HomeMy WebLinkAbout07-6128KELLIE L. DIODATO,
Plaintiff
V.
ROBERT M. DIODATO,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 60y CIVIL TERM
CIVIL ACTION-LAW
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 at the Cumberland County Court House,
Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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. 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
KELLIE L. DIODATO,
Plaintiff
V.
ROBERT M. DIODATO,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - f a? CIVIL TERM
CIVIL ACTION-LAW
DIVORCE COMPLAINT
1. Plaintiff is Kellie L. Diodato, an adult individual who currently resides at
912 Burr Avenue, Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant is Robert M. Diodato, an adult individual who currently resides
at 205 Yellow Breeches Road, Carlisle, Cumberland County, Pennsylvania 17013.
3. Plaintiff and Defendant have been bona fide residents in the
Commonwealth of Pennsylvania for at least six months immediately previous to the
filing of this Complaint.
4. The Plaintiff and Defendant were married on May 21, 1994 in Cumberland
County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the
parties.
6. The marriage is irretrievably broken.
7. The Plaintiff has been advised of the availability of counseling and that
she may have the right to request that the court require the parties to participate in
Counseling.
WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in
favor of the Plaintiff and against the Defendant.
COUNT II -EQUITABLE DISTRIBUTION
Ii 8. Plaintiff hereby incorporates by reference paragraphs 1 through 7 above.
l
Ii 9. The parties have acquired real estate, personal property, including
ii
automobiles, bank accounts and other items of miscellaneous property during the
course of their marriage, some of which is marital property.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a
decree which effects an equitable distribution of marital property.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
Date: 10 (1.:)1
Michael A. Scherer, Esquire
I. D.# 61974
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Plaintiff
•
VERIFICATION
I verify that the statements made in this Divorce Complaint are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa.
C.S.A. § 4904, relating to unsworn falsification to authorities.
Date: 0 d, Ind, 2007
Kellie L. Diodato
64
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KELLIE L. DIODATO,
Plaintiff
V.
ROBERT M. DIODATO,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 6128 CIVIL TERM
CIVIL ACTION-LAW
PRAECIPE TO REINSTATE
TO THE PROTHONOTARY:
Please reinstate the Complaint filed in the above-captioned matter on October
18, 2007.
Respectfully Submitted,
O'BRIEN, BARIC & SCHERER
g k4' ?? L'^ -
Michael A. Scherer, Esquire
I.D. # 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
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SHERIFF'S RETURN - REGULAR
CASE NO: 2007-06128 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DIODATO KELLIE L
VS
DIODATO ROBERT M
NOAH CLINE
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - DIVORCE was served upon
DIODATO ROBERT M
the
DEFENDANT , at 1420:00 HOURS, on the 20th day of February-, 2008
at 3 KEYSTONE DRIVE
MECHANICSBURG, PA 17050
ROBERT M DIODATO
by handing to
a true and attested copy of COMPLAINT - DIVORCE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 8.64
Postage .58
Surcharge 10.00
A
x'10 P
/
?
00
o 3
Sworn and Subscibed to
before me this day
So Answers:
,700,0
R. Thomas Kline
02/21/2008
OBRIEN BARIC SCHERER
By:
Deputy Sheriff
0 f A. D.
s?
KELLIE L. DIODATO,
Plaintiff
V.
ROBERT M. DIODATO,
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: NO. 2007-6128 CIVIL TERM
IN DIVORCE
PRAECIPE
Please enter my appearance on behalf of ROBERT M. DIODATO, Defendant in the
above captioned matter.
SAIDIS, FLOWER & LINDSAY
Carol J. Lindsey, quire
Supreme Co rt ID o. 44693
26 West High reet
Carlisle, PA 17013
717-243-6222
SAIDIS,
FLONVER &
LINDSAY
nrrowvetsnruw
26 West High Street
Carlisle, PA
Dated:
?J
C:
CERTIFICATE OF SERVICE
On this J-- day of December, 2008, I, Carol J. Lindsay, Esquire, of the law firm of
SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document
was served on the following individuals, via first class mail, postage prepaid, addressed as
follows:
Michael A. Scherer, Esquire
O'Brien, Baric & Scherer
19 West South Street
Carlisle, PA 17013
SAIDIS, FLOWER & LINDSAY
Carol J.`Lindsa , s uire
Supreme Court I o. 44693
26 West High S et
Carlisle, PA 17013
717-243-6222
SAIDIS,
FLOWER &
LINDSAY
nt'toerffts•?•uw
26 West High Street
Carlisle, PA
f77
.
