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HomeMy WebLinkAbout00-03061 , -, "'./; ,- ,~_ h'.:::' -,,::: " ,'''In"",,,, . .. "''''''' '" "'''' ,.,"'''''''''' "'''''''''' "''''''''''''' '" "''''''' '" '" '" '" '" '" "'''''''''''''~'''''' . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . . . PENNA. . STATE OF . . . . Rnf:n. 'R b n. v P()T. T( . NO.2000-3061 Civil Tem . Plaintiff . VERSUS . . . DEBRAH KAY POLK . . Defendant . . DECREE IN DIVORCE . . . AND NOW, ~-.L_t...~r r I y~c.. ..:::, , IT IS ORDERED AND :;>000 DECREED THAT EDGAR RAY POLK , PLAINTIFF, . . . . . DEBRAH KAY POLK AND , DEFENDANT, . . . . . . . ARE DIVORCED FROM THE BONDS OF MATRIMONY, . . . . . THE: COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN I'<AISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; Nnnp . . . . . . . . . By THE c~ . . . . . . . . "'''' '" '" '" '" "':+: "'''' "'''' . "'''' "''''''' "'''''''''''''''' "''''''''''''''''''' "'''' . ' 7\:'" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :; " :1 I: [! ri " I: Ii I: 11 il f: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J, . . . . . . . . . ,w, '. " W'!!'F'"", 0 " - 1;1-/1' ,gJ /d. Jt! 'C/C:? ~-^. ,- " '. ,~ ;'r." ~~ , - ~"~" ".'C' '-~'>-"." ~-,,'__~_r.rr_""'_'__ ,-.~ '" "'~""'''''''miiij, :..\~ ..f 1. '{.~-\: , ' . . a/ io/y /~ :# ~ '7l~~~$~ > ~~ . ,~" Jl ,-, ir',,_"1-~. '-'~ '- .~_." ,-",",~W~ _W, .,,~ . ~" . . :LA_~," j EDGAR RAY POLK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs CIVIL ACTION - LAW NUMBER: 2000 - 3061 CIVIL TERM DEBRAH KAY POLK, IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry ofa divorce decree: 1. Ground for divorce: irretrievable breakdown under S3301(d) of the Divorce Code, 2. Date and manner of service of the Complaint, Notice to Defendant, and Counter-Affidavit Under Section 3301(d) of the Divorce Code: U. S, Mail, Addressee Only Certified, Return Receipt Requested, delivered and signed for by Defendant on June 7, 2000. 3. Date of mailing of the Notice ofIntention to Request Entry of Section 3301(d) Divorce Decree August 1,2000 mailed to Defendant's address at 8142 Anthony Highway, Waynesboro, Pennsylvania a copy of which is attached hereto, No response being filed ofrecolrd with the court by way of Counter-Affidavit or claim for relief. 4. Related claims pending: Nlme.. 5. Date Plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: Not applicable. Date Defendant's Waiver of Notice in S3301(d) Divorce was filed with the Prothonotary: 10/17/00, inder, Esquire 701 Eas ing Street, Shippensburg PA 17257 (717) 532 - 9476 Attorney for Plaintiff Iiir~:" ~ '~I.~~ill&ldj~,tl!~i1jj;\U~iim~"'iI,,j'''''ii',,,~~,,,-~!!!:!''1!W~)!:,.,M. ';';""",~ ~," . - -..w --'!lWl[lri1!llt~~_~ "~ -'-'-" ~--"-pllII , , 0 ~~::;:; C (".:) .':'" ::::> rH?~;: ("-:> z-'- --I ze- ~~. ill c--- ~- F:~ ;if:c.'.: j;~~ 0..1 i:--~ z --' - -< ..J ~~~=~ ~, ~ " _,~"" J , _flii.;. EDGAR RAY POLK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs CIVIL ACTION - LAW NUMBER: fro - 3D ~ I CIVIL n:RM DEBRAH KAY POLK, IN DIVORCE Defendant 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 for any other claim or relief requested in these papers by the plaintiff, You may lose money or propllrty 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, One South Hanover Street, 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 TmS 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 2 LmERTY AVENUE CARLISLE PA 17013 (717) 249 - 3166 JUJ;L Sally J. inder, Esquire Attorney for Plaintiff, EDGAR RAY POLK 701 East King Street Shippensburg PA 17257 (717) 532 - 9476 ~. ~. .. '1E!'il", EDGAR RAY POLK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs CIVIL ACTION - LAW NUMBER: (J-o . 