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HomeMy WebLinkAbout95-06757 5 ~d .....~ ......~ ~ J r- \C') S ] k' , ~ ~. ,...............' .....'..'...:........~.. .. .. 'lII> ':ilC- .. .. ...",~oOIt:~;..,_...... ,..'..~ ~ - ~ I' ~ i : IN THE COURT OF COMMON PLEAS : ~. , OF CUMBERLAND COUNTY ~ $ * ~ s . : STATE OF ~, .. PENNA. I S ~ : ~~~~..~:'..~~~~~,..,.., ....'.........,........,....,........ !/ No, ....~,~:~.?,~,?. c,~y,~~..,?:.ERM * .'............'....'....'................".............'PlciIii'tHr'.. Ii ~ ~ VCI'SIIS ~ I ~ .,... ........,....'..................,... ..,.............,............ II ~ ~NORMJ\tlD..~,.....J?()Y()~!JR. , II $ ';'''Defendant ' " e ~ (, .'. , ~ ~ 8 ~ ~ 8l ~ 8 ~ ~ ;;; ~ DECREE IN DIVORCE AND NOW, ~~, .. ,t7, .. ... 19. ~ ~. It Is ordered and decreed that.. Ni,],lil, R...J;lp.Y.QI)..,..,..,......,..............,. plaintiff, ond '" NQ1;1J1ilJ\q ,t.,. ,QQYPJ'\o. ,OJ.,:,..""""""""""""",'. defendant, are divorced from the bonds of matrimony. 8 w ~.~ a ~, ,.; ~ .', ~ ~ ... s ~ 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; UO~_ *. ',' ~ ~ '.' ~ ~, ~ '.' ~ " "".I'r, IS. ,EV1U'.HEa, ORDERED ,AND ,DECREED, ,that, ,the, t.erms, .and, ",.. ~q~9~~~QP~,Qf,~h~,~A~~tilA,S~~~l~m~nt,Ag~eemant,dated.November, 25, 1996, attached hereto, are incorporated.,h n. -' ~~/ ::.;;,::, ~~ ~ J ~. .k ~,A:}.f'P~Olh~~OlnrY * .~ ~ ,', ~ ~ " ~ M " ~ !="' ~ ~ '.' ~ " * ~ " ~ ~ ~ :>. ~ :;' ----- :;..:. {II:. -=-:. ->>." .. ~ ~ --~---'''''''-. '-'-------.-....-~---~.---..--..._,~--...........,~ '-,-.-. .. ':e! ._~~-~~-~~~---~~--~~~~~. , .. , , . ~,I7.fI. {},/. ~~JdVtJ ~ ,~~ /d.//,9b ~"wi4';$ a4 ~ t:~ , . ... ' t . . ....... 'i ~ , MARITAL SETTLEMENT AGREEMENT ., '+" N '" . THIS AGREEMENT is made on the ",,5 day of OtIeWlI-.L(f'I 1996 between Nila R. Doyon (hereinafter called "WIFE"), of 205 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania 17025, and Normand L. Doyon, Jr. (hereinafter called "HUSBAND") of 4343 Herner Countyline Road, Southington, Ohio 44470. RECITALS: R-1. The parties hereto are HUSBAND and WIFE, having been married on May 20, 1994, in Newton Falls, Ohio. R-2. There is one (1) child born of this marriage: Brittany Anne Doyon, age 6, born May 21, 1990 (hereinafter called the "CHILD"). R-3. Differences, disputes and difficulties have arisen between the parties in consequence of which they have been living separate and apart from each other since November, 1995 and intend to do so for the rest of their natural lives. R-4. The parties hereto are desiroue of settling fully and finally their respective financial and property rights and ". _. ~;C~~."'''-'';:-.' -,...-,-......",.....,,.,.,.. -.' ..'-<:. -';"'-'-,,,"''''', ~ .. obliqations as between each other, and of settlinq their custody and visitation riqhts, includinq without limitation: A. The settlinq of all matters between them relatinq to the ownership of personal property; B. In qeneral, the settlinq of any and all claims and possible claims by one aqainst the other or against their respective estates. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other qood and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, WIFE and HUSBAND, each intendinq to be leqally bound hereby, covenant and aqree as follows: 1. RECITALS: The above recitals are incorporated herein by reference. 2. SEPARATION: It shall be lawful for HUSBAND and WIFE to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit. 2 .....~ " ..-;";"', ",,+;' _~;,c,,':':"':-!!!,,"'~"'O"''''~'' , ',- \ ,~-: , ~, ~ 3. DIVORCE: It is speoifically understood and agreed by and between the parties, each of the said parties does hereby warrant and represent to the other that, as defined in the Divorce Code (23 Pa. C.S.A. S3101-3707), their marriage is irretrievably broken. WIFE has filed an action in the Court of Common Pleas of Cumberland county, Pennsylvania at Docket No. 6757 CIVIL 1995. The parties agree to take all legal steps, including, without limitation, the timely and prompt submission of all documents and the taking of all actions necessary to assure that a divorce pursuant to section 3301(c) of the Divorce Code is entered as soon as possible. This Agreement shall be incorporated by reference but not merged into the proposed Divorce Decree presented to the Court. 