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HomeMy WebLinkAbout00-05272 !.-_ 'r'_ :,-, ,- - -I, ' ';." '/,;<,,;;C_'i__ '.""," ,.__., ' . ;!~~ '::' _ ....~' , - .' ~ ',--, - " ''''-,;' ,', -~ - "'" ':;~3>}()>>)>;:,,':~~::.::.{::~~::c~::':::~3t~;~::,!:-c~~:'::,~::.n:!-::c~~x.;::~~3&~:}::C!;::.~~.::!::')::C{)::C(:~~::CK.;,!>>::!;:,::,~::C~;:::i*>>);::':::~::C~;::~~::'::~;y~f~!>>:~~?'::~~;:::!~~~>>;;;,~!::.::~;;:::~~::c~~::(:~::c.~;:~(,.W~1 ~.i ~.'.. ~ ~ t ~.~ ~ ~ >,.,,- ~ ~.{ I 1"; " . i .. N l..~.")>>;,.::",.:.,.>>;.;:,~",.~..)>>:,.::,,.~,.:::,<<<.;:,:,.~.,::':+:"::"~":":.>:'=":"::":.:<X.:<':.::;:;:;;"):.:" ~-.~ ~ ~ ;.,<;~ ~ '",,- ~ ~.~ ,.,." ~ 'il-;J ",.", ~ 'il-.~ . ~i a '.' ~.~ ~ t ~.~ ~ v ~ S ~.s ~ ~ I ~.s ~ ",~., ~ ~.~ ~.~ ~ ki ~ ~ ~ ~.~ k< ~ ~~,~" V ~ ?'i >,~ ts ~ ~.~~ ~ ;..": ~ ~.~ ~.~ ~ N ~ ~.~ ~ ~ !i'.~ ~.~ ~ ~~~ ~ t',,; ,-.." ~ ~.,; a ~.~ ~ ~ ~ ~.~ ~ ~.s ~ ~~ ~ ,i ~fN1 ~ ~'I ':". k~ ~ I ,,",; . "' """'"' .1 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. .i\LAN. C...:6AM.lCK.. ......... BETSY M.I3,AJl;R.ICI<"H 'H', I I I ............. 19 N 00-5272 O. ...................... '.H'."Hfl;l,!;i,!!~ttt. Versus ....D,e.f.etidant.. AND NOW, . . DECREE IN IVORCE .....18..., ~, it is ordered and decreed that ................................................., plaintiff, and. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which hove been raised of record in this action for which a final order has not yet been entered; ................................ .... ...... .............. .... ............... ..... ....p... J. ..~iro'h~~O~., :.~~ ~ ~ ~.~ * i ~.t ~.; ~ ~ ~ * ~.~ ~ ~~ i ~.t N ~ ~.~ ~ -- ~, .,,' * ~.~ ~ ~.~ ~ ; ~.~ ~'S ~ ~ ~.~ ~ ~.~ ~ ~.~ ~ ,,~ ~ ~.~ ,', ~ ;i; ~.~ ~ ~.~ ~~ ::~::.::<:::.::.::.::: ::'::.::'.::::'::.::( >::.::<::;O::.::~:, :"'::+;"': ::..::.::.,:'::..::+::...: }::.::~;: ~ '.~ I I i i ! I ! II .. ~ f;'o,,,,, "~ "~,. " --- ~~~",~ '. ,. '. ' -, \. .:t' ',.~ $?-,z).&cJ M.e~'~~ a4 ~._/ /~-dO-a> 'llde ~ z.-,~~ , __ '!"'l"'1I'IIII""" ",...~ ~l!l!illll!ll-._ " """""~~!'f'-,~~" ,-,I~i!!K/, ~~ \'lIl:o;;ll_ rv- . ~_'r'_ " , . . MARITAL SETTLEMENT AGREEMENT ~ TIllS AGREEMENT, made this a.o- day of S\' ~t6'\'c:E.e..2000, by and between A. CRAIG BARRICK of Falls Church, Virgi,nia, (hereinafter "HUSBAND") and BETSY M. BARRICK of Enola, Pennsylvania, (hereinafter "WIFE"); WIT N E SSE T H: WHEREAS, the parties hereto were married on March 26, 1988, in Norfolk, Virginia, and WHEREAS, the parties have no children of this marriage; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is unrepresented. HUSBAND is represented by Debra Denison Cantor, Esquire. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCRACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to ~3301(c) of the Divorce Code. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice oflntention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement or upon expiration of ninety (90) days. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of thi;; Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. Page 2 of 12 ,-<. ,-,~ = -..>>'-'<i....._. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party _absolutely and unconditionally releases the other and bis or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, 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 Pennsylvania, any state, Commonwealth, or territory of the United States, or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release form all claims whatsoever, in law or in equity which either party now has against the other. S. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or Page 3 of 12 undue influence exercised by either party upon the other or by any person or persons upon either party . 6. SEPARATION I NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. 