HomeMy WebLinkAbout02-2672 IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Richard E. Baker,
VS.
Barbara A. Baker,
Plaintiff,
Defendant,
Civil Action - Law
No. (~
In Divorce a v.m.
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 mardage counseling. A list of mardage counselors is available in the Office of the
Prothonotary, Cumberland County Court House, 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 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, PA 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Franklin 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 or business before the court. You must attend the scheduled conference
or hearing.
1079063-1
Richard E. Baker,
VS.
Barbara A. Baker,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
)
Plaintiff, )
)
)
)
)
Defendant, )
Civil Action - Law
In Divorce a v.m.
COMPLAINT UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE
COUNT 1
DIVORCE
1. Plaintiff is RICHARD E. BAKER, a sui juris adult, who currently resides at 2
Cleversburg Road, Shippensburg, Cumberland County, Pennsylvania, since approximately
May, 1974.
2. Defendant is BARBARA A. BAKER, a sui juris adult, who currently resides at #145
Shippensburg Mobile Estates, Shippensburg, Cumberland County, Pennsylvania, since
approximately May, 2001.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at
least six months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on May 18, 1974 in Dillsburg, York
County, Pennsylvania.
5. There have been no prior actions of divorce or annulment of marriage between the
parties except the action represented by this Complaint.
6. The marriage is irretrievably broken.
7. Neither the Plaintiff nor Defendant is a minor or incompetent.
8. 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.
9. Plaintiff requests the court to enter a decree of divorce.
1079063-1
COUNT II
EQUITABLE DISTRIBUTION - SECTION 3502
10.The allegations of paragraphs 1 through 8 hereof are incorporated herein as fully
as though set out at large.
11. The parties have been unable to determine and equitably dispose of their
respective rights and interests in the marital property.
12. Plaintiff will, within 60 days after service of this Complaint upon the Defendant,
cause to be filed an inventory and appraisement of all property owned or possessed at the
time this Complaint is filed.
WHEREFORE, Plaintiff requests your Honorable Court to equitably divide, distribute
and assign the marital property pursuant to the provisions of Section 3502 of the Divorce
Code.
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.
Section 4904, relating to unsworn falsification to authorities.
Date:
Richard E. Baker
BARLEY, SNYDER, SENFT & COHEN, LLC.
I~artha B. Walker,~Esquire
Attorney for Plaintiff
1079063-1
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Richard E. Baker,
VS.
Barbara A. Baker,
)
Plaintiff, )
)
)
)
)
Defendant, )
Civil Action - Law
No. 02-2672-Civil Term
In Divorce a v.m.
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF FRANKLIN )
Martha B. Walker, Esquire, being duly sworn according to law, deposes and says that she is
the attorney for the Plaintiff, Richard E. Baker, in the above-captioned matter; that she did serve a
tree and attested copy of the Complaint under Section 3301(c) or (d) of the Divorce Code by mailing
the same to Barbara A. Baker, Defendant, by certified mail, restricted delivery, article number 7106
4575 1294 2335 2158 on June 7, 2002, to her mailing address of #145 Shippensburg Mobile
Estates,Shippensburg, Pennsylvania 17257; that said certified mail article was delivered to Barbara
A. Baker, Defendant, on June 12, 2002, all as appears from the receipt for certified mail and the
return receipt attached hereto.
BARLEY, SNYDER, SENFT & COHEN, LLC
Sworn and subscribed to before me
this ~ml day of ~l'l~l~ ,2002.
!
Notary Pu~ic
By:
thafi. Walker, Esquire
Attomgy for Plaintiff
I Notarial Seal
Stacey A. Shank, Notary Public
Chamb~sbur8 Bom, Franklin County
My Commission Explrea San. 12, 2004
1092436-1
7106 4~7~ 1294 ~3~!$~ 2~n8
TO: Barbara A. Baker
# 145 Shippensburg Mobile Estates
Shippensburg PA 17257
SENDER:
Martha Walker
REFERENCE: Richard Baker
PS Form 3800, June 2000
RETURN Postage 97
RECEIPT Certified Fee 2. ] 0
SERVICE Return Receipt Fee ]
Restricted Delive~ 3.20
Total Postage & Fees
~ ..... --.7.37
US Post?' Service POS'~ ~ OR D~*~
· Receipt for
I !
