HomeMy WebLinkAbout00-00258
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
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DOROTHY J. WEIDENHAMMER,
No. 2000
258
Plaintiff
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VERSUS
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DANIEL L WEIDENHAMMER,
Defendant
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DECREE IN
DIVORCE
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'1O-hO
2002 , IT IS ORDERED AND
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AND NOW,
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DECREED THAT
Dorothy J. Weidenhammer
, PLAINTIFF,
AND
Daniel L. Weidenhammer
, DEFENDANT,
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ARE DIVORCED FROM THE BONDS OF MATRIMONY.
.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORf ~N THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED; 1\)<0 ~,_...
.
Any existing spousal support order shall hereinafter be deemed an order
for alimony pendente lite if any economic claims remain pending.
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PROTHONOTARY
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DOROTHY 1. WEIDENHAMMER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
DANIEL L. WEIDENHAMMER,
Defendant
: NO. 2000-258
: CIVIL ACTION-LAW
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
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 (X) 3301(d) of the Divorce Code.
2. Date and rnarmer of service of the Complaint: Acceptance of Service on February 8, 2000 by
Attorney of Record
3. (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce
Code:
by Plaintiff:
by Defendant:
(b) (I) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce
Code: May 17,2002
(2) Date of service of the Plaintiffs Affidavit upon the Defendant: May 20, 2002
4. Related claims pending: Economic claims have been withdrawn by Praecipe
5. (a) Date and marmer of service of the Notice of Intention to file Praecipe to transmit record, a
copy of which is attached: First Class Mail to Attorney of Record on May 20, 2002
(b) Date of Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with Prothonotary:
Date of Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary:
JO
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. .
DOROTHY J. WEIDENHAMMER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
DANIEL L. WElDEN HAMMER,
Defendant
: NO. 2000-258
: CIVIL ACTION-LAW
: IN DIVORCE
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If you wish to deny any of the statements set forth in this Affidavit, you must i a ~;,;
NOTICE TO THE DEFENDANT:
counter<lffidavit within twenty (20) days after this Affidavit has been served on you or the
statements will be admitted.
PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d)
OF THE DIVORCE CODE
1. The parties to this action separated on March 1, 1999 and have continued to live
separate and apart for a period of at least two years.
2. The marriage 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.
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i verify tllat the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of18 Pa. C.S. ~4904 relating to
unsworn falsification to authorities.
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DOROTHY J. WEIDENHAMMER,
Plaintiff
vs.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2000-258
DANIEL L. WEIDENHAMMER,
Defendant
: CIVIL ACTION-LAW
: IN DIVORCE
NOTICE OF INTENTION TO REQUEST'ENTRY OF DIVORCE DECREE
TO: DA~IEL L. WEIDENHAMMER, DEFENDANT
You have been sued in an action for Divorce. You have failed to answer the Complaint or
file a Counteraffidavit to the Plaintiffs Affidavit. Therefore, on or after June 10, 2002, 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 Counteraffidavit 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 COUNTERAFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE
COURT IS ATTACHED TO THIS NOTICE.
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, PA 17013
(800) 990-9108 or (717) 249-3166
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.
.
vs.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2000-258
: CIVIL ACTION-LAW
: IN DIVORCE
DOROTHY J. WEIDENHAMMER,
Plaintiff
DANIEL L. WEIDENHAMMER
,
Defendant
DEFENDANT'S COUNTER-AFFIDAVIT
UNDER SECTION 3301(dl OF THE DIVORCE CODE
1. Check either (a) or (b):
V(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.
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I verify that the statements made in this counteraffidavit 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.
Date: ~ d<v~ #602...
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De en ant
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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 need not file this Counteraffidavit. '
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DOROTHY J. WEIDENHAMMER,
Plaintiff
VS.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. dOC 0 - ~SP- - Cl-C.S~( [~
DANIEL L. WElDEN HAMMER,
Defendant
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 marriage counseling. A list of marriage counselors is available in the Office
of the Court Administrator, Cumberland County Courthouse, Hanover Street, Carlisle, PA.
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, PA 17013
(717) 249-3166
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DOROTHY J. WEIDENHAMMER,
Plaintiff
VS.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
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NO. ol.o--u--o, .2. S p- ~ ~
DANIEL L. WEIDENHAMMER,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
COMPLAINT
1. The Plaintiff Dorothy J. Weidenhammer, is an adult individual whose address is 8
East Manor Avenue, Enola, Cumberland County, Pennsylvania 17025.
