HomeMy WebLinkAbout03-5182
In the Court of Common Pleas of Cumberland County,
Pennsylvania
NANCY SHENK BANZHOFF,
Plaintiff,
GORDON K. BANZHOFF, JR.,
Defendant.
)
)
)
)
)
)
No. 2003 - S /1 ~
vs.
CIVIL TERM
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following 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 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 at:
Office of the Prothonotary
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
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 LA WYER 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, P A 17013
(717) 249-3166
.... '
Michael S. Travis
ID No. 77399
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717)731-9509
In tbe Court of Common Pleas of Cumberland County,
Pennsylvania
NANCY SHENK BANZHOFF,
Plaintiff,
)
)
)
)
)
)
No. 2003 - S, g J-
CIVIL TERM
IN DIVORCE
VS.
GORDON K. BANZHOFF, JR.,
Defendant.
COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR
3301(d) OF THE DIVORCE CODE IN DIVORCE
Plaintiff, by her attorney Michael S. Travis, respectfully represents:
I. Plaintiff is Nancy Shenk Banzhoff, who resides at 603 Manor Road, Camp Hill,
Cumberland County, Pennsylvania, 17011, since August 13,2003.
2. Defendant is Gordon K. Banzhoff, Jr., who resides at 245 N. 25th Street, Camp
Hill, Cumberland County, Pennsylvania, 17011. since June 1999.
3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania
for at least six months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on June 27, 1999, 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 parties have been living separate and apart. At a subsequent time, Plaintiff
may submit an Affidavit that the parties have lived separate and apart for at least two (2) years.
8. 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.
" ..
- "
9. Neither Plaintiff nor Defendant are in the Military Service in the United States
Armed Serviced. Neither Plaintiff nor Defendant are within the provisions of the Soldiers' and
Sailors' Relief Act of Congress of 1940 and its amendments.
10. Plaintiff requests the court to enter a decree of divorce.
Count I
Equitable Distribution
II. The averments contained in Paragraphs I through 10 of this Complaint are
incorporated herein by reference as though set forth in full.
12. Plaintiff and Defendant have acquired property, both real and personal, during the
marriage which constitutes marital property subject to equitable distribution under the Divorce
Code.
13. Plaintiff and Defendant each owned, prior to marriage, personal property which
has increased in value during the marriage, and/or which has been exchanged for other property
which has increased in value during the marriage, all of which is marital property subject to
equitable distribution under the Divorce Code.
14. Plaintiff and Defendant have been unable to agree as to equitable division of said
property.
WHEREFORE, Plaintiff, Nancy S. Banzhoff, respectfully requests the Court to divide all
marital property equitably between the parties.
- "
Count II
Alimony
15. Plaintiff lacks sufficient property to provide for her reasonable needs in
accordance with the standard ofliving established during the marriage.
16. Plaintiff is unable to support herself in accordance with the standard of living of
the parties established during the marriage through appropriate employment.
17. The Defendant is employed and enjoys a substantial income from which he is able
to contribute to the support and maintenance of Plaintiff and to pay her alimony in accordance
with the Divorce Code of Pennsylvania.
WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff
from Defendant permanent alimony in such sums as are reasonable and adequate to support and
maintain Plaintiff in the station oflife to which she has become accustomed during the marriage.
Count III
Alimony Pendente Lite
18. Plaintiff is without sufficient income to support and maintain herself during the
pendency of this action.
19. Defendant enjoys a substantial income and is well able to contribute to the support
and maintenance of Plaintiff during the course of this action.
WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her
reasonable alimony pendente lite during the pendency of this action.
Count IV
Counsel Fees and Expenses
20. Plaintiff is without sufficient funds to retain counsel to represent her in this
matter.
21. Without competent counsel, Plaintiff cannot adequately prosecute her claims
against Defendant and cannot adequately litigate her rights in this matter.
22. Defendant enjoys substantial income and is well able to bear the expense of
Plaintiff's attorney and the expenses of this litigation.
WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal
fees and expenses incurred by Plaintiff in the litigation of this actio .
Mic ael S. Travis
Attorney for Plaintiff
J.D. # 77399
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717) 731-9502
Fax 731-9511
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. S 4904, relating to
unsworn falsification to authorities.
/--'-'\
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NANCY SHENK BANZHOFF,
Plaintiff,
In the Court of Common Pleas of Cumberland County,
Pennsylvania
vs.
)
)
)
)
)
)
No. 2003 -05182
CIVIL n:RM
IN DIVORCE
GORDON K. BANZHOFF, JR.,
Defendant.
L4b~~
ACCEPTANCE OF SERVICE
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Michael S. Travis
Attorney for Plaintiff
4076 Market Street, Suite 209
Camp Hill, PA 17011
717-731-9502
GORDON K. BANZHOFF, JR.,
Defendant.
) IN THE COURT OF COMMON PLEAS OF
) CUMBERLAND COUNTY, PENNSYLVANIA
)
) No. 2003-05182
)
) In Divorce
)
NANCY SHENK BANZHOFF,
Plaintiff,
v.
INVENTORY OF PLAINTIFF
Plaintiff, Nancy S. Banzhoff, files the following inventory of all property owned or
possessed by either party at the time this action was commenced and all property transferred
within the preceding three years.
Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff
understands that false statements are made subject to the penalties of 18 Pa. C.S. 94904, relating
to unsworn falsification to authorities.
Date: ~,\~\cq
I
ASSETS OF THE PARTIES
Plaintiff marks on the list below those items applicable to the case at bar and itemizes the
assets on the following pages. If an item has been appraised, a copy of the appraisal report is
attached.
