HomeMy WebLinkAbout99-00130
"\ : !
gi
2:
.
7i
oJ,
~:
z.
I
,
1
I
I
I
I
I I
! /
, '
7
i
I
~
......
~
J
~i
-!
, :
0-
cr
~I
++++++++++++'f++
"
"
.,.,++++++++++++++++++++++++++++++++, "'+,.-+
.~
+++++++ct*++++++
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
.
"
.
"
"
.
.
Of:+' + +
.
.
IN THE COURT OF COMMON
PLEAS
.
.
.
OFCUMBERLANDCOUNTY
~' ~~..
STATE OF Ii" '~-a, ..
:~~.
PENNA.
.
THERESA P. NANCE
.
.
.
.
No.
1999
130
PLAITIFF
VERSUS
.
.
.
.
.
DAVID W. NANCE
.
DEFENDANT
.
.
.
.
.
.
.
.
DECREE IN
DIVORCE
tJ~
?-7
d"" 9'.'5"'fA.~
~ ,IT IS ORDERED AND
AND NOW,
.
.
.
.
.
THERESA P. NANCE
t PLAINTIFF,
DECREED THAT
.
.
AND
DAVID W. NANCE
, DEFENDANT,
.
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
.
.
.
.
.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
.
THE PARTTF.S HAVF. F.XF.~nTF.n A PROPRR'T'V
~R'T''T'T.RMFNrp nr:'Q'PPMPN'T'
WHT~H
.
.
SHALL BE
WITH THE
THIS DECREE AND FILED
INCORPORATED BUT NOT MERGED INTO
COURT ON NOVEMBER '~
BY H .
.
.
.
.
.
.
.
.
.
.
.
.
ATTEST:
(J~~
. ROTHONOTARY
.
.
"
"
.
.
.
.
...
+... + + + + + + + + + + + + + + + -+- + + + +:+. + + + + + + + + + + + + + ++
.
.
"
.
.
.
.
"
.
.
.
.
.
.
.
.
.
"
.
.
.
.
"
.
.
.
.
.
.
.
.
"
.
"
.
"
"
.
"
.
.
J.
.
.
.
"
"
.
"
"
"
"
"-J
. "
. . \ . \1"_ \: t.\,
; ~ ',- \ \ .:. ." .
, . ~ .', (-"
{:{ -cj.ci) dd - ~ IU~;/ -;G 4- ~
/;)-//&/ ~ I~ ~ ~~~
. ' "-
.
(
../ C{tj-:i3()/2~cL
,
lP' .-"
PROPERTY SETTLEMENT AND SEPARATION AGREEMENT
THIS AGREEMENT, made this ,qt;;/...day of ~..;
, 2000, at
Carlisle, Cumberland County, Pennsylvania, by and between DAVID W. NANCE, of'
17 \.8 Deighton Street, Camp Hill, Cumberland County, Pennsylvania 170 I I (hereinafter
referenced as "Husband")
AND
THERESA P. NANCE of Cumberland County, Pennsylvania (hereinafter referenced as
"Wife").
ARTICLE I
SEP ARA nON
1.01 Separation of Parties, Differences have arisen between the parties as a
result of which they have been living separately and apart since January 9, 1999.
~
1.02 Intention to Live Apart. The parties intend to maintain separate and
,.
permanent domiciles and to live apart from each other. It is the intention and purpose of
this Agreement to set forth the respective rights and duties of the parties while they
continue to live apart from each other and to settle all financial and property rights
between them.
ARTICLE II
ENFORCEABILITY AND CONSIDERA nON
2.01 Equitable Distribution of Marital Property. The parties have attempted to
WAYNEF.SHADE divide their marital property in accordance with the statutory rights of the parties and in a
Anomey al Law
53 West Pomfrel Street
Carlisle. Pennsylvania
17013
{
" -'
..-
-(1
manner which conforms to the criteria set forth in !i401 of the Pennsylvania Divorce
Code, and taking into account the following considerations: Any prior marriages of the
parties; the age, health, station, amount and sources of income, vocational skills,
.employability, estate, liabilities and needs of each of the parties; the contributions of each
party; the opportunity of each party for future acquisition of capital assets and income; the
.
sources of income of each party, including, but not limited to, medical, retirement,
insurance or other benefits; the contribution or dissipation of each party in the acquisition,
preservation, depreciation or appreciation of marital property, including the contribution
of each party as homemaker; the value of the property set apart to each party; the standard
of living of the parties established during the marriage; andthe economic circumstances
of each party at the time the divisiop of property is to become effective.
The division of existing marital property is not intended by the parties to constitute
~ .
in anyway a sale or exchange of assets, and the division is being effected 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 rights of
equitable distribution ofthe parties.
2.02 Enforcement. This Agreement shall survive any action for divorce and
decree of divorce and, unless otherwise set forth herein and shall forever be binding and
conclusive on the parties; and any independent action may be brought, either at law or in
equity, to enforce the terms of this Agreement by either Husband or Wife until it shall
WAYNE F. SflADE
Anom,y at law have been fully satisfied and performed. Any provisions herein concerning property
53 West Pomrret Street
Carlisle. Pennsylvania
17013
-2-
.
,
.
.. ,--
.1
,,'
rights, alimony and counsel fees shall not be modifiable. The considerations for this
Agreement are the mutual benefits to be obtained by both of the parties hereto and the
covenants and agreements of each of the parties to the other. The adequacy of the
consideration for all agreements herein contained is stipulated, confessed and admitted by
the parties, and the parties intend to be legally bound hereby.
