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Home My WebLink About05-4800 BRAD YOST, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW : CUSTODY TESS YOST, Defendant : NO. 0". II !i'DV CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Brad Yost, by his attorneys, the Family Law Clinic, avers the following in support of his Complaint for Custody: I. The plaintiff is Brad Yost ("Father"), residing at 4218 Carlisle Road, Gardners, Cumbetland County, P A 17324. 2. The defendant is Tess Yost ("Mother"), residing at 20 Schoolhouse Road, Gardners, Cumberland County, p A 17324. 3. Father seeks custody ofthe following children: ~ Present Residence Date of Birth Tristen Myers 4218 Carlisle Road, Gardners, Cumberland County, Pennsylvania, 17324 4/5/2001 Macala Myers 4218 Carlisle Road, Gardners, Cumberland County, Pennsylvania, 17324 4118/1998 The children were born out of wedlock. The children are presently in the custody of Father, who resides at 4218 Carlisle Road, Gardners, Cumberland County, P A 17324. During the past five years, the children have resided with the following persons and at the following addresses: Persons Address ~ Brad Yost 526 Highland Court 1/2000 - 10/2002 Tess Yost Carlisle, P A, 17013 Brad Yost 20 Schoolhouse Road 10/2002 - 2/2003 Tess Yost Gardners, Cumberland County Tonya Myers PA,17324 James Myers Brad Yost 4218 Carlisle Road 2/2003 - 6/2003 Tess Yost Gardners, Cumberland County Wendy Smith PA,17324 Richard Todt Brad Yost 2804 Warren Way 6/2003 - 8/24/2005 Tess Yost Mechanicsburg, P A, 17050 Brad Yost 4218 Carlisle Road 8/24/2005 - present Wendy Smith Gardners, Cumberland County Richard Todt PA, 17324 4. The mother of the children is Tess Yost, currently residing at 20 Schoolhouse Road, Gardners, Cumberland County, P A 17324. She is married. 5. The father of the children is Brad Yost, currently residing at 4218 Carlisle Road, Gardners, Cumberland County, P A 17324. He is married. 6. The relationship of the plaintiff to the children is that offather. Father resides with the following persons: ~ Relationship Wendy Smith Father's mother Richard Todt Father's stepfather Macala Myers Daughter Tristen Myers Daughter 7. The relationship of the defendant to the children is that of mother. Mother currently resides with the following persons: ~ Tonya Myers James Myers Relationship Mother's mother Mother's father 8. Father 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. 9. Father does not know of a 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. 10. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Father believes that Mother's paramour, Scott Hadbavny, sexually molested the children, and Mother continues to have a relationship with Mr. Hadbavny. b. Cumberland County Children and Youth Services is currently investigating the alleged molestation of the children. c. Father is able to provide the children with a home with the moral, emotional and physical surroundings required to adequately meet the children's needs. d. Father continues to exercise parental duties on behalf of the children and enjoys the love and affection of the children. e. Father is willing to encourage the children's relationship with their mother, provided that Scott Hadbavny has no contact with the children when they are with Mother. II. 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, Father requests that the Court grant him shared legal and primary physical custody of the children with Mother having periods of partial physical custody. Date: q-ll.{-O~ ~~J~.J..vv Robert K. Lascher Certified Legal Intern ~~- THOM . PLACE ROBER E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, Pa 17013 717/243-2968 VERIFICATION I verify that the ~tatements 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. S 4904, relating to unsworn falsification to authorities. Date: '7 //'-!/O~ 6-15~ ~~ Brad Yost, Plaintiff ~ lL.j ~ (:) -q J- fil PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRAD YOST V. 05-4800 CIVIL ACTION LAW TESS YOST IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, September 21, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hnbert X. Gilroy, Esq. at 4th Floor, Cnmberland Connty Conrthonse, Carlisle on Thnrsday, October 20, 2005 , the conciliator, at 9:30 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 de tIne and narrow the issues to be hcard by the court, and to cnter 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 pennanent 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: Isl Hubert X Gilrov, Esq. Custody Conciliator 'II ~ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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 HA VE 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 ~ ~-#~~ 4~ ..f'(J- ee'(J -k 2- ~ ~u, .-ft:? t?e'b 7?" ~ ~~?~ )77.ee6 ~ -"lr\(+'/,'\l'\GNi\I~~d A1Nr~,c.:'~r r~"-.i{:;':~i,A.u18 60 :8 !,!J 22 d3S SOOl }.,tlVJ.ONOHlGUd 3Hl :10 38U:l0-0:J1I:J BRAD YOST, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : IN CUSTODY TESS YOST, Defendant : NO. 05- '{ J(m CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Brad Yost, 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 q -I'I-o~ Respectfully submitted, ~~ J",.u~ ./ Robert K. Lascher Certified Legal Intern ~~,L-~ ROB . RAINS THOMA: M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 :..~,1 .---------- OCT 2 6 20Y BRAD YOST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 05-4800 CIVIL ACTION - LAW TESS YOST, Defendant IN CUSTODY ORDER OF COURT t't. AND NOW, this )1.{ day of October, 2005, the Conciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction. c' \.7 ,\.. BRAD YOST, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION-LAW : CUSTODY TESS YOST, Defendant : NO. 05-4800 CIVIL TERM PRAECIPE TO WITHDRAW CUSTODY COMPLAINT To the Prothonotary: Please mark the Complaint in the above captioned matter withdrawn. October 28, 2005 ~-2.~v Robert K. Lascher Certified Legal Intern -{(.);i..J~ TOM. PLACE ROB RT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, Pa 17013 717/243-2968 --:;"'.-. 0' BRAD YOST, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW CUSTODY TESS YOST, Defendant : NO. 05-4800 CIVIL TERM CERTIFICATE OF SERVICE I, Robert Lascher, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Praecipe to Withdraw Custody Complaint on Defendant Tess Yost, by depositing a copy of the same in the United States mail, first class, postage prepaid, and addressed to Tess Yost, P.O. Box 1434, Mechanicsburg, P A 17055. Service was complete upon mailing pursuant to Pennsylvania Rule of Civil Procedure 440(b), on the the 28th day of October, 2005. ( ~~ Robert Lascher Certified Legal Intern ~ '.1 1/7 He j'\1-(r L()([ ~ TH0,M S M. PLACE ROl3ERT RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 "'n', '-, '-~/ Q ~ , ~ --~ ~ ~:; '--:;. ~- ~;'"! \ rV o ..., :::?..,.., :n f': \ -n ~'q f7(J "::,~..y;} ''J.,-?, ';-Sj\ ~\ -~ -"':J '.'4 -0. :;,.,,, .- --;. ~ v lw'':'