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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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STATE OF 1~~! PENNA.
\ ..""<f......; ..r
AMY E, McNAUGIITON,
,"' 97-1593
l' II.
PluintiCf
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NATIIAN K. McNAUGIITON.
Defendant
DECREE IN
DIVORCE
ANDNOW......J.,..ll-.~...,.........., 19.'17.... it is ordered and
decreed that........ A~Y. E... .~~.N.~l!g!l.t.~I!...................., plaintiff.
and................. .~~.t.h~~..K.,..N~.N.'~l!ght.~'!..............., 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;
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NOW, THEREFORE, in consideration of the premises and of the mutual promises,
covenants and undertakings hereinnfler set forth and for other good nnd valuable consideration,
receipt of which is hereby acknowledged by ench of the parties hereto, WIFE and HUSBAND, each
intending to be legally bound, hereby covenant nnd agree as follows:
SECTION A, GENERAL PROVISIONS
A.1. SEPARATION: WIFE and HUSBAND may hereafter live separate and apart as if
unmarried. Each shall be free from nny direct or indirect control, restraint, interference of authority,
by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use
or benefit, conduct, carry on and engage in any business, occupation, profession or employment at
such locations which to him or her may scem advisable. The parties are free to mutually and
voluntarily make any efforts at rcconciliation as he, she or thcy may deem advisable. Nonetheless,
this Agreement shall remain in full force and effcct during thc period of any reconciliation and may
only be revokcd in writing by both parties.
The foregoing provisions, however, shall not be taken to be an admission on the part of either
WIFE or HUSBAND of the lawfulness or unlawfulncss of the causes leading to their living apart.
A.2. MUTUAL CONSENT DIVORCE: The parties hereto acknowledge that WIFE has
filed II Divorcc Complaint to Cumberland County Number 97-1593 Civil Term and the parties
hereto intend to secure a mutual consent, no. fault divorce pursuant to the terms of Section 3301(c)
of thc Divorce Code of 1980. HUSBAND hercby expresses his agreement that the marriage is
irretrievably broken and exprcsses his intcnt to execute any and all affidavits, waivers or other
documents necessnry for the parties (0 obtain a divorce pursuant to Section 330 I (c) of the Divorce
Code after the expiralion of the 90 day waiting period. The parties hereby waive all rights to request
Court-ordered counseling under the Divorce Code. ll1is Agreement shall not, however, be contingent
upon the granting of a divorce in this case.
2
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A,3 EFFECf OF DIVORCE DECREE: Thc partics agrcc that unless otherwise
specifically provided herein, this Agrccmcnt shall continue in full forcc and cffcct aftcr such time
as a final Decrcc in Divorcc may bc cntcrcd with rcspcct to thc parties.
A,4 DISTRIBUTION DATE: Thc transfcr ofpropcrty, flUIds and/or documents provided
for herein, shall only take place on the "distribution datc" which shall be defined as the date of
cxecution ofthis Agreemcnt unless otherwisc specificd herein. Ilowever, the support and/or alimony
payments, ifany, providcd for in this Agrcement shall takc cffcct as set forth in this Agrcement.
A,S EXECUTION DATE: The phrase "date of execution" or "execution date" of this
Agreement shall be defined as thc date upon which the last party signed this Agrcement.
A.6 MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise,
relcase, quitclaim and forevcr 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, title and interests, or claims in or
against the property (including incomc and gain from propcrty hereaftcr accruing) of the other and
against the estate of such other, of whatever naturc and whercsoever situate, which he or she now
has or at any timc hercafter may have against such othcr, thc cstate of such othcr or any part thereof,
whether arising out of any fomlcr acts, contracts, engagcments or liabilities of such other or by WilY
of dowcr or curtsey, or claims in thc naturc of dower or curtsey or widow's or widower's rights,
family cxemption or similar allowance, or under the intestate laws, or thc right to take against the
spousc's will; or thc right to trcat a Iifctimc convcyance by thc othcr as testamcntary, or all other
rights of a surviving spousc to participatc in a dcceased spouse's cstate, whcther arising under the
laws of (a) Pcnnsylvania, (b) any State, commonwcalth, or territory of the Unitcd States, or (c) any
othcr country, or any rights which cithcr party may have or at any time hereinafter have for past,
prescnt, or futurc support or maintcnancc, alimony, alimony pendente lite, counsel fees, costs or
3
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expenses, whether arising as a result of the marital relation or otherwise, 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 thereof. It is the intention of HUSBAND and WIFE to give to
each other by the execution of this Agreement a full, complete, and general release with respect to
any and all property of any kind or nature, real. personal or mixed, which the other now owns or may
hereatler acquire, except and only except nil rights nnd agreements nnd obligations of whatsoever
nnture arising or which may arise under this Agreement or for the breach of any thereof.
