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HomeMy WebLinkAbout94-05334 I" " (I c ~ -7 c s ~ \ ''') ,,/ ;,' ,; " " , ' " ,I' ;(! / ~ ~ N) CY) lr) " .~ c-;. n 1- "'- - Q .t t .... - ~ -rJ ~~ ~ 4 j..~ ~ :w: ' . ~ ., , C->f , . -1,- r;:! ,,~ ;'" (") 1;) ~ I ~ en ~ ~ -- ,'" ~ Q .~ " , 'J' A ,~ "\ ~ " " , I . r. . . .. . . JODI L. YOHN, I IN THE COURT OF COMMON PLEAS I CUMBF.RLAND COUNTY, PENNSYLVANIA plaintiff I I riLl - S ~,J'I {', ,;( _1.c ""''J v. t NO, I DENNIS F. YOHN, I I t Defendant t CIVIL ACTION - CUSTODY ORDIR or COURT AND NOW, this upon consideration of the directed that the parties " I { before '", "L'" at ,<'1 ~ {\/ If)~ ')j L".,y"r , on the ') I,ll. day of I) { \" b, , , 1994, at Jt-.m., 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 s~l (may) also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. (' It.. ;)/',1 day of ",JI"fI.fY(ll, 1994, attached complaint, it is hereby and their respective counsel appear IIIl,lt.., 1"1/ , the conciliator, FOR THE COURT, By: YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT AMNINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 TELEPHONE: (717) 240-6200 ,;'j'P\)fJi~~-,h'lWl -If''I-~_tJ''itnn.Hil'~1Yl~M)p.tJl~f-!!j II,(,T: i~1 r , ' $fP lZ 8 lS flH IS~ , ! 1.11 '::!llj' 1'1 II 1\ ':;'ltf;f ; I :jI~ ~l ", ;""" ~ '..I _" ",'II r . r l ~ )'.'1 I I. ", ,I )';1 ,I ,.J.'I ;.1." " " , , " , , I, ," " ,I Ii "1 , " II , I ,,' , , '~- . '-I'J~t_!JU,j~r,ftt'I'~.-\~~-"-"-P"'-H' ;~ ' ,-I ~ , ", ,'I .. " .. , . " , , " ~ '.. . -~._. '. , ' . . During the past ten years the children have resided with following persons and at the following addresses: (1) from April, 1983, to January, 1991, at 2701 Mill Road, Grantham, Pennsylvania with both Plaintiff and Defendant. (2) from January, 1991, to June 15, 1994, at 115 Willow View Drive, Carlisle, Pennsylvania with both Plaintiff and Defendant (3) from June 15, 1994, to present at 115 Willow View Drive, Carlisle, Pennsylvania with Defendant. The mother of the children is the Plaintiff, JODI L. YOHN, whose permanent address is 115 willow View Drive, Carlisle, Cumberland County, Pennsylvania. she is presently married to Defendant. The father of the children is the Defendant, DENNIS F. YOHN, currently residing at 115 Willow View Drive, Carlisle, Cumberland County, Pennsylvania. He is presently married to Plaintiff. 4. The relationship of Plaintiff to the children is that of biological mother. The Plaintiff currently resides with her sister at 1110 Apple Drive, Mechanicsburg, Cumberland County, Pennsylvania. 5. The relationship of Defendant to the children is that of biological father. The Defendant currently resides with the children at 115 Willow View Drive, Carlisle, Cumberland county, Pennsylvania. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. . .' JODY L. YOHN, I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA PlainUtr I t v. t NO. 94-5334 Civil Term t DENNIS F. YOHN I t Defendant t IN DIVORCE CIRTI.ICATI O. 81RVICI I, Thomas M. Kutz, Esquire, do hereby certify that I served a true and correct copy of the Complaint for Custody and Order ot Court setting a concilation conference for the above captioned matter on the Defendant, DENNIS F. YOHN, by depositing a copy of the same in the united states mail, certified, restricted delivery, return receipt requested and postage prepaid. The return receipt bearing the Defendant's signature and showing a delivery date of September 27, 1994, is attached. ----------.j, / / ..-'--- " t. / ,- / . 