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HomeMy WebLinkAbout02-3488IN THE COURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA ELWOOD J. YOHE, II, Plaintiff V. HEATHER A. YOHE, Defendant · NO. 02-3488 CIVIL TERM : · CIVIL ACTION - LAW : : DIVORCE/CUSTODY PRAECIPE TO WITHDRAW PLAINTIFF'S PETITION FOR ALIMONY PENDENTE LITe. TO THE PROTHONOTARY OF THE SAID COURT: Please withdraw Plaintiff's Petition for Alimony Pendente Lite in which Plaintiff requested the scheduling of a conference to be held by the Domestic Relations's Office on his claim for Alimony Pendent Lite. Respectfully submitted, Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID ~ 32112 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELWOOD J. YOHE, II, Plaintiff HEATHER A. YOHE, Defendant : NO. 02' 37 ~ CIVIL TERM : : CIVIL ACTION - LAW : : DIVORCE/CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FINE OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELWOOD J. YOHE, II, : Plaintiff : NO. O~ · ~CIVIL TERM v. : CIVIL ACTION - I.~.W HEATHER A. YOHE, : DIVORCE/CUSTODY Defendant : COMPLAINT AND NOW, this ~day of July, 2002, ELWOOD J. YOHE, II, by his attorney, DIANE G. and files this Complaint in Divorce of which statement: COUNT I DIVORCE 3 o comes the Plaintiff, R3kDCLIFF, ESQUIRE, the following is a The Plaintiff is Elwood J. Yohe, residence is 83 Lebo Road, Carlisle, The Defendant is Heather A. Yohe, an last known address is 83 Lebo Road, Carlisle, PA 17013, but who is believed to be residing at 1106 Old Route 30, Ortanna, PA 17353 since approximately July 20, 2002. The parties are the parents of a minor child, Elwood J. Yohe, III, born on February 22, 2000. II, an adult individual whose PA 17013. adult individual whose Plaintiff and/or Defendant have the Commonwealth for at least six filing of this Complaint. been bona fide residents of (6) months previous to the Plaintiff and Defendant were married on November 6, 1999, at Penn Township, Cumberland County, Pennsylvania. There have been no prior actions of divorce or annulment between the parties. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to Armed Services of the avers that the grounds on which the action is participate in counseling. The Defendant is not a member of the United States or any of its Allies. The Plaintiff based are: Section 3301 c : The marriage is irretrievably broken; Section 3301 d : The marriage is irretrievably broken and the parties are now living separate and apart. Once the parties have lived separate and apart for a period of two years, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. Section 3301(a) (6): Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render his condition intolerable and life burdensome, and that this action is not collusive. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. COUNT II EQUITABLE DISTRIBUTION 9. Paragraphs 1 through 8 are incorporated by reference hereto as fully as though the same were set forth at length. 10. Plaintiff and Defendant have acquired property and debts, both real and personal, during their marriage from November 6, 1999 until July 18, 2002, the date of separation, all of which are "marital property" or "marital debts". 11. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". 12. Plaintiff and Defendant entered into a Post-nuptial Agreement which contains provisions regarding the distribution of the marital residence located at 83 Lebo Road, (the "Marital Home"). hereto, marked Exhibit parties have been unable to agree as Carlisle PA 17013 A copy of that agreement is attached "A" and made a part hereof. The to an equitable division of the Marital Home Agreement or to the debts as of the date of W~EREFORE, Plaintiff equitably divide in accordance with the terms of that division of other marital property and the filing of requests this all marital property and debts of this Complaint. Honorable Court the parties. to 13. 14. 15. award of alimony pendente lite until final hearing enter an award of alimony permanently thereafter. COUNT III ALIMONY PENDENTE LITE, ALIMONY Paragraphs 1 through 12 are incorporated by reference hereto as fully as though the same were set forth at length. Plaintiff lacks sufficient property to provide for his reasonable means and is unable to support himself through appropriate employment. Plaintiff requires reasonable support to adequately maintain himself in accordance with the standard of living established during the marriage. W~EREFORE, Plaintiff requests this Honorable Court to enter an and hereafter COUNT IV COUNSEL FEES, COSTS AND EXPENSES 16. Paragraphs 1 through 15 are incorporated by reference hereto 4 as fully as though the same were set forth at length. 