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HomeMy WebLinkAbout09-1587TYLER R. JOHNSON, Plaintiff V. JAIME L. MASON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No.: O F- /,5'f 7 C?? -7-"-.- IN CUSTODY CUSTODY COMPLAINT AND NOW, comes Plaintiff by and through his counsel, Andrew H. Shaw, and brings this Custody Complaint: 1. Plaintiff is an adult individual residing at 30 SME Shippensburg, Cumberland County, Pennsylvania. 2. Defendant, Jaime L. Mason, is an adult individual residing at 4 North High Street, Newburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child (hereinafter "Child"): a. Isabella Lorene-May Johnson; age 1 year old (DOB: 3-13-2008); 4. The Child was born out of wedlock. 5. The Child is currently residing with Defendant at 4 North High Street, Newburg, Pennsylvania. 6. During the past five years, the Child has resided with the following persons and at the following address: a. 204 North High Street, Shippensburg, Pennsylvania with Plaintiff and Defendant (3/13/2008 to 10/31/2008); b. 30 SME Shippensburg, Pennsylvania with Plaintiff and Defendant (11/1/2008 to 1/31/2009); c. 4 North High Street, Newburg, Pennsylvania with Defendant (1/31/2009 to Present); 7. Plaintiff is the father of the Child, and his current residence is 30 SME Shippensburg, Pennsylvania. Plaintiff is not married. 8. Defendant is the mother of the Child, currently residing at 4 North High Street, Newburg, Pennsylvania. Defendant is not married. 9. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the Child in this or another court. 10. Plaintiff has no information of a custody proceeding concerning the Child pending in a court of this Commonwealth or any other state. 11. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the Child or claims to have custody or visitation rights with respect to the Child. 12. The best interests and permanent welfare of the Child will be served by granting the relief requested because of the following facts: a. Both parents are equally suited to care for the child; b. Defendant has refused Plaintiff to have any contact, or minimal contact at best, with the Child. 13. Each parent whose parental rights to the Child have not been terminated and the person who has physical custody of the Child have been named as parties to this action. There are no other persons known to have or claim a right to custody or visitation of the Child. WHEREFORE, Plaintiff requests this Court award shared legal and shared physical custody of the Child to Plaintiff. Respectfully1 submitted, Date: S -'?Q" By: Andrew H. Shaw, Esquire Sup. Ct. ID No.: 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (717) 243-7872 (facsimile) Attorney for Plaintiff VERIFICATION I, Tyler Johnson, 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. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: Y -/O - 0f T r Jo on VI ? ..L3 f i ? _ 00 •v t ? _, r r• V? ? 7 ?s 2 TYLER R. JOHNSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-1587 CIVIL ACTION LAW JAIME L. MASON IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, March 18, 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, April 23, 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/ ae ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 VI N 1 Ynto 8 C :E Wd 6 1 NVW 60OZ N. 1-W_ TYLER R. JOHNSON, Plaintiff V. JAIME L. MASON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No.: 09-1587 IN CUSTODY PROOF OF SERVICE I, Andrew H. Shaw, Counsel for the Plaintiff, Tyler R. Johnson, hereby certify that a true and correct copy of the Custody Complaint in the above captioned case was served upon Defendant via first-class mail, restricted deliver, on March 20, 2009. A copy of the signed receipt is attached. Date: PA Sup. Ct. ID Num. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 717-243-7135 Counsel for Plaintiff (3Agent X Addressee B. -Received by flfame) G .J Delivery h;ma L ?aSnn ?O 00r D. Is delivery address differe. from Komi ? ? Yes H YES, enter delivery address below: ? No 3. Type )dZeMled Mail O Express Maa ' 13 Registered M Retum Receipt for MerdaWlse 0 insured.Mail ? C.O.D. 4. Restricted Delivery) (Extra Fee) )Z?Yes 2. Argde Number 7008 2 810 0 0 0 2 2 910 1179 (Rawfer flan a Irene i, 2; and 3. Also complete item 44'ResbicDed Delivery,ia desired. ¦ Print your name and address on the reverse so that we can return the card To you. ¦ Attach this card to the back of the mallpleoe, or on the front if space permtts. 1. Artide Addressed to: J(VW-L M l1/ ILA ?72yU PS Form 3811, February 2004 Domestic Retum Receipt 102595-024A-1540 DI APR 2 7 20096 -? TYLER R. JOHNSON, Plaintiff V. JAIME L. MASON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-1587 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 4A day of , 2009, upon consideration of the attached Custody Concil tion Report, it is ordered and directed as follows: 1. The Father, Tyler R. Johnson and the Mother, Jaime L. Mason, shall have shared legal custody of Isabella Lorene-May Johnson, born March 13, 2008. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and 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 child. 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. The parents shall have shared physical custody on a week on/week off schedule, with Mother having the week beginning Sunday, April 26, 2009. The time and exchange day shall be 5:00 p.m. on Sunday, except that the non-custodial parent shall have physical custody of the child on Wednesday from 5:00 p.m. to 8:00 p.m. 3. The parties shall cooperate with each other and exchange custodial periods to accommodate family events. 4. Father shall be responsible for all transportation until Mother obtains her own transportation at which time the parties shall share transportation as agreed. Holidays: A. Thanksgiving shall be shared such that Father shall always have physical custody of the child from 9:00 a.m. to 3:00 p.m. and Mother shall always have physical custody of the child from 3:00 p.m. to 9:00 p.m. B. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon and Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. The parties shall alternate Bock A and B as agreed. C. Easter shall be shared such that Father shall always have physical custody of the child from 9:00 a.m. to 3:00 p.m. and Mother shall always have physical custody of the child from 3:00 p.m. to 9:00 p.m. D. Mother shall always have physical custody of the child on Mother's Day from 9:00 a.m. to 5:00 p.m. Father shall always have physical custody of the child on Father's Day from 9:00 a.m. to 5:00 p.m. 6. Each party shall have physical custody for two non-consecutive weeks in the summer, provided they give the other party 30 days prior notice. 7. 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 B)POTHE COURT, J. cc ?:rndrew H. Shaw, Esquire, Counsel for Father Jaime L. Mason, pro se 4 North High Street Newburg, PA' 1-72/40 6-D0t'" n zgLL I ?% a910 X01" Z 1 t 6Z M OOOZ y APR 2 7 20Q9 v TYLER R. JOHNSON, Plaintiff V. JAIME L. MASON, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-1587 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 Isabella Lorene-May Johnson May 13, 2008 Mother 2. A Conciliation Conference was held in this matter on April 27, 2009, with the following in attendance: The Father, Tyler R. Johnson, with his counsel, Andrew H. Shaw, Esquire, and the Mother, Jaime L. Mason, pro se. 3. The parties agreed to an Order in the form as attached. Date Jac eline M. Verney, Esquire Custody Conciliator TYLER R. JOHNSON, IN THE COURT OF COMMON PLEAS Plaintiff, rlw CUMBERLAND COUNTY, PENNSYI,II; =? VS. NO. 09-1587 CIVIL TERM zr JAMIE L. MASON, -, Z Defendant, CUSTODY ._r PETITION FOR TEMPORARY MODIFICATION Plaintiff, Tyler Johnson, by and through his counsel, MidPenn Legal Services, states the following: 1. Plaintiff, hereinafter referred to as Father, resides at 2234 Lincoln Highway East, Chambersburg, Franklin County, Pennsylvania, 17202. 2. Defendant, hereinafter referred to as Mother, resides at 4 North High Street, Newburg, Perry County, Pennsylvania 17240. 3. The above-named parties are the natural parents of Isabella Lorne-May Johnson, born March 13, 2008. 4. An April 29, 2009 custody order entered The Honorable Edward E. Guido, grants the parties shared legal and physical custody of Isabella. The Order is attached hereto as Exhibit A. Father is entitled to a temporary modification of the current order, which is in Isabella's best interest, for reasons including but not limited to the following: a. Father has been an active parent and has shared in the primary caretaking duties since Isabella's birth. b. Isabella recently reported questionable behavior by both Mother and Mother's paramour, Rodney. Father reported these concerns to Cumberland County Children and Youth Services which is currently investigating the situation. c. Out of concerns for Isabella's safety and well-being, since her disclosure, Father has kept her in his primary care rather than continue with the week- on/week-off shared custody schedule. d. Father's sole purpose in seeking a temporary modification of the April 29, 2009 Order is to ensure Isabella's safety during the course of the Children and Youth investigation and Father is committed to returning to the shared custody schedule should the investigation show that the allegations are unfounded. 