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HomeMy WebLinkAbout99-05760 (2), _.. a ?c 1 O v, 99. 57&0 . r _, Sac.?•?o?, 330 ?`` ?d? o? __ I IIJ? ?n?T as o? k, fik,, ?'oA- S2pkr,6 J o? 5e _ ?\?_ s.e?ho ? XpNr- TOJ R ?2c ?o C\ of k? Q?cS? +u1 yeRfS . 1I 1 1 r _ *?Q(S oC ?QX er?S25 ?? ? UO ho? eIR:+-• 1'?? uo? ??\?Qkv?? fl-TZ ?1 C ? COcCec\ ? uv???rs?? ,T?Y? CIL `Igo`I c? k lea O ?CA?L©Y\ tC) Aw?r;?,25y\ l n_ r, yr _ =j 1 LL J 7 _.-.. ?_. Q:. _jj? a ?c U Cj o :V i 99 sx b 1 ii UAQ CO 0 A co (/i1) ? r.Q, CC7Gk wkS 7•IAQ Ov` Q c?0 `? 1rc'L.?tQVRb\ ? ?c-e?( p.r? _ R?CF h?n2Ty ?hJQ 2 ' hO54C? 11 \ rr 1rcM ?Q dht? eT rr y ' f ?[ t1,,?g a'.? SQ.CVCC2 2>? I?ti ?o*?Irr,?C_ (? r Joi c?L l4 S2rv:c? C?? tx> nC2 0? v?C?? C-6 A. -\A Njk? A LL:?, sur0r k?, r- o A-o ma ?s? tit. ?-k sl s-? `?? 11?r 1S?M,? g9al re?? ? `g - -._ ? voa-cQ 1999-0S-7 6o - I_- _ T?tc?.n?res?Vi ?? l1oS? N V • J L L? _ a } d ?y P ri4n- REBECCA A. HYLE, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PA. vs. NO. J %C C) LOGAN B. HYLE, CIVIL ACTION - LAW Defendant IN DIVORCE AND CUSTODY ORDER OF COURT AND NOW, this day of - ? 1999, upon consideration of the attached complaint, it is hefeby directed that the parties and their respective counsel appear before . (? n F -,A , the conciliator, at 39 \) . Mrp # f ?4 rf1, t, !?a 4 0 on the D day of IPM (- 1999, at 1 : M Q M 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 temporar, order. Either party may bring the child who is subject of this custody actior?{t`o?t e c$nZence, but the child's/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Q Sf Custody Conciliator \ 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. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 07 WN ? . r.:+}i "SFP Q Ito ^.a#v REBECCA A. HYLE, Plaintiff LOGAN B. HYLE, VS. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. NO. CIVIL ACTION - LAW IN DIVORCE AND CUSTODY 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. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Court House, One Courthouse Square, 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 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 I OU CAN GET LEGAL HELP. Court Administrator Cumberland County Court House Fourth Floor Carlisle, PA 17013 (717) 240-6222 REBECCA A. HYLE, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PA. VS. : NO. LOGAN B. HYLE, CIVIL ACTION - LAW Defendant IN DIVORCE AND CUSTODY NOTICIA USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien set emitida en su contra por cualquier otra queja o compensacion reclamados por el demandant. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotry, en la Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Court Administrator Cumberland County Court House Fourth Floor Carlisle, PA 17013 (717) 240-6222 REBECCA A.HYLE, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. NO. yq_ 5,760 C? A44, LOGAN B. KYLE, CIVIL ACTION - LAW Defendant IN DIVORCE AND CUSTODY COMPLAINT UNDER SECTION 33010 OF THE. DIVORCE CODE COUNT I AND NOW, this flay of _ 1999, comes the Plaintiff, Rebecca A. Hyle, by her attorney, Jane Alexander, Esquire, and fil-!. this Complaint upon a cause of action of which the following is a statement. 1. Plaintiff is Rebecca A. Hyle, 42 years of age, who currently resides at 3533 Lisburn Road, Mechanicsburg, PA 17055, Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania. 2. Defendant is Logan B. Hyle, 45 years of age, who currently resides at 3533 Lisburn Road, Mechanicsburg, PA 17055, Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania. 3. Plaintiff and Defendant have both resided in the Commonwealth of Pennsylvania for at least six (6) months prior to the tiling of the Complaint in Divorce. 4. The Plaintiff and Defendant were married on December 21, 1986 in Harrisburg, Pennsylvania by a Minister. 5. There was one child born to the parties during this marriage: Andrew C. Hyle, age 12 years, born June 2, 1987. 6. There were no prior actions in divorce or annulment commenced by the parties. 7. The parties have not entered into a written agreement as to alimony, counsel fees, cost and property division. 8. 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. 