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HomeMy WebLinkAbout02-5092 WAYNEF, SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 KATHY M. BARRICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO, 02- So<1J... CIVIL TERM MICHAEL R. BARRICK, 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 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 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 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 A venue Carlisle, Pennsylvania 17013 Telephone: 717-249-3166 W~~d~~ Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 KATHY M, BARRICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. ~ : NO. 02- !:J 0 q J.- CIVIL TERM MICHAEL R. BARRICK, Defendant : IN DIVORCE COMPLAINT 1. Plaintiff in this Action in Divorce is KATHY M, BARRICK, an adult individual who resides at 530 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is MICHAEL R, BARRICK, an adult individual and citizen of the United States of America who resides at Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant has been a bona fide resident of Cumberland County, Pennsylvania, for more than six months previously to the filing of this Complaint and continuing to the commencement of this Action in Divorce. 4. Plaintiff and Defendant were lawfully joined in marriage on May 16, 1987, in Perry County, Pennsylvania. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 5. The parties have been living separate and apart since on or about October 16, 2002, 6. Plaintiff avers as the grounds on which this action is based that the marriage of the parties is irretrievably broken. In the alternative, Plaintiff avers as the grounds on which this action is based that Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render the condition of Plaintiff intolerable and the life of Plaintiff burdensome. 7. There have been no prior actions for divorce or annulment of this marriage in Pennsylvania or in any other jurisdiction. 8. This Action in Divorce is not collusive. 9. Both parties to this Action in Divorce are legally capable of managing their own concerns. 10. Defendant herein is not a member of the armed forces of the United States of America. -2- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 11. There were two children born to the parties, namely, Amber Mae Barrick, born March 12, 1988, and Shawn Michael Barrick, born April 4, 1990. 12, 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. WHEREFORE, Plaintiff demands judgment dissolving the marriage between the parties. t{h 'M/ ~~_ Wayn~. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 170 I3 Telephone: 717-243-0220 Attorney for Plaintiff -3- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania ]7013 I verify that the statements made in this pleading 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: ID- il-o,J-. -1\~ ff) ~CVlf'dL- Kathy M. Barrick ~ 0 ~ ':) :'~) --i ,~,) .""'] ~ (\ J .. ); , - - '-0., .. '"" ...... '0 0 ~ 'v .,J -l\ ~ ~ ..J " <4 \ ~ {" e>\ KATHY M. BARRICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 02-5092 CIVIL TERM MICHAEL R. BARRICK, Defendant : IN DIVORCE PRAECIPE TO: Curtis R. Long, Prothonotary Please enter our appearance on behalf of Defendant MICHAEL R. BARRICK in the above-captioned matter and acknowledgment of our acceptance of service of a certified copy of the Complaint in Divorce. Date: \D\~\\02- GRIFFIE & ASSOCIATES ~ (') c._' -() l-; [Ti:" 2~ -- /_- (/) .. ~:: .~ c..,) :,.) WAYNE F. SHADE Attorney at Law 53 West Porn fret Street Carlisle, Pennsylvania 17013 KATHY M. BARRICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V +NIA : CIVIL ACTION - LAW v. : NO. 02-5092 CIVIL TERM MICHAEL R. BARRICK, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DlVORCE DECREE UNDER ~3301(c) OF THE DlVORCE CODE COMMONWEALTH OF PENNSYL VANIA) ) SS: COUNTY OF CUMBERLAND ) I. A Complaint in Divorce under ~3301(c) of the Divorce Code with Notice of Availability of Counseling was filed on October 2I, 2002, and served on October 31, 2002, by acceptance of service. 2. The marriage of PI~intiff and Defendant is irretrievably broken and ninety (9 ) 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 without notice. 4, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. WAYNEF, SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 5. , I understand that I will not be divorced until a Divorce Decree is entered by t,e Court and that a copy of the Decree will be sent to me immediately after it is filed wIth the Prothonotary. 6. I have been advised of the availability of marriage counseling and of my righ to counseling and understand that I may request that the Court require that my spouse d I participate in counseling, 7. I understand that th.e Court maintains a list of marriage counselors in the Do estic Relations Office, which list is available to me upon request. 8, Being so advised, I do not request that the Court require that my spouse and participate in counseling prior to a Divorce Decre,e's being handed down by the Co rt, 9. I veriJy 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: October 16, 2003 (') ?;; -01'1 tIll: ~..r_ -;.,;... Gi'l -;.: . ~:t: CJ c:...' :::> .:.-., '-\ /~ .,;.-" _;.. t-.J G" ~ "' o -n r':;:C \.' c::; 1 (,;. :.'.' ~T1 KATHY M. BARRICK, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 02 - 5092 CIVIL MICHAEL R. BARRICK, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 7~ day of ~ 2003, the economic claims raised in the proceedings having been resolved in accordance with a property settlement and separation agreement dated October 16, 2003, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: Wayne F. Shade Attorney for Plaintiff Wendy J.F. Grella Attorney for Defendant ~,,~ //-01.03 y-, 'v'INVi\lASNN3d .-liNno'! 'Jf"\''''P8V',n:) IJ Z : II ~J1J l - I,UN SO AI:J\i,lC\:,; J,., ::f0 :J~;1::L-!<}"(i:ni~ '. WAYNE F. SHADE Attorney at Law 53 West Pomfrel Street Carlisle, Pennsylvania 17013 PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT, made this /6 a day of ~ , 2003, at Carlisle, Cumberland County, Pennsylvania, by and between MICHAEL R. BARRICK of 3455 Spring Road, Carlisle, Pennsylvania 17013 (hereinafter referenced as "Husband") AND KATHY M. BARRICK of530 Cranes Gap Road, Carlisle, Pennsylvania 17013 (hereinafter referenced as "Wife"). ARTICLE I SEP ARA TION 1.01 Separation of Parties. Differences have arisen between the parties as a result of which they have been living separately and apart since October 15, 2002. 