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HomeMy WebLinkAbout07-5277NATHANIEL S. YORE, Plaintiff V. SARAH M. YORE, Defendant 1. Plaintiff is Nathaniel S. Yohe, an adult individual who currently resides at 135 Southside Drive, Newville, Cumberland County, Pennsylvania 17241-9686. 2. Defendant is Sarah M. Yohe, an adult individual who currently resides at 7 Clugston Road, Newville, Cumberland County, Pennsylvania, 17241-9686. 3. The parties are the parents of two minor children; namely, Patience M. Yohe, bom November 27, 1997, and Caleb M. Yohe, bom November 29, 2001. Patience M. Yohe was not bom in wedlock. Caleb M. Yohe was bom in wedlock. The children are presently in the custody of Defendant at 7 Clugston Road, Newville, Cumberland County, Pennsylvania, 17241-9686. During the past five years, the children have resided with the following persons at IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - ~ °Z ~ y CIVIL CIVIL ACTION-LAW IN CUSTODY CUSTODY COMPLAINT the following addresses: Persons Residences Dates Sarah M. Yohe Sarah M. Yohe 7 Clugston Road Newville, PA, 17241-9686 135 Southside Drive Newville, PA, 17241-9536 April, 2007 to Present November, 2004 to April, 2007 Nathaniel S. Yohe 937 Emjay Way, Apartment B January, 2001 to Sarah M. Yohe Carthage, NY, 13619-9742 November, 2004 ,.- ,i The natural father of the child is Nathaniel S. Yohe, currently residing at 135 Southside Drive, Newville, Cumberland County, Pennsylvania 17241-9686. He is divorced from the Defendant. The natural mother of the child is Sarah M. Yohe, currently residing at 7 Clugston Road, Newville, Cumberland County, Pennsylvania, 17241-9686. She is divorced from the Plaintiff. 4. The relationship of the Plaintiff to the child is that of natural father. The plaintiff currently resides with the following persons: Names NONE. Relationship 5. The relationship of the Defendant to the child is that of natural mother. The defendant currently resides with the following persons: Names Relationship Patience M. Yohe Daughter Caleb M. Yohe Son 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation conceming the custody of the children in this or another court. Plaintiff has no information of a custody proceeding conceming the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. ~ .r a;,~ 7. The best interest and permanent welfare of the children will be served by granting the relief requested the parties are in agreement regarding the custody of the children and will sign a custody stipulation which contains the agreement. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: none WHEREFORE, Plaintiff requests your Honorable Court to grant him primary physical custody of the children and give Defendant partial custody at such times as is convenient for the defendant and the parties. Respectfully submitted, O'BRIEN, BARK & SCHERER '~_- Michael .Scherer, Esquire I.D. No. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff ~~`~'~~ Date: maalDomesttc\Yohe~custody.comp NATHANIEL S. YOHE, Plaintiff V. SARAH M. YORE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - CIVIL CIVIL ACTION-LAW IN CUSTODY VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Nathaniel S. ohe Dated: August 28, 2007 C. `ti `~- ~'~ ~1 u Q C ~~ ~ r,~~ b '~rf c.s~ y ~ ~a ,`= ~ ~ ~~, ~~ ~ t ~~ ~ N `` i _ p C3 ~ NATHANIEL S. YOHE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SARAH M. YOHE DEFENDANT • 2007-5277 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 12, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Joha J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 28, 2007 at 1:00 PM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearln~. FOR THE COURT. By: Is/ ohn .Man n r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -~,~~-~ ~~~ ~ wn~ .. ~~ ~ ~a des ~~ Ca~ ~t-~j CQ. ~f'J ~~ -~~ -b NATHANIEL S. YOHE, Plaintiff V. SARAH M. YORE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - rj~1~] CIVIL CIVIL ACTION-LAW IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this 1~ day of ,~tC,C.y' ~~ , 2007, by and between Nathaniel S. Yohe (hereinafter referred to as "Father") and Sarah M. Yohe (hereinafter referred to as "Mother"); The parties are the natural parents of Patience M. Yohe, born November 27, 1997, and Caleb M. Yohe, born November 29, 2001, (hereinafter referred to as "children"}; and, WHEREAS, the natural parents are divorced and living in separate residences; and, WHEREAS, the parties wish enter into this Agreement relative to the custody of the children and to have the Commonwealth of Pennsylvania assume jurisdiction of this case. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. The parties shall share legal custody of the children, Patience M. Yohe, born November 27, 1997, and Caleb M. Yohe, born November 29, 2001, (hereinafter referred to as "children"). Shared legal custody means the right of both parents to control and to share in making decisions of importance in the life of their child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being, including, but not limited to, all decisions regarding their health, education and religion. Each parent shall notify the other parent of any medical, dentai, optical, counseling and other appointments of the child with health care providers, sufficiently in advance thereof so that the other party may attend, if he or she so chooses. Pursuant to the terms of 23 Pa. C.S.A.§5309, each parent shall be entitled to equal access to all medical records and information pertaining to the children; including, but not limited to, the child's school, medical, dental, religious and other important records and the residence address of the other parent. 2. Father shall have primary physical custody of the children. 3. Mother shall have physical custody of the children at such times as the parties agree. 4. The Parties desire that their stipulation be entered as an Order of Court in Cumberland County, Pennsylvania. WITNESS: Nathaniel .Yohe Date: , 2007 Date: , 2007 ;: Sarah M. Yohe maslDomesticlYohe\custody.stp ~. ~ r' Ci c.~x f ---1 :'s'ue ;~ -r-r s ~ .. - ra[ ~' 1- j C~:i .. .~~f Ct ..7 C...~ _ ~, ` ;~ i A a~. NATHANIEL S. YOHE, Plaintiff V. SARAH M. YOHE, 3 ar~Y6 ~~, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 5277 CIVIL CIVIL ACTION-LAW IN CUSTODY Defendant ORDER OF COURT AND NOW, this the ?s' ~ day of , 2008, upon consideration of the within Stipulation, the following Custody Agreement is hereby adopted as an Order of Court: 1. The parties shall share legal custody of the children, Patience M. Yohe, born November 27, 1997, and Caleb M. Yohe, born November 29, 2001, (hereinafter referred to as "children"). Shared legal custody means the right of both parents to control and to share in making decisions of importance in the life of their children. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being, including, but not limited to, all decisions regarding their health, education and religion. Each parent shall notify the other parent of any medical, dental, optical, counseling and other appointments of the children with health care providers, sufficiently in advance thereof so that the other party may attend, if he or she so chooses. Pursuant to the terms of 23 Pa. C.S.A.§5309, each parent shall be entitled to equal access to all medical records and information pertaining to the children; including, but not limited to, the children's school, medical, dental, religious and other important records and the residence address of the other parent. 2. Father shall have primary physical custody of the children. 3. Mother shall have physical custody of the children at such times as the parties agree. J. Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 Sarah M. Yohe 7 Clugston Road Newville, Pennsylvania 17241-9686 ~ ~~~ ~~~~ ~~! f~ /O8 ~~ ~~. ~ ~ f.~r~,~! ~~ :I !'~ ~ I ~'i ~=J~~ _.vJ._"_.: L LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717)591-1756 Email: Isaylor@pjrlaw.com Attorneys for Defendant NATHANIEL S. YORE, IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. NO. 2007-5277 CIVIL TERM SARAH M. YORE, Defendant IN CUSTODY PETITION FOR MODIFICATION Petitioner, Sarah M. Yohe, by and through her counsel, The Law Offices of Peter J. Russo, P.C., states the following: 1. Defendant/Petitioner, hereinafter referred to as Mother; resides at 7 Clugston Road, Newville, Cumberland County Pennsyl~rania 17241. 2. Plaintiff/Respondent, hereinafter referred to as Father, firesides at 135 Southside Drive, Newville, Cumberland County, Pennsylvania 17241. 3. The above-named parties are the natural parents of Patience M. Yohe, born November 27, 1997, and Caleb M. Yohe, born November 29, 2001, hereinafter referred to as the Children. 4. The current Custody Order, dated January 18, 2008, is attached as Exhibit "A" and incorporated herein by reference. 5. The January 18, 2008, Order of Court was entered upon stipulation of the parties, for which Father was represented and Mother was not. 6. The January 18, 2008, Order of Court in brevity grants Father primary physical custody of the Children. 7. As indicated by the Custody Complaint filed on or about September 4, 2007, both of the Children had resided solely with Mather from November of 2004 to the time of the filing of the Custody Complaint. 8. The Children have continued to primarily reside with Maher from the date of the filing of the Custody Complaint to preseht date. 9. It is in the Children's best interest to continue to be in the primary care of their Mother for reasons including, but not limitdd to, the following: a. The Children have primarily resided with Mother since the parties' separation in or about November of 2004, dnd thus Petitioner is simply requesting that the Custody Omer be modified to accurately reflect that status quo. b. Since 2004, the Children have been enrolled in the' school district in which Mother, but not Father, resides. c. Mother is the party more likely to encourage a relationship with the other parent. 2 • t . 10. The undersigned counsel contacted Plaintiff's attorney of record who indicated that he was unable to concur with the relief requested in this Petition, but further indicated that he did consent to service being made on the Plaintiff directly. 11. The Honorable Judge Edward E. Guido has entered the previous January 18, 2008, Order of Court. WHEREFORE, Mother respectfully requests the Custody Order be amended to reflect the status quo of Mother having primary physical custody of the Children and Father having physical custody of the Children at such times as the parties agree. Respe Ily submitted, LAW OFFI S OF PETER J. R SSO, P.C. Peter J. Russo, Esquire ID No. 72897 Elizabeth J. Saylor, Esquire ID No. 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Ph: 717-591-1755; Fx: 717-591-1756 Attorneys for Defendant 3 EXHIBIT A a. ~a~ ~ ~ s 2oos~ NATHANIEL S. YORE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007 - 5277 CIVIL SARAH M. YORE, CIVIL ACTION-LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this the ~' 'day of , 2008, upon consideration of the within Stipulation, the following Custody Agreement is hereby adopted as an Order of Court: 1. The parties shall share legal custody of the children, Patience M. Yohe, born November 27, 1997, and Caleb M. Yohe, born November 29, 2001, (hereinafter referred to as "children"). Shared legal custody means the right of both parents to control and to share in making decisions of importance in the life of their children. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general wellbeing, including, but not limited to, all decisions regarding their health, education and religion. Each parent shall notify the other parent of any medical, dental, optical, counseling and other appointments of the children with health care providers, sufficiently in advance thereof so that the other party may attend, if he or she so chooses. Pursuant to the terms of 23 Pa. C.S.A.§5309, each parent shall be entitled to equal access to all medical records and information pertaining to the children; including, but not limited to, the children's school, medical, dental, religious and other important records and the residence address of the other parent. 2. Father shall have primary physical custody of the children. 3. Mother shall have physical custody of the children at such times as the parties agree. J. *-- Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 Sarah M. Yohe 7 Clugston Road Newvilfe, Pennsylvania 17241-9686 ~ ';,_t }rt~~s~+ ` ~, +• ~ VERIFICATION I, Sarah M. Yohe, verify that the statements made in the forgoing document are true and correct to the best of my knowledge ar~d belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unswom falsification to authorities. Dated: C~~ ~' U r' Sara .Yohe 4 "(`~~' ~? °'`~ ' ;,~ ~ ~~ti /~ ""'.. T NATHANIEL S. YOHE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SARAH M. YOHE DF.,FENDANT • 2007-5277 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, April Ol, 2009 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, May O5, 2009 at 1:00 PM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide gxounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ ohn .Man an r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 1701.3 Telephone (717) 249-3166 aF ~~v "' ~ ~~ ~~ ~~~ LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com Attorneys for Defendant NATHANIEL S. YOHE, IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION -LAW v. . NO. 2007-5277 CIVIL TERM SARAH M. YOHE, D®fendant IN CUSTODY CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the Petition for Modification upon the person(s) and in the manner indicated below: US Regular Mail on March 31, 2009 Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 Attorney for Plaintiff US Regular Mail on April 9, 2009 Nathaniel S. Yohe 436 Alexandria Court Marietta, PA 17547 ~~~~c, Amber L. Southard', Paralegal Date: ~~28~U~ ~~ s ~~~~3 P~ ~ f'~~~ 2~ I 1.l\ ~~~g ~ i ~'i Mi ~: t 1 ` t ... I,... Yt t :' NATHANIEL S. YORE, Plaintiff v. SARAH M. YOHE, Defendant Prior Judge: Edward E. Guido, J. JUN 0 4 200, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5277 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this ~> -da of June 2009, upon consideration of the attached Custody Y Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders of Court are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Nathaniel S. Yohe, and the Mother, Sarah M. Yohe, shall have shared legal custody of Patience M. Yohe, born 11/27/1997 and Caleb M. Yohe, born 11/29/2001. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Father shall have physical custody of the Children every weekend from Friday until Sunday. In the absence of agreement otherwise, Father shall have custody from Friday 7:00 pm until Sunday between 7:30 and 8:30. b. While Father remains residing in Elizabethtown, the parents shall meet half-way at exit 3 off of route 581 for the exchanges. c. If Father is in the Newville area for the exchanges, the parents shall meet at the Park and Ride. d. Commencing 6/10/09, the Children shall spend every Wednesday overnight at paternal grandmother's residence. Paternal grandmother shall pick the Children up at 4:30 pm and return the Children to day care/baby-sitter's in the morning. e. Father shall have physical custody of the Children at such other times as the parties may mutually agree. 4. Right of first refusal: In the event that the custodial parent should require acare- taker/babysitter (excluding regular day care and significant others) for the Children a period of time in excess of four hours, the custodial party shall first offer said opportunity to the non- custodial parent. 5. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 6. Holidays: A holiday schedule shall be established at the conference scheduled for June 26, 2009 at 10:00 am in the absence of mutual agreement. 7. Vacation: A vacation clause shall be established at the conference scheduled for June 26, 2009 at 10:00 am. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 9. Neither parry may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 10. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 11. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 12. Relocation: This Order based upon the Children's residence in Cumberland County. If either party intends to establish residency a greater distance from where they presently reside and said move would impact the parties' ability to exercise their respective custodial periods, he or she must give to the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the changed circumstances. In the event the parties are unable to reach an agreement, the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order. 13. A status update conference is hereby scheduled with the assigned conciliator on June 26, 2009 at 10:00 am at the Court of Common Pleas in Carlisle, PA 17013. 14. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. J. ~~ O S =ZI ~d ~- ~f b~ 1~1C.1~r~1.C3~ld ;. ~ Dom' tribution: /Diane Radcliff, Esquire /l~lizabeth Saylor, Esquire ./Yohn J. Mangan, Esquire t~gS rn~.t,~c.