HomeMy WebLinkAbout87-0048 ROBERT H. DIETZ, JR.,
Plaintiff : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VSo
: NO. 48 CIVIL 1987
:
PATRICIA A. DIETZ, :
Defendant :
ORDER
AND NOW, this Z~'~ day of January, 1990, a rule is issued on the
defendant to show cause why the requested relief should not be
granted. This rule is returnable and to be heard on the 26th day of
February, 1990, at 9:00 o'clock a.m. in Courtroom Number 4, Cumberland
County Courthouse, Carlisle, PA.
BY THE COURT,
Kevin ~ }{ess, J.
Patrick Sullivan, Esquire
For the Plaintiff
:rlm
ROBERT H. DIETZ, JR. : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: NO. 48 Civil 1987
PATRICIA A. DIETZ, :
Defendant :
--ORDER
AND NOW, this day of
1990, upon consideration of the foregoing motion, it is hereby ordered
and decreed that the Defendant shall turn over to Plaintiff, all
personal property by
_, 1990, and
pay the costs of this Motion twenty (20) days from the date of this
Motion or face further sanctions of the Court.
BY THE COURT:
ROBERT H. DIETZ, JR. : IN THE COURT OF COMMON PLEAS OF
Plaintiff
vs. : CUMBERLAND COUNTY, PENNSYLVANIA
PATRICIA A. DIETZ, : NO. 48 Civil 1987 Defendant :
MOTION UNDER 401(c) OF
THE DIVORCE CODE
Movant is Robert H. Dietz, Jr. in the above captioned
matter.
Plaintiff and Defendant were divorced from marriage on
September 21, 1989 and agreed to split up the following list of
personal property with the Plaintiff,s portion attached hereto as
Exhibit "A", which was at Defendant,s residence and given to
Defendant,s attorney.
Plaintiff has attempted directly and through counsel to
pick up personal property, although she has no objection to the list
although she has not cooperated to turn over the property.
Despite numerous schedulings of time for Plaintiff to pick
up personal property, Defendant has never given Plaintiff accesss
to personal property.
This impasse is solely the result of Defendant,s bad faith
for which the Plaintiff should be awarded counsel fees and costs
of this motion, which total $250.00.
WHEREFORE, the Plaintiff moves this Court to set a time by
which the Defendant must turn over the list of personal property,
- 1 -
pay the costs of this Motion or face further sanctions of the Court.
Respectfully submitted,
/,
Patrick T. Sullivan
- 2 -
ROBERT H. DIETZ, JR.,
Plaintiff : IN THE COURT OF COMMON PLEAS OF
vs. : CUMBERLAND COUNTY, PENNSYLVANIA
PATRICIA A.DIETZ, : NO. 48 CIVIL 1987
Defendant ~
CERTIFICATE OF SERVICE
AND NOW, this 30th
DAY OF January
1990, Patrick T. Sullivan, Esquire, Attorney for Plaintiff, -
do hereby certify that I this day deposited a true and correct
copy of Motion and Order
A. Dietz, by depositing same in the United States mail,
postage prepaid, certified mail, receipt return requested.
No. p 095 952 988 addressed to:
Ronald D. Butler, P.C.
300 North 2nd Street
Penthouse Suite
Harrisburg, Pa. 17108
Attorney for Plaintiff ire
5968 Linglestown Road
Harrisburg, Pa. 17112
(717) 652-1814
RONALD D. BUTLER, P. C.
ATTORNEYS AT LAW
THREE HUNDRED NORTH SECONO STREET
PENTHOUSE SUITE
HAR. R. ISBURG, PENNSYLVANIA 17108~0,4-30
POST Orr,CE SOX ~-30 (717) 236-1zl.85
FAX (71~ ~36-7777
February 6, 1990
Honorable Kevin A. Hess
Judge, Court of Common Pleas
Cumberland County Courthouse
S. Hanover Street
Carlisle, PA 17013
Re: Robert H. Dietz, Jr. v. Patricia A. Dietz
No. 48 Civil 1987
Dear Judge Hess:
I represent Patricia A. Dietz, defendant in the above-captioned
matter. Pursuant to your Order of January 25, 1990, a Rule was issued on
the defendant to show cause why the requested relief should not be granted.
The Rule is returnable and to be heard on the 26th day of February, 1990 at
9:00 A.M. in Courtroom Number 4. Unfortunately, I will be on vacation and
out of the country on that date. I would appreciate your rescheduling the
hearing at your convenience.
