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HomeMy WebLinkAbout07-0961JEREMY L. AYERS, Plaintiff, V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - ? 6 JESSICA C. AYERS, Defendant. IN DIVORCE NOTICE CIVIL TERM 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 in 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, 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 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 made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. JEREMY L. AYERS, Plaintiff, V. JESSICA C. AYERS, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 9' to CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301(C) AND (D) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Jeremy L. Ayers, by and through his attorneys, Irwin, & McKnight, and files this Complaint in Divorce against the Defendant, Jessica C. Ayers, representing as follows: 1. The Plaintiff is Jeremy L. Ayers, an adult individual residing at 169 Peach Glenn Road, Gardners, Cumberland County, Pennsylvania 17324. 2. The Defendant is Jessica C. Ayers, 38 "H" Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on October 11, 2003 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The Plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties. Respectfully submitted, IRWIN & McKNIGHT By: M?hrcus A. cKnight, III, Esquire S urt I.D. No. 25476 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Dated: February 20, 2007 VERIFICATION The foregoing Complaint is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: y(ej,,.y4 20, -A 007 JEREMY L. AYERS, Plaintiff, V. JESSICA C. AYERS, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007- CIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. s?0'r 2Dj Date: 7&?rva4y ? N r F Q ? A JEREMY L. AYERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2007 - CIVIL TERM JERSSICA C. AYERS, Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Jeremy L. Ayers, by his attorneys, Irwin & McKnight, and presents the following Complaint for Custody. 1. The Plaintiff, Jeremy L. Ayers, is an adult individual with an address of 169 Peach Glenn Road, Gardners, Cumberland County, Pennsylvania 17324. 2. The Defendant, Jessica C. Ayers, is an adult individual with an address of 38 "H" Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of one (1) child, namely, Averie M. Ayers, born May 14, 2002. 4. The Plaintiff desires that the parties have shared legal custody of the minor child, Averie M. Ayers. 5. The Plaintiff desires primary physical custody of the minor child, Averie M. Ayers, with periods of temporary physical custody to Defendant as the parties can agree. 6. The best interests and permanent welfare of the minor child requires that the Court grant the Plaintiff's request as set forth above. WHEREFORE, the Plaintiff, Jeremy L. Ayers, respectfully requests that he be awarded primary physical custody and shared legal custody of Averie M. Ayers, as provided herein, with periods of temporary physical custody to Defendant as provided herein. Respectfully submitted, IRWIN & McKNIGHT By: Date: February 20, 2007 Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. Date: `mss Cry [ 1 W f\3 'rJ rr ?F © -=7L? O C ??..` ? `f4ff F C. , } %. JEREMY L. AYERS, Plaintiff V. JERSSICA C. AYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007 - 961 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(i) COMMONWEALTH OF PENNSYLVANIA . . SS: COUNTY OF CUMBERLAND NOW, Marcus A. McKnight, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That a certified copy of the Complaint in Divorce was served upon the defendant, Jessica A. Ayers, on February 23, 2007, by certified, restricted delivery mail, addressed to her at 38 "H" Street, Carlisle, Pennsylvania 17013, with Return Receipt Number 7003 3110 0004 5768 1565. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. _ // A. vI?HT, III, ESQUIRE r Plaintiff Date: February 26, 2007 ? ?' ? ° ? ? -c? ,_,_- ? ? ? ?a?? ? r - ? 1°J _?3 t:? ' ? `? ? +,' ??Y ? f?3 .? ? ? a Ln v -a Ln • T-9 RIM mo A J . o N un Postage $ C3 Certmed Fee C3 t-3 Return Redept Fee (Endorsement Required) E3 ee ReaMcted r q d) (Endo Require a m Total Postage & Fees $ m r3 to r-3 ¦ Cornplete items 1, 2,and 3. Also complete Rem 4 H Restricted Delhrery is desired. ¦ Print your ram end address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiem, or on the front H space permits. 1. Article Addressed to: NS JESSICA C AYERS 38 "H" STREET CARLISLE PA 17013 **47 ' a o° N UN/r 'I Q eo M ?y ? ?? l ec re v ?t IVY I?l ` ?