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Home My WebLink About08-6937 RICHARD L. BARBER, Plaintiff VS. JAMIE L. BARBER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. a F 9 3 7 ?c cf• t IN DIVORCE Defendant 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 at 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, 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 32 S. Bedford Street Carlisle Pennsylvania 17013 (717) 249-3166 1 An C__?yyGL. DeL a, Esquire 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 (717) 258-6844 RICHARD L. BARBER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW JAMIE L. BARBER, :NO. CI S G 9 C1.1a _77, Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. Plaintiff is RICHARD L. BARBER, who currently resides at 204 Woodlawn Lane, Carlisle, Cumberland County, Pennsylvania, since November 1, 2008. 2. Defendant is JAMIE L. BARBER, who currently resides at 31 Shughart Road, Carlisle, Cumberland County, Pennsylvania, since October 6, 1998. 3. Plaintiff and Defendant have been bona fide resident(s) in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 23, 1994 in Boiling Springs, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties except 6. The marriage is irretrievably broken. 7. 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. 8. Plaintiff requests the court to enter a decree of divorce. 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. Date: ? ?/np I I / Richard L. Barbe , laintiff Anthony L. uca, Esquire / Attorney for Plaintiff 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 (717) 258-6844 cr o, Q OM CSC LITuLAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 RICHARD L. BARBER, Plaintiff V. JAMIE L. BARBER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 08-6937 IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Jamie L. Barber, in the above- captioned matter. Respectfully submitted, Date: 01 6?1)q ABOM & KUTULAKIS, LLP ?V lJ • w Kara W. Haggerty, Es e 36 South Hanover S Carlisle, PA 17013 (717) 249-0900 ID #86914 CERTIFICATE OF SERVICE AND NOW, this 0 4k-, day of January, 2009, I, Kara W. Haggerty, Esquire of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Praecipe for Entry of Appearance by First Class U.S. Mail addressed to the following: Anthony L. DeLuca, Esquire 113 Front Street Boiling Springs, PA 17007 .p L Q 7? tt . ? r .? r JAMIE BARBER, Plaintiff V. RICHARD BARBER, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA ?l i/i l l-lYrY1 NO. Qj- Y-7 CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO LIST FOR CONCILIATION AND TRIAL Please list this matter for Conciliation within 45 days and trial within 180 days pursuant to 42 Pa. R.C.P. §1915.4-2. Respectfully submitted, ABOM & KUTULAKIS, LLP 1 ell Date: C Kara W. Haggerty, Es 36 South Hanover SqkFik Carlisle, PA 17013 (717) 249-0900 Attorney ID No. 86914 ft . . } CERTIFICATE OF SERVICE AND NOW, I, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Praecipe to List for Conciliation and Trial via first class mail addressed as follows: AnMoM Da-ua% Esgtdm 113 Front met Boi&W SpinA PA 17007 DATE C(hJ 61 Kara W. Haggerty, Es +'rs :mot 4 t: _ tom. RICHARD L. BARBER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW JAMIE L. BARBER, : NO. 08-6937 Defendant : IN DIVORCE 1. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on November 24, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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 pert lties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: 3 71a ? ?4 RL. Barb ,Plaintiff 'Apy 2009 APR 24 !Pi's t;: 04 .i , ?., RICHARD L. BARBER, Plaintiff VS. JAMIE L. BARBER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 08-6937 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) 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 unworn falsification to authorities. Date: 3 Q Richard L. Barber, Plaintiff 14i.. FILtu C OF ll-c- ZOQ9 APR 21+ R L,. 0Lf, cu 4 _ ( : RICHARD L. BARBER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW JAMIE L. BARBER, NO. 08-6937 Defendant IN DIVORCE 1. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on November 24, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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. § 4904 relating to unworn falsification to authorities. /am Date: L. Barber, Defendant OE THE , ' ,A )TAPY 21#Q9 APR 2=4 FFi ?4; 4 C Ul",` ?I C! : I'D t b RICHARD L. BARBER, Plaintiff VS. JAMIE L. BARBER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6937 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) 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 unworn falsification to authorities. Date: J . Barber, Defendant FILED-,'Ili 311,; - OF THEE M9 APR 24 Pill ti: 0 RICHARD L. BARBER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -LAW JAMIE L. BARBER, : NO. 08-6937 Defendant : IN DIVORCE COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF CUMBERLAND Anthony L. DeLuca, attorney for Plaintiff, being duly sworn according to law, says that he mailed by certified mail, return receipt requested, a true and correct copy of the Complaint in Divorce under Section 3301 (c) of the Divorce Code to the Defendant at her residence and that Defendant did receive same, as evidenced by the signed receipt attached hereto as Exhibit "A". By: n Anthony L. uca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 (717) 258-6844 Sworn to and subs ribed before me this is y of 2009. 14otary Public NOTARIAL SEAL MARJOIN A ORWA w1wj rwft gomm DI/011 My ConMgMMo11 /RAN Nr1r 1. 111 1 FfLED-4Y fi; OF THI PR, ' 1-' ,' tC)TARY 2009 MAY 15 PH ? . 10 Cut"', ? !E'ITY A:Oluj a A 11100f. ~ Y? IOV. MMMWAOVMh OMOW,O; ; .! MOM # #n''rm?: ;, e RICHARD L. BARBER, Plaintiff VS. JAMIE L. BARBER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 08-6937 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) §(MWY# t of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: December 4, 2008 by Certified Mail. 