2.03 Agreement Predicated on Divorce. It is specifically understood and
agreed, by and between the parties hereto and each of the said parties does hereby warrant
and represent to the other, that the execution and delivery of this Agreement is predicated
upon an agreement for prosecution to conclusion of the pending action for divorce
docketed in the Court of Common Pleas of Cumberland County, Pennsylvania, to No. 99-
130 Civil Term. Nothing containeg in this Agreement shall prevent or preclude either of
the parties hereto from prosecuting that or any action or actions for divorce, either
~ .
absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party
. ~ .
from defending any such action which has been, mayor shall be instituted by the other
party, nor from making any just or proper defense thereto, It is warranted, covenanted
and represented by Husband and Wife, each to the other, that this Agreement is lawful
and enforceable and this warranty, covenant and representation is made for the specific
purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife
each knowingly and understandingly hereby waive any and all possible claims that this
Agreement is, for any reason, illegal or for any reason whatsoever of public policy,
WAYNE F. SHADE
Allomeyatlaw unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant
S) West Pomfret Street
Carlisle, Penns)'h'&nia
17013
-3-
;C
. _.i
..'
<'
and agree that, in any event, he and she are and shall forever be estopped from asserting
any illegality or unenforceability as to all or any part of this Agreement.
ARTICLE III
EQUITABLE DIVISION OF MARITAL PROPERTY
3.01 Equitable Division of Real Property. The parties acknowledge that the net
proceeds of sale of the marital real estate in the approximate amount of$8,OOO have been
divided equally between the parties.
3.02 Equitable Division of Personal Property.
(a) Each of the parties shall retain ownership of the motor vehicles in their
respective possessions;
(b) The furniture, household goods and other similar untitled personal property
have been divided to the mutual satisfaction of the parties hereto, and each of the parties'
retains absolute ownership of such items in his or her possessiok or control at the date of
this Agreement. The property shall be deemed to be in the possession or under the
control of either party if, in the case of tangible personal property, the item is physically
in the possession or control of the party at the time of the signing of this Agreement and,
in the case of intangible personal property, if any physical or written evidence of
ownership, such as passbook, checkbook, policy or certificate of insurance or other
similar writing is in the possession or control of the party, unless provided otherwise in
this Agreement;
WAYNEF.SIIADE (c) Husband will retire and will take all necessary steps to place his employee
Anomeyal Law
S3 West Pomfret Street
C.,Ii,I,. P,n",ylvan;. pension in pay status on the earliest date that he can retire and receive an early retirement
17013
-4-
. .
.'
r
.
..'
incentive payment. Distribution of Husband's employee pension shall be governed by a
Supplemental Decree in Divorce in the form ofa Qualified Domestic Relations Order or
Domestic Relations Order, as the case may be, as ultimately approved by the Plan
Administrator and the Court, a copy of which will be incorporated herein by reference ~s
though fully set forth. Said Order shall award to Wife fifty (50%) percent of the marital
portion of Husband's retirement benefit. The marital portion of Husband's retirement
benefit shall be defined as what would have been the amount of Husband's retirement
benefit ifhe had retired as of the date of separation on January 9, 1999. Wife wiII also
receive (50%) percent of Husband's early retirement incentive payment and wiII be
responsible for the income taxes payable with respect to her share of that payment. If
Wife elects to be designated as a su,rvivor beneficiary of the marital portion of Husband's
employee pension, the entire cost of that benefit wiII be deducted from Wife's share of.
~ .
the monthly pension benefit. Husband's share shall not be reduced in amount from what
it would hilVe been if Vli'fe had waived the survivor benefit. In the event that Wife should
elect to be designated as a survivor beneficiary of the marital portion of Husband's .
employee pension, Husband shall be free to designate another person as survivor
beneficiary of the non-marital portion of Husband's employee pension. In the event that.
Wife should elect to be designated as a survivor beneficiary of the marital portion of
Husband's employee pension and should predecease Husband, Husband would be free to
designate another person as survivor beneficiary of the marital portion of Husband's
WAYNE F. SHADE
Anom'yatlaw employee pension.
53 West Pomfret Street
Carlisle. Pennsylvania
17013
-5-
WAYNE F. SHADE
Anorney at Law
53 West Pomf~t Street
Carlisle, Pennsylvania
17013
i'
r:
>
~
(d) Within ten (10) days of the issuance ofa Decree in Divorce, Husband will roll
over $15,000 from his Thrift Savings Plan to an IRA to be designated by Wife. It is
understood and agreed that the account to be designated by Wife will be such that the roll
over by Husband will have no adverse income tax impact upon Husband; and
(e) The parties will execute and deliver any documents necessary to formally
release their rights and all claims to the life insurance of the other.
ARTICLE IV
DEBTS OF PARTIES
4.01 Loans. Responsibility for the outstanding loan obligations of the parties is
assigned, as follows:
(a) Husband will assume the full balance of the bill consolidation loan at Navy
.
Federal Credit Union which is in his name alone; and
(b) Wife will assume the full balance of the 10Jn from Navy Federal Credit Union
that is secured by the motor vehicle that is in her possession,
4.02 Post-Separation Obligations. Each party represents to the other that, except
as specifically set forth immediately above, there are no outstanding joint obligations of
the parties and that since the separation neither party has contracted for any debts for
which the other will be responsible. Each party indemnifies and holds harmless the other
for all obligations separately incurred or assumed under this Article IV.
-6-
WAYNE F. SHADE
Attorney a1 UW
53 West Pomrret Street
Carlisle, Pennsylvania
17013
... ~
ARTICLE V
ALIMONY
5.01 Qualified Waiver. Each of the parties waives alimony generally; howev~r,
any obligations assumed by the parties under this Agreement as to whi~h ben.efits flow to
the other spouse shall be payable as alimony for the purposes of enforcement and so as to
constitute an exception to discharge in bankruptcy but will not be deductible by the payor
or taxable to the payee for income tax purposes,
ARTICLE VI
COUNSEL FEES
6,0 I Present Fees. In the event of amicable settlement of all marital issues and
the entry of a Decree in Divorce pursuant to mutual consent within one hundred eighty
.
(180) days from the date of this Agreement, each of the parties hereby assumes his and
her own counsel fees up to and including the date i>fthe Decree in Divorce,
6.0~ Cpunsel Fees After Divorce. The parties agree with respect to counsel fees
incurred after the divorce, as follows:
(a) In the event that future legal proceedings. of any nature may be necessary for
the interpretation or enforcement of this Agreement or any valid modifications hereof, the
prevailing party shall be entitled to reasonable counsel fees incurred.
