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Home My WebLink About96-00141 i . I ~I I I \ ~ .' i , ' , . . l ; , ."i ;' ! .~. I kl'l .,' i ,~ '".,1,'" ',l ~-, 1'" ; I i i ~':',Il. ~ I II' 01 jf j ri.'. I ~ - . ~ \ .. 'i- i --- \! "j- - I ~ 0- ~~ " , \ I . " . , . , ( -~------~--~~~~~-~~~~~~-~-~-~~~ t --. . -------..-..-........-----"'"---.-..-..---.... ... ...-------...1' t ~ , IN THE COURT OF COMMON PLEAS · . . . OF CUMBERLAND COUNTY . ~ . : STATE OF ~, PENNA. : . . . . . ."CINDY L., BARRICK q . . Plaintiff,: NI). ,~,~-:-H.L~iv,g.,,!~.!:m . . : "Vtll'SlIH ~ : LARRY D. BARRICK ,i ~ , Defendant: . . . A ~ . . . D E C R EEl N :, . . : DIVORCE · ~ . ..:t;~ " I AND NOW, .. , .. t>&.. c.1.. ,1.1.. .. .. .., 19 ..~L, it 15 ordered and ! ;.; decreed that ""","'" 9~,N,~V. ~'" ,~{I~,R,~C;!<" , , , , , , , , , , , , , , , " plaintiff, ~ ~ . . and . .. .. .. .. .. .. , J.flijlff, p.. .13T\RijICJ<.. .. .. .. .. , , .. .. .. .. .. .., defendant, i;i t: !I: _ 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 '. :, b t d I!I ~ een en ere ; M . None 8 . """,."",.""""""""",."""""""."""""."".".,.,"', M ,,, ........... ... .,.'.... ..., .,.. to .... ...., t.,.. "'" " fly The Court:..I1 : . ~ ~I ~ K ~tb. , rnthollotory l!l ~ ____..-.___..___....._____........-.._...--....._., .._........... ._~, ' , " , . ., .IJit . ---------~~-~---------------- ,I(),/19" LV (~ ,t;qdt ~ c~ ~ It) 'II-fit ~ ;uc-....a, ~ 4 3d~ , , . - . IN THE COURT OF COMMON PI,EAS OF CUMBERI,AND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW : . . . . Plaintiff . . QU-141 UV'II fmlt . File No. . . . vs. . IN DIVORCE . : . -krry b. fturick. . . . Defendant . . NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter. having been granted a Final Decree in Divorce on the -.JL day of~. 19 'Iv . hereby elects to resume the prior surname of ~ . and gives this written notice pursuant to the provisions of 54 P.S. 5 704. DATE I ~'1?~1 ~~~ Big ature 1lUut~ ~ (~ sign~~~~~ of name being MUf ~, W~ resumed COMMONWEALTH OF PENNSYLVANIA: I SS. COUNTY OF CUMBERLAND On the /r::f) '4t day of U2-. 19!1.L. before me. a Notary Public. personally appea the above affiant known to me to be the person whose name is Bub cribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In WitnesB Whereof. I have hereunto set my hand and official Beal. ~ut-JtuJ ~~ 1) Notary Public ., -J.......... ~ .J. ~ ,.. C:; ;i I"<) N ..' ~ r .. ::j ~ '.):,i ~j :It: :..J~ () I..: ... "t>: C' '..,: () a; M : r!tl ~ - .I~ ~ !tH ~ ~~ ~ ~. ,- I~. ,.. :S (,) Q1 0 CINDY L. BARRICK, I IN THE COURT or COIOlON PLEAS or Plaintiff I CUlllJDLAND COUNTY, PENNSYLVANIA I v.. . NO. 96-141 CIVIL TERM . LARRY D. BARRICK, . . Defendant I In Divorce ....a~.. ~ ....~.%, ..eaaD , To the Prothonotaryl Tran..it the record, together with the followinq inforaation, to the Court for entry of a divorce decree I 1. Ground for divorce I irretrievable breakdown under section 3301(<:) ~ of the Divorce Code. inapplicable .ection.) 2. Date and .anner of .ervice of the complaintlby certified mail/reat.rict.ed dAl iVArv noon nAfAnnAnt on LTanu;:Iry 7c;, 1 qq,;, (Strike out 3. (Co.plete either paragraph (a) or (b).) Date of execution of the affidavit of con.ent (a) required by Plaintiff I Section 3301(c) of the Divorce Code: October 4, 1996 : by Defendant September 27. 1996 . by the (b) (1) Date of execution of the plaintiff'. required by Section 3301(d) of the Divorce Code: N/A affidavit . (2) Date of .ervice of the Plaintitff. affidavit upon the Defendant: N/A . 4. Related claim. pending: none !I. Indicate date and manner of service of the notice of intention to file praecipe to tran.mit record, and attach a copy of .aid notice under Section 3301(d)(1)() of the Divorce Code. , Griffie, EsqUire " . [.;: en i~' ,,-; .- III~-" ~'J , - (). .J: ..: [1::' .. J:..: ,l,..:; iJ.. 9' ."!::.=} i.:, .... '(:I " , I ~ ?~ ... 