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Home My WebLink About09-1419 ERIC YODER, IN THE COURT OF COMMON PLEAS P ' tiff CUMBERLAND COUNTY, PA V. NO. OQ - /Y?4 v C HEATHER YO ER, CIVIL ACTION - LAW D fendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS Tu BEEN SUED IN COURT. If you wish to defend against the claims set forth in folio ' g pages, you must take prompt action. You are warned that if you fail to do so, the case may pro ed without you and a decree of divorce or annulment may be entered against you by the Court. A j dgment may also be entered against you for any other claim or relief requested in these papers by e Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When may request n Prothonotary, IF YOU LAWYERS'S GRANTED, YOU SI DO NOT HAS THE OFFICE HELP. ground for divorce is indignities or irretrievable breakdown of the marriage, you age counseling. A list of marriage counselors is available in the Office of the nberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. I NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. OULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE ET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 r i &I LKI? Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ERIC YODER, IN THE COURT OF COMMON PLEAS tiff CUMBERLAND COUNTY, PA V. HEATHER YO ER, CIVIL ACTION - LAW Defendant IN DIVORCE 1. Plain Harrisburg, Dau 2. Def Cumberland Co 3. The least six (6) mor 4. The Pennsylvania. 5. Par, reference as tho 6. The 7. Div 3301(d), in that: COMPLAINT is Eric Yoder, who currently resides at 6160 Springford Drive, Apartment C-1, a County, Pennsylvania. ant is Heather Yoder, who currently resides at 318 9'h Street, New Cumberland, Pennsylvania. intiff and Defendant have been bona fide residents in the Commonwealth for at immediately previous to the filing of this Complaint. intiff and Defendant were married on August 9, 2003 at Gettysburg, COUNT I - DIVORCE aphs one (1) through four (4) of this Complaint are incorporated herein by h set forth in full. have been no prior actions of divorce or for annulment between the parties. :e is sought pursuant to the provisions of the Divorce Code, § 3301(c) and a. Thje marriage is irretrievably broken. b. Plaintiff and Defendant have lived separate and apart since February 23, 2007 and to do so. 8. 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 such counseling. 9. The laintiff in this action is not a member of the Armed forces. WHEREFORE, the Plaintiff requests the.Court to enter a decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 10. Para aphs one (1) through nine (9) of this Complaint are incorporated herein by reference as though set forth in full. 11. Plain 'ff and Defendant have acquired property, both real and personal, during their marriage from A gust 9, 2003, until February 23, 2007, the date of their separation, which property is "marital prope ". 12. Plaintiff and Defendant may have owned, prior to marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. the Plaintiff requests this Honorable Court to equitably divide all marital property. Respectfully submitted, ABOM&KUTULAKi4 L.L.P. DATE Kara W. Haggerty, Es ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff r . VERIFICATION I, Eric Yoder,', verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswr?alsification to authorities. Date 11? ER ?1 \ o ; Q ; IL ;k A \j -40 ?v a `64T? 0 N w o O W ? b? . c? r1 l 1:0 o-x? r . ,''1 _ ABOM & Nu ULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ERIC YODER, Plaintiff V. HEATHER YODER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 09-1419 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Kara W. Haggerty, hereby certify that I did serve a true and correct copy of the Complaint under Section 3301(c) and (d) of the Divorce Code, upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, certified, restricted delivery, postage prepaid, on Heather Yoder, at Carlisle, Pennsylvania, addressed as follows: Heather Yoder 318 9`h Street New Cumberland, PA 17070 Return card acknowledging receipt on March 13, 2009 is attached as Exhibit "A". ABom&KUTVLAKIS, LLP Date: 3 log- Kara W. Haggerty, E 36 South Hanover St Carlisle, PA 17013 (717)249-0900 Attorney for Plaintiff I.D. No: 86914 ?-* ¦ Oam*ft auras 1, 2, and & Abo oonrpNM hater 4 tt AssMcbsd Dewy b daf?Ned. ¦ PdW yourrwne and address on the reverse so prat we oan whin the cod to you. ¦ Attach Oft cod to the hook of the mmA)We, or on ttre toot N opine pwn ta. 1. ArWs Addraassd to: Ne?vJ CUxnhw?6-70 Apmt RftWwod by (fhlMrd(MIi??1 _ _ _ ?C of b (x D. a ddlvwY e0dnot dKMart *ae, Nam 11 Yie It Y M anbr d*.Wy address WOW. Cb NO ewviw Tf" bB)WV ad Md 0 tea.. Mal D Pagb* d. D Rehm Raodpt for Msrdwxgw 13 kaued Me# Cl O.O.D. 4. Restrlcied DsNwry4 09ft Fes) 36Ybs 2. ArdcMt*A*w 7006 1830 0003 5942 5906 (narrsMr flan a«vba iY6.fJ PS Form 3811,.Fdmwy 2004 Domsadc Rehm Roc W EXHIBIT `A" `?, ? ? ? ?, ? _- rf+l` rD +? ?- "-. t?1 ?: ? ' s? ? I ?? ? ".? 