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Home My WebLink About05-1469 . - KELLIJO K. WERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE : NO. 05- \l.\~lvIL TERM DONALD WERT, Defendant 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 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, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER'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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Avenue Carlisle, P A 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 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 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. 4 KELUJO K. WERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE . \qC\. : NO. 05- \1.\ CIVIL TERM DONALD WERT, Defendant COMPLAINT UNDER 23 Pa.C.S, ~~ 3301(c) and Cd) OF THE DIVORCE CODE The plaintiff. Kellijo K. Wert, by her attorneys, the Family Law Clinic, sets forth the following cause of action: 1. Plaintiff is Kellijo K. Wert, who currently resides at 1021A West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Donald Wert, who currently resides at 75 Fickes Road, Newville, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident of Cumberland County and the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 28, 1993 in Carlisle, Cumberland County, Pennsylvania. 5. Plaintiff and Defendant have lived separate and apart since May 1994. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that Plaintiff or Defendant may have the right to request that the court require the pmties to participate in counseling. KELLIJO K. WERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE DONALD WERT, Defendant : NO. 05-1469 CIVIL TERM NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter, having been granted divorced from the bonds of matrimony on the 15" day of June, 2005, hereby elects to retake and hereafter use her previous name of Kellijo Bailey, and gives this written notice avowing her intention to do so pursuant to the provisions of 54 Pa. C.S. 9704. Wishes to Be Known As: ~Wh& ~ct COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On the 24" day of June, 2005, before me, a Notary Public, personally appeared Kellijo Wert, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial seal) ~7 ( / !,~' , , ~ ,:Jla . L// OTAR~Ii~ I\\Clta_rat~1 l.alrie L. Wolf, Nofary Public South Middleton Twp,. Cumberland County My CommissIOn Expires Jan. 7. 2006 Member, PennsylvanIa Assocfation Of Notaries ~ <:;;-' ~ <:> o ~. Q :...l I:> VI \I .\:::::. -V ~ 7\ ~ -.?" r- '" ,,- r:> ::> (' ~ ' ,~w (') f,; Jjct.i --;..~ (T ,","_.':J Lr~ ,~ ,. v_,.,... _/" , c:; \~: ~~, _c. re Z ::2 ....., => 5: C- c: .- I (7\ o .." -t ::J:..., nlp:::: ::qm .96 ,'.) .. , __-' J .e"'" , (?~ om -, 55 .< -p :!.:; w U1 , -' WHEREFORE, plaintiff requests the court to enter a decree of divorce dissolving the mamage. Date~ d4t?/ Certified Legal Inte )~JL." -fJ THOM . PLACE ~ ROBERT E. RAINS Supervising Attorneys ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Staff Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle,PA 17013 717/240-5204 717/243-2968 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. Ilmderstand making any false statement would subject me tot he penalties of 18 Pa.C.S. S4904, relating to unsworn falsification to authorities. Date 3 -1~-6b ij ~ u , n ::-:" ~'~' C:':J (0:""' ,-0 KELLIJO K. WERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE . ~ : NO. 05- V..ti.PCIVIL TERM DONALD WERT, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Kellijo Wert, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date~ L e . Gornall Certified Legal Inte T~-ft ROBERT E. RAINS Supervising Attorneys ANNE MACDONALD-FOX LUCY JOHNS TON- WALSH Staff Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 iJ c::: KELUJO K. WERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE v.,\Ji : NO. 05- \ CIVIL TERM DONALD WERT, Defendant NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter- affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 330l( d) OF THE DIVORCE CODE 1. The parties to this action separated in May 1994 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. 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. S4904, relating to unsworn falsification to authorities. Date 3 -/Z-oS- .--~ "",", -'-:-,'! G\ U KELLIJO K. WERT, Plaintiff : IN THE COURT OF COMMON PLEAS F : CUMBERLAND COUNTY, PENNSYL ANIA v. : CIVIL ACTION - LAW : IN DIVORCE DONALD WERT, Defendant : NO. 05-1469 CIVIL TERM CERTIFICATE OF SERVICE I, Rene M. Gornall, hereby certify that I served a true and correct copy of he Complaint for Divorce on Donald Wert, at 75 Fickes Road, Newville, PA 17421, Y depositing a copy of the same in the United States mail, certified, restricted deliv y, return receipt requested on March 22, 2005. Service was complete upon receipt y Donald Wert on March 26, 2005, as evidenced by the attached green card. Date: ~1~ol~5 e M. ornall Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 . Complete items 1, 2, and 3. Also complete item 4 jf Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the maiJpiece, or on the front if space permits. o Agent Addre ee . Date of Deli ry I -;;1.