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MARIBI<:TlI J.R. IIVCIIER,
PLAINTIFF
IN TilE COURT OF COMMON PLEAS OF
CllMIIERLAND COUNTY,
I'ENNSYLV ANIA
vs.
ROBERT W. IIVCIIER,
DEFENDANT
NO. 98.5834
CIVIL ACflON - LAW
IN mVORCE
ORDER
ANI> NOW. this
day of
. 200 I. upon considcration of thc
attached Petition. the Court finds the Defendant. ROIIERT W. BVCHER, has breached the
Marriage Settlement Agreement signed by the Defendant and the Plaintiff on or about November
2, 1998, and is in contempt of this Agreement.
It is further ORDERED and DECREED that the Defendant shall:
1. give to Plaintiff all automobiles. and marital and non-marital property agreed to in the
Marriage Settlement Agreement;
2. reimburse Plaintiff for one-half(I/2) of all unreimbursed medical. dental, optical,
prescription and orthodontic expenses lor the parties' four (4) minor children;
3. make the Plaintiff and the parties' minor children co-beneficiaries of the life
insurance policy; and
4. pay Plaintiffs counsel fees and costs in connection with this instant petition.
BY THE COURT:
J.
ROBERT W. BUCHER,
DEFENDANT
NO. 98-5834
CIVIL ACTION - LAW
IN DIVORCE
MARIBETII J.R. BUCHER,
PLAINTIFF
IN TilE COllRT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
PETITION FOR CONTEMPT AND
TO ENFORCE MARRIAGE SETTLEMENT AGREEMENT
Plaintiff, MARIBETH J.R. BUCIIER (now known as Muribeth Bucher Lucente), by
and through her attorney, Susun Kuy Candiello, Esquire, of the Law Finn of Susan Kay
Cundiello, P.C., brings this Petition for Contempt and to Enforce Marriage Settlement
Agreement and, in support thereof, avers as follows:
I. Plaintiff is Wife, who was the PlaintifTin the above-referenced divorce action between
the parties.
2. Defendunt is Husband, who was the Defendunt in thut action.
3. On or about November 2, 1998, Plaintiff and Defendant entered into a comprehensive
Marriage Settlement Agreement, which, by its tenns, detcrmincd the equitable distribution of
marital property, alimony and support of Plaintiff, and thc custody, support and educationlll
expenses of the children. A true lInd correct copy of the Marriage Settlement Agreemcnt is
lIttllChed hereto und made a part hereofat Exhibit "A"
4. On January 26, 1999, a final Decree in Divorce was entered by the Court of Common
Pleas of Cumberlnnd County, Pennsylvnnill, No. 98-5834, nnd snid Mnrringe Settlement
Agreement WllS incorpornted in but not merged with the final Decree.
....
5. Parugrnph 2. Pivj;>!mUl..Lf!I'I'.sIJy of the Marriage Selllelllent Agreement provides lIS
follows: "Wife acknowledges receipt of the items of property identified on the attached Exhibit
"A". IIusblU1d shall retain as his property the items identified on the attached Exhibit ..9........
6. Exhibit "C" of the Marriage Selllement Agreement was never completed by the
scrivener of the Marriage Settlemeot Agreement. Plaintiff provided Defendllllt with a list of the
property which she wanted to be included in Exhibit "C" of the Marriage Selllement Agreement
on or about December II, 2000. (A copy of Exhibit "C" of the Marriage Selllement Agreement
is attached hereto lIIId made a part hereof at Exhibit "B".)
7. Contrary to the terms of the Marriage Settlement Agreement, at paragraph 2,
DefendlU1t has not provided Wife with the 1967 Mustang listed on Exhibit "A" of the Marriage
Settlement Agreement or the additional items identified in Exhibit "C" of the Marriage
Settlement Agreement.
8. Defendllllt has given to Plaintiff some of the items from the property list known as
Exhibit "C" from the Marriage Settlement Agreement. However, numerous significant items of
premarital and marital property have not yet been returned to the Plaintiff. The items of
premaritallU1d marital property, which Defendant has yet to return to the Plaintiff are listed on
the "Revised" Exhibit "C" which is attached hereto and made a part hereof at Exhibit "C".
9. Paragraph 4. Child Support, second paragraph, of the Marriage Settlement Agreement
provides as follows: "HusblU1d agrees that, in relerence to the support obligation, he will provide
full medical coverage as available through his employment and agrees that for any unreimbursed
medical, dental, optical, prescription, and orthodontic expenses not paid for by his (or Wife's, if
she maintains any) health insurance coverage, he will pay one-half of such amount."
10. Contrary to the tenns of the Marriage Selllemenl Agreement. at the second parugmph
in 4. Child-1iYnnQl:!. Defendant has not paid any unreilllbursed medical, dental, optical,
prescription. or orthodontic expenses ti.lr the parties' minor children since the Agreement was
executed.
II. Defendant now owes Plaintiff Seven Thousand Five lIundred Seventy-Six Dollars
and Twenty-Six Cents ($7,576.26). Please see attached copies of all available bills and
statements allaehed hereto and made a part hereof at Exhibit "D".
12. Paragraph 4. Child SUPDort. third full paragraph of the Marriage Settlement
Agreement provides as follows: "... however, to insure a continuation of support. the Husband
agrees he will maintain tenn life insurance policy with Wife apd the children as co-beneficiaries
until he shall have no further child support obligations hereunder in the minimum amount of
$500,000 so long as he is physically qualified to purchase said insurance......
13. Contrary to the tenns of the Marriage Settlement Agreement, at the third full
paragraph in paragraph 4. Child SUPDort, Defendant has a life insurance policy, but has his
brother as the beneficiary.
14. Defendant is in contempt of Court for failing to comply with the tenns of Paragraphs
2 and 4 of the Marriage Settlement Agreement, which may be enforced as an Order of the Court
under Section 3105(a) of the Divorce Code, 2 Pa. C.S.A. * 3105(2).
15. Defendant has the ability to comply with the relevant provisions of the Marriage
Settlement Agreement.
16. Paragraph 8. Breach of the Marriage Settlement Agreement provides as follows: "If
either party breaches any provision of this Agreement, the other party shall have the right, at his
or her eleetion, to sue for damages for such breach, and seck any other remedy allowed in law or
equity. The party breaching this contract shall be responsible for the payment of le!,:al fees and
costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such
other remedy or relief as may be available to him or her...... As a result ofparugraph 8 in the
Marriage Seulement Agreement, Defendlmt should be responsible for Plaintifl's counsel fees and
costs in connection with this instant petition.
17. This Court has the authority pursuant 10 Sections 3105(a) and 3502(e) of the Divorce
Code of 1980, as amended, to enter an Order finding: Defendant in contempt; Direct Defendant
to give to Plaintiff all automobiles, marital and non-marital property a!,:reed to in the Marriage
Settlement Agreement; Reimburse Plaintiff for one-half (1/2) of all unreimbursed medical,
dental, optical, prescription and orthodontic expenses for the parties' four (4) minor children;
Make the Plaintiff and the parties' minor children co-beneficiaries of the life insurance policy;
and, Award Plaintifl'counsel fees and costs in connection with this instant petition.
WHEREFORE, Plaintiff, MARIBETH ,I.R, BUCHER (now known as Maribeth Bucher
Lucente), hereby respectfully requests that this Court enter an Order finding Defendant,
ROBERT W. BUCHER, in contempt and directing Defendant to: Give to Plaintiff all
automobiles, marital and non-marital property agreed to in the Marriage Settlement Agreement;
Reimburse Plaintiffr for one-half (1/2) of all unreimbursed medical, dental, optical, prescription
and orthodontic expenses for the parties' four (4) minor children; Make the Plaintiff and the
parties' minor children co-beneficiaries of the life insurance policy; and, Award Plaintiff
H1V'. -.:.
counsel fces and costs in conncction with this instant petition.
Dated: July <>Z .2001
Respeclfully subrnilted,
LA W FIRM OF SUSAN KA Y CANDIELLO. P.c.
Susan Kay Ca Ie
Couflsel/or l'Iaimi
PA 1.0.1164998
5021 East Trindle Road
Suite 100
Mechallicsburg P A 17050
(717) 796-1930
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VF.:RIFICA TION
The undersigned hereby verities thaI the IllCts avcrrcd in the forcgoing doeumcnt arc true
and correct to the best of her knowledge, intonnation, und bclie!: Tbis veriticulion is mude
subject to the pcnulties of 18 I'a. C.S.A. g4904 relating to unsworn fulsitieution to authorities.
DATED: C, - 2.1 -01
I
Vv\:ulbe:\{..l!:J..l~~LtC~Q
MARIBETII J.R. BUCHER,
n/k/u MARIBETII BUCHER LlJCENTE
property the items identified on the attached E>:hibit "B". In addition
thereto:
A. '!he parties agree that they shall file a joint tax return for 1998. Husbard
shall assume sole liability for any and all incoIre taxes due for the tax year
1998 ard prior years ard hereby indemnifies wife against any liability
therefor.
B. Husband Agrees to deliver to wife, up:>n c:losin;J of Wife on the property at
23 Skyline Drive, Mechanicsburg the sum of Seventy Thousand ($70,000.00)
D:lllars ard to waive any interest in the $5,000 down payment provided by
Husband for Wife's purchase of the Skyline Drive property.
~ shall, contemporaneously with the execution of this Agreement
execute a Note in favor of Ihfe in the amount of One hundred !'.;enty-five
'!housand ($125,000) COllars due ard payable as foll=: Payments of Six
Hundred 'TWenty-Five ($625) COllars per month beginnin;J one month from the date
of relocation of Wife to the Skyline Drive property, to be applied to interest
at the rate of six (6) per cent per annum, and continuing for sixty (60)
months at which time all principal and unpaid interest shall be due ard
payable.
D. '!he parties acknowledge that Husband shall be entitles to clailn each of
the minor children as dependants on all future income tax returns.
E. '!he parties acknowledge that have heretofore established an a=unt with.
Merril-Lynch (#872-43039) which they have funded to assist with the children's
college educations. The parties agree to l1'aintain such fund for the benefit of
the children and to use the funds for said educational purposes only.
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F. 'll1e parties ackncMledge that the properties set ac.ide to each shall be the
sole ard separate property of th.. lX"\rty taJd.ng po:::nC!:'!'ion of same.
G. 'll1e parties agree that they waive any claim an:! all interest in the other's
retirement an:! any an:! all assets assigned to the other hereunder an:! agree to
sign any documentation reasonably requested to effectUate this waiver of
interest .
3. QlITD CUSTODY: The parties agree that they shall share legal
custody of their four children: Maribeth Jo Bucher, b:lrn NoveI1'ber 22, 1983,
San-antha L. Bucher, born February 3, 1986, Robert \'1. Bucher III, born August
3, 1989 an:! Joseph R. Bucher, b:lrn February 12, 1992. wife shall have priIrary
physical custcrly of parties' minor children. Husband shall have liberal
partial physical custcrly and visitation rights. The parties acl:nowledge their
mutual concern that Husband and Wife each playa significant role in the lives
of the children.
4. CHIID SUPFORI': Husband agrees to pay child support for the
parties' minor children in the amount of '!Wo Thousand Six Hundred and
Forty ($2 , 640.00) Dollars per month to be effective upon wife's relocation to
the Skyline Drive property. Both parties acknowledge that this amount of child
support is reasonable given their respective net in=nes as of the date of
this agreen-ent and the m3Iital property allocated to each. Tne parties
ackna...r1edge that circumstances may change in the future which would warrant a
modification of the child support. The parties agree that the Court shall
retain full jurisdiction over the child support and that this paragraph may be
modified by subsequent Court Order. The child support shall continue until
such tilne as the children, or any of them become emancipated, becorrP...s se1f-
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supporti.ng, attains the age of eighteen years or resides with Husband full-
tine, which ever of the afore..",,"\id eventz first occurs.
Husband agr<>eS that, in reference to tho support obligation, he will
prcvidefull medical coverage as available through his employment ard agrees
that for any unreiJnbursed medical, dental, optical, prescription, ard
orthodontic expenses not paid for by his (or Hife's, if she llI3intains any)
health i.nsurnncc coverage, he will pay one-half of such amount.
In reference to a modification of this Order, Husbard agrees that, upon
request from Wife, he will submit infOn1<"\tion in regard to his salary on an
annual basis. In calculating any adjusbnent in child support, the Husband's
net income from his employnent shall be the only amount considered, unless
Husband suffers a voluntary or an involuntary reduction in income due to
illness, loss of employment, et cetera. ~y in the event of a voluntary or
an involuntary loss of employment shall the Husband's income from other
sources, such as dividends, interest, disability, s=ial security or other
benefits which would normally be considered income pursuant to the laws of the
Cormnonwealth of Pennsylvania be factored in arriving at the modified amount of
supp:lrt. 1his child support obligation shall cease upon Husband's death;
however, to insure a continuation of support, the Husband agrees that he will
l1'aintain tenn life insurance policy with wife ard the children as co-
__~.____...___._._.__._________u___..._.____.._._ ..__ _____ ,.,..u___
beneficiaries until _h~ shal~ have no further child support obligations..
---------.---.- " ._._.-."_..~. - _.._._._._..-.-......._...._-_....-.~.,.-,_...--
hereunder in the minimum amount of $ 22Q,_02.~so long as he is physically
qualified to purchase said insurance. In addition Husbard shall continue
to provide medical insurance coverage for the minor children.
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4. l.T:TM"lNY: Hu.sbarrl ~grecs to p<~y alim:my to Wife in the current
arrount of $1,365.00 per month. Both parties ac;:nCMlcdge that this amount of
aliJrony is reasonable given their rC'..spective net inc:otT"C a1' of the date of the
1\o,j.."""nent an:l the =ital property all=ated to each. The parties acmCMleclge
that circumstances may charqe in the future which m3Y warrant a modification
of the amount of aliJrony. The parties agree that the Court shall retain full
jurisdiction of the alimony order and that this paragraph =y be mcdified by
subsequent COurt Orner and that nothing contained herein shall be construed to
make the alimony or the child support enforceable as a separate contract
right. In calculating the Husband's net inc:oJ1"e, the figure utilized for same
shall be the amount reflected on Husband's pay statement from Penn State-
Geisinger Health System, or other earned income with deductions allCMed for
federal, state an:l l=al taxes, health insurance and all other non-voluntary
deductions. kny ernployrrent benefits, dividend or investment income shall not
be calculated as Husband's income.
Beginning February 1, 2000 the aforementioned sum shall be adjusted
annually to reflect the changes, if any, in the Consumer Price Index (U. S. )
City Average Index) for the 12 months preceding January 1 of each year, as
published in the Wall Street Journal, provided;
A) that the adjustment shall not exceed the percentage of net salary
c:han;Je experienced by Husban:l on the same year to year basis. The parties
recognize that, in the event of a loss of income, the amount of alimony may
decrease.. This al:i1rony shall terminate at the earlier event of; wife's death,
Husband's death, wife's remarriage or wife's co-habitation, or seven (7) years
from the date of first payment hereW1der.
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B) the payments to be rode hereunder are intcn:l<!cl by the parties to
constitute alimony under IRe 71, and as such, too be includ<!cl in Wife's i.ncorre
and deductible by the Husband.
5. ~. Except for the debts and obligations create:! hereunder,
each party agrees to pay and hereby agrees to hold the other harmless fram any
and all personal debts and obligations incurr<!cl by him or her subsequent to
the date of separation which shall be considered as of the date of this
agreement. If any claim, action or proceedirq is hereafter brought seel:.i.ng to
hold the other party liable on account of such debts or obligations, each
party will at his or her sole expense defend the other party against any such
claim, action or proceedings, whether or not well-founded, and indemnify the
other party against any loss or liability resultirq therefrom.
6. Equitable Prooertv. This agreement constitutes an equitable
division of the parties' marital property. The parties have determin<!cl that
the division of this property conforms with regard to the rights of each
party. The division of existing narital property is not interrled by the
parties to constitute in any way a sale or exchange of assets, and the
division is beirq effectuated without the introduction of outside funds or
other property not constituting the matrimonial estate.
Each party hereby acknowledges that this agreement adequately provides
for his or her needs and is in his or her best interest, and that the
agreement is not the result of any fraud or undue influence exercise::l by
either party upon the other or by any other person or persons upon either
party. Both parties hereby waive the following procedural rights:
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A. The right to obtain an inventory and appraiSClTY'..J'lt of all narital
and separate pro~y liS defined by the f\:!nnsylvllnia Divorce Co:le.
B. The right to obtain an inCOlOC! an:! expense statelrcnt of the other
party as provided by the Pennsylvania Divorce Co:le.
C. The right to have the court determine vlhich property is narital
and which in non-marital, and equitably distributable between the parties that
property which the court detennines to be rrarital.
D. The right to have the court decide any other l""ights, remedies,
privileges, or Obligations covered by this agreement, includin; but not
limited to possible cla:iJns for divorce, spousal support, al il110ny , alil110ny
pendente lite (temporary alil11ony), and counsel fees, costs and expenses.
Each party acknowledges that Steven J. Fishmm, has acted merely as scrivener
of this agreement, documenting the mutual desires of the parties. Each party
acknowledges that said scrivener has advised each party of the advisability of
having this Agreement revieWed by an attorney to determine "nether or not the
mutual agreerrents herein contained are the most favorable which such party
might otherwise anticipate under the laws of the Commonwealth of Pennsylvania
with respect to division of marital property, alil11ony, child support and the
other issues herein contained. Each party has either obtained such legal
review or has, without coercion detennined to waive such review. The scrivener
has made no assurances of any type whatsoever that the terms hereof are
particularly beneficial to either party.
7. Release of All Claims. Each party, except as otherwise provided for
in this Agreerrent, releases the other from all claims, liabilities, debts,
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obligations, actions an:! causae of action of cvery brd that have been
i.noJrred, or may be incurred, relating to or arising from the ll'arriage between
the parties, including waiving any claim to their rczpcctive ~-nzions or
retirement a=unts. Ha../cver, neither party is relieved or discharged from
arry obligations under this Agreement or under any inst.nnront or document
executed pursuant to this Agreement. FUrther, each party waives any interest
against the estate of the other, arising out of rights under the Intestate law
or the Divorce Code, Act 26 of 1980, as arrended, or arising by any nature
whatsoever, excepting only those rights a=rtled to the parties hereunder.
8. Breach. If either party breaches any provision of this Agreement,
the other party shall have the right, at his or her election, to sue for
damages for such bread'!, and seeJ.: any other remedy allowed in law or equity.
'!he party breaching this contract shall be responsible for the payment of
legal fees an:! costs incurred by the other in enforcing his or her rights
under this Agreement, or seeking such other remedy or relief as may be
available to him or her. Waiver by one party of any breach of this Agreement
by the other party shall not be deemed a waiver of any subsequent, similar
breach or other breaches.
9. Full Di=1=re. Husband an:! Wife each represent an:! warrant to the
other that he or she has made a full an:! complete disclosure to the other of
all assets of any nature whatsoever in which such party has an interest, of
the source and aI1'Ount of the income of such party of every type whatsoever an:!
all other facts relating to the subject matter of this Agreement.
10. Divorce. '!his Agreement shall not be construed to affect or bar
the right of either Husband or \~ife to a true an:! absolute divorce on legal
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an:! truthful grourds as they no.: e>:ist or rmy hereafter arise. It is
UJ1derstood, however, that Wife, as of the signing of this ~t, has filed
an action in divorce in the Court of COImlOn Pleas of CUmberlan:! County, in
which he alleges that the rmn-iage is irretrievably broken. Eoth p.:u-ties
UJ1derstan:l an:! agree that Wife shall continue to pursue said divorce on the
gt"OI.In:ls that the narriage is irretrieVably broken, ard that both parties will
execute, deliver ard file the necessary affidavits ard all other petitions or
documents necessary to effectuate the divorce pursuant to Section 330l(c) of
the Divorce Code. Husband agrees that the narriage is irretrievably broken.
11. Reoresentation of Parties bv CourLo;el. Each party has had the
OPPOrtunity to have legal CXlunsel to represent each of them in the negotiation
an:l preparation of this Agreement and has either been so repro..sented or has
voluntarily chosen not to be represented. Each party has carefully read this
Agreement ard is conpletely aware, not only of its contents, but also of its
legal effect.
12. Additional In..o;trume>nts. Each of the parties shall on demand or
within a reasonable pericx:l thereafter, execute and deliver any ard all other
documents ard do or cause to be done any other act or thing that may be
lleCP..ssary or desirable to effectuate the provisions ard purj:oses of this
Agreement. If either party fails on demand to conply with the provision, that
party shall pay to the other all attorneys I fees, costs and other expeIlsP..s
reasonably incurred as a result of such failure.
13. Mcx:lification anO Waiver. Mcx:lification or waiver of any provision
of this Agreement shall be effective only if I1'ade in writing and executed with
the same fonnality as this Agreement. The failure of either party to insist
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I'rQjlIT!.t..llu' c n.!'.t!I.UII:!!.J.g~!.!!.Jl u rJ!.c.r.
I) Ethan Allen End Tahles and Collce Tahles (premarital)
2) Maple Headboard and Footboard, Triple Dresser with Mirror. Chest, and 2 Night
Stands (premarital)
3) Baby cradle, carved wood. (purchased whenl"'lariheth was horn)
4) White cradle and crib
5) Strollers, (2) Emaljunne carriages, douhle carriage with frame and Silver Cross Coach
carriage
6) Bicycles. English 3-speed racer. three other 10-speed hicycles, and hlue bicycle from
her childhood
7) Children.s toys in basement (The childrcn want to he able to come into the home to
choose their toys.)
8) Bahy clothing stored by M.l and the hoys, (in their rooms in garhage cans and closets).
9) Doll carriage and doll collection (premaritallrom childhood)
10) Crib (premarital)
II) Family photos and videos (Ms Bucher wants ability to go through the photos herself.
Double photos were always purchased, so there should be sufficient photos.)
12) Cross country skis (Ms. Bucher's)
13) Wrought iron glider (have other pieces, just need glider part)
14) Bowling machine, (Ms. Bucher's)
15) Brio trains and board (Joey"s)
16) Tailortot (antique carriage)
17) Antique Coke cooler
18) Brown Ford Station wagon in Gettysburg
19) Videos (Ms. Bucher wants the opportunity to go through)
20) 1967 Ford Mustang, in good working condition, with current inspection.
21) Baretta and 38 revolver
22) Desk (premarital) and oak bookshelf
23) 1983 Black Ford Mustang, in good working condition, with currcnt inspection. which
Dr. Bucher promised to Maribcth.
24) Red and Green Ceramic Santas
25) Paper-mache Santas (4 to 5)
26) Oak Crib
"REVIS.:!)" EXHIIJIT "C"
I'laintin. has received some of the pruperty listed on the original Exhibit "C" from the Marriage
Seulement Agreement. The following arc the items ofpropcrty which the I'laintiffhas not
received Irom the Defendant:
PRE-MARITAL PROPERTY
I) Ethan Allen End Tables and Coffee Tables
2) Maple Headboard and Footboard. Triple Dresser with Mirror. Chest, and (2) Night Tables
3) Oak Crib
4) Desk, Bookshelf (Oak)
MARITAL PROPERTY
1) White Cradle and Crib
2) Emaljanne Stroller (double frame and top)
3) Children's Toys in Basement (Children should be able to choose what they want to keep.)
4) Family Photographs and Videos (Wife wants the ability to choose which she wants.)
5) Bowling Machine
6) Brown Ford Station Wagon (Gettysburg)
7) 1%7 Mustang (in good working condition, with current inspection)
8) Baretta and 38 Revolver
CHILDREN'S ORTHOJ)ONTIA. VISION. WEIGHT LOSS. SOCCER. and
EXTRACURRICULAR EXPENSES
I} Maribeth I Counseling April, 1998 through March, 1999
2} Maribeth I Orthodontia
3} Robert I Orthodontia
4} Maribeth I Vision
5} Maribeth I New Image Weight Loss Camp
6} Maribeth and Samantha I Weight Loss Programs
Nutritional Supplement {required}
7} Robert and Joseph I Soccer
Robert
Joseph
Uniforms I Warm ups
8} Samantha I School TripI 1999
9} Maribeth I Orchestra Trip I 2000
TOTAL
TOTAL (divided by 2) OWED TO PLAINTIFF
$ 715.00
2630.00
1100.00
192.00
5590.00
905.84
2155.46
200.21
210.00
304.00
250.00
900.00
$15,152.51
$ 7,576.26
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101/11/2000107/11/20001 oh SO 00 SOS 00 140<11 1$3325.00 IDe I
108/11/2000108/11/20001 oh $0 00 595. 00 140ij9 153230.00 IDe I
109/12/2000109/12/20001 oh $0 00 $9S.00 14111 1$]135.00 IDe I
110/13/200011O/13/2000[ oh $0 00 $95,00 1~242 IS300l0.00 IKR I
[11/15/2000111/15/20001 oh $0.00 $9S.00 14326 1529015.00 Ine I
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101/12/2001101/12/20011 oh SO 00 S95 00 144<111 1$2755 .00 IKR I
102/08/2001102/08/20011 oh $0 00 $95 .00 14507 1$2660 00 IDe I
104/18/2001104/18/20011 oh $0 00 595 00 IH01 jS2r,65 00 IDe I
105/01/2001105/01/20011 oh so 00 $95 .00 146401 15200.00 IDe I
106/19/2001106/19/20011 oh $0. 00 $190. .0 14101 152280.00 IDe I
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01/2000 595.00 )6 M
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CONFIRMATION & BALANCE DUE
Name:
Maribeth Bucher
Arrival Date:
06/28/1999
08/19/1999
$5,590.00
$500.00
$5,090.00
Departure Date:
Rate:
Deposit:
Balance:
ALL BALANCES ARE DUE BY 05/01/1999. NO ONE WILL BE ADMITTED WITHOUT
BALANCE PAID IN ADVANCE. YOU CAN PI,SO PP,y t'iI'T'H 'T'HE .^_"1ERIc.^j'T EXPRESS
CARD!
