HomeMy WebLinkAbout01-4088
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REBECCA L. BARCLAY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2001-4088
CIVIL TERM
SCOTT E. BARCLAY,
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 for divorce: irretrievable breakdown under S 3301(c) JJe1{d) of the Divorce
Code. (Strike out inapplicable section).
2. Date and manner of service of the Complaint. Service was made on July 2, 2001 by
serving the Complaint upon an adult individual at the Defendant's residence.
3. (Complete either paragraph (a), or (b).)
(a) Date of execution of the Affidavit of Consent required by S 3301(c) of the Divorce
Code: by the Plaintiff: October 2, 2001; by the Defendant: November 27,2001.
(b) (1) Date of execution of the Plaintiffs Affidavit required by S 3301(d) of the Divorce
Code:
(2) Date of serVIce of the Plaintiffs Affidavit upon the Defendant:
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 to Transmit
Record, and a copy of which is attached:
(b) Date of execution of the Waiver of Notice of Intention to File Divorce Decree as
required by S 3301(c) of the Divorce Code: by the Plaintiff: October 2,2001; by the Defendant:
November 27, 2001.
Date: December 10,2001
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Thomas . DIehl, EsqUIre
Attorney for Plaintiff
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REBECCA L. BARCLAY,
Plaintiff
: IN THE COURT 'OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2001- LfOg~ CIVIL TERM
SCOTT E. BARCLAY,
Defendant
: 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 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
Prothonotary's Office at the 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 LA WYER 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
REBECCA L. BARCLAY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2001- 'ioS? CIVIL TERM
SCOTT E. BARCLAY,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF
THE DIVORCE CODE
The Plaintiff, Rebecca L. Barclay, through her attorney, Thomas S. Diehl, makes the
following Complaint in Divorce, and, in support thereof, avers as follows:
1. The Plaintiff, Rebecca L. Barclay, is an adult individual who currently resides at
29 Church Road, Carlisle, Cumberland County, Pennsylvania 17013.
2. The Defendant, Scott E. Barclay, is an adult individual whose home of record is
45 Leeds Road, Newville, Cumberland County, Pennsylvania 17241.
3. The Defendant and the Plaintiff have been bona fide residents of the
Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this
Complaint.
4. The Plaintiff and the Defendant were married on August 12, 1999 in Carlise,
Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties.
6. The Defendant is a member of the Armed Forces of the United States of America,
and is currently stationed in Germany.
7. The Plaintiff has been advised of the availability of counseling and the right to
request that the Court require the parties to participate in counseling. Knowing this, Plaintiff
does not desire that the Court require the parties to participate in counseling.
8. Plaintiff and Defendant are citizens of the United States of America.
9. The parties' marriage is irretrievably broken.
WHEREFORE, the Plaintiff, Rebecca L. Barclay, respectfully requests your Honorable
Court to enter a decree in divorce pursuant to 23 P.S. S 3301(c) or 3301(d) of the Divorce Code.
Respectfully submitted,
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Date:
,(II,
lJyv'
omas S. Diehl
Attorney for the Plaintiff
One West High Street, Suite 208
Post Office Box 1290
Carlisle, Pennsylvania 17013
(717) 240-0833
(717) 240-0893 - FAX
VERIFICATION
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. S 4904, relating to
unsworn falsification to authorities.
REBECCA L. BARCLAY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2001-4088
CIVIL TERM
SCOTT E. BARCLAY,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDA VIT OF SERVICE
I, Kimberly L. Hough, an adult individual, hereby certify that a Complaint in Divorce was
served upon the residence of the above-captioned Defendant, Scott E. Barclay, at 45 Leeds Road,
Newville, Pennsylvania on July 2,2001. Mr. Seiders, an adult individual living at the residence,
accepted service on behalf of the Defendant who was unavailable at the time service was made.
DA TE:July 2,2001
By: ~.
Imberly ~. Hou , L al Assistant
Law Offices of Tho as S. Diehl
One West High Street, Suite 208
Post Office Box 1290
Carlisle, Pennsylvania 17013
(717) 240-0833
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REBECCA L. BARCLAY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2001-4088
CIVIL TERM
SCOTT E. BARCLAY,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under S3301(c) of the Divorce Code was filed on July 2,
2001.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety
(90) 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. S 4909 relating to unsworn
falsification to authorities.
Date: \0 WO\
~~~,~~.
REBECCA L. l\RCLA Y, PI tiff
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER ~3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a Final Decree in Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if! 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 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. 94909 relating to unsworn
falsification to authorities.
Date:~
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REBECCA L. BARCLAY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2001-4088
CIVIL TERM
SCOTT E. BARCLAY,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under S3301(c) of the Divorce Code was filed on July 2,
2001.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety
(90) 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. S 4909 relating to unsworn
falsification to authorities.
