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Home My WebLink About94-01489 / r--------------------~~-~----~ . ~ IN THE COURT OF COMMON PLEAS · ~ . ~ OF CUMBERLAND COUNTY ~ g .. j STATE OF *":\..' .' PENNSYLVANIA I ~ ~ 8 ., ~ @ ~ ~ " .....................rOHH1f...L.....IiBI.DN.BR-........................ ~ ~ ................................................................................. N Il. ......~~.:~.~.~.~ ...!:.!..~!.~. 19 ~ .. Verslls ~ ~ ....................D;Cl\/f.lLT.....ffB:rPH.B.R........................ . . . ; ........... ............................................ ~ ~ DECREE IN ~ ~ DIVORCE . . j I AND NOW, .... ..:rV1-,Y; .....1 q . .. ... ...., 19..9.4... it Is ordered and ~ ~ decreed that ..... ;r.~,!'.'~..~: . !".~~~!i.~~ .... .............. ......, plaintiff, ~ I :~ ~I~:::::~ :::.:::~~ ~ ~~;;;~~~;." . .. . . .. .. . . . '" delendant. I . ~ ~ The court retains jurisdiction of the following claims which have ~ 8 been raised of record in this action for which a final order has not yet ~; ~ been entered; ~ ~ ...... ....A.... ..................... .............. ...... ..... .......... ! ~ ............0.........0.0.... .....0...........0... .... ...... ., X , ~!... ~ ~ By The Court:/).' ~ ; .,;;;;4:U-1:60. ;.......j: ! ..... ~""... .~'P;;'b;;;;;;;. ! ~_._ _ .___.__ _____ _ _XlICC___*._ _._<<~ >, -'.~'!. -.." .-,<",.A - 77Mlj /.'(a..fJ, /~~~~/ TOMMY L. WEIDNER . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-1489 CIVIL 1994 IN DIVORCE v. . . . . . . . . . . .. DIANE L. WEIDllER PRAECIPE TO TRANSKIT RECORD To The Prothonotary: Transmit the record, together with the following informationr to the court for entry of a divorce decree: 1. Ground for divorce: Section (3301(c)) (3301(d) (1) out inapplicable section.) 2. Date and manner of service of the complaint: Acceptance of Service March 30, 1994 at 10 West "lah st .' Carlisle, PA 3. (Complete either paragraph (a) or (b).) irretrievable breakdown under of the Divorce Code. (Strike (a) Date of execution of the affidavit of consent required by section 201(c) of the Divorce Code: by plaintiff '\ /JI...'! (. I~i'," ; by defendant "'\ v~,'I C ,(;~; c./ . (b) (1) Date of execution of the plaintiff's affidavit required by Section 33Dl(d) of the Divorce Code: ; (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: . . ~~jt-u_ ti(2//1,~~ ances H. De Ducar Esquire -::r' 0"> " ~ ,L~ )- :\':: < .-r n , 0 .- ,.., . '. r-- -' .- .... " ,. ~ ,~. .c. ;. ". .. TOMMY L. WEIDNER . . IN THE COURT OF COMMON PLEAS OF . . . . CUMBERLAND COUNTY, PENNSYLVANIA . . v. . . NO. CIVIL 1994 . . . . . . DIANE L. WEIDNER . . IN DIVORCE . . TtrM q4- fl/8q (, VI' I 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 pagesr you must take prompt action. You are warned that if you tail to do so, the case may proceed without you and a decree ot divorce or annulment may be entered against you tor 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 ot your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriager you may request marriage counseling. A list of marriage counselors is available in the Office of the prothonotary at the CUMBERLAND COUNTY COURTHOUSE. CARLISLE. PENNSYLVANIA. 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. COURT ADMINISTRATOR Cumberland County Courthouse Fourth Floor CarliSle, Pennsylvania, 17013 Telephone: 717-240-6200 .... ~~r_1/111.d<,,~- Frances H. DelDuca e 10 West High st. CarliSle, PA 17013 '. TOMMY L. WEIDNER :: IN THE COURT OF COMMON PLEAS OF :: CUMBERLAND COUNTY, PENNSYLVANIA :: NO. CIVIL 1994 v. . . . . DIANE L. WEIDNER . . . . IN DIVORCE COMPLAINT UNDRR SRCTION 3301(01 OP THR DIVOROB CODB 1. Plaintiff is Tommy L. Weidner who resides at 329 Zion Road, Mt. Holly Springsr Cumberland County, Pennsylvania. 