4. LEGAL EFFECT: The provisions of this Agreement are intended to effect a legally binding property settlement between the parties. WIFE has been represented by Paige Macdonald-Matthes, Esquire, of Cunningham & Chernicoff, P.C. and HUSBAND has been represented by Carol J. Lindsay, Esquire, of Flower, Morganthal, Flower & Lindsay. Each party acknowledges that she or he each fully understands the facts and has been fully informed as to her or his legal rights and obligations, and each party acknowledges and accepts that this 3 ,..'.I>",!,_.., ;a:.l;..._r.,....I.....' c...... ,,- i .. . I Agreement is fair and equitable, that it is being entered into freely and voluntarily and that this Agreement and the execution thereof is not the result of any duress, undue influence or collusion. 5. INTERFERENCE: Each party shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if she or he were unmarried. Each may reside at such place or places as he or she may select. Each may for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, disturb or malign each other or the respective families of each other, nor in any way interfere with the peaceful existence, separate and apart from the other, nor compel or attempt to compel the other to cohabitate to dwell by any means or in any manner whatsoever with him or her; each of the parties understands and agrees that he or she shall not and will not do or say anything to either of the CHILDREN, at 4 , ~ , any time, which might in any way influence the CHILDREN or either of them adversely against the other party. 6. DISCLOSURE: Each party asserts that he or she has made a full and complete disclosure of all the real and personal property of whatsoever nature and wherever located belonging in any way to either or both of them, of all debts and encumbrances incurred in any manner whatsoever by either or both of them during the marriage, of all sources and amounts of income of each party, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are a part of the consideration made by each party for entering into this Agreement. 7. NAMES: It is understood that the terms "HUSBAND" and "WIFE" are used throughout this Agreement solely as the method of identifying the parties, and such words shall not be construed to have any special meaning or purposes for their use and are not dependent on their marital status with each other. 8. CUSTODY AND VISITATION: The parties shall share legal custody of the parties minor children, and WIFE shall 5 !;"..:~",~.~.'if,' it;. ~ . have primary physical custody of the minor child with FATHER to have partial physical custody for visitation as more tully set forth in the parties custody Stipulation and corresponding Order of Court entered at Docket No. 95-5260 CIVIL in the Court of Common Pleas ot cumberland county. 9. CHILD SUPPORT: The parties agree that child support shall be paid through the CUmberland County Domestic Relations Office pursuant to the Order for Support entered at Docket No. 117 S 96. 10. PERSONAL PROPERTY. The parties agree that they have properly divided all personal property acquired during the marriage with the exception of the following items: A. twin bed; B. sega system with game cartridges; C. documents pertaining to the parties' first child who died soon after birth; D. a baby blanket belonging to the parties' second child who died soon after birth; 6 . , WIFE aqrees that HUSBAND may have the twin bed and the Seqa system and HUSBAND shall retrieve the same from WIFE's residence within thirty (30) days after the signinq of this Aqreement. WIFE further aqrees that she shall provide HUSBAND with photocopies of all documents in her possession pertaininq to the parties' second child and shall provide a piece of the deceased child's baby blanket to HUSBAND within thirty (30) days after executinq this Aqreement. 