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Home My WebLink About01-6245 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUDY K. HOCH CIVIL ACTION - LAW Plaintiff, NO.O/_{,.2Y$' CIVIL vs. PAUL E. HOCH, Defendant. 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 judgement 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 grounds 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 Cumberland County Courthouse, Carlisle, P A 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 A COUNT FOR ALIMONY PENDENTE LITE AND ALIMONY IS INCLUDED HEREIN AND A HEARING IS REQUESTED. WEIGLE, PERKINS & ASSOCIATES ~ ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUDY K. HOCH CIVIL ACTION - LAW Plaintiff, NO. 01- (,,2 'f~ CIVIL VS. PAUL E. HOCH, Defendant. IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE COUNT 1- IRRETRIEVABLE BREAKDOWN AND NOW, comes the above named Plaintiff, Judy K. Hoch, by and through her attorneys, Weigle, Perkins and Associates, and Jerry A. Weigle, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1, Plaintiff, Judy K, Hoch, is an adult individual presently residing at 1 Ritner Gardens, Shippensburg, Cumberland County, Pennsylvania 17257, since October 2000, 2, Defendant, Paul E, Hoch, is an adult individual presently residing at 1712 Ritner Highway, Shippensburg, Southampton Township, Cumberland County, Pennsylvania 17257, since August, 1999, 3, The Plaintiff and Defendant are nationals and citizens of the United States of America, and both have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of the Complaint in Divorce, 4, The Plaintiff and Defendant were married on December 30, 1966, in Mechanicsburg, 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 the Plaintiff may have the right to request that the court require the parties to participate in counseling, 7. The marriage is irretrievably broken, 8, The parties have lived separate and apart since December 1999, 9, The Plaintiff requests the court to enter a decree of divorce. WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony and for such other and further relief to which Plaintiff shall be entitled, COUNT II - EOUlT ABLE DISTRIBUTION 10, Paragraphs 1 through 9 of Plaintiff's Complaint are incorporated herein by reference as though set forth in full. 11, Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage from December 30, 1966, until December 1999, date of separation, all of which property is "marital property", 12, Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non- marital property" which has increased in value since the date of the marriage and or subsequent to its acquisition during the marriage, which increase in value a marital property, 13, Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date of the filing of this Complaint and substantial portions of said property are in the exclusive control of Defendant. 14, Plaintiff requests the Court to equitably divide all marital property, WHEREFORE, Plaintiff requests the Court to equitably divide all marital property and to enjoin Plaintiff and Defendant from the removal, disposition, alienation, or encumbering of all real and personal property of the parties, COUNT III - INDIGNITIES GROUNDS FOR DIVORCE 15, Paragraphs 10 through 14 of this Complaint are incorporated herein by reference as though set forth in full. 16, Defendant has offered to the person of the Plaintiff, Plaintiff being the innocent and injured spouse, such indignities as to render Plaintiff s condition intolerable and Plaintiff slife burdensome, WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony and for such other and further relief to which Plaintiff shall be entitled. COUNT IV - ALIMONY AND ALIMONY PENDENTE LITE 17, Paragraphs 15 through 16 of Plaintiff's Complaint are incorporated herein by reference as though set forth in full, 18, Plaintiff is unable to sustain herself during the course of this litigation, WEIGLE. PERKINS & ASSOCIATES ~ ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 19, Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 20, Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage, 21. Plaintiff requests that this petition be heard by the Cumberland County Domestic Relations Office, 22. Plaintiff prays your Honorable Court grant a Rule on Defendant to show cause why an Order should not be made upon him to pay Plaintiff alimony pendente lite, 23, Plaintiff requests the Court to enter an award of Alimony Pendente Lite until final hearing and thereupon to enter an award of Alimony in her favor. WHEREFORE, Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony and for such other and further relief to which Plaintiff shall be entitled, IGLE, PERKINS & ~SSOfI~ a>W~ erry A. Wei e, Esquire Attorney for Plaintiff Attorney ID #01624 126 East King Street Shippensburg, P A 17257 Telephone 717-532-7388 WEIGLE. PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce 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, Dated: I CJ . ;l.. (., . 