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HomeMy WebLinkAbout04-1844REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff JULIE M. BARR Plaintiff CHRISTOPHER A. BARR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COLrNTY, PENNSYLVANIA ../ CIVIL ACTION - LAW IN 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 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. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, Carlis][e, 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 3dNY 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 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff JUL1E M. BARR Plaimiff CHRISTOPHER A. BARR Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. : : CWIL ACTION - LAW : IN DIVORCE AVISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las p~iginas siguientes, debar romar acci6n con prontitud. Se la avisa quc is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede set emitado en su contra pot la Corte. Una decisi6n puede tambi6n set emitida en su contra pot caulquier otra queja o compensaction reclamados por el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales estfi disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas,, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABA JO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attomeys for Plaintiff YULIE M. BARR Plaintiff CHRISTOPHER A. BARR Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. : : C1VIL ACTION - LAW' : IN DiVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE', 1. Plaintiff is Julie M. Barr, an adult individual who currently resides at 6308 Valleybrook Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Christopher A. Barr, an adult individual who currently resides at 4182 Elk Court, Apartment 103, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 30, 1989 in Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions of divome or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there are two children of this marriage under the age of eighteen, specifically Kristiana Marie, date-of-birth September 10, 1994, and Katelyn Nicole, date-of-birth February 27, 1996. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. 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. 11. In the alternative, Plaintiffwill file a 3301(d) Affidavit and provide the appropriate Notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divome pursuant to Section 3301(c) or (d) of the Divorce Code. COUNT I EQUITABLE DISTRIBUTION 12. Paragraphs one (1) through eleven (11) of this Complaint are incorporated herein by reference. 13. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 14. The parties have acquired marital debt during the:ir marriage. 15. Plaintiff and Defendant may be unable to resolve amicably the property issues in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt. 16 by reference. 17. 18. 19. Plaintiff. COUNT II ALIMONY and ALIMONY PENDENTE LITE Paragraphs one (1) through fifteen (15) of this Complaint are incorporated herein Plaintiff lacks sufficient property to provide for her reasonable needs. Plaintiff is unable to sufficiently support herself through appropriate employment. Defendant has sufficient income and assets to provide continuing support for the WHEREFORE, Plaintiffrequests this Honorable Court to grant her Alimony and Alimony Pendente Lite. COUNT III COUNSEL FEES AND COSTS 20. Paragraphs one (1) through nineteen (19) of this Complaint are incorporated herein by reference. 21. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case in the employment of counsel and the p*,yment of costs. 22. The Plaintiff is without sufficient funds to suppe,rt herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 23. Plaintiffs income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 24. Defendant has adequate earnings to provide for the Plaintiffs support and to pay counsel fees, costs and expenses. WHEREFORE, Plaintiff requests this Honorable Court to grant her Counsel Fees and Costs. Respectfully submitted, ~ma ey[nis on~t~o~ Esquire I.D. 2331 Market Street Camp Hill, PA 17011 Telephone No. (7117) 763-1383 Attorneys for Plaintiff Julie M. Barr VERIFICATION I, Julie M. Barr, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that £alse statements herein are made subject to the penalties o£ 18 Pa.C.S. Section 4904, relating to unsworu falsification to authorities. Date: JULIE M. BARR Plaintiff CHRISTOPHER A. BARR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-1844 CIViL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Carol Lindsay, Esquire am authorized to accept service of the Complaint in Divorce on behalf of my client, Christopher A. Barr, in the above captioned matter. Date: //~.~y0 / O L/ By: IINTSERVERIUSERS\R&A FAMIL V LA WlCLIENT DIRECTORYlBARR, JULIEIMSA.FINAL.DOC January 18,2005 NUUUTALSETTLEMENTAGREEMENT THIS AGREEMENT (Agreement"), made this -11.