HomeMy WebLinkAbout01-3555
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
ROY E. WILLIAMS, JR.,
No.
2001-3555
Plaintiff,
VERSUS
YOLANA JO SHOCKEY,
Defendant.
DECREE IN
DIVORCE
AND NOW,
s~ 'Pi ( -76<:J.
2. L.-, 200 I , IT IS ORDERED AND
DECREED THAT Roy E. Williams, Jr.
, PLAINTIFF,
AND Yolana Jo Shockey
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRI 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;
None.
ATT
By THE COURT:
(I~
OTHONOTARY
J.
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Michael S. Travis
ID No. 77399
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717) 731-9502
In the Court of Common Pleas of Cumberland County,
Pennsylvania
YOLANA JO SHOCKEY,
Defendant.
)
)
)
)
)
)
No. 2001-3555
ROY E. WILLIAMS, JR.,
Plaintiff,
vs.
CIVIL TERM
IN DIVORCE
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 ~ 330l(d)(1) of the Divorce
Code.
2. Date and manner of service of the complaint: June 15 2001, Affidavit of Service
attached hereto. Note that the complaint incorrectly states the defendant's name in the caption.
Caption was corrected by amended complaint on June 27, 2001.
3. (a) Date of execution ofthe affidavit required by S 3301(d) of the Divorce Code:
by plaintiff July 20, 2001; (b) Date of filing and service of plaintiff s affidavit upon the
respondent: July 23, 2001(filed), July 25, 200 1 (served).
4. Related claims pending: No claims were raised by the complaint.
5. Date and manner of service ofthe notice of intention to file praecipe to transmit
record, a copy of which is attached: August 15,2001, US ail first class postage prepaid.
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
ROY E. WILLIAMS, JR.,
Plaintiff,
YOLANDA WILLIAMS,
Defendant.
)
)
)
)
)
)
No. 2001 - 3555"
CIVIL TERM
IN DIVORCE
vs.
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 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:
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 TIllS 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
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PAl 70 13
(717) 249-3166
In the Court of Common Pleas of Cumberland County,
Pennsylvania
ROY E. WILLIAMS, JR.,
Plaintiff,
)
)
)
)
)
)
;'
No. 2001 - 35/f!J
vs.
YOLANDA WILLIAMS,
Defendant.
CIVIL TERM
IN DIVORCE
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITIllN-NAMED DEFENDANT:
You have been named as the Defendant in a Complaint in divorce proceeding filed in the
Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance
with Section 3302(d) of the Divorce Code, you may request that the court require you and your
spouse to attend marriage counseling prior to a divorce being handed down by the court. A list
of professional marriage counselors is available at the Domestic Relations Office, 13 North
Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to
you and you are not bound to choose a counselor from this list. All necessary arrangements and
the cost of counseling sessions are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your request for counseling within
twenty days of the date on which you receive this notice. Failure to do so will constitute a
waiver of your right to request counseling.
Michael S. Travis
ID No. 77399
4076 Market Street, Suite 209
Camp Hill, P A 17011
(717) 731-9502
In the Court of Common Pleas of Cumberland County,
Pennsylvania
ROY E. WILLIAMS, JR.,
Plaintiff,
)
)
)
)
)
)
~ /
No. 2001- 355,1
vs.
YOLANDA WILLIAMS,
Defendant.
CIVIL TERM
IN DIVORCE
COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR
3301(d) OF THE DIVORCE CODE IN DIVORCE
Plaintiff, by his attorney Michael S. Travis, respectfully represents:
1. Plaintiff is Roy E. Williams, Jr., who resides at 716 State Street, Lemoyne,
Cumberland County, Pennsylvania, 17043, since October 15, 2000.
2. Defendant is Yolanda Williams, who resides at 1406 S. Mattis Avenue,
Champaign, Champaign County, Illinois, 61821, for an unknown period of time.
3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania
for at least six months immediately previous to the filing of this Complaint.
4. The plaintiff and defendant were married on April 12, 1998, in the Country of
Broward, Florida.
5. There have been no prior actions of divorce or annulment between the parties in
this or any other jurisdiction.
