HomeMy WebLinkAbout06-2784
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HAROLD S. IRWIN, III, ESQUIRE
ATTORNEY ID NO. 28820
84 SOUTH PITT STREET
CARLISLE PA 17013
(717) 243-6080
ATTORNEY FOR PLAINTIFF
Plaintiff
= IN THE COURT OF COMMON PLEAS OF
= CUMBERLAND COUNTY, PENNSYLVANIA
SEAN P. ARCE,
.
.
Y.
= CIVIL ACTION. LAW
= NO. 2006 .::l.784 CIVIL TERM
OESTRIE L. ARCE,
Defendant
= IN DIVORCE
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
Plaintiff
= IN THE COURT OF COMMON PLEAS OF
= CUMBERLAND COUNTY, PENNSYLVANIA
SEAN P. ARCE,
Y.
= CIVIL ACTION. LAW
= NO. 2006. :J-7Y'I CIVIL TERM
DESTRIE L. ARCE,
Defendant
= IN DIVORCE
COMPLAINT IN DIVORCE UNDER SECTION 3301(g
OF THE DIVORCE CODE
NOW, comes the plaintiff, by his attorney, Harold S. Irwin, III, Esquire, and files this
complaint in divorce against the defendant, representing as follows:
1. The plaintiff is SEAN P. ARCE, an adult individual residing at 130 Milky Way,
Shippensburg, Cumberland County, Pennsylvania 17257.
2. The defendant is DESTRIE L. ARCE, an adult individual residing at 4918
Paulson Drive, Fayetteville, Cumberland County, North Carolina 28304.
3. The plaintiff has 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 July 20, 1998 in Fayetteville, North Carolina.
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 he 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 two
parties.
I verify that the facts contained herein 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.
May 15, 2006
4..,A -
SEAN P. ARCE, laintiff
HAROLD S. IRWIN III
Attorney for Plainti
64 South Pitt Street
Carlisle, Pennsylvania 17013
(717) 243-6090
Supreme Court ID No. 29920
.
Plaintiff
= IN THE COURT OF COMMON PLEAS OF
= CUMBERLAND COUNTY, PENNSYLVANIA
SEAN P. ARCE,
.
.
Y.
= CIVIL ACTION. LAW
= NO. 2006 . _CIVIL TERM
DESTRIE L. ARCE,
=
Defendant
= IN DIVORCE
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. 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.
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.
May 15, 2006
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SEAN P. ARCE, Plaintiff
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Plaintiff
: IN THE COURT OF CO....ON PLEAS OF
: CU"BERLAND COUNTY, PENNSYLVANIA
SEAN P. DCE,
.
.
Y.
: CIVIL ACTION - LAW
: NO. 2008 - 2784 CIVIL TER"
DESTRIE L ARCE,
Defendant
: IN DIVORCE
AFFIDAVIT OF SERVICE OF COMPLAINT
PURSUANT TO PA. R.C.P. RULE NO. 1820.4 ~
NOW, Harold S. Irwin, III, Esquire, being duly sworn according 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 June :J-, 2006, by certified mail addressed to the defendant at 4918 Paulson Drive,
Fayetteville, NC 28304, certified mail No. 7004 1350 0003 7288 4592.
3. A copy of the sender's and return receipts are attached hereto.
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.
Harold S. Irwin, III
Attorney for plaintiff
June I ~ 2006
64 South Pitt Street
Carlisle, PA 17013
717 -243-6090
Supreme Court 10 No. 29920
.
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U.S. Postal Service!'"
CERTIFIED MAIL " RECEIPT
(Domestic Mall Only; No Insurance Coverage Pro..,ided)
~ OFFICIAL USE
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m 5 -30 I f>,b Postage $
t:J Certified Fee
t:J Postmark
t:J Return RlI!:IePt Fee H
(Endorsement Required) ere
t:J Re8lrlcled Delivery Fee
LI1 (Endorsement Required)
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r-'I Total Postage & Fees
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. Complete Items 1, 2, and 3. Also complete
Item 4 If RestrIcted Delivery Is desll8d.
. PrInt your name and address on the reverse
so that we can I'8tum the card to you.
'.. Mach this card to the back of the maJlp/ece,
01 on the front If space permits.
1. AftIcIe AddnIesed to:
DESTRIE L AIlCE
491 8 PAULSO-~ DR
FAYETTEVILL~ NC 28304
2. ArtIcle Nwnber
(1mnsfer /tom 8Inke If1beI)
PS Fonn 3811, February 2004
3.~~;,
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o IIl8l.I8d MIIII C C.O.D.
4. Restrlcted DeIIYeIy? (Elctra Fee)
7004 1350 B003 7288 4592
Yes
for MerchlIndr..
