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Home My WebLink About97-03602 ~ \ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ '" ; ) #-,~ - ..~ ;l_.t Ft." , -. . .~ , '1 ~ ..j I't! . t--. (,)-0 ,...e" -. , ..pl" ~ ' t.' , t',', "," . ~,-' , !'ll 1'40'1 Cl ,... J ,:1 -, I I. ~:~: Iii'''''' ',' C:/j I,:': The defendant is enjoined from harassing and stalking the plaintiff and from harassing her relatives, or the minor children, The defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned by the plaintiff. A violation of this Order may subject the defendant to: i) arrest under 23 Pa,C,S, ~6113; ii) a private criminal complaint under 23 Pa,C.S, ~6113,I; iii) a charge of indirect criminal contempt under 23 Pa.C.S, ~6114, punishable by imprisonment up to six months and a fine of $100,00-$1,000,00; and iv) civil contempt under 23 Pa,C.S, ~6114,1. This Order shall remain in effect until further Order of Court and can be extended beyond its original expiration date if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff or the minor children, Temporary custody of Wesley James Kauffman is hereby awarded to the plaintiff. Wendy Mechelle Kauffman, A HEARING SHALL BE HELD ON THIS MATTER ON JULY AT -3; 3d P .!\I., IN COURTROOM NO. L OF TIlE COUNTY COURTHOUSE. CARLISLE. PENNSYLVANIA. // ~ 1997. CUMBERLAND The plaintiff may proceed without pre'payment of fees pending further order of court The Cumberland County Sherin's Department shall attempt to make service at the plaintil1's request and without pre'payment of fees, but service may be accomplished under any applicable rule of Civil Procedure This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for setvice, The Prothonotary shall not send a copy of this Order to the defendant by mail. The New Cumberland Police Department and any other appropriate police department shall be provided with a certified copy of this Order by the plaintiffs attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer, In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order, When that court is unavailable, the defendant shall be taken before the appropriate district justice, (23 Pa,C,S, ~ 61 13), Judge 'r~tr Joan Carey ~'71 u. 'l""'~ l. LEGAL SERVlCES. INC. Attorney for Plaintiff /'.j' ).J ',1 WENDY MECHELLE KAUFFMAN. PlaintitT for herself and on behalf of her minor children: ALEXIS IVETTE MACE, and WESLEY JAMES KAUFFMAN. v, CHRISTOPHER ERIC KAUFFMAN. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA : NO, 97, 3(,02- CIVIL TERM : PROTECTION FROM ABUSE AND CUSTODY NOTICE You have been sued in court, If you wish to defend against the claims set forth in the following pages. you must take action promptly after this Petition. Order and Notice are served. by appearing personally or by allorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintitT, You may lose money or property or other rights important to you, FEES AND COSTS If the case goes to hearing and the judge grants a Protection Order. a surcharge of $25,00 will be assessed against you, You may also be required to pay allorney fees to Legal Services. Inc, for their representation of the plaintilT. You should take this paper to your lawyer at once, If you do not have a lawyer or cannot atTord one. go to or telephone the office set forth below to find out where you can get legal help, COURT ADMINISTRATOR. 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE. PENNSYLVANIA 17013 TELEPHONE NUMBER (717) 240-6200 AMERICANS WITII DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to dis.lbled individuals having business before the court. please contact our office All arrangemcnts must bc made at least 72 hours prior to any hearing or business before the court. You must allcnd the scheduled conference or hcaring. WENDY MECHELLE KAUFFMAN, Plaintiff for hcrsclf and on bchalf of hcr minor childrcn: ALEXIS IVETTE MACE, and WESLEY JAMES KAUFFMAN, v, CHRISTOPHER ERIC KAUFFMAN, Dcfcndant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 97- 3"02. CIVIL TERM : PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION ORDER AND CUSTODY RELIEF UNDER TilE PROTECTION FROM ABUSE ACT, 23 Pa.C.S, ~ 6101 et seq. A, ABUSE I. Thc plaintiff, Wcndy Mcchcllc Kauffman, is an adult individual residing at 418 Gcary Avenuc, New Cumberland, Cumbcrland County, Pennsylvania 17070, 2, Thc dcfendant,Christophcr Eric Kauffman, (SSN:208,66,2255)(DOB:3/JI7I), is an adult individual rcsiding at 418 Gcary Avcnuc, New Cumberland, Cumberland County, Pcnnsylvania 17070, J, Thc defcndant is thc plaintiffs husband and the father of the partics' 15-month-old son, Wcslcy Jamcs Kauffman, 4, Sincc approximatcly Scptcmbcr 1994, the dcfendant has attcmpted to causc and has intcntionally, knowingly, or recklessly causcd bodily injury to the plaintiff, has physically abuscd thc minor childrcn, has placed the plaintitl'in reasonablc fcar of immincnt serious bodily injury, and has knowingly engaged in a coursc of conduct or repcatcdly committed acts toward thc plaintiff and thc minor childrcn which has placcd thc plaintiff and thc childrcn in rcasonablc fcar of bodily injury including, but notlimitcd to, thc following spccific instanccs ofabusc: a) On or about Junc 17, 1997, thc dcfcndant pickcd up thc plaintill's thrcc- year,old daughtcr, Alcxis Ivcllc Mace, and slappcd her on thc bUllocks with his open hand as hc scrcamcd and curscd at thc child, Thc child sustaincd rcd marks, wclts, and bruising about hcr bullocks, and was traumatizcd as a rcsult of thc incidcnt. b) On or about May 28, 1997, the defcndant shovcd thc plaintiff against the corncr ofthc wall causing thc plaintiff to hit hcr back on the corncr. c) On or about May 26, 1997, thc dcfcndant took the plaint ill's sewing machinc which shc uscs to carn income as a scamstress and thrcw it outside onto the sidewalk, brcaking it. Whcn thc plaintiff rctrieved the broken sewing machine and took it back into the house, the defendant tried to take thc sewing machine from her by jerking thc machine back and forth as the plaintifl' grasped it in her arms, and when he was unsuccessful, the defendant pushcd the plaintiff to the floor. The defendant held the plaintiff on the floor by putting his foot on her chest and pinning her there, The plaintiff sustained bruising about her anns and legs as a result of the incident. d) In or about April, 1997, when the plaintiff tried to leave the residence the defendant pushed and shoved hcr about several times, and kicked her compact disc player breaking it. The plaintin' fcared for her safety, The plaintiff sustained bruising about her arm as a result of this incident, e) In or about March 1997, the defendant repeatedly pushed the plaintiff to the floor, shoved her against furniture and walls, picked her up off of the floor, and pulled the telephone cord out of the wall when she tried to leave the residence, The plaintiff sustained bruising about her body as a result of the incident. f) In or about January 1997, the dcfcndant punched the plaintiff in the chest causing her to fall backward into a chair and lose her ability to breathe momentarily, The plaintitl" sustained redness and sorcness about her chest as a result of this incident. g) Since approximately September 1994, the defendant has abused the plaintiff in ways including. but not limited to, pushing, shoving, punching, slapping, restraining, and kicking her. The defendant has told the plaintiff as well as the parties' friends that he can hit hcr whenever he wants to and as hard as he wants; the defendant has further threatened that if the plaintiff hits him back, he will hit her again twice as hard, In addition, the defendant has been abusive to the plaintiff's daughter, Alexis Ivelle Mace. slapping and grabbing the child, cursing and yelling at her; he has also exposed the plaintitfs daughter to pornographic video movies he watches and pornographic material he leaves about the house for her to see. The defendant has thrown the parties' 15-month-old son, Wesley James Kautl"man. into his crib several times. screamed at him when he cried. and refused to allow the plaintifi' to care for the child when the child cried, Cumberland County Children and Youth Services is currently investigating these allegations of abuse against the defendant, 5, The plaintifl' believes and therefore avers that she and the minor children are in immediate and present danger of abuse from the defendant should they remain in the home without the defendant's exclusion and that they are in need of protection from such abuse, 6, The plaintiff desires that thc defendant be prohibitcd from having any direct or indirect contact with the plaintifl' or the minor children including. but not limited to, telephone and written communications, 7, The