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6. The Delendant's position on custody is us lollows: Mother statcd that the Futhcr is
working and she is otherwisc uvuiluble. She proposed u schedule thut esscntially shared Wcsley
with both parents, The proposul wus difli:rent than that contained in the temporury order because
it eliminatcd some of the back and li.lrth thut is shown on thut schedulc, lIer schedule essentially
would share it evenly,
7, Need for separate counsel to represent child(ren): Neither party requested.
8, Need lor independent psychological evaluation or counseling: None requested IInd the
Conciliator does not believe any is necessary.
9, A hearing in this matter will take one.half day,
10. Othcr mailers or comments: Thc parties appeared before the Conciliator on three
different occasions. The initial conference resulted from a temporary order whereby Father was
given temporary physical custody of the child based upon some allegations conceming the
Mother's ntness, This occurred on April 9, 1998. Prior to that date. the Mother was the primary
physical custodian of the child.
The issues that were related in the initial petition related to Mother being on some type of
medication that caused her to sleep excessively. Apparently the child and the Mother's other
child were unattended lor a period of time and Children and Youth may have been involved,
During the course of the time that the Conciliator was involved. it appears that the
Mother has addressed all of these issues and has worked with Children and Youth and the other
appropriate agencies to rectify these problems.
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IN HIE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY.
PENNSYLVANIA
CHRISTOPHER E. KAUFFMAN.
Plaintiff
NO. 4857 CIVIL 1997
WENDY M, KAUFFMAN.
Defendant
CIVIL ACTION. LAW
AND NOW. this
ORDER
,}IJ day of \~
, 1998. upon receipt of the
Conciliator's Report. it appearing that the parties have agreed to the tenus and provisions of this
temporary Order which was dictated in their presence and approved by them and their counsel. it
is hereby ordered and directed as follows:
I. The parties shall share legal custody ofthcir minor child. Wesley J.
Kauffman. d.o.b, March II. 1996.
2, The parties shall follow the following custodial schedule with the child:
A, Monday. Mother
B, Monday evening. Father
C. Tuesday. Father
D. Tuesday evening. Father
E. Wednesday. Mother
F, Wednesday evening. Mother
O. Thursday. Mother
II. Thursday evening. t'ather
1. Friday. Mother
J. Friday evening. Father
K. Saturday. Mother
L. Saturday evening. Father
M, Sunday. Father
N, Sunday evening. Mother
3. The parties agree that the child shall undergo an evaluation to be
completed by Early Intervention. Mother shall provide Father with all of the
information concerning the contuct persons at Early Intervention so that Father
may be involved in the evaluation.
4. Both Mother and Father agree that they shall mect with the
representatives from Children and Youth to discuss this custodial situation.
particularly as it relatcs to the recommendations, if any. by Children and Youth
for day care, Both parties agree that they will cooperate in getting this scheduled
so that both parents are in attendance at thc time that they meet with these
representatives. if possible.
S, The parties have agreed to this temporary Order in an attempt to work
out the issues as it relates to their minor child. This Order in no way prejudices
either party's rights from raising any issues that they otherwise would raise iflhcy
cannot resolve the custodial situation with their son.
717 232 '7750
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CAMP HI: I BOROUGH POLICE ~ ';PARTMENT
COMPLAINT REPORT
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,Johnson. IJullle. Stewart & Weidner
By: Kcirstcnl.. Walsh
I.ll, No. 7H24J
JOI Markct Strcet
P,o. Box 1m
! ,clllllync, Pcnnsylvania 17043.() I ()l)
(717) 7(>1-4540
Attorneys fol' Defendant, Wendy M. Kauffman
CHRISTOPHER E. KAUFFMAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-4857 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
v.
WENDY M. KAUFFMAN,
Defendant
CUSTODY ST/PULA T/ON
Christopher E. Kauffman, Plaintiff In the above captioned action. hereinafter referred to as "Father",
and Wendy M. Kauffman, Defendant In the above captioned maller, hereinafter referred to as "Mother"
hereby agree to the following with respect to custody of the minor child, Wesley J. Kauffman, age one (1),
whose date of birth is March 11, 1996.
