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HomeMy WebLinkAbout96-00584 , .., .. - . ~~~~~~~~-~~-~~.~~~~~y~~~~--~-~~ ~. - -. e 8 : IN THE COURT OF COMMON PLEAS : i:i ~ OF CUMBERLAND COUNTY STATE OF * PENNA. 8 e e 8 e e V ~rsUg .................. II !I d 11 , :i .. . . " . . . . . . . I " " ,I d N (), .....?.\H..........., ..~"tv.U... 1996 '" ~ W 0;-' STACI L. BARENDS, ~ '.' ,', ~ ," ~ ." ,', ~ " 0;-' ANDREW F. BARENDS, DECREE IN AND NOW. .~..~ ~~.~. ~ l'fl~.~ O?:~~d p ,', ~ ~ <:' ~ ,; ~ ~ ~ ~ 8 ~ ~ ~.~ ~ a " decreed that ... ~~~.c:~. ~... .~<;i~~.~~~. . . .. . . . . . . . . .. .. .. ., .. . .... plaintiff. and . ..1}t;l~}:.~'t{. f....~'H'!3.Il':~~.......... ......................... defendant. are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; None. 8 8 ~ ~ 8 ~ ~ ~ _._---"- " ~''':' '*, oX. .:to;. ..... ..... .... ..... ............................. .........................., . .'rh~. .&ttac:ned. MrUal. .Se.ttleme.nt.l\gl;eement.;ia .inp.Ql;po.rAted. .into this Decree. : 'I, ,t?~~~./' . *OlhonOIOry . ...-......_,~-~,-~_.-.---_._....--,_.- ,._-."...,...-........_._._~,--._.-,._._-.,...,. ~-- ,~ .*----~-**-*------*~-~. ~ ~ ~ ~ $ 8 8 8 ~ . 8 * " ~ e ;.. 8 ~.; ~ ~ i .~ ~ i '.' .'~ ~ w '.' W ,:> ," ~ .', ~ ~ ~ l~ :.. I~ /' ;~ I':' I:c! /' I~ . . J r ,~ -~ ... J' 7~t Jd. ('77 /,,;.dl;d 4 ~~t 6.7.S7t >~ /J~ ~ djII. , ." . .., . . MARITAL SETTLEMENT AGREEMENT made this ;l ~ a~~/I THIS AGREEMENT, day of 1996, by and between STACI L. BARENDS of 17 South 27th Street, Camp Hill, Cumberland County, Pennsylvania 17011, party of the first part, hereinafter referred to as "Wife". AND ANDREW F. BARENDS of 148 Gilbert Road, Dillsburg, York County, Pennsylvania 17019, party of the second part, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, Husband and Wife were married on November 27, 1993 in Camp Hill, Pennsylvania; and WHEREAS, no children were born of this marriage; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at leaRt the past six months; and WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their , " ,. . rights to alimony and support; and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, 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 hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their 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 2 4 4 . to time at such place or places as they shall respectively deem fit free from any control, restraint, 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 provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject too any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and 3 ..........., '.~ ~ . represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever 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 for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce; and that nothing in any such decree, judgment, order of 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 4 .. . 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. 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 either of the parties hereto. Such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree. 2.4 The parties hereby acknowledge that Wife has filed a Complaint in Divorce in Cumberland County indexed to docket number 96-584, claiming that the marriage is irretrievably broken under the no- fault mutual consent provision of Section 330l(c) of the Pennsylvania Divorce Code. Husband hereby expresses his intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 330l(c) of the Divorce Code. The parties hereby waive all rights to request Court-ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the 5 4 . Pennsylvania Divorce Code. ARTICLE III EOUITABLE 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 the Pennsylvania Divorce 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 needs for each of the parties; the contribution of one party to the education, training or increased earning power to 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; the contribution or dissipation of each party in the acquisition, 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; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 6 .. . 