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HomeMy WebLinkAbout05-1823NANCY BARCLAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. ROBERT BARCLAY, Defendant NO. 2005 - /T,?J CIVIL TERM CIVIL ACTION - LAW 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 of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 NANCY BARCLAY. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. ROBERT BARCLAY, Defendant NO. 2005 - J, ,1 CIVIL TERM CIVIL ACTION - LAW DIVORCE COMPLAINT FOR DIVORCE UNDER SECTIONS 3301(c)3301 (d) or 3301(a)(6) OF THE DIVORCE CODE COUNT I - DIVORCE 1. Plaintiff is Nancy Barclay, an adult individual who currently resides at 2559 Mannsville Road, Elliotsburg, Pennsylvania 17024. 2. Defendant is Robert Barclay, an adult individual who currently resides at 58 Stonehouse Road, Carlisle, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4, Plaintiff and Defendant were married on August 18, 1990 in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. Plaintiff avers that the grounds on which the action is based are: a. Section 3301 (c) - the marriage is irretrievably broken. b. Section 33 01 (d) -the marriage is irretrievably broken and the parties are now living separate and apart. Once the parties have lived separate and apart for a period of two years, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two years and that the marriage is irretrievably broken, The parties have lived separate and apart since September 18, 2004. , c. Section 3301 (a)(6) - Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome, and that this action not collusive. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. COUNT II - EQUITABLE DISTRIBUTION 9. Paragraphs I through 8 are incorporated by reference hereto as fully as though the same were set forth at length. 10. Plaintiff and Defendant have acquired property and debts, both real and personal, during their marriage from August 18, 1990 to the present, all of which are "marital property" or "marital debts," 11. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property." WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debts of the parties. COUNT IV - COUNSEL FEE, COSTS AND EXPENSES 12. Paragraphs 1 through 11 are incorporated by reference hereto as fully as though the same were set forth at length. 13. Plaintiff has employed the Law Offices of LopezNeuharth LLP as counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 14. Plaintiff is in need of hiring various experts to appraise the parties marital assets and does not have the funds to pay the necessary and reasonable fees. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate and at final hearing to further award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. David Lopez, 9squir Law Offices of Lope euharth LLP 401 East Louther Street, Suite 101 Carlisle, PA 17013 (717) 258-9991 VERIFICATION I verify that the statements made in this Complaint 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. Nancy Barclay e-? d Cy G? ?r r l i_ G? Nancy Barclay, :IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY. V. :PENNSYLVANIA Robert Barclay, :No. 05-1823 CIVIL ACTION LAW DEFENDANT :Divorce Affidavit of Service 1, David Lopez, Esq. hereby state that on April 8, 2005, I mailed by First Class U.S. Mail and by Certified Mail, No.7004-2510-0003-5085-1278, Return Receipt Requested, Addressee Only, a copy of the Complaint in Divorce to Defendant, Robert Barclay at 58 Stonehouse Road, Carlisle, Pennsylvania 17013, the last known address of Defendant, which documents were received on April 13, 2005, as evidenced by the attached Return Receipt Card. Law Offices of Lopez157euharth LLP 401 East Louther Street. Suite 101 Carlisle, PA 17013 (717) 258-9991 ¦ Complete items 1, 2, and 3. Also complete A Sig Item 4 if Restricted Delivery is desired. X ¦ Print your name and address on the reverse so that we can return the card to you. B. Received by ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: J8 rS?ane.?o?se. Roaal e) PA 1-7L) 13 0 Agent C. UK- D. Is delNery address different from Rem 17 U Yes If YES, enter delivery address below: 0 No 3. Service Type f] certified Mall 0 Express mail 13 Regleteted O Rstum Receipt for Merchandise 4. Restricted DeMery? Oft Fee) 0 yes 2. Article Number R 7004 2510 0003 5085 1278 PS ortn , February 2004 Dam Uc Realm Receipt 102595Q2tk1510 EXHIBIT A S? nyi C to NANCY BARCLAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO, 2005-1823 CIVIL TERM ROBERT BARCLAY, CIVIL ACTION - LAW Defendant DIVORCE PRAECIPE TO ENTER APPEARANCE PLEASE enter my appearance as attorney of record on behalf of the Defendant, Robert Barclay, the above-captioned docket. Respectfully submitted by: /BRENDA COPPEJE/ Certified Legal Intern ROBET E. INS THOIV . PLACE LUCY OHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 -> `j .. --t ?;.; P4?? \)/00, el &164- I Plaintiff -A, Defendant hi The Court of Common Pleas of Cumberland County, Pennsylvania No. 0 -?2-3 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Consf do of this Connn0 that we will discharge the duties of our office . T4ig/na fidelity Signature Signfitxi ?Sc4V12 /-f?