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Home My WebLink About09-7398Q1 IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF CUMBERLAND COUNTY PENNSYLVANIA Thomas Michael Herweg, Plaintiff § 203 Reno Avenue § New Cumberland, Pennsylvania 17070 § Colleen Marie Herweg, Defendant § 203 Reno Avenue § New Cumberland, Pennsylvania 17070 § CIVIL ACTION - LAW C rv I TERM CASE NO. - -1 a 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 action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you, including, custody or visitation of your children. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 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 CUMBERLAND County Courthouse, 1 Courthouse Square, Suite 100, Carlisle, PA 17013. Office of the Prothonotary CUMBERLAND County Courthouse 1 Courthouse Square, Suite 100 Carlisle, PA 17013 Telephone (717) 240 - 6195 IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF CUMBERLAND COUNTY PENNSYLVANIA Thomas Michael Herweg, Plaintiff 203 Reno Avenue New Cumberland, Pennsylvania 17070 Colleen Marie Herweg, Defendant 203 Reno Avenue New Cumberland, Pennsylvania 17070 § CIVIL ACTION - LAW § TERM § CASE NO. Q q- 9 3 9 f § IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Thomas Michael Herweg who resides at; 203 Reno Avenue; New Cumberland, Cumberland County, 17070 since August 1, 2003 (date.) 2. Defendant is Colleen Marie Herweg who resides at: 203 Reno Avenue; New Cumberland, Cumberland County, Pennsylvania 17070 since August 1, 2003 (date.) 3. ® Plaintiff and/or ® Defendant have been a bona fide resident(s) of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff married Defendant on April 1, 1993 at Colorado Springs, Colorado. 5. Neither plaintiff nor defendant is in the military or naval service of the United States or its allies within the provisions of the Service Members Civil Relief Act of 2003. 6. There have been no prior action of divorce or for annulment between the parties, except: none. 7-The marriage is irretrievably broken. Complaint for Divorce; Page 1 8. After 90 days have elapsed from the date of filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 9. 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. 10. The following children were born to or adopted by the parties to this marriage: Name Birthdate Age Amber Marie Herweg November 17, 1993 15 Johnathan Michael Herweg February 6 1995 14 WHEREFORE, if both parties file affidavits consenting to a divorce after 90 days have elapsed form the date of filing of this Complaint, Plaintiff respectfully requests that a decree of divorce be entered pursuant to Section 3301(c) of the Divorce Code dissolving the marriage between the Plaintiff and Defendant. COUNT II REQUEST FOR INCORPORATION OF MARITAL SETTLEMENT AGREEMENT PURSUANT TO SECTIONS 3104(A)(1) AND (3) AND 3323(B) OF THE DIVORCE CODE. Paragraphs 1-10 are incorporated herein and made a part hereof by reference as though fully set forth. The parties have entered into a written Marital Settlement Agreement providing for the care, custody and support of their minor child(ren), a copy of which is attached hereto and incorporated by this reference the same as if fully set forth at length, and their agreement is in the best interest of the child(ren). Complaint for Divorce; Page 2 WHEREFORE, Plaintiff respectfully requests that this Court approve and incorporate the agreement reached between the parties into the final divorce decree, pursuant to Sections 3104(a)(1) and (3) and 3323(b) of the Divorce Code. r Thomas Mich Herweg I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to penalties of the 18 Pa.C.S. Section §4094 relating to unsworn falsification to authorities. Date: /e - 2 ?l- c 4 omas ae erweg, Pro -Per • Recorded. ...... ........... ..................... .... ............................. at. ................................o'clock............... M. Reception No ................................... .................................................................................Recorder NOTE: This is a MARRIAGE LICENSE-NOT A MARRIAGE CERTIFICATE. If it is not usedy'ihe person to whom it is delivered must return it promptly to the County Clerk and Recorder who issued it. THIS LICENSE VALID FOR ONLY 30 DAYS FROM DATE OF ISSUE. MARRIAGE - LICENSE STATE OF COLORADO, SS. County of El Paso. N? C x•)86698 ?o Zinp Peron or Retigioul; 6ocietp Zlutborl?eb by tabu to Perform the marriage Ceremoup: G R E E T I N G S: You are hereby authorized to join in marriage Thomas M.LchaeR' Hentueg of_.___-Camp HZU, Pennzfkvaniz ---and ------------------ ..................... --------- ----.---- Co?.feen Max.... Mo fan ..of..... Ne..poPennay:Cvaniq------------------------ and of this license you will make due return to my office. F1 DIN THE COUNTY COURT ff EL PAW COUNTY COLOR{1DWITNESS my hand and the seal of my office at -Pm o 1; '(993 Issu? am at..... 3 45 .....o'clock..... p....M. Colorado Springs, Colorado, this ........ 31b?------ day of --------------Max ---------------------... 19 93.... unty Clerk B c \ Ica . ........Deputy MARRIAGE CERTIFICATE STATE OF COLORADO, County of EL PASO ----- ------- - ............ ?33. It is hereby certified that on the.........lst .............day of........... APRIL...................... A. D. 19......9.3 at.--..C.QLQRAAQ..SFRI NGS ..............in said County, the undersigned, a....... CQUNTY..JUDGE........... did join in the Holy Bonds of Matrimony in accordance with the laws of the State of Colorado and the authorization of the foregoing license THOMAS MICHAEL HERWEG ......................................of.... CAMP. HILL ,....PENNSYLVANIA. and....COLLEEN._.MAR. E--MQRAN............5. .......? o NEWPORT.,...P NNSXL.VARIA .............. Witness my hand and seal the day and ye\\ar la a ve written. (SEAL) COUNTY JUDGE (OFFICIAL TITLE) SIGNATURES OF WITNESSES: Signed... ....... .................... Groom - ----------------------- ...........................................................1 Signed..................................... 11 '. SrYde After recording, return the License and Certificate to: ----------- NIT.277...CAV10A.t..C 4Pn,..CU..8.0.9.1.3............ I...ct6 e0py = m ? 1.1UI,REffiS OF TIIE PARTIE51 This certificate, duly executed together with the License, must be returned promptly after the marriage by the minister or officer who shall have solemnized the marriage, to the Office of the County Clerk who issued the same. Twenty to Fifty dollars fine for failure to do so. IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF CUMBERLAND COUNTY PENNSYLVANIA Thomas Michael Herweg, Plaintiff § 203 Reno Avenue § New Cumberland, Pennsylvania 17070 § Colleen Marie Herweg, Defendant § 203 Reno Avenue § New Cumberland, Pennsylvania 17070 § CIVIL ACTION - LAW TERM CASE NO. IN DIVORCE COUNSELING NOTICE RULE 1920.45(a)*(1) The Divorce Code of Pennsylvania requires that you be notified of the availability of counseling where a divorce is sought under any of the following grounds: Section 3301 (a)(6) Indignities Section 3301 (c) Irretrievable breakdown Mutual Consent Section 3301 (d) Irretrievable breakdown Two/Three year separation A list of qualified professions is available for inspection in the Office of the Prothonotary CUMBERLAND County Courthouse 1 Courthouse Square, Suite 100 Carlisle, PA 17013 Telephone (717) 240 - 