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HomeMy WebLinkAbout08-4150IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRI E. DIEHL, V. DARIN W. DIEHL, NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against th- 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 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 Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF 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 0"FICE 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 PROVIDER YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TU ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 Plaintiff NO. CIVIL ACTION - LAW : DIVORCE/CUSTODY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRI E. DIEHL, Plaintiff NO. V. CIVIL ACTION - LAW DARIN W. DIEHL, DIVORCE Defendant COMPLAINT Plaintiff, Kerri E. Diehl by her attorney, Diane G. Radcliff, Esquire, and files this Complaint in Divorce/Custody , of which the following is a statement: COUNT I DIVORCE 2. 3 4. The Plaintiff is Kerri E. Diehl, an adult individual residing at 405 N. Market Street, Mechanicsburg, Cumberland County, Pennsylvania since July 1, 1994. The Defendant is Darin W. Diehl, an adult individual residing at 1 Fieldcrest Drive, Mechanicsburg, Cumberland County, Pennsylvania since January 7, 2008. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months previous to the filing of this Complaint. Plaintiff and Defendant were married on December 10, 1994 in Mechanicsburg, Cumberland County, Pennsylvania. 5. Plaintiff avers that there are two (2) children under the age of eighteen (18) born of the marriage, namely, to wit: Myleah K. Diehl, born 9/19/1994; and Adisson W. Diehl, born 4/10/1999. 6. There have been no prior actions of divorce or annulment between the parties. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right -1- to request that the Court require the parties to particip; to in counseling. 8. Defendant is not a member of the Armed Services of the United States or any of its Allies. 9. Plaintiff avers that the grounds on which the action is based are: A. Section 3301(c) Mutual Consent No-Fault: The marriage is irretrievably broken; B. Section 3301(d) Non-Consent No-Fault: The marriage is irretrievably broken and the parties are now living separate and apart. Once the parties have lived separate and apart for a period of two years, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. C. Section 3301(a)(6) Indignities: Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome, and that this action is not collusive. 10. Plaintiff requests the Court to enter a decree of divorcE. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. COUNT II EQUITABLE DISTRIBUTION 11. Paragraphs 1 through 10 are incorporated by reference hereto as fully as though the same were set forth at length. 12. Plaintiff and Defendant have acquired property, both real and personal, and incurred debts during their marriage during the period from December 10, 1994, the date of their marriage, until January 7, 2008, the date of their separation, all of which are "marital property" or "marital debts". 13. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". -2- 14. Plaintiff and Defendant have been unable to agree as to an equitable division of the marital property and marital debts as of the date of the filing of this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debts of the parties. COUNT III CUSTODY 15. Paragraphs 1 through 10 are incorporated by reference hereto as fully as though the same were set forth at length. 16. Plaintiff seeks custody of the following child/children: NAME PLACE OF RESIDENCE AGE D.O.B. Myleah K. Diehl 405 N. Mark !t Street 13 9/19/1994 Mechanicsburg, PA 17055 Adisson W. Diehl 405 N. Market Street 9 4/10/1999 Mechanicsburg, PA 1705`0 17. The child Myleah K. Diehl was born out of wedlock. The child Adisson W. Diehl was not born out of wedlock 18. The children are presently in the custody of Plaintiff who resides at 405 N. Market Street, Mechanicsburg, PA 17055. 19. During the past five years, the child/children has/have resided with the following persons and at the following addresses: PERSON ADDRESS DATES Kerri E. Diehl 405 N. Market Street 1 / 1 /2003 - 1 /7/2008 Darin W. Diehl Mechanicsburg , PA 17055 Kerri E. Diehl 405 N. Market Street 1/7/2008 to Present Mechancisburg, PA 17055 -3- 20. The mother of the children is Kerri E. Diehl, who resides at 405 N. Market Street, Mechanicsburg, Cumberland County, Pennsylvania. 21. The mother is married to Defendant, Darin W. Diehl 22. The father of the children is Darin W. Diehl and is currently residing at 1 Fieldcrest Drive, Mechanicsburg, Cumberland County, Pennsylvania. 23. The father is married to Plaintiff, Kerri E. Diehl. 24. The relationship of Plaintiff to the children is that of mother. 25. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Myleah K. Diehl Child Adisson W. Diehl Child 26. The relationship of Defendant to the children is that of father. 27. The Defendant currently resides with the foil -)wing persons: NAMES RELATIONSHIP Larry Diehl Father 28. 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. 29. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 30. 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. 31. The best interest and permanent welfare of the child/children will be served by granting the relief requested. -4- 32. Each parent whose 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 primary physical custody of the children to the Plaintiff. Respectfully submitted, -5- Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Plaintiff VERIFICATION Kerri E. Diehl verifies that the statements made in this Complaint are true and correct. Kerri E. Diehl understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. KERRI E. DI,:HL Date: 07-/?- DO -6- C \J1 J Q ? r R C7 C s r 1 0 rn t v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRI E. DIEHL, Plaintiff NO. V. CIVIL ACTION - LAW DARIN W. DIEHL, DIVORCE/CUSTODY Defendant PETITION FOR EMERGENCY RELIEF AND NOW, this 1 N day of July, 2008, comes the petitioner, Kerri E. Diehl, and files the above referenced Petition and respectfully represents that: 1. Your Petitioner is Kerri E. Diehl, an adult individual residing at 405 N. Market Street, Mechanicsburg, Cumberland County, Pennsylvania since July 1, 1994 and the Plaintiff in the above referenced action. Petitioner is hereinafter referred to as "Mother". 2. Your Respondent is Darin W. Diehl, an adult individual residing at 1 Fieldcrest Drive, Mechanicsburg, Cumberland County, Pennsylvania since January 7, 2008, and is the Defendant in the above referenced action. Respondent is hereinafter referred to as "Father". 3. The parties are the parents of the following referenced minor children: NAME PLACE OF RESIDENCE AGE D.O.B. Myleah K. Diehl 405 N. Market Street 13 9/19/1994 Mechanicsburg, PA 17055 Adisson W. Diehl 405 N. Market Street 9 10/1999 Mechanicsburg, PA 17055 4. 5. The children have been in the custody of Mother since the parties' marital separation on January 7, 2008. There is no order for custody entered in this or any other case in the Commonwealth of Pennsylvania or any other jurisdiction. 6. Immediately prior to the filing of this Petition, Mother a claim for custody in this case. 7. Since the claim for custody has just been filed, the conciliation conference has yet to be scheduled. There is an outstanding Protection for Abuse order entered against Father in the Cumberland County PFA action docketed to No. 2008-935, a true and correct copy of which is attached hereto, marked Exhibit "A" and made a part hereof. 8. There are pending criminal charges filed against Father (OTN: L422714-5) as a result of Father's June 19, 2008 break in into the marital residence where Mother and children reside knowing that he was prohibited by the PFA order from entering into the marital home. 9. Father was recently was found guilty of Indirect Criminal Contempt as a result of his additional violation of the PFA order. As part of those proceedings on July 2, 2008 an order was entered requiring him to immediately schedule a psychiatric evaluation, make the results and treatment recommendation available to the probation department and comply with all treatment recommendations. A true and correct copy of the July 2, 2008 Order is attached hereto, marked Exhibit "B" and made a part hereof. 10. On July 9, 2008, Mother provided Father with a period of visitation with the children . During that visitation, father drove by mother's home n his vehicle with the children and honked his horn at her yelling "Hi Honey", a further violation of the PFA Order. 11. Father is bi-polar as a result of which he often acts impulsively. 12. In the past Father, either directly or by inference, has indicated that he contemplated suicide. 13. Mother is afraid of Father and does not want to deal with him directly in matters involving custody. 14. Given father's impulsive and erratic behavior mother is afraid that if she voluntarily gives father visitation with the children that he will not return them to her care and custody. 15. On the other hand, Mother fears that if she does not provide Father with some visitation, he will take the children from her or her parents custody when she is working. 16. Since the conciliation may not be scheduled for several weeks, Mother believes that it is imperative that this situation be handled by the entry of a temporary order granting her temporary custody of the children pending the custody conciliation conference or further order of court. 17. The only judges involved in this or any companion case were the honorable Kevin A. Hess and the Honorable Edward Guido who entered the attached PFA Orders. 18. Mother's Attorney contacted father's PFA attorney, Mark Bayley, Esquire and asked him to consent to the entry of the requested order. No response has been received as of the filing of this Petition. Wherefore, Petitioner respectfully requests this Honorable Court to enter an order granting her temporary custody of the parties' minor children pending further order of Court or the custody conciliation conference to be scheduled in this case. Respectfully Submitted, CLIFF, ESQUIRE (Attorn(p,y Re istration No 32112) 3e Road, Camp Hill, PA 17011 Email: dianeradcliffCcomcast.net Phone: (717) 737-0100 • Fax: (717) 975-0697 Counsel for Plainti? f/Petitioner Dated: t o VERIFICATION I verify that the statements made in the foregoing document 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. KERRI E. DIEHL Date: 0 7 ?I - DJ1, CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Mark Bayley, Esquire Bayley & Managan 57 West Pomfret Street Carlisle, PA 17013 (Counsel for Respondent) DIA , CLIFF, ESQUIRE \ / istration No 32112) 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradcliffC comcast. net Phone: (717) 737-0100 Fax: (717) 975-0697 Counsel for Petition r Dated: )IN b EXHIBIT "A" Kerri Elizabeth Diehl, : IN THE COURT OF COMMON Plaintiff : PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Darin William Diehl, : No. 2008 -935 Defendant CIVIL ACTION - LAW PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Darin William Diehl Defendant's Date of Birth: August 20, 1967 Defendant's Social Security Number: 161-64-2868 Names and Dates of Birth of All Protected Persons, including Plaintiff and minor children: Names Dates of Birth 1. Kerri Elizabeth Diehl August 30,1970 Plaintiff or Protected Person(s) is/are: [X] spouse or former spouse of Defendant [X] parent of a child with Defendant [X] current or former sexual or intimate partner with Defendant [ ] child of Plaintiff [ } child of Defendant [ ] family member related by blood (consanguinity) to Defendant [ ) family member related by marriage or affinity to Defendant [ ) sibling (person who shares parenthood) of Defendant [X] current or former cohabitant (person who lives with) Defendant. Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided notice of the time, date and location of the hearing scheduled in this matter. Appearances by Parties and/or Counsel: . Plaintiff appeared personally and is represented by: Jessica Hoist • Defendant appeared personally and is unrepresented. AND NOW, this 14th Day of February, 2008 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: This order is entered by agreement without an admission. Without regard as to how the order was entered, this is a final order of court subject to full enforcement pursuant to the Protection From Abuse Act. Plaintiffs request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to Plaintiff or any other protected person in any place where they might be found. 2. Defendant is completely evicted and excluded from the residence at: 405 North Market Street Mechanicsburg PA 17055 or any other residence where Plaintiff or any other person protected under this order may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this order. 3. Defendant is prohibited from having ANY CONTACT with Plaintiff either directly or indirectly, or any other person protected under this order, at any location, including but not limited to any contact at Plaintiff s or other protected party's school, business, or place of employment. 4. Defendant shall not contact Plaintiff, either directly or indirectly, or any other person protected under this order, by telephone or by any other means, including through third persons. 5. The following additional relief is granted as authorized by §6108 of the Act: Defendant shall not damage, destroy, or dispose of in any manner, any property owned jointly by the parties or solely by the plaintiff. Non-threatening, non-harassing communication between the parties regarding their children shall not be deemed a violation of this order. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Mechanicsburg Borough Police Department East Pennsboro Township Police Department 7. All provisions of this order shall expire in 3 years on February 14, 2011. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S.A. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. A VIOLATION OF THIS ORDER MAY RESULT IN THE REVOCATION OF THE SAFEKEEPING PERMIT, WHICH WILL REQUIRE THE IMMEDIATE RELINQUISHMENT OF YOUR FIREARMS, OTHER WEAPONS AND AMMUNITION TO THE SHERIFF. PLAINTIFF'S CONSENT TO CONTACT BY DEFENDANT SHALL NOT INVALIDATE THIS ORDER WHICH CAN ONLY BE MODIFIED BY FURTHER ORDER OF COURT. 23 Pa.C.S.A. § 6108(g). THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261- 2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. §922(g)(8). NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS The police and sheriff who have jurisdiction over Plaintiffs residence OR any location where a violation of this order occurs OR where Defendant may be located, shall enforce this order. The court shall have jurisdiction over any indirect criminal contempt proceeding, either in the county where the violation occurred or where this protective order was entered. An arrest for violation of paragraphs I through 4 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police or any sheriff. 23 Pa.C.S.A. §6113. Subsequent to an arrest, and without the necessity of a warrant, the police officer or sheriff shall seize all firearms, other weapons and ammunition in Defendant's possession that were used or threatened to be used during the violation of the protection order or during prior incidents of abuse and any other firearms in Defendant's possession. The Sheriff of Cumberland County shall maintain possession of the firearms, other weapons or ammunition until further order of this court. When Defendant is placed under arrest for violation of this order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer, sheriff OR Plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, Defendant shall be arraigned, bond set, if appropriate and both parties given notice of the date of the hearing. BY THE COURT 7r,,4, /l Zea F Date Entered pursuant to the consent of Plaintifkand Defendant: _'/ Kerri Elizabe Diehl, (4'-? Plaintiff GraVE. D'Alo Geoffrey M. Biringer Jessica Holst Attorney for Plaintiff MidPenn Legal Services 401 East Louther Street Carlisle PA 17013 Da D illiam Diehl. Date Date Distribution to: MidPenn Legal Services, Attorney for Plaintiff ?C to t'? s Darin William Diehl, Pro Se Defendant -? C'1"7 Faxed and Mailed to PSP - .21 s/o ' L? C? N ? "'? C.? cn . i ' i .Y= . c'r ?' ¢ J .?y ,,,.. a? ? t.S1 "l?s r . ? L -t? \ ? , ? ?_ N _ y %=• ? :. G? EXHIBIT "B" KERRI ELIZABETH DIEHL, Plaintiff V. DARIN WILLIAM DIEHL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-0935 CIVIL TERM PROTECTION FROM ABUSE IN RE: INDIRECT CRIMINAL CONTEMPT - SENTENCING ORDER OF COURT AND NOW, this 2nd day of July, 2008, the Defendant having admitted that he is in contempt of the Protection from Abuse order, and having presented himself for sentence, the sentence of the Court is that he pay the costs of prosecution, and undergo imprisonment in the Cumberland County Prison for not less than 10 days nor more than 6 months. The Defendant to be given credit from June 25, 2008. The Defendant shall be paroled, without further order of court, upon confirmation that he has a bed in an " inpatient psychiatric facility. The parole shall be with supervision and subject to the following special conditions: 1. That he have no contact whatsoever with his wife. Any contact with the wife in connection with the children shall be through third parties. 2. That he successfully complete his inpatient treatment and not leave the facility until he is medically and psychiatrically fit to be released. If he leaves the facility against medical advice, he is to report directly to the Cumberland County Prison. 3. That he be and remain on good behavior. 4. That he comply with all other directions of his parole officer. In the event that he is not able to secure a bed in an inpatient facility, he shall be paroled without further order of court at 7:00 p.m. on Sunday, July 6, 2008. Said parole shall be with supervision and subject to the above conditions, along with the following: 1. He shall immediately schedule a psychiatric evaluation, make the results and the treatment recommendations available to the Probation Department, and shall comply with all treatment recommendations. Christylee Peck, Esquire ?p Office of the District Attorney, J? Mark F. Bayley, Esquire - +017 For the Defendant / Probation 7f ?3`-M Sheriff CCP Victim - Witness srs mmxn,_ W, "Mm 8 4 3 ld S- W" I-Ij V ? S C? 