HomeMy WebLinkAbout08-1606I
Jeffrey B. Engle, Esquire
SHAFFER & ENGLE LAW OFFICES
129 Market Street
Millersburg, PA 17061
717-692-2345 * phone
717-692-3554 * fax
jeff@shafferengle.com
HEATHER L. BARNHART,
Plaintiff
VS.
CRAIG S. BARNHART,
Defendant
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 68 - ( (,W 6 iv i I 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 action within twenty (20) days after this Complaint and Notice
are served, by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claim set forth against you. You are warned that if
you fail to do so the case may proceed without you and a judgment may be entered against you by
the Court without further notice for any money claimed in the Complaint or for any other claim
or relief requested by the Plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
1-800-990-9108
L
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas
que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los
proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comparecenia escrita y radicando en la Corte por
escrito sus defensas de, y ojecciones a, las demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclemada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATEMNTE. SI
USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA
OFICINA PUEDE PROVEERLE INFORMACION A CERA DE COMO CONSEGUIR UN
ABOGADO.
SI USTED NO PUEDE PAGER POR LOS SERVICIOS DE UN ABOGADO. ES POSIBLE
QUE ESTE OFICINA LE PUEDE PROVEER INFORMACION SOBRE AGENCIAS QUE
OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE
CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
1-800-990-9108
HEATHER L. BARNHART, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: 0F- /GOL
NO.
VS.
CRAIG S. BARNHART, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
COMPLAINT
SECTION 3301(C) DIVORCE
1. Plaintiff is HEATHER L. BARNHART, an adult individual currently residing at
155 S. Poplar Street, Apt. 214, Elizabethtown, Lancaster County, Pennsylvania 17022.
2. Defendant is CRAIG S. BARNHART, an adult individual currently residing at
6212 Wallingford Way, Mechanicsburg, Cumberland County, Pennsylvania 17050.
3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for
at least six (6) months immediately prior to the filing of this Complaint.
4. Plaintiff and Defendant were married on April 26, 1997, in Carlisle, Cumberland
County, Pennsylvania.
5. Plaintiff avers that there has been no prior action for divorce or annulment of
marriage by the parties in this or any other jurisdiction.
6. The marriage is irretrievably broken.
7. Plaintiff avers that he has been advised of the availability of counseling and that
he may have the right to request that the Court require the parties to participate in counseling.
8. Plaintiff avers that there are no children of the parties under the age of 18.
9. Plaintiff avers that the Defendant is not in the Military or Naval Service of the
United States or its allies or otherwise within the provisions of the Soldiers' and Sailors' Civil
Relief Act of 1940, as amended.
WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce.
Respectfully submitted,
SHAFFER & ENGLE LAW OFFICES
DATED:
Attorney for Plaintiff
Fax sent by : 7175615220
Hospital Assoc of PA
VERIFICATION
63/06/08 11:00
I verify that the averments in this Complaint for Divorce are true and correct. I understand
UWt false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to
unsworn falsification to authorities.
ather L. Barnhart, Plaintiff
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DATE: 3 &1 o? 00,
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HEATHER L. BARNHART,
Plaintiff
vs.
CRAIG S. BARNHART,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 08-1606 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS:
Jeffrey B. Engle, Attorney for Heather L. Barnhart, Plaintiff in the above-captioned
action, being duly sworn, according to law, deposes and says that he served a certified copy of
the Complaint in Divorce in said action on Craig S. Barnhart, Defendant, by posting same on
March 20, 2008, in the U.S. Mail, Certified, Return Receipt Requested. See Return Receipt
Card, signed by Craig S. Barnhart, attached hereto, marked Exhibit "A", and made a part hereof.
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 24t' DAY OF
MARCH, 2008.
Notary Public
NOTARIAL SEAL
MELISSA E. WISE
Notary Public
MILLERSBURG BOROUGH, DAUPHIN COUNTY
My Commission Expires Jul 23, 2008
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SCHEDULE "A"
¦ Complete items 1, 2, and 3. Also complete A. Signature
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¦ Print your name and address on the reverse ? Addnwe
so that we can return the card to you. B ved b Primed N ) C. Date of DeNvwy
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or on the front if space permits. .
