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HomeMy WebLinkAbout01-05447 - _~z ~; , f OF CUMBERLAND COUNTY STATE OF PENNA. PAUL S. BOLLES, ~, PLAINTIFF VERSUS DOLORES L. BOLLES, DEFENDANT N O. 2001-5447 CIVIL DEGREE IN DIVORCE ,~~ `~ ~: aop.M. AND NOW, ~ O , IT IS ORDERED AND DECREED THAT AND PAUL S. BOLLES DOLORES L. BOLLES ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; THE PARTIES MARITAL SETTLEMENT AGREEMENT DATED DECEMBER 28, 2001 IS INCORPORATED HEREIN AS A FINAL ORDER OF COURT. ATTEST: J PROTHONOTARY ~~ I e PAUL S. BOLLES, Plaintiff v. DOLORES L. BOLLES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5447 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ ~ day of ~~ih^'-~'~~ , 2001, by and between Dolores L. Bolles, hereinafter referred to as "Wife",and Paul S. Bolles, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, the parties are Husband and Wife who were married on November 29, 1985, and have been separated since October 1, 2001; and, WHEREAS, Husband has instituted divorce proceedings in the Court of Common Pleas of Cumberland County to No. 2001-5447 Civil Term by Complaint filed on September 18, 2001; and, WHEREAS, the parties executed an Antenuptial Agreement dated November 26, 1985, which has been attached hereto and marked as "Exhibit A." The parties agree that the terms of this Marital Settlement Agreement shall be the parties final agreement, and to the extent the terms of the Antenuptial Agreement and the within Marital Settlement Agreement conflict, it is the parties intention that the terms of the within Marital Settlement Agreement shall control; and, 1 f WHEREAS, diverse unhappy differences, disputes and difFiculties have arisen between the parties and the parties have decided that their marriage is irretrievably broken, and it is the intention of the parties to live separate and apart for the rest of their natural lives. The parties are therefore desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation: the ownership and equitable distribution of all property owned by the parties; and the settling of all related economic claims including but not limited to spousal support, alimony and alimony pendente liter and in general the settling of any and all claims or possible claims of one against the other or against their respective estates; and, WHEREAS, each party is fully familiar with the all of the property owned by the parties and each party acknowledges having sufficient opportunity to investigate and evaluate the property owned by the parties, and both parties now desire to settle and determine his and her property rights, and claims under the Divorce Code. NOW, THEREFORE, inconsideration of the mutual promises hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, the parties, intending to be legally bound hereby, do covenant and agree as follows: 1. DIVORCE The parties agree to the entry of a Decree in Divorce pursuant to Section 3301(c) of the Divorce Code. Both parties shall execute and file the requisite Consents and Waivers with the Court contemporaneously with the execution of this Agreement. Wife's 2 I i ,~ r counsel shall withdraw Wife's claim for economic relief. Husband's attorney shall file the Praecipe to Transmit the record and obtain a Decree in Divorce without delay. Should either party do anything to delay or deny the entry of such a Decree, or fail to do anything required to obtain the Divorce Decree in breach of this Agreement, the other party may, at his or her option, declare this Agreement null and void. 2. INCORPORATION BUT NOT MERGER INTO DIVORCE DECREE This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. No Court may change the terms of this Agreement, and it shall be binding and inclusive upon the parties. An action may be brought at law, in equity or pursuant to the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife. In the event of a reconciliation, attempted reconciliation or other cohabitation of the parties hereto after the date of this Agreement, this Agreement shall remain in full force and effect in the absence of a written agreement signed by the parties expressly stating that this Agreement has been revoked or modified. 