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HomeMy WebLinkAbout07-7130... KIRBY J. BAER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. n7 _ 7/,.30 SUSAN J. BAER, 64;j Defendant IN DIVORCE NOTICE TO DEFEND 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, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 FLOWER & LENDS" 26 West High Street Carlisle, PA SAIDIS, F LINDSAY Carol J. LindjW, Esquire Attorney Id. 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff 4 A. KIRBY J. BAER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. o 7 - 7/36 t Tt..,. SUSAN J. BAER, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. The Plaintiff is Kirby J. Baer, an adult individual, residing at 454 East Crestwood Drive, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is Susan J. Baer, an adult individual, residing at 454 East Crestwood Drive, Camp Hill, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 24, 1997 in Cumberland FLOWER & LINDSAY .LAW 26 West High Street Carlisle, PA County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that he/she has the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with §3301 of the Pennsylvania Divorce Code. COUNTI EQUITABLE DISTRIBUTION 8. The averments in paragraphs 1 through 7 are incorporated hereto as if fully set forth herein. r- 9. During their marriage, the parties have acquired certain property, both personal and real. WHEREFORE, Plaintiff requests this Court to equitably divide the marital property. SAIDIS, LOWE YMSAY FLOWER & LINDSAY 26 West High Street Carlisle, PA Attorney d. 4 3 26 West igh Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff uire VERIFICATION verify that the statements made in the foregoing document are true and correct. I SAIDIS, FLOWER & LUNDS" 26 West High Street Carlisle, PA understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities Date: i I . ,I R -01 L..1 e.a r cc `i 4 J e1 ' Cy?.// /v A KIRBY J. BAER, Plaintiff V. SUSAN-J. BAER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-7130 CIVIL IN DIVORCE ACCEPTANCE OF SERVICE I, Jeanne B. Costopoulos, Esquire, accept service of the Complaint in Divorce on SAWI FLONVIE S & LENDSsAY 26 West High Street Carlisle, PA behalf of Defendant, Susan J. Baer, in the above-captioned matter and state that I am authorized to do so. Date J ne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Executive Offices at Rossmoyne Mechanicsburg, PA 17055 s--y n er c C JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant KIRBY J. BAER, Plaintiff vs. SUSAN J. BAER, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-7130 CIVIL ACTION - AT LAW DIVORCE PRAECIPE TO ENTER APPEARANCE AS COUNSEL FOR DEFENDANT TO THE PROTHONOTARY: Please enter my appearance as counsel of record for Defendant, Susan J. Baer, in the above divorce action. Dated: /,1?Za?U T By: NNE B. COSTOPOULOS, QUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant CERTIFICATE OF SERVICE I, Jeannd B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Carol J. Lindsay, Esquire SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 By: -'-- ": z1- ?-- ? NE B. COSTOPOULO DIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant Date: fz/20 le ? ? n C7 v i'. 0 41 KIRBY J. BAER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-7130 CIVIL SUSAN J. BAER, Defendant IN DIVORCE NOTICE TO DEFEND 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, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 FLOWER ? LINDSAY 26 West High Street Carlisle, PA SAIDIS, FLOWER TSAY Carol J. Lindsay, E Wire Attorney Id. 44 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff KIRBY J. BAER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-7130 CIVIL SUSAN J. BAER, Defendant IN DIVORCE AMENDED COMPLAINT IN DIVORCE 1. The Plaintiff is Kirby J. Baer, an adult individual, residing at 454 East Crestwood Drive, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is Susan J. Baer, an adult individual, whose last address was 454 East Crestwood Drive, Camp Hill, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 24, 1997 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that he has the SAIDIS, LINDSAY nT'row?ts•?+ruw 26 West High Street Carlisle, PA right to request that the court require the parties to participate in counseling. COUNTI DIVORCE PURSUANT TO SECTION 3301(c) OF THE DIVORCE CODE 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with §3301 of the Pennsylvania Divorce Code. COUNT II DIVORCE PURSUANT TO SECTION 3301(a)(2) and (6) OF THE DIVORCE CODE 8. The averments in the foregoing paragraph are incorporated hereto as if fully set forth herein. 9. Defendant has committed adultery. 10. Defendant has offered such indignities to Plaintiff, an innocent and injured spouse, as to render his condition intolerable and his life burdensome. WHEREFORE, Plaintiff requests entry of a divorce decree. COUNT III EQUITABLE DISTRIBUTION 11. The averments in paragraphs 1 through 10 are incorporated hereto as if fully set forth herein. 