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HomeMy WebLinkAbout02-0096WARREN JAY BARRETT, PLAINTIFF : IN ~ COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA ; CYNTHIA BURD BARRETT, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR DIVORCE / CUSTODY 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 the divorce is indignities or irreuievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in thc Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 WARREN JAY BARRETT, PLAINTIFF VS. CYNTI-HA BURl) BARRETT, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA · .; No.o -% ¢IVI : CML ACTION - LAW : ACTION FOR DIVORCE ! CUSTODY COMPLAINT FOR No-FAuLT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, WARREN JAY BARRETT, by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following consolidated complaint in divorce for divorce and custody. 1. Plaintiff is WARREN JAY BARRETT, an adult individual, who currently resides at 2103 Aspen Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. The Plaintiff has resided in Cumberland County for over twenty (20) years. 2. Defendant is CYNTHIA BURl) BARRETT, an adult individual, who currently resides at 2103 Aspen Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 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 lawfully married on June 25, 1977. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irrelrievably broken. · 7. Plaintiff has been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaintiff has chosen not to engage in, or to request any counseling. Neither Plaintiff nor Defendant was a member of the United States Military o Services. 9. Plaintiff and Defendant have three (3) children from their marriage, JAMIE LEIGH BARRETT, bom Febrnary 25, 1982; TARA ANNE BARREIr'r, bom April 1, 1983, and CASSIE RAY BARRETT, bom February 10, 1987. Jamie Leigh Barrett and Tara Anne Barrett are 18 years or older and are not a part of this divorce or custody action. COUNT ~! - REQUEST FOR NO-FAULT DIVORCE I~IDER SECTION 3301(c) OF THE DIVORCE CODE 10. thereto. 11. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, WARREN JAY BARRETT, respectfully requests the court to enter a Decree of Divorce pursuant to section 3301(c) of the Divorce Code. COUNT II - REQUEST FOR EQUIT.~BLE DISTRI~ UTION 0F MARITAL PROPERTY UNDER SECTION 3502(a) OF THF,~ DIVORCE CODE 12. thereto. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff, WARREN JAY BARRETT, respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. 14. thereto. 15. the Plaintiff and Defendant: NAME CASS1E RAY BARRETT COUNT III - REQUEST FOR CONIlRMATION OF CUSTODY UNDER SECTIONS .3104(a~(2~ and 3323(b) OF TH E DIVORCE CODE Paragraphs I through 13 of this Complaint are incorporated herein by reference The parties are the parents of the following unemancipated child who resides with .AGE SEX DATE OF ]~IRTH 14 Years Female Febmory 10, 1987 16. During the past five (5) years the child has resided with the parties and at the addresses herein indicated: WITH WHOM Plaintiff and Defendant FROM / TO ADDRESS 2103 Aspen Drive Birth to Present Mechanicsburg, PA 17. Plaintiff has not participated in any other litigation concerning the child in this or any other state. 18. There are no other proceedings pending involving custody of the child in this or any other state. 19. Plaintiff knows of no person not a party to these proceedings who has physical custody of the child or who claims to have custody, partial custody or visitation fights with respect to the child. 20. The best interests of the child will be served if both Plaintiff and Defendant have Shared Legal and Physical Custody of their child. WHEREFORE, Plaintiff, WARREN JAY BARRETT, respectfully requests that, pursuant to Sections 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an order confirming Shared Legal and Physical Custody with Plaintiff, WARREN JAY BARRETT and Defendant, CYNTHIA BUILD BARRETT, of thc parties' minor child, CASSIE RAY BARRETT. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: January 4' 2002 ) su"fi~an Kay ~o, Esquire Counsel for~p~i_r~iff PA I.D. # 64x~ 5021 East Trindle Road Suitel00 Mechanicsburg PA 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are tree and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. DATED:/5- 3/ - O/ BAR TT WARREN JAY BARRETT PLAINTIFF V. CYNTHIA BURD BARRETT DEFENDANT 02-96 1N CUSTODY F T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, Wednesday, January 23, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective cotmsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehaniesbur§, PA 17055 on Tuesday, February 12, 2002 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry ora temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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, Pennsylvania 17013 Telephone (717) 249-3166 WARREN JAY BARRETT, PLAINTIFF VS, CYNTHIA BURD BARRETT, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 02-96 CIVIL : : CIVIL ACTION. LAW : ACTION FOR DIVORCE / CUSTODY AFFIDAVIT OF SERVICE CERTIFIED MAll, COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : Be it known, that on the /~ day of F.L~0Z~.x_C~ · 2002, before me, the subscriber, a Notary Public, personally appeared SUSAN KAY CANDIELLO, who, being duly sworn according to law, did depose and state as follows: 1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania. 2. I represent Warren Jay Barrett, Plaintiff in the above-captioned matter. 