HomeMy WebLinkAbout08-5147G?
MELISSA DIEGEL,
Plaintiff
V.
FRANKLIN W.T. DIEGEL,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No.: 4 e- Sl q 7 8 Ui l T&M
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 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, Cumberland County Courthouse, 1
Courthouse Square, Carlisle, PA 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYERS'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.
Court Administrator
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6100
MELISSA DIEGEL,
Plaintiff
V.
FRANKLIN W.T. DIEGEL,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No.: Q?- -5-l Y7 C r v', / f e-,-,k
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE
1. Plaintiff is Melissa Diegel, who currently resides at 457 N. Pitt Street,
Carlisle, Cumberland County, Pennsylvania.
2. Defendant is Franklin W.T. Diegel, who currently resides at 640 High
Street, Lancaster, Lancaster County, Pennsylvania.
3. The Plaintiff and Defendant have been bona fide residents in the
Commonwealth for at least six (6) months immediately previous to the filing of this
Complaint.
4. The Plaintiff and Defendant were married on September 20, 2001.
5. There have been no prior actions of divorce or for annulment between the
parties.
6. Divorce is sought pursuant to the provisions of the Divorce Code, Sections
3301(a)(6), 3301(c), and 3301(d), in that:
a. The Defendant offered such indignities to the Plaintiff as to render
Plaintiff's condition intolerable and life burdensome.
b. The marriage is irretrievably broke.
7. Plaintiff has been advised that counseling is available and that Plaintiff may
have the right to request that the Court require the parties to participate in such
counseling.
8. Plaintiff does not request counseling, pursuant to §§3301(c) and 3301(d) of
the Divorce Code.
9. The Plaintiff in this action is not a member of the Armed forces.
WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce.
Date:
Respect submitted
By:
Andrew H. Shaw, squire
Sup. Ct. ID No.: 87371
200 S. Spring Garden St., Ste. 11
Carlisle, PA 17013
(717) 243-7135
(717) 243-7872 (facsimile)
Attorney for Plaintiff
VERIFICATION
I, Melissa Diegel, 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. Cons. Stat. § 4904 relating to unworn falsification to authorities.
Date: 6-25 Jog
Melissa Diegel
rn
CD.
MELISSA DIEGEL,
Plaintiff
V.
FRANKLIN W.T. DIEGEL,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No.: 400- 5-/zl7
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow Melissa Diegel, Plaintiff, to proceed in forma pauperis.
I, Andrew H. Shaw, attorney for the parry proceeding in forma pauperis, certify that I
believe the party is unable to pay the costs and that I am providing free legal service to the party.
Respectfully
Date: " / " a By:
Andrew 1q. Shaw, Esquire
Sup. Ct. ID No.: 87371
200 S. Spring Garden St., Ste. 11
Carlisle, PA 17013
(717) 243-7135
(717) 243-7872 (facsimile)
Attorney for Plaintiff
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MELISSA DIEGEL,
Plaintiff
V.
FRANKLIN W.T. DIEGEL,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No.: Ji - ?- 17 &l'V('1 P-Or 1
CIVIL. ACTION - LAW
IN DIVORCE
PETITION TO PROCEED IN FORMA PAUPERIS
Petitioner, Melissa Diegel, requests the Court to allow her to proceed without payment of
the costs in this matter and in support of such request, has completed the attached Affidavit of
Financial Status.
Date: By: 44,-- 1. 9,?S
Melissa Di gel, Peti Toner
MELISSA DIEGEL,
Plaintiff
V.
FRANKLIN W.T. DIEGEL,
Defendant
1.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No.: 0K-5? /(-I
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF FINANCIAL STATUS rv
I am the Plaintiff/Defendant in the above matter and because of my financial®onditic
am unable to pay the fees and costs of prosecuting or defending the action or p ceedi.hg.
rv
cil
2. I am unable to obtain funds from anyone, including my family and associates, to pay the
costs of litigation.
3. I represent that the information below relating to my ability to pay the fees and costs is
true and correct.
a. Name: Melissa Diegel
Address: 457 North Pitt Street, Carlisle, Pa 17013
Social Security No: 173-68-3065
b. Employment:
If you are presently employed, state
Employer: Drexal Group
Address: 1832 Market Street, Camp Hill, PA 17011
Salary of wages per month: $1200/month gross
Type of work: labor at a warehouse
c. Other income within last twelve months:
Business or profession: AAFES for 16 hours ($75.00)
Other self-employment: Sales $2500.00
Interest: none
Dividends: none
Fri
J J.
Pension and annuities: none
Social Security benefits: none
Support payments: none
Disability payments: none
Unemployment Compensation
And supplemental benefits: none
Workman's compensation: none
Public Assistance: none
Other: none
d. Other contributions to household support:
Wife/Husband Name: Franklin W.T. Diegel
If your wife/husband is employed, state:
Employ Not certain if currently employed or where
Salary or wages per month:
Type of work:
Contributions from children: none
Contributions from parents: none
Other contributions: none
e. Property owned:
Cash: none
Checking account: $800 until monthly bills
Savings account: none
Certificates of deposit: none
Real estate (including home): none
Motor vehicle: Make: Oldsmobile Year: 1999
Cost: $2000 Amount owed: 0
Make: Saturn SL2 Year: 1997
Cost: $500 Amount owed: 0
f. Debts and Obligations:
Mortgage: $577/month but the home is in Franklin Diegel's name only
Rent: none
Loans: $5000 loan due to foreclosure costs ($42/month)
Other: Credit Card Debt approx. $5000
g. Persons dependent upon you for support:
Wife/husband name: N/A
Children, if any:
Name: Trenton Diegel
Name: Kairi Diegel
Name: Miranda Diegel
Other persons:
Name: N/A
Relationship: N/A
Age: 6
Age: 3
Age: 7 mos.
