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Home My WebLink About05-5677 MICHAEL JAMES KAUFFMAN Plaintiff v. TINA MARIE KAUFFMAN Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05- 5(, T1 CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Michael James Kauffman, hereinafter referred to as Father. Father's permanent residence is 210 North West Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Tina Marie Kauffman, hereinafter referred to as Mother. Mother resides at Box 67, Lot 8B, Carlisle, Cumberland County, Pennsylvania 17013. 3. Father seeks partial custody ofthe minor child: Name Michael James Kauffman, II Present Residence Box 67, Lot 8B Carlisle, P A 17013 Age 9/2/98 DOB, 7 yrs old The child, Michael, was born during the parties marriage. The child is presently in the custody of Mother. During his lifetime, Michael has resided with the following persons and at the following addresses: Name Michael James Kauffman Tina Marie Kauffman Michael James Kauffman Tina Marie Kauffman Michael James Kauffman Tina Marie Kauffman Tina Marie Kauffman Joyce Kauffman Address Date 400 S. 4th Street Harrisburg, PA 17101 Birth m 9/00 1270 N. 2nd Street Harrisburg, PA 17101 9/00 m 12/00 217 Buckthome Street Harrisburg, P A 17104 12/00 - 2/02 135 Park Drive Middletown, PA 17057 2/02-4/02 Michael James Kauffman Box 67 Lot 8B 4/02 - 2/03 Tina Marie Kauffman Carlisle, PA 17013 Tina Marie Kauffman Box 67 Lot 8B 2/03 - 6/03 Carlisle, P A 17013 Michael James Kauffman Box 67 Lot 8B 6/03 - 11/04 Tina Marie Kauffman Carlisle, P A 17013 Tina Marie Kauffman Box 67 Lot 8B 11/04 - 7/05 Carlisle, P A 17013 Barbara Rider 1318 Kittatinny St 7/05 - 8/05 Grace Slusher Harrisburg, P A Barbara Gordner Katherine Street 7/05 --- 8/05 Larue Gordner Harrisburg, P A Dustin Rider Kayla Conrad Kenneth Eckenrode III Tina Marie Kauffman Box 67 Lot 8B 8/05 --- present Kenneth Gill The parties are currently separated. 4. Mother currently resides with the following persons: Name Relationship Kenneth Gill Boyfriend Michael James Kauffman II Son with Father 5. Father currently resides with the following persons: Name Relationship Barbara Gordner Sister-in-law (Mother's sister) Larue Gordner Dustin Rider Kayla Conrad Kenneth Eckenrode, II Brother-in-law Sister-in-1aw's son Sister-in-Iaw's daughter Sister-in-law's son 6. Father has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of Michael in this or another court. 7. Father has no information of a current custody proceeding concerning Michael pending in a court of this Commonwealth. A Protection From Abuse Order against Father was entered in 200 I, and incorporated as part of that Order a custodial arrangement regarding Michael. While the Order was in effect the parties resided together, making the custody order a moot issue. The Protection Order has subsequently expired and no further or subsequent action was taken regarding custody of Michael. 8. Father does not know of a person not a party to the proceedings who has physical custody of Michael or claims to have custody or visitation rights with respect to Michael. 9. The best interest and permanent welfare of Michael will be served by granting the relief requested for reasons including, but not limited to the following: a) Since Michael was born, Father has remained a constant participant in Michael's life. Though Father was incarcerated for various periods of time since Michael's birth, Mother always ensured that Michael and Father maintained contact with each other and she took Michael to visit Father. b) Father will encourage Michael's relationship with Mother while he continues to nurture the father/son relationship he has with Michael. c) Father is gainfully employed and pays child support for Michael and he is committed to providing for Michael's needs. d) Father has a safe home environment with Michael's aunt, uncle and cousins who are willing to have Michael in the home. Father has a bed and dresser for Michael and can provide for all basic necessities while Michael is with him for periods of partial custody. e) Mother has not acted in Michael's best interest in ways including but not limited to the following: i) Mother unilaterally and arbitrarily decided that Father could no longer visit with Michael. While the parties were living together, Father was actively involved with Michael's daily care. During his periods of incarceration, Father had regular contact with Michael until May 2005, when Mother stopped bringing Michael for visits. ii) Mother has provided no explanation for stopping visits between Father and Michael. This sudden end to Michael's time with Father is detrimental to their relationship and does not serve his best interests. 