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: SHEILA D. YOHE, : IN THE COURT OF COMMON PLEAS
, CUMBERLAND COUNTY, PENNSYLVANIA
,
Plaintiff, ,
,
VB, ,
.
: No, 96-4957 CIVIL
,
,
. TRACY L, YOHE, ,
.
, CIVIL ACTION - LAW
,
Defendant, , DIVORCE - CUSTODY
.
AlII) _, this
OJlDD 01' COUR'l'
1" day of ~ ~ r ; (
, 1997, upon the
. consideration of the foregoing Petition and Joinder for CUstody
anc:l Visitation of Minor Child, and after due consideration
thereof, 17 I' .....y OJlDDBI) AlII) DBCIlIID that Plaintiff,
SHEILA D, YOHE, hereinafter, .Mother,. is granted physical
cu.tody of the alnor children DERRICX L, YOHE and SEAN M.
YOHE, hereinafter, Children,
Defenc:lant, TRACY L. YOHE, hereinafter, .Father,. .hall
have partial custody of the Children alternating weekenc:l. fro.
Friday evenineJ through Sunc:lay at ti... which coincide with their
work .chedule. anc:l do not interfere with the Children'. .chool
.chedule. or rea.onable bedti...,
'ather ..y have a veekenc:l evenineJ each week for the PUrpoM
of taking the Children out for dinner or pur.il'lCJ aoae other
activity,
Father and Mother will share holidays, so that quality time
each holiday is spent with both parents, Christmas Eve and New
Year's Eve will be spent with the Father and Christmas Day and
New Year's Day will be spent with the Mother. Time durinq the
balance of the holidays to be mutually aqreed upon keepinq in
mind the best interest of the Children,
Chanqes in periods of partial custody and visitation are to
be agreed upon prior to Father exercising them. Father has
responsibility of providing transportation or transporting the
Children durinq the Father's periods of partial custody unless
otherwise arranged in advance of the partial custody and
visitation,
Mother and Father shall advise each other of changes in
residence and telephone numbers.
Neither Mother or Father shall disparage the other to the
Children, it beinq understood that it is in the best intereats
of the Children that they uintain a noraal and healthy
relationship with both parente.
Mother and 'ather vBI agrM to child support to be paid by
the rather keepi1\9 in aincS the reasonable need. of the Cblldren.
SHEILA D, YOHE, , IN THE COURT OF COMMON PLEAS
,
Plaintiff, , CUMBERLAND COUNTY, PENNSYLVANIA
,
vs. ,
.
, NO. 96-4957 CIVIL
,
,
,
TRACY L, YORE, . CIVIL ACTION - LAW
,
Defendant, . DIVORCE- CUSTODY
,
STIPULATIOB .OR AN AGREED ORDIR O. CUSTODY
AND NOW,
the parties, the Plaintiff by and throuqh her
attorney and the Defendant, pro se, aqree and stipulate as follows:
1. The parties, who were married on May 5, 1990 and separated
on Auqust 23, 1996, shall have joint leqal custody of their minor
children, Derrick L. Yohe, born october 6, 1989 and Sean M. Yohe,
born Auqust 6, 1995 (hereinafter, "Children") and participate
jointly in all decisions involvinq the Children's health, education
and welfare.
2. The Plaintiff, Sheila D. Yobe, hereinafter,
("Mother,") shall have primary physical custody of the children."
3, The Defendant, Tracy L. Yobe, (hereinafter," rather,")
shall have partial phy.ical custody of the Child at such time. that
the partie. aqr.., .uch ti..s not to interfere with the Children's
School or reqularly scheduled acUvitiesl such aqree.ent not to M
unreasonably vithheld, it Minq the partie.' intent that the periods
and U..s of partial custody or visitation M l1Mrally construed.
4. Unless otherwise mutually agreed to by the parties, Father
shall have custody alternating weekends from Friday evening through
Sunday, the children to be picked up from and delivered to the
Mother's residence at times which coincide with Mother's and
Father's work schedules and do not interfere with Children's school
schedule or reasonable bedtimes,
5, Father may have a weekday evening each week for the purpose
of taking the Children out to dinner or pursuing some other
activity, the children to be returned in advance of their normal
bedtime.