1-' (--', ,) (.:';: . .1. . , ,. ;j . -._;. , . . . ~ CINDY L. BARRICK, I IN THE COURT OF c..'OMMON PLEAS OF plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I CIVIL ACTION - LAW I 'Il, /'1, CIVIL TERM LARRY D. BARRICK, Defendant . IN DIVORCE . NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will procead withcut you and a decrae of divorce or annul.ent .ay be entered against you by the court. A judgaent may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you .ay requsst marriage counseling. A list of marriage counselors 18 available in the Office of the Prothonotary at Cumberland County Courthouse, carlisle, CUmberland county, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAD THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland county Ccurt Administrator 4th Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 (7\7) 240-6200 f . CINDY L. BARRICK, Plaintiff I IN THE COURT or COMMON PLEAS or I CUMBERLAND COUNTY, PENNSYLVANIA I v. CIVIL ACTION - LAW ., f. . I '/1 CIVIL TERM IN DIVORCE LARRY D. BARRICK, Defendant 00"_1.&%'" III Dlva.a. comrr I 1. plaintiff is cindy L. BarriCk, an adult individual whom has been residing at 10 Countryview Estates, Newville, CUmberland county, pennsylvania, since August 1994. 2. Defendant is Larrj D. Barrick, an adult individual currently residing at 1807 willow Road, Carlisle, cumberland County, Pennsylvania, since March 1995. 3. plaintiff is a bona fide resident of the Couonwe.lth of Pennsylvania and has been so tor at le.st six aonths iuediatsly previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 1, 1982, in Carlisle, Cumberland county, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United states of Aaerica or its Allies. 7. Plaintiff has been advisecl of the availability of counseUng and the right to request that the court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. .! . , 8. Plaintiff and Defendant are citilens of the United state. of Aaerica. 9. The parties' aarriage is irretrievably broken. 10. Plaintiff de.ire. a divorce and it i. beUeved that Defendant will after ninety (90) day. trom the date of the filing of this complaint consent to this divorce. WHERErORE, Plaintiff reque.ts your Honorable Court to enter a Decree in Divorce under Section 3301 (c) of the Do.e.tic Relation. Code. COIJIIIII I I INDIGNITIES ll. Paragraphs 1 through 10 are incorporated herein by reference a. if .et forth in their full text. 12. Defendant ha. committed such indignities upon the pereon ot the Plaintift, the innocent injured spouse, a. to make her concSition intolerable and life burcSen.ome. WHEREFORE, Plaintiff reque.ts your Honorable Court to enter a divorce pur.uant to 23 P.S. Section 3301(a)(6). E , ASSOCIATES re Date: J/~}?" ~ ~ {., '..Ii ,;I t~ " ." '" a (;: ", ... ...,1 c....:- r-: ,:.: p:;D .. j _'0' f'- ('J , I ej. j 1: , Ole ~.. . .' 6,\' C;J ..,,0.. -. I. il..I' :-' r , " i - 0' () t.. :-j v' el - '\ ~ I~ @l8 !=~ 8~a ~~~ ~@le . . .... ~.... tl:r:l ~!:l ~~ . ~ >< ~ ~ u . III :> ,jJ ~!:l Io:lU U'tl ~s:: ~:l lQ~ . c ~ " r.l U Ill: g ~ C Z ~ Eo< Z ~ < ~ 111 :E: o U VI III ~ ~ w U- :.> = 1'1 ; 11I- o .J i 0 VI ~ ~ VI, < 4( E P. ., z :I: ~ !!! ~n ll. < Z ~ !!: 8 a: N (,!) , . l' ~ n, .. j - ~ ~ oS; .. z .. .. - . well .. :r " ~n z . .. I -3 CINDY L. BARRICK, I IN THE COURT or COMMON PLEAS or Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . I v.. CIVIL ACTION - LAW . 96-141 CIVIL TERM . LARRY D. BARRICK, . . D.f.ndant I IN DIVORCE A..IDAVIT O. COK..MT 1. A Complaint in Divorce under Section 3301(c) of the Divorc. Code waa filed on January 10, 1996. 2. The m3rriaqe of Plaintiff and Defendant ia irr.trievably broken and ninety (90) days have elapsed from the data of the filing of the Complaint. 3. I cona.nt to the .ntry of a tinal D.cr.. of Divorce aft.r service of notic. of intention to requ..t .ntry ot the d.cr.... I VERIFY THAT THE STATEMENTS MADE IN THE rOREGOING ArrIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa. C.S. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE I t1ctvl:u ~, 1-1% ilU/J M ~uCC CIND~L. ARRICK Plaintiff CINDY L. BARRICK, IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. CIVIL ACTION - LAW 96-141 CIVIL TERM LARRY D. BARRICK, I Defendant I IN DIVORCE ...I".R O. .0'1'10. O. 11I'l'.1I'l'10. 'l'O "OU..'1' .II'l'RV O. .. DlvaRO. 0.0... u.n.. I.c~ro. 33DlfCI o. ~B. D%VORC. COD. 1. I consent to the entry of a final decree in divorce without notice. 2. I ul.derstand 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 immecSiately after it is filed with the Prothonotary. 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 to authorities. DATE I OttolXl ~, mil ~{jI!J.,tl~l~ ~Ullf CINDY L. BA ICK Plaintiff . .. (H I" ';", i- (~~ i ~:: ,n, "1:.- (,2( ..... . . . ft.., . ~-: ~ 9; .., .. I ~ II" I '. L;l fI:" ' 1-+- !;fj (" ,(.;. 1": L; l', l.f) , '-' (;-, .' v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-141 CIVIL TERM CINDY L. BARRICK, Plaintiff LARRY D. BARRICK, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT. ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301/c\ OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 10, 1996. 2. Defendant acknowledges receipt and accepts service of the Complaint on 3. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notIce. 5. I understand that I may lose rights concerning alimonr' division of property, lawyer's fees or expenses if I do not cIa m them before a divorce is granted. 6. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 7. I have been advised of the availability of marriage counselling and understand that I may request that the court require counselling. I do not request that the court require counselling. 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 to authorities. DATED: '1.).).") I q CD ~1f~AI~~ ry . Barrie , -Defenaant '" <", I.. " .'. c: ~~ " ,. VI! -:.~ ) ~ ,J,' C. " '. ': .' !.~ ," c'... (J'.. " f,J, t:'::. .".. lit, ("'; ~ .'.1 l1.J,., 1."L. .; iJ. I, ""-1 (..; it:... /', I,') ~ '., . {.', (j CINDY L. BARRICK, I IN THE COURT or COMMON PLEAS or plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I vs. CIVIL ACTION - LAW . . LARRY D. BARRICK, 96-141 CIVIL TERM Defendant IN DIVORCE ".%Da.!~ O. ...vle. AND NOW, this 29th cSay of January 1996, comes Bradley L. Griffie, Eequire, Attorney for Plaintiff, Cindy L. Barrick, and etates that he personally mailed a copy of a Complaint In Divorce and a Petition For Alimony Pendente Lite ancS Interim Counsel Fees to the Defendant at 1807 Willow Road, Carlisle, PA, by certified mail, restrictecS delivery, return receipt requestecS. A copy of saicS receipt is attached hereto indicating service was made on January 25, 1996. Sworn and subscribed to this J9 t;j day of January, 1996. ~t&.~~4t-"- NOTARY B IC Notarial Seal Robin J. Go.horn, Nolnry Publlo Call1lle Bora, Cumt,olland County M~ Cnmml..lon e,pl"",^p,1I11, 1919 , , ~ " i';: '- ~. N [-: j'.~ c."':) :)..,. , l1.rJ , :1__) (,?' . ." I.';,' . I'J:"} ,..... "';j ~i;: ........:. " (eI) . , ~ '. - );:,~ RI, CJ "jf.!) lL; 1-: I.,; IU.. L,_ Lt. \C. :::'J \..) " , U " \ ( CINDY L. BARRICK, . IN THE COURT or COMMON PLEAS or . Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I vs. I CIVIL ACTION - LAW . ...- (Ii.. 1'/1 CIVIL TERM . LARRY D. BARRICK, . . Defendant . IN DIVORCE . .."I!l'IO. M. U.:r1lO1fY ..III).II'l'. L:r". AIm 1"..1. OOU...L .... AND NOW, comes Petitioner, Cindy L. Barrick, by ancS throu9h her counsel of record, Bradley L. Griffie, Esquire, ancS petitions the Court as followSl 1. Your Petitioner i. the Plaintiff in the above-captioned divorce action docketed as indicat~d ancS i. an adult incSividual who resides at 10 Countryview Estates, Newville, CUaberlancS County, Pennsylvania. 2. Your ResponcSent is the above-named Defendant who i. an adult individual believed to be residing with his parents at 1807 Willow Road, Carlisle, CUmberland County, Pennsylvania. 