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 her may seem advisable. . WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 7. REAL PROPERTY. The parties are the joint owners of real property located at 69 Sherwood Circle, Enola, Pennsylvania, 17025. The parties agree that the value of the home is $147,000. The balance of their mortgage is $102,000. The parties agree to divide the equity in the marital home and WIFE has already transferred 50% of this equity value to an investment fund owned by HUSBAND. The parties agree for the year 2000 to split all interest and taxes paid on the house on a pro-rated basis based on HUSBAND's residency in the home for income tax purposes. From the execution of the Agreement, WIFE shall have one (I) year in which to refmance the mortga/ile. If she is not able to refinance after one (I) year, the house will be sold and WIFE shall retain all proceeds from the sale of the home. If WIFE fails to make two (2) consecutive mortgage payments, the home shall immediately be listed for sale. From the date of execution of this Agreement forward, WIFE shall be responsible for all payments associated with the home, including taxes, mortgage, insurance, utilities, and all other related expenses and shall indemnifY and hold HUSBAND hannless from said expenses. Page 4 of 12 At the time of execution of this Marital Settlement Agreement, HUSBAND shall execute a Deed transferring the property into WIFE's name. The Deed shall be held in escrow by HUSBAND's attorney pending the refinance or sale of the property. 8. CREDIT CARD / DEBTS. The parties acknowledge that there are no jointly held credit card debts. If a party hro acquired debt, the parties agree that each shall asswne full and complete responsibility for his or he:' own debt.;;. HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnifY and save WIFE hannless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and he shall indemnifY and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. Page 5 of 12 9. RETIREMENT BENEFITS. HUSBAND retired from the active military service in 1996. The parties recognize that there is an eight (8) year marital interest in said retirement. WIFE hereby agrees to waive any and all right, title and interest which she may have in this military benefit. It is acknowledged that HUSBAND executed the Spousal Survivor Election at the time of his retirement. WIFE hereby agrees to waive any and all right, title and interest she may have to the Spousal Survivor Election. In the event that HUSBAND is unable to alter his election, WIFE agrees that upon receipt of any and all spousal survivor payments, she will revert said payments immediately to HUSBAND's estate or to the beneficiary of his designation. WIFE specifically waives any right, title and interest to any benefits derived from HUSBAND's death and agrees to indemnify and hold HUSBAND's estate harmless for said amounts. WIFE is employed by the Civil Service of the federal government. WIFE is the owner of a TSP and FERS. HUSBAND hereby waives any right, title and interest in said retirement. WIFE is also the owner of a Roth IRA with an approximate balance of$3,000. HUSBAND waives his right, title and interest in this retirement plan. It is the parties specific understanding that no retirement valuations have been completed on the parties' retirement benefits. The parties acknowledge that no statements have been exchanged and that they are making these waivers of retirement benefits without full knowledge of their true value. Both parties have been advised of their right to obtain a valuation of these assets prior to waiver and waive said right to evaluation. 10. INVESTMENT ACCOUNT. HUSBAND is the owner of a Aim Summit investment account. WIFE is also the owner of an Aim Summit investment account. WIFE has transferred one-half ell,) of the equity value Page 6 of 12 "I ~." L' . . '-,'" r"" in the home to HUSBAND's Aim Swnmit acCOWlt. Upon receipt of those funds, each party.hereby waives their right, title and interest to the other's investment accoWlt. II. BANK ACCOUNTS. The parties are owners of separate checking and savings accoWlts at Members First Credit Union. The parties agree that they have separated all joint acCOWlts and all accoWlts shall be the property of the individJlal in whose name it is registered. Each party does hereby specifically waive and release hislherright, title and interest in the other party's respective aCCOWltS. . 