(x) 1. Real property
(x) 2. Motor Vehicles
( ) 3. Stocks, bonds, securities and options
() 4. Certificates of deposit
(x) 5. Checking accounts, cash
(x) 6. Savings accounts, money market and savings certificates
() 7. Contents of safe deposit boxes
() 8. Trusts
(x) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries)
( ) 10. Annuities
(x) 11. Gifts
(x) 12. Inheritances
( ) 13. Patents, copyrights, inventions, royalties
(x) 14. Personal property outside the home
( ) 15. Businesses (list all owners, including percentage of ownership and officer/director
positions held by a party with company)
( ) 16. Employment termination benefits-severance pay, workmen's compensation claim/award
2
( ) 17. Profit sharing plans
(x) 18. Pension plans (indicate employee contribution and date plan vests)
(x) 19. Retirement plans, Individual Retirement Accounts
( ) 20. Disability payments
( ) 21. Litigation claims (matured and unmatured)
( ) 22. MilitaryN.A. benefits
( ) 23. Education benefits
(x)24. Debts due, including loans, mortgages held
(x)25. Household furnishings and personalty (include as a total category and attach itemized list
if distribution of such assets is in dispute)
(x) 26. Other
3
MARITAL PROPERTY
Plaintifflists all marital property in which either or both spouses have a legal or equitable
interest individually or with the other person as of the date this action was commenced:
Item no. Description of property Name of all Estimated value
owners
I. Real estate jointly title $420,000.00
245 N. 25th Street, Camp Hill, P A 170 II H/W tenant (per Husband's
Purchased 11130100 for $329,600 by entireties bankruptcy petition)
Wife paid $8,000 deposit
2. 1992 SAAB driven by Wife, W $2,395.00
136,000 mi.
2. 1990 Jaguar XJS Conv. H $7,500.00
2. 1989 SAAB H $ 500.00
5. Checking account H $ 200.00
PNC Bank
14. Mobile home: 1997 Champion, located at W $ unknown
223 Seminal Ave, Corry, PA, used as repossessed by
business investment set up by Husband creditor
repossessed by Greentree
18. State Employee Retirement System W $72,170.00
retirement account, see Exhibit A
19. Merrill Lynch Retirement Custodial W $7,141.74
Account (Highmark 40lK rollover, 1995
to 1998) as of 12/31/03
25. Household furnishings, see list attached J $14,335.00
as Exhibit B
26. Other: credits for substantial contributions J $6,938
by Nancy Banzhoff, Husband was to
reimburse: Jamaica trip, Ocean City, MD
deposit, Country Club dues, cash, auto
repairs and timeshare deposit
26. Cancun timeshare RCI membership J $] 5,000
3159-20645 (15 weeks)
4
NON-MARITAL PROPERTY
9. Life insurance policy (term life) W $0
House of Representatives
12. Property inherited by Nancy Banzhoff: W $ 375.00
Victorian Loveseat and chair, Cherry
coffee table, Round wooden table, White
French provincial chair (w/pillow),
Mantel clock
25. Property owned by Nancy Banzhoff prior W $6,930.00
to marriage located at marital residence
See list attached as Exhibit C
26. Gordon Banzhoffholds property
belonging to Tony Cantone (son of Nancy
Banzhoff) See list attached as Exhibit D
PROPERTY TRANSFERRED
No known tram/ers
5
MARIT AL LIABILITIE~
Item no. Description of debt: Name of all Estimated claim
owners
I. Residential mortgage: Community Banks J $ 355,000.00
2. 2,d mortgage: Community Banks J $ 38,000.00
3. Mobile home debt (investment of W $27,633
Husband)
4. Municipal lien, Borough of Camp Hill J $334.68
11/2002
5. Income taxes due for years 200 I and J $ unknown to
2002, Plaintiff claims credit for any Plaintiff
claims taxes due. Plaintiff is filing
separate return(s).
6. Country club of Harrisburg J $6,393.51
Plaintiff has been wrongly excluded from residence since separation and claims a credit
for lost use of residence and personalty at home.
NON-MARITAL LIABILITIES
Nancy Banzhoff: Bank of America, Bank One, Boscov's, Capitol One Mastercard,
Capitol One Visa, Capitol One Platinum, Chase Mastercard, Texaco.
Gordon Banzhoff: Extensive debts listed on Chapter 13 Bankruptcy No. 1-03-04698,
Middle District Bankruptcy Court, Pennsylvania
6
,~;, COMMONWEALTH OF PENNSYLVANIA
pTATE EMPLOYEES' RETIREMENT SYSTEM
~f} HARRISBURG REGIONAL COUNSELING CENTER
t, 30 NORTH THIRD STREET, ROOM 319
HARRIS8URG, PA 17101
717783.9065
1.800-633.5461
FAX: 717-783-9599
www.sen.state.pa.us
February 24, 2004
NANCY S, BANZHOFF
PERSONAL AND CONFIDENTIAL
603 MANOR RD.
CAMP HILL PA 17011
Dear Ms, Banzhof!:
SSN: __8072
Responding to your inquiry regarding the value of your retirement account with the State Employees' Retirement System, I
provide you with the following summary of member contrtbutions and interest
Valu. of Account as of Jun. 27. 1999:
Total Contributions and Interest $ 632.7Q_
Years of Credited Service ______~6818 yrs_
.Since you were not vested in our System as of the above date, the only value to your account Is your accumulated
conlributionSjllus the Interest they have earned.
Valu. of Account.s of AUQust 13. 2003:
Total Contributions and Interest ____,_______,___.___,____1.!!l52.43
Present Value _ __________--E2, 17~~
Final AveraQe Sa~ _____________,_____,________~ 26,639.05
Maximum Single Life AnI!!l!!Y______,__,______,____________,____1.382J1..