{I---- day of~, 2005, by and between Julie M. Barr (hereinafter "WIFE") and Christopher A. Bar! ~ereinafter "HUSBAND"), and The Valleybrook Organization, Inc.; WIT N E SSE T H: WHEREAS, the parties hereto were married on September 30, 1989, in Camp Hill, Pennsylvania; and WHEREAS, the parties have two children of this m~crriage, namely Kristiana Marie Barr, date of birth September 10,1994 and Katelyn Nicole Barr, date of birth February 27,1996; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration ofthe covemmts and promises hereinafter to be kept and performed by each party and intending to be legally boundl hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is represented by Debra Denison Cantor, Esquire of REAGER & ADLER, PC. HUSBAND is represented by Carol Lindsay, Esquire of SAIDIS, SHUFF, FLOWER & LINDSAY. Page 1 of 14 IINTSERVERIUSERS\R&A FAMILY LA WlCLIENT DIRECTORY\BARR. JULIEIMSA.FINAL.DOC January 18,2005 The parties further declare, and represent and warrant to the other, that each is executing the Agreement freely and voluntarily having either obtained suffici,ent knowledge and disclosure of their respective legal rights and obligations, or if counsel has not b,~en consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable, and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to g330l(c) ofthe Divorce Code. A divorce action was filed by WIFE with the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action No. 04-1844 on April 27, 2004. Acceptance of Service by HUSBAND's counsel, Carol Lindsay, Esquire, occurred on May 6, 2004. The parties agre(: to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of the Agreement. This Agreement shall remain in full force and effect after such time as a fmal decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. EFFECTIVE DATE The effective date of this Agreement shall be December 31, 2004. 4. MUTUAL RELEASES. Except as otherwise expressly provided in this Agreement, each party absolutely and unconditionally releases the other and the estate ofthe other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Permsylvania Divorce Code of 1980, as amended. Page 2 of 14 \\NTSERVER\USERSIR&A FAMILY LA WlCLIENT DIRECTORYlBARR. nJLIEIMSAFINAL.DOC January 18. 2005 Except as otherwise expressly provided in this Agreement, each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue ofthe marital relationship of the parties. The above rdease shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, 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 of the United States, or any other country. Except for any cause of action for divorce and claims to enforce this Agreement, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently, and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Each party hereby acknowledges, and represents and warrants to the olher, that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they Page 3 of 14 IINTSERVERIUSERS\R&A FAMILY LA WlCUENT DIRECTORYlBARR, JULIEIMSAFINAL.DOC January 18.2005 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 shaH not harass, disturb, or malign each other or the respective families of each other. 7. REAL PROPERTY. The parties are owners ofreal estate located at 6308 VaHeybrook Drive, Mechanicsburg, Pennsylvania 17050. This home is jointly owned and jointly encumbered. The parties agree that the home has an equity value of$53,761.00. The parties agree that the house is valued at $185,000.00 and the net equity deducts the existing mortgage. It is agree:d that WIFE shaH retain the marital home and HUSBAND hereby waives any right, title and inter,est in said property. HUSBAND has previously executed and delivered a deed transferring his interest in the home to WIFE. Said deed shaH be held in escrow with HUSBAND's counsel until such time as WIFE completes refinance. 8. DEBTS. The parties are joint obligors on an M&T loan with an approximate balance of$29,323.06. The parties are also obligors on three outstanding credit cards. An MBNA Visa, Account No. 5490994363248741 ($8,768), MBNA Visa Account No. 5490990694099217 ($7,577), and a Bank card Account No. 4313 0270 7300 2963 ($6,858). HUSBAND hereby agrees to assume responsibility for both MBNA Visa accounts and hereby agrees to indemnify and hold WIFE harmless from such. WIFE agrees to be solely responsible for the Bank card and agrees to indemnify and hold HUSBAND harmless from said obligations. The M&T loan was assigned to Donald E. and Rose Marie Slike. The sum due and owing the Slike's as a result of this assignment is incorporated into the note attached hereto as "Exhibit D". Husband shaH be solely liabile for repayment of this note and shaH indemnify and hold Wife harmless from said obligation. Page 4 of 14 \\NTSERVER\USERS\R&A FAMILY LAWlCUENT DIRECTORY\BARR, JULIE\MSA.FINAL.DOC January 18, 2005 HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein, WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and he shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 9. V ALLEYBROOK ORGANIZATION, INC'. The parties are shareholders in an S Corporation known as The Valleybrook Organization, Inc., fin/a Perk and Surf, Inc. ("Valleybrook"). HUSBAND is a 51 % shareholder and WIFE is a 49% shareholder. The parties jointly engaged Jake Kauffman to provide an evaluation of the business, which was valued at $81,500.00. The parties concur with the value of the business. Valleybrook is a service organization and holds a franchise from Home Instead, Inc. As such, the parties executed franchise and related agreements with Home Instead, Inc" which require certain actions to take place prior to the transfer or assignment of ownership and franchise lights. The parties have taken steps to transfer the ownership which shall be effective December 31,2004. Concurrently with the execution of this Agreement, WIFE shall execute: a. Mutual Release between WIFE and Home Instead, Inc. (Exhibit "A"); and