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HomeMy WebLinkAbout08-2820JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff RICHARD VAZQUEZ, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. O P- 4 ?o CtLd TARYN YOHN, CIVIL ACTION - AT LAW CUSTODY COMPLAINT IN CUSTODY AND NOW, comes Plaintiff, Richard Vazquez, by and through his attorney, Jeanne B. Costopoulos, Esquire, and avers the following in support of this Complaint in Custody: 1. Plaintiff, Richard Vazquez, is an adult individual currently residing at 31 Queen Avenue, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant, Taryn Yohn, is an adult individual currently residing at 818 W. Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. There are two dependent children from the relationship of the parties, namely Blaze Yohn, born July 4, 2002, and Storm Vazquez, born July 5, 2004, hereinafter referred to as the children. 4. The parties are not married. The children were born out of wedlock. The parties have been separated for approximately two weeks as of the date of this Complaint. 5. For the past two weeks, the children have been residing with Defendant at 818 W. Trindle Road, Mechanicsburg, Pennsylvania, 17055, with Plaintiff having some visitation. 6. During the past five (5) years, the children resided with both Plaintiff and Defendant at 1 V 818 W. Trindle Road, Mechanicsburg, Pennsylvania, 17055. The children have resided with Defendant only at 818 W. Trindle Road, Mechanicsburg, Pennsylvania, 17055, since April 12, 2008. 7. Plaintiff is the natural father of the children and he currently resides with his mother, his sister, and his two nieces, at 31 Queen Avenue, Enola, Pennsylvania, 17025. 8. Defendant is the natural mother of the children and she currently resides with the children at 818 W. Trindle Road, Mechanicsburg, Pennsylvania, 17055. 9. Plaintiff has not participated as a parry or a witness, or in any other capacity in other litigation concerning the custody of the children in this or any other Court. 10. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 11. Plaintiff does not know of a person not a parry to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 12. The best interest and permanent welfare of the children will be served by granting Plaintiff shared physical and legal custody of his children. 13. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff, Richard Vazquez, respectfully requests this Honorable Court to grant him shared physical and legal custody of his children. 2 Y Respectfully Submitted: By: JEVNE' B. COSTOPO ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 /Z Attorney for Plaintiff Date: 3 VERIFICATION I, Richard Vazquez, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn verification to authorities. Date: Gy LT eg i?' tcnaTa v azquez (7 ?9- - r.,a o l t n?.. UI w 7 t r? L.- RICHARD VAZQUEZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TARYN YOHN DEFENDANT 2008-2820 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 07, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 29, 2008 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard 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; Is/ Jacqueline M. Verney, 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 17013 Telephone (717) 249-3166 ivlNVAIASNN3d LI .Z Wd 8- AVW 8OQZ 1&10&% Odd "L .40 318 A JUN 112008,?4 RICHARD VAZQUEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-2820 CIVIL ACTION - LAW TARYN YOHN, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 164 - day of lm?? , 2008, upon consideration of the attached Custody Concili on Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. , of the Cumberland County Court House, on the 041 day of , 2008, at 1'. 30 o'clock, A. M., at which time testimony will take For purposes of this Hearing, the Father shall be deemed to be the moving parry 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. Pending further Order of Court or agreement of the parties, the following shall remain in full force and effect. 3. The Father, Richard Vazquez and the Mother, Taryn Yohn, shall have shared legal custody of Blaze Yohn, born July 4, 2001 and Storm Vazquez, born July 5, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. Blaze shall continue to attend the Mechanicsburg School District. 4. The parties shall have shared physical custody on the following schedule: A. Father shall have physical custody of the children beginning Tuesday, June 10, 2008 and alternating weekly from Tuesday at 5:00 p.m. to Thursday at 6:00 p.m. On the alternate week, Father shall have physical custody of the children from Tuesday at 5:00 p.m. to Sunday at 6:00 p.m., and alternate this period weekly. B. Mother shall have physical custody of the children all other times unless otherwise noted in this Order. 5. Transportation shall be shared such that the receiving party shall transport. 6. Each party shall have a block of time with the children on the children's birthdays. 7. HolidaysNacations shall take precedence over other periods of physical custody as follows: A. B. C. D. E. Memorial Day shall be alternated by the parties with Mother having odd numbered years and Father having even numbered years. Labor Day shall be alternated with Father having even numbered years and Mother having odd numbered years. Thanksgiving and Easter shall be shared with Mother having physical custody of the children from 9:00 a.m. to 3:00 p.m. and Father having physical custody of the children from 3:00 p.m. to 9:00 p.m. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon Christmas Eve to 12:00 noon Christmas Day and Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. Each party shall have two non-consecutive weeks of vacation provided they give the other party 30 days prior notice. For 2008 Mother is exercising one weed from August 17 to August 24 and Father is exercising one week from November 22 to November 29. 8. The parties shall have liberal telephone contact with the children. 9. Neither party may drink alcohol to the point of intoxication or use illegal drugs immediately prior to or during their period of physical custody. 10. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. cc! Jeanne B. Costopoulos, Esquire, counsel for a het -111 ryn Yohn, pro se 818 W. Trindle Road Mechanicsburg, PA 17055 J s s rrn7 t LL ? ? ? _ ? r ? t1-- ?Y- ,.-? fs??J . _^ . ?? 4?+'?+y ?.. '? ?? ?.)1u i.?71?-- ? ? ?",^7 ?+"? RICHARD VAZQUEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-2820 CIVIL ACTION - LAW TARYN YOHN, Defendant : IN CUSTODY PRIOR JUDGE: None 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Blaze Yohn July 4, 2001 Mother Storm Vazquez July 5, 2004 Mother 2. A Conciliation Conference was held June 10, 2008 with the following individuals in attendance: The Father, Richard Vazquez, with his counsel, Jeanne B. Costopoulos, Esquire, and the Mother, Taryn Yohn, pro se. 3. Father's position on custody is as follows: Father seeks shared legal and shared physical custody. Father asserts that when the parents lived together they shared the care of the children. Father plans on moving to another residence that will accommodate the children. Although the new residence is in Dauphin County, Father is willing to have his mother transport the children to school in Mechanicsburg. Father is off from work every Wednesday and Thursday and alternating weekends. 4. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody with Father having alternating weekends and one overnight per week. Mother works Monday through Friday, 8:00 a.m. to 5:00 p.m. An aunt baby sits the children when Mother is not available. Mother objects to shared physical custody citing Father's lack of a driver's license. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and recommending shared legal and shared physical custody. It is expected that the Hearing will require one day. (0-to-08 Date Jacq line M. Verney, Esquire Custody Conciliator RICHARD VAZQUEZ :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :NO.2008-2820 CIVIL ACTION - LAW TARYN YOHN Defendant :IN CUSTODY MOTION FOR CONTINUANCE AND NOW, Tuesday, July 1, 2008, 1 am asking for you to consider postponing the custody hearing scheduled Thursday, July 3, 2008. 1 am making this request due to the fact that I, Taryn Yohn, will not be able to be represented properly by counusel due to the unavailability of my attorney on the scheduled hearing date. I spoke with the opposing parties attorney, Jeanne B. Costopoulos, and she does not oppose to postponing the hearing to another date. Respectfully Submitted: By: TAFVYN YOHX 818 W. Trindle Road Mechanicsburg, PA 17055 Telephone No. (717)350-3062 ?- ; ..-? C ;.-yZ -? f"" _? _°? i :, ,a_? -_?.- .- ..-- ' r'ii . ?,? ??? .-.- ?" ?? ? ''a C? , I RICHARD VAZQUEZ, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TARYN YOHN, ; DEFENDANT 08-2820 CIVIL TERM ORDER OF COURT AND NOW, this day of July, 2008, upon motion of defendant for a continuance, unopposed by counsel for plaintiff, the custody hearing scheduled for July 3, 2008, is cancelled and rescheduled to commence at 8:45 a.m., Thursday, August 14, 2008, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. Jeanne Costopoulos, Esquire For Plaintiff ---T'aryn Yohn, Pro se sal ??es m5.?lsd_, 7/3/os Edgar B. Bayley, J. tom. JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff RICHARD VAZQUEZ, : THE COURT OF COMMON PLEAS OF plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 08-2820 CIVIL TERM TARYN YOHN : CIVIL ACTION - AT LAW : CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, come the parties, Richard Vazquez, PlaintA and Taryn Yohn, Defendant, and respectfully request the following Stipulation to be entered as an Order of Court: WHEREAS the parties, Richard Vazquez (the Father hereinafter) and Taryn Yohn (the mother hereinafter), have born to them two (2) children, namely Blaze Yohn, born July 4, 2001, and Storm Vazquez, born July 5, 2004 (the children hereinafter); and, WHEREAS, both parties desire to enter into a comprehensive custody stipulation and agreement setting forth the physical and legal custody arrangements for the children, and WHEREAS, both parties have been provided an opportunity to review this Stipulation with counsel prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. LEGAL CUSTODY: Each parent shall have an equal right, to be exercised jointly 1 with the other parent, to make all major non-emergency decisions affecting the children's general well-being, including, but not limited to, all decisions regarding their health, education, and religion. Pursuant to the terms of 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents, including but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. PHYSICAL CUSTODY: The parties shall have shared physical custody of the children on the following schedule: A. Every week, Mother shall have physical custody of the children beginning Sunday at 6:00 p.m. through Tuesday at 5:00 p.m. 2 B. Every week, Father shall have physical custody of the children beginning Tuesday at 5:00 p.m. through Thursday at 6:00 p.m. C. The parties exchange custody of the children on an alternating weekend basis. The weekend shall be defined as being from Thursday at 6:00 p.m. through Sunday at 6:00 p.m. beginning with Father having custody on Thursday, July 31, 2008 and alternating weekends thereafter. 3. TRANSPORTATION: Transportation shall be shared such that the receiving party shall transport. 