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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
MARTIN J. NAGY,
Plaintiff
No. 2000 - 1486
CIVIL
VERSUS'
DOROTHY J. NAGY,
Defendant
DECREE IN
DIVORCE
AND NOW,
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, 2000 , IT IS ORDERED AND
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DECREED THAT MARTIN J. NAGY
, PLAINTIFF,
AND
DOROTHY J, NAGY
, 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 BEE':N ENTERED;
The Marriage Settlement Agrement dated March 8, 2000 is
hereby incorporated inti this Decree in Divorce.
By THE COURT:
ArrmjJ&h~
J,
PROTHONOTARY
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MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT made this 1 day of f'Yl1lt'Ze.h r 2000 r by
and between Martin J. NagYr (hereinafter referred to as "Husband")
and Dorothy J. Nagy, (hereinafter referred to as "Wife").
WITNESSETH:
WHEREAS, the Husband and Wife were lawfully married on May 28,
1983; and
WHEREAS, differences have arisen between Husband and Wife in
consequence of which they intend to live apart from each other; and
WHEREAS, two children were born of this marriage, Kirsten June
Nagy, born on March 19r 1987 and Ke1si Jo NagYr born December 11r
1989; and
WHEREAS, Husband and Wife desire to settle and determine their
rights and obligations; and
NOW, THEREFORE, the parties intending to be legally bound
hereby do covenant and agree as follows;
1 . SEPARATION
It shall be lawful for each party at all times hereafter
to live separate and apart from the other party at such place or
places as he or she may from time to time choose or deem fit. The
foregoing provisions shall not be taken as an admission on the part
of either party as to the lawfulness or unlawfulness of the causes
leading to their living apart.
2, INTERFERENCE
Each party shall be free from interference, authority,
and contact by the other as fully as if he or she were single and
unmarried except as maybe necessary to carry out the provisions of
the agreement. Neither party shall molest the other nor attempt to
endeavor to molest the other, nor compel the other to cohabit with
the other, or in any way harass or malign the otherr nor in any way
interfere with the peaceful existence, separate and apart from the
otherr and each party hereto completely understand and agree that
neither shall do nor say anything to the children of the parties at
any time which might in any way influence the children adversely
against the other party,
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3. DIVISION OF PERSONAL PROPERTY
The parties have agreed to divide between them and
already have divided between them to their mutual satisfaction the
personal affects, household furniture and furnishings and all other
articles of personal property which heretofore have been used by
them in common. Neither party will make any claim to any such
items which are now in the possession or under the control of the
other,
4 . AUTOMOBILES
The Wife is the driver of a leased Chevrolet Blazer, The
Blazer lease expires on January 1, 2002. The lease shall remain in
the name of Husband and Wife with Wife listed as the primary
driver. Husband shall make the monthly lease payments and pay the
insurance premium in leu of any child support obligation. Wife
shall be responsible for all maintenance and repairs related to the
Blazer. Wife shall be responsible for any balloon or charges at
the end of the lease. If Wife elects to terminate the lease prior
to January 1, 2002, Husband shall have no further duty to make any
payments related to Wife's Blazer or any other vehicle, Wife
agrees to indemnify and hold Husband harmless for all liability and
expenses related to the Blazer except the lease payment and vehicle
insurance. Husband shall be responsible for all costs, insurancer
fees, liens and other expenses related to any vehicle he owns.
Husband shall indemnify and hold Wife harmless for all liability
and expenses related to his vehicle.
5. DIVISION OF REAL PROPERTY
The real estate owned by the parties as tenants by the
entireties situated at 437 Virginia Road, Mechanicsburg, Cumberland
County, Pennsylvania shall be conveyed in fee simple to the
Husband. Husband shall assume full responsibility for all
maintenancer taxes and the payment of the existing mortgages and
notes. Husband shall indemnify and save Wife harmless from any
liability on the accompanying mortgages, notes or other expenses
related the former marital home. In the event the house is sold
within seven (7) years, Wife shall receive 50% of any proceeds from
the sale of the house. If sold after seven (7) yearsr Wife shall
receive 33% of the net proceeds of the sale of the former marital
residence, Wife shall not be liable for any deficiency related to
the sale of the home. From time to time Husband shall make a good
faith effort to refinance the former marital home so as to remove
Wife's name from the mortgages and notes.