b. Stock transfer documents prepared by HUSBAND's counsel (Exhibit "B"). Concurrently with the execution of this Agreement, Husband shall execute: a, Guaranty and assumption of obligations between HUSBAND and Home Instead, Inc. (Exhibit "C"); and b. Stock transfer documents prepared by HUSBAND's counsel (Exhibit "B"); and Page 5 of 14 \\NTSERVER\USERS\R&A FAMILY LA WlCLIENT DffiECfORY\BARR, mLIEIMSA.FINAL.DOC January 18, 2005 c. Promissory Note to Donald E. Slike and Rose Marie Slike Associates (Exhibit UDU). In exchange for the transfer to him of all interest in Valleybrook, HUSBAND, individually, and Valleybrook agree to indemnify, defend and hold Wife harmless from, and to be solely responsible for, any and all claims and liabilities associated with the Valleybrook business, known or unknown, including, without limitation, any franchise fees and obligations, indebtedness, payroll or other tax obligations, workers' compensation, unemployment compensation, or any other employer related assessments, to include any claims or liabilities related to wage payment or wage payment practices of V alleybrook. Eleven Thousand Dollars ($11,000,00) of shareholder loans currently exist with the corporation. HUSBAND, individually, and Valleybrook shall assume responsibility for the shareholder loan/obligation and all tax consequences thereto, and shall indemnify and hold WIFE harmless from such. In addition, the corporation and the parties incurred an $8,300.00 tax obligation for the tax year 2003. HUSBAND, individually, and Valleybrook agree to be responsible for said obligation. Valleybrook owes the sum of $53,323.06 to Donald E. Slike and Rose Marie Slike for outstanding lease obligations and the M&T loan. Concurrently with the execution of this Marital Settlement Agreement, HUSBAND, on behalf ofValleybrook and individually, shall execute a Note attached hereto as Exhibit D, HUSBAND, on behalf of Valleybrook and individually, agrees to assume sole responsibility for the repayment of this obligation and agrees to indemnify and hold WIFE harmless from such. In the event HUSBAND sells or transfers ownership ofValleybrook and/or the franchise rights to a third-party, the obligation due Donald E. Slike and Rose Marie Slike shall become immediately due and owing and shall be paid in full. HUSBAND, individually, and Valleybrook shall be solely responsible for any and all corporate or individual tax consequences related to the performance ofthe business. a. HUSBAND agrees that (i) Valleybrook shall not amend, revise, or take positions inconsistent with its prior tax returns without the prior written consent of WIFE, which consent may not be withheld unreasonably, and (ii) any tax return(s) required to be prepared and filed in the future for any Page 6 of t4 IINTSERVERIUSERS\R&A FAMILY LA w\CUENT DIRECTORYlBARR, JULIEIMSA.FlNAL.DOC January 18, 2005 period(s) in which WIFE is shown as a shareholder of Valley brook shall be prepared and filed in a manner consistent with Valleybrook's prior tax returns; b. HUSBAND agrees to cause Valleybrook to provide WIFE with such tax and accounting information as may be reasonably necessary or appropriate in order for WIFE to complete any tax return(s) required as a result of her ownership of shares of V alleybrook and/or the transactions contemplated by this Agreement; c. HUSBAND agrees to do such things as may be necessary or appropriate to cause Valleybrook to close the books of V alleybrook effective as of Closing.; and d. Wife shall submit all income and other tax information to Ray Brown no later than Feb 15,2005. Husband shall have the right to elect to file a joint return for 2004 until April I, 2005. If HUSBAND fails to make the election by April I, 2005, Wife shall have the right to make the election to file a separate return. If the parties file separately, HUSBAND agrees to cause Valleybrook to pay WIFE one bonus to be distributed on April14'h or on such date thereafter as WIFE files her return, should WIFE owe any income tax arising from an allocation of Valleybrook income, in order to provide WIFE with the cash (on a dollar-for dollar basis) to meet income tax obligations of WIFE arising from the allocation of V alleybrook income to WIFE pursuant to subchapter S of subtitle A of the Internal Revenue Code and comparable provisions of Pennsylvania income tax law. HUSBAND and Valleybrook shall be solely responsible for the cost of any analysis performed in order to determine Husband's election. Should HUSBAND elect to file jointly, HUSBAND shall be solely responsible for the costs associated with the preparation of the joint return. HUSBAND and Page 7 of 14 \\NTSERVER\USERS\R&A FAMILY LAW\CLIENT DIRECTORYlBARR, JULIEIMSA.FINAL.DOC January 18, 2005 Valleybrook shall be solely responsible for the cost of preparing the corporate return.. HUSBAND and Valleybrook shall also be responsible for all additional tax liability associated with this filing and for any period during which WIFE will owe income tax obligations arising from an allocation of Valleybrook income. WIFE shall be (mtitled to receive a copy of the 2004 corporate return in its entirety. 