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Home My WebLink About04-1305 v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW : IN DIVORCE . S; ~ NO. 04-ISDCIVIL TERM JOYN. GLADFELTER Plaintiff BARRY GLADFELTER Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foUowing 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 32 Bedford Avenue Carlisle, PAl 70 13 (717) 2490-3166 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, AU 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. JOY N. GLADFELTER Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LA W : DIVORCE, CUSTODY, BARRY GLADFELTER Defendant /3,;;" : NO. 04- CIVIL TERM COMPLAINT The plaintiff, Joy N. Gladfelter, by his/her attorneys, the Family Law Clinic, sets forth the following cause of action: DIVORCE UNDER 23 Pa.C,S. SECTION 330I(c), and (d) OF THE DIVORCE CODE I. Plaintiff is Joy N, Gladfelter, who currently resides at 145 Lincoln Street, P.O. Box 1052, Carlisle, Pennsylvania, since February, 2003, 2. Defendant is Barry Gladfelter, who currently resides at 1402 Long Gap Rd., Carlisle, Pennsylvania, since June, 2002. 3. Plaintiff and defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and defendant were married on February 12,2002, at Cwnberland County Courthouse, Pennsylvania. 5. Plaintiff and defendant have lived separate and apart since June 2002. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8, Plaintiff has been advised that counseling is available and that plaintiff 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 "3.... U -{)Lf n/1/ 11 n-, $I- THOMiS' M~ PLACE ROBERT E. RAINS LUCY JOHNSTON- WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717/240-5204 VERIFICATION I verifY that the statements made in this Divorce Complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S, ~4904, relating to unsworn falsification to authorities. '~ Date: 3~~ -OY~' ~J,,~~~ ~ v (2 "'"" .-.";:'J ~2 .). :r. " ,,~ ''"'' r...) c~, ,---. 11 .-4 :r..:: ..,.\ ,nr;:: _orn :ny ~:~O .:~:-~-\ ( ;.::., .-,,-) ,~_),,-\'1 {,,) ~'-" "\ JOY GLADFELTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : IN DIVORCE ; NO, 04- \~IVIL TERM BARRY GLADFELTER, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Joy Gladfelter, 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 '3 -2-6 - 04 Respectfully submitted, Ja~o!c~f ~ Certified Legal Intern Jbmrt,J:-- THOMAS M, PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 C) ~-~ .--> c_, c";) ....- ~ 7'0 :;-.. _L. o -n .-, f{lfJ _~J\i' :bc) C?b 0~!~ CSr;l _.~\ r:-~) 1') .' .- Joy Gladfelter, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA v Barry Gladfelter, Defendant : CIVIL ACTION-LAW : DIVORCE : No, 04-1305 CIVIL TERM' PRAECIPE TO REINSTATE THE COMPLAINT To The Prothonotary: Please reinstate the Divorce Complaint at the above-captioned case. ~ Stephanie Botabara Certified Legal Intern ~..,~ Thomas M, Place Robert E. Rains Anne MacDonald-Fox Lucy Johnston-Walsh, Esq. SUPERVISING ATTORNEYS F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243.2968 Fax: (717) 243-3639 Attorneys for Plaintiff Date: o3lo3/o~ Joy Gladfelter, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA v Barry Gladfelter, Defendant : CIVIL ACTION-LAW : DIVORCE : No, 04 - 1305 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT To The Prothonotary: Please reinstate the Divorce Complaint at the above-captioned docket. ~Ma Certified Legal Intern ~ cub9Jl s n-Walsh, Esq. ising Attorney Date: -::r\ \~ \ 0lP F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243 - 2968 Fax: (717) 243 - 3639 Attorneys for Plaintiff n c @ .-. ;'i'l co -Q c, (. v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE Joy Gladfelter , Plaintiff Barry Gladfelter, Defendant NO, 04 - 1305 CIVIL TERM AFFIDAVIT OF SERVICE I, Keith O'Neal Hickman, hereby certify that I personally served a true and correct copy of the Reinstated Divorce Complaint, on Barry Gladfelter, at: Cumberland County Prison, 1101 Claremont Rd., Carlisle, PA 17013, at 1:10 p.m. on July 19, 2006, I verify that the statements made in this Affidavit of Service are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, ~904, relating to unsworn falsification to authorities. Date: -=1-:/':<O/OCP. ~ D.U;;/1 Keith O'Neal Hickman Certified Legal Intern ,-"', :::-;, <-- , , r<') Ci -' -'j .,,"1 ~, \...0 Joy Gladfelter, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE Barry Gladfelter. Defendant : NO. 04 - 1305 CIVIL TERM NOTICE TO DEFENDANT If you wish to deny any of the allegations set forth in this affidavit, you must file a counteraffidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. The parties to this action separated in June, 2002, 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, lawyer's fees or expenses if I 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. ~4904, relating to unsworn falsification to authorities. Date ) Q A~& ~~JW\ Plain iff o c:: r-.) = = CT' C' C"J -I I c...n -ci .