HomeMy WebLinkAbout07-2486
VICTORIA M. WEIKSNER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. CIVIL ACTION -LAW
NO.
JAMES P. WEIKSNER, ~ 7" a'y~~o GO ur ~ ~LT~
Defendant 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 maybe entered against you by the
court. A judgment may also be entered against you for any other claim or relief requested in these
pagers by the Plaintiff. You may lose money or property or other rights important to you,
including custody or visitation of your children.
When grounds 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
Prothonotary at Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013.
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. 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 South Bedford Street
Carlisle, Pennsylvania 17013
717-249-3166
WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPEN56URG, PA 17257-1397
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VICTORIA M. WEIKSNER,
Plaintiff
v.
JAMES P. WEIKSNER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. Q ~ ~ ~~g'(o
IN DIVORCE
COMPLAINT IN DIVORCE UNDER
SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE
AND NOW, comes the above named Plaintiff, Victoria K. Weiksner, by and through her
attorneys, Weigle & Associates, P.C., and Richard L. Webber, Jr., Esquire, and seeks to obtain a
Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set
forth:
1.
2.
3.
4.
5.
6,
7.
8.
Plaintiff, Victoria M. Weiksner, is an adult individual presently residing at 21 North High
Street, Cumberland County, Pennsylvania, since December 29. 2006.
h/a.rv.'//~
Defendant, James P. Weiksner, is an adult individual presently residing at 21 North High
Street, Cumberland County, Pennsylvania, since December 29, 2006.
A/uud~ ~/c.
The Plaintiff and Defendant are nationals and citizens of the United States of America; .and
both have been bona fide residents of the Commonwealth of Pennsylvania for at least
six (6) months immediately previous to the filing of this Complaint.
The Plaintiff and Defendant were married on October 30, 2005, in Carlisle, Cumberland
County, Pennsylvania.
There have been no prior actions of divorce or for annulment between the parties.
The marriage is irretrievably broken.
Plaintiff has been advised that counseling is available and the Plaintiff may have the right
to request that the court require the parties to participate in counseling.
The Plaintiff requests the court to enter a decree of divorce.
WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
..
WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce
from the bonds of matrimony and for such other and further relief to which Plaintiff shall
be entitled.
WEIGLE & ASSOCIATES, P.C.
By: ~G't-~
Richard L. Webber, Jr., Esquire
Attorney for Plaintiff
Attorney ID #.49634
126 East King Street
Shippensburg, PA 17257
Telephone 717-532-7388
WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 1Z6 EAST KING STREET - SHIPPENSBURG, PA 17257-139'7
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. §
4904, relating to unsworn falsification to authorities.
Dated: ~ ~ ~ ~ Z ~~ ~ i
~~ /~~
CT RIA M. WEIKSNER, Plaintiff
WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
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VICTORIA M. WEIKSNER,
Plaintiff
v.
JAMES P. WEIKSNER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 07-2486
IN DIVORCE
AFFIDAVIT OF SERVICE
I, Brooke L. Naugle, the undersigned adult individual, having been duly sworn according
to law, deposes and says that on May 1, 2007, a true and attested copy of Notice to Defend with
Complaint in Divorce was served upon the Defendant, James P. Weiksner, Manner of service: by
mailing the same postage paid, certified mail, and return receipt requested, addressee only, at
Shippensburg, Pennsylvania, addressed as follows:
James P. Weiksner
21 North High Street
Newville, PA 17241
The return receipt signed by the Defendant is evidence of delivery to him and is attached hereto as
Exhibit A.
Dated:
Subscribed and sworn to before me
the un signed Not Public on
the _~ day of , 2007.
B L. Naugle
COMMONWEALTH OF PENNSYI.V/4NW
Notarial Seal
~~9 ~ ~ m nd O~I.~r
My (.ornmission Expires Apr. 29. %~.x,.~2
Member, PennsNlvania Association Qf otarlsa
WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPEN SBURG, PA 17257-1397
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VICTORIA M. WEIKSNER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
~• CIVIL ACTION -LAW
NO. 07-2486
JAMES P. WEIKSNER, •
Defendant IN DIVORCE
PROOF OF SERVICE
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(EndoraemerrtRequfred)
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Mr. James P. Weiksner
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~~~^~ 21 North High Street
^ 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:
James P. Weiksner
21 North High Street
Newville, PA 17241
A. 9k(w~u~-t _
X 'r!X/~i ^ Agent
Addressee
8. R~celyfdl~7Printed Name) I C. Date of Delivery
D. Is delivery address different .1?~
if YES, enter delivery add q /)
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3, ce Type
Certified Mail ^ Expn3es Mail
^ Registered ^ Retum Receipt for Merchandise
'~~~`"+r+~'"r ^ Insured Mail ^ C.O.D. -
~" -,~,.~„r• .~.. ~ ~'~C~ ~ 1~'~st Delivery? (F_xira Fee) Yes
7 D DDD3 94D9 95D8
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~Orm Uf3t 2[)01 Domestic Retum Receipt 102595-02-M-1540
WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
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VICTORIA M. WEIKSNER,
Plaintiff
v.
