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Home My WebLink About04-2542Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 PATRICIA U. WEBER, Plaintiff V. TIMOTHY F. WEBER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. COY- .25Y? C«AL`T Akvl CIVIL ACTION - LAW 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 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 and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. 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 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 PATRICIA U. WEBER, Plaintiff V. TIMOTHY F. WEBER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O'! - ;t SL1nX, CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Patricia U. Weber, an adult individual residing at 82 North Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Timothy F. Weber, an adult individual residing at 82 North Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. Pennsylvania. 5. The Plaintiff and Defendant were married on August 21, 1982 in Cumberland County, There is one (1) minor child born of this marriage: Timothy J. Weber, born June 21, 1986. 6. The parties separated on May 25, 2004. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs I through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with § 3301 of the Pennsylvania Divorce Code. COUNT H EQUITABLE DISTRIBUTION 12. The averments in paragraphs 1 through 11 of Plaintiffs Complaint are incorporated 2 herein by reference thereto. 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401(d) of the Pennsylvania Divorce Code. COUNT III SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 14. The averments in paragraphs I through 13, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 15. Plaintiff requires reasonable support to adequately sustain herself with the standard of living established during the marriage. WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony Pendente Lite. COUNT IV ATTORNEY'S FEES AND COSTS 16. The averments in paragraphs 1 through 15, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 3 IT Plaintiff is unable to sustain herself during the course of this litigation and has employed Barbara Sumple-Sullivan, Esquire as counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel, and the necessary and reasonable costs and expenses. WHEREFORE, Plaintiff requests an award of counsel's fees and expenses. WHEREFORE, Plaintiff, Patricia U. Weber, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Awarding Plaintiff support, alimony and alimony pendente lite; C. Awarding Plaintiff counsel fees, costs and expenses; D. Equitably distributing the marital property; and E. Awarding other relief as the Court deems just and reasonable. Dated: 60 , 2004 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 4 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 PATRICIA U. WEBER, Plaintiff V. TIMOTHY F. WEBER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: /?JQ? PA'J'La- PATRICIA U. WEBER Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 PATRICIA U. WEBER, Plaintiff V. TIMOTHY F. WEBER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, Patricia U. Weber, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. Dated: ?/3 2004 PATRICIA U. WEBER p p C c?c 1 rz P- --/" G: J -7 1 a Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 PATRICIA U. WEBER, Plaintiff V. TIMOTHY F. WEBER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2542 CIVIL ACTION - LAW IN DIVORCE ACEPTALN-CE OF SERVICE I, Mark T. Silliker, Esquire, hereby accept service and acknowledge receipt of the above_ captioned Complaint in Divorce, on behalf of my client, Timothy F. Weber, having received said Complaint on the T day of June, 2004. T. S IKER, ESQUIRE illiker &Reinhold 5922 Linglestown Road Harrisburg, PA 17112 C7 o a' CX .n t1 C `}" C N N O J? Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 PATRICIA U. WEBER, Plaintiff V. TIMOTHY F. WEBER, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2542 CIVIL ACTION -LAW IN DIVORCE AND CUSTODY TO THE HONORABLE JUDGES OF SAID COURT: MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND DOCUMENT PRODUCTION REQUESTS AND NOW, this day o , 2005, comes the Plaintiff, Patricia U. Weber, and respectfully moves this Honorable Court to Compel Responses to Interrogatories and Document Production Requests. In support thereof she avers the following: 1. The above-captioned matter involves failure of Defendant to respond to Interrogatories and Document Production Requests propounded by Plaintiff. 