17. Plaintiff has employed Diane G. Radcliff, Esquire, as counsel but is unable to pay the necessary and reasonable attorney's fees for said counsel. 18. The Plaintiff is in need of hiring various experts to appraise the parties' marital assets and does not have the funds to pay the necessary and reasonable fees. W~EREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums appropriate and at counsel fees, costs appropriate. EXCLUSIVE hereafter as may be deemed necessary and final hearing to further award such additional and expenses as are deemed necessary and COUNT V POSSESSION OF MARITAL HOME 19. 20. AND INJUNCTIVE RELIEF Paragraphs 1 through 18 are incorporated by reference hereto as fully as though the same were set forth at length. On or about July 15, 2002, Defendant filed a Protection from Abuse action against Plaintiff docketed to No. 02-3405 Civil Term and secured a temporary order entered of record on July 18, 2002 evicting Plaintiff from the Martial Home. 5 21. Between July 18, 2002 and July 21, 2002, Defendant removed virtually all of the contents from the Marital Home and took them with her to her new residence. The items she took included not only her personal items, but also items that are properly classified as ~marital property", as well as personal items of Plaintiff. 22. During the process of that removal Defendant and persons assisting her damaged the Marital Home and attached garage, thereby dissipating and diminishing its value. 23. 24. 25. 26. On July 22, 2002, Defendant's counsel in the PFA action advised Plaintiff's counsel that Defendant had moved out of and from the Marital Home, and Plaintiff was permitted to move back into the Marital Home, and that he would counsel her to stay away from the Marital Home. The parties have agreed to the entry of a final PFA Order without admission of any abuse which Order will be entered in the above referenced case in the near future. Plaintiff is seeking custody of the parties' child as set forth in the following Count VI, and needs the Marital Home to provide continuity and stability for that child. Plaintiff has two dogs, and because of those dogs has no other place to live other than the Marital Home. 6 27. 28. Because of the existence of the temporary PFA order and final PFA Plaintiff the Order to be entered in the aforesaid PFA action, is not permitted to have contact with Defendant. If Defendant is not excluded from the Marital Home, she would be permitted to enter the Marital Home thereby causing Plaintiff to inadvertently and unintentionally violate the terms of the PFA Order. 29. In the past Defendant has been physically violent with 30. 31. 32. Plaintiff causing him bodily injury, and Plaintiff fears that if Defendant is permitted to reenter the Marital Home that she may again be violent with him. Defendant is not contributing to the costs and expenses of the Marital Home and has left Plaintiff with numerous expenses for the Marital Home that were not paid for the time period she shared possession of the Marital Home with Plaintiff. Plaintiff fears that if Defendant is not excluded from the Marital Home, she may reenter the Marital Home and remove further belongings from the Marital Home, including items of which she is not entitled to possession. Plaintiff believes and therefore avers that unless an injunction is entered, Defendant may dispose of marital property, including the personal property that she removed from the Marital Home, that is subject to equitable distribution between them. W~EREFORE, Plaintiff requests this Honorable Court to enter and order granting him exclusive possession of the Marital Home and excluding conveying, Defendant therefrom, and enjoining Defendant from disposing, dissipating, encumbering or otherwise acting with regard to marital property that would destroy or lessen his equitable distribution rights therein. COUNT VI CUSTODY 33. Paragraphs 1 through 32 are incorporated by reference hereto as fully as though the same were set forth at length. 