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: IN THE COURT OF COMMON PLEAS :
~ OF CUMBERLAND COUNTY ~
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: STATE OF ~'~;~:T PENNA. :
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8 Michael D. Barnhart, .
: i\: 11.94~2565. "",,141<< I!l
I!l Plaintiff Civil Term $
$ \"'1'.'11,' In Divorce 8
~ Kay V. Barnhart, 8
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Defendant
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DECREE IN
DIVORCE
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AND NOW, , " " " ,~, 7' "" , " "q" ". ,," " It Is or ere an
decreed that ,Michael, ,D., Barnhart""""""""."""", plaintiff,
and ,Kay, ,V. ' Barnha'l't, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ., , , , , ,., 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 0 final order has not yet
been entered; None.
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is. 'i'nc:orporat€d'herein' ,by' r€ferenee'.",'""""",..",..."..,.....
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resolution of their mutual differences, after both have had full
and amble opportunity to consult with their respective attorneys,
and the parties now wish to have that agreement reduced to
writing.
NOW, THEREFORE, the parties hereto in consideration of
the mutually made and to be kept promises set forth herein and
for other good and valuable consideration, intending to be
legally bound and to legally bind heirs, successors, assigns, and
personal representatives, do hereby covenant, promise and agree
as follows:
ARTICLE I
SEPARATION
1.1
It shall be lawful for husband and wife at all times
hereafter to live separate and apart from each other and to
reside from time to time at such place or places as they shall
deem fit free from any control, restrain, or interference, direct
or indirect, by each other. Neither party shall molest the other
or compel or endeavor to compel the other to cohabit or dwell
with him or her by any legal or other proceedings. The foregoing
provision shall not be taken to be an ndmission on the part of
eithe~ hUHbnnd or wife of the lawtulness of the caUECS leading to
them living separate and apart.
2
pOlicy, unenforceable in whole or in part. Husband and wife do
each hereby warrant, covenant and agree that, in any possible
event he an she are and ever shall be estopped from asserting any
illegality or unenforceability as to all or any part of this
Agreement.
2.2
It is further specifically understood and agreed that
the provision of this Agreement relating to the equitable
distribution of property of the parties are accepted by each
party as a final settlement of for all purposes whatsoever.
Should either of the parties obtain a decree, judgment or order
of separation or divorce in any other state, county, or
jurisdiction, each of the parties to this Agreement hereby
consents and agrees that this Agreement and all its covenants
shall not be effected in any way by any such separation or
divorce; and that nothing in any such decree, judgment, order or
further modification or revision thereof shall alter, amend or
vary any term of this Agreement, whether or not either or both of
the parties should remarry, it being understood by and between
the parties that this Agreement shall survive and shall not be
merged into any decree, judgment or order of divorce or
separation.
4
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2.3
It is specifically agreed that a copy of this Agreement
may be incorporated by reference into any divorce judgment or
decree if or whenever sought by any of the parties hereto. Such
incorporation, however, shall not be regarded a merger, it being
the intent of the parties to permit Agreement to survive any such
agreements.
ARTICLE III
EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
3.1
The parties have attempted to divide their marital property
in a manner which conforms to the criteria set forth in section
3502 of the Pennsylvania Domestic Relations Code, and taking into
account the following considerations: the length of the
marriage; the prior marriages of the parties; the age, health,
station, amount and sources of income, vocational skills,
employability, estate, liabilities, and need for each of the
parties; the contribution of one party to the education, training
or increased earning power of the other party; the opportunity of
each party for future acquisition of capital assets and income;
the sources of income of both parties, including, but not limited
to medical, retirement, insurance or other benefits; thA
contribution of dissipation of each party in the acquisition,
5
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preservation, depreciation, or appreciation of marital property,
including the contribution of a party as a homemaker; the value
of the property set apart to each party; the standard of living
of the parties established during their marriage.
3.2
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 marital
property. The division of property under this Agreement shall be
in full satisfaction of all rights of equitable distribution of
the parties.
3,3
The parties shall retain sole and exclusive right, title and
possession of all personal property currently in their
possession. Except as provide for herein, Husband shall make no
claim whatsoever for any personal property in wife's possession.
