HomeMy WebLinkAbout09-4683ANDREW J. BENDER, ESQUIRE
PA Supreme Court ID #: 205763
Allied Attorneys of Central Pennsylvania, L.L.C.
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
JEREMIAH A. BARRETT, CIVIL ACTION - LAW
Plaintiff
NO. 0 9 ?c?•--
v.
APRIL L. BARRETT,
Defendant 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, including custody or visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary, Cumberland County Courthouse, One Courthouse Square, 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 ON THE FOLLOWING PAGE. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 OR (800) 990-9108
ANDREW J. BENDER, ESQUIRE
PA Supreme Court ID #: 205763
Allied Attorneys of Central Pennsylvania, L.L.C.
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
JEREMIAH A. BARRETT,
Plaintiff
CIVIL ACTION - LAW
NO. U4- 9(,9 _ cc A ?e4.
V.
APRIL L. BARRETT,
Defendant
IN DIVORCE
DIVORCE COMPLAINT
Plaintiff is Jeremiah A. Barrett, an adult individual who currently resides at 22
Locust Lane, P.O. Box 254, Plainfield, Cumberland County, Pennsylvania 17081.
2. Defendant is April L. Barrett, an adult individual whose last known address is 1
Chestnut Street, Newville, Cumberland County, Pennsylvania 17241.
3. Plaintiff and Defendant were lawfully married on March 11, 2005 at the
Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County,
Pennsylvania 17013.
4. Plaintiff and Defendant have been bona fide residents of the Commonwealth of
Pennsylvania for at least six (6) months immediately preceding the filing of the instant Divorce
Complaint.
5. Plaintiff and Defendant have been separated since May 1, 2009.
6. The marriage is irretrievably broken.
7. There have been no prior actions for divorce or annulment instituted by either of
the parties in this or any other jurisdiction.
8. Neither the Plaintiff nor the Defendant are members of the United States Armed
Forces.
9. The Plaintiff has been advised of the availability of marriage counseling and that
he may have the right to request the Court to require the parties to participate in marriage
counseling.
COUNT I - REQUEST FOR NO-FAULT DIVORCE PURSUANT TO
§ 3301(c) OF THE DIVORCE CODE
10. Paragraphs 1 through 9 are incorporated herein by reference as though fully set
forth herein.
11. The marriage is irretrievably broken.
12. After ninety (90) days have elapsed from the date of the filing of this Divorce
Complaint, the Plaintiff intends to file with the Court an affidavit consenting to the entry of a
divorce decree. The Plaintiff believes and, therefore, avers, that the Defendant may also file
such an affidavit.
2
WHEREFORE, if Plaintiff and Defendant each file affidavits consenting to a divorce
after ninety (90) days have elapsed from the filing of the Divorce Complaint, the Plaintiff,
Jeremiah A. Barrett, respectfully requests this Honorable Court enter a Divorce Decree, pursuant
to § 3301(c) of the Divorce Code.
COUNT II - REQUEST FOR NO-FAULT DIVORCE PURSUANT TO
3301(d) OF THE DIVORCE CODE
13. Paragraphs 1 through 12 are incorporated herein by reference as though fully set
forth herein.
14. The marriage is irretrievably broken.
15. After a period of two (2) years has elapsed from the date of the filing of this
Divorce Complaint, the Plaintiff intends to file with the Court an affidavit setting forth that he
has lived separate and apart from the Defendant for a period of two (2) years.
WHEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff
has filed an affidavit setting forth that Plaintiff and Defendant have lived separate and apart for
two (2) years, the Plaintiff, Jeremiah A. Barrett, respectfully requests this Honorable Court enter
a Divorce Decree pursuant to § 3301(d) of the Divorce Code.
COUNT III - EQUITABLE DISTRIBUTION
16. Paragraphs 1 through 15 are incorporated herein by reference as though fully set
forth herein.
3
17. Plaintiff and Defendant have legally and beneficially acquired property during
their marriage until the date of separation, all of which property is "marital property" within the
meaning of the Divorce Code.
18. Plaintiff and Defendant have, prior to the marriage or subsequent thereto,
acquired "non-marital property" within the meaning of the Divorce Code, which has increased in
value since the date of the marriage and/or subsequent to its acquisition during the marriage,
which increase in value is "marital property" within the meaning of the Divorce Code.
19. Plaintiff and Defendant have been unable to agree as to an equitable division of
said property as of the date of filing of the Divorce Complaint.
20. Substantial portions of said property are in the exclusive possession and control of
Defendant.
WHEREFORE, Plaintiff, Jeremiah A. Barrett, respectfully requests this Honorable
Court enter an order of equitable distribution of marital property pursuant to § 3502 of the
Divorce Code.
COUNT IV - REQUEST FOR CONFIRMATION OF CUSTODY
PURSUANT TO & 3104 OF THE DIVORCE CODE
21. Paragraphs 1 through 20 are incorporated herein by reference as though fully set
forth herein.
4
22. The plaintiff is Jeremiah A. Barrett, an adult individual who currently resides at
22 Locust Lane, P.O. Box 254, Plainfield, Cumberland County, Pennsylvania 17081.
23. The defendant is April L. Barrett, an adult individual with a last known address of
1 Chestnut Street, Newville, Cumberland County, Pennsylvania 17241.
24. Plaintiff seeks joint legal custody and partial physical custody with liberal
visitation of the following children:
Name Last Known Residence Age
Wyatt Allen Barrett 1 Chestnut Street, Newville, PA 17241 4
Wade Andrew Barrett 1 Chestnut Street, Newville, PA 17241 3
25. Wyatt Allen Barrett was born out of wedlock. Wade Andrew Barrett was not
born out of wedlock.
26. Defendant currently has primary physical custody of the children, subject to
Plaintiff's periods of partial physical custody, pursuant to an agreed upon Final Protection From
Abuse Order dated June 18, 2009 filed to April Lynn Barrett v. Jeremiah Andrew Barrett,
Cumberland County No. 2009-3042. A true and correct copy of the agreed upon Final
Protection From Abuse Order is attached hereto marked as Exhibit "A" and made a part hereof.
27. During the past five (5) years, the children have resided with the following
persons and at the following addresses:
Wyatt Allen Barrett
December 5, 2004 (Birth) - December 6, 2005:
Jeremiah A. Barrett (Plaintiff/Father)
April L. Barrett (Defendant/Mother)
Patty Finkenbinder (Paternal Grandmother)
Carl Finkenbinder (Paternal Grandmother's Husband)
Address: 22 Locust Lane, P.O. Box 254, Plainfield, Cumberland County,
Pennsylvania 17081
December 7, 2005 - May 1, 2009:
Jeremiah A. Barrett (Plaintiff/Father)
April L. Barrett (Defendant/Mother)
Patty Finkenbinder (Paternal Grandmother)
Carl Finkenbinder (Paternal Grandmother's Husband)
Wade Andrew Barrett (Brother)
Address: 22 Locust Lane, P.O. Box 254, Plainfield, Cumberland County,
Pennsylvania 17081
May 2, 2009 - Present:
April L. Barrett (Defendant/Mother)
Mary Stonebraker (Maternal Grandmother)
Wade Andrew Barrett (Brother)
Address: 1 Chestnut Street, Newville, Cumberland County, Pennsylvania
17241
Wade Andrew Barrett
December 7, 2005 (Birth) - May 1, 2009:
Jeremiah A. Barrett (Plaintiff/Father)
April L. Barrett (Defendant/Mother)
Patty Finkenbinder (Paternal Grandmother)
Carl Finkenbinder (Paternal Grandmother's Husband)
Wyatt Allen Barrett (Brother)
Address: 22 Locust Lane, P.O. Box 254, Plainfield, Cumberland County,
Pennsylvania 17081
May 2, 2009 - Present:
April L. Barrett (Defendant/Mother)
Mary Stonebraker (Maternal Grandmother)
Wyatt Allen Barrett (Brother)
Address: 1 Chestnut Street, Newville, Cumberland County, Pennsylvania
17241
6
28. The mother of the children is the Defendant, whose last known address is 1
Chestnut Street, Newville, Cumberland County, Pennsylvania 17241.
