HomeMy WebLinkAbout08-3648TAB
2OM &
Nu l ULAKIS
Kara W. Haggerty, Esquire
Attorney I.D. #: 86914
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
BARBARA SHEAFFER,
Plaintiff
V.
KURTIS AUKAMP,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. OF- 31,v J` C.r 7Z-
IN CUSTODY
COMPLAINT FOR CUSTODY
1. The Plaintiff is Barbara Sheaffer, who currently resides at 815 Acri Road,
Mechanicsburg, Cumberland County, Pennsylvania.
2. The Defendant is Kurtis Aukamp, who currently resides at 8630 Buccilli Drive,
#102, Orlando, Florida 32829-8392.
3. The Plaintiff seeks custody of the following child:
Name: Adam S. Aukamp
Date of Birth: January 8, 2001
Address: 815 Acri Road, Mechanicsburg, Cumberland County,
Pennsylvania
4. The child was born during wedlock.
5. The child is presently in the custody of Barbara Sheaffer, who resides at 815 Acri
Road, Mechanicsburg, Cumberland County, Pennsylvania.
6. During the child's lifetime, he has resided with the following persons and at the
following addresses:
Name Address
Barbara Sheaffer & Kurtis 2261 Concord Circle,
Aukamp Harrisburg, PA
Barbara Sheaffer 25 Beacon Drive,
Harrisburg
Barbara Sheaffer and Harold 815 Acri Road,
Hinton Mechanicsburg, PA
Date
Birth to 05/31/2003
06/01/2003 to 08/31/2006
09/01/2006 to Present
7. The mother of the child is Barbara Sheaffer, who resides at 815 Acri Road,
Mechanicsburg, Cumberland County, Pennsylvania.
8. Mother of the child, Barbara Sheaffer, is married.
9. The father of the child is Kurtis Aukamp, who currently resides at, 8630 Bucilli
Drive, #102, Orlando, Florida.
10. Father of the child, Kurtis Aukamp, is not married.
11. The relationship of Plaintiff to the child is that of Mother.
12. The relationship of Defendant to the child is that of Father.
13. The Plaintiff currently resides with the following persons: Husband, Harold Hinton
and Son, Adam Aukamp
14. The Defendant currently lives alone.
15. The Plaintiff has not participated as a party or witness, or in another capacity, in
other litigation concerning the custody of the child in this or any other court.
16. The Plaintiff has no information of a custody proceeding concerning the child
pending in a court of this Commonwealth.
17. The Plaintiff does not know of a person or 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.
18. The best interest and permanent welfare of the child will be served by granting the
relief requested for reasons including the following:
a. The Plaintiff has been the primary caregiver of the minor child since his
birth. Plaintiff has:
i. Planned and prepared meals;
ii. Bathed, groomed and dressed the child;
iii. Purchased, cleaned and cared for the child's clothing;
iv. Arranged medical care, including trips to physicians;
V. Arranged alternative daycare;
vi. Put the child to bed nightly, attended the child in the middle of the
night, and awakened the child in the morning.
b. The child has a psychological bond with the Plaintiff.
C. Plaintiff is able to provide a stable environment for the child.
19. Each parent whose parental rights to the child have not been terminated has been
named as parties to this action.
WHEREFORE, the Plaintiff requests that this Court grant primary physical custody of the
child to the Plaintiff.
DATE W ( ? I ?b
Respectfully submitted,
ABOM&KUTVLAK1s, L.L.P.
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1.
Kara W. Haggerty, Esquire
Supreme Court ID No. 9 4
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Plaintiff
VERIFICATION
I, Barbara Sheaffer, verify that the statements made in this Custody Complaint 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. § 4904 relating to unsworn falsification to
authorities.
Date ?a
RBARA SHEAFF
) 141
CERTIFICATE OF SERVICE
VL.?
