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HomeMy WebLinkAbout01-107 FX " ;/;'l';liili ;f. . . .. .. . . . . 'I;'li+:'li ;+: i:l; +:Ii 'l' 'I' '" 'l' iI: 'to 'fi . . . . + 'I' 'l' Of' +. 'to +: +. 'l' +: +. '+i,ji +: + . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DECREE IN DIVORCE ~m:~' . . . . . STATE OF JESSICA ANN BARNHART, Plaintiff VERSUS . . . CHAD EUGENE BARNHART, . . Defendant . . AND NOW, . DECREED THAT . . AND . PENNA. No. 2001-107 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE J'S~tf~f 2001 , IT IS ORDERED AND , PLAINTIFF, CHAD EUGENE BARNHART , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY, . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE i :'; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . . . . . . . The Marriage Settlement Agreement dated June 26, 2001 and signed by the . parties is hereby incorporated into this Decree, but not merged. . . . . . .. '1'++ +: '+'+: PROTHONOTARY . . . . +: ~+++~+:+ ++: +. +: , . + +: T +: +: ;f. '+ + of' +: . . . . . . . . . . . . . . . . . . . . . . . . <. . . . . . . . . . . . . . . . . . . . . . . . . . . . . J,. . . . . . . . . . . . , i JESSICA ANN BARNHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001-107 CIVIL TERt'Vl CH..>\.D EUGENE BARNHART, Defendant 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: I. Ground for Divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon counsel for the defendant, Michael J. Hanft, Esquire, on January 9, 2001, and in evidenced by the Acceptance of Service signed by him and filed on January 10, 2001. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff: June 26, 2001; by defendant: June 26, 200 I. (b)(l) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (b)(2) Date of flling and service of the plaintiff's affidavit upon the defendant: 4. Related claims peuding: NONE. 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 Section 3301(c) Divorce was filed with the Prothonotary: June 28, 20q 1. D. SCHWARTZ, ESQUIRE Attorney for Plaintiff Date defendant's Waiver of Notice in Prothonotary: June 28, 200 I. - C) -- g. Q-~ ~ -, .~.~ ~- ~:1 ;f '" - , . ;:'"5 ::J~ " :':!.e:' c:.: . t:.- >~ r-~ c ;~ '--' -- c::.) [0 ~. ("-j ~d :z ~~\ ,~ z '.:U eLl .- -~ ,,J] "- - ::2: ,. ::;J 0 0 0 ~ '~ . SOCIAL SECURITY INFORMATION SHEET PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1 (a) (3) ALL DIVORCES MUST INCLUDE THE PARTIES SOCIAL SECURlTY NUMBER PLEASE FILL IN THE APPROPRlATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE DATE: June 28, 2001 DOCKET NUMBER: 2001-107 CIVIL TERM PLAINTIFF~SS# 236-15-4704 NAME: JESSICA ANN BARNHART DEFENDANT~ SS # 162-68-4272 NAME: CHilD . EUGENE BARNHART . ,-" " ., JESSICA ANN BARNHART, Plain tiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001- 107 CIVIL TERM CHAD EUGENE BARNHART, Defendant 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 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 THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 Al"VlERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. JESSICA ANN BARNHART, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001- /07 CIVIL TERM CHAD EUGENE BARNHART, Defendant IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c) OF THE DIVORCE CODE NOW comes the plaintiff, Jessica Ann Barnhart, by her attorney, Mark D. Schwartz, Esquire, and files this complaint in divorce against the defendant, Chad Eugene Barnhart, representing as follows: 1. The plaintiff is Jessica Ann Barnhart, an adult individual residing at 10 Independence Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The defendant is Chad Eugene Barnhart, an adult individual residing at 14 North Morris Street, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on November 30, 1996 in Shippensburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. There was one child born to this marriage, namely, Brady Eugene Barnhart, born June 12, 1995, age five (5) years. 7. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 8. The plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. By: Respectfully submitted, i:t:r;:z Mark D. Schwartz, Esquire, Attorney for Plaintiff, Jessica Ann Barnhart West Pomfret Professional Bnilding 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I.D. No. 70216 Date: January 4, 2001 " VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel and me in the preparation of this action. I have read the statements made in this Complaint and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. f/lJl/{lfl {J/ f11V~/ JESSICA ANN BARNHART Date: January 4, 2001 JESSICA ANN BARNHART, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001- CIVIL TERM CHAD EUGENE BARNHART, Defendant IN DIVORCE .. . CERTIFICATE OF SERVICE I, Mark D. Schwartz, Esquire, do hereby certify that I have served a true and correct copy of the foregoing Complaint in Divorce upon counsel for the Defendant by placing it in the United States Mail, first class postage prepaid in Carlisle, Pennsylvania 17013, upon the following: Michael J. Hanft, Esquire Law Office of Michael J. Hanft 19 Brookwood Avenue Carlisle, PA 17013 By: ! ark D. Scliwartz, Esquire Attorney for Petitioner, Jessica Ann Barnhart Date: January 5,2001 ?V-o ~D ~ \:L_.:r- :fr ~ ~ .:tl= . - V\ Lv ot; - ~ -..c P ~~ 3 CD r:> ::::s- E. c 70 -I-- ('oJ ~ " s ~t, ~~~ I?t5 ~~:M Pc:: ~ c. '.