0 I ~ 7( ?.(~ JUD K, CR, Plaintiff WEIGLE, PERKINS & ASSOCIATES ~ ATTORNEYS AT LAW ~ 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 () 0 0 C -r1 s:: <::> -ocr! C"") mrT1 ...... Z:-.u c...' n :ZC,. C7 ~::~.: "-, ~c; 1.) --, ~c -_.C =- ;.=) ):.'c ~;! Z :;, --j .J:l -< -< .------~- >- ~; I-~ 111(; ~~.~ ~:-= ~:\'; ~-~: , ~ 1.:- (=~: c ~ ;~S l'~j~ ::j >- ,~ en ~J7 '{~h~ :5 o ..::; .,':_- u._ <" l-.-- L) L.;; \:-:::~ \l , ~ 1 l:> '\ ~ "1 ;; ~ .,.. ~ ~ "l '" ~ CO> <:i ..... ~ " '" " .... , ~ '\' 5 ~ ~ ~ '" Z - ~ r- Iooiol :qoc ~ f-or--OC Q..~~-~ =j~~~~ Z .... '" z ""i' <<~~r::-N r~1 rJ:J Z ~ - rri _ >0 _ ~ r-- ~~::.lIl~-- ~z ,,~~ ~,,!;;;ZC > S < '" 0 .. ~...."'z=>< ~ ~ '" ~ < "'...... N Q., - ~ ::.:: -Q.,- == -'" -< 07]"" ~ :. .. i l R- ~ '" I I , o ~ ~ ~ ~ .. I MARK, WEIGLE AND PERKINS, ATTORNEYS AT'LAw 1:16 EAST KING STREET, SHIPPENS8URG, PENNA, In57 TELEPHONE. (7\7) 532-7388 FAX. (7\7) 532-6552 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUDY K. HOCH CIVIL ACTION - LAW Plaintiff, vs. NO. 01-6245 CIVIL PAUL E. HOCH, Defendant. IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEAL TI I OF PENNSYLVANIA SS COUNTY or CUMBERLAND Rhonda R, Wolford, being duly sworn according to law, deposes and says that on Novembcr 9, 2001, a truc and attcsted copy of Notice to Defend and Claim Rights with Complaint in Divorce Under Section 3301(c) or 3301(d) of the Divorce Code attached was scrvcd upon the Defendant. Paul [, Hoch, Manner of service: by mailing the same postage paid. certified mail. addressee only, and return receipt requested, at Shippensburg, Pennsylvania, addressed as follows: 1712 Ritner Highway Shippensburg, PA 17257 cfi~. v1diilz/f RHONDA R. WOLFORD (. Sworn to and subscribed before me this I :3 If-, day of..:r'] Uu€ ", lot'" , 200 l. ") j b' .' Cl ;\-1 r U',A, Notary Public A {(~ ?' [;'- NolanalSeal . Patricia L. Tome, Notary Public Shippensburg BolO. C~mbe~and County My~~~~~~:.x~mesJune 7. 2004 . , ., ", ~ :>~ \ Wl~JGLL. PERKINS t~ ASSOCIATES --- ATTORNEYS AT L.AW -- 126 EAST KING STREET -- SHll'PENSBlJHh, PA 17.',":;,- 1 )') i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUDY K. HOCH CIVIL ACTION - LAW Plaintiff, vs. NO. 01-6245 CIVIL PAUL E. HOCH, Defendant. IN DIVORCE U.S Po CERTI11lcD M,I,1 HE ,;!:.I~ 1 (DomestIc Marl Only No lnslJIance Coverage Plovldcd) PROOF OF SERVICE ;:f' .-'l IT'' Cl Postage $ $.(1,::;;' Certified Fee n:Z::,i IY, ;:-J....j) -'" - ["- Retum Receipt Fee C (Endorsement Requll'8d) C RestrIcted DeliVery Fee C) (Endorsement Required) _'_a.... $ 'f.~.i..' 'H,,_~,i ll/Ul/l0U1. Cl nJ ru Hame {Pi.... Print eIM,ly} (To be DOmpl.teci by malleT) rn .ili.u'L~:..HO.!;..b.m........m..m...m..m..m.m_.....mmm_.... IT" SfrNt, Apt. No.; or PO Box NH h ~ J/J.~-i;;t-.~~r...""'.!~'Pf\Q..~";'1'~'5"''''''''''''''-''''''''' . Complete Hems 1, 2, and 3, Also complete Item 4 ff Reotrlcted Delivery Is _, . Print your nllmtl and eddresa on the reverse so that we can return the card to you, . Attach this card to the back 01 the mailplece. or on the front ff space permits, 1, ArticleAddreoaedto: o Agent 0_ DYes ONe ow' thul F Hoc'"' . l'll-:l Rr\-ner )-\'<jhUllly ~\p(lel\!.bu.f') "R I '"\~5') 3, ~Ice 1YPe )l'l CertIfied MoD 0 Express Mall o Aoglstenld 'JI[ Return Aecelpl lor Merohand!se o Insured Mall 0 0,0,0, 4, Aostrlelect Delivery? (EJdra Fee) Yes 2, -.....~__low ~O-Of}O,.,..Oql~~ PS Farm 381 . July ,_ __1IoIum FIocoIpt r.... WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 () 0 0 c: 'T1 S': :z: ':;j "co C) ~':. TI mrn <: ;I1F Z:n ..nm 655.; Ul oS? ~Z ~~C~ KO ". :r::::fi ~g ::l1: (,20 9 OITl ~ 0;.) ~ Ul -< JUDY K. HOCH, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE PAUL E. HOCH, Defendant/Respondent NO. 2001-6245 CIVIL TERM IN DIVORCE DR# 31372 PacseS# 897104150 ORDER OF COURT AND NOW, this 10th day of January, 2002, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before RJ. Shaddav on Febr"a,. 13. 