HomeMy WebLinkAbout08-6691.. 'b, ?,(
Barbara D. Ditzler
Plaintiff
V.
John T. Ditzler, III
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
NO. 08- '01f 9
IN DIVORCE
CIVIL TERM
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, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
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Barbara D. Ditzler IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
V. NO. 08- 44 91 CIVIL TERM
John T. Ditzler, III
Defendant IN DIVORCE
COMPLAINT
J?UNDER 1 §3301(c) or (d) OF THE DIVORCE CODE
1. Plaintiff is /?bCll'Cf ?.1. l 7ZJ&- , who currently resides at
'OFA f Leah Sarrr??_ A* 17,wmi-zi t a/)./ 1?7P lj. /a- A4 ?.
Cumberland County, Pennsylvania.
2. Defendant is J hn 77 A lzlo-..M' , who currently resides at
3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at
least the six months prior to the filing of this Complaint.
4. Plaintiff and Defendant were married on Ingrch At j q qq at
5. The marriage is irretrievably broken, and the parties separated on
6. There have been no prior actions of divorce or annulment between the parties.
7. Plaintiff, to the best of his/her knowledge and belief, avers that defendant is not in the
military service of the United States of America, but is in fact living at the address
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given in Paragraph 2 above.
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8. Plaintiff has been advised of the availability of counseling and that Plaintiff may have
the right to request that the Court require the parties participate in counseling.
WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce.
Date Plaintiff, Pro Se
I, ,?i°, X57 b . A Z , verify that the statements made in this Complaint
are true and correct to the best of my knowledge, information, and belief. I understand that false
statements made herein are subject to the penalties for unsworn falsification to authorities as
provided in 18 Pa. C.S. §4904.
//-1A - DDS'
Date:
Plaintiff, Pro Se
Assisted by:
Michael J. Whare, Esq.
Law Offices of Michael J. Whare
37 E. Pomfret Street
Carlisle, PA 17013
(717) 243-3561
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Barbara D. Ditzler IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
V. NO. 08- b6f/ CIVIL TERM
John T. Ditzler, III
Defendant IN DIVORCE
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, Barbara D. Ditzler, Plaintiff, to proceed in forma ap uperis.
I, Michael J. Whare, attorney for the party proceeding in forma ap uperis, certify that I
believe the party is unable to pay the costs and that I am providing free legal services to the
party.
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Michael J. Whare, Es ire
Attorney for Plaintiff
Law Offices of Michael J. Whare
37 E. Pomfret Street
Carlisle, PA 17013
(717) 243-3561
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Barbara D. Ditzler IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
V. NO. 08- (4q CIVIL TERM
John T. Ditzler, III
Defendant IN DIVORCE
NOTICE TO DEFENDANT
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.
PLAINTIFF'S AFFIDAVIT UNDER
§3301 (d) OF THE DIVORCE CODE
1. The parties to this action separated on f 7217u 3 I, 11901 and continued to
live separate and apart for a period of two yea
2. The marriage is irretrievably broken.
3. I understand that I may lose rights concerning alimony, division of marital property,
lawyer's fees, or expenses if I do not claim them before a Divorce is granted.
I, ? /"Q h. &2!?PJ'' , verify that the statements made in this Affidavit are
true and correct to the best of my knowledge, information, and belief. I understand that false
statements made herein are subject to the penalties for unsworn falsification to authorities as
provided in 18 P.S. Section 4904.
//-/Z 9 -AAz
Date
Plaintiff, Pro Se
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Barbara D. Ditzler IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
v. NO. 08- Wq ? CIVIL TERM
John T. Ditzler, III
Defendant IN DIVORCE
NOTICE OF ELECTION TO RETAKE FORMER NAME
Notice is hereby given that Plaintiff in the above matter filed a Complaint in Divorce
filed on Barbara Diane Ditzler hereby intends to resume and hereafter use her previous name of
Barbara Diane Grove and gives this written notice avowing her intention in accordance with the
provisions of the Act of April 2, 1980, P.L., 23 P.S. 702, effective July 1, 1980.
Barbara Diane Ditzler
Barbara Diane Grove
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
: SS
On this, the_ r 2? day of ,2008, before me, the undersigned officer
personally appeared so known as kk known to me (or
satisfactorily proven) to be the pers n whose name is subscribed to the within instrument, and
acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARIAL SEAL
PROTHONOTARY, NOTARY PUBLIC
CARLISLE CUMBERLAND COUNTY COURTHOUSE
MY COMMISSION EXPIRES JANUARY 4, 2010
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Title of Officer
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BARBARA D. DITZLER,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Civil Action- Law
No. 08-6691
JOHN T. DITZLER, III,
Defendant
IN DIVORCE
PROOF OF SERVICE
r r sterns 1, 2, and 3. Also ,
Item' If •ReWkUd l3allv?y is ttb*i6': .
0 Print your name and address on the reverse
so that we can,,teUmthe eamd to you
¦ Attach this card to the back of the mallpiece,
or on the front N spare' Hermits.
1. Article Addressed to:
John r Qifz/¢r, LT
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4. RwMated Delivery? pft roe) of Yes
2. Article Number 7008 1300 0001 6294 6579
(transfer frwn srrv/ce /abeQ
PS Form 3811, February 2004 ocalwasc 11w?r n 102595-02-M-1540
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Barbara D. Ditzler IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
V. NO.08-(,6q1 CIVIL TERM
John T. Ditzler, III
Defendant : IN DIVORCE
TO
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating
to unsworn falsification to authorities.
Date: 9 ? 0 q Signature / -J???,
Barbara D. Ditzler, Plaintiff
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Barbara D. Ditzler IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
V. NO. 08-U4 CIVIL TERM
John T. Ditzler, III
Defendant IN DIVORCE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating
to unsworn falsification to authorities.
Date: 6 Signature:
ohn T. Ditzler, III, fendant
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BARBARA D. DITZLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : Civil Action- Law
No. 08-6691
JOHN T. DTTZLER, III,
Defendant
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. Grounds for divorce: irretrievable breakdown under § 3301(d) of the Divorce
Code.
2. Date and manner of service of the Complaint: Filed November 12, 2008, was
served on the Defendant by certified mail, endorsed restricted delivery-return
receipt requested and signed on November 22, 2008.
3. (b) (1) Date of execution of the affidavit required under by §3301(d) of the
Divorce Code: November 12, 2008. (2) Date of filing and service of
plaintiff's affidavit upon the respondent: Filed November 12, 2008 and served
on the respondent on November 22, 2008.
4. Related claims pending: None.
5. (b) Date Plaintiffs Waiver of Notice in § 3301 (d) Divorce was filed with the
Prothonotary: January 9, 2009.
Date Defendant's Waiver of Notice in § 3301 (d) Divorce was filed with the
Prothonotary: January 9, 2009.
Date: , 01
Respectfully submitted,
.?, A
Michael J. Whare, wire
37 East Pomfret Street
Carlisle, Pa 17013
(717) 243-3561
Supreme Court ID # 89028
Attorney for Plaintiff
n
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Barbara D. Ditzler
V.
John T. Ditzler, III NO. 2008-6691
DIVORCE DECREE
AND NOW, 010 0 it is ordered and decreed that
Barbara D. Ditzler , plaintiff, and
John T. Ditzler, III , 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.
Attest: J.
e k: -zz.
MEW FA
Prothonotary
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