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HomeMy WebLinkAbout03-6577F:\Us Folder\Fi. Doan\Cj.&c,2003U360-Idiv,c.m Id IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALBERT MCCALL, III, Plaintiff CIVIL ACTION - LAW V. NO. 2003- (P 7 MARY MCCALL, Defendant IN 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 at the Domestic Relations Office, 13 North Hanover Street, 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 the 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. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALBERT MCCALL, III, Plaintiff CIVIL ACTION - LAW V. NO. 2003- MARY MCCALL, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this 23rd day of December, 2003 comes Plaintiff, Albert McCall, 111, by and through his attorneys, Hanft & Knight, P.C., and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiff is Albert McCall, III, who resides at A-11 Forbes Avenue, Carlisle Barracks, Cumberland County, Pennsylvania 17013. 2. The Defendant is Mary McCall, who resides at 325 Percival Road, Apartment 427, Columbia, South Carolina 29206. 3. The Plaintiff and Defendant are sui juris, and both are been bona fide residents of the Commonwealth of Pennsylvania and Plaintiff has so been for a period of more than six (6) months immediately preceding the filing of this Complaint in Divorce. 4. The parties were married on March 26, 1998, in Kileen, Texas. 5. The marriage is irretrievably broken. The foregoing facts are averred and brought under Section 3301(c) or 3301(d) of the Divorce Code of 1980, as amended. 6. 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, and Plaintiff waives same. 7. Plaintiff is an active duty member of the United States Army. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully submitted, HANFT & KNIGHT, P.C. 'f??.s, Michael J. Hanft, Esquire Attorney ID No. 57976 Sean M. Shultz, Esquire Attorney ID No. 90946 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Plaintiff VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel in the preparation of the lawsuit, The language of the document is that of counsel and not my own. I have read the Complaint in Divorce and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subj ect to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. ikD e C? ca J T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALBERT MCCALL, III, Plaintiff CIVIL ACTION - LAW V. NO. 2003-6577 MARY MCCALL, Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 9 W day of February, 2004, I, Michael J. Hanft, Esquire, hereby certify that the following person was served with a True and Correct copy of the Complaint in Divorce filed in the above-referenced matter. The Complaint in Divorce was mailed on January 29, 2004, but actual service took place on February 4, 2004, by Defendant signing for a copy of the Complaint in Divorce which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Mary McCall 325 Percival Road, Apartment 427-F Columbia, South Carolina 29206 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, HANFT & KNIGHT, P.C. Mi hael "JHanfl, squire Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 F\U.. poiae.?p;,m ?o??cc,ao?:zooa?a3eo-m«-suvmc apa Attorneys for Plaintiff Exhibit "Al' •PSFOmi t717 'Faigust200t !°(!`A^ a^Sd.;!ic o!umR pt-'..?,•.. .°'. `°; _,.•.. x'tms3s as ?a !:.+? ? 1:.??r1.?3?".?1.?d?!?_ ??"?nt?' _ "?°it"M''.?'?'?ii+r?lbl??'??'??.,?'d??'"`•: C) C .C fry CJ C) ga l L ? W 'rl -? V -i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALBERT MCCALL, III, Plaintiff V. MARY MCCALL, Defendant No. 2003-6577 In Divorce Civil Action - Law MOTION FOR APPOINTMENT OF MASTER Albert McCall, III, Plaintiff, moves the court to appoint a master with respect to the following claims: (X) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite and in support of the motion states: (X) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses No discovery has been requested by Plaintiff or Defendant in this matter. Defendant is not represented by an attorney in this matter. 3. The parties separated in August of 2003 and Plaintiff filed a Complaint in Divorce on December 23, 2003. 4. The statutory ground for divorce is irretrievable breakdown. 