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HomeMy WebLinkAbout05-2012 DENISE D. HOCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW WILLIAM K. HOCH, Defendant NO.05~,;oI;l.Civil Term 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 t e following pages, you must take prompt action. You are warned that if you fail to do so, th case may proceed without you and a decree of divorce or annulment may be entered against yo by the court. A judgment may also be entered against you for any other claim or relief requested . these papers by the plaintiff. You may lose money or property or other rights important to ou, including custody or visitation of your children. When the ground for the divorce is indi 'ties or irretrievable breakdown of the marriage, you may request marriage counseling. A list 0 marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPE TV, 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 NO HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELO THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE 0 FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 717-249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common PIeas of Cumberland County is required by law to comp1 with the Americans with Disabilities Act of 1990. For information about accessible facilities d reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any aring or business before the court. You must attend the scheduled conference or hearing. DENISE D. HOCH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 05 ~ .;z.pl.J- NO. Civil Term WILLIAM K. HOCH, Defendant IN DIVORCE COMPLAINT AND NOW COMES the above-named PIaintiff, by her attorney, Susan 1. Hartm , Esquire, and makes the following Complaint in Divorce: I. Plaintiff, DENISE D. HOCH, is an adult individual eurrentIy residing at 2 2 Pine Road, Newville, PA, 17241, Cumberland County, Pennsylvania 17013. 2. Defendant, WILLIAM K. HOCH, is an aduIt individual currently residing 2255 Pine Road, Newville, PA, 17241, Cumberland County, Pennsylvania 17013. 3. Both Plaintiff and Defendant have been bona fide residents in the Commo ealth of Pennsylvania for at least six months immediateIy previous to the filing of this Complai t. 4. The Plaintiff and Defendant were married on August 2, 1980 in Walnut B Cumberland County, P A. 5. A prior action in divorce alleging irretrievable breakdown was filed in Jun , 1999, in Cumberland County, Pennsylvania, docketed to 99-3014 Civil Term. It was purged fro the list due to inactivity. 6. PIaintiff avers the marriage between the parties is irretrievably broken. 7. PIaintiff has been advised that counseling is available and that Plaintiff m y have the right to request that the court require the parties to participate in counseling. 8. America. Defendant herein is not a member of the armed forces of the United State of WHEREFORE, Plaintiff prays this HonorabIe Court enter a decree dissolving the marriage between the parties. Respectfully Submitted, -<<J c; usan J. Hartman quO e Attorney for Plaintiff Duncan & Hartman, P.C. 1 Irvine Row Carlisle, PA 17013 (717)249-7780 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. sec. 4904, relating to unsworn falsification to authorities. ~)~BtJ~ DENISE D. HOCH -- Date: 4 - ~ -a~ DENISE D. HOCH Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW WILLIAM K. HOCH, Defendant NO. Civil Term : IN DIVORCE 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 on the state ents will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE I. The parties to this action separated in June 1999 and have continued to live se te and apart for a period of a least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, I fee or expenses if! do not claim them before a divorce is granted. I verify that the statements made in this affidavit are trne and correct. I understan false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to falsification to authorities. Date: 4 - 7f - 06 B PlaintifflDefcflBant DENISE D. HOCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW WILLIAM K. HOCH, Defendant : NO. Civil Term IN DIVORCE AFFIDAVIT DENISE D. HOCH, Plaintiff, being duly sworn according to law, deposes and says I. I have been advised of the availability of marriage counseling and unders d that I may request that the Court require my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the D mestic Relations Office, which list is available to me upon request. 