3. ADVICE OF COUNSEL Wife is represented by Marylou Mattas, Esquire, who is her separate legal counsel and she has been advised of her respective rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support. Husband is represented by Michael A. Scherer, Esquire, who is his separate legal counsel and he has been advised of his respective rights, 3 privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support. Husband and Wife acknowledge that each of them has read this Agreement and understands his and her rights and responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act, being apprised of its consequences. 4. TANGIBLE PERSONAL PROPERTY The parties motor vehicles are separately titled, and each party shall keep their respective vehicle(s) as their own. Wfe has numerous items of personal property, including furniture, located at the marital residence, which she shall be entitled to remove from the marital residence and keep as her own separate property. Aside from the foregoing, the parties have divided between them to their mutual satisfaction all items of tangible personal property which had heretofore been used by them in common and neither party shall make any claim to such property in the possession of the other. 5. OTHER PROPERTY DISTRIBUTION PROVISIONS A. REAL ESTATE The marital residence is located at 46 Mt. Rock Road, Newville, Pennsylvania. The marital residence shall be listed for sale immediately with a licensed realtor. Neither party shall reside in the marital residence after December 31, 2001. The parties shall share equally the exp nses for insurance, taxes and maintenance beiwoy.~ `tine {tma 48u.~ Y~ p~fieS have. moved. '(kna vn~r i~1 r~i~~o ~cQ t-o °f.6~ {iarie. cf pig settlement. After the customary charges are paid at settlement, the parties shall divide equally the proceeds and each party shall be entitled to keep as their separate property one-half of such proceeds. 4 ii B. WAIVER OF RETIREMENT BENEFITS: Each party hereby expressly waives any right to claim any pension/profit sharing/retirement rights of the other, vested or contingent, each party to retain full ownership of such rights as his or her sole and separate property. Husband waives any ownership interest he may have gained in any retirement benefits or accounts in Wife's name, including Creft TIAA 401 K. Wfe waives any ownership interest she may have gained in any retirement benefits or accounts in Husband's name, including his Vanguard 401 K. C. INTANGIBLE PERSONAL PROPERTY: Husband has paid Wife the sum of $4,019.00 relative to funds owed Wife. Aside from the foregoing, the parties have divided between them to their mutual satisfaction all intangible personal property consisting of cash, bank accounts, annuities, securities, insurance policies and all other such types of property. The parties hereby agree that all such intangible property presently in the possession of or titled in the name of Husband shall be his sole and separate property, and that in the possession or titled in the name of the Wife shall be her sole and separate property. 6. DEBTS AND OBLIGATIONS Except as herein otherwise provided, each party represents that she and he have not heretofore incurred or contracted any debt or liability or obligation for which the other may be held responsible or liable. Each party agrees to indemnify and hold harmless the other from and against all such debts, liabilities or obligations of any kind which may have heretofore been incurred between them, except the obligations arising out of this Agreement. 