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Home My WebLink About00-01393 >::.x~.>-;::::~::c<~.>>}t;:~::+:)rx.x~:,~::~~:>::C~:;::~~::C(::;~::.f:;;!::.::,tr,'!;1 ~ ~ I , "", ~~ ",.::c;.~:>::c( :!::c(:x.:~ :::~::.X>::.::!;~ )::.X;~::C!;:::;~::C;';::::~::C.;;::;"::C~(Xc.~:.X.:( :.::c. ":.::C.~')3:~;:. ~.::.:.;~ >.::C;';::i~::C.. ':~': ~ ~ ~ ~.S .~ "'- a ~.~ i ~ ~.~ ~,' ~ ~.~ f..; ~ ~-.s ~ '." ~ ~'S ~ ~ "l ~ ~ ~.< i ~.~ ~ ~ ".~ ~.; ~I $ .'" :=: ~ ~ ~~~ ~ ~ ~'S ~ ."..; ~ N ~ ~~ ~ ~ " ,""; a ~.~ ~~~ ~ ~.; ~ f..; ~ ~ i ~.~ ~ i ~ i 13 ;.:(::~-'" ',,," IN THE COURT OF COMMON PLEAS OF COUNTY CUMBERLAND STATE OF PENNA. HARRIET B. BARNARD, I I I I N o. ,......~.Q.QQ.:-l.l~tL... PLAINTIFF Versus MICHAEL C. BARNARD, . J)E~ENJ:>.lU'I'J,' DECREE IN DIVORCE AND NOW, . . . . . . . . .A"'Jv,..~ . . . (!(~ . . . , ~&r. . . . . , decreed that. . . .. .~.:J;~'f. ~.. .J;J~~. . . . . . . . . . .. . .. . . . . . ", plaintiff, and. .. .. .. . .~;r.G~;r...G,. ~~~MI1.. ... . .. .. .. .. . .. . .. . . . . . " defendant, are divorced from the bonds of matrimony. it is ordered and 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; .~~~.~~~~.?~.~~~.~~!~~~~.~~~~~~~~~.~~!~~~~~~.~~~~4.~~Y.~~~ .~~. ~4~..il; .P~;r:.~9!. .1;~~!>. .4.:!-YPZ:<;:~. ~~<;:~~~.............................. 2000, ~ ~.'" 4;/; a.. Prothonotary ~ ;.::.:<>::+;<::.::.:;. ~~ :::-::.:;.:" )::+:;~, >::+;':. -"'::+:;.": ::-.::.:;~,;:::"::+::"'- >::+;/ 'I~ , I ~.s * ::'~ ~-:.~ ~ Q ~.~ ~ ;.~s *- $", ~ ~.~ . ~.~ i ~~~ I ~.~ ~ I i ".il! ~ ~ i !i'.~ ~::~ ~~~ ~ ;..~ ~ ~ ~ N . .<'< ~.~ ~ ~:~ ~ ,'~~ ~.s ;, ~~~ ~ ~ ".il! '",,' ~ " ~ ~.~ ~ ~ y ~ ~.~ ~ ~.f J. ~ '.' ~ '.' ~ '.~ ~ ~... ~ ~~.., << ~ ~-t- UJ..4ll.IiWiiIlMlOili!lil_.iIliIilIiilli... ~~ ~--,d, Ii ':~iJ" t-~\"-: ".'.'~ ..J1J,~ . .. ... tr/d>.&:J M ~ ~ ad-~ ~;/~'CJc77t~ ~.i 4' ~ HARRIET B. BARNARD, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. v. : NO. 2000-1393 CIVIL TERM MICHAEL C. BARNARD, DEFENDANT : CIVIL ACTION - LAW : IN DIVORCE MARJUAGESETTLEMENTAGREEMENT THIS AGREEMENT made this ~ day Of~, 2000, is by and between HARRIET B. BARNARD, presently of 44 Red Barberry Drive, Etters, York County, Pennsylvania 17319 (hereinafter referred to as "WIFE") and MICHAEL C. BARNARD, presently of 541 Good Hope Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on April 3, 1993, and there are no children born ofthis marriage. WHEREAS, the parties have reached an agreement concerning disposition of the various marital assets accumulated by the parties during their marriage, and wish to memorialize that agreement. NOW, THEREFORE, in consideration ofthe premises and of the mutual promises, covenants, and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, WIFE and HUSBAND, each intending to be legally bound hereby, covenant and agree as follows: <,,,;.,,.' . 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be construed to affect or bar the right of HUSBAND and WIFE to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone, and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which has occasioned the disputes or unhappy differences which may occur subsequent to the date hereof. The parties intend to secure a mutual consent no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code of 1980, as amended. 2. EFFECT OF DIVORCE DECREE. The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The parties agree that the terms of this Agreement may be incorporated into any Divorce Decree which may be entered with respect to them. 4. NON-MERGER. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but, rather, it continues to have independent contractual significance, and each party maintains their contractual remedies. 5. DATE OF EXECUTION The "Date of Execution" or "Execution Date" of this Agreement shall be defined as the date of execution of the party last executing this Agreement. ",.',,<._-----, ,~;-"', --'f::~_~:-:'--;- '~'" ., ?' ~ ,~- - ,- ---,~ '--'-'~-,'-- " "'" ,. 'j ",':'" ;-'\-~ '; ".,,,,,'-~."','--,, <.- '.. - -,', .-'. " ",." ': -~ 4. _ ~,. _ ,.~ <"-" 6. DISTRIBUTION DATE. The transfer of property, funds, and/or documents provided for herein has taken place to the satisfaction of all parties. 7. ADVICE OF COUNSEL. The parties hereto declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection in negotiation of, and formalization of this Agreement; that WIFE has been independently represented by Leonard Tintner, Esquire, 315 N. Front Street, Harrisburg, Pennsylvania 17101; and HUSBAND has been independently represented by James M. Bach, Esquire, 352 S. Sporting Hill Road, Mechanicsburg, Pennsylvania 17055. 8. FINANCIAL DISCLOSURE. The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution ofthis Agreement. 9. PERSONAL PROPERTY. HUSBAND and WIFE do hereby acknowledge that they have effected a satisfactory division of the household furnishings, appliances and other personal property, and mutually agree that each party shall from and after this date be the sole owner of all personal property presently in his or her possession. 10. REAL PROPERTY HUSBAND and WIFE do hereby agree that the real property, located at 44 Red Barberry Drive, Etters, York County, Pennsylvania 17319, will become the sole possession of WIFE. HUSBAND agrees to execute a deed from both parties to WIFE. WIFE will obtain fmancing for the real estate in her own name. ~ -'-, --~~--'- - .~ ,-- , -" - - , II. AFTER-ACOUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, tangible or intangible, personal, real or mixed, acquired by him or her after the date ofthis Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 12. DIVISION OF VEHICLES. HUSBAND and WIFE do hereby agree that ownership of vehicles owned by the parties, has been settled, 13. DISPOSITION OF PENSION PLAN/RETIREMENT. The parties hereto acknowledge that they each have pension plans through their respective employers and that each party relinquishes their right to each other's pension plan. 14. ALIMONY/ALIMONY PENDENTE LITE. The parties agrees that there will be no alimony paid. 15. WAIVER OF INHERITANCE. Each ofthe parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest, and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever, previously or in the future received by the other party. 16. DEBTS OF WIFE AND HUSBAND. Both parties represents and warrant that they have not contacted or incurred any debtor liability for which each party or their estate might be responsible, and both parties further represent and warrant that they will not incur any debt or liability after the execution of this Agreement for which either party or their estate might be responsible. ;, -, '~--~;'- '-"::-'-'?<:~I,,~ ,~--, -- ~,,~, " -"_' __"',"_"'C'n ,,-~,,-,,:,-,_,.,-~-, ,-"'''__c ... . 'h"",~_"""_'_',,,~ < _,.,",__,. _ ,_,_._ 17. BANKRUPTCY. The parties hereto agree that the provisions of the instant Agreement shall not be dischargeable in bankruptcy, and expressly agree to reaffIrm any and all obligations contained herein. 