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Home My WebLink About94-01195 . ~. . .~~~.._:.~'~~._:~..~~..~.~~-~~.~.~~.~~~~~~~~~~~ ~ - .' ~ 8 ~ IN THE COURT OF COMMON PLEAS ~ e . ~ OF CUMBERLAND COUNTY $ ~ ~ ~ : STATE OF . PENNA. ~~..' e ... e e e LORIA. WERT, . ... ................... II . Plaintiff No. ...U95.......... ................. 19 94 ............... ........ ........... ,i " i ~.~ ~ Vel'SII" ,. iI ...................... ~ iI il ~ '.' JEFFREY. .L. WERT,- Defendant ~ '.' " ". ." w .... w '.' DECREE IN DIVORCE w ", ~ ", ~ ~ ~ ~ ~ ..' w " $ AND NOW, ....J.!o'!l 1" ,.'t....... 19.. .!.l4.. it is ordered and decreed that ..~~~.I.~...Wf:RT................................, plaintiff, and........... JE~FaEX .L. 'wE8:r.. ......................... 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; w ". 8 $ .................. ....... ................................................., SE ATTACHED AGREEMENT INCORPORATED HEREIN, " ~. . .........0 ..... ........................................ -............. a~ .'0 .--..,. . .... o . o . .:- ....... ? ~ o . , . ~ .' ~ r-- Dy The Court: /1 ~. l ~ / ,. ... i\; IA./L-<J>L. 0 t... Attest: U . 0 .~~,1<l- K~. 7 "0~~ Prothonotary ". i!- ~ ~ ~ 7- ~ ? .-;;-....... .>.... '~.' .:;.to" '~.' 00'. '- ., . . ", '. - . . '0. '. .... "._ 0-. ..._.... ~..~'" ~ ~ ~ ~ e r~ ~ e ~ ~ S '" ~ $ ;,: ~ ~ " $ ~ ~.~ V '.' ~ '.' ~ $ ~ '.' ;.~ ~ .', ~ J, I~ (':' ~ ~ ~ '.' -"'~.' , . --- ~-.......---......_.. ............--~ .....- - ' - -- ---- ~..------ ....---,-----......----.., - ,.~ .- ....- - ,~ ~__~_*~_~_____ro____*__~. " ... 7f~e /71?.t~ ~9' /Yf/ Lori A. Wert, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 1195 CIVIL 1994 IN DIVORCE v. Jeffrey L. Wert, Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the foIlowing 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: Certified Mail return rcceipt on March 13, 1994, see Affidavit of Service filed. 3. Date of the execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff July 11, 1994; by Defendant July 8, 1994. 4. Related claims pending: None. ~0-'~\ 4. Robert G. Frey ./ 5 South Hanover Street ;' Carlisle, Pennsylvania 17013 ( (717) 243-5838 "- Attorney for Plaintiff , a; ~ = c:.- o ('oJ -:r >;,.. 1_.- ~ . -:;..., ~;~(:,~'~1 -, , ~. ',. - - ~ ::> -. ':.-'" ..,. ,.,., - -: ~ ',) ('.~.... "~1~ r?i ~-' :z O~< ""':z- ""'<:Z :;..J~ 0~..1 U~> ,",l:Qcn O:;:z E-<;:l:Z ~U~ ;:l,",l:l. 00>' UcnE-< ~<:z =~;:l E-<..JO :zl:l.U - -";\-" 1- . ~i .~ '- \ . c\ .r, ,~, -;J r,- ~~ t.,----, -1 1\ --4./. ";r ''-..) -- '" -.I. o ~ ::) o ,J \.r. . \", \ f\ \'- 'Zl \~ \ - ~ ~ ~ ~... ~:s -.: <l!cu -6: ~ o ..J ~ ~ ~= . cu ..J'O = >~ ~.. ~~ '"' '"' ~ .... ;: - l!l iU:5!Mlll ..J..=-Uio~ _ < .. ~ N I-ch~~~ olI>-cD.[; L1J ... .; >-Zxii~ wa:%"J! a:OolJg u.1=1Il - c:( In ~ . III > Lori A. Wert, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACI10N - LAW No. 1/%' CIVIL 1994 IN DIVORCE v. Jeffrey L. Wert, Defendant NOTICE TO DEFEND AND CLAIM OF 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. Ajudgment 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, mcluding 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: CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 240-6195 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 TffiS 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, FOURTH FLOOR CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 240-6200 . II . Lori A. Wert, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACI10N - LAW No. f/'1:J CIVIL 1994 IN DIVORCE v. Jeffrey L. Wert, Defendant COl\1PLAINI COUNT I . DIVORCE UNDER 3301(c) OF THE DIVORCE CODE AND NOW comes Lori A. Wert by and through Frey and Tiley, attorneys for Plaintiff, and makes the following statement: 1. Plaintiff is Lori A. Wert, who currently resides at 73 Regency South, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Jeffrey L. Wert, who currently resides at R. D. l,Box 294, Milroy, Mifflin County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 19, 1990 in Milroy, Pennsylvania. S. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 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 counseling. WHEREFORE, Plaintiff requests your Honorable Court to enter a Dccreein Divorce, Divorcing Plaintiff and Defendant. 'r' COUNT II . DIVORCE UNDER 3301(d) OF THE DIVORCE CODE 8. The allegations in Paragraphs 1 through 7 are incorporated herein by reference and are made a part hereof. 9. Plaintiff and Defendant are now living separate and apart and, at the appropriate time, Plaintiff will submit an affidavit alleging thatthe parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decreein Divorce, divorcing Plaintiff and Defendant. By: Ro rt G. Frey, Esquire Supreme Court Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 I verify that the statements made in this complaint 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. Dated: March 4, 1994 ;Jj{)~j (J I J ) 0 k-l- LOri 'A. Wert . , " MAR 29 t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA INRE: SAMANTHA A. WERT CIVIL ACTION AT LAW CUSTODY lIftS ~ 1',-/ ORDER AND NOW thi30dny ~4' upon consideration of the within Petition for Consent Custody Order filed by the natural parents of the child, it is ORDERED that the Custody Agreement executed by the parties February 18,1994 and attached hereto be entered as an Order of Court. " "I' ~ I {; - j HAft 30 10 36 ~M '9~ " .'vdlCE OF 11<i ,'I,;,It<OHn4kY CU"ol"L\tIO COUHTY PEhli,hV~HI& " ...~... f- . " " .'1( . i" w '" "i.' -, l , .. ;", ! ~ 1<; .- " "- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PF..NNSYLV ANIA INRE: SAMANTHA A. WERT CIVIL ACTION AT LAW CUSTODY 1/ 95 "-6 fy PETITION FOR ENTRY OF CONSENT CUSTODY ORDER AND NOW comes Jeffi"ey L. Wert ,fathcr of the above named child, by and through his attorney, Donis Hirakis Zagurskie and respectfullly requests the court to enter as a Consent Custody Order, the Custody Agreement executed by the natural parents of Samantha A. Wert on FcbruaJy 18, 1994 and attached hereto. The parties agreed in paragraph 12. ". . thai this Agreement shall be submitted for incorporation into an Order of Court.." Respectfully Submitted by: l~rf)l'O 7-/tI Lt t,,~TII'~ Donis Hirakis Zagurski U P.O. Box 399 Mifflin, PA 17058 Attorney ID 1/ 65682 , , "': .. . ., CUSTODY AGREEMENT ENTERED INTO this I '/ day of r;0}1 , 1994 BETWEEN, Jeffrey L. Wert, of R.D. I, Box 294, Milroy, Pennsylvania 17063, hereinafter referred to as "Father", AND Lori A. Wert, of 73 Regency South, Carlisle, Pennsylvania, hereinafter referred to as "Mother", WHEREAS, Father and Mother are thc parents of Samantha A. Wert, born May 11, 1991, a minor; WHEREAS, Father and Mothcr no longer live together; WHEREAS, Father and Mother acknowledge that the child is now living with Mother; WHEREAS, Father and Mother believe that the best interest of thc child at the present time that she live with Mother; WHEREAS, Father and Mother believe that it is in the best interests of their child to reach an agreement as to the rclalive custody, partial custody, and visitation of their child; WHEREAS, Father and Mother desire to have said agreement entered as an Order of Court having jurisdiction over NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, the parties agree as follows: 1. Mother and Father shall have joinllegal custody of Samantha A. Wert. 2. Mother shall have primary physical custody of Samantha A. Wert. 3. Father shall have partial custody evet}' other weekend from 6:00 P.M. Friday Evening until 6:00 P.M. Sunday. . " "'-. . 