Certified Mail
'~o ,,,o, '-,,,o ,o,' ,.,,~r~,,o.., ,.,,,,,, i ~,.."~ ~'
..................... ..._.:..~ ...... .::..:: =.........~:~L,~:.~..
3. Sewice'rype CERllFIED MAIL
4. Restricted Delivery? (Extra Fee)
1. Articie Ad~,,~:l tq:
~3arbara A. Baker
~145 Shippensburg Mobile Estates
~hippensburg PA 17257
O. ~~t
ff YES. enter delivery addre~ below:.
RE:Ricitard l~ak~r
SENDER:
~ n~um
Martha Walker
AFFIX POSTAGE T'O MAIL PI~'CE TO COVER FIRST CLASS
POSTAGE, CERTIFIED FEE, RETURN RECEIPT FEE AND
CHARGES FOR ANY SELECTED OPTIONAL SERVICES.
1. Detach the form 3811, Domestic return receipt by tear-
ing left to right across perf. Attach to mailpiece by peeling
back the adhesive strips and affixing to front of mailpiece if
space permits. Otherwise affix to back of mailpiece.
2. If you do not want the receipt postmarked, stick the
article # label to the right of the return address, date receipt
and retain the receipt.
3. If you want this receipt postmarked, slip the 3800 receipt
between the return receipt, and the mailpiece, and slide the
edge of the receipt to the gummed edge of adhesive. This will
hold the receipt in place to present to your mailcenter, or post
office service window. (SEE ILLUSTRATION)
4. Enter fees for the services requested in the appropriate
spaces on the front of this receipt.
5. Save this receipt and present it if you make an inquiry.
TO: Barbara A. Baker
# 145 Shippensburg Mobile Estates
Shippensburg PA 17257
SENDER:
Martha Walker
REFERENCE: Richard Baker
PS Form 3800, June 2000
RETURN Postage
RECEIPT Certified Fee ~"]
SERVICE I Return Receipt Fee 2.10
l _50
I Restricted Deliver/ 3.20
I Total Postage & Fees
US Postal Service ] POST~ ~OR D~,~
· Receipt for I/
Certified Mail~(~
'~~"~ I~. _~1
.................................................... ~...: ...... ~ ...........
1. Arlicle A6~,,=~=,~ to.:
+:~.3arbara A. Baker
~145 Shippensburg Mobile Estates
+,~hippensburg PA 17257
RE:Richard Bak'~r
SENDER: r
Martha Wal er
H105.157 REV 9-80
COUNTY
Cumberland
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF HEALTH
VITAL RECORDS
RECORD OF
DIVORCE OR ANNULMENT
[] (CHECK ONE) []
STATE FILE NUMBER
STATE FILE DATE
HUSBAND
1. NAME (First) (Middle) (Last) 2. DATE OF
S~RTH August 15, 1947
Richard E. Baker
3. RESIDENCE (Street; City, Boro Or Twnshp; County; State) 4. PLACE OF
BIRTH (State or Country) Pennsylvania
2 Cleversburg Road, Shippensburg, Cumberland County, Pennsylvania
NUMBER 6. RACE
OF THIS WHITE BLACK OTHER(SPECIFY)
MARRIAGE 1St [] [] []
7. USUAL OCCUPATION
Retired
WIFE
8. MAIDEN NAME (First) (Middle) (Last)
Barbara A. Shellenberger
10. RESIDENCE (Street; City, Boro Or Twnshp; County; State)
#145 Shippensburg Mobile Estates, Shippensburg, Cumberland Co, PA
12. NUMBER
OF THIS
MARRIAGE
15. PLACE OF
THIS
MARRIAGE
17A. NUMBEROF
CHILDREN THIS
MARRIAGE
0
13. RACE
WHITE BLACK OTHER(Specify)
1st [] [] []
(County) (State or Foreign Country)
York County, Pennsylvania
17B NUMBEROF 18. PLAINTIFF
DEPENDENT
CHILDREN UNDER 18 HUSBAND WIFE OTHER(SPECIFY)
o
20. NUMBER OF HUSBAND WIFE SPLIT CUSTODY OTHER(SPECIFY)
CHILDREN TO [] [] [] []
CUSTODY OF
9. DATE OF
BIRTH October 3, 1953
11. PLACE OF
BIRTH (State
or Countr/) Pennsylvania
14. USUAL OCCUPATION
Sales clerk
16, DATE OF
THIS
MARR~GE May 18, 1974
19. DECREE GRANTED TO
HUSBAND WIFE OTHER(SPECIFY)
21. LEGAL GROUNDS FOR DIVORCE
OR ANNULMENT
Irretrievable breakdown
22. DATE OF DECREE (Month) (Day) (Year) 22. DATE REPORT SENT TO VITAL
RECORDS
23, SIGNATURE OF TRANSCRIBING CLERK
1081917_1 .DOC
1081917-1
Richard E. Baker,
VS.
