Loading...
HomeMy WebLinkAbout09-65390 ANDREA AUNKST, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. No. (g q- ?p SJ GVv: f ??r?? JOHN AUNKST, CIVIL ACTION-CUSTODY Defendant. COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Andrea Aunkst, by and through her attorneys, Foreman & Caraciolo, P.C. and avers the following: 1. The Mother, Plaintiff above, is Andrea Aunkst, an adult individual currently residing at 934 Hawthorne Street, Enola, Cumberland County, Pennsylvania, 17025 (hereinafter referred to as "Mother"). 2. The Father, Defendant above, is John Aunkst, an adult individual currently residing at 205 Fawn Court, Marysville, Perry County, Pennsylvania, 17053 (hereinafter referred to as "Father"). 3. Plaintiff seeks custody of the following child: Ian Aunkst, presently residing at 934 Hawthorne Street, Enola, Cumberland County, Pennsylvania, 17025, Date of Birth March 13, 2008 and now one (1) year of age. 4. The child was not born out of wedlock. 5. The child is in the custody of Mother, Andrea Aunkst who resides at 934 Hawthorne Street, Enola, Cumberland County, Pennsylvania, 17025. 6. Since the birth of the child, child has resided with the following persons and at the following addresses: Names Addresses Dates Andrea Aunkst 934 Hawthorne Street Birth until Present' Enola, PA 17025 Father lived with Mother and child until separation in May of 2009. In August of 2009 Father started taking custody of the child almost half of the time. I 7. The Mother of the child is Plaintiff, Andrea Aunkst, currently residing at 934 Hawthorne Street, Enola, Cumberland County, Pennsylvania, 17025. 8. The Father of the child is Defendant, John Aunkst, currently residing at 205 Fawn Court, Marysville, Perry County, Pennsylvania, 17053. 9. Plaintiff has riot participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 10. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 11. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child. or claims to have physical custody or visitation rights with respect to the child. 12. The best interest of the child will be served by granting joint legal custody and primary physical custody to Plaintiff who has always been his primary caretaker. 13. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests that this Honorable Court enter the attached stipulation. Respectfully Submitted, ?i Da e FOREMAN & CARACIOLO, P.C. Bruce D. Fdrem`an, F9quire Attorney ID No. 21193 112 Market Street, 6th Floor Harrisburg, PA 17101 (717) 236-9391- Telephone (717) 236-6602 - Facsimile I ANDREA AUNKST, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. . No. JOHN AUNKST, CIVIL ACTION-CUSTODY Defendant. VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments are based upon an understanding or application of law, I have relied upon counsel in making this verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§ 4904, relating to unworn falsification to authorities. as C)q 0"G Date Andrea Aunkst, Plaintiff I ANDREA AUNKST, Plaintiff, V. JOHN AUNKST, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION-CUSTODY CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Complaint for Custody upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing the same by first class mail, addressed as follows: John Aunkst 205 Fawn Court Marysville, PA 17053 Respectfully Submitted, FOREMAN & CARACIOLO, P.C. Q lrrn I CQ Dat e"r_VM1bj( E , ' y J. WilJeie4t,6th gal retary to Foreman & a lo, P.C. 112 Market Floor Harrisburg, PA 17101 (717) 236-9391- Telephone (717) 236-6602 - Facsimile is MDOTICE OF IV PROTHONCAMY 2U9 SEP 30 AN 11: 20 APyy ANDREA AUNKST IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-6539 CIVIL ACTION LAW JOHN AUNKST IN CUSTODY DEFFNDANT ORDER OF COURT AND NOW, Wednesday, October 07, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator. at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, October 29, 2009 at 12.00 PM 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. 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 THE COURT, By: /s/ Dawn S. Sunda Es q. 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 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 C}F LNG ?'°? 2009 OCR $ Alin Cu" ,v err .?.??L C-1 -? CO ttt ANDREA AUNKST Plaintiff vs. JOHN AUNKST Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-6539 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 1 e l~ day of ~U O y 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Andrea Aunkst, and the Father, John Aunkst, shall have shared legal custody of Ian Aunkst, born March 13, 2008. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties shall have physical custody of the Child in accordance with the following biweekly schedule: A. The weeks shall be divided as follows: Segment A, which shall run from Friday after work, when the Child shall be picked up at daycare, through Monday morning, when the Child shall be transported to daycare, Segment B, which shall run from Monday after daycare through Wednesday at the beginning of daycare, and Segment C, which shall run from Wednesday after daycare through Friday at the beginning of daycare. B. In Week I of the rotation, the Mother shall have custody of the Child during Segments A and C and the Father shall have custody during Segment B. In Week II of the rotation, the Father shall have custody of the Child during Segments A and C and the Mother shall have custody during Segment B. C. The schedule shall continue with the Mother having custody of the Child during Segment A on the weekend beginning October 30, 2009. D. The parent who is picking up the Child from daycare at the end of the day shall be responsible to provide care for the Child, if it is needed, due to illness or other exigent circumstance, during the day. E. Beginning on the weekend after Thanksgiving, the parties shall switch weekends so that the Father has that weekend and alternating weekends thereafter. The purpose of this change shall be to change the weekend alternation so that the Mother's weekends fall on times when the maternal grandmother is not working and will be able to spend time with the Child. 3. When the Father has a weekend period of custody with the Child, the Father shall return to his residence in the local area with the Child on Sunday in sufficient time so that the Child is at the Father's home for the routine bedtime established by agreement between the parties. 4. In the event either party is traveling outside the local area at the time of the transfer of custody to the other parent, the parent who is outside of the area shall be responsible to provide transportation to the other parent's residence for the exchange of custody, unless otherwise agreed between the parties. 5. In the event either party is unavailable to provide care for the Child during his or her period of custody, that parent shall first contact the other parent to offer that parent the opportunity to provide the care during the custodial parent's unavailability. The parties agree that the parent receiving additional time as a result of providing care during the custodial parent's unavailability shall not be required to compensate the other parent for the missed custodial time, unless otherwise agreed between the parties. 6. The Mother shall have custody of the Child for Thanksgiving Day in 2009. 7. The parties shall establish custodial arrangements for the Christmas holiday by agreement, with the Mother having preference as to the part of the holiday on which she has custody of the Child. 8. The parties shall participate in a course of therapeutic family counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co- parent their Child and to manage the custodial schedule in such a manner as to promote the emotional well-being of their Child. Any costs of the counseling which are not covered by insurance shall be shared equally between the parties. The parties shall participate in a minimum of four joint sessions. 9. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 10. 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 of this Order shall control. cc: ~B~ce D. Foreman, Esquire -Counsel for Mother /Melanie L. Erb, Esquire -Counsel for Father l: 0 ~ ~ f~.S /n`3l i~~~~~~q ~~ BY THE COURT, NOV 0 9 2008 ~ ANDREA AUNKST Plaintiff vs. JOHN AUNKST Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-6539 CIVIL ACTION LAW IN 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 concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Ian Aunkst March 13, 2008 Mother/Father 2. A custody conciliation conference was held on October 29, 2009, with the following individuals in attendance: the Mother, Andrea Aunkst, with her counsel, Bruce D. Foreman, Esquire, and the Father, John Aunkst, with his counsel, Melanie L. Erb, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date '~ Dawn S. Sunday, Esquire Custody Conciliator ~, ~. ... ~.. ^.Tii { 1 _h_ ~t~._ ~ ~ r, y. J '7 ~~ _ ,' , , . ANDREA AUNKST, Plaintiff v. JOHN AUNKST, Defendant FEB 0 4 2010% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2009-6539 ~ ~' ~.; a `~ ~~ ~ r;-~ ~ -~ ~ ~ ; ~, CIVIL ACTION -LAW r~ ~~-~ rn cv ~? IN CUSTODY ~ ~' `` ~;,~ CONSENT ORDER ~ ..., ~~, ;}, t., ss ~ . ~ cst ~ ~ w AND NOW, this day of ~-~,, , 2010, upon review of the Parties' Stipulated Amendment to Existing Custody Order attached hereto, it