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HomeMy WebLinkAbout94-05579 :tj \l C ~ r.f: ~ r t )~ ~ ~ l:; I ~ ~ , ~ ,I.' I' r~ , t! " . . . .. ......,. 4 ~~_~~~~ .:c. .:;c. ...~...: .'"_'~_::!..~~~4l::.~'~~"";:';:_:~:'~-~~--~::. .l4l\- .;eo. ':.<<0 .*" "''-'. ~. . :1 IN THE COURT OF COMMON PLEAS : \ ~I OF CUMBERLAND COUNTY ~ ~l · !l STATE OF ~ PENNA. i lJ i ~d.ti/;,~' . ~l . ~ ~ TAMMY D. BARNETT, Term ~ ~ PlaintiU N (}.?~::~.~!?....Ci~~~........ 19 . ~ " 8 tl Vel'5115 . tl RICHARD D. BARNETT, i . , ~ Defendant .' . .1 ~ . .. . . . . t ^ i , ~ . ~ . . . . . . . .. . 8 W ~ .. V_',~_"" ___ ..v.......___~___ia .~~-*~~.~.~~.~**.~.~,~~.~~*-~~ 8 ~ ~ . ~ DECREE IN DIVORCE ANDNOW.~...'L~..... 19~~,... it is ordered and " 8 decreed that ...,........ .Ta~Y..1? ~. .B.~~,:~.t.~.. .. ... . .. . .. .. ... plaintiff. and. . . . . . . . . . . . . , . . . , . . . . ~,i,c.t~~7? P: . ~,a.~~~~.~ , ,.. , , . . . . , . '. defendant. are divorced from the bonds of matrimony. a. . . 8 . . ~ . . . a. . 8 *- . . .1_____... . 1oc. -ac- 'lOt. ... . 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; iJ9~ . . . . r.h.El . ~il.r:~ ~il~. .q'i'j:~.l.EllJl!'!.n.t; . (\g.r.El'i'lJl!!l\t; . P!!.t;ween. ~,e/'HUE':e . Cla.ted, N.Q1(el11.b.Elt. 1.8.,. .19.96, . a. .copy. .of. wbich. .is. a.ttac " ,J is. in=rpor.ated b,e 00 .,,,," '",0 "" Di.om 9'0<0'.. ~ D Y T. Cor ( J""......... Alle'~jt.J~ ['. 1J..?~'f. p~.,..~J. ~~1~'(' /'Aj/b, 9~ .. . f ~ Prothonotary . I'll . . . .. MARITAL SETTLEMENT AGREEMENT rw THIS AGREEMENT, made this /f ~day of ~1996, by and between RICHARD D. BARNETT, hereinafter referred to as "Husband", and TAMMY D. BARNETT, hereinafter referred to as .Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on March 7, 1987; and WHEREAS, certain differences arose between the parties as a result of which they separated on August 18, 1 994, and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligationa as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised by their , respective counsel, Husband, by his attorney, Edward J. Weintraub, Esquire, and Wife by her attorney, Kent H. Patterson. Esquire, have come to the following agreement. t:t (Initials) "'/fJ (lnitiall) , . .... .. :. NOW THER~FORE, in consideration of the above recitals and the following covenants and promise. mutually made and mutually to be kept, thll partiea , heretofore, intending to be legally bound and to legally bind their heirs, succeaaors and assigns thereby, covenant, promise and agree as follows: 1. SEPARA TION: It shall be lawful for each party at all times hereafter to live separate and apart from the other as such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall harass the other nor endeavor to molest the other, nor compel the other to cohabit with the other nor in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Other than the debts indicated in Paragraph 5 below Wife represents and warrants to Husband that since August 18, 1994, she has not, and In the future, she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations Incurred by her. 4. HUSBAND'S DEBTS: Other than the debts indicated in Paragraph 5 below, Husband represents and warrants to Wife that since August 18, 1994, he has not, and in the /LX . (Initials) ~ (Initials) 2 .... future he will not, contract or lncur any debt or liability for which Wife or her estate might be responsible and shall Indemnify and save Wife harmleaa from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. OUTSTANDING MARITAL DEBTS: Husband and Wife acknowledge and agree that they have no outstanding marital debts and obligations of the Husband and Wife incurred prior to the signing of this agreement, except as follows: PERSONlS) NOW DESCRIPTION AMOUNT RESPONSIBLE A. MBNA Visa $1,200 Wife B. MBNA Visa $2,300 Husband C. Chemical Master Card $3,000 Husband The parties agree that Husband shall hereafter be responsible for paying dabt A, Bend C above and to indemnify and save harmless Wife from any liability for such debts or obligations. In the event that either party contracted or incurred any