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HomeMy WebLinkAbout02-0892ALLAN M. YOHE, Plaintiff STAR L. SHOPP, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY : NO. Co- q g- cIVIL TERU COMPLAINT FOR PARTIAL CUSTODY The plaintiff, Allan M. Yohe, by his attorneys, the Family Law Clinic, brings this action for shared legal and partial physical custody of his son, Thomas Allan Yohe, bom June 23, 1999. In support of his complaint, Plaintiff states as follows: 1. The plaintiff is Allan M. Yohe ("Father"), residing at 1601 York Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The defendant is Star L. Shopp ("Mother"), with a last known address of 101 B West North Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Father seeks partial custody of the following child: Name Present Residence Date of Birth Thomas Allan Yohe 101 B West North Street 6/23/99 Carlisle, PA 17013 The child was bom out of wedlock. The child is presently in the custody of Mother, with the last known address of 101 B West North Street, Carlisle, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: Persons Star L. Shopp Star L. Shopp, Dave Shopp Star L. Shopp, Allan M. Yohe, Rita Garland Addresses 101 B West North Street, Carlisle, PA 17013 65 Possum Lake Rd. Carlisle, PA 17013 1075 Harrisburg Pike Carlisle, PA 17013 Dates 1/00 - Present 8/1/99 - 1/00 6/23/99 - 7/31/99 The mother of the child is Star Shopp, who has a last known address of 101 B West North Street, Carlisle, Pennsylvania. She is single. The father of the child is Allan M. Yohe, currently residing at 1601 York Road, Carlisle, Pennsylvania. He is single. 4. Therelationshipoftheplaintifftothechildisthatoffather. The plaintiffcurrently resides with the following persons: Name Relationship Mary Shankle Mother Mark Yohe Father Donald Yohe Brother 5. The relationship of defendant to the child is that of mother. She currently resides with the following persons: Name Thomas Allan Yohe Relationship son 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of this child in this or another court. Plaintiffhas no infomiation of a custody proceeding concerning the child pending in a court of this Commonwealth or another state. 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Father desires to spend time with and develop a relationship with his child. b) It would be in the child's best interest to enjoy regular and continuing contact with his father. 8. Each parent whose parental rights to the child have not been temdnated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant him shared legal and partial physical custody of the child because it will be in the best interest of the child. Date: Lil2~rlS. Cheung Certified Legal Intern TERI L. HENNING THOMAS M. PLACE ROBERT E. RAINS Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 VERIFICATION I verify that the statements made in this Complaint are true and correct, to the best of my knowledge, information and belief. I understand that making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Allan M. Yohe, Plai~ff ALLAN M. YOHE, Plaintiff STAR L. SHOPP, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1N CUSTODY NO. 0o2- ~q~ CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Allan M. Yohe, Plaintiff, to proceed in foJma pauperis. I, Lily L. Cheung, Certified Legal Intern in the Family Law Clinic, for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. Date: Lily L. Cheung Certified Legal Intem THOMAS M. PLACE TERI L. HENNING Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ALLAN M. YOHE PLAIN I'IFF V. STAR L. SHOPP DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 02-892 CIVIL ACTION LAW : : IN CUSTODY AND NOW, Tuesday, February 26, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland Count~ Courthouse, Carlisle on Wednesday, March 20, 2002 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and ali 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/ facqueline M. Verney. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ALLAN M. YOHE, Plaintiff STAR L. SHOPP, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CiVIL ACTION - LAW IN CUSTODY NO. O~-Oqog.. CIVILTERM PROOF OF SERVICE I, Lily L. Cheung, hereby certify that I served a true and correct copy of the Complaint for Partial Custody on the defendant, Star L. Shopp, residing at 101 B West North Street, Carlisle, Pennsylvania, 17013, by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Star L. Shopp on the 26t~ day of February, as evidenced by her signature on the attached green card. ~ ~ Lily L. Cheung T~tOt(~S M. PLAICE ROBERT E. RAINS TERI L. I-I~NNING Supervising Attomeys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 Certified Fee · (Endomemem Require) k * ........... ALLEN M. YOHE, Plaintiff STAR L. SHOPP, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN CUSTODY : : NO. 02-892 CIVIL TERM PRAECIPE TO THE PROTHONOTARY: Please enter my appearance for Defendant Star L. Shopp in the above-captioned case. r Defendant BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, PA 17013 717/243-4574; FAX 243-8227 PaBar 06268 March 6, 2002 Lily L. Cheung, Legal Intern c/o Family Law Clinic 45 N. Pitt Street Carlisle, PA 17013 .~. LOrn ALLAN M. YOHE, Plaintiff V. STAR L. SHOPP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-892 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this '~'~'"day of ~~ '- consideration of the attach~ ~-'-~ody Conciliation Report, it follows: ,2002, upon is ordered and directed as 1. The Father, Allan M. Yohe, and the Mother, Star L. Shopp, shall have shared legal custody of Thomas Allan Yohe, bom June 23, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. Mother shall have primary physical custody of the Child. 3. Father shall have periods of supervised physical custody as follows: A. Beginning March 23, 2002 and continuing for four consecutive Saturdays, from either 9:00 a.m. to 12:00 noon or 1:00 p.m. to 4:00 p.m., at times as agreed by the parties. The supervisor shall be Father's sister, Kelly Shankle. B. Once four Saturdays of three hours each have been achieved, Father shall have supervised physical custody of the Child from 6:30 a.m. to 4:00 p.m. on alternating Saturdays, said Saturdays shall coincide with Mother's work schedule. The supervisor for the alternating Saturdays shall be the paternal Grandmother, Mary Shankle. C. During these periods of supervised custody, Father shall be responsible for performing all parental duties. 4. Father shall provide a letter to opposing counsel, through his counsel, from Mark Zengerle certifying that he successfully completed anger management classes while in prison, within two weeks of the date of this Order. 5. Father shall obtain a drug and alcohol evaluation as soon as practicable and follow any treatment recommendations contained therein. Father shall share the results of the evaluation and proof of compliance with the recommendations with all counsel. child. The parties shall share transportation as agreed by the parties. Father shall only contact Mother to discuss custody arrangements for the 8. Neither party shall do anything nor permit a third party of do 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. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for June 19, 2002 at 8:30 a.m. cc: Lily Cheung, certified legal intern Lucy Johnston-Walsh, Family Law Clinic, Counsel for Father John Broujos, Esquire, Counsel for Mother ALLAN M. YOHE, Plaintiff V. STAR L. SHOPP, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2002-892 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCI1JATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Thomas Allan Yohe DATE OF BIRTH June 23, 1999 CURRENTLY 1N CUSTODY OF Mother 2. A Conciliation Conference was held in this matter on March 20, 2002, with the following individuals in attendance: The Father, Allan M. Yohe, with his counsel, Lily Cheung, certified legal intern and Lucy Johnston-Walsh, Esquire, Family Law Clinic and the Mother, Star L. Shopp, with her counsel, John Broujos, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date io~dli;~oMn~i~iae~oty, Esqui ~/ JUN 2002 ALLAN M. YOHE, Plaintiff Ve STAR L. SHOPP, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-892 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ~_ day of ~~.~, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated March 22, 2002 is hereby vacated. 2. The Father, Allan M. Yohe, and the Mother, Star L. Shopp, shall have shared legal custody of Thomas Allan Yohe, bom June 23, 1999. Each parent shall have an equal right, to be exercised joint y with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited tO, all decisions regarding his health, education and religion. 3. Mother shall have primary physical custody of the Child. 4. Father shall have p~riods of supervised physical custody as follows. The supervisor shall be either Kelly Shankle or Mary Shankle. A. Beginning Sunday, June 30, 2002 and continuing for one day every weekend but alternating the days of Saturdays and Sundays. The Sunday times shall be from 9:00 a.m. to 5:00 p.m. The Saturday times shall be from 5:00 a.m. to 3:00 p.m. B. Such other times as the parties agree. C. During Father's periods of custody, Father shall be responsible for performing all parental duties. 5. Transportation shall be shared such that Mother will deliver the child to Father at the beginning of his period of custody and Father shall return the child to Mother at the conclusion of his period of custody, unless otherwise agreed by the parties. 6. Father shall obtain a drug and alcohol evaluation as soon as practicable and follow any treatment recommendations contained therein. Father shall share the results of the evaluation and proof of compliance with the recommendations with all counsel. 7. The Christmas holiday shall be shared such that Mother shall have the child until 12:00 noon every Christmas Day. Father shall have physical custody of the child from 12:00 noon until 7:00 p.m. 8. Thanksgiving, Easter and the child's birthday shall be shared as agreed by the parties. The parties shall discuss these holiday times at least one week in advance. 9. Mother shall have custody of the child on Mother's Day. Father shall have custody of the child on Father's Day, both between the hours of 9:00 a.m. and 5:00 p.m. 10. child. Father shall only contact Mother to discuss custody arrangements for the 11. Neither party shall do anything nor permit a third party of do 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. 12. The parties shall have liberal telephone contact with the child while the child is in the other parent's custody. 13. During Father's period of custody on Sundays, he shall insure that the child is exposed to some religious activity. 14. Neither party shall consume alcohol in the child's presence nor permit third parties to consume alcohol in the hfld s presence. 15. Neither party shall use profanity in the child's presence nor permit third parties to use profanity in the child's presence. 16. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms o~all control. dgar B. Bayley~-~ j. cc: Bryon R. Kaster, certified legal intern ~ . jLoUCh JB°rohnu;ot:,n'E sWqaluiSrhe,, FC oa niunlsYelLafoWr CMl thCe,r C o uns el for Father ALLAN M. YOHE, Plaintiff V. STAR L. SHOPP, Defendant PRIOR JUDGE: Edgar B. Bayley : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2002-892 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY JUN CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Thomas Allan Yohe DATE OF BIRTH CURRENTLY IN CUSTODY OF June 23, 1999 Mother 2. A Conciliation Conference was held in this matter on June 26, 2002, with the following individuals in attendance: The Father, Allan M. Yohe, with his counsel, Bryon R. Kaster, certified legal intern and Lucy Johnston-Walsh, Esquire, Family Law Clinic and the Mother, Star L. Shopp, with her counsel, John Broujos, Esquire. 3. A prior Order of Court was entered by the Honorable Edgar B. Bayley dated March 22, 2002 which provided for shared legal custody and Mother having primary physical custody with Father having periods of supervised visitation. 4. The parties agreed to the entry of an Order in the form as attached. Date ~emey, E~' Custody Conciliator ALLAN M. YOHE, Plaintiff 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW' IN CONTEMPT STAR L. SHOPP, Defendant : NO. 02-892 CIVIL TERM PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER AND NOW, Plaintiff/Petitioner Allan M. Yohe, by and through his attomey The Family Law Clinic, brings this Petition for Civil Contempt and avers the following in support of his Petition: The Plaintiff/Petitioner is Allan M. Yohe (hereinafter "Father"), who resides at 801 C South Market Street, Mechanicsburg, Pennsylvania 17055. The Defendant/Respondent is Star L. Shopp (hereinafter "Mother"), who resides at 8 Betty Nelson Court, Lot 145, Carlisle, Pennsylvania 17013. Father and Mother are the parents of Thomas Allan Yohe ("the child"), bom June 23, 1999. Father and Mother are subject to a Custody Order entered by Judge Edgar B. Bayley on July 3, 2002 ("Order"), a tree copy of which is attached to this petition and marked "Exhibit A". According to paragraph four (4) of the Order, Father shall have periods of supervised visitation with the child for one day every weekend but alternating the days of Saturday and Sunday. According to paragraph five (5) of the Order, Mother shall deliver the child to Father at the beginning of his period of custody. 7. Since August 4, 2003, Mother has refused to deliver the child to Plaintiff at the required times in accordance with paragraph four (4) of the Order. 8. According to paragraph eight (8) of the Order, Father and Mother shall share custody of the child on Thanksgiving at times agreed by the parties. The specific time of each parent's custody was to be determined one week in advance of the holiday. 9. Mother refused to comply with paragraph eight (8) of the Order by failing to discuss arrangements for custody, and failing to delivery the child to Father's custody on the Thanksgiving holiday. 10. According to paragraph eleven (11) of the Order, neither parent shall do anything that may estrange the child from the other party or hamper the free and natural development of the child's love or affection for the other parent. 11. Mother has violated paragraph eleven (11) of the Order by failing to deliver the child to Father for visitation. 12. According to paragraph twelve (12) of the Order, the parties shall have liberal telephone contact with the child while the child is in the other parent's custody. 