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HomeMy WebLinkAbout02-4121Jacob S. Clemens, Sr. 5.3.02.Custody Complaint; revised 8/20/02 JACOB J. CLEMENS, SR. Plaintiff v. SHELLY A. YOCUM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. o a, .1//,21 CIVIL TERM CIVIL ACTION - LAW CUSTODY CUSTODY COMPLAINT 1. The Plaintiff is Jacob S. Clemens, Sr., residing at 403 S. Baltimore Street, Apt. N, Dillsburg, York County, Pennsylvania 17019. 2. The Defendant is Shelly A. Yocum, residing at 1926 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks shared legal custody and partial physical custody of the following child: (Jacob J. Clemens, Jr. (C1926 amp Carlisle 170x1 3 2/2/99 Hill, PA 4 5 6 The child was born out of wedlock. The child is presently in the custody of the mother, Shelly A. Yocum, who resides at 1926 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania. During the past three years, the child has resided with the following persons and at the following addresses: Jacob S. Clemens, Sr. 5.3.02.Custody Complaint; revised 8/20/02 Jacob J. Clemens, Sr. 2/2/99 to 2/2001 Shelly A. Yocum Shelly A. Yocum Styles Court 2/01 to ??? Angie ? Mechanicsburg, PA Shelly A. Yocum 1926 Carlisle Road ??? to present Connie ? Camp Hill, PA 17011 7. The mother of the child is Shelly A. Yocum whose last known address is 1926 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania. 8. The mother is single. 9. The father of the child is Jacob S. Clemens, Sr. currently residing at 403 Baltimore St reet, Apt N, Dillsburg, York County, Pennsylvania. 10. The father is married. 11. The relationship of Pl aintiff to the child is that of natural father. 12. The Plaintiff currently resides with the following persons: (Elizabeth F. Clemens IWife IJacob J. Clemens, Jr. Son 13. The relationship of Defendant to the child is that of natural mother. - 2 - Jacob S. Clemens, Sr. 5.3.02.Custody Complaint; revised 8/20/02 14 15. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 16. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 17. 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. 18. The best interest and permanent welfare of the child will be served by entering an order in accordance with the Stipulation of the parties dated August 15, 2002 and the proposed order attached thereto, being filed of record concurrently with the filing of this Complaint. 8. 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. - 3 - The Defendant currently resides with the following persons: Jacob S. Clemens, Sr. 5.3.02.Custody Complaint; revised 8/20/0,2 WHEREFORE, Plaintiff requests the Court to grant the Plaintiff shared legal custody and partial physical custody of the child in accordance with the terms of the proposed Order and August 15, 2002 Stipulation of the parties being filed of record concurrently herewith. Respectfully submitted, AANE FF, ESQUIRE 443 8 Tri le Road PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 ID No. 32112 - 4 - VERIFICATION I verify that the statements made in this Custody Complaint 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: t9 ?0. ?' ? rc., ? ? c R, ? ^c? vi' rt} i r: z-?. ?> ?'- =- r ?. ??? r ` -G ?. rv iL u7 CT1 T_ °', cii a JACOB CLEMENS/4.23.02. CUSTODY AGREEMENT/rev. 6.27.02/rev. 7.15.02 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JACOB J. CLEMENS, SR. Plaintiff V. SHELLY A. YOCUM, Defendant N0.6?,-141Z1CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ?CUSTODY ORDER AND NOW, this ? day of `' , 2002, upon consideration of the within Stipulated Custody Agreement executed by SHELLY A. YOCUM, (hereinafter referred to as "Mother") and JACOB J. CLEMENS, SR., (hereinafter referred to as "Father")(Mother and Father are sometimes hereinafter referred to individually "Parent" and collectively "Parents") pertaining to their minor Child, JACOB JOSHUA CLEMENS, JR., born February 2, 1999, (hereinafter referred to as the "Child"), IT IS HEREBY ORDERED AND DECREED as follows: A. LEGAL CUSTODY: The Parents shall share and have joint legal custody of the Child. Each Parent shall be entitled to participate, jointly with the other Parent, in all major non-emergency decisions affecting the Child's health, education, religion and general well being Pursuant to the foregoing - 1 - JACOB CLEMENS/4.23.02. CUSTODY AGREEMENT/rev. 6.27.02/rev. 7.15.02 the following shall apply: 1. Access to Information: Each Parent shall be entitled to access to any and all information, persons, entities and documentation regarding the same so that informed decisions can be made. 2. Non-major Decisions: Non-major decisions involving the Child's day to day living shall be made by the Parent then having custody, but to the extent possible, the Parents shall attempt to make such rules and follow such schedules as would provide the Child with continuity regardless of the then existing custodial Parent. 3. Emergency Decisions: Emergency decisions regarding the Child shall be made by the Parent then having physical custody, but that Parent shall immediately communicate to the other Parent the nature and extent of the emergency and shall provide that other Parent with all information pertaining to the treatment so that the other Parent may be involved in the decision making process at the earliest possible time. 4. Copies of Documents: to the extent not reasonably available to the other parent, upon receipt by a Parent, copies of the Child's school schedules, special events notifications, report cards and the like shall be provided to the other Parent, unless the documents are otherwise reasonably available to the other Parent. Each Parent shall share with the other Parent any other information and documentation, or copies thereof, that each Parent possesses regarding the Child within such reasonable time as to make the records and information of reasonable use to the other Parent. 5. Notice of Activities: Each Parent shall provide the other Parent with at least 48 hours advance notice of school or other activities whenever possible if notice thereof is not reasonably available to - 2 - JACOB CLEMENS/4.23.02. CUSTODY AGREEMENT/rev. 6.27.02/rev. 7.15.02 the other Parent. 6. No Derogatory Comments: Neither Parent shall make any derogatory comments about the other Parent in the presence of the Child and to the extent possible shall prevent third parties from making any such comments in the presence of the Child. 7. No Discussion: Neither Parent shall discuss any aspect of the custodial situation with the Child and shall not utilize the Child for purposes of conveying information or inquiries pertaining to the Child to the other Parent. 8. Appointments: Each Parent shall notify the other Parent of any medical, dental, optical and psychological appointments and/or treatment for the Child sufficiently in advance thereof so that the other Parent can attend. 9. Care Providers: Each Parent shall provide the other Parent with the name, address and phone number of any babysitter or other daycare providers that regularly watch the Child for that Parent 10. Telephone Contact: Both Parents shall be afforded reasonable telephone contact with the Child while in the other Parent's custody and for said purposes each Parent shall provide the other Parent with his or her home phone number where the Child can be reached when in the that Parent's custody. Further each Parent shall provide the other parent with a phone number where he or she can be reached at all times, which requirement can be satisfied by the providing of a cellular phone number. 11. Temporary Absence from Commonwealth: If either Parent intends on removing the Child from the Commonwealth of Pennsylvania for a period in excess of forty-eight (48) hours that Parent shall provide the other Parent with the address and phone number where - 3 - JACOB CLEMENS/4.23.02. CUSTODY AGREEMENT/rev. 6.27.02/rev. 7.15.02 the Child can be reached during the period of absence. 