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HEATHER L. BARNHART, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. 08-1606 CIVIL TERM
CRAIG S. BARNHART, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT AND
WAIVER OF COUNSELING
1. A Complaint in Divorce under Section 3301(c) of the Divorce Complaint was
filed on March 11, 2008.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing the Complaint.
3. I consent to the entry of a final decree in divorce after service of Notice of
Intention to Request Entry of the Decree.
4. I have been advised of the availability of marriage counseling and understand that
I may request that the Court require that my spouse and I participate in counseling. Being so
advised, I do not request that my spouse and I participate in counseling prior to a Decree in
Divorce being handed down by the Court.
z,--
H6ather L. Barnhart, Plaintiff
DATE: G ^ a 5 - O CJ
C
v?
HEATHER L. BARNHART,
Plaintiff
VS.
CRAIG S. BARNHART,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 08-1606 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
0301(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.
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H a er L. Barnhart, Plaintiff
SS# 211-64-3072
DATE: b - ? 5-0y
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HEATHER L. BARNHART,
Plaintiff
VS.
CRAIG S. BARNHART,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 08-1606 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT AND
WAIVER OF COUNSELING
1. A Complaint in Divorce under Section 3301(c) of the Divorce Complaint was
filed on March 11, 2008.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing the Complaint.
3. I consent to the entry of a final decree in divorce after service of Notice of
Intention to Request Entry of the Decree.
4. I have been advised of the availability of marriage counseling and understand that
I may request that the Court require that my spouse and I participate in counseling. Being so
advised, I do not request that my spouse and I participate in counseling prior to a Decree in
Divorce being handed down by the Court.
Cr g S arnhart, Defendant
DATE: (('; e?s-?
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HEATHER L. BARNHART,
Plaintiff
VS.
CRAIG S. BARNHART,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 08-1606 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
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 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.
Craig S. 'Barnhart, Defendant
SS# 180-58-5694
DATE: p???
: 7
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MARITAL SETTLEMENT AGREEMENT
AGREEMENT, made this day of , 2008, between
HEATHER L. BARNHART, of Elizabethtown, Lancaster County, Pennsylvania, ("Wife"),
AND
CRAIG S. BARNHART, of Mechanicsburg, Cumberland County, Pennsylvania ("Husband");
WITNESSETH:
WHEREAS, the parties are husband and wife; AND
WHEREAS, unfortunate and irreconcilable differences have arisen between the parties by reason
of which continued cohabitation as husband and wife has been rendered impossible; AND
WHEREAS, the Parties were married on April 26,1997; AND
WHEREAS, the parties intend this Agreement to be a full and complete Marital Settlement
Agreement, providing for the absolute and final settlement of their respective marital property rights and all
claims for support and alimony; AND
WHEREAS, the parties have made full disclosure to each other of their assets and have agreed on a
settlement of all property rights and differences existing between them.
NOW, THEREFORE, for and in consideration of the mutual benefits to be derived by the parties,
they agree as follows:
1. DIVORCE
The parties agree that their marriage is irretrievably broken and that they mutually consent to
a divorce and agree to execute all necessary Affidavits of Consent and Waivers of Notice forms
required by the court for the entry of a mutual consent divorce. Both Husband and Wife shall file
with the Court said Affidavits and Waivers and file the appropriate documents to request a Decree in
Divorce from the bonds of matrimony under Section 3301(c) of the Divorce Code.