Years of Credited Service 9.0163 yrs
I trust this information is sufficient for your needs. It is vour resDonslbllltv to DromDtlv Drovld. all of this Infonnatlon to vour
attomev.
Sincerely,
~ ~----?u~
JaneKuklish
Regional Manager
Enciosures: divinf.mem; sample DRO; SERS-157
co: SERS Region active files
Scanned. DRO correspondencelhistortcal [NANCY S. BANZHOFF, ~072]
PLAINTIFF'S
EXHIBIT
A-
fut S'E'lIS' we6site at www.sers.state.Va.us
PROPERTY PURCHASED DURING MARRIAGE
Livine Room:
I) End Table - Cherry - Dropleaf (NSB paid) - $150 - 2001 _ $100
2) Ceramic Multi-colored Lamp w/shade (Wedding Gift from Gordy's parents) - GIFT-
1999 - value - $100
3) Scounces - wall (Wedding Gift from Gordy' s parents) - GIFT - 1999 _ value _ $50
Dinine Room:
I) Plates (rooster) located in drysink cabinet - (NSB paid) - $36 - 2002 - value _ $30
2) Dining Room Table (NSB paid) - $1600 - 2001- value _ $1500
3) Dining Room Chairs (4 side chairs, 2 armed chairs) "'00 - 2001 _ value __ $/~OD
4) Material- Curtains (NSB paid) - $100 - 2000 - value _ $75
5) Hanging Chandelier (Wedding GIFT - GIill's parents) -1999 - value _ $200
Den:
I) Various articles - artwork figurines oflady and man golfer sitting on
windowsi1llbookcase - (NSB paid) - $ 30 - 2000 - value - $25
Bar:
I) Wine glasses (wedding gifts only) - GIFTS - value _ $50
2) Ceramic pitchers/glass pitchers (wedding gifts only) - GIFT - value _ $100
3) Ceramic vases - NSB/GKB initials (wedding gift-Sharon Rothenberger) _ GIFT _ value _
$25
Kitchen:
I) Framed Art - (Wedding Gift from Logan's) - GIFT - value _ $50
2) Silk Flowers in Vases (NSB paid) - $80 - 2000 - value _ $50
3) Decorative Items for House (NSB paid) - 1999 to 2003- value _ $100
4) GlasswarelDishware (Wedding Gift from AuntJBrother-In-LawlDaughter) _ GIFT _ $250
- 1999 - value $200
5) Framed Pictures of Family (NSB paid) -1999 to 2003 - value $25
6) Lighted Twig Tree (NSB paid) - $50 - 2002 - value $30
Familv Room:
I) Table lamps - green ceramic w/ lampshades (Wedding gift from NSB's mother) _ GIFT-
$100 - 1999 - value - $75
2) Coffee Table - Pine w/removable wicker baskets (NSB paid) _ $150 - 2002 _ value _
$100
3) Floor lamp - stained glass (NSB paid) - $125 - 2002 - value _ $100
4) Framed art - hole on golf course at Harrisburg Country Club (wedding gift from Eoff's)
- GIFT - value $50
5) Sony Flat Screen - 42 Inch TV - (NSB/GKB paid) - $2700 - 11/18/0 I - value _ $2000
Master Bedroom:
I) Lamps w/ tan and beige lampshades (2) - (NSB paid) - $300 - 2002 - value $150
PLAINTIFF'S
EXHIBIT
B
Large Bedroom:
I) ComputerlMonitor and Speakers (GKB paid for Jenny to attend West Virginia
University) - price unknown - value $1000 (?)
2) Computer/Monitor and Speakers (GKB paid for Kimmie to attend St. Joseph's , .,\
University) - price unknown - value $1000 (?) - I.o! Kll'htylte. <! St.sos"'ph ~ (1-.bfM-f>oOS>e....J
3) Laptop Computer (GKB paid for **Devon Road) - value $500 (?)
4) Printer (GKB paid) - value $250 (?)
Pink Bedroom:
I) White Queen-size Bed - MattresslBoxspring - Headboard _ $200 -1999 _ value _ $100
2) White Triple Dresser - $150 -1999 - value _ $100
3) White Nightstand - $100 -1999 - value - $50
4) Window Air Conditioner - (GIFT to NSB for Birthday) - $100 - 2003 - value _ $75
OUTSIDE-BACK PORCH:
I) Gas Grill - $350 - 2000 - value - $250
2) Cushions for outside furniture (NSB paid) - $100 - 2002 - value $50
3) Stained-glass tOp/WTOUght iron plant stands (4) - (NSB paid) - $20 - 2003 - value _ $10
4) Retractable Awning - Back Porch (NSB/GKB paid) - $2,500 - 2000 - value _ $2,000
5) Birdfeeder- (Birthday Gift to NSB from GKB) - 2001 - value _ $10
Garage: $>
I) Jaguar (Paid GKBINSB) - /I, ODD J> _
2) SAAB for Jenny (paid GKB) - Where is this now? to;; DO
3) SAAB - Nancy (Paid NSB) .JSt, s-o 0
(;rIf'L- l'srcmve -~5(:, DfSo
Articles Left bv Gordv' s Parents 'When Purchased House CNSB/GKB)
I) Gold Couch in Family Room - value $100
2) End Table (Trunk) - Family Room - value $100
3) Lazy Boy Chair - Family Room - value $50
4) Round Table with 3 Chairs - Kitchen - value $100
5) Low Hutch - Kitchen - value $100
6) Armed Chair - Kitchen - value $50
7) High Back Upholstered Chair - Living Room - value $50
8) End Table - Living Room - value $35
9) Grandfather's Rocker - Living Room - value $35
10) Sofa Table - Dining Room - value $35
II) Upholstered Chairs (2) - Matching - Den - value $100
12) Lamp with Shade - Den - value $25
13) End Tables - Stackable - Den - value $25
14) Desk wi Chair - Den - value $25
15) Framed Art (3) - Den - value $25
16) Framed Art - Upstairs Hallway - value $100
17) Highboy - Cherry - Small Bedroom - value $150
18) Single Bed - Small Bedroom - value $50
19) Nightstand - Small Bedroom - value $25
20) Desk - Large Back Bedroom - value $25
21 ) Various Floor Lamps - Large Back Bedroom - value $25
22) Pool Table - Basement - value $1000
23) Washer - Basement - value $100
{DtPlL- Ts-h mQ.J-e. -~f SSD
" .'
