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Home My WebLink About08-3248i Kristen B. Hamilton, Esquire Attorney ID# 202303 ARNOULT, TACCINO & HAMILTON, LLC 14 North Main Street, Suite 410 Chambersburg, PA 17201 717-264-0060 BRENNA PYNE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2008- 3 Ct,?, TTt-4 ,.-, CIVIL ACTION-LAW JUSTIN KAUFFMAN, Defendant IN CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT was made on the day of , 2008, by and between BRENNA PYNE (hereinafter referred to as "Mother"), of 159 Zion Road, Newberg, Pennsylvania, 17240 and JUSTIN KAUFFMAN, (hereinafter referred to as "Father"), currently incarcerated but with a residential address of 986 Ashton Drive, Shippensburg, Pennsylvania 17257. 1. Mother and Father are the natural parents of Trey Pyne, born February 4, 2005 currently age 2 years 3 months. 2. The child was born out of wedlock and the parties never married. 3. With the exception of the action filed to the above-captioned number and term, neither party has participated as a party in other litigation concerning the custody of the child in this Court. 4. None of the parties has information of a custody proceeding outside of the above captioned action which concerns the child pending in a Court of this Commonwealth. 5. None of the parties knows of any person not a party to the proceedings who has physical custody of the child, or claims to have custody or visitation rights with respect to the child. 6. During the past five (5) years, the child have resided with the following persons and at the following address(es): Person(s) Lived With Address(es) Dates Mother, Maternal Grandparents, 159 Zion Road Birth-Present Maternal Uncle (age 22) Newberg, PA 17257 7. Mother is represented by Kristen B. Hamilton, Esquire, with regard to this matter. 8. Father was advised of his right to seek legal representation for this matter and prior to executing this document, but has declined to do so. 9. The parties have reached an agreement with regard to the custody of their minor child and desire to reduce their agreement to an Order of Court. NOW WHEREFORE, the parties intending to be legally bound and waiving their right to be present when this Agreement and Order are presented and executed, hereby stipulate and agree that the Court may enter the following Order of Court in the above-captioned case: ORDER OF COURT NOW, this day of , 2008, upon consideration of the within Stipulation and Agreement, it is hereby ordered as follows: 1. Brenna Pyne, (hereinafter referred to as "Mother") and Justin Kauffman, (hereinafter "Father") are the natural parents of Trey Pyne, born February 4, 2005. 5. Mother shall have sole physical and legal custody of the child. 6. Upon Father's release from jail, Father shall have supervised visitation with the child, to occur at Mother's residence, as mutually agreed upon by the parties. >-- ry- t"":) { - C C; W 7 i. C\i iz I t1! ?" LL- W r C114 7. Father shall not consume alcoholic beverages or use recreational drugs of any kind twelve (12) hours prior to the agreed upon times of visitation. BY THE COURT: J. The parties are in further agreement that, in the creating this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. IN WITNESS WHEREOF, the parties, intending to be legally bound by the terms and conditions of this Agreement, execute this Agreement by signing below. WITNESS: Brenna Pyne stin Kauffin I verify that the facts set forth in the above Stipulation and Agreement are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 11A $ /08 T Brenna Pyne I verify that the facts set forth in the above Stipulation and Agreement are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 5/09 I )? / ustin Kauff an r Kristen B. Hamilton, Esquire Attorney ID# 202303 ARNOULT, TACCINO & HAMILTON, LLC 14 North Main Street, Suite 410 Chambersburg, PA 17201 717-264-0060 BRENNA PYNE, Plaintiff VS. JUSTIN KAUFFMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- 39 L CIVIL ACTION- LAW : IN CUSTODY COMPLAINT IN CUSTODY NOW COMES Brenna Pyne, plaintiff and hereinafter "Mother", by and through her attorneys, Amoult, Taccino & Hamilton, LLC, respectfully submits this Complaint for Custody and avers the following: 1. Plaintiff is Brenna Pyne, hereinafter "mother" currently residing at 159 Vion Road, Newberg, Pennsylvania, Cumberland County 17240. 2. Defendant is Justin Kauffman, hereinafter "Father", currently residing at Franklin County Prison, 625 Franklin Farm Lane, Chambersburg, Pennsylvania, Franklin County 17202. 