'JUL 1 X 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRI E. DIEHL, Plaintiff N0. v _ /74f3-0' 1!e r v. DARIN W. DIEHL, CIVIL ACTION - LAW : DIVORCE/CUSTODY ORDER AND NOW this l day of July, 2008, upon consideration of the within petition, IT IS HEREBY ORDERED that Petitioner, Kerri E. Diehl is granted custody of the parties's children, Myleah K. Diehl, born 9/19/1994, and Adisson W. Diehl born 4/10/1999. Respondent, Darin W. Diehl, shall be afforded partial custody of the children at-suehr tun ?:v0 Z?Yl ?? This Order is entered on a temporary basis without prejudice to the parties and shall remain in effect until the custody conciliation conference to be scheduled in this case, or further Order of Court, whichever shah first occur. r -} j ( d ?,,, sf ,c ZT tsiuo-t143 ?li•-,?? r GouTis? ??s t?7?????? ??` ?? ? 1s ems, ?v aJeJ BY THE COURT: J. Distribution to: Attorney for Plaintiff, Kerri E. Diehl: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 dianeradcliffa-comcast.net Phone: (717) 737-0100 Fax: 717-975-0697 Defendant, Darin W. Diehl 1 Fieldcrest Drive Mechanicsburg, PA 17055 Defendant I I .Z J i I lAr BUZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRI E. DIEHL, V. DARIN W. DIEHL, Plaintiff Defendant AFFIDAVIT OF SERVICE NO. 08-4150 CIVIL ACTION - LAW DIVORCE/CUSTODY I, Diane G. Radcliff, Esquire, being duly sworn according to law, depose and say that on August 2, 2008, 1 served a true and correct copy of the Complaint in Divorce upon Darin W. Diehl, the Defendant, by Certified Mail, Restricted Delivery, addressed as follows: Darin W. Diehl 1 Fieldcrest Drive Mechanicsburg, PA 17050 The Certified Mail return receipt mailing card, or a copy thereof, for the foregoing is attached hereto as Exhibit "A" and made a part hereof. Sworn to and subscribed before me a Notary Public in and for Cumbe,r// ?pnd Coun , Pennsylvania G this 2Wc6av of z2?tr,OY . 20d /?. NOTARY PUBLIC My commission expires: COMMONWEALTH OF PENNS (LWNIA Notarial Seal Deborah L. Donley, Notary Public Camp Fill) Bono. Curnber+land County My Canmission moires Sept 23,201 t Member, Pennsylvania Association of Notaries Camp Hill, PA 17011 Supreme Court I.D. No. 32112 Attorney for Plaintiff .* ¦ Complete items 1, 2, and 3. Also complete i kern 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. kBeeted by tad ¦ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delh - address dflferent from t. Article Addressed to: If YES, enter delivery address q ?19,eld W. J/eAPL 1-705-0 i ? Addweee V Dellvery 3. Type LS" .,ed Mail 0 Express Mai 0 Registered 0 Return Receipt for Merchendlee 0 Insured Meil 0 C.O.D. 2_ ARkie Number 7007 0 710 0003 9223 9189 PS Form 3811, Febntaty 2oo4 Dornwft Retum Receipt 102595-0244-1W ; EXHIBIT "A" RETURN RECEIPT CARD r? KERRI E. DIEHL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DARIN W. DIEHL DEFENDANT 2008-4150 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, October 03, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, October 20, 2008 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?d t p\ i , c .0 !'18 0- ' 00 BUZ off it Nichole M. Staley O'Gorman., Esquire ID #78966 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 nstaley@pkh.com KERRI E. DIEHL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-4150 DARIN W. DIEHL, Defendant DIVORCE/CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: PLEASE enter the appearance of Nichole M. Staley O'Gorman, Esquire, on behalf of the Defendant, Darin W. Diehl, in the above-captioned action. Respectfully submitted, PUR L , KRUG & ALLER By: / /gh ichole a ey O' o an, Esquire ID #7896 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney for Defendant DATE: fQ . ?• g r L CERTIFICATE OF SERVICE I, Kimberly S. DeFalco, Legal Assistant to Nichole M. Staley O'Gorman, hereby certify that a true and correct copy of the foregoing document was served upon the Plaintiff, by sending a copy of the same via first class U.S. Mail to: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 =k? A b, ? ?' ?' Kimberly S. F Ico, Legal Assistant to Nichole M. Staley O'Gorman, Esquire PURCELL, KRUG & HALLER I.D. No. 78966 DATE: c+ css g ,... m 1 , Q c+? ACT 2 2 2000,4 KERRI E. DIEHL, Plaintiff V. DARIN W. DIEHL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-4150 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 1-1 day of 0 Ci , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated July 11, 2008 is hereby vacated. 2. The Mother, Kerri E. Diehl and the Father, Darin W. Diehl, shall have shared legal custody of Myleah K. Diehl, born September 19, 1994 and Adison W. Diehl, born April 10, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. Mother shall have primary physical custody of the children. 4. Father shall have the following periods of partial physical custody: A. During the school year: i. Beginning October 24, 2008, three consecutive weekends from Friday at 3:00 p.m. to Sunday at 7:00 p.m. After Father's three weekends, Mother shall have one weekend then Father shall have the next three weekends and continuing thereafter on a 3/1 rotating weekend schedule. It is understood that Myleah will attend her dance class via the carpooling arrangement on Fridays and Father shall pick up Myleah at the dance class at 9:00 p.m. ii. Every Tuesday with both children from 3:00 p.m. to 6:30 p.m. iii. Every Thursday with Adison from 3:00 p.m. to 6:30 p.m. iv. Overnights when Mother is required to work evenings. v. Father shall have physical custody of Adison at 3:00 p.m. on the days that Adison has baseball practice or baseball games, until practice or the game is over. B. During the summer: i. The parties shall have physical custody on a week on/week off schedule with Sunday at 7:00 p.m. being the exchange day and time. Whoever gets the first Sunday after the end of school shall be determined by counting backwards from daughter's summer dance schedule, with Father having the week immediately preceding the start of the summer dance schedule. ii. During Father's week of custody, if Mother is not working during the day, she shall have physical custody of the children until Father is off of work. 5. Holidays as follows: HOLIDAYS AND SPECIAL DAYS TIMES ODD YEARS EVEN YEARS Easter Day 9:00 a.m. to 7:00 p.m. Mother Father Memorial Day 9:00 a.m. to 7:00 p.,m. Father Mother Independence Day 9:00 a.m. to 7:00 p.m. Mother Father Labor Day 9:00 a.m. to 7:00 p.m. Father Mother Thanksgiving 9:00 a.m. to 7:00 p.m. Mother Father Christmas 1st Half 12:00 p.m. on 12/24 to 12:00 p.m. 12/25 Father Mother Christmas 2"d Half 12:00 p.m. on 12/25 to 12:00 p.m. on 12/26 Mother Father Mother's Day 9:00 a.m. to 7:00 p.m. Mother Mother Father's Day 9:00 a.m. to 7:00 p.m. Father Mother 6. Father shall be responsible for all transportation unless otherwise agreed. 7. Parties are permitted to email each other concerning custodial matters. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, esley Ol r, f Jr., - " J. ccfNichole ne G. Radcliff, Esquire, Counsel for Mother . M. Staley O'Gorman, Esquire, Counsel for Mother 8 0 :8 WV L Z 100 8801 c ?,Hi Jo KERRI E. DIEHL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-4150 CIVIL ACTION - LAW DARIN W. DIEHL, Defendant : IN CUSTODY PRIOR JUDGE: J. WESLEY OLER, JR., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Myleah K. Diehl September 19, 1994 Mother Adison W. Diehl April 10, 1999 Mother 2. A Conciliation Conference was held in this matter on October 20, 2008, with the following in attendance: The Mother, Kerri E. Diehl, with her counsel, Diane G. Radcliff, Esquire, and the Father, Darin W. Diehl, with his counsel, Nichole M. Staley O'Gorman, Esquire. 3. A prior Order of Court was entered by the Honorable Kevin A. Hess dated February 15, 2008 in a PFA matter at Docket No. 08-935 providing "non-threatening, non-harassing communication between the parties regarding their children shall not be deemed a violation of this order." The Honorable Edward E. Guido entered an Order of Court in the Indirect Criminal Contempt PFA matter dated July 2, 2008 providing "That he [husband] have no contact whatsoever with his wife. Any contact with the wife in connection with the children shall be through third parties." The Honorable J. Wesley Oler, Jr. entered an Order of Court in the custody matter, dated July 11, 2008 providing for Mother to have custody of the children with Father having every weekend from Saturday at 9:00 a.m. to Sunday at 6:00 p.m. 4. The parties agreed to an Order in the form as attached. They also requested an Order modifying the Contempt Order. l0 ?? Q-011 Date acq ine M. Verney, Esquire Custody Conciliator JAN 2 3 2009 tn KERRI E. DIEHL, Plaintiff V. DARIN W. DIEHL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-4150 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this day of z r1 . 2009 u on consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated Oct 22, 2008 shall remain in full force and effect with the following addition and modification: 2. In the event that Mother is working during her period of physical custody, she shall contact Father and offer said time to Father. 3. Paragraph 4 A iii is deleted and replaced with: Every Monday with Adison from 3:00 p.m. to 7:00 p.m. 4. This Order is entered pursuant to an agreement of the parties. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE CO RT, Jl J&F v ??r J. 'pVksley Oler, Jr Z cc: ane G. Radcliff, Esquire, uire Counsel , q for Mother ichole M. Staley O'Gorman, Esquire, Counsel for Father J. t 1 - »., i?V P a 1 CC :P, WV S.Cd r6OZ ;?; 'J KERRI E. DIEHL, Plaintiff V. DARIN W. DIEHL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-4150 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: J. WESLEY OLER, JR., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Myleah K. Diehl September 19, 1994 Mother Adison W. Diehl April 10, 1999 Mother 2. A request by the parties' counsel for the Conciliator to amend the prior Order of Court was received on January 22, 2009. 3. A prior Order of Court was entered by the Honorable J. Wesley Oler, Jr. dated October 22, 2008 providing for shared legal custody, Mother having primary physical custody with Father having three weekends per month during the school year and shared physical custody during the summer. 4. The parties agreed to an Order in the form as attached. Date )Jacq ine M. Verney, Esquire Custody Conciliator Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff@comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRI E. DIEHL, Plaintiff . NO. 2008-4150 V. DARIN W. DIEHL, Defendant : CIVIL ACTION - LAW : DIVORCE/CUSTODY PETITION FOR EMERGENCY CUSTODY ORDER a AND NOW, this day of March, 2009, comes the Petitioner, Kerri E. Diehl, and files this petition for Emergency Custody Order and respectfully represents that: 1. Your Petitioner is Kerri E. Diehl, (hereinafter "Mother")an adult individual who has resided at 405 N. Market Street, Mechanicsburg, Cumberland County, Pennsylvania since July 1, 1994. 2. Your Respondent is Darin W. Diehl, (hereinafter "Father")an adult individual who has resided at 1 Fieldcrest Drive, Mechanicsburg, Cumberland County, Pennsylvania since January 7, 2008. 3. The parties are the parents of the following referenced minor children (hereinafter the "children"): NAME PLACE OF RESIDENCE AGE D O.B. Myleah K. Diehl 405 N. Market Street 14 9/19/1994 Mechanicsburg, PA 17055 Adisson W. Diehl 405 N. Market Street 9 4/10/1999 Mechanicsburg, PA 17055 4. The parties are husband and wife. They were married on 12/10/1994 and separated on 1/7/1998. 5. 6. On February 15, 2008 a Protection for Abuse Order entered by the Honorable Kevin A, Hess, against Father in the Cumberland County PFA action docketed to No. 2008-935. A true and correct copy of the 2/15/08 PFA Order is attached 2 hereto, marked Exhibit "A" and made a part hereof. 7. Following a conciliation conference held in this case, and upon the consent of the parties, on October 22, 2008, an Order of Court was entered by the Honorable J. Wesley Oler, Jr. in this matter, in which Order Mother was granted primary physical custody of the children and Father was granted partial physical custody of the parties' children for 3 weekends out of 4 and two evenings per week, one evening with both children and 1 evening with Adison only, and any other overnight Mother is required to work evenings. A true and correct copy of the 10/22/08 Custody Order is attached hereto, marked Exhibit "B" and made a part hereof. 8. Following a conciliation conference held in this case, on January 25, 2009, an Order of Court was entered by the Honorable J. Wesley Oler, Jr. in this matter, in which Order, required mother to contact Father in the event she was working nights and offer that time to him and to change the night of custody with Adison to Mondays. In all other respects the prior Order dated October 22, 2008 was to remain in full force and effect. A true and correct copy of the 1/25/09 Custody Order is attached hereto, marked Exhibit "C" and made a part hereof. 9. There have been a series of events that have occurred that make Mother believe that Father is a potential danger to the children and that Father's rights should be suspended or supervised until he completes counseling and anger management classes. Those events include, but are not limited to the following set forth in chronological order, not order of severity: A. On June 19, 2008, Father broke into Mother's residence knowing that he was prohibited by the 2/15/08 PFA Order from entering into the marital home. As a result of this conduct criminal charges were filed against Father (OTN: L422714-5). B. Father was found guilty of Indirect Criminal Contempt as a result of his additional violation of the PFA Order. As part of those proceedings on July 2, 2008 an order was entered by the Honorable Edward E. Guido. A true and correct copy of the July 2, 2008 Order is attached hereto, marked Exhibit "D" and made a part hereof. C. Father contacted Mother several times subsequent to the entry of the 2/15/08 PFA Order in violation of its terms. Since it was non-physical contact Mother chose not to pursue indirect criminal contempt charges against Father. 3 D. It is believed that between September 29' and September 30, 2008 when Mother was in Pittsburgh, Father or someone acting on his behalf broke into her residence and removed the parties' stereo equipment. Nothing else was missing and this stereo equipment was wanted by Father as part of the parties' divorce proceedings. E. In October 2008, Father was involved in a road rage incident and was charged with disorderly conduct and harassment. He was found guilty at the hearing. F. Between October 22, 2008 and January 16, 2009, Father failed and refused to return the children to Mother in a timely manner at the end of his custody period. G. In January 2009, Father sent numerous harassing emails to mother, that were not directly related to custody matters, in violation of the 2/15/08 PFA Order. H. On or about March 1, 2009, Father refused to return the children to Mother or turn them over to the police when they were called. 1. Mother provided Father with the right to have custody of the children in March when she was going to be out of town. The parties through counsel agreed that mother would pick up the children from Father on March 15, 2009 at 3:00 p.m. When Mother attempted to have the children picked up at Father's house as agreed, Father refused to turn them over to her. Mother was required to again call the police this time who assisted her in having the children returned to her. J. Shortly after Mother's return from her trip on March 15, Mother learned that when she was away, Father and his disabled father, with whom he resides, became involved in an argument during which Father knocked or pushed his father out of his wheelchair and onto the ground, and then proceeds to hit him several times. This incident took place while he was caring for the children and it is believed that the children either witnessed it or could hear it from their location in the paternal grandfather's home. As a result of this conduct Father was recently charged with the crime of simple assault and harassment. As a further result of this conduct, the paternal grandfather called mother's sibling and told him that he felt the children were not safe with Father. 10. Mother believes that Father may be bi-polar, but in any event needs counseling 4 or anger management classes to be able to control his behavior and anger. She also believes that he should have a psychiatric evaluation before he is permitted to exercise his visitation rights on anything but a supervised basis. 11. The only judges involved in this or any companion case were: A. The Honorable J. Wesley Oler, Jr. , who entered custody orders in this case on July 11, 2008, October 22, 2008 and January 25, 2009. B. The Honorable Kevin A. Hess and the Honorable Edward E. Guido who entered the attached PFA Orders. 12. Mother's Attorney provided Father's Attorney with a copy of this petition immediately prior to its filing. contact Father's attorney prior to the filing to this petition because she feared that once Father knew about the filing contacted father's PFA attorney, Mark Bayley, Esquire and asked him to consent to the entry of the requested order. No response has been received as of the filing of this Petition. Wherefore, Petitioner respectfully requests this Honorable Court to enter an Order: A. Requiring Father to have a psychiatric evaluation and to provide a copy of that evaluation report to the Court and to Mother. B. Requiring Father to successful complete an anger management court. C. Suspending Father's partial custody rights pending further Order of Court to be entered after father completes the psychiatric evaluation and the anger management course, or enters into an arrangement satisfactory to mother for the supervision of his custody rights. Respectfully Submitted, r ADC F, ESQUIRE ? f Re i ation No 32112) ` 344 Fin 7% a Road, Camp Hill, PA 17011 Phone: (717) 737-0100 • Fax: (717) 975-0697 Counsel for Plaintiff /Petitioner Dated: March 23. 