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Home My WebLink About02-0565AMY FELKER ECKENRODE, Plaintiff VS. DEWAYNE ROBERT ECKENRODE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO.6%$ O.&g . : : 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 relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the grounds for the divome 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, Carlisle, Pennsylvania 17013. 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 ASSISTANCE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 AVISO PARA DEFENDER Y RECLAMAR DERECHOS USED HA SIDO DEMANDADO EN LA CORTE. Si desea defederse de las quejuas expuestas en las paginas siquientes, debe tomar action con pronfitud. Se le avisa que si not se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra pot la Cone. Una decision puede tambien set emitida en su contra pot cualquier otra queja o compensation reclamados por el demandante. Usted puede perder dinero, o propiedades y otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court House, Carlisle, Pennsylvania 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO Y OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Court Administrator Fourth Floor Cumberland County Court House One Court House Square Carlisle, PA 17013-3387 Telefono: (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY FELKER ECKENRODE, Plaintiff VS. DEWAYNE ROBERT ECKENRODE, Defendant · so. : CIVIL ACTION - LAW : : IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this 31 st day of January, 2002, comes the Plaintiff, Amy Felker Eckenrode, by her attorney, G. Patrick O'Connor, Esquire, Office of G. Patrick O'Connor, Esquire, and files the following Complaint in Divorce whereof the following is a statement: 1. The Plaintiff, Amy Felker Eckenrode, is an adult individual who currently resides at 307 Hemlock Rd., Mechanicsburg, Cumberland County, PA 17055. 2. The Defendant, Dewayne Robert Eckenrode, is an adult individual who currently resides at 1100 Claremont Rd., Carlisle, Cumberland County, PA 17013. 3. The Plaintiff and Defendant were married on or about August 18, 1998, and separated the same day. 4. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 5. There have been no prior actions of divorce or annulment between the parties. 6. The Plaintiff has been advised of the availability of counseling and the fight to request that the Court require the parties to participate in counseling. 7. Both the Plaintiff and Defendant are sui juris and are citizens of the United States. 8. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. WHEREFORE, the Plaintiff request your Honorable Court to enter a decree divorcing the Plaintiff and Defendant absolutely. Respectfully submitted, 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 ID No. 64720 Attorney for the Plaintiff VERIFICATION I, AMY FELKER ECKENRODE, state that I am the PLAINTIFF in the above- captioned case and that the facts set forth in the foregoing are tree and correct to the best of my knowledge, info,fixation, and belief. I realize that false statements herein are subject to the penalties for unswom falsification to authorities under 18 Pa.C.S. Sec. 4904. Date: January 31, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY FELKER ECKENRODE, Plaintiff VS. DEWAYNE ROBERT ECKENRODE, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF MARRIAGE COUNSELING Amy Felker Eckenrode, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: January31,200~ ~ ~_Q~~ Amy Felke~kenrode IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY FELKER ECKENRODE, Plaintiff VS. DEWAYNE ROBERT ECKENRODE, Defendant NO. 02-565 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA. R. CIV. P. 1920.4 Patrick O'Connor, Esquire, being duly sworn according to law, deposes and says that he mailed a copy of the Complaint in Divorce filed in this matter by certified mail, return receipt requested, addressee only, to the Defendant at 1101 Claremont Road, Carlisle, York County, Pennsylvania 17013. The return receipt is evidence of delivery to him and is attached as Exhibit "A". I veri~y that the facts contained above are tree and correct to the best of my knowledge, information and belief. I understand that the facts herein are verified subject to the penalties for unswom falsification to authorities under Crimes Code, Section 4904 (18 Pa.C.S. §4904). Patrick O'Connor, Esquire ~i.D. No. 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 Phone 717-737-7760 Attorney for Plaintiff lll#nt your name and address on the reveme that we can return the card to you. Alte=h this card to the beck of the mailpiece, II x~ on the front if s~ce ~rmits I .... ?~II D:~.?=~,~,~,~-- DY.. /k-~dcde Number (Copy from serv/ce lebelJ EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY FELKER ECKENRODE, Plaintiff VS. DEWAYNE ROBERT ECKENRODE, Defendant NO. 02 - CIVIL ACTION - LAW IN DIVORCE 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 UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. The parties to this action separated on August 18, 1998 and have continued to live separate and apart for a period of at least two 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 ifI do not claim them before a divorce is granted. I verify that the statements made in this affidavit are tree and correct. I understand that false statemems herein are made subject to penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Deway~ RObert Eckenrode, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY FELKER ECKENRODE, : Plaintiff : VS. : : DEWAYNE ROBERT ECKENRODE, : Defendant : NO. Oa- 5'6 ' CIVIL ACTION - LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE Check either (a) or (b): (a) ~'~ I do not oppose the entry of a divorce decree. (b)__ I oppose the entry ora divorce decree because (Check (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 marriage is not irretrievably broken. 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 alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. (b) I ~x4sh to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this affidavit are tme and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: ISfiwa~ne Robert Eckenrode, 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 need not file this counter-affidavit. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY FELKER ECKENRODE, Plaintiff VS. DEWAYNE ROBERT ECKENRODE, Defendant NO. 02-565 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT THE RECORD Grounds for divorce: Section 3301(c) of the Divorce Code ,/' Section 3301(d) of the Divorce Code (a) Date complaim filed: February 1, 2002 (b) Date of service of the complaint: February 7, 2002 (c) If service 30 days after date of filing, date complaint reinstated: (d) Manner of service of the complaint: ~' Certified mail, restricted delivery to and return receipt signed by defendant __First-class mail-not returned, certified mail refused, 15 days have elapsed Date of mailing: Date certified mail refused: __Personal service by Sheriffand/or Deputy Sheriff __Personal service by competent adult other than Sheriff (Affidavit attached) __Acceptance of service (Copy attached) __.By publication pursuant to Order of Court (Copy of Order attached) (a) Affidavit of consent required by Section 3301(c) of the Divorce Code: Date of execution: plaimiff defendant: (b) Plaintiff's affidavit requked by Section 3301(d) of the Divorce Code: Date of execution: Defendant's Affidavit & Counter-Affidavit enclosed Date of filing: contemporaneously herewith Date of service upon defendant: Manner of service: 4. Related claims pending: 5. (a) Date of service of the notice of intention to file praecipe to transmit, a copy of which is attached: Manner of service: (b) Date waiver of notice to file praecipe to transmit was filed with the Prothonotary: By plaintiff: By defendant: VERIFICATION 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 unswom falsification to authorities. Date ~)~it~mey for Pl~imi~ AMY FELKER ECKENRODE Plaintiff VERSUS DEWAYNE ROBERT ECKENRODE Defendant INTHE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~ PENNA. NO. 02-565 DEcree IN DIVORCE AND NOW, ~3 , __ DECREED THAT AMY FELKER ECKENRODE 2002 AND DEWAYNE RDB~R~ ECKENRODE , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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;