4. HOLIDAYS: The parties shall share custody of the children on major holidays as follows: A. Easter Mother shall have custody of the children from 9:00 am. to 3:00 p.m. and Father shall have custody of the children from 3:00 p.m. until 9:00 p.m. B. Mother's Day/Father's Day: Mother shall have custody of the children every Mother's Day from 9:00 am. until 9:00 p.m.. Father shall have custody of the children every Father's Day from 9:00 am. until 9:00 p.m. C. Memorial Day Mother shall have custody of the children in all odd numbered years and Father shall have custody in all even numbered years from 9:00 am. until 9:00 p.m. D. Labor Day Mother shall have custody of the children in all odd numbered years and Father shall have custody in all even numbered years from 9:00 am. until 9:00 p.m. E. Children's Birthdavs Each party shall have a block of time with the children on the 3 children's birthdays. F. Thanksgiving Mother shall have custody of the children from 9:00 a.m. to 3:00 p.m. and Father shall have custody of the children from 3:00 p.m. until 9:00 p.m. G. Christmas: Father shall have custody of the children in all odd numbered years and Mother shall have custody in all even numbered years from Christmas Eve at noon until Christmas Day at noon. Mother shall have custody of the children in all odd numbered years and Father shall have custody in all even numbered years from Christmas Day at noon until the day after Christmas at noon. H. The holiday schedule shall supersede and take precedence over the regular custody 5. VACATION: In 2008, Mother is exercising vacation from August 17 through August 24 and Father is exercising vacation from November 22 to November 29. Each party shall have two non-consecutive weeks of exclusive custody of the children each calendar year on giving of thirty (30) days notice to the other party. A week is defined as at seven consecutive days and shall include the vacationing party's scheduled custody weekend. 6. TELEPHONE CONTACT: The parties shall have liberal telephone contact with the children. 7. VOLUNTARY EXECUTION AND FAIRNESS OF THE AGREEMENT: Each party acknowledges that this Custody Stipulation has been entered into by his or her own volition, with full knowledge of the facts and fiull information as to his or her legal rights, each party having been provided ample opportunity to discuss with the counsel of 4 his or her choice the effect of the terms of this Custody Stipulation and that each believes this Custody Stipulation to be reasonable and in the best interest of the children under the circumstances and not the result of any duress or undue influence. 8. SUPERSEDEAS OF PRIOR COURT ORDERS: This Stipulation shall supersede all prior Court Orders, Stipulations, or Agreements. 9. ENTRY AS AN ORDER OF COURT: It is the intention of the parties that this Custody Stipulation may be entered as an Order of Court, as if a full hearing had been held thereon and enforced pursuant to the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act. IN WITNESS THEREOF, and intending to be legally bound thereby, the parties hereto have hereunto set their hands and seals and the date of their acknowledgment. Date: G ? o y Signature: s Richard Vazquez Date:A_(_t9 Signature: ? aryn n 5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF a,. k I-4 NO BEFORE ME, the undersigned authority, on this day personalty appeared Richard VaRur7, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 17 day of uah .2009. COMMONNYEALTH OF PEEN NYANIA NOTARIM.SEAL KM A. BM M NOTARY PUBLIC MY COMMISSbN EXPIRES MAY 23,02 dlazAa Q- &a. dJ CAME BOROl10K CUMBERLAND COLM Notary PuSlic in and for Commonwealth of Pennsylvania Typed or printed none of Notary: A(ALAV A Ayrhkiit My commission expires:.s - c13- a 0-13 COMMONWEALTH OF PENNSYLVANIA COUNTY OF evy der k U,0 BEFORE ME, the undersigned authority, on this day personally appeared Taryn Yohn, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 17 day of 2008. COMMONWEM 3H OF PEN BVl1/MM NOTARIAL SM KATHY& BUROM NOTARYPUBW CARUSIE IDROUGH, CUMBERLAND COUNTY MY COMMISSION EXPIRES MAY 23,2012 ., Q ? L;e N Publ in and for Commonwealth of Pennsylvania Typed or printed name of Notary: ?ja11/w A d ur Ke.L My commission expires: %?r• d3 Axs 1`t?, V W" ? .yt c ? rf y,s ? ) ? ?. m _-Z7 F RICHARD VAZQUEZ, Plaintiff VS. TARYN YOHN J U L 3 0 61 : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2820 CIVIL, TERM : CIVIL ACTION - AT LAW : CUSTODY ORDER OF C AND NOW, this day of .I 2008, upon consideration of the within STIPULATION FOR CUSTODY, which is incorporated herein by reference, IT IS HEREBY ORDERED AND DECREED that the contents of said Stipulation are hereby adopted as an Order of Court with fiill weight and effect as if they had been set forth in full hereWer. Any and all prior Orders in this matter are hereby vacated. 41 a f JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff RICHARD VAZQUEZ, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 08-2820 CIVIL TERM TARYN YOHN CIVIL ACTION - AT LAW CUSTODY PETITION FOR SPECIAL RELIEF AND TO MODIFY CUSTODY AND NOW, comes Plaintiff, Richard Vazquez, by and through his attorney, Jeanne B. Costopoulos, Esquire, and avers the following in support of this Petition for Special Relief and to Modify Custody: 1. Plaintiff, Richard Vazquez, hereinafter referred to as "Father", is an adult individual currently residing at 601 Redwood Road, Harrisburg, Dauphin County, Pennsylvania, 17109. 2. Defendant, Taryn Yohn, hereinafter referred to as "Mother", is an adult individual currently residing at 818 W. Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. There are two dependent children from the relationship of the parties, namely Blaze Yohn, born July 4, 2002, and Storm Vazquez, born July 5, 2004, hereinafter referred to as the children. 4. The parties are subject to an agreed upon custody order signed by the Hon. Edgar B. Bayley on July 31, 2008. Said Order is attached as Exhibit A. 5. Father seeks to special relief and modification of the July 31, 2008 for the following reasons: A. Mother is suffering from a serious alcohol problem. Mother drinks to excess on a daily basis. It is not uncommon for Mother to drink a half to three quarters of a bottle of whiskey in one evening. Mother sometimes calls off work from drinking the night before then begins drinking again that same afternoon. B. On December 1, 2008, Father spoke to Mother on the phone and Mother was intoxicated. Father was concerned for the children, so he went to Mother's home. Mother was drunk and unable to care for the children so Father made the children dinner and gave them baths. Mother started belligerently threatening Father stating that she was going to kill Father and Father's mother and telling Father that it was his fault that the kids are all stupid. Father asked Mother if he could take the children with him since she had been drinking too much. Mother denied that she was intoxicated, despite the fact that Father had to help her up the stairs shortly prior to their conversation. Mother became belligerent again and Father went home then called the Silver Spring Township Police Department. When police arrived at the house, Mother was too drunk to hear police pounding on the door. The parties' son, Blaze, age 7, was in his room in the attic when he heard the pounding and he was one who opened the door for the police. Shortly thereafter, police contacted Father to come retrieve the children due to Mother's intoxicated condition. C. Blaze, who is 7 years old, is beginning to show signs of emotional issues as a result of Mother's immature drunken ramblings. Mother will incessantly tease Blaze to such a degree that he yells for her to stop and storms out and slams his door and hides in his room. D. Mother's drunkenness results in the children being left unattended and unfed while in Mother's custody. In addition, she is unable to properly bathe the children and does not monitor or enforce proper bedtime on school nights due to her staying up late drinking. In short, Mother's care of the children is inconsistent and lacking in structure. 6. In light of the above, Father requests that Mother's periods of shared custody be temporarily suspended and that she be required to submit to a comprehensive alcohol evaluation. Father further requests that Mother be required to take a parenting class to learn how to properly care for the children while they are in her custody. 7. Undersigned counsel has mailed a copy of the instant petition to Mother, who is not represented by counsel. It is anticipated that Mother opposes the requested relief. WHEREFORE, Father respectfully requests this Honorable Court to enter an Order temporarily suspending Mother's periods of shared custody until such time as she obtains treatment for her alcohol problems. Respectfully Submitted: By: JEANNE B. COSTOPOUL F,SQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Date: 2 l Telephone No. (717) 221-0900 Attorney for Plaintiff/Petitioner VERIFICATION I, Richard Vazquez, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: Richard Vazquez CERTIFICATE OF SERVICE I, Jeann6 B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Taryn Yohn 818 W. Trindle Road Mechanicsburg, PA 17055 By: NNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Date: Attorney for Plaintiff /?? ? EXHIBIT A JUL. 3 0, 2008 RICHARD V AZQUEZ, : THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs' No_ 08-2820 CIVIL TERM TA.R.YN YO1J : CIVIL ACTION - AT LAW : CUSTODY ORDER OF COURT AND NOW, day of ?-?-? 2008, upon consideration of the within- STIPULATION FOR CUSTODY. which is incorporated herein by reference, IT IS HEREBY ORDERED AND DECREED that the contents of said Stipulation are hereby adopted as an Order of Court with full weight and effect as if they had been set forth in full hereinafter. Any and all prior Orders in this matter are hereby vacated. BY THE COURT: *a6f dd- J. z. r ?i '77 JEANA B COSTOPOULOS ESQUIRE . , Attorney I.D. No. 68735 i. - 5000 Ritter Road, Suite 202 - Mechanicsburg, PA 17055 = Telephone No. (717) 221-0900 r=;=' Attorney for Plaintiff - ' RICHARD VAZQUEZ, : THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 08-2820 CIVIL TERM TARYN YOHN CIVIL ACTION - AT LAW CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, come the parties, Richard Vazquez, Plaintiff, and Taryn Yohn, Defendant, and respectfully request the following Stipulation to be entered as an Order of Court: WHEREAS the parties, Richard Vazquez (the Father hereinafter) and Taryn Yohn (the Mother hereinafter), have born to them two (2) children, namely Blaze Yohn, born July 4, 2001, and Storm Vazquez, born July 5, 2004 (the children hereinafter); and, WHEREAS, both parties desire to enter into a comprehensive custody stipulation and agreement setting forth the physical and legal custody arrangements for the children; and WHEREAS, both parties have been provided an opportunity to review this Stipulation with counsel prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. LEGAL CUSTODY: Each parent shall have an equal right, to be exercised jointly 1 with the other parent, to make all major non-emergency decisions affecting the children's general well-being, including, but not limited to, all decisions regarding their health, education, and religion. Pursuant to the terms of 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents, including but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each Parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. PHYSICAL CUSTODY: The parties shall have shared physical custody of the children on the following schedule: A. Every week, Mother shall have physical custody of the children beginning Sunday at 6:00 p.m. through Tuesday at 5:00 p.m. 2 B. Every week, Father shall have physical custody of the children beginning Tuesday at 5:00 p.m. through Thursday at 6:00 p.m. C. The parties exchange custody of the children on an alternating weekend basis. The weekend shall be defined as being from Thursday at 6:00 p.m. through Sunday at 6:00 p.m. beginning with Father having custody on Thursday, July 31, 2008 and alternating weekends thereafter. 