HomeMy WebLinkAbout05-5756Kristine Deitz,
Plaintiff
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
Kirk Kaufman,
Defendant
NO. 05- -6'1 .5 L CIVIL TERM
CIVIL ACTION - CUSTODY
COMPLAINT FOR CUSTODY
1. Plaintiff is Kristine Deitz, an adult individual whose residence is at 66
West Main Street, Newville, Cumberland County, Pennsylvania.
2. Defendant is Kirk Kaufman, an adult individual whose residence is at 119
November Drive, Apt 6, Camphill, Cumberland County, Pennsylvania.
3. Plaintiff seeks to retain primary physical custody of her child Kobe A.
Kaufman, born January 4, 1999
4.
child's birth.
5.
Name
The child has been in the mother's primary physical custody since the
The child has lived at the following addresses:
Address
Dates
Kobe A. Kaufman 604 S. Spring Garden St, Carlisle, PA January 1999- June 2000
Kobe A. Kaufman 66 West Main St, Newville, PA June 2000- February 2004
Kobe A. Kaufman 24 West Baltimore St, Carlisle, PA February 2004-February 2005
Kobe A. Kaufman 66 West Main St, Newville, PA February 2005 - Present
6. The relationship of the plaintiff to child is that of natural mother.
7. The relationship of the defendant to the child is that of natural father.
8. The plaintiff has not participated as a party or in any other capacity in other
litigation concerning the custody of the child in this or any other Court.
9. Plaintiff has no information of a custody proceeding concerning the child
pending in a Court of this Commonwealth.
10. The best interest and permanent welfare of the child remain for the
natural mother to retain primary physical custody of the child for the following reasons:
a. Kobe has a dedicated bedroom at his mother's residence; however,
Kobe reportedly sleeps on a futon in his father's living room when in
the custody of his father. Kobe does not have a dedicated bed or a
bedroom when in his father's custody.
b. Most exchanges from mother to father occur more frequently than not
between the paternal grandparents and the mother.
c. Kobe attended pre-school in Newville
d. Kobe attended Kindergarten at Newville Elementary School.
e. Kobe attends 1st grade at Newville Elementary School.
f. Newville Elementary School is located directly across the street from
Kobe's current residence. Kobe's friends and close relationships with
children of his age have been established within the neighbor hood
where Kobe has resided for 51/2 years.
g. Kobe has been within the primary physical custody of his mother since
birth.
h. The child has been nurtured, fed, cared for and attended by
appropriate health care providers through by the primary efforts of the
natural mother.
i. It is believed and therefore averred that while the child was in the
father's custody, the child has been grilled either by the father or the
paternal grandparents as to where the child would like to reside.
j. The plaintiff, mother, successfully completed a fifteen (15) day drug
rehabilitation in-patient treatment at Roxbury and was discharged from
that treatment. She currently attends outpatient sessions two times as
week for an hour each session at the "Wee Center Ministries".
k. Plaintiff entered Roxbury voluntarily September 14, 2005 for treatment
to eliminate her use of prescribed ativan was discharged on October 1,
2005.
1. Plaintiff continues out patient treatment with a certified drug and
alcohol counselor.
m. Plaintiff continues to provide the necessary care and nurturing to her
son.
n. Defendant has been a stranger to his son during the recent 4-5 years
father attended Slippery Rock University.
o. Defendant has never taken child for health care treatment nor has
defendant attended any education parent/teacher meetings.
p. When the child is in father's custody, the father lacks the child's
wardrobe and retrieves the child's clothes from the paternal
grandparents.
11. The best interest and permanent welfare of the child will be served by
granting the relief requested because the Plaintiff has been the primary care giver since
the child's birth.
12. Each parent whose parental rights to the child have not been terminated
and he person who has physical custody of the child have been named as parties to this
action. No other persons are known to have or claim to have any right to custody or
visitation of the child other than the parties to this action.
WHEREFORE, the plaintiff requests your Honorable Court provide to her
primary physical custody of the child and that the natural father be provided with partial
physical custody constituting every other weekend.
