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. ..MELISSA D.WAW\CE
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF '*' PENNA.
...Plaintiff
II[
N o. ..9.~::~l~U:;[v:g"",~, 19
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VcrSlI:i
Defendant
DECREE IN
DIVORCE
AND NOW, . . . M ;1,1, , .I. \ , . . , . . , , , , . . " 19.. 9:;, '. it i. ordered and
decreed that.., ,~H';Ilili;\, (>" W~H~~~, " .. " ,," . , " " ,," " , , '" plaintiff.
and. " . , , , , . ., , , ~a,i9. 'A., ,~~l.I,~c:e; , . . ". , . , . . . , , . . , , , ., . . . . , ., defendant,
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claim. wh'ich have
been railed ot record in this action tor which a final order hal not yet
been entered;
None
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PRABCIPB TO TRANSMIT RBCORD
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(d) (1) of. the Divorce Code.
2. Date and manner of service of the Complaint:
Service by Certified Mail, Deliver to Addressee only, Return
Receipt Requested, on November 2, 1994.
3. Complete either Paragraph (a) or (b):
(b) (1) Date of execution of the Plaintiff's
Affidavit required by Section 3301(d) of the
Divorce Code: March 17, 1995.
(2) Date of service of the Plaintiff's
Affidavit upon the Defendant: March 17, 1995
(Regular Mail); March 17, 1995 (Certified
Mail, Return Receipt signed by Defendant on
March 20, 1995 is attached to this
Praecipe).
4. Related claims pending: None.
5. Date and manner of service of the Notice of Intention
to File Praecipe to Transmit Record, a copy of which is attached,
if the decree is to be entered under Section 3301(d) (I) (i) of the
Divorce Code: Notice of Intention to Request Entry of Divorce
Decree under Pa.R.C.P. 1920.73(a) (2) and the Counter-Affidavit
form required pursuant to Pa.R.C.P. 1920.42(c)(2) were served on
.
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the Detendant via Regular Mail on March 17, 1995 and via
certitied Mail on March 17, 1995 (Return Receipt signed by
Detendant on March 20, 1995). Additionally, Jerry W. Brown,
Esq., had represented Defendant in other related matters,
however, he has not entered his appearance ot record in the
divorce action. Copies ot all documents and the cover letter to
Detendant were similarly served on Attornay Brown by regular mail
dated March 17, 1995.
LANDIS, BLACK' SCHORPP
Date:~~~ ~ /,.~
By: ~~~
Edward L. Schorpp, Esq.
Attorney tor Plaintift
36 South Hanover Street
Carlisle, PA 17013-3328
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V,W OPFlCU
LANDIS BLACK e SCHORPP
COpy
36 SOUTH HANOVIR STRUT
CARLISLE, PENNSYLVANIA ITOl3
ROIlIlT R,IIJICK
IDW^RD ~,ICHOR"
). 10YD IJINDI3
119)4.1""1
TlUPHONI 17171 ~43.3Tl7
JOSIPH /, lItlN'l'l>>H
t1NO"l9721
March 17, 15195
VIA REGULAR AND CERTIFIED MAIL
Mr. ~raiq A. Wallace
25 Hiqh street
P.O. Box 14
Boilinq Springs, PA 17007
U I Di vorae
Dear Mr. Wallace:
I am herewith serving upon you Affidavit, Counter-affidavit
and Notice of Intention to Request Entry of Divorce Decree as
required under the Pennsylvania Divorce Law. Shoulo you have any
questions concerning these documents, you should contact your
attorney.
Very truly yours,
Edward L. Scho~p
ILS: skq
Encloaures
CCI Jerry W. Brown, Esq.
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MlLISSA D. WALLACE, : IN THE COURT or COMMON PLEAS
plaintiff I OF CUMBERLAND COUNTY,
I PENNSYLVANIA
v. .
.
. CIVIL ACTION - LAW
.
JCRAIG A. WALLACE, . 94-6184 CIVIL TERM
.
Defendant . IN DIVORCE
.
IIOlfIC. 0' 11lT.IlTIO. TO UgU.81f .nay 0'
DlVOaC. D.CU.
TO: Kraig A. Wallace
You have been eued in an action for divorce. You have
failed to anewer the complaint or file a counter-affidavit to the
Plaintiff'e affidavit. Therefore, on or aft.r April 6, 1995, the
Plaintiff can request the Court to enter a final decree in
divorce.
If you do not file with the Prothonotary of the Court an
anewer with your signature notarized or verified or a counter-
affidavit by the above date, the Court can enter a final decree
in divorce. 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 loee forever
the right to ask for economic relief. A COUNTER-AFFIDAVIT WHICH
YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO
THIS NOTICE.
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.