3. The parties are the natural parents of three children, namely, Justin Charles BarriCk, born November 27, 19821 Joshua Ja.es Barriok, born September 21, 19861 and Christopher Dean BarriCk, born Ootober 27, 1987, all of whom are in the pri.ary physical custody of the Plaintiff as refleoted on the Order of Court entered on March 17, 1995, which is attaohed hereto and incorporated herein by reference as Exhibit "A". 4. The Defendant is presently employed with CreeUne Plastio Pipe and has an income in excess of $32,000.00 per year. 5. The Plaintiff is presently e.ployed with CuaberlancS Woodcrafter. at an income of approximately $17,000.00 per year. 6. The Defendant is under an Order to pay child support in the amount ot $110.00 per week for the partie.' three children. 7. The Plaintiff is unable to provide for her ancS her childran's basic need. on her present income and the child support received from the Defendant, while at the same time, prosecuting the present divorce action, which ha. been nece..itatecS by the Defendant's refusal to initiate these proceedings. 8. The Plaintiff ha. engaqed counsel to repre.ent her relative to the instant divorce proceedings ancS is unable to provide for payaent ot the necessary retainers and payment of fees tor .ervices due to her limited income. 9. The parties have been separated since August of 1994 and have anticipated receiving a divorce since that time. 10. The Defendant acknowledge. that the parties will be divorced ancS in fact, has involvecS himselt in another relationship, turther evidencing the fact that he does not intend to reconcile the .arriage, or have any desire to reconcile the marriage. 11. Despite the present situation of marital discord at .eparlition, the Defendant ha. continually indicated that he 18 not going to spend any funds to conclude the parties' separation through an appropriate divorce proceecSing. . WHERErORE, Petitioner reque.t. yoar Honorable Court to enter an Order providing for the Defendant to provide Plaintiff with aUmony pendente lite and interim counsel tees in these proceedin'ls. Respectfully sUbmitted, GRIFPIE , ASSOCIATES BYl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA .... :".il CINDY LEE BARRICK, Plaintiff v. CIVIL ACTION - LAW IN CUSTODY LARRY D. BARRICK, Defendant NO. 94-4522 Civil Term ORDER or COURT AND NOW, this I 7:/t. day of "111,..,tlu, 1995, upon consideration of the attached Agreement Regarding Custody, it is hereby Ordered and Directed that: 1) The parties shall have shared legal custody of their minor children, Justin c. Barrick, Joshua J. Barrick, and Christopher D. Barrick. 2) The Mother, cindy L. Barrick, shall have primary physical custody of the children, subject tot he following periods of Father's partial physical custody: a) From October 21, 1594, on alternating weekends, beginning at 5:00 p.m. on Friday until 7:00 p.m. on Sunday. The parties agree to be flexible and accommodating to potential schedule changes and/or special activities or emergencies. should it be necessary for the parties to trade weekends, the parties will always revert back to the original custody schedule for the remaining weekends. b) Beginning October 17, 1994, on the Mondays and Wednesdays following Mother's weekend from 5:00 p.m. to 8:00 p.m. - EXHIBIT "A" - c) Beginning October 24, 1994, on Tuesday 5:00 p.m. to ,I, ',l,8:00.p.m.',antt.'Thursday frol1\' 5:00 p.m..overnight,thr.ough delivery'..' "0,1, to the children's school Friday morning. .' d) At least two (2) weeks of custody during the children's summer vacation from school. The parties shall discuss and agree to this period of custody at least thirty (30) days prior to Father exercising his right. A week is defined as beginning on Friday at 5:00 p.m. and ending on the following Friday at 5:00 p.m., unless the parties agree otherwise.' e) The parties agree that they will be cooperate and b. as flexible as possible with regard to custody for any holiday, birthday