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HomeMy WebLinkAbout03-6189CAROLYN BARNARD, Plaintiff ROBERT BAR_NARD Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE : ~ ~/'~IVILC :NO. TERM NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. CAROLYN BARNARD, Plaintiff ROBERT BARNARD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE : NO, 03- ~./~'q' CIVIL TERM COMPLAINT UNDER 23 Pa.C.S. §§ 3301(a)(1), (a)(6), (c), (d) OF THE DIVORCE CODE The plaintiff, Carolyn Barnard, by her attorneys, the Family Law Clinic, sets forth the following cause of action: I. Plaintiff is Carolyn Barnard, who currently resides at 73 West Main Street, Newville, Pennsylvania. 2. Defendant is Robert Barnard, who currently resides at 601 East Fourth Street, Apartment 47, Winchester, Indiana. 3. Plaintiffhas been a bona fide resident of Cumberland County and the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on June 20, 1981 in Newville, Pennsylvania. 5. Plaintiff and defendant have lived separate and apart since August 9, 2003. 6. There have been no prior actions for divorce or annulment between the parties. 7. The Defendant committed willful mad malicious desertion, and absence from the habitation of the injured and innocent spouse, without a reasonable cause. 8. Defendant has offered such indignities to the innocent and injured plaintiff as to render plaintiff's condition intolerable and life burdensome. 9. The marriage is irretrievably broken. 10. Plaintiff has been advised that counseling is available and that plaintiff or defendant may have the right to request that the court require the parties to participate in counseling. WHEREFORE, plaintiff requests the court to enter a decree of divorce dissolving the marriage. Date Tram L. Naugle O Certified Legal Intern ROBERT E. RAINS ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 717/243-2968 VERIFICATION I verify that the statements made in the foregoing complaim are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me tot he penalties of 18 Pa,C.S. §4904, relating to tmswom falsification to authorities. Date ard Plaintiff CAROLYN BARNARD, Plaintiff ROBERT BARNARD, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE :NO. d2.~' ~.~/ffq CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Carolyn Bamard, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date Respectfully submitted, Traci L. Naugle Certified Legal Intern ROBERT E. RAINS ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243 -2968 CAROLYN BARNARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA ROBERT BARNARD, Defendant CIVIL ACTION - LAW IN DIVORCE NO. 03-6189 CIVIL TERM PROOF OF SERVICE Understanding that the making of any false statement would subject her to the penalties of 18 Pa. C. S. §4904 (relating to unsworn falsification to authorities), the undersigned verifies that the Family Law Clinic mailed a true copy of the Divorce Complaint on the Defendant by placing the same in the U.S. Mail, certified no.7000 1670 0001 8781 9975, restricted delivery, return receipt requested, postage prepaid, on the 2nd day of December, 2003, addressed as follows: Robert Barnard 601 East 4th Street Apartment 47 Winchester, IN 47394 Sender's receipt number 7000 1670 0001 8781 9975 is attached hereto and incorporated by reference. On or about the 8th day of December, 2003, green return receipt number 7000 1670 0001 8781 9975 was delivered to the Family Law Clinic, bearing the signature of Robert B arnard, and showing a date of service of the 5th of December, 2003. The return receipt is attached hereto and incorporated by reference. Alys{a L. Hudock Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St Carlisle, PA 17013 (717) 342-2968 Carolyn Bamard, Plaintiff Robert Barnard, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1N DIVORCE :NO. 03- 6189 CIVIL TERM AFFIDAVIT OF CONSENT A complaint for divome under § 3301 (c) of the Divorce Code was filed on November 25, 2003. The marriage of the plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 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. § 4904 relating to unswom falsification to authorities Carolyn Barnaard, Plaintiff Carolyn Barnard, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Robert Barnard, Defendant CIVIL ACTION - LAW IN DIVORCE NO. 03- 6189 CIVIL 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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorces until a divorce decree is entered by the Court and a 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: Carolyn Bamard, Plaintiff Robert Barnard, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE : : NO. 03- 6189 CIVIL TERM AFFIDAVIT OF CONSENT A complaint for divorce under § 3301 (c) of the Divorce Code was filed on November 25, 2003. The marriage of the plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I consent to the entry ora 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 unsworn falsification to authorities ~~ Carolyn Bamard, Plaintiff Robert Barnard, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DWORCE : : NO. 03- 6189 CIVIL 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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorces until a divorce decree is entered by the Court and a 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 unswom falsification to authorities. Date:~/~'[ O~ CAROLYN BARNARD, Plaintiff ROBERT BARNARD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE : : : NO. 03-6189 CIVIL TERM _PRAECIPE TO TRANSMIT THE 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 Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: December 5, 2003, by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the plaintiff, March 15, 2004; by the defendant, March 9, 2004. 4. Related claims pending: none. 5. Date plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the pronthonotary: March 15, 2004. Date defendant's Waiver of Notice in §3301(c) Divorce was filed with the pronthonotary: March 15, 2004. Date: March 15, 2004 Aly~ia L. Hudock Certified Legal Intern/' TH~ PLAC~,~_.~ ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243 -2968 CAROLYN BARNARD, Plaintiff ROBERT BARNARD, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 03-6189 CIVIL TERM CERTIFICATE OF SERVICE I, Alysia L. Hudock, hereby certify that on this 15th day of March, 2004, I am serving a tree and correct copy of the Plaintiff's and Defendant's Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree Under 3301(c) of the Divorce Code, Pmecipe to Transmit Record, and Divorce Information Sheet on Robert Barnard, residing at 601 East 4® Street, Apartment 47, Winchester, IN 47394, by first class U.S. mail, postage prepaid. Date Alysi~(L. Hudo~k Certified Legal Intern FAMILY LAW CL1NIC 45N. Pi~ St. Carlisle, PA 17013 717-243-2968 IN THE COURT OF COMMON PLEAS Carolyn Barnard Plaintiff VERSUS Robert Barnard Defendant OF CUMBERLAND COUNTY STATE OF PENNA. NO. 03-6189 DECREE iN DIVORCE AND NOW, , 2004 , IT iS ORDERED AND DECREED THAT Carolyn Barnard , PLAINTIFF, an D Robert Barnard DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THiS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None ATTEST: OTHONOTARY