14:43 7172436510 SAIDIS FLOWER R LIND PAGE 01/01
KELLIE L. DIODATO, ?!-? T; ,, 4URT OF COMMN PLEAS
Plaintiff CUJ RLAND COUNTY, ,ENNSYLVANIA
7009 APR -
v_ :
No 7-6128 CIVIL TER(
ROBERT M. DIODATO,'=>
Defendant DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under § 3301(c) of the Divorce IC,ode was filed on
October 18, 2007.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree in 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 to the best of
my knowledge, information and belief. 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. L4- -S T-0'1
Robert M. Diodato
I consent to the entry of a final Decree of Divorce without notice.
SAIDIS,
LOWER &
UNDSAY
nrn . , ..m?tmv
ZC• T+gh SCYCct
Carlisle, PA
2. 1 understand that I may lo"e rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is grant6d.
3. I understand that I will not be divorced until a Divorce Del~ree 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 to the best of
my knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsificatiok) to authorities.
Date: L-1- 3 -L?IA
Robert M. Diodato
KELLIE L. DIODATO,
Plaintiff
V.
ROBERT M. DIODATO,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 6128 CIVIL TERM
CIVIL ACTION-LAW
PLAINTIFF'S AFFIDAVIT OF CONSENT
AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(c) of the Divorce Code was
filed on October 18, 2007.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and
ninety days have elapsed from the date of the filing of the Complaint.
3. 1 consent to the entry of a final decree in divorce without notice.
4. 1 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 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.
6. 1 have been advised of the availability of marriage counseling and
understand that I may request that the court require counseling. I do not request that
the court require counseling.
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. Section 4904 relating to unsworn falsification to authorities.
Date:
C?:L
Kellie L. Diodato
LED- ..ty;3 s
, Y
2009 APR 20 Phi Io 01
CE O ,;. FqT'
KELLIE L. DIODATO,
Plaintiff
V.
ROBERT M. DIODATO,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2007-6128 CIVIL TERM
IN DIVORCE
PROPERTY SETTLEMENT AND SEPARATION AGREEMENT
THIS AGREEMENT made this I ?? day of 2009,
between KELLIE L. DIODATO, of 912 Burr Avenue, Carlisle, Cumberland County,
Pennsylvania, hereinafter referred to as Wife, and ROBERT M. DIODATO, of 205 West Yellow
Breeches Road, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as
Husband.
RECITALS:
R.1: The parties hereto are husband and wife, having been joined in marriage on May
21, 1994 in Cumberland County, Pennsylvania; and
R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of
Cumberland County, Commonwealth of Pennsylvania on October 18, 2007 to Number 2007-
6128, Civil Term; and
R.3: The parties hereto desire to settle fully and finally their respective financial and
property rights and obligations including, but not limited to, all matters between them relating to
the ownership of real and personal property, claims for spousal support, alimony, alimony
pendente lite, counsel fees and costs, and the settling of any and all claims and possible claims
against the other or against their respective estates.
i
NOW THEREFORE, in consideration of the covenants and promises hereinafter to be
mutually kept and performed by each party, as well as for other good and valuable consideration
and intending to be legally bound, it is agreed as follows:
(1) SEPARATION: It shall be lawful for each party at all times hereafter to live
separate and apart from the other party at such place or places as he or she from time to time
may choose or deem fit, free from any control, restraint or interference from the other. Neither
party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by
any legal or other proceeding. Each party shall be free of the interference, authority or contact by
the other as if he or she was single and unmarried except as maybe necessary to carry out the
terms of this Agreement.
(2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and
that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce
action. Upon the execution of this Agreement, the parties shall execute and file Affidavits of
Consent and Waivers of Notice, necessary to finalize said divorce.
(3) REAL PROPERTY: The parties are the owners of certain real estate with
improvements thereon erected and known and numbered as 205 Yellow Breeches Road, Carlisle,
Cumberland County, Pennsylvania. Husband presently resides in the marital home. The parties
have listed the marital home for sale and will agree to any offer within 2% of the listing price.
Further, in the event that the parties' real estate agent recommends a reduction in the sale of the
house, the parties will follow his or her recommendation unless they agree to the contrary. Upon
the sale of the marital home, the parties will pay off the first mortgage and home equity line of
credit encumbering the marital home. The parties will also pay the usual costs of sale. From the
net proceeds, Wife shall receive $10,600.00 and the balance of the proceeds shall be equally
divided between the parties. In the event Husband can no longer afford the payment of the
2
mortgage and moves from the marital home, the parties will equally divide the mortage payment,
the real estate taxes and insurance until the home can be sold.