2. Interrogatories and Document Production Requests were initially served by Plaintiff's counsel on November 30, 2004 with a copy being forwarded to Defendant's prior counsel, Mark T. Silliker, Esquire. 3. Responses were due within thirty (30) days in accordance with 42 Pa. R.C.P. 4006 and 4009.12. 4. No timely response has been received to this discovery request nor has any request for time extension been made. 5. Plaintiff requests Defendant shall be ordered to answer the discovery requests within ten (10) days from the date of this order. 6. Pa. R.C.P. 4019 provides as follows: 4019 (a)(1) The court may, on motion, make an appropriate order if (i) a party fails to serve answers, sufficient answers or objections to written interrogatories under Rule 4005. 4019 (c) The court, when acting under subdivision (a) of this rule, may make (1) an order that the matters regarding which the questions were asked, or the character or description of the thing or land, or the contents of the paper, or any other designated fact shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order; (2) an order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting such party from introducing in evidence designated documents, things or testimony, or from introducing evidence of physical or mental condition; (3) an order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or entering a judgment of non pros or by default against the disobedient parry or party advising the disobedience; (4) an order imposing punishment for contempt, except that a party may not be punished for contempt for a refusal to submit to a physical or mental examination under Rule 4010; (5) such order with regard to the failure to make discovery as is just. WHEREFORE, it is respectfully requested that Defendant, Timothy F. Weber, be compelled to respond to Interrogatories and Document Production Requests referred to in this Motion within ten (10) days of the order or suffer the imposition of sanctions as required by Pa. R.C.P. 4019, including attorney's fees and costs. Dated: 1//0 , 2005 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 PATRICIA U. WEBER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-2542 TIMOTHY F. WEBER, CIVIL ACTION -LAW Defendant IN DIVORCE AND CUSTODY CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served the Motion to Compel Response to Interrogatories and Document Production Requests to this Honorable Court, in the above-captioned matter upon the following individual via United States Mail: Mr. Timothy F. Weber 82 North Old Stonehouse Road Carlisle, PA 17013 DATE: U Mark T. Silliker, Esquire Silliker & Reinhold 5922 Linglestown Road Harrisburg, PA 17112 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff r-? ??? c"`? ? w ?"` -? c?,- _? C? _.? ? r _- R i"? -? "?i '-1, ? ;_ t t3.7 _i .--- _ ?? PATRICIA U. WEBER, IN THE COURT OF COMMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TIMOTHY F. WEBER, . Defendant NO. 04-2542 CIVIL TERM ORDER OF COURT AND NOW, this 25`h day of January, 2005, upon consideration of Plaintiff's Motion To Compel Responses to Interrogatories and Document Production Requests, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. /6arbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 Attorney for Plaintiff ,Mark T. Silliker, Esq. 5922 Linglestown Road Harrisburg, PA 17112 Attorney for Defendant v f'""" 1 :rc BY THE COURT, -q '!j ??.? Barbara Sumple-Sullivan, Esquire 544 Bridge Street New Cumberland, PA 17070 PA ID NO. 32317 717-774-1445 (Phone) 717-774-705( (Fax) PATRICIA U. WEBER, Plaintiff VS. TIMOTHY F. WEBER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04 - 2542 CIVIL TERM IN DIVORCE MOTION FOR AN ORDER APPROVING STIPULATION AND AGREEMENT_ Plaintiff, Patricia U. Weber, by and through her attorney, Barbara Sumple-Sullivan, Esquire, hereby submits this Motion for Order Approving Stipulation and Agreement, and in support thereof states as follows: 1. Plaintiff and Defendant are parties in the above-captioned divorce proceeding which was initiated by Complaint filed on June 4, 2004. 2. Subsequent to the filing of a Complaint in Divorce by the Plaintiff, certain differences have arisen between the parties concerning and relating to contact and communication between the parties and Plaintiff's sole possession and occupancy of the parties, marital residence. 3. The parties have entered into a Stipulation and Agreement addressing those issues identified in Paragraph 2 above, a true and correct copy of which Stipulation and Agreement are attached hereto and incorporated by reference herein as "Exhibit A" 4. The parties desire their Stipulation and Agreement be approved by the Court and incorporated into an order of this Court. 