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HomeMy WebLinkAbout10-0294U Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 FILE(-CfFICE OF THE PQ,,07Mn N10TARY 2010 JAN I I Fri 12: 09 cut,; J4 : ii ' ti J 1 TARA K. GOHN, Plaintiff V. JERAD S. GOHN, Defendant : IN THE COURT OF CUMBERLAND COUNTY, PENNSYLVANIA NO. It> - aqq CtVtl Ierrrn : CIVIL ACTION -LAW : IN DIVORCE/CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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, Pennsylvania 17013 (717) 249-3166 4S0r7•0C> PpATry 0 jo. (et 0-0 89 45 ?, Y t? Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TARA K. GOHN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 16 - oZ 91/ c ?U- JERAD S. GOHN, CIVIL ACTION -LAW Defendant : IN DIVORCE/CUSTODY COMPLAINT IN DIVORCE AND CUSTODY 1. Plaintiff is Tara K. Gohn, an adult individual residing at 1103 Quincy Circle, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is Jerad S. Gohn, an adult individual residing at 314 11 ch Street, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. Pennsylvania. 5. The Plaintiff and Defendant were married on September 30, 2005 in York County, There is one (1) minor child born of this marriage being Olivia N. Gohn (Born: May 3, 2008). 6. The parties separated in September, 2009. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9 of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. COUNT II EQUITABLE DISTRIBUTION 12. The averments in paragraphs 1 through 11 of Plaintiffs Complaint are incorporated herein by reference thereto. 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 3501 of the Pennsylvania Divorce Code. COUNT III CUSTODY COMPLAINT 14. The averments in paragraphs 1 through 13 of Plaintiffs Complaint are incorporated herein by reference thereto. 15. Plaintiff seeks shared legal and primary physical custody of the following child: NAME PRESENT RESIDENCE DATE OF BIRTH Olivia N. Gohn 1103 Quincy Circle May 3, 2008 New Cumberland, PA 16. The child is presently in the custody of Mother who currently resides at 1103 Quincy Circle, New Cumberland, Pennsylvania 17070. 17. During the past five years the child has resided with the following persons at the following addresses: DATES 5/3/08-10/22/09 10/22/09-Present ADDRESSES 314 11' Street New Cumberland, PA 1103 Quincy Circle New Cumberland, PA NAMES OF PERSONS IN HOUSEHOLD Mother, Father and child Mother and child The parties are presently married but separated. Mother physically vacated the marital residence on October 22, 2009. 18. The Mother of the child is Tara K. Gohn, currently residing at 1103 Quincy Circle, New Cumberland, Cumberland County, Pennsylvania. 19. The Father of the child is Jerad S. Gohn, currently residing at 314 11th Street, New Cumberland, Cumberland County, Pennsylvania. 20. The relationship of the Plaintiff to the child is that of Mother. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Tara K. Gohn Self Olivia N. Gohn Daughter 21. The relationship of the Defendant to the child is that of Father. The Defendant currently resides with the following person: NAME RELATIONSHIP Jerad S. Gohn Self 22. Plaintiff has not participated as a party of a witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 23. Plaintiff has no information of a custody proceeding concerning the child pending in any court in this Commonwealth. 24. 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. 25. The best interest and permanent welfare of the child will be served by granting the relief requested because Mother is better able to provide a stable and loving home environment for the child than Father. 26. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, the Plaintiff requests the Court to grant shared legal custody and primary physical custody of the child to the Plaintiff. WHEREFORE, Plaintiff, Tara K. Gohn, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Equitably distributing the marital property; C. Awarding shared legal and primary physical custody of the child to Plaintiff; D. Awarding other relief as the Court deems just and reasonable. Dated: January 8, 2010 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TARA K. GOHN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. I6'??y JERAD S. GOHN, CIVIL ACTION -LAW Defendant IN DIVORCE/CUSTODY AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Datedi Q 11 19 2010 I ataLLUJaA. TARA K. GOHN Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TARA K. GOHN, : IN THE COURT OF COMMON PLEAS Plaintiff V. JERAD S. GOHN, Defendant CUMBERLAND COUNTY, PENNSYLVANIA . NO. CIVIL ACTION -LAW IN DIVORCE/CUSTODY VERIFICATION I, Tara K. Gohn, hereby certify that the facts set forth in the foregoing Pleading are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DatedtlQi1V01A (0 , 2010 TARA K. GOHN .- < '9 . TARA K. GOHN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JERAD S. GOHN DEFENDANT 2010-294 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, January 19, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, February. 24, 2010 at 2:30 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. Failure to appear at the conference may provide grounds for entrv of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ John . Man an r. Es _ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 'T TH P, T"-"N'TARY 2010 JAN 20 Pli 2* 3 r,C f Z" PLE ur= :ter T? ?: p-r-1 'n' 'pit! .Y Barbara Sumple-Sullivan, Esquire Supreme Court #32317 ZQ 1 Q JAU0 A N41O: 17 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 GJ? f w i'?TY TARA K. GOHN, IN THE COURT OF COMM04ftlLA§f A Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10 - 294 JERAD S. GOHN, CIVIL ACTION -LAW Defendant IN DIVORCE/CUSTODY AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint in Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7007 2680 0002 4649 5703, Return Receipt Requested, on the above-named Defendant, Mr. Jerad S. Gohn, on January 14, 2010 at Defendant's last known address: 314 11th Street, New Cumberland, PA 17070. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: January 15, 2010 $arb aumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Domestic Mail Only; No Insurance Coverage Pro viae For delivery information visit our website at www.usps.coms = -0 Postage $ Certified Fee Po i Return Receipt Fee e -,3 0 (Endorsement Required) hl g p Restricted Delivery Fee r3 (Endorsement Required) \`?rJlji1'1 -0 Total Postage & Fees r?- Sent C3 ??. Qr'aC v C3 Street, Apt. No.; •? j j (r{? t N or PO Box No. ( ( ( t (c ry state, ztP+4 0? LIZ' c.?itla / ?D ¦ OWrtptete items 1, 2, and 3. Also complete A. $IQttekn Own 4 If Restricted DoWery b desired. ? A" t ¦ P dnt your name and address on the mverse• ? Afts so that we can return the card to you, by f Ns!ne1 D. Do" ¦ Minch this card to the back of the mailptece, or on the front If space permits. 1. ArYcle Addressed to. D. Is delvety adcMees dl8erent from hem 1? ? Yes If YES, enter delvery address helo*: ? No mr. JPrud s. %n 3 1'4 DELIVERY / ?D-'° a awvbo erased Map 0 Erpm Me6 ? Repletered 0 ReUm Receipt for Mew:tmtbe ? k=W Md 0 QMD. Abow r 2. ^WeNumber 7007 268[] 0002 4649 5703 1 III II?Pb ftm 3811, ftwu ry Tw- n., -I rNampwoelpt t " EXHIBIT "A" Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TARA K. GOHN, Plaintiff V. JERAD S. GOHN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLWIA ` c NO. 10 - 294 rn Am . w CIVIL ACTION -LAW IN DIVORCE/CUSTODY w ACCEPTANCE OF SERVICE r I, Steven Howell, Esquire, hereby accept service and acknowledge receipt of the above- captioned Divorce/Custody Complaint on behalf of Defendant, Jerad S. Gohn, having received said Complaint and Order on the 2 o day of ? 2010. Wwell Law Firm 619 Bridge Street New Cumberland, PA 17070 Attorney for Defendant Supreme Court ID No. 62063 (717) 770-1277 TARA K. GOHN, : IN THE CO ~~OMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 10-294 CIVIL ACTION LAW JERAD S. GOHN, IN CUSTODY Defendant ORDER OF COURT '1'h AND NOW this ~ day of July 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Jerad S. Gohn, and the Mother, Tara K. Gohn, shall have shared legal custody of Olivia N. Gohn, born 05/03/2008. The parties shall have an equal right 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 of the other parent. T'o the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Phvsical Custody: Mother and Father shall share physical custody of Olivia on a repeating two week schedule as follows: a. In week one, Mother shall have physical custody of Olivia from Monday after work until Wednesday morning, Father shall have custody from after work Wednesday until Friday morning and Mother shall have custody from after work Friday until Monday morning. b. In week two, Father shall have physical custody of Olivia from Monday after work until Wednesday morning, Mother shall have custody from after work Wednesday until Friday morning and Father shall have custody from after work Friday until Monday morning. c. The parties shall mutually agree upon the exchange times, locations and care- givers for Olivia. Regular Phvsical Custody Schedule (D=dad M=mnm1 Monday Tuesday Wednesday Thursda Friday Saturday Sunda D M M M D D D M M M M D D D M M M D D D 3. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 4. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. In the absence of agreement, either party may request a conference with the assigned conciliator to establish a schedule. 5. Vacation: The parties shall mutually agree upon a vacation schedule. 6. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 9. Either party may request a status conference in person, or via telephone, with the assigned conciliator within 60 days of the instant Order. The parties shall contact the assigned conciliator directly to schedule said conference. 10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, ~~. distribution: Steven Howell, Esq., 619 Bridge Street, New Cumberland PA 17070 ,~, , VBarbara Sumple-Sullivan, Esquire c o `-,=; /John J. Mangan, Esquire ~ ~' ~ ~-~ rr, ~ ; ~:_ ~ t-- ~.. -n ~~ ~= ~ : ; .. TARA K. GOHN, Plaintiff v. JERAD S. GOHN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-294 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Olivia N. Gohn 05/03/2008 Father and Mother 2. A Conciliation Conference was held with regard to this matter on May 19, 2010 with the following individuals in attendance: The Mother, Tara K. Gohn, with her counsel, Barbara Sumple-Sullivan, Esq. The Father, Jerad S. Gohn, with his counsel, Steven Howell, Esq. 3. The parties agreed to the entry of an Order in the form as attached. g '---- Date John an, Esquire Cust dy nciliator TARA K. GOHN, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~, N0.2010-294 CIVIL TERM JERAD S. GOHN, CIVIL ACTION -LAW ~ Defendant IN DIVORCE ~ ° ° ~ ~ r~~., ~~~" ~ r.. i S"il PRAECIPE TO ENTER APPEARANCE ~== , ~~ ~ .~ _ ~: ~ ~ri TO THE PROTHONOTARY: ~ .~ c;r -4 Please enter the appearances of Max J. Smith, Jr., Esquire and farad W. Handelman, Esquire as counsel for Tara K. Gohn, Plaintiff in the above-captioned matter. Date: July ~y , 2010 Max J. Smith, Jr., I.D. No. 32114 James, Smith, Dietterick & Connelly ri.r P.O. Box 650 Hershey, PA 17033 (717) 533-3280 farad W. Handelman, Esquire I.D. No. 82629 a TARA K. GOHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA c~ C ~ ~ r-~ v. No. 10-294 CIVIL ACTION LA, ~ V ~ ~ n ~ ' JERAD S. GOHN, ~ IN CUSTODY "~ ~ ~ Defendant ' `~ ~ ~-' -~ ~~} ~ ~~~ Prior Judge: M.L. Ebert, Jr., J. S>~ w -~rn ~' ORDER OF COURT AND NOW this ~'-"day of September 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders are hereby VACATED and replaced with this Order. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the / ~~`'" day of ° , 201 ~ at 'p am/p~..in Courtroom number 2 in the Cumberland C unty Co of Common Pleas, Carlisle, PA 17013 at which time testimony will betaken in regard to the physical custody for the subject Child. For purposes of this hearing, the Mother 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. 3. Legal Custody: The Father, Jerad S. Gohn, and the Mother, Tara K. Gohn, shall have shared legal custody of Olivia N. Gohn, born 05/03/2008. The parties shall have an equal right 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 of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 4. Physical Custody: Mother and Father shall share physical custody of Olivia on a repeating two week schedule as follows: a. In week one, Mother shall have physical custody of Olivia from Monday after work until Wednesday morning, Father shall have custody from after work Wednesday until Friday morning and Mother shall have custody from after work Friday until Monday morning. b. In week two, Father shall have physical custody of Olivia from Monday after work until Wednesday morning, Mother shall have custody from after work Wednesday until Friday morning and Father shall have custody from after work Friday until Monday morning. c. The parties shall mutually agree upon the exchange times, locations and care- givers for Olivia. Regular Physical Custody Schedule (D=dad M=moml Monda Tuesda Wednesda Thursda Frida Saturda Sunday D M M M D D D M M M M D D D M M M D D D 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 6. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. In the absence of agreement, the parties shall abide by the holiday schedule as attached. 7. Vacation: The parties shall mutually agree upon a vacation schedule. 8. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 10. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, ~Stribution: /` ~ewen Howell, Esq., 619 Bridge Street, New Cumberland, PA 17070 /_ N1ax Smith, Esquire /John J. Mangan, Esquire t ~S ~aZ [ ~/ lh/ 4 ~o ~ TIMES EVEN ODD HOLIDAYS AND YEARS YEARS SPECIAL DAYS Easter Da 1St Half From 9 am until 3 m Father Mother Easter Da 2n Half From 3 m until 9 m Mother Father Memorial Day From 9 am until 9 pm Mother Father Inde endence Da From 9 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or Father Mother treating to one hour after trick or treatin Thanksgiving 1St From 8 am Thanksgiving Day to 2 Father Mother Half m on Thanks 'vin Da Thanksgiving 2° From 2 pm on Thanksgiving Day to Mother Father half noon the da after Thanks 'vin Da Christmas 1St Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2° Half From noon on 12/25 to noon on Mother Father 12/26 New Year's From 6 pm 12/31 until noon January Mother Father 1St (with the 12/31 year to control the even/odd determination) Mother's Day From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father TARA K. GOHN, Plaintiff v. JERAD S. GOHN, Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-294 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Olivia N. Gohn 05/03/2008 Currently in the Custody of Father and Mother 2. A Conciliation Conference was held with regard to this matter on May 19, 2010, an Order issued July 09, 2010 and a conference was held August 31, 2010 with the following individuals in attendance: The Mother, Tara K. Gohn, with her counsel, Max Smith, Esq. The Father, Jerad S. Gohn, with his counsel, Steven Howell, Esq. 3. Mother's position on custody is as follows: Mother does not believe that the current situation is going well. Mother indicated that she had been willing to try the current arrangement, but that she did not, and does not, want the current Order to be permanent. Mother asserts that Olivia needs routine, stability and structure. Mother does not believe that the current Order provides for this. Mother indicates that the Child comes back from Father's very tired and her behavior is somewhat anxious. Mother offered Father something along the line of an extended alternating weekend, but that she desires primary custody. Mother requests that the Child attend day care on a full time basis. 4. Father's position on custody is as follows: Father indicates that he believes that the custodial situation is going well. There is another child in Father's residence approximately the same age as Olivia and the two get along very well. Father indicates that Olivia will be going to pre- school in approximately a year and a half and does not see a significant benefit in Olivia attending day care full time versus the Child being watched at his residence when Olivia is in his care. Father indicates that he, at the very least, would like a shared custody situation. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require one half day. 6. The proposed recommended Order may contain a requirement that the parties file apre-trial memorandum with the Judge to whom the matter has been assigned. ~~ ~~ Date ~-" Jo gan, Esquire C tod Conciliator TARA K. GOHN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. - C= JERAD S. GOHN, cry', DEFENDANT NO. 10-294 CIVIL; r - ?? , cn IN RE: CUSTODY ? CD - _ c C ORDER OF COURT =, - t AND NOW, 14th day of February, 2011, after full hearing in the above-captioned matter and consideration of the Pre-Hearing Memorandums filed by the Parties; IT IS HEREBY ORDERED AND DIRECTED that this Court's previous Order of September 7, 2010, providing shared custody of the child which included a holiday and special day schedule shall remain in effect. By the Court, lv? 1_? - M. L. Ebert, Jr., /Max J. Smith, Jr., Esquire Attorney for Plaintiff Steven Howell, Esquire Attorney for Defendant e4p 165 M,?ld af'SID?s J. bas A TARA K. GOHN, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2010 - 294 JERAD S. GOHN, DEFENDANT CIVIL ACTION - LAW (DIVORCE) OBJECTION TO ISSUANCE OF SUBPOENA To: Max J. Smith, Jr., Esquire James, Smith, Dietterick & Connelly LLP iC°, rn- - P.O. Box 650 =;V r- 0m Cam, Hershey, PA 17033 ,, r cn °o -. 1. On March 16, 2011 Plaintiff's counsel mailed a proposed subpoena ?C) _ ?n CDn Notice of Intention to Service a Subpoena as shown on Exhibit "A". N C"rn 2. The twenty (20) days to object expires on April 5, 2011. 3. The subpoena was directed to Defendant's employer for work the Defendant performs outside his regular work hours as an independent contractor. 4. On April 4, 2011 the Defendant's employer provided a letter confirming that he paid the Defendant $4,900.00 in 2010 for outside maintenance on his employer's home in Lancaster. See Exhibit "B". 5. Service of the subpoena at this point will simply create unnecessary work for the Defendant's employer and is unnecessary. Respectfully submitted, BY: Stey,ef Howell, Esquire well Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Defendant Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the party/parties set forth below by postage prepaid, first class United States Mail addressed as follows: Max J. Smith, Jr., Esquire (Via Fax) James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 By: Date: April 4, 2011 JAMES SMITH DmmTER cx & CONNELLY LLP Max J. Smith, Jr. Email: mis(a)jsdc.com FAX 717.533.2795 March 15, 2011 Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070-1933 In re: Gohn v. Gohn No. 2010-294 Dear Steve: Enclosed please find a Notice of Intent to Serve Subpoena directed to Transteck, Inc./Freightliner of Harrisburg, specifically to the attention of Larry Hufford. Please advise as soon as possible if you are willing to waive the twenty (20) day notice period. Thank you for your attention. Very truly yours, J ES, SMITH, DIETTERICK & CONNELLY LLP Max J. Smith, Jr. MJS,Jr.: arcs Enclosure cc: Tara K. Gohn w/enc P.O. BOX 650 HERSHEY, PA 17033 Courier Address: 134 SIPE AVENUE HUMMELSTOWN, PA 1703E TEL. 717 533,3280 WWW.JSDC.COM GARY L. JAMES MAX J. SMITH, JR. JOHN J. CONNELLY, JR. SCOTT A. DIETTERICK JAMES F. SPADE MATTHEW CHABAL, III NEIL W. YAHN EDWARD R SEEBER RONALD T. TOMASKO SUSAN M.KADEL JARAD W. HANDELMAN COURTNEY K. POWELL KIMBERLY A. BONNER KAREN N. CONNELLY JOHN M. HYAMS CHRISTINE T BRANN JESSICA E. LOWE SEAN M.CONCANNON GREGORY A. KOGUT, JR THOMAS J. CAR OF COUNSEL: GREGORY K. RICHARDS BERNARD A. RYAN, JR. «A 0 '•.I 4k, w• Lo t1 ?a i.ri. r.. ,h?^+ 0 ?MM CD ll, v ^y^ 9 H. _ N O C 0 00 x m N D v (77C o w p E %% . P ilk, Hasler d a CSS 4 ' Y h ' } ) S :S 3 C N: 10 TRANSTEC[, INC. We keep our customer's trucks on the road. April 4, 2011 Sirwrtuanow T R V i R t UMESifitN STAR" At FUS0 deport. NJ Hagerstown, MD Harrisburg, PA Lancaster, PA Philadelphia, PA York, PA TO WHOM IT MAY CONCERN: Jerad Gohn has been employed by Larry Hufford as an outside maintenance / groundskeeper for my farm in Lancaster, Pa. During this employment in 2010 Jerad has earned $4,900.00 which he claimed on his tax returns. Larry Hufford Corporate Office 4303 Lewis Road, P.O. Box 4174, Harrisburg, PA 17111 1 Phone. 717-564-6151 1 Fax: 717-564-1118 www.ponnfreighfliner.com k1 RPR-21-2011 16:21 TARA K. GOHN, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA P.12 VS. NO. 2010-294 JERAD S. GOHN, CIVIL ACTION -LAW Defendant : IN DIVORCE car, r7l AFFIDAVIT OF CONSENT AND WAIVER OF COI_INSELING' -` 1, A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 11, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and understated that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities, Date: Aprik?gz 2011 APR-21-2011 16:21 TARA K. GOHN, Plaintiff vs. JERAD S. GOHN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-294 CIVIL, ACTION -LAW IN DIVORCE C) C rn? Z? ?•a "'C7 N -4 FS o P.13 C __q 7C -ri S ? WAVER QF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without further notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Date: April n29,2011 GOHN TOTAL P.13 1• ILED-0F 1= ICZ ,_IF THE QRD71?C??,? 1"A TARA K. GOHN, 2?{ 1 APR 29 PM 3. 13 : IN THE COURT OF COMMON PLEAS P1air???RL??jlj t+DU37 I` : CUMBERLAND COUNTY, PENNSYLVANIA FENNSYLV01A : vs. : NO. 2010-294 JERAD S. GOHN, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 11, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: April , 2011 T .GOHN FILED'OFFIC r F THE PPOTHnh' 3 jr?r? TARA K. GOHN, 2011 APR 29 PM 3:13 IN THE COURT OF COMMON PLEAS PlaintSR?A? CC??'T` CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA VS. : NO. 2010-294 JERAD S. GOHN, Defendant CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I consent to the entry of a Final Decree of Divorce without further notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: April C3L, 2011 TARA MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 'II day of 0 Pf(J L , 2011, by and between TARA K. GOHN (hereinafter called "Wife") and JERAD S. GOHN (hereinafter called "Husband") WITNESSETH: WHEREAS, Husband and Wife were married on September 30, 2005; and c -? ? ? s rn va ,. m ro :73 CD c? C -n CD -n r7l 3 ?^ WHEREAS, There has been one (1) child born of this marriage, to wit: OLIVIA N. GOHN, born May 3, 2008; and WHEREAS, the parties hereto desire to fix and determine by this Marital Settlement Agreement the rights and claims that have accrued to each of them in the estate and real and personal property of the other by reason of the marriage, and all economic rights of every kind and description arising from the marital relationship, including but not limited to present and future rights of inheritance, support, maintenance, alimony, payment of counsel fees and equitable distribution and to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of all such rights and claims. NOW, THEREFORE, in consideration of the premises and of the marriage, and in further consideration of the mutual promises and undertakings hereinafter set forth, each intending to be legally bound hereby, the parties agree as follows: SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. 3. WIFE'S DEBTS. Wife represents and warrants to Husband that as of the date of separation, October 2009, she has not incurred, and in the future she will not contract or incur, any debts or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. Any and all loans, and/or debts and charge accounts presently in Wife's name alone shall be Wife's sole and separate responsibility for payment thereof, and Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by Wife. 4. HUSBAND'S DEBTS. Husband represents and warrants to Wife that as of the date of the separation, October 2009, he has not incurred, and in the future he will not contract or incur, any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Any and all loans, and/or debts and charge accounts, presently in Husband's name alone shall be Husband's sole and separate responsibility for payment thereof, and Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. 5. EQUITABLE DISTRIBUTION. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for the equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502 of The Divorce Code or any other laws. 2 Husband and Wife voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 6. REAL ESTATE. The parties agree that Wife shall grant, transfer, relinquish and convey to Husband all of her right, title and interest in the marital residence located at 314 Eleventh Street, New Cumberland, Cumberland County, Pennsylvania. Wife shall execute a deed so transferring her equitable interest in the said premises to Husband contemporaneously with the execution of this Agreement. The deed shall be held in escrow by counsel for Wife pending completion of Husband's mortgage refinancing. As consideration for Wife transferring her interest in the marital home to Husband, Husband shall pay to Wife the sum of Five Thousand and 00/100 ($5,000.00) Dollars, payable not later than ni ety (90J days from e date Q +.:c "roe cweclc tqo^ 106keS of this Agreement. New Cuk.,,wlollr+n S??rt1 ht aaAot? Husband shall immediately take all necessary steps to refinance the existing mortgage obligation, so that Wife's name may be removed therefrom. In the event Husband fails to complete mortgage refinancing within ninety (90) days from the date of this Agreement, the parties agree to list the property for sale immediately with a mutually agreed real estate agent, and shall be guided by the realtor in determining the terms of sale. In the event of sale of the marital residence, the net proceeds of sale shall be distributed such that Wife receives $5,000.00 and Husband shall receive the remainder of said proceeds. Pending Husband's refinancing of the mortgage, it is specifically understood and agreed that Husband hereby assumes sole responsibility for payment of the current mortgage obligation thereon, and shall further be solely responsible for payment of all other real estate-related expenses and household expenses, including but not limited to taxes, insurance and utilities. Husband shall indemnify and save harmless Wife from any loss he may sustain, including attorney fees, as a result of any default in payment of the aforesaid obligations by Husband. *j% Nw wr Mn P,% r*1t s o LA_ A-.%jA s P_ I Adt A---r e P R&PeA7I +?ke %OAA %ce of 't'4 eSGfo%Ad A-cCoWl't v?n r?.??zA-?w? ?3 ul T*S 7. DIVISION OF PERSONAL PROPERTY, ACCOUNTS AND VEHICLES. The parties have divided between them, to their mutual satisfaction, the personal effects, bank 4- F t" r 'i? 3 ., P o P; J ce v ?f i-S ?a 'r A ? ?,A V fr,n ?n Sir AACt rcg S Cl.gA-(??nc? ?++-A4 G accounts, household furniture and furnishings and all other articles of personal property which have heretofore been used by them in common. The parties expressly agree that Wife shall be entitled to exclusive ownership of the vehicle currently in her possession, and that Husband shall relinquish any and all interest he may have in same. Wife agrees to be solely responsible for payment of any and all encumbrances, and all other expenses affecting such vehicle. Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by Wife. Husband shall be entitled to exclusive ownership of the vehicle currently in his possession, and that Wife shall relinquish any and all interest she may have in same. Husband agrees to be solely responsible for payment of any and all encumbrances, and all other expenses affecting said vehicle. Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. The parties further agree to execute any vehicle titles, Powers of Attorney or other documents necessary to give this Paragraph full force and effect, upon request. S. PENSIONS AND EMPLOYMENT BENEFITS. Husband and Wife are the owners of certain pension plans and/or retirement plans and/or employee stock or savings plans, which they have accumulated during the course of their past and/or present employment. It is hereby specifically agreed that Husband and Wife each shall forever relinquish to the other his or her right, title and interest in said pension plans and/or retirement plans and/or employee stock or savings plans, as well as all other employment benefits, of the other. Specifically included herein are all benefits to which Husband is entitled through his employment with Freightliner of Harrisburg and all benefits to which Wife is entitled through her employment with Bethany Village. The parties agree to execute any and all documentation necessary to effectuate the terms herein contained. 9. CUSTODY. The parties' rights and obligations respecting custody of their minor child shall be governed by the Orders dated February 14, 2011 and September 7, 2010, entered to No. 10-294, Court of Common Pleas of Cumberland County, Pennsylvania, or as such Order may hereafter be modified. The parties further agree that in the event the custodial parent is 4 unavailable to provide care for Olivia for a period of 24 hours or longer, the other parent shall be afforded the first option of providing care for Olivia. 10. CHILD SUPPORT. For as long as the parties share custody of the children on an equal basis, neither party shall have any responsibility to pay child support to the other party. The parties further agree to share daycare expenses equally, as well as the cost of all uninsured health care expenses and agreed upon activities in which Olivia is enrolled. The parties herein acknowledge that support is modifiable pursuant to Pennsylvania law, and that either party may petition the Court of Common Pleas of Cumberland County, or any other court having appropriate jurisdiction, to establish a court order of support pursuant to such guidelines. 11. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. Both parties agree to make no claim for alimony, alimony pendente lite or spousal support now or at any future time, or in connection with the pending divorce action between the parties. 12. CHILDREN AS DEPENDENTS FOR INCOME TAX. For as long as physical custody of Olivia is shared equally, the parties agree that Husband shall claim her as a dependent for income tax purposes in 2011 and all odd-numbered years, Wife shall claim her as a dependent for income tax purposes in 2010 and all even-numbered years. 13. COUNSEL FEES. Husband and Wife agree to be solely responsible for payment of his or her attorney fees in connection with this Agreement and the pending divorce action between the parties. 14. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' mutual assets and all other rights determined by this Agreement shall be subject to Court determination the same as if the parties had never executed this Agreement. 15. FINANCIAL DISCLOSURE. The parties have disclosed to each other and they are aware of the extent of each other's income, assets, liabilities, holdings and estates. Husband and Wife confirm that by executing this Agreement each forever waives any future right to set aside said Agreement, or to defend against its enforcement or any portion thereof based upon the absence of such a disclosure by the other party, or based upon any claim that it is inequitable, unconscionable or does not make a reasonable provision for one or the other of them. 16. SUBSEQUENT DIVORCE. Nothing herein contained shall be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction, nor to bar the other from demanding any such suit. 17. NO-FAULT DIVORCE. Both parties agree to execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree to facilitate entry of a divorce decree pursuant to Section 3301(c) of the Divorce Code contemporaneously with execution of this Agreement. w E `e4VH.?- ? R--0 T -r C 18. BREACH. If either parry Brea any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages, including attorney fees, for such breach, or seek such remedies or relief as may be available to him or her respectively. 19. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments, including Deeds and other real estate-related documents, titles, pension documents, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 6 20. VOLUNTARY EXECUTION. The provisions of this Agreement and their legal effect have been fully explained to the parties by Max J. Smith, Jr., Esquire, attorney for Wife, and Steven Howell, Esquire, attorney for Husband, and each party acknowledges that the Agreement is fair and equitable, that full disclosure has been made by each respective party to the other, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Wife and Husband acknowledge that they have been furnished with all information relating to the financial affairs of the other, which has been requested by them respectively. 21. WAIVER OF CLAIMS AGAINST ESTATE. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take property against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights and claims. 22. INCORPORATION OF AGREEMENT FOR ENFORCEMENT. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives and assigns. This Agreement shall survive a decree of divorce between the parties in any jurisdiction and any other order which may be entered in accordance with this Agreement. In the event that a Decree of Divorce is entered in the Court of Common Pleas of Cumberland County, Pennsylvania or in the event that a Decree in Divorce is entered in any other jurisdiction, the parties agree to incorporate this Agreement in the Divorce Decree for purposes of enforcement. It is the specific intent of the parties to be bound by the provisions hereof in lieu of any other claim or order of support, maintenance, alimony, equitable distribution, counsel fees, costs, maintenance of insurance, equitable relief or property settlement or with regard to any other provision hereof. In the event that any final order of court is entered 7 in any jurisdiction with respect to the parties hereto which is contrary to the provisions hereof, then the rights and responsibilities of each of the parties hereto shall be relieved or adjusted to the extent necessary to conform to this Agreement. 23. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 24. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement, shall not be construed as a waiver or any subsequent default of the same or similar nature. 25. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 26. IRREVOCABILITY. It is understood and agreed to by and between the respective parties hereto that the property division-distribution effected by the herein Agreement is IRREVOCABLE and that such division-distribution shall not be affected by any future change in circumstances of the respective parties OR by other statutory or judicial alternatives which may be available to the respective parties under prior, current or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. Except as provided herein, the parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current or future laws or case decisions. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS E S S TARA K. GOITN JE GOHN 9 TARA K. GOHN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSI 'VA IA vs. N0.2010-294 ,a ? t" N ,;a JERAD S. GOHN, CIVIL ACTION -LAW `° ° Defendant IN DIVORCE _° C:-r PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Ground for divorce: irretrievable breakdown under Section (X) 3301 (c) ( ) 3301 (d) of the Divorce Code. (Check applicable section). 2. Date and manner of service of the complaint: By certified mail on Januar 14, 2010. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff April 21, 2011 ; by Defendant April 23, 2011 (b)(1) Date of execution of the Plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: Defendant: ; (2) date of service of the Plaintiffs affidavit upon the 4. Related claims pending: None Attorney for (X) Plaint f ( ) Defendant TARA K. GOHN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JERAD S. GOHN NO. 2010-294 CIVIL TERM DIVORCE DECREE AND NOW, M oT 3 2011 , it is ordered and decreed that TARA K. GOHN , plaintiff, and JERAD S. GOHN , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Marital Settlement Agreement dated 21 April 2011, is hereby incorporated into the Final Divorce Decree. By the Court, Attest: J. Prothonotary d rf: Copy mo.i red ,b Witty Sm'+6 No+ice * Copy rnmi6d 4o ate/ tl TARA K. GOHN, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2010—294 JERAD S. GOHN, DEFENDANT CIVIL ACTION—LAW/CUSTODY PETITION TO MODIFY CUSTODY 1. The parties are the natural parents of Olivia N. Gohn(Age 4 %)and are subject to an Order of Court following a custody trial dated February 14, 2011 which maintained the September 7, 2010 Order. See Exhibits "A"and`B". 2. Jerad S. Gohn(hereinafter referred to as "Father") resides at 314 11th Street, New Cumberland, Cumberland County, PA 17070.Father 3. Father has continued to reside in the same home since the parties' separation. rz N C7; c p 4. Tara K. Gohn (hereinafter referred to as "Mother")resides at 18 Sou rn!V x a Street, York, York County, Pennsylvania 17402. NtA ::0C:; 5. Mother's residential arrangements have not been stable. ZE,. 6. Father's residential arrangements provide stability for Olivia. t -t co 7. The parties have been unable to agree that Olivia should attend the West Shore Public School District where Father resides (and where Olivia resided prior to the parties' separation). 8. Mother has had three (3)residential addresses since the parties separation: a. 103 Quincy Circle,New Cumberland, PA 17070; b. 315 9t' Street,New Cumberland, PA 17070; and C. 18 South Vernon Street, York, PA 17402 7�3' � 9. On February 12,2014 Mother was served with a landlord tenant complaint to Docket Number 88-2410 before District Justice Clement by her landlord, Triple Crown Corporation Inc. This case was settled but Mother moved. 10. On May 4, 2012 Mother was served with a landlord tenant complaint to Docket Number 52-2012 before District Justice Clement by her landlord, Team Costello Realty. This case was dismissed due to a bankruptcy filing but Mother moved. 11. Mother has employed three(3)different law firms and two (2)prior counsel filed suit to collect fees(Max Smith,Esquire on 1/8/2012 for$3,076.36 and Barbara Sumple-Sullivan, Esquire on 3/21/11 for$3,411.08)which simply reflects an inability to work well with counsel. 12. Mother did not provide any notice of her move to York County. 13. Mother unilaterally changed Olivia's pediatrician from Jones Daly Coldren in Camp Hill to a pediatrician in York without any input from Father. 14. At the present time Mother is unemployed and entirely dependent upon a new live in boyfriend for support. 15. Father seeks to enroll Olivia in public school in the West Shore School District for the kindergarten class commencing in August 2013.In the West Shore School District Olivia will be attending a school with friends from daycare and preschool. Father seeks to modify the existing Order so that Mother does not attempt to enroll Olivia in public school in York County. WHEREFORE,Father respectfully requests this Honorable Court to modify the existing custody order so that Olivia attends the West Shore School District in the fall of 2013 and reinstates the prior pediatrician who has treated the child for years. Respectfully submitted, BY: St en How , Esquire owell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Defendant Date: March 14, 2013 Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the party/parties set forth below by postage prepaid, first class United States Mail addressed as follows: Heather Reynosa, Esquire 129 East Market Street York, PA 17401 By: — Ste Howell squire Date: March 14, 2013 VERIFICATION I/we verify that the statements made in the foregoing document are true and correct. I/we understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4 ela ' unworn falsification to authorities. BY: d . o te: March 14, 2013 TARA K. GOHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 10-294 CIVIL ACTION LAW JERAD S. GOHN, IN CUSTODY Defendant , Prior Judge: M.L. Ebert,Jr.,J. ORDER OF COURT AND NOW this day of September 2010,upon consideration of the attached Custody ConeWa j1,qpart 44w4lodand a -Dire ed as follows:' 1. All prior Orders are hereby VACATED and replaced with this Order. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the Courtroom number 2 in the Cumberland County CouA of Common Pleas,Carlisle,PA 1 013 at which time testimony will betaken in regard to the r the subject Child. For purposes of this hearing, the initially with testimony. Counsel for each party shall file with the Court and opposing counse 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. 3. Legal Cp t�adv: The Father,Jerad S. Gohn, and the Mother,Tara K. Gohn, shall have shared legal custody of Olivia N. Gohn,born 05/03/2008. The parties shall have an equal,right 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 of the other parent. To the extent one parent has possession of any such records or information,that parent shall be required to share the same, or copies thereof,with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 4. Physical, Custody: Mother and Father shall share physical custody of Olivia on a repeating two week schedule as follows: a. In week one,Mother shall have physical custody of Olivia from Monday after work until Wednesday morning, Father shall have custody from after work Wednesday until Friday morning and Mother shall have custody from after work Friday until Monday morning. b. In week two, Father shall have physical custody of Olivia from Monday after work until Wednesday morning, Mother shall have custody from after work Wednesday until Friday morning and Father shall have custody from after work Friday until Monday morning. i a C. The parties shall mutually agree upon the exchange times, locations and care- givers for Olivia. Relat ular Physical C stody Scheduler ad Mamom on Tuaday Wednesday Thursday Friday Saturday Sunda D M M M I D D I D M M M M ID ID D IM IM IM ID ID D 5. The non-custodial parent shall have liberal telephone contact with the,Child,on a reasonable basis. b. Holidays: The parents_shall arra ge.the holiday schedule as mutually upon. In the 4 . . . ,. _ ' y y y tt o f the es shall abide b the holsda schedule as attached:. 7. Vacation: The parties shall mutually agree upon a vacation schedule. 8. In the event the custodial parent should take the Child out of state,the custodial parent shall notify the noncustodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 9:' Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party,or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection-for the other party. To the extent possible,both parties shall not allow third parties to disparage the other parent in the presence of the Child. 10. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order,shall control. By the Court, J. In Tls t pant hNM Distribution: a Steven Howell, Esq.,619 Bridge Street,New Cumberland,PA 17070 Ttsee y Max Smith, Esquire v - John J. Mangan,Esquire --t= �- f ' v a F__T TIMES EVEN ODDS HOLIDAYS AND YEARS YEARS SPECIAL DAYS Easter Da 1 Half From 9 am until 3 pm Father Mother Easter Day 2d Half From 3 pm until 9 pm Mother Father Memorial Day From 9 am until 9 pm Mother Father Independence Day From 9 am until 9 pm Father Mother Labor Day From 9 am until 9 pm Mother Father Halloween From one hour before trick or Father Mother treating to one hour after trick or treating T ,iviug 1 From 8 am Thanksgiving Day to 2 Father Mother Half pm on Thanks 'vin 'Da Thanksgiving 2nd From 2 pm on Thanksgiving Day to Mother Father half noon the day after Thanksgiving Da Christmas 1 Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2 Half From noon on 12/25 to noon on Mother Father 12/26 New Year's From 6 pm 12/31 until noon January Mother Father 1'(with the 12/31 year to control the even/odd determination) Mother's Day From 9 am until 9 pm Mother Mother Father's Day From 9 am'uiitfl 9 pm Father Father w TARA K. GOHN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JERAD S. GOHN, DEFENDANT NO, 10-294 CIVIL IN RE. CUSTODY ORDER OF-COURT AND NOW, 14th day of February, 2011, after full hearing in the above-captioned matter and consideration of the Pre-Hearing Memorandums filed by the Parties; IT'IS HEREBY ORDERED AND DIRECTED that this Court's previous Order of September 7, 2010, providing shared custody of the child which included a holiday and special day schedule shall remain in effect. By the Court, M. L. Ebert, Jr., J. Max J. Smith, Jr., Esquire Attorney for Plaintiff Steven Howell, Esquire TRt>4lE ' Attorney for Defendant . t` bas a e TARA K. GOHN : IN THE COURT OF COMMON PLEAS OIF-) PLAINTIFF : CUMBERLAND COUNTY, PENNSYLV*AA 7�0 r1j V. C:) 2010-294 CIVIL ACTION LAW i; (75 JERAD S.GOHN --A IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday,March 20,2013 —,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J.Mangan,Jr.,Esq. the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Friday,April 26,2013 1:30 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. 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/ fobn j Mwean,-Jr.,Es!y.O!f: 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 0 Telephone (717)249-3166 0 Rel 9-5r. e I X t;v AV-r 6P Iflegri-Rog, 65 .3/e0 TARA K. GOHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 10-294 CIVIL ACTION LAW JERAD S. GOHN, IN CUSTODY Defendant . Prior Judge: M.L. Ebert, Jr., J. �,. o ORDER OF COURT zC,- Z c AND NOW this day of April 2013,upon consideration of the attached-(custoy w Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders are hereby VACATED and replaced with this Order. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the 8th day of August 2013 at 9:00 am in Courtroom number 2 in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Child. For purposes of this hearing, the Mother 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. 3. Legal Custody: The Father, Jerad S. Gohn, and the Mother, Tara K. Gohn, shall have shared legal custody of Olivia N. Gohn,born 05/03/2008. The parties shall have an equal right 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 of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 4. Physical Custody: Mother and Father shall continue with the 2/2/3 shared physical custody of Olivia until the end of May 2013; thereafter, the parties shall share physical custody as follows: a. Commencing Sunday May 26, 2013, the parties shall share physical custody on a week on/week off basis from Sunday 7 pm until the following Sunday 7 pm. Mother's week shall begin May 26, 2013. b. Absent agreement otherwise, the parties shall meet approximately half way to exchange custody at the Walmart parking lot at the Yocumtown exit Sunday 7 pm. C. The parties have agreed that on Olivia's birthday, Mother is taking Olivia to a festival and will drop her off at Father's residence at 6:30 pm. u . 5. After the scheduled doctor's appointment at the end of April 2013, Mother shall promptly make arrangements to transfer Olivia's medical records back to Jones Daly for future pediatric medical treatment. 6. Within ten days of the instant Order, Mother shall give Cumberland County Prothonotary's Office Olivia's passport for retention. Either parent shall need a written agreement signed by (and notarized by)both parties or further Order of Court to gain possession of said passport. 7. Custody evaluation: Mother shall have the right to have a custody evaluation performed as long as she pays for the evaluation (anticipated to be performed by JoAnn MacGregor) and Father shall participate as necessary. Father also reserves the right to have his own evaluation done as long as he pays for the evaluation and Mother shall participate as necessary. 8. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 9. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. In.the absence of agreement, the parties shall abide by the holiday schedule as attached. 10. Vacation: The parties shall mutually agree upon a vacation schedule and give thirty days' notice. 11. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 12. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible,both parties shall not allow third parties to disparage the other parent in the presence of the Child. 13. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 14. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, �3 0 a Distribution: Steven Howell, Esquire Heather Reynosa, Esquire John J. Mangan, Esquire TIMES EVEN ODD HOLIDAYS AND YEARS YEARS SPECIAL DAYS Easter Day 1 st Half From 9 am until 3 pm Father " Mother Easter Day 2'd Half From 3 pm until 9 pm Mother Father Memorial Day From 9 am until 9 pm Mother Father Independence Day From 9 am until 9 pm Father Mother Labor Day From 9 am until 9 pm Mother Father Halloween From one hour before trick or Father Mother treating to one hour after trick or treating Thanksgiving 1St From 8 am Thanksgiving Day to 2 Father Mother Half pm on Thanksgiving Day Thanksgiving 2" From.2 pm on Thanksgiving Day to Mother Father half noon the day after Thanksgiving Day Christmas 1St Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2 nd Half From noon on 12/25 to noon on Mother Father 12/26 New Year's From 6 pm 12/31 until noon January Mother Father 1St(with the 12/31 year to control the even/odd determination) Mother's Day From 9 am until 9 pm Mother Mother Father's Day From 9 am until 9 pm Father Father 3 TARA K. GOHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 10-294 CIVIL ACTION LAW JERAD S. GOHN, IN CUSTODY Defendant Prior Judge: M.L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Olivia N. Gohn 05/03/2008 Father and Mother 2. A Conciliation Conference was held with regard to this matter on May 19, 2010, an Order issued July 09, 2010, a conference was held August 31, 2010, an Order issued September 07, 2010, a hearing was held and an Order issued February 14, 2011 and a conference was held April 26, 2013 with the following individuals in attendance: The Mother, Tara K. Gohn, with her counsel, Heather Reynosa, Esq. The Father, Jerad S. Gohn, with his counsel, Steven Howell, Esq. 3. Mother's and Father's position on custody is as follows: Father and Mother are not dissatisfied with the shared physical custody arrangement. The point of contention for the hearing is about which school district the Child will attend in the fall. Father's school district is in the West Shore and Mother's is in York. Father asserts that Mother has moved her residence several times relatively recently and is not financially stable. Mother denies this. The parties were able to agree on several matters at the conference though, including starting a week on/off schedule, a passport issue and changing the doctor back to Jones Daly. Mother has further requested a custody evaluation. Father does not see the need for one, will not pay for it but will participate in the evaluation. Father reserves the right to have his own custody evaluation done with Mother participating. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require one half day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date John . M gan, Esquire Cu4dy onciliator IF f4�'if. 20i3HU `1'i' 23 l 2 02 C!,IMBERLAt10 COI T Y P'NNSyLV\wA TARA K. GOHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 10-294 CIVIL ACTION — LAW JERAD S. GOHN, Defendant IN CUSTODY Prior Judge: M.L. Ebert, Jr., J. PETITION FOR EMERGENCY/SPECIAL RELIEF AND NOW TO WIT, this 23rd day of May, 2013, comes Petitioner, Tara K. Gohn, by and through her attorney Heather Z. Reynosa, Esquire, of Griest, Himes, Herrold, Schaumann, Reynosa, LLP, and files the within Petition in which the following is a statement: 1. Your Petitioner is TARA K. GOHN, an adult individual residing at 18 South Vernon Street, York, York County, Pennsylvania 17402. 2. Your Respondent is Jerad S. Gohn, an adult individual residing at 314 11th Street, New Cumberland, Cumberland County, Pennsylvania 17070. 3. The parties are the natural parents of one (1) minor Child: OLIVIA N. GOHN (hereinafter the "Child"); born May of 2008; age five (5) years. CHAUMANN,REYN S L°° 4. The Child is the subject of the above-captioned custody action that has SCNAUMANN,REYNOSA LLV AT RNCYS AT LAW 129 EAST MAua STaeer Y..ZINSYLVANIA 17401 MLep-(717)846-8856 now been scheduled for a Custody Hearing on August 8, 2013, at 9:00 a.m., in i X46 �� Courtroom #2 before this Honorable Court. See a copy of the April 30, 2013, Order of Court, attached hereto and made a part hereof as Petitioner's Exhibit#1. 5. In preparation for the upcoming Custody Hearing, Petitioner has requested that she have the right to have a Custody Evaluation performed by Dr. JoAnn MacGregor. See copy of Dr. MacGregor's Curriculum Vitae attached hereto and made a part hereof as Petitioner's Exhibit#2. 6. By Order of Court dated April 30, 2013, it has been Ordered that: Custody evaluation: Mother shall have the right to have a custody evaluation performed as long as she pays for the evaluation (anticipated to be performed by JoAnn MacGregor) and Father shall participate as necessary. Father also reserves the right to have his own evaluation done as long as he pays for the evaluation and Mother shall participate as necessary. See Petitioner's Exhibit#1. 7. Dr. MacGregor has also indicated that in addition to the Order of Court dated April 30, 2013, she needs an additional Order similar to the proposed Order of Court found in Pa.R.C.P. 1915.18. 8. Dr. MacGregor has also advised that she would have her report completed and to counsel at least one (1) week prior to the start of the Custody Hearing in August. CHAUMANN,REYNOSOLU, 9. As such, undersigned counsel has prepared such proposed Order SCHAUMANN�RI'.YNOSA 1,I,P ATTORNEYS AT LAW 129 EAST MARKET S—U YORK,P[NNSYT.VANTA- '1�LEPHOn[(7I7)845-8856 Y substantial) in the form as set forth in Pa.R.C.P. 1915.18 and has submitted such to 56 2 Respondent's counsel, Attorney Howell. See copy of proposed Order of Court attached hereto and made a part hereof as Petitioner's Exhibit#3. 10. Attorney Howell has indicated that the proposed Order is not acceptable. 11. Specifically, undersigned counsel on behalf of Petitioner has requested that Respondent and his counsel waive the thirty (30) day expert report requirement. 12. Attorney Howell has indicated that Respondent is not in agreement to having the report provided seven (7) days prior to trial and references Pa.R.C.P. 1915.8(b). 13. Attorney Howell has indicated that he is opposed to such request as "it affords no opportunity for review by another expert." 14. Petitioner avers that as set forth in the April 30, 2013, Order of Court, Respondent clearly has the right to have his own evaluation conducted at this time. 15. Petitioner believes and therefore avers that having a Custody Evaluation performed and completed by Dr. MacGregor will assist the Court in its decision at the August 8, 2013 Hearing. 16. Furthermore, Petitioner believes and therefore avers that having a Custody Evaluation conducted by Dr. MacGregor is in the best interest of the Child. 17. Petitioner believes and therefore avers that Respondent would not be CsHAUNIANN,R YN SAJO, prejudiced by not having the report thirty (30) days in advance as: SCHAUMANN�RF.YNOSA I,I,P ATIORNm AT LAW 129 EAST MARKET STREET YORK, ST 17401 nLEP—E(717)846-8856 A.) Respondent has the absolute right to hire an expert at this time to 3 conduct his own evaluation; and B.) It seems unlikely that any expert hired by Respondent even thirty (30) days prior to trial would afford that expert the opportunity to complete a Custody Evaluation at that time. 18. Additionally, Respondent is opposed to Paragraph #9 and Paragraph #6 of the proposed Order of Court. 19. Petitioner respectfully avers that neither Paragraph #9 nor Paragraph #6 of the proposed Order of Court prejudice the Respondent. 20. As time is of the essence, Petitioner respectfully requests that this Honorable Court enter the proposed Order attached hereto, so that Dr. MacGregor may begin her Custody Evaluation as soon as possible. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter the proposed Order attached hereto so that Petitioner may proceed with the Custody Evaluation by Dr. JoAnn MacGregor. Respec fully ubmitted B UA HEA ER Z. REYNO A, Q. Atty. I. . No. 81095 129 East Market Street York, Pennsylvania 17401 Telephone (717) 846-8856 GRIEST, NN,R HFRROLD, hreynosa(c-ghhslaw.com SCNAUMANN,RF.YNOSA I.1.1' ATTORNEYS AT LAW STREET MAR 129 EAST' KET Attorney for Petitioner/Mother YORK,PENNSYL ANIA 17401 T�EPHONE(717)346-3856 4 t TARA K. GOHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 10-294 CIVIL ACTION LAW JERAD S. GOHN, IN CUSTODY Defendant Prior Judge: M.L. Ebert, Jr., J. ORDER OF COURT AND NOW thisiA.day of April 2013,upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders are hereby VACATED and replaced with this Order. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the 8th day of August 2013 at 9:00 am in Courtroom number 2 in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Child. For purposes of this hearing, the Mother 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. 3. Legal Custody: The Father, Jerad S. Gohn, and the Mother, Tara K. Gohn, shall have shared legal custody of Olivia N. Gohn,born 05/03/2008. The parties shall have an equal right 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 of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 4. Physical Custody: Mother and Father shall continue with the 2/2/3 shared physical custody of Olivia until the end of May 2013; thereafter, the parties shall share physical custody as follows: a. Commencing Sunday May 26, 2013, the parties shall share physical custody on a week on/week off basis from Sunday 7 pm until the following Sunday 7 pm. Mother's week shall begin May 26, 2013. b. Absent agreement otherwise, the parties shall meet approximately half way to exchange custody at the Walmart parking lot at the Yocumtown exit Sunday 7 pm. ®Q PETITIONER'S C. The parties have agreed that on Olivia's birthday, Mother is taking Olivia to a C HI IT festival and will drop her off at Father's residence at 6:30 pm. J Q t 5. After the scheduled doctor's appointment at the end of April 2013, Mother shall promptly make arrangements to transfer Olivia's medical records back to Jones Daly for future pediatric medical treatment. 6. Within ten days of the instant Order, Mother shall give Cumberland County Prothonotary's Office Olivia's passport for retention. Either parent shall need a written agreement signed by (and notarized by)both parties or further Order of Court to gain possession of said passport. 7. Custody evaluation: Mother shall have the right to have a custody evaluation performed as long as she pays for the evaluation (anticipated to be performed by JoAnn MacGregor) and Father shall participate as necessary. Father also reserves the right to have his own evaluation done as long as he pays for the evaluation and Mother shall participate as necessary. 8. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 9. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. In the absence of agreement, the parties shall abide by the holiday schedule as attached. 10. Vacation: The parties shall mutually agree upon a vacation schedule and give thirty days' notice. 11. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 12. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible,both parties shall not allow third parties to disparage the other parent in the presence of the Child. 13. In the event of a medical emergency,the custodial party shall notify the other party as soon as possible after the emergency is handled. 14. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, TRUE COPY FROM RECORD 'S in Testimony wtioreof;..t.here`unto set my hand J. and the seal of ald at cadisie.Pa. 7bis daYYot ` .20 13 Prothonotary Curriculum Vitae JoAnn MacGregor, Ph.D. MacGregor Behavioral Health Services,LLC 304 York Street- Suite B Gettysburg,PA 17325-1937 717-337-3005 (office) www.MacGregorBHS.com PROFESSIONAL AND EDUCATIONAL BACKGROUND LICENSED AS PSYCHOLOGIST IN PENNSYLVANIA December 2000 DOCTOR OF PHILOSOPHY (Auburn University) June 1997-Aug 1999 Major. Clinical Psychology(APA accredited) Minor.• Developmental Psychopathology Dissertation: Children's Physiological Regulation and Cognitive Appraisals as Moderators of the Relationship Between Exposure to Parental Conflict and Children's Psych000cial Functioning and Physical Health MASTER OF SCIENCE (Auburn University) Sept 1993-June 1997 Major. Clinical Psychology(APA accredited) Thesis: Children's Responses to Background Arguments as a Function of Conflict Participants BACHELOR OF SCIENCE (Illinois State University Aug 1989-May 1992 Major. Psychology Honors. Summa Cum Laude Honors,Psi Chi Honors Society,The National Honor Society in Psychology,Golden Key Honor Society,Dean's List (8/89 -5/92) PROFESSIONAL CERTIFICATIONS AND AFFILIATIONS Board Certified Expert in Traumatic Stress (AAETS) Member of the American Psychological Association (APA) Member of the Pennsylvania Psychological Association (PPA) Member of the Association of Family and Conciliation Court(AFCC) Member of the American Academy of Experts in Traumatic Stress (AAETS) Member of the APA division of Child,Youth,and Family Services Member of the APA section on Child Maltreatment Member of the APA division on Trauma Member of the APA division on Addictions Member of the APA division on Adult Development and Aging Psychological Consultant for Adams County Children and Youth Services (former) Member of the Adams County Commission on Sexual Abuse PETITIFONETR'S J J Q JoAnn MacGregor, Ph.D. 2 SUMMARY OF CLINICAL EXPERIENCE FORENSIC EVALUATIONS AND EXPERT WITNESS TESTIMONY (2001 -present) Perform psychological evaluations for legal purposes and have provided expert testimony in over 100 adjudication,dependency,termination of parental rights,and child custody legal proceedings. Qualified as an expert in child custody and parenting evaluations in Adams,York,Franklin,and Fulton counties. OUTPATIENT THERAPEUTIC SERVICES (1999 to present) Extensive experience in numerous outpatient settings providing psychological evaluations and therapeutic services for children,adults,and families. Previously employed as the Director of Behavioral Health Services for a large agency serving over 5 counties,involving program management,clinical supervision of staff therapists,development/management of trauma clinic and an in-home family-based treatment program,and consultation for federal delinquency-prevention programs. Currently own a private practice providing the full range of psychological evaluation and therapeutic services. Areas of specialization include family adjustment issues (divorce/child custody,step-family relations),youth behavior problems, ADHD,and trauma experiences (sexual abuse,grief/loss,exposure to violence). Extensive collaborative involvement with local family-serving systems (CYS,JPO,MH/MR,county court systems). CONSULTANT FOR ADAMS,DAUPHIN,SNYDER,AND YORK COUNTY CHILDREN AND YOUTH SERVICES (11/99 -2010) Have provided consultation,therapeutic,and evaluation services targeting the reduction of the need for out- of-home placements and stabilizing family systems. Provide therapeutic support for child transitions (foster care/adoption),consultation and in-service trainings for agency staff and foster care parents,and collaborative development of programs for agency-identified areas of need. PLACEMENT PREVENTION-CRISIS MANAGEMENT (01/03 - 12/31/09) Developed a rapid response crisis management program in collaboration with Adams County Children and Youth Services to manage family crisis and prevent unnecessary placement within the foster care system 21st CENTURY COMMUNITY LEARNING CENTERS (11/99-08/02) Served as supervising psychologist for a federal initiative grant (after-school delinquency prevention program). Developed programming,trained staff,and conducted program evaluation DELINQUENCY PREVENTION PROGRAMS (11/99-09/02) Provided programming,staff training/management,and program evaluation for several after-school delinquency prevention programs in 2 counties SAFE SCHOOLS PROGRAM (01/02-08/02) Assisted with the development,staff training,and program evaluation for an intervention program targeting early education in peer relational skills to reduce conflict and violence in the schools PEER MEDIATION/ANTI-BULLYING PROGRAM (04/00 -06/00) Conducted presentations for teachers and students in local area elementary and middle schools to initiate the peer mediation programs targeting the reduction of bullying and peer conflicts. Assisted in the development of the service program and conducted program outcome research protocol HEAD START (11/02- 12/02) Conducted the state-mandated evaluations to insure adequate mental health environment for Head Start programs within the Adams county area PEACE COMMUNITY PROGRAM (03/00- 10/02) Provided weekly psychoeducational group for children with peer socialization problems SUBSTANCE ABUSE EDUCATIONAL SERIES (10/99-03/00) Presented a weekly series of discussions on various drug and alcohol topics for adolescents recently placed within the juvenile probation system JoAnn MacGregor, Ph.D. 3 SELECTED POST-DOCTORAL TRAINING EXPERIENCES 06-14-2012 CO-OCCURRING DISORDERS - SUBSTANCE-RELATED AND MENTAL DISORDERS 5-hour internet curriculum course approved by the APA for psychologists(passed test 100%) 04/22/2012 VIOLENCE RISK ASSESSMENT Presented by the American Academy of Forensic Psychology, Daniel Neller, PsyD 7 hours, Memphis,TN 04-20-2012 CHILD CUSTODY AND PARENTING EVALUATIONS 04-21-2012 ADVANCED ISSUES IN CHILD CUSTODY AND PARENTING EVALUATIONS Presented by the American Academy of Forensic Psychology,Jonathon Gould, PhD 14 hours(2-day Training), Memphis,TN 10-27-2011 ADVANCED USE OF THE MMPI-2RF IN CHILD CUSTODY EVALUATIONS Presented by the Association of Family and Conciliation Courts,Yossef Ben-Porath, PhD 6 hours, Indianapolis, IN 08-23-2011 MMPI-2RF FORENSIC PRACTICE BRIEFING Presented by Yossef S. Ben-Porath, Ph.D., 1 hour live, interactive Webinar 02-28-2011 THE INTERSECTION OF LEGAL AND MENTAL HEALTH ISSUES IN CUSTODY CASES Presented by PA Bar Association and PA Psychological Assoc, Mechanicsburg, PA,6 hours 01-24-2011 SUBSTANCE ABUSE AND DEPENDENCY 15-hour internet curriculum course approved by the APA for psychologists(passed test 99%) 10-11-2010 MMPI-2RF BASIC OVERVIEW Presented by Yossef S. Ben-Porath, Ph.D., 1 hour live, interactive Webinar 09-24-2010 LEGAL AND ETHICAL RISK MANAGEMENT,SEQUENCE II(ETHICAL PRACTICE IN CUSTODY AND HIGH RISK AREAS) Presented by PA Psychological Association,Camp Hill, PA,6 hours 12-11-2010 MEETING THE NEEDS OF RETURNING MILITARY SERVICE MEMBERS:SYMPOSIUM ON TRAUMATIC BRAIN INJURY AND POST TRAUMATIC STRESS DISORDER Presented by PennState Hershey Medical Center, Hershey, PA, 6 hours 05-21-2009 CONDUCTING CHILD CUSTODY EVALUATIONS:PROCEDURES,ETHICS,&DECISION MAKING Presented by American Academy of Forensic Psychology,Albuquerque, NM, 7 hours 03-28-2008 CUSTODY EVALUATIONS-PART 1 &2 Presented by Pennsylvania Psychological Association, Harrisburg, PA,6 hours 11-23-2007 CULTURAL DIVERSITY&ETHICAL BOUNDARIES Presented by Healthcare Training Institute, Indianapolis, IN,4 hours 09-21-2006 PENN STATE PSYCHIATRY SYMPOSIUM Presented by Hershey Medical Center College of Medicine,Camp Hill, PA,7 hours 08-15-2006 SELF-MUTILATION BEHAVIOR IN YOUTH AND ADULTS:CAUSES,TREATMENT,AND PREVENTION Presented by Greg Greene, Ph.D., Harrisburg, PA,6 hours JoAnn MacGregor, Ph.D. 4 04/20-23/2004 FORENSIC PSYCHOLOGY CONFERENCE Presented by the American Academy of Forensic Psychology New Orleans, LA,3 days(24 hours) -Ethical Issues in Forensic Practice -Parenting and Child Custody -Legal System Fundamentals, Rules of Evidence -Parenting/Child Custody and Visitation -A Model for Interviewing, Report Writing, -Criminal Forensic and Depositions/Testimony -Malingering/Assessment of Response Style 11-11-2004 IS IT ADHD OR PEDIATRIC BIPOLAR? DIFFERENTIAL DIAGNOSIS AND EFFECTIVE TREATMENT Presented by Hanno Kirk, Ph.D., Harrisburg, PA, 6 hours 03-19-2004 RECENT DEVELOPMENTS IN THE TREATMENT OF PTSD AND COMPLEX PSYCHOLOGICAL TRAUMA Presented by John Briere, Ph.D., Mount Gretna, PA,6 hours 05-02-2003 MENTAL HEALTH AND THE LAW Presented by Thomas Sweeney,J.D., Harrisburg, PA,6 hours 03-20-2003 ETHICAL ISSUES IN WORKING WITH TRAUMA SURVIVORS Presented by Jeanne Cantrell, Ph.D.