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HomeMy WebLinkAbout07-1861r MELISSA A. BARNHART, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA VS. NO. 07 - I R, / Cc c,J T.c., KEVIN R. BARNHART, Defendant CIVIL ACTION - LAW IN'DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Dated MARCH 30, 2007 or MidPenn Legal Services 213 North Front Street Harrisburg, PA 17101 (800) 932-0356 By: *' P THOMAS P. GLEASON, ESQUIRE 95 Airport Road Shippensburg, PA 17257 (717)729-2511 Attorney for Plaintiff MELISSA A. BARNHART IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA VS. NO. 07- JFt l ( l KEVIN R. BARNHART, : Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Melissa A. Barnhart, who currently resides at 47 Owl Lane, Newville, Pennsylvania 17241. 2. Defendant is Kevin R. Barnhart, who currently resides at 103 West Point Drive, Carlisle, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 5, 2005, in Islamorada, Florida. 5. No children were born as a result of the marriage between Plaintiff and Defendant. 6. There have been no prior actions for divorce or for annulment instituted by either of the parties in this or any other jurisdiction. 7. The marriage is irretrievably broken and the Plaintiff and Defendant agree that there is no possibility of reconciliation. 8. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the Court require the parties participate in counseling. 9. The Plaintiff and Defendant participated in private counseling sessions without success in reconciling their marriage. 10. Plaintiff and Defendant have amicably completed division of their property and assets. 11. Both Plaintiff and Defendant have signed a Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(C) of the Divorce Code. 12. Ninety (90) days from the date of filing this Complaint, Plaintiff and Defendant intend to file Affidavits consenting to a divorce. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce upon filing of the Affidavits of Consent pursuant to §3301 of the Divorce Code. Dated: March 30, 2007 By: THOMAS P. GLEASON, ESQUIRE 95 Airport Road Shippensburg, PA 17257 (717) 729-2511 Attorney for Plaintiff Attorney ID #82259 VERIFICATION I verify that the statements made in this Divorce Complaint 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. ftwGUG X- &Inkm-- Melissa A. Barnhart +.o N J rn `-C fl"t x -G MELISSA A. BARNHART, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA VS. NO. 07_ IS'(, i KEVIN R. BARNHART, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO RIGHT TO COUNSELING You are one of the parties in the above captioned action in Divorce. By, virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling, please advise in writing promptly: Office of the Prothonotary Cumberland County Courthouse Carlisle, PA 17013 Deputy Prothonotary a Q !Zl R W W U G T7 t"r fl"? = rV ?; tTt ?a MELISSA A. BARNHART, Plaintiff vs. KEVIN R. BARNHART, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 67 - I S? I Ct v-d CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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. 3131lb-I [AW4. - Date Melissa A. Barnhart N 70 Fri - =') CD t - rV ?5r?l cn MELISSA A. BARNHART, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA vs. _ NO. 0-7- KEVIN R. BARNHART Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST EN'T'RY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 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. f a 17NIO r-7- Dat in art C.7 J °'? _? CJT cn A -G MELISSA A. BARNHART, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA VS. NO. KEVIN R. BARNHART, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on this L?4-k day of (Nfl CLt u , 2007 a complete copy of the Plaintiff's Complaint in Divorce has been served upon the following person by the following means: NAME & ADDRESS Kevin R. Barnhart 103 West Point Drive Carlisle, PA 17013 MEANS OF SERVICE U.S. Mail on April _ 14 '2007 Thomas P. Gleason Attorney for Melissa A. Barnhart ?n C"? ?- --?' ? ?; ?? r?'.:A 1? `x ? *? I ?. ? ?•. L?f ,y?+ _' L ? _ ?„r ?> .„, ? - ? d i ..» IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs File No. a7 _ 1 IN DIVORCE V! ?l Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] _ X prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in -Divorce dated , hereby elects to resume the prior surname of WlA?1, and gives this written notice avowing his / her intention pursuant to the provisions of 54 P. S. 704. Date u 61 ffG? /'l Signature uzjtl?. Signature o name being resumed COMMONWEALTH OF PENNSYLVANIA COUNTY OF 61-Abu/4nd On the ??day of LA_&-e- , 200_7 before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. Prothonotary or Notary Public NMMK SEAL PWM0MyMNWXPUMA COlNitiY OOHRTFiO!!BE W COMM M EMM MOMRY 4.2O14- ?"'t/N. ??1PS 7 f?'s4J ?I9A3?i°f?