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HomeMy WebLinkAbout96-00181 I I " " " ' . ' I. : i i. , ' t ' , . l. ; , ; ;:, ; i_ I , ' !. f : 'f I i ' 'j .\ "II L ! 'I ! , ' , i 1 .' f 1 ' ! ) ;: I f; r 1, ! l I , ' . ! . 1 f ~ J . -;1 ~ - tp I - , I -.3 0- ! 6( <.1 I I I I I I / // I I 1 MARGARET E. KUU', (now Slnglcton) I'ctltloncr : IN THE (;OUnT OF COMMON I'LEAS OF : CUMHERLAND COUNTY, I'ENNSYLVANIA v. : CIVIL ACTION. LAW RICHARD L. HOUDER, RCNpondcnt NO. 96. 181 CIVIL TERM IN CUSTODY ORDER OP COURT AND NOW, this ~".. day of ~ 2001, upon consideration of the attached custody stipulation with respect to the parties' children, Christopher Hummel Bouder, born May 1, 1990, and Lauren Elizabeth Bouder, born July 8, 1995, the terms of the stipulation are entered as an order of court, J. Lindsay Dare Baird, Esquire 37 South Hanover Street Carlls'e, PA 17013 Attorney for Petitioner L~ 9-J.J-o/ Michael A, Scherer, Esquire 17 West South Street Carlisle, PA 17013 /ttlrney for Respondent 0, G (:; (- I~~ ~- .. ') _7 C:;1~ t.JrC '" '::1~J , , }rj en .J. . J.-"';':- fl.. ;df.~l tJJ '.lll- '" " :'5 , ~, '::,) (.) . ~-~~~~~~~~~~~~~~~~~_t~___~~__~~ ~ -- .~--~ ~---,--_._----~ . ~ 8 8 IN THE COURT OF COMMON PLEAS . 8 8 8 OF CUMBERLAND COUNTY 8 8 * 8 8 8 8 STATE OF PENNA. . -,,~ ,,:,'~r 8 . 8 8 8 ELLENB~UDER, 8 ' Plaintiff N ll. _,_,9,~,::,~_a.,l,,, C~,,,,i,~,,,,~,erm , I!I IjI 8 V"I',<II" 8 8 RICHARD L. BOUDER, , '" :1 8 iii,' Defendant w Ii 0:0 8 iii . I,~. 8 8 8 . . i . - . f.i . 8 8 . 8 . ~ ~ 8 8 , . Ii-_~;.-. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not vet been entered; Please incorporate, without merging, the attached Property ......... .., ....... 'to 't,. ...... I... to.... .... ...... to... to. ...... .... ...., Decree. Settlement Agreement dated March 11, 199B into the Divorce II to .......0., .... .". '0. ...... ....., to. to. .to. t.. ,.... .... ...... t... to,., ~ ,~ i' /,', I~ i: ',' I, .. -'-- --- ---- - '.'. ' .. , ~ '~---~~--------------- ;;, " MARGARBT BLLEN BOUDBR, Plaintiff vs. I IN THB COURT OF COMMOll PLEAS OF I CUMBERLAND COUNTY, PBNNSYLVANIA I I No. 96-181 CIVIL TBRM I I CIVIL ACTION - AT LAW I IN DIVORCB RICHARD L. BOUDBR, Defendant SBPARATIOR AND PROPBR'l'Y SB'I"I'I',RIIRIi'l' AGRBBMBIi'l' THIS AGREEMENT, made this ~ day of 1998, by and between MARGARBT BLLEN BOUDBR, hereinafter referred to as Wife, and RICHARD L. BOUDER, hereinafter referred to as Husband, WITNBSSBTH THATI WHBREAS, Husband and Wife were married on August 15, 1987 in Newville, Pennsylvania, and WHEREAS, the parties are both bona fide residents of the Commonwealth of Pennsylvania and have been so for at least the past six months, and WHBREAS, certain differences have arisen between the parties hereto and, as a consequence, they have ceased living as Husband and Wife since November of 1995, and WHBREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, make an equitable distribution of their marital property, and determine th~ir rights to alimony, support, and all other matters which may be considered under the Divorce Code, and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while vs. I IN THB COURT OF COMMON PLBAS or I CUMBERLAND COUNTY, PBNNSYLVANIA I I No. 96-181 CIVIL TBRM I I CIVIL ACTION - AT LAW I IN DIVORCB MARGARET BLLEN BOUDER, Plaintiff RICHARD L. BOUDBR, Defendant SBPARATIOH AIID PROPERTY SBIJIII'IT,R_H'l' AGRBBMBHT THIS AGRBEMBNT, made thia ~ day of 1998, by and between HARGARBT ELLEN BOUDER, hereinafter referred to as Wife, and RICHARD L. BOUDER, hereinafter referred to as Husband, WITNESSETH THAT. WHBREAS, Husband and Wife were married on August 15, 1987 in Newville, Pennsylvania, and WHEREAS, the parties are both bona fide residents of the Commonwealth of Pennsylvania and have been so for at least the past six months, and WHERBAS, certain differences have arisen between the parties hereto and, as a consequence, they have ceased living as Husband and Wife since November of 19951 and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, make an equitable distribution of their marital property, and determine th~ir rights to alimony, support, and all other matters which may be considered under the Divorce Code, and WHERBAS, it is the intention 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 end to .ettle all financial and property riqht. between them, and WHEREAS, the partie. hereto have mutually entered into an aqreement for the divieion of their jointly owned a..et., the provi.ion. for the liabilitie. they owe, and provi.ion. for the re.olution of their mutual difference., after both have had full and ample opportunity to con.ult with attorney. of their re.pective choice, and the partie. now wi.h to have that aqreement reduced to wri tinq, and WHEREAS, in preparinq thi. Aqreement and neqotiation. contemporaneou.ly therewith, Hu.band wa. repre.ented by Michael A. Scherer, B.quire, and Wife wa. repre.ented by Matthew J. E.helman, B.quire, each of whom have qiven a full explanation of the .ame to their re.pective client., and WHBREAS, there are two dependent children to the marriaqe, namely Chri.topher Bouder, born May 1, 1990, and Lauren Bouder, born July B, 1995, and, NOW THBREFORE, the partie., in con.ideration of the mutual promi.e. .et forth hereinafter, and for other qood and valuable con.ideration, intendinq to be leqally bound and to leqally bind their heirs, .uccessor., as.iqns, and personal representative., do hereby covenant, promise, and aqree a. follows. ARTICLB I - SBPARATION 2 . they continue to live apart from each other and to eettle all financial .nd property righte between th.m, and WHBREAS, the p.rtie. hereto h.ve mutually entered into .n agreement for the divieion of their jointly owned ....t., the provi.ione for the liabilitie. they owe, and provi.ion. for the re.olution of their mutual differencee, after both h.ve h.d full and ample opportunity to con.ult with .ttorney. of their r.epective choice, and the partie. now wieh to have that agreem.nt reduc.d to writing; .nd WHBRBAS, in preparing this Agr..ment and negotiations contempor.neou.ly ther.with, Husband was r.presented by Hichael A. Scherer, Bequire, and Wife was represented by Matthew J. Bshelman, Bequire, each of whom have given . full explanation of the .ame to their re.pective cliente, and WHBREAS, there .re two dependent children to the marriage, namely Chrietopher Bouder, born Hay 1, 1990, and L.uren Bouder, born July 8, 1995, .nd, NOW '1'HBRBFORB, the partie., in conlideration of the mutu.l promi.ee .et forth hereinafter, .nd for other good .nd v.luable coneider.tion, intending to be 1eg.11y bound and to leg.lly bind their heire, .ucce..or., a..igns, .nd person.l represent.tive., do hereby coven.nt, promiee, and agree as follows I AR'1'ICLB I - SBPARATION 2 1.1 aeoaration. It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either party of the lawfulness of the causes leading to them living separate and apart. 1.2 Bffect of Reconciliation. This Agreement shall not be deemed to have been waived or otherwise affected by a reconciliation, cohabitation, or resumption of marital relations between the parties. The parties shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed, and acknowledged in the same manner as this Agreement. AR'l'ICLB n: - DIVORCB 2.1 Divorce Action. This Agreement is not predicated on divorce. Notwithstanding the foregoing, it is, in fact, agreed and acknowledged between the parties that Wife has filed a divorce action against Husband, and that both parties agree, as a condition to this agreement, to execute the necessary divorce consents 3 1.1 Seuaratlon. It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either party of the lawfulness of the causes leading to them living separate and apart. 1.2 Bffect of Reconciliation. This Agreement shall not be deemed to have been waived or otherwise affected by a reconciliation, cohabitation, or resumption of marital relations bstween the parties. The parties shall not be deemed to have reconclled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed, and acknowledged in the same manner as this Agreement. ARTICLB II - DIWRCB 2.1 Divorce Action. This Agreement ie not predicated on divorce. Notwithstanding the foregoing, it is, in fact, agreed and acknowledged between the parties that Wife has flled a divorce action against Husband, and that both parties agree, as a condition to this agreement, to execute the necessary divorce consents 3 required by Section 330l(c) of the Divorce Code, including the Waiver of Notice of Intent to Transmit Divorce Deere., eo as to promptly finalize said action. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that thie Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agr.ement. Husband and Wife each knowingly and understandingly hereby waive any and all posBible claims that this Agreement is, for any reason, illegal, or unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 Pinal Resolution. It is further specifically understood and agreed that the provisions of this Agreement relating to the .quitable distribution of property of the parties are accepted by .ach party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, jUdgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce, and that nothing in any euch decree, jUdgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it 4 required by Section 3301(c) of the Divorce Code, including the Waiver of Notice of Intent to Transmit Divorce Decree, so as to promptly finalize said action. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Busband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all pOBeible claims that this Agreement is, for any reason, illegal, or unenforceable in whole or in part. Busband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 Pinal Resolution. It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of aeparation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby coneents and agreee that this Agreement and all its covenants shall no~ be affected in any way by any such separation and divorce, and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, lllI\end or vary any term of this Agreement, whether or not either or both of the parties should remarry, it 4 being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 Incorooration of Aar....nt into Decree. It is apecifically agreed that a copy of this Agreement shall be incorporated by reference into any divorce, judgment or decree if or whenever aought by either of the parties hereto. Such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any auch judgment or decree. AR'l'ICLB III - BOUITJlRT.R DISTRIBUTION OP MARITAL PROPBRTY 3.1 Criteria of Diatribution. The parties have attempted to divide their marital property in a manner which conforms to the criteria aet forth in Section 3502 of the Pennsylvania Domeatic Relationa Code, and taking into account the following conaiderationa. the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sourcea of income, vocational skills, employability; estate, liabilities, and needa for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital aaaets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the 5 being underetood by and between the partiee that thie Agreement ehall eurvive and ehall not be merged into any decree, judgment or order of divorce or eeparation. 2.3 Incoraoration of Aare."nt into Decree. It ie epecifically agreed that a copy of this Agreement shall be incorporated by reference into any divorce, judgment or decree if or whenever eought by either of the partiee hereto. Such incorporation, however, ehall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any euch judgment or decree. ARTICLB III - BOUIT&RT,R DISTRIBU'l'IOH OP MARITAL PROPBRTY 3.1 Criteria of Dietribution. The parties have attempted to divide their marital property in a manner which conforms to the criteria eet forth in Section 3502 of the Pennsylvania Domeetic Relatione Code, and taking into account the following consideratione. the length of the marriage, the prior marriages of the partiee, the age, health, station, amount and eourcee of income, vocational skille, employability, estate, liabilities, and neede for each of the parties, the contribution of one party to the education, training or increasod earning power to the other party, the opportunity of each party for future acquisition of capital aeeets and income, the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits, the contribution or dissipation of each party in the 5 acquidtion, pre.ervation, depreciation, or appreciation of marital property, including the contribution of a party a. a homemaker, the value of the property .et apart to each party, the .tandard of living of the partie. e.tabli.hed during their marriage, the economic circum.tances of each party, including federal, state and local tax rlUllification., at the time of the division of the property i. to become effective, and whether the partie. will be .erving a. the cu.todian of any dependent minor children. 3.2 Sati.faction of Rivht. of Bauitable Di.tribution. The division of existing marital property is not intended by the partie. to con.titute in any way a sale or exchange of a..ets. The divi.ion of property under this Agreement .hall be in full .ati.faction of all rights of equitable distribution of partie.. 3.3 Relinaui.h--nt of Claf.-. Husband agrees to relinqui.h all claim. to any a..et. that may be acquired by Wife prior to the finalized divorce decree, and Wife agree. to relinquish all claim. to any a..et. that may be acquired by Hu.band prior to the finalized divorce decree, except as may be otherwise set forth herein. 3.. Proceed. of Marital Re.idence. The parties acknowledge that the marital residence has been sold and that the net proceeds therefrom have been placed into an interest-bearing escrow account requiring the signatures of both Wife and Husband's former counsel, WillilUll C. Vohs, Esquire. Husband agrees to secure the signature of Attorney Vohs. The parties agree to share responsibility for 6 acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker! the value of the property set apart to each party! the standard of living of the parties establilh"d during their marriage! the economic circumstances of each party, including federal, state and local tax rlUllifications, at the time of the dividon of the property is to become effective! and whether the parties will be serving as the custodian of any dependent minor children. 3.2 Satisfaction of Ri9hts of Eauitable Distribution. The dividon of exiating marital property ia not intended by the parties to constitute in any way a sale or exchange of assets. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of parties. 3.3 Relinauish--nt of Cl.i... Husband agrees to relinquish all claims to any assets that may be acquired by Wife prior to the finalized divorce decree, and Wife agrees to relinquish all claims to any assets that may be acquired by Husband prior to the finalized divorce decree, except as may be otherwise set forth herein. 3.. Proceeds of MArital Residence. The parties acknowledge that the marital residence has been sold and that the net proceeds thsrefrom have been placed into an interest-bearing escrow account requiring the signatures of both Wife and Husband's former counsel, WillilUll C. Vohs, Esquire. Husband agrees to secure the signature of Attorney Vohs. The parties agree to share responsibility for 6 any income tax rlllllificationa from the intereat-bearing account. For capital gaina tax purpoaea, the partiea agree to divide equally the net proceeda from the sale of the marital residence. It is believed that the settlement agent has already issued proportionate 1099' a for each of the parties, however, in the event the aettlement agent has not done so, the partiea agree to execute such document a aa may be neceaaary to effect an equal diviaion of the tax ramificationa concerning the proceeds of sale. 3.5 Personalty. The partie a have agreed between themselves to a diviaion of all household furnishings and personal property which would be considered "marital property" under the Pennsylvania Divorce Code, including any pensions or retirement savings accounts or plans. Except as otherwise provided herein, the parties acknowledge and agree that the assets in the posseseion of the other spouse shall be that spouse's sole and aeparate property, each party hereto specifically releasing any claim he or she may have with respect to such items. The parties further agree that, as to all assets not specifically mentioned herein which are presently titled in the sole nllllle of one of the parties hereto or, if untitled, are presently in the sole possession of one of the parties hereto, the party not having title thereto or possession thereof hereby releases any claima therein and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 7 any income tax rlUllificationa from the intereat-bearing account. Por capital gaina tax purpoaea, the partiea agree to divide equally the net proceed a from the aale of the marital reBidence. It ia believed that the 8ettlement agent has already i88ued proportionate 1099'a for each of the partiea, however, in the event the aettlement agent haa not done ao, the partiea agree to execute auch document a aa may be neceaaary to effect an equal divi8ion of the tax ramification8 concerning the proceeda of aale. 3.5 Peraonaltv. The partie8 have agreed between them8elvea to a diviaion of all houaehold furniBhing8 and perBonal property which would be con8idered "marital property" under the PennBylvania Divorce Code, including any pen8ionB or retirement 8aving8 account a or plana. Bxcept a8 otherwise provided herein, the partie8 acknowledge and agree that the aBBeta in the p08Beaaion of the other apouae ahall be t.hat 8pou8e'B 80le and 8eparate property, each party hereto apecifically releaaing any claim he or 8he may have with reapect to auch itemB. The partie a further agree that, aa to all aBBet8 not apecifically mentioned herein which are preaently titled in the Bole nlUlle of one of the partie8 hereto or, if untitled, are pre8ently in the 80le p088e8Bion of one of the partie8 hereto, the party not having title thereto or p088ea8ion thereof hereby relea8e8 any claim8 therein and acknowledge8 that the party having title or p08Be88ion of Buch itemB 8hall be the aole and exclu8ive owner thereof. 