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IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
FAMILY DIVISION
No. F.D. 21-008612-005
SARAH E. DIAL,
Plaintiff, vs.
TOMMY C. DIAL,
Defendant.
NOTICE OF INTENTION TO FILE THE PRAECIPE TO TRANSMIT RECORDUNDER SECTION 3301(d) OF THE DIVORCE CODE
TO: TOMMY C. DIAL, Defendant
You have been sued at an action in divorce. You have failed to answer the complaint or file a counter-affidavit to the Affidavit Under Section 3301(d) of the Divorce Code. Therefore, on or after the 29 day of December, 2022 the other party can request the court to enter a final decree in divorce or, if there are unresolved ancillary claims, an order approving grounds for divorce as indicated in the proposed Praecipe to Transmit Record, which is attached.
If you do not file an answer with your signature notarized or verified by the above date, the court can enter a final decree in divorce or, if there are unresolved ancillary claims, an order approving grounds.
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 or an order approving grounds for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
ALLEGHENY COUNTY BAR ASSOCIATION
400 KOPPERS BUILDING
436 SEVENTH AVENUE
PITTSBURGH, PA 15219
TELEPHONE: (412) 261-5555
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
FAMILY DIVISION
No. F.D. 21-008612-005
SARAH E. DIAL,
Plaintiff, vs.
TOMMY C. DIAL,
Defendant.
PRAECIPE TO TRANSMIT RECORD
TO: DIRECTOR, DEPARTMENT OF COURT RECORDS
Transmit the record, together with the following information, to the court for entry of (check one of the following):
__x__: a divorce decree;
_____: a divorce decree with settlement referenced;
_____: a bifurcated divorce decree with the Court retaining jurisdiction over unresolved ancillary claims; or
_____: an Order approving grounds for divorce with the Court retaining jurisdiction over unresolved ancillary claims.
Check the applicable section of the Divorce Code.
Grounds for divorce: irretrievable breakdown under:
_____: Section 3301(c)(1)
_____: Section 3301(c)(2)
__x__: Section 3301(d)
2. Service of the Complaint:
(a) Date served: October 28, 2021
(b) Manner of service: By publication.
3. Complete either paragraph (a) or (b).
(a) Section 3301(c)(1) or (2) of the Divorce Code - insert the date each party signed the Affidavit of Consent, and if the ground for divorce is under Section 3301(c)(2) of the Divorce Code, insert the date the spouse was convicted of the personal injury crime identified in 23 Pa. C.S. ยง 3103 next to the appropriate party and complete (1) and (2).
Plaintiff:
Defendant:
(1) The date the party signed the Affidavit to Establish Presumption of Consent Under Section 3301(c)(2) of the Divorce Code and a blank Counter-Affidavit under Section 3301(c)(2) upon the other party:
(2) The date of filing and manner of service of the Affidavit to Establish Presumption of Counsel under Section 3301(c)(2) of the Divorce Code and a blank Counter-Affidavit under Section 3301(c)(2) upon the other party:
(b) Section 3301(d) of the Divorce Code:
(1) The date of Affidavit under Section 3301(d) of the Divorce Code was signed: November 1, 2022.
(2) Date of filing and manner of service of the Affidavit under Section 3301(d) of the Divorce Code and blank Counter-Affidavit under Section 3301(d) of the Divorce Code upon the other party: Service by Publication on 11/18/22.
4. Related ancillary claims pending: None. Ancillary claims under Complaint in Divorce were withdrawn by Plaintiff.
5. Complete either (a) or (b):
(a) Notice of Intention to File the Praecipe to Transmit Record:
(1) Date served:
(2) Manner of Service: Service by Publication
(b) The date of filing of the party's Waiver of Notice of Intention to File the Praecipe to Transmit Record:
(1) Plaintiff's Waiver:
(2) Defendant's Waiver:
BUNDE & ROBERTS, P.C.
By /s/ John L. Cullen, III
JOHN L. CULLEN, III
Attorneys for Plaintiff
December 9, 2022 22-01791M