Domestic Retum Receipt lQ2595.02-M-l540
EXHIBIT "A"
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SEAN P. ARCE,
Plaintiff
= IN THE COURT OF COMMON PLEAS OF
= CUMBERLAND COUNTY, PENNSYLVANIA
Y.
= CIVIL ACTION. LAW
=NO.~.____CIVILTERM
DESTRIE L ARCE,
Defendant
= IN CUSTODY
COMPLAINT FOR CUSTODY
NOW, comes the plaintiff, by his attorney, Harold S. Irwin, III, Esquire, and files this complaint
for custody, representing as follows:
1. The plaintiff is SEAN P. ARCE, an adult individual residing at 130 Milky Way,
Shippensburg, Curnberland County, Pennsylvania 17257.
2. The defendant is DESTRIE L. ARCE, an adult individual residing at 4918 Paulson Drive,
Fayetteville, Cumberland County, North Carolina 28304.
3. The parties are the natural parents of two minor children, namely SIERRA L. ARCE
(born April 7, 2000) and MADISON ARCE (born April 11, 2002).
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4. The children were born during the marriage of the parties and resided with both parties
from the date of their birth until the parties' separation IN November, 2005. Since that time, they
have resided primarily with the Mother.
5. The plaintiff has not participated as a party, witness or in any other capacity in other
litigation concerning the custody of the children in this or another court.
6. The plaintiff has no information regarding any other custody proceeding conceming the
children pending in a court of this Commonwealth.
7. The 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.
8. The plaintiff believes and therefore avers that the best interests and permanent welfare
of the children require that the parties have joint legal custody of the children, that the defendant
have primary physical custody of the children and that the plaintiff have temporary physical
custody of the children in accordance with their mutual agreement hereinafter set forth.
9. Both parties, as evidenced by their joint execution of this complaint, have mutually
agreed upon an amicable arrangement for the legal, physical and temporary custody of the
children and request that the Court enter an order as provided below without the necessity of a
hearing:
A. The parties shall have joint legal custody of their minor children, SIERRA L.
ARCE (born April 7, 2000) and MADISON ARCE (born April 11, 2002). Joint legal
custody means both parents shall jointly share the right of control of their children and
shall share in making decisions of importance in the life of their children, including
educational, medical and religious decisions. Both parents shall be entitled to equal
access to the children's school, medical, dental and other important records.
Notwithstanding the foregoing, non-major decisions involving the children's day-to-day
living shall be made by the parent then having physical custody, consistent with the
other provisions of this Agreement and Order and the best interests of the children.
B. The Mother shall have primary physical custody of the children.
C. The Father shall have temporary physical custody of the children as follows:
1.) One weekend per month coinciding with his three day weekend, from
Friday evening until Sunday evening;
2.) On alternating holidays of New Year's Day, Easter weekend (from Friday
through Sunday), Memorial Day, July 4th, and Labor Day, beginning with
Memorial Day, 2006;
3.) Thanksgiving weekend on even years from Friday evening until Sunday
evening and on odd years from Wednesday Evening until Friday evening;
4.) Christmas on even years from December 26th through December 30th and
on odd years from December 24th through December 27th;
5.) For up to two non-consecutive weeks in the Summer with thirty days
notice to the Mother; and
6.) At such other times as the parties may mutually agree with two weeks
notice to the Mother.
D. The Father shall always have the children on Father's Day and the Mother shall
always have the children on Mother's Day.
E. The parties shall have reasonable telephone contact with the children while the
children are in the other's custody.
F. Exchanges of custody shall be at a mutually agreed upon hour and location
approximately one-half the distance between the residences of the parties.
G. The parties shall keep each other advised immediately relative to any
emergencies concerning the children and shall further take any necessary steps to
insure that the health, welfare and well being of the children is protected.
H. Father agrees to pay directly to Mother for the support of the children the sum of
$940.00 per month, payable $433.84 every two weeks, effective upon the execution of
this agreement by both parties. These payments shall be without a wage attachment.
However, if at any time Father becomes more than thirty (30) days in arrears, then
Mother shall have the option of registering this agreement and Order with the Domestic
Relations Office and requiring a wage attachment thereafter.
I. The parties shall do nothing that may estrange the children from the other parties
or hinder the natural development of the children's love or affection for the other parties.
J. In the event of the breach of this agreement by either party, the nonbreaching
party shall have the right to file a petition for contempt of court and to seek specific
performance of the terms of the agreement of the parties. All costs, expenses and
reasonable attorney fees incurred by the successful party in any litigation to obtain an
order of contempt or specific performance of this agreement shall be recoverable as part
of the judgment entered by the court.
K. Any modification or waiver of any of the provisions of the agreement of the
parties shall be effective only if made in writing and only if executed with the same
formality of the agreement of the parties.
L. The Court of Common Pleas of Cumberland County has jurisdiction over these
issues and shall retain such jurisdiction should circumstances change and any party
desire further or require further modification of said Order.