debts, other than those specifically identified herein since August 18, 1994, the party who incurred the debt shall be responsible for its payment regardless of the name in which the account may have been charged and agrees to indemnify and hold harmless the other for any liability for such debt. 6. MUTUAL RELEASE: Except as provided in this Agreement, each party waives his or her right to alimony and any further distribution of property because both agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this agreement, each party has released and discharged, and by this Agreement does for himself or herself, ;/;1 "Ti3 (Initials) (Initials) 3 ;,.~..~;".' i f '" i I f . and his or her heirs, legal representatives, executors, administrators and assigns. release and discharge the other of and from all causes of action, claims, rights or , demands whatsoever in law or equity, which eithElr of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agrdement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. 7. EQUITABLE DISTRIBUTION: A. Wife acknowledges upon signing of this Agreement, that she has no interest in Husband's separately titled real estate at 42 Golden Rod Roed, Carlisle, Cumberland County, Pennsylvania. Husband covenants that he will pay and discharge the existing mortgage obligation on this premise and agrees to indemnify Wife from any loss by reason of any default in payment and agrees to save Wife harmless from any future liability with regard thereto. B. Contents of the Husband's Residence: As of the date of the execution of this Agreement, Wife shall set over, transfer and assign to Husband all of her right, title, claim and interest in and to the furniture, furnishings, fixtures, goods, appliances, equipment and personal items within Husband's residence. C. Contents of Wife's Residence: As of the date of the execution of this Agreement, Husband shall set over, transfer, and assign to Wife all of his right, title, claim and Inter.at in and to the furniture, furnishings, fixtures, goods, appliances, equipment and personal items within Wife's residence, except for these items which Wife will deliver to Husband: Pool Table and Bar Stools if) , (Initials) 'Y/1 (Initials) 4 .. .-, Husband shall remove theme items within ten (10) days following execution of this Agreement. , D. Mota, Vehlcla: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (1) Husband shall retain the 1991 Dodge Stealth. (2) Husband shall retain the 1992 Ford Explorer. (3) Wife shall retain the 1993 Mercury Villager Van. (4) Husband shall retain the Jet Ski and Trailer. (5) All vehicle titles and insurance policies will be corrected to reflect the ownership of each vehicle. E. Reti,.ment Account., Pen.ion. IInd Employment Benefit.: Each party shall retain sole ownership and control of his Iher IRA's, Pensions and Employment benefits. F. Joint Bank And Charge Account.: All joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated and each party shall take those steps necessary to have the other removed as a responsible party from any such account. G. Meridian Bank Certificate of Depo.it: Upon sale of the parties jointly-owned property in Downington, Pennsylvania, the proceeds were placed in an interest bearing Meridian Bank Certificate of Deposit. Upon execution of this Agreement, Wife shall receive the principal sum of the Meridian Bank Certificate of Deposit of One Hundred Eighty-one Thousand Three Hundred Forty-five Dollars and Seventy-seven Cents ($181,345.77). Husband shall receive the interest earnings from the certificate and shall pay all income JA - (Initials) 5 Y1?J (Initials) ~ '.... taxes theron and shall indemnify Wife from any liability thereon. Husband paid 60% of the tax on the interest accrued in 1995. He will file an amended return to satisfy the t3X liability for 1995. H. Inve.tment Account: Husband shall retain free from any claim by Wife the entire Merrill Lynch Investment Account which has an approximate balance of Three Hundred Thirty Thousand Dollars ($330,000.00), including any accrued interest or