HomeMy WebLinkAbout00-07760
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
MARK R. CARBAUGH
No. 2000-7760
Pl;,;ntiff
VERSUS
HF.TDr M. CARBAUGH
Defendant
DECREE IN
DIVORCE
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~ , IT IS ORDERED AND
AND NOW,
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DECREED THAT Mark R. Carbauqh
, PLAINTIFF,
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Hpidi M. CArhAugh
, DEFENDANT,
AND
ARE DIVORCE:D FROM THE BONDS OF MATRIMONY.
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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;
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None
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PROTHONOTARY
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MARK R. CARBAUGH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
IN DIVORCE
HEIDI M. CARBAUGH,
Defendant
NO. 2000-7760
PRAECIPE TO TRANSMIT THE RECORD
To the Prothonotary:
Please transmit the record, together with the following information, to the court for entry
of a divorce decree:
1. Ground for divorce: irretrievable breakdown of the marriage under 9 3301 (d) (1) ofthe
Divorce Code.
2. Date and manner of service of the complaint: Served on Defendant by U.S. mail,
certified, restricted delivery, return receipt requested, postage prepaid. Service was
complete upon receipt by Heidi Carbaugh in November, 2000.
3. Date of execution of the affidavit required by g3301(d) of the Divorce Code: February 6,
2003 ; Date of filing and service of the plaintiff s affidavit upon the respondent: February
6,2003.
4. Related claims pending: none
5. Date and manner of service of the notice of intention to file a praecipe a copy of which is
attached: United States Postal Service, First class mail, May 28, 2003.
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Date:
(P//<6 / 03
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Michael Parker
Certified Legal Intern
Attorney for Defendant
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ROB E INS
THO S M. PLACE
Supervising Attorney
LUCY JOHNSTON-WALSH
Staff Attorney
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
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MARK R. CARBAUGH,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000 -'ttVl:) CIVIL TERM
HEIDI M. CARBAUGH,
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 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, Peunsylvania 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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MARK R. CARBAUGH,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000 - 77':<1 CIVIL TERM
HEIDI M. CARBAUGH,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c)
OF THE DIVORCE CODE
AND NOW comes the Plaintiff, Mark R. Carbaugh, by and through his attorney,
Douglas G. Miller, Esquire, and files this complaint in divorce against the Defendant, Heidi M.
Carbaugh, representing as follows:
1. The Plaintiff is Mark R. Carbaugh, an adult individual residing at 1420 Bradley
Drive, Apt. #311, Carlisle, Cumberland County, Pennsylvania 17013.
2. The Defendant is Heidi M. Carbaugh, an adult individual residing at 506 North
Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013.
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 April 7, 1998 in Mt. Holly
Springs, Pennsylvania, and separated on September ~8, 2000.
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5. There have been no prior actions of divorce or for annulment between the parties.
6. There were two (2) children born to this marriage, namely Zachary T. Carbaugh,
born January 2, 1997, age three (3) years, and Rayven 1. Carbaugh, born October 30, 1998, age
two (2) years.
7. There has been no prior action for divorce or annulment instituted by either of the
parties in this or any other jurisdiction.
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 ill
counseling.
COUNT I.
REQUEST FORNO FAULT DIVORCE
UNDER ~3301(c) OF THE DIVORCE CODE
9. The prior paragraphs of this Complaint are incorporated herein by reference.
10. Pursuant to the Divorce Code, Section 3301(c), the Plaintiff avers as the grounds
upon which this action is based that the marriage between the parties is irretrievably broken.
11. After ninety (90) days have elapsed from the date of the filing of this Complaint,
Plaintiff intends to file an affidavit consenting to a divorce, and believes that Defendant may also
file such an affidavit.
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WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage
between the two parties pursuant to Section 3301(c) of the Divorce Code.
COUNT II.
REQUEST FOR CONFIRMATION OF CUSTODY
UNDER ~3104(a)(2) AND ~3323(b)
OF THE DIVORCE CODE
12. The prior paragraphs of this Complaint are incorporated herein by reference.
13. The parties are the parents of two (2) minor children born to this marriage, namely
a son, Zachary T. Carbaugh, born January 2,1997, age three (3) years, and a daughter, Rayven L.
Carbaugh, born October 30, 1998, age two (2) years.
14. Plaintiff requests shared legal and physical custody with Defendant of the minor
children born to the marriage.
15. The best interests and permanent welfare of the children requires that the Court
grant Plaintiff s request as set forth above.
16. Plaintiff has no information of a custody proceeding concerning the children
pending in a court of this Commonwealth or in any other state.
17. Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the children and claims to have custody or visitation rights with respect to
the children.
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WHEREFORE, the Plaintiff respectfully requests judgment confirming shared legal and
physical custody of the minor children between Plaintiff and Defendant pursuant to Sections
3104(a)(2) and 3323(b) of the Divorce Code.
Respectfully submitted,
IRWIN, McKNIGHT & HUGHES
By:
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Dougla G. Miller, squire
Attorney for Plaintiff
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Supreme Court I.D. No. 83776
Date: November 1st ,2000
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VERIFICATION
The foregoing Complaint is based upon information which has been gathered by my
counsel and myself in the preparation of this action. I have read 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 Pa.C.S.A. Section
4904, relating to unsworn falsification to authorities.
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MARK R. CARBA
----
Date: November 1st
,2000
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLV ANlA
: CIVIL ACTION - LAW
: DIVORCE, CUSTODY
MARK R. CARBAUGH,
Plaintiff
HEIDI M. CARBAUGH,
Defendant
: NO. 00-7760 CIVIL TERM
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under 93301(c) of the Divorce Code was filed on November
1, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree.