7 3.fi Bauitable Dbtribution 'I'ran.rer. Husband .hall pay Wife the total amount of $11,500.00 from the proceed. of the marital residence, repre.enting her equity in the marital estate. Thi. amount is to be paid regardlass of whether either or both of the parties die or remarry. Husband shall pay this llI\Iount within thirty (30) days of the date of thb Agreement. The remaining balance of the proceeds of the marital residence .hall become the sole property of Husband, to be used, in part, for the payment of marital debt as set forth below. Wife agrees to execute upon demand any documentB neceBBary to effect thiB tranBfer. ARTICLB IV - DBBTS OP 'I'D PAR'I'IBS ..1 Debt.. During the courBe of the marriage, HUBband and Wife have incurred certain bills and obligationB and have amassed a variety of debts. It is hereby agreed, without the necessity of ascertaining for what purpoBe and to whoBe use each of the billB were incurred, that, except as otherwise provided herein, both parties are equally responsible for all Buch billB, obligationB, and debt.. HUBband and Wife each agree to hold the other free and harmleBB from any and all liability which may ariBe from any outstanding billB, obligationB, and debtB incurred after the date of separation, and further agree to indemnify and defend the other from any claim regarding Bame. Both partieB agree that, in the future, neither Bhall cause or permit to be charged to or againBt the other any purchaBe which either of them may hereafter make and 8 3.6 Bauitable Dietribution Transfer. Husband shall pay Wife the total amount of $11,500.00 from the proceeds of the marital residence, representing her equity in the marital estate. This amount is to be paid regardless of whether either or both of the parties die or remarry. Husband shall pay this amount within thirty (30) days of the date of this Agreement. The remaining balance of the proceeds of the marital residence shall become the sole property of Husband, to be used, in part, for the payment of marital debt as set forth below. Wife agrees to execute upon demand any documents necessary to effect this transfer. ARTICLB IV - DBBTS OF TBB PARTIBS C.l Debte. During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts. It is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that, except as otherwise provided herein, both parties are equally responsible for all such bills, obligations, and debts. Husband and Wife each agree to hold the other free and harmless from any and all liability which may arise from any outstanding bills, obligations, and debts incurred after the date of separation, and further agree to indemnify and defend the other from any claim regarding same. Both parties agree that, in the future, neither shall cause or permit to be charged to or against the other any purchase which either of them may hereafter make and 8 .hall not hereafter create any engagement., debt., or obligation. in the name of or again.t .ach oth.r. 4.2 SDeOific out.tandinG Debt. of au.band. Hu.band agree. to acc.pt .01. re.pon.ibility for, and to hold Wife free and harmle.. from any liability which may ari.e from the following outstanding bill., obligation., and debt. and further agree. to indemnify and defend Wife from any claim r.garding .amel Memb.r'. l.t Loan No. 10962 compri.ed of M.mb.r's 1st Loan No. 104072 M.mb.r'. 1st Visa 4287-xxxx-xxxx-9810 Memb.r's l.t Loan No. 49981 visa Gold 4287-xxxx-xxxx-9810 Amway vi.a 4719-xxxx-xxxx-5419 Montgom.ry Ward 236-6xx-x80 S.ar. 05-589xx-xxx52-0 J.e. Penney 070-5xx-xx3-9 Stott . Group 03/23/96 Bu.band further agree. to pay any of these debt. which may be out. tanding, and .till in joint names, in full from the proceed. of the .ale of the marital reBidence within thirty days of the date of thi. AgreelllBnt, and Wife agrees to ex.cute any docum.ntation n.c....ry for Husb.nd to do so. 4.3 SDeOific out.tandinG Debt. of Wife. Wife agrees to accept sole responsibility for, and to hold Husband free and harml.ss from, any liability which may ariee from the following out.t.nding bills, obligations, and debts, and further agrees to indemnify from any claim 2402667 03/07/97 05/05/97 03/29/96 01/19/97 regarding samel and defend Husband earliele HOBpital Roy D. GottBhall Bilger'e Garage Jackson'e Auto Service Graham Motor Company 9 .. , ahall not hereafter create any engagement., debt., or obligation. in the name of or again.t each other. 4.2 Sueoific OUt.tanding Debta of Bu.band. Hu.band agree. to accept .ole re.pon.ibility for, and to hold Wife free and harmle.. from any liability which may arise from the following out.tanding billa, obligations, and debts and further agrees to indemnify and defend Wife from any claim regarding samel Member'. 1st Loan No. 10962 comprised of Member'. 1.t Loan No. 104072 Member'. 1st Vi.a 4287-xxxx-xxxx-9810 Member's 1.t Loan No. 49981 Visa Gold 4287-xxxx-xxxx-9810 Amway Visa 4719-xxxx-xxxx-5419 Montgomery Ward 236-6xx-x80 Sears 05-589xx-xxx52-0 J.e. Penney 070-5xx-xx3-9 Stott , Group 03/23/96 Hu.band further agrees to pay any of these debts which may be out.tanding, and .till in joint names, in full from the proceed. of the .ale of the marital residence within thirty days of the date of this Agreelll8nt, and Wife agrees to execute any docUlll8ntation nece..ary for Hu.band to do so. 4.3 8ueoific OUtstanding Debts of Wife. Wife agrees to accept sole reeponsibility for, and to hold Husband free and harmless from, any liability which may arise from the following out. tanding bills, obligations, and debts, and further agree. to indemnify and defend Husband from Carlisle Hospital Roy D. Gottshall Bilger'S Garage Jackson's Auto Service Graham Motor Company any claim regarding 2402667 03/07/97 05/05/97 03/29/96 01/19/97 same I 9 I II , AR'l'ICLII V - ALIIIONY AIID RB'l'IRBJOnI'l' ACCOUll'1'S 5.1 Ali....ny. Pursuant to this Agreement of the parties, neither party shall pay alimony or support to the other. Bach party hereby waives any and all claims they may have against the other for alimony or to the retirement benefits of the other party. AR'l'ICLB VI - IIISCBJ.T.JUfBOUS PROVISIOHS 6.1 Attorney. Pee. UDOn Breach. Bach of the partie. agrees that should either of them be in breach of contract and fail to comply with the terms of the Agreement herein the breaching party shall be responsible for all court costs a~d attorney fees reasonably necessary to enforce the Agreement. 6.2 Advice of Counsel. The parties acknowledge that they have been given full and fair opportunity to consult legal counsel regarding the legal effect of this agreement. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and vOluntarily, after having received .uch advice and with such knowledge that execution of this 'Agreement is not the result of any duress or undue influence and that is not the result of any collusion or improper or illegal agreement or agreements. For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. Hershey Foods Corp. v. General Electric Service Co., 619 A.2d 285 (pa. Super. 1992). 10 . tt . AR'l'ICLB V - ALIMOIIY AHD RB'l'IRIUIIlIl'1' ACCOUll'l'S 5.1 Al.....ov. Pursuant to this Aqreement of the parti.s, n.ither party shall pay alimony or support to the other. Bach party hereby waives any and all claims they may have aqainst the other for alimony or to the retirement benefits of the other party. ARorICLB VI - MISCBT.URBOUS PROVISIOIIS 6.1 Attornev. Pee. upon Breach. Bach of the parties aqrees that should either of them be in breach of contract and fail to comply with the terms of the Aqreement herein the breachinq party shall be responsible for all court costs and attorney fees reasonably necessary to enforce the Aqreement. 6.2 Advice of Counsel. The parties acknowledqe that they have been qiven full and fair opportunity to consult leqal counsel regardinq the legal effect of this aqreement. They acknowledqe and accept that this Aqreement is, in the circumstances, fair and equitable, that it is beinq entered into freely and voluntarily, after havinq received such advice and with such knowledge that execution of this 'Aqreement is not the result of any duress or undue influence and that is not the result of any collusion or improper or illeqal aqreement or aqreements. For purposes of contract interpretation and for the purpose of resolvinq any ambiquity herein, Husband and Wife aqree that this Aqreement was prepared jointly by their respective attorneys. Hershey Foods Corp. v. General Electric Service Co., 619 A.2d 285 (pa. Super. 1992). 10 . II . 6.3 Coun..l P.... Hu.band and Wife agr.. to b. r..pon.ibl. for th.ir r..p.ctiv. .ttorn.y f... incurr.d to d.t. with r..peet to thie action. 6.. Mutu.l R.l..... Uueb.nd .nd Wife .ach do h.reby mutually remia., releaae, quitclaim and forever diacharge the other .nd the eatate of aueh oth.r, for .11 time. to com. .nd for all purpoa.. wh.taoever, of and from any and all right, title, intereat, or cl.im. in or ag.inat the property (inCluding income .nd gain from property her..ft.r .ccruing) of the other, or .g.inat the e.tat. of auch other, of whatever nature and whereaoever aituate, which he or ah. now haa or at any time hereafter may have again at auch other, the .atat. of aueh oth.r, or any part thereof, wh.ther ari.ing out of .ny former act., contracta, engagementa, or liabilitiea of aueh oth.r .a by w.y of dower, curteay, or claima in the nature of dow.r, curt.ay, widow'a or widower'a righta, family .xemption, or aimilar allowance, or under the inteatate lawa, or the right to take againat the apouae'a will, or the right to tr.at a lifetime conv.yance by the other aa te.tamentary, or any other right a of a aurviving apouse to participate in a deceaaed apouse'a eatate, whether ari.ing under the law. of (a) Pennaylvania, (b) any .tate, cODlDlonwealth, or territory of the united Statea, or (c) any country. The parties further release any claim to all righta which either party may have or at any time hereafter have for paat, pr.aent, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenaes, whether ariaing as 11 6.3 Coun..l P.... Hu.band .nd Wife agr.. to be re.pon.ibl. for their r..p~ctiv. .ttorney fee. incurred to d.t. with re.pect to this .ction. 6.4 Mutu.l ReI..... Hu.b.nd .nd Wife e.ch do hereby mutu.lly remi.e, rele..e, quitcl.im .nd forever diech.rge the other and the ..tat. of .uch oth.r, for .11 time. to come and for all purpo.e. wh.t.oever, of .nd from .ny .nd .11 right, title, intere.t, or cl.im. in or .g.inet the property (including income .nd g.in from prop.rty hereafter accruing) of the other, or againet the eetate of .uch other, of whatever nature and where eo ever eituate, which he or .he now hae or at any time hereafter may have againet euch other, the e.tate of euch other, or any part thereof, whether arieing out of any former act., contracte, engagement., or liabilities of suoh other a. by way of dower, curteey, or olaims in the nature of dower, ourte.y, widow'. or widower'. right., family exemption, or .imilar allowance, or under the intestate law., or the right to take againet the spou.e'e will, or the right to treat . lifetime oonveyanoe by the other as teetamentary, or .ny other right. of a surviving spouse to participate in a deceaeed spouse's estate, whether arieing under the laws of (a) Pennsylvania, (b) any state, oODlDlonwealth, or territory of the United states, or (c) any oountry. The parties further release any claim to all rights which either party may have or at any time hereafter have for past, pr..ent, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as 11 . ., , a result of the IIlArital relation or otherwiee, except and only except, all right. and agre.ments and obligations of whatsoever nature arising or which may arise under this Agroement or for the breach of any thereof. It is the intention of Husband and Wife to give each other by execution of this Agreement a full, complete and general release with respect to any and all property of any kind of nature, real or personal, not mixed, which the other now own. or IIlAY hereafter acquire, except and only except, aU rights and agreements and obligations of whatsoever nature arising or which IIlAY arise under this Agreement or for the breach of any thereof. Both parties acknowledge that they have been advised that each IIlAY have the right to assert a claim for spousal support, alimony, alimony pendente lite, attorneys fees, costs and/or expenses. Except as otherwise provided herein, each party hereby waives any right to such economic claims ancillary to the divorce and accept. the provieions of this Agreement relating to these claims as a final settlement for all purposes, as contemplated by the Pennsylvania Divorce Code. 6.5 Warranti... Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except as IIlAY be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, inclUding those for necessities, 12 . .. , a re.ult of the marital r.lation or otherwi.., .xcept and only except, all right. and agre.ment. and obligation. of what.oever nature ari.ing or which may ari.. und.r this Agreement or for the breach of any thereof. It i. the intention of Hu.band and Wife to give each other by execution of this Agreement a full, complete and general rel.a.e with re.pect to any and all property of any kind of nature, real or per.onal, not mix.d, which the other now own. or may her.aft.r acquire, .xcept and only exc.pt, all right. and agr..m.nt. and obligation. of whatsoever nature ari.ing or which may ari.e under this Agreement or for the breach of any thereof. Both parties acknowledge that they have been advised that each may have the right to a..ert a claim for .pou.al .upport, alimony, alimony pendente lite, attorneys fees, co.t. and/or expen.... Bxcept as otherwise provided herein, each party hereby waive. any right to .uch .conomic claim. ancillary to the divorce and accept. the provi.ion. of this Agreement relating to the.e claim. a. a final ..ttlement for all purpo.es, as contemplated by the penn.ylvania Divorce Code. 6.5 Warrantie.. Bach party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be re.pon.ible or liable, except a. may be provided for in this Agreement. Bach party agrees to indemnify or hold the other party harml... from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, 12 I II . except for the obligation. ari.ing out of this Agreement. Buaband and Wife each warrant, covenanta, repreaent and agree that each will, now at all times hereafter, aave harmle.. and keep the other indemnified from all debt., charge., and liabilities incurred by the other after the execution date of this Agreement, except aa i. otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the eatate of the other may be liable. 6.6 Modification. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties, and no waiver of any enforcement claims for breach or default shall be deemed a waiver of any subsequent default of the aame or similar nature. 6.7 Oocn-nt Bxeaution. The partiea agree that they will promptly execute any and all written inatruments, assignmenta, relea.e., aatisfactiona, deeds, notes, or such other writing a as may be naceasary or deairable for the proper implementation of thia Agreement, and aa their reapective counael ahall mutually agree should be 80 executed in order to carry out fully and effectively the terms of this Agreement. 6.8 Governina Law. Thill Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the execution date of this Agreement. 13 . ., I except for the obligation. ari.ing out of thi. Agreement. Hu.band and Wife each warrant, covenant., repre..nt and agree that eaoh will, now at all time. hereafter, .ave harmle.s and keep the other indemnified from all debt., oharge., and liabilitie. inourred by the other after the exeoution date of thi. Agreement, except a. i. otherwi.e speoifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whateoever for which the e.tate of the other may be liable. 6.6 Mndification. No waiver or modification of any of the term. of thia Agreement shall be valid unless in writing and signed by both parti.a, and no waiver of any enforcement claims for breach or default ahall b. deemed a waiver of any .ubsequent default of the aa~ or aimilar nature. 6.7 Doa"-nt Bxecution. The partiea agree that they will promptly execute any and all written instrument., aaaignment., releaaea, aatiafactiona, deeds, notea, or auch other writinga a. may be neceaaary or de.irable for the proper implementation of thi. Agreement, and aa their reapective coun.el ahall mutually agree .hould be ao executed in order to carry out fully and effectively the term. of this Agreement. 6.8 GoverninG Law. This Agreement shall be conatrued in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the execution date of this Agreement. 13 . .. , 6.9 Bindina. Thb Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6.10 Bntire Aare--nt. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.11 severabilitv. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwbe, then only that term, condition, clause, or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections shall in no way void or alter the remaining obligations of the parties. The parties expressly represent that the headings of each paragraph are solely far purposes of convenience and are not to be construed as controlling. 6.12 Bauitable Division. It is specifically understood and agreed that thie Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Hueband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 14 . ..... . fi.' Bindina. Thb Agreement .hall be binding and .hall inure to the benefit of the partie. hereto and their re.pective heir., executor., administrator., .ucce..or., and a..ign.. fi.10 Intire Aare-nt. Thb Agreement con.t.ltute. the entire under.tanding of the parties and .upereede. any and all prior agreemant. and negotiation. between them. There are no repre.entation. or warrantie. other than tho.e expre..ly set forth herein. fi.11 Severability. If any term, condition, clau.e, section, or provi.ion of thi. Agreement shall be determined or declared to be void or invalid in law or otherwbe, then only that term, condition, clau.e, or provision .hall be stricken from thi. Agreement, and in all other re.pect., thi. Agreement .hall be valid and continue in full force, effect and operation. Likewi.e, the failure of any party to mftet hi. or her obligation under anyone or mare of the article. and .ection. .hall in no way void or alter the remaining obligation. of the partie.. The partie. expre.aly repre.ent that the heading. of each paragraph are .olely for purpo.e. of convenience and are not to be con.trued a. controlling. fi.12 Bauitab1e Divi.ion. It is .pecifically under.toad and agreed that thi. Agreement constitutes an equitable dbtribution of property, both real and personal, which wa. legally and beneficially acquired by Busband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 14 . .... . 6.13 Dieoloeure. The partiee warrant and repreeent that they have made a full diecloeure of all aeeete prior to the execution of thie Agreement and that thie agreement wae entered into in reliance upon that diecloeure. 6.1. Bnforceability and Coneideration. Thie Agreement ehall eurvive any action for divorce and decree of divorce and Bhall forever be binding and conclueive on the partieB, and any independent action may be brought, either at law or in equity, to enforce the terme of the Agreement by either Buaband or Wife until it ehall have been fully Batiefied and performed. The conaideration for thiB contract and agreement iB the mutual benefite to be obtained by both of the partieB hereto and the covenante and agreementB of each of the partieB to the other. The adequacy of the aoneideration for all agreementB herein contained and otipulated, confeBBed and admitted by the partiee, and the partiee intend to be legally bound hereby. In the event either party breached the aforeeaid Agreement and it ie determined through appropriate legal action that the alleged party hae eo breached the Agreement, the breaching party ahall be reBponBible for any and all attorneY'B feeB aB well ae COBtB and expenaeB aBaociated with litigation incurred by the non-breaching party to enforce thie Agreement againBt the breaching party. 15 . ...... . 6.13 Disclosure. The parties warrant and represent that they have made a full disclosure of all assets prior to the execution of this Agreement and that this agreement was entered into in reliance upon that disclosure. 6.14 Bnforceability and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties, and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits 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 and stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breached the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees ae well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. 15 ELLEN BOUDER, Plaintiff vs. I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I No. 96-181 CIVIL TERM I I CIVIL ACTION - LAW I IN DIVORCE RICHARD L. BOUDER, Defendant PRABCIPB TO TRANSMIT RBCORD Plaintiff's SS, 123-45-6789 To the Prothonotary I Defendant's SS, 987-65-4321 Transmit the record, together with the following information, to the Court for entry of a divorce decreel 1. Ground for Divorcel Irretrievable breakdown under 5 3301(cl .. -~ft.. . J.) of the Divorce Code. (Strike out inapplicllble section) 2. Date and Manner of service of the Complaint I Service made by personal Acceptance of Service by Attorney William Vohs, signed for on January 27, 1996. See Attached Acceptance of Service. 3. (Complete either pllrllgrllph (II) or (b).) (a) Date of execution of the affidavit of consent required by 5 3301(c) of the Divorce Codel by the Plaintiff March 6. 1998, by the Defendant March 10. 1998 . (b) Date of execution of the affidavit required by . 3301(d) of the Divorce Codel I Date of filing of the Plaintiff's affidavit upon the respondent I , Date of service of the Plaintiff's affidavit upon the respondent I . 4. Related claims pending I ~ea~ ~o.:t~ ~~~~ merGing. the attached PrOD8rtv Settlem nt r h. into the Divorce necree. 5. (Complete either pllrllgrllph (II) 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, I (b) Date Plaintiff's Waiver of Notice in 5 3301(cl Divorce was filed with the prothonotary I filed aimultaneoudy w/PraeciDe I Date Defendant's Waiver of Notice in 5 3301(c) Divorce was filed with the pr~thonota. rrl _filed simultaneously wI PraeciDe . lttt Y\<\ '1:,<.11 ;,'---_ Matthew J..IEshelman, ESlJuire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 10' 72655 Tel. (717) 763-1800 .') II.? lJ,} , I Datel i 1 i I I >- 0' '>- 13; ':: ..:.. .~' ~ ,- ~ '~J .. U.J~) ~_:~~~ (..).... .., r,<= f..\ ii: ~0 r ");:;1 . ~T 40 :':;~~ N .,....:.'" C., ;;jliJ -.1'1 '. u: ~L ~~ i-'JC,. t-' '" -....: .- ~ II. 0::) l:,) (J, U ELLEN BOUDER, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. ft, I~I I"h! ~/" : : CIVIL ACTION - LAW : IN DIVORCE RICHARD L. BOUDER, Defendant NOTICE TO DBPEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse in Carlisle, Pennsylvania 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 TAltB THIS PAPER TO YOUR LAWYBR AT ONCB. IP YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONB, GO TO OR TBLIlPHONB THB OFFICE SBT FORTH BBLOW TO FIND OUT WHBRE YOU CAN GBT LBGAL HBLP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSB 1 COURTHOUSE sgUARB CARLISLB, PA 17013 (717) 697-0531 ELLEN BOUDER, I IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . I vs. No. . . RICHARD L. BOUDER, CIVIL ACTION - LAW Defendant . IN DIVORCE . COMPLAINT IN DIVORCB UNDBR SBCTIONS 3301(a), 3301(c) or 3301(d) OF THB DIVORCB CODB COUNT 1 - DIVORCB The Plaintiff, Ellen Bouder, by and through her attorneys, The Law Offices of Patrick F. Lauer, Jr., makes the following Complaint in Divorcel 1. The Plaintiff, Ellen Bouder, is an adult individual who currently resides at 2155 Newville Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Richard L. Bouder, is an adult individual who currently resides at 406 Pine Dale Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Parties have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on August 15, 1987 Newville, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been adviBed that counseling iB available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. B. This action is not collusive. WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce in this matter. COUNT II - INDIGNITIBS 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. Plaintiff is the innocent and injured spouse. 11. Plaintiff would aver that Defendant, in violation of his marriage vows and in violation of the laws of the Commonwealth of Pennsylvania, has offered such indignities unto Plaintiff as to make Plaintiff's condition intolerable and Plaintiff's life burdensome. 12. This action is not collusive. WHEREFORE, the Plaintiff requests your Honorable Court to enter a decree in divorce, divorcing Plaintiff and Defendant. COUNT III - BOUITABLB DISTRIBUTION 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital miBconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, the Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to 53502(a) of the Divorce Code. COUNT IV - CUSTODY 15. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 16. The parties are the plirents of the following unemancipated children who resides with the Plaintiff, Ellen Bouderl rwm AGE DATE OF BIRTH Christopher Bouder Lauren Bouder 5 years 5 months 5-01-90 7-08-95 17. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 18. There are no other proceedings pending involving custody of the children in this or any other state. 19. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 20. The best interest of the children will be served if custody is confirmed in Plaintiff. WHEREFORE, the Plaintiff requests this Honorable Court to enter an order confirming custody of the children to the Plaintiff. ELLEN BOUDER, Plaintiff I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I vs. : No. RICHARD L. BOUDER, Defendant I CIVIL ACTION - LAW 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.C.S. 5 4904, relating to unsworn falsification to authorities. Datel / /t6/rt. Signature I fltLn &UdlA} ELLEN BOUDER :r'-''-- . \ '1 ~ " "':\ ~! ~ ~. ~ ~\ '" . I . ~. ~ ~'\ I. .- r< .. ' ., " ~ 11" ); " "; \.. . 1.:-' ,,' '\ <-;,..;, \Y:I /. ' ,\\ , " ", (\', NJ \ , ,..- ~ . , \<0 'C-. " ('I) , ' , ':.) r^> I V)~~ L. 0 , "::-1 ~ \: 1 ~ ~ - .. ",\. ~ '.f) \. . , I ....... '),~ \ . ~ I,' ,) V) ~ = ... llh ~~ E..~ <... .;;.ij - ~ ,.J1II J-":- '3 ~ . r.: i' m -: :d ~C..ll~~ s.! ~ ~!E ~ , . .. ELLEN BOUDER, I IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . I vs. I No. 96-181 CIVIL TERM . . RICHARD L. BOUDER, . CIVIL ACTION - LAW . Defendant I IN DIVORCE ACCBPTANCB OF SBRVICB I, William Vohs, Esquire, hereby state that I accepted service of the Complaint in Divorce on behalf of my client, Richard L. Bouder which was mailed to me by Certified Mail NOI P 316 467 792, postage prepaid, pursuant to the requirements of Pa. R.C.P. 1920.42(c)(2) on or about January 18, 1996. Wi/fJ!J~b.Ui;; Datel~ ir: 01 ~ r"l, - ;... .- .. :") ilL. N '.:"'" O. -. :;. ~ ("' .; ~:~' 1... -'. ~' u. ! -j ( C. ~ \.':) ", iJ.,.;t. (',j . ,-_J r. U:-,' ..... 'j [', ~..' , ... ..~ 1/, C., --'J '.l 01 C; ilo r.:J . 'l~ "-1 r:: I.. ud-:? .. .... fIr: f;'J {~1:.[ ..... ;,: ,J'rJ. ,.1' . 0.. ~ ,~ y(~, f -:J:7J qn ..!') >'t.; ~'.. N (i};; 11::\:1 c.. (" :'.S rdt'o .- :,')0:; b - C~ ::i en U ~_, -"1 t.~','--' f"'W""'1 r-r In" . I!, l.u ",' , .,. . 't" ,_ '1 .:, t:.' lL'. ' . . '" . . rn~'?0~-1r.~ .., " ".' ", Iii M.\n " '* I I \ \....\',. . C"" I ,. L.J .~. ;.;,.IJ U ..I ........... ......... ..............- "- r.:l ~ I:r; N r:!: .,. IlJR N :....i.;r fih I..) ~..; ..... 1._1 ~,':: ll..i"l u.. .-.;~~ 9" " . <f.) I '~f) Cole, ~'- N ' '- ,.r'C.. rei', I.J' ~ , 'il,] r" ..., t!ll.1. ~.: .... C'J :j 0 en U MARGARET ELLEN SOUDER, Plaintiff vs. I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY PENNSYLVANIA I I No. 96-818 I I CIVIL ACTION - LAW I IN DIVORCE RICHARD L. BOUDER, Defendant DBPBHDAJrr'S WAIVER OP HOTICB OF IH'1'BIi'l'IOH TO RBQUEST BHTRY OP A DIVORCB DBCRBB UIIDBR SBC'l'IOH 330ltcl OF THB DIVORCB CODB 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. 4. I verify that the statements mad6 in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 5 4904 relating to unsworn falsification to authorities. DATEI ~/'D 1'18 signaturel~L;f, B^,'.I'1A~ Richard L. Bouder ~ C) C Ir, C\.! " ~!: N .-::; ulD :.:.).~: F:;~' I.j;..;: -, ' 0.: ''-''I. <I,~:..! ~5 I.. \D .i~:! J.J tJ. N -'I' c., ;;HD fC~~' 2 ~JJu.. 1-- II. <r. :~j 0 ~ C,) MARGARET ELLEN BOUDER, I IN THE COURT OF COMMON PLEAS Plaintiff I CUMBERLAND COUNTY PENNSYLVANIA I VB. I No. 96-818 I RICHARD L. BOUDER, I CIVIL ACTION - LAW Defendant I IN DIVORCE DBFENDANT'S AFFIDAVIT OP CONSBNT UNDBR SBCTION 33011cl OF THB DIVORCB CODB 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 16, 1996. 2. The marriage of the Plaintiff and the Defendant 18 irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statement. herein are made subject to the penalties of 18 Pa. c.s. 5 4904 relating to unsworn falsification to authorities. DATE I ') J I 0 I '18 Signature I k>~..u, ~...b... Richard L. Brown ~ C) i:; "I ., '"" N ::..~~~ ~,o ~[:~ -~ 0:: "'c. , ~J ~ip . ;.., <..0 :;~~{? ::)fl. '" I'" c.; :;HD ill" ..::.. i'J.la.. rl: ... ", ... ~,j 1\. m 0 O'l "J . ". , .. MARGARlT BLLBN BOUDBR, Plaintiff I IN THB COURT OP COMMON PLBAS OP I CUMBBRLAND COUNTY, PBNNSYLVANIA I I No. 96-181 CIVIL TIRM I I CIVIL ACTION - AT LAW I IN DIVORCB VI. RICHARD L. BOUDBR, Defendant SIPARATIOH AND PROPIR'l'Y SB.........-- AGRBBllBII'l' TBIS AGREBMBNT, made thb ~ day of 1998, by and between MARGARBT BLLBN BOUDBR, hereinafter referred to al Wife, and RICHARD L. BOUDBR, hereinafter referred to a. BUlband, WITNBSSBTB THATI WBBRBAS, HUlband and Wife were married on Augult 15, 1987 in Newville, Pennlylvania, and WBBRBAS, the partiel are both bona fide reeident. of the Commonwealth of Pennlylvania and have been 10 for at le.lt the palt eix month., and WBBRBAS, certain difference I have arilen b.tween the partie I hereto and, al a conlequence, they have cealed living a. Hu.band and Wife .ince November of 1995, and WBBRBAS, HUlband and Wife deeire to .ettle and determine certain of their marital right. and obligation., make an equitable di.tribution of their marital property, and determine their right. J: to alimony, .upport, and all other matter. which may be con.idered under the Divorce Code, and WHBREAS, it i. the intention and purpose of thi. Agreement to .et forth the re.pective right. and dutie. of the partie. while \, _I , they continue to live apart from each other and to .etUe all financial and property right. betwssn them, and WBIRBAS, the partie. hereto have mutually entered into an agreement for the divhion of their jointly owned a..et., the provi.ion. for the liabilitie. they owe, and provi.iona for the re.olution of their mutual difference., after both have had full and ample opportunity to con.ult with attorney. of their re.pective choice, and the partie. now wi.h to have that agreement reducsd to writing, and WBBRBAS, in preparing this Agreement and negotiation. contemporaneously therewith, Bu.band was repreaented by Michael A. Scherer, I.quire, and Wife wa. repreaented by Matthew J. Bahelman, I.quire, each of whom have given a full explanation of the .&DIe to their reapective client., and WBBRBAS, there are two dependent children to the marriage, namely Chri.topher Souder, born May 1, 1990, and Lauren Souder, born July 8, 1995, and, HOW TBBRBPORB, the parti,., in con.ideration of the mutual promi.e. .et forth hereinafter, and for other good and valuable con.ideration, intending to be legally bound and to legally bind their heir., .ucce..ora, as.igns, and per.onal representatives, do hereby covenant, promiae, and agree as follows. ARTICLE I - SBPARATION 2 " . .f 1.1 S~na.a~ioD. It .hall be lawful for Bu.band and Wife at all ~!.e. hereafter to live .eparate and apart from each other and to re.ide from time to time at .uch place or place. a. they .hall re.pectively deem fit, free from any control, re.traint, or interference, direct or indirect, by each other. Neither party .hall IIIOle.t the other or cOlllpel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding.. The foregoing provi.ion. .hall not be taken to be an admi..ion on ~he part of either party of the lawfulne.. of the cau.e. leading to them living .eparate and apart. 1.2 .ffeat of RecoDCilia~ioD. Thi. Agreement .hall not be deemed to have been waived or otherwi.e affected by a reconciliation, cohabitation, or re.umption of marital relation. between the partie. . The partie. .hall not be deemed to have reconciled wi~h the intention of vitiating or terminating thie Agreement unle.. they make euch action. through a written in.tru..nt, executed, and acknowledged in the .ame manner a. thi. Agreement. AR'l'ICLB XI - DIVORCB 2.1 Divorce Action. Thi. Agreement i. not predicated on divorce. Notwith.tanding the foregoing, it ie, in fact, agreed and acknowledged between the partie. that Wife haa filed a divorce action again.t Bu.band, and that both partie. agree, a. a condition to thi. agreement, to execute the nece..ary divorce con.ent. 3 \ . .. required by Section 3301(c) of the Divorce Cade, including the Waiver of Notice of Intent to Tranemit Divorce Decree, .0 a. to promptly finalize .aid action. It i. warranted, Covenanted, and repre.ented by Bu.band and Wife, each to the other, that thb Agreement i. lawful and enforceable and thi. warranty, covenant, and repre.entation i. made for the .pecific purpo.e of inducing Bu.band and Wife to execute the Agreement. Bu.band and Wife each knowingly and under.tandingly hereby waive any and all po..ible claim. that thi. Agreement is, for any reaaon, illegal, or unenforceable in whole or in part. Bueband and Wife do each hereby warrant, covenant and agree that, in any po.aible event, he and .he are and .hall forever be e.topped from a..erting any illegality or unenforceability a. to all or any part of thi. Agreement. 2.2 Pinal R..olution. It b further .pecifically under. toad and agreed that the provi.ion. of thi. Agreement relating to the equitable di.tribution of property of the partie. are accepted by each party a. a final .ettlement for all purpo.e. what.oever. Should either of the partie. obtain a decree, jUdgment or order of .eparation or divorce in any other atate, country, or juriSdiction, each of the parties to this Agreement hereby consents and agreee that thi. Agreement and all ite covenanta .hall not be affected in any way by any .uoh .eparation and divorce, and that nothing in any .uch decree, jUdgment, order or further modification or revision thereof .hall alter, Amend or vary any term of thb Agreement, whether or not either or both of the parties should remarry, it 4 \' I . J . being underetoad by and between the partie. that thi. Agreement ehall .urvive and .hall not be merged into any decre., judgment or order of divorce or .eparation. 