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Home My WebLink About96-00996 " c ~ a :7 I I I . I on 17 i ! i I ~ i t'" .~ - l/J -;) .~ - Q. ~ j .s 0- cr- l~ 10- 1 , J . / STEPHEN CHRISTOPHER PICKEUlIMER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. CML TERM v. PENNY VAUGHN, Derendant : CUSTODY COMPUUNT FOR CUSTODY 1. Plaintiff is Stephen Christopher Pickelsimer, an adult individual whose residence Is at 409 Connecticut Avenue, Greer, South CaroliM 29650. 2. Derendant is Penny Vaughn, an adult individual currently residing at 287 Plaza Drive, Boiling Springs, Cumberland County, Pew\lIYlvania. 3. Plaintiff seeks custody or his children, Michael Christopher Pickelsimer, born April 13, 1989, and Brent Paul Pickelsimer, born June 1, 1991, who are presently residing at 287 Plaza Drive, Boiling Springs, Cumberland County, Pennsylvania. 4. The children are presently in the custody or the Derendant. 5. The children have resided with the roUowing over the past five years: Name Address Date S. Christopher Pickelsimer & Cleveland, Bradley County to March 1994 Penny Pickelsimer (now Vaughn) TenneBBee Penny Pickelsimer (now Vaughn) Cleveland, Bradley County 3/94 . 6/22194 TenneBBee Penny Vaughn & David Shuller 1291 High Street, Boiling Springs 6122194 . 12125195 Cumberland County, PA S. Christopher Pickelsimer, David 409 Connecticut Avenue 12125/95 . 2/20196 Pickelsimer, & Vonda Pickelsimer Greer, SC 29650 Penny Vaughn 287 Plaza Drive, Boiling Springs 2/20196 . Present Cumberland County, PA 6. The natural mother or the child is Penny Vaughn, currently residing at the above-stated addreBB. 7. The natural father of the child is S. Chriatopher Pickelsimer, currently residing at the above-stated address. 8. The relationship ofthe Plaintiff to the child is that of natural father. 9. The relationship of the Defendant to the child is that of natural mother. 10. Each parent whose parental rights to the child have not been tenninated and the person who has physical custody of the child have been named as parties to this action. No other persona are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. 11. The parties have previously been participanta in custody proceedings in Bradley County, Tennessee. A copy of the Marital Dissolution and Custody Agreement dated August 22, 1994, is attached hereto as Exhibit "N. Upon being made aware of the allegations which will fonow in this Petition, a Petition for temporary custody was med in Bradley County, Tennessee, resulting in an Order of Temporary Custody dated January 5, 1996, and attached to this Complaint as Exhibit 'B'. The custody proceeding in Tennessee W88 dismissed on February 20, 1996, on the basis that Tennessee is no longer the home state of the minor children and Pennsylvania is the proper forum. Based upon that decision, the Temporary Order of January 5, 1996, W88 also dismissed and the children were de facto returned to the custody of the mother. 12. The beat interests and permanent welfare of the children will be served by granting to the Plaintiff primary physical custody for the fonowing reasons: A. Between June 22, 1994 and December 25, 1995, mother's paramour, David Shuller, d1c\ physical1y abuse the children in that he punched the boys in the stomach, stuck their heada under water in the bathtub, picked Michael up by the throat in front of his mother, hit Michael's head against the wall on a number of occasions, spanked the children hard with a Oy.swatter, and had taken" bath with Brent, the youngest child, B, FoUowing each of these incidences, the children did teU their mother about the incident, and she did nothing to prevent further abll88 or further protect the children; C. The natural mother has admitted to the natural father that she Willi aware of the abuse that Willi going on; D. While mother has supposedly discontinued all contact with said David Shuller, her behavior has indicated a ciear inability to protect these children from abll88; E. Despite the allegations of abll88, mother continued to live with David Shuller until January 13, 1996; F. Mother presently works third shill. at her employment and, consequently, the boys will be required to stay with mother's new paramour, who's name and identity is presently unknDwn to the natural father, each and every night that the mother is working; G. Father has a regular employment schedule and would be able to spend eubatantisJ quality time with the children if he is awarded custody; H. Father presently resides with his brother and his wife In Greer, South Carolina; t. Within the next month, father will be moving into his parenllJ new hom" In Greer, South Carolina. In this home the children will have their own bedroom to share; J. Under the present circwnstances, the father is In the best position to provide the children with the nf!Cessaty care and attention that they require; K. In light of the present circwnstances, by granting custody with the father, the children will have contact with an extended fwnily in Greer, South Carolina. I I I 'lr r.',,1O months du.lnq tho SlJlIlmQC ftontha. two WQt!k~ (jur 1111' r.lu. f:tlrl:1tmll9 Ilolldil'( IJnd ona WQok in thQ 9prlnlJ. Ilusbul\tJ I I1ntl lIIit. uch agr.. that. they wiLL lIleet at 11 halfway polnt, 'oIl1it:n '11111 be ddt.oulnlllft by ehQ parties, 1:0 ltx.chl1nqQ tile chlllJrel1 ror the purposo of allowinq tho father to .)C.ercho hL~ '1lslt"tLun pdvlleqoa. 