or extended vacation period. They agree' to discuss and agree to the holiday and birthday schedule at least two (2) weeks prior to any holiday not specifically mentioned in this Agreement. If a holiday falls on a weekend, the holiday schedule agreed Upon by the parties will take precedence over the normal custody schedule. Once a schedule is established for any particular holiday or birthday, custody of the children shall alternate between at her and Mother every year according to that same schedule. f) Mother shall have custody every Mother's Day and Father shall have custody every Father's Day. g) The parties agree that they will be flexible and as accommodating as Possible with the transportation of the ch ildcen. h) Such other times as the parties shall agree in writing. BY THE COURT, ,,'.". ... ,......-1 , '.. '. ",:,rnr"' t. ..... .., 1 '. ' ~'I h,:n~ - -,:-.'. .. . . ~. . I I . . . ..:- ~ . ".' ... ~ .. . ,".:., j' J. i;.: 1?:II. (1;,'1 ar,~~~.", 19....9.;~- _.."...._'~.\~~;p~~~~.~... . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY LEE BARRICK, Plaintiff , . v. CIVIL ACTION - LAW IN CUSTODY NO. 94-4522 CIVIL TERM LARRY D. BARRICK, Defendant AGREEMENT REGARDING CUSTODY ~ THIS AGREEMENT, made this ~day.of October, "1994, by and between LARRY D. BARRICK of plainfield, cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband" and CINDY L. BARRICK of Plainfield, Cumberland County, Pennsylvania, party of the second part, hereafter referred to as "Wife". WITNESSETH: WHEREAS, husband and ,.,ife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six (6) months; WHEREAS, certain diverse, unhappy differences have arisen between the parties hereto which have made them desirous of continuing to living separate and apart from one another; WHEREAS, there were three (3) children born of the marriage: JUSTIN CHARLES BARRICK, born November 27, 1982; JOSHUA JAMES BARRICK, born september 21, 1986; and CHRISTOPHER DEAN BARRICK, born october 29, 1987; 1 , WHEREAS, it'is the intention and'purpose of this _' ~~reement to set forth the respective custody, visitation-and ci:ild support rights and duties of the parties while they continue to live apart from each other; and WHEREAS, the parties hereto have mutually entered into agreement for the custody, visitation and support of their minor children , after both have had full and ample opportunity to ~~nsult with their respective attorneys, and the parties now wish i:~ have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of ~ile mutually made and to be kept promises set forth herein and ;cr other good and valuable consideration, intending to be l~gally bound and to legally bind heirs, successors, assigns, and .~Grsonal representatives, do hereby covenant, promise and agree ~s follows: I. CUSTODY 1. Except as provided herein, Wife shall have primary physical custody of the children, JUSTIN CHARLES BARRICK, JOSHUA JAMES BARRICK, and CHRISTOPHER DEAN BARRICK, subject to such ~easonable partial physical custody of Husband. 2. The Parties agree to shared legal custody of the children, JUSTIN CHARLES BARRICK, JOSHUA JAMES BARRICK, and CHRISTOPHER DEAN BARRICK. Each Party agrees to keep the other 2 appri.ed of important matters relating to the children's health, '. ... educat,ion/',welfare,. and activities. The parties further agree . that each shall have equal access to information concerning the children. .. 3. The parties agree on the following visitation schedule for the children: a. Weekends. starting October 21, 1994, Husband shall have custody of. the children "'In alternating weekends, beginning at 5:00 p.m. on Friday evening until 7:00 p.m. on sunday evening. The Parties agree to be flexible and accommodating to potential schedule changes and/or special activities or emergencies. Should it become necessary for the Parties to trade custody weekends, those weekends will change however, the Parties will ,always revert back to the original custody schedule for the remaining weekends. b. Weekdays. 