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HomeMy WebLinkAbout99-05605?V ,?,?! f? t fr t ??; nt F^4:'1?:'?. Y Pv?? ?y i. R i) r ?L^ b-. ,G` ?? k?? i ?: y n S7'. . ?, , ,. !w'r s . ,, , ?. ? ? '' ;J;:+- 4a"f •: ''J. CHRISTINE YOHE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 99-5605 TIMOTHY L. YORE, CIVIL ACTION - LAW Defendant ORDER AND NOW, this 36, day of September, 1999, at the request of counsel, hearing in the above captioned matter set for Monday, October 4, 1999, is continued to Thursday, October 7, 1999, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. jKevi A. Hess, J. Joan Carey, Esquire For the Plaintiff Ca rMa 4<( 913o?99• Jordan Cunningham, Esquire For the Defendant :rlm BY THE COURT, r Or ?tRY 99SP3 a!;n:9 I t 4 i- • r .7 ti CHRISTINE YOHE, for herself and on behalf of her minor child: SAVANNAH MARIE YOHE Plaintiff vs. TIMOTHY LAWLER YOHE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5605 CIVIL TERM PROTECTION FROM ABUSE AND NOW, this -"o' day of September, 1999, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on Friday, September 17, 1999, at 2:30 p.m. by this Court's Order of September 13, 1999, is hereby rescheduled for hearing on Monday, October 4, 1999, at 9:00 a.m. in Courtroom No. 4, of the Cumberlt$d County Courthouse, Carlisle, Pennsylvania. The Temporary Protection From Abuse Order shall remain in effect for 4 period of one year from the date it was entered, through September 13, 2000, or until further,We?of Court, whichever comes first. Certified copies of this Order for tce shall be provided to the Hadlpden Township and Middlesex Townell0l]ice Departnios by Plaintiffs attorney, Joan Carey, Attorney for Plaintiff _ LEGAL SERVICES, INC. tell "-,r Gk 2c-VX0 9/i0/99. ,e By the ourt, / 'Ke i A. HesuJudge FLED-0rFiOE OF 74- 99 SEP 20 AM 9= 43 OWBER AW COU M PENNSYLVANgA CHRISTINE YOHE, for herself and on behalf of her minor child: SAVANNAH MARIE YOHE Plaintiff vs. TIMOTHY LAWLER YORE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5605 CIVIL TERM PROTECTION FROM ABUSE MOTION FOR CONTINUANCE Plaintiff, Christine Yohe, by and through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: A Temporary Protection From Abuse Order was issued by this Court on September 13, 1999, scheduling a hearing for Friday, September 17, 1999, at 2:30 p.m. 2. The Cumberland County Sheriffs Department attempted to serve Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at a district justice hearing on September 14, 1999, but he did not appear. On September 15, 1999, the Cumberland County Sheriffs Department deputized the Dauphin County Sheriffs Department, who have not effected service in spite of several attempts to do so. 3. Plaintiff requests that the hearing be rescheduled to afford the Dauphin County Sheriffs Department additional time to serve Defendant. 4. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered, through September 13, 2000, or until further Order of Court, whichever comes first. 5. Certified copies of the Order for Continuance will be delivered to the Hampden Township and Middlesex Township Police Departments by the attorney for Plaintiff. WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered, through September 13, 2000, or until further Order of Court, whichever comes first. Respectfully submitted, Joan Carey Philip C. Briganti Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 0 J 4 i4 CHRISTINE YOHE, for herself and on behalf of her minor child: SAVANNAH MARIE YOHE Plaintiff vs. TIMOTHY LAWLER YORE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- S L v i CIVIL TERM PROTECTION FROM ABUSE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. Ifyou fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hea 'ng on this matter is scheduled on the r ?+ day of SEPTEMBER ?, 1999, at c 30 /- M., in Courtroom No. --41- of the Cumberland County Courthouse, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. §2265, this Order is enforceable anywhere in the United States, tribal lands, U. S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. § 2261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. H you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 =do 0 least 72 hours prior to any boating or business h0grp the gpprt. Xoy must attend the scheduled conference or hearing. ,,???? ;•? ?,: ? n ;, 1' :? ,. . CHRISTINE YORE, for herself and on behalf of her minor child: SAVANNAH MARIE YOHE Plaintiff vs. TIMOTHY LAWLER. YORE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- CIVIL TERM PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: TIMOTHY LAWLER YORE Defendant's Date of Birth: 02/03/65 Defendant's Social Security Number: 181-48-8134 Names of Protected Persons: CHRISTINE YORE, Plaintff, and SAVANNAH MARIE YORE, minor child. AND NOW, this L, day of September, 1999, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order. 19> 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant is evicted and excluded from the residence at 4709 Delbrook Road, Mechanicsburg, Cumberland County, Pennsylvania, or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. 3. Except for such contact with the minor child as may be permitted under Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited, to any contact at the business owned by the parties between the hours of 7:30 a.m. and 4:00 p.m., Monday through Saturday, and/or any alternate place of employment she may have, and the day care facility of the parties' minor child. Defendant is ordered to stay away from the following locations for the duration of this Order: Business owned by the parties: Allcrete Designs, 2019 Berryhill Street, Harrisburg, Dauphin County, Pennsylvania. Defendant is excluded from the premises from the hours of 7:30 a.m. through 4:00 p.m. from Monday through Friday. Day care facility of the parties' minor child: where ever that may be. ® 4. Except for telephone contact with Plaintiff between the hours of 7:30 a.m. and 4:00 p.m. from Monday through Saturday, limited to discussions concerning the daily operation and matters relating to the business owned by the parties, Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child: Savannah Marie Yohe, 29 months old. Until the final hearing, all contact between Defendant and the child shall be limited to the following: Supervised visitation with the child at Children's Playroom, Inc., 99 South Cameron Street, Harrisburg. The local law enforcement agency in the jurisdiction where the child is located shall ensure that the child is placed in the care and control of Plaintiff in accordance with the terms of this Order. ? 6. Defendant shall immediately relinquish the following weapons to the Sheriffs Office ora designated local law enforcement agency for the delivery to the Sheriffs Office: D&d3t Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. 7. The following additional relief is granted: The Cumberland County Sheriffs Department shall attempt to make service at Plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff and/or the minor child. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintifr a relatives or the minor children. © S. A certified copy of this Order shall be provided to the police departments where Plaintiff resides and any other agency specified hereafter: Hampden Township Police Department for Plaintiff's residence located at 7709 Delbrook Road, Mechanicsburg, Cumberland County, Pennsylvania. Harrisburg Police Department for Plaintiffs business located at 2018 Berryhill Street, Harrisburg, Dauphin County, Pennsylvania. 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER and © ANY PRIOR ORDER RELATING TO CHH.D CUSTODY THIS ORDERAPPLIES IMMEDIATELY TODEFENDANTAND SHALLREMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. §6114. Consent of the Plaintiffto Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. §6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. §§ 2261-2262. Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) ofthe Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any locations where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs I through 6 of this Order, defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. BY THE COURT. ? - .. 6: `. L' ?... ? i . ., n. ?,.; ? ?.1?1 CHRISTINE YOHE, : IN THE COURT OF COMMON PLEAS OF for herself and on behalf of her minor child: SAVANNAH MARIE YOHE : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : NO.99- 5"(eo Y' CIVIL TERM TIMOTHY LAWLER YORE, Defendant : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE Plaintiff is Christine Yohe. 2. This Petition is filed by Plaintiff, for herself, and on behalf of Savannah Marie Yohe, who is Plaintiff s minor child. 3. The names of the persons who seek protection from abuse are Christine Yohe, and her minor child, Savannah Marie Yohe. 4. Plaintiffs address is 4709 Delbrook Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 5. To the best of Plaintiffs knowledge, Defendant is currently residing with his mother, Vicki Jenkins, at her home at 126 Spring Road, Dillsburg, York County, Pennsylvania 17019. Defendant's Social Security Number is 18148-8134. Defendant's date of birth is 02/03/65. Defendant's place of employment is Allcrete Designs, 2018 Berryhill Street, Harrisburg, Dauphin County, Pennsylvania, a business owned and operated by the parties. 6. Defendant is Plaintiffs husband and the father of the minor child, Savannah Marie Yohe. Defendant has been involved in the following criminal court action: Hampden Township Police charged Defendant with harassment and he was fined a total of $228.00 as a result of the incident which occurred on or about August 26, 1999, involving Plaintiff and the parties' child. Defendant told Plaintiff that he was convicted and imprisoned for felony drug and weapons charges several years ago. 8. 9. Plaintiff seeks temporary custody of the following child: Name Savannah Marie Yohe Address 4709 Delbrook Road Mechanicsburg, PA Birthdate 04/04/97 Plaintiff and Defendant are the parents of the following minor child: Name Am Savannah Marie Yohe 29 months old 10. The following information is provided in support of Plaintiffs request for an Order of child custody: a) The child was born out of wedlock. b) The child is presently in the custody of Plaintiff, Christine Yohe, who resides at 4709 Delbrook Road, Mechanicsburg, Cumberland County, Pennsylvania. c) Since her birth, the child has resided with the following persons and at the following addresses: Persons child has lived with Address When Plaintiff and her two minor 4709 Delbrook Road From 08/26/99 to children, Toni Ramirez, and Mechanicsburg, PA the present Brandon Day Plaintiff, Defendant, and the 4709 Delbrook Road From 04/04/97 to minor children Mechanicsburg, PA the present d) Plaintiff, the mother of the child, is Christine Yohe, currently residing at 4709 Delbrook Road, Mechanicsburg, Cumberland County, Pennsylvania. jf e) She is married. f) Plaintiff currently resides with the following persons: Name Relationship Savannah Marie Yohe her minor daughter Toni Ramirez her minor daughter Brandon Day her minor son g) Defendant, the father of the child, is Timothy Lawler Yohe, currently residing at 126 Spring Road, Dillsburg, York County, Pennsylvania. h) He is married, i) Defendant currently resides with the following persons. Name Relationship Vicki Jenkins his mother j) Plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. k) Plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. 1) Plaintiff does not know any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. m) The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to Plaintiff pending a hearing in this matter for reasons including: 1) Plaintiff is a responsible parent who has provided for the emotional and physical needs of the child since her birth, and who can best take care of the minor child. 3) Defendant has shown by his abuse of Plaintiff and the minor child that he is not an appropriate role model for the minor child, or Plaintiffs other children residing in the home. 3) Defendant's behavior has adversely affected Plaintiffs other minor children residing in the home. 11. The following other minor children presently live with Plaintiff: Name Age Plaintiffs relationship to children Toni Ramirez 10 years old mother Brandon Day 5 years old mother 12. The facts of the most recent incident of abuse are as follows: Approximate Date: August 26, 1999 Approximate Time: 8:00 p.m. Place: 4709 Delbrook Road, Mechanicsburg, Cumberland County, Pennsylvania, the marital residence. On or about August 26, 1999, Defendant entered the home jerking the screen door open with such force that the framework of the door was damaged, screamed at Plaintiff, called her names, and refused to leave when Plaintiff asked him to. With a sweeping motion of his arm, Defendant knocked a lamp offofthe table, lifted the couch and flipped it over onto the floor, kicked his foot through the glass door of the china closet, grabbed Plaintiff by the neck with both hands, shoved her against the wall, choked her, and threatened to put her in a box so his life would be easier. Defendant threatened to take the parties' 2- year old daughter, Savannah, and left with her in his vehicle. He returned to the home with the child a short time later, and threw her onto the couch as he entered the house. Fearing for the child's safety, Plaintiff picked her up off of the couch to comfort and protect her, and as she turned away from Defendant while holding the child against her shoulder, he grabbed Plaintiff by the head and held her with one hand, and punched her about the back of her head several times with his other hand, his fist striking the child in the head at the same. Plaintiff got away from Defendant and ran with the child to a neighbor's home where she telephoned 911 for help. Defendant left the residence before the Hampden Township Police arrived, but telephoned the marital residence twice while the police were there and left messages on the answering machine. Plaintiff sustained red marks and soreness about her neck, and soreness about her head as a result of this incident. The police filed criminal harassment charges against Defendant. Defendant has been residing with his mother since this incident. 