(,-0 DYes o No 1 Article Addressed to: lOGY) alA L.0u..,;t 1 ",- -fi;"{jr?8 1:<' oc,,) liloi!-i<;Udl;; / II? (7),(1/ 3. Service Type E Certified Mail 0 Express Mail ! BrAegistered .1Cj Return ReceiP~fOr Merchand" o Insured Mail 0 C.O.D. ! 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) '7 () 6 3- 3 II D 006 Y S.' -,;' y ") 7 S < PS Form 3811, August 2001 Domestic Return Receipt 17241+'34&10Eo 102595.02.M.1 35 '."11I".1,,/.1./,,1.,,111,1.,,1,,1.11.,, .11 .,.-,. . " C) :"\) 1..-::' - ----- (It" KELUJO K. WERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : IN DIVORCE DONALD WERT, Defendant : NO. 05-1469 CIVIL TERM DEFENDANT'S COUNTER-AFFIDAVIT UNDER !'i330Hd) OF THE DIVORCE CODE 1. Check either (a) or (b): (V' (a) I do not oppose the entry of a divorce decree. ( ) (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): ( ) (i) The parties to this action have not lived separate and apart for a period of at least two years. ( ) (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (~ (a) I do not wish to make any claims for economic relief. 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. () (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. J understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. IfI fail to do so before the date set forth on the Notice ofIntention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-affidavit 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 05 -0/ - (J <:' r?1~ ~ ~ onald Wert, Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. '" ~ ~ <- s - ..-....,. ~0'~\ -<:. ~ %~ I ~~ 0:> ~::::r, r.)-'- 20 0'" .'4 tn ~ c..:> -0 :;;:: r:-;> - KELLIJO K. WERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : IN DIVORCE DONALD WERT, Defendant : NO. 05-1469 CIVIL TERM CERTIFICATE OF SERVICE I, Rene M. Gornall, hereby certify that on this 8th day of June, 2005, I am serving a true and correct copy ofthe Praecipe to Transmit Record and Divorce Information Sheet on Donald Wert by first class U.S. mail, addressed as follows: Donald Wert 75 Fickes Road Newville, PA 17241 Date:~ ~...4;; ene M. Gomall Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, PAl 70 13 - 0 ....., C <:.-::::> 0 = en -1'1 {.. L- ~:n c:: ;:;-;:: en I :.g~ 0:> 0 _..;C) (" -'" -:1:-" c> := i5::D c' ~ 6~ ~:.." ::;:J Ul ;;;! _':I ,.u:- .< - . ,. KELLIJO K. WERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE DONALD WERT, Defendant : NO. 05-1469 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under ~ 3301(d) of the Divorce Code. 2. Date and manner of service ofthe complaint: United States mail, certified, restricted delivery, return receipt requested on March 26, 2005. 3. Date of execution of the Plaintiff's Affidavit required by S 3301(d) of the Divorce Code: March 18,2005; Date of service of the Plaintiff's Affidavit upon the Defendant: March 26,2005. 4. Related claims pending: none. 5. Date and manner of service of the notice of intention to file Praecipe to Transmit Record, a copy of which is attached: United States mail, first class, posta e prepaid on April 28, 2005. e e M. Gorn C_,d "'g. [.km fi )'~~JL/f- ROBER E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717/240-5204 Date~ ... L..- KELLIJO K. WERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE DONALD WERT, Defendant : NO. 05-1469 CIVIL TERM ~@~\f TO: DONALD WERT You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the 9 3301(d) affidavit. Therefore, on or after May 18,2005, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court 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 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. - C) '" = Sl? ~~;' "'" ~ '--- 5! ("- :.? rn:n r- , IJ!i! co QJ -n """1-'-,-. :::/1: (J?i:! :2" ~ c5rn CJ1 ;g -t:- -< . . . .. <f ~;!; Of. '+':+; Of.:+. . . . .. . . ... . . IN THE COURT OF COMMON PLEAS . . . OFCUMBERLANDCOUNTY . . . . . . . . KELLIJO K. WERT PENNA. STATE OF . . . Plaintiff No. 05-1469 . . . . . . VERSUS DONALD WERT . Defendant . . . . . . . . . . . . . . . . . . . . . DECREE IN DIVORCE AND NOW, f~ I?" "..- , ,;tAO) , IT IS ORDERED AND DECREED THAT KF.T,T, T,TO K WRR'T' , PLAINTIFF, . . . . DONALD WERT 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; . . . . . . . Nflnp . . . . . . PROTHONOTARY . J. . . . . . . . . . . . . . . . . .. .. . . . .. . . .. . . .. . .. .. :I;:+. Of:+: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... aYlA />Cl' 1/. 0/ . ~ ~ f'1f"'" t#J f1J SO 1/ ~ 1::1 ~ ~ . .-.. ~" -.. .. --- -