HomeMy WebLinkAbout04-1886
ALICE F. STRICKLAND,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
ERIC D. STRICKLAND,
Defendant
NO. 2003 -11?f.:. CIVIL TERM
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 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 ofthe
marriage, you may request marriage counseling. A list of marriage counselors is available in the
Office of the Prothonotary, Cumberland County Court House, Carlisle, Pemlsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR lLAWYER 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 Lawyers Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
LAW OFFICES OF PETER J. RUSSO, P.C.
The Chelsea Building
3800 Market Street
Camp Hill, PA l7011
(717) 591-1755
Attorney for Plaintiff
ALICE F. STRICKLAND,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
ERIC D. STRICKLAND,
Defendant
NO. 2003 - U'Jt,. CIVIL TERM
IN DIVORCE
COMPLAINT IN DIVORCE
UNDER SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE
AND NOW, COMES, the above-named PlaintiJIby and through the Law Offices
of Peter J. Russo, P.C., and seeks to obtain a Decree in Divorce from the above-named Defendant,
upon the grounds hereinafter more fully set forth:
1. Plaintiff is an adult individual residing at 2119 Susquehanna Avenue, Enola,
Cumberland County, Pellllsylvania and is a citizen of the United States.
2. Defendant is an adult individual residing at 219 Susquehanna Avenue, Enola,
Cumberland County, Pellllsylvania and is a citizen of the United States.
3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for 41
years and has resided continuously therein for at least six months prior to filing of this Complaint.
4. Defendant has been a resident of the Commonwealth of Pellllsylvania for 33 years
and has resided continuously therein for at least six months prior to filing of this Complaint.
5. Plaintiff and Defendant were married on October 13, 1990 in Dauphin County
Pellllsylvania.
6. There are two children of the parties under the age of eighteen (18):
Eric L. Strickland
Cody 1. Strickland
July 30, 1991
December 2, 1992
COUNT I - DIVORCE
7. Plaintiff hereby incorporates by reference averments 1 through 6 of this Complaint
as if each averment were set forth fully hereunder.
8. There has been no prior action for divorce by either party against the other.
9. Neither Plaintiff nor Defendant is in the Armed Forces of the United States or any of
its allies.
10. Plaintiff avers that the marriage between the parties is irretrievably broken.
11. 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, but does not
request the same.
WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce
pursuant Section 3301 of the Divorce Code.
COUNT 11- CUSTODY
13. Plaintiff hereby incorporates by reference averments 1 through 11 of this Complaint
as if each averment were set forth fiIily hereunder.
14. Plaintiff is Alice F. Strickland residing at 219 Susquehanna Avenue, Enola,
Cumberland County, Pemlsylvania.
15. Defendant is Eric D. Strickland residing at 219 Susquehanna Avenue, Enola,
Cumberland County, Pennsylvania.
16. Plaintiff seeks custody of the following children:
Name
Eric L. Strickland
Present Residence
219 Susquehanna Avenue,
Enola, P A 17025
DOD
July 30, 1991
Cody D. Strickland
219 Susquehanna Avenue,
Enola, P A 17025
Dec. 2,1992
17. The children were not born out of wedlock.
18. The children are presently in the custody of the Plaintiff and Defendant, who reside
at, 219 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania.
19. In the last five years the children have resided Witll the following persons and at the
following address:
Persons
Plaintiff & Defendant
Plaintiff
Plaintiff & Defendant
Address
Carlisle, P A
Harrisburg, P A
219 Susquehanna Ave., Enola, PA
Duration
Mar. 1999 to June 2000
June 2000 to Oct. 2000
Oct. 2000 to Present
20. The Plaintiff, the mother of the children, is Ali<:e F. Strickland, residing at 219
Susquehanna Avenue, Enola, Cumberland County, Pennsylvania. She is married.
21. The Plaintiff currently resides with the following plJrSons:
Name
Eric D. Strickland
Eric L. Strickland
Cody J. Strickland
Relationshio
Spouse
Son
Son
22. The Defendant, the father of the children, is Eric D. Strickland, residing at 219
Susquehanna Avenue, Enola, Cumberland County, Pennsylvania. He is married.
