HomeMy WebLinkAbout00-07355
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Paul .K.
Barrett,
Plaintiff
STATE OF
PEN NA.
No.
2000-7355 Civil Term
VERSUS
.
Theresa B.
Barrett,
Defendant
DECREE IN
DIVORCE
AND NOW,
Nf1Jt,...(,.......
o<hft>:;r, IT IS ORDERED AND
/8~
DECREED THAT
Paul K. Barrett
, PLAI NTI FF,
AND
Theresa B. Barrett
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
None
By THE COURT:d..
.;if A
p
THONOTARY
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MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT made this 25th day of October, 2001, by and between THERESA
B. BARRETT, (hereinafter referred to as "WIFE") and PAUL K. BARRETT, (hereinafter
referred to as "HUSBAND").
WITNESSETH:
WHEREAS, HUSBAND and WIFE were lawfully married on May 13,1994, in York,
Pennsylvania. HUSBAND filed a Complaint in Divorce in Cumberland County, Pennsylvania,
docketed at 2000-7355 Civil Term on October 19, 2000 and amended on February 9,2001.
The parties hereto agree and covenant as follows:
1.
The parties intend to maintain separate and permanent domiciles and to live apart from
each other. It is the intent and purpose of this Agreement to set forth the respective rights and
duties of the parties while they continue to live apart from each other.
2.
The parties have attempted to divide their matrimonial property in a manner which
conforms to a just and right standard, with due regard to the rights of each party. It is the intent
of the parties that such division shall be final and shall forever determine their respective rights.
The division of existing marital property is not intended by the parties to constitute in any way a
sale or exchange of assets.
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3.
Further, the parties agree to continue living separately and apart from the other at any
place or places that he or she may select as they have heretofore been doing, Neither party shall
molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever.
Each party may carry on and engage in any employment, profession, business or other activity as
he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere
with the uses, ownership, enjoyment or disposition of any property now owned and not specified
herein or property hereafter acquired by the other.
4.
The consideration for this contract and agreement is the mutual benefit to be obtained by
both of the parties hereto and the covenants and agreements of each of the parties to the other.
The adequacy of the consideration for all agreements herein contained is stipulated, confessed,
and admitted by the parties, and the parties intend to be legally bound hereby.
Each party to the Agreement acknowledges and declares that he or she, respectively:
(a) is represented by counsel of his or her own choosing;
(b) is fully and completely infonned of the facts relating to
the subject matter of this Agreement and of the rights
and liabilities of the parties;
( c) enters into this Agreement voluntarily after receiving the
advice of counsel;
(d) has given careful and mature thought to the making of this
Agreement;
(e) has carefully read each provision of this Agreement; and
(t) fully and completely understands each provision of this
Agreement, both as to the subject matter and legal effect.
This Agreement shall become effective immediately as of the date of execution.
2
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5.
It is the purpose and intent of this Agreement to settle forever and completely the interest
and obligations of the parties in all property that they own separately, and all property that would
qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 40l(e), and
that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and
assigns. The parties have attempted to divide their Marital Property in a manner that conforms to
a just and fair standard, with due regard to the rights of each Party. The division of existing
Marital Property is not intended by the parties to constitute in any way a sale or exchange of
assets, and the division is being effected without the introduction of outside funds or other
property not constituting a part of the marital estate. It is the further purpose of this Agreement
to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to
spousal support or alimony.
6.
Each party represents and warrants that he or she has made a full and fair disclosure to the
other of all of his or her property interests of any nature, including any mortgage, pledge, lien,
charge, security interest, encumbrance, or restriction to which any property is subject. Each party
further represents that he or she has made a full and fair disclosure of all debts and obligations of
any nature for which he or she is currently liable or may become liable. Each further represents
and warrants that he or she has not made any gifts or transfers for inadequate consideration of
Marital Property without the prior consent of the other.
The parties have heretofore filed joint Federal and State tax returns. Both parties agree
that in the event any deficiency in Federal, State or local income tax is proposed, or any
assessment of any such tax is made against either of them, each will indemnify and hold harmless
the other from and against any loss or liability for any such tax deficiency or assessment and any
interest, penalty or expense shall be paid solely and entirely by the individual who is finally
determined to be the cause of the misrepresentations or failures to disclose the nature and extent
of his or her separate income on the aforesaid joint returns.
