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Home My WebLink About98-04500 < , " .' ',.' .' \' , . .....' <l. {. . " ' "." .' . : " \ .' I ", . ~ . \ , . ", ." r ..... , ~--~.*~.~**,~,~,~**~.~.~~.~.~.>**~**.*.~~~~ ~ .,_..-.........."...",.~~.~-~ ......~, ,..- " .~ .~.'~" . . .... ",." . -.--~.. -.. ~ -~ .-... .' ."~~...~".......~, ......,...-- ..-,~.."...' ....p.., ~ ,;, ~ ~ ',' IN THE COURT OF COMMON PLEAS ~ ~, ,', ~ OF CUMBERLAND COUNTY " <> ~!i' ..~,~~~ IJ"-. ) ":r, ,. }i(1 ~ ....,;1~:t.,e.... l' I ..o..,:..;............r PENNA, $ STATE OF $ ;i: ',' ,', ~ SHEILA M. NANCE, :\ I' 98-4500 CIVIL TERM . . .,.- " -".,. ._", ,. ,., ".., ,", . ,', ~ $ ~ $ PLAINTIFF \' t 'l'.~ II:; GREGORY I). NANCE, $ DEFENDANT ~ ',' /; ~ ;i: ',' DECREE IN DIVORCE AN 0 NOW, .. ,~ ..t '\. .. .. .. " 19,?f!\, it is ordered and ~ ~ ~ ~ ~ ,', ~ ~ :": ~ ~ decreed that"",' ,shei;I.a '~!." .~aJ;lCe. ",.".', ' .", ,."",.." plaintiff. and, " ,,<?:r,~g(?!:y' .f?,. ~qI).<;:!!, ., ." , " , ' ., ,. , . . . , , " , , , . ,. . . ", 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; ~O~ .............. .......... ............... ......... ...... .........,........... ".."".".",."."","",.., 'u'y' 'V>.' ;10/./................... I' ~ v .~ .., .,... ...,...'.., - . ..- -.. ..'.. .. ~ AUc51: tad; '7?-1Y '&t7-T4.,{~/ J, ~ ..'#1-?111~ . 1<": ~ft,r. ('l,r... '''' H" ~ f' "'7?/ Prothonotary ~ I * ~ -, . . .-..-..~..---,-_.~~--..~~.~,..~.....~-...."-,...--,~,-"--,.----..'~'~-...........-~-------..~..-,._...~ . ,)~ ~~).. .~:',~.:' .~.:..~.:. .=+:. -.:.~. '.fo:', .:.:. -:+:. .:+;. .:.;. -:+;. -:+;. -:+;. .~+;. -:~:- .:+;. .:+;. .:+:. .:+;. .:.:. .:..;. .:~;..:.:.-:":. .:.;: ~..}:;;:.:+:.: ~ ~ ~.~ ~ ;-: ~ ~\ ~ ~ !.~ ~ ~ $ ~ " ~ ~, ~ ',' ,', ~ ~ ',' ~ ~7 ~ ',' $ s ~ ~ ~ ~ ~ ~; ~ ~.' ,.; ~ , ~ ~ ~.~ <, ~ ~ ~ ~ ~ $ ~ ~ ~ ~.' $ $ ~ '.' $ \: '.' ij ~ ,'" ,.' "'" '" ',.. .. , " '" " ....' ......,' ~:~" :.);'" ,,/ " (...~(~, ,-'l'/'?' .x 'If.-/ IC",J l't'iu4,:.r .... ,-1- ./' ,,;/74 ,/ 1/(. .'" ',1 (/C'~~y~,~,. ...../ (, '.f:" "'~;'," , , , ,;I ;' /1",'~ ../:~;;"'-, :' ,,':,~ ,',: ',.:.' ",__>,','~,' ":"" "/:'.'.'~.~,~'t,:" ,'\'......, '<.:',,;"':." ":',,.' "I."': ':." r, ~~, . '~'.........-:; SHEILA M. NANCE, IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN. i, , ii " Ii ,. :1 I: GREGORY D. NANCE, 'I II I, II Ii " I I. " : I Plaintiff VS, NO, 98.4500 CIVIL TERM Dcfcndant CIVIL ACTION. LAW IN DIVORCE MARRIAGE SETTLEMENT.AGFEEMEl'IT THIS AGREEMENT made this -i- day of '-U1. a~.t.~ , 1999, by and between Sheila M, Nance of I Manor Drivc, Mcchanicsburg, Uppcr Allen Township, Pennsylvania 17055 (hereinafter rcferred to as "WIFE") and Gregory D, Nancc of 2366 Fieldstone Drive, Conyers, Georgia 30208, (hereinafter referred to as "HUSBAND" ,) WITNESSETH: WHEREAS, HUSBAND and WIFE werc lawfully married on April I 110, 1978 in Urbana, Illinois, WIFE instituted an action in divorce to No, 98-4500 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania on August 5, 1998, The pleadings in the case requested dissolution of the marriage between the two parties and for such further relief that the Court may deem equitable and just; and WHEREAS, the parties have reached an agreement as to the settling of all matters relating to the divorce, NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: Page I of 7 . ,.",. l..'"....'::,.:~.