1.02 Intention to Live Apart. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them. ARTICLE II ENFORCEABILITY AND CONSIDERA nON 2.0 I aquitable Distribution of Marital Property. The parties have attempted to divide their rqarital property in accordance with the statutory rights of the parties and in a manner whic~ conforms to the criteria set forth in Sol01 of the Pennsylvania Divorce Code, and taking into account the following considerations: Any prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each ofthe parties; the contributions of each party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of each party, including, but not limited to, medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of marital property, including the contribution of each party as homemaker; the value of the property set apart to each party; the standard ofliving of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The di~ision of existing marital property is not intended by the parties to constitute in anyway a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property, The division of property under this Agreement shall be in full satisfaction of all rights of equitable disttibution of the parties. 2.02 Incorporation and Merger. This Agn~ement shall be incorporated but not merged in the: decree of divorce contemplated herein. This Agreement shall survive any action for divprce and decree of divorce and, unless otherwise set forth herein and, except WAYNE F. SHADE Attorn,yat Law as to issues ot. child support and child custody, shall forever be binding and conclusive on 53 West Pomfret Street , Carlisle. Pennsylvania 17013 -2- the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. Any provisions herein concerning property rights, alimony and counsel fees shall not be modifiable. The considerations for this Agreement are the mutual bene1!its to be obtained by both of the parties hereto and the covenants and agreements df each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. 2,03 Agreement Predicated on Divorce. It is specifically understood and agreed, by ami between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is predicated upon an agreement for institution and prosecution of an action for divorce. Nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or o1jherwise, upon just, legal and proper grounds; nor to prevent either party from defendilllg any such action which has been, mayor shall be instituted by the other party, nor from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific WAYNE F, SHADE 53 ~:~:;:;re~;'''t purpose of in4ucing Husband and Wife to execute the Agreement. Husband and Wife Carlisle, Pennsylvania 17013 -3- " WAYNE F. SHADE Anomey at UtW 53 West Pomfret Street Carlisle, Pennsylvania 17013 each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.04 Representation by Independent Counsel. Each of the parties are represented by independent counsel in the preparation and execution of this Agreement. Wife is represented by Wayne F. Shade, Esquire, and Husband is represented by Wendy I.F. Grella, Esquire, of Griffie & Associates. ARTICLE III EQUITABLE DIVISION OF M<\RITAL PROPERTY 3.01 Equitable Division of Real Property. Husband waives all claims against the real estattt known and numbered as 530 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania. 3.02 Equitable Division of Personal Property. (a) The furniture, household goods and other similar untitled personal property have been divided to the mutual satisfaction of the parties hereto, and each of the parties retains absolute ownership of such items in his or h(:r possession or control at the date of this Agreement. The property shall be deemed to be in the possession or under the control of eitller party if, in the case of tangible personal property, the item is physically , -4- WAYNEF.SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the: party, unless provided otherwise in this Agreem~nt. (b) Ownership of the 1999 Isuzu Rodeo is being resolved directly by the parties outside the terms of this Agreement. (c) The parties will execute and deliver any documents necessary to formally release their tights in or claims to the employee benefits, including without limitation, employee pension, stock, profit sharing and savings plans, if any, of the other. Such release will e!Xpressly extend to all rights to pre-retirement death benefits and survivor benefits and includes the unequivocal consent to the designation by the other of any alternate or fUrther beneficiaries at anytime. The parties acknowledge that the effect of this release is that he or she will not be entitled to any benefits whatsoever from the aforesaid employee benefits of the other. (d) Tlie parties will execute and deliver any documents necessary to formally release their ~ights and all claims to the life insurance of the other. -5- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ARTICLE IV DEBTS OF PARTIES 4.01 Loans. Responsibility for the outstanding loan obligations of the parties is assigned, as follows: (a) The loan with respect to the 1999 Isuzu Rodeo is being resolved directly by the parties outside the terms of this Agreement. (b) Wife assumes all financial obligations of the parties, ifany, with respect to the real estate at 530 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania, and to the Agreement ofSalc entered into between James H. Weinreich and Thelma M. Weinreich a1nd Michael Barrick and Kathy Mae Barrick, dated November 1,1996, and including all real estate taxes due and owing on thl~ property known and numbered as 530 Cranes Gap !Road, Carlisle, Cumberland County, Pennsylvania. (c) Husband assumes all other outstanding marital debt. 4.02 Post-Separation Obligations. Each party represents to the other that there are no outstl\Ilding joint obligations of the parties and that since the separation neither party has cOlItracted for any debts for which the other will be responsible. 4,03 !Indemnification. Each party indemnifies and holds harmless the other for all obligatio.J.s separately incurred or assumed under the provisions of this Agreement. 