HomeMy WebLinkAbout00-00462
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In tbe Court of Common Pleas of Cumberland County,
Pennsylvania
BETSY AYERS,
)
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No. ;;'CJ06-4L~ of 2000
CIVIL TERM
IN DIVORCE
Plaintiff,
vs.
THOMAS S. AYERS,
Defendant.
NOTICE TO DEFEND AND CLAIM RIGHTS
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:
Office of the Prothonotary
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A 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 FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
BETSY AYERS,
Plaintiff,
)
)
)
)
)
)
No. "Lir(YO" '1t,.L of 2000
vs.
THOMAS S. AYERS,
Defendant.
CIVIL TERM
IN DIVORCE
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITHIN-NAMED DEFENDANT:
You have been named as the Defendant in a Complaint in divorce proceeding filed in the
Court of Conunon Pleas of Cumberland County. This notice is to advise you that in accordance
with Section 3302(d) of the Divorce Code, you may request that the court require you and your
spouse to attend marriage counseling prior to a divorce being handed down by the court. A list
of professional marriage counselors is available at the Domestic Relations Office, 13 North
Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to
you and you are not bound to choose a counselor from this list. All necessary arrangements and
the cost of counseling sessions are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your request for counseling within
twenty days of the date on which you receive this notice. Failure to do so will constitute a
waiver of your right to request counseling.
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
BETSY AYERS,
Plaintiff,
)
)
)
)
)
)
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No. ;L iWlJ - ,-/(,:1.- 9f211110'
vs.
THOMAS S. AYERS,
Defendant.
CIVIL TERM
IN DIVORCE
COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR
3301(d) OF THE DIVORCE CODE IN DIVORCE
Plaintiff, by her attorney Michael S. Travis, respectfully represents:
1. Plaintiff is Betsy Ayers, who resides at 379 Old State Road, Gardners,
Cumberland County, Pennsylvania, 17324, since .3 /q 7
2. Defendant is Thomas S. Ayers, who resides at 379 Old State Road, Gardners,
Cumberland County, Pennsylvania, 17324, since
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3. Plaintiff has been a bona fide resident of the Conunonwealth of Pennsylvania
for at least six months inunediately previous to the filing of this Complaint.
4. The plaintiff and defendant were married on April 26, 1997, at Cumberland
County, Pennsylvania.
5. There have been no prior actions of divorce or annulment between the parties in
this or any other jurisdiction.
6. The marriage is irretrievably broken.
7. The parties have been living separate and apart. At a subsequent time, plaintiff
may submit an Affidavit that the parties have lived separate and apart for at least two (2) years.
8. Plilintiffhas been advised that counseling is available and that plaintiff may have
the right to request that the court require the parties to participate in counseling.
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9. Neither plaintiff or defendant are in the Military Service in the United States
Armed Services. Neither plaintiff or defendant are within the provisions of the Soldiers' and
Sailors', Relief Act of Congress of 1940 and its amendments.
10. Plaintiff requests the court to enter a decree of divorce.
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to
unsworn falsification to authorities.
Date:
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Betsy Ayers, \
Plaintiff
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lchael S. Travis
Attorney for Plaintiff
!.D. # 77399
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717) 731-9502
Fax 731-9511
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BETSY AYERS,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
THOMAS S. AYERS,
Defendant
NO. 2000-462 CIVIL TERM
ORDER OF COURT
AND NOW, this :t3rdday of February, 2000, upon consideration of Plaintiff's
Motion for Exclusive Occupancy of the Marital Residence, a hearing is scheduled for
Wednesday, April 12, 2000, at 2:45 p.m., in Courtroom No. I, Cumberland County
Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
Michael S. Travis, Esq.
4076 Market Street
Suite 209
Camp Hill, PA 17011
Attorney for Plaintiff
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Thomas S. Ayers
P.O. Box 843
Mechanicsburg, PA 17055
Defendant, Pro Se
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
BETSY AYERS,
Plaintiff,
)
)
)
)
)
)
No. 2000-462 Civil
vs.
THOMAS S. AYERS
Defendant.