2. The Defendant Daniel L. Weidenhammer, is an adult individual whose address is
17 Church Road, Etters, York County, Pennsylvania 17319.
3. The Plaintiff has been a bonafide resident in the Commonwealth of Pennsylvania
for at least six months immediately prior to the filing of this Complaint.
4. The Plaintiff and Defendant were married on July 31, 1995, in Carlisle,
Pennsylvania.
5. There have been no prior actions of divorce or annulment between the parties,
6. The Plaintiff avers that there are no children of the parties under the age of 18.
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7. The Plaintiff in this action is not a member of the Armed Forces.
8. The Plaintiff and the Defendant are citizens of the United States.
9. The Plaintiff has been advised of the availability of maniage counseling and that
she may have the right to request the court to require the parties to participate in such
counseling. Being so advised, Plaintiff does not request that the court require the parties
to participate in counseling prior to a divorce decree being handed down by the court.
10. The Plaintiff avers the grounds on which the action is based is that the marriage
is irretrievably broken.
COUNT I - ALIMONY
11. Plaintiff incorporates herein by reference paragraphs 1 through 10 as if set forth
at length.
12. Plaintiff lacks sufficient funds to provide for her reasonable needs and is unable
to support herself through appropriate employment.
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COUNT II . CLAIM FOR ALIMONY PENDENTE LITE.
COUNSEL FEES AND EXPENSES
13. Plaintiff incorporates herein by reference paragraphs 1 through 10 as if set forth
at length.
14. Plaintiff does not have sufficient funds for herself or to pay counsel fees and
expenses incidental to this action necessary to prosecute the same.
WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree:
(a) Dissolving the marriage between the Plaintiff and Defendant;
(b) Ordering alimony, alimony pendente lite, counsel fees and expenses
necessary for the Plaintiff to adequately prosecute this case;
(C) Such further relief as the Court may deem equitable and just.
Respectfully submitted,
PURCELL, KRUG & HALLER
By
. Purcell, Jr., Esquire
9955
1 9 North Front Street
Hanisburg, PA 17102
(717)234-4178
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VERIFICATION
I verify that the statements made in the foregoing
Complaint in Divorce
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.
Dated: January 7, 2000
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DOROTHY J. WElDENHAMMER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
DANIEL L, WElDENHAMMER,
Defendant
: NO. 2000-258
: CIVIL ACTION-LAW
: IN DIVORCE
ACCEPTANCE OF SERVICE OF COMPLAINT
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AND NOW, this ~ day of
6h.
, 2000. I, Hubert X. Gilroy, attorney for
the Defendant, hereby accept service of a copy of the Complaint in Divorce filed in the
above matter on January 12, 2000, by the Plaintiff.
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Hubert X. Gilroy, Esquir
Attorney for Defendan
Broujos & Gilroy, P.C.
4 North Hanover Street
Carlisle, PA 17013
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DOROTHY J. WEIDENHAMMER,
Plaintiff
vs.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2000-258
: CIVIL ACTION-LAW
: IN DIVORCE
DANIEL L. WEIDENHAMMER,
Defendant
NOTICE TO THE DEFENDANT:
If you wish to deny any of the statements set forth in this Affidavit, you must file a
counteraffidavit within twenty (20) days after this Affidavit has been served on you or the
statements will be admitted.
PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d)
OF THE DIVORCE CODE
1. The parties to this action separated on March 1, 1999 and have continued to live
separate and apart for a period of atleast!INo years.
2. The marriage 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 of18 Pa. C.S. ~4904 relating to
unsworn falsification to authorities.
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DOROTHY J. WEIDENHAMMER,
Plaintiff
vs.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2000-258
DANIEL L. WEIDENHAMMER,
Defendant
: CIVIL ACTION-LAW
: IN DIVORCE
NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE
TO: DANIEL L. WEIDENHAMMER, DEFENDANT
You have been sued in an action for Divorce. You have failed to answer the Complaint or
file a Counteraffidavit to the Plaintiffs Affidavit. Therefore, on or after June 10, 2002, 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 Counteraffidavit 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 COUNTERAFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE
COURT IS ATTACHED TO THIS NOTICE.
