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HomeMy WebLinkAbout01-04088 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. REBECCA L. BARCLAY, `' ainti I Nn 2001-4088 VERSUS SCOTT E. BARCLAY, Defendant DECREE IN DIVORCE !~j~yy I~_ ~j ~- I p ~ 33 ~~/~ AND NOW, `, -- `' / ~~) , IT IS ORDERED AND REBECCA L. BARCLAY DECREED THAT SCOTT E. BARCLAY AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, 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 ATTEST: J. /~ PROTHONOTARY ,,,~ ,, .~ :- , ~~ 9~ S~ >a/ac1U~ C'~- C"('y ,,,r,~~l.~C~~~ Any ~ . ~~ ~~~ ( k ~ 1 REBECCA L. BARCLAY, Plaintiff v. SCOTT E. BARCLAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2001-4088 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint. Service was made on July 2, 2001 by serving the Complaint upon an adult individual at the Defendant's residence. 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 the Plaintiff: October 2, 2001; by the Defendant: November 27, 2001. (b) (1) Date of execution of the Plaintiff s Affidavit required by § 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: None 5. (Complete either (a) or (b); (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, and a copy of which is attached: (b) Date of execution of the Waiver of Notice of Intention to File Divorce Decree as required by § 3301(c) of the Divorce Code: by the Plaintiff: October 2, 2001; by the Defendant: November 27, 2001. Date: December 10, 2001 Attorney for Plaintiff ~ i Y t~ ~~: l w ~) '17 4 i; ~"e'~ CE ~~~ c~_. r p .~. .1 W '' -~ W ~~ CG ~~g. ~:. _ ^vi-i :: fi 4 tv>e: £;:Ff aw~+f4.ukw>'~idPN~'.+ E~~'+ ~ ~ REBECCA L. BARCLAY, Plaintiff v. SCOTT E. BARCLAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2001- `/Og8' CIVIL TERM CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the 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, Pennsylvania 17013 (717)249-3166 REBECCA L. BARCLAY, Plaintiff v. SCOTT E. BARCLAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2001- 5'ObP CIVIL TERM CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) O)~' THE DIVORCE CODE The Plaintiff, Rebecca L. Barclay, through her attorney, Thomas S. Diehl, makes the following Complaint in Divorce, and, in support thereof, avers as follows: 1. The Plaintiff, Rebecca L. Barclay, is an adult individual who currently resides at 29 Church Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Scott E. Barclay, is an adult individual whose home of record is 45 Leeds Road, Newville, Cumberland County, Pennsylvania 17241. 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on August 12, 1999 in Carlise, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Defendant is a member of the Armed Forces of the United States of America, and is currently stationed in Germany. ,..,y. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. WHEREFORE, the Plaintiff, Rebecca L. Barclay, respectfully requests your Honorable Court to enter a decree in divorce pursuant to 23 P.S. § 3301(c) or 3301(d) of the Divorce Code. Date: ~ _ ~" ~ Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717)240-0833 (717) 240-0893 - FAx Respectfully submitted, VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. REBECCA L. ARCLAY, Pla' ff REBECCA L. BARCLAY, Plaintiff v. SCOTT E. BARCLAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2001-4088 CIVIL TERM CIVIZ ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Kimberly L. Hough, an adult individual, hereby certify that a Complaint in Divorce was served upon the residence of the above-captioned Defendant, Scott E. Barclay, at 45 Leeds Road, Newville, Pennsylvania on July 2, 2001. Mr. Seiders, an adult individual living at the residence, accepted service on behalf of the Defendant who was unavailable at the time service was made. i DATE:July 2, 2001 By: ~ ~- imberly L. Hou , L al Assistant Law Offices of Tho s S. Diehl One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717)240-0833 c~ t' :~:~ F __ . lJ C© REBECCA L. BARCLAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2001-4088 CIVIL TERM SCOTT E. BARCLAY, :CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on July 2, 2001. 2. The marriage of the 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. § 4909 relating to unsworn falsif cation ttr `authorities. Date: IO ~alOl v~~ ri REBECCA L. ARCLAY, Pl iff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE L I consent to the entry of a Final Decree in 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 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. § 4909 relating to unsworn falsification to authorities. Date: O~ o , BECCA L. ARCLAY, PI ' iff r -^ ~ ~° K -Y t3 c'..` Z_- n 'Y' :~ b'~ - ' ~' . _ C ~. ?" C ~. ~ N C3 G" v , ~ -< _ i> Z5 <p REBECCA L. BARCLAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.2001-4088 CIVIL TERM SCOTT E. BARCLAY, :CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on Juiy 2, 2001. 2. The marriage of the 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. '§ 4909 relating to unsworn falsification to authorities. Date: ~!/'No/~2 ~ ~~ SCOTT E. BARCLAY, endant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I consent to the entry of a Final Decree in Divorce without notice. 2.. I understand that T 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 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.5. § 4909 relating to unsworn falsification to authorities. ,/ ~_ . I Date: ./ ~Q/ ~1 Yom. ~!~ SCOTT E. BARCLAY, ndant ~-~ r_i ~ .. ~ -'9 `) ~~ ~_ I i -:' - r^ P J' - [ (` _ N ~ < c _ _. _ -' W ~ ~,:,~ <. 