Divorce - Schmidt, Carolyn J_3/30/2012i .
STATE OF INbTANA
COUNTY OF PIKF
)
) SS:
)
1N 12E TI-ffi MA1tRIAGE OF:
CARO'LYN 7. FUCI�iS,
Yeririoner,
0
7ERRY A. rCJCHS,
Respondent.
)
)
)
)
)
)
)
)
It�T THE PIICB CIRCUIT COUI2T N0. 1
2012 TERM
CALTSE N0: 63C01-1005-DR-00194
ll�'CRE� OF RLSTORATION OF BIRTH NAME
(Order For December 12, 2011)
Comes now the Petitioner, Cazolyn J. FuChs, in person and by counsel, S. Anthony Long,
T.ong & Mathies Law Firm, P.C„ and comes now the Respondent, Jerry A. Puchs, in persoa and by
counsel, Vai J, Fleig, ihis being the day and hour set for l�inal Hearin� in this matter.
The matter now oomin� before the Court and the Court being d�xly advised in the premises
now finds it has jurisdiotion of tha parties and the subject matter herein by virtue of the following:
THL COURT, having reviewed the evidence inthe form of the waivet herein, and being duly
aad sufficiendy ad'vised in the gremises, now finds as follows;
R�STORATTQN OF WTFT�'S FORMI',R NAIVi�
Thewi'fe requesu, and should have restored to her, her birth name of Cazolyn 7oyce Sclunidt.
IT IS THEF2�T�'ORE ORll�RED, .Al)d'UDGED ANll DEC1t�ED by the Court that the
wife's birth nazae of Cuolyn Joyce Schmidt be and �he same is aow hereby restored to her.
�Dated this a O day of January, 2012.
�
ti�
�qR�
`
/'.
c, c� �Z��1
eso
��o
�N�,
A�0
9Z/L0 �dd �R
l
Page 1 of 2
3�I.�jO MC�
EL8Bb9EZT8 iL:OS ZiA7./97./LG
,
STATE OF II�TD'lANA
COUNTI' OF PIKB
)
) SS:
)
II`112Ti THE MARRIAGE OF:
CAItOLYN 7. FLiCHS,
PeliNouer,
AND
rERRY A.1�TJ'CHS,
Raspondent.
)
)
)
)
)
)
)
)
1N THE PII{l's CIRCUIT COURT
�U12 TE12M
CAUSE NO: 63C01-1005-DR-00194
H`Ci�TAL DL'C12�E OF ll]SSOLTJ7'70N OF 1VIATt1tiAGL�'
(Order For bec�-mber 12, 2071)
Comes uow the Petitioner, Carolyn 7. Fliehs, in person and by counsel, S. Anthony T.ong,
Long & Mathies iaw Firm, l'.C., snd comos now the ltespondent, rerryA. blichs, in person and by
counsel, Val J. Fleig, this being the day and hour set for �inal Hearing in this matter,
Tha matter now comin� before tha Court ond th� Cowt�being duly advised in the preniises
aow fiads it has jurisdiction of tha parties and the subjeot matter herein by virtua of tha followin�;
PENV�NCY OF ACTTON
That this petltion has been filed and has been peading in this Court for more than sixry (60)
days and was properly uritiated by eervice of summons ou the respondent undar Trial Rule 4, with
proof of such service being filed heraarith and made a part hereof.
RESTb�]VCY
Tliat the requirament of residence in 1'ik� Cowity for moze than tluee (3) months and thc
State af Tndiana for more than six (6) monfhs by at least ona of thn paities prior to tUe filins of this
h�tition for Dissolutioa of Marriage in this oause l�as bec,-n met,
Pabc 1 �f 13
9L(G0 39dd 3�I.�aO Md"I EZ88bSELtB ii�0i ZiOL/9Z/TB
all obligations which each ofthe parties now hAS or mighc hereafter otherwiseluve towazd tl�e other;
and
Each of the perties fiu4her aclrnowledges that he or she hava had fuJl and adequete
opportunity to secure such le�a1 advice relativo to the malang of l•his a�reement as he or she wnuld
deem appropriata.
