Upon the Petition of
FREDERICK J. SHADDOCK
Petitioner, CDCV 400852
And Concerning
OKSANA SHEMET SHADDOCK
Re: APPEAL of Ruling on Pre-Answer Motion to Dismiss
Respondent.
The Petitioner hereby files this notice of
intent to appeal the conclusion and findings entered by the District Court on
September 12, 2007 regarding the Respondent's Pre-Answer Motion to Dismiss..
The decision concluded that the Petitioner, "Frederick has established residency
in the State of Iowa sufficient to invoke the Iowa court's jurisdiction to file
a petition for dissolution of marriage." This refuted Respondent's (Oksana's)
major argument in the Motion to Dismiss, regarding the statutory period of time.
Yet the Petitioner was denied the right to proceed in this case. This is
inconsistent.
The Petitioner was the first party to complete personal service upon the Respondent in Virginia, and to file an affidavit confirming this service, thus completing a bona fide divorce filing for the state of Iowa. Regarding the Respondent's subsequent substituted service to the Petitioner, the Court found "the evidence is not conclusive that Frederick actually received a copy of the service of process of Oksana's District Of Columbia divorce proceedings." To this date, the Petitioner in this case has never received a divorce petition from the Respondent.
Oksana's right to file for divorce in DC should have been confirmed, prior to deferring to that jurisdiction. There is a pending Motion to Dismiss Oksana's petition in the District Of Columbia as she was not a bona fide resident there at the time she filed. Respondent is a property owner and property tax payer, with her husband, only in Iowa. Iowa is the appropriate venue. Petitioner requests that his properly and earlier served petition be acknowledged as the true and only petition between them.
The attorney for the Petitioner is not
immediately available to the Petitioner, and therefore to meet the deadline, the
Petitioner files this notice pro se, and leave to amend as requested as might be
required.
Respectfully submitted,
Frederick Shaddock
Pro Se
Certificate of Service
I hereby certify that I have mailed paid postage prepaid and faxed to the attorney for the Respondent Steven Lytle at his business address.
_____________________________