3. Being so advised, I (ge1DO NOT) request that the Court require that my souse and I participate in counseling prior to a divorce decree being handed down by the Court. 4. I realize that if the divorce is brought under section 330l(c) of the Divorc then counseling must be completed within ninety days after the fiIing of the compIaint. I divorce is brought under section 330l(d) of the Divorce Code, then counseling must be eompleted within one hundred and twenty days after the filing of the complaint. I understand that false statements herein are made subject to the penalties off 18 Pa.C.S.4904 relating to unsworn falsification to authorities. .[; DENISE D. HOCH ~ DENISE D. HOCH, Plaintiff IN 'THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW WILLIAM K. HOCH, Defendant NO.' . Civil Term IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court f Common Pleas of Cumberland County. This notice is to advise you that in accordance w' h section 3301(c) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. list of professional marriage counselors is available at the Domestic Relation Office, 13 Nort Hanover Street, CarIisle, Pennsylvania. You are advised that this list is kept as a conveni you and you are not bound to choose a counselor from the list. All necessary arrangeme the cost off counseling sessions are to be born by you and your spouse. If you desire to pursue counseIing you must make your request for counseling wi n twenty (20) days ofthe date on which you receive this notice. Failure to do so will cons tute a waiver of your right to request counseling. Prothonotary ~ ~ \):> o ~ ...c:.. o ~ -. V'\ o ~ ---- ~ <:::::> , VI o ~ ~ -~ ,- -:> "" C} n c:.; '" c:;:. c::;. C:..n ;t.:.- -u ::-..;c, \.0 -"', ~-,:" ~.~~ f.,,? f',) ~- o -n --i H~F ITi "") ~ I () --T, ~'~-~ ('("j DENISE D. HOCH, PIaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW WILLIAM K. HOCH Defendant NO. 2005-2012 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. Grounds for divorce: irretrievable breakdown under Section 3301 I (d)(1 ) of the Divorce Code. 2. Date and manner of service of the complaint: U.S. Mail, certified, return receipt requested, mailed May 4,2005, receipt dated May 6, 2005. See attached affidavit of service. 3. B.(1) Date of Execution of the plaintiff;s affidavit required by Section 3301(d) of the Divorce Code: December 1,2005. (2) Date of Service of the plaintiff's affidavit upon the defendant: June 3, 2005. 4. Related claims pending: none 5. Indicate date and manner ofserviee of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)( 1 )(1) of the Divorce Code: See attached waiver of notice of intention usan J. Hart I Irvine Row Carlisle, P A 17 717-249-7780 / ,. :;:~~ () c_:; -n ,:.:;-" ,- :':-"" :~;~ ..,.~" .""'.. (....:; -"";: (..) DENISE D. HOCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW WILLIAM K. HOCH, Defendant NO.C>5-~OI;lCivil Term IN DIVORCE COUNTER-AFFIDAVIT UNDER ~ 3301 (d) OF THE DIVORCE CODE I. Cheek either (a) or (b): ,~),t,]-\ ..Ica) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree beeause (Check (1), (ii), or both): (1) The parties to this action have not lived separate and apart for a period of at Ieast two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): / (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. !AI (+1 .. (b) I wish to claim economic relief which may include alimony, division or property, lawyer's feed or expenses or other important rights. I understand that in addition to checking (b) above, I must also fiIe all of my economic claims with the prothonotarY in writing and serve them on the other party. IfI fail to do so before the date set forth on the Notice ofIntention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verifY that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. !i 4904, reIating to unsworn falsification to authorities. Date: ])e c / )006 w~ {[~ Plfuatiff/Defendant ---- --- NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. o c ,...., c~~;, <.:.