HomeMy WebLinkAbout04-5137
NATHAN C. WOLF, ESQillRE
ATTORNEYIDNO.87380
37 SOUTH HANOVER STREET, SUITE 201
CARLlSLE FA 17013
(717) 241-4436
ATTORNEY FOR PLA1NTIFF
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
; NO. 04 - SJ .), 7
: IN DIVORCE
CIVIL TERM
JEFFREY K. FUTSCHER,
Plaintiff
DIANE R. FUTSCHER,
Defendant
NOTICE
You have been sued in court. If you wish to defend against the clairns 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 maybe entered against you by the
court. A judgment mayalso 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, Gunberland County Courthouse, Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION 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
,
NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
37 SOUTH HANOVER STREET, SUITE 201
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
JEFFREY 1(. FUTSCHER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION . LAW
; NO. 04 - s: I J "1 CIVIL TERM
: IN DIVORCE
DIANE R. FUTSCHER,
Defendant
COMPLAINT IN DIVORCE PURSUANT TO
SECTION 3301(C) OF THE DIVORCE CODE
NOW, comes the plaintiff and files this complaint in divorce against the defendant,
representing as follows:
1. The plaintiff is Jeffrey K. Futscher, an adult individual residing at 552 Remington
Drive, Shippensburg, Franklin County, Pennsylvania 17257.
2. The defendant is Diane R Futscher, an adult individual residing at 134 Timber Lane,
Shippensburg, Cumberland County, Pennsylvania 17257.
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 December 15, 1997, in O1ambersburg, Franklin County,
Pennsylvania.
5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds
upon which this action is based that the marriage between the parties is irretrievably broken.
6. 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.
WHEREFORE, the plaintiff demands judgment dissolving the marriage between the
parties and for such further relief as this HOnorable CoUrt may deem equitable and just.
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.
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, ESQUIRE
upreme C D #87380
37 So anover Street, Suite 201
arlisle, Pennsylvania 17013
(717) 241-4436
Atrorney for Plaintiff
NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
37 SOUTH HANOVER STREET, SUITE 201
CARUSLE PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
JEFFREY K. FUTSCHER,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
DIANE R. FUTSCHER,
Defendant
; NO. 04- e;-/J1
: IN DIVORCE
CIVIL TERM
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 maniage counseling and understand that I may
request that the court require that my spouse and I participate in counseling.
2. I understand that the court maintains a list of marriage counselors in the Prothonotary's
Office, which list is available to me upon request.
3. 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.
1 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. CS. Section 4904 relating to unsworn
falsification to authorities.
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NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
37 SOUTH HANOVER STREET, SUITE 201
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
JEFFREY K. FUTSCHER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
DIANE R. FUTSCHER,
Defendant
: NO. 04 - 5137 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF SERVICE OF COMPLAINT
PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(i)
NOW, Nathan C. Wolf, Esquire, being duly sworn acconiing to law, does depose and state:
1. That he is a competent adult and attorney for the plaintiff in the above captioned
action in divorce.
2. That a certified copy of the complaint in divorce was served upon the defendant on
or about October 14, 2004, by certified mail "restricted delivery"" addressed to the defendant at 34
Timber Lane, Shippensburg, Pennsylvania 17257, return receipt No. 7003 3110 0004 5776 6224.
3.
hereto.
That a copy of the sender's receipt and signed receipt for certified mail is attached
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 unsworn
falsification to authorities. /~
VdZ7
,2004
/-
RECEIVED OCT 26
1004
NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
37 SOUl'H HANOVER STREET, SUITE 201
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
JEFFREY K. FUTSCHER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
~NO.04- 5/31_
: IN DIVORCE
CIVIL TERM
DIANE R. FUTSCHER,
Defendant
DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT
The defendant, 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. I ooderstand that the court maintains a list of maIriaj;e counselors in the Prothonotary's
Office, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse and I participate
in coooseling prior to a divorce decree being handed down.
I verify that the statements made in this affidavit are tnIeand correct. I ooderstand that false
statements herein made are subject to the penalties of 18 Pa. CS. Section 4904 relating to unsworn
falsification to authorities.
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,2004
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Diane R. Futsche:r, Defendant
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Jeffrey K, Futscher,
Civil Action - Law
Plaintiff
v.