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 Personal PrODertv. Wife acknowledges that Husband will receive as his sole and exclusive property: wine rack, television, VCRs, stereo, magazine rack, knife set, lamps, rocking chairs, coffee maker, antique bed, antique bell, microwave, futon, dressers in front bedroom, end table and tamp in sunroom, tools in garage except for the tools listed below that will be the sole property of Wife, and the proceeds from the sale of snowmobiles. Husband acknowledges that Wife will receive as her sole and exclusive property: all remaining contents, furniture and furnishings in the marital home not specifically listed as the property of Husband in the preceding paragraph; shovels given to Wife by grandmother, rake, snowshovel, weedwacker, hedge trimmers, and wheelbarrow, all located in garage; and the dog, "Maggie". Except for the above mentioned items, the parties acknowledge that they have divided their personal property to their mutual 7 " .0 .. satisfaction. The parties further acknowledge that they have the personal property in their possession that they wish to have and neither will make any claim whatsoever against the other party for any other items of personal property in that other party's possession. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to effectuate the intent of this paragraph. 3.3(a) Husband, upon 48 hours notice to Wife, may take the dog, Maggie, with him overnight, two nights a month, which nights mayor may not be consecutive. Husband agrees that he will not remove the dog from the Commonwealth of Pennsylvania during his periods of visitation with "Maggie". 3.4 Life Insurance. Each party agrees that the other party shall have sole ownership of any life insurance policies owned by the other party. Each party shall have the right to borrow against, cash in policies, change beneficiaries, and exercise any other incidents of ownership of the respective policies free of any right or claim by the other party. Each party agrees to sign any documents necessary to waive, relinquish or transfer any rights in such policies to the respective party who presently owns such policies. 8 .. 3.5 Subseauentlv Acauired ProDertv. 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 personal property acquired by the other party after Husband and Wife separated in September 1995. 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 Real Estate. The parties hereto presently own as tenants by the entireties certain real property situated at 17 South 27th Street, Camp Hill, Cumberland County, Pennsylvania 17011. Husband agrees to transfer all his right, title and interest in said real estate, now titled in the name of Husband and Wife, to the Wife, provided that Wife refinances the mortgage on the property and removes Husband's name from this obligation. Husband agrees to sign any documents necessary to waive, relinquish or transfer his rights in this real property immediately upon presentation by Wife to him, provided that Wife has refinanced the mortgage on the property and removed Husband's name from this obligation. 3.7 Pension. Retirement. Profit-Sharina. Wife agrees to waive, transfer, or relinquish any and all of her right, title and interest she has or may have in her individual capacity or as 9 ~' .. Husband's wife in any and all pension, retirement, profit-sharing, stock options, IRAs or similar accounts which Husband has secured or may secure. Husband agrees to waive, transfer or relinquish any and all of his right, title and interest he has or may have in his individual capacity or as Wife's husband in any and all pension, retirement, profit-sharing, stock options, IRAs or similar accounts which wife has secured or may secure. 3.8 wife agrees to continue to carry medical insurance coverage for the benefit of Husband until the divorce decree issues. 3.9 Vehicles The parties agree that Wife's vehicle, titled in her name, is non-marital as it was purchased one year before the marriage. Wife however agrees to be solely responsible for any and all payments due thereon. Husband is the title owner of a Chevrolet Suburban and he agrees to be solely responsible for the payments due thereon. The parties agree that, upon their execution of this Agreement, the Chevrolet Suburban shall become Husband's sole and separate property. Husband further agrees to remove Wife's name from the loan obligation on this vehicle and agrees to indemnify her and hold her harmless from said debt. 3.10 10 $900.00. , The parties acknowledge that they jointly owe remaining Federal income taxes for tax year 1994 in the approximate amount of $2,000.00. Wife agrees to be responsible for payment