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, PA 17013
(800) 990-9108 or (717) 249-3166
-
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DOROTHY J. WElDEN HAMMER,
Plaintiff
vs.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2000-258
: CIVIL ACTION-LAW
: IN DIVORCE
DANIEL L. WEIDENHAMMER,
Defendant
DEFENDANT'S COUNTER-AFFIDAVIT
UNDER SECTION 3301{dl 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.
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..
I verify that the statements made in this counteraffidavit 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.
Date:
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 need not file this Counteraffidavit.
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DOROTHY J. WEIDENHAMMER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: NO. 2000-258
DANIEL L. WEIDENHAMMER,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
PRAECIPE
TO THE PROTHONOTARY:
Please withdraw claims for alimony, alimony pendente lite, counsel fees and
expenses in the above captioned matter.
PURCELL, KRUG & HALLER
BY
o W. Purcell, Jr.
I. . #29955
19 North Front Street
Hanisburg, PA 17102
(717) 234-4178
Date:
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DOROTHY J. WEIDENHAMMER,
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-258
DANIEL L. WElDEN HAMMER,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divoice under Section 3301 (c) of the divorce Code
was filed on January 12, 2000.
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 after service of
notice of intention to request entry of the decree
WAIVER OF NOTICE OF INTEN1]ON TO BEQUEST
ENTRY OF A DIVORCE DECREE UNDER
!i3301(cl 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. ! 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.
understand that false statements herein are made subject to the penalties of 18 Pa,
C,S, !i 4904 relating to unsworn falsification to authorities.
Date:~ 1~~L
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DOROTHY J. WEIDENHAMMER,
Plaintiff
vs.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2000-258
: CIVIL ACTION-LAW
: IN DIVORCE
DANIEL L. WElDEN HAMMER,
Defendant
NOTICE TO THE DEFENDANT:
If you wish to deny any of the statements set forth in this Affidavit, you must file a
counteraffidavit within twenty (20) days after this Affidavit has been served on you or the
statements will be admitted.
PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d)
OF THE DIVORCE CODE
1. The parties to this action separated on March 1, 1999 and have continued to live
separate and apart for a period of at least two years.
2. The marriage 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 of18 Pa. C.S. ~4904 relating to
unsworn falsification to authorities.
Date:
_ 17- oJ..
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DOROTHY J. WEIDENHAMMER,
Plaintiff
vs.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2000-258
DANIEL L. WElDEN HAMMER,
Defendant
: CIVIL ACTION-LAW
: IN DIVORCE
NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE
TO: DANIEL L. WEIDENHAMMER, DEFENDANT
You have been sued in an action for Divorce. You have failed to answer the Complaint or
file a Counteraffidavit to the Plaintiffs Affidavit. Therefore, on or after June 10, 2002, 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 Counteraffidavit 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 COUNTERAFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE
COURT IS ATTACHED TO THIS NOTICE.
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, PA 17013
(800) 990-9108 or (717) 249-3166
.
+'
DOROTHY J. WEIDENHAMMER,
Plaintiff
: INTHE COURT OFCo-tlll.MON PLEAS
: CUMBERLAND COUNTY, PEN!\iSYLVANII\._
- -- -- --
_______n___ __ _
vs,
DANIEL L. WEIDENHAMMER,
Defendant
: NO. 2000-258
: CIVIL ACTION-LAW
: IN DIVORCE
DEFENDANT'S COUNTER.AFFIDAVJT
UNDER SECTION 3301ldl OF THE DIVORCE CODE
1. 'Check either (a) or (b):
VCa)ldo not oppose the entry of a Divorce Decree.
~.(b) I oppose the entry of a DivorceDecree because (Check (i), (ii) or both):
___,,,,,.,(i} IbS'-parties to this action have not lived separate and apart for a period of at least
two years.
------- ---
~ (ii) The.marriage is not irrefrievably broken.
2. ,Check either (a) or (b):
~a) Ido noLwish to make any claims for ~conomic 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.
Lb)IWish 10 claim economic relief which may include alimony, division of property,
lawyer's fees or expenses or other impo'rfant rights.
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I verify that the statements made in this counteraffidavit are true and correct.
und.erstand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
Date: ~d'-l/~ #602...
.~~
De en nt
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 need not file this Counteraffidavit.
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