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Home My WebLink About11-8848IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA M. DIRLE, Plaintiff, V. MICHAEL W. DIRLE, Defendant. NO. 2011-8848 , v - CIVIL ACTION - LAW == a- n rom :;D z !V C3 --4c, IN DIVORCE =C) --4 AFFIDAVIT OF SERVICE I, Richard J. Seneca hereby verify that on December 13, 2011, I served the Defendant with a true and correct copy of the Complaint Under Section 3301(c) or 3301(d) of the Divorce Code. Service was made on the 13" day of December 2011, at 11:30 a.m. by United States Postal Service, first class mail, postage prepaid, certified, restricted delivery, return receipt requested addressed to the Defendant at 496 Via De Fortuna Way, Mesquite, Nevada 89027. The return receipt signed by the Defendant is attached hereto as Exhibit "A." The Track & Confirm of the United States Postal Service is attached hereto as Exhibit "B." 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: et. ?9 0??11 Sworn to and subscribed before me this 19`h day of December 2011. NOTARIAL SEAL SUSAN L SENECA Nobry PUMIC rFAII,RVIEW TWR. YORK COUNTY mission Expires Feb 25, 2014 Richard J. S eca 564 Old York Road Etters, PA 17319 (717) 932-0465 ¦ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the cared to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: `I96 J;o. 'I>a ?ef ?CV Ao. ?"? McSl.j-, e ' r1*j 2)01 ID ;1'7 Agent O Addressee C. Data of Dellmy D. Is delivery address di vr!1? E3 Yes If YEs, enter delivery} w; ? No :-D ( 4;; co ry i 46M ) I iG' V1 E3 ReWered 0 Retum for Merdwx%e 0 Insured Mall 0 C.O.D. 4. Restricted Deuverrr rf Fee) eyes 2. Article Number, ' fffsaftPOOM S&WO ..._..7003 3110 0003 4195 9671 PS form 3811, February 2004 Domestic RiAum Receipt 102595-02411-tsao 1 c •? +f G xa, e???'? ?1. USPS.com® - Track & Confirm English Customer S-ice USPS Mobile aUS1Wom' Quick Tools Ship a Package Send Mail Manage Your Mail Track & Confirm GET EMAIL UPDATES PRINT DETAILS YOUR LABEL NUMBER SERVICE 70033110000341959671 Check on Another Rem What's your label (or receipt) number? LEGAL Privacy Policy, Terms of Use, FDA, No FEAR Act EEO Data, Copyright(c) 2011 USPS. All Rights Reserved Page 1 of 1 Register / Sign In Search USPS.com or Track Packages Shop Business Solutions STATUS OF YOUR ITEM DATE S, TIME LOCATION FEATURES Delivered ! December 13, 2011, 11:34 am - MESQUITE, NV 89027 Certified Mail° Notice Left ! December 08, 2011, 9:56 am MESQUITE, NV 89027 Depart USPS Sort December 08, 2011 LAS VEGAS, NV 89199 r Facility Processed through . December 08, 2011, 2:50 an LAS VEGAS, NV 89199 USPS Sort Facility Find ON USPS.COM Government Services > Buy Stamps & Shop , Print a Label with Postage, Customer Service , Site Index , ON ABOUT.USPS.COM About USPS Home, Newsroom, Mail Service Updates , Forms & Publications > Careers , OTHER USPS SITES Business Customer Gateway > Postal Inspectors , Inspector General , Postal Explorer , https://tools.usps.com/go/TrackConfirmAction.action 12/19/2011 CERTIFICATE OF SERVICE 1 hereby certify that a copy of the attached Affidavit of Service was served upon the following person by depositing the same in the U.S. Mail, first class, postage prepaid, on December 19, 2011, at Etters, Pennsylvania. Michael W. Dirle 496 Via De Fortuna Way Mesquite, NV 89027 Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 SenecaLaw 564 Old York Road Etters, PA 17319 (717) 932-0465 Attorney for Plaintiff. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA M. DIRLE, NO. 2011-8848 . Plaintiff, v ct , CIVIL ACTION - LAW 1;* ? : V. C) c=), IN DIVORCE -0 MICHAEL W. DIRLE, ? o Defendant. PRAECIPE TO FILE ORIGINAL RETURN RECEIPT TO THE PROTHONOTARY: Please file in the record of this action the original return receipt, attached as Exhibit "A," indicating the Defendant's receipt of service of the Complaint. The Affidavit of Service was filed on December 21, 2011. Date: / ?. ?.. 3 i ?" ?!'f •....,,,?1 L......,,,,, Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 SenecaLaw 564 Old York Road Etters, PA 17319 (717) 932-0465 Attorney for Plaintiff ¦ Complete items 1, 2, and 3. Also complete ftm 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. a Atkach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to, y96 •0. 'D'L 'Fe4ja'... w ;.. 'j 0 0 Addreeeee (PiInted Name) C. Date of Delivery L-Pt(/ D. delivery address yes d"I m ? If YES, enter delivery No % Type 3. noVe erdfled Mali e (i t?xP?ees 0 Registered ? Retum'? 0 Insured Mau 0 C.O.D. 4. Red k ted Delivery? (Extra Fee) for Merctrendke 2. Artkde Number ----7003 3110 0003 4195 9671 PS Form 3811, Fowwy 2004 Dameetk Relum Receipt 102sos ga.waso EXH1g,"r ,1'}tn ` CERTIFICATE OF SERVICE I hereby certify that a copy of the attached Praecipe to File Original Return Recipt was served upon the following person by depositing the same in the U.S. Mail, first class, postage prepaid, on December 23, 2011, at Etters, Pennsylvania. Michael W. Dirle 496 Via De Fortuna Way Mesquite, NV 89027 Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 SenecaLaw 564 Old York Road Etters, PA 17319 (717) 932-0465 Attorney for Plaintiff. C'7 C IN THE COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA -v= No. 2011-8848 Civil Action of Divorce LINDA M. DIRLE v. MICHAEL W. DIRLE Defendant's current address is: 405 Lumpkin Avenue #6, Defense and Claim of Rights COUNT I - DIVORCE rnrn z? zrn ?A Dc;' X C) Tupelo, MS 38801{ N N c_ x rV s? 3 z? bm C) b -4c) C.) I, Michael W. Dirle, and representing myself, do hereby make appeal to the courts for redress and protection in this action. First, I acknowledge the existing marriage since July 7th, 1973. While there have been many continuous years of happiness and respect, I do find that, due to