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HomeMy WebLinkAbout99-04212fi ? I_ t IN THE COURT OF COMMON PLEAS LORI J. BUCKER Plaintiff VERSUS DONALD L. BUCKER. JR Defendant No. 99-4212 DECREE IN DIVORCE AND NOW, ?* % .17-00-3 IT IS ORDERED AND DECREED THAT Lori J. Bucher PLAINTIFF, AND Donald L. Bucher. Jr.. , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marriage Settlement Agreement dated November 19, 2002, and signed b the parties is hereby incorporated into this Decree but not merged. BY THE COURT: ATTE°-:? J PROTHONOTARY OF CUMBERLAND COUNTY STATE OF PENNA. s 1 a3 ?'' LORI J. BUCHER, Plaintiff V. DONALD L. BUCHER, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99-4212 CIVIL TERM IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this L day of ?oo_ o_r , 2002, by and between LORI J. BUCHER, (hereinafter referred to as "WIFE") and DONALD L. BUCHER, Jr., (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on June 3,1989; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, but not limited to the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, the settling of all claims and possible claims by one against the other or against their respective estates, and the equitable distribution of property and alimony for each party. The parties hereto agree and covenant as follows: It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. 2 The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: (1) Is represented by counsel of his or her own choosing, or if not represented by counsel, understands that he or she has the right to counsel: WIFE is represented by Rebecca R. Hughes, Esquire of Irwin, McKnight & Hughes; HUSBAND is unrepresented, but understands that he has the right to representation but chooses not to retain counsel; (2) Is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) Is entering into this Agreement voluntarily after receiving the advice of counsel or after choosing not to consult an attorney; (4) Has given careful and mature thought to the making of this Agreement; (5) Has carefully read each provision of this Agreement; and (6) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect of each provision. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to 3 a just and fair standard, with due regard to the rights of each party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 7. REAL ESTATE: HUSBAND agrees to transfer all right, title and interest which he may have in that marital property located at 349 Huntington Avenue, Enola, Cumberland County, Pennsylvania, and any improvements thereon to WIFE and releases all claims which he may have regarding said real estate in accordance with this paragraph. WIFE agrees to pay any outstanding payments on any mortgages on said property, as well as all real estate taxes, 4 insurance, and any maintenance and repair costs, and hold HUSBAND harmless from any i obligations on said payments and indemnity him if any claim is made against him. The parties understand that the mortgage against the home has been refinanced in WIFE's name individually. 8. PERSONAL PROPERTY: The parties agree that the personal property has been divided to the parties' mutual satisfaction. WIFE hereby waives all right, title and interest which j she may have in any personal property of the HUSBAND. HUSBAND likewise waives any right, title and interest which he has in the personal property of WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to HUSBAND or WIFE with full power to HUSBAND or WIFE to dispose of the same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. 9. AUTOMOBILES: WIFE hereby waives all right, title and interest in any vehicle that HUSBAND currently owns or may own in the future, and agrees to execute all documents necessary to transfer title of any jointly titled vehicles that HUSBAND may own within thirty (30) days of this Agreement. HUSBAND shall hold WIFE harmless for any and all liability associated with the use and purchase of any vehicle he may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or may own in the future, and agrees to execute all documents necessary to transfer title of any jointly titled 5 vehicles that WIFE may own. WIFE shall hold HUSBAND harmless for any and all liability associated with the use and purchase of any vehicle she may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. 10. MARITAL DEBTS: It is agreed that WIFE shall assume all liability for and pay and indemnify HUSBAND against all the debt currently held against the marital property. It is further mutually agreed by and between the parties that WIFE shalt assume all liability for and pay and indemnify the HUSBAND against all debts incurred by WIFE after the date of separation. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. HUSBAND shall assume all liability for and pay and indemnify the WIFE against all debts incurred by HUSBAND after the date of separation. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 6 INSURANCE and EMPLOYEE BENEFITS Both parties agree to waive any right, title or interest in the other's employee benefit, retirement fund, pension fund or other benefit that either party may have. Both parties agree to execute any document necessary to effectuate this waiver of interest. 12. STOCK AND BANK ACCOUNTS WIFE agrees to waive all right, title and interest which she may have in any other savings or checking or any other bank accounts of HUSBAND and likewise HUSBAND agrees to waive all right, title and interest which he may have in the savings or checking or any other bank accounts of WIFE. 13. ALIMONY and DIVORCE The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. The parties both agree to waive all rights to alimony, alimony pendente lite, spousal support, or any other support for the person. 14. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be 7 responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 15. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 16. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, are fully understood by both parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies or any other remedies provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 8 17. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 18. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 19. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 20. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, 9 acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: ej , ,_O (SEAL) LORH. BUC ER (SEAL) ONALD L. BUCHER, Jr. 10 COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this qoAday of 2002, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, LORI J. BUCHER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notarial Seal Marthe L. Noel, Notary Public Carlisle Boro, Cumberland County my commission Expires Sept. ta, 2003 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this 1! "day of Il?1JV "I 2002, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, DONALD L. BUCHER, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand 40mb?• seal. ca r) LL CJ LD t_?.. U:..t. ..Y U ?, U LORI J. BUCHER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW :994212 CIVIL TERM DONALD L. BUCHER, JR., Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Donald L. Bucher, Jr. by certified mail, restricted delivery, on or about July 13, 1999. The Affidavit of Service was filed with the Prothontoary on or about April 22, 2003. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff. April 1, 2003; by defendant: April 1, 2003. (b)(() Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: April 22, 2003. Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: April 22, 2003. Rebecca R. Hughes, squire Attorney for Defendant Date: April 22, 2003 t' c; ;Y9 w' ? L ; ?rl LORI J. BUCHER, Plaintiff V. DONALD L. BUCHER, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99- V IC'; WIL TERM IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT'r0 CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. LORI J. BUCHER, Plaintiff V. DONALD L. BUCHER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW r 99-0 l CIVILTERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c) OF THE DIVORCE CODE NOW comes the plaintiff, Lori J. Bucher, by her attorney, Mark D. Schwartz, Esquire, and files this complaint in divorce against the defendant, Donald L. Bucher, Jr., representing as follows: 1. The plaintiff is Lori J. Bucher, an adult individual residing at 349 Huntington Avenue, Enola, Cumberland County, Pennsylvania 17025. 2. The defendant is Donald L. Bucher, Jr, an adult individual residing at 349 Huntington Avenue, Enola, Cumberland County, Pennsylvania 17025. 3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on June 3. 1989 in Enola, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. There were four (4) children born to this marriage, namely, Thomas Bucher, born August 10, 1990, age 8 years; Steven Bucher, born May 24. 