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HomeMy WebLinkAbout07-75564 A. JOHN KAUFMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 6-2- 7S,<6 ecuc`./ MICHELLE KAUFMAN, Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is John Kaufman, residing at 29 Parsonage Street, Newville, Cumberland County, Pennsylvania, 17741. 2. The Defendant is Michelle Kaufman, residing at 7009 Sunset Lane, Newburg, Franklin County, Pennsylvania. 3. The Plaintiff seeks custody of the following child, Christian Gabriel Kaufman, born June 27, 2006, who resides at 29 Parsonage Street, Newville, Cumberland County, Pennsylvania. 4. The child was not born out of wedlock. 5. The child is presently in the custody of Plaintiff, who resides at 29 Parsonage Street, Newville, Cumberland County, Pennsylvania. 6. During the past five years, the child has resided with the following persons and at the following addresses: ADDRESS FROM/TO NAME SAMIS, FLOWER & LINDSAY ATIOWWWAPLAW 26 West High Street Carlisle, PA John and Michelle Kaufman 150 Shippensburg Mobile Estates June 2006 to April 2007 Shippensburg, PA 17257 John and Michelle Kaufman 29 Parsonage Street April 2007 to Newville, PA 17741 November 22, 2007 John Kaufman 29 Parsonage Street Newville, PA 17741 November 22, 2007 to Present 7. The mother of the child is Michelle Kaufman, currently residing at 7009 Sunset Lane, Newburg, Franklin County, Pennsylvania. She is married. 8. The father of the child is John Kaufman, currently residing at 29 Parsonage Street, Newville, Cumberland County, Pennsylvania. He is married. 9. The relationship of the Plaintiff to the child is that of Father. The Plaintiff currently resides with the child. 10. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides with the following persons: NAME Andrew Brenize Carma Brenize Dakota Michael Bard Cheyenne Nicole Brenize RELATIONSHIP Maternal grandfather Maternal grandmother Step-sibling Step-sibling 11. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation concerning the custody of the child in this or another jurisdiction. 12. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of the Commonwealth. 13. The Plaintiff does not know of a person not a party to the proceedings who SAIDIS, FLOWER & LINDSAY nnota?YS.Kruw 26 West High Street Carlisle, PA has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff can best provide for the children's spiritual, physical and emotional welfare. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, the Plaintiff requests this Court to grant primary physical custody of the child to the Plaintiff. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Carol J. Linds uire Supreme Cop-!".ft.' o. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 Dated: r SAIDIS, FLOWER & LENDS" ,? 7W- 26 West High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing document are true and correct. I FLOWER ? LINDSAY tt> vs er uw 26 West High Street Carlisle, PA understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Date: rgrlp 1 T ._ .j . ,. . CO u 1:A (i UI r t5m JOHN KAUFMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-7556 CIVIL ACTION LAW MICHELLE KAUFMAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, December 21, 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, January 22, 2008 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ jacgueline 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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 r ' ,? ?'??''',??'? lei ?<7 `?'- t"/ t?'r tl"`NIN13- /?-1J? , Y?I it1 OS :II PIV 9033010OZ 3JIa o-03llj d JOHN KAUFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-7556 CIVIL TERM MICHELLE KAUFMAN, : IN CUSTODY Defendant PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Michelle Kaufman, in the above captioned case. Respectfully submitted, Jes ca 1st, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: JOHN KAUFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-7556 CIVIL TERM MICHELLE KAUFMAN, : IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, Michelle Kaufman, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 Date: /-11 t)k A1W-- Jels'SLITolst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 ra l_ L ; ;, JAN 2 4 2008 4 JOHN KAUFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-7556 CIVIL ACTION - LAW MICHELLE KAUFMAN, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of JQ kAjrH , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. of the Cumberland County Court House, on the day of , 2008, at Q o'clock, A. M., at which time testimony will be tak 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 following shall remain in full force and effect. 3. The Father, John Kaufman and the Mother, Michelle Kaufman, shall have shared legal custody of Christian Gabriel Kaufman, born June 27, 2006. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with 5 00n SQ Rd ? tjVr 8882 regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 4. Father shall have primary physical custody of the child. 5. Mother shall have the following periods of partial physical custody of the child: A. Every Sunday at 1:00 p.m. to Tuesday morning when Mother shall drop the child off with the day care provider. B. Every Wednesday morning when Mother shall pick up the child from the day care provider's to Thursday morning when Mother shall drop off the child with the day care provider. C. Such other times as the parties agree. 6. Transportation shall be shared such that the receiving party shall transport. 7. In the event that either party is in need of a babysitter during their period of physical custody, they shall contact the non-custodial parent and offer said time to the non-custodial parent, unless the respective grandparents are available to care for the child. 8. Each party shall have two nonconsecutive seven-day periods of physical custody of the child during the summer, provided they give the other party 30 days prior notice and a location and telephone number where the child may be reached. 9. The child shall not be in the company of known drug users or known violent persons with the exception of family events, in which case the parents shall take all precautions to minimize exposure to drug users or violent persons. 10. 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, J. c arol J. Lindsay, Esquire, counsel for Father J Ica Holst, Esquire, Mid Penn Legal Services, counsel for Mother A JOHN KAUFMAN, Plaintiff V. MICHELLE KAUFMAN, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-7556 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Christian Gabriel Kaufman June 27, 2006 Father 2. A Conciliation Conference was held January 22, 2008 with the following individuals in attendance: The Father, John Kaufman, with his counsel, Carol J. Lindsay, Esquire, and the Mother, Michelle Kaufman, with her counsel, Jessica Holst, Esquire, Mid Penn Legal Services. 3. Father's position on custody is as follows: Father seeks shared 'Legal and primary physical custody, with Mother having every Sunday overnight to Monday and every Wednesday overnight to Thursday. Father asserts that the parties separated in November, 2007 and Mother has not afforded herself all of the time with the child that Father has offered. 4. Mother's position on custody is as follows: Mother seeks shared legal and shared physical custody on a 3/4 alternating schedule. Mother maintains that she is an appropriate caregiver to the child. She alleges that Father would let her see the child so he could try to reconcile with her. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and establishing Father with primary physical custody and Mother having three overnights per week to coincide with her work schedule. It is expected that the Hearing will require one day. -Z3-0f Date acq ine M. Verney, Esquire Custody Conciliator JOHN KAUFMAN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELLE KAUFMAN, DEFENDANT NO. 07-7556 CIVIL IN RE: CUSTODY HEARING ORDER OF COURT AND NOW, this 31 st day of March, 2008, due to a conflict with this Court's schedule, the custody hearing originally set for Friday, May 30, 2008, at 9:30 a.m. is rescheduled to Monday, June 9, 2008, at 9:30 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, . ?t, --? U, M. L. Bert, Jr., J. ?Carol J. Lindsay, Esquire Attorney for Father ? Jessica Holst, Esquire Attorney for Mother bas Corsts rn?;Lc 3?3c?og rnr; 07 C) John Kaufman : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 07-7556 CIVIL Michelle Kaufman Defendant :CUSTODY STIPULATION AGREEMENT The parties hereto stipulate as follows: 1. They are the parents of Christian Gabriel Kaufman, born June 27, 2007 2. There is a hearing scheduled for June 9, 2008 at 9:30 am before the Honorable Judge Ebert. 