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HomeMy WebLinkAbout07-4318KIRK KAUFMAN, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, ~~~ ,~~L v. : NO: v ~. ~3/~ CIVIL ACTION -LAW KRISTINE DIETZ, IN CUSTODY Defendant. COMPLAINT TO CONFIRM CUSTODY AND NOW, comes the Plaintiff, Kirk Kaufinan, by and through his attorneys, Mancke, Wagner, Spreha & McQuillan, and files the following Complaint to Confirm Custody: 1. Your Plaintiff, Kirk Kaufman, is an adult individual residing at 305 Ross Ave., Apt. 5, New Cumberland, York County, Pennsylvania. 2. The Defhndant, Kristine Dietz, is an adult individual residing at 66 W. Main Street, Newville, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are the natural parents of Kobe Kaufman, born January 4, 1999. 4. The child was born out of wedlock. 5. The Plaintiff is the natural father of the child, the Defendant is the natural mother of the child. 6. The Plaintiff herein was given custody of Kobe by the Cumberland County Children and Youth Services as a result of criminal charges being filed against the Defendant in the form of endangering the welfare of a child and DUI. 7. As a result of the criminal charges, the Defendant was institutionalized for a period of ninety (90) days in a drug and alcohol rehab, as a result of which Children and Youth Services vested custody of Kobe in the Plaintiff herein. 8. The aforementioned charges against the Defendant have not yet been resolved and are still pending. 9. The aforementioned incident involving the Defendant occurred June 8, 2007, as a result of which the Plaintiff has had custody since that date. 10. The child has resided with the Defendant and the Defendant's husband, Larry Burkholder, for a period of approximately three (3) years at 66 W. Main Street, Newville, Cumberland County, Pennsylvania, and for a period of two (2) years prior thereto, at an address in Carlisle, Cumberland County, Pennsylvania. 11. The Plailntiff knows of no other person asserting a right to custody or partial custody of the child. 12. Plaintiff believes and therefore avers that it is in the best interests of the child to place primary physical custody of the child in the Plalntiffherein, subject to periods of supervised visitation in the Defendant until such time that the Defendant is appropriately rehabed as a result of the aforementioned criminal charges that are pending against her. -2- WHEREFORE, Plaintiff prays this Court to grant the relief as requested. Respectfully submitted, Mancke, Wagner, Spreha & McQuillan l~t'chard Wagner, Esquire LD. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Plaintiff Date: '~ /~ ~ ~ -3- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that fare statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: 'j~ `i ~ 6 , ZC~~ ~ ~ ~~ N :.::a C +_~ ~ * ... _.,~ . t7 e ~ , ~ __ I~. / M O ~:~ I.~'Tf , C ',_. -.O ~ C.eJ `,,, p f .~ M1~ ...:`~ (. r A7 ~~. ,. { KIRK KAUFMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTINE DEITZ DF.,FENDANT • 07-4318 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, July 26, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, August 21, 2007 at 10:30 AM for aPre-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/ ac ueline M. Verne Es . 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 WI-IERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania ] 7013 Telephone (717) 249-3166 ~''' ~~~~ /' ~~ -~ ~y 0 ~"mod <~- ~ ~°- G~~~ ~ ~ ~~~ ~ ~ ~ ~ ~ ~~~ ~;i ~d1~~1~S~t~d~C~~ 9~ _~ wa ~Z 1nr taoz ~,~d.~c ~~ ~ ~o AUG 2 22007,~iY KIRK KAUFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2007-4318 CIVIL ACTION -LAW KRISTINE DEITZ, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2 3 ~' day of ~ ~,,,~ , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Kirk Kaufman, shall have sole legal custody of the child, Kobe Kaufman, born January 4, 1999. 2. Father shall have sole physical custody of the child. 3. This Order is entered pursuant to 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. Another Conciliation Conference is scheduled for Tuesday, October 23, 2007 at 8:30 a.m. c~Richard Wagner, Esquire, Counsel for Father ~ristine Deitz, pro se 66 W. Main Street Newville, PA 17241 BY THE COURT, 4 ~~ ,"4~~ tr %-. ~d~+w ~~' 1.,=';_ ~ ~~~ X13 KIRK KAUFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2007-4318 CIVIL ACTION -LAW KRISTINE DEITZ, . Defendant : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kobe Kaufman January 4, 1999 Father 2. A Conciliation Conference was held in this matter on August 21, 2007, with the following in attendance: The Father, Kirk Kaufman, with his counsel, P. Richard Wagner, Esquire. Mother, although served with notice of the conciliation conference did not appear. 3. Father requested an Order in the form as attached. Z -rC3 ~'` • V Date ac eline M. Verney, Esquire Custody Conciliator - ~ a~aaae w KIRK KAUFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V, : N0.2007-4318 CIVIL ACTION -LAW KRISTINE DEITZ, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ~~~ day of , 2008, upon consideration of the attached Custody Concil' ion Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. T , of the Cumberland County Co}~ House, on the ~ day of ~~~t,l,~iir , 2008, at 9 % 3d o'clock, f7 . M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated August 23, 2007 shall remain in full force and effect with the following modifications and additions. 