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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 , . -.0. 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 /3 given in Paragraph 2 above. • • 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 ?? ?' ? ??? N 3 -'??. fri ? -C 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. X,,J v `A Michael J. Whare, Es ire Attorney for Plaintiff Law Offices of Michael J. Whare 37 E. Pomfret Street Carlisle, PA 17013 (717) 243-3561 ?° --- ?:. ? L: 'sa ?., `?? 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 2.??-?"' ??` ?. ? w .... 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 ?? ?c ?'? (SEAL) Title of Officer Li q,) (? r c -?j d ?b 0 c` ?h •c CA) -rl 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 .;45,7 "IA) -?fr"7" ,1-krr,iAbur PA // a ) I '?tiJ IT Agent X /vv? ? t7 Addm1m C. by (Frinted AW 1) 1 ??l D. Is d*i y addma dUf wd from item 1? 0 Yee it YES, enter delhrey addrew below: 0 No 9? 3. SwV109I%m Iff CeroW Mail ? Express Me0 ? Regbtered W Retum Receipt for Mercherte ? Insured Mail ? C.O.D. 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 -r cl 40 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 ?- tt9 -C?: ?' ut 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 ,.?-; ??^ ? ? ? c.? tJ'? L R 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 copy ,nZl L, C,I. -b ?+-- ?. 1 :?? so• r