1, Mother and Father shall have shared physical and shared legal custody of the minor child,
Wesley J. Kauffman. For purposes of this Agreement, shared physical custody shall be an agreement
Whereby the parties are ensured of frequent and continuing contact with the minor child. Shared legal
custody shall be defined as an arrangement whereby the parties are required to consult with each other
regarding any major decisions in the minor chlld's life, including but not limited to, medical decisions,
religious decisions, educational decisions, etc.
2, The minor child's primary physical residence shall be with Mother, Father shall exerclso
partial custody of the child in accordance with the following schedule;
A. Father shall have partial custody of the minor child on alternating weekf,lnds from
Friday at 6:00 p.m. until Sunday at 6:00 p.m. Transportation shall be provided by the
parent commencing their custodial period, For example, Falher shall be required 10
provide transportation on Fridays a16:00 p.m. at the commencement of his custodial
period, and Mother shall be required to provide transportation on Sundays at 6:00
p,m, at the commencement of her custodial period.
B, Father shall have partial custody of the minor child on each and every Tuesday from
5:00 p,m. until 8:00 p.m. Father shall be required to provide all transportation in
connection with the Tuesday visits.
C. Each party shall be entitled to an uninterrupted two (2) week vacation period with the
child, which vacation period may be exercised any lime throughout the year, as long
as the minor child 1(; no! In school. These vacation periOdS may take place outside of
the Commonwealth of Pennsylvania. The parties must provide at least thirty (30)
days notice prior to exercising their two (2) week uninterrupted period of custody.
During the two (2) week vacation period, the custodial parent must ensure that the
minor child places at least two (2) completed telephone calls to the noncustodial
parent. During this time, the custodial parent must also provide the noncustodial
parent with specific information regarding the vacation destination including a phone
number if at all possible.
3. Because of the parties religious affiliation, they do not celebrate holidays and therefore. no
provision with respect to holidays is made.
4. The parties agree to promote and facilitate reasonable telephone contact between the
noncustodial parent and the child.
5. The parties agree to refrain from speaking about the noncustodial parent In a derogatory or
offensive way while in the presence of the minor child.
6. The parties agree to refrain from using drugs or alcohol to the point of intoxication while in the
presence of the minor child.
7. The parties agree that this is the minimum amount of contact to be awarded to Father, and
the parties are encouraged to expand upon this Agreement.
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Johnson, ()uflle, Stewart & Weidner
By: Keirslen W. Davidson
I.D. No. 7HNJ
J() I Market Street
P. O. Box IO'!
I.cl11oyne. Pennsylvania 1704J.OI()'!
(717) 7ClI-4540
Attomeys lor Dclcndunt
CHRISTOPHER E. KAUFFMAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-4657 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
v.
WENDY M. KAUFFMAN,
Defendant
MEMORANDUM OF LAW
I. FACTUAL BACKGROUND
The parties were married on September 24, 1994 and separated Just under three years later, on or
about June 1, ~997. During their marriage, the parties had one child, Wesley J. Kauffman, age two and a
half, whose date of birth Is March 11, 1996. Mother also has primary physical custody of her daughter from
a prior relationship, Alexis I. Mace. age five, who lived with the parties and the minor child, Wesley.
On July 2, 1997, just after the parties had separated, Mother was forced to obtain a PFA against
Father on behalf of herself and the two minor children. (Docketed to No. 97-3602 Civil Term). Pursuant 10
the terms of the PFA, all visits between Father and the minor child Wesley were suspended, and Mother
was granted exclusive possession of the marital home the parties had been renting from Husband's
parents. Two days after Mother obtained the PFA, Father's parents served Mother with an eviction notice
requiring Mothe~ and the minor children to vacate the home despite the felct that they had no alternate
housing. Father took no action to help Mother or the children, nor did he attempt to prevent his parents
tram evicting his son.
Father's parents also obtained a judgment against Mother's car and attempted to levy against it for
rent owed to them by both Mother and Father, despite the tact that with the Salvation Army's assistance
Mother was ready, willing and able to pay all rent owed. Father's parents simply refused to accept the funds
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tram the Salvation Army. Father again took no action to help Mother or the children, nor did he attempt to
prevent his parents from leaving his son without any means at transportation. Father's actions In permitting
such deplorable behavior to occur evidenced a complete lack at concern tor the welfare of the minor child
Wesley.