FURNITURE BELONGING TO NANCY BANZHOFF (Brought into the Marriage from Previous
Marriage)
Livin!! Room:
I) Victorian Loveseat (Grandmother's) - Inheritance - $500 value - 1976 = $100
2) Victorian Chair (Grandmother's) - Inheritance - $250 value - 1976 = $50
3) Coffee Table- Cherry- Inheritance - $100 value - 1976 = $25
4) Chair - Upholstered with Pillows (2) - 1986 - value $50
5) Couch - White Upholstered furniture - 1986 - value $150
6) Loveseat - White Upholstered furniture - 1986 - value $100
7) Roundtable - Cherry-1986 - value 'I-/()O
8) Lamp - glass crystal base wi shade - 1986 - value $100
Vestibule:
I) High-boy Painted Hutch (David Stacks) - $500 - 1983 - value $100
2) Bureau - Pine (4 drawer) - $500 - 1982 - value $250
3) Brass Vase with Silk Flowers - $25 - 1988 - value $15
4) Birdhouse (gill from daughter) - GIFT to NSB - value $15
Dinin!! Room:
I) Pine Cupboard - (Gift to NSB) -1995 - $100
2) Pine Drysink Cabinet - 1978 - $100
3) 2 Painted Ceramic Ducks - (Artwork ofNSB) - 1987 - $25
4) Plates located in drysink cabinet - value $30
5) Napkin holders "Eat, Drink, and Be Merry" - value $30
6) Stemware in Dining Room Hutch (Red) - 1988 - $50
7) Glassware in Dining Room Hutch (Red) - 1988 - $50
8) Glass Stemware in Dining Room Hutch - 1988 - $50
KitchenlBar:
I) Family PicturesIFramed Art - value $50
2) Recipe Books (Kitchen Cabinet) - value $50
3) Platter - tan (ceramic) (daughter's gift to NSB) - GIFT to NSB - value $10
4) Platter- white (ceramic) (Christmas gift to NSB) - GIFT to NSB - value $10
5) Serving Platter - blue (ceramic) - GIFT to NSB - value $10
6) Wooden Chopping Block - value$l 0
7) Wooden Salad Bowl - value$l 0
8) Kitchen Utensils and Cookware - value $10
Familv Room:
I) Green/white plaid love seat - $250 - 1994 - value $50
2) (2) Table lamps - green ceramic with lampshades (gift from mother) - GIFT to NSB - value $50
3) Blue leather Hiback chair and ottoman - $500 - 1986 - value $150
4) StereolHifi CD player and radio with speakers - $1,000 -1993 - value $150
5) DVD Player (gift from son) - GIFT to NSB - value $100
6) DVD'sNideos - value $25
7) CD's - value $50
8) Floor lamp, stained glass shade (NSB paid) - $100 - value $50
9) Mantel Clock (grandfather's) - Inheritance - 1994 - value $100
Den:
I)
2)
3)
Photograph Books - Children - Priceless
Artwork - value $15
Paperback books written byNSB's cousin - $50
- I -
PLAINTIFF'S
EXHIBIT
c
, . " ~.
. ,
4) Yearbooks in closet - priceless
5) Painting of Boy wlBaseball (NSB artist) - priceless
Basement:
I) All Christmas decorations, ornanlents, etc. -1974 to 1998 -- value $500 $:
2) All Halloween decorations, ornanlents, etc. - 1974 to 1998 - value $~ ldiJ
3) All Easter decorations, ornanlents, etc. -1974 to 1998 - value $l~
4) ****Son, Tony's, furniture, artwork, electronics, etc.
a. Decorative Pillows
b. Clothes
c. Kitchenware (Utensils, Cookware, Decorative Items)
d. Coffee Table
e. Electronics
f. Clock
g. Wall Art
h. Bath Articles
i. Rugs
j. Storage Shelf
k. DVD Player
1. TV
m. Electronic TV Ganle (Web TV-Ganle Boy)
n. Artificial Trees (3)
o. End Tables
p. Miscellaneous Items
5) Penn State!Budweiser Clydesdale Ceranlic Mugs - $100 - 1975 - value $25
6) Wire-franled Martini Light (birthday gift from aunt) - GIFT to NSB - value $25
7) Ceranlic PennState Decanter- $100 - 1975 - $25
8) Michener's White and Blue Ceranlic Lanlp with lanlpshade - $50 - 1977 - value $25
9) Round wooden table (antique) - Inheritance - value - $50
10) Round Kitchen Table (Clawfeet) - Oak wlExtender - $500 - 1976 _ value $100
ll)Luggage (3 piece) - value $100 .:t:.