3. TRANSPORTATION: Transportation shall be shared such that the receiving party shall transport. 4. HOLIDAYS: The parties shall share custody of the children on major holidays as follows: A. Easter Mother shall have custody of the children from 9:00 am. to 3:00 p.m. and Father shall have custody of the children from 3:00 p.m. until 9:00 p.m. B. Mother's Day/Father's Day: Mother shall have custody of the children every Mother's Day from 9:00 a.m. until 9:00 p.m.. Father shall have custody of the children every Father's Day from 9:00 am. until 9:00 p.m. C. Memorial Day Mother shall have custody of the children in all odd numbered years and Father shall have custody in all even numbered years from 9:00 a.m. until 9:00 Arn. D. Labor Dav Mother shall have custody of the children in all odd numbered years and Father shall have custody in all even numbered years from 9:00 a.m. until 9:00 p.m. E. Children's Birthdays Each party shall have a block of time with the children on the 3 children's birthdays. F. Thanksgiving Mother shall have custody of the children from 9:00 a.m. to 3:00 p.m. and Father shall have custody of the children from 3:00 p.m. until 9:00 p.m. G. Christmas: Father shall have custody of the children in all odd numbered years and Mother shall have custody in all even numbered years from Christmas Eve at noon until Christmas Day at noon. Mother shall have custody of the children in all odd numbered years and Father shall have custody in all even numbered years from Christmas Day at noon until the day after Christmas at noon. H. The holiday schedule shall supersede and take precedence over the regular custody 5. VACATION: In 2008, Mother is exercising vacation from August 17 through August 24 and Father is exercising vacation from November 22 to November 29. Each party shall have two non-consecutive weeks of exclusive custody of the children each calendar year on giving of thirty (30) days notice to the other party. A week is defined as at seven consecutive days and shall include the vacationing party's scheduled custody weekend. 6. TELEPHONE CONTACT: The parties shall have liberal telephone contact with the children. 7. VOLUNTARY EXECUTION AND FAIRNESS OF THE AGREEMENT: Each party acknowledges that this Custody Stipulation has been entered into by his or her own volition, with full knowledge of the facts and full information as to his or her legal rights, each party having been provided ample opportunity to discuss with the counsel of 4 his or her choice the effect of the terms of this Custody Stipulation and that each believes this Custody Stipulation to be reasonable and in the best interest of the children under the circumstances and not the result of any duress or undue influence. 8. SUPERSEDEAS OF PRIOR COURT ORDERS: This Stipulation shall supersede all prior Court Orders, Stipulations, or Agreements. 9. ENTRY AS AN ORDER OF COURT: It is the intention of the parties that this Custody Stipulation may be entered as an Order of Court, as if a full hearing had been held thereon and enforced pursuant to the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act. IN WITNESS TBEREOF, and intending to be legally bound thereby, the parties hereto have hereunto set their hands and seals and the date of their acknowledgment. Date: 1`? Signature: y Richard Vazquez Date: " Signature: T'?aryn Ydhn 5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ,, fas ?d BEFORE ME, the undersigned authority, on this day personally appeared Richard Vazquez, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this f J day of 2008. COMMONWEALTH OF PENNSYLYAMA NOTARIAL SEAL, KATHY A. BURI(ETT. NOTARY K" CARL k%E BOROUGH, CUMBERLAND COUNTY MY COMMISSION >:1( M MAY 23, 2012 COMMONWEALTH OF PENNSYLVANIA COUNTY OF t r ?, 11;1;A1,0 Notary Pic in and for Commonwealth of Pennsylvania Typed or printed name of Notary: My commission expires:-..!- z?3- - E BEFORE ME, the undersigned authority, on this day personally appeared Taryn Yohn, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 17 day of +- , 2008. .J COMMONWEALTH OF PENNS1f [,YANIA NOTARK SEAL KATWA. SURKETT, NOTARY PUBLO CARLISLE BOROUGH, CUMBERLAND COUNTY MY COMMISSION EXPIRES MAY 23, 2012 6 Notary PubM in and for Commonwealth of Pennsylvania Typed or printed name of Notary: KF My commission expires: •„ - ;F. ? n ? o 0 t? w h1l czs ? ? } -5 r`+? RICHARD VASQUEZ, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TARYN YOHN, DEFENDANT 08-2820 CIVIL TERM ORDER OF COURT AND NOW, this R* day of December, 2008, the petition for modification of custody is referred to conciliation. A hearing shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania on Thursday, December 18, 2008, at 8:45 a.m. on the petition for special relief to obtain an interim order temporarily suspending defendant's periods of physical custody with Blaze Yohn and Storm Vazquez pursuant to a custody order of July 31, 2008. By the.,-Court, / Edgar B. Bayley, J. eanne B. Costopoulos, Esquire For Plaintiff ?' ° yn Yohn J 818 W. Trindle Road Mechanicsburg, PA 17055 Court Administrator :sal I RICHARD VASQUEZ PLAINTIFF V. TARYN YOHN DF,FF,NDANT IN THE COURT F COMMON PLEAS OF CUMBERLAND C UNTY, PENNSYLVANIA 2008-2820 CIVILI ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, December 12, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thur day, January. 15, 2009 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be hear by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry f 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/ ac ueline M. erne E Custody Con iliator 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 facili ies 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 ATTO EY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TOO TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL, HELP. Cumberland County Bar A sociation 32 South Bedford St eet Carlisle, Pennsylvania 7013 Telephone (717) 249 3166 61 o t .4j, c? ! 330 OOOZ CT-71 H RICHARD VASQUEZ, II, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2008 - 2820 Civil Term TARYN YOHN, ACTION IN CUSTODY Defendant PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Taryn Yohn, Petitioner, by and through her counsel, Jane Adams, Esquire, and petitions the Court as follows: 1. Taryn Yohn, Petitioner, (hereinafter referred to as "Mother"), is the Defendant in the above-captioned matter, and is an adult individual currently residing at 818 W. Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Richard Vasquez, II, Respondent, (hereinafter referred to as "Father") is the Plaintiff in the above-captioned matter, it is believed he is either hospitalized or incarcerated. 3. The parties are the natural parents of two children, namely: Blaze Yohn, born July 4, 2001, and; Storm Vasquez, born July 5, 2004; 4. The parties are subject to an Order of Court dated July 31, 2008, which was a result of the parties' agreement. A copy of said Order and Stipulation is attached hereto and incorporated herein by reference as Exhibit "A". 5. On January 11, 2009, Father came to Mother's home and threatened her and attempted to kill himself while the children were in the home. Father subsequently was arrested and placed in the Holy Spirit Psychiatric Ward. It is believed he is either still hospitalized or incarcerated. 6. Mother is unaware as to how long Father will remain incarcerated; however, in any event, it is believed that Father is suicidal, in need of some serious mental health treatment and should not be permitted to have unsupervised periods of physical custody with the children until he has a psychiatric exam and undergoes the recommended treatment. 7. A substantial change of circumstances has occurred since the parties' prior agreement and subsequent Order because it is believed that Father is incarcerated and will remain incarcerated for a considerable period of time. Father is also in need of mental health treatment. 8. Mother is requesting that the current custody Order be modified to provide her with sole legal and sole physical custody. 9. It would be in the best interest of the children to modify this Order because a substantial change of circumstances has occurred and the children would not be safe in the physical custody of Father until his mental health issues are treated. 10. It is believed and averred that the best interest and permanent welfare of the children will be promoted by changes proposed in this custody petition because the modification will ensure the children's well being and safety. WHEREFORE, Plaintiff requests the court to hold a conciliation to examine issues regarding custody of the child. ly Date: r,/at d5 ie Adams, Esqu ri e . No. 79465 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF JUL q n 2008 RICHARD V,?ZQUEZ. : THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 08-2820 CIVIL 'T'ERM TARYN YOI : CWIL ACTION - AT LAW CUSTODY ORDER OF COURT AN-D NOW, this day of l t.? 2008, upon consideration of the `'"ice STIPUTLATION FOR CUSTODY, which is incorporated herein by reference, IT IS HEREBY ORDERED AND DECREED that the contents of said Stipulation are hereby adopted as an Order of Court with full weight and effect as if they had been set forth in fizIl hereinafter. Any and all prior orders in this utter are hereby vacated. BY THE COURT: JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff RICHARD VAZQUEZ, Plaintiff C-..= THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 08-2820 CIVIL TERM TARYN YOHN : CIVIL, ACTION - AT LAW : CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, come the parties, Richard Vazquez, Plaintiff, and Taryn Yohn, Defendant, and respectfully request the following Stipulation to be entered as an Order of Court: WHEREAS the parties, Richard Vazquez (the Father hereinafter) and Taryn Yohn (the Mother hereinafter), have bom to them two (2) children, namely Blaze Yohn, born July 4, 2001, and Storm Vazquez, born July 5, 2004 (the children hereinafter); and, WHEREAS, both parties desire to enter into a comprehensive custody stipulation and agreement setting forth the physical and legal custody arrangements for the children; and WHEREAS, both parties have been provided an opportunity to review this Stipulation with counsel prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. LEGAL CUSTODY: Each parent shall have ail equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being, including, but not limited to, all decisions regarding their health, education, and religion. Pursuant to the terms of 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents, including but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. PHYSICAL CUSTODY: The parties shall have shared physical custody of the children on the following schedule: A. Every week, Mother shall have physical custody of the children beginning Sunday at 6:00 p.m. through Tuesday at 5:00 p.m. 2 B. Every week, Father shall have physical custody of the children beginning Tuesday at 5:00 p.m. through Thursday at 6:00 p.m. C. The parties exchange custody of the children on an alternating weekend basis. The weekend shall be defined as being from Thursday at 6:00 p.m. through Sunday at 6:00 p.m. beginning with Father having custody on Thursday, July 31, 2008 and alternating weekends thereafter. 3. TRANSPORTATION: Transportation shall be shared such that the receiving party shall transport. 