Your cooperation in this matter is appreciated.
Very truly yours,
Ronald D. Butler
RDB/cls
cc: Patrick Sullivan, Esquire
COMMONWEALTH OF PENNSYLVANIA
COURTHOUSE
P.O. BOX 189
CARLISLE. PA
KEVIN A. HESS 17013
JUDGE --
(717) 240-6296
September 15, 1989
Patrick Sullivan, Esquire
P. O. Box 6034
Harrisburg, PA 17112
Re: Deitz v. Deitz
No. 48 Civil 1987
Dear Mr. Sullivan:
In reviewing this file, I am unable to locate the
defendant's affidavit of consent. When the affidavit is filed, I
will be happy to sign the decree.
Very~~truly >urn.
Kevin A. Hess
KAH/r lm
statE Of PENNA.
..R___°_~.~R_.~__..H :_...~.E~Z_.:.
......... '~"~/~'F/~i'i'~i~ ............ No .......... .~.8. ......... ~.l...v.k~, 19 8?
Versus
---r--~-R- LC ~.. ~ ,..~ .P!_.~Z .~ .......................................
Defendant
DECREE IN
DIVORCE
AND NOW ...... .~..~,?.~ .... .~/..~... 19 ~ it is ordered and
bert H. Dietz, Jr
decreed th~° .............. · , plaintiff,
and Patricia A. Dietz
.......................................................... defendant,
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
ROBERT H. DI£TZ, OR. NO, 48 CIVIL 1987
Plaintiff
PATRICIA A. DI.'.ETZ,
Defendant
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 (201(c))
(2~(~)-~)) of the Divorce Code. (Strike out inapplicable section.)
2. Date and manner of service of the complaint: By Deputy Sheriff of
Cumberland Countyr Pennsylvaniar Barry J. Horn on 2/19/87 at 12:18. P.M.
3. (Complete either paragraph (a) or (b) .)
(a) Date Of execution of the affidavit of consent required by Section
201(c) of the Divorce Code:' by the plaintiff September 7, 1989 ;
by defendant September 6, 1989 .
(b) (1) Date of execution of the plaintiff's affidavit required by
Section 201(d) of the Divorce Code: ;
(2) date of service of the plaintiff's affidavit upon the defendant:
4. Related claims pending: None
R OBERT H. D I E TZ, JR. : IN THE COURT OF COMMON PLEAS OF
P l a i n t i f f : CUMBE~ COUNTY, PENNSYLVANIA
VS. : NO. ~/? ~-~ l~q
:
PATRICIA A. DIETZ,
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'cla~m~_
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 break-
down of the marriage, you must request marriage counseling. A list of marriage
counselors is available in the Office of the Prothonotary at
CUMBERLAND COUNTY COURTHOUSE~ CARLISLE~ PENNSYLVANIA~ 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.
COURT ADMINISTRATOR, THIRD FLOOR
CUMBE~ COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA
TELEPHONE: 249-1133
COMPLAINT UNDER SECTION 201(c) OR 201(d)
OF THE DIVORCE CODE
1. Plaintiff is Robert H. Dietz, Jr. , who currently
resides at 413 Cocklin St., Mechanicsburg, Cumberland Co., Pa. 17055
2. Defendant is Patricia A. Dietz , who currently
resides at413 Cocklin St., Mechanicsburg, Cumberland Co., Pa. 17055
3. Plaintiff and Defendant ~/have been a
bona fide resident(s) in the Commonwealth for at least six months
immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on May 30, 1958
at Mount Wolf, York County, Pennsylvania
5. There have been no prior actions of divorce or for
annulment between the parties.
6. The marriage is irretrievably broken.
7. Pl'aintiff requests the court to enter a decree of
divorce.
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. S 4904, relating
to unsworn falsification to authorities.
Plaintiff
Attorney for Plaintiff
Page 2
SHERIFF'S RETURN
COMMONWE~_LTH OF PENNSYLVANIA
COUNTY OF CUMBERI.~ND
In the Court of Common Pleas of
Robert H. Deitz, Jr. Cumberland County, Pennsylvania
No. 48 Civil 1987
Complaint Action In Divorce Notice To
VS Defend and Claim Rights
Patricia A. Deitz
Barry J.HOrn ,X~~Xor Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law, says,
~hat he served the within Complaint Action In Divorce Notice To Defend and Claim
Rights
upon Patricia A. Deitz , the defendant, at 12:18 o'clock P M.