18. FINAL EOUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property set forth in this Agreement is equitable, and in the event an action in divorce is commenced, both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, understanding, and agreement of the parties that this Agreement is a full, fmal, complete and equitable property division. 19. WAIVER OF COUNSEL FEES AND COSTS. The parties hereto agree to, and do hereby waive any right and/or claim they may have, both now and in the future, against the other for counsel fees and costs, except as may be mutually agreed upon. 20. PERSONAL RIGHTS. HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on, and engage in any business, occupation, profession, or employment which to him or other may seem advisable. HUSBAND and WIFE shall not molest, harass, disturb, or malign each other or the respective family of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. I . '_,~_ _~ ,,- ~'l '1~"7':___ ^'",~ .,' ~"',. .'<, ,~ ..-'-0 '" '<0- ,- -:!' .--~,,' -'<',--~~,-"-'-' " ,"' ,,-p --- 21. MUTUAL RELEASE. HUSBAND and WIFE each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all right, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other, or by way of dower or curtesy, or claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) the Commonwealth of Pennsylvania; (b) State, Commonwealth or territory of the United States; (c) any other country, or any rights which either party may have or at any time hereafter have for the past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution or costs of expenses, whether arising as a result of the martial relation, or otherwise, except and only except, all rights, and agreements, and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, -, -,-~ - _,_N '''-c,,?''''I-' 1- ,'~' " 0'0'," < ~" , . .~_"'-_, '-'_>-iT'"" ,_. {_",''''_ 'T" c_~ . all rights, agreements, and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 22. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof, or default hereunder, shall be deemed a waiver of any subsequent default of the same or similar nature. 23. MUTUAL COOPERATION. Each party shall, at any time, from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 24. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding, and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 25. INTEGRATION. This Agreement constitutes the entire understanding ofthe parties, and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 26. OTHER DOCUMENTATION. WIFE and HUSBAND covenant and agree that they will forthwith (and within at least 20 days after demand therefor), execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall ^ ,. '-_.'''';''',,"-,~~1''::'''I~'':'~,_'':"'<-_~__ ~-,,,.-,,,- -~><-' _0'.' -,~,~ '~,,'_, c",'_.' ,'.-' - -- .., ." ~,"- [- ", - -.' .~ , -~, - , -, mutually agree, should be so executed in order to carry out fully and effectively the terms of this Agreement. 27. NO WANER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature be construed as a waiver of strict performance of any other obligations herein. 28. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party rnay have, and the party breaching this Agreement shall be responsible for the reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 29. SEVERABILITY. If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations or the parties, , , ,'" "";1',:",.<,..,..,,-. -" -~-. " - " -- " ,.,,-, ,_v"____","'~,,,~_ ,-.'., -"",-," - . 30. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws ofthe Commonwealth of Pennsylvania. 31. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference, and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. IN WITNESS WHEREOF, the parties hereto set their hands and seals the day and year fIrst above written. o J}: US-/r 1',- !"-- , ',:' ~_ 2'\::'''~;:~I",-:,,:''r''''':C:,__7_~~'; _~'_ ",' ':C' _~; J'_ "r,_",",'__" ,"',-, ,- _ '"_.', -,_~__'_ '_'_', ,-' ,. . .c__""" '__'3, ."'_ ., -<- -~'-' " COMMONWEALTH OF PENNSYLV ANlA :SS. COUNTY OF DAUPHIN On this, the ~ day of [r)0J.t , 2000, before me, a Notary Public, the undersigned officer, personally appeared HARRIET B. BARNARD, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial SeaL ~ LLS~ Notary Public NOTARIAL SEAL . Denise L. Foster, Notary Public Harrisburg, PA, Dauphin County My commission Expires March 5, 2001 .:~_~:--,~,-,~0?1"~-''T_~''~-_o'' '-'of_,. .,' "-""',"..'" : ' ~">'. ",,"-, "'-~-- , , '" "'--,-"e~"''''--'' ...,. ,,~__, . '-,0 .>-- ,--~ .",^',~-~- COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF CUMBERLAND On this, the ~ fA;ay of I/i!~ 2000, before me, a Notary Public, the undersigned officer, personally app~L C. BARNARD, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. ~'. ,-->'J!:I:.'-' HOrAlllAL SEAL JAMI!S M.llAOI. NoIlIIy MIle II f Iv Twp.. 0.,.__ 0IunIv IiIIr eH HI"!lIpINe Mar 13. 20llI ,. o~, __"::'_"'~-<:':~,'~il,"'::_:;,:-. _'h""_;_""~,,!___,,, .'_ ^ ._~.:"-'- , , "~ ." "', ,~ .~ . .. " , , Leonard Tintner, Esquire Supreme Court I.D. #06859 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Harrisburg, P A 17408-0741 (717) 236-9377 Attorneys for Plaintiff HARRIET B. BARNARD, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. v. : NO. 2000-1393 CIVIL TERM MICHAEL C. BARNARD, DEFENDANT : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section eX) 3301 ec) () 3301 (d)(l) of the Divorce Code. (Check applicable section). 2. Date and manner of service of the Complaint: Acceotance of Service - Filed with Court 4/11/2000. 3. (Complete either paragraph (a) or (b)). (a). Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: Plaintiff - 8/1/2000: Defendant 7/21/2000. (b). (1) Date of execution of the Plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: n/a; ~, - >,-,~'- ~~-~ _/,L,__~!, ,.-',,,"" ,,'7-r, ] .~,,_~,~_ ,_:_",_,~_,_, - ,_,_"~ ""'0- '... . .-'''~,- ,"~' " -" -- -f- - 4. Related claims pending: None 5. Date and service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the Decree is to be entered under section 3301 (d l)(i) of the Divorce Code. n/a. DATE: August 10,2000 '" "'~ , '<:-' :-'f. '-"~,':' ,C ~-. -;--,_ -~. ,<.,,<',,- "'~:",~":~-': ~",,-'_;-""',.~,~_.- ,~ ,,-< ^ ~"'F . ,__ _',' ,~, _, ..__ c " - "1 _ _ '-' . "..-",." ~".,.. "." ....'"',, "." ,-. ~ -, o c g:: \)'CO I11rT: Z::c i!i5r;:; -<2~ KG ~Q -C> )>c ~ ""~'" -",-" c:> o "'" c: en :~.;; --' ~-~"i ;1 -.,'''1"1 ...-;(, (iX, -It........ -.;~ ,-, -'".""'11 ~~2(") (jnl 'D! 5:l -< :to- ::Jl: 'E _T ,= ~~,_Ilt Leonard Tintner, Esquire Supreme Court J.D. #06859 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Harrisburg, PA 17408-0741 (717) 236-9377 Attorneys for Plaintiff HARRIET B. BARNARD, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. v. : NO. ~CXX)- /393 G.M;2 ~(Y) MICHAEL C. BARNARD, DEFENDANT : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling you must make your request for counseling within TWENTY DAYS (20) of the date on which you received this notice. Failure to do so will constitute a waiver of your right to request counseling. 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. ~'-::_ 0 "" :,--t",~o;!',1 ,,'" .- -- -~"" -. .. ~, . ,~ ",<~~,~,,~~ -A,_'">-,c '. ."'> - - ____,__" - . - - c". '" _"o~._" L_'_ '_n . 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. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 ~, .- -~ -~--, -,' ,', k'::_";~- >C'-of,'-"': '''','. .. .-f, <'" - ",",_,,"Y'i-~,_,,,_ ~;-._.r ,.".c. - -~--<- - ^. ,~ ,~.. "' ~~~ ". m:\bomelltlfamilylbarnard.div " Leonard Tintner, Esquire Supreme Court J.D. #06859 BOSWELL, TINlNER, PICCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Harrisburg, PA 17408-0741 (717) 236.9377 Attoroeys for Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. ~ NO. ,;UzrV - /..y;.3 ~ ~ HARRIET B. BARNARD, PLAINTIFF MICHAEL C. BARNARD, DEFENDANT : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER ~3301(C) OR ~3301(D) THE DNORCE CODE AND NOW COMES the Plaintiff, Harriet B. Bamard, by her counsel, Leonard Tintner, Esquire, and Boswell, Tintner, Piccola & Wickersham, and complains of the Defendant, Michael C. Barnard as follows: I. Plaintiff is Harriet B. Barnard, an adult individual currently residing at 44 Red Barberry Drive, Etters, York County, Pennsylvania 17319. 2. Defendant is Michael C. Barnard, an adult individual, currently residing at 451 Good Hope Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least 6. months previous to the filing of this complaint. , ,-, -- ~"C-_'4_ '-,,"--r~'\ _,"' -.' - . ,.=-, - , - -, ,-.=, '<_A~_~ -,~-" ,_"",'," _ _ . ... . '" ,,' 4. Plaintiff and Defendant were married on April 3, 1993 in Howard City, Maryland. 5. There are no children of this marriage. 6. The parties separated on or about October 15, 1999. 7. There have been no prior actions of divorce or annulment between the parties. 8. Neither of the parties in this action is presently a member of the Armed Services of the United States. 9. Plaintiff has been advised that counselling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counselling, but avers that she does not require or request counselling. 10. The marriage is irretrievably broken. ,: 11. The parties may enter into a written agreement with regard to property division, in which case such agreement may be incorporated by the Court into the Final Decree of Divorce. 12. Plaintiff requests the Court to enter a Decree in Divorce WHEREFORE, Plaintiff requests the Court to enter a Decree in Divorce under ~3301(c) of the Divorce Code. RESPECTFULLY SUBMITTED, DATE: j ..1-00 ~-, - ~"~-,'-'>"'__';;_""'_"'""_"__",~__C'__'''''t_,. ,_, ,y, .~__,__,,~"_,_ ',__~~<._,'_ ._, _,'_'_~~_ _ ,'0'_, . HARRIET B. BARNARD, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. v. : NO. MICHAEL C. BARNARD, DEFENDANT : CIVIL ACTION - LAW : IN DNORCE VERIFICATION I, Harriet B. Barnard, Plaintiff, hereby verifY that the facts contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. T B. BARN DATE: 3l~l~ I:. . , "-,-~,-:t'iJ\-_,,_",__, ---",~,~-,-~",:;",,-~q""'fp',-r"'" "_""', " --,,"_,">-_',"" """"'--^'-"'- '^,,, ..,. ""--~ ,--~-~~,," (") 0 0 c 0 -n Z :J: g -cEo ::d J:.l @: t11Fl :r..p iCn~ z:u ?:I :\b it ze"- I .'om ~~~: \.0 :nO -. , ~ -J ~ ~CJ -0 ~~~O >0 ~~- Ii ::J' ~2:n ..J ~C~ ,~~ (b \)J )>--' 'I? O' c ()'l z ~ ::< """ C1\ 0 <0 -< =0 Q... i ..... ," ~~~""""""' ~~, , r~ .. ~~ , ,-'",~. " w"'- ~.,o c~< ^ '-'.1.