8. Mother is not represented and it is presumed that she would not concur with the relief requested in this Petition. WHEREFORE, Father respectfully requests the following: a. That this matter be scheduled for a custody conciliation to temporarily modify the terms of the current custody Order. b. Until the conciliation conference, Father shall continue to retain physical custody of the minor child. c. Should Cumberland County Children and Youth Services close their investigation and determine that the allegations are unfounded or impose a safety plan to allow the child to return to Mother's home, this action shall be withdrawn and the parties shall return to the schedule set forth in the April 29, 2009 Order. d. Any other relief this Court finds just and proper. Respectfully submitted, -4k? Je ica olst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, TYLER JOHNSON, verifies that the statements made in the above Petition for Temporary modification are true and correct. PLAINTIFF understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: /2 -7 /1 C---.) 6jOr ER R. NSON . AUK .4M&VOW - v ?, APR 2 7 20(x, TYLER R. JOHNSON, Plaintiff V. JAIME L. MASON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-1587 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this a'CI day of Wil. , 2009, upon consideration of the attached Custody Concil tion Report, it is ordered and directed as follows: 1. The Father, Tyler R. Johnson and the Mother, Jaime L. Mason, shall have shared legal custody of Isabella Lorene-May Johnson, born March 13, 2008. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and 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 child. 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. The parents shall have shared physical custody on a week on/week off schedule, with Mother having the week beginning Sunday, April 26, 2009. The time and exchange day shall be 5:00 p.m. on Sunday, except that the non-custodial. parent shall have physical custody of the child on Wednesday from 5:00 p.m. to 8:00 p.m. 3. The parties shall cooperate with each other and exchange custodial periods to accommodate family events. Jii +'. .i "z -mum Aft,„y^Aa; ,a7WS+.91EG.. .}:•?h. ,.. aeyR 0R:9Wk?.91?M[.. ,n:. si, .nwavr 4. Father shall be responsible for all transportation until Mother obtains her own transportation at which time the parties shall share transportation as agreed. Holidavs: A. Thanksgiving shall be shared such that Father shall always have physical custody of the child from 9:00 a.m. to 3:00 p.m. and Mother shall always have physical custody of the child from 3:00 p.m. to 9:00 p.m. B. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon and Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. The parties shall alternate Bock A and B as agreed. C. Easter shall be shared such that Father shall always have physical custody of the child from 9:00 a.m. to 3:00 p.m. and Mother shall always have physical custody of the child from 3:00 p.m. to 9:00 p.m. D. Mother shall always have physical custody of the child on Mother's Day from 9:00 a.m. to 5:00 p.m. Father shall always have physical custody of the child on Father's Day from 9:00 a.m. to 5:00 p.m. 6. Each party shall have physical custody for two non-consecutive weeks in the summer, provided they give the other party 30 days prior notice. 7. 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 B cc-?Andrew H. Shaw, Esquire, Counsel for Father Jaime L. Mason, pro se 4 North High Street Newburg, PA' 172/40 dof I'" v>'ta t ? J. 6Z I std 6z ?jV broOl 7Lli???1 i APR 27nq TYLER R. JOHNSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANL4, V. : NO. 2009-1587 CIVIL ACTION - LAW JAIME L. MASON, 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Isabella Lorene-May Johnson May 13, 2008 Mother 2. A Conciliation Conference was held in this matter on April 27, 2009, with the following in attendance: The Father, Tyler R. Johnson, with his counsel, Andrew H. Shaw, Esquire, and the Mother, Jaime L. Mason, pro se. 3. The parties agreed to an Order in the form as attached. Date Jac eline M. Verney, Esquire Custody Conciliator TYLER R. JOHNSON, Plaintiff/Respondent, vs. NO. 09-1587 CIVIL TERM JAMIE L. MASON, Defendant/Petitioner, : CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for Petitioner, Tyler Johnson, hereby certify that I have served a copy of the forgoing Petition for Temporary Modification by: U.S. First Class Mail to: Jamie L. Mason 4 North High Street Newburg, PA 17240 Date: 12 . L1• M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jes 'ca Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717)243-9400 TYLER R. JOHNSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent, : : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09-1587 CIVIL TERM JAMIE L. MASON, Defendant/Petitioner, : CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Tyler Johnson, Plaintiff, to proceed in forma au eris. I, Jessica Holst, attorney for the party proceeding in forma ap uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. ' T1 11A Je ca Holst, Esquire Mi Penn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 U:m -c, -< > > ;ZCD .! JOHNSON TYLER R IN THE COURT OF COMMON PLEAS OF . PENNSYLVAN CUMBERLAND COUNTY --? PLAINTIFF , • ?r o,. ?.