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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND
~
STATE OF ,~_. .
-.... .~.
'. . '''7'
COUNTY
PENNA.
PENNY D. BOLEN,
PLAINTIFF
;\ I I. 4933
CIVIL II) 95
VI'l"...:II....
PAUL E. BOLEN,
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DEe R E E , N ,~
decreed that ............... PEN.NY . D:. . BOL.E.N . . . . , . . . .
DEFENDANT
and...... .
PAUL E. BOLEN
. . . . . " plaintiff,
. . . " defendant,
are divorced from the bonds of matrimony.
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 INDEMNIFICATION AGREEMENT IS INCORPORATED
HEREIN AS AN ORDER OF COURT.
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PENNY D. BOLEN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PElflfSYLVANIA
NO. 95- 4933 CIVIL TERM
.
.
.
.
vs.
.
.
PAUL E. BOLEN,
Defendant
: IN DIVORCE
IJlDBlDaI'ICATIO. AGUIIMBll'r
AND NOW, the day and year hereinafter set forth, the above-
named parties agree as follows:
WHEREAS, the parties are in the process of finalizing their
divorce pursuant to Section 3301(C) of the OO.estic Relations
Code: and
WHEREAS, the parties have agreed that Plaintiff, Paul E.
Bolen, will retain sole and exclusive ownership and possession of
the 1993 Ford Ranqer owned jointly by the parties; and
WHEREAS, the parties wish to finalize all econo.ic and
financial aspects of their marital dissolution.
NOW, THEREFORE, the parties intendinq to be .utually bound
and to bind their heirs, executors and assigns, and in
consideration of their .utual covenants and aqreeaents, agree as
follows:
1. Within fifteen (15) days of execution of this docuaent
by Defendant, Plaintiff will execute any and all docu.ents
necessary to convey all of her right, title and interest in
aforesaid 1993 Ford Ranger to Defendant.
a. Fro. date of execution of this docu.ent forward,
Defendant shall be solely and exclusively responsible tor the
repayaent of the auto.obile loan due and owing on the aforesaid
vehicle to Dauphin-Deposit Bank and Trust COIIpany which requires
.
...
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routine monthly payments of $358.00. In the event the Defendant
would fail to make payment in full as required and in a timely
fashion, plaintiff shall be entitled to make payment and charge
Defendant with any and all costs associated with payment,
including the payment itself, interest, late fees, attorneys
fees, collection fee., and the like.
3. Defendant shall indemnity Plaintitt and save her
harmless from and aqainst any and all collection activity or
demands tor payment ot any nature whatsoever on account ot the
aforesaid autoaobile loan. In the event ot Defendant's breach of
this agreement, Plaintiff shall be entitled to initiate any
appropriate action in law or equity to compensate for any costs
of any nature whatsoever incurred by Plaintiff due to the
Defendant's breach of this aqre_ent, includinq but not liaited
to costs and attorney's fees.
WHEREFORE, the parties set forth their hands and seals the
day and year hereinafter written.
WITNESS:
vJeate: A;/i10,_~
Penny .,Bolen, Pla nt ff
Dat.: , J'~ ib ~ "8: ~~~~~~ie~~
Plaintiff
. .
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
95-4933 CIVIL TERM
PENNY D. BOLEH,
v.
PAUL E. BOLEN,
Defendant
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:
l. Ground for divorce: irretrievable breakdown under Section
330l(c).
2. Date and manner of service of the complaint SERVICE VIA
U.S. CERTIFIED MAIL-RESTRICTED DELIVERY ON SEPTEMBER 20. 1995
3. (Complete either paragraph (a) or (b).)
(a) Date of execution of the affidavit of consent required
under Section 20l(d) of the divorce code: by the plaintiff
APRIL 12. 1996 ;
by the defendant
APRIL 5. 1996
(b) (1) Date of execution of the plaintiff' s affidavit
required by Section 20l(d) of the divorce code
N/A
(2) Date of service of the plaintiff's affidavit upon
the defendant N/A
4. Related claims pendIng NONE
5. Indicate the manner of service the notice of intention to
file praecipe to transmit record, and attach a copy of said notice
under section 201(d)(1)(i) of the Divorce Code
~.r~
MICHAEL A. SCHE ER
Attorney for the Plaintiff
v.