Court Administrator's
Fourth Floor
Cumberland County Courthouse
CarliSle, Pennsylvania 17013
Telephone: (717) 240-6200
.
MELISSA D. WALLACE, IN THE CO~RT OF COMMON PLEAS
plaintiff OF CUMBERLAND COUNTY,
. PENNSYLVANIA
.
v.
CIVIL ACTION - LAW
ICRAIG A. WALLACE, 94-6184 CIVIL TERM
Defendant IN DIVORCE
COONTI.-ArFIOAVIT
UNOI. SICTION 3301(4)
OF THI OIVORCI COOl
1. Check either (a) or (b):
(a) I do not oppose the entry of a divorce decree.
(b) I oppose the entry of a divorce decree because
(Check (i), (H) or both):
(i) The parties to tnis action have not lived
separate and apart for a period of at least two years.
(ii) The marriage is not irretrievably broken.
2. Check either (a) or (b):
(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.
(b) I wish to claim economic relief which may include
alimony, division of property, lawyer's fees or expenses or
other important rights.
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. S 4904 relating
to unsworn falsification to authorities.
Date:
~raig A. Wallace
.
IOTIOI. If you do not wish to oppose the entry of a divoroe
decree and you do not wish to make any claim for economic relief,
you need not file this counter-affidavit.
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JIIlLI.88A D, WALLACB, I IN THB COURT or COMMON PLIWI
plaintiff I or CUMBBRLAND COUNTY,
I PBNNSYLVANIA
v. .
.
CIVI~ ACTION - LAW
DAIG A. WALLACB, I 94- / fr~ CIVIL TERM
Defendant IN DIVOR B
NOTICE TO DEPEND AND CUlM RIGHTS
You have been .ued in Court. If you wish to defend against
the claims aet forth in the following pages, you must take prompt
action. You are warned that if you fail to do .0, 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
againat you for any other claim or relief reque.ted in the.e
papers by the Plaintiff. You may lose money or property or other
rights important to you, including custody or visitation with
your children.
When the ground for divorce i. indignities or irretrievable
breakdown of the marriage, you may request marriage counseling.
A list of marriage coun.elors is available in the Office of tha
Prothonotary, First Floor, Cumberland County Court Hous.,
carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION or
PROPERTY, LAWYER'S FEES OR EXPENSES BF-FORE 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.
Court Administrator
Fourth Floor
Cumberland County Court Hou.e
CarliSI., Pennsylvania 17013
Telephone: (717) 240-6200.
IUlLISSA D, WALLACE, I IN THE COURT or COMMON PLEAS
Plaintiff I or CUMBERLAND COUNTY,
I PENNSYLVANIA
v. I
I CIVIL A~ION - LAW
ICRAIG A. WALLACE, I 94~ ~ 18 CIVIL TERM
Defendant IN DIVORCE
COIl.r.aIIlT III DIVO.C.
COUll'l' I
DIVOaC.
1. plaintiff is Melis.a D. Wallace, who currently resides
at 329 "r" street, Carlisle, Cumberland County Pennsylvania
17013, since January, 1993.
2. Def.ndant is Kraig A. Wallace, who currently resides at
25 High street, P.O. Box 14, Boiling Spring., Cumberland County,
Pennsylvania 17007, since May, 1990.
3. Plaintiff and Defendant have been bona fide residents
in the Commonwealth for at least .ix month. immediately previous
to the filing of this Complaint.
4. Plaintiff and Defendant were married on May 27, 1989,
in Mount Holly Spring., Cumberland County, Pennsylvania.
5. There have been no prior action. of divorce or for
annulment between the partie..
6. The marriage is irretrievably broken.
7. Plaintiff has been advi.ed that counseling is available
and that Plaintiff may have the right to request that the Court
require the parti.s to participate in counseling.
8. Plaintiff requeat. the Court to .nter a Decree of
Divorce.
WHEREFORE, Plaintiff requests Your Honorable Court to enter
s decree 1n divorce divorcing Plaintiff and Defendant absolutely.
COUll'l' II
.QUITAlLI DI8TaIaUTIO.
9. The allegations in Paragraphs 1 through 8 are
incorporated herein and made a part hereof.
10. Plaintiff and Defendant have legally and beneficially
acquired property, both real and personal, during their marriage
since May 27, 1989, until the date of their separation in
January, 1993.
11. Plaintiff and Defendant have legally acquired certain
debt during their marriage.
12. Plaintiff and Defendant have been unable to agree as to
the equitable division of said property and the equitable
division of said debt to the date of filing of this Complaint.
WHEREFORE, Plaintiff requests your Honorable Court to
equitably divide all marital property.