5. Plaintiff's counsel forwarded a Marital Settlement Agreement to Defendant on May 7, 2004. To date Defendant has refused to sign. 6. The action does not involve complex issues of law or fact. The hearing is expected to take no more than one day. Additional information, if any, relevant to the motion: None. Respectfully submitted, ( KNIG17 Dated: January ? I , 2006 Sean M. Sh rttz;-? Attorney I.D. No. 90946 1 I Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALBERT MCCALL, III, No. 2003-6577 Plaintiff In Divorce V. MARY MCCALL, Defendant Civil Action - Law CERTIFICATE OF SERVICE AND NOW, this 3 day of January, 2006, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the Defendant with a copy of the foregoing Motion for Appointment of Master by first class, United States Mail, postage pre-paid, addressed as follows: Mary McCall 325 Percival Road, Apartment 421-D Columbia, South Carolina 29206 Respectfully submitted, KNIGHT & ASSOCIATES, P.C. M. Shultz, Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717)249-5373 Attorney for Plaintiff !"l N a.'? ' CJ 'fl i; ? ? ?? T T r' ? iiS r- ?' _r'.i; ? ?', -- ;C'i ',-Y , ?i ` _. -?Y} ?? :A ±.c: lfl 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALBERT MCCALL, III, No. 2003-6577 Plaintiff In Divorce V. MARY MCCALL, Defendant Civil Action - Law ORDER APPOINTING MASTER AND NOW, this .76 day of l??006, E. Robert Flicker, II, Esquire, is appointed master with respect to the following claims: Divorce and Distribution of Property. J. FVUu FoWetl FLm DoorVGn&,,30%13360.1m tionm is wpd f- 1 CD C 7 ` ` LL (V N v? r F:\Uscr Folder'8irtn Docs\Gcndocs2006W60-I amcaded complaint wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALBERT MCCALL, III, Plaintiff CIVIL ACTION - LAW V. NO. 2003-6577 MARY MCCALL, Defendant IN 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 at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the 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. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALBERT MCCALL, III, Plaintiff CIVIL ACTION - LAW V. NO. 2003-6577 MARY MCCALL, Defendant IN DIVORCE AMENDED COMPLAINT IN DIVORCE AND NOW, this 31- 4, day of January, 2006, comes Plaintiff, Albert McCall, III, by and through his attorneys, Knight & Associates, P.C., and files the following Amended Complaint in Divorce, and in support thereof avers as follows: COUNTI DIVORCE The Plaintiff is Albert McCall, III, who resides at 51771-1 Comanche Circle, Fort Hood, Texas 76544. 2. The Defendant is Mary McCall, who resides at 325 Percival Road, Apartment 421-D, Columbia, South Carolina 29206. 3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth ofPennsylvania for a period ofmore than six (6) months immediately preceding the filing of the original Complaint in Divorce filed December 23, 2003. 4. The parties were married on March 26, 1998, in Kileen, Texas. 5. The marriage is irretrievably broken. The foregoing facts are averred and brought under Section 3301(c) of the Divorce Code of 1980, as amended. 6. 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. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. COUNT II REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTIONS 3104 AND 3105(a) OF THE DIVORCE CODE Paragraphs 1 through 6 are incorporated herein by reference. Plaintiff and Defendant have acquired property, both real and personal during their marriage from the date of said marriage until the date of their separation. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. 10. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully requests the Court to equitably distribute the marital property of the parties and equitably apportion their debts pursuant to the Divorce Code of 1980, as amended. Respectfully submitted, ASSOCIATES, P.C. $ean-Ibl. Shultz, Escgtrire-' Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Plaintiff VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint in Divorce and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penal ' C.S. Section 4904 relating to unworn falsification to authorjties,.wMch provides that ' I make knowingly false averments, I may be subject to cri iaaf pen4ties.. ? -?4 ?. p P ? -C G '? ? ?-- _? <.? ? f, o .? =„ Crn7 rt? T ; ? rt ; yr? ?; r '?it ? _ ; ? ?i. ?) ca ?;n -.r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALBERT MCCALL, III, Plaintiff CIVIL ACTION - LAW V. No. 2003-6577 MARY MCCALL, Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this j f ]ky of February, 2006, I, Sean M. Shultz, Esquire, hereby certify that the following person was served with a True and Correct copy of the Amended Complaint in Divorce filed in the above-referenced matter. The Amended Complaint in Divorce was mailed on February 3, 2006, but actual service took place on February 22, 2006, by Defendant signing for a copy of the Amended Complaint in Divorce which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Mary McCall 325 Percival Road, Apt. 421-D Columbia, South Carolina 29206 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, ASSOCIA Stan . Shultz, Esqutir - Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 FWsecFOItl Tim D..sG?0o,20066360-Iccrserv?cew,d Attorneys for Plaintiff A ? ¦ 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 return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: M M(-lA 11 325 ?erc"Nla.