-.) -:~ ~ t;; ~~ .~ . r-7d ~~; E:l ~~~~~ -~:~ f"-' L.~h-J ~ ::n -< u, ~. -- ~\.. r- o. ~ , t ;:7 '. -... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JESSICA ANN BARNHART, Plaintiff CNIL ACTION--LA W vs, NO. 2001-107 CNIL TERjVI CHAD EUGENE BARNHART Defendant IN DNORCE ACCEPTANCE OF SERVICE I, Michael J. Hanft, Esquire, accept service of the Complaint in Divorce Pursuant to Section 3301(c) of the Divorce Code in the above-captioned matter on behalf of my client, Chad Eugene Barnhart, and I certif'y that I am authorized to do so. LAW OFFICE OF MICHAEL J, HANFT Date: 1/1/0/ ~1J#r Michael J. Han ,Esq ire Attorney ill No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorney for Defendant "".,., (~~"., v' F:\Uscr Folder\Firrn Docs\Gendocs2001\1984-1acccptance.sclVice.wpd >- rr.: ~ ;- ~ ~'-~ ~-< ~!~ u: ~J- 1_,- ,0 c::: })l~ ~.:: >- j....- z ;;.j~ -)-.- ~~:~ :~~ j~~5~ ~~ 5 C> C) .o.~ ,:::;..: CJ ~ .. . '- ... JESSICA ANN BARNHART, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CNIL ACTION - LAW 2001-107 CIVIL TERM CHAD EUGENE BARNHART, Defendant IN DNORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 5,2001. 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 in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: June 210 ,2001 fAAJ"r/l f1h~ JESSICA ANN BARNHART s; ~ ,-' ,"J ,- 2fj;{ ,~. ~j ..<--> u_ (:) co ~: ,- Z ::)<1' SJz :..J-d"~- .~~ ,~~ ,.J..J~- Q]H:: is (.) ~ ':0 -- Cl- ro (~ ~3 --, o .. JESSICA ANN BARNHART, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001-107 CIVIL TERM CHAD EUGENE BARNHART, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ,.. ~<-/>a3&~~ JESSICA ANN BARNHART Plaintiff Date: June }...( f} , 2001 {"",1> ~~ )0- m ~ or; ~ ;:~,: L ("- ~~ ::: ". " C5 ~<..:. .- ~~::2:.: 1-'- :.~-' 2.:: -- :;:q~ ':t:: ':J:::l ,-'. ..,~ ,,~ ',/ CD ~~~ \:.O~~ ('oJ w...,..e.- 5 L...L..ittJ 1...:.. ill a.. "J ~ u" => 0 Ci (.) , JESSICA ANN BARNHART, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001-107 CIVIL TERM CHAD EUGENE BARNHART, Defendant IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 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. . I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: June ?i.J;, 2001 (Lvu~ d&A/~ rf JESSICA ANN BARNHART ..- (.:,~ ,- i;~ ' ........; !::; ;,~-, j~~ >- I~; ,~,,';"'-' --;--, H-- '-' o co C"\J u: f;: ~_.. -':.~ .~<..... Cil~ ,~ 'S":Ji1 '---,--- ;ilj-~ :~hF1 s~- ~ U ~ /-::: m f;."",' --, ~ JESSICA ANN BARNHART, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW 2001-107 CIVIL TERM CHAD EUGENE BARNHART, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 5, 2001. 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 in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: June 6{(; ,2001 ". ~~J CHAD EUG B.~iNHART C>- r,-:::: ::Z"( u";~ "':',) ;:=; '~~-~ ,~- '.~---, '- ~S3 ,....J -" ~ ~..,... ~-~ ~::)~ .-',::::.J :~~ nilJ :')0- :2' =:> o c;:-, C"....: ....~ ~~~ c. , , ~'O-~~__'" >~ . , . JESSICA ANN BARNHART, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001-107 CIVIL TERM CHAD EUGENE BARNHART, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: June &{(P , 2001 ~-'"~ p# CHAD EUG B ~. Defendant >- ~ :JJ~ c..:';.:-~ 1-.. (,3 0J ..:J c z ~~ ~:i :s~ .y.--,.... ,._-"'- ,.,UUj c.uc~ "'-;;: :5 u (.2._ ~, '__1 ~~ ':::.~ -. -. ~ . . . , ~, .., - JESSICA ANN BARNHART, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001-107 CIVIL TERM CHAD EUGENE BARNHART, Defendant IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFlDA VIT The defendant, being duly sworn according to law, deposes and says: 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. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: June 61tp ,2001 &t:.~~ -- 1;; ~ ,-', LL' ;;:,- ~(~, C,;,:i~;_ e~' --' ,-~~ Li ;:::,- LL C\ ':-..~ C ~: ;~.< '----'=.. ",,2 .~~ -:-dZ ~~ ~ o ~-!.