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HomeMy WebLinkAbout04-3516 II Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN E. WERTZ, vs. CIVIL ACTION - LAW . NO. t/~. 3Qk t4d DAVID ALLEN WERTZ, Defendant 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 foregoing 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 in 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 at: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 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, PA 17013 Telephone: (717) 249-3166 II Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN E. WERTZ, vs. CIVIL ACTION - LAW NO. DAVID ALLEN WERTZ, Defendant IN DIVORCE NOTICE OF A V AILABILlTY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 ld) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. II Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN E. WERTZ, vs. CIVIL ACTION - LAW NO. 0 '{..- 35/'- DAVID ALLEN WERTZ, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, KAREN E. WERTZ, by his/her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is KAREN E. WERTZ, an adult individual who currently resides at 708 Carol Street in New Cumberland, Cumberland County, Pennsylvania. 2. The Defendant is DAVID ALLEN WERTZ, an adult individual who currently resides at 126 North Locust Point Road in Mechanicsburg, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 10 June 1989 in New Cumberland, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. II COUNT II - EQUITABLE DISTRIBUTION 9. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as martial property. COUNT III - ALIMONY 10. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 11 . Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 12. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Plaintiff and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE. Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. COUNT IV - ALIMONY PENDENTE LITE 13. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 14. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action. COUNT V - COUNSEL FEES AND EXPENSES 1 5. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 16. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 1,1 1 7. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expense of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in this litigation of this action. ~ l. And Attorney for Plaintiff Supreme Court 10 # 1 7225 525 North 1 2'h Street Lemoyne, Pa 1 7043 (717) 761-5361 II I I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 7/11/0t.{ 1< ~ E. u.J~ KAREN E. WERTZ J-- ~~ ~, " ~ i", ........ ~, 'il(\, ~. ~ \1', ""\ 'v-- ~ ~ '^ \:'j - \:l, "- 'l-J '\ ~ ~ ,,~ . ' ~. ~~~ ~' ~. t f', * ~. ~ ~ K \0 ..... ~ IJ'\ '_ W -..s-", ~ .'-.} ~ ~ ~ C -n ~? "- II Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN E. WERTZ, vs. CIVIL ACTION - LAW DAVID ALLEN WERTZ, Defendant NO. CLj- 35'/4-> b01 IN DIVORCE MOTION FOR HEARING ON ALIMONY PENDENTE LITE AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and moves the Court for a conference at the Domestic Relations Office and an order awarding her alimony pendente lite, based upon her claim for alimony pendente lite raised in the divorce complaint filed in this matter contemporaneously with this motion. Attached hereto and marked as Exhibit A is a copy of the divorce complaint raising that claim. - Dated: 2\ 0",", 2-O\)i.} Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN E. WERTZ, vs. CIVIL ACTION - LAW NO. DAVID ALLEN WERTZ, Defendant 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 foregoing 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 in 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 at: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 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, PA 17013 Telephone: (717) 249-3166 Plaintiff ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN E. WERTZ, vs. CIVIL ACTION - LAW NO. DAVID ALLEN WERTZ, Defendant IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office" 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN E. WERTZ, vs. CIVIL ACTION - LAW NO. DAVID ALLEN WERTZ, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, KAREN E. WERTZ, by his/her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1 . The Plaintiff is KAREN E. WERTZ, an adult individual who currently resides at 708 Carol Street in New Cumberland, Cumberland County, Pennsylvania. 2. The Defendant is DAVID ALLEN WERTZ, an adult individual who currently resides at 126 North Locust Point Road in Mechanicsburg, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 10 June 1989 in New Cumberland, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE. Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. I I I I I COUNT II - EQUITABLE DISTRIBUTION 9. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE. Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as martial property. COUNT III - ALIMONY 10. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 11. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 12. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Plaintiff and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. COUNT IV - ALIMONY PENDENTE LITE 13. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 14. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE. Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action. COUNT V - COUNSEL FEES AND EXPENSES 15. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 16. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 17. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expense of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in this litigation of this action. L. And Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 ;' , I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 7/11/0t.{ t<~E.uJ~ KAREN E. WERTZ d-- ';:<.. ~ '~ ( f\l \> ~ ~., ....' .--, ,) ;-;-1 . ( . ~-1 -r "1;-' - j :_.J II KAREN E. WERTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. DAVID ALLEN WERTZ, Defendant IN CUSTODY COMPLAINT IN CUSTODY AND NOW comes the Plaintiff, KAREN E. WERTZ, by her attorney, Samuel L. Andes, and makes the following Complaint for Custody: 1 . The Plaintiff is KAREN E. WERTZ, an adult individual who currently resides at 708 Carol Street in New Cumberland, Cumberland County, Pennsylvania. 