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HomeMy WebLinkAbout00-05988 "0 _,_ _~ ,,~__ ~. ~ V "__'~'~'__""'_""'"~'"'."'~'"'''''''' '~'_"> " ~ JAMES EVELHOCH, III, On Behalf of His Minor Children Gloria Sue Evelhoch: and Ashlee Nichole Evelhoch,: Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW PROTECTION FROM ABUSE ELLEN M. EVELHOCH, Respondent 00-5988 CIVIL TERM IN RE: PETITION DENIED; TEMPORARY ORDER VACATED ORDER OF COURT AND NOW, this 5th day of September, 2000, the petition of James Evelhoch, III, for entry of a Protection From Abuse Order against Ellen Evelhoch, IS DENIED, and the temporary order of August 30, 2000, IS VACATED. James Kayer, Esquire for the Petitioner family Law Clinic for the Respondent >~~ 9-/?r(J1) '-j--- '0 It .~ / ~ fsf ~&.:i. ~ '" ! I !i : '" . .. - . ~~ , .' -, ,,) ('/:') ; ~ '_I '.' . . /'.;'1 iD: 1[" , -, '" ..~ _ ,,',Lj ~~CJ(JNTY j';i::.i\ff\;S\,/1 \,i,';,,,\!ii\ - " .'!, =~ ..>,~," - ",..._~rM~~'Ill1I~~~lI'lf-!~~~"~ =--."""" '" ",,,, ~~"i' , , 09/13/00 WED 12:07 FAX 717 240 6573 CUMB CO PROTHONOTARY 141001 . , #. TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIllIE USAGE T PGS. RESULT $*$$*******$*******$* *** TX REPORT *** ********************* 2162 92405331 09/13 12:06 00'55 2 OK ~..{ f?~<"'''7' "'==-~ .1-- ,-,,_ ^ " 09/13/00 WED 12:04 FAX 717 240 6573 ,. coo CO PROTHONOTARY 1i!J001 . ********************* *** TX REPORT *** ********************* TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT 2161 92490779 09/13 12:03 01'03 3 OK :J-~ i, f. s ,P JAMES EVELHOCH, III, On Behalf of his minor children Gloria Sue Evelhoch and Ashley Nichole Evelhoch, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 2000- S'C;W CIVIL ELLEN M. EVELHOCH, Respondent : PROTECTION FROM ABUSE RULE TO SHOW CAUSE AND NOW, this J () ~ay of August, 2000, upon consideration of the within Petition, and on motion of the Petitioner, a rule is granted on the Respondent to show cause why the relief requested in Petitioner's Petition for Relief Under Protection From Abuse should not be granted. TillS RULE shall be returnable at a hearing scheduled for the 5(1< day of September, 2000 at /(:30 0' clock lL.M. in Courtroom ~ of the Cumberland County Courthouse, Carlisle, P A. J. cc: James J. Kayer, Esq. Attorney for Petitioner Family Law Clinic Attorney for Respondent I , HJ;";'""''''__lt'4t~!Mm~~A~Mill04~M;I~~~1iIij!ti ., J _~,~. ~,~ ,,",e ," .-" ,ie-T,-', "-,'--.,,, _TI"__,., .' ~__'hjj.l""- o c:: ;c- "T]-c'; nlC'J fT< 2~; ~~:; r:::i" ~ .,~ jg~] ~;- z. =< -~-'" 'cO ..~ ~" ~ " :'fl 'D C) r-. -~ ::~ '- ,:t) Lr.) c::::' ~,c. '" ... " II , .._..< ,.)'" ":-';,' .f.., .".,":~, '. ... JAMES EVELHOCH, III, On Behalf of his minor children Gloria Sue Evelhoch and Ashley Nichole Evelhoch, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW : NO. 2000- 'Yin' CIVIL ELLEN M. EVELHOCH, Respondent : PROTECTION FROM ABUSE TEMPORARY ORDER UNDER THE PROTECTION FROM ABUSE ACT AND NOW, this.31--t+aay of August, 2000, upon motion ofthe Petitioner and upon .dnsideration of the within Petition for Reli~!Ul.Q iurthel, tll'6n PeatisFlsr's SRS\'TJ!.g &tHing BR 'ilK F~..tA ~ I'fC'<:''ileel:i:ns tQ 1;Ile CVULl'~ oaiicfnrtinn .hot tb\mr i~ llR ill'lmeiiliat@ !1.J l'H'~"llL dWIl;;"I v, /lBtr.lC, to i/,tJ .Eetitjnn~~'~ mi"l.'r shililnlR, 1;Ile- following Temporary Protection Order is hereby entered: r I. The respondent, Ellen M. Evelhoch, is directed to refrain from attempting to cause bodily injury upon any of the Petitioners; 2. The Respondent, Ellen Evelhoch is directed to prevent any of the Petitioners from being subjected to violence from any other individuals, particularly, her housemate Larry Woodall, Jr.; /~ 1 T.hi3 COULl'~ OIalllllf },UgHDt 28, ::1000 ~~F'innE,rl .,00_17" is Ilefe~y .~"t,"d. Y...ti.titlu...,,-... \..sJIf' ( -t-dlnes .b,...IJ.vc,h, III ~1t.dl he"" /:t;l11l'u,~y lt1~tti!IRQ telRilQl.'QI3' ~nl~ FRysisal ettotaay of dI" ndmx I'hl1t1rp.n nntil ~ 8Id,,-,.l vi me L,;ou.re . 4. This Temporary Protection Order shall remain in effect only until the date of the final hearing of the Petitioner's Petition for Relief which shall be fixed within ten days of the filing of Petitioner's Petition. A true and correct copy of this Order shall be made upon Respondent by the Sheriff and shall be mailed to the Marysville Police Department and Newville Police Department, those departments having jurisdiction over the parties. ~, - ~. ,",. . , I . ~~~N,*M0~Si!;r$~~M~'!!11~i&n~J~~LlfiL~"'1PM._'!!1""J..4)'---"'"''''~~~-.!!11.'U'1l1i:i:I~j""":~\-irJ-": . -~~li"l!1 (') C ~~~ Z,-,. ZC (fl.,-.