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 1 J~ J/)I
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HEIDI M. CARBAUGH, Defendant
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MARK R. CARBAUGH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
IN DIVORCE
HEIDI M. CARBAUGH
Defendant
NO. 2000-7760
NOTICE TO PLAINTIFF
If you wish to deny any of the allegations set forth in this affidavit, you must file a
counter-affidavit within twenty days after this affidavit has been served on you or the statements
will be admitted.
DEFENDANT'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE
1. The parties to this action separated on September 18, 2000, and have continued to live
separate and apart for a period of at least 2 years.
2. The marriage is irretrievably broken.
3. I understand that I may lose rights concerning alimony, division of property, laywer's
fees or expenses i[J 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. 94904, relating to unsworn
falsification to authorities.
Date:~5
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Heidi M. Carbaugh
Defendant
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: DIVORCE, CUSTODY
MARK R. CARBAUGH,
Plaintiff
HEIDI M. CARBAUGH,
Defendant
: NO. 00-7760 CIVIL TERM
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
&3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a [mal decree of divorce without notice.
2. 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.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me innnediately 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: t..{ loi.f> I 0 1
~ril., 111. tW()J4'C
IDI M. CARBAUGH, Defendant
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MARK R. CARBAUGH,
Plaintiff
: IN THE COuRT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN CUSTODY
HEIDI M. CARBAUGH,
Defendant
: NO. 00-7760 CIVIL TERM
CERTIFICATE OF SERVICE
I, Katherine E. Bavoso, hereby certify that I served a true and correct copy of the Waiver
Of Notice Of Intention To Request Entry Of A Divorce Decree and Affidavit Of Consent for
defendant, Heidi M. Carbaugh, on the following person, counsel for defendant, by depositing a
copy of the same in the United States mail, postage prepaid, the 25th day of April, 2001:
Douglas G. Miller, Esq.
60 West Pomfret Street
Carlisle, PA 17013-3222
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Katherine E. Bavoso
Certified Legal Intern
FAMILY LAW CLINIC
45 N. Pitt St.
Carlisle, PA 17013
717-243-2968
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MARK R. CARBAUGH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
IN DIVORCE
HEIDI M. CARBAUGH
Defendant
NO. 2000-7760
CERTIFICATE OF SERVICE
I, Sara 1. Myer, hereby certifY that I am serving a true and correct copy of the
Defendant's Affidavit under Section 3301(d) of the Divorce Code on Mark R. Carbaugh, 53
Smith Road, Gardeners, Cumberland County, Pennsylvania, 17324, by placing the same in the
U.S. mail, first class, postage prepaid on this date.
Date:~;'
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Certified Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, Pennsylvania 17013
(717) 243-2968
Fax: (717) 243-3639
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MARK R. CARBAUGH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
IN DIVORCE
HEIDI M. CARBAUGH
Defendant
NO. 2000-7760
NOTICE OF INTENTION TO REQUEST ENTRY
OF ~ 3301(d) DIVORCE DECREE
TO: Mark R. Carbaugh
You have been sued in an action for divorce. You have failed to file a counter-affidavit
to the 9 3301(d) affidavit. Therefore, on or after June 18,2003, 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 wi1110se forever the right to
ask for economic relief. The filing of the form counter-affidavit alone does not protect your
economic claims.
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, P A 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court 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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MARK R. CARBAUGH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
IN DIVORCE
HEIDI M. CARBAUGH
Defendant
NO. 2000-7760
PLAINTIFF'S COUNTER-AFFIDAVIT UNDER 6330Hd)
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) or both):
( ) (i) The parties to this action have not Jived 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, lawyer's fees or expenses in 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 (b) above, I must also file all of my economic
claims with the prothonotary in writing and serve them on the other party. If! 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.
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I verify that the statements made in this counter-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
Mark R. Carbaugh
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 THIS COUNTER-AFFIDAVIT.
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MARK R. CARBAUGH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
IN DIVORCE
HEIDI M. CARBAUGH
Defendant
NO. 2000-7760
CERTIFICATE OF SERVICE
I, Michael Parker, hereby certifY that I served a Counter-Affidavit and a Notice of
Intention to Request Entry of a Divorce Decree on Mark Carbaugh on , by
first class United States mail, at the following address:
Mark Carbaugh
P.O. Box 813
Carlisle, PA 17013
Date:
-
Michael Parker
Certified Legal Intern
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, PA 17103
(717) 243-2968
Fax: (717) 243-3639
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MARK R. CARBAUGH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
IN DIVORCE
HElm M. CARBAUGH
Defendant
NO. 2000-7760
CERTIFICATE OF SERVICE
I, Michael Parker, hereby certify that I served a Counter-Affidavit and a Notice of
Intention to Request Entry of a Divorce Decree on Mark Carbaugh on S? z.? / ():] , by
first class United States mail, at the following address: .
Mark Carbaugh
P.O. Box 813
Carlisle, P A 17013
Date: /;/2.."1/03
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Michael Parker
Certified Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17103
(717) 243-2968
Fax: (717) 243-3639
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
NO. 2000-7760
MARK R. CARBAUGH,
Plaintiff
HEIDI M. CARBAUGH,
Defendant
CERTIFICATE OF SERVICE
I, Katherine E. Bavoso, Certified Legal Intern, Family Law Clinic, hereby certify that I
am serving a true and correct copy of Praecipe to Enter Appearance on Douglas G. Miller, at
Irwin, McKnight & Hughes, West Pomfret Professional Building, 60 West Pomfret Street,
Carlisle, PA 17013-3222, by depositing a copy of the same in the United States mail, First Class,
postage prepaid, this 12th day of February, 2001.
