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Home My WebLink About01-4854 r LAW OFFICE EDWARD J. WEINTRAUB 2650.NORTH THIRD STREET HARRISBURG, PENNSYLVANIA 17110 (717) 238-2200 FAX (717) 238-9280 KENNETH AUNGST Plaintiff, * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * V8. * No. (f J ' L{ '0<-5 4 C; Ii i \ * JENNIFER AUNGST Defendant. * CIVIL ACTION - LAW * CUSTODY COMPLAINT FOR CUSTODY AND NOW, Plaintiff, Kenneth Aungst, by and through his attorney, Heather L. Harbaugh, Esquire, files a Complaint For Custody against Defendant, Jennifer Aungst, and in support thereof, avers the following: 1 . Plaintiff is Kenneth Aungst, Father, who currently resides at 4411 Packard Lane, Camp Hill, Cumberland County, PA 17011. 2. Defendant is Jennifer Aungst, Mother, who currently resides at 561 Summit Drive, Carlisle, Cumberland County, PA 17013. 3. Plaintiff seeks custody of the following children: NAME Present Address AG.E. Joshua Aungst 561 Summit Drive, Carlisle, PA 12 Michelle Aungst 561 Summit Drive, Carlisle, PA 6 4. The children were not born out of wedlock. (Michelle Aungst was born during the marriage, and Joshua Aungst was adopted by Kenneth Aungst during the marriage.) 5. The children, Joshua and Michelle Aungst, are presently in the custody of Mother, Jennifer Aungst, who currently resides at 561 Summit Drive, Carlisle, Cumberland County, PA 17013. 6. During the past five (5) years, the children, Joshua and Michelle Aungst, have resided with the following persons at the following addresses: Persons Jennifer Aungst Address 561 Summit Drive, Carlisle, PA Dates 9/2000-Present Jennifer & Kenneth Aungst 561 Summit Drive, Carlisle, PA 8/1992-9/2000 7. The Mother of the children is Jennifer Aungst, who currently resides at 561 Summit Drive, Carlisle, PA 17013. 8. The Father of the children is Kenneth Aungst, who currently resides at 4411 Packard Lane, Camp Hill, Cumberland County, PA 17011. 9. The parties are married. 10. The relationship of Plaintiff to the children is that of Father. Plaintiff currently resides with the following person: Person Relationship None. 11. The relationship of Defendant to the children is that of Mother. Defendant currently resides with the following persons: Person Relationshio Joshua Aungst Son Michelle Aungst Daughter 12. Plaintiff and Defendant have not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 13. Plaintiff and Defendant have no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 14. Plaintiff and Defendant do 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 interests and permanent welfare of the children, Joshua and Michelle Aungst, will be served by granting the relief requested, in1lll.9.!i.a, because the Plaintiff Father has been one of the children's primary caretakers. 16. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene. Name Address Basis of Claim None. WHEREFORE, Plaintiff respectfully request that this Honorable Court enter an Order granting him shared legal custody and liberal partial physical custody, with Defendant Mother to have primary physical custody. Respectfully Submitted, WEINTRAUB & ASSOCIATES Dated: 8/1'-1/01 By: t)~C<rYn Y- Heather l. Harbaugh, Esquire 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 Attorney ID # 83997 ATTORNEY FOR PLAINTIFF VERIFICATION I, Kenneth Aungst, hereby swear and affirm that the facts contained in the foregoing Complaint for Custody are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: 8(1'1 If) I , ~ ~ % \-. ~ n (~~) c' "- ~ :;:;.. -rJ i ,...,.. '- \ 0)( .,-) ~ ",-_.J..! ~ 7:1: 0,1-' 0'" ~ , r;;,-; .',(.) '" , - ~;F~ ___',_'1 Cv ~ -' ':; FC ,,,, :)l'll 2,', :,""" " -. -< ~.,-) ,0 ::c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KENNETH AUNGST PLAINTIFF V. JENNIFER AUNGST DEFENDANT it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehanicsburg, PA 17055 on Wednesday, September 19, 2001 at 9:00 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 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. 01-4854 CIVILACTIONLAW IN CUSTODY ORDRR OF COURT AND NOW, Wednesday, August 29, 2001 , upon consideration of the attached Complaint, FOR THE COURT, By: Isl Dawn S. Sund4y. Esq. It? 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~r"~ ~ $, "t'.~.., ~ )(1./,-}> ~ Y '7 ~ ~ JO./~.p ~ r ..-!f- ~ ~:N 1r:J./['-.~ A!:1"JiC," I I I I I I ! \fiNVA1ASNN:Jcl l "Innn n' ,.