2. The Defendant is DAVID ALLEN WERTZ, an adult individual who currently resides at 126 North Locust Point Road in Mechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are husband and wife. 4. The Plaintiff and Defendant are the parents of two minor children, Heather Renee Wertz, born 20 December 1990, and Taylor Marie Wertz, born 9 August 1995. 5. Plaintiff seeks an award of shared legal custody of the minor children and an award of primary physical custody of both girls to her. 6. The children were not born out of wedlock and at the time of this Complaint, the children reside with both parents at the marital residence and in the joint legal and physical custody of both parents. 7. During the past five years, the minor children have resided with the following persons at the following addresses: 1998 - Early July 2004 126 North Locust Point Road Mechanicsbur9, PA Plaintiff & Defendant Early July 2004 to present a. Heather has primarily resided with the Defendant at126 North Locust Point Road in Mechanicsburg. b. Taylor has primarily resided with the Plaintiff at 708 Carol Street in New Cumberland 8. The mother of the children is the Plaintiff who resides at the address set out above. She is married to the Defendant. 9. The father of the children is the Defendant who resides at the address set out above. He is married to the Plaintiff. 10. The Plaintiff is the natural mother of the children. 11. The Defendant is the natural father of the children. 12. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the children in this or any other court. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this or any other jurisdiction. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights to the said children. 1 3. The best interests and permanent welfare of the children will be served by granting the relief requested by Plaintiff for the following reasons: A. Plaintiff has always been the primary care provider for both girls; and B. Plaintiff, because of her temperament and her work schedule, is more available to the girls to meet their emotional and other needs; and C. Plaintiff is far better able to provide a wholesome and stable environment for the girls in which they can grow into healthy young women; and D. An award of primary physical custody to her will serve the best interest of both of the girls. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, KAREN E. WERTZ, requests this Court to grant her custody of the children, ~ el L. Ande Attorney for Plaintiff Supreme Court 10 # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 7/1<1 loti L~M1 - -' ..~ ,.--., ~ ,- .- ~ ~ ;'-.. :1 ~, ~ C' ., :1 ,~ _. \?\ " b w "I' n -{ ~' '- -- .. ,~ ~ c:: (.AJ ~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN E. WERTZ, vs. CIVIL ACTION - LAW NO. DAVID ALLEN WERTZ, Defendant IN DIVORCE PETITION FOR EMERGENCY RELIEF AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and petitions the court for emergency relief, based upon the following: 1. The Petitioner herein is the Plaintiff, Karen E, Wertz. The Respondent herein is the Defendant, David Allen Wertz. 2. During the marriage the parties acquired various marital assets which include: A. The increase in value and the parties' personal financial investment in the residence at 126 North Locust Point Road which was transferred by Defendant's mother to Defendant during the marriage; and B. An investment account in Defendant's name which contains the proceeds of a 401 (k) Plan in his name from his former employment with Appleton Paper Company, which account had a balance in mid June of approximately $100,000.00; and C. 401 (k) Plan and other retirement accounts in Plaintiff's name with a value of approximately $25,000.00. 3. In early July of 2004, Defendant asked Plaintiff to move from the marital house and, when she declined to do so, threatened to do injury to her pets. As a result of those threats, fearing for the safety for her pets, herself and her children, Plaintiff moved from the family home and took up a temporary residence with her mother in New Cumberland, 4. After Plaintiff moved from the marital residence, Defendant requested that she return and, when she declined to do so, Defendant engaged in a course of conduct which was intended to intimidate, terrorize and control Plaintiff. His actions included: A. An attempt to lure and persuade both girls into living with him in the hopes that Plaintiff would return to the family residence to be with the children; and " B. Threats to destroy or discard her personal effects at the marital residence; and C. Stalking her at her mother's home and her place of employment; and D. Threatening to commit suicide himself if she did not return to the marital residence. As a result of this conduct, Plaintiff believes that DefE!ndant is obsessed with controlling her and forcing her, against her will, to return to the marital residence and to his control. 5. During conversations she had with Defendant shortly after the parties' separation, Defendant told Plaintiff that he was going to take various action to put marital assets beyond her control and reach. The actions he threatened to take included: A. Transferring the marital residence into his mother's name; and B. Liquidating the account into which his Appleton Paper Company 401 (k) Plan proceeds were held and placing th,em in the control of other parties; and C. Otherwise disposing of various marital assets, or concealing them. As a result of these threats and statements made by Defendant, Plaintiff believes that Defendant will transfer assets, conceal assets, or take other actions to place assets beyond her reach or control. 6. If Husband transfers or conceals the assets in accordance with his threats, there will be insufficient other marital assets for this court to effect a fair or equitable division of the marital assets and Plaintiff's rights to Equitable Distribution of the marital assets will be lost or prejudiced. WHEREFORE, Plaintiff prays this court to enter an order prohibiting Defendant from transferring the marital residence, the investment account holding the 401 (k) Plan proceeds, or transferring or concealing any other financial account or asset in his name or under his control without further order of court. ~~.~ Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 Ii II II I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 711t..{ 10'1 I I KAR5~p Wi -," r-:> to::> ~~ (- c:: 1-"- r-' ~ ~~ file; -1!!.!..l -:j\.,.... ~'~~ ~~~ -;~- -i1 ~~) ("j ;:::::,1",1 ~-~ ~~~ ':-? ~J'I C) 'f II JU~ lOO4 KAREN E. WERTZ, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION - LAW DA VID ALLEN WERTZ, Defendant NO. t/~ - 3-5:/4- ~ IN DIVORCE ORDER OF COURT: AND NOW this ;(\~ day of ~ ,2004, upon c&Q~~t~n &.the ~e~~eti~..!i" E~~1!~~I~'4a-h?1b~~~OIlOWS; ~ . The Defendant David Alleiirwerta(~not transfer, conceal, encumber, or otherwise dispose of his interest in the residence at 126 North Locust Point Road in Mechanicsburg, Cumberland County, Pennsylvania, without further order of this court. B. The Defendant David Allen Wertz shall not transfer, covert, encumber, or otherwise dispose of any account or asset held with any financial institution, including, but not limited to, the account holding the proceeds of his 401 (k) Plan with Appleton Paper Company. C. A hearing is hereby scheduled on Plaintiff's Petition, to be held before the undersigned, in Court Room No. ~ of the Cumberland coun~se in Carlisle, Pennsylvania, commencing at 1, .45 o'clock -EL.m. on the )O(}... day of ~ ~ 2004....---. iJ B7(~~URT ~ ( " t 1/{-1 / J. Distribution: Samuel L. Andes, Esquire (Attorney for Plaintiff) (r i f~) P.O. Box 168, Lemoyne, Pa 17043 _ ~ 7_.}1-/)'I' David Allen Wertz (Defendant) P Mf/o 0 C)h~' 126 North Locust Point Road, Mechanicsburg, A 17 5 r- . f't. .... .... 1 .r; fir! ") "~r, ' / <:. Illt1[J.,o " '"' -- UC ....It..q,..'! "!C-', 4V.~\ <:i/f"". :'J~..,-'I'..f...j/::./d :';LIJ.' . "j/I";l"--o.'::!' ~ ~,., "0 .... I 11:1. _. ~G Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN E. WERTZ, vs. CIVIL ACTION - LAW fVl(!..~75 09';;';0&6z0/ , NO. ~tf- 3-576 ~ IN DIVORCE DAVID ALLEN WERTZ, Defendant MOTION FOR HEARING ON ALIMONY PENDENTE LITE AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and moves the Court for a conference at the Domestic Relations Office and an order awarding her alimony pendente lite, based upon her claim for alimony pendente lite raised in the divorce complaint filed in this matter contemporaneously with this motion. Attached hereto and marked as Exhibit A is a copy of the divorce complaint raising that claim. Dated: 2\ \1~J1 2.{~.q_ ~ r'~'" t..c"J ~:: ('''.' <'-' _~I ;:j ~ ::.) ~ 0 a.,3/,!.> KAREN E. WERTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. DAVID ALLEN WERTZ, Defendant IN DIVORCE NOTICE TO DEFEND AND CLA.lM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing 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 in 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 at: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 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, PA 17013 Telephone: (717) 249-3166 Ij KAREN E. WERTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. DAVID ALLEN WERTZ, Defendant IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. KAREN E. WERTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. DAVID ALLEN WERTZ, Defendant IN DIVORCE COMPLAINT IN DIVOFlCE AND NOW comes the above-named Plaintiff, KAREN E. WERTZ, by his/her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1 . The Plaintiff is KAREN E. WERTZ, an adult individual who currently resides at 708 Carol Street in New Cumberland, Cumberland County, Pennsylvania. 2. The Defendant is DAVID ALLEN WERTZ, an adult individual who currently resides at 126 North Locust Point Road in Mechanicsburg, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 10 June 1989 in New Cumberland, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court mquire the parties to participate in counseling. COUNT I - IRRETRIEVABLE BIREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE. Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. ! j, i COUNT II - EQUITABLE DISTRIBUTION 9. During the course of the marriage, the parti'3s have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as martial property. COUNT III - ALlMO~1Y 10. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 11. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 12. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Plaintiff and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. COUNT IV - ALIMONY PENDENTE LITE 13. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 14. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action. COUNT V - COUNSEL FEES ANlD EXPENSES 15. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 16. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her ri<ghts in this matter. I i I' 17. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expense of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in this litigation of this action. ~~ Attorney for Plaintiff Supreme Court 10 # 17225 525 Nortlh 12th Street Lemoyne, Pa 17043 (717) 7131-5361 ,IJ I I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 7/1'floLf . t<a~E.~ KAREN E. WERTZ KAREN E. WERTZ, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND> COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE DAVID A. WERTZ, Defendant/Respondent NO. 2004-3516 CIVIL TERM IN DIVORCE Pacses# 092106',0 I ORDER OF COURT AND NOW, this 27th day of July, 2004, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.I. Shaddav on Seotember 1.2004 at 9:00 A.M. for a conference. at 13 N. Hanover St., Carlisle. PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11@ (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT. George E. Hoffer, President Judge Date of Order: Julv 27, 2004 .