0 3 ~S ~a REBECCA L. BARCLAY, Plaintiff v. SCOTT E. BARCLAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2001-4088 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter, Rebecca L. Barclay, having been granted a Final Decree in Divorce on the 14`h day of December 2001, hereby elects to resume the prior surname of BONAWITZ and gives this written notice pursuant to the provisions of 54 P.S. § 704. Date: -~ of n , ~ ~ (sj' c~ Rebecca L, c ay ~- ~~7 Rebecca L. Bbfiawitz, name bei resumed COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On the '"7 day of ~ 2002, before me, a Notary Public, personally appeared the above affiant known to me (or satisfactorily proven) to be the person whose name is subscribed to the within document- and acknowledge that she executed the foregoing for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public iVOTARIAL SEAL DAWN M. SHUGHART, Notary Public Carlisle, Cumberland County My co--- .. mm(ssio,~n Expires Nov. ab, 2ooz 4, ~ ~U ~J ~ i N NN T ~ ? __ by ;J - __ ~ ~ = S L' ~..~ --~~ t _ - `_ ~ ~ N _--~ 1~ 9~ S~ •~ ~~ ~~~ •.. .- ~ ice': SF3 ~RF.drvS~~ I r 3'u: ~FiFd~U. Ei _i REBECCA L. BONAWITZ (BARCLAY) , : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.2001-4088 CIVIL TERM SCOTT E. BARCLAY, :CIVIL ACTION -LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ~ day of IM ~""'~' , 2002, upon presentation and consideration of the attached Custody Stipulation and Agreement it is hereby ordered and directed that it be entered as an Order of Court. BY THE COURT, J. C ~~ Ou-.L¢-ty o3-il-o~ R~s ~.o Q~ . p ~ ~,L 1 dli`~ .-i~IAS\PJ~c~ ;jt~:;1'~~`~ i 1 ~'~rJ~t7 ~, ~ _m„ext^&"f ~w~',~,°~+a~F4x rBRe.+M -. A, 9F_- ,- ~ REBECCA L. BONAWITZ (BARCLAY) , : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.2001-4088 CIVIL TERM SCOTT E. BARCLAY, :CIVIL ACTION -LAW Defendant : IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into on the day and year hereinafter set forth, by and between REBECCA L. BONAWITZ, hereinafter referred to as "Mother" and SCOTT E. BARCLAY, hereinafter referred to as "Father". WHEREAS, the parties are the natural parents of Isaac Scott Barclay, born June 30, 1998; and WHEREAS, the parties wish to enter into an agreement relative to custody and partial custody of the child. NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, the parties agree as follows: 1. Mother shall maintain legal and primary physical custody of the child with periods of temporary physical custody belonging to the Father as mutually agreed upon. 2. The parties shall share physical custody of the child during the holidays as mutually agreed upon. 3. Transportation of the child shall be shared by the parties. 2 •l 4. The parties will keep each other advised immediately in the event of serious illness or medical emergency concerning the child, and shall take any necessary steps to ensure that the health and well-being of the child are protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 5. The parties shall not do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or hamper the free and natural development of the child's love and affection for the other party. 6. The parties may make such alternate arrangements regarding the physical custody of the child so long as they may mutually agree. The parties anticipate regularly varying from the terms of this Stipulation in order to accommodate the schedules of each other and the child. However, if the parties cannot reach a mutual agreement, the terms of this Stipulation and Order shall control. 7. Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 8. The parties desire that this Stipulation and Agreement be made an Order of the Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child who has resided in Cumberland County for more than six months and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 3 n4 9. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable, and that it is not the result of duress or undue influence. 10. Each party has had an opportunity to consult independent legal counsel of his or her own selection. Defendant herein specifically acknowledges that he has chosen to proceed in this matter without legal counsel, and furthermore specifically acknowledges that he is aware of his right to consult with counsel before signing the within Agreement, and has voluntarily and freely chosen not to exercise that right. Each party regards the terms of this Agreement as fair and equitable, and each has signed it freely and voluntarily without relying upon any representation other than those expressly set forth herein. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set forth their signatures the day and year herein mentioned. FEe o s aooz DATE Rebecca L. Bonawitz,l\ er 2D ~B O.Z „~~~~~ DATE Scott E. Barclay, Fathe 4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS On this ~~i!n day of ~C?•u/it' 2002, before me, the undersigned officer, personally appe ed ~' ~ known to me (or satisfactorily proven) to be the person ose name is ed to the within Agreement and acknowledge that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. f ~~ --,. Not u is IIITH THE UNIIED STATES ARMED FORCES IN EUROPE HANAU LEGAL CENT_E_R new Mpg, AF ee n.a. _-YL"1VIVSIIZPA~Q17-1 ~r (+ Cl"\T TATV~'rPS1 'Of : JJ On this ~~ day of ~ ~uctir N , 2002, before me, the undersigned officer, personally appeared Sct~`r Y E 3 cxr c1 a N known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledge that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. p~ 1 °(`1~ . 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