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Home My WebLink About04-6395 JOHN J BARRICK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. : NO. 04 - /.e,]9~ C/U'l L ~82-~ TERESA K BARRICK, Defendant. CIVIL ACTION - LA W IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request counseling. A list of marriage counselors is available in the Office of the Prothonotary, at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS' 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 OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 JOHN J BARRICK, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. (J1..f - 10 67'S GuL T~ v. TERESA BARRICK, Defendant. CIVIL ACTION- DIVORCE COMPLAINT UNDER SECTION 3301 (C) OF THE DIVORCE CODE COUNT I 1. Plaintiff is John J Barrick, who currently resides at 16 Hosfeld Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Teresa Barrick, who currently resides at 16 Hosfeld Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 4, 1989 in Carlisle, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the Parties. 6. The marriage is irretrievably broken. 7. Neither Party is a member of the Armed Forces of the United States or any of its allies. 8. The Plaintiff has been advised ofthe availability of counseling and that either Party may compel the other by Order of Court to attend counseling sessions. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter a Decree in Divorce under Section 3301(c) ofthe Divorce Code. COUNT II--EQUIT ABLE DISTRIBUTION 9. The Plaintiff incorporates by reference Paragraphs 1 through 8 of the Complaint for Divorce as fully set forth herein. 10. During the marriage, Plaintiff and Defendant have acquired various items of marital property, which are subject to equitable distribution under Section 3502 ofthe Pennsylvania Divorce Code of 1980, as will be fully set forth in the Plaintiffs Inventory and Appraisement to be filed pursuant to the Pennsylvania Rules of Civil Procedure. 11. Plaintiff and Defendant have been unable to agree as to an equitable division of marital property. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property. COUNT III--CUSTODY 12. The Plaintiff incorporates by reference Paragraphs 1 through 11 of the Complaint for Divorce as fully set forth herein. 13. There two (2) children born during this marriage, to wit: Brandon J Barrick and Austin J Barrick born December 27, 1997. 14. The children have resided with the following persons and at the following address in the past five (5) years: Person( s) Address Dates John and Teresa Barrick Hosfeld Road, Carlisle, P A Birth to present 15. The Court of Common Pleas of Cumberland County, Pennsylvania, Family Division, has the sole and exclusive jurisdiction in this matter, pursuant to the Uniform Child Custody Jurisdiction Act for the following reasons: a. Cumberland County, Pennsylvania, has been the children's home county for the six (6) months preceding the commencement of the instant proceedings. b. It is in the best interest and welfare of the children that the Court of Common Pleas of Cumberland County, Pennsylvania, assume jurisdiction because the children have a significant connection with this jurisdiction, and there is available in this jurisdiction substantial evidence concerning the children's present or future care, protection, training and personal relationships. c. No other state has jurisdiction in this matter under the requirements of the Uniform Child Custody Jurisdiction Act and the Commonwealth Child Custody Jurisdiction Act. 16. The Plaintiff has not participated in any capacity whatsoever in any other litigation concerning the custody of the minor children in this or any other state. 17. The Plaintiff does not know of any other person other than the Defendant herein who claims to have custody or partial custody rights with the minor children. 