2.3 IDcoraoratioD of Aare._Dt into Dear... It i. .pecifically agreed that a copy of this Agreement .hall be incorporated by reference into any divorce, judgment or decree if or whenever .ought by either of the partie. hereto. Such incorporation, however, .hall not be regarded a. a merger, it being the intent of the partie. to permit thi. Agreement to .urvive any .uch judgment or decree. ~ICLB III - BODITIlRT.1l1 DISTRIBUTION OP MARITAL PROPBRTY 3.1 Criteria of DhtrihatioD. The partie. have attempted to divide their marital property in a manner which conform. to the criteria .et forth in Section 3502 of the penn.ylvania Dome.tic Relation. Cade, and taking into account the following conaiderationel the length of the IIIllrriage, the prior IIIllrriagee of the partie., the age, health, .tation, amount and .ource. of income, vocational .kill., empioyability, estate, liabilitie., and need. for each of the parties, the contribution of one party to the education, training or increased earning power to the other party, the opportunity of each party for future acqui.ition of capital a..et. and income, the .ources of income of both parties, including but not limited to medical, retirement, insurance or other benefit., the contribution or dissipation of each party in the 5 J , . " acquiaition, pre.enation, d.preciation, or appreciation of III&rital property, including the contribution of a party a. a homelll&ker I the value of the property ..t apart to each party, the .tandard of living of the partin e.tabli.hed during their III&rriage, the economic circum.tance. of each party, including federal, .tate and local tax ramification., at the time of the divieion of the property i. to becom. effective, .nd whether the partie. will be .erving .. the cu.todian of any dependent minor children. 3.2 S.ti.factioD of Ri9ht. of Bauitable Di.tributioD., The divieion of exieting IIlllrital property ie not intended by the p.rtie. to con.titut. in any way . .ale or exchange of a..et.. The divi.ion of property under thi. Agre.ment .hall be in full ..ti.faction of .11 rights of equitable di.tribution of partie.. 3.3 Relinqui.~"Dt of Clef.-. Hu.band agree. to relinqui.h .11 claim. to any ....t. th.t may be acquired by Wife prior to the finalized divorce decree, and Wife agree. to relinqui.h all claim. to .ny a..et. that IIlllY be .cquired by Hu.band prior to the finalized divorce decree, except .. IIlllY be otherwi.e .et forth herein. 3.. Proceed. of Ka~ital Re.idence. The parties acknowledge that the IIlllrit.l re.idence has been sold and that the net proceed. therefrom have been placed into an intere.t-bearing e.crow .ccount requiring the .ignatur.s of both Wife and Husband'. former coun.el, William C. Voh., S.quire. Hu.band agrees to .ecure the .ignature of Attorney Vohs. The parties agree to share responsibility for 6 J . , , . any income tax rUliUcation. frolll the intere.t-ba.ring account. :ror capital gain. tax purpose., the partie. .gree to divide equ.lly the net proc.ed. frolll the ..le of the marital r..idence. It i. b.lieved that the .ettlement agent has already i.sued proportionate 1099'. for each of the partie., however, in the event the ..tt1ement ag.nt ha. not don. .0, the partie. agree to execute .uch docw.ent. a. ..y b. nece..ary to .ffect an equal divi.ion of the tax rUlification. concerning the proc.ed. of .a1e. 3.5 P.r.onaltv. The partie. have .greed between thelll.elve. to a divi.ion of all hou.ehold furni.hing. and per.onal property which would be conaidered "marital property" under the penn.ylvania Divorce Code, including any pen. ion. or retirement .aving. .ccount. or pl.n.. Bxcept a. otherwiee provided herein, the partie. acknowl.dg. and agree th.t the a..et. in the po.....ion of the oth.r .pou.e .hall be that .pou.e'. .ole .nd .eparate property, ..ch party hereto .p.cific.lly rele..ing .ny claim he or .he may have with r..p.ct to .uch itelll.. Th. partie. furth.r agree th.t, a. to all ....t. not .pecific.lly lIlentioned herein which are pre..ntly titled in the .ole name of one of the partie. hereto or, if untitled, are pre..ntly in the sol. pos.e.sion of one of the parti.. hereto, the party not having title thereto or po..e..ion th.reof hereby rele...s any claims therein and acknowledges that the party having title or pos.es.ion of such items .hall be the .01. and .xclu.ive owner th.reof. 7 " " 3.6 llaultable Dbtribution 'l'rander. Bu.band .hall pay Wife the total amount of $11,500.00 from the proceed. of the marital re.idence, repre.enting her equity in the marital e.tate. Thi. amount i. to be paid regardle.. of whether either or both of the partie. die or relllarry. Bu.band .hall pay thh amount within thirty (30) day. of the date of thh Agne_nt. The remaining balance of the proceed. of the marital r..idence .hall become the .ole property of Bu.band, to be u.ed, in part, for the payment of marital debt aa aet forth below. Wife agr.ea to execute upon dellland any document a neceaaary to effect thia transfer. AR'1'r~T,. IV - DBB'l'S OP 'l'BB PAR'l'IBS 4.1 Debte. During the courae of the lllarriage, Buaband and Wife have incurred certain billa and obligationa and have ...a.ed a variety of debt.. It ia hereby agreed, without the nece.aity of aacertaining for what purpoae and to whoae uae each of the billa were incurred, that, except aa otherwiae provided herein, both partie a are equally reaponaible for all auch bill., obligation., and debt.. Bu.band and Wife each agree to hold the other free and harmle.a from any and all liability which IllaY ad.e from any outatanding bill., obligationa, and debta incurred after the date of .eparation, and further agree to indemnify and defend the other from any claim regarding aame. Both partiea agree that, in the future, neither .hall cauae or permit to be charged to or againat the other any purchaae which either of them may hereafter make and 8 ,I . , .h.11 not h.re.fter cre.te .ny engagement., debt., or ob1ig.tion. in the n... of or again.t each other. ..2 BDeOifio OUt.tandina Debt. of Bu.hand. Bu.b.nd .gree. to .coept .01e re.pon.ibility for, and to hold Wife free .nd harmle.. from any liability which may ari.e from the following out. tanding bill., obligation., and debt. and further agree. to indemnify and defend Wife from .ny claim regarding ....1 Member'. 1.t Loan No. 10962 compri.ed of Member'. 1.t Loan No. 104072 Member'. 1.t Vi.a 4287-xxxx-xxxx-9S10 Member'. 1.t Loan No. 49981 Vi.a Gold 4287-xxxx-xxxx-9810 Amway Vi.a 4719-xxxx-xxxx-5419 Montgomery Ward 236-6xx-x80 Sear. 05-589xx-xxx52-0 J.C. Penney 070-5xx-xx3-9 Stott , Group 03/23/96 Bu.band further agree. to pay any of the.e debt. which may be out.tanding, and .til1 in joint name., in full from the proceed. of the .a1e of the marital re.idence within thirty day. of the date of thi. Agreement, .nd Wife agree. to execute any documentation n.c....ry for Hu.band to do .0. ..3 Baeaifio OUt.tandina Debt. of Wife. Wife agree. to acc.pt .01e re.poneibility for, and to hold Hu.band free and harmle.. from, any liability which may arise from the following out.tanding bill., obligationa, and debt., and further agree. to indemnify and defend Buaband from any claim regarding .amea Car1i.1e Bo.pital 2402667 Roy D. Gottshall 03/07/97 Bilger'. Garage 05/05/97 Jackson'. Auto Service 03/29/96 Graham Motor Company 01/19/97 9 " .. , , AR'l'ICLB V - ALIIIOIIY AIID RB'l'I~ ACCOOllTS 5.1 AU--DV. pur.u.nt to thi. Agr....nt of the p.rtie., neither p.rty .h.ll p.y alimony or .upport to the other. B.ch p.rty hereby waive. any .nd all claim. they may have again.t the oth.r for alimony or to the retirement benefits of the other party. AR'l'ICLII VI - IIISC.I.URODS PROVISIOIIS 6.1 Attornev. .... UaoD Breach. Bach of the p.rtie. .gree. that .hould either of them be in breach of contract and fail to comply with the term. of the Agreement herein the breaching p.rty .hall be re.pon.ible for all court co.t. and attorney fee. rea.onably nece..ary to enforce the Agreement. 6.2 Advice of CouD.el. The partie. acknowledge that they h.ve be.n given full and fair opportunity to con.ult legal coun.el reg.rding the legal effect of thi. agreement. They acknowledge and .ccept that thi. Agree..nt i., in the circum.tance., fair and equitable, that it i. being entered into freely and volunt.rily, .fter having received .uch .dvice and with .uch knowledge that execution of thi. 'Agreement ia not the re.ult of any dure.. or undue influence and that h not the result of any collu.ion or improper or illegal agreement or agreement.. For purpo.e. of contract interpretation and for the purpo.e of resolving any ambiguity herein, Bu.band and Wife agree that thi. Agreement wa. prepared jointly by their re.pective attorney.. Hershey Foods Corp. v. General BlectricServiceCo., 619A.2d285 (Pa. Super. 1992). 10 J 6.3 Coun..l P.... Hu.band .nd Wife agr.. to be r..pon.ibl. for their re.pective .ttorney fee. incurred to date with r..pect to thia .ction. 6.. Mutu.l Rel..... Hu.band and Wife each do hereby mutually remi.e, release, quitclaim and forever discharge the other .nd the e.t.te of .uch,other, for .11 time. to come and for .11 purpo.e. wh.t.oever, of .nd from .ny and .11 right, title, intere.t, Dr cl.tma in Dr .g.in.t the property (including income .nd g.in from property here.fter accruing) of the other, or again.t the e.tate of .uch other, of whatever nature and where.oever .itu.te, which he or .he now h.. or at any time hereafter may have againat auch other, the .st.te of .uch other, or any p.rt thereof, whether ari.ing out of .ny former .ct., contract., engagements, or li.bilitie. of .uch oth.r .. by way of dower, curte.y, or claim. in the nature of dow.r, curtesy, widow'. or widower'a right., family exemption, or .imilar .llow.nce, or under the inte.tate law., or the right to take .g.in.t the .pou.e'. will, or the right to tre.t a lifetime convey.nce by the other as te.tamentary, or .ny other right. of a .urviving .pou.e to participate in a decea.ed .pou.e's e.tate, whether .ri.ing under the law. of (a) Pennsylvania, (b) any .tate, cOllllllonwealth, or territory of the united Statea, or (c) any country. The parties further release any claim to all right. which either p.rty may have or at any time hereafter have for past, pre.ent, or future support or maintenance, alimony, alimony pendente lite, counsel fess, costs or expenses, whether arising as 11 01 .. . , . a r:..ult of the marital relation or otherwie., .xc.pt and only .xo.pt, all r:ight. and .gr:....nt. and oblig.tion. of wh.t.o.v.r natur:. ari.ing or whioh may .ri.. und.r thi. Agr..m.nt or for the br..ch of any ther:.of. It i. the intention of Bu.b.nd and Wife to give .ach other by execution of thie Agreement a full, complete and g.n.r:al 1'.1.... with r:..pect to any and all property of any kind of natur., r.al or p.r.on.l, not mix.d, whioh the other now own. or may her:eafter acquire, except and only except, all right. and agr~...nt. and obligation. of what.oever nature ari.ing or whioh may ari.e under thi. Agreement or for the breach of any th.reof. Both partie. acknowledge that they have been advi.ed that each may have the right to a..ert a claim for .pou.al .upport, alimony, alimony pendente lit., attorney. fee., co.t. and/or expen.e.. Bxcept a. otherwi.e provided herein, each party hereby waive. any right to .uoh eoonomic claim. ancillary to the divorce and acc.pt. the provi.ion. of thi. Agreement relating to the.e claim. a. a fin.l ..ttle..nt for all purpo.e., a. contemplated by the p.nn.ylvania Divorce Code. 6.5 Warranti... Bach party represent. that they have not heretofore incurred or contracted for any debt or liability or obligation. for which the estate of the oth.r party may be re.pon.ible or liable, except a. lIUly be provided for in thie Agreement. Bach party agrees to indemnify or hold the other party harmle.. from and again.t any and all such debts, liabilitie. or obligations of each of them, including those for nece..itiea, 12 i .' . . , . .xc.pt for the oblig.tion. ari.ing out of thi. Agr....nt. Bu.b.nd .nd Wife ..ch w.rr.nt, cov.nMnt., r.pr...nt .nd .gr.. th.t ..ch will, now .t .11 tim.. her..fter, ..ve harmle.. and keep the oth.r ind.mnifi.d from all d.bt., charge., and liabilitie. incurr.d by the other after the execution date of thi. Agreement, except a. i. othervi.. .p.cific.lly provided for by the term. of thi. Agreement .nd th.t n.ith.r of them h.r..ft.r incur .ny liability wh.t.o.ver for which the ..t.t. of the oth.r may b. li.bl.. 6.6 Mndific.tioD. No waiver or modification of any of the term. of thie Agreement .h.ll be valid unle.. in writing and eigned by both p.rtie., and no w.iver of any enforcem.nt cl.im. for br.ach or d.f.ult .hall be deemed a waiver of any .ub.equent default of the .... or .imilar n.tur.. 6.7 Doo..--~t .x~ution. The p.rti.. .gre. th.t they will prOllptly .X.cute any .nd all written in.trUlll8nh, ...ignment., r.l....., .ati.faction., d.ed., note., or .uch other writing. a. may b. n.c....ry or d.eirable for the proper implementation of thi. Agr....nt, and a. their re.pective coun.el .hall mutually agree .hould be .0 executed in order to carry out fully and effectively the term. of thi. Agreement. 6.a Governina Lav. Thi. Agreement shall be con.trued in .ccordance with the law. of the Commonwealth of penn.ylvania which are in effect a. of the execution date of thi. Agreement. 13 , ~ . .. . ' , 6.' JI!ntl1aa. Thb Agre.ment .hall b. binding and .hall inure to the b.n.fit of the partie. hereto and their re.pective heir., executor., admini.trator., .ucce.aor., and a..ign.. 6.10 latire Aar.-at. Thb Agreement con.titute. the entire understanding of the parties and .upersedes any and all prior agreemant. and n.gotiation. between them. There are no repre.entation. or warranties other than thoae expre..ly .et forth herein. 6.11 Severability. If any term, condition, clau.e, .ection, or provi.ion of this Agreement ahall be determined or declared to be void or invalid in law or otherwbe, then only that tem, condition, clauae, or proviaion .hall be stricken from thb Agree.ent, and in all other reapects, this Agreement ahall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet hia or her obligation under anyone or IlIOre of the article. and .ection. .hall in no way void or alter the r....ining obligation a of the partie.. The partie. expre..ly repre.ent that the heading. !Jf each paragraph are .olely for purpo.ea of convenience and are not to be con. trued as controlling. 6.12 Bauitable Divi.ion. It is specifically under.tood and agreed that this Agreement constitutes an equitable distribution of property, both real and per.onal, which wa. legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 14 r , . -. . ' . 6.13 Dilalolure. The partill warrant and rlprelent that thlY have ..de a full dilclolure of all alletl prior to the execution of thil Agreement and that thh agreement WaI entered into in reliance upon that dilclolure. 6.14 Bnforceabilitv and Conlideration. This Agreement Ihall lurvive any action for divorce and decree of divorce and Ihall forever be binding and conclulive on the partiel, and any independent action may be brought, either at law or in equity, to enforce the terml of the Agreement by either BUlband or Wife until it Ihall have been fully latilfied and performed. The conoideration for thil contract and agreement il the mutual benefite to be obtained by both of the partin hereto and the covenant I and agreement I of each of the partie I to the other. The adlquacy of the conlideration for all agreements herein contained and ltipulated, confelled and adlllitted by the partiel, and the partiel intend to be legally bound hereby. In the event either party breached the aforesaid Agreement and it h deter1llined through appropriate legal action that the alleged party hal 10 breached the Agreement, the breaching party Ihall be responlible for any and all attorney's fees as well al cost I and expenses associated with litigation incurred by the non-breaching party to enforce thil Agreement againlt the breaching party. 15 ;. ,- Ms. Eshelman and Mr. Scherer, Attorneys at Law 20 January 1998 Page 2 NOTE 1 Sanctions for failure to file the pre-trial statements are set forth in SUbdivision (e) and (d) of RUle 1920.33. THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. ELLEN BOUDER, 1 Plaintiff I 1 vs. I I RICHARD L. BOUDER, I Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 96-181 CIVIL;TE~ l~ CIVIL ACTION ,- .1 f'.' .. ., ;:1 I , "'? _I ". , ' 'I") :'~. ';1 , " ~1: ' :1(.) :" : v:, ~jrl1 . .. c I -, i ,":1 ~, i .. (.> ". PBTITION FOR SPBCIAL RBLIBF Plaintiff, Ellen Bouder, by and through her attorney, ths Law Offices of Patrick F. Lauer, Jr., hereby pstitions the court as follows 1 1. Plaintiff is Ellen Bouder, an adult individual currently residing at 2155 Newville Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Richard L. Bouder, an adult individual residing at 406 pine Dale Road, Carlisle, cumberland County, Pennsylvania. 3. A divorce complaint with count for custody was filed on January 16, 1996. 4. The parties are parents 01: two minor children 1 Christopher Bouder (Date of Birth 5/1/90), and Lauren Boudsr (Date of Birth 7/8/95) . 5. Up until January 15, 1996 and since their separation the minor children have resided with Plaintiff/mother at the above address. 6. Defendant/father enjoyed periods of partial custody during the evening hours Mondays through Thrusdays picking the children up at approximately 4:00 p.m. and returning them by 9:30 p.m. In addition, Defendant/father also enjoyed alternating weekends commencing Fridays at 4:00pm to Sundays at 9:30pm. 7. On January 15, 1996, Defendant informed Plaintiff that he would not return the children until 6130 a.m. on January 16, 1996 and that all further periods of partial custody would run under the same time frame. 8. Both parties reside in the same school district; however, due to the respective parties location different elementary schools service each area. 9. Defendant is insistent that Christopher attend the school that services the area where Defendant lives, thus the unilateral change in the custodial rights as indicated above, 10. Plaintiff is concerned for the well being of her children in that they must be awakened very early in the morning in order to be returned by Defendant. 