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HomeMy WebLinkAbout01-2815MELISSA ANN HUMAN, PLAINTIFF VS. PAUL WILLIAM ADMAN, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, :PENNSYLVANIA NO. 01 ? 2 15 : CIVIL ACTION - LAW : ACTION FOR CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS 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 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 PA 17013 (717) 249-3166 1-800-990-9108 MELISSA ANN ADMAN, PLAINTIFF VS. PAUL WILLIAM ADMAN, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, :PENNSYLVANIA :NO.O/-a2f : CIVIL ACTION - LAW : ACTION FOR CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, MELISSA ANN ADMAN, 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. 1. Plaintiff is MELISSA ANN ADMAN, who currently resides at 117 North 4', Street, Lemoyne, Cumberland County, Pennsylvania, 17043. 2. Defendant is PAUL WILLIAM AUMAN, who currently resides at 2026 Green Street, Harrisburg, Dauphin County, Pennsylvania, 17102. 3. Plaintiff seeks Primary Legal and Physical Custody of the following minor children: NAME JUSTIN DAVID AUMAN KAYLLYN RICHELLE ADDRESS 117 North 0 Street Lemoyne, PA 117 North 0 Street Lemoyne, PA 4. The children were born in wedlock. DATE OF BIRTH September 29, 1991 October 12, 1993 5. The children are presently in the custody of the Plaintiff, who resides at 117 North 0 Street, Lemoyne, Cumberland County, Pennsylvania, 17043. 6. Since the children's birth the children have resided with the following persons at the following addresses: PERSONS ADDRESS DATES Plaintiff, Defendant, Lake Pointe Drive, Birth - July, 1992 Justin David Auman Harrisburg, PA Plaintiff, Defendant, Ontario Drive, July, 1992 to June, 1993 Justin David Auman Harrisburg, PA Plaintiff, Defendant, 658 Market Street June, 1993 to May, 1996 Justin David Auman, Lemoyne, PA and Kayllyn Richelle Auman Plaintiff, Defendant, 92 Lincoln Drive May, 1996 to August, 1999 Justin David Auman, Harrisburg, PA and Kayllyn Richelle Auman Plaintiff, Justin David Auman, 117 North 4" Street August, 1999 to Present Kayllyn Richelle Auman Lemoyne, PA 7. The Mother of the children is Plaintiff, Melissa Ann Auman, who currently resides at 117 North 4'" Street, Lemoyne, Cumberland County, Pennsylvania, 17043. 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. IL 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 ADMAN, respectfully requests this Honorable Court to enter an Order: Granting her Full Legal and Primary Physical Custody of her son, JUSTIN DAVID AUMAN and her daughter, KAYLLYN RICHELLE HUMAN, 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. i Dated: CR- .2001 Susan Kay Cand , Esquire Counsel for P fnri PA I.D. # 6499 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document arc true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 pa. C.S.A. §4904 relating to unworn falsification to authorities. DATED: , 2001 MELISSA ANN AUMAN C t, (MM i f ahft C .'y Y Z 7 T 8 ? m y O z 5 ? y z e R IQ ? w -43 C { W .J f+ it L 1 E MELISSA ANN HUMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. PAUL WILLIAM AUMAN 01-2815 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF .O IR Thursday, May 17, 2001 , upon consideration of the attached Complaint, AND NOW9 Dawn S. Sundav. Esa. , the conciliator, it is hereby directed that parties and their respective counsel appear before 2001 at 10:00 2.m- Tuesday, June 12, at 39 West Main Street, Mechanicsburg, PA 17055 on 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 bepresent at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent 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: isi Dawn Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the ct of 1990. For information g about accessible facilities and reasonable a e Americans with Disabilites A fore the court contact our office. please accommodations available to disabled individuals having business be, 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 2 Liberty Avenue Carlisle. Pennsylvania 17013 Telephone (717) 249-3166 s? IT7w -, iaW MELISSA ANN ADMAN, Plaintiff vs. PAUL WILLIAM ADMAN, Defendant IN THE COURT OF OOP4MM PLEAS OF CUMBERLAND CGUN' I PENNSYLVANIA NO. 01-2815 CIVIL TERM CIVIL ACPIC N - LAW IN CUSTODY ORDER OF ODDRT AND KM, this -7--V day of consideration of the attached custody and directed as follows: 2001, upon Conciliation Report, it is ordered 1. The Mother, Melissa Ann Auman, shall have legal custody of Justin David AMM# born September 29' 19911 and Kayllyn Richelle Aumanirn October 12, 1993. The Mother shall have sole decision but shall make a concerning major decisions affecting the Childrenj reasonable effort to contact and consult with the Father access in the thsetof decisions. Both parties shall ha a equaltify the Father, making those Children's medical and school records. The mother shall no important events, through the paternal grandmother if necessary, of any 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 Ia 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 of refrain from consuming alcohol substances during periods 6. The Father exchanges of custody, or using illegal shall be responsible to Provide transportation for all 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 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. 