- -< . ~C;. $0 );::;i~ :;:::~ ::;! C::J ..:.,::) }O~" ~;-) c , w Ci :.n 'D i I ~- --j ::;;! :0 -< 'u' ... c ;"</-' -:e'. _"v_~_',L- -- _' ,~ -.< ~o , 5. Any Violations of this order will subject the violating party to punishment for contempt. BY THE CJBRT, , c . \ ~ ! ^ t ~~ cc: James J. Kayer, Esq. Attorney for Petitioner Family Law Clinic Attorney for Respondent J. \ ~~~j~Q-~n-il1t<'iA<~~ii!:i\\\~_IIi\l-~~~Jl~M:iiW~i:~-iM;W~~"'ll ['lI."lii!'fM: -~~ i' . ~.!'i _v ~ "r ~ r ~ ~ :'i' 1"';- ~ I" ~ ~~ ~. ~ ~ ~I ~ C::j) f r ~ r r~ ~ ~ ~-b cf~~ t'~. u:. . -. --. \:-". 0', 1>:t:, ~ ." ," 1"1" ,; -",,"'-'J.;,,;'- c~ <? c ~- ~ ...oc:,-~ . rn G~', ';:;S 2.t~~. ~, <:2.~/. s;::C ;t,.Co ;?; 0 -" ?C Z. c,f1 ::( \.0 . ,,---, ,-",'..j \-)["') ;(_-jrC\ .~~. ::P =< 08/30/00 WED 15:30 FAX 717 240 6573 <_ ,-,1,". ,,'" , CUMB CO PROPIONOTARY ~001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT *$******************* *** TX REPORT *** ********************* 2123 92490779 08/30 15:27 03'45 5 OK '. '" w~,~ 08/30/00 WED 15:35 FAX 717 240 6573 CuMB CO PROTHONOTARY 141001 ********************* *** TX REPORT *** ********************* TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TUIE USAGE T PGS. RESULT 2124 92405331 08/30 15:31 03'46 5 OK ~~ . , ,,,,,:1< ',-,-, "__,i". C'. ." ,'" -r-2i~I, JAMES EVELHOCH, III, On Behalf of his minor children Gloria Sue Evelhoch and AsWey Nichole Evelhoch, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 2000- 59 i'f' CIVIL ELLEN M. EVELHOCH, Respondent : PROTECTION FROM ABUSE PETITION FOR RELIEF UNDER PROTECTION FROM ABUSE ACT TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of JAMES EVELHOCH, III, by and through his attorney, James J. Kayer, Esquire, respectfully represents: I. This petition is filed pursuant to the "Protection from Abuse Act" P.L. 1090, No. 218, October 7,1976,35 P.S. Sections 10181 et seq. and 1978 Amendments thereto, Act No. 1978-81. 2. The Petitioner is James A. Evelhoch, III, whose current address is 100B Verbeke Street, Marysville, Pa 17053. Petitioner presently resides with Jamie Wilt, Fiancee. 3. The Respondent is Ellen Evelhoch, who presently resides at I South High Street, Newville, Pa., 17241. Respondent presently resides with Larry Woodall, Jr., respondent's boyfriend and his daughter Tabitha L. W oodaJ, and the parties' children, Gloria Sue Evelhoch, born July 20, 1992 and AsWee Nichole Evelhoch, born January 13, 1994. 4. The Petitioner is the father of two children, Gloria Sue Evelhoch, born July 20, 1992 and AsWee Nichole Evelhoch, born January 13, 1994. 5. The parties are husband and wife, having been married on April 7, 1990. The Respondent has commenced a divorce and a complaint has been filed at Docket # 2000-3733 in the Cumberland County Court of Common Pleas. They have lived separate and apart since April 8, 1999. 6. The Respondent has filed a Petition for Special Relief seeking emergency custody on August 28, 2000 and on August 28, 2000 this Honorable Court issued an Order granting the respondent temporary legal and temporary sole physical custody until further Order of Court. A copy of this Order is attached hereto and incorporated herewith and is designated as Exhibit "A". 7. Respondent's live-in boyfriend, Larry Woodall, Jr., has physically abused the Respondent repeated occasions causing the Respondent on at least one occasion to initiate her own Protection From Abuse Petition, only later to withdraw it. 8. In April, 2000 the Respondent's boyfriend, Larry Woodall, Jr., verbally and physically threatened Gloria Evelhoch and Ellen Evelhoch with a knife. 9. On or about May 10, 1999 the Respondent called Petitioner to pick up the children because she was being physically abused and didn't want the girls there to see this or exposed to any danger. 10. On or about June 10, 1999, the Respondent called Petitioner called the Petitioner at his place of his employment indicating she had been abused by her boyfriend again. As a result, the Petitioner took the children from the home for their safety and went to a motel. 