34. Plaintiff seeks custody of the following child (the "Child"): 35. 36. Elwood J. Yohe III 1106 Old Route 30 2 2/22/00 Ortanna, PA 17353 The Child was not born out of wedlock. The Child is presently in the custody of the Heather A. Yohe whose last know address is 83 Lebo Road, Carlisle, Cumberland County, PA 17013 but who is believed to be residing at 1106 Old Route 30 Ortanna, PA 17353. 8 37. During the past five years, the Child has resided with the following persons and at the following addresses: Heather A. Yohe 1106 Old Route 30 7/18/02- Jessica L. Head Ortanna, PA 17353 present Brian C. Cook Jamie L. Cunningham Elwood J. Yohe, II 83 Lebo Road Mid-March 2002 Heather A. Yohe Carlisle, PA to Brian C. Cook 17013 7/18/02 Jamie L. Cunningham Heather A. Yohe 4712 Laurel Drive 3/3/02 Jamie L. Cunningham Harrisburg, PA to Brian C. Cook Mid-March 2002 Jessica L. Head (Note: the child June Reese was merely Bonnie & Robert Hindman staying at this residence for a brief period of separation of the parties and this was not an official address of the child.) Elwood J. Yohe, II 83 Lebo Road 4/1/2000 Heather A. Yohe Carlisle, PA to Jessica L. Head 17013 3/3/2002 Jamie L. Cunningham Brian C. Cook Elwood J. Yohe II 1478 State Street 2/22/2000 Heather A. Yohe Chambersburg, PA to Jessica L. Head 4/1/2000 Jamie L. Cunningham (Note child was Brian C. Cook in Harrisburg Hospital for all but a few weeks of this period.) 9 38. 39. The mother of the Child is Heather A. Yohe whose last known address is 83 Lebo Road, Carlisle, PA 17013, but who is believed to be residing at 1106 Old Route 30 Ortanna, PA 17353. She is married. The father of the Child is Elwood J. is 83 Lebo Road, Carlisle, PA 17013. Yohe, II, whose address He is married. 40. The relationship of Plaintiff to the Child is that of father. 41. The Plaintiff currently resides with the following persons: None N/A 42. The relationship of Defendant to the Child is that of mother. 43. The Defendant currently resides with the following persons: Elwood J. Yohe, III Son Jessica Leigh Head Daughter Brian Chandler Cook Son Jamie Lynn Cunningham Daughter 28. Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the Child in this or another court, specifically in the PFA action docketed to Cumberland County No. 02-3405 Civil Term. 10 29. Plaintiff has no information of a custody proceeding concerning the Child pending in a court of this Commonwealth other than the aforesaid PFA action. 30. Plaintiff 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 Child. 31. The best interest and permanent welfare of the Child will be served by granting the relief requested because: Plaintiff can better provide for the physical and emotional needs of the Child. bo Plaintiff can better provide the Child with stability and continuity and regular rules and discipline that will assist and enable the Child to grow up into a healthy adult. C o Defendant is unable to properly care for the Child or her other children and permits them to run rampant without any rules or regulations. d. Defendant is not stable. Defendant has permitted her other children to ridicule and disparage Plaintiff in front of the Child and is not likely to foster any relationship between Plaintiff and the Child. 32. Each parent whose parental rights to the Child have not been terminated and the person who has physical custody of the 11 Child have been named as parties to this action. W~EREFORE, Plaintiff requests the Court to grant shared legal and primary physical custody of the Child to the Plaintiff. Respectfully submitted, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 Fax: (717) 975-0697 12 EXHIBIT "A" POST-NUPTIAL AGREEMENT 14 7174864418 JUL-23-02 TUE 07:10 RM RLERT PHRRMROY FRX NO, 717488441~ P, O1 POST NUPTIAL AGREEMENT This agreement is entered into between Elwood Yohe, as Husband and Heather Yohe as Wife. The.parties wish to reach an agreement that addresses only the disposition of the residence in the avent of a separation and/or divorce. Other than this disposition each party retains all other rights as well as responsibilities. The terms set forth herein constitute the Agreement of the Parties, which may change the normal operation of law in the event a separation or divorce of the