-J;;.... o -1'1 :?--n rn- \:n --ry '~-\ ~ ,,-:/ ~~;~ ) ir:~~; ';) ~...; )';~ :~ ", .- w Joy Gladfelter, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW DIVORCE Barry Gladfelter, Defendant NO. 04 - 1305 CIVIL TERM CERTIFICATE OF SERVICE I, Stephanie Botabara , Certified Legal Intern at the Family Law Clinic, hereby certify that I served a true and correct copy of the Plaintiffs Affidavit on Barry Gladfelter, incarcerated at Camp Hill State Prison, PO Box 200, Camp Hill, P A 17001. Service was complete upon depositing a copy of the same to said address in the United States mail, postage prepaid, on the lOth day of October, 2006. FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 2 <-.... r".;) c.:.:, .-','_-:;} ':::-..- C) .1 (~'"":) ( '? . -.... (..) c.') f',) ESTHERF. WEAVER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : IN DIVORCE EL WOOD L. WEA VER, Defendant : NO. 06-6857 CIVIL TERM ACCEPTANCE OF SERVICE I accept service of the Divorce Complaint on behalf of Elwood L. Weaver and certify that I am authorized to do so. Date (:l. -It-~ --------- r---.'> = c::? c..-;" Cl r~:>. n I -.I ~ ~-n f"jl~: L~Z ::.'i~: :::~.' ~ ::)0 /': fn q .---, -;::) r:'? o en '-r"ZO ~~ '-.. ,. Joy Gladfelter, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 04 - 1305 CIVIL TERM Barry Gladfelter, Defendant : CIVIL ACTION - LA W : IN DIVORCE PRAECIPE TO TRANSMIT 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 and separation for two years under ~ 3301(d) of the Divorce Code. 2. Date and manner of service ofthe complaint: Personal service on Defendant at 1101 Claremont Road, Carlisle, PA 17013 on July 19,2006. 3. (1) Date of execution of the affidavit required by S 3301 (d) of the Divorce Code: October 5, 2006~ (2) Date of filing and service of the plaintiffs affidavit upon the respondent: Filed on October 5, 2006 and served on October 10, 2006. 4. Related claims pending: None. 5. Date and manner of service of the Notice oflntention to Request Entry of Divorce Decree and Counter-Affidavit, copies of which is attached: November 9,2006 by first-class US mail. ,," Date DeL .:t) 1rOo& siM~ Ste hame Botabara Certified Legal Intern k Uti2~-, Robert . ams, Esquire Lucy Johnston-Walsh, Esquire Anne MacDonald-Fox, Esquire Thomas M. Place, Esquire Megan Riesmeyer, Esquire Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 Fax: (717) 243-3639 Joy Gladfelter, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA v. Barry Gladfelter, Defendant : CIVIL ACTION - LAW : DIVORCE : No. 04 - 1305 CIVIL TERM NOTICE OF INTENTION TO REQUEST ENTRY OF ~ 3301(d) DIVORCE DECREE TO: DEFENDANT You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the ~ 3301(d) affidavit. Therefore, on or after November 29,2006, 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 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. IF YOU CANNOT AFFORD 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 32 South Bedford Street 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. Joy Gladfelter, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE Barry Gladfelter, Defendant : NO. 04 - 1305 CIVIL TERM DEFENDANT'S COUNTER-AFFIDAVIT UNDER ~3301(d) 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 lived 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 if I 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. S4904, relating to unsworn falsification to authorities. Date Barry Gladfelter, DEFENDANT 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. V~-.-( ~~ry f 11'1)0 /Y.., >,(.\' 'q.,r I) ~ "'I)~ ~ i6~Q QI ~ /)0\ (~ 11,~ "''''''' IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. Joy Gladfelter Plaintiff No. 04 - 1305 VERSUS Barrv Gladfelter Defendant DECREE IN DIVORCE AND NOW, p-'._ L.... z- oP ,ZoOc. , IT IS ORDERED AND DECREED THAT Joy Gladfelter Barry Gladfelter , PLAI NTI FF, AND , 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; ~(; 1Jf-- ou7t Ji ~. ..- ..,. PROTHONOTARY J. ,#~7 7 t?f1')/7v }'J1 r~y;(, 'l'J" Ie' 1:'" '7 ~ .{I /?fJ"""b'Yu-' ~,7 '/,.?~J t70 It'. t'"!' .