Loading...
HomeMy WebLinkAbout09-2785WILLIAM H. WEITZEL, Plaintiff V. MARGARET E. WEITZEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action- Law No. 0- d 7d'5- IN DIVORCE 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 also lose money or property or other rights important to you, including custody or visitation of your children. When the ground 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 the Cumberland County Court House, High and Hanover Streets, Carlisle. IF YOU SO 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, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All anaWments must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. WILLIAM H. WEITZEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. D9.,W716- MARGARET E. WEITZEL, Defendant IN DIVORCE MAINT UNDER SECTIONS 3301(c) or 3301(d) COM OF ]= DIVORCE CODE AND NOW, comes the Plaintiff, William H. Weitzel, by and through his counsel, Michael J. Whare, Esquire and avers as follows: 1. Plaintiff is William H. Weitzel, an adult individual, who currently resides at 110 South West Street, Carlisle, Cumberland County, Pennsylvania 17013 . 2. Defendant is Margaret E. Weitzel, an adult individual, who currently resides 176 West Pomfret Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 27, 1991, in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. 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. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Respectfully submitted, qf0-* At /?? /?- Date. Michael I Whad, Esquire 37 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Plaintiff WILLIAM H. WEITZEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Civil Action- Law No. MARGARET E. WEITZEL, Defendant IN DIVORCE VERMCATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. & 4904 relating to unworn falsification to authorities. Dat . 0 - William H. Weitzel, Plaint' ',- FILED-'Y,-IONCITARY 0, KA I' -:? P "1 1: 4 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA WILLIAM H. WEITZEL., c s , Plaintiff NO. 09-2785 .- , r V. rnca rn - - CIVIL ACTION-LA 2 ` -77 MARGARET E. WEITZEL, ..t crr �', Defendant (In Divorce) c —cf w` AFFIDAVIT ACKNOWLEDGING SERVICE 1 r,9 I, Margaret E. Weitzel, Defendant in the above-captioned Divorce Action do hereby acknowledge receipt of a true and correct copy of the Complaint in Divorce filed on May 4, 2009 in the above-captioned matter. I received a true and correct copy of the Divorce Complaint via Certified Mail on Saturday, May 4, 2009 (the day before Mother's Day). I, Margaret E. Weitzel, 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: IZ 2" ° Mar Weitze g�ret E. l,Defen ant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA • WILLIAM H. WEITZEL., Plaintiff NO. 09-2785 (- C) v. CIVIL ACTION -LAW 5 t=) 171 rri MARGARET E. WEITZEL, - Defendant : (In Divorce) cp r- < PLAINTIFF'S AFFIDAVIT UNDER 3301(c) OF THE DIVORCE :6:1iE fi 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed oii- 4ay4, 2019 and was served on Defendant on May 9, 2009. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. More than Ninety (90) days have elapsed since the date of 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,William H. Weitzel,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: / • / William H. Weitzel,Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA WILLIAM H. WEITZEL : (--) - Plaintiff • NO. 09-2785 • v. m r • CIVIL ACTION -LAW MARGARGET E. WEITZEL "` -- cp Defendant : (In Divorce) c 9 PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY Of A DIVORCE DECREE UNDER 4 3301(c) 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, William H. Weitzel, 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: / i .Z� -"vv. William H. Weitzel,P1 iff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA WILLIAM H. WEITZEL., : rn _ Plaintiff NO. 09-2785 v. : (Dr- ▪ CIVIL ACTION-LAW r-- __ 4 p MARGARET E. WEITZEL, '``' � - Defendant • (In Divorce) DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 4, 2019 and was served on Defendant on May 9,2009. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. More than Ninety (90)days have elapsed since the date of 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, Margaret E. Weitzel, 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: ) _-� , a z0S3 Margaet E. Weitzel,Defendant IN THE COURT OF COMMON PLEAS OF `" CUMBERLAND COUNTY,PENNSYLVANIA .0r,= c�< _ rn c r*0 a WILLIAM H. WEITZEL : F Plaintiff NO. 09-2785 .7;; cr v. : r- ....�. CIVIL ACTION-LAWt -r� �.� MARGARGET E. WEITZEL, — c a• Defendant (In Divorce) ~� :y DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER&3301(c) 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, Margaret E. Weitzel, 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: , a/, a/ zo* 3 l ..,4-it Margret E. Weitzel,Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA WILLIAM H. WEITZEL, Plaintiff : No. 09-2785 v. : CIVIL ACTION-LAW • c- a MARGARET E. WEITZEL, -7. 3 Defendant (In Divorce)'i PRAECIPE TO TRANSMIT RECORD CD TO THE PROTHONOTARY: f.) Transmit the record, together with the following information, to the Court for lrfitry:Of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under § 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: The Divorce Complaint was filed with the Court on May 4, 2009 and served on Defendant via certified mail, return receipt requested, restricted delivery on May 9, 2009. An Affidavit Acknowledging Service is being filed simultaneously herewith. 3. Date of execution of the Affidavit of Consent required by § 3301 (c) of the Divorce Code: Plaintiff executed his Affidavit of Consent on December 14, 2013. Defendant executed her Affidavit of Consent on December 13, 2013. The parties' Affidavits are being filed simultaneously herewith. 4. Related claims pending:None. 5. Plaintiff executed his Waiver of Notice on December 14, 2013.. Defendant executed her Waiver of Notice December 13, 2013. The parties' Waivers are being filed simultaneously herewith. Date: I2. l83 ' L0 3 tom/ Margaet E. Weitzel,Defendant 304 South Pitt Street Carlisle,Pennsylvania 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA William H. Weitzel V. Margaret E. Weitzel NO. 09-2785 DIVORCE DECREE AND NOW-21 1 C�C t. 3 pit is ordered and decreed that William H. Weitzel , plaintiff, and Margaret E. Weitzel , 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.") 0 n e, By the Cou , Attest. J. Prothonotary Ce+44 rnai led.-6 PliT l�o�cc� Ocpcjmailed 4o ` 4 301 3 l a� F