HomeMy WebLinkAbout06-1842
". .
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 0(., -/1>4)" (}L.t)~l '-rffl-~
: CIVIL ACTION - LAW
: IN DIVORCE
MELODY L DAGEN,
Plaintiff
ROBERT C. DAGEN,
Defendant
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following papers, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you and a Decree in 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, One Courthouse Square, Carlisle,
Pennsylvania.
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 County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Phone: (717) 249-3166
~~
Attorney for Plaintiff
c .
MELODY 1. DAGEN,
Plaintiff
; IN THE COURT OF COMMON PLEAS
; CUMBERLAND COUNTY, PENNSYL VANIA
v.
; NO. 0 (, - /tY..L-
ROBERT C. DAGEN,
Defendant
: CIVIL ACTION - LAW
; IN DIVORCE
NOTICE OF AVAILABILITY OF COUNSELING
To the Within Named Defendant:
You have been named as the Defendant in a divorce proceeding filed in the Court of
Common Pleas of Cumberland County. This notice is to advise you that in accordance with
Section 3302(d) ofthe Divorce Code, you may request that the Court require you and your spouse
to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of
professional marriage counselors is available at the Office of the Prothonotary, One Courthouse
Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and
you are not bound to choose a counselor from this list. All necessary arrangements and the cost of
counseling sessions are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your request for counseling within
twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a
waiver of your right to request counseling.
Prothonotary
, .
MELODY L. DAGEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. Ol n - IP't J..
C;v~l~8VI
ROBERT C. DAGEN,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
COMPLAINT FOR DIVORCE
1. Plaintiff is Melody L. Dagen, social security no. 189-46-6033, who currently resides
at 522 4th Street, New Cumberland, Cumberland County, Pennsylvania 17070.
2. Defendant is Robert C. Dagen, social security no. 189-58-6527, who currently
resides at 522 4th Street, New Cumberland, Cumberland County, Pennsylvania 17070.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at
least six months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on September 23, 2000, in Middletown,
Pennsylvania.
5. There have been no prior actions for divorce or annulment between the parties.
6. The Plaintiff is a citizen of the United States of America.
7. The Defendant is not a member of the Armed Services of the United States of
America or its Allies.
8. The marriage is irretrievably broken.
9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff
may have the right to request that the Court require the parties to participate in counseling.
10. Plaintiff requests the Court to enter a Decree in Divorce.
. .
II. This action is not collusive.
WHEREFORE, the Plaintiff requests the Court to enter a Decree in Divorce dissolving the
marriage between the Plaintiff and Defendant.
Respectfully submitted,
JAMES, SMITH, DIETTERICK
& CONNELLY, LLP
Dated: S /S(~/o("
.
4A/r:JL
By:
Susan M. Kadel
Attorney I.D. #44837
P.O. Box 650
Hershey, P A 17033-0650
(717) 533-3280
Attorneys for Plaintiff
Melody L. Dagen
VERIFICATION
I, MELODY L. DAGEN, verifY that the statements made in the pleading document 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: 3 -;2 7-{)~
)///
Melody L. Dag
{
{,g..
0 - Q
~ ...()
T'\i.. C>
Ul
~ ~ C1
-::t c
:::~
.\ ~ -I"~ ; , ,
!"\ "
- ~ ~
-::t ~, -.,
\..,'-,)
\Y ~ ..F"
"
.
(,,)
~ , "
" "
..-
MELODY 1. DAGEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 06-1842 Civil Term
ROBERT C. DAGEN,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
ACCEPTANCE OF SERVICE
I, Robert C. Dagen, do hereby accept service of the Complaint in Divorce, Notice to Defend
and Claim Rights and Notice of Availability of Counseling in the above-captioned divorce action.
Date: #L-
Robert C. Dagen, Defi
()
-,-1
,__I,
:~
r'"
i"';,'
MELODY L. DAGEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2006-1842 Civil Term
ROBERT C. DAGEN,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
March 29, 2006.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days
have elapsed from the date of both the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of Notice ofIntention
to request entry of the Decree.
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE
DECREE UNDER !l3301(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 ifI 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 above are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904, relating to unsworn
falsification to authorities.
~
Date: '7 - I 3 ~ 0 f.tJ
~L2J~A1
Melo y L. Dag Plaintiff
'_J
f\..;
~
,~,
-f"j
MELODY L. DAGEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2006-1842 Civil Term
ROBERT C. DAGEN,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
March 29, 2006.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days
have elapsed from the date of both the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of Notice of Intention
to request entry of the Decree.
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE
DECREE UNDER !!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 in 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 above are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904, relating to unsworn
falsification to authorities.
Date: r7f 6
f~0?AP---
Robert C. Dag~dant
~.
,-
(:~
,_.
~~~
--1
-,-
il-=j ~~!
."...,...
ro-
<
10
MELODY L. DAGEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2006-1842 Civil Tenn
ROBERT C. DAGEN,
Defendant
: CML 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 (XX) 3301(c) ()
3301(d) of the Divorce Code.
2. Date and manner of service of the Complaint: Acceptance of Service signed by
Defendant, Robert C. Dagen on April 4, 2006 and filed on April 7, 2006.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the Affidavit of Consent and Waiver of Counseling
required by Section 3301 (c) of the Divorce Code: by Plaintiff: July 13, 2006; Defendant: July 7,
2006.
(b) (1) Date of execution of the Plaintiff's Affidavit required by Section 3301(d) of
the Divorce Code:
(2) Date of service of the Plaintiff's Affidavit upon the Defendant:
. .
.
4. Related claims pending: None.
5. Date and manner of service of Notice of Intention to file Praecipe to Transmit
Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the
Divorce Code:
or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree
under Section 3301(c) of the Divorce Code: by Plaintiff: July 13,2006; by Defendant: July 7,
2006.
and, date of filing of the Waiver of Notice of Intention to Request Entry ofa Divorce
Decree: Both the Plaintiff's and Defendant's Waivers are being filed simultaneously with this
Praecipe.
JAMES, SMITH, DIETIERRICK & CONNELLY LLP
Date: July /.5 , 2006
S cl, squrre
Attorney for Plaintiff
Post Office Box 650
Hershey, P A 17033
(717) 533-3280
P A J.D. No. 44837
C)
'.-f'l
(" ::;-3
:'+i
....
--~) , )
r...2. .:<
.
.
. .
..
.
.
.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PEN NA.
MELODY L. DAGEN
No. 2006-1842
Plaintiff
VERSUS
ROBERT C. DAGEN
Defendant
.
DECREE IN
DIVORCE
.
.
AND NOW, -1'~~ l q
2006
IT IS ORDERED AND
DECREED THAT
Melody L. Dagen
, PLAI NTI FF,
.
.
Robert C. Dagen
, DEFENDANT,
AND
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;
.
.
ATTE
.
.
.
.
.
.
.
.
.
.
.
.
. ..
. .
. ..
:+;;f.;t;,t;
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
J,
.
.
.
.
.
.
.
.
.
. "
_,Jrp ~ ~ ~u, ~.~'L
r ~ $- ~ 14>:P'iI 'JO' "'" L
.
. -
c ....!.:, ~ .,. '\ .. ..
... "" _ ."l:.' ~