10. CHILD SUPPORT, SPOUSAL SUPPORT AND ALIMONY The parties agree that from the date of execution of this agreement and continuing for a period of thirty-six (36) months, support shall be set at $1,200,00 per month due payable through PaSCDU. The parties agree that said support shall be allocated for tax purposes only in the amount of$900.00 for child support and $300.00 for spousal support, ,md after the divorce, for alimony. The parties agree that this support amount shall be nonmodifiable for a period ofthirty-six (36) months. It is the parties' intent that WIFE shall be paid $1,200.00 per month. In the event HUSBAND attempts to modify this amount downward prior to the expiration ofthirty-six (36) months, for each dollar of child support lost, WIFE shall be entitled to receive alimony of$1.00. For example, ifthe support amount through Domestic Relations is reduced from $1,200.00 to $1,000.00, WIFE shall receive $200.00 in alimony. Likewise, if WIFE's child support increases, HUSBAND's alimony obligation shall be reduced by each dollar of child support gained. This provision will continue until the expiration of the thirty-six (36) month term. It is agreed that HUSBAND's arrearages shall be reduced to $0, effective the execution of the agreement. WIFE shall be solely obligated for any day care costs until the expiration ofthe thirty-six (36) month period. HUSBAND shall maintain health insurance coverage on the children for the thirty-six (36) month period unless Wife is able to provide similar coverage at a lesser cost in which instance Husband will reimburse Wife for the cost of the children's insurance ten (10) days prior to the premium due date. If Husband fails to make more than two premiurn payments in a timely manner, Husband shall immediately maintain coverage ofthe Ghildren, HUSBAND and WIFE shall divide equally all unreimbursed medical expenses. Page 8 of 14 \\NTSERVER\USERS\R&A FAMILY LA WlCLIENT DIRECfORYIBARR. JULIEIMSA.FINALDOC January 18,2005 Upon the expiration of the thirty-six (36) month period, both HUSBAND and WIFE shall have the opportunity to review the support obligation with Domestic Relations. After the expiration of the thirty-six (36) month term, WIFE waives any right, title and interest that she may have to alimony, alimony pendente lite or spousal support. Upon the "xecution of this Agreement forward, HUSBAND hereby waives any right, title and interest to alimony, maintenance, support and alimony pendente lite. I I. LIFE INSURANCE. HUSBAND and WIFE were each the owners of a $250,000.00 life insurance policy for a twenty-year period. HUSBAND shall reinstate his policy which lapsed December 2003 or acquire a policy for an equivalent amount of $250,000 for a minimwn ten-year term. HUSBAND shall reinstate or obtain a new policy within sixty (60) days of the ,execution of this Agreement. WIFE shall maintain her policy. The parties agree that they shall each name the oth(:r as the irrevocable beneficiary for $100,000.00. The remaining $150,000.00 benefit shall be designated for the children in equal shares. It is the intent of the parties that these funds be utilized for the children's benefit. Each party is entitled to annual proof of coverage and beneficiary designation. 12. VEHICLES. The parties are the owners ofa 1998 Chevy Astro van and a 1997 VW Passatt. It is agreed that WIFE shall retain the 1998 Chevy Astro van and HUSBAND hereby waives any right, title and interest he may have in said vehicle. It is agreed that HUSBAND shall retain the 1997 VW Passatt which is encumbered by a car loan. WIFE hereby agrees to waive any right, title and interest that she may have in said vehicle. HUSBAND agrees to be current on all car payments on the Passatt and within sixty (60) days of the execution of this Marital Settkment Agreement shall refinance or otherwise remove WIFE's name from said obligation. HUSBAND shall also retain the 1990 metal fab trailer and WIFE hereby waives any right, title and interest she may have in said trailer. HUSBAND agrees that he will obtain his own automobile insurance no later than June 30, 2004. Thereafter, the parties shall keep their policies separate and apart. Page 9 of 14 IINTSERVERIUSERSIR&A FAMILY LA WlCUENT DIRECTORYlBARR, JULIEIMSA.FtNAL.DOC January 18,2005 13. BANK ACCOUNTS. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 14. PERSONAL PROPERTY. Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property iin his or her possession. 15. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees llid costs incurred in the enforcement ofthis paragraph or any other provision of this Agreement. No obligation created by this Agreement or the Note attached as Exhibit D shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right Ito assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. Page 10 of 14 IINTSERVERIUSERSIR&A FAMILY LA WlCLIENT DlRECTORYlBARR, JULIEIMSA.FINAL.DOC January 18. 2005 16. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 17. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whethl:r enforcement is ultimately achieved by litigation or by amicable resolution, It is the specific Agre:ement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 18, WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: a. The right to obtain an inventory and the appraisement of all marital and non- marital property; b. The right to obtain an income and expense statement of either party; c. The right to have all property identified and appraised; d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and e. The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses, 19, MUTUAL COOPERATION, WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. Page 11 of 14 IINTSERVERIUSERS\R&A FAMILY LAWlCLIENT DIRECTORYlBARR, JULIEIMSA.!'INAL.DOC January 18, 2005 20. VOID CLAUSES. If any term, condition, clause or provision ofthis Agre,:ment 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. 