11. MARITAL DEBT. The parties aqree that durinq the course of their marriaqe that they have incurred certain debLs which continue to be outstandinq. The marital debts outstandinq are as follows: A. Car loan for Oldsmobile with Bank One, Account No. 564976766915572 in the amount of Two Thousand Seven Hundred Twenty Four and 43/100 Dollars ($2,724.43); B. Bank One overdraft charqe, Account No. 400882108, with a balance as of March 1, 1996 of Seven Hundred Ninety and 70/100 Dollars ($790.70); C. Beneficial Consumer Loan, Account No. 96122121, with a balance as of March 7, 1996 of six Hundred Fifty and 00/100 Dollars ($650.001; 7 , . " D. Credit First Credit Card, Account No. 819356890, with a balance as of January 11, 1996 of Five Hundred Forty Two and 34/100 Dollars ($542.34)1 E. Bank One Visa, Account No. 0004443836734515, with a balance as of March 1, 1996 of six Hundred Eighty Nine and 95/100 Dollars ($689.95)1 F. Lerner Credit Card, Account No. 624717146, with a balance as of February 15, 1996 of One Hundred Thirty Five and 11/100 Dollars ($135.11)1 G. BP Visa, Account No. 4266 5037 1120 2766, with a balance of Two Thousand Four Hundred seventy and 88/100 Dollars ($2,470.88)1 H. United Telephone, Trumbull Credit and Adjustment Bureau, Account No. 499879, with a balance of Three Hundred Thirty Nine and 89/100 Dollars ($339.89)1 I. Met Path Labs, Account No. 94794527, with a balance of One Hundred Ninety Nine and 30/100 Dollars ($199.30)1 J. Pediatric Care Associates, Account No. 8195, with a balance as of April 16, 1996 of Forty Two and 00/100 Dollars ($42.00)1 K. East Pennsboro Area School District - Three Hundred Forty and 00/100 Dollars ($340.00)1 and 8 , L. National Second Bank, Account No. with a balance as of March 7, 1996 of Four Thousand Seventy Eight and 00/100 Dollars ($4,078.00). with regard to the marital debt, WIFE and HUSBAND agree as follows: A. HUSBAND shall assume the sole responsibility and save and hold harmless WIFE for the following marital debts: Credit First Account, Met Path Labs, United Telephone, Bank One Overdraft, GM Credit Card, National Second Bank Loan, Bank One Visa, East pennsboro School Tax, Bank One Car Loan, Beneficial Consumer Loan, Bank One Visa and Pediatric Care Associates. B. WIFE shall assume the sole responsibility and save and hold harmless HUSBAND for the Lerner Credit Card, and in furtherance thereto, WIFE agrees that she shall pay the balance in full within thirty (30) days from the date the parties execute this Agreement. C. WIFE and HUSBAND agree that WIFE shall contribute the following amounts to the following remaining marital debt: 9 , i. Met Path Lab $ 99.65 H. Credit First 271.00 Hi. BP Visa 100.00 iv. United Telephone 169.90 v. Bank One Overdraft 133.35 vi. Pediatric Care Associates 42.00 TOTAL $815.90 WIFE shall pay the sum of Eight Hundred Fifteen and 90/100 Dollars ($815.90) in eight (8) installments of One Hundred and 00/100 Dollars ($100.00) per month and a final payment of Fifteen and 90/100 Dollars ($15.90) to HUSBAND with the first payment to be made within thirty (30) days after the parties execute this Agreement. HUSBAND agrees that he shall be solely responsible for paying the creditors set forth herein and shall thereafter be solely responsible for and save and hold WIFE harmless for any outstanding balance that may exist thereafter. 