F.R. 2004 - 5137
Diane R. Futscher,
Defendant
In Divorce a v.m.
NOTICE TO THE 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.
DEFENDANT'S AFFIDAVIT UNDER
SECTION 3301(d) OF THE
DIVORCE CODE
I. The parties to this action separated not later than May 12, 2004 and have continued to
live separate and apart 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 understand 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.
Section 4904 relating to unsworn falsification to authorities.
Date:
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Jeffrey K. Futscher,
Civil Action - Law
Plaintiff
v.
F.R. 2004 - 5137
Diane R. Futscher,
Defendant
In Divorce a v.m.
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 in the Office of
the Prothonotary at the Franklin County Courthouse, Chambersburg, Pennsylvania.
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.
Pennsylvania Bar Association
Lawyer Referral Service
Telephone: 1-800-692-7375 (PA ONLY)
or 717-238-6715
AMERICAN WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Franklin County is required by law to comply with the
Americans With Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before this 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.
..
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Jeffrey K. Futscher,
Civil Action - Law
Plaintiff
v.
F.R. 2004 - 5137
Diane R. Futscher.
Defendant
In Divorce a v.m.
ANSWER
NOW comes the Defendant, Diane R. Futscher. by her attorney. Barbara B. Townsend. and
answers the complaint as follows:
COUNT I
COMPLAINT UNDER 330 I lc) OR 330 I (d)
OF THE DIVORCE CODE
I. - 6.
Defendant neither admits nor denies the allegations as set forth in the original divorce
complaint in accordance with Pa.R.C.P. 1920.14.
COUNT"
ALIMONY/ALIMONY PENDENTE LITE
7.
The allegations of Paragraphs I through 6 above are incorporated herein by reference
thereto as if fully set forth herein.
8.
Defendant is without sufficient funds or estate or income to provide for her reasonable
needs and is unable to support herself through appropriate employment.
9.
Defendant requires reasonable support to adequately maintain herself in accordance with
the standard of living established during the marriage.
..
.
10.
Defendant requests the court to enter an award of reasonable temporary alimony until tinal
hearing and permanently thereafter.
COUNT III
EOUITABLE DISTRIBUTION OF MARITAL PROPERTY
II.
The allegations of Paragraphs I through 6 above are incorporated herein by reference thereto
as if fully set forth herein.
12.
Plaintiff and Defendant have acquired property, both real and personal, during their marriage.
13.
The parties have been unable to determine and equitably dispose of their respective rights and
interest in the said property,
14.
Defendant requests the Court to equitably divide, distribute and assign the said property of
the parties pursuant to the Divorce Code, awarding the Defendant just and equitable relief.
COUNT IV
COUNSEL FEES
15.
The Defendant incorporates paragraphs J though 6 of Plaintiffs complaint herein by
reference.
16.
Defendant is without sufficient means to meet the costs and expenses of litigation.
.
17.
Defendant requests the court to enter an award of attorneys fees,
.
I hereby verify that the facts set forth in the foregoing instrument are true and correct
to the best of my knowledge, information and belief, and that I make this verification subject
to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to Authority, as
authorized by the Judicial Code and Pennsylvania Rules of Civil Procedure.
Date:
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Jeffrey K. Futscher,
Civil Action - Law
Plaintiff
v.
F.R. 2004 - 5137
Diane R. Futscher,
Defendant
In Divorce a v.m.
AFFIDAVIT OF SERVICE
STATE OF PENNSYLVANIA
: SS
COUNTY OF FRANKLIN
Barbara B. Townsend, Esquire, being duly sworn according to law, deposes and says that
she served a true and correct copy of the Defendant's Answer and Defendant's Affidavit under
Section 330 I (d) of the Divorce Code upon Nathan C. Wolf, Attorney of record for Plaintiff, by
mailing the same to him at his last known address of 37 S Hanover Street, Ste. 20 I, Carlisle, PA
17013, regular mail on August 23, 2006 from the United States Post Office at Chambersburg.
Pennsylvania.
~Ii
Barbara B. Townsend
Sworn ~ SUbscrib~qre me 1_
this 01% day of ' 'f' ,20og:
,J-1. JLJ& iJJJUdJ
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Teressa D. Bard, Notary Public
Chsmbersb~ Bom, FranIdin County
My Commission Expires Feb. S, 20'08
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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
JEFFREY K. FUTSCHER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
DIANE R. FUTSCHER,
Defendant
: NO. 04 - 5137 CIVIL TERM
: IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this
matter on or about October 12, 2004.