1 BY THE COURTr j J. - CL cc: Susan K. Oandiellot Esquire - Oounsel for Mother /?La on- L Paul William Aumant Father ??or -;'?;?? "C ;n y r .. ? ?i l : ? il' ? ' 1 J•.? MELISSA ANN ADMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01-2815 CIVIL TERM PAUL WILLIAM ADMAN, CIVIL ACTION - LAW Defendant IN CUSTODY COSTCOY CCNCILIATI)ON SUMIAW R MUU IN ACCORDANCE WITH CUMBEEMAND COUNTY 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 BIM CURR@TbY IN CUS2= OF Justin David Auman September 29, 1991 Mother Kayllyn Richelle Auman October 12, 1993 Mother 2. A Conciliation Conference was held an June 121 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 Dawn S. Sunday, Esquire Custody Conciliator ? MELISSA ANN AUMLAN, NTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, :PENNSYLVANIA : NO. 01-2815 CIVIL TERM VS. CIVIL ACTION - LAW PAUL WILLIAM A DEFENDANT : ACTION FOR CUSTODY . C"UA1M[`F OF SERVICE TO THE PROTHONOTARY: matter, I hereby accept service of the Complaint for Custody. A With regard to the above true copy of the Thursday. May 17, 2001 Order of Court, scheduling the Pre-Hearing Custody Conference in this matter for Tuesday, June 61 2001• as attached to the Complaint. Dated: a1 2001 Defendant AUMAN C7 rn -- ?; ?': _ n; - -' .?.+ ?., ;_ ?, -? -- +: ?. ?_ ?... r.? MELISSA ANN ADMAN, PLAINTIFF/RESPONDENT VS. PAUL WILLIAM ADMAN, DEFENDANTMETITIONER : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA NO.01-2815 CIVIL TERM CIVIL ACTION -LAW ACTION IN CUSTODY EMERGENCY PETITION FOR CUSTODY 1. The Defendant/Petitioner is PAUL WILLIAM ADMAN, (sometimes known as "Father"), who is the natural father of the minor child who is the subject of this case. The plaintiff is an adult individual who currently resides at 1853 Holly Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Plaintiff/Respondent is MELISSA ANN ADMAN, (Sometimes known as "Mother"), who is the natural mother of the minor child who is the subject of this case. The Plaintiff/Respondent is an adult individual who currently resides with her boyfriend in Liverpool, PA at an address unknown to the Defendant/Petitioner, but who has a legal address at 117 North 4thStreet, Lemoyne, Cumberland County, Pennsylvania, 17043. 3. Defendant/Respondent seeks Shared Legal Custody and Primary Physical Custody of the following child: Name Present Residence Date of Birth KAYLLYN RICHELLE AUMAN 117 North 4th Street October 12, 1993 (sometimes known as "Kayllyn") Lemoyne, PA 4. The child is the natural child of the Defendant/Petitioner, Paul William Auman, and the Plaintiff/Respondent Melissa Ann Auman. 5. The child is presently in the custody of the Plaintiff/Respondent, who currently resides with her new boyfriend in Liverpool, PA, at an unknown address. Plaintiff/Respondent's legal address is 117 North 4`h Street, Lemoyne, Cumberland County, Pennsylvania, 17043. 6. Since the present custody order was entered on June 20, 2001, Kayllyn has primarily resided with the Plaintiff/Petitioner. 7. The parties have another child, Justin David Auman, barn on September 29, 1993. Justin left his mother's home and moved in with Father on or about November 18, 2006. 8. Plaintiff/Respondent has never provided much nuturing or :physical care for Kayllyn. 9. Plaintiff/Respondent has encouraged and tolerated Kayllyn residing primarily with her friends, rarely being at the home of her Mother. 10. For approximately the past year, Kayllyn has primarily stayed at friends homes. 11. Kayllyn has been banned from at least one (1) of the homes of her friends as a result of her delinquent actions. 12. Kayllyn encouraged her friend to steal money from her mother and then she and her friend used the money to purchase cough syrup in an attempt to get high. 13. Kayllyn has stated her Mother hits her all the time and she has been raped. 14. Every Friday evening, Kayllyn, dresses extremely provocatively and goes out with older boys. Mother approves of this behaviour, but Father does not. 15. Kayllyn's away message on her cell phone is "If I feel like calling you back I will, otherwise you can burn in hell or get hit by a truck, I don't care." 16. Father and Step-Mother are meeting with the principal and Kayllyn's counsellor at her school on January 26th, 2007. Kayllyn's teachers and the counsellor are very concerned ti about Kayllyn's extremely poor performance in school and her behavior in the school with teachers and other children. 17. Kayllyn has been alone in the Mother's legal residence for approximately two (2) weeks, since on or about January 6`", 2007, when Mother moved to her new boyfriend's residence in Liverpool, PA. 18. Father contacted Children and Youth regarding Kayllyn living alone in the Mother's residence. Children and Youth said since she is thirteen (13) years old they could not do anything. 19. Father went to the West Shore Police seeking assistance with Kayllyn. Police Officer Timothy G. Rine, told Father there was nothing he could do to assist him. 20. Father has great love for Kayllyn, but is very fearful of what could happen to Kayllyn as she travels from friends home to friends home and is in Mother's legal residence alone. 21. Father fears at any time someone could enter the legal residence of Mother and/or follow Kayllyn home with the intent of doing harm to Kayllyn. 