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HomeMy WebLinkAbout06-6844JOHN M. DILLE, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. . NO. ANNE R. DILLE, Defendant. : CIVIL ACTION - 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 COURTHOUSE, 1 COURTHOUSE SQUARE, 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 COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 JOHN M. DILLE, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. ©- - oql l?lU c'? ANNE R. DILLE, Defendant. : CIVIL ACTION - DIVORCE COMPLAINT COUNT I - DIVORCE UNDER 43301(c) or 43301(d) OF THE DIVORCE CODE 1. The Plaintiff is John M. Dille, who currently resides at 6 Donald Street, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Defendant is Anne R. Dille, who currently resides at 1502 Marlton Road, Cumberland County, Pennsylvania 17050. 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. Plaintiff and Defendant were married on August 30, 1986, in Charleston, West Virginia. 5. The parties are the parents of two (2) minor child: Greg Dille, born on July 10, 1991, and Caroline Dille, born August 3, 1995. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Neither party is presently a member of the Armed Forces on active duty. 8. The parties have not entered into a written agreement as to alimony, counsel fees, costs, or property division. 9. Plaintiff has been advised that counseling is available and that he may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued. 10. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are: (a) §3301(c). The marriage of the parties is irretrievably broken; and (B) §3301(d). The marriage of the parties is irretrievably broken and, at the appropriate time, Plaintiff will submit an affidavit stating that the parties have been living separate and apart for a period of at least two (2) years. 11. Plaintiff requests This Honorable Court enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order dissolving the marriage between Plaintiff and Defendant. COUNT II - CLAIM FOR EQUITABLE DIVISION OF MARITAL PROPERTY UNDER 43502(a) OF THE DIVORCE CODE 12. Paragraphs one (1) through eleven (11) are incorporated herein by reference as if set forth in full. 13. Plaintiff and Defendant have individually or jointly acquired real and personal property during the marriage in which they individually or jointly have legal or equitable interest, which marital property is subject to equitable distribution. WHEREFORE, Plaintiff respectfully requests This Honorable Court to determine and equitably distribute, divide or assign said marital property pursuant to §3502(a) of the Divorce Code. Respectfully submitted, Dated: ?? G G WILEY, LENOX, COLGAN & MARZZACCO, P.C. 0/?-- !a 6--? Thomas M. Clark, Esquire 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 85211 VERIFICATION I, John M. Dille, 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. CS. '4904, relating to unsworn falsification to authorities. Date: JOHN M ILLE Plaintiff o ' N .? c p Ok 1 I f Q ' a C', C Q c? C . t _Tj t-0 rn rn N m n f.?`. rn L, JOHN M. DILLE, Plaintiff, v. ANNE R. DILLE, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6844 CIVIL TERM CIVIL ACTION - DIVORCE PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY Please reinstate the attached Complaint in the above captioned matter pursuant to Pa. R.C.P. 1930.4(g). Respectfully submitted, WILEY, , COLGAN & MARZZACCO, P.C. By. ?"? Thomas M. Clark, Esquire ID # 85211 130 W. Church Street Dillsburg, PA 17019 (717) 432-9666 Date: / .?/v? ?j ?v l ?O t w _}?fe t e JOHN M. DILLE, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-6844 CIVIL TERM ANNE R. DILLE, Defendant. : CIVIL ACTION - DIVORCE AFFIDAVIT OF SERVICE I, Jeanette L. Roberts, being duly sworn, deposes and says that she is an adult and that she served the within Divorce Complaint, on the Defendant, Anne R. Dille, at the Defendant's present address as follows: 1502 Marlton Road, Mechanicsburg, PA 17050, by certified mail, restricted delivery, return receipt requested on the 30th day of January, 2008. The Certified Mail Receipt and PS Form 3811 is attached hereto, marked Exhibit "A" and made a part hereof by reference thereto. Date: January 31, 2008 B R4-,6,k J ette L. Roberts COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK WILEY, LENOX, COLGAN & MARZZACCO, P.C. : SS On this, the 31St day of January 31, 2008, before me, a notary public, personally appeared Jeanette L. Roberts known to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit and acknowledged that she executed the same for the purposes therein contained. WITNESS, my hand and notarial seal the day and year aforesaid. NOTARY P BLIC My Commission Expires: ONWEALTH QF PENNSYLVANIA Notarial Seal S. Dawn GWetter, Notary Pudic Dilsburg Boro, York County My Comission Expires May 17, 2009 Member, Pennsylvania Association of Notaries C0WI 40NWEALTi•i 7 RENNSYLVANIA Notarial Sad S. Dawn Gladt lw, Nolan, Public Dileburp Boro, York C ' j,,*y, My Conrrtission Expkw N,Ry • T, 2009 Member, Pennsylvania Ar cation of Notaries I' ¦ Complete items 1, 2, and 3. Also complete A. Si! Rem 4 If Restricted Delivery is desired. X me and address on the reverse t ¦ P i your na n r so that we can return the card to you. BA Attach this card to the back of the mailpiece, V or on the front if space permits. 1. Article Addressed to: Arne R. Dille 1502 Marlton Road Mechanicsburg, PA 17050 C. Date of Delivery item 1? ? Yes Mw: ? No ? O 03 c 3. 8666'5 Express Mail 1 -3 1-3 R Retum Receipt for Merchandise ? Ins66'6 ?a C.O.D. 4. Restricted De8very4 PDdm Fee) 40*0 2. Article Number 7007 0220 0003 3289 6382 (6ensfer from service label) -- -- Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 EXHIBIT "A" ?ss° n r•- zr? f co } JOHN M. DILLE, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-6844 CIVIL TERM ANNE R. DILLE, Defendant. : CIVIL ACTION - DIVORCE PRAECIPE TO WITHDRAW TO THE PROTHONOTARY OF SAID COURT: Please withdraw the Divorce Complaint filed in the above-captioned matter on November 29, 2006. Date: / r a3-09 ohn M. Dille, Plaintiff l it OF THE Pr',` `\OTARY 2009 NOV 25 P b. 05 cu - e`r [ ) .1?