Respectfully Submitted
TURD LAW OFFICES
a
Date
C
Galen R. Waltz, Esqui
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in the foregoing Custody Complaint are true
and correct. I understand that false statements herein are made subject to the penalties
of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
"P
Date Kristine Deitz
CERTIFICATE OF SERVICE
I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of
the Complaint in Custody, upon Steven Fugett, Esquire, by depositing same in the
United States Mail, first class, postage pre-paid on the day of a .? -Je
2005, from Carlisle, Pennsylvania, addressed as follows:
Steven Fugett, Esquire
Law Offices of Eric D. Patrick
240S. 18cn Street
Camp Hill, PA 17011
TURD LAW OFFICES
Galen R. Waltz, uire
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688; FAX 717.245.2165
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KRISTINE DEITZ IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 05-5756 CIVIL ACTION LAW
KIRK KAUFMAN
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, November 10, 2005 , 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, December 13, 2005 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. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: / ]acqueline M. Vemep, Esq. l^?
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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1. Admitted.
2. Admitted.
1. ANSWER
3. No responsive pleading required.
4. Admitted.
5. Admitted in part. By way of further response, it is believed and therefore averred
that Kobe has also lived at the following address at the time indicated:
a. 247 Plaza Drive, Boiling Springs, PA, 17007, during the summer of 2000.
6. Admitted.
7. Admitted.
8. Defendant is without knowledge or information sufficient to form a belief as to
the truth of this averment.
9. Defendant is without knowledge or information sufficient to form a belief as to
the truth of this averment.
10. Denied. By way of further response:
Kristine Deitz,
Plaintiff
V.
Kirk Kaufman,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Docket No. 05-5756
CIVIL ACTION - CUSTODY
DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT FOR CUSTODY and
COUNTERCLAIM
a. Admitted in part and Denied in part. It is admitted that Kobe sleeps on a futon
at his father's residence during Mr. Kaufman's periods of supervision. It is
Denied that Kobe has a room of his own at Ms. Deitz's residence. It is
believed and therefore averred that Kobe shares a bedroom with his half-sister
while at Ms. Deitz's residence.
b. Admitted. By way of further explanation, Mr. Kaufman works until 6:00p.m.
on Fridays. Therefore, Mr. Kaufman's mother picks up Kobe and keeps him
at her house until Mr. Kaufman gets off work and picks Kobe up.
c. Denied. By way of further explanation, Kobe attended the headstart program
in Shippensburg, PA.
d. Denied. By way of further explanation, Kobe began kindergarten at Carlisle
Elementary School.
e. Admitted.
f. Admitted.
g. Admitted.
h. Admitted.
i. Denied. Neither Mr. Kaufman nor his parents have asked Kobe where he
wants to live.
j. Admitted in part and Denied in part. It is admitted that Ms. Deitz spent time
in an inpatient drug rehabilitation program at Roxbury. It is Denied that she
was discharged upon successful completion. It is believed and therefore
averred that Ms. Deitz checked herself out of inpatient treatment prior to its
completion, against medical advice.
k. Defendant is without knowledge or information sufficient to forni a belief as
to the truth of this averment.
1. Defendant is without knowledge or information sufficient to form a belief as
to the truth of this averment.
in. Defendant is without knowledge or information sufficient to form a belief as
to the truth of this averment.
n. Denied. Mr. Kaufman did maintain contact with Kobe while he attended
Slippery Rock University of Pennsylvania. Mr. Kaufman attended college for
four (4) years.
o. Denied. Mr. Kaufman attended Kobe's parent/teacher conference this month.
p. Denied. By way of further explanation, it is admitted that some of Kobe's
clothes are kept at Kobe's paternal grandparents' house. However, Mr.
Kaufman does keep a wardrobe for Kobe at his residence.
It. Denied. By way of further response, it is believed and therefore averred that Ms.
Deitz suffers from the disease of addiction to a controlled substance.
Furthermore, Ms. Deitz is currently engaged to and living with Larry Burkholder
who has a criminal record.
12. Admitted.
V
WHEREFORE, Defendant respectfully requests that This Honorable Court deny
Plaintiff's request to retain primary physical custody.