22. Father has attempted to get Kayllyn to come to live in his home. Kayllyn has come for short periods of time, but always leaves, apparently very happy with her new found independence. 23. Father greatly fears for the psychological and physical safety and well-being of Kayllyn each day she is allowed to live alone in the legal residence of Mother. WHEREFORE, Defendant/Petitioner, PAUL WILLIAM: AUMAN, requests this Honorable Court to grant him, SHARED LEGAL AND PRIMARY PHYSICAL CUSTODY of the minor child, KAYLLYN RICHELLE AUMAN with PARTIAL PHYSICAL CUSTODY to the Plaintiff/Respondent, MELISSA ANN AUMAN. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: January, 2007 n c -Susan Kay Candiello, Counsel for Defendan t PA I.D. # 64998 J 4010 Glenfinnan Place Mechanicsburg PA 17055 (717) 724-2278 i VERIFICATION The undersigned hereby verifies that the facts averred in the foregoiffgdocum are true and correct to the best of his knowledge, information, ar)d belie This Xerification is subject to the penalties of 18 Pa. C.S.A. §4904 relatiO09 unsworit faysification to a DATED: 21 YW 0 7 PAUL WffUAM AUWCN, JR. ? ? ? ? ? ? ? W C? ?. ,?= MELISSA ANN AUMAN, PLAINTIFF/RESPONDENT VS. PAUL WILLIAM AUMAN, DEFENDANT/PETITIONER : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA NO.01-2815 CIVIL TERM : CIVIL ACTION -LAW : ACTION IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, TO WIT, comes the Defendant/Petitioner, PAUL WILLIAM AUMAN, by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Petition for Modification of Custody Order upon a cause of action of which the following is a statement: 1. The Defendant/Petitioner, (sometimes also known as F'ather), is PAUL WILLIAM AUMAN who currently resides at 1853 Holly Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Plaintiff/Respondent, (sometimes also known as Mother), is MELISSA ANN AUMAN, who currently resides with her boyfriend in Liverpool, PA, at an address unknown to the Defendant/Petitioner, but whose legal address remains 117 North 4th Street, Lemoyne, Cumberland County, Pennsylvania, 17043. 3. Defendant/Petitioner seeks Joint Legal Custody and Primary Physical Custody of the following children: Name Present Residence Date of Birth Justin David Auman 1853 Holly Drive September 29, 1991 Camp Hill, PA Kayllyn Richelle Auman 117 North 4`" Street October 12, 1993 Lemoyne, PA 4. The children were born during the parties' marriage. 5. Justin is presently in the Primary Physical Custody of the Defendant/Petitioner, while Kayllyn remains in the residence of the Plaintiff/Respondent, where she has been residing alone for approximately two (2) weeks. 6. During the past five (5) years, the children have resided with the following persons at the following addresses: Names Address Dates Plaintiff/Respondent 117 North 4th Street Lemoyne, PA 7. The mother of the children is Plaintiff/Respondent who currently resides with her new boyfriend in Liverpool, PA at an unknown address, but whose legal address remains 117 North 4th Street, Lemoyne, Cumberland County, Pennsylvania 17043. 8. The father of the children is Defendant/Petitioner who currently resides at 1853 Holly Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 9. Plaintiff/Respondent and Defendant/Petitioner are divorced. Plaintiff/Respondent has a new boyfriend, with whom she recently moved into his residence. Defendant/Petitioner is married to Michelle Auman for approximately one (1) year. 10. The relationship of the Plaintiff/Respondent to the children is that of natural mother. The Plaintiff/Respondent currently resides with her boyfriend, who is believed to be, David Kompt. Plaintiff/Respondent left her legal residence approximately two (2) weeks ago to reside with her boyfriend, at an unknown address in Liverpool, PA. 11. The relationship of the Defendant/Petitioner to the children is that of natural father. The Defendant/Petitioner currently resides with his wife, Michelle Auman and his son, Justin Auman, who moved to Father's residence on or about November 18, 2006. 12. Defendant/Petitioner has participated as a party in a prior custody agreement concerning the custody of the children in this court. The court, term and number, and its relationship to this action are as follows: the court was Cumberland County, the docket number is 01-2815, the result was a custody order dated June 20, 2001, which is attached hereto and made a part hereof as Exhibit "A". 13. Defendant/Petitioner has no information of a custody proceeding concerning the children pending in a court of this Commonwealth at this time. 14. Defendant/Petitioner 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 respect to the children. 