~,, ~~S~OQ ~~ NATHANIEL S. YOHE, Plaintiff v. SARAH M. YORE, Defendant Prior Judge: Edwazd E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5277 CIVII{ ACTION LAW 1N CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who aze the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Patience M. Yohe 11/27/1997 Mother and Father Caleb M. Yohe 11/29/2001 Mother and Father 2. A Conciliation Conference was held with regard to this matter on May O5, 2009 with the following individuals in attendance: The Mother, Sarah M. Yohe, with her counsel, Elizabeth Saylor, Esq. The Father, Nathaniel S. Yohe, with his counsel, Diane Radcliff, Esq. 3. The parties agreed to the entry of an Order in the form as attached. ~~~ _. Date Jo J. angan, Esquir Cus ody Conciliator JUL 0 6 2009 NATHANIEL S. YOHE, Plaintiff v. SARAH M. YORE, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5277 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this ~_ day of July 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders of Court are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Nathaniel S. Yohe, and the Mother, Sarah M. Yohe, shall have shared legal custody of Patience M. Yohe, born 11/27/1997 and Caleb M. Yohe, born 11/29/2001. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Pending further Order of Court, Mother and Father shall arrange physical custody of the Children as follows: a. While Father is out of this jurisdiction for his military/employment obligations, Father shall have physical custody of the Children every weekend from Friday until Sunday. The exchange locations and times shall be as agreed upon. Both parties have agreed to be flexible in regard to the other parent's schedule and the Children's activities on the weekends. b. While Father is out of this jurisdiction for his military/employment obligations, the Child/ren's Wednesday overnights at paternal grandmother's residence shall be suspended, unless mutually agreed that the Wednesday overnights would be in the Child/ren's best interest. Once Father is back in this jurisdiction and if Father has not obtained independent housing from paternal grandparents, the Wednesday overnights shall be re-instated. c. Once Father is back in this jurisdiction and if Father has obtained independent adequate housing, the parents shall share physical custody of the Children on a week on/ week off basis from Friday until the following Friday. The exchange times and locations shall be by mutual agreement. 4. Right of first refusal: In the event that the custodial parent should require acare- taker/babysitter (excluding regular day care and significant others) for the Children a period of time in excess of four hours, the custodial party shall first offer said opportunity to the non- custodial parent. 5. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 6. Holidays: The parties shall arrange a holiday schedule as attached unless otherwise mutually agreed upon. 7. Vacation: Each parent shall have two non-consecutive weeks of vacation with the Children per year. It is anticipated that once Father has returned to this jurisdiction and has independent adequate housing, there will be a week on, week off schedule; as such, each parent shall schedule vacation during their respective week of custody. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. It is specifically directed that neither party shall discuss with the Children custody or child support issues. 10. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 11. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 12. Relocation: This Order based upon the Children's residence in Cumberland County. If either party intends to establish residency a greater distance from where they presently reside and said move would impact the parties' ability to exercise their respective custodial periods, he or she must give to the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the changed circumstances. In the event the parties are unable to reach an agreement, the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order. 13. Once Father has returned to this jurisdiction and has obtained independent adequate housing, it is anticipated that the parties shall share custody of the Children on a week on/week off basis. Either party shall have the right to directly contact the assigned conciliator to schedule a status conference should the need arise to modify the custody situation. 14. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. D~~bution: ./D~' ~e Radcliff, Esquire /Elizabeth Saylor, Esquire /J~ohn J. Mangan, Esquire ~~~ o~ ~/')'~ J. HOLIDAYS AND SPECIAL DAYS TIlVIES EVEN YEARS ODD YEARS Easter Da 1 S Half From 9 am until 3 m Father Mother Easter Da 2° Half From 3 m until 9 m Mother Father Memorial Da From 9 am until 9 m Mother Father Inde endence Day From 9 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treatin Father Mother Thanksgiving 1St Half From 8 am Thanksgiving Day to 2 m on Thanks ivin Da Father Mother Thanksgiving 2° half From 2 pm on Thanksgiving Day to noon the da after Thanks ivin Da Mother Father Christmas 1St Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2° Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Da From 9 am until 9 m Mother Mother Father's Day From 9 am until 9 m Father Father NATHANIEL S. YOHE, Plaintiff v. SARAH M. YOHE, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5277 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVII. PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custod~of Patience M. Yohe 11/27/1997 Mother and Father Caleb M. Yohe 11 /29/2001 Mother and Father 2. A Conciliation Conference was held with regard to this matter on May O5, 2009, an Order issued June O5, 2009 and a conciliation conference was held June 26, 2009 with the following individuals in attendance: The Mother, Sarah M. Yohe, with her counsel, Elizabeth Saylor, Esq. The Father, Nathaniel S. Yohe, with his counsel, Diane Radcliff, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John gan, Esquire Cust y nciliator ~OQ9 ,~a~,~! -- ~ ~i~ ~~ ~ ~, CL}~rlr ,, ..,,~ i '4 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com NATHANIEL S. YORE, Plaintiff v. SARAH M. YOHE, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2007-5277 CIVIL TERM IN CUSTODY STIPULATED AGREEMENT This Stipulated Agreement entered into this .31 day of July, 2009, by and between Nathaniel S. Yohe (hereinafter "Father") and Sarah M. Yohe (hereinafter "Mother"), collectively "the Parties". WITNESSETH: WHEREAS, the Parties are the biological parents of Patience M. Yohe, born November 27, 1997, and Caleb M. Yohe, born November 29, 2001 (hereinafter collectively the "Children"); and WHEREAS, on or about June 9, 2009, Mother filed a Complaint for child support, in the Office of Domestic Relation, Cumberland County, docketed to PACSES Case No. 152110923 (hereinafter "DR Action"); and WHEREAS, Father is on active duty in the armed forces and is schedule to be out of this Commonwealth for training from July 6, 2009, until September 16, 2009; and ^.. , WHEREAS, the conference for the DR Action is scheduled for August 20, 2009; and WHEREAS, the Parties entered into an agreement regarding the custody of the Children at a conciliation held on June 27, 2009; and WHEREAS, the Parties thereafter, reached an agreement regarding the DR Action, but which provided for Father to pay support as an allotment, and not to have his wages garnished due to the possible negative consequences regarding his employment; and WHEREAS, Domestic Relations is unable to provide for an Order reflective of the Parties' agreement, and the above captioned court may grant such an Order in the DR Action, upon approval of an agent of Domestic Relations. NOW THEREFORE, in consideration of the mutual promises and covenants expressed herein, AND INTENDING TO BE LEGALLY BOUND HEREBY, the parties agree to the following: 1. The recitals set forth above are incorporated herein by reference and are a material part of this Stipulated Agreement. 2. Commencing on July 1, 2009, and monthly thereafter, Father shall pay to Mother child support in the amount of $500.00 per month, payable as follows: a. $250.00 on or before the 1 St day and 15th day of each month; b. The payment shall be made by allotment, which shall be set up by Father as soon as possible. Pending that allotment becoming effective, Father shall pay via check. . ~ 3. In addition to the child support, Father shall pay 100% of the unreimbursed medical expenses for both of the Children. 4. For the 2009 tax year, Mother shall have the right to claim both of the Children, which right shall continue, except during the year(s) in which the parties share joint physical custody of the Children, and then Mother shall have the right to claim Caleb and Father shall have the right to claim Patience. 5. The Parties agree that the terms of this Stipulated Agreement are based on the Parties' current financial circumstances and shall be modifiable based on a substantial change in those circumstances. 6. The Parties shall take whatever steps necessary to have an Order entered under the DR Action, as soon as practical, reflective of the terms set forth in this Stipulated Agreement, and if not possible then under this Custody action or any other appropriate Order of Court. 7. If an Order in the DR Action, reflective of the aforementioned terms is not possible and Father breaches any of his obligations set forth in this Stipulated Agreement, and does not cure the breach within fifteen (15) days, the Parties agree that: a. Father's wages shall be immediately garnished for 100% of his child support obligation; b. Father shall immediately pay to Mother any arrears due; and c. Father shall be responsible for all reasonable costs and fees, including but not limited to Mother's reasonable attorney's fees incurred as a result of said breach. The parties to this Addendum have hereunto set their hands and seals on the ~ 1 day of July, 2009. ~: AT ANIEL S. OHE __ __ ,., ,. ~. ~V SARAH M. YORE COUNSEL..E NATHANIEL S. COUNSEL FOR SARAH M. YOHE ~' THE °q~ ~,,-;< 4t,v~;~.~ i~Y 2Q09 ~%jG ~ $ i ~°`i 1 ~ ~ f F ~i~l~~~'(~1~"r~.'~Jr"f'~. NATHANIEL S. YOHE, Plaintiff v. SARAH M. YOHE, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2007-5277 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this S~ day of , 2009, it is hereby ORDERED and DECREED that the terms of the attached Stipulated Agreement dated 3 , 2009, is hereby made an Order of Court. BY E COURT J. Distribution List: / Elizabeth J. Saylor, Esquire The Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Attorney for Defendant /Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff ~Fs ~~~~ $~~~o~ 3~ . ~-~r 2009 AElG 20 P i2~ i 0 CUM~~. - . ui~~` JUL ~ ~! ~p1A ~~ NATHANIEL S. YOHE, Plaintiff v. SARAH M. YOHE, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5277 IN CUSTOD ORDER OF COURT CIVIL ACTION LAW r.; C~ ~:.~ K~ y --- ~..a - ~., c~ a_: '~1 ~sr ~ y 4«~Sc, this ~ da of Jul 2010 u on consideration of the attached Custod ` AND NOW ~_ y y p Y Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders of Court aze hereby VACATED and replaced with this Order. ~~ 'vrt r +~ 2. Le~Lal Custodv: The Father, Nathaniel S. Yohe, and the Mother, Sarah M. Yohe, shall have shazed legal custody of Patience M. Yohe, born 11/27/1997 and Caleb M. Yohe, born 11/29/2001. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regazding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each pazent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other pazent. To the extent one pazent has possession of any such records or information, that pazent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other pazent. 3. Physical Custodv: Pending further Order of Court, Mother and Father shall arrange physical custody of the Children as follows: a. The pazents shall shaze physical custody of the Children on a week on/ week off basis from Friday until the following Friday. The exchange times and locations shall be by mutual agreement. b. It is expressly understood that Father shall give due consideration to Patience's desire or willingness to spend time with Father (to what extent she would want to spend with Father, whether every weekend or every other weekend or every other week). c. The parties may alter the physical custodial schedule by mutual agreement. 4. Right of first refusal: In the event that the custodial pazent should require a caze- taker/babysitter (excluding regulaz day care and significant others) for the Children a period of time in excess of four hours, the custodial party shall first offer said opportunity to the non- custodial pazent. 5. The non-custodial pazent shall have liberal telephone contact with the Children on a reasonable basis. 6. Counseling: The parties have agreed to, and shall, engage in therapeutic family counseling, with a focus on co-parenting, with a mutually agreed upon professional. Additionally, the parties shall continue to engage Patience in individual counseling as necessary or proper pursuant to the recommendations of her counselor. Father has agreed to continue with his own individual counseling as well. It has been agreed that nothing discussed in counseling shall be utilized in litigation and that none of the professionals will provide testimony if a custody hearing is necessary in the future. 7. Holidays: The parties shall arrange a holiday schedule as attached unless otherwise mutually agreed upon. 8. Vacation: Each parent shall have two non-consecutive weeks of vacation with the Children per year. It is anticipated that once Father has returned to this jurisdiction and has independent adequate housing, there will be a week on, week off schedule; as such, each parent shall schedule vacation during their respective week of custody. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. 9. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 10. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. It is specifically directed that neither party shall discuss with the Children custody or child support issues. 11. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 12. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 13. Relocation: This Order based upon the Children's residence in Cumberland County. If either party intends to establish residency a greater distance from where they presently reside and said move would impact the parties' ability to exercise their respective custodial periods, he or she must give to the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the changed circumstances. In the event the parties are unable to reach an agreement, the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order. 14. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. J. Di bution: iane Radcliff, Esquire ~izabeth Saylor, Esquire ~hn J. Mangan, Esquire ~~~ ,~~ / iJ HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Da 1 S` Half From 9 am until 3 m Father Mother Easter Da 2° Half From 3 m until 9 m Mother Father Memorial Da From 9 am until 9 m Mother Father Ind endence Da From 9 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treatin Father Mother Thanksgiving ls` Half From 8 am Thanksgiving Day to 2 m on Thanks 'vin Da Father Mother Thanksgiving 2n half From 2 pm on Thanksgiving Day to noon the da after Thanks ivin Da Mother Father Christmas l s Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2n Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1 S` (with the 12/31 year to control the even/odd determination) Mother Father Mother's Da From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father NATHANIEL S. YOHE, Plaintiff v. SARAH M. YORE, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5277 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custodv of Patience M. Yohe 11/27/1997 Mother and Father Caleb M. Yohe 11/29/2001 Mother and Father 2. A Conciliation Conference was held with regard to this matter on May O5, 2009, an Order issued June O5, 2009, a conciliation conference was held June 26, 2009, an Order issued July 07, 2009 and a conference was held June 15, 2010 with the following individuals in attendance: The Mother, Sarah M. Yohe, with her counsel, Elizabeth Saylor, Esq. The Father, Nathaniel S. Yohe, with his counsel, Diane Radcliff, Esq. 3. The parties agreed to the entry of an Order in the form as attached. ~/~ g~~ Date Jo J. angan, Esquire C tod Conciliator 4 • SEP 012010 NATHANIEL S. YORE, Plaintiff v. SARAH M. YOHE, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2007-5277 CIVIL TERM IN CUSTODY IN RE: EMERGENCY PETITION FOR CUSTODY AND NOW this ~~day of 2010, upon consideration of Defendant's Emergency Petition for Custody it is hereby ORDERED that Mother is granted temporary sole physical custody of Patience M. Yohe and Caleb M. Yohe until further Order of Court and a hearing on Mother's Petition is scheduled for the n ~ day of ~~~._ 2010, at l~~.m. in Courtroom No. , Cumberland County Courthouse, Carlisle, Pennsylvania. B T J. Distribution List: E ' beth J. Saylor, 5006 E. Trindle Road, Suite 100, Mechanicsburg, PA 17050 iane G. Radcliff, 3448 Trindle Rd, Camp Hill, PA 17011 ~ Lam s ~~ ~- . 4~~ / v , r ~ m n' .~ =-o :~ ~n CIa _. N ~ f-pp~" C:G ~~_ ~~rj ~+ C .... Q N NATHANIEL S. YORE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2007-5277 CIVIL ACTION LAW SARAH M. YOHE IN CUSTODY 1~F...FENDANT ORDER OF COURT AND NOW, Friday, September 03, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 12, 2010 at 9:00 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and. to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR. THE COURT, By: /s/ John J. Mangan~,jr., Esq.