4. I understand that I have a continuing obligation to inform the court of improvement in my
financial circumstances which would permit me to pay the costs incurred herein.
5. I verify that statement 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. 4909, relating to
unworn falsification to authorities.
Date:
Petitioner
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MELISSA DIEGEL,
Plaintiff
V.
FRANKLIN W.T. DIEGEL,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No.. dk`S J((7 O -Vl i PKM
CIVIL ACTION - LAW
IN DIVORCE
i
29 2oo?
ORDER
AND NOW, this day of+4y, 2008, upon consideration of the attached Petition and
Affidavit of financial Status, it is hereby Ordered that the Petitioner, Melissa Diegel, is permitted
to proceed with the filing of a no-fault divorce action In Forma Pauperis, and shall not be
required to pay the costs or fees payable in connection with such matter, but conditioned upon
his/her payment of such costs from the proceeds of a financial recovery recovery in this case, in
accordance with Pa. R.C.P. 240(g).
This means that petitioner may file a no-fault divorce action without prepayment of filing
fees for such an action, but that In Forma Pauperis status does not extend to Divorce Masters'
fees or to Court Reporters' fees or fees for filing related claims other than spet*944lppo cam,
alimony pendente lite (temporary alimony pending litigation). ?P n*p ii the pa*'a rAa..1,
their own aereement about the division of nLa_rital }C' nr 'f rl1?+Pii ??a1mC fAr Pnl11t.W
dish l?n r w,et I?l?lnr[`P S1?lYY1(lflyy nr ..or?ov?4o ?i+o n/. C_1_ at_ - cn'?
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e ecree un i ne o e o owing occurs:
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1) A Divo e Master's ecommendatio as to
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2) oth parties pear before th fudge assigi
a copy of y property sett ment agree
regard' g responsibility or costs.
ATTEST:
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MELISSA DIEGEL,
Plaintiff
V.
FRANKLIN W.T. DIEGEL,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.: 08-5147
CIVIL ACTION - LAW
IN DIVORCE
C'7
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T7 c J
PROOF OF SERVICE
I, Andrew H. Shaw, Counsel for the Plaintiff, Melissa Diegel, hereby certify that a
true and correct copy of the Divorce Complaint in the above captioned case was served
upon Defendant via First Class Mail on August 27, 2008. A copy of the Acceptance of
Service is attached.
Date:'
PA Sup. Ct. ID Num. 87371
200 S. Spring Garden St., Suite 11
Carlisle, PA 17013
717-243-7135
Counsel for Plaintiff
..i. wa
MELISSA DIEGEL,
Plaintiff
V.
FRANKLIN W.T. DIEGEL,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.: 0&5147
CIVIL ACTION - LAW
IN DIVORCE
ACCEPTANCE OF SERVICE
I, Franklin W.T. Diegel, hereby accept service of the Divorce Complaint.
Date: 00W
Franklin W.T. Di9D?efenadmj??o
MELISSA DIEGEL,
Plaintiff
V.
FRANKLIN W.T. DIEGEL,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.: 0&5147
n
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C7
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T7
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
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1. A complaint in divorce under § 3301 (c) of the Divorce Code was filed on August 27, 2008.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed
from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to request
entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn
falsification to authorities.
Dated: - S - ?X)/O % a
Melissa Diegel, aintiff
MELISSA DIEGEL,
Plaintiff
V.
FRANKLIN W.T. DIEGEL,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.: 08-5147
CIVIL ACTION - LAW
IN DIVORCE
A
3301
1. I consent to the entry of a final decree of divorce without notice.
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2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unworn falsification to authorities.
DATE: S -- ?C? ?O ?VYI
Melissa Diegel Plaintiff
MELISSA DIEGEL,
Plaintiff
V.
FRANKLIN W.T. DIEGEL,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLPANLA
c
No.: 08-5147
CIVIL. ACTION - LAW U,
IN DIVORCE
r?
AFFIDAVIT OF CONSENT
1. A complaint in divorce under § 3301 (c) of the Divorce Code was filed on August 27, 2008.
77
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed
from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to request
entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn
falsification to authorities.
Dated:-AW'?-- -S , 0? 7 ,
Franklin W.T. Diegel, Defen ant
MELISSA DIEGEL,
Plaintiff
V.
FRANKLIN W.T. DIEGEL,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.: 08-5147 n
C
CIVIL ACTION - LAW '7 '
r1;.
IN DIVORCE
DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
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2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
DATE: S AX0 -eP? /?S
Fr in W.T. Diegel, D ndant
MELISSA DIEGEL,
Plaintiff
V.
FRANKLIN W.T. DIEGEL,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.: 08-5147
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(c) of the Divorce Code.
2. Date and manner of service of the Complaint: Acceptance of Service signed by
Defendant on August 27, 2008.
3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code:
by Plaintiff on May 5, 2010; by Defendant on May 5, 2010;
4. Related claims pending: None.
5. Date Plaintiff's Waiver of Notice was filed with the Prothonotary's Office: May 6, 2010.
Date Defendant's Waiver of Notice was filed with the Prothonotary's Office: May 6,
2010.
E'
Date: By:
Andrew haw, Esquire
Attorney I.D. # 87371
200 Spring Garden Street, Ste. 11
Carlisle, PA 17013
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
MELISSA DIEGEL CUMBERLAND COUNTY, PENNSYLVANIA
.
V.
FRANKLIN W.T. DIEGEL
NO. 08-5147
DIVORCE DECREE
AND NOW, it is ordered and decreed that
MELISSA DIEGEL plaintiff, and
FRANKLIN W.T. DIEGEL , 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.")
None.
J.
rrvinonvtary
By the Court,
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