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HomeMy WebLinkAbout99-06683I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. HENRY H. BARRICK, JR., N O. 99-6683 CIVIL VERSUS MARILYN A. BARRICK AND NOW, ` ti ? //Zl ) ;`•• ??? IT IS ORDERED AND DECREE IN DIVORCE DECREED THAT AND PLAINTIFF DEFENDANT HENRY H. BARRICK, JR. MARILYN A. BARRICK ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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: NONE. The provisions of the parties' Marriage Settlement Agreement aped-June 19, 2003, are incorporated by reference/ but are note merged into this Decree in Divorce. l? BY THE COURT: ATTEST: J. -'? PROTHONOTARY i ?.?a: ?? Kwl AGREEMENT BETWEEN HENRY H. BARRICK, JR. AND MARILYN A. BARRICK Bradley L. Griffie, Esquire Cara A. Boyanowski, Esquire Counsel for Wife Counsel for Husband TABLE Or CONTENTS SECTION 1: Introduction SUCTION 11: General Provisions SECTION III: Alimony and Alimony Pendente Lite Provisions SECTION IV: Property Distribution Provisions SECTION V: Closing Provisions and Execution 10 13 SECTION 1 INTRODUCTION THIS AGREEMENT made this (kIN day of tit 2003, by and between HENRY H. BARRICK, JR. ("Husband") and MARILVN A. BARRICK ("Wife"). WITNESSETH: WHEREAS, Henry H. Barrick, Jr., Social Security Number 210-40-3495, was bom on May 28, 1951, and currently resides at 40 Mountain View Terrace, Newville, Cumberland County, Pennsylvania 17241. WHEREAS, Marilyn A. Barrick, Social Security Number 385-56-9735, was bom on March 7, 1951, and currently resides at 659 128' Street, Shellbyville, Michigan, 49344. WHEREAS, the parties hereto are Husband and Wife, having been married on June 22, 1973, in Clarksville, Tennessee. WHEREAS, the parties are the parents of one child, namely, Wanetia Barrick, born September 21, 1975. This child is no longer a minor. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration ofthemutual promises, set forth herein and for other good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agree as follows: SECTION If GENERAL. PROVISIONS MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. 2. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 3. AGREEMENT TO BE INCORPORATED nuT NOT MERGED IN DIVORCE DECREE The provisions of this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. This agreement shall survive any such final decree ofdivorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itselfor in any enforcement action filed to the divorce complaint. 4. 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. ADVICE OF COUNSEL The provisions of this Agreement and their legal eflcct have been fidly explained to Husband by his attorney, Cara A. 3oyanowski, Esquire and to Wife by her attorney, Bradley L. Griftic, Esquire. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into Gcely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 6. TAX PROVISIONS The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. The parties have heretofore filed joint federal and state tax returns. [loth parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 7, PERSONAL, RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. 1?. 8. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrations, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtsy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 9. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware ofthe extent ofeach other's income, assets, liabilities, holdings and estate. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, depositions and all other means of discovery permitted under the Pennsylvania Rules of Civil Procedure. Each party is satisfied that no additional information is necessary for the execution of this Agreement. 10. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 11. 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 or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 12. REMEDIES IN THE EVENT OF A BREACH Any party breaching this Agreement shall be liable to the other party for all costs, including reasonable counsel fees incurred by the non-breaching party to enforce his or her rights under the provisions of this Agreement subsequent to the date of execution of this Agreement, regardless of whether litigation is instituted. In the event of default of any of the provisions of this Agreement by one of the parties, the remedies available to the other are cumulative and include all remedies at law and in equity, including those for breach of contract, under theories or equity, under the Domestic Relations Code as amended, including Section 3105 of the Domestic Relations Code (which includes contempt) as if this Agreement had been an Order of Court, and shall not be limited to those remedies specifically referred to in this Agreement. 13. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 14. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. is. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 16. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (within ten (10) days at most after demand thereof) 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. 17. 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 ofany breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. 18. SEVERABILI'1'Y AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. 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 tern, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 19. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to HenryH. Barrick, Jr., 40 Mountain View Terrace, Newville, Pennsylvania 17241, or counsel for Henry H. Barrick, Jr., or such other address as Husband from time to time may designate in writing. Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Marilyn A. Barrick, 659 128" Street, Shellbyville, Michigan 49344, or counsel for Marilyn A. Barrick, or such other address as Wife from time to time may designate in writing. 20. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. SFCTION III ALID70N1' AND ALIMONY PENDGNTE LITE PROVISIONS ALIMONY A. Amount and Term of Alimonv - Husband agrees to pay to Wife the sum of Six Hundred ($600.00) Dollars per month for her support and maintenance. Such obligation fbr support shall commence on the first day of the first month following the execution date of this agreement. Said monthly payments shall be made to Wife no later than the tenth of each month. Wife acknowledges and agrees that the provisions ofthis Agreement providing for the payment of alimony to her by her Husband are fair, adequate, and satisfactory to her and are based upon her actual need, her Husband's ability to pay, the duration of the parties' marriage and other relevant factors which have been taken into consideration by the parties. The approval of this Agreement by a court of competent jurisdiction in connection with an action in divorce or annulment filed by Husband or Wife shall be deemed an order ofthe court and may be enforced as provided in 23 Pa.C.S.A. Section 3701. B. Modification of Alimony - The parties agree that the amount of alimony shall be subject to modification. It is only subject to termination as set forth herein. C. 'termination of Alimony - Alimony payments shall terminate upon the first to occur: I. Wife's death; 2. Wife's remarriage; 3. Wife's cohabitation with it member of the opposite sex; or 4. Fusband's death. D. Tax Treatment - These payments shall be income to Wife under Section 71 of the Internal Revenue Code and deductible to Husband under Section 215 ol'the Internal Revenue Code. (The rest of this page was fell blank intentionally.) 10 SECTION IV PROPERTY DISTRIBUTION PROVISIONS 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all ofthe property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever, abandon any claims which either may have with respect to the above items, which shall thereafter be the sole and exclusive property of the other. 2. RETIREMENT BENEFITS A. State Employees Retirement System Benefits. Husband has acquired, during the marriage, a vested retirement account through his employer the Commonwealth of Pennsylvania - Department of Public Welfare. The parties agree that Wife shall be entitled to fifty (50%) percent ofsaid portion ofthis retirement account which accmed from the date ofthe marriage, June 22, 1973, until the date of separation, October 9, 1999. The coverture fraction used to calculate the marital portion of the retirement benefit is as follows: years during which the parties were married prior to separation which overlap years of employment (9); divided by the number ofyears employed (11); multiplied by fifty percent (50%). This formula provides Wife with 40.9% of Husband's State Employees Retirement System (SERS) benefits. The parties agree to execute any documents, including, but not limited, to a Qualified Domestic Relations Order, so that Wife may receive direct payment of her portion of said benefits. The parties agree that this transfer shall include any interest accumulated on Wife's portion of the plan, front the date of the signing of this Agreement, until the actual date the funds are transferred to Wife. B. United States Military Retirement Husband has acquired, during the marriage, a vested retirement account through the United States Military. The parties agree that Flusband shall retain sole ownership and possession ofhis military retirement benefits, which are presently in payable status, and Wife specifically releases and waives any and all interest, claim or right that she may have to these assets. 11 3, 13ANK ACCOUNTS Husband and Wife are the owners of individual bank accounts. Flusband and Wile agree that these accounts shall be the sole and separate property ofthe person in whose name they are titled and each party waives any right, title or interest they may have in the other parties' account. 4. AlITOMO131LES The parties are the owners of various automobiles including a 1995 Dodge Neon, a 1996 Dodge Neon and a 1993 Saturn. Husband and Wife agree that the 1995 Dodge Neon and the 1993 Satum shall be the sole and separate property of Husband, and Wife waives any right, title, or interest she may have in these vehicles. Husband and Wife further agree that the 1996 Dodge Neon shall be the sole and separate property of Wife, and Husband waives any right, title or interest he may have in this vehicle. Each party agrees to execute the necessary documents to transfer said automobiles as provided herein. Each party shall be responsible for any loans on his or her vehicles distributed under this Agreement. 5. LIFE INSURANCE Husband is the owner of a Whole Life life insurance policy through ING - ReliaStar Life Insurance Company. Husband and Wife agree that this policy, and its cash value, shall be the sole and separate property of Husband, and Wife agrees to waive any right, title or interest she may have to same. 6. CURRENT LIABILITIES Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist as of the date ofexecution of this Agreement which provide for joint liability, except those provided herein. From the date ofexecution ofthis Agreement, each party shall use only those credit cards and accounts for which that party is individually liable. 7. PAYMENT OF LEGAL FEES Each party hereby agrees to be responsible for any legal fees incurred on their behalf. 12 K. AV1'ER-ACOUIRED PROPERTY Each of the parties shall hercafler own and enjoy, independently ofany claim or right ofthe other, all items ofproperty, be they real, personal or mixed, tangible or intangible, which are acquired by him or her afler (he parties' date of separation, with fill power in him or her to dispose of the same as filly and effectively, in all respects and for all purposes, as through he or she were unmarried. SECTION V CLOSING PROVISIONS AND EXECUTION Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions, and provisions thereof prior to signing below. IN WITNESS WIIEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals on the date indicated below. WITNESS Cook. -C?w4 l ? HENRY H. BARRICK, JR. _l.o?- iG 03 DA E O? ? ? e-?1?C1_111.f.t_ WITN Is G SrACEYKAYSKINNER 3LI FOTA RY PEA C STATE OFMICHICAN ALLEGAN COL.N Y COMM tSf,K)N EKP. NOV.3R'M5 MMULWA. BARRICK i T- D T 1.3 IIENRY If. IIARRICK,.1R., Plaintiff V. MARILYN A. BARRICK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 99-6683 CIVIL TERM 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: Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: A copy of the Divorce Complaint was served upon Defendant by certified mail, return receipt requested, on November 15, 1999. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by Plaintiff. June 19, 2003; by Defendant: June 16, 2003. (b)(1) Date of execution of the affidavit required by §3301(d) oft lie Divorce Code: N/A; (2) Date of filing and service of the Plaintiffs Affidavit upon the respondent: N/A. 4. Related claims pending: 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: N/A. (b) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: July 3, 2003. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: July 3, 2003. Respectfully submitted, DALEY LAW OFFICES 001 Cara A. Boyanowski, squire Supreme Court I.D. No. 68736 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff' f; _I HENRY 11. BARRICK,JR., Plaintiff v_ MARILYN A. BAR-RICK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO.C(C - to?,P3 CIVILTERM IN DIVORCE NOTICE, TO DEFEND AND CLAIM Rt(;[]-FS 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 ifyou 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, Cumberland County Courthouse, High and Hanover Streets, 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 KELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 N TI .IA Le han demandado a usted en In torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene vicnte (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o per abogado yarchivaren la torte en forma escrita sus defcnsas o sus objeciones a ]as demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede entrar una orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en In petition do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. Sl NO TIENE ABOGADO O SI NO TIENE EL DINERO SURCIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELPONO A LA OPICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 HENRY H. BARRICK, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. NO. CIVIL TERM MARILYN A. BARRICK, Defendant IN DIVORCE COMPLAINT IN DIVORCE COUNTI DIVORCE AND NOW comes the above Plaintiff, Henry H. Barrick, Jr., by his attorney, Cara A. Boyanowski, Attorney at Law, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: The Plaintiff, Henry Ff. Barrick, Jr., an adult individual with a present mailing address of P.O. Box 1163, Carlisle, Cumberland County, Pennsylvania 17033. 2. The Defendant, Marilyn A. Barrick, is an adult individual who resides at 51 1 Conodoguinet Avenue, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant are suijuris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six months immediately preceding the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 22, 1973, in Clarksville, Tennessee. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its Amendments. 6. The cause(s) of action and section(s) of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on October 9, 1999. 7. There have been no prior actions in divorce between the parties. 8. Plaintiff avers that there are no children of the parties under the age of eighteen (18) years. 9. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request the parties to participate in counseling. 10. The parties may enter into a written agreement with regard to support, custody, visitation of children, alimony and property division. In the event that such an agreement is executed by the parties, the agreement may be incorporated by the Court into the final Decree of Divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. COUNT If EQUITABLE DISTRIBUTION 11. Paragraphs I through 10 of this Complaint are incorporated herein by reference as though set forth in full. 12. Plaintiff and Defendant have acquired property, both real and personal during their marriage from the date of their marriage, June 22, 1973, until the date of their separation, October 9, 1999. 13. PWntiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property. 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.A. §4904 relating to unsworn falsification to authorities. Date: /0/ ZW 91 By: 3jav'?2'V' rq n`L t !? Henry FI. Barrick, Jr., Plaintiff B c ara A. Boyanowski, quire Attorney No. 68736 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff HENRY 11. BARRICK, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- LAW V. NO. 99-6683 CIVIL TERM MARILYN A. BARRICK, Defendant IN DIVORCE AFFIDAVIT OF SERVICE Cara A. Boyanowski, Esquire, being duly sworn according to law, deposes and says that she is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 15th day of November, 1999, she did serve upon Marilyn A. Barrick, the Defendant in the foregoing case, a true and correct copy of the Complaint in Divorce by sending same to her, by certified mail, addressed to 511 Conodoguinet Avenue, Carlisle, Pennsylvania, 17013. The receipt for said Complaint is attached. Said copy of the Complaint was duly endorsed with notice to Defendant to appear and answer or the matter would proceed without her. Sworn to and subscribed before me this Qrday of \ _ eC -Ay, 2001 NOTARIAL SEAL PATRICIA,A. PATTON. Notary Public Lower Paxton Twp.; Dauphin County M Commission Expires June 20, 2002 By' . ' 'aL Cara A(ILE o squire Attorney No. 68736 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff 11 ; AI a m v SENDER: o ComMem items 1 a 3 o 2 mr aea9onv samces. nptate name CO 3.4h esb I also wish to receive the follow. ing services (for an extra fee): , , O Po id m1dm card your name mid 55 an the mveme at INS term so INtl we can return mrs to you cl . Attach O AtIaU INS farm to 114) !roil of the mmlpa0o, or on the bad dcpace dons not l 1' D AddrCSeCC's Address p Ylnlof 'Return 110000!ROpaostod•on the mailpoce below the article numb or Z' ? Restricted Delivery N p . 0 The Return ROC0ipt will show to whom lho article was delivered and the date dolrvnred. p 3. AM a Addressed lo: 01 U-'l kyn A borrlcK 4a. ARi a Number SGT , u c w , I Gf RJCJv U I rW t f-1 - 40. Service type ? Registered Certified ? E M il xpress a ? insured p Jn1^"? ? Return Receipt for Mercrwmdiso ?COD - 1 /OI3 r I I S 7. Date of Deliver z LLL I V \ ( y 5-A/ C 00 0 F 5. Received By: /Print Name) - U. Addressee's Address (Only if requested and c lee is paid) r c 6. S" nature (A re /she or Ag t) ~ v. PS FO (m 31311, December 1994 102595 Domestic Return Receipt N 711x', (16.6 rill!. > Certified Mail Receipt No Insurancr` Covrra,e Prorded p Do 1101 Use for Inlornahonnl 6$ul .; (Bert Revetsnl ro 919 ..r, m w wm.m G Dsir Dn'^•wea m ? totq? fbsla,,. p s h•rs W or a.,•.. ??;: HENRY If. BARRICK,.IR., Plaintiff V. MARILYN A. BARRICK, Defendant : IN THE COURT OF COMMON PLEAS : CUM13ERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 99-6683 CIVIL TERM : IN DIVORCE AFFIDAVITOF CONSENT 1. A Complaint in Divorce under §3301(c) ofthe Divorce Code was filed on November 4, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 1 verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Date: Lp- I q -U -?D By; mss? l u, 7J ?r'?1l % /? Henry H. Barrick, Jr., Plaintiff Social Security No. Z /U - S'0 -' Y9 J/ :,_ ?, -; - = ? ??:; ,?:. ?? ?:? rj .. HENRY If. BARRICK.311., Plaintiff V. MARILYN A. SARRICK, Defendant IN THh: COURT OF CONINION rI,EAS : CUMBERLAND COUNTY. PENNSI'LVANIA CIVIL ACTION - LAW NO. 99-6683 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(C) OF THE DIVORCE CODE 1 consent to the entry of a final decree of divorce without notice. 2. 1 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, 1 understand that 1 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.A. §4904 relating to unsworn falsification to authorities. By. Date: t; -F J Flenry 1-1. Barrick, Jr., I' aintill 11 U . 4! HENRY If. 13ARRICK, JR., : IN TIIE COURTOF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. NO. 99-6683 CIVILTEILM MARILYN A. 13ARRICK, Defendant IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under §3301(c) of the Divorce Code was filed on November 4, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the 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 this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: ?? - By: *1aryn A. 9'ck, endant Social SecurityNo. 3 Y5 - 56 - e/ 73 55- X11 ?_ ' l ?: CI - N l. j HENRY If. BARRICK, JR., : IN TILE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. NO. 99-6683 CIVIL TERM MARILYN A. BARRICK, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unworn falsification to authorities. Date: 6-16-63 By: ? MarflynA/Barrick, Defendant Cf ?:. J .?