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HomeMy WebLinkAbout10-0944 a?o?,o?arw 2010 FEB -4 AM 9= 32 JANEADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadams©gmail.com ---------------------------------------------- CUI ?.r I W $N1 f PEwSYNANIA KEITH A. EICHELBERGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. JAMIE L. EICHELBERGER, Defendant No. 10- q ow Civil Term 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 35a.00 Pci A ?*# SVq,, 1ANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadams®gmail.com ---------------------------------------------- KEITH A. EICHELBERGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. qq? Civil Term JAMIE L. EICHELBERGER, ACTION IN DIVORCE Defendant COMPLAINT IN DIVORCE 1. Plaintiff is Keith A. Eichelberger, a competent adult individual, who resides at 1010 Cranes Gap Rd. Apt 2, Carlisle, Pa. 17013. 2. Defendant is Jaime L. Eichelberger, a competent adult individual, who resides at 202 York Road, Carlisle, Pa., 17013. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on August 11, 2007 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. Plaintiff and Defendant have one child together, namely, Angelique Renee Eichelberger, born January 11, 2008. A custody order regarding the child is entered in Cumberland County under Docket No. 08 - 1527 civil term. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of America or any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree 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 unsworn falsification to authorities. i Keith A. Eichelberger, Plaintiff Respectfully submitted, o.,e ()-/y//a lane Adams, Esquire I.D. No. 79465 17 West South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ryf:f 2010 FEB 22 FM 2: Ij i CL I?= rn KEITH A. EICHELBERGER., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 10 - 944 Civil Term JAMIE L. EICHELBERGER, ACTION IN DIVORCE Defendant CERTIFICATE OF SERVICE I, Jane Adams, Esquire, do hereby certify that on February 9. 2010, 1 served a true and correct copy of the NOTICE TO DEFEND and DIVORCE COMPLAINT, in the above-captioned matter upon the following individual(s) by certified mail, restricted, return receipt requested, addressed as follows: Jamie L. Eichelberger 202 York Road Carlisle, Pa. 17013 DEFENDANT ¦ Complete Items 1, 2, and.3. Also complete item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can retum the card to you. ¦ Attach this card to the back of the mailpieoe, or on the front if space permits. A. Sigp#re ell ,i ? Agent L"/ 171 AMm B. ed (Printed err ( e of Delivery D. Is delivery address different from it0m 1? ? Yes If YES, enter delivery add ow: ? No G? r a E' 3. Service Type ? Certified mail ? Egrass mail ? PAgb Bred ? Retum Receipt for merchandise ? Insured Mail ? C.O.D. 4. Raft lcEed DeNvery' Oft Fee) ? Yes 2. Article Number 7009 2820 0 0 0 2 2103 2163 (Tmnsfer from service rebel) PS Form 3811, February 2004 Domestic Return Receipt 102506-02-M.lMo Respectfully Submitted: 1. Article Addressed to: ?jCi??rrle L, C?c1?ellf-??r, ,-.0 0) k- Rd . .? Adams, Esquire . D No. 79465 17 est South St. rlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF 2013 F EB 24 PH '13: 13 Ch}i,.i N1TY 66UIRT OF COMMON PLEAS KEITH A. EICHELBERGER., IN'tkl Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 10 - 944 Civil Term JAMIE L. EICHELBERGER, ACTION IN DIVORCE Defendant NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT OF SEPARATION 1. The parties to this action separated on February 20, 2010, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 understand that I may lose my 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. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: /a)4/ Keith A. Eichelberger, aintiff OM & KU ULAKIS Michelle L Sommer, Esquire Attorney I.D. No.: 93034 ,g/) Sired 2 West Ili Carlisle, PA 17013 (717) 219-0900 KEITH A. EICHELBERGER, Plaintiff V. JAMIE L. EICHELBERGER, Defendant FILED- OFFICE r)7 T>-jE P0.77,C`OTA?Y 2010cif ? 