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THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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STATE OF PENNA.
DIANE MARIE NILSEN,
Plaintiff No. .9.974.71.3.5., CIVIL ° 19
Versos
JEFFERY LEE NILSEN,
Defendant
DECREE IN
DI V 0 R C E
AND NOW, ...... !!??! .. Zs .... , 1999.... , it is ordered and
decreed D iane Mare Nilsen
that . ..........i.................................... . plaintiff,
and Jeffery }ree Nilsen
............................................... defendant,
are divorced from the bonds of matrimony.
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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. .Marriage. .Sett.lement .Agreement - dated. August .6,.-1-999- -is • • .
hereby 'n orporated in this Decree in Divorce.
.... .......................................................
6y T e Coui
Attest: ? _.. _..?.. .. J.
Prothonotary
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LAW OFFICE OF
THOMAS D. GOULD
ATTORNEYS AT LAW
2 EAST MAIN STREET • SHIREMANSTOWN. PA 17011
717.731-1461
MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT made this ? day of 6[f T 1999, by
and between Jeffery Lee Nilsen, (hereinafter referred toy as
"Husband") and Diane Marie Nilsen, (hereinafter referred to as
"Wife")
WITNESSTH:
WHEREAS, the Husband and Wife were lawfully married on August
15, 1975; and
WHEREAS, differences have arisen between Husband and Wife in
consequence, of which they intend to live apart from each other;
and
WHEREAS, there were two (2) children born of this marriage,
Heather Sue Nilsen, born July 22, 1976 and Jeffery Lee Nilsen, Jr.,
born November 11, 1977; 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.
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 other, nor in any way
interfere with the peaceful existence, separate and apart from the
other, and each of the parties 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
Husband will, within 5 days, provide Wife with a list of
the personal property that he will be removing from the marital
home. Once that property has been removed from the marital home,
it shall be deemed that the parties have equitably 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, except those
on Husband's list, which are now in the possession or under the
control of the other.
4. AUTOMOBILES
The parties own two (2) vehicles, a 1996 GEO Tracker and
a 1996 Chevrolet S-10. Husband shall be the owner of the 1996
Chevrolet S-10 and Wife shall be the owner of the 1996 GEO Tracker.
Husband shall have all right and title to his vehicle. Each party
shall make application to refinance his/her vehicle. Until the
refinancing is approved, each party shall continue to pay the
vehicle payments for their respective vehicles. Each party shall
maintain insurance on their respective vehicles and be responsible
for any and all maintenance and other payments related thereto.
Husband shall indemnify and hold Wife harmless for all matters
related to his vehicle. Wife shall have all right and title to her
vehicle and shall maintain insurance on her vehicle and be
responsible for any and all maintenance and other payments related
thereto. Wife shall indemnify and hold Husband harmless for all
matters related to her vehicle.
5. DIVISION OF REAL PROPERTY
The real estate owned by the parties as tenants by the
entireties situated at 16 Nittany Drive, Mechanicsburg, Cumberland
County, Pennsylvania shall be conveyed in fee simple to Wife. Wife
shall assume full responsibility for all maintenance and the
payment of the existing mortgage, note and taxes. Wife shall
indemnify and hold Husband harmless from any liability on the
marital home's mortgage, note and taxes. Wife shall make
reasonable efforts to refinance the mortgage/note on the marital
home. Husband agrees to cooperate with wife and provide all
required information and sign any documents necessary to assist
Wife in refinancing the mortgage and note solely into her name. As
consideration for Husband relinquishing his interest in the marital
home, Wife is assuming a majority of the marital debt and is
waiving any right to Husband's substantial retirement accounts.
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6. MARITAL DEBTS
Wife shall be responsible for all marital debts solely in
her name and the mortgage on the marital home. Husband shall be
responsible for all marital debts solely in his name and the joint
Sears and AAA MasterCard accounts. Husband shall open a new Sears
account solely in his name and transfer the joint account balance
into his account. Husband shall obtain another credit card solely
in his name and transfer the AAA MasterCard account balance into
his new account. Husband shall be responsible for the PNC loan for
his S-10 and the PNC vehicle loan he has co-signed with his son.
Wife shall, within 10 days, apply for a new mortgage on the former
marital home in a sufficient amount to payoff the existing
mortgage, Home Equity loan, PNC line of credit and her vehicle loan
with Chase Manhattan. During the period of Wife's application for
the new mortgage, Husband shall pay wife $500.00 per month as his
equitable share of the marital debt being refinanced by Wife.
Husband's first payment shall be due August 15, 1999 and on the
15th of each subsequent month until such time as the marital home
is refinanced and Wife's marital debts are satisfied. Husband
shall not be liable for any debts related the marital home. Each
party agrees to indemnify and hold the other harmless for any debt
that they are responsible for pursuant to this Agreement. Each
party agrees that they will not attempt to discharge any debt owed
to the other pursuant to this Agreement in any bankruptcy
proceeding.
7. PENSION AND RETIREMENT ACCOUNTS
Husband and Wife shall maintain their separate pension
and/or retirement accounts. 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
substantial pension or retirement accounts.
8. SUPPORT/ALIMONY/ALIMONY PENDENTE LITE
Other than as provided in this agreement each party
hereby waives, releases, discharges and gives up any rights either
may have against the other to receive spousal support, alimony
pendente lite or alimony.
9. FILING OF IRS RETURN
Husband and Wife agree to file a separate tax return for
tax year 1999 and all subsequent years. Wife shall be allowed to
claim the interest payments on the current marital home mortgage.
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10. DIVORCE
Wife shall be filing a Complaint in Divorce on August 6,
1999 in Cumberland County. The parties agree to cooperate with
each other in obtaining a final divorce of the marriage. It is
agreed that at the expiration of the 90 day waiting period the
parties shall execute and allow to be filed the documents necessary
to obtain a divorce. Each party shall be responsible for their
respective attorney fees and costs. However, upon service of
Complaint in Divorce, Husband agrees to pay Wife $250.00 to assist
her in the payment of her attorney fees related to the divorce
action.
11. INCORPORATION
This agreement is to be incorporated into any subsequent
Decree in Divorce.
12. CONTINUED COOPERATION
The parties agree that they will within fifteen days
after the execution of this agreement execute any and all written
instruments assignments, releases, deeds or notes or other such
writings as may be necessary or desirable for the proper
effectuation of this agreement.
13. 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.
19. 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.
15. 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
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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, curtest', statutory allowance, widows allowance, right to
take in intestacy, right to take against the will of the other and
the right to act as administrator or executor of the other's
estate.
16. BINDING AFFECT
This agreement shall be binding upon the parties' heirs,
successors and assigns.
17. 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.
18. 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.
19. 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.
20. 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.
21. APPLICABLE LAW
This agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
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IN WITNESS WHEREOF,
Witness L
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the parties set their hands and seals
Date f ry Lee it en
e- 6 -9ci U_1-ate...
Date Diane Marie Nilsen
Commonwealth of Pennsylvania:
ss
County of Cumberland
PERSONALLY APPEARED BEFORE ME, this 6 day of this 14W14'S'r
1999, a notary public, in and for the Commonwealth of Pennsylvania,
Jeffery Lee Nilsen, 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
Commonwealth of Pennsylvania:
ss
County of ?U<11/fPat cFysr n
hand and official seal.
PERSONALLY APPEARED BEFORE ME, this G day of this RirfiHyf
1999, a notary public, in and for the Commonwealth of Pennsylvania,
Diane Marie Nilsen, 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.
NotwWSea1 4ary4fePaub ic-
KOMO HatnPdon Twp-, Cumberland NMW Public County
My CommWfon Expires March is, 2001
Member. Pennttn,,,.:,, ??.,.:...;... _,
DIANE MARIE NILSEN,
PLAINTIFF
V.
JEFFERY LEE NILSEN,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - 4735 CIVIL TERM
IN DIVORCE
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 August 6,
1999 by Acceptance of Service.
3. Date of execution of the affidavit of consent required by
Section 3301(c) of the Divorce Code: By Plaintiff, November 9,
1999; By Defendant, November 9, 1999.