2009 5 VERIFICATION 1 verify that the statements made in the foregoing document 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 unworn falsification to authorities. KERRI . DIEHL Date: 1?D - D l' CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Nichole M. Staley O'Gorman, Esquire 1719 North Front Street Harrisburg, PA 17102 (Counsel for Respondent) I also certify that on this date I faxed a copy of the foregoing document to Nichole M. Staley O'Gorman, Esquire at her fax number 717-233-1149 C F, ESQUIRE ttorney Regist tion No 32112) 8 Trindle Ro Cam 7011 Email: dianeradcliff@comcast.net Phone: (717) 737-0100 Fax: (717) 975-0697 Counsel for Petitioner Dated: March 23, 2009 7 EXHIBIT "A" 2/15/08 PFA ORDER ,b. Kerri Elizabeth Diehl, : IN THE COURT OF COMMON Plaintiff : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA V. Darin William Diehl, : No. 2008 -935 Defendant CIVIL ACTION - LAW PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Darin William Diehl Defendant's Date of Birth: August 20, 1967 Defendant's Social Security Number: 161-64-2868 Names and Dates of Birth of All Protected Persons, including Plaintiff and minor children: Names Dates of Birth 1. Kerri Elizabeth Diehl August 30, 1970 Plaintiff or Protected Person(s) is/are: [X] spouse or former spouse of Defendant [X] parent of a child with Defendant [X] current or former sexual or intimate partner with Defendant [ ] child of Plaintiff [ ) child of Defendant [ ) family member related by blood (consanguinity) to Defendant [ ] family member related by marriage or affinity to Defendant [ ] sibling (person who shares parenthood) of Defendant [X] current or former cohabitant (person who lives with) Defendant. Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided notice of the time, date and location of the hearing scheduled in this matter. Appearances by Parties and/or Counsel: • Plaintiff appeared personally and is represented by: Jessica Hoist • Defendant appeared personally and is unrepresented. AND NOW, this 14th Day of February, 2008 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: This order is entered by agreement without an admission. Without regard as to how the order was entered, this is a final order of court subject to full enforcement pursuant to the Protection From Abuse Act. Plaintiff s request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to Plaintiff or any other protected person in any place where they might be found. 2. Defendant is completely evicted and excluded from the residence at: 405 North Market Street Mechanicsburg PA 17055 or any other residence where Plaintiff or any other person protected under this order may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this order. 3. Defendant is prohibited from having ANY CONTACT with Plaintiff either directly or indirectly, or any other person protected under this order, at any location, including but not limited to any contact at Plaintiff s or other protected party's school, business, or place of employment. 4. Defendant shall not contact Plaintiff, either directly or indirectly, or any other person protected under this order, by telephone or by any other means, including through third persons. 5. The following additional relief is granted as authorized by §6108 of the Act: Defendant shall not damage, destroy, or dispose of in any manner, any property owned jointly by the parties or solely by the plaintiff. Non-threatening, non-harassing communication between the parties regarding their children shall not be deemed a violation of this order. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Mechanicsburg Borough Police Department East Pennsboro Township Police Department 7. All provisions of this order shall expire in 3 years on February 14, 2011. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S.A. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. A VIOLATION OF THIS ORDER MAY RESULT IN THE REVOCATION OF THE SAFEKEEPING PERMIT, WHICH WILL REQUIRE THE IMMEDIATE RELINQUISHMENT OF YOUR FIREARMS, OTHER WEAPONS AND AMMUNITION TO THE SHERIFF. PLAINTIFF'S CONSENT TO CONTACT BY DEFENDANT SHALL NOT INVALIDATE THIS ORDER WHICH CAN ONLY BE MODIFIED BY FURTHER ORDER OF COURT. 23 Pa.C.S.A. § 6108(g). THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261- 2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. §922(g)(8). NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS The police and sheriff who have jurisdiction over Plaintiff s residence OR any location where a violation of this order occurs OR where Defendant may be located, shall enforce this order. The court shall have jurisdiction over any indirect criminal contempt proceeding, either in the county where the violation occurred or where this protective order was entered. An arrest for violation of paragraphs 1 through 4 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police or any sheriff. 23 Pa.C.S.A. §6113. Subsequent to an arrest, and without the necessity of a warrant, the police officer or sheriff shall seize all firearms, other weapons and ammunition in Defendant's possession that were used or threatened to be used during the violation of the protection order or during prior incidents of abuse and any other firearms in Defendant's possession. The Sheriff of Cumberland County shall maintain possession of the firearms, other weapons or ammunition until further order of this court. When Defendant is placed under arrest for violation of this order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer, sheriff OR Plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, Defendant shall be arraigned, bond set, if appropriate and both parties given notice of the date of the hearing. BY THE COURT 1W, /S 'P66 ,F Date Entered pursuant to the consent of Plaintiftgnd Defendant: ?L Kerri Elizabe Diehl, Plaintiff Gralk'E. D'Alo Geoffrey M. Biringer Jessica Holst Attorney for Plaintiff MidPenn Legal Services 401 East Louther Street Carlisle PA 17013 a'13- Da D illiarn Diehl, Date Defendant VV Date Distribution to: MidPenn Legal Services, Attorney for Plaintiff r, t /h PA 5 Darin William Diehl, Pro Se Defendant -/ham a.?.2cd a??s?o Faxed and Mailed to PSP - .21s/o ' L), cxs `-r y' c:: N EXHIBIT "B" 10/22/08 CUSTODY ORDER dub, KERRI E. DIEHL, Plaintiff V. DARIN W. DIEHL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-4150 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this day of , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated July 11, 2008 is hereby vacated. 2. The Mother, Kerri E. Diehl and the Father, Darin W. Diehl, shall have shared legal custody of Myleah K. Diehl, born September 19, 1994 and Adison W. Diehl, born April 10. 1999. Each parent shall have an equal right, to be exercised jointly with the other parent. to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician.. dentist, teacher or authority and copies of any reports given to them as parents including. but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies ofany notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. Mother shall have primary physical custody of the children. 4. Father shall have the following periods of partial physical custody: A. During the school year: i. Beginning October 24, 2008, three consecutive weekends from Friday at 3:00 p.m. to Sunday at 7:00 p.m. After Father's three weekends, Mother shall have one weekend then Father shall have the next three weekends and continuing thereafter on a 3/1 rotating weekend schedule. It is understood that Myleah will attend her dance class via the carpooling arrangement on Fridays and Father shall pick up Myleah at the dance class at 9:00 p.m. ii. Every Tuesday with both children from 3:00 p.m. to 6:30 p.m. iii. Every Thursday with Adison from 3:00 p.m. to 6:30 p.m. iv. Overnights when Mother is required to work evenings. v. Father shall have physical custody of Adison at 3:00 p.m. on the days that Adison has baseball practice or baseball games, until practice or the game is over. B. During the summer: i. The parties shall have physical custody on a week on/week off schedule with Sunday at 7:00 p.m. being the exchange day and time. Whoever gets the first Sunday after the end of school shall be determined by counting backwards from daughter's summer dance schedule, with Father having the week immediately preceding the start of the summer dance schedule. ii. During Father's week of custody, if Mother is not working during the clay, she shall have physical custody of the children until Father is off of work. >. Holidays as follows: HOLIDAYS AND SPECIAL DAYS TIMES ODD YEARS EVEN YEARS Easter Day 9:00 a.m. to 7:00 p.m. Mother Father Memorial Day 9:00 a.m. to 7:00 p.,m. Father Mother Independence Day 9:00 a.m. to 7:00 p.m. Mother Father Labor Day 9:00 a.m. to 7:00 p.m. Father Mother Thanksgiving 9:00 a.m. to 7:00 p.m. Mother Father Christmas I' Half 12:00 p.m. on 12/24 to 12:00 p.m. 12/25 Father Mother Christmas 2"" Halt 12:00 p.m. on 12/25 to 12:00 p.m. on 12/26 Mother Father Mother's Day 9:00 a.m. to 7:00 p.m. Mother Mother Father's Da} 9:00 a.m. to 7:00 p.m. Father Mother 6. Father shall be responsible for all transportation unless otherwise agreed. Parties are permitted to email each other concerning custodial matters. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, r ICI j ley Oler, Jr., 1. cc: Diane G. Radcliff Esquire, Counsel for Mother Nichole M. Staley O'Gorman, Esquire, Counsel for Moth& I Cir o M?.. LJ 7- KERRI E. DIEHL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-4150 CIVIL ACTION - LAW DARIN W. DIEHL, . Defendant : IN CUSTODY PRIOR JUDGE: J. WESLEY OLER, JR., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Myleah K. Diehl September 19, 1994 Mother Adison W. Diehl April 10, 1999 Mother 2. A Conciliation Conference was held in this matter on October 20, 2008, with the following in attendance: The Mother, Kerri E. Diehl, with her counsel, Diane G. Radcliff. Esquire, and the Father. Darin W. Diehl, with his counsel, Nichole M. Staley O'Gorman, Esquire. 3. A prior Order of Court was entered by the Honorable Kevin A. Hess dated February 15, 2008 in a PFA matter at Docket No. 08-935 providing "non-threatening, non-harassing communication between the parties regarding their children shall not be deemed a violation of this order." The Honorable Edward E. Guido entered an Order of Court in the Indirect Criminal Contempt PFA matter dated July 2, 2008 providing "That he [husband] have no contact whatsoever with his wife. Any contact with the wife in connection with the children shall be through third parties." The Honorable J. Wesley Oler, Jr. entered an Order of Court in the custody matter, dated July 11, 2008 providing for Mother to have custody of the children with Father having every weekend from Saturday at 9:00 a.m. to Sunday at 6:00 p.m. 4. The parties agreed to an Order in the form as attached. They also requested an Order modifying the Contempt Order. 1v Date acq ine M. Verney, Esquire Custody Conciliator EXHIBIT "C" 1/25/09 CUSTODY ORDER KERRI E. DIEHL, Plaintiff V. DARIN W. DIEHL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-4150 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this day of JIR,y , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I . The prior Order of Court dated Oct 22, 2008 shall remain in full force and effect with the following addition and modification: 2. In the event that Mother is working during her period of physical custody, she shall contact Father and offer said time to Father. >. Paragraph 4 A iii is deleted and replaced with: Every Monday with Adison from 3:00 p.m. to 7:00 p.m. 4. This Order is entered pursuant to an agreement of the parties. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. ley Oler, Jr., 61 r. cc: Diane G. Radcliff, Esquire, Counsel for Mother Nichole M. Staley O'Gorman, Esquire, Counsel for Father ?? ?aZ.a • ? o ' :la ?': C KERRI E. DIEHL, Plaintiff V. DARIN W. DIEHL, Defendant PRIOR JUDGE: J. WESLEY OLER, JR., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-4150 CIVIL ACTION - LAW IN CUSTODY 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Myleah K. Diehl Adison W. Diehl September 19, 1994 April 10, 1999 Mother Mother 2. A request by the parties' counsel for the Conciliator to amend the prior Order of Court was received on January 22, 2009. 3. A prior Order of Court was entered by the Honorable J. Wesley Oler, Jr. dated October 22, 2008 providing for shared legal custody, Mother having primary physical custody with Father having three weekends per month during the school year and shared physical custody during the summer. 4. The parties agreed to an Order in the form as attached. /-A-5-o7 Date Jacq ine M. Verney, Esquire Custody Conciliator EXHIBIT "D" 7/2/08 INDIRECT CRIMINAL CONTEMPT ORDER . '.% 'b KERRI ELIZABETH DIEHL, Plaintiff V. DARIN WILLIAM DIEHL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-0935 CIVIL TERM PROTECTION FROM ABUSE IN RE: INDIRECT CRIMINAL CONTEMPT - SENTENCING ORDER OF COURT AND NOW, this 2nd day of July, 2008, the Defendant having admitted that he is in contempt of the Protection from Abuse Order, and having presented himself for sentence, the sentence of the Court is that he pay the costs of prosecution, and undergo imprisonment in the Cumberland County Prison for not less than 10 days nor more than 6 months. The Defendant to be given credit from June 25, 2008. The Defendant shall be paroled, without further order of court, upon confirmation that he has a bed in an inpatient psychiatric facility. The parole shall be with supervision and subject to the following special conditions: 1. That he have no contact whatsoever with his wife. Any contact with the wife in connection with the children shall be through third parties. 2. That he successfully complete his inpatient treatment and not leave the facility until he is medically and psychiatrically fit to be released. If he leaves the facility against medical advice, he is to report directly to the Cumberland County Prison. 3. That he be and remain on good behavior. 4. That he comply with all other directions of his parole officer. In the event that he is not able to secure a bed in an inpatient facility, he shall be paroled without further order of court at 7:00 p.m. on Sunday, July 6, 2008. Said parole shall be with supervision and subject to the above conditions, along with the following: 1. He shall immediately schedule a psychiatric evaluation, make the results and the treatment recommendations available to the Probation Department, and shall comply with all treatment recommendations. Christylee Peck, Esquire! Office of the District Attorney Mark F. Bayley, Esquire - For the Defendant Probation Sheriff CCP Victim - Witn srs t?rwr OF MA•9 PMT 18 "NAWMIM KERRI ELIZABETH DIEHL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-0935 CIVIL TERM DARIN WILLIAM DIEHL, Defendant PROTECTION FROM ABUSE IN RE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this 2nd day of July, 2008, the Defendant having admitted the allegations in the petition, he is found to be in contempt of the Protection from Abuse Order. Christylee Peck, Esquire { Office of the District Attorney Mark F. Bayley, Esquire - Cap, rKut For the Defendant Lccf- I/RhAe Probation 117N Sheriff 1C CCP Victim - Witness i srs By the Court, ff? M JUL -3 PM,12:17 OMAW&P C :? Z008 KERRI ELIZABETH DIEHL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-0935 CIVIL TERM DARIN WILLIAM DIEHL, . Defendant : PROTECTION FROM ABUSE AMENDED ORDER OF COURT AND NOW, this day of October, 2008, upon agreement of the par ties, the Order of Court dated July 2, 2008 at paragraph 1 is hereby amended to read as follows: 1. That he have no contact whatsoever with his wife. Any contact with the wife in connection with the children shall be through third parties, except for email contact with wife concerning custody matters. cc: Christylee Peck, Esquire Office of the District Attorney Mark F. Bayley, Esquire For the Defendant Probation Sheriff CCP Victim-Witness 4?. , N;?7' . C? t?ctward E. Guido, J. KERRI ELIZABETH DIEHL, Plaintiff V. DARIN WILLIAM DIEHL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-0935 CIVIL TERM PROTECTION FROM ABUSE IN RE: INDIRECT CRIMINAL CONTEMPT - SENTENCING AMNDINO ORDLR AND NOW, this 3rd day of July, 2.008, the Order of Court in the above-captioned matter dated July 2, 2008, is amended to reflect that the Defendant shall be paroled at 2:00 p.m. on Sunday, July 6, 2008, rather than at 7:00 p.m. In all other respects, the order shall remain the same. Christylee Peck, Esquire Office of the District Attorney Mark F. Bayley, Esqu For the Defendant Probation Sheriff CCP 1 Victim - Witness srs OF AWTH AruRv 20JUL -T AM If: 16 VM?t _? kd.J T-... '? ?.r,3 4.. e (° ('? ,. 1.:..7 ,? fYl ?,? ? ? •?? , G.3 ""4 ?'> ?? ..,? a MAR 2 4 2000 ? ORiGBrVALG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRI E. DIEHL, Plaintiff NO. Q ?- 41157-6 V. : CIVIL ACTION - LAW DARIN W. DIEHL, DIVORCE/CUSTODY Defendant ORDER Re: Plaintiff's Petition for Emergency Custody Order AND NOW this 21? day of 2 t-L , 2009, upon consideration of the within Petition for Emergency Custody Order, IT IS HEREBY ORDERED that: A Rule is entered upon Respondent to show cause why the relief requested in the attached Petition for Emergency Custody Order should not be granted. Rule Returnable at the hearing to be held on the day of , 2009, _qA at go j , M . , in Courtroom No. 1, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013. Pending the aforesaid hearing on the Petition for Emergency Relief, Respondent's partial custody rights pertaining to the parties' children, Myleah K. Diehl, born 9/19/1994, and Adisson W. Diehl born 4/10/1999 as set forth in the Order of Court dated October 22, 2008 As modified by the Order dated January 25, 2009 are suspended. BY THE COURT: 0 J. Distribution to: Attorney ,lor Plaintiff, Kerri E. Diehl: /111ane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradcliff@comcast.net Phone: (717) 737-0100 Fax: 717-975-0697 Attor y for Defendant, Darin W. Diehl ichole M. Staley O'Gorman, Esquire 1719 North Front Street Harrisburg, PA 17102 Email: nstaley@pklh.com Phone: 717-234-4178 ?,>??, Fax: 717-233-1149 i Y!1 V WOASNiN"ad, /1StV? f S?ViI 1 ? :0114V SZ M 603Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRI E. DIEHL, Plaintiff NO. 6 S 416", V. CIVIL ACTION - LAW DARIN W. DIEHL, DIVORCE/CUSTODY Defendant . STIPULATION AND NOW, this /, - day of QQn / , 2009, the parties, Kerri E. Diehl and Darin W. Diehl, hereby stipulate and agree as follows: 1. The parties stipulate and agree to the terms set forth in the foregoing Order and authorize the Court to enter that Order without a hearing. 