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HomeMy WebLinkAbout03-5728TODD M. YOHN Plaintiff JENNIFER L. YOHN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is TODD M. YOHN, who presently resides at 41 Wooded Run Drive, Dillsburg, York County, Pennsylvania 17019. 2. The Defendant is JENNIFER L. YOHN, who presently resides at 405 Greenspring Road, Newville, Cumberland County, Pennsylvania 17241. 3. Plaintiff seeks partial physical custody/visitation of the following child: Nalne Taylor Lee Yohn Present Address 405 Greenspring Road Newville, PA 17241 Age 4 months (bom 06/19/03) 4. The aforementioned child was not bom out of wedlock. 5. The child is presently in the custody of Defendant. 6. During the past five (5) years, the child has resided with the following persons at the following addresses: Name Todd M. Yohn, Jennifer L. Yohn, Marlin Yohn, and Denise Yohn Jennifer L. Yohn Marlin Yohn, and Denise Yohn Todd M. Yohn and Jennifer L. Yohn Jennifer L. Yohn, Joel Stamy, and Cynthia Stamy Address 536 Mumper Lane Dillsburg, PA 17019 536 Mumper Lane Dillsburg, PA 17019 41 Wooded Run Drive Dillsburg, PA 17019 405 Greenspring Road Newville, PA 17241 Dates Birth to 06/30/03 07/01/03 to 08/19/03 08/20/03 to 08/27/03 08/28/03 to present 7. The mother of the child is Jennifer L. Yohn, currently residing at 405 Greenspring Road, Newville, Cumberland County, Pennsylvania 17241. 8. She is married to but separated from Todd M. Yohn. 9. The father of the child is Todd M. Yohn, currently residing at 41 Wooded Run Drive, Dillsburg, York County, Pennsylvania 17019. 10. He is married to but separated from Jennifer L. Yohn. 11. The relationship of Plaintiff to the child is that of Father. The Plaintiff currently resides alone. 12. The relationship of Defendant to the child is that of Mother. The Defendant currently resides with her mother, Cynthia Stamy, and stepfather, Joel Stamy. 2 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interests and permanent welfare of the child will be served by granting the relief requested. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an appropriate order regarding the custody of the child. Dated: I©. ~C~-C,3'_~ Respectfully submitted, ~ 8 Pine Street to/ P.O. Box 886 Harrisburg, PA 17108 (717) 232-1851 Atty. I.D. #53148 Attorneys for Plaintiff VERIFICATION I hereby verify that the statements of fact made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. Dated: 10/29/03 z~ m TODD M. YOHN : PLAINTIFF : V. : JENNIFER L. YOHN : DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN SYLVANIA 03-5728 CIVIL ACTION LAW IN CUSTODY ORDER OFCOURT AND NOW, Wednesday, November 05, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street~ Lemoyne, PA 17043 on Monda:~', December 08, 2003 at 11:30 AM for a Pre-Hearing Custody Conference. At such conference, an eftbrt will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ 3/lelissa P. Greevy. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals 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 1'7013 Telephone (717) 249-2,166 TODD M. YOHN, Plaintiff JENNIFER L. YOHN, Defendant DE 003 iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5728 CiViL TERM CIVIL ACTION - LAW IN CUSTODY TEMPORARY ORDER OFCOURT AND NOW, this /:7' day of December, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leqal Custody. The parties, Todd M. Yohn and Jennifer L. Yohn, shall have shared legal custody of the minor child, Taylor Lee Yohn, born June 19, 2003. 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 her health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child 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. 2. Physical Custody. Mother shall have primary physical custody of the minor child subject to Father's rights of partial custody which shall be arranged as follows: A. Effective December 10, 2003 each Wednesday after work until 5:00 p.m. However, Father shall not have partial custody on December 24, 2003 due to Mother's Christmas Eve holiday time. B. On December 13, 2003 and December 14, 2003 from 12:00 p.m. to 2:00 p.m. C. Effective December 20, 2003, each Saturday and Sunday from noon to 4:00 p.m. 3. Holidays. A. Christmas 2003. 4:00 p.m. on Christmas Day. Father shall have custody from 8:45 a.m. to TODD M. YOHN, Plaintiff JENNIFER L. YOHN, Defendant IN THE COURT OF COMMON PLE/NS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5728 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this /:7' day of December, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leqal Custody. The parties, Todd M. Yohn and Jennifer L. Yohn, shall have shared legal custody of the minor child, Taylor Lee Yohn, born June 19, 2003. 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 her health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child 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. 