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HomeMy WebLinkAbout00-05313 I, ~ . . . . ~~ ~~~ ~~ ~~mmmmmmmmmmm mmmm . . ,'. ,- i , - .. . .. "';Ii "'Of. . ,1"f.:+::Ii mm :f. m . . . . . . , , IN THE COURT OF COMMON PLEAS , , OF CUMBERLAND COUNTY , , . STATE OF , . LUCY B. BARGER, PENNA. . PLAINTIFF No. 00-531S Civil Term . VERSUS . . . BRADFORD J. BARGER, DEFENDANT . . DECREE IN DIVORCE . AND NOW'~ ~ . . DECREED THAT LUCY B. BARGER . . AND BRADFORD J. BARGER . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . , . . . ~J :L(rPA.~ f(() ~ IT IS ORDERED AND ~ , PLAINTIFF, , DEFENDANT, 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; (J~ . mmmm mmmmmm m m m m m m .. . . . . . . . . . . . . mmmmmm mmmm:f. m m . . . . . PROTHONOTARY --'- J. . . . . . . . . . , . . . . , , , , . , . . . , . . . . . . . , . . . . . . . . . . . . . . , . . . . . . . . . . . . . " ~ "I r, t! I: r: i; I" .w =" - j,-/(.tJl # //~/ 1- .. - "'-. f-- ~'" -~ ~ "~ -~ -.... '1>' '. }",:_-...\ " M-~_~~ 4~ ~~74~ ".. .' il'{" __e -' _ ~ ,~, ,_~ ,_~ _,_ " _~l _l!llU - !lll'jjfp.J!~i!1 . h_~'=~""""",,,""1' __~ '-~-~'"' "~-.....I,~. ~o~ =~ '1>1.jjllllimlj~~Olitfl"""h'" ~ , ..~'~~ ~"",I" -~I~~ ~iIIi~WiW~iilU"""""""'''',"~" Iltl!ilJf>J"*,ilIl,~j-.Wb- -, . MATRIMONIAL SETTLEMENT AGREEMENT THIS AGREEMENT, made thiS~~ of 53'~ '7'Lc.D1J- ~ (b.T. 2001, by and between BRADFORD J. BARGER, hereina referred to as "Husband" and LUCY B. BARGER, hereinafter referred to as "wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on September 20, 1975; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous, therefore, of entering into an agreement which will provide for their mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, Husband, after being properly advised by his attorney, Herschel Lock, and Wife, after being properly advised by her attorney, Jane M. Alexander, have come to the following agreement. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: - 1 - ~"" ~~ ~~ ~~"'" t1 ., .'<=.'-'" ~ . I ~ ' ~.I "1....1i ""~".. I "~.,jLllll_~'Illiil'jj~il,.j,d"~' I'i-"'~~'- T"~ >_f!;j':\, 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. WIFE'S DEBTS: 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 shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. - 2 - '-~"""""'""~<'~~;1l!<1'''''''.-...J' I~i ..iL_~_l~.~"'~ .'." ,-j ~~_~....J'__~ . ~'- -; ~~ .~ ~=~~i .J ~ ~"~~I~~i.-~,d,.ll'_ ~~ -'"'1J.!~r1li~ 4. HUSBAND'S DEBTS: 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 shall indemnify and save Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. MUTUAL RELEASE: Subject to the provisions of this Agreement each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980, its supplements and amendments. Subject to the provisions of this Agreement, each party has released, discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives their right to request marital counseling pursuant to the Divorce Code. - 3 - 'jo-~ _" _~.~~_ k ,.,. i. <_ ~"~. , , L~ 11";':_ 'JI.til~~"j,~..~~~ <~"-<J -~~~ " ~ ~1iimI1IIllI~_1i#l1ilj'.....~-<'_1~a<u'/i!11!-\11"- 6. DIVISION OF PERSONAL PROPERTY: The parties hereto hereby agree to evenly divide the marital portion of both Husband's 401(k) plan, pension and United State Savings Bond. They agree also to equally divide the marital portion of Wife's pension, if any she has. Additionally, Husband and Wife agree that wife shall become contemporaneously with the execution hereof the sole owner of their 2000 Honda automobile shall be solely responsible for the debt presently thereon (this to Allfirst Bank, its successors or assigns), shall indemnify Husband and hold him harmless for any liability therefore and shall fully payoff such debt within Five (5) days from receipt from Husband of the monies due her as a result of the division of marital assets as set