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HomeMy WebLinkAbout04-5499 II 'I i'" JON I F. DEIHL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004- ..s497' CIVIL TERM RANDOLPH M. DEIHL, Defendant 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 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 Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FORALlMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IFYOU DO NOT HAVE AN ATTORNEY 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, Pennsylvania 17013 (717) 249-3166 1\ JONI F. DEIHL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004- S4Q9 CIVIL TERM RANDOLPH M. DEIHL, Defendant CIVIL ACTION-LAW IN DIVORCE COMPLAINT UNDER SECTIONS 3301{c) AND 3301{d) OF THE DIVORCE CODE 1. Plaintiff is Joni F. Deihl, an adult individual who currently resides at 13 Midland Drive, Mt. Holly Springs, Cumberland County, Pennsylvania. 2. Defendant is Randolph M. Deihl, an adult individual who currently resides at 30 East Scenic Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 28, 1979 in Centerville, Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in Counseling. 9. Plaintiff requests the court to enter a decree of divorce. II " ii... WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. COUNT II-EQUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. The parties have acquired real estate, personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: November 1- ,2004 lI1~iJ~ Michael A. Scherer, Esquire I.D.# 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff, Joni F. Deihl mas\Domestic\Deihl\Deihl\divorce.comp il 'I~ VERI FICA TION I 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. C.S. 9 4904, relating to unsworn falsification to authorities. ~1~ Joni F. Deihl Date: /fI /,).7/ D '1 rfi~~ " ( (:) ~ (") ~ N c::::> 0 1 R..J "'9. c = -fl ~;..:: ..r- tf:- ~ RJ ~ .....'0 t,~~:- % ~~ l~_} i..! '; c-:> D C) \) .'........ -< t~~ ~:~ ~ , -0 -0 :lJ - CI{ .....r~. ... 0 ~ D r~\... .-1< 1J - D ~ :.t:B ~ ;~:: C' -0 ~ CJ 3: 90 I j;E~ "'-In ~ W S~ ~:~ ",.,. ~,~ ~ -< 00 -< f~ ~G II JONI F. DEIHL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-5499 CIIVIL TERM CIVIL ACTION-LAW IN DIVORCE v. RANDOLPH M. DEIHL, Defendant ACCEPTANCE OF SERVICE, AND NOW, this /.cVt- day of ~ , 2004, I, Randolph M. Deihl, Defendant above, hereby accept service of the Complaint filed in the above case pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a true and attested copy of said Complaint. fie o~ -;-~ \ l-t \ , i,.'., .-.:> c;.."? 'if- c::J en l-) \ e,..J " ," ~, - '\. q, ...-1 .~-';~g rl\1\ :'0 y 'r~f~ ~p. :~ N N ~ il JON I F, DEIHL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2004 - 5499 CIVil TERM V, RANDOLPH M, DEIHL, Defendant CIVil ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C} OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on November 1, 2004. 2, Defendant acknowledges receipt and accepted service of the Complaint on December 1, 2004. 3, The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4, I consent to the entry of a final decree in divorce without notice, I I i 6. I understand that I will not be divorced until a Divorce Decree is entered by the I: Court and that a copy of the Decree will be sent to me immediately after it is filed with the II Prothonotary, II [' 5, 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, 7, I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling, 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: April~. 2005 {~ 0 /( ~'ct I~eihl () <" -~~ ..'.:? ~.. - ..n .....r.. "",.,) ,<~-------' ...... ,.<..~-_._--------'-'_..._' ..-... JONI F. DEIHL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 5499 CIVil TERM V. RANDOLPH M, DEIHL, Defendant CIVil ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 33011C\ OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on November 1, 2004, 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3, I consent to the entry of a final decree in divorce without notice. 4. 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, 5. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling, I do not request that the court require counseling. 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: '-.)-0""- rl~ ]. L--{ 'J Joni F. Deihl (') q; 'c."" ("' (.:~J c:' ~ "'" = = c.n <- c;:: -."",, ~ ~ ~f9 -om '0<:;:1 06 ~~.. :r4 0(') /.