12. Relocation: Mother shall not move with the child to any location outside of a radius of sixty miles from mother's current residence on a permanent basis without first petitioning the Court and securing a court order approving that move. B. PHYSICAL CUSTODY: The following shall apply regarding physical custody of the Child: 1. Primary Custody: Mother shall have primary physical custody of the Child, subject to the custody schedule hereafter set forth. 2. Partial Custody: Father shall have rights of partial physical custody of the Child, subject to the custody schedule hereafter set forth. 3. Custody Schedule: The Parents rights of custody shall be in accordance with the following schedule: a. Primary Custodian's Periods: Mother shall have custody of the Child for all periods not specifically reserved for Father in herein. b. Alternating Weekends: The Parents shall alternate custody on alternating weekends from Saturday 9:00 a.m. until Sunday at 5:00 P.M. C. Holidays /Special Days: The following shall apply regarding major holidays , Mother's Day and Father's Day: 1. Custody for major holidays and special days shall be in accordance with the following schedule: - 4 - JACOB CLEMENS/4.23.02. CUSTODY AGREEMENT/rev. 6.27.02/rev. 7.15.02 $gTTI?AS ' I# ., EVEN OkD YEARS 'fE7iRS Easter 9:00 a.m. on Good Friday Father Mother ls` Half to 7:30 p.m. on Saturday Easter 7:30 p.m. on Saturday to Mother Father 2" Half 8:00 p.m. on Monday following Easter Day Memorial Day Friday at 6:00 p.m. Father Mother Weekend until Monday at 8:00 p.m. Independence 9:00 a.m. to 8:00 p.m. Mother Father Day Observed Labor Day 6:00 p.m. on Friday Father Mother Weekend until 8:00 p.m. on Monday Thanksgiving 6:00 p.m. on the Mother Father Day Wednesday evening before Thanksgiving Day to 8:00 p.m. on Thanksgiving Day Christmas 9:00 a.m. on 12/24 to Father Mother 8:00 p.m. 12/27 December 24 Two hours to end no Mother Mother later then 8:00 p.m, for purposes of attending Mother's father's birthday party to terminate upon his death Mothers Day 6:00 p.m. the evening Mother Mother before Mother's Day until 8:00 p.m on Mother's Day. Fathers Day 6:00 p.m. the evening Father Father before Father's Day until 8:00 p.m on Father's Day - 5 - JACOB CLEMENS/4.23.02. CUSTODY AGREEMENT/rev. 6.27.02/rev. 7.15.02 2. Special Provisions Regarding Weekend Switching: The foregoing notwithstanding, if the Memorial Day and Labor Day holiday weekend periods herein provided result in a parent having custody for more than two (2) consecutive weekends, the Parent entitled to the holiday weekend shall switch weekends with the other Parent so that neither Parent has custody of the Child for more than two (2) consecutive weekends. d. Summer Vacation Time: Each Parent shall be entitled to two (2) uninterrupted weeks of custody of the Child under and subject to the following terms and conditions: 1. Consecutive or Non-Consecutive Weeks: The weeks are to be exercised in either consecutive or non-consecutive one (1) week periods. 2. Encompassing Regular Weekend: To the extent possible these weeks shall be scheduled to encompass the selecting Parent's regular alternating weekend. 3. Weekend Switching: If said scheduling set forth in subparagraph 2 above is not possible or practical, then the Parent selecting the custodial time period that encompasses the other Parent's regular alternating weekend shall switch weekends with the other Parent so that neither Parent has custody of the Child for more than two (2) consecutive weekends. 4. Advance Written Notice: Each Parent must provide the other Parent with at least thirty (30) days advance written notice of his or her intention to exercise each - 6 - JACOB CLEMENS/4.23.02. CUSTODY AGREEMENT/rev. 6.27.02/rev. 7.15.02 of these custodial weeks. 5. Conflict: Should conflict arise between the selection of said weeks the first Parent to notify the other Parent of his or her selection shall have the right to exercise custody on the weeks selected and the other Parent shall select other times for his or her weeks so as to avoid any conflicts. C. MISCELLANEOUS CUSTODY TERMS: 1. Transportation: The transportation necessary for the custodial exchanges herein set forth shall be provided by Father who shall pick up and return the Child to Mother's residence at the beginning and end of his partial custody periods. In the event, however, either parent shall move more than twenty-five (25) miles from the other parent's residence then the transportation shall be shared by the Parents with the Parent receiving custody of the Child shall provide the transportation for that custodial exchange. As long as the transportation is to be provided by Father, Mother or a responsible adult designated by Mother shall be at her residence at each of the custodial exchanges to facilitate the transfer of the custody of the Child, and if Mother or a responsible adult designated by Mother is not present at that time, Father shall be entitled to retain custody of the Child until Mother picks him up from Father's residence. 2. Precedence: The holiday schedule shall take precedence over any other custodial period set forth herein. The other miscellaneous custodial periods shall take precedence over the regular alternating weekend and midweek custodial periods set forth herein. 3. Unavailability: In the event either Parent is going to be out of town or is otherwise unavailable to exercise his or her custodial - 7 - JACOB CLEMENS/4.23.02. CUSTODY AGREEMENT/rev. 6.27.02/rev. 7.15.02 periods for a period in excess of twenty-four (24) hours, they shall notify the other Parent accordingly and the other Parent shall be provided with the opportunity to have custody for the period of unavailability. 4. Modification: The Parents shall be at liberty to modify the custodial periods herein provided to accommodate their respective schedules and special events, subject, nonetheless in all respects to the mutual agreement of the Parents for any such modifications. BY THE COURT: 11-1 J. TRul ed - AN necub IN Test- es®?y whereof, I here uggto set my haisfA a? gaj i5fi laid C uft?af.?jlr?isle4Pa. 1 I-,- - 8 - JACOB CLEMENS/4.23.02. CUSTODY AGREEMENT/rev. 6.27.02/rev. 7.15.02 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JACOB J. CLEMENS, SR., Plaintiff NO. CIVIL TERM V. CIVIL ACTION - LAW IN CUSTODY SHELLY A. YOCUM, Defendant STIPULATION FOR CUSTODY ORDER AND NOW This j9jt day of 2, Shelly A. Yocum and Jacob J. Clemens, Sr. hereby stipulate and ag e that the foregoing Custody Order shall be entered by the Court in the above captioned matter. IN WITNESS WHEREOF the Parents, intending to be legally bound hereby, have set their hands and seals the day and year below written. WITNESS: C -\ {SEAL} JACOB CLEMENS, SR. Date: c? O? {SEAL} SHELLY CUM Date: ZOc?- - 9 - ' c y t? r? ?, '; a ' /" - -+ ?" ` ' ' :7 n , ? . _ u ?? ,_. ? - ; ,, :._ r- _ _; ? ? T .? ,.-j l..?! - .? '? ?. `? rr? - IN THE COURT OF COMMON JACOB J. CLEMENS, SR, Plaintiff V. SHELLY A. YOCUM, Defendant FAILURE TO APPEAR AT THE', H TEMPORARY OR PERMANENT ORIDE EAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4121 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY NOTICE NG MAY PROVIDE GROUNDS FOR ENTRY OF A YOU SHOULD TAKE THIS PAPERI T YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE' H OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE LAWYER, THIS OFFICE MAY BE ABLE 1.0 PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR N FEE. Cumberland County Bar Association 3 South Bedford Street Carlisle, PA 17013 Teke hone No. (717) 249-3166 ?l F The Court of Common Pleas of Cumberland County is required by law to comply with the American with Disabilities Act lof 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. -2- Petition for Emergency Relief - Immediate, Temp Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 9 Fax: 717-9715-( Attorney for Plaintiff/ Petitioner, Jacob IN THE COURT OF COMMON JACOB J. CLEMENS, SR, Plaintiff V. SHELLY A. YOCUM, Defendant Modification of 9/12/2002 Custody Order 7 • Email: dianeradcliff @comcast.net Clemens, Sr. OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4121 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW, this 5th day of July, 2607, Jacob J. Clemens, Sr., the Petitioner, hereby petitions this Honorable Court for Emergency Relief - Immediate, Temporary Modification of the 9/12/02 Custody Order and respectfully represents that: 1. Your Petitioner is Jacob J.! C Manassas, VA 20112. 