2nd Floor Bedroom - Master: (All Bedroom Furniture purchased 1988 - $2500 _ value t_ I),CJC;
I) Night Stand (part ofNSB bedroom furniture) - cherry
2) Trunk (antique) - $150 - 1988 - value $75
3) Highboy (part ofNSB bedroom furniture) - cherry
4) Small swivel chair, upholstered - vanity - (part ofNSB bedroom furniture)
5) Fainting Couch (pink stripped) - (gill to NSB from Aunt) - value $50
6) Triple Dresser (part ofNSB bedroom furniture)
7) Tall Laungerie hutch (part ofNSB bedroom furniture)
8) Triple Dresser mirror (part ofNSB bedroom furniture
9) Clothes - $25
10) Articles in Drawers of Mirrored Vanity (6 drawers) _ $25
11) Jewelry - (belonging to NSB) - $25
Upstairs Hallway:
I) Physician's Bookcase with Glass Fronts - $150 - 1984 - $50
2) Pine Trunk (antique) - $250 - 1982 - $100
3) Clothes in Pine Trunk - $25
Pink Bedroom:
I) White French provincial chair - upholstered with upholstered pillow - Inheritance - value $50
2) Lanlps - (2) Tall with shades - $50 - 1988 - value $30
-2-
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3) Pottery Lamp - Blue/ gray with checkered shade - $50 - 1984 - value $25
4) Pink Reading Lamp - $10 -1982 - value - $5
5) Wall art - Boy and Girl - $50 - 1982 - value $15
6) Rose-stained glass mirror - $50 - 1982 - value $25
7) Pink/white/green rose pattern spread - $50 - 1993 - value $25
8) Pink (Laura Ashley) pattern sheets and pillowcases - $25 - 1998 - $10
9) Pillows (2) - $20 - 1998 - $10
Small Bedroom: <J;
I) Bureau (part ofNSB bedroom furniture) -1988 - value" 1 <;0
2) Son Tony's TV and Game Electronics
3) Clothes belonging to son, Tony
Large Bedroom - prior office:
I) Queensize Bed!M~ttresslBox Springs (Footboard and Headboard) - Part ofNSB bedroom
furniture - value $).50
2) Bedspread, sheets, shams, bedskirt, pillows - value $50
3) Brown ceramic lamp with plaid shade - $100 -1982 - value $50
Outside - Back Porch:
I) Black wrought iron table with 4 black wrought iron chairs - $150 - 1984 - value - $100
2) Black wrought iron love seat w/cushions (2) - $100 -1984 - value $50
3) Black wrought iron settee - $100 - 1984 - value $50
4) Black wrought iron end table - $25 -1984 - value $15
5) Stained glass-top wrought iron stands (4) - $40 -1998 - value - $20
6) White Chaise Lounges (3) - $150 - 1983 - value - $50
7) Large Roundtable with glass top (white) - $40 -1983 - value $25
8) White comer table with glass top - $50 - 1983 - value $25
9) Small round table with glass top (white) - $25 -1983 - value $15
10) White chairs (2) - $50 - 1983 - value - $25
II) Birdfeeder - GIFT to NSB from GKB - value $15
12) Wooden seat with black wrought iron base - $25 -1982 - value - $10
Garage:
I) Bicycles (Female) - $100 -1982 - value - $50
2) Small Bicycle (3-speed) - purchased for Granddaughter - value $25
3) Wine Barrel- $50 - 1982 - value $25
4) 2 Tan Chairs (Upholstered) - $250 - 1982 - value - $30
/0 TPr L {z.sfr. en a.k.D )$0r 31'0
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T-502 POOI/OOI F-422
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DATE: b<<:ember 12, 2003
TO: Michael S. Travis, Esq.
FAX: 717-731-91511
FROM: NANCY BANZHOFF
PHONE: 772/0751
FAX: 783-2861
SUBJECT: Tony Cantone's (son) List
PAGES INCLUbIN& COVER SHEET: 1 Pages Incll.lding Coversheet
44444*~AA~~A4.4.**-***********._____.R44A~_"'....~~A..~.AA4A..44**-**
Please find faxed to you the updated list regarding Tony Cantone's (son) Items
which remained in the house when he left after I had separated from Gordy:
1) Web TV, plus additional TV in bedroom
2) 20-30 Music CD's
3) 3 Artificial Palm Trees (decorative)
4) Vacuum Cleaner/Cleaning Supplies
5) Shelving Unit
6) Glass Coffee Table Clnd Top (3 removal glass pieces)
7) Water Fountain (4 ft. tall)
8) Framed Wall Artwork and Wall Clock
9) Wall hanging movie posters (framed)
10)Comforter and sheets, pillows (towels, washcloths, $hower curtain)
11) Decorative Pillows
12)Silverware, plates, cups, etc. (miscellaneous kitchen items-decorative)
PLAINTIFF'S
EXHIBIT
D
. .. .
NANCY SHENK BANZHOFF,
Plaintiff,
v.
GORDON K. BANZHOFF, JR.,
Defendant.
.. " .
) IN THE COURT OF COMMON PLEAS OF
) CUMBERLAND COUNTY, PENNSYLVANIA
)
) No. 2003-05182
)
) In Divorce
)
CERTIFICATE OF SERVICE
I, Michael S. Travis, certify that I have this day served a true and correct copy of the
foregoing docwnent by first class mail, postage prepaid, on the following person(s), addressed as
follows:
Date: ..J _J- 0 7'
Kelly Knight, Esquire
Cunningham & Chernicoff, P.c.
