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Home My WebLink About02-3182JESSICA HARRISON WEIST, Plaintiff NICHOLAS WEIST, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE : NO.- ,,~ ] ft~J,- 2002 CIVIL TErn 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 atthe Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JESSICA HARRISON WEIST, Plaintiff NICHOLAS WEIST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE : NO.- ~:~,d -_~/f.2.2002 CIVIL TERM COMPLAINT UNDER 23 Pa.C.S. § 3301(c) and § 3301(d) OF THE DIVORCE CODE The plaintiff, Jessica Marie Harrison Weist, by her attomey, Stephen O. Fugett, sets forth the following cause of action: 1. Plaintiff is Jessica Marie Harrison Weist, who resides at 110 Vaughn Road, Shippensburg, PA 17257. 2. Defendant is Nicholas Brandon Weist, who currently resides at the Dauphin County Prison, 501 Mall Road, Harrisburg, PA 17111. 3. Plaintiffhas been a bona fide resident of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiffand defendant were married on October 8, 2001 at District Justice Weyman's Office at 9724 Cumberland Highway, Pleasant Hall, PA 17246. 5. Plaintiffand defendant have lived separate and apart since November 6, 2001. 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 parties to participate in counseling. WHEREFORE, plaintiff requests the court to enter a decree of divorce dissolving the marriage. Respectfully Submitted, ABELN LAW OFFICES Steiden O. Fugett, E~ire Attorney for the Plaintiff 37 E. Pomfret Street Carlisle, PA 17013 (717)245-2851 VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa. C.S. § 4904, the undersigned verifies that the statements made in the foregoing Complaint are true and correct, to the best of my knowledge, information and belief. ~e-ssi~a Marie~Harrisofi Weist ~ SHERIFF'S RETURN - CASE NO: 2002-03182 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WEIST JESSICA HARRISON VS WEIST NICHOLAS OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT WEIST NICHOLAS but was unable to locate Him deputized the sheriff of DAUPHIN , Sheriff or Deputy Sheriff who being says, that he made a diligent search and in his bailiwick. County, serve the within COMPLAINT - DIVORCE , to wit: He therefore Pennsylvania, to On July 24th , 2002 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin County 18.00 9.00 10.00 29.25 .00 66.25 07/24/2002 ABELN LAW OFFICES Sheriff of Cumberland County Sworn and subscribed to before me this ~2,~-~ day of ~ ~L, A.D. ~ ' Prothonotary' Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AIqD NOW:July 9, 2002 COMPLAINT WEIST NICHOLAS to LT. BATTENHOUSE of the original : WEIST JESSICAHARRISON vs : WEIST NICHOLAS Sheriff's Return No. 1675-T - -2002 OTHER COUNTY NO. 02-3182 at 4:36PMserved the within upon by personally handing 1 true attested copy(les) COMPLAINT and making known to him/her the contents thereof at DAUPHIN COUNTY PRISON - D60,532 501 MALL RD HBG, PA 17111-0000 Sworn and subscribed to before me this 15TH day of JULY, 2002 PROTHONOTARY So Answers, Sheriff of Dauphin County, Pa. -/ Deputy ~heriff Sheriff's Costs:$29.25 PD 07/10/2002 RCPT NO 166497 HUNTER In:The Court of Common Pleas of Cumberland County, Pennsylvania Oessica Harrison Weist VS. Nicholas Weist SERVE: s~ne No. 02 3182 civil ~ow, July 3, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sher/ff of Cumberland County, PA Affidavit of Service Now, ,20__, at o'clock __ M. served the within upon at by handing to. a and made known to copy of the original Sworn and subscribed before me this __ day of ,20 So answers, Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT JESSICA HARRISON WEIST Plaintiff Vo NICHOLAS WEIST , Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW · IN DIVORCE · NO. 3182-2002 CIVIL TERM AFFIDAVIT OF CONSENT A complaint in divorce under §3301 (c) of the Divorce Code was filed on thc 3rdday of July, 2002. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint· I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree· 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. §4904 relating to unsworn falsification to authorities. JESSICA HARRISON WEIST, Plaintiff NICHOLAS WEIST, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW · IN DIVORCE · NO. 3182-2002 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND §3301(d) OF THE DIVORCE CODE 1. 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 if I 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 affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities· I}~e- F //a ssica H. Weist, Pl~ntiff - -- - JESSICA HARRISON WEIST Plaintiff NICHOLAS WEIST , Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION ~ LAW · IN DIVORCE · NO. 3182-2002 CIVIL TERM AFFIDAVIT OF CONSENT A complaint in divorce under §3301(c) of the Divorce Code was filed on the 3rdday of July, 2002. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. §4904 relating to unswom falsification to authorities. Date Nicholas We~, Defendar~t - JESSICA HARRISON WEIST, Plaintiff · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA v. · CIVIL ACTION - LAW · IN DIVORCE · NO. 3182-2002 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND §3301(d) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. I understand that I may lose fights conceming alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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. NICHOLAS WEIST, Defendant o 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. §4904 relating to unsworn falsification to authorities. Nicholas W'eist, Defendant JESSICA HARRISON WEIST Plaintiff NICHOLAS WEIST , Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE : NO. 3182-2002 CIVIL TERM AFFIDAVIT OF CONSENT A complaint in divorce under §3301(c) of the Divorce Code was filed on the 3rdday of July, 2002. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intent[on to request entry of the decree. 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. §4904 relating to unsworn falsification to authorities. Date sica H. Weist, Plaintiff JESSICA HARRISON WEIST, Plaintiff NICHOLAS WEIST, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW IN DIVORCE : NO. 3182-2002 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND §3301(d) OF THE DIVORCE CODE 1. 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 if I 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 affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date fJessica H. Weist, Plaintiff JESSICA HARRISON WEIST, Plaintiff NICHOLAS WEIST, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW IN DIVORCE : NO. 3182-2002 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND §3301(d) OF THE DIVORCE CODE 1. 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 if I 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 affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. {}4904 relating to unsworn falsification to authorities. Date Nicholas Weist, Defendant JESSICA HARRISON WEIST Plaintiff NICHOLAS WEIST , Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW IN DIVORCE : NO. 3182-2002 CIVIL TERM AFFIDAVIT OF CONSENT A complaint in divorce under §3301(c) of the Divorce Code was filed on the 3raday of July, 2002. The marriage of' plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 1 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. §4904 relating to unsworn falsification to authorities. Date Nicholas Weist, Defendant JESSICA HARRISON WEIST, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW IN DIVORCE NICHOLAS WEIST, Defendant : NO.- 3182-2002 CIVIL TERM PRAECIPE TO TRANSMIT RECORDS TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry ora divorce decree: 1. Ground for divorce: irretrievable breakdown under § (3301(c)) (929!(2)) of the Divorce Code. STRIKE OUT INAPPLICABLE SECTION 2. Date and manner of service of the complaint: 7/2/02 3. COMPLETE EITHER PARAGRAPH (A) OR (B) a. Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiffS/26/03; by defendant 8/26/03. b. i. Data of e*rocution of the affidavit roquirod by §3301 (d) of tho Divorco Code: ; ii. Dato of filing and c~rvice of tho plaintiffc affi&avit upon tho rospondont: 4. Related claims pending: NONE 5. COMPLETE EITHER (A) OR (B) a. D, ato and manner of eervic~ of tho notice of intention to filo praocipo to transmit record, a copy of whioh i~ attachod: b. Date plaintiffs Waiver of Notice was filed with the Prothonotary: 8/27/03. c. Date defendant's Waiver of Notice was filed with the Prothonotary: 8/27/03. Gregory Barton Abeln, Esquire/ For the Plaintiff IN THE COURT OF COMMON PLEAS CFCUMBERLANDCOUNTY ST/~ 'YE Of~ PENNA. JESSICA HARRISON WEIST N O. 3182 2002 VERSUS NICHOLAS WEIST AND NOW, DECREED THAT DECREE IN DIVORCE JESSICA HARRISON WEIST PLAINTIFF, AND NICHOLAS WEIST 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; PROTHONOTARY