6, Father and Mother viII share holidays in such a way that
some quality time each holiday is spent vith both parents, It is
contemplated that Christaas Eve and Nev Year's Eve viII be spent
vith the Father and Christmas Day and New Year'. Day will be spent
vith the Mother. Ti.e during the balance of the holidays to be
mutually agreed upon keeping in mind the vishe. and vell being of
the children,
7. Additional provisions are agreed upon as follova:
(a) Chang.s in periods of partial custody and visitation are
to be agreed upon prior to Father's ..ercising them,
(b) rather shall haY1l the r.sponsibility of prOViding the
transportation or transporting the Children during the periods of
the rather's partial custody or visitation unless otherwise
arranged in advance of the partial custody and visitation,
, .
Cc) The parties shall advise each other of change. of
residence, telephone numbers,
Cd) The parties will exercise ordinary courtesy in advising
one another in a timely manner of either their delay or their
inability to exercise any agreed upon partial custody or visitation
under this agreement,
Ce) Neither parent shall disparage the other to the Children,
it being understood and agreed that it i. in the be.t interests of
the Children that they maintain a normal and healthy relationship
with both parent..
8. Father and Mother have not agreed upon child .upport to be
paid by the Father to the Mother but will deteraine this and enter
into good faith negotiations keeping in mind the rea.onable need.
of the Children.
9. Mother ha. and will continue to provide and aaintain health
insurance for the children through her eaployer,
10, This stipulation shall be entered as an Order af the Court
and reference. Count IU in a complaint in Divorce which wa. flled
in CUaberland County on Septeaber 11, 1996 at Civil '6-49~1, and
is incorporated into and ..de part of any decree ar1ainq therefroa.
,
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SHEILA D. YOHE, ,
.
.
.
Plaintiff, :
vs, .
.
:
:
TRACY L, YOHE, .
.
:
Defendant. :
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
--;
JIQ!:'7 (',,'.;t-It..
CIVIL ACTION-LAW IN DIVORCE
BOTIO. TO D.J'DID UD CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take prompt
action, You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the Court. A judgment may also be entered
against you for any other claim or relief requested in these papers
by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling. A list of marriage counselors is available in the
Office of the Prothonotary at the cuaberland County Courthouse,
Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY or THEM.
YOU SHOULD TAXI 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 FORTIf BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
Court Administrator'. Office
CUaberland County Courthou.e, 4th Floor
Courthou.e Square
Carli.le, penn.ylvania 17013
(717) :140-6200
SHEILA D. YOHE, . IN THE COURT OF COMMON PLEAS
,
. CUMBERLAND COUNTY, PENNSYLVANIA
.
Plaintiff, .
.
vs, .
.
: NO, 'I C. '/ q "'1 C""::d 7:~~
.
,
TRACY L. YOHE, .
.
.
,
Defendant. . CIVIL ACTION-LAW IN DIVORCE
.
COMPLAINT III DIVORCE
AIID HOW COMBS the Plaintiff and alleges as follows:
COUNT I - DIVORCE
1, Plaintiff is SHEILA D. YOHE, who currently resides at
85 Orchard Hills, Shermansdale, PA, Perry County, Pennsylvania
17090.
2, Defendant is TRACY L, YOHE, who currently resides at
42 Rolo Court, Mechanicsburg PA 17055.
3. Plaintiff and Defendant have been bona fide residents of
the Coamonwealth of Pennsylvania for at least six (6) months
iamediately previous to the filing of this Complaint,
4, The Plaintiff and Defendant were married on May 5, 1990 in
Perry County, Pennsylvania,
5, The parties separated on August 23, 1996, vhile residing
in Mechanic.burg, CUmberland County.
6. There vas no prior action for divorce brought by either
party.
7, Neither Party is a I1811ber of the Armed Force. of the
United State. or any of it. allie..
., The Plaintiff has been advised of the avaUability of
coun.eling and that either Party ..y coapel the other by Order of
Court to attend counseling ....ion..