3. The terms of the court order issued January 29, 2008 shall remain in full force and effect with the exception that the mother will receive the child at 4:00 pm every Sunday. 4. The parties agree to share time on the following holidays to ensure both parents have an opportunity to spend time with the child: New Year's Day, Easter, Memorial Day, Fourth of July, Labor Day and Thanksgiving. Father will have the child from 8:00 pm the night before the holiday until 3:00 pm the day of the holiday. Mother shall have the child from 3:00 pm the day of the holiday until 8:00 am the following day. Father will have child from 6:00 pm Christmas Eve until 3:00 pm Christmas Day. Mother will have child from 3:00 pm Christmas Day until 4:30 pm December 26. 5. The parties desire to settle all custody matters and agree that the June 9, 2008 hearing is cancelled. 6. The parties agree that this stipulation agreement shall be entered as a court order. ohn Kauglman, fCarol Lin( Attorney f A"&4w='f? Michelle ,Kauffman. De ndant Jes ff q Hoist, Esquire Attorney for Mother ;'Pn C ZL jr. r- t jr. r1? Wv -*I* ,Ift John Kaufman : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 07-7556 CIVIL Michelle Kaufman Defendant :CUSTODY ?th It is ordered on this day of , 2008, on consideration for Entry of an Agreed Order of Custody, it is hereby ORDERED and DECREED that the terms and conditions of the aforementioned stipulation are hereby entered as an order of Court. By the Court, - ?* ? M. L. Ebert, Jr. 4# r? 2c/ VINVAIASNN3d AIN Z0 :g WV G- NAr ON d ill. ?o O g o Y s L JOHN KAUFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIAg V. NO. 2007 - 7556 CIVIL ACTION ?N rn ?A o MICHELLE KAUFMAN ? Judge M. L. Ebert, Jr. Q z° Defendant In Custody Cn 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 within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. AMERICANS WITH 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 disable 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. c? qdo 7'C-# ; JOHN KAUFMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007 - 7556 CIVIL ACTION - LAW MICHELLE KAUFMAN Judge M. L. Ebert, Jr. Defendant In Custody PETITION FOR MODIFICATION OF CUSTODY 1. Your petitioner, Defendant, Michelle Kaufman, Mother, is residing at 7009 Sunset Road, Newburg, Franklin County, PA 17240. 2. The respondent, Plaintiff, John Kaufman, Father, is residing at 29 Parsonage Street, Newville, Cumberland County, PA 17241. 3. Mother seeks primary physical custody of the following children: Christian Gabriel Kaufman 29 Parsonage Street Age 4 DOB: 6-27-2006 Newville, PA 17241 Alexis Trinity Kaufman 29 Parsonage Street Age > 1 DOB: 6-22-2010 Newville PA 17241 The parties are the natural parents of these two children. The children are currently in the custody of John Kaufman, Father, who is residing at 29 Parsonage Street, Newville, Cumberland County, PA 17241. 4. The children have lived with the following persons at the following addresses since birth: John Kaufman 150 Shippensburg Mobile Estates birth to Michelle Kaufman Shippensburg, Cumberland Co. Three mos. Dakota Bard, Michelle's son Cheyenne Brenize, Michelle's d aughter Christian Michelle Kaufman 105 Meadow Drive Three mos. Dakota Bard Shippensburg, Franklin Co. Jan., 2008 Cheyenne Brenize Christian John Kaufman 29 Parsonage Street Jan, 2008 Christian Newville, Cumberland Co. June, 2010 Four nights a week Michelle Kaufman Dakota Bard Cheyenne Brenize Christian Michelle Kaufman Dakota Bard Cheyenne Brenize Christian John Kaufman Michelle Kaufman Dakota Bard Cheyenne Brenize Christian Alexis John Kaufman Christian Alexis Michelle Kaufman Dakota Bard Cheyenne Brenize Christian Alexis 105 Meadow Drive Shippensburg, Franklin Co. three nights a week 412 Meadow Drive Shippensburg, Franklin Co. three nights a week 29 Parsonage Street Newville, Cumberland Co. 29 Parsonage Street Newville four nights a week 7009 Sunset Road Newburg, Franklin Co. three nights a week Jan., 2008 June, 2010 July, 2008 June, 2010 June, 2010 Jan., 2011 Jan, 2011 present Jan. 2011 present The mother of the children of this petition is Michelle Kaufman, residing at 7009 Sunset Road, Newburg, PA 17241. The father of the children of this petition is John Kaufman, residing at 29 Parsonage Street, Newville, PA 17240. 5. The relationship of Plaintiff/respondent to the children of this petition is that of Father. 6. The relationship of Defendant/petitioner to the children of this petition is that of Mother. 7. The parties have participated as a party or witness or in another capacity in other litigation concerning one of the children of this petition in this court, which action is docketed to the above captioned action. A copy of the existing order of court related to the custody of Christian is attached hereto as Exhibit A. 8. Petitioner/Mother has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 9. Mother does not know of a person not a party to the proceedings that has physical custody of the children and claims to have custody or visitation rights with respect to the children. 10. The best interest and permanent welfare of the children will be served by granting primary physical custody of the children to Mother and partial physical custody of the children to Father. Mother is the children's primary nurturing parent. Mother also has custody of the children's two half siblings from whom the children should not be separated. When Father is with the children, he has them primarily at his parents' home, leaving them with their grandparents at times when he is not working. Both children have observed Father physically abusing Mother. 11. Mother certifies that she has never pled guilty, been convicted or pled nolo contendere to any crime in the Pennsylvania Crimes Code. She has never had any DUI or operating a vehicle while under the influence of a drug. She has not violated a court custody order. 12. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. There are no other persons know to Plaintiff who are known to have or claim a right to custody or visitation of the children. WHEREFORE, Petitioner/Defendant requests this Honorable Court grant her primary physical custody of the children Christian Gabriel Kaufman and Alexis Trinity Kaufman. Resp ully submitted Barbara B. Tow end, Esq. S.Ct.# 23174 32 West Queen Street Chambersburg, PA 17201-2121 (717)267-3244 I hereby verify that the facts set forth in the foregoing instrument are true and correct to the best of my knowledge, information and belief, and that I make this verification subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to Authority, as authorized by the Judicial Code and Pennsylvania Rules of Civil Procedure. Date: ? ?- ? _ ) ,1? JAN 2 1 2008 JOHN KAUFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-7556 CIVIL ACTION - LAW MICHELLE KAUFMAN, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of . 2008. upon consideration of the attached Custody Conciliation Repor t is ordered and dir. cted as follows: 1. A Hearing is scheduled in Cour oom No. Of tile Cumberland County C urt House, on tk? day of 2008, at 9j(0 o'clock,. M., at which time testimony wi 1 b to , I. For purposes of this 1Jearing, the Father shall be deemed to be the moving party shall proceed initially with testimony. Counsel for each party shall file with th Court and opposing counsel a Memorandum setting forth each party's position oil 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 tiled at least five days prior to the Hea:in<g, date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in full force and effect. 