^ ?l 1 ` -1 • :/l - ' - ' !, '-f : i : '-' J HENRY H. BARRICK, JR., THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. N0. 99 - 6683 CIVIL MARILYN A. BARRICK, Defendant IN DIVORCE ORDER OF COURT Tt AND NOW, this , 7 _ day of -'tf 2003, the economic claims raised in the procee ings having been resolved in accordance with an agreement dated June 19, 2003, the appointment of the Raster is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: Cara A. Boyanowsk Attorney for Plaintiff Bradley L. Griffie Attorney for Defendant Ge r Y. i J. (; .)7 ?'3 AGREEMENT BE'T'WEEN HENRY H. BARRICK, JR. AND MARILYN A. BARRICK Cara A. Doyanowski, Esquire Counsel for Husband Jam, Esquire Counsel for Wife TABLE OR CONTENTS SECTION 1: Introduction SUCTION II: General Provisions SECTION 111: Alimony and Alimony Pendcnte Lite Provisions SECTION IV: Property Distribution Provisions SECTION V: Closing Provisions and Execution 10 13 SECTION 1 IN'T'RODUCTION THIS AGREEMENT made this _L^( l? day of 2003, by and between HENRY 11. BARRICK, .112. ("Husband") and NIARILYN A. 13ARRICK ("Wife"). WITNESSETIi: WHEREAS,1-lenry1-1. Barrick, Jr., Social Security Number 210-40-3495, was born on May 28, 1951, and currently resides at 40 Mountain View Terrace, Newville, Cumberland County, Pennsylvania 17241. WHEREAS, Marilyn A. Barrick, Social Security Number385-56-9735, was born on March 7, 1951, and currently resides at 659 128°i Street, Shellbyville, Michigan, 49344. WHEREAS, the parties hereto are Husband and Wire, having been married on June 22, 1973, in Clarksville, Tennessee. WHEREAS, the parties are the parents of one child, namely, Wanetia Barrick, born September 21, 1975. This child is no longer a minor. W li EREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; the settling ofall matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the mutual promises, set forth hereinand forother good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agree as follows: SECTION 11 GENERAL PROVISIONS 1. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. 2. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 3. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE The provisions of this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. This agreement shall survive any such final decree of divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce complaint. 4. 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. 5. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Husband by his attorney, Cara A. Boyanowski, Esquire and to Wife by her attorney, Bradley L. Griffie, Esquire. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 6. TAX PROVISIONS The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 7. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. 8. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrations, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtsy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 9. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, depositions and all other means of discovery permitted under the Pennsylvania Rules of Civil Procedure. Each party is satisfied that no additional information is necessary for the execution of this Agreement. 10. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 11. 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 or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 12. REMEDIES IN THE EVENT OF A BREACH Any party breaching this Agreement shall be liable to the other party for all costs, including reasonable counsel fees incurred by the non-breaching party to enforce his or her rights under the provisions of this Agreement subsequent to the date of execution of this Agreement, regardless of whether litigation is instituted. In the event of default of any of the provisions of this Agreement by one of the parties, the remedies available to the other are cumulative and include all remedies at law and in equity, including those for breach of contract, under theories or equity, under the Domestic Relations Code as amended, including Section 3105 of the Domestic Relations Code (which includes contempt) as if this Agreement had been an Order of Court, and shall not be limited to those remedies specifically referred to in this Agreement. 13. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 14. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 15. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 16. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (within ten (10) days at most after demand thereol) 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. 17. 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 breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. 18. SF.VERABILITV AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 19. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Henry H. Barrick, Jr., 40 Mountain View Terrace, Newville, Pennsylvania 17241, or counsel for Henry H. Barrick, Jr., or such other address as Husband from time to time may designate in writing. Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Marilyn A. Barrick, 659 128" Street, Shellbyville, Michigan 49344, or counsel for Marilyn A. Barrick, or such other address as Wife from time to time may designate in writing. 20. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. SECTION III ALIMONY AND ALIMONY PENDENTE LITE PROVISIONS 1. ALIMONY A. Amount and Term of Alimony - Husband agrees to pay to Wife the sum of Six Hundred ($600.00) Dollars per month for her support and maintenance. Such obligation for support shall commence on the first day of the first month following the execution date of this agreement. Said monthly payments shall be made to Wife no later than the tenth of each month. Wife acknowledges and agrees that the provisions of this Agreement providing for the payment of alimony to her by her Husband are fair, adequate, and satisfactory to her and are based upon her actual need, her Husband's ability to pay, the duration of the parties' marriage and other relevant factors which have been taken into consideration by the parties. The approval of this Agreement by a court of competent jurisdiction in connection with an action in divorce or annulment filed by Husband or Wife shall be deemed an order of the court and may be enforced as provided in 23 Pa.C.S.A. Section 3701. B. Modification of Alimony - The parties agree that the amount of alimony shall be subject to modification. It is only subject to termination as set forth herein. C. Termination of Alimony - Alimony payments shall terminate upon the first to occur: l . Wife's death; 2. Wife's remarriage; 3. Wife's cohabitation with a member of the opposite sex; or 4. Husband's death. D. Tax Treatment - These payments shall be income to Wife under Section 71 of the Internal Revenue Code and deductible to Husband under Section 215 of the Internal Revenue Code. (The rest of this page was left blank intentionally.) 10 SECTION IV PROPERTY DISTRIBUTION PROVISIONS PERSONAL PROPERTY I lusband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever, abandon any claims which either may have with respect to the above items, which shall thereafter be the sole and exclusive property of the other. 2. RETIREMENT BENEFITS A. State Employees Retirement System Benefits Husband has acquired, during the marriage, a vested retirement account through his employer the Commonwealth of Pennsylvania - Department of Public Welfare. The parties agree that Wife shall be entitled to fifty (50%) percent of said portion ofthis retirement account which accrued from the date of the marriage, June 22, 1973, until the date of separation, October 9, 1999. The coverture fraction used to calculate the marital portion of the retirement benefit is as follows: years during which the parties were marred prior to separation which overlap years of employment (9); divided by the number of years employed (11); multiplied by filly percent (50%). This formula provides Wife with 40.9% of Husband's State Employees Retirement System (SERS) benefits. The parties agree to execute any documents, including, but not limited, to a Qualified Domestic Relations Order, so that Wife may receive direct payment of her portion of said benefits. The parties agree that this transfer shall include any interest accumulated on Wife's portion of the plan, from the date of the signing of this Agreement, until the actual date the funds are transferred to Wife. B. United States Military Retirement Husband has acquired, during the marriage, a vested retirement account through the United States Military. The parties agree that Husband shall retain sole ownership and possession of his military retirement benefits, which are presently in payable status, and Wife specifically releases and waives any and all interest, claim or right that she may have to these assets. 11 3. BANK ACCOUNTS Husband and Wife are the owners of individual bank accounts. Husband and Wife agree that these accounts shall be the sole and separate property of the person in whose name they are titled and each party waives any right, title or interest they may have in the other parties' account. 4. AUTOMOBILES The parties are the owners of various automobiles including a 1995 Dodge Neon, a 1996 Dodge Neon and a 1993 Saturn. Husband and Wife agree that the 1995 Dodge Neon and the 1993 Saturn shall be the sole and separate property of Husband, and Wife waives any right, title, or interest she may have in these vehicles. Husband and Wife further agree that the 1996 Dodge Neon shall be the sole and separate property of Wife, and Husband waives any right, title or interest he may have in this vehicle. Each party agrees to execute the necessary documents to transfer said automobiles as provided herein. Each party shall be responsible for any loans on his or her vehicles distributed under this Agreement. 5. LIFE INSURANCE Husband is the owner of a Whole Life life insurance policy through ING - ReliaStar Life Insurance Company. Husband and Wife agree that this policy, and its cash value, shall be the sole and separate property of Husband, and Wife agrees to waive any right, title or interest she may have to same. 6. CURRENT LIABIwallES Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist as of the date of execution of this Agreement which provide for joint liability, except those provided herein. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable. 7. PAYMENT OF LEGAL FEES Each party hereby agrees to be responsible for any legal fees incurred on their behalf. 12 8. AFTER-ACQUIRED PROPER'L'Y Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after the parties' date of separation, with fill power in him or her to dispose of the same as filly and effectively, in all respects and for all purposes, as through he or she were unmarried. SECTION V CLOSING PROVISIONS AND EXECUTION Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions, and provisions thereof prior to signing below. IN WITNESS WHEREOI', intending to be legally bound hereby, the parties hereto have set their hands and seals on the date indicated below. / Q t?d9n? cx ?/ /?- IQ Dn WITNESS HENRY Ff. BARRICK, JR. DA E WITNr?S Y? MA ILYMA. BARRICK DATE STACEY KAY SY2 NOTARY PUBLICSTATE OF MKHIGAN ALLEGAN COVTJTY MY COMMISSIONI EXP. NOV.30=5 13 VS. 2,vy?, r 6p, A DATE: s d 3 ?_? n?'1ivii na: /./_cc?..?e?K;l cw?,f Lcl? C1+tc,t,?ul1 o-?nee?.?c? . a PF ci tc 1 ?,Z dd f w /? C L?-=t.? ct_.cu( c-•?Zlnc ._n_zu'?? w'? cr?c v Cam. G (7-7c;- 3 ?cla*? c `z ?Q f o3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. SSCIVIL 19 IN DIVORCE STATUS SHEET cr'X( 4 U?? r IIGNRY Ii. BARRICK..IR. Plaintil'( vs. NIARILYN A. BARRICK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW r,m. CIVI1r 1.9 99-6681 I?! DIVORCE Defendant STATUS sm-'.E'1' DATE: I ACTIVITIES: ___ ( ?U?? _?? 1 1Ck?11')1 ?? ?-'C ..v Xis ? " ??'I`^ ?'?? • 1.4 t i• / r '" ? ?I -r V"G ' 1 /? f t'???,1 ?1 f Tl'?'- ?' ? / ? ? / ti c? . 2' 1 /?,?G.??? {,rl'tFiLalt)C?i:1'1 V /???'"?????' ? .?( ti? •? "l? •r11 kfl {' P /42'1f4mv. Iryy!??,(td • No ?r?IIIAV-' 17 .?d i 0. If fr??q, or 9 r'I A l 1 , . n. L I, A ?.,? ? ? . r a•/? c u.. /:l ,. ?'?; t . ?i? , ?•..r ,? r.n rr t[/rl?t. a e l?l c. n ?1V' r Well - q-L N?.nt 9 &zw/z. ../.. a : •'rr. r n 1. .1 t,:,/ ? ? •. : .r r _. tr r f , \ I t ? / ? r r r .. f ?. . , _ a -. •r . . . 1. .l HENRY H. BARRICK, JR., Plaintiff VS. MARILYN A. BARRICK, Defendant TO: Cara Al. Boyanowski Johnna J. Y.opecky IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 6683 CIVIL IN DIVORCE Attorney for Plaintiff Attorney for Defendant DATE: Tuesday, January 8, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (?) Provide approximate date t.,hen discovery ;.'ill be complete and indicate what action is being taker. to complete discovery. DATE COUNSEL FOR PLAIIJTIF'F ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE i•LASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE ItiASTER' S OFFICE WITHI14 T16-10 (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. HENRY H. BARRICK, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW . NO. 99 - 6683 CIVIL MARILYN A. BARRICK, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Cara A. Boyanowski Henry H. Barrick, Jr Counsel for Plaintiff Plaintiff Johnna J. Kopecky , Counsel for Defendant Marilyn A. Barrick , Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 24th day of June 2002, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: E. Robert Elicker, II April 24, 2002 Divorce Master HENRY 11. BARRICK, JR. V. MARILYN A. BARRICK IN TT IE COURT 01: C'ONIMON PLEAS 01" CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 6683 IN DIVORCE ORDER AND NOTICE Sl IT ING HEARING TO: Henry 11. Barrick, Jr. Cara A. Boyanowski Marilyn A. Barrick Bradley L. Griffie Plaintiff Counsel for Plaintiff , Defendant Counsel I'or Defendant You are directed to appear I'or a hearing to take testimony on the outstanding 1SSUCS in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 19th June 2003 at 1:30 - day of .m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. By the Court p //y'J+?sy//pwn i ?q ,I if Vd ,?, y I ° U t George E. IToffer, President Judge Date of Ordcr and Notice: 6/5/03 By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TITE OFFICE SET FORTH 13ELOW TO FIND OUT WHERE YOU CAN GET LEGAL I IELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE', CARLISLE, PA 17013 TFLEPI IONE (717) 219-3166 DALEY LAW OFFICES 1029 SCENERY DRIVE • HARRISBURG. PA 17109 • IN110X(i4)ALr•.5'LO('OPPICr•_5,C0\I (717) 657-1795 • FAX (717) 657.1996 June 24, ?003 E. Robert l:licker, II, Esquire OFFICE OF DIVORCE MAS'T'ER 9 North Hanover Street Carlisle, FA 17013 Re: Barrick v. Barrick Dear Mr. Elickcr. Enclosed please find two copies of the Marriage Settlement Agreement which have been signed by all parties. It is my understanding that upon receipt of these docun)cnts, yon will proceed with vacating yourself as Master in this case. Once that has happened, we will file the praccipe to transmit the record with the Court in order to obtain the divorce decree. Thank you for your assistance in this mutter. Respectfully submitted, Car. A. Boyano\v?ki CAB:pap Enclosures cc: Bradley L. Griffie, Esquire Henry 1-1. Barrick, Jr. HENRY H. BARRICK, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 99 - 6683 CIVIL MARILYN A. BARRICK, Defendant IN DIVORCE THE MASTER: Today is Thursday, June 5, 2003. This is the date set for a hearing in the above captioned divorce proceedings. Present in the hearing room are the Plaintiff, Henry H. Barrick, Jr., and his counsel Cara A. Boyanowski. The Defendant, Marilyn A. Barrick is not present but she is being represented today by Bradley L. Griffie. Mr. Griffie, is it your intention today to have your appearance entered on behalf of the Defendant as her counsel of record? MR. GRIFFIE: Yes. I am asking that my appearance be noted and entered on the record for today. THE MASTER: This action was commenced in 1999, by the Plaintiff asking for a divorce. The parties have been separated for a period in excess of two years and an affidavit under Section 3301(d) was filed on February 21, 2003. There is no issue with respect to grounds for divorce and either the parties will sign mutual affidavits of consent and waivers of notice of intention to request entry of divorce decree or husband can proceed under the section relating to the separation in excess of two years. The economic claims raised in this action are equitable distribution by the husband and a counterclaim for alimony and counsel fees filed by wife on December 7, 1999. It is the Master's understanding that Mr. Barrick, through his counsel, is going to file a claim for counsel fees and costs against the Defendant. The basis for this filing is that the Defendant has been dilatory in pursuing this action, having been previously presented on a number of occasions the opportunity to complete an agreement and allow husband to conclude the divorce. If we have to go to a hearing, we will consider very seriously the claim by husband for counsel fees against wife. The Master is scheduling a hearing for Thursday, June 19, 2003, at 1:30 p.m. If this matter has not been settled by the signing of the agreement that has been presented today to Mr. Griffie by Ms. Boyanowski, which the Master understands has been the agreement which has previously been reviewed by prior counsel for wife, then the Master will have a hearing and will make findings and recommendations based on the testimony of the parties and witnesses. If Mrs. Barrick does not attend the hearing, the Master is able to proceed since wife is going to be given appropriate notice and also has an attorney of record to represent her so that we will not delay the proceeding because Mrs. Barrick does not appear on the 19th in the Master's office. Ms. Boyanowski, do you want to offer any comments or statements on the record? MS. BOYANOWSKI: Could we add into the notice that no more continuances will be granted. THE MASTER: Ms. Boyanowski has requested that the Master make a statement on the record that there will be no further continuances of this matter. The matter will be concluded on or before the 19th of June 2003 either by agreement received by the Master signed by both parties or as a result of a hearing which will occur on June 19. Mr. Griffie, do you want to make any comments or statements on the record? MR. GRIFFIE: No. I have nothing to say on Mrs. Barrick's behalf at this point. THE MASTER: The record is closed. We will send notices to Mr. Barrick -- what is your address, sir? MR. BARRICK: 49 View Terrace, Newville, Pennsylvania 17241. THE MASTER: And what is your client's address, Mr. Griffie? MR. GRIFFIE: We use: c/o Bernita Weesaw, 659 128th Street, Shellbyville, Michigan, 49344. CC: Cara A. Boyanowski, Attorney for Plaintiff Henry H. Barrick, Jr., Plaintiff Bradley L. Griffie, Attorney for Defendant Marilyn A. Barrick, Defendant HENRY 11. BARRICK, JR., Plaintiff V. MARILYN A. BARRICK, Defendant IN TIIE COURT OF CONIMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6683 CI V I L TERM IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE I . The parties to this action separated on October 9, 1999 and have continued to live separate and apart f'or a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 1 do not claim them before a divorce is granted. 1 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 unswom falsifications to authorities. Date: L/I-3 /03 l?q-) i Henry 1-1. Barrick, Jr., Plaintiff J DALEY LAW OFFICES 1029 SCENERY DUIVE • nTnInSBn'HC. V% I-1119 • IN MIX... RVIT)IAMO I FR N(:(1%1 • (-I-) 65 0A • rAX (-I-) 6i .i996 February 25, 2003 E. Robert Elicker, 11, Esquire Divorce Master for Cumberland County 9 N. Hanover Street Carlisle, PA 17013 RE: Barrick v. Barrick Dear Master Elicker: Please recall that 1 represent Henry 11. Barrick, Jr., in a pending divorce action against his estranged wife, Marilyn A. Barrick. Mr. Barrick filed his Affidavit under §3301(d) ofthe Divorce Code with the Cumberland County Court of Common Pleas, on February 21, 2003. The Affidavit states that the parties have lived separate and apart since October 9, 1999, a period in excess of two years. For your convenience, I have enclosed a copy of the Affidavit. Kindly list this case for hearing, under 3301(d) grounds, at your earliest possible convenience. Thank you for your kind attention. Sincerely yours, DALEY LAW OFFICES Qfigj. e raowsk , Esquire CAB/cb Enclosure cc: Marilyn A. Barrick Henry li. Barrick, Jr. DALEY::LAW OFFIGk5 1029 SCENERY; DRIVE •,(717) 657 4795 ` 1 HENRY II. BARRICK,.IR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- LAW V. NO. 99-6683 CIVIL TERM c' MARILYN A. BARRICK, Defendant IN DIVORCE NOTICE - If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statement: will be admitted. AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE I. The parties to this action separated on October 9, 1999 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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 are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsifications to authorities. Date: ?