9. The marriage of the parties is irretrievably broken,
10. The parties are living separate and apart and at the
appropriate time, Plaintiff will submit an affidavit alleging that
the parties have lived separate and apart for at least the time
period specified in Section 3301 (d) of the Divorce Code.
WHEREFORE, Plaintiff respectfully requests that this Honorable
Court enter a divorce pursuant to Sections 3301 (d) of the Divorce
Code,
COUNT II-EOUITABLE DI8TRIBUTIOB
11. Plaintiff incorporates by reference Paragraphs 1 through
10 of the Complaint as fully set forth herein.
12. The parties have accumulated personal property during
their marital relationship before the aforesaid separation.
WHEREFORE, Plaintiff requests that the Court enter an order
dividing the parties' marital and non-marital property between
them.
COUNT III-CUSTODY
13. The Plaintiff incorporated by reference Paragraphs 1
through 12 of the Complaint for Divorce as fully .et forth herein,.
14. Plaintiff seek. primary physical custody of DERRICK L.
YOHE, born october 6, 1989, who re.ide. with hi. .other and SEAN M.
YOHE, born Augu.t 6. 1995. who re.ide. with hi. .other.
The child, Derrick L. YOhe, va. born out of wedlock.
The child, Sean N. Yohe, va. not born out of vedlock.
The children have been in the exclusive custody of their
.other trea the date of .eparation until the pre.ent,
15. The children have resided with the following persons and
at the following addresses:
JWm
Derrick L. lohe
Dates
8-23-96 to present
6-2-96 to 8-22-96
4-2-96 to 6-1-96
5-1-95 to 4-1-96
2-1-94 to 4-30-95
1-1-94 to 2-31-94
10-6-89 to 12-31-90
JWm
Sean M, Yohe
Dates
8-23-96 to present
6-2-96 to 8-22-96
4-2-96 to 6-1-89
~ au
6
M
DATE OF BIRTH
10-6-89
With Whom
mother , aunt
mother , father
mother , aunt
mother , father
mother
mother except for one
year with mother ,
father
mother , father
DATE OF BIRTH
8-6-95
With Whom
mother
mother , father
mother , aunt
mother , father
Ridley Park
Mechanicsbuf'9, PI.
The mother of the children i. Sheila D. Yobe, Plaintiff,
Birth to 4-1-90
Address
85 Orchard Hill
Shermansdale, PI.
42 Rolo Court
Mechanicsburg, PI.
85 Orchard Hill
Shermansdale, PI.
Ridley Park
Camp Hill, PA
Elliottsburg, PI.
Carlisle, PA
Mechanicsburg PI.
Bloserville, PA
~
au
currently r..idinq at 85 Orchard Hill, Shenanadale, Perry County,
Pennsylvania 17090,
1
M
Address
85 Orchard Hill
Sherman.dale, PA
42 Rolo Court
Mechanicsbuf'9, PI.
85 Orchard Hill
Sherman.dale, PI.
She is married.
The father of the children is Tracy L. Yohe, Defendant, whose
address is 42 Rolo Court, Mechanicsburg, PA 17055.
He is married.
16. The relationship of the Plaintiff to the children is that
of mother.
17. The relationship of the Defendant to the children is that
of father.
18. Parties have 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.
Plaintiff has no information of a custody proceeding
concerning the children pending in a court of this Commonwealth.
Plaintiff does not know of a person, not a party to this
proceeding, who has physical custody of the children or claims to
have custody or visitation rights with respect to the children.
19. The mother requests physical custody of the children
because she is in a better position to provide consistent and
stable care for the children and is the parent more likely to
assure that the children have a relationship with both parents.
20. The best interest and permanent welfare of the children
vill be served by granting the relief requested because the
Plaintiff is a loving parent able to care for the children and vill
afford the children the maximum stability in her home environment.
WHEREFORE, the Plaintiff requests the court to grant Sheila D.
Yohe primary phyBical custody of the children and grant such
further relief that it shall deem proper and just,
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DAVID D. HUKILL
"nORNEY AT LAW
.
~
. BUlLA D, YOU, , IN THE COURT OF COMMON PLEAS OF
,
Plaintiff, . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
,
vs, , CIVIL ACTION - LAW
.