1992, age 7 years, Megan Bucher, born August 11, 1993, age 5 years; and Lacey Bucher, born May 5, 1996, age 3 years. 7. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 8. The plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the manage between the two parties. Respectfully submitted, IRWIN McKNIGHT & HUGHES By: ? fw'a-e2nm ? Mark D. Schwartz, Esquire Attorney for Plaintiff West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I.D. No. 70216 Date: July 12, 1999 VERIFICATION I, Lori J. Bucher, do verify that the foregoing Petition tiled on my behalf, is true and correct to the best of my knowledge, information and belief I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. ?F' ? I?tACA-0--' LORI J. UCHER Date: July I'a-- , 1999 U ty ? ?Lt! I 1 { a' CY, f 44 1 04 p".? ++a/l w ?1 ?Cn w N N F ?c g ?4 5 4 r Iy P ? a. J'r r..1 r 1 LORI J. BUCHER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COLJNTY, PENNSYLVANIA V. CIVIL ACTION -LAW DONALD L. BUCHER, JR., Defendant : No.: 99-4212 CIVIL TERM IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the defendant. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4`h Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. LORI J. BUCHER, Plaintiff V. DONALD L. BUCHER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No.: 99-4212 CIVIL TERM IN DIVORCE AMENDED COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c) OR (d) OF THE DIVORCE CODE And now, comes the Plaintiff, Lori J. Bucher, by and through her attorneys, Irwin, McKnight & Hughes, and files this Amended Complaint in Divorce, against Defendant, Donald L. Bucher, Jr., making the following averments: COUNT I - EQUITABLE DISTRIBUTION The allegations of Paragraph 1 through 8 of the Divorce Complaint are incorporated herein as if fully set forth above. 2. The parties have been unable to determine and equitably dispose of their respective rights and interests in the marital property. 3. Plaintiff will, within 60 days after service of this Amended Complaint upon Defendant, cause to be filed an inventory and appraisement of all property owned or possessed at the time this Amended Complaint is filed. WHEREFORE, Defendant requests the Court to equitably divide, distribute and assign the marital property pursuant to the provisions of Section 3502 of the Divorce Code. Respectfully submitted, Dated: -L 7 -0 IRWIN, McKNIGHT & HUGHES ??o/ Rebecca R. Hughes, s it Attorney I.D. 67212 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Plaintiff CERTIFICATE OF SERVICE I the undersigned hereby certify that on thdY?7day of April, 2002, a copy of the foregoing document was served by first-class, postage prepaid United States mail in Carlisle, Pennsylvania upon the following: Donald L. Bucher, Jr. 1447 State Road Duncannon, PA 17020 IRWIN, McKNIGHT & HUGHES Rebecca R. Hughes, Esquir VERIFICATION I have read the statements made in the foregoing Document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. Ja_. 5;;?? LORI J. BUC ER Date: `t, %,=I I • __ , 2002 ?? ::) (_ t•: ?. I 1 N 1 ? (?? _ i.? ? v 1 _ ! - C? . ?..I V '\ 1 ll+y' t I?'1RN? o n M..Y . V ly?A Y t 1 fYJ,4Y 1'i. x1 Y nt r ? ??w}?h ? ? 4i H 1 ? a ?? ?Y,, 14, 'y 4.LL !ap J '? yr c'Ypr°?.. 4?r^4n?5 Li3 ,? Itl ?w ; e7? VNki.l 5. £ r 1?Y It PM i '.(,. 4MF {1d46 y Fi.r yrr c fJ s q ) aY x'?: In s .,'+\ i .. J Ju? b ?''}} rm w ?t •y"a r } ' r ? a? 1"Y 37yF A .? a+? v 1 A, r? S ? r I r M ? ?? r t 9` I S" ? 111 -? ..b? ?w JI .;L eR 1 G? 4 1 ? MxC?R?I N :iT t' l t.. ! L t Rb J? ?' I t M t { v PA ?, n n1 >iL < e u'fil?u ?? 2 sk. i V Y ?'rfi? yr ? h),?t J )1Y a 'w L 4?n ? o 1 ??iR J y).j' yn?Y f. \ LORI J. BUCHER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DONALD L. BUCHER, JR., : NO. 994212 CIVIL TERM Defendant. : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 12, 1999. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. 1 consent to the entry of a final decree in divorce. 4. 1 understand that 1 may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. Date: April 1 20 03? ?? I Q LORI J. UCHF.R _J W p ? 7 U LORI J. BUCHER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DONALD L. BUCHER, JR., : NO. 994212 CIVIL TERM Defendant. : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 12, 1999. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. 