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6. PENSION/RETIREMENT
Husband and Wife shall maintain their separate pension
and/or retirement accounts, if any. Husband relinquishes any and
all rights he may have in Wife's pension or retirement accounts and
Wife relinquishes any and all rights she may have in Husband's
pension or retirement accounts.
7 . MARITAL DEBTS
Husband and Wife accumulated joint marital debt during
their marriage. Husband shall be responsible for all marital debts
solely in his name and Wife shall be responsible for all marital
debts solely in her name. Husband agrees to be responsible for the
Blazer lease payments and mortgages on the marital home. The joint
debts have been equitably divided between the parties such that
Husband shall be responsible for the PNC Vehicle Leasing, First USA
VISA, First Card VISA, MBNA MASTERCARD and Beneficial debts, Wife
shall be responsible for the Discover, CitiBank VISA, providian
MASTERCARD and CitiBank MASTERCARD debts. Each party agrees to
indemnify and hold the other harmless for their debts pursuant this
agreement. Each party shall make reasonable efforts to transfer
the joint accounts into an individual account. Neither party shall
attempt to discharge a marital debt through bankruptcy. Neither
party shall incur new debt on joint accounts,
8. SHARED CUSTODY
The parties agree that they shall share legal custody of
the children, This means that the parties shall consult with each
other regarding the major parenting decisions affecting the
children's health, education and welfare. Physical Custody shall
be shared contingent upon the work schedule of the parties.
9. CHILD EXPENSES
Husband agrees to pay for the children's school and dance
expenses. Other major expenses shall be discussed before
commitment and the cost shall be shared equally. Wife agrees that
Husband shall claim the children as his dependants for tax
purposes. Husband agrees to continue to cover the children on his
medical insurance so long as it remains available through his
employer at a reasonable cost. Husband has the right to change
coverage provided the children's primary physician does not change.
Husband and Wife agree to equally share the cost of any of the
children's medical expenses that are not covered by either parent's
insurance.
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10. SUPPORT/ALIMONY/ALIMONY PENDENTE LITE
The parties hereby waive, release, discharge and give up
any rights either may have against the other to receive spousal
support, alimony pendente lite or alimony.
11. JOINT FILING OF IRS RETURN
Husband and Wife agree to file a joint tax return for tax
year 1999 and separately in all subsequent years.
12. DIVORCE
The parties agree to cooperate with each other in
obtaining a final divorce of the marriage under section 3301(c)
or(d) of the Divorce code.
13. SUBSEQUENT DIVORCE
Nothing herein contained shall be deemed to prevent
either of the parties from maintaining a suit for absolute divorce
against the other in any jurisdiction based upon any past or future
conduct of the other, nor to bar the other from defending any such
suit, In the event any such action is instituted or concluded, the
parties shall be bound by all of the terms of this agreement.
14 . INCORPORATION INTO DIVORCE DECREE
This agreement is to be incorporated into any subsequent
Decree in Divorce,
15. CONTINUED COOPERATION
The parties agree that they will within fifteen days
after the execution of this agreement execute any and all written
instruments assignmentsr releases, titles, deeds or notes or other
such writings as may be necessary or desirable for the proper
effectuation of this agreement.
16. 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 damages for such breach, and the party breaching this
contract shall be responsible for the payment of legal fees and
costs incurred by the other in enforcing their rights under this
agreement or for seeking such other remedies or relief as may be
available to him or her.
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17 . VOLUNTARY AGREEMENT
The provisions of this agreement are fully understood by
both parties and each party acknowledges that the agreement is fair
and equitable, that it is being entered into voluntarily, and that
it is not the result of any duress or undue influence, Each party
has had the opportunity to review this agreement and consult with
an attorney of their choice.
18 . WAIVER OF CLAIMS AGAINST ESTATES
Except as herein otherwise provided, each party may
dispose of his or her property in any way, and each party hereby
waives and relinquishes any and all rights he or she may now have
or hereafter acquire 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, curtesy, statutory allowance, widows allowance, right to
take in intestacYr right to take against the will of the other and
the right to act as administrator or executor of the other 's
estate.
