Loading...
HomeMy WebLinkAbout03-4869 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. oJ - 4~"'q Civil Term JOHN R. YINGST, vs. ANGELA F. YINGST, Defendant : ACTION IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. Where the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Office ofthe Prothonotary, Crnnberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 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. Crnnberland County Bar Association 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. YINGST, vs. No. 03 - '-11 foe; Civil Term ANGELA F. YINGST, Defendant ACTION IN DIVORCE COMPLAINT IN DIVORCE I. Plaintiff is John R. Yingst, a competent adult individual, who has resided at 402 E. Main St., Apt. A, Mechanicsburg, Cumberland County, Pennsylvania, 17055, since May 2003. 2. Defendant is Angela F. Yingst, a competent adult individual, who has resided at 1441 Newtown Circle, Mechanicsburg, Cumberland County, Pennsylvania, 17050, since October 1998. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on November 9, 1996 in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have one children together, namely, Caitlin Savannah Yingst, date of birth, 1/11/00. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. 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. 94904 relating to unsworn falsification to authorities. JoiJJ3p/j:F Respectfully submitted, D,w '1 i'~()~ Qj)~ e Adams, Esquire . No. 79465 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ~ ~ ~(\ - - ~ -t. ..{ ~ v\ ~ ~ ~ () ~. (y r^ (-~' <.) c,.': ~-/) ""!"1" q r-,-. ".J - c: :@ '.,) IY. , r JOHN R. YINGST, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 03 - 4869 Civil Term ANGELA F. YINGST, Defendant : ACTION IN DIVORCE ACCEPTANCE OF SERVICE PURSUANT TO FA.R.C.P 4 02(B) AND PA.R.C.P.1920.4 I, the undersigned attorney for the Defendant in the above-captioned action, being duly authorized by said Defendant, hereby accepted service of a certified copy of the Divorce Complaint filed in the above-captioned matter on the date listed below. Date:~OO3 ~~..~ S Andes, Esq . e 525 N. 12th St. Lemoyne,Pa.17043 (717) 761-5361 . C) 0 0 c W -n ~ 0 ..... ;:HO " -r::__ c',' .... ~,,:;..d Z:X I "--;:;f!J z" (J))' 0' 2'" (--~:}~ ~t;_ -0 ':,~2f~ ~(: -',.," ~c ;f::n'i C ~ Z 4" :!(j ::;J (w '< Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. YINGST, vs. No. 03 - 4869 Civil Term ANGELA H. YINGST, Defendant ACTION IN DIVORCE STIPULATION AND CUSTODY AGRlGEMENT This Stipulation and Custody Agreement is made this 23~ay of M~ ' 2004, by and between ANGELA H. YINGST, (Hereinafter referred to as "Mother"), of Mechanics burg, Cumberland County, Pennsylvania, and JOHN R. YINGST, (Hereinafter referred to as "Father"), of Mechanicsburg, Cumberland County, Pennsylvania. WHEREAS, Mother and Father are the natural parents of one minor child, namely, Caitlin Savannah Yingst, date of birth, January II, 2000; WHEREAS, Mother and Father have reached an agreemtmt relative to the future care, custody, and visitation of their child, the terms of which agreem<:nt both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of1he present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the children. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: I. Lel!al Custody 0 Mother and Father shall have joint lel~al custody of their child. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of the child, including educational, medkal, and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of the child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody. Physical Custody of the child as that term is defined in the custody act, shall be equally shared with Father and Mother. The parties shall share physical custody as follows: Father shall always have custody: Every Monday from 4:00 p.m. through 4:00 p.m. Tuesday. Every Wednesday from 4:00 p.m. through 4:00 p.m. Thursday. Mother shall always have custody: Every Tuesday from 4:00 p.m. through 4:00 p.m. Wednesday. Every Thursday from 4:00 p.m. through 4:00 p.m. Friday. Mother and Father shall alternate weekends as follows: Beginning on March 5", 2004, Mother shall have a period of custody with the child from Friday at 4:00 p.m. through Monday at 4:00 p.m. The following weekend, Father shall have a period of custody with the child from Friday at 4:00 p.m. through Monday at 4:00 p.m. The parties shall continue to alternate custody according to this schedule unless otherwise mutually agreed. Note: Some of the parties' periods of custody may be consecutive. Nothing shall prevent the parties from altering the provisions of this custody stipulation by mutual agreement. 4. Holidays and Vacations. Holidays will be mutually shared by the parties according to the following schedule. The Holiday schedule shall prevail over and supercede the regular custody schedule. A. The following holidays will be divided by the parties under this section: Thanksgiving, Christmas Eve, Christmas, Easter, Mother's Day, and Father's Day. B. During even numbered years and every even numbered year hereafter, The parties shall have custody as follows: Thanksgiving: On Thanksgiving, the parties shall follow their normal schedule, however the custody exchange shall take place at 2:30 p.m. instead of 4:00 p.m. Christmas Eve and Christmas: Father shall have custody of the child from 4:00 p.m. December 24th until I :00 p.m. December 25th and Mother shall have custody of the child from I :00 p.m. December 25th through 4:00 p.m. December 26th. Easter: Mother shall have the child from 8:00 p.m. the day before Easter through 3:00 p.m. Easter Day. Father shall have the child from 3:00 p.m. Easter Day until his next regularly scheduled full period of custody ends. C. During odd numbered years, and every odd numbered year hereafter, Thanksgiving: On Thanksgiving, the parties shall follow their normal schedule, however the custody exchange shall take place at 2:30 p.m. instead of 4:00 p.m. Christmas Eve and Christmas: Mother shall have custody from 4:00 p.m. December 24th until I :00 p.m. December 25th and Father shall have custody of the child from I :00 p.m. December 25th through 4:00 p.m. December 26th. Easter: Father shall have the child from 8:00 p.m. the day before Easter through 3:00 p.m. Easter Day. Mother shall have the child from 3:00 p.m. Easter Day until her next regularly scheduled full period of custody ends. D. Mother's Day and Father's Day: Mother shall always have a block of time with the child on Mother's Day from 9:00 a.m. through 8:00 p.m. Father shall always have a block of time with child on Father's Day from 9:00 a.m. through 8:00 p.m. E. Other Holidays. The parties shall agree on visitation for other holidays by mutual agreement. If the parties cannot mutually agree on special holiday arrangements, they shall follow the regular custody schedule as provided in this stipulation. F. Vacation. Mother and Father shall each have the right to have an uninterrupted seven-day period of custody with the child during which a vacation may be taken. The seven-day period shall be taken during the summer and shall not interfere with the child's schooling. Notice of this period of custody must be given to the other parent at least thirty (30) days before the requested period. 5. Transnortation and Exchanl!e. The transportation shall be shared equally by the parties, with the parents to exchange custody at some mutually agreed upon location. At all times, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages prior to transporting the child or be under the influence of any alcoholic beverages while transporting the child. Transportation may be provided by a representative of each parent and is shall not be limited to the parent themselves. 6. Onl!oinl! Relationshin. Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the present of the child make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in exce:ss of forty-eight (48) hours, and for each person or entity which may provide daycare for the child. 7. Illness of the Child. Emergency decisions regarding the child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shalll mean any disability which confines the child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 8. Welfare of the Child to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. 9. Bindinl! Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 10. Governin~ Law. This Agreement shall be governed imd controlled by the laws of Pennsylvania. 11. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. 12. Entire Al!reement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: Q~~ ,-J ~. Andes, E~s 525 N. 12th St. P.O. Box 168 Lemoyne, Pa. 17043 (717) 761-5361 Attorney for Mother ~~ Adams, Esquire 3 S. Pitt St. artisle, Pa. 17013 (717) 245-8508 Attorney for Father (') ~ ~,~\"-; EPr!...' 2....('-.. (0 t:., ,~~(0: ;;:F:; >e ~: =< C> .::- ...... <::> .", ..,.. '- c:: :>:;: ~ :r fn:D :Be ~~ :1:-ri 0- .:c?-C) csm ~'t-,! .:.J..J -< - -0 :Jr \\7 Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA JUN 142004 f : No. 03 - 4869 Civil Term JOHN R. YINGST, vs. ANGELA H. YINGST, Defendant : ACTION IN DIVORCE ORDER AND NOW, this I b day of 2:> ~ ,2004, having reviewed the attached agreement between the parties dated May 28'" 2004, it is hereby ORDERED and DECREED that the agreement shall be entered as an ORDER ofCourl. cc: ~e Adams, Esquire, for Father ~am Andes, Esquire, for Mother ~ J. ,o~ OV\ " ?:: c.r. "'0' ~ \.l.}z 0..- 90 \-t~'- t 0:: ~ '6 ..J:) C'..! r?> ..J:) - :s ....., .g, F:\ .~. E;: -J 4, .~~\~ ::.,?J :?7.i~ j '(:{. \~)~~.~ ? o II Ii 'I JOHN R. YINGST, Plaintiff 11\1 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 1\10. 