- ~, .;;>"" --, o . ~ r.., Jj "f'" , . , 0: MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this 2.." nf- day of -:JvtvE ,2001, by and between JESSICA A. BARNHART (hereinafter referred to as "WIFE") and CHAD E. BARNHART (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on November 30,1996, and separated on or about December 27, 2000, and WHEREAS, diverse, unhappy 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 hereto are desirous of settling fully and fmally their respective financial and property rights and obligations as between each other, including, without limitation by specification; the settling of all matters between them relating to'the ownership and equitable distribution of real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. The parties hereto agree and covenant as follows: , ., , '- 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. 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 intent of the parties that such division shall be fmal and shall 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. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, injure, threaten or interfere with the other party in any matter 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. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. Page 2 i 'j .. r: The adequacy of the consideration for aU agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: (a) is represented by counsel of his or her own choosing (Mark D. Schwartz, Esquire, for WIFE, and Michael J. Hanft, Esquire, for HUSBAND); (b) is fully and completely informed of the facts relating to the subject matter of this Agreement and ofthe rights and liabilities of the parties; (c) enters into this Agreement voluntarily after receiving the advice of counsel; (d) has given careful and mature thought to the making of this Agreement; (e) has carefully read each provision of this Agreement; and (f) fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 330l(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due 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, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. Page 3 0< , .. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 7. REAL EST ATE: WIFE agrees to waive and transfer all right, title and interest which she may have in the real estate situate at 10 Independence Drive, Shippensburg, Pennsylvania, in favor of HUSBAND and releases all claims which she may have regarding said real estate. HUSBAND agrees to assume all liability for and hold harmless and indemnify WIFE against the mortgage and home equity loans currently against said residence and agrees to be solely responsible for the payments associated with said mortgage and home equity loans. HUSBAND further agrees to have WIFE's name removed from any mortgages or loans against this property. HUSBAND will apply for a refinance of said loans on the marital residence no later than May I, 2002. In the event that WIFE'S name is not removed from the mortgage and home equity loan and any other encumbrance against the property within one (I) year from the date of this agreement, HUSBAND agrees to immediately list the property for sale with a reputable licensed full time real estate agent and at a purchase price which is agreeable to both parties. Further, Page 4 .- HUSBAND covenants and agrees to maintain the property in a condition which would effectuate the sale of the property as soon as practically possible. HUSBAND further agrees to be solely responsible for any tax liens against the property and for payment of all insurance and real estate taxes on both current and delinquent and hold WIFE harmless from any obligations for said taxes and indemnifY her if any claim is made against her. 8. SUPPORT: The parties herein acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance, and support in the station of life in which they are accustomed. HUSBAND and WIFE do hereby waive, release and give up any rights they may respectively have against the other for spousal support, alimony pendente lite or maintenance. HUSBAND and WIFE specifically waive, release and give up any rights for alimony that they may be entitled to pursuant to Chapter 37 of the Pennsylvania Domestic Relations Code. 9. PERSONAL PROPERTY: The parties shall retain sole and exclusive right, title and possession of all personal property currently in their possession as of the date of this Agreement. Except as provided for herein, HUSBAND shall make no claim whatsoever for any personal property in WIFE's possession. Additionally, except as provided for herein, WIFE shall make no claim whatsoever for any personal property in HUSBAND's possession. Should it be necessary for either party to execute any documents to convey title to any such personal property in the other party's possession, they shall do so within thirty (30) days of the execution of this Agreement or within thirty (30) days of the request from the opposing party. Page.5 . . . The parties agree to equally divide their pictures of Brady as of the date of this Agreement, or in the alternative to share in the costs of reproducing any pictures of Brady as of the date of this Agreement which is in the possession of one party and the other party desires a copy. This includes but is not limited to baby pictures, and sports pictures of Brady. The parties agree to equally divide trophies and/or plaques earned by or given to Brady as a result of his involvement in sports or extra curricular activities. 10. AUTOMOBILES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in the possession of the other party. Within thirty (30) days of the date of execution of this document, each party shall execute the necessary documents to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. It is the intention of the parties that the Chevrolet Cavalier shall be transferred solely to WIFE. WIFE shall hold HUSBAND harmless for any and all liability associated with the use and purchase of any vehicle she may now or in the future own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. HUSBAND shall hold WIFE harmless for any and all liability associated with the use and purchase of any vehicle he may now or in the future own, and shall be solely responsible for all insurance and other financial responsibility, including but not limited to the remaining lease payments, associated with any vehicle including but not limited to the Jeep Cherokee. Page 6 , 11. MARITAL DEBTS AND BANKRUPTCY: It is further mutually agreed by and between the parties that WIFE shall assume all liability for and pay and indemnify the HUSBAND against all debts incurred by WIFE after the date of separation. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and save HUSBAND hannless from any and all claims or demands made against him by reason of debts or obligations incurred by her. HUSBAND shall assume all liability for and pay and indemnify the WIFE against all debts incurred by HUSBAND after the date of separation. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBA.ND further represents and warrants to WIFE that he will not COntract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. The parties also specifically agree that the payments called for in this Agreement are not intended to be a debt which is affected by a discharge in bankruptcy. They further specifically intend that HUSBAND's obligations under the terms of this Agreement shall not be subject to discharge in bankruptcy because they acknowledge that such are necessary for WIFE to meet her financial obligations and to support and maintain her standard of living. HUSBAND represents that there are no bankruptcy Page 7 " proceedings presently pending in which he is involved. HUSBAND expressly agrees not to file a bankruptcy action prior to the completion of his obligations pursuant to this paragraph. This debt shall not be discharged in a bankruptcy action filed by or on behalf of HUSBAND. If HUSBAND files for bankruptcy, this Agreement shall constitute conclusive evidence of the parties' intent that the obligations of this paragraph are in the nature of maintenance and are not dischargeable under current bankruptcy law or under any amendment thereto. Further, if HUSBAND institutes any action in bankruptcy or any other bankruptcy proceeding is instituted in which WIFE'S right to there monthly payments becomes a matter for judicial review, HUSBAND agrees to consent to any motion filed by WIFE with the bankruptcy courts, wherein she may request that the bankruptcy courts abstain from deciding the dischargeability of this obligation and any other obligations to her hereunder in order to allow the appropriate Court of Common Pleas to rule upon this issue. The parties agree that WIFE will be responsible for payment of and agrees to indelIll1ify and hold harmless HUSBAND from the following marital debts: 1. Citifinancialloan; 2. Loan from WIFE's parents; WIFE agrees to refmance Citifinancialloan into her name within ten (10) days of the signing of this Agreement. The parties agree that HUSBAND will be responsible for payment of and agrees to indemnify and hold harmless WIFE from the following marital debts: 1. Discover Card; 2. Patriot Loan; Page 8 HUSBAND agrees to refinance Discover Card and Patriot Loan into his name within five (5) days of the signing of this Agreement. Each party shall indemnify and hold harmless the other with respect to any of the obligations stated above for which the other party is not responsible. 12. EOUITABLE DISTRIBUTION: The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following consideration: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and need for each of the parties; the contribution of one party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including, but not limited to medical, retirement, insurance or other benefits; the contribution of dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living ofthe parties established during their marriage. 13. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE waives all right, title and claim to HUSBAND's employee benefits, and HUSBAND waives all right, title, and claim to any of WIFE'S employee benefits. Page 9 . HUSBAND agrees to take any and all action necessary and to cooperate, within thirty (30) days from the date of this Agreement, in the removal of his name as a beneficiary or owner from any and all pension, profit sharing or other retirement accounts which WIFE may currently possess. Similarly, WIFE agrees to take any and all action necessary and to cooperate, within thirty (30) days from the date of this Agreement, in the removal of her name as a beneficiary or owner from any and all pension, profit sharing or other retirement accounts which HUSBAND may currently possess. 14. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest whi9h she may have in the savings or checking or any other bank accounts of the HUSBAND not otherwise provided for herein. HUSBAND agrees to waive all right, title and interest which he may have in the savings or checking or any other bank accounts of WIFE not otherwise provided for herein. HUSBAND agrees to cooperate in closing or removing WIFE'S name from any and all joint accounts held and any financial institution within fifteen (15) days of the execution of this Agreement. Similarly, WIFE agrees to cooperate in closing or removing HUSBAND'S name from any and all joint accounts held and any financial institution within fifteen (15) days of the execution of this Agreement. l5. INCOME TAX EXEMPTIONS FOR CHILDREN: The parties agree that WIFE will claim Brady E. Barnhart on odd tax years and HUSBAND will claim Brady E. Barnhart on even tax years to begin in the tax year 2001. The parties mutually agree to keep the year 2000 tax refunds which they have received. However, if HUSBAND receives or has received in excess of a $2,300 refund, the parties agree that any excess will be split 50/50 between the parties, The Page 10 - , parties further agree that each will provide copies of their year 2000 tax return to the other within thirty (30) days of the date of this agreement. 16. DIVORCE: The parties both agree to cooperate with each other in obtaining a [mal divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 17. 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 such 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. 18. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 19. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have either been fully explained to the parties by their respective counsel, or have been fully reviewed and understood if not represented by counsel, and each party acknowledges that the Page 11 <. Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full torce and effect after such time as a final Decree in Divorce may be entered with respect to the parties. The parties further agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies as wel! as court ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 20. 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. 2l. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. Page 12 ... -~ ~ . - " 22. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 23. PAYMENT OF COSTS: Each party shall be responsible for their own attorney's fees incurred in the settlement of the divorce and economic issues surrounding this divorce. 24. WAIVER 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 or future 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, curtesy, 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. Page 13 . - :::- , ~ , and year first above written. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day WI,:?S' . ~524w~ PP/lW t',j.b((./",(l.'hEl fl~ f"L,t i (SEAL) JESSICA A. BARNHART Page 14 _..., :It ,. ," -~ Of COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND +1-. PERSONALLY APPEARED BEFORE ME, thiskday of~, 2001, a Notary Public, in and for the Commonwealth of Pennsylvania and County ofd1mberl~d, JESSICA A. BARNHART, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA ~~~ fV!.allha L- \Joel, Notary Public Carllsle.80[0 -'::umberland Coun My CommrSSJOf J >:::xpires Sept. 18, 2~03 SS: Member, Pennsylvania ASSOCiation of Notaries COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this f).fJl1.ay of cJW1e.., 2001, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, CHAD E. BARNHART, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~~. Oif- Notarial Seal Denise L Nye, Notary Public South Middleton Twp., Cumberland County My Commission Expires Feb. 26. 2005 Member, Pennsylvania Association ot NotarIes Page 15