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HomeMy WebLinkAbout08-6403JOHN R. NEYER, JR., Plaintiff, vs. JULIE A. BOCKES, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-(v?o3 l.:ivi CIVIL ACTION - LAW IN DIVORCE N O T I C E 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 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 Domestic Relations Office, 13 North Hanover Street, 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 JOHN R. NEYER, JR., Plaintiff, vs. JULIE A. BOCKES, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ?- ( `f63 C, ( -fury CIVIL ACTION - LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with § 3302(d) of the Divorce Code, you may request 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 17013. 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. KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibearn0koaelaw.com Attorney for Plaintiff JOHN R. NEYER, JR., IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 6,9,- 44'©3 (yc? -T-t JULIE A. BOCKES, CIVIL ACTION - LAW Defendant. IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, JOHN R. NEYER, JR., by and through his attorney, LESLEY J. BEAM, ESQ., and makes the following Complaint in Divorce: 1. The Plaintiff is JOHN R. NEYER, JR., an adult individual who currently resides at 121 Market Street, New Cumberland, Cumberland County, Pennsylvania 17070. All legal papers may be served on Plaintiff through his attorney at 4660 Trindle Road, Suite 201, Camp Hill, Pennsylvania 17011. 2. The Defendant is JULIE A. BOCKES, an adult individual whose believed address is 1237 Green Oak Road, Apt. 15, Vista, California 92081. Plaintiff has received no communication from Defendant since 2001. Plaintiff does not know if Defendant has an employer. As Plaintiff pays support to Defendant through Domestic Relations, Plaintiff is aware that Domestic Relations maintains a current address for Defendant and intends to subpoena such for service purposes. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. At the time of separation, Defendant also resided in the Commonwealth of Pennsylvania. 4. The Plaintiff and Defendant were married on August 5, 2001 in Camp Hill, Cumberland County, Pennsylvania. 5. The Parties separated fifteen days later, on August 20, 2001, when Defendant moved out of the home, took the parties' child, and left no forwarding address. Plaintiff learned that she moved to California in 2002, and has had no contact from Defendant since she abandoned Plaintiff. 6. Neither the Plaintiff nor Defendant is in the military service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction to Plaintiff's knowledge. 8. Plaintiff has been advised of the availability of marriage counseling and the right to request that the Court require the parties to participate in counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated by reference as though fully set forth herein. 10. The marriage of the parties is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after (90) ninety days have elapsed from the date of service of this Complaint, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to § 3301(c) of the Divorce Code. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(d) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated by reference as though fully set forth herein. 12. The marriage of the parties is irretrievably broken. 13. The parties are living separate and apart, and have lived apart for at least two (2) years as specified in § 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to § 3301(d) of the Divorce Code. Respectfully Submitted, KOPE $/ SOCIeESy LLC Dated: 1 n o?-g 6#4 J. am, VERIFICATION I, John R. Neyer, Jr., the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Dated: ?6 - TI R' Ul rrx - ?i D ra r ?? r KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(a-kopelaw.com JOHN R. NEYER, JR., Plaintiff, vs. JULIE A. BOCKES, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. D8 - lo4o3 Civil ler*h CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. 1 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. 1 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: 10 /a I I C'7 rv cz.l ._ . y c KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibearn0kouelaw.com JOHN R. NEYER, JR., Plaintiff, vs. JULIE A. BOCKES, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. d8 (,x{03 CIVIL ACTION - LAW IN DIVORCE 0,1V< < lerM NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on August 20, 2001 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 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. 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: f • / 0 C=) ?- ? rrs -73 1 If Q KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(Mkopelaw.com Attorney for Plaintiff JOHN R. NEYER, JR., IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. aa)9 --(F<1D3 JULIE A. BOCKES, CIVIL ACTION - LAW Defendant. IN DIVORCE ACCEPTANCE OF SERVICE I, Gregory S. Hazlett, Esquire, counsel for Julie A. Bockes, Defendant in the above-captioned matter, hereby accepts service of the Complaint in Divorce, and Affidavit under § 3301(d) of the Divorce Code. Gr S. Hazl , Esquire Date KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(c-koaelaw.com JOHN R. NEYER, JR., Plaintiff, vs. JULIE A. BOCKES, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08 - (o4o3 (2-, V 4 l I&,(1h CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. 1 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. 1 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: Fi f SV ?' s rr c .. LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com JOHN R. NEYER, JR., Plaintiff, VS. JULIE A. BOCKES, Defendant. Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ?7 -fe ya3 : CIVIL ACTION - LAW IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE TO: JULIE A. BOCKES Defendant JOHN R. NEYER, JR., Plaintiff, intends to file with the Court the attached Praecipe to Transmit Record on or after March 16, 2009 requesting that a final decree in divorce be entered. R `Lest eam, Esquire Attor a ID No. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeama-kopelaw.com Attorney for Plaintiff CD i? --4 _?i JOHN R. NEYER, JR. vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JULIE A. BOCKES : NO. 2008-6403 CIVIL TERM 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: 3301 (d) (1) of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: The Complaint was served on 11/27/08 when the attorney for the Defendant signed an 3. Complete either paragraph (a) or (b). Acceptance of Service a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: by plaintiff_ ; by defendant b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: 10/21/2008 (2) Date of filing and service of the plaintiff's affidavit upon the respondent: Filed: 10/29/08 Served: 11/27/08 4. Related claims pending: None 5. Complete either (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: Mailed to Attorney Gregory Hazlet b. Date of plaintiff's Waiver of Noticeo m 50r (c bl'vorce'was M ed9v ith the Prothonotary: Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the Prothonotary: , f / A Atto f r P ainti efendant C'? - <=; '7 r `?' ?"i -- W-? ?u ?? i`, ?.. l -,' ?, `_ , , __:.? ?-t „^ '„3 John R. Neyer, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Julie A. Bockes NO. 2008-6403 DIVORCE DECREE AND NOW, #4 Gzt- /a -A74 -M 0 4 it is ordered and decreed that John R. Neyer, Jr. , plaintiff, and Julie A. Bockes , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None the Court, Attest: J. othonotary -4??t -7-he 410; /, & -he