1 " J. Ilusbllnd aqr... to pay directlY to wlte Nlnety- :J1)f Dol11]r9 l $'ltL 1)0) per week as child support tor the ~upport /l"d .alntenance of the purti.. minor chLldren. 3.11u a.aunt of child Gupport 1S consistent ~lth the IIt<1tutory quideline.. lIullband agr... to provide health ami dent<Jl insurance tor the parties minor children IInd ftoch pnrty shall be responsible tor paylng one-haif ot any medlat11 expenses not covered under said insurance. Husband i ~ shall not pay chl1d support durinq the :;z months ot summer \lisit.1t1on and ne will b. solely responsLble tor the cars dntJ. .aintenance ot the children during this time. Husband shalt be allowed to cLaim the minor child Orent pickeisimer as a dependant tor income tax purposes provided chlhJ lJupport tor the children is paid for a poriod of six months in the year of 1994, it allowed by law. J. tt is agreed and understood between the partieD that husband shall remain in tho marital rosidonco located <I , SIt ~~5 Ayers orhe, Bradley county, until said home is .1 I :1 wite and husband shail each receive 1/2 ot any sold. equity fro. said sah atter repayment of $1,500.00 to Hr. Gallor Plckel.i..r. !lusband will make diliqent eHorts to sell the marital resldence at Q price aqreed upon by the I' In lieu of paying child support husband shall parties 'I continue to pay the lIlortqaqe payments until the hauDo is I sold or taken of f th.. llul.rket by otJreement oJf the parties, I' I ,I at which thle husband shall beqln child support paymentB to wUe. 4. The parties have heretofore dividod all articles of their household furnishinqo and personal property, and hereby certify .ald division, do ,I q , I . I,' STEPHEN CHRISTOPHER : IN THE COURT OF COMMON PL~AS OF PICKELSIMER, . CUMBERLAND COUNTY, PENNSYLVANIA . Plaintiff . . . CIVIL ACTION - LAW . v. . . . NO. 96-996 CIVIL TERM . PENNY VAUGHN, . . Defendant : CIVIL ACTION - CUSTODY COURT ORDER AND NOW, this .1"t.f day of /u",~l consideration of the attached Custody Conciliation ordered and directed as follows: 2. , 1996, upon Report, it is 1 . ., A hearing is scheduled in Cour~room * .-' ,.of the Cumberland County Courthouse on the I.' I day~' J".~ , 1996, at ,/. i.. ['I'm., at which time testimolly will be taken in the above case. At this hearing, the Father, Stephen Christopher Pickelsimer, shall be the moving party and shall proceed initially with testimony. Counsel for che parties shall file with the Court and opposing counsel a memorandum setting forth a history of the custody in this case, the issues currently before the Court, each party's position on these issues, a list of witnesses who will be called to testify along with a summary of the anticipated testimony of each witness. This memorandum shall be filed at least ten (10) days prior to the hearing date. Pending further Order of this Court, the custody arrangement as directed in the August 22, 1994 Order from Bradley County, Tennessee, shall remain in effect. BY I cc: Robert P. Kline, Esquire Joan Carey, Esquire ~~~-1.- ."'....<..J..,A 'f/ /1 /~,. ..d )' . I, STEPHEN CHRISTOPHER . IN THE COURT OF COMMON PLEAS OF . PICKELSIMER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . . . CIVIL ACTION - LAW . v. . . . NO. 96-996 CIVIL TERM . PENNY VAUGHN, . . Defendant . CIVIL ACTION - CUSTODY . CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The information pertaining to the children who are subject of this litigation is as follows: Michael Christopher Pickelsimer, born April 13, 1989 Brent Paul Pickelsimer, born June 1, 1991 2. A Conciliation Conference was held on March 21, 1996, with the following individuals in attendance: The Father Stephen Christopher Pickelsimer, with his counsel Robert P. Kline, Esquire, and the Mother Penny Vaughn, with her counsel, Joan Carey, Esquire. 