19. BINDING AFFECT
This agreement shall be binding upon the parties' heirsr
successors and assigns.
20. MODIFICATION AND WAIVER
Any modification or waiver of any of the provisions of
this agreement shall be effective only if made in writing and
executed with the same formalities as 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. PRIOR AGREEMENTS
It is understood and agreed that any and all prior
agreements which may have been made or executed or verbally
discussed prior to the date and time of this agreement are null and
void and of no affect.
22 . 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.
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23, DESCRIPTIVE HEADINGS
The descriptive headings used herein are for convenience
only, They shall not have any binding affect whatsoever in
determining the rights or obligations of the parties.
24 . APPLICABLE LAW
This agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, the parties
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set their hands and seals
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Marti J. Na
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Date
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Dor thy J. gy
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Commonwealth of Pennsylvania:
County of C\t"",b~f<.IIl,.;J
ss
PERSONALLY APPEARED BEFORE ME, this 'f/ day of this tV! I'frtc..h ,
2000, a notary publicr in and for the Commonwealth of Pennsylvania,
Martin J, Nagy, known to me (or satisfactorily proven to be) the
person whose name is subscribed to the within agreement and
acknowledged that he executed the same for the purposes herein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal,
~.",l7A {j, rY/(lAA do':"
Nary Public
Notarial Seal
C Judlth A. Mundis. Notary Public
amp Hili Boro. Cumbertand CC'Unty
My Commission expires May 10; ~003
Member, Pennsylvanle AHWletlOIl 0/ NOtal1es
Commonwealth of Pennsylvania:
County of e...""\,4,<.(,q",d
ss
PERSONALLY APPEARED BEFORE ME, this ~ day of this h7"Jr(cl-, ,
2000r a notary publicr in and for the Commonwealth of Pennsylvania,
Dorothy J. Nagy, known to me (or satisfactorily proven to be) the
person whose name is subscribed to the within agreement and
acknowledged that she executed the same for the purposes herein
contained,
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Nary Public
Notarial Seal
eaJUdlth A. Mundis, Notary Public
mp HlI/lloro. Cumberland County
My Commission Expires May 10,2003
Member, PennsylVania Association of Notaries
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MARTIN J. NAGY r
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000 -1486 CIVIL TERM
DOROTHY J. NAGYr
DEFENDANT
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information,
to the Court for the entry of a divorce decree:
1, Ground for divorce: irretrievable breakdown under Section
3301(c) of the Divorce Code.
2. Date and manner of service of the complaint: On March 16,
by Acceptance of Service by Defendant.
3, Date of execution of the affidavit of consent required by
Section 3301(c) of the Divorce Code: By Plaintiff, June 20, 2000;
By Defendant, June 21, 2000.
4.
Related claims pending:
None
5. Date Plaintiff's Waiver of Notice in ~ 3301(c) divorce
was filed with the Prothonotary on June 23, 2000.
Date Defendant's Waiver of Notice in ~ 3301(c) divorce
was filed with the Prothonotary on June 23r 2000.
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Thomas D. Gould, Esquire
Attorney For Plaintiff
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 2000 - 1'-1- 8~ CIVIL TERM
MARTIN J. NAGY r
PLAINTIFF
DOROTHY J, NAGY r
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 pagesr 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 is indignities or irretrievable breakdown
of the marriage, you may request marriage counseling. A list of
marriage counselors is available in the Court Administrator 1 s
Office, Fourth floorr Cumberland County Courthouse, Hanover and
High Streets, 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.
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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MARTIN J. NAGY,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000 -NPh CIVIL TERM
DOROTHY J. NAGY,
DEFENDANT
IN DIVORCE
COMPLAINT UNDER SECTION 3301(0) OR
3301 (d) OF THE DIVORCE CODE IN DIVORCE
1. The Plaintiff is Martin J. Nagy who resides at 437
Virginia Road, Mechanicsburg, Cumberland County, Pennsylvania
17055.
2. The Defendant is Dorothy J. Nagy who resides at 4810
Charles Road, apartment #1, Mechanicsburg, Cumberland County,
pennsylvania 17055.
3, The Plaintiff and Defendant have been bona fide residents
of the Commonwealth of Pennsylvania for at least six months
immediately prior to the filing of this Complaint,
4. The Plaintiff and Defendant were married on May 28, 1983
in Cambria County, Pennsylvania.
5, There have been no prior actions of divorce or annulment
between the parties in this or any other jurisdiction.
6. The marriage is irretrievably broken.
7, The Defendant is not a member of the Armed Services of
the United States or any of its Allies.
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8. The Plaintiff has been advised of the availability of
counseling and that Plaintiff may have the right to request that
the Court require the parties to participate in counseling.
9, Plaintiff requests the court to enter a decree of divorce.
tL,,_ 'b. ~
Thomas D. Gould
Attorney for Plaintiff
LD, if 36508
2 East Main Street
Shiremanstown, PA 17011
(717) 731-1461
VERIFICATION
I verify that the statements made in this Complaint are true
and correct,
I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn
falsification to authorities.
Date: ,-5 /1~/ :2OtJO
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Martin tt Nag~
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MARTIN J. NAGY,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000 -1486 CIVIL TERM
POROTHY J. NAGY,
DEFENDANT
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the
Divorce Code was filed on March 14, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of the
filing and service of the Complaint.
3, I consent to the entry of a Final Decree of Divorce after
service of notice of intention to request entry of the decree. I
acknowledge that pursuant to Rule 1920.42(e) I have waived the
requirement that I receive notice of intention to request entry of
the decree.
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 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
DATED:
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Doroth J. Na
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MARTIN J. NAGY,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000 -1486 CIVIL TERM
DOROTHY J. NAGY,
DEFENDANT
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the
Divorce Code was filed on March 14,2000.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of the
filing and service of the Complaint,
3. I consent to the entry of a Final Decree of Divorce after
service of notice of intention to request entry of the decree. I
acknowledge that pursuant to Rule 1920,42(e) I have waived the
requirement that I receive notice of intention to request entry of
the decree.
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 18 Pa. C.S, Section 4904 relating to unsworn
falsification to authorities.
DATED:
r; /o<(} Ie/ON)
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~TIN J, NAGY r
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000 -1486 CIVIL TERM
DOROTHY J. NAGY,
DEFENDANT
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(0) OF THE DIVORCE CODE
1. I consent to the entry of a final decree 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 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
DATED:
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Martin JPNagy
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MARTIN J. NAGY,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO. 2000 -1486 CIVIL TERM
DOROTHY J. NAGY,
DEFENDANT
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(0) OF THE DIVORCE CODE
1. I consent to the entry of a final decree 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 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
DATED:
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Doroth. J. Na
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MARTIN J. NAGY,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000 -1486 CIVIL TERM
DOROTHY J. NAGY,
DEFENDANT
IN DIVORCE
AFFIDAVIT OF SERVICE
I, Thomas D. Gould, attorney for Plaintiff, in the above
captioned action for divorcer hereby certify that a conformed and
certified copy of the Complaint in Divorce was served upon the
Defendant by depositing the same in the United States mail on March
14r 2000 pursuant to Rule 1920,4 of the Amendments to the
Pennsylvania Rules of Civil Procedure relating to the Divorce Code,
As indicated by the signed Acceptance of Service attached hereto,
the Complaint was received by the Defendant on March 16, 2000.
7h-QA D. ~~
Thomas D. Gould
ID # 36508
Attorney At Law
2 East Main Street
Shiremanstown, PA 17011
(717) 731-1461
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MARTIN J. NAGY,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO, 2000 -1486 CIVIL TERM
DOROTHY J, NAGY r
DEFENDANT
IN DIVORCE
ACCEPTANCE OF SERVICE
I, Dorothy J, Nagy, accept service of the Complaint In Divorce
in the above captioned matter.
Dated: J1jOr.( ~ f~, ~O()()
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Dorothy ~, Na::T/
4810 Charles Road Apt #1
Mechanicsburg, PA 17055
DEFENDANT
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