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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
.
STATE OF
PENNA.
,
JESSICA L. HEMPERLY,
,
No.
1896
2000
PLAINTIFF,
VERSUS
.
MICHAEL E. HEMPERLY, JR.,
DEFENDANT.
.
.
.
.
.
DECREE IN
DIVORCE
.
.
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AND Now,_Au ~",s.1 3\
, -;;Zoa0, IT IS ORDERED AND
.
DECREED THAT Jessica L. Hemperlv
, PLAINTIFF,
.
AND Michael E. Hemperly, Jr.
, 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;
.
None.
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Michael S. Travis
ID No. 77399
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717) 731-9502
In the Court of Common Pleas of Cumberland County,
Pennsylvania
JESSICA L. HEMPERL Y,
Plaintiff,
MICHAEL E. HEMPERL Y, JR.,
Defendant.
)
)
)
)
)
)
No. 2000 -1896 CIVIL
CIVIL TERM
IN DIVORCE
vs.
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry of a
divorce decree:
Code.
1. Ground for divorce: irretrievable breakdown under ~ 330l(d)(1) of the Divorce
2. Date and manner of service of the complaint: March 30, 2000, Affidavit of
Service attached hereto.
3. (a) Date of execution of the affidavit required by ~ 330l(d) of the Divorce Code:
by plaintiff April 24, 2000; (b) Date of filing and service ofplaintiffs affidavit upon the
respondent: May 19, 2000(filed), May 23, 2000(served).
4. Related claims pending: No economic claims were raised.
5. Date and manner of service of the notice of intention to file praecipe to transmit
record, a copy of which is attached: June 13,2000, US Mail first class postage prepaid.
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Attorney for Plaintiff
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
JESSICA L. HEMPERL Y,
Plaintiff,
)
)
)
)
)
)
No.
of2000 ~ I~f~
vs.
MICHAEL E. HEMPERL Y, JR.,
Defendant.
CIVIL TERM
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 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 at:
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 TillS 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.
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
'"
In the Court of Common Pleas of Cumberland County,
Pennsylvania
JESSICA L. HEMPERL Y,
Plaintiff,
)
)
)
)
)
)
No.
of2000 _/i'-'I(.
Ip.-..
vs.
MICHAEL E. HEMPERLY, JR.,
Defendant.
CIVIL TERM
IN DNORCE
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITHIN-NAMED DEFENDANT:
You have been named as the Defendant in a Complaint in divorce proceeding filed in the
Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance
with Section 3302(d) of the Divorce Code, you may request that the court require you and your
spouse to attend marriage counseling prior to a divorce being handed down by the court. A list
of professional marriage counselors is available at the Domestic Relations Office, 13 North
Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to
you and you are not bound to choose a counselor from this list. All necessary arrangements and
the cost of counseling sessions are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your request for counseling within
twenty days of the date on which you receive this notice. Failure to do so will constitute a
waiver of your right to request counseling.
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
MICHAEL E. HEMPERL Y, JR.,
Defendant.
)
)
)
)
)
)
No.
of2000 -) Sq;,
1P-
JESSICA L. HEMPERL Y,
Plaintiff,
vs.
CIVIL TERM
IN DIVORCE
COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR
3301(d) OF THE DIVORCE CODE IN DIVORCE
Plaintiff, by her attorney Michael S. Travis, respectfully represents:
1. Plaintiff is Jessica L. Hemperly, who resides at RD #1 Box 258C Old Cabin
Hollow Road, Dillsburg, York County, Pennsylvania, 17019, since March 25, 2000.
2. Defendant is Michael E. Hemperly, Jr., who resides at 342 South Washington
Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055, since December 1998.
3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania
for at least six months immediately previous to the filing of this Complaint.
4. The plaintiff and defendant were married on February 9,1998, at Cumberland
County, Pennsylvania.
5. There have been no prior actions of divorce or annuhnent between the parties in
this or any other jurisdiction.
6. The marriage is irretrievably broken.
7. The parties have been living separate and apart. At a subsequent time, plaintiff
may submit an Affidavit that the parties have lived separate and apart for at least two (2) years.