13. Mother has violated paragraph twelve (12) of the Order by failing to provide Father with the child's telephone number after Mother and child changed residences. 14. Father has a strong desire to maintain a relationship with his child and Mother's refusal to comply with the Custody Order has interfered with Father's ability to maintain this relationship. 15. 16. Pursuant to Local Rule 206-2 (c), Plaintiff/Petitioner's counsel has contacted John Broujos, Esquire, Defendant/Respondent's counsel of record in this matter, to seek concurrence in this petition and was informed that Mr. Broujos no longer represents Defendant/Respondent in this matter. The best interests of the child require that the court grant Father's requests. WHEREFORE, Plaintiffrequests that this Honorable Court: 17. Hold Mother, Star L. Shopp, in contempt of court for violating the Custody Order of July 3, 2002; 18. Require Mother to make the child available to Father for compensatory time to make up for the wrongful deprivalion of his custodial time; 19. Require Mother to pay a $500 fine for contempt of the Court's Custody Order, pursuant to 23 Pa C. S. § 4346; 20. Such other relief as the court deems proper. Date Respectfully submitted, Alysi/a L. Hudock Certified Legal Intern THOMX§ IV{. PLA'CE ~ LUC, Y JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 VERIFICATION I verify that the statements made in this complaint are tree 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. lit ]l~¥ Date Allan M. Yohe f ALLAN M. YOHE, Plaintiff V. STAR L. SHOPP, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-892 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY ORDER OFCOURT AND NOW, this 3~.,~_ day of ~,~ ,2002, upon consideration of the attached Custody Conc{l-iatiton Report, it is ordered and directed as follows: 1. The prior Order of Court dated March 22, 2002 is hereby vacated. 2. The Father, Allan M. Yohe, and the Mother, Star L. Shopp, shall have shared legal custody of Thomas Allan Yohe, bom June 23, 1999. Each parent shall have an equal right, to be ex~mised jointly With the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 3. Mother shall have primmy physical custody of the Child. 4. Father shall have Periods of supervised physical custody as follows. The supervisor shall be either Kelly Shankle or Mary Shankle. A. Beginning Sunday, June 30, 2002 and continuing for one day every weekend but alternating the days of Saturdays and Sundays. The Sunday times shall be from 9:00 a.m. to 5:00 p.m. The Saturday times shall be from 5:00 a.m. to 3:00 p.m. B. Such other times as the parties agree. C. During Father's periods of custody, Father shall be responsible for performing all parental duties. 5. Transportation shall be shared such that Mother will deliver the child to Father at the beginning of his period of Custody and Father shall return the child to Mother at the conclusion of his peri6d of cUstody, unless otherwise agreed by the parties. 6. Father shall obtain a drug and alcohol evaluation as soon as practicable and follow any treatment recommendations contained therein. Father shall share the results of the evaluation and proof of compliance with the recommendations with all counsel. RECEIVED JUL - 8 7. The Christmas holiday shall be shared such that Mother shall have the child until 12:00 noon every Christmas Day. Father shall have physical custody of the child from 12:00 noon until 7:00 p.m. 8. Thanksgiving, Easter and the child's birthday shall be shared as agreed by the parties. The parties shall discuss these holiday times at least one week in advance. 9. Mother shall have custody of the child on Mother's Day. Father shall have custody of the child on Father's Day, both between the h . ours of 9.00 a.m. and 5:00 p.m. I 0. Father shall only contact Mother to discuss custody arrangements for the child. I I. Neither party shall do anything nor permit a. third party of do 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. 12. The parties shall have liberal telephone contact with the child while the child is in the other parent's custody. 13. During Father's period of custody on Sundays, he shall insure that the child is exposed to some religious activity. 14. Neither party shall consume alcohol in the child's presence nor permit third parties to consume alcohol in the child's presence. 15. Neither party shall use profanity in the child's presence nor permit third parties to use profanity in the child's presence. 16. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THECOURT, Edgar B. ~layley, cc: Bryon R. Kaster, certified legal intern Lucy Johnston-Walsh, Family Law Clinic, Counsel for Father John Broujos, Esquire, Counsel for Mother · ' ALLAN M. YOHE PLAINTIFF V. STAR L. SHOPP DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-892 CIVIL ACTION LAW IN CUSTODY ORDER OF COl[IRT AND NOW, Friday, January 23, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear betbre Jacqueline M. Verney, Esq. _, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, February 12, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an eftbrt will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children are five or older may also be present at the conference. Failure to avpear 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 hearin*,. FOR THE COURT, By: /s/ .