- Leonard Tintner, Esquire Supreme Court J.D. #06859 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Harrisburg, PA 17408-0741 (717) 236-9377 Attorneys for Plaintiff HARRIET B. BARNARD, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. v. : NO. 2000-1393 MICHAEL C. BARNARD, DEFENDANT : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE I, HARRIET B. BARNARD, being duly sworn according to law, depose and say that: 1. I am the Plaintiff in the above-captioned action in divorce under Section 3301(c) of the Divorce Code. 2. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 3. I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 4. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 5. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 9, 2000. 6. My marriage to MICHAEL C. BARNARD is irretrievably broken. 7. Ninety (90) days have elapsed from the.date of filing the Complaint. €, "' 8. I consent to the entry of a fmal Decree of Divorce. 9. I consent to the entry of a fmal decree of divorce after service of notice of intention to request entry of the decree. I, HARRIET B. BARNARD, Plaintiff, 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.A. Section 4904, relating to unsworn :Ii lsi cation to authorities. DATE: "i I dQod> .~ , ?-:"'-~-,':'_'''''!7''''-_':<''l)\~''~''-'~'~-- "~,'""",^,--=--,<-,,,.- .- ~"""~F,~' ~ '"' ='-C> <, 1 ,---'- -'~,'_" "'.",' '_~~'_____1__.""r-?" <'_:~d - ,,"_,. ,> ,-"""'W,-, " '--~~'_ II *' (') <::> '" ~ ~ = ~1 e: -Om ~ :2:1 mrn G"> C.- Z::D -+1(-:-1 ze- ~3~ if1~; ~o "". ~~-::- --n ~o ::r: C) C) -0 '8 iSm >c -I ~ =:> 55 v:> -< le_ I ~-_ 's~ ' ,', _"'_'-.'-_""'_'~:"'-__", _7~,~" .'r)' 'r" "-.-"___"M,,,,,,'~' - ,""'"7-\", _",,- , ~~ -, , HARRIET B. BARNARD, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. v. : NO. 2000-1393 MICHAEL C. BARNARD, DEFENDANT : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE I, MICHAEL C. BARNARD, being duly sworn according to law, depose and say that: 1. I am the Defendant in the above-captioned action in divorce under Section 3301(c) of the Divorce Code. 2. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 3. I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 4. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 5. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 9, 2000. 6. My marriage to HARRIET B. BARNARDis irretrievably broken. 7. Ninety (90) days have elapsed from the date of filing the Complaint. 8. I consent to the entry of a final Decree of Divorce. 9. I consent to the entry of a fmal decree of divorce after service of notice of intention to request entry of the decree. ,_'i . , - o"'T\;'''::~-",'?'(' - -~ ,""' ."." '~ o_~-___, _0' ., ",'.'!f;'_~__'''"d':''~'''_",l- co .. "--__t',~_. "","""','l:_"F ~'-,,",. - - . I, MICHAEL C. BARNARD, Defendant, 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.A. Section 4904, relating to unsworn falsification to authorities. DATE: 7~ZI.i,o .- . " ;., /';-"'<"::_'- L <:~._,,~.O~_~<.:,'!;Y ,-,?..=,',- ,- '_-'j,~- ,,,,;",,1",,",.,~ < -, ,"~t;iV-?,-,-:'~-:",r' ",;-,;,,,,,,,~::,. . ",>,!. ^ ,,~..,~ ,_,.",,",' ,_. -~,,_ -<l't"'-" " _ ':'~,-. - .""' ' ,." ~ f"',W,' . .. .... ..'. "'~'.' ,.... . ','^ ",'" " ~,- , .. '",,'.''."."''''''' ,-?E- ,!'''L ,~-{ 8 c::> (''':, CJ ..::.--! '1.': no ~ffi c:: ',,-;0'1 C.-) :t,l -'JTJ ZC ~.~i~ CJ:>"".: -<L~_ ~CJ :J:.~ ~8 ~- ():-:-~J -~ "'..1"'( ) Pc 'P. r:3nj z s! =< 0 ~ , .",...,""., ~~ ~ . - :. ~ ^' ..w HARRIET B. BARNARD, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. v. : NO. 2000-1393 MICHAEL C. BARNARD, DEFENDANT : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 ofthe decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. DATE: ~II}~ . ,>"1,>,,'. Y".'