Despite the above, on or about November 16, 1997, Mother made a good faith ettort to begin
mending the relationship between Father and son and entered a Custody Agreement whereby the parties
would share physical and legal custody at their son, with Mother to be Wesley's primary physical custodian.
Father had partial periods of custody on alternating weekends and for three (3) hours on Tuesday
evenings.
In approximately late March of 1996, Mother was diagnosed with mononucleosis, and over a period
at several weeks, repeatedly asked Father if he would be able to take Wesley for a few extra days so that
she would have an opportunity to rest and recuperate. Mother realized that the medication she was taking
made her extremely drowsy and therefore she was unable to properly care tor and supervise the child.
Despite Mother's repeated requests tor help, Father refused. Recognizing the seriousness at the problem,
Mother also requested help from various other family members, none of whom were available to care tor the
child.
On or about April 10, 1998, Father tiled a Complaint tor Custody and a Petition tor Special Relief
seeking primary physical custody of the child after an incident occurred where the child wandered
unsupervised Into the yard and near the street while in Mother's care. Father subsequenlly obtained an
emergency ex-parte order granting him custody pending a conciliation. Mother agreed to permit the child to
reside with Father on a temporary basis pending the custody conciliation and used that time to recuperate
which ironically was ...11 she was asking tor to begin with.
At the conciliation on May 6, 1998, Mother openly admitted her mistake in allowing the child to get
outside unsupervised, despite Mother's mistake, Father was reprimanded for refusing to help Mother when
asked, thereby putting the child at risk. A Temporary Custody Order was entered granting Mother custody
. during the day and granting Father custody at night, thereby maximizing the amount of time each parent
could spend with the child, and also addres.ting Father's concerns with respect to Mothar's need for sleep
2
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while recovering from mono. The Temporary Order was entered pending a second conciliation, in order to
allow Mother to demonstrate that the above was an Isolated Incident. To date, Mother has done just that.
At the second conciliation on June 11, 1998, the custodial schedule was amended to provide both
parties with overnight custodial periods, with ttle child to alternate back and forth between Mother and
Father several times during the week.
On July 16, 1998, the parties attended a third conciliation at which time the conciliator specitlcally
acknowledged that Mother had addressed all issues that had been of concern In the past. (Attached as
Exhibit "A" is Conciliator Michael Bangs' Report.) The conciliator further commented on the reasonableness
of Mother's proposal which provides tor a shared arrangement between the parties that eliminates much of
the "back and forth" the child Is presently experiencing,
Also worthy of mention Is the following: Mother has been and continues to remain the primary
physical custodian of her daughter. the minor child's sister, Alexis; Mother does not work outside of the
home but rather has devoted herself to raising the children; Father's work schedule places high demands on
his time and availability to be with the child; the incident that occurred was an isolated one that would never
have happened had Father put aside his hostile feelings for Mother and helped her with the child when she
asked.
II. LAW AND ARGUMENT
It is clear that In matters of custOdy and visitation, the ultimate consideration of the Court is a case-
by-case determination of what is In the best interests of the child, which determination must be premised
upon consideration of "all factors which legitimately have an effect upon the child's physical, intellectual,
moral and spiritual well-being." Wiskoski v. Wiskoski, 629 A.2d 996, 998, _ Pa. Super. _ (1993).
Furthermore, when both parents are otherwise tit, one parent's role as the child's primary caretaker may be
given weight as a determinin9 factor by the Court. k!., citing Mumma v. Mumma, 550 A.2d 1341,380 Pa.
Super. 18 (1988). In light of Father's abusive behavior toward Mother and the minor child as evidenced by
the 1997 PFA, clearly the parties are not "otherwise equally tit." However, even assuming arguendo that
they are, Mother has been Wesley's very capable primary caretaker since birth as evidenced by the parties
Agreement dated November 18, 1997. With the exception ot one Isolated incident that occurred during a
3
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period of time when Mother was sick, Mother has been an excellent caretaker - to everyone's satlstactlon.
Mother not only knew she was not able to properly supervise the child when she fell III, she repeatedly
asked Father for help. Mother tried to avoid disaster by asking for help. Father's retusal evidenced a
complete disregard for Wesley's welfare. There Is no reason to Interrupt the environment that Wesley has
not only grown accustomed '0, but thrived In.