18. The Plaintiff submits that it is in the best interests and welfare ofthe minor children that she be granted primary physical custody of the minor children, subject to Defendant's periods of custody. . WHEREFORE, Plaintiff prays that this Honorable Court grant custody of the minor children of the Parties to Plaintiff. Respectfully submitted, ROBINSON & GERALDO Date: , Z,{1/ Of By: Gerald S. Robinson, Esquire Attorney J.D. #27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 Attorney for Plaintiff VERIFICATION 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 unsworn falsification to authorities. JO~k , -" ~ " ( ~ D ~ '6g. iU~ ~ -- 6' 90 ...0 tl k C) C) D ~ C7 0 D "l fj'- I 0 C> D -.....? I I (:)~~ ; ~~ ~~ ,.. , -, f' , d 'oJ , , " , ,> I I ~ r _ c-, , 'of !, , , I ; 1 , (-) -r; i r" J -- r "- , , , c , - " ~, ,") f' ) .. "1, r,,~ '-, --.J Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN J BARRICK, v : NO. 04-6395 TERESA BARRICK, Defendant, : CIVIL ACTION-DIVORCE PROOF OF SERVICE The undersigned makes the following return of service: the Complaint in Divorce was served upon Teresa Barrick, the Defendant, on December 29,2004 at 16 Hosfeld Road, Carlisle, Cumberland County, Pennsylvania. The signed acceptance of service is attached herto as Exhibit 1. SIGNATURE AND AFFIDAVIT I, Gerald S. Robinson, Esquire, certify that I am a comp1etent adult not a party to this action. I verify that the statements made in this affidavit and return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsfication to authorities. Respectfully submitted, Dated: December 30, 2004 ROBINSON & GERALDO By,;L?12~~ Gerald S. Robinson, Esquire ~'. Attorney J.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PeIIDsylvania 17110-5320 (717) 232-8525 Attorney for Plaintiff . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ~ ~~Agent f'! ~ Addressee D, Is delivety address different from item 1? 0 Yes If YES, enter delivety address below: 0 No ;::;reslt :I 73arf"'d. jiP ~Id fk1 Co.-r/iU/e, !?r /70/.3 3. ~ice Type ~ ~ertified Mail 0 Express Mail o Registered p(Retum Receipt for Merchandise o Insured Mail 0 C.O.D. 4. IleetrIcled De~ j&frlt Fee] )( ..,.. 2. ' 7001 1940 0004 1686 6287 PS Form 3811, March 2001 Domestic Return Receipt 102595,01,M,1424 (") c !;: '"Oca nlrTj ;;; '"! 1 7;;:-'~ (/") ~) ;::;1::; ~~(--) ..c:-.: t.-', :PC -7 ~ ".1 ~'~~..J ~~:::> ....,.., (- C', Tl --I :1': '>1 f11 i':"7 -~1 !J..~ :'~~ '~(i -..1 f \ - --) " ~- .... .. ,~i~ ;~r? ,>" i;'r1 ~ I (...) --~:1 1',-) (,'1 (y, :J ~< JOHN 1. BARRICK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-6395 ClVIL TERM TERESA K. BARRICK, Defendant. : CIVIL ACTION - LAW : DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(C) of the Divorce Code was filed on December 21,2004. 2, The marriage between Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a Final Decree of Divorce, 4. I understand that I may lose the rights concerning Alimony, Division of Property, Lawyer's fees or Expenses if! do not claim them before a Divorce is granted. I verify that the statements made in the Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 P A,C.S. S4904 relating to unsworn falsification to authorities. JoJb r Date: 6- J y. - 0 5" --- (') ~ as}:;~; ...:- zoo ~):7 ~C j:'-"> ....... ii ~~~~ L~ Z =<i ...., = = <J> <- (= r- , U1 o -n ~.." rn- r- -om :00 () J. ~_ICJ :J~:r' LJuJ .>:: ff{ o ~ ~':1 .< -0 :n: w = 0' JOHN J. BARRICK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-6395 CIVIL TERM TERESA K, BARRICK, Defendant. : CIVIL ACTION - LAW : DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(C) of the Divorce Code was filed on December 21,2004. 2, The marriage between Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a Final Decree of Divorce. 4. I understand that 1 may lose the rights concerning Alimony, Division of Property, Lawyer's fees or Expenses if! do not claim them before a Divorce is granted, I verifY that the statements made in the Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 P A.C.S, ~4904 relating to unsworn falsification to authorities. Date: Vii) q ) () 6 jon~~)~~ Teresa K. Barrick (') ~ {I1i~~: -.~,. r~ t;;::, ,(c C 2: :::< "-> = = en c..... c- o' I U1 ~ :i! rn:!J ,- -nn' :;;.iO '::)1.. cc;O, -I...1..