//vim A,& /J ? S,iL0i6eAx / Name . ( innan) Name Name cv????? Law Firm 26' E KING- S"T- Address Ci ity, Pf, 11 Law Firm ?x'e- Address //???? ?? J / F., l?!<? '1z" ' d city, zip / 70,76 Law Firm yiy6i,44, Sf Address city, zip ? 177 A d l c We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Arbitrator, dissents. (Inse nam applicable Date ofHearing: 12-1--0,?7- r . (Ch ' an Date of Award: Notice of Entry of Award Now, the d? day of DccmLgL- 20_0_S-- , at ;'()Z U , the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 2 70 '- By: Deputy _,. n ?? `:_? ?_ ?. ?? ?. ?j .? Nancy Barclay, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 05-1823 CIVIL TERM Robert Barclay, Defendant : IN DIVORCE PETITION FOR LEAVE TO WITHDRAW Petitioner, The Family Law Clinic, hereby petitions for leave to withdraw from further representation of Defendant Robert Barclay pursuant to Pa.R.P.C. 1.16(a) and Pa.R.C.P. 1012(b), and in support therefore avers the following: Robert Barclay retained the Family Law Clinic to represent him in divorce March 2005. On March 16, 2005, Mr. Barclay reviewed and signed a Representation Agreement, which set forth his obligation to "keep appointments with us, to respond to letters and telephone calls from us, and to appear at any hearings scheduled in this matter." 2. The above captioned matter was filed by Plaintiff Nancy Barclay on April 7, 2005. The Family Law Clinic filed a Praecipe to Enter Appearance in the above captioned matter on behalf of Robert Barclay on May 5, 2005. 3. Mr. Barclay has failed to fulfill his obligation to maintain contact with the Family Law Clinic. Mr. Barclay has not contacted the Family Law Clinic since October 4, 2006 despite letters from the Family Law Clinic mailed to him on October 19, 2006, November 17, 2006 and January 31, 2007, requesting that he do so. The January 31, 2007 letter expressly advised Mr. Barclay that the Family Law Clinic would withdrawal as his counsel in two weeks if he failed to contact the Clinic. 4. Currently, no hearings are pending in this matter. Therefore, withdrawal can be accomplished without any adverse effect to the interests of Mr. Barclay. 5. Pursuant to C.C.R.P. 208.2(d), the Family Law Clinic has sought the concurrence of opposing counsel, Aaron Neuharth. Mr. Neuharth does not oppose the withdrawal of the Family Law Clinic as Mr. Barclay's legal counsel. WHEREFORE, the Family Law Clinic respectfully requests leave to withdraw as legal counsel for Defendant Robert Barclay in the matter. Date: Respectfully Submitted, Suzanq? Sekutowski Certified Legal Intern THOMA M. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 CERTIFICATE OF SERVICE I, Suzanne Sekutowski, Certified Legal Intern, Family Law Clinic, hereby certify that I served a copy of these documents on Robert Barclay, at his last known address of 5 Big Spring Terrace, Newville, PA 17241 and on opposing counsel, Aaron Neuharth, Esq. at 401 East Louther Street, Suite 101, Carlisle, PA 17013, by regular, first class mail on April 13, 2007. Suza e Sekutowski Certified Legal Intern e Anne onald-Fox, Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Nancy Barclay, Plaintiff, V. Robert Barclay, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 05-1823 CIVIL TERM IN DIVORCE AMENDED PETITION FOR LEAVE TO WITHDRAW Petitioner, The Family Law Clinic, hereby petitions for leave to withdraw from further representation of Defendant Robert Barclay pursuant to Pa.R.P.C. 1.16(a) and Pa.R.C.P. 1012(b), and in support therefore avers the following: 1. Robert Barclay retained the Family Law Clinic to represent him in divorce March 2005. On March 16, 2005, Mr. Barclay reviewed and signed a Representation Agreement, which set forth his obligation to "keep appointments with us, to respond to letters and telephone calls from us, and to appear at any hearings scheduled in this matter." 2. The above captioned matter was filed by Plaintiff Nancy Barclay on April 7, 2005. The Family Law Clinic filed a Praecipe to Enter Appearance in the above captioned matter on behalf of Robert Barclay on May 5, 2005. 3. Mr. Barclay has failed to fulfill his obligation to maintain contact with the Family Law Clinic. Mr. Barclay has not contacted the Family Law Clinic since October 4, 2006 despite letters from the Family Law Clinic mailed to him on October 19, 2006, November 17, 2006 and January 31, 2007, requesting that he do so. The January 31, 2007 letter expressly advised Mr. Barclay that the Family Law Clinic would withdrawal as his counsel in two weeks if he failed to contact the Clinic. 4. Currently, no hearings are pending in this matter. Therefore, withdrawal can be accomplished without any adverse effect to the interests of Mr. Barclay. 5. There has been no prior judge involvement in this matter. 