(4) DEBT:
A. Marital Debt: Husband and Wife acknowledge and agree that in the course of
their separation, they paid off approximately $4,500.00 for a Visa card and that there is no other
debt which is marital or for which the other might be liable incurred prior to the signing of this
Agreement.
B: Post Separation Debt: In the event that either party contracted or incurred any
debt since the date of separation on July 4, 2006, the party who incurred said debt shall be
responsible for the payment thereof regardless of the name in which the debt may have been
incurred.
C: Future Debt: From the date of this Agreement, neither party shall contract or
incur any debt or liability for which the other party or his or her property or estate might be
responsible and shall indemnify and save the other party harmless from any and all claims or
demands made against him or her by reason of debts or obligations incurred by the other party.
(5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she
may have to any and all motor vehicles currently in possession of the other party. Within ten (10)
of the date of this Agreement, each party shall execute any documents necessary to have said
vehicles properly registered in the other party's name with the Pennsylvania Department of
Transportation. Each party shall assume full responsibility of any encumbrance on the motor
vehicle received by said party, and shall hold harmless and indemnify the other party from any
loss thereon. Wife will retain the 2002 Honda which is not encumbered by a lien and Husband will
retain the 2002 Chevrolet which is not encumbered by a lien. Husband will also retain a 1964
Ford replication vehicle and a camper titled in his name only.
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(6) TANGIBLE PERSONAL PROPERTY: With the exception of those items of
personal property in Husband's possession, which will be the sole and separate property of Wife,
and which are listed on Exhibit "A" attached hereto, the parties hereto mutually agree that they
have effected a satisfactory division of the furniture, household furnishings, appliances, tools and
other household personal property between them, and they mutually agree that each party shall
from and after the date hereof be the sole and separate owner of all such property presently in his
or her possession whether said property was heretofore owned jointly or individually by the parties
hereto. This Agreement shall have the effect of an assignment or bill of sale from each party to
the other for such property as may be in the individual possession of each of the parties hereto.
(7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right,
title or interest he or she may have in or to any intangible personal property currently titled in the
name of or in the possession of the other party, including, but not limited to, stocks, bonds,
insurance, bank accounts, individual retirement accounts, employment benefits including
retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like.
(8) WAIVER OF ALIMONY: The parties acknowledge that each has income and
assets satisfactory to his and her own reasonable needs. Each party waives any claim he or
she may have one against the other for alimony, spousal support or alimony and alimony
pendente lite.
(9) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been
notified of his or her right to consult with counsel of his or her choice, and have been provided a
copy of this Agreement with which to consult with counsel. Wife is represented by Michael A.
Scherer, Esquire and Husband is represented by Carol J. Lindsay, Esquire. Each party
acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable,
and that it is being entered into freely and voluntarily after having received such advice and with
4
such knowledge as each has sought from counsel, and the execution of this Agreement is not the
result of any duress or undue influence, and that it is not the result of any improper or illegal
agreement or agreements. Each party shall pay his or her own attorney for all legal services
rendered or to be rendered on his or her behalf.
(10) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
(11) INCOME TAX:
The parties have heretofore filed joint Federal and State Tax returns. Both parties
agree that in the event any deficiency in Federal, state or local income tax is proposed, or
assessment of any such tax is made against either of them, each will indemnify and hold harmless
the other from and against any loss or liability for any such tax deficiency or assessment and any
interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or
expense shall be paid solely and entirely by the individual who is finally determined to be the
cause of the misrepresentations or failures to disclose the nature and extent of his or her separate
income on the aforesaid joint returns.
(12) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement
shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations
contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a
discharge of any obligations assumed hereunder, the other party shall have the right to declare
this Agreement to be null and void and to terminate this Agreement in which event the division of
the parties' marital assets and all other rights determined by this Agreement including alimony
shall be subject to court determination the same as if this Agreement had never been entered
5
into.
(13) COMPLETE DISCLOSURE: The parties do hereby warrant, represent,
acknowledge and agree that each is fully and completely informed of, and is familiar with, the
wealth, real and personal property, estate and assets, earnings and income of the other and has
made any inquiry he or she desires into the income or estate of the other and received any such
information requested. Each has made a full and complete disclosure to the other of his and her
entire assets, liabilities, income and expenses and any further enumeration or statement thereof in
this Agreement is specifically waived.
(14) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of
them has read and understand his and her rights and responsibilities under this Agreement and
that they have executed this Agreement under no compulsion to do so but as a voluntary act.
(15) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby
releases the other from any and all claims, or demands up to the date of execution hereof. It is
further specifically understood and agreed by and between the parties hereto that each party
accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all
of said party's rights against the other for past, present and future claims on account of support,
maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable
distribution of marital property and any other claims of the party, including all claims which have
been raised or may be raised in an action for divorce.