4.04 Bankruptcy. The respective duties, covenants and obligations of each party under this A~reement shall not be dischargeable by bankruptcy, but if any bankruptcy -6- WAYNE F. SHADE Attorney at Law 53 West Pomfrel Street CarJisle,Pennsylvania 17013 court should discharge a party of accrued obligations to the other, this Agreement shall continue in full force and effect thereafter as to any duties, covenants and obligations accruing or to be performed thereafter. In the event that either party becomes a debtor in bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of.his Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor spouse, and the debtor spouse hereby assigns, transfers and conveys to the creditor spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to th,e contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. The failure orany par!) to meet his or her obligations under anyone or more of the paragraphs he~in, with the exception of the satisfactiion of conditions precedent, shall not in any way void or alter the remaining obligations of either of the parties. -7- .- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ARTICLE V CHILDREN 5.01 Custody. Legal and physical custody of the children of the parties, namely Amber Mae Barrick, born March 12, 1988, and Shaun Michael Barrick, born April 4, 1990, shall be ~hared by the parties. The parties acknowledge that both parties hereto are fit parents whO have meaningful relationships with the children, The parties further acknowledge that Cumberland County, Pennsylvania, provides the children with a favorable environment where there are significant rel!ationships with friends and relatives. 5,02 S~pport. So long as the parties share physical custody of at least one of the children, the parties waive claims for child support for both ofthe children. So long as the parties share physical custody of both children, Wife shall be entitled to claim Amber Mae Barrick, a1nd Husband shall be entitled to claim Shaun Michael Barrick for federal income tax exemption purposes. 5.03 H~alth Insurance. Each ofthe parties shall maintain, for the benefit of the children, such 1Iealth insurance coverages as are available through their employers whether or not the coverages are available without expense to the parties. 5.04 Uninsured Medical Expenses. The parities agree that they will be responsible for ' all reasonably necessary health care expenses, including orthodontic expenses, incur1red for the care of the children which are not covered by insurance in direct proportidn to what would be their relative net incomes for child support purposes. -8- ARTICLE VI ALIMONY 6.01 Waiver. Each of the parties waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance. ARTICLE VII COUNSEL FEES 7,0 I CQunsel fees. Wife waives any right or claim of any nature whatsoever relative to counsel fees and expenses. Wife agrees to pay Husband's counsel fees up to the amount of One Thousand ($1,000.00) Dollars. 7.02 Counsel Fees After Divorce. The partks agree with respect to counsel fees incurred after tihe divorce, as follows: (a) In the event that future legal proceedings of any nature may be necessary for the interpretatibn or enforcement of this Agreement or any valid modifications hereof, the substantially ptevailing party shall be entitled to reasonable counsel fees incurred. (b) Re~sonable counsel fees hereunder shall be defined as reasonable hours expended at the then hourly rate of counsel for the substantially prevailing party. (c) Such counsel fees shall extend to any independent proceedings necessary to collect counseli fees or to enforce any other judgment or decree in connection with this WAYNEF,SHADE Agreement. Attorney at Law 53 West Pomrret Street Carlisle, Pennsylvania 17013 -9- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle. Pennsylvania ]7013 (d) Such counsel fees shall be payable as alimony so as to constitute an exception to discharge in bankruptcy but shall not be deductible by the payor or taxable to the payee for income tax purposes. ARTICLE VIlI GENERAL PROVISIONS 8,01 Irtcome Tax Consequences. The partks have heretofore filed joint federal and state incOllne tax returns. Both parties agree that in the event any deficiency in federal, state dr local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnifY and hold harmless the other from and against any loss or lia~iIity for any such tax deficiency or assessment and any interest, penalty and expense irlcurred in connection therewith. Such tax, interest, penalty or expense shall be paid splely and entirely by the individual who is finally determined to be responsible fo~ the deficiency or assessment. Except as otherwise set forth herein, any income tax inc~dents of any kind imposed by virtue of any transfers of assets or other payments required under this Agreement will be the responsibility of the transferee; 8,02 General Release of All Claims. Each party hereto releases the other from all claims, liabIlities, debts, obligations, actions and causes of action of every kind that have been inculrred relating to or arising from the malTiage between the parties. However, neitlj.er party is relieved or discharged from any obligation under this Agreement or ~ny other instrument or document executed pursuant to this Agreement. -10- t' WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 8,03 Subsequent Divorce. Nothing herein contained will be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar the other from defending any such suit. In the event any such action is instituted or concluded, the parties will be bound by all of the terms ofthis Agret:ment. 8.04 Waiver of Estate Claim. Except as otherwise herein provided, in the event of the death ot1either party hereto, each party hereby waives, releases and relinquishes any and all rights that he or she may have or may hereafter acquire as the other parties' spouse under tl1e present or future laws of any jurisdiction, as follows: (a) to elect to take against the will or codicils of the other party now or hereafter enforced. (b) to share in the other parties' estate in cases of intestacy. (c) to act as executor or administrator of the other parties' estate. (d) the tight to alimony, spousal support, alimony pendente lite, attorney's fees and equitable distribution. 