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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
97-5409 CIVIL TERM
MORRIS BENJAMIN WEISS,
Plaint if f
DEBRA SUSAN W~ISS,
Defendant
CIVIL ACTION .. L1W IN DIVORCE
IN REI PETITION TO VACATE PIVORCE DECREE
ORDER OF COURT
AND NOW, this 7th day of July, 1999, upon
consideration of the Defendant's Petition to vacate the divorce
decree in the above-captioned matter and of Plaintiff's Answer
to petition Seeking that the Divorce [Decree] be Vacated, and
pursuant to an 3greement reached between counsel, in the persons
of Harry L, Bricker, Jr., Esquire, and Anthony Stefanon,
Esquire, on behalf of the Defendant, and Gerald S. Robinson,
Esquire, on behalf of the Plaintiff, following consultations
with their respective clients, it is ordered and directed that
the petition is denied to the extent that the Divorce Decree
will not be opened, but granted to the extent that the issues of
divorce and equitable distribution are bifurcated and that the
issue of equitable distribution shall remain pending before the
Court for disposition.
Either party, through counsel, may request the
appointment of a Master at Buch time as he or she deems it
appropriate.
By the Court,
rJ/~
J. esley 01
Gerald S. Robinson, Esquire Harry L, Bricker, Jr., Esquire
Counsel for Plaintiff Anthony Stefanon, Esquire
:Brs EXHt8fT' _/}._.._::;unscl for Defendant
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NOW nn:Rt:I;OIU:, Illr in wnsiderlllil1n orlhe sUlIlofOne Dollar ($1.00) by each of
the panics interchan[l.enhly in hand paid. the receipt whereof is hereby acknowledged. in
consideration of the lIlutuul promises contained herein. and in considerntion of the other good and
valuable conslderntions hereinaHer set forth, the parties hereto dlllllutuully promise und agree as
follows
I, Debra Susan Weiss represents and wnrrants III Morris Benjalllin Weiss that she hns
not and will not (ontroct or incur any deht or liahility tor which Morris Benjnmin Weiss or his
estate mi!!ht be responsible and she shall indemnify and save harlllless Morris Benjamin Weiss
from any and all claims or demands lIlade against him by reason of debts or obligations incurred
by her,
2 Morris Benjamin Weiss represents and warrants to Debra Susan Weiss that he has
not and will not contract or incur nny debt or liahility for which Debra Susan Weiss or her estate
might be responsible and he shall indemnify and save harmless Debra Susan Weiss from any and
all claims or demands made ugainst her by rea SOil of debts or obligations incurred by him,
3 Subject to the provisions of this Agreement. each party has released and
discharged. and by this Agreement, does t~1r himself or herselt: and his or her heirs, legal
representatives. executors, administralors and assigns, release and discharge the other of and from
all causes of action. claims, rights. or demands. whatsoever in law or equity. which either of the
parties had or now has against the other. except tor any and all cnuses of action for divorce anrl
equitable distribution and except tOI any and all causes of action for breach of any provisions of
t his Agreement
4, The parties hereto state that they lire the parents of two minor children. Samuel A
Weiss. born August 2, I <)84, and Sarah M Wei,s. born December 6. 1996. The parties further
agree that they shall have shared legal ClIsto,jv "r!he minor children and the parties further state
'.
that primary physicnl custody of the minor children is presently with Morris Bcnjumin Weiss, The
purties also agree Ihat liberal partial custody and visitation ot'the minor children is presently with
Debra Susan Weiss, The parties acknowledge that malleI'S of custody and visitntion concerning
minor children are always mullers thut cun be brought before the Court,
5. The purties acknowledge that they own us tenunts by the entireties certuin realty
situute in the Town of Porter, County of Oxford, und Stute of Muine, The purties wurruntthot said
realty is unencumbered nnd the parties further agree that suid reully shall be translcrred solely to
Debra Susan Weiss. The parties acknowledge that upon the execution of this Agreement a Deed
sholl be presented and executed by Morris Benjamin Weiss und delivercd to Dcbru Susan Weiss.
Debra Susan Weiss agrees that upon reccipt of suid Deed shc will cuuse it to be recorded in the
appropriate office in the State of Maine,
6, The parties acknowledge that each ofthcm own their own motor vchicles and that
there are no motor vehicles owned jointly between them, The parties acknowlcdge that the
ownership of said motor vehicles shall in the future be as it presently is stated,
7, The parties agree that they are the owners of certain art prints and that one-half (1/2)
thereof shall be come the property of Debra Susan Weiss but in this regard, the parties further agree
that with one exception all of the art prints shall remain in the custody of Morris Benjamin Weiss
and one-half(I/2) thereof shall be delivered to Debra Susan Weiss upon her request for them, The
parties agree in the future to work together to detennine an equitable one-half (112) division of said
prints. The one exception mentioned in the previous sentence is a print entitled "Until We Meet
Again" and Morris Benjamin Weiss agrees to transfer this print directly to his wife or in the
altp.rnative to is attorney upon execution of this Agreement.
8, The parties agree that Morris Benjamin Weiss enlisted in the United States Army on
May 14, 1978 and his retirement took place on August I, 1999 and further that Morris Benjamin
Weiss presently receives a monthly pension in the amount of$2,947,00 from
.
.
his years in the militnry. Morris Benjamin Wei;~ lInd Debra Susan Weiss agree thllt Debra Susan
Weiss shall receive one-hlllf( 1/2) of the gross retirement pension bet(}re nny deductions which
payment to her shall be on a monthly basis by reason of n Qualilied Domestic ,Relations Order,
Each recipient of the divided retirement anlluilY shall be solely responsible for Federal, State. nnd
Local taxes due on his or her partial distribution Additionally. Morris Benjamin Weiss and Debra
Susan Weiss agree that Debra Susan Weiss shall ,11ntinue to be the beneficiary of Morris
Benjamin Weiss' Survivor Benetit Plan in an amount equal toone-half( 1/2) of Morris Benjamin
Weiss' gross retirement pension before any deductIons
<) Morris Benjamin Weiss and Debra Susan Weiss shall at all times make, deliver, and
execute any and all further instruments as shall be necessary for tbe purpose of giving full force
and efrect to this Agreemellt and to all provisions thereof
10 Debra Susan Weiss acknowledges Ihat the provisions herein made are adequate,
reasonable and satisfactory to her. and accordingly she accepts the same in lieu of and in full and
tinal setllement and satisfaction of any and all clanns and rights that she may nor or hereafter have
against Morris Benjamin Weis~ fi)r alimony, support and maintenance, alimony pendente lite,
counsel fees and expenses
II, Morris Benjamin Weiss acknowledges that the provisions herein made for the
transfer of property are adequate. reasonable and satisfactory 10 him. and accordingly. he accepts
the same in lieu of and in full and tinal ,iettlelllent and sat is taction of any and all claims and rights
that he may now or bereaner have against the Wife for nlimony, support and maintenance,
alimony pendente lite, counsel fees and expenses
12 It is the intent of Morris Uenjanun Weiss and Debra Susan Weiss to become and
remain legally bound by the mutual promises and covenants herein contained and further, this
Agreement shall be and remain binding on the herrs. executors, administrators, successors and
assi!!ns of the parties
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MORRIS BENJAMIN WEISS,
PlaintIff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.
DEBRA BUSAN WElSH,
l.lufendant.
CIVIL ACTION--LAW IN DIVORCE
COMPLAINT IN DIVORCE
COUNT I
DIVORC.m.._UtlDER BF.CTION 330 1C C) OF THE DIVORCE CODE
1. Plaintiff It! Morris Benjamin Weiss, who currently resides at
201 Marshall Road, CarlIsle, cumberland County, Pennsylvania.
2. Defondant is l.lebra Susan Weiss, who currently resides at 201
Marahall Road, Carlisle, Cumberland County, Pennsylvania.
3. PlaIntiff has been a bona fide resident in the Commonwealth
for at IOBat Hix (6) months immediately previous to the filing of this
ComplaLnt.
4. Tho PlaIntIff and Defendant were married on January 6, 1981
in MLaml, Florida.
5, There have been no prior actions of divorce or for annulment
butween tho Parties.
6. The marriage is irretrievably broken.
7. Plaintiff is a m~mber of the Armed Forces of the United
States on active duty.
8. The Plaintiff has been advised of the availability of
counseling and that either Party may compel the other by Order of
Court to attend counseling sessions.
9. Plaintiff avers that there are three (3) children to the
Parties under the age of 18 to wit: Daniel Lee Weiss, born June 25,
1981, Samuel Aaron Weiss, born August 2, 1984 and Sarah MIchelle
Weiss, born December 6, 1996.
WHEREFORE, Plaintiff respectfully requests that your Honorable
Court enter a Decree in Divorce under Section 3301(c) of the Divorce
Code.
CQUN'r II--EOUITABLE DISTRIBUTION
10. The Plaintiff incorporates by reference Paragraphs 1 through
9 of the Complaint for Divorce as fully set forth herein.
11. During the marriage, Plaintiff and Defendant have acquired
various items of marital property, which are subject to equitable
distribution under Section 3502 of the Pennsylvania Divorce Code of
1980, a~ will be fully set forth in the Plaintiff's Inventory and
Appraisement to be filed pursuant to the Pennsylvania Rule~ of Civil
Procedure.
12. Plaintiff and Defendant have been unable to agree as to an
equitable division of. marital property.
WHEREFORE, Plaintiff requests your Honorable Court to equitably
divide all marital property.
COUNT III--CUSTODY
13. The Plaintiff incorporates by reference Paragraphs 1 through
12 of the Complaint for Divorce as fully set forth herein.
14. There were three children born during this marriage, to
wit: Daniel Lee Weiss, born June 25, 1981, Samuel Aaron Weiss, born
August 2, 1984 and Sarah Michelle Weiss, born December 6, 1996.
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15. During the past five (5) years, the children have resided
with the tollowing persons and at the following address:
P.9XN9.n.i.Jl.l
Address
201 Marshall Road
Carlisle, Pa
16. The Court of Common Pleas of Cumberland county,
Dates
a, Plaintiff Ii. Defendant
to present
Pennsylvania, Family Division, has the sole and exclusive jurisdiction
tn this matter, pursuant to the Uniform Child Custody Jurisdiction
Act, and tho Commonwealth Child Cus~ody Jurisdiction Act for the
[allowing reasons:
a, Cumberland County, Pennsylvania, has been the children's
homo county within six months bef- ~e the commencement of the instant
proceedings.
b. It is in the best interest and welfare of the children that
the Court of Common Pleas of Cumberland County, Pennsylvania, assume
jurisdiction because the children have a significant connection with
this jurisdiction, and there is available in this jurisdiction
substantial evidence concerning the children's present or future care,
protection, training and personal relationships.
c, No other state has jurisdiction in this matter under the
requirements of the Uniform Child Custody Jurisdiction Act and the
Commonwealth Child Custody Jurisdiction Act.
17. The Plaintiff has not participated in any capacity
whatsoever in any other litigation concerning the custody of said
miner children in this or any other state.
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MORRI~ BENJAMIN WEISS,
Plaintiff,
IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 97 -5409 Ci v 11
DEBRA SUSAN WEISS,
Defendant.
CIVIL ACTION--LAW IN DIVORCE
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DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER
OF NOTICE TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301 (C) OF THE DIVORCE CODE
I, AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 330l(C) of the Divorce
Code was filed on the 2nd day of October, 1997.
2. The marriage of Plaintiff and Defendant is
irretrievably broken and ninety (90) days have elapsed from the
date of filing the Complaint.
3. 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. Being
so advised, I do not request that the Court require counseling
prior to a Divorce Decree being handed down by the Court.
4. I consent to the entry of a Final Decree of Divorce.
5. I understand that if a claim for alimony, alimony
pendente lite, marital property or counsel fees or expenses has
not been filed with the Court before the entry of a Final Decree
in Divorce, the right to claim any of them will be lost.
II. WAIVER OF NOTICE
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6. I consent to the entry of a Final Decree in Divorce
without notice.
7. I understand that I will not be divorced until a
divorce decree is enterGd 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, Section 4904,
relating to unsworn falsification to authorities.
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Dated:/:"'<"4~ I.~., .31,-1118
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"6,, L .1u~o<At. '( ..
e ra Susan Weiss, De endant
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April 5, 1999
Gerald S, Robinson. Esquire
ROBINSON & GERALDO
4407 North Front Street
Harrisburg, PA 17110
Re: Weiss v, Weiss
No, 97.6409
Dear Mr, Robinson:
Supplementing my correspondence to you of March 31,1999, I have discussed this
matter with my client and she has agreed Ilnd directed me to try to work out the maUer of
the economic issues and matters involving custody; if those maUers can be concluded in
a raasonable fashion she will not contest the matter of the Divorce Decree, Accordingly,
I believe you and I have agreed, and I can no", do so with the consent of my client, to hold
all mailers pending good faith negotiations in this situation.
I am advised by Mrs. Weiss that since she laft Carlisle and moved to Tacoma, and
I believe that was on December 11, 1998, Col. Weiss has only sent her the sum of
$100.00. This certainly Is not satisfactory and has to be changed immediately. I am
advised that Mrs, Weiss has but two years of community college education following high
school; she is age 42; and she been a housewife, homemaker and mothel' for the entire
tllne of her marriage. Under these circumstances, I request that the sum of $200.00 a
'Noek be sent to her during the time of O'Jr negotiations, I would hope that request would
be granted without the necessity of starting a separate support or alimony proceeding but
certainly, If we have to do that we will, Please let me know whether your client will agree
to this as soon as you can since funds are indeed needed,
Conceming the mantal assets; Mrs. Weiss believes that the marital assets include
two tracts of real estate in Maine; two motor vehicles; mutual funds 0" retirement accounts
which may total $20,000,00; bank accounts a large gun collection; a large Civil War print
collection; and household goods. Additionally, she believes that Col. Weiss has life
insurance as well as benefits from the Service. In this regard, we will appreciate a
r:omplete inventory in order that we can realistically approach the question of marital
assets and equitable distribution.
We also understand that your client's income is approximately $62,000,00 a year
and that he will likely retire in June or July of this year and move to New Hampshire. Mrs.
Weiss believes that he will teach in a high school there and probably that his retirement
n5/13/1999 10:21
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POJ3lt1"',()~~ Atlti (,EPAUll]
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DAaRY L.URlca.a, d..
ATTDR"'IT ^" l,.W
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April 5, 1999
Gerald S, Robinson, Esquire
ROBINSON & GERALDO
4407 North Front Street
Harrisburg, PA 17110
Re: We/.. v. Wel..
No. '7-5401
Oller Mr. Robinson:
Supplementing my ccl'lllspondence to you of March 31, 1999, I have discussed this
lTlatler with my client and she has sgreed and directed me to try to work out the mailer of
the economic Issues and mailers involving custody; If those mellers can be concluded in
8 reasonable fashion she will net contest th~ metier of the Divorce Decree Accordingly,
I beliove you end I have agreed, and I can n~ do so with the consent of my client, to hold
all mailers pending good faith negotiations,in this situation,
I am advised by Mrs, Weiss that sinCe she left Carlisle and moved to Tacoma, and
I believe thet was on December 11, 1998, Col. Weiss has only sent her the sum of
510000 Thi. certainly Is not .atlsfactory and has to be changed immediately I am
advised that Mrs, Weiss has but two years of community college education following high
school; she is age 42; and she been a housewife, homemaker and mother for the entire
lime of her marriage, Under these circumstances, I request that the sum of $20000 e
'Nook be sent to her durlnljl the time I)f our negotla1lons, t would hope that request would
be granted without the necessity of starting a separate support or alimony proceeding but
certainly, If we have to do that we will, Please let me know whether your client will agree
to this as soon as you can since funds are Indeed needed.
Concaming the marital assets; Mrs Weiss believes that the marital assets include
twO tracts of real estate In Maine; two motor vehicles; mutual funds or retirement accounts
whictl may total $;20,000,00; bank accounts a large gun collection; a large Civil Wer print
collection; and household goods. Additionally, she believes that Col Weiss has life
Insurence as well as benefits from the S.ervlce, In this regard, we will appreciate II
comptete inventory In order that we can realistically approach the question of marilal
....ts end equitable diltributlon,
w. .'10 underetand that your client's income is approllim8tely 562,000,00 8 year
.nd that he wllllikely retire in June or July of this year end move to New HampShire, Mr.,
Weiss believes that he will teach in e high school there and probably that his retirement
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timc tho Cuurt ducumcnt,lliun conccrning thc Respundent slates in purl us ti,lIows:
"As II rcsult uf mcntlll disturhtlllCe the rcsJlundcnt prcscnts Is gravely
disllblcd",
On thc samc dlltc shc wus ordcrcd tu anincty day dctenliun till' thrther trClltmcnt
Cl. Thc dillgnosis upun hcr dischllrgc Irmn thc huspital on Dcccmber .11, 199K was
biopular disordcr IInd psychusis
7 On Deccmbcr 18. 1998. a cCrlilied lellcr WIIS mllilcll by Rcspondent's counsel to
thc Petitioner, Debra Susan Wciss. and a copy ofthllt corrcspundencc is all ached hercto, madc a
part hereof and marked Exhibit "A" Wc particularly clIlI thc Court's lI11cntionto thc
corrcspondencc whicb statcs "We IIrc sccking a n\l::fuu.l1 divorce" and does not mCllliunthe matter
of equitable distribution nor docs itmcntion any other financial benelits which might be IIvailablc
to a Delendant in a Divorce Action, In tbis regard. thc parties to the divmce were married for
eighteen years; tbe Respondent. Morris Benjamin Weiss. is a Lieutenant Colonel in the United
States Army; military benefits would be availablc fill' your Petitiuncr in this malleI'. Additionally,
there was marital property acquired during the mllrli,lge wlllch wuulll have been subject to
equitable distribution None of these situations lire stated in the cmrespondence of December 18.
1998,
8, On December 31. 1998, thc day that Mrs. Weiss was discharged Irom the hospital.
she was presented with the correspondence and on that date she signed the Allidavit of Consent
a:ld Waiver of Notice and returned it to the finn of Rubinson and Geraldo. To quote from
correspondence trom Mrs, Weiss, "Upon arrivmg at my mother's house (New Years Eve) I
opened the maillrom my husband's attorney I felt severely depressed, uncontrollable crying.
difficulty concentrating, I could not believe my husband would be so eruelto send divorcc papers
,
lume while I wus in the hospilul slIllcring flllmmclltul illncss 1 did not cure if (lived ur died
signed the Al1iduvit and muiled it .the sume duy (December .11. I 'Nil) "
9 At ull limes desclibed herein, the luw linn of Robinsun und <iel'tlldo was ucling un
belmlf of Lielltenunt ('\llonel Murris Benjumin Weiss, the l~espondel1l herein und I,he following
touk place
A, The AllidavitofConsenllllld Wuiver of NOlke wus signed by yuur
I)etitioner. the Dc!cndant in the divorce action. \1II Dccember .11, 1998 and was liIed of
record un J unuury I I, \9l)I)
B, The AlliduvitufConsenl and Wuiver of Notice wus signed by yuur
Respondent, the 1)lainlll1' in the divllrce action. on FeblllUry 19, 191)<) and was tiled of
record un February 23, 1<)1)<)
C The Praecipe to Wi.thdraw ('ounls II and III lrumthe original Divorce
Complaint was liIed on Febnlary 23. 11)<)1)
D. The Praecipe to Transmit Record was tiled on Febnlary 23. 1999 a copy
of which is attached hereto. made a part hereufand marked Exhibit"B" We respectfully
call yuur attention to paragraphs number 5 and 6 in said Praecipe: the facts contained in
paragraph 5 and paragraph 6 are incorrcct. I'arugl'aph 5 stu.tes that the date of Plaintill's
Waiver of N,ltice was tiled with .the Prothunotary on Janllury II, 1991) and that is
incorrect That wus the date that the Defelldunt's Waiver uf Nutice was filed, Similarly.
the statement in paragraph 6 thatlhe Defendant's Waiver of Notice was tiled with the
Pro.thono.tary on February II). 191)<) is incurrect. that was tiled un January II, 1999.
Thes,~ dates arc most impurtant since. as slated above. the Praecipe to Withdraw Coun.ts
II and III was tiled atler and not belilre the Respondent's Al1idavilufC'onsen.t and
,1
Waiver ul' Nutice was tiled and Iluther, suid Praecipe wus tiled utler and nut betore the
letter which is attuched heretu. mude u pun hereof und murk cd hhibit "A" which states.
in part, that the only mutter involved is uno-tilult divorce action
E The Divorce Decree wus hunded down on Murch 4. 1991) and n copy of
said Decree is attached hereto. made alMrt hereof and marked Exhibit "C" You will note
that because of the withdrawnl of Counts II and III. the Court hn~ retuined jurisdiction of
no other claims
10, The Petitioner. and the Defendant in the divorce action. believes and thereflll'e
avers that there are maritlllas~ests to be equitably divided since Count II of Lieutenant Colonel
Weiss' Complaint stales in fact thai there arc, It is pointed out. however, that no Inventory was
ever filed by the Respondent herein,
II, Concerning the marital benefits which may be available to the I'etitioner. Debra
Susan Weiss, the Petitioner believes and theretllre livers that her husband, the PlaintilTin the
divorce action, Lieutenant Colonel Morris Benjamin Weiss, will soon celebrate IllS twentieth year
in the military: she states that he graduated fhllll the University of Alabama: he is a Special Forces
Green Beret, and he is on the stall' at the Army War College in Carlisle. Pennsylvania,
Additionally. the Petitioner believes and therefore avers that within the next three months
Lieutenant Colonel Weiss will be retiring from the US Army,
12 The Petitioner believes and therefore avers that she was not 11lentally competent to
sign or understand the efl'ect of the Allidavit otTonsent and Waiver of Notice which was
presented to her by the Respondent herein, Lieutenant Colonel Weiss. by his allorneys, Robinson
and Geraldo. and further believes and theretore avers that the leller sent by said firm on December
18. 1998 not only stated the tacts incorrectly hut stated the tacts in a misleading fashion.
II, Alternatively. had your Petitioner heen ahle to understand the legal ell'ect of hem 5
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December 18, 1998
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CERTIFIED MAIL; RESTRICTED DELIVERY
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Debra Susan Weiss
722 San Juan Avenue
Firerest, Washington 98466
nel Morris Benjamin Weiss v. Debra Susan Weiss
ComDlaint in Divorce Docket No. 97-5409
Dear Ms. Weiss:
A Complaint in Divorce was filed on October 2, 1997 on
behalf of Benjamin Weiss. We are seek~ng a no-fault divorce.
You have the option of retaining an attorney to represent you in
this matter, or if you are in agreement with the divorce, you
can sign the enclosed Affidavit of Consent and return it to my
office using the self-addressed envelope enclosed as soon as
pouible.
Please feel free to contact my office if you have any
questions regarding this matter.
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ROBINSON & GERALDO
~r.~qulr.
GSRlpaw
Enclosure
eel M. B. Wei8s
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MORRIS BENJAMIN WEISS,
PlaintilT,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO. 97-5409
Q
ell
DEBRA SUSAN WEISS, "'J lil
('1111
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Defendant. CIVIL ACTION--LA W IN DIVORCE i~ I"
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PRAECIPE TO TRANSMIT RECORD ~~!:
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To the Prothonotary:
Transmit the record, together with the following information, to the Court for the
entry of a divorce decree:
I, Ground for divorce: irretrievable breakdown under section 3301(c) of the
Divorce code.