12. During their marriage, the parties have acquired certain property, both personal and real. WHEREFORE, Plaintiff requests this Court to equitably divide the marital property. SAIDIS, FLOWED & LINDSAY Carol J. Lindsay, Esqi Attorney Id. 44693 26 West High Street,-- Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS, FLOWER & LE" DSAY At'MM" s nruw 26 West High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Kirby . Ba r it Date: - - C) SAMIS, FLOWER & LINDSAY A16EMPAPUw 26 West High Street Carlisle, PA App ?.? " `? ?403 r-TI R? v o .c 0 ? f ?w i ire ?, ?, . o ?. KIRBY J. BAER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-7130 CIVIL SUSAN J. BAER, CIVIL ACTION - LAW Defendant PRAECIPE FOR WITHDRAWAL OF COUNSEL AND APPEARANCE OF COUNSEL TO THE PROTHONOTARY. Please note my withdrawal as counsel for the Defendant in the above-captioned matter. Dated: f / Z?r U BY: Jeanne B. Costopoulos,?-squire I. D. # 68735 5000 Ritter Road, Suite 202 Mechanicsburg, Pennsylvania 17055 (717) 221-0900 Kindly enter my appearance on behalf the Defendant in the above-captioned matter Dated: -11, BY: I. D. # 203418 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 r r • V _ ? ? ? ??,. 7 - t ;?7 1 T` `r%i f. ??. ?_ ?. '?? _? KIRBY J. BAER, Plaintiff V. SUSAN J. BAER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-7130 CIVIL CIVIL ACTION - LAW NOTICE TO PLEAD TO: Kirby J. Baer c/o Carol J. Lindsay, Esquire Sadis, Flower & Lindsay 26 West High Street Carlisle, Pennsylvania 17013 You are hereby notified that you have twenty (20) days in which to plead to the enclosed Defendant's Answer to Divorce Complaint and New Matter or a Default Judgment may be entered against you. O'BRIE"ARIGA Date: a uire RdWrt J. Dailey, rreet I. D. # 203418 19 West South Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendant KIRBY J. BAER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-7130 CIVIL SUSAN J. BAER, CIVIL ACTION - LAW Defendant DEFENDANT'S ANSWER TO AMENDED DIVORCE COMPLAINT AND NEW MATTER AND NOW, comes the Defendant, Susan J. Baer, by and through her attorney, Robert J. Dailey, Esquire, and respectfully replies to the Amended Complaint as follows: 1. - 5. Admitted. 6. Denied. Defendant does not know what information Plaintiff received regarding counseling. COUNTI DIVORCE UNDER 3301 (C) 7. Admitted. WHEREFORE, Defendant agrees to a divorce. COUNT II DIVORCE UNDER 3301(a)(2) AND 3301(a)(6) 8. No response is required. 9. Denied. Strict proof is demanded at the time of trial. 10. Denied. Defendant did not commit indignities towards Plaintiff and Plaintiff is not innocent and injured. WHEREFORE, Plaintiff is not entitled to a divorce on fault grounds. COUNT III EQUITABLE DISTRIBUTION 11. No response is required. 12. Admitted. NEW MATTER COUNT IV DIVORCE UNDER SECTION 3301(a)(2) AND 3301(a)(6) 13. Plaintiff committed adultery during the marriage and prior to separation. 14. Plaintiff has offered such indignities to the Defendant, an innocent and injured spouse, as to render her condition intolerable and her life burdensome. WHEREFORE, Defendant is entitled to a divorce due to Plaintiffs misconduct during the marriage. Date: -?a Respectfully submitted, O'BRIF4] BA,? IC RoWert J. Dailey, ire I. D. # 203418 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I verify that the statements made in this Defendant's Answer to Amended Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: v Susan J. Baer CERTIFICATE OF SERVICE I hereby certify that on the Sy day of ?- ?o ?L&YU , 2008, I, Robert J. Dailey, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the Defendant's Answer to Amended Divorce Complaint and New Matter, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Carol J. Lindsay, Esquire Sadis, Flower & Lindsay 26 West High Street Carlisle, Pennsylvania 17013 bert J. Dai quire , c= - , f rte KIRBY J. BAER, Plaintiff / Respondent V. SUSAN J. BAER, Defendant / Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-7130 CIVIL TERM : CIVIL ACTION -LAW PETITION TO SCHEDULE APL CONFERENCE AND NOW, comes Defendant / Petitioner, Susan J. Baer, by and through her attorney, Robert J. Dailey, Esquire, and requests that this Court schedule an APL conference with the Domestic Relations Office of Cumberland County and, in support thereof, sets forth the following: 1. Petitioner is Susan J. Baer, Defendant to the above-captioned divorce action. 2. Respondent is Kirby J. Baer, Plaintiff to the above-captioned divorce action. 3. Respondent filed a divorce complaint on November 29, 2007 and filed an Amended Divorce Complaint on April 18, 2008. In his complaints, Respondent included a count for equitable distribution of marital assets. 4. Contemporaneous with the filing of this petition, Petitioner filed an additional count to the divorce complaint for alimony pendente lite. 5. Petitioner does not have sufficient income by which to support herself during the pendency of these divorce proceedings. 6. Respondent enjoys a substantial income from which he is well-able to support Defendant during the pendency of these divorce proceedings and place the parties on an equal footing to maintain and defend the divorce action. ,? , ;: r a , ? .: ? , <r ?LLi ! ?.. `E> r ?. , .x E; „sf .. ? '+ .. ,., P(i ,? , ? --I WHEREFORE, Petitioner requests that this Court schedule an APL conference with the Domestic Relations Office of Cumberland County. Respectfully submitted, O'BRIEN, BARIC & SCHERER ell Robert I Dailey, Esq I.D. No. 203418 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Defendant I Petitioner ? `..! KIRBY J. BAER, Plaintiff / Respondent V. SUSAN J. BAER, Defendant / Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.07-7130 CIVIL TERM CIVIL ACTION -LAW VERIFICATION I, Susan J. Baer, verify that the statements made in the foregoing Petition to Schedule an APL Conference are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsifications to authorities. Date: 041" 1 O$ <90s"'. -J'- ?" Susan J. Baer Defendant / Petitioner 3 ?? l n,: ? <i" -1 KI BY J. BAER, Plaintiff / Respondent V. SUSAN J. BAER, Defendant / Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-7130 CIVIL TERM : CIVIL ACTION -LAW CER®TIFICATE OF SERVICE I hereby certify that on the ? D of VA') 2008, I, Robert J. Dailey, Esquire, of O'BRIEN, BARIC & SCHERER, did serve the Petition to Schedule APL Conference by first class U.S. mail, postage prepaid, to the party listed below, as follows: Carol J. Lindsay, Esquire SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff / Respondent M /'? 