3
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7.
~L E~TAIE: The parties own real estate located at 630 Colonial Avenue, York,
York County, Pennsylvania 17403. HUSBAND agrees to sign a deed which conveys his right,
title and interest in said real estate to WIFE provided she refinances or places the mortgage into
her own name on or before November IS, 2002, WIFE agrees to make all mortgage payments
with Market Street Mortgage and hold hannless HUSBAND and indemnify him from all
obligations to said mortgage. HUSBAND will pay to transfer the deed into WIFE'S name.
WIFE will pay any costs required to refinance or transfer the mortgage into her own name.
8.
WARRANTY AS TO Ji:XISTI.NG OBLIGATIONS: Each party represents that they
have not heretofore incurred or contracted for any debt or liability or obligation for which the
estate of the other party may be responsible or liable except as may be provided for in this
Agreement. Each party agrees to indemnify and hold the other party hannless for and against any
and all such debts, liabilities or obligations of every kind which may have heretofore been
incurred by them, including those for necessities, except for the obligations arising out of this
Agreement.
9.
WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant,
warrant, represent and agree that, with the exception of obligations set forth in this Agreement,
neither ofthem shall hereafter incur any liability whatsoever for which the estate of the other may
be liable, Each party shall indemnify and hold hannless the other party for and against any and
all debts, charges and liabilities incurred by the other after the execution date of this Agreement,
except as may be otherwise specifically provided for by the terms of this Agreement.
4
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10,
SPOUSAL SUPPORT: It is the mutual desire of the parties that HUSBAND will not be
required to pay support or alimony pendente lite to the WIFE for herself. WIFE will not
provide any financial support or alimony pendente lite to the HUSBAND. The parties also waive
any right they have to receive alimony payments from the other following the entry of the
Divorce Decree in this matter.
II.
PERSONAL PROPERTY: The parties agree that the personal property shall be divided
as follows:
HUSBAND shall receive the following items:
(a) The personal property in his possession.
(b) His bank accounts;
( c) Any life insurance policy;
(d) His employee retirement benefits;
(e) His PFS Mutual Fund; and
(t) His survivor annuity. .
WIFE shall receive the fOllowing items:
(a) The personal property in her current possession.,
(b) Her bank accounts;
(c) Any life insurance policy;
(d) The sum of Twenty Thousand and no/I 00 ($20,000.00) Dollars
from HUSBAND within ten (10) days from the execution of this
Agreement;
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The WIFE hereby waives all right and title which she may have in any personal property
of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal
property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently
of any claim or right of the other party, all items of personal property of every kind, nature and
description and wherever situated, which are then owned or held by or which may hereafter
belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose
of same as fully and effectually, in all respects and for all purposes as ifhe or she were
unmarried.
Each party agrees that neither will incur obligations, liens or liabilities on account of the
other and that from the date of this Agreement, neither party shall contract or incur obligations,
liens or any liability whatsoever on account of the other.
12.
AUTOMOBILES:
(a) HUSBAND agrees to waive any and all interest
which he may have in the automobiles in possession
of the WIFE.
(b) WIFE agrees to waive any and all interest which she
may have in the automobiles in possession of the HUSBAND.
(c) WIFE agrees to make all lease payments on the 1996 Jeep
Cherokee automobile. WIFE agrees to indemnify and
hold hannless HUSBAND for any obligation
with regard to said Lease or repairs to said vehicle.
They each waive any claim which they have in any automobile owned by the other party.
6
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13.
INSURANCE AND EMPLOYEE BENIllD'.!i. The parties agree that any life
insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including
but not limited to retirement, profit sharing or medical benefits of either party, shall be their own.
WIFE waives all right, title and claim to HUSBAND'S employee benefits, and HUSBAND
waives all right, title, and claim to any of WIFE'S employee benefits. HUSBAND agrees to
maintain health insurance through Keystone Health Insurance until November 15, 2002. WIFE
agrees to pay all deductibles required by said insurance.
14.
BENEFITS ~D BANK ACCOUNTS: WIFE agrees to waive all right, title and
interest which she may have in the savings or checking or any other bank accounts of the
HUSBAND. The HUSBAND agrees to waive all interest which he has in the bank accounts of
the WIFE.