~~y Custody Conciliator 7~! The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled. individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT NAVE 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 C `~ -~ ~~ ~, ~}„ 32 South Bedford Street ~, -v ~~ ~ Carlisle, Pennsylvania 17013 ~ ,,- ~;,~ Telephone (717) 249-3166 ~ C~3 ~, • to luc~h' e~ tuna; led -~ i-~~ ~b~.~~ ~ 3 ~ 3 a ~'~ f G ~~ +': { ='3 a =~ oniaAA-L CY `.J -n s Pleading Description: Motion for Continuance of 9/10/10 Hearing "' Prepared and Submitted by: Diane G. Radcliff, Esquire, Attorney for PlaintifC.. rn Previously Assigned Judge: The Honorable Edward E. Guido> Appearance For Plaintiff: Diane G. Radcliff Esquire, 3448 Trindle Road Camp Hill PA 17011 Email: dianeradc(iffCcomcast.net • Phone: 7'17-737-010b • Fax: 717-975-0697 Appearance For Defendant: Elizabeth J. Saylor, Esquire, 5006 E. Trindle Road Suite 100 Mechanicsburg, PA 17050 Email: : tsaylorCplr.com • Phone: 591-1755 x 1d4 • Fax: 5§1-1756 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATHANIEL S. YOHE, Plaintiff NO. 2007-5277 V. CIVIL ACTION - LAW SARAH M. YORE, IN CUSTODY Defendant MOTION FOR CONTINUANCE AND NOW, this day of September, 2010, Diane G. Radcliff, Esquire, Attorney for Plaintiff, Nathaniel S. Yohe, hereby moves this Honorable Court to continue the hearing on Defendant's Emergency Petition for Custody scheduled for September 10, 2010 at 11:15 a.m. And reschedule the same at the earliest possible date on or after October 2, 2010 and in support thereof represents that: 1. The continuance of the September 10, 2010 hearing is necessary in that Defendant will be in an in patient rehabilitation facility from September 9, 2010 until October 1, 2010 and will not be available to attend the hearing. 2. Defendant's Attorney, Elizabeth Saylor, has been contacted about this motion and has advised that she does not oppose this continuance. ully submitted, 3448 rindle R ad Cam 17011 Phone: (717) 737-0100 Fax: 717 975-0697 Supreme Court ID # 32112 Attorney for Defendant, Nathaniel Yohe CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Elizabeth J. Saylor, Esquire 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (Counsel for Defendant ) D CLIFF, ESQUIRE A istration No 32112) 448 Trindle oad Camp Hill, PA 17011 Email: dianeradcliff comcast.net Phone: (717 737-0100 Fax: (717) N-0697 Counsel for Plaint Dated: 3 SFP 0 9 'LULU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATHANIEL S. YOHE, Plaintiff V. SARAH M. YOHE, Defendant C NO. 2007-5277 C?. r 7 -11 .a CIVIL ACTION - LAW yy IN CUSTODY ?i ORDER AND NOW, this to day of September, 2010, upon consideration of the within Motion, IT IS HEREBY ORDERED that the hearing on Defendant's Emergency Petition for Custody scheduled for the 10thday of September 2010 at 11:15 a.m. is hereby continued and rescheduled for the day of 0&?#f t , 2010 at r M., to be held in Courtroom No. 3 of the Cumberland County Courthouse, Carlisle, PA. Pending further Order of Court all other provisions of the September 1, 2010 Order of Court shall remain in full force and effect. By t ourt: Edward E. Guido, Judge Distribution: Att rney for Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 ttorney y for Defendant: Elizabeth J. Saylor, Esquire, 5006 E. Trindle Road, Suite 100, Mechanicsburg, PA 17050 L? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5277 CIVIL TERM IN CUSTODY TRANSCRIPT OF PROCEEDINGS IN RE: STIPULATION Proceedings held before the HONORABLE EDWARD E. GUIDO, J. Cumberland County Courthouse, Carlisle, Pennsylvania on Monday, October 4, 2010, in Courtroom No. 3 NATHANIEL S. YOHE, Plaintiff v SARAH M. YOHE, Defendant APPEARANCES: DIANE G. RADCLIFF, Esquire Attorney for Plaintiff ELIZABETH J. SAYLOR, Esquire Attorney for Defendant "! ~) L~e7 "M'j ~~ ~ ~~ ^~~ 1 THE COURT: Good afternoon. I understand the 2 parties have reached an agreement. 3 MS. RADCLIFF: Yes, Your Honor. This is the 4 matter of Nathaniel S. Yohe v. Sarah M. Yohe. We're in 5 court on an emergency petition that had been filed by Sarah 6 Rotz. Pardon me. I said Yohe. Her new name is Rotz. 7 She's formerly Sarah M. Yohe. We are pleased to advise the 8 Court that an agreement has been reached, which I will give 9 you the terms, if that is okay with you. 10 THE COURT: That works for me. 11 MS. RADCLIFF: The Order of Court that was 12 previously entered on July 30, 2010, shall be in full force 13 and effect, except as follows: 14 THE COURT: These guys are frequent flyers. 15 They are in court every other month. Are you saying January 16 30th, 2010? 17 MS. RADCLIFF: No, July 30, 2010. That was 18 the Order that was entered as a result of conciliation. You 19 may look at mine. I can get it on-line. 20 THE COURT: Then there was another 21 conciliation scheduled? 22 MS. RADCLIFF: There is another conciliation 23 scheduled after this on October 12th. 24 THE COURT: Does that resolve that? 25 MS. SAYLOR: No, Your Honor, only as to 2 1 contempt issues that we wanted to address. 2 THE COURT: Okay. Go ahead. 3 MS. RP,DCLIFF: As pertains to the schedule 4 for the son, Caleb, father shall have supervised visitation 5 of Caleb during the following times: 6 On October 9th, 2010, which is a Saturday, 7 from 10:00 a.m. until 7:00 p.m. 8 On Saturday, October 23rd, 2010, from 10:00 9 a.m. to 7:00 p.m. 10 On Sunday, October 24th, 2010, from 10:00 11 a.m. to 7:00 p.m. 12 On November 5th, 2010, at 7:00 p.m. until 13 November 7th, 2010, at 7:00 p.m. 14 On November 19th, 2010, at 7:00 p.m. until 15 November 21st, 2010, at 7:00 p.m. 16 On December 3rd, 2010, at 7:00 p.m. until 17 December 10th, 2010, at 7:00 p.m. 18 On December 17th, 2010, at 7:00 p.m. until 19 December 24th, 2010 at 7:00 p.m. 20 For each of those periods, father's 21 visitations will be supervised by his parents. Before any 22 such visitation shall take place, the parents shall sign an 23 accountability statement binding them to this Order and 24 binding them to supervise that visitation, which 25 accountability statement will be filed with the Court. 3 1 During the time period that father's 2 visitation is supervised, he shall provide, through counsel, 3 a statement from his military outpatient treatment 4 indicating that he is in compliance. In the event that 5 statement indicates that he is not in compliance, his 6 visitation rights with his son shall be suspended pending 7 further Order of Court. 8 By stating that -- and this doesn't go into 9 the agreement -- we're not stating he can't have visitation 10 rights but that a motion would have to be filed in order to 11 have some. 12 For purposes of each of the visitation 13 periods indicated, the grandparents, meaning father's 14 parents, shall provide the transportation, and the exchanges 15 shall be made at the regular exchange point the parties 16 previously agreed. 17 Commencing with the week of December 31st, 18 2010, and on alternating weeks thereafter, father shall 19 return to his regular alternating week schedule, running 20 from Friday at 7:00 p.m. until Sunday at 7:00 p.m., and 21 those visitation rights will not be supervised. 22 THE COURT: So, after December 31st, the 23 Order of July 30 will go into full force and effect? 24 MS. RADCLIFF: Well, it is still going to be 25 in full force and effect with the exception of these 4 1 scheduling modifications. 2 THE COURT: There are no exceptions after 3 December 31st? 4 MS. RADCLIFF: Correct, assuming that there 5 has not been any default on compliance. 6 THE COURT: Ms. Saylor, is that the agreement 7 reached? 8 MS. SAYLOR: It so is, Your Honor. 9 THE COURT: Ms. Yohe, did you hear the terms 10 articulated by Ms. Radcliff? 11 MS. YOHE ROTZ: Yes. 12 THE COURT: And you agree to them? 13 MS. YOHE ROTZ: Yes. 14 THE COURT: Mr. Yohe? 15 MR. YOHE: Yes, sir. 16 (The following Order was entered by the 17 Court:) 18 WAND NOW, this 4th day of October, 2010, upon 19 agreement of the parties, the stipulation articulated is 20 adopted as an Order of Court." 21 THE COURT: To both of you, your children 22 deserve better than this. If you keep changing your mind on 23 custody -- there are enough ot her things to fight about. 24 Don't fight 25 about your kids. They really do deserve to have two parents 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that get along as far as they' re concerned. All right. We' ll sign that Order and get it out to counsel. MS. RADCLIFF: Thank you, Your Honor. MS. SAYLOR: Thank you, Your Honor. (The proceeding was concluded. 6 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. Susan Rice Stoner Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. is/~ l~ Date Edward E. Guido, J. 7 NATHANIEL S. YOHE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2007-5277 CIVIL TERM SARAH M. YOHE, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 4th day of October, 2010, upon agreement of the parties, the stipulation articulated is adopted as an Order of Court. ane Attorn ~lizab Attorn srs G. Radcliff, Esquire ey for Plaintiff eth J. Saylor, Esquire ey for Defendant By the Court, Edward E. Guido, J. n ~ /` Y ~, ( D ~0" ~~ ,~, -~~ -~~ ~~~~ ~~ ~ ~, ~~ _~ .-~ .~ ~- ~w ~~, ~~ ti ~' ° , ~~ ~ . ~ ~~ 't F{tiE0-OFF{CE C~ TH£ PRAT{-{QP~bTA~'~' 2Q1Q QCl' -8 AM & ~:3 ~'UME3~RLAtdq CQUN i ~' f'ENNSYLF~A~-:1.~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATHANIEL S. YOHE, Plaintiff N0. 2007-5277 V. CIViL ACTfON -LAW SARAH M. YORE, IN CUSTODY Defendant AFFIDAVI`~ OF ,~-000UNTABILITY OF SUPERVISORS WHEREAS, Plaintiff, Nathan S. Yohe, (hereinafter referred to as "Father") fs the Plaintiff in the above captioned case, the san of the undersigned Affiants, and the father of the followfng minor children (hereinafter referred to as "the ehiidren") NAME AGE DATE OF BIRTH Patience M. Yohe 12 11 /27/1997 Caleb M. Yohe 8 11 /29!2001 WHEREAS, Elwood J. Yohe, Sr. and Helen Arlene Yohe, (hereinafter referred to as "the Affiants"} are the parents of Father and the paternal grandparents of the Children. WHEREAS, on October 4, 2010 an Order of Court was entered by the Honorable Edward E. Guido, requiring that during the period from October 9, 2040 through December 24, 2010 Father's exercise of his physical custody rights of the Children be supervised by the Affiants and that this Affidavit of Accountability be executed by the Affiants. WHEREAS, the Affiants are aware that circumstances have been alleged which may have prompted the requirement of supervised visitation. 1 NOW THEREFORE, inconsideration of the premises, and intending to be legally bound hereby, the Affiants being duly sworn according to taw, depose and say that 1. We agree to be fully accountable to the Court as a supervisor of Father's exercise of his physical custody rights of the Children as required by the Order of Court dated October 4, 2010. 2. We agree to abide by and fulfill the following requirements and conditions of the role of supervisor: a. During Father's exercise of hts physical custody rights of the Children, i/We will monitor Father's continued abstinence from alcohol. b. I/We will not permit Father to exercise his physical custody rights of the Children white under the influence of alcohol, regardless of whether or not he is intoxicated. G. 1lWe will not permit Father to drive a motor vehicle with the Children present in that motor vehicle and will provide alt of the transportation required for Father's exercise of his custody rights of the Children. d. I/We wilt accompany Father and the Children on any and all excursions, no matter how short or tong in duration, if such excursions are permissible in this case. e. 1/We watt make prompt notations of any behavior of Father which we believe to be harmful to the best interest of the Children including but not limited to any consumption of alcohol, and wilt make a prompt report of those observations to counsel for both parties. 3. The period of our Supervision as required by the Order of Court dated October 4, 2010 shalt remain in full force and effect until 7:00 p.m. on December 24, 2010, 4. I/We are aware that we may be found in contempt of court if we do not comply with the requirements of a supervisor as set forth above. 5. I/We are aware that if we are found in contempt of court for failing to abide by the requirements of a supervisor we may be fined or incarcerated or both. 2 6. 11We understand that Elute cannot delegate our responsibilities as asupervisor to ~'~ anyone else without the prior approval of the Court. WETNESS: AFFEANTS LW~OD J. YOHE, S . 135 South Side OriveLNewville. PA 17241 Address 717-486-446$ Telephone ~. ELE ARLENE YU E 135 South Side Drive Newville, PA 17241 Address 717-486-4468 Telephone Sworn to and subscribed before me this ,_,-,~ day of Notary Public 2a1 a. ,: 1Mo1MIN~N KristM ~ Novey'rrMa ~. Mi •ai~1011, Cusn~E~tnd COYIt~ My ComnNwion Ex/ilrs ~MlE~14 My Commission Expires: ~ l l~ I~~~ 3 F1 LED- OFFIO[E `- THE P".J',`.N", .,, Pleading Petition for Emergency Special Relief Prepared and Submitted by: Diane G. Radcliff, Esquire Assigned Judge: The Honorable Edward E. Guido Attorney for Plaintiff Diane G. Radcliff, Esquire, 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradcliffCcDcomcast.net Phone: 717-737-0100 Fax: 717-975-0697 Supreme Court ID # 32112 Attorney for Defendant Elizabeth J. Saylor, Esquire The Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 100 Mechancsburg, PA 17050 Email: lsaylor p1r.com Phone: 717-591-1755 x 102 Fax: 717-591-1756 Supreme Court ID #200139 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATHANIEL S. YOHE, Plaintiff NO. 2007-5277 V. SARAH M. YOHE, Defendant CIVIL ACTION-LAW IN CUSTODY PLAINTIFF'S PETITION FOR EMERGENCY SPECIAL RELIEF AND NOW, comes the Petitioner, Nathaniel S. Yohe, by his attorney, Diane G. Radcliff, Esquire, and files the above referenced Petition, and represents that: PROCEDURALBACKGROUND 1. This is a custody case. This Petition involves a request for an -2- Emergency Order arm-4- QCP a c tit Sb 042( agbq requiring the children's attendance at the schools they attended prior to Defendant's recent move from her prior residence. 2. The following Judge was previously assigned to this and any companion cases: The Honorable Edward E. Guido. 6. The most recent Custody Order was entered by the Honorable Edward E. Guido on October 4, 2010, (hereinafter referred to as the "10/4/10 Order"). A true and correct copy of the 10/4/10 Order is attached hereto, marked Exhibit "A" and made a part hereof. 7. Immediately prior to this filing Father filed a Petition to Modify the 10/4/10 Order in which he is seeking primary physical custody of the Children. The conciliation conference has not yet been scheduled and it may be several weeks before this conciliation is held. 8. Because of the emergency that exists and the likelihood that the parties will be unable to resolve their custodial differences through conciliation, Vother is requesting that the issues raised in this Petition be heard and determined by the Court as soon as possible. 9. On July 29, 2011, Elizabeth J. Saylor, Esquire, Defendant's Attorney was asked to consent to the relief requested in this Petition, but no such consent was obtained within the limited time available for response given the emergency nature of this issue presented in this Petition. FACTS OF THE CASE 10. Your Petitioner is Nathaniel S. Yohe, (hereinafter referred to as "Father"), and is the Plaintiff in the above captioned action. Father currently resides at 331 Fairview Street, Carlisle, PA 17015. 11. Your Respondent is Sarah M. Yohe (hereinafter referred to as "Mother"), and is the Defendant in the above captioned action. Mother currently resides at 484 North Mountain Road, Newville, PA 17241. 12. The parties are the parents of the following two (2) minor children, (hereinafter referred to as the "Children") who are the subject of the 10/4/10 Order: - 3 - NAME PLACE OF RESIDENCE AGE Y.O.B. Patience M. Yohe 331 Fairview Street 13 1997 Carlisle, PA 17015 and 484 North Mountain Road Newville, PA 17241 Caleb M. Yohe 331 Fairview Street 9 2001 Carlisle, PA 17015 and 484 North Mountain Road Newville, PA 17241 13. Prior to residing at 484 North Mountain Road, Newville, PA, Mother resided at 7 Clugston Road, Newville, PA and 123 Spruce Street, Carlisle, PA (hereinafter referred to as "Mother's Prior Residence"). 14. Based on Mother's Prior Residence, the Children attended the following schools during the 2010-2011 school year: (a) Patience M. Yohe: Big Spring Middle School, Big Spring School District; (b) Caleb M. Yohe: Oak Flat Elementary School, Big Spring School District. 15. Based on Mother's relocation the children would be attending the following schools for the 2011-2012 school year: (a) Patience M. Yohe: Big Spring High Schoo, Big Spring School District; (b) Caleb M. Yohe: Newville Elementary School, Big Spring School District. 16. To enable the Children to continue to attend their prior schools referenced in paragraph 14 above, Father entered into a contract to purchase Mother's Prior Residence located at 7 Clugston Road, Newville, PA and is scheduled to settle on that purchase on or before September 1, 2011. 17. Mother did not seek nor obtain the permission of father nor the Court to relocate the Children as required by 23 Pa.C.S.A. 5322. -4- 18. Mother did not seek nor obtain the permission of Father to change the school for the child, Caleb M. Yohe, which is a legal custody decision that was required to be made jointly by the parties. 