13. Defendant has committed the following prior acts of abuse against Plaintiff: a) On or about April 30, 1999, Defendant yelled at Plaintiff and told her to leave the marital residence. When Plaintiff refused to leave, Defendant slapped and punched her on the head. Defendant continued to tell Plaintiff to leave, slapping and/or punching her on the head each time (approximately five times) she refused to leave. Defendant slapped Plaintiff in the face, kicked her foot that she had had surgery on the previous week, and when she tried to telephone the police for help, he grabbed the portable telephone from her hand, threw it on the floor, stomped on it breaking it, punched the oven door shattering the glass face of it, and continued to scream and yell at her, threatening to "put her in a box." Plaintiff sought medical attention at Polyclinic Hospital the following day and was treated for injuries she sustained as a result of this incident including, but not limited to, bruising about her ear, bruising, swelling and soreness about her mouth, soreness about her head, and headaches. Plaintiffs surgeon checked her foot for post-operative recovery and noted that a bone in her foot had moved. b) In or about March 1999, Defendant yelled at Plaintiff , called her names, grabbed the telephone, threw it on the floor preventing her from calling for help, and punched a hole in the bathroom door. As Plaintiff walked away from Defendant, he grabbed her by the neck, slapped her head, shoved her against the wall, choked her, and sarcastically told her that she was wonderful. C) In or about February 1999, Defendant yelled at Plaintiff, called her names, grabbed her by the neck, shoved her against the door causing her to fall to the floor and hit her head, and as she lay on the floor, he continued to yell at her and kicked her on the leg while wearing his work boots. Plaintiff sustained soreness about her head, neck, and leg, and bruising about her leg as a result of this incident. d) In or about December 1998, Defendant became angry while driving, punched the windshield cracking it, accelerated to unsafe speeds, drove recklessly despite Plaintiff's pleas for him to stop the car, and threatened, "I should just run us into a wall and end it all." Plaintiff feared for her life. Since this incident Defendant has told Plaintiff on several occasions that he wished to die, and that he would never wake up. 14. The following police departments or law enforcement agencies in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Plaintiff's residence: Hampden Township Police Department Plaintiff's place of employment: Harrisburg Police Department 15. There is an immediate and present danger of further abuse from Defendant. 16. Plaintiff is asking the Court to evict and exclude Defendant from the residence at which is owned by Defendant's mother, Vicki Jenkins, but which the parties have rented from her since approximately 1996. 17. Defendant owes a duty of support to Plaintiff and the parties' minor child, Savannah Marie Yohe. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or the minor child in any place where they may be found. B. Evict and exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. B. Evict and exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. C. Require Defendant to provide Plaintiffand/or the parties' minor child with other suitable housing. D. Award Plaintiff temporary custody of the minor child and place the following restrictions or contact between Defendant and child: Supervised visitation with the child at Children's Playroom, Inc., 99 South Cameron Street, Harrisburg. E. Except for telephone contact with Plaintiff between the hours of 7:30 a.m. and 4:00 p.m. from Monday through Saturday, limited to discussions concerning the daily operation and matters relating to the business owned by the parties, Defendant is prohibited from having any contact with Plaintiff, either in person, by telephone, or in writing, personally or through third persons, including, but not limited to, any contact on the grounds of the business owned by the parties between the hours of 7:30 a.m. and 4:00 p.m. from Monday through Saturday, and/or Plaintiffs alternate place of employment. P. Prohibit Defendant from having any contact with Plaintiffs relatives and the parties' minor child listed in this Petition, except through supervised visitation with the child as indicated above. G. Order Defendant to pay temporary support for Plaintiff and/or the parties' minor child, Savannah Marie Yohe, including medical support and payment of the rent on the marital residence. H. Direct Defendant to pay Plaintiff for the financial losses suffered as a result of the abuse, to be determined at the hearing. I. Order Defendant to pay the costs of this action, including filing and service fees. J. Order Defendant to reimburse Cumberland County, a Legal Services funding source, $250.00 for the value of the legal services provided to Plaintiff for the cost of litigating this case if the case goes to hearing. K. Order the following additional relief, not listed above: Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiffs relatives or the parties' minor child. L. Grant such other relief as the court deems appropriate. M. Order the police or other law enforcement agency to serve Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. WHEREFORE, pursuant to 23 Pa.C.S.§ 5301 et. SM., and other applicable rules and law, Plaintiff prays this Honorable Court to award custody of the parties' minor child to her. Plaintiff prays for such other relief as may be just and proper. Respectfully sutted, Date: o n Carey, Attorney for R aintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. 91,3 /9 9 Dated: Christine Yohe, Platnuff CHRISTINE YORE, for herself and on behalf of her minor child: SAVANNAH MARIE YOHE Plaintiff VS. TIMOTHY LAWLER YORE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99m CIVIL TERM PROTECTION FROM ABUSE OUT-OF-POCKET LOSSES Plaintiffrequests that Defendant reimburse her out-of-pocket losses, including but not limited to the following: Any and all medical expenses not reimbursed through Plaintiffs medical insurance coverage relating to injuries she sustained as a result of the incident which occurred on or about April 30, 1999. Any and all expenses/costs incurred to repair and/or replace property damaged and/or destroyed as a result of the incidents which occurred on or about August 26, 1999, April 30, 1999, and March 1999. (Fstimates not available at time of filing petition). FXHIBIT A SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-05605 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YOHE CHRISTINE ET AL VS. YOHE TIMOTHY LAWLER R. Thomas Kline Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: YOHE TIMOTHY LAWLER but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania. to serve the within PROTECTION FROM ABUSE On October 4th, 1999 , this office was in receipt of the attached return from DAUPHIN County, Pennsylvania. Sheriff's Costs: So answ s: Docketing 18.00 / Out of County 9.00 Surcharge 8.00 omas ine, e Dep. Dauphin Cc 25.50 10/04/1999 Sworn and subscribed to before me this _q day of&"G 19q_ A.D. r6 ono , F P L„ Il.r p- rl y 3 'z J !U v u N a ^w V SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-05605 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YOHE CHRISTINE ET AL VS. YOHE TIMOTHY LAWLER R. Thomas Kline Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: YOHE TIMOTHY LAWLER but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania. to serve the within GENERAL CONTINUANCE On October 4th, 1999 , this office was in receipt of the attached return from DAUPHIN County, Pennsylvania. Sheriff's Costs: So answer : Docketing .00 Out of County .00 i? Surcharge .00 omas ine, e i $.Uff 10/04/1999 Sworn and subscribed to before me this /t day of 19c?j A.D. ?