15.
DIVORCE: The parties both agree to cooperate with each other in obtaining a final
divorce of the marriage. It is agreed that the parties will execute and file the consents necessary
to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all
the costs and legal fees of the party who is seeking the divorce. The parties agree that the
Divorce will become final after November 15, 2002.
16.
BREACH: If either party breaches any provisions of this Agreement, the other party
should have the right, at his or her election, to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her, and the party breaching this contract will be
responsible for payment of legal fees and costs incurred by the other in enforcing their rights
under this Agreement.
7
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17.
ADDITIONAL INSTRU~NT.s: Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
18.
VOLUNT~Y EXECU'[ION: The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective counsel, and each party
acknowledges that the Agreement is fair and equitable, and that it is being entered into
voluntarily, and that it is not the result of any duress or undue influence, The provisions of this
Agreement are fully understood by both parties and each party acknowledges that the Agreement
is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any
duress or undue influence.
19.
ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
20.
~PPLlCAB!<E LAW: This Agreement shall be construed under the Laws of the
Commonwealth of Pennsylvania.
21.
PRIOR AGREEMENTS: It is understood and agreed that any and all property
settlement agreements which mayor have been executed prior to the date and time of this
Agreement are null and void and of no effect.
8
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22.
PAYMENT OF COSTS AND LEGAL .Il'.EES: The parties agree to pay for their own
costs and legal fees required to obtain and complete the divorce.
23.
WAIYER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided,
each party may dispose of his or her property in any way, and each party hereby waives and
relinquishes any and all rights he or she may now have or hereafter acquire, under the present or
future laws of any jurisdiction, to share in the property or the estate of the other as a result of the
marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's
allowance, right to take in intestacy, right to take against the Will of the other, and right to act as
administrator or executor of the other's estate, and each will, at the request of the other, execute,
acknowledge and deliver any and all instruments which may be necessary or advisable to carry
into effect this mutual waiver and relinquishment of all such interests, rights and claims.
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IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day
and year first above written.
WITNESSES:
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a THERESA B. BARRETT
(SEAL)
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PAUL K. BARRETT
(SEAL)
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COMMONWEALTH OF PENNSYLVANIA
S8:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, this ?-. qk{, day of ~
2001, a Notary Public, in and for the Commonwealth of Pennsylvania and County of
Cumberland, THERESAB. BARRETT, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that
she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
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Notarial Seal
Marie S. Harms, Notary Public
York, Yolk County
..~E.ommlsslon Expires Aug. 12, 2002
COMMONWEALTH OF PENNSYLVANIA
: SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, this ~5~ay of vdo 109-(
2001, a Notary Public, in and for the Commonwealth of Pennsylvania and County of
Cumberland, PAUL K. BARRETT, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that
he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notarial Seal
rtha L. Noe~ Notary Public
CarllS ro, Cumberland County
My Commission Expires Sept. 18, 2003
Member, Penneylvanla Association of Notaries
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Karen S. Coates, Esquire
KELLY, HOFFMAN & GODUTO LLP
Commerce Towers - lOth Floor
300 North Second Street
Post Office Box 62003
Harrisburg, PA 17106-2003
Phone: (717) 920-8100
Facsimile: (717) 920-0691
PAUL K. BARRETT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
v.
2000-7355 CIVIL TERM
THERESA B. BARRETT,
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Please transmit the record, together with the following information, to the Court for the
entry of a Divorce Decree:
1. Ground for Divorce - The ground for divorce is irretrievable breakdown under 9
330l(d)(1) of the Divorce Code;
2. Date and Manner of Service of the Complaint - Certified mail (restricted
delivery) and regular mail on February 12,2001;
3. Date of Execution of the Affidavit Required bv Ii 3301(d) of the Divorce Code, bv
Plaintiff: September 30, 2003;
4. Date of Filing and Service of the Plaintiffs Affidavit Upon the Respondent:
October 1, 2003;
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5. Related Claims Pending: None
6. (a) Date and manner of service of the Notice ofIntention to Request Entry of
a & 3301(d) Divorce Decree, a copv of which is attached: via regular mail to Defendant's
residence address on September 30,2003.
(b) Date Plaintiffs Waiver of Notice was filed with the Prothonotarv:
October 1, 2003.