EST /~, on the 19th day of February , 19 87 , at
Rts 11 & 15 Summerdale Plaza, Summerdaie ,Cumberland County,
(street number) _ (city or ~own)
Pennsylvania, by handing to Fatricia Deitz
Claim ~g%~Use and attested copy of the Complaint Action In Divorce Notice To Defend and,
and at ~he same time directing her attention to ~he con~en~s ~hereof and
the "No'rice to Plead" endorsed thereon.
Sheriff's Cos ts:
. ~$o answers: ~i~Z~ ~
Docketing 14.00 ~~2.~.~.~ ~ ~
Se~ice 9.43 ,~~ .....
Af f idavi ~
Surcharge 2.00 WILLI~ K. BECK, Sheriff
~--$ 25.43 pd. by ~ ~~
S~O~ and subserSbed begoge me arty 2-20-87 by ~
~his .~ day of~Z -'- ~ - __
Deputy Sm~rzf f
Prothon~ry ~
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 201(c) of
the Divorce Code was filed on January 9, 1987.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of the filing
of the Complaint.
3. ! consent to the entry of a final Decree in Divorce.
4. I understand that if a claim for alimony, alimony
pendente lite, marital property or counsel fees or expenses has not
been filed with the Court before the entry of a final decree in
divorce, the right to claim any of them will be lost.
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.
ROBERT H. DIETZ, JR., : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 48 CIVIL 1987
V. :
CIVIL ACTION - LAW
PATRICIA A. DIETZ, : IN DIVORCE
Defendant :
AFFIDAVIT
1. I have been advised of the availability of marriage counseling
and understand that I may request that the court require that my spouse and
I participate in counseling.
2. I understand that the court maintains a list of marriage counselors
in the Prothonotary's Office, which list is available to me upon request.
3. Being so advised, I do not require that the court require that
my spouse and I participate in counseling prior to a divorce decree being
handed.down by the court.
I verify that the statements made in this Affidavit are true and
correct. I understand that false statements herein made are subject to the
penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities.
t Patricia A. z
ROBERT H. DIETZ, JR., : IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 48 CIVIL 1987
V.
CIVIL ACTION - LAW
PATRICIA A. DIETZ, : IN DIVORCE
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 201 (c) of the Divorce
Code was filed on February 17, 1987.
2. The marriage of the Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing the Complaint.
3. I consent to the entry of a final decree in divorce.
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.
I verify that the statements made in this Affidavit are true and
correct. I understand that false statements herein made are subject to the
penalties of 18 Pa. C.S. §4904 relating to.unsworn falsification to authorities.
ROBERT H. DIETZ, JR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. 48 CIVIL 1987
PATRICIA A. DIETZ, :
Defendant : IN DIVORCE
ORDER
AND NOW, this f~ day of February, 1990, at the request of
counsel for the defendant and with the concurrence of counsel for the
plaintiff, the hearing set for February 26, 1990, is continued to
Friday, March 30, 1990, at 1:00 p.m. in Courtroom Number 4, Cumberland
County Courthouse, Carlisle, PA.
BY THE COURT,
For the Plaintiff
Ronald Butler, Esquire
For the Defendant ~'
: rlm
~/dlD~lr,8d
ROBERT H. DIETZ, JR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
V. :
:
PATRICIA A. DIETZ, :
Defendant : NO. 48 Civil 1987
ANSWER TO MOTION UNDER 401(c) OF THE DIVORCE CODE
AND NOW comes Patricia A. Dietz by her attorney, Ronald D. Butler,
Esquire, and makes the following Answer:
It is admitted that Plaintiff and Defendant were divorced from marriage
on September 21, 1989. It is further admitted that Plaintiff and Defendant
agreed to a division between them to their mutual satisfaction of the personal
effects, household furniture and furnishings, and all other similar items
of personal property which had hereto been used by them in common. It is
denied that Defendant agreed that Plaintiff was to receive those items listed
on Exhibit "A" attached to Plaintiff's Motion. To the contrary, it is averred
that Defendant has agreed that Plaintiff is to receive those items listed
on Exhibit "A" attached to this Answer.