11. It is in the bsst interest of the children that the custodial relationship be returned to the status quo prior to January 15, 1996. 12. For the well being of the children thie ex parte motion is necessary pending a hearing. WHEREFORE, Plaintiff respectfully requests that this court enter an order directing Defendant to enjoy periods of partial custody Monday through Friday from no earlier than 4100 p.m. and terminating at 9130 p.m. when he shall return the children to Plaintiff's residence. Also, that Defendant shall enjoy periods of >- _1' '>- II ,r: ...., ..- '-.~ i!' l)j ) ~ 111(') .i' ~ { '., i :I: } 0'" II.: ~ . :'," II,,' ..~ ; 'i' ~ ' .... 'n " ',} fq;'. i,". (':--,. ~- :~, 11 ; - :JllJ U, .-'. , .iLL. r -, 11. I') :i u e, 0 '" ex: ;; 5 ~ ; ~ ~ ~ I ~ ~ ~ ~ is ,. ~ t2 h III !:5 ~ va. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 96-181 CIVIL TERM CIVIL ACTION ELLEN BOUDER, Plaintiff RICHARD L. BOUDER, Defendant ORDBR OF COURT AND NOW, (tl this ~ day of January 1996 it is hereby ordered in the above referenced matter as follows 1 1. Plaintiff, Ellen Bouder, is awarded primary physical custody of the minor children, Christopher Boudsr (Date of Birth 5/1/90) and Lauren Bouder (Date of Birth 7/8/95), 2. Defendant, Richard L. Bouder, shall enjoy periods of partial custody Monday through Thursday from 4100 p.m. until 8130 p.m. at which time he is directed to return the minor children to the custody of Plaintiff or anyone so dirscted by the Plaintiff. Also, Defendant shall have periods of partial custody on alternating 'i/,: weekends from Friday at 4100pm to Sunday at'~130pm. 3. The minor child, Christopher Bouder, shall attend the elementary school hich set"' eu thu "e. uf Pll';tf' residence. ,r;. healing 0 this mat r wilt be hel/on t e Jy of L /1996 courtro m nUmb~r~~~t 0' loc~ JI- jlv\.-:I (~cQ..k ~'\I'{J__Q,~;iJ2'YY'L~" LI ~t!;f C\. ~ (~y:<i. ,kfr-J... ''-'/. C V~ t: ' (( C C,,\ CJZ.,uGtR ,_.'. Fl1.mOFFICE rlO' T' '" """1 "~"O"""Y ",' i '. ,',JIII,',;,.,. 11111 9S .11:/17 hit 9: 3S CUI "" ,,/ "'J --'IIIIIY "1"l,':li ,:~ ,': LL._, (":""""", \" /, 10,\ 4-: 11\.)/ ".It . ,~ i\" . , I 1\ ;, I I: ,) " " ,I I " vs. I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I No. 96-181 CIVIL TERM I 1 CIVIL ACTION ELLEN BOUDER, Plaintiff RICHARD L. BOUDER, Defendant PETITION FOR SPECIAL RELIEF Plaintiff, Ellen Bouder, by and through her attorney, the Law Offices of Patrick F. Lauer, Jr., hereby petitions the court as follows 1 1. Plaintiff is Ellen Bouder, an adult individual currently residing at 2155 Newville Road, Carlisle, cumberland County, Pennsylvania. 2. Defendant is Richard L. Bouder, an adult individual residing at 406 pine Dale Road, Carlisle, Cumberland County, Pennsylvania. 3. A divorce complaint with count for custody was filed on January 16, 1996. 4. The parties are parents of two minor children I Christopher Bouder (Date of Birth 5/1/90), and Lauren Bouder (Date of Birth 7/8/95) . 5. Up until January 15, 1996 and since their separation the minor children have resided with Plaintiff/mother at the above address. 6. Defendant/father enjoyed periods of partial custody during the svening hours Mondays through Thrusdays picking the children up at approximately 4100 p.m. and returning them by 9130 p.m. In addition, Defendant/father also enjoyed alternating weekends commencing Fridays at 4:00pm to Sundays at 9:30pm. 7. On January 15, 1996, Dsfendant informed Plaintiff that he would not return the children until 6130 a.m, on January 16, 1996 and that all further periods of partial custody would run under the earns time frams. 8. Both parties reside in the same school district~ however, due to the respective parties location different elementary schools service each area. 9. Defendant is insistent that Christopher attsnd the school that services the area where Defendant lives, thus ths unilateral change in the custodial rights ae indicated above. 10. Plaintiff is concerned for the well being of her children in that they must be awakened very early in the morning in order to be returned by Defendant. 11. It is in the best interest of the children that the custodial relationship be returned to the status quo prior to January 15, 1996. 12. For the well being of the children this ex parte motion is nscessary pending a hearing. WHEREFORE, Plaintiff respectfully requssts that this court enter an order directing Defendant to enjoy periods of partial custody Monday through Friday from no earlier than 4:00 p.m. and tsrminating at 9130 p.m. when he shall return the children to Plaintiff's residence. Also, that Defendant ehall enjoy periods of partial custody on alternating weekends from Friday at 4100pm to Sunday at 9130pm. Furthermore, that the minor child, Christopher Bouder, shall attend school at the appropriate building which services the area in which Plaintiff resides. Date 1 / /td/9t. Respectfully BUbmitted, .22 . ,,- Bri n J. PUhala, Sr., Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 IDf 72655 Tel. (717) 763-1800 ." " " .:; I " , I, i ,\ " , ~ I" '$.. ..::J " ~ ;r ..., '- -~ 0 F; to:: P-JD ii, <- ( - ;.,1< r;d5 -- ..<~. I~r' ..... (,; :,:. ...t ..... 0:- ro,::} EB '-, (-: r- ".:(3 iW. ./. L.:;": :.~ : II" -;; I- f': ...-,: .:,;.,lJ] -.' :/:..... Ll.. '."7) 0 ::'J c., U 'i"- -... ~ ~ ~ ,~ f ~ ~ a.."", ..;- nJ j~ ~ E ~~ ~~J . ELLEN BOUDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY v. NO, 96-181 CIVIL TERM RICHARD L, BOUDER, Defendant 'ITITIOK rOR IHIRalKey RILIlr AND NOW, this 18th day of January, 1996, comes the Defendant, Richard L, Bouder, by and through his attorneys, Hanft , Vohs, and files this Petition for Emergency Relief as follows: 1. The parties are the natura 1 parents of the minor children, Christopher Bouder, born May 1, 1990, and Lauren Bouder, born July 8, 1995, 2. Plaintiff, Ellen Bouder, through her counsel filed for divorce and custody on January 16, 1996, 3. Plaintiff, Ellen Bouder, through her counsel filed for special relief on January 17, 1996, 4. As a result of Plaintiff's petition for special relief, this Honorable Court entered an Order regarding the custody of the parties' minor children. A true and correct copy of the Order of Court dated January 17, 1996 is attached hereto and made a part hereof and marked as Exhibit "A", 5, Plaintiff's counsel was made aware that the undersigned represented the Defendant by telephone on January 16, 1996. 6. However, Plaintiff's counsel failed to notify the undersigned or the Court of this fact when the ex parte Order was t "':'IUllrIlIl11IUIWI~,"n sought. 7, Plaintiff's petition clearly indicates that the Defendant's time period with the children had been daily from 4:00 p.m. until 9:30 p.m" and on alternating weekends until 9:30 p,m, However, Plaintiff's proposed Order, signed by the court, curtailed that time until 8:30 p,m" even though Plaintiff's prayer for relief requested 9:30 p,m, 8, The status quo was that Defendant had the children daily, Monday through Friday, from 4:00 p,m. until 9:30 p,m" and on alternating weekends from Friday at 4:00 p.m, until sunday at 9:30 p,m, 9. The minor child, christopher, has been attending Frankford Elementary School since August, 1995, until the plaintiff unilaterally changed the school to Plainfield Elementary School within the same school district on January 16, 1996, This changed was made without Defendant's consent or permission, and expressly against both parties' previous desire to maintain the same school for Christopher and thus, maintain some stability through the divorce process, 10. The best interests of the children will be served by vacating the Order entered on January 17, 1996, and entering an Order which confirms the status quo until the matter is heard before the conciliator, This is the same request that Plaintiff made, except that she curtained Defendant's time with the children, and changed the school of Christopher undsr the guise of an emergency, without notice to the undersigned, ,n.'In'ln'I\III"lUJlUlIJlutt1 vs. J 1\ i.~ I 7 1896\" , ,f' 1 IN THE COURT OF COMMON PLEAS OF 1 CUMBERLAND COUNTY, PENNSYLVANIA 1 1 No. 96-181 CIVIL TERM 1 ELLEN BOUDER, Plaintiff RICHARD L. BOUDER, Defendant CIVIL ACTION ORDBR OF COURT in the above referenced matter as followsl AND NOW, this I~~ day of January 1996 it is hereby ordered 1. Plaintiff, Ellen Bouder, is awarded primary physical custody of the minor children, Christopher Bouder (Date of Birth 5/1/90) and Lauren Souder (Date of Birth 7/8/95). 2. Defendant, Richard L. Bouder, shall enjoy periods of partial custody Monday through Thursday from 4100 p.m. until 8130 p.m. at which time he is directed to return the minor children to the custody of Plaintiff or anyone so directed by the Plaintiff. Also, Defendant shall have periods of partial custody on alternating r. weekends from Friday at 4100pm to Sunday at'130pm. 3. The minor child, Christopher Souder, shall attend the elementary school which services the area of Plaintiff's residence. . ^ heaLing "on- -this mat:t:er will be I...ld un tJ.... day sf 1996 in ~""rtroCllJL number at o'clock. 71./$ ~C-<-. shL( ~n:;IIJU u,w~;l ~ 1I€~fl.'lul 6'-~r...-IJ...r.. Guh:Jcl~1 (?CJAJc.d,''::J~ TRUE COpy FROM RECORD , 11 Testimony whereof I I here unlo set my harl\) md lhe III' of said C~J~~' ..,Carllsl', Pa. '- ~,~'~~ ~Y'7~;'::':",.:-.".8= Prothonotary' -~ EXHIBIT "A" .4/ ~4~ 9.J~ L:f J. -,. ,'j.; r") ..... ~ '1 l- 1- " r') j', , tlf' .I t',) : J,l' ~ '''I' I' . 'l ',,' ,.. IT' " ~ " " . " ., ....... ,';' I:, t.,-! .... . r,,:> : " (."1 '" L'l.' , j,; , "J L ~: ., :,). ) , , I ' '.- S I', r : '/l .J l' '" , ;"'1 U , /~ . ,) ~ ~ ;1 !~ ~ ~t ~ ~~ ~ 8! ~ ~~ ~ ~ ~ ei ~ :: ~ H p:: ~ ~ S &l IJJ '" en ~ ::s: iil O~IO ~ :1~lilm~ to- ~"'!: l&. Ii!!:t::. z ~ t::. ~ ~ ~ '" 2 ? o H ~ - - . . . . . , \ ELLEN BOUDER, Plaintiff v. I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I 1 No. 96-181 civil Term I I CIVIL ACTION - LAW 1 IN CUSTODY/VISITATION RICHARD L. BOUDER, Defendant SCHBDULING ORDBR AND NOW, this J.J..~J. day of August 1997, upon consideration of the Plaintiff's Petition for Emergency Relief, a hearing on thb matter is scheduled for the JI,.A day of August 1997 in Courtroom 11 of the Cumberland County Courthouse in Carlisle, F'-::-C;" I ~ ,... i lJv'-.J),..--.."S/~ r-'~d ~.y) , c c ,-..,,~ ~-\ F'-I"I.... Y V\Q/\. ,,~ Pennsylvania. I )IV' t F-( BY THB COURT 1 / ~L1-/( (~, f~/' ~~~ E. Sheely, P.J. ,-III/\u L \) ELLEN BOUDER, Plaintiff v. 1 IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA 1 1 No. 96-181 Civil Term 1 1 CIVIL ACTION - LAW 1 IN CUSTODY/VISITATION RICHARD L. BOUDER, Defendant (1 .0 () PBTITION FOR BMBRGBNCY RELIBF r~::"~ ."i' :J {"" : 'J ~, ['" . 'I ~) .-, i L:1 The Plaintiff, ELLEN BOUDER, through her attor~f.' ..i,he:.~w 1 -, .. "';-1"1 Offices of Patrick F. Lauer, Jr., hereby Petitions .the Court:j!i, , ,-!:l ~i follows 1 ,'.) ~ :~ l~ - 1. The Plaintiff, ELLEN BOUDER, is an adult individual, currently residing at 141 East Main Street, Walnut Bottom, Cumberland County, Pennsylvania 17266. 2. The Plaintiff, ELLEN BOUDER, resides in the Big Spring School District. 3. The Plaintiff resides in the region serviced by the Oak Flat Elementary School. 4. The Defendant, RICHARD L. BOUDER, is an adult individual, currently residing at 406 Pine Dale Road, Carlisle, Cumberland County, Pennsylvania 17013. 5. The Defendant, RICHARD L. BOUDER, resides in the Big Spring School District. 6. The Defendant resides in the region serviced by the Frankford Elementary School. 7. The parties in this matter are the parente of two minor children, Christopher H. Bouder, born on May 1, 1990; and Lauren E. Bouder, born on July 8, 1995. 8. The parties currently share both legal and physical custody of their minor children. Please see the Stipulation-based Order of Court attached hereto as Exhibit "A" and incorporated herein by reference. 9. On or about the May 30, 1997, a substantial and material change of circumstances occurred, namely 1 Mother moved from her former address at 2155 Nswville Road, Carlisle, Cumberland County, Pennsylvania 17013. 10. Prior to the move, the eldest child, Christopher H. Bouder, had been enrolled at Plainfield Elemsntary School, also in the Big Springs Schoo 1 District. 11. The first day of school in the Big Springs School District is August 26, 1997 for all elementary schools. 12. The Mother desires to enroll the children in Oak Flat Elementary School. (a) Mother's current employment will end as of January 1998. Mother expects to be off of work until September of 1998, and she intends to work out of her home thereafter. She will bo able to spend additional time with the children after school and will be able to place the children directly on the bus. (Currently, neither parent is able to place the child on the bus or care for the children immediately after school, and a child care provider is necessary for each parent to do so.) (b) At Oak Flat Elementary School, the Mother will not be required to wake up the two-year old Lauren in order to place Christopher on the bus at either Frankford or Plainfield Elementary School.. 13. The Father desires to enroll the children in Frankford Elementary School. (a) Prior to the separation of the partie., Chri.topher attended Frankford Elementary School hi. Kindergarten year from August 1995 through November 1995. He then attended the remainder of hb Kindergarten year and his first-grade year at Plainfield Elementary School. 14. The Big Springs School District does not have a preference as to which elementary school the children attend, .0 long as a parent or legal guardian resides in the particular elementary school's servicing region. (a) The Maternal grandmother continue. to re.ide in the Plainfield Elementary School region, and i. willing to accept legal guardianship for school purpo.e., although neither party particularly de.ire. Christopher to remain at Plainfield. 15. It is in the best interest of the children to enroll in Oak Flat Elementary School for the following reasons 1 (a) The Mother will be able to place the children directly on the school bus as of January 1998 and for the foresesable future thereafter. (b) (c) The children will be able to remain with the Mother after school as of January 1998 and for the foreseeable future thereafter. The youngest child, Lauren, will not have to be awakensd early in order to be taken along when Christopher is placed on the bUB as of January 1998 and for the foreseeable future thereafter. WHEREFORE, the Plaintiff, ELLEN BOUDER, reapectfully requaata this Honorable Court to issue an Order of Court prior to the firat day of school, August 26, 1997, confirming the existing Stipulation of the parties of October 2, 1996, while directing that the Mother be permitted to enroll the children in Oak Flat Elementary School. Reapectfully submitted, A (fJ- ~, Date 1 3/1(17 Matthew J. Eshelman, Esquire Law Offic s of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID' 72655 Tel. (717) 763-1800 ELLEN BOUDER, Plaintiff 1 IN THE COURT OF COMMON PLEAS OF 1 CUMBERLAND COUNTY, PENNSYLVANIA I 1 No. 96-181 Civil Term 1 1 CIVIL ACTION - LAW 1 IN CUSTODY/VISITATION v. RICHARD L. BOUDER, Defendant VERIFICATION I, ELLEN BOUDER, state that I am the Plaintiff in the above- captioned C88e and that the facts set forth in the above Petition for Emergency Relief are true and correct to the be.t of illY knowledge, information, and belief. I realize that false statements herein are subject to the penalties for un.worn falsification to authorities under 18 Pa. C.S. 5 4904. Datela(~ /Cj j{)(j7 C)~t ,) ( l !u ,j~(U{(U) Ellen Bouder ........' UQM 1tM\, IJ,...'UO , , Eldllblt A \ . i, '..; " I, .Plll ,+- I'" I Ii 1\ I " " ! " " i. " ,t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELLEN BOUDER, plaintiff v. CIVIL ACTION - LAW IN CUSTODY NO. 96-181 CIVIL TERM RICHARD L. BOUDER, Defendant ORDBR O. COURT AND NOW, thisOl~ day of @~ , 1996, upon agreement of the parties, the following Order is hereby entered: The parties are the natural parents of the two minor children, Christopher H. Bouder, born May 1, 1990, and Lauren E. Bouder, born July 8, 1995, 1. The parties shall share legal and physical custody of the minor children, Christopher H. Bouder, born May 1, 1990, and Lauren E. Bouder, born July B, 1995, 2. The physical custody of the minor children shall alternate daily betwsen the parties. The times and places for exchange to be mutually agreed upon by the parties. 3. The Father shall enjoy up to four (4) weeks of vacation with the children. Those weeks shall not be taken consecutively, and he will provide mother with thirty (30) days advance notice, 4. The Mother shall enjoy up to four (4) weeks of vacation with the children. Those weeks shall not be taken consecutively, and she will provide father with thirty (30) days advance notice, 5, The parties shall alternate the major holidays, those holidays being defined as Easter, Memorial Day, July 4th, Labor C~""""CWTAlIaa Day and Thanksgiving, the times to be as agrsed upon by the parties. 6. The parties shall share the Christmas Holiday, The Christmas Holiday shall be split into two (2) segments. Segment 'A' shall occur rrom December 23 at 12:00 p,m. until December 25 at 12:00 p,m, Segment '8" shall occur from December 25 at 12100 p.m. until December 27 at 12:00 p,m, In 1996 and all even numbered years therearter, Father shall have segment 'A", while Mother shall have segment 'B". In 1997 and all odd numbered years therearter, Mother shall have segmsnt 'A", while Father shall have segment "8", 7, Father shall have the children on Father's Day and Mother shall have the children on Mother's Day, 8, The parties agree that either Father's mother or Mother's mother will continue to provide the child care for the children, and that all exchanges of custody will occur at either or those residences, unless otherwise mutually agreed upon by the parties. 