(b) Reasonable counsel fees hereunder shall be defined as reasonable hours
expended at the then hourly rate of counsel for the prevailing party.
-7-
'.
"
(c) Such counsel fees shall extend to any independent proceedings necessary to
collect counsel fees or to enforce any other judgment or decree in connection with this
Agreement.
(d) Such counsel fees shall be payable as alimony so as to constitut~ all exception
to discharge in bankruptcy but shall not be deductible by the payor or taxable to the payee
for income tax purposes.
ARTICLE VII
GENERAL PROVISIONS
7.01 Income Tax Consequences. The parties have heretofore filed joint federal
and state income tax returns. Both parties agree that in the event any deficiency in
federal, state or local income tax is proposed, or any assessment of any such tax is made
against either of them, each will indemnity and hold harmless the other from and against
any loss or liability for any such tax deficiency~or assessment and any interest, penalty. .
and expense incurred in connection therewith. Such tax, interest, penalty or expense shall
be paid solely and entirely by the individual who is finally determined to be responsible
for the deficiency or assessment. Except as otherwise set forth herein, any income tax
incidents of any kind imposed by virtue of any transfers of assets or other payments
required under this Agreement will be the responsibility of the transferee;
7.02 General Release of All Claims. Each party hereto releases the other from
all claims, liabilities, debts, obligations, actions and 'causes of action of every kind that
WAYNE F. SHADE have been incurred relating to or arising from the marriage between the parties. However,
Anomey at Law
S3 West Pomfret Street
Carlisle. Pennsylvania
170B
-8-
.-
neither party is relieved or discharged from any obligation under this Agreement or any
other instrument or document executed pursuant to this Agreement.
7.03 Subsequent Divorce. Nothing herein contained will be deemed to prevent
either of the parties from maintaining a suit for absolute divorce against tqe 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 will be bound by all of the terms of this Agreement.
7.04 Waiver of Estate Claim. Except as otherwise herein provided, in the event
of the death of either party hereto, each party hereby waives, releases and relinquishes any
and all rights that he or she may have or may hereafter acquire as the other parties' spouse
under the present or future laws of illY jurisdiction, as follows:
(a). to elect to take against the will or codicils of the other party now or hereafter.
~ .
enforced;
... .
(b) to share in the other parties' estate in cases of intestacy; and
( c) to act as executor or administrator of the other parties' estate.
7.05 No Debts and Indemnification. Each party represents and warrants to the
other that he or she will not incur any debt, obligation or other liability, other than those
already described in this Agreement, on which the party is or may be liable. Each party
covenants and agrees that if any claim, action or proceeding is hereafter initiated seeking
to hold the other party liable for any other debt, obligation, liability, act or omission of
WAYNEF. SHADE
Anome"'ILaw such party or for any obligation assumed by a party hereunder, the party liable will, at his
.53 West Pomfret $Iree:t
Carlisle. Pennsylvania
17013
-9-
I' .,
or her sole expense, defend the other against any claim or demand, whether or not well-
founded, and that he or she wiIUndemnifY and hold harmless the other party in respect to
all damages resulting therefrom. The obligation created hereunder will be payable as
alimony so as to constitute an exception to discharge in bankruptcy: .
7.06 Full Disclosure. Each party asserts that he or she has made a full and
.
complete disclosure of all ofthe real and personal property of whatsoever nature and
wheresoever located belonging in anyway to each of them, of all sources and amounts of
income received or receivable by each party, and of every other fact relating in anyway to
the subject matter of this Agreement. These disclosures are part of the considerations
made by each party for entering into this Agreement.
7.07 Right to Live Separately and Free from Interference. Each party will live
separately and apart from the other at any place or places that he or she may select,.
, ~ .
Neither party will molest, harass, annoy, injure, threaten or interfere with the other party
in any manner 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 will interfere with the use, ownership, enjoyment or
disposition of any property now owned or hereafter acquired by the other.
7.08 Agreement Voluntary and Clearly Understood. Each party to this
Agreement acknowledges and declares that he or she, respectively:
(a) Is fully and completely informed as to the facts relating to the subject matter of
WAYNE F. SHADE
Attom,yatLaw this Agreement and as to the rights and liabilities of both parties;
53 West Pomfret Street
Carlisle, Pennsylvania
17013
-10-
. .'
(b) Enters into this Agreement voluntarily after receiving the advice of
independent counselor, having had the opportunity to do so, having decided not to do so;
(c) Has given careful and mature thought to the making of this Agreement;
(d) Has carefully read each provision of this Agreement; aI}d
(e) Fully and completely understands each provision of this Agreement, both as to
the subject matter and legal effect.
7.09 Compliance. The parties will execute and deliver any documents necessary
to formally conclude any of their obligations under the terms of this Agreement to each
other.
7.10 Default. If either party fails in the due performance of any of his or her
material obligations hereunder, the party not in default will have the right to act against
the other, at his or her election, to sue for damages for breach hereof, or to rescind this. .
~
Agreement or seek such other legal remedies as may be available to either party. Nothing
herein shall be construed to restrict or impair either party in the exercise of this election,
7.1 I Amendment or Modification. This Agreement may be amended or
modified only by a written instrument signed by both parties,
7.12 Law Governing Agreement. This Agreement will be governed by and will
be construed in accordance with the laws of the Commonwealth of Pennsylvania in effect
at the date of execution hereof.
7.13 Condition Subsequent. This Agreement is expressly contingent upon the
WAYNE F. SHADE
Attorn,yatLaw parties' mutual consent within ten (10) days from the date of this Agreement to a divorce
53 West Pomrret Streel
Carlisle. Pennsyl~'ania
17013
-11-
WAYNE F. SHADE
Anomey al Law
S3 West Pomfret Street
Carlisle, Penns)"lvania
17013
.'
in the pending divorce proceedings which consent will not be revoked prior to issuance of
a full and final Decree in Divorce. In the event of failure or revocation of consent as
required herein, this Agreement shall become null and void.