2. Defendant is Diane L. Weidner, who resides at 331 West Ridge Street, Carlisle, Cumberland 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. The plaintiff and defendant were married March 22, 1985, in Mt. Holly Springs, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff avers that the grounds on which the action is based is that the marriage is irretrievably broken. WHEREFORE, plaintiff requests the Court to enter a decree in divorce. Date: ':J .' w: ./J L:i . .--d4-(..~ tJ><,i. ~ A~,<- rances H. DelDuca Attorney for Plaintiff ., 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 lD Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. Dated: 8/~b19~ - ~ J {/Yln1n.1 ~ U }LJA -t(A , Tommy L. Weidner . ~w ....... t , :( ~ .. .c \f) ~ ~ en ~P" ...... ;) ...70 &a.I c.'" =>:! ~ u '7. C. r l.c)' ;;.ciu d lJ) \A.. ']:; 0' (~_,.;..C-- ~ ; -- 4!'" .Ioll . ._:r r. 'aJL:!~ --1f :I:'i~ "'", 0" ~ ~ ~ :C TOMMY L. WEIDNER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-1489 CIVIL 1994 IN DIVORCE . . . . v. . . . . . . . . DIANE L. WEIDNER . . . . . . . . ACCEPTANCE OF SERVICE AND NOWr this .:f3()tl. day of '772u~/c r 1994, I hereby acknowledge service of Complaint in Divorce to the above term and number and Notice to Defend filed by the plaintiff on March 25, 1994 at the office of plaintiff's attorney, Frances H. Del Duca, EsqUire, Ten West High Street, Carlisler CUmberland County, Pennsylvaniar 17013. 1:1.,) r:)_u "\.{ \...U.-t l (oIUY-- SUBSCRIBED and sworn to before ;ne this ...ff!IP day of,//7f11. , 1994. .J,k~1fl'.f'J-. !?(}f;, -"v-?YPt) 'i1o't:ry Puqiic (/ NOTARIAL SEAl Sl\IIUY P. CLMllGER, NOTARY PUBliC CAR\.lSLE 1lONI, CUIIBEIIl>>IO COUNTY IoIY COlllllSSION EXPIRES MARCH 5, 1900 ~ ::z: c.... "" 3 N ~... ....... W.....:'. U(...'O-1 _Zr_.z u..ou... ~"!o:.. . . --.-1 ',':1':t' 1'" ~j -.. u.. :.z: . '.Jl.ol,Z _,;)1., :.I,u. ,,'" ciC C:) ....., Q: ~ '. v. .. . . . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-1489 CIVIL 1994 IN DIVORCE TOMMY L. WEIDNER . . . . DIANE L. WEIDNER . . . . AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed March 25r 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 have been advised of the availability of marriage counselingr that I may request that the Court require that my spouse and I participate in counseling, and that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I decline to request that the Court require that my spouse and I participate in counseling. 5. I understand that I may lose rights concerning alimony, division of propertYr lawyer's fees or expenses if I do not claim them before a divorce is granted. 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. Sec. 4904 relating to unsworn falsification to authorities. Dated: ,;/t'1, Co r('(1,-/ 011',~1 Lu..Q,Ot&( r-- , t~j .- -:r' en ~ <:> .... >-.- .r.~ ..! ~~ :~. .., ':::;..l' "'.~::.. ~ = -, u ~, TOMMY L. WEIDNER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-1489 CIVIL 1994 IN DIVORCE v. . . . . . . . . . . . . . . . . . . . . DIANE L. WEIDNER AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 33D1(c) of the Divorce Code was filed March 25r 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 have been advised of the availability of marriage counseling, that I may request that the Court require that my spouse and I participate in counseling, and that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I decline to request that the Court require that my spouse and I participate in counseling. 