29. The Defendant is currently married to the Plaintiff, Jeremiah A. Barrett.
30. The father of the children is the Plaintiff, Jeremiah A. Barrett, who currently
resides at 22 Locust Lane, P.O. Box 254, Plainfield, Cumberland County, Pennsylvania 17081.
31. The Plaintiff is currently married to the Defendant, April L. Barrett.
32. The relationship of the Plaintiff to the children is that of natural father.
33. The Plaintiff currently resides with the following persons:
Patty Finkenbinder (Plaintiff's Mother)
Carl Finkenbinder (Plaintiff's Mother's Husband)
34. The relationship of the Defendant to the children is that of natural mother.
35. The Defendant's last known address is 1 Chestnut Street, Newville, Cumberland
County, Pennsylvania 17241.
36. Plaintiff has participated as a party in other litigation concerning the custody of
the children in this Court. The court, term and number, and its relationship to this action is:
Court of Common Pleas. Cumberland County Pennsylvania
April Lynn Barrett v. Jeremiah Andrew Barrett, No. 2009-3042
Relationship to this Action: Temporary Custody of Wyatt Allen Barrett and
Wade Andrew Barrett awarded as follows: Primary physical custody
awarded to April Lynn Barrett, the Defendant herein, and partial physical
custody awarded to Jeremiah Andrew Barrett, the Plaintiff herein. See
Exhibit "A".
7
37. Plaintiff has no information of a custody proceeding concerning the children
pending in a court of this Commonwealth or any other state.
38. Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the children or claims to have custody or visitation rights with respect to the
children.
39. The best interest and permanent welfare of the children will be served by granting
the relief requested.
40. Each parent whose parental rights to the children have not been terminated and
the person who has physical custody of the children have been named as parties to this action.
WHEREFORE, the Plaintiff, Jeremiah A. Barrett, respectfully requests this Honorable
Court grant him joint legal custody and partial physical custody, with liberal visitation, of the
aforementioned children.
Attorney for Plaintiff 1
PA Supreme Court ID # 205763
Allied Attorneys of Central Pennsylvania, L.L.C.
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
8
Respectfully submitted,
VERIFICATION
I, JEREMIAH A. BARRETT, verify that the statements made in this Complaint are true
and correct. I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. § 4904 relating to unsworn falsification to authorities.
DATE: 7-I,3-O
EREMIAH A. BARRETT, Plaintiff
EXHIBIT "A"
FINAL PROTECTION IN THE COURT OF COMMON PLEAS OF
FROM ABUSE ORDER CUMBERLAND COUNTY, PENNSYLVANIA
Extended Order E] Amended Order NO. 2009-3042
1. PLAINTIFF
I April Lynn Barrett 11/19/1980
First Middle Last Suffix Plaintiff DOB
Name(s) of All protected persons, including minor child/ren and DOB.
April Lynn Barrett 11/19/1980
V.
DEFENDANT
Jeremiah Andrew Barrett
First Middle Last
Suffix
Defendant's Address:
22 Locus Lane
Plainfield PA 17081
CAUTION:
O Weapon Involved
?X Weapon Present on the Property
?X Weapon Ordered Relinquished
DEFENDANT IDENTIFIERS
DOB 11/17/1981 HEIGHT 5 ft. 9
in.
SEX Male WEIGHT 180
RACE White EYES Brown
HAIR Brown
SSN
DRIVERS
LICENSE #
EXP DATE STATE PA
The Court Hereby Finds: That it has jurisdiction over the parties and subject matter, and the Defendant will be provided with reasonable
notice and opportunity to be heard.
The Court Hereby Orders:
FX Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found.
Except as provided in paragraph 2 of this order, Defendant shall not contact Plaintiff, or any other person protected under this
order, by telephone or by any other means, including through third persons.
?X Additional findings of this order are set forth below.
Order Effective Date il(J f'?? Order Expiration Date ??0?
0 11 ?-\
NOTICE TO THE DEFENDANT
VIOLATION OF T141S ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE- OF
LIP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S.A. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND
CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. A VIOLATION OF THIS ORDER MAY RESULT IN THE REVOCATION OF THE
SAFEKEEPING PERMIT, WHICH WILL REQUIRE THE IMMEDIATE RELINQUISHMENT OF YOUR FIREARMS, OTHER WEAPONS AND AMMUNITION TO THE
SHERIFF. PLAINTIFF'S CONSENT TO CONTACT BY DEFENDANT SHALL NOT INVALIDATE THIS ORDER WHICH CAN ONLY BE MODIFIED BY FURTHER
ORDER OF COURT. 23 Pa.C.S.A. § 6108(g).
THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH
OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY
VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261-2262. IF YOU POSSESS A
FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA
ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. §922(8)(8).
Plaintiff or Protected Person(s) is/are:
[X] spouse or former spouse of Defendant
[X] parent of a child with Defendant
[X] current or former sexual or intimate partner with Defendant
[ ] child of Plaintiff
[ ] child of Defendant
[ ] family member related by blood (consanguinity) to Defendant
[ ] family member related by marriage or affinity to Defendant
[ ] sibling (person who shares parenthood) of Defendant
Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided notice of the time, date and
location of the hearing scheduled in this matter.
Appearances by Parties and/or Counsel:
Plaintiff appeared personally and is represented by: Jessica C. D. Holst, Esquire
Defendant appeared personally and is represented by: Andrew J. Bender,
Esquire
AND NOW, this the court having jurisdiction over the parties and the subject-matter, it
is ORDERED, AD E and DECREED as follows:
This order is entered by agreement without an admission. Without regard as to how the order was
entered, this is a final order of court subject to full enforcement pursuant to the Protection From
Abuse Act.
Plaintiff's request for a final protection order is granted.
1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would
reasonably be expected to cause bodily injury to Plaintiff or any other protected person in any place
where they might be found.
2.
Temporary custody of the minor children:
1. Wyatt Allen Barrett
2. Wade Andrew Barrett
shall be as follows:
Plaintiff shall have primary physical custody of the children subject to
Defendant's periods of partial physical custody. Defendant shall have partial
physical custody of the children from Friday evenings until Sunday evenings on
alternating weekend and each Wednesday from 4:00pm - 8:00pm. Custody
exchanges shall take place at Saylor's Market in Newville. The parties shall
provide each other with a telephone number for use in communicating solely
regarding the children.
-Defendant's alternating weekends of partial custody shall begin on Friday,
June 26th. Exchanges will take place at 5:00 p.m. on Friday evenings and again
at 6:00 p.m. on Sunday evenings.
-The parties will work together to determine a custody schedule for holidays
including: New Year's Eve, New Years Day, Easter, Memorial Day, July 4th,
Labor Day, Thanksgiving, Christmas Eve, Christmas and the boys' birthdays.