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 counseling.
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9.
Neither plaintiff or defendant are in the Military Service in the United States
Armed Services. Neither plaintiff or defendant are within the provisions of the Soldiers' and
Sailors' Relief Act of Congress of 1940 and its amendments.
10. Plaintiff requests the court to enter a decree of divorce.
J verify that the statements made in this 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)@
~.
Attorney for Plaintiff
LD. # 77399
4076 Market Street, Suite 209
Camp Hill, P A 17011
(717)731-9502
Fax 731-9511
In the Court of Common Pleas of Cumberland County,
Pennsylvania
JESSICA L. HEMPERL Y,
Plaintiff,
MICHAEL E. HEMPERL Y, JR.,
Defendant.
)
)
)
)
)
)
No. 2000 - 1896 CIVIL
vs.
CIVIL TERM
IN DIVORCE
NOTICE OF INTENTION TO REQUEST ENTRY
OF ~ 330l(d) DIVORCE DECREE
TO: MICHAEL E. HEMPERL Y, JR., DEFENDANT:
You have been sued in an action for divorce. You have failed to answer the complaint or
file a counter-affidavit to the ~ 3301(d) affidavit. Therefore, on or after July 3, 2000, the other
party can request the court to enter a fmal decree in divorce.
If you do not file with the prothonotary of the court an answer with your signature
notarized or verified or a counter-affidavit by the above date, the court can enter a fmal decree in
divorce. A counter-affidavit, which you may file with the prothonotary of the court, is attached
to this notice.
Unless you have already filed with the court a written claim for economic relief, you
must do so by the above date or the court may grant the divorce and you will lose forever the
right to ask for economic relief. The filing ofthe form counter-affidavit alone does not protect
your economic claims.
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.
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166 .
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U) 0 Complel!? items ~ and/or 2 for addilional services.
6:l Complete items 3, 4a, and 41:1.
CJ Print your name and address on 1he reverse of this form so that we can retum this
~'" card to YOIJ.
_ 0 Attaeh.lhis form 10 the lront of the mal\plece, or on the back il space does not
G:I permit,"
-S CJ Write "Rot( '"7 ReceIpt Requested" on the maifpiece below the article number.
c. 0 The Return Receipt will show to wnQffi the article was delivered and the date
o delivered.
~ 3. Article Addre'Ssed to:
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SENDER:
I also wish to rece[ve the follow-
ing services (for an extra fee):
1. 0 Addressee's Address
2. f9"Restricted Delivery
4a. Article N~ber
m'chc\.e\ E. H-emperkl, "J'"r. :2_ 35:2-- q38 ~~
J' 1 4b. Service Type
3Yd-. So'-'.i\') \)(,o.s\'I,nOwo S,l&\- 0 Registered ...c.rtified
iYl<?<:.ho.(\iCSbL\.\'c,) PA n~~ o Express Mail o Insured
V 0 Return ReCe\pt for Merchandise 0 COD
7. Date o.! Delive-%,
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8. Addressee's Address (Only if requested and
fee is paid)
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102595-99.&0223 Doltf c Return Receipt
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
JESSICA L. HEMPERL Y,
Plaintiflf,
MICHAEL E. HEMPERL Y, JR.,
Defendant.
)
)
)
)
)
)
No. 2000 -1896 CIVIL
CIVIL TERM
IN DIVORCE
vs.
AFFIDAVIT OF SERVICE
I, Michael S. Travis, attorney for Plaintiff, in the above captioned action for divorce,
hereby state that a conformed and certified copy of the Complaint in Divorce was served upon
the Defendant by Certified Mail No. Z 352 938 886, return receipt requested, by depositing the
same in the United States mail on March 28,2000, pursuant to Rule 1920.4 of the Amendments
to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the
green return receipt card attached hereto, the Complaint was received by the Defendant on March
30, 2000.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn
falsification to authorities.
,
ae S. ravis
4076 Market Street, Suite 209
Camp Hill, P A 17011
(717) 731-9502
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
MICHAEL E. HEMPERL Y, JR.,
Defendant.