5. Defendant's Counsel, Andrew C. Sheely, Esquire, hereby concurs with this motion. WHEREFORE, Plaintiff requests that this Honorable Court approve the Stipulation and Agreement att aed to this Motion as "Exhibit A". Date: May 2005 / Barbara Sumple-Sullivan, Esqu PA. I.D. No. 32317 549 Bridge Street New Cumberland, PA 17070 717-774-1445 Attorney for Plaintiff 2 Barbara rumple-sullioan, Esquire 545 Bridue Street New ^umberland, PA 17070 PA J:6 NG. 32317 717-774-1445 (Phone) 717-774-7059 (Fax) PATRICIA U. WEBER, Plaintiff VS. TIMOTHY F. WEBER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04 - 2542 CIVIL TERM IN DIVORCE STIPULATION AND AGREEMENT Plaintiff, Patricia U. Weber, represented by Barbara Sumple- Sullivan, Esquire, and Defendant Timothy F. Weber, represented by Andrew C. Sheely, Esquire, hereby stipulate and agree as follows: 1. Exclusive possession of the parties' marital residence located at 82 North Old Stonehouse Road, Carlisle, Pennsylvania, is given and granted to Patricia A. Weber pending further agreement or subsequent Order of Court; and 2. Timothy F. Weber shall at no times enter into or upon the house or real estate located at 82 North Old Stonehouse Road, Carlisle, Pennsylvania. Further, Timothy F. Weber, shall at no time enter into or be upon the premises of any future residence of Patricia U. Weber. This provision may be modified with advanced written consent of the parties counsel. 3. Timothy F. Weber shall at no time enter into or upon the present place of employment of Patricia U. Weber or enter into or upon any future place of employment of Patricia U. Weber. 4. Timothy F. Weber shall have no direct personal contact with Patricia U. Weber. 5. Timothy F. Weber shall have no written, verbal or telephonic communication with Patricia U. Weber. All communication between the parties shall be made by communication between the parties's attorneys. 6. This Stipulation and Agreement shall be submitted to the Court for approval in the form of an Order of Court. 7. Upon the issuance of an order of Court approving this Stipulation and Agreement, Patricia U. Weber agrees to withdraw without prejudice the Petition for a Protective order under the Protection from Abuse Act docketed to NO. 05-2460 Civil Term, Cumberland County, Pennsylvania, at which time any Temporary Protective Order entered in the aforementioned proceeding shall terminate and end if not earlier terminated or ended by Order of Court. 8. This Stipulation and Agreement shall be enforceable against Timothy F. Weber through contempt proceedings brought in the Court of Common Pleas of Cumberland County, Pennsylvania, or in any other applicable or appropriate jurisdiction or Court. 9. This Stipulation and Agreement shall in no way be construed to preclude any future remedy, proceeding or action of any kind or nature available to or involving either party, including those rights available to both parties under the Pennsylvania Divorce Code and Protection from Abuse Act. 2 10. The parties hereto acknowledge and agree that there is full and adequate legal consideration for this Stipulation and Agreement. WHEREFORE, Plaintiff Patricia U. Weber and Defendant Timothy F. Weber, intending to be legally bound hereby execute this Stipulation and Agreement this 6/'4 day of May, 2005. 1 tl Patricia U. eber Baf -,r-Sumple-Sullivan, 549 Bridge Street New Cumberland, PA 17070 Timothy V. Weber Andrew C. Sheely, Esquire 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 3 Barb,z, Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 PA ID No. 32317 717-774-1445 (Phone) 717-774-7859 (Fax) PATRICIA U. WEBER, Plaintiff Vs. TIMOTHY F. WEBER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04 - 2542 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW, this 1?' day of /na7 , 2005, upon consideration of Plaintiff's Motion for an Order approving Stipulation and Agreement, and the Defendant's concurrence therein, it is hereby ORDERED that the parties Stipulation and Agreement attached to the foregoing Motion as Exhibit "A" is hereby incorporated in this Order and APPROVED. BY THE COURT: --- J. Attorney for Defendant iBarbara Sumple-Sullivan, Esquire Attorney for Plaintiff ?endrew C. Sheely, Esquire %le ?'IY Oh 2 ,'AT,q E n Curtis R. Long Prothonotary V"'?"fftte of the i9rotbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor -o25ya_ _CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573