9. While the parties were domiciled within the Commonwealth of Pennsylvania, and through no fault of Plaintiff, the innocent and injured spouse, the Defendant, in violation of the marriage vows and the laws of the Commonwealth, has offered such indignities to the person of the Plaintiff as to render her condition intolerable and life burdensome. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. 10. The allegations of Paragraph one (1) through nine (9) are incorporated herein by reference and made a part hereof. 11. The marriage is irretrievably broken. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. 12. The allegations of Paragraph one (1) through nine (9) and Paragraphs ten (10) and eleven (11) are incorporated herein by reference and made a part hereof. 13. Plaintiff and Defendant have acquired property, both real and personal during their marriage. 14. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property of whatsoever kind and wheresoever situate and for such further relief as the Court may deem equitable and just. COUNTY IV COMPLIANT FOR CUSTODY 15. The Plaintiff seeks primary physical and joint legal custody of the following child, Andrew C. Hyle, age 12 years, born June 2, 1987. 16. The child was born during this marriage. 17. The child is presently in the custody of the Plaintiff. 18. The child has resided with the Plaintiff and Defendant from date of birth to date at 3533 Lisburn Road, Mechanicsburg, PA 17055. 19. The relationship of the Plaintiff to the child is that of natural mother. 20. The relationship of the Defendant to the child is that of natural father. 21. The Plaintiff has not participated as a party or as a witness, or in any other capacity, in other litigation concerning the custody of this child in this or any other Court. 22. The Plaintiff has no information of a custody proceeding concerning the child pending in any other court within this Commonwealth. 23. The Plaintiff knows of no other persons, not a party to these proceedings, who has visitation or custody rights with respect to the child. 24. The best interest and permanent welfare of the child will be served by granting the Plaintiff primary physical custody and joint legal custody because the Plaintiff is able to provide the child with a good environment and proper care of the child and has, during the life of the child, been the primary care giver. WHEREFORE, the Plaintiff requests your Honorable Court to grant her primary physical custody of the subject child with reasonable rights of visitation to the Defendant and that the Defendant shall not remove the child from the jurisdiction of the Pennsylvania Courts. Respectfully Submitted, ttorney for the Plaintiff .D. No. 07355 48 S. Baltimore Street Dillsburg, PA 17019 (717) 432-4514 VerificatiQn I 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. Section 4904 relating to unsworn falsification to authorities. Date: / - 117-2? ?r N (c Rebecca A. Hyle COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK S.S Before me, the undersigned officer, a Notary Public, in and for the said Commonwealth and County, Personally appeared Rebecca A. Hyle who, being affirmed according to law, deposes and says that the facts and matters set forth in the foregoing Complaint are true and correct to the best of her knowledge, information and belief. Sworn to and subscribed before me this / 7 -77'1 day of .trr?? -1; zt , 1999. 7 Notary Public Notarial Seal HaNard E. Alexaroler, Notary Public M= Boro. York Countif t18 My Commissron Expires April 23.2001 Member, ennt,i'--ii ks ndalion of Notaries L i ? li wz=l Rebecca A. Hyle v ' ,. ti ? J p ?52 U u ?i ?lam ?'1. ?. 