K en S. Coates, Esquire
KELLY, HOFFMAN & GODUTO LLP
Commerce Towers _10th Floor
300 North Second Street
Post Office Box 62003
Harrisburg, PA 17106-2003
(717) 920-8100
Date: r:J~ /f/C1t?f
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PAUL K. BARRETT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-1'26~IVIL TERM
THERESA B. BARRETT,
Defendant
IN DIVORCE
NOTICE
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 in 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 counseling. A list of marriage counselors is available in the Office of
the Prothonotary, Cumberland County Courthouse, 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 ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
1-800-990-9108
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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.
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PAUL K. BARRETT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CML ACTION - LAW
2000-13S:>'CIVIL TERM
THERESA B. BARRETT,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c)
OF THE DIVORCE CODE
NOW comes the plaintiff, Paul K. Barrett, by his attorney, Marcus A. McKnight, ill, Esquire,
and files this complaint in divorce against the defendant, Theresa B. Barrett, representing as follows:
I. The plaintiff is Paul K. Barrett, an adult individual residing at 630 Colonial Avenue, York,
Pennsylvania 17403.
2. The defendant is Theresa B. Barrett, an adult individual residing at 630 Colonial Avenue,
York, Pennsylvania 17403.
3. The defendant has been a resident of the Commonwealth of Pennsylvania at least six months
prior to the filing of this action in divorce.
4. The plaintiff and the defendant were married on May 3,1994 in York, Pennsylvania.
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5. There have been no prior actions of divorce or for annuhnent between the parties.
6. There were no children born to this marriage.
7. Pursuant to the Divorce Code, Section 330 I (c), the plaintiff avers as the grounds upon which
this action is based that the marriage between the parties is irretrievably broken.
8. The plaintiff avers that he has been advised of the availability of counseling and that said
party has the right to request that the court require the parties to participate in counseling.
WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two
parties.
Respectfully submitted,
By:
~
Date: October \'a ,2000
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VERIFICATION
The foregoing Complaint in Divorce is based upon information which has been gathered
by my counsel and me in the preparation of this action. I have read the statements made in this
Complaint and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pac C.S.A. Section
4904, relating to unsworn falsification to authorities.
/~-
'" PAUL K. BARRETT
Date: October \9'\h , 2000
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PAUL K. BARRETT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000- CIVIL TERM
THERESA B. BARRETT,
Defendant IN DIVORCE
PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT
The plaintiff, being duly sworn according to law, deposes and says:
1. I have been advised of the availability of marriage counseling and understand that I
may request that the court require that my spouse and I participate in counseling.
2. I understand that the court maintains a list of marriage counselors in the Prothonotary's
Office, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse and I
participate in counseling prior to a divorce decree being handed down.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pac C.S. Section 4904 relating to
unsworn falsification to authorities.
~
Date: October \ ~ , 2000
~
PAUL K. BARRETT
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2000-07355 P
COMMONWEALTH OF PENNSYLVANIA:
~OUNT~"OF CUMBERLAND
BERRETT PAUL K
VS
BARRETT THERESA B
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
BARRETT THERESA B
but was unable to locate Her
in his bailiwick. He therefore
deputized the sheriff of YORK
County, Pennsylvania, to
serve the within COMPLAINT - DIVORCE-REIN
On December 29th, 2000 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep. York Co
18.00
9.00
10"00
21.95
.00
58.95
12/29/2000
IRWIN, MCKNIGHT
S~ /~
~~~
R. Thomas Kline
Sheriff of Cumberland County
& HUGHES
Sworn and subscribed to before me
this 3,..uA.... day Of~
21nJ I A.D"
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'f prothonotar
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COUNTY OF YORK
OFFICE OF THE SHERIFF
SERVICE CALL
(717) 771-9601
28 EAST MARKET ST., YORK. PA 17401
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
, "'>'>..:\i;;IN~tFl,V<;J'ION~ . .'.
'. .1"J.:!:Al?'E.rY'I"!;()Nl,Yl.,INi:;$1 TO 12
. . .........OOK!OTOi:;TACHANyCOPll;$;
1. PLAINTIFF/S/
2. COURT NUMBER ? _ 7
4. TYPE OF WAIT OR COMPLAINT
Notice & Compo Divorce
v
Paul K. Barrett
3. DEFENDANT/SI
~heresa B. Barrett
SERVE { 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC, TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD.
