HomeMy WebLinkAbout09-8225STACY B. WOLF, ESQUIRE
ATTORNEY ID NO. 88732
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 2414436
ATTORNEY FOR PLAINTIFF
MICHELLE L. SCHOCK, : IN THE COURT OF COMMON PLEAS OF
Plaintiff' : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
CHRISTOPHER W. SCHOCK, : NO. 09 - CIVIL TERM
Defendant : IN DIVORCE AND CUSTODY
NOTICE
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 in 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 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, Cumberland County Courthouse, 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 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
STACY B. WOLF, ESQUIRE
ATTORNEY ID NO. 88732
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
MICHELLE L. SCHOCK,
Plaintiff
v.
CHRISTOPHER W. SCHOCK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 09 - CIVIL TERM
IN DIVORCE AND CUSTODY
COMPLAINT IN DIVORCE PURSUANT TO
SECTION 3301 OF THE DIVORCE CODE
NOW, comes the plaintiff and files this complaint in divorce against the defendant,
representing as follows:
The plaintiff is Michelle L. Schock, an adult individual residing at 1331 Mountain
Road, Newburg, Pennsylvania 17240.
2. The defendant is Christopher W. Schock, an adult individual residing at 169 CME,
Newville, Pennsylvania 17241.
3. The plaintiff and defendant have been residents of the Commonwealth of
Pennsylvania at least six months prior to the filing of this action in divorce.
4. The parties were married on April 17, 1998 in Newville, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties.
The plaintiff avers that she has been advised of the availability of counseling and that
said party has the right to request that the court require the parties to participate in counseling.
COUNTI
REQUEST FOR A NO-FAULT DIVORCE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
The averments of Paragraphs 1 through 6 hereof are incorporated herein by
reference.
8. The marriage between the parties is irretrievably broken.
9. After ninety (90) days have elapsed from the date of the filing and service of this
Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that
Defendant may also file such an Affidavit.
WHEREFORE, if both parties file Affidavits consenting to a divorce after ninety (90) days
have elapsed from the filing and service of this Complaint, Plaintiff respectfully requests this
Honorable Court enter a decree of divorce pursuant to ? 3301(c) of the Divorce Code.
COUNT II
REQUEST FOR A NO-FAULT DIVORCE
UNDER SECTION 3301(d) OF THE DIVORCE CODE
10. The averments of Paragraphs 1 through 9 hereof are incorporated herein by
reference.
11. The marriage of the parties is irretrievably broken.
12. The parties are living separate and apart and at the appropriate time, Plaintiff will
submit an Affidavit alleging that the parties have lived separate and apart for at least two years as
specified in § 3301(d) of the Divorce Code.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a decree of
divorce pursuant to § 3301(d) of the Divorce Code.
COUNT III
CUSTODY
13. The averments of Paragraphs 1 through 12 hereof are incorporated herein by
reference.
14. Plaintiff seeks custody of the following children:
Name Present Mailing Address Age
Branda L. Schock 1331 Mountain Road 10 years
Newburg, PA 17240 D.O.B. 2/2/1999
Charlee J. Schock 1331 Mountain Road 2 years
Newburg, PA 17240 D.O.B. 2/28/2007
15. Plaintiff and Defendant are the natural parents of the children.
16. The children were born during the marriage of the parties.
17. The children are presently in the custody of Plaintiff.
18. Since the children's birth, the children have resided with the following persons at the
following addresses:
Persons :
Plaintiff
Plaintiff/Defendant
Address:
1331 Mountain Road
Newburg, PA 17240
169 CME
Newville, PA 17241
Dates:
11/18/2009-present
birth-11/18/2009
19. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the children in this or another court.
20. Plaintiff has no information of a custody proceeding concerning the children
pending in a court of this Commonwealth or any other state.
21. 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 rights with respect to the children.
22. Mother has been the primary caregiver of the children since their birth.
23. The best interests and permanent welfare of the children will be served by granting
the relief requested herein.
WHEREFORE, for the reasons set forth herein, Plaintiff, Michelle L. Schock, respectfully
requests that the Court enter an order granting her primary physical custody of the children.