is hereby Ordered and Decreed that the Section 8, regarding therapeutic family counseling, of the November 10, 2009 Order is stricken from the Order. All remaining provisions of the November 10, 2009 Order remain intact in their entirety. BY THE COURT: stribution List: ~ruce D. Foreman, Esq., Veterans Building, 112 Market Street, Sixth Floor, Harrisburg, PA 17101 -counsel for Mother ~lanie L. Erb, Esq., 2132 Market Street, Camp Hill, PA, 17011 -counsel for Father P a js j~ d ~~ Im r m, t L T.. ANDREA AUNKST, m IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN AUNKST, Defendant : No. 2009-6539 CIVIL ACTION -LAW IN CUSTODY CUSTODY STIPULATION WHEREAS, the parties have born to them one (1) child, namely Ian Aunkst, born on March 13, 2008, (hereinafter "Child"); and WHEREAS, the parties wish to enter into an agreement relative to custody, partial custody, and visitation of the Child; and WHEREAS, the Child has resided in Cumberland County, Pennsylvania for the past six (6) months, thus giving this Court jurisdiction; and THEREFORE, this 5th day of November, 2010, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. The Plaintiff above is Andrea Aunkst (hereinafter referred to as "MOTHER"), an adult individual, currently residing at 934 Hawthorne Street, Enola, PA 17025, and the Defendant above is John Aunkst (hereinafter referred to as "FATHER"), an adult individual, currently residing at 120 November Drive, Apt. 1, Camp Hill, PA 17011. 2. The Mother, Andrea Aunkst, and the Father, John Aunk:st shall have shared legal custody of Tan Aunkst, born March 13, 2008. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing 2 .g, shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest, neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activities or circumstances concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent, then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa. C.S.A. §x5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statue. 3. The parties shall have physical custody of the Child in accordance with the following biweekly schedule: A. The weeks shall be divided as follows: Segment A, which shall run from Friday after work, when the Child shall be picked up at daycare, through Monday morning, when the Child shall be transported to daycare, Segment B, which shall run from Monday after daycare through Wednesday at the beginning of daycare, and Segment C, which shall run from Wednesday after daycare through Friday at the beginning of daycare. 3 d. b B. In Week I of the rotation, the Mother shall have custody of the Child during Segments A and C and the Father shall have custody during Segment B. in Week II of the rotation, the Father shall have custody of the Child during Segment A and C and the Mother shall have custody during Segment B. C. The parent who is picking up the Child from daycare at the end of the day shall be responsible to provide care for the Child, if it is needed, due to illness or other exigent circumstance, during the day. 4. In the event either party is traveling outside the local area at the time of the transfer of custody to the other parent, the parent who is outside of the area shall be responsible to provide transportation to the other parent's residence for the exchange of custody, unless otherwise agreed between the parties. 5. In the event either party is unavailable to provide care for the Child during his or her period of custody, that parent shall first contact the other parent to offer that parent the opportunity to provide the care during the custodial parent's unavailability. The parties agree that the parent receiving additional time as a result of providing care during the custodial parent's unavailability shall not be required to compensate the other parent for the missed custodial time, unless otherwise agreed between the parties. 6. The parties shall rotate the following holidays with Memorial Day, 2010 going to Father and rotating thereafter. Holidays shall commence at 10:00 a.m. the day of the holiday and the parent with custody rights for the holiday shall continue to have custody until taking the Child to daycare the next morning or until 10:00 a.m. if not a day on which the Child would go to daycare. The holidays which will rotate shall consist of New Year's Day; Martin Luther King, 4 t` Jr. Day; President's Day; Easter; Veteran's Day; Memorial Day; July Fourth; Labor Day; and Columbus Day. 7. Mother shall have Thanksgiving day commencing at 8:00 p.m. the day before Thanksgiving until Thanksgiving day at 8:00 p.m. and Christmas Eve until 4:30 p.m. on Christmas Day every year and Father shall have Christmas Day from 4:30 p.m. until drop off at, day care on December 27th or if there is no day care until 10:00 a.m. on December 27th and the Thanksgiving day beginning; at 8:00 p.m. until drop off at day care the following Monday :morning unless it is Mother's weekend in which event drop off will occur at 10:00 a.m. on Saturday morning. 