> , .~'" ;_:~::'l__~"~;'.,__~M',.,.'--' ".,N? __,_._. ." e'",_,':'" ;~,e ',. ",/,,"'<'".1" -,." '-"1-,';" ,-,.,-,,-, .,.,.--"..,.-" -- . . ~~. .<. ~<""" _."""""~_ :':""'-7""''''~ ,-\. . ~-...",~ ~, - , . C) 0 0 c 0 " ;;?; :<>0 ._" -Ow c:: ~}~~ ron-I G') 2:0 , 2r ~:~i f!3 ~dc:: 1~-'''-\ t - ""'- "'iQ c.::C: ",. "'." 'I ;ij;o ~--n .:x <'-01.0 ;;0 '!? Orn C :;;! ~ :0 0 -< ~""""'~. ,. -: . HARRIET B. BARNARD, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. v. : NO. 2000-1393 MICHAEL C. BARNARD, DEFENDANT : CIVIL ACTION - LAW : IN DIVORCE I \ f "j ; .I 1 I -J WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a [mal 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 1 l l ~ Court and that a copy of the decree will be sent to me inunediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. i , :; ,J! DATE: 7~ ~/- tItI i [ N '.i il ~ ~j :! , 'J ""',>-..;'_ , __ "~'_"'~~'"_E."_"'" "'-'-"" "-'.:r:',"'" -'",....'C,."'_"" m:\home\lt\family\barnard\accept.slV . Leonard Tintner, Esquire Supreme Court I.D. #06859 BOSWELL, TINTNER, PICCOlA 315 N. Front Street PO Box 741 Harrisburg, PA 17408-0741 (717) 236-9377 AttomeYl; for Plaintiff & WICKERSHAM HARRIET B. BARNARD, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. 1 I i I " I ! I i v. : NO. 2000-1393 CIVIL TERM MICIlAEL C. BARNARD, DEFENDANT : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE I , i , i :} I ~ , , ~i ~I " ~: Ql 'I (I II ~I !ji ~i ~I ~I z! ~t :!: M 3' '!j Vi ," ;"; ~I "' ~: ~; ;j; ~J il b1 ':J ~1 11 I, Michael C. Barnard, Defendant, do hereby personally accept service of the Complaint in Divorce filed in this action, and certifY that I am authorized to do so. Date: Sworn and subscribed before me this .'d ay of 2000. ~~ ''''",'-'''_,'''-:1''-:'''_":,,,,,,,,__,,_" -- .,.-re",,>," ,',-,'-';"1"-- _'~"_- "Y,';"P<',i'''''::,;~; '7'" 'o^'_^_ ~co_,_ '_~_" "-,.~,,,t,?~, ~:' '~':"'__ --' c"'- ,~,-,'_ ,'_ _ """",_,~" "';.' ~., _ h _~ "." _ ~ r,-' - ., -~- '.- ,..;.'." _,.L.J,"~~;":.iit~;O.-~j,~'.,....-9oI <'.Loo1<H., .c. ;....,"';)."'......,'._~_.'" ,,-"""'~._~F__"-__<"_,~. "" _ " _ ~. ," C.' -" ""kJrl~1L " ..,;~-"- .. $ _' '-'--"'_"""~''';~,I\llii;_: o C 7 [Rff; z"'p ~~. >C" $2 s -< '"""'i'~-. ,~~ c-:> C'l ~ ~\.l ::~:'1 o " "'" (,J) vi .t:'. ::.:;; j-J -< -~ - <<... ..;:':.....I._~~,... -". IIf1~ I ~/ \ \ .-' " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW .. Hw-(I'~fts- towerrd_ _ . . . Plalntlff -;of File No. 2<<0--- f3q3 vs. mtcJvy&/ c < & rf1h J Defendant IN DIVORCE NOTICE TO RESUME PRIOR SURNAME rsffi matter, day of prior surname of this written notice hereby given that the Plaintiff/Defendant in the Final Decree in Divorce on the to resume the Notice is DATE: -Dr ~/0 1) ( , and gives provisions of 54 P.S. S 704. o / \ Si9~'O' ".me beiog ce"umed COMMONWEALTH OF PENNSYLVANIA: : 55. COUNTY OF CUMBERLAND On the t(,,~ day of Cl~nlA.ltr1b. ,Xlid..t:vO, before me, a Notary Public, personally appe~d the a ove affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. t~~~ Notary PUD1- . NOTARIAL SEAL Elalna M. Regi, NotaJy Public North Middleton Twp., Gounty of Cumberland My Commislsion ExpiresNov. 6, 2004 ,-~ , - ~~~ - .~~-,-~!-- _""""'iW'P"Ji! ~ II o , ' 1'- ,- / ~ _.~~~ 1- ~ ~ 0 0 C-.J C C)- D ~~ ":r~ & ~ ~!~- c~ . ~c:; ~ 1~ ~~~~: ~ z.: :~) 13 -I -' -< f..,) " -- ,~ ~~~jg!l!:r.~!i":","'''l''"''i~''J;'')f!!;!ffl~'~~!~'l'!''1~'-l''ll''\;" _~~ ,._f~'!'~t_k1I. ,. -~-,~ , ~