3. The Father,.John Kaufman and the Mother. Michelle Kaufman. shall have shared legal custody of Christian Gabriel Kaufman, born June 27, 2006. Each parent shall have an equal right, to be exercised.jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health- education and religion. Pursuant to the terms of 23 Pa.C.S. 45309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental. religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to Rill participation in all educational and medical/treatment planning meetin2s and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 4. Father shall have primary physical custody of the child. Mother shall have the following periods of partial physical custody of the child: A. Every Sunday at 1:00 p.m. to Tuesday morning when Mother shall drop the child off with the day care provider. B. Every Wednesday morning when Mother shall pick up the child from the day care provider's to Thursday morning when Mother shall drop off the child with the day care provider. C. Such other times as the parties agree. 6. Transportation shall be shared such that the receiving party shall transport. 7. In the event that either party is in need of a babysitter during their period of physical custody, they shall contact the non-custodial parent and offer said time to the non-custodial parent, unless the respective grandparents are available to care for the child. 8. Each party shall have two nonconsecutive seven-day periods of physical custody of the child during the summer, provided they give the other party 30 days prior notice and a location and telephone number where the child may be reached. 9. The child shall not be in the company of known drug users or known violent persons with the exception of family events, in which case the parents shall take all precautions to minimize exposure to drug users or violent persons. 10. 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. ,l . cc: Carol J. Lindsay, Esquire, counsel for Father .Jessica Holst, Esquire, Mid Penn Legal Services, counsel for Mother TRUE CnPy Pr-!)RD In Testimony Nvlit rcof, i h , ::.a nny hand and•t a seal J.said ou at Aisle, Pa. Y o .. This .1......... JOHN KAUFMAN, Plaintiff V. MICHELLE KAUFMAN, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-7556 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Christian Gabriel Kaufman June 27, 2006 Father 2. A Conciliation Conference was held.lanuary 22, 2008 with the following individuals in attendance: The Father, John Kaufman, with his counsel, Carol .l. Lindsay, Esquire, and the Mother, Michelle Kaufman, with her counsel, Jessica 1-lolst, Esquire, Mid Penn Legal Services. 3. Father's position on custody is as follows: Father seeks shared ;, gal and primary physical custody, with Mother having every Sunday overnight to Monday and every Wednesday overnight to Thursday. Father asserts that the parties separated in November, 2007 and Mother has not afforded herself all of the time with the child that Father has offered. 4. Mother's position on custody is as follows: Mother seeks shared legal and shared physical custody on a 3/4 alternating schedule. Mother maintains that she is an appropriate caregiver to the child. She alleges that Father would let her see the child so he could try to reconcile with her. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and establishing Father with primary physical custody and Mother having three overnights per week to coincide with her work schedule. It is expected that the Hearing will require one day. Date acq eline M. Verney, Esquire Custody Conciliator JOHN KAUFMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-7556 CIVIL ACTION LAW C- ar =_ ; rn rn m -v = -n - MICHELLE KAUFMAN r- C r ?? IN CUSTODY ? DEFENDANT - M r _C) -r? :Dm ORDER OF COURT ,JI ..< o , AND NOW, _ Wednesday, April 20, 2011 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 Friday, May 27, 2011 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association y9? _ 32 South Bedford Street w'+r? Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Townsend Law Office It0J0H - Barbara B. Townsend 32 West Queen Street ChambersburgPA 17201 '?Q!! APR 28 PM 3? (717) 267-3244 Fax: (717)267-0813 cUMBER?..faN? o?N ',, VFNNSYLV#IWA JOHN KAUFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007 - 7556 CIVIL ACTION - LAW MICHELLE KAUFMAN Defendant In Custody ACCEPTANCE OF SERVICE K NOW, this day of 2011, I, Marylou Matas, attorney for the Plaintiff above, hereby accept service of a true and attested copy of the Order of Court and Petition for Modification filed in the above cause and verify that I am authorized to do so on behalf of the Counter-Defendant. Mary u as Attorney Plaintiff Z111 JOHN KAUFMAN, Plaintiff V. MICHELLE KAUFMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-7556 CIVIL ACTION - LAW J:K IN CUSTODY n ran ? r- ORDER OF COURT Co T? C-) rCD 15`x`. AND NOW, this day of , 2011, upon consideration of the attached Custody Conc' ation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. County Court House, on the y 2011 that Cumberland !??"`-da of p o'clock, 4_. M., at which time testimony will be ken. For purposes ?of this Hearing, the Mother 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. The Order of Court of the Honorable M. L. Ebert, Jr. dated June 4, 2008 shall remain in full force and effect except as modified hereinafter. r u? N 3. The Mother, Michelle Kaufman and the Father, John Kaufman, shall have shared legal custody of Christian Gabriel Kaufman, born June 27, 2006 and Alexis Trinity Kaufman, born June 22, 2010. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school r? M - rn C) ° C) -„ C1 _n a {?1 pictures, extracurricular activities, children's parties, musical presentations, back-to- school nights, and the like. 4. The parents shall have shared physical custody of the children with Mother having the following periods of physical custody and Father having all other times of physical custody except as set forth hereinafter or as set forth in the Order of Court dated June 4, 2008 not inconsistent with this Order. A. Mother shall have physical custody every week. Week one she shall have physical custody from Tuesday at 6:45 a.m. to Friday at 4:30 p.m. The exchange location shall be H&H Chevrolet in Shippensburg, PA. During Week two she shall have physical custody from Monday at 7:00 p.m. to Friday at 4:30 p.m. Monday evening pickup shall be at Saylor's Supermarket in Newville, PA. and Friday exchanges shall be at H&H Chevrolet: in Shippensburg, PA. 5. 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, M.L. Ebert, Jr., 0-1 cc: Barbara B. Townsend, Esquire, counsel for Mother Marylou Matas, Esquire, Counsel for Father M 4ie.& (5 11 ?r ? JOHN KAUFMAN, Plaintiff V. MICHELLE KAUFMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-7556 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: M. L. Ebert, Jr., 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: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Christian Gabriel Kaufman June 27, 2006 Father Alexis Trinity Kaufman June 22, 2010 Father 2. A Conciliation Conference was held June 7, 2011 with the following individuals in attendance: The Mother, Michelle Kaufman, with her counsel, Barbara B. Townsend, Esquire, and the Father, John Kaufman, with his counsel, Marylou Matas, Esquire. 3. A prior Order of Court was entered by the Honorable M.L. Ebert, Jr. dated June 4, 2008 pertaining to the older child and providing for shared legal custody, with Father having primary physical custody of the older child with Mother having periods of partial physical custody every week from Sunday to Tuesday and Wednesday to Thursday. 4. Mother's position on custody is as follows: Mother seeks shared legal custody and shared physical custody. The parties agree with the shared physical custody schedule. Mother maintains that the older child should attend Shippensburg schools. Mother asserts that the child will be in her custody 4 days during the week and driving to Big Spring schools would not only be a hardship and inconvenient, but would also cause the younger child to be in the car while Mother transported the older child to school. Mother also has two other children who attend Shippensburg schools and they could accompany the older child to school. 