&Heidi Dalzell, Psy.D., Harrisburg, PA,3 hours 11-07-2002 TREATING THE EFFECTS OF TRAUMA IN ADULTS AND CHILDREN Presented by Donald Meichenbaum, Ph.D., Lancaster, PA,6 hours 03-19-2002 COUNSELING VICTIMS OF SEXUAL ABUSE Presented by Melissa Bradley, M.S., Harrisburg, PA,6 hours PROFESSIONAL PRESENTATIONS Shienvold,A.,Cohen,S.,and MacGregor,J.A. (2011,November). Panel discussion presentation for Judges from 5 counties regarding the custody Statute and Proposed Rule for evaluation requirements for individuals with criminal convictions (5329),Gettysburg,PA. MacGregor,J.A. (2008,July). Differential Treatment Objectives for Child Sexual Abuse Victims. Inservice training for Adams County Children and Youth Services,Gettysburg,PA. MacGregor,J.A. (2007,September). RecoanizinjZ Risk Factors for Self-Harm Behaviors. Inservice training for Adams County Children and Youth Services,Gettysburg,PA. MacGregor,J.A. (2000,August). Promoting Alternative Thinking Strategies (PATHS). Inservice training for therapeutic professionals,Gettysburg,PA. MacGregor,J.A. (2000,March). Identifying and Managing Disruptive Behavior Problems. Presentation for therapeutic foster care parents,Harrisburg,PA. MacGregor,J.A. (2000,February). IdentifyinZ and Mana iging Anxiety and Depressive Symptoms. Presentation for therapeutic foster care parents,Harrisburg,PA. MacGregor,J.A. (2000,February). Advanced Procedures for Effective Child Management. Training workshop for the staff of the delinquency prevention and 21"CCLC after school programs,Gettysburg,PA. MacGregor,J.A. (1999,December). Fundamentals of Child Management Procedures. Training workshop for the staff of the delinquency prevention and 21"CCLC after school programs,Gettysburg,PA. JoAnn MacGregor, Ph.D. 5 Harger,J.A. (1996,April-July). Dangers of Anorexic and Bulimic Behaviors and Where to Get Help. Series of one-hour presentations conducted in middle,junior high,and high schools,Auburn,AL. Harger,J.A.,Ringeisen,H.,&Doepke,K. (1996,May)."Brother's Stick Together":The treatment of sexual and physical abuse in 3 brothers. Clinical case presentation at annual clinical case conference. Department of Psychology,Auburn University,Auburn,Alabama. Harger,J.A. (1993,February). ImprovinjZ the Efficacy of Social Skills Training through Repeated Trials and Coached Peer Feedback. Inservice presentation and workshop for The Baby Fold residential treatment center staff,Normal,Illinois. Harger,J.A. (1992,May). Efficacy of Social Skills Training with Physically and Sexually Abused Children. Paper presented at the University Honors Thesis conference,Illinois State University,IL. CLINICAL WORK HISTORY MACGREGOR BEHAVIORAL HEALTH SERVICES,LLC March 2003-present Gettysbu%PA Private Practice. Provide full range of psychological services for children and adults,including individual and family therapy,psychological testing and therapeutic evaluations,and court evaluations and provision of expert witness testimony. Provide consultation,intervention,and crisis management services for child-serving agencies. Specialize in the evaluation and treatment of family transitions (foster care, adoption,divorce/custody),disruptive behavior/conduct disorders/delinquency,and trauma/victimization. HEMPFIELD COUNSELING ASSOCIATES Sept 1999 -Feb 2003 Harrisburg,PA; Gettysburg,PA Director of Behavioral Health Services. Provided program management and coordination of behavioral health services. Managed an intensive therapeutic intervention program targeting children at risk of out-of- home placement through the provision intensive child-based therapy and family-based intervention. Responsible for development of the clinical treatment protocols and directing all aspects of the program and staff. Supervising psychologist for several delinquency prevention programs,including staff supervision,program development,and program evaluation. Clinical Director of Trauma Clinic. Directed clinical operations for specialty clinic focused on psychological intervention for victims of traumatic experiences. Responsible for all aspects of program development, including clinical training and supervision of intervention staff,development of treatment protocols,and extensive collaboration with social service agencies,juvenile probation,and local medical treatment centers. Provided direct evaluation and therapeutic services for victims of sexual and physical abuse. UNIVERSITY OF TEXAS MEDICAL BRANCH-DOCTORAL RESIDENCY Aug 1998-Aug 1999 Galveston, TX UTMB Children's Hospital-Pediatric Rehabilitation Rotation Pediatric hospital providing services for children with chronic illnesses and traumatic injuries. Provided inpatient and outpatient services,including adjustment to disability,trauma responses,behavior disorders,child management training for parents, family adjustment issues,and psychological, neuropsychological,cognitive,and educational assessment.Participated in all aspects of patient treatment within a multi-disciplinary treatment approach. JoAnn MacGregor, Ph.D. 6 Shriner's Burns Hospital for Children Rotation Acute care and rehabilitation hospital for pediatric burn patients. Provided individual and family therapy, crisis intervention,school/community reentry,adjustment to amputation and disfigurement,behavior problems,grief/anger management and PTSD associated with the trauma of the burn injury. Transitional Learning Community Rotation Inpatient neuropsychological rehabilitation facility for brain and spinal cord injured adolescents and adults. Provided individual,group,and family therapy for patients (PTSD,adjustment to injury, community re-entry),developed and implemented individual program plans,instructed multidisciplinary team members on behavior management plans and monitored implementation,and consulted with community agencies for discharge planning. UTMB Anesthesiology/ Oncology Rotation University Hospital Clinics for chronic pain and cancer treatment. Provided extensive psychological assessment and therapy services,including pre-surgical evaluations,pain management, smoking cessation, weight management,and grief/adjustment therapy for families. ROOSEVELT WARM SPRINGS INSTITUTE FOR REHABILITATION Sept 1997-Aug 1998 Warm Springs, Georgia Large inpatient medical and psychiatric rehabilitation facility for children and adolescents. Conducted psychological intakes,mental status examinations,neuropsychological screening,and developed behavior management programs. Provided individual,family,and group psychotherapy(social skills,stress management,emotional management,and parent education/support groups). Service delivery within a multi disciplinary team approach. ADHD SPECIALTY CLINIC-CLINIC COORDINATOR Sept 1996 -Aug 1997 Auburn University,AL University-based outpatient facility for assessment and treatment of children and adults with ADHD. Responsibilities included administrative duties,consultation with community agencies,conducting comprehensive ADHD evaluations (including placebo drug trials) and providing treatment for individuals and families. Developed home-and school-based intervention programs and assisted parents and teachers with consistent implementation. ALABAMA DEPARTMENT OF YOUTH SERVICES Sept 1995 -Aug 1996 Montgomery,AL Maximum security facility for adjudicated delinquent juvenile males aged 12-18. Provided assessment, individual, family,and group therapy(anger management,self-esteem,social skills, sexual offenders,and relapse prevention),crisis intervention,community/agency consultation,and discharge planning. Provided individual and group therapy for sexual offenders and victims of sexual abuse. AUBURN UNIVERSITY PSYCHOLOGICAL SERVICES CENTER Sept 1994-Aug 1997 Auburn University,AL Outpatient university-based facility for children,adolescents,and adults presenting with developmental, emotional,and psychiatric disorders. Provided comprehensive assessments and individual,group,and family therapy for a wide spectrum of presenting complaints. Specialized in providing services for children with behavior disorders,adolescents with eating disorders,and group therapy for social skills, problem solving,and anger management for children and adolescents. JoAnn MacGregor, Ph.D. 7 THE BABY FOLD RESIDENTIAL TREATMENT CENTER Mar 1991 -Aug 1993 Normal,IL Residential treatment facility for children with psychiatric and behavior disorders.Assisted with the development of behavior management programs,implemented program contingencies,conducted social skills/problem-solving groups,and assisted children with daily developmental tasks. RESEARCH PRESENTATIONS El-Sheikh,M.,&Harger,J.A. (1997,April). Man-Woman,Man-Child,and Woman-Child Arguments: Which Type of Conflict is Most UpsettinjZ to Child Witnesses? Paper presented in the symposium "Beyond the Dyad:Parents and Children as Third Parties in Family Conflict: at the biennial meeting of the Society for Research in Child Development,Washington,D.C. Harger,J.A. (1997,November). Children's responding to background anger as a function of conflict participants. Paper presented at annual Graduate Research Festival.Department of Psychology,Auburn University,Auburn,Alabama. Ringeisen,H.,Harger,J.A.,Doepke,K.,&Fields,D. (1996,October). Evidence of eating disorders in adolescence: Characteristics of a community sample. Poster presented at the Kansas Conference in Clinical Child Psychology,Lawrence,KS. El-Sheikh,M.,Harger,J.A. &Nicolotti,L. (1995,August). Children's responding to interadult and adult-child arguments. Paper presented at meeting of the American Psychological Association,New York,NY. RESEARCH EXPERIENCE DISSERTATION RESEARCH July 1997-Mar 1999 Auburn University,AL;Advising Professor.•Mona El-Sheikh,Ph.D. Examined children's physiological regulation (e.g.,vagal tone) and cognitive appraisals as moderators of the relationship between exposure to parental conflict and children's psychoemotional functioning and physical health. Results indicated a strong relationship between exposure to parental conflict and increased internalizing and externalizing behavior problems and more frequent physical illness. Support was found for high vagal tone and adaptive cognitive appraisals buffering children from the negative effects of witnessing parental conflict. THESIS RESEARCH April 1994-July 1997 Auburn University,AL;Advising Professor.• Mona El-Sheikh,Ph.D. Examined the effects of conflict participants on children's responses to dyadic background arguments,comparing father-child to mother-child arguments and parental conflict to parent-child disputes. Results indicated children responded with similar levels of anger for all argument categories,but were more"sad"and"scared"in response to (1)parental arguments than adult-child conflicts and(2) father-child arguments than mother-child conflicts. INDEPENDENT EATING DISORDERS RESEARCH PROJECT Feb 1996-Sept 1996 Auburn University,AL;Advising Professor.•Karla Doepke,Ph.D. Examined the prevalence rates of eating disordered behaviors within a community sample using an abbreviated version of the Eating Disorders Inventory(EDI). Results indicated that younger children (11-14) reported similar rates of eating disordered behavior as older children (15-18),suggesting an underdiagnosis of eating disorders among younger children within the community. JoAnn MacGregor, Ph.D. 8 RESEARCH ASSISTANT July 1993-Sept 1993 Auburn University,AL;Supervising Professor.Mona El-Sheikh,Ph.D. Participated in a study examining children's differential responses to observing videotaped conflicts as a function of exposure to own familial conflict and interparental distress. Results indicated that children from high-conflict homes perceived the actors as more angry,and reported feeling more fearful than children from low-conflict, maritally satisfied homes.Responsibilities included recruitment and scheduling of participants,conducting experimental sessions with subjects,and coding,and entering data. RESEARCH ASSISTANT Aug 1991 - Sept 1992 Illinois State University;Supervising Professor.Salvatore Catanzaro,Ph.D. Assisted with a study investigating emotional and behavioral reactions to situations of loss,threat and challenge as a function of extreme scores on Negative Mood Regulation(NMR) and Anxiety Sensitivity (AS) measures. Responsibilities included a review of the literature,preparation of experimental stimuli,conducting sessions with subjects,and analysis of data. SENIOR THESIS RESEARCH PROJECT Oct 1991 -May 1992 Illinois State University;Supervising Professor: Joyce Christensen,Ph.D. Conducted a study to determine the efficacy of integrating repeated trials and coached peer feedback into an existing social skills group treatment protocol for physically and sexually abused,institutionalized children (ages 6-9). Utilizing the institution's existing coding system,behavioral baseline measures were taken for each child's disruptive behavior during peer interactions. Results indicated that the integration of within-session repeated trials of each skill by each child involved in the group,and the use of coached peer feedback significantly decreased problems during interactions with peers,as compared to baseline measures. INDEPENDENT RESEARCH PROJECT Sept 1991 -Jan 1991 Illinois State University;Supervising Professor.• Joyce Christensen,Ph.D. Conducted a study subsumed within a larger-scale study in which the tenants of behavioral economic and matching law theories were evaluated for support using rodents and the availability of complimentary commodities. Results demonstrated that the response rates for access to water increased with the non-contingent availability of food,which was incongruent with the tenants of the matching law,which predicted that response rates would match the reinforcement contingencies. TEACHING EXPERIENCE Resident Teaching Instructor Sept 1998-Dec 1998 Introduction to Psychiatry; University of Texas-Medical Branch Supervisor.•Jeff Baker,Ph.D. Graduate Teaching Instructor Sept 1993 -June 1994 U103:The Individual and Society;Auburn University,AL Supervisor. Michael Newlin,Ph.D. TARA K. GOHN, : In the Court of Common Pleas of Plaintiff : Cumberland County, Pennsylvania V. No. 2010-294 JERAD S. GOHN, Civil Action — Law/Custody Defendant ORDER OF COURT AND NOW TO WIT, this day of 2013, pursuant to Pa.R.C. P. 1995.98, it is hereby ORDERED, that: 1. The evaluator shall be JoAnn MacGregor, PhD. 2. The evaluator shall conduct a comprehensive custody evaluation. 3. The evaluator shall make specific recommendations for legal and physical custody. If the evaluator makes specific recommendations, the evaluator shall state the specific reason for the recommendations. 4. The parties shall participate fully with the evaluator on a timely basis, including retaining the evaluator upon appropriate terms, scheduling appointments, paying promptly, participating in all sessions and in appropriate testing recommended by the evaluator and executing any reasonable consents relating to themselves and the child. 5. The cost of the evaluation shall be borne by the Plaintiff unless otherwise agreed by the parties or Ordered by the Court. 6. The cost for the evaluator's time for depositions and/or testimony for hearing shall be borne solely by the Plaintiff without prejudice to the ultimate a PETITIONER'S EX BIT J J Q enforcement of such costs by subsequent agreement of the parties or Order of Court. 7. The evaluator may consult with and/or interview any person the evaluator reasonably believes can provide relevant information, including other experts, treating professionals, and/or fact witnesses. 8. The evaluator may utilize the services of another qualified professional (e.g. to perform additional services)without Court approval. 9. Subject to the applicable rules of evidence, the evaluator's file (including notes, exhibits, correspondences, test interpretations and, to the extent it is not a violation of copyright law or applicable professional rules, raw test date) shall promptly be made available to counsel for the parties upon request. However, such cost, if any, for the request for copies shall be borne by the party requesting such. 10. Provided that the parties cooperate on a timely basis, the evaluator shall deliver her report to counsel for the parties, any unrepresented party, the guardian ad litem, if any, and to the court at least seven (7) days prior to the first day of trial. Moreover, it is specifically agreed that the thirty (30) day requirement for the submission of Dr. MacGregor's expert report/custody evaluation is waived. 11. Prior to and/or subsequent to the submission of the evaluator's written report, counsel for the parties shall not be permitted to communicate' with the evaluator as to substantive issues, without the consent or direct participation of 2 counsel for the other party. 