Loading...
HomeMy WebLinkAbout02-5669JEFF L. WALTERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. : NO. LANETA EICKELBERGER, Defendant : IN DIVORCE NOTICE 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 the Cumberland County Court House, High and Hanover Streets, Carlisle. 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, PA 17013 Phone: (717) 249-3166 JEFF L. WALTERS. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. : NO. 6,7 LANETA EICKELBERGER, Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Jeff Walters, who currently resides at 32 Center Street, Cumberland County, Mt. Holly Springs, Pennsylvania since January 2000. 2. Defendant is Laneta Eickelberger, who is believed to be incarcerated at the Cumberland County Prison, Carlisle, Pennsylvania. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married in March of 2001, in Mt. Holly Springs, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff 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 in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. By. ?.?- - Karl E. Rominger, Esquire Attorney for Plaintiff 155 South Hanover Street Carlisle, PA 17013 Supreme Court I.D. 481924 (717) 241-6070 JEFF L. WALTERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. LANETA EICKELBERGER, Defendant CIVIL ACTION - LAW NO. IN DIVORCE 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. § 4904, relating to unworn falsification to authorities. Date: 41 "'? "Z?? L. Walters, Plaintiff V Ri 4J Q -t c [J; ?= w rv I#t J G? I G1 C JEFF L. WALTERS, : IN THE COURTOF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. LANETA EICKELBERGER, Defendant CIVIL ACTION - LAW NO. 02-5669 IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) AND NOW, this day of, 2003, I, Karl E. Rominger, Esquire, attorney for Jeff L. Walters, Plaintiff, in the above-captioned action, hereby swear that a Private Process Server has served a true copy of the Divorce Complaint, executed by the Plaintiff in the above-captioned matter, upon the Defendant personally, by hand delivery, at 65 W. Big Spring Avenue, Newville, Pennsylvania on July 11, 2003. The original Affidavit of Service is attached as Exhibit "A". Dated: By' Da `r Karl E. Rominger, Esquire Attorney for Plaintiff 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 I.D. # 81924 n o c; (10 AFFIDAVIT OF SERVICE, Commonwealth of Pennsylvania County of Cumberland Common Pleas Court Case Number: 02-5669 Plaintiff: Jeff L. Walters VS. Defendant: Laneta Eickelberger For: Karl Rominger Rominger & Bayley Law offices Received by ROMINGER LEGAL on the 3rd day of July, 2003 at 10:06 am to be served on Lariats Eickleberger Walters :65 W. Big Spring Ave. APt#4, Newvllle, PA 17055. I, being duly sworn, depose and say that on the // 70' day of 20g, at _ T:jfiLtgm., executed service by delivering a true copy of the Notice (Divorce), Complaint Under Section 3301(c) of the Divorce Code in accordance with state statutes in the manner marked below: 7?1fGDIVIDUAL SERVICE: Served the within-named person. () SUBSTITUTE SERVICE: By serving as () POSTED SERVICE: After attempting service on at _ and on at _ to a conspicuous place on the property described herein. () NON SERVICE: For the reason detailed in the Comments below. Military Status: ( ) Yes or (?4o If yes, what branch? Marital Status: 1,Married or ( ) Single Name of Spouse COMMENTS: I certify that I have no interest in the above action, am of legal age and have proper authority in the jurisdiction in which this service was made. Subsc be and Sworn to before me on the /r'(day of p?OD3 by the affiant who is - it) 114 personally Known me. NOTARY PUBLIC came Bao• LL'll:ieinYNr CpUf sim Expre!: -ik3W 23.: NCdtms ----_??v? PROCESS SERVER # Appointed in accordance with State Statutes ROMINGER LEGAL 155 S. Hanover St. III . Box 1146 isle, PA 7013 )960-9260 Job Serial Number: 2003000164 DamW" Services, he- Process Servers Toolbox V5.5f G CD ca 0 -^ v g'. c r ? c: .. to JEFF L. WALTERS, Plaintiff V. LANETA EICKELBERGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5669 : IN DIVORCE Petition for Service of Divorce Publication AND NOW, comes Jeff Walters, by and through privately retained counsel Karl E. Rominger, Esquire, and requests that this Honorable Court allow him to serve his Divorce by Publication and in support there of avers as follows: 1. The complaint in divorce was filed on July 14, 2003. 2. On November 27, 2002 counsel for Plaintiff sent Defendant a certified copy of the Divorce Complaint along with an acceptance of service, to her address a the Cumberland County Prison. 3. The acceptance of service was never signed or returned to Plaintiff's counsel. 