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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
DECREE IN
DIVORCE ,t ?1:aL fA
NOW'~ v'2.,. ~ , IT IS ORDERED AND
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STATE OF
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Dallas Ilarte:a.
Plaintiff
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VERSUS
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Ciady L.J3arten.
Defendut
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AND
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PENNA,
NO. 2000 - 5595 Civil 'rem
DECREED THAT
Dallas Barten.
, PLAINTIFF,
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AND
Cindy L. Barten
, DEFENDANT,
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ARE DIVORCED FROM THE BONDS OF MATRIMONY,
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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;
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PROTHONOTARY
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DALLAS BARTON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO, 2000 - 5595 CIVIL TERM
CINDY L. BARTON,
CIVIL ACTION - LAW
: IN DIVORCE
MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT, made this t9'/( day Of" ~ , 200.Q, by and
between, CINDY L. BARTON, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as
"WIFE", and DALLAS BARTON, of Carlisle,Cumberland County, Pennsylvania, hereinafter referred to as
"HUSBAND",
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on July 14, 1978, in Newville, Cumberland
County, Pennsylvania, and;
WHERAS, there was one child born of this marriage;
WHEREAS, differences, disputes, and difficulties have arisen between the parties and it is the
intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties
desire to settle their respective financial property rights and obligations as between each other, including
the settling of all matters between them relating to ownership and equitable distribution of real and
personal property; the settling of all matters between them relating to the past, present, and future
support, aliniony, and/or maintenance of Husband or Wife; and in general, the settling of any and all
possible claims by one against the other or against their respective estates;
NOW THEREFORE, Wife and Husband, each intending to be legally bound, hereby covenant
and agree as follows:
1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a full and
fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as
any other fact relating in any way to the subject matter of this agreement. These disclosures are part of
the consideration made by each party for entering into this agreement.
2. ADVICE OF COUNSEL. The Husband has employed and had the benefit or counsel of
Thomas Flower, Esquire, as his attorney, The Wife has employed and had the benefit or counsel of Jane
Adams, Esquire, as her attorney, Each party has carefully and completely read this agreement and has
been advised and is completely aware not only of its contents but of its legal effect.
3. SEPARATION, That the parties intend to maintain separate and permanent domiciles and to
live apart from each other, It is the intention and purpose of this agreement to set forth their respective
rights and duties while they continue to live apart from each other, Whereas a Complaint in Divorce was
filed, both parties will agree to a No.Fault Divorce after the applicable ninety (90) day time period has run,
The parties have attempted to divide their matrimonial property in a manner which conforms to a
just and right standard, with due regard to the rights of each party, It is the intention of the parties that
such division shall be final and forever determine their respective rights, . The division of existing marital
property is not intended by the parties to constitute in any way a sale or exchange of assets,
4. FREED.OM FROM INTERFERENCE. Further, the parties agree to continue living separately
and apart from each other at any place or places that he or she may select. Neither party shall harass,
annoy, injure, threaten, or interfere with the other party in any manner whatsoever, Each party may carry
on and engage in any employment, profession, business or other activity as he or she may deem
advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership,
enjoyment, or disposition of any property now owned and not specified herein or property hereafter
acquired by the other.
5. SUBSEQUENT DIVORCE. The parties hereby acknowledge that HUSBAND has filed a
Divorce Complaint in Cumberland County, claiming that the marriage is irretrievably broken under the no-
fault mutual consent provision of Section 3301 (c) of the Pennsylvania Divorce Code, WIFE hereby
expresses her agreement that the marriage is irretrievably broken and expresses her intent to execute any
and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to
Section 3301(c) of the Divorce Code, The parties hereby waive all rights to request Court Ordered
counseling under the Divorce Code, It is further specifically understood and agreed by the parties that the
provisions of this Agreement relating to equitable distribution of property of the parties are accepted by
each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania
Divorce Code,
Should a decree, judgment, or order of separation or divorce be obtained by either of the parties
in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this
Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and
that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter,
amend, or vary any term of this Agreement, whether or not either or both of the parties shall remarry (it
being understood by and between the parties hereto that this Agreement shall survive and shall not be
merged into any decree, judgment, or order of separation.) It is specifically agreed, however, that a copy
of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any
divorce, judgment, or decree, This incorporation, however, shall not be regarded as a merger, it being the
specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding
and conclusive upon the parties,
6. DATE OF EXECUTION. The "date of execution" or "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.
7. DISTRIBUTION DATE, The transfer of property, funds, and/or documents provided for herein
shall only take place on the "distribution date" which shall be defined as the date of execution of this
Agreement unless otherwise specified herein,
8. RELEASE OF ALL CLAIMS. HUSBAND and WIFE each do hereby mutually rem'lse; release,
quil-claim and forever discharge the other and the estate of the other, of and from any and all rights; tilles,
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, or whatever nature and wheresoever situate,
which she or he now has or at 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 of widow's or widower's
rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the
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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 the decease spouse's estate, whether arising under the laws of
Pennsylvania, any state, commonwealth, or territory of the United States, or any other country, or any
rights which Wife may have or at any time hereafter have for past, present or future support or
maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result
of any marital 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 thereof,
9. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants represents that
they have not contracted any debt or liability for the other or which the estate of the other party may be
responsible or liable, and except only for the rights arising out of this agreement, neither party will
hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be
liable, Each party agrees to indemnify or hold harmless from and against all future obligations of every
kind incurred by them, including those for necessities,
10. OUTSTANDING JOINT DEBTS.
(a) Wife agrees that the following debts are her own personal responsibility and therefore agrees
to completely and finally pay on the following debts and obligations,
Any and all debts incurred in her name alone,
(b) Husband agrees that the following debts are his own personal responsibility and therefore
agrees to completely and finally pay on the following debts and obligations:
1, The Fleet Platinum Visa Credit Card, Account #4305 5000 1203 xxxx, (formerly Mid
Penn Bank Visa Account #431304002001 xxxx) which as of March 20, 2000 had a
balance of $7016,75,
2, The CitiBank Platinum Select Credit Card, Account #5424 1801 7757 xxxx,
which, as of February 2000, had a balance of $8808,71,
3, The Mellon Bank business loan, which has a payoff balance of $1688.44, Account No,
419-400-6854,
Upon satisfaction of any credit card debts incurred on a joint account, Husband and/or Wife
agrees to permanently close such joint account and apply for a separate credit account.
11. DIVISION OF PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that
they will divide their tangible personal property according to the list provided in EXHIBIT A. Except as may
otherwise be provided in this Agreement, Wife agrees that all of the property of Husband or in his
possession shall be the sole and separate property of Husband; and Husband agrees that all of the
property of Wife or in her possession shall be the sole and separate property of Wife, The parties do
hereby specifically wavier, release, renounce, and forever abandon whatever claim, if any, he or she may
have with respect to the above items which shall become the sole and separate property of the other,
12. MOTOR VEHICLES and MISCELLANEOUS EQUIPMENT. With respect to the motor
vehicles, owned by one or,both of the parties, they agree as follows:
(a) The Chevy Blazer shall be and remain the sole and exclusive property of Wife,
(b) ,The Bucket truck, dump truck, chipper, salt spreader, boat, as well as any other tree trimming
equipment shall be and remain the sole and exclusive property of Husband,
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The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting
transfer as herein provided, on the date of execution of this Agreement, and said executed titles shall be
delivered to the proper parties on the distribution date, Each party agrees to be solely responsible for the
amounts presently due and owing against his or her respective automobiles,
13. MARITAL HOME. HUSBAND and WIFE hold title as Tenants by the Entireties to the
premises identified as 176 Wolfs Bridge Road, Carlisle, Middlesex Township, Pennsylvania, 17013. The
tax parcel no,of this property is 21.07-0467.004F, The parties agree as follows with respect to the marital
residence:
(a) On or with thirty (30) days of this agreement, WIFE shall deliver a warranty deed, conveying to
HUSBAND all of his right, title and interest in and to the marital residence, Thereafter, HUSBAND
shall be the sole owner of the marital residence and shall be permitted to record the deed and
take any other action with respect thereto that she deems appropriate, HUSBAND shall assume
all costs of transferring the Deed into HUSBAND's name, including filing fees with the Register of
Deeds,
(b) As of the date of separation, and without regard to when bills for such items are incurred,
received or due, HUSBAND shall be solely responsible for all past, present, and future costs or
liabilities associated with or attributable to maintaining the marital residence (except as prOVided
herein), including but not limited to, all real estate taxes, water and sewer rents, gas, electric, and
telephone service, homeowner's insurance, and gardening expenses and repairs, and HUSBAND
shall keep WIFE and his successors, assigns, heirs, executors, and administrators indemnified
and held harmless from any liability, cost or expense, inclUding attorney's fees, which are incurred
in connection with such maintenance, costs, and expense,
(c) There is presently an outstanding mortgage against the martial residence in favor of PNC
Mortgage, Loan No, 0096618764, There is also a second mortgage with First Union, No,
08300092516, Commencing on the date of this agreement, HUSBAND shall be solely
responsible for timely payments of all past, present, and future principal, interest and other fees
under the first and second mortgages with PNC and First Union Banks.