8. Each parent shall have the right to a seven continuous day uninterrupted annual vacation with the Child. In the event of a conflict as to vacation schedule, the parent who first requests the vacation in writing, email shall be considered a written request, shall have priority. The requesting parent must notify the other parent at least thirty (30) days in advance of the time for vacation. If a parent's vacation extends into the other parent's weekend, the weekend missed due to that vacation shall be made up upon the end of the vacation. 9. Mother shall have custody of the Child on Mother's Day and Father shall have custody of the Child on Father's Day. 10. Each parent shall have reasonable telephone, email, and mail access to the Child when in the custody of the other parent. 11. Neither party shall do or say anything which may estrange the Child from the other parent, injury the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 5 y.. 12. The parties agree to cooperate with one another in the implementation of the aforesaid Agreement and understand and agree that other changes or modifications in the aforesaid schedule and/or times specified may be necessary to enable both parents to continue to foster and develop a good and healthy relationship with the child. To that end, the parties agree to cooperate with one another to encourage the relationship of the child with the other parent and agree to refrain from any and all conduct, activity, or communication which would adversely affect the child's relationship with either parent. 13. During any period of custody, the parties to this order shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 14. Neither party shall relocate from their current address if such relocation will necessitate a change in the custody schedule as set forth in this Order, without (a) such party first giving written notice to the other party not less than sixty (60) days prior to the planned relocation, and (b) either written consent of the other party to such relocation or further Order of this Court. In the event of any intended relocation, either party may seek modification of the terms of this custody Order by filing a Petition to Modify Custody with the Prothonotary. 15. The parties shall refrain from making derogatory comments about the other party in the presence, of the child and to the extent possible shall prevent third parties from making such comments in the presence of the child. The parties shall organize ways for the Child to maintain her friendships, extracurricular activities, and other special interests, regardless of which household the child may reside. It is also suggested that toys, clothing, etc. not become matters of contention. 6 v' ,'m 16. This Stipulation maybe altered by the mutual consent of Mother and Father. All communication regarding this custody order or any provision herein shall be limited to the parties. 17. This Stipulation shall supersede any prior Order of Court with specific respect to the custody, partial custody, and/or visitation of the Child. 18. It is the intention and desire of each of the undersigned parties of this Stipulation be confirmed as an Order of Court, without requiring their presence before the Court, pursuant to Pennsylvania Rule of Civil Procedure, Rule 1915.7. 19. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. Date: f "? lio Date: LA, J hn Aunkst, ather s i s mow. ?'... Andrea Aunkst, Mother 7 ANDREA AUNKST, Plaintiff V. JOHN AUNKST, Defendant a NOV 15 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2009-6539 CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this _ day of M,v _, 2010 upon consideration of the attached stipulation of the parties in the above-captioned matter, consisting of eight pages and bearing the written consent of the parties, AND upon direction of this court that the parties need not be present before the court in order to incorporate their stipulation into a consent order, IT IS ORDERED that said stipulation is incorporated herein by reference as is set forth in full and approved as the consent order pursuant to Pa.R.C.P. 1915.7. J. Distribution - , Bruce D. Foreman, Esquire )J-2'Market Street, Harrisburg, PA 17101 John Aunkst 120 November Drive, Apt. 1, Camp Hill, PA 17011 Q rn cs U') r _ _ rr a -to Q ?p -L3 C5 --n c y w °?+7 ? N 7D BY THE COURT: