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HomeMy WebLinkAbout02-0657HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLB PA 170t 3 (7t7) 243-6090 ATTORNEY FOR PLAINTIFF HEATHER A. BARBOUR, Plaintiff Ve TERRY W. BARBOUR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - ~,, ~--"~ CIVIL TERM IN DIVORCE NOTICE 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 in 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 mardage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAVVYER'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, Pennsylvania 17013 717-249-3166 HEATHER A. BARBOUR, Plaintiff TERRY W. BARBOUR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _, : CIVIL ACTION - LAW :: .O. 02- ~*~ CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c) OF THE DIVORCE CODE NOW, comes the plaintiff, by his attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Heather A. Barbour, an adult individual residing at 113 Pine Tree Drive, Newville, Cumberland County, Pennsylvania 17241. 2. The defendant is Terry W. Barbour, an adult individual residing at 113 Pine Tree Ddve, Newville, Cumberland County, Pennsylvania 17241. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on November 19, 1994, in Gardners, Cumberland County, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301 (c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties and for such further relief as your Honorable Court may deem equitable and just. I 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. Section 4904, relating to unswom falsification to authorities. February 7, 2000 HAROLD S. IRWIN, III Attorney for plaintiff 35 East High Street Carlisle, Pennsylvania 17013 (717) 243-6090 HEATHER A. BARBOUR, Plaintiff TERRY W. BARBOUR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; : CIVIL ACTION - LAW : : NO. 02 - CIVIL TERM : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. 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. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. 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. I vedfy that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. February 7, 2002 HEATHER A. BARBOUR, Plaintiff TERRY W. BARBOUR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _, : CIVIL ACTION - LAW : = NO. 02- ~_~'~. CIVIL TERM : IN DIVORCE PETITION FOR CUSTODY NOW comes the plaintiff, Heather A. Barbour, by her attorney, Harold S. Irwin, III, Esquire, and presents the following petition for custody, representing as follows: 1. The plaintiff is Heather A. Barbour, an adult individual residing at 113 Pine Tree Drive, Newville, Cumberland County, Pennsylvania 17241. 2. The defendant is Terry A. Barbour, an adult individual residing at 113 Pine Tree Drive, Newville, Cumberland County, Pennsylvania 17241. 3. The parties are the parents of two minor children, namely Hunter A. Barbour (born May 30, 1995, age 6 years) and Allison A. Barbour (born January 6, 1997, age 5 years). 4. The children have resided with both parties from the time of their birth through the present. 5. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, other than the existing Order filed to this term and number. 6. 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. 7. Plaintiff believes and therefore avers that the best interests and permanent welfare of the children require that the parties have joint legal custody of the children, that plaintiff have primary physical custody and that defendant have specified periods of temporary custody and visitation with the children in accordance with a schedule and under certain conditions which may be agreed upon at a conciliation to be held in this matter. WHEREFORE, plaintiff respectfully requests that the court enter an order providing for the legal and physical custody of the children as aforesaid. February 7, 2002 HAROLD S. IRWIN, III Attorney for plaintiff 35 East High Street CaHisle, Pennsylvania 17013 (717) 243-6090 Supreme Court I.D. No. 29920 VERIFICATION I do hereby verify that the acts set forth in this petition 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. February 7, 2002 HEATHER A. BARBOUR '- NATHAN C. WOLF, ESQUIRE ATTORNEY ID #8?380 35 EAST HIGH STREET CARLISLE PA t70t3 (7'17) 243-6090 ATTORNEY FOR PLAINTIFF HEATHER A. BARBOUR, Plaintiff TERRY W. BARBOUR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - /~r~ CIVIL TERM Protection From Abuse TEMPORARY PROTECTIVE ORDER AND NOW, this t~"'day of February, 2002, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Heather A. Barbour, now residing at 113 Pine Tree Drive, Newville, Cumberland County, Pennsylvania 17241 is in immediate and present danger of abuse from the defendant, Terry W. Barbour, the following Temporary Order is entered. The defendant, Terry W. Barbour, whose current address is 113 Pine Tree Ddve, Newville, Cumberland County, Pennsylvania, 17241, is hereby enjoined from physically abusing the plaintiff, Heather A. Barbour, and the parties' children, Hunter ^. Barbour and Allison A. Barbour, or placing them in fear of abuse. ~he The defendant is order to stay away from the plaintiff~3j~. plaintiff's residence located at 113 Pine Tree Drive, Newville, Cumberland County, Pennsylvania 17241, or any other residence she ~ may establish. That defendant shall refrain from attempting to see or contact plaintiff at her place of business, 35 East High Street, Carlisle, Cumberland County, Pennsylvania, 17241. That pending the Court's hearing of this matter, the defendant shall temporarily be prohibited from the possession and use of any firearm. That the defendant shall refrain from consuming alcohol or being under the influence of alcohol while he is in the presence or has custody of the children. That per)ding the Courts hearing Ch.-this matter the defendant be entitled to visitation wit~.th.e parties~dren but-th~ansfers of~stody ofpchildre,~ be through ~eutral third~rty at the marl'res!dance a,~that such v~s shall o~ur on Sund~y~s~'from 4 o'c~l;~k p.m. to9 o~J~Sck p.m., and ~ Mondays ,~m 7.'30~'~ck a m until 8"o'clock p.m. ~nd on Tuesday~ from 7:30 o clock a.m. until 5:30 o'cl/~'k p.m. The t~d party des~l~ted may be~,relative of th~lefendant but th~ndividual shall refrain~rom harassi~g behavior tov~rds the plaintiff. The pa~es and the third-p~y conducting the transfers of~ustody aha)refrain from making~sparaging roman's about the ot~j~ party to the~ldren or froi~ making any attemptb-to alienate the p~rties from the c~ildren. A violation of this order may subject the defendant to: (i) arrest under 23 Pa.C.S. Section 6113; (ii) a private cdminal complaint under 23 Pa C.S. Section 6311.1; (iii) a charge of indirect criminal contempt under 23 Pa.C.S. Section 6114, punishable by imprisonment up to six months and a fine of $100.00 to $1,000.00; and (iv) civil contempt under 23 Pa.C.S. Section 6114.1. Resumption of co-residence on the part of the plaintiff and the defendant or the exemise of temporary physical custody or visitation by the defendant with the parties' children shall not nullify the provisions of the court order.  ;]'his Order shall remain in,effect until modifieaLor terminated by the Court,~[~-,~,--, can De ex~enoed beyond that time if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff or the parties' children. A hearing shall be held on this matter on ~, the ~ ~ day of ~'~5~002, at /'/)'./)DE .m. in Courtroom No. / Cumberland County Courthouse, Carlisle, Pennsylvania. This order shall be docketed in the office of the Prothonotary. Plaintiff shall cause proper service of this order and the petition to be made upon the defendant. The Prothonotary shall; not send a copy of this Order to the Defendant by mail. The appropriate police department(s) shall be provided with certified copies of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt and without warrant upon probably cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the Court that issued the order. When that Court is unavailable, the defendant shall be taken before the appropriate district justice. (23 P.S. Section 6113). Responsibility for the costs of these proceedings shall be determined by the Court at the time of hearing on this matter. PsP J. NATHAN C. WOLF, ESQUIRE ATTORNEY ID #87380 35 EAST HIGH STREET CARLISLE PA (717) 243,.6090 ATTORNEY FOR PLAINTIFF HEATHER A. BARBOUR, Plaintiff TERRY W. BARBOUR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW _. : NO. 02 - CIVIL TERM : Protection From Abuse PETITION FOR PROTECTIVE ORDER NOW comes petitioner, Heather A. Barbour, by her attorney, Nathan C. Wolf, Esquire, and presents this petition for a protective order under the Protection from Abuse Act, P.L. 1090, No. 218, of 1976, representing as follows: 1. Petitioner is Heather A. Barbour, an adult individual residing at 113 Pine Tree Drive, Newville, Cumberland County, Pennsylvania 17241. 2. Respondent is Terry W. Barbour, an adult individual residing at 113 Pine Tree Drive, Newville, Cumberland County, Pennsylvania 17241. 3. The parties were married November 19, 1994 in Newviile, Pennsylvania and resided in Pennsylvania until their separation on February 7, 2002, when plaintiff filed a complaint in divorce in the Court of Common Pleas of Cumberland County, Pennsylvania. 4. The parties have two minor children, namely, Hunter A. Barbour (age 6) and Allison A. Barbour (age 5). 5. During the course of the parties' marriage, petitioner has been subjected to a sedes of verbally abusive attacks from respondent. 6. Most recently, such verbal abuse has consisted, inter alia, in the following: A. On several occasions the respondent made threats to the petitioner that indicated that she would pay for initiating the divorce action and separation in the presence of the parties children; B. On February 12, 2002, respondent told the petitioner that today would be her last day alive if she had called 911 and then told the petitioner to run for her life because he was going to get a gun and shoot the petitioner, such actions and threats occurred in the presence of the parties' minor children; C. On a variety of other instances throughout the parties' marriage, petitioner has been subjected to verbal abuse by the respondent. Such incidents consisted of threats of verbal and mental insults, culminating in petitioner summoning the Pennsylvania State Police to the marital residence to ensure the mental and physical safety of herself and that of her children. 7. Respondent has lived with petitioner and is now in temporarily in the Cumberland County Prison, but is due to be released from custody pending the posting of bail on charges of making terroristic threats and harassment, and petitioner remains in fear for her own safety and that of her children. 