1 4 1 ??l a W w z W °a F o Z Z u O p GW O W a w a Q % ?5a w° > Oa v mH W U pj q O 1 ° a W W 0 m a F w4 >+ ZE 0H w m UWU a O EE 0.1 r1 O ,Q W N .. FU q 6 H W 4- . w as 0U2 H W O O H r v K 8 d?a Evo 08 °8 ? N 0 ?a -'Ep 21 NOV 1 199 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LOGAN B. HYLE, NO. 99-5760 Petitioner V. REBECCA A. HYLE, Respondent CIVIL ACTION-LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, to wit, this 0 day of` Lott Le ; 1999, upon consideration of the foregoing Petition for Special Relief, a Rule is granted on Rebecca A. Hyle to show cause why the Petitioner should not be granted the requested relief. Rule returnable the _1 12?day of ett i t , 1999, in Courtroom No. -,2_- at rQ ZO o'clock L.m. BY THE .COQ cL,2)ja.0 99 R?I? 0- - ra IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LOGAN B. HYLE, Petitioner NO. 99-5760 V. REBECCA A. HYLE, Respondent CIVIL ACTION-LAW IN DIVORCE PETITION FOR SPECIAL RELIEF IN THE FORM OF AN INJUNCTION PREVENTING REMOVAL, DISPOSITION, ENCUMBERING, OR ALIENATION OF PROPERTY UNDER 46401 AND 5403(a) OF THE DIVORCE CODE AND PA R. CIV P 1920.43(s) 1. Petitioner is Logan B. Hyle, who currently resides at 3533 Lisburn Road, Mechancisburg, Cumberland County, Pennsylvania 17055. 2. Respondent is Rebecca A. Hyle, who currently resides at an undisclosed location. 3. Petitioner and Respondent are husband and wife. Respondent filed a complaint in divorce on September 29, 1999. 4. Petitioner is the owner of certain personalty a list of which is attached hereto, made a part hereof, and marked Exhibit "A". 5. On or about September 1999 the Petitioner separated himself temporarily from the Respondent and left for New Mexico. 6. At the time of the separation, the Petitioner offered to convey unto the Respondent virtually all of his premarital property and all of the parties' marital property in full and final settlement of all support and equitable distribution issues. 7. Since the time of the parties' separation, the Petitioner has consulted with Counsel and has been advised that the support and equitable distribution have not been settled. 8. The Petitioner returned to the marital home and has discovered that all of his guns have been removed from the marital home as has his 1993 Ford Escort Station Wagon and Ford F-350 diesel pickup truck. Respondent refuses to account for the property. 9. Petitioner fears that the Respondent, in reliance on his settlement offer, may have sold his guns and may have forged his signature on the title of the 1993 Ford Escort and Ford F-350 diesel pickup truck and sold said vehicles. 10. Respondent, with the consent of the Petitioner and without his consent, on various occasions in the past has signed Petitioner's name to documents. 11. Immediate and irreparable harm is being caused by Respondent's conduct as Petitioner is being prevented from exercising his right to ownership of his items of premarital property and his items of marital property. WHEREFORE, Petitioner requests equitable relief as follows: a. that an injunction be issued preliminarily, until hearing, and finally thereafter, enjoining defendant from disposing, transferring, encumbering, concealing, selling, removing or alienating any personalty and/or realty; b. that your Honorable Court issue an order requiring an accounting of all items of realty and/or personalty, and that judgment be given to Petitioner against Respondent for monies or property due Petitioner as shown by said accounting and that no further disposition, transfer, encumbering, concealing, selling, removing, or alienating take place without further order of this Court; c. that your Honorable Court attach said items of personalty and/or realty; d. that all property belonging to and being the sole property of Petitioner be delivered to Petitioner; and e. such other relief as your Honorable Court may deem appropriate; f. award attorney's fees, costs and expenses. Respectfully submitted, Keit r B. DeAhnond, Esq. Attorney for Petitioner DeArmond & DeArmond 2800 Market Street Camp Hill, PA 17011 717-730-9394 Supreme Ct. I.D. No. 58878 EXHIBIT "A" Varions Hunting Guns and Pistols 1994 Ford Escort Station Wagon 1987 Ford Crown Victoria 4 Horses Horse Trailer 1989 Ford F-350 Diesel Pickup Truck VERIFICATION I, the undersigned, do hereby verify that the statements made in the foregoing document are correct to the best of my knowledge, information and belief. I understand that statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relat* to unswom falsification to authorities. i Date: O / 9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LOGAN B. HYLE, NO. 99-5760 Petitioner V. REBECCA A. HYLE, CIVIL ACTION-LAW Respondent IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of a Petition in the above captioned matter upon on the following via facsimile and United States First Class Mail: Jane M. Alexander, Esquire 148 South Baltimore Street Dillsburg, PA 17019 Date: eith B. DeArmond, Esquire DeArmond & DeArmond 2800 Market Street Camp Hill, PA 17011 717-730-9394 ?? :'i i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LOGAN B. HYLE, NO 99-5760 Petitioner REBECCA A. HYLE, CIVIL ACTION-LAW Respondent IN DIVORCE PRAECIPE TO WITHDRAW PETITION FOR SPECIAL RELIEF TO THE PROTHONOTARY: Please withdraw the Petition filed on November 4, 1999, in the above-captioned case. Respectfully submitted, Z Keith B. DeArmon , Attorney for Plaintiff DeArmond & DeArmond 2800 Market Street Camp Hill, PA 17011 717-730-9394 Supreme Ct. I.D. No. 58878 u y C,j aI_ -J... -• •-?1 LL p /rJd u- O', V cf? DEC 2 71999.) REBECCA A. HYLE, PLAINTIFF, VS. LOGAN B. HYLE, DEFENDANT, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 99-5760 IN CUSTODY ORDER OF COURT AND Nw, this 21st day of December, 1999, the Conciliator, being advised by Plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction in this case. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator ?,?? :A A. HYLE, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNA. VS. c NO. 99-5760 B. HYLE, CIVIL ACTION - LAW Defendant _ IN CUSTODY AND DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 'day of 1999 personally )eared Jane M. Alexander, Esquire! who swears according to law, it a true and correct copy of a (COMPLAINT IN CUSTODY AND /ORCE was caused to be served by certified mail with return :eipt requested upon the said, Logan B. Hyle 3533 Lisburn Road Mechanicsburg, PA 17055 September 24, 1999 by leaving the same at the Dillsburg Post ice with postage pre-paid thereon as evidenced by the mailing eipt and return receipt hereto attached and made a part ane M."A sander, Esquire Attorney D. #07355 148 S. Baltimore Street Dillsburg, PA 17019 (717) 432-4514 rn and subscribed before this day of ---g 1999. Notarial Seal HaNard E. Alexander, Notary Public Dtllsburg Soro, York County My commission Expires April 23.2001 A A. HYLE, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNA. VS. NO. 99-5760 B. HYLE, CIVIL ACTION - LAW Defendant IN CUSTODY AND DIVORCE ut m m OJ PROOF OF SERVICE Z 446 926 217 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. nn nnl rren Inn Intomatinnat Wit LCaa iris ul Ito Ire d m r Po i Olfi Stale, S ZIP C e Postage $ Certified Fee D Special Delivery Fee Restricted Delvory Fee Return Receipt Showing to Wham 8 Date Delivered r Ram Receipt Oro Whom, Dxle, It t TO BFeas $ P P to ' vim;' tip $ SENDER: • Complier. iteln9 I analor 2 for additional services, w i C h 4 I also wish to receive the following services (for an • emp ela ems a a, and 4b. • Print your name and address on the reverse of this form so that we can return this extra fee): cardto you. A • nach Ihis Bonn to the front of the mailpiece, or on the back if space does not 1. ? Addressee's Address p e • Wd ¢a Ratum Receipt aequestrol the m ndpiece below the article number. p 2. jig Restricted Delivery • The Relurn Rocelpt will show to whom the article delivered. was daWored and the date Consult postmaster for fee. "p 0 3. Ad'cle Addressed to: 4a. Article N umber an ?3 Co H /e - 4 (0 ?a to Ql -7 a g r y 22? y(/, ? Lisburn 4b. Service Type E, E JJ r1• h (11tC1V17iGSbUrqr P( c n 0,55 ? Registered 01 Certified ? Express Mail ? Insured X* ? ? Return Receipt for Merchandise ? COD 7, Date of Delivery o tL P? '7i A ' 5. Recely 8y: (Print Name) R. ddressee's ddress (Only it requested o p. Y ' and lee is paid) m e Igoe e• ddressee or g nt) €? 0 2 Ps m er 1 lozssssese Daze Domestic Return Receiot r - z of W W H E+ O H Gl U a yq 1 ? fi ? G7 '.?? y u•.P an a o vt m 7. Q 1: 1 W i c10 n a 41 F4 >4 r- E C) WInVU a l 1 Q H Q Rl F r N (1 W H > m w r" O N Z W O ,t0 Z U H O: .1 rf, SENAD CAMDZIC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA V. CIVIL ACTION - LAW NO. 99 - 5843 CIVIL TERM JAMES E. RUFF, JR.: REPLY TO NEW MATTER 8.