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HomeMy WebLinkAbout06-4101 JESSICA J. EICHELBERGER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. a- 'I/tJ/ Civil Term MILES M. EicHELBERGER, Defendant : ACTION 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. Where the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER'S,FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 St. Carlisle, Pa. 17013 (717) 249-3166 JESSICA J. EICHELBERGER, . Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. t)~ .<;101 Civil Term MILES M. EICHELBERGER, Defendant : ACTION IN DIVORCE COMPLAINT IN DIVORCE I. Plaintiff is Jessica J. Eichelberger, a competent adult individual, who has resided at Lot 133 Conodoguinet Mobile Estates, Newville, Cumberland County, Pennsylvania, since 2000. 2. Defendant is Miles M. Eichelberger, a competent adult individual, who has resided at Lot 161 Conodoguinet Mobile Estates, Newville, Cumberland County, Pennsylvania, since May 2006. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on November 20, 2003 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has 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. 7. Plaintiff and Defendant have no children together. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces ofthe United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is h:retrievably broken. WHE.REFORE, Plaintiff requests the court to enter a decree in divorce. 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. 94904 relating to unsworn falsification to authorities. Date: 1 ~ r~/Ole Adams, Esquire No. 79465 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF " -- ~ ~~ ~ '- ~ <Q. '^ ~ '" '!lo.... ~ - ~, ~ ~~ '\~ .~ ~ ,~j'" -.- , .-- ~ - L,"~J JESSICA J. EICHELBERGER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 06 - 4101 Civil Term MILES M. EICHELBERGER, Defendant : ACTION IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this August 4,2006, I, Jane Adams, Esquire, hereby certify that on July 22, 2006 a certified true copy of the NOTICE TO DEFEND AND DIVORCE COMPLAINT was'served, via certified mail, return receipt requested, addressed to: Miles M. Eichelberger Lot 161 CME Newville, Pa. 17241 . Complete Items 1, 2, and 3. Also complete Item 4 n R-.d DeIlvery Is deolred. " . PrInt your name and addr88s on the I8V8nl8 80 that we can return the card to you. . AItach this card to the back of the maIIpIece, or on the front n spIlC8 permits. 1. ArtIcle Addreaed to: HILES M, EICHELBERGER T"OT 161 CME NEWVILLE p~ 17241 3._~ ~ Moll [J expr.. MsH [J Reg_ [J R8Ium ~ for Msrch8nd1l8 [J _ MsII [J C.O.D. 4. ,.... ..hod Delivery? jE<t18 Foe) l. _ Number (IIonsiIr from -1IIbeI) PS Form 3811, February 2004 7005 1&20 0002 4b1~ 2078 ~ _ -. .-.......,... e Adams, Esquire I. . No. 79465 4 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF .:'i ~\ j>.,,; ;,:j;1 JESSICA J. J;:ICHELBERGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06 - 4101 Civil Term MILES M. EICHELBERGER, Defendant ACTION IN DIVORCE NOTICE TO RESUME PRIOR SURNAME. To the Prothonotary: Notice is hereby giverf 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 WAHL avowing her intention pursuant to the provisions of 54 P.S. s704. Date: 0 (!} I J (PI 0tJcJ&, COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND ) On this, the / {p day of CX'!izber , 2006 before me, the undersigned officer, personally appeared Jessica J. Eichelberger/Jessica J. Wahl 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. COMMONWEALTH OF PENN::iYLVM,^ NOTARIAL SEAL . DEBORAH WARREN. Notary Public Shlppellsburg Twp., Cumberlan~ C~= My Commission Expires Nov. I IN WiTNESS WHEREOF, I hereunto set my hand and official seal. ~al/j1JL/l QA ) Notary Public My commission expires: J)-rf-oq ,~ r.:J c;:) ~ c:::;l C7'" , ~ ~to <=> ~~ '-J rn ("") ~' -J " ~ ze: ~J.; (X) :oy r::r""' SCl ~ ~>...-.. "- \ ~c -0 ..,.\ ~ ~ :x tyon ~() -'7 (") ~ C ~ i'SIi1 " ~ :-1 "'<.\ "'" ~ ~ Cl "D c:> =< ~ ~ JESSICA J. EICHELBERGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06- 4101 Civil Term MILES M. EICHELBERGER, Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT I. A complaint in divorce under section 3301(c) ofthe Divorce Code was filed on July 14,2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service ofthe Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: /j. I " WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER li\3301(c) AND &3301(d) OF THE DIVORCE CODE I. I consent to 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 ciaim 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. 94904 relating to unsworn falsification to authorities. Date: II_ /. G I ~ ~ ,~.... ;'1~ \ 0"' -0 - - ~ -- c.f'\ -l - -~---------- JESSICA J. EICHELBERGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06-4101 CivilTerm MILES M. EICHELBERGER, Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT L A complaint in divorce under section 3301(c) of the Divorce Code was filed on July 14,2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: 1/ j / I L, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) AND &3301(d) OF THE DIVORCE CODE I. I consent to entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, la\\'Yer'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. S4904 relating to unsworn falsification to authorities. Date: I' I G ~ 0 c::' -n <:.:F' N 4"] -'" ,-r\ C JESSICA J. EICHELBERGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06 - 4101 Civil Term MILES M. EICHELBERGER, Defendant ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under 93301(c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Via restricted delivery, return receipt requested, received on July 22, 2006. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: November 1,2006. By Defendant: November 1, 2006. 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: November 2,2006. Date Plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: November 6, 2006. Date: 1/ It I? Respectfully Submitted: Udo/w-- e Adams, Esquire 1.D. No. 79465 64 S. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff ~ t:.:.:~,;) ~ (') :=:1 -0 -..:;." ~v. \ C" - (J1 0' 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; ~ ~ ~~~ ~~~~ ~~~~ ~~~~~ ~~ ~~~~~ ~~~~~~~~~~~~~~~ ~~~~~~ ;t;'l; ~ ~ ~ 3i Of. Of. Of. ~ Of. Of.3i Of. 3i Of. Of. Of. Of. Of. !f.Of.~ !f.!f.~~~Of.~0f.0f.0f.0f.~ Of. ~Of.~ ~ 3i 3i IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. Jessica J. Eichelberger, Plaintiff No. ~-- 4101 Civil Term No. VERSUS Miles M. Eichelberger, Defendant DECREE IN DIVORCE '\ ~ () ~ t.. "'" \ t. .[ ?J><j (a , , AND NOW, IT IS ORDERED AND Jessica J. Eichelberger, nIkIa Jessica J. Wahl DECREED THAT , PLAI NTI FF, Miles M. Eichelberger AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. None. Of. !Ii !Ii !Ii !Ii !Ii !Ii !Ii !Ii !Ii !Ii !Ii !Ii !Ii !Ii !Ii !Ii Of. !Ii ~!Ii~Of.!Ii!liOf.Of. Of.~~~0f.~0f.~ BYTHECOUi U~ ~ - - \ AmST ~. ~- ( - PROTHONOTARY Of. ~ ot' ot' ot' ot' ot' ot' J. _ J:Ifr 2 ~"" ~U-. ",(J- Y -II ~/tJ r 7~~ -Pl ?iJ->I-/1 .... .. . ,.. . \ :~ '-. .