17 El 3: 41 rr IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 10-944 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S ANSWER TO COMPLAINT IN DIVORCE AND COUNTERCLAIM UNDER SECTIONS 3301(a)(2)(31 of the DIVORCE CODE AND NOW this 17`h day of March, 2010, comes the Defendant, Jamie L. Eichelberger, by and through her undersigned counsel, Michelle L. Sommer, of Abom & Kutulakis, L.L.P., and who respectfully sets forth the following Answer and Counterclaim to Plaints Complaint in Divorce and avers the following: ANSWER TO COMPLAINT IN DIVORCE 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Respondent is unable to admit or deny this averment. 7. Admitted. IlfrSa Pd •? 8. Admitted. 9. Admitted. 10. Respondent is unable to admit or deny this averment. NEW MATTER COUNTERCLAIM under SECTION 3301(a)(2) of the DIVORCE CODE 11. Defendant seeks a divorce pursuant to the provisions of the Divorce Code, §3301(a)(2), (3) & (6) in that: a. The Defendant is the innocent and injured spouse as the Plaintiff has committed adultery; b. The Plaintiff committed cruel and barbarous treatment, endangering the life or health of the Defendant causing her to become an injured and innocent spouse thereby seeking a Protection from Abuse Order; and c. The Plaintiff offered such indignities to the Defendant as the innocent and injured spouse as to render her condition intolerable and life burdensome. d. Plaintiff and Defendant have lived separate and apart since February 10, 2008, and continue to do so. 12. Defendant has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in such counseling. COUNTERCLAIM - REQUEST for EQUITABLE DISTRIBUTION of MARITAL PROPERTY 13. Paragraphs eleven (11) through twelve (12) of this Counterclaim are incorporated herein by reference as though set forth in full. 14. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from August 11, 2007, until February 10, 2008, the date of their separation, which property is "marital property". 15. 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, all of which property is "marital property". 16. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, the Defendant requests this Honorable Court to equitably divide all marital property. COUNTERCLAIM - REQUEST for ALIMONY and ALIMONY PENDENTE LITE 17. Paragraphs thirteen (13) through sixteen (16) of this Complaint are incorporated herein by reference as though set forth in full. 18. Defendant lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 19. Defendant requires reasonable support to maintain herself adequately in accordance with the standard of living established during the marriage. WHEREFORE, Defendant requests this Honorable Court to enter an award of alimony and alimony pendente lite. COUNTERCLAIM - REQUEST for COUNSEL FEES AND COSTS 20. Paragraphs seventeen (17) through nineteen (19) of this Complaint are incorporated herein by reference as though set forth in full. 21. Defendant has retained the law offices of ABOM & KUTUI kKIS, L.L.P., but is unable to pay the necessary and reasonable attorney's fees for said counsel. 22. Defendant may need to hire experts to appraise the marital property but she lacks funds to pay the necessary and reasonable fees. WHEREFORE, Defendant requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate, and at final hearing to award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. 311'4-110 Date Michelle L. Sommer, quire Attorney I.D. No.: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 fl ttorney for the Defendant VERIFICATION I, JAMIE L. EICHELBERGER, verify that the statements made in this Defendant's Answer to Complaint in Divorce and Counterclaim under Section 3301(a)(2) 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 unsworn falsification to authorities. Date IE L. EICHELBER R CERTIFICATE OF SERVICE AND NOW, this 17`h day of March, 2010, I, Michelle L. Sommer, Esquire of ABOM & KUTULAKIS, L.L.P., hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Defendant's Answer to Complaint in Divorce and Counterclaim under Sections 3301(a)(2), (3) & (6) of the Divorce Code to the Plaintiff by First Class U.S. Mail at the following address: Jane Adams, Esquire Attorney at Law 17 West South Street Carlisle, PA 17013 Attorney for the Plaintiff A Michelle L. Sommer, squire OM ~' LiLAKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 KEITH A.