Furthermore. absent compelling reasons to the contrary, It Is the policy of this Commonwealth that
siblings should be raised together wherever possible. WW\.QSJsLll. Wlskoskl. 629 A.2d 996, 998, _ Pa.
Super. _ (1993), citing Pilon v. fIkm. 492 A.2d 59, 342 Pa. Super. 52 (1985). This factor is not diluted by
the fact that the children involved are half-brothers and sisters. . . th\!l children should be raised together in
one household, tor this permits the continuity and stability necessary tor a young child's development. !.d.
Wesley and his sister Alexis have grown up In the same household since Wesley was born. They
are only two years apart in age and enjoy each other's company tremendously. They have a healthy
brother-sister relationship. They play together, watch television together, eat their meals together, and do
everything on a daily basis that one would expect a brother and sister to do. There is no reason to disrupt
the stability of this sibling relationship.
For the toregolng reasons, it Is Mother's position that she should be granted primary phy~ical
custOdy of the mino~ child Wesley, subject to liberal partial custody rights of Father. Mother's proposal Is as
tallows: The child should remain with Mother trom Sunday evening until Thursday morning. The child
should remain with his Father from Thursday morning until Sunday evening.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
Date: November 23. 1998
By:
Kelrsten W. Davidson
:116996
4
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6, The Defendant's position on custody is as follows: Mother slaled that the Father is
working and she is otherwise available. She proposed a schedule that essentially shared Wesley
with both parents. The proposal was different than that contained in the temporary order because
it eliminated some of the back and forth that is shown on that schedule. Her schedule essentially
would share it evenly.
7. Need for separate counsel to represent child(ren): Neither party requested.
8. Need for independent psychological evaluation or counseling: None requested and the
Conciliator does not believe any is necessary.
9, A hearing in this matter will take one-half day.
10. Other matters or comments: The parties appeared before the Conciliator on three
different occasions. The initial conference resulted irom a temporary order whereby Father was
given temporary physical custody of the child based upon some allegations concerning the
Mother's fitne~s. This occurred on April 9, 1998. Prior to that date, the Mother was the primary
physical custodian of the child.
The issues that were related in the initial petition related to Mother being on some type of
medication that caused her to sleep excessively. Apparently the child and the Mother's other
child were unattended for a period of time and Children and Youth may have been involved.
During the course of the time that the Conciliator was involved, it appears that the
Mother has addressed all of these issues and has worked with Children and Youth and the other
appropriate agencies to rectify these problems.
717 232 7750
CAMP HI: ,BOROUGH POLICE ~ ~P ARTMENT
COMPLAINT REPORT
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enjoys the "game" of pulling on his diaper tabs, however Alexis was wearing underwear. It Is denied that
when the officer arrived at Mother's home he found the two children playing outside naked and found
Mother Inside asleep. By way of turther answer, the police report Indicates that the officer saw Wesley
entering the house Into which Alexis presumably had already returned. The report states that 4 year old
Alexis told the officer that her mother was "upstairs sleeping," and Implies that the children gave the officer a
tour of the house for some time prior to encountering Mother when she came downstairs. Mother avers
however, that she was awaked by Alexis telling her that there was a policeman at the door. Mother
immediately walked downstairs where she encountered the officer standing just Inside the front door and
calling her name. Mother herself then proceeded to give the police officer a tour of the home.