~, '::::"':'^ 1\1.1\ '_.1'_, ".';\,' I":'J~""I, ll"'lf"\ ...~~ ~I IV i C:8 I !'g i f; Sf/V 10 KENNETH AUNGST Plaintiff, · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA . V5. . No. 01-4854 . JENNIFER AUNGST Defendant. · CIVIL ACTION. LAW · CUSTODY CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify that on September 6, 200 I, I served a true and correct copy of the Complaint for Custody and Order of Court scheduling the Custody Conciliation Conference upon Sam Milkes, Esquire, counsel for Defendant,'by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Samuel Milkes, Esquire Jacobsen & Milkes. 52 East High Street Carlisle, P A 17013 Date: q-lro\ fi'~~~r-l Mis D. Le an ~ 0 ~ en -..... i! I'TI ,:~-T~ ~ .." I .--ofn -.J 80 ,,,2) I~ -0 ,.....J 3: g6 ~ -m '" 35 -< KENNETH AUNGST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. 01-4854 CIVIL ACTION LAW JENNIFER AUNGST, Defendant IN CUSTODY ORDER OF COURT AND NOW, this --z,..7.-- day of O~ , 2001, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon 1. The Mother, Jennifer Aungst, and the Father, Kenneth Aungst, shall have shared legal custody of Joshua Aungst, born October 8, 1988, and Michelle Aungst, born March 8, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody during alternating weekends from Friday at 6:30 p.m. through Sunday at 4:30 p.m. and every Tuesday from 6:30 p.m. until 8:30 p.m. In the event a Monday school holiday falls immediately following the Father's regular weekend period of custody, the Father shall retain custody of the Children through the Monday holiday at 4:30 p.m. 4. The parties shall share or alternate having custody of the Children on holidays as arranged by agreement. 5. Unless otherwise agreed between the parties, the party recelVlng custody shall be responsible to provide transportation for the exchange of custody. Each party shall notify the other party in the event he or she will be more than 15 minutes late for an exchange of custody. 6. The Father shall continue his course of counseling to address issues concerning the parties' separation which may affect the Father's ability to communicate and cooperate with the Mother in co- parenting the Children. The counseling shall be expanded to address issues which have arisen in the relationship between the Father and Son (or both Children) when appropriate and as recommended by the counselor. 7. Counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference within 6 months of the date of this Order to review the custody arrangements if necessary. ~ '6 ~~ \..,1.- ,_ I.J..... ~\_. 00 1 Q. O\w_ \...:J 0- w- o ~ e"l if> -:C- 0- -'\ '. ~ 6~ 0", Q~ ^'~~ tf2 "j 7., fY;',f.D '};:)o.- ,~ ~ -0 0 c-l ~ .-; '6 ',,- KENNETH AUNGST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-4854 CIVIL ACTION LAW JENNIFER AUNGST, Defendant IN CUSTODY PRIOR JUDGE: Edgar B. Bayley 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Joshua Aungst Michelle Aungst October 8, 1988 March 8,1995 Mother Mother 2. A Conciliation Conference was held on October 10, 2001, with the following individuals in attendance: The Mother, Jennifer Aungst, with her counsel, Carol J. Lindsay, Esquire, and the Father, Kenneth W. Aungst, with his counsel, Heather L. Harbaugh, Esquire. 3. The parties agreed to entry of an Order in the form as attached. {){;;/-o1xA / U, d<')n/ ,O~~ Date ' Dawn S. Sunday, Esquire Custody Conciliator SAlOIS SHUFF, FLOWER & LINDSAY ATI'ORNEVS'AT'LAW 26 W. High Street Carlisle, PA II KENNETH AUNGST, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4854 CIVIL ACTION - LAW vs. JENNIFER AUNGST, Defendant/Petitioner IN CUSTODY PETITION FOR MODIFICATION NOW COMES Jennifer Aungst, by and through her counsel, Saidis, Shuff, Flower & Lindsay, and petitions this Honorable Court as follows: 1. The parties hereto are parents of two children, JOSHUA AUNGST, born October 8, 1988, and MICHELLE Aungst, born March 8, 1995. 2. On October 22, 2001, this Honorable Court entered an Order controlling custody of the parties' children. The Order provided primary physical custody to Petitioner and partial custody to Respondent on alternating weekends and every Tuesday evening. A copy of the Court's Order is attached hereto as Exhibit "A". 