03-4869 CIVIL TERM ANGELA H. YINGST, Defendant IN DIVORCE PETITION FOR CONTEMPT AND NOW comes the above-named Defendant, bV her attorney, Samuel L. Andes, and petitions the court to adjudge the Plaintiff in contempt of its custody order in this matter, based upon the following: 1. The Petitioner herein is the Defendant, Angela H. Yingst. The Respondent herein is the Plaintiff, John R. Yingst. 2. The parties are the parents of one minor child, Caitlin Savannah Yingst, born 11 January 2000. The parties share custody of that child on a schedule set by this court's most recent order. 3. On 24 June 2004, Plaintiff violated the order of custody by refusing to return the child to the Defendant's custody at 4:00 p.m. on Thursday, 24 June 2004. 4. Plaintiff's violation of the order was without the consent of Defendant and, in fact, contrary to her expressed wishes. 5. Plaintiff's conduct constitutes contempt of this court and its custody order. WHEREFORE, Defendant prays this court to adjud!Je the Plaintiff in contempt of this court's custody order and to impose such sanctions and take such actions as may be required to assure his compliance with this court's order in the future. s&~~ Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 II I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 i (unsworn falsification to authorities). Date: ~~ ~J{Ldf ~I.{ 1/ Cf1fi t- . INGST ~ ~ ~C\ J ........ VI ~ v\ ~ \j\ \-, ...... c;; , 0 JOHN R. YINGST PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-4869 CIVIL ACTION LAW ANGELA H. YINGST DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, July 13, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at 301 Market Street, Lemoyue, P A 17043 on Monday, AUl(ust 09, 2004 , the conciliator, at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish auy and all existin:g Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin!!;. FOR THE COURT. By: Isl Melissa P. Greevy, F.sq. Custody Concihator mhc The Court of Common Pleas of Cumberland County is requir.ed 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 FORTI! 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 ~p ?-~ ~ 4:2 [fr.. ~/ff' b $ ~ ~ he? E:/.c.. ~~?-~~.~ ;?(/.o,( - Ie "'~ j""' I VINV/\ iI'\oi ,,\'~,:::n 11''''''-''\ n. '"'.',,":,'."Nno f\.l.!'H 1\_" r ',j,',' <"...., 20 :8 vld S IlilnOOl J Hif! lIilOH10'dd 3Hl :10 \ , ~~381:Ho-a31!:J AUG 1 3 2004 ~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4869 CIVIL TERM JOHN R. YINGST, v. CIVIL ACTION - LAW ANGELA H. YINGST, IN CUSTODY Defendant BAYLEY, J. --- ORDER OF COURT AND NOW, this --Xl..-- day of August, 2004, upl:>n consideration of the attached Custody Conciliation Summary Report, it is hereby orderEld and directed that this Court's Order of June 16, 2004 shall remain in full force and effect with the following modifications: 1. The parties will provide each other with thirty (30) days written notice of their intended vacation times. Such notice will include the speciific times and dates for custodial exchanges as well as the location where the traveling parent expects to be with the child. Commencing in Summer 2005, the parties' vacation period shall be for seven (7) uninterrupted days to include the traveling parent's custodial weekend, unless the parties agree otherwise. 2. Mother shall have custody from 9:00 a.m. on August 15, 2004 through 4:00 p.m. on August 23, 2004 for purposes of vacation. Prior to her departure, Mother will provide Father with the names of the hotels where she intends to stay during the vacation, as well as a copy of her itinerary. 3. The parties may modify the Order on a temporary basis by their mutual agreement, which shall be in writing. / Edgar B. Bayley, .J. _______I Dist: ~ Adams, Esquire, 36 S. Pill Street, Carlisle, PA 17013 ). ~amuel L. Andes, Esquire, PO BOX 168, Lemoyne, PA 17043 o g -17 -0 c../ 60 :2 f.'..j L' _"1-1 I :ifly ~OOI 'e'"\ -1'.J Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLII.ND COUNTY, PENNSYLVANIA NO. 03-4869 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY JOHN R. YINGST, v. ANGELA H. YINGST, Defendant CUSTODY CONCILIATION SUMMAR:Y REPORT IN ACCORDANCE WITH CUMBERLAND COUNn' RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the c:hild who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Caitlin Savannah Yingst January ii, 2000 Mother and Father 2. The parties' first Custody Conciliation Confer,ence was held on August 9, 2004 in response to Mother's filing of a Petition for Contempt on July 2, 2004 alleging that Father refused to return the child to her care on one occasion in June, 2004. Present for the conference were: the Father, John R. Yingst, and his co,unsel, Jane Adams, Esquire; the Mother, Angela H. Yingst, and her counsel, Samuel L. Andes, Esquire. 3. The parties reached an agreement in the form of an Order as attached. R/; ()..J () '-f Date ( .1' Melissa Peel Greevy, Esquire Custody Conciliator :233607 AND NOW comes the above-named Defendant, Angela H. Yingst, by her attorney, Samuel L. Andes, and petitions the court to modify its prior orders of custody in this matter, based upon the following: 1. The Petitioner herein is the Defendant, Angela H. Yingst 2. The Respondent is the Plaintiff, John R. Yingst. 3. The parties are the parents of one minor child, Caitlin Savannah Yingst, born 11 January 2000, and now age 5. The child is the subject of prior orders of this court, dated 16 June 2004 and 17 August 2004, copies of which are attached hereto and marked as Exhibit A. 4. Defendant seeks a modification of the prior orders of court to award her primary physical custody of the parties' child. She believes such an award would be in the child's best interest, for several reasons, which include: a. The child will soon be of school age and Defendant believes it is best for the child to spend the majority of her school week in one home. _, ""-."1 b. Plaintiff, because of his schedule, temperament, and behavior, is.'; - '..."1 not as qualified as Defendant to provide for the personal, emotional,'qnd ' ::::~ other needs of the child. ~:" c. Defendant is better able to meet the child's needs and proVide a ~') ( stable home for the child. -[ f) JOHN R. YINGST, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION - LAW ANGELA H. YINGST, Defendant NO. 03-4869 CIVIL TERM IN DIVORCE PETITION TO MODIFY o -n .-' -r ...t' ITlr'~ ':~~ C-Tj r.) ",J " II 5. As a result of the above, Defendant asks this court to modify its order to continue shared legal custody, to award her primary physical custody, and to award the Plaintiff a reasonable schedule of temporary custody with the child, so that both parents can particulate in a meaningful way in the child's life and the child will be best able to prepare for and attend school from one home. WHEREFORE, Defendant prays this court to modify its prior orders of custody in accordance with this petition. c~~~ Sam L. Andes Attorney for Defendant Supreme Court I.D. #17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 . II I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 1 8 Pa. C.S. 4904 (unsworn falsification to authorities). Date: . ~{U {!h J} fJOO!3 '~'JIr1o H ~"fP + ANGEL H. INGST . . I EXHIBIT A JUN 1 4 2004 ( Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. YINGST, vs. : No. 03 - 4869 Civil Tenn ANGELA H. YINGST, : ACTION IN DIVORCE Defendant ORDER AND NOW, this IL, day of j /J.JJe... ,2004, having reviewed the attached agreement between the parties dated May 28'\ 2004, it is hereby ORDERED and DECREED that the agreement shall be entered as an ORDER of Court. I sl F ~ f)~JJ -8. J. =0 cc: Jane Adams, Esquire, for Father Sam Andes, Esquire, for Mother JOHN R. YINGST, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. 03 - 4869 Civil Term ANGELA H. YINGST, Defendant : ACTION IN DIVORCE STIPULATION AND CUSTODY AGREEMENT ,..., = = ~ '- c. z o c ~. "'ViTI mrr, 2.~T.1. fu~: - This Stipulation and Custody Agreement is made this '2~y of M~ ~~} 20~, I $,- - =7 .- by and between ANGELA H. YINGST, (Hereinafter referred to as "Mother"), of Mechmiiitsb~ -- Cumberland County, Pennsylvania, and JOHN R. YINGST, (Hereinafter referred to as "Father"), of Mechanics burg, Cumberland County, Pennsylvania. WHEREAS, Mother and Father are the natural parents of one minor child, namely, Caitlin Savannah Yingst, date of birth, January 11, 2000; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the children. NOW TIIEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: Q. -. if;:n -or:;:; :nO 06 ~~i o:l1 :;,;;fA (:) -., 53 '< I. Lel!al Custody. Mother and Father shall have joint legal custody of their child. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of the child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of the child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Pbvsical Custody. Physical Custody of the child as that term is defined in the custody act, shall be equally shared with Father and Mother. The parties shall share physical custody as follows: Father shall always have custody: Every Monday from 4:00 p.m. through 4:00 p.m. Tuesday. Every Wednesday from 4:00 p.m. through 4:00 p.m. Thursday. Mother shall always have custody: Every Tuesday from 4:00 p.m. through 4:00 p.m. Wednesday. Every Thursday from 4:00 p.m. through 4:00 p.m. Friday. Mother and Father shall alternate weekends as follows: Beginning on March 51\ 2004, Mother shall have a period of custody with the child from Friday at 4:00 p.m. through Monday at 4:00 p.m. The following weekend, Father shall have a period of custody with the child from Friday at 4:00 p.m. through Monday at 4:00 p.m. The parties shall continue to alternate custody according to this schedule unless otherwise mutually agreed; Note: Some of the parties' periods of custody may be consecutive. Nothing shall prevent the parties from altering the provisions of this custody stipulation by mutual agreement. 