of $1,100.00 toward satisfaction of that liability and Husband agrees to be responsible for payment of the balance of said liability or about ARTICLE IV Alimonv. Alimonv Pendente Lite. Counsel Fees and Costs 4.1 Husband and Wife agree to relinquish any claim or right for spousal support, alimony, alimony pendente lite, counsel fees and costs now and for the future from the other. ARTICLE V Debt of the Parties 5.1 Each party represents to the other that since the parties' separation in September, 1995, 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. Each party will assume payment of their own existing credit card debt. There is no joint credit card debt. ARTICLE VI Miscellaneous Provisions 11 't-' ... 6.1 Voluntarv Execution. The parties hereto have had an opportunity to review this Agreement independently of the other, and have been informed of the right to have this Agreement reviewed and examined by an attorney of his or her own choice. It being clear to each party that Staci L. Barends has been represented by Jay R. Braderman, Esquire, and that Andrew F. Barends is not represented by counsel but understands the meaning and import of every paragraph of the within Agreement. Each party has been given an opportunity to read and review this document, and have this document read and review by his or her attorney prior to the signing of this Agreement. Each party acknowledges that the Agreement is fair and equitable and is being entered into voluntarily, and that it is not the result of any duress or undo influence; that by affixing their respective signatures to this Agreement is an indication that they have read this Agreement and are informed by its content. Each party is satisfied that an equitable overall result is being accomplished by the terms of this Agreement, and more specifically, it is a desire to each party to remain free of the claims of the other. 6.2 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes 12 ., whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such 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 Willi or the right to treat a lifetime conveyance by the other as testimony, or all other rights of 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 alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, 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. 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 13 ., 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 provision thereof. 6.3 Warranties. 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 or hold the other party harmless from and against any and all such debts, liabilities or obligations of every 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 parties' separation in September, 1995, except as is otherwise specifically provided for any the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both 14 -, parties and no waiver of any breach hereof or default hereunder shall bs deemed a waiver of any subsequent default of the same or similar nature. 6.5 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreemsnt. 6.6 This Agreement shall be construed in accordance with the law of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 6.7 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, SUccessors and assigns. 6.8 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. 15 " ~ 6.9 Severabilitv. 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 pa~ty 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. 6.10 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 Divorce Code of the Commonwealth of Pennsylvania. 6.11 Disclosure. The parties waive their rights to require the filing of financial disclosure statements by the other, although the parties have been advised that it is their legal right to have these disclosures made prior to entering into this Agreement and by entering into this Agreement without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement. 16 - 6.12 Enforceabilitv and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and 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 the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. 