P,O, BOX 417. NORWOOD, NJ 07648 (20 I) 750-1557 / (800) 365-0556/ FAX (201) 750.1558
l. ,I. ".
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031LCI1I991
CLIENT ACCOUNT RECORD
I,
MARIHETII.I.R. IIllCIIER.
I'LAINTW"
IN TilE COl/RT 0.. COMMON PLEAS 0..
("(IMIIERLANU ('miNTY,
I'ENNSYI.V ANIA
"s.
ROIIERT W. IIlJCIIER,
J)EFENDANT
NO. 98-5834
CIVIL ACTION - LAW
IN DIVORCE
ORI>ER
AND NOW. this -1L_ day of ~(",jVj
. 200 I, upon consideration of the
Plaintiff, MARIIIETH J.R. II11CHER'S Petition for Injunctive Relief: it is hereby ORDERED
and DECREED that Defendant, ROBERT W. BllCHER, is hereby enjoined and restrained
from encumbering, dissipating, selling or otherwise alienating any and all marital assets of the
parties, including but not limited to, marital aAII l'J.~ ......;t,,1 property of Plaintiff, the LifeL~
Insurance Policy for the benefit of the Plaintiff and the parties' children, and selling any marital
assets wMheould.interfere with. the Defendant'nbilityto-pIIy-Plaintifftten:asfrsettlen,ellt f,UUl
tr~//
the.partie?Marriagll Settlement'A...__I...:nt, until further Order of the Court. \<<
BY THE COURT:
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MARIRETII J.R. IJllCIIER,
PLAINTIF~'
IN 'I'm: COllRT OF COMMON I'LEAS OF
("llMIIERLANI) COlINTY.
I'ENNSYLV ANIA
VS.
ROBERT W. IJllCHER,
DEFENDANT
NO. 98-51134
CIVIL ACTION - LAW
IN mVORCE
RULE
AND NOW, this
day of
, 200 I, upon consideration of the
within Petition to Prevent Dissipation of Marital Assets, a Rule is hereby entered against
Defendant, ROBERT W. BUCHER, to show cause why the relief requested should not be
granted.
RULE is issued upon the Defendant to show cause why the Plaintiff is not entitled to the
relief requested. The Defendant shall file an answer to the petition within
days of
this date.
RULE RETURNABLE with hearing thereon the
day of
,2001,
at _.M. in Courtroom
, Cumberland County Courthouse, 1 Courthouse Square.
Carlisle, Pennsylvania.
BY THE COURT:
J.
AI 2. !~jxi~il)I)(!C1'J'!l('e.r!Y. "Wife acknuwlcdgcs receipt of the items of
property identiticd 00 the attachcd \',xhihil "A". Ilushaml shall retain as his
property the itcms identified on thc attached Exhibit ..n........
B) 2. c. "Husband shall. eontemporancously with the execution of this
Agreement execute a Note in favor of Wife in the amount of One hundred
Twenty-tive Thousand ($ I 25'()()0) Uollars due and payable as follows: Payments
of Six Hundred Twenty-Five ($625) Dollars per month beginning one month from
the date of relocation of Wife to the Skyline Drive property. to be applied to
interest at the rate of Six (6) per cent per annum. and continuing for sixty (60)
months at which time all principal and unpaid interest shall be due and payable."
C) 4. Child Supoort. second paragraph. "Husband agrees that. in
reference to the support obligation, he will provide full medical coverage as
available through his employment and agrees that for any unreimbursed medical.
dental, optical. prescription. and orthodontic expenses not paid for by his (or
Wife's, if she maintains any) health insurance coverage, he will pay one-half of
such amount."
D) 4. Child SUDDort, third paragraph, .....This child support obligation
shall cease upon Husband's death; however, to insure a continuation of support,
the Husband agrees he will maintain term life insurance policy with Wife and
children as co-beneticiaries until he shall have no further child support obligations
hereunder in the minimum amount of $500,000 so long as he is physically
qualified to purchase said insurance...."
,.
H. lIusband has never given Wire all the marital and non-marital property. which is
Wife's property per the parties' Marriage Settlement Agreement.
9. Ilusband owes Wife Seven Thousand Five Ilul1dred Seventy-Six Dollars and Twenty-
Six Cents ($7,576.26), because Husband has never paid his portion of the parties' children's
psychological, vision, orthodontic and extracurricular expenses.
10. Husband has removed several pieces of Wife's premarital and marital property to his
third residence in Maine.
II. Wife has been told by Husband and Husband's counsel, Husband docs not have
sufficient funds to meet all of his expenses and expects a change in employment.
12. Wife has reason to believe Husband is selling some of the twenty-three (23)
automobiles he retained in the Agreement.
13. Wife has reason to believe Husband has made his brother the beneficiary of the life
insurance policy required to be maintained by Husband for the benefit of Wife and their children
in the event of Husband's demise.
14. Wife fears and believes because of Husband's actions and threats he will dissipate,
alienate or encumber other marltal property of the parties.
IS. Section 3323(1) of the Divorce Code provides in relevant part:
In all matrimonial causes, the court shall have full equity power and jurisdiction and may
issue injunctions or other orders which are necessary to protect the interests of the parties
or to effectuate the purposes of this act, and may grant such other relief or remedy as
equity and justice require against either party....
16. Section 3505(a) of the Divorce Code provides:
Where it appears to the court that a party is about to leave the jurisdiction of the court or
is about to remove property of that party from the jurisdiction of the court or is about to
dispose of, alienate or encumber property in order to defeat equitable distribution,
~
ulillluny pcndcntc litc. ulillluny. child und spuusul suppurt or u similur uwurd. an
injunction IIlUY issue to prevcnt the rClllovul Ill' disposition und the property mllY be
lIttaehed US prcscribed by gcneral rules. Thc cuurt may also issue II writ of ne cxcat to
prcclude thc removal.
17. Pennsylvania Rule of Civil Procedure I 920.43(a) providcs:
At any time aftcr the tiling of the complaint. on pctition sClling forth the facts cntitling
the party to rclicf. the court may. upon such tcrms and conditions as it deems just.
including the tiling of security.
(I) issuc preliminary or spccial injunctions necessary to prcvent the removal.
disposition, alicnation or cncumbering of real or pcrsonal property in accordance with
Rule J 53 J (a). (c), (d) and (e); or
(2) order the seizure or attachment of rcal or pcrsonal property; or
(3) grant other appropriate relief.
WHEREFORE, Plaintiff, MARIBETH J.R. BUCHER (now known as Maribeth
Bucher Lucente). respectfully requests that this Honorable Court grant the within Petition for
Injunctivc Relief and enjoin and restrain Defendant. ROBERT W. BUCHER from
encumbering, dissipating. selling 01' otherwise alienating any and all marital assets of the parties.
Respectfully submitted,
LA W FIRM OF SUSAN KAY CANDIELLO, P.c.
Dated: July ...siL, 200 I
Susan Kay Can Ie 0, Esquire
Counsel for PI in iff
PA 1.0. # 64998
5021 E.1St Trindle Road
Suite 100
Mechanicsburg PA 17050
(717) 796-1930
EXHIBIT "A"
','- :''''.........-~.;;
EXHIBIT "B"
EXHIBIT "C"
2"1 q - 0333
~l1IRRIAGE SF:TI'I FMENI' AGREENEtIT
:Q;@[%J~
'!HIS l\GREE11Et'IT, IMde this :?~ay of f\.~ ' 1998, by and
between ROBERI' W. BUrnER, JR., hereinaftF.I called Husband, and MARIBE:I'H J .R.
BJCIiER, hereinafter called Wife;
wrrnESSEI'H :
WHEREAS, Husband and Wife are lawfully mrrried: ard
WHEREAS, differences have arisen between Husband ard Wife in consequence
of which they have determined to live separate and apart from each other and
agree to consent to the entry of a no-fault divorce; and,
WHEREAS, Husband and Wife desire to settle and determine their rights
and obligations.
NOO, THEREFORE, the parties, intending to be legally l:ound hereby, agree
as follows:
1. s'"p",..,.tion. It shall be lawful for each party at all ti1res
hereafter to live separate and apart from the other at such place as he or she
may from time to time choose or deem fit. The foregoing provision shall not
be taken as admission on the part of either party of the lawfulness or
unlawfulness of the causes leading to them living apart. Each party shall be
free from interference, authority and control, direct or indirect, by the
other as fully as if he or she were single and unmarried. Neither shall
-."-~m:;les't>>~e -;;-rner o~cOinPer' or.~~tf~.'\!l1"~~~l~;J, 'tltr.~! t!l"'~Ltml'C".~t'-am!J:J.
with him or her.
2. Division of Prooertv. Wife acknowledges receipt of the items of
property identified on the attached Exhibit "A". Husband shall retain as his
1
,;".
property the items identified on the attached D:hibit "B". In addition
thereto:
A. 'Ihe parties agree that they shall file a joint tax return for 1998. Husbard
shall assurre sole liability for any and all income taxes due for the tax year
1998 and prior years and hereby indemnifies wife against any liability
therefor.
B. HUsban::l AgreeS to deliver to wife, upon closing of I.life on the property at
23 Skyline Drive, Mechanicsburg the Stml of Seventy Thousand ($70,000.00)
Dollars and to waive any interest in the $5,000 down payment provided by
Husband for Wife's purchase of the Skyline Drive property.
~ shall, contemporaneously with the execution of this AgreeIrP...nt
execute a Note in favor of Wife in the amount of One hundred 'I"Jenty-five
'Ihousand ($125,000) Dollars due and payable as follows: Paym"...nts of six
Hurdred 'IWenty-Five ($625) Dollars per month beginning one month from the elate
of relocation of Wife to the Skyline Drive property, to be applied to interest
at the rate of six (6) per cent per anntml, and continuing for sixty (60)
months at which time all principal and unpaid interest shall be due and
payable.
D. 'Ihe parties acknowledge that Husband shall be entitles to claim each of
the minor children as dependants on all future income tax returrls.
E. 'Ihe parties acknowledge that have heretofore established an a=unt with
Merril-Lynch (#872-43039) which they have funded to assist with the children's
college educations. The parties agree to maintain such fund for the benefit of
the children and to use the funds for said educational purposes only.
2
"
F. '.the parties acknCMlcdge that the properties set aGide to each shall be the
sole an:l. separate property of the p...,rty t.c.,king possC!lGion of sarre.
G. The parties agree that they waive any clam arrl all interest in the other's
retirement am any arrl all assets assigned to the other hereunder arrl agree to
sign any documentation reasonably requested to effectuate this waiver of
interest.
J. arrw CUsroDY: The parties agree th3t they shall share legal
custody of their four children: Maribeth Jo Bucher, born November 22, 1983,
Samantha L. Bucher, born February 3, 1986, Robert W. &.Icher III, born August
3, 1989 am Joseph R. Bucher, born February 12, 1992. Wife shall have primary
physical custcdy of parties I minor children. Husband shall have liberal
partial physical custcrly arrl visitation rights. The parties ac}:nowledge their
mutual concern that Husband and Wife each playa significant role in the lives
of the children.
4. CHIID SUPFORI': Husband agrees to pay child support for the
parties' minor children in the amount of 'I'.-IO Thousand six Hundred and
Forty ($2 ,640. 00) Dollars per month to be effective upon wife's relocation to
the Skyline Drive property. Both parties acknowledge that this amount of child
support is reasonable given their respective net inCOJnP...s as of the date of
this agreement and the l1I3.rital property allocated to each. The parties
acknowledge that circumstances nay change in the future which would warrant a
modification of the child support. The parties agree that the Court shall
retain full jurisdiction over the child support and that this paragraph may be
modified by subsequent Court Order. The child support shall continue until
such time as the children, or any of them become emancipated, l::>ecom<>...s self-
3
supporting, attains the age of eighteen years or resides with Husbmd full-
tine, which ever of the afore..",,~id events first =rs.
Husband agrees tlk~t, in reference to the support obligation, he will
provide full medical coverage as available through his employment and agrees
that for any unrei.mbursed medical, dental, optical, prescription, and
orthcx:lontic expenses not paid for by his (or Wife's, if she naintains any)
health i.nsurnnc:c coverage, he will pay one-half of such amount.
In reference to a modification of this Order, Husbard agrees that, upon
request from Wife, he will submit information in regard to his salary on an
annual basis. In calculating any adj ust:rrent in child support, the Husband I s
net inCOJre from his employment shall be the only amount considered, unless
Husban::l suffers a voluntary or an involuntary reduction in inCOJre due to
illness, loss of employment, et cetera. Only in the event of a voluntary or
.....'"......
an involuntary loss of employment shall the Husbmd' s inCOJre from other
sources, such as dividends, interest, disability, social security or other
benefits which would norrrally be considered income pursuant to the laws of the
CoImnonwealth of Pennsylvania be factored in arriving at the modified amount of
support. '!his child support obligation shall cease upon Husband's death;
however, to insure a continuation of support, the Husband agrees that he will
naintain term life insurance policy with Wife and the children as co-
-- ~ .._._-_.+~--_.-.. ---_._._~-~._------_.... .--.-..- .--- ...--..-..
_~:!.~ciaries unt:.il__h~_ shal~ have no. f~er: chi~_cl_sl.lP~J:!.o.l?.l~9.~ti.o~n
hereunder in the mininlUlll amount of $ ~,_0.90~0_ long as he is physically
qualified to purchase said insurance. In addition Husband shall continue
to provide medical insurance coverage for the minor children.
4
4. ALIl1JNY: Ilusbm'rl ilgrecs to pay alimony to wife in the current
amount of $1,365.00 ~r ronth. Both parties ilcl:na..:ledge that this aJOClunt of
alimony is reasonable given their n!sp'-"'--tive net incCJJ1'o8 as of the date of the
J\greel1'ent an:! the nurital property allocated to each. The parties acknowledge
that circumstances may change in the future which nny warrant a rrodification
of the aJrOUJ1t of alimony. The parties agree that the Court shall retain full
jurisdiction of the alimony order and that this paragraph may be mo::lified by
subsequent Court Order an:! that nothing contained herein shall be construed to
make the alimony or the child suppert enforceable as a separate contract
right. In calculating the Husband's net income, the figure utilized for same
shall be the aJOClunt reflected on Husbard' s pay statement from Penn State-
Geisinger Health System, or other earned income with deductions allowed for
federal, state and local taxes, health insurance and all other non-voluntary
deductions. /my employment benefits, dividend or investment income shall not
be calculated as Husband's income.
Beginning February I, 2000 the aforementioned sum shall be adjusted
annually to reflect the changes, if any, in the Consumer Price Index (V. s. )
City Average Index) for the 12 months preceding January 1 of each year, as
published .in the Wall Street Journal, provided;
A) that the adjustment shall not exceed the percentage of net salary
change experienced by Husbard on the same year to year basis. The parties
reco;rnize that, in the event of a loss of income, the aJOClunt of alimony may
decrease. This alimony shall terminate at the earlier event of; Wife's death,
Husband's death, wife's remarriage or Wife's co-habitation, or seven (7) years
from the date of first payment hereunder.
5
B) the payrrcnts to be made hereunder are interdoo by tho parties to
constitute alimony under IRe 71, an:! as such, too be included in Wife's income
ard deductible by the Husband.
5. ~. Except for the debts an::! obligations created hereunder,
each party agrees to pay and hereby agrees to hold the other hannless from any
ard all personal debts and obligations incurred by him or her subsequent to
the date of separation which shall IY" considered as of the date of this
agreement. If any claim, action or proceeding is hereafter brought seel:.ing to
hold the other party liable on account of such debts or obligations, each
party will at his or her sole expense defard the other party against any such
claim, action or proceedings, whether or not well-founded, ard irdelN'lify the
other party against any loss or liability resulting therefrom.
6. Eau5;-"hle Prooerty. This agreerrent constitutes an equitable
division of the parties' marital property. The parties have determined that
the division of this property conforms with re;jarO to the rights of each
party. The division of existing IT\3Iital property is not intended by the
parties to constitute in any way a sale or exchange of assets, and the
division is being effectuate:l without the intro::luction of outside funds or
other property not constituting the matrimonial estate.
Each party hereby acknowle:lges that this agreeJll'>...nt adequately provides
for his or her needs and is in his or her best interest, and that the
agreement is not the result of any fraud or undue influence exercised by
either party upon the other or by any other person or persons upon either
party. Both parties hereby waive the following procedural rights:
6
A. 'Ille right to obtain an inventory and appraisement of all marital
and separate property as defined by the Pennsylvania Divorce cede.
B. 'Ille right to obtain an income and expense staterrent of the other
party as provided by the PennSylvania Divorce Cede.
C. 'Ille right to have the court determine which property is marital
and which in non-marital, and equitably distributable between the parties that
property which the court determines to be marital.
D. '!he right to have the court decide any other dghts, remedies,
privileges, or obligations covered by this agreement, includirq but not
limited to possible claims for divorce, spousal support, alimony, alimony
pendente lite (temporary alimony), am counsel fees, costs am expenses.
Each party acknowledges that steven J. Fishman, has acted JI"i"'..rely as scrivener
of this agreement, documentirq the mutual desires of the parties. Each party
acknowledges that said scrivener has advised each party of the advisability of
having this Agreement reviewed by an attorney to determine whether or not the
mutual agreements herein contained are the IT\Ost favorable which such party
might otherwise anticipate under the laws of the Commonwealth of Pennsylvania
with respect to division of marital property, alimony, child support and the
other issues herein contained. Each party has either obtained such legal
review or has, without coercion determined to waive such review. The scrivener
has made no assurances of any type whatsoever that the terms hereof are
particularly beneficial to either party.
7. Release of All Claims. Each party, except as otherwise provided for
in this Agreement, releases the other from all claims, liabilities, debts,
7
obligations, actions an:l causes of action of every boo that have been
incurred, or IMY be incurred, relating to or arising from the marriage between
the parties, including waiving any claim to their respective p->...nsions or
retirement a=unts. HCMever, neither party is relieved or discharged from
any obligations under this Agreerrent or under any instrument or document
executed p.m;uant to this Agreement. Further, each party waives any interest
against the estate of the other, arising out of rights under the Intestate law
or the Divorce Cooe, Act 26 of 1980, as amended, or arising by any nature
whatsoever, excepting only those rights a=rded to the parties hereunder.
8. Breach. If either party breaches any provision of this Agreement,
the other party shall have the right, at his or her election, to sue for
daIrages for such breach, an:l seek any other remedy allowed in law or equity.
'!he party breaching this contract shall be responsible for the payment of
legal fees an:l costs incurred by the other in enforcing his or her rights
under this Agreement, or seeking such other remedy or relief as IMY be
available to him or her. Waiver by one party of any breach of this Agreement
by the other party shall not be deemed a waiver of any subsequent, similar
breach or other breaches.
9. Full Disclosure. Husband and wife each represent and warrant to the
other that he or she has I1'ade a full and complete disclosure to the other of
all assets of any nature whatsoever in which such party has an interest, of
the source an:l amount of the income of such party of every type \oJhatsoever and
all other facts relating to the subject m'ltter of this Agreement.
10. Divorce. '!his Agreement shall not be construed to affect or bar
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the right of either Husband or Wife to a true and absolute divorce on legal
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and truthful grourds as they now exist or roy hereafter arise. It is
un:lersto:xl, however, that Wife, as of the signin::J of this Agreezrent, has filed
an action in divorce in the Court of COImlOn Pleas of CUmberlam County, in
Which he alleges that the rrarriagc is irretrievably broken. B::lth P3rties
un:lerstan:l an:::! agree that Wife shall continue to pursue said divorce on the
grounds that the marriage is irretrievably broken, an:::! t.'1at both P3rties will
execute, deliver and file the necessary dfCidavits and all other petitions or
docurrents necessary to effectuate the divorce pursuant to Section 3301(0) of
the Divorce Code. Husband agrees that the marriage is irretrievably broken.
11. Reore.sentation of Parties bv Cotln<:el. Each party has had the
OPPOrtunity to have legal counsel to represent each of them in the negotiation
an:::l preparation of this Agreerrent and has either been so represented or has
voluntarily chosen not to be represented. Each P3rty has carefully read this
Agreement an:::! is completely aware, not only of its contents, but also of its
legal effect.
12. Additional Inst!UJn!onts. Each of the P3rties shall on denand or
within a reasonable periexl thereafter, execute and deliver any and all other
documents and do or cause to be done any other act or thing that may be
necessary or desirable to effectuate the provisions and ptlr]:'OSeS of this
Agreement. If either P3rty fails on denand to comply with the provision, that
party shall pay to the other all attorneys' fees, costs and other expenses
reasonably incurred as a result of such failure.
13. MexlifiC'ltion am Waiver. Mexlification or waiver of any provision
of this Agreerrent shall be effective only if In3de in writing and executed with
the same formality as this Agreerrent. The failure of either party to insist
9
upon strict performance of any of the provisions of this Agreement shall not
be construed as a waiver of any subseqUent default of the sarre or similar
nature.
14. r".".,,-intive Headings. 'The descriptive headin;Js used herein are for
convenience only. 'They shall have no effect I-Ihatsoever in detenninin;J the
rights or obligations of the parties.
15. Governing laW. 'Il1is Agreement shall be governed by an:! shall be
construed in a=rdance with the laws of the commonwealth of Pennsylvania.
16. Order of Court. With the approval of any court of ~tent
jurisdiction in which any divorce proceedin;J Il'aY now be penclin;J or which Il'aY
hereafter be instituted, this Agreement shall be incorporated in any decree of
absolute divorce which Il'aY be p3.ssed by said court.
IN wrmESS W!lEREX)F, intending to be legally bound hereby, the parties
hereto have hereunto set their hands and seals the day and year first above
written.
(SEAL)
(SEAL)
10
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6)
7)
EXHIBIT "A"
1)
2)
Residence lo:::ated at 23 SJ.:yline Dr., l1echanicsburg, PA.
SUch household furnishings as the parties shall determine mutually
agreeable a listing of Which shall be attached hereto and incorporated
herein as Exhibit. CO.
r.."sed 1998 Suburban.
OlecJdng an:I/or savings a=unts currently in Wire's .'"lame.
1967 Mustang
1972 Mustang Convertible
IRA in Wife's name.
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EXHIBIT "B"
1) SChedule of vehicles and hoosehold furnishings attached as Exhibit D.
2) American FUnds AcCt. #61169842. (Value approX. $4,400)
3) TSA Ac:c:c:mrt: (value approX. $71,000).
4) First :InVestors (Value approx $1,500).
5) ReSidence at 10 Wheatland Drive (SUbject to all liens an:! encumbrances
on the subject property) .
6) 01ec:Jdrq and savings a=unts currently in name of Husbarrl.
7) IRl\ in Husbarrl's name.
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MARl BETH J.R. BUCHER,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
V.
ROBERT W. BUCHER,
DEFENDANT
: 98-5834 CIVIL TERM
AND NOW, this
ORDER OF COURT
,() day of July, 2001, IT IS ORDERED that a
hearing shall be conducted on the within petition to enforce a marital settlement
agreement at 1:30 p.m., Wednesday, September 26,2001, in Courtroom Number
2, Cumberland County Courthouse, Carlisle, Pennsylvania.
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Edgar B. Bayley, J/
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Susan Kay Candiello, Esquire ~
For Plaintiff C .
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Barbara Sumple-Sullivan, Esquire
For Defendant
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Robert W. Bucher
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DECREE IN
DIVORCE
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AND NOW,
if is orderod and
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decreed that ....... .Ma;r:.ibeth. .J, R..Buch.er
and. . . . . . . . . . . . . . . . . . . . . . RPbert. .w. . Buche;r:
are divorced from the bonds of matrimony.
plaintiff,
defendant,
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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; VO'I'f.
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MARRIAGE SE:ITUMEl IT AGRElliENI'
'lliIS J\GRlIDID'IT, IMde this 2~c'cIaY ot\Jlov~~ ' 1998, by and
between ROBERT W. BUOIER, JR., hereinafter called Husbard, and MARIBEIll J.R.
WOiER, hereinafter called Wife;
wrrnESSE'Ill :
WHEREAS, Husbard and Wife are lawfully married; and
WHEREAS, differences have arisen between Husband and wife in consequence
of which they have determined to live separate and apart from each other and
agree to consent to the entry of a no-fault divorce; and,
WHEREAS, Husband and Wife desire to settle and detennine their rights
and obligations.
NOO, 'IHEREFORE, the parties, intending to be legally bound hereby, agree
as follows:
1. Senarati.QD. It shall be lawful for each party at all tilnes
hereafter to live separate and apart from the other at such place as he or she
nay from time to time choose or deem fit. The foregoing provision shall not
be taken as admission on the part of either party of the lawfulness or
unlawfulness of the causes leading to them living apart. Each party shall be
free fram interference, authority and control, direct or indirect, by the
other as fully as if he or she were single and unmarried. Neither shall
m:>lest the other or c:onpel or endeavor to carrpel the other to cohabit or dwell
with him or her.