19. Father believes it would be in the Children's best interest to continue to attend their former schools. 20. An emergency exists because the school year is to begin on August 30, 2011 and this decision needs to be made prior to that date. 21. Father has incurred counsel fees and costs in brining this action and claim is made therefor. WHEREFORE, based on the foregoing, Father respectfully requests this Honorable Court to enter an Order: (A) Directing that the Children attend the following schools; (B) Awarding Father counsel fees and costs incurred by him in brining this Petition; (C) For such other and further relief as the Court may deem appropriate. Respectfully submitted, MIVE`f?- ADCLIFF, ESQUIRE e Road Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Petitioner - 5 - VERIFICATION Nathaniel S. Yohe verifies that the statements made in this Petition are true and correct. Nathaniel S. Yohe understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: !o I Nathaniel S. Yohe, titioner -4- CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Elizabeth J. Saylor, Esquire The Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 100 Mechancsburg, PA 17050 (Counsel for Respondent/Defendant) I ri? SQUIRE ((At rj?Re o 32112) 3448Camp Hill, PA 17011 Email: dianeradcliff(cDcomcast.net Phone: (717) 737-0100 Fax: (717) 975-0697 Counsel for Petitioner Dated: 21-51 -7- EXHIBIT "A" 10/4/2010 ORDER -8- NATHANIEL S. YORE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-5277 CIVIL TERM SARAH M. YOHE, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 4th day of October, 2010, upon agreement of the parties, the stipulation articulated is adopted as an Order of Court. By the Court, fF .. Edward E. Guido, J. ane G. Radcliff, Esquire ttorney for Plaintiff Elizabeth J. Saylor, Esquire Attorney for Defendant srs NATHANIEL S. YOHE, Plaintiff v SARAH M. YOHE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5277 CIVIL TERM IN CUSTODY TRANSCRIPT OF PROCEEDINGS IN RE: STIPULATION Proceedings held before the HONORABLE EDWARD E. GUIDO, J. Cumberland County Courthouse, Carlisle; Pennsylvania on Monday, October 4, 2010, in Courtroom No. 3 APPEARANCES: MANE G. RADCLIFF, Esquire Attorney for Plaintiff ELIZABETH J. SAYLOR, Esquire Attorney for Defendant 1 THE COURT: Good afternoon. I understand the 2 parties have reached an agreement. 3 MS. RADCLIFF: Yes, Your Honor. This is the 4 matter of Nathaniel S. Yohe v. Sarah M. Yohe. We're in 5 court on an emergency petition that had been filed by Sarah 6 Rotz. Pardon me. I said Yohe. Her new name is Rotz. 7 She's formerly Sarah M. Yohe. We are pleased to advise the 8 Court that an agreement has been reached, which I will give 9 you the terms, if that is okay with you. 10 THE COURT: That works for me. 11 MS. RADCLIFF: The Order of Court that was 12 previously entered on July 30, 2010, shall be in full force 13 and effect, except as follows: 14 THE COURT: These guys are frequent flyers. 15 They are in court every other month. Are you saying January 16 30th, 2010? 17 MS. RADCLIFF: No, July 30, 2010. That was 18 the Order that was entered as a result of conciliation. You 19 may :look at mine. I can get it on-line. 20 THE COURT: Then there was another 21 conciliation scheduled? 22 MS. RADCLIFF: There is another conciliation 23 scheduled after this on October 12th. 24 THE COURT: Does that resolve that? 25 MS. SAYLOR: No, Your Honor, only as to 2 1 contempt issues that we wanted to address. 2 THE COURT: Okay. Go ahead. 3 MS. RADCLIFF: As pertains to the schedule 4 for the son, Caleb, father shall have supervised visitation 5 of Caleb during the following times: 6 On October 9th, 2010, which is a Saturday, 7 from 10:00 a.m. until 7:00 p.m. 8 On Saturday, October 23rd, 2010, from 10:00 9 a.m. to 7:00 p.m. 10 On Sunday, October 24th, 2010, from 10:00 11 a.m. to 7:00 p.m. 12 On November 5th, 2010, at 7:00 p.m. until 13 November 7th, 2010, at 7:00 p.m. 14 On November 19th, 2010, at 7:00 p.m. until 15 November 21st, 2010, at 7:00 p.m. 16 On December 3rd, 2010, at 7:00 p.m. until 17 December 10th, 2010, at 7:00 p.m. 18 On December 17th, 2010, at 7:00 p.m. until 19 December 24th, 2010 at 7:00 p.m. 20 -For each of those periods, father's 21 visitations will be supervised by his parents. Before any 22 such visitation shall take place, the parents shall sign an 23 accountability statement binding them to this Order and 24 binding them to supervise that visitation, which 25 accountability statement will be filed with the Court. 3 1 During the time period that father's 2 visitation is supervised, he shall provide, through counsel, 3 a statement from his military outpatient treatment 4 indicating that he is in compliance. In the event that 5 statement indicates that he is not in compliance, his 6 visitation rights with his son shall be suspended pending 7 further Order of Court. 8 By stating that --- and this doesn't go into 9 the agreement -- we're not stating he can't have visitation 10 rights but that a motion would have to be filed in order to 11 have some. 12 For purposes of each of the visitation 13 periods indicated, the grandparents, meaning father's 14 parents, shall provide the transportation, and the exchanges 15 shall be made at the regular exchange point the parties 16 previously agreed. 17 Commencing with the week of December 31st, 18 2010, and on alternating weeks thereafter, father shall 19 return to his regular alternating week schedule, running 20 from Friday at 7:00 p.m. until Sunday at 7:00 p.m., and 21 those visitation rights will not be supervised. 22 THE COURT: So, after December 31st, the 23 Order of July 30 will go into full force and effect? 24 MS. RADCLIFF: Well, it is still going to be 25 in full force and effect with the exception of these 4 1 scheduling modifications. 2 THE COURT: There are no exceptions after 3 December 31st? 4 MS. RADCLIFF: Correct, assuming that there 5 has not been any default on compliance. 6 THE COURT: Ms. Saylor, is that the agreement 7 reached? 8 MS. SAYLOR: It so is, Your Honor. 9 THE COURT: Ms. Yohe, did you hear the terms 10 articulated by Ms. Radcliff? 11 MS. YOHE ROTZ: Yes. 12 THE COURT: And you agree to them? 13 MS. YOHE ROTZ: Yes. 14 THE COURT: Mr. Yohe? 15 MR. YOHE: Yes, sir. 16 (The following order was entered by the 17 Court:) 18 "AND NOW, this 4th day of October, 2010, upon 19 agreement of the parties, the stipulation articulated is 20 adopted as an Order of Court." 21 THE COURT: To both of you, your children 22 deserve better than this. If you keep changing your mind on 23 custody -- there are enough other things to fight about. 24 Don't. fight 25 about your kids. They really do deserve to have two parents 5 1 that get along as far as they're concerned. 2 All right. We'll sign that Order and get it 3 out to counsel. 4 MS. RADCLIFF: Thank you, Your Honor. 5 MS. SAYLOR: Thank you, Your Honor. 6 (The proceeding was concluded.) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 CERTIFICATION' I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. Susan Rice Stoner Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. /6A-//o Date Edward E. Guido, J. 7 I FILED-0 F;C=. CF THE X 11 At, CLIMBEBL ; Pleading Custody Modification Petition Prepared and Submitted by: Diane G. Radcliff, Esquire Assigned Judge: The Honorable Edward E. Guido Attorney for Plaintiff Attorney for Defendant Diane G. Radcliff, Esquire, Elizabeth J. Saylor, Esquire 3448 Trindle Road 5006 E. Trindle Road Suite 100 Camp Hill, PA 17011 Email: dianeradcliff(@comcast.net Phone: 717-737-0100 a Fax: 717-975-0697 Mechancsburg, PA 17050 Email: lsaylor pjr.com Phone: 717-591-1755 a Fax: 717-591-1756 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATHANIEL S. YORE, Plaintiff NO. 2007-5277 V. SARAH M. YOHE, Defendant CIVIL ACTION-LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER DATED OCTOBER 4 2010 TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW, this Rtday of August, 2011, Nathaniel S. Yohe, the Petitioner, hereby petitions this Honorable Court for the modification of the Custody Order dated October 4, 2010, and respectfully represents that: 1. Your Petitioner is Nathaniel S. Yohe, residing at 331 Fairview Street, Carlisle, PA 17015, Cumberland County, Pennsylvania. Petitioner is hereinafter referred to as "Father". -2- J?pabagtoy 2. Your Respondent is Sarah M. Yohe, residing at 484 North Mountain Road, Newville, PA 17241. Respondent is hereinafter referred to as "Mother". 3. Mother and Father are the parents of two (2) minor children, to wit: Patience M. Yohe, age13 , (YOB 1997) and Caleb M. Yohe, age 9, (YOB 2001). Patience and Caleb are hereinafter referred to as "the Children". 4. On October 4, 2010 an Order of Court was entered pertaining to custody of the Children. The Order is hereinafter referred to as the "10/4/2010 Order". A true and correct copy of the 10/4/2010 Order is attached hereto, marked Exhibit "A" and made a part hereof. 5. In accordance with the terms of the 10/4/2010 Order the parties share legal and physical custody of the Children. 6. Father is seeking the modification of the 10/4/2010 Order. In support thereof, he alleges that the 10/4/2010 Order should be modified because: a. The child, Patience, wants to live primarily with Father. b. Father is better suited and able to provide for the best interest of the Children. 7. Father requests that the 10/4/2010 Order be modified to provide as follows: A. The parties will continue to have joint legal custody of the Children: B. Father should be granted primary physical custody of the Children, Patience M. Yohe and Caleb M. Yohe. C. Mother should be granted partial physical custody ofthe Children in accordance with a schedule to be established by the Court. - 3 - WHEREFORE, the Father/Petitioner respectfully requests this Honorable Court to modify the 10/4/2011 Order in accordance with the requests of the Father/Petitioner. espectfully submitted, DI CLIFF, ESQUIRffl-( 34 Road Camp Hill, PA 1 7011 Phone: (717) 737-0100 Fax: (717) 975-0695 Supreme Court ID # 32112 Attorney for Petitioner -4- VERIFICATION Nathaniel S. Yohe verifies that the statements made in this Petition are true and correct. Nathaniel S. Yohe understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: Z(o 1I _ A.-J" ?Aza- Nathaniel S. Yohe, titioner CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Elizabeth J. Saylor, Esquire The Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 100 Mechancsburg, PA 17050 (Counsel for Respondent/Defendant) \ DI CLIFF, ESQUIRE (At ney gistration No 32112) 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradcliff(@comcast.net Phone: (717) 737-0100 Fax: (717) 975-0697 Counsel for Petitioner Dated: C, - 6 - 10/4/2010 CUISTODY ORDER NATHANIEL S. YORE, Plaintiff V. SARAH M. YOHE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5277 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 4th day of October, 2010, upon agreement of the parties, the stipulation articulated is adopted as an Order of Court. By the Court, Edward E. Guido, J. /ane G. Radcliff, Esquire orney for Plaintiff Elizabeth J. Saylor, Esquire Attorney for Defendant srs NATHANIEL S. YOHE, Plaintiff V. SARAH M. YOHE, Defendant IN CUSTODY TRANSCRIPT OF PROCEEDINGS IN RE: STIPULATION Proceedings held before the HONORABLE EDWARD E. GUIDO, J. Cumberland County Courthouse, Carlisle, Pennsylvania on Monday, October 4, 2010, in Courtroom No. 3 APPEARANCES: /IANE G. RADCLIFF, Esquire Attorney for Plaintiff ELIZABETH J. SAYLOR, Esquire Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5277 CIVIL TERM 1 THE COURT: Good afternoon. I understand the 2 parties have reached an agreement. 3 MS. RADCLIFF: Yes, Your Honor. This is the 4 matter of Nathaniel S. Yohe v. Sarah M. Yohe. We're in 5 court on an emergency petition that had been filed by Sarah 6 Rotz. Pardon me. I said Yohe. Her new name is Rotz. 7 She's formerly Sarah M. Yohe. We are pleased to advise the 8 Court that an agreement has been reached, which I will give 9 you the terms, if that is okay with you. 10 THE COURT: That works for me. 11 MS. RADCLIFF: The Order of Court that was 12 previously entered on July 30, 2010, shall he in full force 13 and effect, except as follows: 14 THE COURT: These guys are frequent flyers. 15 They are in court every other month. Are you saying January 16 30th, 2010? 17 MS. RADCLIFF: No, July 30, 2010. That was 18 the Order that was entered as a result of conciliation. You 19 may look at mine. I can get it on-line. 20 THE COURT: Then there was another 21 conciliation scheduled? 22 MS. RADCLIFF: There is another conciliation 23 scheduled after this on October 12th. 24 THE COURT: Does that resolve that? 25 MS. SAYLOR: No, Your Honor, only as to 2 1 contempt issues that we wanted to address. 2 THE COURT: Okay. Go ahead. 3 MS. RADCLIFF: As pertains to the schedule 4 for the son, Caleb,-father shall have supervised visitation 5 of Caleb during the following times: 6 On October 9th, 2010, which is a Saturday, 7 from 10:00 a.m. until 7:00 p.m. 8 On Saturday, October 23rd, 2010, from 10:00 9 a.m. to 7:00 p.m. 10 On Sunday, October 24th, 2010, from 10:00 11 a.m. to 7:00 p.m. 12 On November 5th, 2010, at 7:00 p.m. until 13 November 7th, 2010, at 7:00 p.m. 14 On November 19th, 2010, at 7:00 p.m. until 15 November 21st, 2010, at 7:00 p.m. 16 On December 3rd, 2010, at 7:00 p.m. until 17 December 10th, 2010, at 7:00 p.m. 18 On December 17th, 2010, at 7:00 p.m. until 19 December 24th, 2010 at 7:00 p.m. 20 -For each of those periods, father's 21 visitations will be supervised by his parents. Before any 22 such visitation shall take place, the parents shall sign an 23 accountability statement binding them to this order and 24 binding them to supervise that visitation, which 25 accountability statement will be filed with the Court. 3 1 During the time period that father's 2 visitation is supervised, he shall provide, through counsel, 3 a statement from his military outpatient treatment 4 indicating that he is in compliance. In the event that 5 statement indicates that he is not in compliance, his 6 visitation rights with his son shall be suspended pending 7 further Order of Court. 8 By stating that -- and this doesn't go into 9 the agreement -- we're not stating he can't have visitation 10 rights but that a motion would have to be filed in order to 11 have some. 12 For purposes of each of the visitation 13 periods indicated, the grandparents, meaning father's 14 parents, shall provide the transportation, and the exchanges 15 shall be made at the regular exchange point the parties 16 previously agreed. 17 Commencing with the week of December 31st, 18 2010, and on alternating weeks thereafter, father shall 19 return to his regular alternating week schedule, running 20 from Friday at 7:00 p.m. until Sunday at 7:00 p.m., and 21 those visitation rights will not be supervised. 22 THE COURT: So, after December 31st, the 23 Order of July 30 will go into full force and effect? 24 MS. RADCLIFF: Well, it is still going to be 25 in full force and effect with the exception of these 4 1 scheduling modifications. 2 'THE COURT: There are no exceptions after 3 December 31st? 4 MS. RADCLIFF: Correct, assuming that there 5 has not been any default on compliance. 6 THE COURT: Ms. Saylor, is that the agreement 7 reached? 8 MS. SAYLOR: It, so is, Your Honor. 9 THE COURT: Ms. Yohe, did you hear the terms 10 articulated by Ms. Radcliff? 11 MS. YOHE ROTZ: Yes. 12 THE COURT: And you agree to them? 13 MS. YOHE ROTZ: Yes. 14 THE COURT: Mr. Yohe? 15 MR. YOHE: Yes, sir. 16 (The following Order was entered by the 17 Court:) 18 "AND NOW, this 4th day of October, 2010, upon 19 agreement of the parties, the stipulation articulated is 20 adopted as an Order of Court." 21 THE COURT: To both of you, your children 22 deserve better than this. If you keep changing your mind on 23 custody -- there are enough other things to fight about. 24 Don't fight 25 about your kids. They really do deserve to have two parents 5 1 that get along as far as they 're concerned. 2 All right. We 'll sign that order and get it 3 out to counsel. 4 MS. RADCLIFF: Thank you, Your Honor. 5 MS. SAYLOR: Thank you, Your Honor. 6 (The proceeding was concluded.) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 CERTIFICATION' I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. Susan Rice Stoner Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. IbA-110 Date Edward E. Guido, J. 7 NATHANIEL S. YOHE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA "i Eno, --? _ 2007-5277 CIVIL ACTION LAW r -rte, SARAH M. YOHE IN CUSTODY C i --,. DEFENDANT ORDER OF COURT AND NOW, Thursday, August 11, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on __ Friday, September 23, 2011 at 9:00 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ hh-Q J. Mangan,-Jr., E _ Custody Conciliator I' The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accornmodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 r?