WOLF &
2009
BY: ?//
STACY I WOIP, ESQUIRE
Supreme Court ID #88732
10 West High Street
Carlisle, Pennsylvania 17013
(717) 241-4436
Attorney for Plaintiff
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. Section 4904, relating to
unsworn falsification to authorities.
2009
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STACY B. WOLF, ESQUIRE
ATTORNEY ID NO. 88732
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
MICHELLE L. SCHOCK,
Plaintiff
V.
CHRISTOPHER W. SCHOCK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 09 - er') -S CIVIL TERM
IN DIVORCE AND CUSTODY
PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT
The plaintiff, being duly sworn according to law, deposes and says:
1. 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.
2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's
Office, which list is available to me upon request.
I Being so advised, I do not request that the court require that my spouse and I participate
in counseling prior to a divorce decree being handed down.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom
falsification to authorities
2009
Mi helle L. ock, Plaintiff
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MICHELLE L. SCHOCK, IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLV ANIA
CIVIL ACTION -LAW
v, 9~~5-CIVIL TERM
NO.2009- n
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CHRISTOPHER W. SCHOCK, rT ~
Defendant IN DIVORCE AND CUSTODY "~'~~- ~ ;~
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TO THE PROTHONOTARY: =~ c,~
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WITHDRAWAL OF APPEARANCE
Please withdraw my appearance on behalf of the Plaintiff in the above-captioned matter.
Respectfully submitted,
Date: ~~ ~= `"
Stacy B. W ,Esquire
Wolf & Wol
10 West High Street
Carlisle, PA 17013
(717)241-4436
ENTRY OF APPEARANCE
Please enter my appearance on behalf of the Plaintiff in the above-captioned matter.
Respectfully submitted,
Date: ~-
13r~ ie, Esquire
F & ASSOCIATES
200 orth Hanover Street
Carlisle, PA 17013
(717) 243-5551
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FEB 2 2 2010
MICHELLE L. SCHOCK, 1N THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
v• N0.2009- ~e'~ CIVIL TERM
CHRISTOPHER W. SCHOCK, IN DIVORCE AND CUSTODY
Defendant J. WESLEY OLER, JR., JUDGE
ORDER OF COURT
AND NOW this ~, > day of ~ ~ ~ , 2010 upon presentation and
consideration of the within Petition, the hearing previously scheduled in this matter for March
18, 2010 at 9:30 a.m. is hereby continued to _//~~u~ ,the ~?Q ,~, day of
~) ~_, 2010 at ~jL~o'clock Q .m. in Courtroom Number One of the
Cumberland County Courthouse, Carlisle, Pennsylvania. All other provisions of our Order of
December 22, 2009 scheduling the initial hearing in this matter shall remain in effect.
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By the Court,
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Cc: Bradley L. Griffie, Esquire
Attorney for Plaintiff
~rri D. Coover, Esquire
Attorney for Defendant cs o ~-;;
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MICHELLE L. SCHOCK,
Plaintiff
v.
CHRISTOPHER W. SCHOCK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW ~ ~? d ~_~
NO.2009-~ CIVIL TERM ~'`^-,, ~'
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IN DIVORCE AND CUSTODY
J. WESLEY OLER, JR., JUDGE "° {?~
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PETITION FOR CONTINUANCE -= rv ~j r~i
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AND NOW comes Petitioner, Bradley L. Griffie, Esquire, and petitions the Court a`~s
follows:
1. Your Petitioner is counsel of record for the above named Plaintiff, Michelle L.
Schock.
2. Defendant, Christopher W. Schock, is represented by counsel, Sherri Coover,
Esquire.
3. Plaintiff was represented previously in this matter by Stacy B. Wolf, Esquire.
4. Upon assumption of representation of the Plaintiff by your Petitioner, Petitioner
and Plaintiff reviewed all of the details associated with custody of the children
involved in this matter.
5. Petitioner and Plaintiff further reviewed the Order of December 22, 2009 entered
in this matter which has caused a hearing to be scheduled for March 18, 2010 at
9:30 a.m., a copy of which Order is attached hereto and incorporated herein by
reference as Exhibit "A".