2. Division of Property. Wife acknowledges receipt of the items of
property identified on the attached Exhibit "A". Husband shall retain as his
1
property the items identificxl on the attached Exhibit "B". In addition
thereto :
A. '!he parties agree that they shall file a joint tax return Cor 1998. lIusband
shall assurre sole liability for any and all incorre taxes due Cor the tax year
1998 and prior years and hereby indemnifies wife against any liability
therefor.
B. Husban:l Agrees to deliver to wife, upon closing of Wife on the property at
23 Skyline Drive, Mechanicsburg the sum of Seventy Thousand ($70,000.00)
Dollars and to waive any interest in the $5,000 down payment provided by
Husband for Wife's purchase of the Skyline Drive property.
C. Husban:l shall, =ntemporaneously with the execution of this Agreement
execute a Note in favor of Wife in the amount of One hundrcxl 'IWenty-five
Thousand ($125,000) Dollars due and payable as follaws: Payments of six
Hundred 'lWenty-Five ($625) Dollars per month beginning one month from the date
of relocation of Wife to the Skyline Drive property, to be applied to interest
at the rate of six (6) per cent per anm.nn, and continuing for sixty (60)
m::>nths at which ti1ne all principal and unpaid interest shall be due and
payable.
D. The parties acknao'lledge that Husband shall be entitles to claim each of
the minor children as dependants on all future income tax returns.
E. '!he parties acknowledge that have heretofore established an a=unt with
Merril-Lynch (#872-43039) which they have funded to assist with the children's
=l10ge educations. The parties agree to maintain such fund for the benefit of
the children and to use the funds for said educational purposes only.
2
F. 'll1e parties acknowledge that the properties set aside to each shall be the
sole and separate property of the party taking possession of same.
G. The parties agree that they waive any claim and all interest in the other's
retirement and any and all assets assigned to the other hereuroer and agree to
sign any docurrentation reasonably requested to effectuate this waiver of
interest.
3. arrrn CUSTODY: The parties agree that they shall share legal
custody of their four children: Mari.beth Jo Bucher, born November 22, 1983,
samantha L. Bucher, born February 3, 1986, Robert W. Bucher III, born August
3, 1989 and Joseph R. Bucher, born February 12, 1992. Wife shall have pri.1naIy
physical custexly of parties' minor children. Husbard shall have liberal
partial physical custexly and visitation rights. The parties acknowledge their
mutual concern that Husband and Wife each play a significant role in the lives
of the children.
4. CHIID SUProRI': Husband agrees to pay child support for the
parties I minor children in the amount of 1\>10 Thousand six Hundred and
Forty($2,640.00) Dollars per month to be effective upon wife's relocation to
the Skyline Drive property. Both parties acknowledge that this amount of child
support is reasonable given their respective net incomes as of the date of
this agreement and the marital property allocated to each. The parties
acknowledge that circumstances may change in the future which would warrant a
modification of the child support. The parties agree that the Court shall
retain full jurisdiction over the child support and that this paragraph may be
modified by subsequent Court Order. The child support shall continue until
such time as the children, or any of them become emancipated, becomes self-
3
supportin;J, attains the age of eighteen years or resides with Husband full-
tine, which ever of the aforesaid events first ~rs.
Husband agrees that, in reference to the support obligation, he will
provide full medical coverage as available through his employment and agrees
that for any unreilnbursed medical, dental, optical, prescription, and
orthodontic expenses not paid for by his (or Nife's, if she maintains any)
health insurance coverage, he will pay one-half of such amount.
In reference to a mcx:lification of this Order, Husband agrees that, upon
request from Nife, he will submit information in regard to his salary on an
annual basis. In calculating any adjustment in child support, the Husband's
net income from his employment shall be the only amount considered, unless
Husband suffers a voluntary or an involuntary reduction in in=ne due to
illness, loss of employment, et cetera. Only in the event of a voluntary or
an involuntary loss of employment shall the Husband's in=ne from other
sources, such as dividerx:ls, interest, disability, social security or other
benefits which would nonrally be considered income pursuant to the laws of the
Commonwealth of Pennsylvania be factored in arriving at the mo::Iified amount of
support. '!his child support obligation shall cease upon HUSband's death;
however, to insure a continuation of support, the Husband agrees that he will
maintain tenn life insurance policy with Nife and the children as co-
beneficiaries until he shall have no further child support obligations
hereunder in the minimum amount of $ 500,000 so long as he is physically
qualified to purchase said insurance. In addition Husband shall continue
to provide medical insurance coverage for the minor children.
4
4. AUMc'lNV: Husband agrees to pay alimony to Wife in the current
aoount of $1,365.00 per rronth. Both parties acl:nowlcdge that this am:lUJ1t of
alim:my is reasonable given their respective net income as of the date of the
A9.=Illellt and the marital property allocated to each. 'The parties acknowledge
that circumstances may change in the future I.'hich may warrant a modification
of the am:lUJ1t of alimony. 'The parties agree that the Court shall retain full
jurisdiction of the alimony order and that this paragraph may be modified by
subsequent Court Order and that nothing contained herein shall be construed to
make the alimony or the child support enforceable as a separate contract
right. In calculating the Husband's net income, the figure utilized for same
Geisinger Health System, or other earned income Idth deductions allowed for
shall be the aJOClunt reflected on Husband's pay statement from Penn State-
be calculated as HUSband's income.
deductions. Any enployment benefits, dividend or investIrent income shall not
federal, state and local taxes, health insurance and all other non-volunt<u:y
Beginning Februaxy 1, 2000 the aforementioned sum shall be adjusted
annually to reflect the changes, if any, in the Consumer Price Index (U. S. )
City Average Index) for the 12 months preceding January 1 of each year, as
published in the Wall Street Journal, provided;
A) that the adjustment shall not exceed the percentage of net salary
change experienced by Husband on the same year to year basis. '!he parties
recognize that, in the event of a loss of income, the amount of alimony may
decrease. 'This alimony shall tenninate at the earlier event of; Wife's death,
Husband's death, Wife's remarriage or Wife's CO-habitation, or seven (7) years
from the date of first payment hereunder.
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B) the payments to be made hereurder are intended by the parties to
constitute alimony under IRe 71, and as such, too be included in Wife's incane
and deductible by the Husband.
S. ~. Except for the debts and obligations created hereurder,
each party agrees to pay am hereby agrees to hold the other hannless fran any
and all personal debts and obligations incurred by him or her subsequent to
the date of separation which shall be considered as of the date of this
agreement. If any claim, action or proc:eeding is hereafter brought seeking to
hold the other party liable on account of such debts or obligations, each
party will at his or her sole expense defend the other party against any such
claim, action or proceedings, whether or not well-fourded, and indemnify the
other party against any loss or liability resulting therefrom.
6. Eauir"hle Property. This agreement constitutes an equitable
division of the parties' marital property. The parties have detennined that
the division of this property conforms with regard to the rights of each
party. The division of existing n>arital property is not intended by the
parties to constitute in any way a sale or exchange of assets, am the
division is being effectuated without the introduction of outside fund... or
other property not constituting the ootrimonial estate.
Each party hereby acknowledges that this agreement adequately provides
for his or her needs and is in his or her best interest, and that the
agreement is not the result of any fraud or UJ1due influence exercised by
either party upon the other or by any other person or persons upon either
party. Both parties hereby waive the following proc:edural rights:
6
A. The right to obtain an inventory and appraisement of all =ital
and separate property as defined by the Pennsylvania Divorce Cede.
B. The right to obtain an income and expense staterrent of the other
party lIS provided by the Pennsylvania Divorce Code.
C. The right to have the court detennine which property is =ital
an:! Which in non-marital, and equitably distributable between the parties that
property which the court determines to be marital.
D. The right to have the court decide any other rights, remedies,
privileges, or obligations covered by this agreement, including but not
limited to possible claims for divorce, SPOusal support, alimony, alimony
pendente lite (tenporary alimony), and counsel fees, costs and expenses.
Each party acknowledges that Steven J. Fishman, has acted merely as scrivener
of this agreement, documenting the mutual desires of the parties. Each party
acknowledges that said scrivener has advised each party of the advisability of
having this Agreement revieWed by an attorney to detennine whether or not the
mutual agreements herein contained are the most faVorable which such party
might otherwise anticipate under the laws of the Commonwealth of Pennsylvania
with respect to division of rrarital property, alimony, child support and the
other issues herein contained. Each party has either obtained such legal
review or has, without coercion detennined to waive such review. The scrivener
has made no assurances of any type whatsoever that the tenns hereof are
particularly beneficial to either party.
7. Release of All Clairn.<;. Each party, except as otherwise provided for
in this Agreement, releases the other from all claims, liabilities, debts,
7
-.---..-----..--. ..
obligations, actions and causes of action of fNery Idnd that have been
i.ncurred, or roy be incurred, rclatirq to or arisirq tram the rorriage between
the parties, including waivirq any claim to their respective pensions or
retirement accounts. HowfNer , neither party is relifNed or discharged fran
arrj obligations under this Agreement or under any instrument or document
executed pursuant to this Agreement. Further, each party waives any interest
against the estate of the other, arisirq out of rights under the Intestate law
or the Divorce Code, Act 26 of 1980, as amended, or arisirq by any nature
whatsoever, excepting only those rights a=rded to the parties hereunder.
8. Rreach. If either party breaches any provision of this Agreement,
the other party shall have the right, at his or her election, to sue for
damages for such breach, and seek any other remedy allowed in law or equity.
'!he party breaching this contract shall be responsible for the payrrent of
legal fees and costs incurred by the other in enforcing his or her rights
under this Agreement, or seebrq such other remedy or relief as may be
available to him or her. Waiver by one party of any breach of this Agreement
by the other party shall not be deemed a waiver of any subsequent, similar
breach or other breaches.
9. Full Disclosure. Husband and Wife each represent and warrant to the
other that he or she has made a full and corrplete disclosure to the other of
all assets of any nature whatsoever in which such party has an interest, of
the source and amount of the incorre of such party of every type whatsoever and
all other facts relating to the subject matter of this Agreement.
10. Divorce. '!his Agreement shall not be constnled to affect or bar
the right of either Husband or Wife to a true and absolute divorce on legal
8
an::! truthful grounds as they now exist or lII3Y hereafter arise. It is
un::Ierstoocl, however, that Wife, as of the signing of this Agreerrent, has filed
an action in divorce in the Court of Carmon Pleas of CUmberland County, in
which he alleges that the narriage is irretrievably broken. Both parties
un::Ierstand and agree that Wife shall continue to pursue said divorce on the
grounds that the narriage is irretrievably broken, and that both parties will
execute, deliver and file the necessary affidavits and all other petitions or
documents necessary to effectuate the divorce pursuant to Section 3301(c) of
the Divorce Code. Husband agrees that the lII3rriage is irretrievably broken.
11. Represenbotion of Parties by Coun.<;el. Each party has had the
opportunity to have legal counsel to represent each of them in the negotiation
and preparation of this Agreement and has either been so represented or has
voluntarily chosen not to be represented. Each party has carefully read this
Agreerrent and is COllpletely aware, not only of its contents, but also of its
legal effect.
12. Additional Instnnnents. Each of the parties shall on derrancl or
within a reasonable pericx:l thereafter, execute and deliver any and all other
documents and do or cause to be done any other act or thing that may be
necessary or desirable to effectuate the provisions and plllpOSeS of this
Agreement. If either party fails on denancl to comply with the provision, that
party shall pay to the other all attorneys' fees, costs and other expenses
reasonably incurred as a result of such failure.
13. Mcx:lification and Waiver. Mcx:lification or waiver of any provision
of this Agreement shall be effective only if lII3de in writing and executed with
the same formality as this Agreement. The failure of either party to insist
9
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EXHIBIT "A"
1) Residence located at 23 Skyline Dr., Mechanicsburg, PA.
2) SUch household furnishings as the parties shall determine mutually
agreeable a listing of which shall be attached hereto and incorporated
herein as Exhibit. C'.
3) Tp~~ 1998 Suburban.
4) <J1ecki.ng and/or savings a=unts currently in Wife's name.
5) 1967 Mustang
6) 1972 Mustang Convertible
7) IRA in Wife's name.
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MARl BETH J R BUCHER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
CIVIL ACTION. LAW
ROBERT W BUCHER,
Defendant
NO. 98.5834 CIVIL TERM
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:
1. Ground for divorce: irretrievable breakdown under Section 3301 (c) and
3301 (d) of the Divorce Code.
2, Date and manner of service of the Complaint: Defendant signed an
Acceptance of Service on October 14,1998
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 on January 19, 1999; and Defendant on January 14,
1999.
B. (1) date of execution of the Plaintiffs Affidavit required by Section
3301 (d) of the Divorce Code: nla
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(2) date of service of the Plaintiffs Affidavit upon the Defendant:
4. Related claims pending: None.
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)(1 )(1) of the Divorce
Code: None served as the parties signed the Waiver of Notice. (Defendant on January 14,
1999 and Plaintiff on January 19, 1999).
......
Res lIy submitted,
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Plaintiff
. IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
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II RO~~'RT W BUCHER,
!, Defendant
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: CIVIL ACTION - LAW
. NO.1 j. \'i'~'1 CIVIL
: IN DIVORCE
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NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set
forth in the following pages, you must take prompt action. You are warned that if you
fail to do so, the case may proceed without you and a decree of divorce or annulment
may be entered against you by the court. A judgment may also be entered against you
for any other claim or relief requested in these papers by the Plaintiff. You may lose
money or property or other rights important to you, including custody or visitation of
your children.
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 at the Cumberland County Court House,
Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF
YOU DO NOT HAVE AN ATTORNEY 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
Telephone: (717) 249-3166
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Ii understand that false statements herein are made subject to the penalties of 18 Pa
II
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I verify that the statements made In this Complainl are true and correct.
C.S. 1} 4904, relating to unsworn falsification to authorities,
~he-+?\7fR~WA
MARl BETH J R BUCHER
Date:
10 / / J, /fg
.
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,
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il MARIBETH JR, BUCHER,
I' Plaintiff
Ii
Ii v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98.5834 CIVIL TERM
Ii
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II
II
II
I
,
ROBERT W. BUCHER,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT, ACCEPTANCE OF
SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(C) of the Divorce Code was
filed on October 13, 1998.
2. Defendant acknowledged receipt and accepted service of the Complaint
on October 14, 1998.
3. The marriage of the Plaintiff and Defendant is irretrievably broken and
ninety days have elapsed from the date of the filing of the Complaint.
4. I consent to the entry of a final decree in divorce without notice.
5. 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.
6. I understand that I will not be divorced until a Divorce Decree is entered
by the Court and that a copy of the Decree will be sent to me immediately after it is filed
with the Prothonotary.
7. I have been advised of the availability of marriage counseling and
understand that I may request that the court require counseling. I do not request that
the court require counseling.
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~ tft thoriti~ )
/ y~ 1'1J,~~'~1
Date: 1/I1/q</ / '?(,rrv-
I ROBER' W. BUCHER
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MARIBETH J.R BUCHER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO, 98-5834 CIVIL TERM
Ii
II
I
I
I
I
i
ROBERT W BUCHER.
Defendant
IN DIVORCE
4. I consent to the entry of a final decree in divorce without notice.
,
I
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I
AFFIDAVIT OF CONSENT, ACCEPTANCE OF
SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301 (C) of the Divorce Code was
filed on October 13, 1998.
2. Defendant acknowledged receipt and accepted service of the Complaint
on October 14, 1998.
3. The marriage of the Plaintiff and Defendant is irretrievably broken and
ninety days have elapsed from the date of the filing of the Complaint.
5. 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.
6. I understand that I will not be divorced until a Divorce Decree is entered
by the Court and that a copy of the Decree will be sent to me immediately after it is filed
with the Prothonotary.
7. I have been advised of the availability of marriage counseling and
understand that I may request that the court require counseling. I do not request that
the court require counseling.
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: ;//?,/CJf'
I
Ii; ,,' , 1,.-. I c 1 .L~ \ 1\
MARIBETH J.R. BUCHER
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BAHBAHA Str!'oII'LE-SllLLIVAN
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J'1I0~1; 1717) 77 H . 1:'\
F.\.\ pH) 77 1.70:'\11
July 1(,,2001
Thc Ilonorablc Edgar H. Hay Icy
Cumbcrland County Courthousc
Onc Counhousc Squarc
Carlislc, I' A 170 I J
Re: Bucher \', Bucher
.'io. 98-5834 Ch'i/ Term / CUlllherl:llId County'
Dcar Judgc Baylcy:
I am in rcccipt or YOUI' Ordcr datcd July 11.200 I. I must rcspcctlidly rcqucst it bc rcscindcd
pcnding issuancc or a rulc and/or somc othcr basis Il,r considcration or Dr. Buchcr's rcsponscs.
Also, sincc all or thc mattcrs had bccn scttlcd by thc panics pursuant to thcir Marital Scttlcmcnt
Agrccmcnt and thc divorcc was concludcd appro.ximatcly two ycars ago, I do not bclicvc thcrc cxists
any "marital" propcrty to bc subjcct to thc injunction providcd lor thc Divorcc Codc. At thc vcry
Icast, I ask lor a clarification ol'thc spccific naturc ol'thc asscts which arc dccmcd to bc subjcct to
your July II, 200 I Ordcr.
I rcspcctfully rcqucst that an in chambcrs conlcrcncc bc schcdulcd to rcvicw this mattcr
pcnding hcaring in Scptcmbcr or somc othcr procccding bc institutcd lor rcsponsc and rcvicw.
Your considcration in this rcgard is apprcciatcd.
Barbara Sumplc-Sullivan
BSSlld
cc: Susan Kay Candicllo. Esquirc
Dr. Robcrt W. Buchcr, Jr.
MARIIIETII .I.R. IIUCIIER,
PLAINTIFF
IN TilE COURT OF COMMON PLEAS OF
CUMIIERLANU COUNTY.
I'ENNSYLVANIA
VS.
ROIIERT W,IlUCHER,
DEFENI)ANT
NO. 9H.5H34
CIVIL ACTION - LAW
IN DIVORCE
ORnER
AND NOW. this .~ day of
q .: j '~A.I'
, 200 I. upon consideration of
the Plaintiff. MARIIJETH B, J.UCENTE (formerly known as Maribeth J.R, Bucher) and
Defendant, ROBERT W. BUCHER, .IR.'S attached Settlement Agreement and Release in the
above action. it is hereby ORDERED and DECREED that the SETIJ.EMENT AGREEMENT
AND REJ.EASE is entered as an Order of the Court.
,/
BY THE COURT:)
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A, Maritnl Propert.v Dr. Buchcr shall ~ivc In Mrs. Llll'cnlc thc follnwiu~: (This
exchangc nf propcrt.v shall II(' rompleted within thirt.v (30) da.vs followiug thc cxccution of this
agrccmcnt.)
(I) Thc dnuble framc aud lop of Ihe Emaljunne Stroller;
(2) Family photographs and fmnily videos: The parties
daughters. Maribeth and Samantha, shall assist Dr. Bucher to
gather together all family photographs and t;1mily vidcos. Dr.
Bucher shall bring those family photographs and family videos and
Mrs. Lucente shall bring any f:lmily photographs she has to a
neutral meeting place previously agreed upon by the parties. The
parties shall arrange for a meeting to exchange the family
photographs and family videos, meeting to take place within two
(2) weeks of the execution of this Agreement, where the parties
shall review and equally divide the family photographs and family
videos.
(3) 1984 Ford Mustang: Dr, Bucher agrees to take
responsibility for having the Mustang in good working condition
and able to pass inspection, (this shall include the inside roof
lining), Mrs, Lucente agrees to register the Mustang in her name,
Once the Mustang is registered, Mrs. Lucente shall take the
Mustang for inspection, If the Mustang fails to pass inspection for
any physical reason, Dr, Bucher shall pay to have any and all
rcpairs thatnccd complctcd to cnablc thc Mustaug to pass
inspcctiou.
(4) Baretta. a gift from Dr. Buchcr to Mrs. Lucentc, aud
Mrs, Lucente's 38 Service revolvcr. The Baretta is registercd in
Dr. Bncher's name. Upon receipt of the Baretta, Mrs. Lucente
agrees to take immediate action to have the Baretta registered in
her name. Mrs. Lucentc agrees to keep these guns in her safe
deposit box so they are not in the home with the children;
(5) Dr. Bncher agrees to remove Mrs. Lucente's name
from the title of the 1989 Chevrolet Suburban. and destroy the
vanity plates on this vehicle and obtain new plates,
B. Medical, Psychological, Dental, Orthodontia and Vision Expenses
(I) With respect to all outstanding medical. psychological.
dental. orthodontia and vision expenses the parties' children
incurred from the time of the parties' separation through December
31,2000, the parties agree Dr. Bucher shall pay to Mrs, Lucente
the sum of Four Thousand Dollars and No Cents ($4,000,00) to be
paid in monthly payments of One Hundred Dollars and No Cents
($100,00) each month for two (2) years or twenty-four (24) months
to begin on September \,2001. This payment to be inclnded with
the monthly child support payment and enforced and paid through
Domcstic Rclations. (Plcasc scc copy of Agrccd Ordcr of Support
allachcd at Exhibit "A ");
(2) Dr, Buchcr has cxccutcd a Promissory Notc whcrcby
the rcmaining One Thousand Six Ilundrcd Dollars and No Cents
($ 1,600.(0) shall bc paid on or bcforc Scptcmbcr 1.2003. in a
balloon paymcnt from Dr. Buchcr to Mrs. Luccntc. (Plcasc sce
copy of Promissory Notc allached at Exhibit "B".);
(3) Dr. Bucher paid to Mrs. Lucente thc sum of Six
Hundrcd Fifly Six Dollars and Twenty Cents ($656.20)
representing his portion of the uncovered medical. psychological.
dental. orthodontia and vision expenses incurred from January I.
2001 through July 31. 2001.
(4) Decisions for medical. psychological. dental,
orthodontia and vision treatmcnts and interventions for the parties'
children shall be rcached jointly betwcen Dr, Bucher and Mrs,
Lucente. Mrs, Lucente shall provide Dr, Bucher with prior notice
of any child's condition requiring treatment, appointments. plans
for care and treatment, and costs for same. (Prior notice shall not
include health prevention and health wellness visits for the
children.) Either party may make unilateral decisions in an
emergency. but thcy must then contact the other party as soon as
they are able to share all pertinent information and begin again to
shure the decision making process for the child's care and
treatmcnt. If the parties are unable to real'll an amicable decision
regarding the care and treatment of thcir child. they agree to
identify an expert in that particular arca of disputc and the parties
agree to follow the expert's opinion for treatmcnland intervention.
(Despite the fact Dr. Bucher is a physician, hc is an involved party
in this decision making process and is not an expert inlhc lIrcllS
involving the children. For those and additional reasons, Dr,
Bucher's opinion shall be given no more weight than Mrs,
Lucente's opinion.)
Thc parties shall continue 10 share equally (50/50) all
uncovered medical, psychological, dental. orthodontia and vision
expenses, Each month on or about the last day of the month. Mrs.
Lucente shall provide Dr, Bucher with receipts for all uncovered
medical, psychological, dental, orthodontia, and vision expenses
she incurred for the children that month. Dr. Bucher agrees to pay
to Mrs. Lucente his portion of the uncovered expenses within thirty
(30) days of his receipt of the receipts for the uncovered expenses,
C. Communication I Interaction I Responsibility of Parties The parties will
eontinue to communicate with each other eoncerning the children as is necessary for the
children's best interests and welfare, Dr, Bucher will share directly with Mrs. Lucente on or
before the third week of each month his proposed visitation schedule for the parties' children for
the following month. Mrs. Lucente will conlinue to use [,mail to provide Dr. Bucher with
information about the children. Dr, Buchcr is encouraged 10 respond to thcse E-nmils. Mrs.
Lucente and the children will try to pagc and/or tclcphone Dr, Buchcr early in the morning in the
hour of 7:30 a,m. and 8:30 a.m, Dr, Bucher will allempt to rcspond to Mrs. Luccnle's and the
children's pages during this hour or, if hc is unablc to respond during this hour. at the end of his
day,
D, Life Insurance Policy Dr. Bucher shall change thc beneficiary for the $500,000.00
life insurance policy from his brother. James B. Bucher, to Mrs, Maribeth Lucente as the trustee
for the parties' four (4) children. Said designation of Mrs. Lucente as trustee for the benefit of
the parties' children shall be required untillhe youngcst child reaches the age of eighteen or. in
the event that the child is enrolled in a formal post high school educational degree program, not
to exceed the youngest child's twenty-second (22nd) birthday, As soon as Dr. Bucher has
evidence of this change, he will provide Mrs. Lucentc with a copy of this life insurance policy,
and every year thereafter at Mrs. Lucente's rcquest.
E. Promissory Note for $125,000.00 Dr, Bucher will provide Mrs. Lucente with a
copy of the promissory note for $125,000,00, as directed in the Marriage Selllement Agreement.
F, Counseling As a result of Dr. Bucher's change in health insurance, Anthea
Stebbins was no longer covered under Dr. Bucher's health insurance, Mrs, Lucente reviewed
possible counselors who were covered under Dr. Bucher's present health insurance and took the
children to see Sally Rooney. The children are comfortable with Sally Rooney and would like
to continue to counsel with her, Dr, Bucher will schedule an appointment to meet and speak
with Sally Rooney to consider agreeing to continue with Sally Rooney as the family counselor
nnd nlso to pnr1icipate in counseling sessions wilh Snlly Rooney himself, lhe children, nnd
possibly Mrs. LUl'elllc, The goals oflhis counseling arc to help the children with their individual
needs nnd pmulellls. help the children in their relationships wilh their mother nnd falher, nnd. if
possible, help Dr, Bucher and Mrs. Lucente with communication skills to be able to
comlllunicnte civilly concerning their children.