3. Respondent has struggled with depression which evidences itself in violence, most notably toward the Defendant. As a result, on July 23,2001, this Honorable Court entered a Protection from Abuse Order to the No. 01-2829. On September 27, 2001, Respondent was held in contempt of the terms and conditions of the July 23, 2001, Order. 4. On or about April 29, 2005, Respondent attempted to kill himself by discharging a hand-gun into his mouth. Prior to the suicide attempt, he had been abusing alcohol. SAlOIS SHUFF, FLOWER & LINDSAY A1TORNEYS-AT-LAW 26 W. High Street Carlisle. PA II 5. On information and belief, as a result of the gun-shot wound, Respondent suffered brain damage in the nature of a lobotomy. After release from Hershey Medical Center, he was transferred to Roxbury for a rehabilitation program which lasted between ten days and two weeks. Upon information and belief, he was released from the Roxbury program with instructions to attend AA meetings and to continue in therapy. 6. Respondent has quit both AA attendance and his therapy and has begun drinking heavily once more. 7. Respondent demands that Petitioner comply with the terms of the October 22, 2001, Court Order. 8. Petitioner believes and therefore avers that it would not be in the interest of the children to resume contact with the Respondent pursuant to the Court Order, although she has ensured that the children have had an opportunity to visit with their father. WHEREFORE, Petitioner prays this Honorable Court to modify the Order of October 22, 2001. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Defendant/Petitioner By: Carol J. Li I D# 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAlOIS SHUFF, FLOWER & LINDSAY AtTORNEYS'AT-LAW 26 W. High Street Carlisle. P A II VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. c.s. 9 4904, relating to unsworn falsification to authorities. t - ~ - O~ Date ,.- OCT 3 I 2001 OCT 2 9 2001 vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW 01 -4854 KENNETH AUNGST, Plaintiff JENNIFER AUNGST, Defendant IN CUSTODY ORDER OF COURT AND NOW, this "JJ......! day of (p~ ,2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Jennifer Aungst, and the Father, Kenneth Aungst, shall have shared legal custody of Joshua Aungst, born October 8, 1988, and Michelle Aungst, born March 8, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody during alternating weekends from Friday at 6:30p.m. through Sunday at 4:30 p.m. and every Tuesday from 6:30 p.m. until 8:30 p.m. In the event a.Monday schoolholiday falls immediately following the Father's regular weekend period ofcustody, the Father shall retain custody of the Children through the Monday holiday at 4:30 p.m. 4. The parties shall share or alternate having custody of the Children on holidays as arranged by agreement. 5. Unless otherwise agreed between the parties, the party recelvmg custody shall be responsible to provide transportation for the exchange of custody. Each party shall notify the other party in the event he or she will be more than 15 minutes late for an exchange of custody. . 6. The Father shall continue his course of counseling to address issues concerning the parties' separation which may affect the Father's ability to communicate and cooperate with the Mother in co- parenting the Children. The counseling shall be expanded to address issues which have arisen in the relationship 'between the Father and Son (or both Children) when appropriate and as recommended by the counselor. 7. Counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference within 6 months of the date of this Order to review the custody arrangements if necessary. '".". 8. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 9. 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. BY THE COURT, /~I J2/t, 13. ~ I~ Edgar B. ayley, 1. cc: Carol J. Lindsay, Esquire - Counsel for Mother Heather L. Harbaugh, Esquire - Counsel for Father TRUE COPY FROM RECORD ~ n T IlStlmcny whereof. I here unto set my !;,md i\nd tile seal at said Court al Carlisle Pa . fhls II QI ~ day 01 ~~ . '.u:o/ (J..