IN 'llIE 0X1RT OF CXlHN PlEAS OF
aJMBERI.l\ND <XXJm"{, PENNSYLV1lNIA
95- '-I (/ ?). J) CIVIL TERM
CML ACTIOO-LAW
IN DIVORCE
PENNY D. BOIEN,
Plaintiff
PAUL E. BOIEN,
Deferx:lant
oorICE 'IO DEFEND AND CIAIM RIGHTS
You have been sued in court. If you wish to defend against the
claims set forth in the following pages, you IlUst take P4U1I\,L action. You are
warned that if you fail to do so, the case 1M}' proceed without you 800 a
decree of divorce or annulment may be entered against you by the court. A
juclgnent may also be entered against you for any other claim or relief
requested in these papers by the Plaintiff. You may lose IlDney or property or
other rights inportant to you, including custody or visitation of your
children .
When the ground for the divorce is indignities or irretrievable
breakdown of the IMIriage, you may request IMIriage counseling. A list of
IMIriage counselors is available in the Office of the Prothonotary at the
CunDerl800 County Court House, Carlisle, Pennsylvania.
IF YOO 00 oor FILE A CIAIM ~ ALDOlY, MARITAL ~I'Y, CXl.lNSELeFEES CR EXPENSES BEFOOE 'llIE FINAL DECREE OF DIVORCE CR ANNUlMENI' IS GRANmD,
YOO MAY IDSE 'llIE RIGHT 'IO CIAIM ANY OF 'IllEM.
YOO SlIXJID TAKE nus PAPER 'IO YOOR A'I'I'CRNEY AT CHE. IF YOO 00
oor HAVE AN A'I'I'CRNEY CR Cl\NOOI' AFFCRD CM:, 00 'IO CR ~ 'llIE OFFICE SET
FamI BEIQo/ 'IO FIND oor WHERE YOO CAN GET IBil\L HELP.
Court Adninistrator
CunDer 1800 County Court House
Fourth Floor
Carlisle, PA 17013
Telephone: (717) 240-6200
.
PENNY D. BOIEN,
Plaintiff
IN '!HE COORT OF ~ PLEAS OF
CUMBERLAND CDJNTY, PENNSYLVANIA
v.
95- 4 (} 3 3 CML 'IERM
PAUL E. BOIEN,
Defendant
CML ACl'ICN-LAW
IN DIVORCE
cx:MPLAINl' UNDER SECTICNS 330l1C\ AND
330llD\ OF '!HE DIVORCE ODE
1. Plaintiff is PENNY D. BOIEN, an adult individual who currently
resides at 3412 Trindle Road, Apt. A, Canp Hill, Cunberland County,
Pennsylvania .
2. Defendant is PAUL E. BOIEN, an adult individual who currently
resides at 45 Garden Parkway, Carlisle, Cunberland County, Pennsylvania.
3. Plaintiff and Defendant have been bona fide residents in the
Catm:>nwealth of Pennsylvania for at least six IlDnths imnediately previous to
the filing of this Catplaint.
4. The Plaintiff and Defendant were married on August 24, 1991,
in Carlisle, Cunberland County, Pennsylvania.
allNI' I - Drvma:
5. Plaintiff hereby incorporates by reference paragraphs 1
through 4 above.
6. There have been no prior actions of divorce or for annulment
between the parties as to their current marriage.
7. Neither Plaintiff nor Defendant is in the Armed Forces of the
United States.
8. Plaintiff avers that the marriage between the parties is
irretrievably broken.
9. The Plaintiff has been advised of the availability of
counseling and that she nay have the right to request that the court require
the parties to participate in counseling.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to
enter a decree in divorce.
roJNT II - DMsroo OF PROt'I!J(.l"i
lO. Plaintiff hereby incorporates by reference paragraphs 1
through 9 above.