G, Time is of the Essence The parties will complete all activities agreed upon in
the above agreement within thirty (30) days from the date of execution of this agreement.
If any of the activities cannot be completed within thir1y (30) days, the responsible par1y will
provide the other pnr1y with evidence they have allempted to complete rhe activity bUI are
delayed by some other individual or obstacle beyond their control. In the event of such a delay,
the party will continue to attempt to complete the activity providing the other par1y with regular
information of their progress and anticipated date of completion,
H, Except as specifically identified in this agreement, all unresolved issues pursuant to
the Marriage Settlement Agreement are settled. The par1ies hereby note and warrant that there
are no remaining outstanding issues of breach which have been brought before the cOUr1 in Mrs.
Lucente's present action for breach of the Mnrriage Selllement Agreement and any such claims
are fully released, remised and settled. The par1ies fUr1her warrant that the child SUppor1 and
custody have been modified pursuant 10 formal independent filings to Docket Numbers 98-5834
and 00-3140, and PACSES Case Number 428102791, However, nothing in this agreement shall
be deemed as an attempt to repudiate the obligations owed by Dr, Bucher to Mrs, Lucente
pursuant to paragraph 2.C. of the Marriage Settlement Agreement for payment of monies due
Mrs, Lucente. Dr, Bucher's ability to take the children as deductions pursuant to Paragraph 2.0.
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MARIA r. COGNElTl & ASSOCIATES
MARIA r, COGNElTl. ESQUIRE
AlIomey I.D. No. 27914
210 Grandvlew A venue, Suile 102
Camp lIi11, I>A 17011
Telephone No. (717) 901).4060
AlIomey, ror PI"int/IT
JOHN E, MUMMA,
Plaintiff
vs,
MAUREEN ANN MUMMA,
Defendant
.
CIVIL ACTION. LAW
IN DIVORCE
IN TI IE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYL VANIA
S8J'f
No. 99-~
INCOME AND EXPENSE STATEMENT
OF
JOHN E. MUMMA
The following is the Income and Expense Statement filed by Plaintiff, John E. Mumma,
Respectfully Submitted:
MARIA p, COGNETTI & ASSOCIATES
2/0 Grandview Avenue, Suite 102
CampHiII,PA 17011
Telephone No. (717) 909.4060
Attorney for Plaintiff
in the above-captioned divorce,
Date: May, e:, ,2002 By:
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(
EXI'ENSES
Weekly Monthly Yenrly
HOME I
Mortgage-1st mortgage 4117,72 1.940,13 23.281.58
Mortgage - 2nd mortgagc__181.14 784.95 9.419.41
Maintenance 55.14 238,93 2.86" ,13
Repairs 131.25 568,74 6.824.82
UTILITIES.
Electric 43,94 190,40 2.284,76
Gas
Oil
Telephone 11.67 50,56 606,66
Water
Sewer
EMPLOYMENT,
Public
Transportation
Lunch 48,08 208,33 2,500,00
TAXES I
Real Estate 35,40 153,38 1.840.59
Personal Property
(Per capita) .19 .82 9,80
Income 7.81 33.83 406.00
Occupational/Self-
Employment Tax 8,20 35.54 426,50
INSURANCE:
Homeowners 14,10 61. 08 733.00
Automobile
Life
Accident
Health
Other
AUTOMOBILE:
Payments
Fuel
Repairs
Maintenance
Licenses .46 2.00 24.00
Registration
Auto Club ,65 2.83 34,00
MEDICAL:
Doctor 7.88 34,17 410.00
Dentist 12.13 52,58 631. 00
Orthodontist
Hospital 1. 35 5.83 70.00
Medicine 78.46 340,00 4.080.00
Special needs
(glasses, braces,
orthopedic
devices) 8.75 37.92 455.00
- 3 -
~
.
EXPENSES
Weekly Monthly Yearly
EDUCATION,
Private school
Parochial school
College
Religious
School lunches
Books/misc.
PERSONAL,
Clothing 19,23 83,33 1. 000,00
Food 75,00 325,00 3.900.00
Barber/hairdresser 4,15 18,00 216.00
Personal care 6,73 29.17 350,00
Dry cleaning 5,77 25,00 300.00
Hobbies 19.23 83.33 1. 000.00
Memberships 3.56 15,42 185,00
CREDIT PAYMENTS:
Credit card
Charge account
LOANS OR DEBTS:
Credit Union
Tractor loan 26,06 112, 91 1.354,86
Mower loan
MISCELLANEOUS:
Household help &
grounds keeping 61,92 268.33 3.220.00
Child care
Camp
Pet expense
Papers/books/
magazines 3, 97 17.20 206,40
Entertainment 34,62 150,00 1.800,00
Pay TV 4.06 17.60 211,16
Vacation 96 ,15 416,67 5.000.00
Gifts 32.69 141. 67 1.700.00
Legal fees 226,47 981.39 11. 776.65
Charitable
Contributions 88.98 385,58 4.627,00
Religious
Memberships
Children I s
Allowances
Other Child
Support
Alimony payments
Lessons for
Children
-4-
.
,
EXI'ENSE&
Weekly
Monthly
OTHER:
P.O. Box
,62
2,67
TOTAL EXPENSES
$ 1.803.53
$ 7.815.28
- 5 -
Yearly
32,00
$ 93.783.32
MOST RECENT TAX RETURN A V AILABLE
~ 1040
Check only
one box.
Exemptions
If more than six
dependents.
see page 20.
O.fMn,....ont of lto. I..n.UI.y_i..I......M RtWOIfI,K1 !:.cf\lILO
U.S, Indlvlduallncomo Tax Return
~@oo
(!fl)
Ik.. \)\11 (,,~.,_I"I "1'11 ..,..~. ,,. \1"",",'1< II... \4-.....11
rOt'thcJ ylla, Jan 1 OIlC, 31, :lOnO. or nt1Wlf lJI. yn.r Illlq,nnmll
You, rl"t name and .",tlal la~t mHm
,1fXX), f!I1f1lrn]
Label
IS..
InsttUCttQn1
on p.ge '91
U.. the IRS
label.
Otherwlso,
pleaso print
or type.
Presldenti.1 CARLISLE. PA 17013
Eledlon Campaign ~ Noto. Checking .Yes" will not change your t<lX or !educe your fllfund.
See e 19. , 00 ou. or our spau..." I' lihn a oint return. Wilnt $3 to 0 (0 thiS fund?
1 Single
Filing Status 2 Married filing JOInt return (even If only one had income)
3 MaUled fIling separate reMo, Enter spouse's SOCIal secutlly no. above and full name here. '" MAURFFN A MUMMA
4 Head of household (WIth qualifying person). (See page 19.) lrthe qualIfying person is a child but not your dependent.
enter this child's name here. ...
Oualif in widow(er) with de endent child ( ear souse died'" ). (See e 19.)
6a []I Yourself. If your parent (or someone else) can ct.lim you as a dependent on his or her tax
return. do not check box 6a
b Souse.
c Dependents:
(1) First ntltre
L
.
.
E
L
MUMMA
JOHN E
II a Jlunt U1tutn. '1IOUW'S filS' nll,nll and I"ltlal
LA..t name
lIome adf1rcu {numlMlllnd ~tll'lltJ II you ha'll!" PO, lIu.. ,>eo flll9lJ 19
Api no
II
E
R
E
PO BOX 158
City. tuwn or pu...t olllen. !>tJilu. IIntl ZIP (,OUlI II ytJu hiiVl' nlmoltJll i\lltlru','i '>I1lI Jll1lJlI 19
..~
5
LISt name
(2) Dependert's
socIal security nll1\ber
(3) oependent's
relationship to
ou
141 '"",'I"l
~llrchldtal
ow SH 20
o
o
o
o
o
o
d Total number of exem tions claimed
Wages. salaries, tips. etc. Attach Form(s) W-2
Taxable Interest. Attach Schedule B if required
Tax-exempt interest. Do not Include on line 8a
Ordinary dividends. Attach Schedule B if required
Taxable refunds, credits, or offsets of state and local income taxes (see page 22)
Alimony received
Business income or 0055). Attach Schedule C or C.EZ .
Capital gain or Ooss). Attach Schedule 0 if required. If not required. check here ~ 0
Other gains or 0055es). Attach Form 4797. . . . . . . . . . . . . .
Total IRA distribuUons _ ~ L-J b Taxable amount (see page 23)
Total pensions and annuities ~ I~b Taxable amount (see page 23)
Rental real estate, royalties. partnerships. S corporations. trusts, etc. Attach Schedule E
Farm income or (loss). Attach Schedule F
Unemployment compensation .
Social security benefits _ I ZOa I I' b ~ax~bl~ a~ou~t (s~e ~ag~ 2Sj
Other income. List type and amount (see page 25) ..u................__...............
Add the amounts in the far ri ht column for lines 7 Ulrou h 21. This is our total income ....
23
24
25
26
27
2.
29
30
3'a
Income 7
8a
Attach b
Forms W.Z and 9
W.ZG here. 10
Also attach
Form(s) 1099.R 11
If tax was 12
withheld, 13
14
If you did not 15a
get a W-2. 16.
see page 21. 17
Enclose, but do 1.
not attach, any 19
payment. Also, 20.
please use
Form 1040.V. 21
22
23 IRA deduction (see page 27) .
24 Student loan interest deduction (see page 27) .
25 Medical savings account deduction. Attach Form 8853
26 Moving expenses. Attach Form 3903
27 One. half of self.employment tax. Attach Schedule SE
28 Self.employed healUl insurance deduction (see page 29)
29 Self.employed SE?, SIMPLE. and qualified plans
30 Penalty on early withdrawal of savings
31a Alimony paid b Recipient's SSN ...
32 Add lines 23 through 31a .
33 Subtract line 32 from line 22. This is our ad.ustcd ross Income
For Disclosure, Privacy Act. and Paperwork Reduction Act Notice. see page 56. MUMMA
Adjusted
Gross
Income
8b
.~
Cat. No. '13208
m O....f. No 1~.~.tYJ74
'lout ,oel,1 MCWtty numbef
198! 32 '7931
Spout. .\oDCI.aIUCUfity numb"f
1 41 8! 66
... Important! ...
You must entm
your SSN(<o) above.
You Spouso
DYe! [XINo DYe. DNa
No. d boles
thetlled on
..and 6b
No. rJyaut
thildten on 6t
who:
. lived with you --L
. did not live with
Jou due to divtw'ce
Of separ.lion
(see ptge 20)
Depel'ldents on 6e
nOl entered .beve -.-JL.
Add ,Unlbers Q
enteledon 1
lines above ...
-L
-L
50 000
9
10
11
12
13
14
15b
16b
17
18
19
20b
21
22
5
1
65 097
65 097
Fo'm 1040 (2000)
'Ofm'104012oo01
Tax and
Credits
34
35.
Pago 2
65 097
3e
Amount trom IIno 33 (ndJu~(fJ(J gto'lS Income) . . .
Ch~ck It; 0 You wr.ln 65 or oIdtir. 0 Blind; 0 Spouse W.1S 65 or older.
Add tflu number of bO,ll;U5 checked above and enter the total here.
b It you IUO mllrried filing slllulralely find your SPOU5fl itemizes deductions. or
you wore it dUiIl.st<us i1luJO. SilO page 31 and chcck her" . ~ 35b 0
enter your Itomllod doducUons flom SChedule A. line 28. or standard deduction shown
on the left. Out see page 31 10 find your standard dcdut1lon If you checkecl iiny hOll on
IlI1ft 3511 or 35b or If somt!onfJ r;11tI c:lmm you as il depl!nchml
SutJtriu:t Itno 36 from linn 34 .
"hne 34 I!) $96.700 m If~S<;, multtply $2.800 by (fie lotill (lumber 01 mlf!mpllons clmrned on
line 6d. If hne 34 is DVl!r $96.100. see the work!ihflct on page 32 for the amount to enter
Tarablo lncomo. Subtract Ilno 38 from line 31. If line 38 is more than line 31. enter .Q.
Tal (see page 32l. Check If any ta.. IS from a 0 Form(s18814 b 0 Form 4912
Alternative minimum tax. Attach Form 6251
Add lines 4Q and 41 .
Foreign lax credIt. AUach Form 1116 if required
CredIt for child and dependtlnl care eXpenSI!s. Altach form 2441
Credit for the elderly or the disabled. Attach Schedule R .
Education credits. Attach Form S863
Child ta.. credit (see page 36)
Adoption credit Atlach Form B839 .
Other. Check if from 8 0 Form 3800
cO Form 8801 d 0 Form (specify)
Add lines 43 through 49. These me your total credits
Subtract line 50 from line 42. If line 50 is more than line 42. enter .0. .
10105
Om,nd.
~ 35.
Standard
OeducUon
for Most
People
Sln!llo;
I~.~OO
Head of
household;
16.450
Married filing
joint';: or
Qualifying
Wldow(er}:
17.350
Married
tiling
separately:
13.675
37
3e
35 33 692
37
~
3ft 2800
39
40 5153
41 4952
42
39
40
41
42
43
44
45
46
47
46
49
43
44
45
46
47
48
~
b 0 Form 6396
Other
Taxes
50
51
52
53
54
65
56
57
49
50
51
52
53
54
55
56
57
~
Self.employment tax. Attach Schedule Sf .
Social security and Medicare tax on tip income not reported to employer. Attach Form 4131
Tax on IRAs. other retirement plans. and MSAs. Attach Form 5329 if required
Advance earned income credit payments from Form(s) W.2 .
Household employment taxes. Attach Schedule H
Add lines 51 throu h 56. This is our total tax
Payments
~
58 Federal income tax withheld from Forms W.2 and 1099 58
59 2000 estimated tax payments and amount applied from 1999 return 59
6001 Earned income credit (EIC) " " 6001
b Nontaxable earned income: amount . _ JIoo I
and type ~ ..............................._...................
61 Excess social security and RRTA tax withheld (see page 50)
62 Additional child tax credit. Attach Form 8812 .
63 Amount paid with request for extension to file (see page 50)
64 Other payments. Check if from a 0 Form 2439 b 0 Form 4136
65 Add lines 58. 59. 60a. and 61 thrau h 64. These are our total
10105
9,984
It you have a
qualifying
child. attach
Schedule EIC,
Refund
.~
66
67.
If line 65 Is more than line 51. subtract line 57 from line 65. This is the amount you overpaId
Amount of line 66 you want refunded to you . . ~
9984
Have it
directly
deposltedl ~ b
See page 50
and firl In 67b. ~ d
61c. and 67d. 68
69
Amount
You Owe
Sign
Here
Joint return?
See page 19.
Keep a copy
for your
records.
Routing number
Account number
Amount of line 66 ou want a lied to our 2001 estimated lak
If line 57 is more than line 65. subtract line 65 from line 57. This is the amount you OWe.
For details on how to pay. see page 51 . . ~
70 Estimated tax enalt. Also include on line 69 . 10
Under penalties of perju'Y. I deolare that I have examined this r"urn and accompanyin9 schedules and statoments, and la the best of my knoYo<edge and
be"ef, they arc true. cDirect. and complcla. Oeol.,.Uon of ",cparer (other than "'payer) Is based on 011 in'onnaUon of which prepare. has .ny kn"",edge.
~ Your signaturo Date Your occupatIon Daytime phone number
MANAGER
Spousc's sIgnature. If ajolnt return. both must sIgn. Dale Spousc's occupation
Savings
Datc
Paid
Preparer's
Use Only
~reparer's ~
slgnaturc ,
Firm's name (or ~ Accountln
yours If selr.employed).
address. and lIP COde 849 S
s
04/13/2001
c
3Phono no.
Fo'm 1040 (2000)
. .
'DIm
2210
OMS No, 1545.0140
Underpayment of
Estimated Tax by Individuals, Estates, and Trusts
Dt~nt 01 u... Tr"ull')' .. See separata Instruction,. Attllchmcnl
InlIlNl R_1It.W s.w:, .. Attach to Form 1040, 1040A, 1040NR.1040NR.EZ. or 1041, S ucnco No 06
Nemoltl shown on tal flllurn IdentJfylng number
JOHN E MUMMA 198.32.7931
Nota: /n most casos, you do nol nned ro fila Form 2210. r/IO IRS will figura .'flY pllflally you owa and sand you a bill. Fila Form
2210 only if onn or mora box". in PM I ,'!,ply 10 YOII, II YOII do nolflond '" filn Form 2210. YOII still moy usn it to figu," your pnnalry.
Entar tho amount from Pan 11/, linn 21. or Pan /\1. line 35. on tho ponalr linn of our fOrum, but do nol nttach Form 2210.
Roasons for Filing-II la. lb. or lc below applies to you. you may be able to lower or eliminate your
penalty. But you must check the boxes that apply and lile Form 2210 with your tax return. II ld below
applies to you. check that box and lile Form 2210 with your tax return.
1 Check whichever boxes apply (If none app'Y. see the Note above):
a 0 You request a waiver, In certa'n c'rcumstances, the 'RS will waive all or part 01 the penally. See Waiver 01 Penalty on
page 1 or the Instructions.
b 0 You uso tho annualized Incomo Installment mothod. Ir your 'ncome varied during the year, this method may reduce tho
amount of one or more required Installments. See page 5 of lhe instructions.
e 0 You had Federal income tax withheld rrom wages and, ror estimated tax purposes, you treat the withhe'd tax as paid on
the dates It was actually withheld, Inswad 01 in equal amounts on !1m payment due dales. See the instructions (or
line 23 an page 3.
dO Your required annual payment (line 14 below) is based on your 1999 tax and you med or arc filing ajo'nt return lor either
1999 or 2000 but not rar bath years.
~@oo
IlllIIIII Roquired Annual Payment
2 Enter your 2000 tax alter credits (see page 2 01 the instructions)
3 Other taxes (see page 2 or the instruct'ans) .
4 Add lines 2 and 3
5 Earned income credit . . . . .
6 Additional child tax credit. , . ,
7 Credit far Federal tax paid on rue's
8 Add lines S. 6. and 7 , , . . .
9 Current year tax. Subtract line 8 from line 4. . . . . . . . . . . . . . . . . _ ,.9.
10 M It' I I' 9 b 900' (90) 10 9095 MWW
U Ip Y Ine y 70. ............... Mtm~:
11 Withhold'ng taxes. 00 not Include any estimated tax payments an Ihis line (see page 3 01 the +&\1
instructions) , . , , . . , . . . , . ,. 11
12 Subtract line 11 lrom line 9, Ir less than $1,000, stop here: do not complete or file this rarm.
You do not awe the penalty , . , . . . . , . , . , . . , . , , , , , ,. 12
Enter the tax shawn an your 1999 tax return (108.6% or that amount if the adjusted grass income
shawn an that return is mare than $150,000, or. if married fiI'ng separately far 2000. more than
$75,000). Caution: See page 3 of the inslructions . , , , . . . , . . , . , , .
14 Required annual payment, Enter the smaller or line 10 or line 13 . , , , . . , , . .
Note: If /il7e 11 is equal CO or more than line 14. stop here; you do not owe the penalty. Do not
file Form 2210 unless au checked box ld above.
Short Method (Caution: See page 3 of the instructions to find out if you can use the short method. If
au checked box 1b or 1c in Part I, ski this art and 0 to Part Ill.)
15 Enterthe amount, 'I any, lram line 11 above , , . . . . . .. 15
16 Enter the total amount, il any, or estimated tax payments you made 16
17 Add lines 15 and 16. . , . . . . . . , , . . . . .. ...,'..
18 Total underpayment for year, Subtract line 17 from line 14, II zera or less. stop here; you do
not owe the penalty. Do not file Farm 2210 unless you checked box 1d above. 18
19 Multiply line 18 by .OS976. , , . . . , . . . . , . . , , . . . . . . .. 19
20 . If the amount on line 18 was paid on or after 4/15/01. enter -0., ll1
· Ir the amount an line 18 was paid boloro 4/15/01, make the fallowing computation to find the ilill
amount to enter on line 20. Amount on Number of days paid =
Uno 18 X beforo 4115/01 X .00025. . . . .. 20
2
3
4
10105
10105
5
6
7
I
8
10105
9984
121
13
13
14
17938.
9095
9 984 I$@
If&
17
21 Penalty, Subtract line 20 lram line 19. Enter the result here and an Farm 1040, line 70: Farm
1040A. line 45: Farm 1040NR, line 69: Farm 1040NR.EZ, line 27: or Farm 1041. line 26. . ~ 21
For Paperwork Reduction Act Notice, see page 1 of separate Instructions.
Cat. No.1 1744P
'orm 2210 (2000)
'SCHEDUlES A&B
(Form 1040)
Dtpartmll"lQIthe Y"'\\I"f
InI.maI RlNIn~ S8'vIc. Itt91
Namo(5) 'hOwn on Fotm 1040
JOHN E MUMMA
Medical
and 1
Dental Z
Expenses 3
4
Taxes You 5
Paid 6
(See 7
page A,2.) 8
9
Interest 10
You Paid 11
(See
page A,J,)
Note.
Personal 1Z
interest is
not
dt!ductibte. 13
14
Gifts to 15
Charity
If you made a 16
gift and got a
benefit for it, 17
see page A-4. 18
Casualty and
Theft Losses 19
Job Expenses ZO
and Most
Other
Miscellaneous
Deductions
Z1
. (See ZZ
page A-5 for
expenses to
deduct here.)
Z3
Z4
Z5
Z6
Other Z7
Miscellaneous
Deductions
Total Z8
Itemized
Deductions
Schedule A- Itemized Deductions
(Schedulo B 15 on back)
... Attach to Form 1040. ... Soo I",tructlons for Schfldulns A and n (form 1040).
(-"4,
Caution. 00 nOllnclude 1~"pen'i(!S rflllnbw~l~d or pilld hy othl~'S. :&,...7/,
Medico! and den:.1 expen"eo (oen p.(je ^2). .. 1
[nler 'mounl from fonn 1040. hne 34. Z 65 097 ~
Multiply hne 2 above by 7.5% (.0751, . . . " 3 4 B82
Subtract IInp. 3 from linn 1. If lInf! 3 IS mom thnn linn 1. enter .0.
Stato and local income taxes . 5 3 721
Real estate taxes (see page A.2) , . , . , . ., 6 256
Personal property taxes, , . , . . . , . ,,7 722
Other taxos. List typo and amount ~ ..,...............,..
8 7100
Add lines 5 throu h 8. . . . . . . . . . . .
Home mortg'ge inlerest ,nd points reported to you on form 109B
Home mortgage interest not reported to you on Form 109S. If paid
to the person from whom you boughtlhe home. see page A,3
and show that person's name, identifying no., and address .,..
13162
11
Points not reported to you on Form 1098. See page A,3
for special rules. , , , . . . . . . , , , _ 12
Investment Interest. Altach Form 4952 " required. (See
page A-3.) , . . . . . , . , . , , , , _ 13
Add lines 10throu h13. . . . ' . . . . . .
Gifts by cosh or check. If you mode any 9ift of $250 or
more. see page A.4 . , , , , . . . , . . ,
Other than by cosh or check. If any gift of $250 or more.
see page A,4. You must attach Form 8283 if over $500
Carryover from prior year
Add lines 15 Ihrou h 17, . . . . . . , .
5740
2973
Casualt or theft loss(es). Altach Form 4684. (See
Unrelmbursed employee expenses-job travel, union
dues. job education, etc. You must altach Form 2106
or 2106.EZ if required. (See page A.5,) ~ ................
Tax preparation fees . . . . . . . . . . . .
Other expenses-investment, sole deposit box, etc. List
type and amount ~.............,...,........................
Add lines 20 through 22. . . . ,
[nler ,mount from form 1040, line 34, 24
MUltip'y line 24 above by 2% (.02) , , , _ 25 1 302
Subtract line 25 from line 23. If line 2S 'S more than line 23. enter .0,
Other-from list on page A.6. List type and amount ~ ...............,............,_
.---.--.................-........................-----.--......-.....................---.--.-.-
Is Form 1040, line 34, over $128.950 (over $64,475 if married filing separately)?
D No. Your deduction is not limited. Add the amounts in the far right column }
for lines 4 through 27. Also, enter this amount on Form 1040, line 36. ,....
lia Yes, Your deduction may be limiled. See page A,S for the amount to enter.
For Paperwork Reduction Act Notice, see Form 1040 instructions.
Cat No. 11330X
mAil ~~o 154!i.OO74
62@OO
Atl~chmflnl
!)oquont:n No, 07
yOU' ~ocl.1 secwity number
32 '7931
37
11799
18939
2973
Schedule A (Form 1040) 2000
'ScheduleS ),..0 IFOt'm 'O~O) 2000
Namelsl shown on Form 1040. 00 not enter name IInd SOCI81 !t(ICU(lly number II ~own on othu' ~lCle
OMU Nil 154!i.OO'14 Pllgo 2
Vow ~ocl.1 ~clAlty number
198: 32 : 7931
JOHN E MUMMA
Part I
Interest
(See page 8,1
and the
Instructions for
Form 1040.
line Sa.)
Note. Ir you
received a Form
1099,'NT. Form
1099,010. or
substitute
statement from
a brokerage firm,
lisllhe firm's
name as the
payer and enter
the tolal interest
shown on thal
form.