1. Beginning the week of october 17, 1994/ Husband shall be entitled to visitation on Monday and Wednesday evenings from 5:00 p.m. through 8:00 p.m. This Monday and Wednesday night visitation shall be for the week after Mother's custody weekend. 2. Beginning the week of October 24, 1994, Husband shall be entitled to visitation on Tuesday evenings from 5:00 p.m. through 8:00 p.m. and Thursday evenings from 5:00 p.m. 3 overnight through delivery to the children's school Friday morning. c. Summer vacations. Husband shall have the right to physical custody ot the children for at least two (2) weeks during the children's summer vacation from school. Husband and Wite shall discuss and agree, thirty (30) days ahead of the scheduled time as to which weeks Husband shall have custody of the children. A week shall be defined as beginning on Friday at 5:00 p.m. and ending on Friday of the following week at 5:00 p.m. unless other arrangements have been made by the parties bet ore the week begins. d. Holidays. 1.) The parties hereto agree that they will cooperate and be as flexible as possible with regard to custody of the .child for any holiday or extended vacation period. If a holiday falls on a weekend, the holiday schedule agreed upon by the parties will take precedence over the normal custody schedule. 2.) Wife shall have custody of the child on every Mother's Day. Husband shall have custody of the child on every Father's Day. 3.) Husband and Wife shall discuss and agree on a custody schedule for the child at least two (2) weeks prior to any holiday not specifically mentioned in the Agreement, including but not limited to New Years, Easter, Memorial Day, 4 July 4th, Labor Day, Thanksgiving, Christmas, the children'. birthdays and each Parti's respective birthdays. It is the intent of the parties to establish a birthday schedule that allows each of the parties to spend time with the children on the children's birthcSay. 4.) Once a schedule is established for any particular hOliday, custody of the child shall alternate between Husband and Wife every year according to that same schedule. 5.) It is the intent of the parties that transportation of the children between parents for all purposes, but especially custody purposes, shall be as flexible and accommodating as possible. 6.) It is the intent of the parties to be as flexible as possible with regard to Husband's addition times of ,visitation. II. MISCELLANEOUS 1. 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. This Agreement may be modified by Court Order. 5 2. 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. 3. This Agreement constitutes the entire understanding of the parties regarding custody and child support and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties regar,ding custody or child support other than those expressly set forth herein. 4. 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. 5. In the event either party to this Agreement shall breach any term, covenant or other obligation herein, the non- breaching party shall be entitled, in addition to all other 6 remedies available at law or in equity, to recover from the breaching party all costs which the non-breaching party may incur, including but not limited to filing fees and attorney's feas, in any action or proceeding to enforce the terms of this Agreement. 6. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on ths parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this Agreement is the mutual benefits 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. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ~(~:U~ LJ / <:":< 0 " r:x (I. ~ ,.(), t<5..VA.A~ ~Larr D. Barr ck t,~(,.f" 1 /~!J / ' , ~~ Ci~ B~r ck 7 , . CINDY BARRICK, Plaintiff v. I I I I I I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LARRY D. BARRICK, Defendant NO. 96-0141 CIVIL TERM AND NOW, thiB ORDER OF COURT t\ ~ay of February, 1996, upon consideration of tha attached letter from Plaintiff's coun.el, Bradley L. Griffie, Esq., the hearing previously scheduled in this matter for February 29, 1996, is CONTINUED to Thurlday, June 13, 1996, at 1130 p.m., in Courtroom No.5, Cumberland County Ccurthouse, Carlisle, Pennsylvania. BY THE COURT, ~'w!':6 01 Bradley L. Griffie, Esq. 200 North Hanover Street Carli.le, PA 17013 Attorney for Plaintiff Edward E. Guido, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Defendant _ ~ (b~,<t .:J../Slfl/%' ~..f, Ire It., ',J,' ".,/ . <' ,;-',1,\";,/ :') r'" "' ' ... ! I l" .:., 't: . :.: ~'-;;J ~:J I' f'>.,...., ... _, ,I '1'-'/ ",_ ..,' ,- ..". ;...I~:"..I'l:j ,IJ , , ., GRIFFIE & ASSOCIATES ATTCIVlIV. AND COUNIILOflI AT LAW 200 ....... H_o ....IT C_u,'A t71113 (717)2."'"' '(1IlO)3ol7.5IU FAX" 7-243-1IOU ........ L. OIwN ~ Il c....... AooII N, ..... .... J, ao.- o..iCI Muulo February 27, 1996 C__T.....~ SurrI SSO, t. ....... ""'" ....IT C__PAt720t (7t7) H7.131O RI....l'O: Cullu The Hcnorable J. Wesley Oler, Jr. Judges' Chambers Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 REI Barrick v. Barrick Dear JucSge Oler: As your calendar will reflect lite ancS interim counsel fee. is ThurscSay, February 29, 1996 at Petitioner, Cindy Barrick. The Defendant/Respondent is represented by Ed Guido, Esquire. Ed and I had the opportunity to speak on this case, and we believe there is ample opportunity to resolve this ca.e in its entirety without the need of this hearing. I, therefore, requestecS the hearing be continuecS from the schedulecS date to be rescheduled at a later time. I uncSerstand that this likely will cause the hearing to be scheduled in May. Certainly if that is the ca.e that will give us sufficient time to resolve this matter and hopetully avoid the hearing in its entirety. a hearing on schedulecS in 3:00 p.m. alimony pendente front of you on I represent the Mr. Guido is in agreement with this request for continuance. Your attention is appreciated. Very truly yours, , ASSOCIATES BLG/lam co: Ed Guido, Esquire Cindy Barrick 200 NcIImo 1WGw. IN.. c.u..u, PI. 17013 (717)'0'''1 I (100) M7-I112 FAX 717...,.110I3 c-_T_1uoMG .... 110.14 NcIImo Moo. I"".. c-_, PI. lnol (717)"7.1310 . P' t ,. I , . ..... L. A... MicMLlI II, c....... ANoII iii, ...... IIlIIOoJ, ac.- c.... w.... GRIFFIE & ASSOCIATES ATTOIINEYIAND COUNSlLORIAT LAW June 13, 1996 1lI"'-. TO: C"",... The Honorable J. Wesley Oler, Jr. 4th Floor, Judges' Chambers Cumberland County Courthouse carlisle, PA 17013 RE: Barrick va. Darrink No. 96-0141 civil Term Dear Judge Oler: Please be advised that the Barricks have reached a final comprehensive agreement on their divorce case which will allow them to avoid the hearing that is presently schedulecS for Thursday, June 13, 1996 at 1:30 p.m. This is by agreement ot the parties and by agreement of counsel. Therefore, I respectfully request that you continue this hearing generally to allow us to complete execution of all the nec8ss~ry documents to cloae this case. Upon confirmation that all documents have been signed to close this matter, I will notify the Court and we will withdraw our petition that resultecS in the pending hearing. Your attention is appreciated. Very truly yours, BLG/rjg CCl cindy L. Barrick Edward E. Guido, Esquire VIA FACSIMILE . , ''1'1\\ nn!:. . ," \~'Ju I' ~U~, 1 '.' . CINDY L. BARRICK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 96-141 CIVIL TERM IN DIVORCE VS. LARRY D. BARRICK, Defendant PIA.eIP. Please withdraw the Petition ror Alimony Pendente Lite an4 Interim Counsel Fees and Expenses filed on behalf ot the Plaintiff in the above-captioned action. DATE I IO~'tc.. re ~- -. "r' ." .. f'-o hf~) (~: ,-(* CJr;- .) (I:.. ' " .! I. ~.. ~..L. :< 'y..-'- J.-J r:;.,' ('.1 IUl.i I ' ~i' -' ~ u;, , ,,' " ;, , .' ;~I:J I.L Le ..''-.1.. (.) I.. ~ I j ,-, . (J " ,',