LANDIS, BLACK' SCHORPP
Date I ,/t::>-;lti"-9'tt;I'
By:~~q
Edward L. Schorpp, squire
Attorney for Plaintiff
36 South Hanover Street
Carlisle, PA 17013
(717) 243-3727
2
.
VIlRI~ICA'1'ION
I verify that the state.ents made in this complaint are
true and correct. I understand that false state.ents herein are
..de subject to the penalties of 18 Pa.C.S.A. 14904, relating to
unsworn falsification to authorities.
14Z j~ j~,- J !J.j //IU,-
~iissa D. Wallace
Dated:
(){I:I a27, IN)
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MELISSA D. WALLACE, : IN THE COURT OF COMMON PLEAS
plaintiff . OF CUMBERLAND COUNTY,
.
. PENNSYLVANIA
.
v. .
.
CIVIL ACTION - LAW
lCRAIG A. WALLACE, : 94-6184 CIVIL TERM
Defendant : IN DIVORCE
Ar.~DAVI'1' OP 8BRVIC.
COMMONWEALTH OF PENNSYLVANIA )
: ss.
COUNTY OF CUMBERLAND
AND NOW, this
)
~.PY day of ~~;....~
,
1994, I, Edward L. Schorpp, Esquire, attorney for Melissa D.
Wallace, Plaintiff in the above-captioned action, hereby swear
that I have served a true copy of the Complaint in Divorce in the
above-captioned matter, with Notice to Defend and Claim Rights,
upon Kraig A. Wallace, the Defendant, at P.O. Box 14, 25 High
street, Boiling Springs, Cumberland County, pennsylvania 17007,
by depositing same in the U. S. Mail, postage prepaid, certified,
deliver to addressee only, return receipt requested. A copy of
the return receipt card signed by the Defendant on November 2,
1994, indicating service was effected, is marked Exhibit "A,"
attached hereto and made a part hereof.
LANDIS, BLACK , SCHORPP
By
~~~:::--
Edward L. Schorpp, Esquire
Attorneys for plaintiff
SW4~ and sUbscrib,d to ~efor~
day of l. &-Lt, , L L '\. 'l
c~ ~(
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NOtary PUbl ic ~ ')
me this
, 1994
tI)lNllAl SEAL
SUSAN II GUWI. Notary Pu~lIc
Callis", Cumberlano County
My CommlS~lOn (xpl11S Slpt 4, 199~
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MELISSA D. WALLACE, : IN THE COURT or COMMON PLEAS
plaintiff : or CUMBERLAND COUNTY,
: PENNSYLVANIA
v. :
CIVIL ACTION - LAW
ICRAIG A. WALLACE, 94-6184 CIVIL TERM
Defendant IN DIVORCE
IIOTIC.
If you wish to deny any of the statements set forth in this
affidavit, you must file a counter-affidavit within twenty day.
after this affidavit has been served on you or the .tatements
will be admitted.
UPIDAVIT UllDIR
IICTIO. 3301(4) or TB.
DIVORC. COD.
1. The parties to this action separated on January 31,
1993, 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 prope1ty, 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. 1 4904 relating to unsworn
falsification to authorities.
Date:
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IN THB COURT or COMMON PLBAS or
CUMBBRLANDCOUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
MBLISSA D. WALLACE,
Plaintiff
ItRAIG A, WALLACB,
Defendant
NO. 94-6184 CIVIL TERM
ORDER OF COURT
AND NOW, this I~~day of April, 1995, upon coneideration of
Plaintiff'e praecipe to tran.mit record, and it appearing that
Plaintiff's affidavit under Section 330l(d) of the Divorce Code and
Notice of Intention To File Praecipe To Transmit Record were .erved
upon Defendant at the same time, contrary to the requirement of
Burdick v. Burdick, 41 Cumberland L.J. 64 (1991), a divorce decree
will not be entered at this time, without prejudice to Plaintiff'e
right to re-serve the Notice of Intention and submit a new
praecipe.
BY TlIE COURT,
J.
Bdward L. Schorpp, Eeq. .
36 S. Hanover Street I!~ ~ fUl.44~1
Carliele, pa 17013 ~ ,} I
AttQrney for Plaintiff "/"/fr #,.,...
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'RABel'. TO TRANSKIT RBCORD
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(d) (1) of the Divorce Code.
2. Date and manner of service of the Complaint:
Service by Certified Mail, Deliver to Addressee Only, Return
Receipt Requested, on November 2, 1994.
3. Complete either Paragraph (a) or (b):
(b) (1) Date of execution of the Plaintiff's
Affidavit required by Section 3301(d) of the
Divorce Code: March 17, 1995.