appreciation, and Husband shall pay all income taxes thereon and shall indemnify and hold Wife harmless from any liability thereon. I. Property to Wife: The parties agree that Wife shall own, posses, and enjoy free from any claims of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreem~nt shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. J. Pocono Time.hare. Husband shall transfer to Wife all of his right, title, and interest in a jointly owned timeshare at Split Rock in the Poco nos, as more fully described in "Exhibit A" hereto. K. Property to Hu.band: The parties agree that Husband shall own, possess, and enjoy free from any claims of Wife, the property aWllrded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such .,roperty from Wife to Husband. It; . (Initials) -.:1Z1.-(lnitials) 6 . ,. . ~ ~ L, MI.celllmeou. Property: All property not specifically addressed herein shall hereafter , be owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shsll constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. M. Tax Uablllty: The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co- owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 8. INSURANCE: Each party shall continue to own any life insurance policies currently in effect, without restriction as to the designation of beneficiaries. Husband shall continue to provide full health insurance including dental coverage for the parties children, Stephanie, Kyle and Shannon until they reach their majorities or remain In secondary school or dependant and for Wife until December 31. 1996. The parties shall share all uninsured medical expenses in ratio to their net incomes, now 67% by -f.b ~ Husband and33% by Wife. Health insurance shall be equal to the maximum coverage provided by Capital Blue Cross and Blue Shield. Payments for insurance shall not be considered as alimony. Premium payments are not included with the income of the Wife within the meaning and intent of Section 71 of the United States Internal revenue Code of 1954 and not deductible from Husband's gross income pursuant to the provisions of Section 215 of the United States Internal Revenue Code of 1954. To insure the payment of child support, Husband shall secure and maintain term life insurance in the amount of $200,000 and shall maintain Wife as the --1L(lnitiaIS) "T8 (Initials) 7 "~.'-;<'-'" '.'_.._~' sole beneficiary of this policy. The amount of coverage may decrease $12,000 annually, commencing October, 1997. Husband shall maintain thia coverage with reputable companies and shall annually provide Wife with evidence that this coverage Is In effect and at other reasonable times if requested by Wife. 9. ALIMONY: Both parties mutually waive all support, alimony and maintenance of any kind from the other party. Wife acknowledg"s and agrees that the provisions of this Agreement providing for the waiver of alimony to her by her Husband are fair, adequate, and satisfactory to her and are based upon her actual need, her Husband's ability to pey, the duration of the parties' marriage end other relevant factors which have been taken into consideration by the parties. Although the approval of this Agreement by a court of competent jurisdiction in connection with this action in divcrce or annulment filed by Husband or Wife shall be deemed an order of the court and may be enforced as provided in 12 Pa,C.S.A. Section 3701, as amended, this Agreement, insofar as it pertains only to support for Wife and the payment of alimony following the entry of a final Decree in Divorce between the parties, may not be modified, suspended, terminated, or reinstated at the instance or request of the Wife or Husband, or subject to further order of any court upon changed circumstances of the Wife or Husband of a substantial or continuing nature, or for any reason claimed by Wife whatsoever. Upon that condition, Wife hereby accepts the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that she may now or hereafter have against Husband or her support and maintenance of herself and for alimony, and Husband and Wife