~. ,l~tf1!::'re'-l YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. < Petitioner Respondent Samuel Andes, Esquire Mail copies on 7-27-04 to: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC36! :":'.C:'. d"t'"rnecf \I1N\I^1\SNN3d AJNnm C~'V1,~J8VIj(10 68 :8 Wd L2 lfJr qUilZ AW1QNOHlOtld 3Hl :10 301:1:10-0318 KAREN E. WERTZ PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-3516 CIVIL ACTION LAW DAVID ALLEN WERTZ DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 28, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before M"lissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, August 31, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an eftort will be made to resolve the issues in dispute; or ifthis cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COLlRT, By: Isl Melissa P. Greevy. Esq. Custody Conciliator mhc The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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 arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 Telephone (717) 249-3166 ~ f;zv ~ ~ 4;7 Ar;1.3l". c h IT ~ ~ Ar2g"('-L ~ b ~ /'t:l'~>W 4 ~ AV'. yCO-L "r 'V c.-- _ VlN'v'A1ASNN3d }JNnco Qt'lVli:J38V'-1no ZE; :E; Wd BZ lnr ~ooz AW1ONOHlOOd 3Hl :10 301.:l.:!0-G311:1 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN E. WERTZ, vs. CIVIL ACTION - LAW NO. () ~ -3.:5/& DAVID ALLEN WERTZ, Defendant IN DIVORCE ORDER OF COURT AND NOW this ~ day of August 2004, at the request and consent of counsel for both parties, we hereby reschedule the hearing which had been scheduled for August 10, 2004. The hearing will now be held before the undersigned, in Court Room 2 of the Cumberland County Courthouse at 1 :30 p.m. on September 29, 2004. The terms of our prior order remain in effect until the date of that hearing. BY THYOURT" A ~I:: L J. Distribution: /Samuel L. Andes, Esquire (Attorney for Plaintiff) P.O. Box 168, Lemoyne, Pa 17043 -Carol J. Lindsey, Esquire (Attorney for Dl~fendant) 26 West High Street, Carlisle, PA 17013 ~ ~. Og-/t,-O<! u_ o ..or C-;::J C;::;) '" .,:~ 0') 0; 1,,0 .. Ib, COO" or c_ ...... of cur.mEl<L_ Cooorty, """"""'b DOMEsTIc RELATIONS SECTION KAREN E. WERTZ ) Docket Number 04-3516 CIVIL Plaintiff ) Ys. ) PACSES Case Number 092106601 DAVID A. WERTZ ) Defendant ) Other State In Number AND NOW, to wit on this 1ST DAY OF SEPTEMBER, 2004 ORDER ALIMONY PENDENTE LITE ORDERED "'" "" 0 Co"",!>"" r", '""po" '" 0 _"" " Modify '" IV Oth" IT IS HEREBY matter is dismissed without prejudice due to: THE PARTIES' INCOillES AND THE PENNSYLVANIA SUPPORT GUIDELINES. filed on 07/21/04 in the above captioned o "" eo"",!>"" '" ""''''" m.y '" mim."" _ wri"", .W''''''"" of Ib, P"'''''ff petitioner. DRO: RJ Shadday xc: Plaintiff defendant Samuel Andes, Esquire Carol Lindsay, Esquire Service TyPe M ~:",,!' 1"""'P'. '~, ,"-",' ".': ---:z..:..d?ov-':'" 'Ii ~-- BY THE CO~~""_--~) _.~~~. E:clwiird E. Guido , JUDGE Fonn OE-506 Worker ID 21005 (') c ~ s;, ~) rr' ~~x (n 'J:. ~ ;-}~F~ ~ .~~ rc: Z =<! scanned r--> = = ,L- en i"T1 -0 I N o .1 -.... ..,.. rilp .Cil-n :uC".J U1 =.:.I~f~ ~-~~Q cSrn =-~ ". r. :< ~ -"" v, .z;.- W - KAREN E. WERTZ, PLAINTIFF V. DAVID WERTZ, DEFENDANT AND NOW, this : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ()'1 - '!f/Cp : CIVIL TERM ORDER OF COURT ~,1 day of September, 2004, upon agreement of counsel, the hearing scheduled for September 29, 2004, IS CANCELLED. _,Samuel L. Andes, Esquire For Plaintiff vCarol Lindsay, Esquire For Defendant :sal \l RLEo-Ofr'\CE. or 1\'1E PR0T\10N01f>.P'( 1\l\l~SEP 2.1 p~ 2.: 03 CU"RP-" ,',{' f'O"NTV rt:;....:Jli..f'\i'\\..J v vi :l' ?ENNS'iL\lANIA /1 KAREN E. WERTZ, Plaintiff ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DA VID ALLEN WERTZ, Defendant NO. 04-3516 IN CUSTODY ORDER OF COURT AND NOW this 1I-A- day of OcJ..crts2 ~ ,2004, upon the agreement of the parties as evidenced by their attorneys' written stipulation, We hereby order and decree as follows: 1. The Plaintiff Karen E. Wertz ("Mother") and the Defendant David Allen Wertz ("Father") shall share legal Custody, as defined by the law of Pennsylvania, of their two minor children, Heather Renee Wertz, born December 20, 1990 and Taylor Marie Wertz, born August 9, 1995. 2. Mother shall have primary physical Custody of the two children. 3. Father shall have such periods of temporary Custody or visitation as Father and Mother may agree from time to time. J. Distribution: ..--samuel L. Andes, Esquire (Attorney for P/aintiff:1 P.O. Box 168, Lemoyne, Pa 17043 vCaro/ J. Lindsay, Esquire (Attorney for Defendant) 26 West High Street, Carlisle, Pa 17013 ~~ ~o4 10-0 , , VIi\VAlASNN3d AlNno:J G'f/1HJa'Jn:) L S :01 ~l~ 1- DO fJOOZ ,\tiVJ.ONOHIOi:Jd 3Hl :10 38lJ:lQ-{Bllj /I KAREN E. WERTZ, Plaintiff ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. DA VID ALLEN WERTZ, Defendant CIVIL ACTION - LAW NO. 04-3516 IN CUSTODY ST/PULA T/ON AND NOW lh;, 22J d.y of -s"'-L-, 1. . , 2004, lh, .bo," parties hereby stipulate and agree that the C~ter the attached Order to resolve >h, m.tt,,, '""'ntiy ,'nding ;n >h;, "" ,"d to dm"m;n, lh, '"",ody of lh,k 'hUdmn. ~ s::. ". _.~. ""'''UtlS Attorney for Pla'firiff 1/ (' h (C'l.L "',_ (. Karen E. Wertz m4 ;. 1/ ,; r. ))oJ&~~J~) '\! David Allen Wertz Plaintiff OCT 1 2 2004; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3516 CIVIL TERM CIVIL ACTION - LAW KAREN E. WERTZ, v. DAVID ALLEN WERTZ, IN CUSTODY Defendant ORDER TO RELINQUISH JURISDICTION AND NOW, this 7th day of October, 2004, the parties haviing reached an agreement which has been memorialized in a Stipulation and filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. FOR THE COU~ ~ B~l~ Melissa Peel Greevy, Esquire Custody Conciliator :237020 '"',> c::;_) C:'::.::;J "'~... C') C') .,...! c...) -'~'! C,,) II :j II KAREN E. WERTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. P'I_ j5'l(, DAVID ALLEN WERTZ, Defendant IN DIVORCE ORDER OF COURT AND NOW this day of , 2004, upon consideration of Plaintiff's Petition, a hearing is hereby scheduled, to be held before the undersigned in Court Room No. of the Cumberland County Courthouse in Carlisle, Pennsylvania, commencing at o'clock .m. on the _ day of 2004. Pending further order of court, Defendant shall not remove, conceal, damage, destroy, or otherwise dispose of any of the tangible personal property at the former marital residence at 126 North Locust Point Road in Mechanicsburg, Pennsylvania. BY THE COURT, J. Distribution: Samuel L. Andes, Esquire (Attorney for Plaintiff) P.O. Box 168, Lemoyne, Pa 17043 Carol J. Lindsay, Esquire (Attorney for Defendant) 26 West High Street, Carlisle, PA 17013 II KAREN E. WERTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA vs. CIVIL ACTION - LAW NO. tJlf-~~51t, DAVID ALLEN WERTZ, Defendant IN DIVORCE PETITION FOR INTERIM RELIEF AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and petitions the court for interim relief, based upon the following: 1. The Petitioner herein is the Plaintiff, Karen E. Wertz. The Respondent herein is the Defendant, David Allen Wertz. 