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HomeMy WebLinkAbout07-1914Mark E. Yohe, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Jennifer R. Yohe, No. ()7 - )q l "I CIVIL Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Mark E. Yohe, residing at 331 Steelstown Road, Newville, Cumberland County, Pennsylvania 17241. 2. The defendant is Jennifer R. Yohe, residing at 331 Steelstown Road, Newville, Cumberland County, Pennsylvania 17241. 3. Plaintiff seeks custody of the following children: Name Present Residence DOB Age Mikayla Yohe 331 Steelstown Road 2-15-98 9 Years Newville, Pa 17241 Tristen Yohe 331 Steelstown Road 11-12-99 7 Years Newville, Pa 17241 The children were not born out of wedlock The children are presently in the custody of Mark E. Yohe and Jennifer R. Yohe, residing at 331 Steelstown Road, Newville, Cumberland County, Pennsylvania 17241. During the past five years, the children have resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Mark & Jennifer Yohe 331 Steelstown Road Newville, Pa 17241 2002 to Present 4. The mother of the children is Jennifer R. Yohe, residing at 331 Steelstown Road, Newville, Cumberland County, Pennsylvania 17241. She is married. The father of the children is Mark E. Yohe, residing at 331 Steelstown Road, Newville, Cumberland County, Pennsylvania 17241. He is married. 5. The relationship of plaintiff to the children is that of Father. The plaintiff currently resides with the following persons. Name Relationship Jennifer R. Yohe Wife Mikayla Yohe Daughter Tristen Yohe Son 6. The relationship of defendant to the children is that of Mother. The defendant currently resides with the following persons. Name Relationship Mark E. Yohe Husband Mikayla Yohe Daughter Tristen Yohe Son 7. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does, not know of a person not a party to the proceedings who has physical custody of the children and claims to have custody or visitation rights with respect to the child. 8. The best interest and permanent welfare of the children will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the children. Plaintiff is best able to provide the care and nurture which the children needs for a healthy development. A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the children are not used in a manipulative fashion. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the children. A Court Ordered determination of custody is required to avoid continued conflict between the parties regarding parental responsibility for custody and support Defendant is engaged in an extra martial affair and is unable to provide a stable and suitable household for the children. WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody subject to structured partial custody by the Defendant. Date: 16, 1 0-T Respectfully submitted, ROMINGER & ASSOCIATES aj-vv? Le ie . Tomeo, Es ire 155 South Hanover S eet Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 200198 Attorney for Plaintiff Mark E. Yohe, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Jennifer R. Yohe, No. CIVIL Defendant IN CUSTODY VERIFICATION I verify that the statements made in this 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. Mark E. Yohe, Plaintiff Mark E. Yohe, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Jennifer R. Yohe, No. CIVIL Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Leslie A. Tomeo, Esquire, attorney for Plaintiff do hereby certify that I this day mailed a copy of the within Custody Complaint upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Jennifer R. Yohe 331 Steelstown Road Newville, Pa 17241. Date: L( Q 0?- Leslie A. Tomeo, squire 155 South Hanov r Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 200198 Attorney for Plaintiff 17 -i ` \ d? -,^71;1 ? =1 ? gl a 0 Mark E. Yohe, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Jennifer R. Yohe, No. 07-1914 CIVIL Defendant IN CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF NOW COMES, Petitioner, Mark E. Yohe, by and through his attorney, Leslie A. Tomeo, Esquire and in support of this Emergency Petition for Special Relief avers as follows: 1. Petitioner is Mark E. Yohe who resides at 331 Steelstown Road, Newville, Cumberland County, Pennsylvania 17241. 2. Respondent is Jennifer R. Yohe, believed to be residing at 651 Easy Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The minor children in question are Mikayla Yohe, age 9, and Tristen Yohe, age 7. 4. On or about April 9, 2007, Petitioner filed a custody complaint with the Cumberland County Prothonotary's office. (Complaint attached as Exhibit "A") 5. A conciliation date has not been set as of today's date. 6. On or about March 25-27, of 2007 it is believed that Respondent moved her residence, along with all of her belongings to 651 Easy Road, Carlisle, Cumberland County, Pennsylvania to reside with her girlfriend. 7. On or about April 10, 2007 the Respondent picked up the children, while Petitioner was at work, and refused to return the children to Petitioner's home which is where the children reside. 8. It is believed and averred that Respondent and her partner are practicing witchcraft called "Wicca" in the residence while the children are present. 9. It is believed she is exposing the children to her new lifestyle and the minor children should not be in such an unsavory environment. 10. Furthermore, Respondent was recently fired from her position as a registered nurse at Carlisle Regional due to alleged drug tampering. 11. She was also placed on administrative leave two (2) previous times before the firing due to alleged drug tampering. 12. Respondent's new partner is a nurse midwife and is believed to supply respondent with prescriptions. 13. Respondent is an admitted self-mutilator and has recently stopped taking prescribed depression medication. 14. Taken as a whole, respondent's life is currently progressing on a downward spiral that will certainly affect the children. 15. Petitioner avers that the exigent circumstances previously mentioned require immediate relief. WHEREFORE, Your Petitioner respectfully requests that this Honorable Court, grant a temporary order granting primary physical custody of the children to the father pending the scheduling of a hearing on the matters alleged herein. Date: 2- O Respectfully submitted, ROMINGER & ASSOCIATES Lie A. Tomeo, squire 155 South Hanov Street Carlisle, PA 1701 (717) 241-6070 Supreme Court ID # 200198 Attorney for Petitioner Mark E. Yohe, Plaintiff V. Jennifer R. Yohe, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 07-1914 CIVIL IN CUSTODY CERTIFICATE OF SERVICE I, Leslie A. Tomeo, Esquire, attorney for Mark E. Yohe, do hereby certify that I this day served a copy of this Emergency Petition for Special Relief upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Jessica R Yohe 651 Easy Road Carlisle, PA 17013 Respectfully submitted, ROMINGER & ASSOCIATES Date: ?2. 0 LleSlie A. Tomeo, squire 155 South Hanov r Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 200198 Attorney for Petitioner J d 0 ?11? n i1 - L ra N N ro -n -n rn t MARK E. YOHE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER R. YOHE DEFENDANT 07-1914 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 12, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, May 11, 2007 at 2:00 PM 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 Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ john. Mangan, r. 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 pa ?+?vw -? -ter ?Ii Go £l h if t•? I!t" I I I C00Z ;i t MARK E. YOHE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. IN CUSTODY JENNIFER R. YOHE, DEFENDANT 07-1914 CIVIL ORDER OF COURT AND NOW, this 17th day of April, 2007, upon consideration of Plaintiff's Emergency Petition for Special Relief and after hearing, IT IS HEREBY ORDERED AND DIRECTED that: 1. Primary physical custody of the children Mikayla Yohe, age 9, and Tristen Yohe, age 7, shall be with the Petitioner Mark E. Yohe. 2. Partial physical custody of the children shall be granted to Jennifer R. Yohe, who will have custody of the children from after school weekdays until 8:00 p.m. The children will be picked up by the Father each evening at a location of one of the parties' family members as agreed upon between the parties. These approved transfer locations are: Amos and Deb Yohe 48 Fry Road Newville, PA 17241 Nancy Barkley Helen Rotz 651 Easy Road Carlisle, PA 17013 Robert James Ludwig, Jr. Dolly Ludwig 226 Greenhill Road Newville, PA 17241 Jaime Bowen Brad Bowen 1271 McClure's Gap Road Carlisle, PA 17013 3. Jennifer R. Yohe will be granted custody of the children every other weekend from after school until 6:00 p.m. on Sunday beginning Friday, April 27, 2007. 4. The children shall not remain overnight at the apartment of Karen Kirby. - . 5. During the periods of weekend custody, the party having custody shall allow the other parent to speak with each child telephonically at least once each day. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. By the Court, v M. L. Ebert, Jr., J. Leslie A. Tomeo, Esquire Attorney for Plaintiff Stephanie Chertok, Esquire Cindy L. Hribal, Esquire Attorney for Defendant bas } C 1 ? ?? --{'_ r r?"S ,?' -, t"f ` .- z.; ?s? :?? ? ; ..?- _ J ..-- _-. °.? t 1?,.^? :.,r. ?. ?r STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-8749 CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 202325 61 West Louther Street Carlisle, PA 17013 Attorneys for Defendant MARK E. YOHE, Plaintiff V. JENNIFER R. YORE, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1914 IN CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF NOW COMES, Petitioner Jennifer R. Yohe, by and through her attorneys, Stephanie E. Chertok, Esquire and Cindy L. Hribal, Esquire, and in support of this Emergency Petition for Special Relief avers the following: 1. Petitioner Jennifer R..Yohe, who resides at 17 East High Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent Mark E. Yohe, believed to be residing at 48 Fry Road, Newville, Cumberland County, Pennsylvania 17241. 3. There are two minor children in question, Mikayla Yohe, age 9, and Tristen Yohe, age 7. 4. Petitioner has rented a three bedroom house located at 16 Carlton Ave., Carlisle, Cumberland County, Pennsylvania 17013. 5. Petitioner shall move in on the weekend of April 27, 2007. 6. The house is sufficient to allow each minor child to have their own bedroom. 7. A hearing was held in front of the Honorable Judge Ebert on Monday, April 16, 2007 on the Emergency Petition of Respondent, Mark E. Yohe. 8. The Honorable Judge Ebert issued an Order stating that primary physical custody was given to Father with Mother having visitation every weekday after school until 8:00 p.m. at which time the Father is to pick up the children each evening at one of four approved transfer locations as agreed upon by the parties. A copy of the Order is attached hereto and incorporated by reference as Exhibit A. 9. The parties were to have alternating weekends of custody starting with Father's weekend April 20, 2007. 10. On or about April 17, 2007, Respondent delivered to Petitioner a letter, detailing when Petitioner was allowed to see the minor children during the week due to his work schedule. A copy of the letter is attached hereto and incorporated by reference as Exhibit B. 11. This letter was in direct violation of the Custody Order the Honorable Judge Ebert issued during the hearing on April 16, 2007. 12. Additionally, on April 17, 2007, Respondent caused to be filed a Petition for Protection from Abuse for himself and the parties' two minor children. A copy of the Petition for Protection from Abuse is attached hereto and incorporated by reference as Exhibit C. 13. The allegations alleged in Respondents Petition for Protection from Abuse were already heard by the Honorable Judge Ebert through extensive testimony at the Emergency Hearing held on April 16, 2007. Respondent even testified that he did not believe Petitioner was a threat to their minor children. 14. Due to the Temporary Order for Protection from Abuse included in the Petition, Petitioner is not allowed to see her children until the hearing date of April 25, 2007. 15. Respondent directly violated the Honorable Judge Ebert's Custody Order by ignoring his ruling that neither parent was a danger to the minor children. 16. Additionally, during Petitioner's custody of the children on Wednesday, April 18, 2007, Petitioner was in the parking lot of her apartment and saw Respondent drive by. 17. Petitioner was then informed that around 5:30 p.m. Respondent contacted Petitioner's father to find out if Petitioner and the children were there. When Petitioner's father said they were not there, Respondent answered that he knew that because he saw Petitioner's car in the parking lot of her apartment and that Petitioner was not allowed to be there. MARK E. YOHE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : IN CUSTODY JENNIFER R. YORE, DEFENDANT 07-1914 CIVIL ORDER OF COURT AND NOW, this 17th day of April, 2007, upon consideration of Plaintiff's Emergency Petition for Special Relief and after hearing, IT IS HEREBY ORDERED AND DIRECTED that: 1. Primary physical custody of the children Mikayla Yohe, age 9, and Tristen Yohe, age 7, shall be with the Petitioner Mark E. Yohe. 2. Partial physical custody of the children shall be granted to Jennifer R. Yohe, who will have custody of the children from after school weekdays until 8:00 p.m. The children will be picked up by the Father each evening at a location of one of the parties' family members as agreed upon between the parties. These approved transfer locations are: Amos and Deb Yohe 48 Fry Road Newville, PA 17241 Nancy Barkley Helen Rotz 651 Easy Road Carlisle, PA 17013 Robert James Ludwig, Jr. Dolly Ludwig 226 Greenhill Road Newville, PA 17241 Jaime Bowen Brad Bowen 1271 McClure's Gap Road Carlisle, PA 17013 3. Jennifer R. Yohe will be granted custody of the children every other weekend from after school until 6:00 p.m. on Sunday beginning Friday, April 27, 2007. 4. The children shall not remain overnight at the apartment of Karen Kirby. 5. During the periods of weekend custody, the party having custody shall allow the other parent to speak with each child telephonically at least once each day. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. By the Court, M. L. Ebert, Jr., J. Leslie A. Tomeo, Esquire Attorney for Plaintiff Stephanie Chertok, Esquire Cindy L. Hribal, Esquire Attorney for Defendant bas Y FROM R t T r W WMW, I here u1b set my tare ' of said Ceurl at carw Pa. :? f 0'4tt ?Oarv EXHIBIT B -web • ..j l ?„1 c?, ?-- ? ? 1 ? ?G.\c.? 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G.7 c t c,n rho r ? 6n f C a?r•q,r ? ? ?-f1 c? a? ce.)c.ctkfp ?/'h rv,:?s !? ?'lk. ? a?yc?? l ?ccct be . w, / 1 al pcu need ?u ko 6R/,.; CJ+I L f CLrr-G.<-) cn? 5 ?? ??cSts _ ?n .30 . _Locckt-oC16 1 N t d v e- r; ; c o J, crr `!'F, PJ X a rr? cr11 0-1 c.n Lj c,nd 01.1 ?c Vovr. CM goer Gar. A t 5c, vs1? a b,115 . '4?'• 5 kou.bc. &r c. Lfau p.°,<,l-t,05 t)hu} _ 7' ?.?1 1.L, p i-lvu t,) jo-rmcd ur 4'he tc?ctb X clvc Crew) .?o?a? .cm , ..C.1( CCr ?ad loc ?OCCO u.5 w i 11 n c c.c/ f? So ?h ? au gG?. ?h c ?r?J y yrs. EXHI$IT C Mark Eugene Yohe, Plaintiff V Jennifer Rebecca Yohe, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - CIVIL TERM - LAW PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL order may be entered against you granting the relief requested in the petition. In particular, you may be evicted from your residence, be prohibited from possessing any firearm, other weapon, ammunition or any firearm license, and lose other important rights, including custody of your children. Any protection order granted by a court may be considered in subsequent proceedings under Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, including child custody proceedings under Chapter 53 (relating to custody). / ,4 r A hearing on the matter is sched d or the day of 2007, at .1' 3e, 0 -rn , with Judge 1{., in Courtroom No. on the 4 Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. You MUST obey the order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this order, the police or sheriff may arrest you. Violation of this order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa C.S.A. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18. U.S.C. §2265, this order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this order, you may be subject to federal criminal proceedings under the Violence Against Women Act. 18 U.S.C. §2261-2262. If this order directs you to relinquish any firearm, other weapon, ammunition or any firearm license to the sheriff, you may do so upon service of this order. As an alternative, you may relinquish any firearm, other weapon, or ammunition listed herein to a third party provided you and the third party first comply with all requirements to obtain a safekeeping permit. You must relinquish any firearm, other weapon, ammunition or any firearm license listed herein no later than 24 hours after service of the order. Failure to timely relinquish any firearm, other weapon, ammunition or any firearm license shall result in a violation of this order and may result in criminal conviction under the Uniform Firearms Act, 18 Pa. C.S.A.§6105. NOTICE: Even if this order does not direct you to relinquish firearms, you maybe subject to federal firearms prohibitions and federal criminal penalties under 18 U.S.C. §922(g)(8). YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. 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. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 Distribution to: Legal Services Faxed & Mailed to PSP iThis verifies that the above document is on file with the Cumberland County Office of the Prothonotary.' Mark Eugene Yohe, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PEN-TNTSYLVANIA V. Jennifer Rebecca Yohe, Defendant : No. 2007 - CIVIL ACTION - LAW PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Jennifer Rebecca Yohe Defendant's Date of Birth is: November 19, 1974 Name(s) of All protected persons, including Plaintiff and minor children: 1. Mark Eugene Yohe 2. Mikayla Marie Yohe 3. Tristen Robert Eugene Yohe AND NOW, on 17th Day of April, 2007 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiffs request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant is evicted and excluded from the residence at: 331 Steeltown Road Newville PA or any other permanent or temporary residence where Plaintiff or any other person protected under this order may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this order. 3. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other protected person under this order either directly or indirectly, at any location, including but not limited to any contact at Plaintiffs or other protected party's school, business, or place of employment. 4. Defendant shall not contact Plaintiff, or any other person protected under this order, by telephone or by any other means, including through third persons. 5. The following additional relief is granted: - Defendant is prohibited from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. - Defendant shall not damage, destroy, or dispose of in any manner, any property owned jointly by the parties or solely by the plaintiff. 6. A certified copy of this order shall be provided to the sheriff or police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State Police Carlisle Borough Police Department 7. The sheriff, police or other law enforcement agencies are directed to serve Defendant with a copy of the petition, any order issued, and the order for hearing. Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. 8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL APRIL 17, 2010 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S.A. §6114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.A. §6113. If Defendant is required to relinquish any firearms, other weapons or ammunition or any firearm license, those items must be relinquished to the sheriff within 24 hours of the service of this order. As an alternative, Defendant may relinquish any firearm, other weapon or ammunition listed herein to a third party provided Defendant and the third parry first comply with all requirements to obtain a safekeeping permit. Defendant is further notified that violation of this order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C.§§2261-2262. NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS This order shall be enforced by the police department or sheriff who has jurisdiction over Plaintiffs residence OR any location where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of this order, Defendant shall be arrested on the charge of indirect criminal contempt. An arrest for violation of this order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of a police officer or sheriff. Subsequent to an arrest, the law enforcement officer or sheriff shall seize all firearms, other weapons and ammunition in Defendant's possession. Any firearm, other weapon, ammunition or any firearm license must be delivered to the sheriffs office of the county which issued this order, which office shall maintain possession of the firearms, other weapons and ammunition until further order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer or sheriff made the arrest. BY THE COURT: Judge Date Distribution to: Legal Services Faxed & Mailed to PSP sr L w? RECO, whe v-ty?. heave urb set My hu a C P. C of, S? m?` HAD Number: US2719035E Mark Eugene Yohe, Plaintiff V. Jennifer Rebecca Yohe, Defendant : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA No. 2007 - y`Z / CIVIL ACTION - LAW PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff s name is: Mark Eugene Yohe 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Mark Eugene Yohe b. Mikayla Marie Yohe c. Tristen Robert Eugene Yohe 4. Plaintiffs Address is : 331 Steeltown Rd., Newville, PA 17241 5. Defendant's Name is: Jennifer Rebecca Yohe 6. Defendant is believed to live at the following address: 17 W. High Street, Carlisle, PA 17013 7. Defendant's Date of Birth is: November 19, 1974 8. Defendant's Place of Employment is: unemployed 9. Defendant is an adult. 10. The relationship between Plaintiff and Defendant is: Spouse Parents of the same children 11. Plaintiff and Defendant have been involved in the following court actions: a. Divorce b. Custody 12. Other details of the court action are: Cumberland County Court of Common Pleas No. 2007-1911 Divorce Cumberland County Court of Common Pleas No. 2007-1914 Custody Judge Edward E. Guido 13. Defendant has not been involved in a criminal court action. 14. Plaintiff and Defendant are the parents of the following minor child/ren: a. Mikayla Marie Yohe Age.9 Child's address is: 331 Steeltown Rd. , Newville, PA 17241 b. Tristen Robert Eugene Yohe Age:7 Child's address is: 331 Steeltown Rd., Newville, PA 17241 15. The facts of the most recent incident of abuse are as follows: On about Wednesday, April 11, 2007 at approximately 6:OOPM location: at the couples' residence located on 331 Steeltown Road, Newville, PA Defendant acted in a menacing manner when she threw a camera at the Plaintiff, hitting Plaintiff in the chest. Defendant shoved the Plaintiff while yelling and calling him vile names. As Plaintiff attempted to leave garage area, Defendant jumped on Plaintiff s back continuing to strike Plaintiff. Plaintiff fears for his safety and the safety of his children who witnessed entire event. The Pennsylvania State Police were called and Defendant was asked to leave the residence. 16. (a). Defendant has not used, or threatened to use firearms or other weapons against Plaintiff or the minor child/ren: (b). To the best of my knowledge or belief, Defendant does not own or possess firearms, other weapons, ammunition or a firearm license. 17. The sheriff, police department or law enforcement agency that should be provided with a copy of the protection order are: Pennsylvania State Police Carlisle Borough Police Department 18. There is an immediate and present danger of further abuse from Defendant. 19. Plaintiff is asking the court to evict and exclude Defendant from the following residence: 331 Steeltown Rd., Newville, PA Owned By: Mark and Jennifer Yohe 20. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING. a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. Evict/exclude Defendant from Plaintiff s residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. c. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. d. Prohibit Defendant from having any contact with Plaintiff s relatives and Plaintiff s children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. e. Grant such other relief as Plaintiff requests and/or the court deems appropriate. f. Order the police, sheriff or other law enforcement agency to serve Defendant with a copy of this petition, any order issued, and the order for hearing. Plaintiff will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully submitted, MIDPENN LEGAL SERVICES By: Date: ( f a-7 Ora e E. D'Alo, Attorney for Plaintiff \ Jessica Holst, Attorney for Plaintiff 401 East Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400 VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.§4904, relating to unsworn falsification to authorities. Dated: Mark Eugene Yohe, Plaintiff i STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-8749 MARK E. YOHE, Plaintiff V. JENNIFER R. YORE, Defendant. CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 202325 61 West Louther Street Carlisle, PA 17013 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1914 IN CUSTODY CERTIFICATE OF SERVICE I, Cindy L. Hribal, Esquire, hereby certify that a true and correct copy of the Emergency Petition for Special Relief was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Mark E. Yohe c/o Leslie A. Tomeo, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 Date: Steph ertok, squire Sup. tie I o. 52651 Cindy L. Hribal, Esquire Sup. Ct. ID No. 202325 61 W. Louther Street Carlisle, PA 17013 (717) 249-1177 Attorneys for Petitioner VERIFICATION I, Jennifer R. Yohe, verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. §4904 relating to unsworn falsification to authorities. 4 4k-26fer Date: ? R. Yohe ..s> N Q N TIM ?c D APR 2 3 2007 0 STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-8749 MARK E. YOHE, Plaintiff V. JENNIFER R. YORE, Defendant. CINDY.' L. HRIBAL, ESQUIRE PA Supreme Court ID: 202' 25 61 West Louther Street Carlisle, PA 17013 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1914 IN CUSTODY ORDER OF COURT AND NOW, this day of 0310- , 2007, upon consideration of the following Emergency Petition for Special Relief, hereby schedule a hearing on the matter for the o"?5 day of ! at 3 3U M. at the Cumberland County Courthouse in Courtroom No. in Carlisle, Pennsylvania. J. Cindy L. Hribal, Esquire Leslie Tomeo, Esquire ?. MARK EUGENE YOHE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW NO. 07-1914 CIVIL JENNIFER R. YOHE, IN CUSTODY Defendant IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 25th day of April, 2007, after hearing with regard to the petition for Emergency Relief, and the parties now having agreed to abide by this Court's Order of April 16, 2007, IT IS FURTHER ORDERED AND DIRECTED that the mother will be allowed into the former marital home from 6:00 a.m. on Friday, April 27, 2007, until 6:00 a.m., Sunday, April 29. During said time, father shall not be present at the residence. By the Court, M. L. Ebert, Jr., /eslie Tomeo, Esquire For the Plaintiff ?tephanie Chertok, Esquire C Cindy Hribal, Esquire J T For the Defendant k?e mtf /?3 0 b ,i G : ?? t; y`1,1 L 0 Z Z JUN 1 8 2007 p? MARK E. YOHE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER R. YOHE : No. 07-1914 Civil Term Defendant : ACTION IN CUSTODY COURT ORDER AND NOW, this day of June, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The Father, Mark E. Yohe and the Mother, Jennifer R. Yohe, shall enjoy shared legal custody of Mikayla Yohe, born February 15, 1998 and Tristen Yohe, born November 12, 1999. The parties shall have an equal right 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. 2. The Father, Mark E. Yohe, shall be granted primary physical custody of Mikayla and Tristan Yohe. 3. The Mother, Jennifer Yohe, shall be granted periods of partial physical custody of the children after school weekdays until 8:00 pm and every other weekend from after school Friday until Sunday 6:00 pm. Absent mutual agreement, the Children shall remain in the Big Spring School District. 4. In regard to the Children's summer vacation, starting June 11, 2007, Father shall have custody of the Children Monday and Tuesday, Mother shall have custody Wednesday and Thursday and Father has custody Friday through Sunday. The parties shall reverse this custody arrangement the following week; i.e Mother has custody Monday and Tuesday, Father has Wednesday and Thursday and Mother has Friday through Sunday. 5. In the event that the custodial parry is in need of a babysitter for more than two hours, the custodial parent shall contact the non-custodial parent and offer said babysitting opportunity to the non-custodial parent. 6. Should either Mother or Father desire to take the Children out of state for a day trip or take them on an over-night trip, one week's prior notice shall be given to the other party. 7. Telephone contact between the Children and the non-custodial parent shall be liberal as agreed upon between the parties. brit 8. Holidays: Holidays shall be mutually agreed upon by the parties; in the absence of agreement, the parties shall conduct the holiday schedule as attached. 9. The parties shall mutually agree to the provision of transportation and pick- up/drop-off locations. In the absence of agreement, the terms of paragraph 2 of the Order dated April 17, 2007 shall control. 10. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 11. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. 12. This Order is entered pursuant to 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. A status update Conciliation Conference is tentatively scheduled for August 13, 2007 at 9:00 AM. Cc: eslie A. Tomeo, Esquire ?Xindy L. Hribal, Esquire Stephanie E. Chertok, Esquire. John J. Mangan, Esquire a BY THE COURT, Ak---A ? t-A? J. 0 Ok, w MARK E. YOHE V. Plaintiff JENNIFER R. YOHE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-1914 Civil Term ACTION 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: 1. The pertinent information pertaining to the children who are the subject of this litigation are as follows: Mikayla Yohe, born February 15, 1998 and Tristen Yohe, born November 12, 1999, currently in the shared physical custody of their parents. 2. A Conciliation Conference was held on May 11, 2007 with the following individuals in attendance: The Father, Mark E. Yohe with his counsel, Leslie A. Tomeo, Esquire The Mother, Jennifer R. Yohe, with her counsel, Cindy L. Hribal, Esquire and Stephanie E.'Chertok, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date: June 13, 2007 Jo angan, Esquire Cus d Conciliator HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 6 pm the evening before the Father Mother holiday to 6 pm the day of the holiday Memorial Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holiday Independence Day From 6 pm the evening before the Father Mother holiday to6 m the day of the holiday Labor Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holiday Thanksgiving 1 s From 6 pm the evening before Father Mother Half Thanksgiving Day to 3 pm on Thanksgiving Da Thanksgiving 2n From 3 pm on Thanksgiving Day to Mother Father half 6 m the day after Thanksgiving Da Christmas l s Half From 9 am on 12/24 to 3 pm on Father Mother 12/25 Christmas 2" Half From 3 pm on 12/25 to 3 pm on Mother Father 12/26 Mother's Day From 6 pm the evening before the Mother Mother holiday to 6 pm the day of the holiday Father's Day From 6 pm the evening before the Father Father holiday to 6 pm the day of the holiday v AUG 0 9 2007 n-Q MARK E. YOHE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER R. YOHE : No. 07-1914 Civil Term Defendant : ACTION IN CUSTODY Prior Judge: M. L. Ebert, J. COURT ORDER 1b AND NOW, this l? day of August, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The prior Order of Court dated June 19, 2007 shall remain in full force and effect with the following modifications. 2. In regard to paragraph 2 of the Order dated June 19, 2007, the Father and Mother shall share physical custody of Mikayla Yohe, born February 15, 1998 and Tristen Yohe, born November 12, 1999. 3. In regard to paragraph 3 of the Order dated June 19, 2007, the Mother, Jennifer Yohe, shall be granted periods of physical custody of the children after school weekdays until 8:00 pm and every other weekend from after school Friday until Sunday 6:00 pm. Absent mutual agreement, the Children shall remain in the Big Spring School District. 4. A status update conciliation conference is scheduled for August 13, 2007 at 9:00 am to address whether to continue the 2/2/3 summer schedule into the school year. 5. This Order is entered pursuant to a telephonic conference with the Conciliator and counsel for the parties. 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. Cc: 4orninger and Associates indy L. Hribal, Esquire /ohn J. Mangan, Esquire J BY THE COURT, J. ?,0 C Z :al R o l OnY LQQZ ,tab' Cy 1_ w: -:,Hi 20 a' -.0 MARK E. YOHE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-1914 Civil Term JENNIFER R. YORE Defendant : ACTION IN CUSTODY Prior Judge: M. L. Ebert, J. 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: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Mikayla Yohe, born February 15, 1998 and Tristen Yohe, born November 12, 1999, currently in the shared physical custody of their parents. 2. A telephonic conference was held with the following individuals participating: The Father, Mark E. Yohe with his counsel, Leslie A. Tomeo, Esquire The Mother, Jennifer R. Yohe, with her counsel, Cindy L. Hribal, Esquire. 3. The Honorable M. L. Ebert previously entered an Order of Court dated June 19, 2007 following a conciliation conference. 4. Following the telephonic conference, it was agreed that Mother and Father have shared physical custody. Date: August 9, 2007 John gan, Esquire Cu ody onciliator 100 MARK E. YOHE V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA No. 07-1914 Civil Term JENNIFER: R. YOHE Defendant Prior Judge: M. L. Ebert, J. : ACTION IN CUSTODY COURT ORDER AND NOW, this ld-?day of September, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. This Order is entered pursuant to a Custody Conciliatio Conference. A Custody Hearing is hereby scheduled on the / Dom'" day of 2007 at 4'oa am/pwin Courtroom number -5 in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken. 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 ten days prior to the hearing date. 2. The Father, Mark E. Yohe and the Mother, Jennifer R. Yohe, shall enjoy shared legal custody of Mikayla Yohe, born February 15, 1998 and Tristen Yohe, born November 12, 1999. The parties agree that major non-emergency decisions concerning the children's health, welfare, education and religion shall be made by them' jointly, after.discussion and consultation with the other, with a view toward obtaining and following a harmonious policy in the children's best interest. 