4' ? r ? ;'.' ?' 4t,,3 ??; ? ? K %°? " ' ? c: a 7 3 g '?' ?, x ? , 9 ? , ?'"T ? ?.""' _ r`Y'y "' 1,U e,.; ?.:._. i... i i s?? • `??` ``?, 'TM{ ' ? ' .t \m ?V KIRBY J. BAER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-7130 CIVIL TERM SUSAN J. BAER, Defendant CIVIL ACTION -LAW NOTICE TO PLEAD TO: Kirby J. Baer c/o Carol J. Lindsay, Esq. SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 You are hereby notified that you have twenty (20) days in which to plead to the enclosed Defendant's Additional Count to Divorce Complaint or a Default Judgment may be entered against you. Date: Wain O'BRIEN, BARIC & Ro&rt J. Dailey, Esqui I.D. No. 203418 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendant A KIRBY J. BAER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-7130 CIVIL TERM SUSAN J. BAER, Defendant CIVIL ACTION -LAW ADDITIONAL COUNT TO DIVORCE COMPLAINT AND NOW, comes Defendant, Susan J. Baer, by and through her attorney, Robert J. Dailey, Esquire, and files the within additional count to the divorce complaint and, in support thereof, avers the following: COUNT V - ALIMONY PENDENTE LITE 15. Defendant hereby incorporates by reference paragraphs one (1) through fourteen (14) of her Answer to Amended Divorce Complaint and New Matter as though set forth at length. 16. Defendant does not have sufficient income by which to support herself during the pendency of these divorce proceedings. 17. Plaintiff enjoys a substantial income from which he is well-able to support Defendant during the pendency of these divorce proceedings and place the parties on an equal footing to maintain and defend the divorce action. 18. The parties own significant assets and a count for equitable distribution has been filed. WHEREFORE, Defendant requests that this Court enter an order granting Defendant alimony pendente lite until this divorce is finalized and a decree is entered. Respectfully submitted, O'BRIEN, BARIC & Robert J. Dailey, E I.D. No. 203418 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Defendant ..t tip all KIRBY J. BAER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-7130 CIVIL TERM SUSAN J. BAER, Defendant CIVIL ACTION -LAW VERIFICATION I, Susan J. Baer, verify that the statements made in the foregoing Additional Count to Divorce Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsifications to authorities. Date: og ?}? I og ? 4. ??? Susan J. Baer Defendant i z 1. ? p KIRBY J. BAER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-7130 CIVIL TERM SUSAN J. BAER, Defendant CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that on the. of ?Awtj- 2008, I, Robert J. Dailey, Esquire, of O'BRIEN, BARIC & SCHERER, 'd serve the Additional Count to Divorce Complaint by first class U.S. mail, postage prepaid, to the party listed below, as follows: Carol J. Lindsay, Esquire SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff ` _1 -rt 6 5 r { KIRBY J. BAER, Plaintiff V. SUSAN J. BAER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7130 CIVIL TERM : CIVIL ACTION -LAW Substitution of Counsel / Change in Address Without Leave of Court (Rule 1012(b)(2)(ii)) To the Prothonotary: Praecipe for Entry of Appearance Please enter my appearance on behalf of Susan J. Baer, Defendant. I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Papers may be served at the address set forth below: Robert J. Dailey, Esquire I.D. No. 203418 Gerber & Associates 46 East Main Street Palmyra, PA 17078 Phone (717) 838-5411 Fax (717) 838-3047 rdailey@ggerberlawoffice.com Date: 29th of August, 2008 To the Prothonotary: Praecipe for Withdrawal of Appearance Please withdrawal my appearance on behalf of Susan J. Baer, Defendant O'Brien, Baric & Scherer Date: 29th of August, 2008 Robert J. CERTIFICATE OF SERVICE I hereby certify that on the* day of 2008, I, Andrea M. Barrick, of O'Brien, Baric & Scherer, did serve a copy of the Substitution of Counsel/Change of Address Without Leave of Court (Rule 1012(b)(2)(ii)), by first class U.S. mail, postage prepaid, to the party listed below, as follows: Carol J. Lindsay, Esquire Saidis, Flower and Lindsay 26 West High Street Carlisle, Pennsylvania 17013 Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Andrea M. arrick C`... ca _4 cg's _T_ '-ri Z7 KIRBY J. BAER, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. SUSAN J. BAER, Defendant/Petitioner CIVIL ACTION - DIVORCE NO. 07-7130 CIVIL TERM IN DIVORCE PACSES NO: 733110350 ORDER OF COURT AND NOW, this 24th day of September, 2008, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on October 21, 2008 at 1:30 P.