1/ 1.' <"~~-(""'l. /1~.;-:'''' Thomas M. Kutz~ Esquire, Attorney for Defendant 219 East Main street Mechanicsburg, PA-.17055 Attorney I.D. NO. 38887 date:. ,-<';; 6, /,>-",.y . , NOV 0 1 199,~c... ,! ) IN THB COURT OF COHHON .JODI L. YOHN, Plaintiff ) PLEAS OF CUHBERLAND ) COUNTY, PENNSYLVANIA VI. ) I NO. 94-5334 CIVIL TERM DENNIS F. YOHN, ) Defendant ) CUSTODY AND NOW, this ~ OlDY 11 day of Nrv: , 1994. upon receipt of the conciliator'a report, it appearing that the parties have agreed to the terlls and provisions of thlS order which was dictated in their presence and approved by them and their counsel, we herebY order as follows: 1, Legal custody of the ~inor chlldren, Taryn Yohn. born .June 7, 1982, and Joden Yohn, born .June 23, 1984. shall be shared by their parents, the Plaintiff, .Jodi L. Yohn, and the Defendant, Ilennis F, Yohn. 2, The parents shall share physical custody of the children on the following schedule, pending further order of this court: A, The children shall be with the mother from 5:00 p.m, on Sunday, October 30, 1994. through 5:00 p,m. on Sunday, Nove~ber 6. 1994. B. The father shall then have the children from 5:00 p.m. on Sunday, Novellber 6, 1994. through 5:00 p.m, on Sunday, November 13, 1994. C, The parties will alternate physical custody of the children on a week-to-week basis thereafter with the exchange to be at 5:00 p.lI. on Sunday. D. For the Christllan holiday of 1994, the Mother, who will have physical custody on Sunday. Dec:eRlber 25, 1994, wi 11 return the children to the father at 3:00 p.m. that day to co"",,ence his week with the children. 1 .JODI L. YOHN, ) IN THB COURT OF COKMON Plaintiff ) PLBAS OF CUMBBRLAND ) COUNTY, PBNNSYLVANIA vs. ) ) NO. 94-~334 CIVIL TBRM DBNNIS F. YOIIN, ) Deflmdant ) CUSTODY .JUDGE PRBVIOUSLY ASSIGNBD: None CONCILM1!m_QlNPIlRJlN~!!n!.\!HHM!!. IBfQlT IN ACCORDANCB WITH CUMBBRLAND COUNTY RULE OF CIVIL PROCBDURE 1915.3-8Ib), the undersigned Custody Conciliator submits the following report: 1. The pertinent inforlllation concernin'l the children who are the subject of this' , , litigation is as follows: NAME BIRTHDA1'E CURRENTLY IN CUSTODY OF Taryn Yohn .Joden Yobn '/ June 1982 23 June 1984 Defendant/Father Defendant/Father 2. A Conciliation Conference was held on 26 October 1994 and the following "individuals were present: the Plaintiff and her attorney. Thomas M, Kutz, Esquire; the Defendant and his attorney. Cara Boyanowski. Esquire. 3, Items resolved by il'lreement: Shared legal custody and a telllporary order. 4. Issues yet to be resolved: Primary physical custody, which is requested by both parties, and a custody schedule, 5. 'fhe Plaintiff's position on custody is as follows: 'fhe mother wants prilllary physical custody and believes the children will be better with her. 6. The Defendant's position on custody is as follows~ The father wants priMary physical custody and believes the children are better off with hiM, 7. Need for separate counsel to represent children: the conciliator sees no need for independent counsel tor the children and neither party made such a request to the conciliator. 8. Need for independent psychological evaluation or counseling: the conciliator sees no specific need for independent counseling and neither party requested it, 9, Other matters and COMments: The parties separated in June of 1994 when the mother left the hOlle. The children have been with the tather since then but apparentiy have had liberal time with both parents. 'file parties acknowledged, at the very beginniny ot our conference, that each party was fit to care for the children and that neither of thelll had any reason to Challenge the fitness of the other. Although lhey had some dllticulty communicating at our conference, they did both say they were able to communicate effectively about the children and I believe that trom whitt ( saw. 