5. Father's position on custody is as follows: Father seeks shared legal custody and shared physical custody. The parties agree with the shared physical custody schedule. Father maintains that the older child should attend Big Spring schools. Father believes his home is stable while Mother has moved several times in the last few years. Father maintains that the child should start school in Big Springs in the event Mother moves which would require a school change. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order for shared legal and shared physical custody. It is expected that the Hearing on the school issue will require one-half day. Date %?acq line M. Verney, Esquire Custody Conciliator Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 JOHN KAUFMAN, Plaintiff V. MICHELLE KAUFMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-7556 CIVIL ACTION - LAW IN CUSTODY J. Ebert ORDER AND NOW, this day of , 2011, upon consideration of the attached Petition for Continuance, the hearing previously scheduled for August 16, 2011, at 9:00 am is continued to A)4"Aaf- the / ?"'day of -' 2011 at All other provisions of the prior Order of June 15, 2011 shall remain in full force and effect. BY THE COURT, ,%A ? " \ / M.L. Ebert, Jr., Judge Cc: 'Marylou Matas, Esquire Attorney for Petitioner O Barbara Townsend, Esquire OP ies Attorney for Respondent I19l11 7 cz) 3 Y?^ c-) i -I '< L._ JOHN KAUFMAN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELLE KAUFMAN, ; DEFENDANT NO. 07-7556 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 14th day of September, 2011, this being the time and place set for a custody hearing in the above captioned matter, and both Parties having requested a continuance of the matter in order to have a custody evaluation completed, IT IS HEREBY ORDERED AND DIRECTED that the Custody Hearing is generally continued to the call of the Parties. By the Court, Marylou Matas, Esquire Attorney for Plaintiff Barbara Townsend, Esquire Attorney for Defendant bas 00pie,' f 1? ?l I a?S c cn rn rn -v r-- < C7 ? C-' r' -j1 JOHN KAUFMAN, Plaintiff V. MICHELLE KAUFMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-7556 IN CUSTODY ORDER OF COURT ?h NOW, this 3o day of ftA)Cc-, 2012, upon consideration of the h within Stipulation of the Parties, the terms of the Stipulation are hereby made an Order of Court. By the Court, cc: ? Barbara B. Townsend, Esquire Attorney for Defendant Marylou Matas, Esquire Attorney for Plaintiff 4`P PS ma,1-e-4 1/%/nz Law Offices of Scaidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 J. _ y... 9 t?J r L JOHN KAUFMAN, c ('l.. P IN THE COURT OF COMMON PLEAS Plaintiff PFd ° P‘f„"`r' ' `' ° CUMBERLAND COUNTY, PENNSYLVANIA SY� , f v. : CIVIL ACTION — LAW • NO. 07-7556 MICHELLE KAUFMAN, • Defendant • IN CUSTODY PETITION FOR MODIFICATION AND CONTEMPT OF CUSTODY 1. The Plaintiff is John Kaufman, hereinafter referred to as "Father", who resides at 29 Parsonage Street, Newville, Cumberland County, Pennsylvania, 17241. 2. The Defendant is Michelle Kaufman, hereinafter referred to as "Mother", who resides at 7215 Sunset Road, Newburg, Franklin County, Pennsylvania 17240. 3. The parties are the natural parents of two children, namely Christian Gabriel Kaufman, born June 27, 2006, and Alexis Trinity Kaufman, born June 22, 2010. 4. The parties are subject to an Order of Court, dated March 30, 2012, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. 5. Since the entry of the Order, the children have resided with the parties on a shared custody basis, pursuant to the terms of the Order, with Father exercising physical custody from Friday through Tuesday, and Mother exercising custody from Tuesday through Friday. I Law Offices of COUNT PETITION FOR MODIFICATION Saidis Sullivan & Rogers 6. Paragraphs 1-5 are incorporated herein as if restated in full. 26 West High Street Carlisle,PA 17013 7. The circumstances of the parties have changed since the entry of the Order, such that Father believes it is in the best interest of the children for the Order to be modified. 402_�g._ 8. Mother recently informed Father of her new employment, which includes a ce ' 31(.0 change in her work schedule. ZQ`Z48 9. Based upon Mother's change in employment, Mother will not be able to exercise the periods of custody delineated for her in the current Order. 10. Father believes it is in the children's best interest to have continuing stability and routine, which is not offered by Mother due to her changing work schedule and household situation. 11. Mother has married since the date of the last custody Order; her husband has been convicted of crimes enumerated within 23 PA §5329. A copy of the docket sheet is attached hereto and incorporated by reference as Exhibit B. 12. Father is concerned that the household members of Mother's household are not suitable for the children to have contact with or for those members to provide supervision of any sort for the children. 13. Father has a stable work and home environment and is best able to provide for the children's primary needs on an ongoing basis. WHEREFORE, the Plaintiff requests this Court to grant primary physical custody of the children to the Plaintiff. COUNT II CONTEMPT 14. Paragraphs 1-13 are incorporated herein by reference as if restated in full. 15. Father is concerned for the safety and welfare of the children when they are in Law Offices of Saidis Mother's custody, based upon persons Mother has the children in contact with when she Sullivan exercises custody. & Rogers 26 West High Street 16. Father believes that Mother has been living with and is now married to Shawn Carlisle,PA 17013 David Carbaugh, who has been convicted of various crimes enumerated in 23 Pa. C.S.A. §5329. Mr. Carbaugh's criminal docket sheet is attached hereto and incorporated herein by reference as Exhibit B. 17. Paragraph 13 of the parties' custody Order states: "Furthermore, each parent shall take all precautions to ensure that the children are not in the company of known drug users or known violent persons with the exception of family events, and if it is necessary to expose the children to those people during family events the parents shall take all precautions to minimize exposure to the drug users and violent persons." 18 Father's counsel has written to Mother's counsel on two separate occasions since the entry of the Order to express Father's concerns with regard to the safety of the children while in Mother's care, and specifically regarding whether Mother is residing with a violent person in violation of the terms of the Order. 19. Despite notice of Father's concern, Mother has chosen to disregard the welfare of the children and continues to reside with a violent person. 20. Mother has willfully failed to abide by the terms of the parties' custody Order in that she has had the children in the company of known violent persons and drug users; the violence and drug use is proven by her husband's criminal convictions. 21. Father has a stable work and home environment and is best able to provide for the children's primary needs on an ongoing basis. 22. Father believes that the children's best interests would be served by modifying the terms of the current Order so that he exercises primary physical custody with Mother exercising periods of custody outside of her husband's presence. WHEREFORE, the Plaintiff requests this Court to grant primary physical custody of Law Offices of Saidis the child to the Plaintiff. Sullivan Respectfully submitted, & Rogers SAIDIS, SULLIVAN & ROGERS 26 West High Street Carlisle,PA 17013 C ! Date: t/3C j 7-6 13 Mary Mates, Esquire Supreme Court ID No. 84919 Attorney for Plaintiff 26 West High Street Carlisle, PA 17013 717-243-6222 JOHN KAUFMAN, • IN THE COURT OF COMMON PLEAS Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA v. • CIVIL ACTION - LAW • NO. 07-7556 • MICHELLE KAUFMAN, Defendant • IN CUSTODY 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. Section 4904, relating to unsworn falsifications to authorities. DATE: Je �7111-JrAN, Plain Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle,PA 17013 JOHN KAUFMAN, IN THE COURT OF COMMON PLEAS Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • v. • CIVIL ACTION — LAW •: NO. 07-7556 MICHELLE KAUFMAN, . Defendant • IN CUSTODY CERTIFICATE OF SERVICE This is to certify that in this case, complete copies of all papers contained in the attached document have been served upon the following persons by the following means and on the dates stated: Name &Address Means of Service Date oI f Service Michelle Kaufman US Mail 1411 . 