8.05 No Debts and Indemnification. Each party represents and warrants to the other that he OI! she will not incur any debt, obligation or other liability, other than those already described in this Agreement, on which the other party is or may be liable. Each party covenant~ and agrees that if any claim, action or proceeding is hereafter initiated seeking to hol~ the other party liable for any other debt, obligation, liability, act or -11- .' " omission of such party or for any obligation assumed by a party hereunder, the party liable will, at his or her sole expense, defend the other against any claim or demand, whether or not well-founded, and that he or she will indemnifY and hold harmless the other party in respect to all damages resulting therefrom. The obligation created hereunder will be payable as alimony so as to constiltute an exception to discharge in bankruptcy, 8,06 FUll Disclosure. Each party asserts that he or she has made a full and complete disclosure of all of the real and personal property of whatsoever nature and wheresoever lbcated belonging in anyway to each of them, of all sources and amounts of income received or receivable by each party, and of I~very other fact relating in anyway to the subject mattter of this Agreement. These disclosures are part of the considerations made by each party for entering into this Agreement. The parties confirm that they have relied on the cbmpleteness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agrel:ment. The parties acknowledge that there has been!no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvarlia Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest lowned by the other party in an asset of any nature at any time prior to the WAYNEF,SHADE 53 ~::'~m~:'~';',,,,, date of executibn of this Agreement that was not disclosed to the other party or his or her Carlisle, Pennsylvania 17013 -12- o' " WAYNEF,SHADE Attorney al Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 counsel prior to the date of the within Agreement are expressly preserved. In the event that either party, at any time hereafter, should discover such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incunred by the other party in seeking equitable dismbution of said asset. Notwithstanding the foregoing, this Agreement shall in all other re$ects remain in full force and effect. 8.07 ~ght to Live Separately and Free from Interference. Each party will live separately and apart from the other at any place or places that he or she may select. Neither party will molest, harass, annoy, injure, threaten or interfere with the other party in any manner; whatsoever. Each party may carry on and engage in any employment, profession, butiness or other activity as he or she may deem advisable for his or her sole use and benefit, Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned or hereafter acquired by the other. 8.08 Agreement Voluntary and Clearly Understood. Each party to this Agreement acknowledges and declares that he or she, respectively: (a) Is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to the rights and liabilities of both parties, (b) Ent~rs into this Agreement voluntarily aft'~r receiving the advice of independent cdunsel or. having had the opportunity to do so, having decided not to do so. -13- WAYNE F. SHADE Attorney at Law 53 West Pomrret Street Carlisle, Pennsylvania 17013 (c) Has given careful and mature thought to the making of this Agreement. (d) Has carefully read each provision of this Agreement. (e) Fully and completely understands each provision ofthis Agreement, both as to the subject matter and legal effect. 8.09 Cbmpliance. The parties will execute and deliver any documents necessary to fonnally conclude any of their obligations under the tenns of this Agreement to each other. Any fai'ure of a party to execute and return to the other, within thirty (30) days of receipt, a docljunent that is necessary to fonnally conclude any obligation under the tenns of this Agreement shall be regarded as a material breach of this Agreement. 8,10 D~fault. I f either party fails in the due perfonnance of any of his or her material oblig*ions hereunder, the party not in default will have the right to act against the other, at his or her election, to sue for damages for breach hereof, or to rescind this Agreement or $eek such other legal remedies as may be available to either party. Nothing herein shall be iconstrued to restrict or impair either party in the exercise of this election. The failure of ~ither party to insist upon strict performance of any of the provisions of this Agreemen. shall not be construed as a waiver of any provision of this Agreement or of the right to require strict perfonnance of any other obligations under this Agreement. 8.11 Aq.endment or Modification. This Agreement may be amended or modified only lily a written instrument signed by both parties. -14- .. WAYNE F, SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 8.12 Successors and Assigns. In the event of the death of either party prior to the issuance of a Decree in Divorce, this Agreement shall survive the death; and all property, whether jointly or separately owned, shall be divided under the terms of this Agreement between the estate of the decedent and the surviving spouse as though the Decree had issued prior to the death. Except as otherwise expressly provided herein, this Agreement will be binding on and inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns and successors in interest of the parties. 8.13 Law Governing Agreement. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania in effect at the date of execution hereof irrespective where in th(: world either or both of the parties hereto may re~ide, be domiciled or own property in the future. 