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HomeMy WebLinkAbout08-4114CHRISTINE B. YOHN, Plaintiff V. WILLIAM GALLAGHER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ®lw'?- 11q c "'vj r CIVIL ACTION -LAW CHILD CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property, or other rights important to you, including child custody, or child visitation. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despuds de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como de describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIER UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 CHRISTINE B. YOHN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 6 ?rrWILLIAM GALLAGHER, CIVIL ACTION - LAW Defendant CHILD CUSTODY COMPLAINT FOR CHILD CUSTODY AND NOW comes the Plaintiff, Christine B. Yohn, by and through her attorney, Mark T. Silliker, Esquire, and respectfully requests this Honorable Court award her custody of the subject minor child, and in support thereto, avers the following: 1. Plaintiff is Christine B. Yohn, an adult individual residing at 1940 Bullfrog Road, Fairfield, Adams County, Pennsylvania. 17320. 2. Defendant is William Gallagher, an adult individual residing at 65 Hellam Drive, Mechanicsburg, Cumberland County, Pennsylvania. 17055. 3. The subject child is Ciara M. Gallagher, born March 6, 1995. 4. The relationship of the Plaintiff to the subject minor child is that of natural mother. 5. The relationship of the Defendant to the subject minor child is that of natural father. 6. The minor child has resided at the following addresses, in the custody of the following individuals: a. From 2007 to Present, the subject minor child resides at 65 Hellam Drive, Mechanicsburg, Cumberland County, Pennsylvania in the care and custody of Defendant, William Gallagher, stepmother Jennifer Gallagher, and half brother William Gallagher, Jr. b. From 2006 to 2007, the subject minor child resided at 65 West Keller Street, Mechanicsburg, Cumberland County, Pennsylvania in the care and custody of Defendant, William Gallagher, stepmother Jennifer Gallagher, and half brother William Gallagher, Jr. c. From 2001 to 2006, the subject minor child resided at 1161 Auxillary Drive, Shade Gap, Huntingdon County, Pennsylvania in the care and custody of Plaintiff, Christine B. Yohn, stepfather Scott Yohn and two half siblings, Kinsey Yohn and Hayden Yohn. 7. There is a pre-existing Custody Order in Franklin County, number F.R. 2001-3432, dated June 23, 2006, which is attached hereto and marked Exhibit "A". It should further be noted that Father is not abiding by the terms of the Order. 8. The Plaintiff is not aware of the existence of any other individuals who have any type of claim whatsoever regarding the custody of the subject minor child. 9. It is noted that the aforementioned pre-existing Order is from Franklin County. However, neither party has lived in Franklin County for a period in excess of seven years. Furthermore, the subject minor child has resided in Cumberland County for a period in excess of two years. Therefore, Cumberland County would seem to be the appropriate venue. 10. The Plaintiff believes and therefore avers that she is much better able to meet the needs of the subject minor child than the Defendant. 11. The Plaintiff believes and therefore avers that it is in the best interest of the subject minor child that she be placed in her legal and physical custody. WHEREFORE, Plaintiff requests this Honorable Court award her custody of the subject minor child. Respectfully submitted, THE LAW OFFICES OF SILLIKER & REINHOLD Mark T. Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 33671 Attorney for Plaintiff, Christine B. Yohn IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA - FRANKLIN COUNTY, PENNSYLVANIA WILLIAM GALLAGHER, CIVIL ACTION - LAW Plaintiff c? ti -n V. NO. F.R. 2001-3432 CHRISTINE B YOHN '-' - . , _- Defendant CUSTODY > ORDER N w AND NOW, this - #10 ) day of 2006, based upon the attached Custody Stipulation, the following Order is entered: 1. Mother and Father shall enjoy shared legal custody of the minor child, Ciara M. Gallagher, date of birth March 6, 1995. 2. Father shall have physical custody of the child and the Mother shall have partial physical custody based on the following schedule: a. Beginning with the school year 2006/2007, alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. b. On the Wednesday preceding Father's weekend during the school year, Mother shall have the child for a period of two (2) hours. This Wednesday evening visit is entirely conditioned on Mother driving to Mechanicsburg to exercise this period of partial custody. In the event the child has tutoring scheduled on Mother's designated Wednesday evening, the parties will arrange and substitute another evening in the same week for the Wednesday evening visit. EXHIBIT T }} _ :-n y -urn L. 6ffiA;?C! e? PkOTHONO i ., % % A % I C. of July, Labor Day, Thanksgiving and Easter. To the extent the holiday falls on a weekend, the holiday shall include the weekend; however, neither party may have more than two consecutive weekends. Father shall Memorial Day in 2006 and the holidays shall alternate from that holiday. d. The Thanksgiving holiday shall be from 6:00 p.m. on the Wednesday prior to Thanksgiving until 6:00 p.m. on the Sunday following Thanksgiving. e. Christmas - In even numbered years, Father shall have the child from the day school ends at 6:00 p.m. until December 25 at 2:00 p.m. Mother will have the child from December 25 at 2:00 p.m. until the day before school starts at 6:00 p.m. In odd numbered years, the parties shall reverse these periods of custody over Christmas. f Mother shall have the child on Mother's Day weekend and Father shall have the child on Father's Day weekend. g. The parties will alternate weeks in the summer based on the schedule attached hereto and marked as Exhibit "A". No later than May 1 of each year, the parties will reach an agreement regarding the summer schedule for that year. 3. The effective date of this Order will be June 2, 2006, the end of the child's current school year. 4. The parties agree that the child will be enrolled in counseling consistent with the report of David G. Ray, M.Ed. Also consistent with the report of David Ray, the parties will review the custody arrangement at the end of the 2006-2007 school year. The parties shall alternate the following holidays: Memorial Day, Fourth bafl0.ghei' V ?rhr?? a???- ??? 