4. Holidays and Vacations. Holidays will be mutually shared by the parties according to the following schedule. The Holiday schedule shall prevail over and supercede the regular custody schedule. A. The following holidays will be divided by the parties under this section: Thanksgiving, Christmas Eve, Christmas, Easter, Mother's Day, and Father's Day. B. During even numbered years and every even numbered year hereafter, The parties shall have custody as follows: Thanksgiving: On Thanksgiving, the parties shall follow their normal schedule, however the custody exchange shall take place at 2:30 p.m. instead of 4:00 p.m. Christmas Eve and Christmas: Father shall have custody of the child from 4:00 p.m. December 24th until 1 :00 p.m. December 25th and Mother shall have custody of the child from 1 :00 p.m. December 25th through 4:00 p.m. December 26'". Easter: Mother shall have the child from 8:00 p.m. the day before Easter through 3:00 p.m. Easter Day. Father shall have the child from 3:00 p.m. Easter Day until his next regularly scheduled full period of custody ends. C. During odd numbered years, and every odd numbered year hereafter, Thanksgiving: On Thanksgiving, the parties shall follow their normal schedule, however the custody exchange shall take place at 2:30 p.m. instead of 4:00 p.m. Christmas Eve and Christmas: Mother shall have custody from 4:00 p.m. December 24tlo until I :00 p.m. December 25th and Father shall have custody of the child from 1:00 p.m. December 25th through 4:00 p.m. December 26th. Easter: Father shall have the child from 8:00 p.m. the day before Easter through 3:00 p.m. Easter Day. Mother shall have the child from 3:00 p.m. Easter Day until her next regularly scheduled full period of custody ends. D. Mother's Day and Father's Day: Mother shall always have a block of time with the child on Mother's Day from 9:00 a.m. through 8:00 p.m. Father shall always have a block of time with child on Father's Day from 9:00 a.m. through 8:00 p.m. E. Other Holidays. The parties shall agree on visitation for other holidays by mutual agreement. If the parties cannot mutually agree on special holiday arrangements, they shall follow the regular custody schedule as provided in this stipulation. F. Vacation. Mother and Father shall each have the right to have an uninterrupted seven-day period of custody with the child during which a vacation may be taken. The seven-day period shall be taken during the summer and shall not interfere with the child's schooling. Notice of this period of custody must be given to the other parent at least thirty (30) days before the requested period. 5. Transportation and Exchane:e. The transportation shall be shared equally by the parties, with the parents to exchange custody at some mutually agreed upon location. At all times, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages prior to transporting the child or be under the influence of any alcoholic beverages while transporting the child. Transportation may be provided by a representative of each parent and is shall not be limited to the parent themselves. 6. Omwine: Relationship. Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the present of the child make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child. 7. IUness of the Child. Emergency decisions regarding the child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines the child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 8. Welfare ofthe Child to be Considered. The welfare and convenience oithe child shall be the prime consideration ofthe parties in any application of the provisions of this Agreement. 9. Bindine: Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 10. Governine Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 11. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. 12. Entire Aflreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year fIrst above written. WITNESS: '~f..I/tf.19+ AN L . OS ,M ~ 525 N. 12th St. P.O. Box 168 Lemoyne, Pa. 17043 (717) 761-5361 Attorney for Mother Jane Adams, Esquire 36 S. Pitt St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Father JO AUG 1 3 2004 ~ JOHN R. YINGST, .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4869 CIVIL TERM Plaintiff v. CIVIL ACTION - LAW ANGELA H. YINGST, IN CUSTODY Defendant BAYLEY, J. --- ORDER OF COURT AND NOW, this ) 7 day of August, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed that this Court's Order of June 16, 2004 shall remain in full force and effect with the following modifications: 1 . The parties will provide each other with thirty (30) days written notice of their intended vacation times. Such notice will include the specific times and dates for custodial exchanges as well as the location where the traveling parent expects to be with the child. Commencing in Summer 2005, the parties' vacation period shall be for seven (7) uninterrupted days to include the traveling parent's custodial weekend, unless the parties agree otherwise. 2. Mother shall have custody from 9:00 a.m. on August 15, 2004 through 4:00 p.m. on August 23, 2004 for purposes of vacation. Prior to her departure, Mother will provide Father with the names of the hotels where she intends to stay during the vacation, as well as a copy of her itinerary. 3. The parties may modify the Order on a temporary basis by their mutual agreement, which shall be in writing. BY THE COURT: Dist: Jane Adams, Esquire, 36 S. Pitt Street, Carlisle, PA 17013 Samuei L. Andes, Esquire, PO BOX 168, Lemoyne, PA 17043 . JOHN R. YINGST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4869 CIVIL TERM v. CIVIL ACTION - LAW ANGELA H. YINGST, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Caitlin Savannah Yingst January 11, 2000 Mother and Father 2. The parties' first Custody Conciliation Conference was held on August 9, 2004 in response to Mother's filing of a Petition for Contempt on July 2, 2004 alleging that Father refused. to return the child to her care on one occasion in June. 2004. Present for the conference were: the Father, John R. Yingst, and his counsel, Jane Adams, Esquire: the Mother, Angela H. Yingst, and her counsel, Samuel L. Andes, Esquire. 3. The parties reached an agreement in the form of an Order as attached. f/; ()..) (Jif Date Melissa Peel Greevy, Esquire Custody Conciliator :233607 JOHN R. YINGST PLAINTIFF IN THE COURT OF COMMON PEAS OF CUMBERLAND COUNTY, PE SYLVANIA v. 03-4869 CIVIL ACTION LAW ANGELA H. YINGST DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Wednesday, April 06,2005 ,__, upon consideration of th attached Complaint, , the conciliator, it is hereby directed that parties and their respective counsel appear before Melissa P. Gre y, Esq. at DJ Manlove's, 1901 State SI., Camp Hill, PA 17011 on Friday, May 13,200 at 11:00 AM -,- for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resol e 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 intn a temporary order. All children age five or older may also be present at the conference. Failure to appea' at the conference mav provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection fr m Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to schedule hearing. FOR THE COURT. By: ~_. Melissa P. Greevv. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to co ply with the Americans with Disabilites Act of 1990. For infoMnation about accessible facilities and reasonable' ccommodations available to disabled individuals having business before the court, please contact our of ceo All arrangements must be made at least 72 hours prior to any hearing or business before the court. You m 1st attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. I YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TH - 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 ~. f;P!Z ~~1 14) ~ b ~ 1'7~ Ji/pf~ ~p fp? ~ 4;; pp 5<? '7.h f . Y7 t?J ;tJ ~rJ "II-- VI [\!\i/rj}\~~'~<i<'-J i:~ tUNnel'''': ,-:' '_."-'~f.;nJ ,_ I :8 Hd 9- llclV SOUl Ab\!.LO;'IOHlOtid 3Hl ::10 31f.:!:lO-Q31l:J Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, P A 17070 (717) 774-1445 JOHN R YINGST, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03 - 4869 ANGELA H. YINGST, Defendant CIVIL ACTION - LAW CUSTODY PRAECIPE TO WITHDRAW APPEARANCE Please withdraw my appearance on behalf of JOHN R. YINGST in the above-captioned matter. Respectfully submitted, Datedc;/~7 ,2005 ane dams, Esquire 64 outh Pitt Street arlisle, PA 17013 (7] 7) 245-8508 Supreme Court J.D. PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of JOHN R. YIN T in the above-captioned matter. Dated If}!' ,2005 // ~.,,--- 6arbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Supreme Court J.D. 32317 "'" c;? c;.::'.:l .;:.f"\ ~- ,.,.1-'- :;;.,", "...."..;. , N -'::'} ~.~,~ r:? f') C. 11-1 JOHN R. YINGST, Plaintiff vs. I I ANGELA H. YINGST, I Defendant I I ---,--- ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-4869 CIVIL TERM IN CUSTODY ACCEPTANCE OF SERVICE AND ENTRY OF APPEARANCE I hereby enter my appearance for the Plaintiff, John R. Yingst, in the above-captioned ction. I acknowledge receipt of a true and correct copy of the Petition to Modify. II II II // I 'I Ii / / " Barbara Sumple Sullivan Attorney for Plaintiff '/ Supreme Court ID # 3.2:3 7 :-..-' ,~-'",: (,-;:::-~~ .;"fl ifl v (.-c_J .. I~ (=' RECEIVED JUN 07 200S.)Y' JOHN R. YINGST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4869 CIVIL TERM v. ANGELA H. YINGST, CIVIL ACTION - LAW IN CUSTODY Defendant -./ BAYLEY, J. --- ORDER OF COURT AND NOW, this I \.