CIVIL TERM
IN DNORCE
ORDER
AND NOW, this _ day of
, 2000, upon consideration of the Plaintiff s
Motion for Exclusive Occupancy of the Marital Residence, Plaintiff is GRANTED exclusive
occupancy of the marital residence pending resolution of the divorce.
By the Court,
J.
Michael S. Travis
Attomey for PlaintiftiMovant
Thomas S. Ayers, Pro Se
In the Court of Common Pleas of Cumberland County,
Pennsylvania
BETSY AYERS,
Plaintiff,
)
)
)
)
)
)
No. 2000-462 Civil
vs.
THOMAS S. AYERS
Defendant.
CIVIL TERM
IN DIVORCE
RULE
AND NOW, this _ day of
, 2000, upon consideration of the Plaintiff's
Motion for Exclusive Occupancy of the Marital Residence, it is Ordered that
Defendant/Respondent show cause if any exists within _ days why the requested relief should
not be granted.
By the Court,
J.
Michael S. Travis
Attomey for PlaintiffilMovant
Thomas S. Ayers, Pro Se
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
BETSY AYERS,
Plaintiff,
)
)
)
)
)
)
No. 2000-462 Civil
vs.
THOMAS S. AYERS
Defendant.
CIVIL TERM
IN DIVORCE
MOTION FOR EXCLUSIVE OCCUPANCY
OF THE MARITAL RESIDENCE
AND NOW, this 16th day of February, 2000, comes Betsy Ayers, by and through her
attorney, Michael S. Travis, and files the within motion:
I. The movant is Betsy Ayers, an adult individual currently residing at 379 Old State
Road, Gardners, Cumberland County, Pennsylvania, hereinafter "wife."
2. The respondent is Thomas Ayers, husband whose whereabouts are currently unknown;
husband has a postal address of P.O. Box 843, Mechanicsburg, Cumberland County, PA 17055.
3. Husband and Wife were married on April 26, 1997.
4. The above divorce was instituted by wife on January 25,2000.
5. The parties herein are the owners of the marital residence at 379 Old State Road,
Gardners, Pennsylvania. There are no children of the marriage.
6. A true and correct copy of the deed indicating ownership is attached hereto as Exhibit
A.
7. On occasions prior to the divorce, husband has subjected wife to numerous acts of
mental cruelty.
8. On or about January 21 st, husband left the marital residence, leaving his key to the
house with the intention of not returning.
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9. On or about January 27th, husband returned to the marital residence physically
breaking into the residence.
10. It was later learned that husband intended to reside with his ex-wife, however the
arrangement did not work out.
11. Husband again left the marital residence on February II, 2000.
12. Husband has a habit of spending his entire paycheck on alcohol, driving under the
influence of alcohol and engaging in other acts of destructive behavior.
13. Husband has stated that he intends to leave the residence on a permanent basis.
14. Wife is fearful that husband may return to the residence and engage in abusive
conduct which would be harmful to wife.
WHEREFORE, Wife respectfully requests that this Honorable Court enter an Order
awarding exclusive occupancy of the marital residence to Wife and denying Husband access
thereto.
Respectfully submitted,
~~.
Attorney for Movant
ill No. 77399
4076 Market Street, Suite 209
CampHill,PA 17011
(717)731-9502
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FEB-15-2000 10:00 AM HOLLHURST FARM
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P.01
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PA WAAAAN't'Y DEED
;'CRERT l' ZIEGLER
!l"COP.DE"A OF DEEDS
(;IIMilE.RLAND COUNTY - I'A
'97 SfP, 2 RM 1016
<Il1i. Eeth. made lhe
Tax Map #08-38-2175-033
25th dayof August, :1.997
'lidiueen
THOMAS S. AYERS a/k/a THOMAS AYERS and BETSY J. AYERS, hU$band and
wife; and KATHY A',(ERS, sin<;J1.a par$On
i\nb
THOMAS S. AYERS and BETSY J. AYERS, husband
herein designated a$ the a7"n/07( s),
and wife
herein designated as the Gramee(.);
.ftn"llld~. Tha/ In cOilsider,,/Ion of
One Do1.lar and nO/100 --------------------- ($1.00)
Dollars,
in haild p"ld. Ihe recelpl whereo.fis herein' flckn()wledged, the ..aid gran/or(s) doles) hereby gran! and convey 10 Ihe
said granlee! s),
JUI THOSE CERTAIN traots of 1and situate in Dickinson Township,
cumberland County, Pennsylvania, bounded and desoribed as follows:
TRACT #1: BEGINNING at a point in the center line of the old
CarliSle-Gettysburg Highway, whioh point is a corner of Tract No.