11. Between June 1999 and October 1999, while Respondent and her boyfriend resided in Chambersburg, the Chambersburg police department were called in to respond to 4 separate incidents of domestic violence in the Respondent's home allegedly perpetrated by the Respondent's boyfriend, Larry Woodall, Jr. 12. On or about January 15,2000 when the Petitioner went to pick up his children he was confronted by Larry Woodall, who indicated to him that he was "out of prison and ready to fight". The Petitioner responded to Mr. Woodall that he would "not stoop to your level", returned to his car and departed. The parties' children observed this confrontation. 13. During August, 2000 the family dog that had been kept at the Respondent's home was turned ',- over to the Petitioner's home for that animal's safety due to the physical abuse that it had suffered at the hands of Respondent's boyfriend. 14. The Newville Police Department is currently investigating allegations of abuse at the hands of the Respondent's boyfriend for alleged incidents of abuse that have occurred regularly since January, 2000. On August 27, 2000 Corporal Martin of the Newville Police Department obtained Affidavits under oath from the parties' children as part of this investigation. WHEREFORE, the Petitioner respectfully prays for the entry of a Protection Order granting the the petitioner temporary physical custody of the children until the time of the September 5,2000 hearing, at which time custody of the minor children be removed from the mother's home and Larry Woodall, Jr. Respectfully submitted, Dated: .113 D ,2000 -.;.,^ ",'.--- -~' " Lii- VERIFICATION OF PLEADINGS The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. The language of the document may, in part, be the language of my counsel and not my own. I have read the statements made in this docwnent and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the statements are that of counsel, I have relied upon counsel in making this Verification. I understand that false statements herein are made subject to the penalties of 18 P A. C.S. S 4904, relating to unsworn falsification to authorities. Date:7/~(j /00 ~~A~R ',-- '., _'f',"cc_ "."". .L ELLEN M. EVELHOCH, Petitioner ... :IN THE COURT OF COMMON PLEAS OB. :CUMBERLAND COUNTY, PENNSYL V ANll\ .I,' v. : CIVIL ACTION- LAW : CUSTODY JAMES A. EVELHOCH, ill, Respondent :NO. 00-3733 CIVIL TERM ORDER OF COURT AND NOW, this JgtndayOf a~/A LJL-, 2000, upon consideration of the attached Petition for Special Relief, it is hereby Ordered as follows: I. The Petitioner, Ellen M. Evelhoch, shall have temporary legal and temporary sole physical custody of her minor children, Gloria Sue Evelhoch, born July 20, 1992, and Ashlee Nicole Evelhoch, born January 13, 1994, until further Order of the Court. 2. Respondent shall return Gloria Sue Evelhoch to Petitioner immediately. 3. The Cumberland County Sheriff shall deputize the Perry County Sheriff to serve this Order on Respondent and to effectuate the immediate return of Gloria Sue Evelhoch to 4. Petitioner. A hearing regarding this Petition for Special Relief is hereby scheduled for the oM day of ~ 2000 at /1; 36 o'clock!.M in Courtroom Number ~, Cumberland County Courthouse, Carlisle, Pennsylvania 17013, at which time the parties, along with their legal counsel, shall appear in person. BY THE COURT, TRUE COpy FROM RECORD In Testimony wnereof, " here unto set my haoo and the seaJ of said Cou at Carlisle Pa Thi D:'f'l1:1 . . y . ., /JLf~B-13"1 ~ [xr<1 b~\- "1\' '0 ",L"' '. , ',-' . -"j- ."~~ , '~ -< J, ELLEN M. EVELHOCH, Petitioner , "-'1 :IN THE COURT OF COMMON PLEAS OF " :CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION- LAW : CUSTODY (') c: ~ -n ~?r'~ ri'lrT\ ;:~ ~:;:J 3;;r,;.~ :";") N (;.-0 <=) P 1',:1>1 JAMES A. EVELHOCH, III, Respondent :NO. 00-3733 CIVIL TERM G ~:~ c! :0;:(~) PETITION FOR SPECIAL RELIEF SEEKING EMERGENCY CUSTOm L... PURSUANT TO PA R.C.P.1915.13 =<' AND NOW, this 28th day of August, 2000, pursuant to Rule 1915.13 of the Pennsylvania Rules of Civil Procedure, comes the Petitioner, Ellen M. Evelhoch, by her attorneys, the Family Law Clinic, seeking emergency custody of the minor children, Gloria Sue Evelhoch, born July 20, 1992, and Ashlee Nicole Evelhoch, born January 13, 1994. Petitioner states the following in support of her Petition for Special Relief: 1. The petitioner is Ellen M. Evelhoch, an adult individual who resides at 1 South High Street, Newville, Cumberland County, Pennsylvania 17241. 2. The respondent, James A. Evelhoch, III, is an adult individual who resides at lOOB Verbecke Street, Marysville, Perry County, Pennsylvania 17053. 3. The petitioner is the biological mother (hereffiafter "Mother") of the minor childr~n, Gloria Sue Evelhoch, born July 20, 1992 (hereinafter Gloria), and Ashlee Nicole Evelhoch, born January 13, 1994 (hereinafter Ashlee). 