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HomeMy WebLinkAbout98-00609 '1 I I -l '.. \I ~ --s ;:J ~ ~ ;fo- a U -C ~ . :f ~ ~ , .1 , ., I'. :\ ~.!i /.,,".~l . . .~<" ..- . r \: .~ :---. . .:) . .. ~ .' Q-. C) ..J ~ I;)-. ~I ! I "*,'... .*'......~.: ,:.c. .lC>C'.....:c.'.:<<-. .....leI:. 'leI:' ~:. .:c. .:-=..:-=. .:-=.... .:<<.')(:.:4I:{>:.xX"O<>:tQo:;':~O:COl'W~XW<~ ~ @ ~ ., ~ IN THE COURT OF COMMON PLEAS ~ 8 OF CUMBERLAND COUNTY ~ ~ ~ ^ ~ ^ ~ ~ ~ ~ STATE OF 'q:::~~ PENNA. ~ M ~ ~ ~ ~ ~ ~ ..,....DJ~NE..,I'P~p.y...apCHHEJ'r...........,.,.,...,..... I ~ ~ ..,....,..............,......................,.....,...........,...,.....,.. II No. ....Q,Q,....c.;i..v.il................ 19 98 ~ ~ Versus I ~ ~ .,....;Tp.l:m...MClm.J3.ucnn.eit.. .............,............,. I ~ ~ ............................................ .......................... ~ ~ t M ~ ^ ~ ~ D E C R EEl N ,. M ~ ~ DIVORCE ~,~. ~ ., ~ AN D NOW, .. . .. .. .. .. .. . .. .. .. .. . .. .. .. 19....... it is ordered and $ ~ ~ .. decreed that.... .1:!~<;1!1.~ .J?!l.r.4Y. !3.l1c:l:t!1!'l.i,t..................... plaintiff, ~ ~ ~ ~ and ...John.MClIlI.B.l.lcbhdt.....................".......... defendant, ~ ~ ore divorced from the bonds of matrimony. ~ ~ ~ ~, ~ ~ The court retains jurisdiction of the following claims which hove ~; ~ been raised of record in this action for which 0 final order has not yet ~ . ~ ~ been entered; ::: ~ ~ ,,~ None ~ , ., ~...................... ... '.. .. . ... .... ........ .... ..... ... .... .... . "'i ~ ~ .:. ...... ...... ...... .......... .... ...... ... ... ...... .... .... ..... .., ......... ., .~ : ~ @ y ~ ^ 8 Dy The Court: ~ ~......,......,...................... .. .................... ......., ~ ~ AlIest: J. ~ ~ y ~ .. ... ...... ....... ~ ~ Prothonotary .' ~ " ~______..._____*'*'~'*'________'*'__J i..~"'~"*': '.....qc.: '.*,ccqc.: V:":'-X; .... ...: 'leo: .*,' -:w;. "lOC.,:.:..*,: '.:w;.' ":C-.':':.'.X>:C<>:>lDCl':'IlXX'liX,':C<X4Il-: >:C<l':'IlX=-~ ~ ' : IN THE COURT OF COMMON PLEAS ~ $ ~ ~ ~ $ ~ DIANE PURDY BUCHHEIT $ ......,..........,..,..,.. .......... ..... .................,......., II ~ II ~ II ~ ::::Jo~,~.~...1\~.~~..~~C.~~.EIT.. ........ ............. II ~ ~ ~ .', ~ 8 ~ " ~ ~ 8 ~ ~ M ~ ~ ~, ~ ~ ;.; ~ ~ e x ~; ~ ~ a ~ y p; ,; ~. ~ ~ ~ ~ ; ~ ~ ~ ~~Z?c.?!(/~,.,...........,...............,... ; ~:: AlIest: /' ...,1. L:> U. .0 -# -.L.. J. ~ <-Ut..-Ua. /'-' i?<~fI1l:1. /A~~f&---ra~ " t:7 ~ ~~ .1.. ~.. <.~> ~~oth~~~ia.~;;... ~ ~ " ~~-~------qc.----------~--____J OF CUMBERLAND COUNTY If- STATE OF . PENNA. ,~ ~ ~ ~ ~ ~ ~ N (), .....~.~.~....c::.l:yI~............... 1998 ~ ~ r-; 8 ~ ~ ~; is! f ~ ;;; ~ ~ " ~ ~ I:i ~ Vel'slts DECREE IN DIVORCE AND NOW, ........... MI(~. " .f,,:, " 19.71'..., it is ordered and decreed that .... ~.I.~~~. .\~~~:: . ~~~.~~~~:. . . . . . . .. .. . .. . .. . .. .. plaintiff, and.. ..:r9!lF'l. .J}.I?N! ,~~~.I-!I1I?~.~ .. ..... . .... ............ ,......., defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; None .................... ............ .....,. ... .....0 .0.. ......................, .............. ...... ...... ............ .... ,. .... .... ..... /1.141 6J. t(}f? M.i.Jb-Z 1 ~ /I. q.q( ~t0 f,H~'~ -/p c4f . ,!. DIANE PURDY BUCHHEIT, Plaintiff IN llIE COURT OF CCMo1ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 609 CIVIL 1!B8 vs. JOHN ADAM BUCHHEIT, Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301 (c) ~X~XXxWXlt>>~~~~. (Strike out inapplicable section) 2. Date and manner of service of the canplaint: 7/fi/'lR V;" <'!",rHf';prJ m;o;l, restricted delivery 3. Complete either Paragraph A. or 8. A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the plaintiff 10/14/98 by the defendant 10/14/98 B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: Nnnp 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(l)(i) of the Divorce Code Both parties executed waivers of the notice dated October 14, 1998 and filed October 19, 1998. k,~, -;$& Attorney for Plaintiff/Defendant () \0 0 C' C<l -n :;:-" 0 :,:J ,,16~ <, nllr; -I ;t'i::j] z:-n ,:,!hi :;:.::.T ~~!~~:' 'D 'Js:' r;.;\_:~ -u jtl ~~;r:.... ;':!l ~ ~=!o ;"~';~.2 ~ 61T1 ,.. t. ~ -I '<- -~ 1") ?ri '3 .....: -< P 433 748 335 US poslal SelVlco Receipt for Certified Mall No Insuranco Coverege Provided, 00 not usa for Intomallonnl Mall See reverse Sent 10 . John BuchheJ.t S1~'i&ttl'tt"een Ave. P'l1h~lb1. ~o~o, ~'p' c'17 0 2 5 Poslogo $ 3.:>.. .-" -.-- ~ ~':Ol"ed fo. ~- lAi'lF' '. , J ~-- SpedioiJ,..yFe;"-~ I. , R~'o.i"'l'/f"!\ ;;l, ;J ,- on ' '" Rolum I.lI/IO 10 ..X) I ~ 'I.'Mm &O&liwred I ,,), /. I " '2 Ae!.tI>l\~5h<M1l"\\lan / I ~ O'Io,&'Iclh......Mdf...---- :-1 g TOTALP~4:FJ~. ~$' .f':n- CIO ! POSlm'~ or Dol. 1 .~ ~---~---_.~._-..__._--- I I ------_._---------_.__.."'--_..--._--...."'''''"..,..~.,..!! 5. Received By: (Print Name) =:I:"; :;/-J ,4, '3 <.Ie::.. '.h.IEI !; 6. Slgnalure: (Addressee or Agent) ~'X be?..-::'? .!! PS Fo 811, Cecember 1994 I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Addross 2.~ Restricted Cellvel}' Consult poslmaster for fee. 40. Article Number P 433 748 335 4b. Service Type o Registered o Express Mall o Relurn Receipt for Merd1nndlse 7. Cole of cellv'!!Y 0 rY ;;(-/;.J-- 15 8. Addressee's Address (Only II requosted and I.els paid) lP Certified o Insured o COC I , I I lit ~: al -, 2: II: I ~. 0' -. :s' 0' >0' r '" D '0 ;; D e ill e D 5 c o 'll 3. Article Addressod to: it John Buchheit lj 51 Queen Ave. u Eno1a, PA 17025 SE DER: _Complete IIeml1 aneVor 2 lor additional IONIc _Complete 118m3. 4a, and 4b. .Print yoUl name and address on the reverie of . form 10 thai we can relumlNa cord to you. _Attach this form 10 lhe front 01 the mallp1ece, or on tho back Uspace doe, not permit. -Writs.Retum R9CSlpr RsqU8.'.CJ- on the mallplace below the artlde number. -The Relum Receipt win show to whom the artlc:le Wit daUvered and the dale delivered. Certified-Restricted Delivery - Domestic Return Receipt 'to.-' '-' ...... ~...,., 1 ) } J ~"""',_)o .- () _.0 0 C OJ ~.. -n "TJb.~ 0 ::;J n rn,:", .-j "':n ~~ ::~ .1Ij=- .<.~ --:,r-n ~~.:;: 'D ,Is:' ~:_1 ( , r:: L~j ~ -, - 0~; :~1::B ~2p r- i'; n ;:=. --J N -~ ::0 -- r::> -< ( ( ( ~ ,.... r. {,'. ! , (: () cO 0 C CoO 'n ?~~ 0 1"'11 ~JG.~ n tT , rr^~ -I n1-- :-~:1:i ."hi ~;'C ":19 (P.~: t.O r;e-i ~Jt:' -0 .'j-!-'4 ~:~} - -, :.:!: r':)-:"", _..~ ) ~ on -I 3. N :ii -<; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE PURDY BUCHHEIT, Plaintiff CIVIL ACTION - DIVORCE v. No. 98- 609 JOHN ADAM BUCHHEIT, Defendant AFFIDAVIT OF CONSENT 3,1998. 1. A com plain t in divorce under ~ 3301 (c) of the Divorce Code was filed on February 2. The marriage of plain tiff and defendan t is irretrievably broken and ninety days have elapsed from date of the filing the Com plain t. 3. I consent to the en try of a final decree of divorce after service ofin tention to request entry of the decree. I verilY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. Date: 1O/1/1(/1l1 y~. 8~i / John Adam Bucli eit () <0 0 c: CO ~n :--:" Cl '1J -oc:: " rlliQ (!'II'n --l .......::T:1 TIfT' 7r:;" '.0 -Us:' C.i;lt..:'.: ~~C) _.~;'.> r:-;CJ :;; :I:=R ;~~C'I C)- ~.o -....(-. ",'.~,.n :PC .. Q. :3. N ~ -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE PURDY BUCHHEIT, Plaintiff CIVIL ACTION - DIVORCE v. No. 98- 609 JOHN ADAM BUCHHEIT, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY DIVORCE DECREE UNDER ~ 3301(c) UF THE DIVORCE CODE ] .1 consent to the entry ofa final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyers' 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 of the decree will be sent to me immediately after it is filed with the prothonotary. I verilY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of ] 8 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. Date: /1). !.:J.t/ f6 '. /, ~ t'2. 3~ / John Adam Buc he it (") ..n 0 C~ :D -" ;co.... :::'> ,-J -rJc. " ;i-j:TI O.J!.:.; -I .,..hi 1'- _^ I ~-l- ::nO fi~:h: \D U(L) -- :.~:;~ ~.~ '~.i .~J -.", .~ :~?(-; ,':, C) r:- iSrr1 ,;~{:: =..-1 :"=J N 55 -'. -< , u jl: '. ;.. I, ' ,.. A. I' .:-- - ._~..... - - ... ~.~..~,~,...:.::.;,~- ~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE PURDY BUCHHEIT, Plaintiff CIVIL ACTION - DIVORCE v. No. 98-609 JOHN ADAM BUCHHEIT, Defendant AGREEMENT MADE by and between DIANE PURDY BUCHHEIT (hereinafter referred to as "Wife"), party of the first part, and JOHN ADAM BUCHHEIT (hereinafter referred to as "Husband"), party of the second part. WITNESSETH WHEREAS, the parties hereto are Husband and Wife, having been married on November 16, 1991;and WHEREAS, the parties have resolved that it is impossible to continue the marital relationship between them for reasons known to them, and; WHEREAS Wife has commenced an action in Divorce entered to No. 98-609 in the Court of Common Pleas of Cumberland County, Pennsylvania; and WHEREAS the parties desire to settle their property rights, and other rights and obligations arising out of their marital relationship; and WHEREAS Husband and Wife have made a complete and full disclosure to each other of all assets that they had either individually or jointly with each other, or with other parties, and both acknowledge that they have each had an opportunity to discuss the disclosure of same with an attorney of his or her choice; and 1 WHEREAS, both Husband and Wife have had the opportunity, independently of each other, to consult an attorney of his or her choice to have explained fully and completely his or her legal rights and obligations under the Divorce Code and the legal effect of the provisions of this Agreement. WHEREAS, both Husband and Wife fully understand all of the terms, conditions, and provisions of this Agreement and believe it to be fair, just, adequate, and reasonable as to each of them, and, voluntarily accept such terms, conditions and provisions. NOW THEREFORE, in consideration of the mutual covenants herein contained. and other good and valuable consideration, the parties hereto, intending to be legally bound hereby, agree as follows: I. The parties may and shall continue at all times to live separate and apart from each other, free from interference or control by the other, as fully as ifhe or she were single and unmarried. Each may hereafter reside at such place any where in the world and engage in any employment, occupation, business or trade, which either may deem fit, free from any interference or control, direct or indirect, by the other in all respects as ifhe or she were single and unmarried. 