2. Date and Manner of service of the C;omplaint: Certified Mail, Restricted
Delivery, Relurn Receipt Requested on October 14, 1997,
3. Date of execution of the affidavit required by section 3301(c) of the Divorce
Code: by PlaintilTon December 31,1998 and by Defendant on February 19, 1999,
4, Related claims pending. None
S, Date the Plaintitl's waiver of Notice in section 3301(c) of the Divorce was
filed with the Prothonotary: is January 11,1999,
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF . PENNA.
M~RRIS.,.~,E.N"AM~~, ,W,EI.SS.!.
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Plaintiff
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,...DEBRA .S~~AN W~,I,SS,
DefendaJ:lt.
DECREE IN
DIVORCE
AND NOW, " , . ro. ?,l,c,..~",:\" " , "" .. '. 19,1.'1". It Is ordered and
decreed that "MO.~RtS. .IlI:;ijJAMIij, WEISS, , , , ... . " " " .. " . , ", plaintiff,
and, ., " ,P~~~. ~~~,~~, ~,~~~~. " , , , ,., , . , , , " , . . , " ,. ",. ", defendant,
ore 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;
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CERTIFIED TRUE
AND COFIRECT COPY
P,Q. 80x 5320, HARRISBURG, PINNSnvANIA 17110-5320
.
.
6. The minor children have resided with the following
individuals at the following addresses far the past five yearsl
a. 765 Lakestone Court, Roswell, Georgia with Plaintiff
and Defendant from August 1991 through August 1993.
b. 6518 Yellow Hammer Avenue, Tampa. Florida with
Plaintiff and Defendant from August 1993 through June 1997.
7. Plaintiff, the natural father of the children, is married
and resides at 201 Marshall Road, Carlisle, Pennsylvania (a Complaint
in Divorce was filed October 2, 1997.)
8. Defendant, the natural mother of the child, is married and
resides at 201 Marshall Road, carlisle, Pennsylvania (a Complaint in
Di vorce was f !led October 2, 1997.)
9. Plaintiff has not participated as a party or witness, or in
any another capacity, in other litigation concerning the custody of
the child in this or another court.
10. Plaintiff has no information of a custody proceeding
concerning the child pending in a court of this Commonwealth.
11. Plaintiff does not know of a person not a party to the
proceedings who has physical custody of the child or claim to have
custody or visitation right with respect to the child.
12: It is in the best interest and welfare of the minor
children to remain in the primary physical custody of Plaintiff, the
natural fllther.
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ANTHONY STEPANON
ATI'Ol{NIlY AT LAW
407 NORTJI PilaNT STRf.P.T
pOST (WI'lell BOX 12027
HARRISllllllG, t'ENNSYI.VAN1A 171011-2027,
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MORRIS BENJAMIN WEISS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
97-5409 CIVIL TERM
v.
DEBRA SUSAN WEISS,
Defendant
CIVIL ACTION - LAW IN DIVORCE
IN REI PETITION TO VACATE DIVORCE DECREE
ORDER OF COURT
AND NOW, this 7th day of July, 1999, upon
consideration of the Defendant's Petition to vacate the divorce
decree in the above-captioned matter and of Plaintiff's Answer
to Petition Seeking that the Divorce [Decree] be Vacated, and
p~rsuant to an agreement reached between counsel, in the persons
of Harry L. Bricker, Jr., Esquire, and Anthony Stefanon,
Esquire, on behalf of the Defendant, and Gerald S. Robinson,
Esquire, on behalf of the Plaintiff, following consultations
with their respective clients, it is ordered and directed.that
the petition is denied to the extent that the Divorce Decree
will not be opened, but granted to the extent that the issues of
divorce and equitable distribution are bifurcated and that the
issue of equitable distribution shall remain pending before the
Court for disposition.
Eithe~ party, through counsel, may request the
appointment of a Master at such time as he or she
deems~ t ~
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By the Court,
fill--?
J. esley 01
Gerald S. Robinson, Esquire
Counsel for Plaintiff
Harry L. Bricker, Jr., Esquire
Anthony Stefanon, Esquire
Counsel for Defendant
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ANTHONY STEFANON
" ATIORNEY"'T I,AW
407. NORTH FllONT STREET
POST O~I'ICE BOX 12027
HARRISBURG, PllNNSYLVANIA 171011-2027
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