forth in this document. Likewise, the parties agree the Husband shall become contemporaneously with the execution hereof the sole owner of the their 1984 Chevrolet truck and their 1990 Honda automobile. Also, Husband agrees to pay Wife contemporaneously with the execution hereof Two Hundred ($200) dollars for the dishwater presently in the marital home. Lastly, as far as all other items of personalty not specifically set forth heretofore, including but not limited to household furnishings, furniture and the like, the parties hereto agree that such items in the possession of either of them presently shall remain the sole and exclusive property of that one of them. - 4 - '..'.. ~ ~ "~-'-~1!IlIii... - ~ """""",'.'- - --~ -'- ~ ~ ~.d...............___~~ ~~ 7. DIVISION OF REAL PROPERTY: Husband and Wife agree that contemporaneously with the execution hereof Wife shall sign a deed transferring all of her right, title and interest in and to their marital home known and numbered as 1491 Lutztown Road, Boiling Springs, Pennsylvania to Husband. This deed shall be escrowed with wife's attorney, Jane M. Alexander, until Husband's settlement to refinance said property and his payment to wife of all monies due her as a result of their division of marital assets as set forth in this document. In no event, though, shall settlement and payment to her be later than ninety (90) days from the date hereof. At that time, Husband shall either payoff the mortgage presently thereon, this to Market Street Mortgage, or have Wife's name removed therefrom. 8. SON'S PROPERTY: Both parties agree that all of their son's toys and other personal property presently in the marital home are their son's property and shall be kept secure for him there. 9 . ALIMONY: Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either had or may now - 5 - ',,,,,,,"" "~ =~ .~ _"""".....~...._"~IJ"" _1_ _" ~~.......... - ~. 1 l'l!lO.......~. ~ , ~, -"""".iMiiiluHl~" i.j'=.& .. .^ ~_. ~. or hereafter have against the other for support, maintenance or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support or alimony. 10. ALIMONY PENDENTE LITE. COUNSEL FEES. AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties is fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. The provisions of this Agreement dealing with alimony, alimony pendente lite, counsel fees, spousal support and the like are intended by the parties to be in full and complete satisfaction of any statutory marital rights or obligations of the parties. 11. TAX RAMIFICATIONS: The parties have negotiated this Agreement with the - 6 - "-"IW....."'..lIlIItiul. .-,.._~" ,.:,.~.~".",""~.~i,iJ_I,..iM,' " ,.~..... _"'-_~,;,.j~~~~...Ih;,""',.,,;.;"" ~.M" ,.~~."'~ i%l, un~ersta~ding and intention to equally divide their marital property~ The parties have determined that such equal division conforms to all rights and just standards with regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. It is understood that the property transfer described in this Agreement falls within the provisions of Section 1041 or other applicable sections of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. 12. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. - 7 - ."~1lhJl,~!iO-'"'7~""-"'l" ,,~ ..1 ~ " - """"'iiiilllillllL ~ ~_... ~ ~> ""IIi ~- . ,~~ , -" - .-" ,,~-= 13. SUBSEOUENT DIVORCE: A Complaint in Divorce has been filed by Wife. Husband and Wife each agree to in a timely fashion sign an Affidavit of Consent and Waiver of Notice of Intent to File for Divorce, these to be filed in said divorce action. The parties further agree that each of them shall be responsible for their own attorney's fees, if any there be. In the event such divorce is concluded, Husband shall be entitled to receive a copy of the Decree In Divorce for the normal fee charged by the Prothonotary. The parties shall be bound by all the terms of this Agreement, which shall be incorporated by reference into the Divorce Decree, but, notwithstanding such incorporation, this Agreement shall not be merged in such Decree, but shall in all respects survive the same and be forever binding and conclusive upon the parties. 14. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her option, remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 15. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to -8 - -*'r;~lfill",,"",M" -~.. ,1!lIilt1"~' .. ~ ~~. u. , ~, J J <~ ~ - .. =... L.. I' ~~". "' ..."" ., , ~1iIlilli the other party any and all further instruments that may be required to give full force and effect to the provisions of this Agreement. 16. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 17. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or understandings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu - 9 - '-'==-<""""~"". '-~~' . . ... - ~. -_ "-'~"L~ of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property or for alimony, alimony pendente lite, counsel fees or costs by any court of competent jurisdiction pursuant to the Divorce Code or any other laws. Husband and wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 18. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 19. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 20. APPLICABLE LAW AND INTERPRETATION: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and for purposes of interpretation, shall be deemed to have been jointly drafted by the parties. - 10 - )'''''''''~..- ."~,- ~ ~, ~.~. ~. ."0< ~_ _, H '~~"': 21. 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 or provision shall be stricken from this Agreement arid in all other respects this Agreement shall be valid and continue in full force and operation. 22. 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. 23. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. 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 subsequent default of the same or similar nature. - 11 - , '~'i'"'.q"k''' j- "'.~ ~ " - . '"n ['II =J"'-'J'""""-..,. -~'J~~'~ ~- "-;v;~:' ,\:, IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: "I~ 0?0( ~~~ ~~.~'" LUCY . BARGER - 12 - ~i.1~.~"...I. - 10" -, ." '. ~ ..., ~ ."- ,_',i ,"", om;" AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) . COUNTY OF DAUPHIN ) SS: On this, the 15th day of January , 2001, before me, a Notary Public, the undersigned officer, personally appeared BRADFORD J. BARGER, known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. (!~ rttLur;bt!( Notary Public NOTAllAL SfAL CONNIE L PAHNES1'OCX, NaIaIy PuIlIc Hanlobu'll. Dl7JphIn CounIr ~ CoInmluIon &plreo ".", >>. 2Oll3 '"""~,, ~~, - .~."'~ ~ ~~ ,," ~, ,.;... 'UI.W...L........""'~.L..~~~,~ ~ j;;,,;; . . AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF LlU"!'l;l.ul~ ) . . ) SS: On this, the OlY4 day of 2001, before me, a Notary Public, the , officer, personally appeared LUCY B. BARGER, known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. jiLJ 2 dfrI. .g. ~ Notary Publ' Notarial Seal Halvard E. Alexander, Notary Public Dillsburg Boro, York County My Commission Expires April 23, 2001 Member, Penns\!Jl/ani:! Association of Notaries -"""'....~~'IW.IIl~~il!Mid"tN.!i'jl!Mililllllll~I~~.cli'lib."....Br,j:IW'Jiliit'jifMjI!ii!l(~,tl!l -~ .L:- . .......~"'1iljljl~" ~~~-' , .~ ~ . ~ (:) 0 ~ C <' " u'c,~, ~- ~-1 r:nfTI :~:)\9 ~~ Z::Q ;:~ U5~; N -,'":iCn tD -:,;10 -...~ -c._ ~~~ ~~ r"".'-- ~""j -U .- ,-.... :r -- "T1 7u Ql~ =0 Pc r:y cjrn Z j;! ~ .,.. W ~ ~.-'- . ""1,,1 !, : i i . "'- . .