II. COUNTERCLAIM
13. Paragraphs 1-12 are incorporated herein as if fully set forth.
14. The best interests of the child will be served by granting Kirk Kaufman sole
physical custody of Kobe for the following reasons:
a. Plaintiff suffers from the disease of addiction to Ativan.
b. It is believed and therefore averred that Ms. Deitz checked herself out of
inpatient treatment for her addiction against medical advice.
c. Larry Burkholder, Plaintiff's Fiance, with whom Kobe resides, has an
extensive criminal record involving violence, firearms, dishonesty and drugs,
for which he has spent time in prison, and for which Burkholder remains on
parole.
d. It is believed and therefore averred that Mr. Burkholder has furnished alcohol
to Kobe.
e. It is believed and therefore averred that Mr. Burkholder and Ms. Deitz have
consumed large amounts of alcohol while Kobe was in their custody.
f Mr. Kaufman has applied for and has been approved for, a two bedroom
apartment wherein Kobe will have his own bedroom.
g. Mr. Kaufman is gainfully employed as a fitness trainer.
h. Mr. Kaufman has no drug related issues.
WHEREFORE, Defendant prays that This Honorable Court grant him primary physical
custody of his minor son.
Respectfully submitted,
LAW OFFICES OF ERIC D. PATRICK
Step en 0. Fugett,Esq re
PA Supreme Court ID No. 85643
240 South 18th Street
Camp Hill, PA 17011
Telephone: (717) 737-2390
Facsimile: (717)763-4958
VERIFICATION
I have read the foregoing Answer and Counterclaim and verify that the statements made
therein 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.A. § 4904 relating to
unsworn falsification to authorities.
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Kirk Kaufman, Defendant
CERTIFICATE OF SERVICE
I, Ste hen O. Fugett, Esq., Attorney for Defendant, hereby certify that on the Ii a day
of Zvi , 2005, I served a true and correct copy of Defendant's Answer and
Counterclaim upon the following persons in the manner indicated:
SERVICE BY FIRST-CLASS UNITED STATES MAIL, ADDRESSED AS FOLLOWS:
Galen Waltz, Esq.
Turo Law Offices
28 South Pitt Street
Carlisle, PA 17013
LAW OFFICES OF ERIC D. PATRICK
Stephen O. F?Ygett, Eire
PA Supreme Court ID No. 85643
240 South I8rn Street
Camp Hill, PA 17011
Telephone: (717) 737-2390
Facsimile: (717)763-4958
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JAN 2 U ZUUb,,n
KRISTINE DEITZ, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2005-5756 CIVIL ACTION - LAW
KIRK KAUFMAN,
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this 3 t d day of icaAli q ?I 2006, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The Mother, Kristine Deitz and the Father, Kirk Kaufman, shall have
shared legal custody of Kobe A. Kaufman, born January 4, 1999. 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.
Father shall have periods of partial physical custody of the child as
follows:
A. Beginning Sunday, January 22, 2006, alternating Sundays overnight from
4:30 p.m. to Monday morning. During the school year, Father will
arrange for the child to be transported to school. In the summer, the return
time shall be Monday before 12:00 noon as the parties agree.
B. Beginning, Friday, January 27, 2006, alternating weekends from Friday at
4:30 p.m. to Monday morning. During the school year, Father will
arrange for the child to be transported to school. In the summer, the return
time shall be Monday before 12:00 noon as the parties agree.
4. Transportation shall be shared such that the parties shall meet at the
Walmart in Carlisle for custody exchanges except as otherwise provided herein or as
agreed by the parties.
5. Mother's Day/Father's Day. Mother shall have physical custody of the
child on Mother's Day from 8:00 a.m. to 8:00 p.m. Father shall have physical custody of
the child on Father's Day from 8:00 a.m. to 8:00 p.m.
6. Thanksgiving and Easter shall be shared with one party having physical
custody from 9:00 a.m. to 3:00 p.m. and the other party having physical custody from
3:00 p.m. to 9:00 p.m. as agreed by the parties.
7. Christmas shall be divided into two Blocks. Block A shall be from 12:00
noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from 12:00
noon on Christmas Day to 12:00 noon on December 26. Father shall have physical
custody of the child for Block A in even numbered years and Block B in odd numbered
years. Mother shall have physical custody of the child for Block A in odd numbered
years and Block B in even numbered years.
8. Each party shall be entitled to one uninterrupted week in the summer,
provided they give the other party 30 days prior notice and a telephone number and
location where the child may be reached.
9. Neither parent will do anything nor permit a third party to do anything
which may estrange the child from the other parent, 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.
10. In the event that either party is in need of a babysitter during their period
of custody for more than three hours, they shall notify the other party of the custodial
opportunity in sufficient time so that the non-custodial parent may take advantage of the
opportunity, and offer said period of time to the non-custodial parent.
