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HomeMy WebLinkAbout99-06926 h d a h M v a v Z Y t v ry v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PEN NA. MICHAEL F. BARNES, PLAINTIFF No. 99 ' 6926 VERSUS KATHERINE E. BARNES, DEFENDANT DECREE IN DIVORCE AND NOW, DECREED THAT AND MICHAEL F. BARNES KATHERINE E. BARNES 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 It is further ordered and decreed that the Marriage Settlement Agreement executed by and between the parties, dated November 5, 1999, is incorporated by re erence 3.n to is cree or the purposes o en orcemen , u shall not be deemed to have been merged with this Decree. BY THE ATTEST: J PROTHONOTARY &ff31 A. A. 2000 IT IS ORDERED AND yid vv MARRIAGE SETTLEMENT AGREEMENT by and between KATHERINE E. BARNES and MICHAEL F. BARNES MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this ?l% day of 4-1Y" rc l'fi (,. 1999, by and between Katherine E. Barnes ("Wife") - A N D - Michael F. Barnes ("Husband"), at Harrisburg, Pennsylvania. WHEREAS, the parties hereto are husband and wife having been married on December 1, 1990, at Camp Hill, Pennsylvania. WHEREAS, two (2) children were born of this marriage; said children being: Zachary Ian Barnes, date of birth, December 29, 1991; and Rachael Elizabeth Barnes, date of birth, September 20, 1993. 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 desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; settling of all matters between them relating to the past, present and future support and/or maintenance of the children; the implementation of custody/visitation arrangements for the minor children of the parties; 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 foregoing premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. The parties acknowledge that a divorce action will be filed in the Court of Common Pleas of Cumberland County, Pennsylvania. The parties agree that they will execute Affidavits of Consent in the aforementioned matter. 2. Division of Property. Husband and Wife agree that the following constitutes an equitable distribution of the marital property. A. Husband's Property. The following property shall become the sole and exclusive property of Husband: 1. Property situate at 817 Surrey Court, Camp Hill, York County, Pennsylvania, subject to all existing liens and obligations. 2. 1999 Hunter Legend 380 boat, subject to all existing liens and obligations; 3. Individual Retirement Account numbers 08186592179, 08186582643, 08186592175, 08186582639,08186592183, 08186582647,5023042772; 4. The Principal Financial Life Insurance policy; 5. All right, title and interest in B&B COMMNET Inc. subject to all existing liens and obligations. Wife waives all right, title and interest she may now or hereafter have in B&B COMMNET. 6. All right, title and interest in Spectron Inc. subject to all existing liens and obligations. Wife waives all right, title and interest she may now or hereafter have in Spectron, Inc. B. Wife's Property. The following property shall become the sole and exclusive property of Wife: 1. Mutual funds contained in account number 4031817390; 2. Wife's Individual Retirement Account numbers 08186582635, 08186582631,08186582627; 3. Husband shall pay to wife the sum of Twenty-Seven Thousand Six Hundred Fifty Dollars (527,650) within 30 days of the signing of this agreement. This payment is made to Wife in exchange for her waiver of all right, title and interest in the property situate at 817 Surrey Court, Camp Hill, York County, Pennsylvania. Wife shall execute a deed transferring this asset to Husband simultaneously with the signing of this agreement. Husband shall refinance the mortgage and home equity loan on this property within eighteen months of the signing of this agreement. 4. CHUBB Life Insurance policy number 6519776; C. Children's Property. The parties agree that the CHUBB Life Insurance policy number 6519775 shall continue to be held in trust for the benefit of the parties' minor children to be shared by them equally. 3. Additional Documentation. The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. 4. Transfers Subject to Existing Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 5. 1999 Tax Returns. The parties have agreed tojointly file their federal and state income tax returns for the year 1999. Any tax liability shall be paid by Husband. Any refunds shall be distributed to Husband. 6. Representations and Warranties. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 7. Equitable Division. By this Agreement the parties have intended to effect an equitable division of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in anyway a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers herein as non-taxable. 8. Relinquishment of Rights. Except as expressly provided herein, Husband forever relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible assets now belonging to Wife, and Wife forever relinquishes any right, title or interest she may now or hereafter have in any tangible or intangible assets now belonging to Husband. 9. After-Acquired Property. 