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HomeMy WebLinkAbout06-0620LINDA M. BARNES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. RANDALL A. BARNES, Defendant CIVIL ACTION - LAW NO. IN DIVORCE CIVIL TERM NOTICE 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 ofyour 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 the Cumberland County Court House, High and Hanover Streets, Carlisle. 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 Phone: (717) 249-3166 4 LINDA M. BARNES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RANDALL A. BARNES, :NO. 0G- G a o CIVIL TERM Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Linda M. Barnes, who currently resides at 155 Cedar Lane, Carlisle, Cumberland County, Pennsylvania, since September 23, 2005. 2. Defendant is Randy A. Barnes, who currently resides at 203 Race Street, Boiling Springs, Cumberland County, Pennsylvania, since 1992. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on September 28,1996, at Boiling Springs, Cumberland County, Pennysylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 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 unswom falsification to authorities. Date: I -17 --04 +o(? ? v? Linda M. Barnes, Plaintiff ANDREWS & JOHNSON By: r yo??' Ronald E. John Esq. Attorneys for intiff 78 W. Pomfret Street Carlisle, PA 17013 (717) 243-0123 r W nn; ?Y -- CS rn ?i C D 'p p v ca LINDA M. BARNES. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RANDALL A. BARNES, : NO. W - 4Vj1,2D CIVIL TERM Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in Divorce on behalf of the Defendant, Randall A. Barnes, in the above-captioned action and I certify that I am authorized to do so. DATE: By: Michael A. Scherer, Esq. Attorney tor Defendant «_., ',_ pF , _ -i ,?+ , -?.? r., *,.. ?+,.., 3 LINDA M. BARNES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. RANDALL A. BARNES, Defendant CIVIL ACTION - LAW NO. 06-620 IN DIVORCE CIVIL TERM NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a counter-affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on September 23, 2005, and have continued to live separate and apart for a period of at least two 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:1 Linda M. Barnes, Plaintiff LINDA M. BARNES, V. RANDALL A. BARNES, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 06-620 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on this date, December 1, 2008, I mailed a copy of Notice and Affidavit Under Section 3301(d) of the Divorce Code to the following person at the following address by U.S. Mail, postage prepaid, delivered to addressee only: Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 I verify that the statements made in the foregoing Certificate of Service are true and correct understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. ANDREWS & JOHNSON By: Ronald E. Jo on, Esquire Attorneys f laintiff 78 W. Pomfret Street Carlisle, PA 17013 (717) 243-0123 ?., _ .?-_ =.? ` ??? {`?: ?. ,.: { ?. LINDA M. BARNES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RANDALL A. BARNES, : NO. 06-620 CIVIL TERM Defendant : IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF SECTION 3301(d) DIVORCE DECREE TO: Randall A. Barnes, Defendant c/o Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 You have been sued in an action for divorce. You have failed to answer the complaint or file a counter affidavit to the Section 3301(d) affidavit. Therefore, on or after January 16, 2009, 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, 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 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 LINDA M. BARNES, V. RANDALL A. BARNES, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 06-620 CIVIL TERM IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 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 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. § 4904 relating to unsworn falsification to authorities. Date: Randall A. Barnes, 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 need not file this counter-affidavit. LINDA M. BARNES, V. RANDALL A. BARNES, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-620 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on this date, December 23, 2008, I mailed a copy of Notice of Intention to Request Entry of Section 3301(d) Divorce Decree and Counter Affidavit to the following person at the following address by U.S. Mail, postage prepaid, delivered to addressee only: Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 I verify that the statements made in the foregoing Certificate of Service 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. ANDREWS & JOHNSON By: Ronald E. J 's6n, E Attorneys f Plaintif 78 W. Pomfret Street Carlisle, PA 17013 (717) 243-0123 f`w 7 ' ?. ..°.. '. u 4 .. ?,....? C,? .>$ ??} .. ? . ?? =1 f.,? 4?a .. 't ..,,o,,,t "'?... LINDA M. BARNES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. RANDALL A. BARNES, Defendant CIVIL ACTION - LAW NO. 06-620 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 31, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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 unsworn falsification to authorities. Date: / i5 4 f 6& *nnddaa Barnes, Plaintiff a ? ?' , ? ? ,„. y ;_ :'.. J „may 4"(' a ?,,,.,.. _ ? • .?r.a _:, 1?,J ?- , . ?: `i't .. 3 ?Vp'y ,?i.Mk I LINDA M. BARNES, V. CIVIL ACTION - LAW RANDALL A. BARNES, : NO. 06-620 CIVIL TERM Defendant : IN DIVORCE 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 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 unsworn falsification to authorities. Date: -A (If *inndda*M. Barnes, Plaintiff : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA r .? -TI .a. .... .cam, _ N? LINDA M. BARNES, V. RANDALL A. BARNES, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 06-620 IN DIVORCE n CIVIL TERM: N r? c-a N W 0 ?s s -c NOTICE OF INTENTION TO REQUEST ENTRY OF SECTION 3301(d) DIVORCE DECREE TO: Randall A. Barnes, Defendant c/o Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 ca co You have been sued in an action for divorce. You have failed to answer the complaint or file a counter affidavit to the Section 3301(d) affidavit. Therefore, on or after January 16, 2009, the other parry 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, 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 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 rRue COPY FROM RECOR...i Testimony wherM, I here Unto set My haK;. the Seel of UW Cou at Carle Pa. Prt?fhtt?tr?t?r'? LINDA M. BARNES, V. RANDALL A. BARNES, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 06-620 CIVIL TERM IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 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 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. § 4904 relating to unsworn falsification to authorities. Date: Randall A. Barnes, 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 need not file this counter-affidavit. R? A LINDA M. BARNES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RANDALL A. BARNES, : NO. 06-620 CIVIL TERM Defendant : IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on this date, December 23, 2008, I mailed a copy of Notice of Intention to Request Entry of Section 3301(d) Divorce Decree and Counter Affidavit to the following person at the following address by U.S. Mail, postage prepaid, delivered to addressee only: Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 I verify that the statements made in the foregoing Certificate of Service are true and correct. I understand that false statements herein are made subiect to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. ANDREWS & JOHNSON By: t Ronald E. J son, Attorneys f Plaintif 78 W. Po et Street Carlisle, PA 17013 (717) 243-0123 ? ? ?4 i LINDA M. BARNES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RANDALL A. BARNES, : NO. 06-620 CIVIL TERM Defendant : 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 Section 3301(c) or 3301(d)(1) of the Divorce Code. 2 Date and manner of service of the complaint: January 31, 2006 - acceptance of service signed by Defendant's counsel, Michael A. Scherer. 3. (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiff January 15, 2009 by Defendant (b) (1) Date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: November 12, 2008; (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 12-1-08, service upon Defendant's counsel. 4. Related claims pending: None 5. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: 12-23-08 served upon Defendant's counsel by regular mail. (b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: ANDREWS & JOHNSON Date: January !!?I , 2009 By- r Ronald E. Johns, Esq. 78 West Pomfre Street, Carlisle, PA 17013 (717) 243-0123 ?? ? -> -- . e? ^'^- i 3 : _ tlnY X ._ ? f1\ ?. ? ..,? __. ? .... ..w,x ? % I ?Ni? 1 s t .3 .l"2 ,. ?" ?? LINDA M. BARNES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RANDALL A. BARNES NO. 06-620 DIVORCE DECREE AND NOW, tA%(,jc,,-,I *?,OUOt , it is ordered and decreed that LINDA M. BARNES , plaintiff, and RANDALL A. BARNES , 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 the Court, Attest: J. Prothonotary IT e