3. The Mother, Kristine Deitz shall have the right to contact Fairview Elementary School and receive information regarding the child's academic well being from the child's teacher, Mrs. Cashman, the principal and guidance counselor. Mother shall also have the right to a separate parent/teacher conference. 4. Father shall provide Mother with the name of the child's current pediatrician/family doctor. Mother has the right to all medical information concerning the child. 5. Mother shall be responsible for obtaining therapeutic family counseling for herself and the child, to include Father if recommended by the counselor. The counselor is to be agreed upon by Mother and Father's attorney within 30 days of this Order. Approval of the counselor shall not be unreasonably withheld by Father and his attorney. Father shall be responsible for transporting the child to counseling appointments. Physical contact between Mother and the child outside of the therapeutic setting shall be as recommended by the counselor. Any reports generated by the ~~~~~~~ (~ '~ F~?'r"?hff~Te~~ ZQ08 JEJL. ! 4 A~ 9~ 03 GUP~~ _:.:. - r . v~. r ^~~~~~ a,.~ r ~~e~ vl'i..1~~v't~ counselor shall be provided to both Mother and Father, who shall sign all necessary releases. 6. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, -~C~. ~ ~ Kevin .Hess, J. cc~Richard Wagner, Esquire, counsel for Fa er / Kristine Deitz, pro se 66 W. Main Street Newville, PA 17241 Co~ E.s .n~ ~ 7~iu~08 ~t ao KIRK KAUFMAN, Plaintiff V. KRISTINE DEITZ, Defendant PRIOR JUDGE: Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-4318 CIVIL ACTION -LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Koby Kaufman January 4, 1999 Father 2. A Conciliation Conference was held June 26, 2008 with the following individuals in attendance: The Father, Kirk Kaufman, with his counsel, P. Richard Wagner, Esquire, and the Mother, Kristine Deitz, pro se. 3. The Honorable Kevin A. Hess previously entered an Order of Court dated August 23, 2007 providing for Father to have sole legal and physical custody. 4. Father's position on custody is as follows: Father seeks sole legal and sole physical custody. He asserts that Mother was involved with Children & Youth. He further maintains that the child does not wish to have contact with Mother. Father claims that the child was traumatized by a car accident while with Mother. Father will cooperate with therapeutic family counseling between Mother and child, but believes that Mother should only have contact with the child in a therapeutic setting. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and periods of partial physical custody. She asserts that Father is keeping the child from her. She agrees to therapeutic family counseling pending a hearing. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and modifying the current Order to provide Mother with information concerning the child's education and physician and to begin therapeutic family counseling. It is expected that the Hearing will require one day. (~ -a~ -~ ~ ,,.,~~.~ /fit, ~ _ Date Jac eline M. Verney, Esquire Custody Conciliator KIRK KAUFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW : NO. 07-4318 CIVIL KRISTINE DEITZ, Defendant IN CUSTODY ORDER AND NOW, this ~~+ ` day of September, 2008, due to a conflict in the judicial calendar, hearing in the above-captioned matter set for October 8, 2008, is continued to Friday, December 5, 2008, at 1:30 p.m. in Courtroom Number 4, Cumberland County, Pennsylvania. BY THE COURT, ~~ Kevin A. loess, J. / P. Richard Wagner, Esquire For the Plaintiff Kristine Deitz, Pro Se 66 W. Main Street Newviile, PA 17241 :rlm 4/ ~~bn~,~s~~~~~ jj{ h V 1 `~ ~i ~ ~ ~4+ VYV~ ~~z~:~4 }}-C~~~I KIRK KAUFMAN, Plaintiff V. . KRISTINE DEITZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-4318 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 5th day of December, 2008, this matter having been called for hearing, our order of August 23rd, 2007, is affirmed as the final order in this case. By the Court, " P. Richard Wa ner Es uire g ~ q For the Plaintiff ~ Kristine Deitz 66 West Main Street Newville, PA 17241 lfh ~ol~~ es m~.