/I-?/G? _ ??:?rl•T.? ?,?'l?II-?'`?'..???i Henry H. Banick, Jr., Plaintiff HENRY H. BARRICK, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 99 - 6683 CIVIL MARILYN A. BARRICK, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Cara A. Boyanowski Counsel for Plaintiff Henry H. Barrick, Jr. Plaintiff Carol J. Lindsay Counsel for Defendant Marilyn A. Barrick Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 6th day of December 2002, at 1:30 p.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: E. Robert Elicker, II November 5, 2002 Divorce Master DALEY LAW OFFICES I029 SCENERY DRIVE • ILUnOSI It RG. P.\ 17109 • LWH L\o, RALPH A%% a'19CIi5.C0g1 • 1-I-I 6i-..1-9i • IAN (-I-) 65-.1996 October 31. 2002 E. Robert Elicker, 11, Esquire Divorce Master for Cumberland County 9 N. Hanover Street Carlisle, PA 17013 RE: Barrick v. Barrick Dear Master Elicker: Please recall that I represent Henry H. Barrick, Jr., in a pending divorce action against his estranged wife, Marilyn A. Barrick. Mr. Barrick filed the necessary documents to bring his divorce action before you and counsel for both parties and Mr. Barrick were to meet in your office on June 24, 2002 to discuss all of the outstanding economic issues regarding this case and hopefully reach an agreement regarding same. Mrs. Barrick was to be made available by telephone, since she was residing out of state. Minutes, prior to our scheduled meeting, counsel for Mrs. Barrick, then Johnna J. Kopeck-y, Esquire, informed me that she and her client had discussed the previous settlement terms and had agreed upon same. She then asked me to draft the Marriage Settlement Agreement and all necessary documents to finalize the Barrick divorce matter. I did so, and by letter, dated June 27, 2002, which 1 enclose for your review, I forwarded four Agreements, an Affidavit of Consent and a Waiver of Notice to Attorney Kopecky for signature by her client. On July 1, 2002, I received a letter from Attorney Kopecky advising that the Agreements looked fine and she was in the process of forwarding the documents to Mrs. Barrick for her signature. A copy of this letter is enclosed for your review. I did not receive any documents back in July, so on July 25, 2002, I wrote another letter to Attorney Kopecky, requesting the status of these documents. Again, a copy of my letter is enclosed for your review. Some time later, I was advised that Carol J. Lindsay, Esquire, of Saidis, Shutt, Flower & Lindsay had taken over the case. I contacted Attorney Lindsay regarding the status of this case. She advised that she would look into it. As of the date of this letter, I have received no response and the documents have still not been signed by Mrs. Barrick. I i I II I? E. Robert Elicker, II, Divorce Master Page Two October 31, 2002 I suppose the main reason I am writing this letter to you is to request your assistance and guidance as to what the next step should be in this case. The Barricks have been separated for more than two years, their marriage is irretrievable broken, and have in theory, agreed to a settlement of their economic claims. Unfortunately, since I cannot secure Mrs. Barrick's signature on the necessary documents, for whatever reason, I cannot finalize this action. Understandably, Mr. Barrick is becoming very frustrated with the present situation. Any advise or guidance you may be able to give me regarding this matter would be greatly appreciated. Thank you for your kind attention. Sincerely yours, DALEY LAW OFFICES a Q squire CAB/cb Enclosures cc: Carol J. Lindsay, Esquire Henry H. Barrick, Jr. F! DALEY LAW OFFICES 1029 S(:I NEHY I)ItIVF • 11 %HitIS I I I'aG, M 17100 • IXII( IV,I I ALIl1'1_\\C'( 11'FICES G 1\1 • 17171 Oil. 179i • 1AX (717) 657. i99(i Julie 27, 2002 lohnna J. Kopeckv, Esquire SAIDIS, SI IUFF, FLOWER & LINDSAY 26 West Iligh Street Carlisle, PA 17013-2956 RE: Barrick v. Barrick DearJohnna: Enclosed, please find four (4) INlarriage Settlement Agreements which I believe reduce to writing, the agreed upon terms of Barrick divorce settlement. Kindly review the document with your client, have her sign all four of the Agreements, and then return two filly executed copies to me. If 1 have made a mistake regarding any of the terms set forth therein, kindly contact me to discuss same. In addition to the Lviarriage Settlement Agreements, I have also enclosed a Defendant's Affidavit of Consent and a Defendant's Waiver of Notice of Intention to Request Entry ofa Divorce Decree under §3301(0) of the Divorce Code. Again, please review these documents with kIrs. Barrick and have her sign same. Once I am in receipt of the signed Agreement, Consent and Waiver, I will forward same to the Cumberland County Courthouse, along with the necessary paperwork to finalize the divorce action. In return, I am requesting you to prepare and file a Praecipe with the court, requesting that your Counterclaims of adultery, equitable distribution, alimony, counsel fees, costs and expenses, be withdrawn. Thank you for your kind attention. Sincerely yours, DALEY LAW OFFICES n. I + bra CAB/cb A. Boyanowski, I squire cc: Henry 11. Barr ick, It. LAWO199CI:S 1011N r. SLIKE ROBERT C. SAIDIS GEOFFREY S. SIIUFF JAMES D. FLOWIIRJR. CAROL J. LINDSAY JOI-INNA J. KOPrCKY KARL M. LrDEBOHM JOSEPH I,. iii-ra iINGS TIIOAIAS I*. FLOV, rR SAIDIS, SHUFF, FLOWER 6-, LINDSAY A PROFFSSIONALCORPORM ION 261VrS•1- I IIGI 151 RIT'i CARLISLE, PENNSYLVANIA 17013 TI LEPI IONr: (717) 2.13-6222 - FACSIMILE: (717)'_43-o IS6 r\i:\IL:.tllnrnepnssfl-I,ne.tom %VEST SIIORrOFFICE: rnvn•ssfl-law.cmn 2169 \L1ItKla' SI'RC•.GI' CAMP I-111J., PA 17011 fjU? ) 7.r FACSIMILE: vmIONE:(i7)n? of REPLY TO CARLISLE .luly I, 2002 Cara A. S^ ne . s!:i, 5sc:: , DALEY LAW OFFICES 1029 Scenery Drive Harrisburg PA 17109 Rr: BARRICK v. BARItICK Dear Cara: I have forwarded your information, and I do not sec any problem with these; however, I received a voice trail from Mrs. Barrick that she will be receiving a kidney transplant this month and would need to get back to me as to when these documents could be signed. 1 will advise in the next week as to any additional information that I have, so that we may finalize these documents promptly. Thank you for your patience in this matter. Very truly yours, SAIDIS, SI IUPf , PLOWER & LINDSAY '7 JohnnaJ.Kopecky JJ K/ahg Cc: Marilyn Barrick DALEY LAW OFFICES I029 SCENERYDRIVE • I[1anISBURG, R% 17](19 • INIU)Ni,, U:\Lfil'1:\\C'OI'ilf 7!CC(??? (717) (67.171)i • I:AX (717) 657-1996 July 25, 2002 Johnna J. Kopecky, Esquire SAIDIS, SHUFF, FLOWER R LINDSAY 26 West High Street Carlisle, PA 17013-2956 RE: Barrick v. Barrick Dear Johnna: I am writing this letter as a follow-up to my last letter to you, dated June 27, 2002, which included four Marriage Settlement Agreements, a Defendant's Affidavit of Consent, and a Defendant's Waiver ofNotice of Intention to Request Entry of a Divorce Decree under §3301(C) of the Divorce Code. Kindly advise as to status of these documents. If corrections are required to these documents prior to Mrs. Barrick signing same, kindly advise my office of such and I will make the necessary changes. In the event the documents are acceptable as drafted, I would greatly appreciate receiving them in the very near fixture so we may finalize this matter with the court. Thank you for your kind attention. Sincerely yours, DALEY LAW OFFICES (", & ii Cara A. Boyanowsk-, Esquire CAB/cb cc: Flenrv 11. Barrick, Jr. HENRY H. BARRICK, JR., : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-6683 CIVIL TERM MARILYN A. BARRICK, : CIVIL ACTION -LAW DEFENDANT : IN DIVORCE ORDER OF COURT AND NOW, this clay of 1 2002 upon consideration of the within Petition, a Rule is issued upon Respondents, Marilyn A. Barrick and Henry FL Barrick, Jr., to show Cause, if any, why Petitioner, Carol J. Lindsay, should not be permitted to withdraw as counsel for Marilyn A. Barrick. RULE returnable -0 clays from date of service. By the Court,' fly J. SAIDIS SHUFF, FLOWER & LINDSAY ATfURNETS•ANAW 26 W. IfIgh Street Carlisle, PA pxs I2-A-oa ?. ;:.. _ .. !'.=['fir^. ..:? ?::??; i.i::. _ ..., HENRY H. BARRICK, JR., : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-6683 CIVIL TERM MARILYN A. BARRICK, : CIVIL ACTION -LAW DEFENDANT : IN DIVORCE PETITION TO WITHDRAW AS COUNSEL NOW COMES SAIDIS, SHUFF, FLOWER & LINDSAY AND CAROL J. LINDSAY, counsel for Marilyn A. Barrick, Defendant above, and petitions this Honorable Court as follows: 1. Petitioner is Carol J. Lindsay and Saidis Shuff Flower & Lindsay with a principal place of business at 26 West High Street, Carlisle, Cumberland County, Pennsylvania. 2. Respondents are Henry H. Barrick, Jr., who is represented by Cara Boyanowski, Esquire, and Marilyn A. Barrick. 3 Petitioner is counsel of record for Marilyn A. Barrick in a currently pending divorce action. 4. The parties hereto were married on June 22, 1973 and separated on SAIDIS SHUFF, FLOWER & LINDSAY ATTORNMSNT•IAW 26 %V. High Street Carlisle, PA October 9, 1999. 5. Upon information and belief, Respondent Marilyn Barrick resides Shelbyville, Michigan. 6. Respondent Henry H. Barrick, Jr. has filed for the appointment of a Master and a Mater's conference was held on December 6, 2002 during which the Master directed that counsel for Respondent seek the appointment of a Guardian ad litem to represent Respondent Marilyn A. Barrick. 7. At the aforesaid conference, the Master indicated that he would not consider a request for attorneys' fees for Marilyn Barrick. 8. The attorneys' fees outstanding in the instant case exceed $5,000.00. All indications are that Marilyn Barrick does not have the money to pay for an attorney. 9. Respondent Marilyn A. Barrick's physical conditions impede her ability to communicate with counsel. WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon Respondents to show cause why Carol J. Lindsay and Saidis Shuff Flower & Lindsay should not be permitted to withdraw as counsel for Marilyn A. Barrick. SAIDIS, SHUFF, FLOWER & LINDSAY SAIDIS SHUFF, FLOWER & LINDSAY ATi0RA81S•AT•IAIV 26 W. High Street Carlisle, PA By 2 Carlisle, PA 17013 (717) 243-6222 VERIFICATION SAIDIS SHUFF, FLOWER & LINDSAY ATRIRAYPAT•IAW 26 IV. Iligh Street Carlisle. PA I, the undersigned, hereby verify that the statements made herein 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: /-?, / / ? /' ?- HENRY H. BARRICK, JR., : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. MARILYN A. BARRICK, DEFENDANT NO. 99-6683 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE AND now, this 2e.- day of , 2002, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition to Withdraw as Counsel this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Cara Boyanowski, Esquire 1029 Scenery Drive Harrisburg, PA 17109 Ms. Marilyn Barrick 659128 th Street Shelbyville MI 49344 SAIDIS, SHUFF, FLOWER & LINDSAY Y Carol J. 'ndsay, Esquire 0#4 6 26 West High Street Carlisle, PA 17013 (717) 243-6222 ? , HENRY H. BARRICK, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 99 - 6683 CIVIL MARILYN A. BARRICK, Defendant IN DIVORCE RESCHEDULED PRE-HEARING CONFERENCE TO: Cara A. Boyanowski , Attorney for Plaintiff Johnna J. Kopecky , Attorney for Defendant A pre-hearing conference has been scheduled at the office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 24th day of April, 2002, at 1:30 p.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 4/9/02 E. Robert Elicker, II Divorce Master HENRY H. BARRICK, Plaintiff VS. MARILYN A. BARRICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 6683 CIVIL IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Cara A. Boyanowski Johnna J. Kopecky Attorney for Plaintiff Attorney for Defendant A pre-hearing conference has been scheduled at the office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 12th of April, 2002, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 2/12/02 E. Robert Elicker, II Divorce Master DALEY LAW OFFICES 1029 SCENERY DRIVI: • I [ARRISBURG. B\ 17109 • IN BOX61 U.\Llil'L\\C(1PFICIiS.C(1.\I • (717) 657-1795 • KU (717) 657-4996 March 27, 2002 Robert E. Elicker, 11, Esquire Office of the Divorce Master for Cumberland County 9 N. Hanover Street Carlisle, PA 17013 RE: Barrick v. Barrick Dear Master Elicker: Please be advised that I have recently received an Order of Court from the Honorable Scott A Evans, directing me to appear, on behalf ofa client, at a Protection From Abuse hearing on April 12, 2002, at 8:00 a.m. Unfortunately, 1 am also scheduled to appear before you on April 12, 2002, at 9:30 a.m., for a Pre-Trial Conference in the above captioned divorce action. 1 am requesting your assistance in rescheduling the pre-trial conference. I have advised opposing counsel, Johnna J. Kopecky, Esquire, of my dilemma and she has agreed to my request for a continuance. If your schedule permits, both Ms. Kopecky and 1 are available to attend the conference in the afternoon of April 12, 2002. If you have any questions regarding the information contained in this letter, please feel free to contact me. Thank you for your kind attention. Sincerely yours, DALEY LAW OFFICES A ?lX ?? lU aar Bo yano\vski, squire CAB/cb cc: Henry H. Barrick, Jr. Johnna J. Kopecky, Esquire HENRY H. BARRICK, JR., IN THE COURT OF COMMON PLEAS ?j/I'?? Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 99-6683 CIVIL TERM MARILYN A. BARRICK, CIVIL ACTION - LAW Defendant IN DIVORCE PRE-TRIAL STATEMENT AND NOW comes the Defendant, Marilyn A. Barrick, by and through her attorneys, Saidis, Shuff, Flower & Lindsay, and respectfully files the following Pre-Trial Statement: I. BACKGROUND INFORMATION The parties were married on June 22, 1973, and separated on October 9, 1999. She is unemployed at the present time, and is receiving spousal support bi-weekly in the amount of $396.99. She had previously been employed at the US Army War College in the Commissary as a grocery bagger making roughly $35.00 - $40.00 per week in tips. She is disabled at the present time, is receiving kidney dialysis three days per week, and can no longer secure employment. It is believed that Mr. Barrick is employed through the SAIDIS SHUFF, FLOWER & LINDSAY ATMRAEVS•AT•LAN 26 W. Iligh Street Carlisle, PA Commonwealth of Pennsylvania, making roughly $1,500.00 gross bi-weekly. He also is receiving military retirement of roughly $975.00 net. II. PERSONALTY The only issues that appear for personalty are a mobile home which was owned jointly by the parties and Wanita Barrick, which the Plaintiff sold and received the proceeds, and savings bonds which were purchased with marital funds amount unknown. III. CASH AND INTANGIBLE PERSONAL PROPERTY: a. Commonwealth of Pennsylvania retirement account as held by Husband. b. Military retirement pay, which is currently in pay status, as held by Husband. IV. WITNESSES Marilyn A. Barrick, the Defendant. V. EXPERT WITNESSES Not applicable. VI. RESOLUTION OF ECONOMIC ISSUES We would request an equal division of the marital portion SAIDIS SNUFF, FLOWER & LINDSAY ATTURVEYS•AT•I.W 26 N. High Street Carlisle. PA of the Commonwealth of Pennsylvania retirement account to be transferred through a Qualified Domestic Relations Order, and 50<', of his military retirement pay which is presently in pay status. In addition, she is requesting the sum of $250.00 per month alimony, the requirement for the Husband to keep her 2 covered under a medical insurance policy, one-half of the savings bonds and the proceeds of the mobile home. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Date Johnna KopIt" y, Es uire Attorn/y I.D. 531 7 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY MORAEYS•ATMW 26 W. Iligh Slrecl CalllSle. PA 3 HENRY H. BARRICK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW V. NO. 99-6683 CIVIL TERM MARILYN A. BARRICK, Defendant : IN DIVORCE PRE-TRIAL STATEMENT On behalf of Henry H. Barrick, the plaintiff in the above-captioned action, Cara A. Boyanowski, Esquire, does hereby file the following pre-trial statement for consideration of the Court: Marital Assets - Attached hereto please find a listing of all marital assets including their value, date of valuation, determination of whether any portion is non-marital and any liens or encumbrances thereon, and a listing of non-marital assets, their value, date ofvaluation, and any liens or encumbrances thereon: See Inventory. 2. The names and addresses of each expert whom the Plaintiff intends to call at trial includes the following: None yet identified. In the event Plaintiff decides to call any experts, the names and addresses of the expert will be provided to Defendant prior to trial. 3. The Plaintiff' intends to testify at trial. If any additional witnesses are identified, their names and addresses will be provided to Defendant prior to trial. A. A list of all exhibits which the Plaintiff intends to offer into evidence: A. The Inventory ofNaintifl; Husband. B. The Income and Expense Statement of Plaintiff; Husband. C. Any additional exhibits will be forwarded to Defendant prior to trial. 5. Thegrossincome ofthePlaintifffrom all sources including payroll deductions, recent state and federal income tax returns and pay stubs: Income and Expense Statement includes this information. 6. A listing of the expenses of the Plaintiff: Income and Expense Statement includes this information. 7. The valuation ofpensionorretirementbenefitsand acalculationofthemaritalportion thereof and the facts and documentation upon which the party relies to support the valuation: See Inventory. 8. Claim for counsel fees: The Plaintiff has made no claim for counsel fees. The Defendant has made a claim for counsel fees. 9. Tangible personal property values: The Plaintiff will testify as to the values of all tangible personal property in question. 10 Listing of marital debts: See Inventory. 1 1. The Plaintiff makes the following proposed resolution of the economic issues: A. Defendant will receive one-halfofthe marital portion,or40.9%, of Plaintiff's Commonwealth Retirement. B. Defendant will receive one-half ofthe marital portion, or the sum of $457.00 per month, of Plaintiff's military retirement which is presently in pay status. C. Plaintiffwill retain the cash value of his RcliaStar life insurance policy. D. Husband will retain possession ofthe 1995 Dodge Neon automobile presently in his possession and Wife will retain possession of the 1996 Dodge Neon automobile presently in her possession. E. Each party will retain possession of the personal items and household goods and furnishings presently in their possession and each party agrees to waive any right or interest they may have in the property of the other. F. Plaintiff will assume sole responsibility for the outstanding balance of the Members First Credit Card with an approximate balance of $8,000.00. G. Each party will waive any right to counsel fees, support, or alimony. Respectfully submitted: DALEY LAW OFFICES .,1 ara A. 13oyanowslFi, Esquire Attorney No. 68736 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff HENRY H. BARRICK, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW V. NO. 99-6683 CIVIL TERM MARILYN A. BARRICK, Defendant : IN DIVORCE INCOME AND EXPENSE STATEMENT UNDER RULE 1920.31 I hereby file the Statement of Income and Expenses required under Rule 1920.31 and verify that the information therein contained is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. By: 421IN'ti- HENRY H. BARRICK, JR., PLAINTIFF .. r° INCOME AND EXPENSE STATENIENT OF HENRY H. 6ARRICK,.IR., PLAINTIFF INCOME Employer: Commonwealth of Pennsylvania - Department of Public Welfare Address: 7th Street Harrisburg, Pennsylvania 17110 Type of Work: Caseworker Payroll Number: 129981 Pay Period: Iii-Weekly Gross Pay Per Pay Period: $1,415.25 Itemized Payroll Deductions: Federal Withholding $215.23 Social Security S 87.75 Local Wage Tax $ 14.15 State Income Tax S 39.63 Medicare Tae $ 20.52 Retirement $ 70.76 Union Dues $ 16.28 Federal Withholding Add. S 15.00 Spousal Support $398.16 Net Pay Per Pay Period $537.77 OTHER INCOME: Military Pension $1,019.45 (net monthly amount) TOTAL INCOME: $2,184.62 (net monthly income) EXPENSES MONTHLY HOME: Mortgage $492.49 Lot Rent $180.00 Maintenance & Lawn $ 20.00 Utilities: Electric $ 85.00 Gas $ 25.00 Oil $125.00 Sewer N/A Trash $ 16.00 Telephone $ 50.00 Water N/A Cable Television $ 48.00 EMPLOYMENT: Lunch $ 65.00 TAXES: Real Estate $ 80.00 Personal Property $ 50.00 INSURANCE: Homeowners Automobile(s) AUTOMOBILES: Fuel (all vehicles) Repairs/Registration MEDICAL: Doctor Dentist Medicine Special needs PERSONAL: Clothing Food Barber/Hairdresser LOANS: Credit Union MISCELLANEOUS: Newspapers/Books/Magazines Gifts Legal Fees TOTAL EXPENSES S 40.00 S 35.00 S100.00 $ 75.00 S 10.00 S 10.00 S 20.00 S 15.00 (annual expense for glasses) S 20.00 $200.00 $ 10.00 S 150.00 $ 10.00 S 50.00 $100.00 S2.081.49 COMMONWEALTH OF PA - EMPLOYE STATEMENT PAY PERIOD ENDING: 11-16-01 PAY DATE: 11_30_01 01 GROSS EARNINGS NI NUS DEDUCTIONS 1,415.25 33,234.00 VT,7: 392107580000 DEPT: 021 CDC: 42201 FED NTH T% X 00 215.23 5,002.57 EHPp: 129981 POSq: 203434 S SN: 210-40-3495 SOC SOC SEC T% SEC/WED TX 6.20000% 3 45000% 87.75 2,060.56 B/U: F4 PAY RANGE: 06 STEP: 8 LEVEL: 00 STATE NTH TX PA . 