2. Husband shall pay the balance of$19.95 remaining due and owing on the parties joint Visa credit eard, and shall hold Wife safe and harmless from any liability thereon. Each party agrees that any debt incurred in the past or during their marriage shall be assumed by the individual incurring such debt and that such debt shall be fully paid by the one assuming said debt, and that he or she will hold the other party safe and harmless from any liability thereon. Except as herein provided in this paragraph 2, each of the parties hereto covenants and agrees that he or she has not in the past and will not at any time in the future incur or contract any debt, charge or liability whatsoever for which the other party, his or her legal representatives, or his or her property or estate may become liable; and each of them further covenants at all times to keep the other free, harmless and indemnified of and from all debts, charges and liabilities hereafter contracted by each of them, 2 .". 3. The parties hereto agree that the vehicles that they have acquired will be divided as follows: A. The 1993 Ford Explorer shall be the sole and separate property of Wife. B. The 1988 Pontiac Trans-Am and the 1995 Jeep shall be the sole and separate property of Husband. Both Husband and Wife agree that each one of them shall be solely responsible for payment of the remaining balance due, if any, on any loan for the purchase of their respective automobiles or motorcycles as indieated above, and that they shall hold each other safe and harmless from any liability thereon. Both Husband and Wife agree that each one of them will be solely responsible for maintaining and paying for their own automobile insurance. Each agrees that he or she will upon the request of the other sign any title or other paper necessary to effectuate the transfer of title to any vehicle that has not been transferred to the other. 4. The parties hereto agree that they have divided the remaining personal property acquired during the marriage to their mutual satisfaction, and those items in the possession of each shall be his or her sole and separate property. The parties hereto agree that each has his or her personal property acquired prior to their marriage, in his or her possession, and that said personal property is the sole and separate property of each. 5. The parties hereto agree that Wife's one-half interest in a condominium loeated at 640-15 Geneva Drive, Mechanicsburg, Cumberland County, Pennsylvania, more particularly described in Cumberland County Record Book , page ,shall be the sole and separate property of Wife, in consideration of Wife's agreement to release and discharge completely and forever any and all rights of alimony, alimony pellt/ellte lite, counsel fees, pension or retirement benefits, life insurance, and annuities. Husband and Wife agree that Husband will execute the necessary documents to effectuate the transferofsaid property at the time of said transfer. ., 3 <"' 6. A modification or waiverofany of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, 7. Ifeither party defaults in the due performance ofthe terms, conditions and covenants of this Agreement on his or her part to be performed, the nondefaulting party shall have the right to sue for specific performance or damages for the breach of this Agreement, and the defaulting party shall pay the reasonabltllegal fees for any services rendered by the nundefhulting party's att01'llcy in uny action or proceeding to compel the other party's due performance hereunder. 8. Each party has had the opportunity to consult separate legal counsel relative to this Agreement; if counsel has been consulted, counsel for the respective parties has explained said Agreement to each party; each party fully understands all of the terms herein set forth; all of said terms represent and constitute the entire understanding between the parties; each party has read this Agreement and finds the same to be in accordance with his or her understanding. Each party does hereby voluntarily execute this Agreement and affixes his or her signature hereto in the presence of witnesses below. 9. Except as otherwise provided for herein, each party hereby releases and discharges completely and forever the other from any and all rights of alimony, alimony pelldelltelite, counsel fees, division of property including pension or retirement benefits,life insurance, annuities, right of dower and curtsy, right to act as administrator or executor on the estate of the other, right of distributive share in the estate of the other, right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of said marriage relationship, or otherwise, and whether the same are conferred by the statutory law or by the common law of the Commonwealth of Pennsylvania, or any other state, or the common law of the United States of America. It is the understanding between the parties that this Agreement, except as otherwise provided herein, forever and completely adjusts, settles and disposes of, and completely terminates, any and all rights, claims, privileges and benefits that each now has, or each 4 r )\J, ,." l,~t . ..~. ..".~_._- "', I I " () ...0 0 ,; co .).. ~Jl'\J ":) :::l " ;.;; :!l i.ll{~ -I ;;'::':.; , r , oqlTI f;: ~.;. '0 "116 ~: 'J r:::~f ,,_jf._ .,.., "il " c.,~t") :~; c-., r:- t5(n ...... (c~: .. ;~ /..: ." :<! (=> ~ ". '- " .--;. -' ..:.~: IN TIlE COURT or COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE PURDY BUCHHEIT, Plaintiff CIVIL ACTION - DIVORCE v. No,9Y>- 1..09 CL~J '/UAtV JOt-IN ADAM BUCHHEIT, Defendant COUNT I COMPLAINT UNDER ~~ 3301(c) OR (d) OF THE DIVORCE CODE I. Plaintiff is Diane Purdy Buchheit with a current residential address of 640-15 Geneva DriVll, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2, Defendant is John Adam Buchheit with a last known residential address of 51 Queen A venue, Enola, Cumberland County, Pennsylvania 17025. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4, The Plaintiff and Defendant were married on November 16, 1991 at Mechanicsburg, Cumberland County, Pennsylvania, 5. There have been no prior actions of divorce or for annulment between the parties. 6, The marriage is irretrievably broken. 7. Plaintiffhas been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseli;Jg. 8, Plaintiff requests the court to enter a decree ofdivorce. WH EREFORE. Plaintiff requests this Honorable Court to enter a decree of divorce, , .. ;~. ,t ,~-..-: ." "'. , , ',0" "~~', >1; ". ',,!;,: . iJ::\ ,"f( ,~'e~ '1~ {~ '~ "'1 , )~~ q!;) IW: I 'I', I ~! I ; ~ !I ~ ':r . .\' , . : I..' f! " "1' .\ ~". T · CORRECTION , ./ Previous Image Refilmed to Correct Possible Error