4. The respondent is the biological father (hereinafter "Father") of Gloria and Ashlee. 5. Mother has been the primary caretaker of the children since their births, having done most of the changing of diapers, bathing, dressing, and feeding of the children. 1 ~.<, n ~:h -'. ~ ,~., }J -c; ~'-:;8 ,--', , I,() :i~;t~ :'i~ :0 -< .~~.~ r;: 'J1 (,:) ., . . , L.h ::__,_ - ~~,",' .',; ',,'._ 6. Since the separation of Mother and Father on April 1, 1999, the children have lived with , Mother. "~l " 7. Since September, 1999, based upon an oral agreement between Mother and Father, Father has had partial custody of the children every other weekend. 8. Under the oral agreement, Mother has had primary physical custody of the children, and Father has had partial physical custody of the children every other weekend, from noon on Saturday to 5: OOp.m. on Sunday during the school year, and from noon on Saturday to noon on Monday during the summer. The parties agreed to exchange the children at a location neutral to both parties. The current place of exchange is Bubb's Auto Service and Sales, located at 3299 Ritner Highway, Newville, Cumberland County, Pennsylvania. 9. In accordance with the agreement, Father obtained the children at noon on Saturday, August 26, 2000. Because school began on August 28, 2000, Father was to return the children by 5:00 p.m. on Sunday, August 27,2000. 10. At approximately 11:30 a.m. on Sunday, August 27,2000, Father called Mother's house and told Mother's boyfriend, Larry R. Woodal, that Father was not going to return the children. Mother called Father to ask him to explain, but Father refused. 11. Despite their earlier conversation, Mother wenttp the place of exchange at 4:45 p.m.. She waited until 5: 15 p.m. for Father to arrive with the children. 12. Because Father did not arrive at the place of exchange, Mother traveled to Father's house, where she found the children outside with Father and his girlfriend, Jamie Wilt. When Mother and Larry Woodal got out of the car, Ms. Wilt forcibly pulled Gloria into a neighbor's house. Father and Mother then had a physical altercation o:ver Ashlee, who 2 , ,. ;' ,..' ,~' , ";,--,,,. . '" "':' ""-"""<C' ,', ~ ." was outside and crying. Ultimately, Ashlee ran into Mother's car. Father then told , "'\ Mother that Gloria was staying with him, and Mother, Mr. W oodal, and Ashlee went ", home. 13. Father has disrupted the status quo by not complying with the oral agreement and refusing to return the children to Mother after their weekend visit. 14. Ashlee and Gloria are enrolled in the Newville Elementary School for the 2000-2001 school year. A copy of their enrollment record is attached as Exhibit A. 15. Classes began at the Newville Elementary School on Monday, August 28, 2000. 16. Mother did not allow Ashlee to attend the fIrst day of classes out of fear that Father would remove Ashlee from school. 17. Upon information and belief, Gloria has not attended school as a result of Father's actions. 18. Father is a truck driver. Due to his work schedule, he is out of the house every week day evening, beginning around 5:00 or 5:30 p.m. until 10:30 a.m. the next morning. As a result, Father's girlfriend, Jamie Wilt, would be caring for the children if the children were residing in Father's house. 19. Father has threatened to remove the children from the Commonwealth of Pennsylvania. Jamie Wilt has family living in Maryland. 20. Mother believes and avers that it is in the best interests of the minor children that Mother be granted temporary legal and temporary sole physical custody of the children Gloria Sue Evelhoch, and Ashlee Nicole Evelhoch, until further Order of Court, because: a) she has been the primary caretaker of the children during their entire lives; 3 , -"",' ~ - ". ~l '- - ..-.~ b) she lives in the school district in which the children are enrolled for the 2000- , "~I' 200 I school year; c) Father's actions have disrupted the status quo; d) Father's actions have interfered with the childrens' schooling and have separated the siblings; e) Petitioner, a parent, should care for her children, rather than a non-parent, Jamie Wilt; and f) Father has threatened to remove the children from the Commonwealth of Pennsylvania. WHEREFORE, the Petitioner, Ellen M. Evelhoch, respectfully requests that this Honorable Court enter an Order in the form attached hereto, providing that the Petitioner shall have temporary legal and temporary sole physical custody of the children, ordering Respondent to return Gloria Sue Evelhoch to Petitioner immediately, ordering the Cumberland County 4 .". . , .k'n'-, .",:..