plaintiff desires that the defendant be enjoincd from harassing and stalking the plaintiff, and from harassing her relatives, and the minor children, 8, The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or sclling any property owned jointly by the parties or owned by the plaintiff. B. EXCLlISIVE POSSESSION 9. The home at 418 Geary Avenue, New Cumberland, Cumberland County, Pennsylvania, from which the plaintiff is asking the Court to cxclude the defendant is rented in the names of the parties. Wendy Mechelle Kauffman and Christopher Eric Kauffman, The residence is owned by the defendant's parents, James and Martha Kauflinan, and the defelldant pays his parents approximately $400.00 per month in rent. 10. The plaintitT currently has no place to stay with her children except the marital home, and the defendant has HUl1ily and tiiends in the area with whom he can stay. II, The plaintitT desires possession of the home so as to give the greatest degree of continuity to the lives of the children, 12, Alternatively, the plaintitT desires the defendant to provide suitable housing for her and the minor children, C. SUPPORT 13, The defendant has a duty to support the plaintitT and their minor son, Wesley James KautTman, 14, The plaintitT is in necd of financial support from thc defcndant including, but not limited to: health insurance coverage, payment of unrcimbursed mcdical expenses for the plaintitT and/or the parties' minor child, and the rent payment on thc rcsidence at 418 Geary Street, New Cumberland, Cumberland County, Pennsylvania, or rent for suitable alternate housing.. 15, The defendant is cmployed at Festival Foods, Dallastown, York County, Pennsylvania, and has annual salary of approximately $30,000, 16, The plaintiff's income, which was approximately $25,00 per week from sewing, is insufficicnt to provide for her minimal needs and that of the parties' child until such time as a support order can be obtained by filing at the Domcstic Relations Office, 17. Thc plaintiffintcnds to pctition for support within two weeks of the issuance of the Temporary Protection Order. D. LOSSES AND REIMBURSEMENT FOR COST OF CASE 18. Thc plaintitT has suficred losses as a result of abusc by the defendant. The losses are listcd on Exhibit A attachcd The plaintitT currently resides with the following persons: Name Christopher Eric KautTman Alexis Ivette Mace Wesley James KautTman Relationship her husband her daughter her son The defendant. Christopher Eric KaulTman. the father of the child. currently resides at 418 Geary Avenue. New Cumberland. Cumberland County. Pennsylvania, He is married, The defendant currently resides with the following persons: Name Wendy Mechelle KaulTman Wesley James KautTman Alexis Ivette Mace Relationship his wife his son his step,daughter 21. The plaintitT has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court, 22, The plaintitT has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction, 23, The plaintitT does not know of any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child, 24, The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to the plaintitTpending a hearing in this matter for reasons including: a} The plaintilT has provided for the emotional and physical needs of the child since his birth and is a responsible parent who can best take care of the minor child. b) The defendant has shown by his abuse of the plaintilTthat he is not an appropriate role model for the minor children, c) The defendant's behavior has adversely alTected the children, WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976,23 Pa,C,S, ~ 6101 et ~" as amended, the plaintilTprays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" I. Ordering the defendant to refrain from abusing the plaintiff or the minor children or from placing them in fear of abuse. 2, Ordering the defendant to refrain from having any direct or indirect contact with the plaintilT or the minor children including, but not limited to, telephone and written communications, 3, Ordering the defendant to refrain from harassing and stalking the plain tilT and from harassing her relatives and the minor children, 4, Prohibiting the defendant ITom entering the plaintiffs place of employment or the day care facility of the minor children, 5, Prohibiting the defendant from removing, damaging. destroying or selling property jointly owned by the parties or owned by the plaintiff exclusion of the defendant, and ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 7, Ordering the defendant to provide suitable alternate housing for the plaintiff and the minor children. 