1 consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 1 verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. Date: April 1 _ 20 03 c}r (2 l' n Vl? ?v o U LORI J. BUCHER, Plaintiff, V. DONALD L. BUCHER, JR., Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 994212 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: April. 1 2003 LORI J. B CHER Plaintiff C; M y C\j : U LORI J. BUCHER, Plaintiff, V. DONALD L. BUCHER, JR., Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 994212 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: April 1 , 26 03 uerenuant. Cl) r ~? s L`- `C h^ iii W Cl) U LORI J. BUCHER : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW :994212 CIVIL TERM DONALD L. BUCHER, JR., Defendant : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS: NOW, Rebecca R. Hughes, Esquire, being duly sworn according to law, does depose and state: That she is a competent adult and attorney for the Plaintiff in the captioned action. 2. That a certified copy of the Complaint was served upon the Defendant, Donald L. Bucher, Jr. on July 13, 1999 by certified mail, return receipt requested, addressed to 349 Huntingdon Avenue, Enola, Pennsylvania 17025, with return receipt number Z013 279 039. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. IRWIN, McKNIGHT & HUGHES Date: l/ao?j BY:,(14w6l-?- Rebecca R. Hughes, Esqui Supreme Court Id #E 67212 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Plaintiff Lori J. Bucher ?I C\j C= Cl- o U i qN Q z s LL a Z 013 279 039 us Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Intemaltanel Mall See reverse Sam to DONALD L B CBER Streel a Riarrter 4 HDNTIN N AVENGE Pon OMloe, aLP Cede ENOLA PA 1702 We, $ Cred Fee Spedd Delivery Fee Real DaMq Fee Rehm Reosipl Shoetp to tin a Date Delvered Rabe ROW09=4b19em, 9kb,AAlamossAddess TOTAL Postage a Fees f 0 Pasenwkar Deb JULY 12, 1999 NAER I WEI BUCNEE] Isee SENDER: 4 aCompletehematendror2foraddWW"MiM Marra accc./eard tt, ?ro e to tlre?f ?Itlro mellpiece, or on the beck Naepace dose not ?b snid ¦¦ ATM ReMwbm PeRcelptwta eh lodwta the e e?kle we below a dlNe ?ieo eideNe deeb 5 delivered. $?d 3. Ardde Addressetl to: $ DONALD L BUCKER JE I 349 BUNTINGWN AVENUE ENOLA PA 17025 S. Ra ev da nag (.,t 8. Signet re" •assas or Agent) I also wish to receive the following services (for an extra fee): 1. ? Addressee's Address 2.[3 Restricted Delivery Consult postmaster for fee. ? Registered ? Express Mall ? Return RecgiptI oeM) ® Certified ? Insured Merchandise ? COD o ? 99 dress ronty,f requssfed A PS o 3811, December 1994 1025esae-9-0729 I ? c y \J p U z .? 1 0? Plain ti vs. DONALD L. BUCHER, JR. IN THE COURT OF COMlION PLEAS OF CLIIBERLLYD COUNTY, PENNSYLVANLA N0.__99-4212 19 a master with respect co the followingdclaims) QKIat r), moves the court to appoint ( X) Divorce ( X) Distribution of Property ( ) Annulment ( ) Alimony ( ( ) ) CSrt ounsel Fees ( ) Alimony Pendente Lite ( Casts a ) Cast and Expenses and in support of the motion states: (1) Discover: is complete as to the claims(s) for which the appointment of a master is requested. (byXk mmW,(2) The defendant (has) (kXXxKyK) appeared in the action (personally) (3) the staturory ground(s) for divcrce Esquire). c or d (is) (are) (4) Delete the In'!"Tplicable paragraph(s): (a) The action is not contested. . following claims. NSA) agreement has beep reached with respect to the claims; (c) The action is contested w4-. E uitable distribution -? 1e5p olvee) ct to complthe following or fact. (5) The action (imvakaas) (does nor iavex issues of law (6) The hearing is expected to take (7) Additional in-formation, if any. 4 (hours) (tam) • relevant to the motion: Dare:_ a .tl 26 1011 _ At-or::ey for (Pla+ cif " ORDE3 !?POI*!:?`IC ueg^:RRebecca R. Hughes, A,W NOW Esquire is appointed maser :_th respect Esquire, -_ ollcwi g cla_•s. n i y-3o-oa a? 3v the Court: -4"n J -;,? ?_,. - ?_ ?,, ?;: - _? ?