12. LIFE INSURANCE. The parties were owners of whole life insurance policies. By agreement, each whole life policy was canceled and the parties took the cash value thereof. Each party specifically waives their right, title and interest to the cash value of the whole life insurance policy. 13. PERSONAL PROPERTY. The parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a marmer agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. The parties are also owners of two (2) show Chow dogs. WIFE is the owner of the dog named Sheba. HUSBAND waives any right, title and interest that he may have to said dog. The parties are joint owners of a Chow named Chief. The parties agree to maintain joint equal ownership of the dog and shall be entitled to any and all benefits reaped from said ownership. Page 7 of 12 14. VEHICLES. WIFE is the owner of a 1993 Nissan Ultima and a 2000 Honda CR V. Both cars are in her name. HUSBAND hereby agrees to waive any right, title and interest which he may have to said vehicles. WIFE agrees to assume all responsibility for any all loans against said vehicles. HUSBAND is the owner of a 1989 Nissan Pick-up Truck. WIFE hereby waives any right, title and interest to said vehicle. The parties agree to execute any documentation necessary to effectuate said transfer of titles within ten (10) daysofa request to do so. 15. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any 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 as set forth herein, including all attorney 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 obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. Page 8 of 12 , I. " , ~ . . - -"'~j(t 15. ALIMONY. SUPPORT. AND ALIMONY PENDENTE LITE. The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. The parties further release any rights that they may have to seek modification of the terms of this Agreement in a court oflaw or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintelli!Ilce of the other. 16. ATTORNEY FEES. COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 17. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 18. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement of all marital and non- marital property; Page 9 of 12 (b.) The right to obtain an income and expense statement of either party; (c.) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pen.!iente lite, alimony, counsel fees and costs and expenses. 19. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 20. VOID CLAUSES. 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. 21. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 22. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. PagelOof 12 23. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, tl:te parties a~~pus Agreement was prepared jointlYbjil:he partiei.';._ ,,=~L;- . , ,> ... .,...,.... .~~)!:"c' '",,;;,... ::j~7fi~--,;. IN WITNESS WHEREOF. the parties hereto have set their hands and seals of the day ~ above written. ,:.~-,::~ ----"'-'''''~-->;;;,<.:: This Agreemenf'is;ex~<m'dupliclite, 'and in counterparts: acknowledge the receipt of a duly executed copy hereof. -.:-.,.,~ '- .-:'~ti,~tt~;::",- WIFE and HtiSWAND . rw!.~ 2M ~L Witness ~)m~A'k) I BE Y M. B CK Page 11 of 12 '. '-- ."""" , ;;:11. \J~k.') COMMONWEALTH OF PENN@L'::iu:. COUNTY OF ~~ ; SS. On the dLJb day of <;?~~ ,2000, before me, a Notary Public in and for the Commonwealth ofPt . the undesi~ed officer, personally appeared A. CRAIG BARRICK, known to me~ satis tory proven) to be on of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. . '. ('~~~~~ Notary Public My Commission Expires: ~bD '?:;Q ?OC:!2:;-- , , COMMONWEALTH OF PENNSYL VANIA COUNTY OF CuI!"6Q<.LAiv'D ) C Q'l On the .J day of S'CPTI: Mf.,r...... , 2000, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undesigned officer, personally appeared BETSY M. BARRICK, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be her free act and deed, : SS. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. (0 ~ \ L~<-\.-L NotarY Public My Commission Expires: " NOTARIAL SEAL.,."J ~HARLES i;, HA,RBOLD Nctary r""'" 'I 1...1 . . ...., ,,....,,~~~<:!nti r C:U::loJ . Camp Hill Boro, v...." \.............._;; ,.,....,.L), . . ... '~,A_ l':;;,>~ -0 ....v,....:..l MV CCr.lmISSICn C~(';:l: (;;:J '-' ...,lv. '- . - ~..o Page 12 of 12 .!!liIl!II~~~!!~mlMil1!.;~~~.,,_~~,,~~.<;\j.:#ti&.>~~~iilllll~ilIwr.li\ll!ll~iI:l!l.~I-~' .-~"";IliW~~-'iIIIil'if_~ ..."~:~- o U~: rn;-::-' It: ::=1 -< :::J <r,1 (,::1 C) ~.".. ':~) ~, - ~.'0 ;\) ~~ -~." ALAN C. BARRICK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5272 Civil Term BETSY M. BARRICK, 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 an appropriate divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of complaint: The Complaint was filed on July 27, 2000 and was served on Defendant, Betsy M. Barrick by certified mail on July 28, 2000. 3. (Complete either paragraph (a) or (b).): (a) Date of execution of the affidavit of consent required by Section 330l(c) of the Divorce Code; by Plaintiff November 7, 2000; by Defendant November 6, 2000. (b)(l) Date of execution of the affidavit requested by ~ 330l(d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's affidavit upon the respondent: 4. Related Economic Claims Pending: There are no economic claims pending as the distribution of all personal and real property has been settled by agreement of the parties. 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in ~ 330l(c) Divorce was filed with the Prothonotary: November 16, 2000. Date Defendant's Waiver of Notice in ~ 330l(c) Divorce was filed with the Prothonotary: November 16, 2000. Respectfully Submitted: REAGER & ADLER Date: November 16, 2000 By: a~~If1i'i~~'~lw~i!i1ilil~!;;,i",~Ii&M.!"''1ilflioo.\t.Ii1LC.l,'''''lJ~.''t00''''~$!1"~l!i~lii1i~~~~~~_o_=~""" 11!;l!ti.dli!!;~~i!.~""~ o ~~ -r.ib~ ~~. ~~~: --:? l. ...o_{""., 5 (c-:.' Z ~..., -< ~ r5 ,,,,.:: ["00,) i"C en p ALAN C. BARRICK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. fJV- !>.J7:L ~ ~ BETSY M. BARRICK, 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. 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 at the 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIm OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty A venue Carlisle, PA 17013 (717) 249-3166 ~~' -, - - _.~, ,~- 'r,-" _ . --;,.-- -,-, . "-_f -"" - ,- ALAN C. BARRICK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. BETSY M. BARRICK, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c)(d) OF THE DIVORCE CODE 1. Plaintiff is Alan C. Barrick, who resides at 69 Sherwood Circle, Enola, Cumberland County, Pennsylvania. 2. Defendant is Betsy M. Barrick, who resides at 69 Sherwood Circle, Enola, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on March 26, 1988, in Norfolk, Virginia. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. The Plaintiff and Defendant are both citizens of the United States. ---"- .- ,-- ,-" ",,- ~IL 8. Plaintiff has been advised of the availability of marriage counseling and that he may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. The marriage is irretrievably broken. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes the Defendant may file such an Affidavit. 11. In the alternative, Plaintiff will file an Affidavit of Consent and provide the appropriate notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301(c)(d) of the Divorce Code. Respectfully Submitted: REAGER, ADLER & COGNETTI, PC Date: July 26, 2000 By: D D IS N CANTOR, ESQUIRE Attorney LD. No. 66378 REAGER, ADLER & COGNETTI, P.e. 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorney for Plaintiff ,,,,-, "< " ~- ''''~'', Ce' _' """ 'h'-.-,d" .,--1", ,,,;,,... _','.,C W...'" :.. . .~ : ,} VERIFICATION I, Alan C. Barrick, the above referenced Plaintiff, hereby verify and state that the facts set forth in the foregoing Complaint Under Section 3301(c)(d) of the Divorce Code are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A S4904 relating to unsworn verification to authorities. DATE: , ~ ~ ;'k.-, , , , , " .' ,.. ,t_ ,.-,> '~-'-= , t!ii \\Ntsb\family Inw\Fonns-MPC\Misc\CERT.SER 7126fOO CERTIFICATE OF SERVICE I, Debra Denison Cantor, Esquire, Attorney for Alan C. Barrick, Plaintiff herein, do hereby certify that on this date I served the foregoing Complaint Under Section 3301(c)(d) of the Divorce Code by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Betsy M. Barrick 69 Sherwood Circle Enola, Pennsylvania 17025 Date: DE DENISO C NTOR, ESQUIRE Atty. LD. No. 663 REAGER, ADLER & COGNETTI, P.C. 2331 Market Street Camp Hill, PA 17011-4642 (717)763-1383 ->- .'"',' ',- ,-' ,.:;,; ..,,"' ,.l_~ ~- . RECEIVED JUL 3 1..