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HomeMy WebLinkAbout09-8093Charmaine V. Bolinger N THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 09- Spq 3 CIVIL TERM Douglas E. Bolinger Defendant 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 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, Cumberland County Courthouse, 1 Courthouse Square, 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 TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 TNT nr.EJ?;?Y 2009 NoV 23 4? ?. 0 7 -,E-1 l- P. Charmaine V. Bolinger Plaintiff V. Douglas E. Bolinger Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 09- BOB CIVIL TERM IN DIVORCE PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Charmaine V. Bolinger, Plaintiff, to proceed in forma ap uperis. I, Jacqueline M. Verney, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. acq line M. Verney, Esquire Attorney for Plaintiff Law Office of Jacqueline M. Verney 44 S. Hanover Street Carlisle, PA 17013 (717) 243-9190 FILED-")FF CE THE PE?THONOTARY 2009 NOY 23 AM 8: Q 7 cuml P?i?i?;°t'lil"n.?+tfA ? Charmaine V. Bolinger IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 09- <03 CIVIL TERM Douglas E. Bolinger Defendant IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER §3301 (d) OF THE DIVORCE CODE 1. The parties to this action separated on and continued to live separate and apart for a period of two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of marital property, lawyer's fees, or expenses if I do not claim them before a Divorce is granted. I, ha wt, 1' in) r' , verify that the statements made in this Affidavit are true and correct to the st of my knowledge, information, and belief. I understand that false statements made herein are subject to the penalties for unsworn falsification to authorities as provided in 18 P.S. Section 4904. q-dy_Dq Date Plaintiff, Pro Se F TI-{c P ?, THO' OTAAY 2009 NOV 2 3 AM 8: 0 3 ?,'OUNT( PE NNgLVANiA Charmaine V. Bolinger Plaintiff V. Douglas E. Bolinger Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 09- 9(#3 IN DIVORCE CIVIL TERM NOTICE OF AVAILABILITY OF COUNSELING You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the Court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. OF ?-!E A C?^rQ7 Y 2009 NOV 23 A14 8: p 7 CUMcL r - i- .-FUN P£iV v`Sy? jrn It TY Charmaine V. Bolinger Plaintiff V. Douglas E. Bolinger Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 09- 8dq,3 CIVIL TERM IN DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that Plaintiff in the above matter filed a Complaint in Divorce filed on Charmaine Vogel Bolinger hereby intends to resume and hereafter use her previous name of Charmaine V. Werner and gives this written notice avowing her intention in accordance with the provisions of the Act of April 2,11980, P.L., 23 P.S. 02, effe ve July 1, 1980. (ICS X.G d a-?/11 b +n -BA Ch aine Vogel nger d hroroar I RJR C harmaine V. Werner COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS On this, the a0 _day of Aloe 1 ,2009, before me, the undersigned officer personally appeared C? ?re?Na lwe?! also known as c4r?+41M-L V Wer#vr known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ,Y,--L), EAL) Title of O ficer COMMONWEALTH OF PENNSYLVANIA NotwiN Seal Kathryn M. Huntzhm, Notary Public Carlisle Boro, Cumberland County My Commission Expires Feb. 21, 2013 Member, Pennsylvania Association of Notaries FILED-t?tF CE OF THE PROTHONOTARY 2009 NOV 23 AM 10 31 PENNSYLVANIA Cgd ,--?t 3 3 9-?- ' l'• Charmaine V. Bolinger IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA v. NO. 09- ~b q 3 CIVIL TERM Douglas E. Bolinger Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, ('i~Q ma~ne~l~erne~ ,being duly sworn according to law, depose and say that on Il~h~aN.mber ~`7~' ~b~q (Date of signing of the green card by spouse), I served a true and correct copy of the Divorce Complaint upon the Defendant, by Certified Mail, Restricted Deliver, addressed as follows: ©iX~~(1S C . ~O~ t' fY.l ~' ~-t ! I 1©a~~n n e ~-+~"- f `? ! ~ The Certified Mail Return Receipt Mailing Card ("Green Card"), for the foregoing is attached hereto and made a part hereof. Sworn to and subscribed before me a Notary Public in and for Cumberland County, Pe sy va is this =~ d~y of U~~%f~~-e-~ , 20~.. ature ~ ~ Printed Name COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL VALERIE F. GSELL, Notary Public Carlisle Boro., Cumberland County My Commission Expires October 9, 2010 NOTARY My~c~o~mmission expires: ~' ATTACH GREEN RETURN RECEIPT CARD HERE ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permfts. 1. Article Addressed to: pvv~la~ ~=. ~c~in~er ti (i ~ vvch~~ane /_~r, ~''arl i~,(c PA ~/ A. ~Ignature ` ^ Agent ^ Addressee B. Recei (Prints ame) C. Date of Delivery 4~rtJC~. F ni' lse~t~ r 1-'~'~-c7 D. Is delivery address different from item 1? ^ Yes If YES, enter delivery address below: ^ No 3. Service Type Certified Mail ^ Express Mail ^ Registered ^ Retum Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Article Number ~~(~(~ ao`Z5o Oda 8s?~/Cs ~ o~~ 1 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-o2-M-i5ao 'i~~~. 2Qu9 ~ t 3 ~0 fit L' ~F 7 c;.,,r r ,., f ~ ~ ` '; Sr T~, f~ CHARMAINE V. BOLINGER, IN THE COURT OF COMMON PLEA( S-7 n/k/a CHARMAINE CHAPOSKY CUMBERLAND COUNTY, PENNSYLL4NIF -a Plaintiffm , V. NO. 2009-8093 CIVIL TERM ' DOUGLAS E. BOLINGER, IN DIVORCE Defendant r PETITION TO ENFORCE MARITAL SEPARATION AGREEMENT 1. The plaintiff is Charmaine Chaposky (hereinafter "Chaposky"), an adult individual who resides at 1974 Fry Loop Avenue, Carlisle, Cumberland County, Pennsylvania. The plaintiff is represented in this matter by Michael A. Scherer, Esquire. 2. The defendant is Douglas Bollinger (hereinafter "Bolinger"), an adult individual who resides at 264 Red Tank Road, Boiling Springs, Cumberland County, Pennsylvania. The defendant is represented in this matter by Paul Edger, Esquire. 3. The parties were married on September 28, 2002. 4. The parties were divorced on April 6, 2010 by the Honorable Albert Masland of the Court of Common Pleas of Cumberland County. 5. Bolinger was represented in the divorce action by Nathan Wolf, Esquire. 6. Chaposky was not represented by counsel in the divorce action. 7. The parties signed a "Marital Separation Agreement" (hereinafter "Agreement") dated August 11, 2009 which addressed the economic issues involved in the divorce action, which Agreement is attached hereto as "Exhibit A." 8. On July 9, 2008, Bolinger and Chaposky executed a deed conveying property 1974 Fry Loop Avenue, Carlisle, Pennsylvania (hereinafter "property") to Chaposky alone as Grantee. 9. The property was the parties' marital residence. 10. Bolinger took title to the property in his name alone on June 22, 2001 and on November 26, 2002 Bolinger executed a deed conveying the property to Bolinger and Chaposky jointly. 11. The Agreement states at paragraph 8. entitled "Real Property" that "This Agreement does not address the parties' claims for equitable distribution of the marital residence." 12. The Agreement continues under paragraph 8 to describe the parties' responsibilities for the first and second mortgages on the property. Essentially Chaposky was responsible for the repayment of the first mortgage held by National City Mortgage in the amount of approximately $161,000.00 and Bolinger was responsible for the repayment of the second mortgage held by Members First Federal Credit Union in the approximate amount of $27,000. 13. Chaposky has refinanced the first mortgage and Bolinger is no longer liable for that debt. 14. Bolinger has not refinanced the second mortgage and Chaposky remains liable for that debt. 15. Bolinger has on numerous occasions been late making the second mortgage payment which has adversely affected Chaposky's credit report. 16. Chaposky has been denied credit as a result of Bolinger's late payments to Members First as set forth above. 17. Chaposky has been forced to make a payment to Members First for the second mortgage payment in order to preserve Chaposky's ability to refinance the first mortgage. 18. Bolinger executed a Counter-Affidavit Under Section 3301(d) of the Divorce Code on March 16, 2010 which is attached hereto as "Exhibit B." 19. Bolinger indicated on the Counter-Affidavit that he did not wish to make any claims for economic relief. He further indicated his understanding that he would lose claims for economic relief if he did not claim them before the divorce was granted. 20. The Decree which divorced the parties is attached hereto as "Exhibit C" and indicates that the Court did not retain jurisdiction of any economic claims. 21. Bolinger has indicated that he wants some financial consideration Chaposky and in that regard has filed a lis pendens against the property. 22. Paragraph 15 of the Agreement states as follows: "BREACH: In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorneys fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court." 