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Robert J. Dailey, Esq. Carol J. Lindsay, Esq. i 04 Date of Order: September 24, 2008 tzt -41 . Sh ay, C nference Officer / YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 Fin KIRBY J. BAER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent . CUMBERLAND COUNTY, PENNSYLVANIA VS. SUSAN J. BAER, Defendant/Petitioner CIVIL ACTION - DIVORCE NO. 07-7130 CIVIL TERM IN DIVORCE PACSES Case No: 733110350 ORDER OF COURT AND NOW, this 21st day of October 2008, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 3,618.01 and the Respondent's monthly net income/earning capacity is $ 4,478.32, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Three Hundred Forty-four and 00/100 Dollars ($ 344.00) per month payable weekly as follows: $ 344.00 per month for Alimony Pendente Lite and $ 0.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule in the amount of $ 158.77 bi-weekly. The effective date of the order is August 29, 2008. Arrears set at $ 721.93 as of October 21, 2008. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Susan J. Baer. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 Collection will be held in abeyance until after the hearing before the Support Master. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. g Consented: Petitioner Respondent Mailed copies on: October 22, 2008 to: Petitioner Respondent Robet J. Dailey, Esq. Carol J. Lindsay, Esq. Petitioner's Attorney Respondent's Attorney BY THE COURT, Edgar B. Bayley, J DRO: R.J. Shadday GJ + . { ZZ. J d TM KIRBY J. BAER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-7130 CIVIL SUSAN J. BAER, Defendant IN DIVORCE REQUEST FOR DE NOVO HEARING AND NOW, comes Kirby J. Baer, by and through his counsel, Saidis, Flower & Lindsay, and requests this Honorable Court order a de novo hearing on Defendant's Petition for Alimony Pendente Lite. SAIDIIS, FLOWE L SAY Carol J. Lindsay; scjUire Supreme Coyft I No. 44693 26 West Hig reet Carlisle, PA 17013 717-243-6222 SAIDIS, LMD5AY ATIORl„E1 AT•1AW 26 West High Street Carlisle, PA VERIFICATION I, Carol J. Lindsay, attorney for Kirby J. Baer, verify that the statements made in the foregoing document are true and correct and certify that I am authorized to do so. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Carol J. Lindisa , 6,6quire, attorney or Kirby J. BaQ?' SAIDIS, FLOWER & LINDSAY ATTDW4M,AT uw 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE On the -31 day of A?Vv 2008, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Robert J. Dailey, Esquire 46 East Main Street Palmyra, PA 17078 SAIDIS, FLOWER & LINDSAY Carol J. Linds?r, sq`uiile Supreme C rt I No. 44693 26 West Hi reet Carlisle, PA 17013 717-243-6222 SAIDIS, LINDSAY ATMENM.AT.>aw 26 West High Street Carlisle, PA `'.'' i." e° ,. a -ri ?Y? --+ -,?. ry?y c,.J ,,+, s, _... r?? `..M.t? ?r'? ..1 • ^? ..r;? r 4% In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SUSAN J. BAER ) Docket Number 07-7130 CIVIL Plaintiff ) VS. ) PACSES Case Number 733110350 KIRBY J. BAER ) Defendant ) Other State ID Number ORDER OF COURT You, KIRBY J. BAER plaintiff/defendant of 454 E CRESTWOOD DR, CAMP HILL, PA. 17011-1212-54 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the DECEMBER 1, 2008 at 1:30PM fora hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. 1 Worker ID 21302 IN BAER PACSES Case Number: 733110350 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: 1 1 ".S ` O JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. v. BAER CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 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 at: (717) 2 4 0 - 6 2 2 5 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Rev. Worker ID 21302 C? c c -? u ?y^ ???? W r w In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SUSAN J. BAER ) Docket Number 07-7130 CIVIL Plaintiff ) vs. ) PACKS Case Number 733110350 KIRBY J. BAER ) Defendant ) Other State ID Number ORDER OF COURT You, SUSAN J. BAER plaintiff/defendant of 43 CARDINAL DR, CARLISLE, PA. 17015-4311-43 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the DECEMBER 1, 2008 at 1: 3 0 PM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. I Worker ID 21302 BAER v• BAER PACSES Case Number: 733110350 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: $ b JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 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 at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Rev. 1 Service Type M Worker ID 21302 co In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SUSAN J. BAER ) Docket Number 07-7130 CIVIL Plaintiff ) VS. ) PACSES Case Number 733110350 KIRBY J. BAER ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, SUSAN J. BAER of 43 CARDINAL DR, CARLISLE, PA. 17015-4311-43 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 On the 8TH DAY OF JANUARY, 2009 at 8:30AM for a hearing. This date replaces the prior hearing date of DECEMBER 1, 2008 You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Form CM-514 Rev. 1 Service Type M Worker ID 21302 BAER V. BAER PACSES Case Number: 733110350 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: 1 Cv? JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATT THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 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 at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-514 Rev. 1 Service Type M Worker ID 21302 ?? ., w (?3 l ' ? ? --^) __ ? ?.~ . *? ?. } _ ?...7 ; `.. ? y9 i.