15. The best interest and permanent welfare of the children will be served. by granting the relief requested because: A. The parties' son, Justin Auman, has made a decision he does not want to reside with his Mother and moved to Father's home on or about November 18, 2006; B. When residing with their Mother, the children must take care of themselves. Kayllyn for approximately the past year has stayed at various friends homes, rather than be in the home of her mother; C. Both children's performance in school has been extremely poor while in the care of their Mother; D. Since coming to live with his Father, Justin's performance in school has improved through the assistance and efforts of his Father and Step- Mother; E. Mother threatened the children if they moved to their Father's home, she would take their cats and cut their heads off; F. Mother repeatedly makes negative and derogatory statements to the children about their Father. Specifically, Mother tells Kayllyn she will always be in "trouble" with her Father and he will be angry with her. Mother has succeeded in creating a type of fear within Kayllyn of her Father; G. On or about the end of October, 2006 or the beginning of November, 2006, Mother destroyed approximately one-half (1/2) of both Justin and Kayllyn's clothing, when she was angry with them; H. Justin and Kayllyn state their Mother gets angry with them for no apparent reason and screams at them, punishes them and has frequently destroyed their possessions; 1. Mother rarely attends any school functions, parent teacher conferences, nor does she participate in assisting the children with their school work; J. Justin wants to live with his Father and Step-Mother as evidenced by his actions of moving to Father's home, despite Mother's threats; K. Kayllyn has been living alone in Mother's legal residence and/or with friends for approximately two (2) weeks, since her Mother moved to the residence of her new boyfriend; L. Father believes Kayllyn would like to live with him and his wife, but is enjoying her new found independence and is fearful of what her Mother might do if she moves to her Father's home, M. Father has great love for his children. Father greatly fears for his daughter's psychological and physical safety. 16. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Defendant/Petitioner, PAUL WILLIAM ADMAN, requests this Honorable Court grand him SHARED LEGAL CUSTODY, and PRIMARY PHYSICAL CUSTODY of the minor children, JUSTIN DAVID AUMAN and KAYLLYN RICHELLE AUMAN. Plaintiff/Respondent shall have PARTIAL PHYSICAL CUSTODY of the parties' minor children. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: January 2007 `A( f `-----Susan Kay Candie to E quire Counsel for Def ant/ etitioner PA I.D. # 64998 4010 Glenfinnan Place Mechanicsburg PA 17055 (717) 724-2278 VERIFICATION The undersigned hereby verifies that the facts averred in the regoing document are true and correct to the best of his knowledge, information, O-d-?elit This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relat lto uns4r? falsification to authorities. DATED: "y ItW ? -? PAUL WICLIANJ AWAN, JR. cia rT- 4 O D t? 0 C? b MELISSA ANN AUMAN, PLAINTIFF/RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. PAUL WILLIAM AUMAN, DEFENDANT/PETITIONER 01-2815 CIVIL TERM ORDER OF COURT AND NOW, this Z day of January, 2007, the hearing on the within emergency petition for custody currently scheduled to commence at 10:00 a.m., is changed to commence at 2:30 p.m., Friday, February 16, 2007, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court ?Melissa Ann Auman 117 North 4th Street Lemoyne, PA 17043 'Zusan Kay Candiello, Esquire For Defendant/Petitioner Edgar B. Bayley, J. sal 4 3?- tom. ? {`?> r- `> (? t. ? ..?-- ~ _ ?1? ? ?: c"" .r. r ' - ? ' _ t ?s Lt .t r-. ?? ?-a _ 3 c' i t.? MELISSA ANN HUMAN, PLAINTIFF/RESPONDENT V. PAUL WILLIAM AUMAN, DEFENDANT/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2815 CIVIL TERM ORDER OF COURT AND NOW, this day of January, 2007, a hearing on the within emergency petition for custody shall commence at 10:00 a.m., Friday, February 16, 2007, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. elissa Ann Auman 117 North 4th Street Lemoyne, PA 17043 X-usan Kay Candiello, Esquire For Defendant/Petitioner sal By the Court, Edgar B. Bayley, J. OF THE L?rr,: ? 'f,'i . 4 3 MELISSA ANN AUMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 01-2815 CIVIL ACTION LAW PAUL WILLIAM AUMAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, January 29, 2007 , 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 _ _Wednesday, February 28, 2007 _ at 12:00 PM for aiPre-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. 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 T. 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 ov y Y x? ? a ? Ip. ?? 0C a?''r L007 MELISSA AUMAN, Plaintiff/Respondent PAUL AUMAN, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-2815 Civil Action - Law In Custody RESPONDENT'S ANSWER TO PETITIONER'S EMERGENCY PETITION FOR CUSTODY AND NOW, comes, Respondent, Melissa Auman, by and through her attorney, Marylou Matas, Esquire, and the law firm of Saidis, Flower & Lindsay, and Answers Petitioner's Emergency Petition for Custody as follows: 1. Admitted. 2. Admitted in part and denied in part. It is admitted that Melissa Auman is the natural mother of the children in this case. It is admitted that Mother has a legal address of 117 North 4th Street, Lemoyne, PA. It is denied that Mother resides with her boyfriend in Liverpool, at an address unknown to Petitioner. Specific proof thereof is demanded at trial. By way of further response, Mother has continued to reside at her legal address of 117 North 4th Street, Lemoyne, PA, for a period of 7 years, and has never resided with her boyfriend in Liverpool or any other location. 3. Admitted. 