HomeMy WebLinkAbout05-2743
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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
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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.
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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
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, Mic ael A. Scherer
1.0. # 61974
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Plaintiff,
Jessica M. Weist
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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
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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.
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Date: May ft, 2005
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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
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AND NOW, on this the IX day of (J/a (y , 2005, I, Nicholas B. Weist,
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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.
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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
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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:
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Jessica M. Weist
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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;')
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005-2743 CIVIL TERM
JESSICA M. WEIST,
Plaintiff
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III NICHOLAS B. WEIST,
Defendant
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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
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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
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Michael A. Scherer, Esquire
Attorney for Plaintiff, Jessica M. Weist
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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.
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