3. On January 29, 2002, a true and correct copy of the Complaint for No-Fault Divorce Under Section 3301(c) of the Divorce Code was deposited for delivery with the U.S. Postal Service in Mechanicsburg, Pennsylvania, being Certified/First Class Mail, restricted delivery, return receipt requested, Article No. 7001 1940 0006 2857 6684, and addressed to the Defendant, Cynthia Burd Barrett, at 2103 Aspen Drive, Mechanicsburg PA 17055. 4. The return receipt card signed by the Defendant, Cynthia B. Barrett, showing a date of service of January 31, 2002, is attached hereto as Exhibit "A". Pa.R.C.P. 403. SUSAN KAY C~ Counsel for Pla~_ Service by certified mail meets the requirements of Pa,R.C.P. 404(2) and SWORN TO AND SUBSCRIBED before me, a Notary Public, this ~ day of , 2002. Notary Public ~ My Commission Expires: · Comp!ete items 1, 2, and 3. Alao c, omfY, ete ~ 4 if Reetrtcted Delivery hi deeired. ·Pftnt your name and addre~ on the reverse eo that we can return the card to you. · ,~Mtach this card to the back of the mailpiece, 1. ,N4k31e Addreaaed to: RESTRICTED DELIVERY 2. ~c;e Number (//'armlet from aewlc~ ~ PS Form 381 1, A,~_~t 2001 7001 1940 0006 2857 6684 Exhibit "A" FL~/Vi~ 2002 WARREN JAY BARRETT, Plaintiff VS. CYNTHIA BURD BARRETT, Defendant :IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-96 CIVIL ACTION LAW : IN CUSTODY ORDER OF COURT AND NOW, this 11TM day of February, 2002, the Conciliator, being advised by Plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for February 12, 2002 is canceled. FOR THE COURT, Da~//n~S~uire~ Custody Conciliator WARREN JAY BARRETT, PLAINTIFF VS. CYNTHIA BUR1) BARRETT, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 02-96 CIVIL TERM : : CIVIL ACTION - LAW : CUSTODY STIPULATION FOR AGREED ORDER OF CUSTODY The Plaintiff ("Father") is WARREN JAY BARRETT, who currently resides at 2103 Aspen Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. The Defendant ("Mother") is CYNTHIA BURD BARRETT, who currently resides at 2103 Aspen Drive, Mechaniesburg, Cumberland County, Pennsylvania, 17055. CASSIE RAY BARRETT ("Cassie"), bom on February 10, 1987, is the natural child of the Plaintiff and Defendant and is the subject of this Stipulation for Agreed Order of Custody. It is Plaintiff and Defendant's belief that it is in the best interests of their minor child to have a meaningful ongoing relationship with both her natural Mother and natural Father, provided the child are in a safe environment. WHEREFORE, Plaintiff, WARREN JAY BARRETT, and Defendant, CYNTHIA BURD BARRETT, have entered into a mutual agreement regarding the custody of their child and respectfully request this Honorable Court to enter the following Order: 1. Plaintiff and Defendant shall share Legal Custody (as defined in 23 Pa.C.S.A. Section 5302) of their minor child, CASSIE RAY BARRETT. 2. All decisions affecting their daughter's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental ~realment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving their daughter, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be considered major decisions and shall be made by Father and Mother, jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in their daughter's best interest. 3. Mother and Father agree to keep the other informed of the progress of their daughter's education and social adjus~aents. Mother and Father agree not to impair the other's right to shared legal or physical custody of their daughter. Mother and Father agree to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of their daughter. 4. While in the presence of their daughter, neither Mother nor Father shall make, or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom their daughter should respect and love. 5. It shall be the obligation of each parent to make their daughter available to the other in accordance with the physical custody schedule and to encourage their daughter to participate in the plan hereby agreed and ordered. 6. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom Cassie is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Mother and Father shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. Both parents' names shall be listed with the school their daughter attends as parents to be contacted in the event of an emergency, and to be notified regarding school events. Each party shall provide the other, promptly after receipt, with copies of report cards and notification of major school events. 9. Neither Mother nor Father shall schedule activities or appointments for their daughter which would require their attendance or participation at said activity or appointment during a time when their daughter is scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. Plaintiff and Defendant shall Share Primary Physical Custody of their minor child, Cassie Ray Barrett, according to the following schedule: A. Mother and Father shall alternate weeks of custody. A week of custody shall begin Sunday evening on or about 6:00 p.m., and continue through the following Sunday evening on or about 6:00 p.m.; B. Mother or Father may request one to two (1-2) evenings with their daughter during the week they do not have custody; C. The parties shall alternate the following holidays. Father shall have the odd numbered holidays and Mother the even numbered holidays in the even numbered years, to alternate annually thereafter: 1) New Year's Eve and Day (this holiday shall be determined by the year in which the New Year's Eve occurs); 2) Easter; 3) Memorial Day; 4) Independence Day; 5) Labor Day; 6) Thanksgiving Day. D. Chrislmas. Mother and Father shall alternate Christmas with Mother getting Schedule A in the even numbered years and Father getting Schedule B in the even numbered years, to alternate annually thereafter. A. To begin Christmas Day at 1:00 p.m. through December 26 at 5:00 p.m. B. To begin Christmas Eve at 5:00 p.m. through Christmas Day at 1:00 p.m. E. Father shall have his daughter on Father's Day and Mother shall have her daughter on Mother's Day; F. During all holidays, birthdays and other special times of custody, visitation shall extend from 5:00 p.m. the evening before the special custody period through the morning after the last day of the special custody period or until such times as Mother and Father can agree upon; G. Mother and Father shall each have the option of requesting one to two (1-2) consecutive weeks of vacation during the year with their daughter, providing a minimum of thirty (30) days' notice of the time requested is given to the other party; H. The parties are encouraged to discuss and cooperate with each other when sharing and making requests for changes in periods of visitation. 4 11. Mother and Father agree to support their daughter's desires to visit with either Mother or Father at such times when the daughter makes a reasonable request of the other parent, despite whose "formal" parental custodial time it is. 12. Mother and Father agree to be responsible for any ordinary everyday expenses which occur during their individual custody periods with their daughter. 13. The parent with physical custody of their daughter agrees to keep the other parent fully aware and informed of any successes, difficulties, activities, emergencies, etc., in which their daughter has become involved. 14. Father and Mother shall not interfere with their daughter's ability to communicate with the other parent via telephone, E-mail, or any other medium. 15. Mother and Father agree to alternate the income tax exemption for their daughter, with Mother having the benefit of the income tax exemption for Cassie in the year 2002 and Father in the year 2003, to alternate annually thereafter. Both parties agree they will sign and deliver to the other party the IRS Form No. 8332, for the purpose of implementing this paragraph, on or before January 31 in the year following the year for which the tax deduction is requested. 16. The parties agree whoever has the better and least expensive health insurance through their employment shall insure the child. Mother and Father agree to equally share (50/50) all uncovered medical, psychological, dental, orthodontia, and vision expenses for their daughter. 17. Mother and Father shall be flee to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will 5 occur on numerous occasions, the parties agree the alteration and/or change shall be in writing and signed by both parents. 18. Mother and Father reco~tmize Cassie has her own schedule and interests. Mother and Father want Cassie to feel comfortable whether she is with Mother or Father. They do not intend for this basic agreement to impose any specific schedule of visitation upon either Cassie or themselves. This Agreement is meant to be a guide for them and an agreement to utilize in the event they are unable to reach an amicable decision about their custody of Cassie. DATED:~/~ /2-- ,2002 //G/~a/~~', ~/f~.4~ ~/qARREN ~ BARRETT DATED: ~/_e~3. c9_O, ,2002 CYlq~DHA BURD BARRETT COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF : SS: On this. the /~3--~, -- ~' · . [,., nay of ~~ ,2002, before me, a Notary Public for the Commonwealth of Pennsylvania, the uh~tersigned officer, personally appeared WARREN JAY BARRETT known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that he execmed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notary Public {~ My Commission Expires: COMMONWEALTH OF PENNSYLVANIA : COUNTY OF O_ ct~o£C~.