6. Admitted, By way of further answer, Mother was "in need of a break" tor the following
reasons. - Mother has been the primary custodial parent of her two minor children since their blrthe. It was
not until the past few months that Father even expressed a remote interest In the welfare at his son. Mother
therefore, has sole responsibility for all day-to-day activities of the children Including reviewing preschool
activities, driving to doctors appointments, giving baths, babysitting the children, entertainment, caring tor
them when they are sick, etc. The children are 2 an 4 years old, are very active and depend on Mother
nearly 24 hours. . Additionally, Father's parents have continuously and repeatedly antagonized Mother to
the point that they have endangered the welfare of the children. For example, in approximately July of 1997
when the parties separated, Mother remained in the marital home with the children after Father left. The
home was titled in Father's parents' name and Father's parents intentionally and maliciously took steps to
evict Mother and her two minor children from the home, knowing they had not yet secured other living
arrangements and despite Mother's repeated requests to remain. - Moreover, because the parties owed
Father's parents $800.00 In rent, Father's parents obtained a judgment against Mother alone In that amount
and attempted to levy against her car. Father's parents have act~d selfishly and maliciously, failing to
consider or simply tailing to care about the effect of their actions upon the minor child - their grandson. - In
addition, Father's parents contacted the Public Assistance Office and attempted to have Mother's food
stamps terminated. - Furthermore, although obligated pursuant to a Court Order to provide medical
coverage and insurance coverage 10 his wife and child, Father unilaterally removed Mother from his
insurance plan and MOlher's counsel had to lake steps to have Mother reinstated. During thai lapse period
however. Mother needed medical attention tor mononucleosis which was unavailable to her due to Father's
actions. Therefore, Father jeopardized Mother's physical health and wellbeing. - Finally, Mother is
recovering from mono and has strict doctor's orders to rest as much as possible. With two active, young
children to care tor, that sometimes becomes a difficult task. Mother does Indeed .need a temporary break"
In order to recuperate from the mono and get back on her feet.
7. Admitted In part. Denied In part. AdmlUed that Mother had an agreement drawn up
regarding custody of the parties' minor child. Denied that the agreement specified that Father would lake
the child for "at least ten (10) days," and denied that the child would be returned to Mother .when she tell
better." The proposed agreement reads as follows: "The parties desire to expand upon the minimum
amount of custodial time awarded to Father. Therefore, commencing Tuesday April 7, 1998 and continuing
tor a period no longer than ten (10) days, Father shall be entitled to exercise an uninterrupted and
continuous period of partial custody with the minor child." Denied to the extent that Father Implies Mother
went behind Father's back with the above custody proposal. To the contrary, Mother directed her attorney
that Father agreed to take the child for a tew days while she recovered. Because Father and Father's
parents had threatened to take the child away from Mother on numerous occasions In the past, Mother's
attorney advised her that the arrangement should be acknowledged In writing so as to avoid the potential tor
tuture confusion. Mother advised her attorney that the arrangement was to go Into effect that very evening,
and therefore Mother's attorney provided Mother with a copy of the agreement Immediately Intending that
Father would share it with his attorney. Father's attorney has retusedlfalled/neglected to return a single
telephone call Initiated by Mother's attorney since the Inception of this matter In approximately October 1997
(with one exception when the parties attended a support hearing In late 1997). Mother's attorney attempted
to contact Father's attorney to advise him at the situation, however that attempt went unanswered. It was
not until Tuesday, April 14, 1998 that Father's attorney communicated with Mother's attorney via telephone
regarding any aspect of this case.
8. Denied. It Is specifically denied that It would be In the child's best Interest for the child to be
in Father's custody. By way of further answer, a prime factor In the breakup of the parties' marriage was
Father's abusive behavior toward Mother and toward the minor child. In fact, Mother sought and received a
Protection From Abuse Order against Father on July ;2, 1997 after relaying Incidents of abuse directed not
only at her, but also at the minor children, which Order Is still In effect. From approximately July 2 to August
1, 1997, the minor child had DQ contact with Father. From approximately August 1 through November 1,
1997, the contact was limited to suoervlseQ visits on alternating weekends and Tuesdays. From November
1 to present, the current custody agreement with Mother Identified as the primary custodial parent was in
effect.
a. Oen/ed. It Is denied that Mother suffers from depression and Is unable to
cat'O for the child. Mother has been under extreme physical and emotional distress over the
past several months duo to the breakup of her marriage, Father's Infidelity during the
marriage, Father's parents' antagonistic behavior, and perhaps most Importantly because of
contracting mono and not having access to adequate healthcare or an opportunity to
recover. Even In light ot the above she has however, done everything possible to provide a
health environment within which the children could grow.
b. Admitted, It Is admitted that Mother Is taking the drug Pax II and has been for
approximately four (4) months. Due to the breakup of her marriage and other factors as
itemized In subpart (a) above, Mother's doctor recommended the drug. By way of further
answer, Father had been taking Prozac for at least six (6) months In order to control his
growing hostility and rage before stopping against the advice ot his doctor.