A.7 WARRANTY AS TO EXISTING OBLIGATIONS: During the course of the
marriage, WIFE and HUSBAND havc incurred certain Iiabililies and it is hereby agreed, without the
necessity of ascertaining for what purpose and to whose use cach of the bills wns incurred, that of
the liabilities which were incurred prior to the date of the execution of this Agreement, WIFE and
HUSBAND each covenants. represents. warrants lInd agrees that, except as m~y be otherwise
specifically provided for by the terms of this Agrecment, as of the date of execution of this
Agreement. no unpaid liabilities remnin which were incurred by him or her or on his or her behalf
for which the other party may be deemed linble. nnd, if any such debts or obligations should be
determined to have existed as of the date of execution of this Agreement, except as set forth below,
the party who incurred that debt shall indemnify and hold the other party harnlless from and against
any loss or Iillbility and costs or expense, including attorney's fees, incurred ns a result of those
linbilities.
A,S WARRANTY AS TO FUTURE OBLIGATIONS: WIFE and HUSBAND each
covenants, represents, warrants and agrees that, except as may be otherwise specifically provided for
by the terms of this Agreement, neither of them shall hereatler incur any liability whatsoever for
which the other or the estate of the other may be liable and ench now and at all times hereatler shall
indemnify and hold the othcr party hannless from and against any such liabilities, costs or expenses,
including attomeys' fees. relating thereto incurred by the other pnrty after the date of the execution
of this Agreement.
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cstate, liabilities and nceds of each of thc partics; the contribution of each party to the cducation,
training or incrcased carning powcr of the other party; the opportunity of each party for future
acquisitions of capital assets and income; the sources of income of both parties, including but not
limited to medical, retiremcnt, insurancc or othcr benefits; the contribution or dissipation of each
party in the acquisition, preservation, depreciation or appreciation of the marital property, including
thc contribution of each spouse as a homemaker; the value of the property set apart to each party;
the standard ofliving of the parties established during the marriage; and the economic circumstances
of each party at the time the division of property is to become effective.
The division of existing marital propcrty is not intended by the parties to constitute in any
way a sale or exchange of assets; and the division is being effectcd without the introduction of
outside funds or other property not constituting marital property. The division of property under this
Agreement shall be in full satisfaction of all marital rights ofthc parties.
C.2 DIVISION OF PERSONAL PROPERTY: The Pllrties will divide between them, to
their mutual satisfaction, the personal effects, household furniture lInd furnishings, and all other
articles of personal property which have heretofore been uscd by them in common, and neither party
will make any claim to any such items which will be in the possession or under the control of the
other. Should it become necessllry, the parties each agree to sign any titles or documents necessary
to give effect to this pllragraph upon request. The above division of property shall include any
insurance policies covering thllt property and escrow accounts relating to that property.
C,3 MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of
the parties, they agrce as follows:
A. The 1992 Mazda Protegee shall be and remain the sole and exclusive property of WIFE;
B. The 1992 Geo Metro and the Yamaha rnotorcycle shall be and remain (he sole and
exclusive property of HUSBAND.
6
Each party agrees to be solely responsible for the amounts prcsently due and owing against
his or her respective automobiles and shall indemnify the other against any liability either may incur
on the outstanding loans on the other's vehicles.
C.4 BANK ACCOUNTS: WIFE and HUSBAND acknowledge that each may possess
certain bank accounts in their respective names. They hereby agree that each shall become the sole
owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds
held by the other in such accounts. Specifically, HUSBAND shall be entitled to retain as his sole
property the Mellon Bank Account. WIFE shall be entitled to retllin as her sole property the West
Shore Federal Credit Union Account.