~ i: Ii I. The p:lrties intend to m:lint:lin sep:lmte :lnd perm:lnent domiciles :lnd lU live :lpan I' Ii from e:lch other. It is the intent :lnd purpose of this Agreement to set forth the rcspcctivc 1:1 rights :lnd duties of the p:lrtics whilc they continue to live ap:ln from e:lch othcr. II,' 2. The terms of this Agrecment :lnd their effect have bcen fully explained to the WIrE I: Il, by her counsel. j:lnc M, Alex:lnder, Esquire, HUSBAND has chosen not to scek counsel in II Ii II I t I ! reg:lrd to this :lction, The parties :lcknowledge that they have received independent legal advice from counsel of their choice :lnd bave been fully informed as to their legal rights :lnd obligations or have fully chosen not to do so, The p:lrties understand the facts and :lcknowledge and :lcceptthis Agreement as f:lir :lnd equitable, 3, The parties have allempted to divide their matrimonial property in a manner which conforms to a just and right st:lmlard, with due regard to the rights of each party, It is the intent of the parties that such division shall be final and sh:lll forever determine their respective rights, The division of existing marital property is intended by the panies to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate, 4, Further, the parties agree to live separately and apart from the other at any place or places that he or she may select. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other, II 5, The consideration for this contract and agreement is the mutual benefits to be Page 2 of 7 ,< I" . -. ,. : ~., I" '", ,.. "~'t. '. " ~.l:""'" ~ ..' l' ~I..'" ,": ,:" ,~~:,','" ~ ~. ,::, ,,;., , obtaincd by hoth of thc partics hcrclU ,lIId Ihc covcnants and agrccmcllls of cach of thc parties to thc other. The adequacy of the consideration for all <lgrecments herein contained is stipulated, confcsscd. <lnd <ldmiued by the parties. <lnd the p<lrtics intend to bc legally bound hereby. 6. DEBTS OF THE PARTIFS: It is furthcr mutually agreed <lnd understood by and between the parties that all joint debts have been paid including open accounts, crcdit cards, and bank liabilities except as hereinafter set forth: 6,1) The HUSBAND shall assume all liability for and pay and indemnify the WIFE ag<linst liability for all debts and bills in his name alone, particularly those incurred since date of filing Complaint in Divorce, 6,2) The WIFE shall assume all liability for and pay and indemnify the HUSBAND against liability for all debts and bills in his name alone, particularly those incurred since date of filing Complaint in Divorce, 6,3) HUSBAND shall be responsible for and has paid or will complete payment of the following marital debts and shall hold WIFE harmless from any obligation thereof; a) Dentist and anesthesia bills for Shereen b) Pay to WIFE half of retirement back pay when unpaid back unemployment is received, This is a debt from HUSBAND to WIFE, c) HUSBAND will pay one-half (112) the Mortgage payments and assist with the utility bills until home is sold, 6.4) WIFE shall be responsible for payment of the following marital debts Page 3 of 7 ,"'" . ' . ",~ " , ,:,.", ' , ". . ~.. ,I". ., '. ' . ,:' ( ." ',.. '~ 1 : I 1::" 'I" '. E.I' -. . " ." :. ~ Ii i! " Ii q , it i i' it ii i; 'I :; " ,', Ii amI shall holllllUSIlAND harmless from any obli"ation th~r~or: Ii '" t! il Ii 1\ 'I I, I I a) Mis~~lIan~ous p~rsonal accounts in WIFE's nam~ only, 7, PERSONAL PROPERTY: E<lch party shall b~ cntitl~lllO thc itcms of p~rsonal propcrty which arc Iistcll on Schcdulc "A" allachcll hcrcto anllmallc a part hcrcof. As to all othcr itcms of pcrsonal propcrty which thc partics havc llivillcllto thcir mutual satisfaction. hcnccforth. cach of thc partics shall own. havc anll cnjoy inllcpenllcntly of any claim or right of thc oth~r party. all itcms of pcrsonal propcrty of cvcry kind, naturc and dcscription and whcrevcr situatcd. which arc now owned or hclll by or which may hcreafter belong to thc HUSBAND or WIFE. with full powcr to thc HUSBAND or thc WIFE to disposc of same as fully and effectually. in all rcspects and for all purposcs as if hc or she wcrc not marriell, Spccific disposition of major items or personal propcrty is as follows: 7,1) Vebicles: (a) HUSBAND shall retain owncrship of the 1991 Ford Econoline van and shall bc solely responsible for any debt relating thercon, if any, (b) WIFE shall rctain ownership of the 1990 Cougar and the 1992 Eaglc and shall bc solcly responsible for any debt relating thereon, if any, 7,2) Bank Accounts: Each party will open or has opened their own bank account. Ncither party will make a claim against those funds, 7,3) Stll.c.ks.: All stocks in joint namcs shall bc divided equally, 7.4) Pensions: (a) Both parties agrce to release any intercstthey may have in thc pension plans, 401(k), profit sharing or IRA accounts of thc other and agree to execute any Page 4 of 7 I' ii documcnts that may hc rC4uircd In continn said relcasc, (h) Thc only cxccption to lhc tcrms of suhscction (a) is that HUSBAND 'i :: will continuc to maintain his military rctircmcnt annuity :md will dcsignatc Ihc partics' \1 I, I' \' I ['I " H I: 1I Mcchanicshurg. Pcnnsylvania, 17055 shall hc Iistcd for salc for $129,900.00. Thcrc is a ii II I! ji Ii I, Ii \1 II II 1\ , daughtcr. Shcrccn E, Nancc, the hencticiary until such limc as shc gradualcs fro III college, 8) RFAL ESTATE: The mariwl rcsidcncc locatcd at I Manor Drivc. Uppcr Allcn Township, mortgage \0 Harris Savings Bank on thc propcrty with an approximatc balancc duc or $82.500, After all costs rclating 10 thc salc including costs of rcpairs etc, rC4ueste~ by buyers and thc morlgagc arc paid the procccds of said salc shall be c4uallY dividcd between the parties. Subject \0 the following adjustment: since WIFE has rcceived more value in the personal property she shall give HUSBAND $4.000,00 out of hcr share of the procce~s of the sale of the residence, WIFE will also give to their daughter, Sherecn. the sum of $1,000,00. 9, SPOlJSAI. SIlPPORT/AUMONY: Neither party will make a claim for spousal support andlor alimony, 10, The property settlement as provided herein between the parties shall be considered an equitable distribution of maritat property and both parties waive any and all rigbts or claims which they may have been entitled to raise with respect to the issue of equitable distribution under the Provisions of the Pennsylvania Divorce Act. 11, The parties agree that simultaneously with the signing of this Agreement they will sign the necessary affidavits of consent and affidavits acknowledging notice of marriage counseling in order to conclude the divorce action tiled by WIFE under the no-fault provisions of the Pennsylvania Divorce Act. Page 5 of 7 :"'~::;~':"~:";~;~.t)t~1[~::.._'_ '. : .:~~'i',~~~-!~:~~',': ':'t : ,;' .,",, "i ::', .' I';',. :," >....:::., :_'~":'." ~ ',,:', '",;,' .l,.~".." ;"T WITNESS my hand and noulrial $calthc day and )'car aforcsaid, $/c,." /Notary Public J~ '/ I i ,); (.lc<I..~..."/{,-,1..... I My Commission Expirc: Nolarlal Senl Halvllrd E. Alexandor. Notary Public Oll1sburQ Bora. York County My Commlssron Expires Apn123. 2001 Memter, enns,/I'JaMt A59QCIJllOn of Notaries S,S, STATE OF GEORGIA COUNTY OF On this, the L day of L-?-1t. a'IA:/...... , 1999, before me the undersigned officer. a Notary public, in and for said Commonwealth and County, personally appeared Gregory D. Nance known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marriage Settlement Agreement and in due form acknowledged that he executed the same for the purpose therein contained and desired the same to be recorded as such, WITNESS my hand and notarial seal the day and year aforesaid, /' ~-- ~~.:~~ -.........