2,80000% 20.52 79.63 481.94 930 54 PUBLIC WELFARE DAUPHIN CAB - HDO LOC NG TX-RES PA 21 919 1.00000% 14.15 . 332.28 RET P/U CON STATE IMP 5.00000% 70.76 1,661.64 SUP ORDER-PA CUHBERLANO CO - DOH REL 798.16 9,555.84 UN GOES PSSU 0668 16,28 379.50 FED HTH T%-A00 15.00 360.00 HENRY H BARRICK JR 40 MT VIEW TERRACE NEWVILLE PA 17241 is STATE: PAID' BENEFITS HEALTH BENEFITS POS: HEALTH ONE 190.00 ANN HED HOSP BET IMP HLTH PROD (REHP) 135.00 LIFE INSURANCE 3.70 WORKERS COMP 33.14 SOCIAL SECURITY o? ?c PLUS NET EARNINGS: 537.77 MEDICARE 7p.52 TOTAL STATE PAID BENEFITS 470.11 PAID 'LEAVE STATEMENT 'TOTAL DIRECT DEPOSIT AMOUNT-: SERVICE CREDIT: 32 YR 2 PP PP(END rLEAVE USAGE',REPORTED HOURS PP. END BREAKOOHN. GROSS EARN 'i HOURS ?. RATE f GROSS - 11-16-01 REG SAL 75.00 18.87 1,415.25 TOTAL.GROSS EARNINGS THIS PAY $ 1,435.25 LEAYEACTIVfTY• ANNUAL • SICK PERSONAL SElIIORTTYHFORNAT ION `. BALANCE LAST STATEMENT 323.83 218.46 14.00 SOCIAL REHAB SERV NONSUPV 2,025 CREDIT DAYS ACCRUAL THIS PP 4.33 LV REPORTED THIS P 3.75 .00 P ,00 .00 ,00 IMP MILITARY OAyi 3,272 CREDIT LAYS ADJUSTMENTS .00 .00 .00 CREDIT GATE 11-16-01 BALANCE THIS STMT .328.16 222.21 14.00 .'ACCRUAL RATE .ANNUAL $ICK 5.00/. MESSAGE CENTER: LOCAL WAGE TAX COUNTY/MUNICIPALITY: CUMBERLAND COUNTY RENVILLE BORO FHT TAX GROSS: 1,344.49 200. FEDERAL. INCOJIE TAX 1V'inniOLDING Employees arc reminded to submit a new Forts TV-I, Employee YVfthholding Allowance Ceriffica tc, for 2002 if their withholding allowances love changed or will change for die new year. Those ernplnyces claiming total exemption from federal income tax withholding,just file a new %V4 with their Personnel Office each year in oN:r to continue tttatstanss. (You may clairn exemption for 2002 if you have no income tax liability in 2001 and expect to have none in 2002.) Failure to rcftle for exemption by February IS. 2003, will result in a filing stanas of single claiming tern allowances and cause tax withholding. Piling a false or fraudulent withholding exemption certificate can result in serious legal penalties. Questions cunctminG Fonn W4 should be directed to your agency Personnel Office. 'DFAA•CL PoINTOFCONTACT DEFENSE FINANCE AND ACCOUNTING SERVICE CLEVELAND CENTER PO BOX 99191 CLEVELAND, OHIO 44199-1126 r e'?U %ti J :.!-/ ? ?/{ .i ?? fit-''•' /; TOLL-FREE 1.800.321.1080 OCT 3 0 2001 COMMERCIAL (216) 522-5955 TOLL-FREE FAX 1-800-469.6559 (NOT FOR VOICE COMMUNICATION) TOLL-FREE NUMBER FOR CASUALTY REPORTING ONLY. 1.800.269-5170 ?? DEC 07, 2000 I JAN 02, 2001 TAXABLE INCOME 1 1,235.001 1,278.001 ALLOTMENTS/BONDS 210 40 3495 100. / I-, o 3?`l, g s YEAR-TO-DATE SUMMARY INFORMATION AS FOLLOWS: TAXABLE INCOME: 14,820.00 FEDERAL INCOME TAX WITHHOLDING: 1,825.20 NOTE: THESE AMOUNTS ARE FOR INFORMATION ONLY. ANY CREDITS ISSUED AFTER DECEMBER 1 FOR THE PRIOR TAX YEAR ARE NOT REFLECTED IN THESE AMOUNTS. YOUR IRS 1099-R FOR TAX YEAR 2000 WILL BE ISSUED TO YOU NO LATER THAN JANUARY 15, 2001. AYMENTADDRESS• DIRECT DEPOSIT AXES.. YOUR FEDERAL AND STATE WITHHOLDING STATUS, EXEMPTIONS AND AMOUNTS. FEDERAL WITHHOLDING STATUS: SINGLE TOTAL EXEMPTIONS: 00 FEDERAL INCOME TAX WITHHELD: 158.55 DFAS-CL 7220/148 (REV. 6.96) HENRY H. BARRICK, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW V. NO. 99-6683 CIVIL TERM MARILYN A. BARRICK, Defendant : IN DIVORCE INVENTORY UNDER RULE 1920.33 Plaintiff, Henry H. Barrick, Jr., files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. He understands that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Date: ILI By: 7 k?1^i5. ??? .) ct ,•><?. Henry H. Barrick, Jr., Plaintiff ASSETS OF PITIES PLAINTIFF, HENRY I-1. BARRICK, JR., MARKS ON THE LIST BELOW THOSE ITEMS APPLICABLE TO THE CASE AT BAR AND ITEMIZES THE ASSETS ON THE FOLLOWING PAGES. (X) 1. Real Property (X) 2• Motor Vehicles O 3. Stocks, bonds, securities and options O 4. Certificates of Deposit (X) 5. Checking accounts, cash '' () 6. Savings accounts, money market and savings certificates I O 7• Contents of safe deposit box(s) () 8. Trusts (X) beneficiaries) Life insurance policies (indicate face value, cash surrender value and curr ent () 10. Annuities () IL Gifts O 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the (tome O 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) O 16. Employment termination benefits- severance pay, worker's compensation claim/award f N M 17. Profit sharing plans 18. Pension plans (indicate employee contribution and date plan vests) 19. Retirement plans, Individual Retirement Accounts 20. Disability payments 21. Litigation claims (matured and unmatured) 22. Military/V.A. benefits 23. Education benefits 24. (X) 25. Debts due, including loans, mortgages held Household furnishings and personalty (include as a total categoryand attach itemized list if distribution of such assets is in dispute) () 26. Other i BARRICK v. 13ARRICK Date of Marriage - June 23, 1973 Date of Separation - October 9, 1999 MAR ITAL ASSETS Assets Husband's Wife's Master's Notes Value Value Value Real Estate Marital Residence: 511 Conodoguinet Avenue $0.00 $0.00 Real Estate was sold on July Carlisle, PA 17013 26, 2000. Husband had to pay $1,162.55 to cover outstanding mortgage and settlement expenses. Trailer $0.00 $0.00 Occupied by Wife and parties' daughter. Trailer was repossessed in May, 2001. Retirement Assets Commonwealth of Pennsylvania Unknown (SEAS) (Husband) Military Pension In payable (Husband) status: $1,278.00 (gross) Bank Accounts Members First Savin s Acc t Approx. Jointly owned with paramour. g oun $120.00 MARITAL ASSETS Members First Checking Account Approx. Jointly owned with paramour. $1,650.00 (Husband) Life Insurance I ING ReliaStar Life Insurance Company Face Value: $53 684 00 Value of policy as of (Husband - Insured) , . Cash September 28, 2001. i Surrender ` Value: $1,067.09 Automobiles 1995 Dodge Neon (Husband) Approx. In possession of Husband. $3,500.00 1996 Dodge Neon (Wife) Approx. In possession of Wife. $4,500.00 1993 Saturn Approx. Husband co-signed with $2,500.00 parties' daughter to purchase. Car was repossessed for non- payment. Husband purchased car to settle balance. Husband had to expend approximately $734.00 to have car inspected. Miscellaneous Household Goods and Furnishings Nominal Parties have already equally divided these items to their mutual satisfaction. Debts Members First Credit Card $8,205.68 Balance of credit card as of November, 2001. A Settlement Statement U.S. Depadm0nt of Housing FINAL .. . 0kln Nn 95n2.09AS I. QFILT 2. 0FmIIA 3. OCD... Ven, 4. VA S. cane. m+. G. File Rumbl'r ]. L..n Numhr LT-10977 S. Mnnga6e lnsumnce C.Se Smnber eD.f:.,r:ea=icon.r.e'.oiamc:nedauro.i:vp'n'.`mown ?e.i ni+.r°Ta'.m :>Da{n.'w ?e',ru'ne?'e gym: ore. C. Nate: \\amilN6 nna[nmplar^w'n['ITYe4'.\e )w'wAls Te.m Or S1 nIM'n)miY•ryT.DNAn Lm mclvCe rrfne TE Yw ry.m,nl. rV d,fHa i r 1F* is rfl u Vs 5 CIXw 5!a]M.w1,M Stt1an 1010. U NASIFOF BORROWER: SNYDERS, LIT. ADDRESS: ii. NAME: 01' SELLER: HENRY 11. BARRICK and11ARILYN A. BARRICK ADDRESS: K NAME OF LENDER: ADURIiSS: G. PROPER'll ADDRESS: 511 CONODOGU1NET AV ENUE, CARLISLE, PA 17013 I MIDDLETONTOWNSHIP I I.SBr1LEMENTAGE:.-T: Lebanon Land Transfer Co., Inc., Telephone: 717.533-7211 Fax: 717.533-7153 PI.\CE OF 5I.ITLG\tE\T: 1029 Scenery Drive, I IaOisburg, PA I. sim I.ES1E\T DATE: 07262000 J. SUMMARY OF BORROWER'S TRANSACTION: K. SUMMARY OF SELLER'S TRANSACTION: 100. GROSSAMOUNT DUE FROM BORROWER 400. GROSS AMOUNT DUE TO SELLER: 101. Canaan .1. Acc 69 000.00 40L cemmele.+leskn 67, a00.00 IN, PmA.;P .d 02, Penwl Pro 1 led, Snnlunanl char es to .onoxel lr 1400 1 350.75 403. 0 404. p5 405. Atluslmenls for Items mdby ScUo, nadvance Ad'usmonts for items paid by salter i n advance IN. CI amnwes Am, cnnm..W)' 107. Can ums 07/26/2000 to 12/31/200 66.79 407. Count inns 07126/2000 1. 12/31/2000 66.79 108. Sd1o.ITmes 07/26/2000 m 06130/2001 531.57 408. School Ta)as 07/26/2000 to 06/30/200 531.57 109 409 110. 410. 111. 411. 112. 412. 120. GROSS AMOUNT DUE FROM BORROWER 68, 949.11 420. GROSS AMOUNT DUE TO SELLER: 67 598.36 209. AMOUNTS PAID BY OR ON BEHALF OF BORROWER 500. REDUCTIONS IN AMOUNT DUE TO SELLER 201. cv v«r e.m.st mane 5000.00 501. ER,s'oc mfee lmeucil. 202. Pllrw al.naunt.1 nc^4' l.. s 502. SvnIk, enldu esb w'Iar I1a 1400 1,325.91 203. EabS la s taken su Mto 03. E.is;i ba s bYa nA'm11o W4. 504. Pa Mot Fat Malang, L,ln 67 435.00 CITIMORTCAGE INC. 205. 505. Pa Y..1 Seea0 Mae1 a eLaan X16. 500. 207. 507. 208 me 209. 500. Adjustments for items unpaid bsell er Adjustments for items unpaid bsell er 210. Cn Ibxnu)m slo C nova W., 211. Cant ums 511. Caw" M'm 212. Scr'a.ITmas 512. School T.ms 213. 513. 214. 514. 215. 515. 216. 516. 2t7. $V. 210. 518. 219. 519. 220. TOTAL PAID BY7FOR BORROWER 5,000.00 520. TOTAL REDUCTION AMOUNT DUE SELLER 68 760.91 300. CASH AT SETTLEMENT FROM OR TO BORR OWER 600. CASH AT SETTLEMENT TO OR FROM SELLE R 301. Gmm..1 due from lonoxer Q. 120 6B 949.11 601. G2e9 aTYYniLW 1a )eL'0l IIM 42O 67 598.36 302. Leas arrounts 1eb n.. bmrvea tiro 22d 5 000.00 02 Lesamd.I1. amount due seller tiro 520 68 760.91 303. CASH FROM BORROWER 63 949.31 603. CASH FROM SELLER 1,162.551 SVbllRUIa TGl1m IW2 SELLERSTATEN44i: rn mvmpuolrmu..e.nepaa mDV+eer w..IroT.:m ma.DmptumuwommpnlmnRen e Srrce X auerecuved lerae a n;um, anepgerve Der'.;yannnfanamwa Oe pname4mywa W 1nm NrePUN 1.esmYm Al. me m5amm?nef ma:4 nef rW Deen rep.ta. Tn.CMVaq Sa?m(Me<ne.ceO tll DneaOl aDmafoV4u;ea Na Grm1F0[Mdf.f aauM. , SELLERa51RUCTMS 11 mr)reL m;alexagaa Drnepatrm0en«ILFO'm]Ilp. SYeV6Na+yd Mrc.al ReeeeKe,WNYpanvcm PaaNmne ur rn'.mad gnavawc4rvla. WnWle nw aaD\utle DMf d Fvm 41pl.Imm@57 a'+da6TNU'e alc.m IOa01. rw narewirHeyW mp b. IneRl P1A5 .e1 y,arr 1. DalnCMl?Yll.wllNnen. nyw «rd pr.A«ywmrwu,aa\n eml.w:m amw.yw T.l .e wee *. 1. m wlvcmnn Dmn...DmaD.ybx. Ihce Dnatm rl DVPY•ICennylmm?e n)TpnsnMn en ln+nmennlnmYruretl uraaYV keN<,;mevnDn. TIN' / SELLER(S)SIG44TUREISI. SELLER(S) NV. VAUNG ADDRESS'. LtlDE.p:ess Srtiement System I'nmcd 0112411000 m 15.04 t?,7°'a7.?gd- ? ter!-4/1 ni tmeaii:?mma u eM?i ?/? na'4o?eorm n. m,<a.e scorn. aces ?enva•we?. i:a.e?+.+.a ".:+n.+. ?.•n am a+w.+w h?fUL 7..26 90 ... u.. nn.Fa.+m m. u.?:ea s•umm?sv.• cr rra:mum m+.emn+.wveva rMe au..v+?..-?? rv am.?..... r.r..e v.s eoe. s..ym:la:wrsrra•m•o:-o.•. o Ti0eExpmss ScItI mml System Pomed 07044000 ut 15.W NEV. 111:1)10 .941 1 1900. TOTAL SETTLEMENT CHARGES !e?•.•on Ines 10] 5 WJ M;A25 HI 1,350.75 1,325.91 MW Louise Drive Member's Account Number From TO Page PO Box 40 ? ?? ? . Mechanicsburg, PA 17055 Statement 118831 11-01-01 11-30-0Ell of 2 www.membemist.org of Account *EDERAI, CRF.DII UNION Main Switchboard: (117) 6071101 or (800) 2832728 Call-24: (717) 6074772 or (800) 2834772 Too: (?17) 6975712 or (800) 2832728 ext. 5312 TeleBranch: (117) 795.6040 or (BOO) 237.7288 IIIIII I III IIIII I I Is r III IIIII II[I IIII oil [III IIIIII I I I Ir 1 III III I 17797 HENRY H BARRICK JR 40 MOUNTAIN VIEW TERRACE NEWVILLE PA 17241 UA HAPPY HOLIDAYS FROM MEMBERS 1ST FEDERAL CREDIT UNION. :TRANS DATE EFF. DATE TRANSACTION DESCRIPTION` AMOUNT - BALANCE: SUFFIX:00 SAVINGS 45 1019 787.26 1806 71 110101 OFAS-CLEVELAND . 45 -1019 . 787.26 110101 110201 OFAS-CLEVELAND PA TREASURY DEPT . 537.77 1325.03 110201 PA TREASURY DEPT -537.77 787.26 110901 ROSS STORES, INC 356.01 -1024 93 1143.27 118 34 110901 TFR TO SHARES 118831-11 . 36 57 . 154.91 111501 PA TREASURY DEPT . -36 57 34 118 111501 PA TREASURY DEPT . 77 537 . 11 656 111601 PA TREASURY DEPT . 77 -537 . 34 118 111601 PA TREASURY DEPT . . 35 474 112101 ROSS STORES, INC GH+?i cl./r 7-e . 1012 12 113001 113001 PA TREASURY DEPT PA TREASURY DEPT ly()/pl -537.77 . 474.35 113001 DIVIDEND .68 475.03 JOINT OWNERS: TAMIE LIN FENICLE Y-T-D DIVIDENDS: 2.86 TRUTH IN SAVINGS INFORMATION ANNUAL PERCENTAGE YIELD / 2.00% ANNUAL PERCENTAGE YIELD EARNED / 2.01% --- ------ ------------------------------------------------------ SUFFIX:ll CHECKING ------------ --- BEGINNING BALANCE 444.21 DEPOSITS 3694.51 DRAFTS 981.60 TOTAL NUMBER DRAF S CLEARED 6 DEBITS/FEES 1865.54 MAINT/SERVILE CHGS .00 YOUR AVG DAILY BA ANCE WAS 1589.66 ENDING BALANCE 1291.58 YOUR LOW MONTH BA ANCE WAS 444.21 110101 PAYROLL ALLOCATION FROM 118831-00 1019.45 ? 1463.66 110201 PAYROLL ALLOCATION FROM 118831-00 537.77 2001.43 110301 SHARE WITHDRAWAL -200.00 " 1801.43 110301 POINT OF SALE 1103068742 -106.17 - 1695.26 BLDG 851 CARLISLE BRKSPACARLISLE BKS C 110401 POINT OF SALE 1104006672 -9.00 X1686.26 1900 RITNER HIGHWACARLISLE PASHEETZ 11263 1106 110301 POINT OF SALE 45892 -32.34 ' 1653.92 AAFES CARLISLE BARACKS CARLISLE PALS 110601 POINT OF SALE 1106009567 -33.66 - 1620.26 1180 WALNUT BOTTOMCARLISLE PAKMART 110701 POINT OF SALE 1107006377 -9.50 1 1610.76 1900 RITNER HIGHWACARLISLE PASHEETZ 11263 1108 110701 1139 1107012478 SHARE DRAFT 1( -180.00 ? 1430.76 1109 110801 , SHARE DRAFT NN 1141 1108011952 -86.00 1344.76 110901 TFR FROM SHARES 118831-00 1024.93 a 2369.69 111001 EASY WITHDRAWAL -100.00 2269.69 111001 POINT OF SALE 1110008791 -112.61 2157.08 BLDG 851 CARLISLE BRKSPACARLISLE BKS C NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION. t feY1liJei'SI sT 12794 Aeeount Numher From To `Pogo ` ?.a }ICI FEDERAL cergrr cntDN• 1188311 11-01=G1 11-30-0112 of 2 DATE I DAEFF. TE I TRANSACTION DESCRIPTION AMOUNT.:. -BALANCE 11311110 PDIN 0 A 2329 - 2080.66 11130 11150 11150 11150 1116 11150 11160 11170 11170 1119 11180 1120 11190 11200 1122 112101 112301 112301 112301 112401 112401 1125 112301 1126 112301 112601, 112601 1127 112601 1128 112701 112801 113001 113001 rt k is is :: , MONRO MUFFLER #250 CARLISLE PAUS DIRECT DEPOSIT REG-E TRANSACTION WASHINGTON NAT'L PAYROLL ALLOCATION FROM 118831-00 DIRECT DEPOSIT REG-E TRANSACTION ADAMS ELECTRIC D DIRECT DEPOSIT REG-E TRANSACTION AAA LIFE SHARE DRAFT # 1143 1115004938 PAYROLL ALLOCATION FROM 118831-00 ATM WITHDRAWAL 1117130333 844 POST EXCHANGE CARLISLE PA POINT OF SALE 1117065598 BLDG 851 CARLISLE BRKSPACARLISLE BKS C POINT OF SALE 1118008400 1900 RITNER HWACARLISLE PASHEETZ #263 SHARE DRAFT # 1140 1119012674 DIRECT DEPOSIT REG-E TRANSACTION DRAFT # 1142 1121022921 OF SALE 1123369810 056MECHAN11886 PAWAL Wal-Mart S OF SALE 1123028719 CARLISLE P I KEMECHAN I CSSURGPAKMART OF SALE CARLISLE IKEMECHANICSBUR PASHEETZ #1951123000488 OF SALE 1124055054 851 CARLISLE BRKSPACARLISLE BKS C OF SALE 1124084664 18 N HAN CARLISLE PA1009239 OF SALE 13918 FABRIC #0404 CARLISLE PAUS OF SALE 32738 00042754 ME CHANICSBURGPAUS OF SALE 1126006663 21TNER HIGHWACARLISLE PASHEETZ #263 r DEPOSIT REG-E TRANSACTION nF qAI F 1145 7195015609 :TWORK SAT TV SRV 800-333-DISH COUS REG-E TRANSACTION ARS PL-ABS .L ALLOCATION FROM 118831-00 5 REBATE -19.3 36.5 -58.6 -4.3 -112.5 537.7 -240.0 -79.2 -6.0( -492.45 -153.OC -40.75 -273.83 -56.01 -7.00 -75.09 -7.50 -25.00 -27.23 -6.00 -65.53 -34.4 537.7 AMOUNT NO. AMOUNT NO. AMOUNT NO. 180.00 1141 86.00 1143 112.50 *1145 492.49 1142 40.75 TOTAL: JOINT OWNERS: TAMIE LIN FENICLE Y-T-D DIVI DENDS: .00 TRUTH IN SAVINGS INFORMATION ANNUAL PERCENTAGE YIELD / 1.00% FOR 2001 IRA YTD is OTHER YTD TOTAL YTD is TOT L YTD DIVIDENDS DIVIDENDS DIVIDENDS WITH OLDING .00 2.86 2.86 .00 1' 2061.36 2097.93 2039.31 2034.96 1922.46 2460.23 2220.23 2140.94 2134.94 1642.45 1489.45 1448.70 . 1174.87 1118.86 1111.86 1036.77 1029.27 1004.27 977.04 971.04 905.51 r 835.65 787.97 - 753.56 1291.33 1291.58 1 A A 981. L YTD EITURES .00 I NG D Reliatitar Life Insurance Cumpaal' P.O. Box 5011, d moor. North Dakota iS702-i01I HENRY H BARRICK 0129JR ADD UKN 12/26/2000 M'I VIEW TERRACE LOT 40 NEWVILLE AL 17241 four Registered Representative ROBERT B PRESTON 119 W BALTIMORE AVE STE 9E LANSDOWNE PA 19050-I8i9 610-622-5570 Basic Policy Information Insured: HENRY H BARRICK 0129JR Policy Dale: 04-17-98 Date of Birth: 05-28-51 Death Benefit Option Variable Issue Age: 46 Minimum Monthly Premium for Sex: Male the Death Benefit Guarantee: S70.06 Tax ID Number: 210-40-3495 Planned Periodic Premium: $100.00 Plan Name Select*Life II Bill Frequency: Monthly Premium Class Standard Do you know how estate-lax reform impacts your estate? Call your financial professional and learn what recent legislation could mean for you. QUARTERLY POLICY SUMMARY Individual Flexible Premium Variable Life Insurance Period: Judy I, 2001 - September 2S, 2001 Policy Number: S7-095-035 Policy Owner: HENRY 11 BARRICK 0129JR Quarterly Account Summary Period: July I, 2001 Beginning Accumulation Value Premium Payments Premium Expense Charges Cost of Insurance Charges Monthly Expense Charges Withdrawals Policy Performance Ending Accumulation Value - September 28, 2001 $2,564.14 $300.00 515.00- S98.88- S30.41- $0.00 $230.13- $2,489.72 * Monthly Expense Charges reflect the total charges during the quarterly period, which are deducted on a monthly basis. Policy values Face Amount Death Benefit Accumulation Value Outstanding Loan Balance Cash Surrender Value Beginning Value July 1, 2001 $53,684.00 S56.248.14 S2,564.14 SO.00 $1,141.51 Ending Value September 28, 2001 S53,684.00 $56,173.72 S2,489.72 0.00 51,067.09-• - The Beginning Value column reflects values as of the close of the prior business day for the dale shown. The Ending Value column reflects values as of the close of the business day for the date shown. - Accumulation Value is the total value which equals the suns of the Variable Accumulation Value (the total of the values in each Sub-Account of the Variable Account) and the Fixed Accumulation Value(the value in the Fixed Account) and any associated value in the Policy Loan Account - Cash Surrender Value is the Accumulation Value less any Surrender Charge, less any Loan Amount - The Death Benefit does not reflect Accidental Death or reduction for Accelerated Benefit Rider lien amounts, or riders insuring the primary insured. Cost of Insurance Charges includes rider charges, if any. - Withdrawals includes withdrawal charge. The Death Benefit Guarantee will remain in force until the insured reaches age 65 (or five policy years, if longer), if on each monthly anniversary the total premiums paid on the policy, less any loan amount, equals or exceeds the total required minimum monthly preutiuut payments specified in your policy. ING NIINO'I' SERVICE. CE FER Nationwide 1-877-886-5050 Ff SEND INOUJAIES TO CUSTOMER SERVICE CLOSI':G DATE CARD NUMBER CLIMT AVCREDIIT PD BOX 30495 TAMPA FL 33630 11/26/01 4121 4499 9118 8314 9000 794 (717) 795 6032 REFERENCE NUMBER MCC CODE POSTING nATF iNANS DATE DESCRIPTION AMOUNT 24610431319004063286097 7538 11 16 1 14 MONRO MUFFLER 0250 663.78 1 CARLISLE PA ---------------------------- ---- PAYMEN S, AD USTMEHTS AND OTHERS ------------------- ------------ 744285e,1320 1 0000 11 18 1 18 ACH PAYMENT - THANK YOU 153.00- 11 M • ¦ ¦ ¦ i IT IS NOT NECESSARY TO MAIL YOUR PAYMENT. A DEBIT TO YOUR CHECKING / SAVINGS ACCOUNT FOR 165.00 WILL BE INITIATED ON 12/21/01, PER YOUR AGREEMENT WITH US. M i ¦ i TO REPORT A LOST OR STOLEN CARD PLEASE CALL: BOD-325-3678 LST STLN AFTER HRS 717-795-6032 MEMBERS 1ST F.C.U. TO OBTAIN ACCOUNT INFORMATION 24 HOURS A DAY CALL: 800-299-9842 i THE HOLIDAY SHOPPING SEASON IS APPROACHING! THE AMOUNT OF CREDIT AVAILABLE FOR YOUR USE IS SHOWN ABOVE. AVERAGE DAILY BALANCE PERIODIC CORRES FINANCE ANNUAL ACCOUNT SUMECT TO FNANCE CHARGE- RATE APR CHARGE PERCENTAGE RATE SUMMARY CURR PURCH 7764 so 8250% 90% 9 64 06 • PREVIOUSSALAN^E 84 7630 CURB CASH 0:0 0 . 8250% . 90% 9 . 0 00 MINIMUM PAYMENT PURCHASES . 663 78 00 PREV PURCH 0 . 8250% . 9 90% . 0 00 DASH . 0 00 . 00 PREV CASH 0 . 2417% . 90% 2 . 0 00 PAS" DUE CREDITS . 0 00 . OLD PURCH 0 00 . 8250% . 90% 9 . 0 00 PAYMENTS . 153 00 . 00 OLD CASH 0 . 5750% . 90% 6 . 0 00 OVERLIMIT AND FEES INSURANCE . 0 00 . CASH FEE . . . O OO OTHER CHARGES . 0 00 DAYS N CYCLE 0 A L . 0 TOTAL MIN PAYMENT FINANCE CHARGE . , 165.00 NEV/BALANCE 8205.68 FINANCE CHARGE CALCULATION METHOD* CREDIT PURCHASES: G CASH ADVANCE: A 'SEE REVERSE SIDE FOR EXPLANATION ' C 4 NOTE: IF YOU HAVE A VARIABLE RATE ACCOUNT THE PERIODIC RATE AND ANNUAL PERCENTAGE RATE (APR) MAY VARY. i C - NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION AND BILLING RIGHTS SUMMARY ©t .) E + i ?y ? ?:? ?. -':; •? . _ ?? HENRY H. BARRICK, JR., : IN TIIE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW V. NO. 99-6683 CIVIL TERM MARYLYN A. BARRICK, Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Henry H. Barrick Jr., Plaintiff, moves the Court to appoint a Master with respect to the following claims: (X) Divorce ( ) Annulment (X) Alimony ( ) Alimony Pendente Lite and in support of the motion states: (X) Distribution of Property () Support (X) Counsel Fees (X) Costs and Expenses 1. Discovery is complete as to the claims for which the appointment of a Master is requested. 