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HomeMy WebLinkAbout08-7344 Andy L. Weiser, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. Q?- 73W : CIVIL - DIVORCE Angela Weiser, Defendant NOTICE TO DEFEND 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 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 the first floor in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 a a ANDY L. WEISER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. . NO. CIVIL-DIVORCE ANGELA WEISER, Defendant COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Andy L. Weiser, by his attorney, John M. Kerr, Esquire, pursuant to Section 3301 of the Pennsylvania Divorce Code, and seeks to obtain a Decree in Divorce from the Defendant, Angela Weiser, upon the grounds set forth: 1. The Plaintiff, Andy L. Weiser, is an adult individual residing at 427 Parkhills Drive, Mechanicsburg, Pennsylvania 17055. 2. The Defendant, Angela Weiser, is an adult individual residing at 22 Sunset Drive, Mechanicsburg, Pennsylvania 17050. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July, 13, 2002 in Carlisle, Pennsylvania. 5. The parties separated on May 13, 2008. 6. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 8. The Plaintiff and Defendant are both citizens of the United States of America. 9. The Defendant is not a member of the United States Armed Forces. 10. Plaintiff has 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. 11. The cause of action and section of the Divorce Code under which Plaintiff is proceeding is the marriage is irretrievably broken under 23 Pa. Const. Stat. §3301(c). 12. Plaintiff requests this Honorable Court to enter a decree of divorce pursuant to Section 3301(c) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code, following the filing of appropriate affidavits of consent after the statutory period has elapsed. Respectfully submitted, -Q'? /ff & In M. Kerr, Esquire Attorney I.D. # 26414 Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 Dated: December 17, 2008 VERIFICATION The undersigned, Andy L. Weiser, hereby states that he is the Plaintiff in the foregoing divorce action and, as such, is authorized to execute this Verification and that any factual statements contained in the preceding Divorce Complaint are true to the best of his knowledge, information and belief. He understands that any false statements are subject to the penalties prescribed at 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. ndy L. Weiser tom, C C O v ?f W rTl tT .:? 4 ANDY L. WEISER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-7344 CIVIL CIVIL - DIVORCE ANGELA WEISER, Defendant AFFIDAVIT OF SERVICE Undersigned Paralegal for the Law Office of John M. Kerr, Esquire, deposes and states as follows: 1. Undersigned Paralegal, Heather S. Clouser is an employee of the Law Office of John M. Kerr, which maintains an office at 5020 Ritter Road, Suite 109, Mechanicsburg, Pennsylvania 17055. 2. On January 16, 2009, undersigned Paralegal sent by Certified Mail, Return Receipt Requested, from Mechanicsburg, Pennsylvania, No. 7007-2680-0000-2363-4196, a Complaint in Divorce in the above-captioned matter to: Angela Weiser 22 Sunset Drive Mechanicsburg, PA 17050 3. On January 21, 2009, at 12:52 p.m. Angela Weiser signed the receipt, No. 7007-2680- 0000-2363-4196, which is appended to this Affidavit. A Tracking and Confirmation from the United States Postal Service is also appended to this Affidavit. N Respectfully submitted, Heather S. Clouser, Paralegal Law Office of John M. Kerr, Esquire 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 heather@iohnkerrlaw com Dated: January 30,2009 Sworn and subscribed before me, a COMMONWEALTH OF PENNSYLVANIA Notarial Seal Nervy A. VYtftw, Notary Public Centro TWP.' "Courtly My CommisWM F.xpirse Feb. 9, 2012 Member, Penneylvania Aseoclation of Notaries Notary Public, this 30th day of USPS - Track & Confirm UNUEDSA Track & Confirm Search flesuks Label/Receipt Number: 7007 2680 0000 2363 4196 Status: Delivered Your item was delivered at 12:52 PM on January 21, 2009 in MECHANICSBURG, PA 17055. ?_'??la>purN DeNNls s ? ru alp t/S?C ??,', Page 1 of 1 Home I Help I Sign in Track & Confirm FA.Qs. Trnk & Carl rm Enter Label/Receipt Number. lie > *i Wificatim ? I Track & Confirm by email Get current event information or updates for your item sent to you or others by email. f A.W? 7 S+(e tpla¢ contact Us Forms Gov't Services Jobs Privacy Policy Terms of Use National S Premier ACCVUnis CopyrightO,1999-2007 LISPS. All Rights Reserved. No FEAR Act EEO Data FOIA ¦ Complete items 1, 2, and 3. Also complete A.+ ib item 4 if Restricted Delivery is desired. X ? 13 Agent ¦ Print your name and address on the, reverse l?I so that we can return the card to you. g, by ( „re) C. Datb of Delivery If Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address 1? 1. Amide Addressed to: H YES. enter .del 17 i Gg "' 3. ServkeTylie ? ?Certtfied Mail c'ree ? Registered ? Retrxn eceipt for Merchandise ? iramw Mah ? C.O.D. 4. Restricted DWK-y? (Extra Fee) ?' Yes 2. ffiransW 7007 2680 O000 2363 4196 PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-1540 htt •//t k f 1 - _ _ _ _ __ _ p. r %, rm .sm>.usps.con/PTSInternetWeb/InterLabeilnquiry.do 1/30/2009 ANDY L. WEISER, Plaintiff V. ANGELA WEISER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7344 CIVIL CIVIL - DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 33010 OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 17, 2008. 2. The marriage of the plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 1 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.. §49 relating to unsworn falsification to authorities. J Dated: - 10?_ Signature: OF Now J XP OCT 26 P" 4: ol RkSYi.VA?11A ANDY L. WEISER, Plaintiff V. ANGELA WEISER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7344 CIVIL CIVIL-DIVORCE PjaAf 2!S AFFIDAVIT OF CONSENT UNDER SECTION 3301© OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 17, 2008. 2. The marriage of the plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 1 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: 10-8 -09 Signature: 4 aA%aw OCT 26 4.01 Pta}MVO ANDY L. WEISER, Plaintiff V. ANGELA WEISER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7344 CIVIL CIVIL - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 1 do not claim them before a divorce is granted. 3. 1 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. Date: 1d-8-09 G A, Andy L. Weiser, Plaintiff OF lw OCT 26 1! 4: Q' 1 Y?BCila. ,4u l oum PWYLV ANDY L. WEISER, Plaintiff V. ANGELA WEISER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7344 CIVIL CIVIL - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to entry of a final decree of divorce without notice. 2. 1 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. 1 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. Date:?Z gela Weiser, Defendant aF4 M OCT 26 M 4' 01 "18 NTY ANDY L. WEISER, Plaintiff VS. ANGELA WEISER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 08-7344 CIVIL TERM PRAECIPE TO TRANSNUT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under 3301 (c) of the Divo=e Code. (Strikeout inapplicable section) 2. Date and manner of service of the complaint: Certified Mail #7 0 0 7 2 6 8 0 0 0 0 0 2 3 6 3 419 6 on 1/16/09 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: by plaintiff 10 / 8/ 0 9 ; by defendant 10/12/09 b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: none 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 of plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: 10/26/09 Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the Prothonotary: 10/26/09 q4 of i?w Attomey for PlaintiffADsi woo OC7 26 4: 02 %.-.R, `'?? rJu Y k? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANDY L. WEISER V. ANGELA WEISER NO 08-7344 CIVIL DIVORCE DECREE AND NOW, C.,,kb b? 2:7 , 2-00, it is ordered and decreed that ANDY L. WEISER plaintiff, and ANGELA WEISER , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE By the Court, 4 '