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HomeMy WebLinkAbout05-2743 II r i ... JESSICA M. WEIST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA V. NO. 2005- ).743 CIVIL TERM NICHOLAS B. WEIST, 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 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 the Cumberland County Court House, Carlisle, Pennsylvania. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE 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. Pennsylvania 17013 (717) 249-3166 , II " . I' I I JESSICA M. WEIST. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005- 2. '1'13 CIVIL TERM NICHOLAS B. WEIST, Defendant CIVIL ACTION-LAW IN DIVORCE DIVORCE COMPLAINT 1. Plaintiff is Jessica M. Weist, an adult individual who currently resides at 116 Vaughn Road, Carlisle, Cumberland County, Pennsylvania 17013-9727. 2. Defendant is Nicholas B. Weist, an adult individual who currently resides at 311 Newburg Road, Newburg, Cumberland County, Pennsylvania 17240-9384. 3. Plaintiff and Defendant have been bona fide residents in 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 May 9, 2004, Shippensburg, Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in Counseling. 9. Plaintiff requests the court to enter a decree of divorce. II ! . WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. Respectfully submitted, O'BRIEN, BARIC & SCHERER l!1fl/!v , Mic ael A. Scherer 1.0. # 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff, Jessica M. Weist mas\Oomestic\Weist\divorce.comp i . JESSICA M. WEIST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005- CIVIL TERM NICHOLAS B. WEIST, Defendant CIVIL ACTION-LAW IN DIVORCE II I I understand that false statements herein are made subject to the penalties of 18 Pa. VERIFICATION I verify that U,e statements made in this Complaint are true and correct. C.S. ~ 4904. relating to unsworn falsification to authorities. II I, , Date: May ft, 2005 "~ /~L ' '/ Jessica M. Weist I ~ ~ ~ --........ "I") \~ <;:) ......... -0 '-'\ " ~ D --t:. 'J ~ "" '<> @ t.~.) c~_;;:. ':-, \':...;' ( -j --r'1 ;~~) U1 en -:':3 . "'~... JESSICA M. WEIST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-2743 CIVIL TERM NICHOLAS B. WEIST, Defendant CIVIL ACTION-LAW IN DIVORCE ACCEPTANCE OF SERVICE /:If" AND NOW, on this the IX day of (J/a (y , 2005, I, Nicholas B. Weist, ~ Defendant, hereby accept service 01 the Divorce omplaint in the above action pur;~uant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a true and attested copy of said Complaint. d J ~ //'..:L~ 11/ V p Nicholas B. Weist Q ~t ~ ~ <c: ~ \ co ~ ~""\"1 frlr: --00:.\ :0"( qg :\:-1, or) ;2: r-n Q\ :F' ~ ~ > - - o ,t::'" !I JESSICA M. WEIST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005-2743 CIVIL TERM NICHOLAS B. WEIST, Defendant CIVIL ACTION-LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, j~CCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3201 (G) of the Divorce Code was filed on May 25, 2005. 2. Defendant acknowledges receipt and accepts service of the Complaint on May 28, 2005. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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 a orities. Date: "f. . :2 6 . as 0 ,...~ 0 <-=> ~; <'" -n c.n J> .-1 c: X.,., G-) rn'[.;:;; i7; (.,~ 'y ;. ~-;) v (?~s ::1: .c- -::5111 -~ .c ;;.. ..r) 0 .n (,,) -< II I' JESSICA M. WEIST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005-2743 CIVIL TERM NICHOLAS B. WEIST, Defendant CIVIL ACTION-tAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on May 25, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of thE! Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. 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. 5. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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. Date: ~/:J5k At~P Jessica M. Weist ,...~ = c.=:> "'" o "TI ~ [<1 ::D --,-:J r-n ::],-~:G' '~~fi ~)rn ~-::::! :.0 --< ::Wj~ C':: 0'j C,o,) _.::~: G~ eN t.n r JESSICA M. WEIST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005-2743 CIVIL TERM NICHOLAS B. WEIST, Defendant CIVIL ACTION-LAW IN DIVORCE AMENDED PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on May 25, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. 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. 5. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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. Date: 1/'1ID;') I , ~LA ~ ;I Je!Ssica M. eist c.... r-' C) .' C:I -;;-- 0 ~n ;:../1 1 ...r,) :;'l-; , ' \,,;.9 ~~j - -,...~ 6' v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-2743 CIVIL TERM JESSICA M. WEIST, Plaintiff I III NICHOLAS B. WEIST, Defendant I i 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 Section 3301(c) of the divorce code. 2. Date and manner of service of the complaint: Defendant signed an Acceptance Of Service form dated May 28, 2005. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required under Section 3301 (c) of the divorce code: by the plaintiff September 3. 2005 by the defendant Auaust 26. 2005 I (b) (1) I of the divorce code I Date of execution ofthe plaintiff's affidavit required by Section 3301 (d) N/A (2) Date of service of the plaintiff's affidavit upon the defendant NIA 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(c) divorce was filed with the Prothonotary: September 9. 2005 Date defendant's waiver of notice in Section 3301 (c) divorce was filed with the Prothonotary: Auaust 31.2005 lfb4/Vl/ Michael A. Scherer, Esquire Attorney for Plaintiff, Jessica M. Weist C) ....., c = ~ = "'" I~T u:> ~:n G, ...., N r- "~ ts '---1 V :C:H " -<:~ ,-) ",.0 ~ r;-:> om ~ """ -{ :!6 .t:- -< IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. JESSICA M. WEIST, Plaintiff No. 2005-2743 CIVIL VERSUS NICHOLAS B. WEIST, Defendant DECREE IN DIVORCE AND NOW, -d-yr ~ ;J"<f) Z.t4 05, I TIS 0 ROE RED AND JESSICA M. WEIST DECREED THAT , PLAI NTI FF, NICHOLAS B. WEIST AND , DEFENDANT, ARE DIVORCED FROM TH E BON OS OF MATRI MONY. 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. ~4<r~ ~ PR HONOTARY J. ~ ~ ,~~ ~' ~IA 50(}t'/J J.-n?>~.Y' p 7 /'Y'''''''' tw ,p1l .50' Of b . ~ ., ' J< .