~",. (2, _.d.;. ~~ Prothonr:.tari SAlOIS iHUFF, FLOWER & LINDSAY ATIQRNEYS-AY.LAW 26 W. High Street Carlisle, PA KENNETH AUNGST, Plaintiff/Respondent vs. JENNIFER AUNGST, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4854 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE AND now, this ~ft. day of ICJi1.rf" ,2005, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, hereby certify that I served the within Petition for Modification this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Timothy J. O'Connell, Esquire Turner & O'Connell 4415 N. Front Street Harrisburg, PA 17110 SAlOIS, SHUFF, FLOWER & LINDSAY Attorneys for Defendant/Petitioner By: arol J. Li ID# 4469 26 West High Street Carlisle, PA 17013 (717) 243-6222 to ~ ~ r-> l.::~ ~ B C~";} ~:J'''' t :r~:" ::;l t'::: _,# "Tl ~~. ) f1'e:. 9v c~) -01-'-' \) \'(. ,,,\(' -- '.~:~ () - , " - () -M _:,.C-T, , r;, Z~2'FS ~ f:! <~) ~':c:':,r-n :3 -...:J .;7 :.0 w .-<; ~ T KENNETH AUNGST PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV AN[A v. 01-4854 CIVIL ACTION LAW JENNIFER AUNGST DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 08, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and lheir respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, P A 17055 on Thursday, October 13, 2005 , the conciliator, at 11 :30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure 10 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: Isl Dawn S. Sunday, Esq. Custody Conciliator :r The Court of Common Pleas of Cumberland County is required by law to comply with the Americans wilh Disabilites Acl of 1990. For infomlation about accessible facilities ,md 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 lhe scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE 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) 249-3 166 4r~"~~~~ ~ >>'6'~ ~/rJ fp $ ~~ JC7-b'p ~~p~~'n 5r?b"O . " 111\'(',,"-',.- , 1\.:.)" " '-TO SO: i Ili'! 6- ,1::iS SOal :~Hl :10 ::'=,"1':1 ~ . .M7l RECEIVED OCT 17 Z005 KENNETH AUNGST Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-4854 CIVIL ACTION LAW JENNIFER AUNGST Defendant IN CUSTODY ORDER OF COURT AND NOW, this , ~ day of ~ - ,2005, upon consideration ofthe attache~onciliation Report, it IS ordered and directed as follows: 1. The partial custody schedule established by prior Order of this Court dated October 22,2001 shall be suspended and replaced with the provisions ofthis Order pending further agreement of the parties or Order of Court. 2. The Father agrees to follow the recommendations of his physician with regard to initiating treatment with a psychiatrist/psychologist/counselor and agrees to select the appropriate professional and initiate treatment as soon as possible. 3. The Mother agrees to continue counseling for the Children with Karen Jaskot or other professional selected by the Mother. After initiating treatment under the preceding paragraph of this Order, the Father shall contact the Children's counselor to schedule an individual meeting to discuss issues concerning the relationship between the Father and the Children. Thereafter, the parties shall follow the recommendations of the Children's counselor with regard to family counseling for the purpose of addressing issues which have risen in the relationship between the Father and the Children and re-establishing contact as appropriate to serve the Children's best interests. The Father shall sign any authorizations requested by the counselor if necessary to obtain medical or mental health information concerning the Father. 4. Counsel for either party may contact the conciliator within six months of the date ofthis Order to schedule an additional custody conciliation conference, if necessary to review the custodial arrangements. ./4 BY THE COtJRT, .{/ , ,/' '~2~ ","\ ~'\'V cc:/fimothy J. a Connell, Esquire - Counsel for Father ~arol J. Lindsay, Esquire - Counsel for Mother (.1' . / '- j/ Edgar . BaYley~ - - C' - '.,.- W o ,f> v- t:~ o r2i .~ .. - ~. KENNETH AUNGST Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-4854 CIVIL ACTION LAW JENNIFER AUNGST Defendant IN CUSTODY Prior Judge: Edgar B. Bayley 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 Children who are the subjects ofthis litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Joshua Aungst Michelle Aungst October 8, 1988 March 8,1995 Mother Mother 2. A custody conciliation conference was held on October 13, 2005, with the following individuals in attendance: The Father, Kenneth Aungst, with his counsel, Timothy 1. O'Connell, Esquire, and the Mother, Jennifer Aungst, with her counsel, Carol J. Lindsay, Esquire. 3. The parties agreed to entry of an Order in the form as attached. {)UrJ/p/l /~ ~5 Date rQ~~A cJJ~. Dawn S. Sunday, Esquire r Custody Conciliator