If the parties cannot reach an agreement, the holiday will be divided with
Plaintiff having the children from 8:00 a.m. until 2:00 p.m. and Defendant
having the children from 2:00 p.m. until 8:00 p.m. for those respective
holidays. Non-threatening, non-harassing communication between the parties
to discuss the custody schedule for holidays will not be deemed a violation of
this order.
-Plaintiff will always have the children for Mother's Day and Defendant will
always have the children for Father's Day. The Father's Day and Mother's Day
holidays will be deemed to run from 8:00 a.m. until 6:00 p.m. on the respective
day unless otherwise agreed by the parties.
3. FIREARMS, OTHER WEAPONS AND AMMUNITION RESTRICTIONS
Defendant is prohibited from possessing, transferring or acquiring any firearms for the duration of this
order.
Defendant is directed to relinquish the the sheriff any firearm, other weapon or ammunition listed in
Attachment A to Final Order, which is incorporated herein by reference.
Defendant may relinquish any firearms, other weapons or ammunition to the sheriff. As an alternative,
Defendant may either relinquish firearms, other weapons and ammunition to a third party provided
Defendant and the third party first comply with all the requirements to obtain a safekeeping permit, or
relinquish firearms, other weapons and ammunition to a licensed firearms dealer for consignment sale,
lawful transfer or safekeeping pursuant to 23 Pa.C.S.A. § 6108.2(e). Defendant must relinquish any
firearm, other weapon, ammunition or firearm license ordered to be relinquished no later than 24 hours
after service of this order. Failure to timely relinquish any firearm, other weapon, ammunition or any
firearm license ordered to be relinquished shall result in a violation of this order and may result in
criminal conviction under the Uniform Firearms Act, 18 Pa.C.S.A. § 6105.
4. Any firearm delivered to the sheriff or transferred to a licensed firearm dealer, or a qualified third party
who satisfies the procedural and substantive requirements to obtain a safekeeping permit issued under
23 Pa. C.S.A. § 6108.3 pursuant to this order or the temporary order shall not be returned to Defendant
until further order of court or as otherwise provided by law.
5.
The following additional relief is granted as authorized by §6108 of the Act:
Defendant is prohibited from stalking, as defined in 18 Pa.C.S.A. § 2709.1, or harassing, as defined in
18 Pa.C.S.A. § 2709, the following family and household members of Plaintiff:
Name Relationship Address
Mary Stonebraker mother
- Defendant shall not damage, destroy, or dispose of in any manner, any property owned jointly
by the parties, or solely by the Plaintiff.
- Defendant agrees that he will begin paying child support to Plaintiff in the amount of
$500/month. Plaintiff has indicated her preference to address the issue of her ongoing medical
coverage on her own. Plaintiff further understands that her remedy, should Defendant stop
paying support directly to her, is to file for child support through the Cumberland County
Domestic Relations Office.
- Defendant will sign over the title to the 1999 Hyundai to Plaintiff. Plaintiff will be responsible
for insuring the vehicle. Defendant understands that Plaintiff may elect to trade in the Hyundai
for another vehicle that is suitable to the use of car seats for the children. Plaintiff understands
that in the divorce action, Defendant intends to request credit for the Hyundai in the equitable
distribution determination. That issue will be addressed further by counsel for the parties within
the divorce action.
- Defendant agrees that he will initiate a divorce action through his counsel.
6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and
any other agency specified hereafter:
Carlisle Barracks PSP
Newville Police Department
7. All provisions of this order shall expire ?;
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A
FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23
PA.C.S.A. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION
AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. A
VIOLATION OF THIS ORDER MAY RESULT IN THE REVOCATION OF THE
SAFEKEEPING PERMIT, WHICH WILL REQUIRE THE IMMEDIATE
RELINQUISHMENT OF YOUR FIREARMS, OTHER WEAPONS AND
AMMUNITION TO THE SHERIFF. PLAINTIFF'S CONSENT TO CONTACT BY
DEFENDANT SHALL NOT INVALIDATE THIS ORDER WHICH CAN ONLY BE
MODIFIED BY FURTHER ORDER OF COURT. 23 Pa.C.S.A. § 6108(g).
THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT
OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE
COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST
WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND
INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO
FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261-
2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS
ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE
EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT
YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. §922(g)(8).
NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS
The police and sheriff who have jurisdiction over Plaintiffs residence OR any location
where a violation of this order occurs OR where Defendant may be located, shall
enforce this order. The court shall have jurisdiction over any indirect criminal contempt
proceeding, either in the county where the violation occurred or where this protective
order was entered. An arrest for violation of paragraphs 1 through 4 of this order may be
without warrant, based solely on probable cause, whether or not the violation is
committed in the presence of the police or any sheriff. 23 Pa.C.S.A. §6113.
Subsequent to an arrest, and without the necessity of a warrant, the police officer or
sheriff shall seize all firearms, other weapons and ammunition in Defendant's possession
that were used or threatened to be used during the violation of the protection order or
during prior incidents of abuse and any other firearms in Defendant's possession.
The Sheriff of Cumberland County shall maintain possession of the firearms, other
weapons or ammunition until further order of this court.
When Defendant is placed under arrest for violation of this order, Defendant shall be
taken to the appropriate authority or authorities before whom Defendant is to be
arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and
signed by the police officer, sheriff OR Plaintiff. Plaintiffs presence and signature are
not required to file the complaint.
If sufficient grounds for violation of this order are alleged, Defendant shall be arraigned,
bond set, if appropriate and both parties given notice of the date of the hearing.
BY THE COURT:
Entered pursuant to the/consent of laintiff and defendant:
? n fJ
Plaintiffs Signature
Distribution to:
Legal Services
Transmitted & Mailed to PSP
Kevin A. Hess
Date
Defendant's Signature
3 Testimony whereof, ! here unto set my haw,
aid th of said C?qt at Carlisle,
l
day' of?'°?' 9 .?.
17
Pxathonows
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
JEREMIAH A. BARRETT, CIVIL ACTION - LAW
Plaintiff
: NO.
V.
APRIL L. BARRETT,
Defendant IN DIVORCE
CERTIFICATE OF SERVICE
The undersigned does hereby certify that a true and correct copy of the foregoing Divorce
Complaint was served on the following, in accordance with Pa.R.C.P. 1930.4(c), by forwarding
same via certified mail, restricted delivery, return receipt requested, and first-class mail postage
prepaid to the Defendant's last known address as indicated below:
April L. Barrett
1 Chestnut Street
Newville, PA 17241
DATE: 0? I -
Andrew J. Bend6r,T-squire
Attorney for Plaintiff
PA Supreme Court ID # 205763
Allied Attorneys of Central Pennsylvania, L.L.C
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
FIE-! _
3 ..
B yG -? sa
C,-. / 6 ? Z
Jeremiah A. Barrett IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION
IN DIVORCE
April L. Barrett,
Defendant NO. 09-4683
PRAECIPE TO ENTER APPEARANCE
To the Prothonotary:
Please enter the appearance of the Family Law Clinic on behalf of April L. Barrett, the
Defendant, in the above captioned matter.
A t,, Z 7, 2009
Rachel Allen
Certified Legal Intern
Megan 'esmeyer, Es,q.