'fhe parties agreed to a telllporary order in which they share physical custody of the children on a week-to-week basis. I persuaded them to try lhat until a hearing could be held with the hope that tlley could work out a permanent custody plan from tile start. The teMPorary order gets lhe parties throuqll the end of the year. Hopefully, by January. the parties will see if tllis shared custody arrangement works and will either agree to extend it or negotiate a lIoditication of it whicll will satisfy tllell. vs. ) ) ) ) ) ) ) IN THB COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 94-5334 CIVIL TERM CUSTODY JODI L. YOHN, Plaintiff I' :DBNNIS F. YOHN, Defendant I I' I " ORDU il AND NOW, this day of , 1994, upon receipt of the conciliator's report, it appearing that the parties have agreed to the terms and provisions of this order which was dictated in their presence and approved by them and their counsel, we hereby order as follows: l. Legal custody of the minor children. Taryn Yohn, born June 7, 1982, and Jaden 'iYohn, born June 23, 1984, sball be shared by their parents, the Plaintiff, Jodi L. Yohn, and the Defendant, Dennis F. Yohn. 2. The parents shall sbare physical custody of the children on the following schedule, pending further order of this court: A. The children shall be with the mother from 5:00 p.m. on Sunday, October 30, 1994, through 5:00 p.m. on Sunday, November 6, 1994. B. The father shall then have the children from 5:00 p.m. on Sunday, November 6, 1994, through 5:00 p.m, on Sunday, November 13, 1994. C. The parties will alternate physical custody of the children on a week-to-week basis thereafter with the exchange to be at 5:00 p.m. on Sunday. D. For the Christmas holiday of 1994, the mother, who will have physical custody on Sunday. December 25. 1994, will return the children to the father at 3:00 p,m. that day to commence his week with the children. 1 t , , " " , " ~f,~.\3'\tl '" " . - . ~ JODI L. YOHN, t IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff I t CIVIL ACTION - LAW v. t t NO. 94-5334 civil Term DENNIS F. YOHN, I t Defendant I CUSTODY CU8TOf; ORDIR AND NOW, this l '> day of , 1994, upon consideration of stipulation of JODI L. YOHN, hereafter refered to as the Mother, and DENNIS F. YOHN, hereafter refered to as the Father, concerning the custody of their minor children, Taryn Yohn, born June 7, 1982, and Joden Yohn, born June 23, 1984, the following Custody Order is entered: 1. Legal custody of the both children shall be shared equally by the Mother and Father. 2. The Father shall have primary physical custody of both children. 3. The Mother shall have visitation and/or partial physical custody rights to the children as follows: a. on alternating weekends from Fridays at 5:00 p.m. to Sundays at 5:00 p.m. beginning with the weeKend of December 16th through December 18th, 1994, b. during the weeks following the Father's wee.kend custody the Mother shall be entitled to a mid-week visit from 5:00 p.m. to 8:30 p.m.; the day of the week for such mid-week visits shall be determined by the Mother and Father no later than 7:00 p.m. on the Sunday preceeding said visits. 4. Physical custody of the children for Christmas 1994, shall be shared as the parties agree; the Mother, neverless, shall have physical custody of the children for no .. . le.. than four consecutive hours during the hOliday. 5. The Mother and Father shall permit reasonable telephone oontact between the children and the non-custodial parent. 6. The Mother and Father shall notify the other of all medical care either child receives while in that parent's custody. Each parent will notify the other immediately of medical emergencies which may arise while the children are in that parent's care. 7. The Mother and Father shall, at the end of their children's 1994-1995 school year, determine an appropriate oustody arrangement for their children's summer vacation from school. 8. The Mother and Father, by mutual agreement, may vary from this agreement at any time but this Order shall remain in effect until either parent petitions to have it modified or changed. By the Court: J. , r;<" ....) ...:..:. (..,:; \.:.. ;.... ;,J;:.: - <.0 .J:- .... JODI L. YOHN, I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff I I CIVIL ACTION - LAW v. I I NO. 94-5334 civil Term DENNIS F. 