8.14 Cpndition Subsequent. This Agreement is expressly contingent upon the parties' mutual consent, concurrently with execution of this Agreement, to Divorce, which consent may nOt be revoked prior to issuance of a full and final Decree in Divorce. In the event of failure or revocation of consent as required herein, this Agreement shall become null and void, 8.15 Reconciliation. Irrespective of the reference in the title of this Agreement to marital separation, this Agreement is intended to be a postnuptial agreement. In the event of reconciliatidn, attempted reconciliation or other cohabitation of the parties hereto of short or long djIration after the date of this Agreement, this Agreement shall remain in full , -15- ) WAYNE F. SHADE Attorney at Law 53 West Pomfrel Street Carlisle, Pennsylvania 17013 force and effect in the absence of a written Agreement signed by both parties hereto expressly settimg forth that this Agreement has been revoked or modified. Any attempted reconciliation which does not result in a written agreement signed by both parties hereto expressly setting forth that this Agreement has been revoked or modified shall not establish any a~ditional marital rights or obligations as a result of the attempted reconciliation. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, intending to be legally bound hereby, the day and year first above written, Signed, Sealed and Delivered in the Presence of: (SEAL) ~~Of-7Vl~ ~/ /./1 ~:iCk ~91~ 1.(rAcJL .rJ, Berrr';, ~ick (SEAL) -16- . COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) On this, the ~ day of O{.fo ~e r , 2003, before me, the undersigned officer, personally appeared MICHAEL R. BARRICK, known to me (or satisfactorily ~roven) to be the person whose name is subscribed to the foregoing Agreement and acknowledged that he executed the same for the purposes therein contained. IN WI'!1NESS WHEREOF, I hereunto t my hand and official seal. 7 '~, jc:~WP1A otary Pltbhc COMMONwEALTH OF PENNSYL VANIA ) ) SS: COUNTY OF CUMBERLAND ) On this, ~e ~a.. day of O~ , 2003, before me, the undersigned officer, personally appeared KATHY M. BARRICK, known to me (or satisfactorily PIPven) to be the person whose name is subscribed to the foregoing Agreement andiacknowledged that she executed the Sluue for the purposes therein contained. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle. Pennsylvania 17013 IN WIT~ESS WHEREOF, I hereunto set my hand and official seal. ~~1~ Notary Pu ic Notarial Seal Connie J. Trilt, Notary PUbiic Carlisle, Cumberiand County My Commission Expires Del. 5, 2004 -17- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT, made this /fo-a day of ()~ ,2003, at Carlisle, Cumberland County, Pennsylvania, by and between MICHAEL R, BARRICK of 3455 Spring Road, Carlisle, Pennsylvania 17013 (hereinafter referenced as "Husband") AND KATHY M. BARRICK of530 Cranes Gap Road, Carlisle, Pennsylvania 17013 (hereinafter referenced as "Wife"). ARTICLE I SEP ARA TION 1.01 Separation of Parties. Differences have arisen between the parties as a result of which they have been living separately and apart since October 15,2002. 1.02 Intention to Live Apart. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them, ARTICLE II ENFORCEABILITY AND CONSIDERATION 2.0 I Equitable Distribution of Marital Property. The parties have attempted to divide their marital property in accordance with the statutory rights of the parties and in a manner which conforms to the criteria set forth in g401 of the Pennsylvania Divorce Code, and taking into account the following considerations: Any prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contributions of each party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of each party, including, but not limited to, medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of marital property, including the contribution of each party as homemaker; the value of the property set apart to each party; the standard ofliving of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in anyway a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties, 2.02 Incorporation and Merger. This Agreement shall be incorporated but not merged in the decree of divorce contemplated herein. This Agreement shall survive any action for divorce and decree of divorce and, unless otherwise set forth herein and, except WAYNEF.SHADE 53 ~::'~:"m%'';';'''' as to issues of child support and child custody, shall forever be binding and conclusive on Carlisle, Pennsylvania ]7013 -2- WAYNE F, SHADE Attorney at law 53 West Pomfrel Street Carlisle, Pennsylvania 17013 the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. Any provisions herein concerning property rights, alimony and counsel fees shall not be modifiable. The considerations for this Agreement are the mutual benefits to be ohtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby, 2.03 Agreement Predicated on Divorce. It is specifically understood and agreed, by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is predicated upon an agreement for institution and prosecution of an action for divorce, Nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, mayor shall be instituted by the other party, nor from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife -3- WAYNE F, SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever of public policy, unenforceable in whole or in part, Husband and Wife do each hereby warrant, covenant and agree that, in any event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.04 Representation by Independent Counsel. Each of the parties are represented by independent counsel in the preparation and execution of this Agreement. Wife is represented by Wayne F. Shade, Esquire, and Husband is represented by Wendy J.F. Grella, Esquire, of Griffie & Associates, ARTICLE III EQUITABLE DIVISION OF MARITAL PROPERTY 3.01 Equitable Division of Real Property. Husband waives all claims against the real estate known and numbered as 530 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania. 3.02 Equitable Division of Personal Property. (a) The furniture, household goods and other similar untitled personal property have been divided to the mutual satisfaction of the parties hereto, and each of the parties retains absolute ownership of such items in his or her possession or control at the date of this Agreement. The property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically -4- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party, unless provided otherwise in this Agreement. (b) Ownership of the 1999 Isuzu Rodeo is being resolved directly by the parties outside the terms of this Agreement. (c) The parties will execute and deliver any documents necessary to formally release their rights in or claims to the employee benefits, including without limitation, employee