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Home My WebLink About07-0447 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-lJ'/7 Q.U.d T.u- ELEANOR G. WEIGLE, Plaintiff DAVID M. WEIGLE, Defendant CIVIL ACTION - LAW 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 verification 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 at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 or 800-990-9108 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- '-1'11 ~ T::- ELEANOR G. WEIGLE, Plaintiff DAVID M. WEIGLE, Defendant CIVIL ACTION - LAW DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Eleanor G. Weigle, an adult individual whose current mailing address is 120 East Lauer Lane, Camp Hill (Cumberland County), Pennsylvania 17011. 2. Defendant is David M. Weigle, an adult individual whose current mailing address is 120 East Lauer Lane, Camp Hill (Cumberland County), Pennsylvania 17011. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on August 7, 1964, in Harrisburg, Pennsylvania. 5. Plaintiff and Defendant have two adult children: Elizabeth Weigle (DOB 2/3/68) and Mark Weigle (DOB 11/28/69). 6. There has been no prior action for divorce or annulment between the parties. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 8. Defendant is not a member of the Armed Services. 9. Plaintiff avers that the ground on which the action is based is the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a Decree in Divorce dissolving the marriage between the parties pursuant to Section 3301 (c) of the Divorce Code of 1980, as amended. Respectfully Submitted, Eliza th A. Hoffman Attorney for Plaintiff 106 Walnut Street Harrisburg, PA (717) 236-2956 10 #71000 VERIFICATION I verify that the information provided in the attached document is true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S.A. 94904, relating to unsworn falsification to authorities. Date: I / /S' / tJ7 { I ... CERTIFiCATE OF SERVICE i, Elizabeth A. Hoffman, Esquire, do hereby certify that a true and correct copy of the attached complaint was sent by certified, restricted mail to the following person: David M. Weigle 120 East Lauer Lane Camp Hill, PA 17011 Date: Elizabeth A. Hoffman, Esquire Attorney for Plaintiff 106 Walnut Street Harrisburg, PA 17101 (717) 236-2956 10 #71000 (") ~ 0 = ~ <::::l ., ....., =? ~ L. ~ \) I ,~ :.:... - ,.-n nIp- ~ Z .,., ~ J1 N ;gl~ N ~~~- S~ ,-".., -lj "- " 2:;: ~~~ ~;~ "'of I..u " -",.. ~ (y' "'-l ~ '2 ::::, b. -0 ::0 (). a -< "'q ~ ......s <' .... .~ Pamela L. Purdy Attorney ID No, 85783 308 N, Second St., Suite 200 PO Box 11544 Harrisburg, PA 1 71 08 (717) 221-8303 (717) 221-8403 facsimile plpurdy@verizon,net Attorney for Defendant v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-447 CV ELEANOR G. WEIGLE, Plaintiff Defendant CIVIL ACTION - LAW IN DIVORCE DAVID M. WEIGLE, PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter my appearance on behalf of Defendant in the above matter. Respectfully submitted, ~ L f~li- Pa ela L. Purdy Dated: WJ~ JaorJT ----- -~ CERTIFICATE OF SERVICE The undersigned hereby certifies that on the ~ day of 1tl(}IV~ -- 2007 a true and correct copy of the foregoing document was served by first- class mail, postage prepaid, upon the following: Elizabeth A. Hoffman, Esq. 106 Walnut Street Harrisburg, PA 17101 {~Y~{k Pamela L. Purdy U o ~; "':.' -,,C.. ,....:l c-::J ,::::) _" ~;... """",,'"lfO ~-'-'~S' ....".-,.~ ,~..,.; ..J So -\ :":: -r1 (\l? ..-c '\!': "\ \__.1 - N ),0 -r1 ....,.,--" .....:,,"" c,) \,.J - FlLEO-OFFICE OF 1'HE PPDTNO~iOTA;PY vs r~~~~~~A~~ ~~~~.~~,Case No. -~~ ~ ~~ PE~NSYl.4~ANIA ?~~yi~ , ,~1ei~~~. Statement of Intention to Proceed To the Court: ~~ e~j~fQ/Q 6; ~~ /rrL~, intends to proceed with the above captioned matter. Print Name ~~ ~ X A-$~Tf f Y~J~~H/Sign Name Date: /O / D / Attorney for ~~~ " • IVF/GL Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the temrination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case maybe dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases 'The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is ternunated when a party believes that it should not have been terminated, that party may proceed under Ru1e230(d) for relief from the order of termination. An example of such an occurrence might be the temunation of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of temunation on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. ,. Elizabeth A. Hoffman, Esquire 106 Walnut Street Harrisburg, PA 17101 (717) 236-2956 ELEANOR G. WEIGLE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07-447 CIVIL TERM DAVID M. WEIGLE, CIVIL ACTION -LAW Defendant DIVORCE CERTIFICATE OF SERVICE I, Elizabeth A. Hoffman, Esquire, do hereby certify that a true and correct copy of the attached complaint was sent by certified, restricted mail to the following person: Pamela Purdy, Esquire 308 North Second Street -Suite 200 P.O. Box 11544 Harrisburg, PA 17108 Date: 10/13/2010 Eliz eth A. Hoffman, squire Attorney for Plaintiff 106 Walnut Street Harrisburg, PA 17101 (717) 236-2956 ID #71000 w s Ur I'ILL ! t ; ? P r7 01 li,0 0 T, "a ! OCT f 3 P9? Elizabeth