23. The Defendant currently resides with the following persons:
Name
Alice F. Strickland
Eric L. Strickland
Cody J. Strickland
Relationship
Spouse
Son
Son
24. Plaintiff has not participated as a party or witIless, or in another capacity, in other
litigation concerning the custody of the children in this or anoth,~r court.
25. Plaintiff has no information of a custody proceeding concerning the children
pending in a court of this Commonwealth.
26. Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the children or claims to have custody or visitation right with respect to the
children.
27. The best interest and permanent welfare of the children will be served by placing
joint legal and primary physical custody of the subject children with Plaintiff and giving
Defendant partial physical custody because the children have resided with their mother all their
lives and at the present time, she is best able to provide a stable home life.
WHEREFORE, Plaintiff requests this Honorable Court to order that joint legal and
primary physical custody of the subject children be placed with Plaintiff and that Defendant receive
partial physical custody.
Date: '1/'0(0 '1
Respectfully submitted,
Law Offices of Peter J. Russo, P.c.
By: 4~u Ilr~
Scott A. Stein, Esquire
Attorney for Plaintiff
ID No. 81738
LAW OFFICES OF PETER J. RUSSO, P.c.
The Chelsea Building
3800 Market Street
Camp Hill, PA 17011
(717) 591-1755
Attorney for Plaintiff
ALICE F. STRICKLAND,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
ERIC D. STRICKLAND,
Defendant
NO. 2003-
IN DIVORCE
CIVIL TERM
VERIFICATION
I, Alice F. Strickland, verifY that the statements made in the foregoing document are true
and correct. I understand that false statements made herein are subject to the penalties of 18
P.C.S. 14904 rewmgto -= ","."tioo '" OO~ti~. C '0~
Date: 64- \D-OY J~lir) ~ '"~
Alice F. Strickland
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ALICE F. STRICKLAND
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
04-1886 CIVIL ACTION LAW
ERIC D. STRICKLAND
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Tuesday, May 11, 2004
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before _ Dawn S. Sunday, Esq. _, the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, June 01, 2004 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 defme and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or per\nanent order.
The court hereby directs the parties to furnish any and all existin~: Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin2.
FOR THE COURT,
By: Isl
Dawn S. Sunday, Esq.
Custody Conciliator
mhc
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
HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET
FORTIl 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
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JUN 2 9 2004
ALICE F. STRICKLAND
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
04-1886
CNIL ACTION LAW
ERIC D. STRICKLAND
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this r;. ~ day of ~'t1l ' 2004, upon
consideration ofthe attached Custody Conciliation Repod, it i ordered and directed as follows:
1. The Mother, Alice F. Strickland, and the Father, Eric D. Strickland, shall have shared legal
custody of Eric L. Strickland, born July 30,1991, and Cody J. Slrickland, born December 2,1992.
Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major
non-emergency decisions affecting the Children's general well-being including, but not limited to, all
decisions regarding their health, education and religion. Pursuarlt to the terms of this paragraph each
parent shall be entitled to all records and information pertaining to the Children including, but not
limited to, school and medical records and information.
2. The Mother shall have primary physical custody ofth~: Children.
3. The Father shall have partial physical custody of the Children on alternating weekends from
Friday at 7:00 p.m. through Sunday at 7:00 p.m., begilllling Friday June 18,2004. In addition, the
Father shall have custody of the Children every Thursday during the school year from 3:00 p.m. until
9:00 p.m. and during the summer school break from 5:00 p.m. through 12:00 midnight.
4. The parties shall have custody of the Children on holidays as follows:
A. ChristInas: The ChristInas holiday shall be divided into Segment A, which shall run from
ChristInas Eve at 12:00 noon through ChristInas Day at 12:00 noon, and Segment B, which
shall run from ChristInas Day at 12:00 noon through Dec,ember 26 at 12:00 noon. The Mother
shall have custody of the Children during Segment A in even numbered years and during
Segment B in odd numbered years. The Father shall havll custody of the Children during
Segment A in odd numbered years and during Segment B in even numbered years. The parties
shall share having custody ofthe Children during the remainder ofthe holiday school break as
arranged by agreement.
B. Thanksgiving: The parties shall have custody of the Children on Thanksgiving in accordance
with the regular custody schedule under which the Mother has custody ofthe Children on
Thursdays until 3:00 p.m. and the Father has custody from 3:00 p.m. until 9:00 p.m. In the
,
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event the Father's regular weekend period of custody faills immediately following
Thanksgiving, the Father's periods of holiday and weekend custody shall run continuously
without interruption.