AND NOW, this day of June 2008, I, Kara W. Haggerty, Esquire, of Abom &
Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody
Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States
Mail, First-class mail, postage prepaid addressed to the following:
Kurtis Aukamp
8630 Bucilli Drive, #102
Orlando, FL 32829-8392
Respectfully submitted,
ABom&KUTUI,AKis; L.L.P.
14U t6
Kara W. Haggerty, Esq e
Supreme Court ID o. 14
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Plaintiff
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BARBARA SHEAFFER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
KURTIS AUKAMP
DEFENDANT
2008-3648 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, June 24, 2008 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, July 18, 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/ Hubert X. Gilroy, Es q.
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
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JUL 2 9 2008&t
BARBARA SHEAFFER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. : CIVIL ACTION -LAW
KURTIS AUKAMP, NO. 2008-3648
Defendant IN CUSTODY
COURT ORDER
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day of July, 2008, upon consideration of the attached Custody
AND NOW, this 3)D
Conciliation Report, it is ordered and directed as follows:
A hearing is scheduled in Courtroom No. .S of the Cumberland County
Courthouse on the _S11- day of , 2008, at PS Q
_. m. At this hearing the Mother shall be the moving party and shall proceed
initially with testimony. Counsel for the parties, or the parties themselves if they do
not have legal counsel, shall file with the Court and the opposing party/counsel a
Memorandum setting forth the history of custody in this case, the issues currently
before the Court, a list of witnesses who will be called to testify on behalf of
each party and a summary of the anticipated testimony of each witness. This
Memorandum shall be filed at least five days prior to the mentioned hearing date.
2. Pending further Order of this Court, the following TEMPORARY Custody Order is
entered:
A. The Mother, Barbara Sheaffer, and the Father, Kurtis Aukamp, shall enjoy
shared legal custody of Adam S. Aukamp, born January 8, 2001.
B. The Mother shall enjoy primary physical custody of the minor child.
C. During the school year, the Father shall have temporary custody of the minor
child as follows:
(1) On alternating weekends from Friday after school until Sunday at 7:00
p.m. unless agreed otherwise by the parties; and
(2) At such other times as agreed upon by the parties.
3. For the remainder of the summer of 2008, the parties shall abide by the agreement
they have reached with respect to the minor child being with the Father for a period
of time during the Father's wedding and otherwise. After that, the alternating
weekend schedule shall apply.
4. In the event the parties believe another custody conciliation conference may aid in
resolving the matter before the hearing, the parties or their counsel may contact the
Conciliator directly to set up such a conference which may be via a telephone
conference.
BY THE COURT,
Judge
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Tara W. Haggerty, Esquire
Xr- Kurtis Auks
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BARBARA SHEAFFER,
Plaintiff
vs.
KURTIS AUKAMP,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2008-3648
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
The pertinent information pertaining to the child who is the subject of this litigation is as
follows:
Adam S. Aukamp, born January 8, 2001
2. A Conciliation Conference was held on July 18, 2008, with the following individuals in
attendance:
The mother, Barbara Sheaffer, who appeared with her counsel, Kara Haggerty,
Esquire, and the father, Kurtis Aukamp, who appeared without counsel.
The Father lives in Florida and the Mother resides in Mechanicsburg. Mother has had
primary custody of the minor child. At issue is the amount of time Father will have
during the summer and a few other minor issues. Despite some serious negotiations at
the conciliation conference, the parties were unable to reach an agreement.
4. The parties do have an agreement in place with respect to the school year and the primary
issue appears to be Father's time during the summer months. Based upon the agreement
of the parties with respect to the school year, the Conciliator recommends an Order in the
form as attached.
Date: July 0? 9 '2008
62 1*
Hube . Gilroy, Esquire
Cust dy Conciliator
BARBARA SHEAFFER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO.: 2008-3648 CIVIL ACTION IN CUSTODY
KURTIS AUKAMP,
Defendant
TO THE PROTHONOTARY:
Please enter the appearance of Marlin L. Markley, Esquire in the above-captioned action for
the Defendant, Kurtis Aukamp.