2. REAL PROPERTY
A. The real property located at 6212 Wallingford Way, Mechanicsburg, Cumberland county,
Pennsylvania, and improvements thereon, currently held in the name of Husband and Wife, shall be
retained by Husband as his sole property in exchange for Husband paying to Wife the lump sum of
Eighty Five Thousand Dollars ($85,000.00) in connection with. or simultaneous to, Husband's
refinancing of the mortgage against the marital home into his name alone. The parties agree that the
value of the marital home is approximately Two Hundred Twenty-Five Thousand Dollars
($225,000.00). There is currently a mortgage against the marital home in favor of Members l sin the
approximate amount of Thirty Nine Thousand Dollars ($39,000.00). Within ninety (90) days of
execution of this Agreement, Husband and Wife shall take all steps necessary to refinance the
mortgage into Husband's name alone. Upon receipt of the lump sum payment and successful
refinancing of the mortgage into Husband's name alone, Wife shall execute a warranty deed
conveying to Husband all of her right, title, and interest in and to the marital residence. Thereafter,
Husband shall be the sole owner of the marital residence and shall be permitted to record that deed
and take any other action with respect thereto that he deems appropriate.
-2-
B. Commencing on the date of this Agreement, and without regard to when bills for such
items are incurred, received or due, Husband shall be solely responsible for all past, present and
future costs or liabilities associated with or attributable to maintaining the marital residence (except
as provided herein), including, but not limited to, all real estate taxes, water and sewer rents, gas,
electric and telephone service, homeowners insurance, and gardening expenses and repairs, and
Husband shall keep Wife and her successors, assigns, heirs, executors, and administrators
indemnified and held harmless from any liability, cost or expenses, including attorney's fees, which
are incurred in connection with such maintenance, cost, and expenses or resulting from Husband's
ownership interest in the marital residence.
C. Husband shall indemnify and hold Wife harmless from any liability, cost or expense,
including attorneys' fees, incurred subsequent to the execution date of this Agreement in connection
with any expense required to be made by Husband including, but not necessarily limited to property
taxes, and insurance with respect to the aforesaid premises, and in the event that Husband should die
and, at that time, there should remain any outstanding balance on the mortgage, it shall be Husband's
estate's obligation to promptly satisfy any outstanding debts on this property.
D. Wife warrants that she has not placed any liens or encumbrances against the Marital
home. In the event Wife has failed to disclose a lien or encumbrance in violation of this
paragraph, she shall immediately take all necessary steps in order to remove any such lien,
judgment or encumbrance against the aforesaid premises and shall indemnify and hold Husband
harmless with respect thereto. Wife shall be responsible to, and pay Husband for, any costs or
expenses, including attorneys' fees, penalties or any other expense of whatever nature, whether
direct or indirect incurred by Husband as a result of Wife's failure to remove said liens or
encumbrances at any default in payment thereon.
-3-
3. PERSONAL PROPERTY
a. Household Furnishings
The parties agree that the household furnishings have already been divided equally to their
satisfaction.
b. Vehicles
The parties release any interest they may have in and to the vehicle(s) in the possession of the
other parry. Specifically:
Wife shall retain the 2004 Mini Cooper, and assumes any and all debts and liabilities that
may flow from said vehicle in the past, present and future, and Husband releases any and all interest
he may have in said vehicle.
Husband shall retain the 2001 Subaru Legacy and 2003 Honda Shadow Motorcycle, and
assumes any and all debts and liabilities that may flow from said vehicles in the past, present and
future, and Wife releases any and all interest she may have in said vehicles.
C. Pension
Wife shall retain her 401(k) with an approximate balance of $33,000.00, Roth IRA with an
approximate balance of $6,000.00, Simple IRA with an approximate balance of $40,000.00, and
Rollover IRA with an approximate balance of $23,000.00. Husband releases any and all interest he
may have in and to these accounts.
Husband shall retain his 401(k) with an approximate balance of $80,000.00, and Rollover
IRA with an approximate balance of $139,000.00. Wife releases any and all interest she may have in
and to these account.
Husband shall sign over to Wife 100% of the assets in the Roth IRA with an approximate
value of $4,500.00, to include assets in Vanguard Growth Index Fund Investor Shares (0009-
-4-
09946467669) and Vanguard 500 Index Fund Investor Shares (0040-09946467656) within 90 days
of execution of this Agreement. One hundred percent of the assets in these two funds shall be
transferred to Wife's Roth IRA (Vanguard Long-Term Treasury Fund Investor Share 0083-
09946467698). This transfer of assets will be a nontaxable event.
d. Loans/Obligations
Each of the parties shall be responsible for his or her own debts from date of separation on
March 11, 2008.
e. Bank Savings/Checking Accounts/Christmas Club, etc.