6195 IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF CUMBERLAND COUNTY PENNSYLVANIA Thomas Michael Herweg, Plaintiff § 203 Reno Avenue § New Cumberland, Pennsylvania 17070 § Colleen Marie Herweg, Defendant § 203 Reno Avenue § New Cumberland, Pennsylvania 17070 § CIVIL ACTION - LAW C ;?? TERM CASE NO. 3 9 9- IN DIVORCE AFFIDAVIT OF NON-NULITARY SERVICE Thomas Michael Herweg, being duly sworn according to Law, deposes and says that Plaintiff knows by Plaintiffs own personal knowledge and therefore avers that the defendant, Colleen Marie Herweg, is 33 years of age and resides at 203 Reno Avenue, New Cumberland, Pennsylvania 17070; and that Defendant is not in the military service of the United States or its allies, or otherwise within the provision of the Service Members Civil Relief Act of 2003 that the defendant is employed by West Shore School District. Date: l0- 2`,-&I G?? - Thomas Mich Herweg, Plaintiff Sworn to and subscribed before me this the 28' day of L?cro Ibex 2 U D °1 2Rotary Public' V PROTHONOTAR IY, NOTARY SEAL CARUSLE CUMBERLAND CO NTY COU PUBLIC MY COMMISSION EXPIRES JANUARY 4, 2010 9,2 OF THE PROP+tOT 209 OCT 2a AM 10: 24 CU RLA,,io couNTY PENNSYLVA* 3 -3 /21.?3a6sS7 IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF CUMBERLAND COUNTY PENNSYLVANIA Thomas Michael Herweg, Plaintiff § 203 Reno Avenue § New Cumberland, Pennsylvania 17070 § Colleen Marie Herweg, Defendant § 203 Reno Avenue § New Cumberland, Pennsylvania 17070 § CIVIL ACTION - LAW Geld TERM CASE NO. O '5'l IN DIVORCE AFFIDAVIT AS TO SIGNATURE Thomas Michael Herweg, being duly sworn according to law, deposes and says that Thomas Michael Herweg is the Plaintiff in the above-captioned divorce action; that Thomas Michael Herweg is familiar with the signature of the Defendant; and that the signature on the Acceptance of Service s the signature of the Defendant, Colleen Marie Herweg. Date: A? 6 Z':zC - D 9 Sworn to and subscribed before me this the Th A& I Herweg, Plaintiff day of Notary Public OF AWT46AW 2W OCT 29 AM 1 ! : 26 kl,lASYI.VAN' IA IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF CUMBERLAND COUNTY PENNSYLVANIA Thomas Michael Herweg, Plaintiff 203 Reno Avenue New Cumberland, Pennsylvania 17070 Colleen Marie Herweg, Defendant 203 Reno Avenue New Cumberland, Pennsylvania 17070 § CIVIL ACTION - LAW § c' § § TERM § CASE NO. O "J -7 3 17' § IN DIVORCE ACCEPTANCE OF SERVICE I, Colleen Mane Herweg, am the Defendant in the above entitled case and I do hereby accept service of the Complaint in Divorce filed in the above-captioned matter. Date C Teen Marie Herweg, def ant 'Uh't OF T flHUTHONaTAW OCT 29 P 1 t ; 26 CUMOv.t% -tip 4 .: ?I PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF CUMBERLAND COUNTY PENNSYLVANIA Thomas Michael Herweg, Plaintiff § 203 Reno Avenue § New Cumberland, Pennsylvania § 717-979-2115 § VS. § Colleen Marie Herweg, Defendant § 203 Reno Avenue § New Cumberland, Pennsylvania 17070 717-343-9276 CIVIL ACTION - LAW CIVIL TERM CASE NO. 09-7398 Petition for Discontinuance of Divorce Action In regards to the petition of Thomas Michael Herweg, petitioner respectfully represents: 1. Petitioner filed a Complaint in Divorce on October 281h, 2009, which was duly served upon defendant. 2. Petitioner no longer desires to proceed with the present action 3. Petitioner and respondent have in the interim amicably adjusted their differences and have resumed cohabitation as husband and wife WHEREFORE, petitioner prays that the Court enter an Order that the said suit be discontinued and ended, without prejudice, upon payment of costs only. BK T omas . Herw Petitioner, Plaintiff November 12`h, 2009 Date A`?, 1,,:- '1? 'J7