~..;:.) (~-, o ., :~-..-; r~l <-- ~;:: "J:- Z~:: L,) c.,.:' --_.._._-~..<...~.._---_._-_.. , DENISE D. HOCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW WILLIAM K. HOCH Defendant NO. 2005-20] 2 IN DIVORCE AFFIDAVIT OF SERVICE I, Susan J. Hartman, Esquire, being duly sworn according to law, do swear that I served a Complaint in Divorce on the Defendant, William K. Hoch, by mailing a true copy to the Defendant, postage prepaid, certified mail, return receipt requested, on May 4, 2005, to the following address: William K. Hoch 2255 Pine Road Newville, PA 17241 Sworn to and subscribed before me this 3,d day of January, 2006. .ct C4~ No ublic NOTARIAL SEAL Kathy L. Mummert, Notary Public Borough of Carlisle, Cumberland Co., PA My Commission Expir~s Aug. 11, 2007 EAL Notary Public berland Co., PA \ - . . . . .. L~ .:_' ... ......... .... ; ~;;i;.,~;~;.;;~;,,':;~;:f~4~:ultl~4f~.;: ~.">\ HEllY!L\1f:' flf'17~U'.. : ..". "', "',. "., "cc._.. ....' ~ ,._----';;::.--"..:..:-~- .....::::.--~~~::....~:...~ _.~--,----_. '" postage $ .0.60 .' ..-, :-::'j.:-7_',:' -IT.3l)'-----;-. . 001, . 8 Certll\ed Fee . ~':'. ,)J;.'-l'/J!$n_ark CJ Return Reclepl Fee n:l5'",.? - ,/ _ ~'< a (Endorsement Required) /-' '. j /:'....'1\> CJ Res lrlcted Delivery Fee "13":,50 r-,../' I ' . ,.,0t::r>,\~' ~:, r'l (Endorfiemen\ Requ\red) I i, .Jt. (~ =r 1---- ", .d511l~1200 I n.J T()te.\rostage&.Fees~~\ \1:.~ "1?Jt ~~,j__ ~ SentTo '~r ~~,-,,,~~/,,~~~,.~<:_,,-:I'" l ~ Sfreef.'APf~O:;-...~.!_J__I~e-_~_..:- -~:.~.~..,~ ",;;~~_~~,u.'-;;'7/'--.u..n o,pO Box No. 0101 5 5 i?~..0_~...g2,,~:'.-..-.n..n.... cilY;-S;aie;ziP+4n-"N~-;::;'~;'''-'' e ? A J7.;l </ ( SENDER: COMPLETE THIS SECTION . . . . . Complete items 1 , 2, and 3. Also complete item 4 if Restricted Delivery is desired; . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space pennrts. AX Si~nat t&..' .. 0 Agent Addressee B. eceived by (Printed Name C. Date of Delivery ',... ~-C "Vr:- D. Is delivBl)' address different from Item 1? 0 Yes If YES, enter delivery address below: 0 No 1. Article-Addressed to: W:l\\"-VV"\ ~oc:."-1 ~ CI 55'?, VIe Roa.cl NeI..<..Jl/; II~\ '?A l"ldyl ffflliVflr to ~I.-I'f ,. ,.u,.lessee Onli 3; Service Type )s("Certffied Mail 0 Express Mall o ~egistered 0 Return Receipt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) )(ves 2. Article Number (Transfer from service label) PS Form 3811 , August 2001 7002 2410 0007 8509 6209 Domestic Return Receipt 102595-02-M-154D ('" rO () ., c:,') C c:::J -n ,:;..:, (. .,' ..' ""-,' j ~....:' ".. ,~ + + + + + + + + + + + + + + , + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +. '.- --, ~++++++++++++~:+++++++ ++. +:'Ii + " + + " + + + + + " + " + + " + + + + + " + + + + + " + " + + + + + + + + + " + + + + . <+ + + +++++++++.+++++++++++.++ +;+;+.+:+: ++++++.;f.+.++++++ ++.+++++++++++ :+. 'O':+. +. +++++++:+ + + " + + + + + + + + + + + + + " + + + + + + + + + + + " + + + + + + + + + " + + + " + " " + + + + + IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. DENISE D. HOCH Plaint if f No. 2005 -2012 VERSUS WILLIAM K. HOCH Defendant DECREE IN DIVORCE AND NOW, 1tL..,^- ~ , ~L, IT IS ORDERED AND Iz.-r DECREED THAT Denise D. Hoch , PLAINTIFF, AND William K. Hoch , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; NONE QUA ;i PROTHONOTARY + +. +. +. +.:+: +. + +. +. +. ++ +++'l' +:+:++++++ +++++'+'+++ +. ++ + +. ++ + 'f +. 'f+ +. +. +. +' + + ++ J. " + " + + + " " " + + + + + + . + + . " + " + " + + " + + " + + + + . + + " + + " + " + + + + + + + ,~ '/ /I,.J J' f",;;J",;"7/ ,:'7;1::")'"' f;;.;:?'7? ''?If'';Ji/tf M. I r~ ' V_~1/)f. {L--' /~ r 'jI .; ... , . Jv7 LI,/ ,'lt1'U'/ ./-------