C.5 PENSIONS, ANNUITIES AND/OR RETIREMENT BENEFITS: Each party
hereby releases and relinquishes any and all claims which he or she may have to any pension,
benefits, 401(k) benefits, insurance benefits or proceeds, deferred compensation, salary continuation
or any other employment benefits to which the other is now or may hereinafter become entitled.
C,6. RELEASE OF CUMBERLAND COUNTY PROPERTY: HUSBAND agrees to
transfer all his right, title and interest in and to the real estate situated at 4190 Kittatinny Drive,
Mechanicsburg, Cumberland County, Pennsylvania, now titled in the name of HUSBAND and WIFE
as tenants by the entireties to WIFE and agrees to immcdiately execute now or in the future any and
all dceds. documents, or papers necessary to effect such transfer of title upon request. HUSBAND
further acknowledges that he has no claim, right, interest, or title whatsoever in said propcrty or in
any increase in value to said property and furthcr agrees never to assert any claim to said property
in the future. Said transfer shall be effective immediately and shall be binding regardless of the
marital status of the parties.
7
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF -.OAu 1"~1I,.u SS:
On this, the ~
day of () t""- I I
, 1997, before me, a Notary Public, the
undersigned officer, personally appeared AMY E. McNAUGHTON, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the foregoing Post Nuptial
Agreement and acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
fLrp f! 'f,iaY
Notary Public
NOlar;,11 Seal
Grace E. Spill/, NOlilry Public
Susqu(:hJ.nn~11wD" Dnup!lin Counly
My CommIssion Expiros Mi.!Y 9. 19ge
M"'l>Jr.P.":s'I:V"""~ofNotJrles
11
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~Dt1(JF'llllJ SS:
On this, thc vi
day of (If'(~ 1\
, 1997, beforc mc, a Notary Public, the
undersigned officcr, pcrsonally appcarcd NATHAN K. McNAUGHTON, known to mc (or
satisfactorily proven> III bc the pcrson whosc name is subscribed III the foregoing Post Nuptial
Agreement and acknowledged that hc executcd the samc for the purposes therein contained.
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IN WITNESS WHEREOF, I hereunto set my hand and official seal.
lZa~p;? Sr.ta9
Notary Public
Notarial Soal .
Groce E. Sp:lol. ~IOI.11'/ PUl2'I~
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AMY E. McNAUGHTON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. q'l- 1593 c..w..Q ~J (tl
: CIVIL ACTION - LAW
: IN DIVORCE
NATHAN K. McNAUGHTON,
Defendant
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.
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.
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.
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, P A 170 I 3
717-240-6200
AMY E. McNAUGHTON,
PlaintifT
: IN TIlE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
~ NO. f)'7- 1~-?3 (.~~.~-U--.
v.
NATHAN K. McNAUGHTON,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
COMPLAINT UNDER SECTION 3301(c)
OR 3301(dl OF THE DIVORCE CODE
1. PlaintifT is AMY E. McNAUGHTON. currently residing at 4190 Kittatinny Drive,
Mechanicsburg, Cumberland COllnty, Pennsylvania 17055.
2. Defendant is NATHAN K. McNAUGHTON, currently residing at 4190 Kittatinny Drive,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. PlaintifT and Defendant have been bona fide residents in the Commonwealth for at least
six (6) months immediately previolls to the filing of this Complaint.
4. The PlaintifT and Defendant were married on November 12, 1994 in Camp Hill,
Cumberland County, Pennsylvania.
5. PlaintifTavers that there are no children of the parties under the age of 18,
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6. Thcrc havc bccnno prior nctions of divorcc or for H1l1luhncnt bctwccn thc partics.
7. Ncithcr ofthc partics in this nction is prcscntly n mcmbcr ofthc Armcd Forccs.
8. Thc PlninlilT nnd Defcndnnt nre both citizens of the United Stntes.
9. PlaintifThas been adviscd ofthc avnilability of marriage cowlscling and that she may have
thc right to requcst that thc Court rcquirc the partics to participatc in counscling prior to a divorcc
dccrcc bcing handcd down by thc Court.
COUNT I - DIVORCE
10, Paragraphs I - 9 arc hcrcin incorporatcd by rcfcrcnce.