2. The parties separated in August of 2004 at which time Plaintiff and the parties' two minor children left the marital residence and took up a temporary residence with the Plaintiff's mother in New Cumberland. 3. At the time she and the children moved from the marital residence, they left almost all of their tangible personal property and personal effects in the house and took only with them clothing and a few other small items. 4. Since the parties' separation, Defendant has taken several steps to divest himself with marital assets or to otherwise place them beyond the control of Plaintiff or this court. Those steps have included: A. He transferred the residence from his name alone to the name of his mother; and B, He liquidated his retirement account and disposed of the cash proceeds of that liquidation. 5. Defendant has refused to allow Plaintiff access to the residence which still contains the furnishings and other tangible personal property of both Plaintiff and Defendant and of their children. He has changed the locks and advised her that, because she is not an owner of the property, she is not permitted to come to it. 6. Defendant has recently advised Plaintiff that he is going to dispose of many of the items that remain in the house, including most of Plaintiff's personal effects and many of the personal effects and belongings of the children. Defendant has threatened to place some of those items outdoors and expose them to the elements where they will be II damaged or destroyed. Defendant has not specified how he will dispose of the other items. 7. The parties' children live with Plaintiff and Plaintiff is now in the process of obtaining long term housing for herself and the children. She needs the children's possessions including, but not limited to, their furniture, clothing, and other items of personal property, to provide a suitable home for the children. 8. Plaintiff also needs her reasonable share of the household furnishings owned by the parties to make a comfortable home for herself and the children. Attached hereto, and marked as Schedule A is a list of the items she wants from the house for that purpose. 9. Plaintiff does not request this court make the final division of the marital assets of the parties in this petition. Instead, she asks that the court award her possession of the property that belongs to the children and of those items listed on Schedule A so that she has them to make a suitable and comfortable home for herself and the children until this action can be concluded. 10. Without the items Plaintiff requests, she cannot make a suitable home for herself and the children and the parties' children will be innocent victims of the Defendant's misconduct. 11. Defendant, by his conduct, has deprived Plaintiff and the parties' children of their property and access to a reasonable portion of the marital property. His conduct now threatens to destroy, remove, conceal, or otherwise dissipate those items. To prevent loss of the property which belongs to Plaintiff and her children, Plaintiff requires the intervention of this court. WHEREFORE, Plaintiff prays this court to prohibit Defendant from disposing, concealing, dissipating, damaging, or destroying any of the items of personal property now in the marital residence without Plaintiff's consent and, after hearing, to award possession to Plaintiff of the items of personal property which belong to the children and of those items listed on Schedule A which is attached hereto. s~~~Jv Attorney for Plaintiff Supreme Court 10 # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 II CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Defendant by regular mail, postage prepaid, addressed as follows: Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 Date: 9 November 2004 0J:~jth-~ seXl~ary for Samuel L. Andes II i Ii I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 1 8 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 10 11.3 lot XCUffl'- ( W 4 KAREN E. WERTZ J Schedule A MAPLE DINING ROOM SUITE GIVEN TO KAREN BY PARENTS table with 2 extension leaves four straight chairs two captain chairs one 2-piece hutch all tablecloths (given by mother) LIVING ROOM SUITE & LAMPS - DOWNSTAIRS FAMILY ROOM green couch green recliner blue recliner (given by Karen's parents) two green lamps WHITE WICKER PORCH FURNITURE - DOWNSTAIRS INSIDE OF PORCH BESIDE HOT TUB couch with cushions rocker with cushions coffee table silver TV with remote (downstairs inside of porch beside hot tub) TV stand (downstairs inside of porch beside hot tub ) (wooden I swivel) POOL ITEMS Heather & Taylor's goggles LAWN TABLE & CHAIRS WITH UMBRELLA glass table four chairs with tan flowered cushions tan umbrella KITCHEN two pots two pans eight dinner plates dishes (white with black stripes) eight dessert plates eight cereal bowls eight water glasses eight highball glasses one set of mixing bowls (3) clear with white design Heather & Taylor's special glasses mixer utility spoons, forks & knives Page 1 of 4 KITCHEN cont. peering knife given by maternal mother metal measuring spoons spatula set of salt & pepper shakers storage bowls with lids toaster electric can opener five t-towels five dish cloths spices all candles blender glass cake pan crock pot cookie sheets plastic spoons and rubber spatula MISCELLANEOUS ITEMS Christmas decorations in attic (yard ornaments, 3 piece reindeer, lights) all handmade Christmas decorations made by Heather & Taylor Halloween decorations in attic Easter decorations in attic snow blower (present to Karen from prior employer) snow shovel in shed leaf blower & mulcher (gift from father Ward) garden hose red tool chest on wheels and contents (deceased fathers) ironing board in laundry room clothes basket in laundry room all personal items from deceased father and brother garment bags ten bath towels ten hand towels ten wash cloths treadmill (gift from David) yellow vaporizer (given my maternal grandmother) VICK vaporizer heating pad DVD player& movies (gift from Dave) All photos of Heather & Taylor two bed blankets two beach chairs Page 2 of 4 MISCELLANEOUS ITEMS cont. one broom one trash can (outside by side of house) all remaining personal items one sweeper one toaster oven all original & copies of photos of myself taken by David Wertz all original & copies of discs of myself taken by David Wertz indoor grill weed wacker video tapes suitcases washer box of yearbooks & photos HEATHER'S BEDROOM FURNITURE & ALL PERSONAL ITEMS headboard frame mattress & box spring dresser with mirror night stand desk with chair dictionary given by maternal grandmother (All the above were given by maternal grandparents) sheets, blankets and bedspreads that belong to Heather's bed bed pillow decorative pillows rugs pictures on wall and on dresser lamps jewelry hamper curtains at window & curtain road (silver decorative) contents of desk all remaining cloths & shoes (in bedroom & closet) clothes packed away in attic beach towels sport bag bikes winter clothes toys & games Page 3 of 4 Computer with printer (given to Heather and Taylor by Father) Computer desk with chair (given to Heather and Taylor by Father) Heather & Taylor's computer games Heather & Taylor's tapes Heather & Taylor's movies boom box Karoke machine TAYLOR'S BEDROOM FURNITURE AND ALL PERSONAL ITEMS headboard frame mattress & Box spring dresser with mirror night stand curio cabinet with all contents (all the above were given by Maternal Grandparents) sheets, blankets and bedspreads that belong to Taylor's bed bed pillow decorative pillows pictures of penguins penguin in dining room hutch (given by maternal grandmother) floor lamp in Taylor's bedroom jewelry clothes that are packet away in attic all remaining clothes, shoes & boots (in bedroom & closet) all toys in bedroom all toys in basement computer room closet beads at bedroom door books on shelf beach towels bikes winter clothes all penguins Taylor's gingerbread house flower she made on hutch penguin music box Page 4 of 4 n r--.~ <:::::::> c} C r- , -n - I> -.... '.-1 ...,.. c' r'd ..,., ......;;:: j';';' -. ,'1'1 " }; ~:~) (~ N t> r::' :~: -0 :yj , C) (,.t ;'q (: f') "C'..:.... -'1 c...) .J) -.... (..(I .....~ (7 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA KAREN E. WERTZ, vs. CIVIL ACTION - LAW NO. ()'1-J~/(, DAVID ALLEN WERTZ, Defendant IIN DIVORCE ORDER OF COURT th \...{\ AND NOW this I ~ day of -,' \ lfWAJ ~_ , 2004, upon , consideration of Plaintiff's Petition, a hearing is hereby scheduled, to be held before the undersigned in Court Room No. ~ of the Cumberland County C?urthouse in Carlisle, Pennsylvania, commencing at C\_~) o'clock ~.m. on ~.j~ the 1 o{).,.- day of ~ 2004. Pending further order of court, fendant shall not remove, conceal, damage, destroy, or otherwise dispose of any of the tangible personal property at the former marital residence at 1261 North Locust Point Road in Mechanicsburg, Pennsylvania. J. Distribution: v&muel L. Andes, Esquire (Attorney for Plaintiff) P.O. Box 168, Lemoyne, Pa 17043 \ J vCarol J . Lindsay, Esquire (Attorney for De'fendant) 26 West High Street, Carlisle, PA 17013 \;1{ <\;:/.\ t/ ~~;\\:;. \..Lr.':.r--.., .............i 6 fJ :Z :1,' 1 8 I /\ <:.:~:!-l IiGDZ .;t.~\ i.....,l :::1-11 :::~';.1 ~:::~)-CFr~":f '" ::;'_1 II Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN E. WERTZ, vs. CIVIL ACTION - LAW NO. CJCf-J5/t, DAVID ALLEN WERTZ, Defendant IN DIVORCE PETITION FOR INTERIM RE:L1EF AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and petitions the court for interim relief, based upon the following: 1. The Petitioner herein is the Plaintiff, Karen E. V't/ertz. The Respondent herein is the Defendant, David Allen Wertz. 2. The parties separated in August of 2004 at which time Plaintiff and the parties' two minor children left the marital residence and took up a temporary residence with the Plaintiff's mother in New Cumberland. 3. At the time she and the children moved from the marital residence, they left almost all of their tangible personal property and personal effects in the house and took only with them clothing and a few other small items. 4. Since the parties' separation, Defendant has taken several steps to divest himself with marital assets or to otherwise place them beyond the control of Plaintiff or this court. Those steps have included: A, He transferred the residence from his name alone to the name of his mother; and B. He liquidated his retirement account and disposed of the cash proceeds of that liquidation. 5. Defendant has refused to allow Plaintiff access to the residence which still contains the furnishings and other tangible personal property of both Plaintiff and Defendant and of their children. He has changed the locks and advised her that, because she is not an owner of the property, she is not permitted to come to it. 6. Defendant has recently advised Plaintiff that he is going to dispose of many of the items that remain in the house, including most of Plaintiff's personal effects and many of the personal effects and belongings of the children. Defendant has threatened to place some of those items outdoors and expose them to the elements where they will be " i: damaged or destroyed. Defendant has not specified how he will dispose of the other items. 7. The parties' children live with Plaintiff and Plaintiff is now in the process of obtaining long term housing for herself and the children. She needs the children's possessions including, but not limited to, their furniture, clothing, and other items of personal property, to provide a suitable home for the children. 