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HomeMy WebLinkAbout94-05479 '\ jo 3 . ;; " J J 0- C" :t- V) I ::r- 0-/ :. :~ :~ ~ :~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~( ~ ~ ~ ~. :~ " :~i ~ ' ~:. ~\ ~ :~ .' ~:i :':1 , i .1 ,./ :!. :~ ~ ~ ~' ~ ~ ~ ~ y .~ :+: -:.::+: :+: .:.:. -:.:,+;' .+;- .:.: .:.~: :+' :.: :.: ;+> .;.:. <+; <+;. <+;. .:.;. '~4 .', M ).., i~ :.: :.::.: :.: .;+:,.. ... .: . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF I'~' !i)t;' ',:",~' ,~, ..... ,'. ".;t ',''''''' J I".i....; "1\" , ...." ~'. -'".r, . ....\. ,::::;~;-..: :' PENNA, , , ::~ .. .~ )~ )'.- ~ ~ '.' ~ .. ~ .. ~ ~ ,~ I':' .. ~ ~ * ~ '.. ~ ~ ... \~ }.:, \~ ~ ~ ~ !~ ~ ~ I'.' j", !~ i, i~ ~ ~ ~ .~ , . J. ~ ~ :~ DOUGLAS A. WEIGLE :\ll, 94 - 5479..Civil Term ~ ~ :~ ~~,~~~~::~.~::.::~.~..:.:.~..:.:-~:-~:.:~.~:.~._~~'..:.::~.~,.~..~..~:..~:..~..~. ~ Plaintiff \'l'l"ll : KATHERINE A. WEIGLE, Defendant AND NOW, ,," DECREE IN DIVORCE fv4 ,.n, 19, rJ' '. it is ordered and decreed that and DOUGLAS A. WEIGLE , , . ' , , . . ", plaintiff, , , , . , , , . " defendant, KA,THERINE A,', ,WEIGLE are divorced Irom the bonds 01 matrimony. The court retains jurisdiction 01 the lollowing claims whic:h have been raised 01 record in this action lor which 0 linal order has not yet been entered; NONE ..".,..,..".",. , . ,."'...,....",.'",,,.... Prolhol1olary DOVGL\S A, WEIGLE. IN TilE COURT OF COMMON I'I.EAS Plaintiff (,\!~II":KLANII ('OIINn', I'ENNS\'I.\'ANIA KATHERINE A. WEI(;U:, Defendant NO. 94 - 547') CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECOIUl To the Prothonotary: Please transmit the record, together with the following information to the Court for entry of a divorce decree: I, Ground for divorce: Irretrievable breakdown under ~3301(c) of the Divorce Code, 2. Date and manner of service of the Complaint: September 29, 1994, Certilicd Mail (Restricted Delivery) - Return Receipt Requested. 3. Date of execution of the anid.lvit of consent required by ~3301(c) of the Divorce Code: by plaintilTon May 27, 191)8; by defendant on May 19, 1998, 4. Related claims pending: NONE 5, Date ofplaintifl's Wuiver of Notice in 93301(c) Divorce was tiled with the Prothonotary: June I, 1998; Date of defendant's Waiver of Notice in *3301 (c) Divorce was filed with the Prothonotary: May 20, 1998. 5. No children were born of this marriage. 6, Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff demands judgment: a, Dissolving the marriage between the two parties; b. Equitably distributing all property, both personal and real, owned by the parties; and c, for such further relief as your Honorable Court may deem equitable andjusl. Respectfully submiued, Irwin, McKnight & Hughes ('" By: Rebecca R. Hughes, squint' 60 West Pomfret Street / Carlisle, P A 17013 (717) 249-2353 Attorney for Plaintiff Supreme Court 1.0. No. 67212 Date: September 23. 1994 VERI FICA TION The foregoing Complaint is based upon information which has been gathered by my counsel and myself in the preparation of this action. The language of the Complaint may in part be the language of my counsel and not my own, I have read the statements made in this Complaint and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge. information and belief. To the extent that the contents of the statements are that of counsel, I have relied upon counsel in making this verification, I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ~Q, ~tdr- D GLAS A. WEIG Date: September,dc,... t 1994 \.! . ~....I 1Il~~111 !a~ II. ii" ~ ' ~ i ~~.' ,j ~ i i.~ ~a ) ~ 1& ~ , I ~ ..' ,~ ) J , , .; ~ \. :> ~ :0: (l\A :c( -I=: ",;1- t~O i~~z : Z,-\ 0 '!- ,t i~:\'jo . "\I;;~ I- 'c. :z . . ' :3. . ) J i ? ':l ;>\ . ~ ~-- , . A'> V, () ~ \ ~Yl k....... "'--- .... "". ......;,... , . \\~ '" ~ ~ '" . ...~ ..... " t ~ ,'.. .... \'l en (5 to- 'I) .)0 '" '" "l) ....... , (~ ...~ Os . b~B I~~~~ U'i 0 t:O ,..;...tle< o .~. r;l i '~..'I f!i u.~~;;!. ea '.., ~ft .... .... .... .. ;l . 01 lalM G"" .... ~ .< ... ;0 ~ ,., ~~ p..... !!l8lol S....Cl ""....8 ...'" gtl... ~OlU o = ~,.,o ....u~ Cl......... ....Cl ;00 ~~~ ~z jO~ ""0 !-< ~f;l 000 U o !-< . , .... tl 01 '" . tl lol .. G~ ....Cl w ~ ..: . > 3 .., ::> o Cl ". ,;' .",- " . '" Il LAW OFfICI<S (/ // C~/' p & ',';;C) ? t__4~'''~ . _,If,. , ,/; "~?h/: (A~~?;{e.J ;J" ~ l'o :l- l' .. ..) - ~J , " , '. ~ ". .... -" . ' ~_\l . . ' J, v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVNAIA NO. 94-5479 CIVIL TERM DOUGLAS A. WEIGLE, Plaintiff KATHERINE A. WEIGLE, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1, A complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 26, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the filing of the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counselling and understand that I may request that the court require that my spouse and I participate in counselling 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. )' /; If' f I -". /," :/ 17;"7/yu, ;, /('. //./.