>if O:D ZC) Om .);! ~J:J --< ""0 :JI:: ~ o -.J JOHN 1. BARRICK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-6395 CIVIL TERM TERESA K. BARRICK, Defendant. : CIVIL ACTION - LAW : DIVORCE WAIVER OF COUNSELING 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 Domestic Relations 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 by the Court. I verifY that the statements made in the Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA.C.S. g4904 relating to unsworn falsification to authorities. Date: 0- Jt1-0C; JOhn1rl~ck ---- ,J r-- ., ~ ~~r. }> r ~g ~ ...., = = "-" "--- c= 0- J CJl -0 :J:: ~ '4 I In::!J -Or-;. i3'? :,-tC) _T"T. (_~" :;:Q Cylil ;J;! CD -< ~ o -.J JOHN J. BARRICK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA v. : NO. 04-6395 CIVIL TERM TERESA K. BARRICK, Defendant. : CIVIL ACTION - LAW : DIVORCE WAIVER OF COUNSELING 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 Domestic Relations 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 1 participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in the Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA.C,S. g4904 relating to unsworn falsification to authorities. Date: l?)}qJOb )~~{A- i::-'Z~J-'~ Teresa K. Barrick o C <:"' "'TJ -;:,':'; n-\}'" '-7'-'-- :7~ ,-':- (n> ...,,".', [::::. );: '"""7"':- s..~~:;CI ?; -< "-' = = "" '- c: r t U1 -0 :x €.:? Cl -.J o " :r.--n fn- .- -om ~.O ~O .L --JO , -.i 1'5-r'\ :7t5 om -! 55 .< JOHN J. BARRICK, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-6395 CIVIL TERM TERESA K. BARRICK, Defendant. : CIVIL ACTION - LAW : DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE l. 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! 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 the Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 p A.C.S. ~4904 relating to unsworn falsification to authorities. Date: 6-JL-(-O~ ~~- Jobb JBarrick () ~ ;~gtr' ;g;~';::, ~~. S;~j :3 -, ", = = "" <- c: r- I U'I ." :I: ~ o -.J o -., '-I ::J:'T) rn~ -ohl ~36 ...,jt., 0;0 -"'...) C3rf1 b! :iJ .< JOHN J, BARRICK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-6395 CIVIL TERM TERESA K. BARRICK, Defendant. : CIVIL ACTION - LAW : DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(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! 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 the Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 P A.C.S, 94904 relating to unsworn falsification to authorities. Date: ~ / ) OJ / CJf; j,Q 1((?/JO-../7'i(J)O-..-A..AJ....k Teresa K. Barrick o c ~;:>t' ---,.. , (;5) ~f ~8 :~ -< "'-, = = "" c... c r- I (,11 -0 ::JJ: 0:> <::> -' o .1 s:! rn-" -0 hi -U6 b .-.--1 ~ ;:J:::n 0- --0 (jrtl ;;! :0 -< c DIVORCE SETTLEMENT AGREEMENT THIS DIVORCE SETTLEMENT AGREEMENT, made this d~ y day of June, 2005, by and between John J. Barrick, (hereinafter "Husband"), and Teresa K. Barrick, (hereinafter "Wife"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on June 4, 1989, in Carlisle, Pennsylvania; and WHEREAS, differences have arisen between HUSBAND and WIFE, the consequence of which they intend to live separate and apart from each other; and WHEREAS, HUSBAND and WIFE desire to settle and determine their property rights and obligations growing out of their marital relationship; NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, agree as follows: 1. SeDaration. The parties are currently and have been living separate and apart since February 2005, and will not cohabitate with each other, It shall be lawful for each party at all times hereafter to live separate and apart from each other at such a place or places as he or she may from time to time choose or deem fit. 2. Interference. From the date of signing this Agreement, each party shall be free from interference, authority and control of the other, as fully as if he or she were single or unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or compel the other to cohabitate with the other or in any way harass or malign the other, or in any other way interfere with their peaceful existence, separate and apart from the other. t 3, Mutual Release. Subject to the provisions contained in this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, forever release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except a cause or causes of action for divorce or all causes of action for breach of any provisions of this Agreement. Further each party, subject to the provisions of this Agreement, releases and forever discharges the other from any and all claims one may have against the other arising out of this matrimonial action, including, but not limited to alimony, alimony pendente lite, spousal support, equitable distribution, counsel fees, costs and expenses. 