It is admitted that Plaintiff has attempted directly and through
counsel to pick up the personal property listed on Exhibit "A" of the Motion.
It is denied that Defendant ever agreed that Plaintiff was to receive those
items listed on Exhibit "A" of the Motion.
Defendant is ready and willing to turn over to Plaintiff those items
listed on Exhibit "A" of the Answer at any time at the mutual convenience
of the parties. The items of personal property will be placed outside of
Defendant's residence at that appropriate time so that Plaintiff can load
them into a truck. Defendant will not permit Plaintiff to enter her residence
for the purpose of removing these items.
It is denied that this impasse is solely the result of Defendant's
bad faith. It is denied that Plaintiff should be awarded counsel fees and
costs of this Motion, which total Two Hundred Fifty ($250.00) Dollars. To
the contrary, it is averred that Defendant has incurred unnecessary legal
costs as a result of Plaintiff's Motion in the amount of Three Hundred
($300.00) Dollars.
WHEREFORE, Defendant moves this Court to deny Plaintiff's Motion
to set a time by which the Defendant must turn over the list of personal
property set forth on Exhibit "A" of Plaintiff's Motion. Defendant further
moves this Court to order Plaintiff to pay Defendant's attorney's fees in
the amount of Three Hundred ($300.00) Dollars.
Respectfully submitted,
Ronald D. Butler, Esquire
Attorney for Defendant
I.D. #09826
300 North Second Street
P.O. Box 430
Harrisburg, PA 17108
(717) 236-1485
-2-
VEIIIFIC~?ION
I, Patricia A. Dietz, hereby certify that the facts set forth in
the foregoing Answer, are true and correct according to the best of my knowledge,
information and belief.
I understand that any false statements herein are made subject to
the penalties of 18 Pa. C.S. §4904 relating t-o unsworn falsification to authorities.
Patricia A~etz
Dated: ~.~/~/~
/ ! ·
EXHIBIT "A"
1. Baldwin piano and music in piano bench
2. Grandfather's unframed paintings
3. 1 antique clock frame
4. 1 quilt his mother made
5. White cabinet with black top and contents
6. 1 set of bar glasses, 1 sign, 1 banner and 1 poster
7. Fisher VCR and related hookups
8. Canon replica of Spanish deck gun
9. Boy Scout box in basement
10. Brown Hoover dial-a-matic vacuum cleaner
11. Outrigger (model boat)
12. 1 tea towel and dish cloth
13. 1 set of single sheets and 2 pillow cases
14. 1 single blanket
15. 1 single bedspread
16. Remaining clothing he previously chose not to take
17. ~ dozen car rags
18. 5 records
19. Electric barbeque grill
20. College books
21. Insurance policy
22. Birth certificate
23. High school and college diplomas
24. Items he already removed from the property. He did not list
everything he already took, however he may keep them.
CERTIFICATE OF
I, Ronald D. Butler, Esquire, hereby certify that on the
day of February, 1990, I served a true and correct copy of the foreoing Answer
upon Patrick T. Sullivan, Esquire, attorney for Plaintiff, by depositing same
in the United States Mail, postage prepaid in Harrisburg, Pennsylvania, addressed
as follows:
Patrick T. Sullivan, Esquire
5968 Linglestown Road
Harrisburg, PA 17112
Ronald D. Butler, Esquire
Attorney for Defendant
I.D. #09826
300 North Second Street
P.O. Box 430
Harrisburg, PA 17108
(717) 236-1485
5968 LINGLESTOWN ROAD /~.~
HARRISBURG, PENNSYLVANIA 17112 ~~
"ON THE SQUARE"
717-652-1814
April 3, 1990
Honorable Kevin A. Hess
Judge, Court of Common Pleas
Cumberland County Courthouse
S. Hanover Street
Carlisle, Pa. 17013
Re: Robert H. Dietz, Jr. v.
Patricia A. Dietz
No. 48 Civil 1987
Dear Judge Hess:
The above referred case scheduled for hearing
Friday, March 30, 1990 was settled between counsel and parties.
A copy of their signed agreement is attached hereto and
submitted upon agreement of counsel.
I reported to your chambers an agreement was reached
and do here enclose a copy of same. I agree to withdraw my
complaint with prejudice, pending distribution of property on
May 6, 1990.
Sincerely,
..,,, y t/
Patrick T. Sullivan
PTS/bas
Enclosure