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 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. 3. The,Father, Mark E. Yohe,,and the Mother shall share physical custody as follows during the school year: on a two week schedule commencing Friday 8/31/07, Mother. shall have physical custody of the Children after school Friday until Monday morning (9/1/07) whereby she would drop the Children off at school, (with the exception that 9/1/07 is Labor Day). Father has custody of the Children after school Monday (9/1/07) through Thursday morning (9/6/07). Mother has physical custody of the Children Thursday after school (9/6/07) until Friday morning (9/7/07). Father has physical custody of the Children Friday after school (9/7/07) through Monday morning (9/10/07). Mother has Children after school Monday, (9/10/07) through Tuesday morning (9/11/07). Father has Children after school Tuesday (9/11/07) through Friday morning (9/14/07). The second two week cycle begins. as. outlined above and repeated throughout the school year. Additionally; the Mother, Jennifer Yohe, shall be granted periods of physical custody of the children on Father's custodial days after school weekdays until 8:00 pm. Mother is directed to pick the Children up from school and return the Children to father's residence by 8:00 pm. If Father is not working on a weekday, Father shall pick Children up at Mother's residence by 8:00 pm. Should a party be required to deviate from the pick up/drop off time, thirty minutes advance notice is directed. 4. Absent mutual agreement, the Children shall remain in the Big Spring School District. 5. In regard to the Children's summer vacation or school break, Father shall have custody of the Children Monday and Tuesday, Mother shall have custody Wednesday and Thursday and Father has custody Friday through Sunday. The parties `shall reverse this custody arrangement the following week; Le Mother has custody Monday and Tuesday, Father has Wednesday and Thursday and Mother has Friday through Sunday. (a 2/2/3 schedule) 6. In the event that the custodial party is in need of a babysitter for more than two hours Monday through Friday, the custodial parent shall contact the non-custodial parent and offer said;babysitting opportunity to the non-custodial parent. This does. not apply to the weekends. 7. Should either Mother or Father desire to take the Children out of state for a day trip or take them on an over-night trip, one week's prior notice shall be given to the other party. 8. Telephone contact between the Children and the non-custodial parent shall be liberal as agreed upon between the parties. 9. Holidays: Holidays shall be mutually agreed upon by the parties; in the absence of agreement, the parties-shall conduct the holiday schedule per the June 19, 2007 Order. 10. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 11. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development- of the Children's love or affection for the other party. It is specifically directed that neither party shall disparage the other party's significant other in the presence of the Children. 12. Theparties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. 13. Counsel for the parries are directed and allowed to request this matter to be removed from the scheduled hearing date and re-scheduled before the assigned Conciliator. c-? o Cc: 1,arl: Rominger, Esquire ,,Cindy L. Hribal, Esquireq 0.1 ?ohn J. Mangan, Esquire BY THE COURT, J. VINVAIASNN3d M NnC,;:) "-' vI i, fiSV M 8 f =6 WV Z I d3S LOOZ AbVJ0N0%Wd 3Ht ?0 Od MARK E. YOHE Plaintiff V. JENNIFER R. YOHE Defendant Prior Judge: M. L. Ebert, J. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-1914 Civil Term : ACTION IN CUSTODY CONCILIATION CONFERENCE SIT1 BL4 RY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915..3-8(B),,the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Mikayla Yohe February 15, 1998 Father and Mother Tristen'Yohe November 12, 1999 Father and Mother 2. A Conciliation Conference update was held on August 31, 2007 with the following individuals participating: The Father, Mark E. Yohe with his counsel, Karl Rominger, Esquire The Mother, Jennifer R. Yohe, with her counsel, Cindy L. Hribal, Esquire. 3. The Honorable M. L. Ebert previously entered Orders of Court dated June 19, 2007 and August 10, 2007 following a conciliation conference and telephonic conference respectively. 4. Father's position on custody is as follows: Father seeks shared legal custody and shared physical custody as outlined in the June 19, 2007 Order of Court, with Mother having physical custody of the children after school weekdays until 8:00 pm and every other weekend from after school Friday until Sunday 6:00 pm. ` Father would like the Children to have a more stable situation during the school year with the Children spending every weeknight at his residence in order for them to better prepare for school. 5. Mother's: position is as follows: Mother seeks shared legal custody and shared physical custody on a 2/2/3 basis as it was in the summer of 2007. Mother is willing to have the Children continue with their school enrollment and transport,the Children to school every day. Mother states that the Children had adjusted well to the 2/2/3 schedule over the summer and would do well if this schedule continued into the school year. i 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court granting Mother and Father shared legal custody and Mother and Father to share physical custody as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one day. 7. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date: September 4, 2007 Jo J. San, Esquir Cus ody onciliator • ? r STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 202325 61 West Louther Street Carlisle, PA 17013 Attorneys for Defendant MARK E. YORE, Plaintiff V. JENNIFER R. YORE, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1914 IN CUSTODY PETITIONER'S PROPOSED CUSTODY ORDER AND NOW comes the Petitioner, Jennifer R. Yohe, by and through her attorneys, Stephanie E. Chertok, Esquire, and Cindy L. Hribal, Esquire to file her Proposed Court Order, attached hereto, for submission to the Honorable Judge Ebert. Respectfully submitted, Date: /0//,j Ste anie ertok, Esquire Su a Ce6rt I.D. No. 52651 Cindy L. Hribal, Esquire Supreme Court I.D. No. 202325 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 ?' c'3 ,, `,?.' ,?- 4 -' ..-l '` -- _1 MARK E. YOHE, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. IN CUSTODY JENNIFER R. YOHE, : DEFENDANT 07-1914 CIVIL ORDER OF COURT AND NOW, this 18th day of December, 2007, after hearing and conference with counsel, IT IS HEREBY ORDERED AND DIRECTED that: 1. LEGAL CUSTODY: The Father, Mark E. Yohe, and the Mother, Jennifer R. Yohe, shall enjoy shared legal custody of Mikayla Yohe, born February 15, 1998, and Tristen Yohe, born November 12, 1999. The parties shall have an equal right 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. 2. PHYSICAL CUSTODY: The Mother, Jennifer R. Yohe and Father, Mark E. Yohe, shall be granted shared physical custody of Mikayla and Tristen Yohe, pursuant to the following 2/2/3 schedule: A. Mother shall have custody of the children from Monday after school through the beginning of school on Wednesday morning. B. Father shall have custody from Wednesday after school through the beginning of school on Friday morning. C. Mother shall have custody from Friday after school until the beginning of school Monday morning. The parties shall reverse this custody arrangement the following week; beginning with the Father having custody from after school on Monday through the beginning of school on Wednesday morning, etc. When school is not in session, all exchanges will take place at 5:00 p.m. 3. OUT OF STATE DAY TRIPS/OVERNIGHT TRIPS: Should either Mother or Father desire to take the Children out of state for a day trip or take them on an over- night trip, one week's prior notice shall be given to the other party. 4. SUMMER VACATION: During summer vacation, each party shall be provided up to three weeks of vacation time with the Children; however a party cannot have more than two consecutive weeks of vacation with the Children. 5. HOLIDAYS: Holiday custody shall be as follows: Thanksgiving: If Father does not already have physical custody of the children on Wednesday evening he shall have the Children from 9:00 p.m. Wednesday until 3:00 p.m. on Thanksgiving Day, and Mother shall have the Children from 3:00 p.m. until 9:00 a.m. Friday morning, at which time the regular custody schedule shall be back in effect. Christmas: Mother shall have the Children on Christmas Eve Day from 9:00 a.m. until 9:00 p.m. and Father shall have the Children from 9:00 p.m. Christmas Eve until 3:00 p.m. Christmas afternoon, at which time Mother shall have the Children from 3:00 p.m. Christmas afternoon until 9:00 a.m. the following morning, and the regular custody schedule shall go back into effect. New Year's Eve and New Year's Day: Mother shall have the Children from 9:00 a.m. on New Year's Eve (December 31, 2007) until 9:00 a.m. New Year's Day, at which time Father will have the Children from 9:00 a.m. New Year's Day until 9:00 a.m. the following day, at which time the regular custody schedule shall be back in effect. This schedule shall alternate between Mother and Father on a yearly basis. 2 HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 6:00 p.m. the Father Mother evening before the holiday until 6:00 p.m. the day of the holiday Memorial Day From 6:00 p.m. the Mother Father evening before the holiday until 6:00 p.m. the day of the holiday Independence Day From 6:00 p.m. the Father Mother evening before the holiday until 6:00 p.m. the day of the holiday Labor Day From 6:00 p.m. the Mother Father evening before the holiday until 6:00 p.m. the day of the holiday Halloween From 5:00 p.m. to Father Mother 9:00 P.M. Mother's Day From 6:00 p.m. the Mother Mother evening before the holiday until 6:00 p.m. the day of the holiday Father's Day From 6:00 p.m. the Father Father evening before the holiday until 6:00 p.m. the day of the holiday 6. Custodial exchanges shall occur at the Burger King parking lot on High Street in Carlisle. During exchanges, the parties are not to speak to or address one another and shall only assist the Children in exiting or entering their vehicle. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as practical after the emergency is handled. Any other non-emergency communication shall be via email. 8. Telephone contact between the Children and the non-custodial parent shall be liberal as agreed upon between the parties 9. The Children are to remain in counseling and the parents shall participate in such counseling as the counselor sees fit. 3 10. Neither party may say or do anything or permit a third party to do or say anything that may estrange the Children from the other party or significant other, or injure the opinion of the children as to the other party or significant other, or may hamper the free and natural development of the Children's love or affection of the other party or significant other. By the Court, ,* -,? - ?-a M. L. Ebert, Jr., J. Karl Rominger, Esquire Attorney for Plaintiff Stephanie Chertok, Esquire Cindy L. Hribal, Esquire Attorneys for Defendant bas P t xz r1l a i licc 4 vmo C :C Pd R 330 LOOZ 34? JO MARK E. YOHE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JENNIFER R. YOHE, No. 07-1914 CIVIL TERM Defendant IN CUSTODY PETITION TO MODIFY CUSTODY 1. Petitioner is Mark E. Yohe, who resides at 476 Centerville Road, Newville, PA 17241. 2. Respondent is Jennifer R. Yohe, who resides at 16 Carlton Avenue, Carlisle, PA 17013. 3. On December 18, 2007, the Honorable M.L. Ebert, Jr., entered the Court Order attached as Exhibit "A". 4 5. Since the entry of said Order, there has been a significant change in circumstances in that: a. Mother continues to estrange the children from Father. b. Mother continues to injure the opinion of the children as to their Father. c. Mother continues to hamper the free and natural development of the children's love and affection of their Father. d. Mother continues to make unfounded claims to Children and Youth regarding Father. e. Mother verbally abuses children. The best interest- of the child will be served by the Court in granting Petitioner primary custody and granting mother periods of supervised visitation. WHEREFORE, Petitioner prays this Court to grant Petitioner primary custody of the children and grant Respondent periods of supervised visitation. Respectfully submitted, Rominger & Associates Date: .17 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff MARK E. YOHE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JENNIFER R. YOHE, No. 07-1914 CIVIL TERM Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff, Mark E.Yohe, do hereby certify that I this day served a copy of the Petition to Modem Custody upon the following by First Class Mail delivery at Carlisle, Pennsylvania, addressed as follows: Stephanie Chertok, Esquire Cindy Hribal, Esquire 61 West Louther Street Carlisle, Pennsylvania 17013 Date5p,000` Y #If Respectfully submitted, Romiuger & Associates Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff MARK E. YORE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JENNIFER R. YOHE, No. 07-1914 CIVIL TERM Defendant IN CUSTODY VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unworn falsification to authorities. Date: /6 Mark E. Yohe, Plaintiff MARK E. YOHE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : IN CUSTODY JENNIFER R. YOHE, DEFENDANT 07-1914 CIVIL J " Ql? ORDER OF COURT 45) st , AND NOW, this 18th day of December, 2007, after hearing and conference with counsel, IT IS HEREBY ORDERED AND DIRECTED that: 1. LEGAL CUSTODY: The Father, Mark E. Yohe, and the Mother, Jennifer R. Yohe, shall enjoy shared legal custody of Mikayla Yohe, born February 15, 1998, and Tristen Yohe, born November 12, 1999. The parties shall have an equal right 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. 2. PHYSICAL CUSTODY: The Mother, Jennifer R. Yohe and Father, Mark E. Yohe, shall be granted shared physical custody of Mikayla and Tristen Yohe, pursuant to the following 2/2/3 schedule: A. Mother shall have custody of the children from Monday after school through the beginning of school on Wednesday morning. B. Father shall have custody from Wednesday after school through the beginning of school on Friday morning. C. Mother shall have custody from Friday after school until the beginning of school Monday morning. The parties shall reverse this custody arrangement the following week; beginning with the Father having custody from after school on Monday through the beginning of school on Wednesday morning, etc. When school is not in session, all exchanges will take place at 5:00 p.m. 3. OUT OF STATE DAY TRIPS/OVERNIGHT TRIPS: Should either Mother or Father desire to take the Children out of state for a day trip or take them on an over- night trip, one week's prior notice shall be given to the other party. 4. SUMMER VACATION: During summer vacation, each party shall be provided up to three weeks of vacation time with the Children; however a party cannot have more than two consecutive weeks of vacation with the Children. 5. HOLIDAYS: Holiday custody shall be as follows: Thanksgiving: If Father does not already have physical custody of the children on Wednesday evening he shall have the Children from 9:00 p.m. Wednesday until 3:00 p.m. on Thanksgiving Day, and Mother shall have the Children from 3:00 p.m. until 9:00 a.m. Friday morning, at which time the regular custody schedule shall be back in effect. Christmas: Mother shall have the Children on Christmas Eve Day from 9:00 a.m. until 9:00 p.m. and Father shall have the Children from 9:00 p.m. Christmas Eve until 3:00 p.m. Christmas afternoon, at which time Mother shall have the Children from 3:00 p.m. Christmas afternoon until 9:00 a.m. the following morning, and the regular custody schedule shall go back into effect. New Year's Eve and New Year's Day: Mother shall have the Children from 9:00 a.m. on New Year's Eve (December 31, 2007) until 9:00 a.m. New Year's Day, at which time Father will have the Children from 9:00 a.m. New Year's Day until 9:00 a.m. the following day, at which time the regular custody schedule shall be back in effect. This schedule shall alternate between Mother and Father on a yearly basis. 2 HOLIDAYS AND TIMES EVEN T ODD SPECIAL DAYS YEARS YEARS Easter Day From 6:00 p.m. the Father Mother evening before the holiday until 6:00 p.m. I the day of the holiday Memorial Da ? y From 6:00 p.m. the Mother Father evening before the holiday until 6:00 p.m. the day of the holiday Independence Day From 6:00 p.m. the Father Mother evening before the holiday until 6:00 p.m. the day of the holiday Labor Day From 6:00 p.m. the Mother Father evening before the holiday until 6:00 p.m. the day of the holiday Halloween From 5:00 p.m. to Father Mother 9:00 P.M. Mother's Day From 6:00 p.m. the Mother Mother evening before the holiday until 6:00 p.m. the day of the holiday Father's Day From 6:00 p.m. the Father Father evening before the holiday until 6:00 p.m. the day of the holiday 6. Custodial exchanges shall occur at the Burger King parking lot on High Street in Carlisle. During exchanges, the parties are not to speak to or address one another and shall only assist the Children in exiting or entering their vehicle. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as practical after the emergency is handled. Any other non-emergency communication shall be via email. 