(-Fro ono a y ? Offict Of 4t ,$4er ff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg. Pennsylvania 17101 Ph:(717)255-2660 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin YOHE CHRISTINE vs • YORE TIMOTHY LAWLER Sheriff's Return No. 1926-T - - -1999 OTHER COUNTY NO. 99-5605 Ralph G. McAllister Chief Deputy Michael W. Rinehart Assistant Chief Deputy AND NOW: September 27, 1999 at 12:OOPM served the within PROTECTION ORDER/CONTINUED GENERALLY upon YOHE TIMOTHY LAWLER by personally handing to DEFT 1 true attested copy(ies) of the original PROTECTION ORDER/CONTINUED GENERALLY and making known to him/her the contents thereof at CAMERON AND MARKET STREET HARRISBURG, PA 00000-0000 Sworn and subscribed to before me this 28TH day of SEPTEMBER, 1999 L-• (f 12?vna? PROTHONOTARY So Answers, IPp?i?L Sheriff of Dau hin Co--,y Pa. . By D ty era f Sheriff's Costs: $0.00 PD 00/00/0000 RCPT NO ET/KM (?f£ite Of a o*hrr- iff Mary Jane Snyder Rest Estate Deputy William T. Tully Solicitor Commonwealth of Pennsylvania County of Dauphin Dauphin County Harrisburg. Pennsyhania 17101 ph: (717) 255-2660 fax: (717)255.2889 Jack Lotwick Sheriff YOHE CHRISTINE vs YOHE TIMOTHY LAWLER Sheriff's Return Ralph G. McAllister Chief Deputy Michael W. Rinehart Assistant Chief Depuy No. 1926-T - - -1999 OTHER COUNTY NO. 99-5605 AND NOW: September 27, 1999 at 12:OOPM served the within PROTECTION ORDER/CONTINUED GENERALLY upon YOHE TIMOTHY LAWLER by personally handing to DEFT 1 true attested copy(ies) of the original PROTECTION ORDER/CONTINUED GENERALLY and making known to him/her the contents thereof at CAMERON AND MARKET STREET HARRISBURG, PA 00000-0000 Sworn and subscribed to before me this 28TH day SEPTEMBER, 1999 3 )? ., f PROTHONOTARY So Answers, ?? 2 Sheriff of D Co By -02 D y Sheriff Sheriff's Costs: $0.00 PD 00/00/0000 RCPT NO ET/1(M In The Court of Common Pleas of Cumberland County, Pennsylvania Christine Yohe VS. Timothy Lawler Yohe No. 99-5605 Civil Now, 9/14/99 , 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ?- S fCum 'rlay PA Affidavit of Service Now, within upon at by handing to _ a and made known to copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this _ day of , 19 19_, at o'clock M. served the COSTS SERVICE MILEAGE_ AFFIDAVIT County, PA In The Court of Common Pleas of Cumberland County, Pennsylvania Christine Yohe, at. al. VS. Timothy Lawler Yohe (order for Continuance) No. 99-5605 Civil Now, 9/21/99 -,19 _, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now,. within upon at by handing to 19_, at o'clock M. served the a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA COSTS Sworn and subscribed before SERVICE $ me this _ day of 19 MILEAGE AFFIDAVIT s *; a fE' $ ti CHRISTINE YOHE, for herself and on behalf of her minor child: SAVANNAH MARIE YOHE Plaintiff Vs. TIMOTHY LAWLER YOHE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-5605 CIVIL TERM PROTECTION FROM ABUSE FINAL PROTECTION ORDER Defendant's Name: TIMOTHY LAWLER YOHE Defendant's Date of Birth: 02/03/65 Defendant's Social Security Number: 18148-8134 Names of Protected Persons: CHRISTINE YOHE, Plaintiff, and her minor child, SAVANNAH MARIE YOHE AND NOW, this 7` day of October, 1999, the court having jurisdiction over the parties and the subject-matter, and after hearing on the matter and finding that Defendant has abused Plaintiff as defined in 23 Pa. C.S.A. §6102 it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff, Christine Yohe, is represented by Joan Carey and Philip C. Briganti of Legal Services, Inc.; Defendant, Timothy Lawler Yohe, is represented by Jordan D. Cunningham of Cunningham & Chemicoff. Plaintiffs request for a Final Protection Order is granted. ? Plaintiff's request for a Final Protection Order is denied 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person In any place where they might be found. 2. Defendant is completely evicted and excluded from the residence at 4709 Delbrook Road, Mechanicsburg, Cumberland County, Pennsylvania, or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. ? On _ at _.m., Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. © 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to, any contact at Plaintiffs residence and/or her place of employment, or with the minor child at her day care facility. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiffs place of employment: Cumberland County Nursing & Rehabilitation 375 Claremont Road, Carlisle, Cumberland County, Pennsylvania. Day care facility of the minor child: Undisclosed location which shall be provided to law enforcement agencies, if necessary. 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, including third parties. 5. Custody of the minor child, Savannah Marie Yohe, shall be as follows pending further Order of Court after the conciliation conference scheduled on October 28,1999, at3:00 p.m. before Michael Bangs, Conciliator. Plaintiff shall have primary physical custody of the child. Defendant shall have supervised visitation with the child through a program, to be mutually agreed upon by the parties, by and through their respective custody attorneys, which provides parenting skills sessions staffed by certified personnel. ? 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor children: ? 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. 8. The following additional relief is granted as authorized by ¢6108 of this Act: Law enforcement agencies, human service agencies and school districts shall not disclose the presence of Plaintiff and/or address, telephone number, or any other demographic information about Plaintiff and/or the minor child except by further Order of Court. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff and/or the minor child. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiffs relatives or the minor child. Defendant Is ordered to reimburse Cumberland County, a Legal Services funding source, $250.00 for the value of the legal services provided to Plaintiff for the cost of litigating this case. ? 