+' F ' s ?? ?.,w, ? . In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SUSAN J. BAER ) Docket Number 07-7130 CIVIL Plaintiff ) vs. ) PACSES Case Number 733110350 KIRBY J. BAER ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, KIRBY J. BAER of 454 E CRESTWOOD DR, CAMP HILL, PA. 17011-1212-54 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 On the 8TH DAY OF JANUARY, 2009 at 8: 3 OAM for a hearing. This date replaces the prior hearing date of DECEMBER 1, 2008 You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Form CM-514 Rev. 1 Service Type M Worker ID 21302 BAER V. BAER PACSES Case Number: 733110350 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. Date of Order: I I-) ?__ (A BY THE COURT: Q,e JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 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 at: (717) 2 4 0 - 6 2 2 5 - All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-514 Rev. Service Type M Worker ID 21302 JAN/05/2009/MON 04;05 PM KIRBY J. BAER. Plaintiff w. SUSAN J. BAER, Defendant P. 004/004 IN THE COUR. OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PACSES NO. 733110350 NO. 07-7130 CIVIL TERM : CrM ACTION - LAW To: The Domestic Relations Ofi?ee of Cumberland County Attn: Michael R. Rundle, Esqu re ? Support Master Please touninate the alimon as a result of both parties mutually all arrears and amounts held in esm and all funds collected to Plaintiffi had ordered that all APL payments such. Defendant has not and does r in escrow. Please cancel the de novo 1v have indicated their consent on the 67 MDA 2000 (Pa. Super (HB(3) & pendente lite award to the above-captioned docket number graving io terminate said award. Defendant waives any and w by Domestic Relations and requests that DRO return any unediately. Ms. Sbadday had recommended and the Court vere to be held in escrow until a hearing on the matter. As t wish to receive any of the APL payments made and placed scheduled for Thursday, January 8, 2009. Both parties ttion and Agreement as required by &bert v. Rebert. Respecaftlly submitted, GERBER 8t P4bert J. =%' squid I.D. No. 246 East Main Strv Palmyra, PA 17078 Phone (717) 838-5411 Attorney for Defendant r?.? ?_^? ..- ? c... :- -_ :? ? _, ,., ?, 6? . ' ? ?:?: JAN/05/2009/MON 04:04 PM .. .aa? BAER, Plaintiff V. SUSAN J. BAER, Defendant P. 003/004 IN THE COURT OF COMMON PLEAS OF CUN BERLANA COUNTY, PENNSYLVANIA. PACSES NO. 733110350 NO. 07-7130 CIVIL TERM : CIVIL ACTION g LAW THIS STIPULATION AGREEMENT, entered into this 100k day of hpc0 M10-or 2001, by and between Kirby J. 3aer (hereinafter, A?laintif S) and Susan J. Baer, :a/k/a Susan J. Scher (hereinafter, Mefendant$) is executed in contemplation of terminating an order for alimmony p ndente lite (hereinafter, WU). WHEREAS, Plaintiff filed #)r divorce from Defendant on November 29, 2007; WHEREAS, Defendant VAIEREAS, after a confer to Defendant on October 21, 2008; WHEREAS, Defendant WHEREAS, a de novo.he WHEREAS, the' patties h settlement agreement whereby Di support, APL, or alimony and fur in escrow by Domestic Relations a petition for APL on August 29, 2008; at Domestic Relations, this Court ordered an APL award requested a de nova hearing before the Support Master, kg is currently sohedulcd•for Thursday, January 8, 2009; agreed to and entered into a comprehensive marriage dant has agreed to drop the APL and to not seek any type of has agreed to waive any and all arrears and amounts held requests return of those funds to Plaintiff immediately; and WHEREAS, the parties no wish to enter into this Stipulation and Agreement to terminated the APL order relative t the above-captioned docket and cancel the de novo hearing. NOW TITEREF'ORE, in coi agreements, the parties agree that t] PO , a ing to affix their c 'v tures. Kirb $ Susan J. Baer, nW& Susan J.. Sohev deration of the mutual covenants, promises and APL order shall be terminated and the hearing canceled. legally bound, the parties and thereto, do hereby Wit=$ , Cc 313 JAN/05/2009/MON 04;04 PM LAW OFFICE OF GerberTanner & ASSOCIATES VIA FACSIMILE (717) 240-7777 & US Mail Michael R. Rundle, Esquire 9 North Hanover Street Carlisle, PA RE: Baer v. Baer Case No. 07-7180 Dear Michael: Enclosed please find the Prael Agreement to Terminate Alimony Aen IUD/rsp Eaclosura; Praecipe to Terminm Alimony Pendaht'e 'Stlpulatlon and Agreement to Terminate Cc: carob. Unday, Esquire P. 002/004 Daryl). Garber Megan E. Ryland-Tanner Shown J. layman 46 East Main Street Palmyra, PA 17078 P 717.838-5411 F 717-838-3047 www.gerberl awofffce. com January 5, 2009 03?' :ipe to Terminate Alimony P,endente Lite and Stipulation & dente Lite pertaining-to.thp above referenced case. .very truly. yours, GERBER &' ASSOCIATES Robert J. Dailey imony Pendente uxe CCIaI - KIRBY J. BAER, Pla V. SUSAN J. BAER, Defenda AND NOW, this 7th d; scheduled for a hearing de r claim for alimony pendente I all outstanding issues as set December 10, 2008, a copy decreed that the order of alir terminated effective this date escrow by the Pennsylvania refunded to the Plaintiff/Rest Cc: Kirby J. Baer Susan J. Baer : IN THE COURT OF COMMON PLEAS OF ent: CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION PACSES NO. 733110350 DOCKET NO. 07-7130 CIVIL ORDER OF COURT iy of January, 2009, this matter having been ovo before the Support Master on the Petitioner's re, and the parties having reached an agreement on forth in their Stipulation and Agreement dated A which is attached hereto, it is ordered and cony pendente lite entered