4. Counsel for Plaintiff did receive the green card back from the prison verifying the Divorce Complaint was received there. 5. On April 9, 2003 Counsel for Plaintiff sent another acceptance of service letter, and Counsel for Plaintiff also sent an affidavit of consent and a waiver of notice in order to finalize this divorce. 6. The second acceptance of service, the affidavit of consent and a waiver of notice were never signed or returned to Counsel for Plaintiff s office. Defendant has refused to make here whereabouts known. Defendant once tried to have Plaintiff killed, and that is why she was imprisoned. 7. Plaintiff would propose publishing legal notice in Cumberland County's Official newspaper. 8. Plaintiff would then ask that this Honorable Court consider that such service be adequate for purpose of allowing the divorce to move forward. WHEREFORE, Plaintiff requests that this Court allow service by publication as requested above. 1- / y- as Respectfully Submitted, Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff JEFF L. WALTERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. : NO. 02-5669 LANETA EICKELBERGER, : Defendant : IN DIVORCE VERIFICATION KARL E. ROMINGER, ESQUIRE, states that he is attorney for, Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C. S. Pa. C. S. §4904, relating to unsworn falsification to authorities. ?7-1- Karl E. Rominger, Esquire Attorney for Plaintiff C = P l f' } CJ JEFF L. WALTERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW LANETA EICKELBERGER, Defendant : NO. 02-5669 CIVIL TERM ORDER OF COURT AND NOW, this 26 h day of January, 2005, upon consideration of Plaintiff's "Petition for Service of Divorce Publication," the petition is granted to the extent that Plaintiff is authorized to effectuate service of original process upon Defendant by publication once in the Cumberland Law Journal and. in a newspaper of general circulation in Cumberland County and by regular mail to Defendant at her last known address, service to be deemed complete upon mailing. BY THE COURT, ,-Purl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff :rc :01 LZ f -M .!-M i JEFF L. WALTERS, IN THE COURT OF COMMOIN PLEAS OF Plaintiff CUMBERLAND COUNTY, P NNSYLVANIA v. LANETA EICKELBERGER, Defendant CIVIL ACTION-LAW NO. 02-5669 CIVIL TERM IN DIVORCE MOTION TO FINALIZE DIVORCE NOW COMES, Jeff L. Walters, by and through his counsel, 1 Esquire, and asks this Court enter a Divorce in the above captioned of his Petition avers as follows: 1. Petitioner filed for a Divorce on November 25, 2002. 2. Your Petitioner obtained permission in front of the of said divorce by publication. 3. Said publication has been completed and Notice of published in the Cumberland Law Journal in Carlisle, hereto as Exhibit A) The Sentinel in Carlisle, Pennsylvania Exhibit B) and a copy was mailed to Defendant by regular Order dated January 26, 2005- 4. No response was received from Defendant or Plaintiff or Plaintiffs counsel. 5. More than two years have lapsed since the date of the 6. Defendant has failed to raise any issues as to property, and Plaintiff is seeking no relief in the form of equitable E. Rominger, and in support t to serve Notice Divorce was (attached hereto as pursuant to the counsel by was filed. or the like, alimony of the like. WHEREFORE, Plaintiff respectfully asks that this Court Divorce in this matter. Date: April 12, 2005 Respectfully submitted, ROMINGER, BAYLEY Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 170 (717) 241-6070 Supreme Court ID# 81924 Attorney for Plaintiff a Decree in WHARE JEFF L. WALTERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, ENNSYLVANIA V. CIVIL ACTION - LAW LANETA EICKELBERGER, NO. 02-5669 CIVIL TERM Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Jeff Walters, do here certify that I this day served a copy of the Motion to Finalize Divorce upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, ennsylvan addressed as follows: To: Laneta Eickelberger 70 West Big Spring Avenue Newvilie, Pennsylvania 17241 Respectfully submitted, ROMINGER, BAYLEY & WHARE Date: April 12, 2005 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 170 (717) 241-6070 Supreme Court M# 81924 Attorney for Plaintiff 3 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal State aforesaid, being duly sworn, according to law, deposes and says that tl Journal, a legal periodical published in the Borough of Carlisle in the Count was established January 2, 1952, and designated by the local courts as the o1 periodical for the publication of all legal notices, and has, since January 2, 1 issued weekly in the said