~ '~~~ ,*, - _ ,d", ,,," ~'t. Sheriff to deputize the Perry County Sheriff to serve the Order on Respondent and to effedtuate , . "\i the immediate retum of Gloria Sue Evelhoch to Petitioner, and setting a date and time for a hearing on Petitioner's Petition for Special Relief. Respectfully submitted, \ ,'\/\) ..:.,', ,.-.."wo'\ .....__ i,., /. /) , ( /1/lt; ///"/ ,. ./ i I ........- 'i' ,'" ,dl .", j'-" . '.,.',,""\ . ,n,; '.' \~ Marcy Wright '-.. - . \ ; Certified L~gal Intern . -- '-::J' .! ~J ,- .~. 1-/' ROBERT E. RAINS THOMAS M_ PLACE TERI 1. HENNING Supervising Attorneys Date FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 5 ~" ' , - ", -, - ~,,-- ',-, " ~ .~ {. VERIFICATION '\',. I verify that the statements made in the foregoing Petition for Special Relief are true and correct, to the best of my knowledge, information and belief. I understand that making any false statement would subject me to the penalties of 18Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: ,1'-. ,,' <;:. 0 I) ~ /<J cC'/1/ ,.-/ .. r//:.y,. ,~.-;.'. I :.' . /. / . ,/ //.. ~., /.,/ ;1 i./! ...,{J /-<.-7 :/1 JAMES EVELHOCH, III, On Behalf of his minor children Gloria Sue Evelhoch and Ashley Nichole Evelhoch, Petitioner VS. ELLEN M. EVELHOCH, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : 4o. 2000- 5 ig/ : : PROTECTION FROM ABUSE CIVIL TEMPORARY ORDER UNDER THE PROTECTION FROM ABUSE ACT AND NOW, this.~.)_' clay of August, 2000, upon motion of the Petitioner and upon _~onsideration of the within Petition for Relief and fur~hcr, upon P~titionor's showing during e" ~x ~/~~ to tho Cx, o~t', ~,X4£factiov that there i£ zn imm~diata rum l)l~bUllt d~dlI~l Oi ~ttuo~, Iv Petitlnn~r'g ,~i,,or chi!J ._, the following Temporary Protection Order is hereby entered: 1. The respondent, Ellen M. Evelhoch, is directed to refrain from attempting to cause bodily injury upon any of the Petitioners; 2. The Respondent, Ellen Evelhoch is directed to prevent any of the Petitioners from being subjected to violence from any other individuals, particularly, her housemate Larry Woodall, Jr.; Jm~. ~ Cbm ['~ O'idcr of August 28, 2900 c~p~icmecl at nes Ew. tl.6d,, III ~hall hay, tClllp~Oiorj legal and temporary ,children nntil furtl~r ord~ ol me ~;omt-. 4. This Temporary Protection Order shall remain in effect only until the date of the final heating of the Petitioner's Petition for Relief which shall be fixed within ten days of the filing of Petitioner's Petition. A true and correct copy of this Order shall be made upon Respondent by the Sheriffand shall be mailed to the Marysville Police Department and Newville Police Department, those departments having jurisdiction over the parties. 5. Any Violations of this order will subject the violating party to punishment for contempt. cc: James J. Kayer, Esq. Attorney for Petitioner Family Law Clinic Attorney for Respondent 08/30/00 WED 15:30 FAX 717 240 6573 CUMB CO PROTHONOTARY $** TX REPORT ~ 001 TRANSMISSION OK TX/RX N0 CONNECTION TEL CONNECT]ON ID ST. TIME USAGE T PGS. RESULT 2123 92490779 08/30 15:27 03'45 5 OK 08/30/00 WED 15:35 FAX 717 240 6573 CUM]{ CO PROTHONOTARY ~001 *** TX REPORT TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT 2124 08/30 15:31 03'46 5 OK 92405331 JAMES EVELHOCH, III, On Behalf of his minor children Gloria Sue Evelhoch and Ashley Nichole Evelhoch, Petitioner VS. ELLEN M. EVELHOCH, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2000- 3'qtt"l? CIVIL : : PROTECTION FROM ABUSE PETITION FOR RELIEF UNDER PROTECTION FROM ABUSE ACT TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of JAMES EVELHOCH, III, by and through his attorney, James J. Kayer, Esquire, respectfully represents: 1. This petition is filed pursuant to the "Protection from Abuse Act" P.L. 1090, No. 218, October 7, 1976, 35 P.S. Sections 10181 et seq. and 1978 Amendments thereto, Act No. 1978-81. 2. The Petitioner is James A. Evelhoch, III, whose current address is 100B Verbeke Street, Marysville, Pa 17053. Petitioner presently resides with Jamie Wilt, Fiancee. 3. The Respondent is Ellen Evelhoch, who presently resides at 1 South High Street, Newville, Pa., 17241. Respondent presently resides with Larry Woodall, Jr., respondent's boyfriend and his daughter Tabitha L. Woodal, and the parties' children, Gloria Sue Evelhoch, bom July 20, 1992 and Ashlee Nichole Evelhoch, bom January 13, 1994. 