~, ... LUCY B. BARGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 00-5313" CIVIL TERM CML ACTION - LAW IN DIVORCE VS. BRADFORD J. BARGER, Defendant 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 (3301(c)) of the Divorce Code. 2. Date and manner of service of the complaint: was sent certified mail, restricted delivery to the Defendant 8/1/2000 and was delivered to the Defendant 8/3/2000. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent require by Section 3301(c) of the Divorce Code: by Plaintiff .January 24, 2001; by defendant .January 15, 2001. (b) (1) Date of execution of the plaintiff's affidavit required by Section 3301(d) of the Divorce Code: NLA.; (2) Date of service of the plaintiff's affidavit upon the defendant;~. 4. Related claims pending: All claims are settled and satisfied hy lIgreement dated .January 15, 2001 signed hy both parties. 5. Date and manner of 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)(I)(i) of the Divorce Code: NLA. 6. Date and manner of 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(c) of the Divorce Code NLA., or, date of execution of Waiver of Notice of Intent: by Plaintiff: .January 24, 2001; by defendant: .January 15, 2001 and date of filing of Waiver Plaintiff: .January 29. 2001, Defendant: 2 .titil:" ~.,,,,-,,' i> '" ,,;- .. ;;iIbililliliWiillilllil'M- '.c - ....:' ",':';ilmt ;~;; .<,~,,-, "" ',~ ,,)~,;-,,__;t'".;,/, "",;~,' ,,-. !~;",- ~ o_^~ ". _' ~ <cue'",V" h ", , e 0 0 -n s: c... -oOJ c: ::U '::)tg] ::z ''''rh I ZC ,~- ';"7 ~'~ f~\ ~:> :c:;CJ ". ~:L-H ~~ ::s: C)5 r:a ;::';rn 9 ~ &'" ~ t? w_~. " , LUCY B. BARGER, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNA. : Ciud-r .u.- VS. : NO. 0-0. !:3/3 : BRADFORD J. BARGER, CIVIL ACTION - LAW 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 irretriev- able breakdown of the marriage, you may request marriage counsel- ing. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPER- TY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 27 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 '~~',"-' -,,~~,~_.,- 'r."'_" '.-~.-~, >~"" ~_"'_-".~", ,"LJ., _. LUCY B. BARGER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNA. ~ Vs. : NO. BRADFORD J. BARGER, : CIVIL ACTION - LAW Defendant ~ IN CUSTODY NOTICIA USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se Ie avisa que si no se defiende, el caso puede p~oceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion reclamados por el demandant. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court house, One Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 27 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 , , LUCY B. BARGER, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMERLAND COUNTY, PENN. : C4,.;I .., ~ VS. : NO. 0-0. $313 : BRADFORD J. BARGER, : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301 (c) OF THE DIVORCE CODE COUNT AND NOW, this,~day of Plaintiff, Lucy B. , 2000, comes the M. Alexander, Esquire, and files this Complaint upon a cause of action of which the following is a statement. 1. Plaintiff is Lucy B. Barger, 44 years of age, who currently resides at 111 C Spruce Street, Shiremanstown, Cumberland County, Pennsylvania 17011. 2. Defendant is Bradford J. Barger, 45 years of age, who currently resides at 1491 Lutztown Road, Boiling Springs, Cumberland County, pennsylvania 17007. 3. Plaintiff and Defendant have both resided in the Commonwealth of Pennsylvania for at least six (6) months prior to the filing of the Complaint in Divorce. 4. The Plaintiff and Defendant were married on September 20, 1974 by Minister in Cumberland county, Pennsylvania. 5. The child born to the parties is no longer a minor. Page 1 of 3 " ,I ~~ 6. There were no prior actions in divorce or annulment ommenced by the parties. 7. The parties have not entered into a written agreement as o alimony, counsel fees, cost and property division. 8. The Plaintiff has been advised of the availability of ounseling and that the Plaintiff may have the right to request hat the Court require the parties to participate in counseling. 