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
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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
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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' }
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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
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-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
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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