2. Your Respondent is Shelly Mechanicsburg, PA 17055.' Is, Sr, ("Father") residing at 10549 River Run Court, 3. Father and Mother are the February 2, 1999, (" the 6i' 4. On September 12, 2002, an Child) (119/12/02 Order"')!. / hereto, marked Exhibit "All A. Yocum ("Mother") residing at 4516 Rolo Court, parents of a minor child, Jacob J. Clemens, Jr., born d"). order of Court was entered pertaining to custody of the true and correct copy of the 9/12/02 Order is attached nd made a part hereof. - 3 - 5 6. 7. Concurrently herewith Father Since Father's Modification PE been scheduled. An emergency exists recd iri 9/12/02 Custody pending' ull A. Mother, the child a Id i of 8 people are livi g i 1. The Child; II. Mother; III. Steven Greerifi IV. Bradon, age !4 V. Thomasina, 2,91 VI. Steve, approXi woman); VII. Alissa, appro?,i woman); VIII. Jordan, app?o. another womai has filed a Petition to Modify the 9/12/02 Custody Order. ition has just been filed, no conciliation conference has ig the immediate and temporary modification of the hearing on this case because: other people live in a 3 bedroom trailer, so that a total the trailer including: ld, (Mother's boyfriend); (child of Mother and Steve Greenfield) 1.5, (the child of Mother and Steve Greenfield); lately age 6, (the child of Steve Greenfield and another tely age 6, (the child of Steve Greenfield and another mately age 4-5, (the child of Steve Greenfield and B. The Child shares a e room with Steve and Jordan, all 3 of whom are forced to sleep on the floor, or i bean bag chairs, since there is no proper beds for them. The bedroom is not, la ge enough for the 3 boys. C. Mother's home is so fL to sit or walk around t D. The Child lives with Jc with the Child as well Greenfield, but that h E. The Child lives with Ih B trained. 11 of junk and other clutter that there is hardly any room he home. -dan who has mental problems and is known to be violent is others. He as to be placed in a special school by Steve sted only a few months. radon (age 4) who can hardly speak and is not yet potty -4- F. The Child is improper left in charge of the other children while Mother sleeps; G. The Child is improper y left alone and in charge of the other children when Mother walks to the to at convenience store approximately 1 /4 mile from their home, leaving the hit with instructions to call her if an emergency arises. H. Because Mother doe n t have a drive,-'s license, Steve Greenfield drives Mother to work at her job at cDonalds in Dillsburg, PA where she works the 11 pm to 6am shift. When Steve Greenfield drives Mother to work, the UdId and the other children in the hp s hold are left alone in '.he house, thereby recklessly endangering them nd putting their safety in jeopardy. The Child has been o ked out of the house by Mother while she is sleeping and is forced to wait ou si a until she wakes up. J. Mother and Steve Greenfield have indicated an intent to move to North Carolina against the wishes o Father, where they will live with Steve Greenfield's elderly mother. If they move, the trailer in which they all live, which was purchased by the paternal grandmother of the Child, Patti Basham, and put in the joint names of the said Patti Basham and Mother and will have to be sold. Because Mother made no contribution towards its purchase, it is believed that legally the entire sales price will be paid to the paternal grandmother. K. The Child has bee e?xhibiting emotional problems as a result of living with Mother in the about d scribed situation, and wants to live with Father. 8. Father lives with the paternal grandmother, Patti Basham, and her "ignificant other, and is better able to prow d a suitable, healthy and v,holesome environment for the Child and provide for the h ld's best interests in every way. 9. The only judge previously ssigned to this case was the Honorable Edgar E. Bayley, who entered the 9/12/02 Custody Order. 10. A copy of this Petition is being mailed to the Respondent upon filing. Respondent was not contacted prior to this f ling because it is believed that she will not agree to the relief requested herein and ight retaliate against Father and/or the Child. i I -5- WHEREFORE, the Petitioner respE to immediately and temporarily Father primary physical custody, ally requests this Honorable Court on an emergency basis dify the 9/12/02 Order of Court to immediately grant ie Child pending further order of Court. y submitted, NE G. RAD IFF, ESQUIRE 448 Trindle ad Car, ip Hill, PA 1 7011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for P- titioner -6- ERIFICATION I verify that the s I understand that false statem Section 4904, relating to u made in the foregoing document are true and correct. herein are made subject to the penalties of 18 Pa.C.S. falsification to authorities. Jacob, 7C16i.6 s , S Date: O ICATE 0V_SERVICE I, DIANE G. RADCLIFF, E$ORE, hereby certify that on July 5, 2007, 1 served a true and correct copy of the Respondent„ Sh?lly A. Yocum, by mailing same by first class mail, postage prepaid, addressed as follows: Shelly A. Yocum 4516 Rolo Court echanicsburg, PA 17055 DIA G. FF, ESQUIRE -8- EXHIBIT "A 12/02 ORDER -9- IN THE CP CUMSERLAN JACOB J. CLEMENS, SR. Plaintiff V. SHELLY A. YOCUM, Defendant T OF COMMON PLEAS OF COUNTY, PENNSYLVANIA NO 6Z -g12k CIVIL TERM CIVIL ACTION - LAW IN CUSTODY OR I AND NOW, this /? day o stipulated Custody Agreement referred to as "Mother") and J Is "Father") (Mother and Fathe _ndividually "Parent" and colle' ti 'hild, JACOB JOSHUA CLEMENS, R eferred to as the "Child"), IT S f,r, 2002, upon consideration of the within cuted by SHELLY A. YOCUM, (hereinafter J. CLEMENS, SR., (hereinafter referred to are sometimes hereinafter referred to vely "Parents") pertaining to their minor , born February 2, 1999, (hereinafter HEREBY ORDERED AND DECREED as follows: =1 LEGAL CUSTODY: The Parents shall share and a e joint legal custody of the Child. Each Parent shall be entitled to a-ticipate, jointly with the other Parent, in all major non-emergency ecisions affecting the Child's health, education, religion and ger r 1 well being. Puy-vuant to the foregoinq . 1 - the following shall apply: 1. Access to Informatio : Each Parent shall be entitled to access to any and all information, persons, entities and documentation regarding the same so hat informed decisions can be made. 2. Non-major Decisions:' N n-major decisions involving the Child's day to day living shall e ade by the Parent then having custody, but to the extent possi; l , the Parents shall. attempt to make such rules and follow suc schedules as would provide the Child with continuity regardlep f the then existing custodial Parent. 