\ day of June, 2005, upon consideration of the attached Custody Conciliation Su~port, it is hereby ordered and directed as follows: 1. Pending mediation and further Order of this Court, the Order of June 16, 2004 shall remain in full force and effect. 2. The parties shall participate in mediation with Casey Shienvold. Each party shall be responsible for paying one-half of the cost of Dr. Shienvold's services. 3. A hearing is scheduled in Courtroom Number 2 of the Cumberland County Courthouse, on the 8th day of August, 2005, at 1:30 o'clock p.m., at which time testimony will be taken. For the purposes of the hearing, the Mother, Angela H. Yingst, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are 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. BYTHECOU6: Dis!: vfarbara Sumple-Suilivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070 ~muel L. Andes, Esquire, PO Box 168, lemoyne, PA 17043 '-l - ~ \- o w7; 00 D: _.,- ''E-'' . )1':: o be: ~~ u.-~ '6 - .;X .. - - ~ .;X - ~ --, 4- ~)'~. 'j?J ~~t}~ < '-," /-- ':,-~U.i J.:\'o.- 5 (.) - ~ ......, 'iJ, ~ - Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4869 CIVIL TERM CIVIL ACTION - LAW JOHN R. YINGST, v. ANGELA H. YINGST, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Caitlin Savannah Yingst January 11, 2000 Mother and Father 2. A Custody Conciliation Conference was held on May 27, 2005 following Mother's March 30, 2005 filing of a Petition for Primary Physical Custody. Attending the Conference were: the Father, John R. Yingst, and his counsel, Barbara Sumple-Sullivan, Esquire; the Mother, Angela H. Yingst, and her counsel, Samuel L. Andes, Esquire. 3. The parties were not able to reach an agreement as to the change of the custodial arrangement, which is currently shared equally between the parties, however, they have agreed to participate in mediation with Dr. Casey Shienvold and they have agreed to share the cost of mediation equally. They have also agreed to have a hearing date set for early August 2005 understanding that if the mediation is successful in reaching an agreement, they may cancel the hearing. It is noted that the counsel for the Defendant in this matter will be on vacation during the week of August 13, 2005 through August 20, 2005. 4. Mother's position on custody is as follows: Mother seeks primary physical custody because she believes the child needs to spend the majority of the school week in one home. The child is expected to start public school in August 2005. The Mother does not wish to delay her starting public school until mandatory school age. Mother believes that the child wants to be with her more than she presently is under the current schedule and claims that the child does not want to be separated from her on her custodial weekends with her Father. Mother is employed as a teacher in the East Pennsboro School District. She resides in Mechanicsburg School District. She prefers that the child does not go to school in the same school where either parent teaches. She believes that if the child ., . . NO. 03-4869 CIVIL TERM continues to follow the shared physical custody schedule that it will be too disruptive for the child once school begins. 5. Father's position on custody is as follows: Father agrees that the schedule should be changed because it presently has the child making frequent custodial exchanges between the parent's homes on an every-other-day basis during the week. However, he is not willing to surrender primary custody to Mother and while he prefers not to have the child's time diminished with Mother, he would prefer to continue the shared physical custody schedule but operating under a different structure such as two consecutive weekdays with each parent, followed by the parents alternating each weekend. (p IIn /05 u.fJrurr:JaA.- {Y{C-v Date Melissa Peel Greev . Esquire Custody Conciliator :251805 - Barbara Swnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, P A 17070 (717) 774-1445 JOHN R. YINGST, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 03 - 4869 ANGELA H. YINGST, Defendant CIVIL ACTION - LAW CUSTODY ANSWER TO PETITION TO MODIFY AND COUNTERCLAIM FOR CUSTODY 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. After reasonable investigation, Plaintiff is without information to form a beliefas to the truth of the averment. It is denied, however, that it would be in the best interest of the child to award primary custody to Defendant. a. Admitted in part. Denied in part. It is admitted that the child is school age. It is denied that this requires the child to spend the majority of the time in one home. The shared equal arrangements the parties have been exercising since September, 2003 has worked well for the child. She is comfortable and stable in said schedule and there is no basis for change. b. Denied. It is denied that Plaintiff's schedule, temperament or behavior does not ~ qualify him to meet the needs of the child. To the contrary, Plaintiffis well equipped as primary parent and as an elementary teacher to meet the needs of this child. c. Denied. It is denied that Defendant is better equipped to meet the child's needs. Rather, Plaintiff is better able to meet the child's needs and provide a stable and loving environment for the child. He is also better able to foster a relationship between the child and her Mother than Mother is able to between the child and Father. 5. Denied. Plaintiff requests the status quo be maintained. If a change to primary parent is deemed by the court to be required, Plaintiff requests to be so named since he is better capable of providing for the child and fostering a relationship between the child and Defendant. His schedule will also allow for a more stable structure for the child during the school year. COUNTERCLAIM 6. The averments in paragraphs 1 through 5, inclusive, of PlaintifI's Answer to Petition are incorporated herein by reference thereto. 7. Should the court determine that a primary custodian is required, Plaintiff seeks an award of primary physical custody of the parties' minor child to himself and a schedule for periods of partial custody with Defendant. 8. The best interest and permanent welfare of the child will be served by granting the relief 2 requested because Plaintiff can provide a stable, healthy, supportive and loving environment for the child. Plaintiff is the best able to provide educational and social opportunities for the child and support those endeavors now that she is beginning school. Plaintiff offers the child a better school schedule. Plaintiff is also more capable of continuing to foster the relationship between Defendant and the child. Dated: June 4, 2005 Ba ra p e-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court 1.0. 32317 3 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-\445 JOHN R. YINGST, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03 - 4869 ANGELA H. YINGST, Defendant CIVIL ACTION - LAW CUSTODY VERIFICATION I, John R. Yingst, hereby certify that the facts set forth in the foregoing RESPONSE AND COUNTERCLAIM TO PLAINTIFF'S PETITION FOR MODIFICATION OF CUSTODY ORDER are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of I 8 Pa. C.S.A. S4904 relating to unsworn falsification to authorities. ~. I~ DATED: w..e. (~- ,2005 J~ !:cst{- Barbara Sump1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 JOHN R. YINGST, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03 - 4869 ANGELA H. YINGST, Defendant CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the RESPONSE AND COUNTERCLAIM TO DEFENDANT'S PETITION FOR MODIFICATION OF CUSTODY ORDER, in the above-captioned matter upon the following individual, by United States first-class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North 12th Street Lemoyne, PA 17043 DATE: June i 2005 I Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court ID. 32317 Attorney for Plaintiff (.) t;" ~".... .-' c::> = c.I' ::~ (.!1 -0 :;r.::. o rn .... ..,: .." rnp -D~j3 ~:J "'; :'3(;1. r:Y r c' ~.~r,~ ) .,~-,\ -~ "S.? :< - Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 JOHN R. YINGST, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - CUSTODY v. ANGELA H. YINGST, Defendant NO. 03-4869 ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this ~ day of ~, 2005, upon consideration of the attached Stipulation for Custody and on motion of the parties, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the attached Stipulation for Custody are adopted as an Order of Court. J. ;:J ..- .' ..:;:." '.':;-'" ~ (;:) \ \.~c' C) v<> (~ CO :~\ U - ~ Barbara Sumple-SulJivan. Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN R. YINGST, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - CUSTODY ANGELA H. YINGST, Defendant NO. 03-4869 STIPULATION REGARDING CUSTODY THIS AGREEMENT is made thisWay of ~li\~ 2005, by and between John R. Yingst, (hereinafter referred to as "Father") an adult individual residing at 25 Pheasant Street, Mechanicsburg, Cumberland County, Pennsylvania, and Angela H. Yingst, (hereinafter referred to as "Mother") an adult individual residing at 402 East Coover Street, Mechanicsburg, Cumberland County, Pennsylvania. WITNESSETH WHEREAS, Mother and Father are the natural parents of one (1) minor child, Caitlin Savannah Yingst, born January \1,2000. WHEREAS. Mother filed a Petition to Modity Custody on March 30, 2005 and a Hearing is scheduled for August 8, 2005; and WHEREAS, the parties have reached an agreement concerning their custodial arrangement. NOW THEREFORE, the parties intending to be legally bound, do agree as follows: A. Lee:al Custody: It is in the best interest of the minor child for the continuation of shared legal custody of the minor child. The parties agree that major decisions concerning the child's health, welfare. education, religious training and upbringing shall be made by the parents jointly, after discussion and consultation with each other, with a view towards obtaining and following a harmonious policy to arrive at a decision that is in the child's best interest. Each party agrees to keep the other informed of the progress of the child's education and social adjustments. Each party agrees not to impair the other parties' right to share legal custody of the child. Further, each party agrees to give support to one another in the role as parents and to take into account the consensus of the other parent for the physical and emotional well being of the child. The parties agree not to either attempt or alienate the affections of the child for the other parent. Each party shall notifY the other of any activity that could reasonably be expected to be of significant concern to the other. The parties agree that the child will be encouraged to contact the other parent by telephone and e-mail at all reasonable times. B. Physical Custody: Effective August 8, 2005, the parties shall enjoy shared equal physical custody of the minor child on the following schedule: I. Week 1: Father shall have custody of the minor child from 4:00 p.m. Monday overnight through 4:00 p.m. Thursday. Mother shall then have custody of the minor child from 4:00 p.m. Thursday overnight through 4:00 p.m. Saturday. Father shall then have custody of the minor child from 4:00 p.m. Saturday overnight through 4:00 p.m. Monday. 2. Week 2: Mother shall have custody of the minor child from 4:00 p.m. Monday overnight through 4:00 p.m. Thursday. Father shall then have custody of the minor child from 4:00 p.m. Thursday overnight through 4:00 p.m. Saturday. Mother shall then have custody of the minor child from 4:00 p.m. Saturday overnight through 4:00 p.m. Monday. C. Holidavs and Vacations: Holidays will be mutually shared by the parties according to the following schedule. The holiday schedule shall prevail over and supercede the regular custody schedule. 1. Thanksgiving: The parties shall follow their nornlal schedule, however, the custody exchange shall take place at 2:30 p.m. instead of 4:00 p.m. 2 2. Christmas and Christmas Eve: In even numbered years, Father shall have custody of the minor child from 4:00 p.m. December 24th until I :00 p.m. December 25th and Mother shall have custody of the minor child from I :00 p.m. December 25th until 4:00 p.m. December 26th In odd numbered years, Mother shall have custody of the minor child from 4:00 p.m. December 24th until I :00 p.m. December 25th and Father shall have custody of the minor child from 1:00 p.m. December 25th until 4:00 p.m. December 26'h 3. Easter: In even numbered years, Mother shall have custody of the minor child from 8:00 p.m. the day before Easter through 3:00 p.m. Easter Day and Father shall have custody of the minor child from 3:00 p.m. Easter Day until his next regularly scheduled full period of custody ends. In odd numbered years, Father shall have the minor child trom 8:00 p.m. the day before Easter Day through 3:00 p.m. Easter Day and Mother shall have custody of the minor child from 3 :00 p.m. Easter Day until her next regularly scheduled full period of custody ends. 4. Mother's Day and Father's Day: Mother shall always have Mother's Day and Father shall always have Father's Day. These holidays shall be from 9:00 a.m. until 8:00 p.m. the day of that holiday. 5. Other Holidays: The parties shall agree on visitation for other holidays by mutual agreement. Ifthe parties cannot mutually agree on special holiday arrangements, they shall follow the regular custody schedule as provided in this stipulation. 6. Vacation: Mother and Father shall each have the right to have an uninterrupted seven (7) day period of custody with the child during which a vacation may be taken. The seven (7) day period shall be taken during the summer and shall not interfere with the child's schooling. Notice ofthis period of custody must be given to the other parent at least thirty (30) days before the requested period. D. School District: The parties mutually agree that the minor child shall attend the Mechanicsburg School District. E. Child Care: The parties mutually agree that during the school year. the child's maternal grandmother, shall provide daycare while the parties are working. Additionally, the , :> parties agree to share in the cost of daycare with the child's grandmother equally at the cost agreed to. F. Transportation: The transportation shall be shared equally by the parties, with the parents to exchange custody at some mutually agreed upon location. At all times, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages prior to transporting the child or be under the influence of any alcoholic beverages while transporting the child. Transportation may be provided by a representative of each parent and shall not be limited to the parent themselves. G. OR!!OiR!! Relationship: Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the presence of the child make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance. and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address and telephone numbers of any person in whose care the child will be in for a period in excess offorty-eight (48) hours, and for each person or entity which may provide daycare for the child. H. Illness of the Child: Emergency decisions regarding the child shall be made by the parent then having custody. However, in the event of an emergency or serious illness of the 4 child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency. so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines the child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 1. Welfare of the Child to be Considered: The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. J. Mediation: The parties mutually agree that in the event additional conflicts and issues begin, they will both attend mediation with Dr. Kasey Shienvold of Riegler, Shienvold and Associates prior to filing for any modification with this court. K. Bindin2 Effect and Modification of Order: This Agreement and all of its temlS and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 5 L. Governing Law: This Agreement shall be governed and controlled by the law of Pennsylvania. M. Enforcement: The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. N. Entire Agreement: This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any torce or effect. This Agreement supercedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. O. Termination of Hearing Date: The hearing scheduled tor August 8, 2005, shall be cancelled. IN WITNESS WHEREOF, the parties hereto acknowledge that they are entering in to this Agreement with the full knowledge that this Agreement shall be entered as a court order with the same force and effect as if a full hearing on this matter has been held. SIGNED, SEALED AND DELIVERED IN THE P E OF: ~/ WITNESS 3c-r-~~ ESS ,t1}OH ijf/lpt AN"G ~A . 'y[NGST . 6 COMMONWEALTH OF PENNSYLVANIA ) ) SS. ) COUNTY OF CUMBERLAND Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared JOHN R. YINGST, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Stipulation for Custody are true and correct to the best of his knowledge, information and belief. / .~ and s bscribed to before me this g day 0~4;~ ;' ( IARWA 1lJMN.tUUIVAN Nolary NlIc ~lIOllOUGM C....wlO COUN1Y Mv~ NovIa 2007 (SEAL) My commission expires: COMMONWEALTH OF PENNSYLVANIA COUNTYOF ~ ) ) SS. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared ANGELA H. YINGST, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Stipulation for Custody are true and correct to the best of her knowledge, information and belief. Affirmed and subscribed to before me this a..~ day ov4uql)..(l,t2005. ~~.~ OT AR UBLlC My commission expires: (SEAL) IlOfMIAL 8IAL "" II. tWIllNI, NOTARY PUIUC loIII6.IlIl1ClllO., Cl- I lI.AND CClUII'IY .nr II ONPI........ 7 Barbara Sumpte-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland. PA 17070 (717) 774-1445 JOHN R. YINGST, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-4869 ANGELA F. YINGST. Defendant CIVIL ACTION - LAW TN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter- affidavit within TWENTY (20) DAYS after this atlidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301 (D) OF THE DIVORCE CODE I. The parties to this action separated on September 16,2003, and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning spousal support, alimony, division of marital property, attorneys' fees or expenses if I do not claim them before a divorce is granted. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEOGE, INFORMATION, AND BELIEF. I UNDERSTANO THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S.A. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATED: j 1-/ i~ 05 Ji~ f.cJf~ (') C' "'-' .:~:,') ~1 .c._ c~ -...J --C! -,"."- f'''' r0 -...J ') Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 JOHN R. YINGST, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-4869 ANGELA F. YINGST, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certifY that I served Plaintiff's Affidavit Under S3301(d) of the Divorce Code, a Counter-Affidavit Under S3301(d) of the Divorce Code and a Notice ofIntention to Request Entry ofa Section 3301(d) Divorce Decree in the above- captioned matter via by United States Mail, Certified Mail Return Receipt Requested, Certificate No. 7003 05000001 6561 5485 on the above-named Defendant's Attorney, Samuel L. Andes, Esquire, on November 21,2005 at Defendant's Attorney's address: 525 N. 12th Street, P.O. Box 168, Lemoyne, P A 17043. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certifY that the facts set forth above are true and correct to the best of my knowledge, information and belief I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. S4904 relating to unsworn falsificaf Dated: IW3/()j I . _arbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717)-774-1445 Supreme Court ill #32317 Attorney for Plaintiff U.S. Postal Service," CERTIFIED MAil," RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) /2005 m ~ g Sent To ANiJ..i.j) B;.Q. r'- s;~~. ~.J-'-Kr-'ii-:n..-~snw:.~' m - or PO Box N~__u__W.o._iOO~___)-'J2-"-_________________n..'_________ ___" --- U1 <0 :T U1 .... ..D U1 ..D Postage $ .... o o Return Reciepl Fee o (Endorsement Required) o Restricted Delivery Fee CJ (Endorsement Required) U1 o Certified Fee Total Postage & Fees .2.30 .1. 75 .0.00 $ H.65 SENDER COMPI ETE THIS SECTION . Complete Items 1, 2, and 3. Also complete nem 4 if Restricted Delivery Is desired. . Print your name and address on the reverse so that we can retum the card to you. . Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: L.. ANI'iLW, B 'G... \ 1.1". .s;nu.t \' PO 13'DY- \lO~ ~'-t!\Je f ^ n &J 3 I Su-((\\.Je..Q '07- '6 N 2. Article Number (1tansfer from servtce ~J PS Form 3811, February 2004 A Signature X ;1/;1 tl,jttf- B. Received by (Printed Name) ate 01 Delivery ~/ _ 0 S' DYes ONo D. Is delivery address different from Item 11 If YES. enter delivery address below: 3. ~Ice Type ~ Certified Mall 0 Express Mall D Registered R Return Receipt for Merchandhle D Insurad Mail 0 C.O.D. 4. R_clad Delivery? (Extra Fee) 0 Ye. 7003 0500 0001 6561 5485 102595.()2-M-1540 Domestic Retum Receipt Exhibit A 1"-_,1 ..-:'-; n '-:j"l :;1 ['-;1 en 1"',,) C~) t'-_' f"'...) <Xl II JOHN R. YINGST, ) IN THE COURT OF COMMON I Plaintiff ) PLEAS OF CUMBERLAND \ i ) COUNTY, PENNSYLVANIA Ii ) ,I Ii vs. ) CIVIL ACTION - LAW II ) Ii ) NO. 2003-4869 CIVIL TERM II ANGELA F. YINGST, ) Defendant ) IN DIVORCE DEFENDANT'S PETITION FOR ECONOMIC RELIEF IN THE FORM OF A REOUEST FOR EOUITABLE DISTRIBUTION OF MARITAL PROPERTY AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and II' makes the following requests for equitable distribution of the marital property in this case based upon the following: II 1. The Petitioner herein is the Defendant. The Respondent herein is the Plaintiff. 2. The parties were married on 9 November 1996. During their marriage they acquired various assets which constitute marital property. 3. During the pendency of this action the parties have not been able to agree upon the division or distribution of their marital assets and require the court's intervention to that for them. WHEREFORE, Defendant prays this court to equitably divide and distribute the marital assets of the parties in accordance with the law of Pennsylvania. ~~-CUL Samuel L. Andes Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 II .' . I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.s. 4904 (unsworn falsification to authorities). Date: \~--()\o~ QG~ ~~{ AN~EL . CST (,m ')..; c - \) I \~ (~ :- \) ~ ':'\, ~ \~', \ , ':\> ...." _. '" l...jl -J ~ \S , _. ~ -J '0 ~ II JOHN R. YINGST, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, I ) PENNSYLVANIA ) , ) CIVIL ACTION - LAW I vs. ) ANGELA F. YINGST, ) NO. 2003-4869 CIVIL TERM Defendant ) ) IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301 (0) OF THE DIVORCE CODE 1. Check either (a) or (b): i , I i , I I , 'I I I 'I Ii -X-(a) I do not oppose to the entry of a Divorce Decree. _(b) I oppose to the entry of a Divorce Decree because (check (i), (ii) or both): _(I) The parties to this action have not lived separate and apart for a period of at least 2 years. _(ii) The marriage is not irretrievably broken. 2. Check either (a) or (b); _(a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim then before a divorce is granted. --X-(b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. 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. Section 4904 relating to unsworn falsification to authorities. Date: I () I 061 !r")~ , I I . L~ngt ~. ~;()rJf- AN ~ . YINGST ! NOTICE: IF YOU TO DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE THIS COUNTER-AFFIDAVIT. c~ r JOHN R. YINGST, Plaintiff ) ) ) ) ) ) ) ) ) vs. ANGELA F. YINGST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-4869 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 16 September 2003 and was served on the Defendant within thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. '-1iJ,/6b I .__ J~, \L ~/ JOHN ~ YINGST Dated: o c- ~;,- ,- .c:...; .< ...., ,:::':;:1 (;::;::I c.'" ~ "2-n f'l1p -oiT1 "[1'): (;3~i, -,.---rl -~~ 15 -< <- ~. Z w -0 ~ .r;:- (..n II JOHN K YINGST, Plaintiff ) ) ) ) ) ) ) ) ) V5. ANGELA F. YINGST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBER! _AND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO_ 2003-4869 CIVIL TERM IN DIVORCE AFFJDA VIT _OF CQNSENI L A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 16 September 2003 and was served on the Defendant within thirty days thereafter. 2_ The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. \ V\.'\\C\1 Dated: r--> ~~:." ,= .P c- ,,-. ;t.:: <-,;) - , ..", :;;<;:. o -n --4 -C-n fl1r: -orn _', j t~("., ;~'.:~ c,:) -j::: '::~'i '~21~) ,,;.,..['n :~ ~i:I "-< _C" e,;-j ------ ~ - Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 JOHN R YINGST, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 03-4869 ANGELA F. YINGST, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the fonowing information, to the court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service signed by Defendant's counsel, Samuel Andes, Esquire, on September 29, 2003. 3. Date of execution of the affidavit required by 3301(c) of the Divorce Code: by Plaintiff January 24, 2006; by Defendant January 24, 2006. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with Prothonotary: January 31, 2006. Date Defendant's Waiver of Notice in 33 c) D'vor was filed with Prothonotary: January 31, 2006 Dated: January 30, 2006 Bar\:iara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court ID #32317 Attorney for Plaintiff Barbara Sumple-SulJivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN R YINGST, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-4869 ANGELA F. YINGST, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIV AN, ESQUIRE, do hereby certifY that on this date, I served Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 N. 12th Street P.O. Box 168 Lemoyne, PA 17043 DATE jl?1J!o ;; Barbara Sumple-SuIlivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court J.D. 32317 ...., c:;:. ,= {';}" o -n .-4 :r: ..... rl1p -oS ;~At:~ :2~~ ""lii :~ ....1 -1.;.~ "0 :-< ,- ~'."", -. ;:;l... w -p ..." - - .. s:- UI - ;t,:+:;t,'f.+~++:+;:+:+ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . + . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +:+:'f.+++++:+:++++'f.+~++~+++++ +'f.;t,++++~++++++++++~+++++'+++++++++++++++++~ . , , . , . . . . . . . . , . . . , . . . . . . . . . . . . . . . . . , . . . . . . . . , . . . . . . . . . . . . . , . . . . . . . . . . , . , . . . . , . , . , . . , . , . , . . . , , . + . , + + + . . . +++++.++++++++++++++++++++++++++++++++++++++++++\ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY PENNA. STATE OF JOHN R. YINGST, No. 4869 Plaintiff VERSUS ANGEIA F. YINGST , Defer",,,mt DECREE IN DIVORCE 2006 , IT IS ORDERED AND AND NOW, DECREED THAT John R. Yingst , PLAINTIFF, AND Angela F. Yingst , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 2003 THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT None. . , . . . . . ++ + +. + "" + + "::-":'-:--= +'10'+'++ + +:+: 'I' + ++'1'++++ .. PROTHONOTARY J. C~?7 L~.?? 57 JP?;pY':T a?n.-!'./t, t/:fIr _ / 'j//- '70 />. r: ~1??>5'''' r~ f}p ;z. .I?/?~ ,?~? . r9 ?/ - ~ c . .- II " II vs. ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. YINGST, Plaintiff CIVIL ACTION - LAW ANGELA H. YINGST, Defendant NO. 03-4869 CIVIL TERM IN CUSTODY DEFENDANT'S PETITION TO MODIFY CUSTODY ORDER AND NOW comes the above-named Defendant, Angela H. Yingst, by her attorney, Sarnuel L. Andes, and petitions this court to rnodify its order of 8 Septernber 2005, based upon the following: 1. The Petitioner herein is the Defendant, Angela H. Yingst 2. The Respondent is the Plaintiff, John R. Yingst. 3. The parties are the parents of one minor child, Caitlin Savannah Yingst, now age 6, born 11 january 2000. 4. The said child is the subject of an order entered by this court on 8 September 2005, a copy of which is attached hereto and marked as EXHIBIT A. That order, inter alia provided for the shared legai and physical custody of the child. 