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HomeMy WebLinkAbout05-5302 DIANE G. WERTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. TIMOTHY M. WERTZ, Defendant CIVIL ACTION - LAW daJ5""- ~2 D-v;! 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office ofthe Prothonotary, Cumberland County Courthouse, I Courthouse Square, Carlisle, PAl 7013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'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. Court Administrator Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6100 DIANE G. WERTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. TIMOTHY M. WERTZ, Defendant CIVIL ACTION - LAW 74 05'- -5 3tJ.2 ~ I,LH- IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Diane Wertz, who currently resides at 146 East Chapel Avenue, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Timothy Wertz, who currently resides at 146 East Chapel A venue, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 20, 1997. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Divorce is sought pursuant to the provisions of the Divorce Code, Sections 3301(a)(6), 3301(c), and 3301(d), in that: a. The Defendant offered such indignities to the Plaintiff as to render Plaintiffs condition intolerable and life burdensome. b. The marriage is irretrievably broke. 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 such counseling. 8. Plaintiff does not request counseling, pursuant to SS3301(c) and 3301(d) of the Divorce Code. 9. The Plaintiff in this action is not a member of the Armed forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. Date: /0-//- 0.>' By: Andrew H. Shaw, Esquire Sup. Ct. ID No. 87371 61 W. Louther St. Carlisle, PA 17013 (717) 249-1177 Attorney for Plaintiff VERIFICATION I, Diane Wertz, verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. S 4904 relating to unsworn falsification to authorities. Date: I\) -10. U:) ~ G--. ~jJj Diane Wertz p ('J ~ ':~<:: 19 -- 1", (\ ~ *- <;;- 0-.') ~ -0 -0 ~ <;;"" -1-.l ~ -' c- 'f L G "', c::;:. c::~) ~.., = " --; C:) o u , ,~ DIANE G. WERTZ, Plaintiff v. TIMOTHY M. WERTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ;2()O'f.... 53D'J.. CIVIL ACTION - LAW IN DIVORCE PROOF OF SERVICE I, Andrew H. Shaw, Counsel for the Plaintiff, Diane G. Wertz, hereby certify that a true and correct copy of the Divorce Complaint in the above captioned case was served upon Defendant via First Class Mail on October 15, 2005. A copy ofthe Acceptance of Service is attached. Date: J 0 - J ~ ~OS r-- A ew H. haw, squire Counsel for Plaintiff PA Sup. Ct. ID Num. 87371 61 W. Louther St. Carlisle, P A 17013 717-249-1392 , DIANE G. WERTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. TIMOTHY M. WERTZ, Defendant CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Divorce Complaint. Date: /.5 () c; 5! l) oS' / 1 t ~ - c It ..tJ P 'i { tJJ z , CIJ 12.. L .T ~ L ~ fJlf} . I 7 (/ ).J Mailing Address ' t'-~ () .~\-->l '---:~' r0 DIANE G. WERTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ;200 J-530~ CIVIL ACTION - LAW TIMOTHY M. WERTZ, Defendant IN DIVORCE MARRIAGE COUNSELING AFFIDAVIT The Dcfendant, being duly sworn according to law, deposes and says: 1. I have been adviscd of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I undcrstand that the Court maintains a list of marriage counselors in the Prothonotary's office. which list is available to me upon request. 3. Bcing so advised. I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being hand(~d down. I verify that the statements made in this affidavit are true and corrcct. I understand that false statements herein are made subject to the penalties of 18 Pa. c.s. S 4904 relating to unsworn falsification to authoritics. Dated: /.. ,-/- O/P _ /k . ~. 'f' (?'~' /,/-" {,)~. . Timothy . Wertz. DefeT1Clant (~ DIANE G. WERTZ, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ')OO~ - 530;;" ... CIVIL ACTION - LAW TIMOTHY M. WERTZ, Defendant IN DIVORCE AFFIDAVIT OF CONSENT A complaint in divorce under S 3301 (c) of the Divorce Code was filed on October 11. 2005. 2. The marriage of Plaintiff and Dcfendant is irretrievably broken and ninety days havc elapsed from the date of fiI ing and service of the Complaint. 3. I consent to the entry ofa final decree of divorce after service ofnoticc of intention to request entry of the decree. I vcrify 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. S 4904 relating to unsworn falsification to authorities. Dated: 1- I -(~ OG? j: Timothy l,.! DIANE G. WERTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. (X)- 530& CIVIL ACTION - LAW TIMOTHY M. WERTZ, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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, lawycr's fees or expenses if! 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 tiled 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 falsitication to authorities. DATE: L 17, OC?- ~~ t11. ~. rI:r- Timothy . Wertz,~ -,... DIANE G. WERTZ, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA :2005' j"J?;( CIVIL ACTION - LAW TIMOTHY M. WERTZ, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under S 3301 (c) of the Divorce Code was filed on October 11.2005. 