--. My Commission Expire: iJoL1fl1 PutJP,,,,: ^'t",.. \'1'1 ~ , t' ~ ;~',:,I' ~':' '. "Dun,:!. O>:;orgia ..y Cornm,.;J,,;Oil EX;::'i.8S ~/~rll ~'i, 20(h~ Page 7 of 7 ." '. ." .':,.' . ,", ' , ,,',". t,'" : "'~'" '. . ',"..'''' I ;.. -1, '. ' ".',' '" _ .:.. ': ' ..,." . '- Schcdulc A ~ ' f: L j: "~, ~ Pcrsonal Propcrty Distrihutioll Husband ffi1i: Camping equipmcnt Guitars Axe Sledgehammcr Mulchcr Shovel Pitchfork Atlantic Olympic Picture Satsuma Vase Wood Coffee Tables in dcn Desk Frydaddy Coffees maker Foreman "grill" Small chopper A-B Master exerciser Small kero heater Stereo system in office CD's and tapes TV in basement Converter from bedroom Portable CD Player Nikon Camera Sony Laptop computer with zip drive and scanner Bag full of tools Some Books & some photographs Bicycles - Canondale Zea, Boat. molor, trailer All furniturc, antique furnishings Tools Lawn and Garden equipment Miscellancous items not specifically lis:ed for husband SHEI LA [1. NANCE. IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNA. : VS. : NO. 98-4500 CIVIL TERM GREGOP.i' D. N.~,NCE . : CIVIL ACTION - LAW Defendant : PRAECIPE TO TRANSMIT RECORD 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 (3301(c)) r.!X~Xr.dr.r.rr.r. of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: sent certified mail. restri<::ted deli'ler'! 8/6/98. deliverv date 8/,'98 on the return !:'eceipt. 3. (Complete either paragraph (a) or (b).) (a) Date of required by section March 10. 1999 March 4. 1999 execution of the affidavit of consent 3301(c) of the Divorce Code: by plaintiff ; by defendant (b) (1) Date of execution of the plaintiff's affidavit required by section 3301(d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant; 4. Related claims pending: All and satisfied bv Marriaqo Settlement parties and dated Mar<::h 4. 1999. related claims are setcled Aqreement siqned bv both 5 . Da te file praecipe the decree is Divorce Code. and manner of service of the notice of intention to to transmit record, a copy of which is attached, if to be entered under section 330l(d)(1)(i) of the 6. Date file praecipe the decree is Code of Notice of Plaintiff and manner of service of the notice of intention to to transmit record, a copy of which is attached, if to be entered under section 3301(c) of the Divorce , or, date of execution of waiver Intent Plaintiff - 3/10/99. Defendant - 3/4/99 and date of filing of waiver March 1~, 1999, Defendant - March /~, 1999 f\ ' ./ ~'l-(/)? .ie. ~~ .,.J./ /Jane M. A ander '. ttorney f r PlaintiffY~~E~i!Iill!i!K Verification I verify that the statements made in this Complaint in Divorce are true and correct. I understand that false statements I herein are made subject to the penalties of 18 Pa. c.s. ~4904 relating to unsworn falsification to authorities. Date: i1ifJI(:JT L~ /qq/2, .1 '/1 '-~)~.II" Ii, Sheila M. It! AL("(_ Nance COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK 5.5. Before me, the undersigned officer, a Notary Public, in and for the said Commonwealth and County, personally appeared SHEILA M. NANCE who affirmed according to law, deposes and says that the facts and matters set forth in the foregoing Complaint are truly and correct to the best of her knowledge, information and belief. .