P.O. Box 60457
Harrisburg, PA 17l06-045:Z--:--
/--.;:;:;
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IC ael S. Travis
ID No. 77399
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717) 731-9502
Attorney for Plaintiff
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In the Court of Common Pleas ofCumbf'rland County,
Pennsylvania
NANCY SHENK BANZHOFF,
Plaintiff,
)
)
)
)
)
)
No. 2003..5182
CIVIL TERM
IN DIVORCE
vs.
GORDON K. BANZHOFF, JR.,
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 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 at:
Office of the Prothonotary
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LA WYER'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 A venue
Carlisle, P A 17013
(717) 249-3166
In the Court of Common Pleas of CumbE,rland County,
Pennsylvania
NANCY SHENK BANZHOFF,
Plaintiff,
)
)
)
)
)
)
No. 2003 - 5182
CIVIL TERM
IN DIVORCE
vs.
GORDON K. BANZHOFF, JR.,
Defendant.
NOTICE OF A V AILABILlTY OF COUNSELING
TO THE WITHIN-NAMED DEFENDANT:
You have been named as the Defendant in a Complaint in divorce proceeding tiled in the
Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance
with Section 3302(d) of the Divorce Code. you may request thai the court require you and your
spouse to attend marriage counseling prior to a divorce being handed down by the court. A list
of professional marriage counselors is available at the Domestic Relations Ot1ice. 13 North
Hanover Street, Carlisle, Pennsylvania. You are advised that thllS list is kept as a convenience to
you and you are not bound to choose a counselor from this list. All necessary arrangements and
the cost of counseling sessions are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your request for counseling within
twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver
of your right to request counseling.
Michael S. Travis
ID No. 77399
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717)731-9509
In the Court of Common Pleas of Cumb~'rland County,
Pennsylvania
NANCY SHENK BANZHOFF,
Plaintiff,
)
)
)
)
)
)
No. 2003..5182
CIVIL TERM
IN DIVORCE
vs.
GORDON K. BANZHOFF, JR.,
Defendant.
AMENDED
COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR
3301(d) OF THE DIVORCE CODE IN DIVORCE
Plaintiff, by her attorney Michael S. Travis, respectfully represents:
23. Plaintiff incorporates Paragraph 1- 22 of the Complaint in Divorce tiled on
September 30. 2003, as though set forth in full.
24. Plaintiff is Nancy Shenk Banzhoff, who resides at 603 Manor Road. Camp Hill,
Cumberland County. Pennsylvania, 17011. since August 13.2003.
25. Defendant is Gordon K. Banzhoff, Jr.. who resides at 245 N. 25'h Street, Camp
Hill, Cumberland County, Pennsylvania, 17011. since June 1999.
26. The Plaintiff wishes to amend her Complaint to add Section 3301(a)(6), as
additional grounds for divorce, for the following reasons: Defendant has offered such indignities
to Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life
burdensome.
WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree in Divorce,
divorcing Plaintiff and Defendant.
Respectful~itted,
./
0-.-
Mic ael S. Travis
ID No. 77399
Attorney f~Jr Plaintiff
4076 Market Street, Suite 209
Camp Hill, PA 17011
Date:
3-J..t-01
VERIFICATION
Dated:
In the Court of common Pleas of Cumberland County,
Pennsylvania
GORDON K. BANZHOFF, JR.,
Defendant.
)
)
)
)
)
)
No. 200:~ - 5182
CIVIL TERM
IN DIVORCE
NANCY SHENK BANZHOFF,
Plaintiff,
vs.
I, Michael S. Travis, certify that I have this day served a true and correct copy or the
foregoing document by first class mail, postage prepaid, on the following person(s) . addressed as
follows:
CERTIFICATE OF SERVICE
KELLY M. KNIGHT, ESQUIRE
CUNNINGHAM & CHERNICOFF, P.C.
P.O. BOX 60457
HARRISBURG, PA 17106-0457
Date: J J
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
GORDON K. BANZHOFF, JR.,
Defendant.
)
)
)
)
)
)
No. 2003- 5182
NANCY S. BANZHOFF,
Plaintiff,
vs.
CIVIL TERM
IN DIVORCE
MARRIAGE SETTLEMENT AGREEMENT
Counsel of record:
Michael S. Travis, Esquire for Plaintiff
Kelly M. Knight, Esquire for Defendant
1
>
MARFUAGESETTLEMENTAGREEMENT
THIS AGREEMENT made this~day of ~J , 2005, by and between
Gordon K. Banzhoff, Jr.. (hereinafter referred to as" usband,") and Nancy S. Banzhoff,
(hereinafter referred to as "Wife").
WITNESSETH:
WHEREAS, the Husband and Wife were lawfully married June 27.1999; and
WHEREAS, there were no children born of this marriage; and
WHEREAS, differences have arisen between Husband and Wife in consequence of which
they intend to live apart from each other; 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;
I. DEFINITIONS
(a) Date of Execution of this Agreement. The phrase "date of execution" or
"execution date" of this Agreement shall be defined as the date of execution by the parties if they
each have executed the Agreement on the same date. Otherwise. the "date of execution" or
"execution date" of this Agreement shall be defined as the date of execution by the party last
executing this Agreement.
(b) Distribution Date. The phrase "distribution date" shall be detined as fourteen
days following the entry ofa final decree in divorce and the filing of Waivers of Appeals by each
party. If the tourteenth day falls on a weekend or holiday. the distribution date shall be the next
business date.
2
2. ADVICE OF COUNSEL
The parties have had an opportunity to review the provisions of this Agreement
with their respective counsel. Husband is represented by Kelly M. Knight, Esquire. Wife is
represented by Michael S. Travis, Esquire. Husband and Wife acknowledge that this Agreement
is not the result of any duress or undue influence and that it is not the result of any collusion or
improper or illegal agreement or agreements. The parties further acknowledge that they have
each made to the other a full accounting of their respective assets, estate, liabilities. and sources
of income and that they waive any specific enumeration thereof for the purpose of this
Agreement.
