HomeMy WebLinkAbout06-1398Elwood J. Yohe II
Plaintiff
V.
Heather A. Yohe
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.44 - / 3 0? CIVIL TERM
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 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 the divorce is indignities or irretrievable breakdown of the
marriage, you may request counseling. A list of marriage counselors is available in the Office
of the Prothonotary, at the Cumberland County Courthouse, One Courthouse Square, Carlisle,
Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYERS' 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 OF 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, PA 17013
(717)249-3166
Elwood J. Yohe II
Plaintiff
V.
Heather A. Yohe
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NO. OL - /3 98 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
COMPLAINT UNDER SECTION 3301 (C) OF THE DIVORCE CODE
Plaintiff is Elwood J. Yohe II, an adult individual who presently resides at 63 Red Shed
Road, Shippensburg, Cumberland County, Pennsylvania.
2. Defendant is Heather A. Yohe, an adult individual who presently resides at 60 Fairview
Street, Newville, Cumberland County, Pennsylvania.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of
Pennsylvania for at least six (6) months immediately previous to the filing of this
Complaint.
4. The Plaintiff and Defendant were married November 6, 1999 in Cumberland County,
Pennsylvania.
COUNT I - DIVORCE
5. Plaintiff hereby incorporates by reference paragraphs I through 4 above.
6. Plaintiff avers that the marriage between the parties is irretrievably broken.
The Plaintiff has been advised of the availability of counseling and that he may have the
right to request that the court require the parties to participate in counseling.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in
divorce.
COUNT H - DIVISION OF PROPERTY
8. Plaintiff hereby incorporates by reference paragraphs I through 7 above.
9. The parties have acquired automobiles, bank accounts, home fiunishings and other
items of miscellaneous property during the course of the marriage, some of which is
marital property.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in
which the distribution of marital property stays as presently is with the exception of the car and
computer which is in Defendant's possession. Plaintiff asks that these items be refinanced in
Defendant's name so that he is not liable for them.
Respectfully submitted,
Date:
El d Ao?Tohe H
VERIFICATION
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.
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Elwood J. Yohe 11 : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 2ooln -)398
Heather A. Yohe CIVIL ACTION -DIVORCE
Defendant
The undersigned makes the following return of service: the Complaint in Divorce was
served upon Heather A. Yohe, the Defendant, on March 16. 2006 at 60 Fairfield Street, Newville,
Cumberland County, Pennsylvania. The signed acceptance of service is attached hereto as Exhibit
1.
SIGNATURE AND AFFIDAVIT
I verify that the statements made in this affidavit and return of service are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904
relating to unworn falsification to authorities.
Respectfully submitted,
Dated April 4, 2006
¦ 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 mailpisce,
or on thdW if space permits.
1. Mole Ad6wed to:
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B. Received by (P1lntsd Nerve) I C. Date of Delivery
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3. Service Type
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0 Insured Mail 0 C.O.D.
4. Restricted Delivery? lt7dre Fee) 0 Yes
2. Article Number 7005 2570 0000 3802 9983
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PS Form 3811, February 2004 Domestic Return Receipt 102595-e24,14540
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ELWOOD J.YOHE, II
Plaintiff
VS.
HEATHER A. YOHE,
Defendant
IN THE COURT _OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 06 - 1398 Civil Term
ACTION IN DIVORCE
NOTICE TO RESUME PRIOR SURNAME.
To the Prothonotary:
Notice is hereby given that the Plaintiff in the above matter:
X_ prior to the entry of a Final Decree in divorce.
OR after the entry of a Final Decree in Divorce
hereby elects to resume the prior surname of RAISIG avowing her intention pursuant to the
provisions of 54 P.S. s704.
Date:
?Q1
// Heather A. Yohe
Prior Name
Heather A. Raisig
Signature of Name being resumed.
COMMONWEALTH OF PENNSYLVANIA
):SS
COUNTY OF CUMBERLAND )
On this, the S? day of OC,7fr;?, 2006 before me, the undersigned officer,
personally appeared Heather A. Yohe/Heather A. Raisig personally known to me, (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereun et my hand and offieia seal.
My commission expires:
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Jane Adams, Notary Public
Carlisle Boro, Cumberland County
MY Commission Expires Sept. 6, 2008
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Elwood J. Yohe II IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 06-1398 CIVIL TERM
Heather A. Yohe CIVIL ACTION-LAW
Defendant IN DIVORCE
AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE
1. The parties to this action separated on April 7, 2005 and have continued to live
separate and apart for a period of at least two years.
2. The marriage of Plaintiff and Defendant is irretrievably broken.
3. 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.
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 unworn
falsification to authorities.
Date G / -v
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Elwood J. Yohe II IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 06-1398 CIVIL TERM
Heather A. Yohe CIVIL ACTION-LAW
Defendant IN DIVORCE
NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE
TO: HEATHER A. YORE, Defendant
You have been sued in an action for divorce. You have failed to answer the complaint or
file a counter-affidavit to the Plaintiffs affidavit. Therefore, on or after May 4, 2007, the Plaintiff
can request the Court to enter a final decree in divorce.
If you do not file with the Prothonotary of the Court an answer with your signature
notarized or verified or a counter-affidavit by the above date, the Court can enter a final decree in
divorce. Unless you have already filed with the Court a written claim for economic relief, you
must do so by the above date or the court may grant the divorce and you will lose forever the
right to ask for economic relief. A COUNTER-AFFIDAVIT WHICH YOU MAY FILE
WITH THE COURT IS ATTACHED TO THIS NOTICE.
UNLESS YOU HAVE ALREADY FILED WITH THE COURT A WRITTEN
CLAIM FOR ECONOMIC RELIEF, YOU MUST DO SO BY THE ABOVE DATE OR
THE COURT MAY GRANT THE DIVORCE AND YOU WILL LOSE FOREVER THE
RIGHT TO ASK FOR ECONOMIC RELIEF. THE FILING OF THE FORM
COUNTER-AFFIDAVIT ALONE DOES NOT PROTECT YOUR ECONOMIC CLAIMS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OF CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Lawyer Referral Service
Cumberland County Court Administrator
4`' Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717)240-6200
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Elwood J. Yohe II
Plaintiff
v.
Heather A. Yohe
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-1398 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF
THE DIVORCE CODE
1. Check either (a) or (b):
(a) I do not oppose the entry of a divorce decree.
(b) I oppose the entry of a 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.
2. 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 if I do not claim them before a divorce is granted.
(b) I wish to claim economic relief which may include alimony, division of
property, lawyer's fees or expenses or other important rights.
I UNDERSTAND THAT IN ADDITION TO CHECKING (B) ABOVE, I MUST
ALSO FILE ALL OF MY ECONOMIC CLAIMS WITH THE PROTHONOTARY IN
WRITING AND SERVE THEM ON THE OTHER PARTY. IF I FAIL TO DO SO
BEFORE THE DATE SET FORTH ON THE NOTICE OF INTENTION TO REQUEST
DIVORCE DECREE, THE DIVORCE DECREE MAY BE ENTERED WITHOUT
FURTHER DELAY.
r •
I verify that the statements made in this counter-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
Heather A. Yohe
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Elwood J. Yohe II IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 06-1398 CIVIL TERM
Heather A. Yohe CIVIL ACTION-LAW
Defendant IN DIVORCE
CERTIFICATE OF SERVICE
I, Elwood J. Yohe II, hereby certify that I served a true and correct copy of both the
Notice of Intention to Request Entry of Divorce Decree and Defendant's Counter-Affidavit, on
Heather A. Yohe, residing at 811 Factory Street, Carlisle PA 17013, by depositing a copy of the
same in the United States mail, certified, return receipt requested, on April 11, 2007.
