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HomeMy WebLinkAbout03-1229DEBORAH A. BUCHER, Plaintiff, RODNEY D. BUCHER, JR. Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003 - /.~ ~ q CIVIL TERM IN DIVORCE NOTICE 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. 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, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland 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 thc scheduled conference or hearing. DEBORAH A. BUCHER, Plaintiff, RODNEY D. BUCHER, JR. Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2003 - /,~ o~9 CIVIL TERM : : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301(C) AND (D) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Deborah A. Bucher, by and through her attorneys, Irwin, MeKnight & Hughes, and files this Complaint in Divorce against the Defendant, Rodney D. Bueher, Jr., representing as follows: 1. The Plaintiff is Deborah A. Bucher, an adult individual residing at 1240 Pine Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Rodney D. Bucher, Jr., an adult individual currently residing at 1100 A-3 Yverdon Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The Plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on August 24, 1996 in New Kingston, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties. Date: March /~,2003 Respectfully submitted, IRWIN, MeKNIGHT & HUGHES Rebecca R. Hughes, Esq~e Attorney for Plaintiff 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I. D. No. 67212 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. DEBORAH A. BUCHER Date: lqarch 19 ,2003 DEBORAH A. BUCHER, Plaintiff Vo RODNEY D. BUCHER, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CML ACTION - LAW : 2003 - 1229 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : NOW, Rebecca R. Hughes, Esquire, being duly swom according to law, does depose and state: 1. That she is a competent adult and attorney for the Plaintiff in the captioned action. That a certified copy of the Complaint was served upon the Defendant Rodney D. Bucher, Jr. on April 16, 2003 by certified mail, return receipt requested, addressed to 1100 A-3 Yverdon Drive, Camp Hill, Pennsylvania 17011, with return receipt number 7001 2510 0009 2828 3671. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. IRWIN, McKNIGHT & HUGHES Date: Rebecca R. Hughes, Es~luirq~ Supreme Court Id # 67212 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Plaintiff Deborah A. Bucher m =~1 Postage ru r"lJ Certified Fee Return Receipt Fee 13- (Endorsement Required) r-~ I~ndorsement Require~ r"~ Total Postage & Fees dn~y D. t-~ Bucher Jr. Postmark Here °r~/~bO~. A-3 Yverdon Drive -~,'y£~;-~/~- ........................................................................ · Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailplece, or on the front If space permits. 1. Adic~ Addmased to: Rodney D. Bucher,. Jr. 7, A-3 YverdonDrive . H111, PA 17011 2. ,~ticle Number 7001 If YES, enter daiiv~ . 3. Sen/ice Type r~'certtfled Mail [] Express Mail In~umd Mall [] C.O.D. estricted_Delivery? (Extra ~ r'~'Yes 2510 0009 2828 367~ ~ PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1035 4 DEBORAH A. BUCHER, Plaintiff/Petitioner RODNEY D. BUCHER, JR., Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2003-1229' CIVIL TERM IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, this 2nd day of February 2004, comes the Plaintiff/Petitioner, Deborah A. Bucher, by her attorneys, Irwin & McKnight, and makes the following Petition for Special Relief against the Defendant/Respondent, Rodney D. Bucher, Jr.: 1. The Petitioner is Deborah A. Bucher, an adult individual who resides at 1240 Pine Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is Rodney D. Bucher, Jr., an adult individual who resides at 753 Collegeville Road, #1, Collegeville, Pennsylvania 19426. 3. The parties are the owners of real estate situate at 1240 Pine Road, Carlisle, Cumberland County, Pennsylvania 17013. 4. The property is subject to a mortgage with Waypoint Bank. The mortgage is paid to date but the Petitioner cannot afford to continue to reside at the property. The Petitioner has requested that the Respondent sign the deed in order to sell said real estate. 2 The Petitioner agrees to place the proceeds of the sale of the real estate in escrow until the parties are able to resolve the equitable distribution. 6. The Respondent has left the area and has not been responsive to the Petitioner or to his own legal counsel. 