(~ : SS: On this, the c~?~x day of ~,~ ~x%~.xD..a.~ , 2002, before me, a Notary Public for the Commonwealth of Pennsylvania, the u~ersigned officer, personally appeared CYNTFIIA BUR1) BARRETT known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notary Public ~_ My Commission Expires: WARREN JAY BARRETT, PLAINTIFF CYNTHIA BURD BARRE~F, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 02-96 CIVIL TERM : : CIVIL ACTION - LAW : CUSTODY ORDER OF COURT AND NOW, this ~'~day of ~ ,2002, upon consideration of the attached Stipulation for Agreed Order of Custody, Plaintiff, WARREN JAY BARRETT, and Defendant, CYNTHIA BURD BARRETT, shall SHARE LEGAL AND PHYSICAL CUSTODY of their daughter, CASSIE RAY BARRETT, in accordance with the language contained in the within Stipulation. Jo MARITAL PROPERTY SETTI,EMENT AGREEMENT TillS AGREEMENT is entered into this q/~day of l~16~r~ between WARREN JAY BARRETT and CYNTHIA BURD BARRETT. ,2004, by and RECITALS Wife's Birthday and Social Security Number: July 31, 1957 229-90-2158 Husband's Birthday and Social Security Number: October 3, 1955 162-42-6361 Date of Marriage: June 25, 1977 Place of Marriage: Richmond, Virginia Last Marital Residence: Date of Separation: Children: 2103 Aspen Drive, Mechanicsburg, Pennsylvania, 17055 Jamie Leigh Barrett, Tara Anne Barrett and Cassie Ray Barrett Pending Court Proceedings: Divorce Court of Common Pleas No. 02-96 of Cumberland County, Pennsylvania WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention &Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation: the ownership and equitable distribution of marital property; the past, present and future support, and/or maintenance of Wife by Husband; and, in general, any and all claims and possible claims by one against the other or against their respective estates. NOW, TItEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinat~er set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each &the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights ora 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. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry ora divome decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residumy portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. 2 (c) Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. AGREEMENT TO BE INCORPORATED BUT NOT MERGED INTO DIVORCE DECREE In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree. This agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce caption. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. Concurrently with the execution of this Agreement, the parties shall sign Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Final Divorce Decree. Husband shall be responsible for filing these documents and finalizing the divorce. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 3 ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by Susan Kay Candiello, Esquire, counsel for Husband. Wife has been apprised of her need for counsel and has waived her right to counsel. (Please see Waiver of Right to Counsel attached hereto and made a part hereof at Exhibit "A') The parties acknowledge that each has been advised of their right to obtain independent legal advice fi.om counsel of their selection and that they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. VOLUNTARY EXECUTION Each party understands the terms and conditions of this Agreement and acknowledges that the Agreement is fair and equitable. The parties have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding this provision, under applicable Pennsylvania law, the parties understand that any provision of this Agreement relating to child support or to custody shall be subject to modification by the Court upon a showing of changed circumstances. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 4 ADDITIONAL INSTRUMENTS Wife and Husband covenant and agree that they will forthwith (and within at most ten (10) days at, er demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to 700 Rupp Road, Shiremanstown PA 17011, or such other address as Wife from time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Susan Kay Candiello, Esquire, at the Law Firm of Susan Kay Candiello, P.C., 5021 East Trindle Road, Suite 100, Mechanicsburg PA 17050, or such other address as Husband from time to time may designate in writing. 