4. Waiver of Claims Al!:ainst the Estate. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future law of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dowry, courtesy, statutory allowance, widow's allowance, homestead rights, right to equitable distribution, rights to take in intestacy, right to elect against the will of the other, and right to act as administrator or executor of the other's estate, Each party will, at the request of the other, execute, acknowledge and deliver any and all instruments that may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 2 5. Division of Real ProDertv: HUSBAND and WIFE are joint owners of the property located at l6 Hosfeld Road, Carlisle, Cumberland County, Pennsylvania, The parties agree that HUSBAND shall retain ownership of said property. WIFE agrees to execute, acknowledge and deliver any and all instruments that may be necessary or advisable to carry into effect this transfer and relinquishment of all such interests, rights and claims. Upon transfer, HUSBAND shall hold WIFE harmless from any liability, cost or expense, including attorneys' fees, which is incurred in connection with the interests and/or assets referred to in this Paragraph. 6. Division of Personal ProDertv. Except as set forth herein, each of the parties hereto has divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital personal property, including household furnishings, automobiles and other similar property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. The property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement, and in the case of intangible personal property, if any physical or written evidence of ownership, such as a passbook, check book, policy or certificate of insurance or other similar writing is in the possession or control of the party. 3 The titles to the said motor vehicles shall be executed by the parties, if appropriate, for effecting the transfer as herein provided, on the date of execution of this Agreement if the title is in the possession of one or the other party. In the event that either or all of the documents of title to the said vehicles shall be in the hands of a bank or other holder of the lien or encumbrance upon said vehicle, the parties agree to advise such bank or holder as to the transfer of title set forth herein and they further agree to execute whatever documents may be required to transfer title or said document of title as in the hands of such bank or holder. 7, Additional Instruments. Each of the parties shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary on insurance policies, tax returns and other documents and do or cause to be done any other act or thing that may be necessary of desirable to effectuate the provisions and purposes of this Agreement. If either party fails, on demand, to comply with this provision, that party shall pay to the other, all attorney's fees, costs and other expenses reasonably incurred as a result of such failure. 8. Debts and Liabilities. HUSBAND and WIFE hereby represent and warrant to the other that he or she has not incurred any debts or liabilities or made any contracts for which the other or his or her estate may be liable, except as stated in this Agreement. If either party has incurred an individual obligation during the term of the marriage, that party shall be responsible to discharge said obligation and hereby agrees to indemniJy and save the other spouse harmless on account of said obligation. 4 HUSBAND and WIFE acknowledge that the following marital and non-marital debts shall be allotted to the parties as follows: a. Cornerstone Visa: The parties hereto currently owe approximately $2,715.00, WlFE shall assume such debt in full and shall hold HUSBAND harmless with regard to re-payment and liability, b. Cornerstone Loan: The parties hereto currently owe approximately $9,004.00. WIFE shall assume such debt in full and shall hold HUSBAND harmless with regard to re-payment and liability. c, Members 1 st Visa: The parties hereto currently owe approximately $4,800.00. HUSBAND shall assume such debt in full and shall hold WIFE harmless with regard to re-payment and liability. d. Capital One Loan: The parties hereto currently owe approximately $19,44 I ,00. HUSBAND shall assume such debt in full and shall hold WIFE harmless with regard to re-payment and liability. 