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Home My WebLink About05-2297 .. LARRY C. BARRICK, JR., Plaintiff, : IN THE COURT OF COMMON PLEA OF : CUMBERLAND COUNTY, PENNSYL ANIA v. CIVIL ACTION - LAW 2004 -;J.q 7 CIVIL TERM IN DIVORCE TONYA D. BARRICK, Defendant. NOTICE You have been sued in court. If you wish to defend against the claims set fort in the following pages, you must take prompt action. You are warned that if you fail to do so, he 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 requ sted 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 m rriage, you may request marriage counseling. A list of marriage counselors is available in the "[ice of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROP RTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULME T IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. I YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEP ONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET EGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to cumply with the Americ ns with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations av 'Iable 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 confe ence or hearing. ~ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL ANIA LARRY C. BARRICK, JR., Plaintiff, v. CIVIL ACTION - LAW TONY A D. BARRICK, Defendant. 2005- dJ..17 CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301(a)(6) AND 3301(c) OF THE DIVORCE CODE COUNT I - Section 3301(a)(6) AND NOW, comes the Plaintiff, Larry C. Barrick, Jr., by and through his attorn ys, Irwin, & McKnight, and files this Complaint in Divorce against the Defendant, Tonya . Barrick, representing as follows: 1. The Plaintiff is Larry C. Barrick, Jr., an adult individual residing at 12 M rshall Drive, Apartment 1-18, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Tonya D. Barrick, an adult individual currently residing a 16-B Glenwood Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The Plaintiff and Defendant have been residents of the Commonwea th of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on April 4, 1992 in Cumb rland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the p ties. 6. Pursuant to the Divorce Code, Sections 3301(a)6, the Plaintiff avers a the grounds upon which this action is based that the Plaintiff is the injured spouse and tho the Defendant has offered such indignities to him as to render his condition intolerable an life burdensome. .. 7. The Plaintiff avers that he has been advised of the availability of counsel,ng and that said party has the right to request that the court require the parties to partici ate in counseling. WHEREFORE, the Plaintiff demands judgment a. Dissolving the marriage between the two parties; and b. for such further relief as your Honorable Court may deem equitable and just. COUNT 11- Section 3301(c) 8. The averments of Paragraphs One through Six are incorporated herein by reference as though fully set forth below. 9. Plaintiff avers as the grounds upon which the Action in Divorce is based is that the marriage of the parties is irretrievably broken. WHEREFORE, the Plaintiff respectfully requests judgment a. Dissolving the marriage between the two parties; and b. for such further relief as your Honorable Court may deem equitable and just. Respectfully submitted, IRWIN & McKNIGHT By: M cKnight, III, Esquire S rt I.D. No. 25476 6 omfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Date: May 3, 2005 .. VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in th s document and they are true and correct to the best of my knowledge, information and beli . I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. S ction 4904, relating to unsworn falsification to authorities. ~ ~/ -~<7' y-i~RY C. BMtR ,JR. L -;> - Date: J <-.:) - O~ v. : IN THE COURT OF COMMON PLE~~ OF : CUMBERLAND COUNTY, PENNSYL~ANIA I CIVIL ACTION - LAW \ 2004 - CIVIL TERM I IN DIVORCE LARRY C. BARRICK, JR., Plaintiff, TONY A D. BARRICK, Defendant. PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: I. I have been advised of the availability of marriage counseling and understand th t 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 t at false statements herein made are subject to the penalties of 18 Pa, C.S. Section 4904 relating to unsworn falsification to authorities. Date: 5:3'0':;- <: C. BARRIC Plaintiff (7;)? ',-.-,-' '~~ '\-:. J'. ' <::::>0 ~ o ----.. o ~ s- ~ V ? ~ ~ v ~ ( -" ,....