KYO lwoo
• 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:
He-h+htr
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B. Received by (Printed Name) C. Date of Deliv
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D. is delivery address different from item 1? ? Yes
If YES, enter delivery address below: ? No
3. Service Type
&ebertified Mail ? Express mail
? Registered 0 Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
2. ArticleNumber
ft 7006 2760 0002 7414 1425
(frar?Yr ftwm aervk? &W PS Form 3811, February =4 Domestic Return Receipt 102595-02-WI540
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Elwood J. Yohe II IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 06-1398 CIVIL TERM
Heather A. Yohe CIVIL ACTION-LAW
Defendant IN DIVORCE
To the Prothonotary:
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 (d)(1) of the
Divorce Code.
2. Date and manner of service of the complaint: Mailed to Defendant on March 15,
2006 by U.S. certified mail, return receipt requested, and served on Defendant on
March 16, 2006.
3. Date of execution of the Plaintiff's affidavit required by 3301(d) of the Divorce
code: April 11, 2007.
4. Date of filing and service of the Plaintiffs affidavit upon the Defendant: Filed on
April 11, 2007, and mailed to Defendant on April 11, 2007 by U.S. certified mail,
return receipt requested.
5. Related claims pending: None.
6. Date and manner of service of the Notice of Intention to file Praecipe to Transmit
Record, a copy of which is attached: Mailed to Defendant on April 11, 2007 by
U.S. certified mail, return receipt requested.
Date: 6
lwood J. a II,
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ELWOOD J. YOHE II IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
HEATHER A. YOHE NO. 2006 - 1398 CIVIL TERM
CIVIL ACTION -LAW
ORDER OF COURT
AND NOW, this 9TH day of MAY, 2007, it appearing to the court that the
complaint was not properly served in accordance with Pa.R.C.P. 1930.4 (c), the request
for the entry of a divorce decree is DENIED without prejudice.
/wood J. Yohe II
1 Claremont Road
c/o Cumberland County Prison
Carlisle, Pa. 17013
/e,ather A. Yohe-Raisig
Factory Street
Carlisle, Pa. 17013
sld
Edward E. Guido, J.
911 -. Z1 lt:1 01 ,k!Ild, L 0 0 Z
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Elwood J. Yohe II IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 06-1398 CIVIL TERM
Heather A. Yohe CIVIL ACTION-LAW
Defendant IN DIVORCE
PRAECIPE TO REINSTATE/REISSUE
To the Prothonotary:
( )Reissue writ
( X )Reinstate Complaint
Date: -?-
Elwo". e R
Address
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Elwood J. Yohe II IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 06-1398 CIVIL TERM
Heather A. Yohe CIVIL ACTION-LAW
Defendant IN DIVORCE
NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE
TO: HEATHER A. YOHE, Defendant
You have been sued in an action for divorce. You have failed to answer the complaint or
file a counter-affidavit to the Plaintiff's affidavit. Therefore, on or after June 25, 2007, the
Plaintiff can request the Court to enter a final decree in divorce.
If you do not file with the Prothonotary of the Court an answer with your signature
notarized or verified or a counter-affidavit by the above date, the Court can enter a final decree in
divorce. Unless you have already filed with the Court a written claim for economic relief, you
must do so by the above date or the court may grant the divorce and you will lose forever the
right to ask for economic relief. A COUNTER-AFFIDAVIT WHICH YOU MAY FILE
WITH THE COURT IS ATTACHED TO THIS NOTICE.