3. Emergency Decisions: Emergency decisions regarding the Child shall be made by the Parent t Yen having physical custody, but that Parent shall immediately co m nicate to the other Parent the nature and extent of the emerge, c and shall provide that other Parent with all information pert i ing to the treatment so that the other Parent may be invol e in the decision making process at the earliest possible tim 4. Copies of Documents: to the extent not reasonably available to the other parent, upon r c ipt by a Parent, copies of the Child's school schedules, sp¢ i 1 events notifications, report cards and the like shall be pro ided to the other Parent, unless the documents are otherwi',se reasonably available to the other Parent. Each Parent shall s are with the other Parent any other information and docume t tion, or copies thereof, that each Parent possesses regarding t e Child within such reasonable time as to make the records and n ormation of reasonable use to the other Parent. 5 Notice of Activities: E ch Parent shall provide the other Parent with at least 48 hours dance notice of school or other activities whenever possible if nbti e thereof is not reasonably available to 2 - the other Parent. is No Dero atorv Comments Neither Parent shall mane any derogator,i comments about the other Parent in the presence of the Child and to the extent possible, s all prevent third parties from making any such comments in the p esence of the Child. 7. No Discussion: Neither Parent shall discuss any aspect of the custodial situation wjit the Child and shall not utilize the Child for purposes of convey ng information or inquiries pertaining to the Child to the other Parent. 8 9. 10 11. Appointments: Each Parent shall notify the other Parent of any medical, dental, optical and psychological appointments and/or treatment for the Child sufficiently in advance thereof so that the other Parent can attend. ii Care Providers: Each' Parent shall provide the other Parent with the name, address and phone number of any babysitter or other daycare providers that regularly watch the Child for that Parent Telephone Contact: Both Parents shall be afforded reasonable telephone contact w,- h the Child while in the other Parent's custody and for said pu poses each Parent shall provide the other Parent with his or her home phone number where the Child can be reached when in the that Parent's custody. Further each Parent shall provide the other agent with a phone number where he or she can be reached at all ti es, which requirement can be satisfied by the providing of a cel!lu ?ar phone number. removing the Child fi period in excess of provide the other Par;l Commonwealth: If either Parent intends on .i the Commonwealth of Pennsylvania for a o ty-eight (48) hours that Parent shall t witl the address and Qhnne number - 3 - the Child can be retch 12. Relocation: Mother ha outside of a radius f on a permanent has, s securing a court ord r B. PHYSICAL CUSTODY: The following shall apply'Ii 1. Primary Custody: Mot] Child, subject to th during the period of absence. 11 not move with the child to any location sixty miles from mother's current residency without first petitioning the Court and approving that move. garding physical custody of the Child: shall have primary physical custody of the ustody schedule hereafter set forth. 2. Partial Custody: Falt?sIbject r shall have rights of partial physical custody of the Child, ,to the custody schedule hereafter set forth. 3. Custody Schedule: The Parents rights of custody shall be in accordance with the 41 owing schedule: a. Primary Custodian' s Periods: Mother shall have custody of the Child for all per?io s not specifically reserved for Father in herein. b. c. Alternating Weekeid : The Parents shall alternate custody on alternating weeks d from Saturday 9:00 a.m. until Sunday at 8:00 P.M. Holidays/SiDecial' Days.: The following shall apply regarding major holidays other's Day and Father's Day: 1. Custody for aJor holidays and special days shall be in accordance w# h the following schedule: 4 - HOLIDAYS TIMES EVEN ODD YEARS PEARS Easter :00 a.m. on Good Friday Father Mother 1'1 Half o 7:30 p.m. on Saturday Easter :30 p.m. on Saturday to Mother Father 2"d Half 8:00 p.m. on Monday following Easter Day Memorial Day F-iday at 6:00 p.m. Father Mother Weekend u tit Monday at 8:00 P M. Independence 1 00 a.m. to 8:00 p.m. Mother Father Day Observed Labor Day 6:00 p.m. on Friday Father Mother Weekend u til 8:00 p.m. on M day Thanksgiving 6: 0 p.m. on the Mother Father Day We nesday evening before h nksgiving Day to 8:00 . on Thanksgiving Day Christmas 0 a.m. on 12/24 to Father Mother 0 p.m. 12/27 December 24 W hours to end no Mother Mother at r then 8:00 p.m. for ur oses of attending Mot er's father's p?r hday party to t?r inate upon his death Mothers Day 0 p.m. the evening Mother Mother b f re Mother's Day u til 8:00 p.m on th is Day. Fathers Day Q:00 p.m. the evening Father Father b;efo e Father's Day un i 8:00 p.m on F? h r 's Day 5 - 2. Special -ojisions Regarding Weekend Switchino: Tri= foregoing o withstanding, if the Memorial Day and Labor Day holida eek_end periods herein provided result in a parent havin custody for more than two (2) consecutive weekends, 't e Parent entitled to the holiday weekend shall switch weekends with the other Parent so that neither Paren has custody of the Child for more than two (2) consecutive weekends. d. Summer Vacation ' Time: Each Parent shall be entitled to two (2) uninterruptdd weeks of custody of the Child under and subject to the f9l owing terms and conditions: 1. Consecutive o Non-Consecutive Weeks: The weeks are to be exercised i either consecutive or non-consecutive one (1) week peit i ds. 2. Encom assin e ular Weekend: To the extent possible these weeks' h 11 be scheduled to encompass the selecting Parent's reg 1 r alternating weekend. 3. Weekend Swit h'n If said scheduling set forth in subparagraph i2 above is not possible or practical, then the Parent e ecting the custodial time period that encompasses th other Parent's regular alternating weekend shall switch weekends with the other Parent so that neither P rent has custody of the Child for more than two (2)1 o secutive weekends. 4. Advance Writ n other Parent wi written notice o. Jotice: Each Parent must provide the h at least thirty (30) days advance his or her intention to ex-rcise i 6 - i ' of these custodial weeks. C. 1 2 3 5 Conflict: S h uld conflict arise between the selection cf said weeks l,t h first Parent to notify the oth er Parent of his or her s lection shall have the right to exercise custody on, t h weeks selected and the other Parent shall select oth r times for his or her weeks so as to avoid any confli'c,t s . Transportation: The' t ansportation necessary for the custodial exchanges herein set fo th shall be provided by Father who shall pick up and return the Child to Mother's residence at the beginning and end of his parti1 1 custody periods. In the event, however, either parent shall mo e more than twenty-five (25) miles from the other parent's residence then the transportation shall be shared by the Parents with the, a rent receiving custody of the Child shall provide the transportA ion for that custodial exchange. As long as the transportation is o be provided by Father, Mother or a responsible adult desi,' n ted by Mother shall be at her residence at each of the custodial! x(-hanger to facilitate the transfer of the custody of the Child and if Mother or a responsible adult designated by Mother of present at that time, Father shall be entitled to retain cus o y of the Child until Mother picks him up from Father's residenq Precedence: The holid y schedule shall take precedence over any other custodial period', e forth herein. The other miscellaneous custodial periods sh 1 take precedence over the regular alternating weekend and, i week custodial periods set forth herein. Unavailability: In thel _v nt either Parent is going to be out of town or is otherwise u1) V i1ahle to exercise il. s or her C11 7 4 periods for a period in excess of twenty-four (1 24) hours, they shall notify the oth r Parent accordingly and the other Parent shall be provided with the opportunity to have custody for 'he period of unavailab"I ' ty. Modification: The: P rents shall be at liberty to modify the custodial periods herein provided to accommodate their respective schedules and specie vents, subject, nonetheless in all respects to the mutual agreem n of the Parents for any such modifications. i YITHE COURT: J. t rr, F'r' ? ?:C15??: I'F ,:./A i _11 ?4 i IN THE C CUMBERLA T OF COMMON PLEAS OF COUNTY, PENNSYLVANIA JACOB J. CLEMENS, SR., Plaintiff IVO. CIVIL TERM V. CIVIL ACTION - LAW IN CUSTODY r.