23. Bolinger has breached the Agreement in failing to make timely payments to Members First and by filing a [is pendens against the property. WHEREFORE, Chaposky respectfully request this Honorable Court to: 1. Require Bolinger to reimburse her for the payment she made to Members First; and, 2. Require Bolinger to refinance the Members First second mortgage so that no future harm can come to Chaposky from Bolinger's lack of timely payments on that obligation; and, 3. Require Bolinger to remove the lis pendens against the property; and, 4. Require Bolinger to pay Chaposky's legal fees and expenses incurred in pursuing this matter. Respectfully submitted, BARIC SCHERER LLC �6� c ael A. Scherer, Esquire 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 i VERIFICATION I verify that the statements made in the foregoing Petition to Enforce Property . Separation Agreement 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: Charmaine V. Chaposk i i € I r i i. f E MARITAL SEPARATION AGREEMENT THIS AGREEMENT made this �_ day of August, 2009 by and between Doug Bolinger, hereinafter referred to as "HUSBAND") and Charmaine Bolinger (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfidly married on September 28,2002;and WHEREAS, diverse,unhappy differences, disputes and difficulties have arisen between the parries and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling their respective financial and property rights and obligations as between each other but limited to the particular claims addressed 'Herein, including, without limitation by specification; the settling of all matters between them rela_tingxo,the-.ownership:and.equitable-distribution of real.and,personal property:ddentifted herein; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property. NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto,HUSBAND and WIFE,each intending to be legally bound,hereby covenant and agree as follows-. 1. The parties intend to live separate and apart from each other for the purposes of the Pennsylvania Divorce Code. 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. 2. The parties have attempted to divide their matrimonial property identified herein a manner that conforms to a just and right standard, with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from each other at "EXHIBIT A" Mar 22 13 10:04a Charmaine Chaposky 717-243-6183 p.6 any place or places that he or she may select. Neither party shall molest, harass, annoy, injure, threaten or:interfere with the other party in any manner whatsoever. Each party m; carry on and engage in any employment,profession,business or other activity, as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses,ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. 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 is stipulated, confessed,and admitted by the parties,and the parties intend to be legally bound hercb yf. 5. Each party to this agreement acknowledges and declares that he or she,respectively: A. Enters into this agreement voluntarily after receiving the advice of counsel of his or her own choosing or has voluntarily elected not to obtain couasei; B. Is fully and completely informed of the facts relating to the subject matter of this agreement and of the rights and obligations of the parties; C. Has given careful and serious thought to the making of this agreement; D. Has carefully read each provision of this agreement; and E. Fully and completely understands each provision of this agreement, both as to the subject matter and legal effect. 6. Each party represents and warrants that he or she has made a full an., air disclosure to the other of all of his or her property interests of any nature,including any mortgage,pledge,lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers of Marital Property for inadequate � consideration without the prior consent of the other. Each party acknowledges that, to the extent desired,he or she has had access to all joint and separate state and federal tax returns filed by or on W behalf of both parties during the marriage. ! i, i C t i Mar 22,13 10:05a Charmaine Chaposky 717-243-6183 p.7 7. DEBTS: It is further mutually agreed by and between the parties that the sole debts of the parties existing as of the time of the execution of this agreement are fully and f~nallp released, 4 and that any, debts incurred by the parties after the execution of this agreement shall be the sole �- responsibility of the party incurring that obligation, and the party incurring the obligation shall take any and all steps necessary to indemnify the other party. 