11. 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,
ccKialen R. Waltz, Esquire, Counsel for Mother
Xephen O. Fugett, Esgu e, Counsel for Father
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JAN i' €1 2Utib
KRISTINE DEITZ, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2005-5756 CIVIL ACTION - LAW
KIRK KAUFMAN,
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:
The pertinent information concerning the Child who is the subject of this
litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Kobe A. Kaufman January 4, 1999 Mother
2. A Conciliation Conference was held in this matter on January 19, 2006,
with the following in attendance: The Mother, Kristine Deitz, with her counsel, Galen R.
Waltz, Esquire, and the Father, Kirk Kaufman, with his counsel, Stephen O. Fugett,
Esquire.
3. The parties agreed to an Order in the form as attached.
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Date acq ine M. Verney, Esquire
Custody Conciliator
KRISTINE DEITZ, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION-LAW
CUSTODY
KIRK KAUFMAN,
Defendant NO. 05 - 5756 CIVIL TERM
PETITION OF JOANN KEENEY TO INTERVENE
Petitioner, Joann Keeney, through her attorneys, the Family Law Clinic, hereby
Petitions to Intervene in the above captioned matter pursuant to Pa.R.C.P. 2327(3), and
avers in support thereof as follows:
1. The instant matter is a custody action concerning the custody of Kobe
Kaufman (hereinafter "the child"), born January 4, 1999.
2. Petitioner is Joann Keeney, the child's maternal grandmother (hereinafter
"Grandmother"), who currently resides at 231 A York Road, Carlisle, PA, 17013.
3. Respondent is Kristine Deitz, the child's mother (hereinafter "Mother")
who currently resides at 66 West Main Street, Mechanicsburg, PA, 17050.
4. Respondent is Kirk Kauffinan, the child's father (hereinafter "Father"),
who currently resides at 805 Ross Avenue, New Cumberland, PA 17070.
5. On January 23, 2006, this Court entered a Custody Order granting Mother
and Father shared legal custody of the Child. The Order gave Mother primary physical
custody subject to Father's periods of partial custody. A copy of the Order is attached
hereto as Petitioner's "Exhibit A," and is incorporated herein by reference.
6. Shortly after the entry of the Court Order, Mother and Father agreed that it
would be in the child's best interest for Father to have primary physical custody of the
child. According, the child began residing with Father sometime early in 2006, although
neither party moved the Court to amend the January 23, 2006 Order.
7. Grandmother believes that permitting her to intervene in this custody
action to seek reasonable periods of partial physical custody would be in the child's best
interest because:
a. The child and Mother resided with Grandmother during the first three
years after his birth. During this time, Grandmother fed, bathed, cared,
and provided for the child as a parent would.
b. Grandmother developed a strong bond and relationship with the child
which continued after the child and Mother moved out of
Grandmother's home.
c. After Mother and the child moved out of Grandmother's home,
Grandmother continued to see the child several times a week until the
child moved in with Father in 2006.
d. Grandmother has attempted to contact Father and Father's parents on
several occasions about seeing or talking to the child. Father has
either ignored or refused these requests.
e. Since approximately early 2007, Father has refused to allow the
maternal family any contact with the child.
f. It is in the child's best interest to maintain contact and a connection
with his maternal family.
8. Pursuant to 23 Pa.C.S. §5313(a), Grandmother has standing to bring this
action as the child lived with her for a period of 12 months or more. Grandmother also
has standing as she acted in loco parentis for a period of approximately 36 months.
9. Pursuant to 23 Pa.C.S. §5422 of the U.C.C.J.E.A., this court has
continuing exclusive jurisdiction in the matter as it has ruled in this matter previously and
Mother continues to live in Cumberland County, Pennsylvania.
10. A copy of the Petition for Partial Custody is attached hereto as Petitioner's
"Exhibit B," and is incorporated herein by reference.
11. Pursuant to C.C.R.P. 208.2(d), concurrence of opposing counsel, Stephen
0. Fugett, Esquire, counsel for Respondent Kirk Kaufinan, was sought and he stated that
he no longer represents Mr. Kaufman. Concurrence of opposing counsel, Galen R.
Waltz, Esquire, counsel for Respondent Kristine Deitz, was sought and he states that he
no longer represents Ms. Deitz.
12. The Honorable Judge M.L. Ebert has previously ruled in this matter.
WHEREFORE, Petitioner respectfully requests that the Court enter an Order allowing
her to intervene as a parry in this matter and scheduling a custody conciliation.