~, ... - ~ "', ,/^ / /" ALAN C. BARRICK, Plaintiff v. IN THE COURT OF COMMON PLEAS / CUMBERLAND COUNTY, PENNSYLVANIA NO. 00- S.;)7~ CiI/ll1R.rf//l- BETSY M. BARRICK, Defendant CNll- ACTION - LAW IN DNORCE ACCEPTANCE OF SERVICE I, Betsy M. Barrick, the above-named Defendant, accept service of the Complaint in Divorce on my own behalf. Date: V/JViJV By: l~rrL~Jp) 'Betsy M. rrick, Defendant iIII~-""'" ~ --'"~iIlilIllllM_lIiil , __lilt>" ^._.w;~.oo""~ ~"," 'lI-~ , . ~o ~_ --< ~M _~..N'.'~ .~~~-""', - '-"'~ () ~r ::0::[' 21~'_ ,-:; :~?~ ;=.? ~"- '-,_.' ...J.--'c: ~ ", , . ,"- '<-.,.' C:;) ~ :.,') c...: ~ ~._--. '0 C" , ,.~~"<' '--; --'''': -.i.i ~: ,.. , , -- " '.,-- --,-"-..- - - ~ ,;'","""~"-,, 'u: ALAN C. BARRICK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5272 Civil Term BETSY M. BARRICK, Defendant CIVIL ACTION - LAW IN DNORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on July 27,2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating TO unsworn falsification to authorities. Date:- /~ ~~ ALAN C. -liiiIl- I.'~~ '".~ '" " '--.iIIiiiiil~I-':""-~'","",~~~i ~,- l- ""'''''''''~~il ..... (') C V~ n,;-o". ;~ Pc -,7 ~ ~; "",,- -.."" ,~ o C:.; c) --=-h 1 -..... ...~! ,,.~ i'.) p".:, -T) o ,r.'" " ~ .-, , - ,-- -''_-',.,._ 1m--- , ALAN C. BARRICK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5272 Civil Term BETSY M. BARRICK, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE UNDER 113301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understa."1d that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. DATE: /p4/~ /lt~~ ALAN C. BA I ,i-r.=,~ 'f'>'~'~~ ""'U.!llliaIi "Ilokjl "*,L....~.a-.DIIi' 'r'~"D_ "-~-'i ."-.t;-.iIi -, ill_ q <;:." ~'.. -onJ rnn', 2-:;:7 ~t, r..-c- '- ~Yr-. ~Zc- ~C! Pc Z; =< '" .-;~ ,-~~~ . c:~ C:) ~.... ~I". C:::f .--1::: ~, -~ 1"--:- --v :-.z: .:; ;-i'~ ,.."rt "~-~~ (--') ,.::,; );'1 ::=:j ~: o .1:- ~i ,- "-'--""'"""-' 'd _"U,;;,~~,_, ALAN C. BARRICK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5272 Civil Term BETSY M. BARRICK, Defendant CNIL ACTION - LAW IN DNORCE AFFIDAVIT OF CONSENT L A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on July 27,2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: i I I G, I (;l,DDD /tJ~/fL. !\3()AAM'.m 'BETSY . BARRICK BiiI"'-=~r"i;;, ~~1flIi"-" -,- ~~'''' fIilI_l'~~,<"Q,,~- ~~ . ,,';_~.J .......""'" -, . ,-;, " -- ~-,.- ,c, .....C,' 0 C (-;1 C 0 T? s: -,~ 'lJ C'..:J m Q": Z ..U ";'0 Z I (f) ~.;~ f'<) -< ~ ,_.,1 "'\.j c:' ..~,:'" :Z () :1> '-. C- ,-..' Z .::> -.,..;~ -' ~ -< (Jl ~~-.. -,: ~ It . ''"'-' ~ J"~" , "," ". -,,,.,:.,-:.,, , . - -~"' . ','- - - ..."", ~ . ALAN C. BARRICK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5272 Civil Term BETSY M. BARRICK, Defendant CIVlL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE UNDER !l3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. DATE: 11!/..Q/if.ODD 10 ~'1YL. tODAA.M' Jp~ 'BETSY . BARRICK ~lIiIliHM"< ~"'. ," ,""-'<' ..:..>'"~ " ~...~~-..-Wtl""'" "..iitiJ;,,;~~ "~ .".;i ...' """" ~.- " ""''''~'/ -"1..../,,,="_ . ,'~ ~- "",' 0 - o c: ;c". ;r{/4-~~ .2':c_ <::c (n <" ~~ ;:;:: ::< ~ ~ (Yl t..::J C;;) J~ o ----r, C'..~ ['0 f\,~ '. l!l - ~ .~~_. . < ';" REAGER & ADLER, PC JOANNE H. CLOUGH, ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorneys for Plaintiff ALAN C. BARRICK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5272 Civil Term BETSY M. BARRICK, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO THE PROTHONOTARY: The Social Security number of the Plaintiff, Alan C. Barrick is 228-78-0990. The Social Security number ofthe Defendant, Betsy M. Barrick is 169-48-5050. Respectfully Submitted, Date: November 20, 2000 By: REAGER & ADLER, ,e; I'" G , ESQUIRE Attorney I.D. No. 6461 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. [717] 763-1383 Attorneys for Plaintiff ai><' -0 ''''~"-~ - ,~~~ - ~~it!:&~~~ilff,1-ll1!I,,@;~,!![iil:i'-_.Kj" . .~-- "" "11 - " ,)..... ~ ""^" ,"" 0 0 C C.:) -0 s: :;~ [Jj ,!-::.~) nlq'. Z' " ~ 7F~; r'v '-n VJ~:;~. r--" 'i -< ;.::.'- " L-C C; ~f: ~;:.,: _"o:;! :5 z ,:::> ~~ =<! 01 :I..1 ^' Fi: