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Home My WebLink About05-5228 WENDY S. SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW fJ j -:.. S;;l .J. l' CIVIL TERM BRAD YOST AND TESS YOST, Defendants IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Wendy S. Smith, by her attorneys, Irwin & McKnight, and presents the following Complaint for Custody. 1. The Plaintiff, Wendy S. Smith, is an adult individual with an address of 4218 Carlisle Road, Gardners, Cumberland County, Pennsylvania 17324. 2. The Defendant, Brad Yost, is an adult individual with an address of 105 Rustic Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The Defendant, Tess Yost, is an adult individual residing at 20 Schoolhouse Road, Gardners, Cumberland County, Pennsylvania 17324. .. 4. The Defendants, Brad Yost and Tess Yost, are the natural parents of two (2) children, namely, Macala Marie Myers, born April 18, 1998, and Tristen Denise Myers, born April 5, 2001. 5. The Plaintiff, Wendy S. Smith, is the mother of the Defendant, Brad Yost, and the paternal grandmother of said minor children. 6. The minor children have resided with the Plaintiff intermittently since October 2004. 7. The minor child, Macala Marie Myers has attended school in the Carlisle Area School District at the Plaintiff's address since the middle of October 2004. 8. The Plaintiff desires that the parties have shared legal custody of the minor children, Macala Marie Myers and Tristen Denise Myers. - 9. The Plaintiff desires primary physical custody of said minor children, with periods of temporary physical custody to Defendants as the parties can agree. 10. The best interests and permanent welfare of the minor children requires that the Court grant the Plaintiff's request as set forth above. WHEREFORE, the Plaintiff, Wendy S. Smith, respectfully requests that she be awarded primary physical custody and shared legal custody of Macala Marie Myers and Tristen Denise herein. Myers, as provided herein, with periods of temporary physical custody to Defendants as provided Respectfully submitted, By: Mar s A. Me t, III, Esquire Att mey for Plaintiff 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: October 5, 2005 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. J.) e. j\l I:) l/ S, S M" + It WENDY S. -SMITH Date: October 5, 2005 D -.. ~ - ~ ""0"" \t:: <.I'! c) ~'.> \) s-- ~, ~ -D ~ ~ ~:-.. ::::::::, ~ (") \.}-) """ ::J c~- s- -\ 1'-:) ~-,~~ .:...._f\ c:) C -) .-I , (..J1 /~ ~ o -\1 --T' ~".. ~ en U) WENDY S. SMITH PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-5228 CIVIL ACTION LAW BRAD YOST AND DEFENDANT TESS YOST IN CUSTODY ORDER OF COURT AND NOW, Wednesdll.l'LOctober 12,~.()O~__._, upon consideration of the attached Complaint, it is herehy directed that pmiies and their respective counsel appear before Hubert X. Gilroy, Esq. at .. 4tb Floor, Cumberland County.~ourtl1()_u~~L<::~rli""'-- on Tbursday, Nove~l>.~~ 03,10.!l_5.""". , the conciliator, at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an cffort will be made to resolve the issues in dispute; or if this cannot be accomplished. to dellne and narrow the issues to be heard by the court, and to enter into a temporary order. All children age llve 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 pnrties to furnish any and nil existing Protection from Abuse orders, Specinl Relief orders, nnd Custody orders to the conciIintor 48 hours prior to scheduled benrin!!, FOR THE COURT. By: /s/ Hubert X Gilrov. Esq. Custody Conciliator pi\ 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 ofllee. All arrangements must be made at least 72 hours prior to any hearing or business befi.lJ"e the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE 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 Bedt(lJ"d Street Carlisle, Pcnnsylvania 17013 Telephone (717) 249-3166 ~~;n5 ~~~/ ~ ~ i' P"fr- ;r~ ~J" ~;Z ~ ~ -/'P 5e?- e/-o/ JC7. C'/ 17/ Yc? . C/ (j'/ > ) J ~ , ~"i/\:n:) , J<'- 6 '1 :S H d Z I .I JO SDUl ::0 WENDY S. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. DOMESTIC RELATIONS SECTION CIVIL ACTION - Custody BRAD YOST, TESS YOST Defendants 05-5228 PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of the Family Law Clinic on behalf of Brad Yost, a Defendant, in the above captioned matter. October 28, 2005 ~~~ Robert Lascher Certified Legal Intern . . (----, 2 '. l~ J1 /1 l.~~'Y . PLACE ROBER .RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 -J WENDY SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION-LAW : DIVORCE BRAD YOST AND TESS YOST, Defendants : NO. 05 - 5228 CIVIL TERM CERTIFICATE OF SERVICE I, Robert Lascher, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy ofthe Praecipe to Enter Appearance on Marcus McKnight, Esq., 60 West Pomfret Street, Carlisle, P A 17013-3222, by depositing a copy of the same in the United States mail, first class, postage prepaid. Service was complete upon mailing pursuant to Pennsylvania Rule of Civil Procedure 440(b), on the 28th day of October, 2005. &f~ Robert Lascher Certified Legal Intern . u.Jc~~ A M. PLACE RO RT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ....> co c-' ,ro ~ q ~- \ N ~ -:::;:l _.:l_-rl rl'1F -:ZCJ .)'1: ;;~U, :-":'.1.(4\ ';::...\ .". <.0 :< -0 ...." .r;-- c;::! '-'" RECEIVED l;Qi 07 Z005 ~i1\ J- WENDY S. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 05-5228 CIVIL ACTION - LAW BRAD YOST and TESS YOST, Defendants IN CUSTODY ORDER OF COURT AND NOW, this ~ day of November, 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Brad Yost, and the Mother, Tess Yost, shall enjoy legal and physical custody of Macala Marie Myers, born April 18, 1998, and Tristen Denise Myers, born AprilS, 2001. 2. The parents may delegate as they determine physical custody of the minor children to other individuals, the Court noting that currently physical custody is with the Maternal Grandparents, James and Tonya Myers. However, the natural parents shall control the physical custody situation and make the determination as to any individuals who will have physical custody of the minor children. 3. The Paternal Grandmother, Wendy S. Smith, shall enjoy periods of visitation which shall be alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. unless another time is agreed upon by the parties. The Paternal Grandmother shall handle all exchange for transportation unless agreed otherwise between the parties. It is noted that the Paternal Grandmother is expected to be flexible with respect to any changes in this schedule as a result of obligations of the children, or as a result of social or other events of the parents that would require a modification of the schedule. Additionally, the parties shall arrange for the Paternal Grandmother to have a fair amount of time on major holidays and on the children's birthdays or days around the birthdays as agreed upon by the parties. 4. In the event any party is dissatisfied with this Order and an agreement cannot be reached by the parties, any party may petition the Court to have this case again scheduled with the Custody Conciliator. Cc: vM3rcus A. McKnight, III, Esquire VStudent Attorney Robert Lascher .~ vMs. Tess Yost / Judge "">-. [.1-; ~" \~.-; u/;:: ~~? (-~: ~~)~~.) ....."r' o.j0: ~u..J u...-r- F Lt_ o N -::I" L_ ,-" c::> , [~ loP:' CO' (:.:;J c-" .".) U WENDY S. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. OS-S228 CIVIL ACTION - LAW BRAD YOST and TESS YOST, Defendants IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent infonnation pertaining to the children who are the subject of this litigation is as follows: Macala Marie Myers, born April 18, 1998 Tristen Denise Myers, born April S, 2001 2. A Conciliation Conference was held on November 3, 2OOS, with the following individuals in attendance: The Paternal Grandmother, Wendy S. Smith, with her counsel, Marcus A. McKnight, Esquire The Mother, Tess Yost, who appeared without counsel The Father, Brad Yost, with his counsel, Student Attorney Robert Lascher 3. The parties agreed to an entry of an Order in the fonn as attached. Date: ( f - 5 - OS~ ~