2 The Defendant has been represented in the action by Johnna J. Kopecky, Esquire, SAIDIS, SHUFF, FLOWER & LINDSAY, 26 West High Street, Carlisle, Pennsylvania 17013. 3. The statutory grounds for divorce are: 3301(a)(6), 3301(c) or 3301(d). 4. Check the applicable paragraph(s): () The action is not contested. O An agreement has been reached with respect to the following claims: (X) The action is contested with respect to the following claims: Divorce, Equitable Distribution of Property, Alimony, Counsel Fees, and Costs and Expenses. 5. The action does not involve complex issues of law or fact. The hearing is expected to take one-half day. Respectfully submitted, DALEY LAW OFFICES Date: _ IR- RA -GI on ,uAl 5ara A. Boyanowski, ES?uire 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff AND NOW, i?.ti?b*. Oita. 200?L , ?? /ci=?i!•tf/-'tiC?rt c / . Esquire, is appointed maj(er with res U ct to the following claims: Divorce, Equitable Distribution of Marital Property, Alimony, Counsel Fees, and Costs and Expenses BY THE COURT: T I1 7. Additional information, if any, relevant to the motion: None , , , -?, .. . .-?,. : , I IENRY 1-1. BARRICK, .IR., : IN TI If--' COURT OF COMNION PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PlaintilT MARILYN A. BARRICK. : NO. 99-6683) CIVIL TL'•Rlvt Defendant : IN DIVORCE NOTICE TO PLEAD TO: Ilenry 1-1. 13arrick,.lr. CYO Cara A. Boyanowski, Esquire 1029 Scenery Drive Harrisburg. PA 17109 You are hereby notified to plead to the enclosed Answer and Counterclaim within twenty (20) days from service hereof, or a defauhjudgment may be entered against you. Date: /,I ; SAIDIS, SIIUFF& MASLAND 13y: r Johnlu'J. Dei]5(1 u. ; Supreme Ct. LD. #503 147 26 West High Street Carlisle, PA 17013 (717)243-6222 Attorney for Defendant SAIDIS, SHUFF & MASLAND ATr0MM-AT•IAW 26 W. High Street Carlisle, PA HENRY H. BARRICK, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-6683 CIVIL TERM MARILYN A. BARRICK, CIVIL ACTION - LAW Defendant IN DIVORCE SAIDIS, SHUFF & MASLAND ArMRSTIT•AT•IAW 26 W. With Street Carlisle. PA ANSWER AND COUNTERCLAIM AND NOW comes the Defendant-, Marilyn A. Barrick, by and through her attorneys Saidis, Shuff & Masland, and respectfully avers the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6.A. Admitted in part; denied in part. It is admitted that the marriage of the parties is irretrievably broken; however, it is denied that at this particular time that Defendant will be filing an Affidavit of Consent. B. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. l it WHEREFORE, The Defendant requests Your Honorable Court to enter a decree in divorce under the grounds in the Counterclaim. i l; ?I COUNTERCLAIM I? j II 11. The Defendant alleges that in violation of his marriage vows, the Plaintiff has and did,over a period of time in Cumberland County and other places, offered such +j indignities to the person, the Defendant to render her condition intolerable in life and burdensome. l 12. The Defendant alleges that in violation of his ?j marriage vows, Plaintiff has and did, over a period of time in fl Cumberland County, committed adultery. ji g WHEREFORE, the Defendant requests Your Honorable Court to Ij enter a decree in divorce on these fault grounds. I COUNT II EQUITABLE DISTRIBUTION 13. No response is required. 14. Admitted. SAIDIS, SHUFF & 15. Admitted. MASLAND ArMRNTIT-ATIAW 26 W. Hlgh Street Carlisle, PA 2 r M Mid - - WHEREFORE, Defendant This Honorable Court to equitably divide all marital property. COUNT III ALIMONY 16. Defendant lacks sufficient property to provide for her reasonable needs and is unable to support herself through appropriate employment. 17. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 18. Plaintiff is financially able to provide for the reasonable needs for the Defendant. WHEREFORE, the Defendant requests Your Honorable Court to enter an award of alimony pendente li.te until final hearing and permanent alimony thereafter. COUNT IV COUNSEL FEES, COSTS AND EXPENSES SAIDIS, SHUFF & MASLAND AMRNTI1•AT-1AW 26 W. High Street Carilsle, PA 19. Defendant has retained the services of Saidis, Shuff & Masland and the counsel fees, costs and expenses for 3 representation in this action will be substantial and continuing. 20. Defendant is without sufficient funds, income or assets to pay such counsel fees, costs and expenses. WHEREFORE, the Defendant prays that this Honorable Court enter an award for preliminary and interim counsel fees, costs and expenses and to enter a final award of counsel fees, costs and expenses. Respectfully submitted, SAIDIS, SHUFF & MASLAND Date: By: J Johnna J. De' y, Es uire Suprer(e Court ID ' 53147 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS, SHUFF & MASLAND Ar ORNMYS•Ar•uw 26 W. IfIgh Street Carllnle. PA 4 VERIFICATION SAIDIS, SHUFF & MASLAND ATTORIMYS•ANAW ail 26 W. Iligh Street Carlisle, PA I verify that the statements made in this Answer and Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 9909, relating to unsworn falsification to authorities. Dated: Mdrily A. Barrack, Defendant HENRY H. BARRICK, JR. Plaintiff MARILYN A. BARRICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA mo. 99-6683 CIVIL TERM CERTIFI TE OF SERVICE On this day of '71 C- " , 1999, I, I _ hereby certify that I served a true and correct copy of the foregoing Answer and Counterclaim via United States Mail, postage prepaid, addressed as follows: SAIDIS, SHUFF & MASLAND ATTO%%TVS•AT•LAW 26 W. High Street Carlisle, PA Cara A. Bovanowski, Esquire 1029 Scenery Drive Harrisburg, PA 17109 SAIDIS, SHUFF & MASLAND Bye 11 JLU 0.1 OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717)240-6535 E. Robert Elicker, II Divorce Master Traci Jo Colyer Office Manager/Reporter January 17, 2002 Cara A. Boyanowski Attorney at Law DALEY LAW OFFICES 1029 Scenery Drive Harrisbur_, PA 17109 West Shore 697-0371 Ext. 6535 Johnna J. Kopecky Attorney at Law SAIDIS, SI-IUFF, FLOWER &C LINDSAY 26 West 1-li=h Street Carlisle. PA 17013 RE: Henry 1-1. Barrick, Jr. No. 99-6653 Civil In Divorce Dear Ms. Boyanowski and Nls. Kopecky: vs. Marilyn A. Barrick Both counsel have certified that diSCOVU-y iS complete. A divorce complaint Was filed on Novembei-4, 1999, raising grounds I-ordivorce of irretrievable breakdown of the marriage. The complaint averred that the patties separated October 9, 1999, a period in excess of bvo years. I assumle sroundS for divorce are not an issue and if we do not have mutual affidavits and waivers, we can proceed under Section 3301(4) of the Domestic Relations Code. "rhe complaint raised the economic claim of equitable distribution. The Defendant filed a counter-Claim on December 7, 1999, raiSing additional ceonotnic claims of alimony and counsel fees and expenses. In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Friday. February S, 2002. Upon receipt of the pretrial statements, I will immediately schedule a pre-hearing conference with counsel to discuss Nis. Boyanowski and Ms. Kopecky.Aluxneys at Law 17 J:uILlary 2002 Pale 2 the issues, and if necessary, schedule a hearing. Very truly yours. E. Robert Elicker. II Divorce Master NOTE: Sanctions for failure to file the pretrial statements arc set forth in Subdivision (c) and ((l) of Rulc 19203;. THE ORIGINAL PRETRIAL STATEMLNI' SHOULD 13E FILED IN "rI IE MASTER'S OFFICE AND A COPT' SENTDIRECTLY 1*0 OPPOSING COUNSL-"L. FAILURE TO PILE 131ZETIZIAL STATEMENTS AS DIRECTED BY THE MASTER i`IAY RESULT IN THE MAST'ER'S APPOIN'rMENI' BEING VACATED. Jn?Iis D. r•LOIVEIt Jol IN 1:. SLIKIE ROBERT' C. SAIDIS GP.OITREY S. SII U IT JA\IPS D. PLOI61EPs, JR. CAROL J. LINDSAY JOI INNA J. KOPECKY KARL M. LEDI:BOI IM JOSEPI I I.. I I ITCI-I I NGS THOMAS E. PLOWER 1'ORRESI' N.'rROUI'\IAN, II LA%V OI:I:ICI:S SAIDIS, SHUFF, FLOWER & LINDSAY A PROI'IE5510NAI.CORPORA"r1ON 26 WEST LHGII snuff r CARLISLE, PENNSYLVANIA 17013 "I'IiLlil'I IONIE: (717) 243-6222- I'ACSIMILE: (717) 2.13.6486 IE\IAlk allorne\•=1ss11-Iaw.cnm ?cwu•ss(I-Lretmm January 14, 2002 Robert Elicker, Esquire Divorce Master 9 N. Hanover St. Carlisle, PA 17013 Re: Barrick v. Barrick No. 99-6683 Dear Bob: WEST SlIOREOITICE: 2109 MARKET SI'REIi'I' CAMI, I JILL, PA 17011 '1'IiLIiPI [ON[--: (717)737-3405 FACSIMILE: (717)737-3107 RULY'ro CARLISLE I am enclosing the certification that discovery was complete for the above-captioned matter. My client currently lives in Mississippi, and sometimes it is difficult getting in touch with her. I will be preparing an Inventory and Appraisal, and will include all of the information as my client perceives it with our pre-trial statement once they are ordered. For scheduling purposes, as my client has also been quite ill, perhaps we can advise if v.? • at least parr of n] r ,^,'`?.. +._ ?c .?. h-.;e to appear per°Q.^., ..-. ..l.rl J_- .. conference by teleconference. Very truly yours, SAIDIS, SNUFF, FLOWER & LINDSAY (? ,/frJ Johnna? Y`N, Dictate' but not read JJK:rlm cc: Marilyn A. Barrier. - J/1 iJ 0 HENRY H. BARRICK, JR., Plaintiff VS. 7-'"RILYN BARRICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 6683 CIVIL IN DIVORCE TO: Cara A. Boyanowski Attorney for Plaintiff Johnna J. Kopecky Attorney for Defendant DATE: Tuesday, January 8, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required chat is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. r? ?, .HOC+1 -Y DATE COUN8'ZL FO PLP. _IFF ( ) COUNSEL FbR DEFENDANT (x) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PEATY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. i[E^iRY iF. BARRICF, JR. Plaintiff VS. i•iJiR:FLYb! A . BARRIC[i, Defendant. I'O: Cara A. BoyanOWs}:i Johnna .'.. i.OpGci:y COU[2T OF CO:•i:Ob[ PLEAS 0I° ??:v ';;r r•i)Ui'i'?,Y r'civri<;':LVA:?`Ii?. '1:0. 99 - u693 CIV!L IN DIVORCE Att02-rley for P'1. cv ilai ff [DATE: `T'uesday, January 9, 2002 CERTT_ FICG:TION certify that disCOVerv' 1s Co7Rplece as to the CIaj7nS for whicli the i4aster has been appointed. OR IF DISCOVERY IS NOT COMPLETE: [(:} 04i-ilife iat intOfMat- ior. :.s Leqt+i?eG 1: -at is : co noiete in order to prepare the case for trial and indicate %:;hether there are any outstanding interrogatories or discovery motions. ,l 1.` (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE ?-? _ ?C?.•1? LI??LL COUNSEL FOR PLAINTI+ FF (?) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COU14SEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE M.ASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A P:.RT`i NOT REPRESENTED, CERTIFY THAT DISCOVER': IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE KLASTER' S OFFICE WITHIN 16+10 (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. HENRY 11. BARRICK, JR., Plaintiff/Petitioner V. MARILYN A. BARRICK, Defendan l/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-6683 : CIVIL ACTION -LAW : IN DIVORCE RULE TO SHOW CAUSE TO: MARILYN A. BARRICK, Defendant/Respondent AND NOW, this day of 2000, upon receipt of the Petition for Special Relief, a Rule to Show Cause is issued upon Defendant/Respondent to show cause, if any she has, why the relief requested therein should not be granted. This Rule is returnable days from service. BY THE COURT, J. 71 J HENRY H. BARRICK, JR., Plaintiff/Petitioner V. MARILYN A. BARRICK, Defendant/Responderrt : IN THE COURTO(' COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6683 : CIVIL ACTION-LAW : IN DIVORCE ORDER OF COURT C AND NOW, this 14 day of 2000, upon consideration of the attached Petition for Special Relief, IT IS HEREBY ORDERED AND DECREED that a hearing concerning the Petition for Special Relief shall be held on the J7-,-L day of -J) 2000, at /:3n o'clock fl M. in Courtroom No. _.?L of the Cumberland County Courthouse, High and Hanover Streets, Carlisle, Pennsylvania. BY THE COURT, j n,? UCH fS }J ?j HENRY 11. BARRICK, JR., Plaintiff/Petitioner V. MARILYN A. BARRICK, Defendant/Respondent : IN THE COURT OF CONINION PLEAS : CUi\'IBEIZLr\ND COUNTI', PENNSI'LVANIA NO. 99-6683 : CIVIL ACTION -LAW : IN DIVORCE ORDER OF COURT AND NOW, this day of 2000, upon consideration of the attached Petition for Special Relief, IT IS HEREBY ORDERED AND DECREED that Defendant/Respondent shall: A. Execute the sales agreement between Plaintiff/Petitioner, Defendant/Respondent, and Steve Shaenr, Buyer, for the sale of the real property located at 51 1 Conodoguinet Avenue, Carlisle, Pennsylvania; B. Fully cooperate and execute whatever documents are necessary to effectuate the sale of the real property; C. Upon the sale of the ]ionic, distribute the proceeds of the sale in such a fashion as to satisfy any remainingjoint debts of the parties and deposit any remaining monies into an escrow account until all equitable distribution matters in this case are finalized; and D. Requiring Defendant/Respondent to pay Plaintitl7Pctitioner's attorney roes in the amount orS500.00. BY THE COURT, J. i HENRY H. BARRICK,.IR., Plaintiff/Petitioner V. MARILYN A. BARRICK, Defendant/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6683 : CIVIL ACTION-LAW : IN DIVORCE PETITION FOR SPECIAL RELIEF PURSUANT TO 23 Pa C.S.A. 43323(8 AND NOW, comes the above Plaintiff/Petitioner, Henry H. Barrick, Jr., by his attorney, Cara A. Boyanowski, Esquire, and avers the following: The Plaintiff/Petitioner is Henry H. Barrick, Jr., an adult individual with a mailing address of P.O. Box 1 163, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Defendant/Respondent is Marilyn A. Barrick, an adult individual who resides at 144 Tower Circle, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties were married on June 22, 1973, in Clarksville, Tennessee. 4. The Plaintiff/Petitioner filed the instant divorce action on November 4, 1999, containing a claim for equitable distribution. 5. The parties are the owners of real property, located at 51 1 Conodoguinet Avenue, Carlisle, Cumberland County, Pennsylvania, as tenants by the entireties. 6. On October 9, 1999, Plaintiff/Petitioner removed himself from the marital residence. On or about November 1, 1999, Defendant/Respondent also removed herself from the marital residence. At the present time, the real estate is vacant. 7. The marital home is subject to a mortgage from Source One Mortgage Services Corporation, with an approximate balance of $65,000.00 and having a monthly payment of approximately 5545.00. Plaintiff/Petitioner believes the present value ofthe real estate to be no more than 566,000.00. 8. Plaintiff/Petitioner is employed on a full-time basis with the Conunonweallh of Pennsylvania and receives military retirement income. His net earnings per month are $2,903,15. 9. Defendant/Respondentisemployedaldte Carlisle Barracks Cominissaryand receives minimal income. 10. BY Court Order, dated December 9, 1999, Plainti(tyPelitioner was directed to pay to Defendant/Respondent the sum of $416.99 bi-weekly in spousal support. 11. In January, 2000, Plaintiff/Petitioner informed Defendant/Respondent that he was financially unable to meet his current living obligations, his monthly spousal support obligation, and the monthly mortgage obligation on the marital residence, and that file property should be sold. 12. Counsel for Plain tiff/Petit ioner contacted counsel for Defendanl/Respondent, in a letter dated January 5, 2000, regarding the showing of the marital residence and the existence ofan interested buyer. A copy of the letter, dated January 5, 2000, is attached hereto and incorporated herein as Exhibit "A." 13. Counsel for Plaintiff/Petitioner received no reply to the January 5, 2000 letter. 14. Counsel for Plaintifl%Petitioner again contacted counsel for Defendant/Respondent, in a letter dated February 3, 2000, regarding the receipt of an offer on the marital property for $66,000.00. A copy of the letter, dated February 3, 2000, is attached hereto and incorporated herein as Exhibit "B." 15. Counsel for Plaintiff/Petitioner received no reply to the February 3, 2000 letter. 16. Counsel for Plaintiff/Petitioner prepared a Sales Agreement for the parties to enter into, which Plaintiff/Petitioner and the potential buyer, Steve Shaeffer, have both executed, however, Defendant/Respondent refuses to execute the agreement and seems intent on not cooperating with the sale. 17. The parties are financially unable to continue paying the monthly mortgage payments on the real estate. 18. Plaintiff/Petitioner believes that without court intervention, the parties' real estate will be dissipated through a foreclosure proceeding. 19. 23 Pa.C.S.A. §3323(0 provides: F. Equity power and jurisdiction of the court - in all matrimonial causes, the court shall have full equity power and jurisdiction any may issue injunctions or other orders which are necessary to protect the interest of the parties or to effectuate the purposes of this part and may grant such other relief of remedy as equity in Justice required against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause. 20. The relief requested - the mandated signing ofa listing or sales agreement - has been granted in the past by Pennsylvania Courts and approved by Pennsylvania Appellant Courts in Divorce actions. See McMahon v. McMahon, 612 A.2d 1360, 417 Pa. Super. 592 (1998), (approving the mandated signing of a sales agreement in a divorce action where evidence demonstrated that the parties' income was inadequate to preserve the property and the property was threatened by foreclosure.) 21. Plaintiff/Petitioner reqLleStSthis Honorable Court to exercise its equitable powers and direct Defendant/Respondent to sign the sales agreement for the sale of the real estate in order to preserve the property from foreclosure. 22. Due to Defendant/Respondent's refusal to sign the sales agreement Ibr the marital residence, Plaintiff/Petitioner has expended unnecessary counsel fees in the amount of$500.00, Im the drafting and filing of this petition. WHEREFORE, Plaintiff/Petitioner, Henry H. Barrick, Jr., respectfully requests that this Honorable Court enter an order: A. Execute the sales agreement between Plaintill%Petitioner, Defendant/Respondent, and Steve Shaeffer, Buyer, for the sale of the real property located at 511 Conodoguinet Avenue, Carlisle, Pennsylvania B. Requiring Defendant/Respondent to cooperate filly and execute whatever documents are necessary to effectuate a sale; C. Upon the sale ofthc home, distribute the proceeds of the sale in such it lashion as to satisfy any remaining joint debts of the parties and deposit any remaining nwnies into an escrow account until all equitable distribution matters in this case are linalized; and D. Requiring Defendant/Respondent to pay Plaintiff/Petitioner's to pay $500.00 in attorney fees. Respectfully submitted, LAW OFFICES Cara A. BoyanowskiV Esquire Supreme Court 1. D. No. 68736 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff DALEY LAW OFFICES 1029 SCENERY DRIVE • I IARRISBURG. PA 17109 • (717)(57.4795 • FAX (717)657..1996 January 5, 2000 Johnna J. Deily. Esquire SAIDIS. SHUFF & MASLAND 26 Nest High Street P.O. Box 560 Carlisle. PA 17013-2956 RE: Barrick v. Barrick Dear Ms. Deily: I received information from Mr. Barrick that he attempted to show the parties' marital residence to a prospective buyer recently and discovered the locks to the residence had been changed without his knowledge or consent. Obviously, this action greatly hampers Mr. Barrick's attempts to show and sell the real property. Kindly advise your client to either reinstall the old locks in the marital residence or produce a complete set of new lock keys for my client. She may forward the new set of kevs to either Mr. Barrick directly, or she may forward the keys to my office. The choice is completely hers. Once Mr. Barrick receives the new key set, he will begin showing the property again. It is my understanding that he has at least one person interested in purchasing the property. Naturally, I will keep you informed of any serious offers which are made on the real estate. Next, Mr. Barrick has instructed me to notify you and Ms. Ban ick that he would like to remove the following items from the marital residence: I. All items of Mr. Barrick's clothing which remain in the marital residence: '_. Tools: 3. Safe (Christmas present from Mr. Barrick's mother to him); 4. Mr. Barrick's personal files located in the filing cabinet; and Deily, Johnna J. Page Two January 5, 2000 5. Box of Spirits (Gifts from military attaches). Mr. Barrick has chosen Tuesday, January 18, 2000 at 1:00 p.m. as the date and time for removal of these items from the marital residence. Ms. Barrick may be present during the removal of these items, if she wishes. Please contact me with any problems you perceive regarding the removal of the above items prior to January 18, 2000. Thank you for your kind attention to the above. Sincerely yours. ALEY LA?? OFFICES / CW'6(4i ara ?oyanowskt. squire CAB/cb cc: Henrv Barrick DALEY LAW OFFICES I uluvl: • 1JARRISa URG. PA 171o9 • (717) 657-47,95 • 141\ ('17)657-4996 February 3. 