6. The Petitionershall bethe owner, subjactto tlieterms, conditions and enaunbrances,
herein contained, of tke real estate located at 12954 North State Road 61, Lyonville, Pika County,
IN 47619, consistiag of forty (40) acres, niare or less, and described as follows:
Southwesrt Quarter of the Southwest Quarter of Section Tweniy-two (22), Township
Threz (3) South, Ran�e Eight (8) West; containing 40 aeres mora or less.
Parcel Number: 63-13-22-300-017.000-007 • .
The Res�pondent shall be the owner of Ninety Perce�it (90%) of tha fuhtre advanced Royalty
Paymeats aud Ninety Percent (90%) of the Earned Royalty Payments, gubject to adjushnant for
Advance Roy�lry payments, vrhiel� zre dyrived from the production of coal from thc seams of coal
under said praperty and designated as the number six {� and sa�ven ('n seams, a!1 of which are a part
of a"Coal Miaing Lease Agreement" dated December 8, 20U7, between the parties hereto nnd
Lessez Carbon Energq Group, LLC, an Indiana Limited Liability Company and any groper assignee
thereof. The p¢rtizs each acirnowledge t6at each ptuty has a copy of said agreement and is familiar
thereWith. The Petitianer sha11 bo Yl�e owner of flie remaining Ten 1'ercent (10%) of the Earned
Royalty and futurn Advanced Royalty as above set forth.
Furthermora, fhe Itespondant shall ba the owner of Fifty Percent (50%) ot' the coal
compri�ing the seam oFcoal under said property and designated as the number five (5) seam, whiah
1'age 3 of 13
9ti/90 3�Jbd �'JIiiO Mdl EZ98b9EZL8 Ti:Bi ZTOLl9b/T0
the same hare�uidzr.
Lascly, should tlie 1'e'titionar sell the whola of said Pilte County real cs�tate on or before
December 12, 2016, shu shall pay to Respondent, at tha tuuz oPclosing ofsaid sale, a sum equal to
one-ha1F(%) of the amount har net selling pilce for said real eytate exoeeds Pour Huudred Sixty-Ni ne
ThousandDopais(�4b9,000.00), Providedhowever,shouldthaPeNtionersellaportionofsaidreal
estate, excluding the portion occupied by the marital resideuce and tlie two horse sheds set sside to
her hereunder aud up to f ve acres therewith, she slitill pay to Respondent, at tha time of closing of
said sale, a simz equal to one-half (%) of the amount her net selling pdcz for s�id re�l estate axceeds
Four Thousand bollais (��,000.00) per acre. � '
The Petitioner sliall be responsihla for, and tiold the kespondent harmIess on, the
indebtedness at Heritago Federal Credit Union that raight exist with regard to said premises a�id the
real estaie taxes on said property, excluding any that may have become due and were ordered
l�eretofore to be paid by flie Respondent Provided however, the Petitioner shall pay the aforesaEd
indebtedness to Herita�e Federa! Ci�dit U'aion as tha sama sliall beoome duo and, so lon� as the
Respondent is an�un released signatory/g�tarantor/parry thereto, she shall make no f'urther dtaWs
thereon. Lastly, the Respondent shail execute a proper Qpit Claim Deed in favor ofPetitioner in a
timely fashion upon bein� presented witli said deed through his attoraey.
7• The Petitioner shall be tha owner, subject to the terms, conditions and encunibrances,
hzrein contsiaed, of the real ea�ate located in Gibson County with frantaga an 1300 L"ast and C.R.
850 South, consisting ofninciy-fiveand 36/100 (95.36) acres, mora orless, and described asPollows:
The Southenst Quarter of the Southwest Queirte;, and the Southwest Quarter ot'the
Soufheast Qua�ter oY Sec4ioa 20, Township 3 South,l2ange 8 West, eontaining 80
Page 5 of 13
9i/80 39tld 3�I�'0 Mti'I ELBBb5ELT8 Ti:Bi LZ9Z/9Z/t0
removnl shall be done in a worltmanlike manner and ht shal! leave the pretnises in a presentable
condition. ltespondent shall assiune all risk of loss or daniage to the improvements set asida to hi3n
and Petitioner s�all hava no obligation to provide any insurance th�refor. The Respondent shall
remove the items set aside to hiin her�under. with eonsidentioa co the ongoing agiioultural
operations on said property. by ths PeHtioner and any tenont thereon.
