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Home My WebLink About01-5911MICHELE LOUISE BARSHINGER Plaintiff VS. ERIC WAYDE BARSHINGER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA No. CIVIL ACTION - LAW 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 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, Cumberland County Court House, 1 Court House Square, Carlisle, Pennsylvania, 17013-3387. 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 MICHELE LOUISE BARSHINGER Plaintiff VS. ERIC WAYDE BARSHINGER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA No. CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER §3301 OF THE DIVORCE CODE 1. Plaintiff is, Michele Louise Barshinger, who currently resides at 209 Bridge Street, Apt. 1, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant is, Eric Wayde Barshinger, who currently resides at 30 Bass Lake Road, Etters, York County, Pennsylvania. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The Parties were married on February 28, 1998. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The 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 avers that there is one child of the parties under the age of eighteen. thereto. 10. 11. COUNT I. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(c) OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both Parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. 12. thereto. 13. 14. COUNT II. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(d) OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference The marriage of the Parties is irretrievably broken. The parties are living separate and apart and at the appropriate time, Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two years as specified in Section 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. Respectfully submitted: BY: H~-A~HER L. HARBAUGH, E~QUiR 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 ID #83997 ATTORNEY FOR PLAINTIFF VERIFICATION I, Michele Barshinger, hereby swear and affirm that the facts contained in the foregoing Complaint for Divorce are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: ,/_~ -- ~ - 4:)' / Michele Barshinger MICHELE LOUISE BARSHINGER Plaintiff ERIC WAYDE BARSHINGER Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PA * No. 01-5911 CIVIL * CIVIL ACTION - LAW * IN DIVORCE CERTIFICATE OF SERVICE I, Wendy L. Shive, Legal Assistant to Heather L. Harbaugh, Esquire, hereby certify that on October 15, 2001, I served a tree and correct copy of the Complaint in Divorce upon Eric Wayde Barshinger, Defendant, by depositing same, postage pre-paid, via Regular and Certified Mail, Return Receipt Requested in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Eric Wayde Barshinger 30 Bass Lake Road Etters, PA 17319 Date: WendS/Shire LAW OFFICE EDWARD J. V~/EINTRAUB 2650 NORTH THIRD STREET HARRISBURG, P~"~L"~ANiA 17110 (717) 238-2200 FAX (717) 238-9280 MICHELE LOUISE BARSHINGER Plaintiff ERIC WAYDE BARSHINGER Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PA * No. 01-5911 CIVIL * CIVIL ACTION - LAW * IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. AND NOW, this 24th day of October, 2001 personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Wendy L. Shire, who being duly sworn according to law, deposes and says that on October 15, 2001, she mailed a certified copy of a Complaint in Divome, by certified mail, restricted delivery, return receipt requested, to Eric Barshinger, 30 Bass Lake Road, Etters, PA 17319, and the same was received by him on October 23, 2001 as indicated by the return receipt card which is attached hereto. Wended/( Shive Sworn to an.~ subscribed before me on this ~ day of ~C~f , 2001. Notary Public Notarial Seal Mi~dy D. Lehman, Notary Public · _Hah~. u.rg, Dauphin County My ~.;omm~ssmn Expires Aug. 2, 2004 ~. ps Rxm 3811, r 1994. MICHELE LOUISE BARSHINGER, Plaintiff ERIC WAYDE BARSHINGER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5911 CML ACTION. LAW Il~[ DIVORCE N~_0_TICE TO THE DEFE_~N~ANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty (20} days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'SAFFIDAViT ONDER SE~~ OF THE D~__~ORC~E C~OD~i 1. The parties to this action separated June of 2001 and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. 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. 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. Dated:_ MICHELE LOUISE BARSHINGER Plaintiff ERIC WAYDE BARSHiNGER Defendant * IN THE COIL, IRT OF COMMON PLEAS * CUMBERLAND COUNTY, PA * CIVIL ACTION ' LAW * IN DIVORCE CERTIFICATE OF SERVI'CE I, Sherie A. Minich, Legal Assistant to Jennifer L. Spears, Esquire, hereby certify that on July 20, 2004, I served a tree and correct copy of the Plaintiff's Affidavit Under Section 3301(d) of the Divorce Code and Defendant's Counter-Affidavit on Eric Wayde Barshinger, Defendant, by depositing same, postage pre-paid, in the United States Mail, Dillsburg, Pennsylvania, addressed as follows: Eric Wayde Barshinger 11 Carlisle Road, Apartment 1 York, PA 17404-3234 Date: MICHELE LOUISE BARSHINGER, Plaintiff VSo ERIC WAYDE BARSHINGER, Defendant : IN THE COURT OF COMMON PLEAS OF : OF CUMBER]LAND COUNTY, : PENNSYLVANIA : : NO. 01-5911 : : CIVIL ACTION-LAW : 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: Code. Ground for divorce: irretrievable breakdown under Section 3301(d) of the Divorce 2. Date and manner of service of the complaint: Certified mail, restricted delivery, return receipt, on October 23, 2001. See Affidavit of Service, as filed. 3b. (1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: ~ (2) Date of filing and service of the plaintiff's affi[davit upon the respondent: Filed July 14, 2004 and served July 20, 2004. 4. Related claims pending: No claims were raised. 5. Date and manner of service of the notice of intention to file praecipe, a copy of which is attached hereto: August 12, 2004 by regular mail. MARTSON DEARDORFF WILLIAMS & OTTO Jet~nif~r L. Spears, Esquire Teh East High Street Carlisle, PA 17013 (717) 243-3341 ID No. 87445 Attorneys for Plaintiff MICHELE LOUISE BARSH1NGER, Plaintiff ERIC WAYDE BARSHINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5911 CIVIL ACTION - LAW IN DIVORCE .NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301 (d) DIVORCE DECREI,; TO: ERIC WAYDE BARSHINGER, Defendant You have been sued in an action for divorce. You have failed to Answer the Complaint or file an affidavit to the Plaintiff's § 3301 (d) affidavit. Therefore, on or after September 7, 2004, the other party can request the Court to enter a final decree in divorce. If you do not file with the Prothonotary of the Court an answer with your signature notarized or verified or a counter-affidavit by the above date, the Court can enter a final decree in divorce. A counter-affidavit which you may file with the Prothonotary of the Court is attached to this Notice. Unless you have already filed with the Court a written claim for economic relief, you must do so by the above date or the Court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MICHELE LOUISE BARSHINGER, Plaintiff ERIC WAYDE BARSHINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5911 CIVIL ACTION - LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (clheck (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The mamage 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 alimuny, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all o fmy 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 of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. 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. §4904 relating to unswom falsification to authorities. Date: Eric Wayde Barshinger, Defendant NOTICE: If you do not wish to oppose the entry ora divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praecipe to Transmit was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Eric W. Barshinger 11 Carlisle Avenue, Apt. 1 York, PA 17404 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-32341 Dated: September 14, 2004 IN THE COURT OF COI~tMON PLEAS OF CUMBERLAND CO[JNTY STATE OF PENNA. MICHELE LOUISE BARSHINGER No. 01-5911 CIVIL VERSUS __ ERIC WAYDE BARSHINGER DECREE IN DIVORCE AND NOW, DECREED THAT AND MICHELE LOUISE BARSHINGER ERIC WAYDE BARSHINGER ARE DIVORCED FROM THE BONDS OF MATRIMONy. __~, IT IS ORDERED AND -, PLAINTIFF, -- , DEFENDANT, 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. BY T H E/,Co U RT: ATTE PROTHONOTARY