•:. ti? .._ ^ :. ? ?? LORI J. BUCHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 4212 CIVIL DONALD L. BUCHER, JR., Defendant IN DIVORCE AND NOW, this /Z "?' day of 2002, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated November 19, 2002, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Ge r 1 f J. CC: Rebecca R. Hughes Attorney for Plaintiff CURD Donald L. Bucher, Jr. ,pl Defendant )1X-S LORI J. BUCHER, Plaintiff V. DONALD L. BUCHER, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99-4212 CIVIL TERM IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this ?j4` day of ) ic,oavvi\nor , 2002, by and between LORI J. BUCHER, (hereinafter referred to as "WIFE") and DONALD L. BUCHER, Jr., (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on June 3, 1989; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, but not limited to the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, the settling of all claims and possible claims by one against the other or against their respective estates, and the equitable distribution ot'property and alimony for each party. The parties hereto agree and covenant as follows: It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. I 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: (I) Is represented by counsel of his or her own choosing, or it'not represented by counsel, understands that he or she has the right to counsel: WIFE is represented by Rebecca R. Hughes, Esquire of Irwin, McKnight & Hughes; HUSBAND is unrepresented, but understands that he has the right to representation but chooses not to retain counsel; i (2) Is fully and completely informed of the filets relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) Is entering into this Agreement voluntarily alter receiving the advice of counsel or after choosing not to consult an attorney; (4) Has given careful and mature thought to the making of this Agreement; (5) Has carefully read each provision of this Agreement; and j (6) Fully and completely understands each provision of this Agreement, both as j to the subject matter and legal effect of each provision. 11 This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle firrever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and ,.e assigns. The parties have attempted to divide their Marital Property in a manner that conforms to is 3 a just and fair standard, with due regard to the rights of each, party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 7. REAL ESTATE: HUSBAND agrees to transfer all right, title and interest which he may have in that marital property located at 349 Huntington Avenue, Enola, Cumberland County, Pennsylvania, and any improvements thereon to WIFE and releases all claims which he may have regarding said real estate in accordance with this paragraph. WIFE agrees to pay any outstanding payments on any mortgages on said property, as well as all real estate taxes, 4 insurance, and any maintenance and repair costs, and hold HUSBAND harmless from any obligations on said payments and indemnify him if any claim is made against him. The parties understand that the mortgage against the home has been refinanced in WIFE's name individually. 8. PERSONAL PROPERTY: The parties agree that the personal property has been divided to the parties' mutual satisfaction. WIFE hereby waives all right, title and interest which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any right, title and interest which he has in the personal property of WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to HUSBAND or WIFE with full power to HUSBAND or WIFE to dispose of the same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. 9. AUTOMOBILES: WIFE hereby waives all right, title and interest in any vehicle that HUSBAND currently owns or may own in the future, and agrees to execute all documents necessary to transfer title of any jointly titled vehicles that HUSBAND may own within thirty (30) days of this Agreement. HUSBAND shall hold WIFE harmless for any and all liability associated with the use and purchase of any vehicle he may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or may own in the future, and agrees to execute all documents necessary to transfer title of any jointly titled 5 vehicles that WIFE may own. WIFE shall hold HUSBAND harmless for any and all liability associated with the use and purchase of any vehicle she may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. 10. MARITAL DEBTS: It is agreed that WIFE shall assume all liability for and pay and indemnify HUSBAND against all the debt currently held against the marital property. It is further mutually agreed by and between the parties that WIFE shall assume all liability for and pay and indemnity the HUSBAND against all debts incurred by WIFE after the date of separation. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. HUSBAND shall assume all liability for and pay and indemnify the WIFE against all debts incurred by HUSBAND after the date of separation. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. INSURANCE and EMPLOYEE BENEFITS Both parties agree to waive any right, title or interest in the other's employee benefit, retirement fund, pension fund or other benefit that either party may have. Both parties agree to execute any document necessary to effectuate this waiver of interest. 12. STOCK AND BANK ACCOUNTS WIFE agrees to waive all right, title and interest which she may have in any other savings or checking or any other bank accounts of HUSBAND and likewise HUSBAND agrees to waive all right, title and interest which he may have in the savings or checking or any other bank accounts of WIFE. 13. ALIMONY and DIVORCE The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. The parties both agree to waive all rights to alimony, alimony pendente lite, spousal support, or any other support for the person. 14. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be 7 responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 15. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 16. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, are fully understood by both parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies or any other remedies provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 8 17. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 18. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 19. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 20. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, 9 acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests. rights and claims. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: ??l//il t?Jf,?i' fGC•?ii??i? 10 COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, thisDOV-day of-&?- 2002, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, LORI J. BUCHER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notarial Seal Martha L. Noel, Notary Public Carlisle Boro, Cumberland County My Commission Expires es Sept. ta, 2003 COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this AT day o b?QJI , 2002, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, DONALD L. BUCHER, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notarial Seal Martha L. Noel, Notary Public Carlisle Boro, Cumberland County My Commission Expires Sept. 19, 2003 Member, Pennsylvania Association of Notaries IN THE COURT OF COMMON PLEAS OF LORI J. BUCHER CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. DONALD L. BUCHER, JR. : NO. 99 - 4212 IN DIVORCE TO: Lori J. Bucher Rebecca R. Hughes Donald L. Bucher, Jr. , Plaintiff , Counsel for Plaintiff , Defendant , Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the I I th daY of December 2002 at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. Date of Order and Notice: 11/15/02 Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. By the Cou George E. Hoffer, President Judge By: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PA 17013 TELEPHONE (717) 249-3166 LORI J. BUCHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 99 - 4212 CIVIL DONALD L. BUCHER, JR., Defendant IN DIVORCE PRE-HEARING CONFERENCE TO: Rebecca R. Hughes Counsel for Plaintiff Donald L. Bucher, Jr. Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 15th day of November, 2002, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 9/9/02 E. Robert Elicker, II Divorce Master LORI J. BUCHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION- LAW No. 99-4212 CIVIL TERM DONALD L. BUCHER, Jr., Defendant IN DIVORCE PRE-TRIAL STATEMENT OF PLAINTIFF LORI J. BUCHER AND NOW, comes the Plaintiff, Lori J. Bucher, by and through her attorneys, Irwin, McKnight & Hughes, and files this Pre-Trial Statement, according to PA Rules Of Court, Rule 1920.33, as follows: I. List of Assets: this case really has no assets except a marital residence, the value of which was much less than the parties' debt. 2. Expert Witnesses: the plaintiff does not anticipate a need to call an expert witness, however, reserves her right to do so if necessary. 3. Other Witnesses: besides the plaintiff, the mother of the plaintiff may be called relative to the events during and after the marriage which affected the parties' finances. 4. Exhibits: plaintiff will provide exhibits relative to the debts of the parties. 5. Income and Expense Statement: to be provided at pre-trial conference. 