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Home My WebLink About09-0994 b DARLA S. DIAMOND, Plaintiff V. WILLIAM D. DIAMOND-SWEGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 09- g l CIVIL TERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS [Pa. R.C.P. No. 1920.71, 42 Pa. C.S.A.] 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. When the ground for the 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. 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. 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 South Bedford Street Carlisle, PA 17013 717.249.3166 1 DARLA S. DIAMOND, Plaintiff V. WILLIAM D. DIAMOND-SWEGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 09 W? CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE MUTUAL CONSENT OR IRRETRIVABLE BREAKDOWN SECTION 3301(c) and (d) [Pa. R.C.P. No. 1920.72, 42 Pa. C.S.A.] 1. The Plaintiff is Darla S. Diamond, who currently resides in the County of Cumberland, Commonwealth of Pennsylvania, with the address of 319 Third Street, Apartment 6, West Fairview, PA, 17025. 2. The Defendant is William D. Diamond-Sweger, who currently resides in the County of York, Commonwealth of Pennsylvania, with the address of 2355 Red Bank Road, Dover, PA, 17315. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint in Divorce; Cumberland County was the marital domicile at the time of the parties separation on April 1, 2005. Neither the Plaintiff nor the Defendant is presently in, or has previously been in, the Armed Forces of the United States of America. The Plaintiff and Defendant read, write and understand the English language. 4. The Plaintiff and Defendant were married on July 29, 1996 in Punxsutawney, Jefferson County, Pennsylvania. 5. There have been no prior legal actions, and there are no pending legal actions, of Divorce or Annulment in Cumberland County, Pennsylvania, nor in any other jurisdiction. 6. The marriage between the Plaintiff and Defendant is irretrievably broken and Plaintiff and Defendant consent to a mutual dissolution of the bonds of matrimony. ti 7. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the Court require the Plaintiff and the Defendant to participate in counseling; notwithstanding, the Plaintiff does not desire counseling as the marriage is irretrievably broken. 8. The Plaintiff and Defendant have two minor children of their marriage, viz: Ryan J. Diamond, born February 18, 1997; and, Chloie N. Diamond, born July 14, 2002. The issue of Child Custody is being resolved independently by the Plaintiff and Defendant; however, if such is not amicably resolved and concluded then an Action shall be filed in the Cumberland County Court of Common Pleas. The issue of Child Support has been, and will be as necessary, resolved by an Action filed in the Cumberland County Court of Common Pleas. 9. The Plaintiff and Defendant have gainful employment, and consequently Spousal Support is not at issue. 10. The Plaintiff and Defendant have marital and non-marital personal and real property, however such has been equitably divided and distributed, and consequently Property Rights is not at issue. 11. The Plaintiff respectfully requests the Court to enter a Decree in Divorce. I, the Plaintiff herein, Darla S. Diamond, verify that the statements made in this Complaint in Divorce 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. February 17, 2009 Darla S. Diamond 319 Third Street, Apartment 6 West Fairview, PA 17025 717.802.2349 ? C= JQ GO J c ? ? r ,4#- 4 DARLA S. DIAMOND, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. CIVIL ACTION - LAW WILLIAM D. DIAMOND-SWEGER, NO. 09-994 CIVIL TERM Defendant IN DIVORCE SERVICE OF ORIGINRL PROCESS IN DIVORCE [Pa. R.C.P. Nos. 1920.4 and 1930.4, 42 Pa. C.S.A.] The Complaint in Divorce was duly filed on February 18, 2009. Service of Original Process of the Complaint in Divorce was attempted from February 18, 2009 through February 24, 2009, in accord with Pa. R.C.P. No. 1930.4(d), but was unsuccessful and not completed. Service of Original Process of the Complaint in Divorce was attempted, in accord with Pa. R.C.P. No. 1930.4(c), on February 24, 2009 and was successful and completed on February 26, 2009. Therefore, the undersigned hereby verifies that the Complaint in Divorce, as above-captioned, was duly served on the Defendant by United States First Class Certified Mail, addressed to the Defendant at 2355 Red Bank Road, Dover, PA 17315, restricted to addressee delivery only, the applicable Postal Service receipts, and returned receipt card signed by the Defendant are attached hereto and made a part hereof as proof of Service of Original Process. The Complaint in Divorce, filed February 18, 2009, is hereby corrected at Paragraph 3 to note the correct date of separation of the parties as April 1, 2004, and at Paragraph 8 to note the correct date of birth of the minor child Chloie N. Diamond as July 14, 2003. The statements made in this Service of Original Process, with Complaint corrections, are true and correct and the undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. r March 3, 2009 Darla S. Diamond [Plaintiff] 319 Third Street, Apartment 6 West Fairview, PA 17025 717.802.2349 :attachment le" >s DARLA S. DIAMOND, Plaintiff V. WILLIAM D. DIAMOND-SWEGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 09-994 IN DIVORCE 7008 0150 0002 5364 0706 k--r---, ¦ Cortt0vto Nam 1, 2, and S. Also complete item 4 N Restricted D*4wy is desired. ¦ Print your name and addraw on the reverse so that we can return the curd to you. ¦ Attach this card to the back of the maiipiece or on the front if space permits. 1. ArWo Addressed to: a3s"? N3)6- 2. ArOds Ntnrbw (llarrsibrf6 m ant?be lab* P3 Form 3811, Febrtuwy Zi 0 /gent 8. Rscel"d by (Prh) tsd? 1 c. Date of Dollmy D. b delivery add?ess drmmrt from Rom 1? C3 Yes tf YEs, enter delivery addrewboiow: 13 No 9. type r Nkd MNN ? trr.s. MsN CJ Rdum Recoo for Merdt wgn o Uwrred mmi O c o.D. 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DIAMOND-SWEGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 09-994 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on February 18, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Mutual Consent Divorce Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention (waived) 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. Maya- , 2009 4 6 f L ff Darla S. Diamond ;r , TI °. i 20, 09 NA,` r€ ?_:-rrr DARLA S. DIAMOND, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. CIVIL ACTION - LAW WILLIAM D. DIAMOND-SWEGER, NO. 09-994 CIVIL TERM Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) 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 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 unsworn falsification to authorities. / Mayes, 20091 Darla S. Diamond '" ...r'.ii it ;I" '{y C ` 1 ?3 ' s `;' Ltd j `i 12. -, Darla S. Diamond V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA William D. Diamond-Sweger NO 09-994 DIVORCE DECREE AND NOW, T u ti e-- (a o o , it is ordered and decreed that Darla S. Diamond plaintiff, and William D. Diamond-Sweger , 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. Rv tho rr1i i.+ rothonotary `ti