Respectfully Submitted,
G
Sarah Rosko
Certified Legal Intern
1"14,( 40 ?
Robert . Rains
Megan Riesmeyer
Supervising Attorney
Counsel for Joann Keeney
Family Law Clinic
45 North Pitt Street
Carlisle, PA 17013
Phone: (717) 243-2968
Fax: (717) 243-3639
VERIFICATION
I verify that the statements made in this Petition are true and correct. I understand that
false statements herein are subject to the penalties of 18 Pa.C.S. §4904 relating to
unsworn falsification to authorities.
Date:
Joann Keeney := -
CERTIFICATE OF SERVICE
I, Sarah Rosko, Certified Legal Intern, the Family Law Clinic, hereby certify that I
am serving a true and correct copy of a Petition to Intervene on the following persons by
first class U.S. Mail, postage prepaid, this do 4 day of 12009:
!J
Kristine Deitz
66 West Main Street
Mechanicsburg, PA, 17050
and
Kirk Kauffman
805 Ross Avenue
New Cumberland, PA 17070
Sarah Rosko
Certified Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
Exhibit n
5
JAN 2 0 20UI; n
KRISTINE DEITZ, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2005-5756 CIVIL ACTION - LAW
KIRK KAUFMAN,
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this 13 f4 day of ?c1v?v , 2006, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The Mother, Kristine Deitz and the Father, Kirk Kaufman, shall have
shared legal custody of Kobe A. Kaufman, born January 4, 1999. 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.
Father shall have periods of partial physical custody of the child as
follows:
A. Beginning Sunday, January 22, 2006, alternating Sundays overnight from
4:30 p.m. to Monday morning. During the school year, Father will
arrange for the child to be transported to school. In the summer, the return
time shall be Monday before 12:00 noon as the parties agree.
B. Beginning, Friday, January 27, 2006, alternating weekends from Friday at
4:30 p.m. to Monday morning. During the school year, Father will
arrange for the child to be transported to school. In the summer, the return
time shall be Monday before 12:00 noon as the parties agree.
4. Transportation shall be shared such that the parties shall meet at the
Walmart in Carlisle for custody exchanges except as otherwise provided herein or as
agreed by the parties.
5. Mother's Day/Father's Day. Mother shall have physical custody of the
child on Mother's Day from 8:00 a.m. to 8:00 p.m. Father shall have physical custody of
the child on Father's Day from 8:00 a.m. to 8:00 p.m.
E"K. A
6. Thanksgiving and Easter shall be shared with one party having physical
custody from 9:00 a.m. to 3:00 p.m. and the other party having physical custody from
3:00 p.m. to 9:00 p.m. as agreed by the parties.
7. Christmas shall be divided into two Blocks. Block A shall be from 12:00
noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from 12:00
noon on Christmas Day to 12:00 noon on December 26. Father shall have physical
custody of the child for Block A in even numbered years and Block B in odd numbered
years. Mother shall have physical custody of the child for Block A in odd numbered
years and Block B in even numbered years.
8. Each party shall be entitled to one uninterrupted week in the summer,
provided they give the other party 30 days prior notice and a telephone number and
location where the child may be reached.
9. Neither parent will do anything nor permit a third party to do anything
which may estrange the child from the other parent, 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.
10. In the event that either party is in need of a babysitter during their period
of custody for more than three hours, they shall notify the other party of the custodial
opportunity in sufficient time so that the non-custodial parent may take advantage of the
opportunity, and offer said period of time to the non-custodial parent.
11. 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,
U
ccP glen R. Waltz, Esquire, Counsel for Mother
v<ephen O. Fugett, Esg . e, Counsel for Father
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JAN 2 o nub
KRISTINE DEITZ, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2005-5756 CIVIL ACTION - LAW
KIRK KAUFMAN,
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:
I . The pertinent information concerning the Child who is the subject of this
litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Kobe A. Kaufman January 4, 1999 Mother
2. A Conciliation Conference was held in this matter on January 19, 2006,
with the following in attendance: The Mother, Kristine Deitz, with her counsel, Galen R.
Waltz, Esquire, and the Father, Kirk Kaufman, with his counsel, Stephen O. Fugett,
Esquire.
3. The parties agreed to an Order in the form as attached.
Date acq ine M. Verney, Esquire 17
Custody Conciliator
JOANN KEENEY,
Plaintiff
vi.
