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HomeMy WebLinkAbout04-0926TRACEY M. WEAVER, Plaintiff VS. ROBERT L. WEAVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COLrNTY, PENNSYLVANIA No. ~) ~//- ~] 3- (~ Civil Term : ACTION 1N 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. Where the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage cotmseling. A list of marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 St. Carlisle, Pa. 17013 (717) 249-3166 TRACEY M. WEAVER, Plaintiff VS. ROBERT L. WEAVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. D6/- '~v,~(e CivilTerm : ACTION IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiffis Tracey M. Weaver, a competent adult individual, who has resided at 107 Red Tank Road, Boiling Springs, Cumberland County, Pennsylvania, 17007, since August 2003. 2. Defendant is Robert L. Weaver, a competent adult individual, who is believed to reside in York County, Pennsylvania; his specific address is unknown. 3. Plaintiffand Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on January 25, 1991 in Towson, Maryland. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiffhas been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have two children together; namely, Brooke Made Weaver, date of birth, March 4, 1992, and Ashleigh Marie Weaver, March 14, 1996. 8. Plaintiff and Defendant are both citizens of the United States o£America. 9. Neither Plaintiffor Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiffavers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. 1 verify that the statements made in this Complaint arc true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. / '--~Tracey M. Wqa~er, Plaintiff Date: ,'~ j t.~( _~ t_~ Respectfully submitted, (717) 245-8508 ATTORNEY FOR PLAINTIFF TRACEY M. WEAVER, Plaintiff VS. ROBERT L. WEAVER, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : :No. 0~._ t~(~ Civil Term : : ACTION IN DIVORCE AFFIDAVIT OF SEPARATION 1. The parties to this action separated on March 3, 2002 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 my 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 of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: L ('~(e~_)r, Plaintiff ~6L~Tracey M. W TRACEY M. WEAVER, Plaintiff VS. ROBERT L. WEAVER, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. C2q- q2 t, Civil Term : : ACTION IN DIVORCE ACCEPTANCE OF SERVICE PURSUANT TO PA.R.C.P 4 02(B) AND PA.R.C.P. 1920.4 I, Robert L. Weaver, Defendant in the above-captioned matter, have hereby accepted service, via hand-delivery, of a certified true copy of the Notice to Defend, Complaint in Divorce, and Affidavit of Separation. I hereby waive any and all defects in service of the aforementioned documents or any amendments hereto. Date: ///~obert~. W~ ~er, Defendant TRACEY M. WEAVER, Plaintiff VS. ROBERT L. WEAVER, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. (~/~t-- ~)~{'t~ CivilTerm : ACTION 1N DIVORCE : WAIVER OF NOTICE OF INTENTION .TO REQUEST ENTRY OF A DIVORCE DECREE _.UNDER §3301(e) AND §3301(d) OF THE DIVORCE CODE 1. I consent to entry ora final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 are true m~d 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. ./' Tracey M. '~), Plaintiff TRACEY M. WEAVER, Plaintiff VS. ROBERT L. WEAVER, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. Oc~_C~xD Civilrerm : : ACTION IN DIVORCh: : WAIVER OF NOTICE OF INTENTION _TTO REOUEST ENTRY OF A DIVORC;~ DECREE U_~NDER §3301 fo} AND §3301 (d) OF TItE D! _V. ORCE COI)~ 1. I consent to 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 ifI 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 flied with the Prothonotary. I verify that the statements made false statements herein are made subject falsification to authorities. Date: q,d'0 ~ in this affidavit are tree and correct. I understand that to the penalties of 18 pal2 q ~,ma~ __, .. . .[ .~ s-,Ju., mtanng to unsworn · ,,~o~rt u.',,~2q/tv~, D~fendant TRACEY M. WEAVER, Plaintiff VS. ROBERT L. WEAVER, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 04-926 Civil Term : : ACTION IN DIVORCE ; PRAECIPE TO TRANSMIT REC,OR~} TO THE PROTHONOTARY: decree: Transmit the record, together with the following information to the Court for entry of a divorce 1. Ground for divorce: irretrievable breakdown under~3301(d) of the Divorce Code. 2. Date and manner of the service of the Complaint: Delivered by certified mail, restricted .delivery~ Delivered on: March 4 2004 -- -- 3. Date of execution of the affidavit required by §3301(d) of~Ihe Divorce Code: By Plaintiff: March 4, 2004 Date of filing and service of the plaintiffs affidavit of separation required by §3301 (d) of the Divorce Code on respondent: Filed: March 4, 2004 Served on Defendant: March 4, 2004 Affidavit of Service filed: April 6, 2004 4. Related claims pending: No claims raised. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: Notice of intention was forwarded to Defenda~nt; Defendant executed and returned said forms. ~espectfully Submitted: ~e Adams, E~quire O. No. 79465 S. Pitt St. Carlisle, Pa. 17013 (717) 245-S50S Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COU N-i-~F STATE OF ~ PENNA, NO. No. 04 - 926 Civil Term VERSUS Robert L. Weaver, Defendant DECREE IN DIVORCE AND NOW,_ DECREED THAT AND Tracy M. Weaver Robert L. Weaver ARE DIVORCED FROM THE BONDS OF MATRIMONY. ~'~) O ~'~/, IT IS ORDERED AND ., PLAINTIFF, , 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. PROTHONOTARY TRACEY M. WEAVER, Plaintiff VS. ROBERT L. WEAVER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. (~)Lt ~--c.&~% Civil Term ACTION IN DIVORCE ACCEPTANCE OF SERVICE OF AFFIDAVIT OF SEPARATION I, Robert L. Weaver, Defendant in the above-captioned matter, have hereby accepted service of the Affidavit of Separation at least twenty days prior to my signing of this Affidavit. I hereby waive any and ail defects in service of the aforementioned documents or any amendments hereto. I,ate:4'd'Oq t~er, ~)'efendant TRACEY M. WEAVER, Plaintiff VS. ROBERT L. WEAVER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 04 - 926 Civil Term ACTION IN DIVORCE NOTICE OF INTENT TO REOUEST ENTRY OF DIVORCE DECREE TO: Robert Weaver, via hand/delivery. DATE: March 31, 2004 You have been sued in an action for divorce. You have failed to answer the Complaint or file a Counter-Affidavit to the 3301(d) affidavit. Therefore, on or after April 19, 2004, 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 Counter-Affidavit by the date above, 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 lose forever the right to ask for economic relief. A COUNTER-AFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. 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. The filing of your counter-affidavit alone does not protect your economic claims. 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. Central Pennsylvania Legal Services 213 A N. Front Street Harrisburg, Pa. 17101 (800) 932-0356 TRACEY M. WEAVER, Plaintiff VS. ROBERT L. WEAVER, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04 - 926 Civil Term ACTION 1N DIVORCE COUNTER-AFFIDAViT UNDER SECTION 3301~) .f the DIVORCE CODE 1. Check either (a) or (b): - -- - ~ _(a) I do not oppose the entry ora divorce decree. ('),("), 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, and 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, awyer s fees, or expenses or other important rights. I understand that in addition to checking (b) above, I must aiso file all of my economic claims with the Prothonotary in writing and serve them on the other party. If/fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made 'ect to the enaitles of 18 Pa.C.S. §4904 relating t° un~wom faisification to authorities. NOTICE: If you do not wish to on~~v~..r.'.~Defen, dant ry a~vorce at~cree and you do not wish to make a claim for economic relief, you need not file the counter-affidavit.