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 hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 10. Debts. The parties agree to each pay one-half of the 1999 late withdrawal fee obligation to the Harrisburg Academy. Husband and Wife shall each be solely responsible for all debts in their respective names, including but not limited to personal loans, charge accounts and credit cards. Both parties represent and warrant to the other that as of the date of this Agreement they have not incurred, and in the future will not contract or incur, any debt or liability for which the other or the estate of the other might be responsible. Husband shall use his best efforts to have Wife's name removed from all obligations associated with Husband's businesses. In any event, Husband shall have Wife's name removed from all such obligations no later than 12 months after the signing of this Agreement. Husband shall indemnify and hold Wife harmless from any and all claims or demands made against Wife for all obligations associated with Husband's businesses. 11. Liabilities. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property may be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein. 12. Counsel Fees Costs and Expenses. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. 13. Alimony. Husband shall pay to Wife the sum of One Thousand Seven Hundred Dollars (S 1,700) per month through October, 2001, or his death, her death or remarriage. It is the intention of the parties that Wife's cohabitation with any man or men shall be the equivalent of her remarriage for purposes of this paragraph. The parties agree that the entire amount being paid to . Tax Ramifications of Alimony. 14 Wife pursuant to this paragraph is a separate maintenance periodic payment, included and intended to be included with the income of Wife within the meaning and intent of Section 71 of the United States Internal Revenue Code of 1954 and deductible from the Husband's gross income pursuant to the provisions of Section 215 of the United States Internal Revenue Code of 1954. Wife agrees that all said payments shall be included as income to the Wife in her applicable tax returns and that she shall pay such taxes as may be required by reason of such inclusion. This Agreement has been negotiated and executed under the assumption that the payments for alimony to Wife shall be deductible by Husband. if, as a result of a binding determination to the contrary or because of some subsequent change in the governing law or its authoritative interpretation, the payments or any part of the payments will no longer be deductible by Husband, then the sums payable by Husband to Wife under paragraph 12 shall be reduced by the amount of his increased tax obligation. 15. Non-Modification of Alimony. The parties agree that the alimony provision takes into account the parties' overall economic circumstances including the equitable distribution of property herein and so shall not be subject to modification by any court. 16. Child Support. A. Husband shall pay to Wife for the use, benefit, support and maintenance of the minor children, the sum of One Thousand Eight Hundred Dollars (51,800) per month. B. Wife acknowledges that as of the date of executing this Agreement that the provisions herein made for the support, maintenance and education of the children are fair, adequate, reasonable and satisfactory to her. The amount of the support payments shall be subject to an appropriate adjustment by agreement or, if the parties are unable to agree, by a court of competent jurisdiction. C. It is specifically and mutually understood and agreed and recognized by and between the parties hereto that for the years 2000 and 2001 Husband shall be entitled to claim the U.S. Individual Income Tax and any other federal, state or local income or other tax exemptions for Zachary and that Wife shall be entitled to claim the U.S. Individual Income Tax and any other federal, state or local income or other tax exemptions for Rachael. 17. Custody A. The parties agree that the legal custody of their children shall be joint, with both parties having the right to make major parenting decisions affecting the children's health, education and welfare. Primary physical custody shall be with Wife and partial physical custody shall be with Husband as set forth below. During such times as the children reside with the parties as set forth below, the parent having physical custody shall be responsible for all aspects of child care, including medical, and shall have the duty to immediately advise the other parent of any unusual occurrence or any illness. B. The parties shall share custody as follows: (1) Husband shall have custody on alternate weekends from Friday at 3:00 p.m. until Sunday at 8:00 p.m. (2) During weeks when Husband does have custody for the coming weekend, Husband shall have custody from Tuesday at 3:00 p.m. until Wednesday at 8:20 a.m. at which time Husband shall drop the children off at school or, if school is not in session, at Wife's residence. (3) During weeks when Husband does not have custody for the coming weekend, Husband shall have custody from Tuesday at 3:00 p.m. until Wednesday at 8:20 a.m. Husband shall also have custody on Thursday at 3:00 p.m. until Friday at 8:20 