7.14 Reconciliation. In the event of reconciliation; attempted reconciliation or
. .
other cohabitation of the parties hereto after the date of this Agreement, this Agreement
shall remain in full force and effect in the absence of~ written Agreement signed by both
parties hereto expressly setting forth that this Agreement has been revoked or modified.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and
seals, intending to be legally bound hereby, the day and year first above written.
Signed, Sealed and Delivered
in the Presence of:
(SEAL).
r:~ 'l/j~d/.
~
1iMiu~rvtliui1h
Jil~ /)ftNt& ~
Theresa P. Nance I
(SEAL)
-12-
,
COMMONWEALTH OF PENNSYLVANIA)
) SS:
COUNTY OF CUMBERLAND )
On this, the \ Cj \h day of (Yl~
undersigned officer, personally appeared DAVID W. NANCE, known to me (or
, 2000, before me, the
satisfactorily proven) to be the person whose name is subscribed to the foregoing
Agreement and acknowledged that he executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereU~d-off~
NOTARIAL SEAL :j
PETER J. RUSSO Notary PUblic -
~~q~le. Cuniberland COOnly Notary Public
.,..."."'....,n Ex s March 24. 2004
COMMONWEALTH OF PENNSYLVANIA)
~ )
COUNTY OF CUMBERLAND )
ss:
j:-.:z~/..:'
'[ ~ ~ ~.~, _ .Ji.lt
\~f:~:~~~;~~1y
On this, the ;Jt.;-d. day of
~
, 2000, before me, the
undersigned officer, personally appeared THERESA P. NANCE, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the foregoing
Agreement and acknowledged that she executed the same for the purposes therein
contained.
. \\\
-.. .~" - "':'
IN WITNESS WHEREOF, I hereunto set my hand and official seal. .'.:--
WAYNE F. SHADE
Attorney at law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
~ ~r;'fAit
Notary Pub I c
,
""
Notarial Seal
Connie J. Trill, Notary Public
Carlisle, Cumberland County
':.; Commission Expires Oct. 5, 2000
-13-
-::.-
-
'/''''- ....
>- (") f::
C"
.. '"
t::-~ co ::s
u ., -, C) ~t;
, , ~-'"I - C) ~
...
, ",.:: ..-
(_' -- Cl :::.:;
- . >-
c: '.::l -..<.,'1
.. , '" t~:~
,
Ie. " _.~ ::1 \.:.1
[ c: D-
.- Z
,. C' ::5
u Ct U
,
v
,
,..' "
-.'\'
,,\ "" \\\,~...,',..... ",
"" :,...
lj~~~~~ "::"':~2:~\
~'-.~";: ~-- >:~~-
:.: . - ,. -.
~~.';~ --'-;-':-
-~ ,~', . .\.)....":' ~
':. "~-.. '- , .-':" \:.. .
- ~ ..:.'......
'. C"....
.
I
,
PETER J. RUSSO, ESQUIRE
PA Supreme Court ID: 72897
61 West Louther Street
Carlisle, PA 17013
(717) 249-2721
Attorney for Plaintiff
THERESA P. NANCE
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DAVID W, NANCE
Defendant
NO. 1999 -130
IN DIVORCE
CIVIL TERM
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 ) of the
Divorce Code.
2. Date and manner of service of the Complaint: Complaint served on David
W. Nance by Certified Mail, with return receipt on Januarv 13. 1999
3. Date of execution of the plaintiffs affidavit required by Section 3301(c) of
the Divorce Code: October 13. 2000
Date of service of plaintiffs affidavit on defendant: served on oooosina
counsel October 17, 2000
Date of execution of the defendant's affidavit required by Section 3301 (c) of
the Divorce Code: November 2. 2000
4. Related claims pending: None
Date: November 20. 2000
c~;'-
Peter J. Russo
-
>- -.,. ~
c- (";
,.
i'"
UJ0 CD 6~
( )-,-, ..;- o:::~
--I '
}l_ :,- .t"':: :-:1 ::J
C/~ .n._
f> , = ~'.:> (f)
N "):2
"'Z
, ;: - :tkiJ
C:: ~~ 0-
,- :,c
\L 0 ::)
';._1 c::> U
t , :i
..
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
THERESA P. NANCE
Plaintiff
DAVIDW. NANCE
Defendant
NO. 99- /30
IN DIVORCE
CIVIL TERM
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 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, Cumberland County Court House, Carlisle,
Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR AL.:.IMONY, 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 0FFICE SET FORTH BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Lawyers Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
:
..
THERESA P. NANCE
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
DAVID W. NANCE
Defendant
NO. 99-
IN DIVORCE
CIVIL TERM
COMPLAINT IN DIVORCE
UNDER SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE
AND NOW comes the above-named Plaintiff by and through her attorney
Peter J. Russo, and seeks to obtain a Decree in Divorce from the above-named
Defendant, upon the grounds hereinafter more fully set forth:
1. Plaintiff is an adult individual residing at 12 Richland Lane, 8109, 812, Apt
T8, Cumberland County, Pennsylvania and is a citizen of the United States.
2. Defendant is an adult individual residing at 12 Richland Lane, 8109, 812,
Apt T8, Cumberland County, Pennsylvania and is a citizen of the United States.
3. Plaintiff has been a bona fide resident of the Commonwealth of
Pennsylvania for 1 year and has resided continuously therein for at least six months prior
to filing of this Complaint.
4. Defendant has been a resident of the Commonwealth of Pennsylvania for 1
year and has resided continuously therein for at least six months prior to filing of this
Complaint.
5. Plaintiff and Defendant were married on November 20, 1965 in
Philadelphia, Pennsylvania.
6. There are no children of the parties under the age of eighteen (18).
:
....
COUNT I - DIVORCE
7. Plaintiff hereby incorporates by reference averments 1 through 6 of this
Complaint as if each averment were set forth fully hereunder.
8. There has been no prior action for divorce by either party against the other.
9. Neither Plaintiff nor Defendant is in the Armed Forces of the United States
or any of its allies.
10. Plaintiff avers that the marriage between the parties is irretrievably broken.
11. Plaintiff has been advised that counseling is available and that Plaintiff may
have the right to request that the court require the parties to participate in counseling, but
does not request the same.