7215 Sunset Road Newburg, PA 17240 Mary M u t s, Esquire Attorney for laintiff Supreme Court No. 84919 26 W. High St. Carlisle, PA 17013 (717) 243-6222 Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle,PA 17013 JOHN KAUFMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • v. • CIVIL ACTION — LAW • NO. 07-7556 MICHELLE KAUFMAN, • Defendant • IN CUSTODY ORDER OF COURT NOW, this 3 day of (ue.A- , 2012, upon consideration of the within Stipulation of the Parties, the terms of the Stipulation are hereby made an Order of Court. By the Court, J. cc: Barbara B. Townsend, Esquire Attorney for Defendant (---) ;_, —0: 1,..' Marylou Matas, Esquire mu) -, Attorney for Plaintiff ;70 -0'_-, —C> r= r-' <c) Law Offices of -- CD Saidis `-' Sullivan & Rogers 26 West High Street TRUE COPY FROM RECORD Carlisle,PA 17013 In Testimony whereof, I here unto set my hand and the seal of said Court at arlisle, Pa. This 0 day of c ,20 Prothonotary (10-jel4a- �� `h e s JOHN KAUFMAN, • IN THE COURT OF COMMON PLEAS Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • v. • CIVIL ACTION — LAW • NO. 07-7556 • MICHELLE KAUFMAN, Defendant • IN CUSTODY STIPULATION AND AGREEMENT FOR CUSTODY THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between MICHELLE KAUFMAN (hereinafter referred to as "Mother") and JOHN KAUFMAN (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of the following two (2) children: Christian Gabriel Kaufman, born June 27, 2006 and Alexis Trinity Kaufman, born June 22, 2010; WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their children; NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as herein set forth, the parties stipulate and agree as follows: The parties hereto stipulate as follows: 1. All prior Orders in this matter are vacated. Law Offices of 2. Legal Custody: Mother and Father shall exercise shared legal custody of Saidis the child. Each parent shall have an equal right, to be exercised jointly with the Sullivan & Rogers other parent, to make all major non-emergency decisions affecting the child's 26 West High Street Carlisle,PA 17013 general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the child including, but not limited • to, school and medical records and information. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Physical Custody: The parties shall exercise shared physical custody as follows: a. During the school year: i. Mother shall exercise physical custody of the children from Tuesday after school through Friday after school. Mother shall be responsible for picking the children up from school or daycare during her periods of custody. Law Offices of Saidis ii. Father shall exercise physical custody of the children from Sullivan Friday after school through Tuesday morning. Father shall be & Rogers 26 West High Street responsible for picking the children up from school or daycare on Carlisle,PA 17013 Friday afternoon and dropping them off at school or daycare on Tuesday morning. b. During summer and non-school days: i. Mother shall exercise custody from Tuesday morning at 6:50 A.M. through Friday at 4:30 P.M. ii. Father shall exercise custody from Friday evening at 4:30 P.M. through Tuesday morning at 6:50 A.M. 4. Holidays: The parties shall exercise shared physical custody of their children on holidays. Father will exercise custody from 4:30 P.M. on the evening before the holiday until 3:30 P.M. the day of the holiday. Mother will exercise custody of the children from 3:30 P.M. the day of the holiday until 4:30 P.M. the following day. This schedule shall apply to New Year's Day, Easter, Memorial Day, Fourth of July, Thanksgiving and Christmas. 5. Vacation: Both parents are entitled to two non-consecutive weeks of vacation time with the child, provided they give 30 days advance notice to the other parent of their requested vacation time. Said vacation time shall begin on the vacationing parent's weekend period of custody, so that there will be no "piggybacking" of time. Notice shall include the contact information for the child, flight information if necessary, and any hotel information where the children may be staying during the vacation time. If both parents have requested the same week of vacation, the first parent to have provided notice shall prevail. 6. Extracurricular Activities: Each party shall provide the other with at least Law Offices of forty-eight (48) hours advance notice of school or other activities whenever Saidis Sullivan possible. & Rogers Both parties shall agree to honor and participate in the activities that 26 West High Street Carlisle,PA 17013 their children wish to engage in. During the times that the parents have custody of their children, they will make certain that their children attend any extracurricular activities. The parties are directed to be supportive of the activities and will transport the children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the children are able to participate in those events. Neither parent, however, shall commit a child to any activity unless the child definitely desires to attend that activity. Participation in activities which take place during the school year is contingent upon the child maintaining passing grades in school. Neither parent shall commit a child to activities that fall on the other parent's period of custody, without the consent of the other parent, which consent shall not be unreasonably withheld. If a child is involved in an activity which occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the child to the activity. However, the custodial parent shall not be required to take a child to that activity if the custodial parent and child are out of town during that activity, for a previously scheduled vacation. In the event that the custodial parent is unable to deliver a child to the particular activity, the parent who has custody of the child at that time shall notify the noncustodial parent, who shall be entitled to pick up and deliver the child to the designated activity. The custodial parent shall make certain that the child is ready for pickup in time sufficient to enable the child to timely Law Offices of attend the activity. Saidis Sullivan 7. Transportation: & Rogers Custody exchanges for the parties' regular periods of physical custody (as 26 West High Street Carlisle,PA 17013 defined in paragraph 3 and 4) shall occur at H&H Chevrolet or at the parties' child care provider, whichever is easiest in the interest of all parties. At all times, the children shall be secured in appropriate passenger restraints. No person transporting the children shall consume alcoholic beverages prior to or during transporting the children. No person transporting the children shall be under the influence of any alcoholic beverages while transporting the children. 8. School District and Child Care Provider: a. The parents agree to use the same childcare provider so that the children are cared for by the same childcare provider whether in the Mother's care or Father's care. b. The parents agree the children shall attend school in the school district of Father's residence, so long as Father resides in Cumberland or Franklin County, beginning with the 2011-2012 school year, spring semester. In addition, the parents agree that their minor daughter, Alexis, shall be enrolled in preschool beginning in the fall after her third birthday, fall 2013. 9. Right of First Refusal: In the event that either party is in need of a babysitter for a period of more than one hour during their period of physical custody, they shall contact the non-custodial parent, unless the custodial grandparents are available to care for the children. 