21. APPLICABLE LAW. This Agreement shall be construed under the laws of It he Commonwealth of Pennsylvania. 22. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. Page 12 of 14 I\NTSERVERIUSERS\R&A FAMILY LA WlCLIENT DIRECTORYlBARR, JULIEIMSA.FINAL.DOC January 18,2005 IN WITNESS WHEREOF, the parties hereto have S(:t their hands and seals ofthe day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. Wirn~{L ~'9tfJ1.,~ i ~,!;9~ Christopher A. Barr, individually The Valleybrook Organization, Inc. j!,ilMl/z-l- By: Christopher A. Barr, President Witness Page 13 of 14 \\NTSERVER\USERS\R&A FAMILY LAWlCLIENT DIRECTORYlBARR. JULIEIMSA.FINAL.DOC January 18. 2005 COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND <r ' II On the _J ':l ~ day of , 2005, before me, a Notary Public in and for the Commonwealth ofPennsylv ia, the undersigned officer, personally appeared Julie M, Barr, known to me (or satisfactory pro n) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. COMMONWEALTH OF PENNSYLVANIA Notarial Seal JenniIer Groos. Notary Public Camp HiI Bcro. Cumboriand County MyC<>........... E>cpires Sept. 11. 2008 Member. Pennsytvania Association Of Notaries COMMONWEALTH OFP~-5/1 \;''-<4, COUNTY OF C~." LtJ On the _I <<"VI" day of , 2005, before e, a Not~GS Public in and for the Commonwealth ofPenns lvania, the undersigned officer, personally appeared Christopher A. Barr, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. ,A';/ (", \ ~l"UbhC ommission Expires: : SS. COMMONWEAL::" E::!' .N_~V~'!JANIA ,r "'" . ~ .-, tV "$ IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. ) r;- I~~/ ),v5, ~p~ My Commission Expires: COMMONWEALnt OF PENNSYLVANIA Notarial Seal JennIfer GrollS. Nolary Public Camp HI! Bom. Cumberland COOnty My CommissIon EO<pifes Sepl11. 2008 Member. Pennsylvania Association Of Notanes Page 14 of 14 ~, ~, QJ.e1.t.tt ~' "~ ',~ ~ y~ "7// ; f' -'-,. I f ---- r.u., MUrfJ,u,......., , ORIGINAL '. ; ,,:' , 'ThI. NlIIlIIl...I_ (lIIa "MIICUI..I......, II... IIld 1Olft4._ Hame --. Joe.. aJol"'o..~ (Iwnlaal\IIr rtf'w.te4 fn U "SOl 11111a tat 1111' ("auImltat"). , .' :, : wrrNUSl1'H: : , ' I' ,'W1i!lU..\s,__ hlJ_lIl4h:k iIId SlIt(lIIc., aJaaylvan!1 ~llI1 ~~") VI putfeillllWn1e IDMId Q eIIlor CII\l1'rWllCte ""...tIIl No. t421S-.d 'AIapt 2".I911aCdl-~. AFIIl'lllII\I!? ~PrIIICllI*lhe ClIC1ullverlpuupln lIIllaperM1l'o.nia 1iII..'s.!or On Fut 1lIte, pv.llIIIt to lIIc1l'11ll1>lIU. ~ Wlltlln 11Ie,_c1*.;wd 1aIxIrilriIAIII1Iw'-1ililia'4IIi_lIJ1ld ''WHI!IW, F~IOC IIIbt1lqllllllll, i llIuIIJM '- ll8IllIlO 'I'IIl:l VlUIlybrook CrplIiIatlCll, t!lc.: IIlll ' ' , , 'WHBR.EAS. ChI~1lI' 'Naill abmh )!derogPnaclll~ IlK! W1fE.l(SA8; O\I.III'liIIta'pClllllllly II__lheobllptlOlll ot1'l'IIlIChlstllllltldcr llllI F_chIu AgIeIal_t tbIolIIll- ..lNdoA Ilf.''Cl<Waly IIl4 1\W....,t!otI ofObUalllo,." oa Aupt 24.1998 ("O->tY"); aIld ' , WHI!1U!ASi 0iwlIlIlll' II no lonier' ~ .\Welu5lder ot:hcla1llHe IlId hU lmlferred an of her inten:allu IIId to fJanc:l1l#o and 1b F~I ~bIfie ~ III Chris A.1arr: and ' , -. 0), ' .' ~ . , , WHE\l.:S.AS. lImil.Jnstcllcl ~ Chal ~ c1.1O maly rei.... taeh cxIler hili any ail all Obll~ dalnlt,. ri.... prlvl\1l1Cl11M tollil aIlCl ClIiIbliI~ la I&icl PnIlohlH ~tm an4 rcllll.... to IIMII1e at.! P\lI'dlllt ottbe tIJldI plItlld in lIld Jlrl!CChlle ~fn~;1Ild " ; , ' .' . . ' . .Æ, , '; ~ die p.u.lunto deihlt :f.!:) 1.1_ Meh olller I\>am all elW:lt a1ld CI\l$1I of Illtlon mid .tall'" an4 O!:lUplill1ll wllld\lIIt U'" bIII'tlo hive apilut *" ~ , '.'" ".. Now~, in CIllIIhlllnll~ n ,arm. pren\liII Gullbled herein It i. bereby 1lilf"'S: ;' 1. 1be l'tOvlalCllll cttlle l:Ocltall...,.,lISOlltll~ IllW Iunby inaotpCllaled oy ,reftlrellt:e as if ~ out I\IIly"" wU have ~I J fbtce llIlcIltaa\ dl'teI. ' ' , ' , ':I. Hem,1IlIlO1Il and ~Qf en bc:ballotlllellllllv...1beir precl-..s, IUcceam'l, -iF-. oMe-, IpllW, ellll'iol' ''''1qlreHIltallwa, pai!un. ~tql'S. S.MIll'. ofticm,P&ltmb, IffIllatco II1d att.lmIci"l do lienby 1lJ1.IAJ! ANn. JI01t!VH1l J)1$CKAlU:l!. wb.0IbIr lIIllIlIllh ClIlIir'. preh""~,",I."'i ~-, UIlsN,om-.I~.lmpl~yee.. ! , ' " , , r ........V r..IIi!I'S or' npt~..., ~b.:.r-.. dIrctats.""'* II..... pIlIlIlI.ltmlatlallll1 ~ ",4.U paalllt 1Illl_ WIIICli IIIlPt 1II111ltl1 tlIIIllII)' IIlIIIIl __, ell... of 1Ofl000, olaIlIII, .~..dt,~.... .... tll4l101111i IIl&IcIl\ ad" 0. of fIllY ev....Imllwn'fIt ~ QcCllt'l'tna prIOr 10 .... III 1IlI&~ lUIIal.llIlIM au apIIC4flcl1l1.' wllbGlIt rUIoIIOI ..w M...".,I1T1l ;~~0lUfac.n JII)' ....t...utIoilI, __ otllOtion, oWIIM!, IItm.....'~,~ 1114 -._ dlNIl bI fit lII4It'eGlIy 1i1.'I~(jr {e) 1hfll"111d1iae ~ II1d Ift,y ~0I1llq\Ilrt4ltl'1ll)l1'lltY~; (\I) Ill)' obllpllCllIO buy lid or qplltObUt lilY Il'ahIu \lllit IlOVOl'CI thy Ibo ~ ~ or III)'JlfOPlInY oMIIll byeilllerpany, w!iIIIIf'" _ tbtlRDOlIllt ApI'lWIltI or 0dltrwiNl1II4 (0) "'Y ... clI!Do repnt~. ottllualutllll P-mlll~ 11)"""'11111.. 