~ ~~. ~a~4~o8 ~ ~~ ~-- '- =~ r~ ~~ ~ 'l ` ~3 ^' ~ ~ i 4 Yr KIRK KAUFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW 07-4318 CIVIL TERM ~J KRISTINE DEITZ, Defendant KRISTINE DEITZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW KIRK KAUFMAN, Defendant 05-5756 CIVIL TERM IN RE: CASES CONSOLIDATED ORDER OF COURT AND NOW, this 14th day of October, 2009, pursuant to an agreement reached in chambers by the representative for Joanne Keeney in the person of Allison Webber, Certified Legal Intern, supervised by Thomas Place, Esquire, of the Family Law Clinic, P. Richard Wagner, Esquire, on behalf of Kirk Kaufman, and Kristine Deitz, appearing pro se, the actions at Nos. 05-5756 Civil Term and 07--4318 Civil Term are consolidated, and further filings in this matter shall be at No. 07-4318 Civil Term. P. Richard Wa ner, Es uire g 4 2233 North Front Street Harrisburg, PA 17110 For Kirk Kaufman Kristine Deitz, pro se P.O. Box 1039 Carlisle, PA 17013 ~lison Webber, Certified Legal Intern Supervised by Thomas Place, Esquire 45 N. Pitt Street Carlisle, PA 17013 For Joanne Keeney :mae ~a t'~S mac tv~<~~a~ I By the Court, fir; ~ fi:~~ `, t , i•~,~- ~" t. ~ R R ~ , Sao, C~~'` ~ ~ ,.,`~~ ~' ~. ,> ~Y~H ` l \`v .. ~~ J• w- ~ KIRK KAUFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW KRISTINE DEITZ, Defendant 07-4318 CIVIL TERM IN RE: PETITION TO INTERVENE ORDER OF COURT AND NOW, this 14th day of October, 2009, upon consideration of the Petition of Joanne Keeney to intervene, and pursuant to an agreement reached between the representative for Petitioner, Allison Webber, Certified Legal Intern, supervised by Thomas Place, Esquire, counsel for Kirk Kaufman in the person of P. Richard Wagner, Esquire, and Kristine Deitz, appearing pro se, the issue of intervention shall be resolved on the basis of a stipulated statement of facts to be presented of record to the Court within 7 days of today's date. Briefs shall be submitted by the parties on the issues which they perceive to exist with respect to intervention within 14 days of today's date. P. Richard Wa ner Es uir g q e 2233 North Front Street Harrisburg, PA 17110 F r Kirk Kaufman / Kristine Deitz ro se p P.O. Box 1039 Carlisle, PA 17013 ~/ Allison Webber, Certified Legal Intern Supervised by Thomas Place, Esquire 45 N. Pitt Street Carlisle, PA 17013 For Joanne Keeney :mae .. ~p(7 c ~ 5 h'1-~.L /~~~`/~ J By the Court, r-; ~ kf: . ~ L. ~ f'1P ~3Q~ ~~ E i ~ r'i' € ~ ~ I v~sY=~ _ ~ ~~~ _ ~ r f 1 t~~. ,,~ f ,~ ~_~ ~i '~1" KIRK KAUFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW KRISTINE DEITZ, Defendant 07-4318 CIVIL TERM IN RE: PETITION AMENDED ORDER OF COURT AND NOW, this 14th day of October, 2009, upon consideration of the petition of Joanne Keeney to intervene, and pursuant to an agreement reached between the representative for Petitioner, Allison Webber, Certified Legal Intern, supervised by Thomas Place, Esquire, counsel for Kirk Kaufman in the person of P. Richard Wagner, Esquire, and Kristine Deitz, appearing pro se, the petition is deemed amended to include an alternative ground for intervention pursuant to 23 Pa.C.S. Section 5312. ~/ P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 1'1110 For Kirk Kaufman Kristine Deitz, pro se P.O. Box 1039 Carlisle, PA 17013 Allison Webber, Certified Legal Intern Supervised by Thomas Place, Esquire 45 N. Pitt Street Carlisle, PA 17013 For Joanne Keeney ;nma-e ~.o ~ ICES I'~'1~.1 ~~ I ~o~~~~~~ ~~ By the Court, I L' i-k~ r i1 ~7Y -~.; ``; ~ ~ ... :Y, i t,~_ y J. 1. `~"' KAUFMAN, KIRK, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION-LAW IN CUSTODY DEITZ, KRISTINE, Defendant NO. 07 - 4318 CIVIL TERM CERTIFICATE OF SERVICE I, Allison Weber, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Petitioner's Brief on Standing to Intervene on plaintiff Kirk Kauffman's attorney, Richard Wagner by depositing a copy of the same in the United States first-class mail, postage prepaid addressed to Mancke, Wagner, Spreha & McQuillan, 2233 North Front Street, Harrisburg, PA 17110 and by facsimile to (717) 234-7080 on October 28, 2009. ~~~~~ Allison Weber Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax: (717)243-3639 Fl~""~i°~~;~ OF THE P~~1"~t?*~t1TARY 2009 OCR' 28 PPS ~~ ~ ? ;,, KAUFMAN, KIRK, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION-LAW IN CUSTODY DEITZ, KRISTINE, : Defendant NO. 07 - 4318 CIVIL TERM CERTIFICATE OF SERVICE I, Allison Weber, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Petitioner's Brief on Standing to Intervene on defendant Kristine Deitz by depositing a copy of the same in the United States first-class mail, postage prepaid addressed to P.O. Box 1039, Carlisle, PA 17013 on October 28, 2009. ~ i~~ Allison We er Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 FILE r'rICE ZQQ90CT 28 P~ ~~ # 7 s KIRK KAUFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION -LAW . IN CUSTODY KRISTINE DEITZ, . Defendant N0.07-4318 CIVIL TERM STIPULATION OF FACTS 1. Kobe Kaufman (hereinafter "the child") was born on January 4, 1999. 2. Father is Kirk Kaufman. 3. Mother is Kristine Deitz. 4. Mother was sixteen yeazs old when she gave birth to the child. 5. The child was born out. of wedlock. 6. Pazents were never married and have never lived together. 7. Pazents have been sepazated for the duration of the child's life. 8. Mother and the child resided with Joann Keeney (hereinafter "Grandmother") from the child's birth until June 2000. 9. During the period of January 4, 1999 to June of 2000, Grandmother bathed, fed, and cared for the child as a pazent would. 10. During the time in which Mother and the child lived with Grandmother, Grandmother financially supported the child with the assistance of the Mother. 11. The child and Mother again resided with Grandmother from September 2001 to Mazch 2002. 