2. The only judges involved in this or any companion case were: a. The Honorable J. Wesley Oler, Jr. , who entered custody orders in this case on July 11, 2008, October 22, 2008 and January 25, 2009. b. The Honorable Kevin A. Hess and the Honorable Edward E. Guido who entered the attached PFA Orders. IN WITNESS WHEREOF, the parties hereto, together with their legal counsel, have set their hands and seals t and year below written. (SEAL) DianeSu-R-ade if , Esquire Kerri . Diehl (SEAL) NicJhole M. Stal y O'Gor roan, Esquire Dated: I FLED C, OF THE PROTHONOTARY 2009 APR 17 PH 2: 03 UttiF:µ .'.J v;Y ORIGINAL I APR 2 0 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRI E. DIEHL, Plaintiff . NO. 08-4150 V. DARIN W. DIEHL, Defendant : CIVIL ACTION - LAW : DIVORCE/CUSTODY } ORDER AND NOW this ?C, ' "day of APril 2009, upon consideration of the within StiPulation IT IS HEREBY ORDERED as follows: 1. Darin W. Diehl's rights of partial custody of the parties's children, Myleah K. Diehl, (DOB 9/19/1994), and Adisson W. Diehl (DOB 4/10/1999) set forth in the Orders of Court dated October 22, 2008 and January 25, 2009 are temporarily suspended and replaced with the rights hereafter set forth. 2. Darin W. Diehl shall undergo a Psychiatric Evaluation which shall been deemed to be satisfied by the one he is currently undergoing with Dr. Ahmed. 3. Darin W. Diehl shall follow all of the treatment recommendations of his psychiatrist including, but not limited to taking of any prescribed medication and undergoing any psychological therapy. 4. Darin W. Diehl shalt provide his psychiatrist and any psychologist recommended as part of his treatment with an authorization permitting Kerri E. Diehl to receive information from them pertaining to his compliance with treatment and any issues involving the safety of the children. 5. Darin W. Diehl shall complete an anger management course such as offered and/or recommended through Cumberland County probation. Proof of completion of that course shall be provided to Kerri E. Diehl. 6. Pending further Order of Court, Darin W. Diehl shall have partial custody of the children every Sunday from 12:30 pm until 8:00 pm. 7. In the event either party refuses to transfer custody at the time provided in the Order, then the police having jurisdiction over the party refusing to transfer custody is authorized and directed to remove the children from that party's custody and turn them over to the other party in accordance with the terms of this Order. 8. Upon issuance of a letter from Darin W. Diehl's psychiatrist and any psychologist, that mr. Diehl is compliant with treatment a motion can be presented to the Court asking for the court to terminate this Order. Kerri E Diehl shalt not unreasonably withhold her consent to that termination. If Kerri E. Diehl consents to that termination then this Court shalt enter the Order terminating this temporary Order in which event the suspension of Darin W. Diehl's partial custody rights set forth in the October 22, 2008 and January 25, 2009 Orders of Court shall be immediately reinstated. BY THE COURT: J. Distribution to: Attorn y for Plaintiff, Kerri E. Diehl: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: 717-975-0697 Att9rney for Defendant, Darin W. Diehl Nichole M. Staley O'Gorman, Esquire Purcell, Krug Et Haller 1719 North Front Street Harrisburg, PA 17102-2392 Telephone: 234-4178 Fax 233-1149 ' S m t LL a?eo 112, ? :C Wd 1 Z ddv 6001 r Nichole M. Staley O'Gorman, Esquire ID #78966 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 nstaley@pkh.com KERRI E. DIEHL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-4150 DARIN W. DIEHL, Defendant : DIVORCE/CUSTODY PETITION TO WITHDRAW APPEARANCE The undersigned, Nichole M. Staley O'Gorman, counsel at Purcell, Krug & Haller, respectfully requests this Honorable Court for leave to withdraw her appearance as counsel for Defendant, Darin W. Diehl, and, in support thereof, avers as follows: 1. Petitioner is Nichole M. Staley O'Gorman, counsel for Defendant. 2. Respondents are Darin W. Diehl and Kerri E. Diehl, the parties to the above-captioned action. 3. Defendant, Darin W. Diehl, is an adult individual with a mailing address of 1 Fieldcrest Drive, Mechanicsburg, PA 17050. 4. By engagement letter dated July 21, 2008, Petitioner was hired to represent Defendant in domestic matters, including custody and divorce. 5. Defendant has failed to reply to communications provided by Petitioner. 6. Without cooperation from Defendant, Petitioner is unable to continue to adequately represent Defendant, and requests this Honorable Court grant her Petition to Withdraw as counsel. 7. Defendant has expressed a desire to pursue a course of action which Petitioner finds inconsistent with the Code of Professional Conduct. 8. Defendant has refused to make arrangements with Petitioner for the payment of outstanding fees and expenses. 9. The divorce and custody actions remain pending. They are at a standstill and there are no current matters scheduled and/or pending, and, therefore, neither Plaintiff nor Defendant will suffer prejudice by this withdrawal. 10. The Honorable J. Wesley Oler has previously been assigned to this case. 11. Counsel for Plaintiff does not object to the relief requested. WHEREFORE, for the reasons stated above, Petitioner, Nichole M. Staley O'Gorman, respectfully requests this Honorable Court to grant leave to withdraw her appearance as attorney for Respondent, Darin W. Diehl. PURCFxLL, KRUG & By: Rtichole M. taley O'Go(a'n, Esquire ID #78966 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: ? - M-01 CERTIFICATE OF SERVICE I, Kimberly S. DeFalco, Legal Assistant to Nichole M. Staley O'Gorman, hereby certify that a true and correct copy of the foregoing document was served upon the parties, by sending a copy of the same via first class U.S. Mail to: Darin W. Diehl 1 Fieldcrest Drive Mechanicsburg, PA 17050 Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Kimberly S. DeF , Legal Assistant to Nichole M. Staley O'Gorman, Esquire PURCELL, KRUG & HALLER I.D. No. 78966 DATE: (12 I 19 1 C) Fil Lt'' r OFC_ 1 2 CC9 JUJ,122 Pi° 1 ; `, i .f JUN [ 3 ZpDq,? ' KERRI E. DIEHL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-4150 DARIN W. DIEHL, Defendant DIVORCE/CUSTODY RULE AND NOW, this day of S A h C , 2009, upon consideration of the Petition of Nichole M. Staley O'Gorman, Esquire for Leave to Withdraw as counsel for Darin W. Diehl, a Rule is hereby entered upon Darin W. Diehl and Kerri E. Diehl, to show cause, if any, why the Petition should not be granted and why Nichole M. Staley O'Gorman, Esquire should not be permitted to withdraw as counsel for Darin W. Diehl. RULE RETURNABLE WITHIN IL_ DAYS OF SERVICE. BY THE COURT: Distribution: J. NICHOLE M. STALEY O'GORMAN, ESQUIRE DIANE G. RADCLIFF, ESQUIRE PURCELL, KRUG & HALLER 3448 TRINDLE ROAD 1719 NORTH FRONT STREET CAMP HILL, PA 17011 HARRISBURG, PA 17102-2392 DARIN W. DIEHL a G _ ?3 d 9 1 FIELDCREST DRIVE MECHANICSBURG, PA 17050 ,, i?,-Z; ? ,t? cat ? ,-?? , r.?,,; , ; ?__ , Nichole M. Staley O'Gorman, Esquire I D #78966 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 nstaley@pkh.com KERRI E. DIEHL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-4150 DARIN W. DIEHL, Defendant DIVORCE/CUSTODY MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Defendant's counsel, Nichole M. Staley O'Gorman, Esquire, who moves this Court to make a Rule issued on June 23, 2009, absolute, and, in support thereof, avers the following: 1. On June 22, 2009, a Petition for Leave to Withdraw as Counsel for Defendant was filed by Nichole M. Staley O'Gorman, Esquire of Purcell, Krug & Haller. 2. A Rule to Show Cause was issued on June 23rd, giving Defendant and Plaintiff's counsel 14 days in which to file a responsive pleading. 3. The Rule was served on Defendant and counsel for Plaintiff on June 25, 2009. 4. Plaintiffs counsel, Diane G. Radcliff, indicated she had no objection to Defendant's counsel's withdrawal. 5. Likewise, Darin Diehl has filed no objection. 4. The Honorable J. Wesley Oler has been the judge of record in this case. WHEREFORE, Plaintiff's counsel moves this honorable Court to make the June 23, 2009 Rule absolute and enter an Order granting her permission to withdraw from this matter. PURQ,ELL, KRUG & HALLER By: DATE: -7/ 1 ! 09 I D #789661 `\Ij 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney for Defendant, Darin W. Diehl n, Esquire CERTIFICATE OF SERVICE I, Kimberly S. DeFalco, Legal Assistant to Nichole M. Staley O'Gorman, hereby certify that a true and correct copy of the foregoing document was served upon the parties, by sending a copy of the same via first class U.S. Mail to: Darin W. Diehl 1 Fieldcrest Drive Mechanicsburg, PA 17050 Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 , Kimberly S7 .-D al , Legal Assistant to Nichole M. Sta 'Gorman, Esquire PURCELL, KRUG & HALLER I. D. No. 78966 DATE: `7 110 (0? F 1 L EO 10- THE 2009 r"' ,?u" 13 iat9 ! 1 JUL 14 2009 6? KERRI E. DIEHL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-4150 DARIN W. DIEHL, Defendant DIVORCE/CUSTODY ORDER AND NOW, this day of J 2009, upon consideration of the Defendant's counsel's Petition for Leave to Withdraw as Counsel for Darin W. Diehl, Rule to Show Cause, and Motion to Make Rule Absolute, the Rule dated June 23, 2009, is hereby made absolute and Nichole M. Staley O'Gorman, Esquire, may withdraw as counsel. BY THE COURT: t-1 Distribution: HOLE M. STALEY O'GORMAN, ESQUIRE PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PA 17102-2392 RIN W. DIEHL 1 FIELDCREST DRIVE MECHANICSBURG, PA 17050 V J. ,81A'NE G. RADCLIFF, ESQUIRE 3448 TRINDLE ROAD CAMP HILL, PA 17011 A FLEA-iJ#-'tG OF TfiE f'ROTHOWTARY 7009 JUL 20 PM 3= 31 `?+•-?it..'r?;y'/j?l.??r?v?tiJAUIYt 1 Nichole M. Staley O'Gorman, Esquire ID #78966 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 nstaley@pkh.com KERRI E. DIEHL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-4150 DARIN W. DIEHL, Defendant DIVORCE/CUSTODY PRAECIPE TO WITHDRAW AS COUNSEL TO: PROTHONOTARY Pursuant to the Court's Order of July ]:$ 2009, Nichole M. Staley O'Gorman, Esquire, and Purcell, Krug & Haller withdraw as counsel to Defendant, Darin W. Diehl. Please mark the docket accordingly. PUWELL, KRUG & HALLER By:, Nichole M. Staley 7G?man, Esquire ID #78966 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: '( 1 ?12C)q CERTIFICATE OF SERVICE I, Kimberly S. DeFalco, Legal Assistant to Nichole M. Staley O'Gorman, hereby certify that a true and correct copy of the foregoing document was served upon the parties, by sending a copy of the same via first class U.S. Mail to: Darin W. Diehl 1 Fieldcrest Drive Mechanicsburg, PA 17050 Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Kimberly S. DeF , Legal Assistant to Nichole M. Staley O'Gorman, Esquire PURCELL, KRUG & HALLER I.D. No. 78966 DATE: `7 1 2 -?-- ? C)1 ALFD-l Fif 1"E OF THE RR C)-' _Fn,' OTAPY 2009 JUL 23 Phi 1: G 5 CUM ,Lj i,.uuNTY PENNS wl,?"d!A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS9VAIIAi; 0 -n rn . KERRI E. DIEHL, n co Plaintiff NO. 08-4150 co ?_ ? CIVIL ACTION - LAW V. Q 3 DARIN W. DIEHL, DIVORCE Defendant MOTION FOR APPOINTMENT OF MASTER Kerri E. Diehl, Plaintiff, moves the Court to appoint a Master with respect to the following claims: [x] Divorce [xj Distribution of Property [ ] Annulment [ ] Support [ ] Alimony [ ] Counsel Fees [ ] Alimony Pendente Lite [ ] Costs and Expenses In support of the Motion the Plaintiff states: 1. Discovery is complete with respect to the claims for which the appointment of the Master is requested. 2. The non-moving party previously appeared through his attorney, who subsequently withdrew his appearance, and therefore the Defendant is now pro se. 3. The statutory ground for the divorce is/are: Section 3301 (c) and Section 3301(d) No-Fault. 4. Check the applicable paragraphs: [ ] The action is not contested. [ ] An agreement has been reached with respect to the following claims: [X] The action is contested with respect to the following claims: All Claims 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one (1) day. 7. Additional information, if any, relevant to the • one Date: Z !? DI DCLI , ESQ Atto laintiff ORDER APPOINTING MASTER AND NOW, , 2010, E. Robert Elicker, II, Esquire is appointed Master with respect to the following claims: [x] Divorce [x] Distribution of Property [ ] Annulment [ ] Support [x] Alimony [x] Counsel Fees [x] Alimony Pendente Lite [x] Costs and Expenses BY THE COURT: JUDGE MOVING PARTY Kerri E. Diehl 405 N. Market Street Mechanicsburg, PA 17055 E: kerri.diehlp ,hp.com Work: (717) 972-6459 Cell: (717) 713-8097 Attorney: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradcliff2comcast.net Office: (717) 737-0100 Fax: (717) 975-0697 NON MOVING PARTY Darin W. Diehl 219 W. Marble Street Mechanicsburg, PA 17055 Email: darin.diehl&verizon.net Work: (717) 697-8000 Cell: (717) 448-0958 Attorney: None OR Jr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRI E. DIEHL, Plaintiff V. DARIN W. DIEHL, Defendant NO. 08-4150 0 -; CIVIL ACTION - LAW - DIVORCE/CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 11, 2008. 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. 1 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. 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. Dated: "P,A i d KERR . DIEHL ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRI E. DIEHL, Plaintiff NO. 08-4150 V. CIVIL ACTION - LAW w DARIN W. DIEHL, DIVORCE/CUSTODY Defendant _ 1. I consent to the entry of a final decree in divorce without notice. 2. 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. 3. 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. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. Dated: ///a a? KERR E. DIEHL ".cIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRI E. DIEHL, Plaintiff NO. 08-4150 . - V. CIVIL ACTION -LAW = _ • DIVORCE/CUSTODY DARIN W. DIEHL, Defendant - - =O - :, IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE A COUNTER-AFFIDAVIT WITHIN TWENTY DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on January 7, 2008 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. 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 falsifications to authorities. Date: oz?o KERRI E. DIEHL, Plaintiff ORIGINAL Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRI E. DIEHL, Plaintiff NO. 08-4150 V. CIVIL ACTION - LAW -0 f DARIN W. DIEHL, DIVORCE/CUSTODY o ..__ Defendant < {=' fi a t N INVENTORY OF PLAINTIFF. KERRI E. DIEHL s Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. KERRI E. DIEHL, PLAINTIFF Dated: 1 I ?Z ? / A 10 DI ??CLIFF, ESQUIRE 34 oad Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Email: dianeradcliff@comcast.net Supreme Court JD 932112 Dated: Z? ASSETS AND LIABILITIES OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets and debts on the following pages: (X) 1. Real Property and Real Estate Mortgages (x) 2. Motor Vehicles and Vehicle Liens () 3. Stocks, Bonds, Securities and Options () 4. Certificates of Deposit (x) 5. Checking Accounts, Cash (x) 6. Savings Accounts, Money Market and Savings Certificates () 7. Contents of Safe Deposit Boxes () 8. Trusts () 9. Life Insurance Policies O 10. Annuities () 11. Gifts O 12. Inheritances () 13. Patents, Copyrights, Inventions, Royalties () 14. Personal Property Outside the Home () 15. Business () 16. Employment Termination Benefits-Severance Pay, Worker's Compensation () 17. Profit Sharing Plans (x) 18. Pension Plans (indicate employee contribution and date plan vests) (x) 19. Retirement Plans, Individual Retirement Accounts O 20. Disability Payments () 21. Litigation Claims (matured and unmatured) () 22. MilitaryN.A. Benefits () 23. Education Benefits () 24. Debts Due, including loans, mortgages held O 25. Household Furnishings and Personalty O 26. Other Assets (x) 27. Loans, Credit Cards and Other Debts -2- INFORMATIONAL NOTES AND CODES "I" denotes that the entry (value) is verified by a document. 2. " *" denotes documents/information to be supplied by the designated party. "X" denotes an item about which a decision is required. 4. "NM" denotes non-marital property not subject to equitable distribution. 5. The values used in the various Tables herein may, in some cases, be based on estimated values. Those estimated values are subject to adjustment upon appraisal or otherwise. 6. Any adjustment figures used in the various tables herein are for illustration purposes only and are not to be deemed a representation on the part of the Plaintiff as to whether an adjustment should be made or the amount of the adjustment, if any is appropriate. -3- SECTION I. BACKGROUND INFORMATION The following Table #1 sets forth the background information relevant to this case: TABLE #1-A PARTIES DESCRIPTION HUSBAND WIFE Name Darin W. Diehl Kerri E. Diehl Maiden Name Swartz Address 219 W. Marble Street, Mechanicsburg, PA 405 N. Market Street Mechanicsburg, PA Work Phone No. (717) 697-8000 (171) 972-6459 Cell Phone No. (717) 448-0958 (717) 713-8097 E-mail darin.diehl(cgverizon.net kerri.diehlphp.com Date of Birth 8/20/1967 8/30/1970 Age 42 39 Place of Birth Pennsylvania Pennsylvania Race Caucasian Caucasian Health Status Bipolar; High Blood Pressure Good Educational Background Some College Some College Names and Relationship of Persons Living with Party Unknown Myleah K. Diehl Adisson W. Diehl Date Moved to Current Residence 1/2010 7/1/1994 Date PA Residency Began 1991 All Life Current Military Service N/A N/A Employer's Name Square D HP Enterprise Services Occupation (Job Position) Fork Lift Operator Information Analyst Date Employment Commenced 1998 5/16/1988 Est. Income $30,000.00 F $65,000.00 "I -4- TABLE #1-B MARRIAGE INFORMATION DESCRIPTION INFORMATION Date of Marriage 12/10/1994 Place of Marriage Mechanicsburg, PA Date of Separation 1/7/2008 Statement of Marital Problems PFA entered against Husband; ongoing abuse Grounds for Divorce No Fault/Indignities Prior Divorce Actions Between Parties No Number of this Marriage for Wife 1 Number of this Marriage for Husband 1 TABLE #1-C CHILDREN OF THIS MARRIAGE NAME AGE DATE OF BIRTH SCHOOL GRADE CUSTODIAN OR EMANCIPATION Myleah K. Diehl 15 9/19/1994 10 Wife Addison W. Diehl 10 4/10/1999 5 Wife TABLE #1-D SUPPORT FOR THIS MARRIAGE DESCRIPTION INFORMATION Name of Party Paying Support N/A Beneficiaries of Support N/A Amount of Support N/A Date of Agreement or Order N/A Effective Date of Order N/A Docket Number of Support Order N/A -5- TABLE #I-H PROCEEDINGS INFORMATION: COMPLAINT Complaint Filing Date 7/11/2008 Date of Service 8/2/2008 Manner of Service Certified Mail/Restricted Delivery Type of Divorce Requested 3301(c); 3301(d); 3301(a)(6) Economic Claims Raised Equitable Distribution; ANSWER, COUNTERCLAIM AND/OR OTHER PLEADING RAISING ECONOMIC CLAIMS Type of Pleading N/A Pleading Filing Date N/A Type of Divorce Requested N/A Economic Claims Raised N/A INCOME AND EXPENSE STATEMENTS Plaintiffs I&E Statement Filing Date Concurrent with this filing Defendant's I&E Statement Filing Date None INVENTORIES Plaintiff's Inventory Filing Date This filing Defendant's Inventory Filing Date None 3301 C DOCUMENTS Plaintiffs 3301(c) Affidavit Date Concurrent with this filing Plaintiffs 3301(c) Affidavit Filing Date Concurrent with this filing Defendant's 3301(c) Affidavit Date None Defendant's 3301(c) Affidavit Filing Date None Plaintiffs 3301(c) Waiver of Notice Date Concurrent with this filing Plaintiffs 3301(c) Waiver Filing Date Concurrent with this filing Defendant's 3301(c) Waiver of Notice Date None [Defendant's 3301(c) Waiver Filing Date None -6- TABLE #1-H PROCEEDINGS INFORMATION: 3301 D DOCUMENTS Date of Physical Separation 1/7/2008 Physical 2 Year Separation Date 1/7/2010 Plaintiffs 3301(d) Affidavit Date TBD Plaintiffs 3301(d) Affidavit Date Filing Date TBD 3301 (D) Affidavit Service Date TBD Manner of Service of 3301(d) Affidavit Regular Mail Date of Plaintiffs Notice of Intent to Request Entry of Divorce Decree and Praecipe to Transmit Record Pending Plaintiffs Notice to Request Entry of Divorce Decree and Praecipe to Transmit Record Service Date Pending Manner of Service of Plaintiffs Notice to Request Entry of Divorce Decree and 3301(d) Counter Affidavit Pending BIFURCATION Has the case been bifurcated? No Date of decree granting bifurcation N/A If bifurcation granted by consent or after hearing N/A -7- SECTION II. MARITAL ASSETS AND DEBTS TABLE #2 MARITAL ASSETS AND DEBTS Kerri Diehl vs. Darin Diehl DOM: 12/10/1994 • DOS (Physical): 1/7/2008 Date Prepared: October 27, 2009 A Ln No B. Ref Owner Description Date Distribution Distribution To Distribution To Value Husband Wife 4 REAL ESTATE AN]) VEAL ESTATE MORTGAGES 5 RE-1 it 405 N. Market Street, Mechanicsburg, PA 150,000.00 150,000.00 6 RE-1 it Countrywide Mtg. #5901 12. 16.08 (98,304.05) (98,304.05) 7 RE-1 it Countrywide Equity #7838 12.16.08 (15,051.89) (15,051.89) 8 Comments- * Estimated Net Value n $36,644.06 9 MOTOR VEMCLES'AND VEHICLE LIENS 10 V-1 it 1999 Plymouth Voyager 12. 16.08 2,125.00 2,125.00 11 Comments: > Wife's primary use; > NADA rough avg TIV @ 1475; avg TIV @ 2125; clean TIV @ 2650 12 V-2 H 2006 Toyota Tacoma 1.09 15,525.00 15,525.00 13 V-2 H Chase Auto #2206 10.27.08 (18, 409.81) (18,409.81) 14 Comments: NADA Average TIV 15 V-3 H 1987 Oldsmobile -- 0.00 0.00 16 Comments: )'-Minimal Value - Husband can have 17 CASH, CHECKING ACCOUNTS AND SAVINGS ACCOIMS 1S A-1 it EDS Main Savings #0 1.1.08 19.08 19.08 19 A-1 it EDS Target Savings #20 1.1.08 50.03 50.03 20 A-1 it EDS Checking #75 1.7.08 832.36 832.36 21 A-1 it EDS Free Checking #901 1.1.09 59.74 59.74 22 23 A-2 H Member's 1" checking 1.7.08 53.28 53.28 24 A-2 H Member's V savings 1.7.08 5.00 5.00 25 26 RETIREMENT PLANS 27 RET-1 W EDS JP Morgan 401K 1.31.08 35,689.54 35,689.54 28 RET-1 w 401K loan 1.31.08 (2,555.95) (2,555.95) 29 -8- TABLE #2 MARITAL ASSETS AND DEBTS Kerri Diehl vs. Darin Diehl DOM: 12/10/1994 • DOS (Physical): 1/7/2008 Date Prepared: October 27, 2009 Ln N B. Ref Owner Description Date Distribution Value Distribution To Husband Distribution To if 30 RET-2 W EDS Pension Plan 5.15.09 28, 620.05 28,620..05 31 32 RET-3 H Schneider Electric Retirement Plan 1.1.08 62,540.50 62,540.50 33 RET-3 H Loan 1.1.08 (3,738.11) (3,738.11) 34 35 HOUSEHOLD GOODS, FURNISHINGS, TOOLS, PERSONAL EFFECTS ETC. 36 HG-1 H Household Goods TBD TBD 37 38 HG-2 w Household Goods TBD TBD 39 40 ASSET TOTALS 41 Total of :assets 157,459.77 5;.975.86 101,483.91 42 LOANS, CREDIT CARDS AND OT..HRRD"TS 43 D-1 w Household Bank#6445 1.5.08 (974.82) (974.82) 44 45 D-2 H Household Bank #6042 1.11.08 (173.75) (173.75) 46 47 D-3 H Best Buy #4788 1.1.08 (196.16) (196.16) 48 49 DEBT TOTALS 50 Total of Debts (1,344.73) (369.91) (974.82) 51 NET TOTALS 52 Asset Totals from above 157,459.77 55,975.86 101,483.91 53 Less Debt Totals from Above (1,344.731 369.91 97( 4.82) 54 Net Total • Assets Minus Liabilities 156,115.04 55,605.95 100,509.09 -9- SECTION III. LISTING OF HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY The following Tables #3-A and # 3-11 set forth the household goods and contents and other personal property of the parties: ', z Plaintiff does not believe that the "AS IS' distribution of the parties's household goods and contents is in dispute. Therefore Tables #3-A and #3-B have not been completed. TABLE #3-A HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY IN HUSBAND'S POSSESSION NO. DESCRIPTION OWNER POSSESSOR VALUE DATE VALUE BASIS FOR EXCLUSION IF NON- MARITAL H & W Husband -- Comments: TOTAL HUSBAND'S POSSESSION TABLE #3-B HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY IN WIFE'S POSSESSION NO. DESCRIPTION OWNER POSSESSOR VALUE DATE VALUE BASIS FOR EXCLUSION IF NON- MARITAL H & W Wife -- Comments: TOTAL WIFE'S POSSESSION Note: Exclusions from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person. The value of each item has been estimated by Plaintiff unless otherwsise noted. -10- SECTION IV. NON-MARITAL ASSETS AND DEBTS The following Table #4 sets forth the non-marital assets and debts of the parties: s,a Plaintiff does not believe that there are any non-marital assets. Therefore Table #4 has not been completed. TABLE #4 NON-MARITAL PROPERTY AND DEBTS Ln No B. Ref Owner Description Value Date Gross Value Non-Marital Value Marital Value Basis for Exclusion If Claimed to Be Non- Marital Method of Valuation & Supporting Documents None 3Note: Exclusions from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person. 4The value of each item has been estimated by Plaintiff unless otherwise noted. -11- SECTION V. PROPERTY TRANSFERRED The following Table #5 is Plaintiffs listing of all property which was transferred within 3 years of the date of the commencement of this action or was transferred since the date of separation: Plaintiff does not believe that there has been any property transferred for less than FMV during the 3 year period prior to the commencement of the action. Therefore, Table S has not been completed. TABLE #5 PROPERTY TRANSFERRED NO. DESCRIPTION OF PROPERTY TRANSFER DATE CONSIDERATION TRANSFEROR TRANSFEREE None -- Comments: -- Comments: -- Comments: -- Comments: -- Comments: -12- CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Darin W. Diehl 1 Fieldcrest Drive Mechanicsburg, PA 17050 (Defendant, Pro Se) DIANE G. RADCLIFF, ESQUIRE (Attorney Registration No 32112) 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradcliff &.comcast.net Phone: (717) 737-0100 Fax: (717) 975-0697 Counsel for Plaintiff Dated: -13- C ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRI E. DIEHL, V. Plaintiff NO. 08-4150 CIVIL ACTION - LAW DARIN W. DIEHL, Defendant DIVORCE/CUSTODY N - 0 r mr;, M a c n INCOME AND EXPENSE STATEMENT OF KERRI E. DIEHL I verify that the facts set forth in the following Income and Expenses Form, including all attachments thereto, 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: I 11b KERRI E. DIEHL - 1 - PART I_ INCOME EMPLOYMENT INFORMATION: Employer: HP Enterprise Services, 225 Grandview Ave, Camp Hill, PA 17011 Pay Period: Semi-Monthly Type of work information Analyst INCOME DESCRIPTION SEMI-MONTHLY MONTHLY YEARLY INCOME: Gross Income $2,393.00 $5,184.83 $62,218.00 Subtotal income $2,393.00 $5,184.83 $62,218.00 MANDATORY DEDUCTIONS FICA $148.00 $296.00 $3,552.00 Medicare $35.00 $70.00 $840.00 Federal Tax $389.00 $778.00 $9,336.00 State Tax $73.00 $146.00 $1,752.00 Local Tax $24.00 $48.00 $576.00 PaSUI (Unemployment) $1.00 $2.00 $24.00 PaE. $2.00 $4.00 $48.00 Subtotal Mandatory Deductions $672.00 $1,344.00 $16,128.00 INSURANCE Medical Insurance $93.00 $186.00 $2,232.00 Dental Insurance $18.00 $36.00 $432.00 Vision Insurance $6.00 $12.00 $144.00 Subtotal Insurance $117.00 $234.00 $2,808.00 VOLUNTARY DEDUCTIONS Voluntary Retirement $24.00 $48.00 $576.00 Subtotal Voluntary Deductions $24.00 $48.00 $576.00 SUMMARY Income $2,393.00 $5,184.83 $62,218.00 Mandatory Deductions ($672.00) ($1,344.00) ($16,128.00) Insurance ($117.00) ($234.00) ($2,808.00) Voluntary Deductions ($24.00) ($48.00) ($576.00) NET INCOME $1,580.00 $3,558.83 $42,706.00 -2- OME OTHER DESCRIPTION MONTHLY YEARLY Interest £t Dividends $0.00 $0.00 Pensions £t Annuities $0.00 $0.00 Social Security $0.00 $0.00 Rents $0.00 $0.00 Royalties $0.00 $0.00 Expense Account $0.00 $0.00 Gifts $0.00 $0.00 Employer Fringe Benefits $0.00 $0.00 Unemployment Or Workman's Compensation $0.00 $0.00 Support or Alimony (not this case) $0.00 $0.00 Commissions or Tips $0.00 $0.00 Other $0.00 $0.00 TOTAL OTHER INCOME $0.00 $0.00 - 3 - PART II EXPENSES QESCI lPTtOM' ESTIJ T D" ,'. OtNTI{" "A M, COMMEt+TS HOME EXPENSES: First Mortgage $970.00 Home Equity Loan/Line of Credit $60.00 Maintenance and Repairs Electric $124.00 Gas $150.00 Home Telephone $30.00 Cell Phone $35.00 Water $40.00 Sewer/Trash $50.00 Sewer/Trash combined EMPLOYMENT AND NON-MANDATORY EMPLOYMENT DEDUCTIONS Public Transportation Lunches $100.00 TAXES: Real Estate Taxes Municipal (Spring) $52.83 No Mortgage Escrow ($634.00 year) Real Estate Taxes School (Fall) $123.91 No Mortgage Escrow ($1,487.00 year) Per Capita Tax $0.83 $10.00 per year Occupation Tax $4.00 $48.00 per year INSURANCE: Homeowners Insurance $30.83 No Mortgage Escrow ($370.00 year) Automobile Insurance $47.33 $568.00 year Life Insurance $2.00 $24.00 year Medical Insurance Private Non-Employment Dental Insurance Private Non-Employment Vision Insurance Private Non-Employment AUTOMOBILE EXPENSES: Payments Fuel $150.00 Maintenance and Repair $35.00 License and Registration $3.00 $36.00 year -4- .',DESCRIPTION ESTIMATED AMdUNTklO. COMMENTS , MEDICAL EXPENSES NOT REIMBURSED BY INSURANCE: Doctor $5.00 Optical/Vision $25.00 Dental $10.00 Orthodontic Medicine/ Prescriptions $5.00 Hospital Special Needs/Therapy Etc. EDUCATIONAL EXPENSES: Private or Parochial School College Et Vocational Religious Training or Education Books, Fees Et Supplies $10.00 Other Educational Expenses $245.00 Dance lessions - Myleah (I applied for a scholarship which now pays for 1/2 tuition) PERSONAL EXPENSES: Clothing $100.00 Food $400.00 Barber Et Hair Dresser $50.00 Memberships Other Personal Expenses CREDIT CARDS AND LOANS: EDS Credit Card $34.00 Balance @ $1,924.00 Radio Shack Card $10.00 Balance C $100.00 HSPC Card $20.00 Balance @ $1,000.00 Personal Loan $127.00 Balance @ $3,000.00 MISCELLANEOUS EXPENSES: Household Help Child Care Newspapers, Magazines Et Books $10.00 Entertainment $100.00 - 5 - DESCRIPTION' ESTIMA"I © AMOUNT%MO. ` COMMENTS Pay TV $40.00 Vacations $100.00 Gifts $50.00 Legal Fees $200.00 Charitable Contributions Other Child Support Not this case Other Spousal Support or Alimony Not this case TOTAL EXPENSES $3,549,73 -6- PART III. PROPERTY OWNED PROPERTY OWNED OWNERSHIP ;T TYPE DESCRIPTION VALUE H W JT Checking $160.00 x Savings $225.00 x Credit Union Stocks/bonds Real Estate $150,000.00 x Other Secondary checking $117.00 x Other TOTAL 150, 502.00 PART IV. INSURANCE INSURANCE INFORMATION COVERAGE TYPE COMPANY POLICY NO. H W C Hospital Medical (Prescription) United Healthcare 866483324227037 x x Health Accident Disability Income x Dental Delta Dental 05660-00102 x x Vision Eyemed MV0000187193601 x x Other-Specify (Medical) Aetna 476699 ID 1J176904215 x x *H=Husband; W=Wife; J=Joint; C=Child -7- PART V. SUPPLEMENTAL INCOME STATEMENT [ I ] CHECK HERE IF NOT APPLICABLE (a) This form is to be filled out by a person: (1) Who operates a business or practices a profession, or (2) Who is a member of a partnership or joint venture, or (3) Who is a shareholder in and is salaried by a closed corporation or similar entity. (b) Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity (check block to indicate the document is attached): (1) The most recent Federal Income Tax Return. [ ] attached (2) The most recent Profit and Loss Statement. [ ] attached (c) Name of Business: Business Address: (d) Nature of Business (check one) [ ] 1. Sole Proprietorship [ ] 2. Partnership [ ] 3. Joint Venture [ ] 4. Professional [ ] 5. Corporation [ ] 6. Other (e) Name of accountant, controller or other person in charge of financial records: (f) Buy 1. 2. 3. 4. 5. Business Telephone: iness Income: Annual income from business: How often is income received: Gross income per pay period: Net income per pay period: Specify deductions, if any: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSKV?IIA Y C? KERRI E. DIEHL, M Plaintiff NO. 08-4150 tr" 1 cr rr V. CIVIL ACTION - LAW N I DARIN W. DIEHL, DIVORCE ? cn Defendant cn MOTION FOR APPOINTMEN 0/ T OF MASTER Kerri E. Diehl, Plaintiff, moves the Court to appoint a Master with respect to the following claims: [x] Divorce ] Distribution of Property [ ] Annulment [ ] Support [ ] Alimony [ ] Counsel Fees [ ] Alimony Pendente Lite [ ] Costs and Expenses In support of the Motion the Plaintiff states: 1. Discovery is complete with respect to the claims for which the appointment of the Master is t d reques e . 2. The non-moving party previously appeared through his attorney, who subsequently withdrew appearance and therefore the Defenda t i his , n s now pro se. 3. The statutory ground for the divorce is/are: Section 3301 (c) and Section 3301(d) No-Fault. 4. Check the applicable paragraphs: [ ] The action is not contested. [ ] An agreement has been reached with respect to the following claims: [X] The action is contested with respect to the following claims: All Claims 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one (1) day. 7. Additional information, if any, relevant to the Date: I,- / Z 6 ORDER APPOINTING MASTER co? AND NOW, 9 , 2010, E. Robert Elicker, II, Esquire is appointed l?rlastemith -? respect to the ollowing clain s: r -? <__ y rs', [x] Divorce [x] Distribution of Property =s - [ ] Annulment [x] Alimony [x] Alimony Pendente Lite CO ? g s rn? t a/r4 /0 [ ] Support [x] Counsel Fees [x] Costs and Expenses BY THE COURT: R JUDGE n FTI I ? fr'1 ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRI E. DIEHL, Plaintiff . NO. 08-4150 v. DARIN W. DIEHL, Defendant : CIVIL ACTION - LAW : DIVORCE AFFIDAVIT OF SERVICE OF PLAINTIFF'S 3301(D) AFFIDAVIT I, Diane G. Radcliff, Esquire, being duly sworn according to law, depose and say that on February 11, 2010 1 served a true and correct copy of the Plaintiff's 3301(d) Affidavit upon the upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Darin W. Diehl 219 W. Marble Street Mechanicsburg, PA 17055 (Defendant, Pro Se) Sworn to and subscribed before me this 9th day of March, 2010. Notary Public . RADCLIFF, ESQ IR Attorney for Plaintiff COMMONW i LI N Op Pt-NNSYLV601 + Notarial Seal Public Deborah L. DorieY, Notary 011 23,2 My Corr E ? 01 Member, Pennsylvania Association of Notaries .,.' T THp = c. ?? ? rC;?QT?y 20 P 0P, 192 1 6 Pleading: Plaintiff's Pre-Trial Statement Prepared and Submitted by: Diane G. Radcliff, Esquire, Attorney for Plaintiff Previously Assigned Judge in Divorce Case: J. Wesley Oler, Jr. (Divorce & Custody Orders) Previously Assigned Judges in PFA Case # 2008.0935: Kevin A. Hess and Edward E. Guido Appearance For Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 Email: dianeradcliffaacomcast.net • Phone: 717-737-0100 • Fax: 717-975-0697 Appearance For Defendant: Darin W. Diehl, Pro Se, 219 W. Marble Street, Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRI E. DIEHL, V. DARIN W. DIEHL, PLAINTIFF'S PRE-TRIAL STATEMENT Submitted By: DIANl?G. C FF, ESQUIRE (Attorn6q-F?tion No 32112) 3448 Trindle Road, Camp Hill, PA 17011 Email: _dianeradcliff Dcomcast.net Phone: (717) 737-0100 - Fax: (717) 975-0697 Counsel for Plaintiff, Kerri E. Diehl Dated: March 19, 2010 Plaintiff : NO. 08-4150 CIVIL ACTION - LAW DIVORCE Defendant TABLE OF CONTENTS SECTION DESCRIPTION PAGE - Informational Notes 2 1. Background Information 3 II. Listing of Marital Assets and Debts 5 III. Listing of Personal Property 10 IV. Listing of Non-Marital Assets and Debts 11 V. Pensions 11 VI. Incomes and Expenses 12 VII. Counsel Fees and Costs 13 VIII. Expert Witnesses 14 IX. Other Witnesses 14 X. Proposed Resolution 15 Xl. Listing of Proposed Exhibits 16 XII Proposed Exhibits Supplement' INFORMATIONAL NOTES 1. "T' denotes that the entry (value) is verified by a document. 2. "*" denotes documents/information to be supplied by the designated party. 3. "X" denotes an item about which a decision is required. 4. "NM" denotes non-marital property not subject to equitable distribution. 5. The values used in the various Tables herein may, in some cases, be based on estimated values. Those estimated values are subject to adjustment upon appraisal or otherwise. 6. Any adjustment figures used in the various tables herein are for illustration purposes only and are not to be deemed a representation on the part of the Plaintiff as to whether an adjustment should be made or the amount of the adjustment, if any is appropriate. 'Copies of Exhibits are being provided to the Divorce Master and the Defendant. As per local practice they are not being filed with the Prothonotary. 