pension, stock, profit sharing and savings plans, ifany, of the other. Such release will expressly extend to all rights to pre-retirement death benefits and survivor benefits and includes the unequivocal consent to the designation by the other of any alternate or further beneficiaries at anytime. The parties acknowledge that the effect of this release is that he or she will not be entitled to any benefits whatsoever from the aforesaid employee benefits of the other. (d) The parties will execute and deliver any documents necessary to formally release their rights and all claims to the life insurance of the other. -5- ARTICLE IV DEBTS OF PARTIES 4,01 Loans. Responsibility for the outstanding loan obligations of the parties is assigned, as follows: (a) The loan with respect to the 1999 Isuzu Rodeo is being resolved directly by the parties outside the terms of this Agreement. (b) Wife assumes all financial obligations of the parties, if any, with respect to the real estate at 530 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania, and to the Agreement of Sale entered into between James H. Weinreich and Thelma M. Weinreich and Michael Barrick and Kathy Mae Barrick, dated November 1,1996, and including all real estate taxes due and owing on the property known and numbered as 530 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania, (c) Husband assumes all other outstanding marital debt. 4.02 Post-Separation Obligations. Each party represents to the other that there are no outstanding joint obligations of the parties and that since the separation neither party has contracted for any debts for which the other will be responsible. 4.03 Indemnification. Each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under the provisions of this Agreement. 4,04 Bankruptcy. The respective duties, covenants and obligations of each party WAYNE F. SHADE Attorney" L,w under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy 53 West Pomfret Street Carlisle, Pennsylvania 17013 -6- court should discharge a party of accrued obligations to the other, this Agreement shall continue in full force and effect thereafter as to any duties, covenants and obligations accruing or to be performed thereafter. In the event that either party becomes a debtor in bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor spouse, and the debtor spouse hereby assigns, transfers and conveys to the creditor spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. The failure of any part) to meet his or her obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of conditions precedent, shall not in any way void or alter the remaining obligations of either of the parties, WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania ]7013 -7- ARTICLE V CHILDREN 5.01 Custody. Legal and physical custody of the children of the parties, namely Amber Mae Barrick, born March 12, 1988, and Shaun Michael Barrick, born April 4, 1990, shall be shared by the parties. The parties acknowledge that both parties hereto are fit parents who have meaningful relationships with the children. The parties further acknowledge that Cumberland County, Pennsylvania, provides the children with a favorable environment where there are significant relationships with friends and relatives. 5,02 Support. So long as the parties share physical custody of at least one of the children, the parties waive claims for child support for both of the children. So long as the parties share physical custody of both children, Wife shall be entitled to claim Amber Mae Barrick, and Husband shall be entitled to claim Shaun Michael Barrick for federal income tax exemption purposes, 5,03 Health Insurance. Each of the parties shall maintain, for the benefit of the children, such health insurance coverages as are available through their employers whether or not the coverages are available without expense to the parties. 5.04 Uninsured Medical Expenses. The parties agree that they will be responsible for all reasonably necessary health care expenses, including orthodontic expenses, incurred for the care of the children which are not covered by insurance in WAYNE F. SHADE Attorney ot Law direct proportion to what would be their relative net incomes for child support purposes. 53 West Pomfret Street Carlisle, Pennsylvania 17013 -8- ARTICLE VI ALIMONY 6.01 Waiver. Each of the parties waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance. ARTICLE VII COUNSEL FEES 7,0 I Counsel fees. Wife waives any right or claim of any nature whatsoever relative to counsel fees and expenses. Wife agrees to pay Husband's counsel fees up to the amount of One Thousand ($1,000.00) Dollars. 7.02 Counsel Fees After Divorce. The parties agree with respect to counsel fees incurred after the divorce, as follows: ( a) In the event that future legal proceedings of any nature may be necessary for the interpretation or enforcement of this Agreement or any valid modifications hereof, the substantially prevailing party shall be entitled to reasonable counsel fees incurred. (b) Reasonable counsel fees hereunder shall be defined as reasonable hours expended at the then hourly rate of counsel for the substantially prevailing party. (c) Such counsel fees shall extend to any independent proceedings necessary to collect counsel fees or to enforce any other judgment or decree in connection with this WAYNEF, SHADE Agreement. Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -9- (d) Such counsel fees shall be payable as alimony so as to constitute an exception to discharge in bankruptcy but shall not be deductible by the payor or taxable to the payee for income tax purposes. ARTICLE VIII GENERAL PROVISIONS 8,01 Income Tax Consequences. The parties have heretofore filed joint federal and state income tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnifY and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith, Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be responsible for the deficiency or assessment. Except as otherwise set forth herein, any income tax incidents of any kind imposed by virtue of any transfers of assets or other payments required under this Agreement will be the responsibility of the transferee; 8.02 General Release of All Claims. Each party hereto releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been incurred relating to or arising from the marriage between the parties, However, neither party is relieved or discharged from any obligation under this WAYNEF,SHADE Attorney at Law 53 West Pomtret Street Carlisle, Pennsylvania 17013 Agreement or any other instrument or document executed pursuant to this Agreement. -10- 8.03 Subsequent Divorce. Nothing herein contained will be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar the other from defending any such suit. In the event any such action is instituted or concluded, the parties will be bound by all of the terms of this Agreement. 8.04 Waiver of Estate Claim. Except as otherwise herein provided, in the event of the death of either party hereto, each party hereby waives, releases and relinquishes any and all rights that he or she may have or may hereafter acquire as the other parties' spouse under the present or future laws of any jurisdiction, as follows: (a) to elect to take against the will or codicils of the other party now or hereafter enforced. (b) to share in the other parties' estate in cases of intestacy. (c) to act as executor or administrator of the other parties' estate. (d) the right to alimony, spousal support, alimony pendente lite, attorney's fees and equitable distribution. 8.05 No Debts and Indemnification. Each party represents and warrants to the other that he or she will not incur any debt, obligation or other liability, other than those already described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereafter initiated WAYNE F, SHADE 53 ~~:'~~m~;:';;'''t seeking to hold the other party liable for any other debt, obligation, liability, act or Carlisle, Pennsylvania 17013 -11- omission of such party or for any obligation assumed by a party hereunder, the party liable will, at his or her sole expense, defend the other against any claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect to all damages resulting therefrom. The obligation created hereunder will be payable as alimony so as to constitute an exception to discharge in bankruptcy. 8,06 Full Disclosure. Each party asserts that he or she has made a full and complete disclosure of all of the real and personal property of whatsoever nature and wheresoever located belonging in anyway to each of them, of all sources and amounts of income received or receivable by each party, and of every other fact relating in anyway to the subject matter of this Agreement. These disclosures are part of the considerations made by each party for entering into this Agreement. The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania ]7013 of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her -12- counsel prior to the datc of the within Agreement are expressly preserved. In the event that either party, at any time hereafter, should discover such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, this Agreement shall in all other respects remain in full force and effect. 8.07 Right to Live Separately and Free from Interference. Each party will live separately and apart from the other at any place or places that he or she may select. Neither party will molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party will interfere with the use, ownership, enjoyment or disposition of any propcrty now owned or hereafter acquired by the other. 8,08 Agreement Voluntary and Clearly Understood. Each party to this Agreement acknowledges and declares that he or she, respectively: (a) Is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to the rights and liabilities of both parties. WAYNEF,SHADE Attorney at Law 53 West Pomfret Street Carlisle. Pennsylvania 17013 (b) Enters into this Agreement voluntarily after receiving the advice of independent counselor. having had the opportunity to do so, having decided not to do so. -13- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ( C) Has given careful and mature thought to the making of this Agreement. (d) Has carefully read each provision of this Agreement. (e) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. 8.09 Compliance. The parties will execute and deliver any documents necessary to formally conclude any of their obligations under the terms of this Agreement to each other. Any failure of a party to execute and return to the other, within thirty (30) days of receipt, a document that is necessary to formally conclude any obligation under the terms of this Agreement shall be regarded as a material breach of this Agreement. 8.10 Default. I f either party fails in the due performance of any of his or her material obligations hereunder, the party not in default will have the right to act against the other, at his or her election, to sue for damages for breach hereof, or to rescind this Agreement or seek such other legal remedies as may be available to either party. Nothing herein shall be construed to restrict or impair either party in the exercise of this election, The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any provision of this Agreement or of the right to require strict performance of any other obligations under this Agreement. 8,11 Amendment or Modification. This Agreement may be amended or modified only by a written instrument signed by both parties. -14- 8.12 Successors and Assigns. In the event of the death of either party prior to the issuance of a Decree in Divorce, this Agreement shall survive the death; and all property, whether jointly or separately owned, shall be divided under the terms of this Agreement between the estate of the decedent and the surviving spouse as though the Decree had issued prior to the death. Except as otherwise expressly provided herein, this Agreement will be binding on and inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns and successors in interest of the parties. 8.13 Law Governing Agreement. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania in effect at the date of execution hereof irrespective where in the world either or both of the parties hereto may reside, be domiciled or own property in the future. 