Barbara A. Baker,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
)
Plaintiff, )
)
)
)
)
Defendant, )
Civil Action - Law
No. 02-2672-Civil Term
In Divorce a v.m.
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) or 3301(d) of the Divorce Code was filed
on May 31, 2002.
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 tree and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom
falsification to authorities.
Richard E. Baker, Plaintiff
t
Richard E. Baker,
VS.
Barbara A. Baker,
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
)
Plaimiff, )
)
)
)
)
Defendant, )
Civil Action - Law
No. 02-2672-Civil Term
In Divorce a v.m.
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 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 sero to me immediately after il: is filed with the Prothonotary.
I verify that the statements made in this Waiver are tree and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom
falsification to authorities.
Date:
Richard E. Baker, Plaintiff
Richard E. Baker,
VS.
Barbara A. Baker,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
)
Plaintiff, )
)
)
)
)
Defendant, )
Civil Action - Law
No. 02-2672-Civil Term
In Divorce a v.m.
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) or 3301(d) of the Divorce Code was filed
on May 31, 2002.
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. Section 4904 relating to unswom
falsification to authorities.
Date:
Barbara A. Baker, Defendant
Richard E. Baker,
VS.
Barbara A. Baker,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
)
Plaintiff, )
)
)
)
)
Defendant, )
Civil Action - Law
No. 02-2672
In Divorce a v.m.
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 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 Waiver 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 unswom
falsification to authorities.
Date:
Barbara A. Baker, Defendant
IN THE COURT OF COMMON PLEAS OF
OF CUMBERLAND COUNTY, PENNSYLVANIA
Richard E. Baker,
VS.
Barbara A. Baker,
)
Plaintiff, )
)
)
)
)
Defendant, )
Civil Action - Law
No. 02-2672-Civil Term
In Divorce a v.m.
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
decree:
Transmit the record, together with the following information, to the Court for entry of a divorce
o
delivery
Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code.
Date and manner of service of the Complaint: June 12, 2002 - Certified mail, restricted
Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code:
by Plaintiff, March 6, 2003; by Defendant, March 27, 2003.
4. Related claims pending: Resolved through private Agreement;
5. (a) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: March 11, 2003;
(b) Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: April 3, 2003.
BARLEY, SNYDER, SENFT & COHEN, LLC
Martha B. Walker, Esquire
Attorney for Plaintiff
1162050-1
IN THE cOUrT OF COMMON PLEAS
Of CUMBERLAND COUNTY
......... R. ~_e_.h_a..r. d_...E..:. _ Bake r
.................................................... N 0 ..0..2. .................... .2..6..7...2. ...... I8~
................................... .P. _1_ .~. ~ .n..t_ ~.f..f. ............... CIVIL TERN
DECREE ~N
AND NOW ........ ~..(..~. ......... xI~.2.0.03., it is ordered and
decreed that . ~z.¢~. ~,...mm~R ................................ plaintiff,
and BARBARA A. Sa~.R .. 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;
Prothonotary