Date: q_1 r -
Respectfully
Marlin L. M , E
Law Offic of atri . Lauer, Jr., LLC
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011
ID# 84745 Tel. (717) 763-1800
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BARBARA SHEAFFER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
KURTIS AUKAMP,
DEFENDANT NO. 08-3648 CIVIL
IN RE: CUSTODY
ORDER OF COURT
AND NOW, this 5th day of November, 2008, upon agreement of the parties,
IT IS HEREBY ORDERED AND DIRECTED that:
1. The Mother, Barbara Sheaffer, and the Father, Kurtis Aukamp, shall enjoy
shared legal custody of the minor child, Adam S. Aukamp, born January 8, 2001.
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, and the residence address of the child and of 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 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.
2. Mother shall have primary physical custody of the child.
3. Father shall have partial physical custody every other weekend from Friday
after school or summer camp until 7:00 p.m. Sunday, except as noted in the summer
schedule.
a. Each party shall keep the other informed of the locations of the child's
sleeping arrangements when those arrangements are not in the usual location.
b. Should the Child be off of school on the Friday prior to Father's
custodial weekend or on the Monday immediately following Father's custodial weekend,
the Friday or Monday shall be included in Father's custodial weekend schedule except
for holidays as described in paragraph 4.
c. On the Fridays that the Child has school, Father shall pick up the Child
at school unless an unforeseen circumstance, such as an illness or weather-related
difficulty arises where alternate arrangement shall be made by mutual agreement.
I
d. During the school year, it is agreed that the Child will not be traveling
extensively during Father's period of physical custody, with the exception of the
Christmas holiday.
4. Holidays:
a. Easter/Spring Break: The Parties will share Easter/Spring Break. Each
year the parties are to discuss in advance this custody period with the goal of
2
dividing the child's break evenly between the parties. The parties will make an
effort to alternate Easter Day each year.
b. Thanksgiving: Father shall have physical custody from 2:30 p.m. on
Thanksgiving Day until Saturday at 1:00 p.m. each year.
c. Christmas: Father shall have physical custody from Christmas Day at
2:30 p.m. through New Year's Day at 1:00 p.m. in 2008 and in all even numbered years.
Father shall have physical custody upon the beginning of Child's holiday break from
school through Christmas Day at 2:30 p.m. in 2009 and all odd numbered years.
d. It is specifically agreed that the holiday schedule shall supersede the
regular custody schedule.
5. Summer Vacation:
a. Father shall be entitled to one 2 week period of custody and one 3
week period of custody each summer. These periods of custody shall run from a
Saturday to a Saturday.
b. This period of visitation shall be scheduled no later than March 15 each
year. The child's extracurricular activities shall be taken into consideration when
scheduling any summer vacation.
c. By March 15 of each year, Mother shall also elect 5 weeks of summer
custody during which time Father's weekend custody shall be suspended.
d. Mother shall always have the full week prior to the beginning of the
school year each year.
6. Neither parent shall do anything which may estrange the Child from the other
party, injure the opinion of the Child as to the other party, or which may hamper the free
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and natural development of the Child's love and affection for the other party. In
addition, each parent shall encourage the child to return to the custody of the other
parent at all exchanges. This provision applies to the parents, family members or
significant others.
7. Any modification or waiver of any of the provisions of this Order on a
permanent basis shall be effective only if agreed upon by both parties and a stipulation
is signed by both.
8. Any other amendments or changes to the custody schedule shall be by
agreement between the parties, with discussion regarding a change taking place at
least one (1) month in advance of said change. The parties are encouraged to
accommodate the reasonable request of the other for alterations of any agreed upon
schedule, as the circumstances and the best interest of the Child require.
9. This Order supersedes any prior written or oral agreements between the
parties, and is the controlling Order unless and until modified by the parties in writing.
By the Court,
? Kara W. Haggerty, Esquire
Attorney for Plaintiff
Marlin Markley, Esquire
Attorney for Defendant
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M. L. Ebert, Jr., J.
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