- Copy (nail?C1 I/V ,/ pp? ,?a???PC? 710 yP / G F il7ri-OFFECF i' LAW OFFICES OF PETER J. RUSSO, P.C. d:. D ? HONOTA,S?'i BY: Peter J. Russo, Esquire ?rj I rtt'G 22 V i ' PA Supreme Court ID: 72897 ' i Fi;L?a??D COUNT Elizabeth J. Saylor, Esquire ^ lE R1 S Y LVr, ° J PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pjrlaw.com Email: lsaylor@pirlaw.com NATHANIEL S. YORE, : IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW V. : NO. 2007-5277 CIVIL TERM SARAH M. ROTZ (f/k/a YOHE), : Defendant : IN CUSTODY PETITION FOR COURT APPROVAL TO WITHDRAW AS COUNSEL FOR DEFENDANT AND NOW, comes The Law Offices of Peter J. Russo, P.C. (hereinafter "Counsel"), attorneys for the Plaintiff, Sara M. Rotz (f/k/a Yohe), and files this Petition for Court Approval to Withdraw, and in support thereof, states the following: 1. On or about March 6, 2009, counsel was retained by Ms. Rotz who has a mailing address of 484 North Mountain Road, Newville, Pennsylvania 17241. 2. Counsel has represented Ms. Rotz in the above captioned matter since that time. 3. A conciliation is scheduled for September 23, 2011, on Plaintiff's modification request filed on August 9, 2011. 4. A telephone conference is scheduled for August 25, 2011 with the Honorable Judge Guido on Plaintiff's emergency relief request, filed on August 9, 2011. 5. On Thursday August 18, 2011, Ms. Rotz informed the undersigned via telephone that she no longer wanted to be represented by the undersigned counsel in this matter due to financial reasons. 6. Ms. Rotz thereafter sent written confirmation of her aforementioned desire. A copy of the written correspondence is attached hereto and is incorporated herein as Exhibit "A". 7. Petitioner provided notice of the within petition on the party in the manner provided by Rule 440. A copy of the notice and the original certificate of service is attached hereto and incorporated herein as Exhibit "B". 5. Pursuant to Cumberland County Local Rule 208.3(a)(9), Diane G. Radcliff, Esquire has indicated via email that she has no opposition to counsel's request to withdraw. 6. Pursuant to Cumberland County Local Rule 208.3(a)(2), the Honorable Judge Edward E. Guido has previously ruled on this matter. WHEREFORE, the Law Offices of Peter J. Russo, P.C. respectfully requests this Honorable Court to grant its Petition to Withdraw as Counsel for Defendant in the above- captioned matter. Respectful) submitt , Date: LAW TER J. RUSSO, P.C. Petitioners Peter J. Russo, Esquire ID No. 72897 Elizabeth J. Saylor, Esquire ID No. 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: 717-591-1755 FX: 717-591-1756 EXHIBIT "A" 2011-08-19 13:52 FMC-Cumberland Cnty 717-240-2949 >> 75911756 P 1/1 EXHIBIT "B" LAW OFFICES OF PETER J. RUSSO, P.C. BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: pmsso@pjrlaw.com Email: lsa ly or@pjrlaw.com NATHANIEL S. YORE, : IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. : NO. 2007-5277 CIVIL TERM SARAH M. ROTZ (Vk/a YORE), : Defendant : IN CUSTODY To: Sarah M. Rotz 484 North Mountain Road Newville PA 17241 PLEASE TAKE NOTICE that the undersigned counsel is filing the attached petition to withdraw, its appearance as your counsel in the above stated matter. Law O i s o eter J. Russo, P.C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Peter J. Russo, Esquire I.D. No. 72897 Elizabeth J. Saylor, Esquire 0/ I.D. No. 200139 Date: 0_ I NATHANIEL S. YORE, Plaintiff V. SARAH M. ROTZ (Vk/a YOHE), Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-5277 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Derek M. Strouphauer, hereby certify that I am on this day serving a copy of the Notice of Petition for Court Approval to Withdraw as Counsel for Defendant upon the person and in the manner indicated below: US Mail addressed as follows: Date: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, Pennsylvania 17011 Sarah M. Rotz 484 North Mountain Road Newville PA 17241 M. Strouphauer, Paralegal NATHANIEL S. YOHE, : IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. : NO. 2007-5277 CIVIL TERM SARAH M. ROTZ (f/k/a YOHE), : Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Derek M. Strouphauer, paralegal, hereby certify that I am on this day serving a copy of the Petition for Court Approval to Withdraw as Counsel for Plaintiff upon the person(s) and in the manner indicated below: US Mail addressed as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, Pennsylvania 17011 Sarah M. Rotz 484 North Mountain Road Newville, Pennsylvania 17241 Date: R11 19 _ /??Zl I Strouphauer, NATHANIEL S. YORE, Plaintiff V. SARAH M. ROTZ (f/k/a YOHE), Defendant IN THE COURT OF COMMON PLE CUMBERLAND COUNTY, PENNS b& rn-`' rorn 50 CIVIL ACTION - LAW y o a ? NO. 2007-5277 CIVIL TERM i s '-., ? C-- ' --+' n IN CUSTODY IN RE: PETITION FOR COURT APPROVAL TO WITHDRAW AS COUNSEL FOR DEFENDANT ORDER OF COURT AND NOW, this a? day of 2011, upon consideration of the Petition for Court Approval to Withdraw as Counsel for Defendant, it is hereby ORDERED that a Rule is entered upon Plaintiff, Nathaniel S. Yohe and Defendant, Sarah M. Rotz to show cause why, if any, said petition shoull not be granted. Rule returnable days after service. T T, J. Distribution List: Mpa led ?OP? s p,6111 D ? Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, Pennsylvania 17011 Elizabeth J. Saylor, Esquire, Law Offices of Peter J. Russo, P.C., 5006 East Trindle Road, Mechanicsburg, Pennsylvania 17050 ,/ Sarah M. Rotz, 484 North Mountain Road, Newville, Pennsylvania 17241 NATHANIEL S. YOHE, Plaintiff V. SARAH M. YOHE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5277 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 25th day of August, 2011, after conference with counsel, the parties shall maintain Caleb in his same school until a full hearing on the merits. It shall be Father's responsibility to see that the child gets from Mother's current home to and from school on time each day. If this cannot be done, then the child may be enrolled in the elementary school that he would go to as a result of Mother's new residence. By the Court, Edward E. Guido, J. ""Diane G. Radcliff, Esquire Attorney for Plaintiff Elizabeth J. Saylor, Esquire Attorney for Defendant S??f srs V) Q ca rqco r b W 4 CD - ZCD n ? Z C:? Q> C J _<: t - =;J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATHANIEL S. YOHE, Plaintiff V. SARAH M. YORE, Defendant NO. 2007-5277 CIVIL ACTION-LAW xm = te -"'. r l, te -- IN CUSTODY r , C-) x a-" a D N) M -? -< en Re: Plaintiff's Motion for expedited hearing on Plaintiffs Petition for Emergency Special Relief AND NOW, this 3 ? day of, V , 2011, upon consideration of the within Motion, IT IS HEREBY ORDERED that a hearing on the issues raised in the Petition is scheduled for the ? day of 2011 at 7 30 o'clock A m. in Courtroom -3 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: I--- JUDGE DISTRIBUTION TO: /Attorney for Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Rd., Camp Hill, PA 17011 ? Attorney for Defendant: Elizabeth J. Saylor, Esquire, 5006 E. Trindle Road, Suite 100, Mechanicsburg, PA 17050 00P 10 MoLit 6I lplet ORIGINAL LAW OFFICES OF PETER J. RUSSO, P.C. BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com Email: prusso@pjrlaw.com Attorneys for Defendant NATHANIEL S. YOHE, Plaintiff V. SARAH M. ROTZ (f/k/a YOHE), Defendant M rn z z:?u -0 - yr tnr t o? ?° o = Xo C r. C M IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 2007-5277 CIVIL TERM : IN CUSTODY WITHDRAW OF APPEARANCE AS COUNSEL TO THE PROTHONOTARY: Kindly withdraw my appearance as counsel on behalf of Sarah M. Rotz, (f/k/a Yohe), Defendant in the above captioned action. Respectfully Submitted, LAW OF F TE . RUSSO, P.C. Date: BY: _....? e er so, P.C. Law Of VquireW Pet er J. R EsPA Supreme Court ID: 72897 Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 ORIGINAL NATHANIEL S. YOHE, : IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. NO. 2007-5277 CIVIL TERM SARAH M. ROTZ (f/k/a YOHE), Defendant IN CUSTODY ENTRY OF APPEARANCE AS COUNSEL TO THE PROTHONOTARY: Kindly enter my appearance as counsel on behalf of Sarah M. Rotz, (f/k/a Yohe), Defendant in the above captioned action. Respectfully Submitted, p? GINGRICH, SMITH, KLINGENSMITH & DOLAN Date: BY: (" 011 410r?,' Julie M Cooper, Esquire Gingric , Smith, Klingensmith & Dolan PA Supreme Court ID: 81902 222 South Market Street Elizabethtown, PA 17022 C: c> C=D , ? -- := -.-1 Zm -O r D C'7 Z CJ ay ? r,- cn NATHANIEL S. YOHE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA n V. NO. 2007-5277 CIVIL TERM C rna33 (/'> SARAH M. YOHE, CIVIL ACTION - LAWS Syr- Defendant IN CUSTODY ?a N Ica r-x -+C? =p = 6C-) y c?ym ORDER OF COURT -?-{ x-n y AND NOW, this 1st day of September, 2011, o`ff- -< previous Order is amended to fill in the following pick-up and drop-off times at Mother's home: 1. The child shall be picked up at 8:30 a.m. 2. On Mondays, Wednesdays and Fridays, the child shall be returned by 5:00 p.m. 3. On Tuesdays and Thursdays, the child shall be returned right after school. In all other respects, our previous Order shall remain in full force and effect. By the Court, Edward E. Guido, J. ,/Diane G. Radcliff, Esquire Attorney for Plaintiff J Mp,; Julie M. Cooper, Esquire eop 11 Attorney for Defendant al??pX-d srs 3 NATHANIEL S. YORE, Plaintiff V. SARAH M. YORE, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5277 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this ? day of October 2011, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. This Order is entered pursu t k a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the T' day of , 2011at am#wr in Courtroom number 3 in the Cumberland CVunty Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Child. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 2. The prior Orders of Court dated August 25, 2011 and September 01, 2011 shall remain in full force and effect pending further Order of Court or mutual agreement of the parties. 3. Legal Custody: The Father, Nathaniel S. Yohe, and the Mother, Sarah M. Yohe, shall have shared legal custody of Patience M. Yohe, born 11/27/1997 and Caleb M. Yohe, born 11/29/2001. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 4. Physical Custody: Pending further Order of Court, Mother and Father shall arrange physical custody of the Children as follows: a. The parents shall share physical custody of both Children on a week on/ week off basis from Friday until the following Friday. Father's custodial week shall re-commence Friday 10/ 14/11. b. It is expressly understood that Mother shall give due consideration to Patience's desire or willingness to spend time with Mother (to what extent she would want to spend with Mother, whether every weekend or every other weekend or every other week). C. Pending further Order of Court, the Children shall remain in their current schools. Mother shall try to assist Father to the extent possible in getting the Children to school during her custodial week. d. The parties may alter the physical custodial schedule by mutual agreement. 5. Right of first refusal: In the event that the custodial parent should require a care- taker/babysitter (excluding regular day care and significant others) for the Children a period of time in excess of four hours, the custodial party shall first offer said opportunity to the non- custodial parent. 6. The non-custodial parent shall have liberal telephone/text/email contact with the Children on a reasonable basis. 7. Counseling: The parties have agreed to, and shall, engage in therapeutic family counseling, with a focus on co-parenting, with a mutually agreed upon professional. Additionally, the parties shall continue to engage Patience in individual counseling as necessary or proper pursuant to the recommendations of her counselor. Father has agreed to continue with his own individual counseling as well. It has been agreed that nothing discussed in counseling shall be utilized in litigation and that none of the professionals will provide testimony if a custody hearing is necessary in the future. 8. Holidays: The parties shall arrange a holiday schedule as attached unless otherwise mutually agreed upon. 9. Vacation: Each parent shall have two non-consecutive weeks of vacation with the Children per year. It is anticipated that once Father has returned to this jurisdiction and has independent adequate housing, there will be a week on, week off schedule; as such, each parent shall schedule vacation during their respective week of custody. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. 10. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 11. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. It is specifically directed that neither party shall discuss with the Children custody or child support issues. 12. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 13. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 14. Relocation: This Order based upon the Children's residence in Cumberland County. If either party intends to establish residency a greater distance from where they presently reside and said move would impact the parties' ability to exercise their respective custodial periods, he or she must give to the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the changed circumstances. In the event the parties are unable to reach an agreement, the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order. 15. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control By the-Court i Distribution: -? ? Diane Radcliff, Esquire -M: Julie Cooper, Esq., 222 S. Market St., Ste 201, Elizabethtown, PA 17022 l/ John J. Mangan, Esquire Co 'r S Ina. l e 10/1, 1>? HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Day 1St Half From 9 am until 3 m Father Mother Easter Day 2" Half From 3 m until 9 m Mother Father Memorial Da From 9 am until 9 m Mother Father Independence Day From 9 am until 9 pm Father Mother Labor Day From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1St Half From 8 am Thanksgiving Day to 2 m on Thanksgiving Day Father Mother Thanksgiving 2n half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Day Mother Father Christmas 1St Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2n Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January V t (with the 12/31 year to control the even/odd determination) Mother Father Mother's Da From 9 am until 9 pm Mother Mother Father's Day From 9 am until 9 m Father Father NATHANIEL S. YOHE, Plaintiff V. SARAH M. YOHE, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5277 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Patience M. Yohe 11/27/1997 Mother and Father Caleb M. Yohe 11/29/2001 Mother and Father 2. A Conciliation Conference was held with regard to this matter on May 05, 2009, an Order issued June 05, 2009, a conciliation conference was held June 26, 2009, an Order issued July 07, 2009, a conference was held June 15, 2010, an Order issued July 30, 2010, an Order issued October 04, 2010, an Order issued August 25, 2011, an Order issued September 01, 2011 a conference was held September 23, 2011 with the following individuals in attendance: The Mother, Sarah M. Yohe, with her counsel, Julie Cooper, Esq. The Father, Nathaniel S. Yohe, with his counsel, Diane Radcliff, Esq. 3. The Father's position on custody is as follows: Father would like primary custody of the Children and indicates Patience especially would like to primarily live with him. Father indicated that he would consider a shared situation with Caleb. Father's main concern is Mother's paramour and the paramour's relationship with the Children. Father has concerns about Mother's paramour's anger management. Father also has some problems in regard to transporting the Children to school. During his week, Caleb is able to ride the bus to school, but seeing that Father is currently Court ordered to transport the Children to school, even during Mother's week, this has been problematic as Father does not currently have a license. 4. Mother's position on custody is as follows: Mother is adamant that the current schedule not change and is satisfied with the shared situation with both kids. Mother indicates that any issues between her paramour and Patience have passed. Mother would like Caleb to attend Newville Elementary School. Mother indicates that she is not in a position to assist in transporting the Children to school, but indicates that if she is able to, she will try. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require one day. 6. The proposed recommended Order may contain a requirement that the parties file a pre- trial memorandum with the Judge to whom the matter has been assigned. /" ::Zk Date John gan, Esquir? Cus dy Conciliator t iLED-O A WL. N r ?, "5I3,"!- ! J li t t i PYO? - PM C_ s 5 P EJN, I y S `( ti a r n iN a L?s??fA ? t -7o _ V r C 06 5-k 0 ?6?01 Pleading Prepared and Submitted by: Motion for Expedited Hearing on Diane G. Radcliff, Esquire Plaintiff's Petition for Emergency Special Relief Supreme Court ID # 32112 Assigned Judge: The Honorable Edward E. Guido Attorney for Plaintiff Diane G. Radcliff, Esquire, 3448 Trindle Road Camp Hill, PA 17011 Email: di_a_neradcliff @comcast.net Phone: 717-737-0100 Fax: 717-975-0697 Attorney for Defendant Julie M. Cooper, Esquire Gingrich, Smith, Klingensmith & Dolan 222 S. Market Street, Suite 201 Elizabethtown, PA 17022 Email: JCOOPERCcDgskdlaw. com Phone (717) 367-1370 Fax (717) 367-3219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATHANIEL S. YOHE, Plaintiff NO. 2007-5277 V. SARAH M. YOHE, Defendant CIVIL ACTION-LAW IN CUSTODY CCRP RULE 208.2(d) and RULE 208.3(a) CERTIFICATION Re: Plaintiff's Petition for Emergency Special Relief I, Diane G. Radcliff, Esquire, hereby certify that: 1. The following judge or judges were previously assigned to this case and any companion -3- cases: The Honorable Edward E. Guido 2. The within Petition was prepared and is submitted by Diane G. Radcliff, Esquire, who will be representing the Petitioner, Nathaniel S. Yohe, in this matter. 