8. REAL PROPERTY: WIFE is the sole title holder and mortgagor of vroperty known as 1974 Fry Loop Avenue, North Nfiddleton Township, Pennsylvania. This.=property was pre-marital in nature but.-,y-as._transferred-to Wife. This agreement does not address the parties' claims-for equitable distribution of the-marital residence.. The purpose of this agreement is to set forth the parties rights and obligations as to outstanding mortgage liabilities which represent marital debt and which are secured against the residence. f t WIFE agrees to accept responsibility for payment of the first mortgage to National City Mortgage, or its successors, currently having a balance of approximately $161,000 «:zd a monthly payment including taxes and insurance of approximately $1289.00 and shall indemnify HUSBAND for payments owed on this obligation. HUSBAND agrees to accept responsibility for payment of the home equity loan due to Members First Federal Credit Union, currently having a balance of approximately $27,000.00, having a monthly payment of $239.00 and shall indemnify WIFE for payments owed on this i obligation. i i i The parties may, in the future, secure refinancing or modification of these and if such refinancing or modification occurs, then--the parties-shall be responsible for payments in the proportionate amounts to-theeur_rent obligation: E The parties agree that if either should become in default for more than 30 days from the due date on their respective obligation, they shall be required to notify the other party of such default r and shall have the opportunity to make such payments to bring the obligation current and shall be i entitled to claim any amounts paid to cure such default against the other in any future equitable distribution claims. E L i y Mar 221310:05a Charmaine Chaposky 717-243-6183 p.8 r 9. PERSONAL PROPERTY: This agreement.shall not represent a final-distribution-:ofmarital personal ptcpeit�. !- BANK ACCOUNTS: This.-agreement shall not affect the .parties jointly held bank accounts, which shall.be managed,by the parties during the pendency of their divorce and shall.be distributed by a-marital settlement agreement to be executed at a-later date. 10. OTHER LEGAL EXPECTANCY INTERESTS: Nothing in this instrument shall be construed to affect either party's legal interest or entitlement to any settlement proceeds arising out of any current pending litigation. 11. INCOME TAX RETURNS: This agreement shall not affect the parties filing status as to income takes for Federal, State or Local Tax purposes, however the parties intend to continue to file joint income tax returns in 2009 and thereafter. Any agreement to the contrary shall be memorialized in a Marital Settlement Agreement. 12. SUPPORT AND ALIMONY: HUSBAND agrees to maintain health insurance through his employment,so long as it is available, for WIFE, until the issuance of a divorce decree. WIFE shall be solely responsible for any unreimbursed medical or dental expenses incurred whether or not provided under HUSBAND's coverage. The parties otherwise waive any cla1-zr for alimony or spousal support. Otherwise, Any such agreements shall be memorialized in a. _-Nlarital Settlement Agreement 13. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as o--11-zarise provided herein,each party may dispose of his or her property in any way,and each patty hereby waives and relinquishes any and all rights he or she may now have or hereafter acqui`c,under the present or future laws of any jurisdiction, to share in the.property or the estate of the other as a result of the marital relationship,including without limitation,dower,curtesv, statutory allowance, { E widow's allowance,right to take in intestacy,right to take against the Will of the other,aid right to act as administrator or executor of the other's estate,and each u-ill,at the request of the other, execute,acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests,rights and claims. E Mar 22.1310:06a Charmaine Chaposky 717-243-6183 P.9 14. OTHER ACKNOWLEDGMENTS: The parties acknowledge that WIFE has,in consideration for the foregoing agreement,either withdrawn or within seven days of the execution of this agreement will withdraw the Protection From Abuse action docketed at Nurnbe-2008-2150. The-parties also-acknowledge that HUSBAND agrees to engage in counseling-designed to assist the reconciliation of the.marital relationship:-. 