3. Mother and Father are the natural parents of one child, Trey Pyne, born February 4, 2005. The child was born out of wedlock and the parties never married. The child has resided with Mother since birth at the above-listed address of 159 Vion Road, Newberg, Pennsylvania 17240. Mother lives at this address with her parents, Jeffrey and Christine Pyne, and her brother Aaron Pyne, age 22. Mother is single. Father has been known to reside at 986 Ashton Drive, Shippensburg, Pennsylvania 17257 with his foster parents, Lynn and David Shau£ Currently Father is in Franklin County Prison for contempt of court charges stemming from child support. It is believed that Father is single. 5. Plaintiff has not participated as a party or witnesses, or in any other capacity, in other litigation concerning the custody of the child in this or any other court. Further, Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 6. Awarding sole physical and legal custody of the child to Mother is in the best interests of the child for the following reasons: a. Mother has been the primary caregiver of the child since the child's birth in February 2005. b. Father has never cared for the child on his own or been involved with the child as a primary caregiver even when the parties' relationship was still intact. c. Mother has made all major decisions regarding the child and his upbringing without Father's input, although attempts were made to include Father in such decisions. d. Father has not had any contact with Mother since December of 2007 and no contact with the child since March 2007. Father has had problems with drugs and alcohol in the past, and is due in court on or about April 30, 2008 in Franklin County to face charges stemming from an incident. involving drugs. £ Father has been given the opportunity 7 however Father would often not follow throughies' relationship ending in Marc g. Father has openly expressed to Mother that after being released from jail he intends on going to a residential treatment facility for rehabilitation for his drug and alcohol issues. h. Father has admitted to Mother that he is not in any way able to care physically or legally for their son at this time. i. Mother believes and therefore avers for the foregoing reasons and Father's admitted inability to stay sober and refrain from drug use, she is in the better position to physically and legally care for the child. 7. A copy of this Complaint will be served upon the Defendant upon date of filing at his last known address, addressed as follows: Justin Kauffman No. 08-58544 (B-UNIT) Franklin County Prison 625 Franklin Farm Lane Chambersburg, PA 17202 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other person, named below, who are known to have a claim a right to custody or visitation of the child will be given notice of the pendency of this action and presented the opportunity to intervene: NONE WHEREFORE, Brenna Pyne respectfully requests that this Honorable Court enter as an Order the stipulation and agreement entered into by the parties on May 2, 2008 granting sole physical and legal custody of the minor child, Trey Pyne, to her. Date:-61 22 09 Respectfully submitted, ARNOULT, TACCINO & HAMILTON, LLC Krisgn Hamilton 14 North Main Street, Suite 410 Chambersburg, PA 17201 717-264-0060 VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: 4 Brenna Pyne C- nJ '1'I P . M MAY 2 8 2008 p V Kristen B. Hamilton, Esquire Attorney ID# 202303 ARNOULT, TACCINO & HAMILTON, LLC 14 North Main Street, Suite 410 Chambersburg, PA 17201 717-264-0060 BRENNA PYNE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.2008- 3-2 Y P CA-u-a ?w CIVIL ACTION-LAW JUSTIN KAUFFMAN, Defendant IN CUSTODY ORDER OF COURT NOW, this Z n b day of 7 J)m, , 2008, upon consideration of the within Stipulation and Agreement, it is hereby ordered as follows: 1. Brenna Pyne, (hereinafter referred to as "Mother") and Justin Kauffman, (hereinafter "Father") are the natural parents of Trey Pyne, born February 4, 2005. 2. Mother shall have sole physical and legal custody of the child. 3. Upon Father's release from jail, Father shall have supervised visitation with the child, to occur at Mother's residence, as mutually agreed upon by the parties. 4. Father shall not consume alcoholic beverages or use recreational drugs of any kind twelve (12) hours prior to the agreed upon times of visitation. BY THE COURT: ?J (-vOtT`g ft P?. ,-)-I ,?w '? '?}1d W? 'r L -0{ !4V Z- 411 El 0 0Z