17 . . ~ IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY: 71t~ 4 ~?J~ ..:..... -- 18 " STACI L. BARENDS, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-584 Civil Term ANDREW F. BARENDS, Defendant PRABCIPE TO TRANSMIT RBCORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 33Bl (c) of the Divorce Code. 2. Date and manner of service of the Complaint: February 8, 1996, by certifeid mail, r~turn receipt requested, addressee only. 3. (a) Date of execution of the Affidavit of Consent required by Section 33Bl (e) of the Divorce Code: by the Plaintiff: May lB, 1996; by the Defendant: May 24, 1996. 4. Related claims gending: All claims were settled in the marital settlement agreement. Respectfully submitted, '. 5. Indicate date and manner of service of the Notice of Intention to file Praecipe to Transmit Reeord, and attach a copy of said notice under seetions 33Bl (c) or 3301 (d) (1) (i) of the Divorce Code: Plaintiff's Waiver executed on May IB, 1996 and filed on May 29, 1996; Defendant's Waiver executed on May 24, 1996 and filed on May 3B, 1996. Date: j-29-?t.- C:;;~-' .A'-?7~ JAY R. BRADERMAN, ESQUIRE CARRIE M. BOWMASTER, ESQUIRE Attorney I.D. No. 76226 126 Locust Street P.O. Box 965 Harrisburg, PA 171B-8-B965 Telephone: (717) 232-66BB Attorney for Plaintiff ~ -:-:~"~'.' -,'~'''_i~~'",i,.'_.~'' i I'.;. 'lo. --1 ~ t~ ,~ \. ~ ,V'l ~ ''f~ i >: t', t- o .... \.~ ;,:~n ". , L~ (j\ ll.lL, Cl( n: ' l;_, <.)~ f,; .. .11 l tLr I' I~. ~ ..-: " ~ C. I I (~. 'j U.' I." ,~ : ':-;l,d .', .L- ::'i U ....r.' G- \~ I 0 Z ;: ~ - c( Iii < ::E _ PI Iii II: will Z W a: ~ N W c Iii)(>! !:' u 0: c( Iii 0 III E lL II: ;) lD Z 0 w ID 8 . Z ~ ~ Ow . ....I o:n. :r a: 1Il <5 ~ w ~ ~ - ~ w t- .., III it a: < J: ..... '.)- -., ~ '- - STACI L. BARENDS, Plaintiff v. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. '/t.. . ~' r 'f C l.U<.( T.t~ When the ground for the divorce irretrievable breakdown of the marriage, you counseling. A list of marriage counselors Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House Carlisle, PA 17013 is indignities or may request marriage is available in the . . ANDREW F. BARENDS, Defendant : CIVIL ACTION - LAW : 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 may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF 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 TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Court House Carlisle, PA 17013 Telephone No. 717-240-6200 STACI L. BARENDS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. t7". n''{ 0i...( Tl,,~ : I CIVIL ACTION - LAW : IN DIVORCE v. ANDREW F. BARENDS, Defendant COMPLAINT DIVORCE UNDER SECTION 3301 ICI OR 3301 IDI OF THE DIVORCE CODE 1. Plaintiff is Staci L. Barends, an adult individual who is sui juis and resides at 17 South 27th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Andrew F. Barends, an adult individual who is currently residing at 4343 S.E. St. Lucie Boulevard, Stuart, Florida 34997. 3. Both 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. The Plaintiff and Defendant were married on November 27, 1993 in Camp Hill, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its allies. , I ~.. Affidavit consenting to a divorce. 8. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on or about September 28, 1995. WHEREFORE, Plaintiff requests your Honorable Court to enter a Cecree in Divorce, divorcing Plaintiff and Defendant. Date: I~) f f, I :' submitted, JAyl R" BRADERMAN, ESQUIRE 'ID NO. 07047 126 LOCUST STREET P. O. BOX 965 HARRISBURG, PA 17108-0965 (717) 232-6600 ATTORNEY FOR PLAINTIFF " , !!{-"~ ~-."'--' ........., ~ VERIFICATION Upon my personal knowledge or information and belief, I hereby verify that the facts averred in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.C.S. section 4904 relating to unsworn falsification to authorities. Date: / /::)'/,11(/ ~ l /ttu j ~': /}(2(('.IUJ:.L sTAcI L.' ENDS I. " AFFIDAVIT STACI L. BARENDS, . IN THE COURT OF COMMON PLEAS . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. . . ANDREW F. BARENDS, : CIVIL ACTION - LAW Defendant : IN DIVORCE Staci L. Barends, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. 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. I - I' . -o.:/-t4t!~ .--/ j' )(/( /4Ld/.L' STACI L. BAREUDS \ . , '-'I II ~ . I , t' , , l " ! o Z ;: ~ Iii ; fa iii ll!!!l ~ \l 0 Iii ili > It c( I- X ~ o a: 1Il1ll0 III CD:J Z ~ . 