Parties. This Agreement limits or eliminates the rights of a Spouse in and to the parties residence. This Agreement shall become effective only upon the conveyance of the Husband's separately owned residence into the Parties as tenants by the entirety. The Parties agree that this constitutes sufficient consideration to support the enforcement of this post nuptial agreement, ' if the-P'arties separate, with either party intending to divorce, within five years from the signing of this agreement, then the parties residence will be sold. After the normal mortgages, liens and expenses of sale have been paid the Husband shall receive the sum of $$8,000.00. Any remaining gain on the sale of the home shall be equally divided, This, however, is conditioned on the Husband not having engaged in conduct that would constitute fault grounds for divorce under Pennsylvania law. In the event a court of competent jurisdiction determines that the Husband is at fault in the dissolution of the marriage, the proceeds from the sale of the home will be equally divided. IN WITNESS WHEREOF, the Parties have executed this Post-Nuptial Agreement in two or more counterparts on the day and year first written above, HUSBAND WIFE .~ih-er Yoh, //''t rob/dom/yehe.agr VERIFICATION ELWOOD J. YOHE, II verifies that the statements made in this Complaint are true and correct. ELWOOD J. YOHE, II understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: 13 ELWOOD J. YOHE~ 7/22/02 PETITION FOR APL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELWOOD J. YOHE, II, Plaintiff V. HEATHER A. YOHE, Defendant : NO.O~- 5~ CIVIL TERM : : CIVIL ACTION - LAW : : DIVORCE/CUSTODY : PETITION FOR ALIMONY PENDENTE LITE TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petitioner respectfully represents that: Petitioner is Elwood J. Yohe, II, an adult individual residing at 83 Lebo Road, Carlisle, PA 17013. Petitioner is the Plaintiff in the underlying divorce action, and the Divorce Complaint filed by him on July 23, 2002, includes a claim for alimony pendente lite. A true and correct copy of the Divorce Complaint is attached hereto, marked Exhibit UA" and made a part hereof. 0 The Defendant is Heather A. Yohe, an adult individual whose last known address is 83 Lebo Road, Carlisle, PA 17013, but who is believed to be residing at 1106 Old Route 30, Ortanna, PA 17353 since approximately July 20, 2002. 4. Respondent is the Defendant in the underlying divorce action. - 1 - ELWOOD J. YOHE/ 7/22/02 PETITION FOR APL o Petitioner and Respondent were married on November 6, 1999, at Penn Township, Cumberland County, Pennsylvania, and separated on July 18, 2002. That the Respondent has not sufficiently provided support for the Petitioner. Respondent is believed to be employed at Beverly Health Care, located at 741 Chambersburg Road, Gettysburg, PA, and earns approximately $70,000.00 gross per year. 8. Respondent's social security number is 192-60-8270. Petitioner is employed at Sico Oil Company located at 800 Ayers Avenue, Lemoyne, PA and earns approximately $32,000.00 gross per year. 10. Petitioner's social security number is 184-64-5637. 11. Petitioner is not receiving public assistance. 12. That the amount asked by the Petitioner for Alimony Pendente Lite is as much as the law allows under the State Guidelines. W~EREFORE, Petitioner prays that the Court enter an Order for Alimony Pendente Lite against the Respondent, as well as require the Respondent to provide medical support for the Petitioner, if ELWOOD J. YOHE/, 7/22/02 PETITION FOR APL appropriate. Respectfully submitted, Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Petitioner VERIFICATION I verify that the statements made in the foregoing Petition, and attached exhibits if any, are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. sec. 4904, relating to unsworn falsification to authorities. E~WOOD Date: ~- ~-~- ~2~ - 3 - ELWOOD J. YOHE~ 7/22/02 PETITION FOR APL EXHIBIT "A" DIVORCE COMPLAINT ELWOOD J. YOHE, II, Plaintiff V. HEATHER A. YOHE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. ~- 398~ CIVIL TERM : CIVIL ACTION - I~W : DIVORCE/CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GPJuNTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IFYOU 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. [RUE COPY FROM RECORD CUMBERLAND2 LIBERTyCOUNTY BARAvENuEASROCIAT/ON,~ r~im0ny %v~ere~, I here unto se~ my CARLISLE, PA 3.70[3 !