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HomeMy WebLinkAbout08-0616IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH S. OWEN, Plaintiff V. No. G?rslcr? ERIK G. OWEN, DIVORCE/CUSTODY ACTION 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 by the Court. A Judgment may also be entered against you for any other claim or relief requested in these papers by the Petitioner. 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 Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 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. Lawyer Referral Service of the Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone: (717)249-3166 AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derchos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la York County Court of Common Pleas, 23 East Market Street, York, Pennsylvania 17401. SI USTED NO RELAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, LISTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. LISTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Lawyer Referral Service of the Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephono: (717)249-3166 James G. Nealon, III, Esquire NEALON & GOVER, P.C. 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 inealon n lawfirm.com ELIZABETH S. OWEN, PLAINTIFF V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. OP- G I & Ct,cit ? `T-e?-- ERIK G. OWEN, : DIVORCE/CUSTODY ACTION DEFENDANT COMPLAINT COUNT I - DIVORCE UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE 1. Plaintiff, Elizabeth S. Owen, is an adult individual who currently resides at 300 Second Street, Summerdale, Cumberland County, Pennsylvania 17093. 2. Defendant, Erik G. Owen, is an adult individual who currently resides at the Summerdale Fire Department, Summerdale, PA. 3. The Plaintiffs Social Security Number is 186-58-1436. 4. The Defendant's Social Security Number is 191-46-1595. 5. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of the Complaint. 6. The Plaintiff and Defendant were married on June 7, 1999, in Lemoyne, Cumberland County, Pennsylvania. 7. There have been no prior actions of divorce or for annulment between the parties. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. Plaintiff requests the Court to enter a Decree of Divorce. WHERFORE, Plaintiff, Elizabeth S. Owen, urges this Honorable Court to enter a Decree of Divorce. COUNT II- CUSTODY 11. Paragraphs 1-10 above are incorporated herein by reference. 12. Plaintiff seeks custody of the following child: Name Present Residence Age Dakota M. Owen 300 Second Street 8 (D.O.B. 12/21/99) Summerdale, PA 13. The child was born of marriage. 14. The child is presently in the custody of the Plaintiff who resides at the above-referenced address. 15. During the past five (5) years, the child has resided with the following persons at the following addresses: Persons Address Dates Plaintiff 300 Second Street 1/07-present Summerdale, PA Parties 300 Second Street Prior 5 years Summerdale, PA 16. The Mother of the child is the Plaintiff. She is currently married but separated.. 17. The Father of the child is the Defendant. He is currently married but separated. 18. The relationship of the Plaintiff to the child is of mother. The Plaintiff currently resides with herself and the minor child, at the above referenced address. 19. The relationship of the Defendant to the child is that of father. The defendant currently resides at the above referenced address. 20. Plaintiff has not participated as a party or witness or in another capacity in other litigation concerning custody of the child in this or another Court. 21. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of the Commonwealth or any other state. 22. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 23. The best interest and permanent welfare of the child will be served by granting the relief requested because mother has been the primary caregiver and has played an active and nurturing role in the development of the child and the continued relationship would be in the best interests of the child. 24. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff, Elizabeth S. Owen, requests the Court to award the parties shared legal custody of the child, grant her primary physical custody of the child and award Defendant periods of partial physical custody to Defendant. Respectfully subm)W, NEALON, G By: ``-`( V C James G. Nealon, III, Esquire Attorney I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 VERIFICATION Complaint are true and correct. subject to the penalties of 18 Pa authorities. I, Elizabeth S. Owen, verify that the statements made in the foregoing I understand that false statements herein are made C.S.A. 4904 relating to unsworn falsification to 4ELIZA8 ?T-H S. OW-EN Dated: -Ep- 7 j . c? ELIZABETH S. OWEN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ERIK G. OWEN DEFENDANT 2008-616 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, February 04, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, March 04, 2008 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 Telephone (717) 249-3166 *?o? ? of /?^?rn? '?Bo' -?rI ?.r ? 1 1 3-; ?yq ;0 All, i_ SS :8 Wd S- 83.E 8QOZ ,i?Wjoi Or, 3OL40" .13"111 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH S. OWEN, Plaintiff ?o n v. No. 08 ?- ERIK G. OWEN, DIVORCE/CUSTODY ACTION Defendant AFFIDAVIT OF SERVICE 1, l o -y. , do hereby certify, subject to the penalties of 18 Pa. C. S. Section 4904, relatin to Unsworn Falsification to Authorities, that I am a competent adult a"at on the /4 day of _, 2008, at about /0 -S'O o'clock%v.S/ / p.m., I served true and correct copies of a following documents in the above-captioned matter: A Complaint for Custody/Divorce and attached Order of Court in the following indicated manner: "'by personally handing said copies to and leaving same with the said Erik G. Owen at Summerdale ire Department, 202 3'd Street, Summerdale, PA 17093. by personally handing said copies to and leaving same with the following named adult member at Summerdale Fire Department, 202 3`d Street, Summerdale, PA 17093. by leaving said copies at the last known address of the ultimate recipient, said last known address at the following location: Summerdale Fire Department, 202 3'd Street, Summerdale, PA 17093 and said copies being specifically placed at : ( :1? ez-_ 4a?;7 By: TO BE FILLED IN BY PERSON ACCEPT] Received the herein described documents on Date Received: r?a a r° ... ?? -;? ,-: ;.. t ;. ? {{ L .: ?ti ? jj?""'' ?'1w' ?wIM??? ?.?F ? ?? '1 ?_' ! _ f•' 4??y^l' ?, a? yklilu?r ELIZABETH S. OWEN, Plaintiff V. ERIK G. OWEN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-616 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this lt? day of , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Elizabeth S. Owen and the Father, Erik G. Owen, shall have shared legal custody of Dakota M. Owen, born December 21, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pert::ining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody as the parties agree. 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc" James G. Nealon, III, Esquire, Counsel for Mother , 4rik G. Owen, pro se Summerdale Fire Department P.O. Box 89 Summerdale, PA 17093 120P J. MC-5 r1o , m C-j U • 1 i ELIZABETH S. OWEN, Plaintiff V. ERIK G. OWEN, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-616 CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Dakota M. Owen December 21, 1999 Mother 2. A Conciliation Conference was held in this matter on April 10, 2008, with the following in attendance: The Mother, Elizabeth S. Owen, with his counsel, James G. Nealon, III, Esquire, and the Father, Erik G. Owen, pro se. 3. The parties agreed to an Order in the form as attached. Date ffJacq(t6line M. Verney, Esquire Custody Conciliator 11 Fi! hD--?'?-rIC? Ti !? P2-`' ' '.,N%OTARY IN THE COURT OF COMMON PLEAS 2010 JAN 19 Fit 31 14 OF CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH S. OWEN, Plaintiff V. ERIK G. OWEN, Defendant u?liY No. 2008-616 DIVORCEICUSTODY ACTION NOTICE IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE A COUNTER AFFIDAVIT WITHIN TWENTY DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE AND AFFIDAVIT OF NON-MILITARY SERVICE 1. The parties to this action separated on January 5, 2008 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 4. The Defendant is not presently in the active military service of the United States of America and is not a member of the United States Army, Navy, Marine Corps, Air Force or Coast Guard, nor is the Defendant an officer in the Public Health Service detailed by proper authority with any such service, nor is the Defendant engaged in any active military service or duty with any unit covered by the Soldiers and Sailors Civil Relief Act of 1940, nor has the Defendant enlisted in any military service covered by the act. 