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Home My WebLink About06-1961KARLA M.DIETRICH, Plaintiff vs. DALE L. DIETRICH.. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2006-Jg1-J CIVIL TERM CIVIL ACTION - LAW ? DIVORCE/C4494:04) NOTICE 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 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. Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF 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 SIIOULD 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, PA 17013 (717) 249-3166 KARLA M.DIETRICH, Plaintiff vs. DALE L. DIETRICH. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006- 19(-/ CIVIL TERM CIVIL ACTION - LAW DIVORCE/CUSTODY COMPLAINT FOR DIVORCE UNDER SECTIONS 3301(c), and 3301(d) OF THE DIVORCE CODE COUNT I - DIVORCE 1. Plaintiff is Karla M. Dietrich, an adult individual who currently resides at 215 West Ridge Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Dale L. Dietrich, an adult individual who currently resides at 2320 Enola Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the parents of one minor child, Alyssa Nichole Dietrich, born March 2, 1996. 4. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 5. Plaintiff and Defendant were married on August 2, 1997 in Newport. Pennsylvania. 6. There have been no prior actions of divorce or annulment between the parties. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 8. Defendant is not a member of the Armed Services of the United States or any of its Allies. 9. Plaintiff avers that the grounds on which the action is based are: a. Section 3301 (c) - the marriage is irretrievably broken. b. Section 3301 (d) - the marriage is irretrievably broken and the parties are now living separate and apart. Once the parties have lived separate and apart for a period of two years, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two years and that the marriage is irretrievably broken. The parties have lived separate and apart since April 15, 2005. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. COUNT 11- EQUITABLE DISTRIBUTION 10. Paragraph-s 1 through 9 are incorporated by reference hereto as fully as though the same were set forth at length. 11. Plaintiff and Defendant have acquired property and debts, both real and personal, during their marriage from August 12, 1997 to April 15, 2005, all of which are "marital property" or "marital debts." 12. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property." WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debts of the parties. COUNT III - ALIMONY PF.NDENTB LITE, COUNSEL FEES AND EXPENSES 13. Plaintiff s paragraphs 1-12 are incorporated herein as though set out in full. 14. The resolution of the of the issues raised by this complaint will require Plaintiff to incur considerable additional expenses and costs. 15. Plaintiff is without sufficient means to adequately support herself and meet the costs and expenses of this litigation and is unable to adequately maintain herself during the pendency of this action. 16. Plaintiff is presently employed with a gross annual income of approximately $17,680.00. 17. Defendant is presently employed with a gross annual income of approximately $42,000.00. COUNT IV - ALIMONY 18. Plaintiff's paragraphs 1-17 are incorporated herein as though set out in full. 19. Plaintiff is without sufficient property to reasonably provide for her needs and is unable to adequately support herself. 20. Plaintiff is unable to support and maintain herself in the manner that she maintained herself during the course of the marriage without the continued financial assistance from Defendant. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree of Divorce, divorcing the parties from the bonds of matrimony. Additionally, according to Section 3702, et. seq., of the Divorce Code, "Alimony Pendente Lite. Counsel Fees and Expenses" and Section 3701 of the Divorce Code "Alimony," Plaintiff respectfully requests that your Honorable Court Order Defendant to file within 30 days of service of this Complaint upon Defendant, a complete Income and Expense Statement, and to require the scheduling of a hearing to determine Plaintiffs entitlement to alimony pendenle lite, counsel fees and expenses, and alimony and if so entitled for any or all. the amount. Respectfully Submitted, Aaron J. Neuharth, squire Neuharth Law Offices 37 South Hanover Street. Suite 203 Carlisle, PA 17013 VERIFICATION 1 verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. 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: Kar ietrich r i Ci ?... ) ' v ` I G, ? ? ?. ? ?. ? V' Q ? a C ? t:J a ?,} ?? ? C d ?e, 1 IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT • OF PENNSYLVANIA - FRANKLIN COUNTY BRANCH KARLA M.DIETRICH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2006 - 1961 CIVIL TERM DALE L. DIETRICH, : CIVIL ACTION - LAW Defendant DIVORCE Affidavit of Service I, Aaron J. Neuharth, of the Neuharth Law Offices, hereby state that on April 11, 2006, I mailed by First Class U.S. Mail and by Certified Mail, No. 7005 0390 0001 5766 3235, Return Receipt Requested, Addressee Only, a copy of the Complaint in Divorce to Defendant, Dale L. Dietrich, at 2320 Enola Road, Carlisle, Pennsylvania 17013, the last known mailing address of Defendant, which documents were received on April 25, 2006, as evidenced by the attached Domestic Return Receipt. (See Attached Exhibit "A"). Aaron J. Neuharth Neuharth Law Offices P.O. Box 359 Chambersburg, PA 17201 (717) 264-2939 I ¦ 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 retum the card to you. ¦ Attach this card to the track of the mallplece, or on the front If space permits. 1. Article Addressed m: a3aG ???,? cu_ . D. Is d*my addrees dmerem from item f1 l..i Yes If YES, order delivery address below: ? No PMatifled Map 0 EWM Mall 13 Registered 0 Realm Receipt for maresandiea 0 Insured Mall 0 c.o.o. 4. RaeVicted DelNery7 Pros Fee) Yea z. Article (Trans* ed hom m esryke M 7005 0390 0001 5766 2735 t>? PS Form 3811, Fs6nrry 2004 Domestic Renen III 1025tism-rai5es Exhibit "A" r-? C?' :? `1 -r? m ? r y -n - ?.-- n.,? "C t'.-? ___???,' ? i?^? ` L. -il ` .--? rn ? ? ? ? _._ ra C _ _? ? ?-. Curtis R. Long Prothonotary Office of the Protbanotarp Cumbertanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor ?01-I ?2, I CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573