~EICHELBERGER, Plaintiff v. JAMIE L. EICHELBERGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-944 CIVIL ACTION -LAW IN DIVORCE Notice is hereby given that the Defendant in the above mattex, JAMIE L. EICHELBERGER, pursuant to the divorce action filed at the above term and number, hereby elects to resume the prior surname of HEBERLIG, thereby changing her legal name to JAMIE LYNN HEBERLIG, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. § 704. Date: ~ - O! t" - ~ COMMOI`~X/EALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On the ~t~day of July, 2010, before me, a Notary Public, pexsonally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. Notary Public ----- PuMio Daboiah 4 Ry~n~ Novry ~~p~,,.pmbatlredCad ..._ ---- e~eira hr~ 11, 4JD1 i-~ ~[; ,r :- E .. 201J J.11 27 ~'~'i .:~~ ~` ~~ ~9~ :r, af, ,, °r" .._,.._..,...... +~9i~,~ r~.sr~v^?Alilllilp3Y~'*i _. __^ .-..s...... ABOM c52' 1~iITLiLAKIS Michelle L Sommer, Enquire Attorney I.D. No.: 93034 2 lY/est High Street Carlisle, Pennsylvania 17013 (717) 249-0900 KEITH A. EICHELBERGER, Plaintiff ~~~ ICJ -6 ~'~ ~~ C~li""II3E~~C,.1".~~D LViJ~~H,? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 10-94.4 JAMIE L. EICHELBERGER, n/k/a, CIVIL ACTION -LAW JAMIE L. HEBERLIG Defendant IN DIVORCE TO THE PROTHONOTARY OF SAID COURT: Please withdraw my appearance on behalf of the Defendant, Jamie L. Heberlig, in the above-captioned matter. Respectfully submitted, ABOM ~ KvTULAKIS, L.L.P. ,~ ~- DATE I~ ~ Michelle L. Sommer, quire 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney ID # 93034 Please enter my appearance, Pm Se, in the above-captioned matter. Respectfully submitted, DATE is -~- ld ork Road le, PA 17013 KEITH A. EICHELBERGER., IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNS YLVANIA vs. No. 10 - 944 Civil Term JAMIE L. EICHELBERGER, :ACTION IN DIVORCE Defendant ...~~ ~, ..~ MOTION FOR APPOINTMENT OF MASTER ~~ r- -+ "cm ~~ ~ ~~ Defendant moves this Court to appoint a master with respect to the following clair~:~ ~~ Divorce ~ Distribution of Property r ~ ~ ~ ~ ~ ( )Annulment )Support ~ _ --~ u' ('Alimony ( )Counsel fees ~ "~ a (~) Alimony Pendente Lite ( )Costs and Expenses ~°~ and in su port of the motion states: (1) Discovery is substantially complete as to the claim(s) for which the appointment of a master is requested. (2) The Defendant is self-represented. (3) The statutory ground(s) for divorce is 3301 (c) and 3301(d), as the parties have been separated for two years. (4) Delete the inapplicable paragraph(s): (b) An agreement has been reached with respect to the following claims: NONE. (c) The action is contested with respect to the following claims: ALL. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one day. (7) Additional information, if any, relevant to the motion: NONE. Date: 1 d l~ l b J ne Adams, Esquire W. South St. Carlisle, Pa. 17013 Attorney for Plaintiff (717) 245-8508 ORDER APPOINTING MASTER AND NOW, this , 2010, Robert Elicker, Esquire, is appointed Master with respect to the following claims: ALL. BY THE COURT: J. OCT ~ 0 2010 KEITH A. EICHELBERGER., IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 10 - 944 Civil Term JAMIE L. EICHELBERGER, :ACTION IN DIVORCE ~? -~,~ Defendant -~~ ~ ~ ~ o '~'r~ MOTION FOR APPOINTMENT OF MASTER ~~ --r ~~ ~~, ~ Ica Defendant moves this Court to appoint a master with respect to the following clairl~:~ ~ ~ S ~~ ~ ~ ~`j Divorce Distribution of Property ~f =~ w ~~ ( )Annulment ~ Support ~ ;;, _ ('~Q~Alimony (~) Counsel fees ,,,~ ~ ( )Alimony Pendente Lite ( )Costs and Expenses and in su~port of the motion states: (1) Discovery is substantially complete as to the claim(s) for which the appointment of a master is requested. (2} The Defendant is self-represented. (3) The statutory ground(s) for divorce is 3301 (c) and 3301(d), as the parties have been separated for two years. (4) Delete the inapplicable paragraph(s): (b) An agreement has been reached with respect to the following claims: NONE. (c) The action is contested with respect to the following claims: ALL. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one day. (7) Additional information, if any, relevant to the motion: NONE. Date: l o /~ l b ~- l J ne Adams, Esquire W. South St. Carlisle, Pa. 17013 Attorney for Plaintiff (717) 245-8508 _. cs ORDER APPOINTING MASTER ~ ~= ~ -ti ~ o -1 ~1 ~ .~ AND NOW, this ~IG~~P~d/ , 2010, Robert Elicker, Esquire, is appointed M wi~ mar= respect to the following claims: ALL. z:. ~ N ~~ / -• / BY THE COURT: ~~ v ~~ ,~ / J. JZrnc~ 1~E~N ~~al, f c0 ~-~'Yl KEITH A. EICHELBERGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 10 - 944 CIVIL JAMIE EICHELBERGER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of 2010, counsel and the parties having entered into an agreement and stipulation resolving the economic issues on December 14, 2013, the date set for a conference, the agreement and stip°alatior_ having been transcribed and signed by the parties, the appointment of the Master is vacated and counsel c:an conclude the proceedings by the filing of a praeci.pe to transmit the record requesting that a final decree in divorce be entered. BY THE CCURT, cc: -,"Jane Adams Attorney for Plaintiff Jamie L. Eichelberger Defendant 'S' r?1a?1 (2 17 r_ CD -TI CDM KEITH A. EICHELBERGER, Plaintiff VS. JAMIE L. EICHELBERGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVANIA NO. 10 - 944 CIVIL IN DIVORCE THE MASTER: Today is Tuesday, December 14, 2010. This is the date set for a conference in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Keith A. Eichelberger, and .pis counsel ;ane Adams. Also present is Jamie L. Eichelberger, now known as Jamie L. Heberlig. Ms. Heberlig changed her, name pursuant to a notice to resume her prior surname name dated July 27, 2010.. The complaint in divorce was filed on February 4, 2010, raising grounds for divorce of irretrievable breakdown of the marriage. With respect to the grounds for divorce, the parties have been separated since February 21, 2008, a period in excess of two years. Therefore, the divorce is going to proceed under Section 3301 d) of the Domestic Relations Code based on the ?=wo-year separation. The complaint in divorce did not raise any economic issues. However, on March 17, 2010, a counterclaim was filed raising economic claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and costs. 1 After discussion this morning, the parties have come to an agreement which is going to be placed on the record in the presence of the parties and counsel. The agreement as stated on the record will be considered the suosiantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Consequently, when the parties leave the hear=ing room today, they are bound by the terms of the agreement.. They are, however, going to return later today to review the agreement for typographical errors, make corrections as necessary, and then affix their signatures affirming the terms of settlement as stated on the record. Upon receipt by the Master of a compLeted agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. The parties were married on August: 11,, 2007, and are the natural parents of one child, Angelique Renee Eichelberger, born January 11, 2008. Ms. Adams. MS. ADAMS: The parties have agreed as follows and such agreement shall satisfy all claims regarding equitable distribution and any other claims. 1. Husband shall pay wife the lump sum amount of $1,000.00 2 within seven (7) days of today's date. Husband shall pay the sum of $1,000.00 to his counsel and such funds shall be placed in counsel's escrow account and then husband's counsel shall notify wife and shall transmit such funds to wife. All other property in each parties' possession shall remain the sole and exclusive property of that party and there shall be no further claims on the property of the other. 