,
,
naCY L. YOBI, . 96-4957 CIVIL TERM
,
Defendant, , IN DIVORCE
.
11
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U'I'IDAVI'1' 01' COll8D1'l' UD
nIVD 01' 1I0000ICI 01' III'1'DI'l'IOII 'l'O R1I001l8'1'
D'rRY 01' DIVOllCI DlleRlIl OIIDIR
BBC'1'IOII 3301 la) 01' '1'HB DIVORCI CODI
ij
1. A Complaint in Divorce under section 3301(c) of the
" Divorce Code vas filed on September 7, 1996
2. The aarriaqe of Plaintiff and Defendant i. irretrievably
broken and ninety (90) days have elapsed froa the date of filinq
the Complaint.
3, I consent to the entry of a final decree of divorc..
4. I understand that I ..y 10.. riqhts concerninq aliaony,
divi.ion of property, lawyer's te.s or expense. if I do not clai.
th.. before a divorce 1& qranted.
5, I understand that I vill not be divorced until a divorce
decree is entered by the court and that a copy of the decree vill
be sent to .. i~iately atter it id tiled vith the Prothonotary,
I verity that the state..nt. ..de in this Aftidavit are true
and correct. I underatand that fal.e stat...nta her. in are ..de
subject to the penalties ot II Pa, C.B, 4lJ04 relatinq to unsworn
falsitication to authoritie..
Dated I
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DAVID D. IIUKlLL
ArrORNEY AT LAW
,----
.'
.UlLA D, YOS.,
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: q/.,- "9$"1
: NO, ~a ~'3GT CIVIL
vs,
,
.
i 'l'ItACT L, YOS.,
Defendant,
: CIVIL ACTION - LAW
: DIVORCE - CUSTODY
"
Ul'IDAVI'l' 01' CO..IDIT AlII)
DIva a. .M'I~. 0. IIft'Bl'rIO. 'l'O a.OUB8'l'
BII"l'Ry 01' A DIVORC. D.ca.. mmBR
..corIO. 3301 (e) 01' 'fBB DIVORC. COD.
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1. A Co.plaint in Divorce under section 3301(C) of the
Divorce Code vas filed on September 7, 1996
:2. The urriage of Plaintiff and Defendant ia irretrievably
broken and ninety (90) days have elapsed from the date of filing
the Coaplaint.
3. I consent to the entry of a final decree of divorce.
4. I understand that I uy lo.e rights concerning alimony,
divi.ion of property, lawyer'. fee. or expen.e. if I do not claim
the. before a divorce is granted,
5. I understand that I vill not be divorced until a divorce
decree ia entered by the Court and that a copy of the decr_ vill
be .ent to .. i_ediately after it is filed vith the Prothonotary.
I verify that the state.ent. ude in this Affidavit are true
and correct. I under.tand that false .tate..nt. herein are ude
subject to the penalties of 18 Pa, c,s. 84904 relating to unsworn
falaification to authoritie.,
Dated I 9 / /. ~/-;
,-
X -Z;;t4~ ~'(&
Tracy.Jr. Yohe ,
Defendant
SWorn and .ubecrl~ to
~.. this If~ - ~y
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SHBILA D, YOHE, : IN THB COURT OF COMMON PLEAS OF
Plaintiff , CUMBERLAND COUNTY, PBNNSYLVANIA
.
:
v. : CIVIL ACTION - LAW
:
TRACY L, YOHB, :
Defendant : NO, 96-4957 CIVIL TBRM
ORDER OF COURT
AND NOW, this 't ti. day of April, 1997, upon consideration of
the praecipe to transmit record filed in the above-captioned case
on behalf of plaintiff, and it appearing that the required notice
of intention to request entry of divorce decree required under Poll,
R,C,P. 1920,42(d)(1) was not served, and that no waivers of such
notice as authorized under Poll, R.C.P. 1920,21(e) _re filed, a
divorce decree will not be entered at this time, without prejudice
to either party's right to correct the deficiency and file a new
praecipa to transmit record,
BY THE COURT,
J,
David D, Hukill, Bsq.
P.O, Box 524
Carliale, PA 17013
Attorney for Plaintiff
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