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Home My WebLink About03-3801VIRGINIA R. WENTZEL, Plaintiff VS. JAMES B. WENTZEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 03- 3 : IN DIVORCE CIVIL TERM NOTICE 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 divome 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 Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Sireet Carlisle, PA SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff By: ~~ Esq~re ~igh Street~ Carlisle, PA 17013 (717) 243-6222 VIRGINIA R. WENTZEL, Plaintiff VS, JAMES B. WENTZEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 03-3tot CIVILTERM : : IN DIVORCE COMPLAINT SAIDIS SHUFF, FLOWER & LINDSAY VIRGINIA R. WENTZEL, Plaintiff, by her attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is VIRGINIA R. WENTZEL, who currently resides at 1042 South West Street, Carlisle, Cumberland County, Pennsylvania, where she has resided since May, 1991. 2. The Defendant is JAMES B. WENTZEL, who currently resides at 136 South East Street, Carlisle, Cumberland County, Pennsylvania, where he has resided since October 1, 2002. 3. The Plaintiff and Defendant both have been bona fide residents 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 May 17, 1986 at Jarrettown, Montgomery County, Pennsylvania. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff avers that she is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff Carol O. Lind~a~, Esquire # 446 3 - 26 West ~igh Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA VERIFICATION I, the undersigned, hereby verify that the statements made herein 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. Date: ~///~-~ SAIDIS SHUFF, FLOWER & LINDSAY Carlisle, PA VIRGINIA R. WENTZEL, Plaintiff vs. JAMES B. WENTZEL, Defendant : IN THE." COURT OF COMMON p CUMBERLAND r~,~, .... LEAS OF C,.,,.,~-~ j r, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 03 - 3801 CIVIL TERM : : IN DIVORCE ATTORNEY'S ACCEPTANCE! OF SERVICE l, THOMAs J. WILLIAMS, ESQUIRE, A'FI'ORNEy FOR DEFENDANT, JAMES B. WENTZEL, IN THE ABOVE CAPTIONED ACTION, HEREBY ACCEPT SERVICE OF THE DIVORCE COMPLAINT FILED AUGUST 6, 2003 IN THE ABOVE ACTION ON AUGUST ,~ ~ DEFENDANT's BEHALF AND HEREBy ACKNOWLEDGE THAT I -----------__, 2003 ON AM AUTHORIZED TO DO SO. THOMAs j. WILLIAMS, ESQUIRE MARTSON, DEARDORFF, WILLIAMs & OTTO TEN EAST HIGH STREET CARLISLE, PA 17013 SAIDIs SI=F, FLOWER LINDSAY VIRGINIA R. WENTZEL, Plaintiff VS. JAMES B. WENTZEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03 - 3801 CIVIL TERM IN DIVORCE pLAINTIFF'S AFFIDAVIT OF CONSENT_ UNDER-~CTION 3301 c OF THE DIVORCE CODE AND WAIVER OF cOUNS_E_MNG_ 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 6, 2003. 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 in Divorce after service of notice of intention to request entry of the Decree. 4. I verify that the statements made in this Affidavit are true and correct to the best of my kr~owledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unswom falsification to authorities. ~//] , ~ · - J.~irgi ni a~/R .-We ntze, Plaintiff SAIDIS SHUFF, FLOWER LINDSAY W. High Street Carlisle, PA PLAINITFF'S WAIVER OF NO~TICE OF.I~NTENTION TO REQUEST_ -- ENTRY OF A DIVORCE D~CREE UNDER S~C [O 30~HE _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 witl not be d vorced unti a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immed ately after t is filed with the Prothonotary. I verify that the statements made in this Affidavit are 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. 4904 relating to unsworn falsification to authorities Date: / 2 ' /7 ~ Signat ' SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA VIRGINIA R. WENTZEL, Plaintiff V$, JAMES B. WENTZEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03 - 3801 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODI' AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divome Code was flied on August 6, 2003. 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 in Divorce after service of notice of intention to request entry of the Decree. 4. I verify that the statements made in this Affidavit are 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. 4904 relating to unsworn falsification to authorities. ,~mes B. Wentzel, Defendant DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUE=, ENTRY OF A DIVORCE DECREE UNDEr[ _SECTION 3301(c.~OF THE D_IVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I undersi, and 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. 4. I verify that the statements made in this Affidavit are 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. 4904 relating to unsworn falsification to authorities. ~es B. Wen~el,~ SAIDIS SHUFF, FLOWER & LINDSAY _Arro~ 26 W. High Street Carlisle, PA VIRGINIA R. WENTZEL, Plaintiff VS. JAMES B. WENTZEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 03 - 3801 CIVIL TERM : : IN DIVORCE P~RAEClPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divome decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Acceptance of Service signed by Thomas Williams, Esquire on behalf of the Defendant, James B. Wentzel and filed on August 20 2003 (Complete either paragraph (a) or (b)). (Complete either paragraph (a) or (b)). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divome Code: by the Plaintiff December 09, 2003; by the Defendant December 15, 2003. Date of filing of Plaintiff's Affidavit of Consent: December 19, 2003 and the Defendant's Affidavits of Consent: December 30, 2003. 4. Related claims pending: _None: Resolv~,d by Marital Property Settlement and_ S_eparation Aqreement dated Aug~ ~s_t 1st, 2003_. 5. Complete either (a) or (b). (a)Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in 3301(c) Divome was executed: December 9, 2003; Date Plaintiff's Waiver of Notice in 3301(c) Divorce was filed wJth the Prothonotary: December 19, 2003. Date Defendant's Waiver of Notice in 3301(c) Divorce was executed: December 15, 2003. Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: December 30, 2003 26 West High Street Cadisle PA 17013 Phone: 717.243.6222 Attorney for Plaintiff INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~ PENNA. VIRGINIA R. WENTZEL Plaintiff VERSUS JAMES B. WENTZEL Defendant NO. 03-3801 DECREE IN DIVORCE A N D N 0 W,~~l~l,~ DECREED THAT , IT IS ORDERED AND Virginia R. Wentzel AND James B. Wentzel ARE DIVORCED FROM THE BONDS OF MATRIMONY. _, PLAINTIFF, --, DEPENDANT, 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: The terms of the marital settlement agreement of August 1, 2003 are incorporated but not merged into the Decree in Divorce. v