12. If the report or any information from the evaluator is provided to the Court, the evaluator shall be subject to cross examination by all counsel and any unrepresented party regardless of who obtains or pays for the services of the evaluator. 13. The evaluator shall be provided with a copy of this Order. 14. The evaluator's report shall not be inappropriately disseminated. 15. Other provisions: FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER MAY RESULT IN FINES, IMPRISONMENT OR OTHER SANCTIONS. BY THE COURT, J. 3 VERIFICATION I, Heather Z. Reynosa, Esquire, on behalf of Petitioner whose verification could not be timely obtained, do hereby verify that the statements made in this document are true and correct based upon information provided to me by the Petitioner. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. ather Z. Reynosa, Esquir GRIEST,HIMFS,HERROLD, SCNAUMANN,REYNOSA LLP ATTORNEYS AT LAW 129 EAST MARKET STREET YORK,PENNSYLVANIA 17401 TELEP-(717)846-8856 TARA K. GOHN, : In the Court of Common Pleas of Plaintiff : Cumberland County, Pennsylvania V. Civil Action — Law JERAD S. GOHN, No. 2010-294 Defendant Custody CERTIFICATE OF SERVICE I, Heather Z. Reynosa, Esquire, a member of the law firm of Griest, Himes, Herrold, Schaumann, Reynosa, LLP, hereby certify that on the 23rd day of May, 2013 a copy of the Petition for Emergency/Special Relief and proposed Order, was served by Facsimile and Regular First Class Mail upon the following attorney and/or individuals of record: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 Respectfully submitted, GRIEST HIMES, HERROLD, SCH U A REYNOS , BY: eather . Reynosa, E .D. # 81095 ttorney for Plaintiff 129 East Market Street York, PA 17401 (717) 846-8856 hreynosa(cb,ghhslaw.com Attorney for Plaintiff/Mother 1 TARA K. GOHN, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. N0. 2010—294 0� JERAD S. GOHN, ,a- .i w DEFENDANT CIVIL ACTION—LAW/CUD ANSWER TO ; EMERGENCY PETITION FOR SPECIAL RELIEF � RCS I. ADMITTED. By way of further explanation Plaintiff(hereinafter"Moth&v) x moved to East York, York County without providing any advance notice to the Defendant (hereinafter"Father") to live with her current boyfriend. It should be pointed out that "Father and Mother are not dissatisfied with the shared physical custody arrangement. The point of contention for the hearing is about which school district the Child will attend in the fall"(see Paragraph 3 of Conciliation Summary Report) so the only issue for the Court is which school Olivia attends. The sole issue in this case is whether Olivia attends Hillside Elementary School in New Cumberland or an elementary school in East York where Mother resides. Yet, the proposed Order states that the custody evaluator shall make specific recommendations for legal and physical custody. 2. ADMITTED. 3. ADMITTED. 4. ADMITTED. By way of further explanation, Father filed a Petition to Modify Custody on March 18, 2013 to specifically address whether Olivia should attend Kindergarten at the Hillside Elementary School (West Shore School District) located at 516 Seventh Street in New Cumberland which is just four (4) blocks from Father's home at 314 11th Street in New Cumberland or whether she should attend a school in East York where Mother and her boyfriend reside. 5. ADMITTED. By way of further explanation, on April 26,2013 at the conference Mother's counsel assured the Conciliator, opposing counsel and the parties that her office had confirmed with Dr. MacGregor and/or her staff that she could complete the evaluation in accordance with the rules prior to a hearing in the first week of August 2013. Nearly a month later, on May 21, 2013 Mother's counsel notified Father's counsel that: (a)the evaluation had not been initiated; (b)Dr. MacGregor required an Order; and (c) Dr. MacGregor would not have the report completed until seven (7) days prior to trial. Father's counsel promptly responded via fax on May 22,2013. Father does not believe Mother has acted promptly. Father does not agree to waive Pa. R.C.P. 1915.8 (b)which states: Any report... which a party intends to introduce at trial, must be delivered to the court and the other party at least thirty days before trial. 6. ADMITTED. The April 3 oth Order specifically places the financial obligation on Mother because it states "Mother shall have the right to have a custody evaluation performed as long as she pays for the evaluation..." Emphasis added. The Conference Summary Report states: "Father does not see the need for one, will not pay for it but will participate in the evaluation." Yet,the proposed Order now seeks to apportion those costs at a later date. The parties entered into the April 30, 2013 Order by agreement and Mother assumed the obligation to pay for the entire evaluation. 7. DENIED AS STATED. Father is without knowledge to know what Dr. MacGregor requires in terms of an Order but the proposed order is not in conformity with the form set forth in Pa. R.C.P. 1915.18. 8. DENIED AS STATED. Father has been told the report will be ready seven days prior to trial but this leaves no time for Father to properly evaluate the report,prepare for cross-examination or seek professional review. 9. ADMITTED. 10. ADMITTED. By way of further explanation Mother did not include the letter outlining the reasons why Father opposed the proposed Order. 11. ADMITTED. 12. ADMITTED. 13. ADMITTED. 14. ADMITTED. However, this allegation is irrelevant to the fact that any report must be delivered to the court and the other party at least thirty days prior to trial. The language in Pa. R.C.P. 1915.8 (b) is not discretionary because it uses the term "must"not"should" or"might". 15. DENIED AS STATED. This Honorable Court already conducted an in depth fact finding hearing before issuing its February 14, 2011 Order and Father's petition to modify simply requests that Olivia attend Hillside Elementary School and that Mother return the child's records to Jones Daly Coldren Pediatricians after unilaterally changing Olivia's doctors to a practice in York County. Mother has returned the records to Olivia's pediatrician in New Cumberland and it is difficult to see how any evaluation is necessary for the Court to determine whether Olivia attends Hillside Elementary School in New Cumberland or travel all the way to a school in East York. 16. DENIED AS STATED. Father incorporates by reference his response to Paragraph 15 as though fully set forth. 17. DENIED AS STATED. Father is prejudiced by receiving a report seven days prior to trial as opposed to thirty days prior to trial. It affords no opportunity for thoughtful review or proper cross examination. In addition, Mother's attorney assured the conference participants that her office had already confirmed the evaluation could be completed in accordance with the rules. 18. ADMITTED. Father incorporates by reference Exhibit"A" as though fully set forth, 19. DENIED. Father incorporates by reference Exhibit"A" as though fully set forth. 20. DENIED. It is improper to request exparte relief prior to notifying opposing counsel and/or provided the Court with the position of opposing counsel In this case Mother's attorney faxed the petition after she filed it and did not ,include Father's counsel's letter of May 22, 2013. WHEREFORE, Father respectfully requests this Honorable Court to: (1) limit the scope of any evaluation to the school issue since the Conference Summary Report clearly states at Paragraph 3 that "Father and Mother are not dissatisfied with the shared physical custody arrangement. The point of contention for the hearing is about which school district r the Child will attend in the fall"; (2) enforce the Order of April 30, 2013 which placed the burden of paying for the evaluation solely on Mother; and (3) require Mother to provide the report at least thirty days prior to August 8, 2013 as required by Pa. R.C.P. 1915.8 b). Respectfully submitted, BY: Steve owel Esq i ell Law irm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Defendant Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the party/parties set forth below by postage prepaid, first class United States Mail addressed as follows: Heather Reynosa, Esquire (Via Fax 846-3610) 129 East Market Street York, PA 17401 By: Steve owe , E q Date: May 24, 2013 VERIFICATION I/we verify that the statements made in the foregoing document are true and correct. I/we understand that fa statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 49 re sting nsworn falsification to authorities. BY: Stev How q ' e Date: ay 24, 2013 HOWELL LAW FIRM 619 Bridge Street, New Cumberland, Pennsylvania 17070 Telephone 717-770-1277 **** VIA FAX 846-3610 **** Fax 717-770-1278 May 22, 2013 Heather Reynosa, Esquire 129 East Market Street York, PA 17401 RE: Gohn v. Gohn, No. 2010—294 (Custody) Dear Heather: In response to your letter of May 21 St, I do not concur with the proposed Order for with following reasons: 1. Paragraph 10 of the proposed order waives the requirement in Pa. R.C.P. 1915.8 (b) which states: "Any report ... which a party intends to introduce at trial, must be delivered to the court and the other party'at least thirty days before trial." I can not agree to have a report only seven days before trial because it affords no opportunity for review by another expert. 2. Paragraph 9 states that copies of the evaluator's file will only be provided upon the payment of reproduction costs. The form order in Rule 1915.18 does not include this requirement. 3. Paragraph 6 indicates that the costs may be allocated upon my client. My client did not consent to such an arrangement when you requested the evaluation on April 26, 2013. In fact Paragraph 7 of the Order of Court dated April 30, 2013 states: "Mother shall have the right to have a custody evaluation performed so long as she pays for the evaluation..." [emphasis added]. Therefore, the cost is and always will be upon your client. When we met on April 26, 2013 you assured us that the evaluator could complete her evaluation—which we think is unnecessary since this is an issue of whether Olivia should start kindergarten in the West Shore School District where she has lived since birth or drive all the way to East York to reside with your client and her boyfriend— within the statutory time frames. Since my client filed his Petition to Modify on March 18, 2013 to address the school issue we have acted in a timely fashion. If Mrs. Gohn had wanted an evaluation she should have sorted these issues out prior to May 21 st Very truly yours, St n Ho ell, Esquire SH/bth cc: Jerad Gohn 0 EXHIBIT m TARA GOHN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JERAD S. GOHN, DEFENDANT NO. 10-294 CIVIL IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 28th day of May, 2013, upon consideration of Tara Gohn's Petition for Emergency/Special Relief, IT IS HEREBY ORDERED AND DIRECTED that a brief argument will be held on Wednesday, June 5, 2013 at 3:00 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. L. Ebert, Jr., J. -leather Reynosa, Esquire Attorney for Mother /Steve Howell, Esquire Attorney for Father bas .7 rn -�s. co TARA GOHN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : JERAD S. GOHN, DEFENDANT NO. 10-294 CIVIL . IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF ; ORDER OF COURT , AND NOW, this 5th day of June, 2013, upon consideration of Tara tn's Petition for Emergency/Special Relief, Jerad Gohn's Answer thereto and after oral' argument, IT IS HEREBY ORDERED AND DIRECTED that pursuant to Pa.R.C.P. 1915.18 that: 1. The evaluator shall be JoAnn MacGregor, PhD. 2. The evaluator shall conduct a comprehensive custody evaluation. 3. The evaluator shall make specific recommendations for legal and physical custody to include consideration of the Mother's request to relocate the child to York County. If the evaluator makes specific recommendations, the evaluator shall state the specific reason for the recommendations. 4. The parties shall participate fully with the evaluator on a timely basis, including retaining the evaluator upon appropriate terms, scheduling appointments, paying promptly, participating in all sessions and in appropriate testing recommended by the evaluator and executing any reasonable consents relating to themselves and the child. 5. The cost of the evaluation shall be borne by the Plaintiff unless otherwise agreed by the parties or Ordered by the Court. 6. The cost for the evaluator's time for depositions and/or testimony for hearing shall be borne solely by the Plaintiff without prejudice to the ultimate enforcement of such costs by subsequent agreement of the parties or Order of Court. Dr. MacGregor will be permitted to testify by telephone if she so desires. 7. The evaluator may consult with and/or interview any person the evaluator reasonably believes can provide relevant information, including other experts, treating professionals, and/or fact witnesses. 8. The evaluator may utilize the services of another qualified professional (e.g. to perform additional services)without Court approval. 9. Subject to the applicable rules of evidence, the evaluator's file (including notes, exhibits, correspondences, test interpretations and, to the extent it is not a violation of copyright law, or applicable professional rules, raw test date) shall promptly be made available to counsel for the parties upon request. However, such cost, if any, for the request for copies shall be borne by the party requesting such. 10. Provided that the parties cooperate on a timely basis, the evaluator shall deliver her report to counsel for the parties, any unrepresented party, the guardian ad /item, if any, and to the Court at least seven (7) days prior to the first day of trial. Delivery of the final report is controlled by this Order. Any provisions in the MacGregor Behavioral Health Services information sheet or informed consent agreement do not control the report completion deadlines. 11. Prior to and/or subsequent to the submission of the evaluator's written report, counsel for the parties shall not be permitted to communicate with the evaluator as to substantive issues, without the consent or direct participation of counsel for the other party. 12. If the report or any information from the evaluator is provided to the Court, the evaluator shall be subject to cross examination by all counsel and any unrepresented party regardless of who obtains or pays for the services of the evaluator. 13. The evaluator shall be provided with a copy of this Order. 14. The evaluator's report shall not be inappropriately disseminated. 15. If required,'the hearing currently scheduled for 9:00 a.m. Thursday, August 8, 2013, will be concluded on Thursday, August 29, 2013, beginning at 9:30 a.m. By the Court, M. L. Ebert, Jr., J. Heather Reynosa, Esquire Attorney for Mother teve Howell, Esquire Attorney for Father bas C.0 1*Qr fYz.:?-ACL F?L LO-0if FICE OF THE PRO i HONUG i.aii�5;, 2013 JUN 18 AM 9: 4 3 CUMBERLAND COUNTY PENNSYLVANIA TARA K. GOHN, : In the Court of Common Pleas of Plaintiff : Cumberland County, Pennsylvania V. No. 2010-294 JERAD S. GOHN, Civil Action — Law/Custody Defendant . PETITION FOR MODIFICATION OF EXISTING CUSTODY ORDER AND NOW, TO WIT, this 18th day of June, 2013, comes the Plaintiff, Tara K. Gohn, and by her attorneys, Griest, Himes, Herrold, Schaumann, Reynosa, LLP, Esquires, by Heather Z. Reynosa, Esquire, and files the following Petition For Modification of Existing Custody Order. 1. The Plaintiff is Tara K. Gohn, (hereinafter referred to as "Mother" and/or "Petitioner") an adult individual, who currently resides at 18 South Vernon Street, York, York County, Pennsylvania 17402. 2. The Defendant is Jerad S. Gohn, (hereinafter referred to as "Father" and/or "Respondent") an adult individual who is currently residing at 314 11th Street, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Mother and Father are the natural parents of one minor child: Olivia N. Gohn; born in May of 2008; age five (5) years old (hereinafter referred to as the "Child"). GRIESC,HIMES,HERROLD, SCHAUMANN,REYNOSA LLP 4. ATroR s AT LAw 129 EAST MARKET STREET Y.M.PENNSYLVANIA 17401 On March 18, 2013, Father filed a Petition to Modify Custody. See docket 2010- 7$I-FPxONE(717)846-8856 294 generally. 5. Thereafter, an Order dated April 30, 2013, was issued by this Honorable Court. Id. 6. Mother and Father are presently governed by the Court's Order of April 30, 2013, wherein the parties share equally legal and physical custody of the Child. 7. Moreover, within that Order of April 30, 2013, a Custody Trial has been scheduled to commence on August 8, 2013. 8. In anticipation of that Trial, Mother via her attorney, Attorney Heather Z. Reynosa, has contemporaneous to the filing of this Petition, filed a Notice of Relocation and Counter-Affidavit. 9. At this time, Mother believes and therefore avers that physical custody should be modified and that the Child should be permitted to relocate as such would be in the best interest of the Child. 