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HomeMy WebLinkAbout04-5196 IN THE COURT OF COMMON ]?LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EMERY P. HORN, II, Plaintiff, TRACI LYNN YOHE, Defendant CIVIL ACTION - LAW No. CC e IN CUSTODY COMPLAINT FOR CUSTODY The Plaintiff is Emery P. Hom, II, presently residing at 1152 Ritner Highway, Shippensburg, Cumberland County, Pennsylvania 172:57. The Defendant is Traci Lynn Yohe, with last known mailing address at 1152 Rimer Highway, Shippensburg, Cumberland County, Pennsylvania, and with present physical address unknown. Plaintiff seeks custody of the following children: NAME Jordon K. Horn PRESENT RESIDENCE 1152 Ritner Highway Shippensburg, PA 17257 AGE 6 years (DOB January 17, 1998) Justin L. Horn 1152 Rimer Highway Shippensburg, PA 17257 4 years (DOB November 15, 1999) The children were bom outside the bonds of matrimony. The children are presently in the custody of Emery P. iHom, II, the Plaintiff, who resides at 1152 Ritner Highway, Shippensburg, Cumberland Cocmty, Pennsylvania 17257. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESS DATE Emery P. Horn, II, Father 1152 Rimer Highway Shippensburg, PA 1725'7 8/16/04 to present Emery P.Hom, II, Father Traci Lynn Yohe, Mother 1152 Rimer Highway Shippensburg, PA 17257 6/19/04 to 8/16/04 Traci Lynn Yohe, Mother Julie Boarts David Boarts 5 Lynn Avenue Newburg, PA 1/1/04 to 6/19/04 Traci Lynn Yohe, Mother 307 Farmington Drive Shippensburg, PA 17257 1/1/00 to 12/31/03 The mother of the children is Traci Lynn Yohe, currently residing at an unknown address. She is married to Brian Yohe but separated from him. The father of the children is Emery P. Horn, II, currently residing at 1152 Rimer Highway, Shippensburg, Pennsylvania 17257. He is single. The relationship of Plaintiff to the children is that of Father. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Jordon K. Horn Child Justin L. Horn Child The relationship of Defendant to the children is that of Mother. The Defendant currently resides with the following persons: NAME RELATIONSttlP Unknown Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court.. Attached hereto, labeled as Exhibit 1, and incorporated by reference herein is copy of Order of Court dated June 25, 1998, entered to docket number 1998-392 in the Court of Common Pleas of the 39th Judicial District - Franklin County Branch. Plaintiff has no information of any other custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person, not a party to the proceedings, who has physical custody of the children or claims to have custody or visitation rights with respect to the children. The best interest and permanent welfare of the children will be served by granting the relief requested because: Plaintiff is better able to care for the physical and emotional needs of the children; and B. Defendant abandoned the children on or about August 16, 2004. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: NAME ADDRESS BASIS OF CLAIM None WHEREFORE, Plaintiff requests the Court to grant !both legal and physical custody of the minor children to the Plaintiff. WEIGLE & ASSOCIATES, P.C. By: Richard L. Webber, Jr.,'~qtilre Attorney for Plaintiff I.D.# 49634 126 East King Street Shippensburg, PA 17257 Telephe,ne 717-532-7388 VERIFICATION I verify that the statements made in the foregoing Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. WEIGLE & ASSOCIATES, RC. ATTORNEYS AT LAW 126 EAST KING STREET SHIPPENSBURG, PA 17257 1397 IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA FRAiqKLIN COUNTY BRANCH TPJkCI L. YOHE, : CIVIL ACTION Plaintiff, : EMERY PHILIP HO~ II, : ~:'~ Defondan~. : C~STODY r :~ O~ER OF CO~T :C~ .: ~ ~ NOW, this --o_ day of ~ , .~ .~ the Court hereby Orders as follows: the stipulation of the parties, 1. Plaintiff, hereinafter "Mother," and Defendant, hereinafter "Father," shall have shared legal custody of the minor child, Jordan K. Horn, born January 17, 1998. 2. Mother shall have primary residential custody of the minor child. 3. Father, shall have partial residential custody at the followin9 times: a. every Wednesday from 4:00 p.m. b. c. until 8:00 p.m.; every Saturday from 11:00 a.m. until 5:00 p.m.; and at other times mutually agreeable to-the parties. 4. Both parties shall provide each other with their current addresses and telephone nuntbers at all times. ~NDA Lo ~.~:ARD, P~oT'H6N_OTARy Traci L. Yohe, Plaintiff vs. Emery Philip Horn II, Defendant F.~, 19~!- -Custody page 2 5. Father shall be responsible for transportation with the exchanges occurring at Mother's residence. 6. Neither party shall make disparaging remarks about the other in the presence of the child. 7. Plaintiff having filed an affidavit of poverty, the cost of filing this proceeding is waived. By the Court, EMERY P. HORN, II : PLAINTIFF : V. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-5196 CIV1L ACTION LAW TRACI LYNN YOHE DEFENDANT : 1N CUSTODY ORDER OF COURT AND NOW, Wednesday, October 20, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Itubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday,, November 11, 2004 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 a~e 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 ali existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Giltoyi Esq. Custody Conciliator mhc The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 EMERY P. HORN, II : PLAINTIFF : TRACI LYNN YOHE DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-5196 CIVIL ACTIONLAW 1N CUSTODY ORDER OF COURT AND NOW, Wednesday, October 20, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, November 11, 2004 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 mag 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 THE COURT, By: /s/ Hubett X. Gilrog, 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 HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TEiLEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EMERY P. HORN, II, Plaintiff, ¥. TRACI LYNN YOHE, Defendant CIVIL ACTION - LAW NO. 04-5196 CIVIL IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA · COUNTY OF CUMBERLAND · SS Patricia A. Frey, being duly sworn according to law, deposes and says that on November 13, 2004, a tree and attested copy of a Complaint for Custody and Order of Court, dated October 20, 2004, was served upon the Defendant, Traci Lynn Yohe. Manner of service: by mailing the same postage paid, certified mail, addressee ordy, and return receipt requested, at Shippensburg, Pennsylvania, addressed as follows: Traci Lynn Yohe 902 North Third Street Harrisburg, PA 17102 The return receipt signed by the Defendant is evidence of delivery to her and is attached hereto as "Exhibit A." Swom to and subscribed before me this 17th day of November, 2004. Patricia A. Frey Notaty-,Public wEIGLE & ASSOCIATES, P~C. -- ATTORNEYS AT LAW -- 126 EAST KING :STREET -- SHIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EMERY P. HORN, II, : Plaintiff, : V. ; TRACI LYNN YOHE, : Defendant : CIVIL ACTION - LAW NO. 04-5196 CIVIL IN CUSTODY PROOF OF DELIVERY RLW ~ost~e $ ~'.~ ~ ~ i,~ ~_ . - P~stma~ R~urn R~pt F~ (Endomement R~uir~) (Endorsement Require) rSent To St~t, Apt. No.; harrisburg, ~& 17102 I~, 1. ~~~: T~CI L~ YOHE 902 N. THI~ ST. ~RISB~G, PA 17102 2. Article Number ~.s~,~,~ 7001 2510 0001 B. Received by C. Date of ~ D. Isdelive~addmssdlfferentfmmlteml? [] Ym If YES, enter delivery address below: [] No ~ Mail [] Express Mail [] Registered I-I Return Receipt for Memflendlee [] Insured Mall [] C.O.D. 4. Restricted Detlveq/? (Extra Fee) 8143 8306 PS Form 3811, August 2001 102595-02-M-1540 EXHIBIT "A" WEIGLE E~ ASSOCIATES,RC. -- ATTORNEYS AT LAW -- 12:6EAST KIN(] 3TREET -- SHIPPENSBUR(], PA 17257-1397 JAN 1 0 ?OO,'J. EMERY P. HORN, II, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW TRACI LYNN YOHE, Defendant NO. 04-5196 IN CUSTODY COURT ORDER AND NOW, this I'J~ day of January, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The father, Emery P. Horn, II, and the mother, Traci Lynn Yohe, shall enjoy shared legal custody of Jordan K. Horn, born January 17, 1998, and Justin L. Horn, born November 15, 1999. 2. The father shall enjoy primary physical custody of the minor children. 3. The mother shall enjoy periods of temporary physical custody of the minor children at such time and under such circumstances as agl~eed upon by the parties. 4. In the event that the mother determines that she is not being provided by the father sufficient time with the minor children, mother may fIle a petition with this Court to have the case again scheduled for a conference with the Custody Conciliator. BY THE COURT, . All cc: Richard L. Webber, Jr., Esquire Traci Lynn Yohe - ) ,CfJ-.!Uo~cd t- / [.OJ ~ '9-- - l:j :Z!:1:1 ,',,1 Ii .C.l - EMERY P. HORN, II, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERI.AND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW TRACI LYNN YOHE, Defendant NO. 04-5196 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CML RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the childr'en who are the subject of this litigation is as follows: Jordan K. Horn, born January 17, 1998, and Justin L. Horn, born November 15, 1999. 2. A Conciliation Conference was held on January 6, 2005, with the following individuals in attendance: The father, Emery P. Horn, II, with his attorney, Richard L. Webber, Jr. The mother did not appear. Attorney Webber indicated mother had been served and father indicated that he had a recent telephone conveJrSation with mother in which she acknowledged that she was aware of the Conciliation Conference. 3. The situation is that the father has custody of the two minor children and has had primary custody since last August. The mother has had sporadic visitation with the children since that time. 4. The Conciliator recommends an Order in the form as attached. (-'7- 0 r DATE