11. Every person with rights to custody or having actual physical custody of Michael has been named as parties to this action. WHEREFORE, Father requests this Court to grant him the following relief: I) Grant the parties shared legal custody of Michael. 2) Grant Mother primary physical custody of Michael. 3) Grant Father periods of partial custody in accordance with the following schedule: 1. On alternating weekends, from Friday at 6:30 p.m. until Monday morning when Father will take Michael to school. 2. During weeks that Father does not have a custodial weekend, on Sunday from noon until 7:30 p.m. and on Monday from the time school is released until 7:30 p.m. 4) Grant the parties an appropriate custody schedule so that the parties can spend time with the child on holidays. 5) Any further relief that this Court finds to be just and proper. mitted, ~ J es ca olst, Esquire Mid Penn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, MICHAEL JAMES KAUFFMAN, verifies that the statements made in the above COMPLAINT FOR CUSTODY are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: It) - ~/, ()5- Kauffman . ' MICHAEL JAMES KAUFFMAN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 05- CIVIL TERM TINA MARIE KAUFFMAN Defendant CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Tina Marie Kauffman with a Complaint For Custody on /JfJ1J&Hfp, / r , 2005 by certified mail, return receipt, restricted delivery, to the person and address below: Tina Marie Kauffman Box 67 Lot 8B Carlisle, PA 17013 I, Jessica Holst, verify that the statements made in this Affidavit of Service 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 falsification to authorities. Date: ;1JVU'177hv- J clOU\ / Signature: <2 ~ ::r!-n (l1.F --om -:'{JC( ':?c) -,,~ "f", ,';~ -n .2(") .2-(;:1 =.;t T> :Q r. C) o ~;, -ui,:i' \3)C-. ,...> <:::> "" <J' -;r- 9-. I - 0") (oJ; ~~: ~:> ~~ 'i~:~~ ~ ~ q <.n o o -" ~ p"\p. _orit ,:,0 C;J~? _..,.1 )' (~~~~ oJ;; ~ .( r;::~ -1'\ - ----- 01 MICHAEL JAMES KAUFFMAN Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05- 5t.P 1-r CIVIL TERM TINA MARIE KAUFFMAN Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Michael James Kauffman, Plaintiff, to proceed in forma pauperis. I, Jessica Holst, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. J SSlca Holst, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 ~ ~;~!;:', ~}:C" (.f:.' ,J. < ~~\ ~':~;; ~ <.1" e, .t::. \ o :c.) -~ 9,. ~:;rl r;:, 1)'9 Ot.~. ~.-j ::t; ~~,,~:, \.1() ~.~ rfi ..::;>' _A ~ 5.3 .- ~ .- C2 ., u:> 0 r--> 0 = c: = "T1 ~:,.." u-. ;:giY' - ~ , ~ r,', 0 nl:!l ;;:: <: r ~~- I -om (/) :TIX -' . c,) f":' c' "i'f) 'j.?: C """ \;~ (~ ;?; c~; :::;: > c:' S' t"5 rn ~ :.p! <fl :" .< MICI {AI:I" JAMES KAUFFMAN I'L\I"IIII IN THL COURT OF COMMON PLEAS OF Cl;i'v1IlI.RL,A:\IJ COU"TY. I'ENNSYLVANI,\ \ 05-5677 CIVIL ACTION LAW TINA MARII, KAUFFMAN Ie.: ( L,S nmy 1)1.1'1"1 ),\"1 ORDER OF COURT \\Il \0\\. Wednesday,_ i'iovember 09, 200S upon consideration or the Jttached Complaint, it is herchy-' directed that parties and their n.:.:'spectivl' counsel appear hcJl.Jrc .Jacqueline M. Verne)', Esq. . the conciliator, at 4th Flo?El~~~!l~erland C~!:l_~_~!yC?~~~~?_lI~~' Carlisle 011 Tuesday, December 06, 200S al 8:30 AM for a Pre-llearing Custody Conl\:rcncc. At sllch con terence, an effort \vill be made If) resolve the issLles in dispute: or if this l',mnot he accomplished. to dcllne and nHrnl\\ the issLles tn he heard hy the court and to enter 11110 a temporal';' onkr. :\]1 childrL'n cl!2C five or older lm1\ also he pn:scnl at the conferencc. Failure to arpear at the conference Ill,l\ provide grounds !