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HomeMy WebLinkAbout08-5417John B. Dougherty, Esquire Pa. I.D. No. 70680 IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Telephone: 717-238-1657 Fax: 717-238-6691 Attorney for. PLAINTIFF CRAIG ECKENRODE, VS. JODIE ECKENRODE, Plaintiff, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. No. 08 - 54I7 Olivit Term CIVIL ACTION - 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 Courthouse, One Courthouse Square, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNUL- MENT 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 32 S. Bedford Street Carlisle, PA 17013 Phone: 717-249-3166/800-990-9108 John B. Dougherty, Esquire Pa. I.D. No. 70680 IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Telephone: 717-238-1657 Fax: 717-238-6691 Attorney for: PLAINTIFF CRAIG ECKENRODE, vs. JODIE ECKENRODE, Plaintiff, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. No. 0 y-5`lt7 Civil Action - In Divorce COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, the Plaintiff, Craig Eckenrode, by and through his attorney, John B. Dougherty, Esquire, respectfully submits this Complaint and, in support thereof, avers the following: 1. Plaintiff, Craig Eckenrode, is an adult individual who currently resides at 323 Liberty Port, Mechanicsburg, Cumberland County, Pennsylvania, 17050 and has so resided at this location since August 2008. 2. Defendant, Jodie Eckenrode, is an adult individual who currently resides at 506 Grant Drive, Camp Hill, Cumberland County, Pennsylvania, 17011 and has so resided at this location since August 2008. 3. Plaintiff has resided in the Commonwealth of Pennsylvania for at least six months immediately previous to the commencement of this action. 4. Defendant has resided in the Commonwealth of Pennsylvania for at least six months immediately previous to the commencement of this action. 5. The Plaintiff and Defendant were married on July 8, 1995 in Altoona, Pennsylvania. 6. There have been no prior actions for divorce or annulment of marriage between the parties. 7. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 8. Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in counseling. 9. The marriage of the parties is irretrievably broken. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter a Decree of Divorce. Respectfully Submitted IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 By: 1-3. &%4z JOHN B. DOUGH RT Attorney I.D. No. 70680 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. Section 4904 relating to unsworn falsifications to authorities. ? D 2 9 0, - to CRAIG ECKENRODE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff, vs. No. 08 - 5417 JODIE ECKENRODE, Defendant. CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 11, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. 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. 3. 1 understand:that I will riot be divorced until a di-urce 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. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subiect to the penalties of 18 Pa.C.S. §4904 relating Dated: C,t? CRAIG ECKENRODE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff, vs. No. 08 - 5417 JODIE ECKENRODE, Defendant. CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 11, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. 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. 3. I understand that I will not be divorced until 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. 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. §4904 relating to unswom falsification to authorities. Dated: ?-- --?, ? ' .b,: r f'- ? - ? > ?-? _ ?f ?? sv ,. ?= ?" N . A r John B. Dougherty, Esquire Supreme Court I.D. No. 70680 IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Telephone: 717-238-1657 Facsimile: 717-238-6691 Attorneys for: PLAINTIFFS CRAIG ECKENRODE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff, vs. No. 08 - 5417 JODIE ECKENRODE, Defendant. CIVIL ACTION - DIVORCE AFFIDAVIT OF SERVICE John B. Dougherty, Esquire, being duly sworn according to law, deposes and says that he mailed a true and correct copy of the Complaint in Divorce upon the Defendant on September 12, 2008 by depositing it in the United States mail, return receipt requested, restricted delivery addressed as follows: Jodie Eckenrode, 506 Grant Drive, Camp Hill, PA, 17011. The return receipt signed by the Defendant is evidence of delivery to her and is attached hereto as Exhibit "A". 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. §4904 relating to unsworn falsification to authorities. UkA,6, /de& L"" JOHN B. DOU ERTY CERTIFIED MAIL RECEIF (Domestic Mail Only; No Insurance Coveral Er - M 0 M Postage $ aS Certified Fee 62,-78 C3 Return Receipt Fee Postmark re (Endorsement Required) .2 • ? / ° Restricted Delivery Fee 44. ..0 (Endorsement Required) 5 CCCJJJ r-q r-1 Total Postage & Fees U1 O t To j n?- ?- r`"' -----°---°---•- or PO Box No. °......_._°._....°-_ ?.J City, State, ZIP+4 ------------•'- PS Fo-i 1800 June 2002 ¦ Complete Items 1, 2, and 3. Also cornpleft Item 4 if Restilc Delivery b desired. ¦ Print your name and address on the reverse so that we can retum the card to you. ¦ Attach this card to the heck of the mailplede, or on the front H space pemrits. 1. Ardide Addressed to: Jodit 14?n?oL? C4 ?p14,'l1, ?A. i'ra1? B, RedelWby (P?h?ted Name) I -) `!2 D. Is denrery address dn/erwd from item 1? ? Yes it YES, erttsr delivery address below: ? No 13. "vim 7Ww IlLowulisd man ? E>tpress Mail ? Registered ? Return Rsoeiptfor merdwam RsehicMd Denwry? (Exist Fes) 2. AdhftIhmkiei 705 1160 0002 3039 1048 Mwisbrftmear-it wo PS FaM 11, Febkwy 2004 DanMao Pinks ftv$0 EXHIBIT "A" P.":t rya ca _- w 4 ?" .-„ ;"T? ? ?? ? + _ . ? -ri "" t ?© C..? ?' IN THE COURT OF COMMON PLEAS Craig Eckenrode VS. Jodie Eckenrode CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 08 - 5417 CIVIL TERM 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. Ground for divorce: Irretrievable breakdown under 3301 (c) 330fw (Strike out inapplicable section) 2. Date and manner of service of the complaint: Served on Defendant by certified mail, restricted delivery on 09/13/08 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: by plaintiff 01/08/2009 by defendant 12/17/2008 b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff s affidavit upon the respondent: 4. Related claims pending: None. 5. Complete either (a) or (b) a. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: b. Date of plaintiffs Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: 01/14/2009 Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the Prothonotary: 01/14/2009 ?C Attorney for PjaintiVffaala e--? a G °c? cs .? ? r.- ? ? , : cr ` , ?, t?? J t -?ra t 3? c? : .?„ ? <? is _ - ? ..t ??