JAMES P. WEIKSNER,
Defendant
IN THE COURT OF COMMON
PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION -LAW
NO. 07-2486
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on April
30, 2007.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
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.
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 unsworn falsification to authorities.
Dated: ~= oZo~-~7
VIC ORIA M. WEIKSNER, Plaintiff
WEIGLE & ASSOCIATES. P.C. -ATTORNEYS AT LAW - 1Z6 EAST KING STREET - SHIPPENSBURG, PA 7%257-1397
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VICTORIA M. WEIKSNER,
Plaintiff
v.
JAMES P. WEIKSNER,
Defendant
IN THE COURT OF COMMON
PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION -LAW
NO. 07-2486
IN DIVORCE
WAI'~ER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER ~ 3301(c) AND & 3301(d) 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.
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. § 4904
relating to unsworn falsification to authorities.
Dated: ~'' Z.7i -07 U
IC ORIA M. WEIKSNER, Plaintiff
WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 1725 7-13 9 7
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VICTORIA M. WEIKSNER,
Plaintiff
v.
JAMES P. WEIKSNER,
Defendant
IN THE COURT OF COMMON
PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION -LAW
NO. 07-2486
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on April
30, 2007.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
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.
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 unsworn falsification to authorities.
Dated: ~- 2 ? (,j~
J ER, dant
WEIGLE & ASSOCIATES. P.C. -ATTORNEYS AT LAW - 126EAST KING..STREET - SHIPPENSBURG, PA 17257-1397
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VICTORIA M. WEIKSNER,
Plaintiff
v.
JAMES P. WEIKSNER,
Defendant
IN THE COURT OF COMMON
PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION -LAW
NO. 07-2486
IN DIVORCE
WAIVER 4F NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER ~ 3341(c) AND & 330~(d) 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. 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 aze 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.
,~
Dated: 2 `~ ~ ~ ~
JAM NER, Defendant
WEIGLE & ASSOCIATES, P.G. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
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VICTORIA M. WEIKSNER,
Plaintiff
v.
JAMES P. WEIKSNER,
Defendant
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:CIVIL ACTION -LAW
:NO. 07-2486
:IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for
entry of a divorce decree:
1. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce
Code.
2. Date and manner of service of the complaint: May 2, 2007, by mailing postage
paid, certified mail, addressee only, and return receipt requested at Shippensburg,
Pennsylvania.
3. Date of execution of the affidavit of consent required by § 3301(c) of the Divorce
Code: by Plaintiff, August 22, 2007; by Defendant, August 27, 2007.
4. Related claims pending: None
5. Date PlaintifFs Waiver in § 3301(c) Divorce was filed with the Prothonotary:
August 24, 2007
Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the
Prothonotary:
August 31, 2007
WEIGLE & ASSOCIATES, P.C.
Richard L. Webber, Jr., Esquire
Attorney for Plaintiff
Attorney ID #49634
126 East King. Street
Shippensburg, PA 17257
Telephone (717)532-7388
WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
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I N THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
_~
VICTORIA M. WEIKSNER.
Plaintiff
VERSUS
JAMES P. WEIKSNER,
N O. 07-2486
DECREE IN
DIVORCE
~--
AND NOW, 2007 IT iS ORDERED AND
VICTORIA M. WEIKSNER
DECREED THAT PLAINTIFF,
AN D
JAMES P. WEIKSNER
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
DEFENDANT,
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.
BY TH
ATTEST: J .
PROTHONOTARY
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Ui?friv?a lyoe h/et/1 v ?Cfl?
Plaintiff
Vs
J?'I?S ? ?.?! S`IeK
Defendant
File No. G? 17 -,q V?G t3
IN DIVORCE
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NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff / defendant in the above matter,
[select one by marking "x"]
prior to the entry of a Final Decree in Divorce,
or X' after the entry of a Final Decree in Divorce dated 9" 5 " c J
hereby elects to resume the prior surname of Wa'?FIV5 , and gives this
written notice avowing his / her intention pursuant to the provisions of 54 P.S. 4.
Date: ,3 -30-
Signature
Signature of name being resumed
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COMMONW LTH OF P NNSYLVANIA )
COUNTY OFCUM D
On thao? day o rr , 200L, before me, the Prothonotary or the
notary public, personally appeared the above affiant known to me to be the person whose
name is subscribed to the within document and acknowledged that he / she executed the
foregoing for the purpose therein contained.
In Witness Whereof, I have hereunto set my hand hereunto set my hand and official
seal. COMNOM&M F PENNSYUMA
NOTARIAL SEAL
Prothonotary o of Public
DARCIE A. NEIL, Notary POW ary
am of caomm, Cum 0WO
Qp1MIMaaien G*W" Nov. 24, 7013
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