2. Physical Custody. Mother shall have primary physical custody of the minor child subject to Father's rights of partial custody which shall be arranged as follows: A. Effective December 10, 2003 each Wednesday after work until 5:00 p.m. However, Father shall not have partial custody on December 24, 2003 due to Mother's Christmas Eve holiday time. B. On December 13, 2003 and December 14, 2003 from 12:00 p.m. to 2:00 p.m. C. Effective December 20, 2003, each Saturday and Sunday from noon to 4:00 p.m. 3. Holidays. A. Christmas 2003. 4:00 p.m. on Christmas Day. Father shall have custody from 8:45 a.m. to NO. 03-5728 CIVIL TERM 4. Transportation. The parent receiving custody shall provide transportation incident to the custodial exchanges. 5. Father and Mother shall participate in mental health evaluations. Mother's evaluation will address whether there is a need for treatment for anger management or depression. Father's evaluation will address whether he has a mood disorder and/or could benefit from anger management services. Father's evaluation will also address whether he presents the danger in the context of unsupervised overnight periods of partial custody with the parties' six (6) month old daughter. In the event that either evaluation has recommendations for a treatment, the parties will follow-up with the recommended treatment. The evaluations will be released to the parties' counsel. 6. Father will participate in a parent-education class focusing on the parenting needs of a six (6) month old child. 7. The Custody Conciliation Conference shall reconvene on January 26, 2004 at 9:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. At the time the Custody Conciliation Conference reconvenes, by mutual agreement of the parties, it is contemplated that the parties will revisit the schedule of partial custody for Father and consideration of expansion of Father's custodial time to include overnight periods of custody. Dist: BY THE COURT: v'~. Paul Helvy, Esquire, 218 Pine Street, P.O. Box 886, Harrisburg, PA 17108 ~'¢-~elly Knight, Esquire, 2320 N. Second St., Harrisburg, PA 17110 DEC 1 6 003 TODD M. YOHN, Plaintiff JENNIFER L. YOHN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5728 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, theundersigned CustodyConcilia~rsubmitsthe ~llowing mport: 1. The pertinent in~rmation concerning the child who is the su~e~ ofthis litigation is as follows: NAME Taylor Lee Yohn DATE OF BIRTH June 19, 2003 CURRENTLYIN THE CUSTODY OF Mother 2. A Custody Conciliation Conference was held on December 8, 2003 following Father's filing of a Complaint for Custody on October 31, 2003. Attending the conference were: the Father, Todd M. Yohn, and his counsel, J. Paul Heivy, Esquire; the Mother, Jennifer L. Yohn, and her counsel, Kelly Knight, Esquire. attached. tDate/ The parties reached an agreement f/ef'a Temporary Order in the form as ~ - ~-'"~"dVl~l[ssa Peel Greevy, b-squ' e Custody Conciliator :221871 FEB 1 8 2O04 TODD M. YOHN, Plaintiff JENNIFER L. YOHN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5728 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this z ¢' day of February, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. ~. The parties, Todd M. Yohn and Jennifer L. Yohn, shall have shared legal custody of the minor child, Taylor Lee Yohn, born June 19, 2003. 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 her health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child 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. 2. ~. Mother shall have prima .ry physical custody of the minor child subject to Father's rights of partial custody which shall be arranged as follows: A. Effective February 11, 2004 each Wednesday from 4:30 p.m. to 6:30 p.m. Effective February 16, 2004 each Monday after work until 6:30 C. Effective February 21, 2004, on alternating weekends from Saturday at 7:15 a.m. until Sunday at 6:30 p.m. schedule. The following holiday schedule shall supersede the regular A. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at noon until December 25th at noon. Segment B shall be from December 25th at noon until December 26th at NO. 03-5728 CIVIL TERM noon. In even numbered years, Mother shall have Segment A and Father shall have Segment B. In odd numbered years, Father shall have Segment A and Mother shall have Segment B. B. _Easter and Thanksqivinfl Easter and Thanksgiving shall be divided into two segments. Segment A shall be from 9:00 a.m. to 2:00 p.m, Segment B shall be from 2:00 p.m. to 6:30 p.m. In even numbered years, Father shall have Segment A of Easter and Segment B of Thanksgiving and Mother shall have Segment B of Easter and Segment A of Thanksgiving. In odd numbered years, Mother shall have Segment A of Easter and Segment B of Thanksgiving and Father shall have Segment B of Easter and Segment A of Thanksgiving. C. ~. The parties shall alternate Memodal Day, Independence Day, and Labor Day, commencing with Mother having custody for Memorial Day, 2004. D. Summer. The parties shall have periods of custody each summer for purposes of vacation, as they may arrange by their mutual agreement. 