(16) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in
this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each
hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs,
representatives, assigns and estate, from and with respect to the following:
A. All liability, claims, causes of action, damages, costs, contributions and expenses
6
or demands whatsoever in law or in equity;
B. All rights, title, interest or claims in or to any property of the other, whether real,
personal or mixed and whether now owned or hereafter acquired;
C. All rights of courtesy and dower and all claims or rights in the nature of courtesy
and dower;
D. All widow or widower's rights;
E. All right, title, interest or claim in or to the other's estate, whether now owned or
hereafter acquired, including but not limited to all rights or claims:
(1) to take against the other's will;
(2) under the laws of intestacy;
(3) to a family exemption or similar allowance; and
(4) all other rights or authority to participate or intervene in a deceased
spouse's estate in any way, whether arising under the laws of Pennsylvania or any other
country, territory, state or political subdivision.
F. All rights or claims to any accounting;
G. All rights, claims, demands, liabilities and obligations arising out of or in connection
with the marital relationship or the joint ownership of property, whether real, personal or mixed;
H. All rights, claims, demands, liabilities and obligations arising under the provisions
of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under
the provisions of any similar statute enacted by any other country, state, territory or political
subdivision;
1. All rights, claims, demands, liabilities and obligations each party now has, or may
hereafter have, against or with respect to the other.
(17) GOVERNING LAW: This Agreement shall be construed under the law of the
Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or
7
unenforceable, all other provisions shall continue in full force and effect.
(18) INCORPORATION INTO DECREE: In the event that either of the parties shall
recover a final judgment or decree of absolute divorce against the other in a court of competent
jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance
but shall not be merged into such judgment or decree and this Agreement shall survive any such
final judgment or decree of absolute divorce and shall be entirely independent thereof.
(19) BREACH: In the event that either party breaches any provision of this Agreement,
he or she shall be responsible for any and all costs incurred to enforce the Agreement, including,
but not limited to, court cost and counsel fees of the other party. In the event of breach, the other
party shall have the right, at his or her election; to sue for damages for such breach or to seek
such other and additional remedies as may be available to him or her.
(20) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding
between the parties and there are no covenants, conditions, representations, or agreements, oral
or written, of any nature whatsoever, other than those herein contained.
(21) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind
the parties hereto, their respective heirs, executors and assigns.
IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto
set their hands and seals the day and year first written above.
WITNESS:
elli E Diodato
Robert M. Diodato
8
EXHIBIT "N'
Household Items:
Leather ottoman
Vase with flower arrangement
Treadmill
Bow flex weight machine
Glass sofa table
Framed mirror
Sony stereo
3 Speakers
Sony CD player
2 Wooden stands
LL Bean corner desk with printer stand
Elephant stand
Upright freezer
Storage shelf
Floor runner carpet
Decorative church
Salon equipment:
Massage table
Aesthetics work chair
Microderm abrasion machine
Aesthetics equipment station
Aesthetics work chair
9
RED
OF THE
2003 Ai R 2u Fi1 4: 0
j }i
KELLIE L. DIODATO,
Plaintiff
V.
ROBERT M. DIODATO,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 6128 CIVIL TERM
CIVIL ACTION-LAW
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following 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: The Sheriff of Cumberland
County, Pennsylvania served Complaint upon Defendant on February 20, 2008.
3. (complete either paragraph (a) or (b).)
A. Date of execution of the affidavit of consent required by Section 3301(c) of
the Divorce Code: by Plaintiff on April 10, 2009; and Defendant on April 3, 2009
B. (1) date of execution of the Plaintiffs Affidavit required by Section
3301(d) of the Divorce Code: N/A
(2) date of service of the Plaintiffs Affidavit upon the Defendant: N/A
4. Related claims pending: None.
5. Indicate date and manner of service of the notice of intention to file praecipe to
transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce
Code: The parties signed Waivers of Notice of Intent to Request Entry of Divorce Decree.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
v
Mic el A. Scherer, Esquire
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
T THE
2009 APR 20 PM 4.0 1
KELLIE L. DIODATO
V.
ROBERT M. DIODATO
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 2007-6128
DIVORCE DECREE
AND NOW, A»,_1 21,` zoo t , it is ordered and decreed that
KELLIE L. DIODATO , plaintiff, and
ROBERT M. DIODATO
bonds of matrimony.
defendant, are divorced from the
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
The parties Marital Settlement Agreement dated April 1, 2009 is incorporatbd but
not merged herein as a final Order of Court.
By the Court,
4-1
J.
thonotary
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