15. BREACH: In the event of the breach of this agreement by either party,the nonbreaching party shall have the right to seek monetary damages for such breach,wlie;c s-Lich damages are ascertainable,and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs,expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 16. ADDITIONAL INSTRUMENTS: Each of the parties shall from timc to time,at the request of the other, execute,.acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the pz.mdsions of this agreement. 17, VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect have been fully explained to the parties and its provisions are fully understood. Both parties agree that they are executing this agreement freely and voluntarily. WIFE has either sought E independent legal review of this agreement or has waived her right to do the same. I-IUSBAND's legal counsel is Nathan C. Wolf, Esquire. Both parties acknowledge that it has been suggested to that they review this agreement with independent legal counsel and has either done so or voluntarily i chosen not to do so. i 18. ENTIRE AGREEMENT: This agreement contains the entire understanding of the parties and there.are no representations,warranties, covenants or undertakings other than those expressly set forth herein. - i 19. APPLICABLE LAW: This agreement shall be construed undex the laws of the Commonwealth of Pennsylvania. 20. PRIOR AGREEMENTS: It is understood and agreed that any and ail property E Mar 22,13 10:06a CharmaineChaposky. 717-243-6183 p.10 settlement agreements which may or have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. 21. Unless otherwise stated herein, this agreement shall become effective immediately upon its execution by both parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESSES: (SEAL) {. sEAL) COMMONV-'EALTH OF PENNSYLV NIA :SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this J/day of , 20009, Doug Bolinger, known to me (or satisfactorily proven) to be the person whosig name is subscribed to the within agreement, and acknowledge that be executed the same for the purposes therein contained. IN WITNESS WHEREOF,I have hereunto set my hand and official sea'.. i NOTARIAL SEAT. '�Y BONNIE L.COYLE,NOTARY PUBLIC BORO OF CARLISLE,CUMBERLAND CO.PA MY COMMISSION EXPIRES OCTOBER 17,2010 Notary Public � COMMONWEALTH OF PENNSYLVANIA c :SS: COUNTY OF CUMBERLAND , PERSONALLY' APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this day of t ;i.�f. -' 2009, Charmaine Bolinger, known to me (or - satisfactorily proven) to be the person hose name is subscribed to the within agreement, and F acknowledge that she executed the same for the purposes therein contained. E IN WITNESS WHEREOF,I have hereunto set my hand and official seal. f I NOTARM SEAL Notary Public f BONNIE L COYLE,NOTARY PUBLIC I BORO OF CARLISLE,CUMBERLAND CO.PA t MY COMMISSION EXPIRES OCTOBER 17,2010 (1 r IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYL 1'3; V. NO. 6q-k,093 CIVIL ACTION—L (DOI Defendant . IN DIVORCE _ c� a COUNTER-AFFIDAVIT UNDER SECTION 3301(D)OF THE DIVORCE CODE. 1. Check either(a)or(b) (a) I do not oppose the entry of a divorce decree. (b)I oppose the entry of a divorce decree because(Check(i), (ii)or both): (i)The parties to this action have not lived separate and apart for a period of at least two years. (ii)The marriage is not irretrievably broken. 2. Check either(a)or(b): (a) I do not wish to make any claims for economic relief. 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. (b)I wish to claim economic relief which may include alimony, division of property,lawyer's fees or expenses or other important rights. I understand that in addition to checking(b)above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree,the divorce decree may be entered without further delay. I verify that the statements made in this counter-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 unworn falsification to authorities. DATE: -!