XCfl-hM..lVll / i: &vD?S-n
Katherine E. Bavoso
Certified Legal Intern
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
IN DIVORCE
NO. 2000-7760
MARK R. CARBAUGH,
. Plaintiff
HEIDI M. CARBAUGH
Defendant
PRAECIPE TO ENTER APPEARANCE
To the Prothonotary:
Please enter the appearance of the Family Law Clinic on behalf of Heidi M. Carbaugh,
the Defendant in the above captioned matter.
February 12, 2001
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Katherme E. Bavoso
Certified Legal Intern
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THOMAS M. PLACE
Supervising Attorney
TERI HENNING
Staff Attorney
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717/243-2968
717/243-3639
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MARK R. CARBAUGH,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
No. dOOO -7":f(pf)
HElm M. CARBAUGH,
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this
(,~ day of rJ~
, 2000, upon presentation and
consideration of the attached stipulation and agreement of the parties, it is hereby ordered and
decreed that the attached agreement is made an Order of Court.
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
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v.
CIVIL ACTION - LAW
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No. ~- '7'1/'0 '
HEIDI M. CARBAUGH,
Defendant
IN CUSTODY
STIPULATION AND AGREEMENT
THIS STIPULATION AND AGREEMENT entered into this r1Ehl day of October,
2000, by and between MARK R. CARBAUGH (hereinafter referred to as "Father"), and HEIDI
M. CARBAUGH (hereinafter referred to as "Mother").
WHEREAS, Father and Mother are the natural parents of a son, Zachary T. Carbaugh,
born January 2, 1997, and a daughter, Rayven 1. Carbaugh, born October 30,1998; and
WHEREAS, Father and Mother desire to enter into a comprehensive custody stipulation
and agreement setting forth the physical and legal custody arrangements for their minor children,
to be in effect hereafter and until altered by subsequent Order of Court; and
WHEREAS, Father and Mother desire to confirm their agreement relative to custody of
their minor children and execute a Stipulation and Agreement to effect the same.
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NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as
follows:
1. The parties shall have shared legal custody of Zachary T. Carbaugh and Rayven
1. Carbaugh. All decisions affecting the children's growth and development shall be considered
major decisions and shall be made by the parents jointly, after discussion and consultation with
each other, and with a view towards obtaining and following the children's best interests which
decisions shall include, but not be limited to all decisions regarding their medical and dental
treatment, religious upbringing, education, scholastic or athletic pursuits, and other
extracurricular activities.
2. The parties shall have joint physical custody of Zachary T. Carbaugh and Rayven
L. Carbaugh. The dates and transfer times of such custody are to be scheduled in consideration
of Father's work schedule and scheduled to allow equal periods of physical custody by each
party as mutually agreed upon by the parties.
3. During the Christmas holiday, custody shall be split between Father and Mother,
with one parent enjoying custody during segment "a" and the other parent enjoying custody
during segment "b" as described hereafter, whereby each parent's segment shall alternate on an
annual basis and according to the following schedule:
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a. Segment "a" shall begin on December 24th of each year and shall continue
until Christmas Day with the transfer times to be mutually agreed upon by the
parties.
b. Segment "b" shall begin on Christmas Day and shall continue until December
26th of each year with the transfer times to be mutually agreed upon by the
parties.
c. Father shall enjoy custody of the minor child pursuant to segment "a" in 2000,
with Mother enjoying custody pursuant to segment "b" in 2000.
4. Mother shall always have custody of the children on Mother's Day, and Father
shall always have custody of the children on Father's Day.
5. Custody of the children for all other Holidays not specifically mentioned herein
shall be divided equally each year by mutual agreement of the parties scheduled to allow equal
periods of physical custody by each party.
6. The parties will keep each other advised inunediately relative to any emergencies
concerning the minor children and shall, further, take any necessary steps to ensure that the
health and well being of the children is protected. During such illoess or medical emergency,
each party shall have the right to visit the children as often as he/she deems consistent with the
proper medical care of the children.
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7. The parties agree that there shall be reasonable telephone contact with the
children during the periods when the children are not in the custody of that party.
8. Neither party shall do anything that may estrange the children from the other
party, or injure the opinion of the children as to the other party, or may hamper the free and
natural development of the children's love or affection for the other party. Both parties shall
take all reasonable steps to ensure that third parties having contact with the children comply with
this provision.
9. Neither party shall schedule activities or appointments for the children which
would require their attendance or participation at said activity or appointment during a time when
they are scheduled to be in the physical custody of the other parent without that parent's express
prior approval.
10. It shall be the obligation of each parent to make the children available to the other
in accordance with the physical custody schedule and to encourage them to participate in the
plan hereby agreed and ordered.
11. Each party shall be entitled to complete and full information from any doctor,
dentist, teacher or other similar authority and have copies of any reports given to them as a
parent. Such documents include, but are not limited to, medical reports, academic and school
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report cards, and birth certificates. Both parents may and are encouraged to attend school
conferences and activities.
12. Neither party shall remove the children from the Commonwealth of Pennsylvania
except for vacations when said party has custody of the minor children as provided herein. Each
parent agrees to inform the other parent if he or she desires to remove the children from the
Commonwealth of Pennsylvania by providing notice at least five (5) calendar days prior to the
anticipated date of departure. In such an instance, the party who desires to remove the children,
shall provide the other parent with a general schedule of the planned vacation and its location or
locations, along with a telephone number or numbers, including area code, where the children
may be reached.
13. The parties desire that this Stipulation and Agreement be made an Order of Court
by the Court of Common Pleas of Cumberland County, and further acknowledge that the Court
of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the
parties' minor children, and shall retain such jurisdiction should circumstances change and either
party desires or requires modification of said Order.
