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HomeMy WebLinkAbout00-04804 ..... ~, . . . ~ ~ ~ ~ ~ ~ ,'I ... . . ~ ~~ ~ ~ ~~ ~~ . .. . .. . IN THE COURTf OF COMMON PLEAS OF CUMBERLAND COUNTY , . , , , , . . . Lyleanne Hertzler STATE OF PENNA. . . . . . . . Plaintiff NO. 00-4804 Civil Term DECREE IN DIVORCE 6~cr o::t '3: t/? ,IJ.,f? .. ,Jod( ,IT IS ORDERED AND VERSUS Mark H. Hertzler . . Defendant Lyleanne Hertzler , PLAINTIFF, . . . . . . . . . . . AND NOW, AND Mark H. Hertzler , DEFENDANT, . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . DECREED THAT 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; . . . . . . . . . . . . t-.\ l>,.) f B AITmt~ J. PROTHONOTARY . . . . . . . .. . . " .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , ,< C'_ '.' ~ T . .-~ '" , /()/OC7/~c'~ ~ $4-~ /t'/?J"tP/ ~~ ~ '3 ~- ~. ., . _ .~W t-',""" . .N"_~_IJ I.' ,~, " _ ,'II"li!_w ._'-r .1!lI~~~7 ,,"' 1 - "",!II!I.." ~~,. ~", e. -. !~~" "'.J'- _ (" ~,_' " '.', '7 ,_J., " \1 ~\l ~" , ) .., l.yleallne Hertzler, Plaintiff SS# 162-54-2498 IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA V. NO. 00-4804 Civil Term Mark H. Hertzler, Defendant SS# 209-46-0106 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: Section 3301 (c) of the Divorce Code. 2. Date and manner service of the Complaint: A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 6, 2000, and service was obtained upon the defendant on July 14, 2000, by United States First Class Mail, certified number P 016 244 726. 3. Date of execution of the Affidavit of Consent and Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301 (c) of the Divorce Code: by Plaintiff: July 2, 2001 by Defendant: July 2, 2001 Time Stamped date of Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301 (c) of the Divorce Code: by Plaintiff: July 17, 2001 by Defendant: July 17, 2001 4. Related claims pending: There are no related claims pending. i((~ Jame 'A. Miller, Esquire Market Street Camp Hill, PA 17011 (717) 737-6400 " ~;~' ~. >. ,~~' '::',:,r ~Jt"~~~ .. ~H , "I,.H- '~"~iiWil' " '~- .... ,.. ( (") a () C ."n ?" Cl :~ -0 co- c) rn n" -l -~ -'" :c ~ CiJ ?" c'-' :'j ~~: c..) '---..' r:::c ::s ::_~~~~ "- ;~c~-, ;,~)(~ "='0 )>c n,T! -, z ,:;:> 5-:,: =< ::0 -< . . , Lyleanne Hertzler, " SS#162-54-2498 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 0("\ - .LIPO'l ~o;l~~ Mark H. Hertzler, SS#209-46-0106 Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in 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 ANNlILMENT 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 James A. Mill ,Esquire Attorney f laintiff - ) Lyleanne Hertzler, . SS#162-54-2498 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. bV- <fro,!, ~ T~ Mark H. Hertzler, SS#209-46-0106 Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Lyleanne Hertzler, who currently resides at 543 Lamp Post Lane, CampHill, Cumberland County, Pennsylvania, 17011. 2. Defendant is Mark H. Hertzler whose last known address was 4 Hummel AVenue, Lemoyne, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 18, 1998, in Dauphin County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties, 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America. 8. Plaintiff avers that there is one child of the parties under the age of eighteen, namely Sean M. O'Brien, D.O.B. August 1, 1987. 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. "'-",) , COUNT 1 REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 11. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree dissolving the marriage between Plaintiff and Defendant. Respectfully Submitted, L--.. " ':"'-Y"~-" ~:::-=~. t!:= \'e,.:- i fv t:,;? t -'- U:-C E.= S t..2.n:i " VER__ IC'TION ol-;..P ~;~ -,-..-- ~.C\.. ,0 -" :-0.. ;:o=......=lties c: fals::iC?ticn to ~~Jt.hc:-ities. Date: " '";-t,,,:~ y :J r 1-7 - ).-11<91) ,;";,,.:""':';'"i.,':: '-i:;"~;;''. "i "~,~~:::;;",.;;~,,?;,,,,- state.::2:;ts ::-.::.::e 1-'1 t1-:e att.a&ed are L~e ar:d. false s':..at.e::ei:ts he.reiJ1 are ::-cce s..:::>ject. to .......:;,. ~_~ioj) ":;?C4 :celatL ""B ~-...s-...'C!;"T1 to ,{J iflliJIJIJ J&Ju:r!f-:J : ~'-..~:;i'~'~'4 ,..:.; .... . ",'e' ',,-.>,' '1.',", ":;,, :,~ ,~,,,,,,,,,~,,~ ,'" ".'\ " "'," ..>,,--. ,.;-_", '~o., """,' ~~~ -.".~, "ldiiir"'"' ~ "'illJ ~ ''''''''''" , - il.<lWi~~>""""~"""'" ' ~~ ,,,,' "~.." p ~ "'<l. () 0 ~ '-- 0 C 0 -q --.( ~ ft ~"" :: () ~ .