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Home My WebLink About08-3892 DAVID W. HAYES, Plaintiff V. RUETTA V. HAYES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. og -3S'9a : CIVIL ACTION - DIVORCE 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 the 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, 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, PA 17013 (717) 249-3166 II DAVID W. HAYES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. F - 3 S 9o7- F 7-e- RUETTA V. HAYES, CIVIL, ACTION DIVORCE Defendant DIVORCE COMPLAINT The Plaintiff, David W. Hayes, by and through his attorneys, The Law Offices of Patrick F. Lauer, Jr., L.L.C., makes the following Complaint in Divorce: COUNT I - NO-FAULT DIVORCE - §§ 3301(c) or 3301(d) 1. The Plaintiff, David W. Hayes, is an adult individual who currently resides at 35 Sunfire Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant, Ruetta. V. Hayes, is an adult individual who currently resides at 35 Sunfire Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The Parties have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The parties were married on November 12, 1988, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that the plaintiff may have the right to request that the court require the parties to participate in counseling. 8. This action is not collusive. WHEREFORE, the Plaintiff requests this Honorable Court enter a Decree of Divorce in this matter. Respectfully submj Date: 6 - 30.2- o v Marlin L. Markle squire ?T Law Office ck F. Lauer, Jr., L.L.C. 2108 M et S et, Aztec Building Camp Hill, Pe ylvania 17011-4706 ID# 84745 T 1. (717) 763-1800 ' n DAVID W. HAYES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. RUETTA V. HAYES, CIVIL ACTION - DIVORCE Defendant I verify that the statements made in this Complaint are true and correct. I understand that j false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Date: 3Q ?? 1 -74 David W. Hayes IT R? ?3 0 0 ?x w Co DAVID W. HAYES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 08 - 3892 RUETTA V HAYES, CIVIL ACTION - DIVORCE Defendant I, Barbara Sumple-Sullivan, Esquire, attorney for the Defendant in the above-captioned matter, accept service of the COMPLAINT IN DIVORCE pursuant to Pennsylvania Rule of Civil Procedure, Rule 1930.4(d). I certify that 1. am authorized to accept service on behalf of the Defendant. ??ou' Datc: ?Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D.: 32317 Attorney for Defendant r-? f.; .:3 a ? ? . . ?YL'+ ?- ° ...r.. ` t"1 f,3 9 ,<<, ?hS .xJ 0 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DAVID W. HAYES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. RUETTA V. HAYES, Defendant NO. 08-3892 CIVIL ACTION - LAW IN DIVORCE NOTICE TO PLEAD To: Marlin L. Markley, Esquire The Law Offices of Patrick F. Lauer, Jr., L.L.C. 2108 Market Street, Aztec Building Camp Hill, PA 17011 You are hereby notified to file a written response to the enclosed Defendant's Answer and Counterclaim to Plaintiff's Complaint within TWENTY (20) DAYS from service hereof or a judgment may be entered against you. Dated: November 17, 2008 Barbara Sumple-Sullivan, Esquire Attorney for Defendant 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DAVID W. HAYES, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. RUETTA V. HAYES, Defendant NO. 08-3892 CIVIL ACTION -LAW : IN DIVORCE ANSWER AND COUNTERCLAIM TO DIVORCE COMPLAINT 1. Admitted. 2. Admitted with the clarification that 35 Sunfire Avenue, Camp Hill, Cumberland County, Pennsylvania 17011 was Defendant's address at the time of the filing of the Divorce Complaint. Defendant has since relocated to 3612 Schoolhouse Lane, Harrisburg, Dauphin County, Pennsylvania 17109. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. After reasonable investigation, Defendant is without knowledge to form a belief as to the truth of the averment and same is therefore denied. 7. Denied. After reasonable investigation, Defendant is without knowledge to form a belief as to the truth of the averment and same is therefore denied. 8. Admitted. COUNTERCLAIM OF DEFENDANT TO PLAINTIFF'S DIVORCE COMPLAINT COUNT I INDIGNITIES 9. The averments in paragraphs 1 through 8 of Defendant's Answer and Counterclaim to Divorce Complaint are incorporated herein by reference thereto. 10. Defendant is the innocent and injured party, and Plaintiff has offered such indignities to the person of the Defendant and has been mentally cruel to her so as to make her life burdensome and her condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Defendant requests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. ADULTERY 11. The averments in paragraphs 1 through 10 of Defendant's Answer and Counterclaim to Divorce Complaint are incorporated herein by reference thereto. 12. Plaintiff has committed adulterous acts in violation of the marriage vows and the laws of the Commonwealth of Pennsylvania. WHEREFORE, Defendant requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. 2 COUNT II EQUITABLE DISTRIBUTION 13. The averments in paragraphs 1 through 12 of Defendant's Answer and Counterclaim to Divorce Complaint are incorporated herein by reference thereto. 14. The Defendant requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Defendant requests this Court to equitably divide said property in accordance with Section 401(d) of the Pennsylvania Divorce Code. COUNT III SUPPORT. ALIMONY PENDENTE LITE AND ALIMONY 15. The averments in paragraphs 1 through 14 of Defendant's Answer and Counterclaim to Divorce Complaint are incorporated herein by reference thereto. 16. Defendant requires reasonable support to adequately sustain herself with the standard of living established during the marriage. WHEREFORE, Defendant requests an award of Support, Alimony and Alimony Pendente Lite. 3 COUNT IV ATTORNEY'S FEES AND COSTS 17 18. The averments in paragraphs 1 through 16 of Defendant's Answer and Counterclaim to Divorce Complaint are incorporated herein by reference thereto. Defendant is unable to sustain herself during the course of this litigation and has employed Barbara Sumple-Sullivan, Esquire as counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel, and the necessary and reasonable costs and expenses. WHEREFORE, Defendant requests an award of counsel's fees and expenses. WHEREFORE, Defendant, Ruetta M. Hayes, prays this Honorable Court to enter judgment: A. Awarding Defendant a decree in divorce; B. Equitably distributing the marital property; C. Awarding Defendant support, alimony and alimony pendente lite; D. Awarding Defendant counsel fees, costs and expenses; and E. Awarding other relief as the Court deg Dated: November a 2008 Barbara Sumple-Sullivan, Esquire Attorney for Defendant 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 4 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 W- HA -'i. ES; IN THE COURT OF COMMON PLEAS Plaintiff V. RUETTA M. HAYt-S. Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, RUETTA M. HAYES, hereby certify that the facts set forth in the foregoing Pleading are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: ??(? ?/ y ? v • I`7 RUETTA M. HAYES Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DAVID W. HAYES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-3892 RUETTA V. HAYES, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Answer and Counterclaim to Divorce Complaint in the above-captioned matter upon the following individual(s) by first class mail, postage prepaid, addressed as follows: Marlin L. Markley, Esquire Law Offices of Patrick F. Lauer, Jr. LLC 2108 Market Street, Aztec Building Camp Hill, PA 17011 DATED: November i2l 2008 $arb?H`Sumple-Sullivan, Esquire Attorney for Defendant 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 5 R r?, ti Zi v C?l DAVID W. HAYES V. RUETTA V. HAYES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-3892 DIVORCE DECREE AND NOW, DAVID W. HAYES RUETTA V. HAYES bonds of matrimony. , it is ordered and decreed that plaintiff, and defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Marriage Settlement Agreement incorporated but not merged with this decree By the Court, a?afir- est+ Cop rrw-lel 7b atty Markley No+ice rnaifed 4D altq 5umpLo - Sv!!t van