9. While the parties were domiciled within the Commonwealth Pennsylvania, and through no fault of Plaintiff, the innocent nd injured spouse, the Defendant, in violation of the marriage and the laws of the Commonwealth, has offered such indigni- ies to the person of the Plaintiff as to render his condition 'ntolerable and life burdensome. WHEREFORE, the Plaintiff prays your Honorable Court to enter Decree of Divorce from the bonds of matrimony. COUNT II 10. The allegations of Paragraph one (1) through nine (9) re incorporated herein by reference and made a part hereof. 11. The marriage is irretrievably broken. WHEREFORE, the Plaintiff prays your Honorable Court to enter Decree of Divorce from the bonds of matrimony. Page 2 of 3 Ii :1 Ii , ~ = ,..', ~--~- . , '~"~;;"-":,! COUNT III 12. The allegations of Paragraph one (1) through nine (9) nd Paragraphs ten (10) and eleven (11) are incorporated herein y reference and made a part hereof. 13. Plaintiff and Defendant have acquired property, both eal and personal during their marriage. 14. Plaintiff and Defendant have been unable to agree as to n equitable division of said property. WHEREFORE, Plaintiff requests your Honorable Court to quitably divide all marital property of whatsoever kind and heresoever situate and for such further relief as the Court may eem equitable and just. Respectfully Submitted, ander, Esquire the Plaintiff Attorney I. D. ~07355 148 S. Baltimore Street Dillsburg, PA 17014 Page 3 of 3 ii Ii , . VERIFICATION I verify that the statements made in this COMPLAINT are true nd correct. I understand that false statements herein are made Ubject to the penalties of 18 Pa. C.S. S4904 relating to unsworn alsification to authorities. 7-:2'1-cUtJO Ot~~ L~y -l. "Ba"rger OMMONWEALTH OF PENNSYLVANIA : 5.S. OUNTY OF CUMBERLAND : Before me, the undersigned officer, a Notary Public, in and or the said Commonwealth and County, personally appeared ucy B. Barger, who affirmed according to law, deposes and says hat the facts and matters set forth in the foregoing Complaint re truly and correct to the best of her knowledge, information nd belief. ;I~L3 ~ Lucy B. Barger ,L, Notarial Seal Halvard E" Aiexander, Notary Public Dillsburg Bora, York County My Commission Expires April 23, 2001 Member, Pennsylvania Association of Notaries II . ~, __, 'c~" , I ~ .; LUCY B. BARGER. : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBE~ COUNTY. PENNA. : 5 13 lIS. : NO. OO-~ CIVIL TERM ; .BRADFORD J. BARGER. : CIVIL ACTION - LAW DEFENDANT : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW. this ~4ay of t7~~, 2000 personally appeared Jane M. Alexander, Esquire, who swears according to law, that a true and correct copy of a COMPLAINT IN DIVORCE was caused, to be served by certified mail with return receipt requested upon the said, Bradford J. Barger 1491 Lutztown Road Boiling Springs, PA 17007 on August 1. 2000 by leaving the same at the Dillsburg Post Office with postage pre-paid thereon as evidenced by the mailing receipt and return receipt hereto attached and made a part hereof. subscribed before day of , 2000. , ..,.,.~~~.. Notarial Seal Halvard E. Alexander, Notary Public DillsbLlrg Bora, York County My Commi~sion Expires April 23, 2001 Member, Pennsylvania Association of Notaries II . .-T~'?I o . ...... " > c LUCY B. BARGER. ; IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY. PENNA. ; 'IS. ; NO. 00-5315 CIVIL TERM BRADFORD J. BARGER. CIVIL ACTION - LAW DEFENDANT ; IN DIVORCE Cl Postage $ l'- .J] ...D Certified Fee [J"" Return Receipt Fee Cl (Endorsement Required) CI Restricted Delivery Fee Cl (Endorsement Required) Total Postage & Fees $ o ru ~ :~B(D(itj)ra~:_:~P/e~e~ by ma~~:~~_~~.n.____.____n_______... [J"" Slrer;.A~I. No.; or PO Box No. g;; _______~_L_Lut_L.tnwn___ _____________________________"___" ["0- 01 Ie, +4 f- ",7 ~" " (\00 _.*k ' :"'" I also wish to receive the i I .,~tllfite it~ms 1 and/or .iNo~ additional services. . following seNices (for an In . Complete items 3, 4a, and 4b. '_' . G) . Print your name and address on the reverse of thiS form so that we can return thiS extra fee): If card to you. ~ . Attach this form to the front of the mailpiece, or on the back if space does not 1. 0 Addressee's Address e .1:~~lt~Retum Receipt Requested" on the mailpiece below the article number. 2. R Restricted' Delivery ! . The Return Receipt will show to whom the article was delivered and the date Consult postmas"ter for fee. '~ delivered. 5 4a. Article Number '"" ~ Q. E o " 3 AMI;.AB;;dfu~, 0,' fu~".,.,t\""., \ '\q \ Lu1 Z. mvvll ' '. . , 1.Soi \ I ~S~ri r& P .! \ lCDl ~ ~ .. Ul a ';; " .. D tJ71i ~ " 1ii 0:: OJ " ;; " .E " o ,., .. " ., .c: .,. 4b" Service Type o Registered o Express Mail o Return Receipt for Merchandise 7. Date of Delivery '6'- -0 d B. Addressee's Address (Only if requested and fee is paid) g Certified o Insured o COD j jj r } j i i 1~e&~ ~ipl II -- c.:iZ . "' . LUCY B. BARGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Pk '5~\3 NO. OO-~CIVIL TERM vs. BRADFORD J" BARGER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 31, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in the 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: 1-:J..4-01 ~./3~ Lucy B. arger Ii <,. . :"--" -',-.,;.-'-- . "'>-",,-'-, "-'-.-C-1.-> " - , LUCY B. BARGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. 5313 NO. OO-~CIVIL TERM vs. BRADFORD J. BARGER, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER CODE SECTION 3301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a fmal 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. Section 4904 relating to unsworn falsification to authorities. Date: 1- ~L/- D4 L~.8~ '~j, , .... , LUCY B. BARGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. 53/3 NO. OO~CIVIL TERM vs. BRADFORD J. BARGER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDA VTT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was f1!ed on July 31, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in the 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: iarM I ' 1,1 II - ...,'" , LUCY B. BARGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. vs. NO. 00-5315 CIVIL TERM BRADFORD J. BARGER, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER CODE SECTION 3301 (q 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 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 correcL I understand that false statements herein are made subject to the penalties of 18 Pa. CS. Section 4904 relating to unsworn falsification to authorities. Date: t//~/Ol "' - "-,~ ",,> -'.'''.''- , .-~ -----"- " -- '~",~, SOCIAL SECURITY INFORMATION SHEET PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1 (a) (3) ALL DIVORCES MUST INCLUDE THE PARTIES SOCIAL SECURITY NUMBER PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO TIlE PROTHONOTARY'S OFFICE DATE: / DOCKE 00-5315 Civil Term PLAINTIFF/PETITIONER SS# 208742~5046_ NAME: Lucy B. Barger DEFENDANT/RESPONDENT SS # 207-44-7293 NAME: Bradford J. Barger -- -, - o~ - ~.i . . LUCY B. BARGER, Plaintiff . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-503T5 S.31.3 vs. BRADFORD J. BARGER, Defendant : CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this ,~ day of ~ , 2001, the Court hereby approves and enters as an Order of this Court the Stipulation for Qualified Domestic ,Relations Order signed by the parties in the above referenced matter on the cH~"" day of ~ ' 2001. The parties are directed to comply with all the terms and conditions of the Stipulation. . J. aJl ts~~ >!j .~" . . 01 AUG -9 Pi'! 2: 03 CUMBEFllA,D COUNTY PENNSYLVANIA '1, > ~, ~~~~,~ ""'I""'~r. > ~ ~- LUCY B. BARGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. OO-~ ~(3 BRADFORD J. BARGER, Defendant CIVIL ACTION - LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this (7Yiday of ~~ ' 2001, based on the findings set forth below, IT IS ORD~ED, ADJUDGED AND DECREED: 1. The parties hereto intend for this Order to constitute a "Qualified Domestic Relations Order" as defined in Section 414(p) of the Internal Revenue Code of 1986, as amended. 2. This Order applies to the following qualified retirement plan: The PPG Industries Employee Savings plan (hereinafter referred to as "Plan"). 3. Employee Bradford J. Barger, (hereinafter referred to as ("Participant") is a Participant in the Plan and his Social Security number is 207-44-7293. 4. Alternate Payee Lucy B. Barger, (hereinafter referred to as "Alternate Payee") is the Participant's former wife and her Social Security number is 208-42-5046. 5. Participant's current mailing address is 1491 Lutztown Road, Boiling Springs, PA 17007. 6. Alternate Payee's date of birth is July 26, 1956 and her current mailing address is 233 W. Main Street, Apt. B, Mechanicsburg, PA 17055. "~~ c .-...., ~^""~ ~~. "" .,.it[; 7. A portion of the Participant's account in the Plan is marital property and subject to distribution by this Court. More specifically, soon as administratively possible after the Plan Administrator accepts this Order as a Qualified Domestic Relations Order, the sum of $86,035.25 is to be withdrawn from the Participant's account in the Plan for distribution to the Alternate Payee. 8. The non-taxable her portion of the Alternate Payee's distribution, if any, shall be paid directly to the Alternate Payee. The Alternate Payee has elected to exercise her rollover option as to the taxable portion of her distribution and wishes it transferred as a direct rollover into Alternate Payee's Individual Retirement Account, (Number 0208425046) at American Express Trust Company, 4661 Trindle Road, Camp Hill, PA 17011, c.o M. Papson. 9. The Alternate Payee resides in the Commonwealth of Pennsylvania and understands the Plan Administrator is not required to withhold state tax from the taxable portion of the Alternate Payee's distribution. 10. This Order does not require the Plan to provide any type or form of benefit, or option not otherwise provided under the Plan; or require the payment of any benefit to the Alternate Payee which is required to be paid to another alternate payee under another Order previously determined to be a QualifIed Domestic Relations Order; or require the Plan to provide increased benefits which result from future contributions to the Plan. Any provision of this Order which appears to be otherwise shall be null and void and have no effect. 11. In no event shall the Alternate Payee have any greater rights than those which are available to the Participant. '""' "" " . 12. The parties shall promptly submit this order to the Plan Administrator for determination of its status as a Qualified Domestic Relations Order. IT IS INTENDED that this Order shall qualify as a Qualified Domestic Relations Order as such is defined under Section 414(p) of the Internal Revenue Code of 1986, as amended. The Court retains jurisdiction to amend this Order as might be necessary from time to time to establish or maintain its status as a Qualified Domestic Relations Order. SO STIPULATED: ~6.1?J~ Alternate paye d~fir- Date: '1-~!o ~(j/ Date: 7~/1-0J l I... MiIIi..'"-O"" " ~ Ii '< .,,:,,-, ~".~ 1IIiIUiill~-' _ , ,~.."' ~~fl . . " [] Ce. "" - -off "'" [rj rr) c::: <-", G:> :?'( I r:':"":: G(J., -'-,rl', ::<:-. "-J - '1---, r-'F-:, . '-,~ ~ ~-'" -t.; '-[(::-' )>: 2(') :JL- .;:::)!-:~{ ~O l~ r::: ()rtr ",- ~ "- ~ r'J :5 -<C "'"