4. ~. The parent receiving custody shall provide transportation incident to the custodial exchanges. 5. Father will participate in a Parent-education class focusing on the parenting needs of an eight (8) month old child. 6. The Custody Conciliation Conference shall reconvene on May 4, 2004 at 8:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. In the event that both counsel find that the conciliation conference is not necessary, each will provide written notice to the Conciliator one week in advance of the conference date. BY THE COURT: ~ Pau Hel Es u Dist: -.~. vy, q ire, PORox886, Harrisburg, pA 17108 ufKelly Knight, Esquire, PO Box 60457, Harrisburg, PA 17106-0457 TODD M. YOHN, Plaintiff JENNIFER L. YOHN, Defendant iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5728 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY .CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: .NAME Taylor Lee Yohn DATE OF BIRTH June 19, 2003 ,CURRENTLY IN THE CUSTODY or Mother 2. The parties' second Custody Conciliation Conference was held on February 9, 2004 as planned at the December 8, 2003 Custody Conciliation Conference. Attending the conference were: the Father, Todd M. Yohn, and his counsel, J. Paul Heivy, Esquire; the Mother, Jennifer L. Yohn, and her counsel, Kelly Knight, Esquire. 3. The parties reached an agreement for a Temporary Order in the form as attached. Date Meli"s~-a Peel Greevy, Esquire Custody Conciliator :224244 TODD M. YOHN Plaintiff JENNIFER L. YOHN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5728 CIVIL ACTION - LAW IN CUSTODY PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of TODD M. YOHN, Plaintiff in the above-captioned matter. Dated: ~lllian & Geph ~L~.~~ ~//~2~18 .Pkne Street, P. O. Box 886 Harrisburg, PA 17108 (717) 232-1851 Attorney I. D. #53148 Dated: Kindly enter my appearance as apro se party in the above-captioned matter. Todd M. Yohn 41 Wooded Run Drive Dillsburg, PA 17019 TODD M. YOHN, Plaintiff V. JENNIFER L. YOHN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5728 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE PROTHONOTARY: Please withdraw the appearance of Kelly M. Knight, Esquire, as Defendant in the above matter. coun}el for the ~N~/~,econd Street Harrisburg, PA 17'110 (717) 238-6570 PRAECIPE TO ENTER APPEARANCE PROTHONOTARY: Please enter the appearance of Sandra L. Meilton, Esquire, and the law firm of Tucker Arensberg P.C., as counsel for the Defendant in the above matter. '!~andra L. Meilton -/ No. 32551 TUCKER ARENSBERG, P.C, P.O. Box 889 Harrisburg, PA 171i08 (717) 234-4121 TODD M. YOHN, Plaintiff V. JENNIFER L. YOHN, Defendant JUL(~04 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5728 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY HESS, J. -- TEMPORARY ORDER OF COURT AND NOW, this f.~ ' day of July, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's prior Orders are VACATED and replaced with the following: 2. ~. The parties, Todd M. Yohn -qnd Jennifer L. Yohn, shall have shared legal custody of the minor child, Taylor Lee Yohn, born June 19, 2003. 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 her health, education and religion. Pursuant to the terms of Pa. C. S. {}5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child 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. ~. Mother shall have primary physical custody of the minor child subject to Father's dghts of partial custody which shall be arranged as follows: A. Effective August 2, 2004 each Monday after work until 6:30 p.m. 6:30 p.m. Effective August 4, 2004 each Wednesday from 4:30 p.m. to C. Effective August 7, 2004, on alternating 'weekends from Saturday at 7:15 a.m. until Sunday at 6:30 p.m. D. Father may exercise his alternating weekend periods of custody with notice to the Mother by the conclusion of his Wednesday visit. Father must exercise at least one (1) visit each week on Monday and/or Wednesday in order to exercise a weekend visit. NO. 03-5728 CIVIL TERM 4. Hol days. schedule. The following holiday schedu,le shall supersede the regular A. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at noon until December 25th at noon. Segment B shall be from December 25th at noon until December 26~h at noon. In even numbered years, Mother shall have ,'Segment ^ and Father shall have Segment B. In odd numbered years, Father shall have Segment A and Mother shall have Segment B. B. Easter and Thanks.qivinq. Easter and Thanksgiving shall be divided into two segments. Segment A shall be from 9:00 a.m. to 2:00 p.m. Segment B shall be from 2:00 p.m. to 6:30 p.m. In even numbered years, Father shall have Segment A of Easter and Segment B of Thanksgiving and IVlother shall have Segment B of Easter and Segment A of Thanksgiving. In odd nurnbered years, Mother shall have Segment A of Easter and Segment B of Thanksgiving and Father shall have Segment B of Easter and Segment A of Thanksgiving. C. Altematin Holida s. The parties shall alternate Memorial Day, Independence Day, and Labor Day, commencing with Mother having custody for Memorial Day, 2004. D. .Summer. The parties shall have periods of custody each summer for purposes of vacation, as they may arrange by their mutual agreement. Mother will have custody for purposes of her vacation to Ocean City, Maryland for the period from July 17, 2004 through July 24, 2004. Because this encompasses part of Father's regularly scheduled weekend, upon Father's request, he may have a makeup weekend visit within one (1) month of Mother's return from her vacation. 