14. The parties may temporarily alter the schedule of physical custody as is mutually
agreeable in order to accommodate special family events or other changes in their schedule. If
the parties cannot agree on any such changes, however, the terms and provisions of this Order
shall control.
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15. Any permanent modification or waiver of the provisions of this agreement must
be in writing and shall be effective only if made in writing and executed with the same formality
as this Stipulation and Agreement.
16. The parties acknowledge that entering into this Stipulation and Agreement, there
has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of
either party.
17. The parties acknowledge that they have read and understand the provisions of this
Stipulation and Agreement. Each party acknowledges that the Stipulation and Agreement is fair
and equitable and that it is not the result of duress or undue influence.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms
hereof, set forth their hands and seals the day and year fIrst above written.
WITNESS:
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H mI M. CARBAUGH
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~~
On this, the~3tlJday of OC1c)b.J..:/l- ,2000, before me the undersigned officer,
personally appeared MARK R. CARBAUGH, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within Agreement, and acknowledged that he executed
the same for the purposes therein contained.
:SS:
IN WITNESS WHEREOF, I hereunto set my hand and seal.
~~~(SEALJ
Notarial Seal
Martha L Noel, Notary Public
Carlisle Bora, Cumberlaitd Countv
My Ccmmisslon Expires Sept. 18, 21103
Member, Pennsylvania Association of Notaries
IN WITNESS WHEREOF, I hereunto set my hand and seal.
~~#fSEALJ
ary Pu Ie
Notanal Seal
Martha L Noel, Notary Public
Cartlsle Bora, Cumberland County
My Commission Expires Sept. 18,2003
Momber, """nsylvania Association of Notaries
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
IN DIVORCE
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In September of 2002, the Family Law Clinic was informed by Mr. Douglas Mii~r, {!Sq. -<
HEIDI M. CARBAUGH
Defendant
NO. 2000-7760
1.
of Irwin, McKnight & Hughes, that he no longer represents Plaintiff Mark R. Carbaugh.
However, Mr. Miller has not formally withdrawn as attorney of record in this divorce
action.
2. On April 10, 2003, the Family Law Clinic attempted to serve the Notice ofIntention to
Request Entry of the Divorce Decree, as well as the Plaintiffs Counter Affidavit on Mr.
Carbaugh, at the address of 53 Smith Road, Gardners, P A 17324, with a copy mailed to
Mr. Miller. The Notice and Counter Affidavit was returned to Family Law Clinic, marked
with "Forwarding Order Expired."
3. On May 28, 2003, Defendant Heidi Carbaugh provided the Family Law Clinic with a new
address for the Plaintiff, of P.O. Box 813, Carlisle, PA 17013.
4. On May 28,2003, the Family Law Clinic mailed by fust class, U.S. Postal Service, the
Notice of Intention to Request Entry of the Divorce Decree, as well as the Plaintiff s
Counter-Affidavit to Plaintiff Mark Carbaugh, at P.O. Box 813, Carlisle, PA 17013, with
a copy also mailed to Mr. Miller, the attorney of record. This mailing was not returned to
the Family Law Clinic.
5. On June 18,2003, the Family Law Clinic mailed to Plaintiff Mark Carbaugh, the Praecipe
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to Transmit the Record to P.O. Box 813, Carlisle, PA, with a copy mailed to Mr. Miller,
the attorney of record. This mailing was not returned to the Family Law Clinic.
Julv 3. 2003
Date
e " '~Ldct~
Lucy Jo' stq -Walsh
Supervismg Attorney
Family Law Clinic
45 N. Pitt Street
Carlisle, PA 17013
717-243-2968
cc: Mark Carbaugh
P.O. Box 813
Carlisle, P A 17013
Douglas Miller, Esq.
Irwin, McKnight & Hughes
60 W. Pomfret Street
Carlisle, PA 17013
Heidi Carbaugh
506 North Bedford Street
Carlisle, PA 17013
THERE IS AN ATTORNEY OF RECORD FOR PLAINTIFF. WHY DIDNT
THE NOTICE OF INTENTION GO TO HIM?
THE ADDRESS THE COURT AFFADAVIT AND NOTICE WAS SERVED
IS DIFFERENT THAN IN THE COMPLAINT. HOW DO WE KNOW
PLAINTIFF LIVES THERE OR GETS MAIL THERE?
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v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
MARK R. CARBAUGH,
Plaintiff
HEIDI M. CARBAUGH,
Defendant
NO. 2000-7760
CERTIFICATE OF SERVICE
I, Michael Parker, hereby certify that I served a Praecipe to Transmit the Record and Vital
Statistics form on Mark Carbaugh and the attorney of record Douglas Miller on
11...... /'l J 2.t)(J.f , by first class United States mail, at the following address:
(J ,./
Mark Carbaugh
P.O. Box 813
Carlisle, Pa 17013
Douglas Miller Esq.
Irwin McKnight & Hughes
60 West Pomfret Street
Carlisle, P A 17013
Date: ?, //1/ tlJ
,
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Michael Parker
Certified Legal Intern
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, P A 17103
(717) 243-2968
Fax: (717) 243-3639
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MARK R. CARBAUGH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
IN DIVORCE
HEIDI M. CARBAUGH
Defendant
NO. 2000-7760
AFFIDAVIT OF SERVICE
1. In September of 2002, the Family Law Clinic was informed by Mr. Douglas Miller, Esq.
of Irwin, McKnight & Hughes, that he no longer represents Plaintiff Mark R. Carbaugh.
However, Mr. Miller has not formally withdrawn as attorney of record in this divorce
action.
2. On April 10, 2003, the Family Law Clinic attempted to serve the Notice ofIntention to
Request Entry of the Divorce Decree, as well as the Plaintiff's Counter Affidavit on Mr.