Each party agrees that he or she shall not at any future time raise as a defense or
otherwise the lack of such disclosure in any legal proceeding involving this Agreement with the
exception of disclosure that may have been fraudulently withheld.
3. 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
tit. The foregoing provisions shall not be taken as an admission on the part of either party as to
the lawfulness or unlawfulness of the causes leading to their living apart.
4. INTERFERENCE
Each party shall be free from interference, authority, and contact by the other as
tully as if he or she were single and unmarried except as may be necessary to carry out the
provisions of the agreement. Neither party shall molest the other or 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, follow, stalk, nor in any way interfere with the peaceful existence, separate and apart
from the other.
5. DIVISION OF PERSONAL PROPERTY
Excepting the list of property attached as Exhibit A, the parties hereto have
divided between themselves, to their mutual satisfaction, all items of tangible marital property.
;\;either party shall make any claim to any other such items of marital property, or to the separate
3
personal property of either party, which are now in the possession and/or under the control of the
other. Husband shall deliver to Wife the items listed on Exhibit A within seven (7) days of the
Execution Date of this Agreement.
Financial Accounts. The parties have equally divided all joint checking. savings
and other non-retirement accounts to their mutual satisfaction. The parties agree to retain their
separate financial accounts.
Partnership and Financial Investments Husband had or has interest in the
following mobile home park ventures: Banzhoff & Banzhoff, Banhoff & Banzhoff II,
Banzhoff, Banzhoff & Sellers, and Sandy Hills Estates. These partnerships and any existing
home park interest and their liabilities shall be the sole and exclusive property of Husband.
The parties agree to cooperate in transferring any title or document to accomplish
the above distribution. Neither party will make further claim to any joint financial account
following the distribution date of this Agreement.
6. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE
Wife shall receive spousal support in the amount of$350.00 per month until a
Decree in Divorce is entered. Arrears accumulated prior to the entry of a Decree in Divorce will
continue to be payable at the rate of Twenty Dollars ($20.00) per month following the entry of a
Decree in Divorce until paid in full.
7. ALIMONY
(a) In recognition of the criteria set forth in 23 Pa. Cons. Stat. Ann. S 370 I et seq.,
commencing on the date of a Decree in Divorce and for sixty (60) months thereafter, Wife shall
receive from Husband the sum of Three Hundred Fifty ($350.00) per month. Payments shall be
made to the Domestic Relations Section, via PASCDU.
(b) Notwithstanding the provisions of this subparagraph the alimony payments provided
for in this Paragraph shall terminate upon the first to occur of: (i) Wife's remarriage; (ii) Wife's
cohabitation with a member of the opposite sex who is not a member of Wife's immediate tamily
within the degrees of consanguinity subsequent to Wife's and Husband's divorce; (iii) Wife's
death: or (iv) Husband's death.
(c) Wife does hereby acknowledge that the current rate ofintlation may change; that
Husband's income and assets may substantially increase in value; that Wife may not be employed
4
at various times in the future; that Husband may receive a substantial inheritance in the future:
and that, notwithstanding these or other economic circumstances which may be changes in
circumstances of a substantial and continuing nature. the payments for her support and
maintenance provided for in this Paragraph are fair, just and reasonable, and will provide her
with sufficient financial resources to maintain and support herself in accordance with the
standard of living to which she is accustomed. Therefore, except for the payments made pursuant
to this Agreement, and notwithstanding anything to the contrary contained in the Divorce Code,
Wife does hereby expressly waive, discharge and release any and all rights and claims which she
may have now or hereafter by reason of the parties' marriage to alimony. alimony pendente lite,
support and/or maintenance or any other benefits resulting from the parties' status as husband and
wife, and further waives, discharges and releases any right which she may hereafter have to seek
modification of the terms of this Paragraph in a court of law or equity, it being understood that
the foregoing constitutes a final determination for all time of Husband's obligation to contribute
to Wife's support and maintenance.
Husband does hereby acknowledge that the current rate of inflation may change; that
Wife's income and assets may substantially increase in value; that she may be employed at
various times in the future; and that notwithstanding these or other economic circumstances
which may be changes in circumstances of a substantial and continuing nature, the payments for
Wife's support and maintenance which are required under this Paragraph are fair, just and
reasonable. Therefore, except as set forth in this Agreement, Husband does hereby expressly
waive, discharge and release any and all rights and claims which he may have now or hereafter
by reason of the parties' marriage, to alimony, alimony pendente lite, support and/or maintenance
or any other benefits resulting from the parties' status as wife and husband, and further waives.
discharges and releases any and all rights which he may now or hereafter have to seek
modification of the terms of this Paragraph in a court oflaw or equity, it being understood that
the foregoing constitutes a final determination for all time of Husband's obligation to contribute
to Wife's support and maintenance.
This Agreement has been negotiated on the assumption that the alimony payments
described in this Paragraph will be deductible by Husband and taxable to Wife. Therefore, it is
the intention, understanding and agreement of the parties that the payments described in this
Paragraph. to the extent permitted by law, shall constitute' 'periodic" payments payable by reason
of the "marital or family relationship" of the parties, as those terms are detined in Section 71 of
the Internal Revenue Code of 1954. as amended, and accordingly that all such payments shall be
includible in Wife's gross income and deductible by Husband for federal income tax purposes
pursuant to Sections 71 and 215 of the Internal Revenue Code of 1954. as amended. respectively.