Supervising Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
Jeremiah A. Barrett, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION-LAW
DIVORCE
April L. Barrett,
Defendant NO. 09 - 4683 CIVIL TERM
CERTIFICATE OF SERVICE
I, Rachel Allen, Certified Legal Intern, Family Law Clinic, hereby certify that I served a
true and correct copy of the Praecipe to Enter Appearance on Plaintiff's attorney, Andrew J.
Bender, by depositing a copy of the same in the United States first class mail, postage prepaid
addressed to Andrew J. Bender, Allied Attorneys of Central Pennsylvania„ L.L.C., 61 West
Louther Street, Carlisle, PA 17013 on July 28, 2009.
C?
Rachel Allen
Certified Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
FILEU,
OF 71-P
2009 J UL 28 P, i
JEREMIAH A. BARRETT, JN THE COURT OF COMMON PLEAS OF r?
Plaintiff :CUMBERLAND COUNTY, PENNSYLVAT A
- rn?
v.
: CIVIL ACTION - LAW r Co
;nr`0` r? -
r
IN DIVORCE co N C.3?
APRIL L. BARRETT, ?-- -°-n
Defendant :NO. 09-4683
MARITAL SETTLEMENT AGREEMENT L
THIS AGREEMENT is made this,,: i day of 12,-, , 2011, by and between
Plaintiff, Jeremiah A. Barrett ("Husband"), and Defendant, April L. Barrett ("Wife").
WHEREAS, Husband and Wife desire to enter into an agreement as to all economic
issues between the parties, except as to child support, which is separate and apart from this
Agreement, and except as set forth herein, and to have this Agreement made an Order of Court;
NOW, THEREFORE, Wife and Husband, each intending to be legally bound
hereby agree as follows:
SEPARATION
1. The parties have lived separate and apart since May 1, 2009.
SETTLEMENT PAYMENT
2. The marital property accumulated during the parties' marriage and its value as of
the date of separation is as follows:
Orrstown Bank and Checking Account (H) $6,033.36
Orrstown Bank Money Market Account (H) $4,503.10
Member 1 st Savings Account (H) $5.00
Retirement Plan through employer valued (H) $5,086.70
1999 Hyundai Accent (W) $1,325.00
2003 Chevy Trailblazer (H) ($644.82)
Total Marital Property Value $16,308.34
The parties shall divide the total marital property equally resulting in $8,154.17.Wife will
provide Husband a $500 credit towards his share of the marital property for signing over
the title to the 1999 Hyundai to be subtracted from $8,154.17. Wife will allow Husband
to keep her basset hound, Lasey, provided that he takes the necessary steps to transfer
registration of the dog into his name alone. Husband will make a cash payment to Wife of
$7, 654.17 within three (3) months of signing this Agreement. In the event that Husband
fails to make the cash payment within three (3) months, the entire amount shall become
due and owing within fifteen (15) days of the deadline, and Wife shall be entitled to bring
an action for contempt and/or to enforce against Husband for the entire amount, as well
as interest and/or attorneys' fees, as provided in paragraph 12.
3. Each parry shall execute any necessary documents to finalize their Divorce within
Thirty (30) days of Wife's receipt of the $7, 654.17 payment referenced in paragraph 2.
WARRANTY OF FULL DISCLOSURE OF EXISTENCE OF ASSETS
4. Each party warrants to the other that he or she does not have any knowledge of
any community assets other than those disclosed and listed in this agreement.
MUTUAL RELEASE
5. Subject to the provisions of this Agreement, each party has released and
discharged, and by this Agreement does for himself or herself, and his or her heirs, legal
representatives, executors, administrators, and assigns, release and discharge the other of
and from all causes of action, claims, rights or demands, whatsoever in law or equity,
which either of the parties ever had or now has against the other, except any or all cause
or causes of action for child support, divorce, or any action to enforce this Agreement.
PERSONAL PROPERTY
6. The parties have agreed to a division of their personal property, and it is
understood and agreed that each party shall retain as his or her sole and separate property,
free and clear of any claim of the other, all of those items of personalty which each now
has in his or her respective possession or control.
7. All assets acquired by either party after the date of separation of the parties shall
be the separate property of the party acquiring them, and each party disclaims and waives
any and all rights and interest in each asset acquired by the other after that date.
DEBTS
8. Husband represents and warrants to Wife that he will not contract or incur any
debt or liability for which Wife or her estate might be responsible and shall indemnify
and hold Wife harmless from any and all claims or demands made against her by reason
of debts or obligations incurred by him, except as set forth in this Agreement.
9. Wife represents and warrants to Husband that she will not contract or incur any
debts or liabilities for which Husband or his estate might be responsible and shall
indemnify and hold Husband harmless from any and all claims or demands made against
him by reason of debts or obligations incurred by her, except as relating to child support,
medical treatment of their sons, Wade Barrett and Wyatt Barrett, or as otherwise set forth
in this Agreement.
WAIVER OF CLAIMS AGAINST ESTATES
10. Except as herein otherwise provided, each party may dispose of his or her
property in any way, and each party hereby waives and relinquishes any and all rights he
or she may have or hereafter acquire under the present or future laws of any jurisdiction,
to share in the property or the estate of the other as a result of the marital relationship,
including without limitation, dower, curtesy, statutory allowance, widow's allowance,
right to take by intestacy, right to take against the will of the other, and right to act as
administrator or executor of the other's estate, and each will, at the request of the other,
execute, acknowledge, and deliver any and all instruments which may be necessary or
advisable to carry into effect this mutual waiver and relinquishment of all such interests,
rights and claims. This paragraph shall not affect either party's right or power to
expressly include the other party in any will or other document, whether written in the
past or in the future.
REMEDIES
11. If either party breaches any portion of this Agreement, the other party shall have
the right, at his or her election, to sue for damages for such breach, and seek any other
remedy allowed under Pennsylvania law.
12. Any party breaching this agreement shall be responsible for the payment of all
legal fees and costs incurred by the other in enforcing his or her rights under this
Agreement, or seeking such other remedy or relief that may be available to him or her.
13. Waiver by either party of such breach of any provision of this Agreement shall
not be deemed as a waiver of future breaches of that provision or any other provision of
this Agreement.
FULL AND FINAL SETTLEMENT OF ALL CLAIMS
14. Wife and Husband agree that the execution of this Agreement is a full and final
settlement of all economic and other claims between them, including, without limitation,
the ownership and equitable distribution of martial property, the past, present and future
spousal support, alimony, alimony pendent lite and/or maintenance of either of them, and
in general, any and all claims and all other possible claims by one against the other or
against their respective estates.
BINDING ON PARTIES AND OTHERS
15. This Agreement shall be binding on the parties and their respective heirs,
executors, administrators, and assigns.
INCORPORATION
16. The parties intend this Agreement to be incorporated, but not merged, into the
divorce decree. This Agreement shall continue in full force and effect after such time as
a final decree in divorce may be entered with respect to the parties.
17. The parties intend to be legally bound by the terms of this Agreement, and intend
that it be filed with the Court as satisfaction of the Equitable Distribution Claim.
However, the parties agree that failure to file this Agreement with the Court shall have no
effect on the parties' obligations or ability to utilize any remedy for enforcement.
MODIFICATION TO BE IN WRITING
18. No modification or waiver of any of the terms hereof shall be valid unless in
writing and signed by both parties.
LAW OF PENNSYLVANIA APPLICABLE
19. This Agreement shall be construed in accordance with the laws of the
Commonwealth of Pennsylvania.