'lOHN, I t Defendant t CUSTODY 8TIPULATIOH or PARTII8 RIGARDIHG CU8TODY THIS STIPULATION, is made this I',?-\h day of December, 1994, between JODI L. YOHN currently of Mechanicsburg, Cumberland County, pennsylvania, hereafter referred to as Mother and DENNIS F. YOHN of Carlisle, Cumberland County, Pennsylvania, hereafter referred to as Father. The Mother represented by Thomas M. Rutz, Esquire, the Father represented by Cara Boyanowski, Esquire. WHEREAS, the above-named Mother and Father had born to them the following children on the following dates: TARYN YOHN born: 7 June 1982 JODEN YOHN born: 23 June 1984 WHEREAS, the Mother and Father having attended a concilation conference on October 26, 1994, before Samuel L. Andes now desire to enter into an Agreement as to the custody of their children and to the visitation or partial custody rights of the non- custodian parent. NOW THEREFORE, to effectuate this desire, the Mother and Father hereby agree to the entry of an Order providing the following: ~ 1. Legal custody of the both children shall be shared equally by the Mother and Father. 2. The Father shall have primary physical custody of both children. 3. The Mother shall have visitation and/or partial physical custody rights to the children as followsl a. on alternating weekends from Fridays at 5tOO p.m. to sundays at 5:00 p.m. beginning with the weekend of December 16th through December 18th, 1994, b. during the weeks following the Father's weekend custody the Mother shall be entitled to a mid-week visit from 5100 p.m. to 8:30 p.m.; the day of the week for such mid-week visits shall be determined by the Mother and Father no later than 7100 p.m. on the sunday preceeding said visits. 4. Physical custody of the children for Christmas 1994, shall be shared as the parties agree; the Mother, neverless, shall have physical custody of the children for no less than four consecutive hours during the holiday. 5. The Mother and Father agree that reasonable telephone contact between the children and the non-custodial parent will be permitted. 6. The Mother and Father agree that each will notify the other of all medical care either child receives while in that parent's custody. Each parent will notify the other immediately of medical emergencies which may arise while the children are in that parent's care. 7. The Mother and Father agree that at the end of JODI L. YOHN, Plaintiff IN 'I'HI': COURT OF COMMON PLEAS OF CUMBI':RLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-53]4 civil Term v. DENNIS Y, \lOHN, Defendant CUSTOD\I CUSTODY ORDIlR AND NOW, this I l (I, day of ;.. ...., ".............. , 1994, upon consideration of stipulation of JODI L. YOHN, hereafter retered to as the Mother, and DI':NNIS F. 'iOHN, hereafter refered to as the Father, concerning the custody of their minor children, Taryn'iohn, born June 7, 1982. and Joden \lohn, born June 23, 1984, the following custody Order is entered: 1. Legal custody of the both children shall be shared equally by the Mother and Father. 2. The Father shall have primary physical custody of both children. 3. The Mother shall have visitation and/or partial physical custody rights to the children as follows: a. on alternating weekends from Fridays at 5:00 p.m. to Sundays at 5:00 p.m. beginning with the weekend of December 16th through December 18th, 1994, b. during the weeks following the Father's weekend custody the Mother shall be entitled to a mid-week visit from 5:00 p.m. to 8:30 p.m.; the day of the week for such mid-week visits shall be determined by the Mother and Father no later than 7:00 p.m. on the Sunday preceeding said visits. 4. Physical custody of the children for Christmas 1994, shall be shared as the parties agree; the Mother, neverless, shall have physical custody of the children for no _-"I.: ... .' '1,) ,~,"r ".v "".-1"-'",.<!IHi ...,..-,~".,' ", 'Ji ., Autl ZI 3 a,1 r~ '11 1,-1 {' 1'1 f IO~ ,,\1111': r~hV I.t, tt l~j' I J:, t Y " l't',!; ,/l.li1f. ,,' '" , I " I ,I I, I" d I I " Ii I' , pll,' ",I,-P,' '1.-, ,. 'i,;' . ,I , ~\ , , I .. .' .. ~_.-- SEP L.:J I.,~" ~ JODI L. YOHN, ) IN THE COURT OF COMMON Plaint! ff ) PI,BAIl OF CUMBERLANIl ) COUNTY, PENNS Yl,v AN I A VB. ) ) NO. 94-5334 CIVIL 'rERM DENNIS F. YOHN, ) Delend,lnt ) CUWrODY '"" N<N "I'};(~ 0' p ~.Q.UIlT , 1995, a hearing is hereby scheduled in I the above matter to be held in Court Room No. 2_ o( the cumberland cO~lty Court House in CarliBle, Pennsylvania, commendnq at __'1._,2.1/__.. o'clock !J;m., on !f~;',1/(~0~(j-',~, 2. 'IV !. the _ ' 'I _day ot__1.E7'_': !!_4!_L-:'__, 1 <J95. !I Counsel tor e,lch ot the parties in directed to till! with the Court and 5.~rve llpon i' opposing eoullsel, at leolBt twenty (20) days l,rior to the datI> ot the hearing, a list of witnesses they intend to call at tlll! hearinlJ, which list uhall indlldf> the name, address. daytime and home phone numbl~r ot the wi tnes5, and a <}(!ner,ll 51l1nmary o( the nature of the witnes5'5 te5timony. If either party intend5 to eall a p5ychololJist or other expert witness. they shall provldn to the other party, through their counsel, the (ollowing information at least twenty (20) days prior to the hearing: (a) The name, address, and daytime telephone number of the expert w itnesB; (b) A list of the expert's qualifications; and 11 II I (Q) ~ written report of the oxpert's findingB in the case, specificallY including any reCOmllll!l\l\ationll he or Illle will make to tho court and any conclusions drawn (rom tho expllrt'B work. T~o~as Kutz, Esquire Attorney for Plaintiff - c....~ ~l-...l ,j.;t7!<f5- / L> (I, ' Robert MUlderig, Esquire I,~ttorney for Dafen~ant I' '-" ., ~ 'I'.) ell' " '., - - ",,--; '" VI 4..'" :.:~.:. ~ , .' I.. .:.1" .' sla J. JODI L. YOHN, ) IN THB COURT OF COMMON Plainti ff ) PI,EAIl OF CUMBERLANIl ) COUNT'i, PENNSYLVANIA VI;. ) ) NO. 94-5334 CIVIl, 'rERM I DENNIS F. YOHN, ) Defendant ) CUSTODY , i, JUDGE PREVIOUSLY I. ,I " ASSIGNED: T~e Honorable George E. Hoffer l;Q.Iir.IlJJ~TOR CONl'B!lt~r.!U.U~~RY !l~QJ~'l' IN ACCORDANCE WITH CUM8ERLAND COUN'ry RULE Of' CIVIl, PROCEDURE 1915.3-8(b), the ! undersigned CUlIlody Conciliator lIubmltll the following report: 1. The pertinent information coneernlng the children who are the subject of thiB litigation is as followlI: NAME m'l'_~lll\.'!'ll CURRENTI,Y IN CUSTODY. OF Delendant/Father Defendant/Father . Taryn Yohn Joden Yohn 7 June 1982 23 June 1984 2. A Conciliation Conference was held on l2 September 1995 and the following individuals were present: the Plaintiff and her attorney. Thomas Kutz, Esquire; the Defendant and hill attorney. Robert Mulderlq, Esquire. 3. Items resolved by agreement: None 4. Issues yet to be resolved: Legal custody. primary physical custody, and a custody sehedule. 5. 'rhe Plalntlff's pCHlition on custody is as follows: The mother claims that she allowed the father to have primary physical custody of the children in December of 1994 only because she did not, at that time. hdve d sultabll! place for till,"! to live. She has corrected that problem and is now livinq with her brother In a 4-bedroom house in Meehanicsburq where each of the children would have their own bedroom. She also claims 1 i' that the older child has a stronlJ prel~rence 10 re81do with her. Finally, nhe contends I th,lt the father and hpr nHW ljlritrillllll al'l! not Iu'ol)(lr pOlrenls lor the children. 1\. The Delend;IIII's Illlsitlon IlII l'uIIl.ody is ;\s lollows: The lather contends thilt I :1 the pr~sent order IIhould re"~in hpl'aullu Ih~ molher cannot propurly control and care (or i, thp children. He dilimB Bill: lIo1d 0111 opportunity to do Ih;\1. prior to the December, 1994, order and simply conld nol do II. 7. Nel:d lor Bellill'illl' l'ounnel 1.0 l'I'prr!/H'nt children! the concili;ltor sees no need lor indl'pendelll connn,d for tlll' cll i I dr~n ilnd lie i I hur pOlrt y mold(' HIICh ., rp.quest to the conc1liiltor, 8. Need (or independp.nl. psycholo,!icOII t'v,tluOItlon or coulIlleling: the conciliator seen no specilic need lor independent counBellnlJ and neither party requested it. 9. Other matters ilnd comments: One potl!ntlill problem in the COlS" iB the school dintrict lor the children. They currently attend the Cllmherland Valluy School Dintrict but will have to change school districtu next year II they continu" to reBide with the lather at his lJirllriend's home. The mother residen in the CumberlOlnd Valley School DiKtrict but, because of her location, the children would hilV!: to chanlJe Kchools within the school district by next 'September il they lived with hur. l' was able to mak" no headway in negotiating a settlement of the case because of the extreme bitterneHs ilnd hOBti lity of the parties. I am afraid a hearing will be neces8ary. I have prepar"d an ord"r RchpdllllnlJ a hearing so that the court can do that 2l September 1995 ue J". AndeB Custody Conciliator 2 JODI L. YOHN, ) IN THB COURT OF COMHON Plaintiff ) PLEAS OP CUHBBRLAND ) COUNty, PENNSYLVANIA VB. ) ) NO. 94-~334 CIVIL TBRH DENNIS P. YOHN, ) Defendant ) CUSTODY OIlDn OF COURT AND NOlI this day of , 1995, a hearing iB hereby scheduled in the above matter to be held in Court Room No. __ of the Cumberland County Court House in carliBle, PennBylv8nia, commencing at o'clock _.m., on -' the day of -' 1995. CounBel for each of the partieB is directed to file with the Court and Berve upon , opposing counsel, at least twenty (20) daYB prior to the date of the hearing, a list of witnesBes they intend to call at the hearing, which list shall inclnde the name, addreBs, daytime and home phone number of the witness, and a general summary of the nature of the vitnesB'B teBtimony. If either party intends to call a psychologist or other expert witness, they shall provide to the other party, through their counsel, the following information at leaBt twenty (20) days prior to the hearing: (a) The name, address, and daytime telephone number of the expert witnesB; (b) ^ liBt of the expert's qualifications; and ?i; 0"" .. l' '" ,Ii . ~ .I~ L) '. I l .~f ~ " t.... , :~i ), ' .' ';- rrf' ,", 'Jl I,,; fl.1 I ." 'I'll I" '"I ,~ -' II. on \' 0 (J> '_J "rJl'U"~ 1\/11) ;. :iJ7"mlfl.j fj", 'l;,,,,/,/ " /1.1 I, ,I.IJI ' /l T I 11./. .' I, ~., ,\ In', 11.1 I 1 ':"j~III~_MAH',!\!'/.tl I ^ 1/')11 'II /.11 14t"~1 ) "/J'N ~ 'J/; /.;j j J 5 "- ~ .. - < w ~ _ ..J ~ . ~ .. Gi < .. ~ - > l/I 0 ~ w z .. I'l i ~ ;: l/I r;- :r Z " 0 < - 1= W :r " ~ < /IJ ~ ;: <Jl ..llN I " P.d I I . JODI L. YOM, I IN THI COURT or COMMON PLIAS plaintiff I CUMBIRLAND COUNTY, PINNSYLVANIA I Y. I NO. 94 - 5334 CIVIL TIRM I DIDIS r. YOHH, I CIVIL ACTION - LAW Defendant I CUSTODY ACTION PITITION TO MODIry CUSTODY ORDIR TO THE HONORABLI JUDOIS or SAID COURT I 1. The Plaintiff is Jodi L. Yohn who lives at 3 Donald Street, Mechanicsburg, Cumberland County, PA 17055. 2. The Defendant is Dannis F. Yohn who lives at 8 Meadowview Drive, Carlisle, Cumberland County, PA 17013. The Plaintiff seeks to Modify the Order dated November 2, 1994 by incorporating the actually current custody arrangement which is that Plaintiff has primary physical custody of both of her children, subject to Defendant's periods of temporary physical custody. Respectfully submitted ~D,~ Thomas D. Gould, Esquire ID #36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 Fax 761-1974 NOV 0 1199+ cl~ , I " I ,JODI I " I VI. ) ) ) ) ) ) ) IN THE COURT Of COMMON PLEAS Of CUHBERLAND COUNTY, PENNSYLVANIA L, YOHN, Plaintiff II ;:: DENNIS f. YOHN, Defendant II II I: 1 i: II I