Additionally, except as provided for herein, Wife shall make no
claim whatsoever for any personal property in Husband's
possession. Should it be necessary for either party to execute
any documents to convey tile to ~ny such personal property in the
other party's possession, they ohall ~o so within ch~rty (30)
6
days of the execution of this Agreement or within thirty (30)
days of the request from the opposing party.
3.4
Wife waives any right or interest she may have in Husband's
employment benefits, including any pension benefits, retirement
plan, stock option purchase plan, profit sharing plan or related
matters. Husband waives any right or interest he may have in
Wife's employment benefits, including any pension benefits,
retirement plan, stock option purchase plan, profit sharing plan
or related matters.
3.5
Husband and Wife agree to waive and relinquish any and all
right that he or she may now have or hereafter acquire in any
real or tangible personal property subsequently acquired by the
other party. Husband and Wife specifically agree to waive and
relinquish any right in such property that may arise as a result
of the marriage relationship.
3.6
contemporaneously with the execution of this Agreement,
Ilusband shall transfer, vin special warranty deed, to Wife any
and all of Husband's right, title and interest in and to that
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parcel of real estate located at 25 Firehouse Road, Walnut
Bottom, Cumberland County, Pennsylvania, heretofore owned by the
parties as tenants by the entireties. Said transfer is subject
to those liens, jUdgments or mortgages of record as of the date
of conveyance, all of which shall thereafter become the sole and
exclusive obligation of Wife. Wife agrees to indemnify Husband
and hold Husband harmless for any liens, judgments or mortgages
of record on the property known as 25 Firehouse Road, Walnut
Bottom, Cumberland county, Pennsylvania. As consideration for
Husband transferring his rights in the property to Wife, within
six (6) months of the date of this Agreement, Wife shall pay
Husband a lump sum of FIVE THOUSAND ($5,000.00) DOLLARS. Husband
hereby waives any rights that he may have to any proceeds payable
pursuant to any sales agreement, dated after the date of this
Agreement, with any third party buyer of said property.
ARTICLE IV
RELEASE OF SUPPORT FOR HUSBAND AND WIFE
4.1
The parties herein acknowledge that by this Agreement they
have respectively secured and maintained a substantial and
adequate fund with which to provide themselves sufficient
rcuOUrces to provide for their comfort, maintenance, and support
in the station of life in which they are accustomed. Husband and
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wife do hereby waive, release and give up any rights they may
respectively have against the other for alimony, support, or
maintenance. Husband shall be obligated to pay child support for
his natural child (MATTHEW ALLEN BARNHART) only.
4.2
Husband and Wife specifically waive, release and give up any
rights for alimony that they may be entitled to pursuant to
Chapter 37 of the Pennsylvania Domestic Relations Code.
ARTICLE V
DEBTS OF THE PARTIES
5.1
Each party represents to the other that except as otherwise
specifically set forth herein, there are no major outstanding
obligations of the parties, that since the separation neither
party has contracted for any debts for which the other will be
responsible and each party indemnifies and holds harmless the
other for all obligations separately incurred or assumed under
this Agreement.
In the event either party contracted for or Incurred any
debts since the date of separation, the party who Incurred said
debt sha 11 be respolW [hIe 1'01' the p,'yment thereof I'eqard less of
the name in \'Ihich tlw account m.1Y have lx~en c;harc.l(~d, Husband and
Wife acknowledge and agree that they have no outstanding debts or
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obligations of the Husband and Wife incurred prior to the signing
of this Agreement.
5.2
Each party relinquishes any right, title and interest he or
she may have to any and all motor vehicles currently in the
possession of the other party. Each party shall execute the
necessary documents to have said vehicles properly registered in
the other party's name with the Pennsylvania Department of
Transportation.
ARTICLE VI
MISCELLANEOUS PROVISIONS
6.1
The provisions of this Agreement and their legal effect have
been fully explained to the parties by their respective counsel
or the parties have waived their right to have legal advice
regarding the meaning and implication of this Agreement. The
parties acknowledge and accept that this Agreement is, in the
circumstances, fair and equitable, that it is being entered into
freely and voluntarily, after having received such advice and
with such knowledge that execution of this Agreement is not the
result of any duress or undue influence and that it is not the
result of any collusion or improper or illegal agreement or
agreements.
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6.2
Husband and Wife do hereby mutually remise, release,
quitclaim, and forever discharge the other and the estate of the
other, for all times to come and for all purposes whatsoever, of
and from any and all legal right, title and interest, or claims
in or against the property of the other or against the estate of
the other, of whatever nature and wheresoever situate, which he
or she now has or at any time hereafter may have against such
other, the estate of such other, or any part thereof, whether
arising out of any former acts, contracts, engagements, or
liabilities of such other as by way of dower or curtesy, or
claims in the nature of dower or curtesy or widow's or widower's
rights, family exemption, or similar allowance, or under the
intestate laws, or the right to take against the spouse's will;
or the right to treat a lifetime conveyance by the other as
testamentary, or all other rights of a surviving spouse to
participate in a deceased spouse's estate, whether arising under
the laws of (a) Pennsylvania, (b) any state, commonwealth, or
territory of the United states, or (c) any other country, or any
rights which either party may have or at any time hereafter have
for past, present, or future support or maintenance, alimony,
alimony pendente lite, source fees, costs or expenses, whether
arising as a result of the marital relation or otherHise, except
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and only except, all rights and agreements and obligations of
whatsoever nature arising or which may arise under this Agreement
or for the breach of any thereof. It is the intention of Husband
and Wife to give to each other by execution of this Agreement a
full, complete, and general release with respect to any and all
property of any kind or nature, real or personal, not mixed,
which the other now owns or may hereafter acquire, except and
only except, all rights and agreements and obligations of
whatsoever nature arising or which may arise under this Agreement
or for the breach of any thereof.
6.3
Each party represents that they have 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 and hold the other party harmless from and
against any and all such debts, liabilities or obligations of
each of them, including those for necessities, except for the
obligations arising out of this Agreement. Husband and Wife each
warrant, covenant, represent and agree that each will, now and at
all times hereafter, save harmless and keep the other indemnified
from all debts, charges, and liabilities incurred by the other
after the execution date of this Agreement, except as is
otherwise specifically provided herein.
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.(~ . .
6.4
No waiver or modification of any of the terms of this
Agreement 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.
6.5
This Agreement shall be construed in accordance with the
laws of the commonwealth of pennsylvania which are in effect as
of the date of execution of this Agreement.
6.6
This Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs,
executors, administrators, successors and assigns.
6.7
This Agreement constitutes the entire understanding of the
parties and supersedes any and all prior agreements and
negotiations between them. There are no representations or
warranties other than those expressly set forth herein,
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6,8
If any term, condition, clause, section, or provision of
this Agreement shall be determined or declared to be void or
invalid in law or otherwise, then only that term, condition,
clause, or provision shall be stricken from this Agreement, and
in all other respects, this Agreement shall be valid and continue
in full force, effect, and operation. Likewise, the failure of
any party to meet his or her obligation under anyone or more of
the articles and sections herein shall in no way void or alter
the remaining obligations of the parties.
6.9
It is specifically understood and agreed that this Agreement
constitutes an equitable distribution of property, both real and
personal, which was legally and beneficially acquired by Husband
and Wife, or either of them, during the marriage as contemplated
by the Domestic Relations Code of the Commonwealth of
Pennsylvania.
6.10
The parties warrant and represent that they have made full
disclosure of all assets prior to the execution of this
Agreement.
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vs.
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. CIVIL 1994
(J 'I .A;j (, ) ( I ~. I 'f~, {} I
IN DIVORCE
MICHAEL D. BARNHART,
plaintiff
KAY V. BARNHART,
Defendant
NOTICI TO DEPBND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against
the claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case will
proceed without you and a decree in divorce or annulment may be
entered against you for any other claim or relief requested in
these papers by the Plaintiff. You may lose money or property or
other rights important to you, including custody or visitation of
your children.
When the ground for the divorce is
indignities
or
irretrievable breakdown of the marriage, you may request marriage
counseling.
A list of marriage counselors is available in the
Office of the Prothonotary at Cumberland County Courthouse,
Carlisle, Pennsylvania, 17013.