9. Defendant is directed to pay temporary support for _ as follows: _ This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically ifPlaintiffdoes not file a complaint for support with the Court within fifteen (15) days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. 10 it. Defendant shall pay $-to Plaintiffocompensation for Plaintiffs out-of-pocket losses, which are as follows: R?- p be dtl*?-,,, ?: ? Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to _ requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. ? 12. BRADY INDICATOR ? 1. The Plaintiff or protected person/s is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. ? 2. This Order is being entered after a hearing ofwhich Defendant received actual notice and had an opportunity to be heard. ? 3. Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected persons. ? 4. Defendant represents a credible threat to the physical safety of Plaintiff or other protected person/s OR ? The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. 13. THIS ORDER SUPERCEDES: D ANY PRIOR PFA ORDER and D ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this Order shall expire one year from the date this Order is entered. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. §§ 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiffs residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs I through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the Protection Order or during prior incidents of abuse. The Cumberland County Sheriff's Department shall maintain possession of the weapons until further Order of this Court. When Defendant is placed under arrest for violation of the Order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR Plaintiff, Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Jordan D. Cunningham, Attorney for Defendant CUNNINGHAM & CHERNICOFF 2320 North Second Street Harrisburg, PA 17110 (717) 238-6570 BY THE COURT, QN, r_ .- IL cr b 4 CHRISTINE YOHE, for herself and on behalf of her minor child SAVANNAH MARIE YOHE, Plaintiff II V. TIMOTHY LAWLER YOHE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 5605 CIVIL TERM PROTECTION FROM ABUSE TO: Plaintiff YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER AND COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM THE DATE OF SERVICE HEREOF eA DEF?JJ T?JUDGMENT MAYiBE ENtEP,1? ,?{ L?CINST YOU. DEFENDANT REPLY TO PETITION FOR PROTECTION FROM ABUSE 1. Admitted. 2. The averments of Paragraph 2 are denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment as to the reasons for the filing of the Petition and strict proof thereof, if relevant, is demanded at the time of trial. 3. Admitted. 4. Admitted. 5. The averments of Paragraph 5 are denied. Defendant is currently residing at 2831 Booser Avenue, Harrisburg, Dauphin County, Pennsylvania. The remaining balance of the averments contained in Paragraph 5 are admitted. 6. Admitted. 7. The averments of Paragraph 7 are partially admitted and partially denied. It is admitted that a citation has been issued against Defendant by the Hampden Township Police based upon information given to them by the Plaintiff. As of the date of this filing, a hearing on the matter has yet to be held. As concerns the averment of the conviction or felony drug and weapons charges, it is admitted that the Defendant did plead guilty to a violation of the Controlled Substance Act and was sentenced to a period of imprisonment of six (6) months. The charge did not involve any weapon. e. The averment of Paragraph 8 indicates that the Plaintiff seeks temporary custody of the parties' minor child. By way of further pleading, Defendant has filed a Complaint for Partial Custody; a Conciliator has been appointed; and the date of the Conciliator's Conference is scheduled for October 28, 1999. 9. Admitted. 10. The averments of Paragraph 10 are admitted, with the exception of 10(g) as the Defendant is currently residing at 2831 Booser Avenue, Harrisburg, Dauphin County, Pennsylvania and not residing with his mother. Moreover, it is specifically denied that Defendant's behavior in any way has adversely affected Plaintiff's other minor children who reside in the home or that the Defendant has abused the Plaintiff in any fashion, thus making the Defendant an inappropriate role model for the minor children. 11. Admitted. 12. The averments of Paragraph 12 are partially admitted and partially denied. It is admitted that on or about August 3 26, 1999, the Defendant and Plaintiff were at their marital domicile as set forth in the Petition. It is admitted that the Defendant and the Plaintiff were engaged in a verbal argument at their marital domicile. To the contrary, however, it is admitted that the Defendant and the Plaintiff each screamed at each other and called each other names. It is denied that the Defendant in any way opened a screen door with such force that the framework of the door was damaged. moreover, it is averred that for a period for approximately one-half (3A) hour, the Plaintiff requested, on numerous occasions, that the Defendant strike her, all of which requests were rebuffed by the Defendant. It is specifically denied that the Defendant grabbed the Plaintiff by the neck with both hands; it is denied that the Defendant shoved the Plaintiff against the wall; it is denied that the Defendant choked the Plaintiff; it is denied that the Defendant threw the minor child onto the couch when the Defendant returned to the home; it is denied that the Defendant grabbed Plaintiff by the head; it is denied that the Defendant held the Plaintiff with one hand; it is denied that the Defendant punched the Plaintiff about the back of her head several times with his hands; and it is denied 4 that the Defendant ever struck the child, either intentionally or unintentionally. It is admitted that the Defendant, after having been verbally harassed for approximately one-half (M) hour by the Plaintiff did, in frustration, lift the coach and flipped it onto the floor of the living room and punched a glass door of a china closet, however, both of these incidents were not done in close proximity to the Plaintiff or to the parties' minor daughter. It is denied that the Plaintiff sustained any marks or soreness about her neck or soreness about her neck or soreness about her head as a result of the incident and strict proof thereof is demanded at the time of trial. By way of further pleading, the Defendant on numerous occasions since December, 1998 has suffered verbal threats of violence and taunts by the Plaintiff; has suffered the grabbing of his shirt, his collar and his pants in such a way as to represent a threat to Defendant's health and safety. By way of further pleading, Plaintiff, in a concentrated effort to either have the Defendant act out and strike the 5 Plaintiff or, in the alternative, imploring the Defendant on numerous occasions to hit the Plaintiff. Since the filing of the Petition for Protection from Abuse, the Defendant has been asked by the Plaintiff to return to the marital home; has received correspondence from the Plaintiff indicating an interest in resolving their difficulties; and has been unilaterally contacted by the Plaintiff regarding various insundry matters all of which the Defendant has attempted to avoid. 