2 on the hereinafter mentione<1 plan of lot", recorded in the Office
of the Reoo~der of Deeds in and for Cumberland County at
Carli81e, Pennsylvania in Plan Book 10, Page 521 thence by said
Tract No.2. North seventy-four (74) degrees twenty (20) minutes
West, a distance of one hundred forty-six and five tenths (146.5)
feet to a point (iron pin); thence along line of Tract #3
hereinafter described, North fifteen (15) degrees twenty-five
(25) minutes East, a distance of forty-eight and one-tenth (46.1)
feet to a point (iron pin); thence along land now Or formerly of
Lena K. Kuntz and Chester J. Kuntz, her hsuband, South
seventy-three and One-fourth (73 1/4) degrees East, a distanoe of
one hundred forty-six and five tenths (146.5) feet to a point in
the center line of said o1d CarliSle-Gettysburg Highway; thence
by the center line of said highway, South fifteen and one-half
(15 1/2) degrees West, a distanoe of forty-six and four tenths
(46.4) feet to a point, the place of BEGINNING.
BEING improved with a 1 story frame bungalow and also BEING
Tract No. 1 as designated on a P1an of Lots reoorded in the
Office of the Recorder of Deeds in and for Cumberland cunty, in
plan Book 10, Page 52.
PLAINTIFi='S
EXHIBIT
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FEB-15-2000 10:00 AM HOLLHURST FARM
P.02
TRACT #2: BEGINNING at a point in the center of the old
Carlisle-Gettysburg pUblic road at corner,Of land conveyed to
Christine L. Beam by deed dated July 24, 1964 and recorded in the
hereinafter mentioned Reoorder's Office in Deed Book J, Vol~e
21, Page 1131; thence along said land now or formerly of
Christine L. Beam, North 73 1/2 degrees West, a distance of ~48
feet to an iron pin; thence along line of Tract #3 hereinafter
desoribed, NOrth 14 degrees East, a distance of 15 teet to a
point at corner of Tract #1 hereinbefore desoribed; thenoe along
Tract 1.1, .South 73 1/2 degre.es East, a dIstance of 148 feet to a
point in the center line of the old CarliSle-Gettysburg public
road; thence along the center line of the old carlisle-GettYSburg
publio road, South 13 degrees West, a distanoe of 15 feet to a
point, the place of BEGINNING.
CONTAINING 15 feet in front along the center line of ~he old
earlis1e~Gettyshur9 PUhlic road ana extendin9 westwardly
therefrom at an even width a distance of ~48 feet, in accordance
with surveys made by P.S. Orner on August 17, 1944 and April 18,
1945.
BErNG THE SAME PREMISES Which Thomas S. Ayers and Kathy E.
AyerS, conveyed unto Thomas S. Ayers by deed dated April 16, 1996
and recorded April 19, 1996 in the Recorder's Office in and for
Cumberland County, Pa. in Record Book 137, Page 1014.
TRACT #3: BEGINNING at a common point of lands of Raymond L.
Rickrode and now or formerly of Arthur Murray, said point being
approximately 147.5 feet from the centerline of T-522, Old
Gettysburg Road; thence along Lot No. 10, as shown on the above
plan, N~rth 74 degrees 23 minutes 00 seoonds west, 100.00 feet to
an iron pin; thence along Lot No.1, North 15 degrees 30 minutes
25 seoonds East, 63.23 feet to an iron pin; thence along Lot No.
12, South 74 degrees 23 minutes 00 seconds East, 100.00 feet to
an iron pin; thence alo~g lands now or formerly of Arthur Murray,
South 15 degrees 30 minutes 25 seconds West, 63.23 feet to an iron
pin, the place Of BEGINNING.