12. During this period of time Grandmother provided for the child in the same manner by assisting financially, feeding, bathing, and caring for the child as a parent would. 13. The total time in which Mother and the child resided with Grandmother was approximately two years. ' 14. When Mother and the child did not reside with Grandmother, Grandmother continued to have contact with the child several times per week. 15. Grandmother was a frequent babysitter for the child during this time. 16. Grandmother celebrated holidays and birthdays with the child. ' 17. Mother had primary physical custody of the child until 2007. 18. On August 23, 2007, this Court issued an order providing Father with sole legal custody of the child and sole physical custody. 19. Grandmother had limited contact with the child after this Court's August 23, ' 2007 Order. 20. The last contact Grandmother had with the child was Christmas 2007 when she arranged to have the child come to her home to celebrate the holidays. 21. Grandmother continues to try to contact the child through birthday, holiday, and thinking of you cards. ~. Date: October 21, '_ . P. R chazd Wagner Plaintiff s Attorney Mancke, Wagner, Spreha & McQuillan I.D. #23103 2233 North Front Street Harrisburg, PA 17110 Phone (717) 234-7051 Fax (717) 234-7080 1 Kristine Deitz (Defend t) Pro Se Respectfully Submitted, ~" ZC~~~- Allison eber Certified Legal Intern Counsel for Petitioner Family Law Clinic 45 North Pitt Street Cazlisle, PA 17013 Phone (717) 243-2968 Fax (717) 243-3639 G7,Gn ~ ~ V1z-., Thomas Place Supervising Attorney Counsel for Petitioner Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Phone (717) 243-2968 Fax (717) 243-3639 1 ~ ~~ ~~ ~ 'r 1~~1~ t 1~tF ,~~ ; ~ ; ZQa~ ~~ ~ ~ fi'r` E ~~ ~ u ~ul`e~y~' 'i ,~ Kirk Kaufman, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION-LAW IN CUSTODY Kristine Deitz, Defendant NO.07 - 4318 CIVIL TERM CERTIFICATE OF SERVICE I, Allison Weber, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Stipulation of Facts on Plaintiff Kirk Kaufman's attorney Richard Wagner at Mancke, Wagner, Spreha & McQuillan, 2233 North Front Street, Harrisburg, PA 17110; and on Defendant Kristine Deitz, residing at 1101 Market Street, Apartment #205, Harrisburg, PA 17103, by depositing a copy of the same in the United States first-class mail, postage prepaid on Tuesday, November 17, 2009. Allison a er Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 o~ 2MNNY i T /4! 3~ i 0 ar~~vau~nv r 1N RE: PETITION TO INTERVENE BEFORE OLER. J. ORDER OF COURT AND NOW, this 24~' day of November, 2009, upon consideration of the Petition KIRK KAUFMAN, 1N THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW KRISTINE DEITZ, Defendant N0.07-4318 CIVIL TERM of Joann Keeney to Intervene and of Defendant's Answer to Petition To Intervene, and of the Stipulation of Facts filed by the parties, the petition to intervene is granted. BY THE COURT, J./Wesley Oler P. Richard Wagner, Esq. 2233 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff Kristine Deitz P.O. Box 1039 Carlisle, PA 17013 Defendant, pro Se ,c.~~. nn.u.~.~-~t ~~, a y. ~s J. Allison Webber Certified Legal Intern Thomas Place, Esq., Supervising Attorney Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 For Joanne Keeney, Petitioner :rc FIt~:.t~~~~~iC~ rF THE Fr~~T~~~'~'OTA~Y ZQ09 ~OV 24 kM 8~ 36 Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Intervenor JoAnn Keeney a/k/a JoAnn K. Eichelberger ~~ ~ ~~ 201fl MAR -2 PM I ~ t Z C1.1~1EFtt..At'r''~.i ~U}VTV PEE)~PSYLY KIRK KAUFMAN, Plaintiff v. KRISTINE DEITZ, Defendant v. JOANN KEENEY a/k/a JOANN K. EICHELBERGER, Intervenor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.07-4318 CIVIL ACTION -LAW IN CUSTODY PETITION FOR GRANDMOTHER'S PARTIAL CUSTODY RIGHTS AND NOW, comes the Intervenor, JoAnn Keeney a/k/a JoAnn K. Eichelberger, by and through her attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and files this Petition: 1. 2. child. 3. Kaufinan. 4. This action concerns Kobe Kaufinan who was born on January 4, 1999. Plaintiff Kirk Kaufman and Defendant Kristine Deitz are the natural parents of said Intervenor is the mother of Defendant Kristine Deitz and the grandmother of Kobe The child is currently in the sole custody of Plaintiff, Kirk Kaufinan, and Intervenor has been denied any custody whatsoever. 5. Intervenor was deeply involved in the early life of the child and there is not only a relationship, but a bond, between Intervenor and the child. ,~'2'D. Od ~~ /~ eK~ z2~,r ~ j2~c. a.~ gz s'c~ 6. The Court granted Intervenor's Petition to Intervene by Order dated November 24, 2009, a copy of which is attached hereto and marked as Exhibit "A." 7. The best interest of the child include an active and ongoing relationship with his grandmother, Intervenor. 8. The Honorable J. Wesley Oler has issued Orders in this matter. 