c. Admitted. By way of further answer, the tlrst time the child got outside
Mother mistakenly had not locked the front door to her new home. The second time
although Mother had locked the door to prevent the child from getting out again, the child
discovered how to unlock the door, and made his way outside despite Mother's efforts to
secure him Inside. The third time, after Mother had not only locked the door by turning the
lock on the doorknob, but also locked the door with a key lock, the child found the keys,
determined which key was the appropriate one, and let himself out.
d. Admitted In part. Oen/ed In part, It Is admitted that Cumberland County
Children & Youth was contacted In connection with the Incident on April 5, 1998. It Is denied
to the extent that Father Implies this Is Children & Youth's Initial Involvement with the parties.
In fact, Mother Initially contacted Children & Youth in connection with securing the Protection
From Abuse Order in July of 1997 and Children & Youth launched an investigation of Father
regarding the allegations of abuse, At Mother's reauest. Children & Youth has remained
involved with the family In order to ensure that Mother and the children have a continuous
support system to depend on, and make the adjustment to a life without both parents living
under the same roof.
e. Denied. It Is specifically denied that the Children & Youth caseworker stated
It would be In the child's best Interest to be with Father and that It will be "much longer than
ten (10) days before Mother will be able to care for her children properly." By way of further
answer, Mother has worked closely with Children & Youth to ensure that she Is doing
everything In her power to provide a healthy environment for the children. For example,
Mother and the children attend Headstart classes, classes at the Escape Center, early
Intervention programs, and the YWCA counseling programs. Father however, retuses to
participate In any of the C1bove. Once Mother and Children & Youth were satistled that the
minor child was In no Immediate threat of abuse trom Father, the caseworker encouraged
Mother to gradually rely upon Father for help with the child. Mother's attempt to heal the
bond between Father and the child that Father damaged by his abusive behavior, and her
request for a little help during her recovery period from mono, has been severely and grossly
contorted by Father to suggest that she Is Incapable of caring for the child properly.
f. Denied. It is specitlcally denied that Mother has "threatened" to take the
child out of Pennsylvania several times In the last few weeks.
g. Admitted. By way of further answer, for the majority of the parties' marriage
Mother did not have a job, as It was agreed that she would stay home and raise the children.
h. Admitted In part. Denied In part. It is denied that Mother has no family in
this area. To the contrary, Mother has two brothers, two sisters, grandparents, aunts,
uncles, cousins and a stepmother In this area. Admitted that Mother has family In Florida,
and Is much closer with those relatives.
9. Admitted.
10. Admitted. By way of further answer, two months after Father obtained an Order precluding
Mother from removing the child from Pennsylvania, Father entered Into an agreement conferring primary
physical custOdy upon Mother, and permitting her to take the child outside of Pennsylvania after giving
reasonable notice.
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97-4857 CIVil TERM
a,m. and 6:00 a,m. and ends between 2:00 p,m, and 3:00 p.m, Julia Myers Is a
baker for Giant Foods. She Is currently working six days a week from between 4:00
a.m, and 2:30 p.m. She usually has Mondays off. Her work schedule will be reduced
to five days a week In late December,
When the father left the marital residence on July 4, 1997, the mother obtained
a protection from abuse order against him, For about a month he had no contact
with Wesley, He then had supervised visitation until a custody order was entered on
November 18, 1997. The order provided the mother with primary physical custody of
Wesley, The father had temporary physical custody on alternate weekends from
Friday evening until Sunday evening, every Tuesday evening, and for a two week
period each summer, The father regularly exercised his periods of temporary
physical custody with Wesley.
On April 4, 1998, a next door neighbor of the mother saw a car almost hit
Wesley In front of the mother's apartment. On April 5th, the neighbor saw Wesley,
with no clothes on, trying to get Into the mother's car. Alexis was outside and she
told the neighbor that she was not allowed to wake up her mother. The neighbor
called the pollee who discovered the mother sleeping inside her apartment. On April
9th, the father IlIed a petition and was granted an emergency order of primary
physical custody pending a conciliation conference. Following a conference, the
partlel agreed to a temporary shared custody order without prejudice to either to
pursue a final order, Additional temporary orders were enterlld on June 30th and
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97-4857 CIVIL TERM
August 3rd, The last temporary order sets the following schedule for Wesley:
Monday - Mother; Monday evening - Father; Tuesday.. Father; Tuesday evening ..