13. The averments of Paragraph 13 are generally denied and the averment that prior acts of abuse have been inflicted against the Plaintiff are specifically denied as follows: (a) The averments of April 30, 1999 are partially admitted and partially denied. It is admitted that on occasions Plaintiff and Defendant have become embroiled in loud verbal arguments. To the contrary, however, it is specifically denied that on April 30, 1999, Defendant slapped and punched the Plaintiff about the head. It is specifically denied the Defendant kicked Plaintiff's foot on which she had previously had surgery or grabbed the portable telephone from her hand and threw it on the floor, stomping on it and 6 breaking it, and/or punching the oven door shattering the glass face of it. To the contrary, Plaintiff, at that time, was in such a mental state that she attempted to take her life on the evening of April 30, 1999. Moreover, unbeknownst to the Defendant at that point in time, Plaintiff was under the care of a psychiatrist /psychologist whose identity the Plaintiff has refused to reveal. Further, Plaintiff has refused to disclose the diagnosis of her condition. (b) It is specifically denied that in March, 1999, the Defendant grabbed the Plaintiff by the neck, slapped her head, and shoved her against the wall and choked her. It is admitted that in March, 1999, the parties had been involved in a verbal argument, that the Plaintiff had requested that the Defendant hit her and that in frustration the Defendant punched a hole in the bathroom door, thus deflecting his frustration from the Plaintiff. (c) It is admitted that in February, 1999, Plaintiff and Defendant each yelled at each other and called each other names. It is denied that the Defendant grabbed the pi Plaintiff by the neck, shoved the Plaintiff against a door, caused the Plaintiff to hit her head or kicked her on a leg 7 while wearing work boots. Defendant is without knowledge or information sufficient to form a belief as to the averment that the Plaintiff sustained soreness about her head, neck and bruising about her leg as a result of the alleged incident. (d) The averments contained in Paragraph 13(d) are partially admitted and partially denied. It is admitted that in December, 1998 there was an incident which occurred while the Defendant was driving with the Plaintiff. The incident occurred in the state of Maryland while the Plaintiff and Defendant were traveling from Annapolis to Baltimore. To the contrary, however, it is denied that the Defendant drove in a reckless manner or that he in any way placed the Plaintiff's health in jeopardy. It is admitted that the Plaintiff engaged in an argument in which it was her specific design to ridicule, humiliate, and belittle the Defendant and continued her comments after Defendant requested her to cease. As a result of the frustration which the Defendant was suffering, Defendant took out his frustration by striking his fists at or near the area where the roof and the front windshield of the pick-up truck meet. As a result of the strike, the windshield cracked. At no time did the Defendant threaten to the run the vehicle into a wall and end it all. Moreover, Plaintiff 8 remained with the Defendant the remainder of the day after the incident had occurred. 14. The averments of Paragraph 14 represent a conclusion of law or fact to which a response is not required. 15. The averments of Paragraph 15 represent a conclusion of law or fact to which a response is not required. 16. The averments of Paragraph 16 represent a conclusion of law or fact to which a response is not required. 17. The averment of Paragraph 17 represents a conclusion of law to which a response is not required. NEW MATTER 18. The averments contained in Paragraphs 1 through 17 of the Reply to Petition for Protection from Abuse are incorporated herein by reference as is more fully set forth herein. 9 19. Throughout the course of the partiesI marriage, the Plaintiff has embarked upon a course of conduct specifically designed to humiliate, frustrate, and destroy the marital relationship and the parent/child relationship of the Defendant to his minor daughter. Specifically, the Plaintiff has used threats of physical violence, requests that the Defendant do physical harm to the Plaintiff and taunting, all with the design that the Defendant commit acts which either would place him in a compromising situation and/or place his life in jeopardy. 20. Plaintiff, in prior relationships, has made similar allegations that other boyfriends have struck her, stabbed her, and threatened her with violence, and on which at least one occasion resulted in the Plaintiff filing for a Protection from Abuse in Dauphin County, Pennsylvania, only to subsequently withdraw the Petition after having filed the same. 21. Plaintiff has, not only with the Defendant, with threatened physical violence against third parties, including, but not limited to, Plaintiff is maid of honor at the time of 10 her wedding whom she physically assaulted approximately one (2) week before the marriage ceremony with the Defendant. 22. Plaintiff, as a result of her mental condition, also has a history of having attempted to commit suicide and is still under the care of a psychiatrist/psychologist for her undisclosed mental condition. 23. Plaintiff has a history of not only physical confrontation, but verbal confrontation, taunting and threatening Defendant and others. 24. Plaintiff, since the filing of the Petition for Protection from Abuse, has unilaterally contacted the Defendant on numerous occasions; has requested the Defendant to return home with a clear indication that she had in mind the recommencement of marital relations; has on a number of occasions requested the Defendant to meet with her at remote locations to discuss various and insundry issues; has, on three (3) occasions, placed herself in physical contact with the Defendant; and has placed herself at Defendant's place of business in what the Defendant perceives as an attempt to have 11 him violate the Temporary Protection from Abuse Order entered by this Court. COUNTERCLAIM 25. Defendant /Counterclaim Plaintiff incorporates by reference the allegations contained in Paragraphs 1 through 17 of the Reply to Petition for Protection from Abuse and Paragraphs 18 through 24 of the New Matter as if more fully set forth herein. 26. There is an immediate and present danger of further abuse and threats of abuse from the Plaintiff /Counterclaim `i Defendant based upon the allegations set forth in the Counterclaim. 27. Defendant/ Counterclaim Plaintiff is asking the Court to evict and exclude Plaintiff/Counterclaim Defendant from the residence which is owned by the Defendant/Counterclaim Plaintiff's mother, Vicki Jenkins. 