-15. To the extent a response is necessary, the averments are denied pursuant to Pa. R.C.P. 1029(e). DOUGLAS, DOUGLAS & DOUGLAS Dated: December 27,1999 By William P. Douglas, Esquire Attorney for Plaintiff Atty. I.D. # 37926 27 West High Street P.O. Box 261 Carlisle, PA 17013 717-243-1790 f-i COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) VERIFICATION SS. I verify that the statements made in the foregoing document are true and correct, to the best of my knowledge, information, and belief. I understand that false statements herein made are subject to the provisions of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. Date Senad Camdzic ?? ?, REBECCA A. HYLE, Plaintiff LOGAN B. HYLE, vs. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. NO. CIVIL ACTION - LAW IN DIVORCE AND CUSTODY 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. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Court House, One Courthouse Square, 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 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. Court Administrator Cumberland County Court House Fourth Floor Carlisle, PA 17013 (717) 240-6222 REBECCA A. HYLE, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PA. vs. : NO. LOGAN B. HYLE, CIVIL ACTION - LAW Defendant IN DIVORCE AND CUSTODY N 0 T I C I A USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con promitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandant. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotry, en la Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Court Administrator Cumberland County Court House Fourth Floor Carlisle, PA 17013 (717) 240-6222 REBECCA A. HYLE, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PA. vs. NO. g q- 5760 LOGAN B. HYLE, CIVIL ACTION - LAW Defendant IN DIVORCE AND CUSTODY COMPLAINT UNDER SECTION 3301(C) OF THE DIVORCE COD F COUNT I AND NOW, this/ay ofo ??? 1999, comes the Plaintiff, Rebecca A. Hyle, by her attorney, Jane 1? . Alexander, Esquire, and files this Complaint upon a cause of action of which the following is a statement. 1. Plaintiff is Rebecca A. Hyle, 42 years of age, who currently resides at 3533 Lisburn Road, Mechanicsburg, PA 17055, Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania. 2. Defendant is Logan B. Hyle, 45 years of age, who currently resides at 3533 Lisburn Road, Mechanicsburg, PA 17055, Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania. 3. Plaintiff and Defendant have both resided in the Commonwealth of Pennsylvania for at least six (6) months prior to the filing of the Cotriplaint in Divorce. 4. The Plaintiff and Defendant were married on December 21, 1986 in Harrisburg, Pennsylvania by a Minister. 5. There was one child born to the parties during this marriage: Andrew C. Hyle, age 12 years, born June 2, 1987. 6. There were no prior actions in divorce or annulment commenced by the parties. 7. The parties have not entered into a written agreement as to alimony, counsel fees, cost and property division. 8. 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. 9. While the parties were domiciled within the Commonwealth of Pennsylvania, and through no fault of Plaintiff, the innocent and injured spouse, the Defendant, in violation of the marriage vows and the laws of the Commonwealth, has offered such indignities to the person of the Plaintiff as to render her condition intolerable and life burdensome. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. 10. The allegations of Paragraph one (1) through nine (9) are incorporated herein by reference and made a part hereof. 11. The marriage is irretrievably broken. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. 12. The allegations of Paragraph one (1) through nine (9) and Paragraphs ten (10) and eleven (11) are incorporated herein by reference and made a part hereof. 13. Plaintiff and Defendant have acquired property, both real and personal during their marriage. 14. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property of whatsoever kind and wheresoever situate and for such further relief as the Court may deem equitable and just. 15. The Plaintiff seeks primary physical and joint legal custody of the following child, Andrew C. Hyle, age 12 years, born June 2, 1987. 16. The child was born during this marriage. 17. The child is presently in the custody of the Plaintiff. 