8. Telephone contact between the Children and the non-custodial parent shall be liberal as agreed upon between the parties 9. The Children are to remain in counseling and the parents shall participate in such counseling as the counselor sees fit. 3 10. Neither party may say or do anything or permit a third party to do or say anything that may estrange the Children from the other party or significant other, or injure the opinion of the children as to the other party or significant other, or may hamper the free and natural development of the Children's love or affection of the other party or significant other. By the Court, ,* -? ?a M. L. Ebert, Jr., J Karl Rominger, Esquire Attorney for Plaintiff Stephanie Chertok, Esquire Cindy L. Hribal, Esquire Attorneys for Defendant bas '... -roof, ti?3 .: 3 6t 'iand 1 r ? 4 te n(??y ? `-?'7 . ? ?? ?? ?? ? \ f ? ?? ., ? '?,, . ,r'?. v A .? :? ? ? `? '?: > . ?- O ?1 '? _.7 ? ? 1 y o 7 -? MARK E. YOHE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER R. YOHE 2007-1914 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, __ Wednesday, July 02, 2008 it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , at 4th Floor, Cumberland u the conciliator, nty Courthouse, Carlisle on Thursday, August 14, 2008 for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the is ' at 8 sues ' AM if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter intoa em or or order. Failure to appear at the conference may provide grounds for entry of a temporary or perman p ary ent 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/ fob ,Mats an r. 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 ?kw e-? 44?p " -91%. 11 i AUG 2 7 zoo 67 MARK E. YOHE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER R. YOHE : No. 07-1914 Civil Term Defendant : ACTION IN CUSTODY Prior Judge: M. L. Ebert, J. COURT ORDER ?h AND NOW, this 2J day of August 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. All prior Orders entered in this matter are hereby VACATED. 2. Legal Custody: The Father, Mark E. Yohe and the Mother, Jennifer R. Yohe, shall enjoy shared legal custody of Mikayla Yohe, born February 15, 1998 and Tristen Yohe, born November 12, 1999. The parties agree that major non-emergency decisions concerning the children's health, welfare, education and religion shall be made by them jointly, after discussion and consultation with the other, with a view toward obtaining and following a harmonious policy in the children's best interest. 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 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. 3. Physical Custody: The Father, Mark E. Yohe, and the Mother shall share physical custody of the Children pursuant to the following 2/2/3 schedule: a. Mother shall have custody of the Children from Monday after school through the beginning of school on Wednesday morning. b. Father shall have custody from Wednesday after school through the beginning of school on Friday morning. c. Mother shall have custody from Friday after school until the beginning of school Monday morning. d. The parties shall reverse this custody arrangement the following week; beginning with the Father having custody from after school on Monday through the beginning of school on Wednesday morning, etc. e. When school is not in session, all exchanges shall take place at 5:00 pm. f. Custodial exchanges shall occur at the Burger King parking lot on High Street in Carlisle. During the exchanges, the parties are not to speak to or s address one another and shall only assist the Children in exiting or entering their respective vehicles. 4. Absent mutual agreement, the Children shall remain in the Big Spring School District. 5. Custody Evaluation: Pursuant to an agreement at conciliation, the parties are directed to engage in a custody evaluation with a mutually-agreed upon professional. In the absence of agreement, the parties shall engage Stanley Schneider. The cost of said evaluation shall be borne by Father and Father has agreed to share the results of said evaluation with Mother. 6. Summer Vacation; During summer vacation, each party shall be provided up to three (3) weeks of vacation with the Children; however, a party shall not have more than two (2) consecutive weeks of vacation with the Children. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. 7. Should either Mother or Father desire to take the Children out of state for a day trip or take them on an over-night trip, one week's prior notice shall be given to the other party. 8. Telephone contact between the Children and the non-custodial parent shall be liberal as agreed upon between the parties. 9. Holidays: The holiday schedule shall be as follows: a. Thanksgiving: If Father does not already have physical custody of the Children on Wednesday evening, he shall have the Children from 9:00 pm Wednesday until 3:00 pm on Thanksgiving Day and the Mother shall have the Children from 3:00 pm until 9:00 am Friday morning, at which time the regular custody schedule shall be back in effect. b. Christmas: Mother shall have the Children on Christmas Eve Day from 9:00 am until 9:00 pm and the Father shall have the Children from 9:00 pm Christmas Eve until 3:00 pm Christmas afternoon, at which time Mother shall have the Children from 3:00 pm Christmas afternoon until 9:00 am the following morning, and then the regular custody schedule shall go back into effect. c. New Year's Eve and Day: Mother shall have the Children from 9:00 am on New Year's Eve until 9:00 am New Year's Day, at which time Father will have custody of the Children from 9:00 am New Year's Day until 9:00 am the following day, at which time the regular custody schedule shall be back in effect. This schedule shall alternate between Mother and Father on a yearly basis. HOLIDAYS AND TEMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 6 pm the evening before the holiday Father Mother until 6 m the day of the holiday Memorial Day From 6 pm the evening before the holiday Mother Father until 6 m the day of the holiday Independence Day From 6 pm the evening before the holiday Father Mother until 6 m the day of the holiday Labor Day From 6 pm the evening before the holiday Mother Father until 6 m the day of the holiday Halloween From 5 m until 9 m Father Mother Mother's Day From 6 pm the evening before the holiday Mother Mother until 6 m the day of the holiday Father's Day From 6 pm the evening before the holiday Father Father until 6 m the day of the holiday 10. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practical after the emergency is handled. Any other non- emergency communication shall be via email. 11. The Children are to remain in counseling and the parents shall participate in such counseling as the counselor sees fit. 12. Neither parry may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. It is specifically directed that neither party shall disparage the other party's significant other in the presence of the Children. Additionally, it is specifically directed that the parents are not to embroil the Children in the acrimonious relationship between the parents. The parents are not to involve or influence the Children in regard to negative inferences/statements against the other parent. 13. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. 14. Once the custody evaluation has been completed, the parties may contact the assigned conciliator to arrange for a status update conciliation or to list the instant matter for a hearing. BY THE COURT, J. t1 ? ? +Fd??i J ? v'9 1 /1.,.11, I 1 :9 ?-Iv E- dls HU Cc: Karl Rominger, Esquire Cindy L. Hribal, Esquire John J. Mangan, Esquire MARK E. YOHE V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. YOHE Defendant Prior Judge: M. L. Ebert, J. No. 07-1914 Civil Term ACTION 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: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Mikayla Yohe February 15, 1998 Father and Mother Tristen Yohe November 12, 1999 Father and Mother 2. A Conciliation Conference update was held on August 20, 2008 with the following individuals participating: The Father, Mark E. Yohe with his counsel, Karl Rominger, Esquire The Mother, Jennifer R. Yohe, appeared pro se but represented by Cindy L. Hribal, Esquire. 3. The Honorable M. L. Ebert previously entered Orders of Court dated June 19, 2007, August 10, 2007, September 12, 2007 and December 18, 2007. 4. The parties agreed to the entry of an Order in the form as attached. Date Jo J. angan, Esq Clastody Conciliat AUG 0 4 2009 y s MARK E. YOHE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER R. YOHE : No. 07-1914 Civil Term Defendant : ACTION IN CUSTODY Prior Judge: M. L. Ebert, Jr, J. COURT ORDER AND NOW, this 5 day of August 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. All prior Orders entered in this matter are hereby VACATED and replaced with this Order. 2. This Order is entered pursuant to a Custody Conciliat' n Conference. A Custody Hearing is hereby scheduled on the day of , 2009 at 'R!D D am/gxi in Courtroom number 5 in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children. 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. 3. Legal Custody: The Father, Mark E. Yohe and the Mother, Jennifer R. Yohe, shall enjoy shared legal custody of Mikayla Yohe, born February 15, 1998 and Tristen Yohe, born November 12, 1999. The parties agree that major non-emergency decisions concerning the children's health, welfare, education and religion shall be made by them jointly, after discussion and consultation with the other, with a view toward obtaining and following a harmonious policy in the children's best interest. 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 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. 4. Physical Custody: The Father, Mark E. Yohe, and the Mother, Jennifer Yohe, shall share physical custody of the Children pursuant to the following week on/week off: a. Father shall have physical custody of the Children from 8/12/09 until 8/23/09. b. Commencing Sunday 8/23/09, Mother shall have custody of the Children until Sunday 8/30/09. c. Commencing Sunday 8/30/09, Father shall have physical custody of the Children until Sunday 9/06/09. d. The above week on/week off schedule shall be repeated in subsequent weeks absent mutual agreement otherwise or further Order of Court. The exchanges shall occur on Sunday at 6:00 pm at the Ross store in Carlisle, PA absent agreement otherwise. 5. Absent mutual agreement or further Order of Court, the Children shall remain in the Big Spring School District. 6. Custody Evaluation: Pursuant to an agreement at conciliation, the Father shall endeavor to engage a professional for a custody evaluation contingent on the financial feasibility of said evaluation. If the cost of the evaluation is able to be borne by Father, Father has agreed to pay for the evaluation. 7. Summer Vacation: During summer vacation, each party shall be provided up to three (3) weeks of vacation with the Children; however, a party shall not have more than two (2) consecutive weeks of vacation with the Children. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. 8. Should either Mother or Father desire to take the Children out of state for a day trip or take them on an over-night trip, one week's prior notice shall be given to the other party. 9. Telephone contact between the Children and the non-custodial parent shall be liberal as agreed upon between the parties. 10. Holidays: The holiday schedule shall be as follows: a. Thanksgiving: If Father does not already have physical custody of the Children on Wednesday evening, he shall have the Children from 9:00 pm Wednesday until 3:00 pm on Thanksgiving Day and the Mother shall have the Children from 3:00 pm until 9:00 am Friday morning, at which time the regular custody schedule shall be back in effect. b. Christmas: Mother shall have the Children on Christmas Eve Day from 9:00 am until 9:00 pm and the Father shall have the Children from 9:00 pm Christmas Eve until 3:00 pm Christmas afternoon, at which time Mother shall have the Children from 3:00 pm Christmas afternoon until 9:00 am the following morning, and then the regular custody schedule shall go back into effect. c. New Year's Eve and Day: Mother shall have the Children from 9:00 am on New Year's Eve until 9:00 am New Year's Day, at which time Father will have custody of the Children from 9:00 am New Year's Day until 9:00 am the following day, at which time the regular custody schedule shall be back in effect. This schedule shall alternate between Mother and Father on a yearly basis. HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 6 pm the evening before the holiday Father Mother until 6 pm the day of the holiday Memorial Day From 6 pm the evening before the holiday Mother Father until 6 m the day of the holiday Independence Day From 6 pm the evening before the holiday Father Mother until 6 m the day of the holiday Labor Day From 6 pm the evening before the holiday Mother Father until 6 pm the day of the holiday Halloween From 5 m until 9 m Father Mother Mother's Day From 6 pm the evening before the holiday Mother Mother until 6 m the day of the holiday Father's Day From 6 pm the evening before the holiday Father Father until 6 m the day of the holiday 11. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practical after the emergency is handled. Any other non- emergency communication shall be via email. 12. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. It is specifically directed that neither party shall disparage the other party's significant other in the presence of the Children. Additionally, it is specifically directed that the parents are not to embroil the Children in the acrimonious relationship between the parents. The parents are not to involve or influence the Children in regard to negative inferences/statements against the other parent. 13. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. Cc: J 1 Rominger, Esquire Stacy Wolf, Esquire /John J. Mangan, Esquire (2 rwa-t BY THE COURT, J. MARK E. YOHE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER R. YOHE Defendant Prior Judge: M. L. Ebert, Jr., J. : No. 07-1914 Civil Term : ACTION 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 children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody o Mikayla Yohe February 15, 1998 Father and Mother Tristen Yohe November 12, 1999 Father and Mother 2. The Honorable M. L. Ebert previously entered Orders of Court dated June 19, 2007, August 10, 2007, September 12, 2007 and December 18, 2007. A Conciliation Conference update was held on August 20, 2008, an Order issued August 29, 2008 and a conciliation conference was held July 30, 2009 with the following individuals participating: The Father, Mark E. Yohe with his counsel, Michael Palermo, Esquire The Mother, Jennifer R. Yohe, with her counsel, Stacy Wolf, Esquire. 3. Mother's position on physical custody is as follows: Mother would like primary physical custody of the Children and would like them to attend school in the school district where she resides (Carlisle School District). Mother feels that there is too much back and forth for the Children and indicates that she could offer the Children more stability. Mother indicates that the rules of the household are not consistent between Mother's and Father's residences. Mother does engage in counseling for the Children with Ann Leedy. 4. Father's position on physical custody is as follows: Father desires at least a shared physical custody situation with the Children. Father indicates that he is fine with the current schedule, but acknowledges that it may be a better situation if the schedule were week on/ week off, both for consistency for the Children and less of an opportunity for interaction between Mother and Father. Father requests that the Children remain in his school district (Big Spring). Father indicates that the Children are well adjusted, have friends there and that the Children do well in school. Father is not thrilled with Mother's choice of counseling for the Children. However, Father indicated that he would like to have a custody evaluation performed, but up to this point, the cost of the evaluation is prohibitive. Father indicated that he will look into alternate evaluation services. 5. The undersigned recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Z/, //, -, ? 1? Date ?John gan, Esq ' e / Custody onciliato -F TF-'. u rt, C I I `.1 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT MARK E. YORE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. NO. 2007-1914 CIVIL TERM JENNIFER R. YOHE, Defendant : IN CUSTODY MOTION FOR CONTINUANCE NOW comes the Defendant, Jennifer R. Yohe, by her attorney, Stacy B. Wolf, Esquire, and presents the following motion for continuance of the December 4, 2009 custody hearing, representing as follows: 1. The plaintiff is Mark E. Yohe, an adult individual residing at 476 Centerville Road, Newville, PA 17241. 2. The defendant is Jennifer R. Yohe, an adult individual residing at 1152 Belvedere Street, Carlisle, PA 17013. 3. The parties are the natural parents of two minor children, namely: Mikayla Yohe, age 11, born February 15, 1998 and Tristen Yohe, age 10, born November 12, 1999. 4. Following a custody conciliation conference held on July 30, 2009, an Order was issued scheduling a Custody Hearing on December 4, 2009 at 9:00 a.m. 5. The undersigned counsel is currently awaiting a report from the custody evaluator, Debra Salem, CACD, LPC, and has been informed that it will not be completed prior to the December 4, 2009 hearing. 