10. Illness: The parties shall keep each other advised in the event of serious illness or medical emergency concerning the children and shall further take any necessary steps to ensure that the health and well-being of the children Law Offices of Saidis are protected. During such illness or medical emergency, both parties shall Sullivan have the right to visit the children as often as he or she desires consistent Rogers 2G 6 West High Street with the proper medical care of the children. Carlisle,PA 17013 11. Disparaging Remarks: Neither parent shall do anything which may estrange the children from the other party, injure the opinions of the children as to the other party, or which may hamper the free and natural development of the children's love and affection for the other party. This shall include directing third parties to refrain from making derogatory comments about or to the other parent in the presence of the children, which may injure the opinions of the children as to the other party or which may prevent the children from talking to the other parent as they may desire. 12. Health Insurance: Father shall provide health insurance for the parties' children for so long as he has that available at a reasonable cost through his employment. 13. Smoke/Drink/Illegal Substances: No party shall smoke in any part of a confined area with the children present and neither party shall permit another person to smoke in any part of a confined area with the children present. No party shall drink alcoholic beverages in excess or consume illegal substances when in the presence of the children, and no party shall be under the influence of illegal substances when in the presence of the children. Furthermore, each parent shall take all precautions to ensure that the children are not in the company of known drug users or known violent persons with the exception of family events, and if it necessary to expose the children to those people during family events, the parents shall take all precautions to minimize exposure to the drug users and violent persons. 14. Welfare of the children to be considered: The welfare and convenience Law Offices of of the children shall be the prime consideration of the parties in any Saidis Sullivan application of the provisions of this Stipulation. Both parents are directed to & Rogers 26 West High Street listen carefully and consider the wishes of the in addressing the custodial Carlisle,PA 17013 schedule, any changes to the schedule, and any other parenting issues. 15. Dependency Exemption for Income Tax: The parties agree that for so long as they exercise shared physical custody pursuant to the schedule set forth in paragraph 3 of this Order, Father shall be entitled to the dependency exemptions for the children for federal, state and local income tax purposes beginning with the calendar year, 2011. 16. Advice of Counsel: The parties declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Father has been independently represented by Marylou Matas, Esquire and that Mother has been independently represented by Barbara Townsend, Esquire with respect to the preparation and execution of this Stipulation. 17. Certification Under23 Pa.C.S.A § 5329: Each party has represented that neither he nor she nor any members of their household have been charged with or convicted of an offense enumerated in 23 Pa.C.S. § 5329 (or an equivalent offense in another jurisdiction). 18. Relocation of a Party: A relocation is defined as a change in a residence of the children which significantly impairs the ability of a non-relocating party to exercise custodial rights 23 Pa.C.S. § 5322. No relocation shall occur unless every individual who has custody rights to the children consents to the proposed relocation or the court approves the proposed relocation. If a party seeks to relocate, that party shall notify every other individual who has custody rights to the children. Both parties must follow the statutory Law Offices of Saidis requirements contained in 23 Pa.C.S. § 5337. Specifically, the relocating Sullivan party must notify every other individual who has custody rights to the & Rogers 26 West High Street children by certified mail, return receipt requested. The notice must then Carlisle,PA 17013 comply with the following requirements: Notice must be sent no later than: (1) The 60th day before the date of the proposed relocation; or (2) The 10th day after the date that the individual knows of the relocation, if the individual did not know and could not reasonably know of the relocation in sufficient time to comply with the 60 day notice requirement, and it is not reasonably possible to delay the date of relocation, so as to comply with the 60 day notice requirement. Unless otherwise excused by law, the following information must be included in the notice: (1) The address of the intended new residence. (2) The mailing address, if not the same as the address of the intended new residence. (3) Names and ages of the individuals in the new residence, including individuals who intend to live in the new residence. (4) The home telephone number of the intended new residence, if applicable. (5) The name of the new school district and school. (6) The date of the proposed relocation. (7) The reasons for the proposed relocation. (8) A proposal for a revised custody schedule. (9) Any other information which the party proposing the relocation deems appropriate. Law Offices of Saidis (10) A counter-affidavit as provided under subsection (d)(1) which can be Sullivan used to object to the proposed relocation and modification of a custody & Rogers 26 West High Street order. Carlisle,PA 17013 (11) A warning to the non-relocating party that, if the non-relocating party does not file with the court an objection to the proposed relocation within 30 • days after receipt of notice, that the party shall be foreclosed from objecting to the relocation. If any of the aforementioned information is not known when the notice is sent but is later made known to the party seeking the relocation, then the party shall promptly inform every individual who received notice. If the non-relocating parent objects to the proposed move he/she must do so by filing the counter-affidavit with the court and the other party within 30 days. The notice of the objection to the opposing party must be sent by certified mail, return receipt requested. If no objection is made in the manner set forth above, then it shall be presumed that the non-relocating parent has consented to the proposed relocation and the court will not accept testimony challenging the relocation in any further review of the custodial arrangements. The court shall hold an expedited full hearing on the proposed relocation after a timely objection has been filed and before relocation occurs. The court may permit relocation before a full hearing, if the court finds that exigent circumstances exist. 19. Financial Maintenance: The parties shall be responsible for the financial maintenance and support of their children while the children are in the individual party's physical custody. Law Offices of Saidis 20. Counseling: The parties shall seek out a therapist for their son for the Sullivan purpose of therapeutic family counseling or play therapy. The parents shall & Rogers 26 West High Street follow the counselor's or therapist's recommendation with regard to Carlisle,PA 17013 attendance at therapy and frequency of therapy. Both parents shall sign a Release so that the therapist may contact either counsel in the event that he or she deems it necessary. Father shall be responsible for initiating said therapy. Costs of the therapy shall be shared between the parties. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. Witness: iliZ-i' i / +.-'7 o Kauf -n wl i'S . \P-t..'Yu. UnV_IN,\ SL-CL.SL-Q) ' C Michelle Kaufman Law Offices of Saidis Sullivan & Rogers 26 Wesr High Street Carlisle,PA 17013 • Franklin County Court of Common Pleas Court Summary Carbaugh,Shawn David DOB:02/11/1980 Sex:Male Chambersburg,PA 17201 Eyes:Blue Aliases: Hair:Brown Shawn Carbaugh Race:Caucasian Shawn D.Carbaugh Active Huntingdon CP-31-MD-0000228-2008 Proc Status:Transfer Case DC No: OTN:L4156364 Arrest Dt:05/11/2008 Trial Dt: Legacy No: Def Atty:Thomas,Scott J.