-- I \ !li), Iii. A, n'll u _ Sheila M. Nance Notarial Seal Malvard e, Alexander, Notary PlAllic Olll.burg Boro, York County My Commission expires April 23, 2001 11m et, nnay vania Associaflon of Notaries " " '. "'"', ":'", .,.",'. ." , " ' , ' :,." ~..'.. ,: ~',~..,~,., .', ':', :',',: ' ". r,." ~'~ .,' ",". ), . ____ ______ ......~~_ '. . , ~ ~..Jn~dK~i~'gi.4!.~rl-.':t.f&~.,"':\ 1. I I I I I I I I I I I I I The marriage of plaintiff and Defendant is irretrievably \ SHEILA M. NANCE, . IN TIlE COURT OF COMMON PLEAS . Plaintiff OF CUMBERLAND COUNTY, PENNA. : VS. NO. 98-4500 CIVIL TERM I GREGORY D. : NANCE, : CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on August 5, 1998. 2. broken and ninety (90) days have elapsed from date of 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 to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. DATE: 'I '1Z1 M/ '1 '1 ~(~-- /Greg r D. Nance ',' ",", '..".:':'" >,,:, ..'"." ...,...,:':',.;' ,:'.:",'.: ,;,':.>.."."::,'.,."",: C:'.;.' :",..:,:',1,'.' ." c ...-"'~.~_."w~."..""~~1'~,~~~~~ ~ ~N~U.,~~,~,""'~~'t..jL.f ~'": " I r'LA M. \bREGORY D. II i NANCE, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND coUNTY, PENNA. : VS. : NO. 98-4500 CIVIL TERM : NANCE, : CIVIL ACTION - LAW Defendant : IN DIVORCE AND NOW, AFFIDAVIT OF this .l./Pday 0 personally rppeared Jane M. Alexander, ' who swears according to law, ~hat a true and correct copy of a COMPLAINT FOR CUSTODY was aused to be served by certified mail with return receipt equested upon the said, Gregory D. Nance 1 Manor Drive Mechanicsburg, PA 17055 n Auqust 6, 1998 by leaving the same at the Di11sburg Post ffice with postage pre-paid thereon as evidenced by the mailing eceipt and return receipt hereto attached and made a part ereof. I. ~'~_. ~/ /'.'Jane M. e nder",Esquire / /Attorney I iDe #07355 j 148 S. Baltimore street .I Dillsburg, PA 17019 (717) 432-4514 Notarial Seal Halvard e, Alexander, Notary PtAlllc Dillsburp Boro, York County My CommisSion expires April 23, 2001 Member. PennsyiVanla Association of Notaries ,~~' ..,~ .""", , ' , SHEILA M. NANCE, : IN TIlE COURT Of' COMMON PI,EAS Plaintiff : OF CUMDERL^ND COUN1~. I'ENN^. : VS. NO. 98-4500 CIVU. 'I'BllM REGORY D. NANCE, : CIVIl, ^C'l'ION - I.^W Defendant : IN DIVORCF. :3' ..lI ru fTl Ul I"- _u ,~-~~ Q) :;...! Co) Eiij ClJ n. c a: Q.1Q 0:(6 _ ~ c ( "m ~ 2 ~ 8 E c~ "0 8E~ _:- .~ 2 e: ~ ~:;:Jc> 1:: ~ oeI: dJ - t: III () ~8~ " ~' 'II!,;, ~~ f ) W' PROOF OF SERVICE " ' ( .. . '.,.. 1 tt :1 1 I' 0 c \ ,~ l~ - ~ ,- , ~ i'i :~ 0 . ,- J ,\ .1,(, z h'C_ ~ .Ij . L,. ~ .... ~ ~ . :' S .; 1 t 0 T ~ \ r. ,j ,~ ~\-. 11._.... ',' ,~ Ir:U 06m Qunr 'Done \UIOJ Go E R: _Complete iteml 1 and/or 2 lot edditlonal IOMeOI. eCompletltitoms3,04a,and 4b. .Print your name and addrall on lhe r",ver.. ollhll forl1'110 thol we CtlO ,elum tNI card 10 you. eArtachUllelorm to the Iront oflhe mallploce, or on the b.tck "Ipactl docI not permil. eWrite'RGtum Roce/pt ReQII8.ted'unthe mailpioc8 below the aiticlo number. -The Relurn Aocelpl wllllhow 10 whom the tlttlcle wu dollvlltld and lhe dale delivered. 3" Article Addressed to: t'\,\.., ~\J;~\C~ N(\\lLQ.. .::L \-1<::1 PD'P. D..l\ '-re l'--Uc iOlliCD\)\U(\, {Jf\ \ ,VI ,- J ;('>00 -8 ;; ~ .. ! .. ;ii :Ii 'E .. I "" ru ..lI 0.. 5, Received ey: (Print Name) I also wish to recolve the following sorvices (for on extra feo): 1. 0 Addrossoe's Address ~ 2, E!I Restriclod Dollvery ell Consult postmaster for feo, I 40. Article Number ~ a: t ;; ~ ~ .ll ~ o >- ~ ~ '. 4b, Service Type o Aoglstorod o Express Mell o A.lum Aocolpt lor Morchondlso 7" Dalo 01 D IVO~ - /-79 0, Addrossoe's Address (Only If roquosted and lee Is paid) 8 Certified o Insured DeaD k " o >- .!! "'",,., U1 n """ Domestic Return Receipt