8. Petitioner and the parties' children require an order providing for their peace in their present residence or wherever they may reside in order to protect them from contact with respondent, prevent further physical abuse and the threat thereof and prevent further injury to them. WHEREFORE, petitioner requests this Court to enter an order providing that: A. Respondent shall refrain from abusing, threatening with violence, harassing or visiting the petitioner and the parties' children at the parties residence in any manner; B. Respondent shall otherwise be excluded from being in the area of the petitioner's residence at 113 Pine Tree Ddve, Newviile, Cumberland County, Pennsylvania 17241, or such other residence as petitioner and the parties' children shall be living from time to time and from all contact with petitioner and their children when they are in any other place outside of their home, except that he may have contact with the children during such times wherein supervised visitation between the respondent and the children may take place; and, C. That respondent shall refrain from attempting to see or contact petitioner at her place of business, 35 East High Street, Carlisle, Cumberland County, Pennsylvania, 17241. D. That pending the Court's hearing of this matter, the respondent shall temporarily be prohibited from the possession and use of any firearm; and. E. That the respondent shall refrain from consuming alcohol or being under the influence of alcohol while he is in the presence or has custody of the children. F. That pending the Court's hearing on this matter the respondent be entitled to visitation with the parties' children but that transfers of custody of the children be through a neutral third party at the marital residence and that such visits shall occur on Sundays from 4 o'clock p.m. to 9 o'clock p.m., and on Mondays from 7:30 o'clock a.m. until 8 o'clock p.m. and on Tuesdays from 7:30 o'clock a.m. until 5:30 o'clock p.m. G. The third party designated may be a relative of the respondent but that individual shall refrain from harassing behavior towards the petitioner. H. The respondent and the third-party shall refrain from making disparaging remarks about the petitioner to the children or from making any attempts to alienate the petitioner and the children, the petitioner hereby voluntarily agrees to the same conditions. I. Such other relief as the Court deems necessary. February 13, 2002 Carlisle, PA 17013 (717) 243-6090 Supreme Court I.D. NO. 87380 Attorney for Petitioner VERIFICATION I, Heather A. Barbour, plaintiff herein, verifl/that the facts contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. February 13,2002 (~'/~~ (~/- //~/~~ -R~athe~ A. BarbmJr' r 02/13/02 WED 16:16 F~X 717 240 6573 CUMB CO PROTHONOTARY ~001 TX/RX NO INC0~PLETE TX/RX TRANSACTION OK ERROR *** ~IULTI TN REPORT *** 2975 0119p2490779 0319p2405331 PSP CP TO: PA STATE POLICE FAX ~: 717-249-0779 FRCM: CURTIS R. LONG OFFICE OF THE PRCqT~CINC/1~ARY C~ERLAND COUN~ COURTHOUSE ONE COURTHOGSESOUARE CARLISLE, PA. 17613-3387 (7171 240-6~95 FAX (717) 240-'6573 V__I A T E L E CO p I E R RE: PFA ORDERS MESSAGE: NO. OF PA(~3 (IN~J33DiNG COVER S~EET) HEATI~R A. BARBOUR : PLAINTIFF : : V. : 02-657 : TERRY W. BARBOUR DEFENDANT : IN CUSTODY : ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, Friday, February 15, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, March 13, 2002 at 9:30 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/ lacaueline M. Vernev. Esa. ~P~ ' ' Custody Conciliat~)r ' k) ~ 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 HEATHER A. BARBOUR, Plaintiff TERRY W. BARBOUR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _, : CIVIL ACTION - LAW : HO. Ol - CIVIL T£RM : Protection From Abuse PETITION FOR CONTINUANCE NOW comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and presents this petition for a continuance, representing as follows: 1. The Court has ordered a headng on plaintiff's protection from abuse petition. Said hearing is scheduled for Wednesday, February 20, 2002, at 10:30 a.m. 2. Plaintiff's counsel contacted defendant on Tuesday, February 19, 2002, by telephone, to inquire as to whether or not there was ay possibility for a resolution of this matter. 3. During that phone call, defendant informed plaintiff's counsel that he had not been served with the temporary PFA order and had not yet had an opportunity to obtain the advice of counsel in this matter. 4. Counsel for plaintiff then contacted the Cumberland County Sheriff's office and confirmed that defendant has not been served with the petition or order. 5. In order for defendant to have the opportunity to be served and obtain counsel, plaintiff is willing to have the hearing scheduled for tomorrow continued until the next date that the parties are available. 6. Plaintiff will be out of town from Saturday, February 23, 2002 until March 2, 2002 and therefore requests that the Court reschedule this hearing for the first week of Mamh, 2002. 7. Plaintiff also requests that the court provide that the current temporary PFA order remain in effect pending the hearing to be held pursuant to her petition. WHEREFORE, defendants request that the Court grant a continuance in this case and reschedule the hearing for the first week of March, 2002. February 19, 2002 Attorney for Plaintiff 35 East High Street Carlisle, PA 17013 (717) 243-6090 Supreme Court ID No. 29920 VERIFICATION I verify that the statements in the above petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. February 19, 2002 Heather A. Barbour HAROLD S, IRWIN, III, ESQUIRE ATTORNEY ID NO. 2gg20 35 EAST HIGH STREET GARLISLE PA 770t3 (717) 243-6090 ATTORNEY FOR PETITIONER HEATHER A. BARBOUR, Plaintiff V, TERRY W. BARBOUR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO. 02- ~<'7 CIVIL TERM Protection From Abuse ORDER OF COURT NOW, this I~day of February, 2002, on petition of the plaintiff and on motion of Harold S. Irwin, III, Esquire, a continuance in this matter is hereby granted. The headng previously scheduled for Wednesday, February 20, 2002 shall be held on on~ , the ,/.5'Z~.day of March, 2002, at ,~.