6. Pursuant to C.C.R.P. 208.2(d), the Family Law Clinic has sought the concurrence of opposing counsel, Aaron Neuharth. Mr. Neuharth does not oppose the withdrawal of the Family Law Clinic as Mr. Barclay's legal counsel. WHEREFORE, the Family Law Clinic respectfully requests leave to withdraw as legal counsel for Defendant Robert Barclay in the matter. Respectfully Submitted, ?- I t-? Date: Suzanne Sekutowski Certified Legal Intern THOSA. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 CERTIFICATE OF SERVICE I, Suzanne Sekutowski, Certified Legal Intern, Family Law Clinic, hereby certify that I served a copy of the Amended Petition for Leave to Withdraw and Rule to Show Cause on Robert Barclay, at his last known address of 5 Big Spring Terrace, Newville, PA 17241 and on opposing counsel, Aaron Neuharth, Esq. at PO Box 359, Chambersburg, PA 17201, by regular, first class mail on April 18, 2007. r. (ev Suz ekutowski Certified Legal Intern Lucy ?*S,?n-Walsh, Esq. Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 A APR 16 2007 Nancy Barclay, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 05-1823 CIVIL TERM Robert Barclay, Defendant : IN DIVORCE RULE TO SHOW CAUSE AND NOW, this 2?-' day of April, 2007, upon consideration of the Petition for Leave to Withdraw filed by the Family Law Clinic: (1) A rule is issued upon the defendant, Robert Barclay, to show cause why the Family Law Clinic should not be granted leave to withdraw as counsel of record; (2) Any party desiring to file an answer to the Petition for Leave to Withdraw must do so within (20) days of service of this Rule to Show Cause; (3) The Petition shall be decided under Pa. R.C.P. No. 206.7; (4) Notice of the entry of this Order shall be provided to all parties by the Family Law Clinic. H :g R £Z HdV LODZ A9ViGi,1OHJ108d 3Hl 30 3013- -C131l3 i Nancy Barclay, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-1823 CIVIL TERM Robert Barclay, Defendant : IN DIVORCE PETITION FOR TO MAKE RULE ABSOLUTE UNDER Pa.R.C.P. No. 206.7 AND NOW, comes petitioner, the Family Law Clinic, and petitions the Court as follows: 1. Petitioner, the Family Law Clinic, is counsel of record for the above named Defendant, Robert Barclay. 2. Petitioner filed a Petition for Leave to Withdraw in this matter on April 13, 2007. 3. Petitioner filed an Amended Petition for Leave to Withdraw in this matter on April 18, 2007. On April 23, 2007, this Court issued an Order of Court - Rule to Show Cause. A copy of the Amended Petition and Rule to Show Cause are attached hereto and incorporated herein by reference as Exhibit "A." 4. The April 23, 2007 Order of Court - Rule to Show Cause permitted Defendant, Robert Barclay, to object to the Family Law Clinic's request to withdraw as his counsel by filing an answer to the Petition within twenty (20) days after service of the Order upon him. 5. A true and correct copy of the Amended Petition for Leave to Withdraw was served upon Defendant, Robert Barclay, by first class mail, at his last known address on April 18, 2007. A true and correct copy of the Amended Petition was served upon counsel for the Plaintiff on the same date. 6. A true and correct copy of the Order of Court - Rule to Show Cause was served upon Defendant, Robert Barclay, by first class mail, postage prepaid, at his last known address on April 23, 2007. A true and correct copy of the Order of Court - Rule to Show Cause was served upon counsel for the Plaintiff on the same date. 7. More than twenty (20) days have passed since the Order of Court - Rule to Show Cause was served upon the Defendant and Plaintiffs counsel, and no response or objection has been filed. 4 _1% 8. Currently, no hearings are pending in this matter. Therefore, withdrawal can be accomplished without any adverse effect to the interests of Mr. Barclay. 9. There has been no prior judge involvement in this matter. 10. Pursuant to C.C.R.P. 208.2(d), the concurrence of opposing counsel, Aaron Neuharth, Esq., has been sought. Mr. Neuharth does not oppose the Family Law Clinic's withdrawal of representation of Robert Barclay. WHEREFORE, the Family Law Clinic requests this Court to enter an Order permitting it to withdraw as counsel for Robert Barclay in this matter. Da Respectfully, ChaCorwin Certified Legal Intern z THO . PLACE ROBER E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 VERIFICATION I verify that the statements made in the foregoing document 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. Rom (2a-d, Date Charla Corwin Certified Legal Intern Nancy Barclay, Plaintiff, V. Robert Barclay, Defendant nJ V co r? Petitioner, The Family Law Clinic, hereby petitions for leave to withdraw from further V fig] `t z _,. 7, -c representation of Defendant Robert Barclay pursuant to Pa.R.P.C. 1.16(a) and Pa.R.C.P. 1012(b), and in support therefore avers the following: 1. Robert Barclay retained the Family Law Clinic to represent him in divorce March 2005. On March 16, 2005, Mr. Barclay reviewed and signed a Representation Agreement, which set forth his obligation to "keep appointments with us, to respond to letters and telephone calls . from us, and to appear at any hearings scheduled in this matter." 