6. Petitioner has been advised by the Court that the hearing is scheduled to occur
from 9:30 a.m. until 12:00 noon on March 18, 2010, or a total period of two and
one half (2%) hours.
7. Based upon the extensive information provided to Petitioner by Plaintiff and in
anticipation of the need to call multiple witnesses in this involved custody matter,
it is quite evident that the hearing will not be able to be concluded in a two and
one half hour time period.
8. Upon recommendation of your Petitioner to Plaintiff, Plaintiff concurs in
Petitioner's advice that the matter be continued to a later time so that the hearing
can be scheduled for at least one (1) full day of testimony.
9. By correspondence dated February 5, 2010, Petitioner requested a concurrence to
this continuance request from opposing counsel, Sherri D. Coover, Esquire, but
no response has been forthcoming from Attorney Coover.
10. Any additional delay in the request for the continuance will simply mean
additional delay until this matter can be heard and resolved by the Court.
11. The Order presently in effect is not in the children's best interest and should be
modified after hearing.
WHEREFORE, Petitioner requests your Honorable Court to reschedule the hearing
presently scheduled for March 18, 2010 at 9:30 a.m. to a later date and for at least a full day
hearing.
Respectfully Submitted,
y L/ riffie, Esquire
Attorney for Plaintiff
GRIFFIE AND ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
VERIFICATION
I verify that the statements made in the foregoing document 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.
DATE: ~(~ ~ I (c~
Y . GRIFFIE
MICHELLE L. SCHOCK,
Plaintiff
v.
CHRISTOPHER W. SCHOCK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
N0.2009-~5~ CIVIL TERM
~~aS
IN DIVORCE AND CUSTODY
J. WESLEY OLER, JR., JUDGE
CERTIFICATE OF SERVICE
I, Bradley L. Griffie, Esquire, hereby certify that I did, the
~_ day of February,
2010, cause a copy of Plaintiff/Petitioner's Petition for Continuance to be served upon
DefendandRespondent's attorney by first class mail, postage prepaid at the following address:
Sherri D. Coover, Esquire
44 South Hanover Street
Carlisle, PA 17013
DATE: 1 ~ ` l J
~Jfbrney for Plaintiff/Petitioner
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717)243-5551
(800)347-5552
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MICHELLE L. SCHOCK,
Plaintiff/Respondent
vs.
CHRISTOPHER SCHOCK,
Defendant/Petitioner
MAY 1 12010
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
• ~iS
N0.2009-3~5 CIVIL ACTION -LAW
IN DIVORCE
RULE TO SHOW CAUSE
AND NOW, to wit, this C ~ day of ~ ~ ') 2010 u n
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consideration of Plaintiff s Petition for Special Relief, a Rule is hereby issued upon Defendant to
show cause, if any, why the relief requested should not be granted.
RiJLE RETURNABLE IN - ~ -~-___ DAYS FROM SERVICE.
cc: ~ieri D. Coover, Esquire, counsel for Petitioner/Defendant
./Bradley Crtiffie, Esquire, counsel for Defendant/Respondent
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MICHELLE L. SCHOCK,
Plaintiff
v.
CHRISTOPHER SCHOCK,
Defendant
To the Prothonotary:
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IN THE C~(~U'1~T~OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
09-8225 CIVIL TERM
IN DIVORCE/CUSTODY
PRAECIPE TO WITHDRAW APPEARANCE
Please withdraw the appearance of Sheri D. Coover, Esquire on behalf of the Defendant,
Christopher Schock, in the above captioned case.
.Submitted,
Dated: July ~ , 2010
S eri D. Coover, Esquire
upreme Court I.D. No. 94285
44 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 960-0075
To the Prothonotary:
PRAECIPE TO ENTER APPEARANCE
Please enter my appearance on behalf of the Defendant, Christopher Schock, in the above
captioned case.
Respectfully Submitted,
IRWIN & McKNIGHT, P.C.