2 SECTION I. BACKGROUND INFORMATION The following Table #1 sets forth the background information relevant to this case: TABLE #1 -A PARTIES 0114t'1ON HUSBAND Name Darin W. Diehl Kerri E. Diehl Maiden Name -- Swartz Address 219 W. Marble Street, Mechanicsburg, PA 405 N. Market Street Mechanicsburg, PA Work Phone No. (717) 697-8000 (717) 972-6459 Cell Phone No. (717) 448-0958 (717) 713-8097 E-mail dahn.diehl(a.verizon.net kerri.diehl&p.com Date of Birth 8/20/1967 8/30/1970 Age 42 39 Place of Birth Pennsylvania Pennsylvania Race Caucasian Caucasian Health Status Bipolar; High Blood Pressure Good Educational Background Some College Some College Names and Relationship of Persons Living with Party Unknown Myleah K. Diehl Adisson W. Diehl Date Moved to Current Residence 1/2010 7/1/1994 Date PA Residency Began 1991 All Life Current Military Service N/A N/A Employer's Name Square D HP Enterprise Services Occupation (Job Position) Fork Lift Operator Information Analyst Date Employment Commenced 1998 5/16/1988 Est. Income $30,000.00 $57,432.00 TABLE #1-B MARRIAGE INFORMATION DESCRFI'fi'M IN Date of Marriage 12/10/1994 Place of Marriage Mechanicsburg, PA Date of Separation 1/7/2008 Statement of Marital Problems PFA entered against Husband; ongoing abuse Grounds for Divorce No FaulYindignities Prior Divorce Actions Between Parties No Number of this Marriage for Wife 1 Number of this Marriage for Husband 1 TABLE #1-C CHILDREN OF THIS MARRIAGE NAME AGE {SATE OF BIRT14 SCHOOL Gam' . TON Myleah K. Diehl 15 9/19/1994 10 Wife Adisson W. Diehl 10 4/10/1999 5 Wife TABLE #1-D SUPPORT FOR THIS MARRIAGE FOR SPOUSE AND/OR CHILDREN I"t :R11- I KJN INFOfWA Name of Party Paying Support N/A Beneficiaries of Support N/A Amount of Support N/A Date of Agreement or Order N/A Effective Date of Order N/A Docket Number of Support Order N/A TABLE #1-H PROCEEDINGS INFORMATION: COMPLAIWT Complaint Filing Date 7/11/2008 Date of Service 8/2/2008 Manner of Service Certified Mail/Restricted Delivery Type of Divorce Requested 3301(c); 3301(d); 3301(a)(6) Economic Claims Raised Equitable Distribution 'ANSWER, COUNTERCLAIM AND/OR OTHER PLEADING RAISWG ECONO*C CL-VMS Type of Pleading N/A Pleading Filing Date N/A Type of Divorce Requested N/A Economic Claims Raised N/A INCOME AND EXPENSE STATEMENTS Plaintiffs I&E Statement Filing Date 2/4/10 Defendant's I&E Statement Filing Date None INVENTORIES Plaintiffs Inventory Filing Date 2/4110 Defendant's Inventory Filing Date None 3301 C DOCUMENTS Plaintiffs 3301(c) Affidavit Date 2/2/10 Plaintiffs 3301(c) Affidavit Filing Date 2/4/10 Defendant's 3301(c) Affidavit Date None Defendant's 3301(c) Affidavit Filing Date None Plaintiffs 3301(c) Waiver of Notice Date 2/2/10 Plaintiff's 3301(c) Waiver Filing Date 2/4/10 Defendant's 3301(c) Waiver of Notice Date None Defendant's 3301(c) Waiver Filing Date None TABLE #1-H PROCEEDINGS INFORMATION: 3301 D DOCUMENTS Date of Physical Separation 1/7/2008 Physical 2 Year Separation Date 1/7/2010 Plaintiff's 3301(d) Affidavit Date 2/2/10 Plaintiffs 3301(d) Affidavit Date Filing Date 2/4/10 3301(D) Affidavit Service Date 2/11/10 Manner of Service of 3301(d) Affidavit Regular Mail Date of Plaintiffs Notice of Intent to Request Entry of Divorce Decree and Praecipe to Transmit Record Pending Plaintiffs Notice to Request Entry of Divorce Decree and Praecipe to Transmit Record Service Date Pending Manner of Service of Plaintiffs Notice to Request Entry of Divorce Decree and 3301(d) Counter-Affidavit Pending BIFURCATION Has the case been bifurcated? No Date of decree granting bifurcation N/A If bifurcation granted by consent or after hearing N/A SECTION II. MARITAL ASSETS AND DEBTS The following Table #2 sets forth the listing of the parties' marital assets and debts. TABLE Kerri Diehl vs. Darin Diehl DOM: 12/10/1994 • DO$ (Physicalk 117/2008 Date Prenared: March 9 2010 A B C D E F G Ln Binder Description Date of Distribution Value Distribution to Distribution to Wife No Ref Value Husband 4 FIXED ASSETS (NON-RETIREMENT) 6 RE-1 405 N. Market Street, Mechanicsburg 150,000.00 150,000.00 7 RE-1 Countrywide Mtg. #5901 12.16.08 (98,304.05) (98,304.05) 8 RE-1 Countrywide Equity #7838 12.16.08 (15,051.89) (15,051.89) 9 [117 )P- Home has not yet been appraised 7V-1H's 1999 Plymouth Voyager 12.16.08 2,125.00 2,125.00 mary use; NADA rough avg TIV @ 1475; avg TIV @ 2125; clean TIV @ 2650 13 V-2 2006 Toyota Tacoma 1.09 15,525.00 15,525.00 14 V-2 Chase Auto #2206 10.27.08 (18,409.81) (18,409.81) 15 NIADA Average TIV 16 V-3 1987 Oldsmobile - 0.00 0.00 0.00 17 19 >Minim A-1 al Value - Husband may have y Jt. EDS Main Savings #0 1.1.08 7 08 19.08 20 A-1 Jt. EDS Target Savings #20 1.1.08 50.03 50.03 21 A-1 A. EDS Checking #75 1.7.08 832.36 832.36 22 A-1 it. EDS Free Checking #901 1.1.09 59.74 59.74 23 24 A-2 H's Member's 1s' checking 1.7.08 53.28 53.28 25 A-2 H's Member's 1S'savings 1.7.08 5.00 5.00 26 27 TOTALS FOR FIXED ASSETS (NON-RETIREMENT) 28 Total of Assets 36,903.74 (2,826.53) 39, 7 30.27 7 TABLE #2 Kerri Diehl vs, Darin Diehl DOM:12110/1994 • DOS (Physical}:_ 11712008 A B c D E F G Ln No Binder Ref Description Date of Distribution Value Value Distribution to Distribution to Wife Husband 30 32 RETIREMENT PLANS RET-1 EDS JP Morgan 401 K 3.31.09 29,325.67 29,325.67 33 RET-1 401K loan 1.31.08 (2,555.95) (2,555.95) 34 35 RET-2 EDS Pension Plan 5.15.09 28, 620.05 28,620.05 36 37 RET-3 Schneider Electric Retirement Plan 1.1.08 62,540,50 62,540.50 38 RET-3 Loan 1.1.08 (3,738,11) (3,738.11) 39 40 TOTALS FOR RETIREMENT PLANS 41 - Totals for Retirement Plans 114,192.16 58,802.39 55,389.77 A / I 43 45 DEBTS D-1 W's Household Bank #64MM"r' 'W 45 1.5.08 (974:82) (974.82) 46 47 D-2 H's Household Bank #6042 1.11.08 (173.75) (173.75) 48 49 D-3 Best Buy #4788 1.1.08 (196.16) (196.16) 50 51 DEBT TOTALS 52 Total of Debts (1,344.73) (369.91) (974.82) 54 NET TOTALS 55 Fixed Asset Totals from Above 36,903.74 (2,826.53) 39,730.27 56 Retirement Plans from Above 114,192.16 58,802.39 55,389.77 57 Less Debt Totals from Above 1 344.73 369.91 974.82 58 Net Total • Assets Minus Liabilities 149,751.17 55,605.95 94,145.22 8 TABLE #2 Kerri Diehl vs, Darin Diehl DOM:12110/1994 • DOS (Physica: 117/2008 Date Pre ared: rch 9 20110 A B c D E F G Ln No Binder Ref Description Date of Value Distribution Value Distribution to Husband Distribution to Wife 60 ADJUSTMENT F OV ERALL 5*50 1VIS1ON 61 Net Total • Assets Minus Liabilities From Above 149,751.17 149,751.17 149,751.17 62 Amount Due Parties in 50/50 Division 74,875.59 74,875.59 63 Less Total Assigned to Parties From Above 55 605.95 94145.22 64 50/50 Division Adjustment Amount 19,269.64 (19,269.64) SECTION III. LISTING OF HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY 2 Ike following Tables #3-A and # 3-13 set forth the household goods and contents and other personal property of the parties: Plaintiff does not believe that the "AS IS' distribution of the parties's household goods and contents is in dispute. Therefore, Tables #3-A and #3-B have not been completed. TABLE #3-A HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL' PROPERTY IN HUSBAND'S POSSESSION NO. DESCRIPTION OWNER POSSESSOR VALUE DATE VALUE BASIS FOR EXCLUSION IF NOW MARITAL N/A H & W Husband TOTAL HUSBAND'S POSSESSION TABLE #3-B HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY IN WIFE'S POSSESSION NO. DESCRIPTION OWNER POSSESSOR VALUE DATE VALUE BASIS FOR EXCLUSION IF NOW MARITAL N/A H & W Wife TOTAL WIFE'S POSSESSION Note: Exclusions from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person. The value of each item has been estimated by Plaintiff unless otherwsise noted. 10 SECTION IV. NON-MARITAL ASSETS AND DEBTS The following Table #4 sets forth the non-marital assets and debts of the parties: ass Plaintiff does not believe that there are any non-marital assets. Therefore, Table #4 has not been completed. TABLE #4 NON-MARITAL PROPERTY AND DEBTS D E F G H I J Description Value Date Gross Value Non-Marital Value Marital Value Basis for Exclusion If Claimed to Be Non- Marital Method of Valuation & Su rtin Documents None SECTION V. PENSIONS AND RETIREMENT BENEFITS The following Table #5 sets forth the listing of the pensions and retirement plans of the parties: TABLE #5 RETIREMENT' PLANS NO DESCROPT01 DATE OF MARITAL VALUE MARITAL VALUE OF BENEFITS TOTAL VALUE OF BOOM WO"Ml= OR OdMA49W H 1 EDS 401 K 1.31.08 35,689.54 Statements 1.1 EDS 401 K Loan 1.31.08 (2,555.95) Statements 2 EDS Pension Plan 5.15.09 28,620.05 Statements 3 Schneider Electric Retdement Plan 1.1.08 62,540.50 Unknown Statement 3.1 Schneider Electric Loan 1.1.08 (3,738.11) Unknown Statement 4Note: Exclusions from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person. 5The value of each item has been estimated by Plaintiff unless otherwise noted. 11 SECTION VI. INCOME AND EXPENSES The following Table #6-A sets forth the income of the Plaintiff: Defendant has not yet filed an Income Statement so his income and deductions therefrom is unknown. It is, however, believed that his income is $30,000 per year +/-. As reported on her Income and Expense Statement, Plaintiff has monthly expenses of $3,549.73 Defendant has not filed an Income and Expense Statement so his monthly expenses are unknown. 12 SECTION VII. COUNSEL FEES The following Table #7 sets forth the listing of the counsel fees and expenses incurred by Plaintiff if a claim has been made for counsel fees and costs: TABLE #7 COUNSEL FEES AND COSTS aI 4*dN DATES, BILLS AND 00AM Dates Services Were Rendered 7/2008 to 3/31/2010 Hourly Rate $200.00 Costs At Cost Total Amount of Fees and Costs Incurred 7/1/08 to 3/10110 $9,027.51 Anticipated Fees and Costs $2,000 to $4,000 Itemization of Services Rendered See itemized billing statement attached in Exhibit Section 13 SECTION VIII. EXPERT WITNESSES The following Table #8 sets forth the listing of the experts who the party intends to call to testify in this case: TABLE #8 EXPERT WITNESSES NAME SUBJECT O TESTIMONY REPORT ATTACHED To BE &A*LIED Experts who prepared any To be determined Report is attached if and If not currently available, report referenced in the to extent such report is Report to be supplied as Proposed Exhibits in Section referenced in Exhibit soon as available XI and XII. ** Section. "Additional experts who may be called to testify are not known at this time. Plaintiff reserves the right to call additional expert witnesses upon proper notification to the other party once those expert witnesses are identified and retained. SECTION IX. OTHER WITNESSES The following Table #9 sets forth the listing of the anticipated witnesses other than experts who will be called to testify in this case: TABLE #9 LAY WITNESSES MAME ABJECT OF TESTIME W Kerri Diehl History of the marriage; Identification and valuation of marital assets and debts; Other relevant testimony relating to the factors set forth in the divorce code *"Additional witnesses who may be called to testify are not known at this time. Plaintiff reserves the right to call additional witnesses upon proper notification to the other party once those witnesses are identified and agree to testify. 14 SECTION XI. PROPOSED RESOLUTION The following is Plaintiffs proposed resolution of the issues presented in this case: A. DIVORCE: A No-fault Divorce Decree should be entered under either section 3301c or 3301d. B. EQUITABLE DISTRIBUTION: The parties' marital assets and debts should be divided and distributed on an equal basis 50% to Wife and 50% to Husband and in accordance with the schedule set forth in Section II of this Pre-Trial Statement: 15 SECTION XII. PROPOSED EXHIBITS The following Table #11 sets forth Plaintiffs listing the proposed exhibits to be submitted at the hearing in this case. Exhibits are attached or to be supplied as indicated below. 6 TABLE #1'1 LISTING OF EXHIBITS IO DESCRIPTION ATTACHED TO BE PROVIDED 1 Wife's Income and Expense Statement X 2 Wife's Pay Stubs X Update 3 Wife's 2009 Federal Tax Returns X 4 Wife's Attorneys Fees Statement X Update at hearing 5 Marital Home Real Estate Appraisal if needed 6 Marital Home Mortgage Statements X X 7 Marital Home Equity Loan Statements X X 8 EDS Credit Union Account #$0002 Statement X 9 Member's 1If FCU Account #8209 Statement X 10 EDS 401 K Statements and Analysis X 11 McGarry Pension Value of EDS pension X 12 Schneider Electric Retirement Plan Statements X 13 Household Bank #6445 Statement X 14 Household Bank # 6042 Statement X 15 Best Buy #4788 Statement X 16 Husband's Income and Expense Statement TBP by Husband 17 Husband's Pay Stubs TBP by Husband 18 Husband's 2009 Federal Tax Returns TBP by Husband 6Plaintiff reserves the right to submit additional exhibits upon proper notification to the other party. 16 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: D rin W. Diehl 219 ?. Marble Street Mechanicsburg, PA 17055 (Defendant, Pro Se) DI E G. RAC IFF, ESQUIRE 34 ad Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Plaintiff Dated: March 19, 2010 17 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRI E. DIEHL, Plaintiff NO. 08-4150 V. CIVIL ACTION - LAW DARIN W. DIEHL, DIVORCE/CUSTODY Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 11, 2008. 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. 1 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. 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. Dated: OG -/D Ao ' L". L- ZZ-4jj KERRI E. DIEHL r_ 5. -77 V ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRI E. DIEHL, Plaintiff NO. 08-4150 V. CIVIL ACTION - LAW DARIN W. DIEHL, DIVORCE/CUSTODY Defendant . 1. 1 consent to the entry of a final decree in divorce without notice. 2. 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. 3. 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. I verify that the statements made in this Waiver 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: OG KERRI E. DIE r, cam, ? -.-r ?- -re IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRI E. DIEHL, Plaintiff NO. 08-4150 V. CIVIL ACTION - LAW DARIN W. DIEHL, DIVORCE/CUSTODY Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 11, 2008. 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. 1 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 that false statements herein are made subject relating to unsworn falsification to authorities ,10, I Dated: L -0 / and correct. I understand alt of 18 . Section 4904 N W. DXHL ,T' L - (u T C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRI E. DIEHL, Plaintiff NO. 08-4150 V. CIVIL ACTION - LAW DARIN W. DIEHL, DIVORCE/CUSTODY Defendant 1. I consent to the entry of a final decree in divorce without notice. 2. 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. 3. 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. I verify that the statements made in this Waiver are true that false statements herein are made subjec the penalties to unsworn falsification to authorities. 7 Dated: U RD 1 0- DARIN W1 DIEHL rect. I understar .C.S. 84904 relati 4 r. a e r ` -.a.. -CT .f fi KERRI E. DIEHL, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08 - 4150 CIVIL DARIN W. DIEHL, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of 2010, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated June 10, 2010, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: -? Diane G. Radcliff Attorney for Plaintiff .,?Thomas M. Clark Attorney for Defendant I.:GI l ES' n'io`t.llc nn '04 A Kev' A. Hess, P.J. cn ty . -< DARIN W. DIEHL, : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-4150 KERRI E. DIEHL, CIVIL ACTION -LAW n Respondent IN CUSTODY c n f , yi Z(- PETITION FOR MODIFICATION X ry OF CUSTODY ._, AND NOW COMES, Darin W. Diehl, by and through his attorney, Thomas M . Clark, Esquire, of Colgan Marzzacco, LLC, and files the instant Petition for Modification of Custody, and in support thereof, avers as follows: 1. The Petitioner is Darin W. Diehl, who currently resides at 219 W. Marble Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Respondent is Kerri E. Diehl, who currently resides at 405 North Market Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Petitioner seeks shared physical custody of the following children: Myleah K. Diehl, born September 19, 1994 and Adisson W. Diehl, born March 10, 1999. The children are presently in the physical custody of Respondent. 4. During the past five years, the children have resided with the following persons and at the following addresses: 4 ?0.00 Pp ATt^/ C4 3(a 85 P#, X441,33 Dates Address Persons A. Birth to January 2008 405 North Market Street Mechanicsburg, PA 17055 Father/Mother B. January 2008 to Present 405 North Market Street Mechanicsburg, PA 17055 Mother The mother of the children is Kern E. Diehl, currently residing at 405 North Market Street, Mechanicsburg, Pennsylvania 17055. The father of the children is Darin W. Diehl, currently residing at 219 West Marble Street, Mechanicsburg, Pennsylvania 17055. 5. The relationship of Petitioner to the children is that of Father. 6. The relationship of Respondent to the children is that of Mother. 7. On April 20, 2009, the Honorable J. Wesley Oler, Jr., issued an Order granting Respondent primary physical custody of the minor children and Petitioner visitation of the minor children on Sundays (a copy of the Order is attached hereto as Exhibit A as if fully set forth herein). Petitioner has no information of any other custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 8. Petitioner does not know of a person not a party to the proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting Petitioner shared legal custody and shared physical custody of the children. 10. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. Dates Address Persons A B. Birth to January 2008 January 2008 to Present Mother The mother of the children is Kerri E. Diehl, currently residing at 405 North Market Street, 405 North Market Street Mechanicsburg, PA 17055 405 North Market Street Mechanicsburg, PA 17055 Father/Mother Mechanicsburg, Pennsylvania 17055. The father of the children is Darin W. Diehl, currently residing at 219 West Marble Street, Mechanicsburg, Pennsylvania 17055. 5. The relationship of Petitioner to the children is that of Father. 6. The relationship of Respondent to the children is that of Mother. 7. On April 20, 2009, the Honorable J. Wesley Oler, Jr., issued an Order granting Respondent primary physical custody of the minor children and Petitioner visitation of the minor children on Sundays (a copy of the Order is attached hereto as Exhibit A as if fully set forth herein). Petitioner has no information of any other custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 8. Petitioner does not know of a person not a party to the proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting Petitioner shared legal custody and shared physical custody of the children. 10. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. 11. The Honorable J. Wesley Oler, Jr., signed the last Order in this case. WHEREFORE, Petitioner respectfully requests This Honorable Court to award shared legal custody and shared physical custody of the minor children. By: Dated: Respectfully submitted, 130 West Church Street Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Fax: (717) 502-5050 Thomas M. Clark, Esquire Attorney ID # 85211 EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRI E. DIEHL, Plaintiff ; NO. 611- 41 To V. CIVIL ACTION - LAW DARIN W. DIEHL, DIVORCE/CUSTODY Defendant . STIPULATION AND NOW, this 19W day of , 20Q2, the parties, Kerri E. Diehl and Darin W. Diehl, hereby stipulate and agree as follows: 1. The parties stipulate and agree to the terms set forth in the foregoing Order and authorize the Court to enter that Order without a hearing. 