INTEGRATION
20. 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.
NO WAIVER OF DEFAULT
21. This Agreement shall remain in full force and effect unless terminated under the
terms of this Agreement. The failure of either party to insist upon strict performance of
any of the provisions of this Agreement shall in no way affect the right of such party
thereafter to enforce the same, nor shall the waiver of any breach of any provision hereof
be construed as a waiver of any subsequent default of the same or similar nature, nor
shall it be construed as a waiver of strict performance of any other obligations herein.
WARRANTY AS TO EXISTING AND FUTURE OBLIGATIONS
22. Wife and Husband each warrant that neither has heretofore contracted for any
liability for which the other or the estate of the other may be responsible except as
specifically disclosed and provided for by the terms of this Agreement. The parties
further warrant that each will now and at all times hereafter save harmless and indemnify
the other and the estate of the other from all liabilities incurred after the execution date
hereof, except as may be otherwise specifically provided herein, as well as from all
liabilities of every kind which have been incurred heretofore by either party, including
those for necessities, except for obligations indentified in or arising out of this
Agreement. Except as may be otherwise expressly provided herein, the parties agree that
all joint credit and/or charge accounts shall be terminated immediately, and no charges
shall be incurred by either party against any joint account from the date of execution
hereof.
ADVICE OF COUNSEL
23. The provisions of this Agreement and their legal effect have been fully explained
to the parties by their respective counsel, The Family Law Clinic, for Wife, and Andrew
Bender, Esquire for Husband. Each party confirms that he or she fully understands the
terms, conditions, and provisions of this Agreement and believes them to be fair,
adequate and reasonable under the existing facts and circumstances. The parties further
confirm that each is entering into this Agreement freely and voluntarily and that
execution of this Agreement is not the result of any duress, undue influence, collusion, or
improper illegal agreements.
24. Each of the parties has carefully read and fully considered this Agreement and all
of the statements, terms, conditions, and provisions thereof prior to signing below.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first written above.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
eremiah A. Barrett
SS.
Personally appeared before me, a Notary Public in and for the aforesaid
Commonwealth and County, Jeremiah A. Barrett, 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. 1
Witness my hand and seal this /I) day of 1'z ,2011.
S17,THANlE E CHERTOK, Notary Public
Comb.jle Eoro, Cumberland County
Wel COrnmission Expires March 24, 2015
Notary Public
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
My Commi io x ires:
April L. B tt
SS.
Personally appeared before me, a Notary Public in and for the aforesaid
Commonwealth and County, April L. Barrett, 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.
Witness my hand and seal this _-De9 "day of 2011.
Notary Public
y oum it WNW
NOTARY PUBIC
STATE OF PENNSYLVANIA
WC0WMUW EXPIRES 1Yf21J2014
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:IN THE COURT OF COMMON PLEAS OIL'
JEREMIAH A. BARRETT r?
,
Plaintiff :CUMBERLAND COUNTY, PENNSYL`?A-
:Z;o ? -OF
V. : CIVIL ACTION - LAW U)
IN DIVORCE a-n
APRIL L. BARRETT, rs
=C) =F5
Defendant NO. 09-4683 '
ORDER
AND NOW, this,026 trtl day of 2011, the foregoing Agreement
is approved and entered as an Order of Court.
The Marital Settlement Agreement and this Order shall be incorporated into, but
not merged with, the divorce decree which will be entered in the above captioned matter.
mod:
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ANDREW J. BENDER, ESQUIRE
PA Supreme Court ID #205763
Allied Attorneys of Central Pennsylvania, L.L.C.
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
JEREMIAH A. BARRETT,
Plaintiff
V.
APRIL L. BARRETT,
Defendant
FILED-Or r
r ? THE P R 0 2QI I JUL 21 PH 3*
CUM
PENN5YL"'J"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-4683
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF SERVICE
The undersigned does hereby certify that on July 14, 2009, a true and correct copy of a
complaint under §§ 3301(c) and 3301(d) of the Divorce Code was served upon the defendant,
April L. Barrett, by forwarding same via U.S. Postal Service Certified Mail, Restricted Delivery,
return receipt requested and first class mail. A return receipt was received from the U.S. Postal
Service indicating that the defendant accepted the certified mailing on July 15, 2009. A true and
correct copy of the U.S. Postal Service return receipt is attached hereto marked as Exhibit "A"
and made a part hereof.
DATE: dl z7
ANDREW J. BENDER, ESQUIRE
PA Supreme Court ID# 205763
Allied Attorneys of Central Pennsylvania, L.L.C.
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
Attorney for Plaintiff
EXHIBIT "A"
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(Transrer Armor, service label) 7008 1830 0003 5939 5179
PS 7 rm 3811, February 2004 Domestic Return Receipt 1102eAM-MM
JEREMIAH A. BARRETT,
Plaintiff
V.
APRIL L. BARRETT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-4683
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
The undersigned does hereby certify that, on the date indicated, a true and correct copy of
the foregoing Affidavit of Service was served upon the following person(s) by forwarding same
via U.S. Postal Service, first class mail, at the following address(es):
Victoria Yaroslavskaya
Dickinson Family Law Clinic
45 North Pitt Street
Carlisle, PA 17013
Counsel for Defendant
DATE: 07 2? 11
ANDREW J. B NDER, ESQUIRE
PA Supreme Court ID #205763
Allied Attorneys of Central Pennsylvania, L.L.C.
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,c
PENNSYLVANIA MIM
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i c_ ter,
JEREMIAH A. BARRETT, CIVIL ACTION - LAW °
Plaintiff
NO. 09-4683
M
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APRIL L. BARRETT, -
Defendant IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER SECTION 3301(c) AND SECTION 3301(d) 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 unsworn
falsification to authorities.
DATE:
AP IL . BARRETT, Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA :w3
-?
JEREMIAH A. BARRETT, CIVIL ACTION - LAW arm C=
Plaintiff
r r*a
NO. 09-4683 10> -N.r °
v. <ci -,?
APRIL L. BARRETT
,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
July 14, 2009.
2. The marriage of the 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.
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 falsifications to authorities.
DATE: r /
AP L L. TT, Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Q F
JEREMIAH A. BARRETT, CIVIL ACTION - LAW -„
Plaintiff r- ter"
NO. 09-4683
V. -X
APRIL L. BARRETT,
Defendant IN DIVORCE c-n
.'.=;
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER SECTION 3301(c) AND SECTION 3301(d) 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.
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. § 4f64 relating to unsworn
falsification to authorities.
DATE: 71-7111
EREMIAH A. BARRETT, Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
JEREMIAH A. BARRETT,
Plaintiff
V.
APRIL L. BARRETT,
Defendant
CIVIL ACTION - LAW
zrn c ' i
NO. 09-4683 A :::o
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IN DIVORCE w s
cn 5
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
July 14, 2009.
2. The marriage of the 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.
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 falsifications to authorities.
DATE: ? 9
EREMIAH A. BARRETT, Plaintiff
FILE 0--OF FICL_ :
ANDREW J. BENDER, ESQUIRE 'F T NE RR0TI1 0 1101 `tV",
5"
PA Supreme Court ID #205763 11111 JUL 27 FM 3: a
Allied Attorneys of Central Pennsylvania, L.L..
61 West Louther Street CUMBERLAI.40 "GUN ? "'??
Carlisle, PA 17013 PENNSYLVANL%
(717) 249-1177
(717) 249-4514 Fax
JEREMIAH A. BARRETT,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-4683
V.