KIRK KAUFMAN,
KRISTINE DEITZ
Defendants
KRISTINE DEITZ,
Plaintiff
V.
KIRK KAUFMAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
Exhibit
NO. 05-5756 CIVIL TERM
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
CUSTODY
NO. 05 - 5756 CIVIL TERM
PETITION FOR PARTIAL CUSTODY
The plaintiff, Joann Keeney, by her attorneys, the Family Law Clinic, sets forth the
following cause of action in custody.
1. Petitioner is Joann Keeney, residing at 231A York Road, Carlisle, Cumberland! County,
Pennsylvania 17013.
2. Plaintiff is Kristine Deitz, residing at 66 West Main Street, Mechanicsburg,
Cumberland County, Pennsylvania, 17050.
3. Defendant is Kirk Kaufman, residing at 805 Ross Avenue, New Cumberland, York
County, Pennsylvania 17070.
4. Petitioner seeks partial physical custody of:
Name Present Residence Age
Kobe Kaufman 805 Ross Avenue, 01/04/99
New Cumberland, Pennsylvania
The child was born out of wedlock.
The child is presently in the custody of Kirk Kaufman, who resides at 805 Ross
Avenue, New Cumberland, York County, Pennsylvania.
Exhibit- -13
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During the past five years the child has resided with the following persons at the
following addresses:
Persons Address
Kirk Kaufman 805 Ross Avenue
New Cumberland, PA 17070
Kristine Deitz 66 West Main Street
Mechanicsburg, PA 17050
The mother of the child is Kristine Deitz.
She is single.
The father of the child is Kirk Kaufinan.
Dates
2006- present
2004-2006
He is single.
5. The relationship of plaintiff to the child is that of maternal grandmother. The plaintiff
currently resides with the following persons:
Name
Relationship
6. The relationship of defendant Kirk Kaufmann to the child is that of father. The
defendant currently resides with the following persons:
Name
Kobe Kaufmann
Relationship
Son
7. The relationship of defendant Kristine Deitz to the child is that of mother. The
defendant currently resides with the following persons:
Name
Larry Burkholder
Trinity Burkholder
Lily Burkholder
Chance Haylo Burkholder
Relationship
Boyfriend
Daughter
Daughter
Son
8. 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 another court.
Plaintiff has no information of another custody proceeding concerning the child
pending in a court of this Commonwealth, or any other state.
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.
9. The best interest and permanent welfare of the child will be served by granting the
relief requested because:
a. The child and Mother resided with Grandmother during the first three years
after his birth. During this time, Grandmother fed, bathed, cared, and
provided for the child as a parent would.
b. Grandmother developed a strong bond and relationship with the child which
continued after the child and Mother moved out of Grandmother's home.
c. After Mother and the child moved out of Grandmother's home,
Grandmother continued to see the child several times a week until the child
moved in with Father in 2006.
d. Grandmother has attempted to contact Father and Father's parents on
several occasions about seeing or talking to the child. Father has either
ignored or refused these requests.
e. Since approximately early 2007, Father has refused to allow the maternal
family any contact with the child.
f. It is in the child's best interest to maintain contact and a connection with his
maternal family.
10. Pursuant to 23 Pa.C.S. §5313(a), Grandmother has standing to bring this action as the
child lived with her for a period of 12 months or more. Grandmother also has standing
as she acted in loco parentis for a period of approximately 36 months.
11. Pursuant to 23 Pa.C.S. §5422 of the U.C.C.J.E.A., this court has continuing exclusive
jurisdiction in the matter as it has ruled in this matter previously and Mother continues
to live in Cumberland County, Pennsylvania.
12. Each parent whose parental rights to the children have not been terminated and the
person who has physical custody to the child have been named as parties to this action.
13. Pursuant to C.C.R.P. 208.2(d), concurrence of opposing counsel, Stephen O. Fugett,
Esquire, counsel for Respondent Kirk Kaufinan, was sought and he stated that he no
longer represents Mr. Kaufman. Concurrence of opposing counsel, Galen R. Waltz,
Esquire, counsel for Respondent Kristine Deitz, was sought and he states that he no
longer represents Ms. Deitz.
14. The Honorable Judge M.L. Ebert has previously ruled in this matter.
WHEREFORE, plaintiff requests the court to grant her reasonable periods of
partial physical custody of the child, with the father having primary physical custody.