3. The following attorneys have entered their appearances in this case: (a) Diane G. Radcliff, Esquire for Plaintiff; (b) Julie M. Cooper, Esquire for Defendant. 3. On October 31, 2011, Plaintiff-Petitioner's attorney contacted Defendant-Respondent's Attorney and asked her to concur with the relief requested in this Petition. Defendant- Respondent's Attorney advised that she would respond to the request for concurrence on on November 1, 2011. As of the date and time of this filing, that Plaintiff's concurrence has not been obtained. Because of the emergency nature of these proceedings, further contact could not be made. Dated: November 1, 2011 Respectfully, Submitted, DIA DCLIFF,-ESCIIRE (Su eme C rt ID No 32112) 3448 Trin e Road, Camp Hill, PA 17011 Email: dianeradcliff(cbcomcast.net Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Petitioner, Nathaniel S. Yohe -4- i=i+ F0-j9,',;r'7 Pleading Prepared and Submitted by: Motion for Expedited Hearing on Diane G. Radcliff, Esquire Plaintiff's Petition for Emergency Special Relief Supreme Court ID # 32112 Assigned Judge: The Honorable Edward E. Guido Attorney for Plaintiff Diane G. Radcliff, Esquire, 3448 Trindle Road Camp Hill, PA 17011 Email: d_aneradcliff(7.comcast. net Phone: 717-737-0100 Fax: 717-975-0697 Attorney for Defendant Julie M. Cooper, Esquire Gingrich, Smith, Klingensmith & Dolan 222 S. Market Street, Suite 201 Elizabethtown, PA 17022 Email: JCOOPERagskdlaw.com Phone (717) 367-1370 Fax (717) 367-3219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATHANIEL S. YOHE, Plaintiff NO. 2007-5277 V. SARAH M. YOHE, Defendant CIVIL ACTION-LAW IN CUSTODY PLAINTIFF'S PETITION FOR EMERGENCY SPECIAL RELIEF AND NOW, comes the Petitioner, Nathaniel S. Yohe, by his attorney, Diane G. Radcliff, Esquire, and files this Petition for Emergency Special Relief and respectfully represents that: Petitioner is Nathaniel S. Yohe, (hereinafter referred to as "Father"), and is the Plaintiff in the above captioned action. Father currently resides at 7 Clugston Road, Newville, PA. -5- 2. Respondent is Sarah M. Yohe, now by marriage Sarah M. Hurley, (hereinafter referred to as "Mother"), and is the Defendant in the above captioned action. Mother currently resides at 484 North Mountain Road, Newville, PA 17241. 3. The parties are the parents of the following two (2) minor children, (hereinafter referred to as the "Children") who are the subject of the 10/4/10 Order: NAME AGE Y.O.B PLACE OF RESIDENCE Patience M. Yohe 13 1997 Alternating weeks at the following residences: 7 Clugston Road, Newville, PA. 17241 484 North Mountain Rd Newville, PA 17241 Caleb M. Yohe 9 2001 Alternating weeks at the following residences: 7 Clugston Road, Newville, PA. 17241 484 North Mountain Rd Newville, PA 17241 4. The parties currently share custody on a week on week off basis. 5. Pursuant to Father's Petition for Modification filed on August 9, 2011, in which he is seeking primary custody of the children, a custody hearing has been scheduled before this Honorable Court on January 9, 2012. 6. The parties live in the same school district but have a different assigned elementary school. 7. The parties' child, Caleb M. Yohe previously and currently attends school at Oak Flats Elementary School, which is Father's assigned elementary school. 8. On August 25, 2011, this Honorable Court entered an Order of Court (hereinafter referred to as the "8/25/11 Order"), which directed that the parties' child, Caleb M. Yohe continue to be enrolled at and attend his prior elementary school, Oak Flats. Subject to the condition that Father provide the transportation during Mother's custodial weeks. A true and correct copy of the 8/25/11 Order is attached hereto, marked Exhibit "A" and made a part hereof. 9. On September 1, 2011, this Honorable Court entered an Order of Court (hereinafter referred to as the "9/1/11 Order"), which modified the August 25, 2011 Order of Court -6- to specify pick up and return times. A true and correct copy of the 9/1/11 Order is attached hereto, marked Exhibit "B" and made a part hereof. 10. Since the 8/25/11 Order and the 9/1/11 Order were entered, Mother married her boyfriend, Adam J. Hurley, with whom she resides. 11. Since the 8/25/11 Order and the 9/1/11 Order were entered, Father, who does not have a driver's license and who works on Wednesday, Thursday and Friday from 5:00 am to 3:30 p.m. has been providing the transportation during Mother's weeks on the following days and with the assistance of the following persons: A. Father's mother, Helen A. Yohe, has provided the transportation on Monday, Tuesday, and Thursday mornings; B. Mother's sister, Kelly S. Cornman, has provided the transportation on Monday, Tuesday and Thursday afternoons. C. Father's Wife, Megan K. Yohe, has provided the transportation on Wednesdays. D. Father's Father, Elwood J. Yohe, has provided the transportation on Fridays. 12. On Friday, October 28, 2011 at approximately 5:00 p.m., when father and his father, Elwood J. Yohe, were dropping off the child. Caleb M. Yohe, at Mother's home as required by the 8/25/11 Order as amended by the 9/1/11 Order, the said Adam J. Hurley ordered them off of his property and subsequently and without provocation physically attacked each of them and attempted to and did physical harm to them. 13. As a result of the action of Adam J. Hurley on October 28, 2011, the police advised Father that criminal charges will be filed against Adam J. Hurley. 14. When the spouse of Mother's sister, Kelly S. Cornman, found out about the criminal attack, he refused to permit his wife, Kelly S. Cornman, to continue to assist Father in the transportation, both of them fearing for her safety. 15. Father does not have a driver's licenses and Father's wife, mother and father are all employed and cannot provide the transportation for Father during Mother's alternating custody week on Monday, Tuesday and Thursday afternoons. 16. The child, Caleb Yohe, should not be forced to change schools because of the physical violence perpetrated by Mother's spouse, Adam J. Hurley. 17. The said Adam J. Hurley previously threatened Father with physical violence. -7- 18. The said Adam J. Hurley previously threatened to file unfounded criminal charges against Father. 19. The said Adam J. Hurley previously threatened Mother's parents with physical violence which resulted in the filing of criminal charges against him in 2010 as set forth in paragraph 18 (C) below. 20. Adam J. Hurley has a criminal history of criminal charges and/or convictions as follows: A. Cumberland County Common Pleas No. CP-21-CR-0002451-2010: Adam J. Hurley was charged with three (3) counts of DUI (M - 75 § 3802). A true and correct copy of the docket sheet for this pending DUI charge is attached hereto, marked Exhibit "C" and made a part hereof. [The docket indicates that there was a prior application for ARD filed on these charges. However, since the case is now scheduled fora non jury hearing on February 8, 2012, it is believed that the ARD Application was denied. ] B. Cumberland County Common Pleas No. CP-21-CR-0002134-2003: Pursuant to a guilty plea Adam J. Hurley was convicted of Disorderly Conduct 18 § 5503 - M3), Criminal Mischief (18 § 3304 - S) and Harassment (18 § 2709 - S). A true and correct copy of the docket sheet for this criminal conviction is attached hereto, marked Exhibit "D" and made a part hereof. C. Cumberland County Magisterial District No. MJ-09302-NT-0000011-2010: Pursuant to a guilty plea, Adam J. Hurley was convicted of Harassment (18 § 2709 §§ Al - S). A true and correct copy of the docket sheet for this criminal conviction is attached hereto, marked Exhibit "E" and made a part hereof. D. Cumberland County Magisterial District No. No. MJ-09302-NT-0000041-2007: Pursuant to a guilty plea, Adam J. Hurley was convicted of Public Drunkeness (18 § 5505 - S). A true and correct copy of the docket sheet for this criminal conviction is attached hereto, marked Exhibit "F" and made a part hereof. E. Cumberland County Magisterial District No. MJ-09302-NT-0000690-2003: Pursuant to a guilty plea, Adam J. Hurley was convicted of Bad Checks (18 § 4105 §§ Al - S). A true and correct copy of the docket sheet for this criminal conviction is attached hereto, marked Exhibit "G" and made a part hereof. F. Cumberland County Magisterial District No. MJ-09302-NT-0000483-2003: Adam J. Hurley was convicted of Purchase Etc of Alcohol by a Minor (18 § 6308 §§ Al - S). A true and correct copy of the docket sheet for this criminal conviction -8- is attached hereto, marked Exhibit "H" and made a part hereof. 21. Father cannot comply with the terms of the 8/25/11 Order and the 9/1/11 Order without a grant of the relief requested in this Petition. WHEREFORE, based on the foregoing, Father respectfully requests this Honorable Court to enter an Order for the following relief amending the 8/25/11 Order and the 9/1/11 Order as follows: 1. Directing Mother to provide the transportation in the afternoons on Monday, Tuesday and Thursday and pursuant thereto directing her to pick up the Child at Father's home at the designated exchange time. 2. Directing mother to be present for any of the afternoon custody exchanges that are to occur at her home, and if her work schedule does not permit her to be present at the proscribed times to modify the times so that they occur when she returns home from work, or in the alternative, directing her to pick up the child Caleb Yohe, at Father's home on her way home from work. 3. Prohibiting Mother's husband, Adam J. Hurley, from having any contact with Father and his transportation assistants, (Megan Yohe, Elwood Yohe, Helen Yohe and Kelly Cornman) at any of the transportation exchanges that occur at Mother's home and directing that if he is at the home at the time of those exchanges he is to remain inside the home until Father and/or his transportation assistants leave. 4. Prohibiting Mother from leaving the children in the care of her spouse, Adam J. Hurley without her direct supervision. Respectfully submitted, DIA . R DCLIFF, ESQUIRE 3q48 Trindl oad, Camp Hill, PA 17 1 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Petitioner -9- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities VERIFICATION I, DIANE G. RADCLIFF, ESQUIRE, verify the following statements are true and correct and 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: 1. I am the attorney of record for the Petitioner; 2. 1 emailed the following document to the petitioner on October 31, 2011. 3. On November 1, 2011, Petitioner acknowledged receipt of the foregoing document approved it And authorized me to sign it on his behalf. qX6NEE--G- ADCLIFF, S IRE Attorney for Nathaniel S. Yohe Date: November 1. 2011 -10- Date: November 1. 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATHANIEL S. YOHE, NO. 2007-5277 Plaintiff V. SARAH M. YOHE, IN CUSTODY Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day, November 1, 2011, serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail and Email Addressed as Follows: Julie M. Cooper, Esquire Gingrich, Smith, Klingensmith & Dolan 222 S. Market Street, Suite 201 Elizabethtown, PA 17022 CIVIL ACTION-LAW Service by Email to Julie M Cooper Esquire Addressed as Follows: JCOOPER(a7gskdlaw.com (Counsel for Respondent/Defendant) UI A CLIFF, ESQUIRE (A rney Regis ation No 32112) 3448 Trin oad Camp Hill, PA 17011 Counsel for Petitioner Dated: November 1, 2011 - 11 - EXHIBIT "A" 8/25/2011 ORDER NATHANIEL S. YOHE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-5277 CIVIL TERM SARAH M. YOHE, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 25th day of August, 2011, after conference with counsel, the parties shall maintain Caleb in his same school until a full hearing on the merits. It shall be Father's responsibility to see that the child gets from Mother's current home to and from school on time each day. If this cannot be done, then the child may be enrolled in the elementary school that he would go to as a result of Mother's new residence. By the Court, Edward E. Guido, J. **"Diane G. Radcliff, Esquire Attorney for Plaintiff Elizabeth J. Saylor, Esquire C •• g Attorney for Defendant OW srs ?x a o0 n C) EXHIBIT "B" 9/1/11 ORDER NATHANIEL S. YORE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. C7 NO. 2007-5277 CIVIL TERM C 3 N O C? SARAH M. YOHE, mco CIVIL ACTION - LAWS N o 2-n -O? Defendant IN CUSTODY ?r ;0 v %_0 -Z o _r xo = x- ORDER OF COURT y. nm -.i stt y AND NOW, this 1st day of September, 2011-,<o&:' previous Order is amended to fill in the following pick-up and drop-off times at Mother's home: 1. The child shall be picked up at 8:30 a.m. 2. On Mondays, Wednesdays and Fridays, the child shall be returned by 5:00 p.m. 3. On Tuesdays and Thursdays, the child shall be returned right after school. In all other respects, our previous Order shall remain in full force and effect. ? Diane G. Radcliff, Esquire Attorney for Plaintiff Julie M. Cooper, Esquire Attorney for Defendant By the Court, <; 7 Edward E. Guido, J. e 1 Mai /d/ a srs EXHIBIT "C" CP-21 -CR-0002451-201 0 DOCKET SHEET Commonwealth of Pennsylvania V. Adam J. Hudev Cross Court Docket Nos: CR-0000038-10 Judge Assigned: OTN: L5410812 Initial Issuing Authority: Vivian J. Cohick Arresting Aaencv: Newville Borough, Police Dept Case Local Number Tvoe(s) Date Filed: 08/27/2010 Initiation Date: 02/17/2010 Lower Court Docket No: CR-0000038-10 Final Issuing Authority: Vivian J. Cohick Arresting Officer: Affiant Case Local Number(s) Page 1 of 5 Case Status: Active Status Date Processina Status Arrest Date: 02/17/2010 05/19/2011 Awaiting Pre-Trial Conference 03/31/2011 Awaiting Formal Arraignment 02/23/2011 Awaiting ARD Hearing 02/23/2011 Awaiting ARD Court 01/19/2011 Awaiting ARD Hearing 01/19/2011 Awaiting ARD Court 08/27/2010 Awaiting Formal Arraignment 08/27/2010 Awaiting Filing of Information 08/27/2010 Awaiting ARD Hearing Complaint Date: 03/12/2010 Case Calendar Event Schedule Start Room Judge Name Schedule Type Start Date Time Status Formal Arraignment 12/02/2010 9:00 am 4th Floor Scheduled ARD Court 0_2/23/2011 9:00 am Courtroom 1 Judge M. L. Ebert Jr. Moved ARD Court 03/30/2011 9:00 am Courtroom 1 Judge M. L. Ebert Jr. Cancelled Formal Arraignment 05/19/2011 9:00 am Jury Assembly Scheduled Room Pre-Trial Conference 07/14/2011 9:00 am 4th Floor Moved Pre-Trial Conference 08/18/2011 9:00 am 4th Floor Scheduled Trial 08/29/2011 9:00 am 4th Floor Scheduled Non-Jury Trial 1010412011 3:00 pm Courtroom 2 Judge M. L. Ebert Jr. Scheduled Date Of Birth: 08/03/1984 City/State/Zip: Carlisle, PA 17013 Printed: 10/31/2011 Recent entries made in the court filing offices may not be Immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket Number: CP-21 -CR-0002451-201 0 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania Page 2 of 5 V. Adam J. Hurley Participant Tvoe Name Defendant Hurley, Adam J. Hurley, Adam J. _ Nebbia Status: None Bail Action Date Bail Type Percentaae Amount Bail Postina Status Posting Date set 08/26/2010 ROR $0.00 Posted 08/26/2010 Sea. Oria Sea. Grade Statute Statute Description Offense Dt. OTN 1 1 M 75 § 3802 §§A1' DUI: Gen Imp/Inc of Driving Safely - 1st 02/17/2010 L5410812 Off 2 2 M 75§ 3802 §§B' DUI: High Rte of Alc (Bac.10 - .16) 1 st 02/17/2010 L5410812 _ Off 3 3 M 75 § 3802 §§D1 I!!- _ DUI: Controlled Substance - Metabolite - 02/17/2010 L5410812 1st Offense Disposition Case Event Disposition Date Final Dis osition Seauence/Desciiotion Offense Disposition Grade Section Sentencing Judge Sentence Date Credit For Time Served Sentence/Diversion Proaram Type Incarceration/Diversionary Period Start Date Sentence Conditions Linked Offense - Sentence Link Twe Linked Docket Number Lower Court Proceeding (generic) Lower Court Disposition 08/26/2010 Not Final 1 / DUI; Gen Imp/Inc of Driving Safely - 1st Off Waived for Court (Lower Court) M 75§3802§§A1' 2 / DUI: High Rte of Alc (Bac.10 - .16) 1 st Off Waived for Court (Lower Court) M 75§3802§§B' 3 / DUI: Controlled Substance - Metabolite - 1st Waived for Court (Lower Court) M 75§3802§§D1 iii' Offense Proceed to Court Information Filed - 04/05/2011 Not Final 't/ DUI: Gen Imp/Inc of Driving Safely -1st Off Held for Court M 75§3802§§A1' 21 DUI: High Rte of Alc (Bac.10 -.16) 1 st Off Held for Court M 75§3802§§B' 3 / DUI Controlled Substance - Metabolite - 1st Held for Court M 75§3802§§D1 iii' Offense - - LLN - K" l wjl lzul l Printed: 10/31/2011 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for Inaccurate or delayed .:data, errors or omissions on these reports. Docket Sheet Information should not be used in place of a criminal history background check which can ` ,-only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. c H COURT OF. COMMON PLEAS OF CUMBERLAND COUNTY Docket Number: CP-21-CR-0002451-2010 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania V. Page 3 of 5 Adam J. Hurley Name-.Emily Ruth Pmvencher Name: Paul Orr, Esq. District Attorney Private Supreme Court No: -' 309804 Supreme Court No: 071786 Phone Number(s): Rep. Status: Active Phone Number(s): Address: (717) 258-8558 (Phone) Cumberland CO Da's Ofc (717) 258-5289 (Fax) 1 Courthouse Sq Address: ° Carlisle PA 17013 50 E High St Carlisle PA 17013 Name':'--' Cumberland County District Attorney's Representing: Hurley, Adam J. Office Prosecutor Supreme Court No: Phone Number(s): (717) 240-6210 (Phone) Ad re s: One Courthouse?