. Theresa B. Barrett
6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO., CITY, BORD, 1'V\l'P., STATE AND ZIP CODE
AT 6.'30 Colonial Ave, York, PA 1.740:1
7. INDICATE SERVICE: 1:1 PERSONAL Q PERSON IN CHARGE _DEPUTIze:um~ifR1r.q.tAJil
NOW 1? In Inn 19_1,8 RIFFOFXj;!~
"ork COUNTY to e e
to law. This deputation being made at the request and risk of the plaintiff. .
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
o POSTED 0 OTHER
ti e' he sheriff of
of according
XX~COUNTY
Cumberland
ADVANCE FEE PAID BY CUMBERLI\ND COUNTY SHERIFF
NOTE ONLY APPLICABLE ON WRtT OF EXECUTION: N.D. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave
same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any
plaintiff herein for any loss. destruction, or removal of any property before sheriffs sale thereof.
9. TYP~MN9t.D~Jl:~dRP~Nlf{i<JR:G1~W~ and SIGNATURE
60 W. POMFRET ST.. CARLISLE, PA 17013
10_ TELEPHONE NUMBER
11_ DATE FILED
(717) 249-2353
12/12/00
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed).
CUMBERLAND COUNTY SHERIFF
. SPACE BELOW FOR. U$E OF THE$I:lEFlIFFOf\lLY'-DONOT WRITE..BELOW THIS LINE
SIGNATURE OF AUTHORIZED CLERK 14_ Date Received 15. Expiration/Hearing Date
J. LUDWIG 12/19/00 1/11/01
13. I acknowledge receipt of the writ
or complafnt as indicated above.
POSTEO( )
POE( )
SHERIFF'S OFF ( )
OTHER ( )
SEE REMARKS
22. REMARKS:
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41.AFFIRMED and subscrib~ to before me this
44. Signature of
;
45. Signature of Yo
County Sheriff
WILLIAM M.
47 ~":z.Z-o-O
48, Dale
42.dayof
43.
12-26-00
I' 46. ignature of oreign
Y COMMI 9 Coun Sheriff
50, I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE
OF AUTHORJZED ISSUING A1.lTHORJTY AND TITlE
1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office
49. Date
51. Dale Received
--~
. ....l. .\ _ <"
.'
. COUNTY OF YORK
OFFICE OF THE'SHERIFF
I.'
SERVICE CALL
(717) 771-9601
..... 28 EAST MARKET ST.. YORK. PA 17401
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INSTRUCTIONS
PLEASE TYPE ONLY LINES 1 TO 12
DO....N.OT DETACH ANY COPIES, .
SHERIFF SERVICE
..~PROCES~.REC~~T,.a~d~~FIDAVIT,~~ RET~~R~--l~
1. PLAINn~~ '
'PAn
3. DEFENDANTISI
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..~' 2. COURT NUMBER ., n ~,~
:4,:_:rY-fE 9_~ ~f3rr '?J:L ~,q.~,~L5rt{t, .
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Notice & Como.
Divorce
; T "t:" S--R R 'R 1"" f1 t , ,_. ~ _ _ __ _..
SERVE f { 5, NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC, to S~RVE OR DESCRIPTION OF-PR'OPERTY TO BE LEVIED, ATTACHED, OR SOLD.
.. ~~~rg6~gs~si~~.ET 6~~~-~1~: BOX NUMBER, APT NO" CITY, BORO, TWP., STATE AND zlp'coDEocc' ~,-
AT 63.0 C'oloniaL_l\.3Lc. vork, FA 171 Q3.. . ...."
'7. INDICATE ~ERVICE: q PERSONAL Q.'p-~RSO~!rtCH,.A.I3;GE _ O,E'pUXIZ(;um~Fi~.Mt Q 1$T C,I.-ASS MAIL 0 POS1:ED Q OTH.~R
NOW ,., "! il}n .19_J, . ,RifF 9F:Y~~ CQU!'lTY, !,A. do hereby deputize the sherif! of
, ", :"~<;.,, ". ..< '.._ .i~, ,.~._,..l-, l:~ '~'-'Jc-,._CQUNTYtoexecutethl~Wrltandmakereturnthereofaccordlng
to law. This deputation being made ...fthe request and risk of the plaintiff:'" .
