Loading...
HomeMy WebLinkAbout01-4997BRENDA L. ECKER, Plaintiff TIMOTHY L. ECKER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2001- dJ~9 7 CIVIL TERM IN DWORCE 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 with 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, First Floor, 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 HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 BRENDA L. ECKER, Plaintiff TIMOTHY L. ECKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW No. 2OOl-qqq / C VIL TEP : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Brenda L. Ecker who currently resides at 1020 Wayne Avenue, Apt. 5, Carlisle, PA 17013 since 2001. 2. Defendant is Timothy L. Ecker, who currently resides at 71 Kutz Road, Carlisle, PA 17103 since 1985. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 11, 1982 in Dickinson Presbyterian Church, Dickinson Township, Cumberland County, PA. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiffhas 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. 8. Plaintiffrequests the Court to enter a Decree of Divorce. MARTSON DEARDORFF WILLIAMS & OTTO By. Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: August 21, 2001 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. Date: c~/'9'"~/~ / MARTSON DEAKDCRFF ~(/ILLIAMS & OTTO TEN EAST H~c;E STKE~T CARL[SLE, PENNSYLVANIA 17013 BRENDA L. ECKER, Plaintiff TIMOTHY L. ECKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-4997 CIVIL TERM IN DiVORCE AFFDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Complaint in Divorce was mailed to Defendant Timothy L. Ecker at 71 Kutz Road, Carlisle, PA 17013 on August 28, 2001 by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed" Tim Ecker" and dated August 31, 2001. Sworn to and subscribed before me this 3flday of September, 2001. NOTARIAL $EAL T~OIA D, ~OKENROAD, No~ Publlo .~l!fll~le %to. _CumberLand C~unty I~ ~;~n,n,,ssion .... ~- x~' es Oct. 23, 2004 Restricted Delivery Fee ~'3,20 $7,37 · Comp~te item~ 1, 2, and 3. AI~o cxa~ete Item 4 If Reacted Delive~ I~ de~. · Print your name and addree~ on the reveme so that we can tatum the card to you. If YES, eater ~/e~y addma~ below: r-INo BRENDA L. ECKER, Plaintiff V. TIMOTHY L. ECKER, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2001-4997 : IN DIVORCE CIVIL TERM 27,2001. .AFFIDAVIT OF CONSENT A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on August Date: /~ - 7'O/ 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety 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. 4. 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. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) AND § 3301 (d) OF THE DIVORCE CODy; 1. I consent to thc entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses ifI 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 ~opy 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 and waiver 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. ~Brenda L. Ecker, Plaintiff RECEI\/EL, BRENDA L. ECKER, Plaintiff TIMOTHY L. ECKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-4997 CiVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code xvas filed on August 27, 2001 . I acknowledge receiving a tree and correct copy of the Divorce Complaint, said copy being served upon me by Certified Mail, Restricted Delivery, on August 31, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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. 4. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301(d) 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, lawyers fees or expenses ifI 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 and waiver 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. ~/~; ~ Date: /~/.- 6 - o / T~n~~r, Defe~'~a~t 5 BRENDA L. ECKER, Plaintiff V. TIMOTHY L. ECKER, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-4997 IN DIVORCE CIVIL TERM PRAECIPE TO TRANSMIT RECORD 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: See Affidavit of Service as filed. 3. Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c) of the Divorce Code; December 7, 2001; by the Defendant; December 6, 2001. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: December 12, 2001. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: December 13, 2001. MARTSON DEARDOREF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: December 21, 2001 IN THE COURT OF COMMON PLEAS Of CUMBERLAND 'COUNTY STATE Of ~ PENNA. BRENDA L. ECKER, ................... Plaintiff Versus ............................... D~fen~l~nt. .... 20.01.-_499.2 .................. 19 DECREE /EN DIVORC AND NOW, ~..~ "L.'I xlx92~l.., it is ordered and plaintiff, decreed that .............. .~..~A~...~ L:..E~...K~R. .................. TIMOTHY L. ECKER defendant, and .......................................................... 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; ........ ~e... ............. · ................... ~i;;;~': ............................ I-'! ................................ BRENDA L. ECKER, Plaintiff TIMOTHY L. ECKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-4997 IN DIVORCE CWIL TERM NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter, having been granted a Final Decree in Divorce on the 27h day of December, 2001, hereby elects to resume the prior surname of Brenda L. Tritt, 1020 Wayne Ave., Apt. 5, Carlisle, PA 17013 and gives this written notice pursuant to the provisions of 54 P.S. § 704. Date: //7/FJ~,Z i~a~re c~ ~/~ ~Signature e~eing resumed COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On the ,~qd~ day of ~/~ ,2002, before me, a notary public, personally appeared the abo~ affiant'k~wn 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. NOTARIAL SEAL TRICIA D. ECKENROAD, Notary Public Cattlsle %ro., Cumberland County MY C~m~,,~sion Exp res ~c.[ 23,.2004