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Home My WebLink About05-4759 F\DOCS\DIV\DIETRICH,JUDY-notice JUDY A. DIETRICH Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. oS - Lt'J-tj (!~ WILLIAM W. DIETRICH, Defendant CIVIL ACTION - IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claimo 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 Courthouse, Carlisle, PA 17013. 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 Count v Bar Association 32 South Bedford Street Carlisle, PA 17013-3302 Telephone: (717) 249-3166 " I fl\div\DIETRICH,JUDY-3301d JUDY A. DIETRICH Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. () 5- Lf '1 j'""? WILLIAM W. DIETRICH, Defendant CIVIL ACTION - IN DIVORCE COMPLAINT IN DIVORCE COUNT I 1. Plaintiff is JUDY A. DIETRICH, an adult individual residing at 675 Brandy Run Road, Newville, Cumberland County, Pennsylvania, 17241. 2. Defendant is WILLIAM W. DIETRICH, an adult individual resid- ing at 675 Brandy Run Road, Newville, Cumberland County, Pennsylvania, 17241 3. The plaintiff and defendant have been bona fide residents of the Commonwealth of Pennsylvania for more than six months before filing the complaint in divorce. 4. The plaintiff and defendant were married on December 18, 1993, in York County, Pennsylvania. 5. The plaintiff and defendant are citizens of the United States. 6. There have been no prlor actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. -1- 7. The marriage lS irretrievably broken. 8. The defendant is not a member of the Armed Services of the United States. 9. The Plaintiff avers that no children have been born of this marriage. 10. The plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. WHEREFORE, plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to ~ 3301(d) of the Divorce Code. COUNT II - ADULTERY 11. Paragraph numbers one through ten are incorporated by refer ence as if fully set forth herein. 12. The defendant in this action has committed adultery during the course and term of the marriage. 13. The alleged adulteress' name is Nicole Kelley and she resides at 322 High Mountain Road, Shippensburg, Pennsylvania, 17080. 14. The grounds upon which this action is based is 23 Pa. C.S.A ~3301(a) (2) as the defendant has committed adultery pursuant to that Section of the Divorce Code. -2- , -I WHEREFORE, the plaintiff requests a decree in divorce pursuant t Section 3301(a) (2) of the Divorce Code. COUNT III - INDIGNITIES 15. Paragraph numbers one through fourteen are incorporated by reference as if fully set forth herein. 16. The grounds upon which this action is based are indignities pursuant to Section 3301(a) (6) of the Divorce Code. During this marriage, the defendant has committed such indignities against the plaintiff so as to make her life burdensome and intolerable. 17. The plaintiff requests the Court issue a decree in divorce based upon indignities pursuant to Section 3301(a) (6). 18. The plaintiff has been advised that counseling lS available and that the plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, plaintiff respectfully requests this Honorable Court to issue a Decree in Divorce divorcing her from the bonds of matrimon' pursuant to Section 3301(a) (6) of the Divorce Code. COUNT IV - Request for Equitable Distribution of Marital Property Under~ 3502(a) of the Divorce Code 19. Paragraph numbers one through eighteen are incorporated by reference as if fully set forth herein. -3- 20. The plaintiff and the defendant have lawfully and beneficially acquired property, both real and personal, during their marriage from December 18, 1993, until the present. 21. The plaintiff requests the Court to equitably divide all marital property pursuant to Section 3502 of the Pennsylvania DivorcE Act. WHEREFORE, plaintiff respectfully requests this Honorable Court to award equitable distribution of the marital property. COUNT V - ALIMONY 22. Paragraph numbers one through twenty-one are incorporated b reference as if fully set forth herein. 23. The plaintiff's birth date is December 9, 1954, and she currently lives at 675 Brandy Run Road, Newville, Cumberland County, Pennsylvania, 17241. The defendant's birth date is August 8, 1971, and he currently lives at 675 Brandy Run Road, Newville, Cumberland County, Pennsylvania, 17241. 