2. The above captioned matter was filed by Plaintiff Nancy Barclay on April 7, 2005. The Family Law Clinic filed a Praecipe to Enter Appearance in the above captioned matter on behalf of Robert Barclay on May 5, 2005. 3. -Mr. Barclay has failed to fulfill his obligation to maintain contact with the Family Law Clinic. Mr. Barclay has not contacted the Family Law Clinic since October 4, 2006 despite letters from the Family Law Clinic mailed to him on October 19, 2006, November 17, 2006 and January 31, 2007, requesting that he do so. The January 31, 2007 letter expressly advised Mr. Barclay that the Family Law Clinic would withdrawal as his counsel in two weeks if he failed to : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA i? :NO. 05-1823 CIVIL TERM AMENDED PETITION FOR LEAVE TO WITHDRAW IN DIVORCE F contact the Clinic. 4. Currently, no hearings are pending in this matter. Therefore, withdrawal can be accomplished without any adverse effect to the interests of Mr. Barclay. 5. There has been no prior judge involvement in this matter. 6. Pursuant to C.C.R.P. 208.2(d), the Family Law Clinic has sought the concurrence of opposing counsel, Aaron Neuharth. Mr. Neuharth does not oppose the withdrawal of the Family Law Clinic as Mr. Barclay's legal counsel. WHEREFORE, the Family Law Clinic respectfully requests leave to withdraw as legal counsel for Defendant Robert Barclay in the matter. Date: ?J!L)67 Respectfully Submitted, ira • Suzanne .t4_ Sekutowski Certified Legal Intern ' f t THO S ' . PLACE ROB T E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 CERTIFICATE OF SERVICE I, Suzanne Sekutowski, Certified Legal Intern, Family Law Clinic, hereby certify that I served a copy of the Amended Petition for Leave to Withdraw and Rule to Show Cause on Robert Barclay, at his last known address of 5 Big Spring Terrace, Newville, PA 17241 and on opposing counsel, Aaron Neuharth, Esq. at PO Box 359, Chambersburg, PA 17201, by regular, first class mail on April 18, 2007. ?r S ekutowski Certified Legal Intern ucy (oOB,?&-Walsh, Esq. Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ? 4Q Nancy Barclay, Plaintiff V. Robert Barclay, Defendant r , APR 16 2007 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 05-1823 CIVIL TERM IN DIVORCE RULE TO SHOW CAUSE AND NOW, this 2?' day of April, 2007, upon consideration of the Petition for Leave to Withdraw filed by the Family Law Clinic: (1) A rule is issued upon the defendant, Robert Barclay, to show cause why the Family Law Clinic should not be granted leave to withdraw as counsel of record; (2) Any party desiring to file an answer to the Petition for Leave to Withdraw must do so within (20) days of service of this Rule to Show Cause; (3) The Petition shall be decided under Pa. R.C.P. No. 206.7; (4) Notice of the entry of this Order shall be provided to all parties by the Family Law Clinic. - r co ;: IV `ti F: \FILES\DATAFILE\General\Current\ 12611\1261 1. Lpra l Created: 9/20/04 0:06PM Revised: 5/16/07 1: 31 PM Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff NANCY BARCLAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-1823 CIVIL ACTION - LAW ROBERT BARCLAY, Defendant IN DIVORCE PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON LAW OFFICES on behalf of DEFENDANT in the above matter. MARTSON LAW OFFICES By Az--c- Thomas J. W' ams, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: May 16, 2007 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Aaron Neuharth, Esquire PO Box 359 Chambersburg, PA 17201 Charlotte Corwin, Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 MARTSON LAW OFFICES A IA i 4'? ncia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 16, 2007 CD ?t ?.4 Nancy Barclay, Plaintiff, V. Robert Barclay, Defendant MAY 8120D7? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 05-1823 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW, this Z/? day of --y'7)4, , 2007 upon consideration of the attached petition, it is hereby ordered that the Family Law Clinic is granted leave to withdraw from further representation of Robert Barclay in this matter. BY THE COURT: ;: ? ? 6NI ht its' ?+ ?i -o Nancy Barclay, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-1823 CIVILTERM Robert Barclay, : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE OF ELECTION TO RETAKE MAIDEN NAME Notice is hereby given that the Plaintiff in the above-captioned matter hereby elects to retake and hereafter use her previous name of Nancy Marie Cassell. COMMONWEALTH OF PENNSYLVANIA Nancy Mar' Barclay To be Known as: '1-?.azj,du ly7aAx_?e_, a2? Nancy Made- a e- Cassell SS COUNTY OF CUMBERLAND On this day of wAJ_.1 , 2007, before me, a Notary Public, personally appeared Nancy Marie Barclay, known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purposes therein contained. r?