11. The parties have acquired personal property, including
autalDbiles, bank accounts and other itElll6 of miscellaneous property during
the course of their lMlTiage, sane of which is IMrital property.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to
enter a decree which effects an equitable distribution of IMrital property.
Respectfully subnitted,
./
Date: ~'13.q)
~a ,;-,4.
Michael A. Scherer, Esquire
1.0. '6l974
l7 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
c:br88t it' /di vorcefbolen. aJ1l
~., .
I verify that the statenents lMde in this Calplaint are tIue and
correct. I understand that false statenents herein are made subject to the
penalties of l8 Pa. C.S. 5 4904, relating to unsworn falsification to
authorities .
Date: ~
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PENNlf D. BOLEN, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
v. . CIVIL ACTION - LAW
.
.
.
PAUL E. BOLEN, . 95-4933 CIVIL TERM
.
Defendant . CUSTODY
.
AND
~ OF COURT r J,,-
NOW, this ~ day of ~V
Stipulation and Agreement is hereby made
, 199~ the
an Order of
attached
Court and all prior Orders on this matter are hereby vacated.
BY THE COURT,
J.
. .
..-"
.,
PENNY D. BOLEN,
Plaintiff
.
.
IN THE COURT OF COMMON pLEAS OF
CUMBERLAND COUNTlf, PENNSYLVANIA
.
.
.
.
v.
: CIVIL ACTION - LAW
.
.
r.
PAUL E. BOLEN,
oefendant
: 95-4933 CIVIL TERM
: IN CUSTODY
CUSTODlf
~TIPULATION AND AGREEMENT
THIS AGREEMENT AND STIPULATION entered into the day and
year hereinafter set forth, by and
between Penny D. BOlen,
(hereinafter referred to as "Mother") and paul E. Bolen,
(hereinafter referred to as "Father").
WHEREAS, the parties are the natural parents of MattheW paul
Bolen, born september 6, 1993, (hereinafter the "child") I and
WHEREAS, the parties are presently separated and living in
separate residences: and
WHEREAS, the parties wish to enter into an agreement
relative to custody and partial custody of the child: and
NOW, THEREFORE, in consideration of the mutual covenants,
promises and agreements as hereinafter set forth, the parties
agree as folloWS:
1. The parties shall have joint legal custody of the child.
2. Mother shall have primary physical custody of the child.
3. Father shall have periods of temporary or partial
physical custody of the child on the following schedule:
(a) Every other weekend from Friday evening at 5:30
p.m. to sunday evening at 7:00 p.m.;
,
(b) Every Wednesday evening from 5:30 p.m. until 8:00
p.m. ;
(c) On the alternating weekends when Father does not
otherwise have custody of the child, he shall have the child from
1:30 p.m. until 8:00 p.m. on Sunday:
(d) At other times as the parties may agree.
4. The parties agree that they will share physical custody
of the child to their mutual satisfaction, either by dividing the
holiday or alternating holidays on the following holidays: New
Presidents' Day.
5. The parties agree to share physical custody of the child
on Thanksgiving day by alternating their period of time with the
child between the following two periods:
(a) The time period from 5:30 p.m. on the Wednesday
before Thanksgiving until 2:00 p.m. on Thanksgiving day: and
(b) The period from 2:00 p.m. on Thanksgiving day
until 5:30 p.m. on the Friday following Thanksgiving.
Mother shall have the first period of Thanksgiving for 1995
and Father shall have the second period. This shall alternate
for 1996 and so on.
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Year's Day, Easter Sunday, Memorial Day, 4th of July, Labor Day,
6. The parties agree to share physical custody of the child
over the Christmas holiday season by alternating physical custody
of the child between the fOllowing two periods of time:
(a) The period from 5:30 p.m. on the child's last day
of school (until the child attends school, this shall be deemed
to be the last day of school in the school district where the
primary custodian resides) until 1:00 p.m. on December 25; and
(b) The period from 1:00 p.m. on December 25 until
7:00 p.m. on December 29.
Mother shall have the first period set forth above for
Christmas 1995 and Father shall have the second period. The
parties shall then alternate these periods in 1996 and so on.