_Square _Carlisle PA, -17013 Seauence Number CP Filed Date Document Date Filed By 1 _ 08/27/2010 Court of Common Pleas - Cumberland County Original Papers Received from Lower Court 1 01/26/2011 Court of Common Pleas - Cumberland s County Penalty Asse sect 1 03/29/2011 Hurley, Adam J. Penalty Satisfied 2 03/31/2011 Court of Common PI C b ri d I I` 1 P eas - um a an County Notice to appear for formal arraignment on 5/19/2011 at 9:00 AM copies delivered /mailed by court admin 1 04/05/2011 Commonwealth of Pennsylvania Information Filed - Printed: 10/31/2011 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can `only,be provided.by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth In 18 Pa.C.S. Section 9183. r COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket Number, CP-21-CR-0002451-2010 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania Page 4 of 5 V. Adam J. Hurley §g?uence Number CP Filed Date Document Date Filed By 1 05/19/2011 Orr, Paul Entry, of Appearance 2 05/19/2011 Orr, Paul Acknowledgment of Arraignment, filed. You and your attorney are directed to appear 7/14/11 at 9:00 AM for PTC and to appear 7/25/11 at 9:00 AM for Trial. 1 06124/2011 Orr, Paul Motion for Continuance, Filed. 1 06/2712011 Ebert, M. L. Jr. Order of Court, filed 6/27/11. In re: Motion for Continuance The defendant is directed to appear for a pre-trial conference on 8/18/11 at 9:00 am and for trial on 8/29/11 at 9 am. <6/27/11 copies-milled/delivered 2 08118/2011 Hess, Kevin A. Pre-Trial Conference Order of Court, Filed 8/18/11. In Re: For Trial The Def. is to appear for trial on 8/29/11, at 9:00am, and to remain until excused. 1 08/31/2011 Ebert, M. L. Jr. Order of Court, filed 8/31/11. In re: Non-Jury Trial It is"hereby ordered and directed that the Non-Jury trial will be held on 10/4/11 at 3:00 pm in ctrm. 2. 9/1/11copies mailed/delivered - 1 10/04/2011 Ebert, M. L. Jr. Order of Court, flied 10/4/11. In re: Non-Jury Trial It is hereby ordered and directed that a Non-Jury trial will now be held on 2/8/12 at 1:30 pm in ctrm. 2. 10/5/11 copies mailed/delivered -.. AoPC 2220 - Rev 10/31/2011 Printed: 1013112011 Recent entries made In the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed ,,data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. s ;i ;COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . Docket Number: CP-21-CR-0002451-2010 CRIMINAL DOCKET' Court Case Commonwea lth of Pennsylvania v. Page 5 of 5- Adam J. Hurle Fast Payment Dater Total of Last Payment: Hurley, Adam J. Assessment Payments Adiustments Non Monetarv Total Defendant Payments Costs/Fees Alcor-Blood (Carlisle) (Cumberland) $150.00 $0.00 $0.00 - $0.00 $150.00 Court Costs - Other (Cumberland) : $186.00 $0.00 $0.00 - ' $0.00 $186.00 Sheriff Costs:(Gumberiand) $49.32 $0.00 $0.00 $0.00 $49.32 Costs/Fees Totals: $385.32 $0.00 $0.00 $0.00 $385.32 Grand Totals: $385.32 $0.00 $0.00 $0.00 $385.32 Aare: 2220 -Rea 10/31/2017 - Printed: 10/3112011 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, eeors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can * only tie provided bjr the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act maybe subject to civil liability asset forth in 18 Pa.C.S. Section 9183. EXHIBIT "D" CP-21-CR-0002134-2003 DOCKET SHEET COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Commonwealth of Pennsylvania V. Cross Court Docket Nos: Judge Assigned: Hess, Kevin A. Date Filed: 10/06/2003 Initiation Date: 10/06/2003 Page 1 of 7 OTN: H2965071 Lower Court Docket No: CR-0000121-03 Initial Issuina Authority: Final Issuina Authority: Helen B. Shulenberger Arrestina Aaency Carlisle Psp Arresting Officer: Styers, Gregory A. Case Local Number Type(s) Case Local Number(s) Legacy Docket Number 2003-2134 Case Status: Adjudicated Status Date Processina Status Arrest Date: 09/15/2003 01/15/2004 Awaiting Sentencing 01/15/2004 Sentenced/Penalty Imposed 01/06/2004 Awaiting Plea Court 11/25/2003 Awaiting Pre-Trial Conference 11/24/2003 Awaiting Formal Arraignment 11/24/2003 Awaiting Pre-Trial Conference 11/19/2003 Awaiting Formal Arraignment 10/06/2003 Migrated Case Complaint Date: 08/08/2003 Case Calendar Event Schedule Start Room Judge Name Schedule Tvoe Start Date Time status Formal Arraignment 11/25/2003 9:00 am Jury Assembly Judge Kevin A. Hess Scheduled Room Pre-Trial Conference 01/06/2004 8:30 am 4th Floor Scheduled Trial 01/20/2004 8:30 am 4th Floor Scheduled Date Of Birth: 08103/1984 City/State/Zip: Carlisle, PA 17013-0000 Participant Type Name Defendant Hurley, Adam J. AUM; !!!U - KeV 10/312011 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for Inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Printed: 10/31/2011 ^COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket Number: CP-21-CR-0002134-2003 CRIMINAL DOCKET Court Case - Commonwealth of Pennsylvania Page 2 of 7 V. Adam J Hurley Hurley, Adam J. Nebbla Status: None Bail Action Date Bail Type Percentage Amount s Bail Posting Status Posting Date Set 09/15/2003 Unsecured $5,000.00 Posted 09/15/2003 Sea. Orig Sea. Grade Statute Statute Description Offense Dt. OTN 1 1 M3 18 § 5503 §§A Disorderly Conduct 08/05/2003 H2965071 2 2 M2 18 § 2701 §§A3 Simple Assault 08/05/2003 H2965071 W3 3 F2 - 18 § 3503 §§A111 Crim Tres-Break Into Structure 08/05/2003 H2965071 4 4 S 18 § 3304 §§A3 Crim'I Misch-Another Pecun Loss 08/05/2003 H2965071 5 5 S 18 § 2709 §§A1 Harassment/Strike, Shove, Kick, Etc. 08/05/2003 H2965071 6 6 18 § 3502 §§A Burglary Disposition Case Event SeaUence/Description Sentencina Judae Sentence/Diversion Program Type Sentence Conditions Linked Offense - Sentence Proceed to Court Information Filed 6 / Burglary Gui* PJea Plea Court 1 / Disorderly Conduct Guido, Edward E. Probation 08/05/2003 H2965071 Disposition Date Final Disposition Offense Disposition Grade Section Sentence Date Credit For Time Served Incarceration/Diversionary Period Start Date Link Type 11/19/2003 Dismissed by Information 01/06/2004 Guilty Plea 01/08/2004 12.00 Months Length of Term Linked Docket Number Not Final 18§3502§§A Final Disposition M3 18§5503§§A 01/08/2004 2 / Simple Assault Quashed M2 18§2701§§A3 AOPC 2220 Rev 10/3112011 Printed: 1013112011 Recent entries made in the court filing offices may not be Immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet Information should not be used In place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket Number: CP-21-CR-0002134-2003 CRIMINAL DOCKET Court Case - Commonwealth of Pennsylvania V Page 3 of 7 Case Event Disposition Date Final Disposition Seguence/Descriotion Offense Disposition Grade Section Sentencinu Judoe Sentence Date Credit For Time Served Sentence/Diversion Prggram Type Incarcerabon/Diversionary Period Start Date Sentence Conditions Linked Offense - Sentence Link Type Linked Docket Number Guido, Edward E. 01/08/2004 3 / Crim Tres-Break Into Structure Quashed F2 18§3503§§A1II Guido, Edward E. 01/0812004 4 / Crim'I Misch-Another Pecun. Loss Guilty Plea S 18§3304§§A3 Guido, Edward E. 01/08/2004 No Further Penalty 5 / Harassment/Strike, Shove, Kick, Etc. Guilty Plea S 18§2709§§A1 Guido, Edward E. 01/08/2004 No Further Penalty 6 / Burglary Dismissed by Information 18§3502§§A Guido, Edward E.- 01/08/2004 Name: Michael Andrew Scherer, Esq. Name: Michael Todd Traxler, Esq. District Attorney Court Appointed - Private Supreme Court No: 061974 Supreme Court No: 090961 Phone Number(s) Rep. Status: Active (717) 249-6873,-.,- (Phone) Phone Number(s): {717) 249-5755 (Fax) - (717) 249-0900 (Phone) A r ss: (717) 249-3344 (Fax) O'Brien, Badc & Scherer Address: 17 W. South Street 36 S Hanover Street Carlisle PA 17013 Carlisle PA 17013 Representing: Hurley, Adam J. J kLWU c[ckr- KBV 7w31r1017 Printed: 10/3112011 Recent entries made in the court Xing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial system of-the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for Inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used In place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth In 18 Pa.C.S. Section 9183. Y _ O s COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket Number: CP-21-CR-0002134-2003 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania V. Page 4 of T Adam J Hurle Seayenoe Dumber CE Filed Date Document Date Filed By 1 10/06/2003 Unknown Filer Original Papers Received from Lower Court :2 10/06/2003 Migrated Filer TRANSCRIPT FROM DISTRICT JUSTICE, F `TRANSCRIPT FROM DISTRICT JUSTICE, FILED 1 11/19/2003 Commonwealth of Pennsylvania Information Filed. Ct,1,2,3,4,5 1 - 11/25/2003 Traxler, Michael Todd - Acknowledgement of Arraignment, filed 11/25/03. Defendant to appear for Pre-trial Conference on 01/06/04 at 8:30 a.m. and for Trial on 01/20/04 at 9 a.m. 1 01/08/2004 Hurley, Adam J. Guilty Plea Colloquy and Plea of Defendant, filed. Defendant plead guilty to Ct. 4 - Harassment, Ct. 5 - Disorderly Conduct, and Ct. 3 Criminal Mischief in full satisfaction. 1 01/15/2004 Guido, Edward E. drder of Court, filed 01/08/04. In Re: Guilty Plea Defendant, having tendered pleas of guilty to counts 3, 4 and 5 in full satisfaction of all charges at this term/number, said pleas are accepted and recorded. 1/20/04 copies delivered at 4 pm. 2' 01/15/2004 Guido, Edward E. Order of Court, filed 01/08/04. In. Re: Sentencing .. Sentence 1s; at: ' Ct. 3- pay costs, make restitution to Chad Magee in amt. of $100.00, pay fine of $50.00; ct. 4- pay - r costs plus fine of $50.00; at ct. 5 - pay costs and placed on probation for 12 mo. supervision for collection only. 1 02/10/2004 Guido, Edward E. Guidl'ine Sentence Form, filed 02/05/06. 1 11/08/2004 Court of Common Pleas - Cumberland County Delinquency Notice Filed - 160 Days Overdue - .„ur-?:u.?u=neeiwairnrn - Printed' 1013112011 ' Recent entries made in the court filing offices may not be Immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any Uability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. o COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket Number: CP-21-CR-0002134-2003 CRIMINAL DOCKET'' Court Case Commonwealth of Pennsylvania Page 5 of 7 V. Adam J Hurley Sequence Number CP Filed Date Document Date Filed By 1 04/18/2005 Court of Common Pleas - Cumberland County Delinquency Notice Filed - 114 Days Overdue 1 05/24/2007 Court of Common Pleas - Cumberland County Delinquency Notice Filed - 818 Days Overdue Printed: 10131/2011 Rdcsnt entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet Information should not be used in place of a criminal history background check which can --only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. ° COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket Number: CP-21-CR-0002134-2003 CRIMINAL DOC. KET CourtCase Commonwealth of Pennsylvania F V. Page 6 of 7 _ Adam J Hulce Last Payment Date:" `06/05/2007 Total of Last Pa ment: -$230 50 y Hurley, Adam J. Assessment Payments Adjustments Non`Monetary Total Defendant Payments Costs/Fees State Court Costs (Act 204 of 1976) $9.05 -$9.05 $0.00 $0.00 $0.00 Commonwealth Cost - HB627 (Act 167 $7.75 -$7.75 $0.00. $0.00 $0.00 of 1.992) County Court Cost (Act 204 of 1976) $25.20 -$25.20 $0.00 $0.00 $0.00 Crime Victims Compensation (Act 96 $35.00 -$35.00 $0.00 $0.00 $0.00 of 1984) ti Domestic Violence Compensation (Act $10.00 -$10.00 $0.00 $0.00 $0.00 44 of 1988) Victim Witness Service (Act 111 of $25.00 -$25.00 $0.00 $0.00 $0.00 1998) Firearm Education and Training Fund $5.00 -$5.00 $0.00 $0.00 $0.00 (158 of 1994) - Judicial Computer Project $8.50 -$8.50 $0.00 $0.00 $0.00 ATJ -: $1.50 -$1.50 $0.00 $0.00 $0.00 District Attorney (Cumberland) $17.00 -$17.00 $0.00 $0.00 $0.00 Plea Fee (Cumberland) $135.00 -$135.00 $0.00 $0.00 $0.00 Administrative Fee (Cumberland) $45.00 -$45.00 $0.00 .$0.00 $0.00 Sheriff Costs (Cumberland) $1.50 -$1.50 $0.00 $0.00 $0.00 Automation Fee (Cumberland) $5.00 -$5.00 $0.00 $0.00 $0.00 Non DUI Central Processing Cost $200.00 -$200.00 $0.00 $0.00 $0.00 (Cumberland) - Costs/Fees Totals: $530.50 -$530.50 $0.00 $0.00 $0.00 Fines Title 18'- Payable to Municipality $50.00 -$50.00 $0.00 $0.00 $0.00 Titre 18 - _Payable to Municipality $50.00 -$50.00 $0.00 $0.00 $0.00 Fines Totals: $100.00 -$100.00 $0.00 $0.00 $0.00 Restitution Restitution $100.00 -$100.00 $0.00 $0.00 $0.00 Restitution Totals: $100.00 -$100.00 $0.00 $0.00 $0.00 Grand Totals: $730.50 -$730.50 $0.00 $0.00 $0.00 Pots 2220. Rev_ 1 x31/2011. - - _ Printed: 10/3112011 Recent eribies made In the court filing offices may not be Immediately reflected on these docket sheets. Neither the courts of the untried Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for Inaccurate or delayed data, errors or omissions on these reports. Docket Sheet Information should not be used in place of a criminal history background check which can _ only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. , AOPC 2220 = Rev 1 O/31rQ11 Printed: 10/31/2011 Recent entries made In the court filing offices may not be Immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of.Pennsylvenia Courts assume any liability for Inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used In place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. EXHIBIT "E" MJ-09302-NT-0000011-2010 DOCKET SHEET Magisterial District Judge 09-3-02 Docket Number: MJ-09302-NT-0000011-2010 Non-Traffic Docket Commonwealth of Pennsylvania V. Adam John Hurley Page 2 of 2 # Charge Grade Description Offense Dt. Disposition 1 18 §2709 §§ Al S Harassment - Subject Other to Physical Contact 01/01/2010 Guilty Plea Case Disposition Disposition Date Was Defendant Present? Guilty Plea 02/18/2010 No Offense Sea./Description Offense Disposition 1 Harassment - Subject Other to Physical Contact Guilty Plea Filed Date Entry Filer Applies To 02/2512010 Penalty Satisfied Magisterial District Court 09-3-02 Adam John Hurley, Defendant 02/18/2010 Payment Determination Hearing Magisterial District Court 09-3-02 Adam John Hurley, Defendant Scheduled 02/18/2010 Payment Determination Hearing Magisterial District Court 09-3-02 Adam John Hurley, Defendant Cancelled 02/18/2010 Penalty Assessed Magisterial District Court 09-3-02 Adam John Hurley, Defendant 02/18/2010 Guilty Plea Magisterial District Judge Vivian Adam John Hurley, Defendant Cohick 01/26/2010 Hearing Scheduled Magisterial District Court 09-3-02 Adam John Hurley, Defendant 01106/2010 - - Non-Traffic Citation Filed Magisterial District Court 09-3-02 Adam John Hurley, Defendant Case Balance: $0.00 Next Payment Amt: Last Payment Amt: Next Payment Due Dt: Non-Monetary Assessment Type Assessment Amt Adjustment Amt Payment Amt Payment Amt Balance Judicial Computer Project $8.00 $0.00 $0.00 ($8.00) $0.00 ATJ $3.00 $0.00 $0.00 ($3.00) $0.00 CJES - $2.25 $0.00 $0.00 ($2.25) $0.00 JCPS $10.25 $0.00 $0.00 ($10.25) $0.00 County Court Cost (Act 204 of 1976) $28.20 $0.00 $0.00 ($28.20) $0.00 State Court Costs (Act 204 of 1976) $7.65 $0.00 $0.00 ($7.65) $0.00 Commonwealth Cost - HB627 (Act 167 of $7.65 $0.00 $0.00 ($7.65) $0.00 1992) Crime Victims Compensation (Act 96 of 1984) $35.00 $0.00 $0.00 ($35.00) $0.00 Victim Witness Service (Act 111 of 1998) $25.00 $0.00 $0.00 ($25.00) $0.00 Domestic Violence Compensation (Act 44 of $10.00 $0.00 $0.00 ($10.00) $0.00 1988) Title 18 - Payable to Municipality $200.00 $0.00 $0.00 ($200.00) $0.00 MDJS 1200 Page 2 of 2 Printed: 10/31/2011 12:16 pm Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket sheet Information should not be used in place of a criminal history background check, which can only be provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S. Section 9101 at seq.) may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Magisterial District Judge 09-3-02 Docket Number: MJ-09302-NT-0000011-2010 Non-Traffic Docket Commonwealth of Pennsylvania V. Adam John Hurley Page 1 of 2 Judge Assigned: Magisterial District Judge Vivian Cohiclk Issue Date: 01101/2010 OTN: File Date: 01/06/2010 Arresting Agency: Carlisle PSP Citation : V0012316-3 County: _ Cumberland Arrest Date: Disposition: Guilty Plea Disposition Date: 02/18/2010 Township: West Pennsboro Township Case Status: Closed Case Status Status Date Processing Status Closed 02/25/2010 Completed 02/18/2010 Case Balance Due 02/18/2010 Case Disposed/Penalty Imposed 02/18/2010 Awaiting Sentencing 01/06/2010 Awaiting Plea Case Calendar Schedule Schedule Event Type Start ate Start Time Room Judas Name Status Hearing 02/06/2010 9:00 am Courtroom: MDJ-09-3-02 Magisterial District Judge Vivian Scheduled Cohick Payment Determination 03/05/2010 10:30 am Courtroom: MDJ-09-3-02 Magisterial District Judge Vivian Cancelled Hearing Cohick Name: Hurley, Adam John Sex: Male Date of Birth: 08/03/1984 Addressfes): Primary Carlsile, PA 17013 Race: White Advised of His Right to Apply for Assignment of Counsel? No Public Defender Requested by the Defendant? No Application Provided for Appointment of Public Defender? No Has the Defendant Been Fingerprinted? No Participant Tvpe Arresting Officer Defendant Participant Name Dechene, Richard T Jr. Hurley, Adam John MDJS 1200 Printed: 10/31/2011 12:16 pm Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket sheet Information should not be used in place of a criminal history background check, which can only be provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S. Section 9101 at seq.) may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. EXHIBIT "F" MJ-09302-NT-0000041-2007 DOCKET SHEET Magisterial District Judge 09-3-02 Docket Number: MJ-09302-NT-0000041-2007 Non-Traffic Docket Commonwealth of Pennsylvania V. q Adam J. Hurley Page 2 of 2 Case Disposition Disposition Date Was Defendant Present? Guilty Plea 02/27/2007 No Offense Sea./Description Offense Disposition 1 Public Drunkenness And Similar Misconduct Guilty Plea Filed Date : €01[y Filer Applies To 03/02/2007 Penalty Satisfied Magisterial District Court 09-3-02 Adam J Hurley, Defendant 02/27/2007 Penalty Assessed Magisterial District Court 09-3-02 Adam J Hurley, Defendant 02/27/2007 Guilty Plea Magisterial District Judge Vivian Adam J Hurley, Defendant Cohick 02/27/2007 Payment Determination Hearing Magisterial District Court 09-3-02 Adam J Hurley, Defendant Scheduled 02/27/2007 Payment Determination Hearing Magisterial District Court 09-3-02 Adam J Hurley, Defendant Cancelled 01/13/2007 Certified Summons Accepted Magisterial District Court 09-3-02 Adam J Hurley, Defendant 01/11/2007 Summons Issued Magisterial District Court 09-3-02 Adam J Hurley, Defendant 01/11/2007 Certified Summons Issued Magisterial District Court 09-3-02 Adam J Hurley, Defendant 01/10/2007 Non-Traffic Citation Filed Magisterial District Court 09-3-02 Adam J Hurley, Defendant Case Balance: $0.00 Next Paym ent Amt: Last Payment Amt: Next Paym ent Due Dt: Non-Monetary Assessment Type Assessment Amt Adjustment Amt Payment Amt Payment Amt Balance Judicial Computer Project $8.00 $0.00 $0.00 ($8.00) $0.00 ATJ $2.00 $0.00 $0.00 ($2.00) $0.00 County Court Cost (Act 204 of 1976) $26.60 $0.00 $0.00 ($26.60) $0.00 State Court.Costs (Act 204 of 1976) $7.20 $0.00 $0.00 ($7.20) $0.00 Commonwealth Cost - HB627 (Act 167 of $7.20 $0.00 $0.00 ($7.20) $0.00 1992) Crime Victims Compensation (Act 96 of 1984) $35.00 $0.00 $0.00 ($35.00) $0.00 Victim Witness Service (Act 111 of 1998) $25.00 $0.00 $0.00 ($25.00) $0.00 Domestic Violence Compensation (Act 44 of $10.00 $0.00 $0.00 ($10.00) $0.00 -1988) Postage - Case $5.00 $0.00 $0.00 ($5.00) $0.00 Title 18 - Payable to Municipality $200.00 $0.00 $0.00 ($200.00) $0.00 MDJS 1200 Page 2 of 2 Printed: 10/31/2011 12:19 pm Recent entries made In the court filing offices may not be Immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket sheet Information should not be used In place of a criminal history background check, which can only be provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S. Section 9101 at seq.) may be subject to civil liability as set forth in 18 Pe.C.S. Section 9183. Magisterial District Judge 09-3-02 Docket Number: MJ-09302-NT-0000041-2007 Non-Traffic Docket Commonwealth of Pennsylvania V. Adam J. Hurley Page 1 of 2 Judge Assianed: Magisterial District Judge Vivian Cohick Issue Date: 01/10/2007 OTN: File Date: 01/10/2007 Arresting Agency: Newville Borough Police Dept Arrest Date: Citation #: P5553097-4 Disposition: Guilty Plea Coun : Cumberland Disposition Date: 02/27/2007 Township: Newville Boro Case Status: Closed Case Status Status Date Processing Status Closed 03/02/2007 Completed 02/2712007 Case Balance Due 02/27/2007 Case Disposed/Penalty Imposed 02/27/2007 Awaiting Sentencing 01/10/2007 Awaiting Plea Case Calendar Schedule Schedule Event Type Start Date Start Time Room Judge Name Status Payment Determination 03/12/2007 3:00 pm Courtroom: MDJ-09-3-02 Magisterial District Judge Vivian Cancelled Hearing Cohick Name: Hurley, Adam J. Sex: Male Date of Birth: 08/03/1984 Race: White Address(es): Primary Carlisle, PA 17013 Advised of His Right to Apply for Assignment of Counsel? No Public Defender Requested by the Defendant? No Application Provided for Appointment of Public Defender? No Has the Defendant Been Fingerprinted? No --- ---------- Participant Type Participant Name Defendant ' Hurley, Adam J. Arresting Officer Swartz, James Daniel # Charge Grade Description Offense Dt. Disposition 1 18 § 5505 S Public Drunkenness And Similar Misconduct 01/07/2007 Guilty Plea MDJS 1200 . Printed: 10/31/2011 12:19 pm Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, anon; or omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check, which can only be provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S. Section 9101 at seq.) may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. EXHIBIT "G" MJ-09302-NT-0000690-2003 DOCKET SHEET Magisterial District Judge 09-3-02 Docket Number: MJ-09302-NT-0000690-2003 Non-Traffic Docket Commonwealth of Pennsylvania I V. Adam J. Hurley Page 2 of 2 Filed Date Entrv Filer Applies To 01/02/2004 Penalty Satisfied Magisterial District Court 09-3-02 Adam J. Hurley, Defendant 01/02/2004 Penalty Assessed Magisterial District Court 09-3-02 Adam J. Hurley, Defendant 01/0212004 Guilty Plea Magisterial District Judge Helen B. Adam J. Hurley, Defendant Shulenberger 10/10/2003 Certified Summons Accepted Magisterial District Court 09-3-02 Adam J. Hurley, Defendant 10/09/2003 Summons Issued Magisterial District Court 09-3-02 Adam J. Hurley, Defendant 10109/2003 Private Summary Complaint Filed Magisterial District Court 09-3-02 Adam J. Hurley, Defendant 10/09/2003 Certified Summons Issued Magisterial District Court 09-3-02 Adam J. Hurley, Defendant Case Balance: $0.00 Next Pav ment Amt: > Last Payment Amt: Next Pay ment Due Dt: Non-Monetary Assessment Tyne Assessment Amt Adiustment Amt Payment Amt Payment Amt Balance Judicial Computer Project $8.50 $0.00 $0.00 ($8.50) $0.00 ATJ $1.50 $0.00 $0.00 ($1.50) $0.00 County Court Cost (Act 204 of 1976) $24.02 $0.00 $0.00 ($24.02) $0.00 State Court Costs (Act 204 of 1976) $6.49 $0.00 $0.00 ($6.49) $0.00 Commonwealth Cost - HB627JAct 167 of $6.49 $0.00 $0.00 ($6.49) $0.00 1992) Crime Victims Compensation (Act 96 of 1984) $35.00 $0.00 $0.00 ($35.00) $0.00 Victim Witness Service (Act 111 of 1998) $25.00 $0.00 $0.00 ($25.00) $0.00 Domestic Violence Compensation (Act 44 of $10.00 $0.00 $0.00 ($10.00) $0.00 1988) Postage- Case $5.00 $0.00 $0.00 ($5.00) $0.00 Restitution $23.35 $0.00 $0.00 ($23.35) $0.00 MDJS 1200- Page 2 of 2 Printed: 10/31/2011 12:20 pm Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commdnwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or " omissions on theaeoocket sheets. Docket sheet information should not be used in place of a criminal history background check, which can only be provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S. Section 9101 at seq.) maybe subject to civil liability asset forth in 18 Pa.C.S. Section 9183. Magisterial District Judge 09-3-02 Docket Number: MJ-09302-NT-0000690-2003 Non-Traffic Docket Commonwealth of Pennsylvania V. Adam J. Hurley Page 1 of 2 Judge Assigned: Magisterial District Judge Vivian Cohic k Issue Date: 10/09/2003 OTN: File Date: 10/09/2003 Arrestina Aaencv: Arrest Date: Citation #: Disposition: Guilty Plea Coun : Cumberland Disposition Date: 01/02/2004 Township: West Pennsboro Township Case Status: Closed Case Status Status Date Processing Status Closed 01/02/2004 Completed 01/0212004 Case Balance Due 01/02/2004 Case Disposed/Penalty Imposed 01/02/2004 Awaiting Sentencing 10/09/2003 Awaiting Plea Name: Hurley, Adam J. Sex: Male Date of Birth: 08/03/1984 Race: White Address(es): Primary Carlisle, PA 17013 Advised .of His Right to Apply for Assignment of Counsel? No Public Defender Requested by the Defendant? No Application Provided for Appointment of Public Defender? No Has the Defendant Been Fingerprinted? No Participant Type Participant Name Defendant Hurley, Adam J. Affiant Saylor's Iga Charge Grade Description Offense Dt. Disposition 1 18 § 4105 §§ Al S Bad Checks 08/20/2003 Guilty Plea Case Disposition Guilty Plea Offense Sea./Description --1 Bad Checks Disposition Date 01/02/2004 Offense Disposition Guilty Plea Was Defendant Present? Yes MDJS 1200 Printed: 10131/2011 12:20 pm Recent entries made In the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check, which can only be provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S. Section 9101 at seq.) may be subject to civil liability as set forth In 18 Pa.C.S. Section 9183. EXHIBIT "H" MJ-09302-NT-0000483-2003 DOCKET SHEET Magisterial District Judge 09-3-02 Docket Number: MJ-09302-NT-0000483-2003 Non-Traffic Docket Commonwealth of Pennsylvania V. Adam J. Hurley Page 1 of 4 Judge Assigned: Magisterial District Judge Vivian Cohidt Issue Date: 06/20/2003 OTN: Arrestina Aaencv: Citation : T0055430 File Date: Arrest Date: Disposition: 06/20/2003 Guilty Coun : Cumberland Disposition Date: 09/15/2003 Township: Lower Mifflin Township Case Status: Closed Case Status Status Date Processing Status Closed 10/04/2004 Completed 09/15/2003 Case Balance Due 09/15/2003 Case Disposed/Penalty Imposed 09/15/2003 Awaiting Sentencing 07131/2003 Awaiting Summary Trial 07/31/2003 Awaiting Summary Trial 07/07/2003 Awaiting Summary Trial 06/20/2003 Awaiting Plea Case Calendar Schedule Schedule Event Type Start Date Start Time Room Judge Name Status Summary Trial 08106/2003 10:45 am Courtroom: MDJ-09-3-02 Magisterial District Judge Continued Helen B. Shulenberger Summary Trial 09/10/2003 1:15 pm Courtroom: MDJ-09-3-02 Magisterial District Judge Continued Helen B. Shulenberger Summary Trial 09/15/2003 1:45 pm Courtroom: MDJ-09-3-02 Magisterial District Judge Scheduled Helen B. Shulenberger Name: Hurley, Adam J. Se)r Male Date of Birth: 08/03/1984 Race: White Address(es): Primary Carlisle, PA 17013 Advised of His Right to Apply for Assignment of Counsel? No Public Defender Requested by the Defendant? No Application Provided for Appointment of Public Defender? No Has the Defendant Been Fingerprinted? No MDJS 1200 Printed: 10/3112011 12:23 pm Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check, which can only be provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S. Section 9101 at seq.) may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Magisterial District Judge 09-3-02 Docket Number: MJ-09302-NT-0000483-2003 Non-Traffic Docket Commonwealth of Pennsylvania V. Adam J. Hurley Page 2 of 4 Participant Type Participant Name Arresting Officer Carbaugh, Jason L Defendant Hurley, Adam J. 2 Charae Grade Description Offense Dt. Disposition 1 18 § 6308 §§ A S Purch Etc Alcoh Bev By A Minor 06/08/2003 Guilty Case Disposition Disposition Date Was Defendant Present? Guilty 09/15/2003 Yes Offense Sea./Description Offense Disposition 1 Purch Etc Alcoh Bev By A Minor Guilty MDJS 1200.- 0 :? s n'I.fe :Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or - omisslons on these docket sheets. Docket sheet information should not be used in place of a criminal history background check, which can only be provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S. Section 9101 at seq.) may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Magisterial District Judge 09-3-02 Docket Number: MJ-09302-NT-0000483-2003 Mobs Non-Traffic Docket Commonwealth of Pennsylvania V. I Adam J. Hurley Page 3 of 4 Filed-bate Entry Filer Applies To 10/04/2004 Penalty Satisfied Magisterial District Court 09-3-02 Adam J Hurley, Defendant 09115/2003 Penalty Assessed Magisterial District Court 09-3-02 Adam J Hurley, Defendant 09/15/2003' . DL-21C Issued Magisterial District Court 09-3-02 Adam J Hurley,. Defendant 09/15/2003 Guilty" Magisterial District Judge Helen B. Adam J Hurley, Defendant Shulenberger 08/01/2003 ` -Subpoena Issued via Hand Delivery Magisterial District Court 09-3-02 Restricted Participant 08/01/2003 Subpoena Issued Magisterial District Court 09-3-02 Restricted Participant 07/31/2003 Summary Trial Scheduled Magisterial District Court 09-3-02 Adam J Hurley, Defendant 07/31/2003 Summary Trial Continued Magisterial District Court 09-3-02 Adam J Hurley, Defendant 07107/2003 Summary Trial Scheduled Magisterial District Court 09-3-02 Adam J Hurley, Defendant 06/21/2003 Certified Summons Accepted Magisterial District Court 09-3-02 Adam J Hurley, Defendant 06/20/2003. Summons Issued Magisterial District Court 09-3-02 Adam J Hurley, Defendant 06/20/2003 `- Certified Summons Issued Magisterial District Court 09-3-02 Adam J Hurley, Defendant 06/20/2003 Non-Traffic Citation Filed Magisterial District Court 09-3-02 Adam J Hurley, Defendant Payment Pl an No. Paymen t Plan Frea. Next Due Date Active Next Due Amt. Overdue Amt. 09302-2003-P0000676 Monthly No $0.00 $0.00 ' Responsible Participant Hurey, Adam J. Payment Plan History: Payment Dt. Transaction Type Pavor Participant Role Amount 10104/2004 Payment Hurley, Adam J. Defendant $217.00 MDJ$1?00 Page 3 of 4 Printed:. 10/31/2011 12:23 pm Recent entries.makie in the court Ming offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of I` Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or ". omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check, which can only be provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S. - Section 9101 at seq.) maybe subject to civil liability asset forth in 18 Pa.C.S. Section 9183. Magisterial District Judge 09-3-02 _ Docket Number MJ-09302-NT-0000483-2003 Non-Traffic Docket Commonwealth of Pennsylvania V. Adam J. Hurley 9 Case 'Balance: $0.00 Next Pay ment Amt: Last Payment Amt: Next Pay ment Due Dt: Assessment Type Assessment Amt Adiustment Amt Judicial Computer Project $9.00 $0.00 ATJ $1.00 $0.00 County Court Cost (Act 204 of 1976) $24.02 $0.00 State Court Costs (Act 204 of 1976) $6.49 $0.00 Commonwealth Cost - HB627 (Act 167 of $6.49 $0.00 o 1992) . Crime Victims Compensation (Act 96 of 1984) $35.00 $0.00 Victim Witness Service (Act 111 of 1998) $25.00 $0.00 Domestic Violence Compensation (Act 44 of $10.00 $0.00 1988) Postage - Case $5.00 $0.00 Title 18 - Payable to Municipality $100.00 $0.00 Constable Education Training Act (Act 44 of $5.00 $0.00 1991) Server Fee. $40.00 $0.00 Non-Monetary Payment Amt $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Payment Amt ($9.00) ($1.00) ($24.02) ($6.49) ($6.49) ($35.00) ($25.00) ($10.00) ($5.00) ($100.00) ($5.00) ($40.00) Page 4 of 4 l Balance $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0:00 $0.00 $0.00 $0.00 $0.00 MDJS 12Q0 it Page 4 of 4 Printed: 10131/2011 12:23 pm .. Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the'Commoriwealtr of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket sheet information should not be used In place of a criminal history background check, which can only be provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S. Section 9101 at seq.) may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATHANIEL S. YOHE, NO. 2007-5277 Plaintiff ; ten CIVIL ACTION-LAW -a, -- _.? V. zrn :v ?- r IN CUSTODY cZr>r SARAH M. YORE, --440 - Defendant A nn o- Zp 5' _ ORDER OF COURT ?? -c. Re: Plaintiff's Petition for Emergency Special Relief AND NOW, this Sol day of Greer`, 2011, upon consideration of the within Motion, IT IS HEREBY O?ERED that An emergency hearing on the issues raised in the Petition is scheduled for the 4s day of jl)rets*A41? 2011 at •bd o'clock e4.m. in Courtroom 3 of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. PENDING THE HEARING IT IS FURTHER ORDERED AND DIRECTED that: her's 4+..?+ Qt +4a r{pei n@tQ cvt-han(rc time e. to t be Mother's husband, Adam J. Hurley, shall have no contact with Father and his transportation assistants, (Megan Yohe, Elwood Yohe, Helen Yohe and Kelly Cornman) at any of the transportation exchanges that occur at Mother's home and if he is at the home at the time of those exchanges he is to remain inside the home until Father and/or his transportation assistants leave. BY THE COURT: JUDGE DISTRIBUTION TO: ? Attorney for Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Rd., Camp Hill, PA 17011 ? Attorney for Defendant: Julie M. Cooper, Esquire, 222 S. Market Street, Suite 201, Elizabethtown, PA 17022 001*-S -2- 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATHANIEL S. YORE, Plaintiff V. SARAH M. YORE, now by remarriage, Sarah M. Hurley, Defendant NO. 2007-5277 : CIVIL ACTION-LAW : IN CUSTODY ORDER OF COURT - CUSTODY c MCC ? _t : 'q__' v te "r .r ... ?. AND NOW this AAtA4ay of , 2011, upon consideration of the within Stipulation for Entry of Order of Court - Custody entered into and executed by Plaintiff, Nathaniel S. Yohe, (hereinafter referred to as "Father") and Defendant, Sarah M. Hurley, (hereinafter referred to as "Mother"), IT IS HEREBY ORDERED AND DECREED as follows: 1. The prior Orders of Court dated August 25, 2011, September 1, 2011 and October 11, 2011, are vacated by the Court and replaced with this Order of Court. 2. The terms of the Parent's Stipulation dated November l5, 2011, are incorporated by reference and entered as part of this Order the same as of fully set forth herein at length. 3. In as much as the all outstanding issues between the parents have been resolved by the within Stipulation, the following hearings are cancelled: a. November 15, 2011 hearing on Plaintiffs Petition for Emergency Special Relief; b. January 9, 2012 hearing on Plaintiffs Petition to Modify. BY THE. EDWARD E. GUIDO, J. Distribution to: Attorney for Plaintiff: Pane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 Attorney for Defendant: Julie M. Cooper, Esquire, 222 S. Market Street, Suite 201, Elizabethtown, PA 17022 li'agl cr