8. SPECIAL l~smUCTIONS OR-OTHER INFORMATIO'N"THAT W1LL"Ass~ISTJN EXPEDITING SERVICE: ,",,"~'~~'_~I'l ERI~F - DF ~~'Ytri: cO- tJ N TV
Cumberland
i
ADVAN:::E FFf llAID.BY ~ ~.~F::~<._......~~.~e'" ."~_~.,.~_.....,. "".,_....<,'. """."",!"_~",,. ,"."
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave
same withOut. a-watchman, in custody of whomever is found tn possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sherffl to any
plaintiff herell'] for any loss, d13struction, or removal of~nip..~RE!rty,~~f.W~,s/:Je,ri{f'~!l<l.J~lJ:l!?,r.~()f. ., .'~--: _n '--.... c'~. ~__ __~' ,-'''c-:--r- _, , . . ~
9. TYP~=- ~j\ND ADI?Il.ESS of ATTORNEV/ORIGINArOA and SIGNATVRE" " .. .10. TEJ-EPHONE'NUMBER 11. DATE FILED
MARC1.lS A. M::l\IliIGHT, Ill, as6.Q. . .' .
60 Vi," rolFRET sT., CARLISLE,. PAH.F70P ... ',._, .... e "_~'. (717) 249:23.53 12/12/00
12. SEND NOtiCE OF SERVICE COPY TO NAME AND ADDRESS B~LOW: (ThIs area must be completed if notice is to be mailed).
cOOER1.AND COUNTY SHERIFF
~;~';;:;;;"'CI:U;'ll;J..._ W f.O.R.USE.O-E.Il;I.E.SHEBIEF ONLY - DO NOT WRITE BELOW THIS LINE
13.1 acknow\~e f~ipt of the writ SIGNATURE 0 AUTHOAIZeO CLERK 14, Date Received 15. Expiration/Hearing Date
orcomplai,)jaslndicaledabove. .:J......LUI:1!iIG ____. ._._ 3:1/19/00 1/11/01
:~
pOSTED ( )
POEt )
-,-, -
.S.HERIFF'S OFF ( )
,__. .' ~." _.."_' --,0---
OTHER ( )
SE~R.EMARKS
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22. REMARKS:
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41. AFFIRMED 'and subscribe d'-to before~ine'thi~
42. dew of ,,. ,!'~~.-~., ,," -....~. ."..
47. Date
'}. ')
8. ate
43.
12-26-00
49. Date
51. Date Received
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Karen S. Coates, Esquire
KELLY, HOFFMAN & GODUTO LLP
Commerce Towers - lOth Floor
300 North Second Street
Post Office Box 62003
Harrisburg, P A 17106-2003
Phone: (717) 920-8100
Facsimile: (717) 920-0691
PAUL K. BARRETT
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
2000-7355 CIVIL TERM
THERESA B. BARRETT,
Defendant
IN DIVORCE
AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE
1. The parties to this action separated on March 15,2001, and have continued to live
separate and apart for a period of at least two (2) years.
2. The marriage is irretrievably broken.
3. I understand that I may lose rights conceming alimony, division of property,
lawyers' fees or expenses if 1 do not claim them before a divorce is granted.
1 verify that the statements made in this Affidavit are true and correct. 1 understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unswom
falsification to authorities.
Date: ~ /;'0/61
'/ ~
/~~aintiff
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KELLY, HOFFMAN & GODUTO LLP
Commerce Towers - 10th Floor
300 North Second Street
Post Office Box 62003
Harrisburg, PA 17106-2003
Phone: (717) 920-8100
Facsimile: (717) 920-0691
PAUL K. BARRETT
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
2000-7355 CIVIL TERM
THERESA B. BARRETT,
Defendant
IN DIVORCE
NOTICE OF INTENTION TO REQUEST ENTRY OF Ii 3301(d) DIVORCE DECREE
TO: Theresa B. Barrett, Defendant
630 Colonial Avenue
York, PA 17403
YOU HAVE BEEN SUED IN AN ACTION FOR DIVORCE. YOU HAVE FAILED
TO ANSWER THE COMPLAINT OR FILE A COUNTER-AFFIDAVIT TO THE 9 330l(d)
AFFIDAVIT. THEREFORE, ON OR AFTER OCTOBER 21, 2003, THE OTHER PARTY
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, THE COURT CAN ENTER A FINAL DECREE IN
DIVORCE. A COUNTER-AFFIDAVIT WHICH YOU MAY FILE WITH THE
PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE.
