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HomeMy WebLinkAbout01-6340PATTI y. DINTAMAN, Plaintiff DAVID C. DINTAMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2001- ~,,.~/--/~ CIVIL TERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGH¥~ Yo, 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 an other ' · . · ' ' ,,~ uus[ooy When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request mardage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. 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 PATTI Y. DINTAMAN, Plaintiff DAVID C. DINTAMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : NO. 2001- ~SYO CIVIL TERM : IN DIVORCE COMPLAINT UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE Plaintiff, Patti Y. Dintaman, by her attorney, Lindsay D. Baird, Esquire, sets forth the following: 1 Plaintiff, Patti Y. Dintaman, is an adult individual residing at,1866 West Lisburn Road, Carlisle, Cumberland County, Pennsylvania 17013. 2 Defendant, David C. Dintaman, is an adult individual residing at 751 Old Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3 The parties were married on October 16, 1993, in Cumberland County, Pennsylvania. 4 Plaintiff and Defendant have lived continuously in the Commonwealth of Pennsylvania for at least six months prior to the commencement of this action. 5 This action is not collusive. 6 There have been no prior actions for divorce or annulment in this or any other jurisdiction within the knowledge of the Plaintiff. 7 In accordance with Section 3301(c) of the Divorce Code, the marriage between the parties is irretrievably broken. 8 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, the Plaintiff requests your Honorable Court to decree that the Plaintiff be divorced from the Defendant. indsa~r~. B~ird, Esquire Attorney for the Plaintiff 37 S. Hanover Street Carlisle, PA 17013 717 - 243-5732 I verify that to the best of my knowledge and belief, the statements made in the foregoing document are true and correct. I understand that false statements herein are made subiect to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. ~ AGREEMENT THIS AGREEMENT is made and entered into between DAVID C. DINTAMAN and PATYI Y. DINTAMAN, hereinafter referred to as Husband and Wive. The parties are separated and a divorce action is pending with the Court of Common Pleas of Cumberland County Pennsylvania under Docket Number 2001-6340. It is therefore agreed: Wife shall pay to Husband $3,500.00 on 2/4/02 in the following manner: a. All 2001 joint income tax refunds shall be directly deposited into Husband's checking account number ~?'x<~r'[ with b. The difference between fifty percent (50%) of the tax refund and $3,500.00 shall be paid by Wife to Husband by depositing a check with her attorney. Such check shall be released to Husband's attorney upon re.ceipt of the executed Affidavit of Consent and Waiver of Notice. 3. 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 any 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. 4. The parties agree to waive and relinquish any tight to seek from the other any payment for support, maintenance, APL or alimony. IN WITNESS WHEREOF, and intending to be bound hereby, the parties have signed and sealed this Agreement on the ~/day of ~, 2002, at t-lai-fi~buig, Pennsylvania. In the presence of: V~I~NESS (~ David C. Dintaman ~'~-- (SEAL) Ef~elive ns of 10/18/01 David C. Din~m~n agree to the fo~lowi~ terms prior to ~m ~th~ divorce: I will pny $400.00 ~n ot by 10/26/01 for th~ Now~ ~het 1, 2001 mort~ .~ l~yn~nt. I ~ continueto pay $1000.00 for the ~* of November 01 nnd Deoember 01 for ~ ~ (i.e. D~o l~yme~ _s- 11/11/01 & 12/11/01 ~ ~ l~ymen~ - 12/01/01 & 01/01/02). A~t~ Snm~/_ 1. 2002. I ~ no lan? be o~1. ~_o~.. for nn_v ~ I1/9/01 & 12/7/01)first hnlfofthe m.~:. and $500.00 (mot by 11/23/01 & 12/21/01) m~ie~ bel~inni~ 11/11/01). This supercedes the prior silted a~reement. Iwill sign ove~ the __deed__ to P _~_' Y. Dintanmn for the house nndp~ at 1806W. Lisbum Rd. by 10/19/01. I will _rmrm the £ollow~n~ by 10f20/01 ~ will not require mypayme~ flora pa~ · To~o Snowblow~ I will pay the necesamy fern to file for the divorce and any other feea inc~l ~ I will ~t my ovm auto insm~m~ by 11/9/01 and will notify Kipe-Ramey im~/~ce I will nmk* no claim~ to any monies in Pn~_Z Y. P~-a*m-~'s pmsim / RSIP / savin~ ~ 2. I will not make any clnims to David C. ' ~Dinia/mm's plz~a~ / RSIP/savinSs and thriit. 3. I will mx make my claims to the Dod~ Rnm o~ Itanda Shadow nor will I be liable fo~ 4. I will not t~/ui~e Dnv/d C. 1~.-~,...~ to pay for fees ~ concern my own pe~onni lq~al m~__m (not ~,l~ed to the actual divm'ce itsdO ~r for thzrapy. 5. I will not require any monies U~xds ~ ~ ~ ~ 12/~ 1/01. PATTI Y. DINTAMAN, Plaintiff DAVID C. DINTAMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : NO. 2001- 6340 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE I, Lindsay Dare Baird, Esquire, being duly sworn according to law do depose and state that a copy of the Complaint filed in the above-captioned matter along with a copy of a Notice to Plead and a Notice of Availability of Marriage Counseling was served on the Defendant, November 7, 2001, by Certified Mail - Return Receipt Requested, restricted delivery, a copy of said return receipt evidencing delivery being attached hereto. ~t~dsay D. B~iir~, E~'quire / /Attorney for Pl~lnt~ ~/ 37 South Hanovet'Street Carlisle, PA 17013 717 - 243-5732 Sworn and Subscribed to before me this ~'~ day of-~¢ ~,_; ~ ¥, 2002. Notary Public Nlven J. Baird, Notary Publl(3 Carlisle Bom, Cumberland County , My Commission Expires Nov. 2, 200~ Member, Permsylvanla AssoclatJo~ of Notarte~ your name and address ~ the reverse that we can tatum the card to Y°U-.._,___ this card to the baok of the mm~Pm~, or on the ,m3~ ~f apace pernuts. I-1 Insured Mail I-I C.O.D. 4. Ree~emS O."ve~ ~ Domestic Return Receipt PS Form 36] ~, March PATTI Y. DINTAMAN, Plaintiff Vo DAVID C. DINTAMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : : NO. 2001-6340 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE 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 November 6, 2001. 2. Defendant acknowledged receipt and accepted service of the Complaint on November 7, 2001. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 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. 6. 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. 7. I 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 f~ Date: ,~.,~. ~ ~ · L_P.a{trY. Dintaman PATTI Y. DINTAMAN, Defendant Ye DAVID C. DINTAMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBER!,AND COUNTY, PENNSYLVANIA : : NO. 2001-6340 : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service 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. 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.A. Section 4904 relating to unsworn falsification to authorities. David C. Dintaman PATI~I Y. DINTAMAN, Defendant DAVID C. DINTAMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERI.AND COUNTY, PENNSYLVANIA : NO. 2001-6340 : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) 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: David C. Dintaman PATTI Y. DINTAMAN, Plaintiff DAVID C. DINTAMAN, Defendant TO THEPROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2001- 6340 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORD 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: Certified U.S. mail, Return Receipt, Restricted Delivery,' November 7, 200t. 3. Date of execUtion of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: February 5, 2002; by Defendant: February 7, 2002. 4. Related claims pending: None 5. Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 2/12/2002. Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: same. //xL~n~say Dare ~aird, Esqui~re Attorney for the Plaintiff ! IN THE COURT Of COMMON PleAS OF CUMBERLAND COUNTY STATE Of ~ PENNA. Plaintiff Versus ................................. DefeDd~ .......... N o ..... ~o.~..-.~a~o .................. ~Scx DECREE IN DIVORCE AND NOW ....... ~ ..... ~ .... it is ordered and decreed that PA~'~'T Y. DINT/~1 plaintiff, and ...................... ~.~.~.c.: .9.~ .~.~ ................... defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of r~e_cord in this action for which a final order has not yet been entered; ...~.e...~..t.t.~..~e3...t' .~....eg~n...t.~. ~.e..~.n~.r~..r.a.t.eq. ,..b.u.t..n.o.t. ~..%n.t.o..th..e...m%c..r,ee. Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW PATTI y. DINTAMAN Plaintiff Defendant vs · DAVID C. DINTAMAN File No. 2001-6340 IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the 20th day of February -, ~ 2__002., hereby elects to resume the prior Surname of__ pAT~flL. YEAG~R · and gives this written notice pursuant to the provisions of 54 P.S. S 704. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND : -~ig~med seal· Notary Public --~--~--'~ y or ~ _~. ___~ , 1~ · ~=~u"a±~y.appeared the a~ove =_ , before me, a be the person whose name is subscri~-= - affiant known to me to u~u ro the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof· I have hereunto set my hand and official N~n J. ~i~, No~ Pu~lc C,~llale Boro, Cumberl~ ~ ~ ~lssion Expires ~. 2, ~ ~,~yNania~~