5. Since the entry of that order, the circumstances of the parties have changed in such a way as to mandate a change in the custody order. The changes in the parties circumstances include: A. The Plaintiff has been found to be involved in an improper and inappropriate relationship with a minor female and has been accused criminally of sexual assault upon that child; and II .' B. Plaintiff has, by providing alcoholic beverages to underage females, attempted to corrupt the rnorals of those minor children; and C. Plaintiff has demonstrated, by his conduct, that he is not morally fit or qualified to raise a six year old female child or have substantial periods of custody of that child without appropriate supervision; and D. Plaintiff's conduct has injured the child by subjecting her to public notoriety, humiliation, and trauma. As a result of these circumstances, the best interests of the minor child will be served by awarding her primary legal and physical custody to the Defendant. WHEREFORE, Defendant prays this court to award her prirnary legal and physical custody of the rninor child, Caitlin Savannah Yingst, born 11 January 2000. ~ Samuel L. Andes Attorney for Defendant Supreme Court J.D. #17225 525 North 12th Street LemoynE', PA 17043 (717) 761-5361 II I verify that the statements made in this document are true and correct. I understand that any false statements in this docurnent are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: ~ i."":1 ., r', t/(LfCII " , c:J{t>('p ANG I Ii I I ! I I I II I II EXHIBIT A Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN R. YINGST, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - CUSTODY ANGELA H YINGST, Defendant NO. 03-4869 ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this L day Of~~, 2005, upon consideration of the attached Stipulation for Custody and on motion of the parties, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the attached Stipulation for Custody are adopted as an Order of Court. BY THE COURT, /5/ E1t(J),l2cii 110 J. Barbara Sumple-Sullivan, Esquire Supreme COUli #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 JOHN R. YINGST, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - CUSTODY ANGELA H. YINGST, Defendant NO. 03-4869 STIPULATION REGARDING CUSTODY THIS AGREEMENT is made this 1,~ay Of~~'\ ,2005, by and between John R. Yingst, (hereinafter referred to as "Father") an adult individual residing at 25 Pheasant Street, Mechanicsburg, Cumberland County, Pennsylvania, and Angela H. Yingst, (hereinafter refen-ed to as "Mother") an adult individual residing at 402 East Coover Street, Mechanicsburg, Cumberland County, Petmsylvania. WITNESSETH WHEREAS, Mother and Father are the natural parents of one (1) minor child, Caitlin Savannah Yingst, born January 11,2000. WHEREAS, Mother filed a Petition to Modify Custody on March 30, 2005 and a Hearing is scheduled for August 8, 2005; and WHEREAS, the parties have reached an agreement concerning their custodial arrangement. NOW THEREFORE, the patiies intending to be legally bound, do agree as follows: A. Legal Custodv: It is in the best interest of the minor child for the continuation of shared legal custody of the minor child. The parties agree that major decisions concerning the child's health, welfare, education, religious training and upbringing shall be made by the parents jointly, after discussion and consultation with each other, with a view towards obtaining and following a harrnonious policy to anive at a decision that is in the child's best interest. Each party agrees to keep the other informed of the progress of the child's education and social adjustments_ Each party agrees not to impair the other parties' right to share legal custody of the child. Further, each party agrees to give support to one another in the role as parents and to take into account the consensus of the other parent for the physical and emotional well being of the child. The parties agree not to either attempt or alienate the affections of the child for the other parent. Each party shall notifY the other of any activity that could reasonably be expected to be of significant concern to the other. The paliies agree that the child will be encouraged to contact the other parent by telephone and e-mail at all reasonable times. B. Physical Custody: Effective August 8, 2005, the paliies shall enjoy shared equal physical custody of the minor child on the following schedule: 1. Week 1: Father shall have custody of the minor child from 4:00 p.m. Monday overnight through 4:00 p.m. Thursday. Mother shall then have custody of the minor child from 4:00 p.m. Thursday overnight through 4:00 p.m. Saturday. Father shall then have custody of the minor child from 4:00 p.m. Saturday overnight through 4:00 p.m. Monday. 2. "'eek 2: Mother shall have custody of the minor child from 4:00 p.m. Monday overnight through 4:00 p.m. Thursday. Father shail then have custody of the minor child from 4:00 p.m. Thursday overnight through 4:00 p.m. Saturday. Mother shall then have custody of the minor child from 4:00 p.m. Saturday overnight through 4:00 p.m. Monday. C. Holidavs and Vacations: Holidays will be mutually shared by the parties according to the following schedule. The holiday schedule shall prevail over and supercede the regular custody schedule. 1. Thanksgiving: The paliies shall follow their normal schedule, however, the custody exchange shall take place at 2:30 p.m. instead of 4:00 p.m. 2 2. Christmas and Christmas Eve: In even numbered years, Father shall have custody of the minor child from 4:00 p.m. December 24th until I :00 p.m. December 25th and Mother shall have custody of the minor child from 1:00 p.m. December 25th until 4:00 p.m. December 26th In odd numbered years, Mother shall have custody of the minor child from 4:00 p.m. December 24th until I :00 p.m. December 25th and Father shall have custody of the minor child from 1 :00 p.m. December 25th until 4:00 p.m. December 26th 3. Easter: In even numbered years, Mother shall have custody of the minor child from 8:00 p.m. the day before Easter through 3:00 p.m. Easter Day and Father shall have custody of the minor child from 3:00 p.m. Easter Day until his next regularly scheduled full period of custody ends. In odd numbered years, Father shall have the minor child from 8:00 p.m. the day before Easter Day through 3 :00 p.m. Easter Day and :v1other shall have custody of the minor child from 3 :00 p.m. Easter Day until her next regularly scheduled full period of custody ends. 4. Mother's Day and Father's Day: Mother shall always have Mother's Day and Father shall always have Father's Day. These holidays shall be from 9:00 a.m. until 8:00 p.m. the day of that holiday. 5. Other Holidays: The parties shall agree on visitation for other holidays by mutual agreement. If the pmiies cannot mutually agree on special holiday arrangements, they shall follow the regular custody schedule as provided in this stipulation. 6. Vacation: Mother and Father shall each have the right to have an uninterrupted seven (7) day period of custody with the child during which a vacation may be taken. The seven (7) day period shall be taken during the summer and shall not interfere with the child's schooling. Notice of this period of custody must be given to the other parent at least thirty (30) days before the requested period. D. School District: The parties mutually agree that the minor child shall attend the Mechanicsburg School District. E. Child Care: The parties mutually agree that during the school year, the child's maternal grandmother, shall provide daycare while the pmiies are working. Additionally, the , ~ pm1ies agree to share in the cost of daycare with the child's grandmother equally at the cost agreed to. F. Transportation: The transportation shall be shared equally by the parties, with the parents to exchange custody at some mutually agreed upon location. At all times, the child shall be secured in appropriate passenger restraints. No person transpot1ing the child shall consume alcoholic beverages prior to transporting the child or be under the influence of any alcoholic beverages while transporting the child. Transportation may be provided by a representative of each parent and shall not be limited to the parent themselves. G. Ongoing Relationship: Neither pat1y shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the presence of the child make any disparaging or negative remarks concerning the other parent. Each pat1y shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence atld telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child. H. Illness of the Child: Emergency decisions regarding the child shall be made by the parent then having custody. However, in the event of an emergency or serious illness of the 4 . . child at any time, any patiy then having custody of the child shall communicate with the other party by telephone or any other means practicable, infOtming the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines the child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child I. Welfare of the Child to be Considered: The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. J. Mediation: The parties mutually agree that in the event additional conflicts and issues begin, they will both attend mediation with Dr. Kasey Shienvold of Riegler, Shienvold and Associates prior to filing for any modification with this couri. K. Binding Effect and Modification of Order: This Agreement and all of its terms and conditions shall extend to and be binding upon the paliies hereto and their respcctive heirs, personal representatives and assigns. The parties are free to modify the terms of this Agreement but in order to do so both patiies must be in complete agreement to any new terms. That means both patiies must consent on what the new terms of the custody arrangement or visitation schedule shall be. 5 , . L. Governing Law: This Agreement shall be governed and controlled by the law of Pennsylvania. M. Enforcement: The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. N. Entire Agreement: This Agreement contains the entire understanding between the patties concerning the subject matter hereoC and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein sball be of any force or effect. This Agreement supercedes any and all prior agreements, written or oral, between the patties hereto relating to the subject matter of this Agreement. O. Termination of Hearing Date: The heating scheduled for August 8, 2005, shall be cancelled. IN WITNESS WHEREOF, the parties hereto acknowledge that they arc entering in to this Agreement with the full knowledge that this Agreement shall be entered as a court order with the same force and effect as if a hIll hearing on thi:; matter has been held. ED AND DELIVERED NeE OF: ---, (. WITNESS ~~~ IT ES ~!t: , ~~~ {/:? ANG L . Y J T ( 6 NOWlW. SEAl IIARWA SUMPI.E-lUUNAN NoIarv PubIc NEWC~1lOIlOUGH CllM8Hl.AND COUN1Y CommIuIon New 15. 