Carbaugh, at the address of 53 Smith Road, Gardners, P A 17324, with a copy mailed to
Mr. Miller. The Notice and Counter Affidavit was returned to Family Law Clinic, marked
with "Forwarding Order Expired."
3. On May 28, 2003, Defendant Heidi Carbaugh provided the Family Law Clinic with a new
address for the Plaintiff, of P.O. Box 813, Carlisle, PA 17013.
4. On May 28, 2003, the Family Law Clinic mailed by first class, U.S. Postal Service, the
Notice ofIntention to Request Entry of the Divorce Decree, as well as the Plaintiffs
Counter-Affidavit to Plaintiff Mark Carbaugh, at P.O. Box 813, Carlisle, PA 17013, with
a copy also mailed to Mr. Miller, the attorney of record. This mailing was not returned to
the Family Law Clinic.
5. On June 18,2003, the Family Law Clinic mailed to Plaintiff Mark Carbaugh, the Praecipe
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to Transmit the Record to P.O. Box 813, Carlisle, PA, with a copy mailed to Mr. Miller,
the attorney of record. This mailing was not returned to the Family Law Clinic.
Julv 3. 2003
Date
Lucy Jo st -Walsh
Supervismg Attorney
Family Law Clinic
45 N. Pitt Street
Carlisle, PA 17013
717-243-2968
cc: Mark Carbaugh
P.O. Box 813
Carlisle, P A 17013
Douglas Miller, Esq.
Irwin, McKnight & Hughes
60 W. Pomfret Street
Carlisle, P A 17013
Heidi Carbaugh
506 North Bedford Street
Carlisle, PA 17013
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MARK R. CARBAUGH,
Plaintiff
HEIDI M. CARBAUGH,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
-_
CIVIL ACTION - LAW
.
2000 -'r3-/~ CIVIL TERM
_.
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 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
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 ].east 72 hours prior to any hearing
or business before the court. You must attend the scheduled ce,nference or heating.
MARK R. CARBAUGH,
Plaintiff
HEIDI M. CARBAUGH,
Defendant
: IN THE COURT OF COMMON PLEAS OF
_.
: CUMBERLAND COUNTY, PENNSYLVANIA
:
CIVIL ACTION - LAW
:
2000 - 77~ CIVIL TERM
..
IN DIVORCE
COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c)
OF THE DIVORCE CODE
AND NOW comes the Plaintiff, Mark R. Carbaugh, by and through his attorney,
Douglas G. Miller, Esquire, and files this complaint in divorce against the Defendant, Heidi M.
Carbaugh, representing as follows:
1. The Plaintiff is Mark R. Carbaugh, an adult individual residing at 1420 Bradley
Drive, Apt.//311, Carlisle, Cumberland County, Pennsylvania 17013.
2. The Defendant is Heidi M. Carbaugh, an adult individual residing at 506 North
Bedford Street, Carlisle, Cumberland County, Pennsylvania 17C, 13.
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 April 7, 1998 in Mt. Holly
Springs, Pennsylvania, and separated on September 18, 2000.
5. There have been no prior actions of divorce or fbr annulment between the parties.
6. There were two (2) children bom to this marriage, namely Zachary T. Carbaugh,
bom January 2, 1997, age three (3) years, and Rayven L. Carbaugh, bom October 30, 1998, age
two (2) years.
7. There has been no prior action for divorce or ara~ulment instituted by either of the
parties in this or any other jurisdiction.
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.
COUNT I.
REQUEST FOR NO FAULT DIVORCE
UNDER §3301(c) OF THE DIVORCE CODE
9. The prior paragraphs of this Complaint are incmporated herein by reference.
10. Pursuant to the Divorce Code, Section 3301(c), the Plaintiff avers as the grounds
upon which this action is based that the marriage between the parties is irretrievably broken.
11. After ninety (90) days have elapsed from the dmle of the filing of this Complaint,
Plaintiff intends to file an affidavit consenting to a divorce, and believes that Defendant may also
file such an affidavit.
WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage
between the two parties pursuant to Section 3301 (c) of the Divorce Code.
COUNT II.
REQUEST FOR CONFIRMATION OI7 CUSTODY
UNDER §3104(a)(2) AND §3323(b)
OF THE DIVORCE CODE
12. The prior paragraphs of this Complaint are inco]rporated herein by reference.
13. The parties are the parents of two (2) minor children bom to this marriage, namely
a son, Zachary T. Carbaugh, born January 2, 1997, age three (3) years, and a daughter, Rayven L.
Carbaugh, born October 30, 1998, age two (2) years.
14. Plaintiff requests shared legal and physical custody with Defendant of the minor
children born to the marriage.
15. The best interests and permanent welfare of the children requires that the Court
grant Plaintiff's request as set forth above.
16. Plaintiff has no information of a custody proceeding concerning the children
pending in a court of this Commonwealth or in any other state.
17. Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the children and claims to have custody or visitation rights with respect to
the children.
WHEREFORE, the Plaintiff respectfully requests judgnnent confirming shared legal and
physical custody of the minor children between Plaintiff and Defendant pursuant to Sections
3104(a)(2) and 3323(b) of the Divorce Code.
Date: November 1st ,2000
By:
Respectfully submitted,
IRWIN, McKNIGHT & HUGHES
Oougla~G. Mil~er,'Esqui~-e
Attorney for Plaintiff
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Supreme C. ourt I.D. No. 83776
VERIFICATION
The foregoing Complaint is based upon information which has been gathered by my
counsel and myself in the preparation of this action. I have read 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 Pa.C.S.A. Section
4904, relating to unsworn falsification to authorities.