All bank accounts have been divided to the satisfaction of the parties.
4. SUPPORT
Neither party shall seek spousal support or alimony from the other and forever releases the
other from payment of same in this or any other jurisdiction.
5. WAIVER OF ALIMONY
Husband and Wife do hereby waive, release and give up any rights they may respectively
have against the other for alimony, support or maintenance. It shall be, from the execution date of
this Agreement, the sole responsibility of each of the respective parties to sustain themselves without
seeking any support from the other party.
6. ATTORNEY'S FEES
Each Party shall pay their respective Attorney's fees, for the divorce and the preparation of
this Agreement and such other fees as are applicable hereto.
7. RELEASE
Subject to the provisions of this Agreement, each parry has released, discharged and, by this
Agreement, does for himself or herself, and his or her legal representatives, executors, administrators
-5-
or assigns, release and discharge the other of and from all cause of actions, claims rights or demands
whatsoever, in law or equity, which either of the parties ever had, now have or can have at any time
against the other, specifically including any rights or claims to dower rights, curtesy rights, support,
alimony, alimony pendente lite, counsel fees and equitable distribution of marital property.
8. ESTATE RELEASE
Husband and Wife hereby release any rights that he or she might hereafter acquire to share in
any capacity in the estate of the other, or to act as administrator or executor of the estate of the other,
or to participate in any manner in the administration of the estate of the other, and hereby waive any
rights of election to take against the will of the other, or to claim the family exemption.
9. SEPARATION
It shall be lawful for each parry at all times hereafter to live separate and apart from the other
party at such place or places as he or she may from time to time choose or determine fit.
10. NO INTERFERENCE
Each parry shall be free from interference, authority and control, direct and indirect, by the
other as fully as if he or she were single and unmarried. Neither shall molest the other, compel, or
endeavor or compel, the other to cohabit or dwell with him or her, or to interfere with friendships,
society or acquaintances which either of the parties hereto may choose or have from this day forward.
11. NO DEBTS
Neither party will or shall be entitled to contract any debts nor incur any charges or
obligations in the name of the other party nor in any way use or attempt to use the credit of the other
parry.
-6-
12. DOCUMENTS
Each party shall, at the request of the other, execute, acknowledge and deliver any documents
which may be reasonably necessary to give full effect to this Agreement. Further, each of the parties
shall on demand execute and deliver to the other any deeds, bills of sale, assignment, consents to
change beneficiary on insurance policies, tax returns and other documents and do or caused to be
done any other act or thing that may be necessary or desirable to the provisions and purposes of this
Agreement. If either party fails on demand to comply with this provision, that party shall pay to the
other all attorney's fees, costs and other expenses reasonably incurred as a result of such failure.
13. NO BAR TO DIVORCE
Nothing herein contained shall be construed to prevent either of the parties from instituting
an action for absolute divorce against the other in any jurisdiction based upon any past or present
conduct of the other, nor to bar the other from defending any such suit.
14. ABSOLUTE AND FINAL SETTLEMENT
The provisions of this Agreement are intended to consider, determine and distribute all of the
assets of the parties hereto as part of the terms of this Postnuptial Agreement. This Agreement is
intended by the parties hereto to be a valid Postnuptial Agreement, providing for the absolute and
final settlement of their respective property rights and all obligations of support. This Agreement is
not intended to be a mere Separation Agreement.
15. ENFORCEMENT
The parties hereto agree that the provisions of this Agreement may be entered and enforced
by an appropriate court order at the action of the entitled party and against the obligated party, as the
case may be. Provided further, all costs of such litigation, including reasonable Attorney's fees, shall
be paid by the party refusing to carry out their commitments under this Agreement.
-7-
16. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT
Each party acknowledges that this Agreement has been entered into of his or her own
volition, with full knowledge of the facts and full information as to the legal rights and liabilities of
each and the assets of the other, and that each believes the Agreement to be reasonable under the
circumstances.