+ R n CO O y ??I 0 W V A. 0 Apsrtt 0 Addressee D. is det my adchm drrerertt from item 1? Dyes it YES, enter deltmy address below: O No 3. Service Type Iii cAmed MeN 0 B pm mail O Reglate I M Return Receipt for Merchandise POYes 2'','ti01eNt 7003 3110 0004 5768 1565 (11ens?r Aom ssrv/ce /at>en PS Fonvi3811, February 2004 Dorneatc R.arn Rewipt 102595-02-Wism c ` ? ? p r _ :.: N ., c_a JEREMY L. AYERS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-961 CIVIL ACTION LAW JERSSICA C. AYERS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, February 26, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, March 23, 2007 at 3:00 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. A11 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 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: Is/ john J. Mangan, r., 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 infor?nation 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 • i? G???q? yam/ `-w C4- X76 - L Z :cd 148 87, 93J NOZ t .1%. AOM & uTUi.aicis Kara W. Haggerty, Esquire Attorney I.D. No.: 86914 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 JEREMY L. AYERS, Plaintiff V. JESSICA C. AYERS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2007-961 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TO THE PROTHONOTARY OF SAID COURT: ENTRY OF APPEARANCE Please enter the appearance of the undersigned as counsel for Defendant, Jessica C. Ayers, in the above-captioned matter. Respectfully submitted, ABOM & KUTULAKI4 L.L.P DATE -S 12-0 O vV . Kara W. Haggerty, s e 36 South Hanover S Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Defendant ID #86914 ,it CERTIFICATE OF SERVICE AND NOW, this ZQ day of March, 2007, I, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve a true and correct copy of the Entry of Appearance by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Marcus A. McKnight, III, esquire IRWIN & McNIGHT 60 West Pomfret Street Carlisle, PA 17013-3222 DATE J Z© V Respectfully submitted, ABom&KUTULAKIS, LLP Kara W. Haggerty, Es 36 South Hanover St Carlisle, PA 17013 (717) 249-0900 ID No. 86914 Attorney forDefendant r-a Q s'1`1 t ? ? IM C'R fi'r` N c.a SEP 10 2001 JEREMY L. AYERS : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-961 Civil Term JESSICA C. AYERS Defendant : ACTION IN CUSTODY a. t, COURT ORDER AND NOW, this ? i day of September, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. Legal Custody: The Father, Jeremy Ayers and the Mother, Jessica Ayers, shall enjoy shared-legal custody of the minor child, Averie Ayers, born 5/14/02. The parties shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical; dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The Father and Mother shall share physical custody pursuant to the following schedule. Commencing June 1, 2007, father shall have physical custody every Monday and Tuesday. The following Saturday, Father shall have physical custody Saturday through Tuesday. The exchange times and locations shall be mutually agreed to by the parties. The Child shall be picked up at grandmother's residence absent mutual agreement. 3. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 4. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 5. Neither party may say or do anything nor permit a third party to do or say anything that may. estrange the Child from the other party, or injure the opinion of the Child as to the. other party, or may hamper the free and natural development of the Child's love or affection for the other party. 6. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to ??I 1 _f the point of intoxication. The parties shall likewise assure, to the extent possible, that other household, members and/or house guests comply with this provision. 7. Holidays and Averie's birthday shall be alternated and arranged as mutually agreed upon. 8. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. The parties are directed to contact the assigned' Conciliator for scheduling a telephonic status update on the custody situation as soon as practicable. Cc: .41Lrcus McKnight, Esquire Haggerty, Esquire hn J. Mangan, Es quire J J. ,giNVnu N3d gS :c wd I I d3S yLou JEREMY L. AYERS Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-961 Civil Terns JESSICA C. AYERS Defendant : ACTION IN CUSTODY CON IATION COMWRENCE MUMMY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Averie M. Ayers, born 5/14/02, currently in the shared legal and physical custody of the Fatheuand' Mother. 2. A Conciliation Conference was held on May 4, 2007 with the following individuals in attendance: ` The Father, Jeremy Ayers, with his counsel, Marcus McKnight, Esquire The Mother, Jessica Ayers, with her counsel, Kara Haggerty, Esquire 3. The parties agreed to the entry of an Order in the form as attached. Date: -_ U Jo J Mangan, tsqu?,?o C toy Conciliator