8. 1fie PetiYioiier shall be the owner of the fractiouQl intzrest in real estate located iu
V✓�•rick County presently in her nttme consisting in total of eighty (80) acres, more or less, and
described as follows:
Tha Northeast Quarter of ihe Northeast Quarter of Section 11, in Township 4 South,
Range 6 'V'Jesf, and alsn;
The Southwest Quarter ofthe Northeast Quarter of Section 12, in Township 4 South,
Range 6 WesY;
consisting in sii Eighty (80) ocres, more or less, subject to all public lvghways aud
roads and easements of record.
9• The Respondent shall be the sole and exolasive owner of ail items of personal
property in his possessioa unless the sazne shall be set aside to the Petidoner he�ein.
10. The Pztitioner shall be tha sole and exclusiva owner of all itents of personal property
in h� possession unlass the same shall he set aside to the Respoadent her�in.
I 1. Tha Petitioner shall be the sole owner of �lie following• items �f persoaal property
currently in the possession of Rzspondeat;
John Deere Wai�erloo Boy 1/64 scale
Allis Chalmers'�,C/D45
Joha Deera Lamp �yifh shade
lohn Daere Round Clock (] Z tractors)
John Dee�•e 630 Wide front end tractor'
Jolm Deere Oval
lohn 17eere truck toy bank (meta! wheels)
Page 7 of 13
9i(0I 39tld 3�I��0 Mb� EL88b9ELT8 TI�OL ZiBL/9L/L0
. .�
(d) Tu Jerry A. Fuchs
(e)1'o Carolyn J. Fuchs
$1,055.94
$1,055.94
15. The Respondent shal! also be the sole and exclusive owner of the following:
TRA J'erry Fuche #X�C3C�3CC4G06 and #XXx'�['Xxxaas�
1'age 9 uP 13•
9S/LS 39dd 3JI�0 MtTI ELBBb4EZT8 LT:OL ZiOL/9L/L0
17• The Petitioaer shall also be d�e sole and exclusive owner of tho following;
18. L3ach of the parties shall bo tho owner of their respective bank accounfs now in their
individua] nFUVes.
19• '9VithregardtotheretirementtypnassetshereinthatmaysequiratransferbyQuelified
17omestic Reladons Orders, the Court shall entc�r such apprapriate Orders after the entry ofthe Final
Decree Of Dissolution Of Marriage herein, wirich said Orders shall be prepared by the counsel for
the parties herein by agreement oPthe same, or by designation of the Cotut with said counsal to said
so agree.
20• The Responde�it shaU be respottsible for his own iadividual debts now in his
individual name,
21 • The Yetitianer shall be rzsponsible for and pay her own individttal debts now in her
individual nam�,
22. Each party agrees to hold the other harmless from and to indemnify the other cgainst
any loss, daruages, expenses or liabilities including defibiency assessments, penrilties and int�rests
wluch the pariy may [nour, may liave hicurred or may becomn subjeet to by reason of any false,
Paga 11 of 13
9L/6I 39tid 3�Ii-10 Mdl eZ88bSEbTB Ti�OT ZSOL/9Z/i9
, ' '. -
�=-�-�-` �--�
- -�-�r�
� onorable loseph L. Verkamp, efzree
Pilce Clrcuit Court
S. Anthony T.ong, Bsquire A N
Attomey for Carolyn ). Fuchs
now Carolyn J. Schmidt
Cl:'71. Anth:M� Wa'Y1PMf0.Y I.�VMNarc;NU:ps Ccmlyn Mr�v 201LOI.cl.wp!
� /�
Val ], letg, Esquire Atty No. 6875-63
Attomey for 7eny A, Fuehs
paga 13 of 13
9T/9S 3�Jbd 3'JI��O Mt1l ELBBb9ELi8 LT:OL ZT6L/9Z/LF