10. Moreover, Mother avers that her motives in wanting permission to relocate the Child are pure in that Mother believes that the relocation will serve the best interest and welfare of the Child. 11. Mother also believes that Father's rights would not be substantially impacted due to the physical custody schedule he presently agreed to and is actually exercising with GRIEYI�HIMES,HERROLD, the Child, and that an alternative partial physical schedule could be easily achieved. SCHAIMANN,REYNOSA LLP Arww ys AT LA. 129 EAST M-.0 SU Y"P�sm�17401 12. TELEPmaN (717)846-8856 It is respectfully requested by Mother that the Child be permitted to relocate and that the existing Order be modified as: 2 a. The Child's life will significantly improve if able to relocate with Mother. b. Mother's motives in desiring the relocation are pure in that she believes that the move will advance the Child's best interests and overall welfare. C. Father's rights of partial physical custody will not be substantially impacted by the Relocation and an alternative schedule of custody is possible. d. Historically, Mother has been and continues to be the primary caretaker of the Child. e. Mother is the parent more likely to foster a relationship between Child and the other parent. f. Mother believes that it is in the Child's best interest that she be permitted to attend Yorkshire Elementary School in the York Suburban School District. (Presently, custody litigation is pending regarding each parent's request that the Child attend the School and School District where she/he resides). g. Mother believes that the Child's preference would be to attend GWEST,HIMES,HERROLD, SCHADMANN,REYNOSA LLP Yorkshire Elementary School and live primarily with Mother. ATf Rfi ys AT LAW 129 EAST MAWK STREET Y.,PF.n,sTLVAatIA 17401 TF.t Oior-(717)W-9856 13. Lastly, it is specifically requested that: a Conciliation Conference not be 3 scheduled regarding Mother's Petition to Modify, and during Trial commencing on August 8, 2013, Mother's Petition to Modify as well as issues of Relocation be heard by this Honorable Court. WHEREFORE, Mother respectfully requests that this Honorable Court permit the Child to relocate and modify the schedule of Father's rights to those of partial physical custody consistent with the Child's best interest and to the extent necessary to permit such. Additionally, Mother respectfully requests that this Petition for Modification and the issues of Relocation be heard at the time already set for Trial in this matter commencing on August 8, 2013. Respectfully submitted, GRIES , HIMES, HERROLD, SCHA ANN REYNOS LP BY H ther Z. Re nosa, sure PA .D #81095 129 East Market Street York, Pennsylvania 17401 Telephone (717) 846-8856 hreVnosa(a-)-ghhslaw.com Attorney for Petitioner/Mother DRIEST,HIMES,HERROLD, SCHAUMANN,REYNOSA LLP ATTORNEYS AT L- 129 EAST MARKET SIAEEf I.,PENNSY V_17401 Tb1 HON (717)846-8856 4 VERIFICATION 1, Heather Z. Reynosa, Esquire, on behalf of Petitioner whose verification could not be timely obtained, do hereby verify that the statements made in this document are true and correct based upon information provided to me by the Petitioner. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Z. Reynosa, ES16UiVe GRiEsT,MmEs,ffcnow, SCHAUMANN,REYNOSA LLP ATTORNEYS AT LAW 29 FAST MARKET STREET YORK.PGWE-vANIA 17401 TELEPHONE(717)846-8956 TARA K. GOHN, : In the Court of Common Pleas of Plaintiff : Cumberland County, Pennsylvania V. No. 2010-294 JERAD S. GOHN, Civil Action — Law/Custody Defendant CERTIFICATE OF SERVICE AND NOW, TO WIT, this 18th day of June, 2013, 1, Heather Z. Reynosa, Esquire, a member of the law firm of GRIEST, RIMES, HERROLD, SCHAUMANN, REYNOSA, LLP, of 129 East Market Street, York, Pennsylvania, hereby certify that I served a true and correct copy of the Notice, proposed Order and Petition for Modification of Existing Custody Order, filed in the above-captioned matter on this date by Certified Mail, Return Receipt Requested, on the following individual and/or attorney: Mr. Jerad S. Gohn c/o Steven Howell, Esquire 619 Bridge Street New Cumberland, Respectfully submitted, GRIEST, qIMES, HERROLD, SCHAUM NN, REYNOSA, BY. ftather Z. Reynos4,4EL D. # 81095 129 East Market Street York, PA 17401 (717) 846-8856 GRim,HimEs,HERROLD, hreynosa ghhslaw.com SCHAUMANN,REYNOSA LLP Arm—ys AT L,� 129 FA�MAR�STR� Attorney for Petitioner/Mother YOM,P�­AMA 17401 Tnxpwx (717)846-8856 TARA K. GOHN, In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania V. No. 2010-294 c JERAD S. GOHN, Civil Action - Law/Custody -oZ w --j Defendant •z� �? cn� GD C3 NOTICE OF RELOCATION AND NOW, TO WIT, this 10 th day of June, 2013, comes the Plaintiff, TARA K. GOHN (hereinafter "Mother" and/or "Plaintiff'), and by her attorneys, Griest, Himes, Herrold, Schaumann, Reynosa, LLP, Esquires, by Heather Z. Reynosa, and files the following Notice of Relocation: 1. The Plaintiff is TARA K. GOHN, an adult individual who currently resides at 18 South Vernon Street, York, York County, Pennsylvania 17402. 2. The Defendant is JERAD S. GOHN (hereinafter "Father" and/or "Defendant"), an adult individual who currently resides at 314 11th Street, New Cumberland, Cumberland County, Pennsylvania 17070. 3. The parties are the biological parents of one (1) minor child: OLIVIA N. GOHN, born in MAY of 2008, age five (5) years 4. An Order of Court, dated April 30, 2013, awards the parties shared legal GRIPST,HIMES,HERROLD, and shared physical custody of the Child. SCHAUMANN,REYNOSA LLP ATTORNEYS AT LAW 129 EAST MARKET STREET YORK,PENNSYU-A 17401 T)U-014E(717)946-8856 5 Mother believes and therefore avers that the address of the Child's intended new residence will be 18 South Vernon Street, York, York County, Pennsylvania 17402. 6. Mother believes and therefore avers that the new mailing address of the Child will be the intended new residence address as set forth in the preceding paragraph. 7. Mother believes and therefore avers that the names and ages of the individuals who shall reside in the intended new residence are: Mother, born in April of 1984, age twenty-nine (29) years old; her paramour, Scott Kraft, born in September of 1979, age thirty-three (33) years old; and his (Mr. Kraft's) daughter, Riley Smeltzer, born in February of 2006, age seven (7) years of age. 8. Mother believes and therefore avers that the home telephone number of the intended new residence will be her cell phone number which is (717) 379-0879. 9. Mother believes and therefore avers that the name of the Child's new school district and school will be Yorkshire Elementary School located at 295 Mills Street, York, York County, Pennsylvania 17402, in the York Suburban School District. 10. Mother believes and therefore avers that the date of the proposed relocation will be near the end of August of 2013 (prior to the start of the 2013-2014 school year) if so ordered by the Court or as soon as Father agrees. 11. The reasons for the proposed relocation are as follows: A. Mother believes that the Child's life would be significantly improved in GRIEST,HIMEST HERROLD, SCHAUMANN,REYNOSA LLP all aspects if able to relocate with Mother, Arro ys AT LAw 129 EAST MARKET'STREET Y._,PEnwsnvnwA17401 B. Mother knows that her motives in desiring the Child's relocation T­ou, (717)846-8856 are pure in the sense that she wishes to improve the Child's life; C. Mother has and continues to be the primary caretaker of the Child; D. At the present time, Mother believes that her schedule is more flexible and conducive to having or being awarded primary physical custody of the Child; F. Mother and Father do not reside in the same county, school district, and/or elementary school, and the Child is scheduled to begin Kindergarten during the 2013-2014 school year; E. Mother knows that an alternative custody arrangement/schedule would be available for FATHER; F. Mother believes that the Child's preference would be to live primarily with Mother and to attend Yorkshire Elementary School; and G. Mother believes that such relocation would promote the Child's best interest and advance the Child's overall welfare. 12. Mother proposes that: Mother and Father shall continue to share legal custody; Mother have primary physical custody; and Father have rights of partial physical custody. 13. Mother has sent to Father and attached hereto as Exhibit 'A" the Counter-Affidavit as provided under section (d)(1), which can be used to object to the proposed relocation and modification of the custody order. 14. Mother has sent to Father and attached hereto as Exhibit "B," the cover letter warning Father that, if Father does not file with the Court an objection to the proposed relocation within thirty (30) days after receipt of notice, he shall be foreclosed from objecting to the relocation. GRIEST,HIMES,HERROLD, SCHAOMANN,REYNOSA LLP ATTORNEY$AT LAW 129 EAST MAR—STREET YORK,PENNSri—17401 TEE moR, (717T846-8856 Respectfully submitted, GRIEST; HIMES, HERROLD SCHA EYNOS By Siather Z. Reynosa, Es re p. Ct. ID No. 81095 129 East Market Street York, Pennsylvania 17401 (717) 846-8856 (717) 846-3610 fax hre ny osa(cr�ghhslaw.com Attorney for Plaintiff/Mother GRIEST,HIMES,HERROLD, SCHAUMANN,REYNOSA LLP Am—AT LAw 129 EAST MARKET S-EU YORK'PF Sn_17401 T)=Hor (717)846-8856 TARA K. GOHN, In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania V. No. 2010-294 JERAD S. GOHN, Civil Action — Law/Custody Defendant COUNTER-AFFIDAVIT REGARDING RELOCATION This proposal of relocation involves the following Child: Olivia N. Gohn, born in May of 2008, age five (5) years 1 have received a Notice of proposed relocation and, (CHOOSE ONE BELOW) 1. I do not object to the relocation and I do not object to the modification of the Custody Order consistent with the proposed revised Custody Schedule as attached to the Notice. 2. 1 do not object to the relocation, but I do object to the modification of the Custody Order, and I request that a hearing be scheduled: a. Prior to allowing Olivia N. Gohn to relocate. b. After the child relocates. 3. 1 do object to the relocation, and I do object to the modification of the Custody Order, and I further request that a hearing be held on both matters prior to the GRrm,H1MFS,HF.RROLD, SCHAUMANN,RFYNOSA LLP ATIoRNZYS AT LAW relocation taking place. 129 EAn M,uo SMA Yo 'PWNSMA 17401 7�o.a(717)846-8856 EXH BIT CVUlo��r's� J J Q I understand that in addition to checking (2) or (3) above, I must also file this notice with the court in writing and serve it on the other party by certified mail, return receipt requested. If I fail to do so within 30 days of my receipt of the proposed relocation notice, I shall 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: Jerad S. Gohn GRIESTI HIMES,HERROLD, SCHAUMANN,REYNOSA LLP ATTORNEYS AT LAW 129 EAST MARKET$TRET:T YORK,PENNSYLVANIA 17401 TELErxoN (717)846-8856 3GRIEST, HIMES, HERROLD, S C HAUMAN N, REYN O SA LLP ATTORNEYS AT LAW 129 EAST MARKET STREET YORK, PENNSYLVANIA 17401 BRANCH LOCATION JOHN C.HERROLD SUZANNE H.GRIEST WARRINGTON WAYS DAVID B.SCHAUMANN TELEPHONE(717)846-8856 WELLSVILLE,PA 17365 HEATHER Z.REYNOSA FAX(717)846-3610 (REPLY TO YORK OFFICE) TRACI L.McPATE FAX(717)845-3330 - SCOTT E.LINEBERRY WWW.GHHSLAW.COM RUSSELL F.GRIEST(1953-1979) LAURENCE T.HIMES,JR.,Retired June18, 2013 Via Certified Mail, Return Receipt Requested Mr. Jerad S. Gohn c/o Steven Howell, Esquire Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 RE: Tara K. Gohn V. Jerad S. Gohn Dear Mr. Gohn: As you know, I represent Tara K. Gohn with respect to her custody matters. As such, please find enclosed herein a Notice of Relocation and Counter-Affidavit with respect to the above-referenced matter. Further, pursuant to 23 Pa.C.S.A. § 5337, if an objection to the relocation is not filed with this Honorable Court within thirty (30) days after receipt of the Notice, then you shall be foreclosed from objecting to the relocation. Thank you for your prompt attention in this matter. e WZ. Re a Enclosure s HZR/lep cc: Steven Howell, Esquire Client file E ll IBIT LU LU J J Q TARA K GOHN, : In the Court of Common Pleas of Plaintiff : Cumberland County, Pennsylvania V. No. 2010-294 JERAD S. GOHN, Civil Action — Law/Custody Defendant CERTIFICATE OF SERVICE AND NOW, TO WIT,this i�ay of-June, 2013, 1, Heather Z. Reynosa, Esquire, a member of the law firm of GRIEST, HIMES, HERROLD, SCHAUMANN, REYNOSA, LLP, of 129 East Market Street, York, Pennsylvania, hereby certify that I served a true and correct copy of the Notice of Relocation and Counter-Affidavit Regarding Relocation, filed in the above-captioned matter on this date by Certified Mail, Return Receipt Requested on: Mr. Jerad S. Gohn c/o Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 Respectfully submitted, GRIEST,.'y'M'ES, HERROLD, . SCHAU NN . REYNOSA, ,L Ov. ly r 7 Pther Z. Reynosa, Es , . # 81095 129 East Market Street York, PA 17401 (717) 846-8856 hreynosa(CD-ghhslaw.com Attorney for PlaintifflMother GRwsT,Hjmvs,HER;tow, SCHAUNIANN,RrvNosA LLP AmwKYS AT LW 129 EASE MARKET ST� YORK,ft—.InVAMA 17401 T.Z.�(717)846-8856 TARA K. GOHN, : In the Court of Common Pleas of Plaintiff : Cumberland County, Pennsylvania V. No. 2010-294 JERAD S. GOHN, Civil Action — Law/Custody Defendant " F -� Cn �3- PRAECIPE To the Prothonotary: zc Please lodge the attached Domestic Return Receipt as proof of service of the Notice of Relocation, a Counter-Affidavit, a Proposed Order, a Notice, and a Petition for Modification of Existing Custody Order with respect to the above-referenced matter. Respectfully submitted, GRIEST HIMES, HERROLD, SCHAU ANN, R YNOS L P By H ather Z. Reynosa, Es re S p. Ct. ID No. 81095 129 East Market Street York, Pennsylvania 17401 (717) 846-8856 (717) 846 73610 fax GR1m,H1MES,HERROLD, hre ynosa(�ghhsla w.com SCHAUMANN,REYNOSA LLP ATTORNEYS AT LAW 129 EASE MARKET STREET' YORK,PENNSYLVANIA 17401 Tr--(717)846-8856 PLAINTIFF'S "A" SENDER: DELIVERY ■ Complete Items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse" t X ❑Addressee so that we can return the card to you. B. R bbd by(Printed me) C. Date of Delivery ■ Attach this card to the back of the mailpiece, `, or on the front If space permits. D. Is delivery address different from Item 1? 171 s 1. Article Addressed to: If YES,enter delivery address below: ❑No me , Gin e_ SEVMC A— 3. Se Ice Type ER Certified Mali ❑ ress Mail Registered Gd Retum Receipt for Merchandise ❑Insured Mail ❑C.O.D. L t 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number -- - -- - (Transfer from service Jabeq 7007 0 710 0 0 0 3 716 7 9364 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1 540 GRIFST,HIMFS,HERROLD, SCHAUMANN,REYNOSA LIX ATNRN S AT L- 1 29 EAST MARKET STREET YORK,PL NSYLVAMA 17401 txucllon(717)946-8856 TARA K. GOHN, : In the Court of Common Pleas of Plaintiff : Cumberland County, Pennsylvania V. No. 2010-294 JERAD S. GOHN, Civil Action — Law/Custody Defendant CERTIFICATE OF SERVICE I, Heather Z. Reynosa, Esquire, a member of the law firm of Griest, Himes, Herrold, Schaumann, Reynosa, LLP, hereby certify that on June26, 2013, a copy of the attached Praecipe and Plaintiff's Exhibit "A", was served by Regular First Class Mail upon the following individual of record: Steven Howell, Esquire Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 Respectfully submitted, GRIEST, RIMES, HERROLD, SCHAUM�-NN, NOSA LLP By: OLW'-7'4' e ther Z. Reynosa, Esquir Su . Ct. ID No. 81095 1 East Market Street York, Pennsylvania 17401 (717) 846-8856 (717) 846-3610 fax hreynosa()ghhslaw.com GRIEST,Hims,HERROLD, SCHAUMANN,REYNOSA LLP ATTORNEYS AT LAw 129 EAST MARKET Sn= YORK,PEN MVAMA 17401 TE—ONE(717)846-8856 `s s 0 i ? 13 Jim, 28 P � 2� TARA K. GOHN, cUrABERLAND CO e Court of Common'Pleas of VAIq PlaintiffNSY umberland.County,. Pennsylvania V. No. 2010-294 JERAD S. GOHN, Civil Action — Law/Custody Defendant COUNTER-AFFIDAVIT REGARDING RELOCATION This proposal of relocation involves the following Child: Olivia N. Gohn, born in May of 2008, age five (5) years I have received a Notice of proposed relocation and, (CHOOSE ONE BELOW) 1. Custody Order consistent with the proposed revised Custody Sched s attached to the Notice. 2. 1 do not object to the relocation do object to the modification of the Custody Order, and I reque a hearing be scheduled: a. Prior to allowing Olivia N. Gohn to relocate. e 3. 1 do object to the relocation, and I do object to the modification of the Custody Order, and I further request that a hearing be held on both matters prior to the GRIEST,HIMP.S,HERROLD, SCHAUMANN,REYNOSA UP Arro-s nT Lnw relocation taking place. 