further voluntarily and intelligently waives and relinquishes any right to seek a modification, suspension, termination, reinstitution, or other court order with respect to the terms of this yt (Initials) /I!J (Initials) 8 Agreement pertaining to the payment of support to Wife or the payment of alimony by Husband. , Husband acknowledges and agrees that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to him and are accepted by him in lieu of and in full and final settlement and satisfaction of a:'lY claims or demands that he may now have or hereafter have against the Wife for support, maintenance or alimony. Husband further voluntarily and intelligently waives and relinquishes any right to seek from the Wife any payment for support or alimony. Upon execution of this Agreement, Ilounsel for Husband shall promptly take those steps necessary to terminate the spousal support component of the existing support Order. 10. ALIMONY PENDENTE LITE, COUNSEL FEES AN EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adoquate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in Lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of the proceedings for divorce or annulment between the parties. 11. INCOME TAX RETURNS: The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tlX is proposed, or any assessment of an such tax is made against either of them, each will indemnify and hold harmless the other from any against an loss or liability for any it (Initials) ~(lnitials) 9 . such tax deficiency or assessment and any loss or liability for any such tax deficiency or assessment and any Interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid aolely and entirely by the individu!ll who Is finally determined to be responsible for the ections, misrepresentations or failures to disclose separate income resulting in tax liability. The parties shall file separately in 1995 and thereafter. 12. WAIVERS OF CLAIMS AGAINST ESTA TES: Except as horein 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, curtsey, statutory allowance, widow's allowance, right to take intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. 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 and both parties will revoke prior wills or testamentary documents. 13. CHILD SUPPORT .nd COLLEGE EXPENSES: Husband shall continue to pay child SUlJport as required by the existing or any subsequent Order of Support entered by the Court of Common Pleas of Cumberland County Pennsylvania or any other Court of competent jurisdiction. The parties acknowledge that they have an expectation that their children will attend college or will undertake other post-secondary education. Husband and Wife agree that to the extent they are then financially able to do so, they will contribute to the all reasonable educational costs, provided that the children are capable of post-secondary it (Initials) ~ (Initials) 10 work and conscientiously pursue such education and further provided that both parents shall participate fully in each child's choice of an educational Institution. Each parents obligation shall terminate with the sucessful conclusion of a degree program or each child's 23rd birthday, which ever occurs first. 14. SUBSE~UENT DIVORCE: Wife et her cost by her counsel has filed an action for divorce under 3301 (c) of the Divorce code. Simultaneously with the execution of this Agreement, the parties shall execute the attached Affidavits of Consent and Waivers of Notice to enable counsel for Wife to proceed with a no-fault divorce by mutual consent as soon as possible, providing counsel for Husband with a duplicate decree. The part.ies further agree that each of them shall be responsible for their own attorney's fees. The parties shall be bound by the terms of this agreement, which shall be incorporated by reference into the Divorce Decree, shall not be merged In such Decree, but shall in all respects sUl"/ive tha samB and be further binding as an enforceable contract, conclusive upon the parties. 15. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be responsible for payment of legal fees and costs incurred by tho other in enforcing his or her rights under this Agreement. Reasonable interest shall be assessed from the date of breach. A. This Agreement may be specifically enforced by either Husband or Wife in Equitv, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no obje<<:tion .Ib (Initials) -ri11 (Initials) 11 . o. '" on the alleged ground of lack of jurisdiction of said Court on the ground that there Is an adequate remedy at law. The parties do not Intend or purport hereby to Improperly confer jurisdiction on a Court In Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts In Equity over agreement such as this one. B, Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid undue delay. C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, In any way whatsoever, or shall pay upon, or in terms or provisions of this Agreement by reason of any of the term. or provisions of this Agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever, provided that the party who seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It is the specific agreement and intent or the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her rights under this Agreement. I~ (Initials) --=:I12-(lnltials) 12 16, ADDITIONAL INSTRUMENT: Each of the parties shall from time to time. at the raquest of the , other, execute, acknowledge and deliver to the other party any and all further Instruments that may be reasonably raqulrad to give full force and affect to the provisions of this Agreement. 17. VOLUNTARY EXECUTION: Th... 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, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue Influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 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. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and divisions of marital and separate property are fair, equitable and satisfectory to them based on the length of their marriage end other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by and any court of competent jurisdiction pursuant to 23 Pa,C.S.A. Section 3501 ~ ~ or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any ;& t (Initials) ~(lnitials) 13 . .... right to seek a court ordered determinetion and distribution of maritel property, but nothing herein contained shsll constitute a waiver by either party of any right. to seek , the relief of any court for the purpose of enforcing the provisions of this Agreement. 19. DISCLOSURE: Husband and Wife represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which either party has an interest, the sourcas and amount of the income of such party of every type whatsoever and of all other relevant and material facts relating to the subject matter of this Agreement. 20. MODIFICA TION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance on any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 21. PRIOR AGREEMENT: 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 have no effect. 22. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They have no effect whatsoever in determining the rights or obligations of the parties. 23. INDEPENDENT SEPARA TE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. It (Initials) -~ (Initials) 14 ~ ...'. .."'"' .'1;.. .'-" ......., ............ " ~ .f;,4..... ...~ ~1~~,~''''/,,,.I?i:~.~J7,~~, ~~~~~~~7, Y-r;:-'~: ~'~~:,:;;?i., (Q)Li~'~C~)~L.~1.i1EQ1~d_f('Q'i~ i ~(\~i'~,i i(~fti iC(Ar: (i~~7~ir;v'.;:. 'l."VYn"mn'''f'i'n"i"'fV'J'~'l''n''nn''n'"''#'m''nC',.j~'~fd':' ~ ~ 1;':\'fn~:~, ''<f.f.. ',"'-It'" ,.' ;.:'^'-~r'r",' '.. .........:.. - ....;-~ ~,. ~.. ~.' . I": i s ~ ~:, "'\, "h'" L", '" :s 'tl I ,.:11 ",I"':':' "~~"; lo" .t:! ,...iI \_-,..rJ/i I q'" ,l.... le U) . .'11L." , 'i' ~.. . a.t:! ,.. ~r :E I I ; ~ ~ ~ ~ ~ ~ ~ i ~ 1;l ~ 1 a/ 'B c( III ti ~ 5 ~ g ~ '!~!j ~ ,6 lfl c i Ql o.c'Eci .0 'tl 5 ,8 t g ~101O ~~ j I~ .j s ~~o ~8 ]I\!!8 --l'.l ~ ~ ~ ~ ,- ~~8"~~ O!'O 3~ Iii 'I ~~5~ oS.. ,!!I',S; S ~ iil CD .., ca u .- .... .- ~ ~ z CD S U a. ... Z 10 0 a. 0 ii .- i= f ~ .c <t en u L. :; Ql U ~ CD B .a w ...... E II: .!!! ....