36 f../ CIVIL TI:RM DEBRAH KAY POLK, IN DIVORCE Defendant COMPLAINT IN DIVORCE COMES NOW, the Plaintiff, EDGAR RAY POLK, by and through his counsel, S~llIy J. Winder, Esquire, and represents as follows: 1, Plaintiff is EDGAR RAY POLK, who currently resides at, and whose mailing address is, 17 East King Street, Shippensburg, Cumberland County, Pennsylvania, since May 1995, 2, Defendant is DEBRAH KAY POLK, who currently resides at, and whose mailing address is, 8142 Anthony Highway, Waynesboro, Franklin County, Pennsylvania, since 1998, 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the ruing of this Complaint. 4, The Plaintiff and Defendant were married on September 02, 1978 at Chambersbmg, Franklin County, Pennsylvania, 5, There have been no prior actions of divorce or for annulment between the parties, 6, The marriage is irretrievably broken, ~~~ ^ rn.,.",~ii 7, Plaintiff avers that he has been advised of the availability of counseling sessions for both parties upon request of either party or by order of court, and that a list of qualified professionals who provide such counseling service is available at the Domestic Relations OffIce upon request. By the filing of this Complaint, the Plaintiff acknowledges having been advised by his attorney of record of the availability of counseling sessions and of a list of qualified professionals. Plaintiff further avers that he/she has been advised that the choice of a qualified professional shall be at the option of the Plaintiff and Defendant and need not be selected from the list available upon request and, further, that arrangements for and the payment of the services of the qualified professional shall be the responsibility of the parties and will not be included in the docket costs ofthis proceeding, 8, Plaintiff requests the Court to enter a decree of divorce, ~'lUif:!::' Attorney for Plaintiff, EDGAR RAY POLK 701 East King Street Shippensburg PA 17257 (717) 532 - 9476 Date: s-In 1fT?) I ( " ~=~, . , VERIFICATION I verifY that the statements made in this complaint are true and correct to the best of my personal knowledge 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: ~ In} 0 0 ( ~~M ED RAY POLK -" ,~l I, '-'"" .mi EDGAR RAY POLK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs CIVIL ACTION - LAW NUMBER: tJ-o - 30 (" ( CIVIL n:RM DEBRAH KAY POLK, IN DIVORCE Defendant NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit with twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on June 01, 1989 and have continued to live separate and apart for a period of at least two years. 2, The marriage is irretrievably broken, 3, I understand that I may lose rights concerning alimony, division of property, laWYI~r's fees or expenses ifl do not claim them before a divorce is granted. I verilY 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 falsifications to authorities. 1&'.Jl1 _m , 1'- ~~f,'i EDGAR RAY POLK, IN THE COURT OF COMMON PLEAS: OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs CIVIL ACTION - LAW NUMBER: (XJ. a6-(' I CIVIL TI:RM DEBRAH KAY POLK, IN DIVORCE Defendant , COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): _ a) I do not oppose the entry ofa divorce decree. _ b) I oppose the entry of a divorce decree because (Check (i), (ii), or both): (i) The parties to this action have not lived separate and apart for a period of at least two/three years, (ii) The marriage is not irretrievably broken, 2, Check either (a) or (b): _ (a) I do not wish to make any claims for economic relief, 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. _ (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verifY that the statements made in this counter-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, Date: DEBRAH KAY POLK NOTICE: IT you do not wish to oppose the eutry of a divorce decree and you do uot wish to make any claim for economic relief, you ueed uot fde this CountE,r- Affidavit. ... .~. W.