(y- 10 AIPIA Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF,YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT "EXHIBIT B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Q E (� ec NO: DIVORCE DECREE AND NOW, 0 4�� ; it is ordered and decreed that C�f Iml(l�!. V 11 rner plaintiff, and �f1'� , defendant, are divorced from the `bonds'Q of rriat6mony- Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims-remain pending. The court retains jurisdiction-of any claims-raised by-the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate"None.') ....-- ..... By the Court, Attest: J. Prothonotary Prothonotary "EXHIBIT C" CERTIFICATE OF SERVICE I hereby certify that on February 6, 2014, I, Jennifer S. Lindsay, secretary at Baric Scherer LLC, did serve a copy of the Petition To Enforce Marital Separation Agreement by first class U.S. mail, postage prepaid, to the party listed below, as follows: Paul D. Edger, Esquire 5006 East Trindle Road, Suite 203 Mechanicsburg, Pennsylvania 17050 n i . Lind4jy CHARMAINE V. BOLINGER, • IN THE COURT OF COMMON PLEAS OF n/k/a CHARMAINE CHAPOSKY : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. • NO. 2009-8093 CIVIL TERM • DOUGLAS E. BOLINGER, • IN DIVORCE Defendant : RULE AND NOW, this "/' day of k'lw7,tc,..7 , 2014, upon consideration of the foregoing Petition To Enforce Marital Separation Agreement, it is hereby ordered that (1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; (2) the respondent shall file an answer to the petition within/2eb days of this date; )) (3) a hearing shall be held on tL) , the ' ay of f lttek , 2014, at : a-m./p.m. in Courtroom / of the Cumberland_ County Courthouse; and (4) notice of the entry of this order shall be provided to all parties by the petitioner. BY THE COURT, Albert Masla •, J. � — ` L? Michael A. Scherer, Esquire y C c=- Baric Scherer LLC nn __ j � ' �_ `- ' 19 West South Street Copes' 7' Carlisle, Pennsylvania 17013 `') --y Qfri/I Cf '– Paul D. Edger, Esquire 5006 East Trindle Road, Suite 203 _.(vl Mechanicsburg, Pennsylvania 17050 i LAW OFFICES OF PETER J. RUSSO,P.C. Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Attorneys for Defendant CHARMAINE V. BOLINGER, : IN THE COURT OF COMMON PLEAS OF n/k/a CHARMAINE CHAPOSKY : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff v. : NO.2009-8093 : IN DIVORCE DOUGLAS BOLINGER, Defendant NOTICE TO PLEAD TO: CHARMAINE V. BOLINGER n/k/a CHARMAINE CHAPOSKY c/o Michael A. Scherer, Esquire Bade Scherer LLC 19 West South Street Carlisle, PA 17013 You are hereby notified to file a written a written response to the enclosed Defendant's Answer, New Matter within twenty (20) days from service hereof or a judgment may be entered against you. The Law O--1 — o 'e - . ' _ •, P.C. Date: Tuesday, March 04, 2014 0 LAW OFFICES OF PETER J. RUSSO, P.C. Peter J. Russo, Esquire i�`��� —4 P`s 3 @, PA Supreme Court ID: 72897 5006 East Trindle Road, Suite 203 ��a.��3 E R i_A;a Mechanicsburg, PA 17050 EN SYINAS!A Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Attorneys for Defendant CHARMAINE V. BOLINGER, : IN THE COURT OF COMMON PLEAS OF n/k/a CHARMAINE CHAPOSKY : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2009-8093 : IN DIVORCE DOUGLAS BOLINGER, Defendant DEFENDANT'S RESPONSE TO PETITION TO ENFORCE MARITAL SEPARATION AGREEMENT AND NOW COMES, the Defendant, Douglas Bolinger, by and through his counsel, Law Offices of Peter J. Russo, P.C., and avers the following in support of his Response to Petition to Enforce Marital Separation Agreement: 1. Admitted. 2. Admitted in part and denied in part. It is admitted that the Defendant is Douglas Bolinger, but it is denied that Defendant resides at 264 Red Tank Road, Boiling Springs, Cumberland County, Pennsylvania. Defendant currently resides at 39 Sandbank Road, Shippensburg, Cumberland County, Pennsylvania. Further, Paul D. Edger is no longer affiliated with the Law Offices of Peter J. Russo, P.C., and he no longer represents Mr. Bolinger. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part and denied in part. While it is admitted that the parties executed a Marital Settlement Agreement, the document speaks for itself and any interpretational gloss placed thereon by the Plaintiff is strictly denied. 8. Admitted in part and denied in part. While it is admitted that a deed was executed, the document speaks for itself and any interpretational gloss placed thereon by the Plaintiff is strictly denied. The balance of the averment contains conclusions of law to which no response is required. 9. Admitted. 10. Admitted in part and denied in part. While it is admitted that a deed was executed, the document speaks for itself and any interpretational gloss placed thereon by the Plaintiff is strictly denied. The balance of the averment contains conclusions of law to which no response is required. 