4, Father agreca 10 be responsible for lransportation of their child 10 and from his place of residence for his period of partial custody. S. Father and Mother shall havc allemale holidays with Samantha A. Wert as fellows: Father will pick up Samantha Wer! on alternativc holidays al 6:00 P.M. the evening before the holiday and return her to her Mother at 6:00 P.M. the day of the holiday. Father's firsl Holiday will be Easlcr of 1994. Easter Mother's Day: With Mother Father's Day : With Fathcr Samantha's Birthday Labor Day Thanksgiving Day Christmas New Years Day 6. Father shall have two (2) weeks cach year of partial cuslody subject to reasonable notification 10 Mother of the time for such partial CUSlody. These weeks may be spent at the same time or divided into two one week periods. Onc month's notice will be deemed a reasonable notice period by this agn:c:rnent. 7. Fathcr shall havc other reasonablc periods of partial or lemporary custody with Samantha A. Wert, as mutually agreed upon by thc parties from timc to timc. 8. A. Wert. Mother and Father agrec that they will work 10 thc best inlerest of Samantha 9. Mother and Father agree thaI they will each noti1Y the other immediately in cases of medical emergencies thaI occur while Samantha A. Wert is in the custody of her or him. 10. Any modification or waiver of any of Ihc provisions of this Agrccmenl shall be effectivc only if madc in writing cxeculed with thc samc formalily as this Agreement. 11. Ncither parenl shall do anything which may cstrangc Samantha A. Wert from the olher parent or injure Ihe opinion of Samantha A. Wert as to thc other parent, or which may hamper the frec and nalurnl developmcnt of Samantha A. Wert's love or affection for the other parent. '. . . ". . 12. It is undmtood by Mother and Father that this Agrecment shall be submitted for incorporation into an Order of Court and may be modified by thc Court of Common Pleas of Cumberland County or any other Court having proper jurisdiction based on thc laws in effect in the jurisdiction. INTENDING 10 be legally bound, witness our hand and seal the day and year first above wrillen. ~$- ~47~~f~~~ ~e'la,"~ oL W-\ (Seal) J6 L. Wert .flf;lU' 0 ,/ ( ~tl:hseal) Lori A. Wert , ~, '. . . . COMMONWEALTH OF PENNSYLVANIA: :55. COUNTY OF JUNIATA: On this, the ~ day of Ca.hLlII'< t 1994, before me, a Notary Public, personally appeared JEFFREY L. WERT, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NolatIaISoaI AobecC8 S.1lcIr9lr. N*Y P\.UC MIlIln 1lortl.,U'iala ea:nv Myc..",......,e.prosRlb. 11, 1997 All.ttUc" ~,~ - NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA: :ss. COUNTY OF On this, the / Y day of E-elWtlA,ey 1994, before me, a Notary , Public, personally appeared LORI A. WERT, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. r' . ~ .~~~~<-- NOTARY PUBLIC fttl11.liS.,,")! OoosA rlo~,()'l N1tlT'f Pt.dc ~, f'f4.l.CtI'':'-'i',.rdCcu~ My COl~l'lSf.ol F:'l.l'~" 1+00 6 1cy:j7 ltD. "'<fn:;'-';;-..AJ:-;;1;l\p', 'f..Il,."". @ r ~ I III o :r \JO (J 00 1\~ 5~ ~ ,'~'< : l~." ,,\. .6:::.?:':", ~ -;j'-" ,"-' :.:,;,:::.-..' '";, :;; ;;~:~;~...". . ." ....-;. " ,'" , - . , MAR '29 fs94 DONIS HIRAKIS ZAGURSKIE, ESQ. 401 JUNIATA STREET, P,O. BOX 399 MIFFLIN, PA 17058 (717) 436-5888 AllN: Cumberland County ProthonotnJ')' Cumberland County Courthowe 1 Courthowe Square Carlisle, PA 17013 3.1.94 Dear Prothonotary: Enclosed in a Petition for Consent Cwtody Order and Proposed Order. Please file and return a file stamped eopy in the preposted envelope enelosed. I thank you for your attention to this matter. YOUIll Truly, J}VlW) ~~ 3'(11'~ Donis Hirakis Zagulllkie '. " '. Lori A, Wert, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 1195 CIVIL 1994 IN DIVORCE v. Jeffrey L. Wert, Defendant AFFIDAVIT OF CONSENT AND WAIVER OF MARRIAGE COUNSELING 1. A Complaint in divorce under Section 330l(c) of the Divorce Code was filed on March 10. 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights conceming alimony, division of property, lawyer's fees, or expenses if i do not claim them before a divorce is granted. 5. 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. 6. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 7. Being so advised, 1 do not request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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, JiTf.,11/'ur J~. y L, Wert ~SeOI Jotr1M.Mid',~~ t.tt~e:=Oi.":it 19'17 '. '. '., -::r ~ >- c:7"I' ~t' = -. ::0.._ - ", 0' N - ~ - - -' = -., v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 1195 CIVIL 1994 IN DIVORCE Lori A, Wert. Plaintiff Jeffrey L, Wert, Defendant AFFIDAVIT OF CONSENT AND WAIVER OF MARRIAGE COUNSELING 1. A Complaint in divorce under Section 330l(c) of the Divorce Code was filed on March 10,1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 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. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and 1 participate in counseling. 6. 1 understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 7. Being so advised. I do not request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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: July 11, 1994 ~r:JLc rL1J ) OJ1f, Lori A, Wert " -= ..... =' c- o N -::r -r ~~ ~~ ~-. .;." .... "" -, .,. ~ ~-J Robert G. Frey Attorney for Plaintiff 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 .Iot v. IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY,PENNSYLVANIA CIVIL ACI10N . LAW No. 1195 CIVIL 1994 IN DIVORCE Lori A. Wert, Plaintiff Jeffrey L, Wert, Defendant AFFIDAVIT OF SERVICE AND NOW, this Mny24, 1994, I, RobertG. Frey, Attorney for Lorin A. Wert, Plaintiff in the above-captioned matter, hereby swear that I have served a true copy of the Complaint in Divorce, with Notice to Defend, in the above-captioned matter upon Jeffrey L. Wert, R.D. 1, Box 294, Milroy, Pennsylvania 17063, by depositing sarne in the United States Mail, postage prepaid, certified mail addressee only, return receipt requested. A copy of the return receipt card indicating service was made on March 13, 1994, is marked Exhibit "A" attached hereto, and made a part of hereof. Sworn and subscribed to before me this "'y24, 1994 if~ 14, NOTARIAL Sl:Al KRISTA KING. NOTARY PlJ811C CARLISLE, CUMBERlAND COUNTY, PA MY COIlMISSIl1N EXMRES JUNE 27, 1994 ,'. '"" ,.. ./II. R:, , 'I'.' CompIttlJtema, 1.1nd/o, 2 '0' Iddltionll IIrvtcel.. ' . - f _eo Complete It.,.,. 3. Ind 4, 6 b. " " , ,_ ........'Print your.' nt. mo'.. W.. 1dd"'1 0.". the "ver.. o. ' IN '.'0"".. '0 that ~WI cln _IN, cotd to you. . ,:,e.' A~;thlafom,Jo the front 0' tt. mellplece, 0' on the back Illpace ".1 '~~4R~~R-u.r''';'honiiaPlocibilo~thoirtid.'';''b<t :.':rMR....,R~ wIII.how to whom the Il1idI WlI dtlfytf'ld end the date g;'ditfveredr"., -,it'":. .,~" "- " .., I.. 3.. Artf~l~ ,~~~~".d 10: ; ,,' """"'.""'.'L'WERT fi.')~;ox~ ~~MILROYn>A, 17063 ....-, ~.;,~, .~.. ;i~:~'~;r~-,' , I ,.110 wl.h 10 ,.c.',. Ih~ . : 'allowing ..rvlc.. /la, .n .xl,. 111 '..1: ~I 1. 0 Add'....... Add,... eX I i2:;'O~~lri;".d o.il..ry II ContUlt' ciaunalter for fee. ill I D:: 4.. Anlcl. Numbe, p SOO 101 760 4b, S...,.. Typ. o R.gl.,.,ad . 0 In.u,.d ..: o C.nlflad D,coo .Ii o Exp,... M.II D,R8\Um Rec.lpl 'A' !: . . IS 7. 0.,. 01 O.lIvery, . ...,." U/; I J- J-4' Nt ! 8. Add'.....'. Add,... 10nly " ,eqU..,.d ... : .nd I..l..~,!dl. ' I: ~i ..I D:, re~.e I ~ nil ~ 1'1'.Bi!lf'O: ',~ ... '02 DOMESTIC RETURN RECEIPT r- y. ~'L,'r (' t'I II ,':~'> ~~..' -:r ~ >l~ >- = o- r::> ,~ -~ ~ -. ~., -, I'