28. Defendant/Counterclaim Plaintiff owes a duty of support to the parties, minor child, Savannah Marie Yohe. 12 WHEREFORE, Defendant/Counterclaim Plaintiff requests the Court enter a Final order setting forth the following: (a) Restrain Plaintiff /Counterclaim Defendant from abusing, threatening, harassing or stalking the Defendant/ Counterclaim Plaintiff in any place where he may be found. (b) Evict and exclude Plaintiff/Counterclaim Defendant from Defendant /Counterclaim Plaintiff's residence and prohibit Plaintiff /Counterclaim Defendant from attempting to enter any temporary or permanent residence of the Defendant/ Counterclaim Plaintiff. (c) Award Defendant /Counterclaim Plaintiff partial physical custody of the minor child, Savannah Marie Yohe, without restrictions. (d) Exclude the Plaintiff/Counterclaim Defendant from the Defendant/Counterclaim Plaintiff's place of business. (e) Order Plaintiff /counterclaim Defendant to pay the costs of this action, including filing and service fees. 13 (f) Order the following additional relief not listed above: (i) Enjoining the Plaintiff /Counterclaim Defendant from damaging or destroying any property owned by the Defendant/ Counterclaim Plaintiff; (ii) Directing the Plaintiff /Counterclaim Defendant to return all business records taken by the Plaintiff/Counterclaim Defendant from Defendant/Counterclaim Plaintiff's business including, but not limited to, business deposits, bank records, and any and all other business records taken from the Defendant/ Counterclaim Plaintiff's place of business. (iii) Enter an order directing that the Plaintiff/Counterclaim Defendant refrain from harassing Defendant/Counterclaim Plaintiff's relatives or the parties' minor child; (iv) Grant such other relief as the Court deems appropriate. 14 WHEREFORE, pursuant to 23 Pa. C.S. 55301 et sea. and other applicable rules and law, Defendant/Counterclaim Plaintiff prays this Honorable court to award partial custody of the parties' minor child to the Defendant/Counterclaim Plaintiff. Defendant/Counterclaim Plaintiff prays for such other relief as may be just and proper. Respectfj?;ly submitted, , P. C. Date: Sy: rd oa D. Cunningham, Esquire I.D. #23144 2320 North Second Street P. 0. Sox 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Defendant) bl\docs\reply\yohe 15 I, TIMOTHY L. YOHE, verify that the statements made in the foregoing REPLY TO PETITION FOR PROTECTION FROM ABUSE, TOGETHER WITH NEW MATTER AND COUNTERCLAIM are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: I6-1" q7 CHRISTINE YOHE, for IN THE COURT OF COMMON PLEAS herself and on behalf CUMBERLAND COUNTY, PENNSYLVANIA of her minor child SAVANNAH MARIE YORE, Plaintiff V. NO. 99 - 5605 CIVIL TERM TIMOTHY LAWLER YORE, Defendant PROTECTION FROM ABUSE CERTIFICATE OF SERVICE I do hereby state that I served a true and correct copy of the Reply to Petition for Protection from Abuse together with New Matter and Counterclaim in the above captioned matter, by hand-delivering the same on October 6, 1999, to: Joan Carey, Esquire Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 (Attorneys for Plaintiff) Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date: October 6. 1999 By; Holly . Boyer Paralegal 2320 North Second Street P. 0. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 r N y L. i?.. 4 1-' 1 . ( )',.. - - V-" f_1 'i1Cl O (T O O LLQ U. W . V R Q 2 y J O cc >- w 0 ca 0Z LU CL .?yC 2 Z = C 2 R 7 [L V S T a 0 u I u N r r O U 9 G u '> Fp 9 V O ? U O ? t 9 N ?T d ? u C r >, ep u y a y G t t O • ( 1 O CHRISTINE YOHE, for IN'' THE COURT OF COMMON PLEAS OF herself and on behalf of her CUMBERLAND COUNTY, PENNSYLVANIA minor child, SAVANNAH MARIE YOHE, Plaintiff 99-5605 vs. CIVILACTION-LAW TIMOTHY LAWLER YOHF, Defendant IN RE: DEFENDANT'S MOTION FOR RECONSIDERATION ORDER AND NOW, this day of October, 1999, the motion of the defendant for reconsideration of the plaintiff's petition for protective order is DENIED. The "Counterclaim" of the defendant is DISMISSED as having been filed in violation of the provisions of 23 Pa.C.S.A. 6108(c). This order is without prejudice to the defendant to initiate a separate action with service according to law. BY THE COURT, Joan Carey, Esquire For the Plaintiff Jordan Cunningham, Esquire For the Defendant Arn u: no OCT 1 8 7990 CHRISTINE YORE, for IN THE COURT OF COMMON PLEAS herself and on behalf CUMBERLAND COUNTY, PENNSYLVANIA of her minor child, SAVANNAH MARIE YORE, Plaintiff V. NO. 99 - 5605 CIVIL TERM TIMOTHY LAWLER YOHE, Defendant CIVIL ACTION - LAW ORDER AND NOW, this day of October, 1999, upon consideration of the Plaintiffs Motion for Reconsideration of the Order of October 7, 1999 is granted. A hearing on the Petition for Protection from Abuse, together with Counterclaim, is hereby scheduled for the day of , 1999, at .M., in the Cumberland County Courthouse, Courtroom No. , One Courthouse Square, Carlisle, Pennsylvania. BY THE COURT: J. CHRISTINE YOHE, for IN THE COURT OF COMMON PLEAS herself and on behalf CUMBERLAND COUNTY, PENNSYLVANIA of her minor child, SAVANNAH MARIE YORE, Plaintiff V. NO. 99 - 5605 CIVIL TERM TIMOTHY LAWLER YOHE, Defendant CIVIL ACTION - LAW ORDER AND NOW, this day of October, 1999, upon consideration of the Defendant's Motion for Reconsideration, a copy of which is annexed hereto, it is hereby ORDERED that Defendant's Motion for Reconsideration is hereby granted. BY THE COURT: J. CHRISTINE YORE, for herself and on behalf of her minor child, SAVANNAH MARIE YORE, Plaintiff V. TIMOTHY LAWLER YORE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 5605 CIVIL TERM CIVIL ACTION - LAW RULE AND NOW, this day of October, 1999, upon consideration of the Defendants Motion for Reconsideration, a Rule is issued to Plaintiff to show cause, if any she has, why Defendants Motion should not be granted. RULE RETURNABLE days from the date of service. BY THE COURT: J. CHRISTINE YOHE, for herself and on behalf of her minor child, SAVANNAH MARIE YORE, Plaintiff V. TIMOTHY LAWLER YOHE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 5605 CIVIL TERM CIVIL ACTION - LAW DEFENDANTIS MOTION FOR RECONSIDERATION AND NOW, comes the Defendant, Timothy Lawler Yohe, by and through his counsel, Cunningham & Chernicoff, P.C., who files this motion for Reconsideration, and in support thereof avers as follows: 1. On or about September 13, 1999, a Petition for Protection from Abuse was filed. 2. The original hearing date for the Petition for Protection from Abuse was scheduled for Friday, September 17, 1999. 3. The hearing originally scheduled for September 17, 1999 was continued on September 20, 1999 to Monday, October 4, 1999 at 9:00 a.m. 4. During the last week of September, 1999, Defendant was served with a copy of the Petition for Protection from Abuse. Defendant contacted counsel and Defendant's counsel contacted Plaintiff's counsel in the course of his representation of Defendant's interests. 