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HomeMy WebLinkAbout08-4879 Darren J. Holst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Tracy A. Daihl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACY A. DAIHL, Plaintiff ) V. ) MICHAEL L. DAIHL, ) Defendant ) NO. 08 - 1879 ?? l Tenh CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the 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 maybe 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. Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD, ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACY A. DAIHL, Plaintiff ) V. ) MICHAEL L. DAIHL, ) Defendant ) NO. U ?-- ?4?7 ? Gt r, f `f"&-'A, CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes Plaintiff, Tracy A. Daihl, by and through her counsel, Howett, Kissinger & Holst, P.C., who hereby files the instant Complaint in Divorce and in support thereof avers as follows: 1. Plaintiff is Tracy A. Daihl, an adult individual who currently resides at 719 Erford Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Michael L. Daihl, an adult individual who currently resides at 4531 Rolo Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for a period of at least six (6) months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant married on September 8, 1996 in Monroeville, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the Military or Naval Service of the t nited States or its allies within the provisions of the Servicemembers' Civil Relief Act. 6. There have been no prior actions for divorce or annulment of the marriage instituted by either of the parties in this or any other jurisdiction. .. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request the Court require the parties to participate in counseling. COUNT I - DIVORCE PURSUANT TO §3301(c OR (d) OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. The marriage of the parties is irretrievably broken. 10. The parties separated on March 14, 2006. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a decree of divorce pursuant to §3301 of the Divorce Code. Respectfully submitte Date: Darren J. Ho t, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Tracy A. Daihl / . VERIFICATION I, Tracy A. Daihl, hereby swear and affirm that the facts contained in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: 08/13/08 Tracy A aihl 44- 04 O p0 (f1 r'7 ..?.x ?'' ^? cv 'n j yz ri O IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACY A. DAIHL, Plaintiff ) ) V. ) MICHAEL L. DAIHL, ) Defendant ) NO. 08-4879 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE If you wish to deny any of the statements set forth within this Affidavit, you must file a counter-affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER §3301(d) The parties to this action separated on March 14, 2006 and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. I understand I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: 0q I c y ? 3)=' af- Tracy A. aihl c? ?-r a 7 u l it IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACY A. DAIHL, Plaintiff ) V. ) MICHAEL L. DAIHL, ) Defendant ) NO. 08-4879 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE Darren J. Holst, being duly sworn according to law, deposes and says that he is an attorney at law authorized to practice in the Commonwealth of Pennsylvania, and that on the 27* day of August, 2008, he sent the original of the attached letter, with which was enclosed a certified, time-stamped copy of the Complaint in Divorce in the above-captioned matter, properly endorsed, to the Defendant, Michael L. Daihl, by certified mail, postage prepaid, return receipt requested, restricted delivery, pursuant to Pa.R.C.P. 1930.4, to 4531 Rolo Court, Mechanicsburg, PA, 17055, the Defendant's last known address, and that the return receipt card which was signed by Michael Daihl, marked as having been delivered to him on August 28, 2008, is attached hereto and made a part hereof. Darren J. H st, Esquire HOWETT, KISSINGER &. HOLST, P.C. 130 Walnut Street, P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Tracy A. Daihl SWORN TO AND SUBSCRIBED 2008. N11 111 OFINEM NOTARK SEAL M. , NOTARY PM OEmy,*aMMISSION F NARR UM dUIP1NN CUM VM AUIL 2L 2W_ • LAW OFFICES GF HOWETT, KISSINGER & HOLST, P.C. 130 WALNUT STREET POST OFFICE BOX 810 HARRISBURG, PENNSYLVANIA 17108 JOHN C. HOWETT, JR. DONALD T. KISSINGER DARREN J. HOLST (717) 234-2616 REBECCA McCLINCY DARR August 27, 2008 FAX (717) 234-5402 DEBRA M. SHIMP Legal Assistant VIA CERTIFIED MAIL RESTRICTED DELIVERY RETURN RECEIPT REQUESTED AND VIA REGULAR MAIL Mr. Michael L. Daihl 4531 Rolo Court Mechanicsburg, PA 17055 Re: Daihl v. Daihl No. 08-4879 Civil Term Dear Mr. Daihl: I write on behalf of your estranged spouse, Tracy Daihl, who has retained our office for the purpose of bringing a conclusion to your extended separation. It is apparent the marriage is irretrievably broken, and enclosed herein you will find a certified true and correct copy of a Complaint in Divorce our office filed on behalf of Ms. Daihl on August 14, 2008. You will see that Ms. Daihl simply is requesting a no-fault divorce. Inasmuch as the