~H,' EDGAR RAY POLK, IN mE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs CIVIL ACTION - LAW NUMBER: .:Hznr- ~I CIVIL TERM DEBRAH KAY POLK, IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 3301(d) OF THE llJVQ!lCE~ODE . s= a ~~{~ -Vcr g 1, I consent to the entry of a final decree of divorce without notice~ ~D . .',~J ts }: ~ J,~~l ~.....; -- ~fS,' 3)., 2, I understand that I may lose rights concerning alimony, division !'iPfop~y, lamr's fees, or expenses ifI do not claim them before a divorce is granted, )> C: I',) ('y.", Z :~~ =<! i"'<) ::0 -< 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 prothonollary, I verify that the statements made in this affidavit are true and correct I understand thi!t false statements herein are made subject to the penalties of 18 Pa, C,S, section 4904 relating to unsworn falsification to authorities, Dat~ J /i~ , / " dj,J"..h""- !!JII!Il' ,'^~, ~1!l".;."""~~'i'''"'''~'-IiiIlfl'IH_i.;i ': ;;l>f ilMi ",.-~ t&JfiliM - ~." ~llIil1J - '() c -of? ~~: ~i:: J>r:: 7': :<: "'. ~"- .....""" o c:, c:> C, -I o -]"1 , '- i,:' -';\J . ~ -I '~::i'~;) (2 ~~'~ ~rr1 " ~l ;"<, % --~ , ' ~,""",",_. & ~" ....., '''''''''~)'~-. EDGAR RAY POLK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs CIVIL ACTION - LAW NUMBER:~ 36':"1 CIVIL Tl~RM DEBRAH KAY POLK, IN DIVORCE Defendant AFFIDAVIT OF SERVICE I, Sally J. Winder, being first dilly sworn according to law do depose and say that I served a Complaint in Divorce, Notice to Defendant Under 3301(d) of the Divorce Code, and Counter-Affidavit Under 3301(d) of the Divorce Code in the above action to the Defendant, Debrah Kay Polk at Waynesboro, Pennsylvania by certified mail, restricted delivery, return receipt requested, on June 7, 2000, at the Shippensburg Post Office, Shippensburg, Pennsylvania, which Complaint in Divorce was received by the Defendant as evidenced by her signature Oil. the attached receipt. 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, ~~ Sally J. . der, Attorney for Plaintiff 7t7lJ 8, Addressee's Address (Only if requested and fee Is paid) .c:-' .-::> CC yY\~ . PS Form 3811, December 1994 '\__~~_~_'"" _O"^'" pomestic Return Receipt ,_-i.i1:!!,<:i!"'d. Mi JlI.Iil~~-'"'.""""""'~~~.lIIfaiSl!!liu~t!!ltalIMWIl ~. """"" '" o s::; -ofF": nl r~~' ~fi~ (J) , ~E'- fig :-~:.: ::;J , ;......) IllIIII C) ~''-- ,,~ C~ c') "--j (~' -,.1 --q --.1 IY -. - R - ~"_ c," ~ "-~. ,~~.~ J.;.~~ .~ ~, -~i!fIU-~,,( ,~. ..' EDGAR RAY POLK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs CNIL ACTION - LAW NUMBER: 2000-3061 CNIL TERM DEBRAH KAY POLK, IN DIVORCE Defendant AFFIDAVIT OF SERVICE I, Sally J. Winder, being first duly sworn according to law do depose and say that I served a Notice ofIntention to Request Entry of Section 3301(d) Divorce Decree and a Counter-Affidavit Under Section 3301(d) of the Dixorce Code in the above action to the Defendant, Debrah Kay Polk at 8142 Anthony Highway, Waynesboro, Pennsylvania 17268 by regular U. S mail, postage prepaid on August I, 2000, at the Shippensburg Post Office, Shippensburg, Pennsylvania, which Notice ofIntention to Request Entry of Section 3301(d) Divorce Decree was received by the Defendant and not returned to the sender. 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. (}J~ iiit";';-~JI-"-'-^""";,,;.i;.;;.~""'iflI~~~>:1tMli~- ~ IlII'!!!!- ...." ".'j"""""",",,,",b_''''' .... 0 (:? (= C;. :2" C::;. -ofJ:i C'J I-'"~ --l "l' Z:C Z~ ~~-, u::; ~: :::~ ~. ~~ ;:--!. CO ':) )> C: .,-.<- >"- ::-,..::- --1 l)'l 5:~ - -<. I ,. ~~ ~ - '-I '. . - M:.r~' . .. EDGAR RAY POLK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs CNIL ACTION - LAW NUMBER: 2000-3061 CNIL TERM DEBRAH KAY POLK, IN DIVORCE Defendant AFFIDAVIT OF SERVICE I, Sally J. Winder, being first duly sworn according to law do depose and say that I served a Notice of Intention to Request Entry of Section 3301(d) Divorce Decree and a Counter-Affidavit Under Section 3301(d) of the Dixorce Code in the above action to the Defendant, Debrah Kay Polk at 8142 Anthony Highway, Waynesboro, Pennsylvania 17268 by regular U. S mail, postage prepaid on August 1,2000, at the Shippensburg Post Office, Shippensburg, Pennsylvania, which Notice ofIntention to Request Entry of Section 330 I (d) Divorce Decree was received by the Defendant and not returned to the sender. 