4. The Petitioner is the father of two children, Gloria Sue Evelhoch, bom July 20, 1992 and Ashlee Nichole Evelhoch, bom January 13, 1994. 5. The parties are husband and wife, having been married on April 7, 1990. The Respondent has commenced a divorce and a complaint has been filed at Docket # 2000-3733 in the Cumberland County Court of COmmon Pleas. They have lived separate and apart since April 8, 1999. 6. The Respondent has filed a Petition for Special Relief seeking emergency custody on August 28, 2000 and on August 28, 2000 this Honorable Court issued an Order granting the respondent temporary legal and temporary sole physical custody until further Order of Court. A copy of this Order is attached hereto and incorporated herewith and is designated as Exhibit "A". 7. Respondent's live-in boyfriend, Larry Woodall, Jr., has physically abused the Respondent repeated occasions causing the Respondent on at least one occasion to initiate her own Protection From Abuse Petition, only later to withdraw it. 8. In April, 2000 the Respondent's boyfi'iend, Larry Woodall, Jr., verbally and physically threatened Gloria Evelhoch and Ellen Evelhoch with a knife. 9. On or about May 10, 1999 the Respondent called Petitioner to pick up the children because she was being physically abused and didn't want the girls there to see this or exposed to any danger. 10. On or about June 10, 1999, the Respondent called Petitioner called the Petitioner at his place of his employment indicating she had been abused by her boyfriend again. As a result, the Petitioner took the children from the home for their safety and went to a motel. 11. Between June 1999 and October 1999, while Respondent and her boyfriend resided in Chambersburg, the Chambersburg police department were called in to respond to 4 separate incidents of domestic violence in the Respondent's home allegedly perpetrated by the Respondent's boyfriend, Larry Woodall, Jr. 12. On or about January 15, 2000 when the Petitioner went to pick up his children he was confronted by Larry Woodall, who indicated to him that he was "out of prison and ready to fight". The Petitioner responded to Mr. Woodall that he would "not stoop to your level", returned to his car and departed. The parties' children observed this confrontation. 13. During August, 2000 the family dog that had been kept at the Respondent's home was turned over to the Petitioner's home for that animal's safety due to the physical abuse that it had suffered at the hands of Respondent's boyfriend. 14. The Newville Police Department is currently investigating allegations of abuse at the hands of the Respondent's boyfriend for alleged incidents of abuse that have occurred regularly since January, 2000. On August 27, 2000 Corporal Martin of the Newville Police Department obtained Affidavits under oath from the parties' children as part of this investigation. WHEREFORE, the Petitioner respectfully prays for the entry of a Protection Order granting the the petitioner temporary physical custody of the children until the time of the September 5, 2000 hearing, at which time custody of the minor children be removed from the mother's home and Larry Woodall, Jr. Dated: Respectfully submitted, Carlisle, PA 17013 (717) 243-7922 VERIFICATION OF PLEADINGS The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. The language of the document may, in part, be the language of my counsel arid not my own. I have read the statements made in this document and to the extent that it is based upon information wtfich I have given to my counsel, it is tree and correct to the best of my 'knowledge, information and belief. To the extent that the contents of the statements are that ofcounseI, I have relied upon counsel in making this Verification. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. § 4904, relating to uusworn falsification to authorities. Date: ELLEN M. EVELHOCH, Petitioner JAMES A. EVELHOCH, III, Respondent :IN THE C6URT OF COMMON PLEAS :CUMBERLAND COUNTY, PEN SYLVANI~.