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HomeMy WebLinkAbout07-4454..~ LISA K. BARKLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW CARL T. BARKLEY, JR. , : Defendant IN DIVORCE NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAI /DIS, F WER SAY //~_.., SAIDIS, LINDSAY 2G West High Street Carlisle, PA Carol J. Lin a Esquire Attorney Id 93 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff ~ •. LISA K. BARKLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW CARL T. BARKLEY, JR., Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is Lisa K. Barkley, an adult individual, residing 1198 Green Spring Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant is Carl T. Barkley, Jr., an adult individual, residing 1198 Green Spring Road, Newville, Cumberland .County, Pennsylvania 17241. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 30, 1997, in West Hill, FIAWER ~ LINDSAY .-Tmm~s.,eruw 26 West High Street Cazlisle, PA Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that he/she has the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. a. • . WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. Respectfully submitted, SAIDIS, FLOWER & LINDSAY I SAIDIS, FLOWER SZ LINDSAY 26 West High Street Carlisle, PA Dated: ~/Z~U CarorJ. Linds squire ~- Attorney Id. 4 3 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. CtJ ' a arkley Date: '~-~ ~ , SAIDIS, FIAWER ~ LINDSAY 26 West High Street Cazlisle, PA . c ~ ti - ... F .3 - ~ ~ h _ ?c - ~ _ -i ~'~ "~:. ~ ._... LISA K. BARKLEY, Plaintiff v. CARL T. BARKLEY, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.07-4454 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE I, Carol J. Lindsay, Esquire, being duly sworn according to law, hereby deposes and says that on July 30, 2007, she served a true and correct copy of the Divorce Complaint upon Carl T. Barkley, Jr., Defendant, by mailing those documents to the his address at 1198 Green Spring Road, Newville, PA 17241, by Certified U.S. Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt, the latter of which is signed by the recipient, Carl T. Barkley, Jr. Respectfully submitted, SAIDIS, FLOW.E~ ND AY Carol J. Lin Esquire Attorney I . 4 3 26 West igh Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAID-IS, FIAWER SZ LINDSAY 2G West High Street Culisle, PA Dated: July 31, 2007 ~` SAIDIS, FIAWER ~ LINDSAY 26 West High Street Cazlisle, PA ^ Oomplet sterns 1, 2. and 3. Also complete Mom 4 if Restricted Delivery is desired. ^ lMnt your name and address on the reverse an that vve can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front tf space permit. 1. Afdcle Addressed to: ~ ~ a ~ Crean S~~ ~ ~ IVe.:~Y~ ! I e,~~ A ~ ~1 ~ ~ a slenawre s. Received by ~ Prh-ted Merr-e) c. Date of Deawry C'A~/ T, ,E3A Ll~C/e~J J `?' 3 D . 01 D. Is dsNvery address dMTersrt4fiom Item 1? ^ Yee H YES, enter depvery address below: 3. Service Type ~CerlMed MaN ^ E~gxees Mall Regiaterod ^ Return Receipt for Mer~charrcNee ^ Ittatxed MaA ^ C.O.D. 4. Restricted DeNwry't (Extra Fee) s. ArticieNumber 7004 1350 0003 7284 7306 (rhne~r Aan aerMoe ~1 PS Form 3811, February 2004 Dorrr.etic Retwn Receipt ~opeasyex~u«, ; ( :} ' r`' ~ ~ v -rt ( _ ~ ~ ~` ~' ,~ t"" ~ 7 ~) -fr't '/ 7 ~\ ~ r ~ '_ ~ ~ y (,~ ~'f~ ~i • LISA K. BARKLEY, Plaintiff v. CARL T. BARKLEY, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4454 CIVIL TERM IN DIVORCE PETITION TO COMPEL DISCOVERY AND FOR ATTORNEY'S FEES AND NOW, comes Lisa K. Barkley by and through her counsel, Saidis, Flower & Lindsay, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on August 30, 1997. 2. Petitioner filed a Complaint in Divorce on July 27, 2007. 3. The Complaint in Divorce was served on the Defendant on July 30, 2007 along with a Request for Production of Documents, a copy of which is attached hereto as Exhibit "A". 4. Repeated requests for the discovery resulted in a letter of October 26, 2007 from counsel enclosing two out of the six documents requested. 5. Missing from the discovery provided are the following: a. Statement of Respondent's interest in the Carlisle Tire and Wheel Pension Plan; SAIDIS, FLOWER ~ LINDSAY 26 West High Street Carlisle, PA b. A copy of the cash value for any life insurance policy which has accrued cash value; c. Copies of the statements from January 1, 2007 for any debt which Respondent claims to be marital; d. A copy of Respondent's 2006 Federal income tax return as filed together with all W-2s and 1099s received in 2006. , • 6. Petitioner has incurred attorney's fees in attempting to receive timely discovery. At present, those attorney's fees are approximately $225.00. WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon the Respondent to show cause why he should not be compelled to provide the discovery requested and to pay the reasonable attorney's fees of Petitioner in pursuing discovery. SAIDIS, FLOWER I AY / f~ ~ ~-- SAIDIS, FZAWER SZ LIlVDSAY 26 West High Street Cazlisle, PA Dated: ~~~~~~ Carol J. Linds~'~, quire Attorney Id. 693 26 West Hig reet Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff ~. VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. SAIDIS, FIAWER SZ LINDSAY 26 West High Street Cazlisle, PA ... CERTIFICATE OF SERVICE On this ~-- day of November, 2007, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Kara W. Haggerty, Esquire Abom & Kutulakis 26 South Hanover Street Carlisle, PA 17013 SAIDIS, FLOWER & LINDSAY Carol J. Lindsay Es uire Supreme Cou ID o. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS, LINDSAY 26 West High Street Carlisle, PA -_~ __, `^, --} `~~ "' ~i ~ - ~ r_n P'ti7 ~ ~-: ; - m. ~ - ~T~ ~z.. . ~ _ '`,.. a _ r t ~ _r i \'> } f +.I ~{ LISA K. BARKLEY, Plaintiff v. CARL T. BARKLEY, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4454 CIVIL TERM IN DIVORCE AMENDED PETITION TO COMPEL DISCOVERY AND FOR ATTORNEY'S FEES AND NOW, comes Lisa K. Barkley by and through her counsel, Saidis, Flower & Lindsay, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on August 30, 1997. 2. Petitioner filed a Complaint in Divorce on July 27, 2007. 3. The Complaint in Divorce was served on the Defendant on July 30, 2007 along with a Request for Production of Documents, a copy of which is attached hereto as Exhibit "A". 4. Repeated requests for the discovery resulted in a letter of October 26, 2007 from counsel enclosing two out of the six documents requested. 5. Missing from the discovery provided are the following: a. Statement of Respondent's interest in the Carlisle Tire and Wheel Pension Plan; SAIDIS, LIlVDSAY ~ i I 26 West High Street Cazlisle, PA b. A copy of the cash value for any life insurance policy which has accrued cash value; c. Copies of the statements from January 1, 2007 for any debt which Respondent claims to be marital; d. A copy of Respondent's 2006 Federal income tax return as filed together with all W-2s and 1099s received in 2006. 6. Petitioner has incurred attorney's fees in attempting to receive timely discovery. At present, those attorney's fees are approximately $225.00. 7. No judge has been assigned to this case. Since counsel for the Petitioner has failed to provide the discovery, it is presumed that he objects to this Petition. WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon the Respondent to show cause why he should not be compelled to provide the discovery requested and to pay the reasonable attorney's fees of Petitioner in pursuing discovery. SAIDIS, FLOW~'~t I~Ii~,DSAY S~~S, FIAWER ~ LINDSAY 2G West High Street Carlisle, PA Attorney I .44 3 26 West Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff Dated: j((~Z(D 7 re VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. X4904, relating to unsworn falsifications to authorities. SAIDIS, )FLOWER 1Sz LINDSAY 26 West High Streec Carlisle, PA . , CERTIFICATE OF SERVICE On this ~~ day of November, 2007, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Kara W. Haggerty, Esquire Abom & Kutulakis 26 South Hanover Street Carlisle, PA 17013 SAIDIS, FLOWER & LINDSAY Carol J. Lindsay s ulre Supreme Cou ID o. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 FLOWER 8z LINDSAY 26 West High Street Carlisle, PA r~; !~ _~ ....,J ~~1 .. <Tn' .....' ~.~ ' ~f7. -,.1.,~ ~~ ; r~-~ _ • =r t ~ c., LISA K. BARKLEY, Plaintiff vs. CARL T. BARKLEY, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.07-4454 CIVIL IN DIVORCE IN RE: PLAINTIFF'S PETITION TO COMPEL DISCOVERY AND FOR ATTORNEY'S FEES ORDER AND NOW, this ~ 3" day of November, 2007, a brief argument on the plaintiff's motion to compel discovery and for attorney's fees is set for Thursday, January 3, 2008, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, /~ Kevin .Hess, J. Carl Lindsay, Esquire For the Plaintiff Kara Haggerty, Esquire For the Defendant :rlm C~~«,~,y,~~ ~~,3~~7 ~'7 hy'dl~~h,Si~~(~~ ~£ .£ ~d €! IIOHtOQZ h~tf1.G~+,r~Hd x.:10 ~~a~~ LISA K. BARKLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW NO. 07-4454 CIVIL TERM CARL T. BARKLEY, JR., Defendant IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT this ~ ~~~ da of ~ ~-~ ~~ 2007, THIS AGREEMENT made (_~__~ y __ between LISA K. BARKLEY, of 1198 Green Spring Road, Newville, Cumberland County, Pennsylvania, hereinafter referred to as Wife, and CARL T. BARKLEY, JR., of 1198 Green Spring Road, Newville, Cumberland County, Pennsylvania, hereinafter referred to as Husband. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on August 30, 1997, in West Hill, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, to Number 07-4454, Civil Term on July 27, 2007; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente life, counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: 1 (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Upon the execution of this agreement, the parties shall execute and file an Affidavit of Consent and Waiver of Notice Forms, necessary to finalize said divorce. (3) REAL PROPERTY: The parties are the owners of certain real estate with improvements thereon erected and known and numbered as 1198 Green Spring Road, Newville, Cumberland County, Pennsylvania. The real estate is subject to an Agreement of Sale and calls for the parties to provide to the purchasers of the property $8,000.00 as a Seller assist. At settlement, the parties will pay off the mortgage and pay the usual costs of sale. They will equally divide the proceeds provided, however, that Husband accepts responsibility for the payment of the Seller assist and will, therefore, provide to Wife from his half share of the proceeds $4,000.00 on the date of the settlement. Wife will pay the VA funding fee and for septic inspection. In the event those costs are paid at settlement, she will reimburse Husband for half of them. Pending settlement, the parties wil! pay for the costs of maintaining the home as they have since the filing of the Complaint in Divorce with each party contributing toward household expenses, Wife paying 45% of said expenses and Husband paying 55% of said expenses. Refunds of mortgage payments and real estate taxes will be equally divided. a (4) DEBT: A. Marital Debt: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement, except as follows: i. Loan to Members 1St Federal Credit Union in the amount of approximately $9,900.00, taken by Husband to pay off his truck; ii. Loan Wife has taken with Capital One in the amount of approximately $20,000.00 to pay off college expenses; iii. Wife's Members 1St Visa credit card in the amount of approximately $750.00; iv. Husband's Capital One Master Card in the amount of approximately $6,000.00. 1: Husband shall pay the obligations to Members 1St Federal Credit Union loan and for his Master Card by making timely monthly payments in at least the minimum amount required by the creditors until paid in full. 2: Wife shall pay the obligations to Capital One and on her Members 1St credit card by making timely monthly payments in at least the minimum amount required by the creditors until paid in full. Each party shall pay the outstanding debts as set forth herein and further agrees to indemnify and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on July 27, 2007, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. 3 C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within ten days of the date of this Agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. Specifically, Wife will retain the 2002 Honda Civic which is not encumbered by a lien. Husband will retain the 1997 Chevrolet truck which is not encumbered by a lien. Wife will retain the 1996 Chevrolet Corsica, titled in her name, but driven by the parties' son. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they shall effect a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property whether such property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including 4 retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. (8) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support and alimony pendente lite. (9) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Wife is represented by Carol J. Lindsay and Husband is represented by Kara Haggerty, Esquire. 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 as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shalt pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (10) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (11) INCOME TAX: A: 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 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 5 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. B: The parties anticipate filing separate income tax returns for 2007 and subsequent years. For the tax year ending December 31, 2007, the parties will equally divide the deductions for mortgage interest and taxes. Wife will be able to claim Jace C. Barkley as an exemption on her 2007 Federal income tax return provided that it is acceptable to Jace C. Barkley who has reached majority, but is in school. The parties will bear the expense of preparations for their individual Federal, state and local income tax returns. The parties agree that each will report the interest earned on his or her individual Members 1St checking and savings accounts, if any, on his or her own separate return. (12) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (13) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her 6 entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (14) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (15) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (16) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) alt other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (17) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (18) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent s jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (79) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (20) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (21) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. Lisa K. Barkley rl T. Barkley, Jr. 9 ~ t`? ' ~ c~ _-.s ~,.