Respectfully submitted,
Date:
Sarah Rosko
Certified Legal Intern
THOMAS M. PLACE
ROBERT E. RAINS
LUCY JOHNSTON-WALSH
ANNE MACDONALD-FOX
MEGAN RIESMEYER
Supervising Attorneys
Counsel for Joann Keeney
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
VERIFICATION
I verify that the statements made in this Petition are true and correct. I understand that
false statements herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
Date:
Joann Keeney
v
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KRISTINE DEITZ, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
KIRK KAUFMAN,
Defendant NO. 05-5756 CIVIL TERM
IN RE: PETITION OF JOANN KEENEY
TO INTERVENE
ORDER OF COURT
AND NOW, this 2°d day of June, 2009, upon consideration of the Petition of
Joann Keeney To Intervene, a Rule is hereby issued upon Plaintiff and Defendant to
show cause why the relief requested should not be granted.
RULE RETURNABLE within 20 days of service.
BY THE COURT,
Family Law Clinic
45 North Pitt Street
Carlisle, PA 17013
Attorneys for Petitioner
Kristine Deitz
66 West Main Street
Mechanicsburg, PA 17050
Plaintiff
--- Kirk Kauffman
805 Ross Avenue
New Cumberland, PA 17070
Defendant
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KRISTINE DEITZ, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION-LAW
CUSTODY
KIRK KAUFMAN,
Defendant NO. 05 - 5756 CIVIL TERM
AFFIDAVIT OF SERVICE
I, Sarah Rosko, Certified Legal Intern, Family Law Clinic, hereby certify that I served a
true and correct copy of the June 2, 2009 Order of Court on Kirk Kauffman at his two last known
addresses: 1344 Sconsett Way, New Cumberland, PA 17070 and 305 Ross Ave, Apt. F, New
Cumberland, PA 17070 by United States mail, first class on June 5, 2009.
I verify that the statements made in this Affidavit of Service are true and correct to the best
of my personal knowledge and belief I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities.
Date: y?J? '
Sarah Rosko
Certified Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
FILED-OFRCE
OF THE PRO' HOINIIOTARY
2009 JUN - 8 AM 1 ! ; 5 5
PE NNS',!-WA?JIA
KRISTINE DEITZ, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION-LAW
CUSTODY
KIRK KAUFMAN,
Defendant NO. 05 - 5756 CIVIL TERM
AFFIDAVIT OF SERVICE
I, Sarah Rosko, Certified Legal Intern, Family Law Clinic, hereby certify that I served a
true and correct copy of the June 2, 2009 Order of Court on Kristine Deitz at 236 N. Baltimore
Ave., Apt 2, Mount Holly Springs, PA 17065 by United States mail, first class on June 5, 2009.
I verify that the statements made in this Affidavit of Service are true and correct to the best
of my personal knowledge 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: +P
Sarah Rosko
Certified Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
OF THE PRUPONOTARY
2009 JUN -8 AM f t : 5 5
'UNTY
PEN, ' rYA L#1A
P. Richard Wagner, Esquire
Attorney ID No. 23103
Mancke, Wagner, Spreha & McQuillan
2233 North Front Street
Harrisburg, PA 17110
Telephone (717) 234-7051
Fax (717) 234-7080
Attorney for Defendant
KRISTINE DEITZ,
Plaintiff
V.
KIRK KAUFMAN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY
NO. 05-5756 CIVIL TERM
ANSWER TO PETITION TO INTERVENE
AND NOW, comes the defendant, Kirk Kaufman, by and through his attorneys
and files the following Answer To Petition To Intervene as follows:
1. Admitted.
2. Admitted.
3. Admitted; except that defendant is unaware of the current address for
Kristine Deitz.
4. Admitted; except the correct spelling of Kauffman is `Kaufman' and his
current address is 1344 Sconsett Way, New Cumberland, Pennsylvania.
5. Admitted in part and denied in part. It is admitted there as a Court Order in
January 2006, however, that Order has been drastically changed since that time,
specifically changed August 23, 2007, in which the defendant was given sole legal
custody and sole physical custody of the child.
6. Denied in part. Shortly after the entry of the Order, it is agreed that Father
got primary custody, however, it was a result of suspected child abuse by the Mother
which resulted in the Court Order set forth in Paragraph 5 above.
