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Home My WebLink About00-04147 111-- _'J.' - ~I . MARY KATHLEEN AUGUSTINE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. STEVEN J. AUGUSTINE 00-4147 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 30th day of June ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the 18th day of July , 2000, at 9:15 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Isl Melissa P. Greevy. ESt~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TOYOURATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249.3166 .. 0""'''-'''- ,.. ---~ -'^ - ". ~ r "D .....,~r.\(~r.: _ll r ..Ft...lrT i\h.~ 1 1,.. _.' ].", lATAR' Y ('. F 'r\>-~s::- C.{){ jt\'),/\Ut . l ~"r. I \', - - '. 00 JUL - 3 Pl'l \2: 36 CUMBEHLAi\jl) COUNTY PENNSYLVANiA /.3.fZ) Itd t~ ~-t, df.~ /-:J"O,tJ ~~ ~ ail ~ '")-3"ot? ~ ~ $ u::r; ~ .. . , . .. ~_ ~ . '''''''',7 . ~ _ ~<_'-",. - ,1!l_,,,,,,,aw""~>:4(}.~~_!Ii ,,~,~\!.#ffl~ ~ _""..Jft~ -"..,~, @, - 1,) , . , ,', "-"~~ :.&;-<!' . MARY KATHLEEN AUGUSTINE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. tJ.-v~ 'flY? : CIVIL ACTION - LAW : IN CUSTODY STEVEN J. AUGUSTINE, Defendant ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the Conciliator, on the day of , 2000 at o'clock .m., at ,Cumberland County, Pennsylvania, for a Custody Conciliation. At such Conference an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. BY THE COURT: Date of Order: By: Custody Conciliator YOU SHOULD TAKE TillS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNT BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 - . Ol. ~ "~ -"- ~'", MARY KATHLEEN AUGUSTINE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. STEVEN J. AUGUSTINE, Defendant : CIVIL ACTION - LAW : IN CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are serve, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TIllS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNT BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 ~ i .. -, - ~ -, ,"~'- , A VISO USTED HA SIDO DEMANDADO/A EN CORTE. Se usted desea defenderse de las demandas que se prsentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fall por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Used puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 V AYA A LA SIGUIENTE OFICINA PARA A VERlGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNT BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about assessable facilities and reasonable accommodations available to disable individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. CUMBERLAND COUNT BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 ~" , ' ~ . ~~ ~c MARY KATHLEEN AUGUSTINE, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. tHo '/1'17 C;;J 7u- STEVEN J. AUGUSTINE, Defendant : CIVIL ACTION -LAW : IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Mary Kathleen Augustine, an adult individual who resides at 907 Chester Road, Apartment J, Enola, Cumberland County, Pennsylvania, 17025. 2. The Defendant is Steven J. Augustine, an adult individual who resides at 1936 Kent Drive, Camp Hill, Enola, Cumberland County, Pennsylvania, 17011. 3. The Plaintiff seeks custody of the following children: Name Date of Birth Age Alyssa Augustine Alexa Augustine 8/10/92 3/14/94 7 6 The children are presently in the physical custody of their Mother, who resides at the address above. The children were born in wedlock. 4. During the past five years the children have lived with the following persons at the following addresses: a. With both parents 1936 Kent Drive Camp Hill, PA -.""""""" .i: . ~ '.~.<j'>fu; b. With mother 907 Chester Road, Apt. J Enola, P A 5. The Mother of the children is Mary Kathleen Augustine, currently residing at 907 Chester Road, Apt. J, Enola, Cumberland County, Pennsylvania. Her marital status is separated. 6. The Father of the children is Steven J. Augustine, currently residing at 1936 Kent Drive, Camp Hill, Cumberland County, Pennsylvania. 7. The relationship of the Plaintiff to the children is that of Mother. Plaintiff currently resides with the following persons: Name Relationship Alyssa Augustine Alexa Augustine Daughter Daughter 8. The relationship of the Defendant to the children is that of Father. Defendant currently resides alone. Plaintiff has not participated as a party or witness or in another capacity in other litigation concerning the custody of the children in this or another Court. Plaintiff has no information of the custody proceedings of the children pending in a Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with the children. ~~-- -- -,. ~_...- .'~~~ - """<I" 9. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff has been the primary care giver of the children and has provided the children with consistent and loving care. b. Plaintiff is willing and able to continue to provide proper care and supervision of the children. c. Plaintiff can provide a stable and loving environment to the children. 10. Each parent whose parental rights of the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. There are no other persons who are known to have a claim or right to custody or visitation in this matter. WHEREFORE, Plaintiff requests the Court to grant primary physical and legal custody of the children to the Plaintiff with liberal partial physical custody to Defendant. Respectfully Submitted, ~ t. gQR. b4a ot~j Marianne E. Rudebusch, Esquire 845 Sir Thomas Court, Suite llB Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 Dated: &/;l3/ciJ / ( ,d,' - ...... ....., r.!llW, , . , ' MARY KATHLEEN AUGUSTINE, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . : NO. STEVEN J. AUGUSTINE, Defendant . : CIVIL ACTION - lAW : IN CUSTODY VERIFICATION Upon my personal knowledge, information, and belief, I, Mary Kathleen Augustine, hereby verify that the facts averred and statements made in the foregoing are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date:~ ;<,3 ~ om 0l~ I~~ ~.ufiiN-- Mary Kath een Augustine ,- ", - ~ -'-~", '" ,.... ' " , vs. JUl 31 2~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-4147 MARY KATHLEEN AUGUSTINE, Plaintiff STEVEN J. AUGUSTINE, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this d....l. day of ~ , 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Mary Kathleen Augustine, and the Father, Steven J. Augustine, shall have shared legal custody of the children, Alyssa Augustine, born August 10,1992, and Alexa Augustine, born March 14, 1994. 2. The parties shall share physical custody of the children according to the following schedule: A. The children shall reside with Mother. B. The Father shall have custody of the children on alternating weekends from Friday at 5:00 PM until Sunday at 7:00 PM. The Father shall have custody of the children on Tuesday evenings from after school until 7:00 PM. C. This shall be the minimal amount of custodial time for Father, who shall have additional periods of custody at such times as the parties shall mutually agree. 3. The parties shall share holidays according to the following schedule: A. Labor Day weekend 2000 shall be with Father. B. Thanksgiving 2000 shall be with Mother. Thanksgiving holiday shall be alternated between the parties in future years. Father shall have Thanksgiving on odd numbered years and Mother shall have Thanksgiving on even numbered years. C. The Christmas holiday shall be divided into two segments. Segment A shall be from December 24th at noon until December 25th at 2:00 PM. Segment B shall be from December 25th at 2:00 PM until December 26th at noon. In even numbered years, Mother shall have Segment A and Father shall have Segment B. In odd numbered years, Father shall have ". " ~ ~" ,', 0_'__ ~' - " '" . .... , Segment A and Mother shall have Segment B. 4. Other holidays shall be shared between the parties as they shall agree. 5. Transportation between the parties shall be shared in the following fashion: Transportation shall be the responsibility of the party who is beginning their custodial period. BY THE COURT, J. Dist: Marianne E. Rudebusch, Esquire, counsel for the plaintiff, 845 Sir Thomas Court, Suite 11-8, Harrisburg, PA 17109 Gary L. Kelley, Esquire, counsel for the defendant, 132-134 Walnut Street, Harrisburg, PA 17101 . ' c...,..u ".,..... '1..(. f. .:I- ro + " .~jfj_il~l!j~ui~li.1iiilEM'~!i'l'..;~!ti!~~"\l.~~,!'-''''~'~>'J&' '"~~, lI'jr~""~' . Vli'N/\lASM-Ejd } .~In'" C,'" .1' .'-~ 'I~~ . I \! L 1 "',"~ '.,' d,'" I' 'l 'I.;.. \. ,_, '" '; i ,.' J'~ __,;,~,: ',j ~ I 7 'I' D :~~ t\d ?- JI;11 en "I, ~~"il1l il"" 1'dlrI!t;~1l!liMl.~ ~ <-=.., -> ',j I '" '''"'!''- ~ " ,'--, li~--. , . MARY KATHLEEN AUGUSTINE, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-4147 STEVEN J. AUGUSTINE, Defendant CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information of the children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alyssa Augustine Alexa Augustine August 10, 1992 March 14, 1994 Mother Mother 2. A Conciliation Conference was held on July 18, 2000, with the following individuals present: Mother, Mary Kathleen Augustine, and her counsel, Marianne E. Rudebusch, Esquire; counsel for the defendant, Gary Kelley, Esquire. The defendant did not attend. However, Mr. Kelley represented that he had had discussions with his client and was authorized to enter an agreement on behalf of his client. 3. The Mother and counsel for the Father agreed to the entry of an Order in the form as attached. ~ -;}J / 2.ffiJP ~ e Peel Greevy, Esquire Custody Conciliator Date