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 Plaintiff 3 / 2 7 / 0 9 ; by Defendant 4/16/09 (b)(1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: ; (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 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 a copy of which is attached: r 1% (b) Date plaintiffs Waiver of Notice was filed with the Prothonotary: April 24, 2009 (c) Date defendant's Waiver of Notice was filed with the Prothonotary: April 24, 2009 ony L. D ca, Esquire Attorney for Plaintiff A- N RLFD- i,: CE OF THE PR Y Hr? %, ! TA!?Y 2009 MAY 15 Pty G: 10 RICHARD L. BARBER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -LAW JAMIE L. BARBER, : NO. 08-6937 Defendant : IN DIVORCE WHEREAS, the parties have reached an agreement as to the custody and visitation of the children born to the parties, JADA E. BARBER, ZOE T. BARBER and RAIF M. BARBER, and wish a court order to reflect that agreement; THEREFORE, with due consideration for the welfare of said children both parties, hereby agree as follows to wit: 1. Majority Custody of said children, JADA E. BARBER, ZOE T. BARBER and RAIF M. BARBER, and visitation of said children shall be determined by an agreement executed by the parties hereto, attached hereto as Exhibit "A", and made a part hereof and incorporated herein by reference. 2. It is contemplated and requested by the parties hereto that this agreement be adopted by Order of Court. WITNESS: Z'V? 4 e ? 2 Richard L. Barber f ie L. Barber THIS AGREEMENT, made this x'7 A day of P Q4-4 , 2009, by and between RICHARD L. BARBER of 204 Woodlawn Lane, Carlisle, Cumberland County, Pennsylvania and JAMIE L. BARBER, of 31 Shughart Road, Carlisle, Cumberland County, Pennsylvania. WI TNESSETH: WHEREAS, the parties were married on July 23, 1994, in Boiling Springs, Cumberland County, Pennsylvania; and WHEREAS: Three (3) children were born of this marriage, namely JADA E. BARBER, born on November 13, 2000; ZOE T. BARBER, born on July 1, 2002, and RAIF M. BARBER, born on October 21, 2003; and WHEREAS, the parties have reached an agreement with regard to custody and visitation of said children, JADA E. BARBER, ZOE T. BARBER, and RAIF M. BARBER; NOW THEREFORE, in consideration of the mutual covenants herein made, as well as other good and valuable consideration, the receipt of which hereby is acknowledged, the parties hereto, intending legally to be bound hereby, do covenant and agree as follows: A. The custody of the aforesaid children, during minority, hereby is given to JAMIE L. BARBER, except as otherwise may be provided by an appropriate court, having proper jurisdiction of the subject. B. The parties shall take all reasonable measures to foster a feeling of affection between themselves and the children. Neither party shall do anything to hamper or impair the children's love and respect for the other party. C. RICHARD L. BARBER shall have the right of reasonable visitation of said children, as EXHIBIT "A" mutually may be agreed upon by the parties. In the event the parties are unable to agree upon visitation, RICHARD L. BARBER shall have the right of visitation every other weekend, commencing at 6 o'clock P.M. on Friday and ending at 6 o'clock P.M. on Sunday. With respect to the major holidays consisting of New Year's Day, Easter, Memorial Day, Fourth of July, Labor Day, and Thanksgiving. RICHARD L. BARBER shall have the right of visitation every other major holiday. With respect to Christmas, the parties shall divide the Christmas holiday with one party having visitation from 12:00 noon on December 24th to 12:00 noon on December 25th while the other party shall have visitation from noon on December 25th to noon on December 26th. Said visitation shall also be on an alternating basis commencing with Christmas of 2009. RICHARD L. BARBER shall also be entitled to additional weeks of visitation of the children during the summer as may be agreed upon by the parties. D. RICHARD L. BARBER shall notify JAMIE L. BARBER, not less than 24 hours in advance, of any change in plan to exercise such visitation rights. E. It shall be the responsibility of each parent to keep the other advised of the address where the children will be living and of any medical emergencies concerning the children. F. RICHARD L. BARBER and JAMIE L. BARBER agree that in making this agreement there has been no fraud, concealment, over-reaching, imposition, coercion, or other unfair dealing on the part of the other. G. RICHARD L. BARBER and JAMIE L. BARBER hereby agree and therefore stipulate that it is their intent and request that the Court of Common Pleas of Cumberland County, Pennsylvania adopt this agreement as a decree and Order of Court. IN WITNESS WHEREOF, the parties hereto have executed this the day and year first above written. WITNESS: r. /10-4lSEAL) Richard L. artier (SEAL) J e L. arber ?CE p OF THE FIR711 M9 MAY 15 PH +;: ' 0 Cul 7°f RICHARD L. BARBER, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE L. BARBER NO. 08-6937 DIVORCE DECREE , 4-9 'SSA. VW AND NOW, g , ?'F , it is ordered and decreed that RICHARD L. BARBER, , plaintiff, and JAMIE L. BARBER , 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.") NONE By a Court, Attest: J. Lquzei?? rothonotary t 4 . e*tr jm?? sal' 11 MAY 19 2009 3 RICHARD L. BARBER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW JAMIE L. BARBER, NO. 08-6937 Defendant : IN DIVORCE AND NOW, to wit, this Jy day of #4 &T 2009, the Court adopts the agreement of the parties concerning the custody and visitation of the children, JADA E. BARBER, ZOE T. BARBER and RAIF M. BARBER, as the Court's own Order. A copy of that agreement is attached hereto and made a part hereof as fully as if entered specifically by the Court. We direct that a copy of this Order be furnished to both parties. BY 4 COURT, J. b6,11 - -;? k?,N -V7 j ,' d I fittf 9?,- 3 mW S3ICIT Z? AIVIW 6001 Ulff - - y4r e/s