~..m. in Courtroom No. 1, Cu County Courthouse, Carlisle, Pennsylvania. Pending final disposition of this matter, the temporary protection form abuse ordered entered on February J$~-, 2002, shall remain in full force and effect. By the Court~ /~ / HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 3S EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF HEATHER A. BARBOUR, Plnlntlff VB TERRY W. BARBOUR, DefendRnt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - 657 CIVIL TERM IN CUSTODY AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a}(1}(i} NOW, Harold S. Irwin, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the above captioned action in divorce. 2. That a certified copy of the complaint in divorce was served upon the defendant on or about February 8, 2002, by certified mail "restricted delivery", addressed to the defendant at 113 Pine Tree Drive, Newville, pa 17241, by certified mail, return receipt No. 7000 1530 0002 4695 8310. 3. That a copy of the sender's receipt and signed receipt for certified mail is attached hereto. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unswom falsificatiorvto authorities. February 20, 2002 Harold S. Irwin{ill _ / Attorney for pla~,~/ · ~e Iten~ 1, 2, end 3. ,Nao cx~ll~ Itm,n 4 ff P~ Deilvee/Is d~. · Print your name e.~cl adc:l~m~ on tile n~'~e so that we ¢=an return the card to YO~. · At~..h this c~d to th~ t~c~ of the malllY,~, I I'1 In.md M~I [] C.O.D. . ., PS Form 3811, March 2001 Domestic Retum Re~ipt SHERIFF'S RETURN - REGULAR CASE NO: 2002-00657 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BARBOUR HEATHER A VS BARBOUR TERRY W CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon BARBOUR TERRY W the DEFENDANT at 5 KUNTZ ROAD , at 1550:00 HOURS, on the 20th day of February , 2002 GARDNERS, PA 17324 by handing to TERRY W. BARBOUR a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 6 21 00 10 00 00 34 21 Sworn and Subscribed to before me this ~ day of ~ A.D. ~ ~tt~onot ar~ So Answers: R. Thomas Kline 02/2 /2002 NATHAN WOLF D~put~ Sheriff HEATHER A. BARBOUR, : IN THE cOURT OF COMMON PLEAS OF Plaintiff TERRY W. BARBOUR, Defendant · . CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02 - 0657 CIVIL TERM : Protection From Abuse ORDER OF COURT th s 't~day of March, 2002, at the request of the plaintiff and on motion of her aNttOorWn~y, H . Irwin, I1~, Esquire, the temporary protective order entered on February 13, 2002 in the captioned action is hereby vacated. The hearing scheduled for Friday, March 15, 2002 is canceled. J~esley 01er, ~J~d~e ~ ¥tNYA'IAgNN~d NATHAN C. WOLF, ESQUIRE ATTORNEY ID #87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-S090 ATTORNEY FOR PLAINTIFF HEATHER A. BARBOUR, Plaintiff TERRY W. BARBOUR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - 0657 CIVIL TERM Protection From Abuse PRAECIPE TO WITHDRAW PETITION FOR PROTECTIVE ORDER TO THE PROTHONOTARY: Please withdrawal the plaintiff's petition for a protective order as well as the temporary protective order entered by the Court on February 13, 2002. The parties have resolved their disputes and entered into an appropriate marital settlement agreement and custody agreement. Please notify the Court (Judge Oler) that the hearing on the protective order, scheduled for Friday, March 15, 2002, may be canceled. ~ March 12, 2002 H Attorney for Plaintiff~_..~ 35 East High Street, Suite 201/202 Carlisle, PA 17013 717.243-6090 Supreme Court i.D. NO. 29920 03/18/02 ~{0N 09:12 FAX 717 240 6573 CUMB CO PROTHONOTARY [~001 TX/RX NO INCOMPLETE TX/RX TRANSACTION OK ERROR *************************** *** MULTI TN REPORT *** *************************** 3026 0119p2490779 0319p2405331 PSP CP OFFICE OF %HE PROTHCIqCYrARY CUMBERLAND COUNTY COUR~qOJSE ONE coORq~OUSE SQUARE CARLISLE, PA. 17013-3387 [717) 240-6195 FAX (717) 240-6573 VIA TELECOP IE R PA STATE POLICE 717-249-0779 CURTIS R. LoNG PFA ORDERS NO. OF pA(2F-.S (INeJF~JPING COgq~R S~c-m~k') MAR 1 ~ 2002' '~ HEATHER A. BARBOUR, Plaintiff V. TERRY W. BARBOUR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-657 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 13th day of March, 2002, the Conciliator being notified that the parties have signed a Custody Stipulation in the above matter, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THECOURT, b~acqi~eiine M. 4qemey, Esquir~ustody Conciliator HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (7t 7) 243-6O90 ATTORNEY FOR PLAINTIFF HEATHER A. BARBOUR, Plaintiff TERRY W. BARBOUR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02 - 657 CIVIL TERM : IN CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this ///~day of March, 2002, by and between TERRY W. BARBOUR (hereinafter referred to as "Father") and HEATHER A. BARBOUR (hereinafter referred to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Father and Mother are the natural parents of two (2) children, namely, Hunter Addison Barbour (age 6 years) and Allison Ann Barbour (age 5 years); and, WHEREAS, the parties wish to enter into an agreement relative to the custody, partial custody, and support of the children. NOW, THEREFORE, in consi~leration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. The parties shall have joint legal custody of the children· 2. The Mother shall have primary physical custody of the children· 3. The Father shall have temporary physical custody of the children at such times as follows: A. From Sunday at 4:00 p.m. through Tuesday at 5:30 p.m. (during these periods, Mother shall drop off the children at Father's