a.m. at which time Husband shall drop the children off at school or, if school is not in session, at Wife's residence. (4) During the summer months, the parties shall continue to alternate custody as set forth above in paragraphs one through three. The parties may alternate this schedule but in no event will Husband have the children for any less time than he does during the rest of the year. C. The parties shall divide the holidays as follows: (1) Christmas shall be divided into two segments. Segment A shall be from December 24 at noon through December 25 at noon. Segment B shall be from December 25 at noon through December 26 at noon. Commencing with December, 1999, Wife shall have segment A and Husband during segment B. Thereafter, the parties shall alternate custody of the children in accordance with the segments. (2) Thanksgiving Day shall be divided into two segments. Segment A shall be from noon on Thanksgiving Day through noon on Friday. Segment B shall be from noon on Friday through noon on Saturday. Commencing with Husband having Segment A in 1999 and all odd years thereafter. Wife shall have Segment A in 2000 and all even years thereafter. (3) The parties shall alternate Easter Sunday every year such that Wife has custody of the children on Easter in even- numbered years and Husband has custody in odd-numbered years. (4) The parties shall alternate the holidays of Memorial Day weekend, Labor Day weekend and the Fourth of July beginning with Wife having custody of the children for Labor Day weekend in 1999. If there is a weekend connected with the celebration of the Fourth of July, holiday then the party having custody for that day shall also have custody for that weekend. (5) Wife shall have custody of the children on Mother's Day and Husband shall have custody of the children on Father's Day. (6) Husband and Wife shall each be entitled to two weeks non- consecutive custody with the minor children for vacation purposes. Each party shall be required to give the other 60 days written notice of the dates they have selected. The party first giving notice shall have priority if there is a conflict for the requested period. (7) The holiday schedule shall supercede the regular custody schedule. D. Other times as the parties may mutually agree. E. The parties shall seek to foster and encourage the love, affection and respect of the children for each parent, and to that end the best interests of the children in implementing the schedule of partial custody. F. Each of the parties shall permit reasonable telephone contact between the children and the other parent. G. The parties agree to keep alcohol use to a minimum when the children are in their custody. Neither party shall drive after consuming any alcohol when the children are in their custody. 18. Full Disclosure. The respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 19. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or byway of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement. 20. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 21. General Provisions. 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. 22. Fair and Equitable Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, 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. 23. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 24. Execution of Documents. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 25. Modification. No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 26. Severability. If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 27. Applicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 28. Agreement Not to be Merged. This Agreement may be filed with the Court for incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be merged into said Decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness: J y / %'•d I??An,. ? '??'??n,tlj KATHE E. B f MICHAEL F. 13ARNES COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : ss. Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Katherine E. Barnes, who being duly sworn according to law deposes and says that she is a party of the foregoing Agreement and she executed same for the purposes therein contained. -th Witness my hand and seal this s - day of"-?? 1999. Notarial Seal VictoriaY.Chambers. Notary Public Harrisburg, Dauphin County My commission Expires Apr. 7, 2003 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : ss, Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Michael F. Barnes, who being duly sworn according to law deposes and says that he is a party of the foregoing Agreement and he executed same for the purposes therein contained. Witness my hand and seal this ?l day of 1999. A ?._ NotaryPublic My Commission Expires: Notarial Soot Vicky L. Fitz, Notary Public Harrisburg, Dauphin County2002 My Commission Expves Dec. 5, Member, Pennsylvania AssoCia4on of Nolanes My Commission Expires: MICHAEL F. BARNES, PLAINTIFF V. KATHERINE E. BARNES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.99 - 6926 CIVIL ACTION - DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Complaint was served upon Defendant's counsel via U.S. Mail, first class, on November 30, 1999. 