{ ~i~ se~J_~ said Court at Carlisle. Pa. (717) 249-33.66 fi'il~y O~ ~ , Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV~NIA ELWOOD J. YOHE, II, Plaintiff HEATHER A. YOHE, Defendant : NO. ~ ~"~ CIVIL TERM : CIVIL ACTION - .~AW : : DIVORCE/CUSTODY COMPLAINT AND NOW, this ~'~day of July, 2002, comes the Plaintiff, ELWOOD J. YOHE, II, by his attorney, DIANE G. RADCLIFF, ESQUIRE, and files this Complaint in Divorce of which the following is a statement: COUNT I DIVORCE 1. The Plaintiff is Elwood J. Yohe, II, an adult individual whose residence is 83 Lebo Road, Carlisle, PA 17013. The Defendant is Heather A. Yohe, an adult individual whose last known address is 83 Lebo Road, Carlisle, PA 17013, but who is believed to be residing at 1106 Old Route 30, Ortanna, PA 17353 since approximately July 20, 2002. The parties are the parents of a minor child, Elwood J. Yohe, III, born on February 22, 2000. Plaintiff and/or Defendant have been bona fide residents of the Commonwealth for at least six (6) months previous to the filing of this Complaint. Plaintiff and Defendant were married on November 6, 1999, at Penn Township, Cumberland County, Pennsylvania. There have been no prior actions of divorce or annulment between the parties. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. The Defendant is not a member of the Armed Services of the United States or any of its Allies. The Plaintiff avers that the grounds on which the action is based are: a. Section 3301(c): The marriage is irretrievably broken; Section 3301(d): The marriage is irretrievably broken and the parties are now living separate and apart. Once the parties have lived separate and apart for a period of two years, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. C o Section 3301(a) (6): Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render his condition intolerable and life burdensome, and that this action is not collusive. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. COUNT II EQUITABLE DISTRIBUTION 9. Paragraphs 1 through 8 are incorporated by reference hereto as fully as though the same were set forth at length. 10. Plaintiff and Defendant have acquired property and debts, both real and personal, during their marriage from November 6, 1999 until July 18, 2002, the date of separation, all of which are "marital property" or "marital debts". 11. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property',. 12. Plaintiff and Defendant entered into a Post-nuptial Agreement which contains provisions regarding the distribution of the marital residence located at 83 Lebo Road, Carlisle PA 17013 (the "Marital Home"). A copy of that agreement is attached hereto, marked Exhibit "A" and made a part hereof. The parties have been unable to agree as to an equitable division of the Marital Home in accordance with the terms of that Agreement or to the division of other marital property and debts as of the date of the filing of this Complaint. W~EREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debts of the parties. COUNT III ALIMONY PENDENTE LITE, ALIMONY 13. Paragraphs 1 through 12 are incorporated by reference hereto as fully as though the same were set forth at length· 14. Plaintiff lacks sufficient property to provide for his reasonable means and is unable to support himself through appropriate employment. 15. Plaintiff requires reasonable support to adequately maintain himself in accordance with the standard of living established during the marriage· WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite until final hearing and hereafter enter an award of alimony permanently thereafter. 16. COUNT IV COUNSEL FEES, COSTS AND ~.YPENSE£ Paragraphs 1 through 15 are incorporated by reference hereto as fully as though the same were set forth at length. 17. Plaintiff has employed Diane G. Radcliff, Esquire, as counsel but is unable to pay the necessary and reasonable attorney's fees for said counsel. 18. The Plaintiff is in need of hiring various experts to appraise the parties' marital assets and does not have the funds to pay the necessary and reasonable fees. W~EREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate and at final hearing to further award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. 