18. The child has resided with the Plaintiff and Defendant from date of birth to date at 3533 Lisburn Road, Mechanicsburg, PA 17055. 19. The relationship of the Plaintiff to the child is that of natural mother. 20. The relationship of the Defendant to the child is that of natural father. 21. The Plaintiff has not participated as a party or as a witness, or in any other capacity, in other litigation concerning the custody of this child in this or any other Court. 22. The Plaintiff has no information of a custody proceeding concerning the child pending in any other court within this Commonwealth. 23. The Plaintiff knows of no other persons, not a party to these proceedings, who has visitation or custody rights with respect to the child. 24. The best interest and permanent welfare of the child will be served by granting the Plaintiff primary physical custody and joint legal custody because the Plaintiff is able to provide the child with a good environment and proper care of the child and has, during the life of the child, been the primary care giver. WHEREFORE, the Plaintiff requests your Honorable Court to grant her primary physical custody of the subject child with reasonable rights of visitation to the Defendant and that the Defendant shall not remove the child from the jurisdiction of the Pennsylvania Courts. Respectfully Submitted, ttorney for the Plaintiff D. No. 07355 48 S. ]Baltimore Street Dillsburg, PA 17019 (717) 432-4514 I 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. Section 4904 relating to unsworn falsification to authorities. Date: 9 - 17- ? / ? a Rebecca A. Hyle COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK S.S Before me, the undersigned officer, a Notary Public, in and for the said Commonwealth and County, Personally appeared Rebecca A. Hyle who, being affirmed according to law, deposes and says that the facts and matters set forth in the foregoing Complaint are true and correct to the best of her knowledge, information and belief. Sworn to and subscr'bed before me this day of 1999. Notary Public Notarialseal HeWatd E. Alexander, Notary Puft Oplsburp Boro, York Co6W My Commission Expires April 23 2001 Member, ennsylvania Assariation of Notaries Rebecca A. Hyle REBECCA A. HYLE, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PA. vs. NO. 9 9 . J'7 C? LOGAN B. HYLE, CIVIL ACTION - LAW Defendant IN DIVORCE AND CUSTODY ORDER OF COURT AND NOW, this J?1 day of 1? S 1999, upon consideration of the attached complaint, it is heXeby directed that the parties and their respective counsel appear before the conciliator, at 39 \ j . k- on the D day of ( _, 1999, at : (a A.M., for a -A k 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 tempora??r?? order. Either party may bring the child who is subject of this custody action°yt c\d Terence, but the child's/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By:S Custody Conciliator 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. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 o :z ?? sz ass fi? ?ulJ_ t? G3IY I7 d-1 W H H o 0 ftfz zO 0 c ? m C • ?ro ? t? H(]?] d -r z 0 H rax ? H W O bbd )PA 0 H ? .. x aa L7 Ht r a ?C [ Obz z 0 ?3 O n x fl l •] C k z g $l b7 Cn M 0 i O O x AO H G N In a >an N C n £ z 0 JS. N 0 ° C O k3 H H N a O m O t+9 H K z z z z ro n d y ?ro O > H r z ro h7 H 'TJ ? N ?? 22 A A. HYLE, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNA. VS. NO. 99-5760 B. HYLE, CIVIL ACTION - LAW Defendant IN CUSTODY AND DIVORCE AFFIDAVIT OF SERVICE / AND NOW, this f day of ??r, 1999 personally eared Jane M. Alexander, Esquire who swears according to law, t a true and correct copy of a COMPLAINT IN CUSTODY AND was caused to be served by certified mail with return requested upon the said, Logan B. Hyle 3533 Lisburn Road Mechanicsburg, PA 17055 September 24, 1999 by leaving the same at the Dillsburg Post fice with postage pre-paid thereon as evidenced by the mailing ceipt and return receipt hereto attached and made a part reof. , L7ane M. A xander, Esqu (Attorney X.D. #07'355 148 S. Baltimore Street Dillsburg, PA 17019 (7177) 432-4514 and subscribed before s '2 g day of 1999. Notarial Seal Hard E. Alexander. Notary Public Boro, York Cou My ComMiss on Expires April 2 , 2001 