5 HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 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, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. EXISTING AND FUTURE PERSONAL OBLIGATIONS Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. 6 ENFORCEMENT The parties intend that this Agreement shall be subject to enforcement under the Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein that may be construed to the contrary, this Agreement is not subject to modification except under such terms as the parties have specifically provided for in this Agreement. ENFORCEMENT OF SUPPORT AND ALIMONY PROVISIONS The parties hereby agree that all of the support and alimony provisions contained in this Agreement (including both direct and indirect contributions to support and alimony, such as health care payments and the maintenance of health and/or life insurance) may be enforceable by an action in support in accordance with Pennsylvania Rules of Civil Procedure 1910.1 et seq. REMEDIES AND SANCTIONS In addition to such other remedies and sanctions available under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divome Code, as amended, to enforce any term of this Agreement as though it had been an order of the Court. ATTORNEY'S 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 thereofi the parties hereby agree that the breaching party will pay all attorney's fees incurred by the other party in enforcing the Agreement, provided that the enforcing party is successful in establishing that a breach has occurred. EQUITABLE DISTRIBUTION 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property; and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon any claims, which either may have with respect to the above items, which shall hereafter be the sole and exclusive property of the other. 2. MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: A. The 1995 Jeep, with an approximate value of Seven Thousand Dollars and No Cents ($ 7,000.00) and a loan of approximately Ten Thousand Dollars and No Cents ($10,000.00), is presently titled in both Husband and Wife's names. Wife shall sign all documents necessary to have this vehicle titled in Husband's name. This vehicle shall hereinat~er be the sole and exclusive property of Husband. B. The 2000 Saturn, with an approximate value of Ten Thousand Dollars and No Cents ($10,000.00) and a loan of approximately Ten Thousand Dollars and No Cents ($10,000.00) is presently titled in both Husband and Wife's names. Husband shall sign all documents necessary to have this vehicle titled in Wife's name. This vehicle shall hereinafter be the sole and exclusive property of Wife. C. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax-free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on execution date. D. In the event that any documents oftitte to the said vehicles shall be in the hands ora bank or other holder ora lien or encumbrance upon either of the said vehicles, and it is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or lienholder as to the transfer of title and they further agree to execute whatever documents may be required to transfer title where the parties' documents of title are in the hands of such bank and/or lienholder. E. Daughters' vehicles: Daughter, Tara Ann Barrett owns a 1997 Chevrolet Malibu. This car is titled in both Tara and Father's names. Tara Barrett shall be fully responsible for all loans, expenses and insurance for this car. This car shall be the sole and exclusive property of Tara and shall not be considered marital property. 3. BANI{ACCOUNTS The parties have joint checking and savings accounts with PNC. The checking account was used for paying bills and had no additional monies in it. There was a few hundred dollars in the parties' savings account. The parties hereby agree all of the funds contained in their joint checking and savings accounts was used to pay bills and/or was equally divided between them to their mutual satisfaction. These bank accounts with PNC have been closed. The parties agree that they will execute any documents necessary to effectuate the provisions of this Paragraph on execution date. 8 4. RETIREMENT INTEREST Husband has no retirement accounts. Wife has a retirement account with her present employer, Delta Dental. Husband hereby agrees to specifically release and waive any and all interest, claim or right he may have in Wife's retirement accounts with Delta Dental. 5. MARITAL RESIDENCE / DIVISION OF EQUITY Marital Residence/Value There is no equity in the marital residence. The parties were unable to financially continue to pay the mortgage on the marital residence. The mortgage company foreclosed upon the marital residence. 