8 d Gi .J a: .J 0: ll. >- l\: ci < _ a: .., ~ III it a: < :t '- i l:J F: E. ~ ~ ~ - ~ STACI L. BARENDS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-584 Civil Term CIVIL ACTION - LAW IN DIVORCE v. ANDREW F. BARENDS, Defendant AFFIDAVIT OF SERVICE AND NOW, this 29th day of May, 1996, t, Carrie M. Bowmaster, Esquire, hereby eertify that Defendant, Andrew F. Barends was served with the Complaint in Divorce by mailing a true and correct copy by United States certified mail, return receipt requested, addressce addressed as follows: only, postage pre-paid, Andrew F. Barends 4343 S.E. St. Lucie Bulevard Stuart, Florida 34997 Respectfully submitted, o~\~ . CARRIE M. ~~MASTER, ESQUIRE 126 Locust Street P.O. Box 965 Harrisburg, PA 171B8-B965 (7J7) 232-660B Attorney for Plaintiff , .~ ~ fJl.~~,_il"_''''~~'';'''' ' ' 1.'IOWlahi~c;.c~I~~~.~.\j tl;~~ ~~: ~,tI;'i!~~:~i.Ni i...... "", wo con ::f:W1ng ,..,.,rvfco ',.'.....'... ...1,',.,.'.'"."., n' .'.., xtr .",. ", ,t ,:e;'A rn lttIihq form to ...a."ronta'tht maJIeNtet. or on the beck If 'plce 1.0 Add,euH'. Addr...>' : '. ,-~.:.-, .,.. j' !,I:', Wrtto.'fto1UmR......Roquo.tod'...,""..-.._w"".......numiIor 2.' .wRiiiriCt~'D.liv., lv' "1,', f. 'D. .... ThlReb,mftlCefptwtllhowtG"whomthllrtidtw..dtlvwMandthtdatt l,II.. . '. . I 5-.di,",", ," . Contult Itmuter"for fN; 11m;~a~d;;;) r: ll~eN~ 4~~' Num3, ~ :l.tJ 'Ii ;,./ Sc '\::l. ~. 4b. S.rvlcaTypo J l II Wc3, 'f" 3 . c. ..Jr. C I 'C 0 Rogl.lOrod 0 In.urod , i C', ' ~/t'j/aed.. ~c.r1ltl'd 0 COD i' ; . QL f H' . ' 0 Exprili Moll 0 R.tu,n R'..'pl ,., .1 I. ;Jmqe, ~Kdta. 3 tl97 7. 0010 .~D'II:'~ "~. I, j;'. a,~ ,8,' Addro...... Addro.o 10nlv If ,oquOOlod, 'J', ...;;-' ~ .. ond,.. I. p.'dl ' , '... . , 9t'\ ~.',J. 'I! ' "I' " '. t }<t' , "', ' " ,." ,'" , ,fI '- '. ;: i ! d;; I ; 1 \ \I' _ ; , I i j ; \ d : t ii d . '~;J ,D...mbe,1891 t>U.LGI'O:I. 12:1 ,.. DOMESTIC RETURN RECEI ;1 ;._, . , 4 STACI L. BARENDS, : IN THE COURT OF COMMON PLEAS plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : vs. . NO. 96-584 Civil Term . : ANDREW F. BARENDS, , CIVIL ACTION - LAW Defendant . IN DIVORCE . AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Complaint was filed on February 2, 1996. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree in 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 understand that I may request that the Court require that my spouse and I participate in counseling. Being so advised, I do not request that my spouse and I participate in counseling prior to a Decree in Divorce being handed down by the Court. .5' /D 'tift Date ~'~~ STACI L. ARENDS z I .. CC I- - 8 ::E III < ~ ~ ~ U~ ~ ~ c( Iii)( ~ r:: Omjg~ 5- ~ . go ffi ~"' .J a: .J a: II. ), lE:l ci "' C'" a: Ljj ., ~ I- III it a: < X ~ STACI L. BARENDS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . v. NO. 96-584 civil Term : ANDREW F. BARENDS, : CIVIL ACTION - LAW Defendant . IN DIVORCE . WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is 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 4909 relating to unsworn falsification to authorities. Date: fI6./Q{p ~#. IJOJVMJu STACI L. NDS i ~ z ;: CI: to - ::E III < ~ ffi ll!!!l ~ U Q li;al> ii: c( to X >..J ~ II: III 0 III ;: lD a CD ~ :5 Ii 9~~ )0 III ci c( ~ a: ., :J CD III it a: < J: . . ~ t:l N F:: E .. ~ ~ .. - ~ STACI L. BARENDS, I IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA I : NO. 96-584 Civil Term I : CIVIL ACTION - LAW : IN DIVORCE Plaintiff vs. ANDREW F. BARENDS, , Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Complaint was filed on February 2, 1996. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree in 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 understand that I may request that the Court require that my spouse and I participate in counseling. Being so advised, I do not request that my spouse and I participate in counseling prior to a Dacrae ie Divorce beie. hecded .co. by tbe c:urt~--- K' ?6"J . DREW F. BARENDS Date ~y~' I ') I" "~I , , , ( l ~ z i c( to :: ::E W < Wciia:il!~Z W to < o Q Ul > ~ ~ Iii ~~ III :J III Z ~ . 8 ci ffi .J a: oJ a: .. >- III ci Cl: - It ., ~ Ul it It < :t . .. . . . . . ~ ~ r:- ~ I w J W to . . .' . , .' . .. STACI L. BARENDS, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 96-584 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE Plaintiff v. ANDREW F. BARENDS, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) 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 property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered ,by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements mRde in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of III l'a. C.S. Section 4909 relating to unsworn falsification to authorities. 11 /{~b2 C u ANDREW F:- BARENDS , Date: flfc;( - ..