° ? ? -u V. , 2009-1587 CIVIL ACTION LAW . . rn JAMIE L. MASON IN CUSTODY DEFENDANT = ='T ORDER OF COURT AND NOW, _ Thursday, December 30, 2010 , 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 Friday, January 28, 2011 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/ zacqueline M. Vemey, 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 f 3 ??d ¢? ?? Carlisle, Pennsylvania 17013 Te zt? Telephone (717) 249-3166 U A,, I TYLER R. JOHNSON, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, r ,03 - c PENNSYLVANIA ,zrn,. CASE NO. 09-1587 -v z JAMIE L. MASON, ?C) , Defendant CUSTODY -? b -t DEFENDANT'S RESPONSE TO PLAINTIFF'S PETITION TO TEMPORARY CUSTODY MODIFICATION WITH COUNTERCLAIM FOR CONTEMPT OF CUSTODY ORDER AND NOW, comes Defendant Jamie L. Mason, by and through her attorney, Sheri D. Coover, Esquire and files the following DEFENDANT'S RESPONSE TO PLAINTIFF'S PETITION FOR TEMPORARY MODIFICATION WITH COUNTERCLAIM FOR CONTEMPT OF CUSTODY ORDER and in support thereof avers as follows: 1. Admitted. (Plaintiff/Petitioner is hereby referred to as "Father") 2. Admitted in part, denied in part. It is admitted that Defendant/Respondent (hereinafter referred to as "Mother") resides at 4 North High Street, Newburg, Pennsylvania 17240. It is denied that she resides in Perry County, Pennsylvania. Mother actually resides in Cumberland County, Pennsylvania. 3. Admitted. 4. Admitted. S. a. Admitted. By way of further explanation, both parties have been active parents and have shared legal and physical custody of the minor child on an alternating week basis since the time of the April 29, 2009 Custody Order. b. Admitted in part, Denied in part. It is admitted that Father has made reports to Cumberland County Children and Youth Services of alleged abuse by Mother and her boyfriend. On September 12, 2010, Father made a report that Mother was abusing the child due to a bruise on the child. Cumberland County Children and Youth closed their investigation into this report that day. On November 16, 2010, Father made a report to CCC&YS of alleged sexual abuse of the child by Mother's boyfriend (Rodney). This report was determined to be unfounded by Cumberland County Children and Youth Services on January 6, 2011. It is denied that CCC&YS has any additional investigations ongoing concerning Isabella, Mother or Rodney. Mother has no knowledge or information to form a belief as to the reports made by Isabella (who is two years old) to Father so that portion of the paragraph is denied. It is further denied that Rodney is Mother's paramour. Rodney lives at a separate address from Mother. C. Admitted in part, Denied in part. Mother admits that Father has willful denied her periods of custody with the child. Mother denies that this was done out of concerns for Isabella's safety and well-being. Father was informed by Children and Youth caseworker Justin Walker that the child was allowed to return to Mother's custody as directed by the custody order in place and Father chose to withhold custody of the child anyways. d. Denied. Father was informed that the investigation was unfounded and has chosen to continue to withhold the custody of the minor child from Mother since January 6, 2011. 6-7. These paragraphs were omitted in the Plaintiff's Motion for Temporary Modification so no response is required. 8. (sic) Admitted. Mother was not represented at the time of the filing of the Plaintiffs Motion to Modify Custody Order. Mother does not concur with the relief requested by the Plaintiff. DEFENDANT'S COUNTERCLAIM FOR CONTEMPT OF CUSTODY ORDER 9. Mother incorporates paragraphs 1 through 8 as contained above in their entirety. 10. The report of alleged abuse made by Father against Mother was closed by CCUYS on September 12, 2010, the same date that the report was made. 11. The report of alleged sexual abuse made by Father against Mother's boyfriend was determined to be unfounded by Cumberland County Children and Youth on January 6, 2011. 12. Due to a previous investigation regarding her boyfriend, Rodney Lane Jr. by Adams County Children and Youth Services, Mother voluntarily entered into a safety plan whereby she agreed that Mr. Rodney Lane, Jr. was not to be unsupervised with Isabella. 13. Rodney Lane, Jr. does not reside with Mother and Mother has agreed that she will not allow Rodney Lane, Jr. to be unsupervised with Isabella. 14. Father has willfully denied Mother her periods of custody with the minor child since November 14, 2010, despite the fact that he was advised by Justin Walker, the caseworker from Cumberland County Children and Youth Services, that it was safe for the child to return to Mother's care. 15. Upon information and belief, Father has been informed that the investigation was unfounded but continues to deny Mother's requests for the child to be returned to her custody. 