$ ,"''''-' "; C) ~ 0 <;;c. ...::~) -n ~" .--\ :.:..~ -_'C -<'\ ~':,,," pIe:. -" \ 7;~) .:- -0 -:;:- ;,~ , (~) ::::.: ;J'(\ \';'? ~_......, , ( --", ~')- c.) -;~; ;..:. -- 0" - ------- LARRY C. BARRICK, JR., Plaintiff : IN THE COURT OF COMMON PLEA OF : CUMBERLAND COUNTY, PENNSYL ANIA v. CIVIL ACTION - LAW (J5, ).:1.47 CIVIL TERM TONY A D. BARRICK, Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Larry C. Barrick, Jr., by her attorneys, Will & McKnight, and presents the following Complaint for Custody. 1. The Plaintiff, Larry C. Barrick, Jr., is an adult individual with an address of 12 M rshall Drive, Apartment I-18, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant, Tonya D. Barrick, is an adult individual with an address of 16-B Glenwood Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The parties are the natural parents of one (1) child, namely, Ireland K. Barrick, b rn July 9, 1993. 4. The Plaintiff desires that the parties have shared legal custody of the minor child, eland K. Barrick. 5. The Plaintiff desires primary physical custody of the minor child, Ireland K. Barric , with periods of temporary physical custody to Defendant as the parties can agree. 6. The best interests and permanent welfare of the minor child requires that the Court rant the Plaintiff's request as set forth above. WHEREFORE, the Plaintiff, Larry C. Barrick, Jr., respectfully requests that he be awarded primary physical custody and shared legal custody of Ireland K. Barrick, as pr vided herein, with periods of temporary physical custody to Defendant as provided herein. Respectfully submitted, By: Date: May 3, 2005 VERIFICATION The foregoing Complaint for Custody is based upon information which has been athered by counsel and myself in the preparation of this action. I have read the statements mad in this document and they are true and correct to the best of my knowledge, information and elief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ~c~ p C. BARRI~R. Date: May 3, 2005 ~ "...,.".. ) ":---'~-- '-. ~ c.N ~ '1-" ~ ~~ c--. ~cf (::). .--J. ----. " c:--.., c; n ,- ,..., c-"' = oJ' , L. -,"' ..,'t', ("'-" -..:,'-- "" \.,....- \ ,,-.~ " ~ _.'-~ >" -< o ." -\ ::1: 11 P'lE -\I''':'' ::',e:? '"~"--!(f). ,--1\ '''?~~ ..,.,. '_o'>:'J ,< t ",- -n _:~~ r;;) .r:"" LARRY C. BARRICK, JR., Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW f)XJ'J -t28.9t 2e@ot- CIVIL TERM TONYA D. BARRICK, Defendant. IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(i) COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND NOW, Marcus A. McKnight, 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 captioned action in divorce. 2. That a certified copy of the Complaint in Divorce was served upon the defendant, Tonya D. Barrick, on May 5, 2005, by certified, restricted delivery mail, addressed to her at 16-B Glenwood Drive, Camp Hill, Pennsylvania 17011, with Return Receipt Number 7003 3 110 0004 5770 5292. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. 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 f 18 Pa. . S. ~tion 4904, relating to unsworn falsification to authorities. It?!. L., ~ HT, III, ESQUIRE Date: May 9,2005 D .-4 .-4 fT1 ~ J:.? t 3:~ ~~ ',~~{~ t;~ ,,~ (::-J ~ , ~qLff.l~~\: >=' II Y'! 1/ I :11'; ,,' ~ fT1 ~ ~~Ni~~!l~i~-"-"---- g ...-..i7i-------\ +1____ "'-"--JIIiI:l;L--l'A"17011"""---'" In --......---.---.. __~_m ~. ............. Postage $ nJ rr nJ Ul D ["- ["- Ul CertifIed Fee no ;r D Cl Retum AecJept Fee o (Endorsement Required) d OeJlvery Fee merrtRe u1red) \,75 Total Postage & Fees $ "c,SD ,<,,, ~o I PS f"orm 380U June 2:002 See Reverse for Instructions . Complete Items 1. 2, and 3.AIoO compIeIe Item 4 K RestrIcted DelIve1y Is deslred. . Print your name and eddr8ss on the revenl& so that we can AllUm the card 10 you. . Attach this card to the beck of the mallp[ece, or on the front w space pemllts. 1. Arllele Addressed to: 0, Dele of Delivery U--s-- 0,,"" D.lodllwory__frcmlleml? eYes WYES,""" doIIwIIy__ e No MS TOIIYA D IWlR.ICK I6-B GLEWOOD DlUVE CAMP HILL PA HOB a_~ Jj 0erIltI0d" OR JiB 4d e~Mon . _ floGoIpt'" ,....- , Rooblcled'DeIIWIry'/ (E)dnI Fee) 1:1"'" 2. Arltcle Numl>er (118noYoI'--~ . PS Form 3811, February 2004 7003 3110 0004 5770 5292 __lliiolIlpl 1_164Oj ------- (:' i-') c -~?" '(.)':" () ...' --. ,-0 ~~;,? -- -' - LARRY C. BARRICK, JR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-2297 CIVIL ACTION LAW TONY A D. BARRICK DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, . Wednesday, May 11,2005 ..___' upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq, at 4th Floor, Cumberland County Courthouse, Carlisle.. on Thursday, Ju~e02, 2005 , the conciliator, 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 jive or older may also be present at the conference. Failure to appear at the conference may provide grounds thr 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/ Hubert X Gilrov, Esq. Custody Conciliator .:Y 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 hefilre 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 TELEPHONEfHE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedjhrd Street Carlisle, Pennsylvania 17013 Telephone (7 I 7) 249-3 166 -~ <4-7~# ~ ~ ,7,,- - -- ,(' . Y' " .' '(7 ~ 77"d',7 Yv ,c/. .!:' ~ Z /tT"b"1/ T~&; Ju [II ~71l/ fr{:l/! ~~ -N,p;1 -,I-~:p ;>J U ,5' I' '-.,"" j'" . :,-! c.: D :2: '! j C I F:,,'!.-! SOGZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA I () rrLl C 7YA II ic \L ~lC. '--" Plaintiff Vs FileNo. 05-d;;LC,/ IN DIVORCE ~<11 S U.?:,Q, '\ Ie \L Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff I defendant in the above matter, [select one by marking "x"J X prior to the entry of a Final Decree in Divorce, or _ after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of ~o US\-\ , and gives this written notice avowing his I her intention pursu 0 the provisiol1B) of 54 P.S. 704. Date: 0 h Ins / L \!) I it Signature /~) /1 ~t;JYLtif- VJ It 1l).I{) h Si lure of name being resumed COMMONWEAFH'OF PENNSYL VANIA COUNTY OF UM~!..I1t(J) On the ~day of ~NE ) , 200..2: before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he I she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. NOTARIAL SEAL PROTHONOTARY, NOTARY PUBUC CAIllSI.E CUMBERlAND COUNTY COURT HOUSE MY COMMISSION EXPIRES JANUARY 2, 200i . ~ - ~ ~ -.J ..J ...j :J ~ ~ )..... ~ t C") ;-~~- ~.) C) t; -'ll c_n ~ <- ~~F s r'~ -,,,,.. ~\:.:~, N '-E' U1 c:;; RECEIVED JUN 13 200S fi'I ~ LARRY C. BARRICK, JR Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW TONY A D. BARRICK Defendant NO. 05-2297 IN CUSTODY COURT ORDER AND NOW, this ~ day of June, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: I. The father, Larry C. Barrick, Jr., and the mother, Tonya D. Barrick, shall enjoy shared legal custody of Ireland K. Barrick born July 9, 1993. 2. The father shall enjoy primary physical custody of the minor child. 3. The mother shall enjoy liberal periods of temporary custody with the minor child pursuant to the following schedule: a. Every Tuesday from 9:00 p.m. until Thursday at 5:30 p.m. b. Alternating weekends from Saturday at noon until Sunday at 6:00 p.m. c. At such other times as agreed upon by the parties. 4. During the summer months, physical custody shall be handled with the parties alternating custody on a week-to-week basis pursuant to a schedule that the parties agree upon. 5. The Christmas holiday shall be handled with father having custody on Christmas Eve and Christmas Day until 4 p.m., with mother having Christmas Day from 4 p.m. until December 26"'. 6. The mother shall have custody on Thanksgiving Day. 7. The father shall have custody on Easter. 1$. The mother will always have custody on Mother's Day and the father will always have custody on Father's Day. 9. Other holidays shall be handled pursuant to an agreement between the parties. 10. The parties may modify this custody schedule as they agree. If the parties are unable to reach an agreement, the schedule set forth in this Order shall control. Additionally, if either party desires to modify this Order, that party may petition a Court to have the case again referred back to the Custody Conciliator for a conference. /.. ~~CO ,~ .- l " Judge -7 / - RLED-CFfiCE OF Tl":: P"C':;1-"y,nTAClv . -1_ ,. -', I ,-.....~..", ,.J 2005 JUN 14 PH I,: 0 I C'J" ,. VIJ:,.'~'.":'-' '..; . - -'-' '-' '-" '.,CU>HY LARRY C. BARRICK, JR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW TONYA D. BARRICK Defendant NO. 05-2297 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Ireland K. Barrick, born July 9, 1993. 2. A Conciliation Conference was held on June 2, 2005, with the following individuals in attendance: The father, Larry C. Barrick, Jr., with his counsel, Marcus McKnight, Esquire, and the mother, Tanya D. Barrick, who appeared without legal counsel. 3. The parties agreed to the entry of an Order in the fonn as attached. 