4. Admitted. SAMIS, FLOWER & LINDSAY AT[t? AT IAW 26 West High Street Carlisle, PA 5. Admitted in part and denied in part. It is admitted that the child resides primarily with Mother. It is admitted that Mother's legal address is 117 North 4th Street, Lemoyne, PA. It is denied that Mother resides at an unknown location in Liverpool with a boyfriend. Specific proof thereof is demanded at trial. 6. Admitted. 7. Admitted in part and denied in part. It is admitted that the parties are the biological parents of another minor child, namely Justin David Auman. It is denied that Justin's date of birth is September 29, 1993. Rather, Justin's date of birth is September 29, 1991. It is admitted that Justin moved from Mother's home on or about November 18, 2006. 8. Denied. It is denied that Mother has never provided much nurturing or physical care for Kayllyn. Specific proof thereof is demanded at trial. 9. Denied. It is denied that Mother has encouraged and tolerated Kayllyn residing primarily with her friends, rarely being at the home of her Mother. Specific proof thereof is demanded at trial. 10. Denied. It is denied that for the past year, Kayllyn has primarily stayed at friends' homes. Specific proof thereof is demanded at trial. 11. Denied. Mother is unaware of the nature of the allegations contained in this paragraph and is not able to respond as to their truth. Specific proof is demanded at trial. 12. Denied. Mother is unaware of the nature of the allegations contained in this paragraph and is not able to respond as to their truth. Specific SAIDIS, LENDS" vmx?,truw 26 West High Street Carlisle, PA proof is demanded at trial. 13. Denied. The allegations contained in this paragraph are statements to which Mother can not respond because she does not know what the child may have reported to others. Specific proof of the allegations is demanded at trial. By way of further response, however, Mother denies that she hits Kayllyn. Mother was not aware that the child was raped or that the child made a statement that she was raped until receiving the Emergency Petition for Custody in the mail. Immediately upon receiving the Petition and reviewing the allegations, Mother took the child to the emergency room on January 30, 2007, for treatment and counseling. A copy of the emergency room discharge report is attached hereto and incorporated herein by reference as Exhibit "A." Furthermore, Mother is not aware that Father ever took the child for treatment or counseling despite the fact that he is parent who made the allegation of being aware that Kayllyn made this statement. 14. Denied. It is denied that every Friday evening, Kayllyn dresses provocatively and goes out with older boys. Specific proof thereof is demanded at trial. It is further denied that Mother would approve of this behavior. Specific proof thereof is demanded at trial. SAMIS, FLOWER & LINDSAY nno?tis.,truw 26 West High Street Carlisle, PA 15. Admitted. 16. Admitted in part and denied in part. It is admitted that Kayllyn's father and step-mother met with the principal and counselor. Mother denies that that the school personnel are "very concerned" about Kayllyn's poor performance in school and behavior in school with other children and school personnel. Specific proof thereof is demanded at trial. By way of further response, Mother also met with school personnel, as she has in the past at parent/teacher conferences. Mother and the school are monitoring the child's progress and behavior. 17. Denied. It is denied that the child has been alone in the Mother's legal residence for approximately two weeks, since on or about January 6, 2007, when it is alleged that Mother moved to her boyfriend's residence in Liverpool, PA. Specific proof thereof is demanded at trial. By way of further response, Mother believes that Father believes Mother does not or did not reside at her "legal address" for a period of time when he did not see her vehicle in the driveway. Mother wrecked her vehicle on January 9, 2007 and took it to the garage, where it stayed until approximately January 31, 2007. Therefore, for those three weeks, Mother had no vehicle and to anyone driving by without asking, it may appear that no one was at home. A copy of the insurance statement is attached hereto and incorporated herein by reference as Exhibit "B." A copy of the garage receipt is attached hereto and incorporated herein by reference as Exhibit "C." 18. Denied. Mother is unaware of the nature of the allegations contained in this paragraph and is not able to respond as to their truth. Specific proof is demanded at trial. By way of further response, Mother has not been contacted by Children and Youth Services with regard to her care and parenting of her daughter. Further, she has not left her child alone for any length of time, as both Mother and daughter reside together in the same residence at 117 North 4th Street, Lemoyne, PA. 19. Denied. Mother is unaware of the nature of the allegations contained in this paragraph and is not able to respond as to their truth. Specific SAMIS, FLOWER & LINDSAY ATIMIEVS.AT LAW 26 West High Street Carlisle, PA proof is demanded at trial. 20. The allegations in this paragraph are statement to which no response is required. However, to the extent a response is required, the child is not moving between friends' homes as she resides with her Mother on a continuing and ongoing basis in stable residence, and is not left alone. Therefore, Father's fears should be alleviated. 