} SHELLY A. YOCUM, °- Defendant r STIPULATI FOR CUSTODY ORDER AND NOW Thi d ! s ay o 2002, Shelly A. Yocum and Jacob J. Clemens, Sr. hereby stipulate, a d a ree that the foregoing Custody Order shall be entered by the Court i he above captioned matter. IN WITNESS WHEREOF the Pa, en s, intending to be legally bound hereby, have set their hands and seals' h day and year below written. 4ITHESS: SEAL) --- JACOB CLEMENS, SR. D t f ?f a e: . / Al - ??. ???'; _ ._. ????? ??7i?(.! '1 •;+ {SEAL} SHELLY/ A. Y,6cum D CV ? ate: - 9 - r,3 ? ? 1 _.yy i C. J r? i r y `' IN THE COURT OF COI 01 JACOB J. CLEMENS, SR, Plaintiff V. SHELLY A. YOCUM, Defendant PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4121 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY H DISABILM The Court of Common Pleas of Cu berland County is required by law to comply with the American with Disabilities Act lof 1990. For information about accessible facilities and reasonable accommodations avanlab a to disabled individuals having business before the court, I i ? please contact our office. All arraing?ments must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. -2- Petition for Modification of 9/12/2002 stc Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 1 Supreme Court ID # 32112 Phone: 717-737-0100 9 Fax: 7117-? Attorney for Plaintiff /Petitioner, I Order 1 697 • Email: dianeradcliff @comcast.net J. Clemens, Sr. IN THE COURT OF COM1MQt PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JACOB J. CLEMENS, SR, Plaintiff V. SHELLY A. YOCUM, Defendant --mens, Sr, ("Father") residing at 10549 River Run Court, TO THE HONORABLE, THE JUDGES OF THE SAID COURT: --4-1/ And now this _?) day of J61. , 2007, Jacob J. Clemens, Sr., the Petitioner, hereby petitions this Honorable Court for t e modification of the September 12, 2002 Custody Order and respectfully represents that: Your Petitioner is Jacob Ja' Manassas, VA 20112. 2. 3. 4. Your Respondent is Shelly A. Locum ("Mother") residing at 4516 Rolo Court, Mechanicsburg, PA 17055- Father Father and Mother are the paren February 2, 1999, (" the Id") NO. 02-4121 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY of a minor child, Jacob J. Clemens, Jr., born On September 12, 2002, an rder of Court was entered pertaining to custody of the Child, ("9/12/02 Custo Oder") . A true and correct copy of the 9/12/02 Custody Order is attached hereto, m rked Exhibit "A" and made a part hereof. - 3 - 5. The 9/12/02 Custody Qrf d r of Court should be modified because: A. Mother, the chi j a?d 6 other people live in a 3 bedroom trailer, so that a total of 8 peopl ar living in the trailer including: 1. The Child', II. Mother; III. Steven G en ield, (Mother's boyfriend); IV. Bradon, 0 e (child of Mother and Steve Greenfield) V. Thomasin a e 1.5, (the child of Mother and Steve Greenfield); VI. Steve, app, rox'mately age 6, (the child of Steve Greenfield and another woman); VII. Alissa, app o 'mately age 6, (the child of Steve Greenfield and another woman); VIII. Jordan, appr ximately age 4-5, (the child of Steve Greenfield and another w m n); B. The Child shares b droom with Steve and Jordan, all 3 of whom are forced to sleep on the fy or, or in bean bag chairs, since there is no proper beds for them. The bedrp m is not large enough for th:? 3 boys. C. Mother's home it so full of junk and other clutter that there is hardly any room to sit or wall a ound the home. D. The Child Lives With Jordan who has mental problems and is known to be violent with the it as well as others. He as to be placed in a special school by Steve Greenfio d, but that lasted only a few months. E. The Child lives wilt radon (age 4) who can hardly speak and is not yet potty trained. F. The Child is imps` p rly left in charge of the other children while Mother sleeps; G. The Child is imprp e ly left alone and in charge of the other children when Mother walks to a local convenience store approximately 1 /4 mile from their home, leav' g he Child with instructions to call her if an emergency arises. II -4- H. Because Mother) do s not have a driver's license, Steve Greenfield drives Mother to work a h r job at McDon Ads in Dillsburg, PA where she works the 11 pm to 6am shif . When Steve Greenfield drives Mother to work, the Child and the other chi d n in the household are left alone in the house, thereby recklessly endao er gig them and putting their safety in jeopardy. 1. The Child has been ocked out of the house by Mother while she is sleeping and is forced to wail outside until she wakes up. J. Mother and Ste* reenfield have indicated an intent to move to North Carolina against' h wishes of Father, where they will live with Steve y other. If they move, the trailer in which they all live, Greenfield's eldo JE paternal grandmother of the Child, Patti Basham, which was purchby the and put in the joJ ames of the said Patti Basham and Mother and will have to be sold. Beca e Mother made no contribution towards its purchase, it is believed that lel11 the entire sales price will be paid to the paternal grandmother. xhibiting emotional problems as a result of living with K. The Child has been Mother in the abo escribed situz ':ion, and wants to live with Father. a L. Father lives with a aternal grandmother, Patti Basham, an -J her significant other, and is belt e, able to provide a suitable, healthy and wholesome environment for t a Mid and provide for the Child's best interests in every way. 6. The Petitioner requests a the 9/12/02 Custody Order be modified to grant Father primary physical custo o the Child and Mother partial physical custody of the child, with said partial ys cal custody rights being the same rights father now has under the 9/12/02 Order 7. The only judge previous a signed to this case was the Honorable Edgar E. Bayley, who entered the 9/12/02 C stody Order. 8. A copy of this Petition i be ng mailed to the Respondent upon filing. Respondent was not contacted prior this filing because it is believed that she will not agree to the relief requested her n and might retaliate against Father and/or the Child. - 5 - WHEREFORE, the Petitioner fires 9/12/02 Custody Order in ac? rd II actfully requests this Honorable Court to modify the nce with the requests of the Petitioner. Respectfully submitted, DIANE G. RA CLIFF, ESQUIhE Road Camp Hill, PA 1 7011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Petitioner Dated: July 5, 2007 -6- RIFICATION I verify that the I understand that false state Section 4904, relating to u made in the foregoing document are true and correct. herein are made subject to the penalties of 18 Pa.C.S. falsification to authorities. Jacob J,/?lmens, Sr. Dater - 7/?Z In 7 I, DIANE G. RADCLIFF, and correct copy of the Res postage prepaid, addressed IRE, hereby certify that on July 5, 2007, 1 served a true , Shelly A. Yocum, by mailing same by first class mail, Shelly A. Yocum 4516 Rolo Court ianicsburg, PA 17055 DIANE G,AADCLIFF, ESQUIRE -8- EXHIBIT "A" '12/02 ORDER -s- IN THE CUMBER JACOB J. CLEMENS, SR. Plaintiff V. SHELLY A. YOCUM, Defendant T OF COMMON PLEAS OF COUNTY, PENNSYLVANIA NO b.1-yl2t CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this i? day oA_7_ Stipulated Custody Agreement referred to as "Mother") and JAI as "Father")(Mother and Fath individually "Parent" and colle Child, JACOB JOSHUA CLEMENS, referred to as the "Child"), IT A. LEGAL CUSTODY: The Parents shall share anc Parent shall be entitled t( in all major non-emergent education, religion and ge Ir, 2002, upon consideration of the within ;uted by SHELLY A. YOCUM, (hereinafter J. CLEMENS, SR., (hereinafter referred to are sometimes hereinafter referred to rely "Parents") pertaining to their minor , born February 2, 1999, (hereinafter HEREBY ORDERED AND DECREED as follows: a e joint legal custody of the Child. Each a ticipate, jointly with the other Parent, decisions affecting the Child's health, a well being. Pursuant to the foregoing 1 - i the following shall apple: 1 any and all info regarding the same 2. Non-major Decisions:) to day living shall to the extent possi rules and follow su( continuity regardles 3. Emergency Decisions: be made by the Parent shall immediately co extent of the emerge all information pert Parent may be invol earliest possible tir 4. Copies of Documents: other parent, upon school schedules, spe the like shall be E documents are otherwiE Each Parent shall information and docume possesses regarding t. make the records and Parent. 