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HomeMy WebLinkAbout01-0027 FX ,~ . , MATTHEW BAUM PLAINTIFF V. AMANDA RICCIO DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-27 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 5th day of January, 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicshurg, PA 17055 on the 6th day of February ,2001, at 1:00 p.m. 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 defme 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 Dawn S. Sunday. E~ Custody Conciliato ' 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 TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 ~f~. 1 ~ . , ~4 i~_ - ~"""'~ ^"'o~' " '" ' " ". ~ ~l1/ ~l /~.!>' I ~~ ~L4 10/// $- ~~; n /(J'p, ( \,'1\"'1'1 nI I'l!! J,Qi\n,t:.J I AI ~\r(:('V"1 ;",~ .:'"' ,._:1)" _.iC..: ,.), ,1.,1'" ",/,1,>.,.' .!_,;:::'-,!Idt.., : """,r--iiIVi() LZ' :C ~ ,! I ;,;,1 i,'... " , ^ , i ,," -r :~ '1' ~~~~"""''''-'''''''''''"''"''-r~-''''"'1''1r---,<''c;,!,"'",-""'Y-"'fj;''I'!''~,,"~I~'~:;''~I,_,!'<W~~of! YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT 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 County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 AMERlCANS 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 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. James J. Kayer, Esquire Attorney for Plaintiff 4 East Liberty Avenue Liberty Loft Carlisle, PA 17013 (717) 243-7922 . v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 200' - ;( 1 CIVIL TERM : CIVIL ACTION - LAW MATTHEW BAUM, Plaintiff AMANDA RlCCIO, Defendant : IN CUSTODY PETITION FOR CUSTODY COMES NOW, Plaintiff, Matthew T. Baum, by and through his attorney, James J. Kayer, Esquire and who does hereby aver as follows: 1. Plaintiff is Matthew T. Baum, an adult individual, residing at 121 East Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Amanda Riccio, an adult individual, whose current address is 202 East Portland Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff seeks custody of the following child: Name Present Residence Age Cainan Riccio-Baum born, September 9,1998. The child was born out of wedlock. The child is presently in the custody of the mother, Amanda Riccio. Since birth, the child has resided with the following person(s) at the below address(es): September 9,1998 to May 27,1999: With mother and father, Dave and Deneen Riccio, maternal grandparents, and Tyson, maternal uncle at 4 Gunpowder Road, Mechanicsburg, P A. May 1999 to August 1999: With mother and father and Maternal Grandmother, Carole Hughey at Enola Road, Carlisle, P A .. August 1999 to October 1999: With mother and father, Maternal Grandfather, Dave Riccio at 1145 Apple Drive, Apt 145, Mechanicsburg, PA. October 1999 to February 11, 2000: With mother and father at 42 East Locust Street, Mechanicsburg, P A. February 11, 2000 to March 6, 2000: With mother and father at 23 Village Court, Mechanicsburg, P A. March 6, 2000 to present: With mother at 202 East Portland Street, Mechanicsburg, P A. 4. The mother of the child is Amanda Riccio residing at 202 East Portland Street Mechanicsburg. She is not married. 5. The father of the child is Matthew T. Baum, residing at 121 East Simpson Street, Mechanicsburg, Cumberland County, P A, 17055. He is not married. 6. The relationship of Plaintiff to the child is that off ather. The Plaintiff currently resides with the following person(s): Name Relationship Tina Baum Paternal Grandmother 7. The relationship of the defendant to the child is that of mother. The Defendant currently resides with child and the following person(s): Name None Relationship 8. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child 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 child or claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting shared legal custody of the child to the both parties and partial physical custody to the Plaintiff. In this manner the child may be enriched by healthy relationships with each parent. 10. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, names below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim None WHEREFORE, Plaintiff requests the court to grant custody of the child to Plaintiff. Respectfully submitted, ;ji'},::'~ , '" v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ~OO\ : NO.1:tltltr- Q'1 CIVIL TERM : CIVIL ACTION - LAW MATTHEW BAUM, Plaintiff AMANDA RlCCIO, Defendant : IN CUSTODY AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO Pa. R.C.P. 1920.4(a)(1)(ii) COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND I, James J. Kayer, Esquire, being duly sworn according to law, deposes and says that he is the attorney for plaintiff, MATTHEW BAUM, and that he did serve a true and correct copy of the Petition for Custody that was filed in the above matter, by U.S. Mail, postage prepaid, certified with restricted delivery, return receipt requested, unto the Defendant, AMANDA RlCCIO on January 3, 2001. The receipt form is attached hereto as Exhibit "A". J . . NOTARIAL SEAL Vickie J. Group, Notary Public Borough of Cartisle, County of Cumberland My Commission Expires Aug. 30, 2004 ~~- ", 11 'r - - ~ o ----------------- ~ ~ - t.;--"" - - -------------- .. ~ ., II> a ;; " ., lC E ~ lC '" c 7ft :> ~ Q - :> Q' ,.. ... Ii F .. MATTHEW BAUM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. . NO. 01-27 CIVIL TERM . . . AMANDA RICCIO, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF <XXlRT AND 1Ui, this l3.K day of ft!. L I u.v~ consideration of the attached Custody Conciliation eport, and directed as follows: , 2001, upon it is ordered 1. The Father, Matthew Baum, and the Mother, Amanda Riccio, shall have shared legal custody of Cainan Riccio-Baum, born September 9, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. The Father shall have a minimum of 4 periodS of supervised visitation with the Child at Parent Works or other supervising agency selected by agreement of the parties. The parties shall cooperate in scheduling the first session of supervised visitation as soon as possible. 3. The Father shall continue in his course of counseling with Michael Kline until such time as his release by recollUllendation of the counselor. The Mother shall follow the reconnnendations of the counselor with respect to her participation in joint counseling with the Father. The Father shall sign any releases or authorizations necessary for the Mother or her counsel to obtain information from the Father's counselor with respect to the Father I s attendance at and progress in the counseling sessions. 4. After the Father has completed the supervised periods of visitation provided in this' order, if the parties are not able to reach an agreement as to ongoing custody arrangements, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference. BY THE COURT, J. y- . ~(\-O \ Vo~\~ cc: James J. Kayer, Esquire - Counsel for Father NiCk smith, Esquire - Counsel for Mother ". I~' W.' ,,'1"1 , . ii!i " , ~!l c~~... ""~lIl$o~II'!'Il~L ", ~1Rl"il"r:"i ,c ,,,, '~"''''''''"''l!ni'nJl'"1 l'IT'H111UIiI'"!'1'(W-i1''1''''' A1Nn~X~J~:;?!yN]d .." ",," """"""1'"'" '--, I":'[,"i h~ ~~ U .I~: : r .I -.' 't 'iJ ~ I ' c':. ;~j ::;.! ii t" """,..... ;,) ~PIt\IlI!~~ftllIlU!!~~_'lwy~r""'i'''~'~,","'}~'l"''':iP''",",~ffl;'~WIW-!f~Ml\M~I1'~mi'l~Jf1;1!-"m-~~~illIW' MATTHEW BAUM, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 01-27 CIVIL TERM . . AMANDA RICCIO, Defendant : CIVIL ACTION - LAW : IN CUSTODY CUS'.l'COY <X:NCILIATICN SUMMARY REPCm IN ACCOODANCE WITH CUMBERLAND <XXlNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUS'.l'COY OF cainan Riccio-Baum September 9, 1998 Mother 2. A COnciliation COnference was held on February 6, 2001, with the following individuals in attendance: The Father, Matthew Baum, with his counsel, James J. Kayer, Esquire, and the Mother, Amanda Riccio, with her counsel, Nick Smith, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Fehm~ '7. ,;J.()ol Date . (C~of h. Dawn S. Sunday, Esquire(j Custody Conciliator ""4=__1 "=, I"