12. Plaintiff and Defendant have property which will be subject to a property
settlement agreement addressing support issues, which will be filed herein at the
appropriate time.
WHEREFORE, Plaintiff, THERESA P. NANCE, prays that a decree be entered in
favor of the Plaintiff and against Defendant as follows:
A. That a decree in divorce be entered dissolving the marriage between the
two parties.
COUNT II: DIVORCE - EQUITABLE DISTRIBUTION
13. Plaintiff hereby incorporates by reference averments 1 through 12 of this
Complaint as if each averment were set forth fully hereunder.
14. Plaintiff and Defendant have acquired property, both real and personal,
during the course of their marriage.
15. The parties have also acquired home furnishings, motor vehicles, bank
accounts, retirement accounts, investments and miscellaneous items of personal
property.
16. Thus far plaintiff and defendant have been unable to agree as to an
i
~
15. The parties have also acquired home furnishings, motor vehicles, bank
a=unts, retirement a=unts, investments and miscellaneous items of personal property.
16. Thus far plaintiff and defendant have been unable to agree as to an equitable
distribution of said property, therefore Plaintiff requests the equitable distribution of said
marital property.
WHEREFORE, Plaintiff, THERESA P. NANCE, prays that a decree be entered in
favor of the Plaintiff and against Defendant as follows:
A That a decree be entered granting equitable distribution of marital
property.
COUNT III: DIVORCE - ALIMONY and ALIMONY PENDENTE LITE
17. Plaintiff hereby incorporates by reference averments 1 through 16 of this
complaint as if each averment were set forth fully hereunder.
18. Plaintiff lacks sufficient property to provide for' her reasonable needs in
a=rdance with the standard of living to which she has become accustomed to during the
course of this marriage.
19. Plaintiff is unable to support herself in a=rdance with the standard of living
to which she has become accustomed throughout this marriage.
20. Defendant in gainfully employed with a substantial salary and is able to
contribute to the support and maintenance of the Plaintiff by paying her alimony in
a=rdance with the Divorce Code of Pennsylvania.
WHEREFORE, Plaintiff requests this Honorable Court to grant Plaintiffs request for
permanent alimony.
Date: 1}8}'i'1
~
.., ""'="
Peter J. Russo
. ".': ....
VERIFICATION
I, Theresa Nance, verify that the statements made in the forgoing document are
true and correct. 1 understand that false statements herein are made subject to the
penalties of 18 Pa. C. S. S 4904 relating to unsworn falsification to authorities.
~f?~~
Theresa Nance
Dated:
I)--~f-'fr
0-
cr \.l')
~ c:: >-
U.J C": .. 1::;
o ;c. (" .'c
f+:', ,- _',':~, -
~ :'~ /~),~~;
2;iC; 'l.. ~~--
w..Ji,. en ');:i
E:'!l~j! ::~ (Ii jJ
1.1 -oJ {-:Ii:]
~Og:~r
, .' .,.
J' ~
1
~~~
'\; . ~ .
\ \\' '\
~ ~ '
~ ~ ~ (\j
('~~ 'v)
N) ~;
~
, -
~
~~
~ ~
f'\
'l"
~~
. -
- ,\"
NOV 8 am
;yj
.
Plaintiff
Theresa P. Nance
v.
Defendant
David W. Nance
In The Court Of Common Pleas
Of Cumberland County, Pennsylvania
Docket No. 99-130
In Divorce
C'-v,'L TUl.m
COURT ORDER ACCEPTABLE FOR PROCESSING
AND NOW, this ~~ay of W ~ ,20(J" ,based on the findings
set forth below in items one through five,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED
in items six through eighteen:
1, Parties: The parties hereto were husband and wife, and a divorce action is in
this Court at the above number. This Court has personal jurisdiction over the parties. The
parties were married on November 20, 1965.
2. Effect of This Order as a Court Order Acceptable for Processing: This
Order creates and recognizes the existence of a former spouse's right to receive a portion
of the employee's benefits payable under the Civil Service Retirement System
("CSRS"). Such benefits may represent a portion of the Employee Annuity, a Refund of
Employee Contributions or may award a Former Spouse Survivor Annuity to the former
spouse. It is intended to constitute a Court Order Acceptable for Processing under final
regulations issued by the Office of Personnel Management ("OPM"), The provisions of
this court order are drafted in accordance with the terminology used in Part 838 of Title 5,
Code of Federal Regulations. The terminology used in the provisions of this order that
concern benefits under the Civil Service Retirement System are governed by the standard
conventions established in that part.
3. Employee Information: The name, last known address, social security
number, and date of birth of the "Employee" are:
Name: David W. Nance ("Employee")
Address: 1718 Dighton Street, Camp Hill, Pennsylvania 17011
Social Secu rity Number: #210-34-1054
Birth Date: June 11, 1943
4. Former Spouse Information: The name, last known address, social security
number, and date of birth of the "Former Spouse" are:
Name: Theresa P. Nance ("Former Spouse")
Address: 12 North Orange Street, Carlisle, Pennsylvania 17013
Social Security Number: #195-36-0748
Birth Date: March 6, 1947
The Former Spouse shall have the duty to notify the OPM in writing of any changes in her
mailing address subsequent to the entry of this Order.
"""_.
"., CSRS (COAP)
PAGE 2
5. Identification of Retirement System: The Employee will be eligible for
retirement benefits under the Civil Service Retirement System based on employment with
the United States Government.
6, Pursuant to State Domestic Relations Law: This Order is entered
pursuant to the authority granted in the applicable domestic relations laws of Pennsylvania.
7. For Provision of Marital Property Rights: This Order relates to the provision
of marital property rights of the Former Spouse as a result of the Order of Divorce between
the Employee and Former Spouse issued on .
8. Providing for Payments to Former Spouse: The Former Spouse is entitled
to a portion of the Employee's Gross Monthly Annuity under the Civil Service Retirement
System as set forth below, The United States Office of Personnel Management is hereby
directed to pay Former Spouse's share directly to Former Spouse.
