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Home My WebLink About04-3102 TIMOTHY BARRETT, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO, [Jli- 3/0;:( ~ 10 ANN FORD BARRETT, DEFENDANT CIVIL ACTION - DIVORCE NOTTCR TO DRFRND AND CT.ATM RTGHTS 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 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, 17013, 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 F'ORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, P A 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 of business before the Court, I \i II I, I I " Ii Ii II " " " II II I' Ii \I I, " II II II Ii Ii II II I' II II II II II " ii II II 'I I, II II il II II ,I II I' I I , I II II Ii I' I TIMOTHY BARRETT, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- .310:2- C;u~L~~ v, JO ANN FORD BARRETT, DEFENDANT CNIL ACTION - DNORCE COMPLAINT llNnRR SF,CTTON 'H01(c) OR :B01(rl) OF THR mVORCF, COOF, TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes Plaintiff, Timothy Barrett, by and through his attorneys, Smigel, Anderson, & Sacks, and represents as follows: COllNTT mVORCR TTNOF,R SRCTTON ~~01((') OR ~~01(r1) OF THF. mVORCF. ConF. 1. Plaintiff is Timothy Barrett, who currently resides at 1114 Sherwood Drive, Carlisle, Cumberland County, Pennsylvania and has resided there since on or about May 2000, 2. Plaintiffs Social Security No, is 267-68-5085, 3. Defendant is Jo Ann Ford Barrett, who currently resides at 5101 Chevers Drive, Glen Mills, Delaware County, Pennsylvania and has resided there since on or about October 2002, 4. Defendant's Social Security No, is 267-78-8509, 5. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 6. The Plaintiff and Defendant were married on February 28,1969, at Miami, Florida, I Ii II II II ! I II II 1\ II II II II I I I I I I I II Ii II II 7. There have been no prior actions of divorce or for annulment between the parties. 8. The marriage is irretrievably broken, 9. 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, 10. Plaintiff avers that there are no children of the parties under the age of 18, WHEREFORE, Plaintiff requests the court to enter a decree of divorce, COlINT n F.QTTTT A HT ,F. nrSTRTHTTnON 11. Plaintiff repeats and realJeges the averments of paragraphs I through 10 which are incorporated by reference herein, 12. Plaintiff and Defendant possess various items of both real and personal marital property which is subject to equitable distribution by this Court, WHEREFORE, Plaintiff requests this Court to equitably distribute the marital property after an inventory and appraisement has been filed by the parties, Date: Co - J. "6 ~D t SMIGEL, ANDERSON & SACKS BY.Ak~ro~ James R Demmel, Esquire I.D, #: 90918 4431 North Front Street Harrisburg, P A 17 II 0 (717) 234-2401 Attorneys for Plaintiff I II Ii VERIFICATION I verify that the statements made in the foregoing docwnent are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, Section 4904, relating to unsworn falsification to authorities. Date: fa - ;lS - 0 tf ~~// d__ Ti~~g;f.;tt, Plaintiff r ~ ~ .fQ. -5ll- ~o~ J\L "t" "-i ~ () 0 "1 <:i\. () 1 C> ti ,-. ~~ ~~ ~ :;or-:. #.1 ~ t..- .. r ". '".' .; II/September 8, 2004 3:03 PM TIMOTHY BARRETT, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-3102 CIVIL JO ANN FORD BARRETT, DEFENDANT CIVIL ACTION - DIVORCE AFFIDAVIT OF SERVICE I, Ann V, Levin, Esquire, attorney for Plaintiff in the above-captioned matter, do hereby certify that I served a true and correct copy of the Complaint Under Section 330l(c) or 330l(d) of the Divorce Code on Defendant, Jo Ann Ford Barrett, by delivering same by U,S, Certified Mail, return receipt requested, Article Number 7001 1940000082462004, postage prepaid, on July 22,2004, addressed as follows: Jo Ann Ford Barrett 5101 Chevers Drive Glen Mills, PA 19342 Defendant personally received said documents on August 6, 2004, as evidenced by her signature on the certified mail return receipt card which is attached hereto, I verify that the statements in the foregoing Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, Section 4904, relating to unsworn falsification to authorities, SMIGEL, ANDERSON & SACKS Date: 1- /0 - fJi J~.