2000 Johnna J. Deily, Esquire SAIDIS, SHUFF & MASLAND 26 West High Street P.O. Box 560 Carlisle, PA 17013-2956 RE: Barrick v. Barrick Dear Ms. Deily: Please be advised that Mr. Barrick has received an offer on the marital property for Sixty- six Thousand Dollars ($66,000.00) from Steve Sheaffer of 2625 County Line Road, Dillsburg, Pennsylvania. This amount will satisfy the existing mortgage on the property. Mr. Barrick has indicated that he would like to take advantage of this offer, since he is finding it difficult to meet both the marital residence bills and his monthly spousal support obligation. Mr. Barrick has informed me that if the residence is not sold in the near future, it may end up in foreclosure proceedings. Toward this end, I have drafted an Agreement of Sale, which Mr. Barrick and Mr. Sheaffer have already signed. If Ms. Barrick is agreeable to the terms of the sale, kindly have Ms. Barrick sign the Agreement and return same to me. I will then notify Mr. Sheaffer to immediately begin the financing process. However, if Ms. Barrick refuses to sign this agreement, both parties are fully aware that the sale cannot move forward. Please discuss the above with Ms. Barrick and contact me with her response to same. In addition to the above, I have also been informed by Mr. Barrick that Ms. Barrick is in the process of selling items of marital property. Specifically, Mr. Barrick is aware that Ms. Barrick has sold the parties' snow blower and a wooden rocking chair, which was a personal gift to Mr. Barrick from his mother. Kindly instruct Ms. Barrick to refrain from selling any more items of marital property until a final distribution agreement is entered into between the parties. In addition, kindly provide information regarding to whom the property was sold and the sale price of same. Deily, Johnna J. Page Two February 3, 2000 Thank you for your kind attention to the above. Sincerely yours, ALEY LAW OFFICES I 1 ara A. oyanowski, Esquire CAB/cb cc: Henrv Barrick AGREEMENT FOR SALE OF REAL ESTATE THIS AGREEMENT, made between, HENRY H. BARRICK, JR. and lNIARILYN A. BARRICK. Husband and Wife, of Cumberland County, Pennsylvania, Sellers, AND STEVE SHEAFFER, of 2625 County Line Road, Dillsburg, York County, Pennsylvania, Buyer, for the sale ofreal estate located at 51 1 Conodoguinet Avenue, Carlisle, Cumberland County, Pennsylvania, 17013, is as follows: The Sellers agree to sell and the Buyer agrees to buy the said property for the price of SIXTY-SIX THOUSAND ($66,000.00 ) DOLLARS. 2. This Agreement is contingent upon the Buyer being able to obtain a conventional mortgage at current market rates on or before the proposed settlement date. The Sellers and Buyer agree that settlement on this transaction shall occur on or before March I, 2000, unless agreed to otherwise by the parties and, at the time of settlement, Sellers shall tender to Buyer a properly drawn and executed Deed of general warranty conveying to Buyer, good and marketable title in fee simple, free and clear of all encumbrances and liens except easements and restrictions visible or of record. 4. The general warranty and title found in the Deed shall be in lieu of all otherwarranties express or implied except such warranties as manufacturers of component parts contained in the premises which are the subject of this Agreement and which are presently in force and assignable to Buyer. 5. It is understood that Buyer has inspected the property or hereby waives his right to do so, and is not relying upon the representation of Sellers or their agents or representatives. 6. All current real estate taxes and other municipal assessments on said property shall be prorated to the date of settlement. All taxes shall be prorated such that taxes due on or before the date ofsettlement shall be the full and total responsibility of Sellers and all such taxes and assessments due from the date of settlement fonvard shall be the responsibility of Buyer. 7. The risk of fire or other hazards shall be carried by the Sellers until the date of settlement. 8. The Sellers agree, if requested by the Buyer, to bear the cost of a termite inspection which shall be done prior to settlement. 9. All transfer taxes associated with this transaction shall be borne equally between the Buyer and Sellers. 10. In the event that Sellers are unable to convey by such aforesaid Deed, any deposit money previously paid to Sellers by Buyer shall be returned to Buyer and this Agreement is to become null 'and void. In the event Buyer fails to make settlement as herein provided, any hand money in this transaction may, at the option of the Sellers, be retained as compensation for damages and expenses incurred and this Agreement shall become null and void. 11. For the performance of this Agreement, the parties bind themselves, their heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, intending to be legally bound hereby, the patties hereto have set their hands and seals on the date indicated below. DATE- DATE DATE CONINIONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SELLERS: Henry J. Barrick. 1r. Marilyn A. Barrick BUYER: SS O the day of and Count v , ?000, before me, a Notary Public of the State y aforementioned, personally appeared Henry J. Barrick, Jr., known to me to be the person whose name is subscribed to the within document, and acknowledge that he executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial seal. NOTARY PUBC KOT,wtALSF 1 76iAIG:;1YALtaCE„ lotaryl t Sr.:rK 2ACdlamn Tv?p., Cumt?ertard tay G;mrlssicnE.?,ims Lbc. 18, 2? COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS On the day of "7000, before me, a Notary Public of the State and County aforementioned, personally appeared Marilyn A. Barrick, known to me to be the person whose name is subscribed to the within document, and acknowledge that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, 1 have hereunto set my hand and Notarial seal. NUTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF ?i ?: r' c'?)i?l? ) On the _7,/ day of_ z 7 J. 2000, before me, a Notary Public of the State and County aforementioned, personally appeared Steve Shaeffer, known to me to be the person whose name is subscribed to the within document, and acknowledge that fie executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial seal. Nolan3l Sul Anna R. FahneUOCk, Notary PubIK Scum ,l•4a!eton rwp.. Cumberland County %y Commission Expires Feb. 2.2L..2 7.. mcer. Punn3yN :ma Associawn of No;arle5 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ¢4904 relating to unswom falsification to authorities. Date: 3I 270 Q B Henry H. Bamck, jr. / E HENRY H. BARRICK, JR., Plaintiff/Petitioner V. MARILYN A. BARRICK, Defendant/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-6683 : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE 1, Cara A. Boyanowski, Esquire, hereby certify that I am this day, the i`lah day of Lx , 2000, serving the foregoing documents upon the persons and in the manner indicated below: Service by first class mail as follows: Johnna J. Deily, Esquire SAIDIS, SHUFF & MASLAND 26 West High Street P.O. Box 560 Carlisle, PA 17013-2956 LAW OFFICES 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Supreme Court I.D. /168736 HENRY H. BARRICK, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MARILYN A. BARRICK, DEFENDANT 99-6683 CIVIL TERM ORDER OF COURT AND NOW, this 10 day of May, 2000, by agreement of counsel, the within case to continued generally to be relisted at the call of any party. I By the Court, Cara Boyanowski, Esquire For Plaintiff Johnna J. Deily, Esquire For Defendant ors :saa SIL -60 -•.r. f:' _ _, ? . ? r , HENRY H. BARRICK, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. NO. 99-6683 CIVIL TERM MARILYN A. BARRICK, Defendant IN DIVORCE INVENTORY UNDER RULE 1920.33 Plaintiff, Henry H. Barrick, Jr., files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. He understands that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Date: 1t-/G/ By: VU'?rrK}?/527u? l Henry H. Barrick, Jr., Plaintiff ASSETS OF PARTIES PLAINTIFF, HENRY H. BARRICK,JR., MARKS ON THE LIST BELOW THOSE ITEMS APPLICABLE TO THE CASE AT BAR AND ITEMIZES THE ASSETS ON THE FOLLOWING PAGES. (X) 1. Real Property (X) 2. Motor Vehicles () 3. Stocks, bonds, securities and options () 4. Certificates of Deposit (X) 5. Checking accounts, cash () 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit box(s) () S. Trusts (X) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) () 10. Annuities () 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) () 16. Employment termination benefits - severancepay,worker'scompensation claim/award () 17. Profit sharing plans () 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) (X) 22. Military/V.A. benefits () 23. Education benefits () 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) () 26. Other 13A1212ICK v. BARRICK Date of Marriage -June 23, 1973 Date of Separation - October 9, 1999 MARIT AL ASSE'I'S Assets Husband's Wife's Master's Notes Value Value Value Real Estate Marital Residence: $0.00 $0.00 Real Estate was sold on July 511 Conodoguinet Avenue 26, 2000. Carlisle, PA 17013 Husband had to pay $1,162.55 to cover outstanding mortgage and settlement expenses. Trailer $0.00 $0.00 Occupied by Wife and parties' daughter. Trailer was repossessed in May, 2001. Retirement Assets Commonwealth of Pennsylvania Unknown (SEAS) (Husband) Military Pension In payable (Husband) status: $1,278.00 (gross) Bank Accounts Members First Approx. Jointly owned with paramour. Savings Account $120.00 (Husband) MARI TAL ASSETS Members First Checking Account Approx. $1,650.00 Jointly owned with paramour. Life Insurance ING ReliaStar Life Insurance Company (Husband - Insured) Face Value: $53,684.00 Cash Surrender Value: Value of policy as of September 28, 2001. Automobiles 1995 Dodge Neon (Husband) Approx. $3,500.00 In possession of Husband. 1996 Dodge Neon (Wife) Approx. $4,500.00 In possession of Wife. 1993 Saturn Approx. Husband co-signed with parties' daughter to purchase. Car was repossessed for non- payment. Husband purchased car to settle balance. Husband had to expend approximately $734.00 to have car inspected. Miscellaneous Household Goods and Furnishings Nominal Parties have already equally divided these items to their mutual satisfaction. Debts Members First Credit Card $8,205.68 Balance of credit card as of November, 2001. ,:'Settlement Statement U.S. Department of Housing B. Type of Loan and Urban Develoomenl fINAL OMB No. 2502.0265 1. ?FHA 2. ?Frrt11A 3. ?Conv. Unins. 4. VA 5. Conv. Ins. 6. File Number 7. Loan Number LT-10977 8. Mortgage Insurance Case Number e arm um- 59weyou s a i 1,151 se semen d s. muun s Dm c arm By the settlement agent are shown. C. Note: Items marked'(p.0 C.)' were gold mtslde the d0einpp::aey are shown here for inlarmelion purposes and are not Included In the Wait. ',VARNINC: It IS a Wlme tb knp.Nnply make false slalemen6lo the Unilbo Slates on this w anyy Whar smlly l0ml. Penallios upon oWMtlion tan intludea MDand lm risonmenl. Fa details am: Llle la U. S. Code Section l cal and Section 1010. D. NAME OF BORROWER: SNYDERS, LLP. ADDRESS: E. NAME OF SELLER: HENRY 11. BARRICK and MARILYN A. BARRICK ADDRESS: F. NAME OF LENDER: ADDRESS: 0. PROPERTntnDDRESS: 511 CONODOGUINETAVENUE, CARIASI.L,PA 17013 NORTH MIDDLETON TOWNSHIP if. Si rn.EMENT AGENT: Lebanon Land Transfer Co., Inc., Telephone: 717-533-721 1 Fax: 717-533-7153 PLACE OF SETTLEME\T: 1029 Scenery Drive, Harrisburg, PA 1. SE'ITLEMENT DATE: 07/26/2000 J. SUMMARY OF BORROWER'S TRANSACTION: K. SUMMARY OF SELLER'S TRANSACTION: 100. GROSS AMOUNT DUE FROM BORROWER 400. GROSS AMOUNT DUE TO SELLER: 101. Contract sales rice 67 000.00 401. Contract sales rice 67 000.00 102. Personal Proert 402. Personal Pro rt 103. Settlement charges to borrower line 1400 1 350.75 403. 104. 404. 105. 405. Adjustments for items aid h selfcr in advance Adjustments for items aid b seller In advance 106. CI ltown taxes 406. Cil (town taxes 107. Court taxes 07/26/2000 to 12/31/200 66.79 407. Count taxes 07/26/2000 to 12/31/2000 66.79 108. School Taxes 07/26/2000 to 06/30/2001 531.57 408. School Taxes 07/26/2000 to 06/30/2001 531.57 109. 409. 110. 410. 111. 411. 112. 412. 120. GROSS AMOUNT DUE FROM BORROWER 68 949.11 420. GROSS AMOUNT DUE TO SELLER: 67 598.36 200. AMOUNTS PAID BY OR ON BEHALF OF BORROWER 500. REDUCTIONS IN AMOUNT DUE TO SELLER 201. Deposit or eamest mono 5 000.00 501. Excess Deposit (see instruclions) 202. Principal amount of new loan(s) 502. Settlement charges to seller line 1400 1 325.91 203. Existing loans taken subject to 533. Existing loans taken sub ect to 204. 504. Payoff of First Mortgage Loan 67 435.00 CITIMORTGAGE INC. 205. 505. Pa off of Second Mortgage Loan 206. 506. 207. 507. 208. 508. 209. 509. Adjustments for Items unpaid b seller Adjustments for items unpaid b sell er 210. Cil flown taxes 510. Ci /town taxes 211. Court taxes 511. Court taxes 212 School Taxes 512. School Taxes 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. - 518. 219. 519. 220. TOTAL PAID BY/FOR BORROWER 5,000.00 520. TOTAL REDUCTION AMOUNT DUE SELLER 68 760.91 300. CASH AT SETTLEMENT FROM OR TO BORROWER 600. CASH AT SETTLEMENT TO OR FROM SELLE R 301. Gross amount due from borrower IIne 120 949.11 68 601. Gross amount due to seller line 420 67,598.36 302. Less amounts Paid b liar borrower (line 220 !; 5 00.00 602. Less reduction amount due seller (line 520 68 760.91 303. CASH FROM BORROWER 63 949.11 603. CASH FROM SELLER 1,162.55 SUBSIIIUIE FORM 1098 SELLERSINIVAENT: The imamalondentanee neren is lmpOnahn lax mmrmalan ands Deng famsnm to me rmemal Revenue service. If W are Peaked to File 0 return. a negligence penny W Wet Sandell win be imposed an you if Ins rem is required to be reached and the IRS determines that it has not been reported. The Contract Sales Price desmOd on line 401 above cdslAutes the Gross Placebos of mss transaction. SELLER INSTRUCTIONS: If (his real diale was your prmdpal residence, fle Farm 2119. Sa'e or exchange of Pancal: Res?dence. he any gain, with your Income lax velum; for other trarectlons. complete the applicable pads d Farm 4797. Farm 6252 andty Schedule O (Farm 1040). Yd are required by law to provide the SdCement agent wm your comed taxpayer idenbfical.d number. If yoe dorm prondo your earner taxpayer Identification number. yW may be subjed to owt w criminal penal as Imposed by law. Under pdallles of perjury. I eertdy0al the number shown on this statement is my detM taxpayer den4pcahon number. SELLER(S) SIGNATURE(S): SELLER(S) NEV.- MAILING ADDRESS- TitlcExprcss Settlement System Printed 07/24/2000at 15:14 REV. IIUD-I (3186) U.S. DEPARTMENT GF HOUSING AND 1JRI3AN DEVELOPMENT File Number: I.T.10977 ' SETTLEMENT STATEMENT PAGE 2 . FINAL L. SETTLEMENT CHARGES PAID FROM PAID FROM 700. TOTAL SALES/BROKER'S COMMISSION based on rice $ 67 000.00 0.000 = BORROWER'S SELLER'S Division of commission line 700 as follows: FUNDS AT FUNDS AT 701.5 to SETTLEMENT SETTLEMENT 702. $ to 703. Commission aid at Settlement 800. ITEMS PAYABLE IN CONNECTION WITH LOAN 801. Loan Orl Ination Fee % 802. Loan Discount % 803. Appraisal Fee 804. Credit Report 805. Lender's Inspection Fee 808. Man a e A licatfon Fee 807. Assumption Fee BOB. BOB. 810. 811. 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901. Interest From to as /day 902. Mon a a Insurance Premium for to 903. Hazard Insurance Premium for to 904. 905. 1000.RESERVES DEPOSITED WITH LENDER FOR 1001. Hazard Insurance mo. S /nno 1002. Man a e Insurance mo. 5 Arno 1003. CI Property mo. S /me 1004. County Property Taxes mo. a S 12.78 /mo 1005. School Taxes mo. S 47.56 /me 1009. Aggregate Analysis Adjustment 1100.TITLE CHARGES 1101. Settlement or closing fee 1102 Abstract or title search 1103. Title examination 1104. Title insurance binder 1105. Document Preparation 1106. Note Fees to Ma J. Foster 5.00 7.00 1107. Atlome 's fees Includes above items No: 1108. Title insurance to Lebanon Land Transfer Co. Inc. 630.75 Includes above Items No: 1109. Lender's Coverage IS 1110. Owner's Coverage S 67 000.00 - 630.75 1111. Overteail to Lebanon Land Transfer Co. Inc. 15.50 15.50 1112. 1113. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording Fees Deed S 29.50 : Man a e $ : Release S 29.50 1202. City/County tax/slam s Deeds 670.00 :Mon a eS 670.00 1203. Sate Tax/stamps DeedS 670.00 : Mortgage S 670.00 1204. 1205. 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Survey 1302. Pest Inspection 1303. 20001 to Robin K. Sollenber er 570.67 1304. Refuse to North Middleton Tolvrishi 62.74 1305. 1306. 1307. 1308. 1400. TOTAL SETTLEMENT CHARGES enle•on lines 103. Sed!nn J and 502. Section K 1,350.75 1,325.91 I have 0afuVy N the NUDYS.' mail( Iemenlan0lotdebnl of m y knovIMge and belief. it is a we and aixuale statement of at receipts andtlsbuaem a deonmy ethlsl saCUdn.lfunhdreendymat l have repeved acopyof the NUU{ Selnemenl Slalei 6 Q-7 .RS. Fi • "?/\ R,E7LV17Ri'TT.'97tmeCF.d- The IRD-1 Seblemenl Slaurrent xhan I have preparetl is a time and aobjnue aoebiad of Ins Iranocnon. I have caused a WII pause funps m be tlisaursM in aaadari win llsp'ilssstalem(e^ni'. y?/?{?? '7 • nne - pliyU I?i1F-?/V?Vt- a /0? WARNING: 11 Is a crime to snovi male (else Slalemema to the Un We Sntos on this Or Anychair similar lam. Pi t,as upon pa'IYld.an on 10f1Ud0 8 And ncd imprierylmML For &A 1, see, TBe 18 U. $. CodO $Mi0'11 Cat and SMI.W Isla TitleF.xpmss Settlement System Printcd 07/24/2000 m I5M4 REV. I IUD•l (3/56) 5000 Louisa Drive Member's Account Number From I TO Peg. PO Box 40 yT Statement Mechanicsburg, PA 17055 Members of Account 1188311 1-01-01 11-30-01 1 01 2 . www.memberstxt.org FF,D E N:11. ('N EDIT C\luN Main Switchboard: (717) 6971161 or (800) 283.2328 Call-24: (717) 697.4372 or (800) 2834372 TOD: (717) 697-5312or(800)283.2328 ext. 5312 HAPPY HOLIDAYS FROM MEMBERS 1ST TelaBranch: (717)795 Wit or (800) 237.7288 FEDERAL CREDIT UNION. IIIIIIIIIIIto IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIII 12793 HENRY H BARRICK JR 40 MOUNTAIN VIEW TERRACE NEWVILLE PA 17241 TRANS DATE EFF. DATE I TRANSACTION DESCRIPTION AMOUNT BALANCE SUFFIX:00 SAVINGS 787.26 110101 DFAS-CLEVELAND 1019.45 1806.71 110101 DFAS-CLEVELAND -1019.45 787.26 110201 PA TREASURY DEPT 537.77 1325.03 110201 PA TREASURY DEPT -537.77 787.26 110901 ROSS STORES, INC 356.01 1143.27 110901 TFR TO SHARES 118831-11 -1024.93 118.34 111501 PA TREASURY DEPT 36.57 154.91 111501 PA TREASURY DEPT -36.57 118.34 111601 PA TREASURY DEPT 537.77 656.11 111601 PA TREASURY DEPT -537.77 118.34 112101 ROSS STORES, INC • G 7-6 CN K 474.35 113001 1 PA TREASURY DEPT 1012.12 113001 PA TREASURY DEPT -537.77 474.35 113001 DIVIDEND .68 475.03 JOINT OWNERS: TAMIE LIN FENICLE Y-T-D DIVIDENDS: 2.86 TRUTH IN SAVINGS INFORMATION ANNUAL PERCENTAGE YIELD / 2.00% ANNUAL PERCENTAGE YIELD EARNED / 2.01% I ------------------------------------------------------ SUFFIX:11 CHECKING ------------ --- BEGINNING BALANCE 444.21 DEPOSITS 3694.51 DRAFTS 981.60 TOTAL NUMBER DRAFT S CLEARED 6 DEBITS/FEES 1865.54 MAINT/SERVICE CHGS .00 YOUR AVG DAILY BAI LANCE WAS 1589.66 ENDING BALANCE 1291.58 YOUR LOW MONTH BA LANCE WAS 444.21 110101 PAYROLL ALLOCATION FROM 118831-00 1019.4 5 1463.66 110201 PAYROLL ALLOCATION FROM 118831-00 537.77 2001.43 110301 SHARE WITHDRAWAL -200.00 - 1801.43 110301 POINT OF SALE 1103068742 -106.17 - 1695.26 BLDG 851 CARLISLE BRKSPACARLISLE BKS L 110401 POINT OF SALE 1104006672 -9.00 -1686.26 1900 RITNER HIGHWACARLISLE PASHEETZ #263 1106 110301 POINT OF SALE 45892 -32.34 - 1653.92 AAFES CARLISLE BARACKS CARLISLE PAUS 110601 POINT OF SALE 1106009567 -33.66 - 1620.26 1180 WALNUT BOTTOMCARLISLE PAKMART 110701 POINT OF SALE 1107006377 -9.50 1 1610.76 1900 RITNER HIGHWACARLISLE PASHEETZ #263 1108 110701 SHARE DRAFT H 1139 1107012478 -180.00 ' 1430.76 1109 110801 SHARE DRAFT # 1141 1108011952 -86.00 1344.76 110901 TFR FROM SHARES 118831-00 1024.93 e 2369.69 111001 EASY WITHDRAWAL -100.00 2269.69 111001 POINT OF SALE 1110008791 -112.61 2157.08 BLDG 851 CARLISLE BRKSPACARLISLE BKS C NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION. SEND ALL INQUIRES TO THE CREDIT UNION AT THE ADDRESS SHOWN ON PAGE N 1 ST I2794 Account Number From To Page I ,?nUersl FEDERAL cxTUI1 LTION l 11-01-01 11-30-0112 -1 2 DATE I oaii TRANSACTION DESCRIPTION AMOUNT BALANCE BTN1 Ur bALt MONRO MUFFLER #250 CARLISLE PALS _ 111301 DIRECT DEPOSIT REG-E TRANSACTION PA T - 1 9.30 ' 2061.36 111501 111501 YROLL ALLOCATION FROM 118831-00 DIRECT DEPOSIT 36.57 2097.93 REG-E TRANSACTION ADAMS ELECTRIC D 58.62 - 2039.31 111501 D AAA LFE IRECT DEPOSIT REG-E TRANSACTION I -4.35 2034.96 1116 111501 111601 SHARE DRAFT # 1143 PAYROLL ALLOCATION FROM 118831-00 1115004938 -112.50 1922.46 111701 ATM WITHDRAWAL 537.77 _ 2460.23 844 POST EXCHANGE CARLISLE pq 1117130333 -240.00, 2220.23 111701 POINT OF SALE 1117065598 BLDG 851 CARLISLE BRKSPACARLISLE BKS C -79.29 , 2140.94 1119 111801 POINT OF SALE 1120 11 1118008400 1900 RITNER HIGHWACARLISLE PASHEETZ #263 -6-00- 2134.94 1901 112001 SHARE DRAFT # 1140 1119012674 DIRECT DEPOSIT REG-E TRANSACTION -492.49 (642.45 1 CREDIT CARD MT -153.00 1489.45 1122 112101 112301 SHARE DR 1142 AFT # POINT OF SALE 1121022921 -40.75 1448.70 1886 WAL-WAL751056MECHAN11886 PAWAL Wal-Mar 1:153369810 -273.83. 