3, , ' N1Y"~ oIllialtlODl Ofl MrmIIIt 10 Home InGte14 UIllIwllI. ClIlarImy Il'tI IlKtby """iNIed.. '," ' , '. ' , " '... i, /Wld1t811! ~ J4wI\Ial a.tCIIII ~ bllll1)' IV~ toItuD lJIdI'11Iiot AolI'lIu poat. , temMttkllI co~ liailt8lM4l1llllt '-I h1~ Aart.lUlI&'lIIlIl~ '-riIlyNdlml.lb6 palMmulnatlOll liOVCliIlllt corallleclllllh.1 ~ ......lIIt, , , S., ~ TIli. MUlUIiI Belaulllball \Ie pverM4 by 1h"Il~lllII1Clv.lawl oflhe Slate 01' N'ebra;Ia' : ' " , . I' . '6. ,'the t=IlIlImot lltIllCI1llIVl ~.'8114 nctlll<<lltCllaluDd t!ley mtt tne 1llIti10 ..,..,mIlllMwttft chi pl1llet. " .: I " ; , . 1 ',, , , " 1, Tllio MIl1lI&l RaleM. _Y II. ~ lllrwo '" r_ coUDtl:rJlarta, _ otwhlob 'N\IcI iIlJned lball ~~te m orlpl, Inll 'Ill at wblch w,* ~pcd, ~ teIun 10_<<, IlWll:Ollllltlrto OIlOMilllIaI Rtluw. , ' " s: '; Ally IactlmUe copy, olller <<",'lor tepto6lcdoa ;)t_ll&>>td eoimtelJlarl onlinal ot lI1i, MIIlIIaI Beleu.1IIall " if filii)' ~'I ~ IlUl blndlDa .. <a orIsWllipd IlOlI1\ttlpl1'l of lbI'~"I""" ,',' I ' .,' . . . . , . , IN \VlTNl!SS WHlllEOP, !he}Wtl ~ IlIfC1D ental' IlllCllhls AJrcOmCllt' elfIcrJ\It \lllOll 1h~lutclal.."rtol'!ll'blllil'N., :, ' , " FllA..';CHIS01: , 'ROMI lN8~; INq.' . '. ' 1 Gt1^lV.NTOll.: ' JUUlM, BoUR "~I ~IH1,~ , Ml, ,,1Ian , , ; , {d~ ~(-btf' , i , ,I I '1 ( STOCK TRANSFER AGREEMENT ORIGINAL This agreement is made this 31-5/+ day of ~7.-- ,2004 by and between Christopher A. Barr of Mechanicsburg, Pennsylvania and Julie Barr of Mechanicsburg, Pennsylvania. R.1 The parties are owners of all of the shares of the Valleybrook Organization Inc. R.2 Christopher A. Barr owns certificate number 1 consisting of 50,000 shares and certificate number 3 consisting of 1,000 shares and Julie M. Barr holds certificate number 2 consisting of 49,000 shares. R.3 The parties intend to enter into a marital settlement agreement. NOW THEREFORE in consideration of the mutual promises contained therein, including those in the parties Marital Settlement Agreement, and other good and valuable consideration, and intending to be legally bound, the parties agree as follows: 1. Julie M. Barr transfers to Christopher A. Barr certificate number 2 including her 49,000 shares of the Valleybrook Organization Inc. EXHIBIT J-B- IN WITNESS WHEREOF, the parties hereto have set their hand and seal the date above first written. ATTEST By (1/. II /I I/r/fi77 !v i V/--r.,/ Christopher A. Barr Witness -:--.- 7:)/*f/L Wltn ',--~ By ~r~1'\~ GUARANTY AND ASSUMPTION OF OBLIGATION~ ORIGINAL THIS GUARANTY AND ASSUMPTION OF OBLIGATIONS is giv of , 2004, by Christopher Barr 5002 Lenker Street Mechanicsbur~, P A 17050 ("Guarantor"). In consideration of, and as an inducement to, the execution of that certain Franchise Agreement of even date (the "Agreement") by Home Instead, Inc. (the "Franchisor"), and with The Valleybrook Organization, Inc. a Pennsvlvania , ("Franchisee") each of the undersigned hereby personally and unconditionally (a) guarantees to Franchisor, and its successor and assigns, for the term of the Agreement and as provided in the Agreement, that Franchisee shall punctually pay and perform each and every undertaking, agreement and covenant set forth in the Agreement; and (b) agrees to be personally bound by, and personally liable for the breach of, each and every provision in the Agreement, both monetary obligations and obligations to take or refrain from taking specific actions or to engage or refrain from engaging in specific activities including, without limitation, the provisions of Sections 6, 7, 8, 14, 17 and 18. Each of the undersigned waives: (1) acceptance and notice of acceptance by Franchisor of the foregoing undertakings; (2) notice of demand for payment of any indebtedness or nonperformance of any obligations guaranteed; (3) protest and notice of default to any party with respect to the indebtedness or nonperformance of any obligations guaranteed; (4) any right he/she may have to require that an action be brought against Franchisee or any other person as a condition ofliability. Each of the undersigned consents and agrees that: (1) hislher direct and immediate liability under this guaranty shall be joint and severa]; (2) he/she shall render any payment or performance required under the Agreement upon demand if Franchisee fails or refuses punctually to do so; (3) liability shall not be contingent or c:onditioned upon pursuit by Franchisor of any remedies against Franchisee or any other person:, and (4) liability shall not be diminished, relieved or otherwise affected by any extension of time, credit or other indulgence which Franchisor may grant to Franchisee or to any other person, including the acceptance of any partial payment or performance, or the compromise or release of any claims, none of which shall in any way modify or amend this guaranty, which shall be continuing and irrevocable during the term of the Agreement. Guarantor hereby consents and agrees that: (1) Guarantor's liability under this undertaking shall be direct, immediate, and independent of the liability of, and shall be joint and several with, Franchisee and the other owners of Franchisee; (2) Guarantor shall render any payment or performance nequired under the Franchise Agreement upon demand if Franchisee fails or refuses punctually to do so; EXHIBIT I~- - (3) This undertaking will continue unchanged by the occurrence of any bankruptcy with respect to Franchisee or any assignee or successor of Franchisee or by any abandonment of the Franchise Agreement by a trustee of Franchisee. Neither the Guarantor's obligations to make payment or render performance in accordance with the terms of this undertaking nor any remedy for enforcement shall be