7. The Petitioner owns a 1999 Mercury automobile titled in both names with a Ford Credit loan. The automobile is no longer operable. The Respondent needs to sign the title in order for the Petitioner to refinance the loan in her name. WHEREFORE, the Petitioner, Deborah A. Bucher, seeks a role to show cause why the Respondent should not be required to sign the deed to the marital real estate as well as sign the title to the 1999 Mercury automobile and why he should not be required to pay legal fees incurred by the Petitioner to pursue this action. By: Respectfully submitted, IRWIN & McKNIGHT Marcus{/{. McKn~ight, III, Esquire Attorney tbr Petitioner 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 717-249-2353 Supreme Court I.D. No: 25476 Date: February 2, 2004 VERIFICATION The foregoing Petition for Special Relief is based upon !information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DEBORAH A. BUCHER Date: February 2, 2004 5 DEBORAH A. BUCHER, Plaintiff/Petitioner RODNEY D. BUCHER, JR., Defendant/Respondent IN THE COURT OF COMMON PLEAS OF _. : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2003-1229 CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE I, Marcus A. McKnight, I~, Esquire, hereby certify that a copy of attached Petition for Special Relief was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Elizabeth B. Stone, Esq. 414 Bridge Street New Cumberland, PA 17070 Rodney D. Bucher, Jr. 753 Collegeville Road, #1 Collegeville, PA 19426 Date: February 3, 2004 By: IRWIN & McKNIGHT/~ ~larcus ~. McKnig~t, III,~ire 60 West Pomfret Street:----'~ Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. '.25476 6 DEBORAH A. BUCHER, Plaintiff/Petitioner RODNEY D. BUCHER, JR., Defendant/Respondent 4 2OO4 : IN THE COURT OF COMMON PLEAS OF _. : CUMBERLAND COUNTY, PENNSYLVANIA _. CIVIL ACTION - LAW : 2003-1229 CIVIL TERM 1N DIVORCE ORDER OF COURT AND NOW, this_~ day of ~"~ r~,,7,2004, upon consideration of the attached Petition for Special Relief, a hearing is hereby scheduled for 7~d'~,o~t / 7vf)ff,/td~/O~/ 2004, in Courtroom No. / , at /tO "at~ o'clock c~_.m., Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. Judge : IN THE COURT OF COMMON PLEAS OF DEBORAH A. BUCHER, Plaintiff RODNEY D. BUCHER, JR., Defendant : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003 - 1229 CIVIL TERM IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. RODI~/D. BUCHER, JR. ~ Defendant DEBORAH A. BUCHER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, V. RODNEY D. BUCHER, JR., Defendant. : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003 --1229 CIVIL TERM IN DIVORCE PETITION FOR ECONOMIC REIJF, F AND NOW, this I lth day of March 2004, comes the Petitioner, Deborah A. Bucher, by her attorneys, IRWIN & McKNIGHT, and makes the following Petition for Economic Relief against the Respondent, Rodney D. Bucher, Jr., as follows: The Petitioner is Deborah A. Bucher who is the Plaintiff in a divorce action filed at in Cumberland County, Pennsylvania. Her address is 1240 Pine Road, Carlisle, Cumberland County, Pennsylvania 17013. The Respondent is Rodney A. Bucher, Jr. who is the Defendant this divorce action. His address is 753 Collegeville Road, #1, Collegeville, Pennsylvania 19426. 3. The petitioner seeks the following relief from the Court: a. Equitable distribution of the marital assets; b. Alimony pendente lite; c. Alimony; d. Costs and expenses; and e. Counsel fees. WHEREFORE, the Petitioner, Deborah A. Bucher, requests the relief set forth above. Respectfully submitted, IRWIN & McKNIGHT 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 Supreme Court I.D. No: 25476 Attorney for the Plaintiff/Petitioner, Deborah A. Bucher Date: March 11, 2004 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworu falsification to authorities. DEBORAH A. BUCHER Date: March 11, 2004 : IN THE COURT OF COMMON PLEAS OF DEBORAH A. BUCHER, Plaintiff, RODNEY D. BUCHER, JR., Defendant. : CUMBERLAND COUNTY, PENNSYLVANIA ; CIVIL ACTION - LAW 2003 -.1229 CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE_ I, Marcus A. McKnight, Ill, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Rodney A. Bucher, Jr. 753 Collegeville Road, gl Collegeville, PA 19426 By: 60 Wes't Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: March 11, 2004 4 DEBORAH A. BUCHER, : Plaintiff : : RODNEY D. BUCHER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1229 CIVIL TERM ORDER OF COURT AND NOW, this 12th day of March, 2004, upon notification by Plaimiff's counsel that Respondent has met the required conditions with respect to the Petition for Special Relief filed on February 2, 2004, the hearing scheduled for March 15, 2004, is cancelled. BY THE COURT, ~t~arcus A. McKnight, III, Esq. Attorney for Plaintiff ~Rodney D. Bucher, Jr. Defendant, Pro Se DEBORAH A. BUCHER, Plaintiff RODNEY D. BUCHER, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. CIVIL ACTION - LAW 2003 - 1229 CIVIL TERM : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 19, 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: Defendant DEBORAH A. BUCHER, Plaintiff RODNEY D. BUCHER, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW 2003 - 1229 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DEBORAH A. BUCHER, Plaintiff RODNEY D. BUCHER, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW 2003 - 1229 CIVIL TERM : IN DIVORC. E PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 19, 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true mad correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: DEBORAH A. BUCHER Plaintiff DEBORAH A. BUCHER, Plaintiff V. RODNEY D. BUCHER, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. CIVIL ACTION - LAW 2003 - 1229 CIVIL TERM _. IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST .ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. ~ ' ~,ectlon 4904 relating to unswom falsification to authorities. Date: APRIL 22, 2004 DEBORAH A. BUCHER Plaintiff MARRIA GE SE TTLEMENT AGREEMENT THIS AGREEMENT made this /t~g~'d~y of__~~,'" 2004, by and between DEBORAH A. BUCHER, (hereinafter referred to as "WIFI~')'"' ~'and"RODNEY D. BUCHER, Jr., (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on August 24, 1996; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties, and the parties hereto are desirous of settling fully and finally their respective financial and property fights and obligations as between each other, including, but not limited to the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, the settling of all claims and possible claims by one against the other or against their respective estates, and the equitable distribution of property and alimony for each party. The parties hereto agree and covenant as follows: It is the intent and purpose of this Agreement to set forth the respective fights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and fight standard, with due regard to the fights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective fights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. The consideration for this contract and agreement is the mutual benefit 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. Each party to the Agreement acknowledges and declares that he or she, respectively: (1) Is represented by counsel of his or her own choosing, or if not represented by counsel, understands that he or she has the right to counsel: WIFE is represented by Marcus A. McKnight, III, Esquire, of Irwin & McKnight; HUSBAND chooses not to retain counsel, but understands he has the right to do so prior to the signing of this Agreement; (2) Is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) Is entering into this Agreement voluntarily after receiving the advice of counsel or after choosing not to consult an attorney; 2 (4) Has given careful and mature thought to the making of this Agreement; (5) Has carefully read each provision of this Agreement; and (6) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect of each provision. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divome Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each party. 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 a part of the marital estate. It is the further purPose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. ]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 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 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 Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 7. REAL ESTATE: The marital property located at 1240 pine Road, Carlisle, Cumberland County, Pennsylvania 17013 is mortgaged in the WIFE's name only and the Deed is in only the WIFE's name. HUSBAND agrees to transfer all right, title and interest which he may have in the marital property located at 1240 Pine Rd., Carlisle, Cumberland County, Pennsylvania, 17013 and any improvements thereon to WIFE and releases all claims which he may have regarding said real estate in accordance with this paragraph. WII~; agrees to pay any outstanding payments on any mortgages on said property, as well as all re;xl estate taxes, insurance, and any maintenance and repair costs, and hold HUSBAND harmless from any obligations on said payments and indemnify him if any claim is made against him. HUSBAND hereby agrees to execute a Deed conveying his interest ~n the property to WII~'E simultaneous to the signing of this Agreement. 8. PERSONAL PROPERTY: The parties agree that the remaining personal property has been divided to the parties' mutual satisfaction. WIFE hereby waives all right, title and interest which she may have in any personal property of the HUSBAN'D. HUSBAND likewise waives any fight, title and interest which he has in the personal property of WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereai~er belong to HUSBAND or WIFE with full power to HUSBAND or WIFE to dispose of the same as fully and effec, tually, in all respects and for all purposes as if he or she were unmarried. AUTOMOBILES: WIFE hereby waives all right, title and interest in any vehicle or motorcycle that HUSBAND currently owns or may own in the furore, and agrees to xecute all documents necessary to transfer title of any jointly titled vehicles that