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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 .. 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 ~ c, ~ ~ o ~ ~ ~~ .. ~ i 7 C,.+ y ~ ' ~ ~, ~ ~ r' ( f rt N ~_3 p q ~~ fi` ~~ ~~ ~~ 4' 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 •/' ~~ 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 ~ - r• a o- ~ s 2 5 7 ~~ d rn o CertiNed Fee ~. (`~ J` ~ ~ ~ Retum Redept Fee p ~ H (Flldoreement Required) 3 '/,` O ~ Reafrbted Delivery Fee (EndoraemerrtRequfred) ~• ~ 0 /7`• ~ ~~ ~~`~ .1. r~ Mr. James P. Weiksner 0 ~~~^~ 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 /) [~ 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 a~•~ - ~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 C": - ~ ca c --~-i ;~ra _~ ,- ; •_ - l: ~ ,A f t'i _ ~ : "~'~~ .Tw C.3 .:C7 w. ~ .,G 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 ~~ t~':~:) ut ~,' ~_m --1-i n..i ~ °:~~.. -fir" C,',.. {.s ~ { i 7 ~.~. ~. .. .i-7 ""_~ ~".Z :3.:+ ., ...f.. ""C 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 ~~ ;_ .~ ~ -,- -. :.: :s;. ~ ~ y .~.._. ~ `l- 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 -~ Vin; , ~,~ ~~ c~a -~ c~; ~ti fl~ ~~ rya c_~ 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 ~ ~' Q Cam„ ~ '7'1 F"Y'i z . ~ ~:E` C,,J ~ t Ca - .. ~` s ~ -~~~ .,- 'C~ . T~'7 ~~~. h? E,.J3 tJ ""~ 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 ~ ~ ~ ~ ~` : . ~..., r7 ~ sy ` ~a ~ ~ ~~~ c;~ ~~ ..~, .;, ~ ' c sn , ``: tti' ~ ct'+ 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 ~j~, c,a Ll '6 ,' ~S ~'c' 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 a4 z ? r- z o D = Z? 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 MQ o? oc) ?c 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 OL P-+ z 5-? d- 73