9. Jacqueline Verney, Esquire has conciliated this custody action. WHEREFORE, Intervenor requests Your Honorable Court to grant such partial custody rights as the Court deems to be in the best interest of the child. MARTSON LAW OFFICES Thomas J. Willia ,Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Intervenor .. KIRK KAUFMAN, 1N THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW KRISTINE DEITZ, Defendant NO. 07-4318 CIVIL TERM IN RE: PETITION TO INTERVENE BEFORE OLER. J. ORDER OF COURT AND NOW, this 24~' day of November, 2009, upon consideration of the Petition of Joann Keeney to Intervene and of Defendant's Answer to Petition To Intervene, and of the Stipulation of Facts filed by the parties, the petition to intervene is granted. BY THE COURT, J./Wesley Oler~j/., J. P. Richard Wagner, Esq. 2233 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff Kristine Deitz P.O. Box 1039 Carlisle, PA 17013 Defendant, pro Se ft~'U~ GQpY F~OIV~ I~~~iCJI~L1t To~stirr~ony whereof, i here unto eet my h~~ rd the r~l of acid Court n Cartlsar, P*. r~ ~ ~ Pr0lIIOt1~tIP/ EXHIBIT "A" ~ .4 Alliso ebber C ified Legal Intem omas Place, Esq., Supervising Attorney Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 For Joanne Keeney, Petitioner :rc VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 Ms. Kristine Deitz P.O. Box 1039 Carlisle, PA 17013 MARTSON LAW OFFICES ~_Yl~. Tricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 ~, Dated: February 22, 2010 KIRK KAUFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION-LAW KRISTINE DEITZ, Defendant : NO. 07-4318 CIVIL TERM "" ~ ,, . d s WITHDRAWAL AND ENTRY OF APPEARANCE ~ ~ i TO THE PROTHONOTARY OF SAID COURT: ~ ~ ~ PLEASE withdraw my appearance as attorney of record for the Petition Joann ...~ Eichelberger Keeney, at the above captioned docket. Respectfully submitted by, Dated: 2~25~10 ~ ~~~~~ Allison Weber Certified Legal Intern c _- Anne -Fox Supervising Attorney Family Law Clinic 45 N. Pitt Street Carlisle, PA 71013 717-243-2968 Fax: 717-243-3639 PLEASE enter my appearance as attorney of record on behalf of the Petitioner, Joann Eichelberger Keeney, at the above captioned docket. Respectfully submitted by: Dated: ~~~ ~ 1 v ~ J/l~,-~.~. ~ ~ Thomas liams, Esquire CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 Ms. Kristine Deitz P.O. Box 1039 Carlisle, PA 17013 Ms. Allison Weber Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 i cn na~~ nisi ~ucc~ Carlisle, PA 17013 (717) 243-3341 Dated: March 2, 2010 MARTSON LAW OFFICES ~. KIRK KAUFMAN IN THE COURT OF COMMON PLEAS OF PL;11NT[FF CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTIN DEITZ • 2007-4318 CIVIL ACT10N LAW IN CUSTODY DEFENDANT ORDER OF COURT AND NOVV, Friday, March O5, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, April O5, 2010 at 10:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resole the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ,jac ueltne M. _Verne Es . 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 he made at least 72 hours prior to any hearing or business before the court. You must attend Che scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUK ATTORNEY AT ONCE. IF YOU I)O NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTl-f 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 7 +, E ~G..~4f F -. y`~l~ '`~T,la~ ?,HST, `:~~ ~~~~ 20101~~f~ -$ Pry 2, 21 CUP~~:~ ,;~ .. ~' ~~' ~ /G~ ~~ - ~ ,r~~: mod' ~ ~~~ ~;~-< _ ~:~ JUN 15 2010 KIRK KAUFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2007-4318 CIVIL ACTION -LAW KRISTINE DEITZ, Defendant N c `„ ~ ° ' -mgr' ~ ~- ~ „ C ,_ ~ <;~ ~' JOANN KEENEY a/k/a ~ : IN CUSTODY = ~- ~ `_`: JOANN K. EICHELBERGER, ~= `~ x~ _~ ~= fa: Intervenor t ~ ~_. .. ~ ~? ~_: rri `===~ u ORDER OF COURT AND NOW, this 1~' day of ~ , 2010, upon consideration of the attached Custody Conciliati n Report, it is ordered and directed as follows: 1. The prior Order of Court dated December 5, 2008 shall remain in full force and effect. 2. Father and Grandmother shall cooperate with therapeutic family counseling between Grandmother and child with Deb Salem of Innerworks, provided the Court approves money from the child's Trust Fund be used to pay for the counseling. Otherwise, Father and Grandmother shall share in the cost of said counseling. Father shall promptly file with the Court a Petition to use the child's Trust Fund and thereafter promptly schedule the counseling. 3. This Order is entered pursuant to 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, ia/~ J. ' ner Es uire Counsel for Father cc: ichard Wag q , Kristine Deitz, pro se Cumberland County Prison 1101 Claremont Drive / Carlisle, PA 17013 Thomas J. Williams, Esquire, Counsel for Maternal Grandmother l.: G'YJ L E.S ~ry1.7.6 l~cJ~--~ Lo !? !CJ 1l KIRK KAUFMAN, Plaintiff V. KRISTINE DEITZ, Defendant V. JOANN KEENEY a/k/a : IN CUSTODY JOANN K. EICHELBERGER, Intervenor . PRIOR JUDGE: Kevin A. Hess, P. J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-4318 CIVIL ACTION -LAW 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kobe Kaufman Januazy 4, 1999 Father 2. A Conciliation Conference was held in this matter on June 14, 2010, with the following in attendance: The Father, Kirk Kaufman, with his counsel, P. Richazd Wagner, Esquire. Mother was served with notice of the conciliation conference, but is incarcerated and did not appeaz, however she did sign an affidavit relinwishing her custodial rights to the maternal grandmother. Intervenor, maternal grandmother, Joann Keeney, a/k/a Joann K. Eichelberger, appeazed with her counsel, Thomas J. Williams, Esquire. 