17. MODIFICATION AND WAIVER
A modification or waiver of any of the provisions of this Agreement shall be effective only if
made in writing and executed with the same formality as this Agreement. The failure of either
parry to insist upon strict performance of any of the provisions of this Agreement shall not be
construed as a waiver of any subsequent default of the same or similar nature.
18. SITUS
This Agreement shall be construed and governed in accordance with the laws of the
Commonwealth of Pennsylvania.
19. PARTIAL INVALIDITY
If any provision of this Agreement is held to be invalid or unenforceable, all other provisions
shall nevertheless continue in full force and effect.
20. BINDING EFFECT
Each of the parties hereto intends to be legally bound hereby, and this Agreement shall be
binding upon their heirs, personal representatives and assigns of the respective parties hereto.
21. DIVISION OF PROPERTY
The Parties acknowledge that they have, among themselves; agreed upon the division of the
assets referred to herein. They further acknowledge that they have reviewed all the terms of this
-8-
Agreement and that they had the opportunity to discuss, and have explained to them, any provisions
that they did not fully understand.
22. INCORPORATION
Both parties agree that this Agreement shall be incorporated into the final divorce decree and
shall not merge for purposes of enforcement.
IN WITNESS WHEREOF, the parties hereunto set their hands and seals, the day and year
first above written, each adopting the seal following his or her signature, as his or her own.
WITNESSES:
Z' /? - ?4
(SEAL)
jl#,'?THER L. BARNHART
(SEAL)
- z_-r_ CRAI S. BARNHART
-9-
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On this the ?3Pday of 'PP 1IL , 2008, before me, a Notary Public, the
undersigned officer, personally appeared HEATHER L. BARNHART, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument and acknowledges that
she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
0 U
'&JA& hjAUA,(,N (SEAL)
Notary Public
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Mary Ann C. Garbarino, Notary Public
Silver Spring Twp., Cumberland County
My Commission Expires Dec. 13, 2008
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On this the 3 RD day of Ng L_ , 2008, before me, a Notary Public, the
undersigned officer, personally appeared CRAIG S. BARNHART, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument and acknowledges that
he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
lilt yZi1ju (SEAL)
Notary Public
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Mary Mn C. Gwbarino, Notary Public
Silver Spring Twp., Cumberland County
My Commission Expires Dec. 13, 2008
-10-
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HEATHER L. BARNHART,
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-1606 CIVIL TERM
CRAIG S. BARNHART,
Defendant
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 divorce: irretrievable breakdown under Section (X) 3301(c) L-1
3301(d)(1) of the Divorce Code. (Check applicable section)
2. Date and manner of service of the complaint: March 20, 2008, by U.S. Mail,
Certified Return Receipt Requested Restricted Delivery
3. (Complete either paragraph (a) or (b).
(a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the
Divorce Code: by Plaintiff 6-25-08 ; by Defendant 6-25-08
(b) (1)
of the Divorce Code;
Defendant:
4.
5
Date of execution of the Plaintiff s Affidavit required by Section 3301(d)
; (2) date of service of the Plaintiffs Affidavit upon the
Related claims pending: Settlement Agreement dated April 23, 2008
(Complete either paragraph (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 plaintiff s Waiver of Notice was filed with the prothonotary: 6-26-08
Date defendant's Waiver of Notice was filed with the prothonotary:
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IN THE COURT OF COMMON PLEAS
HEATHER L. BARNHART,
Plaintiff
VERSUS
CRAIG S. BARNHART,
Defendant
No. 08-1606 Civil Term
DECREE IN
DIVORCE
AND NOW, Z*v , IT IS ORDERED AND
DECREED THAT HEAHTER L. BARNHART , PLAINTIFF,
AND CRAIG S. BARNHART 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;
"The terms of a Postnuptial Agreement between the parties, dated April 23,
2008, are hereby incorporated but not merged into and made a part of this Decree.
BY THE COURT:
TT E ST/ A J.
ATTEST/'
OF CUMBERLAND COUNTY
Oak
STATE OF PENNA.
PROTHONOTARY
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