1L/?llJf DATE a Hubert X. Gilr ,Esquire Custody Co . tor MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this 11 ~ay of May, 2005 by and between TONY A D. BARRICK, (hereinafter referred to as "WIFE") and LARRY C. BARRICK, JR., hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on April 4, 1992, in West Fairview, Enola, Pennsylvania. HUSBAND filed a Complaint in Divorce in Cumberland County, Pennsylvania, docketed at 2005-2297 Civil Term on May 4,2005. The parties separated on October 13, 2000. The parties 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 matrimonial 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 party 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 party shall interfere with the uses, ownership, enjoyment or disposition of any prop1erty now owned and not specified herein nor 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: A. is represented by counsel of his or her own choosing; B. 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; C. enters into this Agreement voluntarily after receiving advice of counsel; D. has given careful and mature thought to the making of this Agreement; E. has carefully read each provision of this Agreement; and F. 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, 2 5. It is the purpose and intent of this Agreement to settle DJrever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), 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. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 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 <my property is subject. Each party 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 Party 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 marriage. 3 7. REAL ESTATE: There was no real estate owned by the parties the date they separated. 8. DEBTS: HUSBAND will be solely responsible for his own debts and the marital debts as follows A. Sears Credit Card $2,600.00 B. Household Finance $5,500.00 WIFE will be solely responsible for her debts. HUSBAND will indemnify and hold harmless WIFE from all obligation related to his debts. WIFE will be solely responsible and will indemnify and hold harmless HUSBAND from any claim made against him related to her debts. 9. SPOUSAL SUPPORT AND ALIMONY: The parties hereby agree to the following: There will be no spousal support or alimony paid by either party to the other. 10. PERSONAL PROPERTY: The parties agree that the personal property shall be divided as follows: HUSBAND shall receive the following items: A. The personal property in his possession; B. His bank accounts; C. Any life insurance policy; and D. His employee benefits including retiremwt and 401(k). 4 WIFE shall receive the following items: A. The personal property in her current possession; B. Her bank accounts; C. Any life insurance policy; and D. Her employee benefits. The WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal property of the 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 the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. 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. 11. AUTOMOBILES: A. HUSBAND agrees to waive any and all interest which he may have in the Ford Taurus automobile in possession of the WIFE. B. WIFE agrees to waive any and all interest which she may have in the 1992 Plymouth Voyager automobile in possession ofthe HUSBAND. 5 WIFE agrees to sign the title to the Voyager to HUSBAND within ten (10) days of signing of this Agreement. They each waive any claim which they have in any automobile owned by the other party. 12. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE waives all right, title and claim to HUSBAND'S employee benefits, and HUSBAND waives all right, title, and claim to any of WIFE'S employee benefits. 13. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. The HUSBAND agrees to waive all interest which he may have in the savings or checking or any other bank accounts of the WIFE. 14. 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. 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. 15. BREACH: If either party breaches any provisions of this Agreement, the other party should 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 will be 6 responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 16. 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. 17. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and 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 provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 18, 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. 19. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 7 20, PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 21. PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own costs and legal fees required to obtain and complete the divorce 22. 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, courtesy, 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, ail 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 inilerests, rights and claims. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. J & /7/l/cit (SEAL) T Y A D. BARRICK :~'"~ ~ (SEAL) ~ / RY C. BARRIC , R. 8 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this );:,~ day of~, 2005, a Notary Public, in and for the Commonwealth of Pennsylvania and coun~ oV Cumberland, TONY A D. BARRICK, 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 harld and official seal. COMMONWEAlTH OF PENNSYLVANIA NoIarlaI Seal Mld1a L Noel. ~NlIIc CadIsIe Bao. CUhlba....,d County My c...,.,...., Elcpin!s Sept. 18, 7JX17 Member. Pennsylvania Association Of Notaries ~ cJ? COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND . \ () PERSONALLY APPEARED BEFORE ~, this ~~day of Notary Public, in and for the Commonwealth of Pennsylvania and Count , 005, a f Cumberland, LARRY C. BARRICK, JR., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agrel~ment, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONW"'" TH OF PENNSYLVANIA NoIarlaI Seal Marlha L Noel, ~ PuIlIIc ClIItIsIe B<tro, ClmleIIand County My Cllll'.......' Elqhe _18, 2007 Mem~. Pennsylvania ".....ollon Of _riel 9 LARRY C. BARRICK, JR., Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2005 - 2297 CIVIL TERM TONY A D. BARRICK, Defendant. IN DIVORCE, PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) or 3301(d) of the Divorce Code was filed on May 4, 2005 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed . from the date of the filing of the complaint. 3, I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I 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. Date: ).... e -/2 -05 ~ / -/~ / . BARRICK, JR. ~ I' ff <:J (i_i jOf': r~: 1::::?- "j(t, UJ.."_,- 2~t i~~: ~.; =-:;: o ~ ~-='.. ';;i ~ ~ C"J ~ ~::n hi =8Q be -:14; O:\:._n ()('5 'Zen S J'" :?;I (.f\ -v ::;.:; ~ <.J N ]7 LARRY C. BARRICK, JR., Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2005 - 2297 CIVIL TERM TONYA D. BARRICK, Defendant. IN DIVORCJi: WAIVER OF NOTICE OF INTENTION 110 REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORC:E 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 'tiled with the Prothonotary. 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. Date: 8 -/2. 0,5 ~ C^" ~. '" eBAJOOCK, - - - PI . tiff (") c: ..~ ~. -Ol:r, l'THf' .~;'~-" if! ~ ~~ i=~; 5<;,; ?- -:) .- ,..., = ~ ~ <:>> - U1 -0 ::x;: r:-? w w ~ :'?..,-, rnh; :go c)6 ...:-.t~i =-_c..,., ~~ '3 -",. ~~ 1 LARRY C. BARRICK, JR., Plaintiff, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2005 - 2297 CIVIL TERM TONY A D. BARRICK, Defendant. : IN DIVORCE DEFENDANT'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 oounselors 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. Date: 8jqjiM-5 . -fJ ~ Ja?(/a~ () 6/lp{(/ij 1'6NY A f!J BARRICK Defendant (") r; -oft: IT::": '--....., ~~~: ~c ~~~ z :.;'2 " ..... = = c.n >- c= Co? o -n X1:D n, -op:: 23T =rJ~ ~:::n ~~ o ~ .D -< Ul -0 3': N .. (.oj w LARRY C. BARRICK. JR., Plaintiff, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2005 - 2297 CIVIL TERM TONY A D. BARRICK. Defendant. IN DIVORCI; DEFENDANT'S AFFIDAVIT O}l' CONSENT L A complaint in divorce under Section 3301 ( c) or 3301 (d) of the Divorce Code was filed on May 4, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days haye elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I 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. Date: ~/t; h()(X5 { y) &A/lIZ'Je ) TONYA .BARRICK Defendant (') c ;3~:.f' ~3' -> ,.. . :~". '. >t? 2'. -'3 -~ ...., = = ..,., :;.. c: ..., o -n :2 ~~ 236 .:;1-r is:!.l B~ -I ?Ii -< Ul -cJ ::!l: ~ w .r:- LARRY C. BARRICK, JR., Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2005 - 2297 CIVIL TERM TONYA D. BARRICK, Defendant. IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORC~E 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 med with the Prothonotary. 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. Date: gjqJgjoS Q ~,;.: ~=- -'0\""1;' \.~) ~,~-- :~i,:~. t2\_- -~C ~~~ :) ~ ~ ~ G"> ~ ~-n ~'h1 - ~~i (}'l ''1:" ,"n -0 '1 R- -;$.. ~ ~ r:? v> ~ LARRY C. BARRICK, JR., Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2005 - 229'7 CIVIL TERM TONY A D. BARRICK, Defendant. IN DIVORCE PRAECIPE TO TRANSMIT RECORI! 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 complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Tonya D. Barrick, on May 5, 2005, by certified, restricted delivery mail, addressed to her at 16-B Glenwood Drive, Camp Hill, Pennsylvania, 17011, with Return Receipt Number 7003 3110 0004 5770 5292. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by plaintiff: August 9,2005 by defendant: August 12, 2005 (b)(1) Date of execution of the affidavit required by Seellion 3301 (d) of the Divorce Code: (b )(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice ofIntention to file Praecipe to Transmit Record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: August 15,2005 ~ Marc Altor was filed with the Date defendant's Waiver of Notice in Section Prothonotary: August 15, 2005 Date: August 15, 2005 (') ~~ ~r': ~':~ :,. ~l'. ~'~ S~~: o ~ '. '" = = c.n ". c:: GJ o ." :r!~ m~ -ohi :00 C?h '2'" EJ:U ->(~ orT' ~ :~ UI -0 3: r:--? w c.n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :+;:f' :+::+: :+: :+; . . . . ... .. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PEN NA. LARRY C. BARRICK, JR., PLAINTIFF No. 2005-2297 CIVIL TERM VERSUS TOliIYA D. BARRICK, DEFEllDANT DECREE IN DIVORCE AND Now,~lb .-~~ ~, ), IT IS ORDERED AND LARRY D. BARRICK, JR. DECREED THAT , PLAINTIFF, TOliIYA D. BARRICK AND , 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; ~ The Marriage Settlement Agreement dated May 13, 2005 parties is hereby incorporated into this D~rce // . . . . . ... :f.;f.;+: :f. . '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . .. .* f /f'J' ,YII ~ y/ (fC , (j/ ~*' fr :t-/'!/'- ~ ~ -,17 oe~r1' s" .. . .... ., .. - Altavise Louise Thompson, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v NO. 05 - 5229 CIVIL TERM Joseph Michael Martorana, Defendant PROTECTION FROM ABUSE PETITION TO V ACA TE ORDER AND WITHDRAW ACTION Plaintiff, Altavise Louise Thompson, by and through her attorneys, Grace E. D' Alo and Jessica Holst of MidPenn Legal Services requests that the Court vacate the Final Order of Court in the above-captioned case and that the action be withdrawn on the grounds that: 1. A Temporary Protection From Abuse Order of Court was entered on October 6, 2005. 2 The Cumberland County Sheriffs Department served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse on October 7, 2005. 3. Plaintiff requests that the Final Order of Court be vacated atld the action withdrawn without prejudice to her. 3. A certified copy of this Order will be provided to the Police Department by attorney for Plaintiff. WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate the Order, and that the action be withdrawn without prejudice to Plaintiff. Respectfully submitted, , ' <\_J'C~ ,", c . IJ..':"> ( Jessi aHolst, Attorney for Plaintiff Grac E. D'Alo, Attorney for Plaintiff MIDPENN LEGAL SERVICES 401 East Louther Street Carlisle PA 17013 VERITICA nON I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Dated: _\ ' ICZ, 0(0 /1' h ~O[ .0 : ,,/ ~ Ii.) c !" J ,jJ J{UK-- Altavise Louise Thompson, Plaintiff ~ MidPenn Legal Services 40] E. Louther Strel't, CarJisll', rJA 17013 717-247.-9400 rAX 717-24::;-8U2.h Toll-Pn'l'SOO-K22-:12KS \v\v\v. m id pl'll n.( )rg I, AItavise Louise Thompson, hereby direct MidPenn Legal Services to file a Petition to Vacate Order and Withdraw Action on my behalf (Thompson v Martorana, No. 05-5229). 1 understand that upon entry of an Order in this matter that the Court will vacate the Final Order of Court entered on October 13, 2005, and that my Protection From Abuse action will be withdrawn. In addition, I request that no further litigation be filed on my behalf in this case, and I no longer desire that MidPenn Legal Services represent me in this matter at this time. I understand that my Protection From Abuse case will be closed. I have been advised by MidPenn Legal Services staff that I can contact their offices in the future if I need legal assistance in this or any other matter handled by their program, and that if I meet the program's requirements, they may be able to assist me. Date: _I ' \ X '\)(D , r, !~~~ ompso , Plaintiff iI!!: LSC ~ ., ..-. -) , ; -\, .-J j-;I '- r"' . ,~ " -------