2. The only judges involved in this or any companion case were: a. The Honorable J. Wesley Oler, Jr. , who entered custody orders in this case on July 11, 2008, October 22, 2008 and January 25, 2009. b. The Honorable Kevin A. Hess and the Honorable Edward E. Guido who entered the attached PFA Orders. IN WITNESS WHEREOF, the parties hereto, together with their legal counsel, have set their hands and seals t4eday and year below written. 4 -A.A? d- , A jj (SEAL) Kerri . Diehl (SEAL) NicpO)-Ie M. Sta! y O'Gor"n, Esquire Dated: FILED-Cir;CE OF THE PPGTHL^MTf RY 2009 APR 17 PM 2: 03 PENNSYLVANIA ORIGINAL APR S 0 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRI E. DIEHL, V. DARIN W. DIEHL, Plaintiff : NO. 08-4150 : CIVIL ACTION - LAW : DIVORCE/CUSTODY Defendant ORDER AND NOW this ZodaY of April, 2009, upon consideration of the within Stipulation, IT IS HEREBY ORDERED as follows: 1. Darin W. Diehl's rights of partial custody of the parties's children, Myleah K. Diehl, (DOB 9/19/1994), and Adisson W. Diehl (DOB 4/10/1999) set forth in the Orders of Court dated October 22, 2008 and January 25, 2009 are temporarily suspended and replaced with the rights hereafter set forth. 2. Darin W. Diehl shall undergo a Psychiatric Evaluation which shalt been deemed to be satisfied by the one he is currently undergoing with Dr. Ahmed. 3. Darin W. Diehl shall follow all of the treatment recommendations of his psychiatrist including, but not limited to taking of any prescribed medication and undergoing any psychological therapy. 4. Darin W. Diehl shalt provide his psychiatrist and any psychologist recommended as part of his treatment with an authorization permitting Kerri E. Diehl to receive information from them pertaining to his compliance with treatment and any issues involving the safety of the children. 5. Darin W. Diehl shall complete an anger management course such as offered and/or recommended through Cumberland County probation. Proof of completion of that course shall be provided to Kerri E. Diehl. 6. Pending further Order of Court, Darin W. Diehl shall have partial custody of the children every Sunday from 12:30 pm until 8:00 pm. 7. In the event either party refuses to transfer custody at the time provided in the Order, then the police having jurisdiction over the party refusing to transfer custody is authorized and directed to remove the children from that party's custody and turn them over to the other party in accordance with the terms of this Order. 8. Upon issuance of a letter from Darin W. Diehl's psychiatrist and any psychologist, that mr. Diehl is compliant with treatment a motion can be presented to the Court asking for the court to terminate this Order. Kerri E Diehl shall not unreasonably withhold her consent to that termination. If Kerri E. Diehl consents to that termination then this Court shall enter the Order terminating this temporary Order in which event the suspension of Darin W. Diehl's partial custody rights set forth in the October 22, 2008 and January 25, 2009 Orders of Court shatt be immediately reinstated. BY THE COURT: J. Distribution to: Attorqpy for Plaintiff, Kerri E. Diehl: /Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hitt, PA 17011 Phone: (717) 737-0100 Fax: 717-975-0697 Attorney for Defendant, Darin W. Diehl ?Nichole M. Staley O'Gorman, Esquire Purcell, Krug Et Haller 1719 North Front Street Harrisburg, PA 17102-2392 Telephone: 234-4178 Fax 233-1149 A112 6/0 7 VINVAIAI-NNC-ld Sh :£ Nd I Z SO 5002 AWIONu U d ?Hi :10 DARIN W. DIEHL, Respondent VS. KERRIE E. DIEHL, Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. CIVIL ACTION -LAW IN CUSTODY VERIFICATION I, DARIN W. DIEHL, 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. Date: l o J_ I, )__ KERRI E. DIEHL, V. DARIN W. DIEHL, JUL 14 ZM9 ? IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4150 Defendant DIVORCE/CUSTODY ORDER AND NOW, thisi day of , 2009, upon consideration of the Defendant's counsel's Petition for Leave to Withdraw as Counsel for Darin W. Diehl, Rule to Show Cause, and Motion to Make Rule Absolute, the Rule dated June 23, 2009, is hereby made absolute and Nichole M. Staley O'Gorman, Esquire, may withdraw as counsel. BY THE COURT: Distribution: 096HOLE M. STALEY O'GORMAN, ESQUIRE PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PA 17102-2392 AX91-N W. DIEHL 1 FIELDCREST DRIVE MECHANICSBURG, PA 17050 Nk J. ,-WANE G. RADCLIFF, ESQUIRE 3448 TRINDLE ROAD CAMP HILL, PA 17011 I RWOTICF OF 7HE PRGT?MTARY 2M9 AL 20 PM 3: 3 At?A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRI E. DIEHL, V. DARIN W. DIEHL, Plaintiff NO. 08-4150 CIVIL ACTION - LAW DIVORCE/CUSTODY N m C= Him Defendant TO THE PROTHONOTARY: PRAECIPE OF 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 OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of Filing of Complaint: 07/11/2008 b. Manner of Service of Complaint: Certified Mail/Restricted Delivery C. Date of Service of Complaint: 08/02/2008 3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: 06/10/2010 b. Defendant: 06/10/2010 4. RELATED CLAIMS PENDING: No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated June 10, 2010, which Agreement is to be incorporated into but not merged with the Divorce Decree. 5. DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiff's Waiver: 6/10/2010 b. Defendant's Waiver: 6/10/2010 DCLIFF, ESQUIRE r-PfAK--G-- V dle Road Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 DAKiN W. DIEHL IN THE COURT OF COMMON PLEAS OF Pl_.AtNT1FF CUMBERLAND COUNTY, PENNSYLVANIA v. • 2008-4150 CIVIL ACTION LAW KERRI E. DIEHL i)i:f t;NDf1NT IN CUSTODY ORDER OF COURT AtiI) NOS', Monday, June 28, 2010 _ upon consideration of the attached Complaint, it is hereb}~ directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland Count Courthouse, Carlisle on Tuesday, July 27, 2010 at 8:30 AM _. _ _-..._ y - - - - ....... - -...- ---..__~_._ __ _._._~.__...~_ _ .___.._ ....._____-___- __ __ -... tau- <i Pre-F1eai~~in,,~ Custody Conference. At such conference, an effort will be made to resolve tllc issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary orcfcr. I~ai~ure to appeai° at the conference may provide grounds for entry of a temporary or permanent order. ~l'he court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours actor to scheduled hearing. FOR THE COURT, Bv: /s/ ,jac~uelineM. Verney, Esq~~.______- Custody Conctliat<)r I~he C`o~u~t of~ C ommon Pleas of Cumberland County is required by law to comply with the Americans ~1iih Uisabilites Act of ! 990. For information about accessible facilities and reasonable accommodations a~~ailahle to disabled individuals having business before the court, please coi~ltact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE 'HIS PAPER "TO YOUR A"I'TORNEY AT ONCE. IF YOU DO X31' l1AV1: AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFF~E S~' ~i FOR~~I~F~~f BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ..~~ c_.. s~ <~-~ r ' ~ i-,,z ~ Cumberland County Bar Association ' -' •"- ~;~ t9 :'~$• l0 Cer-~-, c ~t`t~o~;, fed ~' ~'~: ~ ';~: 32 South Bedford Street r- - ,• ~Gt,.C• Carlisle, Pennsylvania 17013 ~;~- ° ~ =~- Telephone (717) 249-3166 ~~ r.,, Co ~~• l o t~ o-1i c~ cY~ l e ~ ~ ~~~~~• ~ • a&•• t o co>~~ ~I.~ec..~~ n v,~~s ~ I-e. • KERRI E. DIEHL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DARIN W. DIEHL NO. 08-4150 DIVORCE DECREE AND NOW, ~',,.~, ~ Z 9 Z o ~ , it is ordered and decreed that KERRI E. DIEHL plaintiff, and DARIN W. DIEHL ,defendant, are divorced from the bonds of matrimony. 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.") No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated June 10, 2010, which Agreement is to be incorporated into but not merged with the Divorce Decree. By the Court, Co •3 O • (p /l~ v-~ ~- AUG 2 7 2010 DARIN W. DIEHL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-4150 CIVIL ACTION - L AW KERRI E. DIEHL, /` }•?J Defendant : IN CUSTODY cf, s _Z> :. ORDER OF COURT Z r' AND NOW, this 2 ? day of Q 2010, upori? --? _ consideration of the attached _ Custodv Conciliation Re rt, it is ordered and directed as follows: 1. The prior Orders of Court dated July 11, 2008, October 22, 2008 and April 20, 2009 are hereby vacated. 2. The Mother, Kerri E. Diehl and the Father, Darin W. Diehl, shall have shared legal custody of Myleah K. Diehl, born September 19, 1994 and Adison W. Diehl, born April 10, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the children. 4. Father shall have the following periods of partial physical custody. A. Beginning September 3, 2010, alternating weekends from Friday at 3:00 p.m. to Sunday at 7:00 p.m.. Father's weekends shall be extended to Monday at 7:00 p.m. if the children have a school holiday on that Monday. B. During the week following Mother's weekend, Tuesday from 3:00 p.m. to 8:00 p.m. C. During the week following Father's weekend, Wednesday from 3:00 p.m. to 8:00 p.m. D. Such other times as the parties agree. 5. Each party shall be entitled to two non-consecutive, uninterrupted weeks in the summer, to coincide with their alternating weekend schedule, provided they give the other party 30 days notice. 6. Each party shall have the right to first refusal when the custodial parent is away from home overnight. 7. Holidays as follows, except in 2010, Father shall have physical custody of the children during the Christmas Holiday from 12:00 noon on Christmas Day to 12:00 noon on December 28: HOLIDAYS AND SPECIAL DAYS TIMES ODD YEARS EVEN YEARS Easter Day 9:00 a.m. to 7:00 p.m. Mother Father Memorial Day 9:00 a.m. to 7:00 p.,m. Father Mother Independence Day 9:00 a.m. to 7:00 p.m. Mother Father Labor Day 9:00 a.m. to 7:00 p.m. Father Mother Thanksgiving 9:00 a.m. to 7:00 p.m. Mother Father Christmas I" Half 12:00 p.m. on 12124 to 12:00 p.m. 12/25 Father Mother Christmas.2nd Half 12:00 p.m. on 12/25 to 12:00 p.m. on 12/26 Mother Father Mother's Day 9:00 a.m. to 7:00 p.m. Mother Mother Father's Day 9:00 a.m. to 7:00 p.m. Father Mother Father shall be responsible for all transportation unless otherwise agreed. 6. Neither party shall use the children as intermediaries regarding the physical custody schedule. 7. The parties are permitted to email or send letters to each other concerning custodial matters. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, t J. Wesley Oler, Jr., ccAane G. Radcliff, Esquire, Counsel for Mother /homas M. Clark, Esquire, Counsel for Father y C" ?O ro J. DARIN W. DIEHL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-4150 CIVIL ACTION - LAW KERRI E. DIEHL, Defendant : IN CUSTODY PRIOR JUDGE: J. WESLEY OLER, JR., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Myleah K. Diehl September 19, 1994 Mother Adison W. Diehl April 10, 1999 Mother 2. A Conciliation Conference was held in this matter on August 26, 2010, with the following in attendance: The Father, Darin W. Diehl, with his counsel, Thomas M. Clark, Esquire, and the Mother, Kerri E. Diehl, with her counsel, Diane G. Radcliff, Esquire. 3. Prior Orders of Court were entered by the Honorable J. Wesley Oler, Jr. dated July 11, 2008, October 22, 2008 and April 20, 2009 providing for shared legal custody, Mother having primary physical custody and Father variously having every weekend, three out of four weekends and every Sunday 12:00 noon to 8:00 p.m. 4. The parties agreed to an Order in the form as attached. Date acq line M. Verney, Esquire Custody Conciliator 'r't rj~ rrt-il..G t++ i w,~,~TAp,Y ~~j" 9 E.~_ , e , c ;vr 1.~..I .: 4 ~ {` , , ~. i ~ 'tG' f'~~"11IAY"~' ~Iro i ~# r ! 1a.i ^. DARIN W. DIEHL, IN THE COURT OF COPI~I1Vl~C~1't1~1~.~AS Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.08-4150 KERRI E. DIEHL, :CIVIL ACTION -LAW Respondent IN CUSTODY PETITION FOR CONTEMPT AND MODIFICATION OF CUSTODY AND NOW COMES, Darin W. Diehl, by and through his attorney, Thomas M. Clark, Esquire, of Colgan Marzzacco, LLC, and files the instant Petition for Contempt and Modification of Custody, and in support thereof, avers as follows: 1. The Petitioner is Darin W. Diehl, who currently resides at 219 W. Marble Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Respondent is Kern E. Diehl, who currently resides at 405 North Market Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Petitioner seeks shared physical custody of the following children: Myleah K. Diehl, born in September 1994 and Adisson W. Diehl, born in March 1999. 4. The relationship of Petitioner to the children is that of Father. 5. The relationship of Respondent to the children is that of Mother. 6. On August 27, 2010, the Honorable J. Wesley Oler, Jr., issued an Order granting Respondent primary physical custody of the minor children and Petitioner partial physical of the e~ 4oRa ~~ a~9ayq minor children (a copy of the Order is attached hereto as Exhibit A as if fully set forth herein). 7. Petitioner has no information of any other custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 8. Petitioner does not know of a person not a party to the proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting Petitioner shared legal custody and shared physical custody of the children. 10. Each parent whose 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. 11. Father avers that Mother is in willful contempt of the Order enumerated above for the following reasons: a) Father was to exercise his period of custody of the children for the weekend of September 17, 2010, through September 19, 2010. b) On this weekend Father did exercise custody of the parties' son, however, Mother did not turn over custody of the parties' daughter. c) The weekend of September 17, 2010, was daughter's birthday weekend and Father had special plans for her birthday. d) Leading up to the weekend of September 17, 2010, daughter asked Father about spending the weekend with her friends, to which Father was not in agreement. e) Father later learned that despite Father's request that daughter spend the weekend with him, Mother allowed daughter to spend the weekend with her friends. f) Mother also failed to turn over custody of daughter on September 28, 2010, and for the weekend of October 1, 2010, through October 3, 2010. 12. Father has incurred attorneys' fees for the within Petition for Modification and Contempt for which he deserves to be reimbursed. WHEREFORE, Petitioner/Plaintiff respectfully requests this Honorable Court to: a. Modify the existing Order of Court to provide him with shared physical custody of the minor children; b. To hold Mother in contempt of court for her failure to adhere to the custody provisions of the previously entered Orders of Court; c. To award Father the attorney's fees and costs he has and will incur in the preparation, presentation and prosecution of the within Petition for Contempt and Modification of Custody; and d. Grant such other relief as this Court deems appropriate. Respectfully submitted, By: Dated: Io ro COLG ZACCO LLC Thomas M. Clark, Esquire Attorney ID # 85211 130 West Church Street Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Fax: (717) 502-5050 DARIN W. DIEHL, Respondent vs. KERRIE E. DIEHL, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4150 CIVIL ACTION -LAW IN CUSTODY VERIFICATION I, DARIN W. DIEHL, verify that the statements made in this Petition 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. ~,,,<LD EXHIBIT A auc ~ ~ zoo DARIN W. DIEHL, Plaintiff V. KERRI E. DIEHL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2008-4150 IN CUSTODY ORDER OF COURT CIVIL ACTION -LAW AND NOW, this ~Tr1 day of 20l o, upon consideration of the attached Custody Concilia ' Report, it is ordered and directed as follows: 1. The prior Orders of Court dated July 11, 2008, October 22, 2008 and April 20, 2009 are hereby vacated. 2. The Mother, Kem E. Diehl and the Father, Darin w. Diehl, shall have shared legal custody of Myleah K. Diehl, born September 19, 1994 and Adison w. Diehl, born April 10, 1999. Each parent shall have an equal right, to be exercised jointly with the other pazent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regazding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that pazent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medicaUtreatmentplarming meetings and evaluations with regazd to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as pazents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracumculaz activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the children. 4. Father shall have the following periods of partial physical custody: A. Beginning September 3, 2010, alternating weekends from Friday at 3:00 p.m. to Sunday at 7:00 p.m.. Father's weekends shall be extended to Monday at 7:00 p.m. if the children have a school holiday on that Monday. B. During the week following Mother's weekend, Tuesday from 3:00 p.m. to 8:00 p.m. C. During the week following Father's weekend, Wednesday from 3:00 p.m. to 8:00 p.m. D. Such other times as the parties agree. 5. Each party shall be entitled to two non-consecutive, uninterrupted weeks in the summer, to coincide with their alternating weekend schedule, provided they give the other party 30 days notice. 6. Each party shall have the right to first refusal when the custodial parent is away from home overnight. 7. Holidays as follows, except in 2010, Father shall have physical custody of the children during the Christmas Holiday from 12:00 noon on Christmas Day to 12:00 noon on December 28: HOLIDAYS AND SPECIAL DAYS TIlVIES ODD YEARS EVEN YEARS Easter Day 9:00 a.m. to 7:00 p.m. Mother Father Memorial Day 9:00 a.m. to 7:00 p.,m. Father Mother Independence Day 9:00 a.m. to 7:00 p.m. Mother Father Labor Day 9:00 a.m. to 7:00 p.m. Father Mother Thanksgiving 9:00 a.m. to 7:00 p.m. Mother Father Christmas 1 # Half 12:00 p.m. on 12/24 to 12:00 p.m. 12J25 Father Mother Christmas 2°d Half 12:00 p.m. on 12/25 to 12:00 p.m. on 12/26 Mother Father Mother's Day 9:00 a.m. to 7:00 p.m. Mother Mother Father's Day 9:00 a.m. to 7:00 p.m. Father Mother 5. Father shall be responsible for all transportation unless otherwise agreed. 6. Neither party shall use the children as intermediaries regarding the physical custody schedule. 7. The parties are permitted to email or send letters to each other concerning custodial matters. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. Wesley Oler, Jr., ~J. cc: Diane G. Radcliff, Esquire, Counsel for Mother Thomas M. Clark, Esquire, Counsel for Father TRU~1 M Teatim~orfy, andths seh T ts, ~ ~CORO ~n- into Nt my fwi0 atCN~M. Pa. ,~~ 20 ~. DARIN W. DIEHL, Plaintiff V. KERRI E. DIEHL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2008-4150 CIVIL ACTION -LAW IN CUSTODY PRIOR JUDGE: J. WESLEY OLER, JR, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME -DATE OF BIRTH CURRENTLY IN CUSTODY OF Myleah K. Diehl September 19, 1994 Mother Adison W. Diehl April 10, 1999 Mother . 