C. Father's Day: The Father shall have custody of the Children every year on Father's Day
from 9;00 a.m. until 7;00 p.m.
D. Remaining holidays: For Easter, New Year's, Mother's Day, Memorial Day, July 4th and
Labor Day, the parties shall either follow the regular custody schedule or establish special
arrangements by agreement.
E. The holiday custody schedule shall supercede and tak~: precedence over the regular custody
schedule.
5. Each party shall be entitled to have uninterrupted periods of custody during the sununer
school break each year for two non-consecutive (unless agreed otherwise) weeks. Each party shall
schedule periods of custody under this provision to include that party's regular weekend period of
custody. Each party shall provide at least two weeks advance notice to the other party of his or her
selection of vacation dates under this provision. The party providing notice first shall be entitled to
preference on his or her selection of vacation dates.
6. Each party shall notify the other promptly of any emergency medical care provided to either
Child or the Children during his or her periods of custody.
7. Unless otherwise agreed between the parties, the party receiving custody shall provide
transportation for the exchange of custody, with the exception of Thursday evening periods for which
the Father shall provide all transportation.
8. The parties agree that while the Father's roommate remains on probation, either the
roommate shall not be present in the Father's residence or otherwise have contact with the Children
when the Father has custody or the Father shall provide verification from the roommate's probation
officer that the roommate is undergoing regular random drug testing and is in compliance with all
conditions of her probation.
9. Neither party shall do or say anything which may estrange the Children from the other
parent, injure the opinion of the Children as to the other parent, or hamper the free and natural
development of the Children's love and respect for the other parent. Both parties shall ensure that third
parties having contact with the Children comply with this provision.
10. This Order is entered pursuant to an agreement ofth,e 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.
BY THE COURT,
I
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cc: Scott A. Stein, Esquire - Counsel for Mother ,
Joseph D. Caraciolo, Esquire - Counsel for Father ~(.? ~ '7 -tJt. . b'l
C)-,
ALICE F. STRICKLAND
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERI"AND COUNTY, PENNSYL VANIA
vs.
04-1886
CNIL ACTION LAW
ERIC D. STRICKLAND
Defendant
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAN][) COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the fOllowing report:
1. The pertinent information concerning the Children who are the subjects of this litigation is
as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Eric L. Strickland
Cody J. Strickland
July 30, 1991
December 2, 1992
Mother
Mother
2. A conciliation conference was held on June 16, 2004" with the fOllowing individuals in
attendance: The Mother, Alice F. Strickland, with her counsel, Scott A. Stein, Esquire, and the Father,
Eric D. Strickland, with his counsel, Joseph D. Caraciolo, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
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Date
t2~~ o~
Dawn S. Sunday, Esquire
Custody Conciliator
,.
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LAW OFFICES OF PETER J. RUSSO, P.c.
The Chelsea Building
3800 Market Street
Camp Hill, P A 17011
(717) 591-1755
Attorney for Plaintiff
ALICE F. STRICKLAND,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
ERIC D. STRICKLAND,
Defendant
NO. 2004 -1886
IN DIVORCE
CIVIL TERM
PROOF OF SERVICE OF PLAINTIFF'S COMPLAINT
UPON DEFENDANT
AND NOW, COMES, Scott A. Stein, Attorney for PlaintitI, Alice F. Strickland, and
certifies that on April 24. 2004 , he did serve the Defendant, Eric D. Strickland with
a true and correct copy of the Divorce Complaint filed against him alleging the parties' marriage
was irretrievably broken under Section 330l(d) and Section 330l(c) of the Divorce Code. Said
complaint was served upon the defendant by placing same in an envelope sent by certified mail,
restrictcd delivery, return receipt requested and addressed to Eric D. Strickland at 219 Susquehanna
Avenue, Enola, Pennsylvania 17025.
~
Service of Plaintiffs Complaint on the Defendant, Eric D. Strickland was affected on
April 29. 2004 . A true and correct copy of the U.S. Postal Service Return Receipt
is attached hereto and the original is affixed to the reverse of this document.