1174.87 112301 POINT OF SALE 1123028719 5600 CARLISLE PIKEMECHANICSBURGPAKMART -56.01 1118.86 112301 POINT OF SALE 1123000488 6558 CARLISLE PIKEMECHANICSSUR PASHEETZ #195 -7.00 - 1111.86 112401 POINT OF SALE 1124055054 BLDG 851 CARLISLE BRKSPACARLISLE BKS C -75.09 - 1036.77 112401 POINT OF SALE 1124084664 712-718 N HAN CARLISLE PA1009239 -7.50 1029.27 1125 112301 POINT OF SALE 13918 JOANN FABRIC #0404 CARLISLE PADS -25.00 - 1004.27 1126 112301 POINT OF SALE 32738 KMART 00042754 MECHANICSBURGPAUS -27.23 977.04 112601 POINT OF SALE 1126006663 1900 RITNER HIGHWACARLISLE PASHEETZ #263 -6.00 , 971.04 112601 DIRECT DEPOSIT REG-E TRANSACTION SPRINT-PA(12) -65.53- 905.51 1127 112601 SHARE DRAFT # 1145 1128 112701 1 26015609 P NT nc c _ A?F 1 1 -69 835.65 _ _` 1 951 SHNETWORK SAT TV`SRV 800-333-DISH COUS -47.68 -? 787.97 112801 D REG-E TRANSACTION TRAVELERS PL-ABS - 34.41 753.56 113001 PAYROLL ALLOCATION FROM 118831-00 113001 SWIPE 5 REBATE 537.77 - 1291.33 .25 1291.58 * * ?< i:: :r t: * * :: * * * * * * * * * * * tr * * * * * * * * is a: * * * * * * * ? . NO. 1139, AMOUNT NO. AMOUNT N0. AMOUNT 180.00 1141 86 00 NO. AMOUNT 1140 . 1143 112.50 492.49 1142 40 75 *1145 69.86 . TOTAL: 981.60 JOINT OWNERS: TAMIE LIN FENICLE Y-T-D DIVIDENDS: .00 TRUTH IN SAVINGS INFORMATION ---- ANNUAL PERCENTAGE YIELD / 1.00% ------------------------------------------------------------- - F - OR 2001 ---------- --- * DIVIDENDS DIVIDENDS ? * DIVIDENDS WITH(IOL OING FORFEIT URES .00 2.86 2.86 I .00 I .00 ING ReliaStar Life Insurance Company P.O. Box 5011. Alinot, North Dakota 55702-5011 HENRY H BARRICK 0129JR ADD UKN 12/26/2000 MT VIEW TERRACE LOT 40 NEWVILLE AL 17241 QUARTERLY POLICY SUMMARY Individual Flexible Premium Variable Life Insurance Period: July 1, 2001 - September 28, 2001 Policy Number: 57-095-035 Policy Owner: HENRY H BARRICK 0129JR Your Registered Representative: ROBERT B PRESTON 119 W BALTIMORE AVE S'fE 9E LANSDOWNE PA 19050-1859 610-622-5570 Basic Policy Information Insured: HENRY H BARRICK 01291R Policy Date: 04-17-98 Dale of Birth: 05-28-51 Death Benefit Option Variable Issue Age: 46 Minimum Monthly Premium for Sex: Tax ID Number: Male the Death Benefit Guarantee: 570.06 Plan Name 210-40-3495 Planned Periodic Premium: 5100.00 Select*Life II Bill Frequency: Monthly Premium Class Standard Do you know how estate-tax reform impacts your estate? Call your financial professional and learn what recent legislation could mean for you. Account Summary Period: July 1, 2001 Beginning Accumulation Value Premium Payments Premium Expense Charges Cost of Insurance Charges Monthly Expense Charges Withdrawals Policy Performance Ending Accumulation Value September 28, 2001 $2,564.14 $300.00 515.00- 598.88- $30.41- $0.00 $230.13- $2,489.72 * Monthly Expense Charges reflect the total charges during the quarterly period, which are deducted on a monthly basis. Policy Values Face Amount Death Benefit Accumulation Value Outstanding Loan Balance Cash Surrender Value Beginning Value July 1, 2001 $53,684.00 556,248.14 52,564.14 $0.00 $1,141.51 Ending Value September 28, 2001 553,684.00 556,173.72 $2.489.72 .?0 ;00 51,067.09". - The Beginning Value column reflects values as of the close of the prior business day for the date shown. The Ending Value column reflects values as of the close of the business day for the date shown. - Accumulation Value is the total value which equals the sum of the Variable Accumulation Value (the total of the values in each Sub-Account of the Variable Account) and the Fixed Accumulation Value(lhe value in the Fixed Account) and any associated value in the Policy Loan Account - Cash Surrender Value is the Accumulation Value less any Surrender Charge, less any Loan Amount - The Death Benefit does not reflect Accidental Death or reduction for Accelerated Benefit Rider lien amounts, or riders insuring the primary insured. - Cost of Insurance Charges includes rider charges, if any. - Withdrawals includes withdrawal charge. - The Death Benefit Guarantee will remain in force until the insured reaches age 65 (or five policy years, if longer), if on each monthly anniversary the total premiums paid on the policy, less any loan amount, equals or exceeds the total required minimum monthly premium payments specified in your policy. ING MINOT SERVICE CENTER Nationwide 1-877-SS6-5050 Accumulation of Funds Values as of July I , 2001 Values as of Seplen3lier 28, 2001 Sub-Account luv. Units Unit Dollar Units Unit Dollar Obj. Value Value Value Value Fidelity VIP Money Market Porfolis MKT 22.89 514.85 S339.81 7 8 24.54 3 38 514.98 513 03 $367.64 $44 03 Fidelity VIP Overseas Portfolio INT GRI 3.56 5 65 $16.08 S29.54 .1 $5 $166.91 . 6.07 . $25.12 . $152.63 Fidel ily V11' 11 index 500 Portfolio AGR . 4 06 529.10 SI18.26 4.38 $:3.42 $103.54 Putnam VT Voyager Fund GTII . 17 61 $12.66 $222.87 19.96 $10.94 $208.53 Pilgrim VP Research Enhance Index GTII . 6.74 524.98 $168.31 7.21 $22.77 $164.21 Fidelity VIP II Contnfund Portfolio INT 15.57 $15.21 5236.80 16.82 $12.10 5203.42 Janus Watidoride Growth Portfolio AGR 08 12 $14.27 SI72.39 12.52 $12.09 $151.37 OCC Small Cap Portfolio Alger American Small Capitalization Port AGR . 4.04 $9.59 $38.72 4.49 $7.41 $33.31 Alger American MiJCap Growth Portfolio GTH 4.86 S17.78 586.38 5.13 $14.62 $75.04 Alger American Growth Portfolio GTII 6.09 $15.82 $96.30 6.56 $12.90 $84.59 Neuberger Berman Partners Portfolio Grit 15.48 511.56 $178.98 16.52 $9.74 5160.89 Neuberger Denman Limited Maturity Dond Port FXI 56.11 512.14 $681.23 58.95 $12.56 $740.50 Total Accumulation Value $2,564.14 52,489.72 Your Account Accumulation Percentages By Investment Objective Your accumulation value is currently distributed among the funds according to the Investment Objective shown in the adjacent chart. Accumulation Percentages have been rounded to the nearest tenth of a percentage point. Investment Objective Abbreviation Aggressive Growth - AGR International - INT Growth and Income - GRI Fixed Income - FXI Money Market - MKT Balanced - BAL Growth - GTH Fixed Accumulation Value - FAV Q 11.6% AGR Q 9.9% INT 0 6.1% GRI Q 29.77 FXI Q 14.87. MKT ® 27.8% GTH Current Premium Allocation Your premium is currently allocated among these variou s funds according to the percentages shown below: Percentage Fund Percentage Fund 4% Alger American Growth Portfolio 10% Pilgrim VP Research Enhance Index 3% Alger American MidCap Growth Portfolio 5% Putnam VT Voyager Fund 2% Alger American Small Capitalization Port ---- 7% Fidelity VIP II Contrafund Portfolio 100% 7% Fidelity VIP II Index 500 Portfolio 15% Fidelity VIP Money Market Portfolio 10% Janus Worldwide Growth Portfolio 25% Neuberger Berman Limited Maturity Bond Port 7% Neuberger Berman Partners Portfolio 5016 OCC Small Cap Portfolio Fixed Account Interest Rate If you were invested in the Fixed Account during the statement period, the following interest rate would apply: From 07-01-01 to 09-28-01 Interest Rate 6.00% This rate may be changed by our Board of Directors from time to time but will never be less than 4.00% J• SEND INOUMIES TO rt, G CREDIT AVAILABLE . CUSTOMER SERVICE ClOANG GATE CARD NUMBER LIMIT CREDIT PO BOX 30495 • TAMPA FL 33630 11/26/01 4121 4499 9118 8314 9000 794 (717) 795 6032 REFERENCE NUMBER `11 CODE. ••VJ°O° OATS .11.11b GATE DESCRIPTION AMOUNT 24610431319004063286097 7538 11 16 1 14 MONRO MUFFLER 1250 663.78 CARLISLE PA ---------------------------- ---- PAYMEN S, AD JUSTMENTS AND OTHERS ------------------ ------------ 74428541320 1 0000 I1 18 1 18 ACH PAYMENT - THANK YOU 153.00- C 0 l C l C w • r Y M IT IS NOT NECESSARY TO MAIL YOUR PAYMENT. A DEBIT TO YOUR CHECKING / SAVINGS ACCOUNT FOR 165.00 WILL BE INITIATED ON 12/21/01, PER YOUR AGREEMENT WITH US. r r r w w TO REPORT A LOST OR STOLEN CARD PLEASE CALL: 800-325-3678 LST STLN AFTER MRS 717-795-6032 MEMBERS 1ST F.C.U. TO OBTAIN ACCOUNT INFORMATION 24 HOURS A DAY CALL: 800-299-9842 A r r r ¦ THE HOLIDAY SHOPPING SEASON IS APPROACHING! THE AMOUNT OF CREDIT AVAILABLE FOR YOUR USE IS SHOWN ABOVE. AVERAGE DAILY BALANCE SUBJECT TO FINANCE CHARGE' PERIODIC RATE CORRES APR FINANCE CHARGE ANNUAL PERCENTAGE RATE ACCOUNT SUMMARY CURR PURCH 7764.50 .8250% 9.90% 64.06 • PREVIOUS BALANCE CURR CASH 0.00 .8250% 9.907 0.00 MINIMUM PAYMENT PURCHASES 7630.84 PREV PURCH 0.00 .82507 9.90% 0.00 CASH 663.78 PREV CASH 0.00 .24177 2.90% 0.00 PASTOUE CREDITS 0.00 !OLD PURCH 0.00 .8250% 9.90% 0.00 PAYMENTS 0.00 OLD CASH 0.00 .5750'/. 6.907 0.00 OVERUMIT AND FEES INSURANCE 153.00 CASH FEE 0.00 OTHER CHARGES 0 QD AY$ N YC TOTAL TOTAL AIIN PAYMENT FINANCE CHARGE 0.00 165 D D INEW BALANCE I 8205 68 FINANCE CHARGE CALCULATION METHOD* CREDIT PURCHASES: G CASH ADVANCE: A -SEE REVERSE SIDE FOR EXPLANATION C , NOTE IF YOU HAVE A VARIABLE RATE ACCOUNT THE PERIODIC RATE AND ANNUAL PERCENTAGE RATE (APR) MAY VARY. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION AND BILLING RIGHTS SUMMARY C 3 C ' G am c ' ", f:` tf ®r -. p'1 n ^n:.J-:) : ?•o D1.0 yJ 1. .3 •_.`J.0 f-?A) ; "`3 .J'7. J.J_ J'.•`7. J'`J . , 1.)...J?,oo C S.s ® ® ® l 1.i-':.,,l:i J..6 ?1 ? ?: ? c - ;; ?. ._ '?.r ??- ` ;,: - ? ? _. .- _. ; •J HENRY H. BARRICK, JR., Plaintiff V. MARILYN A. BARRICK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6683 CIVIL TERM IN DIVORCE INCOME AND EXPENSE STATEMENT UNDER RULE 1920.31 I hereby file the Statement of Income and Expenses required under Rule 1920.31 and verify that the information therein contained is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. Date.. By; 10 j4Izly6l- HENRY H. BARRICK, 3R., PLAINTIFF INCOME AND EXPENSE STATEMENT OF HENRY H. BARRICK. JR.. PLAINTIFF INCOME Employer: Commonwealth of Pennsylvania - Department of Public Welfare Address: 7th Street Harrisburg, Pennsylvania 17110 Type of Work: Caseworker Payroll Number: 129981 Pay Period: Bi-Weekly Gross Pay Per Pay Period: $1,415.25 Itemized Payroll Deductions: Federal Withholding $215.23 Social Security $ 87.75 Local Wage Tax $ 14.15 State Income Tax $ 39.63 Medicare Tax $ 20.52 Retirement $ 70.76 Union Dues $ 16.28 Federal Withholding Add. $ 15.00 Spousal Support Net Pay Per Pay Period OTHER INCOME: Military Pension $398.16 $537.77 $1,019.45 (net monthly amount) TOTAL INCOME: $2,184.62 (net monthly income) EXPENSES HOME: Mortgage Lot Rent Maintenance & Lawn Utilities: Electric Gas Oil Sewer Trash Telephone Water Cable Television EMPLOYMENT: Lunch TAXES: Real Estate Personal Property MONTHLY $492.49 INSURANCE: Homeowners Automobile(s) AUTOMOBILES: Fuel (all vehicles) Repairs/Registration MEDICAL: Doctor Dentist Medicine Special needs PERSONAL: Clothing Food Barber/Hairdresser LOANS: Credit Union MISCELLANEOUS: Newspapers/Books/Magazines Gifts Legal Fees TOTAL EXPENSES $ 40.00 $ 35.00 $100.00 $ 75.00 $ 10.00 $ 10.00 $ 20.00 $ 15.00 (annual expense for glasses) $ 20.00 $200.00 $ 10.00 $ 150.00 $ 10.00 $ 50.00 $100.00 $2,081.49 COMMONWEALTH OF PA - EMPLOYE STATEMENT GROSS EARNINGS 1,415.25 33,234.00 PAY PERIOD ENDING: 11-16-01 PAY DATE: 11-30-01 MINUS DEDUCTIONS % 00 215.23 5,002.57 VTR: 192107580000 DEPT: 021 CDC: 42201 FED NTH TX 6.20000% SEC SEC T% 87.75 2,060.56 EHP#: 129981 POSE: 207431 SS N: 21495 SOC 1.45000% S SECHED T% 80000% PA 2 20.52 39.63 481.94 930.54 B/U: F4 PAY RANGE: 06 STEP: LEVEL: 00 . STATE G NTH TX % RES PA 21 919 1.00000% 14.15 332.28 CAB PUBLIC WELFARE H BET P/U CON STATE EHP 5.00000% 70.76 1,661.64 SUP ORDER-PA CUMBERLAND CO - DOM REL 398.16 16 28 9,555.84 379.50 UN DUES PSSU 0668 . 15.00 360.00 FED NTH T%-ADD HENRY H BARRICK JR 40 MT VIEW TERRACE NEWVILLE PA 17241 NET EARNINGS: 537.77 PLUS REIMBURSEHEHTS 'i..STATE PAID BENEFITS: HEALTH BENEFITS POS: HEALTH ONE 190.00 00 135 ANN NED HOSP NET EMP HLTH PROG (REHP) . 3.70 LIFE INSURANCE 33.14 WORKERS COHP 87.75 SOCIAL SECURITY 20.52 MEDICARE TOTAL STATE PAID BEN FITS 470.11 TOTAL DIRECT DEPOSIT AMOUNT $ :. 537.71 .-' ...; "--PAID LEAVE STATEMENT - SERVICE CREDIT: 12 YK 2 Pp NOUNS PP EHD BflEAK00HN GROSS EARN HOURS RATE GROSS END PP LEAVE: USAGE REPORTED :. 11-16-01 REG SAL 75.00 18.87 1,415.25 TOTAL GROSS EARN INGS THIS PA Y: - _ 5. 1,415.25-.:, SICK " PERSONAL ' SENIORITY INFORMATION LEAVE ACTIVITY - ANNUAL . _. BALANCE LAST STATEMENT 323.83 218.16 14.00 SOCIAL REHAB SERV NONSUPV 2,025 CREDIT DAYS ACCRUAL THIS PP 4.33 3.75 .00 00 EMP MILITARY DAYS x,272 CREDIT DAYS LV REPORTED THIS PP .00 00 .00 00 . .00 CREDIT DATE 11-16-01 ADJUSTMENTS BALANCE THIS STMT . 328.16 . 222.21 14.00 'AEWUAL RATE: ANNUAL 5.7 % SICK - S.D D% MESSAGE CENTER: LOCAL WAGE TAX COUNTY/MUNICIPALITY: CUMBERLAND COUNTY HENVILLE BOND FHT TAX GROSS: 1,344.49 2002 FEDETLAI. INCOME T.1X wl'TIIHULDI\G Employees arc mminded to submit a new Form w'4, Employee Withholding Allowance CIDMUICafe, for 2002 if their withholding allowances have changed or will change for the new year. Those employees claiming total exemption from federal income tax withholding must file a new W4 with their Personnel Office each year in older to continue that slams. (You my chins exemption for 2002 ifyou have no income lax liability in 2001 and expect to have none in 2002.) Failure to rcfile for exemption by Februay 15, 2002, will result in a filing status ofsingle claiming zero allowances and cause tax asithholding. Filing a false or fraudulent withholding exemption cerri5cate can result in serious legal penalties. Questions concerning Form W-1 should be directed to your agency Personnel Office. .4R-CLPOINT OF CONTACT OC T DEFENSE FINANCE AND ACCOUNTING SERVICE TOLL-FREE 1.800.321.1080 3 0 2001 CLEVELAND CENTER PO BOX 99191 COMMERCIAL (216) 522.5955 CLEVELAND, OHIO 44199-1126 TOLL-FREE FAX 1.800.469.6559 (NOT FOR VOICE COMMUNICATION) ?Vl j?r'r,,t •4 ?,. j (Q 1 / j (, o TOLL-FREE NUMBER FOR CASUALTY REPORTING ONLY. ---- --•-_.. - 1.800-2695170 17 RETIREE ACCOUNT STATEMENT STATEMENT EFFECTIVE DATE NEW PAY DUE AS OF SSN DEC 07, 2000 JAN 02, 2001 210 40 3495 PAY ITEM DESCRIPTION ITEM OLD NEW -.. ITEM OLD GROSS PAY 1,235.00 1 278.00 FITW NE , 152.1 TAXABLE INCOI4E 1,235.00 1,278.00 ALLOTMENTS/BONDS 100.0 58.55 100.00 c /n NET PAY 982.9 YEAR-TO-DATE SUMMARY INFORMATION AS FOLLOWS: 1 019.45 TAXABLE INCOME: 14,820.00 FEDERAL INCOME TAX WITHHOLDING: 1,825.20 NOTE: THESE AMOUNTS ARE FOR INFORMATION ONLY. ANY CREDITS ISSUED AFTER DECEMBER 1 FOR THE PRIOR TAX YEAR ARE NOT REFLECTED IN THESE AMOUNTS. YOUR IRS 1099-R YEAR 2000 WILL BE ISSUED TO YOU NO LATER THAN FOR TAX JANUARY 15, 2001. PAYMENT ADDRESS DIRECT DEPOSIT TAXES YOUR FEDERAL AND STATE WITHHOLDING STATUS, EXEMPTIONS AND AMOUNTS. FEDERAL WITHHOLDING ST ATUS: SINGLE TOTAL EXEMPTIONS: 00 FEDERAL INCOME TAX WITHHELD: 158.55 OFAS-CL 72201148 (REV. 6-96) ,.;. ,_ .: V ;: , _ ?: `? _: - i:;: - - ?. ?-: ?_ '? ?_ _; ?] C.J I lenry Barrick 40 Nit View Ter Newville. PA 17241-9024 August S. 2002 Oliice of Divorce Master Cumberland County Court of Common Pleas 9 North I lanovcr Street Carlisle, PA 17013 Your I lonorable E. Robert lilicker. II, This is in regards to Civil Action no. 99-6633. '['here was a scheduled divorce hearing on June 24, 2002. 1 %vas present. Prior to the scheduled hearing. I was told by Attorney 13oyanowski, that the issue was resolved and there was no need for the I learing since both panics agreed on the divorce issues. On June 26, 2002, 1 signed "Marriage Settlement Agreements". Mrs. Barrick was told, in writing, to return the documents within 10 days ofreccipt ofsaid documents. It is now 44 days later and the issue is still not resolved. I believe enough time has lapsed that I need to take my nest step. I am not sure what that is supposed to be. I had indication from Attorney Boyanowski that since your I lonorable Divorce Master did not receive documentation that the issue was resolved on June 24. 2002. that we would be receiving something from your Flonor on the next step. Sincerely. Henry Barrick JAMBS D. 1:1-0%%'[:K JOHN E.SLIKE ROBERT C. SAIDIS GEOFFREY S. SI-IUFF JA\i ES D.I:LO%VRR, JR. CAROL J. LINDSAY 101-INNA J. KOPI-CKY KARL \I. LEDEBOIi\I JOSEPH L.I1ITCHINGS THO\1AS h. 1--LONER FORREST N.'PROUT\1AN, II LAW OITICES SAIDIS, SHUFF, FLOWER & LINDSAY A PRORSSIONAI. CORPORATION 26 N'IiS'I' I IIGI I S I'REI?.1' CARLISLE, ITNNSYLVAN1A 17013 'ITT-EIII DONE (717) 243.6212 - FACSI\III.E: (717) 243-6186 liMAIL allomc%°ussfl-law.com WMV.SSfl-law.cOm February 7, 2002 Robert Elicker, Esquire Divorce Master 9 N. Hanover St. Carlisle, PA 17013 Re: Barrick v. Barrick No. 99-6683 Dear Bob: WEST SHORE OFFICE: 2109 MARKBTSTREET CA\IP 1111.1., PA 17011 I'BLEPI-IONE: (717)737-3405 PACSI\Ill.li: (717)737.3407 REPLY-To CARLISLE I am enclosing the Pre-Trial Statement which I have prepared on behalf of the Defendant in the above matter. Very truly yours, SAIDIS, SHUFF, FLOWER & LINDSAY Johnna Kopec} i I 17 JJK:rlm Enclosure cc: Marilyn Barrick Cara A. Boyanowski, Esquire I lenry Barrick 40 Mt View Ter Newville, PA 1 724 1-9024 September 9, 2002 Ollice of Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 Your Honorable H. Robert Clicker, 11, This is in regards to Civil Action No. 99-6683. On August 8, 2002, 1 dropped off a letter in your office at the reception desk since there was nobody at the desk. Copy of that letter is enclosed. On December 31, 2001, a Motion for Appointment of Master and other appropriate documentation were filed with the Office of the Prothonotary. As indicated in my previous letter, a Ifearing was scheduled for June 24, 2002. As of this date, this case is still unresolved. I do not understand why this case is being prolonged. For your information, if Marilyn Barrick was divorced and had the income available that was agreed upon on June 24, 2002; she would be eligible for "Medicare" and "Medicaid". If somebody could tell me why this case is not being resolved timely it would be greatly appreciated. It has almost been three (3) years since the filing ofthe original divorce papers. What do I need to do to resolve this divorce issue? Sincerely, 1) 1 Henry Barrick ???. ??? VUII?1 ?.}N??-- h1?5,?? ,,? ? ? `? . ?.. ?-?o-?? . Henry Barrick 40 Ml View'fer Newville, I'A 1 724 1-9024 August 8, 2002 Office of Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 Your Honorable F. Robert Flicker. II, This is in regards to Civil Action no. 99-6683. There was a scheduled divorce hearing on June 24, 2002. 1 was present. Prior to the scheduled hearing, 1 was told by Attorney Boyanowski, that the issue was resolved and there was no need Ibr the I-fearing since both parties agreed on the divorce issues. On June 26, 2002, 1 signed "Marriage Settlement Agreements". Mrs. Barrick was told, in writing, to return the documents within 10 days orreccipt ofsaid documents. It is now 44 days later and the issue is still not resolved. 1 believe enough time has lapsed that I need to take my next step. I am not sure what that is supposed to be. 1 had indication from Attorney Boyanowski that since your Honorable Divorce Master did not receive documentation that the issue was resolved on June 24, 2002, that we would be receiving something from your I lonor on the next step. Sincerely, Henry Barrick fl . S i cl j T 1 3 ito f _ G< ji I M y •J a y?v or ? i; r! I SAIDIS, SHUPF, FLOWER & LINDSAY JAMES D. FLOWER J01 IN ESLIKL• ROBERI'C.SAIDIS GEOFFREY S. SFIUFF JAbI1S D. FLOWER, JR. CAROL J. LINDSAY KIRK S. SOI-IONAGE THOMAS E. FLOWER LINDSAY GINGRICI I MaCLAY JACLYN M. SMITFI A PROFESSIONAL. CORPORA rION 26 WFS'I' 1IIG1 I SI'Rlil'r CARLISLE, PENNSYLVANIA 17013 TELF111 IONIi: (717) 2.13-6222 - FACSIXIILF: (717) 2.13-6510 BIAIL: clindtiayt?ssfl-lae•.cnm w?rw.tisfl-I;nasum February 10, 2003 Cara A. Boyanowski, Esquire DALEY LAW OFFICES 1029 Scenery Drive Harrisburg PA 17109 RE: BARRICK V. BARRICK No. 99 - 6683 CIVII. NIATTER Dear Cara: WEST SIIOREOFFICE: 2109 NIARKL'rS'I'REE'r CAMP I TILL, PA 17011 ELEPIIONE: (717)737-3405 FACSIMILE: (717)737.3.107 REPL*V TO CARLISLE I enclose a copy of the Rule Absolute of February 4, 2003 permitting me to withdraw as counsel for Marilyn Barrick. Please find a copy of the Praecipe which I am filing with the Court. Very truly yours, SAIDIS, SHUFF, FLOWER & LINDSAY Carol J. Lindsay CJL/Ijb Enclosure cc: Marilyn Barrick (w/encl) E. Robert Elicker (w/encl) JAN 3 1 2003 HENRY H. BARRICK, JR., : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-6683 CIVIL TERM MARILYN A. BARRICK, : CIVIL ACTION - LAW DEFENDANT : IN DIVORCE ORDER OF COURT AND NOW, this f/4- day 2003 upon consideration of the within Petition for Rule Absolute, the Rule is hereby granted. By the Court, SAIDIS TUFF, FLOWER & LINDSAY 477OMEYS•AT•LA W 26 W. High Street Carlisle, PA I•f? A x•41• ? • .?JJ {ziott7onosaro LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A 1'ROI:IiSSION'AI. COIZI'O[,A'I'ION 26 WESTI11CI I STREET JAMS 1). 