II. Thc Plaintiffavcrs that thc grounds on which the action is bascd are as follows:
(a) That the marriagc is irrctricvably brokcn.
2
WHEREFORE, Plaintiff rcqucsts thc Court to cntcr a Dccrcc of Divorcc.
Rcspectfully submitted,
i!l1AUfJ ,7 JkMM
JE NIFER . LEHMAN, ESQUIRE
Attorney J.D. #52784
Suite 207
3540 North Progrcss Avenue
Harrisburg, P A 17010
(717) 671-1200
Dale: 3,..nJ/7
3
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. (17-1~4J
,I
,
.
AMY E. McNAUGHTON,
Plaintiff
NATHAN K. McNAUGHTON,
Defendant
: CIVIL ACTION . LAW
: IN DIVORCE
Date:
3- 2rf'17
'~l'
ACCEPTANCE OF SERVICE
I, NATHAN K. McNAUGHTON, Defendant in the above-captioned action, hereby
acknowledge that on the date indicated below, I received the following documents:
I) A certified copy ofa Complaint Under Section 3301(c) or 3301(d) of the Divorce Code
filed in the above action;
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AMY E. McNAUGHTON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 97-1593
NATHAN K. McNAUGHTON,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under 93301(c) of the Divorce Code was filed on March 27,
1997.
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 verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject 10 the penalties of 18 Pa. C.S. 94904 relating to unsworn
falsification to authorities.
Date: 7-11- 97
#1 2t~_.
NATHAN K. McNAU TON
DEFENDANT
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AMY E, McNAUGHTON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 97-1593
NATHAN K. McNAUGHTON,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 330I(c)
OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce withoul notice.
2. I undersland that I may lose righlS 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 nOl be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be senlto me immedialely after il is filed with the prothonotary.
I verify thalthe stalements made in this affidavit are lrue and correct. I understand that
false statemenlS herein are made subjeclto the penallies of 18 Pa. C.S. 94904 relating to unsworn
falsification to aUlhorities.
Date:~
(
AMY E. cNAUGHTON
PLAINTIFF
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AMY E. McNAUGHTON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY . PENNSYLVANIA
v.
NO, 97-1593
NATHAN K, McNAUGHTON.
Defendant
CIVIL ACTION - LAW
IN DIVORCE
I.
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WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c)
OF THE DIVORCE CODE
1. I consent to the enlry of a final decree of divorce without notice.
2. I understand that I may lose righlS concerning alimony. division of property, lawyer's
fees or expenses if I do not claim lhem before a divorce is granted.
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3. I understand thaI I will nOI be divorced until a divorce decree is enlered by the Court
and that a copy of the decree will be senllO me immediately after il is filed with the prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand thaI
false statemenlS herein are made subjecllo the penalties of 18 Pa. C.S. 94904 relating to unsworn
falsification to authorities.
Date:
/- /1- q7
I. 1!'1/.;
ATHAN K. McNAUGHTON
DEFENDANT
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AMY E. McNAUGHTON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 97-1593
NATHAN K. McNAUGHTON,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE OF ELECTION TO RESUME MAIDEN NAME
Notice is hereby given that a final decree in divorce having been granted on the .2lu1f!ay
of J u Iv
, 1997. Plaintiff hereby elects to resume her maiden name of Geib and gives
this written notice of her intention in accordance with the provisions of 54 Pa.C.S. Section 704.
(Lrru~ E. mCN~~
!\ Y E. McNAUGH N
To be known as
CLrn-~ ~, ~)
A E.GEI
COMMONWEALTH OF PENNSYLVANIA
: SS:
COUNTY OF
On the I.!f day of ~ . 1997. before me, a Notary Public.
personally appeared Amy E. M Naug ton. known to me to be the person whose name IS
subscribed to the within documcnt and acknowlcdgcd that shc cxccutcd thc forcgoing for thc
purposc thcrein containcd.
IN WITNESS WHEREOF. I havc hcrcunto sct my hand and official scal.
~ ^>')l~
NOlary Public
Not. '~ill Soal
Frances ^.lho<Jc, tlolary Pubflc
Harrisburg. Dauphin County
',1y Commi~sion Ex-pires March 16. 1998
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