5. ~. The parent receiving custody shall provide transportation incident to the custodial exchanges. 6. Father will participate ~n a Parent-education class focusing on the parenting needs of a one (1) year old child. Dlst: BY THE COURT: /~vin A. Hess, J. Todd M. Yohn, 41 Wooded Run Drive, Dillsburg, P~17019 · Sandra L. Mellton, Esquire, PO Box 889, Harrisburg, PA 17108 JUL 1 0 2004 TODD M. YOHN, Plaintiff JENNIFER L. YOHN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5728 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME Taylor Lee Yohn DATE OF BIRTH June 19, 2003 ,CURRENTLY IN THE CUSTODY OF Mother 2. The parties' third Custody Conciliation Conference was held on July 1, 2004 Attending the conference were: the Mother, Jennifer L. Yohn, and her counsel, Sandra L. Meilton, Esquire. Father's counsel, J. Paul Helvy, Esquire, withdrew from the case on May 6, 2004. The Father, Todd Yohn, entered his appearance pro se but did not attend the July 1, 2004 Custody Conciliation Conference. 3. Father's position on custody is as followc: Fat~her's position is unknown as he failed to attend the Custody Conciliation Conference. 4. Mother's position on custody is as follow~: Mother reports that since June 16, 2004, Father indicated that he would not be exercising his Monday and Wednesday visits because those times were not good for him. By her report, he has been inconsistent with the Saturday overnight to Sunday visits. When he has exercised these visits, he has been picking up the child around Noon rather than 7:15 a.m. Father did not exercise custodial time on June 9, 2004, June 12, 2004, June 13, 2004, nor June 14, 2004. He had custody briefly on June 16, 2004. Although he was invited, he did not attend her birthday on June 19, 2004. The last full scheduled visit was June 7, 2004. ()ri the weekend preceding the Custody Conciliation Conference, the child was ill with a fever. Mother notified Father of this by leaving a message and in the message suggested that if the child was feeling better on Sunday, that he might be able to have custody on Sunday. However, Mother received only a message Sunday afternoon thanking her for keeping him informed. Mother has ex.p. ressed concern about Father's inco,,~;~, .... .. ...... .o,=,=.~:y n pamc~padng in n s parenting time. She believes that this is contr buting to the difficulties that the child is experiencing with transition NO. 03-5728 CIVIL TERM between parents at the time of the custodial exchange. She believes that things would go better if Father was consistently present for all visits. 5. In light of Mother's concerns and the very young age of this child, and the Conciliator having no input from the Father, recommends the attached Order to which Mother agrees. The child is much more likely to be relaxed and tolerate the transitions between parents if she is familiar with Father and is enjoying frequent and continuing contact on a consistent basis with him. Date Melissa Peel Greevy, Esquire Custody Conciliator :231831 JENNIFER L. YOHN, Plaintiff V. TODD M. YOHN, Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 03:5728 CIVIL TERM : IN CUSTODY PETITION TO MODIFY CUSTODY 1. The Plaintiff is Jennifer L. Yohn,-the Mother of the minor child who resides at 405 Greenspring Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant is Todd M. Yohn, the Father of the minor child, who resides at 41 Wooded Run Drive, Dillsburg, Pennsylvania 17019. 3. Plaintiff seeks to modify custodY/of Taylor Lee Yohn who currently resides with Plaintiff at 405 Greenspring Road, Newville, Cumberland County, Pennsylvania and whose date of birth is June 19, 2003. 4. On July 13, 2004, a Temporary Order of the Court was entered granting shared legal custody to Plaintiff and Defendant and primary physical custody to Plaintiff with Defendant having partial custody. (A true and correct copy of the Court Order is attached hereto). 5. Plaintiff believes that it would be in Taylor's best interests and permanent welfare to maintain the shared legal custody between Plaintiff and Defendant; continue with Mother having primary custody of Taylor and amending Father's partial physical custody as stated below. 