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Home My WebLink About08-02620" or, SCOTT A. SWINCHOCK, Plaintiff V. PATRICIA A. SWINCHOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 6g - d,(va Civ i I TerM CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND 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, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES, OR EXPENSES BEFORE A DECREE OF 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 (717) 249-3166 or 800-990-9108 BY: St en Howell, T-s*jire 1619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court I.D. 62063 ATTORNEY FOR PLAINTIFF SCOTT A. SWINCHOCK, Plaintiff V. PATRICIA A. SWINCHOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Of'- .2 G 2 Cw T CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 W OF THE DIVORCE CODE 1. Plaintiff is SCOTT A. SWINCHOCK, an adult individual currently residing at 111 Arnold Road, Enola, Pennsylvania 17025. 2. Defendant is PATRICIA A. SWINCHOCk an adult individual currently residing at 5034 Utah Avenue, Harrisburg, Pennsylvania 17109. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 15, 1992, in Cumberland County, Pennsylvania. 5. The parties separated on or about May 1, 2007. 6. There have been no prior actions for divorce or annulment between the parties in this or in any other jurisdiction. 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. Knowing this, Plaintiff does not r • desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces. 10. The parties' marriage is irretrievably broken. 11. Plaintiff desires a divorce based upon (a) the belief that Defendant will ninety (90) days from the date of the filing of this Complaint consent to this divorce in accordance with Pa. C. S.A. § 3301(c); or in the alternative, (b) the fact that Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render his condition intolerable and life burdensome and this action is not collusive. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce between Plaintiff and Defendant. Respectfully submitted, BY: Stev owell, Esquire Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court I.D. 62063 r VERIFICATION 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.A. § 4904, relating to unsworn falsification to authorities. COTTA. S CHOCK, Plaintiff DATE: /- /0- 6 8 C '`7 l r9 -TI coo ~ oo --p ' n ' - w Ul 09 r+ -.0 ? r?? µ SCOTT A. SWINCHOCK, PLAINTIFF VS. PATRICIA A. SWINCHOCK, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 262 CIVIL TERM DIVORCE ACCEPTANCE OF SERVICE I, PATRICIA A. SWINCHOCK, accept service of the Divorce Complaint endorsed with a Notice to Defend on the date set forth below on behalf of myself as the Defendant in this action. I acknowledge receipt of a true and correct copy of the Divorce Complaint and Notice to Defend on the date set forth below. BY: RICIA A. SWINCHOCK iA7 5034 Utah Avenue Harrisburg, PA 17109 Date: `''v- --s-e .- -c? ?-? N ' ?; ?- - ?; ? ?. ?;^ ?? ::?% .-- - SCOTT A. SWINCHOCK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08 - 262 CIVIL TERM PATRICIA A.SWINCHOCK, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 15, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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. 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. §4904, relating to unsworn falsification to authorities. DATE: BY: r? :; Lem C#AfRICI,& A. CHOCK, Defendant C -TI IN) :i1 Cil SCOTT A. SWINCHOCK, Plaintiff V. PATRICIA A. SWINCHOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 262 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301 (C) AND 43301 (D) 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 if I 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 in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. DATE: O BY: C5 SCOTT A. SWINCHOCK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA. V. NO. 08 - 262 CIVIL, TERM PATRICIA A. SWINCHOCK, CIVIL ACTION - LAW Defendant IN DIVORCE A,IFEI:QAVIT OF CONSENT 1.. A. complaint in divorce under Section 3301(c) of the Divorce Code was fixed on January 150 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filling and service of the Complaint. 3. 1 consent to the entry of a final, decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Af.davit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to un,sworn falsification to authorities. DATE: to-ao-OP BY: r-31 cn SCOTT A. SWINCHOCK, Plaintiff. V. PA.TRYCIA A. SWTNCHOCK, Defendant IN THE COURT OF COMMON PLEAS CUI.v BEKL.AND COUNTY, PENNSYLVANIA, NO. 08 - 262 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE W. R NOTICE OF WXENTION O REQUEST ENTRY OF A DBVQXtCI? DECIitEE UNDER 83301 tC) A?TD 53301 (b) O)" THE OW. !CE CODE 1. I consent to the e luy of a final decree of divorce without notice. 2. I understand that I may lose rights concerting alimony, division. ofproperty, lawyer's fees or expenses if I do not ola.im them before a divorce is granted. 3. 1 understand that I will not be divorced tmtil a divorce decree is eattemd by the Court and that a copy of the decree will be seat to me trotnediately after it is filled with the Prothonotary. I verify that the statements made in, this affidavit are true and corroct. l understand that false statements herein are made subject to the penalties of 'l8 Pa. C.S. § 4904 relating to unsworn. falsification to autborities. DATE: 10.90.06 BY: L `5 r" Cn :?:? f YP C-n SCOTT A. SWINCHOCK, PLAINTIFF VS. PATRICIA A. SWINCHOCK, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 262 CIVIL TERM DIVORCE PRAECIPE TO TRANSMIT THE RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown and mutual consent under § 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: Original Divorce Complaint filed on January 15, 2008 and served on Defendant Patricia A. Swinchock on February 17, 2008 as described in Acceptance of Service fled February 22, 2008. 3. Date of Execution of the Affidavit of Consent required by § 3301 (c) of the Divorce Code; by Plaintiff: October 20, 2008; by Defendant: June 22, 2008. 4. Related claims pending: Settlement by Agreement dated October 1, 2007. This Agreement is incorporated but not merged with the Divorce Decree. 5. Date Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: October 21, 2008. Date Defendant's Waiver of Notice in § 3301 (c) Divorce was filed with the Prothonotary: June 25, 2008. Wife's documents were executed on June 22, 2008. Husband's documents were executed on October 20, 2008. Respectfully submitted, BY: 1619 Bride Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court I.D. 62063 Attorney for Plaintiff Date: October 31, 2008 ?• ? ?. -? ?-°: ? ?..? ? s??r ?-s t'i"t Z 3 ? s ... -;" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. N o. 08-262 CIVIL TERM VERSUS PATRICIA A. SWINCH K DECREE IN DIVORCE AND NOW, NOYL"tr I1 , IT IS ORDERED AND DECREED THAT C4-rY7vr A . INCROCK , PLAINTIFF, AND PATRTCTA A SWTN K , 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; Whi rh is i nrnrnriraf-Ed hx-r not MA32C'Ied Wii-b t ho ni Vn-r.Ce L?pCraga BY THE COURT: ATNEST: I PROTHkt)OTARY -404 ?? (2, 41 1/ IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA CIVIL DIVISION -6roft f? • 7??Jt1?C?lOC Plaintiff : File No. A, 0 0 S Vs. IN DIVORCE a?n(AL-A &-i-OM61OCK Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the ? Plaintiff Defendant in the above matter, [Select one of the following] ? rior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of kIVy)CIV1 , and gives this written notice avowing his/her intention pursuant to the provisions of 54 P.S. § 704. Date: An ug Signature Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA 3? ) SS. ?? ) COUNTY OF On the / f1day of?tg'J before me, the Prothonotary or a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. er Notary ublic QAMM' h1lAtciAl..rv a rrr Ftra?kai'ltJ?PtFA Rota-ial Seal Rosearin Nbbinger, Notary Public MiddletoavrfBoro, Dauphin County Proth. - 61 (Rev. 4/01) My C:cunnrission ExqiFs PVd! 26, 2011 Member, Pennsylvania Association of Notaries ++v t ?L-> o r` t.., , ? ,:, ?.._ , .? ,.. .:, _`? ? ? `J ?.; ,,