~ By: Ann V. evin, Esquire LD, #: 70259 4431 North Front Street Harrisburg, P A 17110 (717) 234-2401 Attorney for Plaintiff .\ . Complete nems 1, 2. and 3. Also complete nem 4 II Restricted Delivery is desired, . Print your name and address on the reverse lOihat we can return the card to you. . Attach this card to the back of the mallplece, or on the front II space permits. 1. Artlole Addressed to: Jo Ann f"o'fd 5osTe& '5\0\ (.X\cvefS Dr\\J e.., 6\exl1Y\i\\5) PA. IQo4'L ~.ijl!; , Is delivery address ~tOfn-rtem'#,,1;l Yes If YES, enter delivery address below: '~..)~.o /,1;,,:'1 ,'Eo\ I ''"-.. _ . , _~'- .' ?170'1 .i ,;~,. ~ 3. Service Type ~_.:;L_,__/ 1il Certified Mail 0 Exp.... Mail o Registered 0 Return Receipt for Merc~ o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service /abeT) PS Form 3811, August 2001 7001 1940 0000 824b 2004 DomestiC Return Receipt 102595-02-1.4-1035 . TIMOTHY BARRETT, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. CIVIL ACTION - LAW JO ANN FORD BARRETT, NO. 04-3102 Civil Defendant 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 prompt action, You are warned that if you fail to do so, the case may proceed without you and a decree of divorGe or annulment may be entered against you by the court, A judgment may also be entered agaiinst you for any other claim or relief requested in these papers by the Defendant/Counterclaim 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 mamiage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. 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. THIS OFFICE CAN PROVmE 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 (717) 249-3166 2 TIMOTHY BARRETT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. JO ANN FORD BARRETT, : NO. 04-3102 Civil Defendant : IN DIVORCE ANSWER AND COUNTERCLAIM AND NOW, comes the Defendant, JO ANN FORD BARRETT, by and through her counsel, CONSTANCE P, BRUNT, ESQUIRE, and answers the Plaintiffs Complaint as follows: ANSWER COUNT I - DIVORCE L Admitted. 2, Admitted, 3. Admitted, 4. Admitted, 5. Admitted, 6, Admitted, 7, Admitted. 8, Admitted, 9, After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the alle:gations set forth in Paragraph 9, The same are therefore specifically denied and proof thereof is demanded at triaL 10. Admitted, COUNT II - EOUlT ABLE DISTRIBUTION 11, The answers to Paragraphs 1 through 10 he:reinabove are incorporated by reference as though fully set forth hereinafter, 12, Admitted, 2 COUNTERCLAIM COUNT I REOUEST FOR ALIMONY PENDENTE LITE:. COUNSEL FEES, COSTS AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 13, The Defendant/Counterclaim Plaintiff is JO ANN FORD BARRETT, an adult individual, who currently resides at 510 I Chevers Drive, Glen Mills, Delaware County, Pennsylvania. 14, The Plaintiff/Counterclaim Defendant is TIMOTHY BARRETT, an adult individual, who currently resides at 1114 Sherwood Drive, Carlisle, Cumberland County, Pennsylvania, 15. The Defendant/Counterclaim Plaintiff and the Plaintiff/Counterclaim Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Counterclaim, 16, The Defendant/Counterclaim Plaintiff and the Plaintiff/Counterclaim Defendant were married on February 28,1969, in Miami, Florida, 17, The Defendant/Counterclaim Plaintiff is without sufficient assets and income to support herself, pay her attorney's fees and the costs 1md expenses of this action, 3 18, The PlaintiftlCounterclaim Defendant has sufficient earning capacity to support the Defendant/Counterclaim Plaintiff and to pay the Defendant/Counterclaim Plaintiffs attorney's fees and the costs and expenses of this action, 19, Defendant/Counterclaim Plaintiff requests the Court to order the PlaintiftlCounterclaim Defendant to support the Defendant/Counterclaim Plaintiff during the pendency of this action and to pay Defendant/Counterclaim Plaintiffs counsel fees, expenses and the costs of this action, pursuant to Section 3702 of the Divorce Code, COUNT II REOUEST FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 20, Paragraphs 13 through 16 inclusive of Count I are specifically incorporated by reference as though fully set forth hereinafter. 