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Home My WebLink About10-2011CRYSTAL WEYANT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANI A V. :NO. 1b-A011 ??? `< < N DAVID H. WEYANT, : CIVIL ACTION - LAW 7D r Defendant : IN DIVORCE N Q NOTICE T O 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. 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 on the first floor of the Cumberland County Courthouse, Carlisle, Cumberland County, PA. 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 LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 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 the Court Administrator at (717) 780-6624. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. *00-50. PA A? ov* 858I . P14 a'39 3 ? 46 Melanie L. Erb, Esquire 2132 Market Street Camp Hill, PA 17011 717-975-9446 Merbkdcdlaw.net CRYSTAL WEYANT, Plaintiff V. DAVID H. WEYANT, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Crystal Weyant, by and through her attorney, Melanie L. Erb, Esquire and the Dethlefs-Pykosh Law Group, LLC, who brings this Complaint in Divorce and avers as follows: Plaintiff is Crystal Weyant, an adult individual currently residing at 138 Easterly Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant is David H. Weyant, an adult individual currently residing at 1 Mountain Road, Box 306, Summerdale, Cumberland County, Pennsylvania, 17093. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff avers that Defendant has also been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. I& 5. The parties were married on October 26, 1992 in Mechanicsburg, Cumberland County, Pennsylvania. 6. There have been no prior actions of divorce or annulment between the parties. 7. The marriage is irretrievably broken and the parties have been separated since December 2005. 8. Plaintiff avers that neither party is an active member of the United States Military or its allies. 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. Being so advised, Plaintiff waives that right. 10. Plaintiff avers that Defendant has been advised of the availability of counseling and that Defendant may have the right to request that the Court require the parties to participate in counseling. 11. Plaintiff avers the grounds for divorce: a. The marriage is irretrievably broken; b. The parties consent to the divorce; or in the alternative, c. The parties have lived separate and apart for a period or two (2) years. WHEREFORE, Plaintiff, Crystal Weyant, respectfully requests this Honorable Court grant a Decree in Divorce pursuant to Section 3301 (c) or (d) of the Divorce Code. COUNT II EQUITABLE DISTRIBUTION 12. Paragraphs 1 thru 11 are incorporated herein by reference as though set forth in full. 13. Plaintiff and Defendant have acquired property, as well as debt during the marriage which is subject to equitable distribution. 14. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property and debts. WHEREFORE, Plaintiff, Crystal Weyant, respectfully requests this Honorable Court to divide all marital property pursuant to Section 3501 and 3502 of the Divorce Code prior to the entry of a final divorce decree. Count III Alimony pendente lite, Counsel fees and costs 15. Paragraphs 1 thru 14 are incorporated as if set forth fully herein. 16. Plaintiff has retained an attorney to represent her in this action and has agreed to pay her a reasonable fee. 17. Plaintiff is not financially able either to meet the expenses and costs of this action or the fees to which her attorney will be entitled in this case. 18. Plaintiff has insufficient income and assets to provide for her needs. 19. The costs and expenses incurred in this litigation have become and will in the future become onerous, making it difficult for Plaintiff to maintain and support herself during the pendency of this action. 20. Defendant is employed at a higher income level than Plaintiff and is able to financially provide for Plaintiff. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order granting her alimony pendente lite, counsel fees, costs and expenses. COUNT IV Alimony 21. Paragraphs 1 thru 20 are incorporated as if set forth fully herein. 22. Plaintiff has insufficient income and assets to provide for her needs. 23. Defendant is well able to provide for Plaintiff's needs but has refused or otherwise failed to provide for same on a voluntary basis. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order granting her alimony. Respectfully Submitted, Attey I.D. No. 84445 De efs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 717-975-9446 Attorney for Plaintiff VERIFICATION I, CRYSTAL WEYANT, verify that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. 3- DATE CRYSTAL M. WEYANT, Plaintiff VS. DAVID H. WEYANT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2011 CIVIL CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO DISCONTINUE To the Prothonotary: Kindly discontinue the above-captioned divorce proceeding. Respectfully submitted, C-13 ? J C c5 .., .. q rn - ?' LAW FIRM OF LINDA A. CLOTFELTER Date: l?h ?JD Counsel for Plaintiff, Crystal Weyant 5021 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile CRYSTAL M. WEYANT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 10-2011 CIVIL DAVID H. WEYANT, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this "y of December, 2010, the undersigned hereby certifies that a true and correct copy of the foregoing PRAECIPE TO DISCONTINUE was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Mary A. Etter Dissinger, Esquire Dissinger and Dissinger 400 South State Road Marysville PA 17053 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER 5021 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile