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Home My WebLink About00-00895 , , , , , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNA. STATE OF JANET BOHLS , No. 2000-895 , , VERSUS , FRED BOHLS , , , , , DECREE IN DIVORCE , , , AND Now,_T?llU;U 1 L? , 200'{, IT IS ORDERED AND , DECREED THAT TANR'l' ROHT,~ . PLAINTIFF, , FRED BOHLS , DEFENDANT, AND , , ARE DIVORCED FROM THE BONDS OF MATRIMONY. , THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; , The terms of the parties' Marital Settlement Agreement dated December 15, 2003 ' and attached hereto are incorporated herein but not merged herewith. , , , , J. , AT E T: , PROTHONOTARY , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , yr\ . "i ,,' ,;' ~ ., "...'tit J'C)3.tW &;I- ~~z;.4~ /';1J '~f' 7l~ ~ ;Z 4~ 1l!I ~',. ,~ '" ", .~ ~1l1.~, J.^I ~_~~".~,.....~,,~"'''','~,~ _ '~~" ",.~~lfl'mlIlilII!IlIll ~ '!:> "I lL' '. .' = F:\User Folder\Finn Docs\Gendocs2003\1796-1msa.wpd MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this 15th day of December, 2003, by and between FRED BaHLS, of Mechanicsburg, Cumberland County, Pennsylvania, (hereinafter referred to as "Husband") and JANET BaHLS, of Mechanicsburg, Cumberland County, Pennsylvania, (hereinafter referred to as "Wife.") WITNESSETH: WHEREAS, Husband and Wife were married on June 7, 1981, in Appleton, Wisconsin; and WHEREAS, Husband and Wife have been living separate and apart from each other since July 25, 1998; WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six (6) months; and 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; and WHEREAS, Husband and Wife desire to settle and determine certain oftheir marital rights and obligations, and make an equitable distribution of their marital property; WHEREAS, there was one (1) child born of the marriage, namely, Ruth Ann Bohls, born October 1, 1982; and WHEREAS, it is the intention and purpose ofthis 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 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, after both have had full and ample opportunity to consult with their respective attorueys, and the Parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the Parties hereto in consideration ofthe mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: Page 1 of 8 " . I ow, ~'~,! ARTICLE I: SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall deem fit free from any control, restrain, or interference, direct or indirect, by each other. Neither Party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife ofthe lawfulness of the causes leading to them living separate and apart. ARTICLE II: DIVORCE 2.1 This Agreement is predicated on divorce. It is warranted, covenanted, and 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 this Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims of 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 an she are and ever shall be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the Parties are accepted by each Party as a final settlement of for all purposes whatsoever. Should either of the Parties obtain a decree, judgment or order of separation or divorce in any other state, county, or jurisdiction, each of the Parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be effected in anyway by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the Parties should remarry, it being understood by and between the Parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 It is specifically agreed that a copy ofthis Agreement may be incorporated by reference into any divorce judgment or decree if or whenever sought by any ofthe Parties hereto. It is understood by the Parties that a divorce complaint has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania at docket number 2000-895. Such incorporation, however, shall not be regarded a merger, it being the intent of the Parties to permit this Agreement to survive any such judgment or decree. Page 2 of 8 - "., Od 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 Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the Parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and need for each of the Parties; the contribution of one Party to the education, training or increased earning power of the other Party; the opportunity of each Party for future acquisition of capital assets and income; the sources of income of both Parties, including, but not limited to medical, retirement, insurance or other benefits; the contribution of 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. 3.2 The division of existing marital property is not intended by the Parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the Parties. 3.3 The Parties shall retain sole and exclusive right, title and possession of all personal property currently in their possession. Except as provided for herein, Husband shall make no claim whatsoever for any personal property in Wife's possession. Additionally, except as provided for herein, Wife shall make no claim whatsoever for any personal property in Husband's possession. Should it be necessary for either Party to execute any documents to convey title to any such personal property in the other Party's possession, they shall do so within thirty (30) days of the execution of this Agreement or within thirty (30) days of the request from the opposing Party. a. The parties have divided their personal property to their mutual satisfaction. 3.4 Husband shall pay Wife the sum ofTwenty-Five Thousand Dollars ($25,000.00) in full and final settlement of all claims. The parties acknowledge that Wife has received as of the date ofthis Agreement the sum of Sixteen Thousand Dollars (16,000.00) from Husband. A judgment in the amount of Nine Thousand ($9,000.00) has been entered in favor of Wife against the property located at 3519 Ada Drive, Mechanicsburg, Cumberland County, Pennsylvania. Beginning January 1,2004, Husband shall pay to Wife the sum of Two Hundred Fifteen Dollars and Fifty-Two Cents ($215.52) per month due no later than the fifth (5th) of each month, which is inclusive of interest at a rate of seven (7%) percent annually. The balance of the payment of said Nine Thousand Dollars ($9,000.00) is due and payable no later than July 15, 2004. Page 3 of 8 "." "" If Husband fails to pay the balance by July 15, 2004, Wife shall be granted exclusive possession of the home, and Husband shall move from the residence no later than 5:00 p.m. on July 16,2004. Wife shall then be granted sole authority to execute all documents necessary to effectuate the sale of the property including, but not limited to, any listing or sales agreements as well as the deed. Wife shall retain the first Nine Thousand Dollars ($9,000.00) of the sale proceeds, and Husband shall retain the balance. The issue of fees and costs is reserved should Husband default on the payment of the note and Wife shall have to incur fees and costs to enforce the Order of Court dated December 1, 2003. Counsel shall exchange special warranty deeds to be held in escrow pending final resolution of this matter and final payment by Husband to Wife as provided above. 3.5 Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other Party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result ofthe marriage relationship. ARTICLE IV: RELEASE OF SUPPORT FOR HUSBAND AND WIFE 4.1 Except as provided in this Agreement, the Parties herein acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance, and support in the station of life in which they are accustomed. Except as provided herein, Husband and Wife do hereby waive, release and give up any rights they may respectively have against the other for alimony pendente lite, spousal support, or maintenance. 4.2 Husband and Wife specifically waive, release and give up any rights for alimony that they may be entitled to pursuant to Chapter 37 ofthe Pennsylvania Domestic Relations Code. ARTICLE V: DEBTS OF THE PARTIES 5.1 Each Party represents to the other that except as otherwise specifically set forth herein, there are no major outstanding obligations of the Parties, that since the separation neither Party has contracted for any debts for which the other will be responsible and each Party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. The parties agree to indemnify and hold each other harmless from any and all loss or liability in connection with said marital debts. In the event either Party contracted for or incurred any debts since the date of separation, the Party who incurred said debt shall be responsible for the payment Page 4 of 8 " ., = .' , " thereof regardless of the name in which the account may have been charged. Husband and Wife acknowledge and agree that they have no outstanding debts or obligations ofthe Husband and Wife incurred prior to the signing of this Agreement. ARTICLE VI: MISCELLANEOUS PROVISIONS 6.1 The Parties hereto have retained independent legal counselor have had the opportunity to do so and have voluntarily declined to retain counsel. The provisions ofthis Agreement and their legal effect have been fully explained to the Parties by their respective counselor the Parties have waived their right to have legal advice regarding the meaning and implication of this Agreement. The Parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Husband acknowledges that Debra Denison Cantor, Esquire, of Reager & Adler, P.C., represents Wife and has provided him with no advice, legal or otherwise, in this matter or with regard to this Agreement. Husband is represented by Michael J. Hanft, Esquire, of Hanft & Knight, P.C. 6.2 Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of the other, for all times to come and for all purposes whatsoever, of and from any and all legal right, title and interest, or claims in or against the property ofthe other or against the estate of the other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as byway of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth, or territory ofthe United States, or (c) any other country, or any rights which either Party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, source fees, costs or expenses, whether arising as a result of the marital relation or 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 now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Page 5 of 8 6.3 Each Party represents that since separation, they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other Party may be responsible or liable, except as may be provided for in this Agreement. Each Party agrees to indemnify and hold the other Party hannless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save hannless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided herein. 6.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both Parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.5 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of this Agreement. 6.6 This Agreement shall be binding and shall inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.7 This Agreement constitutes the entire understanding of the Parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.8 If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any Party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations ofthe Parties. 6.9 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Domestic Relations Code of the Commonwealth of Pennsylvania. Page 6 of 8 I', = ,',' ""~'~: , 6.10 The Parties warrant and represent that they have made full disclosure of all assets prior to the execution of this Agreement. Each Party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her personal property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subj ect. Each Party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each further warrants, represents, and declares that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income ofthe other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns (including supporting documentation) filed by or on behalf of either or both Parties during marriage. 6.11 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 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 fees, in any action or proceeding to enforce the terms of this Agreement. 6.12 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 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 ofthe 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. THE REMAINDER OF THIS PAGE IS lNTENTIONALL Y LEFT BLANK. Page 7 of 8 .. ;"--'" '.". " ~ IN WITNESS WHEREOF, the Parties have set their hands and seals the day and year first above written. WITNESSED BY: ~~ Jan ohls Page 8 of 8 -A j""~ ,-" .~I!II,;lij!l!i"i"i;H .. ...~ ,- "l;i;;il.'ii~fulli!l!l.~t.ililWLc..,--..m iIIr = ~", <'. ..^"'* ~~ ~. ,...., = 0 = .1 ...- L.. -l ;n-" ~:c h..-n ~ 'r- ----.m N :jJy CO $~~ , , . '~1 ~~ :E: , N Z =;! -i U1 -- -< <.0 .< :. '" }' ! J 1 ."" - ~.. '..L -,,:~;~"'; ,"~'~,>'--' ~:: i ~~ ;.- .J" "- . JANET BOHLS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 00-895 CIVIL ACTION - LAW FRED BOHLS, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Code. 1. Ground for divorce: Irretrievable breakdown under ~ 3301(c) ofthe Divorce 2. Date and IillID1ler of service of the Complaint: Service was accepted by the Defendant on the 22nd day of February, 2000, by certified mail, return receipt requested, receipt number Z 902067570. Affidavit of Service was filed with the court February 25,2000. 3. Date of execution of the Affidavit of Consent required by ~ 3301 (c) of the Divorce Code: by Janet Bohls, Plaintiff, on January 13,2004; by Fred Bohls, Defendant, on December 15, 2003. 15, 2003. 4. Related claims pending: Settled by Marital Settlement Agreement dated December ';,:$ 0'" -; i , ,"Co ~'" "r: "i . " " " ~ ~ '," ,"', ;,. -- i"~ 5. Date Plaintiffs Waiver of Notice in S 3301(c) Divorce was filed with the Prothonotary: January 20, 2004 Date Defendant's Waiver of Notice in S 3301(c) Divorce was filed with the Prothonotary: December 19,2003 Respectfully submitted, REAGER & ADLER, PC DATED: \ ('101 Deor I. o. 2331 Market Street CarnpHill, PA 17011 (717) 763-1383 Attorneys for Plaintiff . (") '" s;: = 0 = ~- - -n ""t:'f';~ C"~J ,',1 '- -l :I> ffi:o ~;~: z ~',:~~:. r- l"V -om ~8 0 239 ---i0 -0 ::c -r" --rl ::u:: ~g ""'c N 3 ';! -< c.n :;:, w -< '> ,J< ~ I:, ,'" ' ';"" '~"~"", ~< '~'~ IINtsblfamily lawlClienl DirectoryIBohls-Jlpleadingsldivorce.cmp.wpd , , February 15. 2000 . 'C REAGER, ADLER & COGNETTI PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorn",y" for PI",intiff JANET BOHLS FRED BOHLS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ..2000_ ns- aCJ;"'(Y~ CIVIL ACTION - LAW IN DIVORCE Plaintiff v. 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 oy 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. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 - -. ,c-, c-I l ;- ,', '~ ",",.;. .. ". ~:. IINtsblfamily lawlCllen! DlrecloryIBohls-Jlpleadlngsldlvorce.cmp.wpd February 15, 2000 ' ' JANET BOHLS FRED BOHLS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE Plaintiff v. AVISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las paginas siguientes, debartomar acci6n con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitado en su contra por la Corte. Una decision puede tambilln ser emitida en su contra por caulquier otra queja 0 compensaction reclamados par el demandante. Usted puede perder dinero, 0 sus propledades 0 otros derechos importantes para usted. Cuando la base para el divorcio es indignadades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una Iista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. 51 USTED NO RECLAMA PENSION ALIMENT ACIAJ"PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTuS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. 51 NO TIENE 0 NO PUEDO PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DON DE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, 'PA 17013 (800) 990-9108 0', ',_ - ';,,:,,' " ' , ^~, , - - """-' ...~, IINtsblfamily lawlCllenl Dlrec!oryIBohls-Jlpleadlngsldlvorce.cmp.wpd February 15, 2000 ' ' REAGER, ADLER & COGNETTI PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff JANET BOHLS Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ,zo-uv- ?''fS ~ (~ CIVIL ACTION - LAW IN DIVORCE v, FRED BOHLS, Defendant COMPLAINT IN DIVORCE UNDER SECTION 3301 (C) OR CD) OF THE DIVORCE CODE 1. Plaintiff is Janet Bohls is an adult individual who currently resides at 3519 Ada Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Fred Bohls is an adult individual with a last known address of 3519 Ada Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 7, 1981, at Appleton, Wisconsin. 5. parties. There have been no prior actions of divorce or for annulment between the 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. The marriage is irretrievably broken. . C',-_- ,-''' I. , ,- ~' -', ':.,-.- '-'- ,." __lo\i,-' IINtsblfamily lawlCllenl DlrectorylBohls-Jlpleadlngsldlvorce.cmp.wpd February 15. 2000 ' ' 8. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 9. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 10. In the alternative, Plaintiff will file an Affidavit of Consent and provide the appropriate notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301 (c) or (d) of the Divorce Code. COUNT I EQUITABLE DISTRIBUTION 11. Paragraphs one (1) through ten (10) of this Complaint are incorporated herein by reference. 12. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 13. The parties have acquired marital debt during the course of the marriage. 14. In the eventthe parties are unable to amicably resolve the property issues in this matter, Plaintiff requests this Court resolve the property issues in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt. 2 " '-, __I"'" IINlsblfamily lawlCllen! DirecloryIBohls-Jlpleadlngsldlvorce.cmp.wpd February 15, 2000 . . COUNT IV ALIMONY PENDENTE LITE. ALIMONY 15. Paragraphs one (1) through fourteen (14) of this Complaint are incorporated herein by reference. 16. Plaintiff lacks sufficient property and resources to provide for her reasonable means. 17. Plaintiff requests reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 18. Defendant has the resources to provide for the support of Plaintiff. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite and alimony until final hearing and hereafter. COUNT V COUNSEL FEES AND COSTS 19. Paragraph one (1) through eighteen (18) of this Complaint are incorporated herein by reference. 20. Plaintiff has employed Debra Denison Cantor, Esquire, as counsel but is unable to pay the necessary and reasonable attorney's fees for said counsel. 21. Plaintiff is in need of hiring various experts to appraise the parties' marital assets and does not have the funds to pay the necessary and reasonable fees. 22. Defendant has the funds necessary to pay said fees and costs. 3 ,I. ,',,-,- ,',-- <iI<_.-'_I'__,_' Q~",",;, IINlsblfamily lawlCllent DlrecloryIBohls-Jlpleadlngsldlvorce.cmp.wpd February 15, 2000 ' . WHEREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums at final hearing as are deemed necessary and appropriate. Date: February 15, 2000 Respectfully Submitted, REAGER, ADLER & COGNETT~, PC By ~W~SQUlRE Attorney I. . o. 66378 . 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. [717] 763-1383 Attorneys for Plaintiff 4 , -" '.' -, ,~ J: ., -'---'~- '-.,-~ '~"" IINlsblfamlly lawlCllenl DlrectoryIBohls-Jlpleadingsldlvorce.cmp.wpd February 14, 2000 ' . VERIFICA liON I, JANET BOHLS, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. 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. r~&b- J ETBOHLS Date: ;2 -I tf -CJ 0 5 ~ . < .. .. , , .. .. . . . (J l? 0 c::::;- -- ~ C:, ,-~- , ~ ~ '- -, --II ~ ~ .~ L}rr-- ""l"i ."? ~ ~:-- ,'"j ~ d 0 ~ 0 U; (]; ~ ~ C, r:-.:.: CJ ~ () 0 ~ ~~~:' ~,) -''''''1 0 ."~ ~j ;~~~ )J f I ~E~ I I :2: ~ :;~ -- Cv "-< ::I.J ~ ~ -< 0" -< f r ~ J ~ ~, ~ REAGER, ADLER & CDGNETTI, P.C. ATTORNEYS AT LAW 2331 MARKET STREET CAMP HilL, PA 17011-4642 (717) 763-1383 ., ",1:,_ _, " - ~, ~. ^ ' ,- ~.~ "~,i ,}\Nlsblfamlly lawlFormslmlscelianeouslAFFIOA VI.SVE . ~ REAGER, ADLER & COGNETTI, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney 1.0. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff JANET BOHlS Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ;/1rU'tJ ~ f 9b" ~ ., L.-0- CIVil ACTION - lAW IN DIVORCE v. FRED BOHlS, Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Before me, the undersigned Notary Public, this day, personally appeared Debra Denison Cantor, Esquire, attorney for the Plaintiff, to me known, who being duly sworn according to law, deposes the following: I, Debra Denison Cantor, Esquire, being duly sworn according to law, depose and state that service of the Complaint in Divorce in the above-captioned matter was served by Certified Mail, Return Receipt Requested, on Defendant, Fred Bohls, 3519 Ada Drive. Mechanicsburg, Pennsylvania, 17055 on February 22,2000. The Certified Receipt is attached hereto as "Exhibit A." REAGER, ADLER & COGNETTI, P.C. By' SUb~i~~ and sworn to before me this day of R,-bnJfLnj dturQ, ~ Notary Public ,2000. Notarial Seal L.ofi A. Richard, Notary P~nty lHll\eoro.~ 1 2001 Mr expIreS""". , \lIIIIRIll8J. .l\sSOCIlIIlOO'~ ~ -. ,., ESQUIRf" 7. Date of DeliVery;. Z./.22.- 4a. Article Number ~~~ ~-.,,:-,-_.--,. fSender. I I I I I RE: DEBRA DEN]SON CANTOR, REA&~ & ADLER, P.C. 2331 MARKET ST~EET CAMP HILL, PA 17011 d Z 902 067 570 t:" 5. Received By; (Please print clearly) 1111111111111111111111111111111111111 11111111111111111 "Ifr~m 111111111 Z 902 067 570 a. Addressee's Address (ifdiffo1TJfltfromaddrfW>/,JlXJdbyS6l1dor.; 3,ArticJeAddressed to; I 's~on;j&TY.';'iitii;;S;TsUfteTAPi:7'FiOOf"'(pi;;;S;"'p;ini'"ii&aj(;j I FRED BOHLS 3511 ADA DRIVE MECHANTCSOURG PA 17055 I .o-;.ilvery.A:d'lirll',;s:.................-.............-....................... I I .Clty.-..._......h.................m 'si;iio .......m-if?.;.4.CO~ii I PS Form _ 38111 D~cernber_ 1994 ~IUSA4!99 eMF-088 ~-'::::;'" ,~- -i~ DOMESTIC RETURN RECEIPT -..;: - =, / ~ ~ . ~ ,. .. . (< I,.... 2:::r~ ",-c,: ~~:~, ,<0 ~> ZO --0 :Pc': ;~ --~ -< REAGER, ADLER & COGNETTI, P.C. ATTORNEYS AT LAW 2331 MARKET STREET CAMP Hill, PA 17011-4642 (717) 763-1383 . '~L ~ , ~ ,-, --, '~-',,, ;'-.) c-, n, JANET BOHLS, Plaintiff v. FRED BOHLS, Defendant To Prothonotary: .I. - ......' "~;, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-895 CNIL ACTION - LAW IN DNORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Defendant, Fred Bohls, in the above- captioned matter. Date: 9j;Z';-/O 0 , To Prothonotary: es K. Reed, Esquire 4 North Jonathan Street Hagerstown, MD 21740 (301) 714-1141 PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Fred Boh1s, in the above-captioned matter. Date: 10\ ." I U'oo F;\UserFolder\FinnDocs\Gcndocs2000\1796-1praecipe,Lwpd Mi hael J. Hanft, Es uire Attorney ill No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 ~";.~""i!...i.~I~~llBiJillL~,~llW/f,jlll!i!.~_~~l~'HI\lm,;\_~M~-' , ~~ ,.. "P ~ ~-~,,",," ~~ J'~_ ~- 'II!: (") Cl ~?, c: 0 :s';--. (':) '"U 0'; ") ?-J n'lj"r, -l Z:C , IT! ~~- ct. '-' 'i:::j$ r::.:c' c' )>,- -n 2\.-<2 -- .::? (') -c, r- r::; m )>c:: ~, Z ,::;) S;; =< :0 (,) -< .,' ~ ~ 1 T~'- ,.. ~I" ~ ::d;-~ ',;~>.[,: ':-, -' ~',-";~''''-'' ",,,-, . -'';;'';''. ,L\___,o"C";:" _'L; "< " ..-~ JANET BOHLS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2000-895 FRED BOHLS, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO WITHDRAW ECONOMIC CLAIMS TO THE PROTHONOTARY: Please withdraw economic claims in the above-captioned action. Date: 9iY!o y /' D eni h Cantor, Esquire orney ID No.: 66378 2331 Market Street Camp Hill, P A 17011 (717) 763-1383 Attorney for Plaintiff , ~"_L'-;'"",","'~'-''''': -,::--';' ,,'," ,~, :~~;, ". .. (') 0 0 c:: W -n s: 0 :~. -Ocr:: f'T1 "-,,.1J ml~; C") ,. r- 2> I g~ t <D ."" (J:!~- ~~ r' ~.-<-~ kC ;t>" ~-n ~;;:: :x '70 5 ,.-m 5>c ., S\ 2:, '" ~ =< ...1 ,--, '.- :~';i__I",C;~''';"''''~'_I_I_','_-;'', "',<-"-S -' '" ... C',c'-~- ;^~'",- ',~ JANET BOHLS, Plaintiff V. IN THE COURT OF COMNION PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2000-895 FRED BOHLS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFlDA VIT OF CONSRNT 1. A Complaint in Divorce under Section 3301 ( c) of the Divorce Code was filed on February 15, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service 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. 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 -/ 3 - () tf Janet~ ~ '~....- <" ;_~;~-r; -,> C,/l ~: ~;: I, ' >~ .-=1 -<. - Q "'" = = -"'" o -n -I :I: m'} ';= -om '7,0 01- -;0 _!- ,; 0::0 -7(') 3m ~-, 55 --< s- ~ z N CJ -0, -:s. r:-? <.J1 W 'it ",..--~^ ". :. ,3 >:-;,,,,~--'-I,~;'~",,-,-.~. ,'.:"-,.'_'j'",,, .-u:~:'-~ -,.".",,,,,~~'-" IMi;J;b! -~ !:; ,I "I ~! JANET BOHLS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2000-895 CNIL ACTION- LAW IN DNORCE V. FRED BOHLS, Defendant W AIVRR 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! do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. ;j ~ i' ~ ,I I I ,I II Ii II !I tl , , ,. Ii i , I I 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy ofthe decree will be sent to me immediately after it is filed with the Prothonotary. Date: 1- / '3 - 6'/ ~ J , BOHLS ~ ~', ""~liiiii'" " "J ~' 'illil""'" ~ , - -,._'i"'"",L' ",i;>_,~"'> ",-,', 'i-;J-~-'P; '. ."~ ,. ,~ -. "','"~, __e,,,' ",,-- ~ 2:: ~ --' , --~~ '" :s 0 .".. "1', S- "':':-ie", ~ ::;:j Fh :!J r- -orn :::-DCJ 0' :----;C) a+i 70 :sm :~ ~ ~ -< f\:> a '"'tJ --,. ~ ry Ul <'0 . -''''~ - ,:1 " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANET BOHLS, Plaintiff v. CIVIL ACTION - LAW NO. 00-0895 FRED BOHLS, Defendant IN DIVORCE AFFIDAVIT OF CONSENT STATE OF PENNSYLVANIA ) : SS. ) COUNTY OF CUMBERLAND 1. A Complaint in divorce under Section 330l(c) of the Divorce Code was filed on February 15, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service 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 understand that I may 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 verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties l8Pa. 04re' unsworn falsification to authorities. --. Date: December 15, 2003 Sworn to and subscribed before me this 15th day of December, 2003. Notarial Seal Dolly M. Housel, No1ary Public South Mlddlelon Twp., Cumberland CounIy My CommisSion Expires Sepl24, 2006 Member. Pennsylvania AssOOn~ Nolalies -'--"";"-'-"=1IIi1!' ~~ 'rr1!jilij~lIil4~!lIlIII '-' A~ ""_ ""-"';;''''''~i ~-" ~;" ,-,^ - ,.,'.... ~L.;.'~c ,~ ~ ,,~<- " , (") ....., 0 = ~ = -n ....., :1:,,. 0 .... -017':, X--r-: r.l(i; M rMr= Z:,:}:} '-' Q~: ""t)>1"TI \.:0 ;rJY 90 ~::~~ .....-'1' V 0-:: -71:.. ) 5~~: Om 7' ~ ~ N s;! -.J -, ........... ,,;--- ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANET BOHLS, Plaintiff v. CIVIL ACTION - LAW NO. 00-895 FRED BOHLS, Defendant -.. IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &330HC) 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! 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 ofthe 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, 94904 relating to unsworn falsification to authorities. Date: December 15, 2003 Fred Bohls F:\User Folder\Finn Docs\Gendocs2003\1796-lwaiv.not.wpd ;.i~J '_'"~' - r' ."'""~ ~~L~~.!iilIiIt~I- ,~ ~,~;';;, '" '" "-"'~>~-' -- <..',', :." ,- '" k,.. ......... 0" ~.~ 0 N> = ~ c: = ?::: <..w vt-;-"! 0 -.... ..,.- ~~tl r'1 m:D- n r ~~f~ -am W 66 ~~~ -t.,;_ -ct I-H -",~ ~c5 _.J~' ,=;ITl ,~ Z :;;! ::< N :D CO -< ---'w._- ;____.,';:.., u,.;",. REAGER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW 2331 MARKET STREET CAMP Hill, PENNSYLVANIA 17011-4642 717-763-1383 TElEFAX 717-730-7366 WEBSITE: ReagerAdlerPC.com THEODORE A. ADLER + DAVID W. REAGER CHARLES E. ZALESKI LINUS E. FENIClE DEBRA DENISON CANTOR THOMAS O. WilLIAMS SUSAN H. CONFAiR JOANNE HARRISON CLOUGH CHRiSTINE SCHWAMBERGER +Certifled Trial Specialist Writer's E-Mail Address:ddenison@epix.net December 4, 2003 E. Robert Elicker, Esquire Office of the Divorce Master 9 North Hanover Street Carlisle, PA l70B Re: Bohls v. Bohls Docket No.: 2000-895 Our File No. 99-906 Dear Bob: Enclosed please find a copy of a Praecipe to Withdraw Economic Claims in the above-captioned matter. On December 1, 2003, a hearing was held in the above-captioned matter before Judge Oler. At that time, the Judge entered an Order revoking your appointment. I am asking that you complete all paperwork necessary to affirm this revocation so we may attempt to finalize this divorce within this calendar year. .---.--------------------- Debra Denison Cantor DDC/drb Enclosure cc: Michael Hanft, Esquire Janet Bohls "., _',," _" i '.'1, , '",,", , JANET BOHLS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW FRED BOHLS, Defendant NO. 00-895 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of April, 2001, upon consideration of Plaintiff's Petition for Special Relief regarding the marital residence, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. A HEARING is scheduled is this matter for Thursday, June 7, 2001, at 1:30 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J. Michael J. Hanft, Esq. 19 Brookwood Avenue Suite 106 Carlisle, PA 17013 Attorney for Defendant ~~ VI <f~ 0 C-, /-:l C ': ~ " ~U:' -'l.J r1J b rn ,,0, Z:):1 N -".ell z);: ~~~ ~"-' w . "", 0 ;,:: ~ ....T-r{ ~o - q(') 0 ~ cjrn :i>c ,:;-' ~ ~ ~ N -< Debra Denison Cantor, Esq. 2331 Market Street Camp Hill, PA 17011 Attorney for Plaintiff :rc I.... "~- ~-- .