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Home My WebLink About06-6857ESTHER F. WEAVER, Plaintiff V. ELWOOD L. WEAVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE :NO. 06- 18b`] CIVIL TERM 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, 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, 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 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. ESTHER F. WEAVER, Plaintiff V. ELWOOD L. WEAVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE : NO. 06- 19867 CIVIL TERM DIVORCE COMPLAINT The plaintiff, Ms. Esther Fay Weaver, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce: COUNTI DIVORCE UNDER 23 Pa C S 45§3301(a)&,3301(c) AND 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Ms. Esther Fay Weaver, who currently resides at 227 South Side Drive Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is Mr. Elwood Weaver, whose last known address is 11 Run Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on December 18, 1962 in Cumberland County, Pennsylvania. 5. Plaintiff and Defendant have lived separate and apart since June, 2006. 6. There have been no prior actions for divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Alternatively, Plaintiff avers that the Defendant has offered such indignities to her, the injured and innocent spouse, as to render her condition intolerable and life burdensome. 9. 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. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. COUNT II EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 are incorporated herein by reference. 11. Plaintiff and Defendant have acquired property during their marriage. 12. Plaintiff and Defendant have incurred numerous debts during their marriage. WHEREFORE, plaintiff requests the court to enter an order dividing the marital property equitably between the parties and such other relief as the Court deems just. COUNT III ALIMONY 13. Paragraphs 1 through 12 are incorporated herein by reference 14. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment 15. Plaintiff requests reasonable support to adequately maintain herself in accordance with the standard of living during the marriage. WHEREFORE, Plaintiff requests the Court to enter an award of alimony in her favor. f a en Navalkowsky Certified Legal Intern ROBE T E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. l Date . /Q Ms. Esth ay )Weaver CG 71, gm r7i t C4 Q L.._ to cn ESTHER F. WEAVER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE ELWOOD L. WEAVER, Defendant : NO. 06- 6857 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Esther F. Weaver, 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 j pectfully sub ' ed, ?j ' ` 0 ren Navalkowsky ertified Legal Intern ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 G7 ra -aFn =lc C c- n alt`. ESTHER F. WEAVER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE ELWOOD L. WEAVER, Defendant : NO. 06-6857 CIVIL TERM ACCEPTANCE OF SERVICE I accept service of the Divorce Complaint on behalf of Elwood L. Weaver and certify that I am authorized to do so. Date Hubert X. Gi)ioy, Esq. Broujos & ilroy, P.C. 4 North Hanover St. Carlisle, PA 17013 C-) r 77 ? w m? CD Esther F. Weaver, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Elwood L. Weaver, Defendant : NO. 06-6857 CIVIL TERM INVENTORY OF ESTHER F. WEAVER Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct, to the best of her knowledge, information, and belief. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Plaintiff ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) 1. Real Property (X) 2. Motor Vehicles ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit ( ) 5. Checking accounts, cash ( ) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts ( ) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventories, royalties ( ) 14. Personal property outside the home ( ) 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ( ) 16. Employment termination benefits - severance pay, worker's compensation claim/award ( ) 17. Profit sharing plans ( ) 18. Pension plans (indicate employee contribution and date plan vests) ( ) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits (X) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) (X) 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description Names Of Number Of Property All Owners 1. Residence at 227 South Side Drive, Esther Weaver Newville, PA 17241 Elwood Weaver 2. Chevy Silverado Truck, 1995 Model Year Esther Weaver Elwood Weaver 2. Ford Escort, 1989 Model Year Elwood Weaver 2. Dodge Reliant, 1988 Model Year Esther Weaver 2. Dodge Caravan, 1994 Model Year Esther Weaver 25. Household Furnishings Esther Weaver Elwood Weaver 2 PROPERTY TRANSFERRED Item Description Date Of Person To Whom Number of Property Transfer Consideration Transferred 1. 2004 Ford Focus January 2006 Release of loan Parsons Ford in Shippensburg 2. RV Camper May 2006 none Laura Smith LIABILITIES Item Description Names Of Names Of Number of Property All Creditors All Debtors 1. Mortgage on real property Country Wide Esther Weaver located at 227 South Side Elwood Weaver Drive, Newville, PA 17241 26. Loan Balance for 2004 Ford Credit Corporation Esther Weaver Ford Focus voluntarily Elwood Weaver surrendered January 2006 26. Personal Loan: Farmer's National Esther Weaver approximately $3,000 Bank Elwood Weaver 26. Personal Loan: Citifinancial Esther Weaver approximately $10,187 Elwood Weaver 26. Medical Bill: $260 Apex Asset Management Esther Weaver 26. Medical Bill: $374 National Recovery Agency Esther Weaver 26. Medical Bill: $112.15 Quest Diagnostics Esther Weaver 26. Veterinary Bill: Shippensburg Animal Hospi tal Esther Weaver approximately $379.39 3 NONMARITAL PROPERTY Item Description Number of Property Reason For Exclusion Owner from Marital Propertv Plaintiff reserves the right to correct and/or supplement this Inventory to the extent that she acquires additional information regarding assets and/or liabilities. 4 C r-j ?c a] Fn ?? . °. Ln Ji cn Esther F. Weaver, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW IN DIVORCE Elwood L. Weaver, Defendant NO. 06-6857 CIVIL TERM CERTIFICATE OF SERVICE I, Gail Torodash , Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the previously filed Plaintiff's Inventory on September 16, 2008 on defendant's counsel, Hubert Gilroy, Esq., 10 East High Street, Carlisle PA, 17013, by depositing a copy of the same in the United States mail, first class, postage prepaid. Date: Sept. 25, 2008 ail Torodash Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Min rl "IJ Davila). Buell Rothonotary Office of the Trothonotary Cum6er[ancf County, (Fennsy[vania Rir&S. Solionage, o SQ Solicitor 01D-10857 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28Th DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230,2, BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square ® Suite100 ® CarCisCe, TA ® (Phone 7.77240-6195 ® rFax 717 240-6573