1',i 5; ERIC YODER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. Docket No. 09-1419 CIVIL TERM HEATHER YODER, Defendant CIVIL ACTION- DIVORCE DEFENDANT'S PETITION FOR COUNSELING PURSUANT TO 23 Pa.C.S.A.43302(c) AND Pa.R.C.P. 1920.45 Petitioner/Defendant Heather Yoder, by an through her attorneys, Nestico, Druby & Hildabrand, LLP, files this Petition requesting counseling and avers as follows: 1. Petitioner is Heather Yoder, an adult individual residing at 318 9th Street, New Cumberland, Cumberland County, Pennsylvania. 2. Respondent/Plaintiff is Eric Yoder, an adult individual, currently residing at 6160 Springford Drive, Apartment C-1, Harrisburg, Dauphin County, Pennsylvania. 3. A Divorce Complaint was filed by Plaintiff/Respondent on March 6, 2009, requesting an Entry of a Divorce Decree pursuant to §3301(c) of the Divorce Code. 4. Petitioner desires to attempt reconciliation with Respondent and requests counseling under the provision of the Divorce Code, 23 Pa.C.S.A. §3302. WHEREFORE, Petitioner requests that this Honorable Court order Respondent to attend counseling, at Respondent's expense, with a counselor of Petitioner's choosing for a maximum of three (3) counseling sessions as provided under §3302(a), with those counseling sessions to be conducted within ninety (90) days following the filing of the Divorce Complaint. Respectfully submitted, NESTICO, DRW& HILDABRAND, LLP By: Xichard B. Drub / Attorney I.D. No. 4 840 East Chocolate Avenue Hershey, Pennsylvania 17033 Tel: (717) 533-5406 Fax: (717) 533-5717 Attorney for Defendant Dated: ,/, ,' " 9 VERIFICATION I, Heather Yoder, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4.904 relating to unsworn falsification to authorities. Date: a-A G.CA Heather Yoder ?, CJ 1 ? { \.f:9 r} ' ? +., "'f3 f . J f ?.? I ?/ - 4? -1 __?.. .::? I4t 't { ,? ?• .. -I c_ , ~, ERIC YODER, Plaintiff V. HEATHER YODER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 09-1419 CIVIL TERM CIVIL ACTION- DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of undersigned counsel on behalf of Defendant, Heather Yoder. Respectfully NESTICO, By: Richard B. Druby Attorney I.D. No. 6 04 840 East Chocolate Avenue Hershey, Pennsylvania 17033 Tel: (717) 533-5406 Fax: (717) 533-5717 Attorney for Defendant ,LLP Dated: 3 2?/6J 217 J ERIC YODER, Plaintiff V. HEATHER YODER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : Docket No. 09-1419 CIVIL TERM : CIVIL ACTION- DIVORCE DEFENDANT'S AMENDED PETITION FOR COUNSELING PURSUANT TO 23 ,3302(c) AND Pa.R.C.P.1920.45 Pa.C.S.A.6 Petitioner/Defendant Heather Yoder, by an through her attorneys, Nestico, Druby & Hildabrand, LLP, files this Petition requesting counseling and avers as follows: Petitioner is Heather Yoder, an adult individual residing at 318 9 h Street, New Cumberland, Cumberland County, Pennsylvania. 2. Respondent/Plaintiff is Eric Yoder, an adult individual, currently residing at 6160 Springford Drive, Apartment C-1, Harrisburg, Dauphin County, Pennsylvania. 3. A Divorce Complaint was filed by Plaintiff/Respondent on March 6, 2009, requesting an Entry of a Divorce Decree pursuant to §3301(c) of the Divorce Code. 4. Petitioner desires to attempt reconciliation with Respondent and requests counseling under the provision of the Divorce Code, 23 Pa.C.S.A. §3302. 5. Even though §3302 states that the Court shall order counseling when requested by either party, pursuant to Cumberland County Local Rule208.3(a)(9), undersigned counsel contacted Respondent's counsel to obtain her concurrence in the Petition. Respondent's counsel does not concur. 6. A Judge has not yet ruled upon any other issue in this case or related matter. WHEREFORE, Petitioner requests that this Honorable Court order Respondent to attend counseling, at Respondent's expense, with a counselor of Petitioner's choosing for a maximum of three (3) counseling sessions as provided under §3302(a), with those counseling sessions to be conducted within ninety (90) days following the filing of the Divorce Complaint. Respectfully submitted, NESTICO, DRYS)(& By: 1541hard B. Druby Attorney I.D. No. 61904 840 East Chocolate Avenue Hershey, Pennsylvania 17033 Tel: (717) 533-5406 Fax: (717) 533-5717 Attorney for Defendant ?,?X A Dated: VERIFICATION I, Heather Yoder, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of IS Pa. C.S. x+4904 relating to unsworn falsification to authorities. Date: al k. O Heather Yoder -1-- FILED-01T, C' OF ?tic F" ? t v Irl , NvTARY 2009 APR 14 AM 10: 4 1 ERIC YODER, IN THE COURT OFCOMMPO N LEAS OF PLAINTIFF CUMBERLAND COUNTY, V. HEATHER YRDER, DEFENDANT 09_1419 CIVIL ORDER OF COURT AND NOW, this 16th day of April, 2009, upon consideration of Heather Yoder's Petition for Counseling and pursuant to 23 Pa.C.S.A. §3302(b), IT IS HEREBY ORDERED AND DIRECTED that Eric Yoder and Heather Yoder shall attend 3 counseling sessions before June 4, 2009. IT IS FURTHER ORDERED AND DIRECTED that Heather Yoder may select the counselor to perform the counseling. Costs for the counseling shall be borne by Heather Yoder. By the Court, M. L. Ebert, Jr., J. A"ra Haggerty, Esquire Attorney for Plaintiff ichard B. Druby, Esquire Attorney for Defendant i bas C- ?r _ :L x'<1 91 cmdy bgaZ