6. JOINT DEBTS AND LIABILITIES The parties have joint debt, which includes a first and second mortgage on their home, loans on each vehicle they own, and debt on several joint credit cards. The parties have made the decision to file for bankruptcy. The parties will follow the terms of their bankruptcy with regard to their joint debt and liabilities. Each party warrants to the other that he/she does not have any credit cards in joint names. Any obligations incurred by either party in his or her individual name, whether incurred before or after the parties' separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred. 7. SEPARATE ASSETS A. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof B. Limitation to Assets Disclosed: The above release is subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim, which he or she may have in assets, which have not been disclosed. C. Definition: The term "separate asset" is defined fur purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset which is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. D. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harmless fi.om any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. 8. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, ail items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 9. WAIVER OF ALIMONY Husband and Wife do hereby waive, release and give up any rights, which either may have against the other to receive alimony or other post-divorce maintenance or support. It shall be, fi.om the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain himself or herself without seeking any support from the other party. 10. INCOME TAX RETURNS Husband and Wife have filed joint income tax returns while married. If the parties are entitled to a refund and/or incur any liability as a result of joint income tax returns filed during the parties' marriage, the refund and/or the liability shall be equally divided between them. The cost of preparing and handling any prior income tax return from the parties' married years shall be shared equally between them. Husband and Wife agree to promptly make available to each other all records and information necessary or helpful for the preparation of any tax returns, any claim for refunds, and defense of any tax audit. 11. COUNSEL FEES AND EXPENSES The parties agree to each be fully responsible for their individual counsel fees and expenses incurred in obtaining this divorce. 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. (This space has been intentionally left blank.) lO IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first written above. ~3~qESS ~ ' CY~VrHIA BURD BARRETT ~--~TNESS ff -'~ ' WARREN JA/Y/BARRETT COMMONWEAL--TH OF PENNSYLVANIA : SS: COUNTY OF q f"' /~61~.~ ~ 2004, before me, a Notary Public On this, the day of for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared CYNTHIA BURI} BARRETT known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Property Settlement Agreement, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF Onthis, the q, 4~ dayof NotaryIPublic My Commission E ~irea: ~_ ,2004, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared WARREN JAY BARRETT known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Property Settlement Agreement, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. My Commission Ex~ires: No~! ~.,~,1 r Ga~I p. Mi~nidl. Iko~ary Public 11 I M~han~csbur9 r~oro, Gu }!~m!~nd Coun'6t WARREN JAY BARRETT, PLAINTIFF V$o CYNTHIA BUR1) BARRETT, DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-96 CIVIL : : CIVIL ACTION - LAW : ACTION FOR DIVORCE WAIVER OF RIGHT TO COUNSEL FOR MARITAL PROPERTY SETTLEMENT AGREEMENT I, CYNTHIA BURl) BARRETT, do hereby acknowledge that I am the Wife in this divorce action. I have agreed to and executed the attached Marital Property Settlement Agreement voluntarily. I am not under any duress, nor were there any threats or promises made to me to coerce my execution of this Agreement. I fully understand my property rights as Wife in this divome action are determined by this Marital Property Settlement Agreement. I agree to fulfill my responsibilities and obligations under this Marital Property Settlement Agreement. I have been advised of and do hereby waive my rights to an attorney to represent me on the issue of the Marital Property Settlement Agreement. C~b~HIA BURD~BARRE~'T - COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : q 4,~ del rf~ ,2004, before me, a Notary Public for the On this, the day of Commonwealth of Pennsylvania, the undersigned officer, personally appeared CYNTHIA BURD BARRETT known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Waiver of Right to Counsel for Marital Property Settlement Agreement, and acknowledged that she executed the same for the purpose therein contained. 