_' In witness whereof, I have hereunto set my COMMONWEACCH OF PENNSYLVANIA NOTARIAL SEAL DAWN M. CAREY, Notary Public Boro of Carlisle, Cumberland County My Commission Expires Nov. 28, 20101 official seal. Notary Public W 1 ?? Q ?r C? G --C F:\FILES\Genera1\Cu rent\12611\12611. Lconnot Created: 9/20/04 0:06PM Revised: 6/21/07 11:59AM Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant NANCY BARCLAY, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ROBERT BARCLAY, Defendant NO. 2005-1823 CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on April 7, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: 44-9 2 /42 / -6?? Robert L. Barclay, Defendant ? O __ GJ Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant NANCY BARCLAY, v. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-1823 : CIVIL ACTION - LAW ROBERT BARCLAY, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301(d) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division ofproperty, 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 waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: 4 /221&-2 Robert L. Barclay, Defendant C`) ev rn CA,) 619, 5'- /6a3 dai PROPERTY AND SEPARATION AGREEMENT THIS AGREEMENT made this day of , 2007, by and between Nancy Barclay, n/k/a Nancy M. Cassell (hereinafter referred to as "Wife") and Robert Barclay, (hereinafter referred to as "Husband"). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on August 18, 1990 in Cumberland County, Pennsylvania and desire to live separately and apart and hereto agree and covenant as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their marital property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each parry may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither parry shall interfere with the use, ownership, enjoyment or disposition of any property now owned and not specified herein'or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: (1) has had the opportunity to be represented by counsel of his or her choosing; (2) is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) enters into this Agreement knowingly and voluntarily after receiving the advice of counsel, or the opportunity to seek the advice of counsel; (4) has given careful and mature thought to the making of this Agreement; (5) has carefully read each provision of this Agreement; and (6) fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution, i.e. the date the last parry signs the agreement. 5. It is the purpose and intent of this Agreement are to settle forever and completely the interest and obligations of the parties in all property that they own separately, both before and after the termination of the marriage of the parties, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 3501, and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each parry further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each parry acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both parties during the marriage. 8. SUPPORT: Wife will not provide spousal support, alimony pendente lite, or alimony to Husband during the remainder of the marriage or at any time after the Divorce Decree is entered. Husband will not provide spousal support, alimony pendente lite , or alimony to Wife during the remainder of the marriage or at any time after the Divorce Decree is entered. The parties further intend for this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support, alimony penden a lite (APL), or alimony. Neither party shall be entitled to spousal support, APL, or alimony from the other. The parties agree not to file any actions for spousal support, APL, or alimony against the other after the execution of this agreement. The parties further agree to immediately terminate any actions for spousal support, APL, or alimony previously filed with an effective termination date as of the date of execution of this Agreement. 9. PERSONAL PROPERTY: The parties agree that the personal property shall be divided as follows: A. Husband shall retain ownership of the personal property that is currently in his possession, and Wife shall have no right to or interest in said personal property whatsoever. B. Wife shall retain ownership of the personal property that is currently in her possession, and Husband shall have no right to or interest in said personal property whatsoever. Wife hereby waives all right and title which she may have in any personal property of Husband. Husband likewise waives any interest which he has in the personal property of Wife. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to Wife or Husband with full power to Wife or Husband to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. 