County, and that the printed notice or publication : exactly the same as was printed in the regular editions and issues of the said Journal on the following dates, Viz FEBRUARY 11, 2005 of the County and Cumberland Law and State aforesaid, icial legal 52, been regularly tached hereto is ,umberland Law Affiant further deposes that he is authorized to verify this statement Law Journal, a legal periodical of general circulation, and that he is not inte matter of the aforesaid notice or advertisement, and that all allegations in th statements as to time, place and character of publication are true. y the Cumberland sted in the subject foregoing tsa Marie Coyne, dit r SWORN TO AND SUBSCRIB ED before me this 11 day of FEBRUARY 005 N SEAL LOTS E. SNYDER. Notary Publi c Carlisle 8oro, Cumberland Coun y My Commission Expires March 5, 2 005 ?_ Xkh V') IV VA CUMBERLAND LAW JOURNAL NOTICE FOR DIVORCE Laneta Eickelberger, Is a Defen- dant In a Divorce Complaint dock- eted at No. 02-5669 In Cumberland County, Carlisle, Pennsyharda. Serv- ice has been attempted several times to no avail. The Court has granted the Plaintiffs request to ef- fectuate service by publication in an Order dated January 26, 2005. SERVICE WILL BE CONSIDERED COMPLETED THIRTY (301 DAYS FROM THE DATE OF THIS NOTICE. IF YOU, LANETA EICKELBER- GER DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPER- TY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNUL- MENT 15 GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. If you, Laneta Eickelberger do not respond to this publication within thirty (30) days, a Divorce will be requested at the Cumberland Coun- ty Courthouse without your consent. Feb. 11 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tarnmy Shoemaker Classified Sales Manage r , of The Sentinel, of the aforesaid, being duly sworn, deposes and says that THE SENTINEL, a general circulation in the Borough of Carlisle, County and State afores established December 13th, 1881, since which date THE SENTINEL has issued in said County, and that the printed notice or publication attach exactly the same as was printed and published in the regular editions a THE SENTINEL on the following date(s February 03 , 2005 COPY OF NOTICE OF PUBLICATION Laneta Eickelberger, is a Defendant in a Divorce Affiant further deposes that Complaint docketed at No. 02-5669 In Cumberland interested in the subject mat County, Carlisle, Pennsylvania. Service has been attempted several times to no avail. The Court has ' aforesaid notice or advertise granted the Plaintiff s request to effectuate service by publication in an Order dated January 26; 2005. all allegations in the fore or g SERVICE WILL BE CONSIDERED COMPLETED THIRTY (30) DAYS FROM THE DATE OF THIS as to time lace and characl p NOTICE, , pub 'cation are true. IF YOU, LANETA EICKELSERGER DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, _ LAWYER'S FEES OR EXPENSES BEFORE A 1 UYbLVLL DIVORCE OR ANNULMENT IS GRANTED, YOU r MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. If you, Laneta Eickelberger do not respond to this publication within thirty (30) days, a Divorce will be requested at the Cumberland County Courthouse Sworn to and subscribed beft without your consent. 03rd day of February, 2005 Notary My commission expires: ? Niti¢hrr, 'assoriatior. mty and State ?vsoaoer of was en regularly hereto is issues of /she is not of the ent, and that statement of f 111.3'--'""• me this K Ti-01-1, 11,'. 0,ANIA t s sI ?nr-?nr ? WJifE Notary f'Jk lic Bar-. ''u nbLyia ,ri ?,^ my ,. , „or"?nl..mion E>,puv; Sept. 1, AD8 f'r;nn.S;Avsn;a ,0 Nr?Iaries ?, r.? ?? ? c? :, - -r, ?_-, - - .? -? ?; r.,._ -?::?_. -:'-- N -i%i :) ?? ? i f 1?'? " :< ? U+ JEFF L. WALTERS, Plaintiff V. LANETA EICKELBERGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 02-5669 CIVIL TERM ORDER OF COURT AND NOW, this 21" day of April, 2005, upon consideration of Plaintiff's Motion To Finalize Divorce, and it not appearing that Plaintiff has proceeded with the usual steps to obtain a divorce beyond serving the complaint in accordance with the order dated January 26, 2005, authorizing substituted service of original process, the motion is denied. arl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff meta Eickelberger Cumberland County Prison and ?0 f 65 W. Big Spring Avenue Newville, PA 17241 Defendant ?Y i :rc BY THE COURT, _,?. ? ?. ?_ i ?'? t Curtis R. Long Prothonotary ®ffice of the i9rotbonotarp Cumberfanb QCountp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 02-S I?Lq CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA RCP230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY