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HomeMy WebLinkAbout01-2815 FX <,^ ,- -.~, -,,",,'~" ,'" '..' 0 '0: ,"}: ~ MELISSA ANN AUMAN, : IN THE <XlURT OF <XlMMON PLEAS OF Plaintiff . CUMBERLAND <XlUNTY, PENNSYLVANIA . . . vs. : NO. 01-2815 CIVIL TERM : PAUL WILLIAM AUMAN, : CIVIL ACTION - LAW Defendant . IN CUSTODY . AND NCW, this -z..o consideration of the attached and directed as follows: aIDER Ol" <XXlRT day of )~ , Custody Conciliation Report, it 2001, upon is ordered 1. The Mother, Melissa Ann Auman, shall have legal custody of Justin David Auman, born September 29, 1991, and Kayllyn Richelle Auman, born October 12, 1993. The Mother shall have sole decision making authority concerning major decisions affecting the Children, but shall make a reasonable effort to contact and consult with the Father in the course of making those decisions. Both parties shall have equal access to the Children's medical and school records. The Mother shall notify the Father, through the paternal grandmother if necessary, of any important events, activities, emergencies, achievements or difficulties concerning the Children. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children on alternating weekends from Saturday at 8:00 a.m. through Sunday at 9:00 a.m. and at any additional times requested by the Father, provided the Father gives the Mother a minimum of two days advance notice. The Father's periods of partial custody under this provision are contingent upon the availability of the paternal grandmother, Joan Sholly, to personally supervise the Father's periods of custody with the Children at all times. 4. The parties shall share having custody of the Children on holidays as arranged by agreement. 5. The Father shall refrain from consuming alcohol or using illegal substances during periods of custody with the Children. 6. The Father shall be responsible to provide transportation for all exchanges of custody, unless otherwise agreed between the parties. 7. Each party shall ensure that the other party has his or her current address and telephone number where the Children can be contacted. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms w ,_ .' "-' ~~-- """. ---, ,- ,"'; "" , "' ,.",_.~-- , -"",~ "'t1 of this Order shall control. Any agreements to modify the terms of this Order on an ongoing or permanent basis shall be in writing and signed by both parties. cc: Susan K. Candiello, Esquire - Counsel for Mother Paul William Auman, Father J. Cof' bs' rn.a Z l.ui. /,l.).1 /01 ~ '. -,. ,,_ . rl""^, _ _._ ~ ,- , I: MELISSA ANN AUMAN, . IN THE COURT OF COMMON PLEAS OF . plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. . NO. 01-2815 CIVIL TERM . . . PAUL WILLIAM AUMAN, . CIVIL ACTION - LAW . Defendant : IN CUSTODY CUSTODY CClIlCILIATICIil SUMMARY REP<m IN ACCDIDAI!iICE WITH CUMBERLAND CXXlN'l'l!' RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned CUstody Conciliator submits the fOllowing report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURREN.N.Y IN CUSTODY OF Justin David Auman Kayllyn Richelle Auman September 29, 1991 October 12, 1993 Mother Mother 2. A Conciliation Conference was held on June 12, 2001, with the following individuals in attendance: the Mother, Melissa Ann Auman, with her counsel, Susan K. Candiello, Esquire, and the Father, Paul William Auman, who was not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date ~ /"( :Jot) / . ~ Custody Conciliator ~~ ..... ~'" . < ,-"",,,-", '''--':"'',1 ,,-.of ... MELISSA ANN AUMAN, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : NO. 01.2815 CIVIL TERM PAUL WILLIAM AUMAN, DEFENDANT : CIVIL ACTION. LAW : ACTION FOR CUSTODY ACCEPTANCE OF S)tRVICE TO THE PROTHONOTARY: With regard to the above matter, I hereby accept service of the Complaint for Custody" A true copy of the Thursday, May 17,2001 Order of Court, scheduling the Pre-Hearing Custody Conference in this matter for Tuesday, June ,200l, as attached to the Complaint. Iy su "tte\!, Dated: ~, 2001 PAUL WILUA AUMAN Defendant ':'Er!',i!f~",~k.'bl!'liilill,ic'~8,,,,,,,,gf&;d;i&,"f'l\'ji',"mE:I'j:,-'\i1k"1:"'~_&"-ll'" Es k:t> U!,.III<:~, _JJlIl ! - c_,j~C-""l,") _ m r",-'d""He~;""(~ill&~_ ~h_~. -~~ ~- ~- ~~~'>~~~..1~!'l!llMldi!Kilrii"" ~ 0 0 ,-, '-...1 C --'1'1 ;;: :- -r)lJ) {11fT; .>,....... -~ "- 0-,,) Zc.-- 5Q'~.' a-'; r;:C';' '- -- ~~~ f'J Z r.:- - -< (,) .. ..-~~ ,,,, ~, " ~- __,s I.........., ". i~'~~~i MELISSA ANN AUMAN, PLAINTIFF VS. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. Ol-:u'i-S C?ic.;..('--r~ : CIVIL ACTION - LAW : ACTION FOR CUSTODY PAUL WILLIAM AUMAN, DEFENDANT ORDER AND NOW, this day of ,2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of ,2001, at _ o'clock _ .m., for the 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 shall also be present at the conference. Failure to appear at the conference may provide for entry of a temporary or permanent order. FOR THE COURT, BY: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA Vl!: 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 PA 17013 (717) 249-3166 1-800-990-9108 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 infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements mnst be made at least 72 hours prior to any hearing or bnsiness before the court. Yon must attend the scheduled conference or hearing. t_ ~ <_ ~ "_, "-- ,,- 'T_ ~-~'OI/ik.i;"",i_"; MELISSA ANN AUMAN PLAINTIFF V. PAUL WILLIAM AUMAN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA 01-2815 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 17, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawu S. Suuday, Esq. at 39 West Maiu Street, Mechanicsburg, PA 17055 on Tuesday, Juue 12, 2001 , the conciliator, at 10:00 a.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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR TIIE COURT, By: Isl Dawn S. Sunday. Esq.f;b 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 TIIIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB 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 m n~ -' - ~,-. ,,~ 'M' . _, _ ~n~~ N ,_'.. JiLfi ." ' ~ ~.~, \',::!:!- r::D-C):;~}ff:Y(.J\RY 01 t.,HV t,'u',~ Pi1 \:35 1 rlH! CUlv\\3ERL":u ()J~Nry PEJ1NSYLVj\~.!!!\ .5'/~ /)( .5 /~ tJ/ 5-/1'61/ M~~~4~ 71~ ~ ~ dtffc ~~~%;aIf~ ~~-, ~ 'I' ,,""'-~"'_. -"'", $> "~ ",~~__~fI<~:rn~;_-'1~~'\Il~'~~",illt_~!l'~1Il1i\lfl'J!!jlj!ml",>>p.W'!(P'ff'fr","''-''-'11'''-~ '-".'T"(''''', < -"'<F~_';"H"V~l'f""~~I""""r,,,.'rn~''''(,-V'WO''';m<1i'!.''rf\j~~!~~ }c~. I J I." ,,":,," ,. --j - " ',:;",; I--'~',,-, -" -d-h;-jk, MELISSA ANN AUMAN, PLAINTIFF vs. : IN THE COURT OF COMMON PLEAS :OFCUMBERLANDCOUNT~ : PENNSYL VANIA ~ NO. 0\ -1.~l5 PAUL WILLIAM AUMAN, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR CUSTODY NOTICE TO DEFEND AM> CLAIM RIG{lTS 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 served, 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 TIDS 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 PA l70l3 (717) 249-3166 l-800-990-9108 ~. "-~- '. ~ ~ ,Iii ,~ I ~ ~ o' ,-" .f-. ~. ~ "\.i' " " t~, MELISSA ANN AUMAN, PLAINTIFF vs. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 01- ;2f/:/ Cu;v'-~ PAUL WILLIAM AUMAN, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, MELISSA ANN AUMAN, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.c., and makes the following Complaint for Custody Modification. L Plaintiff is MELISSA ANN AUMAN, who currently resides at 117 North 4th Street, Lemoyne, Cumberland County, Pennsylvania, l7043. 2. Defendant is PAUL WILLIAM AUMAN, who currently resides at 2026 Green Street, Harrisburg, Dauphin County, Pennsylvania, 17l02. 3. Plaintiff seeks Primary Legal and Physical Custody of the following minor children: NAME ADDRESS DATE OF BIRTH JUSTIN DAVID AUMAN 117 North 4th Street Lemoyne, PA September 29, 1991 KA YLLYN RlCHELLE l17 North 4th Street Lemoyne, PA October 12, 1993 4. The children were born in wedlock. 5. The children are presently in the custody of the Plaintiff, who resides at 117 North 4th Street, Lemoyne, Cumberland County, Pennsylvania, 17043. - I I " I ,~ l,c "j' - ~,~ .} '~';'K -;." "'" ,-, 6. Since the children's birth the children have resided with the following persons at the following addresses: PERSONS ADDRESS DATES Plaintiff, Defendant, Justin David Auman Lake Pointe Drive, Harrisburg, PA Birth - July, 1992 Plaintiff, Defendant, Justin David Auman Ontario Drive, Harrisburg, PA July, 1992 to June, 1993 Plaintiff, Defendant, Justin David Auman, and Kayllyn Richelle Auman 658 Market Street Lemoyne, PA June, 1993 to May,I996 Plaintiff, Defendant, Justin David Auman, and Kayllyn Richelle Auman 92 Lincoln Drive Harrisburg, PA May, 1996 to August,l999 Plaintiff, Justin David Auman, Kayllyn Richelle Auman 117 North 4th Street Lemoyne, PA August, 1999 to Present 7. The Mother of the children is Plaintiff, Melissa Ann Auman, who currently resides at 117 North 4th Street, Lemoyne, Cumberland County, Pennsylvania, l7043. The Mother is single and resides only with her son, Justin David Auman and her daughter, Kayllyn Richelle Auman. 8. The Fat her of the children is the Defendant, Paul William Auman, who currently resides at 2026 Green Street, Harrisburg, Dauphin County, Pennsylvania, 17102. The Father is Single. Plaintiff believes he lives with a friend named "Jeff". 9. The relationship of the Plaintiff, Melissa Ann Auman, to the children is that of the Natural Mother. Mother currently resides alone with her son and daughter. 10. The relationship of the Defendant, Paul William Auman, to the children is that of the Natural Father. The Defendant currently resides with a friend named "Jeff" to the best of Plaintiff's knowledge. ~ " I I L.;~ . ~.: . _.n",,, f ~_'~'_ ~, " " 1 L The Plaintiff does not know of a person not a party to the proceedings, who had physical custody of the children or claims to have custody or visitation rights with respect to the children. 12. The best interests and permanent welfare of the children will be served by granting the relief requested because: A. Plaintiff has always been the primary care giver and has great love and concern for her son and daughter; B. Plaintiff has always been employed and supported her son and daughter; C. Defendant has frequently been unemployed and has consistently and repeatedly failed to provide any financial support for his children; D. Defendant does not engage in any regular activities with his children; E. Defendant does not engage in regular visitation with his children; F. Defendant does not participate in any of the children's activities or assist the Plaintiff in planning for the children's goals and activities; G. Defendant has engaged in alcohol and illegal substance abuse continuously for over ten (10) years; H. Plaintiff wishes her children to live in a safe physical, emotional and social environment. 13. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff, MELISSA ANN AUMAN, respectfully requests this Honorable Court to enter an Order: -~~. ~, - II I. ,. ,-., , ;' '-J~ . '~...w Granting her Full Legal and Primary Physical Custody of her son, JUSTIN DAVID AUMAN and her daughter, KA YLL YN RICHELLE AUMAN, and giving Defendant, PAUL WILLIAM AUMAN , Partial Physical Custody of the minor children at such times as it can be determined the Defendant can provide a safe environment for the children. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: ,2ool Susan Kay Can . Counsel for PI inti PA I.D. # 6499 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-l930 1 ,I I L, ; l . ~_ J.c_ ""-;'.".L~_. VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of l8 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. DATED: 5/7 ,2001 ,)