10. AUTOMOBILES: Husband agrees to waive any and all interest which he may have in Wife's 2004 Saturn. Wife shall be solely responsible for any and all costs relating to said vehicle, including but not limited to monthly payments, insurance payments, maintenance costs, and registration costs. Husband agrees to cooperate in ensuring that his name is taken off of the title to Wife's said motor vehicle as soon as may be practicable. Wife agrees to waive any and all interest which she may have in Husband's Oldsmobile Bravada. Husband shall be solely responsible for any and all costs relating to said vehicle, including but not limited to monthly payments, insurance payments, maintenance costs, and registration costs. Wife agrees to cooperate in ensuring that her name is taken off of the title to Husband's said motor vehicle as soon as may be practicable. 11. DEBTS & BANKRUPTCY: Each party will be responsible for its own debt incurred after the date of separation which the parties agree occurred on September 18, 2004. It is hereby understood and agreed by and between the parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy. Notwithstanding the foregoing, this Agreement shall not be deemed a reaffirmation of any debts discharged by Husband in Bankruptcy Case Number 07-00806 in the Middle District of Pennsylvania, whether or not Wife has a joint and/or several obligation for any such debt. 12. EMPLOYEE BENEFITS: The parties agree that any employee benefits of Wife or Husband including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. Husband waives all right, title and claim to Wife's employee benefits, and Wife waives all right, title and claim to any of Husband's employee benefits. 13. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent no-fault divorce pursuant to the terms of Section 3301 (c) or (d) of the Divorce Code of 1990. 14. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 15. AFTER-ACQUIRED PERSONAL PROPERTUREAL ESTATE: Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, and any real estate 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. 16. DEBTS: Expect as otherwise herein expressly provided, the parties shall and do hereby mutually remise, release and forever discharge each other from any and all actions, suits, debts, claims, demands and obligations whatsoever, both in law and in equity, which either of them ever had, now has, or may hereafter have against the other upon or by reason of any matter, cause or things up to the date of the execution of this Agreement. Each party agrees that neither will incur obligations, liens or liabilities on account of the other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account of the other. Additionally, each party agrees that he/she will be solely responsible for debts that he/she incurred after the date of separation. In the event that either party solely incurred or acquired a debt after the date of separation for which the other party is jointly obligated, the party that incurred or acquired the debt is solely responsible for repayment of said debt. 17. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that it has not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 18. SUMMARY OF EFFECT OF AGREEMENT: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendent elite, counsel fees, costs and expenses, equitable distribution or marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 19. RECONCILIATION: The parties shall only effect a legal reconciliation which supersedes this agreement by their signed agreement containing a specific statement that they have reconciled and that this agreement shall be null and void; otherwise, this agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal effect of this agreement or cause any new marital rights or obligations to accrue. 20. SEVERABILITY: The parties agree that the separate obligations in this Agreement shall be deemed to be interdependent. If any term, clause, or provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, then the parties agree that the Agreement may be reviewed and renegotiated in order to fulfill as closely as possible the purpose of the invalid provision. Notwithstanding any release contained herein, the parties intend that they may reinstate any and all economic claims to the extent available under the Divorce Code of 1990. Further, any court of competent jurisdiction may, under the equitable provisions and purposes of the Divorce Code, reinstate any economic claim which was available at the time of the parties' separation or avoid any waiver herein contained to renegotiate or effectuate as nearly as possible the purpose of the unenforceable provision. 21. 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 of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 22. AGREEMENT BINDING ON HEIRS: The Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 23. LAW OF PENNSYLVANIA APLICABLE: The Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 24. BANK ACCOUNTS: Husband agrees to waive all right, title and interest which he may have in the savings or checking or any other bank accounts of the Wife. Wife agrees to waive all interest which she has in the back accounts of Husband. The parties further agree that they will close any joint bank accounts and equally share the proceeds from any joint accounts within thirty (30) days from the date of execution of this agreement. 