Part II
Ordinary
Dividends
(See page 8.1
and the
instructions for
Form 1040,
line g.)
Note. If you
received a Form
1099,OlVor
substitute
statement from
a brokerage firm,
list the firm's
name as the
payer and enter
the ordinary
dividends shown
on that form.
Part \II
Foreign
Accounts
and Trusts
(See
p.ge 8.2.)
Schedule B-lnterest and Ordinary Dividends
Noto. If au had over $400 in taxable interest, ou must also comp'r~1l1 Part III.
1 List namo of payer. If any interest is from a Sf!lIm.flnanr.ed mortgage and tllU
buyer used the property as a personnl residence. SCHl page 8.1 ru1d hst this
interest first. Also. show that buyer's social security number and address ..
.!\I?,~.9.~,I;!!...,..,.",."..,."....,."..""""""'""".."..,.,."'.,."".,.'."'.-
. y.9.~_~, f.Ii'.I?J;&'!I,-."".,...",.......".""""....,"',.,...."..,',.,.,',.,"",..,...
.!!I,-!:fm!!T.,..,.".."."..,........,..,.".,"',..,...,',.,.,.,',.,..."...,."...".., ,
,~~,t;:_....,.......,...,.."..,...,.,.".".,.."'.......".,...."",..,.,.,..",.,..,.."..
,!~,~......."..,.."..,',....,"',.,.,....."".,.,..,..."....,."",.,.".."""...,""
Attachmont
Sequnnco No. 08
Amount
1
...........................................-.................................................
...............-......-......................................................................
...-.............................-.....-....................-...-............................
....................-.....-..................................-...........-...................
......................................-..............................................................
...................-.........................................................................
....................-..........-.........-...................................................
..................-........................-..................................................
..........-.........-............................-........-..................................
......-.....-.......-.....................................-.......-......-..................'
2
2 Add the amounts on line 1 . . . . . . , .', . . , , . , , . .
3 Excludable interest on series EE and I U.S. savings bonds issued after 1989
from Form 8815, line 14, You must attach Form 8815, , , . . , . . -
4 Subtract line 3 from line 2. Enter the result here and on Form 1040. line 8a ..
Note, If au had over $400 in ordina dividends, au must also com 'ete Part III.
5 List name of payer. Inc'ude only ordinary dividends. If you received any capital
gain distributions. see the instructions for Form 1040, line 13 .... -----...-........
,!\I?,,!,9.~,I;.~m....'........,.........,.........,......,......................."....,.....
.~~,L.......,......,...,.. .,.."..,..................,.......,.."..,............,."....
,!!M.fY!'!P-~..........,..............,.............. ..,..,...........,.'m..."..'.....,.
,~!!~.I,-!~.I,-!;,C;;.9A..I,.T!~!'!P-Ii'.~,L..............,........................................
3
4
Amount
16
37
......-..--...-.-.-....................--....--..-....................-.......-...-...-......
..........-...-...-...-..-.......-.........-..-.........-.......-..........-..-..............
.......-..-...-.......-...............--.-..-....-...-........-.....................-........
......-..-...._.~.-......-.. .-................-.............-...-......-.....................
...--........................................................-...-..........-................
5
..................-..........................................................................
....................-......................................-......-..............-...........
.-..--.........................................-............-.................-...-..........
...............-............-............-................-...-......-..............-........
.........-....................-..........................-...................................
....-....-..-....-...-...-.........................................-.......................-.
.........--...........................-......-...........................-.....--............
.................-...............-.........--.................................-..............
.......................-.......................................-......-...................-..
.................................-....-....--.............-.............................-....
6 Add the amounts on line 5, Enter the total here and on Form 1040. line g ... 6
You must comflete this part if you (a) had over $400 of interest or ord'nary dividends; (b) had a foreign
account: or (c received a distribution from, or were a grantor of. or a transferor to, a foreign trust.
7a At any time during 2000. d'd you have an interest 'n or a s'gnature or other author'ty over a financial
account in a foreign country, such as a bank account, securities account. or other financial
account? See page 6.2 for exceptions and fiI'ng requ'rements for Form TD F 90,22.1 , . . -
b If "Yes," enter the name of the fore'gn country .. ..............................,........._........m...
B During 2000, did you receive a distribution from, or were you the grantor of, or transferor to. a
forei n trust? If "Yes." au ma have to file Form 3520. See a e 6.2
. . . . .
For PapelWork Reduction Act Notice. see Form 1040 Instructions.
Schedule 8 (Form 1040) 2000
'SCHEDULE D
(Form 1040)
f"JP}A ~n 154~dXl14
Capital Gains and Losses
~@oo
... Attach to Form 1040.
... SeD Instructlo"s (or Schodulo 0 IForm 1040).
Altac~m(lnt
SflCluunc:Jt No, 12
Yow SOClil seci'ty number
D~ntolt/'llTrU1ury
intimal R.....nUII Ser\oi<. 199}
Name(s) shown on Form 1040
... Use Schedulo 041 (or morn s co to list transactlo"s for lines 1 and 8.
(.) Description 0' property
(Example: 100 sn. XYl Co)
ilal Gains and Lassos
(bl Dato (c) O.lto sold
ocquirnd fMo_. dllY. ~I
(Mo. dll, r,) I'
(f) Gain or (lms)
SutJltnc1 (r.) from (d)
Assols Hold Ono Voar or Loss
1
(III Co!.! or
IllnNbll!l.l';
1~1!f! 11\1'" D.fil
Cd) Silins prictJ
(500 rngu D.li)
2 Enter your short-term totals. if any, from
Schedule 0-1. line 2 . 2
3 Total short-term sales price amounts.
Add column (d) of lines 1 and 2 3
4 Short-term gain from Form 6252 and short-term gain or (loss) from Forms 4684,
6781, and 8824 4
5 Net short-term gain or (loss) from partnerships. S corporations. estates, and trusts
from Schedule(s) K-1 5
6 Short-term capital loss carryover. Enter the amount, if any, from iine 8 of your
1999 Capital Loss Carryover Worksheet 6
7
Net short-term ca ital
Lon -Term Ca
ain or (loss), Combine co'umn (0 of lines 1 throu h 6 ~ 7
ilal Gains and Lassos Assels Held Moro Than Ono Voar
~~~~~~~ (e) Date sold Cd) Sales prieD ~~~o~s~~ (I) Gain or (loss)
(Mo.. da. .) (Mo., day. yr.) (see page 0-6) (see e 0-6) Subtract (e) from (d)
(g) 28% rate gain or
(loss) *
see lnstr. below
(a) Description of property
(Example: 100 sh. XVZ Co.)
8
9 Enter your long-term totals. if any, from
ScheduleO-1,line9. , , . . , . '. 9
10 Total long.term sales price amounts.
Add column (d) of lines 8 and 9. . , .. 10
11 Gain rrom Form 4797. Part I; long-term gain from Forms 2439 and 6252; and
long-term gain or (ioss) from Forms 4684, 6781, and 8824, . , . , , . ,
12 Net iong-term gain or (loss) from partnerships. S corporations, estales. and trusts
from Schedule(s) K-1, . . . . . .
11
12
10i
13 Capital gain distribut'ons. See page 0,1 13
14 Long-term cap'talloss carryover. Enter in both columns (n and (gl the amount, if
any, from line 13 of your 1999 Capital Loss Carryover Worksheet,
15 Combine coiumn (g) of lines 8 through 14. . . , , . , . .
16 Net long-term capilal gain or (loss). Combine column (n of lines B through 1 4 ~
Next: Go to Part ill on the back,
.
28% rate gain or loss includes all "collectibles gain' and losses" (as defined on page 0-6) and up to 50% of the eligib'e gain
on qualified small business stock (see page 0,4),
For Paperwork Reduction Act Notice, see Form 1Q40 Instructions. Cat. No. 1133BH Schedule 0 (Form 1040) 2000
.. .-
.~
. .
'SthocJUIe d (Form 10.0) 2000 E MUMMA
Summa of Paris I and"
17 Combine lines 7 and 16, If 0 1055. go 10 line 18, If a gOln. enter the go in 00 Form 1040. line 13
NexI: Complele Form 1040 through line 39. Then, go to Part IV 10 figure your tax if:
· Both lines 16 ond 17 are gains and
· Farm 1040. linn 39. is morn IhiJn zmo.
Othmwisc, stop hero.
18 If line 171s a 1055, enter hem nnd as a (loss) on Form 1040. Ilm~ 13. Iho smaller of thnso losses:
. The loss on lino 17 or
· ($3.000) or, if married filing separalely. 1$1,500). . , . . . . . . . . . . . . .
Next: Skip Part IV below. Inslead. complllte Form 1040 through Ime 37. Then. complete the
Capllal Loss Carryover Worksheet on page 0.6 il:
· Tho loss on line 17 exceeds the loss on lino 18 Dr
· Form 1040, line 37, is a loss.
Tax Com ulallon Usin Maximum Ca Ilal Gains Rales
Enter your taxable locome from Ferm 1040, line 39 , . . . , ,
Enter the smaller of line 16 or line 17 of Schedu'e 0 , . . . .
If you are filing Form 4952. cnler the amount (rom Form 4952. line 40
Subtract Iioe 21 from line 20. II zero or less. enter .0.
Comb'ne lioes 7 and 15. II zero or less. enter .0.. , . . , , .
Enter the smaller or line 15 or line 23. but not less Ihan zero. . .
Enter your un,"caplured seclion 1250 ga'n. if any, rrom line 17 of the
worksheet on page 0.8 . . , . , . . . , .
Add lines 24 and 25. , . , , . . , . . . .
Subtract line 26 from line 22. II zero or less. enter ,0.
Sublract line 27 from line 19. If zero or less, enter ,0.
Enter the smaller of:
. The amount on line 19 or }
· $26.250 if single; $43,850 if married filingjolnliy or qualifying widow(er);
$21,925 If married filing separately; or $35,150 if head of household
Enter the smaller of line 28 or line 29, . , . , . 30
Subtract line 22 from line 19. If zero or less. enler .0. 31
Enter the larger of line 30 or line 31 . . . . . . . ~ 32
Figure the tax on the amount on line 32. Use the Tax Table or Tax Rate Schedules, whichever applies
Note. If the amounts on lines 29 and 30 arc the same, skip lines 34 throu h 37 and go to line 38.
Enter the amount from line 29 34
Enter the amount from line 30 35
Subtract line 35 from line 34 , . ~ 36
MUllip'y line 36 by 10% (.10) , . . . , , , ,
Note, Ir the amounts 00 lines 19 and 29 are the same, skip lines 38 through 51 and go to line 52.
Enter the smaller of line 19 or line 27 , 38
Enter the amount from line 36 39
Subtract line 39 from line 38. , . , ,~ 40
MUltlp'y line 40 by 20% (.20). . . ,
Note. If line 26 Is zero or blank, skip lines 42 through 51 and go to line 52.
Enter the smaller of line 22 or line 25 . 42
Add lines 22 and 32. , . . . . " 43
Enter the amount from line 19 , , " 44
Subtract Iioe 44 from line 43. II zero or less, enter .0,
Subtract line 45 from line 42. Ir zero or less, enter .0.
Multiply line 46 by 25% {.25}. , , , , . . . .
Note, If line 24 Is zero or blank, skip lines 48 through 51 and go to line 52.
Enter the amount rrom line 19 48
Add lines 32, 36, 40, and 46 . 49
Subtract line 49 from line 48 . 50
MUltiply line 50 by 28% (.28) . . . . . . . .
Add lines 33, 37, 41, 47, and 51. . . . . , . ,
Figure the tax on the amount on line 19. Use the Tax Table or Tax Rate Schedules, whichever applies
Tax on all taxable income (including capital gains). Enter the smaller or line 52 or line 53 here
and on Form 1040. line 40. . , . . . . . . . . . . . . . . . . . . . . .
19
20
21
22
23
24
25
20
21
22
23
24
. . . . . . .
26
27
28
29
25
26
30
31
32
33
21925
34
35
36
37
38
39
40
41
10
. . . .
42
43
44
45
46
47
.~
. . . . . . .
48
49
50
51
52
53
54
~
10
198.32..7931 PllfJll 2
28 605
10
5151
51
52
53 5 165
'SCHEDULE E
(Form 1040)
JOHN E MUMMA
Income or Loss From Rantal Real Eslato and Royaltio!t Nolo. Report Income and expenses from your business of rentmg
personal propmty on Schedulo C Of C.EZ (o;f!fl pllqn (-1). Rf!pOlt fmrn lental income or los5 from Form 4835 on paQc 2. line 39.
Supplemental Income and Loss
(From ront81 real estate, royaltios, partnerships,
S corporations, estatos, trusts, REMICs, etc.)
AttActlmonl
... Attach to Form 1040 or Form 1041. ... Seo Instructions ror Schedulo E (Form 1040). Sl!Quoncn No 13
Vow socl.1 secwtty numbClr
198; 32 i 7931
OMIi No 1545.00J4
~.....tlttJth.TI"'ury
Inl"n'" R.....n.. SerVICI /9'J
Naroo(s) Ihown on 'Mum
~@oo
1 Show the kind and locntion or (weh rental roal estate property: 2 For oneh fcnlal real estate property Yes No
^ 1.q~. N~RT)j, t!~~.9.Y~R ,~I,.". _",'. "". _ _"",."" _ _".,.." _.".._.... lisled online 1, did you or your family
use it during the tax year tor personal A X
purposes for marc than the greater 01:
B q,~!i!"..,..,.....,._..,.,..",..,....""_"".."",.,,,",."_.,,....,...,.. . 14 days or
· 1 0% of the total days tl:!ntcd ill B X
C 740-742 ALLEN RD fair rCnlal value?
................................................................................
(See page E-1.) C l<
Income: Properties TOlals
A B C (Add columns A. e. and C,)
3 Rents received, - 3 20,241 6 GOD 15400 3 I 176244
4 Rovaltles received , 4 4
Expenses:
5 Advertising . - 5 157
6 Auto and travel (see page E.2) 6
,
7 Cleaning and ma'ntenance. 7 1270 9096
.
8 Commissions 8
.
9 Insurance 9 992 99 421
.
10 Legal and other professional fees 10
11 Management fees. 11
-
12 Mongage interest paid to banks,
etc, (see page E-2) 12 9194 2184 4537 - 12 46 471
.
13 Other inlerest . 13
14 Repairs . 14
15 Supplies, . 15
1G Taxes. 16 1980 677 2166
,
17 Utilities 17 2315 20
.
18 Olher (Iisl) ~.......................__
~!;[UiTAJ:!'_~.!'_t,lJ:.1..,,_...,',..... 7.698
18
-......................-.....-..........
........................................
19 Add lines 5 through 18 , 19 14481 4230 24 095 19 13n1oo
.
20 Depreciation expense or dep'etion
(see page E,3) . 20 7854 4969 3236 20 51 880
.
21 Total expenses. Add lines 19 and 20 21 22,335 9199 27331
22 Income or (loss) from rental real
estate or royalty properties.
Subtract line 21 from line 3 (rents)
or line 4 (royalties). If the result is
a ('ass), see page E-3 to find out 22 -2094 -2599 -11931
if you must file Form 6198, .
23 Deductible rental real estate loss.
Caution. Your rental real estate
loss on line 22 may be iimiled. See
page E-3 to find out if you musl
file Form 8582, Real estate
professionals must complete line 23 ( -2094 )( -2599 )( .11931 )
42 on page 2 ,
24 Income. Add positive amounts shown on line 22. 00 not include any losses. - 24 23.513
25 Losses, Add roya'ty 'asses from line 22 and rental real estate losses from line 23. Enter total losses here 25 ( -29 348 )
26 Total rental real estate and royalty income or (loss). Comb'ne lines 24 and 25. Enter the result here.
If Parts II, III, IV, and line 39 on page 2 do not apply 10 you, also enter Ihis amount on Form 1040,
line 17. Olherwlse, include this amount in the total on line 40 on paoe 2 . 26 -5835
For Paperwork Reduction Act Notice, see Form 1040 Instructions.
Cat. No. 11344L
Schedule E (Form 1040) 2000
I
'SCHEDULE E
(Form 1040)
o.p.tnwnt 01 the TttUury
InttmaI R...."'" s.w:. 199
N.mo{sl wwn on return
JOHN E MUMMA
Income or Loss From Rental Real Estato and Royaltios Noto. Report income ilnd expenses from your business of renting
personal property on Schedule C or C.EZ (see pitqc E.1). Report 'mrn rental income or lo!-.s from Form 4835 on page 2, line 39,
Supplemental Income and loss
(From renlal real eSlalo, royallies, pannershlps,
S corporalions, 051:1105, lrusts, REMICs, Olc,)
AUllthmf!nt
... A"ach to Form 1040 or Form 1041, II- Soa Instructions for Schedulo E (Form 1040). 5CQuencc No. 13
Yow social seclIity number
198; 32 ;7931
OMB ~lo 1545.0074
~@oo
1 Show the kind and locnt'on of each renlal real estate property: 2 far each rental real estate property Yos No
A GLEBE listed on line 1, did you or your family
................................................................................ use it during the tax year for personal X
purposes for more than the greater of: A
B 2,t~~T.M~!t-!,I?I~~!~L..",....,",.... .",'.....,.."" ,.""",.. "",. . 14 days or X
· 10% of the total days rented at B
C 1,qr, t-!Q~T,tj. t!~~.9,Y~~ .~:r:,..."....".".."".",.",.".,.,."..""",. fair rental value?
(See page E,1.) C JC
Income: Propenie. Totals
A B C (Add colUrMS A. B. and C)
3 Rents received. . 3 54275 14960 3 I
4 Royalties received . 4 4
Expenses: 674
5 Advertising , . 5
6 Auto and travel (see page E-2) 6
-
7 Cleaning and mainlenance, . 7 5203 390
8 Commissions . 8
9 Insurance 9 1406 299
.
10 Legal and other prolessional fees 10
11 Management fees. - 11
12 Mortgage interest paid to banks.
etc. (see page E-2) 12 20 729 3375 12
-
13 Olher interest . 13
14 Repairs . 14
15 Supplies . . 15
16 Taxes. 16 5831 979
-
17 Utilities - 17 6692 1772
18 Other (list) ~.....mm....'..m....
J; !;I;',J;TA.J:~,FiI.~.~J: ,1.......,...."., 5900 752 370
18
....--.......--........-...-.........-..
..-......--........---.--........--...-.
19 Add lines 5 through 18 . - 19 46 435 7567 370 19
20 Depreciation expense or depletion
(see page E-3) , , - 20 14108 2400 20
21 Total expenses. Add lines 19 and 20 21 60 543 9967 370
22 Income or (loss) from rental reai
eslate or royalty properties.
Subtract line 21 from line 3 (rents)
or line 4 (roya'lies), If the resu't Is
a (1055), see page E-3 10 find out 22 .6268 4993 -370
If you must file Form 6198, -
23 Deductible rental real estate loss.
Caution. Your rental real estate
loss on line 22 may be limited. See
page E.3 to find out if you must
file Form 8582. Real estate
professionals must complete line 23 ( .6268 I( I( -370 )
42 on page 2 .
24 Income. Add positive amounts shown on line 22. Do not include any losses. - 24
25 Losses. Add royalty losses from line 22 and rental real estate losses from line 23. Enter total losses here 25 ( )
26 Total rental real estate and royalty 'ncome or (loss). Combine lines 24 and 25. Enter the result here.
If Parts II, III, IV, and line 39 on page 2 do not apply to you, also enter this amount on Form 1040,
line 17. Otherwise, include this amount'n the total on line 40 on oaoe 2 . . . . , . . . _ 26
For Paperwork Reduction Act Notice, see Form 1040 Instructions.
Cat. No. 11344l
Schedule E (Form 1040) 2eoo
'SCHEDULE E
(Form 1040)
1 Show the kind nnd location of each rCnlal real estate oroocrtv: 2 For C,1ch rental rOil I p....tatc property Yes No
A R J C INDUSTRIES listed on lino 1, did you or your family
................................................................................ use it during the tax year for personal X
purposes for more than the grealer of: A
B CARLISLE ELECTRIC · 14 days or
................................................................................ X
· '0% of the tot<ll days rented at B
C 225 S HANOVER STREET (air renr.11 value?
................................................................................. X
(See page ['1.) C
Prooerties TOlals
Income: A B C (Add Columns A. B. and C.)
3 Rents received. , 3 14400 29 700 18083 3 I
4 Rovallies received - 4 4
Expenses: 239
5 Adverlislng , . 5
,
6 Auto and Iravel (see page [.2) . 6
7 Clean'ng and ma'ntenance, 7 99 1664
.
8 Commissions - 8
9 Insurance . 9 540 392
10 Legal and other professional fees 10 85
11 Management fees, . 11 ,
12 Mongage Imeresl paid to banks.
etc, (see page E-2) 12 4492 12
,
13 Other interest 13 297
.
14 Repairs 14 1504
-
15 Supplies, , 15
16 Taxes, . 16 1507
17 Utilities , 17 2225
18 Other (list) ~......................,.,
Jl!;~,JlT~J:!"r,u:,~J: .1......,.,.,..... 14043 507
18
~.-...-.-....-...-.-..-.-.. --.-...-.-...
.................................h.....
19 Add lines 5 Ihrough 18 . 19 16568 11026 19
,
20 Depreciation expense or depletion
(see page E-3) , 20 7,448 7530 1091 20
,
21 Total expenses. Add lines 19 and 20 21 7,448 24M8 12117
22 Income or (loss) from remal real
estate or royally properties.
Sublraclllne 21 rrom line 3 (renls)
or line 4 (royallies). If the result is
a (ioss), see page E-3 to find out 22 6,952 5.602 5966
if you must file Form 6198, ,
23 Deductible rental real estate In55.
Caution. Your rental real estate
ioss on line 22 may be limited. See
page [.3 10 find oul if you must
file Form 8582, Real estate
professionals must complete line 23 ( )( )( )
42 on page 2
24 Income, Add pos'tive amounts shown on line 22, Do not include any 'osses. - 24
25 Losses, Add royalty losses from ilne 22 and remal real eSlate losses from line 23. [mer total losses here 25 ( )
26 TOla' rentai real eSlate and royally Income or (loss), Combine lines 24 and 25. [mer the result here.
If Pans Ii, III, IV, and line 39 on page 2 do nOI apply to you, also emer this amoum on Form 1040,
line 17. OthelWise, Include this amount In the total on line 40 on pane 2 - 26
JOHN E MUMMA
Income or Loss From Rental Real Estato and Royaltios Not.. Report In com" and "xpenses from your bUSiness of renting
pelsonal plOpeny on Sch.dulo C or C,EZ Isee Piloe [.11 R"port 101m renlOlllncome 01 loss "om Form 483S on Pilo. 2. line 39.
Supplemental Income and Loss
(From rental real estate, royallies, pa"nerships, ~@OO
S corporations, estalos, trusts, REMICs, (!le.) A
t1achmenl
~ Attach to Form 1040 or Form 1041, ~ 5.e Instructions for Schedule E (Form 1040). S'",,,ncn No 13
Vow socl.l secwlty number
198; 32 i 7931
OMB No, 1545.0014
~ntollheT'r.'ury
IntINl"'R.....nw~ (99
Name(s) sh.:lwn on (mum
For Paperwork Reduction Act Notice, Sp.e Form 1040 Instructions.
ClIl. No. 11344L
Schedule E (Form 1040) 2000
'SCHEDULE E
(Form 1040)
D'pal\lMntollhtT"A\1.-y
Int,mlll RlMnL.e SIwvice 199
Name(s) $hown on retum
Supplemental Income and loss
(From rental real estate, royalties, pannershlps,
S corporations, estates, trusts, REMICs, ctc.)
AtUlchmcnt
.. Attach to Form 1040 or Form 1041, .. See Instructions for Schedule E (Form 1040). Sequence No.1 3
Your social security number
198! 32 ;7931
OMS No. 1.5<15.0074
~@oo
JOHN E MUMMA
Income or Loss From Rontal Real Estate and Royalties Noto. Report Income and expenses from your business of renting
personal property on Schedule C or C.EZ (see paqe E.'). RepOlt farm rcntill Income ()f loss from Form 4835 on page 2. line 39.
1 Show lhe kind and location of each rental real estate oroocrtv: 2 For cach rcntnl real estate property Yes No
A f!M!~.I?JgN.~,9,l!.IH.".."..,...,.""",.... ...,.,..,.." ,..,., ....,.. "",. listed on line 1. did you or your family
use it during the tax year for personal "
purposes for more than the greater of: A
B E,:1J~........,.........,.,.".,.."",."...,..,...".."""",..""",.."" . 14 days or
. 10% of the tot.11 days rented at B "
C 'If~g!i~~.I?B!Y,"'.. ..",. .".,."......,.,'....."......". "",..""".."" fair rental value?
(See page E,1.) C v
ProDcrtics Totals
Income: A B C (Add columns A, B. and C.)
3 Rents received. , - 3 2585 3 I
4 Rovalties received . 4 4
Expenses:
5 Advenising . - 5 250
6 Auto and travel (see page E.2) - 6
7 CleanIng and maintenance. - 7 506
8 Commissions , 8
9 Insurance 9 82
.
10 Le9a' and other professional fees 10
11 Management fees, . 11
12 Mongage interest paid to banks.
etc. (see page E-2) - 12 1704 256 12
13 Other interest - 13
14 Repairs - 14 2025
,
15 Supplies, - 15
16 Taxes. - 16 571
17 Utilities - 17 33
18 Other Oist) ~....,..........,no......
!ig~,!iT A.J:~.r,l.~J'H .1,... no..., ..,,,
18
........................................
.....................-.-..............-.
19 Add lines 5 through 18 . - 19 5171 256 19
20 Depreciation expense or depletion
(see page E,3) . - 20 3244 20
21 Total expenses. Add lines 19 and 20 21 8415 256
22 Income or (loss) from rental real
estate or royalty properties.
Subtract line 21 from line 3 (rents)
or line 4 (royalt'es). 'f the result is
a (loss), see page E.3 to find out 22 -5830 -256
If you must file Form 6198, .
23 Deductible rental real estate loss.
Caution. Your rental real estate
'055 on line 22 may be lim'ted. See
page E,3 to find out ir you must
file Form 8582, Real estate
professionals must complete line 23 ( )( .5830 )( \
42 on page 2 - .256
24 Income. Add positive amounts shown on line 22. Do not include any losses. - 24
25 Losses. Add royalty losses from line 22 and rental real estate losses from line 23. Enter totall05ses here 25 ( )
26 Total rental real estate and royally income or (loss). Combine lines 24 and 25. Enter the result here.
If Parts II, III. IV. and line 39 on page 2 do not apply to you, also enter this amount on Form 1040,
line 17. Otherwise. include this amount in the total on line 40 on oaoe 2 . . . . . . . . _ 26
For Paperwork Reduction Act Notice, see Form 1040 Instructions.
Cilt. No. 11344L
Schedule E (Form 1040) 20eO
..
'Foon 6251
Alternative Minimum Tax- Individuals
D.pwt/nlnlollh.T,u~lI}'
InlfinalRlMIrll.Servlce
Name's) ShOwn on Form 1040
.. SOD soparato Instructions.
.. Attach to Form 1040 or Form 1040NR.
Ad'ustments and Prcferenccs
If you itemized deductions on Schedule A (Form 1040), go to line 2. OUlcrwisc, enter your Slllndmd
deduction from Form 1040, line 36. here ilnd go to line 6 1
Medical and dental. Enter the smaller of Schmlule ^ (F()(m 1040), lIne 4 or 2'h% of Form 1040, line 34 2
Taxes. Enter the amount from Schedule A (Form 1040), line !J . 3
Certain Interest an a home mortgage not used 10 buy, budd. or improve your home. 4
Miscellaneous Itemized deductions. Enter the i1mount from Schedule A (Form 1040), line 26 5
Refund of taxes. Enter any tax refund from Form 1040, hne 10 or line 21 6
Investment Interest. Enter difference between regulnr tax and AMT deduction 7
Post.1986 depreciation. Enter difference between regular tax and AMT depreciation. 8
Adjusted gain or loss. Enter difference between AMT and regular tax gain or loss. 9
IncentIve stock options. Enter excess of AMT income over regular tax income. 10
Passive activities. Enter difference between AMT and regular tax income or loss . 11
Beneficiaries of estates and trusts. Enter the amount from Schedule K-1 (Form 1041), line 9 12
Tax.excmpt interest from private activity bonds issued after 817186 13
Other. Enter the amount, if any, for each item below and enter the total on line 14
a Circulation expenditures L " " Loss limitations . . .. I
b Depletion . I I I I Mining costs . I
c Depreciation (pre.1987). I I I J Patron's adjustment. I
d Installment sales . I I I k Pollution control facilities I
e Intangible drilling costs . I I I I Research and experimental I
f Large partnerships I I I m Section 1202 exclusion . . I
9 long-term contracts. I I I n Tax shelter farm activities I
o Related adjustments I
Total Ad ustments and Preferences. Combine lines 1 throu h 14 . ......
Alternative Minimum Taxable Income
16 Enter the amount (rom Form 1040, line 37. If less than zero, enter as a (loss) . ...... 16
17 Net operating loss deduction, if any, from Form 1040, line 21. Enter as a positive amount. 17
18 If Form 1040, line 34, is over $128,950 (over $64,475 if married filing separately), and you itemized
deductions. enter the amount, if any, from line 9 o( thc worksheet for Schedule A (Form 1040), line 28 18
19 Combine lines 15 through 18 ..... 19
20 Alternative tax net operating loss deduction. See page 6 of the instructions " 20
21 Alternative Minimum Taxable Income. Subtract line 20 from line 19. (If married filing separately and line
21 is more than $165,000, see a e 7 of the instructions.). . . . . . . . . . . . . ...... 21
Exem tion Amount and Alternative Minimum Tax
1
2
3
4
5
6
7
8
9
10
11
12
13
14
22 Exemption Amount (If this (arm is for a child under age 14, see page 7 of the instructions.)
AND line 21 is THEN enter on
IF your filing status is . . . not over. . . line 22 . . .
Single or head of household. . . $112,500, . $33.750 }
Married filing jointly or qualifying widow(er) .. 150,000. . .45,000
Married filing separately. 75,000, , 22,500
If line 21 is over the amount shown above for your filing status, see page 7 of the instructions.
23 Subtract line 22 from line 21. If zero or less, enter -0- here and on lines 26 and 28 and stop here . .... 23
24 If you reponed capital gain distributions directly on Form 1040, line 13. or you completed Schedule D
(Form 1040) and have an amount on line 25 or line 27 (or would have had an amount on either line if you
had completed P~rt IV) (as refigured for the AMT, if necessary), go to Part IV of Form 6251 to figure line
24. All olhers: If line 23 is $175,000 or less ($87,500 or less if marr'ed filing separately), multiply line 23
by 26% (.26). Otherwise. multiply line 23 by 28% (.28) and subtract $3,500 ($1,750 If married filing
separateiy) rrom the result . , . , . . , , . , , . . . . . . . . . . , , .... 24
25 Alternative minimum tax foreign tax credit. See page 7 of the instructions 25
26 Tentative minimum tax. Subtract line 25 from line 24 . ...... 26
27 Enter your tax from Form 1040, line 40 (minus any tax from Form 4972 and any foreign tax credit from
Form 1040, line 43) 27
28 Alternative Minimum Tax. Subtract line 27 from line 26. If zero or less, enter -0-. Enter here and on Form
1040, line 41 ..... 28
For Paperwork Reduction Act Notice, see oaoe 8 {jf the instructions.
('... ~I.. ~ .,,,,,,,...
OM!] No 1545.0121
~@oo
^"IIl':hmflnt
SflC!U(l!1CO flo 32
Vow social securit)' number
8 82
29 981
3 0
6 36
61 367
22 600
5153
49
e."r...
., ,
Form 1040
TSlIDDvor namo(s) as shown on Form 1040;
JOHN E MUMMA
SUPPLEMENTAL SCHEDULE
Schodulo A
Sodal Socurity Number:
198.32.7931
STATEMENT Schedule A, Real Estate Taxes (Line 6)
Real Estate Tax Description Real Estate Taxes Amount
WAGNER DRIVE
TOTAL
256
256
STATEMENT Schedule A, Cash Contributions (Line 15)
Cash Contribution Organization Cash Amount
MISC
TOTAL
2,973
2,973
For Tux Yoar
2000
"
~;:~~~~~ '-T"----
SUPPLEMENTAL SCHEDULE
- --,--- ..----.-.--..-.--....----..----..--.--
For Tml Yom
Summ'!!}' Schod.~lo--'-~r_R.oJlr~cJaUon Schodulo E1
2000
Taxo3ver namat.) H.sholAo" on Form 10>10:
JOHN E MUMMA
Social Svcurily Numbur
198.32.7931
au.inu. Acr.1vltYJ 105 tlOJ/nl HAllfJVER ST
.., All A...t. l.y C.le '"
Dat. ("o.el Bu,. Stlc. D.pr. 1I..i. Rac. Curr.nt Ixe... D.pr.
D..edptton Acq. B..l, Pet. 179 Prior Yr.. tor D.pr. "'h Prd. !I.ductlon Dapr. N.xt Yaar
RENTAL 01/1995 216,000 100 :n6,COO m.D .27.5 7,854 .2,45.. ',aH
'rO'I'AWl .216,000 .216,aCO 7,854 2,454 7,8S",
.'
Form 1040 S~~~~::C~~~~~~~:o~r~~.~:n~~~~~~l:~:_~ _~~_ \=';0200~i"_
TSlloavor "amelll 8S shown on Fonn 1040 Social Sucurily Numbor:
JOHN E MUMMA 198.32.7931
____._.__._.._____"~____ _____ _ .__.~_._ 4_____
DUlin..' IctivltYI 0 III
REmA.t.
01/1991
... All ......t. by Du., ...
CoHI Bu.. B.e. D.pr. Bul. R.e. Current. IXCIII D.pr.
lIul. Pct. 17' ,riQr YI", ,., Dlpl'. "<h Prd. D.ductlon D.pr. Kn.t Yllr
116,646 100 116.649 n:"D 27.S 4,969 1,551 4,969
llli,UlI 136,648 4.,96') 1,553 4.969
D.t.
DucrJ.ption
Aeq.
TOTALS
t. "
Form 1040
SUPPLEMENTAL SCHEDULE
Summary Schodulo fo, Dou>'oclallon Scllodulo E3
TaXODvor narno(sl as shown on Form 1040:
JOHN E MUMMA
Social Socurity Numbor:
198.32.7931
Budnelll acelvltYI HO.74.:1 A:.r.lt:l RD
For Tax Year
2000
... All A".e, by O.e. ...
Dae. CQatl Bu,. a.e. Oapr. Baal, Ra.::l. Currant. Ixea,. ]Japr.
tJ..adptlon Acq. lIa,L. Pee. ". 'rlor Yra. '0' D.pr. Ht.1l Prd. Dttduotlon Depr.
RElrr AL 01/1909 89,000 100 89,000 S:,.O 27.5 3,.136 1,011
TOTAt.s 8'1,000 89.000 3,~J6 1,011
I' f'
J(.m
4562
Doprocilltion lInd Amortization
(Including Information on Listed Properly)
Cl.f..,m.IIIIAthot fr.."",.,
."I....,MR....~.....VII'" I~"ll
N.me's' Shown on ,olwn
... Sn" 'In IIHlltn ht\hUf;tlllll..
... Attach Ihl'l form '0 our return.
II"..,."".., (I' "'1,.....,, III ...hll,'IIf',\ fel/1Il '.'Iilln..
JOHN E MUMMA OLEBE
Eloellon To Eopon.o Cortoln Tonglbln Proporly (Sncllon 179)
Nolo: "ynl/ 11;~v" i"'Y_ll""" l''''I'''/Il:_COflll'lt!l'' I'.!I' V I",rnm nl/ cnm lete 1'.111 I.
MillWl1lJfll Ilollnr 11I1111nllflll. " 1111 l'1I1nrpll'.o IOlln 11II',lllW,'" ....Il pag'I ? of thn In',Uucllon~. 1
lolul cO'.( Ilf snUlnll 11!1 plllplllly pl;W'ld In ,>mVlu' Sl!l! PflU'! " 0' till! in'i!rLJctlon~. 2
Ihm')holcl r.1)')( of ''oOelloll 11~1 I"fljlnlly Ilfltorn rl!(lur,tlofl III Ilmltalion , 3
f~ucluctlnn Illlutlllnttnll SlllHolCl 11111' ;1 f/lun IlllU 2. It lmo or less, olltm .0. 4
Oollnr II1111t8111HI for IIIX Yf!/U, Sllhlrnr.t 111111" trorn linn 1. If znro or loss. f!ntor .0.. If marncd
fllifl!l~e..n!!!!.!~.'i'~~~J~.IU~' "I of I"" ill'llrtlClinn'l
lotI Ikl'IIIII'I!lt/II\1 Illlll"''''Y
1
2
3
4
5
(bl Cust (tJuslnll!iS use only)
ee) Elcctl.>d cost
8
15a 3,yoar proporty
b 5.yonr propmty
c 7. flnr ro ort
d 10, oar ro ort
o 15. onr ort
, 20. oor ort
25. oor ro ort
h Rosldontlal ronlal
TO ort
NonrnslcJontinl ronl
ro ort
25
27,S
27,S
39
S/L
MM S L
MM S/L
MM S/L
MM S/L
Socllon C Altornative De reciolion S stem (ADS) (Soe a e 5 of Ihe instructions.)
S/L
12 re. S/L
40 re. MM S/L
Olhor Do melotion Do not include listed ro ert. See 0 e 5 of the Instructions.)
GDS and ADS deductions For assels placed in service in tax years beginning beFore 2000 17
Proporly sUhJuctto seclion 168(n(1) eleclion. . 18
ACRS and olhor dn roclnllon . ..... 19
Summar 500 a 0 6 of the instructions.)
Listod f1roporty. Entor amount from line 26. . . , .. ,.....
TOlnl, AcId deducllons from Iino 12. lines 15 and 16 In column (g), and lines 17 through 20. Enter
hmo I1ncl on tho appropriate lines of your return. Pannerships and S corporations-see instructions
22 For nssots sllown obove and placed in service during the current year,
fllllllr Illn mtlon of the basis attributable to section 263A costs
For Pllflorwurk Roducllon Act Notice, see page 9 of the instructions.
rs,
rs.
rs.
rs.
17
18
10
20
21
22
Cat. No. 12906N
8
9
10
11
12
20
21
OM8 No 1545.0112
~@oo
Att.!Ichfncrlt
SbQucncn No 67
ldentitylng number
198.32.7931
"ZO,OOO
6,439
zoo 000
5
10000
--
10,000
14.108
14,108
Form 4562 (2000)
o
I' f'
Form 1 040 sum;::'::~~~~~ :'~r:~:~~~~~~:~O_~:'~~-=-T
TalCDaver name(s) as shown on Form 1040: ~OCWI Security Number;
JOHN E MUMMA 198-32-7931
-.'--'- . .
For Talc YOllr
2000
Bulin... activity: GLiDi
Cat.a
... All A...te by Cata ...
CQtltl Bu.. S.c. r...pr. 1I..t. R.c. CUl'r.nt Ixe... D.pr.
eut. Pet. 17. PI'1or YI'.. tor Oapl'. Mth Pl'd. C.duet!on C.PI'. Huot Y..r
llllJ,OOO 100 BIt,OOO SLO :27. S 14,lO;J 4,408 14,108
l88,OOO 1118.000 11.108 4,408 14,108
OUCldpti.on
Aeq.
GLIBI
01/1988
TO'l'ALS
7 Uslnd proporty. Enlr.r n010unt from linn 27. . . . . . . . 7
B lornl nlf!ctcd CO:'jr of !j,~ctJDn 179 property. Add nmounts in column fe). Jines 6 and 7
o Tf!l1tnllvn dmluctlon. Enter the smaller of line 5 or line 8 . . . . . . .
10 Cnrryovor of disnllowed deduction from 1999. See page 3 of the instructions. . .
11 Ouslnoss incomo limitation. Enter the smaller of business income (not less than zerO) or line 5 (see instructions)
12 Sncllon 179 r.xpcnso deduction. Add lines 9 and 10, but do not enter more than line'1 .
13 Cnr ove, of disnllowed deduction to 2001. Add lines 9 and 10. less line 1 2 ~ 13
Noto: Da not us", P.1rt II or Part III below (or IistC1d property (automobiles, certain other vehicles, cellular telephones,
cortnin com uters. or ro crt used for entertainment. recreation, or amusement). Instead, use Part V for fisted ro en.
MACRS Depreciation for Assets Placed in Service Only During Your 2000 Tax Year (Do not include
listed property.)
Section A General Asset Account Election
14 If you nre mnklng Ihe election under section 168(i)(4}10 group any assets placed in service during the tax year inlo one
or more general asset accounts, check this box. See paqe 3 of the instructions. . . . . ~ 0
Section B-General De reciation S stem GDS) (See a e 3 of the Instructions.)
(bl Month and (e) B<lsls for depreciation (d) R
yoar placed In (businossllnvestment use e~overy (0) Convention (r) Method (g) Depreciation deduction
servlco ani see instructions pcnod
S/L
MM S L
MM S/L
MM S/L
MM S/L
Section C Alternative De recintion S stem (AOS) (See a e 5 of Ihe instructions.)
Class lire S/L
12-ear 12 rs. S/L
c 40, ear 40 rs, MM S/L
Other De rec/alion Do not include listed ro ert .J See a e 5 of the instructions.)
GDS and AOS deductions ror assets placed in service in tax years beginning before 2000 17
Property subject to section 168m(1) election. 18
ACRS and other de reciation, . , 19
Summar See a e 6 of the instfuctions.}
Listed property. Enter amount from line 26. . .
TOlnl, Add deductions from line 12. lines 15 nnd 16 in column (g), and lines 17 through 20. Enter
here and on the appropriate lines of your return. Partnerships and S corporations-see instructions
For assets shown above and placed in servIce during the current year,
enter the ortian of the basis attributable to section 263A costs
,,,,m
4562
Depreciation and Amortization
(Including Information on Listed Property)
1......'......e,/U..I,....,
.......,,,_.............
("'11
... Attach thl5 form to our return.
nll""l',,' or IIC:II'<il'ly 10 whll';h 1t1'" forTlllilllllt!'\
'1'''''1'1 "h",.., 1111 """'II
JOItN e MUMMA 23 EAST MAIN STREET
~iii;il- To E'I"IO'o Corlaln Tnnglblo Property (Soction 179)
Naill: II Y"" /I...." OI"Y ''''r'rlJ'fnJl''r1Y: c()!"J!'!.'to {'//It V bo(oro
1 M,Ull1IlllH clnllnr ImlJllIlInn II ntl 1!l1Iurpfl~,n 101111 businnss, sen pnge 2 af tho insUuctJ0I1S
2 Inldl (0-.1 ut "luc:ltOl1 l1U pflljllllty plncmt in smvicu. Son pogo 2 of the instructions.
3 ""w~hnltl (n',t of ',UCIIOll 179 propmty Iwfore rmluction in limitntlon .
4 '~ft(tllclion III IUl1lf/1110l1. Subltnct hnt! 3 from line 2. If 10ro or less, nnter .0-
a Dollnr Ilnulllllnn for tn.ll ynm. Subtrilct Imo 4 from line 1. If lorn or less. enter -0-. If married
_~!]~~rl1lnly._o;ml n n 2 of tho instructions
IAIIJl'I..uoplllln ()f Ilfl1lll11ty
(bl eml (hu!olnoss uso only)
lei DcctlX1 co!>!
_6
h
25
27,5
27,5
39
rs.
rs.
rs.
rs.
16a
b
17
10
19
20
21
22
22
For Paperwork Reductlon Act Notlcel see page 9 of the Instructions.
Cat. No. 12906N
0"'0 N.J 1545.017l
~@oo
Att.llcnmlli'11
SI:Quonco No 67
IdentJfying number
198.32-7931
1
2
3
4
$20,000
6,439
200 000
o
5
10000
.
8
9
10
11
12
10,000
2,400
20
21
2,400
Form 4562 (2000)
'.
Form 1040
SUPPLEMENTAL SCHEDULE
.- - -- ..-----..---,--...---
For TUIl Ynm
Summary Schoduro fo, DOI!'oc!~lIon Schodulo ~5.-____,_
Ta)(DaVOr namo(s) ilS shown on Form 1040: ] s~~i:-IIS~I~~i'l NutTlhor:
JOHN E MUMMA 198-32-7931
2000
Du.in.au ActivitYI ]) lAST HAIN STkl.i
... All A...e.. by Olt" ...
Dlt. Coltl Bu.. S.e. Dlpr. B..l" Rlc. Curr.nt axe... elpr.
1I..oriptloQ Acq. aad. Pet. 177 Prior Yr.. to, OIPI:. Htb Prd. D.duction Depl'. Nut Y..r
RiNTA!. Ol/H99 l'iOS,OOO 100 66,000 S:.O :17,5 ~.401] 750 :Z.40fJ
TOTALS 66,000 66.COO 2,400 750 2,400
,.
rOlm
4562
Depreciation and Amortization
(Including Information on Listed Property)
OMH No 1 !l4!). fll 12
~@oo
o.p.rt",.nt 01 IIWt Trl.t\llY
lntlfMl RlMnUII S.rv\l:. (')9)
Name(sl shown on rolutn
... Attach Ihl.. form to our rolur,,,
nlJ",nw.~ or llf;tNlly In ....."If:h ltll'> 'Will rIIl"I".,
AIt.,r,tlflWlfll
Sl'(ltJl1nClJ ~j(J 67
Idont.rylng numbllr
198.32.7931
1 Maximum dollar limitation. If nn enterprise lone business. see page 2 of rhe instrUClions .
2 Total cost of section 179 property placed in service. See page 2 of the instructions.
3 Threshold cost of section 179 property before reduction in limitation. . . . . . . .
4 Reduction in limitation. Subtract line 3 from line 2. If zero or loss, enter -0- . . . . .
5 Dollar limitation for Inx year. Subtract line 4 from line 1. If lora or less, cnter -0-. If mnrried
filin se aratel . see a e 2 of the instructions ......... 5
fa) DescrIption 0' propony (bl Cost (business use only) Ie) E!cctcd cost
$20.000
6,439
200 000
o
10000
6 MOTORVATION ATV
6,439
6,439
7 Listed property. Enter amount from lioe 21. , . . , . . , ,. 7
8 Total elected cost of section 119 property. Add amounts in column (ci. lines 6 and 1 8
9 Tentative deduction. Enter the smaller of line 5 or line 8 . . . . . . . . . . 9
10 Carryover of d'sallowed deduction from 1999. See page 3 of the 'nstructions. . , 10
11 Business income limitation. Enter the smaller of business income (not less than zero) or line 5 (see instructions) 11
12 Section 119 expense deduction. Add lines 9 and 10, but do not enter more thao 'ine 11 . _ 12
13 Car over of disallowed deduct'oo to 2001. Add lioes 9 and 10, 'ess line 12 ~ 13
Note: Do not use Part /I or Part 11/ below (or listed property (automobiles. certain othel vehicles, cellular telephones.
certain com uters, or ro ert used for entertainment, recreation, or amusement). Instead, use Part V for listed ropert.
MACRS Depreciation for Assets Placed in Service Only During Yout 2000 Tax Year (Do not include
listed properly.)
Section A General Asset Account Election
If you are making the election under section 168(i)(4) to group any assets p'aced in service during Ihe tax year into one
or more Qeneral asset accounts, check this box. See paqe 3 of the instructions. . . . . . . . . . . . ..... 0
Section B-Gcneral Dc reciation S stem (GDS) (See a e 3 of the iostruct'ons.)
(b) Month a~d (c) ~asis for dapreciation (d) Recovery
year pla.ced In (buslnesslinyestmer:t use perl ... (el Convention II) Method (9) Depreciation deduction
service on[ see Instructions 0..
14
(.)
15a
b
c
d
e
r
25 rs. S/L
h 27,S rs. MM S/L
27.5 rs. MM S/L
39 rs. MM S/L
MM S/L
Section C Alternative De reciation S stem (ADS) (See a e 5 of the iostruct'ons.)
16a S/L
b 12 rs, S/L
40 rs. MM S/L
Other De reciation Do not include listed ro ert .) See a e 5 of the instructions.)
17 GOS and ADS deductions for assets p'aced in service 'n tax years beginning before 2000 17
18 Property subject to sect'on 16B(D(1) e'ection. . . , 18
19 ACRS and other de reciation. . . . . . . . . . . . . . . . . . . .. 19
Summa See a e 6 of the instructions.)
20 Listed property. Enter amount from line 26. . . . . . . . . . . . . . . . .. 20
21 Total, Add deductions from line 12, lines 15 and 16 in column (gi. aod lines 11 through 20. Enter
here and on the appropriate lines of your return. Partnerships and S corporations-see instructions 21
22 For assets shown above and placed in service during the current year,
enter the ortion of the basis attributable to section 263A costs 22
1,091
For Paperwork Reduction Act Notice, see page 9 of the instructions.
Cat. No. 12906N
Form 4562 (2000)
-.-~orm 1040 i-=--- ~~::~:;C~:~'~:~:.~~~~~S~~O~~~!~_=-\
TallO;.lVer namo/!I\.119 shown on rann 1040 r Socml Security Numbur
JOHN E MUMMA 198.32.7931
. ---'--..- ~.,_.._~,---_._._.__.__..-'-"-~._----- - --~ - - - -------
'.
For Tull. Yoar
2000
Du.ln." at:tlvlr.YI CAAI..JtH,& 1O:..cnIC
.._ All A...ta by Daea ,..
Oael COlt/ BUI. SaO. aapr. a..la Rae. Currant S.c... Dapr.
D..cr1ptLo~ Aoq. Bull Pet. '" Prior Yr" 'or Capr. .,. 'I'd. aeductLon Capr. N..t Y,.r
RWTAL Ol/l'J'J2 )0,000 '00 30,000 S:.O :Z7.S 1,091 34' 1,0')1
HOTORVATION ATV 050000 6,4]') 100 6.1]9 tn' 5
'IOTALS 36,439 6,43') lO,OOO 1,091 341 1,091
'..m
4562
Depreciation and Amortization
(Including Information on Listed Property)
~@oo
OMS No 1545.0172
o.~ment 01 trI. r"uuty
Inlllmal R....nl..S.w. 1991
Name{s) shown on rl'turn
~ SeD so aralo Instructions.
.. Attach this rorm to our return.