~ v [1,] il1:n IJ1n: r~ LXI , ~ 0 ~~~ I -OITi '-'I C"> :-r'Jy 6' ~d~~ ..a ~ 0 0- ~C; -0 ~ -c; ::Jii: r"5~ ....... J ZO -~.... ~ --0 (~m - CN Pc e, (f! ~ Z N ;;;! =<! ::n Ul -< 1- .'" , '_""~"h" 1 . "~~""""""".."=,":,.,,=,~,,, ~. .g SENDER: 'I "l7:i . Complete items 1 andlor 2 for additional servlceg. I also -wish to receive the , <0 .. Complete items 3, and 4a <& b. r following services {for an extra 1J'!. .. Print yaur name <lnd address em the reverse of this torm so that we can I feel: t return this card to you. , ~ .. Attach this form to the front of the mailpiece, or on the back If space I 1. 0 Addressee's Address f'~'le3 not permit. _ ~ ~""Write "RetuTl'l Receipt Requested" on the mallpiece below the article number. "'" II The Return Receipt will show to w"f'lom thfl article was delivered and the date ::: ' '-delivered 10,; . -c;" " , ~ .. -a E " " ffil g! <l: z c: :::> I- ~ 6. ~ :: " . >- PS Form 3811, December 1991 .!!! 2. 0 Restricted Dellvery Consult ostmaster for fee. I 4a?tiOl&m~yy IdlP 14b. S~rv)ce Type o Registered I' [;tcertified , 0 Express Mail 7, Date 01 ~ ,g ::' " ,.. 8. Addressee's Address (Only if requested ~ and fee is paid) ~ .c I- *U,s. GPO: 1!(ll)3-352-714 DOME~ TIC R;!TURN RECEIPT '" " "S J; ~ Co ";;; " " '" 5, ;::: " c: '" c" "! _0 '>.c "", .io 0,' , . ..... . J 4. Lyleal1ne Hertzler, SS#162-54-2498 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00-4804 Civil Term Mark H. Hertzler, SS#209-46-0106 Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE OF DIVORCE COMPLAINT I, James A. Miller, Esquire, hereby certifY that on July 14, 2000, I served the Defendant, Mark H. Hertzler, with a certified copy of the divorce complaint as evidenced by the attached United States First Class Mail return receipt card number P 016 244 726. DATE: Tuesday, July 18, 2000 -c{-(~ James A. 'Her, Esquire 5 \3 h Second Street, Suite 100 .... JltnTIsburg, P A 1710 I ~(717)236-5161 "'" ~ ,M~ "'IIiiltW-l --~nf~' "" , ,~, ",~ ,-- ,~ ~'lfm.~a~~ll!UM~ ) , ? > ,-'~.~ e, ,L ~, ~ _^ ~ ,L,,;,,~. I' . ~ ~, all .". . :~ ,,,,' )J'l r- ... o ~ -o~0 ~~.. :<.2._ r:::c~ -- vr-. 'gel /,r- Z -!. ""c i r"'~) C) .- .- " , , i ~.~~ ~~~ "7 "'TJ % ,:,n ,0 - ~ I . . ~ .. '- . ~~ .= . .' d. ..6 "F: . "- < , L YLEANNE HERTZLER, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-4804 CML TERM MARK H. HERTZLER, Defendant IN DNORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 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: 1 01 ~ ......."llii~1it.I'l:'t"~~_~~~1-\l""-:O'~.1!'""li'fi,WliI',~~~~IiMRI.i&ll!/i ~.~ ) "'$,~-'- ,"',",,>=l~~ c'~_~,,,'_,'0"~ ""><< ,~"' ~" ",,--,1 "J ,,,~,,. --" ^~ =~,~ ~ .liJt<t--'-"-> ~,,_iIIiItriI~ABm c; G -:)\:,1' ~'~:. [>:;';" ~~;~. ,c;_, ~;.;:S:~ ~~ :2 lWii.\- - 'I -' " %; , ():. " , ,.' ,-," .... Lyleanne Hertzler, Plaintiff SS# 162-54-2498 IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA V. NO. 00-4804 Civil Term Mark IH. Hertzler, Defendant SS# 209-46-0106 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOT~CE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. A. Section 4904, relating to unworn fal . . 'on of author" . Date: 1Jr}1 ~/ Mar """ ::i " I, I) 0' ~i !J \! i 1:' r:! 'I ilIii"".' ~, ". ,;,,:; &\i!ij~" -',,-,..,,;,,;;" ,," ''''-~l_l' ,,'~ .,~~ ..> oJ. ~ ~, 0" o 'i: -clnc:. ~-~~. --'''\ 'Ci~> ?: :?'(' , :::'C" -':7 :-::\. ~ "-;'\ (::0 'W .c'" ,. .. "" ..J"..., ,~ . .'\ Lyleanne Hertzler, Plaintiff SS# 162-54-2498 IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA V. NO. 00-4804 Civil Term Mark Iff. Hertzler, Defendant SS# 209-46-0106 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 6, 2000, and service was obtained upon the defendant on July 14, 2000, by United States First Class Mail, certified number P 016244726. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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.A. Section 4904, relating to unswornfClI~lf_ tion to a th r"' /j" / Date: 1J71nJ. !of I I M >. , ,~,'C " f~"", ~"""'.....-> ~. . -~ '.; ., < ~" '-<-i"-' , . " -~-' , -..' ~~'~ _II_~ , ." :J.l.l' ~', , ....""".....06~ o r ~~, ;7 -u1:i'", ITJIT ?:~ -". "~~\~':.-: ~~c i~ -< ~.~ .~- . c::;, "' ,- f' ' J IW; .< < ~~,- .' 'tho' . LYLEANNE HERTZLER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-4804 CML TERM MARK H. HERTZLER, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on I July 6, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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. D~~'\ i4", .~.~lIR. . 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