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. ,J! ~1kli~ ~-"'"""'""~~.~" '=-...1""- - .~""', .~ ~, '" ___ - "-.Wli ' .....1; I ~".-" .-......_~ -~'","IIliMIiii!:~ =~'''~1~'1li1~Iiii'4Ol~I~i'~<l1-1,,,:, EDGAR RAY POLK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs CIVIL ACTION - LAW NUMBER: 2000 - 3061 CIVJL TERM DEBRAH KAY POLK, IN DIVORCE Defendant NOTICE OF INTENTION TO REQUEST ENTRY OF Section 3301(d) DIVORCE DECREE You have been sued in an action for divorce. You have failed to answer the Complaint or file II counter-affidavit to the 3301(d) affidavit. Therefore, on or after August 25, 2000, the olther party can request the Court to enter a final decree in divorce. If you do not file with the Prothonotary of the Court an answer with your signature notarized or verified or a counter-affidavit by the above date, the Court can enter a final decree in divorce. A counter-affidavit which you may file with the Prothonotary of the Court is attached to this Notice. Unless you have already filed with the Court a written claim for economic relief, you must do SO by the above date or the Court may grant the divorce and you will lose forever, the righlt to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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. Pennsylvania Bar Assoeiation Lawyer Referral Service 100 South Street POBox 186 Harrisburg PA 17108 Telephone: 1-800-692-7375 or (717) 238-6715 By ~;.b- Sully J. illder Attorney for Plaintiff 701 E. King Street Sbippensburg, PA 17257 " .J--.. . ~' '''' , EDGAR RAY POLK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW NUMBER: ;)000 - 3~ ICNIL TERM vs DEBRAH KAY POLK, IN DIVORCE Defendant COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): _ a) I do not oppose the entry ofa divorce decree. _ b) I oppose the entry of a divorce decree because (Check (i), (ii), or both): (i) The parties to this action have not lived separate and apart for a period of at least two/three years. , i': (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. _ (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verifY that the statements made in this counter-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. Date: DEBRAH KAY POLK NOTiCE: lfyou do not wish to oppose the entry of It divorce decr.ce Itlld you do 1101 wish to make any claim for economic relief, you need not me this Counter- Affidavit. df;, ,I, '<'-'-...."'~.-oIllii1ili;;lI!i.~llHtlil~I;~'jljll!lWB~~IllI~~CJ!:!!>'iiI'~nw1v ~ -~ -- '~- - iIll~U. ~~~""~;mI -l C - -~~-~-"" ,.".', .. "' '"" . 0 Cl 0 C Cl -on s: = ..... -oro r1 .r mrn C") '~:i fTI Z_",) ~c;:: 1 ~om ~2: U1 @~ kO -U ~O ::Jr 0 ta Om :i>c ~ v.> ~ ..- ~ , . .. . - - ~. ~ ,'".; , -~"-f(j EDGAR RAY POLK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs CNIL ACTION - LAW DEBRAH KAY POLK, NUMBER: _2000-3061_ CNIL TERM IN DIVORCE 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 S3301(d of the Divorce Code. 2. Date and manner of service of the Complaint, Notice to Defendant, and Counter-Affidavit Under 3301(d) of the Divorce Code: U. S. Mail, Certified, Return Receipt Requested, delivered and signed for by Defendant on June 7,2000. 3. Date of mailing of the Notice ofIntention to Request Entry of Section 3301(d) Divorce Decree and Counter-Affidavit copies of which are attached hereto, August 1, 2000, mailed to Defendant's address at 8142 Anthony Highway, Waynesboro, Pennsylvania. No response being filed of record with the court by way of Counter-Affidavit or claim for relief. 4. Related claims pending: None.. 5. Date Plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: 10/1700. Date Defendant's Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: not applicable. (Z_I~/oV JW~ Sally J. W der, Esquire 701 East King Street, Shippensbnrg PA 17257 (717) 532 - 9476 Attorney for Plaintiff "- ----....