5 7. INDEMNIFICATION Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep each other indemnified against all debts, charges, or liabilities incurred by the other after the execution of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and neither of them shall hereafter incur any liability whatsoever for which the Estate of the other may be liable. Each party further agrees to indemnify and save and hold harmless the other from any and all liabilities he or she may incur upon the obligations of or assumed by the other, which indemnification as to all provisions of this Agreement shall include the right to recover out of pocket expenses and reasonable attorney's fees actually incurred. 8. EQUITABLE AGREEMENT Both parties agree that the hereinabove set forth Agreement constitutes an equitable distribution of their marital property and eq uitable resolution of all other economic claims pursuant to the provisions of the Divorce Code and each party irrevocably waives, releases, and remises any claim to ownership of or interest in any property designated as the property of the other by virtue of the provisions of this Agreement except as otherwise may be provided pursuant to the provisions of this Agreement. 6 9. MUTUAL RELEASES Husband and Wife do hereby mutually release, remise, quitclaim and forever discharge the other and the estate of the other from any and all claims either party has now, ever may have or can at any time have against the other or the other party's estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the other party, arising byway of widower's right or under the Intestate Law, arising by any right to take against the Will of the other party, arising out of the Divorce Code, Act No. 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support or arising from anything of any nature whatsoever, excepting only those rights accorded to the parties under this Agreement. 10. BREACH If either party to this Agreement resorts to a lawsuit or other legal action pursuant to the provisions of the Divorce Code or otherwise to enforce the provisions of this Agreement, the successful party shall be entitled to recover his or her reasonable attorney fees, actually incurred, from the other as part of the judgment entered in such legal action, whether in law, in equity, pursuant to the provisions of the Divorce Code or otherwise as the same shall be determined by the Court. 11. COMPLETE DISCLOSURE The parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and 7 income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 12. ENTIRE AGREEMENT This Agreement constitutes the entire understanding of the parties. There are no covenants, conditions, representations or agreements, written or oral, of any nature whatsoever, other than those herein contained. 13. MODIFICATION This Agreement is subject to modification only by a subsequent legal writing signed by both parties. It shall be construed according to the laws of the Commonwealth of Pennsylvania. 14. AGREEMENT BINDING ON HEIRS This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 15. CgNTRACT INTERPRETATION For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was drafted and prepared jointly by their respective counsel. 16. SEVERABILITY AND INDEPENDENT COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void 8 or invalid in law or otherwise, 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 and effect. 17. COSTS AND ATTORNEYS' FEES Neither party shall reimburse the other for any court costs or filing fees associated with this case, and each party shall be responsible to pay his or her own attorneys' fees. 18. LAW AND JURISDICTION APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 19. OTHER DOCUMENTATION The parties agree that they shall within ten days of the date of this Agreement execute any and all written instruments or documents required to effectuate the terms of this Agreement. 