two of you have been separated in excess of two years, Ms. Daihl is filing with the Court an affidavit attesting the irretrievable breakdown of your marriage and the fact that you have been separated in excess of two years. This will permit the Court to enter a unilateral no-fault divorce. The legal dissolution of your marriage is necessary in order to allow you both to move forward with your separate lives. Ms. Daihl has not requested the Court address distribution of the marital property. You are presently residing in the marital residence, which is jointly titled property. Moreover, there is substantial marital debt in the form of unsecured credit card debt. The total of this debt is approximately $16,000.00. Ms. Daihl is willing to assume sole responsibility on those debts. She is also willing to give you sole ownership of the marital residence. Essentially, Ms. Daihl is willing to afford you 100% of the net marital estate in order to obtain an expeditious and amicable divorce. I have prepared a simple Marital Settlement Agreement that calls for you to receive ownership of the home and also calls for Tracy to assume responsibility on those marital debts. By executing such an agreement, it affords prompt resolution of the outstanding economic issues, thereby facilitating expeditious entry of a divorce decree. Mr. Michael L. Daihl August 27, 2008 Page Two Please understand neither the divorce nor the agreement impacts custody. You and Tracy are operating under a custody order, which remains in effect and is in no way impacted by the divorce process. I would ask that you review the enclosed agreement, and contact me at your earliest convenience to confirm your willingness to execute a finalized version of the document. If you are unwilling to execute the document, or you do not contact me, Tracy will have no choice but to proceed formally with divorce litigation, in which she will ask for equitable apportionment of the marital debt. Thus, it is in your economic interest to finalize settlement. I look forward to speaking to you or your representative at your earliest convenience. Sincerely, Darren J. Holst DJH/djk Enclosures cc: Tracy A. Daihl (w/encls) rU Total Posfape & Fees I $ ° r. Michael L. Daihl -------• . .... .... .... rr- "4531 R615 "'Court or PO fox No. ----...-----•-------•---••--------------- ?°'° Mechanicsburg, PA 17055 ¦ Compote Mm 1. 2, and 3. Also mm NPION Item 4 M Aaatloted Ddvwy b I 1 1 1 1. ¦ Prkrlt your nwta grid addierm on the ivow e so #W we cart rdurrt the pd to you. ¦ Attach ttde cad to the book of 1M mm" w. or on ft front N epaoe pwffd& 1. Arbab Addmlmd to. Mr. Michael L. Daihl 4531 Rolo Court Mechanicsburg, PA 17055 A'Rw*md by (ti?tleed panty TW;Dds (W -Ddkwy D. M d*.wy ukkm ditmtt Ttom awn 1? 0 Yes K YE B, ~ ddvay addwa blow. O No 9. SWAM l" ft CerlMled Md D Dttw Md O Rtt91 -- lipmn OWN" 131 1, Md 13 C.O.D. 4. Rtttdtiobd Dalwry? PD&V FbO [Kbbtt 7004 2890 0002 81!03 2047 MONO " atw w? Pe Farm 1. PdKtwy mW ft "Now wlertn tl?otlrtt tomeae-Wtew N ? :; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACY A. DAIHL, Plaintiff V. MICHAEL L. DAIHL, Defendant NO. 08-4879 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): ``0M (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. 1 understand that in addition to checking (b) above, I liiusi also file ail of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: C? R. Michael L. Daihl, Defendant e.a Co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACY A. DAIHL, Plaintiff ) V. ) MICHAEL L. DAIHL, ) NO. 08-4879 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) OF THE DIVORCE CODE i . i Cons ,r t t< <12e e?: of a fin-0 . °?rP of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce decree is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§ 4904 relating to unworn falsification to authorities. t? \ Date: L4 0 Michael . Daihl, Defendant tr to V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACY A. DAIHL, ) Plaintiff ) V. ) MICHAEL L. DAIHL, ) NO. 08-4879 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 e, AND§ 3301(d)OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce decree is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§ 4904 relating to unworn falsification to authorities. Date• Tracy A. hl, Plaintiff ? rs O lJ W?.4? W ! spa ..? ?Cf1 r ; DC W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACY A. DAIHL, Plaintiff ) V. ) MICHAEL L. DAIHL, ) Defendant ) NO. 2008 - 4879 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: Certified mail on August 28, 2008; Affidavit of Service filed September 10, 2008. 3. Date of execution of the affidavit required by §3301(d) of the Divorce Code: August 19, 2008; date of filing and service of the plaintiffs affidavit upon the respondent: filed August 25, 2008; served August 28, 2008. 4. Related claims pending: No claims pending. 5. Date plaintiff's Waiver of Notice was filed with the prothonotary: contemporaneously herewith; date defendant's Waiver of Notice was filed with the prothonotary: September 11, 2008. Date: l v l /?? Darren J. Ho t, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Tracy A. Daihl cr o c