APRIL L. BARRETT,
Defendant
CIVIL ACTION - LAW
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 divorce decree:
1. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce
Code.
2. Date and manner of service of the complaint: July 15, 2009 via acceptance of
U.S. Postal Service Certified Mail, Restricted Delivery.
3. Complete either (a) or (b).
(a) Date of execution of the affidavit of consent required by § 3301(c) of the
Divorce Code: by plaintiff 07/09/11 by defendant 07/25/11
(b)(1) Date of Plaintiff's execution of the affidavit required by § 3301(d) of the
Divorce Code: ; Date of Defendant's execution of the
affidavit required by § 3301(d) of the Divorce Code: ; (2)
Date of filing and service of the plaintiff's affidavit upon the respondent:
4. Related claims pending: None.
Complete either (a) or (b).
(a) Date and manner of service of the notice of intention to file praecipe a
copy of which is attached:
(b) Date plaintiff's Waiver of Notice was filed with the prothonotary:
07/27/11 ; Date defendant's Waiver of Notice was
filed with the prothonotary: 07/27/11
DATE: d? I?l II
,A0. 1;
ANDREW J. BEN ER, ESQUIRE
PA Supreme Court ID #205763
Allied Attorneys of Central Pennsylvania, L.L.C.
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
Attorney for Plaintiff
2
JEREMIAH A. BARRETT,
Plaintiff
V.
APRIL L. BARRETT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-4683
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
The undersigned does hereby certify that, on the date indicated, a true and correct copy of
the foregoing Praecipe to Transmit Record was served upon the following person(s) by
forwarding same via U.S. Postal Service, first class mail, at the following address(es):
Victoria Yaroslavskaya
Dickinson Family Law Clinic
45 North Pitt Street
Carlisle, PA 17013
Counsel for Defendant
DATE: h ?.4Q' P
ANDREW J. BEN ER, ESQUIRE
PA Supreme Court ID #205763
Allied Attorneys of Central Pennsylvania, L.L.C.
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JEREMIAH A. BARRETT
V.
APRIL L. BARRETT
NO. 09-4683
DIVORCE DECREE
AND NOW1 ?U ?U s a o2c?l? , it is ordered and decreed that
JEREMIAH A. BARRETT , plaintiff, and
APRIL L. BARRETT . , defendant, are divorced from the
bonds of matrimony.
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
None.
By the Court,
Attest: J.
ib P. -9&&--e Z/,, Pr t ono ary`
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At,
IA&I e
7j,?/ ?y 4w
JEREMIAH A. BARRETT,
Plaintiff
V.
APRIL L. BARRETT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
C -j
NO. 09-4683
MCC
=M
r
CIVIL ACTION - LAW"
IN CUSTODY
?r
STIPULATION AND AGREEMENT
THIS STIPULATION AND AGREEMENT entered into this _( + -
THIS of
1411 20? Q , by and between the plaintiff, JEREMIAH A. BARRETT,
h.?
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hereinafter referred to as "Father", and the defendant, APRIL L. BARRETT, hereinafter referred
to as "Mother",
WHEREAS, Father and Mother are the natural parents of two (2) minor children: Wyatt
Allen Barrett, date of birth December 5, 2004 and Wade Andrew Barrett, date of birth December
7, 2005, hereinafter referred to as the "Children"; and
WHEREAS, on July 14, 2009, Father filed a Complaint in Divorce to the above-
captioned action, wherein under Count IV he asserted a claim for Custody; and
WHEREAS, no Orders of Court have yet been entered in the custody action concerning
custody of the Children; and
WHEREAS, the parties have negotiated an agreement concerning custody of the
Children and wish to set forth their respective rights and duties concerning custody of the
Children;
NOW THEREFORE, in consideration of the mutual covenants, promises and
agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as
follows:
1. Father and Mother shall share joint legal custody of the Children. Father and Mother
shall each have an equal right to make all non-emergency decisions which affect the
Children's general welfare, including, but not necessarily limited to, decisions
regarding health, education and religion. Father and Mother shall each be entitled to
all records and information pertaining to the Children, including, but not necessarily
limited to, medical records, dental records, religious records, school records and the
residence address of the Children and other parent. If either Father or Mother is in
possession of any such records or information, he or she shall be required to share
copies thereof with the other within such a time as to make the records and
information of reasonable use to the other;
2. Mother shall have physical custody of the children from Monday mornings through
Fridays at 6:00 p.m.;
3. Father shall have physical custody of the Children from Fridays at 6:00 p.m. through
Monday mornings;
2
4. Transportation of the Children between the parties shall be arranged as follows: On
Fridays at 6:00 p.m. Mother shall transfer custody of the Children to the Father at the Oak
Flat Elementary School in Newville, Cumberland County, Pennsylvania. It is specifically
understood by Mother that Father's work schedule at the time of the drafting of this
Stipulation and Agreement requires him to be at work at 6:00 p.m. on Fridays. As such,
Mother understands and agrees that Father may receive custody of the Children at this
time through a suitable representative. On Monday mornings, Father shall transfer
custody of the Children to Mother during the school year by transporting the Children to
school. During the summer vacation period, Father shall transfer custody of the Children
to Mother on Monday mornings by transporting the Children to the Oak Flat Elementary
School at a time to be agreed upon by the parties;
5. Pursuant to Child Passenger Protection Act 226, the Children shall not be transported by
any person who does not have a properly installed booster seat. In the event that a person
who is transporting the children does not meet this requirement the child or children shall
not be transported at that time;
6. Father and Mother shall cooperate and agree upon which extracurricular activities,
including, but not limited to, athletics, summer camps, music lessons, art lessons, and
similar activities, the Children shall participate in, and the parties shall share equally the
cost of any extracurricular activities. Neither parry shall unreasonably withhold consent
for the Children to participate in extracurricular activities;
7. The parties shall cooperate to determine which of them shall have custody of the Children
for all major holidays. In the event the parties are unable to agree upon a suitable custody
schedule for any such holiday, the holiday schedule attached to this Agreement as Exhibit
3
"A" shall control. The parties specifically understand and agree that the holiday schedule
attached hereto shall apply regardless of which parry would have ordinarily had custody
of the Children for their regular periods of custody pursuant to Paragraphs 2 and 3 above;
8. Mother and Father shall each be entitled to two (2) non-consecutive weeks of vacation
per year, which is exercisable upon thirty (30) days prior notice to the other party. Said
vacation shall not interfere with the Children's school or routine family functions and
events unless agreed upon by both parties. During vacation periods, the vacationing
parry shall provide the other party with an address and phone number where the other can
be reached during the vacation and shall allow for reasonable telephone contact with the
other party during the vacation period; and
9. Nothing in this agreement shall be construed to disallow either party to obtain a
modification of custody pursuant to the laws of this Commonwealth, or to petition the
court to determine their respective rights and duties under this Stipulation and
Agreement.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms
hereof, set forth their hands and seals the day and year first written above:
JEREMIAH A. BARRETT, Plaintiff
AP L L. ARRETT, Defendant
ANDREW J /BENDER, ESQUIRE
PA Supreme Court ID#205763
Allied Attorneys of Central Pennsylvania, L.L.C.
