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Home My WebLink About05-5912 . HAROLD S. IRWIN, III, ESQUIRE ArrDRNEY ID NO. 29820 84 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-8090 ATTORNEY FOR PLAINTIFF JODIE L. ETTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 2005 ':;"1/)., CIVIL TERM DWAIN W. ETTER, Defendant : IN DIVORCE 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 32 South Bedford Street Carlisle, Pennsylvania 17013 717-243-3166 . JODIE L. ETTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 2005 -5'Q/:z.cIVIL TERM DWAIN W. ETTER, Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 Utl OF THE DIVORCE CODE NOW, comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Jodie L. Etter, an adult individual residing at 6 Montadale Drive, Dillsburg, York County, Pennsylvania 17019. 2. The defendant is Dwain W. Etter, an adult individual residing at 140 Bridge Road, Newville, Cumberland County, Pennsylvania 17241. 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 November 5, 1993, in Frederick, Maryland. 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. . 6. The plaintiff avers that she has been advised of the availability of counseling and that she 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 two parties. I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. November 11.. 2005 ROLO S. IRWIN, III Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court 10 No. 29920 0 ...., 0 C~ c~ c,;:) -" ""' ",'~' :;:! (', 23 ~:;@ -:: Ul :.':Jc) . "T, h " ::;.:: (:5 ~r.- (j , .JODIE L. ETTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : NO. 2005 -SCt /;1- CIVIL TERM DWAIN W. ETTER, Defendant : IN DIVORCE PLAINTIFFWS MARRIAGE COUNSELING AFFIDAVIT The plaintiff, 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 Prothonotary's Office, 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. November J1, 2005 ~ '" (>> - -> C -^> "" ~ -- '" ~ ~ ? -- ~ c ,,- , <:. '"' .-" = "";:.~ -;.:.n -- c~ -: , . cJ1 o -n _-1 +:D f,l f'-: -nCl.! - "~\ "-...... ,'j C;') ::l ~T. -j') .~ ',~-) , .)p-l ',~--I ";,. ~~ (-, '~' ,.~ ~ _.~.. C;-? .r:- C"\ .JODIE L. ETTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 2005 - 5912 CIVIL TERM DWAIN W. ETTER, Defendant : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (M(1l(tl 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 November 16, 2005, by certified mail addressed to the defendant at 140 Bridge Road, Newville, Pennsylvania 17241, certified mail No. 70041350000372884967. 3. A copy of the sender's and return receipts are attached hereto. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, . I relating to unsworn falsification to authorities. November 17, 2005 ..4 '. .; -Y L ,. :" . I (./ ( ~/ '--"'- Harold S. Irwin, III Attorney for plaintiff / /' 64 South Pitt Street Carlisle, PA 17013 717-243-6090 Supreme Court 10 No. 29920 . f'- ..LI rr ;;r- U.S. Postal Service," CERTIFIED M'AIL;::"RECEIPT (Domestic Mail Only; No Insurance Coverage pro.,ided) <0 <0 ru f'- Postage rn o o D Retum Reclept Fee (Endomemern Requ"ed) D Restricted Delivery Fea Lfl (Endorsement Required) rn "" CartJIJed Fee Postmark Here Total Postage & Fees $ ;;r- Onto ;:2 Sfiii6f.-Aiif"fit~.---~------------_.._-------_._------ ~~~:.~~~-Q..~~_~_~mmm._______m_.m SENDER: COMPLETE THIS SECTION COMPLETE THIS Sf. C nON ON DELIVERY . 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 return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Signature ~.nt b Addressee x -- ~, Received b~ (Printed Name) D ~ D. Is delivery address different from item 11 0 If YES. enter delivery address below: ? No DWAIN ETTER 140 BRIDGE ~OAD NEWVILLE PA 17241 3. Service Type .....o.eertlfied Mail ;;1:f Registered o Insured Mall o Express Mail o Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) ~es 2. Article Number (Transfer from S8tv/ce label) PS Form 3811, February 2004 7004 1350 0003 7288 4967 Domestic Return Receipt 102595-02-M-1540 EXHIBIT "A" r-') c.::::-> L~._;J ('....-'l ~ C.') -, c') (!) (.0 .JODIE L. ETTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 2005 - 5912 CIVIL TERM DWAIN W. ETTER, Defendant : 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 November 15, 2005. Service of the complaint was made by certified mail on November 16, 2005 (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. February d, 2006 (, , ~~ t. cLiA~ JO L. ETTER WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) 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 1 B Pa.C.S. Section 4904 reiating to unsworn falsification to authorities. February .1!i, 2006 ~a~ t. Ed-- J IE L. ETTER '>.,." ~ , ------ .....----- .JODIE L. ETTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 2005 - 5912 CIVIL TERM DWAIN W. ETTER, Defendant : IN DIVORCE AFFDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was fiied in this matter on or about November 15, 2005. Service of the compiaint was made by certified mail on November 16, 2005 (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 Iter service of notice of intention to request entry of the divorce. ;J I"ellr.lIaF>\ ~2,..2006 (na'l-d. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 Ic) 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 alter 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 """"",,,. A j .1 1 :_I.".,,~ /2.2006 ~lj401 (ofl/fA--. . jYJau.jt D IN W. ETTER 'd HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 28820 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-8080 ATTORNEY FOR DEFENDANT .JODIE L. ETTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 2005 - 5912 CIVIL TERM DWAIN W. ETTER, Defendant : 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 about November 16, 2005, defendant was served with a copy of the divorce compiaint by 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: FEBRUARY 24, 2006 By the defendant: MARCH 12, 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 plaintiff's 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 plaintiff's Waiver of Notice in Section 3301 (c) divorce was filed with the Prothonotary: MARCH 13, 2006 Date defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: MARCH 13, 2006 HAROLD S. IRWIN, III Attorney for Plaintiff March 13, 2006 . . . . . + + + + + + . + + + + + . + . . . . . . . + + . . . . . . . + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + . + + + + + . + + . + + + + + + + + + + + + + + + + + +'4' ~ ~ ~ .+ . .. ++. .. + + + ~~ ~~ ~~~ ~ ~~~ ~~~ ~~~+~ ~~:I''+ + IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF JODIE L. ETTER Plaintiff VERSUS DWAIN W. ETTER Defendant AND NOW, PENNA. No. 2005 - 5912 CIVIL TERM DECREE IN DIVORCE M.~~c..'A \1 , 1.(J() (0 , IT IS ORDERED AND DECREED THAT JODIE L. ETTER , PLAINTIFF, AND DWAIN W. ETTER , 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; + + + ",+,'+''f,+,:+: ,+,;f:+:'I';+: n NONE By THE COURT: '+' ~'+';+:+'+' .+ ,+,,+,." 'f + ,+,,,,,+:,+,+++,+,++++'1'+++'+ ;f.'f~ '+' + '+':+' +. '+'. + + + + + + + + + + + + + + + + + + + + + + + + + + + . + + + + . > > + > > + > + > > > + > > + > > > + > + + + + . . . . . . . + + + . + . + + + + + + + + + + + J. + + + + + + + + + . ~7 .z ~>z""";' ~h', ":'J:J -c C' F -"?~f;m-p/,~- ~? .r9 c1fIrc-F c