9. Amount of Former Spouse's Benefit: This Order assigns to Former Spouse
an amount equal to Fifty Percent (50%) of the Marital Portion of the Employee's Gross
Monthly Annuity determined as of the date the marriage ended (January 9, 1999), For
purposes of calculating Former Spouse's share of Employee's benefit, the Marital Portion
shall be determined by multiplying the Employee's Gross Monthly Annuity eamed through
the date the marriage ended (January 9, 1999) by a fraction, the numerator of which is the
total number of months of Creditable Service earned under the CSRS during the marriage
(from January 15, 1969 to January 9, 1999), and the denominator of which is the total
number of months of the Employee's Creditable Service accrued under the Civil ServicB
Retirement System through January 9, 1999. The marriage began on
November 20, 1965. Further, any salary adjustments that occur after January 9, 1999 shall
not be incorporated into the calculation of Former Spouse's share of the Employee
Annuity.
10. Cost of Living Adjustments: When Cost of Living Adjustments are applied
to Employee's retirement benefits, the same Cost of Living Adjustment shall apply to the
Former Spouse's share.
11. Benefit Commencement Date: The Former Spouse shall commence her
benefits as soon as administratively feasible following the date this Order is approved as a
Court Order Acceptable for Processing, or on the date the Employee commences his
benefits, if later. Payments shall continue to Former Spouse for the remainder of
Employee's life-time; however, should Former Spouse predecease the EmployeB, then
such benefits shall be immediately and fully be restored to the Employee follOWing such
Former Spouse's death.
The Employee agrees to arrange or to execute all forms necessary for the OPM to
commence payments to the Former Spouse in accordance with the terms of this Order.
12. Refund of Employee Contributions: If Employee leaves Federal service
before retirement and applies for a refund of employee contributions under the CSRS, the
United States Office of Personnel Management IS directed not to pay Employee a refund
of such employee contributions.
13, Former Spouse Survivor Annuity: Pursuant to Section 8341 (h)(l) of Title 5,
United States Code, Former Spouse shall be awarded the maximum possible former
spouse survivor annuity under the Civil Service Retirement System.
.<11 ,___
,.
_. CSRS (COAP)
PAGE 3
Employee agrees to take all necessary steps to elect Former Spouse as the
designated beneficiary for purposes of establishing and sustaining such surviving spouse
coverage for Former Spouse.
14. Cost of Former Spouse Survivor Annuity: Former Spouse's share of
Employee's annuity will be reduced by the amount of the costs associated with providing
the former spouse survivor annuity awarded in paragraph 13.
15. Transfer to FERS: In the event that Employee makes a one-time irrevocable
election to transfer into the Federal Employees Retirement Systems ("FERS"~ before his
retirement, then Former Spouse shall be entitled to a portion of the Employee s Basic
Annuity and/or a Refund of Employee Contributions under FERS calculated in a manner
similar to that which is enumerated in Sections 9 and 12 above for the CSRS annuity and
refund, respectively, and payable directly from FERS. Additionally, Former Spouse shall
be entitled to a Former Spouse Survivor Annuity payable under FERS and determined in
a similar manner to the survivor benefits set forth under Section 13 above. Further, such
Former Spouse Survivor Annuity shall be payable from FERS,
16. Savings Clause: This Order is not intended, and shall not be construed in
such a manner as to require the OPM:
to pay a former spouse a portion of an employee annuity before
the employee annuity begins to accrue;
to pay a former spouse any amounts that are in excess of an employee's
net annuity; or
to pay a Former Spouse Survivor Annuity in excess of the maximum
permitted amounts under the CSRS and the FERS.
17. Constructive Receipt: In the event that the CSRS inadvertently pays to the
Employee any benefits that are assigned to the Former Spouse pursuant to the terms of
this Order, the Employee shall immediately reimburse the Former Spouse to the extent
that he/she has received such benefit payments, and shall forthwith pay such amounts so
received directly to the Former Spouse within ten (10) days of receipt.
(a)
(b)
(c)
18. Continued Jurisdiction: The Court shall retain jurisdiction with respect to this
Order to the extent required to maintain its status as a Court Order Acceptable for
Processing and the original intent of the parties as stipulated herein.
BY TH~\,
Cfffl/;ol ~
11-9-00
R}(S
RLE(}.{)FFJCE
C- Tl.'~ f"'.1~L!-"'OT.Ir'Y
r "i_ ,1....!I-.l.l~ !t'\Il
00 IIOV -9 JUlIO: [,2
CUMBERLA.\D COUNTY
PENNSYLVANIA .
..
't~.,(._-'
,.-
.,
THERESA P. NANCE
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
99-130 CIVIL TERM
v.
DAVID W. NANCE
Defendant
IN DIVORCE
JOINT MOTION TO DISTRIBUTE ASSETS
AND NOW, COMES, Plaintiff, Theresa P. Nance, by and through her counsel,
Peter J. Russo, Esquire, and Defendant, David W, Nance, by and through his counsel,
Wayne F. Shade, Esquire and aver the following in support of their joint motion:
1. Defendant, was employed by the federal government and accepted an early
retirement from his employer.
2. On or about, January 8, 1999, Plaintiff commenced the above-captioned divorce
action.
3. As a result of various negotiations, the parties executed a Property Settlement
Agreement which has been filed in the Cumberland County Prothonotary's Office.
4. Therein, the parties agreed that Plaintiff would be entitled to a fixed percentage
of Defendant's early retirement incentive.
5. The parties have agreed to the entry of the attached Order
t :.1
, ,
.,
,. ...
. ,
WHEREFORE, the parties respectfully request that this Honorable Court enter
the attached Order of Court.
Respectfully submitted,
Date:~
c~~~
Peter J. Russo
Counsel for Plaintiff
Date: a~ ;;;tJ cUi dd
,
~~~-
Wayn F. Shade
Counsel for Defendant
>- lJ") ~
S\: ~
f-' cD ~~
LUr? 8-
t2'"} ;c ';'E
~~i7-:= 0< Cl~
" , , r- ~~;&;
fil~s~ I :::Jz:
E~:~ >. rb?5
c cedi.
