Loading...
HomeMy WebLinkAbout00-07370 "' . -,-' -;",", ~' - _.__c .'<~~~ _' ~--I._c"_ '. - ~, 'J _ ;,,->,.~., '.;: ; , ,~ .;_ -.' - -t--.-;_,,~;,~ .:,..'" " - ~ '-- -'-'i'<iL! Amy Barnette Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE Antonio Barnette Defendant : NO. OO-7.3~IVIL TERM 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 the 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. 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 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. '"-".,- -,,-;: ._,^-,-" c ;;c, _--,-.~._--," "i, "'-.J=w__Lc-~~,,,~_- ._-""] "'-> .,,' -" ;'-'_"'-<,_o..,c__: ~:"","_,-.:,y{;,_~ OJ) _ _ c-_-,c..:~;;._: . Amy Barnette, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : IN DIVORCE Antonio Barnette, Defendant : NO. 00- 737D CNIL TERM COMPLAINT FOR DIVORCE The plaintiff, Amy Barnette, by her attorneys, the Family Law Clinic, sets forth the following cause of action: COUNT I DIVORCE UNDER 23 Pa.C.S. !l!l3301(c), 3301(d) and 3301(a)(6) OF THE DIVORCE CODE I. Plaintiff is Amy Barnette, who currently resides at: 5 North Bedford Street, Apt.4, CarlislePA 17013 2. Defendant is Antonio Barnette, whose current address is unknown. Mr. Barnette is employed by: Overnite Transportation, 6060 Carlisle Pike, Mechanicsburg, P A 17055. 3. Plaintiff has been a bona fide resident of Cumberland County and the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on March 18, 1997. 5. Plaintiff and defendant have lived separate and apart since May 1, 2000. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff avers that defendant, in violation of his marriage vows under the laws of the Commonwealth of Pennsylvania, has offered such indignities to the person of the plaintiff, his ~ _ i . ".,,-' ~ -;"~ - N-" -,'~:_~__ ib ^ I,', - ".~' - '- ..', ~.,,;, ',_, ";;e:-"_i;G.;_-""~:i<';;>/_' --,--,:,~- injured and innocent spouse, as to render the condition of the plaintiff intolerable, and life burdensome. 9. Plaintiff has been advised that counseling is available and that plaintiff or defendant may have the right to request that the court require the parties to participate in counseling. WHEREFORE, plaintiff requests the Court to enter a decree of divorce dissolving the marriage. COUNT II ALIMONY 10. Plaintiff repeats and realleges paragraphs one through eight. 11. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standards ofliving established during the marriage. 12. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to support herselfthrough appropriate employment. 13. Defendant is employed as a laborer and is financially able to provide for the reasonable needs of the plaintiff. WHEREFORE, plaintiff requests the court to enter an award of reasonable alimony, and such other relief as the Court deems just. ""'--"" . ,'.-,,<< ,---- ,,- - "~ , _ _C '" .",u. ,.-1.-,,-_-.; ,"_-;"1-",. "_., "'_ __. .__~_.._,,, c_,;" .;,,: ~.~ ,,~,- . COUNT III EQUlT ABLE DISTRIBUTION 14. Plaintiff repeats and realleges paragraphs one through thirteen. 15. Plaintiff and defendant have acquired property during their marriage, including, but not limited, to a 1993 Honda Accord and a pension plan. WHEREFORE, plaintiff requests the Court to enter a decree dividing the property equitably between the parties and such other relief as the court deems just. Date \c'\ \"( \ \1 e:.l \ I ~~,L Andrew C. Spears Certified Legal Intern ;;; L ~1 T SM.PLAC ROBERT E. RAINS Supervising Attorney TERI 1. HENNING Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717/240-5204 .,0","'_' ri",,~, ~'~''''I,~' ,.I~ _n',. ~.;.-"'. ~_;""n>',_",;~";i?~-iCo'-"r:;"'"' .:,. .', ~, , r.-"''''''''''~'.: . .'. 'J VERIFICATION Understanding that the making of any false statement would subject Amy Barnette to the penalties of 18 Pa. C.S. 94904, the undersigned verifies that the statements made in the foregoing Complaint are true and correct, to the best of Amy Barnette's knowledge, information and belief. Cl~~Mfikr Plaintiff ." .1IiiIillrI~" -~..J"~~Y!iN~liiildl/iljj-Jil' ~~~ilml'_' 10... C_ 1'(.-m;;Um) ~..nn. ...........__, ........ ~PL.AIW ~ATEO. _'!...~f.!.........................J.~.... .................... PROTHONOTARY ., -~, O~ .. ^' ".." ~ ..., -~.~ ," ..:. '- ':;'''-4.~' --. ". --- - .~- l " , (") ,-' C) ... c= 0 n 2"" 0 ---1 -r.::; L; , C'""") !l) ~.; -< ... ....n 1!