3. The Honorable Kevin A. Hess, P.J. previously entered an Order of Court dated December 5, 2008 providing for Father to have primary physical custody. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated November 24, 2009 granting Grandmother's Petition to Intervene 4. Father and Grandmother agreed to an Order in the form as attached. ~ - t y --~o Date Y" `- V cqu ne M. Verney, Esquire Custody Conciliator ~F~CtED-OFFICE O'F'''THE pR01'NONOTARY Thomas J. Williams, Esquire 2014 OCT ~ 5 Aft 11 ~ i ! I.D. No. 17512 CUMSERI_AND COUNTY Katie J. Maxwell, Esquire pENNSYI.YANIA I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Intervenor JoAnn Keeney alk/a JoAnn K. Eichelberger KIlZK KAUFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA. v. NO. 07-4318 CIVIL ACTION -LAW KRISTINE DEITZ, Defendant v. JOANN KEENEY a/k/a JOANN K. EICHELBERGER, , Intervenor/Petitioner IN CUSTODY MOTION TO COMPEL AND NOW, comes the Petitioner, JoAnn Keeney a/k/a JoAnn K. Eichelberger, by and through her attorneys, MARTSON DEARDORFF WILLIAM5 OTTO GILROY & FALLER, and in support of her Motion to Compel, avers as follows: 1. Petitioner is Joann Keeney, an adult individual residing at 8 Bentley Place, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is Kirk Kaufman, an adult individual residing at 1344 Sconsett Way, New Cumberland County, Cumberland County, Pennsylvania. 3. Petitioner is the maternal grandmother of Kobe Kaufman. 4. Respondent is the father of Kobe Kaufman ("Child"). 5. Prior to 2008, Child lived with his mother in Petitioner's home and Petitioner acted as the primary caregiver to child. 6. The Honorable Kevin A. Hess previously entered an Order of Court dated December 5, 2008, providing the father with primary physical custody and sole legal custody. At that time, Petitioner was denied all access to Child. 7. The Honorable J. Wesley Oler, Jr., entered an Order of Court dated November 2, 2009, granting grandmother's Petition to intervene in the custody action at the above-referenced docket. 8. Petitioner and Respondent attended a custody conciliation with Custody Conciliator Jacqueline M. Verney, Esquire, on June 14, 2010. 9. Following the conciliation, the Honorable Kevin A. Hess entered an Order on June 17, 2010, requiring Petitioner and Respondent to cooperate with therapeutic family counseling between Petitioner and the Child. 10. Respondent was ordered to promptly petition the Court to use Child's trust fund to pay for the counseling, and then promptly schedule the counseling. See Order of Court attached as "Exhibit "A." 11. Respondent was further ordered to schedule a counseling session with Respondent and Child. 12. Respondent has failed and continues to fail to petition the Court for approval to use the child's trust fund to pay for counseling. 13. Respondent has failed and continues to fail to honor this Court's Order by not scheduling a counseling appointment for Petitioner and Child. 14. Petitioner has been denied all access to Child and has not had any contact with the Respondent. 15. Counsel for Respondent was contacted regarding his concurrence in this Motion, and he does not concur. WHEREFORE, Petitioner, Joann Keeney, requests this Honorable Court to set a deadline for Respondent to Petition the Court for permission to use the child's trust fund, and schedule an argument on the matter. MARTSON LAW OFFICES By: Thomas J. liams, Esqui I.D. No. 17512 Katie J. Maxwell, Esquire I.D. No. 206018 10 East High Street / Carlisle, PA 17013 Date: /8 f ~.s' f ~ a (717) 243-3341 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Motion was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 Ms. Kristine Deitz P.O. Box 1039 Carlisle, PA 17013 MARTSON LAW OFFICES B / Y M Price Ten t High Street Carlisle, PA 17013 (717) 243-3341 Dated: ~~ /S/~U s ~ ' F.\FILES\ClientsU3'~39KeeneyU3739.Lpetition2 - ~ ~ OCT 18 2010 KIRK KAUFMAN, +~ THE' COURT OF COMMON PLEAS OF P1a~ntiff/Respondent ~~JMBERLAND COUNTY, PENNSYLVANIA : a v. N 07-4318 ~1~VIL ACTION -LAW KRISTINE DEITZ, ~ _' , ~~~„ b ° Defendant ~ -' 1 ~,'~ ~ ~ ern ~ °- -+ T r "~ v. . : i ~ ~' cn r' r , "+ -~a r- ~~ ~ ~. ` z r~ o a ' JOANN KEENEY a/kia l -- , ~ p ° ~~ ~ ~ c, ~ JOANN K. EICHELBERGER, : ~ ~,~ ` A w o ~ Intervenor/Respondent USTODY ~ ~ ~ AND NOW, this / ~/ day of ~ , 2010, Plaintiff/Respondent is directed to show cause why the relief sought Petitioner's Moil~i n to Compel should not be granted. RULE returnable Z y days after sei~i~e. D' ution: ~a e J. Maxwell, Esquire ,/Richard Wagner, Esquire l~©--- -a.v ~w `~" ~ I ~,, By t e Court ~I J. .N~ w P. Richard Wagner, Esquire Attorney ID No. 23103 Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney for Plaintiff KIRK KAUFMAN, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. : NO. 07-4318 CIVIL TERM KRISTINE DEITZ, : CIVIL ACTION - LAW Defendant, : IN CUSTODY V. : JOANN KEENEY a/k/a : JOANN K. EICHELBERGER, Intervenor. ANSWER TO RULE TO SHOW CAUSE AND NOW, comes the Plaintiff/Respondent, Kirk Kaufman, by and through his attorneys, Mancke, Wagner & Spreha, and files the following Answer: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. It is admitted that the Petitioner had contact with the child but it is denied that she was the primary caregiver. 