20. WAIVER OF ALIMONY Husband and Wife do hereby waive, release and give up any rights which either of them may have against the other to receive alimony, alimony pendente lite or spousal support. WITNESS: ~/(~-~- Paul S. olles Dolores L. Bolles mas.d it/domestic/bo I les2.ag r II - --~-- AIVTENUPTIAL AGREEM1iNT N6 This Agreement is made by and between Paul S. Bolles, of 1~Boz /jtt3, NewvUle, Cumberland County, Pennsylvania, and Dolores L. Chestnut, of the Borough of Newville, Cumberland County, Pennsylvania, in contemplation and consideration of their forthcoming marriage. WHBRBAS, the parties to this Agreement intend and desire to define - that property which each party brings to the marriage, to the end that such property will be designated and set apart as the sole and separate property of the respective parties, ar otherwise allocated or eventually distributed as set forth hereafter; and WHEREAS, both parties to this Agreement have made to each other a fu!! and complete disclosure of the nature, eztent and probable value of a!1 of their property, estate and ezpectancy, with inventories evidencing such disclosure being attached.to this Agreement as as ezhibit; and WHEREAS, the parties to this Agreement desire that neither of them shall be responsible for the debts d' the other, whether debts which might have accumulated to the time of the signing cl' this Agreement or which may be contracted hereafter, unless both parties have ezpressty agreed to assume the same; NOW THERfiFORB, intending to be legally bound, the parties~do hereby mutually agree and stipulate as follows: i. Should the dwelling house belonging solety to Dolores L. Chestnut be sold, Dolores L. Chestnut shall, at the time of settlement for the sale of said house, pay to Paul S. Bolles the sum of Thirty'fhousand (130,000.00) Dollars (an amount equal to half of the purchase price paid for his separate dwelling house by Paul S. Bolles) in cash, said sum to become the sole and separate property of Paul S. Bodes. At the time said payment is made to Faui S. Bolles, Faul S. Bolles shall transfer title to said separate dwelling house (situate in West Pennsboro Township,,Cumberland County, Pennsylvania and having the address of R.D. 4, Boz 73, Newville, Pennsylvania 1724!) into joist names with Dolores L. Chestnut, as tenants by the entireties. 2. Upon the receipt of the said Thirty Thousand (=30,000.00) by Paul S. Bolles from Dolores L. Chestnut, the parties shall then be deemed to agree that should their contemplated marriage ever terminate in divorce, the dweIDng house presentty the sole and separate property of Paul S. Bolles at RD.4, Boz 73, Newville, Pennsylvania (which shall by then 6e the joint property of the parties as set forth in Paragraph 1 above), shall be sold at a ~~F~-IIBIT A~~ .. ,, _ .., h U Y ~(,i~. `JYlE'~Pbl.[il[' VCK~EWF.Y;1 price which shall be determined by a written appraisal by a qualified real estate appraiser selected by mutual agreement of the parties, who shall share equally the ezpease o[ said appraisal, sad the net proceeds attar the payment of any liens and the customary closing costs shall be divided evenly between the parties. 3. As long as the parties live together as husband and wife, wherever that may be, Way shall share household ezpenses and the maintenance of thew dwelling as they may from time to time agree. 4. Other thaw as provided by the terms of this Agreement, the patt[es desire Wat all property presently owned by either of Wem or acquired by either of them hereafter of whatsoever nature and wheresoever [orated and all income derived therefrom and all increases in We value thereof, shall be sad remain their respective separate property. The parties agree that in no time during their relationship shall there be any transmutation of any of their separate property interests into jointy owned property, ezcept onty by as ezpresa written agreement. The following events shall, under no circumstances, be evidence of any intention be either party of an agreement between the parties to transmute their separate property interests into jointty owned property or to transmute their separate income into joint income: a. The filing of joint taz returns; b. The designation by one party of the other as a benefiaary of his or her estate; c. The co-mingl[ag by one party of his or her separate funds or property with jointly owned funds or property or with the separate funds or property of the other party; d. Aay oral statement by either party; e. Any written statement by either party older than We ezpresa written agreement of tranamutatioa; f. The payment from jointy held funds of any separate obligation, including but not limited to We payment of mortgage, interest or real property fazes oa a separatety owned residenx or other aeparatety owned real estate oc personal property; or g. The joint occupation of a separately owned or leased reaideaoe. 