4. HOLIDAYS: The parties shall share custody of the children on major holidays as follows: A. Easter Mother shall have custody of the children from 9:00 a.m. to 3:00 p.m. and Father shall have custody of the children from 3:00 p.m. until 9:00 p.m. B. Mother's Day/Father's DR: Mother shall have custody of the children every Mother's Day from 9:00 a.m. until 9:00 p.m.. Father shall have custody of the children every Father's Day from 9:00 am. until 9:00 p.m. C. Memorial Day Mother shall have custody of the children in all odd numbered years and Father shall have custody in all even numbered years from 9:00 a.m. until 9:00 p.m. D. Labor Day Mother shall have custody of the children in all odd numbered years and Father shall have custody in all even numbered years from 9:00 a.m. until 9:00 p.m. E. Children's Birthdays Each party shall have a block of time with the children on the 3 children's birthdays. F. Thanks ivinsx Mother shall have custody of the children from 9:00 a.m. to 3:00 p.m. and Father shall have custody of the children from 3:00 p.m. until 9:00 p.m. G. Christmas: Father shall have custody of the children in all odd numbered years and Mother shall have custody in all even numbered years from Christmas Eve at noon until Christmas Day at noon. Mother shall have custody of the children in all odd numbered years and Father shall have custody in all even numbered years from Christmas Day at noon until the day after Christmas at noon. H. The holiday schedule shall supersede and take precedence over the regular custody 5. VACATION: In 2008, Mother is exercising vacation from August 17 through August 24 and Father is exercising vacation from November 22 to November 29. Each party shall have two non-consecutive weeks of exclusive custody of the children each calendar year on giving of thirty (30) days notice to the other party. A week is defined as at seven consecutive days and shall include the vacationing party's scheduled custody weekend. 6. TELEPHONE CONTACT: The parties shall have liberal telephone contact with the children. 7. VOLUNTARY EXECUTION AM FAIRNESS OF THE AGREEMENT: Each party acknowledges that this Custody Stipulation' has been entered into by his or her own volition, with full knowledge of the facts and full information as to his or her legal rights, each party having been provided ample opportunity to discuss with the counsel of 4 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: I f Z ?U a TaryYohn, titioner `rOr V 1? C CJ '? ~O ?„??^ p ?'4 ? , ?` ?? . ? C ? ,? ' _ '`? ..t-- ,,,? t'i't ?? -C' i EA •-C RICHARD VASQUEZ, II IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TARYN YOHN DEFENDANT 2008-2820 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, January 14, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, January 15, 2009 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Jaequeline M. Verney, 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 17013 Telephone (717) 249-3166 ?a 44v So 1100 3"uwm f ? tv t-"D a 5.9 acv ? i Nvr 60oz ?W? -bolhill JAN 16 2009 (n RICHARD VAZQUEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-2820 CIVIL ACTION - LAW TARYN YOHN, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ?t day of , 2009, upon consideration of the attached Custody Conc iation Rep, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. cR , of the Cumberland County Court House, on the 14 day of 2009, at 1,- 30 o'clock, P . M., at which time testimony will b taken. 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. Pending further Order of Court or agreement of the parties, the prior Order of Court dated July 31, 2008 shall remain in full force and effect with the following modifications and additions. 3. If Father is unavailable due to hospitalization, incarceration or any other reason, his periods of physical custody shall be suspended. 4. If Father is unavailable, Mother shall have primary physical custody of the children. 5. When Father is available, the previous custody schedule shall be in full force and effect except that Father's periods of custody shall be supervised by his Mother. Father must be present during his periods of physical custody. 6. Neither party is permitted to consume alcohol or illegal drugs either immediately before or during their periods of physical custody. 7. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc:?e e B. Costopoulos, Esquire, counsel for Father a eMams, Esquire, counsel for Mother U$Lr= ;z%' s i ? RICHARD VAZQUEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-2820 CIVIL ACTION - LAW TARYN YOHN, Defendant : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, P.J. 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Blaze Yohn July 4, 2001 Storm Vazquez July 5, 2004 shared shared 2. A Conciliation Conference was held January 15, 2009 with the following individuals in attendance: The Mother, Taryn Yohn, with her counsel, Jane Adams, Esquire, and Father's counsel, Jeanne B. Costopoulos, Esquire. 3. The Honorable Edgar B. Bayley previously entered an Order of Court dated July 31, 2008 providing for shared legal custody, and shared physical custody on a 2/2/3 schedule. Both parties have filed for Modification. 4. Father's position on custody is as follows: Father seeks shared legal and primary physical custody with Mother having alternating weekends. He alleges that Mother is an alcoholic and is unable to properly care for the children. Father however is currently inpatient at a psychiatric hospital. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having supervised visitation on alternating weekends. She maintains that after Father is released from the hospital, he will be incarcerated due to violating his parole. Mother denies having an alcohol problem. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing, granting Mother primary physical custody and when Father is available, reverting to the original schedule but with Father's Mother supervising his custodial time. It is expected that the Hearing will require one day. Date acq ine M. Verney, Esquire Custody Conciliator RICHARD VASQUEZ, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TARYN YOHN, DEFENDANT 08-2820 CIVIL TERM ORDER OF COURT AND NOW, this day of March, 2009, the matter having been called for a hearing and the parties having reached an interim agreement, IT IS ORDERED: (1) The provisions in the custody orders of July 31, 2008 and January 21, 2009, shall remain in place except for the actual physical custody schedule which shall be as follows: (a) Beginning on the weekend starting Friday, March 13, 2009, Richard Vasquez shall have Blaze Yohn, born July 4, 2001, and Storm Vazquez, born July 5, 2004, on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m., and alternating Saturdays on the other weeks from 3:00 p.m. to 6:00 p.m. provided that father provides transportation. (b) Once father has returned to work, he shall have the children on alternating weekends from Thursday at 6:00 p.m. to Sunday at 6:00 p.m., and on the off weeks on an optional weeknight to be arranged directly between the parents. (c) When the children are off school for the summer school break, father shall have them on alternating weeks from Tuesday at * _r 6:00 p.m. to Sunday at 6:00 p.m., and on the off week on Tuesday at 6:00 p.m. until Thursday at 6:00 p.m. (d) This schedule shall remain in place until the next hearing at 1:30 p.m., on Monday, August 24, 2009, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. (e) The parents shall obtain counseling for Blaze, and they shall cooperate with one another to make this happen. A'eann6 B. Costopoulos, Esquire For Richard Vazquez ) /-'J'ane Adams, Esquire For Taryn Yohn :sal C?oPie.s .wa?? Edgar B. Bayley, J. m ce) LLJ "D =4 _c' a, Uj act RICHARD VAZQUEZ, V. TARYN YOHN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 2820 CIVIL ACTION - LAW : IN CUSTODY Defendant ORDER OF COURT AND NOW, this D- day of 11"9472009, based on an agreement of the parties, it is hereby ORDERED and DECREED as follows: 1. The hearing scheduled for August 24, 2009 is continued generally. 2. The children, Blaze Yohn, born July 4, 2001, and Storm Vazquez, born July 5, 2004, shall all continue to attend Cumberland Valley School District. 3. During any such time that Father is not incarcerated and is not subject to house arrest, the parties shall follow the schedule of physical custody as provided in paragraphs (1)(b) and (1)(c)of the court's Order dated March 11, 2009, except that Father shall not be required to be working in order to exercise his periods of physical custody. 4. Father shall be responsible for providing transportation for the children to school on the mornings that he has physical custody. If at any time, Father cannot ensure that the children will be transported to school on a timely basis, he will relinquish physical custody of the children to Mother the evening before the school day by 7:00 p.m. 5. Both parties are directed to administer the children their prescribed medications in accordance with the instructions provided by the children's doctor. 6. During Father's period of incarceration the parties shall continue to share legal custody and Mother shall have sole physical custody. 7. At such time Father is released from prison and placed on house arrest, beginning with the first full Friday after Father has been released from prison, he shall have periods of partial physical custody with the children throughout the duration of his house arrest for every other weekend from Friday at 6:00 p.m. through Sunday at 6:00 p.m. 8. Once Father is released from house arrest, the prior schedule shall resume. 9. Either party will have the right to request that this matter be rescheduled for a prompt hearing before the court or for a custody conciliation conference. In such case, no additional pleadings or filing fees will be required provided said request for a hearing or conference is made on or before August 20, 2010. 10. All remaining provisions of this court's prior orders dated July 31, 2008, Januarv 21, 2009, and March 11, 2009 shall remain in effect. cc ? Jane Adams Esquire, for mother ,- 'Jeanne' Costopoulos, Esquire, for father N, ea ces, eK?,E LC aLtC? FIL%? Fl, CE 'i ,c . .''. 3A1?`f 2009 AUG' 24 AM 11: 2 5 ; ? ?:IA RICHARD VAZQUEZ, Plaintiff/Respondent V. TARYN YOHN, Defend ant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 2820 CIVIL ACTION - LAW IN CUSTODY MOTHER'S PETITION FOR CONTEMPT AND NOW comes the Defendant/Petitioner Taryn Yohn, by and through her Attorney, Jane Adams, and respectfully represents the following: 1. Petitioner is Taryn Yohn, (hereinafter referred to as "Mother") who currently resides at 818 W. Trindle Road, Mechanicsburg, Pennsylvania, 17013. 2. Respondent is Richard Vazquez, (hereinafter referred to as "Father"), who currently resides at 521 Coolidge, New Cumberland, Pennsylvania, 17070. 3. The parties are the natural parents of two children, namely, Blaze Yohn, born July 4, 2001 and Storm Vazquez, born July 5, 2004. 4. The parties are currently subject to an Order of Court, dated August 24, 2009, a copy of which is attached hereto as Exhibit A. 5. Paragraph 5 of the August 24, 2009 Order provides that "both parties are directed to administer the children their prescribed medications in accordance with the instructions as provided by the children's doctor." 6. The older child, Blaze, has been diagnosed with ADHD and has been prescribed the medication Concerta by his doctor to treat this condition. 7. The prescription instructions direct that this medication should be taken every day. If the prescription is not taken every day, then the medication is less or not effective. 