4. Related claims pending: None
5. Date Plaintiff's Waiver of Notice in § 3301(c) divorce
was filed with the Prothonotary on November 19, 1999.
Date Defendant's Waiver of Notice in § 3301(c) divorce
was filed with the Prothonotary on November 19, 1999.
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Thomas D. Gould, Esquire
Attorney For Plaintiff
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LAW OFFICE OF
THOMAS D. GOULD
ATTORNEYS AT LAW
Z EAST MAIN STREET • SHIREMANSTOWN. PA 17011
717.731-1161
DIANE MARIE NILSEN, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99 - 14 73.6 CIVIL TERM
JEFFERY LEE NILSEN, IN DIVORCE
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, 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's
Office, Fourth floor, 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) 299-3166
1-800-990-9108
9.0e.
DIANE MARIE NILSEN,
PLAINTIFF
V.
JEFFERY LEE NILSEN,
DEFENDANT
IN THE COURT OF COMWN PLEAS
CM0ERLAND COUNTY, PENNSYLVANIA
NO. 99 - CIVIL TERM
IN DIVORCE
COMPLAINT UNDER SECTION 3301(a) OR
3301(d) OF THE DIVORCE CODE IN DIVORCE
1. The Plaintiff is Diane Marie Nilsen who resides at 16
Nittany Drive, Mechanicsburg, Cumberland County, Pennsylvania
17055.
2. The Defendant is Jeffery Lee Nilsen whose last known
address was 16 Nittany Drive, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
3. The Plaintiff and Defendant have been bonafide residents
of the Commonwealth of Pennsylvania for at least six months
immediately prior to the filing of this Complaint.
9. The Plaintiff and Defendant were married on August 15,
1975 in Cumberland 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.
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.
Thomas D. Gould
Attorney for Plaintiff
I.D. # 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
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falsification to authorities.
Date:
Diane Marie Nilsen
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DIANE MARIE NILSEN, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAN
V. NO. 99 - 4735 CIVIL TERM
JEFFERY LEE NILSEN, IN DIVORCE
DEFENDANT
AFFIDAVIT OF SERVICE
I, Thomas D. Gould, attorney for Plaintiff, in the above
captioned action for divorce, hereby certify that a conformed and
certified copy of the Complaint in Divorce was served upon the
Defendant by handing him a copy on August 6, 1999 pursuant to Rule
1920.4(d) 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 August 6, 1999.
Thomas D. Gould
ID # 36508
Attorney At Law
2 East Main Street
Shiremanstown, PA 17011
(717) 731-1461
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DIANE MARIE NILSEN,
PLAINTIFF
V.
JEFFERY LEE NILSEN,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - '4735" CIVIL TERM
IN DIVORCE
ACCEPTANCE OF SERVICE
I, Jeffery Lee Nilsen, accept service of the Complaint In
Divorce in the above captioned matter.
Dated:
£e Lee Ni sen
6 Nittany Drive
Mechanicsburg, PA 17055
DEFENDANT
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DIANE MARIE NILSEN, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAN
V. NO. 99 - 4735 CIVIL TERM
JEFFERY LEE NILSEN, IN DIVORCE
DEFENDANT
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on August 6, 1999.
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:
Diane Marie Nilsen
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DIANE MARIE NILSEN,
PLAINTIFF
V.
JEFFERY LEE NILSEN,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - 4735 CIVIL TERM
IN DIVORCE
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 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: /7?9y 521,L ..
Diane Marie Nilsen
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DIANE MARIE NILSEN, IN THE COURT OF COMM PLEAS
PLAINTIFF aRdBERLAND COUNTY, PENNSYLVANIA
V. NO. 99 - 4735 CIVIL TERN
JEFFERY LEE NILSEN, IN DIVORCE
DEFENDANT
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on August- 6, 1999.
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: ylG/i ?p9I
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DIANE MARIE NILSEN,
PLAINTIFF
V.
JEFFERY LEE NILSEN,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - 4735 CIVIL TERM
IN DIVORCE
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: ?,
4 Lee Nilsen
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