6. The marriage is irretrievably broken.
7. The parties have been living separate and apart. At a subsequent time, plaintiff
may submit an Affidavit that the parties have lived separate and apart for at least two (2) years.
8. 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.
9. Neither plaintiff nor defendant are in the Military Service in the United States
Armed Services. Neither plaintiff nor defendant are within the provisions of the Soldiers' and
Sailors' Relief Act of Congress of 1940 and its amendments.
10. Plaintiff requests the court to enter a decree of divorce.
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. S 4904, relating to
unsworn falsification to authorities.
Date:
C,/O~{Oi
:?;~i~~~~ ~.
Plaintiff
ael S. Travis
Attorney for Plaintiff
J.D. # 77399
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717) 731-9502
Fax 731-9511
.
In the Court of Common Pleas of Cumberland County,
Pennsylvania
ROY E. WILLIAMS, JR.,
Plaintiff,
YOLANA JO SHOCKEY,
Defendant.
)
)
)
)
)
)
No. 2001-3555
VS.
CIVIL TERM
IN DIVORCE
NOTICE OF INTENTION TO REQUEST ENTRY
OF S 3301(d) DIVORCE DECREE
TO: Y olana Jo Shockey
1406 Mattis Avenue
Champaign, IL 61821
You have been sued in an action for divorce. You have failed to answer the complaint or
file a counter-affidavit to the S 3301(d) affidavit. Therefore, on or after September 5, 2001, 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 ofthe 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 ofthe form counter-affidavit alone does not protect
your economic claims.
YOU SHOULD TAKE TIDSPAPER TO YOUR LAWYER AT ONCE. IFYOU
DO NOT HA VE A LA WYER 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
Cumberland County Bar Association
2 Liberty A venue
Carlisle, PAl 7013
(717) 249-3166
) ,
In the Court of Common Pleas of Cumberland County,
Pennsylvania
ROY E. WILLIAMS, JR.,
Plaintiff,
YOLANA JO SHOCKEY,
Defendant.
)
)
)
)
)
)
No. 2001-3555
CIVD... TERM
IN DIVORCE
VS.
COUNTER-AFFIDAVIT UNDER 9 3301(d)
OF THE DIVORCE CODE
I. Check either (a) or (b):
D (a) I do not oppose the entry of a divorce decree.
D (b) I oppose the entry ofa divorce decree because (check (i), (ii) or both):
o (i) The parties to this action have not lived separate and apart for a period of
at least two years.
o (ii) The marriage is not irretrievably broken.
2. Check either (a) or (b):
D (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! do not
claim them before a divorce is granted.
D (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 in writing 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 delay.
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. 94904
relating to unsworn falsification to authorities.
Date:
Y olana Jo Shockey, Defendant
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 TIDS COUNTER-AFFIDAVIT.
, ,
.
..
..
In the Court of Common Pleas of Cumberland County,
Pennsylvania
ROY E. WILLIAMS, JR.,
Plaintiff,
YOLANA JO SHOCKEY,
Defendant.
)
)
)
)
)
)
No. 2001-3555
CIVIL TERM
IN DIVORCE
vs.
CERTIFICATE OF SERVICE
I, Michael S. Travis, certify that a true and correct copy of the Notice of Intention to
Request Entry of Section 3301(d) Divorce Decree together with Counter-Affidavit Under
Section 3301(d) of the Divorce Code was served upon the Defendant on August 15,2001, by
first class mail, postage prepaid, on the following person, addressed as follows:
Yolana Jo Shockey
1406 Mattis Avenue
Champaign, IL 61821
Dated: f,./p.,-()I
.
. ca. Travis
ID No. 77399
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717)731-9502
Pax 731-9511
Attorney for Plaintiff
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
ROY E. WILLIAMS, JR.,
Plaintiff,
YOLANA JO SHOCKEY,
Defendant.
)
)
)
)
)
)
No. 2001-3555
CIVIL TERM
IN DIVORCE
VS.
COUNTER-AFFIDAVIT UNDER ~ 3301(d)
OF THE DIVORCE CODE
1. Check either (a) or (b):
D (a) I do not oppose the entry of a divorce decree.