2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety
days have elapsed from the date of filing and service of the complaint,
3. I consent to the entry of a final decree in divorce after service of notice of intention to
request entry of the divorce.
I verify that the statements made in this affidavit are true and correct, I understand that false
statements herein made are subject to the penahies of 18 Pa, C. S. Section 4904 relating to unsworn
. falsification to authorities.
February J I ,2007
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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
JEFFREY K. FUTSCHER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
DIANE R. FUTSCHER,
Defendant
: NO, 04 - 5137 CIVIL TERM
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
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.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
3, I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotaty.
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. Section 4904 relating to unsworn
falsification to authorities,
Date:
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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
JEFFREY K. FUTSCHER,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLANDCOUNTY,PENNSYLVAN~
: CIVIL ACTION - LAW
DIANE R, FUTSCHER,
Defendant
: NO, 04 - 5137 CIVIL TERM
: IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this
matter on or about October 12, 2004.
2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety
days have elapsed from the date of filing and service of the complaint.
3. I consent to the entry of a final decree in divorce after service of notice of intention to
request entry of the divorce,
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 unsworn
falsification to authorities.
February ~, 2007
Gu,~id,~
DIANE R. FUTSCHER
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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
JEFFREY K. FUTSCHER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CMLACTION - LAW
DIANE R, FUTSCHER,
Defendant
: NO. 04 - 5137 CML TERM
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
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.
2. I tmderstand 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 tmderstand that I will not be divorced tmtil 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 Prothonotaty,
I verify that the statements made in this affidavit are true and correct. I tmderstand that false
statements herein are made subject to the penalties of 18 Pa.CS, Section 4904 relating to unsworn
falsification to authorities,
Date: .;{"'d - rd,.()[)?
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DIANE R. FUTSCHER
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STACY B. WOLF, ESQUIRE
A1TORNEY ID NO. 88732
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 241-4436
A1TORNEY FOR PLAINTIFF
JEFFREY K. FUTSCHER,
Plaintiff
,
: IN THE COURT OF COMMON PLE4S OF
: CUMBERLAND COUNTY, PENNSYt' ANIA
v.
: CIVIL ACTION - LAW
DIANE R. FUTSCHER,
Defendant
: NO, 04 - 5137 CIVIL TERM
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Please transmit the record, together with the following information, to the court for enth of a divorce
decree: :
I
,
1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Di~o -ce Code.
,
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2. Date and manner of service of the complaint: On or about October 14, 20d4 defendant was
served with a copy of the divorce complaint via certified mail. (See Affidavit of Service previo~ y filed October
~~ I
3. Complete either paragraph (a) or (b): I
(a) Date of execution of consent required by Section 3301(c) of the Divot:t Code:
By the plaintiff: February 17,2007.
By the defendant: February 3,2007. I
(b) (1) Date of execution of the affidavit required by Section 3301(d) of the Ili orce Code:
WA 1
(b) (2) Date of filing and service of the plaintiff's affidavit upon the defendanr N/ A
4. Related claims pending: None
5. Complete either (a) or (b):
. . ;
(a) Date and manner of service of the notice of intention to file pra.eb e to transmit
record, a copy of which is attached: N/ A
(b) Date plaintiff's Waiver of Notice in Section 3301(c) divorce was filed wit
Prothonotary: February 21,2007. I
Date defendant's Waiver of Notice in Section 3301(c) Divorce was file~
Prothonotary: February 26, 2007.
March 5:2007
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STACYB. WOLF
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
ARE DIVORCED FROM THE BONDS OF MATRl MONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN TH IS ACTION FOR WH ICH A FI NAL ORDER HAS NOT
YET BEEN ENTERED;
STATE OF
Jeffrey K, Futscher
VERSUS
Diane R Futscher
if.
AND NOW,
AND
pove
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PENNA.
No.
2004
5137
DECREE IN
DIVORCE
M 2rLl 1
Jeffrey K. Futscher
2-007.. IT IS ORDERED AN D
, PLAI NTI FF,
, DEFENDANT,
J.
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PROTHONOTARY
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