Date: July ~`l , 2010
Douglas G i11er, Esquire
Supreme C urt I.D. No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle; Pennsylvania 17013-3222
(717) 249-2353
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
BRADLEY L. GRIFFIE, ESQUIRE
GRIFFIE & ASSOCIATES
200 NORTH HANOVER STREET
CARLISLE, PA 17013
Date: August 5, 2010 IRWIN & McKNIGHT
t` tbd ,
ougla G. Miller, Esquire
Supreme Court I.D. # 83776
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
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MICHELLE L. SCHOCK,
Plaintiff
v.
CHRISTOPHER W. SCHOCK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVAI
CIVIL ACTION -LAW
NO.2009-8225 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on
about November 25, 2009.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (9~0)
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
intention to request entry of the decree.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDA
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HER
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING
UNSWORN FALSIFICATION TO AUTHORITIES. ,, ,-, _
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MICHELLE L. SCHOCK, IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVAl
v. :CIVIL ACTION -LAW
CHRISTOPHER W. SCHOCK, N0.2009-8225 CIVIL TERM
Defendant IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
THE ENTRY OF A DIVORCE DECREE
UNDER ~3301(c) OF THE DIVORCE CODE
I . I consent to the entry of a final decree in divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
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
Court and that a copy of the decree will be sent to me immediately after it is
with the Prothonotary..
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDA
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HER
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING
UNSWORN FALSIFICATION TO AUTHC_'_T_.."
DATE:
MICHELLE L. SCHOCK,
Plaintiff,
v.
CHRISTOPHER W. SCHOCK,
Defendant.
IN THE COURT OF COMMON PLEAS a
CUMBERLAND COUNTY, PENNSYLVAI
CIVIL ACTION -LAW
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DEFENDANT'S AFFIDAVIT OF CONSENT
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1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or
about November 25, 2009.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of the filing of the complaint.
3. I consent to the entry of a final decree in divorce.
4. I understand that I may lose rights concerning alimony, division of property,
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 tha
false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating ~
unsworn falsification to authorities.
Date: AUGUST 6, 2012
. SCHOCK
Defendant
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MICHELLE L. SCHOCK,
Plaintiff,
v.
CHRISTOPHER W. SCHOCK,
Defendant.
IN THE COURT OF COMMON PLEAS O1F
CUMBERLAND COUNTY, PENNSYLVAN
CIVIL ACTION -LAW
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2009 - 8225 CIVIL TERM ~ `~='
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IN DIVORCE `~~~~~ ~
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WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
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2. I understand that I may lose rights concerning alimony, division of property,
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 C
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 tr
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating
unsworn falsification to authorities.
Date: AIIGIIST 6, 2012 ~_`~~(-~y
CHRIS PHER W.
Defendant
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MICHELLE L. SCHOCK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION -LAW
NO. 2009-8225 CIVIL TERM
CHRISTOPHER W. SCHOCK, IN DIVORCE
Defendant J. WESLEY OLER, JR., JUDGE
ACCEPTANCE OF SERVICE
I, Christopher W. Schock, acknowledge that I received a copy of Plaintiff's
Complaint in Divorce in the above captioned action on or about '??5/0 °r
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CHRIS P R W. SCHOCK
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MICHELLE L. SCHOCK,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL DIVISION
CHRISTOPHER W. SCHOCK,
No. 2009-8225 CIVIL TERM
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Tray smit the record, together with the following information, to the court for entry of a &Wjfe
decree: rnm
1. Ground for divorce: m
Irretrievable breakdown under § (3301(c)) and
§ (3301(d)(1)) of the Divorce Code. An
(Strike out inapplicable section.) Q
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2. Date and manner of service of the complaint:
Acceptance of Service by Defendant on 12/5/2009. -:
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by § 3301(c) of the
Divorce code:
by plaintiff 8/10/12 ; by defendant 8/6/12
(b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code:
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(2) Date of filing and service of the plaintiff's § 3301(d) affidavit upon the
respondent opposing party:
4. Related claims pending:
None
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:
(b) Date plaintiffs Waiver of Notice was filed with the Prothonotary:
8/13/2012
Date defendant's Waiver of Notice was filed with the Prothonotary:
8/13/2012
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