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Home My WebLink About97-01069 - " -~ '-J ~ ~ c ...... t' Qoo I '1 ! 1 I ~ I I i:: I ~ 1 ~ i i , lot '> ~ ~ " 'It ~ . ~ '') 5, To the best of Plaintifrs information. knowledge and belief. the Defendant herein is not in the military service of the United States of America nor any of its allies, 6, The parties married on May 17, 1973. at Upper Darby. Pennsylvania. 7, The parties have three grown children and no children under the age of 18, 8, The Parties have not completed the seminar for separating parents, nor are they required to since they have no minor children, 9, There have been no prior actions for divorce or annulment instituted by either of the parties in this or any other jurisdiction, 10. This action is not collusive as defined by ~3309 of the Divorce Code. 11, Plaintiff has been advised of the availability of counseling and of his right to request such counseling, 12, The parties have lived separate and apart since February 12, 1997. -2- COUNT II (Request for Equitable Distribution of Marital Pronertv Under 63501. et seq, of the Divorce Code) 17, Count 1 of tbe Complaint is incorporated herein by reference thereto. 18, The parties arc owners of marital property subject to equitable distribution, 19. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportions as the Court deems just after consideration of all relevant factors, WHEREFORE, Plaintiff respectfully requests the Court to enter an Order of equitable distribution of marital property pursuant to !j3501, et seq, of the Divorce Code, DATE: 17(I\(C1l L.;;,1~q,,~~ Allomey for Plaintiff ADLER & CLARA V AL 125 Locust Street p, O. Box 11933 Harrisburg, P A 17108-1933 Telephone: (717) 234-3289 Allorney 1.0. No, 07040 -4- r YER.!lI~A:[IQH I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Fa. C.S, ~4904, relating to unsworn falsification to authorities. Date: 2/lsjri7 1~: f3.,~ . . " . f,~":: "' ", ~<~; 'L<f~.l;'i . ...~ ,~'1 1rtI"." iffi'::0f lit'~, fi;\;:;:t':~; 7.t':';I:,~ ~lt..~~~ ~~""j. "'J " ,.' ,,' " ._c '., ._---.;;,..~--~_...,~.. _.-..... HI05"'ftlVU' COUWClHWrAUH Of "'NHSY1.~ DlN.ll'l"NT OF ICAUH } r, ! .;~ ~ ',' I VITAL RlCORDI RECORD OF OR ANNULMENT (CHECK ONE) 0 STATE FILE NUMBER DIVORce ~ COUNTY Cumberland STATE FILE DATE HUSBAND t. NAME IFnI) John St""OfRO (IrIidt;t.) O. 53 I"'" Barton ('Ilmf~!Il1'l~d Peniisy'IVama 2. DATE OF ~ATH . PlACE OF BIRTH 7 USUAL OCCUPATION 1- 9 (eMy) - sr." :I RESIDENCE c~ Soro 0I1'Itp. Camp Hill, A t. A-5 6 NUMBER OF THIS MARRIAGE 611 Mallard Road, . RACE MilT!! ~ Medical doctor BLACK o OTHER (Sptclfy) o WIFE 1 . MAIDEN NAME (FiliI) IMd*, IL..,) . DATE (Month) IO.y} - Jean A. Ranansky OF 4 29 50 "'RTH 10 RESIDENCE DrHlOtRD CII)t: Soto. Of 1'Itp Coon" Sf". II. PlACE (sr.teOtFtnf(JftCoulltry) OF 608 Devon Road, Hill CUmberland Co. PA BIRTH U land Penns 1 vania " NUMBER . RACE '01 USUAL OCCUPATK>N OF THIS MiITE alJoCK OTHER (Specify) MARRIAGE 2 ~ 0 0 Housewife " PLACE OF ICoomtrI (s"" Of F~ Counlry) THIS MARRIAGE Darb Penns lvania ". NUMBER OF '78 NUMBER OF DEPENDENT II PLAINTIFF CHILDREN THIS CHILDREN UNDER 111 HUSBAND WlFE I.IARRIAGE 3 0 ~ 0 20 NUMBER OF HUSBAND WlFE SPliT CUSTODY OTHER (Specify) CHILDREN TO 0 0 0 CUSTODY OF 22 DATE OF DECREE (Mottlh) (o,rl ,..." " SKlNATuRE OF TRANSCRIBING CLERK " DATE OF (Monlh' THIS .....RIAGE 5 DECREE GRANTED 10 HUSBAND WIFE ~ 0 (DoY! (~") 17 73 OTHER (SpKify) 0 (tN" \ OTHER (Specl"rl o " 21 LEGAL GROUNDS FOR DIVORCE OR ANNULMENT 23 DATE REPORT SENT (1tIon1tl) 10 VITAL RECORDS (0.,) " -'. f' <L,,;.;,,:~ ,--.