2002 for a conference, at 13 N, Hanover St., Carlisle, P A 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered, YOU are further ordered to bring to the conference: (I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order. completed as required by Rule 19IO,l1iIJ (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E, Hoffer, President Judge Mail copies on 1-10-02 to: Petitioner < Respondent Jerry Weigle, Esquire ~1-.;JL~ R J, Shadday, Conference Officer Date of Order: January 10, 2002 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VB, CARLISLE, PENNSYLVANJA 17013 (717) 249-3166 V1N\f^lASNN3d }J.NnOO m,'f1l:F18\^lnQ I S :S ~!d I I NVrzO AU'/lO,\'",ilC,'i ::10 ~~8\j:!O"{j3-1!:l JUDY K. HOCH, PlaintifflPetitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE PAUL E. HOCH, Defendant/Respondent NO, 2001-6245 CIVIL TERM IN DIVORCE DR# 31372 PacseS# 897104150 ORDER OF COURT NOTICE OF RESCHEDULED CONFERENCE AND NOW, this 30th day of January, 2002, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J, Shaddav on Feb,uaIV 22. 2002 at 10:30 A.M. for a conference, at 13 N, Hanover St., Carlisle, P A 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered, Note: This date replaces 2-13-02. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910,l1!Q (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E, Hoffer, President Judge Date of Order: January 30, 2002 / . "-~ R, Shadday, Conference Office7,/ YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE ANl1 REPRESENT YOU. 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 MAY GET LEGAL HELP. Petitioner < Respondent Jerry Weigle, Esquire Mail copies on 1-30-02 to: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE, CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 g 0 0 N ""-q -olE '- "'--1 J:>o ~T;?1 ~a:: 2:: _u Zr-- (,.,) .,--rm ClJ .1'''' '~.O ::< ...: ": I ~c.:' "'0 "::ic) J:-~ ~ ;~~ :zQ "!-c'') ;i>c, ~ OfT'1 c: ~ '-j en 53 ~ -< DR 31372 PACSES ID 897104150 vs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION CIVIL ACTION - LAW JUDY K. HOCH, Plaintiff/Petitioner PAUL E. HOCH, Defendant/Respondent NO, 2001-6245 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of February, 2002, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $N/A and Respondent's monthly net income/earning capacity is $N/ A, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $400,00 per month payable monthly as follows; $400,00 per month for alimony pendente lite and $0,00 on arrears, First payment due within five days and thereafter on or before the 20th day of each month, Arrears set at $800,00 as of February 22, 2002, The effective date of the order is January 2, 2002, This is a temporary APL Order as offered by Husband until further financial information is received by the Domestic Relations Section, Husband is to provide the 1999 and 2000 partnership return to the Domestic Relations Section on or before March I, 2002, The 2001 partnership return is to be filed by March I, 2002 and a copy of that return is to be submitted within five days upon its completion and filing, Husband is to make a direct payment in the amount of$800,OO to Wife within the next five days, Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa,C,S,~ 3703, Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months, Said money to be turned over by the P A SCDU to: Judy K. Hoch, Payments must be made by check or money order, All checks and money orders must be made payable to PA SCDU and mailed to: P A SCDU P,O, Box 69110 Harrisburg, P A 17106-911 0 \i1r\J'';I;Q;\SNN3d .I.U'Jnn") rl~"'nlj:iQIAlr()') '... nj,_., \, ". "'d,..,.,../V IV 2U :'7 22 83j;:0 ),,~jVJ( :.!J Payments must include the defendant's P ACSES Member Number or Social Security Number in order to be processed, Do not send cash by mail. Unreimbursed medical expenses that exceed $250,00 annually are to be paid 50% by the respondent and 50% by petitioner. The petitioner is responsible to pay the first $250,00 annually in unreimbursed medical expenses, Respondent to provide medical insurance coverage, Within thirty (30) days after the entry of this order, the Respondent shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made, Proof of coverage shall consist, at a minimum, of: 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms, This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court, DRO: R, J, Shadday Mailed copies on 2-22-02 to: < BY THE COURT, Petitioner Respondent Jerry Weigle, Esquire 1. JUDY K. BOCH, PLAINTIFF vs Case No, 01-6245 CIVIL IN DIVORCE PAUL E. BOCH. DEFENDANT Statement ofIntention to Proceed To the Court: September 27, 2005 Judy K. Boch, Plaintiff, l Print Name Jerry A. Weigle, EsquirCSign Name" Date: Attorney for Plaintiff Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230( d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. Ifthe petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. ,...., = = ~"J (/) r"q -a ~) en o -.-, :t 111~ "rn ..".'..')0 -U-, ;E~ 2rn ~~ <:J:) :...:: ""~ :J.~~ .r.-