(d) Within thirty (30) days of this agreement, HUSBAND shall take all steps necessary to assume
the mortgages on the above.mentioned property and/or obtain new financing to assume all debt
on the martial home, HUSBAND shall assume all costs of such transfer.
14. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties agree to waive any and all
rights they have in and to each other's employment benefits, including but not limited to both parties
pensions and retirement plans, stocks, stock ownership plans, and Incentive Savings Plans except as
provided as follows:
WIFE has a retirement account with Hershey Foods, Inc, through her employment. HUSBAND
and WIFE agree that a Qualified Domestic Relations Order (QDRO) will be prepared which will transfer to
a separate account 50% of the total vested interest which was accrued through Hershey Foods, Inc,
through February 20, 2000 to an account in HUSBAND's name, This transfer will be arranged so that
HUSBAND will not incur any tax consequences as a result of this transfer and the transfer will qualify as a
transfer of a spousal interest. This transfer will not apply to or affect any stocks owned by WIFE,
15. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party hereby waives any
right to alimony pendente lite, and each party agrees to be responsible for his or her own legal fees and
expenses, The parties herein acknowledge that by this Agreement, they have respectively secured and
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maintained a substantial and adequate fund with which to provide for themselves sufficient financial
resources to provide for their comfort, maintenance, and support in the station of life to which they are
accustomed, Wife and HUsband do hereby waive, release, and give up any rights they may respectively
have against the other for alimony, support, or maintenance, It shall be from the execution of this
Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking
any support from the other party,
16. INCOME TAX RETURNS. Husband and wife represent to each other that to the best of their
knowledge all tax returns and other documents required to be filed with the Internal Revenue Service for
calendar years 1978 through 2000 have been filed and that no notices have been received from the
Internal Revenue Service which remain unresolved, Each party further represents to the other that to the
best of his or her knowledge, the information set forth in the joint tax return for these calendar years was
and remains accurate as relates to his or her sole income and acknowledges that the other party relied on
such representations in signing those returns, Therefore, if any deficiency in federal, state, or local
income taxes is proposed, or any assessment of any such tax is made against the other party by reason
of his or her having joined in the filing of joint federal, state or local income tax returns, Husband and Wife
shall indemnify and hold harmless the other against and from any and all tax, interest, penalty, or expense
relating from any such tax deficiency, including reasonable counsel and accounting fees, and such tax,
interest, and penalties or expenses shall be paid solely and entirely by the responsible party as
determined to be attributable to that party on account of misrepresentation or failure to disclose relevant
information of income on the aforesaid joint returns,
17. 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,
18. MUTUAL COOPERATION. Each party shall, at any time and 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.
19. APPLICABLE LAW. The Agreement shall be construed in accordance with the laws of the
Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement.
20. INTEGRATION. This Agreement constitutes the entire understanding of the parties and
supersedes any and all prior agreements or negotiations between them, There are no representations or
warranties other than those expressly set forth herein,
21. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith
execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other
writings as may be necessary or desirable for the proper effectuation of this Agreement.
22. NO WAIVER 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 default or breach of any provision hereof
by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be
construed as a waiver or s~rict performance of any other obligations herein,
23. 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
provisions shall be stricken from this Agreement; and in all other respects, this Agreement shall be valid
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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 avoid or alter the remaining obligations of the parties,
24. BREACH. If either party breaches any provisions of this agreement, the other party shall
have the right, at his or her election, to sue for damages for such breach, or seek other 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.