mother's home on Sunday and shall pick up the children at Mother's father's home on Tuesday); B. Every other Saturday, from 11:00 a.m. until 5:00 p.m. (during these periods, Father shall provide transportation for the children); C. During Father's vacation time from work; Father shall give Mother notice of such vacation time by April 30th of each year; D. Father and Mother shall share visitation on the respective birthdays of the children as arranged by the parties; Father shall always have the children on Father's Day and Mother shall always have the children on Mother's Day E. The holidays of Thanksgiving and Easter shall be shared between the Father and Mother, as follows: the Mother shall have the children from 8 o'clock a.m. until 2 o'clock p.m., and the Father shall have the children from 2 o'clock p.m. until 8 o'clock p.m. F. The Christmas holiday shall be shared visitation between the parties as follows: the Mother shall have visitation from Christmas eve at 8 o'clock p.m. until noon on Christmas Day, and the Father shall have visitation from noon on Christmas Day until 9 o'clock p.m. G. The parties agree that this schedule may be modified if Father's work schedule changes and that it is their intention that more time may be scheduled with the Father during the Summer when the children are not in school, as mutually agreed between the parties at that time. 4. Both parties shall have reasonable telephone contact with the children while the children are in the other's custody. 5. The parties shall keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health, welfare and well being of the children are protected. 6. The parties shall do nothing that may estrange the children from either party or hinder the natural developm.ent of the children's love or affection for the other party. 7. The Father shall pay to Mother the sum of $165.00 per week for the support of the parties' children and one-half of all childcare and preschool expenses for the children, effective February 12, 2002. Upon the execution of this agreement, Father shall make a lump sum payment to Mother in an amount sufficient to bring him current with the payment previsions of this paragraph. All other payments hereunder shall be made directly to Mother on Sunday each week. Father shall also pay to Mother 50% of all unreimbursed medical expenses for the children after the first $250.00 per year per child. 8. The parties will undertake to utilize the other parent for such childcare as may be necessary, so long as the use thereof is convenient and reasonable and can be accomplished with a minimum of trar{sportation issues. Furthermore, both parties recognize and agree that the daycare / preschool program in which the parties' daughter, Allison, is enrolled is an important part in her development and in her preparation for elementary school in the future. Accordingly, both parties agree that Allison will remain in pre-school and / or daycare programs on at least all Wednesdays, Thursdays and Fridays. It is also contemplated that both children may be involved in similar after-school programs as may be available in future years. 9. In the event that Father's payments as aforesaid become more than seven (7) days late, then Mother shall have the option of filing this agreement with the Cumberland County Domestic Relations Office and requiring that a wage attachment be put in place. However, in the event that Father's payments become more than thiffy (30) days late, Mother shall have the ability to enforce this Order and shall have the ability to petition the Court to hold the Father in Contempt and seek any arrearages, in addition to counsel fees and costs associated with obtaining such an Order. 10. Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and only if executed with the same formality of this agreement. 11. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coemien or other unfair dealing on the part of the other. 12. The parties desire that this agreement be made an order of Court through the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has judsdiotJon over the issue of custody of the parties' minor children and shall retain such juhsdiction should circumstances change and either party desire further or require further modification of said Order. 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 herein set forth. WITNESSETH: TE ~Y~W. BARBOUR (SEAL) H'EATHE~ ~.. BARBO'UR 90'd O0~6+C~E+Z[Z e3[~O ~ u~t-~u.! VO£:[[ EO-[t-~N COMMON~r_ALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND : On this, the //A day of March, 2002, before, the undersigned officer, appeared TERRY W. BARBOUR, known to me. ( or satisfactorily proven ) to be the same person whose name is subscribed to the within instrument, and acknowledged that he executed this agreement for the purposes lherein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~Wl~er~.~ I ~~ ~'~'--(~EAL) N~ COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND : On this, the,~dday of March, 2002. before, the undersigned officer, appeared HEATHER A. BARBOUR, known to me ( or satisfactorily proven ) to be the same person whose name is subscribed to the within instrument, and acknowledged that she executed mis agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereu~ Hated S. ~r~ .~, N~.y Pce~c (SEAL) c.,~ s~o, C..V~nd Co.~ Notary Public ,. My ~ E3~ms S~L ~3, ~O~ Member, Pm~p.~iva~la Association ol Notates LO'd OOg6+;~g+~tL e3~JO ~ u~'~'J,I VO£:[[ HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF HEATHER A. BARBOUR, Plaintiff TERRY W. BARBOUR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02 - 657 CIVIL TERM .' IN CUSTODY ORDER OF COURT NOW, this Z.