19. 20. COUNT V EXCLUSIVE POSSESSION OF MARITAL HOME AND INJUNCTIVE RELIEF Paragraphs 1 through 18 are incorporated by reference hereto as fully as though the same were set forth at length. On or about July 15, 2002, Defendant filed a Protection from Abuse action against Plaintiff docketed to No. 02-3405 Civil Term and secured a temporary order entered of record on July 18, 2002 evicting Plaintiff from the Martial Home. 21. Between July 18, 2002 and July 21, 2002, Defendant removed virtually all of the contents from the Marital Home and took them with her to her new residence. The items she took included not only her personal items, but also items that are properly classified as "marital property", as well as personal items of Plaintiff. 22. During the process of that removal Defendant and persons assisting her damaged the Marital Home and attached garage, thereby dissipating and diminishing its value. 23. On July 22, 2002, Defendant's counsel in the PFA action advised Plaintiff's counsel that Defendant had moved out of and from the Marital Home, and Plaintiff was permitted to move back into the Marital Home, and that he would counsel her to stay away from the Marital Home. 24. The parties have agreed to the entry of a final PFA Order without admission of any abuse which Order will be entered in the above referenced case in the near future. 25. Plaintiff is seeking custody of the parties' child as set forth in the following Count VI, and needs the Marital Home to provide continuity and stability for that child. 26. Plaintiff has two dogs~ and because of those dogs has no other place to live other than the Marital Home. 27. Because of the existence of the temporary PFA order and the final PFA Order to be entered in the aforesaid PFA action, Plaintiff is not permitted to have contact with Defendant. 28. If Defendant is not excluded from the Marital Home, she would be permitted to enter the Marital Home thereby causing Plaintiff to inadvertently and unintentionally violate the terms of the PFA Order. 29. In the past Defendant has been physically violent with Plaintiff causing him bodily injury, and Plaintiff fears that if Defendant is permitted to reenter the Marital Home that she may again be violent with him. 30. Defendant is not contributing to the costs and expenses of the Marital Home and has left Plaintiff with numerous expenses for the Marital Home that were not paid for the time period she shared possession of the Marital Home with Plaintiff. 31. Plaintiff fears that if Defendant is not excluded from the Marital Home, she may reenter the Marital Home and remove further belongings from the Marital Home, including items of which she is not entitled to possession. Plaintiff injunction 32 believes and therefore avers that is entered, Defendant may dispose property, unless an of marital including the personal property that she removed from the Marital Home, that is subject to equitable distribution between them. W~EREFORE, Plaintiff requests this Honorable Court to enter and order granting him exclusive possession of the Marital Home and excluding Defendant therefrom, and enjoining Defendant from conveying, disposing, dissipating, encumbering or otherwise acting with regard to marital property that would destroy or lessen his equitable distribution rights therein. COUNT VI CUSTODY 33. Paragraphs 1 through 32 are incorporated by reference hereto as fully as though the same were set forth at length. 34. Plaintiff seeks custody of the following child (the "Child"): 35. 36. Elwood J. Yohe III 1106 Old Route 30 2 2/22/00 Ortanna, PA 17353 The Child was not born out of wedlock. The Child is presently in the custody of the Heather A. Yohe whose last know address is 83 Lebo Road, Carlisle, Cumberland County, PA 17013 but who is believed to be residing at 1106 Old Route 30 Ortanna, PA 17353. 