25. INFORMED AND VOLUNTARY EXECUTION, Each party to this agreement acknowledges
and declares that he or she is fully informed as to the facts relating to the subject matter of this
agreement, is entering into this agreement voluntarily, free from fraud, undue influence, coercion or
duress of any kind, has given careful thought to the making of this agreement, has carefully read each
provision of this agreement, and fully and completely understands each proviSion of this agreement.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year
first above written:
WITNESS: ~
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DALLAS BARTON, Plaintiff
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Date:
COMMONWEALTH OF PENNSYLVANIA )
):ss
COUNTY OF CUMBERLAND )
On this, the I CJ.~9Y of /Jp.-/ 17..... ~ , 2000, before me, the undersigned officer,
personally appeared DalilA ~ 73,;;;:;;';;:;:" known to me, (or satisfactorily proven) to be the
person whose name IS subscribed to the within instrument, and acknowledged that he/she executed the
,;ame for the purposes therein contained,
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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On this, the J:J,'f1.dfly f , 2000, before me, the undersigned officer,
personally appeared known to me, (or satisfactorily proven) to be the
person whose name is subsc d to the within instrument, and acknowledged that he/she executed the
same for the purposes therein contained,
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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My commission expires:
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EXHIBIT A
The following is a detailed Itemized list of items Dallas will retain
upon resuming possession of the marital home:
Household items
Living room:
Television
Stereo
Satellite dish and receiver
Sofa, loveseat, recliner
Coffee table, end tabl~
Est Value
$800
$500
$400
$1,000
$200
Bedrooms
Dressers
Beds (2)
computer stand
TV's (3)
Desk
$250
$100
$50
$150
$50
Kitchen
antique buffet
antique china closet
refrigerator
microwave and stand
small tv
kitchen accessories
(plates, glasses, flatware, etc)
$200
$200
$800
$200
$25
$200
Basement
woodburner
washer I dryer
freezer
$1,000
$300
$100
Deck
gas grill
wooden deck furniture
patio table wI umbrella and
deck chairs
$100
$50
$100
Total $6,775
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Miscellaneous
CB antennae
CB radio
Toolbox, tools
Rifles
Fishing Rods
Albums
Indian artwork, headdress
Boat (17 ft, Bassboat)
4 wheeler
Dickens Village
Snow blower
Trailer
Wagon (at! for riding mower)
Bike Rack
Grass Seed spreader
Welder
Riding Lawnmowers
Camping gear
Canoe
Motorcycles
trampoline
Est Value
$100
$100
$1,000
$200
$50
$100
$150
$1,000
$500
$1,400
$600
$100
$50
$150
$20
$150
$500
$400
$100
$300
$100
Total $7,070
The following is a list of items that Cindy will be removing from the
marital home upon her departure,
Kitchen Table and Chairs
Bed
Computer and desk
Christmas decorations
Vacuum Cleaner
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$1,000
$30
$500
$50
$200
Total $1,780
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DALLAS BARTON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL V ANlA
v.
: NO, 2000 - 5595 CIVIL TERM
CINDY 1. BARTON,
: 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 ~3301(c) of the Divorce Code,
2, Date and manner of the service of the Complaint: *~ -Q.X ~
a~C-e-4~yVlGe ~ O>>-'~/~ ~OOO.
3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code:
By Plaintiff: December 19, 2000
By Defendant: December 19, 2000
4, Related claims pending: None.
5. Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the
Prothonotary: December 19,2000.
Respectfully Submitted:
Date);:2 ~/9- 00
ane Adams, Esquire
I.D. No, 79465
117 South Hanover St.
Carlisle, Pa, 17013
(717) 245-8508
Attorney for Defendant
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
, /
: NO, 2000- OV. S'S'95 CIVIL TERM
DALLAS BARTON,
v,
CINDY L. BARTON,
Defendant
: CIVIL ACTION . LAW
: IN DIVORCE
NOTICE
You have been sued in court, If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you and a decree of divorce or annulment may be entered against you by the
Court, A judgment may also be entered against you for any other claim or relief requested in these
papers by the Plaintiff. You may lose money or property or other rights important to you, including
custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling, A list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Court House, High and Hanover Street, Carlisle,
Pennsylvania,
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM,
YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO
NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249.3166
SAIDIS, SHUFF, FLOWER & LINDSAY
Date: ~~ 1\/2000
BY:~~
Thomas E. Flower, Esquire
Supreme Court ill # 83993
2109 Market Street
Carnp Hill, PA 17011
(717) 737-3405
Counsel for Plaintiff
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DALLAS BARTON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v,
: NO, 2000. rro -'i{'9 {'
CIVIL TERM
CINDY L. BARTON,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
COMPLAINT
1. Plaintiff is Dallas Barton, who currently resides at 65 Gasoline Alley, Carlisle,
Cumberland County, Pennsylvania,
2, Defendant is Cindy L. Barton, who currently resides at 176 Wolfs Bridge Road, Carlisle,
Cumberland County, Pennsylvania,
3, Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least
six months immediately previous to the filing of this Complaint.