7. The parties agree that the child shall always be with
the Father during Father's Day and with Mother for Mother's day
for the period from 9:00 a.m. until 7:00 p.m. on each such day.
8. The parties shall share transportation of the child for
these periods by the parent who was securing physical custody of
the child being responsible for pick-up of the child to begin
that parent's period of physical custody.
9. The parties will keep each other advised immediately
relative to any emergencies concerning the child and shall
further take any necessary steps to insure that the health and
well being of the child is protected.
10. Neither parent shall do anything which may estrange the
child from the other party, or injure the opinion of the child as
to the other party, or which may hamper the free and natural
development of the child's love or affection for the other party.
11. Any modification or waiver of any of the provisions of
this Agreement shall be effective only if made in writing and
only if executed with the same formality as this Stipulation and
Agreement.
12. The parties desire that this stipulation and Agreement
be made an Order of Court to the Court of Common Pleas of
cumberland County, and further acknowledge that the Court of
Common Pleas of Cumberland County does, in fact, have
jurisdiction over the issue of custody of the parties' minor
children and shall retain such jurisdiction should circumstances
change and either party desire or require modification of said
Order.
13. The parties agree that in making this Agreement, there
has been no fraud, concealment, overreaching, coercion, or other
unfair dealing on the part of the other.
14. The parties acknowledge that they have read and
understand the provisions of this Agreement.
Each party
acknowledges that the Agreement is fair and equitable and that it
is not the result of any duress or undue influence.
IN WITNESS WHEREOF, the parties hereto intending to be
legally bound by the terms hereof, set forth their hands and
seals the day and year herein mentioned.
WITNESS:
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Date: id~/9fc, , ~n(^'/ ,0G../
PENNY 0 ~N
Date:
'J- 1.1- j~)'-
~- ." ( "
~~~~.t _
P UL E. BOLEN
\~~
v.
. . .
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 95-4933 CIVIL TERM
PENNY' D. BOLEN,
Plaintiff
PAUL E. BOLEN,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 330l (c) of the
Divorce Code was filed on September 15, 1995.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety days have elapsed from the date of filing the
complaint.
3. I consent to the entry of a final decree of divorce.
4. I understand that if a claim for alimony, alimony
pendente lite, marital property or counsel fees or expenses has not
been filed with the court before the entry of a final decree in
divorce, the right to claim any of them will be lost.
5. I have been advised of the availability of marriage
counseling and understand that I may request that the court require
that my spouse and I participate in counseling prior to a divorce
decree being handed down by the court.
6. I am not a member of the armed forces, nor in active
military service, of the United States of America or the
Commonwealth of Pennsylvania.
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:
4/IJ/?&
/ I
,
) . ---)
_._____-:;;#;.~"-~~__:;;;; i;>:,
~~y D. BOLEN
. . .
, .
PENNY D. BOLEN,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
95-4933 CIVIL TERM
PAUL E. BOLEN,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
NAInR 0.. KOTICE 0.. IR'l'ER'l'IOK TO REOUBST ER'l'RY 0.. A
DIVORCE DECREE ORDER ~3301(C) 0.. THE DIVORCE CODE
1. I consent to the entry of a final decree in 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.
I verify that the statements made in this affidavit are true
and correct. I understand that false statements herein are subject
to the penalties of l8 Pa.C.S.A. 54904 relating to unsworn
falsification to authorities.
Date: 4/1C?/'10
~~~
P~Y D. BOLEN
. " .
. . .
PENNY D. BOLEN, IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. : CIVIL ACTION - LAW
.
.
PAUL E. BOLEN, . 95-4933 CIVIL TERM
.
Defendant IN DIVORCE
WAIVBR 01' 1f0TICB 01' IIfTBIfTIOK '1'0 RBOOBST
BIfTRY 01' A DIVORCB DBCRBB
UHDBR 8BCTIOlf 3301(C) OP 'l'HB DIVORCB CODB
1. I consent to the entry of a final decree in 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.
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: \\'S . q '"'
\~~~~.~~
PAUL E. BOLEN
Defendant