D (b) I oppose the entry of a divorce decree because (check (i), (ii) or both):
o (i) The parties to this action have not lived separate and apart for a period of
at least two years.
o (ii) The marriage is not irretrievably broken.
2. Check either (a) or (b):
D (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! do not
claim them before a divorce is granted.
D (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 in writing and serve them on the other party. If! 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 delay.
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. 94904
relating to unsworn falsification to authorities.
Date:
Y olana Jo Shockey, Defendant
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 TillS COUNTER-AFFIDAVIT.
, .-
.
In the Court of Common Pleas of Cumberland County,
Pennsylvania
YOLANA JO SHOCKEY,
Defendant.
)
)
)
)
)
)
No. 2001-3555
ROY E. WILLIAMS, JR.,
Plaintiff,
vs.
CIVIL TERM
IN DIVORCE
CERTIFICATE OF SERVICE
I, Michael S. Travis, certify that a true and correct copy ofthe Plaintiffs Affidavit Under
Section 3301(d) of the Divorce Code together with Counter-Affidavit Under Section 3301(d) of
the Divorce Code was served upon the Defendant on August 15,2001, by first class mail,
postage prepaid, on the following person, addressed as follows:
Yolana Jo Shockey
1406 Mattis Avenue
Champaign, IL 61821
Dated: '1-jp,. tJ /
. hae S. ravis
ill No. 77399
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717)731-9502
Fax 731-9511
Attorney for Plaintiff
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
ROY E. WILLIAMS, JR.,
Plaintiff,
)
)
)
)
)
)
No. 2001-3555
CIVIL TERM
IN DIVORCE
vs.
YOLANA JO SHOCKEY,
Defendant.
AFFIDAVIT OF SERVICE
I, Michael S. Travis, attorney for Plaintiff, in the above captioned action for divorce,
hereby state that a conformed and certified copy of the Complaint in Divorce was served upon
the Defendant by Certified Mail No. 7000 1670000089540212, return receipt requested, by
depositing the same in the United States mail on June 8, 2001, pursuant to Rule 1920.4 of the
Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As
indicated by the green return receipt card attached hereto, the Complaint was received by the
Defendant on June 15,2001.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn
falsification to authorities.
clia . ravis
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717) 731-9502
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item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
.. A\tach this card to the back of the mail piece,
or on the front if space permits.
Article Addressed to:
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Postage & Fees Paid
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UNITED STATES POSTAL SERVICE
· Sender: Please,prJnl~ame, addreS8~ and ZIP+4 in this box ·
Michael S. Travis
Attorney at Law
4076 Market Street, Suite 209
Camp Hill, PA 17011
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
ROY E. WILLIAMS, JR.,
Plaintiff,
YOLANA JO SHOCKEY,
Defendant.
)
)
)
)
)
)
No. 2001- 3555
CIVIL TERM
IN DIVORCE
VS.
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 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:
Office of the Prothonotary
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LA WYER'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.
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
In the Court of Common Pleas of Cumberland County,
Pennsylvania
ROY E. WILLIAMS, JR.,
Plaintiff,
YOLANA JO SHOCKEY,
Defendant.
)
)
)
)
)
)
No. 2001 - 3555
CIVIL TERM
IN DIVORCE
vs.
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITHIN-NAMED DEFENDANT:
You have been named as the Defendant in a Complaint in divorce proceeding filed in the
Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance
with Section 3302(d) ofthe Divorce Code, you may request that the court require you and your
spouse to attend marriage counseling prior to a divorce being handed down by the court. A list
of professional marriage counselors is available at the Domestic Relations Office, 13 North
Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to
you and you are not bound to choose a counselor from this list. All necessary arrangements and
the cost of counseling sessions are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your request for counseling within
twenty days of the date on which you receive this notice. Failure to do so will constitute a
waiver of your right to request counseling.
Michael S. Travis
ID No. 77399
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717) 731-9502
In the Court of Common Pleas of Cumberland County,
Pennsylvania
YOLANA JO SHOCKEY,
Defendant.