( U. ?dluml??c, S? 21 Zd1e A. C. Signature X 0 Agent ? Adore D. Is delivery ress different from item 1? ? Yes It YES, ent elivery address belovy: ? No F?3 3. Service Type 1.1' ' 0 Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandis 0 Insured Mail 0 C.0 D. 4. Restricted Delivery? (Extra Fee) es 7005 1160 0002 1108 9254 PS Form 3811, July 1999 Domestic Return Receipt 102595-99-W 78 , . ti t . ... .. . . .. . . . r. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALBERT MCCALL, III, Plaintiff V. MARY MCCALL, Defendant No. 2003-6577 In Divorce Civil Action - Law AFFIDAVIT OF CONSENT STATE OF TEXAS SS. COUNTYOF C.pf?e?,Li _ 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on December 23, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subj ect to the penalties of 18 Pa. C. S., Section 4904 relating to unworn falsification to authorities. Date: t Mme, 2006 Albert Sworn to and subscribed before me this 1 Si' / day of 12006. s-T CA Notary Public, N?ftP?* w `tK, lndeflnite per IQ USC'4s?44(k) III N ^?r co -0 23 D ?m w O O', ?er IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALBERT MCCALL, III, No. 2003-6577 Plaintiff In Divorce V. MARY MCCALL, Defendant Civil Action - Law WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(Cl OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 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 unworn falsification to authorities. Date: fy"melL zooms, ? 4: i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALBERT MCCALL, III, No. 2003-6577 Plaintiff In Divorce V. Civil Action - Law MARY MCCALL, Defendant PRAECIPE TO WITHDRAW AMENDED COMPLAINT IN DIVORCE TO THE PROTHONOTARY: Please withdraw the Amended Complaint in Divorce filed on behalf of the Plaintiff in the above-captioned matter on February 1, 2006. Respectfully submitted, Dated: January 7 , 2007 Sean M. Shultz, Esquire Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Plaintiff KNIGHT & ASSOCIATES, P.C. i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALBERT MCCALL, III, No. 2003-6577 Plaintiff V. In Divorce Civil Action - Law MARY MCCALL, Defendant CERTIFICATE OF SERVICE AND NOW, this 171f' day of January, 2007, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the Defendant with a copy of the foregoing Praecipe by first class, United States Mail, postage pre-paid, addressed as follows: Mary McCall 325 Percival Road, Apartment 421-D Columbia, South Carolina 29206 Respectfully submitted, KNIGHT & ASSOCIATES, P.C. Sean M. Shultz, Esquire Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Plaintiff C> --? .--? ? ? a,?' ? n?? r i 'i_- 1 L ??, .?. ...5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALBERT MCCALL, III, No. 2003-6577 Plaintiff In Divorce V. Civil Action - Law MARY MCCALL, Defendant NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a counter-affidavit within twenty (20) 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 in August of 2003 and have continued to live separate and apart from each other 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, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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.A. Section 4904 relating to unsworn falsification to authorities. Date: 2214AINVY , 2007 Albert N Plaintiff C") Q -ri -r? Mr` W rn- ;. s M4 -0y `) cn `- c= % o rn ? ALBERT McCALL, III, Plaintiff VS. MARY McCALL, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 6577 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of 2007, the amended complaint raising the economic claim of equitable distribution having been withdrawn by praecipe filed by the Plaintiff on January 18, 2007, and no other economic claims having been filed and there being no issue with respect to grounds for divorce, the appointment of the Master is vacated. BY THE COURT, 119? " a1 cc: n M. Shultz Attorney for Plair ry McCall Defendant ^a t. ` ?= ? ?; . -...a ? T ?3?? ?, rw. _ : -- _ - _ ?; ?.. ..r` w• :.J:t ..r,: '^ ALBERT MCCALL, III, Plaintiff V. MARY MCCALL, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-6577 IN DIVORCE PRAECIPE TO TRANSMIT RECORD 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 3301 (d)(1) of the Divorce Code. 2. Date and manner of service of the complaint: Service on Defendant by U.S. certified, restricted delivery, return receipt requested mail on February 4, 2004. 3. Date of execution of the Plaintiff's affidavit required by § 3301(d) of the Divorce code: January 22, 2004. 4. Date of filing and service of the Plaintiff's affidavit upon the respondent: Plaintiff's Affidavit was filed February 6, 2007 and mailed to Defendant by U.S. mail on March 5, 2007. 5. Related claims pending: None. 6. Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: Mailed to Defendant by U.S. mail on March 5, 2007. & AS Date: April 16, 2007 Tean M. Shultz, Esquire L Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorneys for Plaintiff F,, 116 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALBERT MCCALL, III, Plaintiff V. MARY MCCALL, Defendant CIVIL ACTION - LAW No. 2003-6577 IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: MARY MCCALL, Defendant You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the Plaintiff's affidavit. Therefore, on or after March 26, 2007, the Plaintiff 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. 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. A COUNTER AFFIDAVIT WHICH YOU MAY FILE WITH 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 WELL 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 FAUsw FoldaTiirm Docs\Gendoca2007\3360-lnotice.wpd C? ? C7 r? ? -n ?_ `? ? ? r?? _ f, Y ??? ? _ - , !--, - ?? . , . ?: ?- w .. _ ` ._; ? N `-? ""C .,%. ALBERT MCCALL, III, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MARY MCCALL, DEFENDANT 03-6577 CIVIL TERM ORDER OF COURT AND NOW, this day of May, 2007, the request for the entry of a decree in divorce IS DENIED at this time.' By the Cou Edgar B. Bayley,-J. Sean M. Shultz, Esquire For Plaintiff / Mary McCall ?ce nv .?t b? d7 C o 235 Percival Road, Apartment 421-D c C o Columbia, SC 29206 _ Mr- r :sal :'51 T1 ' Pa. Rule of Civil Procedure 1920.72(d) requires that a Section 3301(d) affidavit notify the other party to file a counter-affidavit within twenty (20) days of service, or the statements in the affidavit will be admitted. Rule 1920.73, providing for a notice of intention to request the entry of a Section 3301(d) divorce decree, requires that it include a statement that, "You have failed to ... file a counter- affidavit to the § 3301(d) affidavit. Therefore, on or after (a date), the other party can request the court to enter a final decree in divorce." (Emphasis added.) Here, the notice of intention to request the entry of a Section 3301(d) divorce decree was served on defendant on the same date as the Section 3301(d) affidavit. Because defendant has twenty days from service of the Section 3301(d) affidavit to file a counter-affidavit, defendant cannot be notified on the same day it is served that there has been a failure to file a counter-affidavit. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALBERT MCCALL, III, Plaintiff CIVIL ACTION - LAW V. NO. 2003-6577 MARY MCCALL, Defendant IN DIVORCE PRAECIPE TO TRANSNUT 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 3301 (d)(1) of the Divorce Code. 2. Date and manner of service of the complaint: Service on Defendant by U.S. certified, restricted delivery, return receipt requested mail on February 4, 2004. 3. Date of execution of the Plaintiff's affidavit required by §3301(d) of the Divorce code: January 22, 2004. 4. Date of filing and service of the Plaintiff's affidavit upon the respondent: Plaintiffs Affidavit was filed February 6, 2007 and mailed to Defendant by U.S. mail on March 5, 2007. 5. Related claims pending: None. 6. Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: Mailed to Defendant by U.S. mail on May 3, 2007. Date: June 8, 2007 T & ASSOCIATES, ?- 7ean. Shultz, Esquire Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorneys for Plaintiff r.? _- ?` J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALBERT MCCALL, III, Plaintiff CIVIL ACTION - LAW V. MARY MCCALL, Defendant No. 2003-6577 IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE D tEE `11_ :71 TO: MARY MCCALL, Defendant You have been sued in an action for divorce. You have failed to answer the co plan or fib`' _? a counter-affidavit to the Plaintiffs affidavit. Therefore, on or after June 4, 2007, the Plaintiff _ n 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. 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. A COUNTER-AFFIDAVIT WHICH YOU MAY FILE WITH 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 F:\User Folder\Firm Docs\Gendocs200'A3360-Inotice.2.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Plaintiff VERSUS MARY MCCALL, Defendant N O. 2003-6577 DECREE IN DIVORCE AND NOW, ?A tq!&C 1Z- , 2007 , IT IS ORDERED AND DECREED THAT AND MARY MCCALL ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, r 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; &Jdw_ ALBERT MCCALL, III 2f A& PROTHONOTARY Lo