--7 ---q t; \-J.) l:::J C' f' ~-.::::: .. '> , -- ""'.- C;. - ,. ') r:- .:~) m .. .~- .:::.-1 -'-I ::'.( -<, .- ~ n,-" "_'~"~",_"- 1'";;"_~I.i, ,'_.,", ~'_,.i;;~_,."-,,,,,,"-;--,~-/~---~,,,- i, ,~"-<",' ',J, Amy Barnette, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW Antonio Barnette, Defendant NO. 00- 737D CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Amy Barnette, Plaintiff, to proceed in forma pauperis. I, Andrew C. Spears, Certified Legal Intern in the Family L,aw Clinic, for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. CL.LC.Q Andrew C. Spears Certified Legal Intern ) J- L t-. ~E.RAINS '-~ THOMAS M. PLACE Supervising Attorney TERI L. HENNING Staff Attorney THE F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 '-,,' -^'~"'-=--"",>- - - - ',,--.--,"-- ~-, '. '-,-'.., '" ,,:,, ^-~ -, ~,. '.,. - '-':;:',,' -'.,- ;';""1,.,-- _;._. ,_~ '"J._~;;; ~:l!&;,.;.j1:i.;.",.<"_h..'1,{!.;->~,,__', ~ '~~"'_~~':! Amy Barnette, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CNIL ACTION - LAW Antonio Barnette, Defendant : NO. 00-73?OCIVIL TERM AFFIDAVIT SUPPORTING PRAECIPE FOR LEAVE TO PROCEED IN FORMA PAUPERIS I. I am the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs oflitigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: Amy Barnette Address: 5 North Bedford Street Apt. 4, Carlisle, PA 17013 Social Security No.: 190-54-2097 (b) Employment If you are presently employed, state Employer: Middlesex Diner Address: 1803 Harrisburg Pike, Carlisle, PA 17013 Salary or wages per month: $750 Type of work: Waitress If you are presently unemployed, state Date oflast employment: Salary or wages per month: Type of work: (c) Other income within the past twelve months Business or profession: $0 Other self-employment: $0 Interest: $0 Dividends: $0 Pension and annuities: $0 Social security benefits: $0 <~ . ~" -,;". '-'~-' -,-, ;"-""~", ~-_ ';h-'.:. ;. .-.,,,',..-;~. __:_U('_c,;_,~--;::;-"Y~'''"-:'..,"___,-<'j__, ;- ',,' .~~. Support payments: $0 Disability payments: $0 Unemployment compensation and supplemental benefits: $0 Workman's compensation: $0 Public Assistance: $0 Other: $0 (d) Other contributions to household support (Wife)(Husband) Name: $0 If your (wife)(husband) is employed, state Employer: Salary or wages per month: Type of work: Contributions from children: $0 Contributions from parents: $0 Other contributions: $0 (e) Property owned Cash: $0 Checking account: $1 Savings account: $0 Certificates of deposit: $0 Real estate: $0 Motor vehicle: 1993 Honda Accord Cost, Amount Owed $61.83 per week until May 2001 Stocks; bonds: $0 Other: $0 (f) Debts and obligations Mortgage: $0 Rent: $450 per month Loans: $0 Electric: $50 per month Car Insurance: $70 per month (g) Persons dependent upon you for support (Wife)(Husband) Name: Children, if any: Name: Age: Adasha Schwartzbauer 4 Ashayna Bamette 2 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. , ~ 4.>,"'.'"~ '0"_ ." "":"""'._'= C._" c,'. "1<:- "N'" '. ,:"'.,j;";~""___,,,,"'._~ ... ~.~. .,""~_~j,,,,~J.V. O,>",';''f ~ _~ .. --'~~ 5. 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. S:4904, relating to unsworn falsification to authorities. Date 1Q.:1t:oo Q~~ Petitioner jlliI -,.",_.<,,,,,",,,,,,"~!lI.i.iWll.l -1"' ~'?" ~.'I ~"", ~".".<~~ ~~_ __~~,,~, '-_^ ~iBW~';"'i.t." ,~_.... - " -~- ""'. -'''.'' '~~;. . -,.. r'. E'1{ . L:":J: ~<I:: ~ '-,.( ,~, , o c ~~ -< . C) C:::::J :::> :-') -.< :j il __.l ID CJ cr-; 'cj ~;-n '".-). ~ -< ~ , .n_1. ,. . """-" Amy Barnette, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW :IN DNORCE Antonio Barnette, Defendant :NO. 00-7370 CIVIL TERM PRAECIPE TO REINSTATE THE COMPLAINT To the Prothonotary: Please reinstate the complaint in the above-captioned case. Dated: ;;/PI/ffJ ~'-~/ Thomas M. Place Robert E. Rains SUPERVISING ATTORNEYS Teri L. Henning STAFF ATTORNEY F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Attorneys for Plaintiff tiili'^' ik.,~_~ i>d:IiJ!~~.r~\M'@Fi~~1l3~;' LL , ~. """,~..,.,~ <"' ;"'~~ ,>'- ~""'" ._~- "iill.I.l"" ]Jii'" .. -, -,- _,,-,.~~I-..~.. _0"," o c, o \~>'\ ~-'} o c ~..:. "'\.10:1 n~f\\ z:c -Zc:;. (fl >--. :<'..?:--- yO ::PC:;; ~C) )>C --7' ~ ...... - ~"~~': o --n -c -;::t- N -.. <,~~ '.'~?\~S. :;::....;-; [;4(~ fo:;rn ~ -.,. ?t W 0' "