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No. 2000 -1896 CIVIL
CIVIL TERM
IN DIVORCE
JESSICA L. HEMPERLY,
Plaintiff,
vs.
NOTICE
If you wish to deny any of tl1e statements set forth in this affidavit, you must file a
counter-affidavit within twenty days after this affidavit has been served on you or tl1e statements
will be admitted:
AFFIDAVIT UNDER
SECTION 3301(d) OF THE
DIVORCE CODE
1. The parties to tl1is action separated on or before April I , 1998, and have continued to
live separate and apart for a period of at least two years.
2. The marriage is irretrievably broken.
3. I understand tl1at I may lose rights concerning alimony, division of property, lawyer's
fees or expenses ifI do not claim tl1em before a divorce is granted.
I verify tl1at tl1e statements made in this affidavit are true and correct. I understand tl1at
false statements herein are made subject to tl1e penalties of 18 Pa.C.S. ~ 4904 relating to unsworn
falsification to autl1orities.
Date: f1h7)
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Michael S. Travis
10 No. 77399
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717) 731-9502
In the Court of Common Pleas of Cumberland County,
Pennsylvania
MICHAEL E. HEMPERL Y, JR.,
Defendant.
)
)
)
)
)
)
No. 2000 -1896 CIVIL
CIVIL TERM
IN DIVORCE
JESSICA L. HEMPERL Y,
Plaintiff,
vs.
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry of a
divorce decree:
I. Ground for divorce: irretrievable breakdown under ~ 330l(d)(I) of the Divorce
Code.
2. Date and manner of service of the complaint: March 30, 2000, Affidavit of
Service indicating acceptance of service attached hereto.
3. (a) Date of execution of the affidavit required by 9 330l(d) of the Divorce Code:
by plaintiff April 24, 2000; (b) Date of filing and service of plaintiff's affidavit upon the
respondent: May 19, 2000(filed), May 23, 2000(served).
4. Related claims pending: No economic claims were raised.
5. Date and manner of service of the notice of intention to file praecipe to transmit
record, a copy of which is attached: June 13,2000, US Mail first class postage prepaid.
~
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
JESSICA L. HEMPERL Y,
Plaintiflf,
MICHAEL E. HEMPERL Y, JR.,
Defendant.
)
)
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)
No. 2000 -1896 CIVIL
vs.
CIVIL TERM
IN DIVORCE
ACCEPTANCE OF SERVICE
I accept service of the complaint in divorce. I received a copy of the complaint on or
about March 30, 2000.
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Date
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Mailing address:
342 S. Washington Street
Mechanicsburg, PA 17055
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
JESSICA L. HEMPERL Y,
Plaintiff,
)
)
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)
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No. 2000 -1896 CIVIL
CIVIL TERM
IN DIVORCE
vs.
MICHAEL E. HEMPERLY, JR.,
Defendant.
AFFIDAVIT OF SERVICE
I, Michael S. Travis, attorney for plaintiff, in the above captioned action for divorce,
hereby state that a conformed and certified copy of the Complaint in Divorce was served upon
the Defendant by Certified Mail No. Z 352 938 886; as defendant did not personally sign for
receipt of the restricted delivery mail, an acceptance of service indicating acceptance of service
by defendant on March 30, 2000 is attached hereto.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn
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4076 Market Street, Suite 209
Camp Hill, P A 170 II
(717) 731-9502
falsification to authorities.
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JESSICA L. HEMPERL Y, :
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
MICHAEL E.
HEMPERL Y, JR.,
Defendant
NO. 00-1896 CIVIL TERM
ORDER OF COURT
AND NOW, this 25th day of July, 2000, upon consideration of Plaintiffs praecipe
to transmit record in the above-captioned matter, and it appearing that the return receipt
card upon which service of the complaint is predicated does not bear Defendant's
signature, a divorce decree will not be entered at this time, without prejudice to the
parties' rights to correct the deficiency (e.g., by an acknowledgment of service) and file a
new praecipe to transmit record.
BY THE COURT,
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Wesley Oler,
Michael S. Travis, Esq.
4076 Market Street
Suite 209
Camp Hill, P A 17011
Attorney for Plaintiff
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