~ :CIVIL ACTION- LAW :CUSTODY :NO. 00-3733 CIVIL TERM ORDER OF COURT AND NOW, this c~qday of ~ ~'"~-- , 2000, upon consideration ofthe attached Petition for Special Relief, it is hereby Ordered as follows: The Petitioner, Ellen M. Evelhoch, shall have temporary legal and temporary sole physical custody of her minor children, Gloria Sue Evelhoch, bom July 20, 1992, and Ashlee Nicole Evelhoch, bom January 13, 1994, until further Order of the Court. Respondent shall return Gloria Sue Evelhoch to Petitioner immediately. The Cumberland County Sheriff shall deputize the Pony County Sheriffto serve this Order on Respondent and to effectuate the immediate return of Gloria Sue Evelhoch to Petitioner. A heating regarding this Petition for Special Relief is hereby scheduled for the .~'1~.,'~, 2000 at/]:~C) o'clock ~;:M in Courtroom Number day of ' ' Cumberland County Courthouse, Carlisle, Pennsylvania 17013, at which time the parties, along with their legal counsel, shall appear in person. TRUE COPY FROM RECORD tn Testimony wr~ereof, i here unto set my [ / ~rothonotarv BY THE COURT, /~t ~,~ ~, ~,~j. ELLEN M. EVELHOCH, Petitioner JAMES A. EVELHOCH, I12, Respondent :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION- LAW C2 :CUSTODY :NO. 00-3733 CIVIL TERM AND NOW, this 28th day of August, 2000, pursuant to Rule 1915.13 of the Pennsylvania Rules of Civil Procedure, comes the Petitioner, Ellen M. Evelhoch, by her attorneys, the Family Law Clinic, seeking emergency custody of the minor children, Gloria Sue Evelhoch, bom July 20, 1992, and Ashlee Nicole Evelhoch, bom January 13, 1994. Petitioner states the following in support of her Petition for Special Relief: 1. The petitioner is Ellen M. Evelhoch, an adult individual who resides at 1 South High Street, Newville, Cumberland County, Pennsylvania 17241. 2. The respondent, James A. Evelhoch, III, is an adult individual who resides at 100B Verbecke Street, Mawsville, Perry County, Pennsylvania 17053. 3. The petitioner is the biological mother (hereinafter "Mother") of the minor children, Gloria Sue Evelhoch, born July 20, 1992 (hereinafter Gloria), and Ashlee Nicole Evelhoch, bom January 13, 1994 (hereinafter Ashlee). 4. The respondent is the biological father (hereinafter "Father") of Gloria and Ashlee. 5. Mother has been the primary caretaker of the children since their births, having done most of the changing of diapers, bathing, dressing, and feeding of the children. PETITION FOR SPECIAL RELIEF SEEKING EMERGENCY CUSTOD).3( PURSUANT TO PA 1LC.P. 1915.13 10. 11. 12. Since the separation of Mother and Father on April 1, 1999, the children have lived with Mother. Since September, 1999, based upon an oral agreement between Mother and Father, Father has had partial custody of the children every other weekend. Under the oral agreement, Mother has had primary physical custody of the children, and Father has had partial physical custody of the children every other weekend, from noon on Saturday to 5:00p.m. on Sunday during the school year, and from noon on Saturday to noon on Monday during the summer. The parties agreed to exchange the children at a location neutral to both parties. The current place of exchange is Bubb's Auto Service and Sales, located at 3299 Palmer Highway, Newville, Cumberland County, Pennsylvania. In accordance with the agreement, Father obtained the children at noon on Saturday, August 26, 2000. Because school began on August 28, 2000, Father was to return the children by 5:00 p.m. on Sunday, August 27, 2000. At approximately 11:30 a.m. on Sunday, August 27, 2000, Father called Mother's house and told Mother's boyfriend, Larry R. Woodal, that Father was not going to return the children. Mother called Father to ask him to explain, but Father refused. Despite their earlier convocation, Mother went to the place of exchange at 4:45 p.m.. She waited until 5:15 p.m. for Father to arrive with the children. Because Father did not arrive at the place of exchange, Mother traveled to Father's house, where she found the children outside with Father and his girlfriend, Jamie Wilt. When Mother and Lmxy Woodal got out of the car, Ms. Wilt forcibly pulled Gloria into a neighbor's house. Father and Mother then had a physical altercation over Ashlee, who 2 13. 14. 15. 16. 17. 18. 19. 