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HomeMy WebLinkAbout04-1948 II vs. KRISTEN A. HOGARTH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2004 - f qL{ ~ CIVIL : IN DIVORCE JOSEPH N. HOGARTH, Plaintiff 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 action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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. 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 Telephone: (717) 249-3166 _._.J 'il JOSEPH N. HOGARTH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2004 - /q4 ~ CIVIL vs. KRISTEN A. HOGARTH, Defendant : IN DIVORCE COMPLAINT UNDER SECTIONS 3301(C) AND 3301 (D) OF THE DIVORCE CODE 1. Plaintiff is Joseph N. Hogarth, an adult individual who currently resides at 44 Eastwick Avenue, Carlisle, Cumberland County, Pennsylvania 17013-7683. 2. Defendant is Kristen A. Hogarth, an adult individual who currently resides at 5316 Manayunk Road, Apartment B, Harrisburg, Dauphin County, Pennsylvania 17119-6314. 3. Plaintiff and Defendant have been bona fide residents in 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 June 30, 1997 in Lebanon, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the court to enter a decree of divorce. Ii WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. By Respectfully submitted, O'BRIEN, BARIC & SCHERER Jt104h1vv Michael A. Scherer, Esquire Attorney for Plaintiff LD. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 II VERIFICATION 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. S 4904, relating to unsworn falsification to authorities. 1^ Date: .r~~ I y:e-,.... rf ,2004 I \.\.. \ ~\1,1z- Joseph N)'Oga~ ~ "0J'~ <./' c::' (? .--J ~ "-1 --C:. ~ --C... ---. ,..r'\ c. "50 ;::...: () ...., 0 = c = " :;;:: .&- ::Jl: ..-, ];Ie' :r:.,... CI..'~. r: :t.:,,. n1;..= ?- .' -< -r~m /._~ , I ;~?C? u~. w -, ~=' (J r- :-1:J:r:. ~< ~z. ). C" r-~~~ 2~: C') ~ j:.~ c.: en ~~l ~ .,' .r:- ~ ~, r"" ;:r Lt - V' r' C;./] 0' J\ . '. ~ {'. JOSEPH N. HOGARTH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. KRISTEN A. HOGARTH, Defendant :NO. 2004 - 1B48 CIVIL : IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, this the ,~ 'It, day of May, 2004, I, Kristen A. Hogarth, Defendant above, hereby accept service of the Complaint in Divorce filed in the above-captioned case pursuant to Pa. R.C.P. 1930.4(d) and acknowledge receipt of a truEl and attested copy of said Complaint. ~17 f . (,1. Kristen ~ () r-.> C = 0 = ~: .c- -n i: ,~ :?: -{ ~l :i;'-~ ::c -~: nl :JJ .- ""l":)nl W :09 ~() 1: -.... I. . -. ~.~~ -' ~'-'-'; N ..,:C.... .'-1 N :~;! -<. ,-.-:1 .::- ..< '1' v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1948 CIVIL TERM JOSEPH N. HOGARTH, Plaintiff KRISTEN A. HOGARTH, Defendant CIVIL ACTION-LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM IRIGHTS You have been sued in court. If you wish to defend against the claims setforth in the following pages, you must take action within twenty (20) days after this Amended Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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. 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 AGENCIIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar ASisociation 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-.3166 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1948 CIVIL TERM JOSEPH N. HOGARTH, Plaintiff KRISTEN A. HOGARTH, Defendant CIVIL ACTION-LAW IN DIVORCE AMENDED COMPLAINT UNDER SECTIONS 3301(c) AND 33011d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Joseph N. Hogarth, by and through his attorney, Michael A. Scherer, Esquire and files this Amended Complaint to correct the date of marriage which was incorrectly stated in the Complaint filed in this matter on June 30, 1997. 1. Plaintiff is Joseph N. Hogarth, an adult individual who currently resides at 44 Eastwick Avenue, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Kristen A. Hogarth, an adult individual who currently resides at 5316 Manayunk Road, Apartment B, Harrisburg, Dauphin County, Pennsylvania. 3. Plaintiff and Defendant have been bona fidle residents in 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 June 28, 1997 in Lebanon, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. .1 7. The Plaintiff has been advised of the availabillity of counseling and that he may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~~ Michael A. Scherer, Esquire Attorney for Plaintiff I.D. # 61974 19 West South Street Carlisle, Pennsyllvania 17013 (717) 249-6873 mas.dir/domestic/hogarth/amendedcomplaint.pld .1 VERIFICATION I verify that the statements made in this Amended Complslint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date: ~4 oc-. , ~~ ,~ C'i , Z -~ .< ......, gg 0 .J&.- -n '- c- r= N U) :[1, m::D f- ="')'6111 ..\ C){ :T~ ::}"j Cl-.a "~::;. () csrn ::;~ :'.1J -< -u ::t: r;-? C> JOSEPH N. HOGARTH, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA o'1-lll'-{<) NO. ~- 1948 CIVIL TERM KRISTEN A. HOGARTH, Defendant IN DIVORCE AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. 3, 2004. A complaint in divorce under Section 3301 (C) ofthe Divorce Code was filed on May 2. The marriage of the Plaintiff and Defendant is im~trievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. 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. 5. 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. 6. I have been advised of the availability of marriagE~ counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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 1 a: Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: / ~ /II P'1 "'" c~:) ::::;~ ~~ .. Cl C-) -: I.;:? -.j JOSEPH N. HOGARTH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2004 -1948 CIVIL TERM KRISTEN A HOGARTH, Defendant IN DIVORCE AFFIDAVIT OF CONSENT WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE 1, 3, 2004. 2. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on May I acknowledge receipt and acceptance of service of the complaint on May 10,2004. 3. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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. Section 4904 relating to unsworn falsification to authorities. Date: ill z. -z./ 0 'f .~ I}~ L ~I ~ .. 1- risten A. Hogarth ------- \-...) ~ , (i ,.. ~::::.-' - JOSEPH N. HOGARTH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KRISTEN A. HOGARTH, Defendant NO.20C4-1948 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: irretrievable breakdown under Section 3301 (C) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant signed an Acceptance of Service on May 10, 2004. 3. (complete either paragraph (a) or (b).) A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff on October 6, 2004; and Defendant on November 22, 2004. B. (1) date of execution of the Plaintiffs Affidavit required by Section 3301 (d) of the Divorce Code: N/A (2) date of service of the Plaintiffs Affidavit upon the Defendant: N/A 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301 (d)(1)(i) of the Divorce Code: None. Respectfully submitted, #1thtr/J:v Michael A. Scherer, Esquire ,- '., G':' THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE VERSUS KRISTEN A. HOGARTH Defendant DECREE IN DIVORCE AND NOW, '" ~ 36 JOSEPH N. HOGARTH DECREED THAT KRISTEN A. HOGARTH AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. ;;r 3:00ttll. ~~ , IT IS ORDERED AND _' PLAINTIFF, , DEFENDANT, BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT ATTEST~ . J C wrt.~ PCOnOO"OT^C' .. . . . . . . . . . . . . . . . . .. . . . '. . . . . . . . . '. . . '. . . . . '. '. 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