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. THE FILING OF THE FORNI COUNTER-AFFIDAVIT ALONE
DOES PROTECT YOUR ECONOMIC CLAIMS.
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YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IFYOU
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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
1-800-990-9108
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KELLY, HOFFMAN & GODUTO LLP
Commerce Towers - 10th Floor
300 North Second Street
Post Office Box 62003
Harrisburg, PA 17106-2003
Phone: (717) 920-8100
Facsimile: (717) 920-0691
PAUL K. BARRETT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
v.
2000-7355 CIVIL TERM
THERESA B. BARRETT,
Defendant
IN DIVORCE
COUNTER-AFFIDAVIT UNDER &330l( d) OF THE DIVORCE CODE
1. Check either (a) or (b):
(a) 1 do not oppose the entry of a Divorce Decree.
(b) I oppose the entry of a Divorce Decree because:
[Check (i), (ii) ar bath}:
(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, lawyers'
fees or expenses if! do not claim them before a divorce is granted.
(b)
I wish to claim economic relief which may include alimony, division
division of property, lawyers' fees or expenses or other important rights.
'I ' ',-,'-'''-.", 'b.,' ;1:.
,
I understand that in addition to checking (b) above, 1 must also file all of my economic
claims with the Prothonotary 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 Request Divorce Decree, the Divorce
Decree may be entered without further notice to me, and I shall be unable thereafter to file any
economic claims.
1 verify that the statements made in this Counter-Affidavit are true and correct. 1
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904,
relating to unsworn falsification to authorities.
Date:
Theresa B. Barrett, Defendant
NOTICE
IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE
AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU
SHOULD NOT FILE TillS COUNTER-AFFIDAVIT.
-
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KELLY, HOFFMAN & GODUTO LLP
Commerce Towers - 10th Floor
300 North Second Street
Post Office Box 62003
Harrisburg, PA 17106-2003
Phone: (717) 920-8100
Facsimile: (717) 920-0691
PAULK. BARRETT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
v.
2000-7355 CIVIL TERM
THERESA B. BARRETT,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF DIVORCE DECREE UNDER & 3301(d) OF THE DIVORCE CODE
1. 1 consent to the entry of a Final Decree of Divorce without notice.
2. 1 understand that I may lose rights concerning alimony, division of property,
lawyers' fees or expenses if 1 do not claim them before a divorce is granted.
3. I understand that I will not be divorced until the Divorce Decree is entered by the
Court and that a copy of the Decree will be sent to me immediately after it is filed with the
Prothonotary.
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. 94904 relating to unsworn
falsification to authorities.
Date:
c;/J...jOJ
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Paul K. Barrett, Plaintiff
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PAUL K. BARRETT,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
2000-7355 CIVIL TERM
THERESA B. BARRETT,
DEFENDANT
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO REINSTATE COMPLAINT
TO CURTIS R. LONG, PROTHONOTARY:
Please reinstate the Complaint in Divorce in the above-captioned case and have it served
by the Sheriff upon the defendant, Theresa B. Barrett. The defendant resides in York County,
Pennsylvania at the following address:
,
,
,
Ms. Theresa B. Barrett
630 Colonial Avenue
York,PA 17403
Respectfully submitted,
By:
Mar s A. Me t" Esquire
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Supreme Court J.D. No: 25476
Attorney for Plaintiff,
Paul K. Barrett
Date: December 12, 2000
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PAULK. BARRETT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-7355 CIVIL TERM
THERESA B. BARRETT,
Defendant
:
IN DNORCE
NOTICE
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 in 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 counseling. A list of marriage counselors is available in the Office of
the Prothonotary, Cumberland County Courthouse, 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 TmS 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
1-800-990-9108
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AMERICANS WITH DISABILITIES
ACT OF 1990
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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 scheduling conference or hearing.