24. The plaintiff requires reasonable support and alimony to adequately maintain herself in accordance with the standard of living established during the marriage. 25. The plaintiff requests the Court to allow alimony as it deems reasonable pursuant to Sections 3701 and 3702 of the Pennsylvania Divorce Act. -4- WHEREFORE, the plaintiff requests this Honorable Court to award alimony to the plaintiff in such amount as this Court deems just and reasonable. COUNT VI - ALIMONY PENDENTE LITE, COUNSEL FEES, AND EXPENSES 26. Paragraph numbers one through twenty-five are incorporated by reference as if fully set forth herein. 27. The plaintiff has retained Elizabeth B. Stone as counsel an because of the anticipated protracted litigation expenses and her limited lncome is unable to pay for the expenses of counsel and litigation. 28. The plaintiff has engaged the services of counsel on a time basis by which her attorney charges fees based at a rate of $175.00 per hour. 29. By reason of this action, Plaintiff has been and will be put to considerable expense in the preparation of her case, in the employment of counsel, and the payment of costs. 30. Plaintiff's income is not sufficient to provide for her reasonable needs and pay her attorney's fees, and the cost of this litigation. 31. Defendant has adequate earnings to provide for Plaintiff's support and to pay her counsel fees, costs and expenses. -5- 32. The plaintiff requests the Court to allow her reasonable counsel fees, costs and expenses pursuant to Section 3702 of the Pennsylvania Divorce Act. WHEREFORE, the plaintiff prays your Honorable Court to requlre the defendant to pay just and reasonable counsel fees, costs and expenses incurred by plaintiff and such other relief as this Court deems just and reasonable. Respectfully Submitted, STONE LaFAVER/& SHEKLETSKI /,J' .1/ ". DATE: o ,.r'" -/" / 3 ~ 0) v' -6- . . . II I I VERIFICATION Judy A. Dietrich states that she is the Plaintiff named in the foregoing instrument and that she is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of her knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. S4904 relating to unsworn falsification to authorities. ~\l~ ~~ . JUDY A. DIETRICH Date: ~ - \~ - C0S ~R~ ~J j ~ ~ C:2 t., ; (-, I;:) ":'-(t >:-; :-;! r~l -.. "'} v..-~- '- ,_.', c) c"--\ v: d fl\div\DIETRICH,JODY-returnofservice JUDY A. DIETRICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-4759 CIVIL TERM WILLIAM W. DIETRICH, Defendant CIVIL ACTION - LAW IN DIVORCE RETURN OF SERVICE On the 14th day of September, 2005, I, Edgar J. Siptroth, Jr., served WILLIAM W. DIETRICH, the defendant herein, by personally handing a certified copy of the complaint to him at 675 Brandy Run Road, Newville, Pennsylvania, 17241. I verify that the statements in this Return of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Sec. 4904 relating to unsworn falsification to authorities. Date: .~l1.f{ J~ ;lOGO' (\) ~ J) "0 '" 0 & ..... .0 E ClC) ~ , :>. @ ~ Q. ~ 0 '" O~ C ~ -.. .~ (\) E J:::. ." '" . ~ c~ "l (\) .- Et c:: (\) 0 ~ +-J:::. .. ~B a.. (\) 0 '" +- o C - 0 +- .- a; in ~ a; 00 Oi J:::. () E .. U ;;; +- -- .. e 1J~ z "Q ~ C- oE ~f 0) 0 -g~ ~ C -~ t'( +-=Q r-.. Uo> .... l!1 C ..0 o .- ut; i:i. "0 @ : 0 ~ c: , N C<;t !.<J II: ""' 00 .ll(j "" -..... (\)0- ~ c:: '> .E~ .. 8, .:.; a:: O)<t; rl ~ .. ~ en U .!! 12 o - :i , U """0 :5 (\) . QR ~ c:co -. ~ I ~ (\)~ a; in U)- E f u () ~ "- 0 .. 0", Z ." c-~ ~ 0..::: ~ 0 Q. (\) C N ~~ (\)0) :E:E .~ .2 .1!1+- C ~ 0) '_ En (\) ::l +- '" 'E ~ .. 0) "Q c:: J:::. ~ +- .!l 0 J :E v ~ a; = -'" <J g: E e ~ .. 0 Z ." a; in ~ - ~ E f u Q .. Z ." ." <( 2- -otr: 0;\.\" ~t+ cY1 ,0'/ ~\:~ -~'L,~ 'Pc.. z: '2 ~ q. ~ .-l -n u> ~e Cd -0. \;J:.\ 'Py N 00 -- ~~\ -:~'B ~fT\ 9 ~ -0 :;ll: tP. ~ [1 \,j i V'\ C:ETEI:::E, ,JUCY -y,;' thdra'" JUDY A. DIETRICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-4759 CIVIL TERM WILLIAM W. DIETRICH, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw the divorce complaint filed on behalf of the plaintiff, JUDY A. DIETRICH, in the above captioned matter. Date: {-,30- ok:, ;~~.J ',~_-~ C'} ~~-~ -n -n ~.:,:! r..-; C'"J ill ! LO :'"~" ,,--