MARK R. C~RBA l~ ~'
Date: lqovember lat ., 2000
MARK R. CARBAUGH,
Plaintiff
HEIDI M. CARBAUGH,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this ~,~ day of ~ ~ _, 2000, upon presentatio~ and
consideration of the attached stipulation and agreement of the parties, it is hereby ordered and
decreed that the attached agreement is made an Order of Court.
MARK R. CARBAUGH,
Plaintiff
HEIDI M. CARBAUGH,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
CIVIL ACTION - LAW
:
IN CUSTODY
STIPULATION AND AGREEMENT
THIS STIPULATION AND AGREEMENT entered into this ~$~/:lay of October,
2000, by and between MARK R. CARBAUGH (hereinafter referred to as "Father"), and HEIDI
M. CARBAUGH (hereinafter referred to as "Mother").
WHEREAS, Father and Mother are the natural parent,s of a son, Zachary T. Carbaugh,
born January 2, 1997, and a daughter, Rayven L. Carbangh, born October 30, 1998; and
WHEREAS, Father and Mother desire to enter into a c,>mprehensive custody stipulation
and agreement setting forth the physical and legal custody arrartgements for their minor children,
to be in effect hereafter and until altered by subsequent Order of Court; and
WHEREAS, Father and Mother desire to confirm their agreement relative to custody of
their minor children and execute a Stipulation and Agreement te effect the same.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as
follows:
1. The parties shall have shared legal custody of Zachary T. Carbaugh and Rayven
L. Carbaugh. All decisions affecting the children's growth and development shall be considered
major decisions and shall be made by the parents jointly, after discussion and consultation with
each other, and with a view towards obtaining and following the children's best interests which
decisions shall include, but not be limited to all decisions regarding their medical and dental
treatment, religious upbringing, education, scholastic or athletic pursuits, and other
extracurricular activities.
2. The parties shall have joint physical custody of Zachary T. Carbaugh and Rayven
L. Carbaugh. The dates and transfer times of such custody are,' to be scheduled in consideration
of Father's work schedule and scheduled to allow equal periods of physical custody by each
party as mutually agreed upon by the parties.
3. During the Christmas holiday, custody shall be split between Father and Mother,
with one parent enjoying custody during segment "a" and the other parent enjoying custody
during segment "b" as described hereafter, whereby each parent's segment shall alternate on an
annual basis and according to the following schedule:
a. Segment "a" shall begin on December 24TM of each year and shall continue
until Christmas Day with the transfer times to be mutually agreed upon by the
parties.
b. Segment "b" shall begin on Christmas Day and shall continue until December
26th of each year with the transfer times to be mutually agreed upon by the
parties.
c. Father shall enjoy custody of the minor child pursuant to segment "a" in 2000,
with Mother enjoying custody pursuant to segment "b" in 2000.
4. Mother shall always have custody of the children on Mother's Day, and Father
shall always have custody of the children on Father's Day.
5. Custody of the children for all other Holidays not specifically mentioned herein
shall be divided equally each year by mutual agreement of the parties scheduled to allow equal
periods of physical custody by each party.
6. The parties will keep each other advised immediately relative to any emergencies
concerning the minor children and shall, further, take any necessary steps to ensure that the
health and well being of the children is protected. During such illness or medical emergency,
each party shall have the right to visit the children as often as he/she deems consistent with the
proper medical care of the children.
7. The parties agree that there shall be reasonable telephone contact with the
children during the periods when the children are not in the custody of that party.
8. Neither party shall do anything that may estrange the children from the other
party, or injure the opinion of the children as to the other party, or may hamper the free and
natural development of the children's love or affection for the other party. Both parties shall
take all reasonable steps to ensure that third parties having contact with the children comply with
this provision.
9. Neither party shall schedule activities or appointments for the children which
would require their attendance or participation at said activity or appointment during a time when
they are scheduled to be in the physical custody of the other parent without that parent's express
prior approval.
10. It shall be the obligation of each parent to make the children available to the other
in accordance with the physical custody schedule and to encourage them to participate in the
plan hereby agreed and ordered.
11. Each party shall be entitled to complete and t'ull information from any doctor,
dentist, teacher or other similar authority and have copies of any reports given to them as a
parent. Such documents include, but are not limited to, medical reports, academic and school
report cards, and birth certificates. Both parents may and are encouraged to attend school
conferences and activities.
12. Neither party shall remove the children from the Commonwealth of Pennsylvania
except for vacations when said party has custody of the minor children as provided herein. Each
parent agrees to inform the other parent if he or she desires to remove the children from the
Commonwealth of Pennsylvania by providing notice at least :five (5) calendar days prior to the
anticipated date of departure. In such an instance, the party who desires to remove the children,
shall provide the other parent with a general schedule of the planned vacation and its location or
locations, along with a telephone number or numbers, including area code, where the children
may be reached.
13. The parties desire that this Stipulation and Agreement be made an Order of Court
by the Court of Common Pleas of Cumberland County, and flarther acknowledge that the Court
of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the
parties' minor children, and shall retain such jurisdiction should circumstances change and either
party desires or requires modification of said Order.
14. The parties may temporarily alter the schedule of physical custody as is mutually
agreeable in order to accommodate special family events or other changes in their schedule. If
the parties cannot agree on any such changes, however, the terms and provisions of this Order
shall control.
15. Any permanent modification or waiver of the provisions of this agreement must
be in writing and shall be effective only if made in writing and executed with the same formality
as this Stipulation and Agreement.
16. The parties acknowledge that entering into this Stipulation and Agreement, there
has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of
either party.
17. The parties acknowledge that they have read and understand the provisions of this
Stipulation and Agreement. Each party acknowledges that the, Stipulation and Agreement is fair
and equitable and that it is not the result of duress or undue influence.
1N WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms
hereof, set forth their hands and seals the day and year first above written.