~ " ",,1 L4L_" ,--, ., EDGAR RAY POLK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW Plaintiff vs : NUMBER: 2000 - 3061 CIVJL TERM DEBRAH KAY POLK, IN DIVORCE Defendant NOTICE OF INTENTION TO REQUEST ENTRY OF Section 3301(d) DIVORCE DECREE You have been sued in an action for divorce. You have failed to answer the Complaint or file a counter-affidavit to the 3301(d) affidavit. Therefore, on or after August 25,2000, the other party can request the Court to enter a final decree in divorce. If you do not file with the Prothonotary of the Court an answer with your signature notarized or verified or a counter-affidavit by the above date, the Court can enter a final decre<: in divorce. A counter.affidavit which you may file with the Prothonotary of the Court is attached to this Notice. Unless you have already filed with the Court a written claim for economic relief, you must do so by the above date or the Court may grant the divorce and you will lose forever, the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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. Pennsylvania Bar Association Lawyer Referral Service 100 South Street P 0 BO:l186 Harrisburg PA 17108 Telephone: 1-800-692-7375 or (717) 238-6715 By ~j).:JJ- Sully J. illder Attorney for Plaintiff 701 E. King Street Sbippensburg, PA 17257 .. ~~"'" ~I .~ ., .. " -~ , J "'.......iill"', _ -M"'--" EDGAR RAY POLK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA " .' !I " " !i .'..1 1 1 II il '~I , ., , :i Plaintiff vs CNIL ACTION - LAW NUMBER: Jooo -3~ICNILTEIRM DEBRAH KAY POLK, : IN DIVORCE Defendant COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): i ,~I ~! _ a) I do not oppose the entry of a divorce decree. q ;'i ,I _ b) I oppose the entry of a divorce decree because (Check (i), (ii), or both): (i) The parties to this action have not lived separate and apart for a period of at least two/three years. " ,:i ',I ;1 , (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): -:: " (a) I do not wish to make any claims for economic relief. 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. ~I 11 ~i ~i i! 'I I ,I r II Ii l! Ii 11 I: " 11 I I: . I, _ (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verifY that the statements made in this counter-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. Date: DEBRAH KAY POLK NOTICE: lfyou do not wish to oppose the entry of II divorce decree lIJ1d you do 11011 wish to make any claim for economic relief, you need not me this Connter- Affidavit. -<l !!I.~- ilfi8ffil<.'~~UlI'~il<llY~oIliiilIiWb~.'-V~"'-~'i""""Jki-'=~'~~~~!iiiI!ili\aii;- O"'!'-"""\~ _ -','- ,,~,~~, ~~. -, " ;~i";""~"'" - ~~ .~-"'_lIf 0 c:> S\', c: 0 ;: 0 -n -oCP rYl ~ 9irn (""l -'c;fr1 ~) I ZS~ 'J'!' u. , (fJ..,. '~_"-:'JC.J. :<L. j~"\'l r:;O -U . .J:!l ~O ::1'.: '... (-, 2m :;;2 (i! 0 .c-t ~ (p ~ &" .... .... .. . . . ~ --j "~ J". " ~ ,;-,",---- ~"^ I EDGAR RAY POLK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW DEBRAH KAY POLK, Defendant NO. 00-3061 CIVIL TERM ORDER OF COURT AND NOW, this 1st day of November, 2000, upon consideration of Plaintiff s praecipe to transmit record, and it appearing that the notice of intention to request entry of divorce decree mailed to defendant was not accompanied by a form counter-affidavit as required by Pa. R.C.P. 1920.42(d)(2), that a copy of the notice of intention is not attached to the praecipe to transmit as required by Pa. R.C.P. 1920.42(d)(1), and that the praecipe to transmit erroneously indicates that Defendant filed a waiver of notice of intention, a divorce decree will not be entered at this time, without prejudice to the parties' rights to correct the deficiencies and file a new praecipe to transmit. BY THE COURT, :rc C-:? J. esley 0Ier,., J. t.~ -{Y)~ J\ - 3 -00 -r..,^~ Sally J. Winder, Esq. 701 East King Street Shippensburg, P A 17257 Attorney for Plaintiff , .~ ,",... ',);-' ) ,~;f,-,ii. e)-:HFI~:iCE " .,1-1 t,''''"'/"" " '-'J1.'Jr/lJiY 00 NO\! _) (.,. Pl"I?; Js=? Cr... - <,; iJvt:r.',- 11I,'WC:;hL{; \;r, n" PENNSYLYA'NWiVrY " _1l!ifII,,,~ _"_'~ ":"""'~ ~ lIftII'lIlIII~""""':""'" ,," w ~~ - ~,~.,~~ll!flIlIll!_~rn~~~,*~~~~!'o~qj~~'!j """""_ .p".."