Father; Wednesday - Mother; Wednesday evening - Mother; Thursday - Mother;
Thursday evening.. Father; Friday - Mother; Friday evening.. Father; Saturday -
Mother; Saturday evening.. Father; Sunday - Father; Sunday evening - Mother.
Following the April 5, 1998, incident at the mother's home, Cumberland County
Children and Youth Services engaged the Escape Center to monitor the homes of
both parents. The center Is an organization that works with parents to improve their
parenting skills. Dana Boyd performed this service until the beginning of August,
1998, and Shelly Brehm has performed it since. Boyd testified that she observed that
Wesley acted like a different child in each of the parents' homes. With the father he
was very calm and relaxed. With the mother he was more often than not crying,
whining and distraught. Boyd found the father's home to always be neat and orderly.
Generally, the mother's home was disorderly and cluttered although it was better on
announced rather than unannounced visits. Boyd testified that she believed that the
mother had medical problems that affected her energy and attention levels and
resulted in her being neglectful of her children. Brehm first visited at the mother's
home on November 9th. She found the apartment to be extremely cluttered and
dirty. The mother was disorganized, the children were disruptive, and things were
generally chaotic. On November 16th, she made another visit and found things to be
much better. She also visited the father's home on November 16th. The home was
.3.
97-4857 CIVIL TERM
out of a window on the second floor apartment and walk onto a flat roof, He then
crawled back inside the apartment. The mother testified that she has painted all of
the windows shut in her apartment, and placed locks on the door that prevent her
children from getting out. Recently, the downstairs neighbor heard the mother come
home at 4:30 a.m. At 6:30 a.m. she heard pounding on the mother's door but did not
hear any response. Julia Myers testified that she took Wesley to his mother's at 6:00
a.m. that morning on her way to work. She rang the doorbell and knocked on the
door but the mother did not answer. She had to lake Wesley to work, and call the
father to take off work and get him. The mother testified that she and her boyfriend
had slept at his home, and that she got up and came home at 4:30 a.m. because she
knew that Myers was bringing Wesley at 6:00 a.m. She fell asleep and did not hear
Myers arrive.
We must fashion an order that is in the best Interest and welfare of Wesley,
McMillen v. McMillen, 529 Pa. 198 (1992). Positive weight should be given to the
primarv care provider. Gonzale. v. Gonzale., 337 Pa. Super. 1 (1984). The father
maintains that he should be awarded primary physical custody because he can
provide better stability tor Wesley. He also wants to place him In a day care program
which he believes would be beneficial for his development. The mother believes that
she should have primary physical custody because she Clln care for Wesley as a full-
time homemaker. She opposes placing Wesley in day care when she is available to
care for him. The mother has had difficulties which have at times placed Wesley In
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97-4857 CIVil TEAM
danger, Her homemaking leaves a lot to be desired, However, there Is no doubt that
she, like the father, loves her son. She can provide good care for him, and It Is
Important to facilitate the relationship of Wesley with his sister Alexis, We do not
accept the father's position that this two-year-old child would be better off In day care
than with his mother. The care provided to Wesley by his mother Is being monitored
by the Escape Center, and hopefully she will Improve her parenting and homemaking
stills. Notwithstanding her difficulties, and considering the work schedule of the
father, we are satisfied at this point that it is in the best interest of Wesley to be with
his mother when the father is working. To that end, the following order is entered,
ORDER OF COURT
AND NOW, this ~~ day of December, 1998, IT IS ORDERED:
(1) All prior custody orders are vacated and replaced with this order.
(2) Christopher E, Kauffman and Wendy M. Kauffman shall have shared legal
custody of Wesley J, Kauffman, born March 11, 1996.
(3) Wesley shall be with his father:
(a) for two continuous weeks and for another separate week each year
with 30 days advanced notic, to the mother on both occasions;
(b) every Saturday from 3:30 p.m. until Sunday at 8:00 p.m.;
(c) from 3:30 p,m. on the afternoon of the day before the day other than
Sunday that the father Is off work until 8:00 p.m. on the day he Is off
work,
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