21. The allegations in this paragraph are statement to which no response is required. 22. Admitted in part and denied in part. It is admitted that Father has attempted to sway the child to reside with him primarily for some time. It is admitted that the child does not want to do so. It is denied that the child does not want to live with her Father because of the "new- found independence" at her Mother's residence. Specific proof thereof is demanded at trial. 23. The allegations in this paragraph are statement to which no response is required WHEREFORE, Respondent requests your Honorable Court to deny Petitioner's request that he be awarded shared legal and primary physical custody of the minor child, Kayllyn Auman. Respectfully submitted, SAIDIS, FLOWER & LINDSAY A f Ma atas, uire Attorn d.84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: Counsel for Plaintiff FLOWER & LINDSAY A7'IO MYS•Ai uw 26 West High Street Carlisle, PA FFB 15 2007 15.00 FR CITIZENS MFCN GIANT 717 795 7657 Tn 92436496 VERIFICATION I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4944, relating to unsworn falsification to authorities- Date eliss Aum CGOH ED 657-7295 Harrisburg ED 782-5257 Please note that the instructions circled or checked bel9w pertain to, you. ^1 You have been discharged with the diagnosis The examination and treatment you have received in themergency Department have been rendered on an emergency basis, and not intended to be a substitute for ongoing care provided by a primary care physician or specialist. It is important for you to follow up with your physician and to return to the Emergency Department if you become worse in any way. General Instructions Rest for Off work / school from- Return to work on Light duty for Regular duty Supplemental Instruction Sheet ? Yes ? Medication(s) ? Miscellaneous lar : 1 Return to the Emergency Department immediately if unexpectedly worse or not improved. ? Caution 2. Emergency Department on 3. Family Phy icianQ-- ?-, Qd G ?`TO,n.?C7r27?a ) • at AM/ PM. I 5. Call the following clinic within one business day for an appointment to be seen in day(s): -Hamilton Health Center, 1821 Fulton Street 232-9971 -Community Health Center -Adult Outpatient, 4th FI 782-6421 _ Children & Teen Center, 2nd FI 782-4650 _ Orthopedic Clinic, 4th Fl 782-2142 Surgical Clinic, 4th FI 782-6421 ?- - Women's Outpatient Health Center, 3rd FI 782-4700 _ Kline Family Practice Center, Landis Bldg. 2nd Fl 782-2100 6. If you smoke you are advised to stop. Please call 717-221-6250 or access www.oinnaclehealth.oro for more information on smoking cessation. X-Ray Instructions Radiology Studies - Including plain a X-rays, CT/MRI Scans and Ultrasounds. Your Radiology Studies have been reviewed by an Emergency Physician, Physician's Assistant or Radiologist. Afinal Radiologist's interpretation will be reported and you or your doctor will be notified of any abnormalities which require follow-up. PINNACLEHEALTH Hospitals Emergency Department Patient Instruction Sheet - Medications may cause drowsiness. - No alcoholic beverages. - Do not drive, operate machines, or perform risk taking activities. I hereby acknowledge receipt of these instructions, that I have had emergency treatment only, and that I may be released before all my medical problems are known or treated. I will arrange for fol w-up care as I have been instr X Sig•}naature of Patient or Responsible Person ate R.N. Signatur` Physi I Sig ature --- - - - - - - - - - - - - - - - PINNACLEHEALTH I Hospitals I Emergency Department Harrisburg - 782-5257 CGO P.O. Box 8700 Harrisburg, PA 17105-8700 \\\ 1 L)o Su/itution Permissible Date I IN ORDER FOR A BRAND NAME PRODUCT TO BE DISPENSED, THE PRESCRIBER MUST 1 WRITE "BRAND NECESSARY" OR "BRAND MEDICALLY NECESSARY" IN THIS SPACE MAY REFILL TIMES PA Lic # DEA PRINT PHYSICIAN NAME LABEL ALL PRESCRIPTIONS to MR:193741820 CASE: 270190011 HUMAN,KAYLLYN F DATE: 01130/07 DOB- 10/1211993 Ph#: 717 761-1304 AGE: 13 ED2507 SSN:193741820 Form INV 29001 MR DR. ^^^•' "' (11106) First coov -Patient Reennri rnnv . w°.+L-°i P.-A- . „.-^ - MELLSSA AUMAN 117 NORTH 4TH STREET LEMOYNE PA 17043-1606 Insurer: ERIE INSURANCE EXCHANGE Policy No.: Q04 3013983 Claim No.: 010170900555 Date of Loss: 01-09-2007 Check No.: 21965310 i CMS No.: U965310 Check Amt.: $1,897.08 For: PAYMENT OF DAMAGE TO 03 CHEV CAVALIER PROPERTY DAMAGE LIABILITY ENCL: EST, MAT29 Erie Insurance offers home, auto, business and life insurance. Call your local ERIE Agent to learn what is available in your area. =nnn+^"on 14-1278 m BODYWERKS, R. MYERS, Pro r-1 QUALITY AUTO BODY REPAIR 775 OLD TRAIL RD., ETTERS, PA 17319 717-938-2724 • FAX 717-938-8354 VISUAL DAMAGE QUOTATION NAME Q C H L f?l DATE 'bJ STREET j" S CITY_ Y Cy (? t E ~-? STAT ZIP CODE Ll PHONE (H) J i?