4, The Plaintiff and Defendant were married on July 14, 1978 in Newville, Cumberland
County, Pennsylvania,
5, There have been no prior actions of divorce or for annulment between the parties.
6, The Plaintiff has been advised of the availability of marriage counseling and the
Plaintiff may have the right to request that the Court require the parties to participate in counseling,
Having been so advised Plaintiff does not desire the Court to order counseling,
7, The marriage is irretrievably broken,
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WHEREFORE, Plaintiff requests Your Honorable Court to enter a decree in divorce.
Respectfully submitted,
SAlOIS, SHUFF, FLOWER & LINDSAY
Date: ~J II(Woo
BY:~ GlVU# ~
Thomas E. Flower, Esquire
Supreme Court ID # 83993
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Counsel for Plaintiff
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AFFIDAVIT
I, Dallas Barton, being duly sworn according to law, depose and say:
(1) 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.
(2) I understand that the court maintains a list of marriage counselors in the Prothonotary's
Office, which list is available to me upon request.
(3) 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,
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,
Dated: 15 - L( - 0 I)
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VERIFICATION
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa, C,S, Section 4904, relating to
unsworn falsification to authorities.
Dated: ~ '\1-00>
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Dallas Barton, Plaintiff
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DALLAS BARTON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO, 2000- tJ 5' q tJ
CIVIL lERM
CINDY L. BARTON,
Defendant
: CIVIL ACTION . LAW
: IN DIVORCE
ACCEPTANCE OF SERVICE
I, Cindy L. Barton, hereby accept service of the Complaint in Divorce filed in the above.
captioned case,
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Date: August J 5 ,2000
By ~l~
Cindy L. Bart n
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DALLAS BARTON,
v,
NO, 2000 - 5595 CNlL TERM
CINDY L. BARTON,
CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1, A complaint in divorce under section 3301 (cl of the Divorce Code was filed on August 14, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the
date of the filing of the Complaint.
3. I consent to the entry of a final decree of divorce,
4, I understand that I may lose my rights concerning alimony, division of property, lawyer's fees, or
expenses, if I do not claim them before a divorce is granted,
I understand that the statements made in this affidavit are true and correct. I also understand that false
statements therein are made subject to the penalties of 18 Pa.C,S, 4904, relating to unsworn falsification to
authorities,
Date: f;). - /9 -- ~ 0
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Dallas Barton, Plaintiff
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER 63301/cl OF THE DIVORCE CODE
1, I consent to 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: () ~/Q-OO /JJ4rff~'
c:T- -f. Dallas Barton, Plaintiff
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DALLAS BARTON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO, 2000 - 5595 CIVIL TERM
CINDY L BARTON,
CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1, A complaint in divorce under section 3301(c) of the Divorce Code was filed on August 14, 2000.
2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the
date of the filing of the Complaint.
3. I consent to the entry of a final decree of divorce,
4, I understand that I may lose my rights concerning alimony, division of property, lawyer's fees, or
expenses, if I do not claim them before a divorce is granted,
I understand that the statements made in this affidavit are true and correct. I also understand that false
statements therein are made subject to the penalties of 18 Pa,C,S, 4904, relating to unsworn falsification to
authorities,
Date: /d-. -/q - 0 ()
(It 4~
Cindy L. B~' Defendant
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER 633011cl OF THE DIVORCE CODE
1, I consent to 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,
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Date: {d- -/ r~ 00
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 2000 - 5595 CIVIL TERM
DALLAS BARTON,
Plaintiff
CINDY L. BARTON,
Defendant
CIVIL ACTION - LAW
: IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
THIS CAUSE came upon the terms of the final Judgment of Dissolution of Marriage
entered between the parties requiring a division of marital assets and pursuant to the terms of
the said Final Judgment, the following Domestic Relations Order is entered, and it is Ordered as
follows:
1, This Order is intended to be a "Qualified Domestic Relations Order" within the
meaning of Section 414(p) ofthe Internal Revenue Code of 1986 as amended.