2. Husband shall pay wife the sum of $100„00 per month for spousal support or alimony through the date of March 31, 2011. In no event shall these payment continue on past Marc; 31, 2011. The total amount due as provided herein is $300.00. Husband's counsel anticipates finalizing the divorce by the end of 2010, therefore, the total amount due in remaining spousa__ support or alimony is $300.C0. Husband shall have the option of paying this amount in a lump sum to wife. Said payment shall be made to husband's counsel to be placed in counsel's escrow account and then forwarded to wife. Said payment shall be made, if husband opts, by January 31, 2011. Any spousal support or alimony payments shall continue through the Domestic Relations through December 31, 2010. Any payments made from husband to wife for spousal support or alimony shall be paid through husband's counsel after January 1, 2011. 3. Wife's claim for counsel fees is withdrawn. 4. Husband understands he will continue to provide medical insurance for his daughter through his employer. Wife understands that she will no longer be entitled to coverage under husband's medical insurance upon the entry of a decree in divorce. 5. Except as herein otherwise provided, each party may dispose of his or her property in any aay and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire unde.:- the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital re- at:ionship including without limitation, statutory al,'owance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at t:re request of the other execute, acknowledge, and de1_iver any and all ins-ruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. 3 THE ]MASTER: For the record, attorney Adams wants to make a sta--ement regarding the the filing and service of an affidavit of separation. MS. ADAMS: It should also be noted that I filed husband's affidavit of separation on February 24, 2010. The affidavit was executed by him on February 22, 2010. I'm looking at the affidavit and it appears that there is a typo on the affidavit. It states that they sepa=rated February 20, 2010, but the correct date o separation as agreed by the parties is February 21, 2008. On or about February 25, 2010, I sent wife via certified mail a copy of the time stamped affidavit of separation, counter-affidavit and waiver of notice. It is believed that she agrees that she did receive copies of such documents al=bough she did not execute the counter-affidavit or waiver of notice. THE MASTER: Mr. Eicheiberger, you have heard your counsel's statement of the agreement on the record? MR. EICHELBERGER: Yes. THE MASTER: And do you understand it'? MR. EICHELBERGER: Yes. THE MASTER: Do you have any questions about it? MR. EICHELBERGER: No. THE MASTER: And do you agree that you 4 separated on February 21, 2008? MR. EICHELBERGER.: Yes. THE MASTER: And you understand that when you leave the hearing room you are bound by the terms of the agreement even though there is no subsequent sigr:ir.g of the agreement affirming the terms of settlement? MR. EICHELBERGER: Yes. THE MASTER: And you also understand that we are going to ask you to come back later today to review the agreement: and affix your signature? MR. EICHELBERGER: Yes. THE MASTER: Ms. Heberlig, you've been present during the statement of the agreement on the record? MS. HEBERLIG: Yes. THE MASTER: Do you have any questions about it. MS. HEBERLIG: No. THE MASTER: Do you understand it? MS. HEBERLIG: Kind of. THE MASTER: Well, you do or you don't. Do you understand what the terms of your settlement are? MS. HEBERLIG: Yeah. THE MASTER: Do you agree that you were separated on February 21, 2008? MS. HEBERLIG: Yes. 5 THE MASTER: And you understand t:rat when you leave the hearing room today, you are bound by the terms of this agreement even though it hasn't been signed? MS. HEBERLIG: Yes. THE MASTER: You also underst=and that you are going to be coming back later today to review the agreement and affix: your signature to the agreement? MS. HEBERLIG: Yes. THE MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract. obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imtiosed by law and ]'_n particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: r ?