Date: 2/7 "rIJV ~:L
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER ~3301(c) OF THE DIVORCE CODE
I. I consent to the entry of a Final Decree in Divorce without notice.
? I und~r"tand th::lt I m'1Y lose rights concerning alimony, division of t1roperty,
lawyer's fees or expenses if! 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 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. S 4909 relating to unsworn
falsification to authorities.
scoL~~~t
Date: 2" AlP" ~1..
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REBECCA L. BARCLAY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2001-4088
CIVIL TERM
SCOTT E. BARCLAY,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff in the above matter, Rebecca L. Barclay, having
been granted a Final Decree in Divorce on the 19th day of December 2001, hereby elects to
resume the prior surname of BONA WITZ and gives this written notice pursuant to the
provisions of 54 P.S. S 704.
Date:
-
.jOIn I l-i, DC)
Jf1c1iJray -&~~
COMMONWEAL TH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
On the '-I day of ~ ' 2002, before me, a Notary Public,
personally appeared the above affiant known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within document and acknowledge that she executed the
foregoing for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
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REBECCA L. BONA WITZ (BARCLAY), : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2001-4088
CIVIL TERM
SCOTT E. BARCLAY,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, this ~i'" day of fII.,.,J..
, 2002, upon presentation and
consideration of the attached Custody Stipulation and Agreement it is hereby ordered and
directed that it be entered as an Order of Court.
BY THE COURT,
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REBECCA L. BONAWITZ (BARCLAY), : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2001-4088
CIVIL TERM
SCOTT E. BARCLAY,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
CUSTODY STIPULATION AND AGREEMENT
THIS AGREEMENT AND STIPULATION entered into on the day and year
hereinafter set forth, by and between REBECCA L. BONAWITZ, hereinafter referred to as
"Mother" and SCOTT E. BARCLAY, hereinafter referred to as "Father".
WHEREAS, the parties are the natural parents of Isaac Scott Barclay, born June 30,
1998; and
WHEREAS, the parties wish to enter into an agreement relative to custody and partial
custody of the child.
NOW THEREFORE, III consideration of the mutual covenants, promIses, and
agreements as hereinafter set forth, the parties agree as follows:
1. Mother shall maintain legal and primary physical custody of the child with
periods of temporary physical custody belonging to the Father as mutually agreed upon.
2. The parties shall share physical custody of the child during the holidays as
mutually agreed upon.
3. Transportation of the child shall be shared by the parties.
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4. The parties will keep each other advised immediately in the event of serious
illness or medical emergency concerning the child, and shall take any necessary steps to ensure
that the health and well-being of the child are protected. During such illness or medical
emergency, both parties shall have the right to visit the child as often as he or she desires
consistent with the proper medical care of the child.
5. The parties shall not do anything that may estrange the child from the other party,
or Injure the opinion of the child as to the other party, or hamper the free and natural
development of the child's love and affection for the other party.
6. The parties may make such alternate arrangements regarding the physical custody
of the child so long as they may mutually agree. The parties anticipate regularly varying from
the terms of this Stipulation in order to accommodate the schedules of each other and the child.
However, if the parties cannot reach a mutual agreement, the terms of this Stipulation and Order
shall control.
7. Any modification or waiver of any of the provisions of this Agreement shall be
effective only if made in writing and only if executed with the same formality as this Stipulation
and Agreement.
8. The parties desire that this Stipulation and Agreement be made an Order of the
Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the
Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of
custody of the parties' minor child who has resided in Cumberland County for more than six
months and shall retain such jurisdiction should circumstances change and either party desires or
requires modification of said Order.
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9. The parties acknowledge that they have read and understand the provisions of this
Agreement. Each party acknowledges that the Agreement is fair and equitable, and that it is not
the result of duress or undue influence.
10. Each party has had an opportunity to consult independent legal counsel of his or
her own selection. Defendant herein specifically acknowledges that he has chosen to proceed in
this matter without legal counsel, and furthermore specifically acknowledges that he is aware of
his right to consult with counsel before signing the within Agreement, and has voluntarily and
freely chosen not to exercise that right. Each party regards the terms of this Agreement as fair
and equitable, and each has signed it freely and voluntarily without relying upon any
representation other than those expressly set forth herein.
IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms
hereof set forth their signatures the day and year herein mentioned.
FEB 0 8 2002
DATE
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DATE
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COMMONWEAL TH OF PENNSYLVANIA
COUNTY OF CUMBERLAND : SS
On this ~'day of 2002, before me, the undersigned officer,
personally appe~ ~ known to me (or satisfactorily
proven) to be the person ose name is ed to the within Agreement and acknowledge
that he/she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~~/
/Nota u IC ./
WITH THE UNITED STATES
ARMED FORCES IN EUROPE
HANAU lEGAL CENTER
G0MN\~~EA:t1ftJ OF PENN8YL VANIA
-COUNTY OF : SS
On thisJDvJl day of k.1rUQ{ L{ , 2002, before me, the undersigned officer,
personally appeared SCOt \' E ~ a.v c..\ Q ~\ known to me (or satisfactorily
proven) to be the person whose name is subscrib~d to the within Agreement and acknowledge
that he/she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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