2, The participant is the Defendant, Cindy Barton, whose social security number is 202-
, T,-"lIt.t L.., M<tr'{~",lIe f' If 170~ 3
50-4742, and whose known mailing address is-2027 GreeR Street, Harrisbtlrg, ra, 17102,
3, The alternate payee is the Petitioner, Dallas Barton, whose social security number is
r7l8 (...",~!;-t, F4ye1teville Al.C.J.Uo/
238-90-6003, and whose last known mailing address is 176 'Nelfe's Ek-iel!:le Read, Carli,>''', Pa,
17918,
4, The Plan to which this Order applies is the Hershey Foods Corporation Retirement
Plan (''The Retirement Plan"). This Order DOES NOT apply to the Employee Savings Stock
Investment and Ownership Plan (the "ESS'IOP"), The Administrator of both plans is Hershey
Foods Corporation Executive Committee, 100 Crystal A Drive, Hershey, Pa, 17013,
5. Participant's vested interest in the Retirement Plan as of March 1, 2000 was
$49,429,53, The Alternate Payee is hereby assigned from this vested interest of the Participant
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in the Retirement Plan a separate vested interest of 50% of such amount, or $24,714,77 This
assignment shall be effective as of December 22, 2000 and shall include any dividends,
interest, or other investment experience credited with respect to such assets after said effective
date,
6, Within a reasonable period after receipt of this Order, the Plan Administrator shall
,
determine whether this Order is a Qualified Domestic Relations Order and shall notify the
Participant and the Alternate Payee of such determination, Within a reasonable time after the
Plan Administrator has determined that this Order is a Qualified Domestic Relations Order, the
Plan Administrator shall take all such actions as are required to transfer from the Retirement
Plan Account of the Participant to a separate account in the Retirement Plan for the benefit of
the Alternate Payee, the cash, in the amounts specified in Paragraph 5, together with all
interest, dividends, or other investment experience with respect to said cash from the effective
date specified in Paragraphs 5 or 6 to the date of such transfer,
7. The Retirement Plan shall hold and administer the Alternate Payee's account
pursuant to their terms and the provisions of the Code and ERISA.
8, The Plan accounts of the Participant and the Alternate Payee shall be separate
accounts, and the Plan shall not permit any election by either the Participant or the Alternate
Payee to have any effect on the other's Plan account.
9, In the event of the death of the Participant prior to the payment in full or his/her
separate Retirement Plan, the Alternate Payee shall not be deemed the surviving spouse of
such Participant and vice versa,
10. The Alternate Payee shall be entitled to the distribution of the Alternate Payee's
separate account upon the earliest of the following events concerning the Participant:
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separation from employment under the terms of the Retirement Plan, as applicable; attainment
of the age of 55 years; death or other such reason as would permit Participant to withdraw
his/her account under the terms of the Retirement Plan, The distribution shall be made only
upon the Plan Administrator's receipt of the Alternate Payee's written request for distribution at
the time of such event or subsequently thereto,
11. The Alternate Payee shall keep the Plan Administrator informed of his or her current
mailing address and shall provide proof of age and other information and forms as the
Retirement Plan shall require,
12, The Assignment herein contemplated by the Participant to the Alternate Payee of
the benefits from the Participant's Qualified Retirement Plan constitutes an equitable
distribution of the marital assets of the parties as divided by the Final Judgment of Dissolution
or Marriage between the parties,
ORDER~ and D~
~ day of
in Ch mbers, t Carlisle, Cumberland County, Pennsylvania,
, 200~ ·
this
AGREED AND ACCEPTED:
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Dallas Barton, Alternate Payee
Date: //-/8r:;:L
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Thomas Flower, Esquire
2109 Market St.
Camp Hill, Pa, 17011
(717) 737-3405
ALTERNATE PAYEE'S ATTORNEY
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(717) 245-8508
PARTICIPANTS ATTORNEY
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