IP YOU DO NOT PILI A CLAIM FOR ALIMONY, DIVISION OF MARITAL
PROPERTY, LAWYIR'S FBES, OR EXPENSES BEFORE A DIVORCB IS GRANTED,
YOU HAY LOSE THB RIGHT TO CLAIK ANY OF THEK.
YOU SHOULD TAli THIS PAPER TO YOUR LAWYBR AT ONCB. Ir YOU
DO NOT HAVE A LAWYBR OR CANNOT AFFORD ONE, GO TO OR TELBPHONE THB
OPPICI BBT rORTH BBLOW TO rIND OUT WHERE YOU CAN GET LEGAL BILP.
Court Administrator
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
(717) 240-6200
MICHAEL D. BARNHART,
Plaintiff
I
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 'II ,CIYIL 1994
( /J ' ) in J
IN DIVORCE
vs.
.
.
.
.
l(A Y V. BARNHART,
Defendant
.
.
COMPLAINT IN DIVORCI
COUNT I
1. Plaintiff is Michael D. Barnhart, an adult individual
currently residing at 13822 Worley town Road,
Franklin County, Pennsylvania.
2. Defendant is Kay V. Barnhart, an adult individual
Greencastle,
currently residing at 25 Firehouse Road,
Cumberland County, Pennsylvania.
3. Plaintiff and Defendant are bona fide residents of the
Walnut Bottom,
Commonwealth of Pennsylvania and have been so for at least six
months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on May 10, 1980, in
Washington County, Maryland.
5. There have been no prior actions for divorce or
annulment between the parties.
6. The Defendant is not a member of the United States Armed
Forces or its Allies.
7. Plaintiff has been advised of the availability of
counseling and the right of request that the Court requires the
parties to participate in counseling. Knowing this, Plaintiff
does not desire that the Court requires the parties to
participate in counseling.
8. Plaintiff and Defendant are citizens of the United
states of America.
9. The parties' marriage is irretrievably broken.
10. Plaintiff desires a divorce based upon the belief that
Defendant will, ninety days from the date of the filing of this
Complaint, consent to this divorcel or in the alternative, the
fact that the Defendant has offered such indignities to the
person of the Plaintiff, the innocent and injured spouse, as to
render his condition intolerable and life burdensome and this
action is not collusive.
WHEREFORE, Plaintiff requests your Honorable Court to enter
a decree in divorce pursuant to Section 3301(c) or 3301(a) (6) of
the Divorce Code.
COUNT II
11. Paragraphs 1 though 10 are incorporated herein by
reference as if set forth in their full text.
12. Plaintiff and Defendant are joint owners of a certain
real estate located at 25 Firehouse Road, Walnut Bottom,
Cumberland County, Pennsylvania.
13. Plaintiff and Defendant are joint owners of various
items of personal property, furniture, and household furniShings
acquired during their marriage which are subject to equitable
distribution.
14. Plaintiff and Defendant have incurred debts and
Obligations during their marriage which are subject to equitable
distribution.
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OCT 03 199.
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MICHAEL D. BARNHART, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs. . CIVIL ACTION - LAW
.
. NO. 94-2565 CIVIL TERM
.
l<AY V. BARNHART, .
.
Defendant . IN DIVORCE
.
PETITION TO WITHDRAW AS COUNSEL
AND NOW comes Petitioner, Barbara J. Yunis, Esquire, counsel
of record for the above named Plaintiff, Michael D. Barnhart, and
petitions the Court as follows:
1. Your Petitioner is Barbara J. Yunis, Esquire, an
attorney licensed to practice law in the Commonwealth of
Pennsylvania, who has entered her appearance on behalf of the
above-named Plaintiff, in the above-captioned action.
2. Upon the initiation of representation of the Plaintiff,
Petitioner met with Plaintiff on several occasions, drafted
various documents and corresponded with opposing counsel, Michael
J. Hanft, Esquire.
3. Plaintiff has asked Petitioner to withdraw as counsel
due
to Plaintiff's financial circumstances.
Attached
and
incorporated herein as Exhibit "A" is a letter signed by
Plaintiff acknowledging that he wishes Petitioner to withdraw as
his counsel of record.
WHEREFORE, Petitioner requests your Honorable Court to enter
a Rule to show cause upon the Plaintiff and counsel for the