25. INCOME TAX RETURNS: The parties have heretofore filed joint federal, state and local income tax returns. The parties agree that if there is any liability due to any governmental entity or any entity whatsoever that arose from the joint filing of any of the parties' tax returns, the parties shall equally bear the cost of said liability. 26. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce as soon as practicable after this Agreement is executed. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 27. BREACH: If either parry breaches any provisions of this Agreement, the other parry shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 28. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 29. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel. The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel. Each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The parties further acknowledge that provisions of this Agreement are fully understood by both parties. 30. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 31. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 32. PAYMENT OF COSTS: The parties agree to pay for their own costs required to obtain and complete the divorce. 33. WAIVER OF CLAIMS AGAINST ESTATES: 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 laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. ?1{1rt ?N.... 4 V? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Z1444-17? a2 SEAL) Nancy Bar ay, n/k/a Nancy M. Cassell •r? (SEAL) Robert Barclay . SS: PERSONALLY APPEARED BEFORE ME, this day of 2007, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, Nancy Barclay, n/k/a Nancy M. Cassell, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COINAOINVIM TN of NN?yIVANiA NOTARIAL SAL DARCIE A. NEIL, Notary Public Borg of Carlisle Cumbehand County my Commission E?xpkes l?v. 24, 2009 WITNESSES: COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this a / day of /V UY?J? 2007, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, Robert Barclay, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. D", LMON EAL'H OF PENNSYLVAN IA Notarial Seal Publ? ly Brooks, Nom ? ?? Bwo, Cumberla miss'w~ Expires Aug 5, 2009 n of Notaries '"" Associatio Par.rtviti°t'i? Member, ra ca ?? ? ,,,v -r? ?; ?M.f ? ?'`'? ? .,..m Nancy Barclay, : IN THE COURT OF COMMON PLEAS OF N/K/A Nancy Cassell : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 05-1823 CIVILTERM Robert Barclay, : CIVIL ACTION - LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE 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 1 this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 11,C_o 14ancy Bar ay N/K/A Nancy Cassell r Mir- Cl) OD Nancy Barclay, : IN THE COURT OF COMMON PLEAS OF N/K/A Nancy Cassell : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 05-1823 CIVILTERM Robert Barclay, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301( c ) of the Divorce Code was filed on April 7. 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce. 4. I understand that I may rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities Date: -- ,? A0 /a Nancy Barcli(y N/K/A Nancy Cassell Ca Q co F?FILES\Clients\17611 Barclay\1'_611.1 connot Created: 9/70/04 0.06PM Revised: 12!'_807 10:21 1M Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant NANCY BARCLAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-1823 CIVIL ACTION - LAW ROBERT BARCLAY, ; Defendant 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 divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Via certified mail on April 13, 2005, Affidavit of Service as filed. 3. Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c) of the Divorce Code; December 10, 2007, by the Defendant; June 22, 2007. 4. Related claims pending: All claims have been resolved by a Property and Separation Agreement dated November 21, 2007, as filed. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: December 19, 2007. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: July 2, 2007. Date: December 28, 2007 MARTSON LAW OFFICES By ??/.- ,Vck Thomas J. Will ams, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant t ? ) 1 „ ,r =7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. NANCY BARCLAY n/k/a NANCY M. CASSELL NO. 2005-1823 VERSUS ROBERT BARCLAY DECREE IN DIVORCE AND NOW, -pcz.4...6v 3/ vs , Z06-7 , IT IS ORDERED AND DECREED THAT NANCY BARCLAY n/k/a NANCY M. CASSELL , PLAINTIFF, AND ROBERT BARCLAY 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 A FINAL ORDER HAS NOT YET BEEN ENTERED; A Property and Separation Agreement dated November 21. 2007, is hereby incorporated but not merged into this Decree. BY THE COURT: ATT PROTHONOTARY ' ? ?-Q to CQ, I£= ?l