Loading...
HomeMy WebLinkAbout08-0419ROBERT O. BOUDER, JR., : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. b$ - ??9 Civil 2t'M MARY A. BOUDER, 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 SAIDIS, FLOWER & L,ND$AY LO FLOWER & LINDSAY 26 West High Street Carlisle, PA Carol J. Lindsay; Es Attorney Id. 44693 26 West High Stree Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff ROBERT O. BOUDER, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. D)- y/9 &w4 `7 . MARY A. BOUDER, ; Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is Robert O. Bouder, Jr., an adult individual, residing at 124 Clover Lane, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Mary A. Bouder, an adult individual, residing at Western Village Campground, 200 Greenview Drive, Carlisle, Cumberland County, Pennsylvania 17015. 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 September 23, 1982 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the SAMIS, FLOWER & LINDSAY I W 26 West High Street Carlisle, PA parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that he 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. SAIDIS, FLOWER & UMSAY Carol J. Lind y, E4ijuire Attorney Id. 469 26 West Hig eet Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff IS, FLOWER WERR & ? LINDSAY 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. --2 1.0 2 Robert O. Bouder, Jr. Date: 1-Y 7.0 ? SAMIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA r ~ i p ? r.,7 ly ROBERT O. BOUDER, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-419 CIVIL MARY A. BOUDER, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed January 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 unswom falsification to authorities. Date: 7 O t--9 ? J Robert O. Bouder, Jr. PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDERG 3301 (c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. FLOWER & LrIlms Y 26 West High Street Carlisle, PA 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 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 unswom falsification to authorities. Date: 7 d Agn6n??? Robert O. Bouder, Jr. T r_ CZ? c_7 $ r ,.. co ? ROBERT O. BOUDER, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-419 CIVIL MARY A. BOUDER, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed January 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 unswom falsification to authorities. Date: Mary A. ouder DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDERS 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. SAIDIS, FLOWER & LWIDS" 26 West High Street Carlisle, PA 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 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 falsification to authorities. Date: 9 D Mary A. ouder' rr3 cz C) tv u y ROBERT O. BOUDER, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-419 CIVIL MARY A. BOUDER, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Mary A. Bouder, accept service of the Complaint in Divorce in the above- captioned matter. Ma A Bouder Dated: February 5, 2008 SAIDIS, FW)VM & LINDSAY 26 West High Street Carlisle, PA ?r? C3 co r -•c ROBERT O. BOUDER, JR., Plaintiff V. MARY A. BOUDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-419 CIVIL IN DIVORCE PRAECIPE TO TRANSMIT RECORD 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: Defendant accepted service of the Complaint on February 5, 2008. An Acceptance of Service was filed with the Court. 3. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code was executed: By Plaintiff: August 7, 2008 and filed with Prothonotary on August 18, 2008 By Defendant: August 19, 2008 and filed with Prothonotary on August 21, 2008 4. Related claims pending: The terms of the Property Settlement and Separation Agreement dated August 7, 2008 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: August 7, 2008 and filed with Prothonotary on August 18, 2008 By Defendant: August 19, 2008 and filed with Prothonotary on August 21, 2008 SAIDIS, FLOWER & SAIDIS, FLOWER & LINDSAY AMME15-AT- AW 26 West High Street Carlisle, PA Carol J. Lindsa, quire Supreme Cou ID o. 44693 26 West High ttrigiet Carlisle, PA 17013 717-243-6222 ra t r r' M v No IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ROBERT O. BOUDER, JR. No. 08-419 VERSUS MARY A. BOUDER DECREE IN DIVORCE AND NOW, t ;!WIT IS ORDERED AND ROBERT O. BOUDER, JR. DECREED THAT AND MARY A. BOUDER ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECD DIN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; 10044 The terms of the Separation and Property Settlement Agreement dated August 7, 2008 are incorporated, but not merged, into this Decree in BY THE ATTEST: J. PROTHONOTARY -ww . ROBERT O. BOUDER, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 08-419 CIVIL TERM - M UV MARY A. BOUDER, am- Defendant c ) : IN DIVORCE cnr'- -' PETITION TO ENFORCE MARITAL SETTLEMENT AGREEME -! c.? 1. Petitioner divorced her husband respondent on September 16, 2008. 2. A marital property agreement was entered into which allowed for husband and wife to divide their interests in the marital home. 3. At some point, husband took control of controlling interest in the marital home and is now solely utilizing and responsible for the mortgage thereon. 4. Unfortunately, your petitioner is still listed on that mortgage and is unable to secure credit or otherwise finance any other mortgages in her own name. 5. Further complicating the matter, and perhaps most egregiously, respondent is chronically late and prevents petitioner from being able to build or rebuild her credit under the circumstance. 6. Further, your petitioner is the heir to an estate where it is desired she purchased the property therefrom, and until she can purchase the property therefrom final estate distribution cannot occur and it is affecting her family members. 7. Your petitioner wishes to have an order of court whereby husband is adjudicated in contempt for each late payment with penalty and further is directed to either immediately refinance the property in his own name within ninety (90) days or list the same with a professional realtor for sale, even for short sale. 8. Your petitioner would not seek counsel fees in this petition at this time should respondent agree to the entry of an order requiring the immediate listing and sale after the short period to refinance. 9. Your petitioner believes that respondent is unlikely to be able to refinance the property given the arrearages on the mortgage. 10. It is unequitable to allow the current condition to remain, whereby for the foreseeable remainder of your petitioner's natural life respondent would simply remain late on the mortgage while adding improvements to the property. WHEREFORE, your petitioner respectfully requests that this Honorable Court schedule a hearing to enforce the Marital Settlement Agreement and award petitioner attorney fees and grant any other relief this Court deems appropriate and order Respondent to execute the necessary documents to effectuate the Marital Settlement Agreement, and pay all past amounts owed. r Date: U G 1,01 Respectfully submitted, ROMINGER & ASSOCIATES Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant ROBERT O. BOUDER, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 08-419 CIVIL TERM MARY A. BOUDER, Defendant : IN DIVORCE VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: f l Mary A ouder ROBERT O. BOUDER, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 08-419 CIVIL TERM MARY A. BOUDER, Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Petitioner, do hereby certify that I this day served a copy of the Petition to Enforce Martial Settlement Agreement on the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Carol J. Lindsay, Esquire 26 West High Street Carlisle, Pennsylvania 17013 Robert O. Bouder Jr. 124 Clover Lane Carlisle, PA 17015 Dated: July 30, 2012 Respectfully submitted, ROMINGER & ASSOCIATES Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant ROBERT O. BOUDER, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNS YLVAI V. : CIVIL ACTION - LAW -?3 w - : NO. 08-419 CIVIL TERM c i MARY A. BOUDER, -? Defendant : IN DIVORCE ?- :2 _3 - ' AMENDED PETITION TO ENFORCE MARITAL SETTLEMENT AGR IE* ?_ - 1. The Honorable Judge Edgar B. Bayley signed a Domestic Relations Order June 26, 2009. 2. Plaintiff is not represented by counsel. Former counsel, Marylou Matas, E on behalf of Carol J. Lindsay, Esquire has been contacted and a courtesy copy of this will be sent to her office. 3. Petitioner divorced her husband respondent on September 16, 2008. 4. A marital property agreement was entered into which allowed for husband wife to divide their interests in the marital home. 5. At some point, husband took control of controlling interest in the marital and is now solely utilizing and responsible for the mortgage thereon. 6. Unfortunately, your petitioner is still listed on that mortgage and is unable secure credit or otherwise finance any other mortgages in her own name. 7. Further complicating the matter, and perhaps most egregiously, respondent chronically late and prevents petitioner from being able to build or rebuild her credit under circumstance. 8. Further, your petitioner is the heir to an estate where it is desired she the property therefrom, and until she can purchase the property therefrom final estate distri cannot occur and it is affecting her family members. 9. Your petitioner wishes to have an order of court whereby husband is in contempt for each late payment with penalty and further is directed to either imm refinance the property in his own name within ninety (90) days or list the same with professional realtor for sale, even for short sale. 10. Your petitioner would not seek counsel fees in this petition at this time respondent agree to the entry of an order requiring the immediate listing and sale after the period to refinance. 11. Your petitioner believes that respondent is unlikely to be able to refinance property given the arrearages on the mortgage. 12. It is unequitable to allow the current condition to remain, whereby for foreseeable remainder of your petitioner's natural life respondent would simply remain late the mortgage while adding improvements to the property. a WHEREFORE, your petitioner respectfully requests that this Honorable Court schedule) a hearing to enforce the Marital Settlement Agreement and award petitioner attorney fees and grant other relief this Court deems appropriate and order Respondent to execute the necessary documents effectuate the Marital Settlement Agreement, and pay all past amounts owed. Date: August 6, 2012 Respectfully submitted, ROMINGER & ASSOCIATES Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant ROBERT O. BOUDER, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLV. V. : CIVIL ACTION - LAW : NO. 08-419 CIVIL TERM MARY A. BOUDER, Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Petitioner, do hereby certify that I this day copy of the Amended Petition to Enforce Martial Settlement Agreement on the following by same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed follows: Marylou Matas, Esquire 26 West High Street Carlisle, Pennsylvania 17013 Robert O. Bouder Jr. 124 Clover Lane Carlisle, PA 17015 Dated: August 6, 2012 Respectfully submitted, ROMINGER & ASSOCIATES Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant a ROBERT O. BOUDER, JR., Plaintiff V. MARY A. BOUDER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 08-419 CIVIL TERM : IN DIVORCE ORDER OF COURT AND NOW, this _ day of /1Gt f L , 2001 upon consideration of Defendants Petition to Enforce Martial Settlement Agreement, a hearing is scheduled for the d day of 20?,Z, at •?? o'clock P .M., in Courtroom # , at the Cumberland County Courthouse, Carlisle, Pennsylvania. J. Distribution: C 1"Karl E. Rominger, Esquire MV ,z rn cz 155 South Hanover Street cnr?" Carlisle, Pennsylvania 17013 C? (7) Carol J. Lindsay, Esquire - Mq.,y1,DU mQ C 26 West High Street Carlisle, Pennsylvania 17013 '," taber? D, /3eueer'• Jr- ??; ?? tea •'/Pd ss???i? ROBERT O. BOUDER, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MARY A. BOUDER, Defendant NO. 08-419 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of August, 2012, upon petitioner's request for a continuance, hearing on the petiti to enforce the marital settlement agreement is continued generally to afford petitioner an opportunity to file an amen pleading containing more particulars. Upon receipt of that amended pleading, the Court will determine if a responsive pleading is necessary or if the matter should proceed to a hearing. By the Court, lbert H. Mas nd, J. Sean M. Shultz, Esquire For Plaintiff Karl E. Rominger, Esquire n ~ ~ --- ~`' For Defendant ~ ., ,~1 c c~ ~ p '~'~- n ~ --~ -f '• ~ d r- -~~~ c~