37. During the past five years, the Child has resided with the following persons and at the following addresses: Heather A. Yohe 1106 Old Route 30 7/18/02- Jessica L. Head Ortanna, PA 17353 present Brian C. Cook Jamie L. Cunningham Elwood J. Yohe, II 83 Lebo Road Mid-March 2002 Heather A. Yohe Carlisle, PA to Brian C. Cook 17013 7/18/02 Jamie L. Cunningham Heather A. Yohe 4712 Laurel Drive 3/3/02 Jamie L. Cunningham Harrisburg, PA to Brian C. Cook Mid-March 2002 Jessica L. Head (Note: the child June Reese was merely Bonnie & Robert Hindman staying at this residence for a brief period of separation of the parties and this was not an official address of the child.) Elwood J. Yohe, II 83 Lebo Road 4/1/2000 Heather A. Yohe Carlisle, PA to Jessica L. Head 17013 3/3/2002 Jamie L. Cunningham Brian C. Cook Elwood J. Yohe II 1478 State Street 2/22/2000 Heather A. Yohe Chambersburg, PA to Jessica L. Head 4/1/2000 Jamie L. Cunningham (Note child was Brian C. Cook in ~{a?risburg Hospital for all but a few weeks of this period.) 38. The mother of the Child is Heather A. Yohe whose last known address is 83 Lebo Road, Carlisle, PA 17013, but who is believed to be residing at 1106 Old Route 30 Ortanna, PA 17353. She is married. 39. The father of the Child is Elwood J. Yohe, II, whose address is 83 Lebo Road, Carlisle, PA 17013. He is married. 40. The relationship of Plaintiff to the Child is that of father. 41. The Plaintiff currently resides with the following persons: 42. 43. None N/A The relationship of Defendant to the Child is that of mother. The Defendant currently resides with the following persons: Elwood J. Yohe, III Son Jessica Leigh Head Daughter Brian Chandler Cook : Son Jamie Lynn Cunningham Daughter 28. Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the Child in this or another court, specifically in the PFA action docketed to Cumberland County No. 02-3405 Civil Term. 10 29. Plaintiff has no information of a custody proceeding concerning the Child pending in a court of this Commonwealth other than the aforesaid PFA action. 30. Plaintiff 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 Child. 31. The best interest and permanent welfare of the Child will be served by granting the relief requested because: Plaintiff can better provide for the physical and emotional needs of the Child. Plaintiff can better provide the Child with stability and continuity and regular rules and discipline that will assist and enable the Child to grow up into a healthy adult. Defendant is unable to properly care for the Child or her other children and permits them to run rampant without any rules or regulations. d. Defendant is not stable. eo Defendant has permitted her other children to ridicule and disparage Plaintiff in front of the Child and is not likely to foster any relationship between Plaintiff and the Child. 32. Each parent whose parental rights to the Child have not been terminated and the person who has physical custody of the 11 Child have been named as parties to this action. W~EREFORE, Plaintiff requests the Court to grant shared legal and primary physical custody of the Child to the Plaintiff. Respectfully submitted, CLIFF, ESQUIRE Road Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 Fax: (717 975-0697 12 EXHIBIT "A" POST-NUPTIAL AGREEMENT 14 717~864410 JUL-23-02 TUE 07:10 RN RLERT PHRRNRCY FRX NO. 7174864410 P, O! POST NUPTIAL AGREEMENT This agreement is entered into between Elwood Yohe, as Husband and Heather Yohe as Wife. The padies wish to reach an agreement that addresses only the disposition of the residence in the event of a separation and/or divorce. Other than this disposition each party retains all other rights as well as responsibilities. The terms set forth herein constitute the Agreement of the Parties, which may change the normal operation of law in the event a separation or divorce of the Parties. This Agreement limits or eliminates the rights of a Spouse in and to the parties residence. This Agreement shall become effective only upon the conveyance of the Husband's separately owned residence into the Parties as tenants by the entirety. The Parties agree that this constitutes sufficient consideration to support the enforcement of this post nuptial agreement. · 'if'the-Parties sep&rate, with either party intending to'divorce, within five years from the signing of this agreement, then the parties residence will be sold. After the normal mortgages, liens and expenses of sale have been paid the Husband shall receive the sum of $68,000.00. Any remaining gain on the sale of the home shall be equally divided. This, however, is conditioned on the Husband not having engaged in conduct that would constitute fault grounds for divorce under Pennsylvania law. In the event a court of competent jurisdiction determines that the Husband is at fault in the dissolution of the marriage, the proceeds from the sale of the home will be equally divided. tN WITNESS 'wHEREOF, the Parties have executed this Post-Nuptial Agreement in two or more counterparts on the day and year first written above. HUSBAND WIFE ~;",.,--f'7 , /. . 