Counsel for Plaintiff
i kinson Family Law Cl'
Counsel for Defendant
4
HOLIDAY SCHEDULE
BIRTHDAYS. Mother shall have custody of the Children for their birthdays in odd
numbered years. Father shall have custody of the Children for their birthdays in even
numbered years. The parent who does not have custody of the Child on his birthday shall
be entitled to have custody of the Child on the day following his birthday. Mother shall
have custody of the Children on her birthday and Father shall have custody of the
Children on his birthday. The birthday custodial periods shall be from 3:00 p.m. until
7:30 p.m.
2. NEW YEAR'S EVE/NEW YEAR'S DAY. Mother and Father shall alternate custody.
Mother shall have custody of the Children on New Year's Eve in even numbered years
and Father shall have custody in odd numbered years. The custodial period shall be from
6:00 p.m. on New Year's Eve until 8:00 a.m. on New Year's Day. The party who does
not have custody of the Children on New Year's Eve shall have custody of the Children
on New Year's Day from 8:00 a.m. until 7:30 p.m.
3. EASTER SUNDAY. Easter Sunday shall be divided into two (2) segments. Segment A
shall be from 8:00 a.m. until 12:00 noon. Segment B shall be from 12:00 noon to 7:30
p.m. In odd numbered years, Father shall have custody of the Children on Easter Sunday
for Segment A and Mother shall have custody for Segment B. In even numbered years,
Father shall have custody of the Children on Easter Sunday for Segment B and Mother
shall have custody for Segment A.
4. MEMORIAL DAY. Mother shall have custody of the Children on Memorial Day in
odd numbered years and Father shall have custody of the Children on Memorial Day in
even numbered years. The custodial period shall be from 8:00 a.m. until 7:30 p.m.
5. JULY 4th. Father shall have custody of the Children from 8:00 a.m. until 7:30 p.m.
6. LABOR DAY. Mother shall have custody of the Children on Labor Day in even
numbered years and Father shall have custody of the Children on Labor Day in odd
numbered years. The custodial period shall be from 8:00 a.m. until 7:30 p.m.
7. TRICK OR TREAT NIGHT. Mother shall have custody of the Children for trick or
treat night.
8. THANKSGIVING. Mother shall have custody of the Children Thanksgiving Day in
odd numbered years and Father shall have custody of the Children Thanksgiving Day in
even numbered years. The custodial period shall be from 8:00 a.m. until 7:30 p.m.
9. CHRISTMAS EVE. Mother shall have custody of the Children on Christmas Eve in
odd numbered years and Father shall have custody of the Children on Christmas Eve in
even numbered years. The custodial period shall be from 8:00 a.m. until 8:00 p.m. at
which time the Children shall be transferred to the other party.
7
10. CHRISTMAS DAY. Mother shall have custody of the Children for Christmas Day in
even numbered years and Father shall have custody of the Children for Christmas Day in
odd numbered years. The custodial period shall be from 8:00 p.m. on Christmas Eve
until 7:30 p.m. on Christmas Day.
11. MOTHER'S DAY. Mother shall have custody of the Children on Mother's Day from
8:00 a.m. until 7:30 p.m.
12. FATHER'S DAY. Father shall have custody of the Children on Father's Day.
8
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
On this, the 22--Q day of Deuw,5w , 20! 1 , before me the undersigned
officer personally appeared, JEREMIAH A. BARRETT, known to me or satisfactorily proven to
me to be the person whose name is subscribed to the within Stipulation and Agreement, and
acknowledged that he executed the same for the purposes therein contained.
RENIIAH A. BARRETT
ri
IN WITNESS WHEREOF, I hereunder set my hand and seal this day of
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
On this, the day of , 20La, before me the undersigned
officer personally appeared, APRIL L. BARRETT, known to me or satisfactorily proven to me
to be the person whose name is subscribed to the within Stipulation and Agreement, and
acknowledged that she executed the same for the purposes therein contained.
CAJJ? 6 / -1 A,
APRIL L. ARRETT
IN WITNESS WHEREOF, I hereunder set my hand and seal this , 'day of
t?V
o ary Publi
i Notarial Seal
Laurie L. Wolf, Notary Public
Carlisle Boro., Cumberland County
My Commission Expires June 23, 2014
6
v
JEREMIAH A. BARRETT,
Plaintiff
V.
APRIL L. BARRETT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-4683
CIVIL ACTION - LAW
IN CUSTODY
ORDER
AND NOW, this day of 'Jaen-t&, cc Zreby 201 upon consideration
of the attached Stipulation and Agreement of the parties, it ORDERED and DECREED
that the attached Stipulation and Agreement is made an Order of Court.
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BY THE COURT,
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PENMSYLVAgylr~,
JEREMIAH A. BARRETT, IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
NO. 2009-4683
APRIL L. BARRETT,
Defendant CIVIL ACTION -LAW
IN CUSTODY
STIPULATION AND AGREEMENT
THIS STIPULATION AND AGREEMENT entered into this ~~~` day of
~~t'4'~' ~ , 2012, by and between the plaintiff, JEREMIAH A. BARRETT,
hereinafter referred to as "Father", and the defendant, APRIL L. BARRETT, hereinafter referred
to as "Mother",
WHEREAS, Father and Mother are the natural parents of two (2) minor children: Wyatt
Allen Barrett, date of birth December 5, 2004 and Wade Andrew Barrett, date of birth December
7, 2005, hereinafter referred to as the "Children"; and
WHEREAS, on July 14, 2009, Father filed a Complaint in Divorce to the above-
captioned action, wherein under Count IV he asserted a claim for Custody; and
WHEREAS, on January 23, 2012, the parties filed a Stipulation and Agreement
concerning custody of the Children which was made an order of court by Order of the Honorable
Albert H. Masland on January 26, 2012; and
WHEREAS, Mother desires to relocate to Carroll County, Maryland; and
WHEREAS, the parties have determined that it is in the best interest of the Children to
modify the custody arrangement currently in place such that the Children can remain enrolled in
the Big Spring School District and continue their relationships with. extended family in
Cumberland County, Pennsylvania and the surrounding azeas; and
WHEREAS, the parties desire to set forth herein their respective rights and duties
concerning custody of the Children,
NOW THEREFORE, in consideration of the mutual covenants, promises and
agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as
follows:
1. Father and Mother shall share joint legal custody of the Children. Father and Mother
shall each have an equal right to make all non-emergency decisions which affect the
Children's general welfaze, including, but not necessarily limited to, decisions
regarding health, education and religion. Father and Mother shall each be entitled to
all records and information pertaining to the Children, including, but not necessarily
limited to, medical records, dental records, religious records, school records and the
residence address of the Children and other parent. If either Father or Mother is in
possession of any such records or information, he or she shall be required to share
copies thereof with the other within such a time as to make the records and
information of reasonable use to the other;
2. Father shall have primary physical custody of the Children subject to Mother's
periods of partial physical custody;
3. Mother periods of partial physical custody shall occur every other weekend from
Saturday at 10:00 a.m. until Sunday at 6:00 p.m., and at other times as agreed upon
by the parties. Mother's first weekend of partial physical custody under this schedule
shall occur on October 27, 2012 ;
4. In addition to Mother's periods of physical custody every weekend as outlined in
Paragraph 3 above, Mother shall be entitled to one (1) month of physical custody of
the Children in the summer months. Mother and Father shall cooperate to determine