impaired, modified, changed, released or limited in any manner whatsoever by any impairment, modification, change, release or limitation of the liability of Franchisee or its estate in bankruptcy or of any remedy for enforcement, resulting from the operation of any present or future provision of the U.S. Bankruptcy Act or other statute, or from the decision of any court or agency; (4) Franchisor may proceed against Guarantor and Franchisee jointly and severally, or Franchisor may, at its option, proceed against Guarantor, without having commenced any action, or having obtained any judgment against Franchisee. Guarantor hereby waives the defense of the statute of limitations in any action hereunder or for the collection of any indebtedness or the performance of any obligation hereby guaranteed; and (5) Guarantor agrees to pay all reasonable attorneys' fees and all costs and other expenses incurred in any collection or attempt collection of amounts due pursuant to this undertaking or any negotiations relative to the obligations hereby guaranteed or in enforcing this undertaking against Guarantor. IN WITNESS WHEREOF, each of the undersigned has affixed his/her signature on the same day and year as the Agreement was executed. GUARANTOR(S) PERCENTAGE OWNERSHIP IN FRANCHISEE ) (J;Ji(/4Z- Christopher A. Barr 100% Promissory Note ORIGINAL $ 53,323.06 De c., 31 , 2004 FOR VALUE RECEIVED, The Valleybrook Organization, Inc. a Pennsylvania business corporation (hereinafter the "Maker"), promises to pay to the: order of Donald E. Slike and Rose Marie Slike (hereinafter the "Payee"), the principal sum of Fifty-Three Thousand Three Hundred Twenty Three and 061100 Dollars($53,323.06), plus interest at a rate per annum equal to five percent (5%). 1. The principal and interest owing under this Promissory Note shall be paid in consecutive, equal monthly installments of principal and interest of one thousand six and 271100 dollars ($1006.27), commencing on January 15,2005 and continuing on the fifteenth day of each calendar month thereafter for fifty-nine (59) months. If payment is 10 days or more late, Maker will be charged 5.000% ofthe regularly scheduled payment. 2. Maker shall make all payments hereunder without notice, demand, presentation or protest, each of which is hereby waived. To the extent permitted by applicable law, Maker further waives all rights and benefits of any statute oflimitations, moratorium, reinstatement, marshalling, forbearance, valuation, stay, extension, redemption, appraisement and exemption now provided or which may hereafter be provided by law, as to all of its property, real and personal, against the enforcement and collection of the indebtedness evidenced hereby. 3. Maker shall make all payments hereunder by mailing same by first class United States mail, postage prepaid, addressed to payee at P. 0 Box 292, Camp Hill, PA 17001-0292, or at such other address as Payee may designate to Maker in writing from time to time. All payments shall be made in immediately available federal funds in United States dollars. 4. If any installment under this Promissory Note is not paid when due and if said payment remains unpaid for thirty (30) days, Payee shall have the right to exercise any rights and remedies provided Payee at law or in equity. If suit is brought to collect this Promissory Note, Payee shall be entitled to collect all reasonable costs and expenses of suit, including reasonable attorneys' fees and expenses. EXHIBIT i';t:> 5. Maker agrees that its obligation hereunder shall not be affected in any manner by any indulgence, extension of time, renewal, waiver or modification granted or consented to by Payee, except to the extent set forth in a written waiver signed by Payee. A waiver of one event shall not be construed as a waiver of any right or remedy as to any subsequent event. 6. Maker may, at its option, prepay, in whole or in part, any and all indebtedness evidenced by this Promissory Note without prior notice and without premium, penalty, or other charge. Any partial prepayment shall be applied against the principal amount outstanding and shall not postpone the due date of any subsequent installment provided in this Promissory Note or change the amount of any such installment. 7. All notices, requests, demands, directions and other communications under the provisions hereof shall be in writing unless otherwise expressly permitted hereunder, shall be sent by first-class or first-class express mail, or by telefax with confirmation in writing mailed first-class, in all cases with charges prepaid, and any such properly given notice shall be effective when dispatched in accordance with the foregoing. 8. This Promissory Note shall be binding upon and inure to the benefit of Maker and Payee, and their respective successors and assigns. 9. This Promissory Note shall be construed and interpreted in accordance with, and controlled by, the laws of the Commonwealth of Pennsylvania. 10. Time is of the essence with respect to matters of performance required of Maker under this Note. II. If any term or provision of this Note or the application thereof to any person or circumstance shall to any extent be found by a court of competent jurisdiction to be invalid or unenforceable, in whole or in part, the remainder of this Note, or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Note shall be valid and enforceable to the fullest extent permitted by law. 12. This Note cannot be amended, modified or terminated except in writing signed by both Maker and Payee. IN WITNESS WHEREOF, and intending to be legally bound her,eby, Maker has executed and delivered this Promissory Note as of the 31 ~ day of DtGCw. tJ (;? R ,2004 Maker: THE V ALLEYBROOK ORGANIZATION, INC, A Pennsylvania business corporation A~TEST: ~ -- ( /; ("Y C-;~-7 ~ / /" / _ i ! /1 I \-1'. .' I.,,/'-:/i.. -".."'