8.14 Condition Subsequent. This Agreement is expressly contingent upon the parties' mutual consent, concurrently with execution of this Agreement, to Divorce, which consent may not be revoked prior to issuance of a full and final Decree in Divorce. In the event of failure or revocation of consent as required herein, this Agreement shall become null and void. 8.15 Reconciliation. Irrespective of the reference in the title of this Agreement to marital separation, this Agreement is intended to be a postnuptial agreement. In the event WAYNEF.SHADE Attorney at Law h 53 W,"PomfretS",,, S ort or long duration after the date of this Agreement, this Agreement shall remain in full Carlisle, Pennsylvania 17013 of reconciliation, attempted reconciliation or other cohabitation of the parties hereto of -15- WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 force and effect in the absence of a written Agreement signed by both parties hereto expressly setting forth that this Agreement has been revoked or modified. Any attempted reconciliation which does not result in a written agreement signed by both parties hereto expressly setting forth that this Agreement has been revoked or modified shall not establish any additional marital rights or obligations as a result of the attempted reconciliation. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, intending to be legally bound hereby, the day and year first above written, Signed, Sealed and Delivered in the Presence of: (SEAL) ~7v1~ (L 1~,d;r 1;q ~ JfJ. fA <<'1 tt~ athy rM. Barrick ~ (SEAL) -16- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF CUMBERLAND ) On this, the _2D:I:b day of 0 c-f-r, be ( , 2003, before me, the undersigned officer, personally appeared MICHAEL R. BARRICK, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto et my hand and official seal. /lOT ARIAI. SEAl. CAR~~lEHIWI. /IOTARrPOBUC MY COMMJSSl'll":""E~~D FU~ COMMONWEALTH OF PENNSYL VANIA) ) SS: COUNTY OF CUMBERLAND ) On this, the /6 a. day of ocUe- _,2003, before me, the undersigned officer, personally appeared KATHY M. BARRICK, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ fd~~ Notary Pub c -17- Notarial Seal Connie J. Tritl. Notary Public Carlisle, Cumberland County My CommiSSion Expires Oct. 5, 2004 , ,Jdr, ,','''J!I..,.:,' Y' <,>'I '.\" :;.:.;- ;;'. ':1~ (") a ~ (..', "0 :s:: ;~ .. , c:. , :) q,7C; "'-_...'"J 2r' ~,i\ '::;) K" ,., ~c .. .'~ ~,(;, "::' L~.~ 2>- :.J =< 'X] .J -< :::> -...I KATHY M. BARRICK, Plaintiff v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW MICHAEL R. BARRICK, Defendant : NO, 02-5092 CIVIL TERM : IN DIVORCE COMMONWEAL TH OF PENNSYL VANIA) ) SS: COUNTY OF CUMBERLAND ) AFFIDA VIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S3301(c) OF THE DIVORCE CODE L A Complaint in Divorce under ~3301(c) of the Divorce Code with Notice of Availability of Counseling was filed on October 21, 2002, and served on October 31, 2002, by acceptance of service. 2. The marriage of 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 without notice. 4. 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. ~ 5. 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. 6. I have been advised ofthe availability of marriage counseling and of my right to counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 7. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 8. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree's being handed down by the Court. 9. 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: I D ).2.D ) 03 .~LI fi~j{ Michael R. Barrick o c: g "'U(L' mr;- Z:r. Zr; 5.Q:":' kC- >C, ZC" >c' ~ ... " , C) w Z ::::> co::.-=: (', -'n <::) ,'-7i ~. '.:~) , ~1 (.L, -t_ 'T) ~ .~ ("') :~fTl '"> S:J -< -0 :J;:; ry .:,.) -.J Si .~ -.J WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 KATHY M, BARRICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. MICHAEL R. BARRICK, Defendant : NO. 02-5092 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: I. Ground for divorce: Irretrievable breakdown under ~3301(c) of the Divorce Code. 2. The date and manner of service of the Complaint were October 31, 2002, by acceptance of service. 3. Date of execution of the Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree under ~330 I (c) of the Divorce Code by Plaintiff was October 16, 2003, and by Defendant was October 20,2003. 4. Related claims pending: None. Date: October 29,2003 ~~~~ Wayne F. Shade Attorney for Plaintiff () a <) ~ W T1 ;?: ~" -00:-' co fl1rn ~.::::: Z'"-::j .~ zr~ <.::> -- lj)", ..:..<: ,,~ :<C) r::c--' -0 ,.1-., << ." ~C ~ '~! (~ ~L' ~ <.< :'T1 C ?:.~ -, ~- ,:.> 5, -< -J -< ~ ~~ z:r' Zr; ~:::' <<-- ~E .vc: Z :.;? . . .. . :f.:+::f. Of.:f.:Ii,., if. :f.:f.:f.:+;:Ii . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. KATHY M. BARRICK, . Plaintiff NO. 02-5092 CIVIL TERM . VERSUS MICHAEL R. BARRICK, Defendant . DECREE IN DIVORCE . . AND NOW, ~ ,.",M I d- ~ 3 :sr>flV1 . da63 , IT IS ORDERED AND . . . DECREED THAT KATHY M. BARRICK PLAINTIFF, . . AND MICHAEL R. BARRICK , 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; All other claims have been resolved in a Property Settlement and . . . . . 2003, a copy of which is ~ ed, herein by reference as ~ . . . . . . . . . . . Ams~~ PROTHONOTARY J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ ~ :E ~nr' ~#, f:'d' - /r/ . )1 ~~ ~~~;; ;P? f.:;? /,j -/1 . , .....'.... '. - 1'" .. .~\' ,', " \, ..' ,,,. I' Cathy C. McCreary, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYL VANIA v. NO.03-5092 CIVIL TERM Patrick T. McCreary, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under 9330l(c) of the Divorce Code was filed on September 24, 2003. 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 divorce. 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 unsworn falsification to authorities. Signature:~I1~ Cathy ~Creary, P nhff Date: {fin/DC; I I Q, ~-<' {\"\'f:: \'S, %q ~C~\0{ , .p'.~ -'\; '/1~} ':::-:"(fC\ :~~ ?,~ -;,z. Q s' ~;L1\ r' ~ cr ~ 'f" - ~ >-< , t;.,,-,,,/, ;..>',. ::"'<.,,: (;:::>-",- "=0-\- ~~, .{;~':, ~, ....0 -;5;:' - " - "" - Cathy C. McCreary, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYL V ANJA v. No. 03-5092 CIVIL TERM Patrick T. McCreary, Defendant IN DNORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &330I(c) OF THE DIVORCE CODE I, 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! 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 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: I! Iri {J::; Signature: Cathy C ~ ~ <- ,-: i~::- ['C) o -11 ..... :r..,., rne: -a~c'j -'J (-") 1-., ~.::'2(:':;': ~~p, ':i't ,-<.. -0 :3': (J\