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 ofa final decree of divorce after service of notice of intention to request entry of the decree. I verity 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. S 4904 relating to unsworn falsification to authorities. Dated: / - I 7 - 0 to ,~ G---lu~ Diane G. Wettz. Plaintiff DIANE G. WERTZ, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ;00':;--530 ~ CIVIL ACTION - LAW TIMOTHY M. WERTZ, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 ifI 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 al1idavit 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 falsitication to authorities. DA TE: ~! 7 - 0 G ~ &- Lu--Jj Diane G. Wertz, Plaintiff DIANE G. WERTZ, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ;)005" 53? 2.. CIVIL ACTION - LAW TIMOTHY M. WERTZ, Defendant IN DIVORCE MARRIAGE COUNSELING AFFIDAVIT The Plaintiff. being duly sworn according to law, deposes and says: I. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. [understand that the Court maintains a list of marriage counselors in the Prothonotary's office, which list is available to me upon request. 3. Bcing so advised, [ do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down. [ verity that the statements made in this at1idavit are true and correct. [understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904 rclating to unsworn falsification to authorities. Datcd: / ~ I 7 - 0& ~. 6-.w~ Diane G. Wertz, Plaintiff DIANE U WERTZ IN THE COURT OF COMMON PLEAS OFCT1)mF'lT~A,jfOU!\TY, PENNSYLV ANIA PLAINTIFF VS T1MOTID'M WERTZ NO. 2005-5302 CIVIL ACTION - LA W IN DIVORCE DLFI:NDANT 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 ~ 330lC 0 3301 D of the Divorce Code. (Check applicable code) 2. Date and manner of service of the complaint Octo her 15, 2005, signed and accepted by Defendant. 3. (Completc either paragraph (A) or (B).) (A) Datc of execution of the affidavit of conscnt required by Section 3301 (C) of the divorce code: By plaintiff January 17. 2006; by defcndant January 17. 2006. (B) (I) Date of execution of the affidavit of consent required by Section 3301 (C) of the divorce code: (2) Date of filing and service ofthe plaintiffs affidavit upon the respondent 4. Related claims pending: None. 5. (Complete either (A) or (B).) (A) Date and manncr of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (B) Date plaintiffs Waiver of Notice in Ij 3301(c) Divorce was filed with the Prothonotary: .JanllGlY 17, 2006. Date defendant's Waiver of Notice in Ij 3301(c) Divorce was filed with the Prothonotary: Andrew H Shaw, Esquire Attorney for ~ Plaintiff D Defendant #J~ .JanllGlY 17, 2006. ProthOll. - 49 ,.j DIANE G. WERTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. TIMOTHY M. WERTZ, Defendant ClfIL ACTION - LAW ,VO : ,)00::- l' 'S0;2, IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the X Plaintiff _ Defendant in the above matter, [Select one of the following] t- prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of n,' i{ i'\.L E k ; i'\ e.. ~-e--j' J- ,and gives this written notice avowing his/her intention pursuant to the provisions of 54 P .s. 9 704. Date: )-li.u 10 ~~ &- I.u~ Diane G. Wertz ~ ~ (?~ Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND rt... On the 1'L- day of .Janll~ ,2006, before me, the Prothonotary or a Notary Public, personally appeared the a ove affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. ~'7~ P!-oth'onotary or Notary Public I. NOTARIAL. SfAI. , STE':l~~!E E. CHER!OK, Nolmy Pldllk: C. n;. ,,!hro C,";" Ie'...., ('c....'" f},oj CO;'ljji~hT,,;cn 'F ~~'I;';;r:~~~~~;:;~'3' 4f!1Jl '.~---'":-1-'_~~>"-:':::":'::;:"'~~~:_~.;-l A:J ~ -j!,. -:Y c__~ ' , "'-ii ........ () (.,,- :-1 ~ () :il~( IS ~ "-or', --:::3 _. - ~ - .. -,--, r--- -.. -< ,," , , , , , H , " 1f.:+;Cf.;+: :t:~;t':+::+';f. :+:'t::+.:+. :+.'f:t';+: " " "" "" 'to+.:+::+' H 'f'f'f:+'++'+++''f+'+'+'++'++~~ , , " " " , " " " " " " " " " " " " " , " " " " " IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHiCH HAVE " " " " " " " " " " , " , , , " " , " , , " " , , " STATE OF No. DIAN" G. WERTZ VERSUS TIMOTHY M. \VERTZ " " " " , " " " " . , , " " " , " , " " " " " " , . , , " . " " " " " " , " " " " " , " " " " " " " , " " , . . " " , . " " " , , , " " " , +'+. '+' +. Of DECREE IN DIVORCE ~('Al^\J~ (? AND NOW, DECREED THAT DIMTE G. HERTZ AND TIMOTHY M. HF.RTZ ARE DIVORCED FROM THE BONDS OF MATRIMONY. PENNA. 2005- 5302 " , , , , " , , " , , " " , " , . " , " , " . " " " , , " " " , . " . " " , , . " " " " , . " , , " " , " , " " " , " " , , . , " " J. ' , " , " . " " " , , :+. :+. :+. 'f + :t.:+. Of. Of' ;+: Of 'f '+' +. 'f Of Of '+ :+: +. +. Of 'f 'f +. Of :+: Of Of ++ ~ , IT is ORDERED AND , PLAINTiFF, , DEFENDANT, YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FiNAL ORDER HAS NOT None. ./ /' BY THE 06URT: ATTEST: +. :t.++:t:+:+.+'f :+::+.+ +. :+. +'f'f 'f:+:'f:+::+: Of :t:'f'f'+. ;;If' :!' ?iT"'" '?"it, 1,7 \;<" / ("'j:9 ftr' J' /T~~ J,k) f"J q.J re'} , , ., ~ . .