21, Defendant/Counterclaim Plaintiff lacks sufficient property to provide for her reasonable needs, 22, Defendant/Counterclaim Plaintiff is unable to sufficiently support herself through appropriate employment. 4 23. Plaintiff/Counterclaim Defendant has sufficient property, assets, and income to provide continuing support for the Defendant/Counterclaim Plaintiff, 24, Defendant/Counterclaim Plaintiff requests the Court to order the Plaintiff/Counterclaim Defendant to pay alimony to Defendant/Counterclaim Plaintiff pursuant to Section 3701 of the Divorce Code. WHEREFORE, Defendant/Counterclaim Plaintiff prays your Honorable Court to enter an Order as follows: (a,) Dissolving the marriage between the parties; (b,) Equitably distributing, dividing or assigning the marital property of the parties; ( c,) Directing Plaintiff/Counterclaim Defendant to pay Defendant/Counterclaim Plaintiff alimony pendente lite, counsel fees, costs and expenses arising out of this action; (d.) Directing Plaintiff/Counterclaim Defendant to pay Defendant/Counterclaim Plaintiff support and alimony; 5 (e,) Granting such further relief as the Court may determine appropriate and just. Respectfully submitted, DATED: /O/7fY I1IJJ CONSTANCE P, BRUNT, ESQUIRE Supreme Court ID # 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (71 7) 232-7200 Attorney for Defendant/Counterclaim Plaintiff 6 VERIFICATION I verifY that the statements made in the foregoing Answer And Counterclaim are true and correct. I understand that false statements herein are madl~ subject to the penalties of 18 Pa.C.S, 94904, relating to unsworn falsification to authorities, DATED: Ip/~/oY 1./ /3a/) AJil/ o ANN FORD BARRETT, efendant/Counterclaim Plaintiff . CERTIFICATE OF SERVIC]~ I, CONSTANCE P, BRUNT, ESQUIRE, do hereby certify that on the (jL, day of fJ<:tL ,2004, I served a true and correct copy of the foregoing Answer And Counterclaim by depositing same in the United States Mail, first-class postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Ann V, Levin, Esquire SMIGEL, ANDERSON & SACKS 4431 North Front Street Harrisburg, P A 1711 0 Attorneys for Plaintiff/Counterclaim Defendant CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID # 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 Attorney for Defendant/Counterclaim Plaintiff ~f(:;D ~~ 0f UV ~ D - , Ct 1~ . r "-> ~ 5.2 c..:> C) ---1 ::J .r:- CJ o -r, -; -r hi;D !'r-, c:; eLl :i". ".II (5 I-il 4 ~ TIMOTHY BARRETT, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-3102 CIVIL JO ANN FORD BARRETT, DEFENDANT CIVIL ACTION - DIVORCE PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please discontinue the above-referenced action with prejudice and mark the docket "Discontinued." The Defendant died on October 5, 2005, prior to the entry of a divorce decree. Date: fl-l-oftJ SMIGEL, ANDERSON & SACKS, LLP u6 By: ~" Ann . Levin, Esquire J.D. #: 70259 4431 North Front Street Harrisburg, P A 17110 (717) 234-2401 Attorney for Plaintiff .' .# . TIMOTHY BARRETT, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-3102 CIVIL JO ANN FORD BARRETT, DEFENDANT CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, counsel for Plaintiff in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Praecipe to Discontinue on counsel for the Defendant by placing same in the U.S. Mail, first class, postage paid on the -L day of November, 2006, addressed as follows: CONSTANCE BRUNT, ESQUIRE SERRATELLI, SCHIFFMAN, BROWN & CALHOON 1820 LINGLESTOWN ROAD HARRISBURG, PA 17110 ::IrRS~N Z;P Ann . LevIn, EsqUIre I.D.#: 70259 4431 North Front Street Harrisburg, P A 1711 0 (717) 234-2401 Attorney for Plaintiff ~..:; CJ = -n ,.:;;..... I W f',:; f'J CJ