October 21, 2008 is with all arrears remitted and any amounts held in State Collection and Disbursement Unit to be ondent immediately. Carol J. Lindsay, Esq?ire For the Plaintiff Robert J. Dailey, Esq?ire For the Defendant DRO rYa > c 77 KIRBY J. BAER, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PACSES NO. 733110350 NO. 07-7130 CIVIL TERM SUSAN J. BAER, Defendant : CIVIL ACTION µ LAW STIPULATION AND AGREEMENT TO TERMINATE ALIMONY PENDENTE LITE ,I THIS STIPULATION AND AGREEMENT, entered into this ? day of 1 Vo m b y''' 2008, by and between Kirby J. Baer (hereinafter, FPlaintim) and Susan J. Baer, n/k/a Susan J. Scherer (hereinafter, Mefendantg) is executed in contemplation of terminating an order for alimony pendente lite (hereinafter, FAPLS). WHEREAS, Plaintiff filed for divorce from Defendant on November 29, 2007; WHEREAS, Defendant filed a petition for APL on August 29, 2008; WHEREAS, after a conference at Domestic Relations, this Court ordered an APL award to Defendant on October 21, 2008; WHEREAS, Defendant timely requested a de novo hearing before the Support Master; WHEREAS, a de novo hearing is currently scheduled for Thursday, January 8, 2009; WHEREAS, the parties have agreed to and entered into a comprehensive marriage settlement agreement whereby Defendant has agreed to drop the APL and to not seek any type of support, APL, or alimony and further has agreed to waive any and all arrears and amounts held in escrow by Domestic Relations and requests return of those funds to Plaintiff immediately; and WHEREAS, the parties now wish to enter into this Stipulation and Agreement to terminated the APL order relative to the above-captioned docket and cancel the de novo hearing. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements, the parties agree that the APL order shall be terminated and the hearing canceled. WH FO .,a eing to b affix their yfttures. v r? Kirb Ba r/ ?? 4, Susan J. Baer, nWa Susan J. Scherer legally bound, the parties and witnesses thereto, do hereby Z Witness ?_'L %,.Ak Witness DEC 0 8 20 SCANNED 0 KIRBY J. BAER, Plaintiff V. SUSAN J. BAER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PACSES NO. 733110350 NO. 07-7130 CIVIL TERM : CIVIL ACTION - LAW PRAECIPE TO TERMINATE ALIMONY PENDENTE LITE To: The Domestic Relations Office of Cumberland Count v Attn: Michael R. Rundle, Esquire - Support Master Please terminate the alimony pendente lite award to the above-captioned docket number as a result of both parties mutually agreeing to terminate said award. Defendant waives any and all arrears and amounts held in escrow by Domestic Relations and requests that DRO return any and all funds collected to Plaintiff immediately. Ms. Shadday had recommended and the Court had ordered that all APL payments were to be held in escrow until a hearing on the matter. As such, Defendant has not and does not wish to receive any of the APL payments made and placed m escrow. Please cancel the de novo hearing scheduled for Thursday, January 8, 2009. Both parties , have indicated their consent on the Stipulation and Agreement as required by Rebert v. Rebert 67 MDA 2000 (Pa. Super (HBG) 8/7/2000). Respectfully submitted, GERBER & SSOCIATE Rigbert J. Dailey, gsquiv I.D. No. 203418 46 East Main Street Palmyra, PA 17078 Phone (717) 838-5411 Attorney for Defendant KIRBY J. BAER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW SUSAN J. BAER, Case No. 2007-7130 Defendant In Divorce AFFIDAVIT UNDER & 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on November 29, 2007 in the Cumberland County Prothonotary's office. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days (90) have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. § 4904 relating to unsworn falsification to authorities. tiy Date: Susan J. Baer • .. Sc NNE c -I] c _ -a rra -77 cn i KIRBY J. BAER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW SUSAN J. BAER, Case No. 2007-7130 Defendant In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 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 are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: Susan J. Baer i t O SCANNED N r - ? m h ?'4. KIRBY J. BAER, Plaintiff V. SUSAN J. BAER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-7130 CIVIL IN DIVORCE THIS AGREEMENT made this day of 200- between KIRBY J. BAER, 454 East Crestwood Drive, Hill, Cumberland County, Pennsylvania, hereinafter referred to as Husband, and SUSAN J. BAER, of 43 Cardinal Drive, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on May 24, 1997, in Cumberland County, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, to Number 07-7130, Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time 1 may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. On the same day as they execute this Agreement, the parties will sign Affidavits of Consent and Waivers of Notice necessary to finalize the divorce and Husband will move for the entry of a Decree in Divorce at that time. (3) REAL PROPERTY: The parties are the owners of certain real estate with improvements thereon erected and known and numbered as 454 East Crestwood Drive, Camp Hill, Cumberland County, Pennsylvania. Husband is residing in the marital home. Nevertheless, Husband will transfer to Wife by special warranty deed, all his right, title and interest in the marital home. Within forty-five (45) days of the date of this Agreement, Wife will refinance the marital