CONTAINING 0.1452 acres and BEING Lot No. 11 on a plan
prepared by Euqene A. Hockensmith, R.S., dated February 5, 1988
and reoorded in the Office of th~ Recorder of Deeds for
Cumberland County, in Plan Book 55, Page 16.
BErNG THE SAME PREMISES which Kenneth M. Bream and Doris M.
Bream, his wire, conveyed unto Thomas Ayers and Kathy Ayers, his
wife, by deed dated March 23, 1994 and recorded April 20, 1994 in
the Recorder'S Office in and for Cumberland county, Pa. in Record
Book 104, Page 240.
THIS rs A CONVEYANCE F~OM PART~ES PREVIOUSLY MARRIED AND THEREFO~
A TAX EXEMPT TRANSFER.
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FEB-15-2000 10:01 ~M HOLLHURST F~RM
P.83
kb the said grall/or(s). dO(es) hereby fulu....nt specially the property hereby
COlllleyed,
!In 'llllhtne.,lIqereof. said ,romor(s) ha ve hereun/(1 ser their /mnd and sea/Is) the day and
year first above writtell,
J'fg11Jb. Jita:leh mrbllWl\Jenir
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BETsy J. \ A S ' "'"
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mOMAS AYERS
(1tltmmnnfntlrlt~ of J.ennsvhnmilf. O!ounfv nf
CUMBERLAND
}se:
On this, Ih.2 5th day of
August, 1997
. b.fore me ~". e. t
()..;of<oA-.
tM undersigned offlcer, personally appeared
THOMAS S. AYERS a/k/a THOMAS AYERS and BETSY J. AYERS, husband and
wife; and KATHY AYERS, single person
known /0 me (or salisfactorily proven) 10 b. rh. person(,\') whDs, name(s) are ..ub..crib.d to the within
instrum.nt, and acknowl.dg.d that the yex.cuted the some for the purpose .her.in con.ain.d,
In mHne.. .~llrellf. , have h.r,ul"lto sOl my hand and notarial seal,
MY COMMISSION EXPiRES:
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VERIFICATION
I verify that the statements made in this Petition are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
DATED: d./I4?/Od
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Betsy Ayers \.
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CERTIFICATE OF SERVICE
I, Michael S. Travis, certify that I have this day served a true and correct copy of the
foregoing document by first class mail, postage prepaid, on the following person, addressed as
follows:
Thomas S. Ayers
P.O. Box 843
Mechanicsburg, PA 17055
(Defendant/Respondent)
And to the marital residence, forwarding and address correction requested at:
379 Old State Road
Gardners, P A 17324
Dated:
d/17/PP
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chae S. TraVIS
ill No. 77399
4076 Market Street, Suite 209
Camp Hill, P A 17011
(717)731-9502
Fax 731-9511
Attorney for PlaintiffIMovant
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BETSY AYERS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
THOMAS S. AYERS,
Defendant
No. 00-462 CIVIL TERM
ORDER OF COURT
AND NOW, this 12th day of April, 2000, upon
consideration of Plaintiff's Motion for Exclusive Occupancy
of the Marital Residence, and Plaintiff's counsel, Michael
S. Travis, Esquire, having appeared for the hearing, and
neither Plaintiff nor Defendant having appeared in person,
and the Court having waited approximately 15 minutes beyond
the time scheduled for the hearing to facilitate their
appearances, and with the concurrence of Plaintiff's
counsel, Plaintiff's Motion for Exclusive Occupancy of the
Marital Residence is granted, and plaintiff is awarded
exclusive possession of the marital residence pending
further Order of Court.
This order is entered without prejudice to
By the Court,
Jr., J.
the right of either party to request a hearing on the
merits of Plaintiff's motion. In the event that such a
request is made py formal motion, the Court will hold
hearing de novo on the motion of Plaintiff.
J.
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Michael S. Travis, Esquire
4076 Market Street
Suite 209
Camp Hill, PA 17011
For the Plaintiff
Thomas S. Ayers
P.O. Box 843
Mechanicsburg, PA 17055
Defendant, Pro Se
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