-4 <t 1II ~ CD I ~ 't:J~ :E en w 00 ::iE .... 0= - i= I>l ca .- 0 c c ~ ClJ l- ID CIJ ~ QJ 0 0 ~ ED == ..d ... 04 N ~ C'l "- '" ,.- ':<I' fo-' 8 +:( r .~ l.:' ;c )~r :r ....: .,', :;j .'~1 "',... M . .:!2 4..~ N :.,.~~ [.ClJ! ~ ,!: L.; ,'"1 w '5 ~ ,n C"I U ~ N ~ N ~ .. :31 ~Q S3 ~~: r.: :;~ ....: ," ..., '~ L. ~ N " U:1-L L\ .'il u.l -.1 a. ~h Q ... I..!"') '5 0 0' u TAMMY D, BARNETT , . IN THE COURT OF COMMON PLEAS . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . NO:4-5~?1 CIVIL . v. . 1994 , RICHARD D. BARNETT, Defendant IN DIVORCE COMPLAINT AND NOW comes Plaintiff, Tammy D. Barnett, by her attorney, Xent H. Patterson, and files this Complaint in Divorce, ba.ed upon the following: COUNT I COMPLAINT IN DIVORCE 1. Plaintiff, Tammy D. Barnett, is an adult individual who resides in Cumberland County, Pennsylvania and has an address at 6046 Edward Drive, Mechanicsburg, PA 17055. 2. Defendant, Richard D. Barnett, is an adul t individual who has an address at 12 Seabury Lane, Downingtown, Chester County, Pennsylvania 19335 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on March 7, 1987 in Mechanicsburg, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. Plaintiff and Defendant are both citizens of the United States of America. 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 thil action is based are (a) the marriage is irretrievably broken and (b) Defendant has offered such indignities to Plaintiff, the injured and innocent spouse, as to render her condition intolerable and burdensome. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT II EQUITABLE DISTRIBUTION 10. The averments contained in paragraphs 1 through 9 above are incorporated herein by reIerence and made part hereof. 11. Plaintiff and Defendant have individually and jointly acquired real and personal property during the marriage, in which they individually or jointly have legal or equitable interests. COUNT III ALIMONY 12. The averments contained in paragraphs 1 through 11 above are incorporated herein by reference and made part hereof. 13. Plaintiff lacks sufficient property to provide for her reasonable needs. 14. Plaintiff is unable to sufficiently support her.elf through appropriate employment. -2- COUNT IV ALIMONY PENDENTE LITE COUNSEL FEIS, COSTS AND EXPENSES 15. The averments contained in paragraphs 1 through 14 above are incorporated herein by reference and made part hereof. 16. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 17. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and unable to appropriately maintain herself during the pendency of this action. 18. Plaintiff's income is not sufficient to provide for her reasonable needs and pay her attorney fees and the cost of this l1tigati/m. 19. Defendant has adequate earnings to provide support for the Plaintiff and to pay ~er co~nsel fees, costs and expenses. COUNT V CUSTODY 20, The averments contained in paragraphs 1 through 19 above are incorporated herein by reference and made part hereof. 21. The parties are the parents of the following unemancipated children who reside with Plaintiff, Tammy D. Barnett: Name Date of Birth Stephanie D. Barnett Kyle J. Barne'tt Shannon T. Barnett July 16, 1987 July 3, 1992 October 21, 1993 -3- 22, During the pa.~ five y.ar., the children have re.ided with the parti.. at the following addrel'.': 'arty Addre.. Date. TUIIlIY D. Barnett 4810 Hikey Street Dec 1981 to Richard D. Barnett Dover, 'A 17315 Mar 1992 TUIIlIY D. Barnett 12 Seabury Drive Mar 1992 to Richard D. Barnett Downingtown, PA 19335 Aug 1994 TUIIlIY D. Barnett 6046 Edward Drive Aug 1994 to Mechanicsburg, PA 11055 Present 23, Plaintiff has not participated as a party or a witne.., or in any other capacity, in other 11 tigation concerning the custody of the children in this or any other court. 24. There are no other proceedings pending involving the custody of the children in this or in any other state. 25. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or claims to have custody, partial custody or visitation rights with respect to the children. 