12. TAX STATUS OF CHILDREN. Commencing as of the calendar year, 1996, and every even year thereafter, WIFE shall be entitled to claim the parties' child as a dependent 10 '-',.' . on her Federal Income Tax Returns under Sections 151 and 152 of the Internal Revenue Code of 1986, as amended. Commencing as of the calendar year, 1997, and every odd year thereafter, HUSBAND shall be entitled to claim the parties' child as a dependent on his Federal Income Tax Returns under Sections 151 and 152 of the Internal Revenue Code of 1986, as amended. Both parties agree that they shall provide each other a letter by December 30 expressly acknowledging the other party's right to claim the child as a dependent for the applicable tax year. 13. WIFE' S DEBTS. WIFE represents and warrants to HUSBAND that she will not contract or incur any debt or a liability from the date of November 15, 1995 for which HUSBAND or his estate might be responsible and shall indemnify and save harmless HUSBAND from any and all claims or demands made against him or his estate by reasons of debts or obligations incurred by WIFE after the date of the filing of the Divorce Complaint, including costs and counsel fees appertaining thereto. 14. HUSBAND' S DEBTS. HUSBAND represents and warrants to WIFE that he will not contract or incur any debt or a liability from the date of November 15, 1995 for which WIFE or 11 "....-___.---...~_.:,';j;~'."',.,\".. '1""";"'."",'-" 1." . her estate might be responsible and shall indemnify and save harmless WIFE from any and all claims or demands made against her or her estate by reasons of debts or obligations incurred by HUSBAND after the date of the filing of the Divorce Complaint, including costs and counsel fees appertaining thereto. 15. DISCLOSURE OF ASSETS. Each party hereby warrants, represents, covenants, declares and acknowledges that he or she has made a full and complete disclosure to the other party of his or her entire assets and liabilities. 16. SURVIVAL UPON DIVORCE. This Agreement shall not be considered to effect or bar the right of WIFE or HUSBAND to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available (this provision is intended to be read in conjunction with Paragraph 3 above). It is agreed that this Agreement shall not be impaired by any Divorce Decree which may be granted, but shall continue in full force and effect, notwithstanding the granting of any such decree. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any .. " ,_'.. _.','. ......'".tt.'."..~,. -~. act or acts on the part of the other party which have occasion to disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 17. MUTUAL RELEASE. HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interest or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other, or by way of dower or curtsy, or claims in the nature of dower or curtsy, a widow's or widower's rights, family exemption or similar allowance, or under intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania; (b) any state, commonwealth or territory of the United States; l3 ;-'?""~""'''~'.....,\.,...;.", "'--~,~::"'f ; or (c) any other country, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions hereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property which has been disclosed, of any kind or nature, real, personal, or mixed, which the other now owns or may hereinafter acquire, except and only except, all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 18. FURTHER DOCUMENTS. HUSBAND and WIFE agree to execute any and all written instruments, assignments, releases, deeds and other documents and writings which from time to time may become necessary to effectuate the terms of this Agreement. 19. ENTIRE AGREEMENT. HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble 14 I~....,..._' . hereinabove 1 that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto 1 and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other terms, conditions, clauses or provisions of this Agreement. This Agreement may be amended by the parties only by a written instrument signed by both parties hereto. 20. NONWAIVER OF PERFORMANCE. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 21. INVALIDIT'i. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this l5 \ t!;' fI' l' t; " ,. Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her Obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent shall in no way avoid or alter the remaining obligations of the parties. 22. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for such breach at law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 23. EFFECTIVE DATE. Except as otherwise specifically provided herein, this Agreement shall be effective on the date first above written. 24 . GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 16 25. SUCCESSORS IN INTEREST. Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: WIFE: ~UJ/~~_ ~'ILA R. DOY (SEAL) WITNESS: HUSBAND: No~62f- (SEAL) 17 ... '...,.' ,,,,"""'...."';~,."!l:['l!1Jliiilt..;....'r~"~;lJ~ti~ ~~?j ''1 \t ~ 0' r:: i~ ..:l '';# .. '5.~ ~r' 9 ~. 'I.;'; (:; - -'\.'," :;;.; -., ." ::~\~ ~c . "/I) I, ....~ ~.. :.:;:J G:k ~ (..-' , 'tU F- LL~ ,..! l... c:,~ ..., u.. <.D ::1 u u> U , ,~~~~~,. . , - i f r v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-6757 CIVIL TERM NIIA R. DOYON, Plaintiff NORMAND L. DOYON, JR. Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT UNDER SECTION 3301(cl TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under section (Xl 3301(cl ( I 3301(dl of the Divorce Code. 2. Date and manner of service of, the Complaint: Defendant received the ComDlaint in Divorce on November 30. 1995. See Affidavit of service filed to the above term and number. 3. (Complete either Paragraph (a) or (b)). (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By plaintiff: November 13. 19961 Defendant: November 25. 1996. (b)(1) Date of execution of the plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: HLAI (2) Date of service of the Plaintiff's Affidavit upon the Defendant: HLA. 4. Related claims pending: No claims Dendina. Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date: December 10. 1996 By: ~Cl( , "",,.rl,,,,,n..Q;J.. ~"""H\"'^ paige Macdonald-Matthes, Esquire I.D. 1166266 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 ---............~+".~.~'.... ~ en C ,< ..:: ,- ,~? -:t: Co !2 ~~' ~'''0 .~ '-)'~ fEe '" ~;:. < -1:::' c ,::(,} L "-'.. JL. ,~!:.> Ett; c.... :m l.\J . ~ c.. 1'- c::: LL. l,';) :-:J 0 c~ :..; .....,......-,."". ,", ",:,."",,'" Ai a~ ~,~ ~ ~ ~ - ~ ~ . ~~ :,. ',,=" ~ ~ -,.,' ~... -",. "I~:J=!" ~~g~ ji;';s;"~' .o~:c.,:;.J, . r:>>..t.>- c:uz=.....JU'. lUa.cz:,~, ::!wWuJ' ~ ..._:r;~c. .- "'::0 i; ~u = <~': II' ,0' ,('J ~o .0 ~. t--~ $. - -\;;,~' >> go u .. u u l: o u ... = u 5 . ..-e u 0 ,J> tI o .. ..... .~ 0 ...... .. u ciS .2- u ~ u... ~ ;;-.~ ... ... 0 .. -i)' .. u f! l!5 <~ -... o 1. .. - "~I ,1.,;~~y}~ ~~tf>;'$~f;; - ,7,< ".', ,0 CJ .. a: ,1: ",",. till 11I1I ,,. w a. f:' "'l~~ Eo iSla! , ,1.1 ~'f" . . . I '" CUNNINGHAM Ie CHERNICOFF, P.C. o . ~. .'. .: -.... . " NILA R. DOYON, Plaintiff . . . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. rr,f- ~ "1St C'lui {~I2.""l v. . . NORMAND L. DOYON, JR., Defendant . . 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 Dauphin County courthouse, Harrisburg, 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 ENTERED, 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 COURT ADMINISTRATOR Cumberland County Courthouse, 4th Floor 1 Courthouse Square Carlisle, PA 17013-3387 Telephone: (717) 240-6200 CUNNINGHAM & CHERNICOFF, P.C. Byl:'", I"')f'J.\'\n ~,.),h...D :::l- W\l\tl'hr.IJ Paige Macdonald-Matthes, Esquire I. D. #66266 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 (Attorneys for Plaintiff) Date: /J.w;.ml!V" Z.'lIQll( . ,.::~, , .' v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 9S - "707 <30.-/ ~Q''1 NILA R. DOYON, Plaintiff NORMAND L. DOYON, JR. Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the plaintiff, Nila R. Doyon, by and through her attorneys, cunningham & Chernicoff, P.C., and seeks to obtain a Decree in Divorce from the Defendant and in support thereof avers as follows: 1. The Plaintiff, Nila R. Doyon, resides at 205 Susquehanna Avenue, Enola, Cumberland county, Pennsylvania. The Plaintiff is a citizen of the United States of America. 