5. Notice of Activities: with at least 48 hours whenever possible if no t Each Parent shall be entitled to access to .on, persons, entities and documentation hat informed decisions can be made. Non-major decisions involving the Child's day ade by the Parent then having custody, but le, the Parents shall attempt to make such i schedules as would provide the Child with o the then existing custodial Parent. ergency decisions regarding the Child shall :h n having physical custody, but that Parent 1u icate to the other Parent the nature and 7y and shall provide that other Parent with i ing to the treatment so that the other ?d in the decision making process at the ) he extent not reasonably available to the ceipt by a Parent, copies of the Child's ial events notifications, report cards and -o ided to the other Parent, unless the easonably available to the other Parent. share with the other Parent any other to ion, or copies thereof, that each Parent ?hild within such reasonable time as to f rmation of reasonable use to the other a is Parent shall provide the other Parent :e notice of school or other activities thereof is not reasonably available to 2 - the other Parent. 6. No Derogatory Comme s: Neither Parent shall make any derogatory comments about the o he Parent in the presence of the Child and to the extent possible?sh 11 prevent third parties from making any such comments in the,p esence of the Child. 7 8 9 10 11 No Discussion: Neither Parent shall discuss any aspect of the custodial situation chit the Child and shall not utilize the child for purposes of convfeying information or inquiries pertaining to the Child to the ot* arent. Appointments: Each 'Pa ent shall notify the other Parent of any medical, dental, optic 1 and psychological appointments and/or treatment for the Child ufficiently in advance thereof so that the other Parent can attend. Care Providers: Eacll P rent shall provide the other Parent with the name, address and hone number of any babysitter or other daycare providers tha r gularly watch the Child for that Parent I Telephone Contact: Both Parents shall be afforded reasonable telephone contact wi?h the Child while in the other Parent's custody and for said Our oses each Parent shall provide the other Parent with his or her me phone number where the Child can be reached when in the tat Parent's custody. Further each Parent shall provide the other p rent with a phone number where he or she can be reached at all im s, which requirement can be satisfied by the providing of a cel ul r phone number. removing the Child f period in excess of provide the other Paz lmonwealth: If either Parent intends on he Commonwealth of Pennsylvania for a y-eight (48) hours that Parent shall ith the address and phone number ..l e? e 3 - the Child can be rekachkd during the period of absence. 12 Relocation: Mother ha 1 not move with the child to any location outside of a radius of sixty miles from mother's current residence on a permanent ba is without first petitioning the Court and securing a court or er approving that move. B. PHYSICAL CUSTODY: The following shall appl b. 1. Primary Custody: Mot or shall have primary physical custody of the Child, subject to th c stody schedule hereafter set forth. 2. Partial Custody: Fa1he shall have rights of partial physical custody of the Child, su ject to the custody schedule hereafter set forth. 3. Custody Schedule: The Parents rights of custody shall be in accordance with the f ?l wing schedule: a. c. Child for all pe herein. alternating wee 8:00 p.m. major holidays , Igarding physical custody of the Child: riods: Mother shall have custody of the not specifically reserved for Father in The Parents shall alternate custody on from Saturday 9:00 a.m. until Sunday at ?t-_s_: The following shall apply regarding t_?er's Day and Father's Day: 1. Custody for accordance Ii j Jr holidays and special days shall be in h the following schedule: 14 - HOLIDAYS TIMES EVEN ODD YEARS YEARS Easter :00 a.m. on Good Friday Father Mother 151 Half to 7:30 p.m. on Saturday Easter 7:30 p.m. on Saturday to Mother Father 2nd Half 8:00 p.m. on Monday f llowing Easter Day Memorial Day F iday at 6:00 p.m. Father Mother Weekend u til Monday at 8:00 P M. Independence 9:00 a.m. to 8:00 p.m. Mother Father Day Observed Labor Day 6: 0 p.m. on Friday Father Mother Weekend un it 8:00 p.m. on Mo day Thanksgiving 6: 0 p.m. on the Mother Father Day e nesday evening before I nksgiving Day to 8:00 . on Thanksgiving Day Christmas :00 a.m. on 12/24 to Father Mother :0 p.m. 12/27 December 24 o hours to end no Mother Mather t r then 8:00 p.m. for r oses of attending t er's father's r hday party to r inate upon his death Mothers Day :00 p.m. the evening Mother Mother efo e Mother's Day u ti 8:00 p.m on M h is Day. Fathers Day 6: 0 p.m. the evening Father Father e Father's Day. 8:00 p.m on j hF r' s Day 2. Special o isions Regarding Weekend Switching. The foregoing o withstanding, if the Memorial Day and Labor Day holid Y eekend periods herein provided result in a parent ha In custody for more than two (2) consecutive weekends, nth Parent entitled to the holiday weekend shall swi h weekends with the other Parent so that neither Pa en has custody of the Child for more than two (2) consecuJti e weekends. d. Summer Vacation Ti e: Each Parent shall be entitled to two (2) uninterrupted weeks of custody of the Child under and subject to the ?l owing terms and conditions: 1. Consecutiv o Non-Consecutive Weeks: The weeks are to be exercise i either consecutive or non-consecutive one (1) week per?io s . 2. Encom assin Re ular Weekend: To the extent possible these weeks h 11 be scheduled to encompass the selecting Parent's re 1 r alternating weekend. 3. Weekend Swi h'n : If said scheduling set forth in subparagrap 2 above is not possible or practical, then the Parent electing the custodial time period that encompasses h other Parent's regular alternating weekend shal s itch weekends with the other Parent so that neither IPa has custody of the Child for more than two (2) c?o ?ent ecutive weekends. 4. Advance Writ n Notice: Each Parent must provide the other Parent with at least thirty (30) days advance written notic Io his or her intention to exercise cacl- 6 - of these custodial weeks. 