)
)
)
)
)
)
No. 2001- 3555
CIVIL TERM
IN DIVORCE
ROY E. WILLIAMS, JR.,
Plaintiff,
vs.
AMENDED
COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR
3301(d) OF THE DIVORCE CODE IN DIVORCE
AMENDED TO CORRECT CAPTION AND DATE OF MARRIAGE
Plaintiff, by his attorney Michael S. Travis, respectfully represents:
Paragraphs 1 - 10 of the original complaint are incorporated by reference herein.
11. Plaintiff is Roy E. Williams, Jr., who resides at 716 State Street, Lemoyne
Cumberland County, Pennsylvania, 17043, since October 15,2000.
12. Defendant is Yolana Jo Shockey, who resides at 1406 Mattis Avenue,
Champaign, Champaign County, Illinois, 61821, since April 1999.
13. The caption of the original divorce complaint incorrectly states that the name of
the Defendant is Yolanda Williams. The correct spelling of the defendant's name is Yolana Jo
Shockey. Defendant did not take the plaintiff's name when they married
14. Plaintiff requests that the caption be amended to indicate the correct spelling of
defendant's name.
15. The parties were married September 6, 1998, in the County of Broward, Florida,
not April 12, 1998 as originally stated in plaintiff's complaint.
16. Plaintiff requests the court to enter a decree of divorce.
I verify that the statements made in this Amended Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904,
relating to unsworn falsification to authorities.
Date:
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Roy E. Williams, Jr.,
Plaintiff
q
ichael S. Travis
Attorney for Plaintiff
J.D. # 77399
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717) 731-9502
Pax 731-9511
In the Court of Common Pleas of Cumberland County,
Pennsylvania
ROY E. WILLIAMS, JR.,
Plaintiff,
)
)
)
)
)
)
No. 2001- 3555
CIVIL TERM
IN DIVORCE
vs.
YOLANA JO SHOCKEY,
Defendant.
CERTIFICATE OF SERVICE
I, Michael S. Travis, certify that I have this day served a true and correct copy of the
foregoing document by first class mail, postage prepaid, on the following person, addressed as
follows:
Yolana Jo Shockey
1406 Mattis Avenue
Champaign, IL 61821
Dated: t/ -~?-O /
BY~
/ . ae1 S. Travis
ID No. 77399
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717)731-9502
Fax 731-9511
Attorney for Plaintiff
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
ROY E. WILLIAMS, JR.,
Plaintiff,
)
)
)
)
)
)
No. 2001-3555
CIVIL TERM
IN DIVORCE
vs.
YOLAN' A JO SHOCKEY,
Defendant.
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
1. The parties to this action separated on or before October, 1998, 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! do not claim them before a divorce is granted.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn
falsification to authorities.
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MICHAEL S. TRAVIS
ATTORNEY AT LAW
4076 MARKET STREET, SUITE 209
CAMP HILL, PA 17011
TELEPHONE (717) 731-9502
FAX (717) 731-9511
September 19,2001
HAND DELIVERED
Curtis R. Long
Prothonotary
One Courthouse Square
Carlisle, P A 17013
RE: Roy Williams, Jr. v. Yolana Shockey, No. 2001-3555, In Divorce
Dear Mr. Long:
Enclosed please fmd the plaintiff's Amended Certificate of Service for plaintiff's
Affidavit Under Section 3301(d) of the divorce code with correct date of service upon defendant.
The date of service was incorrectly stated on the original Certificate of Service but correctly
stated on the Praecipe to Transmit Record. Kindly have the Court enter the divorce decree.
Please contact me should you have any questions or concerns.
s,
MST/hm
Encl.: Certificate of Service
pc: PlaintifflDefendant
In the Court of Common Pleas of Cumberland County,
Pennsylvania
ROY E. WILLIAMS, JR.,
Plaintiff,
)
)
)
)
)
)
No. 2001-3555
CIVIL TERM
IN DIVORCE
vs.
YOLANA JO SHOCKEY,
Defendant.