-~ ~, JANET BOHLS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA V. No. 2000-895 FRED BOHLS, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this day of , 2001, upon consideration of Plaintiff's Petition for Special Relief, it is hereby ORDERED that Plaintiff's Petition is GRANTED as follows: (a) the Respondent is ordered to immediately vacate the property at issue; (b) the Respondent is ordered to bring all outstanding indebtedness current; (c) the home shall be placed for immediate sale and Respondent is ordered to cooperate with those efforts; and (d) the Respondent is ordered to pay Petitioner's costs and expenses associated with this filing. BY THE COURT: J. ,~,..~"~~-~..~ -~~ ... I. ~ . --~0: JANET BOHLS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA V. No. 2000-895 FRED BOHLS, Defendant CIVIL ACTION - LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW this _ day of , 2001, a Rille to Show Cause is issued upon Defendant Fred Bohls to show cause why the relief contained in the attached Petition for Special Relief should not be granted. Rule returnable in days from service of same. BY THE COURT: J. .Iii' L -'-"r'-,: JANET BaHLS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2000-895 FRED BOHLS, Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND NOW, comes Plaintiff, Janet Bohls, by and through her counsel, Reager & Adler, PC, and requests this Honorable Court to grant her special relief as follows: 1. Petitioner is Janet Bohls, an adult individual currently residing at 2. Respondent is Fred Bohls, an adult individual residing at 3519 Ada Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On February 15, 2000, Plaintiff filed a Complaint in Divorce in this matter. The Complaint included claims for equitable distribution. 4. The parties are the owners of real property located at 3519 Ada Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 5. On March 4, 2000, the parties separated with Plaintiff moving from the marital home. Since that time, Respondent has maintained sole and exclusive possession of the marital home. 6. The marital home is encumbered by a joint mortgage held by Citifinancial. 7. Petitioner recently received notification frDm the mortgage company that Respondent has failed to make a substantial number of mortgage payments. Specifically, the mortgage is in arrears in the amount of $2,473.02. -''''-~'''''''''''- APR -17' 01 (TUEI 13: 15 M S A / R & A TEL:717 763 1907 P. 002 8. In addition, Petitioner received notification from the taxing authority indicating that Respondent has failed to pay his 2000 taxes. The outstanding arrearage on taxes is approximately $5,000.00_ 9. The marital home is the primary asset of the parties and Respondent's failure to maintain regular payments on both the mortgage and the taxes is placing the home in jeopardy_ 10_ Respondent has been contacted twice by correspondence regarding these payments and has failed to correct the problem and/or address the issue. 11. It is necessary to place the marital home for immediate sale in o,der to protect the asset prior to a possible foreclosure proceeding. 12. In addition, Respondent should be held responsible for the taxes and mortgage payments accrued during his residence, and should be evicted nom the home immediately. 13_ Any order in this regard should require Respondent to cooperate with the sale of the property . WHEREFORE, Petitioner requests this Honorable Court to enter an Order fo, Special Relief requiring: (a) the immediate eviction of Respondent; (b) Respondent to bring all outstanding indebtedness current; (c) order that the home be placed for immediate sale; and (d) Respondent to pay all costs and expenses associated with this filing. Respectfully submitted, REAGER & ADLER, PC Date:~ ~ ,,'~ ""' o ~,: ~J? . ' VERIFICATION I, Janet Bohls, hereby verify that the averments of the foregoing pleading are true and correct to my personal knowledge. information and belief. I understand that false statements herein are made. subject to the penalties of 18 Pa. C.S. 114904, relating to unsworn falsification to authorities. J Date: 4- S- 01 ~,,---,,{,,"~~,.;.o:_IIM~W~~~-"'~';-,~j;_~;Jll'~~'-~ .~"-=~ ~ "~ ,.,.", I\I~ - v"',.,' ~ '; ~ .' . o S;;; "Ct-' , F;i:~<: :z.~_c, . -;:1"; ~~--. C\:: :r~c, 52: -'7 ~ -<. c::. ,::'<'I' :'--n c';) 1i.~.Illll -, -~ C) ~ i 1 -0 ---. t:? :::0 L.) I "" ~~ ~~ "~-" ~ . ~..... "-~, . ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANET BOHLS, Plaintiff NO. 2000-895 v. FRED BOHLS, Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S RESPONSE TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND NOW, this 4th day of May, 2001, comes Defendant, Fred Bohls, by and tIn-ough his counsel, Michael 1. Hanft, Esquire, and files the following response to Plaintiff s Petition for Special Relief, and in support thereof avers as follows: 1. The averments of Plaintiffs Petition for Special Relief Paragraph Number 1 do not contain a complete sentence, thus no response is required. Should a more specific response be deemed necessary, the averments are specifically denied. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part; denied in part. It is admitted that the parties separated. However, the parties separated 011 February 26, 2000. Since that time, Respondent has maintained sole and exclusive possession of the marital home. 6. Admitted. --~ ~~" II -~"'; . , 7. Denied as stated. Prior to Plaintiff s Petition for Special Reliefbeing filed, any and all obligations on the marital home were current. The 2001 County and Township taxes have not yet been paid; however, the face period for same runs from May 1 through June 30. 7. The averments of the second Paragraph Number 7 are specifically denied. Theparties do not have a child named Alexandra that will enter kindergarten in the fall of200 1. Specific proof thereof would be demanded at triaL 8. Plaintiff s Petition for Special Reliefin Paragraph Number 8 appears to represent that Father requests shared legal custody with Mother and primary physical custody of the child with liberal partial custody arrangements for Mother. It is believed, therefore averred, that said averment in Paragraph Number 8 is erroneously included in this Petition, thus no response is necessary. Should this Court determine a more specific response is necessary, the averment is specifically denied. WHEREFORE, Respondent respectfully requests that Plaintiff s Petition for Special Relief be denied as the averments contained therein are not factually correct and Respondent is current in all obligations on the marital residence. Respectfully submitted, LAW OFFICE OF MICHAEL J. HANFT By Mi,~r:#J Attorney I. D. No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 ,w.;jo< - -~ - "<-, CERTIFICATE OF SERVICE AND NOW, this 4th day of May, 2001, I, Michael J. Hanft, Esquire, hereby certify that I have this day served the following persons with a copy of the foregoing document, by first class, United States Mail, postage pre-paid, addressed as follows: Debra Denison Cantor, Esquire REAGER & ADLER, P.C. 2331 Market Street Camp Hill, PA 17011-4642 LAW 0 FICE OF MICHAEL J. HANFT Mi ae1 J. Hanft, Esquire Attorney ill No. 57976 19 Broolcwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 F:\User Folder\Firm Docs\Gendocs200 \ \1796-1response.wpd --~ ", "-,~" "'~~'~.., ~ '." ~- ,. ~ -. . \0. ~~ -.-"'-...'" ...'"._.~ _..,",-L__'""".....J.."",,_~ ij~ ~i o - ZOO ~~ ro~ ~gj ~<' ~i ~ (j]l ~-;.'" ~_\.i\ 1~~,' ~<"~, ~;; ::',';,,',L,_'-'J ,'-_ <;Ei'l!:'i<;:;3-j;.;.,~'-i+ , ;r":;;-";""~:'~'i-~' "" - . . ... ~,~ i; ("too , 'd: ",.-'_"c"",,_i_ ,-, " <: . ~ ~~ I-"~ A-tD I-"~, ~rn , a I; . ~~ IV 0 0 0 i~ I ex> '" lJ1 ~,~ ~~ 2 Co ...'" -00:< .. fTir-c' -~ ~~"~. \ ~':i~:, .C"' -," -') t<-J :x: ~o __u 1') :>>c: .- z 0 :;!, (,/1 ".,;,',.-", " frh""m~~ - .... ~ . \. ,,::0 ~'" . > "'0 :t ~ r- v,<)>~ wO~< "0'" Wo 0 0 .." >7'." ~ < Z ." '" m... -...] Z -< n ~;; VlI"T'l ~~g;t t:.C;::" -..j oZ;::; " O'-Vl\) _\ ;[ 0" :r'1 :f ,r-" > ' ~ )> 0 m ' J:i:~r )> '"", '- Z ;:;:_ ~. ~~rl > >->:)> ~~:i: z -" ." ~8 ~ . W n ' 0'" sr; ~ i5 -.-:-i , -."n , ,. ',': f;}~;\ -=-\ -}';,~ ~ - " ,- ,- ~- " ' ,- ,-I ;,,,< < ' " '0-" '" _ ',~ ~" ! , I I I ! JANET BOHLS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW FRED BOlll"S, Defendant NO. 00-895 CIVIL TERM ORDER OF COURT AND NOW, this 7th day of June, 2001, at the request of both counsel in this matter, the hearing previously scheduled for June 7, 2001, on Plaintiffs Petition for Special Relief is continued generally. COUNSEL are requested to contact the Court if they desire a hearing in this matter. BY THE COURT, .~ Debra Denison Cantor, Esq. 2331 Market Street Camp Hill, PA 17011 Attorney for Plaintiff Michael J. Hanft, Esq. 19 Brookwood Avenue Suite 106 Carlisle, P A 17013 Attorney for Defendant :rc - " ~, ' ,- ','~' ~. r. F:l.tu-OfFICE (,,_ 'C' C' ,.,.t. ,rll'OT^'Rv .)r ;:-:!:: \-:-",;,):\-'_0 \l '1t\i.1 0\ JUN - 1 rti 3: 32 CUMBERLAND COUNTY PENNSYLVANIA .", ',-"'eo"""""'.' .r _~_IJ, "-~~~,,~ ,_"Il)l_~_~ - ~ '~ JANET BOHLS, Plaintiff v. FRED BOHLS, Defendant , -~, ' ~ ~- " - '"", '''' " "'I'll. f>~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 00-895 CIVIL TERM ORDER OF COURT AND NOW, this 31st day of July, 2001, pursuant to the attached letter from Debra Denison Cantor, Esq., attorney for Plaintiff, a hearing on Plaintiff's Petition for Special Relief is scheduled for Thursday, September 13,2001, at 1 :30 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. Debra Denison Cantor, Esq. 2331 Market Street Canlp Hill, P A 17011 Attorney (or Plaintiff Michael J. Hanft, Esq. 19 Brookwood Avenue Suite 106 Carlisle, PA 17013 Attorney for Defendant :rc BY THE COURT, ~ '-Y'~ \)l'D\ I ~ . rILEL}._!):~:jCE Of- "!, ~;:~'C1T~O~,IOT/-\RY 01 AUG -I Pi'! 3: 24 CUMBERLAND COUNTY PENNSYLVANIA .~ --, " "', =~, "_~ ~ ,llr~~FlI1!~mJ~I'l! ._1 "~~~If!j!!lIlI~"",_o!,,!, _~ "...Ji~ '. _,'., , ' , " .- >,.. ,n, 'I, ' ' ,,_,j ~ ;";- . ,; _ ~_ ,-~", _, ' '".ii;.', ,e, ",,,;;..t,_,~,,_,, ,~ , ~ . REAGER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW 2331 MARKET STREET CAMP Hill, PENNSYLVANIA 17011-4642 717-763-1383 TElEFAX 717-730-7366 WEBSITE: ReagerAdlerPC.com THEODORE A. ADLER + DAVID W. REAGER CHARLES E. ZALESKI liNUS E. FENIClE DEBRA DENISON CANTOR THOMAS O. WilliAMS SUSAN H. CON FAiR JOANNE HARRISON CLOUGH +Certified Trial Specialist Writer's E-Mail Address:ddenison@epix.net July 30, 3001 The Honorable J. Wesley Oler Cumberland County Court of Common Pleas 1 Courthouse Square Carlisle, PA 17013 Re: Bohls v. Bohls Dear Judge Oler: Pursuant to your Order dated June 7, 2001, you granted a general continuance of the hearing scheduled in the above-captioned matter as the parties had come to an agreement. Despite being provided with the written stipulation, the defendant has failed to execute the agreement. Therefore, we are requesting that you relist this case for an immediate hearing. I apologize for any inconvenience this has caused. DDC/ak cc: Michael Hanft, Esquire Janet Bohls 1> \ ~\j\j\ ~~\. ,..,J. '_,1;'0:'. ,,;'- ,",'.:'-'--, -.-,--~;i;;..,<-,:--~h,--,;_, ,'. '-, -Y'~'l~' ~,~ ~ , JANET BOHLS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW FRED BOHLS, Defendant NO. 00-895 CIVIL TERM ORDER OF COURT AND NOW, this 31st day of August 2001, pursuant to the attached letter from Debra Denison Cantor, Esq., attorney for Plaintiff, the hearing on Plaintiffs Petition for Special Relief previously scheduled for September 13, 2001, is rescheduled for Wednesday, October 24, 2001, at 1:30 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Debra Denison Cantor, Esq. 2331 Market Street Camp Hill, PA 17011 Attorney for Plaintiff t~YO\ J Michael J. Hanft, Esq. 19 Brookwood Avenue Suite 106 Carlisle, PA 17013 Attorney for Defendant :rc \-/iN\it\l^SNt~jd I "'n~'~ 'J~\T"""ln:J J\.Jy.;1 ;~,,),) '-, '_~~~:;I'\I' ~ J?~;I 'fI31flJ! A..c...-' l' I ',I II! '... '1'1" '" J 1:,....i ~ ! l; ,\.U\/.l(,;', .~.. " ' ;" ~o ".- " -"~ ~- ~, - 1 ',_ -h" ,-J.,':.o' Sent by: REAGER & ADLER PC- 717 730 7366; 08/29/01 16:44; JeHax .#951;page 2/2 .1... .. REAGER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW 2331 MARKET SrREFT CAMP Hill, PENNSYLVANIA 17011-4542 117-763-1383 'r5LEFAX 717-700-7000 WEBSITE:; AeagarAdIArPl': oom T' 1I:0COAE A. ADLER. CAW'l W AFAGER CHAFlLES E. ZALESKI llNUS 10, FENICLE CEBRA OENISON CANrOR THOMAS O. WILLIAMS SUl:lAN H, CONFAIA JOANNE HARRISON C\.OUGH _._---~....._--~-----"----.......~~---~---- +l.:IiIrtrtled 1 rial Speci.list WJlll:lrlj i:-MElII Address: aaamson.epIX,rlel Alleu~t '9, 2001 Via fll~$jmile (240.6462) The Uono~'4ble J. Wesley Oler Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013 Re: Bohls v, Bohle; No. 2000-895 in Divorce Dear Judge Oler: We arl;! schedule for a Special Relief Hearing in thl' "hove mattE/r on September 13 at !:30 p,m. I believe this matter was schp.dlllpd after consultation with the attorneys respective offices. I Iowevel', r am scheduled to be on a prearranged vacation from September !2 LmLil ~pttlmbl;!r 16". My associate is scheduk-d for CI. hearing with the DeparLmllHI uf Welfare the sam!.! day, Therefore, I must ask that this matter be re::.cll",uuled and expect that it will not take longer than 2 hours. I will have my secretary contact your chambers to assist in arranging a mutua By agreeable time for INs hearing. r apologize for any inconveni~l1ce thi~ m"y cause. I -----./ ODC/ak ('('; Michael Hanft, Esquire Janet Bohls . . ',j -1, :0.-- ",-' ~', "".., --~ - ,_ "..-;,'- JANET BOHLS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW FRED BOHLS, Defendant 2000-895 CIVIL TERM ORDER OF COURT AND NOW, this 24th day of October, 2001, upon consideration of Plaintiff's Petition for Special Relief filed in the above-captioned matter, and following a proceeding at which an agreement between the parties was described for purposes of the record in this case, the Petition for Special Relief is deemed resolved in accordance with the agreement as dictated. By the Court, J Joanne Harrison Clough, Esqui e 2331 Market Street Camp Hill, PA 17011-4642 For the Plaintiff Michael J. Hanft, Esquire 19 Brookwood Avenue, STE 106 Carlisle, PA 17013-9142 For the Defendant .-m~' ~ iO- ao-o/ 9-. pcb OF FrUf:?7:f:T,~~?~)TARY 01 OCT 29 PH 3: 1,2 CUM8Ei~LA,~CI COUNTY PENNSYLVANIA _~oo~=,,~ , ~~I!l!RL_~~It!ffilIl_~_~ , f "-,.,: "'.1-0'_"- , -- ~~, _ ,.;. '" - - ,'",,"; _ ,""~, Ii!- ",,,,--; -, -~, , ' , . JANET BOHLS, Plaintiff - ;-'.-, ;:: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2000-895 FRED BOHLS, Defendant : CIVIL ACTION - LAW : IN DIVORCE RUT ,R TO SHOW CAlJSR AND NOW this~' day of 1 J.A<' , 2003, a rule to show cause is issued why the relief requested in the attached motion should not be granted. Rule returnable in Z. ~ days. BY THE COURT (of'! /I1",Jlecl to I, I, to J. ;1?/LJw...1 s:- t/o.nn f~ [}.bf'tt Dn'so(\Co.n~.f F.:~t. (7:Lf. TrJ A.cffl40",ornRY OFF1:CE :JCM. lr. Joel3 Ii AH . . . ", ,-~',", , '-, ~, ~ " " ,~ ,- - . I, ,',,-,- "'--,- ~-' ~,,--', '-;;d' "'~" '~';, .. JANET BOHLS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2000-895 FRED BOHLS, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORDER AND NOW this day of , 2003, the parties hereto are ORDERED to sell the real property located 3519 Ada Drive, Mechanicsburg, Cumberland County, Pennsylvania. Said home shall be placed for sale within 15 days of this Order with a realtor agreed upon by the parties. The parties are hereby ORDERED to cooperate fully in the sale of the property. At the time of sale, all proceeds shall be divided equally after the deduction of the reasonable costs of sale. Husband shall be solely responsible for all costs and expenses associated with the home up to the time of the sale. BY THE COURT J. ~-_.- ;"J_~_"'~,,,"~, -'-'-'"0"; '''-_''._ 1 "..:' ,;~_ ,-" , , JANET BOHLS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLV ANlA V. : No. 2000-895 FRED BOHLS, Defendant : CIVIL ACTION - LAW : IN DIVORCE MOTION TO ENFORCE COURT ORDER AND NOW comes Petitioner Janet Bohls, by and through her counsel, REAGER & ADLER, PC and requests this Honorable Court to enforce a Court Order as follows: 1. On April 12, 2001, Wife filed a Petition for Special Relief regarding the marital home. 2. On September 13, 2001, a hearing was scheduled in this matter before the Honorable Judge Oler. 3. At that time, the parties entered into a stipulation which was read into the record by counsel and entered as an Order dated September 13, 2001. 4. Pursuant to the terms of the Court Order, Husband had seven (7) months from the date of the Order to complete a refinance or assumption to remove Wife's name from all obligations associated with the home. 5. At the time of the ref mance, Wife was to execute a deed transferring her interest in the marital home to Husband and the equity in the home would be divided equally between the parties. 6. The refinance of this property has not occurred. 7. Respondent's counsel contacted Petitioner's counsel approximately thirty (30) days ago regarding the refinance, but no proof of refmance or the payment of one-half of the equity has ever been provided to Petitioner. ._ T_"_~_" ,-,,', ,; ,,~G C-'~"'''~._'-'''''''''N-':''' 'h'_, "" > . 8. Pursuant to the terms of the Order, if Husband failed to refmance within the time limits, the home was to be listed for sale. 9, In the event of sale, the selling price minus reasonable closing costs would determine the equity in the home, and all proceeds would be divided equally between the parties. 10. Pursuant to the Order, Husband was to be solely responsible for all costs and expenses associated with the home, pending refinance or sale. 11. The time provided in the Order has expired, and Husband has failed to comply with the terms of the Stipulation. WHEREFORE, Petitioner requests this Honorable Court to enforce the Order dated September 13, 2001, and require the home be listed for sale and the proceeds divided equally between the parties. Respectfully Submitted, REAGER & ADLER, PC Dated:W 10)0 r 2 , >. ,---, >-1,' -"'v . - " '>'~'>'. -~ , ; . . . .. I .. CERTIFICA TE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing Petition for Special Relief was served on the following individuals via United States First Class Mail, postage prepaid as follows: Michael J. Hanft, Esquire Law Office of Michael J. Hanft 19 Brookwood Street Carlisle, P A 17013 Dated: Lt/ID JO~ r Deni n C tor, Esquire PI. orney ill No, 66378 2331 Market Street Camp Hill, P A 17011 (717)730-7366 Attorney for the Plaintiff ,^I'~iiIiIflI'-' ,,' . ,~,,_ ~_ ~,~_1!I!l'lllI _ ~-"<~,-, ,,", '-'- "-" .'", - ~, ," " , ~-, .,~ -" ~- I . , 0 0 0 c:: w " ? , -..,. ~J -on7 ,- r- ~ffi ;;1:: ,":(1 -n r-: t;S.~ "0 -';'8 -<-F"":: ~~-~{~) ~c; -0 -'-' 'rl ~' .-;::-n ~:r-' -,. ,.,,:-~- ;'-', -~ j~~ 5>,~ r:-? ,.,) '- ~ :s ~ -( .-J =< .' , . - I, ' ~ Ii, '';'--"' NOv ! 3 2a~ REAGER & ADLER, P.C. BY: JOANNE H. CLOUGH, ESQUIRE Attorney J.D. No. 36461 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 JANET BOHLS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 2000-895 FRED BOHLS CIVIL ACTION - LAW Defendant IN DIVORCE tt. ORDER . AND NOW, this Z. C day of November, 2000, upon review of the attached Petition of Plaintiff, Janet Bohls, it is hereby ORDERED AND DECREED that the Defendant, Fred Bohls shall answer fully Plaintiff's outstanding discovery requests in the above-captioned matter LLD<:.1)1t.r within tetJ. (lO)-d:!tys hereof under penalty of further sanctions. BY THE COURT: 't~ 1/-:2/-00 R/s J. I ".~'" "'"'c' "_ OF 00 ':0\12 i ['11,11: ei7 , " I~- . rv\J'I\i<r\iC'I~"U",.!I\ l' 'i',I,l~,I'iY .''-''-' 'I,,,,,, ..""'.Ii PENNSYL\/AN!!\ " ..,",,- "-"""~'''''''''''' ~ - 1iJ!~ ~ ~ ~ ",~.,.,.,." =.IIlI!!I"'!~'r~f-, ' - .- I,.' REAGER & ADLER, P.e. BY: JOANNE H. CLOUGH, ESQUIRE Attorney J.D. No. 36461 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 JANET BOHLS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Petitioner/Plaintiff v. NO. 2000-895 FRED BOHLS CIVIL ACTION - LAW RespondentJDefendant IN DNORCE PETITION TO MAKE RULE ABSOLUTE AND NOW, comes the Petitioner, Janet Bohls by and through her attorneys, Reager & Adler and respectfully files this Petition to Make Rule Absolute and in support thereof avers as follows: 1. On April 10, 2000, counsel for Petitioner served Respondent's counsel with Plaintiff's First Set of Interrogatories via First Class Mail. 2. Under Rule 4006 and 4009.12 of the Pennsylvania Rules of Civil Procedure, Defendant was required to respond to the discovery requests within thirty (30) days. ,'", ,~" ",.;,,,,,, " , ,I -,,;, =- ',- ,; .~ 3. Said discovery requests remain unanswered and on June 1,2000, Petitioner filed a Motion for Order to Compel Discovery. A true and correct copy of said Motion is attached hereto, made a part of and incorporated by reference as Petitioner's "Exhibit A". 4. On June 8, 2000, a Rule to Show Cause was issued by this Honorable Court directing Respondent to show cause why the relief requested should not be granted. A true and correct copy of said Rule is attached hereto, made part of and incorporated by reference as Petitioner's "Exhibit B", 5. Said Rule was returnable within twenty (20) days from date of service. 6. On August 22, 2000, Petitioner's counsel received correspondence from Attorney Michael J. Hanft indicating that he was going to undertake representation of Respondent and that answers to interrogatories would be forthcoming within thirty (30) days. A true and correct copy of said correspondence is attached hereto, made part of and incorporated by reference as Petitioner's "Exhibit C". 7. To date, Petitioner has received no responses to the outstanding discovery requests of Interrogatories and Requests for Production of Documents that were initially served on Respondent on or about April 10, 2000. ',' ,- ",""',, , ,~' ".. ,_-'~_" , _ "-",_,~,,,'- , --_, "'--C",",""':-,O - -- WHEREFORE, Petitioner, Janet Bohls, respectfully requests this Honorable Court make said Rule absolute and issue an Order directing the Respondent, Fred Bohls, to answer fully Plaintiff's outstanding discovery requests in the above-captioned matter within ten (10) days hereof under penalty further sanctions. Respectfully submitted by: REAG R & ADLER, P.C. JOA . CLOD H, Sup. Ct. J.D. No. 36461 2331 Market Street Camp Hill, P A 17011 (717)783-1383 ,_~ ,~ _ __ _,__..ib",j', J_,,-: CERTIFICATE OF SERVICE AND NOW, this 7th day of November, 2000, I hereby verify that I have caused a true and correct copy of the foregoing document, Petition to Make Rule Absolute, to be placed in the u.s. mail, first class, postage prepaid and addressed as follows: Mr. Fred Bohls c/o Michael J, Hanft, Esquire 19 Brookwood Street Carlisle, PA 17013 Dated: November 7,2000 By: REAGER & ADLER, P.c. , ,c__ \.- , ",,"'~._'o VERIFICATION I, JOANNE H. CLOUGH, ESQUIRE, being duly sworn according to law, depose and state that I am the attorney for the Plaintiff, JANET BOHLS, and I make this verification on her behalf and that said Plaintiff is unavailable and unable to make this verification on their own behalf within the time allotted for filing of this pleading and the facts set forth in the foregoing pleading are true and correct to the best of counsel's knowledge, information and belief. REAGER & ADLER, P.C. By: JOANNE H. CLOUGH, ESQ Date: November?, 2000 -~ " . .,"'- l~it~;" (' r" REAGEn., ADLER & COGNETTI, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 233 1 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 JANET BOHLS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 2000-895 FRED BOHLS CIVIL ACTION - LAW Defendant IN DIVORCE ORDER AND NOW, this _ day of ,2000, upon motion of Plaintiff, Janet Bohls, and this Court being otherwise advised ofthe circumstances, it is hereby ORDERED that Defendant, Fred Bohls, shall answer fully Plaintiffs outstanding discovery requests in the above- captioned matter within ten (10) days hereof, under penalty of further sanctions. BY THE COURT: J. ~~ ~ Ii.~ (" f" REAGER, ADLER & COGNETTI, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney LD. No. 66378 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 Defendant : IN THE COURT OF COMMON PLE~ g '-fi : CUMBERLAND COUNTY, PENN,l~;l~ V @Ilk:;:: · NO 200~89S I~ : ~~ ~~ ~ ',,0 -G w r')lti CIVIL );:oc ~ ACTION - LA W ~ ,::> ~ IN DIVORCE JANET BOHLS Plaintiff v. FRED BOHLS PLAINTIFF'S MOTION FOR ORDER TO COMPEL DISCOVERY Plaintiff, Janet Bohls, moves this Court pursuant to Rule 4019 of the Pennsylvania Rules of Civil Procedure for an Order compelling Defendant, Fred Bohls, to provide answers to Plaintiffs First Set oflnterrogatories to Defendant and Plaintiffs First Request for Production of Documents to Defendant. In support of this Motion, Plaintiff states the following: 1. On April I 0, 2000, counsel for Plaintiff served counsel for Defendant with Plaintiffs First Set oflnterrogatories to Defendant and Plaintiff's First Request for Production of Documents to Defendant, via first -class mail. 2. Under Rules 4006 and 4009.12 of the Pennsylvania Rules of Civil Procedure, Defendant was required to respond to these discovery requests within thirty (30) days. >,~ ~' (""' ('" ~ 3. As of the date ofthis motion, Defendant has failed to respond in any fashion to Plaintiff s discovery requests. 4. Much of the information requested is in the sole and complete control of Defendant and Plaintiff cannot proceed with this case without said information. 5. Plaintiff s counsel will be severely prejudiced without this information. WHEREFORE, Plaintiff, Janet Bohls, respectfully requests that this Honorable Court enter an Order compelling Defendant, Fred Bohls, to respond fully to Plaintiffs outstanding interrogatories and to produce all requested documents within ten (] 0) days of the date of said Order, under penalty of further sanctions pursuant to Pa. R.C.P. 40] 9. Respectfully submitted, REAGER, ADLER & COGNETTI, PC Date: May 22, 2000 By: CANTOR, ESQUIRE 6378 233] Market Street Camp Hill, PA 1701 ]-4642 Telephone: (717) 763-1383 Attorneys for Plaintiff -2- Jj ",'. . r" r- ~ ~. CERTIFICATE OF SERVICE AND NOW, fu;, ii1J day of --f11;:t:, ,2000, I h=by "orify fu" I \ have caused a true and correct copy of the foregoing do ent, Plaintiffs Motion For Order to Compel Discovery, to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Fred Bohls c/o James K. Reed, P,A. 24 North Jonathan Street Hagerstown, MD 21740 REAGER, ALDER & COGNETTI, P.C. By: . . , -~- -"~ - .' ~ ~ I'~ '~, r r ~ REAGER, ADLER & COGNETTI, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 RECEIVED JUN oj 2 2000 JANET BOHLS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. NO. 2000-895 FRED BOHLS CIVIL ACTION - LAW Defendant IN DIVORCE RULE TO SHOW CAUSE AND NOW, to wit, this ~day of :Ju.J e 2000, upon consideration of the attached Motion for Order to Compel Discovery, a Rule is hereby entered upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE :z 0 DAYS FROM SERVICE. BY THE COURT: ;_...~ ,---,._" ~-~~-,\~, ~:-"...~'~:~) Ie] -: .,' ;, i- - 1-' ."" c-' 'I'V 'nand .' _. Jv', r "., '.- _. ,. _, ..~, I 'I ,1 and lhe seai of Sol' Court at Carlisle, Pa. Th" ..2m.~~~;~ ~- ", ~,"n _ ,-", -,' ,,' ~ -'<'-'C""_-",', ;,I'-'-'-k"""__~""' .,,',",", -,- ,-,~;"""",,; '.;~~',.";'d',,,,,,';,c ",- ':,C-,"";f-'.;' . . LAw OFFICE OF MICHAEL J. HANFT ATTORNEYS & COUNSELLORS AT LAW MICHAEL J. HANFT GREGORY H. KNIGHT RICHARD L. WEBBER, JR. August 21,2000 DR r;::; re; mv? ;'iif;:\~ . 1...5 ~ {~5 U ',J 1::'-;; ~\ 'I r-------" 'il ii' t ". 2 2 200J I~IU;! II.~ ",.,. -.' _...."...... Debra Denison Cantor, Esquire REAGER, ADLER & COGNETTI, P.C. 2331 Market Street Camp Hill, PA 17011-4642 RE: Bohls v. Bohls No. 2000-895 - In Divorce - Cumberland County Our File No. 1796.1 Dear Ms. Cantor: Please be advised that Fred Bohls has hired me to take over representation of him in the above-referenced matter. I am in the process of securing a Praecipe from James K. Reed, Esquire, wherebyMcReedwiliwlthdraw his appearance and I will enter mine. Additionally, please be advisedrthaUamjtHeceipt of a copy of the Order dated August 10, 2000, wherein Mr. Bohls is required to comply with discovery requests within thirty (30) days ofthat.date. Please be advised that I am in the process of securing the information to respond to same. Additionally, please be advised that I will be serving discovery requests upon you similar to the discovery requests which you served. Should you have any questions or wish to discuss this matter further, please feel free to contact me at your convenience. ~ ~. V-1M!Jt liJ Michael J. Hanft MJH!dln cc: Fred Bohls Dictated but not read. F\U:ser-F~id~~\Fifm Docs\G~Jjr20<i0\ 1796~ I dii~, 1. wpd, 19 BROOKWOOD AVENUE SUITE 106 CARLISLE. PA 17013-9142 717,249.5373 FAX 717.249.0457 WWW.HANFTLAWFIRM.COM / )' . ,( '<:.'\,' , . 0 c ~s c: c) :g:, Z ""t)'~-r-l- q ~ 'c..> ~i~; ,. ,- "e,\ I ':~ <0 , , ~~.;o,-,; ''''-, () ~::C; ..,) ., ~','" ',~) (';; )::>r') -""-0,, ,-,,,,,",. (~~lTI ~C) '-.y PC: .-, .~ ~ - :'P (::;l -< REAGER & ADLER, P.C. ATTORNEYS AT LAW 2331 MARKET STREET CAMP Hill, PA 17011-4642 (717) 763-1383 -,iiL ,-,,-", L: _". ;-""- ,-,;, , '~'~'; , AUG 7~ JANET BOHLS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2000-895 FRED BOHLS, Defendant CIVIL ACTION - LAW IN DNORCE ORDER AND NOW, this 10 ~ day of II..., UIJ:::" t 2000, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED that Defendant, Fred Bohls, shall answer fully Plaintiff's outstanding discovery requests in the above-captioned matter within ~o . days hereof under penalty of further sanctions. BY THE COURT: Dated: J. -{f\ ~ L'.~-IO -00 ~'Yf , ';"1 " " ",.,-~ '""'"~'""" . -, ,~",~"~l\\1'_e " .(', '~'F <4 ~~~,~: %<'i, /"" ~f;~~~ ...cV--{, G- ' :}~\,,-" ('''}'"$,- A '0 ~<t"Tf '-? 4^ ~ ~l ~ r'~ ~;t... <:?, Cl. . ~'vG. ~;) ~ <10- --"~ _...,.,~_.III!JI__! \ ~, 'Ii.v.-.I,,, , ~ ~ :r;:',,,':';j , REAGER, ADLER & COGNETTI, PC DEBRA DENISON CANTOR, ESQUIRE Attorney J.D. No. 66378 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorneys for Plaintiff JANET BaHLS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2000-895 FRED BaHLS, Defendant CNIL ACTION - LAW IN DNORCE PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiff, Janet Bohls, by and through her counsel, Reager, Adler & Cognetti, P .C., and requests this Honorable Court to make the Rule dated June 8, 2000 absolute; 1. On or about June 1, 2000, Plaintiff filed a Motion to Compel Discovery. 2. On June 8, 2000, this Honorable Court signed a Rule to Show Cause with the Rule returnable twenty (20) days from the date of service. 3. A Rule was served on James K. Reed, Esquire, 24 North Jonathan Street, Hagerstown, Maryland 21740, counsel for Defendant, Fred Bohls. 4. On or about June 15, 2000, Plaintiff's counsel received correspondence from Attorney Reed indicating that he was no longer representing the Defendant, Mr. Fred Bohls. , < '0__ "Ii '--, ,,,; 5. Therefore, by way of correspondence dated June 20,2000, the Rule to Show Cause as well as the original copy of discovery requests were served on the Defendant directly. A copy of said correspondence is attached hereto as "Exhibit A". 6. To date, the Defendant has failed to respond to either the Rule to Show Cause or the discovery requests. 7. Therefore, Plaintiff requests this Honorable Court to make the Rule dated June 8, 2000 absolute. WHEREFORE, Plaintiff requests this Honorable Court to make the Rule dated June 8, 2000 absolute and to order Defendant to answer all outstanding discovery requests within ten (10) days of service of this Order. Respectfully Submitted: REAGER, ADLER & COGNETTI, PC Date: August 3, 2000 /"') ,> ,/ ! By: /- . I ON CANTOR, ESQUIRE o. 66378 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorney for Plaintiff _ , i. ~ ' ,--' , Rt:AGER, ADLER & COGNETTI, "C ATTORNEYS AND COUNSELORS AT LAW 2331 MARKET STREET CAMP Hill, PENNSYLVANIA 17011-4642 717-763-1383 TElEFAX 717-909-4333 WEBSITE: ReagerAdlerPC.com THEODORE A. ADLER + DAVID W. REAGER MARIA P. COGNETTI ++ LINUS E. FENIClE DEBRA DENISON CANTOR THOMAS O. WilLIAMS SUSAN H. CONFAIR JULIE A. McCONAHY Writer's E-Mail Address:ddenison@epix.net + Certified Civil Trial Specialist ++ Fellow. American Academy of Matrimonial Lawyers June 20, 2000 Mr. Fred Bohls 3519 Ada Drive Mechanicsburg, P A 17055 Re: BaHLS v. BaHLS Our File No. 99-906 Dear Mr. Bohls: I have been informed by James K. Reed that he is no longer representing you in the divorce action. Therefore I am serving on you directly a Rule to Show Cause regarding our Motion to Compel Discovery. For your records, I have enclosed an original copy of the discovery request served on your attorney. You must respond to this Rule within twenty (20) days from service. DDC/aag Enclosure cc: Janet Bohls (w/o enclosure) " ,c;--.;., -" ",'--h; 'd": , ' CERTIFICATE OF SERVICE AND NOW, this 3rd day of August, 2000, I hereby verify that I have caused a true and correct copy of the foregoing document, Plaintiff's Motion to Make Rule Absolute, to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Mr. Fred Bohls 3519 Ada Drive Mechanicsburg, PA 17055 Dated: REAGER, ADLER & COGNETTI, P.C. By: a&ll~$ Debra Denison Cantor, Esquire / . . (') c:: "U~ rom ~:n .c..'- C/).'h, ~~, ~"'" ~c:5 ?8 ~c: z', :<" REAGER, ADLER & COGNETTI. P.C. ATTORNEYS AT lAW 2331 MARKET STREET CAMP Hill, PA 17011-4642 (717) 763-1383 - < . '" Q, o J> c:: C;"') I .[;:'" " '-' " '~!~' ?,,\Jy '-'0 ~ ;'_:2~H :;,~~ ~ -< '-, """'--, UI c:.n oi:l_: >- 0:; <' ...;0 U_j~~ ("I ?--- t{O " -- L < -~~,~i:;" \. 1 REAGER, ADLER & COGNETTI, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney J.D. No. 66378 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 -1;[,: .. JANET BOHLS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 2000-895 FRED BOHLS CIVIL ACTION - LAW Defendant IN DIVORCE RULE TO SHOW CAUSE AND NOW, to wit, this ..' g tLday of - ..J 'll.>> r 2000, upon consideration of the attached Motion for Order to Compel Discovery, a Rule is hereby entered upon Defendant to show cause why the relief requested should not be granted. eXl RULE RETURNABLE "}.O DAYS FROM SERVICE. rs :5< n- o~ 0:::3 BY THE COURT: :~~~ r."(-7 l:":'U] 1\'-;:-::- " CD x: - ("'., fJ', -") () .l? ~ q_DO 1/ 1- 'f.'=> ~ -' "-- ,'~ "..;.-" l .-~ ... REAGER, ADLER & COGNETTI, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney J.D. No. 66378 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 JANET BOHLS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 2000-895 FRED BOHLS CIVIL ACTION - LAW Defendant IN DIVORCE ORDER AND NOW, this _ day of ,2000, upon motion of Plaintiff, Janet Bohls, and this Court being otherwise advised of the circumstances, it is hereby ORDERED that Defendant, Fred Bohls, shall answer fully Plaintiffs outstanding discovery requests in the above- captioned matter within ten (10) days hereof, under penalty of further sanctions. BY THE COURT: J. " - '" I,. " c,'1 '- .c" ~ REAGER, ADLER & COGNETTI, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 JANET BOHLS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 2000-895 FRED BOHLS CIVIL ACTION - LAW Defendant IN DIVORCE PLAINTIFF'S MOTION FOR ORDER TO COMPEL DISCOVERY Plaintiff, Janet Bohls, moves this Court pursuant to Rule 4019 of the Pennsylvania Rules of Civil Procedure for an Order compelling Defendant, Fred Bohls, to provide answers to Plaintiff's First Set ofInterrogatories to Defendant and Plaintiff's First Request for Production of Documents to Defendant. In support of this Motion, Plaintiff states the following: 1. On April 10, 2000, counsel for Plaintiff served counsel for Defendant with Plaintiffs First Set ofInterrogatories to Defendant and Plaintiff's First Request for Production of Documents to Defendant, via first-class mail. 2. Under Rules 4006 and 4009.12 of the Pennsylvania Rules of Civil Procedure, Defendant was required to respond to these discovery requests within thirty (30) days. ~c .'-~ . . ~ j '. -" " , --'1 4. .c ~ 3. As of the date of this motion, Defendant has failed to respond in any fashion to Plaintiff's discovery requests. 4. Much of the information requested is in the sole and complete control of Defendant and Plaintiff cannot proceed with this case without said information. 5. Plaintiffs counsel will be severely prejudiced without this information. WHEREFORE, Plaintiff, Janet Bohls, respectfully requests that this Honorable Court enter an Order compelling Defendant, Fred Bohls, to respond fully to Plaintiffs outstanding interrogatories and to produce all requested documents within ten (10) days of the date of said Order, under penalty offurther sanctions pursuant to Pa. R.C.P. 4019. Respectfully submitted, REAGER, ADLER & COGNETTI, PC Date: May 22, 2000 By: CANTOR, ESQUIRE 6378 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 Attorneys for Plaintiff -2- w .- 4. CERTIFICATE OF SERVICE AND NOW, thi, fijf,l "'y of -.J'I1;J:, , 2000, I h=by "rrify \hm I have caused a true and correct copy of the foregoing do e:rt, Plaintiff s Motion For Order to Compel Discovery, to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Fred Bohls c/o James K. Reed, P.A. 24 North Jonathan Street Hagerstown, MD 21740 REAGER, ALDER & COGNETTI, P.C. By: -3- 0'_ ".' '-0. . q / ~ ~ S - Nor , ~ ~, ,',"',. ~~~' ~ ,-,,'i . , .;.,...,'..!I- J( - ............' , ~ 2 ~ -otP rntp 7._.... -t z '~ iJ1.E;;.' 20 '< ~S :;P-c: ~ REAGER. ADLER & COGNETTI, P.C. ATTORNEYS AT LAW 2331 MARKET STREET CAMP HILL, PA 17011-4642 17171 763-1383 ;"Z,S:,i-Ci--! j'-", - . '~ , <-,";hc \,'.. -. , , .}>. o -n ---< ~;:D ~l\ o ~ - "< c:> c:> c- c:: ~ \ , ',."J, ,;,~ 'w';", ,-, " " , ~~ --< '.,~ . ", 1 ; c _' ~ .;:. -..~ JANET BOHLS, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 895 CIVIL FRED BOHLS, Defendant IN DIVORCE TO: Debra Denison Cantor Attorney for Plaintiff Michael J. Hanft Attorney for Defendant DATE: Thursday, August 30, 2001 ."" CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is req~ired that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. A Motion to Compel Discovery and Seeking Fees has been filed byPlaintiff. Defendant has failed to provide information regarding his income since 1997. It is expected that Defendant should readily be able to provide such information within the next 30 days. All other information has been exchanged. 'il ' _J', ; ~" ~,_ I '-I i I I '~, "', (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. It is expected that Defendant will produce 30 days. However, Plaintiff is requesting pretrial immediately. this information within that this case be set for qlJOIDI 'DATE ( x) ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. THEODORE A. ADLER + DAVID W. REAGER CHARLES E. ZALESKI LINUS E. FENICLE DEBRA DENISON CANTOR Writer's E-Mail Address:ddenison@epix.net Special Master Robert Elicker Office of the Divorce Master 9 North Hanover Street Carlisle, FA 17013 Re: Bohls v. Bohls No. 00-895 Our File No. 99-906 Dear Bob: 1-- ;',,< REAGER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW 2331 MARKET STREET CAMP HILL, PENNSYLVANIA 17011-4642 717-763-1383 TELEFAX 717-730-7366 WEBSITE: ReagerAdlerPC.com September 11, 2001 . . I THOMAS O. WILLIAMS SUSAN H. CONFAIR JOANNE HARRiSON CLOUGH +Certified Trial Specialist Please find enclosed the Certification in connection with the above-referenced matter. DDC/mrrll< Enclosure: Certification cc: Michael J. Hanft, Esquire Janet Bohls .....~ --I~ ,,;" " ,', "~,,, ~/,,\ JANET BOHLS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2000-895 FRED BOHLS, Defendant CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER AND NOW, this 1it..~ of ~ ,2001, comes the undersigned attorney for the plaintiff and certifies to the Cou at the above action in Divorce is at issue; that no issue has been directed by the Court to be tried by jury, and therefore respectfully moves the Court for appointment of a Master. The following matters are at issue between the plaintiff and the defendant: (.,[) Grounds for divorce; (.,[) () Support; (.,[) Alimony; ( ) (.,[) Equitable distribution of () property; ( ) Alimony Pendente lite, Counsel fees; Paternity; Custody; Other Service ofthe complaint was made on the above named defendant on February 22, 2000 by certified mail. An appearance on behalf ofthe defendant has been entered by Michael Hanft, Esquire. The following attorneys have been interested in other matters arising between the plaintiff and defendant: none Contest is indicated. AND NOW,this;26 ~YOf i1"'hdr:2001, e~ fZ..J~ Esq., is hereby appointed Master in this p~' hear the testimony and return the record and a transcript to the Court together with report and recommendation. BY THE COURT: Lr -!f}aJJ --<-1-0/ GJ{s !J. '. ( I~, .-'-',. ",~ ~~. I:::-'! C:-"\J\':pr';: f'c '. '..'i'i,;..~~:', r~:"TJ'R\f : ~4~' '~;'\,;: "-'~N~cJ!f,~ '\ '. \, '" ~ 'r '-~\. ';,~t '~,~'..,'\" '-. \ 01 AUG lD.:~ir.J.h8 . ",,~., CU,v18EiVi,\l) COUNTY PENNSYLVANIA " , ~- ~",.".,,", ~~-,~-,~ , ,'" ,....~. l__lJ ~ , ~,u~_~_ _d'_, ,,;. c ' ",,-,,--,.,;.:-,'., ",,,: , ,,\ CERTIFICATE OF SERVICE I, Angela A. Kelly, do hereby certify that on this date I served the foregoing Motion for Appointment of Master by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Michael J. Hanft, Esquire 19 Brookwood Avenue, Suite 106 Carlisle, P A 17013 REAGER & ADLER, PC Date: 6,b-o \ . ~ ..:I' ~ :'-'- C 2:': !'_.~ N ::::J ~Q <( (1.<"-' () Z C'::~,-; .,.- C> <( ~?F~ L'._ C1 :::i (J ~,S~ c:.' LL~ N c::: l., c: jr.:z ,:_UW """ cCi n.. .,2 I.'", ::J CJ ('::) (,) I i ... ( " hL. ",> "", ~~ " ., H<\ -=:;" ,-",< [1>- n j JlJllr ') I-~ 1...' I H ,1<' .:'v l~~r , " I'~~,- "! <~ t'-;,:j TJ\RY PH 3: 50 C' I~ I,':"',' I, i -' ;''', 1--.(",IIt.rrY U',il/:!-""'i"" ,-",'-" 'J' 'I',. .,W..... _' "...... ....' ,... . PENNS'{LVAi\JIA "~>","~" '""" ,......,...,..r "~,mtl!._ r",""""', _~1I!J1JI!I!IIIt!_~ :'1" ,.-_..,,~'-"!!' ~. I" ''-~ I '-,. .. . !' ," 1 i) '")er?\ \/ '''''';-,i~ J oil. IJ ~_', J_ yr KENNETH B. BEAM, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff, NO.: 00-5837 DENISE K. BEAM, Defendant. CIVIL ACTION - LAW DIVORCE RULE TO SHOW CAUSE AND NOW, this 7_ 'i It, dayof.J"? n l > 2J 7 ,2002 upon review of the attached Motion, a Rule is hereby issued against Respondent Kenneth B. Beam to show cause, if any, why Movant Denise K. Beam's Motion to Compel should not be granted. Rule returnable within 2. 0 days of date of service. BY THE COURT: ~ ost jl aF -1f)~ ) ~Y;'{)d.' L iJ\s oR p ,-~ ",,-- r.',',' ':{,,'fi,' ., ~ Q)h"'{ Sf/ ~j: ,,{f ff5~~' - {t€T .~ _~;~7 ;t;o0 ...... ,'Y Y -"'s;; ,,~ /i,:';'?? ~ '.v ~...-::!-.i ~ t\; (Sf;.? ~..., !if ..... ~~ KENNETH B. BEAM, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO.: 00-5837 DENISE K. BEAM, Defendant. CIVIL ACTION - LAW DNORCE MOTION TO COMPEL AND NOW comes Defendant Denise K. Beam, by and through her counsel, Reager & Adler, P.C., and moves this Court to compel discovery responses as follows: 1. Movant is Denise K. Beam, an adult individual residing at 301 Front Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. Respondent is Kenneth B. Beam, an adult individual with the last known address of 504 Cherryville Road, Apartment # I, Northampton, Lehigh County, Pennsylvania 18067. 3. Respondent filed a Complaint in Divorce on August 23,2000 raising claims for a no-fault divorce. 4. On August 31, 2000, Movant filed a Petition raising claims for equitable distribution, alimony, alimony pendente lite, counsel fees and costs. 5. On March 27, 2001, Movant filed a Second Request for Production of Documents seeking the following: (a) Statements from Old Discount Brokerage account from June of 1997 to the present. To date, only the statement from April of 1997, June to July of 1999 and June to September, 2000 have been provided. (b) All pages of all quarterly reports from Respondent's IBM 401(k) beginning June 30, 2000 to the present. Said discovery request was not provided in its entirety. ~'~~_. .~ ~~ ~~. - '" 7. On August 3, 2001, Movant moved for the appointment of the Divorce Master. 8. This case cannot be tried before the Divorce Master until this information has been provided. 9. Movant's counsel has requested this information on an informal basis. The most recent request being November 21, 2001 by correspondence. Said correspondence is attached hereto as Exhibit "A." 10. To date, Respondent has failed to provide the additional information necessary to move this case forward to a Master's hearing. 11, Pursuant to the Rules of Civil Procedure, Respondent had 30 days in which to provide a full and complete response to these requests or an objection thereto. Neither has been provided. WHEREFORE, Movant requests this Honorable Court to execute an Order compeling Respondent to provide full and complete discovery responses. DATE: '(l51D1- Respectfully submitted, REAGER & ADLER, P.c. 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 =~ , . 'o)_L 'J --, , , REAGER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW 2331 MARKET STREET CAMP Hill, PENNSYLVANIA 17011-4642 717-763-1383 TElEFAX 717-730-7366 WEBSITE: ReagerAdlerPC.com THEODORE A. ADLER + DAVID W. REAGER CHARLES E. ZALESKI LINUS E. FENIClE DEBRA DENISON CANTOR THOMAS O. WilLIAMS SUSAN H.CONFAIR JOANNE HARRISON CLOUGH CHRIST IN!' SCHWAMBERGER +Certifjed Trial Specialist Writer's E-Mail Address;ddenison@epix.net November 21, 2001 Kathy M. Shugh<i!'t Esquire 27 South Arlene Street P.O. Box 6315 Harrisburg, P A 17011 RE: Beam v. Beam Our File No: 01-900 Dear Kathy: I have had an opportunity to review the file, and I am enclosing for YOll a statement dated May 17, 2001, which provides information regarding my client's SERS statement. Said statement provides you with the value of the account as of 10/1/97,6/10/01 and 5/17/01. It also provides for you her final average salary in the latter two instances. This should provide you with satisfactory information to obtain an appraisal on the pension value. However, if you need additional infOlmation, please do not hesitate to Gontact me. I note that I am enclosing for you a copy of the Certification filed my Mary Kollas Kennedy wherein she indic'lted the items that were not provided in your responses to the Request for Production of Documents dated March.27, 2001, and April 3, 2001. This letter is requesting you provide me this infom1ation within the next seven (7) days as the outstanding disco \'ety requests are now seven months rwerdue. If! do not hear from you within the next seven (7) days, I will file a motion to compel discovery so we can move this matter to pretrial. Your attention is appreciated. Very; truly yours, ~~ DDC/waw EXHIBIT "A" Enclosure cc: Denise Beam (w/enclosure) , ,~ """ ~o.",,- __" I . ' . CERTIFICATE OF SERVICE I hereby certifY that on the date set forth below a true and correct copy of the foregoing document was served on the following individuals via United States First Class Mail, postage prepaid as follows: Kathy M. Shughart, Esquire P.O. Box 6315 27 South Arlene Street Harrisburg, P A 17112 Dated: 1/ t:jD 2- , ~~_lM~t~~.lliOOI1Mm..""-~1;""""i&il>i\Wi;>",,j';:~.,,"~~~'" .'~ "~' " IMi_ .,~~...J,<"'r" ,~"""-' o C '7 l:)C:; IJ~ f~~: thS~ ~~~- Z'> j;~ ~.::i -< C1 1"'" "". (-) -':1 ~~: .--:"'. .' /~. :'~ -, E <.,.,-;-" ~ - - .".. .-' ~~;i 1/ ~~ !Ii :1 'i' U Ii i il 1 i ~ ~~.) w ~, .'-.l J 'c' ", ~. .-_rl" ,;~-~ ';",ic>. REAGER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW 2331 MARKET STREET CAMP Hill, PENNSYLVANIA 17011-4642 717-763-1383 TElEFAX 717-730-7366 WEBSiTE: ReagerAdlerPC.com THEODORE A. ADLER + DAViD W. REAGER CHARLES E. ZALESKI LINUS E. FENIClE DEBRA DENISON CANTOR THOMAS O. WilLIAMS SUSAN H. CONFAIR JOANNE HARRISON CLOUGH CHRISTINE SCHWAMBERGER +Certified Trial Specialist Writer's E-Mail Address:ddenison@epix.net October 25, 2001 Special Master Robert Elicker Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Bohls v. Bohls Our File No. 99-906 Dear Bob: It is my understanding that counsel is going to provide me with all the outstanding discovery information in the immediate future. Therefore, I ask that you schedule this matter for pretrial. In addition, issues regarding the house have been resolved by separate Court Order. I look forward to receiving your pretrial directive. DDC/waw - ._ c,_;, '__'I..,.. -. JANET BOHLS, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW FRED BOHLS, Defendant NO. 00-895 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of October, 2001, upon consideration of Plaintiffs Second Motion To Compel Discovery Responses, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Debra Denison Cantor, Esq. 2331 Market Street Camp Hill, PA 17011 Attorney for Plaintiff Michael J. Hanft, Esq. 19 Brookwood Avenue Suite 106 Carlisle, PA 17013 Attorney for Defendant < .~ ~ It). 36-01 9-. 0 .-. c '.,~,,' C) ? '"n fE~~; C) "~'J """') --] '. , <,-- '-'J -- ~~~~ a :':'j :::::::----' ,~1~.~ p:. --";0 -'" i--"" ..,:t: ~~~?~ ~(:S )>. - c: om ~ .. ~ 0 )>: -..J :n -< :rc , . " s -~' '-J "-- ."2>-_, :; "",-'" , JANET BOHLS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2000-895 FRED BOHLS, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this day of ,2001, upon consideration of Plaintiffs Second Motion to Compel Discovery and to Order Sanctions, it is hereby ORDERED that: (a) Defendant is to produce the requested information within ten (10) days of the date of this Order; (b) Defendant is ORDERED to pay Plaintiffs counsel $750.00 within ten (10) days of this Order; ( c) Defendant is ORDERED to file his 1999 and 2000 tax returns no later than December312001. Any further breach of this Order will result in the assessment of fees and costs. BY THE COURT: Dated: 1. ", .., , ,-, JANET BOHLS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2000-895 FRED BOHLS, Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S SECOND MOTION TO COMPEL DISCOVERY RESPONSES Plaintiff, Janet Bohls, pursuant to Rule 4019 of Pennsylvania Rules of Civil Procedure, seeks an Order compelling Defendant Fred Bohls to provide answers to Plaintiffs Second Request for Production of Documents, and in support thereof, states as follows: 1. On September 11, 2001, counsel for Plaintiff served counsel for Defendant with Request for Production of Documents Second Set, via First Class mail. 2. Under Rules 4006 and 4009.12 of the Pennsylvania Rules of Civil Procedure, Defendant was required to respond to these Discovery Requests within 30 days. 3. As of the date of this Motion, Defendant has failed to respond in any fashion to Plaintiffs Discovery Request. 4. Much of the information requested is in the complete control of Defendant. Specifically, Defendant refuses to provide information regarding his income, sources of income and documentation thereof. Plaintiff cannot proceed with this case without that information. 5. Plaintiffs counsel has attempted to list this case for Master's hearing, but without complete discovery, this case cannot be finalized. 6. It is believed that Defendant is deliberately ignoring the Rules of Civil Procedure in order to continue to delay this matter. 7. On April 10, 2000, Plaintiff issued a First Set of Interrogatories and Request for Production of Documents. 8. On May 22, 2000, Plaintiff had to file a Motion to Compel Discovery and a corresponding Rule to Show Cause regarding the inaccurate request. . ,_ ,,~,' I", _ " 9. This Court issued a Rule on June 8, 2000. In response to this Rule, Plaintiff responded by sending a letter dated August 31, 2001 attached hereto wherein in paragraph 1 and paragraph 2, he outlined his client's gross earned income. lO. Pursuant to his correspondence, it appears the Plaintiff has failed to file a 1999 or 2000 tax return even though both of those are overdue with the granting of one extension. 11. In addition, Defendant outlined claims for reduction income due to business deductions, but refuses to outline what those deductions are. Plaintiff requests this Court order Defendant to produce all information and supporting documentation within ten (lO) days ofthe execution of this Order, order Defendant to pay fees in amount of$750.00 to Plaintiff, and order Defendant to file his 1999 and 2000 tax returns no later than December, 2001. Without the Court's enforcement, Defendant will continue to act with complete disregard of the Rules of Civil Procedure. WHEREFORE, Plaintiff requests this Honorable Court to enter an Order compelling Defendant to produce the requested information within ten (lO) days, to pay Plaintiff fees in the amount of $750.00, and to file his 1999 and 2000 tax returns no later than December 31, 2001. Respectfully submitted, Reager & Adler, PC .: De is LD. #66378 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 -~ ~ j, , ' kECEIVED SEP 0 ;'2BJn -, LAw OFFICE OF MICHAEL J. HANFT ATTORNEYS & COUNSELLORS AT LAW MICHAEL J. HANFT GREGORY H. KNIGHT RICHARD L. WEBBER. JR. August 31, 2001 OF COUNSEL WILLIAM A ADDAMS MICHAEL R. RUNDLE Debra Denison Cantor, Esquire REAGER & ADLER, P.C. 2331 Market Street Camp Hill, PA 17011-4642 RE: Bohls v. Bohls No. 2000-895 - In Divorce Our File No. 1796.1 Dear Ms. Cantor: Please accept this letter as a follow up to my voicemail message to you of August 30, 200 I regarding the above-referenced matter. As I advised you in the voicemail, I have contacted Judge Cler's chambers and advised them that I do not oppose your request to have the hearing scheduled for September 13, 2001 rescheduled. It is my understanding that your client has moved from Florida to California, thus it would appear as though she rnight want to resolve this case so that she does not incur the expense to travel from California to Pennsylvania. Please be advised that my client will not consent to having her appear via telephone conference. As I also advised you in my voicemail message, it appears as though both of our clients signed ajoint 1998 Federal Income Tax Return. It appears as though your client signed it on April 8,2001 and my client signed it on April15, 2001. For your file, I arn enclosing the first two (2) pages of said Return. With regard to my client's earned income for years 1999 and 2000, they are as follows: 1. For 1999, my client had earned income of$792.82 from Insurance Group; $10,528.25 from Principal Life; $5,489.47 from Princor; and $162.00 of miscellaneous income. That totals $16,972.54 before any business deductions. My client is still in the process of compiling that information and has secured extensions from the Internal Revenue Service to file said Return. 19 BROOKWOOD AVENUE SUITE 106 CARLISLE. PA 17013-9142 717.249.5373 FAX 717.249.0457 WWW.HANFTLAWFIRM.COM . .~. ' ~ " i , , Debra Denison Cantor, Esquire August 31, 2001 Page Two 2. My client's eamed income for year 2000 is as follows: Principal Life - $7,725.14; Princor - $6,542,91; and miscellaneous of $162.00 for a total of $14,530.05. As with the 1999 income, this is before any deductions my client would be entitled to and as with 1999, my client has secured the appropriate extensions within which to file a Tax Return. As I further advised you in my voicemail message, it appears as though our clients' daughter has decided to move back to Pennsylvania from Florida and will be living with my client. Please be advised that I will be meeting with my client early next week in order to discuss the responses to Interrogatories which you provided on behalf of your client. Upon initial review, it appears as though some of the questions were not fully answered and in that your client has moved from Florida to California, some of the answers may need to be amended. I will advise you of the additional information we will be requesting by the end of next week. Should you have any questions or wish to discuss this matter further, please feel free to contact me at your convenience. Very truly yours, LAW OFFICE OF MICHAEL J. HANFT MJH!dln Enclosure cc: Fred Bohls (w/out enclosure) F:\User Folder\Finn Docs\Gen1tr2001\1796-1ddc.5,wpd - -~'- ~ '.', , '" ^ T~'~,".~,-';' - "i . . CERTIFICATE OF SERVICE AND NOW, this ~ of Vc>/.{fJ-x/ 2001, I hereby verifY that I have caused a true and correct copy of the foregoing Second Motion to Compel Discovery Responses and Order to be placed in the U.S. mail, First Class, postage prepaid and addressed as follows: Fred Bohls c/o Michael J. Hanft, Esquire 19 Brookwood Street Carlisle, P A 17013 _.~^ " ..,...---- D , , h .to ',' "~ ,. '._iHIiiiI~ . ,~ "''"~ ,:.-.=,,",. . .. . . 0 0 0 c - -(1 ~ 0 -v CD c') g2.\I'; -' F J N -~:~~q ZC (fJ l~: W ::..c:.?' ':.:~~() r;::.Cj :P" ~~~ ~~ -::.;:;(\ :> :2:6 - D\-n ';Pc - -'-' Z N ?Q :z. .r:- 0< " ~ h' ,;<-~ ,-, ~.'- ,-, . M ':-~' i",~,,;...4, ',. "" ~< ,,', '-;~'",-",,,,,-,,,.-,-. , .--,i;- ~' , !.- ~". ""' '. ','---' -,~ -',.' "'__ :~-"",:k;'_~, ';;j-;,;:;J.....:;-, ,_ ~,,-'. 'k;~{"';';': -~C' :~-' '. _c:,;';, .,;d-" .',;;,>i;,;",;, ;,;,:,,; ~:;: - );. ,,,;,,i.i;~~~" AUG 1 4: 2001fIJ JANET BOHLS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA V. : No. 2000-895 FRED BOHLS, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORDER AND NOW, this day of ,2000, upon consideration of Plaintiffs Motion to Compel and Petition for Sanctions, it is hereby ORDERED that Defendant, Fred Bohls, shall provide complete and full information regarding his income for the yearS 1998 to the present and shall be ORDERED to pay Plaintiff's counsel fees in the swn of$750.00 BY THE COURT: Dated: J. . '~"" ".,., ~~ "'. ,'--~~--""-"", ," ,Cw", Un """-~ W'O' - ,.._-,~- -~;"1 ~ JANET BOHLS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV ANlA V. : No. 2000-895 FRED BOHLS, Defendant : CIVIL ACTION - LAW : IN DIVORCE RULE TO SHOW CAUSE AND NOW, this (,;t~ day of (.\ L> ~ '" So t , 2001, upon review of the attached Petition to Compel Discovery and for Sanctions issued by Plaintiff, a Rule to Show Cause is issued on Defendant as to why the relief requested should not be granted. Rule retwnable 2.0 days from service. ~ y "l~ t C.O\) fl... "1 }/!::''k%::f/ ~~I u 0 CJ 0 c -uli5 " :0. ~"j (TJr i' i Gi , ;,~~ ~~~! -.J ,---i -<7 T r:CJ ~, ) -~ -0 2 ,.--, .",.. ..;.; .<- ( j:: C ; , -. :~ Jj 5.7 -< (N -< -- ~,~ -.",,,,".,'~,',,,"~~,,,~_, --- ",co_'""''''''''' ""-~''''''...h''_.', ~;,_..>",""'''_-,,-~,,~,,'',' _,,~ """ __'",~,_ " ~ ! JANET BOHLS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2000-895 FRED BOHLS, Defendant CIVIL ACTION - LAW IN DIVORCE MOTION TO COMPEL DISCOVERY AND TO SEEK FEES NOW COMES Plaintiff, Janet BoWs, by and through her counsel, Reager & Adler, PC, and moves this court to enter an order compelling Defendant to comply with Discovery requests and awarding Plaintiff sanctions, as follows: 1. Plaintiff and Defendant are Husband and Wife in a divorce action filed under the above caption. 2. On Aprill 0, 2000, Plaintiff served on Defendant Interrogatories and Requests for Production of Documents via first class mail. 3. Defendant failed to answer said request. 4. On June l, 200 l, Plaintiff filed a Motion for an Order to Compel Discovery in this court a Rule to Show Cause was issued on June 8, 2000. 5. A Petition to Make Rule Absolute was filed on November 9, 2000 after considerable delay based on representation by Defendant's counsel that he was preparing said discovery responses. 6. On November 20, 2000 the Rule was made absolute and Defendant was given twenty (20) days in which to respond. 7. By letter dated December 7,2000, Defense provided a response. 8. This response is inadequate. Specifically Defendant failed to provide information regarding his current employment other than he is self employed. He specifically failed to describe the type of position he has, his monthly, bi-weekly, weekly, or daily pay. He partially completed the Income and Expense Statement that was attached to the discovery request, but failed to provide ,'~" '-." --- ... < ",- ... ~',b ~, ,~ ~'-" ,--",'~"'" , any information regarding his income. 9. In response to requests for tax retwn information, Defendant provide only the 1997 tax retwn which the parties fIled jointly. He has failed to provide any updated income information. 10. As income of the partes is important in the determination of equitable distribution, Defendant's failure to provide this information severely prejudices. 11. As Defendant is self employed, he is in sole and complete possession of all information regarding his income. WHEREFORE, Plaintiff requests this Honorable Court to order Defendant to provide all information regarding his income from 1998 to the present and be ordered to pay counsel fees and costs in the amount of$750.00. Respectfully submitted, ~'~-" . J~~" "'~_, ,"~ ^' ,~, ,I' _' 1,_'-' " ,,' ,~,~" " '''''_'''''_ cO' Sidi',j," "'~ """c_ '''__ "j , ~ ~ CERTIFICATE OF SERVICE AND NOW, "" ~'Y of o~ 2001, [h~bperify """ """, caused a true and correct copy of the foregoing M on to Compel Discover, Rule to Show Cause and Order to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Fred Bohls c/o Michael J. Hanft, Esqire 19 Brookwood Street Carlisle, PA 17013 ,/ ~ ..., ~, ~. ~~ .. '~; I- " ~"< , t ..~ ., . .' , 0 co C <' :1.-.... -oF'7, nlf'T: C') --,. , 2::1::1 Zr' (o2-"~ c' -<- r;: C :r:'" ~ C) _JJ.. ;;; 0 C~ C -. Z ':1"1 -,' =< 5j CO -~ REAGER & ADLER, P.C. ATTORNEYS AT lAW 2331 MARKET STREET CAMP Hill, PA 17011~4642 17171763-1383 1;., ~~ " , ~ ~ " ---- ,,',' J JANET BaHLS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2000-895 FRED BaHLS, Defendant CIVIL ACTION - LAW IN DIVORCE INCOME AND EXPENSE STATEMENT OF JANET BOHI,s INCOME Employer: Electronic Data Systems (EDS) Address: Piano, TX Type of Work: Marketing Associate Pay Period (weekly, biweekly, etc.): twice per month Gross Pay per Period: Itemized Payroll Deductions Federal Withholding Social Security Local Wage Tax State Income Tax $ 1,293.76 $ $ 171.84 76.14 Retirement Savings Bonds Credit Union Health Insurance $ 73.83 $ 65.87 $ 17.80 1 888.47 Life Insurance Other (MediCare) Net Pay per Period: , " ~ Other Income: , WEEK MONTH YEAR Interest Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Compo Worker's Compo Child Support Total i i i TOTAL INCOME i 1.776.94 i 21.323.28 EXPENSES WEEK MONTH YEAR Home Mortgage/rent $ 815.00 $ 9,780.00 Maintenance Utilities $ 100.00 $ 1,200.00 Electric Gas Oil Telephone $ 40.00 $ 480.00 Water $ 18.00 $ 216.00 Sewer Employment 2 ~'- , ., . " l '~ ; EXpENSES WEEK MONTH < YEAR Public Transportation Lunch $ 25.00 $ 100.00 $ 1,200.00 Taxes Real Estate Personal $ 120.58 $ 482.32 Property Income $ 25.00 $ 300.00 Insurance Homeowners $ 17.00 $ 204.00 Automobile $ 242.58 $ 2,904.00 Life Accident Health Other Automobile Payments $ 387.45 $ 4,649.40 Fuel Repairs Medical Doctor Dentist $ 50.00 Orthodontist Hospital Medicine $ 100.00 $ 1,200.00 Special Needs (glasses, braces, $ 540.00 orthopedic devices, contacts) Education Private School 3 '--'-' - , ,~' " , , ExpENSES WEEK MONTH YEAR Parochial School College $ 1,000.00 $ 1,200.00 Religious $ 5.00 $ 20.00 $ 240.00 Personal Clothing Food $ 125.00 $ 500.00 $ 6,000.00 Barber Ihairdresser $ 60.00 $ 720.00 Credit Payments Credit card $ 175.00 $ 2,100.00 Charge Account $ 50.00 $ 600.00 Memberships $ 2.00 $ 24.00 Loans Credit Union $ 100.00 $ 1,200.00 Miscellaneous $ 5.95 $ 71.40 Household help Child care Papers/books/ $ 20.00 $ 240.00 magazmes Entertainment $ 45.00 $ 180.00 $ 2,160.00 Pay TV Vacation Gifts $ 35.00 $ 420.00 Legal fees $ 50.00 $ 200.00 $ 2,400.00 Charitable contributions $50.00 Other child support Alimony payments Other - Gym $ 25.00 $ 300.00 Veterinarian $ 200.00 Storage $ 90.00 $ 1,080.00 Total Expenses 1 250.00 1 4.338.56 1 40.931.12 4 ,I' Home DESCRIPTION "' ,- "'j PROPERTY OWNED VALUE OWNERSHIP H W J X $162,000.00 5 - = -"\ Verification I verify that the statements made in this Income and Expense Statement are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsillcation to authorities. / Date: 7 - / 9 -oj y.~ 7 . Ii" I ..~ '~"""""'''' --"'~""-'I;iiii;l:lIE!r~~IJi!Ii''''"'''-" : ~, , ""',, " ,,' ",," " ",' o f;; -"" . vcc EPQ7 -...,,~U ~~r- Cd I> ::<: " ~f) <,:0 >0 ~ ~ ---", (J1 ''''''n' c:> o -n "'" (;;) I '" ;;g ;:~2J ,~~~ orf1 ;;?! ::xJ -C " ~;)'" -.., is> . - .- - ," ,- l'''t "'I: ..-, , . JANET BOHLS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2000-895 FRED BOHLS, Defendant CIVIL ACTION - LAW IN DIVORCE INVENTORY OF JANET BOHLS Plaintiff fIles the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. f},c-J C. Janet Bohls &/L . A " ".' ...,', JIdi _"",~ ASSETS OF PARTIES Plaintiff/Defendant marks on the list below those items applicable to the case at bar and itemize the assets on the following pages. 181 1. 0 2. 0 3. 0 4. 0 5. 0 6. 0 7. 181 8. 0 9. 0 10. 0 11. 181 12. 0 13. 0 14. 0 15. 0 16. 0 17. 0 18. 0 19. 0 20. 0 21. 0 22. 0 23. 181 24. 0 25. 0 26. Real property Motor vehicles Stocks, bonds, securities and options Certificates of deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit box Trusts Life insurance policies (indicate face value, cash surrender value and current beneficiaries Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) Employment termination benefits - severance pay, workers' compensation claim/ award Profit sharing Pension plans (indicate employee contribution and date plan vests) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unrnatures) Military /V A benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (include a total category and attach itemization list if distribution of such assets is in dispute) Other --,' .'lIlililij',j ,",' A MARITAL PROPERTY Plaintiff lists all marital property in which either both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item No. Description of Property Names of all Owners Value 1 Marital residence Joint $162,00.00 3519 Ada Drive, Mechanicsburg 2 Trust account unknown NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item No. Description of Property Reason for Exclusion 1 Inheritance from Estate of A. H. Left exclusively to Fred Bohls Bohls 2 Inheritance from Estate of Anna Left exclusively to Janet Bohls Fetherolf LIABILITIES Item No. Description of Property Names of Names of Amount of Creditors Debtors Debt 1 Mortgage CitiFinancial Joint $122,208.00 fI' '" )<'liliIIllli!Jiij~__'i~''''':'''~~fliMIl~~r-~'''~ "" ~_. " ,,"..-, ,A.., ," 0 <::) 0 C --n s: "'" --, -0(,0 c:: - ~rn ~ :0 I '-'-' zr- ;;'? en):- --1 . ',~ '. -<.<, :~~t. ~C -V ,"'---rl ~O :;J!: 90 -0 N ,::~rn )>c ~ Z J> :::2 '" :Q ---- ",.- ~ ,""~,<- --~ " ~_- I..-,,~"' '-M""C~ "'J~""""'-" ;.di;';''';',,,,,, .",;"~",>,;..----,,,c ,"~~ ,'q.."'~h"' JANET BOHLS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2000-895 FRED BOHLS, Defendant : CIVIL ACTION - LAW : IN DIVORCE AND NOW this --1!lif:rday of ORDRR T ut\.-\ \ , 2003, the rule to show cause is made absolute. The parties hereto are ORDERED to sell the real property located at 3519 Ada 60 Drive, Mechanicsburg, Cwnberland County, Pennsylvania within$days of this Order. T4e parties are hereby ORDERED to cooperate fully in the sale of the property. At the time of sale, all proceeds shall be divided equally after the reduction of all reasonable costs of the sale. Pending the sale, Respondent is solely responsible for all costs and expenses associated with the home. i "' BY THE COURT ~ '" ,---", r'- ;~~,,~r.:-,::'-O,,::'FlCr:: ...)i- T~, "_ r', 'I', ,J'j ,} ---'L I .I ';'.fr~\l.:l,.f)V """,~,-'l, 2:0/' ('LIi"",' . V jV;r',~J." ", , ,~. '-'I.~; ':.../'-" \': I I 0 ",I" ''1'\1 PEN^,c;'v":'^I"c/';Ui'l1 f '"v, L.V/1 "IA ,.<:'1~-<;, .-",_"""""r: -', \7" - "'-' ',-; ~""'-,- _h..' "',~' r',) ,," _"', ,c"i? "'=~ - ~ ~ "" , ~J j ~cf ~f '1 d- l) - ~-- ~x'~ " .~ - " , ,'" ,';."I~"' o~" '" 'oM,._,__,,,,,,_,'- ;' '" '", ,:~ ,i,"~ ' "' .,' t JANET BOHLS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA V. No. 2000-895 FRED BOHLS, Defendant CIVIL ACTION - LAW IN DNORCE MOTION TO MAKE RULE ABSOLUTE AND NOW comes Janet Bohls, by and through her counsel REAGER & ADLER, PC and moves to make this Rule absolute as follows: 1. On June 12, 2003, Petitioner filed a Motion to Enforce a Court Order dated September 13, 2001. 2. Pursuant to the terms of the Court Order, Respondent had 20 days from the date of the Order to complete a refmance or asswnption to remove Petitioner's name from all obligations associated with the marital home. 3. At the time ofthe refinance, Petitioner was to execute a deed transferring her interest in the marital home to Respondent, and the equity in the home would be equally divided. 4. Respondent has failed to comply with the terms ofthe Court Order. 5. A Rule to Show Cause was entered on June 17,2003, with a Rule retwnable within 20 days. 6. Said Rule was served on counsel for Respondent on June 24, 2003. A copy ofthe correspondence and Rule to Show Cause are attached hereto as Exhibit "A." 7. To date, no responsive pleading has been fIled, not has Respondent or his counsel contacted Petitioner's counsel in this regard. d 0: ,..,.,.- ,- '""S',~'- ~ -' (, ' ," <'.,,' "-' ,',- ,;", __,':~'i." ~, --''''__'' ' ~, ^ '~",' WHEREFORE, Petitioner requests this Honorable Court to enter an Order to making the rule absolute. Respectfully submitted, REAGER & ADLER, PC Date:IIIVO~ T~ 7 ~ :)': 1" 1J " 'i.; ,11 ~1 ,ii:! d '0' "'''-';~' -- ,,',< ,"""C~ ", . "--/~ -~_,,,,--~__ ".',-, ,," .', '~'~,"" ,,,-,~",' ,,"-, '.-'......, 'J.q"_"~.;" ",'';-;''-i'", REAGER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW 2331 MARKET STREET CAMP HILL, PENNSYLVANIA 17011-4642 717-763-1383 TELEFAX 717-730-7366 WEBSITE: ReagerAdlerPC.com THEODORE A. ADLER + DAVID W. REAGER CHARLES E. ZALESKI LINUS E. FENICLE DEBRA DENISON CANTOR Writer's E~MajJ Address: ddenison@epix.net June 24, 2003 Michael J. Hanft, Esquire Hanft & Knight, PC 19 Brookwood Avenue Suite 106 Carlisle, P A 17013 RE: BOHLS v. BOHLS Our File No. 99-906 Dear Michael, THOMAS O. WILLIAMS SUSAN H. CONFAIR JOANNE HARRISON CLOUGH SUSAN J. SMITH DOUGLAS P. LEHMAN + Certified Civil Trial Specialist Enclosed please find a copy of a Rule to Show Cause dated June 17, 2003; for service upon you and your client. Please be advised that the Rule is retwnable within 20 days. Your attention is appreciated. Very truly yours, DDC/drb Enclosure cc: Janet Bohls c " i; JANET BOHLS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLV ANlA V. : No. 2000-895 FRED BOHLS, Defendant : CIVIL ACTION - LAW : IN DIVORCE RULE TO SHOW CAUSE AND NOW this /71J. day of ;JU('I.L ,2003, a rule to show cause is issued why the relief requested in the attached motion should not be granted. Rule retwnable in ..90' days. BY THE COURT Is) y~ J-I,Lt?Ih. J. TRUE COPY FROM RECORD In Tealimony whereof. ! IlefilIJIl!O 541t my l'llwd tine the ~I 01 sakl Coon at C~. PII. fillS Y ~'I~' . _ .,zelpJ . 'Y' (;! ",-p,:" ~~ Protilonotaril , ~ - -~" -- ,,',~- ,~- - ~ "" "~ ''':'~~' <" - ~"~' _i'<',', ." -',:';it~I,< ",', '"~,,.-," ., '~_,~ ."'",..' ,:'C',",.',\; ;:- ,,',," ~e....' "~~" , "" .,-~' ",,:':,',,--' JANET BOHLS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA V. : No. 2000-895 o c <" " ill fT1fn 2-:1) ~~,: !<C) ~c; <"-(., :>c z ::;! AND NOW comes Petitioner Janet Bohls, by and through her counsel, REAGER & o w '- c= z FRED BOHLS, Defendant CIVIL ACTION - LAW IN DIVORCE MOTION TO RNFORCF. COURT ORnRR ADLER, PC and requests this Honorable Court to enforce a Court Order as follows: 1. On April 12, 2001, Wife fIled a Petition for Special Relief regarding the marital home. 2. On September 13, 2001, a hearing was scheduled in this matter before the Honorable Judge Oler. 3. At that time, the parties entered into a stipulation which was read into the record by counsel and entered as an Order dated September 13, 2001. 4. Pursuant to the terms of the Court Order, Husband had seven (7) months from the date of the Order to complete a refmance or asswnption to remove Wife's name from all obligations associated with the home. 5. At the time of the refinance, Wife was to execute a deed transferring her interest in the marital home to Husband and the equity in the home would be divided equally between the parties. 6. The refmance of this property has not occurred. 7. Respondent's counsel contacted Petitioner's counsel approximately thirty (30) days ago regarding the refinance, but no proof of refinance or the payment of one-half of the equity has ever been provided to Petitioner. N --u ....:;.. ~ N o ,1 .-1 ~'i~ --n '- -n111 ":"0 i:).1-, -lC, ,--T, ,:,jE~ of'il "'-1 J> :0 -< "'"'< . '~ ,< ,'" - ~ ~ < " ,'",' ~. "~,, ,,' " .j-,',.'"", --, ~.. ",""".l"^,~" ~_, ~'.- ^" ..,~~ ~', 8. Pursuant to the terms of the Order, if Husband failed to refinance within the time limits, the home was to be listed for sale. 9. In the event of sale, the selling price minus reasonable closing costs would determine the equity in the home, and all proceeds would be divided equally between the parties. 10. Pursuant to the Order, Husband was to be solely responsible for all costs and expenses associated with the home, pending refmance or sale. 11. The time provided in the Order has expired, and Husband has failed to comply with the terms ofthe Stipulation. WHEREFORE, Petitioner requests this Honorable Court to enforce the Order dated September 13, 2001, and require the home be listed for sale and the proceeds divided equally between the parties. Respectfully Submitted, REAGER & ADLER, PC Dated:1LJ I 0 JO r 2 ~ ~ - - -'.,; "'~'-" ,- "'~ -'''., > ,'," "";.',,iil ,~ ,-'.' ,;,~,~. --",k ~';'-";, ~-'-'""'J>;1,,~'" .'. ,,';;;',,;~<,"';;"__ ;k';;';'""";;',,,.--, ,;" -;',' , ~'''-'O"t CRRTTFTCA TR OF SRRVICR I hereby certify that on the date set forth below a true and correct copy of the foregoing Petition for Special Relief was served on the following individuals via United States First Class Mail, postage prepaid as follows: Michael J. Hanft, Esquire Law Office of Michael J. Hanft 19 Brookwood Street Carlisle, PA 17013 Dated: lL/lD J 0 r r Deni n tor, Esquire I\. orney ill No, 66378 2331 Market Street Camp Hill, PA 17011 (717)730-7366 Attorney for the Plaintiff ~ ",~ .' ~ , ','-- ',,~, " . ~ , " -'-\"'1'--, ;"-'0' .. . .", , ",,' ',..,""" ., . . ~\,,_;;i"t",i: CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing Motion to Make Rule Absolute was served on the following individuals via United States First Class Mail, postage prepaid as follows: Michael J. Hanft, Esquire Hanft & Knight, PC 19 Brookwood Avenue Suite 106 Carlisle, PA 17013 Dated: II'~/D~ .... , ~-'-'--'." ,; " - " ,',,-,: ~ ,''', . ~ "..;~~. v' '= ,"" '~' '--- ,'. ." () (::J ,"; r ,'"~ ~, ~ -0 "U t".(' -- no L;J ;"'- '"r] ..." <- Z " -" i-'-' en , c 0 -< L, () ,~. ~..~ c ~";J .,; ~ ~ ~r '"":'1 4. (, ;:.0;; )> 0 N - ?f; c ~ Z ':",) ,~ :iJ -< .i:"' -< ~ / / / A fOOl Q ~ ~ j ~, ,,.,,. ..". Q C) 0 C c,j -n 5..- r._ :';.\ -rJ- Sf" r:= tTl ~, l' i -:-1 ;?, .. .. "J L ~J }:'~ U' L r':;- (~: -.- < " ~Ti ~ C (') L,: C,., 5 \~'.,) ~ - ) en <:;:; :,-:..,,-1 ..< ::.2 ,) ~lJ ". -< REAGER & ADLER, P.C. ATTORNEYS AT lAW 2331 MARKET STREET CAMP Hill, PA 17011-4642 17171763-1383 ~ p , , JANET BOHLS, Plaintiff v. FRED BOHLS, Defendant .. ,~." IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 00-0895 CIVIL TERM ORDER OF COURT AND NOW, this 6th day of October, 2003, upon consideration of Plaintiff's Motion for Contempt of Court, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE at a hearing scheduled for Monday, December 1,2003, at 3:00 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J. ~bra Denison Cantor, Esq. 2331 Market Street Camp Hill, PA 17011 Attorney for Plaintiff v1\1ichael J. Hanft, Esq. 19 Brookwood Avenue Suite 106 Carlisle, PA 17013 Attorney for Defendant . / tCSflI-;& J1'RX~ 10-01-(53 :rc ~~ , '--"~--' ;'\ 11 I Ii I I ,., ,\ - - -,. , . J _~ e_"" ~ ~ ,< ("...' \)l ,.' ,'\I'" D'~} t:'~: \ -, ! '. ?: . . \~ ,~ GUMSt:.t',U"\.J COc)N'\'{ ?8'lNS'/\.)JI~N\!\ I ~, ,~,'" - ,." - .. "_...,,..lIJI!lIIIl , ,....,.,.,-,'~ - o. " --,~-"~~' '. .' ,. - " ' ," ".,',<:-'1' -.";l_.< k":,',<, ,~ ,,__ " ,,"',' v - ._,'';'\;l','_' "'>""-1,__;,,~,,,,-',_;'" ""';"1.ht . ' o JANET BOHLS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2000-895 FRED BOHLS, Defendant CIVIL ACTION - LAW : IN DIVORCE MOTION FOR CONTEMPT OF COURT AND NOW this day of September, 2003, comes Petitioner Janet Bohls by and through her attorneys REAGER & ADLER, PC and respectfully fIles this Motion for Conternpt and in support thereof avers as follows: 1. Petitioner Janet Bohls is an adult individual currently residing at 3466 Data Drive #926, Rancho Cordova, CA 95670. 2. Respondent Fred Bohls is an adult individual currently residing in the marital residence located at 3519 Ada Drive, Mechanicsburg, PA 17050. 3. On July 17,2003, this Court entered an Order specifically directing the parties to sell the real property located at 3519 Ada Drive, Mechanicsburg, Cumberland County, Pennsylvania, within 60 days of the Order. 4. The Order further directed the parties to cooperate fully in the sale of the property and further directed that at the time of sale, all the proceeds would be equally divided after the reduction of all reasonable costs of sale. A true and correct copy of said July 17, 2003, Court Order is attached hereto and made part of this Motion as Exhibit "A." . , 5. On July 18,2003, Petitioner served the July 17,2003, Court Order on Respondent Fred Bohls by forwarding a copy of said Order with cover letter to Respondent's counsel Michael J. Hanft, Esquire. A true and correct copy of said transmittal letter is attached hereto, made part of, and incorporated by reference as Petitioner's Exhibit "B." 6. On August 4, 2003, Petitioner forwarded a copy of a proposed listing contract prepared by realtor Joyce Clark to Respondent's counsel, Michael J. Hanft, requesting the Respondent provide access to the real estate within the next seven days so a listing price could be determined and the listing contract could be executed. 7. Petitioner also enclosed a Seller's Property Disclosure statement which needed to be filled out by Respondent Fred Bohls, since he has been exclusively occupying the residence since the parties' separation. 8. Since August 4, 2003, Respondent Fred Bohls has failed to execute the listing agreement and has failed to complete the Seller's Disclosure form. 9. Respondent Fred Bohls's behavior is in direct violation of this Court's Order of July 17,2003, in that he has failed to cooperate at all in the sale of the property as follows: a. Respondent Fred Bohls has refused to sign the listing agreement to list the property for sale; b. Respondent Fred Bohls has refused to fill out the Seller's Disclosure documents to list this property for sale; and c. More than 60 days has elapsed since the July 17,2003, Court Order and Respondent Fred Bohls has refused to take any step whatsoever to cooperate with the sale of this property. '~';' 10. Respondent Fred Bohls and his counsel have also refused to provide information regarding the fact that the mortgage on the parties' marital residence appears to have been paid off and/or indicating whether Respondent refinanced said mortgage or placed any additional lien on the marital residence. 11. Petitioner Janet Bohls has been harmed and continues to be harmed by Respondent's failure to abide by this Court's Order of July 17,2003, and his failure to sell the property located at 3519 Ada Drive, Mechanicsburg, Cwnberland County, Pennsylvania, within 60 days of the July 17, 2003, Court Order. 12. Respondent has failed to respond to correspondence from Petitioner's counsel regarding cooperating in the sale of this property. 13. Petitioner Janet Bohls has incurred, and continues to incur, substantial counsel fees, costs and expenses in excess of $750 as a direct result of Respondent's violation of this Court's Order of July 17,2003, and prior Court Orders entered in this case regarding the distribution of this particular asset in this divorce case. WHEREFORE, Petitioner Janet Bohls respectfully requests this Honorable Court hold a hearing on this Motion for Contempt and, after hearing, hold Respondent Fred Bohls in contempt of this Court's Order of July 17,2003, and grant the following relief: a. Remove Respondent Fred Bohls from the residence located at 3519 Ada Drive Mechanicsburg, and grant exclusive possession/control of the property to Petitioner Janet Bohls during the pendency of the sale of this asset; b. Direct Respondent Fred Bohls to sign a listing agreement and complete the Seller's Disclosure statement and otherwise fully cooperate in the sale ofthis property; c. Award Petitioner Janet Bohls reimbursement of all reasonable counsel fees, costs and expenses she has incurred as a direct result of Respondent's failure to abide by the July 17,2003, Court Order; and d. And grant any other relief the Court deems appropriate. Respectfully submitted, REAGER & ADLER, PC DATE: cr/:JSjO ~ JANET BOHLS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA V. : No. 2000-895 . FRED BOHLS, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORDER AND NOW this J 7 8 day of Qw, , 2003, the rule to show cause is made absolute. The parties hereto are ORDERED to sell the real property located at 3519 Ada to Drive, Mechanicsburg, Cumberland County, Pennsylvania within 4:1 days of this Order. T!j.e parties are hereby ORDERED to cooperate fully in the sale of the property. At the time of sale, all proceeds shall be divided equally after the reduction of all reasonable costs of the sale. Pending the sale, Respondent is solely responsible for all costs and expenses associated with the home. BY THE COURT ItiJ iAJ',.J,'l (f)ft,,-/ q, fu g J. Wesley Oler, Jr. ' n~ur: r;Opy FFiOM RECORD Inle;otlmiilillwhllt'OOt. j Ile,(; i.lflii.l ~ m~' 112\00 iini tl1ll ~i III said C at C<iii'~, ~. Till -. _ .1-.tJtJ..J ,,/ Prottlll REAGER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW 2331 MARKET STREET CAMP HILL, PENNSYLVANIA 17011-4642 717-763-1383 TELEFAX 717-730-7366 WEBSITE: ReagerAdlerPC.com THEODORE A. ADLER + DAVID W. REAGER CHARLES E. ZALESKI LINUS E. FENICLE DEBRA DENISON CANTOR THOMAS O. WILLIAMS SUSAN H. CONFAIR JOANNE HARRISON CLOUGH SUSAN J. SMITH DOUGLAS P. LEHMAN + Certified Civil Trial Specialist Writer's E-Mail Address:jclough@epix.net July 18, 2003 Michael J. Hanft, Esquire Han:ft & Knight, PC 19 BrookwoodAvenue Suite 106 Carlisle, P A 17013 RE: BOHLS v. BOHLS Our File No. 99-906 Dear Michael, r am enclosing an Order of Court issued by Judge Oler on July 17,2003, ordering the parties to sell the real property located at 3519 Ada Drive, Mechanicsburg, Cwnberland County, Pennsylvania, within 60 days of the Court Order. Please note that the parties are ordered to cooperate fully in the sale of the property and, at the time of the sale, all proceeds are to be equally divided after the deduction of all reasonable costs of the sale. Please also note that, pending the sale, your client is solely responsible for all of the costs and expenses associated with the home. rfyou have any questions regarding this matter, please do not hesitate to contact me. JHC/drb Enclosure cc: Janet Bohls - ,--,_I' ,,0'-<'0 '.-A," '.'",-,_=,'0 ~"~,~,~,:,;;;"",~"""i..,,:"'i~ - '~' ;::1 ATTORNEYS AT LAW 2331.It1ARKET, STREET CAMP HILL, PA 17011-4642 (717) 763.1383 ==. JANET BOHLS, Plaintiff : IN THE COURT OF COMMON PLEAS ; CUMBERLAND COUNTY, PENNSYL V ANlA V. : No. 2000-895 . FRED BOHLS, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORDRR AND NOW this J 7 8 day of Ck , 2003, the rule to show cause is made absolute. The parties hereto are ORDERED to sell the real property located at 3519 Ada ~o Drive, Mechanicsburg, Cumberland County, Pennsylvania within ~ days of this Order. T4e parties are hereby ORDERED to cooperate fully in the sale of the property. At the time of sale, ~.. ,. , all proceeds shall be divided equally after the reduction of all reasonable costs of the sale. -: .;\ Pending the sale, Respondent is solely responsible for all costs and expenses associated with the home. BY THE COURT lid [O"';I'f. (f}flJL/J 9, iu g J. Wesley 01er, Jr. TRUE COpy FROM RECORD '? r e~tlmii.1Y .il#t~, j he(<l Jflto li'i1iit mi' Ot'\rnJ a/lit tlw sea! I'll &aid ~~ Ci.~ "'" T'j . c... '. r.... u~ ~~ _ ,QOJ . . Jr: L . A V" Prctlionoliil"lf """ ~" ~ ' - -- ~ - . CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing Motion for Contempt was served on the following individuals via United States First Class Mail, postage prepaid as follows: Michael J. Hanft, Esquire Hanft & Knight, Pc 19 Brookwood Avenue Suite 106 Carlisle, P A 17013 Dated: 1..- u ---V3 MLWrP-: Debra Denison Cantor, Esquire ~ Attorney ID No, 66378 2331 Market Street Camp Hill, PA 17011 (717)730-7366 Attorney for Petitioner Janet Bohls .~ . <, - ~, ^ ,~- 'iIU~"" '~".' .,.....,'",.". " . . .. '"~ . '~ j;,'-' ;;J-J 'j I ! ~ ~ I, I __0'- 0 0"'" 0 1 ~ ,-,;:: -n if) 1f i ~~~; ,< ' 1'--0 ., :4\ C!) f1' -0 ..t.-.~ ::D y~r-n 2[" I~ ~;\;; 0" ~~O ,-;("" 9:6 <" ;p> ~:c;~ :p;,(} ::'11: :iC) .?-. -c. S? :P~ om ,'-\ =< N ."" '0 ~ . . - .L~'"'"" ' - - ~,Lo.--,: " '"<~ ~, - "', --J, __.;,- _, , ~'" "" " ',,'__--:^ '6..,- ,'j JANET BOHLS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA V. : No. 2000-895 FRED BOHLS, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORDER AND NOW, upon review ofthe attached Motion for Contempt, it is hereby ORDERED that a hearing on said Motion for Contempt shall be heard before Judge J. Wesley Oler, Jr., on the day of , 2003 at a.m.lp.m. in Courtroom # BY THE COURT J. . ~",,~~ ,,",,;'''''""~.' .' ,"',~;- -,-, '- ,~ "<'<,.!;, ":",,";';('~;/,",,, ~'; "-2n/J " '. JANET BOHLS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2000-895 FRED BOHLS, Defendant CIVIL ACTION - LAW IN DIVORCE MOTION FOR CONTEMPT OF COURT AND NOW this day of September, 2003, comes Petitioner Janet Bohls by and through her attorneys REAGER & ADLER, PC and respectfully fIles this Motion for Contempt and in support thereof avers as follows: 1. Petitioner Janet Bohls is an adult individual currently residing at 3466 Data Drive #926, Rancho Cordova, CA 95670. 2. Respondent Fred Bohls is an adult individual currently residing in the iarit:ili ~ ~_. en nl tV r,., :~ residence located at 3519 Ada Drive, Mechanicsburg, PA 17050. ~fB ~ ~i;~ ~ 1~; G) f~~'? 3. On July 17,2003, this Court entered an Order specifically directin~pal~s tg~3 ",,0 _ .0:-0 ""'C CJ om sell the real property located at 3519 Ada Drive, Mechanicsburg, Cumberland Coun@, c':'; );! -< Cl ~ Pennsylvania, within 60 days of the Order. 4. The Order further directed the parties to cooperate fully in the sale of the property and further directed that at the time of sale, all the proceeds would be equally divided after the reduction of all reasonable costs of sale. A true and correct copy of said July 17,2003, Court Order is attached hereto and made part of this Motion as Exhibit "A." """,--, ">',.. .".,'n _"ole ",--" - '--.,:,;,., ", " . . 5. On July 18,2003, Petitioner served the July 17,2003, Court Order on Respondent Fred Bohls by forwarding a copy of said Order with cover letter to Respondent's counsel Michael J. Hanft, Esquire. A true and correct copy of said transmittal letter is attached hereto, made part of, and incorporated by reference as Petitioner's EJiliibit "B." 6. On August 4,2003, Petitioner forwarded a copy of a proposed listing contract prepared by realtor Joyce Clark to Respondent's counsel, Michael J. Hanft, requesting the Respondent provide access to the real estate within the next seven days so a listing price could be determined and the listing contract could be executed. 7. Petitioner also enclosed a Seller's Property Disclosure statement which needed to be filled out by Respondent Fred Bohls, since he has been exclusively occupying the residence since the parties' separation. 8. Since August 4,2003, Respondent Fred Bohls has failed to execute the listing agreement and has failed to complete the Seller's Disclosure form. 9. Respondent Fred Bohls's behavior is in direct violation of this Court's Order of July 17, 2003, in that he has failed to cooperate at all in the sale of the property as follows: a. Respondent Fred Bohls has refused to sign the listing agreement to list the property for sale; b. Respondent Fred Bohls has refused to fill out the Seller's Disclosure documents to list this property for sale; and c. More than 60 days has elapsed since the July 17,2003, Court Order and Respondent Fred Bohls has refused to take any step whatsoever to cooperate with the sale of this property. . ' 10. Respondent Fred Bohls and his counsel have also refused to provide information regarding the fact that the mortgage on the parties' marital residence appears to have been paid off and/or indicating whether Respondent refinanced said mortgage or placed any additional lien on the marital residence. 11. Petitioner Janet Bohls has been harmed and continues to be harmed by Respondent's failure to abide by this Court's Order of July 17,2003, and his failure to sell the property located at 3519 Ada Drive, Mechanicsburg, Cumberland County, Pennsylvania, within 60 days of the July 17,2003, Court Order. 12. Respondent has failed to respond to correspondence from Petitioner's counsel regarding cooperating in the sale of this property. 13. Petitioner Janet Bohls has incurred, and continues to incur, substantial counsel fees, costs and expenses in excess of$750 as a direct result of Respondent's violation of this Court's Order of July 17,2003, and prior Court Orders entered in this case regarding the distribution of this particular asset in this divorce case. WHEREFORE, Petitioner Janet Bohls respectfully requests this Honorable Court hold a hearing on this Motion for Contempt and, after hearing, hold Respondent Fred Bohls in contempt of this Court's Order of July 17,2003, and grant the following relief: a. Remove Respondent Fred Bohls from the residence located at 3519 Ada Drive Mechanicsburg, and grant exclusive possession/control of the property to Petitioner Janet Bohls during the pendency of the sale of this asset; b. Direct Respondent Fred Bohls to sign a listing agreement and complete the Seller's Disclosure statement and otherwise fully cooperate in the sale of this property; . ~ " ""';".'0;"--' '" __"_I" '<"'~"< ~", "-'. "," ',,-,-,~:,,,, , ' ;-';:~<'! c. Award Petitioner Janet Bohls reimbursement of all reasonable counsel fees, costs and expenses she has incurred as a direct result of Respondent's failure to abide by the July 17,2003, Court Order; and d. And grant any other relief the Court deems appropriate. Respectfully submitted, REAGER & ADLER, PC DATE: 1/~/O ~ " .' ."'-','--- ,,'~.,;d';=' l, ,- ".' ,"<:"'; , ,. . . " JANET BOHLS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLV ANlA V. : No. 2000-895 . FRED BOHLS, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORDRR AND NOW this J 7 ~ day of Qw, , 2003, the rule to show cause is made absolute. The parties hereto are ORDERED to sell the real property located at 3519 Ada '0 Drive, Mechanicsburg, Cumberland County, Pennsylvania within.J:-1 days of this Order. T4e parties are hereby ORDERED to cooperate fully in the sale of the property. At the time of sale, all proceeds shall be divided equally after the reduction of all reasonable costs of the sale. Pending the sale, Respondent is solely responsible for all costs and expenses associated with the home. BY THE COURT ~tl; lu,..p,y rPfi'~J 9, fu g J. Wesley 0ler, Jr. TRUE COpy FfiOM HECORO III Te~t!i'I'!O'iY wt~. Ille(t \ll'liO ~ Wi)' iKirld ani thil ssai M SIlld c~ C.~ ~. rl.j~ . OJ ~ of .J4aJ . it ''P' ~'!2. ~< A ~~ PrllthllllotirJ/ ~ --, " _n ~ '~~;"jlli' A',,~." I" '. _ ,I, ""-~ _.~ ;",') REAGER & ~DLER, PC ATTORNEYS AND COUNSELORS AT LAW 2331 MARKET STREET CAMP HILL, PENNSYLVANIA 170114642 717-763-1383 TELEFAX 717-730-7366 WEBSITE: ReagerAdlerPC.com THEODORE A. ADLER + DAVID W. REAGER CHARLES E. ZALESKI LINUS E. FENICLE DEBRA DENISON CANTOR THOMAS O. WILLIAMS SUSAN H. CONFAIR JOANNE HARRISON CLOUGH SUSAN J. SMITH DOUGLAS P. LEHMAN + Certified Civil Trial Specialist Writer's E-Mail Address:jclough@epix.net July 18, 2003 Michael J. Hanft, Esquire Hanft & Knight, PC 19 Brookwood Avenue Suite 106 Carlisle, P A 17013 RE: BOHLS v. BOHLS Our File No. 99-906 Dear Michael, I am enclosing an Order of Court issued by Judge Oler on July 17, 2003, ordering the parties to sell the real property located at 3519 Ada Drive, Mechanicsburg, Cwnberland County, Pennsylvania, within 60 days of the Court Order. Please note that the parties are ordered to cooperate fully in the sale of the property and, at the time of the sale, all proceeds are to be equally divided after the deduction of all reasonable costs of the sale. Please also note that, pending the sale, your client is solely responsible for all of the costs and expenses associated with the home. If you have any questions regarding this matter, please do not hesitate to contact me. JHC/drb Enclosure cc: Janet Bohls ery truly yo s, I.,~ j -' " i ;"', j," . "j,,-~ ATTORNEYS AT LAW ~331 MARKET STREET CAMP HilL, PA 17011-4642 (71'7) 763-1 ~3 ~ JANET BOHLS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA v. : No. 2000-895 . FRED BOHLS, Defendant CIVIL ACTION - LAW IN DIVORCE ORDRR AND NOW this } 7 {!:;. day of ~ , 2003, the rule to show cause is made absolute. The parties hereto are ORDERED to sell the real property located at 3519 Ada 1;.0 Drive, Mechanicsburg, Cumberland County, Pennsylvania within ~ days of this Order. T4e parties are hereby ORDERED to cooperate fully in the sale of the property. At the time of sale, ~,' ,.. ,.-, all proceeds shall be divided equally after the reduction of all reasonable costs of the sale. ';\ Pending the sale, Respondent is solely responsible for all costs and expenses associated with the home. BY THE COURT ItlJ bJ/d-P'1 m};,"" 9, fu g J. Wesley Oler, Jr. . TRUE COFY FROM RECORD In Test!m\iijY'M~'1ltlt I ~(fJ ",,,'" ,,_,J ..". :.""," I .....,\-., ~ f~tJ .........~y ani tl'liI $1'-"1; /If said at C....iL~ ~ Till . '&- . ..?:~ ...- PrattleR rv ~~ - ~ - _.'.,"-- ~,<",' --~., '--~"" ':"--'''''' , '" " ~-- ,'-,~ . ., " CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing Motion for Contempt was served on the following individuals via United States First Class Mail, postage prepaid as follows: Michael J. Hanft, Esquire Hanft & Knight, Pc 19 Brookwood Avenue Suite 106 Carlisle, P A 17013 Dated: 1...- U ~3 ML~(4-: Debra Denison Cantor, Esquire 4/ Attorney ID No, 66378 2331 Market Street Camp Hill, PA 17011 (717)730-7366 Attorney for Petitioner Janet Bohls '~o ~ (h,,--~ ~ f' ' ~ -r~ ~ ..Rp ~&~ _ g. cP.Qv-- ~~..r-. --- llu-~f~~ ~~~- '~'_ '_'.""_,,"',< ,_"~~',,_,,'o"'''''^''''=''''''''''--'-''~''_ ",;'--<-">', JANET BOHLS, Plaintiff : IN THE COURT OF COMM PLEAS : CUMBERLAND COUNTY ENNSYL VANIA 6 V. : No. 2000-895 FRED BOHLS, Defendan : CIVIL ACTION - L : IN DIVORCE ~ iLu~ tt: "I J' Dd~0 I 2-~ S ( AND NOW, upon revie of the attached Motion fI Contempt, it is hereby ORDERED ,... the day of a.m./p.m. in that a hearing on said Motion for ntempt shall be h rd before Judge J. Wesley Oler, Jr., on Courtroom # J. . . . - -,~,=' ~" ,"' ,~, "1';;',-,,;_,,,,;;,-:;.;,';, -~ ,;., " :,,:., ',,"', ..~ ,-,: ~-^ -"'- . , , . JANET BOHLS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA V. : No. 2000-895 FRED BOHLS, Defendant CIVIL ACTION - LAW : IN DNORCE MOTION FOR CONTEMPT OF COURT AND NOW this day of September, 2003, comes Petitioner Janet Bohls by and through her attorneys REAGER & ADLER, PC and respectfully files this Motion for Contempt and in support thereof avers as follows: 1. Petitioner Janet Bohls is an adult individual currently residing at 3466 Data Drive #926, Rancho Cordova, CA 95670. 2 3 ~ <' (I) 2. Respondent Fred Bohls is an adult individual currently residing in ~~ari~ ;~iJ} residence located at 3519 Ada Drive, Mechanicsburg, PA 17050. ~~ :: ~~ :> '~~ -'f: l') -H On July 17, 2003, this Court entered an Order specifically directin~Pares t~~ ~ .:..;> ?Xi =<! 0 -< sell the real property located at 3519 Ada Drive, Mechanicsburg, Cwnberland County, 3. Pennsylvania, within 60 days of the Order. 4. The Order further directed the parties to cooperate fully in the sale of the property and further directed that at the time of sale, all the proceeds would be equally divided after the reduction of all reasonable costs of sale. A true and correct copy of said July 17, 2003, Court Order is attached hereto and made part ofthis Motion as Exhibit "A." . '-'e.o " ,,,'~ ""," __ L-=' '~~._ ,'<i"C I "",':;~C" '" '--"', --~"f; "i--"",'" "'i.",' ~ "; . , 5. On July 18,2003, Petitioner served the July 17,2003, Court Order on Respondent Fred Bohls by forwarding a copy of said Order with cover letter to Respondent's counsel Michael J. Hanft, Esquire. A true and correct copy of said transmittal letter is attached hereto, made part of, and incorporated by reference as Petitioner's Exhibit "B." 6. On August 4, 2003, Petitioner forwarded a copy of a proposed listing contract prepared by realtor Joyce Clark to Respondent's counsel, Michael J. Hanft, requesting the Respondent provide access to the real estate within the next seven days so a listing price could be determined and the listing contract could be executed. 7. Petitioner also enclosed a Seller's Property Disclosure statement which needed to be filled out by Respondent Fred Bohls, since he has been exclusively occupying the residence since the parties' separation. 8. Since August 4,2003, Respondent Fred Bohls has failed to execute the listing agreement and has failed to complete the Seller's Disclosure form. 9. Respondent Fred Bohls's behavior is in direct violation ofthis Court's Order of July 17,2003, in that he has failed to cooperate at all in the sale of the property as follows: a. Respondent Fred Bohls has refused to sign the listing agreement to list the property for sale; b. Respondent Fred Bohls has refused to fill out the Seller's Disclosure docwnents to list this property for sale; and c. More than 60 days has elapsed since the July 17, 2003, Court Order and Respondent Fred Bohls has refused to take any step whatsoever to cooperate with the sale of this property. - "~','" ' '" ,- "~, "<'~'~ ".~" ,,,""_ ,I" "c.-" "', .__,', ,',~l,:,' _. / , ,:,,i;,'.CO _ '.;. ~; , _ "j , , 1 O. Respondent Fred Bohls and his counsel have also refused to provide information regarding the fact that the mortgage on the parties' marital residence appears to have been paid off and/or indicating whether Respondent refinanced said mortgage or placed any additional lien on the marital residence. 11. Petitioner Janet Bohls has been harmed and continues to be harmed by Respondent's failure to abide by this Court's Order of July 17,2003, and his failure to sell the property located at 3519 Ada Drive, Mechanicsburg, Cumberland County, Pennsylvania, within 60 days of the July 17,2003, Court Order. 12. Respondent has failed to respond to correspondence from Petitioner's counsel regarding cooperating in the sale of this property. 13. Petitioner Janet Bohls has incurred, and continues to incur, substantial counsel fees, costs and expenses in excess of $750 as a direct result of Respondent's violation of this Court's Order of July 17,2003, and prior Court Orders entered in this case regarding the distribution of this particular asset in this divorce case. WHEREFORE, Petitioner Janet Bohls respectfully requests this Honorable Court hold a hearing on this Motion for Contempt and, after hearing, hold Respondent Fred Bohls in contempt of this Court's Order of July 17,2003, and grant the following relief: a. Remove Respondent Fred Bohls from the residence located at 3519 Ada Drive Mechanicsburg, and grant exclusive possession/control of the property to Petitioner Janet Bohls during the pendency of the sale of this asset; b. Direct Respondent Fred Bohls to sign a listing agreement and complete the Seller's Disclosure statement and otherwise fully cooperate in the sale of this property; . ,-- , " " ",1'.--'''''''- . ,"'yi '- ."'~,,-~ ',~",,,,>, ,'c' ",',"', "'~""'",c.~,;' "~-'~';';:'~,'~~~"',,'"<'- . , ,,~,', ,""', :'0'-1 . ' c. Award Petitioner Janet Bohls reimbursement of all reasonable counsel fees, costs and expenses she has incurred as a direct result of Respondent's failure to abide by the July 17, 2003, Court Order; and d. And grant any other relief the Court deems appropriate. Respectfully submitted, REAGER & ADLER, PC DATE: 1/~/O ~ , .~ - - ,- , ,~ -,~ ,-'__,.__> ',"1 ___<,~' __- , ,~-- ! . JANET BOHLS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA V. : No. 2000-895 . FREDBOHLS, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORDF,R AND NOW this J 7 e:o day of Qw, , 2003, the rule to show cause is made absolute. The parties hereto are ORDERED to sell the real property located at 3519 Ada '0 Drive, Mechanicsburg, Cumberland County, Pennsylvania within ~ days of this Order. T4e parties are hereby ORDERED to cooperate fully in the sale ofthe property. At the time of sale, all proceeds shall be divided equally after the reduction of all reasonable costs of the sale. Pending the sale, Respondent is solely responsible for all costs and expenses associated with the home. BY THE COURT ~tlJ /111..1,'1 roft;~J q, fu g J. Wesley Oler, Jr. TRUE COPY FHOM RECORD IIl'fe<lt!:rroil}' wi'~, I he((l ..Into ~ fll)' ll;'jfld ~11i1 th1l ~! 111 said ~ Ca.~, f1t Tilla y- 00'12 ~tlOJ . Jr-: . ~.~>~..- Prothllnomrl/ REAGER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW 2331 MARKET STREET CAMP Hill, PENNSYLVANIA 17011-4642 717-763-1383 TElEFAX 717-730-7366 WEBSITE: ReagerAdlerPC.com THEODORE A. ADLER + DAVID W. REAGER CHARLES E. ZALESKI LINUS E. FENIClE DEBRA DENISON CANTOR Writer's E-Mail Address:jclough@epix.net THOMAS O. WilLIAMS SUSAN H. CONFAIR JOANNE HARRISON CLOUGH SUSAN J. SMITH DOUGLAS P. lEHMAN + Certified Civil Trial Specialist July 18, 2003 Michael J. Hanft, Esquire Hanft & Knight, PC 19 Brookwood Avenue Suite 106 Carlisle, P A 17013 RE: BOHLS v. BOHLS Our File No. 99-906 Dear Michael, I am enclosing an Order of Court issued by Judge Oler on July 17,2003, ordering the parties to sell the real property located at 3519 Ada Drive, Mechanicsburg, Cwnberland County, Pennsylvania, within 60 days of the Court Order. Please note that the parties are ordered to cooperate fully in the sale of the property and, at the time of the sale, all proceeds are to be equally divided after the deduction of all reasonable costs of the sale. Please also note that, pending the sale, your client is solely responsible for all of the costs and expenses associated with the home. If you have any questions regarding this matter, please do not hesitate to contact me. ery truly yo s, JHC/drb Enclosure cc: Janet Bohls __ _"0<' ''', ,,,,~;,," , - ,"^~, - ""1>---.:' ^""'",-..,-~~,">",", ",,', .C<', u",;t~-'",~"-___o,,~,,,-- """1 .' ATTORNEYS AT LAW 2331 MARKET STREET CAMP HILL, PA 17011-4642 .(1'17) 76B-1~3 :-. ~. V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA : No. 2000-895 JANET BaHLS, Plaintiff . FREDBOHLS, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORDRR AND NOW this J 7 e::. day of ~ , 2003, the rule to show cause is made absolute. The parties hereto are ORDERED to sell the real property located at 3519 Ada G,o Drive, Mechanicsburg, Cwnberland County, Pennsylvania within -i1 days of this Order. T4e parties are hereby ORDERED to cooperate fully in the sale of the property. At the time of sale, ~.. ,..' all proceeds shall be divided equally after the reduction of all reasonable costs of the sale. -;...,. Pending the sale, Respondent is solely responsible for all costs and expenses associated with the home. BY THE COURT /tli [AlIA';,'!. mfln, 9, Ju g J. Wesley 0ler, Jr. . TRm: COP'V' fROM HECORD In Te$t!mii,lYif.htll~. I ~t'/j ,mto ~ /1'1)' l'Kind all.. tlirilssai III said ~ C'"",'il~ kl flli .F . 'J:.~ . a Yr~~ ~=~A ~,,~ Prctliillnowv '""""~'- ;;"" " ~" ., -'~. C,j"" ,'''' __~""," ,,~ """,~', ,"" -~ < He, "",1 ^' " ,q; __".1 ;",~ ,h - ~~",P__ ", "',,.,,^, ~ _ .L d~"1 . . . * CERTIFICATE OF SERVICE I hereby certifY that on the date set forth below a true and correct copy of the foregoing Motion for Contempt was served on the following individuals via United States First Class Mail, postage prepaid as follows: Michael J. Hanft, Esquire Hanft & Knight, Pc 19 Brookwood Avenue Suite 106 Carlisle, P A 17013 Dated: l-u --<\>3 ML(4--- Debra Denison Cantor, Esquire t}) Attorney ID No, 66378 2331 Market Street Camp Hill, P A 17011 (717)730-7366 Attorney for Petitioner Janet Bohls <, " "'=' ,e!"<,_ Y,- '" ,L' ~~ ,'., 2-- -, ..-" '-"" , '" ' ' __ _ " JANET BOHLS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA V. : No. 2000-895 FRED BOHLS, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORDER AND NOW, upon review of the attached Motion for Contempt, it is hereby ORDERED that a hearing on said Motion for Contempt shall be heard before Judge J. Wesley Oler, Jr., on the day of , 2003 at a.m./p.m. in Courtroom # BY THE COURT J. ., JANET BOHLS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2000-895 FRED BOHLS, Defendant CIVIL ACTION - LAW IN DIVORCE MOTION FOR CONTEMPT OF COURT AND NOW this day of September, 2003, comes Petitioner Janet Bohls by and through her attorneys REAGER & ADLER, PC and respectfully fIles this Motion for Contempt and in support thereof avers as follows: 1. Petitioner Janet Bohls is an adult individual currently residing at 3466 Data Drive " #926, Rancho Cordova, CA 95670. 0 C) ~ w 0 s.: -.., 2. Respondent Fred Bohls is an adult individual currently residing in ti.~aritlij ::;j Zr:-'.. i~l,;-D co '}--o "-> "'YJf- residence located at 3519 Ada Drive, Mechanicsburg, P A 17050. ~ 2; cr. ~~ ~ ~rj 5; i~~J~ 3. On July 17,2003, this Court entered an Order specifically directinfj'e p~es @f~ --f ':.v i;! sell the real property located at 3519 Ada Drive, Mechanicsburg, Cumberland Co~ty, 0 ~ Pennsylvania, within 60 days of the Order. 4. The Order further directed the parties to cooperate fully in the sale of the property and further directed that at the time of sale, all the proceeds would be equally divided after the reduction of all reasonable costs of sale. A true and correct copy of said July 17, 2003, Court Order is attached hereto and made part of this Motion as Exhibit "A." .,.- -:'~~;' 'J'-:" _,'_" ,1'0, ,', '~~ic .' , . " 5. On July 18,2003, Petitioner served the July 17,2003, Court Order on Respondent Fred Bohls by forwarding a copy of said Order with cover letter to Respondent's counsel Michael J. Hanft, Esquire. A true and correct copy of said transmittal letter is attached hereto, made part of, and incorporated by reference as Petitioner's Exhibit "B." 6. On August 4,2003, Petitioner forwarded a copy ofa proposed listing contract prepared by realtor Joyce Clark to Respondent's counsel, Michael J. Hanft, requesting the Respondent provide access to the real estate within the next seven days so a listing price could be determined and the listing contract could be executed. 7. Petitioner also enclosed a Seller's Property Disclosure statement which needed to be filled out by Respondent Fred Bohls, since he has been exclusively occupying the residence since the parties' separation. 8. Since August 4,2003, Respondent Fred Bohls has failed to execute the listing agreement and has failed to complete the Seller's Disclosure form. 9. Respondent Fred Bohls's behavior is in direct violation of this Court's Order of July 17, 2003, in that he has failed to cooperate at all in the sale of the property as follows: a. Respondent Fred Bohls has refused to sign the listing agreement to list the property for sale; b. Respondent Fred Bohls has refused to fill out the Seller's Disclosure documents to list this property for sale; and c. More than 60 days has elapsed since the July 17,2003, Court Order and Respondent Fred Bohls has refused to take any step whatsoever to cooperate with the sale of this property. <-O'CO,,- ',' , "~ ;'v;;,,'_"":' ,,,',-b:,~ ;<'~:""""'__~U_" __'~'" 1,,"__,',:. , ~'. 'i .' 10. Respondent Fred Bohls and his counsel have also refused to provide information regarding the fact that the mortgage on the parties' marital residence appears to have been paid off and/or indicating whether Respondent refinanced said mortgage or placed any additional lien on the marital residence. 11. Petitioner Janet Bohls has been harmed and continues to be harmed by Respondent's failure to abide by this Court's Order of July 17, 2003, and his failure to sell the property located at 3519 Ada Drive, Mechanicsburg, Cwnberland County, Pennsylvania, within 60 days of the July 17,2003, Court Order. 12. Respondent has failed to respond to correspondence from Petitioner's counsel regarding cooperating in the sale of this property. 13. Petitioner Janet Bohls has incurred, and continues to incur, substantial counsel fees, costs and expenses in excess of$750 as a direct result of Respondent's violation of this Court's Order of July 17, 2003, and prior Court Orders entered in this case regarding the distribution of this particular asset in this divorce case. WHEREFORE, Petitioner Janet Bohls respectfully requests this Honorable Court hold a hearing on this Motion for Contempt and, after hearing, hold Respondent Fred Bohls in contempt of this Court's Order of July 17,2003, and grant the following relief: a. Remove Respondent Fred Bohls from the residence located at 3519 Ada Drive Mechanicsburg, and grant exclusive possession/control of the property to Petitioner Janet Bohls during the pendency of the sale of this asset; b. Direct Respondent Fred Bohls to sign a listing agreement and complete the Seller's Disclosure statement and otherwise fully cooperate in the sale of this property; ,,=. . ,"" ~-; .' - ,",- ",,,-," ",""",,"', ,",.";,"1).: __~' ,','" , '0,' '" ~l i I , , ' c. Award Petitioner Janet Bohls reimbursement of all reasonable counsel fees, costs and expenses she has incurred as a direct result of Respondent's failure to abide by the July 17, 2003, Court Order; and d. And grant any other relief the Court deems appropriate. Respectfully submitted, REAGER & ADLER, PC DATE: Cj/~/O ~ ,-" _ ";,,' , ,,-:~' JANET BOHLS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA V. : No. 2000-895 . FRED BOHLS, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORDER AND NOW this ) 7 ~ day of ~ , 2003, the rule to show cause is made absolute. The parties hereto are ORDERED to sell the real property located at 3519 Ada '0 Drive, Mechanicsburg, Cumberland County, Pennsylvania within ~ days of this Order. TIle parties are hereby ORDERED to cooperate fully in the sale ofthe property. At the time of sale, all proceeds shall be divided equally after the reduction of all reasonable costs of the sale. Pending the sale, Respondent is solely responsible for all costs and expenses associated with the home. BY THE COURT ~1/; VJ/d.fl,'1. mft~v) q. Ju g J. Wesley Oler, Jr. TRUE COPY FfiOM BECORO III "re$t!ll!\iil)1 \lri'~, ! 1le.1j ~ilii.l ~ "'j}' >1:ioo allri tbii s~i uf said c~. at Ci.~ 11<. r" . p.. . .0i5- c;r,4' ~ ~ ,..:A ~,,~tItlj Prlltnllnotil'll ~ O~" ~ __ _ "" .. ,'"" ~ ' _''''__"'_"'''',.-:1<,, " ~, '~ REAGER &- ADLER, PC ATTORNEYS AND COUNSELORS AT LAW " 2331 MARKET STREET CAMP Hill, PENNSYLVANIA 17011-4642 717-763-1383 TElEFAX 717-730-7366 WEBSITE: ReagerAdlerPC.com THEODORE A. ADLER + DAVID W. REAGER CHARLES E. ZALESKI LINUS E FENIClE DEBRA DENISON CANTOR THOMAS O. WilLIAMS SUSAN H. CONFAIR JOANNE HARRISON CLOUGH SUSAN J. SMITH DOUGLAS P. lEHMAN + Certified Civil Trial Specialist Writer's E-Mail Address:jclough@epix.net July 18, 2003 Michael J. Hanft, Esquire Hanft & Knight, PC 19 BrookwoodAvenue Suite 106 Carlisle, P A 17013 RE: BOHLS v. BOHLS Our File No, 99-906 Dear Michael, I am enclosing an Order of Court issued by Judge Oler on July 17, 2003, ordering the parties to sell the real property located at 3519 Ada Drive, Mechanicsburg, Cwnberland County, Pennsylvania, within 60 days of the Court Order. Please note that the parties are ordered to cooperate fully in the sale of the property and, at the time of the sale, all proceeds are to be equally divided after the deduction of all reasonable costs of the sale. Please also note that, pending the sale, your client is solely responsible for all of the costs and expenses associated with the home. If you have any questions regarding this matter, please do not hesitate to contact me. ery truly yo s, J oanne Harrison Cl ugh JHC/drb Enclosure cc: Janet Bohls " .'""""'. - ',,' ~ -' ,- '~', ' _'~" ,'" .," '--' '",,~,"c' ". " , .~ -."""-';; " ATTORNEYS AT LAW 2331 MARKET STREET CAMP Hill, PA 17011-4642 (7~7) 763""~3 - - JANET BOHLS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA V. : No. 2000-895 . FREDBOHLS, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORDRR AND NOW this J 7 ~ day of Qw, , 2003, the rule to show cause is made absolute. The parties hereto are ORDERED to sell the real property located at 3519 Ada ~o Drive, Mechanicsburg, Cumberland County, Pennsylvania within -1-j days of this Order. Tlj.e parties are hereby ORDERED to cooperate fully in the sale of the property. At the time of sale, ~ :' ~ll proceeds shall be divided equally after the reduction of all reasonable costs of the sale. .... , ' Pending the sale, Respondent is solely responsible for all costs and expenses associated with the -:--;: home. BY THE COURT ItlJ inl.i'l mAUl q, fu g J. Wesley Oler, Jr. TRUE COpy FROM RECORD Iii T~!mi)lljlM'llil'OOt ! he,.; IJ"'" ,,-,. "';.' ,..,,,,," , U\v ~ ~~il ";';:,'il~ an; tlwl uai II! said ~ Ci.~ ff< T'" ..... . . ~ia ej 0al12 ~QOJ .;.,.: j;::A V Protllllnotilnf .... >"'" ,~" , " ~'" _' -><'C . '_ - .,~-'. -1,,~,-t.--,,"'-;'-;"r-<'~",:,,-:;'--"'-,'kl"""'~'-r!I",j.;:;'-';''; 0',"'- _ " ;._; " CERTIFICATE OF SERVICE I hereby certifY that on the date set forth below a true and correct copy of the foregoing Motion for Contempt was served on the following individuals via United States First Class Mail, postage prepaid as follows: Michael J. Hanft, Esquire Hanft & Knight, Pc 19 Brookwood Avenue Suite 106 Carlisle, P A 17013 Dated: l-u~3 fkML(4--- Debra Denison Cantor, Esquire W Attorney ID No, 66378 2331 Market Street Camp Hill, P A 17011 (717)730-7366 Attorney for Petitioner Janet Bohls .'" ,--".",..--,',..-.-- ,-, ,<' ,. "'" i_, """',"''''~',; ,J,'"d,-.'-"," '. ,~'" ,- ,"" -- ";i!",, ,,,' ~.,' __ ,"'~--' , JANET BOHLS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA V. : No. 2000-895 FRED BOHLS, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORDER AND NOW, upon review of the attached Motion for Contempt, it is hereby ORDERED that a hearing on said Motion for Contempt shall be heard before Judge J. Wesley Oler, Jr., on the day of , 2003 at a.m./p.m. in Courtroom # BY THE COURT J. . .'- -,,',-- ^ ' '^', " ' ~'d.,- l' ~ ," n """,'0. .r';;"" - _ '->'~'_ x._~,';;:;;,~,,"\ ___'""'_n , ,,',__ _"">'>; , , JANET BOHLS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2000-895 FRED BOHLS, Defendant CIVIL ACTION - LAW IN DIVORCE MOTION FOR CONTEMPT OF COURT AND NOW this day of September, 2003, comes Petitioner Janet Bohls by and through her attorneys REAGER & ADLER, PC and respectfully fIles this Motion for Contempt and in support thereof avers as follows: 1. Petitioner Janet Bohls is an adult individual currently residing at 3466 Data Drive ......~... . ~ I I ! #926, Rancho Cordova, CA 95670. ~~ C) C) __ ,C,__.,) -"T') Respondent Fred Bohls is an adult individual currently residing in-tJ;1~~ma~1 --\ !lLf,! "'U ~!~,~ ~_;,-l~: ...) -n'f1 residence located at 3519 Ada Drive, Mechanicsburg, PA 17050. ~~i: c:, ;~6 :;;:'-" ...," ).-;,... -y',ti On July 17, 2003, this Court entered an Order specifically directiniib.'e p~ies ~~ ~; h ~ sell the real property located at 3519 Ada Drive, Mechanicsburg, Cwnberland Co~, i5 ~ 2. 3. Pennsylvania, within 60 days of the Order. 4. The Order further directed the parties to cooperate fully in the sale of the property and further directed that at the time of sale, all the proceeds would be equally divided after the reduction of all reasonable costs of sale. A true and correct copy of said July 17, 2003, Court Order is attached hereto and made part of this Motion as Exhibit "A." , 0 ~ ,,--, '~ .< '_ ,~~, ~ c '-", .. ~", , '"" " ,~ "~-- ~. ~ ' ' 5. On July 18, 2003, Petitioner served the July 17,2003, Court Order on Respondent Fred Bohls by forwarding a copy of said Order with cover letter to Respondent's counsel Michael J. Hanft, Esquire. A true and correct copy of said transmittal letter is attached hereto, made part of, and incorporated by reference as Petitioner's E.xhibit "B." 6. On August 4,2003, Petitioner forwarded a copy of a proposed listing contract prepared by realtor Joyce Clark to Respondent's counsel, Michael J. Hanft, requesting the Respondent provide access to the real estate within the next seven days so a listing price could be determined and the listing contract could be executed. 