11. Denied. The averments in paragraph 11 refer to a document that speaks for itself and any interpretational gloss placed thereon by the Plaintiff is strictly denied. The balance of the averment contains conclusions of law to which no response is required. 12. Denied. The averments in paragraph 11 refer to a document that speaks for itself and any interpretational gloss placed thereon by the Plaintiff is strictly denied. The balance of the averment contains conclusions of law to which no response is required. 13. Denied. After due diligence, Defendant is without sufficient information to establish whether the averments contained in paragraph 13 are true. In fact, as of January 24, 2014, a letter was drafted and sent to Plaintiffs counsel with the understanding that Plaintiff could not refinance the first mortgage. Plaintiff's counsel's response to the letter was the filing of the instant action. 14. Admitted in part and denied in part. It is admitted that Defendant has not refinanced the second mortgage. The balance of the averments in paragraph 14 are conclusions of law to which no response in required. 15. Denied. Upon information and belief, it is denied that Plaintiff has ever suffered any adverse effect as a result of the second mortgage. By way of further response, with the exception of one payment made by the Plaintiff, Defendant has always made the payment on the second mortgage. Strict proof is demanded at the time of trial. 16. Denied. Upon information and belief, Plaintiff has her own issues which have prevented the extension of credit to the Plaintiff. By way of further response, with the exception of one payment made by the Plaintiff, Defendant has always made the payment on the second mortgage beyond the grace period of the loan. Strict proof is demanded at the time of trial. 17. Denied. Plaintiff acted on her own accord by paying the second mortgage. It is believed that payment Plaintiff made was still within the grace period of the loan. 18. Admitted in party and denied in part. It is admitted the Defendant executed a Counter Affidavit. The balance of the averments in paragraph 18 refer to a document which speaks for itself and any interpretational gloss placed thereon by the Plaintiff is strictly denied. The balance of the averment contains conclusions of law to which no response in required. 19. Denied. The averments in paragraph 19 refer to a document which speaks for itself and any interpretational gloss placed thereon by the Plaintiff is strictly denied. The balance of the averment contains conclusions of law to which no response in required. 20. Admitted in party and denied in part. It is admitted the parties are divorced and a divorce decree was issued. The balance of the averments in paragraph 20 refer to a document which speaks for itself and any interpretational gloss placed thereon by the Plaintiff is strictly denied. The balance of the averment contains conclusions of law to which no response is required. 21. Denied. The averments contained in paragraph 21 are conclusions of law to which no response in required. In the event any averment in paragraph 21 is deemed factual, Defendant denies a lis pendens was filed because Defendant "wants some financial consideration." 22. Denied. The averments in paragraph 22 refer to a document that speaks for itself and any interpretational gloss placed thereon by the Plaintiff is strictly denied. The balance of the averment contains conclusions of law to which no response is required. 23. Denied. The averments in paragraph 23 are conclusions of law to which no response in required. NEW MATTER 24. Defendant incorporates his responses to paragraphs 1 — 24 as though each were set forth herein in their entirety. 25. Defendant made all of the payments of the second mortgage within the permissible grace period. 26. Plaintiff was late paying the first mortgage and was assessed a late charge of $47.73 on September 16, 2013. 27. Plaintiff was late paying the first mortgage and was assessed a late charge of $47.73 on April 16, 2013. 28. Plaintiff was late paying the first mortgage and was assessed a late charge of $47.73 on March 13, 2013. 29. Plaintiff was late paying the first mortgage and was assessed a late charge of $47.73 on December 17, 2013. 