1N WITNESS WHEREOF, I have set my hand and notarial seal. Notmy~ublic My C6mmissiov, E'~?;~' ! Ga~l P. Mipnich, ~, ola[y Pubti¢ / Mochanicsburg ~5oro, Cup-:?1~;',d County EXHIBIT "A" u~,~- p~,,,,,~,~,:,~:~.,'~: ,-,,~ ~ ~,~ ~ WARREN JAY BARRETT, PLAINTIFF VS. CYNTHIA BURD BARRETT, DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-96 CIVIL : : CIVIL ACTION - LAW : ACTION FOR DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about January 7"', 2002. A tree copy of the Complaint for Divorce was served upon the Defendant, on January 31~t, 2002. 2. The marriage between 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, at, er the service of notice of intention to request entry of the decree. 4. I understand that ifa claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. '~V ~(~RP,.EN JAY/B~T~ - WARREN JAY BARRETT, PLAINTIFF VS. CYNTHIA BURD BARRETT, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 02-96 CIVIL : : CIVIL ACTION - LAW : ACTION FOR DIVORCE AFFIDAVIT OF CONSENT 1. A Com~laint in Divorce under Section 3301(c) of the Divorce Code was filed on or about January 7 , 2002. A true copy of the Complaint for Divorce was served upon the Defendant, on January 31~, 2002. 2. The marriage between 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 the service of notice of intention to request entry of the decree. 4. I understand that ifa claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. CS. Section 4904, relating to unsworn falsification to authorities. DATE CYN~IIA BURD BARRETT WARREN JAY BARRETT, PLAINTIFF VS. CYNTHIA BURD BARRETT, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 02-96 CIVIL : : CIVIL ACTION - LAW : ACTION FOR DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF 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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE'' ~/AJRREN JA.~ B A_.6d~ TT WARREN JAY BARRETT, PLAINTIFF CYNTHIA BURD BARRETT, DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-96 CIVIL : : CIVIL ACTION - LAW : ACTION FOR DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF 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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DAI~ C~4IA BURD BARRETT WARREN JAY BARRETT, PLAINTIFF VS. CYNTHIA BURD BARRETT, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 02-96 CIVIL CIVIL ACTION - LAW ACTION FOR DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. Date and manner of service of Complaint: Service upon the Defendant via Certified Mail, Return Receipt Requested, Restricted Delivery, on January 31, 2002. The Affidavit of Service Certified Mail was filed with the Cumberland County Prothonotary on February 5, 2002. 3 Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code by: Plaintiff: March 9, 2004 Defendant: March 9, 2004 (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: All claims (c) Please see the Marital Property Settlement Agreement which is being filed simultaneously with this Praecipe to Transmit Record and is to be incorporated but got merged into the Divorce Decree. 2. I certify that the Waiver of Notice of Intemion to Request Entry of a Divorce Decree Under Section 3301(c) of Divorce Code, as required by Rule 1920.42(e)(1), was executed on March 9, 2004 by the Plaintiff and on March 9, 2004 by the Defendant, and that these documents are being filed simultaneously with this Praecipe to Transmit Record. I further certify that all other documents required by Rule 1920.42 are enclosed herewith. Dated: March 12, 2004 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. · an Kay Cap~il~lloI'Lgsquire - Counsel for P~ainliff} ' PA I.D. # 649¢1} // 5021 East Trindl'e'Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. WARREN JaY BARRETT PLAINTIFF VERSUS CV~IT~nA RIIRI~ RARRETT DEFENDANT N O. 02-96 AND NOW, DECREED THAT AND DECREE IN DIVORCE Wu_rr~n .lay Cynt]~a Bund ~-Io.'.t'SA.~ · ' '~2004-' IT IS ORDERED AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAI NTI VV, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ATTEST: (~NOTA~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA A~ CDJ/'FC~ : Plaintiff : Vs : File No. Defendant IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/defendant in the above matter, [select one l~y marking "x"] __ prior to the entry cfa Final Decree in Divorce, or )~ after the entry of a Final Decree/n Divorce dated ~ hereby elects to resume the prior surname of ¢.kl~-~,o- ~qhBu-/d , and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704. SignaD. zre Si/~ature of nam~oeing resumed COm ONW ra OF P NNS VX , X ) cou, rrv OFfb, od J On the o'~'-day of f)~ OJ~ ~ ,200~[,beforeme, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the with/m document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. NO~'ARiAL SEAL CLAUDIAA BREWBAKER NOTARYPUBUC Cadisle 6oro, Cumberland County My Commission Expires April 4, 2005 Notary Public