7. Petitioner also enclosed a Seller's Property Disclosure statement which needed to be filled out by Respondent Fred Bohls, since he has been exclusively occupying the residence since the parties' separation. 8. Since August 4, 2003, Respondent Fred Bohls has failed to execute the listing agreement and has failed to complete the Seller's Disclosure form. 9. Respondent Fred Bohls's behavior is in direct violation of this Court's Order of July 17, 2003, in that he has failed to cooperate at all in the sale of the property as follows: a. Respondent Fred Bohls has refused to sign the listing agreement to list the property for sale; b. Respondent Fred Bohls has refused to fill out the Seller's Disclosure documents to list this property for sale; and c. More than 60 days has elapsed since the July 17, 2003, Court Order and Respondent Fred Bohls has refused to take any step whatsoever to cooperate with the sale ofthis property . "'-,';'~' - .'_--"___.",'~ ",,;,",C" ,"",;i;''''"",'" ",',',',,; ,'~' _r,,,",'_ '_ , ';" ,'"' - ~ h.' 10. Respondent Fred Bohls and his counsel have also refused to provide information regarding the fact that the mortgage on the parties' marital residence appears to have been paid off and/or indicating whether Respondent refinanced said mortgage or placed any additional lien on the marital residence. 11. Petitioner Janet Bohls has been harmed and continues to be harmed by Respondent's failure to abide by this Court's Order of July 17,2003, and his failure to sell the property located at 3519 Ada Drive, Mechanicsburg, Cumberland County, Pennsylvania, within 60 days of the July 17, 2003, Court Order. 12. Respondent has failed to respond to correspondence from Petitioner's counsel regarding cooperating in the sale of this property. 13. Petitioner Janet Bohls has incurred, and continues to incur, substantial counsel fees, costs and expenses in excess of $750 as a direct result of Respondent' s violation of this Court's Order of July 17, 2003, and prior Court Orders entered in this case regarding the distribution ofthis particular asset in this divorce case. WHEREFORE, Petitioner Janet Bohls respectfully requests this Honorable Court hold a hearing on this Motion for Contempt and, after hearing, hold Respondent Fred Bohls in contempt of this Court's Order of July 17,2003, and grant the following relief: a. Remove Respondent Fred Bohls from the residence located at 3519 Ada Drive Mechanicsburg, and grant exclusive possession/control of the property to Petitioner Janet Bohls during the pendency of the sale of this asset; b. Direct Respondent Fred Bohls to sign a listing agreement and complete the Seller's Disclosure statement and otherwise fully cooperate in the sale of this property; \'," ~"', ' ;',--, c. Award Petitioner Janet Bohls reimbursement of all reasonable counsel fees, costs and expenses she has incurred as a direct result of Respondent's failure to abide by the July 17, 2003, Court Order; and d. And grant any other reliefthe Court deems appropriate. Respectfully submitted, REAGER & ADLER, PC DATE: cr/~/O ~ ,~ --"" ,', 0" ~Tr.~' "',;0"' ,"~'''";" "C.~M" ," '.. ,,'_~, ",,';_"~ ,-i',', "<"""'-, , " . ' JANET BOHLS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA V. : No. 2000-895 , FRED BOHLS, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORDRR AND NOW this } 7 8 day of Qw.; , 2003, the rule to show cause is made absolute. The parties hereto are ORDERED to sell the real property located at 3519 Ada ~o Drive, Mechanicsburg, Cumberland County, Pennsylvania within ~ days of this Order. T4e parties are hereby ORDERED to cooperate fully in the sale ofthe property. At the time of sale, all proceeds shall be divided equally after the reduction of all reasonable costs of the sale. Pending the sale, Respondent is solely responsible for all costs and expenses associated with the home. BY THE COURT ~tlJ LD'J''1. mj}/~ 9, fu g J. Wesley Oler, Jr. . TRUE COf'tY FfiOM RECORD III Tll$tirrlQijiY \ll!'lI.I~. j Oe(a:. unto ~ 111)' 1'1;100 a:~~ ths ~Mi m said ~. at Ca.~. ~. fni3- 4f ~h 0( ~QOJ . r' '.J > ~/ Protllllnomv "''''' ..,;".;,]1' " _";__~","_~.;,,' ;,",;:' ~"'':-- " ,,;/,,", REAGER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW 2331 MARKET STREET CAMP Hill, PENNSYLVANIA 17011-4642 717.763.1383 TElEFAX 717-730-7366 WEBSITE: ReagerAdlerPC.com THEODORE A. ADLER + DAVID W. REAGER CHARLES E. ZALESKI LINUS E. FENIClE DEBRA DENISON CANTOR THOMAS O. WilLIAMS SUSAN H. CONFAIR JOANNE HARRISON CLOUGH SUSAN J. SMITH DOUGLAS P. lEHMAN + Certified Civil Trial Specialist Writer's E-Mail Address:jcfough@epix.net July 18, 2003 Michael J. Hanft, Esquire Hanft & Knight, PC 19 Brookwood Avenue Suite 106 Carlisle, PA 17013 RE: BOHLS v. BOHLS Our File No. 99-906 Dear Michael, I am enclosing an Order of Court issued by Judge Oler on July 17, 2003, ordering the parties to sell the real property located at 3519 Ada Drive, Mechanicsburg, Cwnberland County, Pennsylvania, within 60 days of the Court Order. Please note that the parties are ordered to cooperate fully in the sale of the property and, at the time of the sale, all proceeds are to be equally divided after the deduction of all reasonable costs of the sale. Please also note that, pending the sale, your client is solely responsible for all of the costs and expenses associated with the home. If you have any questions regarding this matter, please do not hesitate to contact me. ery truly yo s, oanne Harrison Cl ugh JHC/drb Enclosure cc: Janet Bohls ,. ATTORNEYS AT LAW 2331 MARKET STREET CAMP Hill. PA 17011-4642 . (717) 163-1~3 - - JANET BOHLS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA v. : No. 2000-895 . FRED BOHLS, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW this ) 7 io day of ~ , 2003, the rule to show cause is made absolute. The parties hereto are ORDERED to sell the real property located at 3519 Ada ~o Drive, Mechanicsburg, Cumberland County, Pennsylvania within ~ days of this Order. T4e parties are hereby ORDERED to cooperate fully in the sale of the property. At the time of sale, ~.-~ ': ", . all proceeds shall be divided equally after the reduction of all reasonable costs of the sale. .' '~l. ; ~> home. BY THE COURT ItlJ [;111..1,'1. (VA..,. 9, Ju g J. Wesley 0ler, Jr. ' TRUE COP'V' FROM RECORD III Test!1Tl;iIOYM~'OOt, 1l1tf(fJ ,mto lii!lil. Fr.)' MM a:1l~ tlw seal Iff said ~ ea.~ k: r'. C7 ' . 1113 - ~t1OJ . r':~. ~:: ~A ~? Prothonol*Y ". '~, . ".,-~, ...:,,',.-l',' ,.,'.""" "t"~','.J>, ' ~, ".~~,--~' ", ""-- ~ ,,-<- ,,': ,", " CERTIFICATE OF SERVICE I hereby certifY that on the date set forth below a true and correct copy of the foregoing Motion for Contempt was served on the following individuals via United States First Class Mail, postage prepaid as follows: Michael J. Hanft, Esquire Hanft & Knight, Pc 19 Brookwood Avenue Suite 106 Carlisle, PA 17013 Dated: l-u --<\>3 ~L{J~--: Debra Denison Cantor, Esquire ~ Attorney ID No, 66378 2331 Market Street Camp Hill, PA 17011 (717)730-7366 Attorney for Petitioner Janet Bohls , .' > - ----~, . --""';.-- "'.' \-:~"';" ,-..;,,-,.~..,.c'-'-~' I~--, ~- - .-,'"" ~' ,,~ '" ' - ,'1"-': "I I, I I , j! i JANET BOHLS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2000-895 FRED BOHLS, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORDER AND NOW, upon review of the attached Motion for Contempt, it is hereby ORDERED that a hearing on said Motion for Contempt shall be heard before Judge J. Wesley Oler, Jr., on the day of , 2003 at a.m.lp.m. in Courtroom # BY THE COURT J. . ,'.--- ., ,,',' ,., ';-;--,~,~" ,_I . " ';"'.'" :;__", -';.i.; .' " . , JANET BOHLS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA V. : No. 2000-895 FRED BOHLS, Defendant CIVIL ACTION - LAW IN DIVORCE MOTION FOR CONTEMPT OF COURT AND NOW this day of September, 2003, comes Petitioner Janet Bohls by and through her attorneys REAGER & ADLER, PC and respectfully fIles this Motion for Contempt and in support thereof avers as follows: 1. Petitioner Janet Bohls is an adult individual currently residing at 3466 Data Drive #926, Rancho Cordova, CA 95670. 2. Respondent Fred Bohls is an adult individual currently residing in the marital residence located at 3519 Ada Drive, Mechanicsburg, P A 17050. 3. On July 17, 2003, this Court entered an Order specifically directing the parties to sell the real property located at 3519 Ada Drive, Mechanicsburg, Cwnberland Countyc") 0 c w ~ Pennsylvania, within 60 days of the Order. ;m~ ~ ~&::o 2:'-"0 -0 ."r 4. The Order further directed the parties to cooperate fully in the sale ~ pr~rty!j~ !<o :.;.. 'J!:"" and further directed that at the time of sale, all the proceeds would be equally divid~@ter ~ g ~ z .. 0'-\ :::;J N :\5 reduction of all reasonable costs of sale. A true and correct copy of said July 17, 2003;"CodR '< Order is attached hereto and made part of this Motion as Exhibit "A." , 5. On July 18,2003, Petitioner served the July 17,2003, Court Order on Respondent Fred Bohls by forwarding a copy of said Order with cover letter to Respondent's counsel Michael J. Hanft, Esquire. A true and correct copy of said transmittal letter is attached hereto, made part of, and incorporated by reference as Petitioner's Exhibit "B." 6. On August 4, 2003, Petitioner forwarded a copy of a proposed listing contract prepared by realtor Joyce Clark to Respondent's counsel, Michael J. Hanft, requesting the Respondent provide access to the real estate within the next seven days so a listing price could be determined and the listing contract could be executed. 7. Petitioner also enclosed a Seller's Property Disclosure statement which needed to be filled out by Respondent Fred Bohls, since he has been exclusively occupying the residence since the parties' separation. 8. Since August 4,2003, Respondent Fred Bohls has failed to execute the listing agreement and has failed to complete the Seller's Disclosure form. 9. Respondent Fred Bohls's behavior is in direct violation of this Court's Order of July 17,2003, in that he has failed to cooperate at all in the sale of the property as follows: a. Respondent Fred Bohls has refused to sign the listing agreement to list the property for sale; b. Respondent Fred Bohls has refused to fill out the Seller's Disclosure docwnents to list this property for sale; and c. More than 60 days has elapsed since the July 17, 2003, Court Order and Respondent Fred Bohls has refused to take any step whatsoever to cooperate with the sale of this property. - ,,~" ~'" '.i>."''',"",'''", ","~,,,' +,' "',,' ..? ,-~--, ' , '''''~~',1 1 O. Respondent Fred Bohls and his counsel have also refused to provide information regarding the fact that the mortgage on the parties' marital residence appears to have been paid off and/or indicating whether Respondent refinanced said mortgage or placed any additional lien on the marital residence. 11. Petitioner Janet Bohls has been harmed and continues to be harmed by Respondent's failure to abide by this Court's Order of July 17, 2003, and his failure to sell the property located at 3519 Ada Drive, Mechanicsburg, Cwnberland County, Pennsylvania, within 60 days ofthe July 17,2003, Court Order. 12. Respondent has failed to respond to correspondence from Petitioner's counsel regarding cooperating in the sale of this property. 13. Petitioner Janet Bohls has incurred, and continues to incur, substantial counsel fees, costs and expenses in excess of$750 as a direct result of Respondent's violation of this Court's Order of July 17,2003, and prior Court Orders entered in this case regarding the distribution of this particular asset in this divorce case. WHEREFORE, Petitioner Janet Bohls respectfully requests this Honorable Court hold a hearing on this Motion for Contempt and, after hearing, hold Respondent Fred Bohls in contempt of this Court's Order of July 17, 2003, and grant the following relief: a. Remove Respondent Fred Bohls from the residence located at 3519 Ada Drive Mechanicsburg, and grant exclusive possession/control of the property to Petitioner Janet Bohls during the pendency ofthe sale of this asset; b. Direct Respondent Fred Bohls to sign a listing agreement and complete the Seller's Disclosure statement and otherwise fully cooperate in the sale of this property; - ~ " , "' -- ,- ,"< '-' '" , '" ~ ",' >, - c\ ,,~, " '~ ,,' - - ,", "Co , '__'o~' , .'~., ---"" " . .' c. Award Petitioner Janet Bohls reimbursement of all reasonable counsel fees, costs and expenses she has incurred as a direct result of Respondent's failure to abide by the July 17, 2003, Court Order; and d. And grant any other relief the Court deems appropriate, Respectfully submitted, REAGER & ADLER, PC DATE: q/~/O:;Y -" ,,' L--,~ '.. .. _, _ ,-,< " '"" ^", "',,;;,, ~"~'~( ., JANET BOHLS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLV ANlA V. : No. 2000-895 . FREDBOHLS, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORDER AND NOW this J 7 ~ day of Cf7 , 2003, the rule to show cause is made absolute. The parties hereto are ORDERED to sell the real property located at 3519 Ada ~o Drive, Mechanicsburg, Cumberland County, Pennsylvania within.fj days of this Order. TlJ.e parties are hereby ORDERED to cooperate fully in the sale of the property. At the time of sale, all proceeds shall be divided equally after the reduction of all reasonable costs of the sale. Pending the sale, Respondent is solely responsible for all costs and expenses associated with the home. BY THE COURT It:/; f,uI..P'j rP;h/ q, iu g J. Wesley Oler, Jr. . TRUE COPY fTiOM RECORO III T C$t!mO~lY M~m, i Oe((j iJi\ii.lS#! fill' ;l:'\nd ai'l~ t~ ssai u! Slild c~.. at C...~. k!. Till!! c:r ~ of ,;ll/OJ . 11;: ~ C~A !~ Prc!:tlonotilY REAGER "& ADLER, PC ATTORNEYS AND COUNSELORS AT LAW 2331 MARKET STREET CAMP HILL, PENNSYLVANIA 17011-4642 717-763-1383 TELEFAX 717-730-7366 WEBSITE: ReagerAdlerPC.com THEODORE A. ADLER + DAVID W. REAGER CHARLES E. ZALESKI LINUS E. FENICLE DEBRA DENISON CANTOR THDMAS O. WILLIAMS SUSAN H. CONFAIR JOANNE HARRISON CLOUGH SUSAN J. SMITH DOUGLAS P. LEHMAN + Certified Civil Trial Specialist Writer's E.Mail Address: jclough@epix.net July 18, 2003 Michael J. Hanft, Esquire Hanft & Knight, PC 19 Brookwood Avenue Suite 106 Carlisle, P A 17013 RE: BOHLS v. BOHLS Our File No. 99-906 Dear Michael, I am enclosing an Order of Court issued by Judge Oler on July 17, 2003, ordering the parties to sell the real property located at 3519 Ada Drive, Mechanicsburg, Cwnberland County, Pennsylvania, within 60 days of the Court Order. Please note that the parties are ordered to cooperate fully in the sale of the property and, at the time of the sale, all proceeds are to be equally divided after the deduction of all reasonable costs of the sale. Please also note that, pending the sale, your client is solely responsible for all of the costs and expenses associated with the home. If you have any questions regarding this matter, please do not hesitate to contact me. JHC/drb Enclosure cc: Janet Bohls ery truly yo s, I" c., ;.' -, " ;"'~,,__ ~ ,"'0'" .~'~ - _., ATTORNEYS AT LAW 2331 MARKET STREET CAMf HILL, fA 17011-4642 . (717) 71t3-13113 :-- ~ JANET BOHLS, Plaintiff V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA : No. 2000-895 . FRED BOHLS, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORDRR AND NOW this J 7 e:: day of 9-7 , 2003, the rule to show cause is made absolute. The parties hereto are ORDERED to sell the real property located at 3519 Ada ~o Drive, Mechanicsburg, Cumberland County, Pennsylvania within -1'1 days of this Order. T4e parties are hereby ORDERED to cooperate fully in the sale of the property. At the time of sale, .- .' ' Pending the sale, Respondent is solely responsible for all costs and expenses associated with the all proceeds shall be divided equally after the reduction of all reasonable costs of the sale. -;"."}: ~. ,... home. BY THE COURT lid {o".P''f mtnJ.9, fu g J. Wesley Oler, Jr. . TRUE COP"'{ FROM RECORD 111 Te!!t!IT<ili'l1illtl~ I he,,; J"t,., ,,-.. ...... h.,""" I U V ~ l"f, h>...'RJ all;,! tl1:e SI!<1IIfi said ~ Ca.~ ~ Tills . F _ '.;.~ . Yr,dak d,~~ Prottlon~ ." ""~ ",', , ",,} ,--" ,-, '. '" - ',.;.-'~.,,; ""j.,,< " '" ,0 '~',,' -"7" '. ~' '" i,__" ,:. CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing Motion for Contempt was served on the following individuals via United States First Class Mail, postage prepaid as follows: Michael J. Hanft, Esquire Hanft & Knight, Pc 19 Brookwood Avenue Suite 106 Carlisle, P A 17013 Dated: 1-- u ---v3 MLU--- Debra Denison Cantor, Esquire it? Attorney ID No, 66378 2331 Market Street Camp Hill, PA 17011 (717)730-7366 Attorney for Petitioner Janet Bohls . , 5RECEIVED SEP 082005 "Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA JANET BOHLS, No. 2000-895 PlaintifflRespondent IN DIVORCE vs. FRED BOHLS, DefendantlPetitioner ORDER OF COURT AND now, this \ \ tl day of S( )o-t . ' 2005, upon consideration of the within Petition a Rule is issued upon the Respondent to show cause why she should not be held in contempt of the court's decree of January 22, 2004, the particulars set out in the Petition. Rule retwnable on the ;l~ n)..-day of /}ff1/. , 2005, at ~'3.:3 -+.!ll.).uv~ 'nl.1j ~d ~~ ~11j). By the Court, , J. ~ ~ 09.-13" r ~ ''',' ......,", l17~~ F'LFD .'" --,~- I .: ~Ul"'t.lt.t OF 'TlJE DD()T"n\inTA'Rv ~r'l I I ,~, '" ,_.1' ,'-, .. 2005 SEP 12 Pi'l 2: 3 I CUi'v'jl:,::!,:'. "I"~' i,-,:,:~,:1")NTY Pt,[',--!>~ {D/;~J"I!/\ ""'.. ..,' 'J .;~ .- -",;! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA JANET BOHLS, Plaintiff'Respondent No. 2000-895 vs. IN DIVORCE FRED BOHLS, Defendant/Petitioner NOTICE AND ORDER TO APPEAR Legal proceedings have been brought against you alleging you have willfully disobeyed an order of court. If you wish to defend against the claim set forth in the following pages, you may but are not required to fIle in writing with the court your defenses or objections. Whether or not you fIle in writing with the court your defenses or objections, you must appear in person in court on , 2005, at _.m., m Courtroom No. _ IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the court finds that you have willfully failed to comply with its order, you may be found to be in contempt of court and committed to jail, fmed or both. By: J. The Court of Common Pleas of Cwnberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 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. Cwnberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 ,~-- , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA JANET BOHLS, No. 2000-895 Plaintiffi'Respondent IN DIVORCE vs. FRED BOHLS, DefendantJPetitioner PETITION FOR CIVIL CONTEMPT AND NOW, this 2'YL day of September, 2005, comes DefendantJPetitioner, Fred Bohls, and files the following Petition for Civil Contempt and in support thereof avers as follows: 1. The Petitioner is Fred Bohls, an adult individual residing at 3519 Ada Drive, Mechanicsburg, Pennsylvania 17050. 2. The Respondent is Janet Bohls, an adult individual residing at 6601 Blue Oaks Boulevard, Apartment 3701, Rocklin, California 95765. 3. The parties were divorced on January 22, 2004, by Decree in Divorce by which the terms of the parties' Marital Settlement Agreement ("MSA") dated December 15, 2003 were attached and incorporated but not merged. Copies of said Decree and MSA are incorporated herein and attached hereto as Exhibit "A". 4. Paragraph 3.4 of the MSA provides: "Husband shall pay Wife the swn of Twenty-Five Thousand Dollars ($25,000.00) in full and final settlement of all claims. The parties acknowledge that Wife has received as of the date of this Agreement the swn of Sixteen Thousand Dollars (16,000.00) from Husband. Ajudgment in the amount of Nine Thousand ($9,000.00) has been entered in favor of Wife against the property located at 3519 Ada Drive, Mechanicsburg, Cwnberland County, Pennsylvania. Beginning January 1, 2004, Husband shall pay to Wife the swn of Two Hundred Fifteen Dollars and Fifty-Two Cents ($215.52) per month due no later than the fifth (5th) of each month, which is inclusive of interest at a rate of seven (7%) percent annually. - -'""~ The balance of the payment of said Nine Thousand Dollars ($9,000.00) is due and payable no later than July 15, 2004." "Counsel shall exchange special warranty deeds to be held in escrow pending final resolution of this matter and final payment by Husband to Wife as provided above. " 5. Petitioner has met prerequisites of the MSA in order to have the property at 3519 Ada Drive transferred to him by Respondent in July of2004. 6. Petitioner and Petitioner's counsel have made attempts to have Respondent sign a deed transferring 3519 Ada Drive to Petitioner. 7. Respondent has refused to transfer 3519 Ada Drive to Petitioner. 8. Paragraph 6.11 ofthe MSA provides: "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 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 fees, in any action or proceeding to enforce the terms ofthis Agreement." 9. Petitioner has incurred and will continue to incur costs due to Respondent's breach of the MSA. 10. Petitioner has incurred a year-to-date cost for insurance on 3519 Ada Drive in the amount of$508.00. 11. Petitioner has incurred a year-to-date cost for taxes on 3519 Ada Drive in the amount of$2174.77. 12. Petitioner has incurred and continues to incur $807.4 per month III principal and interest on the mortgage of3519 Ada Drive. ,'I., . '";: WHEREFORE, Petitioner requests that Respondent be held in contempt of court, be ordered to execute a deed transferring 3519 Ada Drive to Petitioner, and be ordered to pay Petitioner's attorneys fees and court costs and to reimburse Petitioner for insurance costs, taxes, and principal and interest paid on the mortgage. Respectfully submitted, KNIGHT & ASSOCIATES, P.C. ean M. Shultz, Esquire Attorney J.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Petitioner )," ~~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA JANET BOHLS, No. 2000-895 Plaintiff/Respondent IN DIVORCE vs. FRED BOHLS, DefendantJPetitioner CERTIFICATE OF SERVICE AND NOW, this Z!!aay of September, 2005, I, Sean M. Shultz, Esquire, hereby certifY that I have this day served the following person with a copy of the foregoing Petition for Civil Contempt by first class, United States Mail, postage pre-paid, addressed as follows: Janet Bohls 6601 Blue Oaks Boulevard, Apartment 3701 Rocklin, California 95765 Respectfully submitted, ean M. Shultz, EsqUIre Attorney ill No 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Petitioner 1196-1.contemptpetition. wpd j, - -" .--"'"" ~..;a~0!" VERIFICATION I VERIFY that the statements set forth in the attached Petition for Contempt are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. F:\User Folder\Firm DOl:s\FOl111S\Litigation\V erification,generic , , , . . . . . . . . . . . ,> . . . . . . . . " . . . . .' . . . . . . .. . . , . . . . . . . . . . . '. . . . . . . . . . 'I"~ ;, ."j '~ " " "'" ;ti;t;;!o;:t;;t; PENNA. . . . . V.....'\;'VVy,.".".".".. w. . .. . . . . , IN TH RT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF JM1ET BOHLS No. 2000-895 ;' ( VERSUS FRED BOHLS DECREE IN DIVORCE AND NOW, T.H)U;>...J 1 2-) , 2coLL, IT IS ORDERED AND DECREED THAT , PLAINTIFF, TAlITJ<:'1' 1Iom.s AND FRED BOHLS , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms of the parties' Marital Settlement Agreement dated December . 15. 2003 . . . . . . . . . . . . J. . . and attached hereto are incorporated herein but not merged herewith. . :!l "':+::+:ff. BYTH"cozr I? . -12/ -Il egYD Vj{, AT[tT: . PROTHONOTARY . . . . .. . . ;+;;1;'1':1: :+: " .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . ., . . . . . . . . . . . . . . . ~ F:\User FlJlder\Firm Does\Gendocs2003\1796-1msa. wpd MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this 15th day of December, 2003, by and between FRED BOHLS, of Mechanicsburg, Cwnberland County, Pennsylvania, (4ereinafter referred to as "Husband") and JANET BOHLS, of Mechanicsburg, Cumberlari'd Co~ty, Pennsylvania, (hereinafter referred to as "Wife.") WITNESSETH: WHEREAS, Husband and Wife were married on June 7, 1981, in Appleton, Wisconsin; and WHEREAS, Husband and Wife have been living separate and apart from each other since July 25, 1998; WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six (6) months; and 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; 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; WHEREAS, there was one (1) child born of the marriage, namely, Ruth Ann Bohls, born October 1,1982; and WHEREAS, it is the intention and purpose ofthis 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 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, after both have had full and ample opportunity to consult with their respective attorneys, and the Parties now wish to have that agreement reduced to writing. NO W, THEREFORE, the Parties hereto in consideration of the mutuallymade and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: Page 1 of 8 . , ", 'c_ '<' __I , <,''', , d 'C,'~ ,'",,,- LlL- ". ARTICLE I: SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall deem fit free from any control, restrain, or interference, direct or indirect, by each other. Neither Party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him other by any legal or other proceedings. The foregoing provision 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 predicated on divorce. It is warranted, covenanted, and 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 this Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims of 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 an she are and ever shall be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property ofthe Parties are accepted by each Party as a final settlement of for all purposes whatsoever. Should either of the Parties obtain a decree, judgment or order of separation or divorce in any other state, county, or jurisdiction, each ofthe Parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be effected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the Parties should remarry, it being understood by and between the Parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce judgment or decree if or whenever sought by any of the Parties hereto. It is understood by the Parties that a divorce complaint has been fIled in the Court of Common Pleas of Cumberland County, Pennsylvania at docket nwnber 2000-895. Such incorporation, however, shall not be regarded a merger, it being the intent of the Parties to permit this Agreement to survive any such judgment or decree. Page 2 of 8 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 Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the Parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and need for each of the Parties; the contribution of one Party to the education, training or increased earning power of the other Party; the opportunity of each Party for future acquisition of capital assets and income; the sources of income of both Parties, including, but not limited to medical, retirement, insurance or other benefits; the contribution of 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 ofthe PartIes established during their marriage. 3.2 The division of existing marital property is not intended by the Parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the Parties. 3.3 The Parties shall retain sole and exclusive right, title and possession of all personal property currently in their possession. Except as provided for herein, Husband shall make no claim whatsoever for any personal property in Wife's possession. Additionally, except as provided for herein, Wife shall make no claim whatsoever for any personal property in Husband's possession. Should it be necessary for either Party to execute any docwnents to convey title to any such personal property in the other Party's possession, they shall do so within thirty (30) days of the execution of this Agreement or within thirty (30) days of the request from the opposing Party. a. The parties have divided their personal property to their mutual satisfaction. 3.4 Husband shall pay Wife the swn of Twenty-Five Thousand Dollars ($25,000.00) in full and final settlement of all claims. The parties acknowledge that Wife has received as of the date of this Agreement the swn of Sixteen Thousand Dollars (16,000.00) from Husband. A judgment in the amount of Nine Thousand ($9,000.00) has been entered in favor of Wife against the property located at 3519 Ada Drive, Mechanicsburg, Cwnberland County, Pennsylvania. Beginning January 1,2004, Husband shall pay to Wife the swn ofTwo Hundred Fifteen Dollars and Fifty-Two Cents ($215.52) per month due no later than the fifth (5th) of each month, which is inclusive of interest at a rate of seven (7%) percent annually. The balance of the payment of said Nine Thousand Dollars ($9,000.00) is due and payable no later than July 15, 2004. Page 3 of 8 If Husband fails to pay the balance by July 15, 2004, Wife shall be granted exclusive possession ofthe home, and Husband shall move from the residence no later than 5:00 p.m. on July 16, 2004. Wife shall then be granted sole authority to execute all docwnents necessary to effectuate the sale of the property including, but not limited to, any listing or sales agreements as well as the deed. Wife shall retain the first Nine Thousand Dollars ($9,000.00) of the sale proceeds, and Husband shall retain the balance. ;- The issue of fees and costs is reserved should Husband default on the payment of the note and Wife shall have to incur fees and costs to enforce the Order of Court dated December 1, 2003. Counsel shall exchange special warranty deeds to be held in escrow pending final resolution of this matter and final payment by Husband to Wife as provided above. 3.5 Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other Party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. ARTICLE IV: RELEASE OF SUPPORT FOR HUSBAND AND WIFE 4.1 Except as provided in this Agreement, the Parties herein acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance, and support in the station of life in which they are accustomed. Except as provided herein, Husband and Wife do hereby waive, release and give up any rights they may respectively have against the other for alimony pendente lite, spousal support, or maintenance. 4.2 Husband and Wife specifically waive, release and giveup any rights for alimony that they may be entitled to pursuant to Chapter 37 of the Pennsylvania Domestic Relations Code. ARTICLE V: DEBTS OF THE PARTIES 5.1 Each Party represents to the other that except as otherwise specifically set forth herein, there are no major outstanding obligations of the Parties, that since the separation neither Party has contracted for any debts for which the other will be responsible and each PartyindeIIUlifIes and holds harmless the other for all obligations separately incurred or asswned under this Agreement. The parties agree to indeIIUlify and hold each other harmless from any and all loss or liability in connection with said marital debts. In the event either Party contracted for or incurred any debts since the date of separation, the Party who incurred said debt shall be responsible for the payment Page 4 of 8 L> ,L,.' :"- ','" ,~~-. --~ , C~, - , _ 'k _ ...,c'':;;; "'- (u' thereofregardless of the name in which the account may have been charged. Husband and Wife acknowledge and agree that they have no outstanding debts or obligations ofthe Husband and Wife incurred prior to the signing of this Agreement. ARTICLE VI: MISCELLANEOUS PROVISIONS 6.1 r The Parties hereto have retained independent legal counselor have had the opportunity to do so and have voluntarily declined to retain counsel. The provisions of this Agreement and their legal effect have been fully explained to the Parties bytheirrespective counsel or the Parties have waived their right to have legal advice regarding the meaning and implication of this Agreement. The Parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Husband acknowledges that Debra Denison Cantor, Esquire, of Reager & Adler, P.c., represents Wife and has provided him with no advice, legal or otherwise, in this matter or with regard to this Agreement. Husband is represented by Michael J. Hanft, Esquire, of Hanft & Knight, P.C. 6.2 Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of the other, for all times to come and for aU purposes whatsoever, of and from any and all legal right, title and interest, or claims in or against the property of the other or against the estate of the other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as byway 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 rightto take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth, or territory of the United States, or ( c) any other country, or any rights which either Party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, source fees, costs or expenses, whether arising as a result of the marital relation or 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 ofthis Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Page 5 of 8 6.3 Each Party represents that since separation, 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 maybe provided for in this Agreement. Each Party agrees to indemnify and hold the other Party harmless from and against any and aU such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out.of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will/now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specificaUy provided herein. 6.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both Parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.5 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of this Agreement. 6.6 This Agreement shaU be binding and shall inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.7 This Agreement constitutes the entire understanding ofthe 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. 6.8 If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any Party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the Parties. 6.9 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Domestic Relations Code ofthe Commonwealth of Pennsylvania. Page 6 of 8 6.10 The Parties warrant and represent that they have made full disclosure of all assets prior to the execution of this Agreement. Each Party represents and warrants that he or she has made a fuU and fair disclosure to the other of all of his or her personal property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subj ect. Each Party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable OI"may mecome liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each further warrants, represents, and declares that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. Each Party acknowledges that, to the extent desired, he or she has had access to alljoint and separate State and Federal Tax Returns (including supporting documentation) filed by or on behalf of either or both Parties during marriage. 6.11 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 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 fees, in any action or proceeding to enforce the terms ofthis Agreement. 6.12 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 this Agreement by either Husband or Wife until it shaU 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. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Page 7 of 8 . . I" ....". 'L_ -.~ _"~, .' '. . ^ l' _ _ ~. _~ J~ ~ "",- IN WITNESS WHEREOF, the Parties have set their hands and seals the day and year first above written. WITNESSED BY: Fred ohls J ++~ Page 8 of 8 j~ , ~ . " _. < ~ .~ "'"'-l!.fil~iIi-~' .=m ...;' ''',''-", ......... --e19 y I. 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'~;l; 7l 111,,) ." ~ 011 I\' 11- , -.,.., h it , f; <:';'":-" --", , -.,',.' ,c ,-" '~_~. ,.~ 0 "A'< : nW~tJ ~t;~~ S ~cRi ~ "0 '" <1> '" .,...""HtJ ~ e; ~ (tI -- :l J"""" (D > 00. 'i:j,..,. C'..... 0 >(/)t:D::i _::t.H n ~ (tI ~ ~ O~,",:l - "- _ 0 .H : : : tT1 ", .n r. ~. <,,' ~. .." ".'-,,~'_~ ~--,",-,,'.~~L . __ nW~ g ~ g :> -llQ "d '7 <1> ::c:""H t::.;~R> r~;1> "0-0.- ;1>u:>- ::t ~ ~<1> ~~ - .- /"'.#.. -~5:;""., fir '/_1\1!1 ~'--' ~;;.', ;13\ , Ai ~..,~':;~~! ~J~i~~~,~~~j 1...1 ,,/ I'.'; ! co I l~~~ ,- ! C:;) l'h I';,,: lilli' IU, HI I to 1 0':;; 1.;1, i --:> 1 IiTI I "',,. I ill: , ~~ : "- IttU I r:1_1 _iJ .:__1 . :;;"t;;:;;,~ \~ \) '" It '" 11" .<lk~.f-~:ti:,,", -'_:-~!~"' .. ~,~ "< "'~""--"-" '.""';"'- -0.'__'_0__,,_,,_ .J.-;'-~,,-- ,~,-;..~ ,,-'.0:-;;,:;; ."" -,.. ,'",' ,c:"_;~_,, :~~';;"-ji,;:r;,__,:-,<:,,-;- ~;,~c -;;;':-'"~{~-_J__',.';~,::~::_~~-":~~::~'~,,,:- ."'-~'; JANET BOHlS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-895 Plaintiff/Respondent IN DIVORCE v. FRED BOHlS, Defendant/Petitioner ANSWER TO PETITION FOR CIVIL CONTEMPT AND NOW, comes Plaintiff/Respondent, Janet Bohls, by and through her counsel, McNees Wallace & Nurick llC, and files the following Answer to Petition for Civil Contempt as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part, denied in part. It is admitted that payment was ultimately made. However, Petitioner did not prepare and forward a deed for execution until December 2004. Counsel for Respondent had difficulty contacting Respondent. Respondent ultimately elected to represent herself and sought assurance that all liens and encumberances had been satisfied. 6. Admitted in part, denied in part. It is admitted that Petitioner's counsel made attempts to have respondent sign a Deed transferring 3519 Ada Drive to Respondent. Prior to executing the deed, Respondent requested that the parties share .~ .,-,-.,,,,,',. ,",- < . . '-"-<[,1 ,. -.--10 ,',' ,.' ."', 'c, '~'--"~-" ~...- .:~ :;; '~,/, '1 the cost of a bring-down/title search on the property to assure that there were no outstanding liens in her name prior to transfer. Petitioner, and Petitioner's counsel, failed to respond to said request. Therefore, Respondent retained counsel to prepare a bring-down which reflected an outstanding obligation which had to be cleared prior to the transfer of the Deed. Said obligation was utlimately removed and the deed executed. 7. Denied. Respondent did not refuse to transfer 3519 Ada Drive, and in fact, had executed the Deed prior to the filing of this Petition. Respondent did require a bring-down on the property to assure she had no further liens in her name. There was in fact one obligation which was not cleared. After removal of this obligation, the Deed was executed and forwarded to counsel. 8. Admitted in part, denied in part. The language in the Marital Settlement Agreement speaks for itself. It is denied that Respondent breached the agreement. 9. Denied. It is denied that Petitioner has incurred and will continue to incur costs due to Respondent's breach. It is also specifically denied that Respondent breached the Marital Settlement Agreement. Respondent transferred the Deed upon proof that there were no additional liens against the home. The need for this assurance was warranted given the prior deceitful and contemptuous behavior of Petitioner. 10. Denied. After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph, and, therefore, the averments are denied. By way of further answer, in no way is Respondent obligated for insurance costs on a home possessed solely by Petitioner since March 2000. 2 11. Denied. After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph, and, therefore, the averments are denied. By way of further answer, Respondent is in no way responsible for taxes on a property solely occupied by Petitioner since March 2000. 12. Denied. After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph, and, therefore, the averments are denied. By way of further answer, in no way is Respondent responsible for the cost of principle and interest on a mortgage held solely in Petitioner's name for property solely occupied by Petitioner since March 2000. WHEREFORE, Respondent requests this Honorable Court to deny Respondent's Petition for Civil Contempt. NEW MATTER 13. Paragraphs 1 through 12 of this Answer are incorporated herein by reference. 14. Respondent is a party to divorce in this matter, which was filed on February 15, 2000. 15. Petitioner's behavior in this case was vexacious, deceitful and in direct violation of the Rules of Civil Procedure and repeated Court Orders. During the course of this case, Respondent filed two separate motions to compel discovery, one in 2000 and one in 2001. Plaintiff also filed a Petition for Special Relief on April 12, 2001 due to Petitioner's failure to pay obligations related to the marital home which he has solely occupied since March 4, 2000. 3 ":""."., 16. A hearing on the Petition was scheduled before Judge Wesley Oler on September 13, 2001. 17. On September 13, 2001, the parties entered into a Stipulation which was read into the record and entered as an Order regarding the marital home. Pursuant to the terms of the Order, Husband had 7 months from the date of the Order to complete a refinance or assumption to remove Wife's name from all obligations. The refinance did not occur. 18. Therefore, on June 12, 2003, Respondent was forced to file a Motion to Enforce Court Order/Motion for Contempt requiring the sale of the marital home. Petitioner failed to file a response to this Motion and a Motion to Make Rule Absolute was filed on July 15, 2003. 19. On July 17, 2003 the Court entered an Order directing the parties to sell the real property at 3519 Ada Drive. Respondent made attempts to effect that Order, and failed to have any cooperation from Petitioner. 20. A Motion for Contempt was filed on September 26, 2003 for Petitioner's failure to further respond to the Order. 21. During the pendency of the proceedings, Petitioner was contacted by her mortgage company to indicate that the parties' mortgage had been paid in full and that another mortgage had been taken out on the property. Petitioner did not consent to this refinance nor did she provide the documentation necessary to perfect title for the mortgage company. 22. Respondent's counsel attempted to contact Petitioner's counsel on several occasions regarding these improprieties. When she was unable to obtain information 4 ,-",.,,~'. ,'j. - "."-"-', ., . '1-" ~. ',_"C ..~ ---" -, ,'" --" " ,"-' ---' ..,,-J--, _j:t i~', ';.._'., '-~ -",,',--.,'-, .- "", directly from Petitioner, she was forced to subpoena the mortgage company and the settlement package from Petitioner's counsel's office in order to determine exactly what occurred. It was discovered that Petitioner had re-financed the marital home into his own name, but had not obtained Respondent's signature on the Deed. Further, Petitioner had refinanced not sufficient funds to pay Respondent for her interest in the marital home, nor had Petitioner's counsel perfected title for the new mortgage company. 23. Ultimately, the parties appeared before Judge Wesley Oler, and an Order was entered on December 1, 2003 requiring Petitioner to pay Respondent for her interest in the home. This Order was incorporated into 113.4 of the parties' Marital Settlement Agreement. 24. Petitioner ultimately made all payments associated with this Agreement, and requested Respondent's execution on the Deed. 25. Given the multiple filings for Motions to Compel Discovery, Motions for Special Relief, Contempt Petitions, and Motions to Enforce Court Orders, and for the deception which occurred regarding the parties' marital home, it was reasonable for Respondent to require a bring-down on the property prior to execution of the Deed. When such request was met with resistance from Petitioner and Petitioner's counsel, Respondent promptly obtained a bring-down on her own behalf and executed the Deed upon proof that title and her credit were clear. 26. It should be further noted that Respondent's Petition for Civil Contempt and Order crossed in the mail with the executed Deed. 5 , '-', -,-~" ~"~-i. "' " . .- ,,',- _0 _, ,'_-,,~_ .,' :,_~ ,,____ . ~, ", , . ';-,-; -'. -: ::-{:,- :":,' ,:~.,,-~~- --,' . . . 27. Respondent's counsel contacted Petitioner's counsel on repeated occasions requesting the withdrawal of the Petition for Civil Contempt, given that the underlying request had been met concurrently with the filing of the Petition. Petitioner would not agree to withdraw the Petition. 28, It is clear through the history of this case that Respondent incurred significant attorneys' fees and costs based on Petitioner's non-compliance with the Rules of Civil Procedure or with Court Orders. It is also clear that Petitioner and his counsel engaged in deceptive practices and deliberately concealed such actions from Respondent. Respondent sought to protect her interests by assuring that her credit and the title to the home were clear prior to executing the Deed, and as such should not be charged with contempt nor be responsible for any fees and costs associated with this matter. WHEREFORE, Petitioner requests this Honorable Court to dismiss the Petition for Civil Contempt. Respectfully submitted, By a De Ison Cantor A orney I.D. No. 6637. 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff/Respondent, Janet Bohls Dated: November 15, 2005 6 i' - I~ ~~, , " ~-.u" 'Nov 1305 10:25p p.2 VERIFICATION Subject to the penaltIes of 18 Pa. C,S.A. ~ 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. Dated: November /3 , 2005 ~ Janet Bohls ' I&k ~--'.-"~ . '-"c ,. -, ~"^ . .' . '" ;'< '" . -_C;,,_ ,,_~; ,;'-;'.'c I,... :': _ ,,_ . '-,--;"'- ^ 'f . __ ,~~ ." .. CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served on the following individuals via United States First Class Mail, postage prepaid as follows: Sean M. Shultz, Esquire Knight & Associates, P.C. 11 Roadway Drive, Suite B Carlisle, PA 17013 Dated: November 15, 2005 :-';,;,.' '--" , ~'"'"-~. ";'" .;.' , 7.~_ ,-",_.. ~-_i,,-.. ,,-, '"-. jt) ~qL ""~ cp\<: '~'f ,~ - ~::_~ .- ~:>~; ~ o r- '---'"; ....., = "'~ =' :T- Cl ~<: ~ --:! 'I...,., n'r:: -00.1 ~1'j~.J 8~~ ~:?t~ .t:" fT1 'c:\ 51 '< U1 ::z -"'. N ..0 - ..=~- "'; ~ "--'-;<' . -', ,..;,), ,." :', 44 JANET BOHLS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA V. : No. 2000-895 FRED BOHLS, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Pursuant to the Court Order dated December 1,2003 attached hereto as Exhibit "A", please enter a Judgment in the sum of Nine Thousand Dollars ($9,000) against Defendant Fred Bohls and the real property located at 3519 Ada Drive, Mechanicsburg, Pennsylvania 17050, in the sum of$9,000. Date: };]-./ISp ~ ~ '^ :.' ." , << . JANET BOHLS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW FRED BOHLS, Defendant No. 00-0895 CIVIL TERM ORDER OF COURT AND NOW, this 1st day of December, 2003, upon consideration of Plaintiff's Motion for Contempt of Court, and pursuant to an agreement reached in open court in which the Plaintiff was represented by Debra Denison Cantor, Esquire, and the Defendant was represented by Michael J, Hanft, Esquire, it is ordered and. directed as follows: .1. Husband shall pay Wife the sum of $25,000.00. for full resol~tion of this matter. Husband shall pay Wife $16,000.00 today. A judgment in favor of Wif~ is hereby entered in the amount of $9000,00, This judgment shall be entered against the property located at 3519 Ada Drive, Mechanicsburg, Pennsylvania, 17050. 2. Beginning January 1st, 2004, Husband shall pay Wife the sum of $215.52 per month due no later than the 5th day of each month, which is inclusive of int~restat a rate of 7 percent annually, The balance of the payment. of $9000.0q is due al1dpayable no later than '. July 15th, 2004.. 3. If Husband fails to pay the balance by 0"-0>'. '.'.',.. "~-. '" "- ~. ,r.,;,'- ,. ,,; .., ',..:,.'" '-,J"-,""."'f." , ~,." . . ...~ , . July 15th, 2004, Wife shall be granted exclusive possession of the horne, and Husband shall move from the residence no later than 5:00 p.m. on July 16th, 2004. Wife shall then be granted sole authority to execute all documents necessary to effectuate the sale of the property including, but not limited to, any listing or sales agreements as well as the deed. wife shall retain the first $9000.00 of the sale proceeds, and Husband shall retain the balance, 4. The parties agree that this is a full and final resolution of their divorce case. 5, Each party shall retain all property in their possession, and they waive the right to and interest to make any further claims to such property. The parties waive any further rights to alimony, spousal support, or alimony pendente lite, 6. The issue of fees and costs is reserved should Husband default on the payment of the note and Wife shall have to incur fees and costs to enforce this order. 7. The parties agree that they shall execute all documents necessary to effectuate the finalization of the divorce no later than December 15, 2003. 8. Counsel shall exchange special warranty deeds to be held in escrow pending final resolution of this matter, 9. The appointment of the Divorce Master is "'- - -~ ,~, ~ ",,--, 0, " .: , . hereby revoked, Debra Denison Cantor, Esquire 2331 Market Street Camp Hill, PA 17011 For the Plaintiff Michael J. Hanft, Esquire 19 Brookwood Avenue Suite 106 Carlisle, PA 17013 For the Defendant wcy ~- ^-.' c__, "I "'~"" ,_,'"\~, ..;.' ;"'" '" .-, t;;::;; By the Court, rr: , , !" I I I ~ l , I i'~ I i t ~ I , I:' /'/'. /} : -'Ii / /J //1 . [(/ C-;~)l~C;;,:'~ ~ J. !lWesley I... ~, '1 I' I- I' t,! I-I ~~ I~ (I I,; I~ ,,',I ,;~ f1; ~I ~! l~ rjl ;1: fj! f;: :'1 ii! ::1; p! ii I: i" l:: ii ~i i~! lOi "1j I:, ~: ~: f,' I: '" I ~ II Ii I' ~i [I Ii Ii Ii ,I ,I II Ii I I I ~ """""1Ml'1*!1l' '~. . _tnll " -,,' d,," " . . t ~ 0 7"- ~ fl=::' [;; - ~ c VI 1.1'\ G" ~ ...J [ C>() ~ ~ ;) 't? ~ ~ ~.' .::t::" ~ ~ ~ 8 ~ Sl- r;?' J r "l () ~ '-or;-: GJ(- i~i::'::.' C/-;),' -<= " rr ~:::- --.' ~8 ::~ -( '""' "".' , "" = = '-'" Cl rrt CJ o -n :2 nl::IJ r- "Om :05:' 80 :::r:c' cj-r-i ~o ;5;;:r11 .J ;;;:! CD -< -.J "'" ~ '2 w . [-;--;(;-;.; ~~,~j /-.' ~ ~ -, "< v. -< ~::--:: c. b. , J> -- ..'- REAGER & ADLER, P.C. ATTORNEYS AT LAW 2331 MARKET STREET CAMP Hill, PA 17011-4642 (717) 763-1383 ~.~ o <:.~ =2 i 1['"""-1 ...,~ ...., = = ~ o .." '.... :::r:." m-- -ofn 65: :?~ ~-~- "'!J (),..., -;7....J r")m =., p- 3! Cl 1""1 ('") -.J 2";: -:r~ = (,..) ,- K" ~- ~ ~ JANET BOHLS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW FRED BOHLS, Defendant No. 00-0895 CIVIL TERM ORDER OF COURT AND NOW, this 1st day of December, 2003, upon consideration of Plaintiff's Motion for Contempt of Court, and pursuant to an agreement reached in open court in which the Plaintiff was represented by Debra Denison Cantor, Esquire, and the Defendant was represented by Michael J. Hanft, Esquire, it is ordered and directed as follows: 1. Husband shall pay Wife the sum of $25,000.00 for full resolution of this matter. Husband shall pay Wife $16,000.00 today. A judgment in favor of Wife is hereby entered in the amount of $9000.00. This judgment shall be entered against the property located at 3519 Ada Drive, Mechanicsburg, Pennsylvania, 17050. 2. Beginning January 1st, 2004, Husband shall pay Wife the sum of $215.52 per month due no later than the 5th day of each month, which is inclusive of interest at a rate of 7 percent annually. The balance of the payment of $9000.00 is due and payable no later than July 15th, 2004. 3. If Husband fails to pay the balance by . , III '" " ." """,' ' " ~1' ,"-~ ,~.. ."\ CC) .~-:r:\I'C fL.i,J """,J(r IJl,.. OF ~,'" "'0>~- 'r~'O-W;':( I ~_,_. ,_ 1- tt'r", 1 i \ ,tl'..' ",_,1."... -.', 0'3 nEe - L\ ~li 9; 51 CJMBEKW'l'\lJ 0JUNf'{ PENNS'ILVANIA " ~ ", ,1' ... ,.''__ , ,~"'1'{!,,'," -;- r,'""_"",,,.. '" "^_fIl~ . , ,~_. ~ll .I,_",_,~"",'04M11_ lIIIf'~~ , ~~ ~~. II" ... July 15th, 2004, Wife shall be granted exclusive possession of the home, and Husband shall move from the residence no later than 5:00 p,m. on July 16th, 2004. Wife shall then be granted sole authority to execute all documents necessary to effectuate the sale of the property including, but not limited to, any listing or sales agreements as well as the deed, Wife shall retain the first $9000,00 of the sale proceeds, and Husband shall retain the balance. 4, The parties agree that this is a full and final resolution of their divorce case. 5. Each party shall retain all property in their possession, and they waive the right to and interest to make any further claims to such property, The parties waive any further rights to alimony, spousal support, or alimony pendente lite. 6. The issue of fees and costs is reserved should Husband default on the payment of the note and Wife shall have to incur fees and costs to enforce this order. 7. The parties agree that they shall execute all documents necessary to effectuate the finalization of the divorce no later than December 15, 2003. 8. Counsel shall exchange special warranty deeds to be held in escrow pending final resolution of this matter. 9. The appointment of the Divorce Master is r ~ hereby revoked. ~bra Denison Cantor, Esquire 2331 Market Street Camp Hill, PA 17011 For the Plaintiff ~ichae1 J, Hanft, Esquire 19 Brookwood Avenue Suite 106 Carlisle, PA 17013 For the Defendant wcy By the Court, 7 I /<' ) -[/........- J. /fWesley 014 , Jr., V >t~~ ~ 1~-oL\-c5 ~--' --" . ---,,' ~. ',^ ~. "~o;".:__,"j__, ',_ ,;,1' nJ -::;;-~': ",,-,.'-"~ -1j _','" ,~ , -.- '-'-'". ,,' _'__~_"'_-' -.- . --,-., , "'~ JANET BOHLS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-895 Plaintiff/Respondent IN DIVORCE v. FRED BOHLS, Defendant/Petitioner PRAECIPE TO SUBSTITUTE VERIFICATION To the Prothonotary: Please substitute the attached original Verification for the faxed verification previously attached to the Answer to Petition for Civil Contempt filed in the above captioned matter on November 15, 2005. McNEES WALLACE & NURICK LLC By baD. ntor I. . 6378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 Attorneys for Plaintiff/Respondent, Janet Bohls Dated: November 17,2005 """"". ~.; '",,' .,'. ,',.' , " '\'- ;----:0,- _:.."(.,, . 0-'-' ~.~. , . ,..,. -;:\,:~,;,,'::t.:-7-.' -:,___~ :__~~<,,~. ,_~':;.:;;;:.~~~~~".;~::~:,;;~:~ _~:_, '. '~ "--.,,;.,..,,,P~, """__f,C-,-' " ... VERIFICATION Subject to the penalties of 18 Pa. C.S.A. ~ 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. Dated: November /3 , 2005 Jaoet 8ohl, ri ~ .... ~ CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served on the following individuals via United States First Class Mail, postage prepaid as follows: Sean M. Shultz, Esquire Knight & Associates, P.C. 11 Roadway Drive, Suite B Carlisle, PA 17013 Debra Denis Dated: November 17, 2005 Q)F": /_1., ~? , c,~~ \. ,..,.:;.;( j;> z.'. ~~L '.. o c.; -;l ", 1,--" ". ... ,...., c:::::> c;::::> c.n o -n .-< ::r..-, rnF !:)iT1 -qCJ C'~),6 ~r::n '~'t~'! o .~ ~ --<.. ::l~ c~ ...~- OJ --0 N .. N CO lB .~ i ~ .~ .-. ... JANET BOHLS, Plaintiff v. FRED BOHLS, Defendant ..., 01, 'j"" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 00-0895 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of November, 2005, upon consideration of the attached letter from Sean M. Shultz, Esq., attorney for Defendant, the hearing previously scheduled for November 22, 2005 regarding Plaintiffs Motion for Contempt of Court is continued generally. Counsel are directed to notify the court if a hearing is requested or if a settlement is reached. Debra Denison Cantor, Esq. 2331 Market Street CampHill,PA 17011 Attorney for Plaintiff Sean M. Shultz, Esq. 11 Roadway Drive Suite B Carlisle, PA 17013 Attorney for Defendant :rc BY THE COURT, /1-j3~()J ~ ~ :M; :. FiLED-O{:FiCE OF TH::: DiJ(Wun'.,!I)T4RV ,J,- I ll'./ll ",-,1_", II.... za05 Nav 22 PH 3: 15 C"! >,- U1,',t,;.j;::. 1,,--_.; ,-'-:uu"'rrv , '-- ~ ~ ~~" ~-~,~--, .=";- - , "'-"""'I~~ ..=~ ,,' " ~ .,' K"'.' 71 72490457 KNIGHT & ASSOCIATES PAGE 02/02 KNIOI-iT&AsSOCIATES EC. Attorneys at Law November 21; 2005 The Honorable 1. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 RE: Janet Bobls v. Fred Bohls (In Divorce) No. 2000-895 Our File No. 1796.1 Dear Judge Oler: I represent Fred Bobls in the above-referenced case. The ~arties have settled the matter, Therefore, I am requesti,llg a general continuance of the hearing schMuled for November 22,2005, at 2:30 p.m. Debra Dennison Cantor, Esquire, counsel for Respond!rnt, J arret Bohls, consents to my request for a general continuance while we prepare the settlement 4ocuments. Should you have any questions or wish to discuss this matt~ further, please do not hesitate to contact my office. v cry truly yours, SMS/dmh cc: Debra Dennison Cantor, Esquire Fred Bohls F:\tJ~r Ilolder\FirmDcc:s\Gtlll~~\11'96-1jl1d~,olllf,""'pt1 11 Ro~dwQY Drive SLJitc B Ci:!rllsle, PA J.701.3~R806 . 717.249..5.>73 717.249.0457 fax '\ lMu_llIl;jg~~"'-""'-' ~~ _lli,~,,_~g~a..~!;~.w"'~ ~"~~'~ilIiI_liL ~'"~ ,k? y if; rill '1Jl"- . IO~..-~ ~_. . ~_. i .~ F' . __ liLl': IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANET BOHLS, No. 2000-895 Plaintif.flR.espondent IN DIVORCE vs. FRED BOHLS, DefendantIPetitioner PRAECIPE TO THE PROTHONOTARY: Please mark the Petition for Civil Contempt filed by Defendant in the above-captioned matter on September 6, 2005, settled and discontinued. 1114105 KNIGHT & ASSOCIATES, P.C. ~ Sean M. Shultz, Esquire Attorney ill No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249"5373 Attorney for Defendan anto squire Mc ee ce & Nurick, LLC 100 Pine Street Harrisburg, Pennsylvania 17108-1166 (717) 232-8000 Attorney for Plaintif.flR.espondent ;,;"3~...;:..",.;,,,.-1 ....'""''Ii .-.' ."-'lIlIIIIlIIiri' ,~ ~'" ,~ ~"""o~cl,,~~. IlI'1I ''-' ." tjL .~~ ~l ~ "",."". . C) ...., c = 0 = ~_.,~ CJ'O -, Cl -l rv1 I-n n rn-!." ," w ~g8 8rS -:G ;~~~ -,~. '- r;-;o oln /:: ~ __-1 ..,,: -( ,,) .' :::0 0' .< . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANET BOHLS, No. 2000-.895 Plaintiffi'Respondent IN DIVORCE vs. FRED BOHLS, DefendantJPetitioner PETITION FOR CIVIL CONTEMPT AND NOW, this ;, ~ day of September, 2005, comes DefendantJPetitioner, Fred Bohls, and files the following Petition for Civil Contempt and in support thereof avers as follows: I. The Petitioner is Fred Bohls, an adult indiviidual residing at 3519 Ada Drive, Mechanicsburg, Pennsylvania 17050. 2. The Respondent is Janet Bohls, an adult individual residing at 6601 Blue Oaks Boulevard, Apartment 3701, Rocklin, California 95765. 