-.-',. v. : NO. 9 '" ' I D l., (1 JOHN O. BARTON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNlY, PENNSYLVANIA JEAN A. BARTON, Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I. John C. Howell, Esquire, hereby acknowledge that I accepted service of the Complaint in Divorce filed in the above-captioned mailer on ~ j, ,J i;"_ ~ 3 J ~ 1997, being authorized to do so on behalf of Jean A, Barton, Defendant in theG'above-eaptioned mailer. Date: '1/"3/11 ~Ul~, ~' 0 ~ Cl z Ii .. ~,o:" N or.: x:: ();~ a.. ;:" p.~ ('l ~ or. l:i: ::.'12 rti I e:: ?jfe . "" :;:: ~ ~ r- l7' (.) ~ ~ ~ ~~IU&!i ~~ a<~::~~~~ ~ ~e~~~~[ ffi ~lQ~~ ~~ ~<. I · e' .~.,. ,~ ~~ -. '!:'!""~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN o. BARTON, plaintiff v. NO. 97-1069 CIVIL JEAN A. BARTON, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS 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 of 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 counselling. A list of marriage counsellors is available in the Office of the Prothonotary, cumberland County Courthouse, 1 Courthouse Square, 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. Lawyer Referral Service Cumberland County Courthouse Court Administrator, 4th Floor 1 Courthouse Square Carlisle, PA 17013 Telephone: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN O. BARTON, ) Plaintiff ) ) v. ) NO. 97-1069 CIVIL ) JEAN A. BARTON, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE ANSWER AND COUNTERCLAIM TO COMPLAINT IN DIVORCE Jean A. Barton, Defendant in the above-captioned matter, by and through her counsel, Howett, Kissinger & Miles, P.C., hereby files this Answer and Counterclaim to Complaint in Divorce and respectfully avers as follows: ANSWER 1-19. Pursuant to Pa.R.C,P, 1920,14, an Answer to allegations of an action for divorce is not required and such allegations are deemed denied, COUNTERCLAIM COUNT I - DIVORCE PURSUANT TO &3301eal (2l OF THE DIVORCE CODE 20. The foregoing paragraphs of this Answer and Counterclaim are incorporated herein by reference as though set forth in full herein. 21. Plaintiff avers that she is entitled to a divorce on the grounds that the Defendant has committed adultery in violation of his marriage vows and in violation of ~3301(a) (2) of the Divorce Code. 22. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 23. This action is not collusive. 24. There have been no prior actions for divorce or annulment of the marriage between the parties instituted by either of them in this or any other jurisdiction. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree in divorce pursuant to ~3301(a) (2) of the Divorce Code. COUNT II - ALIMONY. ALIMONY PENDENTE LITE AND SPOUSAL SUPPORT 25. The foregoing paragraphs of this Answer and Counterclaim are incorporated herein by reference as though set forth in full herein, 26. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment and requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 27, Plaintiff is unable to sustain herself during the course of this litigation. 28. Plaintiff requests the Court to enter an award of reasonable temporary support and alimony until final hearing and permanently thereafter. 2 IN THE COURT OF COMMON PLEAS OF CUMDERLAND COUNTY, PENNSYLVANIA JOHN O. BARTON, ) Plaintiff ) ) v. ) NO. 97-1069 CIVIL ) JEAN A. BARTON, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE CERTIFICATE OF SERVICE I, John C. Howett, Jr., Esquire, counsel for Jean A. Barton, Defendant in the above-captioned action, hereby certify that a true and correct copy of the foregoing Answer and Counterclaim to Complaint in Divorce was served upon Louis J. Adler, Esquire, counsel for Plaintiff John O. Barton, by depositing same in the United States mail, first class, on March 6, 1997, addressed as follows: Louis J. Adler, Esquire ADLER & CLARAVAL 125 Locust Street Harrisburg, PA 17101 Date: ~/llq) I I ;; HOWETT, KISSINGER & MILES, P.C. 130 Walnut Street P,O, Box BID Harrisburg, PA 1710B Telephone: 717/234-2616 Counsel for Defendant Jean A, Barton '" ":L.." ;,.'i-~' .w'": "~~ .;~ 'ill.. iF, ~~:::;! . }\::,; . ~J~; \t.. t;.. ~t~.lf,'~:. H" ~J\.' ",.,,' ;';' .. iff i.: ~( ~ ;~:" ,-c.. .,1.. r"'(-' IF ft~,~. n -~;f -.;..." t~' 1~~.~:' ;;;:--+;;'.' ~L'~~, . ':f.." ~J.X . 't", . If) . ie: If) ~ .. 19 :: (.) ...- . g, ~ (" 0 ~ - ~' p~ , 04 . ::a: ~ ~ c) ~ \9 ;6 " \:) r-J ~ ~~ ~ "" ~ ,.... ~ '- ~-$ ?; 6; ;3:S ')~ ,:>', "~~~ ._t d '!l Q.. a r ~ ~ /<I ~~ 0. PI ~~ L; o !1 ~ 3>P'. ~~I p,~~ :z:~~ ~lIJ!;)' ~~.~ .... ... !; JS~iJ ~ j t3 ..... .fil tJ z-.4 ~) ~t; :s !!~ o I ~~ 1-<8 Z 0- ~~~~ I~ ~ . .. ~ <r- . . ~ 0- 0 < ~ z~Eo ifi ~ l=l ~ H (.)z .II!: ,... ~, "" .... . HOWETT. KISSINGER & MILES, P.C, ! N 1;: M .. g~ I! N :II: 0.- QI co i I 0:: 0.- C a ~ s; 0 ~i ~ o {j .' ~ ~ ~>Qd Z ~~ 0 ~~ ;ffi: e~~;~ PoH ~~ Jm~IJ 8 ~=- S ~l:l ~ ;ju . . 5 !m'ij :z:.... ~l E-<8J::", ~~ ~a ~~~s ~~ ~i~ 8~ I IQ-ri i al .... ~~~ ~ <[;; ...... . . QI OPO .. <1:1 H H ~~ . ~ ~ ~81:1 rnQd ~ tH~ Pol::fi ~ 00 .,-;, =- .~ HoWE'lT. KISSINGER &: MILES, P.C. t::: -"-~t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN O. BARTON, ) Plaintiff ) ) v. ) NO. 97-1069 CIVIL ) JEAN A. BARTON, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE PRAECIPB TO WITHDRAW AND DISCONTINUE CAUSB OF ACTION FOR DIVORCB TO THE PROTHONOTARY: Please withdraw and discontinue the cause of action for divorce initiated by Plaintiff John 0, Barton and answered by Defendant Jean A. Barton, docketed to the above term and number, inasmuch as the parties have reconciled their marital difficulties and do not wish to proceed to divorce. Respectfully submitted, Date: '-~ n ~/dv Louis J. Adler, Esquire ADLER & CLARAVAL 125 Locust Street Harrisburg, PA 17101 Telephone: (717) 234-3289 Counsel for Plaintiff John O. Barton Date: ~~~C. Howett, Jr quire ETT, KISSINGER & MILES, P.C. 130 Walnut Street/Po 0, Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant Jean A. Barton . ~- ~ "-_"~_''''''''''..~_-,....'M., ,>.,_......_.._. ,..;.>~'~.';U",.:..,.... . ..".,._',"'.....{,..~~)',...~;>~i>'f.i:....~~".......~~--..' -rJo..,... -"