9. During all periods or partial custody exercised by the Defendant, the children shall not be left in the presence of Donald Rudy without Defendant being present, Under no circumstances shall the children be in the same location with Donald Rudy without Defendant. Furthermore, the children shall not reside in the same dwelling as Donald Rudy at any time, with or without Derendant, IN WITNESS WHEREOF, the day and year first written above, ('~'ITDO~C\'lfAQ" " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELLEN BOUDER, Plaintiff v, CIVIL ACTION - LAW IN CUSTODY n c. c' '.::) (,.\ '.'> '11 'J ,~..j '. .i,;n .--..." '? .:'~ ,-.I -0':') jl'rl ,1 :~ ", !J RICHARD L, BOUDER, Defendant NO. 96-181 .,., Cf' ' ,.' t', . CIVIL TEIUf. ~. '" S' : -.~ .. AND NOW, CUSTODY AGREEMENT this ~ day of *~ 1996, -, '.1'1 between Ellen Bouder, Plaintiff, "hereinafter referred to as Mother" and Richard L. Bouder, Defendant, "hereinaftsr referred to as Father", the parties hereby entsr into this agreement relative to the custody of their two minor children, Christopher H. Bouder, born May 1, 1990, and Lauren E, Bouder, born July 8, 1995. 1. The parties shall share legal and physical custody of the minor children, Christophsr H. Bouder, born May 1, 1990, and Lauren E. Bouder, born July 8, 1995. 2, The physical custody of the minor children shall alternate daily between the parties. The times and places for exchange to be mutually agreed upon by the parties, 3, The Father shall enjoy up to four (4) wetiks of vacation with the children. Those weeks shall not be taken consecutively, and he will provide mother with thirty (30) days advance notice. 4. The Mother shall enjoy up to four (4) wesks of vacation with the children. Those weeks shall not be taken consecutively, and she will provide father with thirty (30), days advance notice. S, The parties shall alternate the major holidays, those C'~~a.'1TAQID " " . holiday. being detined as Easter, Memorial Day, July 4th, Labor Day and Thanksgiving, the times to be as agreed upon by the parties. 6. The parties shall share the Christmas Holiday. The Christmas Holiday shall be split into two (2) segments. Segment "A" shall occur from December 23 at 12:00 p.m, until December 25 at 12:00 p.m. segment "8" shall occur trom December 25 at 12:00 p,m. until December 27 at 12:00 p,m. In 1996 and all even numbered years thereafter, Father shall have segment "A", while Mother shall have segment "8', In 1997 and all odd numbered years thereafter, Mother shall have segment 'A", while Father shall have segment '8", 7, Father shall have the children on Father's Day and Mother shall have the children on Mother's Day. 8. The parties agree that either Father's mother or Mother's mother will c~ntinue to provide the child care for the children, and that all exchanges of custody will occur at either of those residences, unless otherwise mutually agreed upon by the parties. 9. During all periods of partial custody exercised by the Defendant, the children shall not be left in the presence of Donald Rudy without Defendant being present. Under no circumstances shall the children be in the same location with Donald Rudy without Defendant, Furthermore, the children shall not reside in the same dwelling as Donald Rudy at any time, with or without Defendant, C~T'aMaa.'fTAGNI . . " IN WITNESS WHEREOF, the day and year tirst written above, the ~nding , I: I' !! j to be legally bound. 1<~ t, ~,.J~/ Rear L. Sou Elr <:;"", oJ I CU.ifl ,(J,(ud f) , Ellen Souder . e.~cwrAO" , , ELLEN BOUDER, Plaintiff v. 1 IN THE COURT OF COMMON PLBAS OF 1 CUMBERLAND COUNTY, PENNSYLVANIA 1 1 No. 96-181 civil Term 1 1 CIVIL ACTION - LAW 1 IN CUSTODY/VISITATION RICHARD L. BOUDER, Defendant CBRTIFICATE OF SBRVICB I hereby certify that I am this day serving a copy of the foregoing Petition for Emergency Relief upon the person, and in the manner, indicated below, which service satisfie. the requirements of the Pennsylvania Rules of civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid and addressed as follows 1 William C. Vohs, Esquire HANFT , VOHS 11 We.t Pomfret Street Suite 2 Carlisle, PA 17013 D.t., ~ helman, Esquire of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID' 72655 Tel. (717) 763-1800 . ELLEN BOUDER, Plaintiff 1 IN THE COURT OF COMMON PLEAS 1 OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. RICHARD L. BOUDER, Defendant . . 1 NO. 96-181 CIVIL TERM 1 CUSTODY/VISITATION ORDBR OF COURT AND NOW, this :-'--\1, day of February 1996, upon consideration of the attached Order of Court, it is hereby directed that the parties and their respective counsel appear before fYl, ,k, I I. (2.", _ ,,:~ , the conciliator, at '~-) O:? \ l h- -I', \1, ("',n." nil , on the 71t.. 1996, at At such Mnrc " day of l-f (J .M., for a Pre hearing Custody Conference. conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT 1 BYI 10,~/l,-(..l A~ gl)~:y;J/'i Custody Conciliator ~~/ ' YOU SHOULD TAltB THIS PAPER TO YOUR LAWYER AT ONCB. IF YOU DO NOT HAVB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELBPHONB THE OFFICB SBT FORTH BELOW TO FIND OUT WHBRE YOU CAN GET LBGAL HELP. OFFICE OF THB COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLB, PA 17013 (717) 240-6200 {-'1 rCJ-I"'-C~ ......-.. .' ,I ,',.r, L: '..' ."., ''\11,.,. . I, ,I ", ,...._'V t"". ',.'" ~ " ., ~ I (I" fe"', 1 ~o 1'1,;, ;? p"/')' 21 Ij .... CIJ'" " ,,'" ..'. ,. "....,11" "I) ( .1" . - t . k .j .., \ Fb\;;'IS\'LI.' ""j', ...1 Y ,/"", ;)" IJ. 1/6 ftJ" tiJfY .~ -It) 17 (?J,J... cJ '1.)9& )'lcYua 1~'~.1 }~ &?~ t/fL, " d ,/;) '16' tory ;u!v,A.,,( .....41 /11. ~fh ELLEN BOUDEP, 1'1Aintlt f 1 IN THE COURT OF COMMON PLEAS OF 1 CUMBERLAND COUNTY, PENNSYLVANIA 1 1 No. 96-181 CIVIL TERM 1 1 CIVIL ACTION 1 vo. RICHARD L. nOUDEIl, Dofondltnt CROHR OF COURT AND NOW, this I'II~ day of January 1996 it is hereby ordersd in the abovo roforonood mlttter as followsl 1. Plaintiff, Ellon Bauder, is awarded primary physioal custody of the minor ohildren, Christopher Boudsr (Date of Birth 5/1/90) and Lauren Boudor (Ditto of Birth 7/8/95). 2. Defondant, Riohard L. Bauder, shall enjoy periods of partial ouotody Monday through Thursday from 4100 p.m. until 8:30 p.m. at whioh time he ill directed to return the minor ohildren to the oustody of Plaintiff or anyone so directsd by the Plaintiff. Also, Defendant shall havo poriodo of partial custody on alternating I. weekendo from Friday at 4100pm to Sunday atj(:30pm. 3. The minor ohild, Christopher Bouder, shall attend the elementary Bchool whioh servioes the area of Plaintiff' 0 residence. -A In;rn.L inq on t.his f\'QLLtfL wll-l Lw held on t'lA day Qf 1"6 1.. eotu::troon, nUfftber at o'~l,.,~1t_ ...~'S ~'n.. "J..~l( ~rn~'lu u....,H.'L '1;;1 lI~ol..'kY:j bi..~L --/J...ro... C.u;I"~~'J Cbo..lcd 1'~l....rL TRUE COpy FROM RECORD '., T .ltlmolty WherIa1, I hire unto lit my hllId .illlllhe III' or IIlcI Cocl1. It CarlIsle. PI, rhl ., ~J, ~ I 01 , '::I~ \. 1'19[" . 1'rDIhon0Wy # ,JJd...~L e'('~"';-J. ., ELLEN SOUDER, Plaintiff vs. 1 IN THE COURT OF COMMON PLEAS OF 1 CUMBERLAND COUNTY, PENNSYLVANIA 1 1 No. 96-181 CIVIL TERM 1 (") t.') I"") ~..:; v.l -., ..., ~'.l '..t :.:J [;: ,:': ..- :;i;n fr: -J ]~j ~.: _ ~: ;,.~):r :::".~ - 'JOC> :,.c.: \.':) ~rn Plaintiff, Ellen Bouder, by and through her at~rner, ~e Law Offices of Patrick F. Lauer, Jr., hsreby petitions the court as RICHARD L. BOUDER, Defendant CIVIL ACTION 1 PBTITION FOR SPBCIAL RELIBF follows 1 1. Plaintiff is Ellen Bouder, an adult individual currently residing at 2155 Newville Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Richard L. Bouder, an adult individual residing at 406 Pine Dale Road, Carlisle, Cumberland County, Pennsylvania. 3. A divorce complaint with count for custody was filed on January 16, 1996. 4. The parties are parents of two minor children 1 Christopher Bouder (Date of Birth 5/1/90), and Lauren Bouder (Date of Birth 7/8/95) . s. Up until January 15, 1996 and since their separation the minor children have resided with Plaintiff/mother at the above address. 6. Defendant/father enjoyed periods of partial custody during the evening hours Mondays through Thrusdays picking the children up at approximately 4:00 p.m. and rsturning them by 9:30 p.m. In . . addition, Defendant/father also enjoyed alternating weekends commencing Fridays at 4100pm to Sundays at 9130pm. 7. On January 15, 1996, Defendant informed Plaintiff that he would not return tho children until 6130 a.m. on January 16, 1996 and that all further periods of partial custody would run under the same time frame. 8. Both parties reside in the same school district~ however, due to the respective parties location different elementary schools servico oach area. 9. Dof.ondant is insistent that Christopher attend the school that servioos tho area whero Defendant lives, thus the unilateral change in tho cuutodial rights as indicated above, 10. Plaintiff is concerned for the well being of her children in that they mUst be awakened very early in the morning in order to be returned by Defendant. 11. It is in the best interest of the children that the custodial relationship be returnsd to the status quo prior to January 15, 1996, 12. For the well being of the children this ex parte motion is neoessary pending a hearing. WIIEREFORE, Plaintiff respectfully requests that this court enter an order directing Defendant to enjoy periods of partial custody Monday through Friday from no earlier than 4100 p.m. and! terminating at 9130 p,m. when he shall return the children to Plaintiff's residence. Also, that Defendant shall enjoy periods of " . '" partial custody on alternating weekends from Friday at 4100pm to Sunday at 9130pm. Furthermore, that the minor child, Christopher Bouder, shall attend school at the appropriate building which services the area in which Plaintiff resides. Datel //14/9(, R.~~UU"'tt.d' ~ Bri n J. PUhala, Sr., Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 lot 72655 Tel. (717) 763-1800 . " ~ CBRTIFICATB OF SBRVICE I hereby certify that I am this day serving a copy of the foregoing PETITION FOR SPECIAL RELEASE upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of civil Procedure, by depositing a copy of the same in the United States Camp Hill, Pennsylvania, through first class mail, prepaid and addressed as followsl Richard L. Bouder 406 Pine Dale Road Carlisle, PA 17013 "7J- Brian J Puhala, Sr., Esquire 2108 Market Street Camp Hill, PA 17011 (717) 763-1800 Datel //k/fC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELLEN BOUDER, Plaintiff v, CIVIL ACTION - LAW IN CUSTODY NO. 96-181 CIVIL TERM RICHARD L, BOUDER, Defendant ORDIlR 01' COURT AND NOW, this I <,-t t., day of -E.bn"", ~ , 1996, upon consideration ~plaint that was fil~d on January 17, 1996, it is hereby directed that the parties and their respective counsel shall appear before ~;t ,~L~, the conciliato~ at ' on the . /1h. day of (, 1996 at . .m., for a Pre-Hearing Custody Conference, At such conferen e, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order, All children age five or older may also be present at the Conference. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent Order, FOR THE COURT, () By: --MA.":J,c'~ A./ d.6"',.,4.J cs... CUS!c,dY ~~~lr.;~or '-' ~~f~ The Court of Common Pleas of Cumberland County is required by laJ ~r- 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, AIl 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, 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 t~'l"ltlClY''''1\1''U'IHt''A''''''J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELLEN BOUDER, Plaintiff v, CIVIL ACTION - LAW IN CUSTODY RICHARD L. BOUDER, Defendant NO, 96-181 CIVIL TERM NOTION FOR CONCILIATION CONF!R!NC! AND NOW, this 15th day of February, 1996, comes the Defendant, Richard L. Bouder, by and through his attorneys, Hanft & Vohs, and files the within motion for a conciliation conference as followsl 1, On or about January 17, 1996, the Plaintiff, Ellen Bouder, filed a Divorce complaint which included a count for Custody at the above term and number. 2, At the same time, the Plaintiff, Ellen Bouder, filed a Petition for Special Relief concerning temporary custody of the parties' minor children. 3. On January 17, 1996, the Honorable Harold E. Sheely, P.J., entered an ex parte order granting Plaintiff's Petition for Special Relief, with the addition that the Ordsr would remain in effect until the conciliation conference. 4. The Complaint filed did not contain the required Order for Conciliation per Cumberland County RUle 1915.15. s. Plaintiff's failure to include this Order for , \l'\II111Orllnt1IUnlNtllAltotllr ,.., ,0,) '.... --..t~ \ ~! '1 ~~, "'" '-"",j '~-'.oJ.. '<;) \-...,1 .rJ "" I ,'\or ~, ~:,j i ''1'.;l .~ ~l ~ ~..~ ,~.'J . .~ -\:< 'J 3 ..~ J ~i 1 .~ ""'~~ ~ t--t;O'..... \~ S.., 5 , '"t '. r,": f- ,". ('J- I. ~~t') (~! 1,< , _ (f~ r:: ;--.l~ ~ ,(' '0'"1 1.;1' ( j' /. I' II. \...1 v, ,,' ,.' .,J. 'OJ . :-'! !.: J !.'~ , I t,) ;1 N Z ~ i. ~ 0 en ... . .... :z: iil ... el1l ~ .... o ~ W ~ ~~ ~ .... ~~ . l:: :::1 :ii~,~l el.... ~ ~~ u !; ; z , J2J 8 ~ ~ ~,:: > ~ fHJ IL ~~& ~ ~~ z t:.ti is ~ ~ ~ ~ :il ~8 ~ ~ '. . . ELLEN BOUDER, Plaintiff ) I ) I ) I ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, CIVIL ACTION - LAW NO. 96,181 CIVIL TERM RICHARD L. BOUDER, Defendant CUSTODY /VISIT A TION _ { ORDER AND NOW, this J- L/ f I- day of ,1\ C <J\ J L, 1996, upon receipt of the Conciliator's Report, It appearing that the parties have reached an agreement on a temporary basis as to a custodial arrangement between the partlss and that this agreement was dictated In their prElsence and approved by them and their counsel, It Is hereby ordered and directed as follows: 1. The Order of 17 January 1996 shall rsmaln in effect except that the time for return shall be extended until 9:30 p.m. This Order will remain In effect until the oldest child finishes the school year in 1996. 2. Upon the end of the 1996 school year, the Order of 17 January 1996 shall be vacated and replaced by the following order: A. The parties shall shars legal custody of ths minor children, Christopher Bouder, d,o.b, 1 May 1990, and Lauren Bauder, d.o.b. 8 July 1996. B. The parties shall shara physical custody of the minor children In accordance with ths following schedule during the summer months: 1. Father shall have the children on an alternating weskend basis beginning on Friday at 4:00 p,m, until hs returns the children on Monday morning to the Mother's residence prior to going to work. Father will also have the children overnights on Tuesday and Thursday each week. This pick up tims for this period of custody will bs at 4:00 p,m" and he will return the children to the Mother's residence the following morning prior to going to work. 2. Father shall have the children Monday through Friday from 4:00 p.m. until 9:30 p,m. 3, Mothsr shall have the children at all other times during the wsek, 3. The Fathsr shall enjoy up to four wesks of vacation with ths children. those weeks shall not be taken consecutlvsly and he will provide Mother with thirty (30) days advance notice. 4. Mother shall enjoy three weeks of vacation with the children excspt that if she obtains four weeks, she will bs entitled to that extra week, Mother will provide Father with thirty (301 days notlcs as to when shs wants to exsrclse those weeks. 6. The parties shall alternate the major holidays, those holidays being defined as Easter, Memorial Day, Fourth of July, labor Day, and Thanksgiving, the times to be as agreed upon by the partiss. 6. The partiss shall share ths Christmas holiday. Ths Christmas holiday shall be split Into two segmsnts. Segment A shall occur from 23 December at 12:00 until 26 December at 12:00. Segment B shall occur from 26 Decsmber at 12:00 noon until 27 Decembsr at 12:00 noon. In 1996 and all evsn. numbered years thereaftsr, Father shall have Segment A, while Mother shall have Ssgment B. In 1997 and all odd-numbered years thereafter, Mother shall havs Segment A, while Father shall have Segment B, 7. Fathsr shall have the children on Father's Day and Mothsr shall have the children on Mother's Day, r: l~;~' I- iT:'"'.:' ..-" , 01 " . ,1 I II Fj~ ~: U n H , i , \"_' ,II 1 \..; ,. ;~I ~..;'" ,L'\ ELLEN BOUDER, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLANO COUNTY, ) PENNSYLVANIA vs, ) ) CIVIL ACTION. LAW RICHARD L, BOUDER, ) NO, 96.181 CIVIL TERM Defendant ) ) CUSTODY /VISIT A TION JUDGE PREVIOUSLY ASSIGNED: The Honorable Harold E. Sheely, President Judge CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3,8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent Information concerning the chlld(ren) who Is(are) the subject of this litigation Is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Christopher Bouder Lauren Bouder 1 May 1990 8 July 1995 Plaintiff Plelntlff 2. A Conciliation Conference was held on 4 April 1996, and the following Individuals were prsssnt: the Plaintiff and her ettorney, Brian Puhala, Esquire; the Defendant appeared with his attornsy, WIlliam C. Vohs, Esquire. 3. Items resolved by agreemsnt: The parties were able to resolve a summer schsduls and to also work on a temporary scheduls as Indicatsd in the Order. 1 4. Issues yet to be resolved: The partiss havs not resolved what the schedule should be during the school year, 6. The Plaintiff's position on custody Is as follows: Plaintiff's position Is that It Is very disruptive for ths children to have to get up eerly In ths morning so that the Father can drop them off at Mother's residence In ordsr to get to work. Mother relates that the oldest child gets on ths school bus at 9: 1 0 a.m., and that by having the children stay overnight they have to get up much earlier than thfoY do at har residence on school nights, 6. The Defendant's position on custody Is as follows: The Defendant believes that the partlas had more of a shared arrangement while they were married and that he should have the children overnight during the school week. Since the parties live less than ten minutes apart the Father does not believe that It Is that disruptive for the children to have to get up a little earlier to accommodate the work schedule while they are In his care, 7, Need for separate counsel to reprssent children: Nelthsr party requested and the Conciliator does not believe any Is nscessary. 