6. Admitted in part and denied in part. It is denied that the Petitioner was denied access to the child. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Respondent does not believe that the child's trust fund should be the basis for the payment of any kind of therapeutic family counseling. 13. Denied. It is denied that Respondent is not honoring the Court Order, Respondent believes that the money should be paid not out of the child's trust fund. 14. Denied. It is denied that the Petitioner has not been permitted access to the child. 15. Admitted. WHEREFORE, Respondent requests the Court to dismiss the Motion To Compel. NEW MATTER 16. Paragraphs 1 through 15 are incorporated herein by reference. 17. A trust fund was established for the child as a result of the child receiving -2- monies from an insurance company as a victim of his natural mother, Kristine Deitz's, motor vehicle accident. 18. As a result of the injuries to the child, the insurance company settled a claim with the minor child approved by the Court of Common Pleas of Cumberland County by way of Judge Ebert, which said money was promptly placed in an account for the child. 19. From the summer of 2007 to the present, the Respondent herein, natural father of the child, has been the primary caretaker of the child. 20. There has been a series of custody conciliations scheduled in this matter some of which were not attended by the natural mother nor did the Petitioner/intervenor herein even attend or ensure the attendance of her daughter, the natural mother. 21. There has been a considerable period of time that ,the Petitioner herein has not visited with the child or made any efforts to visit with the 'child and therefore the Respondent herein concurs that a therapeutic family counselor should be appointed to conduct appropriate counseling on behalf of the parties. 22. The Respondent herein concurs in the belief that a therapeutic family counselor should be involved but absolutely believes that the payment of the same should be by the Petitioner or the natural mother in that it has been their concerted effort not to have spent time since July 2007 with the child. 23. The child's trust fund should not be utilized to pay for therapeutic family -3- counseling when the alienation has not been caused by the child or the father of the child. WHEREFORE, Respondent requests the Court to grant his New Matter and direct the parties to attend therapeutic family counseling with expenses to be paid by the Petitioner. Dated: i 1, ? .10 lly submitted; P. Richard Wagner, Esquire LD.# 23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Plaintiff/Respondent -4- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA.C.S.A. §4904, relating to unsworn falsification to authorities. I Date: r' X _ C , . CERTIFICATE OF SERVICE 1, Danette L. Oakes, secretary in the law firm of Mancke, Wagner & Spreha, do hereby certify that I am this day serving a copy of the foregoing document to the following persons and in the manner indicated below, which service satisfies the requirements of Pennsylvania Rules of Appellate Procedure, by depositing the same in the United States Mail, Harrisburg, Pennsylvania, with first class, postage, prepaid, and addressed as follows: Katie J. Maxwell, Esq. 10 East High Street Carlisle, PA 17013 Ms. Kristine Deitz P.O. Box 1039 Carlisle, PA 17013 By A Dane a L. ak, Secretary Mancke, Wagn & Spreha 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorney for Plaintiff Date: November 5, 2010 FAFILFS\C1ients\13739 Keeney\13739.I.=tion.hearing FILED-OFFICE CAF THE PRCTHONOTA-Y Thomas J. Williams, Esquire 2010 DEC -3 AM II: 38 I.D. No. 17512 CUMBERLAND COUNTY Katie J. Maxwell, Esquire PENNSYLVANIA I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Intervenor JoAnn Keeney a/k/a JoAnn K. Eichelberger KIRK KAUFMAN, Plaintiff/Respondent V. KRISTINE DEITZ, Defendant V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4318 CIVIL ACTION - LAW JOANN KEENEY a/k/a JOANN K. EICHELBERGER, Intervenor/Movant : IN CUSTODY MOTION TO SCHEDULE A HEARING AND NOW, comes JoAnn Keeney a/k/a JoAnn K. Eichelberger, by and through her attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and in support of her Motion to Schedule a Hearing, avers as follows: 1. Movant is Joann Keeney, an adult individual residing at 8 Bentley Place, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is Kirk Kaufinan, an adult individual residing at 1344 Sconsett Way, New Cumberland County, Cumberland County, Pennsylvania. 3. Movant is the maternal grandmother of Kobe Kaufman. 4. Respondent is the father of Kobe Kaufman ("Child") 5. Prior to 2008, Child lived with his mother in Movant's home and Movant acted as the primary caregiver to child. 6. The Honorable Kevin A. Hess previously entered an Order of Court dated December 5, 2008, providing the father with primary physical custody and sole legal custody. At that time, Movant was denied all access to Child. 