7. Concurrence in the foregoing motion was sought from Counsel for Plaintiff, Karl E. Rominger, Esquire, and Attorney Rominger concurs in such request. WHEREFORE, Defendant, Jennifer R. Yohe, respectfully requests that the Court issue an Order continuing the December 4, 2009 custody hearing to February 3, 2010, at 1:30 p.m., along with any additional relief that the Court may deem appropriate and just. Dated: November 30, 2009 Respectfully submitted, WOLF & WOLF B ? Y: . Ii A Stacy B. Wo squire 10 West Hig Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Defendant VERIFICATION I, the undersigned, do hereby verify I am counsel for Movant, and the facts set forth in this motion are true and correct to the best of my knowledge 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. November 30, 2009 W'i Stacy B. WoI;K Counsel for efendant STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT MARK E. YORE, Plaintiff V. JENNIFER R. YOHE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2007-1914 CIVIL TERM : IN CUSTODY CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, attorney for Defendant, do hereby certify that this date, I have served a copy of the foregoing Motion to Continue, upon the following person, by United States Mail, addressed as follows: Karl E. Rominger, Esquire Rominger and Associates 155 South Hanover Street Carlisle, PA 17013 Respectfully submitted, WOLF & WOLF, Attopeys at Law Dated: November 30, 2009 By: Stacy B. W (Of, Esquire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Defendant Fi r 7' 'r i,1jT LUt??ti?+r DEC 012009 6., MARK E. YOHE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. NO. 2007-1914 CIVIL TERM JENNIFER R. YOHE, Defendant : IN CUSTODY ORDER OF COURT Y AND NOW this day of ) (,C.. , 2009, upon consideration of the attached Motion, it is hereby ordered that the Custody Hearing scheduled for December 4, 2009 at 9:00 a.m., be continued to Wednesday, February 3, 2010, at 1:30 p.m. in Courtroom 2 of the Cumberland County Courthouse. Pigiribution: Karl E. Rotninger, Esquire For the Plaintiff tacy B. Wolf, Esquire For the Defendant ep Its, mzt 1. LL_ BY THE COURT: '*?? UA\ M.L. Ebert, Jr., J. Ft??r- ?.1°i U r Hr r,?y,-• r 2009 DEC -2 AM Cs: ? 4 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 2010 J.;il 29 F' 1 i/" 2Q ATTORNEY FOR DEFENDANT F cam,, ,. _ i-;-MARK E. YOHE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. JENNIFER R. YOHE, Defendant : NO. 2007-1914 CIVIL TERM IN CUSTODY MOTION FOR CONTINUANCE NOW comes the Defendant, Jennifer R. Yohe, by her attorney, Stacy B. Wolf, Esquire, and presents the following motion for continuance of the February 3, 2010 custody hearing, representing as follows: 1. The plaintiff is Mark E. Yohe, an adult individual residing at 476 Centerville Road, Newville, PA 17241. 2. The defendant is Jennifer R. Yohe, an adult individual residing at 1152 Belvedere Street, Carlisle, PA 17013. 3. The parties are the natural parents of two minor children, namely: Mikayla Yohe, age 11, born February 15, 1998 and Tristen Yohe, age 10, born November 12, 1999. 4. An Order was issued originally scheduling a Custody Hearing on December 4, 2009. 5. Defendant filed a Motion for Continuance due to the parties awaiting the completion of a report from the custody evaluator, Debra Salem, CACD, LPC, and an Order was issued continuing the hearing until February 3, 2010 at 1:30 p.m. 6. The evaluation report from Debra Salem, CACD, LPC, was provided to counsel for the parties on January 25, 2010. 7. Defendant seeks to postpone the Custody Hearing for no less than two months in an effort to provide her counsel with additional time to review the evaluation report, have a conference call among Deb Salem and counsel for the parties, and to speak with the children's counselor and other potential experts in preparation for the hearing. 8. Therefore, the defendant is requesting that this hearing be continued to April 14, 2010, at 10:00 a.m., which date was given by judge Ebert's chambers. 9. Concurrence in the foregoing motion was sought from Counsel for Plaintiff, Karl E. Rominger, Esquire, and Attorney Rominger concurs in such request. WHEREFORE, Defendant, Jennifer R. Yohe, respectfully requests that the Court issue an Order continuing the February 3, 2010 custody hearing to April 14, 2010, at 10:00 a.m., along with any additional relief that the Court may deem appropriate and just. Respectfully submitted, WOLF & WOLF Dated: January ?, 2010 By: ?& W Stacy B. lf, Esquire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 2414436 Attorney for Defendant VERIFICATION I, the undersigned, do hereby verify I am counsel for Movant, and the facts set forth in this motion are true and correct to the best of my knowledge 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. ICI January u- 1 , 2010 D? 2Ltw b, w Stacy B. WA U- Counscl for Defendant STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR DEFENDANT MARK E. YOHE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. : NO. 2007-1914 CIVIL TERM JENNIFER R. YOHE, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, attorney for Defendant, do hereby certify that this date, I have served a copy of the foregoing Motion to Continue, upon the following person, by United States Mail, addressed as follows: Karl E. Rominger, Esquire Rominger and Associates 155 South Hanover Street Carlisle, PA 17013 Respectfully submitted, WOLF & WOLF, Attorneys at Law Dated: January la, 2010 _ By: )S vol? Stacy B. olf, Esquire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Defendant t FED, 012010 6 MARK E. YOHE, Plaintiff V. JENNIFER R. YOHE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2007-1914 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW this Ise day of IL? , 2010, upon consideration of the attached Motion, it is hereby ordered that the Custody Hearin scheduled for February 3, 2010 at 1:30 p.m., be continued to April 14, 2010, at 10:00 a.m. in Courtroom 2 of the Cumberland County Courthouse. BY THE COURT: M.L. Ebert, Jr., J. 'bution: Karl E. Rorninger, Esquire For the Plaintiff Stacy B. Wolf, Esquire For the Defendant ry6lzt?L c2li/ o ?:?l c? c Cv7 LU T -j_ " f -TA L0 1 0 Est' 10% 1 3 C ufi, i, MARK E. YORE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-1914 CIVIL TERM JENNIFER R. YORE, Defendant CIVIL ACTION -LAW IN CUSTODY Honorable M. L. Ebert, Jr. MOTION TO CONTINUE AND NOW, comes Mark E. Yohe, by and through his counsel, Karl E. Rominger, Esquire, and in support of his Motion avers as follows: 1. A Custody Trial is scheduled for Wednesday, April 14, 2010, in front of the Honorable M. L. Ebert, Jr. 2. Undersigned counsel has been informed that the time allotted by the Court for said trial is two (2) hours. 3. The time allotted is not enough as undersigned counsel has several witnesses and opposing counsel has at least four (4) witnesses, and an all day trial is needed. 4. Undersigned counsel has been attached to a Jury Trial in York County in front of the Honorable John S. Kennedy and Jury Selection started on Tuesday, April 13, 2010, at 1:30 p.m. 5. Undersigned counsel does not have an attorney available to cover the custody trial as Attorney Michael Palermo, Jr. is scheduled for a Custody Trial in Cumberland County in front of the Honorable Kevin A. Hess, and Attorney Vincent M. Monfredo is scheduled for a hearing in Perry County that can not be continued. 6. Undersigned counsel contacted Stacy B. Wolf, Esquire and she is opposed to this continuance request. WHEREFORE, Plaintiff respectfully requests that this Honorable Court continue the custody trial currently scheduled for April 14, 2010. Respectfully submitted, ROMINGER & ASSOCIATES Date: - l /?o71.cr' Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff MARK E. YOHE, Plaintiff V. JENNIFER R. YOHE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-1914 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY Honorable M. L. Ebert, Jr. CERTIFICATE OF SERVICE I, Karl E. Rominger., Esquire, attorney for Mark Yohe, do hereby certify that I this day served a copy of the Motion to Continue upon the following via facsimile and by depositing same in the United States Mail, via first class, postage pre-paid, at Carlisle, Pennsylvania, addressed as follows: Stacy B. Wolf, Esquire 10 West High Street Carlisle, Pennsylvania 17013 Facsimile (717) 241-6637 Respectfully submitted, ROMINGER & ASSOCIATES Date:?-_- a - y Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff a APR 1 3 2010 MARK E. YORE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-1914 CIVIL TERM JENNIFER R. YOHE, CIVIL ACTION - LAW Defendant IN CUSTODY Honorable M. L. Ebert, Jr. ORDER OF COURT AND NOW this day of 2010, upon consideration of the within Motion, said Motion is granted. The Custody Trial scheduled for April 14, 2010, has been rescheduled to the 9`h day of July , 2010, at ?, a.m., in Courtroom # , of the Cumberland County Courthouse, Carlisle, Pennsylvania. Distribution: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 / "`"` y B. Wolf, Esquire 10 West High Street Carlisle, Pennsylvania 17013 cor-es 'k-adc?( 73 -- C:7 z MARK YOHE, V Plaintiff JENNIFER YORE, Defendant IN RE: CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-1914 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 9th day of July, 2010, after hearing in the above-captioned matter, the parties are directed to file with the Court a proposed custody order on or before 'the close of business on July 16, 2010. IT IS FURTHER ORDERED AND DIRECTED that the parties are directed to file briefs in this matter on or before the close of business July 23, 2010. By the Court, ~~ M. L. Ebert, Jr., Karl E. Rominger, Esquire For the Plaintiff c~ o ~-r yStac B. Wolf Es uire G -r ~~~~" r~ "~-r, For the Defendant _ -~~ N :mtf {~ _ x~ ~P~es w~a,.~~~ ~~ra/~v .. r,=- _'" '~ ~ .. J ~ ~~ MARK E. YOHE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. c _~ • ;c- c5 ~ l • T i t`° !. JENNIFER R. YORE, : `_''!' -..: ~~-,., DEFENDANT NO. 07-1914 CIVIL -- . ~ ~~-~_ __ IN RE: CUSTODY ; ;=_: ~ 4~` _ w~. ORDER OF COURT ~ N r,~ ~ .. AND NOW, this 27th day of July, 2010, after hearing and consideration of the Briefs filed by the parties, IT IS HEREBY ORDERED AND DIRECTED: 1. LEGAL CUSTODY: The Mother, Jennifer R. Yohe, and the Father, Mark E. Yohe, shall enjoy shared legal custody of Mikayla Yohe, born February 15, 1998, and Tristen Yohe, born November 12, 1999. Major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party shall not impair the other party's rights to shared legal custody of the children. Each party shall not alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to either parent. With regard to any emergency decisions that must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as thereafter possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. SCHOOL DISTRICT: For the 2010 - 2011 school year, the children shall attend the Carlisle Area School District. 3. PHYSICAL CUSTODY: A. School Year: (1) MOTHER: Mother shall have primary physical custody of the children during this school year beginning at 6:00 p.m. on the Friday proceeding the start date for the school year. (In 2010, this is August 27). (2) FATHER: Father shall have partial physical custody of the children every other weekend from the first Friday after school begins at 6:00 p.m. until Sunday at 6:00 p.m. (In 2010, this first Friday is September 3). When Monday is a school holiday, Father's period of custody will extend until 6:00 p.m. Monday evening. Additionally, Father shall have one evening during the school week as agreed to by the parties from after school until 9:00 p.m. B. Summer School Recess: (1) FATHER: Father shall have primary physical custody of the children during the summer school recess beginning the first Friday after the school year ends at 6:00 p.m. (In 2011, this first Friday is June 11). (2) MOTHER: Mother shall have partial physical custody of the children every other weekend beginning the next Friday at 6:00 p.m. (In 2011, this Friday is June 17). Additionally, Mother will be given 2 continuous weeks of vacation. 2 Mother will provide notice of her requested vacation dates to Father on or before May 13, 2011. Mother will resume physical custody for the school year at 6:00 p.m. the Friday before the beginning of the 2011 - 2012 school year. C. Holidays: Holidays with the children shall be alternated between the parents pursuant to the following holiday schedule, or as mutually agreed: HOLIDAYS AND SPECIAL TIMES ODD EVEN DAYS YEARS YEARS New Year's Eve/Day From 9:00 a.m. New Year's Eve until 6:00 p.m. Mother Father New Year's Day Easter From 6:00 p.m. the evening before the holiday Mother Father until 6:00 p.m. the day of the holiday Mother's Day From 6:00 p.m. the evening before the holiday Mother Mother until 6:00 p.m. day of the holiday Memorial Day From 6:00 p.m. the evening before the holiday Father Mother until 6:00 p.m. the day of the holiday Father's Day From 6:00 p.m. the evening before the holiday Father Father unti16:00 p.m. the day of the holiday Independence Day From 6:00 p.m. the evening before the holiday Mother Father until 6:00 p.m. the day of the holiday Labor Day From 6:00 p.m. the evening before the holiday Father Mother until 6:00 p.m. the day of the holiday Thanksgiving From 6:00 p.m. the evening before Thanksgiving Mother Father Day until 6:00 p.m. the Friday after Thanksgiving Christmas 1S half From 9:00 a.m. on 12/23 until 2:00 p.m. 12/25 Father Mother 3 Christmas 2" half From 2:00 p.m. on 12/25 until 7:00 p.m. on Mother Father 12/27 4. EXCHANGE LOCATION: Unless otherwise agreed to, custody exchanges shall occur in the parking lot of the Ross Store in Carlisle, Pennsylvania. 5. TELEPHONE CONTACT: Telephone contact between the children and the non-custodial parent shall be reasonable and liberal as agreed upon by the parties. 6. NONAILENATION: Neither party may say or do anything nor permit a third party to do or say anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. It is specifically directed that neither party shall disparage the other party's significant other in the presence of the children. Additionally, it is specifically directed that the parents are not to embroil the children in the acrimonious relationship between the parents. The parents are not to involve or influence the children in regard to negative inferences/statements against the other parent. 7. MODIFICATION: The parties may modify the provisions of this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. M. L. Ebert, Jr., 4 By the Court, Karl Rominger, Esquire Attorney for Plaintiff +/Stacy B. Wolf, Esquire Attorney for Defendant bas eo~~~~ .~.~l~C~ 7/a~/,d 5 AUG 1 3 2-a,o MARK E. YORE, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-1914 CIVIL TERM JENNIFER R. YORE, CIVIL ACTION -LAW Defendant : IN CUSTODY : Honorable M. L. Ebert, Jr. r? CONCISE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL AND NOW, comes Mark E. Yohe by and through his counsel, Karl E.1Romingef, - Esquire, provides his Concise Statement of Matters Complained on Appeal avers as follows: 1. Mother failed to carry her burden of proof that their had been a material change in circumstance, and as such the Court should not have changed the previous Order of Court. Gianvito v. Ganvito, 2009 PA Super 108, P4 (Pa. Super. Ct. 2889) 2. Mother failed to show a change in custody was warranted, where the best interest of the children would have been to remain in the current custody situation. Particularly where they are thriving in school, the daughter is in the gifted program, and expert recommendation that made it into the record by Mother's testimony showed that this was the recommended outcome. 3. To the extent the Court relied on the desire or preference of the children it was in error, where the children indicated they most wanted to switch residence to change school districts as they had heard from "friends" that Carlisle School District was a better school than Big Spring School District, and where the record shows coaching by Mother and her paramour, and where the boy conceded he would stay in a 50 / 50 split after he was made aware of the fact he need not change residence to change school districts. Respectfully submitted, Rominger & Associates Date: August 13, 2010 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID ## 81924 Attorney for Mark E. Yohe MARK E. YOHE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-1914 CIVIL TERM JENNIFER R. YOHE, CIVIL ACTION -LAW Defendant IN CUSTODY Honorable M. L. Ebert, Jr. CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Appellant, do hereby certify that a true and correct copy of the within Concise Statement was served upon the following individuals on the below date, by hand delivery, addressed as follows: The Honorable M. L. Ebert, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Stacy B. Wolf, Esquire WOLF & WOLF 10 West High Street Carlisle, Pennsylvania 17013 Date: August 13, 2010 Respectfully submitted, Rominpr & Associates Xw"I E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Mark E. Yohe AUG 1s 2010 ?r MARK E. YOHE, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-1914 CIVIL TERM JENNIFER R. YOHE, CIVIL ACTION -LAW Defendant IN CUSTODY Honorable M. L. Ebert, Jr. NOTICE OF APPEAL NOTICE IS HEREBY given that Mark E. Yohe, Plaintiff above named, hereby appeals to the Superior Court of Pennsylvania from the Order entered July 27, 2010, in the above-captioned civil matter. The Order has been entered in the docket as evidence by the attached copy of the docket entry. The Concise Statement of Matters Complained of on Appeal is attached hereto Respectfully submitted, Rominger & Associates Date: August 13, 2010 Rominger, Esquire Supreme Court ID # 81924 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Attorney for Mark E. Yohe C.) G, W SO pd b &-4&w w AOe* ,Z V&7?