WHEREFORE, the plaintiff respectfully requests that the court enter an order providing for the
legal and physical custody of the children as aforesaid without the requirement of a custody
conciliation or hearing.
Ju ILD 2?., 2006
HAROLD S. IRWIN, III
Attorney for Plaintiff
..
'.4 .'
.
VERIFICATION AND
CONFIRMATION OF AGREEMENT
We do hereby verify that the acts set forth in this complaint are true and correct. We
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~
4904, relating to unsworn falsification to authorities. Furthermore, by the execution of this
Confirmation, we do each unequivocally express our mutual and voluntary agreement to the
amicable custody arrangement provided above and request that the terms thereof be entered as
an Order of Court without the necessity of a custody conciliation, hearing or other proceeding.
"'11..-7...
.2006
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Subscribed and Sworn to
Be me this Jf.t:!:...day
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Notary Pu U~
My CGmmIuIon EIJIIrel! -Jg -01
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COMMONWEALTH OF PENNSYLVANIA
:SS:
COUNTY OF CUMBERLAND
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PERSONALLY APPEARED BE~~ a notary public for Cumberland County,
Pennsylvania, this Z'1N1 day of !Sly, 2006, SEAN P. ARCE, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within
agreement, and acknowledged that he executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I have hereunto set y hand and official seal.
NOTARIAL SEAL
HAROLD S. IRWIN, III, NOTARY PUBUC
CARL!SLE BOROUGH, COUNTY OF CUMBERLAND
MY COMMISS!ON EXPIRES OCTOBER 22. 2006
STATE OF NORTH CAROLINA
COUNTY OF CUMBERLAND
.
.
:SS:
fS~~PPEARED B'r'\~~~ ME, a notary public for Cumberland County,
Flenl,ayl'."8RIQ, this ~ day O~006, DESTRIE L. ARCE, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within
agreement, and acknowledged that she executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
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Nota Public .
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HAROLD L IRWIN, III ESQ
ATTORNin' ID NO. 28820
.. SOUTH PITT STREET
CARLISLE PA 17013
(717) 24J.4OH
ATTORNEY FOR PLAlNnFF
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Plaintiff
:IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
SEAN P. ARCE,
Y.
: CIVIL ACTION - LAW
: NO. 2008 "~CIVIL TERM
DESTRIE L ARCE,
Defendant
: IN CUSTODY
ORDER OF COURT
AND NOW, this Z 1-' day of 1,,-. ,2006, upon presentation and consideration of the
within complaint and the stipulation and agreement incorporated therein, and upon agreement
of the parties, it is hereby ordered and decreed as follows:
A. The parties shall have joint legal custody of their minor children, SIERRA L.
ARGE (born April 7, 2000) and MADISON ARGE (born April 11, 2002). Joint legal
custody means both parents shall jointly share the right of control of their children and
shall share in making decisions of importance in the life of their children, including
educational, medical and religious decisions. Both parents shall be entitled to equal
access to the children's school, medical,. dental and other important records.
Notwithstanding the foregoing, non-major deci~jo~ jnvolving the children's day-to-day
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living shall be made by the parent then ha,.,~~ical custody, consistent with the
other provisions of this Agreement and Order atld4hEf..eest interests of the children,
B. The Mother shall have primary physical custody of the children.
G. The Father shall have temporary physical custody of the children as follows:
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1.) One weekend per month coincidinQ,;"ith his threeVBay weekend, from
Friday evening until Sunday eveningftJ :01 UV L2 f-lnr 900Z
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2.) On alternating holidays of New Year's Day, Easter weekend (from Friday
through Sunday), Memorial Day, July 4th, and Labor Day, beginning with
Memorial Day, 2006;
3.) Thanksgiving weekend on even years from Friday evening until Sunday
evening and on odd years from Wednesday Evening until Friday evening;
4.) Christmas on even years from December 26th through December 30th and
on odd years from December 24th through December 2ih;
5.) For up to two non-consecutive weeks in the Summer with thirty days
notice to the Mother; and
6.) At such other times as the parties may mutually agree with two weeks
notice to the Mother.
D. The Father shall always have the children on Father's Day and the Mother shall
always have the children on Mother's Day.
E. The parties shall have reasonable telephone contact with the children while the
children are in the other's custody.
F. Exchanges of custody shall be at a mutually agreed upon hour and location
approximately one-half the distance between the residences of the parties.
G. The parties shall keep each other advised immediately relative to any
emergencies concerning the children and shall further take any necessary steps to
insure that the health, welfare and well being of the children is protected.
H. Father agrees to pay directly to Mother for the support of the children the sum of
$940.00 per month, payable $433.84 every two weeks, effective upon the execution of
this agreement by both parties. These payments shall be without a wage attachment.
