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HomeMy WebLinkAbout03-2875LORI A. HERSHEY, Plaintiff JOSEPH E. YOHE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY : NO. CO..l"" ~ 7-~ CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Lori Hershey, by her attorneys, the Family Law Clinic, sets forth the following action: 1. The plaintiff is Loft Hershey, residing at 132 CME, Newville, Cumberland County, Pennsylvania, 17241. 2. The defendant is Joseph Yohe, residing at 56 Betty Nelson Court, Lot 141, Carlisle, Cumberland County, Pennsylvania, 17013. Plaintiff seeks custody of the following children: Name Jordan Yohe, hereinafter "Child" The Child was bom out of wedlock. Present Residence 132 CME Newville, PA 17241 Date of Birth June 4, 2000 The Child is presently in the custody of Loft Hershey, who resides at 132 CME Newville, Cumberland County, Pennsylvania, 17241. During the past five years, Child has resided with the following persons and at the following addresses: Persons Lori Hershey Lori Hershey Address Dates 207 N. College St. Carlisle, PA 17013 6/00- 8/01 329 N. Hanover St. Carlisle, PA 17013 8/01- 10/02 Persons Address Dates Loft Hershey 56 Betty Nelson Court 10/02-3/03 and Joseph Yohe Lot 141 Carlisle, PA 17013 Loft Hershey 132 CME Newville, PA 17241 3/03 to present The mother of the Child is Loft Hershey, hereinafter "Mother", curremly residing at 132 CME Newville, Cumberland County, Pennsylvania, 17241. She is single. The father of the Child is Joseph Yohe hereinafter "Father", currently residing at 56 Bettty Nelson Court, Lot 141 Carlisle, Cumberland County, Pennsylvania, 17013. He is single. 4. The relationship of the plaintiff to the child is that of mother. Mother resides with the following persons: Name Dakota Hershey Daniel McGill Relationship Son Boyfriend 5. The relationship of the defendant to the child is that of father. Father currently resides with the following persons: Name Relationship None 6. Mother has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Mother does not know ora 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 children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a.) Mother has been the child's primary caretaker throughout the Child's life. b.) Father works from 4 a.m. until 2:30 p.m. and Father has been unable to provide appropriate supervision for the Child. c.) Mother works outside the home and has arranged child care for the child during her working hours. d.) Mother has found Child unattended while Father is asleep. e.) On June 10, 2003, Mother found Child outside of unattended at Father's house while Father was asleep. Father contacted Mother three hours later to inquire about the location of the child. f.) Mother is willing to allow father to have periods of partial custody in order to maintain parental relationship with the Child. 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. WHEREFORE, Mother requests the court grant Primary Physical Custody Of Child, Jordan Yohe, to Mother with Father having periods of partial physical custody. S Michael Parker Certified Legal Intern ROBERT E. RAINS LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, Pa 17013 717/243-2968 VERIFICATION I verify that the statements made in this Custody Complaint are true and correct to the best of my personal knowledge and belief. 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: LORI A. HERSHEY, Plaintiff JOSEPH E. YOHE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY NO. O,~- )~'7,t"CWIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Lori Hershey, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date Respectfully submitted, Michael Parker Certified Legal Intern ROBERT E. RAINS LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 LORI A. HERSHEY PLAINTIFF V. JOSEPH E. YOHE DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 03-2875 CIVIL ACTION LAW IN CUSTODY ORDER OFCOURT AND NOW, Monday, June 23, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before J_acqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, July 21, 2003 at 10:30 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 permanent 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 TIlE COURT, By: /s/ .[acqueline M. Verney, Esq. 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 ttAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPItONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HEicP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ¥~NV^"RgNN~d LORI A. HERSHEY, Plaintiff JOSEPH E. YOHE, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY NO. 03-2875 CIVIL TERM CERTIFICATE OF SERVICE I, Michael Parker, hereby certify that I served the Order of Court of June 23, 2003 on Joseph Yohe on ~/tg-~/O~ , by first class United States mail, at the following address: Date: Mr. Joseph Yohe 56 Betty Nelson Court Lot 141 Carlisle, PA 17013 Michael Parker Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17103 (717) 243-2968 Fax: (717) 243-3639 LORI A. HERSHEY, Plaintiff JOSEPH E. YOHE, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY NO. 03-2875 CIVIL TERM AFFIDAVIT OF SERVICE I, ~~,~ ¢~I'X~.