2. A Conciliation Conference was held in this matter on August 26, 2010, with the following in attendance: The Father, Darin W. Diehl, with his counsel, Thomas M. Clazk, Esquire, and the Mother, Kerri E. Diehl, with her counsel, Diane G. Radcliff, Esquire. 3. Prior Orders of Court were entered by the Honorable J. Wesley Oler, Jr. dated July 11, 2008, October 22, 2008 and April 20, 2009 providing for shazed legal custody, Mother having primary physical custody and Father variously having every weekend, three out of four weekends and every Sunday 12:00 noon to 8:00 p.m. 4. The parties agreed to an Order in the form as attached. ~-~,~_,a ~.~ Date acq line M. Verney; Esquire Custody Conciliator DARIN W. DIEHL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-4150 CIVIL ACTION LAW KERRI E. DIEHL DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, October. 08, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, November 09, 2010 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ jacqueline M. Verney, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE S ET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 10'l r! /d t . ?6py &4 32 South Bedford Street 'of r. Carlisle, Pennsylvania 17013 = ' ? 1 ' Telephone 717 249-3166 G -' --? . '?- ? ? !-rte,., ?• ?, ? ? ? _ QD } .? DARIN W. DIEHL, IN THE COURT OF COMMON PLEAS Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.08-4150 KERRI E. DIEHL, :CIVIL ACTION -LAW Respondent IN CUSTODY ACCEPTANCE OF SERVICE I, Diane G. Radcliff, Esquire, Attorney for the Defendant, accept service of the Plaintiffl s Petition for Contempt and Modification of Custody and Order of Court filed October 6, 2010, scheduling aPre-Heazing Custody Conference for Thursday, November 11, 2010 at 9:30 a.m. I certify that I am authorized to accept service on behalf of said, Defendant, Michelle Eutzy. ~" Date: 0.. 1c~ ) Diane do ' ,Esquire Atto I 2112 3448 Trindle Road Camp Hill, PA 17011 (717) 737-0100 (717) 975-0697 ~ ~ -~ ci rear-~- cn r" '~: ~p -i= O-~ 3~~ O O "`^f h.? D "~ CD ~7 -C s . ' F "- 1 c .7 r"? 1 G F-E i s L ?a ? ORIGINAL Pleading Description: Custody Answer and Counterclaim Prepared and Submitted by: Diane G. Radcliff, Esquire, Attorney for Plaintiff Previously Assigned Judge: The Honorable J. Wesley Oter, Jr. Appearance For Plaintiff: Diane G. Radcliff Esquire, 3448 Trindle Road Camp Hill PA 17011 Email: dianeradc(iff@comcast.net • Phone: 717-737-010b a Fax: 717-975-0697 Appearance For Defendant: Thomas Clark Esquire, 130 W. Church Street Suite 100 Dillsburgg, PA 17109 Phone: 502-5660 - TF: 800-615-0115 - Fax: 562-5050 • Email: tclarkCcmlawl.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRI E. DIEHL, Plaintiff NO. 08-4150 V. : CIVIL ACTION - LAW DARIN W. DIEHL, CUSTODY Defendant ANSWER TO DEFENDANT'S PETITION FOR CONTEMPT AND MODIFICATION OF CUSTODY AND PLAINTIFF'S COUNTERCLAIM FOR MODIFICATION OF CUSTODY AND FOR CONTEMPT ORDER Plaintiff /Mother, Kerri E. Diehl, by her Attorney, Diane G. Radcliff, Esquire files this Answer and Counterclaim referenced above as is more fully hereinafter set forth. ANSWER TO DEFENDANT'S PETITION 1. Admitted. - 1 - A . 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied. It is specifically denied that the best interest of the children would be served by granting Defendant/ Father shared physical custody of the children. 10. Admitted. 11. Denied. It is specifically denied that Plaintiff /Mother is in willful contempt of the Order and Plaintiff /Mother responds to the averments set forth in subparagraphs a. - f. of paragraph 11 of Defendant/ Father's Petition as follows: a. Admitted. b. Denied. This was an issue between Defendant/ Father and daughter. Plaintiff /Mother was not involved in the custody exchange or in any refusal on the part of the daughter. On the contrary when daughter first voiced her refusal to attend, Plaintiff /Mother told daughter to discuss it with Defendant/ Father and that if he did not agree she must listen to him and go with him for the weekend. C. Denied. Plaintiff /Mother is without knowledge or information as to the truth or falsity of the averment set forth in Paragraph 11.c. of Defendant/ Father's Petition, and said averment is, therefore, denied. Plaintiff /Mother demands proof thereof at the hearing in this case, if relevant. d. Denied. Plaintiff /Mother is without knowledge or information as to the truth or falsity of the averment set forth in Paragraph 11.d. of Defendant/ Father's Petition, -2- I . . and said averment is, therefore, denied. Plaintiff /Mother demands proof thereof at the hearing in this case, if relevant. e. Denied. Plaintiff /Mother is without knowledge or information as to the truth or falsity of the averment set forth in Paragraph 11.e. of Defendant/ Father's Petition, and said averment is, therefore, denied. Plaintiff /Mother demands proof thereof at the hearing in this case, if relevant. f. Denied in part and admitted in part. It is admitted that Plaintiff /Mother failed to turn over the daughter on September 28, 2010, because the daughter had an appointment with her psychologist in an attempt to rectify and resolve the emotional difficulties she was having with Defendant/ Father. Defendant/ Father was asked to participate in counsel with the daughter but refused. It is denied that Plaintiff /Mother failed to turn over the daughter on the weekend of October 1, 2010 though October 3, 2010. On the contrary it is averred that Defendant/ Father was to pick up the daughter at her dance class, the usual exchange point, and failed to do so or to contact the daughter or Plaintiff /Mother to ask or or to make alternative exchange arrangements at any time during that weekend. 12. Denied. Plaintiff /Mother is without knowledge or information as to the truth or falsity of the averment set forth in Paragraph 12 of Defendant/ Father's Petition, and said averment is, therefore, denied. Plaintiff /Mother demands proof thereof at the hearing of this case, if relevant. Wherefore, Plaintiff /Mother requests this Honorable Court to enter an order denying: a. Defendant/ Father's request for modification of the 8/27/10 Order of Court; b. Defendant/ Father's request for a contempt order; C. Defendant/ Father's request for an award of attorneys fees and costs; d. Defendant/ Father's requests for other relief. - 3 - PLAINTIFF'S COUNTERCLAIM Count I - Plaintiff/Mother's Request for Modification of Order of Court Dated 8/27/10 13. Plaintiff /Mother incorporates by referenced the averments set forth in paragraphs 1 to 12 herein, the same as of fully set forth at length. 14. In accordance with the terms of the 8/27/10 Order the parties share legal custody of the children. Plaintiff /Mother has primary physical custody of the children. Defendant/ Father has partial physical custody of the children in accordance with the following schedule: a. Alternating weekends from Friday at 3:00 p.m. until Sunday at 7:00 p.m. or until Monday at 7:00 p.m. if that Monday is a school holiday; b. On the week following Plaintiff /Mother's weekend, on Tuesday from 3 p. m. to 8 p. m.; c. On the week following Defendant/ Father's weekend, on Wednesday from 3 p.m. to 8 p.m.; d. 2 weeks during the summer; e. Alternating holidays f. Such other times as the parties shall agree; g. Defendant/ Father is to provide all transportation. 15. Plaintiff /Mother is seeking the modification of the 8/27/10 Order. In support thereof, she alleges that the 8/27/10 Order should be modified because: a. The daughter, Myleah K. Diehl, is 16 years of age and wants to be able to spend time with her friends in various social events. b. Defendant/ Father will not permit the 16 year old daughter to engage in any such activities during his custodial periods. C. Defendant/ Father and daughter do not have a good relation ship and when discussions about social activities arise they generally turn in to arguments as the result of which -4- daughter spends most of her time hiding from Defendant/ Father. d. According to the daughter Defendant/ Father has said hateful things to her which has resulted in her not wanting to be with him. e. The child's psychologist proposed counseling for Defendant/ Father and daughter to alleviate or resolve these father/daughter problems, but Defendant/ Father refused to consider that counseling. f. Plaintiff /Mother feels that the father/daughter conflict would be lessened if not resolved if counseling were ordered and that until those issues are resolved that the daughter not be required to go to visit with her Defendant/ Father or in the alternative that for the daughter only the visits be deceased to be only on Sundays during his weekends. WHEREFORE, Plaintiff /Mother requests that the 8/27/10 Order be modified to as follows: 1. Defendant/ Father be ordered to go to counseling with the child's psychologist, Kristin Davin, PhD, and the child, Myleah K. Diehl, and to follow the advice and instructions of that psychologist. 2. Pending the written instructions of Kristin Davin, PhD, the child, Myleah, may but shall not be required to go with father during any of his custodial periods. 3. In the alternative, pending further Order of Court, the regular custody schedule for the child, Myleah K. Diehl, shall be modified as follows: (a) Sunday at 10:00 a.m. to 7:00 p.m. or until Monday at 7:00 p.m. if that Monday is a school holiday during Father's regular alternating weekends; (b) 2 weeks during the summer; (c) Alternating holidays; (d) Such other times as Father and Myleah shall agree; WHEREFORE, the Plaintiff /Mother respectfully requests this Honorable Court to modify the 8/27/ 10 Order in accordance with the requests of the Plaintiff /Mother. - 5 - Count II - Plaintiff/Mother's Request for Contempt Order 16. Plaintiff /Mother incorporates by referenced the averments set forth in paragraphs 1 to 15 herein, the same as of fully set forth at length. 17. Respondent has willfully failed to abide by the 8/27/10 Order in that: a. Labor Day, September 6, 2010, was Plaintiff /Mother's holiday. b. Defendant/ Father asked Plaintiff /Mother for additional time with the parties' son, Addison to take him to a ball game in Baltimore. C. Since Tuesday, September 7, 2010 was a school day, Defendant/ Father was to return Adisson to Plaintiff /Mother that evening after the conclusion of the ball game. d. Defendant/ Father did not return Adisson to Plaintiff /Mother as agreed, but rather spent the night in Baltimore thereby failing to have the child in school as required. e. Plaintiff /Mother never agreed to permit Defendant/ Father to keep Adisson overnight or out of school on September 7, 2010. 18. Plaintiff /Mother has incurred, or will incur, reasonable attorneys fees and costs in the preparation of this pleading and in attending the required conciliation conference ans hearing on this claim. WHEREFORE, Petitioner requests that Defendant/ Father be held in contempt of court and ordered to pay the attorneys fees and costs that Plaintiff /Mother has or will incur in the current proceedings. Respectfully submitted, 1 DIA . RADCLIF , QUIRE 3448 Trindle Road, Camp Hill, PA 1 7011 Supreme Court ID # 32112 Attorney for Plaintiff /Mother -6- VERIFICATION KERRI E. DIEHL verifies that the statements made in the foregoing Pleading are true and correct. KERRI E. DIEHL understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: KERRI E. DIEHL, Petitioner -7- CERTIFICATE OF SERVICE I hereby certify that l am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Thomas Clark, Esquire Colgan Ft Marzzacco 130 W. Church Street, Suite 100 Dillsburg, PA 17019 (Counsel for Defendant) DC IFF, SQUIRE ( Regis n No 32112 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradcliffCcomcast.net Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Plaintiff Dated: I ? -l /(() -8- EXHIBIT "A" 8/27/10 CUSTODY ORDER -9- AuG') ?2010 DARIN W. DIEHL, Plaintiff V. KERRI E. DIEHL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 20084150 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this 11+6 day of A I 1 (11 A , 2010, upon consideration of the attached Custody Conciliati16 Report, it is ordered and directed as follows: 1. The prior Orders of Court dated July 11, 2008, October 22, 2008 and April 20, 2009 are hereby vacated. 2. The Mother, Kerri E. Diehl and the Father, Darin W. Diehl, shall have shared legal custody of Myleah K. Diehl, born September 19, 1994 and Adison W. Diehl, born April 10, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medicaUtreatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the children. 4. Father shall have the following periods of partial physical custody: A. Beginning September 3, 2010, alternating weekends from Friday at 3:00 p.m. to Sunday at 7:00 p.m.. Father's weekends shall be extended to Monday at 7:00 p.m. if the children have a school holiday on that Monday. B. During the week following Mother's weekend, Tuesday from 3:00 P.M. to 8:00 P.M. C. During the week following Father's weekend, Wednesday from 3:00 P.M. to 8:00 P.M. D. Such other times as the parties agree. 5. Each party shall be entitled to two non-consecutive, uninterrupted weeks in the summer, to coincide with their alternating weekend schedule, provided they give the other party 30 days notice. 6. Each party shall have the right to first refusal when the custodial parent is away from home overnight. 7. Holidays as follows, except in 2010, Father shall have physical custody of the children during the Christmas Holiday from 12:00 noon on Christmas Day to 12:00 noon on December 28: HOLIDAYS AND SPECIAL DAYS TIMES ODD YEARS EVEN YEARS Easter Day 9:00 a.m. to 7:00 p.m. Mother Father Memorial Day 9:00 a.m. to 7:00 p.,m. Father Mother Independence Day 9:00 a.m. to 7:00 pm. Mother Father Labor Day 9:00 a.m. to 7:00 p.m. Father Mother Thanksgiving 9:00 a.m. to 7:00 p.m. Mother Father Christmas 1" Half 12:00 p.m. on 12(24 to 12:00 p.m. 1225 Father Mother Christmas To Half 12:00 p.m. on 12/25 to 12:00 p.m. on 12!26 Mother Father Mother's Day 9:00 a.m. to 7:00 p.m. Mother Mother Father's Day 9:00 a.m. to 7:00 p.m. Father Mother 5. Father shall be responsible for all transportation unless otherwise agreed. 6. Neither party shall use the children as intermediaries regarding the physical custody schedule. 7. The parties are permitted to email or send letters to each other concerning custodial matters. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, -?Sl 4--?Cq r? 0 1 J (0) JA. _ J. Wesley Oler, Jr., J. cc: Diane G. Radcliff, Esquire, Counsel for Mother Thomas M. Clark, Esquire, Counsel for Father rnujE 4MCORD to 7estfn?x 'I -.0- &-& NW IMnd Mr. Pi and the *6 Mlil SIG" Thk fi- -AL 20J-0- DARIN W. DIEHL, Plaintiff V. KERRI E. DIEHL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA. : NO. 20084150 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: J. WESLEY OLER, JR., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME -DATE OF BIRTH CURRENTLY IN CUSTODY OF Myleah K. Diehl September 19,1994 Mother Adison W. Diehl April 10, 1999 Mother 2. A Conciliation Conference was held in this matter on August 26, 2010, with the following in attendance: The Father, Darin W. Diehl, with his counsel, Thomas M. Clark, Esquire, and the Mother, Kern E. Diehl, with her counsel, Diane G. Radcliff, Esquire. - 3. Prior Orders of Court were entered by the Honorable J. Wesley Oler, Jr. dated July 11, 2008, October 22, 2008 and April 20, 2009 providing for shared legal custody, Mother having primary physical custody and Father variously having every weekend, three out of four weekends and every Sunday 12:00 noon to 8:00 p.m. 4. The parties agreed to an Order in the form as attached. 9-d6-ia Date acq line M. Vemey; Esquire Custody Conciliator NOV 15 MU I DARIN W. DIEHL, Plaintiff V. KERRI E. DIEHL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-4150 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this l5 1-t day of M a , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties' Petitions for Contempt are hereby withdrawn with prejudice. 2. The prior Order of Court dated August 27, 2010 shall remain in full force and effect with the following modifications and additions. 3. The parties shall cooperate with therapeutic family counseling, using a counselor approved by Mother's insurance carrier. Counsel for the parties shall select a counselor. 4. Father shall have physical custody of the children on November 21, 2010 from 9:00 a.m. to 7:00 p.m. Father shall assure that Myleah will get to ballet practice on that day. 5. Father shall have three overnights of physical custody of the children, not to coincide with the holidays listed in the Order of Court dated August 27, 2010. In the event that the parents cannot agree to the particular overnights, counsel may contact the Conciliator to schedule a telephone conference to resolve the selection of days. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Either parry may contact the Conciliator to schedule a telephone conference within 90 days of the date of this Order. cm M m m r <> -- ?o --rJ C:) °z=' D? w ?rri --4 "? C ro NOV 15 2010 cc: a G. Radcliff, Esquire, Counsel for Mother -- oonmas M. Clark, Esquire, Counsel for Father 12, DES MULL BY THE COURT, M Nov 1 5 2010 DARIN W. DIEHL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 20084150 CIVIL ACTION - LAW KERRI E. DIEHL, Defendant : IN CUSTODY PRIOR JUDGE: J. WESLEY OLER, JR., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Myleah K. Diehl Adison W. Diehl September 19, 1994 April 10, 1999 Mother Mother 2. A Conciliation Conference was held in this matter on November 11, 2010, with the following in attendance: The Father, Darin W. Diehl, with his counsel, Thomas M. Clark, Esquire, and the Mother, Kern E. Diehl, with her counsel, Diane G. Radcliff, Esquire. 3. A prior Order of Court were entered by the Honorable J. Wesley Oler, Jr. dated August 27, 2010 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends and one evening per week with Adison and one evening every other week with Myleah. 4. Father filed a Petition for Contempt and Modification and Mother filed an Answer and Counterclaim requesting modification and contempt. 5. The parties agreed to an Order in the form as attached. I/-// -/t) Date Oacq ine M. Verney, Esquire Custody Conciliator