-(PD) Last Action:Contempt Court-Criminal Last Action Date:06/23/2009 Last Action Room:Courtroom 1 Next Action: Next Action Date: Next Action Room: Seq No Statute Grade Description Disposition 1 75§3802 M DUI:Highest Rte ofAlc(BAC.16+) 1st Off 2 75§3802 M DUI:Gen Imp/Inc of Driving Safely- 1st Off 3 75§3362 S Exceed Max Speed Lim Estb By 30 MPH 4 75§1543 S Driv While Oper Priv Susp Or Revoked 5 75§4581 S Fail To Use Safety Belt System Closed Franklin CP-28-CR-0001112-2000 Proc Status:Migrated Case DC No: OTN:H1362734 Arrest Dt:05/16/2000 Disp Date: Disp Judge: Seq No Statute Grade Description Disposition 1 18§4904 M2 Unsworn Fals Auth Forged Doc 1 18§4904 M2 Unsworn Fals Auth Forged Doc CP-28-CR-0002015-2001 Proc Status:Migrated Case DC No: OTN:L1041924 Arrest Dt: 10/22/2001 Disp Date: Disp Judge: Def Atty:Reed,James Kevin-(PR) Seq No Statute Grade Description Disposition 1 18§3701 Robbery-Inflict Threat Imm Bod lnj 1 18§3921 Theft By Unlaw Taking-Movable Prop 2 18§903 Criminal Conspiracy Aiding 2 18§2701 Simple Assault 3 18§2701 Simple Assault 4 18§2709 S Harassment/Strike,Shove,Kick,Etc. 5 18§5505 S Public Drunkenness And Similar Misconduct 6 18§5503 Disorderly Conduct Engage In Fighting CPCMS 3541 1 Printed:9/30/2013 3:50 PM Recent entries made in the court filing offices may not be immediately reflected on the court summary report. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Court Summary Report information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S.Section 9183. Please note that if the offense disposition information is blank, this only means that there is not a "final disposition" record-- ' Criminal Court Case Management System for this offense. In such an instance, you must view the public web docket shee 3 , offense is charged in order to determine what the most up-to-date disposition information is for the offense. r � Franklin County Court of Common Pleas 40.:4124 Court Summary Carbaugh,Shawn David(Continued) Closed(Continued) Franklin(Continued) CP-28-CR-0000406-2002 Proc Status:Migrated Case DC No: OTN:H2769933 Arrest Dt:01/29/2002 Disp Date: Disp Judge: DefAtty:Reed,James Kevin-(PR) Seq No Statute Grade Description Disposition 1 18§2702 F2 Aggravated Assault 1 18§2701 Simple Assault 2 18§2701 Simple Assault 3 18§2709 S Harassment/Strike,Shove,Kick,Etc. CP-28-CR-0001146-2008 Proc Status:Completed DC No: OTN:L4156364 Arrest Dt:05/11/2008 Disp Date:09/19/2008 Disp Judge:Walsh,Richard J. DefAtty:Thomas,Scott J.-(PD) Seq No Statute Grade Description Disposition 1 75§3802 M DUI:Highest Rte of Alc(BAC.16+) Guilty Plea 1st Off 2 75§3802 M DUI:Gen Imp/Inc of Driving Safely- Nolle Prossed 1st Off 3 75§3362 S Exceed Max Speed Lim Estb By 30 Withdrawn Pursuant to MPH Pa.R.Crim.P.561(B) 4 75§1543 S Driv While Oper Priv Susp Or Withdrawn Pursuant to Revoked Pa.R.Crim.P.561(B) 5 75§4581 S Fail To Use Safety Belt System Withdrawn Pursuant to Pa.R.Crim.P.561(B) CP-28-CR-0000544-2013 Proc Status:Sentenced/Penalty Imposed DC No: OTN:T2930675 Arrest Dt: Disp Date:07/31/2013 Disp Judge:Herman,Douglas W. DefAtty:Brink,Ian Michael-(PD) Seq No Statute Grade Description Disposition 1 18§2706 M1 Terroristic Threats W/Int To Terrorize Nolle Prossed Another (Post-Disposition) 2 18§2701 M2 Simple Assault Guilty Plea 3 18§2709 S Harassment-Subject Other to Withdrawn Pursuant to Physical Contact Pa.R.Crim.P.561(B) Archived CP-28-CR-0000834-1998 Comm.v.Carbaugh,Shawn CP-28-CR-0001572-1998 Comm.v.Carbaugh,Shawn CP-28-JV-0000135-1995 In the Interest of:Carbaugh,Shawn,a Minor CPCMS 3541 2 Printed:9/30/2013 3:50 PM Recent entries made in the court filing offices may not be immediately reflected on the court summary report. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Court Summary Report information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S.Section 9183. Please note that if the offense disposition information is blank, this only means that there is not a "final disposition" recorded in the Common Pleas Criminal Court Case Management System for this offense. In such an instance, you must view the public web docket sheet of the case wherein the offense is charged in order to determine what the most up-to-date disposition information is for the offense. JOHN KAUFMAN, • IN THE COURT OF COMMON PLEAS Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • v. • CIVIL ACTION— LAW • NO. 07-7556 MICHELLE KAUFMAN, • Defendant • IN CUSTODY CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I, John Kaufman, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S.§ 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to an of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges ❑ 18 Pa.C.S. Ch.25 ❑ ❑ (relating to criminal homicide) ❑ 18 Pa.C.S. §2702 ❑ ❑ (relating to aggravated assault) ❑ 18 Pa.C.S. §2706 ❑ ❑ (relating to terroristic threats) ❑ 18 Pa.C.S. §2709.1 ❑ ❑ (relating to stalking) , rn trn ❑ 18 Pa.C.S. §2901 ❑ ❑ c (relating to kidnapping) <c - - - y}L • ❑ 18 Pa.C.S. §2902 ❑ ❑ (relating to unlawful restrant) ❑ 18 Pa.C.S. §2903 ❑ ❑ (relating to false imprisonment) ❑ 18 Pa.C.S. §2910 ❑ ❑ (relating to luring a child into a motor vehicle or structure) ❑ 18 Pa.C.S. §3121 ❑ ❑ (relating to rape) ❑ 18 Pa.C.S. §3122.1 ❑ ❑ (relating to statutory sexual assault) ❑ 18 Pa.C.S. §3123 ❑ ❑ (relating to involuntary deviate sexual Intercourse) ❑ 18 Pa.C.S. §3124.1 ❑ ❑ (relating to sexual assault) ❑ 18 Pa.C.S. §3125 ❑ ❑ (relating to aggravated indecent assault) ❑ 18 Pa.C.S. §3126 ❑ ❑ (relating to indecent assault) ❑ 18 Pa.C.S. §3127 ❑ ❑ (relating to indecent exposure) ❑ 18 Pa.C.S. §3129 ❑ ❑ (relating to sexual intercourse with animals) ❑ 18 Pa.C.S. §3130 ❑ ❑ (relating to conduct relating to sex offenders) ❑ 18 Pa.C.S. §3301 ❑ ❑ (relating to arson and related offenses) ❑ 18 Pa.C.S. §4302 ❑ ❑ (relating to incest) ❑ 18 Pa.C.S. §4303 ❑ ❑ (relating to concealing death of child) ❑ 18 Pa.C.S. §4304 ❑ ❑ (relating to endangering welfare of children) ❑ 18 Pa.C.S. §4305 ❑ ❑ (relating to dealing in infant children) ❑ 18 Pa.C.S. §5902(b) ❑ ❑ (relating to prostitution and related offenses) ❑ 18 Pa.C.S. §5903 ❑ ❑ (c) or(d) (relating to obscene and other sexual materials and performances) ❑ 18 Pa.C.S. §6301 ❑ ❑ (relating to corruption of minors) ❑ 18 Pa.C.S. §6312 ❑ ❑ (relating to sexual abuse of children) ❑ 18 Pa.C.S. §6318 ❑ ❑ (relating to unlawful contact with minor) ❑ 18 Pa.C.S. §6320 ❑ ❑ (relating to sexual exploitation of children) ❑ 23 Pa.C.S. §6114 ❑ ❑ (relating to contempt for violation of Protection order or agreement) ❑ Driving under the ❑ ❑ influence of drugs or alcohol ❑ Manufacture, sale ❑ ❑ delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have history of violent or abusive conduct including the following: Check Self Other Date all that household apply member ❑ A finding of abuse by Children &Youth ❑ ❑ Agency or similar agency in Pennsylvania Or similar statute in another jurisdiction ❑ Abusive conduct as defined under the ❑ ❑ Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction ❑ Other: ❑ ❑ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5. If you are aware that the other party or members of the party's household has or have a criminal/abuse history, please explain: See attached petition and docket sheets. I verify that the information above is true and correct to the best of my knowledge information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 3 / Si m �•' _ Printed Name JOHN KAUFMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. c- cv> 2007-7556 CIVIL ACTION LAW -0a r-ri cZ c> -•._• MICHELLE KAUFMAN r*l r IN CUSTODY = w DEFENDANT -. L; C'.7) r ,• ORDER OF COURT AND NOW, Friday,October 04,2013 , 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,October 22,2013 11:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: Is/ Jacqueline M. Verney, Esq. 1 r' Custody Conciliator t The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Co pi eS ,4 t LC_ 32 South Bedford Street Carlisle, Pennsylvania 17013 At-tf . &h.$ Telephone (717) 249-3166 fit 414: Ka.c..) J. Vectxy. 