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PAUL K. BARRETT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-7355 CIVIL TERM
THERESA B. BARRETT,
Defendant
IN DIVORCE
AMENDED COMPLAINT IN DIVORCE PURSUANT
TO SECTIONS 3301(c) AND 3301(a)(6)
OF THE DIVORCE CODE
NOW comes the plaintiff, Paul K. Barrett, by his attorney, Marcus A. McKnight, III,
Esquire, and files this amended complaint in divorce against the defendant, Theresa B. Barrett,
representing as follows:
1. The plaintiff is Paul K. Barrett, an adult individual residing at 630 Colonial Avenue,
York, Pennsylvania 17403.
2. The defendant is Theresa B. Barrett, an adult individual residing at 630 Colonial
Avenue, York, Pennsylvania 17403.
3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six
months prior to the filing of this action in divorce.
4. The plaintiff and the defendant were married on May 3,1994 in York, Pennsylvania.
5. There were no children born to this marriage.
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6. Pnrsuant to the Divorce Code, Section 330l(c), the plaintiff avers as the grounds upon
which this action is based that the marriage between the parties is irretrievably broken.
7. There have been no prior actions of divorce or for annulment between the parties.
8. Pursuant to the Divorce Code, Section 330l(a)(6), the plaintiff avers as the grounds
upon which this action is based that the plaintiff is the injured spouse and that the defendant has
offered such indignities to him as to render his condition intolerable and life burdensome.
9. The plaintiff avers that he has been advised of the availability of counseling and that
said party has the right to request that the court require the parties to participate in counseling.
WHEREFORE, the plaintiff demands judgment dissolving the marriage between the
two parties.
Respectfully submitted,
IRWIN, McKNIGHT & HUGHES
By:
CUS
Att Y for Plaintiff
est Pomfret Profession
est Po
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Supreme Court I.D. No. 25476
Date: February 9th , 2000
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VERIFICATION
The foregoing Amended Complaint is based upon information which has been gathered
by counsel and myself in the preparation of this action. I have read the statements made in this
document and they are trne and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
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-" PAUL K. BARRETT
Date: February 9th. 2001
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PAUL K. BARRETT,
Plaintiff/Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-7355--CIVIL TERM
THERESA B. BARRETT,
Defendant/Respondent
IN DIVORCE
PETITION FOR ECONOMIC RELIEF
AND NOW, this 1st day of June 2001, comes the plaintiffi'petitioner, Paul K. Barrett, by
his attorneys, IRWIN, McKNIGHT & HUGHES, and makes the following Petition for Economic
Relief against the defendant/respondent, Theresa B. Barrett, as follows:
1.
The petitioner is Paul K. Barrett and is the plaintiff in a divorce action filed at 2000-7355
in Cumberland County, Pennsylvania. His address is P. O. Box 100, New Cumberland,
Cumberland County, Pennsylvania 17070.
2.
The respondent is Theresa B. Barrett, and is the defendant in this divorce action. Her
address is 630 Colonial Avenue, York, Pennsylvania 17403.
3.
The petitioner seeks the following relief from the Court:
a. Equitable distribution of the marital assets.
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WHEREFORE, the petitioner, Paul K. Barrett, requests the relief set forth above.
Respectfully submitted,
IRWIN, McKNIGHT & HUGHES
By:
Marcus A. Mc III, Esquire
60 West Pomfret Street
Carlisle, PA 17013
717-249-2353
Supreme Court LD. No: 25476
Attorney for the plaintiff/petitioner,
Paul K. Barrett
Date: June 1,2001
2
VERIFICATION
The foregoing Petition is based upon information which has been gathered by
counsel and myself in the preparation of this action. I have head the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pac C.S.A. Section
4904, relating to unsworn falsification to authorities.
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PAUL K. BARRETT
Date:
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,
.2001
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PAUL K. BARRETT,
PlaintiffJPetitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-7355--CIVIL TERM
THERESA B. BARRETT,
DefendantJRespondent
IN DIVORCE
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition was
served upon the following by depositing a true and correct copy of the same in the United States
mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and
addressed as follows:
Theresa B. Barrett
630 Colonial Avenue
York, PA 17403
IRWIN, McKNIGHT & HUGHES
By: Mar sA. Mc
60 West Pomfret
Carlisle, PA 17013
(717) 249-2353
Supreme Court LD. No. 25476
Date: June 5, 2001
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