9. Warranty as to Future Obli2ations. HUSBAND and WIFE each covenant, warrant, represent and agree that with the exception of the obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the date of execution of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 5 10. After Acquired Personal ProDertv. Each of the parties hereto shall hereafter own and enjoy, independent of any claims or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, 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, 11. ReDresentation bv Counsel. This Agreement has been prepared by Kirstin M. Sweigard, Esquire, Attorney for HUSBAND. Kirstin M. Sweigard, Esquire has not represented WIFE in any respect to the negotiation and preparation of this Agreement. WIFE acknowledges and understands that she is entitled to legal representation, however, has declined that right. WIFE acknowledges that she has reviewed the terms and conditions contained in this Agreement and has signed the same voluntarily with full knowledge and understanding of the provisions set forth herein. This Agreement shall be interpreted fairly and simply, and not strictly for or against either of the parties. 12. Mutual Consent Divorce. The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both have signed consents to the entry of a decree in divorce pursuant to Section 3301(c) Of the Pennsylvania Divorce Code, Act 26 of 1980, as may be amended (hereinafter referred to as the Code). HUSBAND has filed a No-Fault Divorce action in Cumberland County at Docket No. 04-6395 at his sole cost and expense, and both parties agree at the appropriate time to execute such consents, affidavits and other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said Section 3301C of the 6 Code. All parties agree to make any necessary corrections to any documents to finalize the divorce. 13. Effect ofthe divorce Decree. The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. It is the intent ofthe parties hereto that this Agreement shall create contractual rights and obligations as well as becoming incorporated into the Court Order and that this Agreement may be enforced by contract remedies in addition to any other remedies which may be available pursuant to the terms of this Agreement or otherwise under the Pennsylvania divorce laws. 14. Bank Accounts. Certificates. Stocks. Insurance Policies. and other Each party shall be and remain the sole owner of any other asset in his or Assets. her control not specifically covered by other provisions in this Agreement. Should it become necessary, each party agrees to sign any other titles or documents necessary to give effect to this section upon request of the other party, l5. PensionJ401l(K). HUSBAND and WIFE each possess their own individual retirement accounts subject to equitable distribution, HUSBAND and WIFE hereby agree that each party shall retain their respective accounts and both parties waive all rights to any claim to the other parties' pension and/or 401(K). 16. Support/Alimony. HUSBAND and WIFE agree to waive all rights to any claim for Supprt and/or Alimony. 17. Child Custody and Support: The parties hereto have two children, Brandon J. Barrick and Austin J, Barrick, The parties hereby agree that they shall equally 7 share legal and physical custody of the children, i.e, HUSBAND shall have custody for one complete week which shall be followed by one week of custody by WIFE. All arrangements for holidays, birthdays and vacations shall be by agreement of the parties. The parties further agree that HUSBAND shall pay WIFE the sum of$I50.00 every other week as support for the children. This child support agreement shall be modifiable by either party through the local domestic relations office. 18. Breach. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, The party breaching this agreement shall be responsible for the payment of all legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her, 19. Modification and Waiver. Modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, 20. Severability. If any provision of this agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 21. Descriptive Headinl!s. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties, 22. Successors and Assilms. This Agreement, except as otherwise expressly provided herein, shall be binding upon and shall inure to the benefit of the 8 respective legatees, devisees, heirs, executors, administrators, assigns and successors in interest of the parties. 23. Governinl!: Law. This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, 24. Entire Al!:reement. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above-written. WITNESS: (Jrr (( f}- ~~.. By: Iff / John J. Barrick JJ}U,{J OJ ~.i2)(JN\)./'~ By: Teresa K. Barrick 9 COMMONWEALTH OF PENNSYLVANIA COUNTY OF PA Curnb.t' laJ\C'~ On this, the J q~ h day of JU ~ , 2005, before me the undersigned officer, personally appeared John J. Barrick, known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument and acknowledge that she executed the same for the purposes therein contained. : ss: IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Seal Carla A. Feuchtenberger. Notary Public South Middletown T wp, Cumberland County My Commission Expires July 20, 2006 Member. Pennsylvania Association Of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTYOF PA Cu N'\~)- \ Q,f)CA On this, the J Q+ In day of 'JtlJl.R... , 2005, before me the undersigned officer, personally appeared Teresa K. Barrick, known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument and acknowledge that she executed the same for the purposes therein contained. : ss: IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ Notari8I SllIlI Carla Pc FeuchIllIlbef\III. NalaIy PublIc South Middlelown TWJ>, CI.IIIIlellIMCcunly My Commission EllJllt8SJo.lyllO, llOOlI Member, Pemsytvania_Of_ lO .;:~~,' (-') J..:;.,-". ~-,. -, o r; "-> c--> c,~ c.,., <- c:; r- I (fI ..,., :r w C') -. -T) ,..,,-, -< o "'"f', :I! rt1frl -om 'l?? ~;:-jS::) (~) :i:i >.(") 2scn -:;j .'".0 -< JOHN J. BARRICK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-6395 CIVIL TERM TERESA K. BARRICK, Defendant. : CIVIL ACTION - LAW : 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 Divorce: Irretrievable breakdown under g3301(c), 2. Date and Manner of service of the complaint: Service was made by certified mail and accepted on January 3, 2005. 3. Date of execution of the affidavit of consent required by g3301(c) of the Divorce Code: by plaintiff: June 24, 2005 by defendant: June 19, 2005 4. Related claims pending: None 5. Date plainitff's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: June 30,2005. Date defendant's Waiver of Notice in g3301(c) Divorce was filed with the Prothonotary: June 30, 2005. Respectfully Submitted, Date: II~/;,) I '-1'~ 6r~ -/l1v:{;OD:fA v( Kirstin M, Sweigard, EsqUire Supreme Court ID# 83801 P.O. Box 1168 Camp Hill, PA 17001 (717) 932-4646 Fax: (7l7) 932-3577 Attorney for Plaintiff (') f; ~-:i.~:'" _.<,-, ;>;:1" U)' -< r~- ~<: ~t: ~ . '" = = c.n <- c: r- I U1 ~ :I' rn::rJ -Or:;:; :r:JQ ~~(~ ~:?~ otn -I ;e- _D .< -0 :::: ':-? o -J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . John 1. Barrick . . . . . . . . VERSUS Teresa K. Barrick AND NOW, DECREED THAT . . . :+. :+;:+;:+;;t: . . :+. :+; ~~ :+; :+.:+;~ :+; :+;~:+; ~ . OF CUMBERLAND COUNTY STATE OF PENNA. IN THE COURT OF COMMON PLEAS No. {j4 6395Ci'/il Teu.l DECREE IN DIVORCE ~~ b ~..> John J, Barrick AND Teresa K. Barrick ARE DIVORCED FROM THE BONDS OF MATRIMONY. , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECO.RPt ~~S ACTION FOR YET BEEN ENTERED; "'-kY\J..( WHICH A FINAL ORDER HAS NOT The Divorce Settlement Agreement dated June 24, 2005, is incorporated but not merged into this Decree, ,~ . - , -. , , " , , ... , ,. " -,,---, ./ , . .:.......h...-....:, :,.. ~...:'~ ,,\:.'::. -- .- .. Of' Of:+: OI':I;;+; ;to;!;;+; ;f. :f. Of'!;;,:;:+; '" . .. .. ;t;:+"':f'f. J. PRofHONOTARY . . 'f'f.'f.;f.:f.:f.:f. Of . .. 'f;f.ot';f.:+.+. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' . h J2 ~ w ~j{., 5(7' /1 L. ~ 'P- r 4.; -;:V so' II L. . " ( . .,