%~ ~- day of April,.2002, upon presentation and consideration of the attached Stipulation and Agreement and upon agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. co: BY THE COURT, HEATHER A. BARBOUR, PLAINTIFF, V. TERRY W. BARBOUR, DEFENDANT. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-657 CIVIL TERM : IN DIVORCE and CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes the Petitioner, Terry W. Barbour, by and through his attorneys, IRWIN, McKNIGHT & HUGHES, and files this Petition to Modify Custody, making the following statement: 1. The Petitioner is Terry W. Barbour, an adult individual currently residing at 5 Kuntz Drive, Gardners, Pennsylvania 18324. 2. The Respondent is Heather A. Barbour, an adult individual currently residing at 251 West Ridge Street, Carlisle, Pennsylvania 17013. 3. The parties are the natural parents of two (2) minor children, namely Hunter A. Barbour, bom May 30, 1995, age 7 years, and Allison A. Barbour, bom January 6, 1997, age 5 years. 4. On or about March, 2002, the parties entered into a custody schedule for the children. o the father. The Petitioners working hours are such that the minor children can spend more time with 6. Petitioner is desirous of serving the best interests of the children and believes and therefore avers that the current custody schedule should be modified whereby Petitioner would have more custody time with the minor children. WHEREFORE, the Petitioner, Terry W. Barbour, respectfully requests that the current Court Order be modified and that physical custody of the minor children be awarded to Petitioner. Date: October~, 2002 Respectfully submitted, IRWIN, McKNIGHT & HUGHES Carlisle, PA 17013 717-249-2353 Supreme Court I.D. No: 67212 Attorney for the Petitioner, Terry W. Barbour HEATHER A. BARBOUR, PLAINTIFF, V. TERRY W. BARBOUR, DEFENDANT. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CML ACTION - LAW : NO. 02-657 CIVIL TERM : IN DIVORCE and CUSTODY CERTIFICATE OF SERVICE I, Rebecca R. Hughes, do hereby certify that I am this day serving a true and correct copy of the foregoing document upon the person, and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same with the United States Post Office in Carlisle, Pennsylvania, postage prepaid, certified, restricted delivery, and addressed as follows: Harold S. Irwin, III, Esquire 35 East High Street Carlisle, PA 17013 Date: October, 2002 IRWIN, McKNIGHT & HUGHES 60 West Pomfi'et Street Carlisle, PA 17013 717-249-2353 Supreme Court I.D. # 67212 Attorney for the Petitioner, Terry W. Barbour HEATHER A. BARBOUR PLAINTIFF TERRY W. BARBOUR DEFENDANT : 02-657 : : IN CUSTODY ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, Friday, November 01, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, November 19, 2002 at 9:30 AM for a Pre-Heating 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 of a 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/ Jacqueline M. Verney, 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 heating. 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 Co.h.l( ~o. ~. l~ NOV 1 9 ZOO2 HEATHER A. BARBOUR, Plaintiff/Respondent TERRY W. BARBOUR, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : CIVIL ACTION - LAW : : NO. 2002-657 CIVIL TERM : : IN CUSTODY ORDER OF COURT ANDNOW, this 2\SJ[ dayof ~,,~'~L'a-~ ,2002, upon consideration of the attached Custody Concihation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. _ / , of the Cumberland County Court House, on the a~'~/:/~ day of .~~_, 2003, at o'clock, t~. M., at which time testimony will be taken. F~r purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated April 23, 2002 shall remain in effect. J:3sley Oler, Jr~',~) cc: Rebecca R. Hughes, Esquire, counsel for Father Harold S. Irwin, III, Esquire, counsel for Mother BY THE COURT, J. HEATHER A. BARBOUR, Plaintiff/Respondent TERRY W. BARBOUR, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2002-657 CIVIL, TERM : : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information conceming the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Hunter A. Barbour Allison A. Barbour May 30, 1995 Mother January 6, 1997 Mother 2. A Conciliation Conference was held November 19, 2002 with the following individuals in attendance: The Father, Terry W. Barbour, with his counsel, Rebecca R. Hughes, Esquire, and the Mother, Heather A. Barbour, with her counsel, Harold S. Irwin, III, Esquire. 3. The Court previously entered a stipulated Order of Court on April 23, 2002, granting shared legal custody, Mother primary physical custody and Father having every Sunday to Tuesday and alternating Saturdays during the day. Father filed a Petition to Modify seeking shared physical custody on a week on/week off basis. 4. Father's position on custody is as follows: Father seeks shared physical custody on a week on/week off basis. Father lives with his mother and stepfather. He works 9:30 p.m. to 6:00 a.m. Monday through Friday. His mother would care for the children while he is at work. He resides in the same school district and would agree to transport the children to their current elementary school. Father does not believe week on/week off would be unduly disruptive to the children. He believes the arrangement would maximize his contact with the children. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having an alternating weekend schedule from Saturday to Tuesday and physical custody every evening during that same week. Mother maintains that a week on/week off arrangement would be disruptive to the children, that the children need the sense of a home base. 6. The Conciliator recommends an Order in the tbrm as attached scheduling a Hearing and continuing the present Order pending a hearing. It is expected that the Hearing will require one day. Date Jficqu~line M. verney, Esqu' ~' Custody Conciliator HEATHER A. BARBOUR, Plaintiff TERRY W. BARBOUR~ Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02 - 657 CIVIL T~RM : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of ~lhe Divorce Code was flied in this matter on or about February 7, 2002 and served upon defendant on February 8, 2002 (See Affidavit of Service filed on February 21, 2002). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the 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 divorce. ! verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. December/~, 2002 ~~/~~~ -- HEATHER A. BA~BOUR HEATHER A. BARBOUR, Plaintiff TERRY W. BARBOUR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02 - 657 CIVIL TERM : IN DIVORCE WAIVER OF N.,0TICE OF INTENTION TO REC~UEST ENTRY OF A DIVORCE DECRE~ UNDER SECTION 3301(C) OF TNE DIVORCE CODF 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. Section 4904 relating to unsworn falsification to authorities. December/~, 2002 HEATHER A. BAI~BOUR HEATHER A. BARBOUR, Plaintiff TERRY W. BARBOUR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02 - 657 CIVIL TERM : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT 1. 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. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. 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. 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. December ./~', 2002 HEATHER A. BARBOUR HEATHER A. BARBOUR, PLAINTIFF, V. TERRY W. BARBOUR, DEFENDANT. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-657 CIVIL TERM : IN DIVORCE and CUSTODY AGREEMENT AND STIPULATION THIS STIPULATION AND AGREEMENT entered into this O~C//-q ]a~0~ day of , 2003, by and between HEATHER A. BARBOUR, (hereinafter referred to as "Mother") and TERRY W. BARBOUR, (hereinafter referred to as "Father"). WHEREAS, Father and Mother are the natural parents of Hunter A. Barbour, born 5/30/95, and Allison A. Barbour, born 1/6/97; and WHEREAS, Father and Mother desire to enter into a comprehensive Custody Stipulation and Agreement setting forth the physical and legal custody arrangements for their minor children, to be in effect hereafter and until altered by subsequent order of court; and WHEREAS, Father and Mother desire to confLrm their agreement relative to custody of their minor children and execute a Stipulation and Agreement to affect the same. 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. The Father and Mother shall share legal custody of their two children, Hunter A. Barbour and Allison A. Barbour. 2. The Father and Mother shall share phycical custody of the two minor children on an alternating weekly basis, with the exchange day to be Sunday at 11:00 a.m. o o o During the father's period of custody, on the evenings he is required to work, father shall take the minor children to mother's house at 8:30 p.m. so that they will sleep in a home where a parent is present. The parties agree that this is extenuating circumstances for purposes of support since the father provides for the minor children the entire day during his periods of custody, and mother only provides sleeping arrangements for the children. During their custodial period, each parent shall be responsible for providing appropriate daycare for the minor children. The father shall pay Two Hundred and no/00 ($200..00) Dollars each month for support of the minor children. The parties agree to modify the current support order currently in place through the Cumberland County Domestic', Relations Office, PACSES No. 637104994, Docket No. 00976 S 2002, to reflect the above agreement. It is further agreed that if mother petitions for modification of support through a County Domestic Relations Office, that either party has the right to immediately file a Petition for Modification of Custody and shall be entitled to a full hearing on the merits. The parties will keep each other advised immediately relative to any emergencies concerning the minor children and shall, further, take any necessary steps the ensure that the health and wellbeing of the children is protected. The parties agree that there shall be reasonable telephone contact with the children during periods when the children are not in the custody of that party. Neither party shall do anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love and affection for the other party. Each party shall be entitled to complete and full information from any doctor, dentist, teacher or other similar authority and have copies of any reports given to them as a 10. 11. 12. parent. Such documents include, but are not limitext to, medical reports, academic and school report cards, and birth certificates. Any permanent modification or waiver of the provisions of this Agreement must be in writing and shall be affective only if made in writing and executed with the formality as this Stipulation and Agreement. The parties acknowledge that entering into this Stipulation and Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of either party. The parties acknowledge that they have read and understood the provisions of this Stipulation and Agreement. Each party acknowledges that the Stipulation and Agreement is fair and equitable and that it is not the result of duress or undue influence. 