8. Mother believes that Father has not been giving Blaze his medication because the child has told her the medication is not given to him on the weekends. 9. On or about Tuesday, October 6, 2009, Paternal Grandmother told Mother's Aunt that, 'they don't give Blaze his pill on the weekend because Blaze says it slows him down." 10. Mother is requesting that Father be found in Contempt of the August 24, 2009 Order and that he be directed to give Blaze Yohn all medications as prescribed by his doctor. 11. Mother believes that the relief requested is in the best interest of the child because the child needs to be given his medication on a regular basis in order for it be effective and in order for him to function at a proficient level at school. WHEREFORE, Petitioner, Taryn Yohn, respectfully requests that this Honorable Court set a hearing regarding her petition for Contempt in this matter. Respectfully submitted, Date: (e 1 Z??09 r e Adams, Esquire No. 79465 7 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR MOTHER TARYN YOHN or ORDER OF COURT AND NOW, this 1-' day of qy"'Y72009, based on an agreement of the RICHARD VAZQUEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008 - 2820 CIVIL ACTION - LAW TARYN YOHN, : IN CUSTODY Defendant parties, it is hereby ORDERED and DECREED as follows: 1. The hearing scheduled for August 24, 2009 is continued generally. 2. The children, Blaze Yohn, born July 4, 2001, and Storm Vazquez, born July 5, 2004, shall all continue to attend Cumberland Valley School District. 3. During any such time that Father is not incarcerated and is not subject to house arrest, the parties shall follow the schedule of physical custody as provided in paragraphs (1)(b) and (1)(c)of the court's Order dated March 11, 2009, except that Father shall not be required to be working in order to exercise his periods of physical custody. 4. Father shall be responsible for providing transportation for the children to school on the mornings that he has physical custody. If at any time, Father cannot ensure that the children will be transported to school on a timely basis, he will relinquish physical custody of the children to Mother the evening before the school day by 7:00 p. M. ?mg?rt? 5. Both parties are directed to administer the children their prescribed medications in accordance with the instructions provided by the children's doctor. 6. During Father's period of incarceration the parties shall continue to share legal custody and Mother shall have sole physical custody. 7. At such time Father is released from prison and placed on house arrest, beginning with the first full Friday after Father has been released from prison, he shall have periods of partial physical custody with the children throughout the duration of his house arrest for every other weekend from Friday at 6:00 p.m. through Sunday at 6:00 p.m. 8. Once Father is released from house arrest, the prior schedule shall resume. 9. Either party will have the right to request that this matter be rescheduled for a prompt hearing before the court or for a custody conciliation conference. In such case, no additional pleadings or filing fees will be required provided said request for a hearing or conference is made on or before August 20, 2010. 10. All remaining provisions of this court's prior orders dated July 31, 2008, January 21, 2009, and March 11, 2009 shall remain in effect. cc: Jane Adams, Esquire, for mother Jeanne' Costopoulos, Esquire, for father Dilidopy FROM ` tcb C saf my ha (h to To ommy WhAW1 #, 'I 'tore unto . rd the ?-teai -of sai'd IVOU p Car fis.la, ft!. Soo VERIFICATION I verify that the statements made in this Custody Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: (? Z Taohn, Petitioner ? 1 ?o? :t!tie_ F-f •a (-1, Ill 0r f Nr- ? ?4u TA,F?Y 2009OCT 29 NI 2: 04 ?a avpk"(Vy rY. L RICHARD VAZQUEZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-2820 CIVIL ACTION LAW TARYN YOHN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, November 09, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, December 03, 2009 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard 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 hearinLj. FOR THE COURT, By: /s/ ac ueline M. Verne Es q. Custody Conciliator 01 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 FORT[I 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 2r 9t'?`? 12 C.. t J. e ?bzc?< <?J &-?kf J. L)ez.LxY is ??1? JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff RICHARD VAZQUEZ, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. TARYN YOHN, Defendant :No. 08-2820 CIVIL TERM CIVIL ACTION - AT LAW CUSTODY FATHER'S ANSWER TO MOTHER'S PETITION FOR CONTEMPT AND FATHER'S COUNTER-PETITION FOR CONTEMPT AND FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes Plaintiff, Richard Vazquez, by and through his attorney, Jeanne B. Costopoulos, Esquire, and avers the following in support of this Father's Answer to Mother's Petition for Contempt and Father's Counter-Petition for Contempt and for Modification of Custody Order: FATHER'S ANSWER TO MOTHER'S PETITION FOR CONTEMPT 1. Admitted. 2. Denied. Father resides at 601 Redwood Street, Harrisburg, Dauphin County, Pennsylvania, 17109. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part; denied in part. It is admitted that the medication states on the bottle that the medication is to be taken once per day. No prescription instructions were provided to Father so he is unable to admit or deny the remainder of paragraph 7 of Mother's Petition. 8. Father cannot admit or deny what Mother does or does not believe or what the child has told Mother regarding the medication. By way of further answer, Father has always administered any medication Mother has provided to him for the child. 9. Denied. Paternal Grandmother has never told Mother's aunt that "they don't give Blaze his pill on the weekends because Blaze says it slows him down." 10. No answer required. 11. No answer required. FATHER'S COUNTER-PETITION FOR CONTEMPT AND FOR MODIFICATION OF CUSTODY ORDERS 12. Paragraphs 1 through 11 above are incorporated herein by reference as though fully set forth. 13. The parties are subject to an Order of Court dated August 24, 2009. 14. Mother has violated paragraph 5 of the August 24, 2009 Order as follows: a. Mother failed to provide sufficient medication for Blaze on November 17, 2009. b. Mother failed to provide any medication whatsoever for Blaze on November 24, 2009. 15. The final paragraph of the August 24, 2009 states that all remaining provisions of the court's prior orders dated July 31, 2008, January 21, 2009 and March 11, 2009 shall remain in effect. 16. Mother has violated paragraph 1 of the July 31, 2008 Order as follows: a. Mother has refused to share records or information or copies of records or information, including but not limited to a copy of the children's insurance card or information. b. Mother has refused to identify health care providers of the children. c. Mother has refused to discuss and select a counselor for Blaze, as recommended by the school. d. Mother has refused to provide the children's social security numbers to Father. e. Mother has refused to provide Father with copies of the children's birth certificates. f. Mother has repeatedly failed to notify Father of medical appointments relating to the children. 17. Father seeks modification of the July 31, 2008, January 21, 2009, March 11, 2009, and August 24, 2009 Orders as follows: a. Mother should be ordered to provide Father with sufficient medication for Blaze for all of Father's periods of partial custody for the upcoming month. b. Mother should be prevented from sending the medication in Blaze's backpack and should be ordered to provide the medication directly to Father. c. Since the parties share physical custody of the children, Father desires that he be permitted to claim Blaze for tax purposes every year until such time as neither party is eligible to claim him at which time he desires that he be permitted to claim Storm for tax purposes in alternating years. WHEREFORE, Father respectfully requests this Honorable Court to enter an Order incorporating the additional provisions set forth more particularly above. Respectfully Submitted: By: JE NE B. COSTOPOULOS, ESQUIRE Date Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ?/? Attorney for Plaintiff VERIFICATION I, Richard Vazquez, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: I! ?? Richard Vazquez CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Jane Adams, Esquire 17 W. South Street Carlisle, PA 17013 By: NE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff Date: 2CC}3 f'0 't 30 PI-i ?: 0 0 W ` RICHARD VAZQUEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-2820 CIVIL ACTION - LAW TARYN YOHN, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of 1 , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties' Petitions for Contempt are hereby withdrawn. 2. All medication shall be exchanged between adults. 3. Father shall administer all medication provided by Mother. 4. Mother shall provide copies of the children's health insurance cards, birth certificates and social security cards within five days of this Order. 5. This Order is entered pursuant to an agreement of the parties at 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. Z-,- cc J Adams, Esquire, Counsel for Mother Jeanne Costopoulos, Esquire, Counsel for Father W RICHARD VAZQUEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-2820 CIVIL ACTION - LAW TARYN YOHN, Defendant : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, P.J. 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Blaze Yohn July 4, 2001 shared Storm Vazquez July 5, 2004 shared 2. A Conciliation Conference was held in this matter on December 15, 2009, with the following individuals in attendance: Mother, Taryn Yohn, with her counsel, Jane Adams, Esquire and Father, Richard Vazquez, with his counsel, Jeanne Costopoulos, Esquire. 3. The Honorable Edgar B. Bayley, President Judge, entered Orders of Court dated August 24, 2009 and March 11, 2009 providing for shared legal and physical custody, and a provision that Father was to administer the child's medication. 4. The parties agreed to the entry of an Order in the form as attached. Date acqu ine M. Verney, Esquire Custody Conciliator `; VV66 F' 01/04/2012 19:21 7175919065 ?. CCST^P^L"_^S PAGE @2 THE COURT OF COMMON PLEAS 012 1-2 RICHARD VAZQUE7, tiff CUMBERLAND ('01JNTY PENNS'ggw Pl i ...? z?, , a n m x x. r 1n --- p vs. : No. 08-2820 CIVIL TERM -<A cn gy „ C) TARYN YOHN : CIVIL ACTION - AT LAW z 3 CUSTODY C CDC PETTITON FOR SPECIAL RELIEF -< N PQ AND NOW, the Plaintiff, Richard Vazquez, by and through his attorney, Je:annd B. Costopoulos* Esquire, makes the following Petition for Special Relief: 1. The Plaintiff, Richard Vazquez ("Father" hereinafter), is an adult individual who currently resides at 217 S. 15th Street, Camp Hill, Cumberland County, Pennsylvania, 17011.- 2. The Defendant., Taryn Yohn ("Mother" hereinafter), is an adult individual who currently resides at 818 W. Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania, 1.7055. 3_ The parties have two dependent children, namely Blaze Yohn, born July 4, 2001, and. Stour, Vazquei, boric July 5, 2004 ('thc children" hereinafter). 4. The parties are subject to several orders of court datsd Jnly 11, 2008, January 21, 2009, March 11, 2009, August 24, 2009, and December 15, 2009. 5. On December 24, 201. 1, Mother refused to provide Father with custody as required pursuant to paragraph 4.G of the July 31, 2008 order. 