-~ ~ ;3:..~. d ==- _ t i+_} 'Y ~ __. : ~ ,_ - ~ _ , ( ~i ~,,. t. ~ r.. ,~ r " f.r~ ---'° LISA K. BARKLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION -LAW NO. 07-4454 CIVIL TERM CARL T. BARKLEY, JR., Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on July 27, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety 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. I verify that the statements made in this Affidavit are 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. 4904 relating to unsworn falsification to thorities. Date: Lisa K. ark y PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301 (c1 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 SAIDIS, ~~OWER Sz LINDSAY 26 West High Street Carlisle, PA 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 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. 4904 relating to unsworn falsification to authorities. Date: ~ .Barkley k~ ~.,j :~ (,~ _ _ ~ :~dt~' -`i -~ L-, =: r .: cA,~ ,-. t.~ •-c LISA K. BARKLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW NO. 07-4454 CIVIL TERM CARL T. BARKLEY, JR., Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on July 27, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety 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. I verify that the statements made in this Affidavit are 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. 4904 relating to unsworn falsification to authorities. Date: /Z-3.07 /~ rl T. Barkley, Jr. DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301 (cl 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 SAIDIS, FTAWER ~ LIlVDSAY 26 West High Street Carlisle, PA 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 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. 4904 relating to unsworn falsification to authorities. Date: / Z- 3 • o ~ rl T. Barkley, Jr. t '? na C~ c~ " ~1 t ` i ~' y^~ ~ ~'~' - -» Cpl LISA K. BARKLEY, Plaintiff v. CARL T. BARKLEY, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4454 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on July 31, 2007, via certified mail. Proof of service was filed with the Court on August 1, 2007. 3. Date Affidavit of Consent required under Section 3301 (c) of the Divorce Code was signed: By Plaintiff: December 3, 2007 and filed with the Prothonotary contemporaneously herewith. By Defendant: December 3, 2007 and filed with the Prothonotary contemporaneously herewith. 4. Related claims pending: The terms of the Property Settlement and Separation Agreement dated December 3, 2007 are incorporated, but not merged, into the Decree in Divorce. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was signed: By Plaintiff: December 3, 2007 and filed with the Prothonotary contemporaneously herewith. By Defendant: December 3, 2007 and filed with the Prothonotary contemporaneously herewith. SAIDIS, FIAWER &. LIlVDSAY 26 West High Street Cazlisle, PA SAIDIS, FLOWER & LINTY Carol J. Lindsay; E q ire Supreme Court I .44693 26 West High Street Carlisle, PA 17013 717-243-6222 Attorney for Plaintiff Lisa K. Barkley ~"'~ ~ C~ ;-- -~i :`' ` ~ ~ ~ 'i : . { Y ~a7 -,:~~ ~," > C> . __~, c,;; LISA K. BARKLEY, Plaintiff v. CARL T. BARKLEY, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4454 CIVIL TERM IN DIVORCE PRAECIPE To the Prothonotary: Please withdraw Plaintiff's Petition to Compel Discovery. SAIDIS, FLOWER & LINDSAY SAIDIS, LIlVDSAY~ 26 West High Street Carlisle, PA Carol J. Lindsay, E Supreme Court I I 26 West High St~ Carlisle, PA 17013 717-243-6222 44693 Attorney for Plaintiff Lisa K. Barkley CERTIFICATE OF SERVICE On this / ~ day of December, 2007, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Kara W. Haggerty, Esquire Abom & Kutulakis 26 South Hanover Street Carlisle, PA 17013 SAIDIS, FLOWER & LIN c;aror~. unasay,~squ Supreme Court ID;'No. 26 West High Strom Carlisle, PA 17013 717-243-6222 FiAVVER 6z . LINDSAY 26 West High Street Cazlisle, PA ~y =~ - " ' " r , ~ : lam ~.; _ ~, ~~- ~ ~C7'~ ~-- 1 N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. . ,, . LISA K. BARKLEY `~ `~ 07-4454 No. VERSUS CARL T. BARKLEY, JR. DECREE IN DIVORCE AND NOW, ~c~c,~.~l.~. /.~~ , ~r IT IS ORDERED AND LISA K. BARKLEY DECREED THAT AND CARL T. BARKLEY, JR. 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; The terms of the Separation and Property Settlement Agreement dated December 3, 2007 BY THE COURT: PROTHONOTARY are incorporated, but not merged, into this Decree in Divorce. ~~~ ~~~ ~~~ ~.~' ~- ~l ~ , ~> ..'