0/qh 2 JOHN KAUFMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. • CIVIL ACTION — LAW _ • NO. 07-7556 C.1•-' MICHELLE KAUFMAN, - Defendant • IN CUSTODY �" tso r AFFIDAVIT OF SERVICE = t r I, Marylou Matas, Esqurie, being duly sworn according to law, hereby deposes and says that on October 16, 2013, she served a true and correct copy of Petition for Modification and Contempt of Custody and Order of Court upon Michelle Kaufman, by mailing those documents to the her address at 7009 Sunset Lane, Newburg, PA 17040 by Certified U.S. Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt, the latter of which is signed by the recipient, Michelle Kaufman-Carbaugh. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS 74,04,j Maryl Ma , Esquire ID No. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Law Offices of Dated: 0/ 1 1 IS Counsel for John Kaufman Saidis Sullivan & Rogers 26 West High Street Carlisle,PA 17013 SENDER: COMPLETE !Hi'. -EC;'i{i^d CO's?PLLI(TH/`,4ECT/r)N orb DI_f_,.'EPY ■ Complete items 1,2,and 3.Also complete A. 'g!•yt/ ( ' I 0t71c�r/ item 4 if Restricted Delivery is desired. �� 0 Agent X (/t • Print your name and address on the reverse OP / 0 Addressee so that we can return the card to you. ' B. Received by(P Na e) C. Date ivory • Attach the this card to the back it the mailpiece, N,l _„ ek i e' j,�; '� i� L3 or on the front if space permits. 't'CYl 6 -(1� D.Is delivery address different from n 1? Y 1. Article Addressed to: —4 If YES,enter delivery address below: 0 No ackli lam.-�w\ :' -. 7O c�nS Lam ocr iuewbar3 'i4 two--CSI - ice-type t i =_= ified Mail 0 Express Mail 5--Et registered tetum Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Npntbpr j 1.l il 7 012 1010 0001 310 8 0658 I• (Transfer'from service i PS Form 3811,February 2004 Domestic Return Receipt 1o2ss5-o2-M-1540 0 JOHN KAUFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-7556 CIVIL ACTION- LAW r - MICHELLE KAUFMAN, r7i Defendant : IN CUSTODY ; Ss ORDER OF COURT cY AND NOW, this Z.`'l day of 0 LA IA c t , 2013, upon ' — consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated March 30, 2012 shall remain in full force and effect with the following modifications and additions. 2. Father's Petition for Contempt shall be held in abeyance. 3. Father shall have primary physical custody of the children. 4. Mother shall have periods of partial physical custody of the children every Thursday from after school to Saturday at 5:00 p.m. Mother shall be responsible for transporting the children to school. 5. The children shall have no unsupervised contact with Shawn Carbaugh. 6. The parties and their household members shall cooperate with therapeutic family counseling. 7. The parties shall exchange custody of the children on Saturdays at the Sheetz in Shippensburg. 8. In the event of another incidence of domestic violence in Mother's home, she shall immediately notify Father and either relinquish physical custody of the children to Father or exclude Shawn Carbaugh from the home while the children are in the home. 9. RELOCATION: No party shall be permitted to relocate the residence of the children which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the children consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for Tuesday,December 17,2013 at 8:30 a.m. BY THE COURT, *,--3L- Q141\ c lou Mottos, Esquire, Counsel for Father Y � q Michelle Kaufman, pro se 7215 Sunset Road Newburg, PA 17240 egrks. nzkitiA, /o/aqa JOHN KAUFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 2007-7556 CIVIL ACTION-LAW MICHELLE KAUFMAN, Defendant : IN CUSTODY PRIOR JUDGE: M.L. Ebert,Jr.,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: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Christian Gabriel Kaufman June 27, 2006 shared Alexis Trinity Kaufman June 22, 2010 shared 2. A Conciliation Conference was held in this matter on October 22, 2013, with the following in attendance: The Father, John Kaufman, with his counsel, Marylou Matas, Esquire and the Mother, Michelle Kaufman,pro se. 3. The Honorable M.L. Ebert, Jr. previously entered an Order of Court dated March 30, 2012 providing for shared legal custody, Father having physical custody of the children from Friday to Tuesday and Mother having physical custody from Tuesday to Friday. 4. The parties agreed to an Order in the form as attached. Date: fu h .,,L Jacquf�line M. Verney, Esquire Custody Conciliator JOHN KAUFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 2007-7556 CIVIL ACTION -LAW E-21- MICHELLE KAUFMAN, Defendant : IN CUSTODY rrj si -7- X c , cn r y> C ORDER OF COURT C:) --0 c-, AND NOW, this 9 day of Oec,e mID e< , 2013, upon ? .4 consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated March 30, 2012 and October 24, 2013 shall remain in full force and effect with the following modifications and additions. 2. Father's Petition for Contempt is hereby withdrawn. 3. Mother shall have periods of partial physical custody of the children every Thursday from after school to Saturday at 5:00 p.m., except on the first Saturday of every month when the return time shall be Saturday at 9:00 a.m. Mother shall be responsible for transporting the children to school. 4. The children shall have no contact with Shawn Carbaugh. In the event of another incidence of domestic violence in Mother's home, or if Mother files for a PFA against Shawn Carbaugh with the children being protected parties, she shall immediately notify Father. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. cc: arylou Matas, Esquire, Counsel for Father /Michelle Kaufman,pro se 7215 Sunset Road Newburg, PA 17240 .�/ JOHN KAUFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 2007-7556 CIVIL ACTION- LAW MICHELLE KAUFMAN, Defendant : IN CUSTODY PRIOR JUDGE: M.L. Ebert,Jr.,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: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Christian Gabriel Kaufman June 27, 2006 Father Alexis Trinity Kaufman June 22, 2010 Father 2. A Conciliation Conference was held in this matter on December 17, 2013, with the following in attendance: The Father, John Kaufman, with his counsel, Marylou Matas,Esquire and the Mother, Michelle Kaufman,pro se. 3. The Honorable M.L. Ebert, Jr. previously entered Orders of Court dated March 30, 2012 and October 24, 2013 providing for shared legal custody, Father having primary physical custody and Mother having physical custody every weekend from Thursday to Saturday. 4. The parties agreed to an Order in the form as attached. Date: -19-11-!3 ac line M. Verney, Esquire Custody Conciliator i ViP JOHN KAUFMAN, IN THE COURT OF COMMON PLEAS Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • v. • CIVIL ACTION — LAW • NO. 07-7556 MICHELLE KAUFMAN, : Defendant • IN CUSTODY Judge Ebert AFFIDAVIT OF SERVICE I, Marylou Matas, Esquire, being duly sworn according to law, hereby deposes and says that on December 26, 2013, she served a true and correct copy of the December 19, 2013 and October 24, 2013, Orders of Court, upon Michelle Kaufman, by mailing those documents to her address at 7215 Sunset Road, Newburg, PA 17240, by Certified U.S. Mail, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt, the latter of which is signed by the recipient. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS 1ti ( 7iu Maryl ` Mas, Esquire ID No. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Law Offices of Dated: / �,i 1 Counsel for Plaintiff Sa.idis Sullivan 1 c.... & Rogers r 26 West High Street r` Carlisle,PA 17013 ' 1. • SENDER: COMPLETE THIS SECTION 'v7PEE1 E THIS SE��x'. -.u, nEirvERv • Complete items 1,2,and 3.Also complete A. Signaiire item 4 if Restricted Delivery is desired. , ❑Agent • Print your name and address on the reverse X�`�� C_! �"1�!/� _ \ • Addressee so that we can return the card to you. -tinted Name) C. Date of Delivery • Attach this card to the back of the maiipiece, or on the front if space permits. - , _ Vt• • • D. Is delivery address different from Item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No klaCk 1 Kp Wuowl Cg tukit3 ' i ` C49- 1 0 Cei ce T Express rtified ype Mail ❑ ress Mail ❑Registered AreLetum Receipt for Merchandise ❑Insured Mail ❑C.C.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2.1 rtic(eg ymbe4r t 1 Y 7012` x,010 0001 3108 0795 ran fiivm sce ) PS Form 3811,February 2004 Domestic Return Receipt 1o25s5-o2-M-1540