HUSBAND may own within thirty (30) days of this Agreement. HUSBAND shall hold WIFE harmless for any and all liability associated with the use and purchase of any vehicle he may own, and shall be solely responsible for all insurance and other financial responsibi][ity associated with said vehicle. HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or may own in the future. HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or may own in the future, and agrees to execute all documents necessary to transfer title of any jointly titled vehicles that WIFE may own within thirty (30) days of this Agreement. WIFE shall hold HUSBAND harmless for any and all liability associated with the use and purchase of any vehicle she may own, and shall be solely responsible fo~ all insurance and other financial responsibility associated with said vehicle. 10. MARITAL DEBTS: It is further mutually agreed by and between the parties that WIFE shall assume all liability for and pay and indemnify the HUSBAND against all debts incurred by WIFE after the date of separation. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability £ur which HUSBAND or his estate might be responsible and WIFE fresher represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and hold HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. HUSBAND will be solely responsible for the credit card debt and will hold WIFE harmless thereon. WIFE will be solely responsible for her automobile loan and will hold HUSBAND harmless thereon. HUSBAND shall assume all liability for and pay and inde~xmify the WIFE against all debts incurred by HUSBAND after the date of separation. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be, responsible. HUSBAND shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 11. .INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. 12. BENEFITS, STOCK AND BANK ACCOUNTS WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of HUSBAND and likewise HUSBAND agrees to waive all right, title and interest in the Vanguard Account which the WIFE set up prior to the marriage and is in her name only. 13. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. Each party will be responsible for their own attorney fees. 14. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 15. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force ~md effect to the provisions of this Agreement. 16. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, are fully understood by both parties, and each party acknowledges that the Agreement is fiiir and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies or any other remedies provided by law c~r statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony; alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 17. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. APPLICABLE LAW: Commonwealth of Pennsylvania. 18. This Agreement shall be construed under the Laws of the 19. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 20. WAIVER OF CLAIMS AGAINST ESTATE~: Except as herein otherwise provided, each party may dispose of his or her prOPerty in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. IN WITNESS WHEREOF, the pardes hereunto have set their hands and seals the day and year first above written. WITNESSES: . , "/--z~'? ;:~ (SEAL) RODNE~Y'D. BUCHER, COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : 2004, a Notary Public, in and for thc Commonwealth of Pennsylvania and Cou~nty of Cumberland, DEBORAH A. BUCHER, known to me (or satisfactorily proven) to bc the person whose name is subscribed to the within Marriage Settlement Agreernent, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND . PERSONALLY APPEARED BEFORE ME, this /(~ ~ day of 2004, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, RODNEY D. BUCHER, JR., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ' NOTARIAL SEAL Ruth Lublin, Notary Public Lower Mnrlon Twp., Montgomery County My commission expires September 10, 200q 10 DEBORAH A. VS. RODNEY D. BUCHER, : Plaintiff : BUCHER, JR., : Defendant : THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 1229 CIVIL IN DIVORCE ORDER OF COURT 2004, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated February 19, 2004, vacated and counsel can to the Court requesting a final decree the appointment of the Master is file a praecipe transmitting the record in divorce. BY THE COURT, CC: Marcus A. McKnight, III Attorney for Plaintiff ~odney D. Bucher, Defendant q MARRIA GE SE TTLEMENT A GI EEMENT THIS AGREEMENT made this /~ d~ay of_~t~(~, 2004, by and between DEBORAH A. BUCHER, (hercina~er referred to as "WIFE" arlff RODNEY D. BUCHER, Jr., (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully manfed on August 24, 1996; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the paff~es, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, but not limited to the settling of all matters between them relating' to the ownership and equitable distribution of real and personal property, the settling of all claims and possible claims by one against the other or against their respective estates, and the equitable distribution of property and alimony for each party. The parties hereto agree and covenant as follows: It is the intent and purpose of this Agreement to set forfih the respective rights and duties of the parties while they continue to live apart fi.om each other. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any prope,xty now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit 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. Each party to the Agreement acknowledges and declares that he or respectively: she, (1) Is represented by counsel of his or her own choosing, or if not represented by counsel, understands that he or she has the right to counsel: WIFE is represented by Marcus A. McKnight, III, Esquire, of Irwin & McKnight; HUSBAND chooses not to retain counsel, but understands he has the :fight to do so prior to the signing of this Agreement; (2) Is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) Is entering into this Agreement voluntarily after receiving the advice of counsel or after choosing not to consult an attorney; 2 (4) Has given careful and mature thought to the raaking of this Agreement; (5) Has carefully read each provision of this Agreement; and (6) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect of each provision. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each party. The division of existing Marital Property is not intended by the parties to constitute irt 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 a part of the marital estate. It is the further purpose of this Agreement to settle forew:r and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has mantle a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which arty 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 may become liable. Each further represents and warrants that he or she has not made any girls or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 7. REAL ESTATE: The marital property located at 1240 pine Road, Carlisle, Cumberland County, Pennsylvania 17013 is mortgaged in the WIFE's name only and the Deed is in only the WIFE's name. HUSBAND agrees to txansfer all fight, title and interest which he may have in the marital property located at 1240 Pine Rd., Carlisle, Cumberland County, Pennsylvania, 17013 and any improvements thereon to WIFE and releases all claims which he may have regarding said real estate in accordance with this paragraph. WIFE agrees to pay any outstanding payments on any mortgages on said property, as well as all real estate taxes, insurance, and any maintenance and repair costs, and hold HUSBAND harmless from any obligations on said payments and indemnify him if any claim is made against him. HUSBAND hereby agrees to execute a Deed conveying his interest in the property to WIFE simultaneous to the signing of this Agreement. 8. PERSONAL PROPERTY: The parties agree that the remaining personal property has been divided to the parties' mutual satisfaction. WIFE hereby waives all right, title and interest which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any right, title and interest which he has in the personal property of WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to HUSBAND or WIFE with full power to HUSBAND or WIFE to dispose of the same as fully and effectually, in all respects and for all purposes as if he or she were married. AUTOMOBILES: WIFE hereby waives all right, title and interest in any vehicle or motorcycle that HUSBAND currently owns or may own in the.. future, and agrees to xecute all documents necessary to transfer title of any jointly titled vehicles that HUSBAND may own within thirty (30) days of this Agreement. HUSBAND shall hold WIFE harmless for any and all liability associated with the use and purchase of any vehicle he may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or may own in the future. HUSBAND hereby waives all right, tit][e and interest in any vehicle that WIFE currently owns or may own in the future, and agrees to execute all documents necessary to Iransfer title of any jointly titled vehicles that WIFE may own within thixty (30) days of this Agreement. WIFE shall hold I:IUSBAND harmless for any arid all liability associated with the use and purchase of any vehicle she may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. 10. MARITAL DEBTS: It is further mutually agreed by and between the parties that WIFE shall assume all liability for and pay and indemnify the HUSBANI) against all debts incurred by WIFE after the date of separation. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and hold HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. HUSBAND will be solely responsible for the credit card debt and will hold WIFE harmless thereon. WIFE will be solely responsible for her automobile loan and will hold HUSBAND harmless thereon. HUSBAND shall assume all liability for and pay and indemnify the WIFE against all debts incurred by HUSBAND after the date of separation. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not co~atracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and save WIFE harmless fxom any and all claims or demands made against her by reason of debts or obligations incurred by him. 11. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their'own. 12. BENEFITS~ STOCK AND BANK ACCOUNTS WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of HUSBAND and likewise HUSBAND agrees to waive all right, title and interest in the Vanguard Account which the WIFE set up prior to the marriage and is in ]her name only. 13. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. Each party will be responsible for their own attorney fees. 14. BREAClt: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 15. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the: other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 16. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, are fully understood by both parties, and each party acknowledges that the Agreement is fifir and equitable, that it is being entered into voluntarily, and that it is not the result of any durcss or undue influence. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies or any other remedies provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 17. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. APPLICABLE LAW: Commonwealth of Pennsylvania. PRIOR AGREEMENTS: 18. This Agreement shall be construed under the Laws of the 19. It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 20. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, arid each party hereby waives and relinquishes any and all fights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 8 IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. DEBORAH A. BUCHER RODNEY ~. BUC:~ ~. COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : PERSONALLY APPEARED BEFORE ME, this ~' 2004, a Notary Public, in and for the Commonwealth of pennsylvania and Co~mty of Cumberland, DEBORAH A. BUCHER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement AgTeemant, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : PERSONALLY APPEARED BEFORE ME, this of ,~.dy~- :.4 , 2004, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, RODNEY D. BUCHER, JR., known to me (o:r satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. F NOTARIAL SEAL ! Ruth Lublin, Notat'y Public [ Lower Merion Twp,, Montgomery County[ ~My commission expires September 10, lO DEBORAH A. BUCHER, Plaintiff, RODNEY D. BUCHER, JR., Defendant. To the Prothonotary: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003 - 1229 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divome: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Rondney D. Bucher, Jr., on April 16, 2003, by certified, restricted delivery mail, addressed to her at 1100 A-3 Yverdon Drive, Camp Hill, Pennsylvania, 17011, with Return Receipt Number 7001 2510 0009 2828 3671. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by plaintiff: April 22, 2004; by defendant: April 20, 2004. (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: (b) Date plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: April 22, 2004 Date defendant's Waiver of Notice in Section 3301¢~t Divorce//~as/filed with the Prothonotary: April 20, 2004. Marcus i~. M~j~i~lt, I~,~s/~re Date: April 22, 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. DEBORAlt A. BUCH~It, PLAINTIFF NO. 2003-1229 CIVIL TERN VERSUS RODt~k! D. BUCkeR, JR., DI~FENDANT AND NOW, DECREED THAT and DECREE IN DIVORCE DEBONAH A. BUOHi~.~ RODNEY I~ BUCH~.t~, JR. , ~__~, IT IS ORDERED AND , PLAINTIFF, , 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 Marriage Settlement Agreement dated February 19, 2004 and si~ned by the parties is hereby incorporated into this Divorce Decree, but net merRed. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs Defendant File No. c>QOC~ -I ~q IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/defendant in the above matter, [select one by marking "x"] . prior to the entry cfa Final Decree in Divorce, .[ or / after the entry of a Final Decree in Divorce dated v/-~<~C/- (3 ¢ , hereby elects to resume the prior surname of ~x'x~'xc~,ro.~, ~ ,~qc~% and gives this written notice avowing his / her intention pur,suan~ to the provisions~*-5,~ P.S. Signature of name being resunfed COUNTY OF On the I~%ay of~t-t~ 0~, 2004, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained, In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal, NOTARIAL SEAL CLAUDIA A. SREWBAKER, NOTARY PUBLIC Carlisle Bo~o, C~lmbedand County My Commlssior~ Expires kpdl 4, 2005 Prothonotary or Notary Public