the dates of Mother's month of summer custody with the understanding that Mother's
month of summer custody shall occur annually from approximately mid-3uly through
mid-August with the custodial period ending prior to the commencement of the
Children's school year;
5. Transportation of the Children for Mother's periods of custody shall be shared by the
parties with the parties meeting at a mutually convenient location approximately half
way between the parties' respective residences;
6. Father and Mother shall cooperate and agree upon which extracurricular activities,
including, but not necessarily limited to, athletics, summer camps, music lessons, art
lessons and similaz activities, the Children shall participate in, and the parties shall
shaze equally the cost of any extracurricular activities. Neither party shall
unreasonably withhold consent for the Children to participate in extracurricular
activities;
7. The parties shall cooperate to determine which of them shall have custody of the
Children for all major holidays. In the event the parties are unable to agree upon a
suitable custody schedule for any such holiday, the holiday schedule attached to this
Agreement as Exhibit "A" shall control. The parties specifically understand and
agree that the holiday schedule attached hereto shall apply regardless of which party
would have ordinarily have custody of the Children for their regular periods of
custody pursuant to Paragraphs 2, 3 and 4 above;
8. Father shall be entitled to two (2) non-consecutive weeks of vacation per year, which
will be exercisable upon thirty (30) days prior notice to Mother. Said vacation shall
not interfere with the Children's school or routine family functions and events unless
agreed upon by both parties. In addition, Father's vacation periods shall not interfere
with Mother's month of summer custody absent agreement of the parties. During
vacation periods, Father shall provide the Mother with an address and phone number
where he can be reached during the vacation and shall allow for reasonable telephone
contact with the Mother during the vacation period; and
9. Nothing in this agreement shall be construed to disallow either parry to obtain a
modification of custody pursuant to the laws of this Commonwealth, or to petition the
court to determine their respective rights and duties under this Stipulation and
Agreement.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the
terms hereof, set forth their hands and seals the day and year first written above:
_ ~,
,ice ~~ ~
~~> ~_
JEREMIAH A. BARRETT, Plaintiff AP L L. ARRETT, Defendant
ANDREW J. BE ER, ESQUIRE
PA Supreme Court ID #205763
Allied Attorneys of Central Pennsylvania, L.L.C
For Plaintiff
P" ~~~'I,~CL ~1
MARISA BURKETT
Dickinson Family Law Clinic
For Defendant
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
On this, the ~' day of ~ T , 2012, before me the undersigned
officer personally appeared, APRIL L. BARRETT, known to me or satisfactorily proven to me
to be the person whose name is subscribed to the within Stipulation and Agreement, and
acknowledged that she executed the same for the purposes therein contained.
AP LLB TT
IN WITNESS WHEREOF, I hereunder set my hand and seal this ~~~ i day of
~'~ ~ ~ ~~' f , 2012.
~- J
N tart' Publics ,
Notarial Seal
Laurie L. Wolf, Notary Public
Carlisle isoro., Cumberland County
iMy Commission Expires .tune 23~ 2014
COMMONWEALTH OF PENNSYLVANIA ,
SS
COUNTY OF CUMBERLAND .
On this, the ~~~ day of /~ovccu.se~ , 2012, before me the undersigned
officer personally appeared, JEREMIAH A. BARRETT, known to me or satisfactorily proven to
me to be the person whose name is subscribed to the within Stipulation and Agreement, and
acknowledged that he executed the same for the purposes therein contained.
..~~
~~ ,'r":-
/`"
JEREMIAH A. BARRETT
IN WITNESS WHEREOF, I hereunder set my hand and seal this ~ day of
~, C~v~e v~ ~ ~ 2012.
G~,9~~~.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seai
Adam Deluca, Notary Public
Carlisle i3oro, Cumberland County
My Commission Expires )an. 26, 2016
HOLIDAY SCHEDULE
1. BIRTHDAYS. Mother shall have custody of the Children for their birthdays in odd
numbered years. Father shall have custody of the Children for their birthdays in even
numbered years. The parent who does not have custody of the Child on his birthday shall
be entitled to have custody of the Child on the day following his birthday. Mother shall
have custody of the Children on her birthday and Father shall have custody of the
Children on his birthday. The birthday custodial periods shall be from 3:00 p.m. until
7:30 p.m.
2. NEW YEAR'S EVE/NEW YEAR'S DAY. Mother and Father shall alternate custody.
Mother shall have custody of the Children on New Year's Eve in even numbered years
and Father shall have custody in odd numbered years. The custodial period shall be from
6:00 p.m. on New Year's Eve unti18:00 a.m. on New Year's Day. The party who does
not have custody of the Children on New Year's Eve shall have custody of the Children
on New Year's Day from 8:00 a.m. unti17:30 p.m.
3. EASTER SUNDAY. Easter Sunday shall be divided into two (2) segments. Segment A
shall be from 8:00 a.m. until 12:00 noon. Segment B shall be from 12:00 noon to 7:30
p.m. In odd numbered years, Father shall have custody of the Children on Easter Sunday
for Segment A and Mother shall have custody for Segment B. In even numbered years,
Father shall have custody of the Children on Easter Sunday for Segment B and Mother
shall have custody for Segment A.
4. MEMORIAL DAY. Mother shall have custody of the Children on Memorial Day in
odd numbered years and Father shall have custody of the Children on Memorial Day in
even numbered years. The custodial period shall be from 8:00 a.m. unti17:30 p.m.
JiJLY 4th. Father shall have custody of the Children from 8:00 a.m. until 7:30 p.m.
6. LABOR DAY. Mother shall have custody of the Children on Labor Day in even
numbered years and Father shall have custody of the Children on Labor Day in odd
numbered years. The custodial period shall be from 8:00 a.m. until 7:30 p.m.
7. TRICK OR TREAT NIGHT. Mother shall have custody of the Children for trick or
treat night.
8. THANKSGIVING. Mother shall have custody of the Children Thanksgiving Day in
odd numbered years and Father shall have custody of the Children Thanksgiving Day in
even numbered years. The custodial period shall be from 8:00 a.m. until 7:30 p.m.
9. CHRISTMAS EVE. Mother shall have custody of the Children on Christmas Eve in
odd numbered years and Father shall have custody of the Children on Christmas Eve in
even numbered years. The. custodial period shall be from 8:00 a.m. until 8:00 p.m. at
which time the Children shall be transferred to the other party.
10. CHRISTMAS DAY. Mother shall have custody of the Children for Christmas Day in
even numbered years and Father shall have custody of the Children for Christmas Day in
odd numbered years. The custodial period shall be from 8:00 p.m. on Christmas Eve
until 7:30 p.m. on Christmas Day.
11. MOTHER'S DAY. Mother shall have custody of the Children on Mother's Day from
8:04 a.m. until 7:30 p.m.
12. FATHER'S DAY. Father shall have custody of the Children on Father's Day from 8:00
a.m. unti17:30 p.m.
JEREMIAH A. BARRETT, IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA
V. .
NO. 2009-4683
APRIL L. BARRETT, .
Defendant CIVIL ACTION -LAW
IN CUSTODY
ORDER
AND NOW, this day o~i~jLY°~r~-e-- , 2012, upon consideration
of the attached Stipulation and Agreement of the parties, it is hereby ORDERED and DECREED
that the attached Stipulation and Agreement is made an Order of Court.
BY THE COURT,
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Distribution: /Andrew J. Bender, Esq., 61 West Louther Street, Carlisle, PA 17013
'~ Dickinson Family Law Clinic, 371 West South Street, Cazlisle, PA 17013
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