Attachment
Sequence No. 67
Identifying number
198-32-7931
Business or activity 10 which thiS fo"n relates
JOHN E MUMMA 2255 HANOVER STREET
Election To Expense Certain Tangible Property (Section 179)
Note: If' ou have an Iistod ro ert. com IOle Part V bofora
, MaxImum dollar limitation. If an enterprise zone business. sec page 2 of the instructions
2 TOlal cost or section 179 property placed in sorvice. See page 2 or Iho 'nslructions .
3 Threshold cost or soction 179 proporlY bororo reduction in limitation, . , , , . ,
4 Reductlo;1 in limitation. Subtract line 3 (rom line 2. If zero or less, enter -0- . . . .
5 Dollar IImilallon ror lax yoar. Subtraclllno 4 rrom line 1. If loro or loss. ontor -0,. If married
fiUn se aratel . see a 0 2 of the instructions .........
fal Doscription or property (bl Co~t (busmllSS use only) Ie) Elected cost
S20,OOO
6.439
200 000
5
6
7 lIstod property. Entor amount from Iino 27. , , . , , . . ,_ 7
8 Total elected cost of secllon 179 property. Add amounts in coiumn (c). Iinos 6 and 7 8
9 Tenlalive deduct'on. Enler the smallor of Iino 5 or Iino 8 , . . , . , . . . . 9
10 Carryover of disallowed deduction from 1999. Soe pago 3 of tho Instrucllons. , , 10
" Business income limitation. Enter the smaller of business income (not Jess than zero) or line 5 (see instructIons) 11 10,000
12 Secllon 179 expense deduclion. Add lines 9 and la, but do not entor more Ihan line 11 ., 12
13 Car over of disallowed deduction to 2001. Add lines 9 and 10. less line 12 ~ 13
Nota: Do nOI use ParI II or Part 11/ below for Iisled property (automobiles, certain other vehicles, cellular telephones,
certain com uters, or ro ert used for entertainment, recreation, or amusement). Instead, use Part V for fisted ro ert.
MACRS Depreciation for Assets Placed in Service Only During Your 2000 Tax Year (Do not include
listed property.)
Section A-General Asset Account Election
If you are makin9 the election undor section 168(ij(4) to group any asselS piaced in service dur'ng the tax year into one
or more general asset accounts. check this box. See page 3 of the instructions. . , . . . . . . , . . . ~ D
Section B General De reclation S stem (GOS) (See a e 3 of the instrucllons.)
(b) Month and (el Basis for depreciation ) R
year placed In (businesslinvestment use Cd ecovary (e) Convention (0 Method (g) Depreciation deduction
service onl see instructions period
14
(.)
15a
b
c
d
r
h
25
27.5
27.5
39
rs,
rs,
rs,
rs,
S/L
MM S/L
MM S/L
MM S/L
MM S/L
Section C Alternativo Do reelation S stom (AOS) (See a e 5 of the inslruclions.)
S/L
12 rs. S/L
40 rs. MM S/L
Other De reciat/on Do not include listed ro ert. See a e 5 of the instructions.
GOS and AOS deductions ror assets placed in .ervice in lax years beginning before 2000 17
Property subject to section 168(0(1) election. . , . 18
ACRS and other de reciatlon. . . . . . . . . . . . , , . . . , . , 19
Summar See a e 6 of the instructions.)
Lisled property. Enter amounl (rom line 26. , . . , . . , . . , . . , . .
Total. Add deductions from line 12, lines 15 and 16 in column (gl, and lines 17 through 20. Enter
here and on the appropriate lines of your return. Partnerships and S corporations-see instructions
22 For assets shown above and placed in service during the current year.
enter the ortion of the basis attributable to section 263A costs
For Paperwork Reduction Act Notice, see page 9 of the instructions.
16a
b
17
18
19
1,091
20
21
20
21
'1,091
22
Form 4562 (2000)
Cat. No. 12906rJ
o
"
-.--------
--~orm 1~40 --[-
_SI!!"m~ry_Schlldlll.Jor D.pr._cl.llo~.S~.,r!tJI. E9 ,.____
T"O;~~~.;~~,~.~:o~n ~~ronn,~=--=~~~-~~,,~,__ .-. -,-, ~_=,~ I n"r~~;:~~~;:;~'L"r
SUPPLEMENTAL SCHEDULE
For Tm( Your
2000
8udn... .ct.lvltyt 12'i S IVJWVItll: !iTPU'.T
,.. >1, "'fI'"'' hy Oata ..,
Data Co.tl BIll. lac. Vapr. 8..1. Jl.a~, Cllrrant I.e... Dapr.
Da.arlptlon Aa'l' .10.1. 'ct. '" 'rlnr Yr.. 'n. D.pr, "<. I'r<1. Da<1l1ct.ian Oapr. N.llt Y.lr
R.ZNTAt. 01/1990 lC,OOO 100 10.0eO r.t.rJ ;;:"7.5 1.0')1 Hl 1.091
TOTALS JO,OOO lo.oeo 1. 0'1 341 1,091
'.
'\
F"'m
4562
Depreciation and Amortization
(Including Information on Listed Property)
OMll ~jfl 1!l4!).0I12
D*P*Iment oIlhe Tte,uury
Int.mal RlMIr'I\JII5fotvIc" 199)
Name(s, shown on rOfum
~@oo
.. See 50 arato Instructions.
.. Attach thl, form to our rtlturn.
At1Ilchmont
Sf!flllftnCn NQ 67
Identltylng number
198.32-7931
Business or IlctlVlly 10 'I,oich tnl" fOfm wIllies
1
2
3
4
5
Maximum dollar limitation. If an cntf!rpriso zone business, see page 2 of the instructions
TOlal cost of section 179 property placed in service. See page 2 of the instrucllons .
Threshold cost of section 179 property before reduction in limitalion, . . . , , ,
Reduction in Iimilal/on. Sublracl line 3 lrom line 2. If zero or less, enler -0- . . . .
Dollar limitation for tax year. Subtract iine 4 from line 1. If zero or less, enter -0,. If married
filln se aratel . see a e 2 of the Instructions .........
fal Description at property (bJ Cost lbusincss use only)
$20,000
6,439
200 000
o
5
10 000
6
(e) Elected cost
7 lisled property, Enter amount from line 27, . . , , . . , . _ 7
8 Total elected cost of section 179 property. Add amounts in column (c), lines 6 and 7
9 Tentative deduction. Enter the smaller of line 5 or line 8 . . . . , . . . . .
10 Carryover of disallowed deduction rrom 1999. See page 3 of Ihe instruclions. . .
11 Business income limitation, Enter the smaller of business income (not less than zero) or line 5 (see instructions)
12 Section 179 expense deduction. Add lines 9 and 10, but do not enter more Ihan line 11 . _
13 Car over of disallowed deduction to 2001. Add 'ines 9 and 10. less line 12 ~ 13
Note: Do not use Part /I or Part 11/ below for listed property (automobiles, certain other vehicles, cellular telephones,
certain com uters, or ro er used for entertainment, recreation, or amusement). Instead, use Part V for listed ro ert.
MACRS Depreciation for Assets Placed in Service Only During Your 2000 Tax Year (Do not include
listed property,)
Section A-General Asset Account Election
14 If you are making Ihe election under section 168(i)(4) to group any assels p'aced in service during Ihe tax year into one
or more eneral asset accounts, check this box. See a e 3 of the instructions. . . . . . . . . . . . .... 0
Section B General De reciation 5 stem eGOS) (See a e 3 of the Instructions.)
(b) Month and (el Basis for depreciation
year placed in (businesslinvestment use (d) Recovery (el Convention (f) Method (9) Depreciation deduction
service ani -see instructions periOd
8
9
10
11
12
.
10,000
S/L
MM S/L
MM S/L
MM S/L
MM S/L
stem (ADS) (See a e 5 of the instructions.)
S/L
S/L
MM S/L
Other De recialion Do nOI include iisted ro ert .) See a e 5 of the instructions.
GDS and ADS deductions for assels placed in service in tax years beginning before 2000 17
Property subject to sect'on 168(0(1) election. . . . 18
ACRS and other de reelatlon, . . . . . . , . . . . . . . . . , . " 19
Summa See a e 6 of the instruclions,)
Listed property. Enter amount lrom line 26. . . . . , . . . . . . , . . . . _ 20
Total. Add deductions from line 12, lines 15 and 16 in column (g). and I'nes 17 through 20. Enter
here and on the appropriate lines of your return. Partnerships and S corporations-see instructions
22 For assets shown above and placed in service during the current year.
enter the ortion of the basis attributable to section 263A costs
For Paperwork Reduction Act Notice, see page 9 of the instructions.
07/2000
31000
25
27.5
27.S
39
rs.
rs,
rs,
517
h
rs.
16a
b
2,727
20
21
21
3,244
22
Cat No. 12906N
Form 4562 (2000)
-;orm ~~~'~r---'--------- SUPPLEME-NTAL SCHEDULE '-'-J. .----F:;;:: yull-,----
_ _Sl/mm"~y.S~h_.d~!~ fOLD.op!oC lo! 10.". S~~.d"l. El!. _ ____ 2000
-~ -- ----.-~------------ r ~----- ___w
TunaVOf n.1mel,l as shown 0" rorm 10.tO j s_ ocjal St.tcurHy Number:
JOHN E MUMMA 198.32.7931
-------------- . ---_._.__.._- ------." - .------..-- .-.--.-..,-.-,..---
BUlin".. ar:tlvlty, 1:.11;1
Oat.
.., All ,hutl by CoHI ...
COltl .'11. s.,~ . earl'. 11..11 Ille, Currant .xo... Dlpr.
B..l. Pat. '" frtor Yr.. to, nltrr. .'h p,.d. C.<tuctlon Dapro. NIXl Yur
75,000 100 10,,000 SLO ~7. '> 2, 7~7 .S> J,n7
11,000 lGO 31,OeO S!.D 27.5 511 1,127
lOIi,OOO 10li,OOO ],H4 .S> ],854
O..crlptlon
Ae'l.
RENTAL
RISICL'lTIAL
01/19':15
07/:2000
1'OTAt..'l
"
. .
mIl' No lS",S.OIQ\
rDlm
4952
Investment Interest Expense Deduction
~@oo
Dlp.v1InInt diM Tr.a\1I) .. Attach to your tax return.
Intltnal R_nUl S<<\llC1 (991
NllmetsJ shown on 'etum
JOHN E MUMMA
Totallnvostmont Intorost Ex onso
1 Investment lntnrAst expense paid or nccrued in ;WOO. 5fm Il1stnlctioflS.
2 DisallDwod 'nvostment interost expenso frDm 1999 Form 4952. linn 7
3 Totallnvostmcnt interest ex cnse. Add lines 1 and 2 .
Net Invostment Incomo
4a Gross income (rom property held for investment (excluding any net gain from the disposition of
propeny hold fDr investmont). . , . " "..
4b
b Net gain from Iho d'spDsitiDn Df property held for investmont .
4c
c Net capital gain from tho dispDsitiDn Df prDperty hold fDr investmonl
,,",lr.hm(ll"l
511QlJm";ft No 7 2
Identifying number
198-32-7931
1
37
2
3
37
53
10
10
4d
o
d Subtract line 4c from lino 4b. If zero Dr less. onter ,0- . .
e Enter all or part of the amount on line 4c, if any. that you elect to include in investment income.
Do not enter more than the amount on line 4b. See instructions - ..
f Investment income. Add lines 4a, 4d. and 4e. See instructions
Net investment income. Subtract line 5 from line 4f. If zero or less. enter -0-
Investment Interest Ex ense Deduction
7 DisaHDwed investment interest exponse tD be carried fDrward tD 2001. Subtract line 6 from
line 3. If zero or less. enter -0- . . . . .
5 Investment expenses. See Instructions
4.
4f
53
5
6
53
7
o
8 Investment interest expense deduction. Enter the smaller of line 3 or 6. See instructions.
8
37
Section references are to the Internal
Revenue Code unless otherwise nored.
General Instructions
Purpose of Form
Use Form 4952 to figure the amount of
investment interest expense you can deduct for
2000 and the amount you can carry forward to
future years. Your investment interest expense
deduction is limited to your net investment
income.
For additional information. see Pub. 550,
Investment Income and Expenses.
Who Must File
If you are an Individual, estate, or a trust and
you claim a deduction for investment interest
expense, you must complete Form 4952 and
attach it to your tax return unless all of the
following apply.
. Your investment interest expense is not
more than your investment income from
interest and ordinary dividends.
. You have no other deductible investment
expenses.
. You have no disallowed investment interest
expense from 1999.
For Paperwork Reduction Act Notice. see back.
Allocation of Interest Expense
Under Temporary Regulations
Section 1,163-BT
If you paid or accrued interest on a loan and
used the loan proceeds for more than one
purpose. you may have to allocate the
interest. This is necessary because different
rules apply to investment interest. personal
interest. trade or business interest, home
mortgage interest. and passive activity
interest See Pub. 535, Business Expenses.
Specific Instructions
Part I-Total Investment
Interest Expense
Line 1
Enter the inv'lstment interest expense paid or
accrued during the tax year, regardless of
when you incurred the indebtedness.
Investment interest expense is interest paid
or accrued on a loan (or part of a loan) that is
allocable to property held for investment (as
defined later).
Include investment interest expense
reported to you on Schedule K- 1 from a
partnership or an S corporation. Include
Cilt. No. 13'71Y
amortization of bond premium on taxable
bonds purchased after October 22, 1986, but
before January 1, 1988. unless you elected to
offset amortizable bond premium against the
interest payments on the bond. A taxable
bond is a bond on which the interest is
includible in gross income.
Investment interest expense does not
include any of the following.
. Home mortgage interest.
. Interest expense that is properly allocable
to a passive activity. Generally. a passive
activity is any business activity in which you
do not materially participate and any rental
activity. See the separate instructions for
Form 8582, Passive Activity Loss Limitations,
for details.
. Any interest expense that is capitalized,
such as construction interest subject to
section 263A.
. Interest expense related to tax~exempt
interest income under section 265.
. Interest expense, disallowed under section
264. on indebtedness with respect to life
Insurance, endowment, or annuity contracts
issued after June 8,1997, even if Ute
proceeds were used to purchase any
property held for investment.
Form 4952 12000}
, ,
Fo<m
8582
Passive Activity Loss Limitations
D.pM1mo1nlot lh. rtM\ury
Inlemal AlWnue ~"
Name(s) ShOwn on roturn
~ 500 separato Instructions.
. Attach to Form 1040 or Form 1041.
U M
2000 Passive ActJvlty Loss
Caution: See thr. instructions (or Worksl1cers 1 and 2 on
Rental Real Estate Activities With Active Participation (For tlm definition of active pnrticipntion
soe Activo Participation In a Rontal Real Estate Activity an page 4 of the instructions.)
1a Activities with net Income (enter the amount from Worksheet 1.
column (aI), . . . . . .
b Activit'es w'th net lass (enter the amount from Worksheet 1.
column (bl). .. , , , , . , . .
c Prior years unallowed losses (enter the amount from Worksheet
1. column (cl), , . , . .
d Combine lines 1 a. 1 b. and 1 c
All Other Passive Activities
1a
23513
1b
10
29 348
2a Activities with net Income (enter the amount from Worksheet 2.
ca'umn (aI), . . . . . .
b Activities with net loss (enter the amount from Worksheet 2.
ca'umn (bl), .. . , . . . . . . .
c Prior years unallowed losses (enter the amount from Worksheet
2. column (cl). , . , . ,
d Camb'ne lines 2a. 2b. and 2c .
?a
26 044
2b
5175
20
3 Combine lines 1 d and 2d. If the result Is net income or zero. all lasses are allowed. including any
prior year unallowed lasses entered an line 1c or 2c. Do not complete Form 8582. Report the
lasses on the farms and schedules normally used.
If this line and line 1 d are losses, go to Part ,I. Otherwise. enter '-0- an line 9 and go to line 10 3
Special Allowance for Rental Real Estate With Active Participation
Note: Enter all numbers in Part /I as Dsitive amounts. See a e 8 (or exam les.
Note: If your filing Slatus is married filing separately and you lived with your spouse al any time
during the year. do not complete Pan /I. Instead, enter -0, on line 9 and go to line 10.
4
Enter the smaller of the [ass on line 1 d Of the loss an line 3 .
5 ~tl~l
~-.I-
5
6
Enter $150.000. Ir married fii'ng separately. see page 8, , ,
Enter modified adjusted gross income. but not less than zero (see
page 8), " ..". , , . , , .
Nate: If line 6 is grealer than or equal to line 5. skip lines 7 and
8. enter -0- an line 9. and go to line 10. Otherwise. go to
line 7.
Subtract line 6 from line 5 . . . , .
MUlt'ply line 7 by 50% (,5). 00 not enter mare than $25,000. 'f married fiiing separately, see
page 9, , . , . . , , . ,
7
8
9 Enter the smaller of line 4 or line 8
!mill Total Losses Allowed
10 Add the income, if any, on lines 1 a and 2a and enter the total
11 Total lasses allowed from all passive activities for 2000, Add lines 9 and 10. See page 11
to find out how to re art the losses on our tax return. . . . . . . . . . . . . ~
For Paperwork Reduction Act Notice, see page 12 or the instructions.
Cat. No. 63704F
OMH No 1!I'j4!i. HIOA
~@oo
Attllchmonl
Sf) UM(.O No, 88
Identirylng numbor
198.32, 93
2d
20 869
15034
8
9
o
10
49 557
11
34 523
FOIm 8582 12000)
\
't. ,
Form 1040
'---'uUSUPPLEMENTAL SCHEDULE'--'----'--,
I
For Tax Yoar
2000
8~82 Workshoot
Talloavcr namo(s\ as shown on Form 1040:
JOHN E MUMMA
SOCIal SocurHy Numbor:
198.32-7931
Worksheet 1 - For Form 8582, Lines la, 1b, and 1c (For your records,)
I Current Year I Prior Yr, I Overall gain/loss
(a) Income I (b) Loss (c) Una11w (d) Gain I (e) Loss
Name of Activity
105 NORTH HANOVER ST 2,094 2,094
D 213 2,599 2,599
740-742 ALLEN RD 11,931 11,931
GLEBE 6,268 6,268
23 EAST MAIN STREET 4,993 4,993
107 NORTH HANOVER ST 370 370
R J C INDUSTRIES 6,952 6,952
CARLISLE ELECTRIC 5,602 5,602
225 S HANOVER STREET 5,966 5,966
E-1l2 5,830 5,830
WAGNER DRIVE 256' 256
Total.
Lines la, 1b, and 1c 23,5131 29,348[ I xxxxxxxxxx I xxxxxxxxxx
2 - For Form 8582, Lines 2a, 2b, and 2c (For your records.)
Name of Activity
I Current Year I Prior Yr
(a) Income 1 (b) Loss (c) Una11w
5,175
5,175
Overall gain/loss
(d) Gain I (e) Loss
LSP ASSOCIATES
LIBERTY HOLDING CO
LIBERTY HOLDING CO
13,022
13,022
13,022
13,022
2b, and 2c
26,0441
5,1751
[xxxxxxxxxx I XXXXXXXXXX
Worksheet 3 - Use this worksheet if an amount is shown on Form 8582, line 9.
Name of Activity Report On (a) Loss (b) Ratio (c) SpcAll (a) - (c)
105 NORTH HANOVER ST 105 NORTH 2,094 ,07 2,094
D 213 0213 2,599 .09 2,599
740-742 ALLEN RD 740-742 A 11,931 ,41 11,931
GLEBE GLEBE 6,268 ,21 6,268
107 NORTH HANOVER ST 107 NORTH 370 .01 370
E-112 E-1l2 5,830 .2 5,830
WAGNER DRIVE WAGNER DR 256 ,01 256
29,348 l. 29,348
".
Form 1040 1---S'UPPLE~~~;:~S~o~tHE~~~~E:=Hu'~~C_:_'HU_[-- F02~OOar
TalCoaver name{s) as shown on Form 1040: fSOC1HI SoctJrtlY,Numbor
JOHN E MUMMA 198.32.7931
------. - - -- -. -
4 - Allocation of Unallowed Losses
Unallowed
Name of Activity Reported On (a) Loss (b) Ratio (c) Loss
105 NORTH HANOVER ST 105 NORTH 2,094 .06
D 213 0213 2,599 ,08
740-742 ALLEN RD 740-742 AL 11,931 ,35
GLEBE GLEBE 6,268 ,18
107 NORTH HANOVER ST 107 NORTH 370 .01
E-112 E-112 5,830 .17
WAGNER DRIVE WAGNER DRI 256 .01
LSP ASSOCIATES LSP ASSOCI 5,175 .15
Totals 34,523 l.
5 - Allowed Losses
Unallowed Allowed
Name of Activity Reported On (a) Loss (b) Loss (c) Loss
105 NORTH HANOVER ST 105 NORTH 2,094 2,094
D 213 o 213 2,599 2,599
740-742 ALLEN RD 740-742 AL 11,931 11,931
GLEBE GLEBE 6,268 6,268
107 NORTH HANOVER ST 107 NORTH 370 370
E-112 E-112 5,830 5,830
WAGNER DRIVE WAGNER DRI 256 256
LSP ASSOCIATES LSP ASSOCI 5,175 5,175
Totals 34,523 34,523
"
.
.
Form 1040 I
SUPPLEMENTAL SCHEDULE
-----
Taxcavor namotsl as shown 0'1 Form 10010: Social Security Numbor:
JOHN E MUMMA 198.32.7931
8582 Workshool For_A!torna!lvo ~Inlmum Tax
For Tax Your
2000
Name of Activity
Worksheet 1 - For Form 8582. Lines la, 1b, and 1c (For your records,)
I Current Year I Prior Yr, I Overall gain/loss
(a) Income / (b) Loss (c) Unallw (d) Gain I (e) Loss
2 - For Form 8582, Lines 2a, 2b, and 2c (For your records,)
Name of Activity
I Current Year I Prior Yr
(a) Income/ (b) Loss (c) Una11w
Overall gain/loss
(d) Gain I (e) Loss
LSP ASSOCIATES
LIBERTY HOLDING CO
LIBERTY HOLDING CO
16,110
16,110
4,879
16,110
16,110
4,879
2b, and 2c
32,2201
4,8791
I ==xx I XXXXxxxxxx
Activity Report On (a) Loss (b) Ratio (c) SpcAll (a) - (c)
D 213 D 213 1,046 .05 1,046
740-742 ALLEN RD 740-742 A 10,920 .56 10,920
GLEBE GLEBE 1,860 .1 1,860
107 NORTH HANOVER ST 107 NORTH 370 ,02 370
E-112 E-112 4,978 .26 4,978
WAGNER DRIVE WAGNER DR 256 ,01 256
19,430 1. 19,430
3 - Use this worksheet if an amount is shown on Form 8582, line 9.
'.
.~ ' .
Form 1040
SUPPLEMENTAL SCHEDULE
For Tux Yom
8582 Workshool For Allomatlvo Minimum Tax
2000
laxoll\lor namols1 as shown an Form 1040:
JOHN e MUMMA
Sacial Socurlty Numbor:
198.32.7931
4 - Allocation of Unallowed Losses
Unallowed
Activity Reported On (a) Loss (b) Ratio (c) Loss
D 213 D213 1,046 .04
740-742 ALLEN RD 740-742 AL 10,920 ,45
GLEBE GLEBE 1,860 .08
107 NORTH HANOVER ST 107 NORTH 370 ,02
E-1l2 E-1l2 4,978 .2
WAGNER DRIVE WAGNER DRI 256 .01
LSP ASSOCIATES LSP ASSOCI 4,879 .2
24,309 1.
5 - Allowed Losses
Activity
Reported On
(a) Loss
Unallowed
(b) Loss
Allowed
(c) Loss
D 213
740-742 ALLEN RD
GLEBE
107 NORTH HANOVER ST
E-1l2
WAGNER DRIVE
LSP ASSOCIATES
D213
740-742 AL
GLEBE
107 NORTH
E-1l2
WAGNER DRI
LSP ASSOCI
1,046
10,920
1,860
370
4,978
256
4,879
1,046
10,920
1,860
370
4,978
256
4,879
24,309
24,309
, ': ...
PLEASE
DO NOT USE'v'OOR
lABEL
0000114579
PA-40
:i!XX) PAGE 1 OF 2
L
~
19&-32-7931
MUMMA
MU 1&'1-3&-1166
JOHN
E
EX 0 RS R
A 0 FS M
FY 0
SC 50&00
PN
1C 50000.00
4 26044.00
7 .00
10 .00
PO BOX 15&
CARLISLE
PA 17013
1A
2
5
&
11
50000,00
.00
10,00
.00
7&9&4.00
1B
3
6
9
12
.00
53.00
2&77.00
7&9&4.00
2212,00
PLEASE FOLD PAGE ALONG THIS LINE
Local Information .
SChoof District:
School Code:
County:
Munlclpallly:
&lIDr YklO'oyou Iivoo m of 12/31/00
Wost Porry
50800
PERRY
Extension
Amended Return
Fiscal Year Fliers,
ResIdency Status.
R X
N
P
From:
To:
Resident
Nonresident
Part. 'roar Resident
Type Flier
S
J
M X
F
D
Date of death _,_,_
Single
Married, Filing Jointly
Married. Filing Separately
Final Relurn
Deceased
-'--1-
-'-'-
1a. Gross Compensation, from PA Schedule W-2S. or your Forms W.2, or other statemenls. . . . . . . .1 a.
50,000
1b. Unreimbursed Employee Business Expenses. from PA Schedule UE.
.................,.1~
1c. Net Compensation. Subtract Line 1b from Line 1a.
