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HomeMy WebLinkAbout09-2905JESSICA HOYT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. Civil Term JASON HOYT, ACTION IN DIVORCE 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 St. Carlisle, Pa. 17013 (717) 249-3166 JESSICA HOYT, vs. JASON HOYT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA No. 09- 'W-90-'5" Civil Term Defendant ACTION IN DIVORCE COMPLAINT IN DIVORCE COUNT I - DIVORCE 1. Plaintiff is Jessica Hoyt, a competent adult individual, who resides at 116 Vaugh Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Defendant is Jason Hoyt, a competent adult individual, who resides at 26 Spring St., Apt. B, Shippensburg, Cumberland County, Pennsylvania, 17257. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on July 27, 2008 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. Plaintiff and Defendant have one child together; namely, Andrew Jacob Steven Hoyt, born November 25, 2007. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of America or any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a Decree in divorce. COUNT II - CUSTODY 11. Sections 1. - 10. are herein incorporated by reference. 12. The parties are the natural parents of Andrew Jacob Steven Hoyt, born November 25, 2007. 13. The parties have been unable to enter a custody stipulation in writing. 14. A custody complaint is being filed contemporaneously with this complaint. WHEREFORE, Plaintiff prays this Honorable Court, to enter a custody Order regarding the child. VERIFICATION I verify that the statements made in this Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 1 /'111 (a176&--_4W ssica Hoyt, aintiff Respectfully subm oata 3-/(? 09 t e Adams, Esquire No. 79465 7 West South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF r OF THE P. T. ,..,STAY 2009 MY -g PH 3100 VI 3ePt J .?. yyj ..DUN1 f pU4,NE1 LVA9` IA 33y."5,0 k j ? JESSICA HOYT, Plaintiff vs. JASON HOYT, : Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 191' '29")'r Civil Term ACTION IN DIVORCE CUSTODY COMPLAINT 1. Plaintiff is Jessica Hoyt, who currently resides at 116 Vaughn Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Defendant is Jason Hoyt, whose current address is 26 Spring Street, Shippensburg, Cumberland County, Pennsylvania, 17257. 3. Plaintiff is the Mother of the following child and seeks a custody order regarding the following child: NAME DOB/AGE ADDRESS Andrew Jacob Steven Hoyt 11125/07 116 Vaughn Road Shippensburg, Pa. 17257 Mother and Father were married on July 27, 2008. A divorce is currently pending under the above-captioned docket number. The parties currently share physical custody of the child. During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Jessica Hoyt 116 Vaughn Road 3/17/09 - present Shippensburg, Pa. 17257 Jason Hoyt 26 Spring Street, Apt. B 3/17/09 - present Shippensburg, Pa. 17257 (Physical custody shared between parties after date of separation) Jessica Hoyt 116 Vaughn Road birth - 3/17/09 Jason Hoyt Shippensburg, Pa. 17257 The mother of the child is Jessica Hoyt. She currently resides at 116 Vaughn Road, Shippensburg, Cumberland County, Pennsylvania, 17257. She is married to Jason Hoyt. The father of the child is Jason Hoyt. He currently resides at 26 Spring Street, Apt. B, Shippensburg, Cumberland County, Pennsylvania, 17257. He is married to Jessica Hoyt. 4. The relationship of plaintiff to the child is that of Mother. The plaintiff currently resides with the child and her other child, Blaise Weist, (5 years old). 5. The relationship of defendant to the child is that of Father. The defendant currently lives with his mother, Marilyn Hoyt. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The parties separated on or about March 17, 2009, when Father left the marital home. Since that time the parties have been sharing physical custody. Mother is requesting a custody Order which confirms the parties' arrangements and provides for shared legal custody. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the child. Date: Cj ig?/ 07 Respectfully submitted, (717) 245-8508 ATTORNEY FOR PLAINTIFF 4i Adams, Esquire . No. 79465 W. South St. rlisle Pa 17013 VERIFICATION I verify that the statements made in this Custody 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:k/O9 xlz6al s ica Hoyt, P ntiff FILED-OFFICE OF THE PROTHMOTARY 2009 MAY -8 PM 3: D 3 GJP: :: jut sY PE `,, SYLVi° NA L axgf 9g, JESSICA HOYT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 09- a 9? S Civil Term JASON HOYT, ACTION IN DIVORCE Defendant PETITION FOR SPECIAL RELIEF 1. Plaintiff is Jessica Hoyt, who currently resides at 116 Vaughn Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Defendant is Jason Hoyt, whose current address is 26 Spring Street, Shippensburg, Cumberland County, Pennsylvania, 17257. 3. A custody complaint and divorce complaint are being filed contemporaneously under the above-captioned docket number. 