HomeMy WebLinkAbout05-1453
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JAMES D. WELTY,
Plaintiff
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NO. DS - N!>j C;u< L~V>j
v.
PATRICIA A. WELTY,
Defendant
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 or visitation of your children.
When the grDund fDr divDrce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list Dfmarriage counselors is available in the Office of
the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle,
Pennsylvania, 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 Lawyer Referral Service
32 South Bedford Street
Carljsle,PA 17013
Telephone: (717) 249,3166
AMERICANS WITH DISABILITIES ACT OF 1990
The CDurt of Common Pleas Df Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. FDr information about accessible facilities and
reasDnable accommodations available tD disabled individuals having business before the court,
please cDntact 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.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
JAMES D. WELTY,
Plaintiff
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)
)
)
)
)
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NO. oS - /4SJ CI~tl ~kl
v.
PATRICIA A. WELTY,
Defendant
CNIL ACTION - LAW
IN DNORCE
COMPLAINT IN DIVORCE
AND NOW, comes Plaintiff, James D. Welty, by and through his counsel, Howell,
Kissinger & Conley, P.C., who hereby files this Complaint in Divorce and in support thereof
avers as follows:
L Plaintiff is James D. Welty, an adult individual who currently resides at
1236 Lindy Terrace, Boiling Springs, Cumberland County, Pennsylvania 17007.
2. Defendant is Patricia A. Welty, an adult individual who currently resides
at 1908 North Second Street, Harrisburg, Dauphin County, Pennsylvania 17102.
3. Both Plaintiff and Defendant have been bona fide residents of the
Commonwealth of Pennsylvania for a period of at least six (6) months immediately preceding the
filing of this Complaint.
4. Plaintiff and Defendant married on December 27,1997, in Carlisle,
Pennsylvania.
5. Neither Plaintiff nor Defendant is in the military or naval service ofthe
United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of
the Congress of 1940 and its amendments.
6. There have been no prior actions for divorce or annulment of the marriage
instituted by either of the parties in this or any other jurisdiction.
7. Plaintiff has been advised that counseling is available and that Plaintiff
may have the right to request that the court require the parties to participate in counseling.
COUNT I - DIVORCE PURSUANT TO &3301 (c) OR (d) OF THE DIVORCE CODE
8. The prior paragraphs ofthis Complaint are incorporated herein by
reference thereto.
9. The marriage of the parties is irretrievably broken.
WHEREFORE, Plaintiff respectfully requests the Court enter a Decree of Divorce
pursuant to 93301 of the Divorce Code.
Respectfully submitted,
Date: :1 /; ( 10 j~
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Darren 1. H61st: Esquire
HOWETT, KISSINGER & CONLEY, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, P A 171 08
Telephone: (717) 234,2616
Counsel for Plaintiff, James D. Welty
VERIFICATION
1, James D. Welty, hereby swear and affirm that the facts contained in the foregoing
Complaint in Divorce
are true and
correct to the best of my knowledge, information and belief and are made subject to the penalties
of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities.
Date: 3/16/05
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
Plaintiff
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NO. 05-1453 CIVIL TERM
JAMES D. WELTY,
v.
PATRICIA A. WELTY,
Defendant
CIVIL ACTION, LAW
IN DIVORCE
PRAECIPE
TO THE PROTHONOTARY:
Please reinstate the Complaint in Divorce filed with this Court on March 17,2005.
Respectfully submitted,
Date: (/;/v r
arren J. Ho t, Esquire
HOWETT, KISSINGER & CONLEY, P.C.
130 Walnut Street, P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Plaintiff James D. Welty
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THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
J MES D. WELTY, )
Plaintiff )
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v. ) NO. 05,1453 CIVIL TERM
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TRlCIA A. WELTY, ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
ACCEPTANCE OF SERVICE
I, Patricia A. Welty, Defendant in the above-captioned divorce action, hereby accept
ervice of the Complaint in Divorce.
ate:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JAMES D. WELTY,
Plaintiff
)
)
)
)
)
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NO. 05-1453 CIVIL TERM
v.
PATRICIA A. WELTY,
Defendant
CIVIL ACTION ' LAW
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under 9330I(c) of the Divorce Code was filed on
March 17, 2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety
days have elapsed from the date of filing and service ofthe complaint.
3. I consent to the entry of a final decree in divorce after service of notice of
intention to request entry of the decree.
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
&3301(c) OF THE DIVORCE CODE
I. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by
the Court and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary .
I verify that the statements made above are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn
falsification to authorities.
Date:~!>11 OS
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J es D. Welty, Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JAMES D. WELTY,
Plaintiff
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NO. 05-1453 CIVIL TERM
v.
PATRICIA A. WELTY,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
I. A complaint in divorce under 9330I(c) of the Divorce Code was filed on
March 17, 2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety
days have elapsed from the date of filing and service of the complaint.
3. I consent to the entry of a final decree in divorce after service of notice of
intention to request entry of the decree.
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
&3301(c) OF THE DIVORCE CODE
I. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by
the Court and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I veriry that the statements made above are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn
falsification to authorities.
Date: 6/.5/lt6
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Patricia A. , Defendant
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Darren J. Holst, Esquire
Howet!, Kissinger, Conley & Holst, P.c.
130 Walnut Street, P. O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234,2616
Counsel for Plaintiff James D. Welty
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
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NO. 05-1453 CIVIL TERM
JAMES D. WELTY,
v.
PATRICIA A. WELTY,
Defendant
CIVIL ACTION, LAW
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. Ground for divorce: Irretrievable breakdown under ~330l(c) of the Divorce Code.
2. Date and manner of service of the complaint: Service accepted by Defendant Patricia A.
Welty on March 28,2005; Acceptance of Service filed on April 27, 2005.
3. Date of execution of the affidavit of consent required by ~330l(c) of the Divorce
Code: by plaintiff, August 31,2005; by defendant, August 31, 2005.
4. Related claims pending: No related claims pending.
5. Date plaintiff's Waiver of Notice in S330l(c) Divorce was filed with the prothonotary:
contemporaneously herewith; date defendant's Waiver of Notice in ~330l(c) Divorce
was filed with the prothonotary: contemporaneously herewith.
Date:
7 /;_/u (~
c--V-(Jlilrf
Darren J. H st, EsqUIre
Howett, Kissinger, Conley & Holst, P.C.
130 Walnut Street, P. O. Box 810
Harrisburg, P A 17108
Telephone: (717) 234-2616
Counsel for Plaintiff James D. Welty
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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
JAMES D. WELTY,
PENNA.
STATE OF
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Plaintiff
No.
2005-1453 CIVIL TERM
VERSUS
PATRlCIAA. WELTY,
Defendant
DECREE IN
DIVORCE
2005 , IT IS ORDERED AND
AND NOW,
JAMES D. WELTY
DECREED THAT
, PLAI NTI FF,
PATRlCIAA. WELTY
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; None.
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PROTHONOTARY
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