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HomeMy WebLinkAbout03-2903Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff RAYMOND E. YOHN, SR., Plaintiff V. BARBARA ANN RUDY (YOHN), Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.C -D CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, this 1~It' day of June 2003, comes the Plaintiff, RAYMOND E. ¥OHN, SR., by and through his attorneys, Johnson, Duffle, Stewart & Weidner, and files this Complaint for Custody against Defendant, BARBARA ANN RUDI (¥OHN), and in support thereof avers as follows: 1. The Plaintiff is Raymond E. Yohn, Sr., hereinafter referred to as "FATHER," who resides at 913 Apollo Beach Boulevard, #73, Apollo Beach, Hillsboro County, Florida, 33572. 2. The Defendant is Barbara Ann Rudi (Yohn), hereinafter referred to as "MOTHER," who resides at 205 Conodoguinet Avenue, Apt. 4, Camp Hill, Cumberland County, Pennsylvania 17011. 3. FATHER seeks primary custody of the following child: AMANDA M. YOHN, age twelve (12) years (DOB: December 1, 1990). FATHER seeks to confirm his primary custody of the following child: RAYMOND E. YOHN, JR., age fourteen (14)years (DOB: December 6, 1988). 4. The children were not born out of wedlock. 5. The minor child, AMANDA M. YOHN, is presently in the primary physical custody of MOTHER at 205 Conodoguinet Avenue, Apt. 4, Camp Hill, Cumberland County, Pennsylvania, as set forth by the most recent Order of Court dated March 10, 1998. The minor child, RAYMOND E. YOHN, JR., is presently in the primary physical custody of FATHER at 913 Apollo Beach Boulevard, #73, Apollo Beach, Hillsboro County, Florida, 33572. While the most recent Order of Court dated March 10, 1998, states that MOTHER shall have majority physical custody of both minor children, RAYMOND E. YOHN, JR., with the consent of both parties, has resided primarily with FATHER since the summer of 2002. addresses: During the past five years, the child has resided with the following persons at the following Jim Cumo, Barbara Rudy, 112 Millers Gap Road Amanda Yohn, Enola, PA 17025 1998-2002 Raymond E. Yohn, Jr. Carol Rudy, Barbara Rudy, 205 Conodoguinet Avenue 2002-April 2003 Amanda Yohn, Apt. 4 Michael (Carol's boyfriend) Camp Hill, PA 17011 Jeanette Wolf, 1237 Braggtown Road Amanda Yohn Dillsburg, PA 17019 April 2003-May 2003 Carol Rudy, Barbara Rudy, 205 Conodoguinet Avenue Amanda Yohn, Apt. 4 May 2003-present Michael (Carol's boyfriend) Camp Hill, PA 17011 Raymond E. Yohn, Sr., 10735 Gawain Road Raymond E. Yohn, Jr. Port Ritchey, FL 34660 2002- Christy Yohn Raymond E. Yohn, Sr., 913 Apollo Beach Boulevard, #73 Raymond E. Yohn, Jr. Apollo Beach, FL 33572 -present 7. The natural father of the children is Plaintiff, Raymond E. Yohn, Sr. He is single. 8. The mother of the children is Defendant, Barbara Ann Rudy (Yohn). She is single. 9. The relationship of Plaintiff to the children is that of natural father. Plaintiff currently resides with the following persons: Raymond E. Yohn, Jr. 10. The relationship of Defendant to the children is that of natural mother. The Defendant currently resides with the following persons: Amanda M. Yohn, Carol Rudy, and Michael ?? (Carol's boyfriend). 11. FATHER and MOTHER participated as parties in other litigation concerning the custody of this children in the Court of Common Pleas, Adams County, Pennsylvania. That was a prior custody ~roceeding docketed to 94-S-895, to which the most recent Order of Court was entered in March 10, 1998. A true and correct copy of this Order and the Stipulation for the agreed-upon Orders is attached hereto and ~ncorporated to as Exhibit "A." 12. FATHER has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, other than the matter set forth in Paragraph 11, in the Court of Common Pleas of Adams County. 13. FATHER does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 14. The best interest and permanent welfare of the minor child, AMANDA M. YOHN, will be served by granting the relief requested because: A. FATHER can provide financial and emotional stability for the child as well as a stable residence in an environment where the child can thrive; needs; FATHER has maintained steady employment and can provide for the child's financial C. MOTHER has demonstrated that she is incapable of responsibly caring for the minor child due to her drug and alcohol abuse; D. MOTHER has demonstrated that she is not capable of maintaining a residence for her and the child and has, in fact, for periods of time disappeared without informing FATHER or any other family members of the whereabouts of her and Amanda; E. MOTHER has not been able to maintain steady employment and is not financially capable of caring for the child; F. To grant the relief requested, the Court would be uniting the minor children so they are able to maintain a strong sibling relationship; G. MOTHER's actions are having an adverse impact on the minor child in that she is missing school and her grades and extracurricular activities have suffered. The best interest and permanent welfare of the minor child, RAYMOND E. YOHN, JR., will be served by granting the relief requested because: A. The parties hereto, in 2002, agreed that it was in Raymond E. Yohn, Jr.'s best interest to reside primarily with FATHER, and to enroll in the Hillsboro school system; B. Raymond E. Yohn, Jr., was receiving failing grades while he resided locally until he relocated. He currently is maintaining a "B" average and is adjusting well to the relocation; C. With respect to the custody of the minor child, Raymond E. Yohn, Jr., we are simply requesting that the Court confirm by Order the custody arrangement which the parties previously agreed upon. 15. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, FATHER requests that this Honorable Court grant him primary physical custody of the minor child, AMANDA M. YOHN, subject to periods of partial custody to MOTHER, and confirm primary physical custody of the minor child, RAYMOND E. YOHN, JR. Respectfully submitted, :214273 JOHNSON, DUFFLE, S~.~,W, ART & WEIDNER Uj~k C. Duffiel ~.~ VERIFICATION I, Raymond E. Yohn, Sr., verify that the statements made in the foregoing Complaint for Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. ,~4904 relating to unsworn falsification to authorities. R~ymond E. Yohn, ~. - Plaintiff' RAYMOND E. YOHN, SR. PLAINTIFF V. BARBARA ANN RUDY (YOHN) DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 03-2903 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Tuesday, June 24, 2003 , upon consideration of the attached Complaint, it is hereby cKrected that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechaniesburg, PA 17055 on Tuesday, July 15, 2003 at 2:30 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 de£me 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 TItE COURT, By: /s/ Dawn S. Sunday, Esq. 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 hav/ng business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business befbre 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 TELEPttONE 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 RAYMOND E. YOHN Plaintiff VS. BARBARA ANN RUDY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2903 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 13TM day of August 2003 , the conciliator, being advised by plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for August 14, 2003, is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761~[540 Attorneys for Plaintiff RAYMOND E. YOHN, SR., Plaintiff V. BARBARA ANN RUDY (YOHN), Defendant iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2903 Civil Term CIVIL ACTION - LAW IN CUSTODY STIPULATION FOR CUSTODY AND NOW, this ~'~'*day of ~ 2003, BARBARA ANN RUDY, hereinafter referred to as "MOTHER," and RAYMOND E. YOHN, SR., hereinafter referred to as "FATHER" hereby enter into this Stipulation for Custody with respect to the minor children, Raymond E. Yohn, Jr., and Amanda M. Yohn. WHEREAS, the Plaintiff, Raymond E. Yohn, Sr., filed the above-captioned action for custody on June 19, 2003; and WHEREAS, the parties are the natural parents of two children: Raymond E. Yohn, Jr., age 14 years (DOB: December 6, 1988), and Amanda M. Yohn, age 12 years (DOB: December 1, 1990); and WHEREAS, it is the intent of the parties that this Honorable Court incorporate the provisions set forth herein as an Order of Court superceding the existing Custody Order in the Court of Common Pleas of Adams County at docket no. 94-S-895, dated March 10, 1988 A true and correct copy of said Order of Court is attached hereto and incorporated herein as Exhibit "A"; and WHEREAS, the parties have reached an agreement regarding a parenting plan which they believe reflects the best interest of the children. NOW, THEREFORE, the parties having had adequate opportunity to review the following parenting ~lan and intending to be legally bound hereby, stipulate and agree as follows: 1. Legal Custody. MOTHER and FATHER shall have shared legal custody of their minor children, Raymond E. Yohn, Jr., born December 6, 1988, and Amanda M. Yohn, born December 1, 1990. Each parent shall have an equal right, to be exercised jointly with 'the other parent, 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. Pursuant to the terms of 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 )arent 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. 2. Physical Custody. MOTHER and FATHER shall share parenting time to be determined at the parties' agreement and discretion. 3. Neither party shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. The parties will encourage the children to love and respect both parents and support the children having a relationship with both parents. 4. The parties intend that this Stipulation be made into an Order of Court. IN WITNESS WHEREOF, the parties hereto, each intending to be legally bound, have caused this Custody Stipulation to be signed and delivered as of the day and year first written above. WITNESS: :216923 ~-~rnor(d E. ¥of~n, sF_,.._.J~ OCT 0 B 2003 RAYMOND E. YOHN, SR., Plaintiff V. BARBARA ANN RUDY (YOHN), Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2903 Civil Term CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this _.~day of ~) ~"[, 2003, upon agreement of the above-captioned ~arties, the attached Stipulation for Custody is hereby made into an Order of Court which shall become effective immediately.