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 unswom falsification to authorities. Date: llqlz,6 / 6 abeth S. Owen e +i.? TFE ZC 10 FEB L 4 AN I I? W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH S. OWEN, Plaintiff V. No. 2008-616 ERIK G. OWEN, DIVORCE/CUSTODY ACTION Defendant NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE TO: Erik G. Owen DEFENDANT 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 March 16, 2010, 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 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA (717) 249 (800) 990-4 IM13 James G. Nealon, III, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH S. OWEN, Plaintiff V. No. 2008-616 ERIK G. OWEN, : DIVORCE/CUSTODY ACTION Defendant COUNTER-AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): ( ) (a) I do not oppose the entry of a 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 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 if I 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 understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me and I shall be unable to thereafter to file any economic claims. 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.A. § 4904 relating to unsworn falsifications to authorities. ERIK G. OWEN NOTICE IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. CERTIFICATE OF SERVICE AND NOW, this 23th day of Februay, 2010, 1 hereby certify that I have served the foregoing Notice of Intent to Enter Judgment of Divorce and Counter Affidavit on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Erik G. Owen 300 Second Street Summerdale, PA 17093 James G. Nealon, III COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA? K.Y. C? I Elizabeth S OWEN ) AFFIDAVIT OF SERVICE . .t, Plaintiff c-n 3'1 No. 2008-616 V. ) Erik G. OWEN ) CIVIL ACTION - DIVORCE/ Defendant ) CUSTODY The undersigned affiant, John D. BECHTEL, being first duly sworn, hereby deposes and says: 1. I am over the age of eighteen, suffer no legal disabilities, have personal knowledge of the facts set forth below, and am competent to testify. 2. I am a Deputy Pennsylvania State Constable, duly sworn and certified in accordance with the Constable Education and Training Act of 1994 (ACT 44- 1994, as amended). 3. With regards to the above captioned matter, on January 31, 2010 at 2200 hours, I served the above named Erik G. OWEN with a true and correct copy of a AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE AND AFFIDAVIT OF NON-MILITARY SERVICE in reference to the above captioned matter. 4. Service was effected by handing an original, certified copy of the subpoena to Eric G. OWEN, at his current residence, 300 Second Street, Summerdale, Cumberland County, PA. Further deponent sayeth not. This the 1 st day of February, 2010. PA State Constable Sworn and subscribed before me this thTjz day of I , 2010. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Not Public Barbara J. Nealon, Notary Public ?' City of Harrisburg, Dauphin County My Commission expires: a 1 ` I MyQ mission Expires Dec. 21, 2011 Milifilillill', POWWWR 9seelation of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH S. OW EN, Plaintiff if. ERIK G. OWEN, Defendant : No. 2008-616 DIVORCE/CUSTODY ACTION NOTICE r .._t IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE A COUNTER-AFFIDAVIT WITHIN TWENTY DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE AND AFFIDAVIT OF NON-MILITARY SERVICE 1. The parties to this action separated on January 5, 2008 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 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. 