129 Ens MARKET SREer YORK.PENNSYLYAMA 17401 TeLee-(717)846-8856 4 I understand that in addition to checking (2) or (3) above, I must also file this notice with the court in writing and serve it on the other party by certified mail, return receipt requested. If I fail to do so within 30 days of my receipt of the proposed relocation notice, I shall 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: / GRIFST,HIMES,HERROLD, SCHAUMANN,REYNOSA LLP ATNR 'AT LAW 129 EAST MARK SrUe - Y.,PeMUSYLV,wu 17401 . TELuHoN (717)846-8856 TARA K. GOHN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 10-294 CIVIL ACTION - LAW JERAD S. GOHN, Defendant IN CUSTODY MOD ACCEPTANCE OF SERVICE 1, Heather Z. Reynosa, Esquire, counsel for the above-named Plain t1 a6a S- Gohn, am authorized and do hereby accept service of the Counter-Affidavit-and-two' Acceptance of Service Forms filed on the L � A day of June, 2013, in the office of the Prothonotary of Cumberland County in the above-captioned matter, by signing my name below and I hereby certify that I am authorized to do so. GRIEST, HIM S, HERROLD, SCHAUM N OSA LLP By: U Fe Cher Z. Reynosa, E-S41 P�Jjoe p Itip. Ct. ID No. 81095 9 9 East Market Street o orlI rk, Pennsylvania 17401 (717) 846-8856 (717) 846-3610 fax hreynosa(@__qhhs1aW.com Attorney for Plaintiff/Mother DATE:— Id's E" j 01IiQ '�t�9#�: TARA K. GOHN, : In the Court of Common Pleas of Plaintiff : Cumberland County, Pennsylvania V. No. 2010-294 JERAD S. GOHN, : Civil Action — Law/Custody Defendant ACCEPTANCE OF SERVICE 1, Steven Howell, counsel for the above-named Defendant, Jerad S. Gohn, am authorized and do hereby accept service of the Notice, proposed Order, and Petition for Modification of Existing Custody Order filed on the t k day of June, 2013, in the office of the Prothonotary of Cumberland County in the above-captioned matter, by signing my name below and I hereby certify that I am authorized to do so. Steve owell, �qui P upreme Court INo. 62063 orney for Jerad S. Gohn 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 DATE: /_/'2_ 7,11-3 TARA K. GOHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 10-294 CIVIL ACTION — LAW JERAD S. GOHN, Defendant IN CUSTODY ACCEPTANCE OF SERVICE 1, Steven Howell, Esquire, counsel for the above-named Defendant, Jerad S. Gohn, am authorized and d?.Vreby accept service of the Notice of Relocation and Counter-Affidavit filed on the 14 day of June, 2013, in the office of the Prothonotary of Cumberland County in the above-captioned matter, by signing my name below and I hereby certify that I am authorized to do so. Steven_ w ell, Esquire PA S preme Court ID No. 62063 62 063 t or neV for Jerad S. Gohn 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 TARA GOHN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA C) V. C= -0a rn Ca C/,) ;rm rn JERAD S. GOHN, =70 -V (p r- I DEFENDANT NO. 10-294 CIVIL -<> cn c) r--2: '=a =-n ICE, IN RE: CUSTODY ORDER OF COURT W , AND NOW, this 4t" day of September, 2013, after hearing in the matter, pursuant to 23 Pa.C.S.A. §5323(d) the Court states the following reasons in support of the Custody Order issued in this case: 1. Both parents will encourage and permit frequent and continuing contact between the child and the other party. 2. Neither party has abused the child or poses any risk of harm to the child. The cat that resides in or around the Father's home does not pose any threat to the child. 3. Both parties are very capable of performing parental duties on behalf of the child. 4. While there is no question that the Father's entire extended family is readily available to the child, the child views her "family" as a blend of all the individuals in both Father and Mother's home to include each party's significant other and Scott Kraft's daughter, Riley. The Court does not find that allowing Mother to have physical custody of the child during the school year will have any significant impact upon the child's availability to Father's extended family. 5. Olivia has formed a significant sibling relationship with Mr. Kraft's daughter, Riley, who is age 7. 6. The child has not stated a preference regarding custody. As noted in Dr. McGregor's report, she is very hesitant to say anything negative about either her Mother or Father. The child, being above average intelligence, is aware of the conflict between her parents and views her "family" as a combination of the two households. 7. Both parties are very capable of maintaining a loving, stable, consistent and nurturing relationship with the child adequate for the child's emotional needs. 8. Given Mother's very flexible work schedule, coupled with her greatly improved financial situation, she is better able at this time to attend to the daily physical, emotional and educational needs of the child. Additionally, given her training as a nurse, she is better equipped to address the child's asthma and upper respiratory problems. 9. At the present time, the parties live approximately 23 miles apart. While the route of travel between the two homes consists mostly of Interstate 83, it is noted that this highway is very congested and given the child's school requirements, both current and future, the Court finds that the distance between the homes is such that 50/50 custody is no longer feasible. 10. The level of conflict between these parties is not great. While the pressure of this contested custody action has moved both parties to portray the other in a less than favorable light, the Court finds that for the most part they have cooperated in promoting the best interest of their child. 11. Neither party has any significant drug or alcohol problems. While it is clear that there is a fair amount of beer consumption at the Father's home, this has not affected his ability to provide excellent care for his child. 12. Father's music related hobby and the recording studio he has in his home pose no threat to the welfare or safety of the child at this time. 13. While Father attempts to portray Mother as financially irresponsible, the Court finds that Mother's new relationship with Scott Kraft and his family has greatly improved her economic situation and stabilized her personal life. This has provided her greater flexibility with regard to her work schedule such that she is better capable of caring for the child on a daily basis during the school year. By the Court, 1\4 q A ��Av M. L. Ebert, Jr., J. c/Heather Reynosa, Esquire Attorney for Mother v-, Steve Howell, Esquire Attorney for Father bas 0-4�P 1*es A& TARA GOHN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA JERAD S. GOHN, w DEFENDANT NO. 10-294 CIVIL X� , IN RE: CUSTODY r-� "' ORDER OF COURT -- AND NOW, this 41h day of September, 2013, upon consideration of Tar-6 Gffin's' Petition for Modification of Custody Order, the memorandums filed by the parties and after hearing; IT IS HEREBY ORDERED AND DIRECTED that: 1. Legal Custody: Plaintiff, Tara Gohn (hereinafter referred to as "Mother") and Defendant Jerad S. Gohn (hereinafter referred to as "Father") shall have shared legal custody of the minor child, Olivia N. Gohn, dob: 5/03/08. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding the child's 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 their child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, make copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: A. Mother shall have primary physical custody of the minor child during the school year. The child shall be enrolled in the York Suburban School District. Father shall have partial physical custody three weekends per month from Friday at 6:00 p.m. until Sunday at 7:00 p.m., unless other arrangements have been made. Mother shall have her choice of one weekend per month. She shall provide notice of the date of her weekend choice to Father at least two weeks prior to the beginning of that month. B. Summer Vacation: Father shall have primary physical custody during the summer vacation. Father shall begin his first week of physical custody at 7:00 p.m. on the first Sunday following the conclusion of the school year. Mother shall have partial physical custody of the child every other weekend from Friday at 6:00 p.m. until Sunday at 7:00 p.m. beginning June 13, 2014. Additionally, Mother will be allowed a period of seven consecutive days of summer vacation with the child to begin on one of her weekends. Mother shall provide the dates of the summer vacation to the Father on or before the third Friday of May each year. 3. Mother's Relocation: The relocation of Mother to her current address at 18 South Vernon Street, York, Pennsylvania is approved by the Court. 4. Holidays and Special Days: A. HOLIDAYS: 1. Thanksgiving: The Thanksgiving Holiday will be divided into two segments. Segment A shall run from 6:00 p.m. the Wednesday before Thanksgiving until 2:00 p.m. Thanksgiving Day. Segment B shall run from 2:00 p.m. Thanksgiving Day until 6:00 p.m. the Friday after Thanksgiving Day. In even numbered years, Mother shall have custody for Segment A and Father for Segment B. In odd numbered years, Father shall have custody for Segment A and Mother for Segment B. 2. Christmas: The Christmas Holiday (Winter Break) will be divided into two segments. Segment A shall run from 7:00 p.m. the Sunday before the break (December 22 in 2013) until December 25th at noon. Segment B shall run from December 25th at noon until December 31St at noon. In even numbered years, Father shall have custody for Segment A and Mother for Segment B. In odd numbered years, Mother shall have custody for Segment A and Father for Segment B. 3. New Year's: The New Year's holiday shall run from noon on December 31 (12/31 shall control the even/odd determination) until noon on January 1. In odd numbered years, Mother shall have custody. In even numbered years, Father shall have custody. 4. Easter: The Easter Holiday (Spring Break) will be divided into two segments. Segment A shall run from 6:00 p.m. the day before the Spring Break begins (April 16 in 2014) until 9:00 a.m. Easter Day. Segment B shall run from 9:00 a.m. Easter Day until 7:00 p.m. the day before school resumes (April 21 in 2014). In even numbered years, Father shall have custody for Segment A and Mother for Segment B. In odd numbered years, Mother shall have custody for Segment A and Father for Segment B. 5. Mother's Day: Mother shall have custody of the child from 9:00 a.m. until 9:00 p.m. on Mother's Day. 6. Father's Day: Father shall have custody of the child from 9:00 a.m. until 9:00 p.m. on Father's Day. B. SPECIAL DAYS: (1) Father shall have physical custody of the child during the long weekends for Labor Day, Columbus Day, Veteran's Day, Martin Luther King Day, and Memorial Day. The period of custody for these weekends shall run from 6:00 pm on Friday evening until 7:00 p.m. on Monday evening. (2) Mother shall have physical custody of the child for the Mid- Winter Vacation from 6:00 p.m. Thursday evening until 7:00 p.m. Monday evening. This shall constitute the Mother's weekend for the month of February. (3) Olivia's Birthday, May 3: If the child's birthday falls on a Saturday or Sunday, the parties shall share custody. Mother shall have custody from 9:00 a.m. until 2:00 p.m. in even numbered years and 2:00 p.m until 7:00 p.m. in odd numbered years. In odd numbered years, Father shall have custody from 9:00 a.m. until 2:00 p.m. and from 2:00 p.m. until 7:00 p.m. in even numbered years. If the child's birthday falls on a Friday, Father shall have custody of the child for the weekend beginning at 6:00 p.m. If the child's birthday falls on any other school day, Father shall have custody of the child from 6:00 p.m. until 8:30 p.m. 5. Exchange Times: The times of exchange stated in this Order shall be strictly adhered to. No party shall take upon itself the right to extend any custodial time without the express prior permission of the non-custodial party. 6. Transportation: Transportation shall be shared such that the exchange shall occur, in the absence of an agreement otherwise, at the Wal-Mart parking lot at the Yocumtown exit on 1-83. 7. Telephone access: Liberal telephone access to the child shall be afforded to the non-custodial party at all reasonable times. 8. Alienation: No party, nor members of any party's family, shall do anything which may estrange the child from the other party or that party's family, injure the opinion of the child as to the other party or that party's family, or which may hamper the free and.natural development of the child's love and affection from the other party or that party's family. 9. Future Relocation: No party shall relocate the child if such relocation will significantly impair the ability of to non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child 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. By the Court, NA , M. L. Ebert, Jr., J. Heather Reynosa, Esquire Attorney for Mother /Steve Howell, Esquire Attorney for Father bas =�1 Sao, _ �'�Lyi 'k' �i: Pi IE PROTNONQ Te R'y i 2014 JAN 29 FM 1; 27 CUMBERLAND COUNTY PENNSYLVANIA TARA K. GOHN, : In the Court of Common Pleas.of Plaintiff : Cumberland County, Pennsylvania V. No. 2010.294 JERAQ S. GOHN, : Civil Action — Law/Custody Defendant Pass-port Agreement of the Parties NOW TO WIT, this 7 ' da of January, 2014, comes the Plaint' ra K. AND Y ' Gohn (hereinafter "Plaintiff- and/or "Mother") and the Defendant, Jerad Gohn (hereinafter"Defendant" and/or"Father") and they agree as follows: Mother and Father are the natural parents of one minor child, Olivia Gohn (hereinafter the "Child") born May of 2008. 2. The Child has a valid U.S. passport. 3. By Order of Court of April 30, 2013 (docketed on May 1, 2013), t hild's passport is retained in the Cumberland County Prothonotary's Office. 4. Further, by Order, "[e]ither parent shall need a written agreement sign (and notarized by) both parties or further Order of Court to gain possession of said port." See paragraph 6 of the Order of Court of April 30, 2093 (docketed on May 1, 2 5. Mother is taking a trip with the Child to the Cayman Islands during th tes of February 7, 2014, through February 18, 2014. 6. t11\-Gl-GV1Y lU.Yd cannon Ili umv vvav I 0. / ' r i 5 Father has agreed that Mother may take and travel with the Child to the man Islands. 7. The trip requires the Child to have her U.S. passport. Mother and Father agree that. Mother may retrieve Olivia N. Gohn's sport from the Cumberland County Prothonotary's Office on or after January 27, 201 9. Mother and Father agree.that Mother shall return the passport to the Cumb d. County Prothonotary's Office by the close of business on February 28, 2 Respectfully submitted, r Tara K. Gohn J ad Mother ater - ------- .u• ua uvaz ry zu •wauval 111 VYV JV1V 1 fi i COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF YORK AND NOW, this J)^day of 2014, before me, tary Public, personally appeared Tara K. Gohn, known t6 me (or satisfactorily prov o be the person whose name is subscribed to the foregoing instrument and ackn ged the same to be her act and deed for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and nota al, the aforementioned date. NOTARY PUBLIC My Commission Expires: fS -- NOTARIAL SEAL LAURA E PALM Notary Public YORK CITY,YORK COUNTY My Commission Expires Aug 20,20 COMMONWEALTH OF PENNSYLVANIA $s. COUNTY OF C,-xmbft(W0 AND NOW, this 93 day of ' 2014, before me, otary Public, personally appeared Jerad S. Gohn, known fi me (or satisfactorily p n) to be the person whose name is subscribed to the foregoing instrument and ackn god the same to be his act and deed for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and nota. eal the aforementioned date. �f NOTARY PUBLIC My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal 6erit T. Howell, Notary Public New Cumberland Bono,Cumberland County My Comrn&Oon Expires May 10,2017 MEMBER,PENNSYLVANIA ASSOZATIOr+Of f13TAPIES TARA GOHN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JERAD S. GOHN, DEFENDANT NO. 10-294 CIVIL IN RE: PASSPORT AGREEMENT OF THE PARTIES ORDER OF COURT AND NOW, this 29th day of January, 2014, upon consideration of the parties' Passport Agreement, IT IS HEREBY ORDERED AND DIRECTED that the Passport Agreement shall be made part of the record, and Mother is granted leave to retrieve Olivia N. Gohn's passport from the Cumberland County Prothonotary's Office. IT IS FURTHER ORDERED AND DIRECTED that Mother shall return the Passport to the Cumberland County Prothonotary's Office on or before the close of business February 28, 2014. By the Court, M. L. Ebert", Jr., Tara K. Gohn — epa y ?VsaljaCl y qlajec..) Jerad S. Gohn MW /�a4�/y' C->bas � ro C~r to a)Y X-C) N { � f (David(D. Buell' 2�nee Simpson Prothonotary Deputy Prothonotary µ Irene E. Morrow rkS. Soicitor E,SQ 2'd(Deputy 1r'rothonotary Solicitor Office of the ftothonotary Cum6erfand County, ('ennsyfvania Date: January 30, 2014 Case #: 10-294 Civil Term Per Order of Court dated January 29, 2014 by Judge M. L. Ebert, Jr., the child passport currently being held by the Cumberland County Prothonotary office, is to be released to Tara Gohn. The terms of the Order of Court are as follows: The mother is granted leave to retrieve Olivia N. Gohn's passport from the Cumberland County Prothonotary's Office. The mother shall return the passport to the Cumberland County Prothonotary's Office on or before the close of business February 28, 2014. Release to: Tara Gohn Signature Attached is the copy of David D. Buell Drivers License. Prothonotary Irene Morrow Deputy Prothonotary C-4 t4o_28 090 386 Du S:00 Lf1 :'o m:0412511984 sex: ZC1ass::C Eyes:'BRO +Endorser-- Height:$t 02i CorrilMed'Rstr:*r RM issued- 0510512011 (n ! Expires:04f2612015 . lie IW ORG{iPV DONOR .> TARAK'GOHN 11 03 0UINCX'CIRCLE ,� NEW_CUMBERLNDPAI? 0