neglect on the part of both parties, our marriage is damaged and irreparable. Hence, this action and my request for equitable distribution of marital property by the Court. I ask for consideration of the lack of timeliness of my actions. Due to the demand of the plaintiff for me to leave my own home and seek asylum elsewhere, I have just this past week, established a permanent residence, as shown above. COUNT II - EQUITABLE DISTRIBUTION OF MARITAL PROPERTY Due to the failure of both parties in this marriage, I seek equitable, meaning equal and not punitive, distribution of properties. I feel that a distribution favoring one party indicates malice or more neglect on the part of one party. This is not the case. Plaintiff is suing for none other than an irreparable relationship. COUNT III - ALIMONY, ETC. Ref. line 13, "Plaintiff is without sufficient funds to support herself..." Plaintiff has access and control of all of my current income. By mutual agreement, she is maintaining the household with all of my income. I am receiving nothing from my earned retirements, but am living off minor investments that were cashed in. These were to have been part of my retirement and are now being prematurely consumed. Ref. line 15, "Defendant has adequate earnings to provide support for Plaintiff and to pay her counsel fees, costs and expenses." The fault of this divorce belongs to both parties, I am, therefore, willing to pay for half of the fees accrued in the action. COUNT IV - ALIMONY Owing to the fact that this action of divorce is of equal fault and cause, I am willing to pay alimony in the amount reflecting such equity, or 50%. This would be of past income (retirements) earned while in our marital relationship, and none of a future origin, income, benefits or other emoluments. Ref. line 17, Plaintiff lacks sufficient property..." If the property of residence (9 Colgate Drive, Camp Hill, PA 17011) were to be sold at the recently appraised price or more, and the equity divided evenly, the plaintiff would have sufficient resources for purchasing a property that would be more in line with her current and future needs. To delay or postpone such a sale is punitive in respect to the Defendant who also requires income for housing. The current market (as I have seen in the Camp Hill area) will allow for an immediate sale without loss to the value and financial distribution of proceeds. When this property was purchased in 1999, there were multiple children at home and space was required for their residence. Since that time, additional living quarters have been constructed for even more inhabitants. No one else is residing at this property other than the plaintiff. Consequently, a smaller property would not encumber the plaintiffs ability for respect, entertainment or self-support. Ref. line 18, "appropriate employment..." The makeup and expenses of this household have changed drastically. Whereas, most recently there were two men in the household who consumed the preponderance of food, energy, utilities and other expenses, neither will be residing there as of February 2012. Consequently, total expenses should be considerably reduced. The plaintiff has an education and experience teaching and should be able to find either part- or full-time employment in the many schools in the immediate school district. However, owing to her age and employment history, expanding her current piano business would be more realistic and less stressful. She charges $30 an hour for piano lessons. Over the past few years, her clientele has been between 14 and 20 students taking % hour lessons. If she had 16 students, that equals one eight hour day. I ask the court to consider the time and effort required for her income needs. Additional students do not affect her overhead. This increase by means of increased students could be expanded or limited as her need for current and future earnings evolve. She has had numerous referrals of recent history. Plaintiff is also in a position to receive familial, social and financial support from her childr*n and church, all of whom reside nearby. The defendant has not such support. Defendant does not have sufficient income or assets to provide continuing and indefinite support for the plaintiff and himself. With the equal division of marital propOties and the payment of alimony, defendant will be required to re-enter a job market that is on the down turn. This, and his age, put the defendant in an earning disadvantage, that is not as easily remedied as the plaintiff. I applonor eciate the Court's consideration of my personal plea and requests and will fully any and all decisions. Resp ctfull Mic el W. Dirle 9 January 2012 A 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA M. DIRLE, ?o NO. 2011-8848 Plaintiff , :Zrn i r CIVIL ACTION - LAW = - U1 N r IN DIVORCE -? MICHAEL W. DIRLE, Defendant. PRAECIPE TO LIST FOR HEARING ON ALIMONY PENDENTE LIT E TO THE PROTHONOTARY: Please list the above-captioned action in divorce for a hearing on the matter of alimony pendente lite with the Domestic Relations Section. Date: '112 31 VL Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 SenecaLaw 564 Old York Road Etters, PA 17319 (717) 932-0465 Attorney for Plaintiff. ?c C: 4r; CERTIFICATE OF SERVICE I hereby certify that a copy of the attached Praecipe to List for Hearing on Alimony Pendente Lite was served upon the following person by depositing the same in the U.S. Mail, class, postage prepaid, on July 23, 2012, at Etters, Pennsylvania. Michael W. Dirle 53 Falmouth Way Bluffton, SC 29909 Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 SenecaLaw 564 Old York Road Etters, PA 17319 (717) 932-0465 rseneca@senecalaw.com Attorney Petitioner/Plaintiff