--~-7> '" f.., i'1' l ~ ~.-/ 2:-?--L \ / By CP~y/(hv ~ PP-t<iOW Christopher A. BaIT, President JOINDER BY GUARANTOR: The undersigned, CHRISTOPHER A. BARR, an adult individual, ("Guarantor"), intending to be legally bound hereby, unconditionally and irrevocably guarantees to Payee, its successors and permitted assigns, the full and punctual payment and performance of all obligations when due of Maker under this Note, it being understood that Guarantor's obligations to guaranty payment and performance of all obligations of Maker shall terminate and be of no further force or effect once this Note has been paid in full. GUARANTOR WITNESS CHRISTOPHER A. BARR .~ ff" o . . . If' ((If I 1,/- ,,-vviL >, r-:;?~ . ( (}{(!Iii fA~ - J}JDIJI{)lJ.fjW1 C ristopher A. Barr, mdlVIdually ,--'. . , "II ( ~.- .) ~ JULIE M. BARR Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 04-1844 CHRISTOPHER A. BARR Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDA VIT OF CONSENT I. A Complaint in divorce under section 3301(c) of the Divorce Code was flied on April 27, 2004. 2. The tnIllTiage of Plaintiff and Defendant is in-etrievably broken and ninety (90) days have elapsed from ,he date of filing and service of the Complaint. 3. I consent to the entry of a fmal 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 con-ect. I understand that false statements he'.ein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. , Dated: I j; J/ as- c~ttn,~ Julie M1 an . ~ , ,~ - ~ JULIE M. BARR Plaintiff IN mE COURT OF COMMON PLEAS OF CUMBBRLAND COUNTY, PBNNSYL VANIA v. No. 04-1844 CHRISTOPHBR A. BARR Defendant CIVIL ACTION - LAW IN DIVORCB WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE UNl[lliB ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a fmal 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. S 4904 relating to unsworn falsification to authorities. DATE: ,//J(W- ~!1~ Ih-. VV).UO~ Julie . . Barr ----- C'\ ~ ._..1 c~ - ',,,- ~ JULIE M. BARR Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 04-1844 CHRISTOPHER A. BARR Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under section 3301(c) of the Divorce Code was filed on Apri127, 2004. 2. ,The marriage of Plaintiff and Defendant is ilTetrievably 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 COlTect. I understand that false statements herein are made subject to the penalties of 18 Pa. C. s. ~ 4904 relating to unsworn falsification to authorities. Dated: /-/8- os l~P6)/J4.. Christopher A. Barr ...'\ <. ~ -- JULIE M. BARR Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 04-1844 CHRISTOPHER A. BARR Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE UNIDll! !'l3301(c) OF THE DIVORCE ICODE 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 unsworn falsification to authorities. DATE: I-$-()j- C!pOffL- Christopher A. Barr (... ':...;.- . "'.l c - JULIE M. BARR Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 04-1844 CHRISTOPHER A. BARR Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RJECORD TO THE PROTHONOTARY: Transmit the record, together with the following infonnation, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown lmder ~ 3301 ( c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by Defendant's Attorney, Carol Lindsey, Esquire on the 30th day of April, 2004 by signing an Acceptance of Service. Acceptance of Service was filed with the court on May 6, 2004. 3. Date of execution of the Affidavit of Consent required by ~ 3301(c) of the Divorce Code: by Julie M. Barr, Plaintiff, on January 18,2005; by Clnistopher A. Barr, Defendant, on January 18,2005. 4. Related claims pending: Settled by Agreement dated January 18,2005. 5. Date Plaintiffs Waiver of Notice in S 3301(c) Divorce was ftled with the Prothonotary: January 20, 2005 Date Defendant's Waiver of Notice in S 330l(c) Divorce was ftled with the Prothonotary: January 20, 2005 Respectfully submitted, REAGER & ADLER, PC BY: DATED: January 20,2005 i, --------- " ,'. ~ .,.1 '.',-" "0; c :F.:F.:+i :F.:+i . . . . . . . . . . . . . . . . . . .. . . .. :+i :F.:F. :+i ... :f.:f.:F.:f.;f.:f. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JULIE M. BARR No. 04-1844 . . VERSUS . . . CHRISTOPHER A. BARR . . . . . . . . . DECREE IN DIVORCE J":o4././f1 . ~r , ]T ]S ORDERED AND . . . , . . . . ~ ~\ VU 1 '0 ...J y- )or AND NOW, , . . . . . . . . . . . . . . . . JULIE M. BARR , PLA]NT]FF, DECREED THAT CHRISTOPHER A. BARR , DEFENDANT, AND ARE D]VORCED FROM THE BONDS OF MATR]MONY. THE COURT RETA]NS JUR]SD]CT]ON OF THE FOLLOW]NG CLA]MS WHICH HAVE BEEN RA]SED OF RECORD ]N TH]S ACT]ON FOR WHICH A F]NAL ORDER HAS NOT YET BEEN ENTERED; . . . . . . . . . The terms of the parties' Marital Settlement Agreement dated January 18, 2005 . . . . . . . . . and attached hereto are incorporated herein but not merged herewith. . . . ,. . . . . . . Ams;j!~7 PROTHONOTARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . . . . . . . . . . . " ... ~ !Ii:" l' /f/- ''7--IL W oe ! ~;; r ~~ tI.v;:1J f(l 1E J .' . fI; 'Wi ,,:'