6. In the early evening of December 24,'2011, Mother was completely unconscious as a result of being intoxicated from alcohol, directly in violation of paragraph 6 of the January 21, a -957t3.00 3,9 01/04/2012 19:21 7175919065 ?. CCSTOPOLII_^S PAGE 03 2009 order which states: "Neither party is permitted to consume alcohol or illegal drugs either immediately before or during their periods of physical custody." 7. The children were afraid to call Father due to prior incidents where they were physically punished for showing affection towards Father. 't'herefore, when the children could not successfully wake up Mothcr they walked over a mile down a busy street at nigl:it.4i Ulu cold to the home of their maternal grandparents who reside at 13 Rogestown Road in Mechanicsburg. See attached Exhibits A. and B. 8. When the children arrived at their grandparents' house, no one was home and they sat on the porch. alone until the grandparents arrived home from the American Legion around 8:30 p.m. and discovered the children on the porch. 9. Children & Youth Services received the referral on December 25, 2011 that the children walked a mile down the road after Mother passed out from drinking too much. 10. Shelly Barrick separately interviewed the children on December 29, 2011 at which. time tlicy cunfirmed the events of December 24, 2011 as well a$ revealed other disturbing information regarding Mother's drunken and neglectful behavior, including ont of tic children claiming to have been thrown by Mother and the other claiming to have been hit by Mother. Ms. Banick also interviewed Mother who confirmed that she was having some difficulties and said she was temporarily willing to let the children stay with. Father. Ms. Barrick has indicated that she will be available to provide testimony at a hearing. Children & Youth has previously been involved with these parties. 11. The children have also told Father that Mother has been hitting them and has been 2 01/04/2012 19:21 7175919065 ?. C^ST^P^'_ ^S PAGE ON punishing them if they do not tell Father that they do not love him and has been telling them that Father is stealing her money for obtaining a child support order against her. 12. Currently, the children are terrified at the thought of being returned to Mother. Father fears they are suffering from a form a Post Traumatic Stress Disorder and believes it would be cruel to force them to return in their current mental state. Fathcr desires court approval to immediately nhtain psychological evaluations and counseling for the children. 1.3. The children have no peace when with Mother and Mother should not be alone with the children until such time as the children feel safe as determined by a child psychologist. 14. Father is seeking an order temporarily suspending Mother's contact with the children pending psychological evaluations of the children and a drug and alcohol evaluation and/or psychological evaluation of Mother. Father believes it would be best if Mother's contact was limited to that suggested by the child psychologist who will be working with the children in concert with Mother's counselor. 15. The parties previously appeared before the Honorable Edgar B. Bayley who signed all prior orders in this matter. 16. Undersigned counsel contacted counsel for Mother, Jane. AdAm.s, Esquire., who indicated that her client is opposed to the relief requested herein. WHEREFORE, Father respectfully requests that Mother's rights of custody be immediately suspended and that she be ordered to obtain a comprehensive drug and alcohol evaluation and see a counselor on a regular basis and that the results be shared with counsel for Father and the court. Father further requests an interim order granting hire primary physical and sole legal custody 3 subject to periods of supervised visitation with Mother as jointly directed by the children's counselor and Mother's counselor pending a full hearing. Respectfully Submitted: By: JEA B. COSTOPOULOS, ESQU-IRK Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Date: / (?2 Attorney for Plaintiff 4 VERIFICATION I, Richard Vazquez, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn verification to authorities. Date: Richard Vazquez CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person indicated below by depositing a copy of the same with the United States Post Office through first class mail, prepaid, and addressed as follows: Jane Adams, Esquire 17 West South Street Carlisle, PA 17013 By: JEANNE B. COSTOPO ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff Date: `2 E X HIB j T A 1( ... iaps.google.com/maps?f=d&source=s-d&saddr--818+W+Trindle+Rd,+M 141.2 818 W Trindle Rd, Mechanicsburg, PA 17055 to 13 Hogestown Rd, Mechani... tip? 818 W Trindle Rd, Mechanicsburg, PA 17055 641 1. Head east on PA-641 E/W Trindle Rd toward Longmeadow St Continue to follow PA-641 E About 1 min 41 2. Turn left onto N York St About 2 mins 1?4 3. Continue onto PA-114 W/Hogestown Rd 4 13 Hogestown Rd, Mechanicsburg, PA 17050 go 0.6 mi total 0.6 mi go 0.5 mi total 1,1 mi go 0.2 mi total 1.2 mi These directions are for planning purposes only. You may find that construction projects, traffic, weather, or other events may cause conditions to differ from the map results, and you should plan your route accordingly. You must obey all signs or notices regarding your route. Map data ©2012 Google .......... . .__.___ ._._... __ _ _ Directions weren't dght7 Please find your route on maps.google.com and click "Report a problem" at the bottom left iaps.google.com/maps?f=d&source=s_d&saddr=818+W+Trindle+Rd,+M... 21 EXHIBIT B • Now • Weekend • Extended Forecast < November 2011 • December • 2011 January 2012 > High Low Precip(in) Snow(in) Forecast Avg. High Avg. Low Thu 500 300 0.00 0.0 470 320 12/1/2011 i 530 260 0.00 0.0 460 310 1212) Sat 460 250 0.00 0.0 460 310 12/3/2011 Sun 540 300 0.00 0.0 450 310 12/4/2011 Mon 550 360 trace 0.0 450 300 121512011 Tue 610 510 0.28 0.0 450 300 12/6/2011 wetl 580 360 1.11 0.0 440 300 12/7/2011 Thu 430 300 trace 0.0 440 290 12/8/2011 Fri 480 28° 0.00 0.0 440 290 12/9/2011 Sat 420 260 0.00 0.0 430 290 12/10/2011 Sun 400 200 0.00 0.0 430 280 12/11/2011 Mon 12/ 12/2011 410 200 0.00 0.0 420 280 Tue 480 220 0.00 0.0 420 280 12/13/2011 Wed 470 300 trace 0.0 420 270 12/14/2011 Thu 580 410 trace 0.0 420 270 High Low Precip(in) Snow(in) Forecast Avg. High Avg. Low 12/15/2011 Fri 12/16/2011 59° 351 0.00 0.0 410 270 Sat 12/17/2011 420 33° 0.01 0.1 410 260 Sun 12/18/2011 380 290 trace trace 41° 26° Mon 12/19/2011 480 240 trace 0.0 400 260 Tue 12/20/2011 490 390 0.13 0.0 400 26° Wed 12/21/2011 59o 39° 0.12 0.0 40° 25° Thu 12/22/2011 590 460 0.21 0.0 40° 250 Fri 12/23/2011 50° 300 0.23 0.0 400 250 Sat 12/24/2011 410 290 trace trace 390 250 Sun 12/25/2011 49° 26° 0.00 0.0 39° 25° Mon 12/26/2011 460 280 0.00 0.0 390 24° Tue 12/27/2011 400 28° 0.97 0.0 390 24° Wed 12/28/2011 410 280 trace 0.0 390 241 Thu 12/29/2011 330 210 trace 0.1 39° 240 Fri 12/30/2011 460 250 trace 0.0 390 240 Sat 12/31/2011 53° 340 0.00 0.0 38° 240 RICHARD VAZQUEZ, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSY?Vgl g--?-,, V. : rrtco r^ .-Orr ?r - o TARYN YOHN, o DEFENDANT NO. 08-2820 CIVIL <? -o - p c? ? ` ' o c-y "'' am '• y IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF y , ORDER OF COURT AND NOW, this 10th day of January, 2012, upon consideration of Richard Vazquez's Petition for Special Relief, the Court having reviewed this case with the Cumberland County Children and Youth and the Court noting that Taryn Yohn is currently subject to a safety plan which does not allow her to have contact with the children at this time and that she has been referred for a Drug and Alcohol evaluation, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule shall issue upon Taryn Yohn to show cause why the relief requested by Richard Vazquez should not be granted; 2. Taryn Yohn shall file an Answer to the Petition for Special Relief on or before January 20, 2012; 3. A custody conciliation on the Petition for Special Relief will be held on Friday, January 27, 2012, at 1:30 p.m. with Custody Conciliator Melissa Peel Greevy, Esquire. Jeanne Costopoulos, Esquire Attorney for Father By the Court, Jane Adams, Esquire Attorney for Mother Court Administrator bas D? RICHARD VAZQUEZ, Plaintiff V. TARYN YOHN, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2008 - 2820 CIVIL :CIVIL ACTION - LAW :IN CUSTODY REPLY TO PETITION FOR SPECIAL RELIEF 1. Agreed. 2. Agreed. 3. Agreed. 4. Agreed. 5. Agree to some. Deny some. 6. Agree to some. Deny some. 7. Agree to some. Deny some. 8. Agree to some. Deny some. 9. Agree to some. Deny some. 10. Agree to some. Deny some. 11. Denied. 12. Denied. 13. Denied. 14. Agree to some. Deny some. 15. Agreed. c; rn 7z p 7n 16. Agreed. I have successfully obtained a comprehensive drug and alcohol evaluation, and it has been reccommended that I receive outpatient treatment. I will show no restraint with that decision being made. I began taking the necessary steps to undergo the treatment I need before I was ordered to do so. I do not consent to Richard receiving any further results of my treatment or counseling. I believe that personal information should be obtained between myself, the courts, and any other doctors/counselors that may be involved. I do not consent to Richard's request to grant him primary physical and sole legal custody with my visitations being limited. I request that the current custody order does not change greatly. Respectfully Submitted: B rN f?l l Y: X TARY M.YOH 818 West Trindle Rd. Date: -1 ) I- Mechanicsburg, PA 17055 Telephone No. (717)350-3062 Defendant VERIFICATION I, Taryn Yohn, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn verification to authorities. Date: , ,' ,??L,? /vI ??-. Taryn Yohn t-t_U i Richard Vazquez, IN THE COURT OF COMMON PLEAS OF LY i ' `CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ?i? E 2 FEB {0 AM c9: Sir-, NO. 08-2820 CIVIL TERM V. iUMBERLANU GE7T r ENNS YLVA:Njj? CIVIL ACTION - LAW Taryn Yohn, IN CUSTODY Defendant TEMPORARY ORDER OF COURT AND NOW, this - 11b day of F Gin 2012, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: All prior Orders in this matter are vacated and replaced with the terms of the Order which follows. 2. The Father, Richard Vazquez shall temporarily have sole physical and legal custody of the minor children: Blaze Yohn born July 4, 2001 and Storm Vazquez born July, 5, 2004. Father shall have sole responsibility to make decisions concerning health, education and religious upbringing of the children. However, he shall keep Mother informed of those decisions. 3. In light of the safety plan presently in place through Cumberland County Children and Youth, Mother, Taryn Yohn, shall have no contact with the minor children. 4. Neither party shall be under the influence of or consume alcohol or illegal drugs before or during any periods of physical custody or any subsequently ordered supervised visitation. 5. The Custody Conciliation conference shall reconvene on March 9, 2012 at 10:30 a.m. The parties and their respective counsel shall appear before Melissa P. Greevy, Esquire, the conciliator at MDJ Office, 1901 State Street, Camp Hill, PA 17011. At such conference, an effort will be made to resolve the issues and disputes; or if this can not be accomplished, to narrow and defined the issues to be heard by the Court, and to enter a temporary Order. Failure to appear at the Conference may provide for grounds for entry of a permanent or temporary Order. 6. 