(2) Date of service of the Plaintiff's
Affidavit upon the Defendant: March 17, 1995
(Regular Mail); March 17, 1995 (Certified
Mail, Return Receipt signed by Defendant on
March 20, 1995 is attached to the Praecipe to
Transmit Record previously filed in this
matter on April 7, 1995).
4. Related claims pending: None.
5. Date and manner of service of the Notice of Intention
to File Praecipe to Transmit Record, a copy of which is attached,
if the decree is to be entered under Section 3301(d) (l)(i) of the
Divorce Code: Notice of Intention to Request Entry of Divorce
Decree under Pa.R.C.P. 1920.73(a) (2) and the Counter-Affidavit
form required pursuant to Pa.R.C.P. 1920.42(c)(2) were served on
the Defendant via Regular Mail on March 17, 1995 and via
Certified Mail on March 17, 1995 (Return Receipt signed by
Defendant on March 20, 1995 was attached to the Praecipe to
Transmit Record previously filed on April 7, 1995).
Additionally, Jerry W. Brown, Esq., has represented Defendant in
other related matters, however, he has not entered his appearance
of reoord in the divoroe aotion. Copies of all documents and the
cover letter to Defendant were similarly served on Attorney Brown
by regular mail dated March 17, 1995.
Pursuant to Order of Court dated April 17, 1995, Counsel for
plaintiff re-served the Notice of Intention and Counter-Affidavit
via regular mail on April 17, 1995, and via certified mail on
April 17, 1995 (return reoeipt signed by Defendant on April 18,
1995, is attached to this Praeoipe to Transmit Record). A copy
of the Notice of Intention and Counter-Affidavit were similarly
served on Attorney Brown by regular mail dated April 17, 1995.
LANDIS, BLAC~ , SCHORPP
Datel ~.Y A? /??.s--
BY:~~~~'
Edward L. Scnorpp, E8q.
Attorney for Plaintiff
36 South Hanover Street
Carlisle, PA 17013-3328
LAW ornCES
LANDIS BLACK e SCHORPP
36 SOUTH HANOV!R STRUT
C^RUSL!, PENNSYLV^NI^ 17013
(C(OPV
WlnT R.lIACK
!D'I'^RD L, SCHOR"
TEL!PHON! (7171 24:l'3Tl7
,. 10YD IANDIS
11"".1....'
lo.l!PH ,. MclN10lH
i1I4lH9Pl1
April 17, 1995
VIA REGULAR AND CERTIFIED MAIL
Mr. Kraig A. Wallace
25 High street
P.O. Box 14
Boiling Springs, PA 17007
Rill Divorce
Dear Mr. Wallace:
I am herewith re-serving upon you Notice of Intention to
Request Entry of Divorce Decree.
very truly yours,
Edward L. Schorpp
ELS:skg
Enclosure
eel Jerry W. Brown, Esq.
MELISSA D. WALLACE, IN THE COURT OF COMMON PLEAS
plaintiff OF CUMBERLAND COUNTY,
. PENNSYLVANIA
.
v.
CIVIL ACTION - LAW
lCRAIG A. WALLACE, . 94-6184 CIVIL TERM
.
Defendant IN DIVORCE
NOTICE or INTENTION TO REQUEST ENTRY OP
DIVORCE D!CRE!
TO: Kraig A. Wallace
You have been sued in an action for divorce. You have
failed to answer the complaint or file a counter-affidavit to the
Plaintiff's affidavit. Therefore, on or after May 9, 1995, the
Plaintiff 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, tho Court can enter a final decree
in divorce. 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. A COUNTER-AFFIDAVIT WHICH
YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO
THIS NOTICE.
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.
Court Administrator's
Fourth Floor
Cumberland County Courthouse
Carlisle, pennsylvania 17013
Telephone: (71'7) 240-6200
MELISSA D. WALLACE, IN THE COURT OF COMMON PLEAS
plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
CIVIL ACTION - LAW
!CRAIG A. WALLACE, . 94-6184 CIVIL TERM
.
Defendant IN DIVORCE
COUKTBR-APPIDAVI'1'
UWD.R ..CTIO. 3301(4)
or THB DIVORCB COD.
1. Check either (a) or (b):
(a) I do not oppose the entry of a divorce decree.
(b) I oppose the entry of a divorce decree because
(Check (i), (il) or both):
(i) The parties to this action have not lived
separate and apart for a period of at least two years.
(ii) The marriage is not irretrievably broken.
.2. Check either (a) or (b):
(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.
(b) I wish to claim economic relief which may include
alimony, division of property, lawyer's fees or expenses or
other important rights.
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. 1 4904 relating
to unsworn falsification to authorities,
Date:
Kraig A. Wallace
~JC.I If you do not wieh to oppose the entry of a divorce
decr.e and you do not wieh to make any claim tor economic relief,
you need not file thie counter-affidavit.
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