home so that Husband is no longer liable and Husband will tender the Deed to her at the time of refinance. At the time of refinance, also, Wife will pay to Husband 50% of the equity of the marital home less $7,000.00. The equity in the marital home shall be defined as the value of the marital home as determined by the appraisal commissioned by Wife's lender in connection with the refinance, or the value of $208,000., whichever is higher, less the payoff on the first mortgage on the home. At or before the date of refinance, Husband will move from the marital home which shall be, then, exclusively Wife's property. However, in the event Wife refinances before, January 5, 2009, Husband shall remain resident at the marital home exclusively without rent and with a 2 post-settlement lease, until at least January 5, 2009 at which time he will provide possession to Wife. Pending the sale of the home, Husband will be solely responsible for all expenses pertaining to the home including the first mortgage, taxes and insurance, as well as utilities. Wife shall be exclusively responsible for the payment of the second mortgage. By this Agreement, the parties waive any claim each may have against the other for payments to maintain the marital home incurred subsequent to their separation. Husband will receive any refund of escrow or homeowner's insurance checks issued subsequent to the refinance for the months when he was paying the first mortgage exclusively. For any months during which the parties equally contributed to the first mortgage, they will split the refund checks equally. (4) DEBT: A. Marital Debt: Husband and Wife acknowledge and agree that there are no other outstanding debts or obligations which are marital or for which the other might be liable with the exception of the mortgage and home equity line of credit referred to above. However, the parties had a joint credit card account with Bank of America, account number -7838 with a balance on November 21, 2007 of $2,188.48. The parties warrant and agree that the balance has been paid in full and that the account has been closed. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on October 1, 2007, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible 3 and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within ten days of the date of this agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. Specifically, Husband will retain the 2006 Sea Doo personal watercraft and Wife will retain the 2003 Ford Explorer Limited. The parties have sold 2001 Cadillac DTS and applied the proceeds to the home equity loan. The parties are owners of a 1993 Sea Ray 290 Sundancer power boat which they have placed for sale. Pending sale, they will equally contribute to all expenses related to the maintenance of the boat including slip fees, haul out costs, winterization and general repairs until the boat is sold. In the event one party advances the costs associated with preserving the boat, he or she will provide documentation of that cost to the other who will pay his or her half within thirty (30) days. The parties will equally divide the proceeds of sale. The parties acknowledge and agree that Husband has paid, up until the date of this Agreement, for the maintenance of the Sea Ray, $3,777.00. Upon the refinance of the marital home, Wife will pay to Husband one-half of that amount. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they shall effect a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property whether such 4 property was heretofore owned jointly or individually by the parties hereto. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. Wife will retain Tonka and Rocky, two Rottweiler dogs. Husband may visit with the dogs as the parties may agree. In the event Wife is no longer able or willing to care for the dogs on a permanent basis, she will give to Husband the right to care for the dogs before giving or selling them to any other person. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. Each of the parties is retaining certain financial assets. Husband is retaining his Harleysville stock and his Harleysville employee stock purchase plan as well as his Harleysville retirement savings plan, his Computershare stock, his Donegal Mutual Insurance 401(k) plan, and his Citigroup Roth IRA. Husband will also retain the Vanguard STAR fund which is jointly titled and Wife will execute any documents required by Vanguard in order to transfer all her right, title and interest in the Vanguard STAR fund to Husband. Wife will retain her Vanguard (SAIC) account, her ING account, her Roth IRA, her investment account through Citigroup, and her TETCO Federal Credit Union account. The disposition of these accounts takes into account the parties' pre-marital balances in the accounts and also waives any increase in value of the accounts for post-separation contributions. A portion of Husband's Harleysville retirement savings plan value is not vested and will not vest until he works for Harleysville for a period of five years. In the event that the retirement savings plan vests, Husband will, within thirty (30) days of vesting, pay to Wife $3,500.00 in cash. 5 (8) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (9) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Husband is represented by Carol J. Lindsay, Esquire and Wife is represented by Robert Dailey, Esquire. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. The parties have negotiated the terms of this Marital Settlement Agreement without the benefit of formal discovery and directly one with the other. (10) 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. (11) INCOME TAX: A: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or 6 assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. B: The parties will consult with the accountants to determine whether it would be most beneficial to them to file joint Federal and Pennsylvania income tax returns for the tax year ending December 31, 2008. The parties will cooperate to file in a manner which is most beneficial to the two of them. In the event the parties determine that they will file jointly and that additional tax is owed to the Federal or state government, they will equally contribute to the tax obligation. In the event that any refund is due from the Federal income, the parties will equally divide the refund. Wife will provide to Husband within 10 days of the date of this agreement a copy of the parties' 2007 federal income tax return. (12) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (13) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the 7 wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (14) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (15) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (16) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; 8 C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; 1. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (17) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. 9 (18) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (19) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (20) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (21) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: A 10 Susan J. Baer ra = t- e? r1 rT i S1 - co _r ;? KIRBY J. BAER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 07-7130 CIVIL SUSAN J. BAER, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed April 18, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsifical Date: PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER§ 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court SAMIS, FLOWER & LINDSAY ATWRNM-AT-LAW 26 West High Street Carlisle, PA 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsifica Date: Ca o ?? r _ ?. ?r,' ._.t ? -mot ??'`' r?;; ?.r ? ,? '- ??'?T ' 9 ? t? `? <- ? l T7 r? .r C,.J .r- KIRBY J. BAER, Plaintiff V. SUSAN J. BAER, Defendant PRAECIPE TO TRANSMIT RECORD SAIDIS, FLOWER & LINDSAY ATTORNM-ATIAW 26 West High Street Carlisle, PA To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Counsel for Defendant accepted service of the Complaint on November 30, 2007. An Acceptance of Service was filed with the Court on December 4, 2007. 3. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code was executed: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-7130 CIVIL IN DIVORCE By Plaintiff: February 11, 2009 and filed with Prothonotary contemporaneously herewith. By Defendant: January 8, 2009 and filed with Prothonotary on January 14, 2009. 4. Related claims pending: The terms of the Property Settlement and Separation Agreement dated January 6, 2009 are incorporated, but not merged, into the Decree in Divorce. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was executed: By Plaintiff: February 11, 2009 and filed with Prothonotary contemporaneously herewith. By Defendant: January 8, 2009 and filed with Prothonotary on January 14, 2009. SAIDIS, FLOWER & LINDSAY Carol J.-Lin6ay-E5q ire '- Supreme Court I . 44693 26 West High Str t Carlisle, PA 17013 717-243-6222 C ..?? .-? ?L ,-., .. ? G?? ? t {?: ? _ s{~/ __ ? ?? r ???? t A .1- ( i ;? ? Kirby J. Baer V. Susan J. Baer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7130 Civil DIVORCE DECREE AND NOW, *V , it is ordered and decreed that Kirby J. Baer , plaintiff, and Susan J. Baer , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The terms of the attached Marital Settlement Agreement, dated January 6, 2009, are incorporated, but not merged, into this Decree in Divorce. By the Attest: J. ah. , 'E? Prothonotary ,. . KIRBY J. BAER, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07-7130 CNIL TERM SUSAN J. BAER, Defendant :CIVIL ACTION -LAW NOTICE OF ELECTION TO RETAKE MAIDEN NAME Notice is hereby given that Defendant in the above-captioned divorce matter hereby `.1Pr4G to ra}~ltiP Fnf~ he;-e~+} t e }_ar prPvl~1:1£, I?2~.i:~s; n ha±v_° C.~r3T: ?. ,rsCl:°CP1' ~. - e..r ,~ ~ . X prior to the entry of a Final Decree in Divorce and gives this written notice avowing her intention pursuant to 54 Pa.C.S.A. § 704. Dated: ~`~rn~-r/ ~ ' ~g ~~~~ Susan J. Baer TO BE HEREINAFTER KNOWN AS ~,Aa„ --~ ~.~, Susan J. Scherer COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND av V.U. On this ~ ~t da of lie c- err- b er Y 200 ~ ,before me, a notary public, personally appeared Susan J. Baer to be hereinafter known as Susan J. Scherer, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within document, and acknowledged that she executed the forgoing for the purpose contained therein. 1N WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Amanda L. Bemhisel, Notary Public CarNste fSoro, Cumberland County My Corrwniasion Expires April 17, 2010 Member, f+en!^s~"~~~^,a "ss'""ia!ian of Notaries ["~ -v ~` ~ o ~ ~ w.. ~ ~",-: f:W, 6 sy • V ~tA.~y: ~' 4~' 4