30. Plaintiff was late paying the first mortgage and was assessed a late charge of $47.73 on January 30, 2013. 31. Plaintiff was late paying the first mortgage and was assessed a late charge of $47.73 on January 17, 2013. 32. It is believed, and therefore averred, that Members 1st, the holder of the second mortgage, has never reported a late payment to any credit reporting agency in connection with the second mortgage. 33. The Marital Separation Agreement was neither incorporated nor merged within the divorce decree. 34. The Marital Separation Agreement is a contract between the parties. 35. The Court lacks jurisdiction to hear this matter as a part of the above-captioned matter. 36. Nothing within the Marital Separation Agreement requires that Defendant refinance the second mortgage. 37. No conduct of the Defendants resulted in, or is the proximate cause of, any injury or damage sustained by the Plaintiff. 38. Any injuries and/or damages claimed by the Plaintiff, if proven, were caused by the Plaintiff. 39. Any harm suffered by the Plaintiff arose out of her own non-performance of the essential obligations by the Plaintiff. WHEREFORE, Defendant, Douglas Bolinger, respectfully requests this Honorable Court to deny the claims of Plaintiff. Respectfully submitted, LAW OFFICES OF PETER J. RUSSO, P.C. BY: 411M1111 Peter . 'usso, squire PA Supreme Court ID: 72897 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Attorneys for Defendant Date: March 4, 2014 VERIFICATION I, Douglas E. Bolinger, Defendant, verify that the statements made in the foregoing document(s) are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 3 ! Y ��Douglas Bolinger,er D e fe n anC t�� LAW OFFICES OF PETER J. RUSSO, P.C. Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Attorneys for Defendant CHARMAINE V. BOLINGER, : IN THE COURT OF COMMON PLEAS OF n/k/a CHARMAINE CHAPOSKY : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff v. : NO. 2009-8093 : IN DIVORCE DOUGLAS BOLINGER, Defendant CERTIFICATE OF SERVICE I, Derek M. Strouphauer, Paralegal, hereby certify that I have on this day served a true and correct copy of the foregoing document upon the following person, in the manner indicated: United States First Class Mail: Michael A. Scherer, Esquire Baric Scherer, LLC Attorneys at Law 19 W. South Street Carlisle, PA 17013 -ek M. Strou auer, Paralegal Date: Tuesday, March 04, 2014 CHARMAINE V. BOLINGER, n /k/a CHARMAINE CHAPOSKY, PLAINTIFF v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS E. BOLINGER, DEFENDANT : 09 -8093 CIVIL TERM ORDER OF COURT AND NOW, this 1 day of March, 2014, the time for the hearing on Wednesday, March 26, 2014 is changed to 2:00 p.m. All other provisions of this court's order of February 12, 2014, shall remain in full force and effect. By the Court, Albert H. Masland, J. ✓ Michael A. Scherer, Esquire '4'eter J. Russo, Esquire E-s 112.4 r m —<u):r c CHARMAINE V. BOLINGER, IN THE COURT OF COMMON PLEAS OF,-• n /k /a CHARMAINE CHAPOSKY, : CUMBERLAND COUNTY, PENNSiL.VA IA -" Plaintiff n ;' r.1 V. CIVIL ACTION - LAW DOUGLAS E. BOLINGER, Defendant NJ NO. 09 -8093 CIVIL 'TERM 2=C-:, ORDER OF COURT AND NOW, this 26th day of March, 2014, the parties having appeared in court and agreed to the following terms, we enter the following order: 1. The defendant agrees to strike the lis pendens which has previously been filed in this matter with prejudice. 2. The defendant will not make a claim for equity in the real estate located at 1974 Fry Loop Avenue, Carlisle, Pennsylvania. 3. The defendant will attempt to refinance the joint Members 1st loan and provide proof of such efforts to the plaintiff. The defendant should consider attempting to refinance part of the loan in his name if he is unable to refinance the entire loan in his name alone. 4. The defendant will pay the joint loan with Members 1st monthly within 8 days of the due date of the loan. the plaintiff will cooperate with the defendant's efforts to change the due date of the loan. The plaintiff will waive her right to request reimbursement for the payment she made on the joint Members 1st loan on September 12, 2013, in the amount of $237.86. 5. The parties will attend a hearing in this matter on June 4, 2014, at 8:30 a.m. to update the Court with respect to the defendant's efforts to refinance the Members 1st loan. By the Court, Albert H. Masland, J. Michael A. Scherer, Esquire For Plaintiff ...//// Jennifer L. Spears Brenize, Esquire For Defendant prs