WITNESS:
MARK R. CARBAUGH
HEIDI M. CARBAUGH
COMMONWEALTH OF PENNSYLVANIA :
:SS:
COUNTY OF ~ :
On this, the ¢t~ar~day of iQc"Fcglo,-J~'~ , 2000, before me the undersigned officer,
personally appeared MARK R. CARBAUGH, known to me ,(or satisfactorily proven) to be the
person whose name is subscribed to the within Agreement, m~d acknowledged that he executed
the same for the purposes therein contained.
COMMONWEALTH OF PENNSYLVANIA :
:SS:
COUNTY or :
On this, the,=:~a~ay of ~ 2000,
IN WITNESS WHEREOF, I hereunto set my hand and seal.
Notarial Seal
Martha L. Noel, Notary Public
Cadisle Bore, Cumberland County
My Commission Expires Sept, 18, 2~03
Member, P~rmsylvania Association o! Notaries
before me the undersigned officer,
personally appeared HEIDI M. CARBAUGH, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within Agreement, and acknowledged that he executed
the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and seal.
I"' Notarial Seal j
Martha L. Noel Notary Pub c I
Cadlsle Bore Cumberland County I
,My Comm ssion Expires Sept, 18, 2003 ~
Memt~r, P~flnsylvanla Association of Notaries
MARK R. CARBAUGH,
Plaintiff
V~
HEIDI M. CARBAUGH
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
NO. 2000-7760
PRAECI~E TO ENTER APPEARANCE
To the Prothonotary:
Please enter the appearance of the Family Law Clinic on behalf of Heidi M. Carbaugh,
the Defendant in the above captioned matter.
February 12, 2001
Katherine E. Bavoso -
Certified Legal Intern
~ETE ~I~S ~'
THOMAS M. PLACE
Supervising Attorney
TERI HENNING
Staff Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717/243 -2968
717/243-3639
MARK R. CARBAUGH,
Plaintiff
HEIDI M. CARBAUGH,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
NO. 2000-7760
CERTIFICATE OF SERVICE
I, Katherine E. Bavoso, Certified Legal Intern, Family Law Clinic, hereby certify that I
am serving a true and correct copy of Praecipe to Enter Appearance on Douglas G. Miller, at
Irwin, McKnight & Hughes, West Pomfret Professional Building, 60 West Pomfret Street,
Carlisle, PA 17013-3222, by depositing a copy of the same in the United States mail, First Class,
postage prepaid, this 12t~ day of February, 2001.
Katherine E. Bavoso
Certified Legal Intern
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
MARK R. CARBAUGH,
Plaintiff
HE1DI M. CARBAUGH,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIViL ACTION - LAW
: DIVORCE, CUSTODY
: NO. 00-7760 CIVIL TERM
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on November
1, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing and service of the Complaint.
3. I consent to the ent~ of a final decree of divorce after service of notice of intention to
request entry of the decree.
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 unswom
falsification to authorities.
HEIDI M. CARBAUGH, Defendant
MARK R. CARBAUGH,
Plaintiff
HEIDI M. CARBAUGH,
Defendant
: iN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: D1VORCE, CUSTODY
: NO. 00-7760 C1VIL TERM
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
§3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. 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.
3. I understand that I will not be divorced until a 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. §4904 relating to unsworn
falsification to authorities.
Date:
HEIDI M. CARBA~UGH, ~ Defendant
MARK R. CARBAUGH,
Plaintiff
HEIDI M. CARBAUGH,
Defendant
: IN THE cOURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN CUSTODY
: NO. 00-7760 CIVIL TERM
CERTIFICATE OF SERVICE
I, Katherine E. Bavoso, hereby certify that I served a true and correct copy of the Waiver
Of Notice Of Intention To Request Entry Of A Divorce Decree and Affidavit Of Consent for
defendant, Heidi M. Carbaugh, on the following person, counsel for defendant, by depositing a
copy of the same in the United States mail, postage prepaid, the 25t~ day of April, 2001:
Douglas G. Miller, Esq.
60 West Pomfret Street
Carlisle, PA 17013-3222
13ate
Kfitherine E. Bavoso
Certified Legal Intem
FAMiLY LAW CL1NIC
45 N. Pitt St.
Carlisle, PA 17013
717-243 -2968
Helen Louise Raudabaugh
Plaintiff
V.
Wilbur EIIsworth Raudabaugh
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
7776 Civil 2000
ITEMS:
Ranger PM34 -22SLL
Remington 510 Targetmaster
S &W 1000 12 ga., serial FS17046
Remington 760 pump 30-06,
serial 113402 w/scope
AND NOW, this ~,"'~Day of
ORDER
~the following Order is entered:
The protection from abuse order in the above-captioned case having expired on
June 15, 2002, and the defendant having requested the return of the
weapons/firearms held pursuant to the order, and the defendant otherwise being legally
entitled to possess the weapons/firearms, IT IS ORDERED that all weapons/firearms
held by the sheriff shall be returned to the defendant.
CC:
R. Thomas Kline, Sheriff
Cumberland County Sheriff's Office
Edgar · Ba-yle~;L~
MARK R. CARBAUGH,
Plaintiff
HEIDI M. CARBAUGH
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
NO. 2000-7760
NOTICE TO PLAINTIFF
If you wish to deny any of the allegations set forth in this affidavit, you must file a
counter-affidavit within twenty days after this affidavit has been served on you or the statements
will be admitted.
DEFENDANT'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE
1. The parties to this action separated on September 18, 2000, and have continued to live
separate and apart for a period of at least 2 years.
2. The marriage is irretrievably broken.
3. I understand that I may lose rights conceming alimony, division of property, laywer's
fees or expenses ifI do not claim them before a divorce is granled.