Member, Pennsvlvanin ecgndation of Notaries REBECCA A. HYLE, Vs. LOGAN B. HYLE, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 99-5760 CIVIL ACTION - LAW IN CUSTODY AND DIVORCE PROOF OF SERVICE Z 446 926 217 US Postal Service Receipt for Certified Will No Insurance Coverage Provided. on not use for International Mail /See reverse) u v c c a C 4 li v S nt to re & m r P M ,State' &ZIPC e ' Postage $ Certified Fee D Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered 11015 Realm Reap, to Whom, Date, & TO & $ 15 SENDER: r I also wish to receive the w • Complete items 1 and or 2 for additional services. • Complete items 3, 4a, and 4b. following services (for an • Print your name and address on the reverse of this form so that we can return this card to you. extra fee): 1 ? Addressee's Address • Attach this form to the front of the mailpiece, or on the back if space does not . ro ?j it ' • rite 'Return Recelpt on the mailpie below the article number. 2. /r Restricted Delivery • de Return Receipt ipt will show to to whom the ertble was delivered and the date Consult postmaster for fee. EL 3. A cle Addressed to: 4a. Article N umber ogon ?3,Hyle 416 9a co a, E 3533 Lisburn 4b. Service Type ? u /?O ?fryn /y1 / ' flCr M / asbul9 f ?rT n 055 ? Registered 01 Certified ? Express Mail ? Insured s C J ? Return Receipt for Merchandise ? COD 7. Date of Delivery 5. Recei%pd By: (Print Name) 8. ddressee's Address (Only if requested Y and Fee is paid) a 6 ign e' ddressee or nt) 0 T 2 PS rM er 1 102595-98.6-0229 Domestic Return Receipt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LOGAN B. HYLE, NO. 99-5760 Petitioner V. REBECCA A. HYLE, CIVIL ACTION-LAW Respondent IN DIVORCE PETITION FOR SPECIAL RELIEF IN THE FORM OF AN INJUNCTION PREVENTING REMOVAL, DISPOSITION, ENCUMBERING, OR ALIENATION OF PROPERTY UNDER 0401 AND 6403(a) OF THE DIVORCE CODE AND PA. R. CIV. P. 1920.43(a) 1. Petitioner is Logan B. Hyle, who currently resides at 3533 Lisburn Road, Mechancisburg, Cumberland County, Pennsylvania 17055. 2. Respondent is Rebecca A. Hyle, who currently resides at an undisclosed location. 3. Petitioner and Respondent are husband and wife. Respondent filed a complaint in divorce on September 29, 1999. 4. Petitioner is the owner of certain personalty it list of which is attached hereto, made a part hereof, and marked Exhibit "A". 5. On or about September 1999 the Petitioner separated himself temporarily from the Respondent and left for New Mexico. 6. At the time of the separation, the Petitioner offered to convey unto the Respondent virtually all of his premarital property and all of the parties' marital property in full and final settlement of all support and equitable distribution issues. 7. Since the time of the parties' separation, the Petitioner has consulted with Counsel and has been advised that the support and equitable distribution have not been settled. 8. The Petitioner returned to the marital home and has discovered that all of his guns have been removed from the marital home as has his 1993 Ford Escort Station Wagon and Ford F-350 diesel pickup truck. Respondent refuses to account for the property. 9. Petitioner fears that the Respondent, in reliance on his settlement offer, may have sold his guns and may have forged his signature on the title of the 1993 Ford Escort and Ford F-350 diesel pickup truck and sold said vehicles. 10. Respondent, with the consent of the Petitioner and without his consent, on various occasions in the past has signed Petitioner's name to documents. 11. Immediate and irreparable harm is being caused by Respondent's conduct as Petitioner is being prevented from exercising his right to ownership of his items of premarital property and his items of marital property. WHEREFORE, Petitioner requests equitable relief as follows: a. that an injunction be issued preliminarily, until hewing, and finally thereafter, enjoining defendant from disposing, transferring, encumbering, concealing, selling, removing or alienating any personalty and/or realty; b. that your Honorable Court issue an order requiring an accounting of all items of realty and/or personalty, and that judgment be given to Petitioner against Respondent for