6. Taylor's best interests and permanent welfare is served by allowing her to remain with her Mother because: Since the last Custody Conference, Father has had minimal contact with Taylor since the last conference. Therefore, Mother believes that any future visits with Father should be supervised until he begins to have regular contact with Taylor. WHEREFORE, Plaintiff requests a Custody Conference to review this matter and to enter an Order in the best interests of the child. Respectfully submitted, andra L. Meilton, I. D. No. 32551 TUCKER ARENSBERG, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF VERIFICATION I, the undersigned, Jennifer L. Yohn, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: 73060.1 JENNIFER L. YOHN : PLAINTIFF : V. : TODD M. YOHN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO1UNTY, PENNSYLVANIA 03-5728 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 02, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, January 04, 2005 at 11:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will he 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 are 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, Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours I~rior to scheduled hearing. FOR THE COURT, By: /s/ Melt'ssa P. GreevE, Esq. rnhc Custody Conciliator The Court of Common Pleas of Cumberland County is requiredl 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 TI-IlS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TI-~ 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 o JAN 1 3 2005 ^ / f"~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5728 CIVIL TERM TODD M. YOHN, v. CIVIL ACTION - LAW JENNIFER L. YOHN, IN CUSTODY Defendant HESS, J. --- ORDER OF COURT AND NOW, this I 'f' day of January, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's prior Orders are VACATED and replaced with the following: 2. Leaal Custody. The parties, Todd M. Yohn and Jennifer L. Yoho, shall have shared legal custody of the minor child, Taylor Lee Yohn, born June 19, 2003. 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 her health, education and religion. Pursuant to the terms of Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child 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. Phvsical Custodv. Mother shall have primary physical custody of the minor child subject to Father's rights of partial custody which shall be arranged as follows: A. Effective January 8, 2005, on alternating weekends from Saturday at 10:00 a.m. to Sunday at 6:00 p.m. B. At such other times as the parties may agree. 4. For the first four (4) months of Father's periods of custody under this Order, Father's visits shall be supervised by the Paternal Grandparents, Marlin and Denise Yohn. The following two (2) months shall be a period of "modified supervised" periods of partial custody with Father spending some parts of his custodial weekend visits with the child and away from the Paternal Grandparents home. O~) :3 r." J l-i' ".,..1'" ~ ,~ ';; \ -- NO. 03-5728 CIVIL TERM 5. The parties shall keep each other informed of their present telephone numbers and addresses and notify each other of any changes therein within seven (7) days of any change which may occur. 6. Holidavs. The following holiday schedule shall supersede the regular schedule. A. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at noon until December 25th at noon. Segment B shall be from December 25th at noon until December 26th at noon. In even numbered years, Mother shall have Segment A and Father shall have Segment B. In odd numbered years, Father shall have Segment A and Mother shall have Segment B. B. Easter and Thanksaivina. Easter and Thanksgiving shall be divided into two segments. Segment A shall be from 9:00 a.m. to 2:00 p.m. Segment B shall be from 2:00 p.m. to 6:30 p.m. In even numbered years, Father shall have Segment A of Easter and Segment B of Thanksgiving and Ml::lther shall have Segment B of Easter and Segment A of Thanksgiving. In odd numbered years, Mother shall have Segment A of Easter and Segment B of Thanksgiving and Father shall have Segment B of Easter and Segment A of Thanksgiving. C. Alternatina Holidavs. The parties shall alternate Memorial Day, Independence Day, and Labor Day, commencing with Father having custody for Memorial Day, 2005. D. Summer. The parties shall have periods of custody each summer for purposes of vacation, as they may arrange by their mutual agreement. 7. TransDortation. Unless otherwise agreed, the parents shall share transportation by having the parent receiving custody provide transportation incident to the custodial exchanges. NO. 03-5728 CIVIL TERM 8. In the event that Father has not completed the parent-education class ordered previously, Father will participate in a parent-education class focusing on the parenting needs of a nineteen (19) month old child. BY THE COURT: Dis\: Todd M. YOhn, 536 Mumper Lane, Dillsburg, PA 17019 ) . Sandra L. Meillon, Esquire, PO Box 889. Harrisburg, P 17108 t~, /l'V\.<c.dul J- J I' ,of /_.-\ ~' .fti