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 above written. HEATHER A. BARBOUR T~RRY W. BARBOUR STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the ~z/ day of~, 2003, before me this undersigned officer, personally appeared HEATHER A. BARIRI~R, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. hereunto set my h!~rnd and office seal. Notadal Seal Robert J. Mulderig, Notary Public Carlisle Boro, CumbedandCoun My Commission Expires Nov. 13, STATE OF PENNSYLVANIA · COUNTY OF CUMBERLAND · On this, the ,9 t/ day of ~ ,2003, before me the undersigned officer, personally appeared TERRY W. BARBOUR known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained· IN WITNESS WItEREOF, I hereunto set mvA*mnd/~d~0fficg'Sheal.~' \ / Martha L. RLoel, Notary Public k,... / C~artiele Boro, t~%tmberland County -- Conlmtsr~ton Expires Sept. 18, 2003 Memb~}r, Pennayivani@ Association ot Notaries HEATHER A. BARBOUR, Plaintiff TERRY W. BARBOUR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-0657 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of February, 2003, upon consideration of the attached letter from Rebecca R. Hughes, Esq., attorney for Defendant, the hearing scheduled for February 27, 2003, is cancelled. Nathan Wolf, Esq. 35 E. High Street Carlisle, PA 17013 Attorney for Plaintiff Rebecca R. Hughes, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant BY THE COURT, J~,Wesley Ol~er,'3Jr., ~, j. . FEB-2$=2003 lO:44AM FROM-IRWIN, MCKNIGHT & HUGHES LAW OFFICES +7172498354 T-801 P.002/002 F-420 I_AW OFFICES IRWIN McK2VZGHT & HUGHES M4ACu$ /L McKNIG[-ff . /g J'4ME,~ D. Hr,,rGHE~ ~BECC.4 ~. HUOH£$ Y~EST POMFRET PROFESSIONJI. BUIZDING ~0 IFEST POMFI~VT S~ C/IJ~JS[_~ PF_JgNS~£ ~',4Nld 17013-3222 (717) 24~-25.f j B.MAIL, IMHI~ ~(.,a)SUPERNffT. COM February 25, 2003 FIA FA CS_~. _ILE ON£ Y 24~6462 THE HONORABLE J. WESLEY OLER, JR. CUlVI~Ii:RLAND COUNTY COURTItOUSI~ ONE COURTHOUSE SQUARE CARLISLE~ PA 17013 BARBOUR v. BARBOUR NO, 02-657 CML TERM IN DIVORCE and CUSTODY Dear Judge Oler: Please be advised thox the hearing currently scheduled for February 27, 2003 at 9:30 a.m. for the above-captioned case is no longer needed due to a sctflcmcnt which has been rcached between the parties. Said Settlement Agreement is being filed with This Honorable Court today. Therefore please cancel the hearing previously scheduled. Voa-y truly yours, IRW~"~IOHT ,~ HUGHES RRH:clc Cc: Nathan Wolf Tcrty Barbour HEATHER A. BARBOUR, PLAINTIFF, V. TERRY W. BARBOUR, DEFENDANT. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-657 CIVIL TERM : IN DIVORCE and CUSTODY FEB 2 ...... ~ FEB 26 ZOO3 ORDER OF COURT AND NOW, this Z'~ ~-~ay of ~2'c~ L~. ,2003, upon consideration ofthe attached Stipulation and Agreement, the terms and conditions contained in the attached Stipulation and Agreement are hereby made an Order of Court. By the Court: HEATHER A. BARBOUR, Plaintiff TERRY W. BARBOUR, Defendant : IN THE COURT OF COMMON PLEA~ OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02 - 657 CIVIL TERM : IN CUSTODY DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about February 7, and served upon defendant on February 8, 2002 (See Affidavit of Service filed on February 21, 2002.) 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the 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 divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. TERy W. BARBOUR HEATHER A. BARBOUR, Plaintiff TERRY W. BARBOUR, Defendant : IN THE COUk¥ OF COMMON PLEA~ OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02 - 657 CIVIL TERM : IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. 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. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. - TE'~Y~'BARBOUR HEATHER A. BARBOUR, Plaintiff TERRY W. BARBOUR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _- : CIVIL ACTION - LAW : : NO. 02 - 657 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330t (C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. =3 -~ ~/-~0 ~ T BARBOU R HAROLD $. IRWIN~ II1~ ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF HEATHER A. BARBOUR~ Plaintiff TERRY W. BARBOUR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - 657 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divome: Irretrievable breakdown under S,.-.ction 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about February 8, 2002, defendant was served with a copy of the divorce complaint via certified mail, "restricted delivery", addressed to the defendant at 113 Pine Tree Drive, Newville, PA, 17241, certified mail receipt number 7000 1530 0002 4695 8310 (See Affidavit of Service filed on February 21,2002).. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff: December 18, 2002. By the defendant: March 24, 2003. (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (b)(2) Date of filing and service of the plaintiff's affidavit upon the defendant: N/A. Related claims pending: None Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A. (b) Date plaintiff's Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: December 18, 2002 Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: March 24~ H~ROLD S. IRWIN, I I~~ Attorney for Plaintiff ~ J IN THE cOUrt OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ pIENNA. Plaintiff Versus ... T~ ~.....~ARBO~R, .................. Defendant DECREE IN ~1;.~ 0 R C E,.T. 1.~/.~ . AND NOW .............................. 2003. ....it is ordered and decreed that HEATHER A. BARBOUR plaintiff, and TERRY W. BARBOUR defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which c, final order has not yet been entered; N/A /! Prothonotary