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Home My WebLink About05-3233 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. oS"~ .1.2.:u CIVIL TERM ELIZABETH T. HAYCOX, Plaintiff BRIAN L. HA YCOX, Defendant CIVIL ACTION - LAW IN 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 annuhnent 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, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'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 COUN7Y BAR ASSOCIATION 32 SOUTH BEDFORD CARUSLE, P A 17013 (717) 249-3166 OR (800)990-9108 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 05':3'<'33 CIVIL TERM ELIZABETH T. HA YCOX, Plaintiff BRIAN L. HA YCOX, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT 1. Plaintiff is Elizabeth T. Haycox, who cw:rently resides at 941 Forest Court, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Brian L. Haycox, who currently resides at 15 Inca Road, Rio Rancho, New Mexico, 87124. 3. The Plaintiff has been bona fide resident in the Commonwealth for at least sLx (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 22, 1999 at Colorado Springs, Colorado. COUNT I - DIVORCE 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, ~ 3301 (c) and 3301 (d), in that: a. The marriage is irretrievably broken. b. Plaintiff and Defendant have lived separate and apart since August 24, 2004 and continue to do so. 8. 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 such counseling. 9. The Plaintiff in this action is not a member of the Armed forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. COUNT II - CUSTODY 10: Paragraphs 1 through 9 and incorporated herein by reference. 11. The Plaintiff seeks custody of the following child: Name: Arie Lane Haycox Date of Birth: August 23, 2000 Address: 941 Forest Court, Carlisle, Cumberland County, Pennsylvania 17013 12. The child was born in wedlock. 13. The child is presendy in the custody of Elizabeth T. Haycox, who resides at 941 Forest Court, Carlisle, Cumberland County, Pennsylvania 17013 14. During the child's lifetime, she has resided with the following persons and at the following addresses: Name Address Date Elizabeth and Brian Havcox Colorado Springs, Colorado 8/23/00 to 11/03 Elizabeth and Brian Haycox 15 Inca Road, Rio fumcho, New 11/03 to 8/04 Mexico 87124 Elizabeth Haycox 33 Summerfield Drive, Carlisle, 08/04 to 03/05 Cumberland County, Pennsylvania 17013 Elizabeth Haycox 941 Forest Court, Carlisle, 3/5 to present Cumberland County, Pennsylvania, 17013 15. The mother of the child is Elizabeth T. Haycox, who resides at 941 Forest Court, Carlisle, Cumberland County, Pennsylvania. 16. Mother of the child, Elizabeth T. Haycox, is married. 17. The father of the child is Brian L. Haycox, who currently resides at 15 1nca Road, Rio Rancho, New Mexico 87124 18. Father of the child, Brian L. Haycox, is married. 19. The relationship of Plaintiff to the child is that of Mother. 20. The relationship of Defendant to the child is that of Father. 21. The 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 any other court. 22. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 23. The Plaintiff does not know of a person not a party to rhe proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 24. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Mother has been the primary caregiver of the minor child since her birth. She has: 1. Planned and prepared meals; 11. Bathed, groomed and dressed the child; ill. Purchased, cleaned and cared for the child's clothing; lV. Arranged medical care, including trips to physicians; v. Arranged alternative daycare; vJ. Put the child to bed nightly, attended the child in the middle of the night, and awakened the child in the morning. b. The child has a psychological bond with the Mother. c. Mother is able to provide a stable environment for the child. 25. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that this Court grant primary physical custody of the child to the Plaintiff/Mother. Respectfully submitted, ADOM & KUTULAKIS, L.L.P. DATE l~ 05 ~5(fLL{) Kara W. Haggerty ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, Elizabeth T. Haycox, verify that the statements made in this Divorce and Custody Complaint are true and correct to the best of my knowledge, information, and belief. 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 _ \in, :.:J<"I)[Y1~ Clt~.1l I. tkf.A..f EIiz . eth T. Haycox AND NOW, this CERTIFICATE OF SERVICE ~ay of dll~'I1 _2005, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Divorce and Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, Certified mail and First-class mail, postage prepaid addressed to the following: Brian L. Haycox 15 Inca Road Rio Rancho, New Mexico 87124 Respectfully submitted, MOM & KUTULAKIS, L.L.P. Kara W. Haggerty ID No. 86914 36 South Hanover Street Carlisle, P A 17013 (717) 249-0900 A ttomey for Plaintiff ", 0 c.::::. = -n -",\,. c..o, ~ "1"1 c. ::;:1 :n ~ ~ '-... c,:: rilr=-- --...:r ~ ", .....C'CI --- ::.j c,J --- , .;:- ~; ~~~ ~. 'e "- d ::::-:-.~ ~'-.; ?~ ~ c -"~ Co, ';.'~r'n I;""- ~" ;, VI ~ ~ ~ ~.-I ~ "> c.) ;;:J ~ .-Q ~ , f'>.:J .< " }..) N " .- ~ ~ ~ ?-- '\,-= ~ ",--", ~ ~ ~- "- '}-.. ~ ~ ~ ELIZABETH T. HA YCOX PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-3233 CIVIL ACTION LAW BRIAN L. HA YCOX DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, Jnne 29, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4tb Floor, Cumberland County Courthouse, Carlisle on Thursday, July 07, 2005 , the conciliator, 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. All 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: Isl Hubert X Gilroy, 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 intonnation 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 betore 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 ~~#- -~~ Ft?Ir:>.'7 . . ~:Z~ 714 J'~,j-e.p ~~ ~ ~ 4~ -~ fl;?-7t:'.,,/ \llNVAlASNN3d AlNnc() C~1II1\B81~lno 20 :f; Wd 62 Nor sooz Al:l\I1ONOHlOOd 3Hl :10 301:l:lO-<l31l:J ~ECEIVED JUL 211005 ELlZABET T. HAYCOx, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLANH COUNTY, PENNSYLVANIA v CIVIL ACTION . LAW BRIAN L. HAYCOX, Defendant NO. 2005-3233 IN CUSTOHY COURT ORDER 'fV ANI> NOW, this;)i day of July, 2005, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. AJ}!r;n(; '~~t<iT~) 9~ .z II' ...t,. ,'"rj I Z -in! sooz }JNlOi\;:Ji"~.\,:~3d JHl .:10 j:::tL!O--<jJ-~!j "\ C)~- 3,;(3.] C~Q;L'---r&z"1 AFFIDAVIT OF SERVICE I, Kara W. Haggerty, hereby certify that I did serve a true and correct copy of the Complaint under Section 3301(c) and 3301(d) of the Divorce Code, upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, certified, restricted delivery, postage prepaid, on November 11, 2005, at Carlisle, Pennsylvania, addressed as follows: Brian L. Haycox 245 Tarapon Rio Rancho, NM 87124 Return card acknowledging receipt on November 25, 2005, is attached as Exhibit "A". MOM & KUTULAKIS, LLP Date: 11(2'1/05 -, I I. i . {did ( !- (it ' Kara W. Haggerty, Iy.;g 36 South Hanover Sf Carlisle, P A 17013 (717)249-0900 Attorney for Plaintiff J.D. No: 86914 z/ .--...,. '- . Complete items 1, 2, and 3. Also complete ~em 4 ~ Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the carcl to you. . Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to: EnCL() L. I~ UX Z4 S TCifO.fX:Li\ J2io i2fl.tVto, Nf/I ~7{2-Lf 2. Article Number (T~ from servIce_q PS Form 3811, February 2004 / "'0< D. Is delivery address different from item .~D. Ya If YES, enter delivery address be~ . ~ 0 ~':_, \',: - i~i','_>'" ;-"-,,-) \ ''-.' '.- . 3. Service Type Jkcertlfjed Mail o Registered o Insured Mall 4. RestrIcted Delivery? (Extra Foe) DYes Domestic Return Receipt 102595002.M.1540 Exhibit "A" o c'::~ (,,) c) .:;< c ELIZABETH T. HAYCOX, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A v. NO. 05-3233 CIVIL TERM BRIAN L. HA YCOX, Defendant CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301(c) of the Divorce Code was ftled on June 24, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit 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. r2~~~-f~ Eliz th T. Hayco Date: 03!dS)O(o --) - ELIZABETH T. HA YCOX, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A v. NO. 05-3233 CIVIL TERM BRIAN L. HA YCOX, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit 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: ~ 3/;)'6/[J(P U~jJ( fLl/-J Eliza. th T. Hayc6x " .