-
'-'- a :s
0 c::> U
"
~.
, r
.~. "
. "
" '\
THERESA P. NANCE
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CML ACTION - LAW
DAVIDW. NANCE
Defendant
NO. 99-130
IN DIVORCE
CIVIL TERM
PROOF OF SERVICE OF PLAINTIFF'S COMPLAINT
UPON DEFENDANT
NOW COMES, PETER J. RUSSO, Attorney for Plaintiff, THERESA P. NANCE, and
certifies that on January 11,1999, he did serve the Defendant, DAVID W. NANCE with a
true and correct copy of the Divorce Complaint filed against him alleging the parties'
marriage was irretrievably broken under Section 3301(d) and Section 3301(c) of the
Divorce Code. Said complaint was served upon the defendant by placing same in an
envelope, return receipt requested and addressed to DAVID W. NANCE at 12 Richland
Lane, 8109, 812, Apt T8, Cumberland County, Pennsylvania.
Service of Plaintiff's Complaint on the defendant, DAVID W. NANCE was effected
on Januarv 13. 1999 . A true and correct copy of the U.S. Postal Service Return
Receipt is attached hereto and the original is affixed to the reverse of this document.
Respectfully submitted,
~*@---
Peter J. Russo
61 West Louther Street
Carlisle, PA 17013
Date: \ I '0-01.\ '\ l1
." ....
"
.' ,
I
I....
,I
,.
';
; ~
'll
,
., Ii
t 1 3. Article Ad~ressed to:
; a. . ,{)tlAd.- {JJ, 'I}~
'~'j~ '7fUJ~O\~
, . .i?JIO 9/ 13/ d..} 11;01 /8
YlM (I!Jm1!J-ell c2Ate{; ;0;:1
70
5. Race;v By: (Print Name)
I A 1/1 fl /VAflio&
!I 6. Slgnatur ddross rAge t)
,~ X /t
.
I - PS Fo 11, Decembet 1994
<..
E DE :
_Complete items 1 andlot 2 for additional services.
-Complete items 3, 48, and 4b.
. Print your name and address on the reverse of this form so that we can return this
card to you.
_Attach this form 10 the front of the mailpiace, or on the back if space does not
_.
_Writs"Retum R9C8ipt ReqU8StsdO on the mailpiece below the article number.
_The Return Receipt will show to whom the a!tide was delivered and the date
dol_
I also wish to receive the
following services (for an
extra fee):
1. 0 Addressee's Address
2. 0 Restricted Delivery
Consult postmaster for fee.
4a. Article Number
Z - 1'5,2-..y, 7- '77/
4b. Service Type
o Registered
o Express Mail
~um Receipt for Merchandise
7. Date of Delivery
'J '.n
8. Addressee's Address (Only jf requested
and fee is paid)
!l '
~\
ell'
a'
.~ :
.a: ,
c
:;
,,. .
[ZJ.-'Cel1ified a:: ,
. ..
o Insured .=)
..
o COD =
.s
"
o .
>-
...
c
..
.<:
...
'\
)
~
Domestic Return Receipt
"'
b:. ~. ?:
-
z ~ :z.
'5 - :.)",":'
uJ-"'-- (I::.;
96 -~ -::j~<-
.~
\-:t::L 0- ,:..)....3
'l,1- '.'~
C a' :' '(,")
e.: N :., :;:
U,\",. rC-;"
:::--lU r-' t l-J tiJ
LJ- -,' .0: ~.~(l-
"-
.-- -,
u- 0' :::>
0 ()" <..)
"
-'
,.
.
..;.. ~,
,
. "
" ;"
THERESA P. NANCE
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DAVIDW. NANCE
Defendant
NO.99.130 CIVIL TERM
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE
OF INTENTION TO ENTER DIVORCE DECREE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was
filed on January 8, 1999.
2. The marriage is irretrievably broken and ninety 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 without further notice.
4. I understand that I may lose rights concerning alimony, division of
property, lawyers fees or expenses if I do not claim them before a divorce is granted.
5. 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's Office.
6. 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. I understand that the court maintains a list of marriage counselors in the
Domestic Relations Office, which list is available to me on request.
7. Being so advised, I, THERESA P. NANCE, do not request that the Court
require my spouse and me to participate in counseling prior to a divorce decree being
handed down by the Court.
"".'
..
.. .. .
.' .
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. S 4904 relating to unsworn falsification to Authorities.
~I::'\O-O
DATE
,~ /J{.~
THERESA P. NANCE --.....
,_._~
~ ~
i.-'::; c
~_:.:::: :-:5...:1"'
u (~, u' (-);:;.~
.. !...)~
: : "- ~.:.\ ::;
" , .. -'>-
0' ~ ,'en
0 :J~::
, :l::;~
t-- :l\U
L) "llO-
c:: -...:=-
l'_ "" ::.)
0 0 U
I"
__ ______ -___ I
..
" .
_I
" .
;
'I
WAYNEF.SHADE
Attorneya1 Law
53 West Pomfret Street
Carlisle. Pennsylvania
17013
v n .
. .,;",
THERESA P. NANCE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
v.
: NO. 99-130 CIVIL TERM
DAVID W. NANCE,
Defendant
: IN DIVORCE
AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE
OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER S3301(c)
OF THE DIVORCE CODE
COMMONWEALTH OF PENNSYL VANIA)
) SS:
COUNTY OF CUMBERLAND )
I.
A Complaint in Divorce under g3301(c) of the Divorce Code with Notice of
Availability of Counseling was filed on January 8,1999, and served on January 13,1999.
2.
The marriage ofPlaintitTand Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and service of the Complaint.
3.
I consent to the entry of a Final Decree of Divorce without notice.
4.
I understand that I may lose rights concerning alimony, division of property,
~ ~
WAYNEF.SHADE
Attorney at Law
S3 West Pomfret Street
Carlisle, Pennsylvania
11013
- .-,," ..
. 'l' ~
lawyer's fees or expenses if! do not claim them before a divorce is granted.
