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Home My WebLink About08-6516 JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff MELODIE A. BARNACZ, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. SCOTT D. BARNACZ, Defendant No 6 ?? (o 1 G G1 i I -? cC? CIVIL ACTION - AT LAW 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 Office of the Prothonotary at the Cumberland Courthouse, One Courthouse Square, 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 South Bedford Street Carlisle, PA 17013-3308 (717) 249-3166 40 JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff MELODIE A. BARNACZ, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : No 6 8-' & J) 6 t t 4' 1 -fe n SCOTT D. BARNACZ, CIVIL ACTION - AT LAW Defendant DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Melodie A. Barnacz, by and through her attorney, Jeanne B. Costopoulos, Esquire, and avers the following in support of this Complaint in Divorce: 1. Plaintiff, Melodie A. Barnacz, is an adult individual currently residing at 142 S. Hanover Street, Apt. 1, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant, Scott D. Bamacz, is an adult individual currently incarcerated in the Cumberland County Prison, 1101 Claremont Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 8, 2004 in Piscataway, Middlesex County, New Jersey. 5. There have been no prior actions of divorce or annulment between the parties. 1 M 6. The marriage is irretrievably broken. 7. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 8. Plaintiff and Defendant are both citizens of the United States. 9. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being handed down by the Court. 10. There are no dependent children from this marriage. 11. This action is not collusive. WHEREFORE, Plaintiff, Melodie A. Barnacz, respectfully requests this Honorable Court grant her relief from the bonds of matrimony and order a Decree in Divorce. Respectfully Submitted: By: JE . C0ST0P0UL0S, IRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 -to [ZI/m ATTORNEY FOR PLAINTIFF Date: 2 VERIFICATION I, Melodie A. Barnacz, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: t? De MX le A. Barnac C) n,, 1? ? ? ? rJ 4 ?' ? W `-' 'y ? n ? b " v 1 MELODIE A. BARNACZ, Plaintiff VS. SCOTT D. BARNACZ, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No 08-6516 Civil Term CIVIL ACTION - AT LAW DIVORCE ACCEPTANCE OF SERVICE I, Scott D. Bamacz, Defendant in the above case, hereby accept service of the Complaint in Divorce that was filed on November 3, 2008 at the above term and docket number. Date: November 8, 2008 Scott D. Barnacz -??., "7 ?t? ? ??? ? %'T . -- c_, _ : , _. _,..f.,, ,,,,3 csr -- r ?-, '',' ,:-?. ?` ?? - ;_; ,, rr ? = MELODIE A. BARNACZ, Plaintiff VS. SCOTT D. BARNACZ, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No 08-6516 Civil Term CIVIL ACTION - AT LAW DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 3, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the 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. 4. 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: February 10, 2009 ?-%41 ?'? . Scott D. Barnacz ? N ?.n ??? ? (?. - 1 l,,,., - ?.. < ?; ? ?" ?" C ?'t MELODIE A. BARNACZ, Plaintiff VS. SCOTT D. BARNACZ, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No 08-6516 Civil Term CIVIL ACTION - AT LAW DIVORCE DEFENDANT'S 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. 4. 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. r`N Date: February 10, 2009 .. Scott D. Barnacz C ? - ..? ?' __° °rt ?'" ` ' ?rt µ C7 _,??„, ; ,? ".?_+ , . i " .. t MELODIE A. BARNACZ, Plaintiff vs. SCOTT D. BARNACZ, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No 08-6516 Civil Term : CIVIL ACTION - AT LAW : DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 3, 2008. 2. The marriage of the Plaintiff and Defendant is inmtrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. Date: 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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 unworn falsification to authorities. ? V,0 elodie A. B z OF THE: c 20G9 JUL --9 Ph 12: -'j MELODIE A. BARNACZ, Plaintiff vs. SCOTT D. BARNACZ, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No 08-6516 Civil Term CIVIL ACTION - AT LAW DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33U1fc) 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. 4. 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 unworn falsification to authorities. Date; elodie A. B cz FLED' or: Pi,- 20 U9 .' :1- - 1 'i It_- e.,.. MELODIE A. BARNACZ, Plaintiff vs. SCOTT D. BARNACZ, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No 08-6516 Civil Term : CIVIL ACTION - AT LAW DIVORCE PRAECIPE TO TRANSMIT THE RECORD TO THE PROTHONOTARY: Please 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) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was personally accepted by the Defendant on November 8, 2008. See Acceptance of Service filed November 25, 2008. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff. June 12, 2009; by Defendant: February 10, 2009. 4. Related claims pending: None raised. 5. Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: July 9, 2009. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: February 10, 2009. By: JEANN B. COSTOPOULOS,' PA Supreme Court I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 / Date: 7 Attorney for Plaintiff ?r FILED; '- OF THE Prjol? 2009 JUL 15 Ph 3: $ 2 C..1?414G?? vr:,, fMelodie A- 8alAacz- V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ?CO ?, ?Ov?GI? Z NO. 'of- 65t6 Tom DIVORCE DECREE ozt- ?.- 0 S 4 •?t T C? . AND NOW, it is ordered and decreed that N1 ,d gar a z , plaintiff, and ?;C- 01-t' -b . (A f n IL C Z , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") 0 Aa Attest: J. Prothonotary ?- aa. ?, ? ??.. N°? ? ?+? . ? 4 ?#