26, The best interlilsts of the children will be served if custody of them is confirmed in Plaintiff, Tammy D. Barnett, since Plaintiff had been the primary caretaker of the children during the marriage and has been their primary caretaker since separation. WHEREFORE, Plaintiff, Tammy D. Barnett, request. Your Honorable Court to: (A) Enter a Decree in Divorce; -4- VERIFICATION I, TAMMY D. BARNETT, verify that the statements in the foregoing Divorce Complaint are true and correct to the best of my knowledge, information and belief, I understand that false statements herein are made subject to penalitles of 18 Pa C.S. 4904 relating to unsworn falsification to authorities. ~ ~lalj)'l'nMtt:/- TAMMY 0 ARNETT Date: 9-ltJ - 9'-/ " 'J , , :t: " - , " -.... -r .0 ;t: '-' 'i.. -q.. :I;- j , ,:) ~ ','I -:::r- "'7 f:J q <..J """::t- oo en t,) G \3'0 ~ - In 0 " oJ '::t- .!1 ~:: U '..:;s G:.. - - ~ ." 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Cattilht<J 1=90 ." tJ ~;I"'01Ih""r'fht. n,,"ld.,;h..1 a.liv",~ r.... .J .".';0 H/llurn RI,r..pl Sl'IOwino i 10 WhGrn .to 01\111I D.thvltfll<l 0 - ""Iurn Re<;fllPI ShUWfOlJ In WII"!!! ~ Oillv, , AUd'''u <)1 Otdlv~ry g :u::.:-. Po:'::Q~ .. $ GO ~11itr~~ ~ ~ '\ .-" # \ ~ /~_~ ~?:J: \ Q. '. ,,--"";;'~'''::-~~''-'''''~-~_l",-:l[- ..l{ . 1 1\ It , a. ,e. Me lAijontl '1 PI form ,0.0_1991 .u.&. QPO: t_ -- DOMESTIC RETURN RECEIPT , I 1 ) ~ - ~ N t~ 9 ~35 S;: ::r: ',.> I" .", -J <;, c'l :~g '.- <.c. N ii lL <...: ;1~ ~ L... :.H ~ :5 l\ U) en U ,.o? ---. ~ '-' j ) .....- . . TAMMY D. BARNETT, Plaintiff, · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA . vs. · No. 94-5579 CIVIL TERM . RICHARD D. BARNETT, Defendant. . · IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint In Divorce under Section 3301 (c) of the Divorce Code was filed on September 29, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing 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, ,4, I have been advised of the availability of marriage counseling, and being so advised, I do not request that the court require my spouse and myself to participate in marriage counseling, I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S, Section 4904 relating to unsworn falsification of authorities. Date: December 16, 1996 ( {'hJ//;/j D ,,1u.vlrtf, Tammy 'Barnett !' :/ I ~ - '>- N '- '~ 9 ;-'j )~ ~~ ~ -~~ ~'~ .. ~~f' M j~ L__ N \.... L' ,i!E r': l~, Q :?5 u. U) 0 0\ U , . TAMMY D, BARNETT, Plaintiff, · IN THE COURT OF COMMON PlEAS · CUMBERLAND COUNTY , PENNSYLVANIA . VI. · No. 94-5799 CIVIL TERM . RICHARD D. BARNETT, Defendant, . · IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301 Ie) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2, I understand that I may lose rights concerning alimony, division of proper(y, la)Nyer's fees or expenses if I do not claim them before II divorce is granted. , . 3, t 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 immediately after it is filed with the Prothonotllry, 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. Dated: December 16, 1996 , Ji)J~;}tJ.)"~ u~ Tammy D amett ~ - '?: N -. r sa >~ ) - '1.'- ~ i~ ~ ;Q: i'" .., ,:~ e. ~.. "I :~~ fE' u - ~, , ~ Q ~ 'j-, ." 0 (7\ . . TAMMY D. BARNETT, Plaintiff , · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA . VI, · No, 94-5579 CIVIL TERM . RICHARO D, BARNETT, Defendant, . · IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint In Divorce under Section 3301 (c) of the Divorce Code was filed on September 29, 1994, 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days hav& elapsed from the date of the filing 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, 4. I have been advised of the availability of marriage counseling, and being so advised, I do not request that the court require my spouse and myself to participate , in marriage counseling, I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S. Section 4904 relating to unsworn falsification of authorities, Date: II /.;.) /9'6 f I ~j; /7(":) // J;I~/$J Richard D. Barnett ~ .... ... ('00, <ii ~~ g ~. ......: ;~ ~h <') > ~ . ~ .