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Home My WebLink About00-00554 KIMBERLY K. ESHELMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2000- !:>5Y CIVIL T;u--- VS. LEROY C. ESHELMAN, Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIQHTS 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 cl~im 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 availablejn the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF I YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR II TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN iI GET LEGAL HELP. Ii II II Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 KIMBERLY K. ESHELMAN, Plaintiff LEROY C. ESHELMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000- 5'5-<1 CIVIL" MA-- IN DIVORCE VS. COMPLAINT UNDER SECTIONS 3301(C) AND 3301 (D) OF THE DIVORCE CODE 1. Plaintiff is Kimberly E. Eshelman, an adult individual who currently resides at 1238 Pine Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Leroy C. Eshelman, an adult individual who currently resides at 1238 Pine Road, Carlisle, Cumberland County, Pennsylvania. 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 August 25, 1985, in Cumberland County, Pennsylvania. COUNT I - DIVORCE Plaintiff hereby incorporates by reference averments 1 through 4 as if each averment were set forth fully hereunder. 5, There have been no prior actions of divorce or for annulment between the parties as to their current marriage. 6. Neither Plaintiff nor Defendant is in the Armed Forces of the United States. i 7. Plaintiff avers that the marriage between the parties is irretrievably broken. Further, the parties have been separated since May, 1996, a period in excess of two years. 8. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in counseling. 9. Plaintiff avers in the alternative that Defendant, in violation of his marriage vows and of the Laws of the Commonwealth of Pennsylvania, has offered such indignities to the person of the Plaintiff, his injured and innocent spouse, as to render the condition of the Plaintiff intolerable and life burdensome. 10. This action is not collusive. COUNT II - DIVISION OF PROPERTY Plaintiff hereby incorporates by reference all of the averments contained in Count I of this Complaint. 11. The parties have acquired real estate during the course of their marriage located at 1238 Pine Road, Carlisle, Pa. 12. The parties have acquired home furnishings, motor vehicles, bank accounts, and miscellaneous items of personal property. 13. The aforesaid items are marital property and the Plaintiff requests that they be equitably divided. COUNT III - ALIMONY AND COSTS 14. Plaintiff requests alimony, alimony pendente lite, costs and counsel fees. WHEREFORE, Plaintiff prays that a decree be entered in favor of the Plaintiff and against the Defendant as follows: a) That a decree in divorce be entered; b) That the herein described marital property owned by the Plaintiff and Defendant be distributed according to law; c) Such other additional relief as the Court deems necessary. Respectfully submitted, O'BRIEN, BARIC & SCHERER BY:~~~ Robert L. O'Brien, Esquire Attorney for Plaintiff 17 West South Street Carlisle, PA 17013 (717) 249-6873 Date: ..i\ 2?( 00 I I verify that the statements made in this Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. ~~~K~~ KIMBERLY K. ESHELMAN Date: 1-2&rO() Ii ! " ~ , o ~ '" :z tll t;: ~ 6 C':I :B .. (") '" c:: ('> ::c ~ :e ~~ '" ~ ~ l..J "- ~. '- '" 0... C( "I ~ , ' v, ~ , t::' ' g C/o c'd G.l ~ \~ t .... ~ '- r " ~ t '-l o c~ C) ;? C) if ; '-_ 1"'-.) Z .. ~ W \0 " l ~ C) -;'j :1,;'" ",,- ----1 ~7 (,-~ ~~~ ~:) {;~>l~ ~1 :J:J -< KIMBERLY K. ESHELMAN, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-554 CIVIL TERM LEROY C. ESHELMAN, 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. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on January 31, 2000. 2. Defendant acknowledged receipt and accepted service of the Complaint on February 4, 2000. 3. The marriage of the Plaintiff and 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 uRtil 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: 6/1/06 !: -- .~ L"? () (',:) ~" s: "- ""'Om :- 9;1'" ::JJ ~ .-. 2:1--' ;~j CO E. 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