5• Both parties agree that they have read this Agreement and had its provisions explained to them by counsel of their choice, U any, and Wat they understand its legal meaning and consequences. 6. Both parties to this Agreement covenant and agree that Way shall willingly, at the request c!' the older party, ar his or or auoceasora a 2 :yz, .... -. assigns, execute, deliver and property aclcaat/tedge whatever addIttoaat insttuments may be required to carry out the InteatIoa o[ thi: Agceeateat, and shall execute, deliver and property acknowledge any deeds or other documents in order to effectuate this Agreement. 7. Phis Agraeeent L entered into in coasideratiesi of aurlsge. snd its eftectlveness Is espresaly oonditlioaed oa such ^urla~e; U, [or say reason. the atarriage does not fate placa, this Atreetaent vttl be o[ no [ors a effect. Dated this, the 2G~day of Novemb , 1985, at~2Carlisle, Pennsylvania. ICJ Paul S. lies Dolores L. Chestnut COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND Oa the a~ day al' November, 1985, before me, the subscribed, a Netary Public for the Commonwealth of Pennsylvania, residing is the County of Cumberland, personally appeared the above-named Paul S. Bolles sad Dolores L. Chestnut, personally l;nowa to me or otherwise satisfactorily identified, and in due form ci' law, acJutowledged the above Agreement to be their act sad deed, and desired the same might be recorded as such. JANICL' E. AFPTZLER, "a?hry FU F C Cumtata^uCcr;~ C":~-'i"27.1407 MY Con:cassion E:"via Sz^•ttycY 3 ,~: ~ - _ ; ~~~ ~ 1 . f,,~'-. ~'{q,}tit a ~,. '~ 1I~ `j fY~~~Yj F' ¢ t I t~ T '. • ~ ~ 1 t - - i / ~yf i} ,~.Si u'~5 fni~ Y X354 ~lI ~ 0.i --, f`} C ! r \ 'Y .fl. ~ i H l S.. ( 1 Sy q' ,elf 5 ' A`". 1''s.E+"$'~j, 4 ~;vh .,{' 't*~ 'fr i jy ° X i ~f t ~' ~n ~t -. r .s ~4¢k C 3 .~~~z ~ ea . ~''P \ fr#' i t~ AtL~~~~~ L' ~' ~ ~ h~a ~ r , t \ . k 3` k ,~9,ylvVl~ i T 'w + ~~f cr,p ~ 4 i r n ~F .' -'` P..~~'3 S4~W~~~f/3«f i. Y~? ti i, i _ A t}:c x-i:. j ~ r '~ ~' r, t n ("~ a,w, 1 !. w + !. Ay„ n:sa- Ww~{V. ~,y, ti~ ~ ' r,~"' g.,,~, < ~ ~s-,5% q ~iyM"~i.r 'f, ~,,~ t e,F ' ~ t,~k '~d r U`, +f ~ f f ~*` ~t'V- A ~' Se. i S'~`e al"c. t. f r r.s a a 4 ~! 3 TSle~ ~ j ~ !( s +x ` * ti ~ v r N Y +""' *N i f ~ i. ~ ~. rf 4v d ~-a:, .f~.y".`,( ~ ~ '; -. l.~ 2 ~ )"~y`,~~°y~ ti: F~' f X ~.' ! f ~s ~ tZi M. ..t.c¢ .c„ t wr ,r si:~~ ~, M l r'~ y ~ W ~ m - wO ~¢ r,o- cn z w ~ ~~ ~d ~~m ~¢~. a `~ ~ ~ ~x z~z 3x~ o H ~ ~z ova ~u~ w¢ ~.' f °~3 5..$y r.4 ao Q ~ t ~ ~ _ ~ A ~f ~ ~ x ~{ Y Jo ~ ryy5 'ts,~ < ,~ K' G 4 t ` Y, cJ. ,. ~'gLF i~jl~`i ~i L .~.'ti'}t. ~ - Fyi~ A..~'` ~ _ %r.A, $ k~ ~r~#1 1Y~ ~k ~ q~.?lf x^rt. ~'''~b#` M~ s ~'~ ~k ~,f .s ~ "p' '." f ';- l Yt` ` ,s :~. a ,~ { 'eT ~ y 14 ~~M h'°_ ~ iY±'~'p~}~f~h i ~ ~~,,. Y1~ F, l I } I i~ ~ r5 _'. y' .~ A i T ~ s~d } ~ .''fix i 2 )Yl Ftmiyd u i1 • a ~t~ .. , ,. ..~ ~- :^. ,.: .. ~.~.r '- f - ' i~5~~'..'.,«._iw~taxaaw53.xm€Y~l'~:A~uPe, ~ ~ ~u.~a 3.-le~. ~nswt~tv~~a~lirt~omma~a~vL~mwe~~aMbYt[Yifi ~ C7 rte, ~~ C_~ .~ ti ,~ =s t~-1 n %'~ J [ i~ t .T..~ +' C 3~ .-~.~n, - ~l fi ,C-,,, = ."~Pi ~; :. =3 . r ~ ~ ~ ,,_ ~. 7 ~ '~'~ C ~ ~ t"i'~ W ~ PAUL S. BOLLES, v. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA DOLORES L. BOLLES, Defendant NO. 2001-5447 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: Ground for divorce: irretrievable breakdown under Section 3301 (c) of the divorce code. 2. Date and manner of service of the complaint: Service on the Defendant via certified mail, restricted delivery on September 19, 2001. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required under Section 3301 (c) of the divorce code: by the plaintiff December 28.2001 ; by the defendant March 20.2002 (b) (1) Date of execution ofthe plaintiffs affidavit required by Section 3301(d) of the divorce code N/A (2) Date of service of the plaintiffs affidavit upon the defendant 4. Related claims pending NONE 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiffs waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: January 4. 2002 Date defendant's waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: March 28. 2002 !~,L~~~c ill c ae~A-Scherer, Esquire Attorney for Plaintiff, Paul S. Bolles ft fl ?s3id3atrnsuc~y~anNC:ra3i3nsa~r sw :.:,..:ea a w.,_:ur.~ai~mu~aY~a~ati _ _ =".'dam n ~ 7V ~ .~ S; ~T =~~'j'T'~ i ~\q~ p ` ~ .y ~.;~ \ \ ` vv Yi~ c, w ~r~, ma '~ ~ ~ i PAUL S. BOLLES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. DOLORES L. BOLLES, Defendant NO. 2001- ~v~7 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE NOTICE TO DEFEND 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 Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 ..ii .. v. PAUL S. BOLLES, DOLORES L. BOLLES, Defendant Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN DIVORCE COMPLAINT UNDER SECTIONS 3301(Cl AND 3301(D1 OF THE DIVORCE CODE NO.2001- 5Lf y'~ CIVIL TERM 1. Plaintiff is Paul S. Bolles, an adult individual who currently resides at 46 Mt. Rock Road, Newville, Cumberland County, Pennsylvania. 2. Defendant is Dolores L. Bolles, an adult individual who currently resides at 46 Mt. Rock Road, Newville, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 29, 1985, in 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 advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the court to enter a decree of divorce. I~ ~. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. Respectfully submitted, O'BRIEN, BARK & SCHERER .~ Michael A. Schere ,Esquire I.D.# 61974 17 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff, Paul S. Bolles mas.dir/domestic/divorcelbolles.com II 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. § 4904, relating to unsworn falsification to authorities. Date: /7 ^l~ bl ~~ P I S. Bolles .~~~ ....^ - '"'Ftld ._ .; p~~i~.=:.r::`.nr ,.,,.~ nrx9 xxu~,munuetraruurx P d ~. ~ t ~, 1 ~~ ~ ^ PP ((~~,t~ `v ~ ~h `~ V i ~~ nn N `~1 `.1 _°p f; ~_ .,__ ~. ,~+._ ~n T ' r ~ .f ~ `r. ~~ l + i .. ~ 1 v.. y G Y r~7 ~ PAUL S. BOLLES, v. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA DOLORES L. BOLLES, Defendant NO. 2001-5447 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE CERTIFICATE OF SERVICE I, Michael A. Scherer, Esquire, attorney for the Plaintiff in the above-captioned divorce action, do hereby certify that I served a certified copy of the Complaint in Divorce to the Defendant, as per the attached U.S. Postal Service Certified Mail, return receipt card. O'BRIEN, BARK & SCHERER ichael A. Scherer, Esquire DATE: April 1, 2002 ~ Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your'riame ahd address on the reverse so that we can return the card to you. ^ Attach this card to the back of the maflpiece, or on the front if space permits. - 1. Article Addressed to: ~Olor>/s L; ~oiR rvtl-. Ko ~~tuvill~> ~p ~7a~=o r A. C. by ^ Agent D. Is delivery atldress different from item 14 ~ No ' If YES, enter delive address below: - t~~Cver to addressee one 3. rvice Type Certified Mail ^ Express Mail 4 Registered ^ Return Receipt for Merchandise _ ^ Insured Mail ^ C.O.D. 4. Restdcied Delivery? (Extra fee) Yes - v ..+- P6 Form 3817 , JuIY 1999 _ Domestic Return Receipt a~2w~u~+&,~,a~~~.u ~saura~an~~tan~a3~i ~rA ~Xn tlY~IY`6nM1WIY ~-'- n ~'" ~ m ~; ` v ~-~, ~~ ~ x 5s~~? ;,fig ~~ `~ C~ ~ c~ ~ ~ W ?_ i7 ~~ ~3 a ~ ~ . . PAUL S. BOLLES, Plaintiff V. DOLORES L. BOLLES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5447 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE Of INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3307(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on September 18, 2001. 