2007 . ,.' ". COMMONWEALTH OF PENNSYLVANIA ) ) SS. ) COUNTY OF CUMBERLAND Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared JOHN R. YINGST, who being duly affitmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Stipulation for Custody are true and correct to the best of his knowledge, information and belief. . ~ day o~ifiooL / / A\ffi r ;/ ( NOTA . d Sllbscribed to before me this My commission expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA ) ) SS. ) COUNTYOF~~ Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared ANGELA H. YINGST, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Stipulation for Custody are true and correct to the best of her knowledge, information and belief. Affirmed and subscribed to before me this ~ day of ~2005. .antulrvi.L~cut.Uv.D NOTA~ My commission expires: (SEAL) MClTAIUL SEAl. 1IIt"'~.~ LIMO\'NE IQAO.. - MY COllin II'" ElCPlRI!S fE8. 4.__ 7 ~ (':J -{q , ^ .~ it- \). e'__ I "- ~ C> \"" ~ )J Vv ~ 7 ..; v-r ti"- (-; ~ ~ JOHN R. YINGST PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03-4869 CIVIL ACTION LA W ANGELA H. YINGST DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monda~, March. 20, 20QL.....___, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear hefore Hubert X. Gilroy, Esq. at_._..~_f!1l'l()()~,_<::~mbe~land County Courthouse, Carlisle on Friday, April 21, 2006 , the conciliator, at 10:30 AM ~"'- for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard hy 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 tbe 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: Isl Hubert X Gilrov. EsE--___tLdI Custody Coociliator .~' The Court of Commol1 Pleas of Cumberland Coul1ty is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonablc accommodations available to disabled individuals having business before the comi, 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 HA VE 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 J 7013 Telephone (7 I 7) 249-3166 " ~ cL..~ - f7l ''1h /'P~ ~ .~? ~ -(F (7 -~~; fT~J~t? Z /~ ~vK, "'~l;7 ~ $- ~V 4'49. PfJ Z r:: :(" i.!) 17 I.",-i" CFJ" .... ..... ,,'u oJ a 'J ~ .;..;~ " 1\.1\','f~"...,:,.":' ;' ~1Hl. ,r (\Wd_\~,!';L,...J'-:_~'~;:~cJ j :JU 3:1,'.:' -K>-QJll.::J ~J.7 "1/ /,<' \' .. c '7:1. , ~ ~- ,L If""-- }. .' , <p'- file' F' II I' JOHN R. YINGST, Plaintiff vs. ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANGELA H. YINGST, Defendant NO. 03-4869 CIVIL TERM IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW comes the above-narned Defendant, Angela H. Yingst, by her attorney, Samuel L. Andes, and files the following Petition for Special Relief in this matter: 1. The Petitioner herein is the Defendant, Angela H. Yingst. 2. The Respondent is the Plaintiff, john R. Yingst. 3. This action involves the custody of the parties, minor child, Caitlin Savannah Yingst, now age 6, born 11 january 2000. 4. Pursuant to an order entered by this court on 8 September 2005, on the basis of a stipulation of the parties, the parties share physical custody of their daughter. 5. Since the entry of the order in September of 2005, the Plaintiff has been charged with various criminal offenses relating to his alleged sexual assault upon a minor child. When Defendant learned of those charges, she filed a Petition to Modify the custody order, which Petition was filed in early March of 2006. 6. Since her last petition, Defendant has learned that Plaintiff has more recently been charged with more than 100 counts of sexual assault upon a minor female. Those new charges allege sexual assaults by Plaintiff upon this female over a period of several years, comrnencing when the female was 11 years of age. II 7. Defendant believes that Plaintiff's conduct demonstrates a proclivity on Defendant's part to sexually abuse young females and fears that her daughter may be exposed to that type of conduct if the present custody arrangement continues. Defendant questions whether Plaintiff is able to control his conduct and his attraction to young girls and believes that the long history and frequency of Plaintiff's sexual misconduct toward young children dernonstrates that he is not able to control his sexual conduct. 8. The parties child is at a vulnerable and sensitive age and Defendant is fearful that continuing unsupervised contact with Plaintiff constitutes a serious threat to her safety and well-being. WHEREFORE, Defendant prays this court to vacate the order of 8 September 2005, to award her both legal and physical custody of the minor child Cailtlin Savannah Yingst and to Iirnit Plaintiffs custodial contact with the child to periods of visitation only, supervised by a neutral and competent adult at all tirnes. 54.- (~Q SarnuelL.An es Attorney for Defendant Suprerne Court J.D. #17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 II I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: Lj /7/ 0 ~ " '. CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Plaintiff by regular mail, postage prepaid, addressed as follows: Barbara Sumple Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Date: l\-h \ D..o ~Cm \.+tlJhNiJ Amy Harkms Secretary for Samuel L. Andes r--- 'f"\') ;;- ~ \. ~ 0;- v, \.., r,-. G ,. ',p ~;, <:-, FA '" ,- (: I.....: , :<.. v RPR-l~-~006(WEO) 13:36 Samuel Andes. Esq. (FAX)?17 761 143S P 006/006 ()~. ~~- vs. ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CllMI3ERLAND COUNTY, PENNSYLVANIA JOHN R. YINGST. Plai.n tiff CIVIL ACTION - LAW ANGELA R YINGST. Defendant NO. 03-4869 CIVIL TERM IN CUSTODY TEMPORARY ORDER AND NOW. this /3;t1 day of April. 2006. upon consideration of the Petition for Emergency Relief filed in this matter by Angela H. Yingst and of the coI'l.'cspondence from counsel for both parties dated April 12. 2006. it appearing that John R. Yingst is currently incarcerated in the Cumberland County Prison. we enter the following order: 1. The prior order of custody in this matter, dated September S. 2005. is hereby suspended until further order of Court:. 2. Pending further order of Court, legal and physical custody of the minor d'lild, Caitlin Savannah Yingst, born January 11. 2000. is hereby awarded to her mother. the Defendant. Angela H. Yingst. 3. The hearing scheduled on the mother's Petition for Emergency Relief scheduled for April 17, 2006, is hereby cancelledtc-J ~ b- ~ ~ ,ttLr~~~' BY. 1. Distn'bution: Barbara Sumple-Sulliv:m. Attomcy fot Plaintiff. 549 Bridge Street, New Cumberland, P A 17070- Samuel L. Andes, Attorney fot Dcf~dant, 525 N. 12dl SlTeel:, Lemoyne, P A 17043 - C:r I ~ <;; p , c;.:/l:>~ i I '//IJlO" 4 ...",1 ..II _e,!:, :;.' (oJ_'; \.,-) r< JOHN R. YINGST, Plaintiff ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2003- 4869 ANGELA H. YINGST Defendant IN DIVORCE NOTICE TO RESUME PRIOR SURNAME NOTICE IS HEREBY GIVEN that ANGELA HOFFMAN YINGST, Plaintiff in the above matter, having been granted a Final Decree in Divorce on the 7TH day of FEBRUARY 2006, hereby elects to resume the prior surnarne of ANGELA MARIE HOFFMAN and gives this written notice pursuant to the provisions of 54 P.s. S 704. D.le ~J/~XxX I ~~~~;21#<- COMMONWEALTH OF PENNSYLVANIA ) ( SS.: COUNTY OF CUMBERLAND ) On the I#. day of Mr<./l ,2006, before me, the undersigned officer, personally appeared ANGELA HOFFMAN YINGST, known to me (or satisfactorily proven) to be the person whose name is signed to the within Notice to Resume Prior Surname and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOl'NUL.... LYNN S"'!1D, NOl'AIlY I'Ialc =:e~" t1I~'TlIllANDc:o. """"" I!llPIREs ... I, .. l~~ . Notary Public. ~ ~ 'oJ "" '" ~ 't ~ \, C," "" f:\ \. :N ') ~ "'\ l\ , \J 'v "'~ -" ~ " " -...-,..,.,-....-..........."'.-..,'" '....-'.-.. .,.....",-, ',.- I ,l\,,-l2 ./Aill.W" ,.liJlUq Y""i('~ .c...:.~~i~S;i~~:- "'r: ; 'X'\J~A.,f.;~Ml.<.. (1P! If: ;i~"'~" ,~...~~~..:."' _'~:!~~.~~.'.Wl) .. A;-,;, 'I,}',' f u Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN R. YINGST, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - CUSTODY ANGELA H. YINGST, Defendant : NO, 03-4869 PRAECIPE TO WITHDRAW APPEARANCE Please withdraw my appearance on behalf of JOHN R, YINGST in the above-captioned matter, Dated:~ ~ //Barb a Sumple-Sullivan, Esqu1fe-- l 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Supreme Court LD. 32317 fRAECIPE TO ENTER APPEARANCE Please enter my appearance Pro Se in the above-captioned matter, Dated: 11-17-06 JO'i/ &J;st, ~o;: Cumberland County Prison 1101 Claremont Road Box 820 Carlisle, P A 17013 << . Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 JOHN R. YINGST, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 03-4869 ANGELA F. YINGST, Defendant : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIV AN, ESQUIRE, do hereby certify that on this date, I served Praecipe to Withdraw Appearance, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: SarnueIL.Andes,Esquire 525 N. lih Street P.O. Box 168 Lemoyne, PA 17043 DATE: APril~~006 / Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court LD. 32317 ,.-.., '.',-' APR 2 'I 200b lEY.- .~i-__~.=.J JOHN R. YINGST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.03-4869 CIVIL ACTION - LAW ANGELA H. YINGST, Defendant IN CUSTODY ORDER r AND NOW, this ;2 &- day of April, 2006, the Conciliator being advised that the Plaintiff is incarcerated, the June 1, 2006 custody conciliation conference is canceled. This matter may be rescheduled with the Conciliator at the written request of either party. ~. !Ebert X. Gilroy, Esquire Custody Conciliator Cc: Samuel L. Andes, Esquire Mr. John R. Yingst