16. Mother has attempted to make several calls to speak to Isabella. Each time Father denies allowing Mother to speak to Isabella because he claims that he is afraid for the child's safety. 17. Due to Father's refusal to allow Mother to exercise her periods of custody of the child, Mother has missed over five weeks of custodial time and missed her periods of custody with Isabella over Thanksgiving and Christmas. 18. A custody conciliation is scheduled in this case on Father's Petition to Modify Custody before Jacqueline Verney, Esquire on January 28, 2011 at 9:30 a.m.. Mother requests that her contempt position be scheduled to be heard at the same time as Father's Petition to Modify Custody. WHEREFORE, Mother requests that this Court: a. Find Father in contempt of the April 29, 2009 Custody Order; b. Father be assessed a penalty of $500.00 for contempt of the Court's Custody Order pursuant to 23 Pa.C.S. § 4346; c. Mother be assessed reasonable makeup time for the periods of custody that she has missed; d. Other relief be granted to Mother as this Court deems to be just and appropriate. submitted, $heri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 TYLER R. JOHNSON, Plaintiff V. JAMIE L. MASON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 09-1587 : CUSTODY VERIFICATION I, Jamie L. Mason, hereby certify that I have reviewed the foregoing DEFENDANT'S RESPONSE TO PLAINTIFF'S PETITION TO TEMPORARY CUSTODY MODIFICATION WITH COUNTERCLAIM FOR CONTEMPT OF CUSTODY ORDER and hereby verify that all of the statements contained therein are true and correct to the best of my knowledge, information and belief. I understand that I can be subject to penalties of perjury both civilly and criminally under Pennsylvania and federal law for any false statements contained therein. Jamie L. M n Date TYLER R. JOHNSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. CASE NO. 09-1587 JAMIE L. MASON, Defendant CUSTODY CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on thist (D day of January, 2011, i caused a copy of the foregoing DEFENDANT'S RESPONSE TO PLAINTIFF'S PETITION FOR TEMPORARY MODIFICATION OF CUSTODY WITH COUNTERCLAIM FOR CONTEMPT OF CUSTODY ORDER to be served upon counsel for the Plaintiff via United States First class mail addressed as follows: Jessica Hoist, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 submitted, 5Keri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 Y+• 3 TYLER R. JOHNSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • ?' C V. : NO. 2009-1587 CIVIL ACTION - L-*g MM r*i rn - - JAIME L. MASON, Z av cnr- coo I -,r Defendant : IN CUSTODY = C'' >? - 'gym ORDER OF COURT AND NOW, this day of , 2011, upon consideration of the attached Custody Conciliation Repo , it is ordered and directed as follows: 1. The prior Order of Court dated April 29, 2009 shall remain in full force and effect with the following modifications. 2. The provision providing for the non-custodial parent to have physical custody of the child on Wednesday from 5:00 p.m. to 8:00 p.m. is hereby deleted. 3. For the next 5 weeks of Mother's alternating week schedule, her period of custody shall be from Sunday at 5:00 p.m. to the second Tuesday at 5:00 p.m. or 9 days, providing that Mother complies with Cumberland County Children & Youth's Safety Plan. Following this make-up time, the parties' week on/week off schedule shall resume 4. Transportation shall be shared such that the receiving party shall transport as long as Mother has access to reliable transportation. 5. The parties shall have two uninterrupted consecutive weeks of physical custody in the summer, provided they give the other party 30-days prior notice. Following the 2 consecutive weeks, the parties alternating schedule will resume. 6. All other provisions of the Order of Court shall remain in full force and effect. 7. 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 4P BY THE COU ? cc: Jessica Holst, Esquire, Counsel for Father mailed Sheri D. Coover, Esquire, Counsel for Mother Npies 4lt)( DO TYLER R. JOHNSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-1587 CIVIL ACTION - LAW JAIME L. MASON, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH Isabella Lorene-May Johnson May 13, 2008 CURRENTLY IN CUSTODY OF Father 2. A Conciliation Conference was held in this matter on January 28, 2011, with the following in attendance: The Father, Tyler R. Johnson, with his counsel, Jessica Holst, Esquire, MidPenn Legal Services, and the Mother, Jaime L. Mason, with her counsel, Sheri D. Coover. 3. The Honorable Edward E. Guido previously entered an Order of Court dated April 29, 2009 providing for shared legal and shared physical custody on a"week on/week off basis. 4. The parties agreed to an Order in the form as attached. 1 _31-11 Date acq line M. Verney, Esquire Custody Conciliator