The URL can be used to link to this page

Home My WebLink About04-6382 HAROLD S. IRWIN, III, ESQUIRE ATI'ORNEY ID NO. 28920 84 SOutH PITT STREET CARLlSLI! PA 17013 (717) 243-8080 ATTORNEY FOR PLAINTIFF KEITH A.. EICHELBERGER, Plaintiff = IN THE COURT OF COMMON PLEAS OF = CUMBERLAND COUNTY, PENNSYLVANIA Y. = CIVIL ACTION - LAW : NO. 04 -!:1i2 CIVIL TERM : IN DIVORCE .I0ANN It. EICHELBERGER, Defendant .NOTICE 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 in 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 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, 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 HELP. Cumberland County Bar Association 2 liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 KEITH A. EICHELBERGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA Y. : CIVIL ACTION. LAW JOANN It. EICHELBERGER. Defendant : NO. 04 . _ CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(C) OF THE DIVORCE CODE NOW, comes the plaintiff, by his attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Keith A. Eichelberger, an adult individual residing at 604 South Spring Garden Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Joann K. Eichelberger, an adult individual residing at 604 South Spring Garden Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on May 2, 1998, in Carlisle, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301 (c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 2 6. The plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties and for such further relief as your Honorable Court may deem equitable and just. 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 falsification to authorities. December 20, 2004 ~~~~~ , HAROLD S. IRWIN, III Attorney for plainti 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 3 j."- ~\': ' {>-~..j (~)' , (i)f' LU~ 1-- L~~=l ~ ~~ - I- /--= :.~~ C."; c":,,! '''.; c:.) C\J r _, J I' l,:J r- C() \...~) r:2 .- 3 H ":r fi~ o ::>.. V) 'D <Y) - ~ pO- ~ "'-- ;:;:: ""Gel....: ! ~. c-! ~ ~ -' c:J ~ - " -:;.. '- r-:: - . (.,:: KEITH A. EICHELBERGER, Plaintiff : IN THE COUR1' OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Y. : CIVIL ACTION. LAW .JOANN K. EICHELBERGER, Defendant : NO. 04 - 6382 C:IVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 a NOW, Harold S. Irwin, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the above captioned action in divorce. 2. That a certified copy of the complaint in divorce was served upon the defendant on or about December 23, 2004, by certified mail, addressed to the defendant at 604 South Spring Garden Street, Carlisle, PA 17013, return receipt No. 70033110000457754252. 3. That a copy of the signed receipt for certified mail is attached hereto. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subjeclt to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsific"on to authorities. 7~ ~ (/:t --T~7A -- /~L/<-A? C.V' ~rold S. Irwin, III ' , Attorney for plaintiff"",,~ December 27, 2004 64 South Pitt Strf!et Carlisle, PA 17013 717 -243-6090 Supreme Court II> No. 29920 ru Ll1 ru :T U.S. Postal Service CERTIFIED MAIL" RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Ll1 l"- I"- Ll1 ~~~. Cl R eel Delivery Fee r'I (En orsemenl Required) r'I f'Tl 1 Total Postage & Fees f'Tl Cl 0 ~ ~~'A~-..J;QAt\~--K-.-Ei-cbcLbl-- I!!.::..____.__._.______________ ~.-, "fit. No., ~!:~_~_~:_.__~P__f_5._J2p_~i. _ A~J~~_~:I.._____m__ CIty, State, ZlP+4 r . 701 . . ;., EXHIBIT "A" -~ ~ ( I. ) ~ I ) Q r-..: s: ; ,) -"rl , , , ' : C" ) -_,,'ll --, r) p", KEITH A. EICHELBERGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW .JOANN K. EICHELBERGER, Defendant : NO. 04 . 6382 CIVIL TERM : IN DIVORCE AFFDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed in this matter on or about December 20, 2004. Service of the complaint was made by certified mail, return receipt requested, restricted delivery, on December 23, 2004 (see affidavit of service previously filed). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. ~_. ~ ~ _ ~ AugUSt~OO6 ______~~ ~ TH EI HELBERGER WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33011c) OF THE DIVORCE CODE 1. 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. Section 4904 relating to unsworn falsification to authorities. AUgUSt~006 dERG~ '-' ...~-. ' ~--..) ~-~~ -... -~ KEITH A. EICHELBERGER, Plaintiff I IN THE COURT OF COM liON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA . . Y. I CIVIL ACTION. LAW . . .JOANN It. EICHELBERGER, Defendant I NO. 04 - 6382 CIVIL TERM I IN DIVORCE AFFDAVlT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed in this matter on or about December 20, 2004. Service of the complaint was made by certified mail, return receipt requested, on December 23,2004 (see affidavit of service previously filed). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. 3. J consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. 1J.~5 / , .2006 \ WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 fc) OF THE DIVORCE CODE 1. 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. Section 4904 relating to unsworn falsification to authorities. I.JP5 ,2006 s; 5 <-- -;:::~'..1 -----,..- ,J.>,..p o -1'\ .....\ -j:-r"' '\:~~~~} \ r--:> ...%f,; __I 2' 3:. r:-? o .:;:- HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-8090 ATTORNEY FOR PLAINTIFF KEITH A. EICHELBERGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Y. : CIVIL ACTION - LAW .JOANN K. EICHELBERGER, Defendant : NO. 04 . 6382 CIVIL TERM : 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: 1. Ground for divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: On or March 22, 2006 defendant was served with a copy of the divorce complaint by U.S. Certified Mail (see Affidavit of Service previously filed). 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301 (c) of the Divorce Code: By the plaintiff: August 31,2006 By the defendant: December 25, 2006 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (b )(2) Date of filing and service of the plaintiffs affidavit upon the defendant: N/A. 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: N/A. (b) Date plaintiffs Waiver of Notice in Section 3301 (c) divorce was filed with the Prothonotary: January 2, 2007 Date defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: January 2, 2007 January 2, 2007 f--..> = C":::J -.... (...., ~... ..."~ o -q --I ;:i1:!J r- eIJ ~ S'T~ . -'r-, () "-: iT1 "-<."./ --.; > ~lJ -< I N f'\,) o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Keith A. Eichelberger 63<i?;;L .6312 2004 Plaintiff No. VERSUS Joann K. Eichelberry~~ Opfpnd"'lnt DECREE IN DIVORCE x- r3:'O 1-tV/- ~7 , IT IS ORDERED AND AND NOW'-F- .. ~ 3 Keith A. Eichelberqer DECREED THAT , PLAI NTI FF, AND Joann K. Eichelberger , 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; None. J ,.I ATIES{3~ PROTHONOTAR: ,;h/ }' /fJr>rW ''rU'' -"t?I'7JP'?f"'~? j? ,~, ... .;011 4-~aJ " i' '''V " L/ ~. ,;71/ r. v . ,~ (}7 L / ' tJ7' {, I KEITH A. EICHELBERGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LA W : IN DIVORCE JOANN K. EICHELBERGER, Defendant : NO. 04 - 6382 CIVIL TERM NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter, having been granted a Final Decree in divorce from the bonds of matrimony on the 3rd day of January, 2007, hereby elects to retake and hereafter use her previous name of Joann Keeney, and gives this written notice avowing her intention in accordance with the provisions of 54 Pa.C.S. ~ 704. / Wishes To Be Known As: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On the 8th day of February, 2007, before me, a Notary Public, personally appeared Joann K.Eichelberger , 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 THEREOF, I have hereunto set my hand and Notarial Seal. N~I ~ l ~ g ~ ~ ~ -;? 5 ,:>-. -r"\ :Coon ~ -0 OJ .f: f\! I'." ~ rn~ Z>~'.l'" zc rv :.B?t ~ Cf) ,i' C) .-!::..,.. ~ ~~~. -'44'"' ~ :2 -:r- -r\ 4.1,,' ':>~ "- -"'" "70 . /-..'0 Om ~ 'Pc: C.f! ~ t z ~ CJ ::1 (.0) c::> i . \ ,1\ j~t.Jq vqf\:rn.~.~lI.t'f . ~l\ ,,'J6AA1IHtlMu:l.. ~j"s~.3