20. was outside and crying. Ultimately, Ashlee ran''int° Mother's car. Father then told Mother that Gloria was staying with him, and Mother, Mr. Woodal, and Ashlee went home. Father has disrupted the status quo by not complying with the oral agreement and refusing to return the children to Mother after their weekend visit. Ashlee and Gloria are enrolled in the Newville Elementary School for the 2000~2001 school year. A copy of their enrollment record is attached as Exhibit A. Classes began at the Newville Elementary School on Monday, August 28, 2000. Mother did not allow Ashlee to attend the fzrst day of classes out of fear that Father would remove Ashlee from school. Upon information and belief, Gloria has not attended school as a result of Father's actions. Father is a truck driver. Due to his work schedule, he is out of the house every week day evening, beginning around 5:00 or 5:30 p.m. until 10:30 a.m. the next moming. As a result, Father's girlfriend, Jamie Wilt, would be caring for the children if the children were residing in Father's house. Father has threatened to remove the children from the Commonwealth of Pennsylvania. Jamie Wilt has family living in Maryland. Mother believes and avers that it is in the best interests of the minor children that Mother be granted tempormy legal and temporary sole physical custody of the children Gloria Sue Evelhoch, and Ashlee Nicole Evelhoch, until further Order of Court, because: a) she has been the primary caretaker of the children during their entire lives; 3 b) she lives in the school district in which ~e children are enrolled for the 2000- 2001 school yea~, c) Father's actions have disrupted the status quo; d) Father's actions have interfered with the childrens' schooling and have separated the siblings; e) Petitioner, a parent, should care for her children, rather than a non-parent, Jamie Wilt; and f) Father has threatened to remove the children from the Common~vealth of Pennsylvania. WHEREFORE, the Petitioner, Ellen M. Evelhoch, respectfully requests that this Honorable Court enter an Order in the form attached hereto, providing that the Petitioner shall have temporary legal and tempormy sole physical custody of the children, ordering Respondent to return Gloria Sue Evelhoch to Petitioner immediately, ordering the Cumberland County 4 Sheriff to deputize the Perry County Sheriffto serve the Order on Respondent and to effeCtuate the immediate return of Gloria Sue Evelhoch to Petitioner, and setting a date and time for a hearing On Petitioner's Petition for Special Relief. Date Respectfully submitted, ( i,':. , ? / / ~...j .~,,,/,,.~,. I~ ,.~ ., .. ,. Marcy Wright '~x ' Cer!ifi.~.~gal Intern ROBERT E. ~S THO~S M. PLACE TE~ L. ~G Supe~is~g A~omeys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 5 VERIFICATION ".S, I yerify that the statements made in the foregoing Petition for Special Relief are true and correct, to the best of my knowledge, information and belief. I understand that making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Date: Ellen M. Evelhoch JAMES EVELHOCH, III, On Behalf of his minor children Gloria Sue Evelhoch and Ashley Nichole Evelhoch, Petitioner VS. ELLEN M. EVELHOCH, Respondent IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW NO. 2000- ff9~-~ CIVIL PROTECTION FROM ABUSE RULE TO SHOW CAUSE AND NOW, this .~0 (~day of August, 2000, upon consideration of the within Petition, and on motion of the Petitioner, a rule is granted on the Respondent to show cause why the relief requested in Petitioner,s Petition for Relief Under Protection From Abuse should not be granted. THIS RULE shall be returnable at a hearing scheduled for the 5 ot day of September, 2000 at I[2 ~ C3 o'clock ~ .M. in Courtroom ,~ of the Cumberland County Courthouse, Carlisle, PA. cc: James J. Kayer, Esq. Attorney for Petitioner Family Law Clinic Attorney for Respondent JAMES EVELHOCH, III, : On Behalf of His Minor : Children Gloria Sue Evelhoch: and Ashlee Nichole Evelhoch,: Petitioner : ELLEN M. EVELHOCH, : Respondent : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PROTECTION FROM ABUSE 00-5988 CIVIL TERM IN RE: PETITION DENIED; TEMPORARY ORDER VACATED ORDER OF COURT AND NOW, this 5th day of September, 2000, the petition of James Evelhoch, III, for entry of a Protection From Abuse Order against Ellen Evelhoch, IS DENIED, and the temporary order of August 30, 2000, IS VACATED. James Kayer, Esquire For the Petitioner Family Law Clinic For the Respondent By t~/~O~r~ ~ Edgar B. it 09/13/00 WED 12:07 FAX 717 240 6573 CIf~B CO PROTHONOTARY *** TX REPORT *** ********************* ~ 001 TRANS{ISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TINE USAGE T PGS. RESULT 2162 09/13 12:06 00'55 2 0H 92405331 09/13/00 WED 12:04 FAX 717 240 6573 CUMB CO PROTEONOTARY *** TX REPORT ~ 001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TI~E USAGE T PGS. RESULT 2161 09/13 12:03 01'03 3 OK 92490779