7. Denied. It is denied that the intervention of the Grandmother would be in the
best interest of the child. It is further denied that the Grandmother has had any contact
with the child in last at least two years, it is further denied that Grandmother has a
strong bond and relationship with the child. It is further denied that the Grandmother
has had contact with the child in the last two year period and it is further denied that the
child's best interest would be maintained by contact with the Grandmother.
8. Denied. It is denied that the Grandmother has standing to bring this action
as she has had no contact with the child in the last two years.
9. Admitted.
10. Admitted. It is admitted that there is a petition attached, however, it is
denied that the Petitioner/Grandmother has standing to intervene in the custody action.
11. Records will reveal that Respondent/Kirk Kaufman has been represented by
the undersigned for which no concurrence was sought nor any contact made.
12. Admitted.
-2-
WHEREFORE, Respondent/Defendant requests the Court to dismiss the
Petition of Joann Keeney to Intervene.
Respectfully submitted,
MANCKE, WAGNER, SPREHA & McQUILLAN
F. F cp6rd agner, Esquire
Attor D No. 23103
Attorney for Defendant
2233 North Front Street
Harrisburg, PA 17110
717-234-7051
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Dated:
-3-
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904,
relating to unsworn falsification to authorities.
r
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Date: J i,ar 71
CERTIFICATE OF SERVICE
I, Debra K. Spinner, secretary in the law firm of Mancke, Wagner, Spreha & McQuillan,
do hereby certify that I am this day serving a copy of the foregoing document to the following
persons and in the manner indicated below, which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure, by depositing the same in the United States Mail,
Harrisburg, Pennsylvania, with first class postage, prepaid, and addressed as follows:
Sarah Rosko
Family Law Clinic
45 N. Pitt Street
Carlisle, PA 17013
Debra K. Sp' r, Secretary
Mancke, Wagner, Spreha & McQuillan
2233 North Front Street
Harrisburg, PA 17110
P. Richard Wagner, Esquire
Attorney for Defendant
Date: al d D
22 A E: ?)
KRISTINE DEITZ,
Plaintiff
V.
KIRK KAUFMAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 05-5756 CIVIL TERM
IN RE: PETITION OF JOANN KEENEY
TO INTERVENE
ORDER OF COURT
AND NOW, this 31St day of August, 2009, upon consideration of the Petition of
Joann Keeney To Intervene and of Defendant's Answer to Petition To Intervene, a
hearing is scheduled for Wednesday, October 14, 2009, at 3:00 p.m., in Courtroom No. 1,
Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
amily Law Clinic
45 North Pitt Street
Carlisle, PA 17013
Attorneys for Petitioner
Joann Keeney
,'Zistine Deitz
66 West Main Street
Mechanicsburg, PA 17050
Plaintiff, pro Se
,h'. Richard Wagner, Esq.
2233 North Front Street
Harrisburg, PA 17110
Attorney for Defendant
A
Jl` esley O1 Jr.,
:rc
OF THE RKY7PInINIOTARY
2009 AUG 31 Pill 3: 1
INITY
SYLVANIA
KIRK KAUFMAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL ACTION - LAW
07-4318 CIVIL TERM
KRISTINE DEITZ,
Defendant
KRISTINE DEITZ, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v L ACTION - LAW
KIRK KAUFMAN,
Defendant 05-5756 CIVIL TERM
IN RE: CASES CONSOLIDATED
ORDER OF COURT
AND NOW, this 14th day of October, 2009, pursuant
to an agreement reached in chambers by the representative for
Joanne Keeney in the person of Allison Webber, Certified Legal
Intern, supervised by Thomas Place, Esquire, of the Family Law
Clinic, P. Richard Wagner, Esquire, on behalf of Kirk Kaufman,
and Kristine Deitz, appearing pro se, the actions at Nos. 05-5756
Civil Term and 07-4318 Civil Term are consolidated, and further
filings in this matter shall be at No. 07-4318 Civil Term.
"-< Richard Wagner, Esquire
2233 North Front Street
Harrisburg, PA 17110
For Kirk Kaufman
_,XKristine Deitz, pro se
P.O. Box 1039
Carlisle, PA 17013
,,-<'lison Webber, Certified Legal Intern
Supervised by Thomas Place, Esquire
45 N. Pitt Street
Carlisle, PA 17013
For Joanne Keeney :mae
C36F s Ina ILL
l d/l C. /0f
By the Court,