8. Plaintiff also needs her reasonable share of the household furnishings owned by the parties to make a comfortable home for herself and the children. Attached hereto, and marked as Schedule A is a list of the items she wants from the house for that purpose. 9. Plaintiff does not request this court make the final division of the marital assets of the parties in this petition. Instead, she asks that the court award her possession of the property that belongs to the children and of those itlems listed on Schedule A so that she has them to make a suitable and comfortable home for herself and the children until this action can be concluded. 10. Without the items Plaintiff requests, she cannot make a suitable home for herself and the children and the parties' children will be innocent victims of the Defendant's misconduct. 11. Defendant, by his conduct, has deprived Plaintiff and the parties' children of their property and access to a reasonable portion of the marital property. His conduct now threatens to destroy, remove, conceal, or otherwise dissipate those items. To prevent loss of the property which belongs to Plaintiff and her children, Plaintiff requires the intervention of this court. WHEREFORE, Plaintiff prays this court to prohibit Defendant from disposing, concealing, dissipating, damaging, or destroying any of the items of personal property now in the marital residence without Plaintiff's consent and, after hearing, to award possession to Plaintiff of the items of personal property which belong to the children and of those items listed on Schedule A which is attached hereto. j()Q~~ Sam L. Andes~ Attorney for Plaintiff Supreme Court lID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Defendant by regular mail, postage prepaid, addressled as follows: Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 Date: 9 November 2004 n.~_.~.~ ~ins Sedr tary for Samuel L. Andes I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 1 8 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 10 11.3/0'{ Schedule A MAPLE DINING ROOM SUITE GIVEN TO KAREN BY PARENTS table with 2 extension leaves four straight chairs two captain chairs one 2-piece hutch all tablecloths (given by mother) LIVING ROOM SUITE & LAMPS - DOWNSTAIRS FAMIIL Y ROOM green couch green recliner blue recliner (given by Karen's parents) two green lamps WHITE WICKER PORCH FURNITURE - DOWNSTAIRS n~SIDE OF PORCH BESIDE HOT TUB couch with cushions rocker with cushions coffee table silver TV with remote (downstairs inside of porch beside hot tub) TV stand (downstairs inside of porch beside hot tub) (wooden / swivel) POOL ITEMS Heather & Taylor's goggles LAWN TABLE & CHAIRS WITH UMBRELLA glass table four chairs with tan flowered cushions tan umbrella KITCHEN two pots two pans eight dinner plates dishes (white with black stripes) eight dessert plates eight cereal bowls eight water glasses eight highball glasses one set of mixing bowls (3) clear with white design Heather & Taylor's special glasses mixer utility spoons, forks & knives Page 1 of 4 KITCHEN cont. peering knife given by maternal mother metal measuring spoons spatula set of salt & pepper shakers storage bowls with lids toaster electric can opener five t-towels five dish cloths spices all candles blender glass cake pan crock pot cookie sheets plastic spoons and rubber spatula MISCELLANEOUS ITEMS Christmas decorations in attic (yard ornaments, :3 piece reindeer, lights) all handmade Christmas decorations made by Heather & Taylor Halloween decorations in attic Easter decorations in attic snow blower (present to Karen from prior em plover) snow shovel in shed leaf blower & mulcher (gift from father Ward) garden hose red tool chest on wheels and contents (deceased fathers) ironing board in laundry room clothes basket in laundry room all personal items from deceased father and brother garment bags ten bath towels ten hand towels ten wash cloths treadmill (gift from David) yellow vaporizer (given my maternal grandmother) VICK vaporizer heating pad DVD player& movies (gift from Dave) All photos of Heather & Taylor two bed blankets two beach chairs Page 2 of 4 MISCELLANEOUS ITEMS cont. one broom one trash can (outside by side of house) all remaining personal items one sweeper one toaster oven all original & copies of photos of myself taken by David Wertz all original & copies of discs of myself taken by David Wertz indoor grill weed wacker video tapes suitcases washer box of yearbooks & photos HEATHER'S BEDROOM FURNITURE & ALL PERSONAL ITEMS headboard frame mattress & box spring dresser with mirror night stand desk with chair dictionary given by maternal grandmother (All the above were given by maternal grandparents) sheets, blankets and bedspreads that belong to Heather's bed bed pillow decorative pillows rugs pictures on wall and on dresser lamps jewelry hamper curtains at window & curtain road (silver decorative) contents of desk all remaining cloths & shoes (in bedroom & closet) clothes packed away in attic beach towels sport bag bikes winter clothes toys & games Page 3 of 4 Computer with printer (given to Heather and Taylor by Father) Computer desk with chair (given to Heather and Taylor by Father) Heather & Taylor's computer games Heather & Taylor's tapes Heather & Taylor's movies boom box Karoke machine TAYLOR'S BEDROOM FURNITURE AND ALL PERSONAL ITEMS headboard frame mattress & Box spring dresser with mirror night stand curio cabinet with all contents (all the above were given by Maternal Grandparents) sheets, blankets and bedspreads that belong to Taylor's bed bed pillow decorative pillows pictures of penguins penguin in dining room hutch (given by maternal grandmother) floor lamp in Taylor's bedroom jewelry clothes that are packet away in attic all remaining clothes, shoes & boots (in bedroom & closet) all toys in bedroom all toys in basement computer room closet beads at bedroom door books on shelf beach towels bikes winter clothes all penguins Taylor's gingerbread house flower she made on hutch penguin music box Page 4 of 4 n 1'.' ("J c.:::" c:,~ ... , -"'1 - I - --I .....,... c::> r1i ~il ~.:: i"-' ""',," ... (11 , .,...... 