... ......................... .......1c.
50.000
2. Interest Income. Complete and enclose PA Schedule A, if over $2,500.
...."........... 2.
3. Dividend Income. Complete and enclose PA Schedule B, if over $2,500. . . . . . . . . . . . . . .. 3.
53
4. Net Income or Loss from the Operation of Business, Profession, or Farm. . . . . . . . . . . . . . .4.
26,044
5. Net Gain or Loss from the Sale, Exchange, or Disposition of Property .... . . . . . . .. . . . .. . 5.
10
6. Net Income or Loss from Rents, Royalties, Patents, or Copyrights. . . . . . . . . . . . . . . . . . . . .6.
2.877
7. Estate or Trust Income. Complete and enclose PA Schedule J.
.. ..... . ....... .. ..... .... 7.
8. Gambling and Lottery Winnings.
....................... .........................L
9. TotalPATaxablelncome. AddonlytropositiveincaneamolJ1lsfromLilCS 1c,2,3.4,5,6. 7 and 8.
DO NOT ADD any losses reported on Lines 4, 5. or 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9.
78,984
10. Contributions To Your Medical Savings Account. See the instructions.
.... . ............ . .10.
12. PATaxLlabJllty Multiply Line 11 by 2.8"10 (0.028)Also enter on Line 13, SIde 2.
SIdo1
cOJJ]J
."..".. .12.
78,984
2,212
8
11. AdJusted PA Taxable Income. Subtract Line 10 from Line 9 . .............................11.
L
0000114579
EC
CD
FC
CD
0000114579 ---1
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0000214577
L
PA.40
~ PAGE20F2
MUMMA JOHN E 198-32-7931
13 2212.00 14 1400,00 15 .00
16 .00 17 .00 18 .00
19 .00 20A 01 208 00
21 ,00 22 ,00 23 ,00
24 ,00 25 ,00 26 ,00
27 ,00 28 1400,00 29 812,00
30 ,00 31 ,00 32 ,00
33 .00 34 .00 35 ,00
36 .00 37 .00
2.212
13. PA Tax Lfablllty. Enter your tax li<Jbillty from LIne 12 on Side 1........,...........,....... 13.
14. Total PA Tax VvHhhcld. from PA Schedule W-2S. or your Forms W-2, or other statements.
15. Credit from your 1999 PA Income Tax Return. ............ 15.
16.2000 Estimated Installment Payments......... ....... ... 16.
17. 2000 Extension Payment. ........................... 17.
18. Nonresident Tax Withheld on your PA Schedule(s) NRK-1. ... 18.
19. Total Estimated Payments and Credits. Add lines 15, 16, 17. and 18. ............... . , ... 19.
Tax Forgiveness Credit. Complete lines 20a, 20b, 21. and 22. Read inslrucUons.
20a. FiUng Status: X Unmarried or Separated Married Deceased
20b.Oependenls, Part B, Una 2 PA Schedule SP........,.....,................................,.. 20b
21. Tolal Eliglbillty Income from Part C, Line 11, PA Schedule SP. . . . . . . . . . . . . . . . . . . . . .. . . . . .. 21.
22. Tax Forgiveness Credit from Part 0, Line 16, PA Schedule SP. ........................... 22.
23. Total Credit for Taxes Paid to Other States or Countries. Enclose your PA Schedule G or RK-1. . .. 23.
24. PA Employment lncenlive Payments Credit. Enclose your PA Schedule W. RK-1 or NRK.1. . . .. .. 24.
25. PAJobs Creation Tax Credit, from enclosed certificate or PASchcdule RK.1 or NRK-1. ... .. .... 25.
26. PA Waste Tlfe RecycRng Investment Tax Credit, from enclosed certifICate or PASchedule RK.1 orNRK.1. ,.. 26.
27. PA Research and Development Tax Credit, from enclosed certificate or PA Schedule RK.1 or NRK.1. .... 27.
26. TOTAL PAYMENTS and CREDITS. Add Lines 14, 19, and 221hrou9h 27. ............... .... 28.
29. TAX DUE. If LIne 13 is more than Line 28, enter the difference here. . . . . . . .. . .... .. .. . . .. .. 29.
30. OVERPAYMENT. If LIne 28 is more than line 13, enter the difference here. ......,.......... 30.
31. Refund -Amount of LIne 30 you want as a check mailed to you. ................. Refund 31.
32. Credit - Amount of Line 30 you want as a credit to 'jour 2001 estimated tax account. .......... 32.
33. Donation -Amount of line 30 you want to donate to the Wild Resource Conservation Fund. 33.
34. Donation -Amount of Line 30 you want to donate to the U. S. Olympic Committee, PA DivIsion. 34.
35. Donation - Amount of LIne 30 you want to donate to the Organ Donor Awareness Trust Fund. .. 35.
36. Donation - Amount of Line 30 you want 10 donate to the KorealVletnam Memorial Inc. ....... 36.
37. Donation - Amount of Line 30 you want 10 donate to the Breast and Cervical Cancer Fund. . . . 37.
Tha total of Lines 31 through 37 must equal Line 30.
Under penalties of perjury, I (we) declant that I (we) have examined this return, Including all accompanying schedule. and statemllntlJ, and to the best of my (our)
belief they ani true. correct, and complete.
Your Signatural Date: Your Occupation:
MANAGER
14.
1.400
20a.
-L.
-L
1.400
812
Spouse's Signature. If rmng jolnlly:
Dale:
Spouse's OccupatIon:
Preparer or Company Name, other than taxpayor(s)
Pre parer or Company Name (Please Print):
cc ss cia as
SlgnaIUleoltl1ePreparer(OpUonal):
L
0000214577
...J
00002145T1
P~I! 00 NOTCAU. AfJOll1' YOUR ItfFUND UNTIl. BWtrKSAFTtR 'WOO flU!.
Side 2
CARLISLE EI.ECTRIC, INC.
PAYROLL ACCOl.HH
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CARLISLE ELECTRIC, INC.
PAYAOLL ACCOUNT
J\Jhll E \lllllllllit
/'0 flOX 15~
(,\I(I ISLE. /',\ 17UI3
lJlTICER 'ALARY (~U II,,)
h:Jcral Withholding
Social Security EmpJo} cc
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l'..\RLlSI.E I:I.ECTR'C. INC.
/255l'lan:molll Road
I' () Hll\ 158
l'ilrllSh:. Pt\ 170J)
1:'17;~.13.l){,IU lll' (717l6lJ7-2J76
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','
MARIBETH J.R. BUCHER,
PLAINTIFF
VS.
ROBERT W. BUCHER, JR.,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
W
NO. 1998-5834 z M
Tiverc.c, c~ni
CIVIL ACTION - C+tST0DY'
z?
v
n.a
c-
r~
w
3:10
rye
RULE -<
AND NOW, this 25 day of V , 2012, upon consideration of the
within Petition for Special Relief and To Enforce Marital Settlement Agreement, a Rule is
hereby entered against Defendant, ROBERT W. BUCHER, JR., to show cause why the relief
requested should not be granted.
RULE is issued upon the Defendant to show cause why the Plaintiff, MARIBETH J.R.
BUCHER is not entitled to the relief requested. The Defendant shall file an answer to the
petition within days of this date.
RULE RETURNABLE with hearing thereon the !? day of L9 W1-, 2012,
at Q'so o'clock A M. in Courtrooms Cumberland County Courthouse, 1
Courthouse Square, Carlisle, Pennsylvania, 17013-3387.
?sa ?? ?Ca y (G ?? P (lo , ?s`
BY THE COUR
J.
Thomas A. Play a
Common Pleas 3u ge
IT1 Ti
-3;;;
(Dry n,,O.led -2[01A
A,e c
Barbara Sumple-Sullivan, Esquire
Supreme Court 432317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
MARIBETH J.R. BUCHER,
Plaintiff
V.
ROBERT W. BUCHER,
Defendant
Docket Number: 98-5834
Civil Action- Divorce
NOTICE TO PLEAD
To: Maribeth J.R. Bucher
Susan Kay Candiello, Esquire
4010 Glenfmnan Place .
Mechanicsburg, Pa 17055
C ew. L. 1?
??ai? ?.li? -? Ply
You are hereby notified to file a written response to the enclosed Respondent's New Matter to
Petition For Contempt and to Enforce Marriage Settlement Agreement within TWENTY (20) DA!
from service hereof or a judgment maybe entered against you. 11/1
Dated: August 7, 2012
.'IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLV
Barbara Sumple-Sullivan, Esquire
Attorney for Defendant
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. No. 32317
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
MARIBETH J.R. BUCHER,
Plaintiff
V.
ROBERT W. BUCHER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLV
Docket Number: 98-5834
Civil Action- Divorce
DENT'S ANSWER AND NEW MATTER TO PETITION FOR CO:
AND TO ENFORCE MARRIAGE SETTLEMENT AGREEMENT
1. Admitted. With the clarification that the parties have been divorced since Jan
26, 1999 and are no longer Husband and Wife; however, the Agreement does
reference the parties as such.
2. Admitted. With the clarification that the parties have been divorced since Jan
26, 1999 and are no longer Husband and Wife; however, the Agreement does
reference the parties as such.
3. Admitted.
4. Admitted.
1
} . i
5. Admitted. It is further noted that pursuant to the Marriage Settlement
Respondent was required to execute a Note. Respondent did execute said Note in
satisfaction of his contractual obligations imposed by Paragraph 2.C. A true
correct copy of the Note is attached hereto as Exhibit A. Petitioner has never
any action to enforce or execute on the Note since its execution in 1998. Action
the Note is barred by the statute of limitations.
6. Denied. Paragraph 6 is denied as stated. Pursuant to the Note, interest is due
payable for sixty (60) months or until November, 2003. Further, it is asserted
Note does not attribute monthly interest of $625.00. Rather, as indicated in the
amortization attached as Exhibit B run in accordance with the terms of the Note
and the exact language of the Note, each monthly payment was "to be applied
to interest at the rate of six (6%) per cent per annum and thereafter to reduction
principal". Payments were made from December, 1998 to November, 2003
which resulted in satisfaction of all interest due and owing, plus a principal
reduction of $17,313.85. No interest is due and owing after the expiration of the
sixty (60) month period provided for in the Note and as identified in Paragraph
of the Petition.
7. Admitted in part, denied in part. It is admitted that Respondent made additional
principal payments totaling $44,000.00, as well as other lump sum funds
to Petitioner. It is denied that said sums represented interest due and owing.
2
Further, Respondent satisfied ptinciphl payments based on Petitioner's oral
directive requesting he pay certain expenses on her behalf including her share o
expenses incurred for the benefit of the parties' children. Respondent tendered
such payments, believing same to be credited against any principal payment due
her on the Note, in reliance on Petitioner's oral direction to pay her share of
expenses. These expenses include, but are not limited, to college tuition and
camps, continuation of cash payment after emancipation of the children and
termination of Respondent's child support obligations, etc.
8. Denied. It is denied said sum of $133,500.00 is due and owing and proof of
is demanded at trial. Respondent incorporates by reference Paragraph 7 of this
Answer.
9. Admitted in part, denied in part. It is admitted that the language included in
Petitioner's Paragraph 9 is included in the parties' Marriage Settlement
Agreement. However, it is denied that there was any breach of the Marriage
Settlement Agreement by Respondent as the Agreement required Respondent
sign the Note, which he has complied with. Any action on the Note is an
independent civil action which is now barred by the statute of limitations.
3
10. Denied. Paragraph 10 is denied as a conclusion of law to which no response is
due. By way of further answer, Respondent incorporates by reference Paragraph 9
of this Answer.
11. Denied. Paragraph 11 is factually irrelevant since Respondent has complied wi
the terms of the Marriage Settlement Agreement.
12. Denied. Paragraph 12 is denied as a conclusion of law to which no response is due It
is denied that counsel fees are due and owing.
13. Denied. Paragraph 13 is denied as a conclusion of law to which no response is
WHEREFORE, Respondent requests Petitioner's Petition for Contempt and to
Marriage Settlement Agreement be dismissed.
RESPONDENT'S NEW MATTER
14. Paragraph 1 through 13 of Defendant's Answer to Petition for Contempt and to
Enforce Marriage Settlement Agreement are incorporated herein by reference.
15. Respondent has complied with the terms of the Marriage Settlement Agreement
by executing the Note required by Paragraph 2.C.
4
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
MARIBETH J.R. BUCHER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLV.
DOMESTIC RELATIONS SECTION
V.
ROBERT W. BUCHER, Docket Number: 98-5834
Defendant :
VERIFICATION
I, Robert W. Bucher, hereby certify that the facts set forth in the foregoing Reply
Petition for Contempt and to Enforce Marriage Settlement Agreement are true and correct to
best of my knowledge, information and belief. I understand that any false statements made
are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authoriti
Dated: August 6, 2012
to
~ ' ~
MARIBETH J.R BUCHER,
PLAINTIFF
vs.
ROBERT W. BUCHER,
DEFENDANT
NEW
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
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[N PETITION FOR CONT~~IP
AND
TO ENFORCE MARRIAGE SETTLEMENT AGREEMENT
Plaintiff, MARIBETH J.R BUCHER, by and through her attorney, Susan
Candiello, Esquire, of the Law Firm of Susan Kay Candiello, brings this Petition for
and to Enforce Marriage Settlement Agreement and, in support thereof, avers as follows:
14. Paragraphs 1 through 13. of this Complaint are incorporated herein by reference
thereto.
15. Agreed.
16. Denied, By way of further explanation, Mr. Bucher waived all rights when he si
the note.
17. Denied.
18. Denied.
19. Denied.
20. Denied.
WHEREFORE, Plaintiff, MARIBETH J.R BUCHER, hereby respectfully requests
this Court enter an Order finding Defendant, ROBERT W. BUCHER, in contempt
directing Husband to give to Wife the sum of $133 500.00 as ordered in the Marriage
Agreement. Award Plaintiff counsel fees and costs in connection with this instant petition.
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIELLO
Dated: August 17, 2012 Susan Kay Can~ello, sqi
Counsel for Plain
PA I.D. # 64998
4010 Glenfinnan Place
Mechanicsburg PA 17055
(717) 724-2278
MARIBETH J.R. BUCHER,
Plaintiff
v.
ROBERT W. BUCHER, JR.,
Defendant
~`~~~
IN THE COURT OF COMMON PLEAS
THE NINTH JUDICIAL DISTRICT
No. 1998-5834 -DIVORCE
IN RE: CONTINUANCE
ORDER OF COURT
AND NOW, this 23~d day of August 2012, upon receipt and review of the
August 2012 letter from Attorney Sumple-Sullivan requesting a continuance with
concurrence of Attorney Candiello, the request for a continuance is GRANTED.
parties are to contact this court to arrange a mutually agreeable future date for 1
matter.
By the Court,
Thorfias A. Placey C.
Distribution List:
/ Barbara Sumple-Sullivan, Esq.
549 Bridge Street
New Cumberland, PA 17070
~ Susan Candiello, Esq.
4010 Glenfinnan Place
Mechanicsburg, PA 17055
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LAW OFFICES
BARBARA SUMPLE-SULLIVAN
S49 BRIDGE STREET
NEW CUMBERLAND, PENNSYLVANIA 17070-1931
PRONE: (71'1) 774-1445
FAX: (717) 774-7059
August 23, 2012
The Honorable Thomas A. Placey
1 Courthouse Square, Room 301
Carlisle, PA 17013
E-Mail: mhall a,ccpa.net and Regular Mail
Re: Maribeth B. Lucente v. Robert W. Bucher, Jr.
Docket Number: 98-5834
Dear Judge Placey:
I represent the Respondent, Dr, Robert Bucher. Attorney Candiello represents
Petitioner, Maribeth Bucher, A hearing is scheduled before you tomorl•ow at 9:30 a.m.
Yesterday afternoon, I had left a voice mail with your cllalnbels indicating that both
Attorney Candiello and I were in agreement to continuing the hearing to allow for
settlement discussions and further securing financial account information. We had asked
that the matter be taken off your calendar. Please confiltin that you will grant the
continuance, If you require a formal Motion to be filed for this continuance, please have
your staff contact the undersigned or otherwise advise what actions you might require to
confirm this request. Thank you.
BSS/rs
cc: Susan Candiello, Esquire
Dr. Robert W. Bucher, Jr.
Laa~a~a .~uui~iv-ou111vAi1
MARIBETH J.R. BUCHER, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY,
: PENNSYLVANIA
VS.
ZC
: NO. 98-5834
=M
ROBERT W. BUCHER, : CIVIL ACTION -LAW
DEFENDANT : IN DIVORCE
r-- ----
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MOTION TO MOVE FORWARD WITH THE PETITidN Cn
TO ENFORCE MARRIAGE SETTLEMENT AGREEMENr
I. Plaintiff, MARIBETH J.R. BUCHER, reached a verbal settlement with Defendant,
ROBERT W. BUCHER.
2. The Defendant has not followed through with the verbal agreement.
3. Therefore the Plaintiff is renewing her original complaint and wishes to continue with
the court proceeding.
WHEREFORE, Plaintiff, MARIBETH J.R. BUCHER,hereby respectfully requests that
this Court enter an Order scheduling a hearing in this matter.
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIELLO
Dated: March 28,2013 Susan Kay Candie Esquire
-
Counsel for Plai i
PA I.D. # 64998
4010 Glenfinnan Place
Mechanicsburg PA 17055
(717) 724-2278
VERIFICATION
The undersigned hereby verifies that the facts averred in the foregoing document are true
and correct to the best of her knowledge, information, and belief. This verification is made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities.
DATED:
MARIBETH BUCHER
MARIBETH J.R. BUCHER,
Plaintiff
&t
V. IN THE COURT OF COMMON PLEAS
OF THE NINTH JUDICIAL DISTRICT
1998-05834
ROBERT W. BUCHER, JR.,
Defendant IN DIVORCE
IN RE: MOTION TO MOVE FORWARD WITH THE PETITION TO ENFORCE
MARRIAGE SETTLEMENT AGREEMENT
ORDER OF COURT
AND NOW, this 24th day of April 2013, upon consideration of the Motion to Move
Forward with the Petition to Enforce Marriage Settlement Agreement, following a review
of the file and it appearing that the hearing on the Rule to Show Cause was continued to
the call of the parties, a HEARING is scheduled for 8 May 2013, at 2:30 p.m. . in
Courtroom Number Six of the Cumberland County Courthouse, Carlisle,
Pennsylvania, at which time each side is allotted one hour to present/cross examine
witnesses.
B
Thomas WPIacey C.P.J.
C:
Distribution:
w-'-�Barbara Sumple-Sullivan, Esq. al�'
Veslusan Candiello, Esq. :z
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MARIBETH J.R. BUCHER, `
Plaintiff
a
V. IN THE COURT OF COMMON PLEAS
OF THE NINTH JUDICIAL DISTRICT
1998-05834
ROBERT W. BUCHER, JR.,
Defendant IN DIVORCE
IN RE: PETITION TO ENFORCE MARRIAGE SETTLEMENT AGREEMENT
ORDER OF COURT
AND NOW, this 16th day of July 2013, following a hearing on the Petition to
Enforce Marriage Settlement Agreement held on 8 May 2013 the following findings of
fact are made in advance of the decision:
1. The parties entered into a Marriage Settlement Agreement (Agreement)
on 2 November 1998 that was recorded on 25 January 1999;
2. This Agreement was incorporated into the 26 January 1999 Divorce
Decree;
3. This Agreement identified a note to be held by Plaintiff from Defendant in
the amount of$125,000.00;
4. The Agreement called for Defendant to make monthly payments of
$625.00 applied first to interest at a rate of 6%, with all principle and
unpaid interest being due sixty (60) months from the commencement of
payment;
5. The only term in the note beyond the Agreement was for a collection fee
of 5% ($6250.00);
6. In the intervening years the parties' accounting for the payments on this
note is jointly and severally absent;
7. In want of a semblance of an account reconciliation, it is found Defendant
has made the sixty payments under the terms of the Agreement and note;
8. Each party has unilaterally attempted to unsuccessfully modify or change
their beliefs in the terms, conditions, payments, and credits due under the
note;
9. The only post sixty month credits found to be due towards this note are
$12,000.00 paid in 2010, $6,000.00 paid in 2011, and $25,000.00 paid in
2012, for a total of$43,000.00;
10. Additional payments, offsets or overages for interest, alimony, child
support, tuition, and family expenses are not part of the note and are not
being applied against the note;
11. It is found Defendant's making of the required sixty (60) months of
payments towards the note consisted of all interest with a balloon payment
for the remaining balance, $125,000.00, being due on or before the
expiration of the sixty (60) months;
12. In June 2012, Plaintiff sought the enforcement the Agreement and note
and further requested full enforcement for all costs and expenses incurred
in collection per the terms of the note;
13. Payment in full of the note would have been due in calendar year 2003,'
which is nine (9) years before Plaintiff sought collection;
2
14. The delay in enforcement of the Agreement in the court order is not barred
by any doctrine of (aches or statutory limitations;
15. Therefore, Defendant is found to be delinquent in the payment on the
Agreement and note in the amount of$72,000.00 plus collection fees of
$6,250.00.
The Petitioner's request for special relief is GRANTED without offset for any
payments made by Defendant outside the terms of the note and without interest outside
the terms of the note. Defendant shall pay the lump sum remaining on the note and
collection fee of$78,250.00 within 30 days of the date of this decision.
B URT,
Thomas A.'Placey C.P.J.
Distribution:
✓Barbara Sumple-Sullivan, Esq.
./Susan Candiello, Esq.
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MARIBETH J.R. BUCHER, IN THE COURT OF COMMON PLEAS OF._
PLAINTIFF CUMBERLAND COUNTY, .;.
PENNSYLVANIA s Z r,
VS.
NO. 98-5834 Nr ro mac;
ROBERT W. BUCHER, CIVIL ACTION - LAW
DEFENDANT IN DIVORCE
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PETITION FOR CONTEMPT, TO ENFORCE ORDER
AND FOR ATTORNEY'S FEES AND EXPENSES
Plaintiff, MARIBETH J.R. BUCHER, by and through her attorney. Susan Kay
Candiello, Esquire, brings this Petition for Contempt and to Enforce the Order entered on July
16",2013, and collect Attorney's Pees and Expenses and, in support thereof, avers as follows:
1. A hearing was held on May 8,2013, which resulted in an Order filed on July 16, 2013,
in which the Defendant, Robert W. Bucher, was ordered to pay to Maribeth J.R. Bucher, the sum
of$78.250.00 within 30 days of the date of this decision.
2. Thirty days from the decision was August 16, 2011 and no payment was received, Ms.
Bucher tried to contact Mr. Bucher.but was unsuccessful.
3. In speaking with her daughter, Ms. Bucher learned that Mr. Bucher never intended to
pay the moneys ordered by this court.
4. August 19, 2013. Ms. Bucher's counsel called Mr. Bucher's counsel, and learned Mr.
Bucher was attempting to get the money, but as yet could not give her a specific date when he
would have the money.
c 0 9
Rep,17o /
5. Ms. Bucher asks that this court find Mr. Bucher in contempt of the order, and grant
her reasonable fees for her delay in getting this money, and reasonable attorney's fees and
expenses.
WHEREFORE. Plaintiff, MARIBETH J.R. BUCHER,hereby respectfully requests that
this Court enter an Order finding Defendant, ROBERT W. BUCHER, in CONTEMPT of the
Order dated July 16, 2013, and direct that the Defendant. ROBERT W. BUCHER, be
ORDERED to pay to her reasonable Fees resulting from the delay in getting her money and
direct he also pay her reasonable attorney's fees and expenses.
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIELLO
Dated: August 20. 2013 Susan Kay Candi ll Esquire
Counsel fw Plgintif
PA I.D. #64998_,
710 Gladstone Court
Mechanicsburg PA 17055
(717) 724-2278
LAW FIRM OFSUSAN KAY CANDIELLO
Nurse/Attorney
V 710 Gladstone Court, Mechanicsburg, PA, 17055
A,i (717)724-2278 Fax: (717) 724-2279
August 20, 2013
Invoice Number: 2529
Bucher Maribeth
Date description
$0
Hours Rate Totalli
Previous Balance .00]
811 912 01 3 Draftingand Phone Calls L50 $225.00 $337 50
(2)Phone Calls to Client Phone Call to Judge
Placvs office, (2)Phone Calls to Barbara
Sumple-Sullivan, Drafting Petition.
812012013 Travel 1.50 5225.00 $33250
Travel to and from and filing Petition. _
Amount Due 3.00 $615.00
Interest at 1.5% on upaid balance Page,
MARIBETH J.R.BUCHER, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY,
: PENNSYLVANIA r C-)
VS. c CM :..
: NO. 98-5834 -,;
ROBERT W. BUCHER, : CIVIL ACTION- LAW i� --0 �r--
DEFENDANT : IN DIVORCE � ��
>Q o
CD
a
WITHDRAWAL OF PETITION FOR CONTEMPV-' O
ENFORCE ORDER AND FOR ATTORNEY'S FEES AN]Cr
EXPENSES
AND NOW, this day of August, 2013, the Plaintiff, MARIBETH J.R.
BUCHER, withdrawals the Petition for Contempt, to Enforce Order and'for Attorney's Fees and
Expenses.
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIELLO
Dated: August 27, 2013 Susan Kay Candi 1 o, Esquire
Counsel for Pl f
PA I.D. # 64998
710 Gladstone Court ;
Mechanicsburg PA 17055
(717) 724-2278