5. Conflict: S ould conflict arise between the selection of said weeks'th first Parent to notify the other Parent of his or he selection shall have the right to exercise custody o 'th weeks selected and the other Parent shall select of ?r times for his or her weeks so as to avoid any conflicts. C. MISCELLANEOUS CUSTODY TER 1. Transportation: Th t ansportation necessary for the custodial exchanges herein set _o th shall be provided by Father who shall pick up and return th IC ild to Mother's residence at the beginning and end of his partial custody periods. In the event, however, either parent shall m Ive more than twenty-five (25) miles from the other parent's reside oe then the transportation shall be shared by the Parents with the Pa ent receiving custody of the Child shall provide the transport iii n for that custodial exchange. As long as the transportation i o be provided by Father, Mother or a responsible adult deli a ed by Mother shall be at her residence at each of the custodial x hanger to facilitate the transfer of the custody of the Chil and if Mother or a responsible adult designated by Mother of present at that time, Father shall be entitled to retain custod of the Child until Mother picks him up from Father's residenc ?. 2. Precedence: The holi a?y schedule shall take precedence over any other custodial period e forth herein. The other miscellaneous custodial periods sh11 take precedence over the regular alternating weekend and mi week custodial periods set forth herein. 3. Unava_i_lability: In the ??vtnt either Parent is going to be out of town or is otherwise un ?vlab.le to exercise h_ s or her C:'?t _ta i 7 - periods for a peri d in excess of twenty-four (24) hours, they shall notify the o he Parent accordingly and the other Parent shall be provided it the opportunity to have custody for the period of unavailab' 7,i y. 4. Modification: The a ents shall be at liberty to modify the custodial periods he i. provided to accommodate their respective schedules and specia ?e ents, subject, nonetheless in all respects to the mutual agreem rat of the Parents for any such modifications. COURT: J. ' ; I IN THE CUMBER JACOB J. CLEMENS, SR., Plaintiff V. SHELLY A. YOCUM, Defendant AND NOW This f5-t-day o Clemens, Sr. hereby stipulate shall be entered by the Court T OF COMMON PLEAS OF COUNTY, PENNSYLVANIA NO. CIVIL TERM CIVIL ACTION - LAW IN CUSTODY FOR CUSTODY ORDER 2002, Shelly A. Yocum and Jacob J. n a ree that the foregoing Custody Order t e above captioned matter. IN WITNESS WHEREOF the Pa do s, intending to be legally bound hereby, have set their hands and seals Ile day and year below written. WITNESS: ACOB CLEMENS, SR. ate: ! (SEAL) rr C ELLY/ A. Y/OCUM te: III 9 - I I (SEAL) ...Ca ?DC.a Fh- F A! O -i . r E_? { JACOB J. CLEMENS, SR., PLAINTIFF V. SHELLY A. YOCUM, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 02-4121 CIVIL TERM ORDER OF COURT AND NOW, this 54-N day of July, 2007, a hearing on the within petition for a temporary order of emergency relief shall be conducted at 1:30 p.m., Wednesday, July 18, 2007, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Ccfrt4B.Ie EDiane Radcliff, Esquire For Plaintiff .0 Shelly A. Yocum t? ?,y,,m?Qu( :7-,09 4516 Rolo Court Mechanicsburg, PA 17055 sal LIJ C3' uo :3J G LLJ N JACOB J. CLEMENS, SR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-4121 CIVIL ACTION LAW SHELLY A. YOCUM IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, July 10, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, August 09, 2007 at 9:00 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 pennanent 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: A/ Dawn S. Sunda Es q. 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 Co' 11 ' L, ",'i? ????E ICJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JACOB J. CLEMENS, SR, Plaintiff NO. 02-4121 CIVIL TERM V. CIVIL ACTION - LAW SHELLY A. YOCUM, IN CUSTODY Defendant AFFIDAVIT OF SERVICE I, Norman D. Law, an adult individual, being duly sworn according to law, depose and say that on July 13, 2007, 1 served a true and correct copy of the following documents upon Shelly A, Yocum. By handing her copies of the same to her at her residence located at 4516 Rolo Court, Mechanicsburg, PA 17055 1. Petition for Modification of the 9/12/02 Custody Order; 2. Order dated July 10, 2007 scheduling the conciliation conference for August 9, 2007 at 9:00 am at the Law Office of Dawn S. Sunday, Esquire, 39 W. Main Street, Mechanicsburg, PA 17055; 3. Petition for Emergency Relief - Immediate and Temporary Modification of the 9/12/07 Custody Order 4. Order scheduling the hearing on the Petition for Emergency Relief for July 18, 2007 at 1:30 pm in Courtroom No 2 of the Cumberland County Cga?thouse, Carlisle, PA 17013. /7 r NORMAIJ D. LAW Sworn to and subscribed before me a Notary Public in and for Cumberland County, Pennsylvania this 13`h day of July , 2007. ?ARY BLIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Diane G. Radcliff, Notary Public Camp Hill Boro, Cumberland County My Commission Expires Jan 11 2008 J wiember. P--i m, My commission expires: co spa --., JACOB J. CLEMENS, SR., Plaintiff V. SHELLY A. YOCUM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4121 CIVIL TERM ORDER OF COURT AND NOW, this 18th day of July, 2007, the hearing scheduled for this date is continued until Friday morning, July 27, 2007, at 8:45 a.m. The current order of September 12, 2002, is temporarily modified to provide that the father shall have an additional period of summer custody with Jacob Clemens, born February 9, 1999, commencing at noon Sunday, July 22, 2007, through any further order entered following the hearing on Friday, July 27, 2007. /1Jiane G. Radcliff, Esquire For Plaintiff 451 Xlly A. Yocum, pro se 6 Rolo Court Mechanicsburg, PA 17055 Sheriff prs A y cl-) cas ?f co L !-J Ll- Lzs M JACOB J. CLEMENS, SR., Plaintiff V. SHELLY A. YOCUM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4121 CIVIL TERM ORDER OF COURT AND NOW, this 27th day of July, 2007, temporary physical custody shall remain with the father pending further order of court. /ane G. Radcliff, Esquire Plaintiff XForace D'Alo, Esquire r Defendant Sheriff t prs ' ' j j - au?s a7 mmO? JACOB J. CLEMENS, SR. Plaintiff VS. SHELLY A. YOCUM Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4121 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated September 12, 2002 and July 27, 2007 are modified by this Order. 2. The Father shall have primary physical custody of the Child during the first half of the 2007-2008 school year and shall be permitted to enroll the Child in the Father's school district for that time period. During the first half of the 2007-2008 school year, the Mother shall have partial physical custody of the Child on alternating weekends from Friday at approximately 8:30 p.m. to Sunday at 5:00 p.m., or, if there is no school on the following Monday and the Father is able to provide transportation, through Monday at 5:00 p.m. The Mother shall have custody of the Child for the Labor Day weekend from Friday at 8:30 p.m. through Monday at 5:00 p.m. and the parties shall follow the holiday custody schedule as set forth in the September 12, 2002 Order unless otherwise agreed. 3. The Father shall be responsible to provide all transportation for exchanges of custody at the Mother's residence, unless otherwise agreed between the parties. 4. The Father shall provide all school related information on a timely basis to the Mother. 5. The Mother shall have liberal and reasonable telephone contact with the Child. 6. The parties shall participate in a course of therapeutic family counseling at Interworks for the purpose of obtaining guidance in making decisions regarding ongoing parenting arrangements for the Child. The parties shall follow the recommendations of the counselor with regard to the duration and frequency of sessions and as to the participation of the Child in the joint or individual sessions. The Father shall be responsible to pay all costs of the counseling which are not covered by insurance. The parties shall schedule the initial sessions as soon as possible following the conciliation conference to ensure that the initial sessions are held close to the time of the Child's residence in Pennsylvania before moving to Virginia for the first half of the school year. 7. This Order is entered without prejudice to either party as to ongoing primary, custodial arrangements for the Child during the remainder of the 2007-2008 school year and thereafter. The parties shall attend an additional custody conciliation conference on December 4, 2007 at 10:30 a.m. in the office of the Conciliator, Dawn S. Sunday for the purpose of establishing a custodial schedule for the remainder of the school year and thereafter. 