1 ~ Heather Yohe ~~ J rob/dom/yohe.agr VERIFICATION ELWOOD J. YOHE, II verifies that the statements made in this Complaint are true and correct. ELWOOD J. YOHE, II understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. 13 ELWOOD J. YOHE, II : PLAINTIFF : : V. : 0:l-3488 : HEATHER A. YOHE : 1N CUSTODY DEFENDANT ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, Friday, July 26, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, September 03, 2002 at 12:30 PM 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 91der 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 THE COURT, By: /s/ Melissa P. Greevy. 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 heating. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Ca- I£,, In the Court of Common Pleas of CUMBERLAND County, Peonsyivania DOMESTIC RELATIONS SECTION ELWOOD J. ¥OHE II plaintiff HEATHER A. YOHE Defendant ) Docket Number ) ) PACSES Case Number ) ) Other State ID Number 02-3488 CIVIL 377104708/D31915 O~DE_____g AND NOW, to wit on this 5TH DAY OF AUGUST, 2002 IT IS HEREBY ORDERED that the © Complaint for Support or O Petition to Modify or ~) Other ~IMONY Vm~D~.WrE ~.IT~. CLAIM filed on army 23, 2002 in the above captioned matter is dismissed without prejudice due to: PETITIONER WITHDRAWING HIS CLAIM FOR ALIMONY PENDENTE LITE. 0 The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. DRO: RJ Shadday xc: plaintiff d~fendant Diane Radcliff, Es~4re Jane Adams, Esquire BY THE COURT: Kev~d~ A. Hess JUDGE Form OE-506 Service Type M Worker ID 21005 // Affidavit of Service IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELWOOD J. YOHE, II Plaintiff HEATHER A. YOHE, Defendant No. 02-3488 Civil Term : : CIVIL ACTION - LAW : : DIVORCE/CUSTODY : AFFIDAVIT OF SERVICE I, Diane G. Radcliff, Esquire, being duly affirmed according to law, deposes and says: I served a true and correct copy of the Complaint in Divorce and Notice of Conciliation Conference in the above captioned matter upon the Defendant, Heather A. Yohe, by handing true and correct copies to Defendant in Courtroom No. 2 of the Adams County Courthouse, Gettysburg, Pennsylvania on August 7, 2002. ~Respectfully submitted, 3448 Trindle Road Camp Hill, PA 17 011 Phone: (717) 737-0100 Fax: (717) 975-0695 I.D. No. 32112 Attorney for Plaintiff - 1 - // Affidavit of Service Sworn to and subscribed before me a Notary Public in and for ~ County, Pennsylvania this /~Z~ day of~, 2002. NOTARY PUBLIC ~ ' My commission expires: Deh~?,h I.. ~ ~:,~ Notary Public Ca~,~: i~;i ,~ L~:~b~r!~d County I My Co,~r*m,~ ~!~,, ~,F~eS Sept, 23, 2oo3I Member, Penll~ylvanla Auoclation o! Notaries - 2 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELWOOD J- YOHE, II, Plaintiff Vo HEATHER A. YOHE, Defendant NO. 02-3488 CIVIL TERM CIVIL ACTION - LAW DiVORCE/CUSTODY PRAECIPE TO TERMINATE AND WITHDRAW DIVORCE ACTION TO THE PROTHONOTARY OF THE SAID COURT Please mark this divorce action terminated and withdrawn. This Praecipe is being filed based on the fact that the parties have reconciled. Respectfully submitted, ,- D~~ADCL I F~ ' ~4~8 Trin~le Road PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff OCT 0 8 2002 ELWOOD J. YOHE, II, Plaintiff HEATHER A. YOHE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3488 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this ~;~'d"ay of October, 2002, upon concurrence of the parties as represented by counsel on their behalf, it appearing that the parties have resolved their custodial arrangements on a mutually satisfactory basis, the Custody Conciliator hereby relinquishes jurisdiction of the above captioned matter. This Order is entered without prejudice to either party to seek a determination on the issue of custody should that become necessary at some future time. FOR THAT: Melissa PeeI-Greevy, Esqaire Custody Conciliator Dist: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 (Via Fax 975-0697) Jane Adams, Esquire, 36 S. Pitt Street, Carlisle, PA 17013 (Via Fax 245-8538) :163533