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HomeMy WebLinkAbout02-1876 SAIDIS SHUFF, FLOWER & LINDSAY ATrORNBYS,AT*IAW 25 W. High Street Carlisle, PA DAVID L. BARNHILL, VS. BESSIE A. BARNHILL, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002- l~:>?~ CIVILTERM .. : IN DIVORCE 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 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 the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff 1~44JigL~ndsayt Esquire 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY ATTOIt~/S.ATeLAW 26 W. High Street Carlisle, PA DAVID L. BARNHILL, VS. BESSIE A. BARNHILL, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002- ,,/~?~_ ClVlL TERM IN DIVORCE COMPLAINT DAVID L. BARNHILL, Plaintiff, by his attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is David L. Bamhill, who currently resides at 86 Country View Estates, Newville, Cumberland County, Pennsylvania, where he has resided since August 2001. 2. The Defendant is Bessie Ann Bamhill, who currently resides at 604 Stanley Circle, Darlington, South Carolina 29532, where she has resided since approximately 1994. 3. The Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. The Defendant has never resided in the Commonwealth. 4. The Plaintiff and Defendant were married on May 8, 1988, at Darlington, South Carolina. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff avers that he is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. SAIDIS SHUFF, FLOWER & LINDSAY A~rORI~YS*AT.LAW 26 W. High Street Carlisle, PA 7. Plaintiff has been advised of the availability of mardage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. Date: /I SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS*AT,,LAW 26 W. High Street Carlisle, PA VERIFICATION I, the undersigned, hereby verify that the statements made herein 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. David L. Barnhill Date: SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High SIreet Carlisle. PA DAVID L. BARNHILL, VS. BESSIE A. BARNHILL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002- 1876 ClVlLTERM : AND now, this CAROL J. LINDSAY, CERTIFICATE OF SERVICE 25 day of ___September LINDSAY, Esquire, of the law firm of SAIDIS, SHUFF, Attorneys, hereby certify that I served the Defendant, , 2003, I, FLOWER & BESSIE A. BARNHILL, on July 29, 2003, with the Notice of Intention to File Praecipe to Transmit Record, by 1st Class Mail addressed to: Bessie A. Barnhill 604 Stanley Circle Darlington, SC 29532 SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff ;ay, Esq~re Ca ro.J,d. Lir 26 ~ High Street Carlisle, PA 17013 (7'17) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA DAVID L. BARNHiLL, VS. BESSIE A. BARNHILL, Plaintiff Defendant : IN THE'. COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002- 1876 ClVlLTERM : : IN DIVORCE TO: NOTICE OF INTENTION TO REQUEST ENTRY OF A 3301 (d) DIVORCE DECREF Bessie A. Barnhill 604 Stanley Circle Darlington, SC 29532 YOU HAVE BEEN SUED IN AN ACTION FOR DIVORCE. You have failed to answer the Complaint or file a Counter-Affidavit to the Plaintiffs Affidavit. Therefore, on or after January 1, 2000, the Plaintiff 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. 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. A COUNTER- AFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. 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, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA DAVID L. BARNHILL, VS. BESSIE A. BARNHILL, Plaintiff Defendant : iN THE: COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002- 1876 ClVILTERM : : IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: Bessie A. Barnhill 604 Stanley Circle Darlington, SC 29532 David L. Barnhill, Plaintiff, intends to file w?th the Court the attached Praecipe to Transmit the record on or after May 15, 2003, requesting that a final Decree in Divorce be entered. SAIDIS, SHUFF, FLOWER & LINDSAY. Attorneys for Plaintiff By: Ca_;ol~. ~Li C~sAy;..rEs(:~re IBrd4693' 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS ~HUFF, FLOWER & LINDSAY 26W. High Sireet Carlisle, PA DAVID L. BARNHILL, VS, BESSIE A. BARNHILL, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBFRLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 2002- 1876 ClVILTERM : IN DIVORCE 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. SAIDIS, oHUFF, FLOWER & LINDSAY. Attorneys for Plaintiff Carol J. indsay, Es(~ir' 26 West High Street Carlisle, PA 17013 (717) 243-6222 DAVID L. BARNHILL, V$, BESSIE A, BARNHILL, Plaintiff: Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002- 1876 ClVILTERM : : IN DIVORCE 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-AFFIDA VIT. SAIDIS 5HUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA SAIDIS ~HUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA DAVID L. BARNHILL, VS. BESSIE A. BARNHILL, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002- 1876 CIVIL TERM : : IN DIVORCE COUNTER AFFIDAVIT UNDER SECTION 3301 (d) CHECK EITHER (A) OR (B): (a) (b) OF THE DIVORCE CODE I do not oppose the entry of the divorce decree. I oppose the entry ora divorce decree because: (CHECK(I},(il)ORboth): (i) The parties to this action have not lived separate and apart for a period of at least two years; and (ii) The marriage is not irretrievable broken. 2. CHECK EITHER (A) OR (B): (a) (b) do not wish to make any claims for economic relief. I understand that 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 wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights, VERIFICATION I, the undersigned, hereby verify that the statements made herein 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. Bessie A. Barnhill Date: SAIDIS SHUFF, FLO~/~_~R & LINDSAY 26 W. High Street Carlisle, PA DAVID L. BARNHILL, VS. BESSIE A. BARNHILL, Plaintiff Defendant : IN THE! COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002- 1876 CIVILTERM : : IN DIVORCE AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODF 1. The Parties to this action separated on April 1, 2001 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. VERIFICATION I, the undersigned, hereby verify that the statements made herein 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. David L. Barnhill Date: SAIDIS SHUFF, FLOWER & LINDSAY DAVID L. SARNHILL, V$, BESSIE A. BARNHILL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002- 1876 CIVIL TERM CERTIFICATE OF SERVICF AND now, this ~ -') day of..~./'~.~//.~Jr"' , 2002, i, CAROL J. LINDSAY, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the Defendant, BESSIE A. BARNHILL, on April 26, 2002, with the Complaint in Divorce by Certified Mail, Restricted Deliver, Addressee Only, Return Receipt Requested, addressed to: Bessie A. Bamhill 604 Stanley Circle Darlington, SC 29532 and proof thereof, the signed Return Receipt Card, is attached hereto. SAIDIS, SHUFF, FLOWER & UNDSAY Attorneys for Plaintiff By. t//~~ ~~u -- ~sLi ire 26 West High Street Carlisle, PA 17013 (717) 243-6222 DAVID L. BARNHILL, VS. BESSIE A. BARNHILL, Plaintiff Defendant : IN THE! COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002. 1876 CIVIL TERM : : IN DIVORCE _PROOF OF SERVICF · Complete items 1, 2, and 3. AJso complete item 4 if Restricted Delivery is desired. i Print your name and address on the reverse so that we can tatum the card to you. · Attach this card to the back of the mallpleca, or on the front if space permits. 1. Article A~lreseed to: 2. ~ttlcle Number D. Isdellvetyaddm~ediffemfltffomfteml? /-lyes If YES, ente~ delivery aCldr~s below: I-I No SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA DAVID L. BARNHILL, ¥$. BESSIE A. BARNHILL, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : CIVIL ACTION - LAW : NO. 2002. 1876 ClVlL TERM : : IN DIVORCE AMMENDED 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 ~3(H-~3301 (d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: April 26, 2002 by Certified Mail, Restricted Delivery, Addressee Only, Return Receipt Requested. (attached to original Praecipe) 3. (Complete either paragraph (a) or (b)). (b) (1) Date of execution of the Plaintiff's affidavit required by Section 3301(d) of the Divorce Code: April 17, 2003 (2) Date of service of the Plaintiff's affidavit upon the Defendant: July 29, 2003 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, a copy of which is attached: 1st Class Mail on October 2, 2003. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Car for Plaintiff DAVID L. BARNHILL, VS. BESSIE A. BARNHILL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002- 1876 ClVlL TERM _CERTIFICATE OF SERVICI- AND now, this 2.. .~ay of ~~/ , 2003, I, CA.OL j. LINDSAY, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY Attomeys, hereby certify that I served the Defendant, BESSIE A. BA.NHILL, on October 2, 2003, with the amended Notice of Intention to Request Entry of a 3301(d) Divorce Decree and the Notice of Intention to File Praecipe to Transmit Record, by 1st Class Mail addressed to: Bessie A. Barnhill 604 Stanley Circle Darlington, SC 29532 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff Carlisle, PA 17013 (717) 243-6222 JAMES D. FLOWER JOHN E. SLIKE ROBERT C. SAIDIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROL J. LINDSAY MATTHEW J. ESHELMAN KIRK S. SOHONAGE THOMAS E. FLOWER LINDSAY GINGRICH MACLAY JACLYN M. SMITH LAW OFFICES SAIDIS, SHUFF, FLOWER & ][.INDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6510 EMAIL: clJndsay@ssfl-law.com www.ssfl-Iaw.com October 2, 2003 % % WEST SHORE OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE Bessie A. Barnhill cio Jean Weeks 2469 Green Street Road Darlington, SC 29532 Dear Ms. Barnhill: Enclosed please see amended copies of the Notice of Intention to Request Entry of a 3301 (d) Divorce Decree and the Notice of Intention to Transmit the Record. CJ!dsam Enclosures Very truly yours, SAtDIS~SHU FF,C//~~/ !~& LINDSAY SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Streel Carlisle, PA DAVID L. BARNHILL, VS. BESSIE A. BARNHILL, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002- 1876 CIVILTERM : : IN DIVORCE NOTICE OF INTENTION TO TRANSMIT THE RECORD TO: Bessie A. Barnhill 604 Stanley Circle Darlington, SC 29532 David L. Barnhill, Plaintiff, intends to file with the Court the attached Praecipe to Transmit the record on or after December 1, 2003, requesting that a final Decree in Divorce be entered. SAIDIS, SHUFF, FLOWER & LINDSAY. Attomeys for Plaintiff By: Carlisle, PA 17013 (717) 243-6222 SAIDIS SttlJFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA DAVID L. BARNHILL, VS. BESSI~ A. BARNHILL, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW :NO. 2002- 1876 C1VILTERM : : IN DIVORCE To the Prothonotary: PRAECIPE TO TRANSMr]" RECORD 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) 3301(d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: April 26, 2002 by Certified Mail, Restricted Delivery, Addressee Only, Return Receipt Requested. (see attached) 3. (Complete either paragraph (a) or (b)). (b) (1) Date of execution of the Plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: April 17, 2003 (2) Date of service of the Plaintiff's 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, a copy of which is attached: Carol J. Lindsay, Attorney for Plaintiff DAVID L. BARNHILL, VS. BESSIE A. BARNHILL, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002- 1876 CIVIL TERM .' : IN DIVORCE NOTICE OF INTENTION TO REQUEST _E, NTRY OF A 3301 (d) DIVORCE DECREI- TO: Bessie A. Barnhill 604 Stanley Circle Darlington, SC 29532 SAIDIS SHUFF, FLOWER & LINDSAY Carlisle, PA YOU HAVE BEEN SUED IN AN ACTION FC)R DIVORCE. You have failed to answer the Complaint or file a Counter-Affidavit to the Plaintiff's Aff~davit. Therefore, on or after December 1, 2003, the Plaintiff can request tJhe 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. 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. A COUNTER- AFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. 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 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA DAVID L. BARNHILL, VS. BESSIE A. BARN H ~ ~ ,L, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO. 2002- 1876 CIVIL TERM : : 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 ~-efi~,~3-3~ 3301 (d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: April 26, 2002 by Certified Mail, Restricted Delivery, Addressee Only, Return Receipt Requested. (see attached) 3. (Complete either paragraph (a) or (b)). (b) (1) Date of execution of the Plaintiff's affidavit required by Section 3301(d) of the Divorce Code: _ April 17, 2003 (2) Date of service of the Plainliff's affidavit upon the Defendant: July 29, 2003 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, a copy of which is attached: July 29, 2003 by 1st class mail on the defendant at address at which service of Complaint was made. C~o, J~.'~, Attorney for P--~laintiff IN THE COURT Of COMMON PLEAS David L. Barnhill Plaintiff VERSUS Bessie A. Barnhill Defendant OF CUMBERLAND COUNTY STATE OF ~ PENNA. NO. 2002-1876 DECREE IN! DIVORCE AND NOW, ~-~ , IT IS ORDERED AND DECREED THAT David L. Barnhill Bessie A. Barnhill AND PLAINTIFF, DEFENDANT, ARE DIVORCED FROM THE bONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD iN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None PROTHONOTARY