• frC. - 1 L lo ne Adams Keitk'S A. Ei helberger ttorney for Plaintiff ` /JV amie L.' Eichelberger ;Heber] g) 6 EICHELBERGER. KEITH A IN THE COURT OF COMMON PLEAS , . Plaintiff PENNSYLVA CUMBERLAND COUNTY , rnm M c- - °-rl r 1 ' vs. No. 10 - 944 Civil Term r t , JAMIE L. EICHELBERGER, ACTION IN DIVORCE -rs Defendant -" ; " ; PO WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301() AND §3301(d) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. 1 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 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 unsworn falsification to authorities. Date: tal a3I /1D FI1-E D-0FF1r E I I JtlN 14 AM 8= ? 1 KEITH A. EICHELBERGER., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 10 - 944 Civil Term JAMIE L. EICHELBERGER, ACTION IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information to the Court for entry of a divorce decree: 1. Grounds for divorce: _ Section 3301(c) of the Divorce Code. X Section 3301(d) of the Divorce Code. 2. (a) Date Complaint filed: February 4. 2010. (b) Date of Service of the Complaint: February 9, 2010. (c) If service 30 days after date of filing, date complaint reinstated: n/a. (d) Manner and service of the complaint: Certified mail, restricted delivery, return receipt requested signed by Defendant 3. (a) Affidavit of Consent required by Section 3301(c) of the Divorce Code. (Not applicable). (b) Plaintiff's affidavit required by Section 3301(d) of the Divorce Code: Date of Execution: February 22. 2010. Date of Filing: February 24. 2010. Date of Service upon Defendant: February 26, 2010: acceptance of service being filed with this Praecipe Manner of service: Certified mail, return receipt requested. 4. Related claims pending: None: all claims were resolved by agreement of the parties before the Divorce Master on December 14, 2010, a copy of said agreement has been transcribed and filed of record. It was also stipulated in the Master's Report that the correct date of separation is February 20, 2008, not February 20, 2010 as in the Affidavit of Separation. 5. (a) Date of service of the notice of intention to file Praecipe to Transmit, a copy of which is attached: Counsel sent a second Notice of Intent to Request Entry of Divorce Decree, and Counter Affidavit, on January 5 2010 Defendant signed a Waiver of Notice, which is being filed contemporaneously with this Praecipe therefore the twenty-day waiting period is waived and the divorce can be finalized Manner of service: Certified mail. (b) Date Waiver of Notice to file Praecipe to Transmit was filed with the Prothonotary: Contemporaneously with this Praecipe. I verify that the statements made in this Praecipe are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Respectfully Submitted: Date:/ 46ne Adams, Esquire D. No. 79465 17 West South Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff Keith A. Eichelberger G?? I? i u 1- iE_r u- i 2011 JAN 1 4 AM 8• J0 ^I IMBERLAND KEITH A. EICHELBERGER., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 10 - 944 Civil Term JAMIE L. EICHELBERGER, ACTION IN DIVORCE Defendant ACCEPTANCE OF SERVICE I, Jamie L. Eichelberger, Defendant, in the above-captioned matter, hereby accepted service of the 3301(d) Affidavit of Separation and Counter-Affidavit on or about February 26, 2010. Date: f ie L. ichelberger, endant f°li.%1-7 Dr)-v-F1C: 2011 JPI 14 AM 8: ?'; CUMBERLAND PCEN SYL VA!Il 1. KEITH A. EICHELBERGER., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 10 - 944 Civil Term JAMIE L. EICHELBERGER, ACTION IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(d) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. 1 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 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 unsworn falsification to authorities. Date: KEITH A. EICHELBERGER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JAMIE L. EICHELBERGER, NO. 10 - 944 Civil Term DIVORCE DECREE AND NOW, --r-?-cG? , it is ordered and decreed that KEITH A. EICHELBERGE , plaintiff, and JAMIE L. EICHELBERGER, , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None; the agreement which was entered on December 14, 2010, shall be incorporated and not merged into this Decree. By the Court, Attest: J. &+'/f - rMiA?Q ` b AFB R$ Alokft w 0.opy ma. led lo Left