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. 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. Sec. 4904 relating to unsworn falsification to authorities. Dated: ~)tJi t' '''I'M ~' \ '::>0" }. ~\ (> ( ----- . . ".,- )\yn", I I c.:.. " ' r. . )...,,, I ( ',1,':- ,::,.. ~'"; ~ ..~ ..1. ~.:; '-~, , vs. :: IN THE COURT OF COMMON PLEAS OF :: CUMBERLAND COUNTY, PENNSYLVANIA :: NO. CIVIL 1994 TOMMY L. WEIDNER . . . . DIANE L. WEIDNER : : IN CUSTODY qL/ - 1'-/5'9 C 'v, I T~ rm COMPLAINT IN CUSTODY 1. The Plaintiff is Tommy L. Weidner, who resides at 329 Zion Roadr Mt. Holly springs, Cumberland County, Pennsylvania. 2. Defendant is Diane L. Weidner, who resides at 331 West Ridge Street, Carlisle, Cumberland County, pennsylvania. 3. Plaintiff seeks shared legal and physical custody of the following children: Mandy L. Weidner, born April 7r 1986, in Carlisle Morgan Nicole Weidner, born August 16, 1989, in Carlisle The parties presently share custody of the children. The children attend school in South Middleton. During the past five yearsr the children have resided with Plaintiff and Defendant at 329 Zion Roadr in Mt. Holly Springsr until the parties separated on May 1, 1993. The mother of the children is Diane L. Weidner. The father of the children is Tommy L. Weidner. The parties separated May 1, 1993. d~J~ J/ dtd~e,~ /Frances H. Del Duca Attorney for Plaintiff or , 4. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 5. The best interests and permanent welfare of the children will be served by granting the relief requested because the children need a stabler securer loving relationship with both parents. 6. Each parent whhose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant shared legal and physical custody of the children. .- .. 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 10 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. Dated: 3/;JeYCl<'-/ \0......"'" ,.VJ-{ ~ \A. ~\t.U Tommy L. Weidner ~- ",". . " .... - , TOMMY L. WEIDNER . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL C . 1994 CN - Nf? ,'VI I Tf'rm IN CUSTODY . . . . v. . . . . . . . . . . . . DIANE L. WEIDNER ORDER AND NOW, this 2. .:zs tt. day of ~ 1994, upon agreement of the parties, it is hereby ordered that the parties have joint legal custody of the children, Mandy L. Weidner, born April 7r 1986, and Morgan Nicole Weidnerr born August 16, 1989, with shared physical custody in both parties. Said children shall continue attending school in the South Middleton school District. Custody arrangement to be flexible as parties may agree as father works shift schedules. BY THE COURT, /' / , ..,9 ii~.H . liJ 511 ,In '9~ , ~ I C ~ ,h;~'.Tth' !);:~ ;. D fe':. '1 i Y if :,,15' . ~!1'!. - -. , 1.1 ~,,___,."';';;r..; . . ~ I r I I v TOMMY L. WEIDNER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL 1994 IN CUSTODY v. . . . . . . . . . . . . . . . . DIANE L. WEIDNER . . . . STIPULATION 1. Tommy L. Weidner is the natural father of Mandy L. Weidner and Morgan Nicole Weidner. 2. Diane L. Weidner is the natural mother of Mandy L. Weidner born April 7, 1986 and Morgan Nicole Weidner born August 16, 1989. 3. The parties agree that they shall have joint legal custody of the children. 4. The parties agree that they shall have shared physical custody of the children. 5. The parties agree that the children shall continue to attend school in the South Middleton School District. 6. The father works shift schedules so that the custody arrangement is to be flexible and as the parties may agree. \ ~Y'ol"~ ~.Jijlr-,. Tommy L. Widner n \ (\1'-'- l \..."-t\ ONlI Diane L. Weidner