-1;-. ------ ELIZABETH T. !-LA. YCOX, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 05-3233 CIVIL TERM BRIAN L. HA YCOX, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on June 24, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are tme 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: 3/.;l..J> /00 ., -c.. .':> Brian L. Haycox C-.a.4'A. . ".;-....,../ /. /"/~." Cr"""'7"""":: / / L .' ,. , ,,, ~:. (: ELIZABETH T. HA YCOX, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 05-3233 CIVIL TERI\1 BRIAN L. HA YCOX, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are tme 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: :3 /ie? S~/ C( <--;. C"Yz:k!( Q,K /V .' ( ) Brian L. Haycox :, " ELIZABETH T. HA YCOX, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 05-3233 CIVIL TERM BRIAN L. HA YCOx, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground(s) for divorce: irretrievable breakdown under ~3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: November 11. 2005. via certified mail. return receipt requested. An Affidavit of Service was filed on November 30, 2005, confirming service. 3. Complete either paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by ~3301 (c) of the Divorce Code: by Plaintiff March 28. 2006 by Defendant March 28. 2006. (b)(I) Date of execution of the Affidavit required by ~3301(d) of the Divorce Code: N / A; (2) Date of filing and service of the Plaintiff's affidavit upon the Respondent: N / A. 4. Related claims pending: None. '. 5. Complete either paragraph (a) or (b): (a) Date and manner of service of the notice of intention to file Praecipe to transmit record, a copy of which is attached: N / A. (b) Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: April 25. 2006 Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: April 25. 2006. Respectfully submitted, ABOM & KUTULAKIS, L.L.P DATE~ ~rtyT~ 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff ID #86914 ..., . CERTIFICATE OF SERVICE AND NOW, this lL ~ of May, 2006, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Praecipe to Transmit Record upon the Defendant by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, addressed as follows: Brian L. Haycox 907 D County Club Road Rio Rancho, NM 87124 Respectfully submitted, AlIOM & KUTULAKIS, L.L.P DATE D5WD& w.Ha Kara W. Haggerty, E 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff ill #86914 2 s: -on:'l "",1 : Z _~~ Z. ~~. ~ c.JJ..1f,..' ::<:'" r::C <- iiC ""e- rC;: ~ ,.., = = <:r" ::J: ~ ~ i~ - ~~ :r:11 -0 0('5 ::J:&r' :;.~ c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ELIZABETH T. HA YCOX, Plaintiff . VERSUS BRIAN 1. HA YCOX, Defendant . AND NOW, DECREED THAT AND PENNA. 2005-3233 CIVIL NO. DECREE IN DIVORCE ~ ("l , 2.00(, , IT IS ORDERED AND ELIZABETH T. HA YCOX , PLAINTIFF, BRIAN 1. HA YCOX , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ATTES J. . . . . . . . . . . . . . . . . . . . . . . . .J.., l' ~ ~ 'At}1.5 ~;; 7! ,,-: 4Vlf'V ;0. bt.y ,. . . . , .' .,." .' " ;.\ "'.' ..' > IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA &M-P-A Plaintiff Vs File No. _3J 3 IN DIVORCE Defendant C: C= r; • -.0:x cv ---I �� 7-�� _�. NOTICE TO RESUME PRIOR SURNAMES Notice is hereby given that the Plaintiff/defendant in the above matter, ? .. � .C: c c [select one by marking "x"] zz prior to the entry of a Final Decree in Divorce, -c * or _�after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of no C 6 C6+k , and gives this written notice avowing his/her intention pursuant to the provisions of 54 P.S. 704. Date: q/j(Q .9finAt'A? -7. Signatu ignature of name being resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF On the bay of , 200 , before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. PProthonotary or Notary Public Cc�s �