7. The Honorable J. Wesley Oler, Jr., entered an Order of Court dated November 2, 2009, granting grandmother's Petition to intervene in the custody action at the above-referenced docket. 8. Movant and Respondent attended a custody conciliation with Custody Conciliator Jacqueline M. Verney, Esquire, on June 14, 2010. 9. Following the conciliation, the Honorable Kevin A. Hess entered an Order on June 17, 2010, requiring Movant and Respondent to cooperate with therapeutic family counseling between Petitioner and the. Child. 10. Respondent was ordered to promptly petition the Court to use Child's trust fund to pay for the counseling, and then promptly schedule the counseling. See Order of Court attached as "Exhibit "A." 11. Respondent was further ordered to schedule a counseling session with Respondent and Child. 12. Respondent has failed and continues to fail to petition the Court for approval to use the child's trust fund to pay for counseling. 13. Movant filed a Motion to Compel on October 15, 2010, requesting the Court to order Respondent to schedule a counseling session with Respondent and Child. 14. The Honorable Kevin A. Hess issued a Rule to Show Cause on October 19, 2010, on why the Motion to Compel should not be granted. 15. Respondent answered the Rule to Show Cause on November 8, 2010. 16 Movant requests that this matter be scheduled for a hearing to resolve the issues addressed in her Motion to Compel. WHEREFORE, Movant, Joann Keeney, requests this Honorable Court to schedule a hearing on the matter. MARTSON LAW OFFICES By: ezz??-I-) 'It/? Thomas lliams, Esquire I.D. No. 17512 Katie J. Maxwell, Esquire I.D. No. 206018 10 East High Street Carlisle, PA 17013 Date: 2???/? (717) 243-3341 EXHIBIT "A" }- KIRK KAUFMAN, Plaintiff V. KRISTINE DEITZ, Defendant V. JOANN KEENEY a/k/a JOANN K. EICHELBERGER, Intervenor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-4318 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this _LVkday of , &.4jf-- , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated December 5, 2008 shall remain in full force and effect. 2. Father and Grandmother shall cooperate with therapeutic family counseling between Grandmother and child with Deb Salem of Innerworks, provided the Court approves money from the child's Trust Fund be used to pay for the counseling. Otherwise, Father and Grandmother shall share in the cost of said counseling. Father shall promptly file with the Court a Petition to use the child's Trust Fund and thereafter promptly schedule the counseling. 3. This Order is entered pursuant to 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, cc: P. Richard Wagner, Esquire, Counsel for Father Kristine Deitz, pro se Cumberland County Prison 1101 Claremont Drive Carlisle, PA 17013 Thomas J. Williams, Esquire, Counsel for Maternal Grandmother TRUE COPY FROM=RIMVVKP J In Testimony wther41W I her!' W *, t my h*A and the se a? sekl , ???'?• This _J CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Motion was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 Ms. Kristine Deitz P.O. Box 1039 Carlisle, PA 17013 MARTSON LAW OFFICES By M Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: H KIRK KAUFMAN, Plaintiff/Respondent V. KRISTINE DEITZ, Defendant V. JOANN KEENEY &Wa JOANN K. EICHELBERGER, Intervenor/Movant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4318 CIVIL ACTION - LAW ran : IN CUSTODY =M r- x?• ORDER OF COURT AND NOW, this ?.J day of , 2014, a hearing is scheduled for 2011 , at O V. o'clockO.m., in Courtroom No. ?. .Distribution: Katie J. Maxwell, Esquire P. Richard Wagner, Esquire LP copie% 1)14111 i3a By the Court KIRK KAUFMAN, Plaintiff vs. KRISTINE DEITZ, Defendant VS. JOANNE KEENEY A/K/A JOANN K. EICHELBERGER, Intervenor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-4318 CIVIL IN CUSTODY ORDER AND NOW, this q' day of February, 2011, hearing in the above-captioned matter set for February 11, 2011, is continued to Friday, April 15, 2011, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, Pennsylvania. ?P. Richard Wagner, Esquire For the Plaintiff ?Thomas J. Williams, Esquire For Intervenor Kristine Deitz P. O. Box 1039 Carlisle, PA 17013 BY THE COURT, Kevin Hess, J. Mw -n '-n rn rn m r'"t r-- a w _V M co? aa141 I( , < , 1-+? w M Q 7 :rlm KIRK KAUFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTINE DEITZ, Defendant - 7 r° < JOANN KEENEY a/k/a >c-) ci-n JOANN K. EICHELBERGER, - CIVIL ACTION LAW ri Intervenor NO. 2007-4318 CIVIL TERM'=: - ORDER OF COURT AND NOW, this 15th day of April, 2011, this matter having been called for hearing, that portion of our order of June 17th, 2010, providing for payment of counseling fees from the child's trust fund is vacated. Father and grandmother shall share the costs of said counseling equally without prejudice to either party to seek reimbursement from the other. The parties are directed to contact the appropriate counselor within 15 days. By the Court, Kevin Hess, P.J. P. Richard Wagner, Esquire For the Plaintiff Mate ?t Thomas J. Williams, Esquire ,j?4IQ„p For the Intervenor lfh