2. The Defendant, Normand L. Doyon, Jr., resides at 205 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania. The Defendant is a citizen of the United states of America. 3. The Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least the last six (6) months immediately previous to the filing of this Complaint. 4. The Defendant has been a bona fide resident in the , .. Commonwealth of Pennsylvania for at least the last six (6) months immediately previous to the filing of this complaint. 5. The Plaintiff and Defendant were married on February 21, 1990 in southington, Ohio. The parties were divorced on September 19, 1993 by a Decree of Divorce entered by the Ron. Thomas F. Norton, Court of common Pleas Judge for Trumbull County, Ohio at Docket No. 93-DR-56. The parties remarried on May 20, 1994 in Newton Falls, Ohio. 6. The Plaintiff avers as the grounds on which this action is based that: a. The Defendant has offered such indignities to the person of the Plaintiff, the injured and innocent spouse, as to render her condition intolerable and life burdensome 1 and b. Furthermore, the marriage is irretrievably broken. 7. The parties were previously divorced from one another on September 19, 1993 by a Decree entered in the Court 2 : >,~~'"":.~, >{"';<n?~.; ;A":;,;~.;, .~ , , of Common Pleas for Trumbull County, Ohio, Docket No. 93-DR- 56. The parties remarried on May 20, 1994 in Newton Falls, Ohio. 8. The Plaintiff has been advised of the availability of counseling and that the Defendant may have the right to request that the Court require the parties to participate in counselinq. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. Respectfully SUbmitted, CUNNINGHAM & CHERNICOFF, P.C. Date: ~mlleA Z'l.\~(" . BY~ n~~.j;..~~~.~ Paige MaCdonald-Matthes, Esquire I.D. 1166266 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 (Attorneys for Plaintiff) 3 J t ,. . " VERIFICATION I, Nila R. Doyon, verify that the statements made in the foreqoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904, relating to unsworn falsification to authorities. --;/.7J /~ NiJ..t1' R. Doyon Date: II-,..:J~'?.s- , . I " . , .' . , AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA . . . . . . SSI COUNTY OF DAUPHIN The Plsintiff, being duly sworn according to law, deposes and says that she is the Plaintiff in the above captioned matter and that she personally knows that the Defendant is over the age of eighteen (18) years. The Plaintiff further avers that the Defendant is not in the Military Service or in any branch of the Armed Forces of the United states of America or its Allies or otherwise within the provisions of the Soldiers' and Sailors' civil Relief Act of Congress of 1940 and its Amendments. Ni~::~ SWORN and Subscribed to Before me this ~ q day of v?1 oV.bn-o W, 1995. A-0J{jpnJ~4d}J NOTARY PUBLI [' , t~:JIJriJI 5aal Glar'lche A. r.torri:.>on. Notary Public Haui!:buT(1. DauphIn County MV Commlsrlcn EX~JlroS Nov. 8.1997 :.\.; 1~='.PlJr,r.s/;"',Jl1ta~'ofNotc1rioG ".,.','- ..........,h..., >,_'_., .'~~ ..,'~~",",..,_, ,_~,.-._.-_.~.,_ I .;! " . . . II . . . . , , . . AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : : ss; COUNTY OF DAUPHIN : I, Nila R. Doyon, being duly sworn according to law, depose and say: (1) 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. (2) I understand that the Court maintains II list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. (3) Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. 7/2} /.~~ N~a R. Doyon SWORN and Subscribed to Before me this dCJ day Of~i:-nl/,6~.-J, 1995. '::.J3b-1-c.//.U{} 1re:u.O./J'J NOTARY PUBLIC B NIJlan.11 Si~,'1 lanche A. Mor(j~o.,. Notary Public M Harrl:;burO. D.1tJpllln CounlV y Commi,!',on bp:ro5 Nov. 8. 1097 M~'fll!'".(.'f, Pf;rlr1Ylro'~1.t .:..~,-.....,.........~o, Nt. ........................, ,1:lf15 \' I .. . , ,. . NILA R. DOYON, . IN THE COURT OF COMMON PLEAS . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . NO. 6757 CIVIL 1995 . . . NORMAND L. DOYON, JR., . CIVIL ACTION - LAW . Defendant . IN DIVORCE . . A7P%DAV%T OP SBRV%CB COMMONWEALTH OF PENNSYLVANIA : ss: COUNTY OF DAUPHIN . . I, Paige Macdonald-Matthes, Esquire, being duly sworn according to law, do hereby state that I served a true and correct copy of the Complaint in Divorce filed to the within term and number, by personally handing the same to the Defendant, Normand L. Doyon, Jr., on November 30, 1995, at the law offices of Michael L. Bangs, Esquire, 302 South 18th street, Camp Hill, Pennsylvania. ~ll~~-~ Pa ge Macdonald-Matthes, Esquire Sworn to and Subscribed Befo~ me this \.3.tJ~day of '..L.f!2JP.,,,zkuJ, 1995 . ~fty . (Ja(JoMl'-dI1J My Commission Expires: N"~'li,ll ;,'.'al Blanche A. MCIf.~,ot1. Notary Public ~b~tl~lxHC1 (1dll;111111 County My CO:Tl:I1I.~~;:)~. i- ,;~I'l'~ Nov. 0,1997 ~"_.-. -"--~,:~..:,~~-.... .'.JIlof Not.1rioG , ,."~..~.;..~.",.+.....:_y.:.......;O.,.;rl'~ ~ ..._,"" ......-.... ._~""'" ' ".1 '.~''':':::;, ...-\ ~:} .:<' ''''' .' . \ 't' 0" f., ""':'~""~'"'''' ~ r- ~~ N N l~ - :c Q.. 0>- - ~~ i I l~ U LLJ C -' ~: \5 In G 0' ;-,... , " '. . _'.;0' '.. -,' ,_.. :; _ __.",.r ~, I .. . , "' .. NILA R. DOYON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-6757 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE v. NORMAND L. DOYON, JR. Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on November 29, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 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. 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.A. section 4904 relating to unsworn falsification to authorities. Date: 1/. /.3', fie. -/:~ /.~v___ ij.lla R. DOy , Plaintiff >. co -- r~ ..:1 (:~; , . . ;::, 9 "'.e LLlr~. h-;] 0"'" .~ .'....'1 ...... fE~ ~ .- l~ 0' ,e "l",., @" 1"" ~(J. c..: '-...:.. .,~ u:~~ 1.>.1 i I- e S l'- ..0 U Co... U . ~;""""""_ .",-'.4."""'. ,...-....."...: ...~_. ,r"_;"''''oO<_''___''''~._-''''''''''''''_ . . . . .. . " .. . v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-6757 CIVIL TERM NILA R. DOYON, plaintiff NORMAND L. DOYON, JR. Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~J301(CI OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 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. S4904, relating to unsworn falsification to authorities. Date: 1/. J_?~tJ '/5~ /, ~ '?: .If': ~ Niia R. Doyon, Plaintiff :0. .... ct> '- t " . - 9 '.-:-J :<-r. u r I ,).,.. do:, .- J :'.{~ If' -:..: .. . ~~- <r;-: c' : ~;~ r. '" o.:~.' <... ;lru l..; ;qu.. 0" ~ 0.... L', '-0 :5 0 c:' '-' ? r ~ ~, ~ " . . .. . -~ . ... . , . I . v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-6757 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NILA R. DOYON, plaintiff NORMAND L. DOYON, JR. Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on November 29, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 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. 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.A. Section 4904 relating to unsworn falsification to authorities. .:' " Date: II/zr/1.6 . ~ j- ~. 1'. :lj " ~'I ~i <i j;,',t 'f. ~j 1 ti 1 , , ':~.t, ,; I ~,......-..-.._..."",,-.:_~~.. , "_~"""_""" "H-.,-"""""-""_",,-,,_ ~ ..... . CIt. C!:,,, .. f" ~ '~ . . " . ~.\ '. \ ~.- . \ ~, ~ ~. ~U c- ~ \ ...... -;l!; ....' ~\e:::! ~~ .;:.~ '2.:~ .....~ roo' ~ ti2~ '{J. b: C::) ~, - 0-: " wQ 8 ':''i .. c.).. .'. <~ fEr' -- .!z I.",: :::: ~ ",-:" .'. ~f: ~~ "(n .~ 1;2 (tl'. e..' fe, L:.l :lJ"J c, "u. u. '. 0 \0 .-) "" G , .. . . ,. . . -. . , .. . NILA R. DOYON, Plaintiff . . . . . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 95-6757 CIVIL TERM . . NORMAND L. DOYON, JR. Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 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. !i4904, relating to unsworn falsification to authorities. Date: "hi/1], . . . . . . =. :z: ::0 0 m ,... <: n . m . - . I N - < . US m . . ~ C . . ',' >- cn er. ..;J - ~. " 5..... (' 9 .).....; ~;: - ~: ~-~ &:~, -- ~- ..;; :J2 t. -~ (,"') " ')7 ", , -? , ,- -0" L.~ Jt,U u:~ ; l..: i.i~ ;:: C. ::i [I., L"J U c.'\ () . .. .