5.
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.
6.
I have been advised of the availability of marriage counseling and of my right to
counseling and understand that I may request that the Court require that my spouse and I
participate in counseling.
7,
I understand that the Court maintains a list of marriage counselors in the Domestic
Relations Office, which list is available to me upon request.
8,
Being so advised, I do not request that the Court require that my spouse and I
participate in counseling prior to a Divorce Decree's being handed down by the Court.
9.
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: II-Z-- 00
/) ,
~~v;-
.'- -=r E
a:; C")
~ co "5:5;
l1JQ C)~
~!r: - O;c
-
() r~~ oq; .'"l~
" >"
C~ ~ r- S~
(11.__ I 0:7
QI:.~ ~ L1J(f)
S2 nJu.. I
~.:. - ":--::
". <::> "5 I
0 <:::> C>
".
',.
~ ..
.' ..
.
.
;~, ....
THERESA p, NANCE,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS,
CIVIL ACTION - DIVORCE
DAVID W. NANCE,
DefendantlRespondent
NO. 99 - 130 CIVIL TERM
IN DIVORCE
DR# 28,243
PaeseS# 722100633
ORDER OF COURT
AND NOW, this 2nd day of August, 1999, upon consideraIion of the allached Petition for
Alimony Pendente Lite and/or counsel fees, it is hereby directed that the panies and their respective
counsel appear before RI. Shaddav on AUllust 23, 1999 for a conference, at 13 N. Hanover St., Carlisle,
P A 17013, after which the conference officer may recommcnd that an Order for Alimony Pendente Lite
be entered.
YOU arc funher ordered to bring to the conference:
(I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement allaehed to this order, completed as required by Rule
1910.11((:)
(4) verification of child care expenses
(5) proof of medienl coverage which you may have, or may have available to you
IF you fail to appear for the conference or bring the required documents, the Coun Illay issue a
warrant for your arrest.
BY THE COURT,
George E. Hoffer, President Jndge
yopies mailed
8'.)...q~ to <
Dale of Order: Augnst 2. 1999
,;jJ!~~~
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND
REPRESENT YOU. 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 MAY GET
LEGAL HELP.
Petitioner
Respondent
Peter Russo, Esquire
Wayne Shade, Esquire
72
R.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVE.
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
F:LED-<JFFiCE
OF r;..:;: F":1Tf-:ONDTAQY
99 AlJG -2 PH l,: 14
CU.~.<e..::f~:.,...:.:~J COUNTY
PEN0:SYLVN\!A
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 RND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Lawyers Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
lhe Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the
court, please contact our office. All arrangements must be made at least 72 hours prior to
any hearing or business before the court. You must attend the scheduled conference or
hearing.
,
THERESA P. NANCE
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
99-130 CIVIL TERM
DAVID W. NANCE
Defendant
IN DNORCE
PETITION FOR ALIMONY PENDENTE LITE
AND NOW, COMES, Plaintiff, Theresa P. Nance, by and through his counsel,
Peter J. Russo, Esquire, and avers the following in support of her Petition for Alimony
Pendente Lite:
1. Petitioner is Theresa P. Nance, an adult female residing at11 01 Lindham Street,
Apt 311, Mechanicsburg, Pennsylvania (hereinafter Wife).
2. Respondent is David W. Nance, an adult male residing at 12 Richland Lane,
8109, 812, Apt T8, Camp Hill, Pennsylvania (hereinafter Husband).
3. The parties were married on November 20, 1965 and were separated on or
about January 8, 1999.
4. On or about, January 8, 1999, Wife filed a Divorce Complaint with the
Cumberland County Court of Common Pleas.
5. Said Complaint for Divorce contains a count requesting alimony pendente lite.
6. Husband, a computer specialist, is employed by the federal government earning
approximately $62,000.00 per year.
7. Wife is currently unemployed and her last employment paid Wife approximately
$6.00 per hour.
I ' .
8. Since the date of separation, Wife has received no money from Husband.
9. Wife is without sufficient funds to support herself and to meet the costs and
expenses of living and is unable to maintain herself during the pendency of this action.
10. Wife's income is not sufficient to provided for her reasonable needs during the
pendency of this action.
11. Husband has adequate earnings to provide alimony pendente lite for his Wife.
WHEREFORE, the Petitioner, Theresa P. Nance, respectfully requests this
Honorable Court to compel the Respondent, David W. Nance, to pay her alimony
pendente lite.
?;:t:Yd~ _ .
Peter J. Russo
Counsel for Petitioner
Date: ., I~O'''1
THERESA P. NANCE
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
99-130 CIVIL TERM
DAVlDW. NANCE
Defendant
IN DIVORCE
VERIFICATION
Peter J. Russo, Esquire hereby states that I am counsel for Petitioner, Theresa
p, Nance, and that the statements made in the forgoing are true and correct to the best
of my knowledge, information, and belief. The undersigned understands that the
statements therein are made subject to the penalties of 18 Pa. C. S. Section 4904
relating to unsworn falsification to authorities.
C ~~r~
Peter J. Russo
Counsel for Petitioner
Date:~
. .
THERESA P. NANCE
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
99-130 CML TERM
:
:
DAVID W. NANCE
Defendant
IN DIVORCE
CERTIFICATE OF SERVICE
I, Peter Russo, hereby certify that I am on this day serving a copy of the foregoing
document upon the person (s) and in the manner indicated below:
Service by First-Class Mail, Postage Prepaid, and Addressed as follows:
Wayne F. Shade, Esquire
53 West Pomfret Street
Carlisle, PA 17013
~IY~,
-'"~ P-J~
Peler J. Russo
Counsel for Petitioner
Dale: ..,1 'aO I!M
>- 0' r;;
~ c
):.'= L_
:::>.q:
l.Llq S2 u:2;
~~<-~ ...1- U""
~t- J_ ...: c:)~
(~) t:~) ;.-~
:~<"'i:n
Of.. N -)2:
UJ'-'- tllm
G!h:' -'
:::> ~:::? a..
;::: -,
1"- en ::s
0 en (J