>.oi'! .' Katherine A. Wei~Ve Date: May 20, 1998 DOUGLAS A. WEIGLE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN LA v. CI'JIL AC'rION - LAW NO. 94-5479 CIVIL TERM KATHERINE A. WEIGLE, Defendant IN DIVO~~CE RE: Plaintiff's Motion to Amend Complaint in Divorce ORDER OF COUR'[' AND NOW, this day of 199_, Plaintiff's Motion to Amend Divorce Complaint is hereby granted. , J. ir. N .... j:; ..: !:- tLlr.' 8 ::i_ ();.- ();:.~ P" ) I:..) ~.. -.!4" ..~ ;;: 'r' ()~~ 9n c"" ~~ ~5~~ Lij. . I , ::-ll C' ~](iJ ,-, t. , ". L.-' ,L.:- I\. !n :-:5 0 (ll U DOUGLAS A. WEIGLE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN LA v. CIVIL ACTION - LAW NO. 94-5479 CIVIL TERM KATHERINE A. WEIGLE, Defendant IN DIVORCE MOTION 'fO AMEND AND NOW, this (' day of Cd '1I"JlL,(,...<-- 199~, comes the Plaintiff, Douglas A. Weigle, by and through his attorney, Daniel J. Sodus, Esquire, and moves this Court to amend the Complaint in Divorce and in support thereof respect full y represents the following: 1. On or about September 26, 1994, Plaintiff by and through his attorney, Rebecca Hughes, Esquire of Irwin, McKnight & Hughes, filed a Complaint in Divorce pursuant to Section 3301 (cl and 3301 (al (vi l of the Divorce Code (hereinafter referred to as the "Complaint" l . 2. At the time the Complaint was filed, Plaintiff had already lived separate and apart from Defendant for a period in excess of two years. 3, The Complaint did not aver 3301(dl of the Divorce Code as grounds for the divorce. 4. Plaintiff desires to obtain a divorce pursuant to Section 3301 (dl of the Divorce Code. See Amended Complaint attached heI'eto as Exhibit "A" and incorporated herein by reference. WHEREFORE, Plaintiff prays this Honorable Court to grant his Motion to Amend the Complaint and to issue a Rule to Show Cause on the Defendant Katherine A. Weigle why Plaintiff's request should not be granted. Respectfully submitted, SODUS & VERNEY ..-~~~-.. ,/' '\ /' ~U(l'lt,~, ", Daniel J, So 1.0. No. 631 4 7 Irvine Row Carlisle, PA 17013 717/243-9190 Attorney for Plaintiff ,,"I . , r;:~~-' Esquire DOUGLAS A. WEIGLE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUN'ry, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 94-5479 CIVIL TERM KATHERINE A. WEIGLE, Defendant 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 followillg pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree in divorce or annulment may 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 indigni ties 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 the First Floor, Cumberland County Courthouse, South Hanover street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 (717) 240-6200 II . - DOUGLAS A. WEIGLE, Plaintiff IN THE COURT O~ COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 94-5479 CIVIL TERM KATHERINE A. WEIGLE, Defendant IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301(A)(IV). 3301(C) AND 3301(D) O~ THE DIVORCE C00E 1. Plaintiff is Douglas A. Weigle, an adult individual, currently residing at 140 Airport Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Katherine A. Weigle, an adult individual, currently residing atl1 00 Bellaire Park Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on February 4, 1982, in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies, 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling, Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counse li ng . 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff I s Affidavit has been attached as Exhibit "A". 11. Plaintiff desires a divorce based upon the belief that Defendant will after ninety days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce. Respectfully submitted, SODUS & VERNEY Q,~ Daniel J. 7 Irvine R Carlisle, PA 17013 717/243-9190 Attorney for Plaintiff ~ VERIFICATION I verify that the statements made in the foregoing divorce complaint are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. II - .).l? -Cj c;- Oate ~ 9..04.. ItJ iI1.. 9- Client 0- (f " '. CF:H'I' [f'IC~^'I'I': OF SF:IN I CI-: I hereby certify that I served a true and correct copy of the Plaintiff's Motion to Amend Complaint upon Defendant by certified .I ~;-, day mail., / of .. return receipt requested, postage prepaid on the /"t/ \ , 1995, addressed as follows: {" { " Katherine A. Weigle 1100 Bellaire Park Road Carlisle, Pa 17013 Respectfully submitted, rm-~ VERNEY. , 8,/1 )7,'/:(' 2/. ~ '" Daniel J. So 5, Esquire 1.0. No. 631'14 37 South Hanover Street Carlisle, PA 17013 717/243-9190 Attorney for Defendant 1 '" ')c --'-.... " ''< ;.( " , v ) " ~;! .' \, " "'" ~ >- (:"\ , (" \, , (.: . '.1 I ~ '! I ), i " , '" , (j'; , '- r:'! I, L: 1 1 r, , j' - , . ", :..,-, , U .. l~.. SODUS & VERNEY .-\llpmC)\'.lf.LJ"": P (J n,l, l111) l ~r1I'k. 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