4. The Defendant is not presently in the active military service of the United States of America and is not a member of the United States Army, Navy, Marine Corps, Air Force or Coast Guard, nor is the Defendant an officer in the Public Health Service detailed by proper authority with any such service, nor is the Defendant engaged in any The Stoeffler Group Professional Technical and Security Consultants 1901 Armstrong Valley Road, Halifax, PA 17032 1717.362.0870 1 www.tsgpa.com Affidavit and Return of Service: Civil Process Service Plaintiff/ Elizabeth S. Owen Defendant/ Erik G. OWEN Client TTA James G. Nealon ESQ. Person to 300 Second Street 2411 N. Front Street be Served Summerdale, PA Harrisburg, PA 17110 717.232.9900 Manner of Service Required X Personal Service Only Substitute Service OK Service b Posting OK Date/Time Received: 012110/1546 Serve b Date: ASAP I hereby certify that I served a true and correct copy of the following documents: Civil Complaint - Divorce/Custody Action 2008-616 (Cumberland) The above listed documents were served in the following manner: X By handing a copy of the listed documents to the above listed defendant By handing a copy of the listed documents to a responsible adult arty at the location listed below Person served: ?R rc c?<?i? Relationship/Title: l)r-F Date served: 1-,31- /0 Time served: 41-45 Location: 00 a S4- Sar?,rn? ?? ? g By posting a copy of the listed documents conspicuously as described below: Date posted: Time served: Location: The subject was not located within the attempts as documented, and service was not completed. Date returned: Time returned: Comments: Record of Service Attempts Date ST SM ET EM serer/ Notes 1-31-10 p?..C ?U ?7?"7 G?l?.12 rY1Rle Sa?ft c?y.. Sfoc??o5? 117116A B illing/Fees Cl ient Billing Information Service Fee Mileage Fee Total Due Amount Paid Amount Billed R OS Method Number/Address I hereby certify that the information VIA FACSIMILE contained herein is true and correct to the VIA MAIL/EMAIL best of my knowledge a d belief. HAND DELIVERY OTHER - Describe Re) ??vc?? A.9,+e- ,'.,' n ? ? A COMMONWEALTH OF PENNSYLVANIA COURT OF CO&MM PLEAS CUMBERLAND COUNTY, PA Elizabeth S. OWEN Plaintiff V. Erik G. OWEN Defendant AFFIDAVIT OF SERVICE No. 2008-616 -, =T _ a cn CIVIL ACTION - DIVORCE/ -- CUSTODY The undersigned affiant, John D. BECHTEL, being first duly sworn, hereby deposes and says: 1. I am over the age of eighteen, suffer no legal disabilities, have personal knowledge of the facts set forth below, and am competent to testify. 2. I am a Deputy Pennsylvania State Constable, duly sworn and certified in accordance with the Constable Education and Training Act of 1994 (ACT 44- 1994, as amended). 3. With regards to the above captioned matter, on January 31, 2010 at 2200 hours, I served the above named Erik G. OWEN with a true and correct copy of a AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE AND AFFIDAVIT OF NON-MILITARY SERVICE in reference to the above captioned matter. 4. Service was effected by handing an original, certified copy of the subpoena to Eric G. OWEN, at his current residence, 300 Second Street, Summerdale, Cumberland County, PA. Further deponent sayeth not. This the 1 st day of February, 2010. PA State Constable Sworn and subscribed before me this thC,'4day of 2010. a Notary Public My Commission expires: t ` I COMMONWEALTH OF PENNSYLVANIA Notarial Seal Barbara J. Nealon, Notary Public CCoy of Hantsburg, DaupNn County Ltj CarrMrladoo E pec. 21, 2011 n of Notaries VS. C r ? ? Q tug..-r1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIILiDIVISION NO. C? (D CJ 0 ' lD ?? CIVIL TERM C `rT PRAECIPE TO TRANSNUT RECORD 'r To the Prothonotary: v Transmit the record, together with the following information to the court for entry of ? die decree: 1. Ground for divorce: 3301 (d) (1) of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: P r5? n rz Ser y U oyl 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: N v ch M. ?v rv r57? i ,- 01arch, S a by plaintiff ; by defendant b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: J0 L C, I I q to 10 (2) Date of filing and service of the plaintiffs affidavit upon the respondent: r 1 Se r d ed o ?'1 4. Related claims din-( No ' l C', I a. Iuci q 3 ?} (C?i e C( 5. Complete either (a) or (b) a. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: Ft?, Yt y o-r 1 ? 3 ap 10 kq b. Date of plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the reed LL C4,- Prothonotary: Cu Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the Prothonotary: )rMey for Plaintiff/De enda t Elizabeth Owen V. Erik Owen IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- 616 DIVORCE DECREE AND NOW, 6t it is ordered and decreed that Elizabeth Owen Erik Owen bonds of matrimony. plaintiff, and defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None By the Court, Attest: J. l Prothonotary 1-4- 7- [ D Cfc--? . C_OV- )?? zq. -7- 10 A)Oiic,,e- mca.; le.r? -1::b +,o ftj-j? A),4P_?on