I !:conciliator's report, it appearing that the parties have agreed to the terms and " " NO. 94-5334 CIVIL TERM CUIlTODY QMD.BR AND NOW, this rJ. ~ day of -n 6V" . , 1994, upon receipt of the " ::provisions of thiB order which waB dictated in their presence and approved by them and , their counsel, we hereby order as folloWB: 1. Leqal cUBtody of the Minor children, Taryn Yohn, born June 7, 1982, and Joden iiYohn, born June 23, 1984, shall be Bhared by their parentB, the Plaintiff, Jodi L. iiYOhn, and the Defendant, Dennis P. Yoho. 2. The parents shall share physical cUBtody of the children on the following 'schedule, pending further order of this court: A. The children shall be with the Mother from 5:00 p.m. on Sunday, October 30, 1994, through 5:00 p.m. on sunday, November 6, 1994. B. The father shall then have the children from 5:00 p.~. on Sunday, November 6, 1994, through 5:00 p.m. on Sunday, November 13, 1994. C. The parties will alternate physical custody of the children on a week-to-week basis thereafter with the exchanqe to be at ~:OO p.m. on Sunday. D. por the Christ.as holiday of 1994, the .other, who will have physical custody on Sunday, December 25, 1994, will return the children to the father at 3:00 p... that day to commence his week with the children. I' 1 " " , , I 3. This order is intended to be temporary only and will be reviewed and modified lias appropriate at a hearing to be held before the undersigned in Court Room No. ~ of lithe Cumberland County Court House in Carlisle, PennBylvania, comMencing at :1 If I o'clock e.m., on ~, the IS:tl. day of .f\JN...J~ , 19V. I The parties, through their counBel, will exchange lists of witneBseB they intend to 'I I!call at hearing, at least twenty (30) days prior to the hearing. such witneBs list I' Ilshall identify the witness by name, addreas, and both daytime and evening telephone i!numbers and shall provide a brief description of the expected testimony of the witness. I, i' By the Court, I I: II Thomas H. Kutz, Esquire II Attorney for Plaintiff Ii Cara Boyanowski, Esquire I Attorney for Defendant /5/ _~L- l. )J./~ J. !I Ii I , !! T~U: rr;f)\1 '="'"'M RECORD I . -. i ~ 1\\..-. n T,st,n:~n'! ';iJ'r::', I h.'r} Ilcto set my hand and the $"al Oi ;.;,d Court at Car/isle, Pa. This ,,,..2.'~", day of ,'J]6Y:.'';'' 19j!t. ............~ a.. -v:.~~c .......,.....~. I'C.,..( .............. , "l.)ii- . Prothonotary II ,I sla 1 I' " 2 , '/:Ie , I JODI L. lrOllN, I IN THE COURT OF COOMOO PLEAS OF Plaintiff I CUMaE:RLAND COUNTlr PENNSlrLVANIA I VB. I CIVIL ACTION - LAW . NO. 94-5334 . DENNIS F. lrOllN, I Defendant I IN CUS'roDlr QUlBR Of' CXlJRT AND tuf, this .'30th day of July, 1996, the Conciliator beill9 advised by counsel for both parties that the parties have resolved all custody issues by agreement, hereby relinquishes jurisdiction in this case. /) J / / L, i'L ^ / ,J(, fIe') O~ Dawn S. Sunday, Esqui'r Custody Conciliator ", or n'~TMY 96 Arm -] Al'" I PiS <)' CUMULI~lj>;\D ~vUNTY o PeNNSYLVANIA " '. il. , , /, ,/ I I " , :1, . , :, , ", " " 'I, " , _t" , ,I;,""th.l;",.",k;:;,,;,i~" '\, ,......J...IJ.'....""'".k,,. ~ ~ .1'1' t ~ .I' .. .. ....~-- ~-A ~ 1-. , ..- ~ "- r , :\ , fA f. .~ ,'to , , '" " . r. " " " , , , -- JODI L. YOHN, I IN THE COURT OF COMMON PLEAS Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I NO. 94 - 5334 CIVIL TERM I DIIIlNIS r. YOHN, I CIVIL ACTION - LAW Defendant I CUSTODY ACTION CUSTODY AGREEMENT THIS AGREEMf:NT, made this L day of A~-I- and between Jodi L. Yohn, hereinafter referre~to as Denni. r. Yohn, hereinafter referred to as Father. , 1996, by Mother, and WITNESSETH: WHEREAS, Mother and Father are the parents of Taryn Yohn, born June 7, 1982, and Joden 'iohn, born June 23, 1984; and WHf:REAS by order dated November 2, 1994 Mother and Father share legal and physical custody of the children subject to alternating weeks