~ , hereby certify that I am a competent adult and that I served a true and correct copy of the Complaint for Custody on the Defendant Joseph E. Yoh'e at 56 Betty Nelson Court, Lot 141, Carlisle, Cumberland County, Pennsylvania. Service was complete upon receipt by Joseph Yohe on the {/o4'ff-~ day of July, 2003. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of the 18 Pa.C.S. 4904, relating to unsworu falsification to authorities. jUL¢O03 LORI A. HERSHEY, Plaintiff V. JOSEPH E. YOHE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2875 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ ~ day of ~~' ,2003, upon liation Report, consideration of the attached Custody Con~i - it is ordered and directed as follows: 1. The Mother, Lori A. Hershey, and the Father, Joseph E. Yohe, shall have shared legal custody of Jordan Yohe, bom June 4, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have the following periods of partial physical custody: A. Beginning July 22, 2003 every Tuesday from 8:00 a.m. to Thursday at 8:30 p.m. B. Such other times as the parties agree. 4. Mother shall have custody of the Child on Mother's Day; Father shall have custody of the Child on Father's Day both at times agreed by the parties. 5. Thanksgiving shall be shared such that one party will have physical custody of the Child from 9:00 a.m. to 3:00 p.m. and the other party shall have physical custody of the Child from 3:00 p.m. to 9:00 p.m. The parties shall alternate these times as agreed. 6. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 10:00 a.m. to 10:00 p.m. Block B shall be from Christmas Eve at 10:00 p.m. to 10:00 p.m. Christmas Day. The parties shall alternate these blocks as agreed. 7. Easter Day shall be shared as agreed by the parties. 8. Transportation shall be shared such that Mother shall deliver the child to Father on Tuesday mornings and at the start of Father's custodial periods and Father shall return the Child to Mother on Thursday evenings and at the conclusion of his custodial periods. 9. Each party shall be entitled to one uninterrupted week during the year provided they give the other party 10 days prior notice. 10. The custodial parent shall allow the non-custodial parent reasonable telephone contact with the Child. 11. The parties shall keep each other advised of their current address and telephone number. 12. Each party shall notify the other of all medical care that the Child receives while in that party's care. Each parent will notify the other immediately of medical emergencies which arise while the Child is in that party's care. Each party shall take any necessary steps to ensure that the health and well being of the Child is protected. During such illness or medical emergency, both parents shall have the right to visit the Child as often as he/she desires consistent with the proper medical care of the Child. 13. Each party shall be entitled to complete and full information from any doctor, dentist, teacher or similar authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, and academic and school report cards. 14. Neither parent shall do anything, or permit a third party to do anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other parent, or which may hamper the free and natural development of he Child's love and respect for the other parent. 15. 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'~ichael Parker, certified legal intern, Counsel for Mother Lucy Johnston-Walsh, Esquire, Family Law Clinic ~J~seph E. Yohe, pro se 56 Betty Nelson Court, Lot 141 Carlisle, PA 17013 JUL 2 2 LORI A. HERSHEY, Plaintiff V. JOSEPH E. YOHE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2003-2875 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT 1N 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 £ollows: NAME Jordan Yohe DATE OF BIRTH June 4, 2000 CURRENTLY IN CUSTODY OF Mother 2. A Conciliation Conference was held in this matter on July 21, 2003, with the following individuals in attendance: The Mother, Lori E. Hershey, with her counsel, Michael Parker, certified legal intern, Lucy Johnston-Walsh, Esquire, Family Law Clinic and the Father, Joseph E. Yohe, pro se. 3. The parties agreed to entry of an Order in the form as attached. Date i. Vemey, Esqmre U Custody Conciliator