/ MARK E. YOHE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-1914 CIVIL TERM JENNIFER R. YORE, CIVIL ACTION -LAW Defendant : IN CUSTODY Honorable M. L. Ebert, Jr CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendant, do hereby certify that a true and correct copy of the within NOTICE OFAPPE4L was served upon the following individuals on the below date, by placing same in the United States Mail, first-class postage prepaid, addressed as follows: The Honorable M. L. Ebert, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Official Court Reporter Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Date: August 13, 2010 Cumberland County Prothonotary One Courthouse Square Carlisle, Pennsylvania 170,13 Stacy B. Wolf, Esquire WOLF & WOLF 10 West High Street Carlisle, Pennsylvania 17013 gersq Supreme Court ID # 81924 155 South Hanover Street Respectfully submitted, Rominger & iates Karl omin E uire Carlisle, PA 17013 (717) 241-6070 Attorney for Mark E. Yohe MARK E. YORE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-1914 CIVIL TERM JENNIFER R. YOHE, CIVIL ACTION -LAW Defendant IN CUSTODY Honorable M. L. Ebert, Jr. REQUEST FOR TRANSCRIPT A Notice of an Appeal having been filed in this matter, the Official Court Reporter is hereby Ordered to produce, certify, and file the transcript in this matter conforming with Rule 1922 of the Pennsylvania Rules of Appellate Procedure. Respectfully submitted, Rominger_jL.Asjuciste Date: August 13, 2010 E. Rominger, Esquire Supreme Court ID # 81924 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Attorney for Mark E. Yohe PYS511 Cumberland County Prothonotary 's Office Page 1 Civil Case Print 2007-01914 YOHE MARK E (vs) YOHE JENNIFER R Reference No... Filed......... 4/09/2007 Case Type.....: COMPLAINT - CUSTODY Judgment......: .00 Time........ . Execution Date 2:11 0/00/0000 Judge Assigned: EBERT M L JR Disposed Desc.: JVry Trial.... Disposed Date. t 1 h C 0/00/0000 ------------ Case Comments ------------- .: er r Hig Higher Crt 2.: *************************************************** ***************************** General Index Attorney Info YOHE MARK E PLAINTIFF TOMEO LESLIE A 331 STEELSTOWN ROAD NEWVILLE PA 17241 YOHE JENNIFER R DEFENDANT 331 STEELSTOWN ROAD NEWVILLE PA 17241 * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 4/09/2007 COMPLAINT - CUSTODY FILED BY LESLIE A TOMEO ESQ FOR PLFF ------------------------------------------------------------------- 4/12/2007 EMERGENCY PETITION FOR SPECIAL RELIEF BY LESLIE TOMEO ESQ ------------------------------------------------------------------- 4/13/2007 ORDER OF COURT - 04-12-07 - IN RE: PRE-HEARING CUSTODY CONFERENCE 05-11--07 AT 2 PM ON 4TH FLR CLIMB CO COURTHOUSE FOR THE COURT BY JOUN J MANGAN JR ESQ CUSTODY CONCILIATOR - COPIES MAILED 04-13-07 ------------------------------------------------------------------- 4/18/2007 ORDER OF COURT - 04-17-07 - IN RE:PLFF'S EMERGENCY PETITION FOR SPECIAL RELIEF - BY M L EBERT JR J - COPIES MAILED 04-18-07 ------------------------------------------------------------------- 4/23/2007 EMERGENCY PETITION FOR SPECIAL RELIEF - BY CINDY L HRIBAL ESQ - ATTY FOR PETITIONER JENNIFER R YORE ------------------------------------------------------------------- 4/24/2007 ORDER OF COURT - 04-24-07 - IN RE: EMERGENCY PETITION FOR SPECIAL RELIEF HEARING 04-25-07 AT 3:30 PM IN CR 5 CUMB CO COURTHOUSE - BY M L EBERT JR J ------------------------------------------------------------------- 5/03/2007 ORDER OF COURT - 04-25-07 - IN RE: PETITION FOR SPECIAL RELIEF - BY M L EBERT JR J - COPIES MAILED 05-03-07 ------------------------------------------------------------------- 6/19/2007 COURT ORDER - 06-19-07 - IN RE: CUSTODY CONCILIA'T'ION REPORT - BY M L EBERT JR J - COPIES MAILED 06-19-07 -------------------------------------------------------------------- ORT JR JM OPIESP AND MAILED 8/9 07 ORDER - 8/10/2007 DATEDD8/10/07LIABYOM LOEBERTN -CE S ------------------------------------------------------------------- 9/12/2007 CONCILIATOR CONFERENCE SUMMARY REPORT ? ? D R COURT B ORDER - DATED 9/12/07 J - COPIES MAILED 9/1207 ------------------------------------------------------------------- 12/14/2007 PETITIONER'S PROPOSED CUSTODY ORDER - BY STEPHANIE E CHERTOK ATTY FOR PETITIONER ------------------------------------------------------------------- 12/20/2007 ORDER OF CO RT12/20/08/07 IN RE: CUSTODY - BY M L EBERT JR J - COPIES MAIL7 ------------------------------------------------------------------- 7/01/2008 PETITION TO MODIFY CUSTODY - BY KARL E ROMINGER ATTY FOR PLFF ------------------------------------------------------------------- 7/03/2008 ORDER OF COURT - 7/2/08 IN RE: PETITION TO MODIF CUSTODY - PREHEARING CUSTODY CONFERENCE SCHEDULED FOR 8)(14/08 AT 8:30 AM 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE - BY JOHN J MANGAN JR ESQ CUSTODY CONCILIATOR - COPIES MAILED 7/3/08 ------------------------------------------------------------------- 9/03/2008 COURT ORDER - 8/29/08 IN RE: CONCILIATION CONFERENCE SUMMARY REPORT - ALL PRIOR ORDERS ENTERED IN THIS MATTER ARE HEREBY VACATED - BY M L EBERT JR J - COPIES MAILED 9/3/08 ------------------------------------------------------------------- 8/05/2009 COURT ORDER - 85/09 IN RE: CONCILIATION CONFERENCE SUMMARY REPORT - ALL PRIOR ORD RS ENTERED IN THIS MATTER ARE HEREBY VACATED AND PY9511 Cumberland County Prothonotary's Office Page Civil Case Print 2007-01914 YOHE MARK E (vs) YOHE JENNIFER R Reference No... Filed......... 4/09/2007 Case Type.....: COMPLAINT - CUSTODY Time........ 2:11 Judgment......: .00 Execution Date 0/00/0000 Judge Assigned: EBERT M L JR Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: REPLACED WITH THIS ORDER - A CUSTODY HEARING IS SCHEDULED FOR 12 4 09 AT 9:00 AM IN CR5 CUMBERLAND COUNTY COURTHOUSE - BY M L EBER JR J - COPIES MAILED 8/5/09 ------------------------------------------------------------------- 11/30/2009 MOTION FOR CONTINUANCE - BY STACY B WOLF ATTY FOR DEFT ------------------------------------------------------------------- 12/02/2009 ORDER OF COURT - 12/1109 IN RE: MOTION FOR CONTINUANCE - IT IS HEREBY ORDERED THAT THEF CUSTODY HEARING SCHEDULED FOR 12/4/09 AT 9.00 AM BE CONTINUED 2&/10 AT 1:30 PM IN CR2 CUMBERLAND COUNTY COURTHOUSE - BY M L EBEEEEEERTT JR J - COPIES MAILED 12/2/09 ------------------------------------------------------------------- 1/29/2010 MOTION FOR CONTINUANCE - BY STACY B WOLF ATTY FOR DEFT ------------------------------------------------------------------- 2/O1/2010 ORDER OF COURT - THAT I/ THE MOTION FOR ORDERED 2/1/10 HEARING SCHEDULED AFOR 2JE3/TLAINOS H DAT COPIE MAICR2 LED 21/10 COUNTYMCOURTHOUSE ED BYO 10:00 AM ------------------------------------------------------------------- 4/13/2010 MOTION TO CONTINUE - BY KARL E ROMINGER ESQ FOR PLFF ------------------------------------------------------II-??------------ 4/14/2010 ORDER OF COURT - // MOTION SCHEDULED FOR14/14 10 HAS BEENRESCCHEDULED FOR 7/9/10SAODY TRIAL AM IN CR2 CUMBERLAND COUNTY COURTHOUSE - BY M L EBBERT JR J COPIES MAILED 4/14/10 ------------------------------------------------------------------- 7/12/2010 ORDER OF COOU T7/12/1010 IN RE: CUSTODY - BY M L EBERT JR J - COPIES MAILED ------------------------------------------------------------------- 7/27/2010 ORDER OF COURT 7/27/10/10 IN RE: CUSTODY - BY M L EBERT JR J - COPIES MAILED - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - 2 ******************************************************************************** * Escrow Information * Fees & Debits Beg Bal Pmts/Adj End Bal ******************************** ******** ****** ******************************* CUSTODY AGMT 135.00 135.00 .00 TAX ON AGMT .50 .50 .00 SETTLEMENT 8.00 8.00 .00 AUTOMATION FEE 5.00 5.00 .00 JCP FEE 10.00 10.00 .00 CUSTODY FEE 5.20 5.20 .00 CUSTODY FEE-CO 1.30 1.30 .00 SPEC RELIEF CUS 70.00 70.00 .00 SPEC RELIEF CUS 70.00 70.00 .00 MODIFICATION CU 70.00 - 70.00 --- --- - - - .00 --------- ------------- 375.00 - - - - 375.00 .00 ******************************************************************************** * End of Case Information ******************************************************************************** MARK E. YOHE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER R. YORE, DEFENDANT NO. 07-1914 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 27'h day of July, 2010, after hearing and consideration of the Briefs filed by the parties, IT IS HEREBY ORDERED AND DIRECTED: 1. LEGAL CUSTODY: The Mother, Jennifer R. Yohe, and the Father, Mark E. Yohe, shall enjoy shared legal custody of Mikayla Yohe, born February 18, 1998, and Tristen Yohe, born November 12, 1999. Major decisions concerning theVchildren, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party shall not impair the other party's rights to shared legal custody of the children. Each party shall not alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to either parent. With regard to any emergency decisions that must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as thereafter possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. SCHOOL DISTRICT: For the 2010 - 2011 school year, the children shall attend the Carlisle Area School District. 3. PHYSICAL CUSTODY: A. School Year: (1) MOTHER: Mother shall have primary physical custody of the children during this school year beginning at 6:00 p.m. on the Friday proceeding the start date for the school year. (In 2010, this is August 27). (2) FATHER: Father shall have partial physical custody of the children every other weekend from the first Friday after school begins at 6:00 p.m. until Sunday at 6:00 p.m. (In 2010, this first Friday is September 3). When Monday is a school holiday, Father's period of custody will extend until 6:00 p.m. Monday evening. Additionally, Father shall have one evening during the school week as agreed to by the parties from after school until 9:00 p.m. B. Summer School Recess: (1) FATHER: Father shall have primary physical custody of the children during the summer school recess beginning the first Friday after the school year ends at 6:00 p.m. (In 2011, this first Friday is June 11). (2) MOTHER: Mother shall have partial physical custody of the children every other weekend beginning the next Friday at 6:00. p.m. (in 2011, this Friday is June 17). Additionally, Mother will be given 2 continuous weeks of vacation. 2 Mother will provide notice of her requested vacation dates to Father on or before May 13, 2011. Mother will resume physical custody for the school year at 6:00 p.m. the Friday before the beginning of the 2011 - 2012 school year. C. Holidays: Holidays with the children shall be alternated' between the parents pursuant to the following holiday schedule, or as mutually agreed: HOLIDAYS AND SPECIAL TIMES ODD EVEN DAYS YEARS YEARS New Year's Eve/Day From 9:00 a.m. New Year's Eve until 6:00 p.m. Mother Father New Year's Day Easter From 6:00 p.m. the evening before the holiday Mother Father until 6:00 p.m. the day of the holiday Mother's Day From 6:00 p.m. the evening before the holiday Mother Mother until 6:00 p.m. day of the holiday Memorial Day From 6:00 p.m. the evening before the holiday Father Mother until 6:00 p.m. the day of the holiday Father's Day From 6:00 p.m. the evening before the holiday Father Father until 6:00 p.m. the day of the holiday Independence Day From 6:00 p.m. the evening before the holiday Mother Father until 6:00 p.m. the day of the holiday Labor Day From 6:00 p.m. the evening before the holiday Father Mother until 6:00 p.m. the day of the holiday Thanksgiving From 6:00 p.m. the evening before Thanksgiving Mother Father Day until 6:00 p.m. the Friday after Thanksgiving Christmas 1 half From 9:00 a.m. on 12/23 until 2:00 p.m. 12/25 Father Mother 3 Christmas 2" half From 2:00 p.m. on 12/25 until 7:00 p.m. on Mother Father 12/27 4. EXCHANGE LOCATION: Unless otherwise agreed to, custody exchanges shall occur in the parking lot of the Ross Store in Carlisle, Pennsylvania. 5. TELEPHONE CONTACT: Telephone contact between the children and the non-custodial parent shall be reasonable and liberal as agreed upon by the parties. 6. NONAILENATION: Neither party may say or do anything nor permit a third party to do or say anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. It is specifically directed that neither party shall disparage the other party's significant other in the presence of the children. Additionally, it is specifically directed that the parents are not to embroil the children in the acrimonious relationship between the parents. The parents are not to involve or influence the children in regard to negative inferences/statements against the other parent. 7. MODIFICATION: The parties may modify the provisions of this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. .i CORD TRULE COPY FWAII In Te?imony wh?nwt..i?Ip?'+?'NdMR l1y tM1M WW ow ds Ct?N?1i.lr. 4?- 16 'low ?' o 4 By the Court, Karl Rominger, Esquire Attorney for Plaintiff Stacy B. Wolf, Esquire Attorney for Defendant bas MARK E. YOHE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07-1914 CIVIL TERM JENNIFER R. YORE, CIVIL ACTION -LAW Defendant IN CUSTODY Honorable M. L. Ebert, Jr. CONCISE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL AND NOW, comes Mark E. Yohe by and through his counsel, Karl E. Rominger, Esquire, provides his Concise Statement of Matters Complained on Appeal avers as follows: 1. Mother failed to carry her burden of proof that their had been a material change in circumstance, and as such the Court should not have changed the previous Order of Court. Gianvito v. Gianvito, 2009 PA Super 108, P4 (Pa. Super. Ct. 2009) 2. Mother failed to show a change in custody was warranted, where the best interest of the children would have been to remain in the current custody situation. Particularly where they are thriving in school, the daughter is in the gifted program, and expert recommendation that made it into the record by Mother's testimony showed that this was the recommended outcome. 3. To the extent the Court relied on the desire or preference of the children it was in error, where the children indicated they most wanted to switch residence to change school districts as they had heard from "friends" that Carlisle School District was a better school than Big Spring School District, and where the record shows coaching by Mother and her paramour, and where the boy conceded he would stay in a 50 / 50 split after he was made aware of the fact he need not change residence to change school districts. Respectfully submitted, Rominger & Associates Date: August 13, 2010 K 1 E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Mark E. Yohe MARK E. YORE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-1914 CIVIL TERM JENNIFER R. YOHE, CIVIL ACTION -LAW Defendant IN CUSTODY Honorable M. L. Ebert, Jr. CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Appellant, do hereby certify that a true and correct copy of the within Concise Statement was served upon the following individuals on the below date, by hand delivery, addressed as follows: The Honorable M. L. Ebert, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Stacy B. Wolf, Esquire WOLF & WOLF 10 West High Street Carlisle, Pennsylvania 17013 Date: August 13, 2010 Respectfully submitted, Rominger & Associates 6arl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Mark E. Yohe ~u~erf or ~lCourt of ~ettn~pibania Karen Reid Bramblett, Esq. Prothonotary Middle District Milan K. Mrkobrad, Esq. Deputy Prothonotary August 17, 2010 Buell, David D. Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Mark E. Yohe Appellant v. Jennifer R. Yohe 1332 M DA 2010 Trial Court Docket No: 07-1914 Dear Pennsylvania Judicial Center P.O. Box 62435 601 Commonwealth Avenue, Suite 1600 Harrisburg, PA 17106-2435 (717) 772-1294 www.superior.court.sbte.pa.us Enclosed please find a copy of the docket for the above appeal that was recently filed in the Superior Court. Kindly review the information on this docket and notify this office in writing if you believe any corrections are required. Appellant's counsel is also being sent a Docketing Statement, pursuant to Pa.R.A.P. 3517, for completion and filing. Please note that Superior Court Dockets are available on the Internet at the Web site address printed at the top of this page. Thank you. Respectfully, /aas Enclosure Milan K. Mrkobrad, Esq. Deputy Prothonotary O r.,~ n ~ rw-;e f.-' O c -' ~ - ~ 4-V-- l ~~ ..JMM _ w O .-., -~r: ~~-. TO: The Honorable Merle L. Ebert Jr. FROM: The Honorable Kate Ford Elliott, President Judge RE: Yohe, M. v. Yohe, J. 1332 M DA 2010 Trial Court Docket No: 07-1914 Date: August 17, 2010 The appeal in this case has been designated as a Children's Fast Track appeal in accordance with recent amendments to the Rules of Appellate Procedure. The amendments, effective for notices of appeal filed on or after March 16, 2009, were implemented to give expedited treatment to certain types of family cases in an effort to mitigate the harmful effects of such litigation on children. As such, this Court is seeking your help in moving this matter along as expeditiously as possible. To that end, you should be aware that amended Pa. R.A.P. 1925(a)(2)(i) requires the appellant to file and serve the statement of errors complained of on appeal simultaneously with the filing of the notice of appeal. Amended Pa.R.A.P. 1925(a)(2)(ii) requires you, if the reasons for the order do not already appear of record, to file, within 30 days of receipt of the notice of appeal and 1925 statement, at least a brief opinion of the reasons for the order or for the rulings or other errors complained of, which may, but need not, refer to the transcript of proceedings. Please also note that amended Pa.R.A.P. 1931 requires the clerk to transmit the completed record to this Court within 30 days of the filing of the notice of appeal. I respectfully ask you to give priority to this matter and complete your opinion or statement pursuant to Pa.R.A.P. 1925 as soon as possible. I also request your assistance in ensuring that the record is transmitted as promptly as possible so that a briefing schedule may issue promptly from this Court. If the appellant has not requested or made payment for necessary transcripts, please notify the staff person below as soon as possible. Under such circumstances, this Court would direct appellant to comply with Pa.R.A.P. 1911(a) or risk dismissal of the appeal. See Pa.R.A.P. 1911(d). If the problem lies with the court reporter, this Court would request your indulgence in strictly enforcing Pa.R.J.A. 5000.10, which allows for the imposition of sanctions when the request for transcripts is met with reticence. Counsel and pro se parties will also be required to do their part in filing their briefs and other documents timely. Please note that, under the amended Rules, the parties have shortened times for filing their briefs. It is this Court's policy that extensions of time in Children's Fast Track appeals will be granted only for good cause shown. This Court is very mindful of your enormous work load and we thank you in advance for your anticipated cooperation. If all of us do our part to expedite this appeal as quickly as possible, hopefully, we can lessen the impact of this litigation on the children involved. The staff person designated below is responsible for tracking this appeal. While ex parte communication with this Court is forbidden, if you or your chambers have any questions, please contact this staff person. Loretta Candelore: (412) 565-7634 Cc: Lower Court Clerk Buell, David D. Karl Ernst Rominger, Esq. Stacy Barker Wolf, Esq. Court Reporter The Honorable Merle L. Ebert Jr. 12:31 P.M. Appeal Docket Sheet Docket Number: 1332 MDA 2010 Page 1 of 2 August 17, 2010 Mark E. Yohe Appellant v. Jennifer R. Yohe Initiating Document: Notice of Appeal Case Status: Active Case Processing Status: August 17, 2010 Journal Number: Case Category: Civil colusoLl~aT~ eASEs Next Event Type: Receive Docketing Statement Next Event Type: Original Record Received Appellant Yohe, Mark E. Pro Se: No IFP Status: No Attorney: Bar No: Law Firm: Address: CAf~T'ICEN' CASE tN~t)RI~[ATtOw Awaiting Original Record Case Type(s) sc~iEDULE~D EV~IT CpUNSEL INft~RMATidN Appoint Counsel Status: Represented Rominger, Karl Ernst 081924 Rominger 8 Associates 155 S Hanover St Children's Fast Track Superior Court of Pennsylvania Secure Child Support Children's Fast Track RELA'f~d CASES- Next Event Due Date: August 31, 2010 Next Event Due Date: September 13, 2010 Carlisle, PA 17013 Phone No: (717) 241-6070 Fax No: (717) 241-6878 Receive Mail: Yes Receive EMail: No Appellee Yohe, Jennifer R. Pro Se: No Appoint Counsel Status: Represented IFP Status: No Attorney: Wolf, Stacy Barker Bar No: 088732 Law Firm: Wolf & Wolf Address: 10 W High St Carlisle, PA 17013--2922 Phone No: (717) 241-4436 Fax No: (717) 241-4437 Receive Mail: Yes Receive EMail: No 12:31 P.M. II Children's Fast Track II Appeal Docket Sheet Superior Court of Pennsylvania Docket Number: 1332 MDA 2010 Page 2 of 2 Secure August 17, 2010 FtE itMfFt)RMATtON Fee Dt Fee Name Fee Amt Receipt Dt Receipt No Receipt Amt 08/17/2010 Notice of Appeal 73.50 08/17/2010 2010-SPR-M-000662 73.50 AaENCYR-RIAL CUi;~T 1NFpl~'MATION Court Below: Cumberland County Court of Common Pleas County: Cumberland Division: Cumberland County Civil Division Order Appealed From: July 27, 2010 Judicial District: 09 Documents Received: August 17, 2010 Notice of Appeal Filed: August 13, 2010 Order Type: Order Entered OTN(s): Lower Ct Docket No(s):07-1914 Lower Ct Judge(s): Ebert, Merle L., Jr. Judge ORIC~UJAL RELOR© C{~NTEN7 Original Record Item Filed Date Content Description Date of Remand of Record: 131'tlE~Ipt~ SiCHEDULE None None D~#CKET'~NTRY Filed Date Docket Entry /Representing Participant Type Filed By August 17, 2010 Notice of Appeal Docketed Appellant Yohe, Mark E. August 17, 2010 Docketing Statement Exited (Domestic Relations) Middle District Filing Office MARK E. YORE, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. . CIVIL ACTION-LAW JENNIFER R. YORE, Defendant : N0.2007-1914 CIVIL TERM WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: PLEASE withdraw my appearance as attorney of record for-the Defendant, Jennifer R. Yohe, at the above captioned docket. Dated: ~O ~S l0 Resp fully submitted by, Stacy B. lf, Esquire 10 West igh Street Cazlisle, PA 17013 PLEASE enter my appearance as attorney of record on behalf of the Petitioner, Jennifer R. Yohe, at the above captioned docket. Respectfully submitted by: Ashley Fergu n ertified Legal I tern ! c ~ ° rn~ o ~-?; OB S te rte- ` ~ q THOMAS M. PLACE „ -{ ~' _ °' ° ' ANNE MACDONALD-FOX <y. ° ~ o ~ MEGAN RIESMEYER ~~ ~ ~~ FAMILY LAW CLINIC ~ - ~ ~ --~ D ,~~ 45 North Pitt Street Cazlisle, PA 17013 717-243-2968 Fax: 717-243-3639 _r 16 Karen Reid Bramblett, Esq. Prothonotary Milan K. Mrkobrad, Esq. Deputy Prothonotary Pennsylvania Judicial Center P.O. Box 62435 601 Commonwealth Avenue, Suite 1600 Harrisburg, PA 17106-2435 (717) 772-1294 CERTIFICATE OF REMITTAUREMAND OF RECORD www `upcrior.court.state.pa.ua TO: David D. Buell Prothonotary RE: Yohe, M. v. Yohe, J. 1332 MDA 2010 Trial Court: Cumberland County Court of Common Pleas Trial Court Docket No: 07-1914 Annexed hereto pursuant to Pennsylvania Rules of Appellate Procedure 2571 and 2572 the entire record for the above matter. is Original Record contents: Item Part Filed Date Desc Remand/Remittal Date: 02/07/2011 September 29, 2010 ORIGINAL RECIPIENT ONLY - Please acknowledge receipt b signing, returning the enclosed copy of this certificate to our office. Copy recipients not acknowledge receipt. by dating and (noted below) need /krc Enclosure cc: The Honorable Merle L. Ebert Jr., Judge Anne MacDonald-Fox, Esq. Karl Ernst Rominger, Esq. Respectfully, Milan K. Mrkobrad, Esq. Deputy Prothonotary S rr7 ' -r -r 'Yohe, M. v. Yohe, J. 1332 MDA 2010 Letter to: Buell, David D. Acknowledgement of Certificate of RemittalfRemand of Record (to be returned): Signature Date Printed Name J-S86023-10 NON-PRECEDENTIAL DECISION -SEE SUPERIOR COURT I.O,p, 65.37 MARK E. YOHE, Appellant vs. JENNIFER R. YOHE, Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA c r b No. 1332 MDA 20G ?0 C) co cz, Appeal from the Order entered July 27, 2010 ?Y In the Court of Common Pleas of Cumberland C Civil, No. 07-1914 ounty BEFORE: STEVENS, GANTMAN, AND FITZGE *: MEMORANDUM: BALD JJ• December 30, 2010 Appellant, Mark E. Yohe ("Father„), appeals f entered in the Cumberland Count from the custody order Y Appellee, Court of Common Pleas, in favor of Jennifer R. Yohe ("Mother"), We affirm. In its opinion, the trial court fully and correc facts and procedural history of this case. Therefore, we have no reason restate them. to Father raises three issues for our review: DID THE TRIAL COURT ERR AND COMMIT DISCRETION IN AN ABUSE OF COURT, CHANGING THE PREVIOUS ORDER OF BURDEN OF PROOF E SMOTHER] FAILED DEMONSTRATING A SUBSTANT HER CHANGE IN CIRCUMSTANCES FROM THE IAL PREVIOUS ORDER? DATE OF THE *Former Justice specially assigned to the Superior Court. J-S86023-10 DID THE TRIAL COURT ERR AND COMMIT AN ABUSE OF DISCRETION IN FAILING TO FIND THAT THE CHILDREN'S BEST INTEREST WOULD BE SERVED BY MAINTAINING THE STATUS QUO CUSTODY ARRANGEMENT SET FORTH IN THE PREVIOUS ORDER OF COURT, DATED AUGUST 5, 2009 PARTICULARLY WHERE BOTH CHILDREN ARE THRIVING IN SCHOOL, THE DAUGHTER IS IN THE GIFTED PROGRAM AND AN EXPERT RECOMMENDATION MADE PART OF THE RECORD BY WAY OF [MOTHER'S] TESTIMONY PROVIDED THAT THE CUSTODIAL ARRANGEMENT OUTLINED IN THE PREVIOUS ORDER OF COURT SHOULD, IN THE BEST INTERESTS OF THE CHILDREN, REMAIN IN PLACE? DID THE TRIAL COURT ERR AND COMMIT AN ABUSE OF DISCRETION TO THE EXTENT THAT IT RELIED UPON THE CHILDREN'S PREFERENCE TO LIVE WITH [MOTHER WHERE THE CHILDREN INDICATED THAT THEY PRIMARILY JUST WANTED TO ATTEND THE CARLISLE SCHOOL DISTRICT BASED UPON RUMORS THEY HEARD FROM FRIENDS THAT CARLISLE SCHOOL DISTRICT WAS BETTER THAN BIG SPRING SCHOOL DISTRICT; WHERE THE CHILDREN TESTIFIED THAT THEY WERE NOT AWARE THAT THEY COULD ATTEND CARLISLE SCHOOL DISTRICT AND ALSO MAINTAIN THEIR ARRANGEMENT; WHERE THE RECORD CURRENT SHOWS STHAT [MOTHER] AND HER PARTNER COACHED THE CHILDREN TO BELIEVE THAT CARLISLE SCHOOL DISTRICT WAS BETTER THAN BIG SPRING SCHOOL DISTRICT; AND WHERE [SON] CONCEDED THAT HE WOULD STAY IN A 50/50 SPLIT AFTER HE WAS MADE AWARE THAT HE COULD CHANGE SCHOOL DISTRICTS WITHOUT CHANGING HIS RESIDENCE? (Father's Brief at 6). In custody cases, the relevant scope and standard of review are as follows: [T]he appellate court is not bound by the deductions or inferences made by the trial court from its findings of fact nor must the reviewing court accept a finding that has no competent evidence to support it.... However, this broad -2- J-S86023-10 scope of review does not vest in the reviewing court the duty or the privilege of making its own independent determination.... Thus, an appellate court is empowered to determine whether the trial court's incontrovertible factual findings support its factual conclusions, but it may not interfere with those conclusions unless they are unreasonable in view of the trial court's factual findings; and thus, represent a gross abuse of discretion. R.M.G., Jr. v. F.M.G., 986 A.2d 1234, 1237 (Pa-Super. 2009 (quoting 80vard v. Baker, 775 A.2d 835, 838 (Pa.Super. 2001)). "[O]n issues of credibility and weight of the evidence, we defer to the findings of the trial judge who has had the opportunity to observe the proceedings and demeanor of the witnesses." R.M.G., 1r,, supra at 1237 (quoting Bii/hime v. Bi//hime, 869 A.2d 1031, 1036 (Pa-Super. 2005 The parties cannot dictate the amount of weight the trial court places on evidence. Rather, the paramount concern of the trial court is the best interest of the child. Appellate interference is unwarranted if the trial court's consideration of the best interest of the child was careful and thorough, and we are unable to find any abuse of discretion. R. M. G,, jr., supra at 1237 (quoting S.M. v. 1.M,, 811 A.2d 621, 623 (Pa-Super. 2002)). After a thorough review of the record, the briefs of the parties the applicable law, and the well-reasoned opinion of the Honorable M. L. Ebert, Jr., we conclude Father's issues merit no relief. The trial court opinion comprehensively discusses and properly disposes of the questions presented. (See Trial Court Opinion, entered September 28, 2010, at 6- 10) (finding: (1) substantial change in circumstances was not prerequisite to -3- J-S86023-10 modification of custody order; rather, best interests of Children was paramount consideration; (2) court served best interests of Children in granting primary physical custody to Mother during school year; 3 Children are intelligent and mature, and provided well-articulated reasons for desire to live with Mother; court did not over-emphasize Children's testimony, using it as only one factor in evaluation of circumstances; Father harbors anger toward Mother due to her decision to leave him; Father's anger is apparent to Children and renders communication between parents very difficult; to enhance Children's educational environment, court modified custody to allow Children to remain with Mother during school week court denied Mother's request to maintain primary custody during summer , because Father should be allowed maximum time with Children outside school year; and court declined to consider purported custody evaluation ' where counselor did not testify and parties did not enter report into record). Accordingly, we affirm on the basis of the trial court's opinion. Order affirmed. -4- J-S86023-10 Judgment Entered. Deputy prothonotary December 30, 2010 Date: -5- MARK YOHE, Plaintiff 19,1 RR [3 P11 ': i ?f'?L3iHJ 1 L1' ^HNunt7 E V. (afq fl'1 JENNIFER YORE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY Defendant : NO. 2007-1914 CIVIL TERM COUNTER-AFFIDAVIT REGARDING RELOCATION This proposal of relocation involves the following children: Mikayla Yohe 14 1152 Belvedere Street, Carlisle, PA 17013 Tristen Yohe 12 1152 Belvedere Street, Carlisle, PA 17013 I have received a notice of proposed relocation and I do not object to the relocation and I do not object to the modification of the custody order consistent with the proposal for revised custody schedule as attached to the notice. 2. I do not object to the relocation, but I do object to modification of the custody order, and I request that a hearing be scheduled: a. Prior to allowing Mikayla and Tristen Yohe to relocate. b. After Mikayla and Tristen Yohe relocate. V/I do object to the relocation and I do object to the modification of the custody order, and I further request that a hearing be held on both matters prior to the relocation taking place. I understand that in addition to checking (2) or (3) above, I must also file this notice with the court in writing and serve it on the other party by certified mail, return receipt requested. If I fail to do so within 30 days of my receipt of the proposed relocation notice, I shall be foreclosed from objecting to the relocation. I verify that the statements made in this counter-affidavit are true and correct. 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 Z ?! Mark Yohe, Plainti WALKER, CONNOR & SPANG, LLC 247 Lincoln Wat, East Chamhersburg PA 17201 (717) 262-2185 (717) 262-2187-- Fax Mark F. Yohe. - -----Y_--__- IN THE COURT OF COMMON PLEAS ----_- Plaintiff, CUMBERI_.AND COUNTY. PA v. NO. 07-1914 CIVIL TERM 77 3 +?, -f Jennifer R. Yohe. CIVII. ACTION - LAW cz, Ty Defendant, IN CUSTODY rv r'' CERTIFICATE OF SERVICE N f? -' crr 1. Martha B. Walker, Esquire, hereby certify that on this 16"' day of April, 20 "2, I-serv&a true and correct copy of the Counter Affidavit Regarding Relocation, at the address indicated below: Anna Strawn Family Law Clinic Penn State Dickinson School of Law The Dale 1?. Shugart Community Law Center 45 North Pitt Street Carlisle. PA 1701 Service by Personal service via hand delivery Service by First Class. Certified Mail with return receipt. United States Mail, postage pre-paid. mailed at Chambersburg, PA. addressed as indicated above Overni(yht delivery Service by placing a copy of the above document in counsel's box in the Office of the Recorder of Deeds of Franklin County Facsimile service Certified/Registered Mail WALKER, CONNOR & SPANG, LLC I i I! i 13Y (\tl ha B. a ker.. Esquire Attorney I.D. 415989 247 Lincoln Way East Chambersburg, PA 17201 (717) 262-2185 /Attorney for Plaintiff M ED to S U Post al Service T, :l. . CE . RTIF IED MAIL Th, REC EIPT (Do mestic M ail Only; No Ins urance c overage Provid- di O S t To [T \) fit f t yt / i C? /Y ?t??C L Street, Apt. p f J cZ1=4 `r... or po box No r Ci State,.LIF'+9 6 UTM .?z `lam ED r O Total Rostage? L, .-I- C'tm?edlee p Retcrn Receipt 1-ee I (Endorsement Requ fed) i] C3 Restncted Dehvery I`ee i (Endorsement Pequired) ; ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: 44 A. B. Rycalved by Pri ad Name) C. ?? f I L? D. Is delivery address different from Item 1 ? Yes if YES, enter delivery address below: 0 No 3. Serv,c Type ertifled d Mail 0 Express Mail 0 Registered turn Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Prticie Number 7009 0080 0001 4561 5 , ...r. r (Transfer from service label) - ------- -- -- v.? ? ?? ao PS Form 3811, February 2004 1 1 /11 1? 102595-02-M-15 MARK E. YORE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER R. YORE, DEFENDANT NO. 07-1914 CIVIL ORDER OF COURT AND NOW, this 25th day of April, 2012, upon consideration of Jennifer Yohe's Notice of Intent to Relocate, Mark Yohe's objection thereto, and the Court noting that the children will be spending the summer with Father and that the relocation to Indiana is proposed to take place at the beginning of the 2012-2013 school year; IT IS HEREBY ORDERED AND DIRECTED pursuant to 23 Pa.C.S.A. §5337(g) a hearing on the matter will be held on Wednesday, June 20, 2012, at 1:45 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania; IT IS FURTHER ORDERED AND DIRECTED that each party shall provide to the Court, at least five days before the hearing, a pre-hearing memorandum which will address each party's position regarding the relocation factors contained in 23 Pa.C.S.A. §5337(h), and the witnesses to be called by the party. VMark Yohe, Pro Se Plaintiff Family Law Clinic Attorney for Defendant &p`es ma. lod ye s/ia By the Court, c ° ^0W z- M. L. Ebert, Jr., J. N a -[ cn --aca "v -n r7 bas ,P? G MARK YOHE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER YORE, Defendant NO. 07-1914 CIVIL TERM CERTIFICATE OF SERVICE I, Anna Strawn, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Order of Court on Mark Yohe by his attorney Martha Walker at 247 Lincoln Way East, Chambersburg, PA 17201, by depositing a copy of the same in the United States mail. r i Date Anna Strawn Certified Legal Intern EC FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 m Nr may' r- ? to a p, C -»k N "O ?c ti ran ? :. ?C U MARK YOHE, : IN THE COURT OF COMMON PLEASE OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW JENNIFER R. YORE, Defendant : NO. 2007-1914 CIVIL TERM CERTIFICATE OF SERVICE I, Anna Strawn, hereby certify that I served a true and correct copy of the Defendant's Pre-Hearing Memorandum on Mark Yohe, by his attorney Martha Walker at 247 Lincoln Way East, Chambersburg, PA 17201, by depositing a copy of the same in the United States mail. Date Anna Strawn COMMUNITY LAW CLINIC 371 W. South St. Carlisle, PA 17013 (717) 243-2968 Fax: (717) 241-3596 MARK YORE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V 07-1914 CIVIL TERM JENNIFER YOHE, Defendant IN RE: CUSTODY HEARING CONTINUED ORDER OF COURT AND NOW, this 20th day of June, 2012, at the request of the father, hearing in this matter is continued to July 13, 2012, at 9:00 a.m., before Judge Ebert. By the , Edward E. Guido, J. L Cfi pa a. S- i?Martha B. Walker, Esquire =? Z n Q'rr For the Plaintiff ?, ? Anna Strawn, Certified Legal Intern q an --r Community Law Clinic -•. Megan Reismeyer, Esquire Community Law Clinic mt f 4(e,s ,mac r MARK YOHE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW JENNIFER R. YOHE, Defendant : NO. 2007-1914 CIVIL TERM CUSTODY ORDER NOW THIS V? th day of TJl , 2012, upon consideration of the attached Agreement as to Custody, it is ordered and directed as follows: 1. Mother and Father shall share legal custody of the children, Mikayla Yohe born February 15, 1998 and Tristen Yohe born November 12, 1999. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody of the children as follows: a. Labor Day weekend b. The academic year Fall Break c. Thanksgiving Break d. One half of Christmas break. Father shall have the first half during even years and the last half during odd years. Mother shall have the first half during odd years and the last half during even years. For the 2012-2013 academic year the first half will be December 22, 2012 until December 29, 2012. The second half will be from December 29, 2012 until January 6, 2012. e. President's Day weekend f. The academic year Spring Break g. Summer Break. Father's custody shall begin one week after school ends (taking into account snow make-up days if necessary). Father's custody shall end one week before the new school year begins. In 2012 Father's summer custodial period shall end on July 31 at noon. 4. The parties shall be free to mutually agree upon other periods of physical custody for Mother or Father. 5. Only Mother, Karen Kirby, or Ms. Kirby's parents will provide transportation for the pick-up and return of the children with the exceptions of Labor Day weekend and President's Day weekend. On those occasions the custody exchange will take place at the Love's Truck-stop in Zanesville Ohio. On all other occasions custody will be exchanged at the Sheetz in Newville Pennsylvania. The parties shall be free to mutually agree upon other means of transportation for the children. 6. Mother and Father will notify each other of all medical care the children receive while in the parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while the children are in that parent's care. 7. Mother will e-mail Father reports of school information, after school activities and other activities in which the children are involved as the information becomes available to her. 8. Father shall be allowed to call the children at 9:00 p.m. on Mondays and Skype with the children at 9:00 p.m. on Thursdays. 9. Notwithstanding Article 21 of the Indiana Code (Uniform Child Custody Jurisdiction Act), jurisdiction will remain in Cumberland County, Pennsylvania for any future custody issues. 10. Neither parent will do anything which may estrange the children from the other party, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. 11. 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. 12. Father is represented by Martha Walker. Mother is represented by the Community Law Clinic. 13. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. cc: ? Martha Walker, for Plaintiff r The Community Law Clinic, for Defendant Cep;?s /ka leo( 7//7/?a mro M C- . ?r r' _w BY THE COURT F:\FILES\Clients\15684 Yohe\15684.2\ 15684.2.motion.wpd Katie J. Maxwell, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Attorney I.D. No. 206018 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff 2 11I — I Pl ?: 3 i.:d CUMBERLAND CUU T—Y PENNSYLVANIA MARK YOHE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW JENNIFER R. YOHE, : NO. 2007-1914 CIVIL TERM Defendant MOTION FOR CONTEMPT AND NOW, comes the Plaintiff, Mark Yohe, by and through his attorneys, MARTSON LAW OFFICES, and in support of his Motion fro Contempt avers as follows: 1. Mark Yohe is an individual residing at 476 Centerville Road, Newville, Cumberland County, Pennsylvania 17241. 2. Jennifer Ludwig, formerly known as Jennifer R. Yohe, is an adult individual residing at 370 Washington Street, Morgantown, IN 46160. 3. The parties are the parents of the following minor children: Mikayla Yohe, born February 15, 1998 and Tristan Yohe, born November 12, 1999. 4. On July 17, 2012, the Honorable M. L. Ebert, Jr., entered a Custody Order pursuant to the agreement of the parties. A true and accurate copy of that Order is attached hereto as Exhibit "A". 5. Paragraph 3(g) provides that Father's custody of the minor children shall begin one week after school ends and continue until one week before school begins. 6. The minor children have been out of school for nearly one month, and Mother refused to permit Father to exercise his period of custody. 3 -CO pct -1-14 Pfr 3079,-/ 7. Mother refuses to discuss the matter with Father. WHEREFORE, Plaintiff Mark Yohe respectfully requests this Honorable Court to enter an Order holding Defendant in contempt and ordering Defendant to permit Father to exercise his periods of summer break custody. MARTSON LAW OFFICES Katie J. M. - 1, Esquire Attorney I.D. No. 206018 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: ? (I 1 l`1 vIwRcnuoH The foregoing Motion for Contemp is based upon information which has been gathered by my counsel in the preparation of the lawsuit The language of the document is That of counsel and not my own. 1 have read the Motion and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification arc made subject to the penalties of 18 Pa. C.S. Section4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Motion for Contempt was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jennifer R. Yohe Ludwig 370 Washington Street Morgantown, IN 46160 MARTSON LAW OFFICES By Dated: q1/i" t4L M. Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 MARK YOHE IN THE COURT OF COMMON PLEAS OF 2 PLAINTIFF V. JENNIFER R. YOHE DEFENDANT . CUMBERLAND COUNTY, PENNSYLVA 2007-1914 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, July 07, 2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, August 05, 2014 1:30 OM 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: /s/ John J. Mangan, Jr., Esq. Ju„/ 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. 6p1es leediGeo/ o edoveg Cs6 o oahf qf2 est. 70 5, 4e, Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARK E. YOHE : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA r� v. : No. 07-1914 Civil Term rmri oo JENNIFER R. YOHE (Dr' Defendant : ACTION IN CUSTODY c =c::› Prior Judge: M. L. Ebert, Jr, J. COURT ORDER AND NOW, this tt;h day of August 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. Father's Petition for Contempt is hereby held in abeyance until the scheduled status conference. 2. Legal Custody: The Father, Mark E. Yohe and the Mother, Jennifer R. Yohe, shall enjoy shared legal custody of Mikayla Yohe, born February 15, 1998 and Tristen Yohe, born November 12, 1999. The parties agree that major non -emergency decisions concerning the children's health, welfare, education and religion shall be made by them jointly, after discussion and consultation with the other, with a view toward obtaining and following a harmonious policy in the children's best interest. 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 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. 3. Physical Custody: The Mother, Jennifer Yohe, shall have primary physical custody of the Children subject to Father's, Mark E. Yohe's, partial physical custody as follows: a. Labor Day weekend b. The academic year fall break c. Thanksgiving break d. One half of Christmas break. Father shall have the first half during even years and the last half during odd years. Mother shall have the first half during odd years and the last half during even years. e. President's Day weekend f. The academic year Spring break g. Summer break. father's custody shall begin one week after school ends (taking into account snow make-up days if necessary). Father's custody shall end one week before the new school year begins. h. It is specifically understood that due consideration shall be given by each parent to the Child/ren's desire, or lack thereof, to spend custodial time with Father. i. The parties shall be free to mutually agree upon other periods of physical custody for Mother or Father. 4. Only Mother, Karen Kirby, or Ms. Kirby's parents will provide transportation for the pick-up and return of the Children with the exceptions of Labor Day weekend and President's Day weekend. On those occasions the custody exchange will take place at the Love's Truck -stop in Zanesville Ohio. On all other occasions custody will be exchanged at the Sheetz in Newville PA. The parties shall be free to mutually agree upon other means of transportation for the Children. 5. Counseling: The parties are directed to engage in therapeutic family counseling (the focus on reunification/repairing the relationship between Father and the Children) with a mutually -agreed upon professional. Mother is to forward a list of covered providers to Father's counsel within ten days of the instant Order. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 6. Mother and Father will notify each other of all medical care the Children receive while in the parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while the Children are in that parent's care. 7. Mother will email Father reports of school information, after school activities and other activities in which the Children are involved as the information becomes available to her. 8. Additionally, Mother shall email Father one time per week regarding updates on the Children and the Children's overall well-being. 9. Father shall be allowed to call the Children at 8:30 pm on Mondays and Skype with the Children at 8:30 pm on Thursdays. 10. Notwithstanding Article 21 of the Indiana Code (Uniform Child Custody Jurisdiction Act), jurisdiction will remain in Cumberland County, Pennsylvania for any future custody issues. 11. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. It is specifically directed that neither party shall disparage the other party's significant other in the presence of the Children. The parents are not to involve or influence the Children in regard to negative inferences/statements against the other parent. 12. A status conference with the assigned conciliator is hereby scheduled for Tuesday November 18, 2014 at 9:00 am. Mother shall attend by phone. 13. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non - relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 14. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Cc: tie Maxwell, Esquire Jennifer Yohe, 370 East Washington St., Morgantown, IN 46160 /ran J. Mangan, Esquire Ca t E lr/!(i MARK E. YOHE v. JENNIFER R. YOHE : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-1914 Civil Term Defendant : ACTION IN CUSTODY Prior Judge: M. L. Ebert, Jr., J. 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: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Mikayla Yohe February 15, 1998 Father and Mother Tristen Yohe November 12, 1999 Father and Mother 2. The Honorable M. L. Ebert previously entered Orders of Court dated June 19, 2007, August 10, 2007, September 12, 2007 and December 18, 2007. A Conciliation Conference update was held on August 20, 2008, an Order issued August 29, 2008, a conciliation conference was held July 30, 2009, an Order issued August 05, 2009, a stipulation was filed and an Order issued July 17, 2012. Father filed a petition for contempt and a conference was held August 05, 2014 with the following individuals participating: The Father, Mark E. Yohe with his counsel, Katie Maxwell, Esquire The Mother, Jennifer R. Yohe, self -represented party by phone. 3. The undersigned recommends, and the parties agreed to, the entry of an Order Date in the form as attached. Wcah (Cohn Mangan, Esquire us ody Conciliator 2 MARK E. YOHE v. JENNIFER R. YOHE : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-1914 Civil Term Defendant : ACTION IN CUSTODY Prior Judge: M. L. Ebert, Jr, J. COURT ORDER el ) AND NOW, this day of November 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. Father's Petition for Contempt is hereby dismissed without prejudice. 2. Legal Custody: The Father, Mark E. Yohe and the Mother, Jennifer R. Yohe, shall enjoy shared legal custody of Mikayla Yohe, born February 15, 1998 and Tristen Yohe, born November 12, 1999. The parties agree that major non -emergency decisions concerning the children's health, welfare, education and religion shall be made by them jointly, after discussion and consultation with the other, with a view toward obtaining and following a harmonious policy in the children's best interest. 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 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. 3. Physical Custody: The Mother, Jennifer Yohe, shall have primary physical custody of the Children subject to Father's, Mark E. Yohe's, partial physical custody as follows: a. Labor Day weekend b. The academic year fall break c. Thanksgiving break d. One half of Christmas break. Father shall have the first half during even years and the last half during odd years. Mother shall have the first half during odd years and the last half during even years. e. President's Day weekend f. The academic year Spring break g. Summer break. Father's custody shall begin one week after school ends (taking into account snow make-up days if necessary). Father's custody shall end one week before the new school year begins. h. It is specifically understood that due consideration shall be given by each parent to the Child/ren's desire, or lack thereof, to spend custodial time with Father. i. The parties shall be free to mutually agree upon other periods of physical custody for Mother or Father. 4. Only Mother, Karen Kirby, or Ms. Kirby's parents will provide transportation for the pick-up and return of the Children with the exceptions of Labor Day weekend and President's Day weekend. On those occasions the custody exchange will take place at the Love's Truck -stop in Zanesville Ohio. On all other occasions custody will be exchanged at the Sheetz in Newville PA. The parties shall be free to mutually agree upon other means of transportation for the Children. 5. Counseling: The parties are directed to continue to engage in therapeutic family counseling (the focus. on reunification/repairing the relationship between Father and the Children) with a mutually -agreed upon professional (currently Lisa Lewis). The counseling shall continue until no longer recommended. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 6. Mother and Father will notify each other of all medical care the Children receive while in the parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while the Children are in that parent's care. 7. Mother will email Father reports of school information, after school activities and other activities in which the Children are involved as the information becomes available to her. 8. Additionally, Mother shall email Father one time per week regarding updates on the Children and the Children's overall well-being. 9. Father shall be allowed to call the Children at 8:30 pm on Mondays and Skype with the Children at 8:30 pm on Thursdays. 10. Notwithstanding Article 21 of the Indiana Code (Uniform Child Custody Jurisdiction Act), jurisdiction will remain in Cumberland County, Pennsylvania for any future custody issues. 11. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. It is specifically directed that neither party shall disparage the other party's significant other in the presence of the Children. The parents are not to involve or influence the Children in regard to negative inferences/statements against the other parent. 12. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non - relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 13. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Cc:.' Katie Maxwell, Esquire Jennifer Yohe, 370 East Washington St., Morgantown, IN 46160 f John J. Mangan, Esquire eor MARK E. YOHE : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. JENNIFER R. YOHE : No. 07-1914 Civil Tenn Defendant : ACTION IN CUSTODY Prior Judge: M. L. Ebert, Jr., J. 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: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Mikayla Yohe February 15, 1998 Father and Mother Tristen Yohe November 12, 1999 Father and Mother 2. The Honorable M. L. Ebert previously entered Orders of Court dated June 19, 2007, August 10, 2007, September 12, 2007 and December 18, 2007. A Conciliation Conference update was held on August 20, 2008, an Order issued August 29, 2008, a conciliation conference was held July 30, 2009, an Order issued August 05, 2009, a stipulation was filed and an Order issued July 17,-' 2012. Father filed a petition for contempt, a conference was held August 05, 2014, an Order issued August 11, 2014 and a conference was held November. 18, 2014 with the following individuals participating: The Father, Mark E. Yohe with his counsel, Katie Maxwell, Esquire The Mother, Jennifer R. Yohe, self -represented party by phone. Date / The undersigned recommends, and the parties agreed to, the entry of an Order in the form as attached. J J. Mangan, Esquire Custody Conciliator