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HomeMy WebLinkAbout09-0740Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff BRANDI JO PEFFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JASON R. PEFFER, Defendant NO. 2009- All) IN DIVORCE/CUSTODY 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. Upon your request, the Court may require you and your spouse to attend up to three sessions. A request for counseling must be made in writing and filed with the Prothonotary within twenty (20) days of receipt of this Notice. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 BRANDI JO PEFFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009- N6 Cur-( ?i -- JASON R. PEFFER, Defendant IN DIVORCE/CUSTODY COMPLAINT IN DIVORCE AND CUSTODY 1. Plaintiff is Brandi J. Peffer, who currently resides at 570 Zion Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Jason R. Peffer, who currently resides at 570 Zion Road, Carlisle Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on November 9, 2002, in Carlisle, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Service Member's Civil Relief Act 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. Plaintiff has 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. COUNT I REOUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(C) OR OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. The marriage of the parties is irretrievably broken. 10. When at the appropriate time, Plaintiff will file an affidavit stating that two years have expired from the date of separation. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301 of the Divorce Code. I C COUNT II REQUEST FOR CONFIRMATION OF CUSTODY 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. The parties are the parents of Jade Peffer, born January 10, 2005, and who has resided with the parties at the above address since her birth. 13. Plaintiffhas not participated in any other litigation concerning the child in this or any other state. 14. There are no other proceedings pending involving custody of the child in this or any other state. 15. Plaintiff knows of no person not a party to these proceedings who has physical custody of the child or who claims to have custody, partial custody or visitation rights with respect to the child. 16. The best interests of the child will be served if shared custody of her is confirmed in Plaintiff. WHEREFORE, Plaintiffrespectfully requests that §§3104 (a)(2) and 3323 (b) of the Divorce Code, the Court enter an award confirming shared custody of the child. MARTSON LAW OFFICES By Date: I W ?? Jennfftr L. Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff s , VERIFICATION The foregoing Divorce and Custody Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Divorce Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Brandi J. Peffer F:\FILES\Clients\11398 Peffer\11398.2\11398.2 custody Nk w Q vV? h\ ?Y C") t .,.J a w ?i .n rr, F:IFILESIFORMSIDOMESTICICustody.stipjls Created: SM05 2:28PM Revised: 2110109 3:19PM Jennifer L. Spears, Esquire MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff BRANDI JO PEFFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009- 7/d JASON R. PEFFER, Defendant IN CUSTODY STIPULATION FOR A TEMPORARY ORDER OF CUSTODY AND NOW the parties stipulate and agree as follows: 1. LEGAL CUSTODY 1. The parties hereby agree to share legal custody of the minor child, Jade Peffer, born January 10, 2005. 2. The parties agree that Father, Jason R. Peffer, may take Jade to visit his mother in Tennessee from Wednesday, February 18, 2009, and return her to Mother, Brandi Jo Peffer, on or before Friday, February 27, 2009, at 7:00 p.m. Mother shall then have custody of the child until a Custody Conciliation Conference, or the parties mutually agree on a custody schedule of the child, whichever is sooner. Mother may have regular telephone contact with the child while she is with Father, and Father may have regular telephone contact with the child when she is with Mother. 3. While in the presence of the child, neither parent shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. 4. With regard to any emergency decisions which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. This Stipulation shall be entered as an Order of the Court. r, o r Br ?'JoPe" Je WLSpears, Esquire Attorney for Plaintiff ??, er,?- Jason R. Peffer, Father BY THE COURT: , J. Date: o ? ? - ?, ? _? Q7 f ?'F ? . __ ..... Li C', -;(^_ s _ '1?n a ? ?? E.>° t "`? '-? F:IFILESIFORMSOOMESTIC%Custody.stipjls Created: 518105 2:28PM Revised: 2110109 3:19PM Jennifer L. Spears, Esquire MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FEB ' 3 20M I BRANDI JO PEFFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009- All) JASON R. PEFFER, Defendant IN CUSTODY STIPULATION FOR A TEMPORARY ORDER OF CUSTODY AND NOW the parties stipulate and agree as follows: 1. LEGAL CUSTODY The parties hereby agree to share legal custody of the minor child, Jade Peffer, born January 10, 2005. 2. The parties agree that Father, Jason R. Peffer, may take Jade to visit his mother in Tennessee from Wednesday, February 18, 2009, and return her to Mother, Brandi Jo Peffer, on or before Friday, February 27, 2009, at 7:00 p.m. Mother shall then have custody of the child until a Custody Conciliation Conference, or the parties mutually agree on a custody schedule of the child, whichever is sooner. Mother may have regular telephone contact with the child while she is with Father, and Father may have regular telephone contact with the child when she is with Mother. While in the presence of the child, neither parent shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. 4. With regard to any emergency decisions which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. ;.4 . This Stipulation shall be entered as an Order of the Court. Br di Jo Pe M, Yo r Je4ifyr L. Spears, Esquire Attorney for Plaintiff --> I n I Dot, Date: _ oa.=A Jason R. Peffer, Father LL CL CJ ?~ Cn A I ? BRANDI JO PEFFER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JASON R. PEFFER DEFENDANT 2009-740 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, February 27, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 26, 2009 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 define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ ac ue.Une M. Verne Es . 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 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 G fpv -?P- rW -y ? ? - -vow -A(W ,- t. c :1 aPd Z- 8V 60OZ "F:\FILMCliients\11398 Peffa\11398.2\11398.2.pra Revised: 3/3/09 10:43AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff BRANDI JO PEFFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-740 JASON R. PEFFER, ; Defendant IN DIVORCE/CUSTODY PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: You are directed to withdraw the Complaint in Divorce and Custody filed on February 11, 2009. Date: March 3, 2009 MARTSON LAW OFFICES By-L_] -A jr V" Jennifer Ll Spurs; Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Jason R. Peffer 570 Zion Road Carlisle, PA 17013 MARTSON LAW OFFICES r T61ia- D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 3, 2009 mow. ?? to OD MAR 0 a 20?ig BRANDI JO PEFFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-740 CIVIL ACTION - LAW JASON R PEFFER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 4 h of March, 2009, being advised that the parties have reconciled, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, e M. Verney, Esquire, Custody C i ator r?i'?' ? ?' <,. .. Q ? , ? ;, ? ? ?? C?