8. Nesd for Independent psychological svaluatlon or counssllng: Nslther party requested and the Conciliator doss not bslleve any Is necessary. 9. A hearing In this matter Is expected to take two hours, 2 10. Other matters and comments: The parties generally agree that they have always worked on a shared arrllngement given their work schedules. Mother has always been available during the day and Father Is available in the evenings. Mother goes to work at 2:00 p.m. and returns home around 11 :00 p.m., while Father is typically home no later than 4:00 p.m. The only Issue Is whether or not the children should stay overnight with the Father during the week. This has become an issue because the oldest child is in kindergarten and will be in first grade in the fall. The parties were willing to try to see how the schedule works over the summer months. The schedule as Indicated in the Order effectively splits the time with both parents evenly. It is hoped that once the parties work on the schedule over the summer, that they may be able to resolve their differences. If the schedule is not working such that it is very disruptive to the children, then the parties should return to a situation where the children are residing overnight with Mother during the school year. If the children are adjusting well to the schedule, there is little reason to change it simply because the oldest child is in school. Since the fitness of the respective parents Is not an issue, the court will not have to engage in an extensive hearing and will only have to make a determination as to whether or not the schedule they are working on 15 appropriate during the 3 school year or if the children should be with their Mother overnight during the school year as was contained in the previous order in this case. Date: 18 April 1996 Vvl~)t".~ C Michael L. Bangs Custody Conciliator 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELLEN BOUDER, Plaintiff v. CIVIL ACTION - LAW IN CUSTODY NO. 96-181 CIVIL TERM RICHARD L. BOUDER, Defendant . . OlD.. or COURT AND NOW, this 7. l~{day of ( ,(" i/,~}(' ~ 1996, upon agreement of the parties, the following Order is hereby entered: The parties are the natural parents of the two minor children, Christopher H. Bouder, born May 1, 1990, and Lauren E. Bouder, born July 8, 1995. 1. The parties shall share legal and physical custody of the minor children, Christopher H. Bouder, born May 1, 1990, and Lauren E. Bouder, born July 8, 1995. 2. The physical custody of the minor children shall alternate daily between the parties. The times and places for exchange to be mutually agreed upon by the parties. 3. The Father shall enjoy up to four (4) weeks of vacation with the children. Those weeks shall not be taken consecutively, and he will provide mother with thirty (30) days advance notice. 4. The Mother shall enjoy up to four (4) weeks of vacation with the children. Those weeks shall not be taken consecutively, and she will provide father with thirty (30) days advance notice. 5. The parties shall alternate the major holidays, those holidays being defined as Easter, Memorial Day, July 4th, Labor 1"llIWlIl."4'''''~I''1W1I1IUi''''114U'''' Day and Thanksgiving, the times to be as agreed upon by the parties. 6. The parties shall share the Christmas Holiday. Christmas Holiday shall be split into two (2) segments. The Segment "A" shall occur from December 23 at 12:00 p.m. until December 25 at 12:00 p.m. Segment "B" shall occur from December 25 at 12:00 p.m. until December 27 at 12:00 p.m. In 1996 and all even numbered years thereafter, Father shall have segment "A", while Mother shall have segment "B". In 1997 and all odd numbered years thereafter, Mother shall have segment "A", while Father shall have segment "B". 7. Father shall have the children on Father's Day and Mother shall have the children on Mother's Day. 8. The parties agree that either Father's mother or Mother's mother will continue to provide the child care for the children, and that all exchanges of custody will occur at either of those residences, unless otherwise mutually agreed upon by the parties. 9. During all periods of partial custody exercised by the Defendant, the children shall not be left in the presence of Donald Rudy without Defendant being present. Under no circumstances shall the children be in the same location with Donald Rudy without Defendant. Furthermore, the children shall not reside in the same dwelling as Donald Rudy at any time, with or without Defendant. IN WITNESS WHEREOF, the day and year first written above, l''fu,WlIl...n'llnllY'1W1I1Jl,h''',ol,lIUl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELLEN BOUDER, Plaintiff v. CIVIL ACTION - LAW IN CUSTODY RICHARD L. BOUDER, Defendant NO. 96-181 CIVIL TERM CUSTODY AOIZBMZKT AND NOW, this ~ day of ~~ 1996, between Ellen Bouder, Plaintiff, "hereinafter referred to as Mother" and Richard L. Bouder, Defendant, "hereinafter referred to as Father", the parties hereby enter into this agreement relative to the custody of their two minor children, Christopher H. Bouder, born May 1, 1990, and Lauren E. Bouder, born July 8, 1995. 1. The parties shall share legal and physical custody of the minor children, Christopher H. Bouder, born May 1, 1990, and Lauren E. Bouder, born July 8, 1995. 2. The physical custody of the minor children shall alternate daily between the parties. The times and places for exchange to be mutually agreod upon by the parties. 3. The Father shall enjoy up to four (4) we~ks of vacation with the children. Those weeks shall not be taken consecutively, and he will provide mother with thirty (30) days advance notice. 4. The Mother shall enjoy up to four (4) weeks of vacation with the children. Those weeks shall not be taken consecutively, and she will provide father with thir.ty (30) days advance notice. 5. The parties shall alternate the major hOlidays, those r'j..lotIll.'I~"'JllIlY"l\llt"'nll41IUI holidays being defined as Easter, Memorial Day, July 4th, Labor Day and Thanksgiving, the times to be as agreed upon by the parties. 6. The parties shall share the Christmas Holiday. Christmas HOliday shall be split into two (2) segments. The Segment "A" shall occur from December 23 at 12:00 p.m. until December 25 at 12:00 p.m. Segment "B" shall occur from December 25 at 12:00 p.m. until December 27 at 12:00 p.m. In 1996 and all even numbered years thereafter, Father shall have segment "A", while Mother shall have segment "B". In 1997 and all odd numbered years thereafter, Mother shall have segment "A", while Father shall have segment "B". 7. Father shall have the children on Father's Day and Mother shall have the children on Mother's Day. 8. The parties agree that either Father's mother or Mother's mother will continue to provide the child care for the children, and that all exchanges of custody will occur at either of those residences, unless otherwise mutually agreed upon by the parties. 9. During all periods of partial custody exercised by the Defendant, the children shall not be left in the presence of Donald Rudy without Defendant being present. Under no circumstances shall the children be in the same location with Donald Rudy without Defendant. Furthermore, the children shall not reside in the same dwelling as Donald Rudy at any time, with or without Defendant. r '1I1WJU'U''I'lIur""" 11t1','..r4HUJ tn <.:- J ,~ '<>\ ~ M ~ .... tll' V_I , ">: ,., ,:.. (J ~. I' C' . I i,: '.' .J ;'~ ~ 4 -l .... r ~ L' \.0' , ) i ' ~ . , 'itA .... (.I ,') (" \ '._) ~~ I~ ~ ~ N 0 I!! ~~ ~ ~ !~ :z:: fl ~ o ~ 1M >:s ~ U ~ mn I d r 'III ... ~.~ 'C <D ...l Iii ... ~~~I[~ ,~ ~~ . ~~ 0\ > . !! ~ - - .LLIN BOUDIR, I IN TH. COURT OF COIOlON PLUS OF Plaintiff I CUMB.RLAND COUNTY, PSNNSYLVANIA I V. I CIVIL ACTION - LAW I IN CUSTODY RICHARD L. BOUDIR, I Defendant I 96-181 CIVXL TERM IN RII PITITION POR IMBRGINCY RELIIP ORDIR OP COURT AND NOW, this 26th day of Augu.t, 1997, after hearing, the Court direct. that Chri.topher H. Bouder, born Nay 1.t, 1990, attend the .ame elamentary .chool that he attended la.t year, which i. the Plainfield Elementary School, and he will remain in that elamentary .chool until further Order of Court. The Plainfield Ilamentery School i. in the area where the maternal grandmother re.ide.. By the Court, E' ~,.. Sheel Matthew ..helman, I.quire POl' Plaintiff , . I I 'ifj.. " I~~, e~tr-J.J.l.4..v '1'\.(l~4C'\-.o ..{) U ..&. .. William C. Voh., E.quire For the Defendant mal .... Cl r.: [r; <= ',>" -c ~'.~ 103 6; " l'J:' . I.... J ".~ 8~\ ".i: -. ~'j C'.;I " ~;} I c".. -. , fr" , <'I . Ie I(;J ._~t I' , (." re, ..... 'C't- f~'. "'- ~~j L'. r- C) C7' C) Additionally, wife's engagement ring was not appraised, and the auctioneer didn't appraise some other Items in wife's possession. Husband also owns some guns which were not appraised, and their value Is approximately $1,000.00 while wife's gun that was not appraised is worth approximately $240.00. 2. Expert witnesses: Husband may call Roy Gottshall, the auctioneer who appraised the personal property. 3. Witnesses: Husband and perhaps wife as on cross-examination. 4. Exhibits: Husband's 1997 Federal Income tax return which Is not available yet. Mr. Gottshall's appraisal and Husband's pension statement from the Hay Group. The most recent Orrstown Bank statement regarding the marital residence proceeds. 5. Income: Husband Is employed by the Carlisle Hospital and he Is a maintenance technician. Husband's 1997 W-2 is attached. /I appears husband's net income for 1997 was $20,153.26, and husband does not know whether he will owe additional sums for taxes or if he will get a refund for 1997. 6. Expenses: Husband pays child support to wife in the amount of $66.00 per month and In addition to the customary maintenance expenses, husband has been paying all of the marital debt since the parties separated. When wife moved out of the marital residence she later refused to help husband pay the marital debt. Husband was forced to refinance much of the marital debt In order to manage the debt service. Husband also estimates that he has between six to eight thousand dollars worth of post separation debt In the form of credit cards, and he has a legal bill In excess of two ti10usand dollars to Mr. Vohs. 7. Value of pension: See the attached pension statement. 8. Counsel fee claim: Wife asked for counsel fees In the divorce complaint. Husband feels each psrty should pay their own counsel fees. 9. Tangible property: Husband Is satisfied that each party may maintain the Items of tangible property currently In each parties' respective possession. In the event the parties cannot agree on the value of the 1985 Pontiac station wagon, husband will agree to assign wife's value to it and she may have It. 10. Marital debts: The parties agree that husband borrowed $10,454.81 from Members First on December 16, 1995 to consolidate marital debt. Husband's payments are $233.32 per month and husband has made every payment on the loan since the money was obtained. Husband has paid interest on the loan In the amount of $2,252.94 since the loan's Inception and husband has attempted to have wife agree to payoff this debt using the funds from the sale of the marital residence but wife won't agree. There were also several other credit cards that could not be paid off with the loan from Members First which represent marital debt. They include a $146.00 Sears credit card bill which husband has paid off; a Members First Visa which husband continues to pay, which balance was $1,348.37 at separation and husband has paid $394.96 In Interest since separation; husband paid off the Montgomery Wards charge card for a total of $276.84; husband has paid $184.29 on the Amway Visa bill which represents charges made by wife; husband has paid J.e. Penny's $43.41 and $41.21 for charges made by wife, and a doctor bill for wife for $25.00 and the parties tax preparation bill for 1996 for $65.00. 11. Proposed resolution: Husband has been attempting to have the marital debt paid from the funds in escrow and split the remaining assets 50-50. Wife has refused to do so since husband took the responsibility to put the marital debt In his name to ensure that It gets paid. Wife's proposslls to share In the Interest earned from the funds In escrow from the sale of the marital residence, so husband believes wife should share In the Interest he has paid to service the marital debt. Husband remains interested In seeing the marital debt paid, having husband reimbursed for the Interest he has paid on the marital debt, having the parties keep their respective pensions and the Items of personal property they presently possess and having the remaining funds be divided 50-50. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~c:;.~ Michael A. Scherer ID#61974 17 W. South Street Carlisle, PA 17103 (717) 249-6873 Attorney for the husband, Richard L. Bouder . ",' '''. - . ," 'IT, "0--" ..... . . -- - ------ -- -- -- - - -- - ------ -- ------- . Control number . Emptoy.r. kilnllf'tcatlon number o E~I nlrno,ICldIOU. Ind ZIP codI CH Z46 PARKER STREET PO BOX 310 CARLISLE, PA . EI1lIlIOyM'11OdII ucunty numbe, Z -u- I EI1lIlIOyM'1 norno,lddrtU. and ZIP codI RICHARD L. 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H"J JOCOuPHE '''' I~,~ ,,;, , ,~ ;OCOtJPElf .;, ," I '~J ,'UIlArCI'U"'CIC :1' ',I ...., . ,a),c.nt .OCO\JPI!St: t ~ .l It:, 'PJ IOne.l.,. ~il '11 I") . ID TRANS All V. IOl1AfCHLl.l.ClC "1 .;1 ':ll IO,EDU4lE t!~ M ." . ra ':~ IllS .OHArCI'BACI(LE ,~. n , J!~ IO'o'I'.l.GC'. !':I '''' lJJ.l , ,~ SUNBIRD 2000 'OWAilCNU "' '''I '"'' . ,..".:.at lOC~V[Hr~OLELE P,l 001 ,~;, , SUNOIRD TURBD , LIliAN. lO~P' 0' .'" It!' , JOCO\JPE!lE "n "" a'I "" '" '" .." 10 UPElE .. ,.:, 1l~ , :oU,,'Ckll.l.CI(SI "" '''' .-,~ "" , :OttA'Ck8"CI( ." tOS , ~:4 , .DSEOANSE 0''' '''' .u~ ..~ ,Pf". tOSlOAN I" )., 1)1' 0 "~'J.'UHI -lWf. tOSEOAt.LE ,a I!<J ,;.:, , .. .HI"'COI.I'I I~ '" ,,,. IOWAUC'HE l't I:!,l ILJ , .. .:ll ,~ SUNBIRD TUROD 1000 " la '" Ii')) -I ,0 COU+'E SE I'.,; 'J:; ;.1' '1-1 ;OIl"ICIoO"'(1( .. ,a t., '"' ,D,1AfCHU.lCI(SE ',I ;,'.1 .' ~I 'I.J 10""'CkO"'CII; 1!4 f:J '.'\1 i!NNI ':JSEC&liSi 1;S . ~I ,: Ii ~I :l..l 6000 , ,. ',.!{I "'" "':.111:lIr.[. .11:1;1. .[}c01..rE n:t ..~ ',!', . 18IlCl.''3I+AU t:iO 1l!4 I~:.o J ~OCCI,,"[lE n J;I ... . "a~C\,lQH.I" IOS "'" ltit 1000 t05EOI" !O '..0 .t\"\ 0 G 10 UOAlILE I" I'!) 1114 , ill :OMA'Ckll.lCI( "I la '" 'D :IED.lN 5E I!O '}II 11\' . '" IOH"'CH8ACIC5EO.l.... I:' 1.1 Q IDSEC.IJ.STE "'I ,~ :.:1 ::." , u <I, eooa lo....Aact. "1 '!A '~.I , I" ,~ ", I:a 10 COUPE lDWAIlCtHE t;<j U)d t!', , OJ ,. '" ..os .IDCOUPIU I ~I 'I!O I"J . '0 WAQOtI51i II.' "'" .:~~ , 'DAClC !:4 '" I.rl 10 SfOAH ,'a IIrl .:!J , CW'C.UJ DACICLJ I!~ nl ,,,, to' 0" '~!J , 'DAr.ICSJ !~, " 1\:4 IDSIOANlI ,~ ',") IPI , BONNEVILLE .U.t1~IU1U' _11m: ~ 10 "DAN \tE 12;1 ItJ ';'1) . 10GIOAli ''- 11.'0 'III , 'OWAQON '~ 10' 11:\1 , 10 SICAN PROUGH"'" 1;;1 "" '.... , 10 WAGON LE " Il" 't~ , '05IDAH~E "" "0' lJ.JQ 1111 CW'C,110 cst. JaJ A~"."D Ia.CIC '" HI .. BONNEVILLE FIERD 'j J!J ~, '" IQSEeAN "I "~I 1,!4 :OCC\,lPE '" ". 'IOQ 'DACIC .~ "' '~50 '0 IEOAH PROVO...I.... J:' ,!:"' lI" ~D COUPE 51 '" ,... ,,~ , ." Hn ,.. 10 SlDAti U . ~4 '" U:ll .:0 SPOR' COUPE .., "'" lIfl ........'10 AM\"iII , '" "' III F.IIO flERD OT ELI ." 1111 ,.. lOCClUP. III '!JI "" lOCOUP. ulI III' II" "lO , o. ,. I" 'DCOUPl 51 ". 'Na .." FIRElIRD .11 '" ,,~ ,... 10 UORTCOlOPI '" ":.0 WI lDCCuPE 1111 "" 'I" ,url '" lln I!X! .... ~. ,., A.Mrr~I'" ,. !JI ,~ 1111 fIIIlDOT Ce4 'c.;., ,"ll ,. '" "" 'DCOUPI m '''' 11'1 FIREBIRD SE ,1"CSl,11lI FIIlI.IRD lOCOUP' UJO lU, JIll II!G EVILLI lDCOUP. fa "a OlIO ... rrO-11IO /QHA.l,I5lCAH m ".. lH' ......'f'OlIl4iJ c." 'C.l<<I ~ll 'IO ''- ..., n..'C'11D FIRE BIRD TRANS All VI "' ll.il "., FIRI.IAD SE l.......OSlC.IN " tm X" ~o couP, ltrl ms mo ,.., .. '0 COUP' Ifl '.. "'" AiM rrO-11d ..... '.'f'OlIll1lI FIRE BIRD VI I o..'C,IIlI fRAA'......,DCDUPIi ~!'-Cl "" un ilUS 'I '" '" II., F1Il1BIAD TRANS All VI A... "0-.'lII :lI!U ,. ." Il~ ~~~,'a 'III .!.:., JIll mol ORAND All lTl;C\.:PI HI 'a .... ':OCCuP& I,!O 14':1 mo , lIRD FIRE BIRD VI 2DSECAtHE IStI WI m, ltSV '. 1;1 II:,) 11 ~,' "RAljSAl.llDCt;l.llf ',!) 1:~1 W"' 'I!J to SlOAN IlJ ':~ 'I-'Xl , .v,,~ '>>rrOl'I'" 'QSEOAf.lE 'e.:, ws "'" II',) :....., ORAND AM AM I.t:~ IIRD SE ;,)COl.,lI'E PS J'I ';:J , ORAND AM va '1 ". leIS ';;1 I"COIJPfLE . ~; ~ .:;.) "' ~ S 'I:' .0 ~EC.ltj ~e IUS ~t:(j ll'.o l/~J .NI>> h, I".~_U tOSEeAl, ~E .;;!~ ;lv/ 1!~J II'J :UJ GRAND PRIX ORAtlD PAIX IIRD IRAtlS AM VI :~,ulI'.r: tI:nr. 1~...J igg~~~~H"''-4COlJPE ... 1115 11"'1 PI '~a ,." II., oJ RO\iCaH,l.l.Il;l..:..I'"!; ". "" tUS r",,,,,, ~ .r. ' '. S , ) ~J 0 Price Guide: Nurtheast Region HI . '-.-..--.-...-.- ..- , t)O ,qcJ f.. .~I~~~ - ,..-... - - f(2A~':',,". "fa/ / f1 - A""IIRT WJ 'l~cP (?J'lOiJ1 'I J 3l;fbr.,., ,'. I..~" \"j,J (2-U" ~ ') U 2c;S-..... "/II/Pt'- ,4e;n/l1~7tJ/7 7aJe/dwc:.. JJP (iJ~?IY.fJ) OEWJ,fJtf (IrQ 1J7'.f9- ~/111{riY) 7m/UL (CGJ,50JjlJ) ,}d]- ~1t., ~'lHEd v '2 t. >. ,.. o/f/R9 - /e1ll11J1tn 'W dGW/G (C t,.J9Y9N) .:k.D w1ctd^f; ~II~~"~:S 1'/lS/f,9- F'fc ~{bl// (C/J3cP/sns,"1k bw.-tJ' o't{f--2 \il'C/vJ..,~ (l1,rI fol,/SCL ' ) \ FIIlEIl' ''/JS'/RfJ -D11l'0~ (,a'l/5' ~-"'1k 41-".,;1 /J aciL .- :1\0 1 <6D.- J!elJ/90 - i~~ ~chl'- R~ ;.junTi:/.- (/L.LJ.pI~ S'u ('(.If. ~ 'l7r;,.... Iqd5/t8 - ~fI'-r ~"" {~<.. 99d (S'!j()./9'llJ'Ip) '1y (Tkttr . $1...,0,;>9 ~ ---;pr;qO Rwdtl'-> ~PI()I (5110-/335'1) .l='.)p. , . ... . '.,t.. ,: " '/, ,'" , .., .'. ".:"'f-. ,.~'.i" .\1 ' r'.'. . ,'1" M~mhp~ FEDERAL CREM1rNION MIMIIRS 1ST FEDERAL CREDIT UNION 5275 E, Trlndla AOld Machanlcaburg, PA 17055 NOTE AND DISCL03URE srATEMENT RICHARD L. 037.0484.0 RAE INTEREST l 11.9000 406 PINEDALE RD CARLISLE, PA 170139546 ACCOuNT NO, ~ 49981-05 . AA 1 0962 10962 lllTf V_E 111lIIII1II1U ~"you peyotlllltyyouwl nol nlYllo PlY 11lIIl1lly. ..... __ T11I ArinuaI Ptrcent- agl Ralt doll nollllallnllllCCOUllt I '11.9000 1MI1 31544.39 110454.81 113999.20 , " 't:-:-,~.:.TllIIlIII-:-::,:~r ~..~ ~~n:.'::::- c:::=:-:::.. day olllll monIII. T11I ralI wI_ iii ~ =', '1'IIIldmum ralIlIIowtd by law. and R wtI_ IlIIna lIIIn N/A . Any InltflSl lilt Inc:rlua wI,..,.1II men PIYIl1If111 01 lIlIlImumount. For EiImIlII. . II your loin wa lor 15.000 II 1 MIl lor 48 monlllllJ1d lIII Annual Ptrcen Ralt InclllIId by ~ Iftll'DIlI year, lIlIltnn 01 , ioIJ1 WOUld IncrIaII lWlIlIlOIllIII. J. Your ..... If 1'&, 1111 ...... If ,.,.... .... hiNIII All DII """'" L_ I: You may ollIaIn propeny inIurne Inlm . PIyment 159 233. 32 mont h 1 Y a.1I1 n (12-01-96 II1yOIII you WII1t tIlllllICClPllblllo lIII c:rIdIt union, If' SCIlIdule J 233. 32 F 1 n.l d u. (11-01-01 you gat tIl. InlUI'll1CI lrom lIII credit union you will PlY: willi: . 1 N/A IIIUllw. ColltttII/ IlCUrina otllt, low wttlltIlt crldl1 union lilt goodl or wI'lIIa IlCUlIlIllIIOIJ1. '!'ou 1/1 glvtng IlICUrfly InltllSt proptr!y btlng Olhtr In your Iharn lJ1dIor d.poalllln tIl. credit union: IJ1d purcnlSld; (Dtscribe) S 1 ... CllIIIt: II your Plymenl Is 10 dlYS 0' moll pasl du.. you WiN bl cnargld lilt. III Iqualto 51M1 01 your IClItduItd PlYIIltlll. ' .... .1', " ...... IItI I, ",... n.tu.... Allng FHS . n/. II Ill,. NO/loAllng 1000ranct INIA 1 10454.81 . 6079. 40 oIMOUNT PAlO ON VOUR S ACCOUNT 3920.60 PREPAID = S nlOl TOC....dlt Insu...ance To Ene: F.. To Y I NT CONT1HUlO ON __ IClI TllII1llIolWIg PlflUI'IIIh IpplIn only Illhla ill vlriablt rail 10111: Th. InlUal 1111 or InllflSl IsN/A %. -- In1II'nI wlY III chlfQld from lilt dl1t ollhis loan unUI you hlv, paid wnll you OWl under tills Agrttmtnl. The Inllresl raIl II subjtc1lo chll1g. IS 1oIIowI: IIt1lt N/A (Index) Chll1gls. W. wlllldd I margin o,N/A 10 the Ind.x value. T11I ralIwlchangt momhIy on tilt nISI day 01 lIlI montII. Tht ""wiIl nlVll' be hlgner lhll1t1lt maximum 1111 IlIowed by 1IW,IJ1d hiM 111'III' be IlSSlhtn N/A ~_Ir!~I!..'"!=,~~.~,~~I!,I~_~_P!Y.'!!!n1IOltll''!!!1'-!!!l2!!!1!:._ _,.' _....'.__....._....,...'" .,' . n/;a S S To To To Tnll NOli Is gov.mld by th. lawe 01 , I ,.: .,./ .~ I , j . .. .".. .-._- .--.-.---..-;...... ASSB'l'S OP TUB PARTIBS PAGB (X) Plaintiff () Defendant marka on the liat below thoae itema applicable to the caae at bar and itemizea the asseta on the following pagea. ( ) 1. (X) 2. ( ) 3. ( ) 4. (X) 5. ( ) 6. ( ) 7. ( ) 8. ( ) 9. ( ) 10. ( ) 11. ( ) 12. ( ) 13. (X) 14. ( ) 15. ( ) 16. ( ) 17. ( ) 18. (X) 19. ( ) 20. ( ) 21. ( ) 22. ( ) 23. ( ) 24. (X) 25. (X) 26. Real property Motor vehiclea Stocka, bonda, aecuritiea, and optiona Cerificatea of depoait (CD'a) Checking accounta, caah Savinga accounta, money marketa, and aavinga certificatea Contenta of aafe depoait boxea Truata Life Inaurance Policiea (indicate face value, caah aurrender value, and beneficiariea) Annuitiea Gifta Inheritancea patenta, copyrighta, inventiona, and royaltiea Peraonal property outaide the home Buaineaa (liat all ownera, including percentage of ownerahip, and officer/director positiona held by a party with the company) Employment termination benefit a - aeverance pay, workman'a compenaation claims/awards Profit aharing plana Penaion plana (indicate employee contributions and the date on which plan vests) Retirement plans, Individual Retirement Accounts Diaability paymenta Litigation claima (matured and unmatured) Military/VA benefit a Education benefita Debts due, including loans, mortgages held , Houaehold furnishings and personalty (include as a total category and attach itemized lists if distribution of such assets is in dispute) Other - Debts of the parties IIOR-MARITAL PROPBRTY (X) Plaintiff () Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property (letters in parentheticals indicate title to asset) I It_ Description Reason for Bst'd Dat. of MII-.har of ProlMlrty Bxclusion Value Valuation 14. Shop-vac (8) pre-marital 20.00 03/97 15. Remin03ton 223 (8) Ed Bouder's 440.00 01/98 16. Omega 12 guage Firehouse ISO.OO 01/98 It_ .n.har 17. lB. 19. 20. 21. 22. 23. 24. LIABILITIBS OP TBB PARTIBS De.cription of Prqpe~y ..... of a.... of All Creditor. All Debtor. ~unt 2ad $2,44B.56 (paid) 3,630.B4 (pd) 3,920.60 (pd) 10,000.00 1,056.29 471.90 250.73 133.62 25. Tax Prep Fees (96) stott, Grp H 65.00 (alleged to be solely Husband's responsibility) 26. Medical Bills Carlisle Hosp W 25.00 (alleged to be solely Husband's responsibility) 27. Credit Card J.C. Penney H 330.26 (alleged to be solely Husband's responsibility) Appraisal fees Roy Gottshall W Interest paid to date Member's lst H on H-assumed debt et al. 30. Car Repairs Graham Motors W 500.00 et al. (alleged to be solely Husband's responsibility) 2B. 29. Car Loan (12/95) Member's 1st J Rolled into Member's lst ConBolidation Loan Credit Card (12/95) Member's 1st J Rolled into Member's IBt Consolidation Loan Personal Loan (12/95) Member's let J Rolled into Member's lst Consolidation Loan Consolidation Loan Member's let H Credit Card (12/95) Visa Gold J Credit Card (12/95) Amway Visa J Credit Card (12/95) Wards J Credit Card (12/95) Sears J 55.00 c.2,500 MARGARET ELLEN SOUDER, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I VS. I No. 96-181 CIVIL TERM I RICHARD L. BOUDER, I CIVIL ACTION - AT LAW Defendant I IN DIVORCE DBPBIlDAIft"S PO-TRIAL STATBMBIIT PBR Pa. R.C.P. RULE 1920.331bl (I) (i)Marital Assets I See the Inventory submitted by the Plaintiff per Pa.R.C.P. Rule 1920.33(a) and filed as of record for a list of the IllArital anets, their value, the date of the valuation, whether any portion of the value is non-lllArital, and any liens or encumbrances thereon. (1) (ii)Non-Marital Assetsl See the Inventory submitted by the Plaintiff per Pa.R.C.P. Rule 1920.33(a) and filed .s of record for a list of the IllArital anets, their value, the date of the valuation, whether any portion of the value is non-marital, and any liens or encumbrances thereon. (2lExDert Testimony I No documents which Plaintiff currently intends to offer into evidence have been exchanged with the opposing party, save those attached to this Pre-Trial Statement. However, Plaintiff intends to call no expert witnesses at trial unless demand for the witness' presence is IllAde within seven (71 days of the receipt of this Pre-Trial Statement. (3) Witnesses I Plaintiff intends to call M. Ellen Bouder of 141 East Main Street, Walnut Bottom, Pennsylvania 17266 to testify regarding the factors set forth in Section 3S02(a) of the Divorce Code. (4) Exhibits I fOllowing exhibits I (A) Offer of purchase of Pontiac 6000 from Graham Motor CO. (BI Repair receipts for Pontiac 600 (C) Blue Book valuations of IllArital vehicles, DOS and Current (01 Offer of purchase of Mountz Jewelers (E) Personal propertr appraisal of Roy D. Gottschall (FI Slue Book valuat ons of weapons (G) Pa. State Police, Firearm Information Request applications (HI Employer prepared valuations of parties' retirement benefits (I) HUD-I sheet from sale of marital residence (JI Statements of account, Marital residence escrow account (X) Member's 1st Conventional Loan Worksheet Plaintiff reserves the right to enter the -,' (L) Payoff statement of Member's lst Loan' 9204918 (M) Statements of account, Member's lst Visa' cheoking (N) Statements of account, J.C. Penney (0) Statements of account, Carlisle Hospital (P) Statements of account, stott , Group (Q) statements of account, Sears (R) Statements of account, Montgomery Ward (S) Statements of account, Amway Visa (T) Statements of account, Law Offices Patrick F. Lauer, Jr. (5) Plaintiff's Incomel See Plaintiff's Income and Expense Statement filed as of record for a statement of Plaintiff's current income. (6) Plaintiff' s EXDenseSI See Plaintiff's Income and Expense Statement filed as of record for a statement of Plaintiff's current expenses. (7) Pension and Retirement Benef!t81 Both parties worked for the Carlisle Ho~pital and Health Services throughout the course of their eight year marriage. Defendant's pension is worth roughy the same as Wife's. (8) Attornev's FeeSI Wife has incurred considerable attorney's fees and costs as a result of the litigation. Wife's income has historically been somewhat less than that of Defendant. Currently, Wife is not working, and is unable to meet the costs of litigating the matter. (9) Tanaible Personaltv Valuation I See the Inventory submitted by the Defendant per Pa.R.C.P. Rule 1920.33(a) and filed as of record for a liBt of all houcehold furniBhings or other personalty where distribution of such items is disputed. (10) Marital Debtsl The parties had three joint marital debts to Member's lBt F.C.U.1 a car loan ($2,448.56), a ViBa bill ($3,630.84), and a personal loan ($3,920.60). These three loans, totalling $10,000.00 were consolidated in Husband's name in December 1995. Husband has maintained the loan since. The parties also had credit debts to Visa Gold ($1,056.29), Amway ($471.90), Wards ($250.73), and Sears ($133.62), totalling $1,912.54 as of December 1995. (II) Summary of Scecial Issues of Interestl The Defendant respectfully submits the following special issues to the attention of the Courtl REFUSAL TO LIQUIDATE PONTIAC RESULTING IN LOSS OF VALUE OF ASSETI At separation, Wife took possession of the Pontiac 6000 for use as her personal vehicle. The vehicle was titled solely in Husband's nams. In the Summer of 1996, Wife purchased a new vehicle. The dealership offered her $2,000.00 toward the purchase of the new car if she traded in the Pontiac. The Defendant, however, refused to sign over title to the vehicle. The car eat unueed. In the Fall of 1996, Wife was offered $1,500.00 by a co- worker to purchase the vehicle. The car continued to eit unused. Although Wife did not need or want the vehicle in her poseeseion, Wife incurred over $500.00 in repair coete to maintain the vehicle eubeequent to Husband's refueals to liquidate the vehicle. (12) ProDosed Resolution of the Economic Issuesl Defendant euggeete an overall division of the marital assets as followe. PrQD8rtv value IWsI Eecrow $29,766.35 Interest 1,413.90 Pereonalty (H) 5,492.00 Personalty (W) 528.00 528.00 Pension (H) 10,535.70 Pension (W) 10,500.00 10,500.00 1985 Pontiac 6000 2,000.00 Gune (H) 985.00 Gune (W) 240.00 240.00 Enga~ement Ring 150.00 150.00 Wedd ng Band (H) 75.00 Wedding Band (W) 75.00 75.00 Toole 300.00 Collectibles 100.00 Coneolidation Loan (10,000.00) Visa Gold (1,056.29) Amway Visa (471.90) Warde (250.73) Seare (133.62) Roy Gottehall (55.00) Intereet paid 12.500.00\ --- 47,693.41 11,m.OO Total Assets $ 47,693.41 Proposed SO/50 Distribution x 50' Each Party's Share $23,846.70 Assets Currently in Defendant's Possession Less Defendant's Share Transfer Amount from Defendant to Plaintiff 36,200.41 -23.846.70 $12,353.71 $11,493.00 +12.353.71 $23,846.71 $12,353.71 500.00 12,853.71 Assets Currently in Plaintiff's Possession Transfer Amount from Defendant to Plaintiff Plaintiff's Share Transfer Amount from Defendant to Plaintiff Reimbursement for Car Repairs Total Transfer Amount to Plaintiff g- 29,766.35 1,413.90 5,492.00 --- 10,535.70 2,000.00 985.00 --- 75.00 300.00 100.00 (10,000.00) (1,056.29) (471.90) (250.73) (133.62) (55.00) 12.500.00\ 36,200.41 02'13,08 11.11 FAl /),J/) n-BI ~~OOl 7'7?A.~4~(O~1{ -~..~ :~5.-'.-~A A~:~4~" ?2.T~nD S "2.37 87 .. ,., (, 3- L\-:;)'41 . ...be CGUrt 01 ConuaOll ..... 01 CUIIIIULANP COUll", ......'1...1. .....1 'aa: Plllnllff N.m.: Dlr.ndalll Name: ~I Numblr. 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The mother of the children Is Margaret E, Kulll, currently residing at 141 E, Main Street, Walnut Bottom, I'A. She Is unmarried. The father of the children Is Richard L, Bouder, currently residing at 41 S Pinedale Road, Carlisle, I'A. He Is unmarried. S, The relationship of petitioner to the children Is that of mother, The petitioner currently resides with the following Ilersons: NJuw: Relationship Randy Singleton Significant Other Austin Jumper Son of Randy Singleton Christopher Hummel Bouder (1/2 time) Son Lauren Elizabeth Bouder (112 time) Daughter 6. The relationship of respondent to the children Is that of father, The respondent currently resides with the following persons: Nams: Relationship Christopher Hummel Bouder (1/2 time) Son Lauren Elizabeth Bouder (1/2 time) Daughter 7, Petitioner has no Information of a custody proceeding concerning the children pending In a court of this Commonwealth, Petitioner does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children, 8. The best Interest and permanent welfare of the children will be served by granting the relief requested because: a) Petitioner can provide the children with a consistent home with adequate moral. emotional and physical surroundings as required to meet the children's needs; b) Petitioner Is willing to accept primary custody of the children; c) Petitioner continues to exercise parental duties and enJoys the love and affection of the children, 9, Each parent whose parental rights to the children have not been terminated and the person who has partial physical custody of the children have been named as parties to this action, All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to Intervene: Nams: Address Basis of Claim NONE .... (~ ,.': U,l:l {' ,: lr ~ c.;J: (ii. - I l:L,'1 .. .. u In . p'; .- " .. - , I, " '" C\1 . , ,- , , ", ,".'/ "L ("'~ l.n ., ') 'J MARGARET E. KULP, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-1B1 CIVIL TERM CIVIL ACTION.LAW IN DIVORCE/CUSTODY RICHARD L. BOUDER, Defendant ORDER OF COURT AND NOW, this J:L day of f\.. 'r")\ , 199B, upon consideration of the attached petition, it Is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esquire, the conciliator, on the 4th floor of the Cumberland County Courthouse, Carlisle, Pennsylvania, on Wednesday, August 26, 199B at 6:30 a.m. At such conference, an effort will be made to resolve the Issues In dispute; or If this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order BY THE COURT, \ BY "~~~\~cllt~;~nf()~) \\'11-:-', YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OF 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 f/~I/Q~ - G"d Cc-f'/ ft':J'lltcl "c.) 1)./1'1 Sc'L.'i,zr~ r?/':Ul;t> - /l.X>.J,.C,..... mb',icc{,-./o /)/1'1 ibtl<kC f/J..,!9J' - (11''1 pl~ud...,/1,J /HI,! a,{",,! fr- Rtf.. -.- d' - i~1 ; I" ." 'Cl. -:.. \., {.~ :_; ~_1;'. l~.\ '-1.1- 0' , . i';! ; , ~1:~ - , J:.~ C."lt .(.n IJ I'. -.::"~ " .~ II " !"'.l(jj (1: : .~ 1.1. " .;.... .-"; II, "u ::) u cr\ U --..~.. .......:...-...... '"'11~ --...............""...........~'":...:. '~" ","'T"WItr.'IlIo:.~~_ .~0'Il..:""'. "'-".~l~.,,_.._..,. ..~......,""'_ , ,.......,. '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'l'Y, PENNSYLVANIA ELLEN BOUDER, Plaintitt v. CIVIL ACTION - LAW IN CUSTODY RICHARD L. BOUDER, Defendant NO. 96-181 CIVIL TERM ORDIlR or COURT AND NOW, this dl~ day of &tfM.<1A ' , 1996, upon agreement of the parties, the fOllowing Order is hereby entered: The parties are the natural parents of the two minor children, Christopher H. Bouder, born May 1, 1990, and Lauren E. Bouder, born July 8, 1995. 1. The parties shall share legal and physical custody of the minor children, Christopher H. Bouder, born May 1, 1990, and Lauren E. Bouder, born July 8, 1995. 2. The physical custody of the minor children shall alternate daily between the parties. The times and place. for exc~nge to be mutually agreed upon by the partie.. 3. The Father shall enjoy up to four (4) weeks of vacation with the children. ThoBe weeks shall not be taken consecutively, and he will provrde mother with thirty (30) days advance notice. 4. The Mother shall enjoy up to four (4) weeks of vacation with the children. Those weeks shall not be taken consecutively, and she will provide father with thirty (30) days advance notice. 5. The parties shall alternate the major holidays, those holidays being defined as Easter, Memorial Day, July 4th, Labor C'.- _._~....... "F~XIl1BIT A" . .~~., ..._-~..................;,,_. . ""-._... T . _.....~ ...........,~..:-;;;~,~:..":.:. '_. ".. -...~.-:.l.'".:.~_~ Cay and Thank.giving, the time. to be a. agreed upon by the parties. 6. The parties shall share the Christmas HOliday. The Christmas Holiday shall be split into two (2) segments. Segment 'A' shall occur trom December 23 at 12:00 p.m. until December 25 at 12:00 p.m. Sagment 'S" shall occur from December 25 at 12:00 p.m. until December 27 at 12:00 p.m. In 1996 and all even numbered years thereatter, Father shall have segment "A", while Mother shall have segment'S". In 1997 and all odd numbered years thereafter, Mother shall have segment "A", while Father shall have segment "B". 7. Father shall have the children on Father's Day and Mother shall have the children on Mother's Day. 8. The parties agree that either Father's mother or Mother's mother will continue to provide the child care tor the children, and that all exchanges ot custody will occur at either of those residences, unless otherwise mutually agreed upon by the par.'-ies. 9. During all periods ot partial custody exercised by the Defendant, the children shall not be left in the presence ot Donald RUdy without Detsndant being present. Under no circumstance. shall tho children be in the same location with Donald Rudy without Detendant. Furthermore, the children shall not reside in the same dwelling as Donald Rudy at any time, with or without Detendant. IN WITNESS WHEREOF, the day and year first written above, c.- ....... ......M.. ,... ,.. '-, II: <, \'. .... I,' . ,. IJ , , , f. ., " " ('. ' :' II ~ ' - , , t.. , ! I", , .' "' ~ l<, " - ,.: , L, U ffi '" ffi 15 t> :z: ~ .. u VI ;; e ... ~ ~ ~ ~ ~ u .. a iii! ~ ~ 7, ~ -< ~ ~ ~ lQ ii ffi ~ iii! " iii lQ .. 0 u . . . .. AUG 1 9 1998 't' , . \" " ~.