However, if at any time Father becomes more than thirty (30) days in arrears, then
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,
Mother shall have the option of registering this agreement and Order with the Domestic
Relations Office and requiring a wage attachment thereafter.
I. The parties shall do nothing that may estrange the children from the other parties
or hinder the natural development of the children's love or affection for the other parties.
J. In the event of the breach of this agreement by either party, the nonbreaching
party shall have the right to file a petition for contempt of court and to seek specific
performance of the tenns of the agreement of the parties. All costs, expenses and
reasonable attorney fees incurred by the successful party in any litigation to obtain an
order of contempt or specific performance of this agreement shall be recoverable as part
of the judgment entered by the court.
K. Any modification or waiver of any of the provisions of the agreement of the
parties shall be effective only if made in writing and only if executed with the same
fonnality of the agreement of the parties.
L. The Court of Common Pleas of Cumberland County has jurisdiction over these
issues and shall retain such jurisdiction should circumstances change and any party
desire further or require further modification of said Order.
BY THE COURT,
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
SEAN P. ARCE,
.
.
v.
: CIVIL ACTION. LAW
: NO. 2006 - 2784 CIVIL TERM
DESTRIE L. ARCE,
Defendant
: IN DIVORCE
AFFDAVIT OF CONSENT
1, A complaint in divorce under Section 3301 (c) of the Divorce Code was filed in this matter on or
about MaY 16, 2006. Service of the complaint was made by certified mail, return receipt
requested, restricted delivery, on June 9, 2006 (see affidavit of service filed on June 12, 2006).
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from
the date of the service of the amended 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.
September 8, 2006
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SEAN P. ARCE
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.
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 Prothonotary.
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.
September 8, 2006
.~44-
SEAN P. ARCE
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From: IRWIN LAW OFFICE
717 243 9200
09/07/2006 08:57 #CiS 9.0J2/002
Plaintiff
: IN YHE COURT Of' COMMON PLEAS OF
I CUM..RLAND COUNTY, PENNSYLVANIA
SEAN P. ARCE,
v.
: CIVIL ACTION - LAW
: NO. 2006 - 27" CIVIL TeRM
DESTRIE L. ARCE,
Defendant
I
: IN DIVORCE
AFFDAVIT OF CONSENT
1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed in this matter on or
about MaY 16. 2006. Service of the complaint was medo by certified mail. return receipt
requested, restricted delivery, on June 9,2006 (see affidavit of service filed on June 12, 2006).
2. The marriage of Rlalntiff and defendant is irretrievably broken and ninety days have elapsed from
the date of the service of the amended 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.
September 8, 2006
'~r1tn
o RIE L. ARC
WAIVE. OF NOTICI! OF INTI!NTION TO REQUI!$T
ENTRY OF A Dlva.cl! DI!C.I!I!
UND.. 8.CTlaN 3301lct OF TN. DlVa.c. CODE
1 . I consent to the entry of a final decree of divorce without notice.
2. I understand that I may los8 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 J 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 tne Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that false statements
herein are made subject to the penllJties of 18 PII.C.S. Section 4904 relating to unsworn falsification to
authorities.
September 8, 2006
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HAROLD S. IRWIN, III, ESQUIRE
ATTORNEY ID NO. 29920
64 SOUTH PITT STREET
CARLISLE PA 17013
(717) 243-6090
ATTORNEY FOR PLAINTIFF
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
SEAN P. ARCE,
v.
: CIVIL ACTION - LAW
: NO. 2006 - 2784 CIVIL TERM
DESTRIE L. ARCE,
Defendant
: 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 Section 3301 (c) of the Divorce Code.
2. Date and manner of service of the complaint: On or June 9, 2006, defendant was served with a
copy of the divorce complaint by U.S. Mail (see Affidavit of Service previously filed).
3. Complete either paragraph (a) or (b):
(a) Date of execution of consent required by Section 3301 (c) of the Divorce Code:
By the plaintiff: September 8, 2006
By the defendant: September 8, 2006
(b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code:
N/A.
(b)(2) Date of filing and service of the plaintiff's affidavit upon the defendant: 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 praecipe 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 with the
Prothonotary: September 14, 2006
Date defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the
Prothonotary: September 18, 2 06
HAROLD S. IRWIN, '"
Attorney for Plaintiff
September 18, 2006
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
SEAN P. ARCE
PENNA.
STATE OF
NO.2006 - 2784 CIVIL TERM
Plaintiff
VERSUS
DESTRIE L.
ARCE
Defendant
DECREE IN
DIVORCE
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,2. to r. , I TIS 0 R D ERE DAN D
AND NOW,
DECREED THAT
~'R~N P_ A'RCE
, PLAI NTI FF,
AND
DESTRIE L. ARCE
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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; NONE
.(j J
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