6. Personal Property: at this time, the plaintiff is desirous of obtaining two pieces of property from the defendant, namely a deep freeze and a cedar chest which was from her grandmother. The other personal property has been divided to her. satisfaction. Debts: There were several loans outstanding at the time the parties separated. The plaintiffs mother has assisted in refinancing some of these loans, and the plaintiff has refinanced the remaining loans. Additionally, there was a period of time after the plaintiff left the marital residence and the defendant lived in the marital residence when the mortgage was not paid by him, as well as certain utilities, that the plaintiff later paid. Proposed Resolution: The plaintiff, Lori J. Bucher, proposes that this matter be settled with the marital debt being divided between the parties, whereby the defendant would owe to plaintiff his portion of the debt. Additionally, the defendant owns a piece of property in Perry County which is unencumbered and could be either sold or financed to pay the plaintiff. .. _.. ..._ ._... ._. ._... tel. Respectfully submitted, IR cKNIGHT UGHE Rebecca R. Hughes, Esquire 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 Attorney for Defendant Mary V. Spraitzar Date: August 26, 2002 ?: ? i.u :?-: N 7 ??.:. li'? ?? 7. ?? C, f ???- ? _ J Iii . I I CV ? a I ,z 1_1.1. L ;?? r G U a U IN THE COURT OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PHONE: (717) 240.8225 CARLISLE, PA 17013 FAX: (717)240-624s Date: 11/15/02 Plaintiff Name: Lori J. Bucher Defendant Name: Donald L. Bucher, Jr. Docket Number: 00966 S 1999 PACSES Case Number: 5151016831DR29153 Other ID Number: Please Note: All correspondence must include the PACSES Case Number INCOME AND EXPENSE STATEMENT THIS FORM MUST BE FILLED OUT (IF YOU ARE SELF-EMPLOYED OR IF YOU ARE SALARIED BY A BUSINESS OF WHICH YOU ARE OWNER IN WHOLE OR PART, YOU MUST ALSO FILL OUT THE SUPPLEMENTAL INCOME STATEMENT WHICH APPEARS ON THE LAST PAGE OF THIS INCOME AND EXPENSE STATEMENT) INCOME STATEMENT OF: LORI J. BUCHER VERIFY THAT THE STATEMENTS MADE IN THIS INCOME AND EXPENSE STATEMENT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE SUBJECT TO THE CRIMINAL PENALTIES OF 18 PA.C.S.§4904, RELATING TO UNSWORN FALSIFICATION TO AUTHORITY. INCOME: DATE EMPLOYER: AHOLD ADDRESS: TYPE OF WORK: ACCOUNTANT PLAINTIFF/DEFENDANT PAYROLL NO. GROSS PAY PER PAY PERIOD $39.520.00 PAY PERIOD (WKLY, BI-WKLY., ETC.) YEAR ITEMIZED PAYROLL DEDUC77ONS FEDERAL WITHHOLDING SOCIAL SECURITY LOCAL WAGE TAX STATE INCOME TAX RETIREMENT SAVINGS BONDS CREDIT UNION LIFE INSURANCE HEALTH INSURANCE OTHER DEDUCTIONS UNION DUES OPTI-WAGE TAX (SPECIFY) TOTALS NET PAY PER PAY PERIOD $ 2644.50/MO Service Type Pagel of 6 Form IN - 008 Worker ID Income and Expense Statement PACSES Case Number: Other Income (Fill M Appropriate Column) WEEK MONTH YEAR INTEREST Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Comp. Workmen's Compensation IRS Refund Other Other TOTAL INCOME EXPENSES (Fill in A ppropriate CoAumn) WEEK MONTH YEAR HOME Mortgage/Rent 676.00 Maintenance 100.00 Utilities Electric 125.00 Gas Oil 50.00 Telephone 40.00 Service Type Page 2 of 6 Form IN - 008 Worker ID Income and Expense Statement PACSES Case Number: EXPENSES (Fill APAppropriate Column) continued Water Sewer WEEK MONTH 30.00 YEAR EMPLOYMENT Public Transportation Lunch TAXES Real Estate Personal Property Income INSURANCE Homeowners Automobile 50.00 Life Accident Health Other AUTOMOBILE Payments 354.00 Fuel 75.00 Repairs MEDICAL Doctor 100.00 Dentist Orthodontist 60.00 Service Type Page 3 of 6 Form IN - 008 Worker ID Income and Expense Statement PACRFS ce.e ?i..??_.. Service Type Page 4 of 6 Form IN - 008 Worker ID r? I " ?6 -.;?oo;k 161bV- OcJ ,! ; ce C"r ]/} vor c v- mcis el fi kAorn ; f m4-r co"Ice(a, p211 /ktme i.r otlct)d G c?ev Tr vis lor; J _ (?tirher• -1? the mu-He; a?' c?r,cerhs `7"hCre ) r a /vT of 7h' s in air pvo?'ce `fA4 f l5 cw'5e;v( rid --Ac tt'b4(? ?or; Que-7er c"' her 4'?tU/n/e M. 1Ycyti rs• )90ckc?f '::" 99 h9Vc'- OV'e t lOf C700. ac '7oY. o1C ?c>/soh4 _Z j ewj -7'44-1- $'er;loved ou.t v'f W e gar. v- Lind G,c?/AS veve,, t"t-kd veo( "y'o, ??iei? c?zte Ol Lr s -77-£n7S in `Jh S,sr.?e ccs t?l (? _ cc?t P E' c?=f?vYer'J rA?vc:? f h r'ocu.? ou? - `cue is also b;l( ola ov ?of cx GU£(? ?ac?t? ?h?sf ?vcC? SfucK ?9Yc? q?r" moVe<? out' BtF' tie l1ov?e- tie??r? wou?cC be '-A- ke.;IL re.30(ve- 7Y,t s rv6Xfter ?q2? 