of physical custody; and WHf:REAS, Mother filed a petition To Modify Custody Order on June 13, 1996 and a custody conference has been scheduled for July 30, 1996; and WHEREAS, Mother and Father wish to enter into this Custody Agreement to settle and resolve the outstanding issues regarding the custody of their children; NOW THEREFORE, it is agreed by the parties that: 1. Mother and Father shall share legal custody of the children, which means that each party is to have equal access to the children's personal, school and medical records and each party is to inform the other of significant events that occur in the children's lives. Each parent shall have access to medical, dental and school records; 2. The parties shall share physical custody of the children. a. Mother shall have primary physical custody of Taryn subject to Father's periods of temporary physical custody on alternating weekends from Friday at 6:00 p.m. until Sunday at 7:00 p.m. throughout the year. b. Father shall have primary physical custody of Joden subject to Mother's periods of temporary physical custody on alternating weekends from Friday at 6:00 p.m. until Sunday at 7:00 p.m. throu1hout the year. c. It is the intent of the parties that weekend periods will be coordinated so that the children will spend the weekend periods at the same parent's home. d. During the sununer, which shall conunence on the first Saturday following the close of the school year and shall end one (1) week prior to the resumption of the school year in the Fall, each parent shall be entitled to a total of four (4) weeks of uninterrupted periods of custody, but no more than two (2) consecutive weeks. f:ach parent shall give the other a minimum of 30 days notice of his/her intention to exercise their respective weeks of custody. A weekly period must include the regularly scheduled weekend to have custody of both children and shall run from Friday at 6:00 p.m. until Friday at 6:00 p.m.. e. Notwithstanding the schedule set forth above, the parties shall share Thanksgiving and Easter. Mother shall have the children on Mother's Day and Father shall have the children on Father's day each year from 9:00 am. until 7:00 p.m.. f. During the children's Christmas vacation, Mother shall have physical custody of the children in even years from 1:30 p.m. on December 25th until 7:00 p.m. on December 26th, and in odd years from 10:00 a.m. December 24th until 1:30 p.m. on December 25th. Father shall have physical custody of the children in odd years from 1:30 p.m. on December 25th until 7:00 p.m. on December 26th, and in even years from 10:00 a.m. December 24th until 1:30 p.m. on December 25th. g. Mother and Father agree to consider the wishes of the children regarding their individual desires as to physical custody, however, the final decision shall be made by mutual agreement of Mother and Father. 3. Both parents understand the need to provide a loving and stable environment for their children. 4. The primary physical custodial parent agree>; to encourage contact between the child and the other parent. 5. Mother and Father agree to place their personal differences aside and work for the best interests of the children. 6. The parties shall provide for reasonabltl teJ.ephone access to the children. 2 ".,," .~ ..{'I '/. : .... I -,' ~ ! \ ._ ./.",1 (# I fll F.O.{)FACE OF 1I!I" ~~'''\TI 1,.,W\T~IW ) 9G AUr;?\ r\'\ 31!1\ , ,'" 'I , , \ Cl.'Mb'..r:\J: ,:) l.'..Iul-llY PLNt lS'(LV/-NIA I~ ;1 I '1,' , "'\" 1% ,. " , 'I ,~ij; , . Ij:' ',\ ;'t, , ' ,-'t".11 1'1"" 1" . , ' \ )~ ,\ ~! " " 'r' ,}" I d ;.1 )", I' , \f i ;, " " " " "'l,J \ ',~ I ',! I'i, ;, " " u; ) ,/ ,,' :,1 " \\1.'1 '-i" "j,;' ,',-, " ~. , ..c.. . ~ . ~. tJ. ,( $'/~ 3/" (. .,A# tc..- .,t " 'P!F'Ii"' ;';~rJI?; -f1 l,t-i.:;\i:~'__\~ I \. "" ',1' ;-'11'1' ',>I~'H_"ll) I" ....' j,~(\,-i, ~; , ':~\i:; :,~ ,I , . . " , , <#