[acqueline M. Verney, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TItlS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR'IH BELOW TO F1ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 171)13 Telephone (717) 249-3166 FEB 1 2 2004 ALLAN M. YOHE, Plaintiff/Petitioner V. STAR L. SHOPP, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : NO. 2002-892 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT · , ANDNOW, this ~(:~ dayof J'~'LLI.~" ,2004 u o ~co~n, smeration of the attached Custody Con-ciliation Report,~ed and a~*~n,~-~ -~ IOUOWS: U ...... ,-~vgtcu ck~ 1. The prior Order of Court dated July 3, 2002 is hereby vacated. 2. The Father, Allan M. Yohe, and the Mother, Star L. Shopp, shall have shared legal custody of Thomas Allan Yohe, bom June 23, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting e Chdd s general well-being including, but not limited to, all decisions regarding his health, education and religion. 3. Mother shall have primary physical custody of the Child. 4. Father shall have periods of partial physical custody as follows. A. Beginning Saturday, February 14, 2004 and continuing for one day every weekend but alternating the days of Saturdays and Sundays, from 10:00 a.m. to 6:00 p.m. for four consecutive weekends. These periods shall be supervised by Kelly Shankle. B. Beginning March 13 and 14, 2004, Father shall have periods of unsupervised partial physical custody on alternating Saturdays and Sundays from 10:00 a.m. to 6:00 p.m. C. During Father's periods of custody, Father shall be responsible for performing all parental duties. 5. Transportation shall be shared such that the receiving party shall transport the Child. Father need not have a supervisor in the car during transportation. 6. Thanksgiving, Easter and the Child's birthday shall be shared as agreed by the parties. The parties shall discuss these holiday times at least one week in advance. 7. Mother shall have custody of the Child on Mother's Day. Father shall have custody of the Child on Father's Day, both between the hours of 9:00 a.m. and 5:00 p.m. the Child. Father shall contact Mother's Father to discuss custody arrangements for 9. Neither party shall do anything nor permit a third party of do 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. 10. The parties shall have liberal telephone contact with the Child while the Child is in the other parent's custody. 1 I. Neither party shall consume alcohol in the Child's presence nor permit third parties to consume alcohol in the Child's presence. 12. Neither party shall use profanity in the Child's ,,res ..... parties to use profanity in the Child's presence, v ,.-~ nor permit third 13. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Edgar B. Bayley, j. cc: Alysia Hudock, certified legal intern Lucy Johnston-Walsh, Family Law Clinic, Counsel for Father Star L. Shopp, pro se 77 Betty Nelson Court Lot 140 Carlisle, PA 17013 ALLAN M. YOHE, Plaintiff/Petitioner STAR L. SHOPP, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2002-892 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. .CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: ~)ate NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Thomas Allan Yohe June 23, 1999 Mother 2. A Conciliation Conference was held in this matter on February 12, 2004, with the following individuals in attendance: The Father, Allan M. Yohe, with his counsel, Alysia Hudock, certified legal intern and Lucy Johnston-Walsh, Esquire, Family Law Clinic and the Mother, Star L. Shopp, pro se. 3. A prior Order of Court was entered by the Honorable Edgar B. Bayley dated July 3, 2002 which provided for shared legal custody and Mother having primary physical custody with Father having periods of supervised visitation. 4. Father filed a Petition for Contempt alleging Mother had failed to deliver the Child to Father for his supervised visits. Father had been incarcerated from January to August, 2003 and Mother maintained that she did not know where Father was living after his release. Mother was concerned with the Child not seeing Father while in prison Mother also indicated that Father mentioned relinquishing his parental rights. Thereafter, both parties moved and Mother did not and currently does not have a telephone. The Conciliator finds that Mother did not intentionally disregard the prior Court Order. The parties agreed to the entry of an Order in the form as attached. ~ac~e. lin_e M..Verney, Esquire ~ custody Conciliator