8, Granting support to the plaintiff and the parties' minor child, Wesley James Kauffman, in the amount of $200 per week payable to the plaintiff in the form of a check or money order, mailed to her residence, and ordering the defendant to provide health coverage to the plaintiff and the parties' minor child, ordering the defendant to pay all of the unreimbursed medical expenses of the plaintiff and/or minor child of the defendant to the provider or to the plaintiff when she has paid for the medical treatment and ordering the defendant to make or continue to make rent payments on the residence of the plaintiff and minor children at 418 Geary Avenue, New Cumberland, Cumberland County, Pennsylvania, 9, Granting temporary custody of the parties' minor child, Wesley James Kauffman, to the plaintiff 10, Ordering the defendant to reimburse the plaintiffs out-of-pocket losses suffered as a result of the abuse including, but not limited to, the losses listed on the attached sheet marked Exhibit A. II. Ordering the defendant to pay $250.00 to Cumberland County, one of Legal Services, (nc's funding sources, in lieu of attorneys' fees. as 6, Granting possession of the home located at 418 Geary Avenue, New Cumberland, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant pending his provision of suitable alternate housing for the plaintiff and the minor children, 7, Granting temporary custody of the parties' minor child, Wesley James Kauffman, to the plaintiff. B, Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: I, Ordering the defendant to refrain from abusing the plaintiff or the minor children or from placing them in fear of abuse, 2, Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff or her minor child, Alexis Ivelle Kauffman, including, but not limited to, telephone and written communications, 3, Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives and the minor children, 4, Prohibiting the defendant from entering the plaintiffs place of employment or the day care facility of the minor children. 5, Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintiff, 6. Granting possession of the home located at 418 Geary Avenue, New Cumberland, Cumberland County, Pennsylvania, to the plaintiff to the reimbursement for the cost of litigating this case and assessing the $25,00 surcharge and court costs to the defendant if the case goes to hearing, The plaintiff further asks that this Petition be filed and served without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that a certified copy of this Petition and Order be delivered to the New Cumberland Police Department and any other appropriate police department which has jurisdiction to enforce this Order, The plaintiff prays for such other relief as may be just and proper, COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 25, The allegations ofCountl above are incorporated herein as if fully set forth, 26, The best interest and permanent welfare of the parties' minor child will be served by confimling custody in the plaintiff as set forth in paragraph 24 of the petition, WHEREFORE, pursuant to 23 Pa,C,S, 9 5301 et ~" and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the parties' minor child, Wesley James Kauffman, to her. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, ? k'-C'-4J { oan Carey, Attorney r. LEGAL SERVICES. INC. 8 Irvine Row Carlisle, P A 17013 (717) 243,9400 >- t') ," .. " C~ j- l' ,', , L , ,. , L; , c : r J I, I l, : I.' r- : l.J J (,;": U " ~ '" t'l) .. d J , '-H" 1::1'1 ' r:l,'I:.:!lr; f.LLJULt\h I':\~-;!-: flll: 1')'Y.'-l}J"V)~: t' 1~l.l~ltllllJ'Hf<:t1.TII Ilj-' I ~<~nJ:~~YI,'.' i\N l,\: 1'1 JlHHY "1-' t'IJl11\I'::iL.\W' r:^lll.TMtdJ Wl.:uny ~l~<I'IIi:i r f" ~-:T I~ v~.; . k.\lll:FM"'d~ c:ln I '-;TI.WlIl.:H :.:,~ ll~ J'I MLllllY 1\1-: r~~: ...he'lllf .:11- LIC~lut'l ~;tll.:,r 1 if (if Cl1MBFJil.ANt1 County, f'enn.::;yl':alila, ....tlt: b":?lflg .Jill)' ~'..'orn ;~H.:curdlng to 13W. says, th~ withln PI~Clt-:l~r!IJH !'h1Itl A8U:-;j-" ....'3S served "pnn r:,\IJFI-'MAN Cllli I '-;rUI'II'" t:R le the d~?fendant, at. l';lUI:Ol,,'! HOUF.':'=:. 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