3. (a) Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by Plaintiff on March 7, 2000; and by Defendant on April 6 12000, (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: Not applicable. (2) Date of filing and service of the Affidavit upon the respondent: Not applicable. 4. Related claims pending: None. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to File Praccipe to Transmit Record, a copy of which is attached: Not applicable. (b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the A (b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: April 5, 2000. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: Simultaneous with the filing of this Praecipe. SMIGEL, ANDERSON & SACKS Date: April 11, 2000 By: ^^?- LeR y Srnigel, Esquire I.D. # 09617 Ann V. Levin, Esquire 2917 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff L. MICHAEL F. BARNES, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. if?- G7v?lo KATHERINE E. BARNES, DEFENDANT CIVIL ACTION- DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you 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, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing of business before the Court. 5513.14 01VORCE COMPLAINT1AVI6dd MICHAEL F. BARNES, PLAINTIFF V. KATHERINE E. BARNES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF A 1IE DIVORCF. CODE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, conies Plaintiff, Michael F. Barnes, by his attorneys, SMIGEL, ANDERSON &, SACKS, and represents as follows: COUNTI DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Michael F. Barnes, who currently resides at 110 November Drive, Apt. 5, Camp Hill, Pennsylvania and has resided there since on or about July, 1999. 2. Plaintiffs Social Security No. is 179-44-9056. 3. Defendant is Katherine E. Barnes, who currently resides at 817 Surrey Court, Camp Hill, Pennsylvania and has resided there since on or about October, 1996. 4. Defendant's Social Security No. is 231-04-3242. 5. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the riling of this Complaint. 6. The Plaintiff and Defendant were married on December 1, 1990, at Camp Hill, Pennsylvania. 7. There have been no prior actions of divorce or for annulment between the parties. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. to, Plaintiff avers that there are children of the parties under the age of 18, namely: Zachary 1. Barnes and Rachael E. Barnes. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. SMIGEL, ANDERSON& SACKS Date: November 5, 1999 By: 4?' I J " /'D LER Y SMIGEL, ESQUIRE I.D. #09617 ANN V. LEVIN, ESQUIRE 2917 NORTH FRONT STREET HARRISBURG, PA 17110 (717) 234-2401 ATTORNEYS FOR PLAINTIFF VERIFICATION 1, Michael F. Barnes, verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ( J 9`/ Michael F. Barnes v _ T V ' Plaintiff V. KATHERINE E. BARNES, Defendant IN TH E COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99 - 6926 CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed an November 16, 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, §4904 relating to unswom falsification to authorities. Date:,? - 7 'DDD MICHAEL 17.'BAkNES,?IrLAINTIFF i _ t MICHAEL F. BARNES, Plaintiff V. KATHERINE E. BARNES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6926 CIVIL CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT & WAIVER OF COUNSELING1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on November 16, 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 in divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and I understand that I may request that the Court require that my spouse and I participate in counseling. I understand that the Court maintains a list of marriage counselors, which list is available to me upon request. Being so advised, I do not request that the Court require my spouse and I to participate in counseling prior to a divorce being handed down by the Court. 5. I acknowledge that I received a copy of the Complaint in Divorce on or about December 2, 1999. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. il AL Date: 9. (0 00 flG?.f'I?At'- ? gG1'w`td KATHERINE E. BARNES MICHAEL F. BARNES, Plaintiff V. KATHERINE E. BARNES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-6926 CIVIL : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904 relating to unswom falsification to authorities. Date: 9. (o. 00 K&, 'r. td KATHERINE E. BARNES - ,-? ,_ ;:_ - ; „< MICHAEL F. BARNES, PLAINTIFF V. KATHERINE E. BARNES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 6926 CIVIL ACTION - DIVORCE ACCEPTANCE OF SERVICE I, Paul J. Esposito, counsel for Defendant, accept service of the Complaint in Divorce on behalf of the Defendant, Katherine E. Barnes, and certify that I am authorized to do so. Date: CC dc4,JC? PA.,ESP SITO, ESQUIRE am l ) l C ., ? t 1 tl.l ?.-- Ui J?: Ct L.7 i.a L H IJ_ Gn `?7 MICHAEL F. BARNES, PLAINTIFF V. KATHERINE E, BARNES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99 - 6926 CIVIL ACTION - DIVORCE WAIVER OF NOTICE. OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 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. Section 4904 relating to unswom falsification to authorities. Date: 3 - 7'Ac700 M CHAEL ARNES, PLAINTIFF Y Q, r iJ j;?