~m (:) --'J 1> ~ I a::> ~ - .. o ,f:" - II JON I F. DEIHL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 5499 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE V, RANDOLPH M. DEIHL, Defendant MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 'Z.11f day of April, 2005 by and between Joni F. Deihl, of Mt. Holly Springs, Cumberland County, Pennsylvania 17065 and Randolph M, Deihl, of Carlisle, Cumberland County, Pennsylvania 17013. WITNESSETH: WHEREAS, Randolph M. Deihl (hereinafter called "Husband") and Joni F. Deihl (hereinafter called "Wife") are husband and wife, having been lawfully married on April 28, 1979 in Centerville, Cumberland County, Pennsylvania; and, WHEREAS, a divorce complaint was filed on November 1, 2004; and, WHEREAS, there are no minor children born of the marriage; and, WHEREAS, the parties hereto are desirous of settling fully and finally their respective marital and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates, NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and suffiCiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1 II 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart at such places as they may desire, free from all control, restraint, interference and authority, direct or indirect, by the other. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Husband has elected to be unrepresented by counsel in this matter, while wife has secured legal advice from Michael A. Scherer, Esquire, who is wife's separate counsel. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 2 II 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. The parties agree that they will each execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order that counsel may finalize the divorce action in a timely fashion, 5. EQUITABLE DISTRIBUTION. A. Real Estate. The parties are the owners as tenants by the entireties of real estate located at 30 East Scenic Drive, Carlisle, Cumberland County, Pennsylvania, which property was the marital residence. The assessed value of the marital residence is $143,080 and there are no liens against the real estate. Since the real estate originated with husband's family many years ago, husband shall pay wife the sum of $60,000 in exchange for wife conveying her interest in said real estate to husband by executing a deed simultaneous to wife's receipt of $60,000 from husband. The parties do not own any other real estate, B. Furnishings and Personalty. Wife shall become the sole owner of the following property which is presently at the marital residence: i. Shenango China; ii. Salt and pepper shakers; iii. Train set; iv, Two quilts; v. Carnival glass; vi. Armoire; vii. Tea sets of each child; and, viii. Some family photographs. 3 II Wife shall arrange to retrieve these items within sixty days of the date of this agreement and husband shall cooperate in making said items available to wife, Aside from these items, the parties have divided by agreement between themselves all furnishings and personalty located in the marital residence and Husband shall retain sole and exclusive ownership of all furnishings and personalty currently in his possession, free and clear of any right, title, claim and/or interest of Wife and Wife shall retain all items of furnishings and personal property currently in her possession as her sole and separate property free and clear of any right, title, claim and/or interest of Husband. C. Motor Vehicles. Husband has titled to his name a Jeep Wrangler and wife hereby conveys her interest in said vehicle to husband. Wife drives a Mercury Villager which had been titled in husband's name, If said vehicle remains titled in husband's name, husband shall retitle the vehicle in wife's name and the Villager shall become the sole property of wife. D. Intanaible Personal Property and Retirement Benefits. Husband is employed with PPG Industries and has accrued pension and/or retirement benefits in connection with his employment. Wife hereby waives any and all interest she may have in the pension and/or retirement benefits husband has accrued with PPG Industries. Wife is employed by Lear Corporation and has accrued pension and/or retirement benefits in connection with her employment. Husband hereby waives any and all interest he may have in the pension and/or retirement benefits wife has accrued with Lear Corporation, There are no substantial bank accounts, savings accounts, certificates of deposit, annuities, stocks or bonds which constitute either marital or non-marital property. The parties have divided to their mutual satisfaction all intangible personal property heretofore used or owned by them in common, and neither party will make a claim to any such property presently titled in the name of the other party or in the possession of the other party, 4 II E. Miscellaneous ProDertv. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession, This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to together. F. Marital Debt. The parties acknowledge and agree that there are no outstanding joint obligations. In the event there are any other debts in the name of either party, the party in whose name the debt appears with the creditor shall be solely responsible for such debts and shall hold the other harmless on the obligations. G. Sarah Deihl. Husband agrees to continue to provide health insurance coverage for the parties' daughter, Sarah, until she graduates from college or is no longer permitted to be insured under the policy under substantially the same terms as presently apply, 6. SUPPORT. ALIMONY. ALIMONY PENDENTE LITE. SPOUSAL SUPPORT. Neither party shall pay the other spousal support, alimony pendente lite or alimony in connection with this separation and divorce. 7. RELEASE OF CLAIMS. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to ~3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. 8. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto, 9. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party, 5 II . 10. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 11. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract, Such remedi~ equity are specifically not waived or released. ......... . ......... . IN WITNESS WHEREOF, the parties hereto set tt1~!i:~ '.' ~:~nd seals on the dates of WITNESS: their acknowledgments. (ji:~ fA fJ~~ Randolph M. Deihl ~-< 7-~ Joni F. Deihl ""..~ n r--> 0 C? c~ r::;,:;> ''f1 "" <- :::1 c. .'_-n -;<i':::: rllp """J~ ~i,O -l eJ.h - l, . '~_. '1', S~ {j '':''J .~~- c> () rfi '8 _.~ .~-,. 0 '.YJ co :.< - II Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 5499 CIVIL TERM JON I F, DEIHL, V, RANDOLPH M. DEIHL, Defendant 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 Section 3301(c) of the divorce code, 2, Date and manner of service of the complaint: Defendant signed an Acceptance Of Service form on December 1, 2004. 3. (Complete either paragraph (a) or (b),) (a) Date of execution of the affidavit of consent required under Section 3301 (c) of the divorce code: by the plaintiff June 2. 2005 by the defendant April 21. 2005 (b) (1) Date of execution ofthe plaintiffs affidavit required by Section 3301 (d) of the divorce code N/A (2) Date of service of the plaintiffs affidavit upon the defendant N/A 4. Related claims pending NONE 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff's waiver of notice in Section 3301 (c) divorce was filed with the Prothonotary: June 8. 2005 Date defendant's waiver of notice in Section 3301 (c) divorce was filed with the Prothonotary: April 21. 2005 i&rf . A ch e . Scherer, Esquire Attorney for Plaintiff, Joni F, Deihl o c:::: ,..., = = "'" <- s=; ..0."- o -n :r., n1p -orn -;)'0 92) y.';-y, ;;.fo;; :0 "":::'C) cirn ,-, -.~ "'iJ :< -.l s:: V) o \D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '*;+:;f.:+:+ :+ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. .. :+:+ :+:+ :+:+:+:f. Of; :+ :+ Of.:+:+:+' :+ Of. :+ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF JONI F. DEIHL, PLAINTIFF VERSUS RANDOLPH M. DEIHL, DEFENDANT AND NOW, DECREED THAT AND PENNA. No. 2004-5499 CIVIL DECREE IN DIVORCE :+ :1;:+:+ :+ .21'~ , ~DD!i, IT IS ORDERED AND 1- JONI F. DEIHL RANDOLPH M. DEIHL , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT THE PARTIES MARITAL SETTLEMENT AGREEMENT DATED APRIL 12, 2005 :+:+:+:+:+ ++ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IS INCORPORATED BUT NOT MERGED HEREIN AS A FINAL ORDER OF COURT. . :+:+:+:f. :+:+ :+:+:+ '+' ~R4d ~ . ~ ~ ROTHONOTARY :+ ;t;'f'+' . . . . . . . . . . . . . . . +:+:+'f:+:++ .. . :+:+:++:+:+ . . . . . J. #-? ~ ~ 5J.Je? ~ fi:" $< ~ 4> I'Yl ><;(/ Ie'? ..' ~ , :~.