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 the scheduled Conciliation Conference. BY THE COURT: M. L. Ebert, Jr., J. Dist: ? Jeanne' B. Costopoulos, Esquire, 130 Gettysburg Pike, Suite C Mechanicsburg, PA Taryn Yohn, 818 West Trindle Road Mechanicsburg, PA 17055 ? Jane Adams, Esquire, 17 West South Street, Carlisle PA 17013 006ao1L?I p? RICHARD VAZQUEZ IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2820 TERM TARYN YOHN CIVIL ACTION - LAW Defendant 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 children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Blaze Yohn July 4, 2001 Father Storm Vazquez July 5, 2004 Father 2. Father filed a Petition for Special Relief on July 5, 2012, seeking suspension of Mother's rights of custody and that she be ordered to obtain a comprehensive drug and alcohol evaluation and see a counselor on a regular basis. Father also sought to have the results of the evaluation shared with counsel for Father and the Court. Additionally, Father has sought an Interim Order granting him primary physical and sole legal custody subject to periods of supervised visitation with Mother as jointly directed by the children's counselor and Mother's counselor, pending a full hearing. Prior to filing the Petition for Special Relief, Father's counsel contacted Mother's counsel, Jane Adams, Esquire, who indicated that her client was opposed to the relief requested. Judge Ebert entered an Order on January 10, 2012, after having reviewed the case with Children and Youth. At that time, Mother was subject to a safety plan which did not allow her to have contact with the children. The plan further referred her for a drug and alcohol evaluation. The Rule to Show to Cause on the Defendant was returnable on or before January 20, 2012. The Order further referred the parties to a Custody Conciliation Conference on January 27, at 1:30 p.m. The Order was distributed to counsel for both parties. Mother filed her Answer to the Rule on January 23, 2012, pro se. 3. Father's Position: The allegations upon which Father based his requests were incidents which occurred on December 24, 2011, where he alleged that Mother was unconscious as a result of alcohol intoxication. He alleged that when the children could not awaken their Mother they walked over a mile down a busy street to their maternal grandparent's home. Unfortunately, the grandparents were apparently not home until around 8:30 p.m., when they arrived to discover the children on the porch. Children and Youth Services received a referral on December 25, 2011. Shelly Barrick of Cumberland County Children and Youth became involved with the family. Father's position is that the children should remain in his sole and physical and legal custody. He reports that the school district which the children have been attending has indicated to him that J the children could not continue to attend there because they were no longer residents of the district, despite his indication to the district that he understood the arrangements to be a temporary Order. However, at the district's request he enrolled the children in Susquehanna Township School District where he resides. The children will begin to attend school there on January 30, 2012. Father reports that the older of the children has had some emotional support services made available to him through his previous school district and he is concerned about the children's emotional wellbeing. Accordingly, the Conciliator recommended Father contact the Student Assistance Program at the children's school to seek services for the children with regard to their reaction to the care and circumstances of recent months. 4. Mother's position: Ms. Adams did not appear. Initially, Mother did not appear. Some 45 minutes after the conference time the undersigned Conciliator received a call from Judge Hess's chambers indicating that Mother was at the Courthouse, having gone there thinking that it was the location of the Conciliation Conference. This has apparently been the location of the previous Conciliation Conferences. The January 10, 2012, Order did not provide Mother with the location for the conference. Mother verified her address. The undersigned Conciliator indicated to Mother and to counsel for Father that the Conference would need to be rescheduled and that a new Order would be issued notifying parties of the date, time, and location of the Conference. Mother was strongly encouraged to promptly contact Shelley Barrick at Children and Youth. Before hearing from Mother, the Conciliator contacted Shelly Barrick at Cumberland County Children and Youth. Ms. Barrick reported that Mother completed her chemical dependency evaluation on January 10, 2012, but that she did not know whether Mother had followed up with the recommend outpatient treatment. Accordingly, Ms. Barrick reported that the safety plan remained in place and that Mother was to have no contact with the children. She had no plans to change the safety plan at anytime in the near future. Ms. Barrick further reported that the calls from Mother that had been coming frequently at the beginning of her contact with this family had greatly reduced in frequency in the last week to 10 days. 5. In light of the report from Shelly Barrick of Cumberland County Children and Youth, the Conciliator recommends the Order in the form as attached, and will not make any changes in the existing safety plan which restricts Mother's contact with the children. However, this may be revisited at the time the Custody Conciliation Conference reconvenes and Mother has had an opportunity to work with Children and Youth and the chemical dependency treatment program to pursue treatment services as recommended. Numerous Orders have been entered in this maw a of which reference each other. To avoid confusion, the Conciliator recommends vacati all prio Orders and the entry of the attached temporary order. Date Melissa Peel Greevy, Esquire Custody Conciliator :479023 z RICHARD VAZQUEZ, Plaintiff V. TARYN YOHN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2820 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT nd AND NOW, this z day of March, 2012, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. All prior Orders in this matter are vacated and replaced with the terms of the Order which follows. 2. The Father, Richard Vazquez, and the Mother, Taryn Yohn, shall have shared legal custody of the minor children: Blaze Yohn born July 4, 2001 and Storm Vazquez born July 5, 2004. 3. Father shall have temporary primary physical custody subject to Mother's rights of custody which shall be as follows: A. Each Sunday from 12:00 p.m. to 4:00 p.m. in a public place where no alcohol will be present. Mother shall notify Father of the place that she has selected. Father may elect to be present for the initial visits with Mother. B. Commencing March 17, 2012, on alternating Saturday mornings, from 8:00 a.m. to 11:00 a.m. C. Mother shall have liberal partial custody with the children in order that they may participate in social events for family and friends, which are sponsored by AA recovery programs and which are sober festivities. It is contemplated that this may include camping trips. The first event of this nature is expected to occur on March 18, 2012. D. After Mother has obtained a sponsor for her Twelve Step program, Father shall cooperate with Mother to arrange for her to have additional custodial time with the children. 4. Mother shall have daily telephone contact with the children, which may be initiated by Mother or by the children. 5. Mother and Blaze may participate in Twelve Step meetings which occur on Thursdays at 7:30 p.m. at a church in Camp Hill, where it is agreed that Blaze will participate in Alateen. 6. Mother will arrange for therapeutic family counseling at Diakon Social Services Mechanicsburg office on Century Drive. Father shall pay unreimbursed expenses for the counseling. It is anticipated that the parties will use the counseling to address their son's anxiety and other adjustments and transitions associated with Mother's new recovery process. The parties NO. 08-2820 CIVIL TERM shall cooperate with the recommendations of the counselor with regard to the children's emotional needs in light of her recent relapse and current recovery status. 7. Neither party shall be under the influence of or consume alcohol or illegal drugs before or during any periods of physical custody or any subsequently ordered supervised visitation period. 8. This Order is temporary in nature and may be modified by the mutual consent of the parties. 9. Relocation. No party shall relocate the children if such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337 as set forth in Exhibit A attached to this Order. BY THE COURT: ?% -? M. L. Ebert, Jr., J. Dist: v Jeanne B. Costopoulos, Esquire, 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 j/ Taryn Yohn, 818 West Trindle Road Mechanicsburg, PA 17055 Jane Adams, Esquire, 17 West South Street, Carlisle PA 17013 -%M L, r -?^ f ` QC- LL s Ca'r RICHARD VAZQUEZ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2820 TERM TARYN YOHN CIVIL ACTION - LAW Defendant 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 children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Blaze Yohn July 4, 2001 Father Storm Vazquez July 5, 2004 Father 2. The Custody Conciliation Conference was reconvened on March 9, 2012. Attending the Conference were the Father, Richard Vazquez, and his attorney, Jeanne B. Costopoulos, Esquire; the Mother, Taryn Yohn, participated pro se. The parties reached the agreement for a temporary Order, in the form as attached. It should be noted that the Conciliator spoke Shelly Barrick at Cumberland County Children & Youth. Ms. Barrick indicated that Children & Youth had closed the case with the understanding that the family was following through with the Custody Conciliation. The Father did not make a request for an evaluation of Mother's chemical dependency situation and/or recovery. Date Melissa Peel Greevy, Esquire Custody Conciliator / :486856 EXHIBIT A REQUIREMENTS REGARDING RELOCATION OF RESIDENCE A relocation is a move or change of residence that will significantly impair the ability of the non- relocating party to easily exercise periods of custody. You cannot relocate with the child(ren) without following these procedures. If you are contemplating such a move, you are strongly urged to seek the advice of an attorney to make sure that you are following the procedures. You are not permitted to relocate your residence without either: • The consent of every individual who has custody rights to the child(ren) to the proposed relocation OR • the court approves the proposed relocation. NOTICE The party proposing the relocation must notify every other party who has custody rights to the child(ren) of the proposed move by certified mail, return receipt requested. You should complete the attached "Notice of Proposed Relocation to Be Completed by Party Intending To Relocate" and send the notice to all other parties by certified mail, return receipt requested. 2. Notice must be given 60 days before the date of the proposed relocation OR 10 days after the date that the party knows about the relocation only if the individual did not know and could not have reasonably known about the relocation in time to comply with the 60 days notice or it is not reasonably possible to delay the date of relocation to comply with the 60 day notice. 3. You must include with this mailing the attached "Counter-Affidavit Regarding Relocation". The other parties must complete this form to indicate their position with regard to the proposed move. WHAT DO(ES) THE OTHER PARTY(IES) DO WHEN THEY RECEIVE THE NOTICE AND COUNTER-AFFIDAVIT? 1. If you receive a notice and a counter-affidavit, you must complete the counter-affidavit and file with the Prothonotary's Office this completed counter-affidavit within 30 days from the day you receive the notice and counter-affidavit. If you fail to file this counter- affidavit within the 30 days, you will be foreclosed from objecting to the relocation. 2. If the counter-affidavit is timely filed and the party objects to the proposed relocation or objects to the proposed modification of the custody order, a hearing will be held. 3. You must serve the other party with the Counter-Affidavit by certified mail, return receipt requested. 4. If notice of the proposed relocation has been properly given and no objection to the proposed relocation has been filed with the Prothontoary, then it will be presumed that the nonrelocating party has consented to the proposed relocation. 5. If a party who has been given proper notice does not file with the court an objection to the relocation within 30 days after receipt of the notice but later petitions the court for review of the custodial arrangements, the court shall not accept testimony challenging the relocation. WHAT DO I DO IF NO OBJECTION TO THE PROPOSED RELOCATION IS FILED? The party proposing relocation shall file the following with the Prothonotary prior to relocation: An affidavit stating that the party provided notice to every individual entitled to notice, the time to file an objection to the proposed relocation has passed and no individual entitled to receive notice has filed an objection to the proposed relocation. 2. Proof that proper notice was given in the form of a return receipt with the signature of the addressee and a copy of the full notice that was sent to the addressee. 3. A petition to confirm the relocation and modify any existing custody order, and 4. A proposed order containing the information in the notice. WHAT DO I DO IF A COUNTER-AFFIDAVIT IF FILED WITH THE PROTHONOTARY THAT INDICATES THERE IS NO OBJECTION TO THE PROPOSED RELOCATION AND NO OBJECTION TO THE MODIFICATION OF THE CUSTODY ORDER CONSISTENT WITH THE PROPOSAL FOR A REVISED CUSTODY SCHEDULE? • The court may modify the existing custody order by approving the proposal for a revised custody schedule submitted with the Notice. You should submit a proposed order with distribution and attach a copy of the notice and the courter-affidavit. WHAT DO I DO IF A COUNTER-AFFIDAVIT IS FILED WITH THE PROTHONOTARY WHICH INDICATES THAT THE NONRELOCATING PARTY OBJECTS EITHER TO THE PROPOSED RELOCATION OR TO THE MODIFICATION OF THE CUSTODY ORDER? You should file a motion for a hearing with the Prothonotary's Office. The matter will be assigned to a judge for the scheduling of a hearing and disposition. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. : CIVIL ACTION Defendant : IN CUSTODY NOTICE OF PROPOSED RELOCATION TO BE COMPLETED BY PARTY INTENDING TO RELOCATE I, , parent of move on follows. intend to and answer the following questions as 1. What is the address of the intended new residence? 2. What is the mailing address of the intended new residence? 3. What are the name(s) and age(s) of all individual(s) who will be living at this new residence? 4. What is the home telephone number of the intended new residence? 5. What is the name of the new school and the new school district? 6. What is the date of the proposed relocation? 7. What are the reasons for the proposed relocation? 8. How do you proposed to change the custody schedule that is currently in effect? 9. Is there any other information that is relevant to the proposed relocation? 10. 1 have included a counter-affidavit that you can use to object to the proposed relocation. WARNING TO NON-RELOCATING PARTY IF YOU WANT TO OBJECT TO THE PROPOSED RELOCATION, YOU MUST FILE THIS COUNTER-AFFIDAVIT WITH THE PROTHONOTARY'S OFFICE WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THIS NOTICE OR YOU WILL BE FORECLOSED FROM OBJECTING TO THE RELOCATION. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 (relating to unsworn falsification to authorities). Date Signature Print Name Address Telephone Number Plaintiff Defendant V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION IN CUSTODY COUNTER-AFFIDAVIT REGARDING RELOCATION The party objecting to the Notice of Relocation must file this document with the Prothonotary's Office within thirty (30) days of receipt of the Notice of Proposed Relocation. file this counter-affidavit regarding the proposed relocation. I received the Notice of Proposed Relocation on 1. What are the names and ages of the child(ren) affected by the proposed relocation? 2. Where do this/these child(ren) currently reside? Check one of the following boxes: ? I do not object to the relocation and I do not object to the modification of the custody order consistent with the proposal for revised custody schedule as attached to this notice. ? I do not object to the relocation, but I do object to modification of the custody order and I request that a hearing be scheduled. I request that a hearing be scheduled ? a. Prior to allowing the child(ren) to relocate. ? b. After the child(ren) relocate. ? I do object to the relocation and I do object to the modification of the custody order, and I request that a hearing be held on both matters prior to the relocation taking place. I understand that I must file this counter-affidavit with the Prothonotary's Office and that I must mail a copy to the other party by certified mail, return receipt requested. 1 understand that if I fail to file this counter-affidavit and mail a copy to the other party within thirty (30) days of receipt of the proposed relocation notice, I shall be prevented from objecting to the relocation. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 (relating to unsworn falsification to authorities). Date Signature Print Name Address Telephone Number Ev r-- cv c RICHARD VAZQUEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008 - 2820 CIVIL ACTION - LAW TARYN YOHN, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this ?b day of kQr % 1 , 2012, it is hereby ORDERED and DECREED that Jane Adams, Esquire, is permitted to withdraw her appearance on behalf of Taryn Yohn. C) C= rv <= CD = ;Z3 rnCO MM ?+? rnT_ BY THE COURT: N == r.. -4r nl JV -e" J. t'lFl cc: ?Jeanne Costopoulos, Esquire / Jane Adams, Esquire Taryn Yohn, Defendant C' op, FS m a, -C4, ,el,?( 2[17. F9AY -2 FN I' ? `# CU pENNSYL ?? A ` Y RICHARD VAZQUEZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TARYN YOHN, Defendant NO. 2008 - 2820 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRAECIPE FOR WITHDRAWAL TO THE PROTHONOTARY: Pursuant to the attached Order, please withdraw the appearance of Jane Adams, Esquire, as Attorney of record for Taryn Yohn. Respectfully Submitted: Date: ?A r)?). 1'-)? Jan Adams, Esquire I. . No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 RICHARD VAZQUEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008 - 2820 CIVIL ACTION - LAW TARYN YOHN, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this o?6 day of 2012, it is hereby ORDERED and DECREED that Jane Adams, Esquire, is permitted to withdraw her appearance on behalf of Taryn Yohn. BY THE COURT: Z: c? D I cc: Jeanne Costopoulos, Esquire Jane Adams, Esquire Taryn Yohn, Defendant TRUE COPY FROM RECORD In Testimony whereof, t here unto set my hand and the seal of said rt at P lisle, Pa. This -._day of 20 , Prothonotary TARYN YOHN, THE COURT OF COMMON PLEAS OF Defendant CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 08-2820 CIVIL TERM ;:~' ' ;°. ' ~' `r.: RICHARD VAZQUEZ CIVIL ACTION - AT LAW ,~'~ .~ a _ Plaintiff CUSTODY ' ~- ~' ~~ ~ _ . .. _, _µ~, ~_ - - _ ~~ _ PETITION FOR MODIFICATION cs. ~ . AND NOW, I, the Plaintiff, Taryn 'Yohn, make the following petition for Custody Modification 1. I, the Plaintiff, Taryn Yohn, am an adult individual who currently resides at 818 West Trindle Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant, Richard Vazquez, is an adult individual who currently resides at 3124 Sycamore Street, Harrisburg, PA, 17111. 3. Richard Vazquez and I have two dependent children, namely Blaze Yohn, born July, 4, 2001, a~d Storm Vazquez, born July 5, 2004 ("the children" hereinafter). ', 4. Richard and I are subject to several orders of court July 31, 2008, January 21, 2009, March 11, 009, August 24, 2009, December 15, 2009, and a Temporary Order of Court March 22, 2012. 5. On March 22, 2012, a custody conciliation was held in front of Melissa Greevy, and a Tempora~y Order of Court was put into place limiting my contact with the children. ', 6. In the beginning of April, Richard and :[ discussed having our children residing with me, Taryn Yohn, and re-enrolling them into the Cumberland Valley School District. 7. Richard stated that the children were miserable residing at his residence at the time, which was located at 601 Redwood Street, Harrisburg, Dauphin County, Pennsylvania, 17109. There the children were living with Richard, Richard's Mother, Richard's Sister, and Richard's two niece. .~ sue, o~ P~ ,~~ -~~ ~~~~y ~q~ 8. I, Taryn Yohn, picked up the children from 601 Redwood Street on April 6, 2012, and the children have been residing with me since that date. 9. The children were re-enrolled and attending Cumberland Valley School District once again as of April 11, 2012. 10. Richard has voluntarily had very limited contact with the children since April 6, 2012. Richardl rarely calls to speak to the children. Richard has not had any over night visits with the childre~ since April 5, 2012. 11. The main concern in the Temporary Order of Court that was put into place was for me, Taryn Kohn, to obtain and maintain sobriety. I have continuously been maintaining sobriety since January ~, 2012. I attend AA meetings weekly. I attend alcohol counseling sessions at Diakon Lutherans Services. I have made it a point in my life to maintain sobriety and to care for the children to t~ne best of my abilities. Our son, Blaze Yohn, attends weekly Alateen meetings at Trinity Lutheran Church. 12. I am seeking an order to modify the custody agreement given the recent circumstances, since Richard has voluntarily chosen to have very limited contact with the children, and the children ~ave been residing with me, Taryn Yohn, since April 6, 2012. ', Wherefore, I respectfully request a modification of the Custody Order of Court granting me prima$y physical custody and shared legal custody subject to periods of visitations with Richard. Date: ~(~ Respectfully Submitted: ', ,/.~,- By: _ Taryn . Yo 818 West Trindle Road Mechanicsburg, PA 17055 Telephone No. (717)350-3062 Pro se VERIFICATION I, TarSm Yohn, hereby verify and state that the facts set forth in the foregoing document are (true and correct to the best of my information, I:nowledge and belief. I understand that false statement herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. ' J ---~.. Date: ~ r ~~ _ ~ ~~.:~~ ~ ~~~ L ~G'~ / ~~I G'- -~ Taryn .Yohn TARYN YOHN IN THE COURT OF COMMON PLEAS OF C-I . , PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAI! r -v _., ' - ? F't i f r_- V' 2008-2820 CIVIL ACTION LAW, -• rv RICHARD VAZQUEZ ? C-. IN CUSTODY 51z: DEFENDANT Y? - ORDER OF COURT AND NOW, Monday, August 20, 2012 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, September 19, 2012 at 9:30 AM for a Pre-Hearing (Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ ac ueline M. Verne Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabil4es 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 BEiOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. r/J-?an? ??-sue paves, y Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 1'sf. cOP'P? Ab-, '&? d./z ZA? ?E