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IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
FAMILY DIVISION
No. FD 21-008612-005
AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE and blank COUNTER-AFFIDAVIT
SARAH E. DIAL,
Plaintiff, vs.
TOMMY C. DIAL,
Defendant.
Filed on Behalf of SARAH E. DIAL, Plaintiff
Counsel of Record for this party:
John L. Cullen, Esquire
Pa. I.D. 89912
Bunde & Roberts, P.C.
223 Fourth Avenue, Suite 500
Benedum Trees Building
Pittsburgh, PA 15222
(412) 391-4330
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
If you wish to deny any of the statements outlined in this affidavit, you must file a counter-affidavit within 20 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 10-30-2020
2. Check (a) or (b):
____ (a) The date of separation was prior to December 5, 2016, and the parties have continued to live separate and apart for a
period of at least two years.
_X_ (b) The date of separation was on or after December 5, 2016, and the parties have continued to live separate and apart for a period of at least one year.
3. The marriage is irretrievably broken.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, costs and expenses, or other important rights 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: 11/1/2022 /s/ Sarah E. Dial
SARAH E. DIAL, Plaintiff
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
FAMILY DIVISION
FD-21-008612
SARAH E. DIAL,
Plaintiff, v.
TOMMY C. DIAL,
Defendant.
COUNTER-AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE
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), (ii), (iii) or all:
_____ (i) The parties to this action have not lived separate and apart for the required separation period: two years for parties that separated prior to December 5, 2016, and one year for parties that separated on or after December 5, 2016.
______ (ii) The marriage is not irretrievably broken.
______ (iii) There are economic claims pending.
2. Check either (a), (b), or (c):
_____ (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 UNDERSTAND THAT IN ADDITION TO CHECKING (2)(b) ABOVE, I MUST ALSO FILE ALL OF MY ECONOMIC CLAIMS 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 FILE THE PRAECIPE TO TRANSMIT RECORD, THE DIVORCE DECREE OR ORDER APPROVING GROUNDS FOR DIVORCE MAY BE ENTERED WITHOUT FURTHER NOTICE TO ME, AND I MAY BE UNABLE THEREAFTER TO FILE ANY ECONOMIC CLAIMS.
_______ (c) Economic claims have been raised and are not resolved.
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: _____________________ _________________
Tommy C. Dial, Defendant
NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE OR ORDER APPROVING GROUNDS FOR DIVORCE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT.
CERTIFICATE OF COMPLIANCE
I certify that this filing complies with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non-confidential information and documents.
Submitted by: JOHN L. CULLEN, III, ESQUIRE
Signature: /s/ John L. Cullen, III, ESQUIRE
Name: JOHN L. CULLEN, III, ESQUIRE Attorney No. Pa. I.D. #89912
November 18, 2022 22-01681M