UNLESS YOU HAVE ALREADY FILED WITH THE COURT A WRITTEN
CLAIM FOR ECONOMIC RELIEF, YOU MUST DO SO BY THE ABOVE DATE OR
THE COURT MAY GRANT THE DIVORCE AND YOU WILL LOSE FOREVER THE
RIGHT TO ASK FOR ECONOMIC RELIEF. THE FILING OF THE FORM
COUNTER-AFFIDAVIT ALONE DOES NOT PROTECT YOUR ECONOMIC CLAIMS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OF CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Lawyer Referral Service
Cumberland County Court Administrator
4' Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717)240-6200
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Elwood J. Yohe II IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 06-1398 CIVIL TERM
Heather A. Yohe CIVIL ACTION-LAW
Defendant IN DIVORCE
AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE
1. The parties to this action separated on April 7, 2005 and have continued to live
separate and apart for a period of at least two years.
2. The marriage of Plaintiff and Defendant is irretrievably broken.
3. 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.
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 unworn
falsification to authorities.
Dates ? - 6-
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Elwood J. Yohe II IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 6b -13% CIVIL TERM
Heather A. Yohe CIVIL ACTION-LAW
Defendant IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER SECTION 33011 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, lawyers' 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 the 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 unworn
falsification to authorities.
let"
Date: S =? a - e, -:;)
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Elwo e II
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Elwood J. Yohe II IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 06-1398 CIVIL TERM
Heather A. Yohe CIVIL ACTION-LAW
Defendant IN DIVORCE
DEFENDANT'S COUNTER AFFIDAVIT UNDER SECTION 3301(d) OF
THE DIVORCE CODE
1. Check either (a) or (b):
(a) I do not oppose the entry of a divorce decree.
(b) I oppose the entry of a 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.
2. 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 if I do not claim them before a divorce is granted.
(b) I wish to claim economic relief which may include alimony, division of
property, lawyer's fees or expenses or other important rights.
I UNDERSTAND THAT IN ADDITION TO CHECKING (B) ABOVE, I MUST
ALSO FILE ALL OF MY ECONOMIC CLAIMS WITH THE PROTHONOTARY IN
WRITING AND SERVE THEM ON THE OTHER PARTY. IF I FAIL TO DO SO
BEFORE THE DATE SET FORTH ON THE NOTICE OF INTENTION TO REQUEST
DIVORCE DECREE, THE DIVORCE DECREE MAY BE ENTERED WITHOUT
FURTHER DELAY.
I verify that the statements made in this counter-affidavit are true and correct. I
understand that false statements herein are made subject tot he penalties of 18 Pa.C.S. 4904
relating to unworn falsification to authorities.
Date:
Heather A. Yohe, Defendant
NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE
DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC
RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT.
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Elwood J. Yohe II IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 06-1398 CIVIL TERM
Heather A. Yohe CIVIL ACTION-LAW
Defendant IN DIVORCE
Acceptance of Service attached.
640 -1388
ACCEPTANCE OF SERVICE
I, Heather A. Yohe-Raisig, accept service of the Divorce Complaint, Notice of Intention
to Request Entry of Divorce Decree, and Counter Affidavit.
o.teJ6 i ?0-7 ldo n£IhonL1A0 a
Heather A. Yohe-Raisig ' ? 1
Address
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Elwood J. Yohe II IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 06-1398 CIVIL TERM
Heather A. Yohe CIVIL ACTION-LAW
Defendant IN DIVORCE
CERTIFICATE OF SERVICE
I, Elwood J. Yohe II, hereby certify that I served a true and correct copy of both the
Divorce Complaint, Notice of Intention to Request Entry of Divorce Decree and Defendant's
Counter-Affidavit, on Heather A. Yohe, residing at 811 Factory Street, Carlisle PA 17013, by
hand delivering a copy of the same to Heather A. Yohe by Elwood J. Yohe I on June 1, 2007.
Elwo J. ohe H
C? a
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
Plaintiff
No. 06-1398
VERSUS
HeathEtr A Yohe'
Defendant
DECREE IN
DIVORCE
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ojto-? *1 (0
AND NOW, ,X07 , IT IS ORDERED AND
DECREED THAT Elwood J. Yohe II , PLAINTIFF,
AND Heather A. Yohe 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
RT:
ATTEST: J.
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?y PROTHONOTARY
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