2. The marriage of the Plaintiff and Defendant is 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 in divorce without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 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. 6. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 1 verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: l ~ ` ~ ~ `~1 r ~° ~~ Pa I S. Bolles ~~ ~ 4 ~ k C> ~y ~ ~ti> ~=.-1 'T7:.~' _ _ ~ ~-~ rnr" ~ ~.- .. I r ~' 'T . G7 ~ ~- .. i r'+ ~'~. ~a ° 4 _ Fr -:~ ~; ~: ~ ~._ ~ T ' __ t ~ -G WSJ Rl~/ Y ,L ~ PAUL S. BOLLES, Plaintiff V. DOLORES L. BOLLES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5447 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(G) of the Divorce Code was filed on September 18, 2001. 2. Defendant acknowledges receipt and accepts service of the Complaint on September 19, 2001. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. i do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: `'J~Z~~O Z ~~~ ~. ~~~ Dolores L. Bolles ~~ . ,._.. „9~m'tr`~`ra~WU&i9Hk =_.. ~v41x<i:xt~x .. yaosv„~trra~aams~o~.~ina' 7 9~ 4 ~% r ~_. ._r; f ; ', i ~ }' . .. _.J ~'. PAUL S. BOLLES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. DOLORES L. BOLLES, Defendant CIVIL ACTION -LAW NO. 2001-5447 CIVIL TERM IN DIVORCE NOTICE TO PLEAD You are hereby notified to file a written response to the within Answer and Counterclaim within twenty days (20) days from service hereof or a judgment may be entered against you. ...~. PAUL S. BOLLES, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW DOLORES L. BOLLES, NO. 2001-5447 CIVIL TERM Defendant IN DIVORCE ANSWER AND COUNTERCLAIM 1. - 8. Admitted. COUNTERCLAIM COUNT II 9. Paragraphs 1 through 8 are incorporated herein by reference as if set forth in their full text. 10. Plaintiff has committed such indignities upon the person of the Defendant, the innocent injured spouse, as to make her condition intolerable and life burdensome. WHEREFORE, Defendant requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (a) (6). COUNT III ALIMONY, ALIMONY PENDENTE LITE. AND COUNSEL FEES 11. Paragraphs 1 through 10 are incorporated herein by reference as if set forth in their full text. 12. Defendant is unable to provide of, or afford her counsel fees, expenses and costs during the pendency of this divorce action, and through its resolution. 13. Defendant is without sufficient property and otherwise unable to fmancially support herself through appropriate employment. 14. Plaintiff is presently retired and receiving a substantial income and benefits and is able to pay for counsel fees, expenses, and costs, as well as alimony, and alimony pendente lite for the Defendant. WHEREFORE, Defendant requests your Honorable Court to enter an Order requiring Plaintiff to pay for Defendant's counsel fees, expenses, and costs as well as providing for payment of an appropriate alimony and alimony pendente lite to Defendant . COUNT IV EQUITABLE DISTRIBUTION 15. Paragraphs 1 through 14 are incorporated herein by reference as if set forth in their full text. 16. Defendant and Plaintiff are joint owners of various items of personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 17. Defendant and Plaintiff are joint owners of real estate located in Cumberland County, which was acquired during their marriage and which is subject to equitable distribution. 18. Defendant and Plaintiff have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, Defendant requests your Honorable Court to enter a decree equitably dividing the parties' property and equitable apportioning the debts incurred by the parties. Respectfully submitted, r/ l~~%G.t. /V IL~ Marylo~la~as, Esquires Attorney fo efendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: q - o~ to ' O / ~4 ~diee/ cif . ,~a~Qyoi DOLORES L. BOLLES, Defendant ~'+yWtca BkS~z,:+ear=e~_w wEw .~*a4~rg+a ta~~e ~e.u-b,a. ,. ~,.:L, „~:,ae.z-:-~aam4tase,a~&~~««rKeaa~rwae€31'~!iw~avn6~z~ ~:::: _; r L ~, f ~ • ~ _ , ''`` 0 1 \ ~ ~ r ~ 'r, Q ~. ~ - ' -~ a,,