()r emr) or U ll'lllporary or pL'rmallcllt order. Thl' court herehy directs the partirs to furnish any and alll'xisting Protection from Ahusc ordl'rs. Spl'cial Relief Ordl'fs. and Cus10dy orders to the conciliator.48 hours prior to schcdull'd hearing. HlR 1'IIU(JlKI. Ih. /;i Jacqueline M. Verney, Esq. Custody COllciliator yt(1i rhe Court of COllllllon Pkas of C'ulllbcrland County' is n:quired by law to comply with the Americans with IJisabiliLL's ACI of 1990. For information about accessible facilities and reasonable accommodations mailahk to disahled indi\iduals having husinL'ss heforL' tht' court, please contact our ollict'. All arrangements mllst hI..' made at least 77.. hours prior to :lIlY hearing or husiness before the court. 'You must attend the sclh:duled conkri.:.'ncc or hearrng. YOU SHOULD TAKE, THIS PAPI':R TO YOUR ATTORNEY AT ONCE, IE YOU DO NOT 11:\ VI A:\ ,\1 TORNE'Y OR CANNOT AI J()RI) ONE:. GO TO OR IIIEPIIONI TilE OFFI('I SET FORTH BfTOW 101,1'.1) OLT WHERE YUU CAN U,T 1.1 GAl. HILI' ('umbcrbnd County Bar .Associatioll :r:~ South fh:'dllm.l Street Carlisle. Pennsylvania [7013 Telepholle (7 I 71249-3166 . ~ ~ fit' - ;-rI4.ir1 .~b/l $ ~JYW ~!i, 5o-b.)1 5" ~~.; Gb;.f'{l Jl bII "1' "",,1 1._".),',\ ').J'Ju . \ \ \J~",j' ,-; ., ',,0 t",'<J . "., _,' 'J'II :)V . "','. ,...,..".\,:,,:,C,O .)\\1- j' ~""1 \\,..y\\"'., -,.- ...(\::''"''\-\ ,'(J .~ ?;~~\~~>,-r '.. ..1 ' - y DE COil 2005 ,,./ ph MICHAEL J. KAUFFMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2005-5677 CIVIL ACTION - LAW TINA M. KAUFFMAN, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this \2lt. dayof De..c{-.lorJ , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1, The Father, Michael J. Kauffman, and the Mother, Tina M. Kauffman, shall have shared legal custody of Michael James Kauffman, II, born September 2, 1998. 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. 2. Mother shall have primary physical custody of the child. 3. When not incarcerated, Father shall have periods of partial physical custody as follows: A. Father shall have custody of the child on alternating weekends on Saturday from 12:00 p.m. to 7:00 p.m. and on Sunday from 12:00 p.m. to 7:00 p.m. B. On the week that Father does not have his weekend custodial periods, Father shall have custody of the child on two days to be mutually determined by the parties from after school at 4:30 p.m. to 7:00 p.m. 4. Mother and Father will agree upon the exchange locations. 5. Father shall have custody of the child from 7:00 a.m. to 12:00 p.m. on Christmas Day. Custodial periods for all other holidays shall be determined by the mutual agreement of the parties. 6. Mother and Father shall notify each other of all medical care the child receives while in the parent's care. Mother and Father will notify the other as soon as possible of medical emergencies which arise while the child is in that parent's care. "j I,', 7. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. This includes, but is not limited to any disparaging remarks made by either party or third party about the other parent in the presence of the child. 8. Neither party may consume alcoholic beverages or illicit substances in the presence of the child. 9. This Order is entered pursuant a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ~ cc~a Holst, Esquire, Mid Penn Legal Services, Counsel for Father t-Kngel Revelant, certified legal intern Lucy Johnston-Walsh, Esquire, Family Law Clinic, Counsel for Mother ~ ~ '1 -0:) 1 ').,1../ UEG I) 8 2005 ILr"" MICHAEL J. KAUFFMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 2005-5677 CIVIL ACTION - LAW TINA M. KAUFFMAN, Defendant : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Michael James Kauffman, 11 September 2, 1998 Mother 2. A Conciliation Conference was held in this matter on December 6, 2005, with the following individuals in attendance: Father's counsel, Jessica Holst, Esquire, Mid Penn Legal Services, and Mother, Tina M. Kauffman, with her counsel, Angel Revelant, certified legal intern, Lucy Johnston-Walsh, Esquire, Family Law Clinic. Father is incarcerated and had not communicated with his counsel concerning the matter. 3. Mother proposed the following Order which is recommended to the Court. /J---!,;, '05 Date ~ Iu.j~ . ac eline M. Verney, E~ Custody Conciliator