I verify that the statements made in this affidavit are 0me and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom
falsification to authorities.
Heidi M. Carbaugh
Defendant
MARK R. CARBAUGH, : IN THE COURT OF COMMON PLEAS OF
Plaimiff CUMBERLAND COUNTY, PENNSYLVANIA
HEIDI M. CARBAUGH :
Defendant :
CIVIL ACTION - LAW
IN DIVORCE
NO. 2000-7760
CERTIFICATE OF SERVICE
I, Sara L. Myer, hereby certify that I am serving a tree and correct copy of the
Defendant's Affidavit under Section 3301(d) of the Divorce Code on Mark R. Carbaugh, 53
Smith Road, Gardeners, Cumberland County, Pennsylvania, 1'7324, by placing the same in the
U.S. mail, first class, postage prepaid on this date.
Sara L. Myer 6/
Certified Legal Intern
FAMILY LAW CL1NIC
45 North Pitt Street
C~lisle, Pennsylvania 17013
(717) 243-2968
Fax: (717) 243-3639
MARK R. CARBAUGH,
Plaintiff
HEIDI M. CARBAUGH
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
NO. 2000-7760
CERTIFICATE OF SERVICE
I, Michael Parker, hereby certify that I served a Counter-Affidavit and a Notice of
Intention to Request Entry of a Divorce Decree on Mark Carbaugh on ~'./~,7.,/~3 , by
first class United States mail, at the following address:
Mark Carbaugh
P.O. Box 813
Carlisle, PA 17013
Date: ~--/Z- ~'/O ~
Michael Parker
Certified Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17103
(717) 243-2968
Fax: (717) 243-3639
MARK R. CARBAUGH,
Plaintiff
HEIDI M. CARBAUGH,
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
NO. 2000-7760
CERTIFICATE OF SERVICE.
I, Michael Parker, hereby certify that I served a Praecipe to Transmit the Record and Vital
Statistics form on Mark Carbaugh and the attorney of record Douglas Miller on
0~.~ /~j ~.e)a_~, by first class United States mail, at the following address:
Mark Carbaugh
P.O. Box 813
Carlisle, Pa 17013
Date:
Douglas Miller Esq.
Irwin McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
Michael Parker
Certified Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17103
(717) 243-2968
Fax: (717) 243-3639
MARK R. CARBAUGH,
Plaintiff
HEIDI M. CARBAUGH
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
NO. 2000-7760
NOTICE OF INTENTION TO REQUEST ENTRY
OF § 3301(d) DIVORCE DECREE
TO: Mark R. Carbaugh
You have been sued in an action for divorce. You have failed to file a counter-affidavit
to the § 3301(d) affidavit. Therefore, on or after June 18, 2003, the other party can request the
court to enter a final decree in divorce.
lfyou 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 form counter-affidavit alone does not protect your
economic claims.
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 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.
MARK R. CARBAUGH,
Plaintiff
HEIDI M. CARBAUGH
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
NO. 2000-7760
PLAINTIFF'S COUNTER-AFFIDAVIT UNDER ~3301(d)
OF THE DIVORCE CODE
1. Check either (a) or (b):
( ) (a) I do not oppose the entry ora divorce decree.
( ) (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both):
( ) (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.
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, lawyer's fees or expenses ifI 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 (b) above, I 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.
I verify that the statements made in this counter-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 unswom falsification to authorities.
Date
Mark R. Carbaugh
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 THIS COUNTER-AFFIDAVIT.
MARK R. CARBAUGH,
Plaintiff
HEIDI M. CARBAUGH
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PEN2qSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
NO. 2000-7760
CERTIFICATE OF SERVICE
I, Michael Parker, hereby certify that 1 served a Counter-Affidavit and a Notice of
Intention to Request Entry ora Divorce Decree on Mark Carbaugh on , by
first class United States mail, at the following address:
Mark Carbaugh
P.O. Box 813
Carlisle, PA 17013
~/lichael Parker
Certified Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17103
(717) 243-2968
Fax: (717) 243-3639
MARK R. CARBAUGH,
Plaintiff
HEIDI M. CARBAUGH,
Defendant
To the Prothonotary:
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
NO, 2000-7760
PRAECIPE TO TRANSMIT THE RECORD
Please transmit the record, together with the following information, to the court for entry
of a divorce decree:
1. Ground for divorce: irretrievable breakdown of the marriage under ~ 3301 (d) (1) of the
Divorce Code.
2. Date and manner of service of the complaint: Served on Defendant by U.S. mail,
certified, restricted delivery, return receipt requested, postage prepaid. Service was
complete upon receipt by Heidi Carbaugh in November, 2000.
3. Date of execution of the affidavit required by §3301(d) of the Divorce Code: February 6,
2003; Date of filing and service of the plaintiff's affidavit upon the respondent: February
6, 2003.
Related claims pending: none
Date and manner of service of the notice of intention to file a praecipe a copy of which is
attached: United States Postal Service, First class mail, May 28, 2003.
Date:
Michael Parker
Certified Legal Intern
Attomey for Defendant
Supervising Attorney
LUCY JOHNSTON-WALSH
Staff Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
IN THE COURT OF COMMON PLEAS
OF CUlVIBERLAND COUNTY
STATE OF .~. PENNA.
MARK R. CARBAUGH
Plaintiff
VERSUS
HEIDI M. CARBAUGH
Defendant
N O. 2000-7760
AND NOW,
DECREED THAT
DECREE IN
DIVORCE
Mark Ro Carbauqh
, IT IS ORDERED AND
PLAINTIFF,
AND He~d~ M. Carbaugh
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RE'TAINS 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
ATTEST:
PROTHONOTARY