3. The parties were divorced on January 22, 2004, by Decree in Divorce by which the terms of the parties' Marital Settlement Agreement ("MSA") dated December 15, 2003 were attached and incorporated but not merged. Copies of said Decree and MSA are incorporated herein and attached hereto as Exhibit "A". 4. Paragraph 3.4 ofthe MSA provides: "Husband shall pay Wife the sum of Twenty-Five Thousand Dollars ($25,000.00) in full and final settlement of all claims. The parties acknowledge that Wife has received as of the: date of this Agreement the sum of Sixteen Thousand Dollars (16,000.00) from Husband. A judgment in the amount of Nine Thousand ($9,000.00) has been entered in favor of Wife against the property located at 3519 Ada Drive, Mechanicsburg, Cumberland County, Pennsylvania. Beginning January I, 2004, Husband shall pay to Wife the sum of Two Hundred Fifteen Dollars and Fifty-Two Cents ($215.52) per month due no later than the fifth (5th) of each month, which is inclusive of interest at a rate of seven (7%) percent annually. The balance of the payment of said Nine Thousand Dollars ($9,000.00) is due and payable no later than July 15, 2004." "Counsel shall exchange special warranty deeds to be held in escrow pending final resolution of this matter and final payment by Husband to Wife as provided above. " 5. Petitioner has met prerequisites of the MSA in order to have the property at 3519 Ada Drive transferred to him by Respondent in July of2004. 6. Petitioner and Petitioner's counsel have made attempts to have Respondent sign a deed transferring 3519 Ada Drive to Petitioner. 7. Respondent has refused to transfer 3519 Ada Drive to Petitioner. 8. Paragraph 6.11 of the MSA provides: "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 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 fees, in any action or proceeding to enforce the terms ofthis Agreement." 9. Petitioner has incurred and will continue: to incur costs due to Respondent's breach of the MSA. 10. Petitioner has incurred a year-to-date cost for insurance on 3519 Ada Drive in the amount of$508.00. II. Petitioner has incurred a year-to-date cost for taxes on 3519 Ada Drive in the amount of$2174.77. 12. Petitioner has incurred and continues to incur $807.4 per month III principal and interest on the mortgage of3519 Ada Drive. WHEREFORE, Petitioner requests that Respondent be held in contempt of court, be ordered to execute a deed transferring 3519 Ada Drive to P(~titioner, and be ordered to pay Petitioner's attorneys fees and court costs and to reimburse Petitioner for insurance costs, taxes, and principal and interest paid on the mortgage. Respectfully submitted, KNIGHT & ASSOCIATES, P.C. ean M. Shultz, Esquire Attorney J.D. No. 90946 II Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANET BOHLS, No. 2000-895 PlaintifflRespondent IN DNORCE vs. FRED BOHLS, Defendant/Petitioner CERTIFICATE OF SERVICE AND NOW, this Z!!!aay of September, 2005, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Petition for Civil Contempt by first class, United States Mail, postage pre-paid, addressed as follows: Janet Bohls 6601 Blue Oaks Boulevard, Apartment 3701 Rocklin, California 95765 Respectfully submitted, ean M. Shultz, EsqUIre Attorney ill No 90946 II Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Petitioner 1796-1.contempt,petition.wpd VERIFICATION I VERIFY that the statements set forth in the attached Petition for Contempt are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. ~ red Bohl, ;.";OON ~ F:\User Folder\Firm Docs\Fonns\Litigation\Verification.lleneric . . . . . . . . . . . . . . . . . . . . . . . . . . ,.it; ++++ ++ r.+ +.:+.i+ ++'ti+++"'''' ",,,,,. ......VYVVVV.....".........-..-- IN TH RT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF JANET BOHLS VERSUS FRED BOHLS . . . . PENNA. No. 2000-895 DECREE IN DIVORCE . . AND NOW, T;>nu;>~ '1 L) , ~i. IT IS ORDERED AND . . . . . . . .. DECREED THAT TAIJF:'1' ROHT.!,; , PLAINTIFF, AND FRED BOHLS , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOW:ING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '. . . . . . . . . . . . . . . . . The terms of the parties' Marital Settlement Agreement dated December 15, 2003 . . . . and attached hereto are incorporated herein but not merged herewith. . . . . . , AT.rE 3d! PROTHONOTARY . . , . . . . . . J. . F:\User FolderlFirm DocslGendocsZOO3\! 796.lmsa.wpd MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this 15th day of December, 2003, by and between FRED BaHLS, of Mechanicsburg, Cumberland County, Pennsylvania, (l}erein~fter referred to as "Husband") and JANET BaHLS, of Mechanicsburg, Cumberland County, Pennsylvania, (hereinafter referred to as "Wife.") WITNESSETH: WHEREAS, Husband and Wife were manied on June 7, 1981, in Appleton, Wisconsin; and WHEREAS, Husband and Wife have been living separate and apart from each other since July 25, 1998; WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six (6) months; and 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; 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; WHEREAS, there was one (1) child born of the maniage, namely, Ruth Ann Bohls, born October 1, 1982; and WHEREAS, it is the intention and purpose ofthis 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 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, after both have had full and ample opportunity to consult with their respective attorneys, and the Parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the Parties hereto in consideration oftht! mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: Page 1 of 8 ARTICLE I: SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall deem fit free from any control, restrain, or interference, direct or indirect, by each other. Neither Party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him other by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness ofthe causes leading to them living separate and apart. ARTICLE II: DNORCE 2.1 This Agreement is predicated on divorce. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawfuI and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute this Agreement. Husband and Wife each knowingly :md understandingly hereby waive any and all possible claims of 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 an she are and ever shall be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision ofthis Agreement relating to the equitable distribution of property ofthe Parties are accepted by each Party as a final settlement offor all purposes whatsoever. Should either of the Parties obtain a decree, judgment or order of separation or divorce in any other state, county, or jurisdiction, each of the Parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be effected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term ofthis Agreement, whether or not either or both of the Parties should remany, it being understood by and between the Parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce judgment or decree if or whenever sought by any of the Parties hereto. It is understood by the Parties that a divorce complaint has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania at docket number 2000-895. Such incorporation, however, shall not be regarded a merger, it being the intent of the Parties to permit this Agreement to survive any such judgment or decree. Page 2 of 8 ARTICLE ill: 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 Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the pllor marriages of the Parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and need for each of the Parties; the contribution of one Party to tbe education, training or increased earning power of the other Party; the opportunity of each Party for future acquisition of capital assets and income; the sources of income of both Parties, including, but not limited to medical, retirement, insurance or other benefits; the contribution of 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. 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 ofthe Parties. 3.3 The Parties shall retain sole and exclusive right, title and possession of all personal property currently in their possession. Except as provided for herein, Hu.sband shall make no claim whatsoever for any personal property in Wife's possession. Additionally, except as provided for herein, Wife shall make no claim whatsoever for any personal property in Husband's possession. Should it be necessary for either Party to execute any documents to convey title to any such personal property in the other Party's possession, they shall do so within thirty (30) days ofthe execution of this Agreement or within thirty (30) days of the request from the opposing Party. a. The parties have divided their personal property to their mutual satisfaction. 3.4 Husband shall pay Wife the sum ofTwenty-Five Thousand Dollars ($25,000.00) in full and final settlement of all claims. The parties acknowledge that Wife has received as of the date of this Agreement the sum of Sixteen Thousand Dollars (16,000.00) from Husband. A judgment in the amount of Nine Thousand ($9,000.00) has been entered in favor of Wife against the property located at 3519 Ada Drive, Mechanicsburg, Cumberland County, Pennsylvania. Beginning January 1,2004, Husband shall pay to Wife the sum of Two Hundred Fifteen Dollars and Fifty-Two Cents ($215.52) per month due no later than the fifth (5th) of each month, which is inclusive of interest at a rate of seven (7%) percent annually. The balance of the payment of said Nine Thousand Dollars ($9,000.00) is due and payable no later than July 15, 2004. Page 3 of 8 If Husband fails to pay the balance by July 15, 2004, Wife shall be granted exclusive possession of the home, and Husband shall move from the residence no later than 5:00 p.m. on July 16,2004. Wife shall then be granted sole authority to execute all documents necessary to effectuate the sale of the property including, but not limited to, any listing or sales agreements as well as the deed. Wife shall retain the first Nine Thousand Dollars ($9,000.00) of the sale proceeds, and Husband shall retain the balance. The issue of fees and costs is reserved should Husband default on the payment of the note and Wife shall have to incur fees and costs to enforce the Order of Court dated December 1,2003. Counsel shall exchange special warranty deeds to be held in escrow pending final resolution of this matter and final payment by Husband to Wife as provided above. 3.5 Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other Party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. ARTICLE N: RELEASE OF SUPPORT FOR HUSBAND AND WIFE 4.1 Except as provided in this Agreement, the Parties herein acknow ledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance, and support in the station of life in which they are accustomed. Except as provided herein, Husband and Wife do hereby waive, release and give up any rights they may respectively have against the other for alimony pendente lite, spousal support, or maintenance. 4.2 Husband and Wife specifically waive, release and give up any rights for alimony that they may be entitled to pursuant to Chapter 37 ofthe Pennsylvania Domestic Relations Code. ART~LEV: DEBTSOFTHEPARTlliS 5.1 Each Party represents to the other that except as otherwise specifically set forth herein, there are no major outstanding obligations of the Parties, that since the separation neither Party has contracted for any debts for which the other will be responsible and each Party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. The parties agree to indemnify and hold each other harmless from any and all loss or liability in connection with said marital debts, In the event either Party contracted for or incurred any debts since the date of separation, the Party who incurred said debt shall be responsible for the payment Page 4 of 8 thereofregardless of the name in which the account may have been charged. Husband and Wife acknowledge and agree that they have no outstanding debts or obligations ofthe Husband and Wife incurred prior to the signing of this Agreement. ARTICLE VI: MISCELLANEOUS PROVISIONS 6.1 t The Parties hereto have retained independent legal counselor have had the opportunity to do so and have voluntarily declined to retain counsel. The provisions ofthis Agreement and their legal effect have been fully explained to the Parties by their respective counselor the Parties have waived their right to have legal advice regarding the meaning and implication of this Agreement. The Parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Husband acknowledges that Debra Denison Cantor, Esquire, of Reager & Adler, P.c., represents Wife and has provided him with no advice, legal or otherwise, in this matter or with regard to this Agreement. Husband is represented by Michael J. Hanft, Esquire, of Hanft & Knight, P.C. 6.2 Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of the other, for all times to come and for all purposes whatsoever, of and from any and all legal right, title and interest, or claims in or against the property ofthe other or against the estate of the other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as byway of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth, or territory ofthe United States, or (c) any other country, or any rights which either Party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, source fees, costs or expenses, whether arising as a result of the marital relation or 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 now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Page 5 of 8 6.3 Each Party represents that since separation, they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate ofthe other Party may be responsible or liable, except as maybe provided for in this Agreement. Each Party agrees to indemnify and hold the other Party hannless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising outcofthis Agreement. Husband and Wife each warrant, covenant, represent and agree that each will/now and at all times hereafter, save hannless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided herein. 6.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both Parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.5 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of this Agreement. 6.6 This Agreement shall be binding and shall inure to the benefit ofthe Parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.7 This Agreement constitutes the entire understanding of the Pwties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.8 If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement, and in all other respl:cts, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any Party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the Parties. 6.9 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Domestic Relations Code of the Commonwealth of Pennsylvania. Page 6 of 8 6.10 The Parties warrant and represent that they have made full disclosure of all assets prior to the execution ofthis Agreement. Each Party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her personal property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each Party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or,maylllecome liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each further warrants, represents, and declares that each is and has been fully and completely informed of and is familiar with and is cognizant ofthe wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns (including supporting documentation) filed by or on behalf of either or both Parties during marriage. 6.11 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 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 fees, in any action or proceeding to enforce the terms ofthis Agreement. 6.12 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 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. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Page 7 of 8 ,. IN WITNESS WHEREOF, the Parties have set their hands and seals the day and year first above written. WITNESSED BY: Page 8 of 8 Fred ohls " Jan ~ r.J ("..' ",.,~ "'-' ~s ;;;.'" o ..." --{ :r:..." fl'r+:::' -.....tn "0 ') 1- . ',1 (~",'!, 'n-n l) ('"'5 -I"q ".,-~ "i:J :....;:: f,r.. i ~! "'I) I 0' -u ~. ---- (~y = \.0 - 5RECEIVED SEP 08 Z005 "y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANET BOHLS, No. 2000-895 Plaintiff/Respondent IN DIVORCE vs. FRED BOHLS, Defendant/Petitioner ORDER OF COURT AND now, this \ \ tt day of s( it . ' 2005, upon consideration of the within Petition a Rule is issued upon the Respondent to show cause why she should not be held in contempt of the court's decree of January 22, 2004, the particulars set out in the Petition. Rule returnable on the ;;~ tJA. day of /JffJY'. ' 2005, at ~'.3 d >10 II ~d &~ ~~ -+.m.) .u:U~ ~/f} I By the Court, , J. ~ ~ 09-IYG' I C' ? f 1 J Z I ,-"~ 1'''17 (" :>:.... (J ., C.:i0 JUl.... ^~:I\(UJi",j -:)}C:J 3Hl :10 3:=!l- f.' ::}-C)~l\:l IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JANET BOHLS, NO. 2000-895 Plaintiff/Respondent IN DIVORCE v. FRED BOHLS, Defendant/Petitioner ANSWER TO PETITION FOR CIVIL CONTEMPT AND NOW, comes Plaintiff/Respondent, Janet Bohls, by and through her counsel, McNees Wallace & Nurick LLC, and files the following Answer to Petition for Civil Contempt as follows: 1. Admitted. 2. Admitted. 3_ Admitted. 4. Admitted. 5. Admitted in part, denied in part. It is admitted that payment was ultimately made. However, Petitioner did not prepare and forward a deed for execution until December 2004. Counsel for Respondent had difficulty contacting Respondent. Respondent ultimately elected to represent herself and sought assurance that all liens and encumberances had been satisfied. 6. Admitted in part, denied in part. It is admitted that Petitioner's counsel made attempts to have respondent sign a Deed transferring 3519 Ada Drive to Respondent. Prior to executing the deed, Respondent requested that the parties share the cost of a bring-down/title search on the property to assure that there were no outstanding liens in her name prior to transfer. Petitioner, and Petitioner's counsel, failed to respond to said request. Therefore, Respondent retained counsel to prepare a bring-down which reflected an outstanding obligation which had to be cleared prior to the transfer of the Deed. Said obligation was utlimately removed and the deed executed. 7. Denied. Respondent did not refuse to transfer 3519 Ada Drive, and in fact, had executed the Deed prior to the filing of this Petition. Respondent did require a bring-down on the property to assure she had no further liens in her name. There was in fact one obligation which was not cleared. After removal of this obligation, the Deed was executed and forwarded to counsel. 8. Admitted in part, denied in part. The language in the Marital Settlement Agreement speaks for itself. It is denied that Respondent breached the agreement. 9. Denied. It is denied that Petitioner has incurred and will continue to incur costs due to Respondent's breach. It is also specifically denied that Respondent breached the Marital Settlement Agreement. Respondent transferred the Deed upon proof that there were no additional liens against the home. The need for this assurance was warranted given the prior deceitful and contemptuous behavior of Petitioner. 10. Denied. After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph, and, therefore, the averments are denied. By way of further answer, in no way is Respondent obligated for insurance costs on a home possessed solely by Petitioner since March 2000. 2 11. Denied. After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph, and, therefore, the averments are denied. By way of further answer, Respondent is in no way responsible for taxes on a property solely occupied by Petitioner since March 2000. 12. Denied. After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph, and, therefore, the averments are denied. By way of further answer, in no way is Respondent responsible for the cost of principle and interest on a mortgage held solely in Petitioner's name for property solely occupied by Petitioner since March 2000. WHEREFORE, Respondent requests this Honorable Court to deny Respondent's Petition for Civil Contempt. NEW MATTER 13. Paragraphs 1 through 12 of this Answer are incorporated herein by reference. 14. Respondent is a party to divorce in this matter, which was filed on February 15, 2000. 15. Petitioner's behavior in this case was vexacious, deceitful and in direct violation of the Rules of Civil Procedure and repeated Court Orders. During the course of this case, Respondent filed two separate motions to compel discovery, one in 2000 and one in 2001. Plaintiff also filed a Petition for Special Relief on April 12, 2001 due to Petitioner's failure to pay obligations related to the marital home which he has solely occupied since March 4, 2000. 3 16. A hearing on the Petition was scheduled before Judge Wesley Oler on September 13, 2001. 17. On September 13, 2001, the parties entered into a Stipulation which was read into the record and entered as an Order regarding the marital home. Pursuant to the terms of the Order, Husband had 7 months from the date of the Order to complete a refinance or assumption to remove Wife's name from all obligations. The refinance did not occur. 18. Therefore, on June 12, 2003, Respondent was forced to file a Motion to Enforce Court Order/Motion for Contempt requiring the sale of the marital home. Petitioner failed to file a response to this Motion and a Motion to Make Rule Absolute was filed on July 15, 2003. 19. On July 17, 2003 the Court entered an Order directing the parties to sell the real property at 3519 Ada Drive. Respondent made attempts to effect that Order, and failed to have any cooperation from Petitioner. 20. A Motion for Contempt was filed on September 26, 2003 for Petitioner's failure to further respond to the Order. 21. During the pendency of the proceedings, Petitioner was contacted by her mortgage company to indicate that the parties' mortgage had been paid in full and that another mortgage had been taken out on the property. Petitioner did not consent to this refinance nor did she provide the documentation necessary to perfect title for the mortgage company. 22. Respondent's counsel attempted to contact Petitioner's counsel on several occasions regarding these improprieties. When she was unable to obtain information 4 directly from Petitioner, she was forced to subpoena the mortgage company and the settlement package from Petitioner's counsel's office in order to determine exactly what occurred. It was discovered that Petitioner had re-financed the marital home into his own name, but had not obtained Respondent's signature on the Deed. Further, Petitioner had refinanced not sufficient funds to pay Respondent for her interest in the marital home, nor had Petitioner's counsel perfected title for the new mortgage company. 23. Ultimately, the parties appeared before Judge Wesley Oler, and an Order was entered on December 1, 2003 requiring Petitioner to pay Respondent for her interest in the home. This Order was incorporated into ,-r 3.4 of the parties' Marital Settlement Agreement. 24. Petitioner ultimately made all payments associated with this Agreement, and requested Respondent's execution on the Deed. 25. Given the multiple filings for Motions to Compel Discovery, Motions for Special Relief, Contempt Petitions, and Motions to Enforce Court Orders, and for the deception which occurred regarding the parties' marital home, it was reasonable for Respondent to require a bring-down on the property prior to execution of the Deed. When such request was met with resistance from Petitioner and Petitioner's counsel, Respondent promptly obtained a bring-down on her own behalf and executed the Deed upon proof that title and her credit were clear. 26. It should be further noted that Respondent's Petition for Civil Contempt and Order crossed in the mail with the executed Deed. 5 27. Respondent's counsel contacted Petitioner's counsel on repeated occasions requesting the withdrawal of the Petition for Civil Contempt, given that the underlying request had been met concurrently with the filing of the Petition. Petitioner would not agree to withdraw the Petition. 28. It is clear through the history of this case that Respondent incurred significant attorneys' fees and costs based on Petitioner's non-compliance with the Rules of Civil Procedure or with Court Orders. It is also clear that Petitioner and his counsel engaged in deceptive practices and deliberately concealed such actions from Respondent. Respondent sought to protect her interests by assuring that her credit and the title to the home were clear prior to executing the Deed, and as such should not be charged with contempt nor be responsible for any fees and costs associated with this matter. WHEREFORE, Petitioner requests this Honorable Court to dismiss the Petition for Civil Contempt. Respectfully submitted, By , a De Ison Cantor /, A orney I.D. No. 6637Jj 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff/Respondent, Janet Bohls Dated: November 15, 2005 6 'Nov 1305 10:25p p.2 VERIFICATION Subject to the penalties of 18 Pa. C.S.A. S 4904 relating \0 unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. ~'~~ Janet Bohls Dated: November 13,2005 CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served on the following individuals via United States First Class Mail, postage prepaid as follows: Sean M. Shultz, Esquire Knight & Associates, P.C. 11 Roadway Drive, Suite B Carlisle, PA 17013 Dated: November 15, 2005 " ", 0 C~:l r" (":.:.l .., .c_q -:j..... c> -- U1 -".1 ~ ~) r.....) :;J w .< JANET BOHLS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-895 Plaintiff/Respondent IN DIVORCE v. FRED BOHLS, Defendant/Petitioner PRAECIPE TO SUBSTITUTE VERIFICATION To the Prothonotary: Please substitute the attached original Verification for the faxed verification previously attached to the Answer to Petition for Civil Contempt filed in the above captioned matter on November 15, 2005. McNEES WALLACE & NURICK LLC By baD. ntor I. . 6378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 Attorneys for Plaintiff/Respondent, Janet Bohls Dated: November 17, 2005 VERIFICATION Subject to the penalties of 18 Pa. C.SA S 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. ( . Janet Bohls Dated: November /3 ,2005 CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served on the following individuals via United States First Class Mail, postage prepaid as follows: Sean M. Shultz, Esquire Knight & Associates, P.C. 11 Roadway Drive, Suite B Carlisle, PA 17013 Debra Denis ~ Dated: November 17, 2005 () -(1 ,-\ --( \-,"\ Cl r:? ~<., C:;,:; JANET BOHLS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW FRED BOHLS, Defendant NO. 00-0895 CIVIL TERM ORDER OF COURT AND NOW, this 21 st day of November, 2005, upon consideration of the attached letter from Sean M. Shultz, Esq., attorney for Defendant, the hearing previously scheduled for November 22, 2005 regarding Plaintiffs Motion for Contempt of Court is continued generally. Counsel are directed to notify the court if a hearing is requested or if a settlement is reached. BY THE COURT, Debra Denison Cantor, Esq. 2331 Market Street Camp Hill, PA 17011 Attorney for Plaintiff Sean M. Shultz, Esq. II Roadway Drive Suite B Carlisle,PA 17013 Attorney for Defendant /1-.13 D.f {]:. ,~ ~ ]tt, :rc c U I, 7":,1 Cv :' ii' ~Z JU'... 1r'\ :JU 1~/21/2005 14:33 71 72490457 KNIGHT & ASSOCIATES PAGE 02/02 KNIGHT & ASSOCIATES l?C. Attorneys at Law November 21,2005 The Honorable J. Wesley Oler, Jr. CUmberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 RB: Janel Bohls v. Fred Bahls (In Divorce) No. 2000-895 Our File No. 1796.1 Dear Judge Oler: I represent Fred Bahls in the above-referenced case. The parties have settled the matter_ Therefore, I am requesting a general continuance ofthe hearing sch~duled for November 22,2005, at 2 :30 p.m. Debra Dennison Cantor, Esquire, counsel for Respond~t, Janet Bohls, consents to my , request for a general continuance while we prepare the set1lement documents. Should you have any questions or wish to discuss this maudr further, please do not hesitate to contact my office. Very truly yours, SMS/dmh cc: Debra Dennison Cantor, Esquire Fred Bohls F:'U~r 11lllder\FiTm Dec;:l\GOllll'l'~OO~\ 1196.1jwlF=gl.,.-.",pd 11 R(mdwny D1'ive Suite B Co:.u-lisle-, PA 1701..3~8806 . 717.249..),>73 717.249.0457 fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANET BOHLS, No. 2000-895 Plaintiff/Respondent IN DIVORCE vs. FRED BOHLS, DefendantIPetitioner PRAECIPE TO THE PROTHONOTARY: Please mark the Petition for Civil Contempt filed by Defendant in the above-captioned matter on September 6,2005, settled and discontinued. 1~1'1! oS KNIGHT & ASSOCIATES, P.C. ~S~ Sean M. Shultz, EsqUIre Attorney ill No. 90946 II Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorney f9r Defendant! etitioner Debr /Canto squire Mc ee~ce & Nurick, LLC 100 Pine Street Harrisburg, Pennsylvania 17108-1166 (717) 232-8000 Attorney for Plaintiff/Respondent ;---.) C~