-{ I ?)J q PHONE (W) f `:1 5? FAX # MAKE-MODEL-YEAR LICENSE NO. COLOR SERIAL NO. MILEAGE it P- REPAIR REPLACE PARTS NECESSARY AND ESTIMATE OF LABOR REQUIRED PARTS AND MATERIAL LABOR REFINISH LABOR I w V SUBLET This estimate is based upon initial inspection and will not cover any additional costs for parts or labor after the work has been opened TOTAL PARTS up. Quotations on parts and labor are current and subject to change. The customer gives authorization for repairs upon signature below. TOTAL LABOR Signed Date SUB TOTAL B d k C lli i R i W o ywer s o s on epa r arranty Bodywerks agrees to perlorm repairs which serve to restore the damaged vehicle to it's preloss conditio SALES TAX a earance Bod werks further a rees to warrant workm hi i l di f i f fi i hi d pp . y g ans p, nc ng re or a per n u n s ng, o o date of completion of repair. TOWING (THERE WILL BE A $30 00 FEE FOR ANY RETURNED CHECKS ) . . TOTAL C C3?1 CD D MELISSA ANN ADMAN, PLAINTIFF/RESPONDENT vs. PAUL WILLIAM ADMAN, DEFENDANT/PETITIONER : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA NO.01-2815 CIVIL TERM CIVIL ACTION -LAW ACTION IN CUSTODY PRAECIPE FOR WITHDRAWAL OF COMPLAINT AND NOW, comes the Defendant/Petitioner, PAUL WILLIAM ADMAN, by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and requests to withdraw the Petition For Custody Modification in the above matter Without Prejudice. Dated: February 13, 2007 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Susan Kay Candi o Esqi Counsel for Plai i PA I.D. # 64998 4010 Glenfinnan Place Mechanicsburg PA 17055 (717) 724-2278 c rri 973 r' cs rte` 7 { rn 0 MELISSA ANN ADMAN, PLAINTIFF/RESPONDENT vs. PAUL WILLIAM AUMAN, DEFENDANT/PETITIONER : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO.01-2815 CIVIL TERM CIVIL ACTION -LAW ACTION IN CUSTODY PRAECIPE FOR WITHDRAWAL OF COMPLAINT AND NOW, comes the Defendant/Petitioner, PAUL WILLIAM ADMAN, by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and requests to withdraw the Petition For Emergency Relief in the above matter Without Prejudice. Dated: February 13, 2007 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Susan Kay Can ' o; Esgt Counsel for P ainti PA I.D. # b4 8 4010 Gle lace Mechanicsburg PA 17055 (717) 724-2278 C7 ?' C ° r rn l_. ? D MELISSA AUMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. 01-2815 PAUL AUMAN, : Civil Action - Law Defendant : In Custody STIPULATION AND AGREEMENT FOR CUSTODY THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between MELISSA AUMAN (hereinafter referred to as "Mother") and PAUL AUMAN (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of the following two (2) minor children: Kayllyn Richelle Auman (born October 12, 1993); and Justin David Auman (born September 29, 1991); WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their children; N IOW THEREF ORE, in consideration of the mutual covenants, Pr of-nises and agreements as herein set forth, the parties stipulate and agree as follows: 1. Mother and Father shall have shared legal custody of the children. 2. Father shall have primary physical custody of the parties' son. 3. Mother shall have periods of partial physical custody of the parties' son on alternating weekends from Friday after school through Sunday at 7:00 p.m. 4. Mother shall have primary physical custody of the parties' daughter. 5. Father shall have periods of partial physical custody of the parties' daughter from Friday after, school until Sunday at 7:00 p.m. 6. Each parent shall be responsible for transportation for their own periods of custody. 7. The parties shall alternate custody of the Children for the entire Christmas break with Father exercising custody for the Christmas break in 2007 and all odd numbered years and Mother exercising custody for 2008 and all even numbered years. 8. The parties shall share custody of the children on all other holidays as agreed. 9. Each party shall provide the other party with a current address and telephone number at all times. 10. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the children and shall further take any necessary steps to ensure that the health and well-being of the children is protected. During such illness or medical emergency, both parties shall have the right to visit the children as often as he or she desires consistent with the proper medical care of the children. 11. Neither parent shall do anything which may estrange the children from the other party, injure the opinion of the children as to the other party, or which may hamper the free and natural development of the children's love and affection for the other party. 12. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 13. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor children. 14. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 15. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: COMMONWEALT OF PENNSYLVANIA: ?I : SS COUNTY OF D=c1Clr On this VT" day of ? =? - r--- , 2007, before me, the undersigned officer, personally appeared ME-HSSA HUMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. r 310 iN't G --AL &Y?-t jal' tart' P?jfilic OMIv7C1N11UEALT14 OF PENNSYLVANIA Notarial Seal a Jennifer A. Burns, Notary Public COMMONWEALT OF PENNSYLVANIA: kechanicsburg Boro, Cumberland County : SS My Commission Expires Nov. 9, 2008 COUNTY OF oennsylvania Association of Notaries On this day of ` 2007, before me, the undersigned officer, personally appeared UL AUMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. oaryPu COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jennifer A. Bums, Notary Public echanicsburg Boro, Cumberland County My Commission Expires Nov. 9, 2008 Member; Pennsylvania Association of Notaries YIYt 06 20W? MELISSA ANN ADMAN Plaintiff VS. PAUL WILLIAM AUMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2815 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 26th day of February, 2007, the conciliator, being advised by plaintiff s counsel that all custody issues have been resolved by agreement between the parties, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for February 28, 2007, is cancelled. FOR THE COURT, Dawn . unday, Esquire Custody Conciliator 8f :C GIlj c_ I[OOZ A i'?'Ivf,. f : 3141 JO 30H.