* {ACIY+t' . ,? 1! , A?V /? W ?J O G V f? C? C t v i r- r'[ r--a G c= N W G3 -? C? ? e iT't MELISSA A. BARNHART, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA vs. NO: 07-1861 - CIVIL TERM KEVIN R. BARNHART, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A COMPLAINT IN DIVORCE was filed between Plaintiff and Defendant on the 4th day of April, 2007. 2. The marriage between Plaintiff and Defendant is irretrievably broken and efforts at reconciliation have failed. 3. I, Melissa A. Barnhart, have received a copy of the COMPLAINT IN DIVORCE, and I have read it thoroughly and understand it. I do not wish to contest this proceeding.I do not object to the declarations made in the COMPLAINT FOR DIVORCE. I do hereby consent to the relief requested therein and to the entry of a DECREE OF DIVORCE dissolving and forever terminating the marriage between Plaintiff and Defendant. 4. I waive any and all rights I may have to a motion for a new trial, a record testimony, findings of fact and conclusions of law, notice of trial, a notice of entry of a DECREE OF DIVORCE and my right to appeal. I do not waive any future rights I may have to the modification of any judgment or decree in relation to this cause. 5. I affirm under penalty of perjury that all statements in this Affidavit of Consent are accurate to the best of my knowledge. I have filed this Affidavit of Consent in good faith and have not colluded with anyone in relation to it, nor have I been subject to any force or duress in signing it. 0J,,Vt,4 &4 hA,Z-- Melissa A. Barnhart 47 Owl Lane Newville, PA 17241 COMMONWEALTH OF PENNSYLVANIA COUNTY OF d Subscribed and sworn to before me on this 11 61- ;-D Date day of , 20 y?- . COMMONWEALTH OF PENNSYLVANIA Nomdal Seal Jawft ROOM , Nob ry PuNNc South M kfan T".. OjnbW* d County My Callnn*Wn ftlMtlt July 24.2011 Member, Penneylvanla mseeitgon of NetaHes 1 r''x Z . T MELISSA A. BARNHART, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA VS. NO: 07-1861 - CIVIL TERM KEVIN R. BARNHART, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A COMPLAINT IN DIVORCE was filed between Plaintiff and Defendant on the 4th day of April, 2007. 2. The marriage between Plaintiff and Defendant is irretrievably broken and efforts at reconciliation have failed. 3. I, Kevin R. Barnhart, have received a copy of the COMPLAINT IN DIVORCE, and I have read it thoroughly and understand it. I do not wish to contest this proceeding. I do not object to the declarations made in the COMPLAINT FOR DIVORCE. I do hereby consent to the relief requested therein and to the entry of a DECREE OF DIVORCE dissolving and forever terminating the marriage between Plaintiff and Defendant. 4. I waive any and all rights I may have to a motion for a new trial, a record testimony, findings of fact and conclusions of law, notice of trial, a notice of entry of a DECREE OF DIVORCE and my right to appeal. I do not waive any future rights I may have to the modification of any judgment or decree in relation to this cause. 5. I affirm under penalty of perjury that all statements in this Affidavit of Consent are accurate to the best of my knowledge. I have filed this Affidavit of Consent in good faith and have not colluded with anyone in relation to it, nor have I been subject to any force or duress in signing it. Kevin A. Barnhart Date 103 West Point Drive Carlisle. PA 17013 COMMONWEALTH OF PENNSYLVANIA COUNTY OF Subscribed and sworn to before me on this P' day of , 20# Z. 2 IL HOW&D, 14"y Pdac Dom bmtokw C& "Khommu 4!I tAe1?fi il, ?0'li c ? ?.?t F "1 r 1"? r" t ?? .. r?p i"(' ?.S _ ,. ?;1 tr> F?.s t? MEu%n A. &&.oRp - Pt-01 Nrfrz- VS. y..$V c N 14. 13r _rzP4vT; 1?IF? NpgrtT NO. 07- 1$(p CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: Ground for divorce: Irretrievable breakdown under §3301(c) (Strike out inapplicable section). 2. Date and manner of service of the complaint: S£R.VIcet Wks MfcOE ow APasrv 5 2.wl v?nti t? cr.?ss h ??c. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff 2/02-A'008 ; by defendant Z/0$ / zoo $ (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: t .,j a"P 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: APR-%V Lk, 2-001 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: P&OAL- Lt 1 7-001- : CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS CIVIL DIVISION Jam- PA"t-.._ Attorney for Plaintiff / Defendant F TI O ;_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ?L401% war-r- VERSUS VC V c N Z - "B'ftv?"Iwx yE.-v6.Ncx%"T- No. C)7-t$tol DECREE IN DIVORCE AND NOW, M ? f- ' C,, 5 Zopl, IT IS ORDERED AND DECREED THAT MFi?.t5SA A 1ge"ft,Actz r , PLAINTIFF, AND "4w W P?(2dJE?'IAIR-? 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; BY THE COURT: PROTHONOTARY ? i?? ? ,c??-'gyp y?'? ?o `? ?'