5. Plaintiff's counsel requested Defendant's counsel to agree to a continuance of the hearing scheduled for October 4, 1999 as a result of Defendant's counsel not being available on that date. 6. Defendant's counsel agreed to the continuance and confirmed the agreement of continuance with Judge Hess' secretary. 7. Upon confirming the continuance with Judge Hess' secretary, Defendant's counsel was advised by Judge Hess' secretary that the hearing would be rescheduled to October 7, 2 1999, at 3:30 p.m. Defendant's counsel advised Judge Hess' secretary that he had a previously scheduled appointment on that date at 3:00 p.m. with the District Attorney of Dauphin County that had been long set and established. Judge Hess' secretary advised Defendant's counsel that the next available date for the hearing was in December, 1999. upon hearing that the next available hearing date would be in the month of December, 1999, Defendant's counsel advised Judge Hess' secretary to schedule the hearing for October 7, 1999 at 3:30 p.m. and that he would either attempt to reschedule the meeting with the District Attorney of Dauphin County or, in the alternative, have an associate participate in the meeting with the District Attorney. 8. A notice of the change in the hearing date was forwarded by Judge Hess' chambers on or about September 30, 1999, however, was not received by Defendant's counsel due to his being out of the office on October 1, 1999 until October 4, 1999. 3 9. Defendant's counsel read the notice of the hearing date, however, did not note that the time of the hearing set forth in the order had been changed from 3:30 p.m. to 3:00 p.m. 10. on October 6, 1999, Defendant's counsel filed an Answer to the Petition for Protective from Abuse, together with a Counterclaim seeking an order for Protection from Abuse on behalf of the Defendant as against the Plaintiff, Christine Yohe. 11. On the date of the hearing, counsel appeared at approximately 3:17 p.m. at the Chambers of the Honorable Kevin B. Hess. Defense counsel explained that he was under the belief that the hearing was scheduled for 3:30 p.m. and that there was no intention on the part of the Defendant not to participate in the hearing, especially in light of the filing of a Counterclaim. 12. After having been advised by the Court that the hearing had been held and that an order entered, Defendant's 4 counsel discussed the situation with the Defendant and other witnesses. 13. After discussing the circumstances with the Defendant and witnesses, it came to the Defendant's counsel's attention that the court, during the course of the hearing, had been made aware of defense counsel's understanding that the time of the hearing had been 3:30 p.m, and not 3:00 p.m., but that the Court relied upon the order issued in the case and continued the hearing. 14. It is defense counsel's error that he failed to carefully scrutinizing the order of this Honorable Court setting the time of the hearing for 3:00 p.m. in this matter. 15. Defendant has been and will continue to be prejudiced unless this Honorable Court grants this Motion and grants Defendant's request to reschedule a hearing. 16. Defendant should not be prejudiced as the result of Defendant's counsel's error, especially in light of the fact that Defendant's counsel did appear on the date of the hearing and explained the circumstances to the Court. 5 WHEREFORE, Defendant respectfully requests that this Honorable Court grant his Motion for Reconsideration and reschedule a hearing in this matter to hear not only the evidence support the underlying Petition for Protection from Abuse, but also the Defendant's underlying Counterclaim. Respectfully submitted, , P.C. Date: October 15, 1999 CD. #$'3144 2320 North Second Street P.O. Sox 60457 Harrisburg, PA 17106-0457 (717) 238-6570 (Attorneys for Plaintiff) bl\docs\motions\yohe 6 CHRISTINE YORE, for herself and on behalf of her minor child SAVANNAH MARIE YORE, Plaintiff V. TIMOTHY LAWLER YOHE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 5605 CIVIL TERM PROTECTION FROM ABUSE CERTIFICATE OF SERVICE I do hereby state that I served a true and correct copy of the motion for Reconsideration in the above captioned matter, by placing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, on October 15, 1999, addressed to: Joan Carey, Esquire Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 (Attorneys for Plaintiff) Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date: October 15. 1999 By Blanche A. Morrison, Secretary to Jordan D. Cunningham, Esquire 2320 North Second Street P. 0. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 ,? ?_:; ;;_. ?: r: ?_ ,,., r_, _.. ,.... . r. ..- i?: :: CHRISTINE YORE, for herself and on behalf of her minor child: SAVANNAH MARIE YORE Plaintiff Vs. TIMOTHY LAWLER YOHE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5605 CIVIL TERM PROTECTION FROM ABUSE ORDER AND NOW, this Z` day of February, 2000, upon consideration of the within Petition, the portions of the Final ProtectionOrder entered on October 7, 1999, which exclude Defendant, Timothy Lawler Yohe, from Plaintiff's residence at 4709 DelbrookRoad, Mechanicsburg, and prohibit Defendant from having any contact with Plaintiff, are vacated. In all other respects the Final Protection Order entered on October 7, 1999, remains in full force and effect. By the Court, Kevin QrHess, Judge ,copy ?y?pa CnscL n / Ps P ?O CJ m- o RK9 Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. Jordan D. Cunningham, Attorney for Defendant CUNNINGHAM & CHERNICOFF 2320 North Second Street Harrisburg, PA 17110 ? - ?, ?_ ; - ?. ?. _ a "':?? N ?'' / ?I 4 i .' ? .?. ?:?? ?' __ CHRISTINE YORE, for herself and on behalf of her minor child: SAVANNAH MARIE YOHE Plaintiff vs. TIMOTHY LAWLER YOHE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5605 CIVIL TERM PROTECTION FROM ABUSE PETITION FOR MODIFICATION Plaintiff~ Christine Yohe, by and through her attorney, Joan Carey, of LEGAL SERVICES, INC. represents the following: 1. Plaintiff, Christine Yohe, and Defendant, Timothy Lawler Yohe, are in the process of reconciling their differences. 2. Plaintiff desires that the portions of the Final Protection Order entered on October 7, 1999, which exclude Defendant, Timothy Lawler Yohe, from Plaintiffs residence at 4709 Delbrook Road, Mechanicsburg (paragraph 2), and prohibit Defendant from having any contact with Plaintiff (paragraphs 3 and 4), are vacated. 3. Plaintiff desires that all other provisions of the Final Protection Order entered on October 7, 1999, remain in effect. WHEREFORE, Plaintiffrequests that the Final Protection Order entered on October 7,1999, be modified to reflect the above provisions, and that in all other respects, the Order remain in full force and effect. Respectfully submitted, Joan Carey, Attornegor Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 YERIFICATION The above-named Plaintiff, Christine Yohe, verifies that the statements made in the above Petition are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: ic///? 2 e r e Christine Yohe, Plainti ?., :- ;. ` __ ; ; ,:: -- ? ,:; _ , ;? - , ?: ; ?: _. ..- ,_, ?