8. Jurisdiction over this custody matter shall remain in this Court. 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. cc: Pf?anie G. Radcliff, Esquire - Counsel for Father ?ica Hoist, Esquire - Counsel for Mother d r JACOB J. CLEMENS, SR. Plaintiff V. SHELY A. YOCUM Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 024121 CIVIL ACTION LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jacob J. Clemens, Jr. February 2, 1999 Father 2. A custody conciliation conference was held on August 9, 2007 and reconvened on August 15, 2007, with the following individuals in attendance: the Mother, Shelly A. Yocum, with her counsel, Jessica Holst, Esquire, and the Father, Jacob J. Clemens, Sr., with his counsel, Diane Radcliff, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Q u .2l , acb Date Dawn S. Sunday, Esquire Custody Conciliator FEB 0 8 2008 JACOB J. CLEMENS, SR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA d? VS. (K-4121 CIVIL ACTION LAW SHELLY A. YOCUM : Defendant IN CUSTODY ORDER OF COURT AND NOW, this vi day of 2008, upon consideration of the attached Custody Conciliation Report, jitislrder d and directed as follows: 1. The prior Order of this Court dated August 28, 2007 shall continue in effect pending further Order of Court or agreement of the parties. 2. Within six (6) months of the date of this Order, counsel for either party may contact the conciliator to request the scheduling of further proceedings, if necessary. BY THE Edgar B. Bayley 1 cc: VDiane G. Radcliff, Esquire - Counsel for Father ?fessica Hoist, Esquire - Counsel for Mother a./ra,?v8 J. 7- CO t'r3 ? c j l r L C Cam! JACOB J. CLEMENS, SR. Plaintiff vs. SHELLY A. YOCUM Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4121 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jacob J. Clemens, Jr. February 2, 1999 Father 2. A custody conciliation conference was held on December 18, 2007, with the following individuals in attendance: the Father, Jacob J. Clemens, Sr., with his counsel, Diane G. Radcliff, Esquire, and the Mother, Shelly A. Yocum, with her counsel, Jessica Holst, Esquire. 3. This Court previously entered an Order in this matter on August 28, 2007 under which the Father had primary physical custody of the Child during the first half of the 2007-2008 school year in Virginia, the parties were to participate in family counseling at InterWorks to obtain guidance and assistance in establishing further parenting arrangements, and a follow-up conciliation conference was scheduled for December 4, 2007 (which was rescheduled to December 18). At the conciliation conference, it was determined that the parties never obtained the counseling agreed upon and required in the prior Order due to the distance between the parties' residences with the Father living in Virginia and the costs of counseling. After the parties further discussed their concerns at the conference, it was again agreed that they would continue to investigate their options for co-parenting counseling on weekends and the Mother would obtain a list of covered counselors (if any) on her insurance coverage. This matter was placed on hold pending the parties' efforts to explore the options for counseling. 4. Following various telephone and email communications with counsel throughout the end of December and January and a very brief meeting with both counsel in the last week of January, it was determined that this matter would be held by the conciliator for an additional week to allow further opportunity for the Mother to determine whether she was requesting a hearing at this time or whether the existing Order, which was to expire at the end of the first semester of this school year, would continue pending further agreement or order. Having received no further contact from the Mother or her counsel, as agreed, the conciliator submits an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator AUG 18 2008G, JACOB J. CLEMENS, SR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. R-4121 CIVIL ACTION LAW SHELLY A. YOCUM Defendant IN CUSTODY ORDER OF COURT AND NOW this \ day of S 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. All prior Orders of this Court in this matter are vacated and replaced with this Order. 2. The Father, Jacob J. Clemens, and the Mother, Shelly A. Yocum, shall have shared legal custody of Jacob J. Clemens, Jr., born February 2, 1999. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The Father shall have primary physical custody of the Child. 4. The Mother shall have partial physical custody of the Child on alternating weekends from Friday at 8:30 p.m., (or as soon as the Father can bring the Child to Pennsylvania after school/work) until Sunday at 5:00 p.m., or, if there is no school on the following Monday and the Father is able to provide transportation, through Monday at 5:00 p.m. A 5. During the summer school break, the Mother shall also have custody of the Child for one (1) full week in July and in August, with the specific dates to be arranged by agreement between the parties. The Mother's weeks of summer custody shall be scheduled to include the Mother's regular weekend period of custody. 6. The parties shall share or alternate having custody of the Child on holidays as arranged by agreement. 7. The parties shall participate in a weekly telephone call for the purpose of facilitating regular ongoing communication with regard to developments/issues concerning the Child. The Father shall contact the Mother every Thursday at 9:15 p.m., unless the parties agree on a different day and time for the scheduled telephone call. 8. The Father shall provide all transportation for exchanges of custody unless otherwise agreed between the parties. 9. The Father shall provide copies, through email or otherwise, to the Mother of all report cards, school calendars or other significant information concerning the Child. The parties shall discuss all issues related to the Child or the custodial schedule directly between the parties and shall not use the Child as a messenger for exchanges of information or requests for changes to the schedule. 10. Both parties shall ensure that the Child has adequate supervision at all times during his or her periods of custody. 11. Both parties shall ensure that the other party has his or her telephone number which is currently in operation and address on an ongoing basis. 12. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 13. This Order is entered pursuant to an agreement of the parties at a conference. The parties may modify the provisions of this Order by mutual conse mutual consent, the terms of this Order shall control. cc: Diane G. Radcliff, Esquire - Counsel for Father Jessica Hoist, Esquire - Counsel for Mother custody conciliation it. In the absence of 7- c.} TTTT'""` Cry U JACOB J. CLEMENS, SR. Plaintiff vs. SHELLY A. YOCUM Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02 Ot-4121 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jacob J. Clemens, Jr. February 2, 1999 Father 2. A custody conciliation conference was held on August 12, 2008, with the following individuals in attendance: the Father, Jacob J. Clemens, with his counsel, Diane G. Radcliff, Esquire, and the Mother, Shelly A. Yocum, with her counsel, Jessica Hoist, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ' , r a` 2--CX4 Date Dawn S. Sunday, Esquire Custody Conciliator