3. The parties were divorced in 1994 in Tennessee. The divorce Order included a custody srrangement whereby the Mother would have primary physical custody and the Father would have extended periods of time over the summer and on weekends during the school year. The Mother was moving to Pennsylvania and the Father was moving to South Carolina. The Father has exercised his visitation rights. In December of 1995, Father obtained information that the Mother's boyfriend may have been physically abusing the children. Father than went to court in . Tennessee and obtained a temporary Order transferring custody of the children to him. The Tennessee temporary Order was dismissed for jurisdictional reasons after which the children were returned to the Mother. The Mother currently has custody of the children. 4. The Father desires to modify the custody arrangement to transfer primary custody to him. Father feels that he is in . . STEPHEN CHRISTOPHER PICKELSIMER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 96.996 CML TERM v, PENNY VAUGHN, Defendant : CML ACTION. CUSTODY ~ ~:URT AI'iD NOW, th.. ~ ddy or -f'f\..(. ,191M, upon agreemanL vi th. parti.3, the hearing previously scheduled for June 12, 1996, is hereby continued generally, pending submiseion by the parties of a StipuIstion to be entered as an Order of Court. In the event that the language of such StipuIstion cannot be f1naIized by the parties, either party upon motion, may request that the hearing in this matter be rescheduled. BY THE COURT: ('I \.::l 0 (' t....'lI -, I "'1')' "'- .:.:1 [!I'" :~ ,';1f2 ' . !. I .r,~ 4.._, ~:. ..j.;-~ --Ii .) !;~ i -;) l'1j ....~ 'c'" ~--. I . ~h r;<' r'>., :"'jm ,', =. .. !''' .~ - , u:> ~ -1 ..... Eve and Chnstmas Day anti the mother shdll hdve the rema1nder of the Christ~~ holIday to 1nclude New Years Day, b. On years ending 1n an odd number, the father shall hdve the children for the Thanksgiv1ng holiday and the mother shall r~ve the children from the day school ends through Christmas Eve and Chnstmas Day until December 26. The father shall have the children from December 26 at a time to be agreed upon by the parties through the end of the school break. 5, The father and mother shall share transportation, meeting at an agreed upon point t~lfwdY between their residences (presently the halfway point is Bryson City, North Carolina). 6. The mother and father, by mutual agreement, may vary from this schedule at any time. 7. The parties shall provide each other with reasonable telephone access to the children at all times. 8. Each parent shall notify the other immediately of medical emergencies which arise while the children are in t.hat parent's care. 9. The parties acknowledge that the raising of a child when the parties live separately carries with it special problems and obligations and each party hereby agrees to cooperate with the other to the maximum extent possible to assure that the best interests and welfare of the children are served. 10. The intent of this Custody Order is to encourage both parents to share the rights, pleasures, and responsibilities of child rearing and to maintain a meaningful relationship with their children. 11. Neither party shall do anythtng whJ.ch may estrange the children c, Durinl( the chi I<lrt!n'" Sprinl( Brellk from school. d, Other till,'" 1\" I\l(rped upon hy th,' pl\rt iI'S, 4. The father 1111<1 the ",other "hili I /lltern/lte Thanksgiv ing and Christ.as each year as follows: a. On years end i ng in an even nu.ber, the mother shall have the chi Idren for the ThankHl(iving holiday IInd the father shall have the children for one week during Christllas to include Christllas Eve and Christllas Day and the mother shIl!l have the rellainder of the Christllus hol iday to include New Years Day, b, On years ending in an odd nUllbor, the fIlther shall have the children for the Thanksgiving holiday and the 1I0ther shall have the chi Idr..n from the day school ends through ChristllBs Eve and Christlllas Day until Decelllber 26. The father shall have the chi Idren frolll December 26 at a time to be agreed upon by the parties through the end of the school break, 5. The fath,>r and mother shall share transportation, meeting at an agreed upon point halfway between their residences (presently the halfway point is Bryson City, North Carolina). 6. Th.. mother and father, by mutual agreellent, may vary frolll this schedule at any time. 7, The pur ties agrep to prov ide each other with reasonable telephone accpss to the children at all times, 8. Euc:h parent Hhall notify the other immediately of medical emergpnci"li which arilie while the children are in thut pnrent's care. !l. Tt\l' purUes acknowledg!' that the raising of a c:hild when the parties liv!' "pparntply cnrrieR with it lipec:ial prohlemli and ohligutions and .'h ~ ,~l IT) - - ... ..... 'If '1 ~ 'F ". -. ,. , -" HI -"; V ,:4 . ci I c" ~ ,;") :? L. ~ . I f" = 'j ~ C. I'.. ',' _.. U , J ,