4. Plaintiff is the Mother of the following child and seeks an emergency custody order regarding the following child: NAME DOB/AGE ADDRESS Andrew Jacob Steven Hoyt 11/25/07 116 Vaughn Road Shippensburg, Pa. 17257 5. The parties were married on July 27, 2008, and separated on or about March 17, 2009 when Father left the marital home. 6. Since the date of separation on March 17, 2009 the parties have shared physical custody. 7. Mother is a nurse and works at Gettysburg Hospital three days a week from 7:00 a.m. to 7:00 p.m. Pursuant to the parties' agreement, Father had the child when Mother was working. 8. Pursuant to the parties' agreement, the Father had physical custody of the child on Thursday, May 7`h, 2009 which was to continue until approximately 10:00 a.m. on Friday, May 8 `h, 2009, when he was to return the child to Mother. 9. At about 10:00 a.m. on Friday, May 9th, 2009, at the time that Father was scheduled to return the child, Father sent Mother a text message that said: "Good luck getting Poo. I am leaving with Poo to New York." (Poo is the child's nickname.) 10. Father has and aunt and uncle in upstate New York, namely Lance and Drewann Rubin, and he has many friends in Brooklyn and Queens, New York. 11. After Mother received the initial text message from Father, she tried to call and text Father. He did not answer his phone or return any messages. 12. Father did not provide an address or phone number or indicate where he was intending on going with the child. 13. There is no current custody Order in place. 14. Mother is requesting an Order directing that Father return the child to Pennsylvania and that she be awarded sole physical custody of the child pending a conciliation and further Order of Court. 15. Such Order is necessary to ensure the safety of the child and contact with Mother; given Father's conduct and text message, Mother has no indication that Father has any intention of voluntarily ever returning the child. 16. There is no prior Judge assigned to this case. 17. It is assumed that Defendant is not in agreement with the relief requested. WHEREFORE, Plaintiff requests an emergency custody Order, directing that the child be returned Pennsylvania and placed in her physical custody until further Order of Court. Respectfully submitted, oar S/8?9 No. 79465 X7 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody 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: FILED-OFFICE OF THE PR074NOTARIP 2009 MAY -8 FM 3: QS ? ?aysr4?' MAY 1 1 200A q JESSICA HOYT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. ®r- ?9f Civil Term JASON HOYT, ACTION IN DIVORCE Defendant ORDER OF COURT AND NOW, this ?a day of P? 2009, a hearing regarding Plaintiffs Petition for Special Relief is scheduled for the v?/dt day of 0-?L , 2009, at //- 0'-0 A.M./ 44 in Courtroom No. of the Cumberland County Courthouse in Carlisle, Pennsylvania. Pending the hearing, Father is Ordered to immediately return to Pennsylvania with the child and return physical custody of the child to Mother until further Order of Court. By the Court: 0 J. cc: Jane Adams, Esquire -,Jason Hoyt, Father 1?4f fes m!; I ?ct_ VE_ 4 t r? C%j ? tr?.} ie S t ? JESSICA HOYT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-2905 CIVIL ACTION LAW JASON HOYT IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, May 13, 2009 , 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 Tuesday, June 23, 2009 at 1:00 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. 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/ ,john j. Mangan, jr., 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 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 F1LED--?ICE OF ?NE nc , 5+ .!7NCT'ARY 2009 MAY 14 Pry 2; 4 7 CUM,* ; v, JESSICA HOYT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2009 - 2905 Civil Term JASON HOYT, ACTION IN CUSTODY Defendant ORDER OF COURT AND NOW, this .2 /' day of May, 2009, after a brief hearing on the Petition for Special Relief, it is hereby ORDERED and DECREED as follows: 1. Jessica Hoyt and Jason Hoyt shall share legal custody of their child, Andrew Jacob Steven Hoyt, born November 25, 2007. 2. The parties will equally share physical custody of their child on an alternating two-week basis. During Week One, Mother shall have the child for three full days, and Father will have physical custody of the child for four full days. During Week Two, Mother will have physical custody of the child for four full days, and Father shall have physical custody of the child for three full days. Until further Order of Court or agreement, the parties shall continue alternate on the rotating two week schedule thereafter. 3. The parties shall share transportation for the custody exchanges. 4. In no event will either party remove the child from the state without written permission from the other parent. 5. The parties may stipulate to different or additional provisions regarding custody of their child, pending further Order of Court, or written agreement, provided both parties consent to such terms. By the Court: bL , J. cc: Jane Adams, Esquire, for mother Jason Hoyt, father ?, c 2009 KAY 2 1 tiil 11 G, ,q .-j; XIN Ir-