~~ ri: ':~ _ L' I.. .J} f.- C -. u_ \J") a 0 Q\ .' . " ?i: '- iN ':4 , ,~ 9 :;$ ). ~: < .~~ r. ;ti r-, C~J L~ N l: '-' 1~ ..~ r::' 1..' 1 Co;" a L~ " ~o () C'\ " . . . .. ... ,. TAMMY O. BARNE't"I', IN THE COURT or COMMON PLEAS Plaint:.LU : CUMBERLAND COUNTY, PENNS1INANIA vs. No. 94-5579 : CIVIL ACTION - LAW RICHARD D. BARNETT, Defendant IN DIVORCE 'l~l~lO' TO PRIVI~ DlS81PA~lO' or MAAITAL ASSITS Petitioner Husband, Richard D. Barnett, files this Petition for Injunctive Relief, and in support thereof, avers ae followe: 1. petitioner is the Defendant in the above-captioned divorce action. 2, Respondent is the plaintiff in the above-captioned divorce action. 3. Wife flIed a Complaint in Divorce on S~ptember 29, 1994, requesting economic relief, including a request for equitable distribution. 4. Wife has indicated that she will not fairly divide the parties' personal property. 5. Based upon Wife'e statements, Husband believes that Wife will either eel 1 or conceal joint person~l property to defeat his claim to an equitable distribution of thie marital property. 6. part: Section 3323(f) of the Divorce Code provides in relevant In all matrimonial causes, the court shall have full equity power and juriediction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this act, and may grant such other relief or remedy as equity and justice require against either party . 7. Section 3505(a) of the Code provides: Where it appears to the court that a party is about to remove himself or herself or his or her property from the jurisdiction of the Court or is about to dispose of, alienate, -.Q f\. ~~ ~ - - >- n; ;.J.: we-.' c...,;' r:~ ' [I, .' ~}' ~jc.:. i:i.,".i t-- u. () .1 4 ): If) .:r c;, ]f~ .:... f; / ~,~~:; \,.,):-.. .j::} .~ - ~. (.;;; ""}~~ ~L -.i' l"'""- t,~;t: .c..~ -;) o N I ::."~ .--:: --, l.'" c.n . . ~ 0 i'.: -. ~ N :54 ~{:; ::""1 ~; ('" :--:: IJ--' G:-.-- c.- o :;'.~: ~C .-.... -;- r- -\.;J -L~. I;'" .- :....~ ~. ":J(j u:\- '" :..:.)~.. ~-.:: - :5 l'. '-0 C' Co' c:.;l -'-' "..'. .,,-,~-:',~ ~:. ~;;;~{~~t['~~^lQ . -:t"i:;~', l:{:~; '_::~~ ._.~;;-'._-: . -;-, 0:40< i",-': .. '';~; ! TAMMY D. BARNETT, plaintiff IN THE COURT or COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA v. I NO. 5579 S 1994 I I CIVIL ACTION - LAW RICHARD D. BARNETT, Defendant IN DIVORCE AJ'I'IDAVlT or IIl'l'EN'1'ION TO USUIIJ: PRIOR StJIIIP-.JlI: COMMONWEALTH OF PENNSYLVANIA COUNTY or DAln'HIN Tammy D, Barnett, being duly .worn according to law, depose. and says that she is the Plaintiff in the above-captioned divorce action in which a final decree from the bond. of matrimony wa. entered and she hereby elects to re.ume her prior surname of DILLER and, therefore, she gives this written notice avowing .aid intention, in accordance with Section 2 of the Act of December 16, 1982, P.L. 1309, No. 295, 54 Pa. C.S.A. 704. " ., -_~.//J/ntrl'{" 'i1JIJ!Hf Tammy D. arnett To be known aSI Sworn and sub.cribed before me thi....tJ7l.... day of -::;::'",('~".j",,- , 1996 ...,'! ..; . '.:t1l)'(1''''..'I\ AI }/lbU Tammy L. Dlller , ~ '--y 12:7.1("".,.::/ /?i~~:-IJn<---- floury Public My co"mission expires: Notartal Seal Ka1Ilryn S PanU""", Notary PIbIc "iJtrlsbu:(<l C.ilJ~nln County My Cl,JmmlS3lon E;l'DH~S M;lY 22, 2000 j'; ~ Ii '.. -. - ~ r') ,. ('": .. ~ iU. ,:'~j ,,'f' ~ ~,! , .... ; \ U- '. d! ""4 f\ J . C' - ..J C"; ~ l- \ _._; Cc ,. - , f\ ~ ,. .. ...... , .~ .~) TAMMY D. BARNETT, Plaintiff, . IN THE COURT OF COMMON PLEAS · CUMBERlAND COUNTY, PENNSYLVANIA . ..,.. · No. 94-5579 CIVIL TERM . RICHARD D. BARNETT, Defendant. . · IN DfVORCE PRAECIPE FOR WITHDRAW OF APPEARANCE Please withdraw my appearance on behalf of Defendant. Richard D. Bamett. In the above captioned matter without prejudice, Da~---!1fJ/-(61 ~ Edward J, Weintraub. Esquire PRAECIf'E.JO EKTERAPPEARANCE , Please enter my appearance on behalf of O'3fendant. Richard 0, Barnett, In f the above captioned mattar, Date: -0/:1 <lk)( " ~"<4L~ Gerald Robinson, Esquire :>-0 co ~~ t~ c;;:: ~~ .:; , ' ;~;( , -J:: (.) fC~ , ..... '11 .1..- "l' '._ ,0 !,. ~ ,.,. I J ." ' ,_co ~ tit ,- ~ - a ....~. Cl