monies or property due Petitioner as shown by said accounting and that no further disposition, transfer, encumbering, concealing, selling, removing, or alienating take place without further order of this Court; c. that your Honorable Court attach said items of personalty and/or realty; d. that all property belonging to and being the sole property of Petitioner be delivered to Petitioner; and e. such other relief as your Honorable Court may deem appropriate; f. award attorney's fees, costs and expenses. Respectfully submitted, A.ei, i. De ond, Esq. Attorney for Petitioner DeArmond & DeArmond 2800 Nlarket Street Camp Hill, PA 17011 717-730-9394 Supreme Ct. I.D. No. 58878 EXHIBIT "A" Various Hunting Guns and Pistols 1994 Ford Escort Station Wagon 1987 Ford Crown Victoria 4 Horses Horse Trailer 1989 Ford F-350 Diesel Pickup Truck VERIFICATION I, the undersigned, do hereby verify that the statements made in the foregoing document are correct to the best of my knowledge, information and belief. I understand that statements herein are made subject to the penalties of 1S Pa. C. S. §4904 relay to unworn falsification to authorities. Date: O / q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LOGAN B. HYLE, NO. 9-9-5760 Petitioner V. REBECCA A. HYLE, CIVIL ACTION-LAW Respondent IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of a Petition in the above captioned matter upon on the following via facsimile and United States First Class Mail: Jane M. Alexander, Esquire 148 South Baltimore Street Dillsburg, PA 17019 Date: o q I> eith B. DeArmond, Esquire DeArmond & DeArmond 2800 Market Street Camp Hill, PA 17011 717-730-9394 NOV - 1 199 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LOGAN B. HYLE, NO. 99-5760 Petitioner V. REBECCA A. HYLE, CIVIL ACTION-LAW Respondent IN DIVORCE RULE TO SHOW CAUSE AND NOW, to wit, this yak day ofAovt ; 1999, upon consideration of the foregoing Petition for Special Relief, a Rule is granted on Rebecca A. Hyle to show cause why the Petitioner should not be granted the requested relief Rule returnable the _?day of ,y,. , 1999, in Courtroom No. -,g,_ at (9130 o'clock f m. BY THE ii ?>'- 99 ? z .,,? ?? ?J,, ?, ?+ "eVfl? ?, ? ? . 9? :?; ?':? °l- f;ida ?5 /+`dt/l0id? ??;?:??ll? ? 30 3??3. G-a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LOGAN B. HYLE, NO. 99-5760 Petitioner V. REBECCA A. HYLE, CIVIL ACTION-LAW Respondent IN DIVORCE PRAECIPE TO WITHDRAW PETITION FOR SPECIAL RELIEF TO THE PROTHONOTARY: Please withdraw the Petition filed on November 4, 1999, in the above-captioned case. Respectfully submitted, Keith Et. DeArmon , Attorney for Plaintiff DeArmond & DeArmond 2800 Market Street Camp Hill, PA 17011 717-730-9394 Supreme Ct. I.D. No. 58878 ? ? -? ?? ? o .,? E y Z'L 'c"--' N -O C:r v p. ? T -ri ?,? r, ? vc ° T ? ? ca'+ -? DEC 2 71999 REBECCA A. HYLE, PLAINTIFF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 99-5760 IN CUSTODY VS. LOGAN B. HYLE, DEFENDANT, ORDER OF COURT AND NOW, this 21st day of December, 1999, the Conciliator, being advised by Plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes .jurisdiction in this case. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator -, , ,, ,?i i ??.? G:? ?i)I :.` lit, ,._? ???,?..? ? .,:.1 SENAD CAMDZIC pF CUMBERLAND COUNTY, PAEAS CIVIL ACTION - LAW V NO. 99 - 5843 CIVIL TERM JAMES E. RUFF, JR. : REPLY TO NEW MATTER To the extent a response is necessary, the averments are denied pursuant to Pa. R.C.P.1029(e). Dated: December 27, 1999 DOUGLAS, DOUGLAS & DOUGLAS By3 William P. Douglas, Esquire Attorney for Plaintiff Atty. I.D. #37926 27 West High Street P.O. Box 261 Carlisle, PA. 17013 717-243-1790 COMMONWEALTH OF PENNSYLVANIA ) ,,S COUNTY OF CUMBERLAND VERIFICATION I verify that the statements made in the foregoing document are true and correct, to the best of my knowledge, information, and belief. I understand that false statements herein made are subject to the provisions of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. 'Sdr - 1 ,_..' Senad Camdzic Date 99.5,m o UL'Av- sk(.? ,a r-,- 330 > of bN 0--r-CR C-O oT ?L,3 AJ00^ q ?Qn,T ?or R ' rt ohs A;V 4* Si - \,I t y084S . LMLQ" ? . 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