[ ]
Service of Plaintiffs Complaint on the Defendant, Eric D. Strickland was effected on_
. A true and correct copy of Defendant's
Acknowledgment of Service is attached hereto and the original is affixed to this
document.
Date: 1/;;''5/0(,
..
.'
. Complete Items 1. 2, and 3. Also complete
Item 4 W ResIrtcled DeIlvery Is desired.
. PrInt-your name and addlllSS on the I8V8I88
so that we can I8lum the card to you_
. Allach this card to the back of the mallplece,
or on the front W space permits.
1~ Artk:Ie Addressed to:
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ALICE F. STRICKLAND,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
ERIC D. STRICKLAND,
Defendant
NO. 2004 - 1886
IN DIVORCE
CIVIL TERM
PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE
OF INTENTION TO ENTER DIVORCE DECREE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
April 28, 2004.
2. The marriage is irretrievably broken and ninety days have elapsed from the date of
the filing and service of the Complaint.
3. I consent to the entry of a Final Decree of Divorce without further notice.
4. I understand that I may lose rights concerning alimony, division of property,
lawyers fees or expenses if! do not claim them before a divorce is granted.
5. I understand that I wi 11 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's Office.
6. [have been advised ofthe availability ofmaniage counseling and understand that [
may request that the court require that my spouse and I participate in counseling. 1 understand
that the court maintains a list of marriage counselors in the Domestic Relations Office, which list
is available to me on request.
7. Being so advised, I, Alice F. Strickland, do not request that the Court require my
spouse and me to participate in counseling prior to a divorce decree being handed down by the
Court.
[ 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. /
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Alice F. Strick and
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ALICE F. STRICKLAND,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
ERIC D. STRICKLAND,
Defendant
NO. 2004 - 1886
IN DIVORCE
CIVIL TERM
DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE
OF INTENTION TO ENTER DIVORCE DECREE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
I. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on
April 28, 2004.
2. The marriage is irretrievably broken and ninety days have elapsed from the date of
the filing and service ofthe Complaint.
3. I consent to the entry of a Final Decree of Divorce without further notice.
4. I understand that I may lose rights concerning alimony, division of property,
lawyers fees or expenses in do not claim them before a divorce is granted.
5. 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's Office.
6. 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. I understand
that the court maintains a list of marriage counselors in the Domestic Relations Office, which list
is available to me on request.
7. Being so advised, I, Eric D. Strickland, do not request that the Court require my
spouse and me to 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 subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn
falsification to Authorities.
1/;;"'.7)0(,
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DATE
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Eric D. Strickland
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LAW OFFICES OF PETER J. RUSSO, P.c.
PETER J. RUSSO, ESQUIRE
PA Supreme Court ill: 72897
SCOTT A. STEIN, ESQUIRE
3800 Market Street
Camp Hill, PA 17011
(717) 591-1755
Attorneys for Plaintiff
ALICE F. STRICKLAND,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
ERIC D_ STRICKLAND,
Defendant
NO. 2004 - 1886
IN DIVORCE
CIVIL TERM
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 Section 3301( c) of the
Divorce Code.
2. Date and manner of service of the Complaint: Complaint served on Eric D.
Strickland by Certified Mail, Restricted Delivery with return receipt on April 29. 2004 .
3.
the Divorce Code:
Date of execution of the plaintiffs affidavit required by Section 3301(c) of
January 25,2006
Date of service of plaintiffs affidavit on defendant: Januarv 27,2006
the Divorce Code:
Date of execution of the defendant's affidavit required by Section 3301(c) of
January 27.2006
4.
Related claims pending: None
Date: I tn /0[,
Respectfully submitted,
_~[J~~~/
Scott A. Stein' -
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AIICF F ~TRI~K:l4.ND,
2004 - 1886
Plaintiff
No.
VERSUS
ERIC n STRI~I{I ANn,
Defendant
DECREE IN
DIVORCE
f-..,,)
ALICE F. STRICKLAND
AND NOW,
JI
, ~O~, iT is ORDERED AND
DECREED THAT
, PLAiNTiFF,
ERIC D. STRICKLAND
AND
, DEFENDANT,
ARE DiVORCED FROM THE BONDS OF MATRiMONY.
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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;
;.JON€.
By THE COUR;g ~.
PROTHONOTARY
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.~.
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_;:#;/ -7 lj1~m,./ r.zril, '1(} I' C
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