171.01 ]71R CARLISLE, PENNSYLVANIA 17013 JOI IN E. SLIKE '1'171.171'1IONIi: (717) 243.6222. FACSIMILE: (717) 243-6510 ROISIiI.'I'C. SAIDIS liMAIL: clindsae 4Sssfl-lawxom GEOFFREY S. SI-UZI' sr?rwssfl•lats•sam JAMES D. FLOWER, JR. CAROL J. LINDSAY KARI. M. LEDEBOI IM TI IO IAS E. 1:1.0FVER November 8, 2002 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Barrick v. Barrick No. 99-6683 Civil Dear Mr. Elicker: WEST S110RE OFFICE: 2109MARKE'1'SI U'Ll' CA%IP 41ILI., PA 17011 I'I LEPl-IONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE I am in receipt of Cara Boyanowski's letter of November 1, 2002 complaining that Mrs. Barrick did not sign an Agreement. The Agreements were forwarded to her, but she has been very seriously ill and was released from the hospital on November 1, 2002 having had an angioplasty. She awaits a heart transplant. I spoke with her regarding the Agreement Ms. Boyanowski provided and she had a couple of questions which I am attempting to resolve with Ms. Boyanowski and also by reference to the JAG office. This last regards health insurance. I will keep you advised. Very truly yours, SAIDIS, SHUFF, FLOWER & LINDSAY 0 Z Carol J. Lindsay CJUIJb cc: Marilyn Barrick Cara Boyanowski, Esq. HENRY H. BARRICK, JR., : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY. PENNSYLVANIA V. : NO. 99-6683 CIVIL TERM MARILYN A. BARRICK, : CIVIL ACTION -LAW DEFENDANT : IN DIVORCE ORDER OF COURT AND NOW, this day of 2003 upon consideration of the within Petition for Rule Absolute, the Rule is herebv granted. SAIDIS SHUFF, FLOWER & LINDSAY A170HAETS•AToLA1V 26 W. High Street Carlisle. PA ? ?.. ?-i5 .? ;` J ? /? 3 `? rJ J t? ? ? _? ? ? ?? ^i HENRY H. BARRICK, JR., IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-6683 CIVIL TERM MARILYN A. BARRICK, CIVIL ACTION - LAW DEFENDANT IN DIVORCE PETITION FOR RULE ABSOLUTE NOW COMES SAIDIS, SHUFF, FLOWER & LINDSAY AND CAROL J. LINDSAY, counsel for Marilyn A. Barrick, Defendant above, and petitions this Honorable Court as follows: 1. On December 26, 2002, this Honorable Court issued a Rule returnable for ten days from the date of service on a Petition filed by Carol J. Lindsay, Esquire seeking to withdraw from representation of the Defendant in the captioned case. A copy of said Order of Court is attached hereto as Exhibit "A". 2. The Rule was served on counsel and on the Defendant on or about January 8, 2003 as attested to by the attached transmittal letters attached hereto as Exhibit "B". 3. Ten days have passed and the Rule has not been answered. WHEREFORE, Petitioner prays this Honorable Court to make the Rule absolute, SAIDIS SHUFF, FLOWER & LINDSAY ATTORh£YS•AT•IAW 26 W. High Street Carlisle, PA permitting the undersigned to withdraw as counsel for Defendant, Marilyn Barrick. SAIDIS, SHUFF, FLOWER & LINDSAY Carlisle, PA 17013 VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEVS•AT•L1W 26 W. High Street Carlisle. PA 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: HENRY H. BARRICK, JR., : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-6683 CIVIL TERM MARILYN A. BARRICK, : CIVIL ACTION -LAW DEFENDANT : IN DIVORCE CERTIFICATE OFr SERVICE AND now, this /,G? day of 2 L2003, 1 Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys, hereby certify that I served the within Petition to Withdraw as Counsel this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Cara Boyanowski, Esquire 1029 Scenery Drive Harrisburg, PA 17109 Ms. Marilyn Barrick 659 1281h Street Shelbyville MI 49344 SAIDIS, SHUFF, FLOWER $LINDSAY ,I J. Lindsay, Esquire ID#44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 DEC 2 3 2002 HENRY H. BARRICK, JR., : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-6683 CIVIL TERM MARILYN A. BARRICK, : CIVIL ACTION -LAW DEFENDANT : IN DIVORCE ORDER OF COURT AND NOW, this 2)o day of b ec e? rl?eR 2002 upon consideration of the within Petition, a Rule is issued upon Respondents, Marilyn A. Barrick and Henry H. Barrick, Jr., to show cause, if any, why Petitioner, Carol J. Lindsay, should not be permitted to withdraw as counsel for Marilyn A. Barrick. I RULE returnable Q days from date of service. By the Court, I 5 i i J , SAIDIS ;HUFF, FLOWER & LINDSAY ATMMEYS•ATMW 26 W. High Street Carlisle, PA EXHIBIT M HENRY H. BARRICK, JR., : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-6683 CIVIL TERM MARILYN A. BARRICK, : CIVIL ACTION -LAW DEFENDANT : IN DIVORCE PETITION TO WITHDRAW AS COUNSEL NOW COMES SAIDIS, SHUFF, FLOWER & LINDSAY AND CAROL J. LINDSAY, counsel for Marilyn A. Barrick, Defendant above, and petitions this Honorable Court as follows: 1. Petitioner is Carol J. Lindsay and Saidis Shuff Flower & Lindsay with a principal place of business at 26 West High Street, Carlisle, Cumberland County, Pennsylvania. 2. Respondents are Henry H. Barrick, Jr., who is represented by Cara Boyanowski, Esquire, and Marilyn A. Barrick. 3 Petitioner is counsel of record for Marilyn A. Barrick in a currently pending divorce action. 4. The parties hereto were married on June 22, 1973 and separated on SAIDIS SHUFF, FLOWER & LINDSAY AWORNeeS•AT•IAW 26 W. High Street Carlisle, PA October 9, 1999. 5. Upon information and belief, Respondent Marilyn Barrick resides Shelbyville, Michigan. 6. Respondent Henry H. Barrick, Jr. has filed for the appointment of a Master and a Maters conference was held on December 6, 2002 during which the Master directed that counsel for Respondent seek the appointment of a Guardian ad litem to represent Respondent Marilyn A. Barrick. 7. At the aforesaid conference, the Master indicated that he would not consider a request for attorneys' fees for Marilyn Barrick. 8. The attorneys' fees outstanding in the instant case exceed $5,000.00. All indications are that Marilyn Barrick does not have the money to pay for an attorney. 9. Respondent Marilyn A. Barrick's physical conditions impede her ability to communicate with counsel. WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon Respondents to show cause why Carol J. Lindsay and Saidis Snuff Flower & Lindsay should not be permitted to withdraw as counsel for Marilyn A. Barrick. SAIDIS, SHUFF, FLOWER & LINDSAY SAIDIS BUFF, FLOWER & LINDSAY ATTORNUYS-AT•uW 26 W. High Street Qrlfele, PA 2 26-West High Street Carlisle, PA 17013 (717) 243-6222 VERIFICATION SAIDIS HUFF FLOWER & LINDSAY ATTOMT.YS•AT•LAW 26 W. High Street Carlisle. PA I, the undersigned, hereby verify that the statements made herein 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: I 3 HENRY H. BARRICK, JR., V. MARILYN A. BARRICK, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6683 CIVIL TERM : CIVIL ACTION -LAW DEFENDANT : IN DIVORCE CERTIFICATE OF SERVICE AND now, this 431 day of r, 2002, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SNUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition to Withdraw as Counsel this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Cara Boyanowski, Esquire 1029 Scenery Drive Harrisburg, PA 171 09 Ms. Marilyn Barrick 659 128`h Street Shelbyville MI 49344 SAIDIS, SHUFF, FLOWER & LINDSAY B Y Carol;J. ?ndsay, Esquire I D# 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY JAMES D. FLOWER JOHN E. SLIKE ROBERT C. SAUDIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROL J. LINDSAY KIRK S. SOHONAGE THOMAS E. FLOWER LINDSAY GINGRICH MaCLAY JACLYN M. SMrI-H A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243.621-2 - FACSIMILE: (717) 243-6510 EMAIL: clindsay@ss0-law.com www.ssR-law.com January 8, 2003 Cara A. Boyanowski, Esquire DALEY LAW OFFICES 1029 Scenery Drive Harrisburg PA 17109 RE: BARRICK V. BARRICK No. 99 - 6683 CIVIL MATTER Dear Cara: e` lpy WEST SHORE OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE Enclosed please find a copy of the Court's Order of December 26, 2002. The Rule returnable in this case is ten days from the date of this letter, the date of service. Thank you very much for your assistance. Very truly yours, SAIDIS, SHUFF, FLOWER & LINDSAY Cary J I d CJulro Enclosure cc: Marilyn Garrick (w/encl) EXHIBIT LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY JAMES D. FLOWER JOHN E. SLIKE ROBERT C. SAIDIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROL J. LINDSAY KIRK S. SOHONAGE THOMAS E. FLOWER LINDSAY GINGRICH MaCLAY JACLYN M. SMITH A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-622-1 - FACSIMILE: (717) 213-6510 EMAIL: cUndsay00ss1f-law.com www.ssn-law.com January 8, 2003 Ms. Marilyn Barrick 659 128'" Street Shelbyville MI 49344 Dear Marilyn: RE: BARRICK V. BARRICK No. 99 - 6683 CIVIL MATTER Dear Marilyn: JI WEST SHORE OF E: 7' 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737.3407 REPLY TO CARLISLE Enclosed please find a copy of the Court's Order of December 26, 2002. The Rule returnable in this case is ten days from the date of this letter, the date of service. Thank you very much for your assistance. Very truly yours, SAIDISKSHUF,F,,FL-OWER 8 LINDSAY Carol J. CJUlib Enclosure t _ ' ? J- - ? ??? 1 ['.i ?1 -: ?',? i:: (•_ - :J'J _ I f? u -:) . - t„ ? V1 ? = ryi w4i a 1=== <=oe ?v O oa 3 w ? V d r rv n" N C C F tai . V] r u JAN 3 1 2003 HENRY If. BARRICK, JR., Plaintiff V. MARILYN A. BARRICK, Defendant : IN '1'H E COIIRT OF COMMON PLEAS : CUMBERLANDCOUNI'Y, PENNSYLVANIA : CIVIL ACTION-LAW : NO. 99-6683 CIVIL TERM IN DIVORCE f . NOTICE, TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend agajnst the claims set forth in the following pages, you must take prompt action. You are warned that ifyou 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. Ajudgment 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, Cumberland County Courthouse, High and Hanover Streets, 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 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, PA 17013 (717) 249-_;166 NOTICIA Le han demandado a usted en la Corte. Si usted quierc cl&ndersc de estas demandas expuestas on las paginas siguientes, usted tiene viente (20) digs de plazo al partir de la lecha de la demanda y la notiticacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la Corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la cone tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y per cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perderdinero o sus propiedades o otros derechos importanates pars usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3 166 IIENRY It. BARRICK, dR., Plaintiff V. MARILYN A. BARRICK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 99-6683 CIVIL TERM : IN DIVORCE AMENDED COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) AND 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Henry H. Barrick, Jr., by his attorney, Cara A. Boyanowski, Esquire, and files this Amended Complaint in divorce seeking to obtain a decree in divorce from the above-referenced Defendant pursuant to Sections 3301(c) and 3301(d) ofthe Divorce Code and sets forth the following: COUNT III COUNSEL FEES, COSTS AND EXPENSES Paragraphs one (1) through thirteen (13) of the original complaint in divorce filed November 4, 1999 is incorporated herein by reference thereto. 2. Plaintiff and counsel for Plaintiff were informed in June, 2002, by opposing counsel, that Defendant had agreed to settle the outstanding economic claims in this case and that a Marriage Settlement Agreement, Affidavits of Consent, and Waivers of Notice, should be prepared and forwarded to Defendant. 3. Plaintitt'sattorneypreparedthese documents andforwarded them toopposing counsel on June 27, 2002. 4. Defendant continuously refused to sign the documents. 5. Plaintiffthen expended additional attorney fees to bring this matter before the Special Master. 6. A hearing was scheduled before the Special Master on December 6, 2002, in which counsel and the parties were to participate in a discussion of all outstanding economic issues and to determine whether there was a basis for settlement. Defendant failed to appear for this hearing. 8. Plaintiff again had to expend additional attorney fees to bring this matter before the Special Master. 9. On March 5, 2003, a Notice was filed, scheduling a Master [fearing for June 5, 2003. 10. Counsel for Plaintiff has been advised that Defendant does not plan to appear at this hearing. IL Defendant's continuous refusal to settle this case or appear for Master Hearings is vexatious. 12. Due to Defendant's continuous refusal to sign the Marriage Settlement Agreement, Affidavit of Consent, and Waiver of Notice, or appear for scheduled Master Hearings, Plaintiff has had to expend additional counsel fees and costs to finalize this divorce action before a special master. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of counsel fees, costs and expenses, to him, as deemed appropriate. 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.A. §4904 relating to unswom falsification to authorities. By: Henry H. Barrick, Plaintiff Date: 10 --rj-- By.. yCara A. Boyanowski, squire omey No. 68736 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff /7.<-? (1:: ?. ?: .. r(.. (fr.( 11 lam- ??\??'d„- f.,^/• lil?.J r n i? HENRY 11. BARRICK. JR. v. MARILYN A. BARRICK IN THE COUR'T' OF CONIMON PLEAS 01' CUMBERLAND COUN'T'Y, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 6653 IN DIVORCE ORDER AND NOTICE SEA-I'ING HEARING TO: Henry 11. Barrick, Jr. Cara A. Boyanowski Marilyn A. Barrick Plaintiff Counsel for Plaintiff Defendant , Counsel for Defendant You arc directed to appear fora hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 5th North Hanover Street, Carlisle, Pennsylvania. on the clay of June 2003 at 9:00 a.m., at which place and time you will be given the opportunity to present wiutesses and exhibits in support of your case. By the Court, • is "'•, / I <<; ti/ ?v Ct Gcorge•E:. Hoffer, President Judge Date of Order and Notice: 3/5/03 By: Divorce Master IF 170U DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TI iE. OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PA 17013 TELEPI LONE (717) 249-3166 ii ?y HENRY 1-1. BARRICK, JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW 99 - 6683 VS. NO. CIVIL 19 MARILYN A. BARRICK IN DIVORCE Defendant STATUS SHEET DATE: nc ilvliina. i ?r i HENRY H. BARRICK, JR., : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V : NO. 99-6683 CIVIL TERM MARILYN A. BARRICK, : CIVIL ACTION -LAW DEFENDANT : IN DIVORCE PRAECIPE TO WITHDRAW AS COUNSEL TO THE PROTHONOTARY: Withdraw my appearance as attorney for the Defendant, Marilyn A. Barrick, pursuant to the Court's Order of February 4, 2003. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. i/ t 1 By: C?C?I ?Iq I? Carol U. Lindsay, Esquire ID# 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY ATTT1RhTY5•AT•IA\V 26 W. High Street Carlisle, PA 1 IIENRY If. BARRICK, JR., : IN TIIE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. NO. 99-6683 CIVIL TERM MARILYN A. BARRICK, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGIITS 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 iryou 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, Cumberland County Courthouse, High and Hanover Streets, 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 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 FIELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-;166 NOTICIA Le ban demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en ]as paginas siguicntes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o per abogado y archivar en la Corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no sc defiende, la torte tomara medidas y puede entrar una orden contra usted sin previo aviso o notification y per cualquier queja o alivio que es pedido en la petition dodemanda. Ustedpuedeperderdineroosuspropiedadesootrosderechosimportanatesparausted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO'rlENE EL DINERO SUPICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELPONO A LA OpICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IIENRY If. BARRICK„IR., Plaintiff V. MARILYN A. 13ARRICK, Defendant : INTHE COURTOhCONINION PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 99-6683 CIVIL TERM IN DIVORCE AMENDED COMPLAIN'r IN DIVORCE UNDER SECTIONS 3301(c) AND 3301(4) OFTHE DIVORCE CODE AND NOW, comes the Plaintiff, Henry 1-1. Barrick, Jr., by his attorney, Cara A. Boyanowski, Esquire, and files this Amended Complaint in divorce seeking to obtain a decree in divorce from the above-referenced Defendant pursuant to Sections 3301(c) and 3301(d) of the Divorce Code and sets forth the following: COUNT 111 COUNSEL FEES, COSTS AND EXPENSES Paragraphs one (1) through thirteen (13) of the original complaint in divorce tiled November 4, 1999 is incorporated herein by reference thereto. 2. Plaintiff and counsel for Plaintiff were informed in June, 2002, by opposing counsel, that Defendant had agreed to settle the outstanding economic claims in this case and that a Marriage Settlement Agreement, Affidavits of Consent, and Waivers of Notice, should be prepared and forwarded to Defendant. 3. Plaintif'sattorney prepared these documents and forwarded them to opposing counsel on June 27, 2002. 4. Defendant continuously refused to sign the documents. 5. PlaintitYthen expended additional attorney fees to bring this matter before the Special Master. 6. A hearing was scheduled before the Special Master on December 6, 2002, in which counsel and the parties were to participate in a discussion oral] outstanding economic issues and to determine whether there was a basis for settlement. 7. Defendant failed to appear for this hearing. 8. Plaintiff again had to expend additional attorney fees to bring this matter before the Special Master. 9. On March 5, 2003, a Notice was filed, scheduling a Master Hearing fortune 5, 2003. 10. Counsel for Plaintiff has been advised that Defendant does not plan to appear at this hearing. 11. Defendant's continuous refusal to settle this case or appear for Master Hearings is vexatious. 12. Due to Defendant's continuous refusal to sign the Marriage Settlement Agreement, Affidavit of Consent, and Waiver of Notice, or appear for scheduled Master Hearings, Plaintiff has had to expend additional counsel fees and costs to finalize this divorce action before a special master. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of counsel fees, costs and expenses, to him, as deemed appropriate. verify that the staterents 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.A. §4904 relating to unsworn falsification to authorities. Date:J.p_J By: I lenry FI. Barrick, Plaintifl' By. Cara A. Boyano vski, 'squire Attorney No. 68736 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff C 1 ?\ Z , ;' DALEY LAW OFFICES ?. ............. ..n.... - nnnmauunu, roA I/ MY • irvaorc. DAL1:19AWOrr•ICrs.CO,M • (717) 657-f795 • rA.X (717) 6574996 June 18, 2003 E. Robert Elicker, 11, Esquire Divorce Master for Cumberland County 9 N. Hanover Street Carlisle, PA 17013 RE: Barrick v. Barrick Dear Master Elicker: This letter will confirm my telephone conversation with your office on Wednesday, June 18, 2003. Please recall that 1 represent Henry H. Barrick, Jr., the plaintiff in the above captioned divorce action, and Bradley L. Griffie, Esquire, represents Marilyn A. Barrick, the defendant in the above captioned divorce action. The parties are presently scheduled to appear before you at a Master Hearing on Thursday, June 19, 2003, at 1:30 p.m. Please be informed that Attorney Griffie and I have setrled the divorce action through the signing of the original Marriage Settlement Agreement. Attorney Griffie has advised the Agreement has been signed by his client and will be forwarded tome this evening. Once 1 am in receipt of the Agreement, I will secure my client's signature on same and will forward two (2) copies to your office. Kindly revoke your mastership at that time. Based upon the above, I am requesting that the Divorce Master Hearing be canceled. Attorney Grille concurs in this request. Thank you for your kind attention. CAB/cb Sincerely yours, DALEY LAW OFFICES / ar cc: Bradley L. Griffie, Esquire Henry H. Barrick, Jr. HENRY H. BARRICK, JR., Plaintiff V. MARILYN A. BARRICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 6683 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE Please withdraw my appearance on behalf of Plaintiff, Henry If. Barrick, Jr. Cara A. Boyanow ki, Esquire PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of Plaintiff, Henry 1-I. Barrick, Jr. LAW OFFICE OF DIRK BERRY, ESQ. Dirk E. Berry, Esquire 44 S. Hanover St. Carlisle, PA 17013 (717) 243-4448 I-) r O l C S p o U N