AMENDED CERTIFICATE OF SERVICE
I, Michael S. Travis, certify that a true and correct copy ofthe Plaintiffs Affidavit Under
Section 3301(d) of the Divorce Code together with Counter-Affidavit Under Section 3301(d) of
the Divorce Code was served upon the Defendant on July 25,2001, by first class mail, postage
prepaid, on the following person, addressed as follows:
Yolana Jo Shockey
1406 Mattis Avenue
Champaign, IL 61821
Dated: :9- / f.- t/ /
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ill No. 77399
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717)731-9502
Fax 731-9511
Attorney for Plaintiff
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
YOLAN A JO SHOCKEY,
Defendant.
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No. 2001-3555
ROY E. WILLIAMS, JR.,
Plaintiff,
vs.
CIVIL TERM
IN DIVORCE
NOTICE
If you wish to deny any of the statements set forth in this affidavit, you must file a
counter-affidavit vv'ithin 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
1. The parties to this action separated on or before October, 1998, 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 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.
Date: '71 ~ iP-/
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Roy lliams, Jr., P amV
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
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ROY E. WILLIAMS, JR.,
Plaintiff,
VS.
No. 2001-3555
CIVIL TERM
IN DIVORCE
YOLANA JO SHOCKEY,
Defendant.
COUNTER-AFFIDAVIT UNDER 9 3301(d)
OF THE DIVORCE CODE
1. Check either (a) or (b):
D (a) I do not oppose the entry of a divorce decree.
D (b) I oppose the entry of a divorce decree because (check (i), (ii) or both):
o (i) The parties to this action have not lived separate and apart for a period of
at least two years.
o (ii) The marriage is not irretrievably broken.
2. Check either (a) or (b):
D (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.
D (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 in writing 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 delay.
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. 9 4904
relating to unsworn falsification to authorities.
Date:
Yolana Jo Shockey, Defendant
NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE
DECREE AND YOU DO NOT WISH TO MAKE ANY CL.AIM: FOR ECONOMIC
RELIEF, YOU SHOULD NOT FILE TIDS COUNTER-AFFIDAVIT.
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Michael S. Travis
ID No. 77399
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717) 731-9502
In the Court of Common Pleas of Cumberland County,
Pennsylvania
ROY E. WILLIAMS, JR.,
Plaintiff,
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No. 2001-3555
vs.
YOLANA JO SHOCKEY,
Defendant.
CIVIL TERM
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry of a
divorce decree:
Code.
1. Ground for divorce: irretrievable breakdown under 9 3301(d)(1) of the Divorce
2. Date and manner of service ofthe complaint: June 15 2001, Affidavit of Service
attached hereto. Note that the complaint incorrectly states the defendant's name in the caption.
Caption was corrected by amended complaint on June 27, 2001.
3. (a) Date of execution of the affidavit required by S 330l(d) of the Divorce Code:
by plaintiff July 20,2001; (b) Date of filing and service ofplaintifrs affidavit upon the
respondent: July 23, 2001(filed), July 25, 200l(served).
4. Related claims pending: No claims were raised by the complaint.
5. Date and manner of service of the notice of intention to file praecipe to transmit
record, a copy of which is attached: August 15,2001, US Mail first class postage prepaid.
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ROY E. WILLIAMS, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
YOLANA JO SHOCKEY, :
Defendant
NO. 01-3555 CIVIL TERM
ORDER OF COURT
AND NOW, this 17th day of September, 2001, upon consideration of Plaintiff's
Praecipe To Transmit Record, and the certificate of service of Plaintiff's Affidavit under
Section 3301(d) of the Divorce Code indicating that Plaintiff's affidavit was served at the
same time as Plaintiff's Notice of Intention To Request Entry of ~3301(d) Divorce
Decree, in contravention of the holding in Burdick v. Burdick, 41 Cumberland LJ. 64
(1991) (Bayley, J.), a divorce decree will not be entered at this time, without prejudice to
the parties' rights to correct the deficiency and file a new praecipe to transmit. 1
BY THE COURT,
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Michael S. Travis, Esq.
4076 Market Street
Suite 209
Camp Hill, PA 17011
Attorney for Plaintiff
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1 The praecipe to transmit indicates that a correct sequence of service was followed, and it may be that an
amended certificate of service is all that will be necessary to correct the deficiency.