1'-0 ,-') " -...; .....,."" ':'5 :.l> ( ::11 l r\) ,c_ ~-" ,.1 (~) "U -< 01 ~~~ s-:?I ')'-"::.) KAREN E. WERTZ, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID ALLEN WERTZ, DEFENDANT 04-3516 CIVIIL TERM ORDER OF COURT AND NOW, this ~ day of December, 2004, upon agreement of counsel, the hearing on the plaintiff's petition for emergEmcy relief currently scheduled for December 10, 2004, IS CONTINUED GENERALLY to be rescheduled at the request of either party. By the Court, . /"7 - '/ ~ Edgar B. fiamuel L. Andes, Esquire For Plaintiff ~arol J. Lindsay, Esquire For Defendant > :sal I: /\-:... t: i- 1::41., Q"-. -, ;:; 'I - 11J 8"- ~j"?~j f1CjZ gJ\'iO, '::;,,-~C;~} j :11-<1 j.');:!:lCJ -(I?l:!~ ',") -< , ~v II Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN E. WERTZ, vs. CIVIL ACTION - LAW NO. 0'1- 35:/ (.. Cu.;' C/~ "I DAVID ALLEN WERTZ, Defendant IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw the Petition for Interim Relief filed by the Plaintiff in this matter on 1 2 November 2004, 7 January 2005 ~n~ Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 o ~c;~ """'f ~ : - " n,j,', --,/ .., -::";:::'" Q~t- r--;. !'_ 1:~,.- ... ,- ,-'- " ~'.> ~~~ ~~ -( r-:> = c..'" en <- o -n ~-. -' % -1 -:c -~. ;:~., ;:~::. '-an: -"JC ~~S'~ -u :J;: N .- ;"~~ ...~~::~ c ~~, ::...::.. KAREN E. WERTZ, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA ) vs. ) CML ACTION - LAW ) ) NO. 2004-3516 CIVIL DAVID ALLEN WERTZ. ) Defendant ) IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 21 July 2004 and served on or about 22 July 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301{c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 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. Section 4904 relating to unsworn falsification to authorities. Gf/Q()!OU Dated: l(~? ~f KAREN E. WERTZ a ~ _:5: ,'{" ,: rT"J i~t'.' ~~ '~.~: (j) -",.' , ;;2t ;~b Pc ~ ,..., c;:::t. c::;:) c:T' (/.l rr1 -u N Ul ~ ~:!! -oFT; :00 Ol.. .-ll.) ;:r: :p ~c5 (3m -I ~ -< :l::"" :;r.: 9 o <:) KAREN E. WERTZ, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA ) vs. ) CML ACTION - LAW ) ) NO. 2004-3516 CML DAVID ALLEN WERTZ, ) Defendant ) IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 21 July 2004 and served on or about 22 July 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 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.. Section 4904 relating to unsworn falsification to authorities. CI/Qo/OLJ Dated: f)~5\W~ DAVID ALLEN WERTZ' g <;:. -oc;:: I"'n rn ,-:,... .- ~7!: ~c .i;~ .. ~ <= <= 0" (/) rT"l -0 N Ul ~ ~:n rnr: -o,"'~ -a..i- f:), l :t =f.; .::.) t) z,n '~ ~ :l:"" ::x <2 o C) KAREN E. WERTZ, Plaintiff vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-3516 CML DAVID ALLEN WERTZ, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, David Allen Wertz, hereby accept service of the Divorce Complaint and acknowledge receipt of a copy of the same on or about July 25, 2004. 25 July 2004 c '~ ~~~~ DAVID ALLEN WERT . t'-..) = ,~. c;; o ("-J -I (...,) I".) (.n " Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN E. WERTZ, vs. CIVIL ACTION - LAW NO. 2004-3516 DAVID ALLEN WERTZ, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 Ie). 2. Date and manner of service of the Complaint: Acceptance of Service filed bv Plaintiff's counsel indicatinQ service on or about 22 Julv 2004. 3. Complete either Paragraph (a) or Ib): la) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff: 20 September 2006 By Defendant: 20 September 2006 Ib) (1) Date of execution of the Affidavit required by Section 3301 Id) 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 Plaintiff's Waiver of Notice in Section 3301 Ie) Divorce was filed with the Prothonotary; Dated 20 September 2006, filed contemporaneouslv herewith. Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 20 September 2006. filed contemporaneouslv . herewith. Date: 20 September 2006 ~~ ~' ',I S'- 1\ I , " amuer~ An ' r-.:l = ~ ?, -, .-:-;,;,. w ~.~lS ..< f') 0\ ~~ ~~ ~ ~ ~~ ~ ~ ~~ ~~~~~~~~ ~ ~~~~~~~~~~~~~~~~~~~ ~~~~~~~~ ~ IN THE COURT OF COMMON PLEAS : OFCUMBERLANDCOUNTY STATE OF PENNA. KAREN E. WERTZ~ Plaintiff No. 2004-3516 VERSUS DAVID ALLEN WERTZ~ Defendant DECREE IN DIVORCE AND NOW, Od'D b <A- ,;2..0 ,. KAREN E. WERTZ 2006 , IT IS ORDERED AND DECREED THAT , PLAI NTI FF, DAVID ALLEN WERTZ AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ~ 'f; 'f; 'f; 'f; 'f; 'f; ~ 'f; 'f; 'f; 'f; ~ ,., ,., ,., 'f; 'f; ,., 'f; ,., 'f; 'f; ,., 'f; 'f; 'f; 'f; 'f; ,., 'f; ,., '+' '+''1; 'f;'" '+' ~ 'f; ,+,,.,!f. ,+,!f.'" 'f;!f.!f. NONE BY THE COUR4 ~ OTHONOTARY 'f; ,+,'f;'f;!f.'f; !f.!f.!f.!f.~!f.!f.~~ ~~~,.,~ ~!f. ~~ ~ ,., ~~~~~~~~T.~T.T.T.T.~T.T.T.T.T.T.~T.~T.~ !f.~ '+' ~ ~ ~ ~ J. -~7~ ~A<: ~.qe-o/ ~?~ ~ ~~ <;/? Oh:7/ .. 'J.;' .., vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND qOUNTY, PENNSYLVANIA dML ACTION - LAW KAREN E. WERTZ, Plaintiff NO. 2004-3516 CIVIL DAVID ALLEN WERTZ, Defendant IN DIVORCE NOTICE TO RESUME PRIOR ~URNAME NOTICE IS HEREBY GIVEN that KAREN E. WERT~, Plaintiff in the above matter, having been granted a Final Decree in Divorce on the 0 (11:) ~ete. 2.0 ~ 2006, hereby elects to resume the prior surname of KAREN E. MARTIN], and gives this written notice pursuant to the provisions of 54 P .S. ~ 704. Date: /6 ~ JOl; iXcuuJ W4 KAIlliN E. WERTZ ;(~? m~ KAlllliN E. MARTIN COMMONWEALTH OF PENNSYLVANIA ) ( SS.: COUNTY OF CUMBERLAND ) On the Z3r8-- day of () ~€i<- ,2006, before me, the undersigned officer, personally appeared KAREN E. WERTZ, known to me (ot satisfactorily proven) to be the person whose name is signed to the within Notice to Resume Pr~or Surname and acknowledged that she executed the foregoing for the purpose therein conta ned. IN WITNESS WHEREOF, I hereunto set my hand nd official seal. i I /J~ Notary PublIC. NOTARIAL SEAL LYNN EHRENFELD. NOTARY P\8JC LEMOYNE IORO.. w~.,co. IIY COI..IIIION __... 1 .. ~ ~ v ~ ~ ~ '\.. ,......, = 0 \V\ = ." ~ C1" ~ ~ 0 ~-n l.J rrJ "- n 1Tl- "- I "hi ~ ~ <:J1 ;~Q './ '=iC) :co. ~~ :l; C5 ,S! 0 :.0 .;;::- -< ,....... ....-., -.JAje",i:~'AA.r(;v.""'-""'---'''''1 t! '~~." Y;~~;~:~;~;~;:iJ 1 tOOS ' ~8:ft I3AAX.~ ~IMMOO YM i . '''1 A I -.--.._..__.,____..l