5. All custody exchanges shall be made at the restaurant near Turnpike with the exception of the the Blue Mountain exit of the Pennsylvania T evening visit during the school year as referenced herein. By the Court, T`l J. AFFIDAVIT hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unworn falsifications to authorities. Dated: .7 6LZL L^-) N f,'- C7 4:x.7 _ Fn r cr O rn `• c -SN C CHRISTINE B. YOHN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM GALLAGHER DEFENDANT 2008-4114 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, July 22, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, August 19, 2008 at 2:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 r 8Z :I114 CZ ill` OCR 'I -Iril JAN ? F 2009 4 CHRISTINE B. YOHN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-4114 CIVIL ACTION LAW WILLIAM GALLAGHER Defendant IN CUSTODY ORDER OF COURT AND NOW, this t day of ,] 2",2 L, V 1 , 2009, upon consideration of the attached ustody Conciliation Report, it is ordered and directed as follows: 1. The prior Order dated June 23, 2006 in this matter entered in Franklin County is vacated and replaced with this Order. 2. The Mother, Christine B. Yohn, and the Father, William Gallagher, shall have shared legal custody of Ciara M. Gallagher, born March 6, 1995. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The Father shall have primary physical custody of the Child. 3. The Mother shall have partial physical custody of the Child on alternating weekends from Saturday at 2:00 p.m. through Sunday at 6:00 p.m., and on every first Wednesday of the month from 6:00 p.m. until 7:00 p.m. 4. The parties shall share having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from the last day of school before the holiday at 6:00 p.m. through Christmas Day at 2:00 p.m., and Segment B, which shall run from Christmas Day at 2:00 p.m. until the day before school resumes at 6:00 p.m. In even-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In odd-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B. Thanksgiving: The Thanksgiving holiday period of custody shall run from the Wednesday before Thanksgiving at 6:00 p.m. through the Sunday following Thanksgiving at 6:00 p.m. The Mother shall have custody of the Child for Thanksgiving in even-numbered years and the Father shall have custody over Thanksgiving in odd-numbered years. C. Easter: The Easter holiday period of custody shall run from the Saturday before Easter at 2:00 p.m. through Easter Sunday at 6:00 p.m. The Mother shall have custody of the Child in even-numbered years for Easter and the Father shall have custody of the Child in odd-numbered years for Easter. D. Memorial Day/Labor Day: The holiday period of custody for Memorial Day and Labor Day shall run from the Saturday before the holiday at 2:00 p.m. through the Monday holiday at 6:00 p.m. The Father shall have custody of the Child for the Memorial Day and Labor weekend periods in even-numbered years and the Mother shall have custody over the Memorial Day and Labor Day weekends in odd-numbered years. E. July Fourth: The Independence Day holiday shall run from July 3 at 2:00 p.m. through July Fourth at 6:00 p.m. The Mother shall have custody of the Child for July Fourth in even- numbered years and the Father shall have custody over July Fourth in odd-numbered years. F. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child for the Mother's Day weekend and the Father shall have custody of the Child for Father's Day weekend, which shall run from Saturday at 2:00 p.m. through Sunday at 6:00 p.m. G. In the event a party's holiday period of custody falls on the other party's regular weekend period of custody, the parties shall exchange the immediately following weekend so that neither party has more than two consecutive weekends. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule and the vacation custody schedule. 5. The Mother shall be entitled to have custody of the Child for one (1) uninterrupted week in each month (June, July, and August) of the summer school break each year. The parties shall cooperate in establishing the summer vacation schedule each year in writing by April 1. In the event the parties are unable to agree by that date, counsel for the parties may contact the conciliator to schedule a custody conciliation conference solely for the purpose of establishing a summer custody schedule. In 2009, the Mother's week of vacation custody in July shall be scheduled to include the last week of July. 6. The parties shall share responsibility for providing transportation for exchanges of custody on weekends by meeting at the previously agreed upon halfway point or as otherwise agreed. The Mother shall provide all transportation for the Wednesday evening periods of custody. 7. The parties agree that the Child shall continue in counseling with Tracy Richards. The parties shall participate in the Child's counseling as recommended by the counselor. 8. Each party shall ensure that the Child attends all regularly scheduled activities during his or her periods of custody. 9. All dates and times set forth in this Order for periods of custody shall be strictly followed unless the parties agree to a change in writing which is expressly confirmed by both parties in advance. 10. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 11. 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 writing. In the absence of mutual consent, the terms of this Order shall control. cc: ?/Wf ark T. Silliker, Esquire - Counsel for Mother n J. Connelly, Jr., Esquire - Counsel for Father h BY THE COURT, I C .9 f4v 8Z yr 60oz 1? aEj , t +it -!j - . a CHRISTINE B. YOHN Plaintiff VS. WILLIAM GALLAGHER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-4114 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Ciara Gallagher March 6, 1995 Father 2. A custody conciliation conference was held on January 9, 2009, with the following individuals in attendance: the Mother, Christine B. Yohn, with her counsel, Mark T. Silliker, Esquire, and the Father, William Gallagher, with his counsel, John J. Connelly, Jr., Esquire. 3. The parties agreed to entry of an Order in the form as attached. It should be noted that an Order was previously entered in this matter on June 23, 2006 by the Franklin County Court of Common Pleas. However, it was represented that neither party has resided in Franklin County for over seven (7) years and the Child has resided in Cumberland County for more than two (2) years. vq Date Dawn S. Sunday, Esquire Custody Conciliator "r