7°u l I f R f I/ona(o( ? (? ?hNC J/ 140 5Mte P c4 t?, pa loo urlc,v pp ?F? i? r ;: E. Robert Flicker, 11 Divorce Master Traci Jo Colyer Otlice Manager/Reporter 9 North Hanover Street Carlisle, PA 17013 (717) 240.6535 West Shore 697.0371 Ext. 6535 August 5, 2002 Rebecca R. Hughes IRWIN, McKN1GHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 Donald L. Bucher, Jr. 1447 State Road Duncannon,PA 17020 L. Bucher, Jr. RE: Lori J. Bucher Civil No. 99 - 4212 In Divorce OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS Dear Ms. Hughes and Mr. Bucher: Attorney Hughes has certified that discovery is complete. We have not heard from Mr. Bucher; however, we are going to proceed on the issues and that the case basis that there are no outstanding discovery conference. will be ready for trial by the time we complete the pre-hearing A complaint in divorce was filed on July 12, 1999, raising grounds for divirretrievable orce of sign affidavits kof consent and waivers of notice of at both parties intention to request entry of divorce decree so that the divorce can conclude under Section 3301(c) of the Domestic Relations Code. On April 30, 2002, an amended complaint in divorce was filed raising the economic claim of equitable distribution. I would ask that counsel for plaintiff prepare and file the affidavits ice has been effected on the Defendant of the required to show that serv complaint and amended complaint. In accordance with P.R.C.P. 1920.33(b) I am directing attorney ent on Hughes Bucher to each file a pretrial pt of thetpretrial statements, I will Monday, , i I Ms. Hughes and Mr. Bucher 5 August 2002 Page 2 immediately schedule a pre-hearing conference with attorney Hughes and Mr. Bucher, if he remains unrepresented, to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, 11 Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. ROGER B. IRWIN MARCUSA. MCKNIGHT 1/1 JAMES D. HUGHF5 REBECCA R. HUGHES DOUGLAS G. MILLER LAW OFFICES IRWIN McKNIGHT & HUGHES WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013-3222 (717) 249-2353 FAX (717) 249.6354 E-MAIL: IMHL AW@SUPERNET. COM June 13. 2002 ROBERT ELICKER,11, ESQUIRE OFFICE OF DIVORCE MASTER 9 NORTH HANOVER STREET CARLISLE, PA 17013 RE: BUCHERv.BUCHER NO.99-4212 CIVIL Dear Mr. Elicker: HAROLDS. IRWIN (1925.1977) HAROLDS. IRWIN, JR (1971.1986) IRWIN, IRWIN&IRWIN (1956.1986) IRWIN. IRWIN& McKNIGHr (1996.1994) IRWIN. McKNIGHT & HUGHES (1994- 1 Enclosed is the executed certification regarding claims for which the Master has been appointed in the above-referenced matter. Thank you for your kind attention to the same. Very truly yours, IRW W, McKN GHT & HUGHES Rebecca R. es RRH:clc Enclosure cc: Lori J. Bucher Donald L. Bucher, Jr. LORI J. BUCHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 99 - 4212 CIVIL DONALD L. BUCHER, JR., Defendant IN DIVORCE TO: Rebecca R. Hughes Attorney for Plaintiff Donald L. Bucher, Jr. Defendant DATE: Friday, May 10, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what infor ion is required that is not complete in or to prepare the case for trial and indicate ether there are any outstanding interroga ries or discovery motions. 19CMIN ?% MAY 11 2002 uu[[((' I°?? N" ilil ?Ulli IwutiLJ (b) Provide approximat date when discovery will be complete and in cate what action is being taken to complete dk'scovery. '/O DATE COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. .11 LORI J. BUCHER VS. DONALD L. BUCHER, JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW NO. 99'4212 CIVIL 19 IN DIVORCE Defendant STATUS SHEET ,1??0? LORI J. BUCHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 4212 CIVIL DONALD L. BUCHER, JR., Defendant IN DIVORCE TO: Rebecca R. Hughes Attorney for Plaintiff Donald L. Bucher, Jr. Defendant DATE: Friday, May 10, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Lori J. Bucher Plaintiff 99-4212 : FILE NO. VS. IN DIVORCE Donald L. Bucher, Jr. Defendant NOTICE TO RESUME PRIOR SURNAME 20 3 MM ? ? 'ma r r= N = ao z ,CC -a c:) ZC? A 3 O? c co ° CD W Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the 29th day of April 2003 hereby elects to resume the prior surname of Boyer and gives this written notice pursuant to the provisions of 54 P.S. 704. DATE: 71--;"5?1I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Signature r.? ac y71 Signature of ame bein resumed . SS. On the o? day of 20 before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. No Public F Iaaaew.w.° +1 h6110?t M,k %l t,°d el Pq# ?CaB? 3C? ?Oal eo In Witness Whereof, I have hereunto set my hand and official seal. M gMvaa'?ltn?HsAie,wa k ^p Mot JA M VW W 0044 MAWS GW*hu -; g