A. Hoffman, Esquire 106 Walnut Street ':LIMBERLAND CODE T Y Harrisburg, PA 17101 PENNSYLVANIA (717) 236-2956 ELEANOR G. WEIGLE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-0447 CIVIL TERM DAVID M. WEIGLE, CIVIL ACTION - LAW Defendant DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff Eleanor G. Weigle moves the court to appoint a master with respect to the following claims: (x) Divorce () Annulment () Alimony () Alimony Pendente Lite (x) Distribution of Property ()Support () Counsel Fees () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested. Plaintiff and Defendant have been separated for approximately 15 years. They jointly own two properties which they bought while living together. (2) Defendant, the non-moving party, has appeared in the action by his attorney, Pamela Purdy, Esquire. (3) The statutory grounds for divorce is currently Sections 3301(c) as Plaintiff has yet to file under Section 3301(d) of the Code. (4) The divorce action is apparently contested by Defendant. He refuses to execute a Marital Settlement Agreement wherein a disposition and distribution of the two properties owned by the parties are resolved. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take 1 to 2 hours at most. Date: /O h ?0 // liz th A. Hoffman Attorney for Plaintiff 2 CERTIFICATE OF SERVICE I, Elizabeth A. Hoffman, Esquire, do hereby certify that a true and correct copy of the attached document was sent by U.S. mail to the following person: Pamela Purdy, Esquire 308 North Second Street - Suite 200 P.O. Box 11544 Harrisburg, PA 17108 Date: /D /a C?0 It a0204? J, Eliza a A. Hoffman, Es re Attorney for Plaintiff 106 Walnut Street Harrisburg, PA 17101 (717) 236-2956 1 D #71000 ONO Elizabeth A. Hoffman, Esquire t., l t Har , 106 Walnut PA 17101 PEt?NS ?,??D Harrisburg, L?q A OUNT 4 (717) 236-2956 ELEANOR G. WEIGLE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-0447 CIVIL TERM DAVID M. WEIGLE, CIVIL ACTION - LAW Defendant DIVORCE AMENDED COMPLAINT IN DIVORCE AND NOW comes Plaintiff Eleanor G. Weigle to amend the Complaint in Divorce by adding a Count for Equitable Distribution. COUNT 2 EQUITABLE DISTRIBUTION 10. Counts 1 through 9 of the Complaint in Divorce are included herein and by reference thereto. 11. The parties are joint owners of two properties. 12. The parties also have a have an outstanding debt on a line of credit attached to one of the properties. Wherefore, it is respectfully requested that this Court enter an order which equitably divides or assigns the marital property and debt. Respectfully Submitted, Eliz h A. Hoffman, E uire Attorney for Plaintiff 106 Walnut Street Harrisburg, PA (717) 236-2956 1 D #71000 CERTIFICATE OF SERVICE I, Elizabeth A. Hoffman, Esquire, do hereby certify that a true and correct copy of the attached document was sent by U.S. mail to the following person: Pamela Purdy, Esquire 308 North Second Street - Suite 200 P.O. Box 11544 Harrisburg, PA 17108 Date: 10/12/2011 6? ?4 ? Z ?' 141? Eliz th A. Hoffman, quire Attorney for Plaintiff 106 Walnut Street Harrisburg, PA 17101 (717) 236-2956 1 D #71000 10 E E P iUT!J0PJ0T;,kr4 ??q? ! Elizabeth A. Hoffman, Esquire QC T 13 PM 3: 21 106 Walnut Street "IJMBEF,LAW COUpay ?'ENNSYL VANIA Harrisburg, PA 17101 (717) 236-2956 ELEANOR G. WEIGLE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-0447 CIVIL TERM DAVID M. WEIGLE, CIVIL ACTION - LAW Defendant DIVORCE AMENDED COMPLAINT IN DIVORCE AND NOW comes Plaintiff Eleanor G. Weigle to amend the Complaint in Divorce by adding a Count for Equitable Distribution. COUNT 2 EQUITABLE DISTRIBUTION 10. Counts 1 through 9 of the Complaint in Divorce are included herein and by reference thereto. 11. The parties are joint owners of two properties. 12. The parties also have a have an outstanding debt on a line of credit attached to one of the properties. Wherefore, it is respectfully requested that this Court enter an order which equitably divides or assigns the marital property and debt. %3q' S0 Pd c?-?14ga c?. 9_t? Respectfully Submitted, Eliz h A. Hoffman, E uire Attorney for Plaintiff 106 Walnut Street Harrisburg, PA (717) 236-2956 1 D #71000 CERTIFICATE OF SERVICE I, Elizabeth A. Hoffman, Esquire, do hereby certify that a true and correct copy of the attached document was sent by U.S. mail to the following person: Pamela Purdy, Esquire 308 North Second Street - Suite 200 P.O. Box 11544 Harrisburg, PA 17108 Date: 10/12/2011 Eliz th A. Hoffman, quire Attorney for Plaintiff 106 Walnut Street Harrisburg, PA 17101 (717) 236-2956 1 D #71000 .I 0 ELEANOR G. WEIGLE, Plaintiff V. DAVID M. WEIGLE, Defendant ORDER APPOINTING MASTER AND NOW, this /y(4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-0447 CIVIL TERM CIVIL ACTION - LAW DIVORCE S0 day of 2011, ?f Esquire, is appointed master with respect to the following claims: c X (1) Equitable Distribution ?cu =7c' U)r- (2) Divorce 77 C-" C; BY THE COURT: 9 /?• J. ledt Distribution: Master Pamela Purdy, Esquire, 308 North Second Street - Suite 200, P.O. Box 11544 Harrisburg, PA 17108 Elizabeth A. Hoffman, Esquire, 106 Walnut Street, Harrisburg, PA 17101 O r N --C ...r# -4cj D C -