-'O--MIld MELISSA AUMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. 01-2815 PAUL AUMAN, : Civil Action - Law Defendant : In Custody AMENDMENT TO STIPULATION AND AGREEMENT FOR CUSTODY 1. Pursuant to Local Rule 208.3(a), the Custody Stipulation and Agreement is hereby amended to include the following: a. Judge Edgar B. Bayley has previously signed a custody Order, dated June 20, 2001, awarding legal and physical custody to the parties. SAMIS, LINDS" 26 West High Street Carlisle, PA Dated: :3/0/0-7- Respectfully submitted, SAIDIS, FLOWER & LI DSAY 4 aL Marylou tas, Esq 're Attorney .84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff N C (TT.???T+7? -P .J,... ° x{ . 4 CJ? -OM yp y r-) r SAIDIS, FLOWER & LINDSAY ATIO 4M-AMAW 26 West High Street Carlisle, PA MAR 07 ZV ?p ? MELISSA AUMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. 01-2815 PAUL AUMAN, : Civil Action - Law Defendant : In Custody ORDER OF COURT AND NOW, this -2A day of "49n'. , 2007, the attached Stipulation and Agreement for Custody is hereby made an Order of Court. cc: rylou Matas, Esquire Attorney for Plaintiff /ul W. Auman 1853 Holly Drive Camp Hill, PA 17011 A r- LIJ -t U - ° L. y {{ i N MELISSA AUMAN, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA : No. 01-2815 PAUL AUMAN, :Civil Action - Law Defendant : In Custody STIPULATION AND AGREEMENT FOR CUSTODY THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between MELISSA AUMAN (hereinafter referred to as "Mother") and PAUL AUMAN (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of the following two (2) minor children: Kayllyn Richelle Auman (born October 12, 1993); and Justin David Auman (born September 29, 1991); WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their children; NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as herein set forth, the parties stipulate and agree as follows. 1. Mother and Father shall have shared legal custody. 2. Father shall have primary physical custody of the parties' daughter. 3. Mother shall have periods of partial custody of the parties' daughter on alternating weekends from Friday after school through Sunday at 7 PM. 4. Mother shall have primary physical custody of the parties' son. 5. Father shall have periods of partial custody of the parties' son on alternating weekends from Friday after school through Sunday at 7 PM. 6. The parties shall alternate custody of the Children for the entire Christmas break with Father exercising custody in all odd numbered years and Mother exercising custody in all even numbered years. 7. The parties shall share custody of the Children on all other holidays as agreed. 8. Each party shall provide the other party with a current address and telephone number at all times. 9. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the Children and shall further take any necessary steps to ensure that the health and well-being of the Children is protected. During such illness or medical emergency, both parties shall have the right to visit the Children as often as he or she desires consistent with the proper medical care of the Children. 10. Neither parent shall do anything which may estrange the Children from the other party, injure the opinion of the Children as to the other party, or which may hamper the free and natural development of the children's love and affection for the other party. 11. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 12. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact have jurisdiction over the issue of custody of the parties' minor children. 13. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 14. The parties acknowledge that they have read and understood)te provisions of this Agreement. Each party acknowledges that the Agreement is fair any duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to b legally bou their hands and seals the day and year hereinafter mentio ed. S elissa Au ul Auman and that it is not a result of the termA hereof, set forth COMMONWEALTH OF PENNSYLVANIA COUNTY OF ECARD?'? :SS On this 7th day of May 2009, before me, the undersigned officer, personally appeared MELISSA AUMAN, known to me (or satisfactorily proven) to be the person whole name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. On this 7th day of May 2009, before me, the undersigned officer, personally appeared PAUL AUMAN, known to me (or satisfactorily proven) to be the person whole name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. I WITNESST WHEREOF, I hereunto set my hand and official seal. N ary Pu is My commission Expires onJWW-4y (?4 as 0 NOTARIAL SEAL Jeffrey L. Snelbaker, Notary Public West Manchester Twp., York County My commission expires Januay 24, 2010 -? 't?- _ ? ? =.__ -, , ?-? x _..s t.? 4w..' i.,..,.} .h? ? i_ ."?