Wife must report payments received under this Paragraph in her gross income for federal and. if
applicable, for local and state income tax purposes. Wife shall be solely responsible for income
taxes" ith respect thereto.
5
Wife and Husband represent and acknowledge that they each have sufficient property for
her or his reasonable needs and are able to support herself or himself through appropriate
employment and/or assets according to the standard of living which they are accustomed to and
waive the right to receive further alimony.
(d) Alimony may be modifiable in the event Husband defaults on the payment of
debts discussed in Paragraph 12.
8. AUTOMOBILES
The parties are the owners of three automobiles, a 1992 Saab owned by Wife, a
1990 Jaguar XJS convertible driven by Husband and a 1989 Saab driven by Husband. The 1992
Saab shall be property of Wife. The 1990 Jaguar shall be property of Husband. The 1989 Saab
shall be the property of Husband. None ofthe vehicles are encumbered by purchase money loans
Should any action be required to transfer title or other document of ownership,
Husband will take steps to transfer and reflect ownership as soon as possible after the distribution
date.
Both parties agree to assume all responsibility and hold each other harmless for
any and all liability, including insurance, costs and expenses associated with ownership of the
above. The costs of any title transfers or fees shall be borne equally by the parties.
9. DIVISION OF REAL PROPERTY
The parties were owners of real property located at 245 n. 25th Street, Camp Hill,
Cumberland County, Pennsylvania, containing a residential dwelling. The property was sold at
sheriffs sale on March 2, 2005. Husband agrees to indemnify and hold Wife harmless for any
deficiency on any claim related to the real estate.
Timeshare. The parties are owners of an RCI 15 week timeshare account no.
3159-20645 in Cancun. The property shall be the sole and exclusive property of Husband.
Husband shall be responsible for any lien, encumbrance, maintenance, property tax, lltility
related to the real estate. Any deed or document of title shall be re-titled to Husband, at expense
to be paid by Husband. within sixty-days of entry of a decree in divorce.
10. PE:'IiSION, RETIREMENT ACCOUNTS, INVESTMENT A;";D SA VI;";GS
ACCOUNTS
6
At the time of separation, the parties were titled to the following retirement accounts.
Composition of accounts (as of February 2004)
Wife: State Employees Retirement System Account:
Wife: Merrill Lynch Retirement Custodial Account:
(Highmark 40lk rollover, 1995 to 1998)
$ 72,170.49
$ 7,141.74
The parties agree that these accounts shall be the sole and exclusive property of Wife.
Neither party shall make further claim to a retirement or tinancial account of the other
party.
II. MEDICAL INSURANCE
Neither party is required to maintain medical insurance coverage for the bene tit of
the other party following the entry of a Decree in Divorce.
12. MARITAL DEBTS
(a) During the course of the marriage, the parties incurred the following
obligations jointly:
Real Estate mortgage foreclosure 245 N 25th Street, Camp Hill, PA: amount unknown
Mobile home debt to Greentree (repossessed investment property): balance unknown
Harrisburg Country Club: $ 9,012.73 (as of January 24, 2005)
Income taxes 1999-2003: amount unknown
Husband has or had the following interest in mobile home park ventures: Banzhotf &
Banzhoff, Banhoff & Banzhoff II, Banzhoff, Banzhoff & Sellers, and Sandy Hills Estates.
Husband agrees to assume, indemnify and hold Wife harmless for the above
obligations, including but not limited to liability. criminal claims or environmental concerns
relating to the above. In the event that Husband defaults on the above obligations, or fails to
indemnify and hold Wife harmless for any claim whatsoever. including legal fees in defense of
the above debts or obligations, alimony may be moditied to satisfy the obligations upon petition
to Court by Wife. The payments provided for above are not, and are not intended to be a debt
7
which is affected by a discharge in bankruptcy. Therefore, those payments shall not be
dischargeable in bankruptcy.
(b) Wife and Husband represent that they have taken all steps necessary to make
sure that no credit cards or similar accounts exist which provide for joint liability. From the date
of execution of this Agreement, each party shall use only those cards and accounts for which that
party is individually liable.
The parties acknowledge the following non-marital liabilities. Nancy S.
Banzhoff: Bank of America, Bank On, Boscov's, Capitol One Mastercard. Capitol One Visa.
Capitol One Platinum, Chase Mastercard and Texaco. Gordon K. Banzhoff, Jr.: debts listed at
length in Chapter 13 Bankruptcy No. 1-03-04698, Middle District of Pennsylvania (dismissed).
(c) Since separation, neither party has contracted for any debts which the other
will be responsible for and each party indemnifies and holds harmless the other for all obligations
separately incurred or assumed under this Agreement.
13. FILING AND PAYMENT OF TAXES
The parties agree to file separate income tax returns for the year a decree in
divorce is entered. Wife has filed separate income tax returns for the years 200 I through 2004.
Husband shall assume any liability for income taxes not filed or paid during the course of the
marriage.
14. DIVORCE
The parties agree to cooperate with each other in obtaining a final divorce of the
marriage. It is agreed that the parties will execute and allow to be filed the necessary documents
to obtain a divorce under Section 330l(c) of the Divorce Code.
15. DEATH PRIOR TO DIVORCE
If either Husband or Wife dies before the entry of a final decree in divorce
between the parties. this Agreement is deemed to survive the death. and the parties, heirs or
assigns shall enter into the same status as after the Agreement was entered into.
16. INCORPORATION
8
.,
This agreement is to be incorporated for the purposes of enforcement, but not
merged into any subsequent Decree in Divorce.
17. CONTINUED COOPERATION
The parties agree that they will, 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.
18. COUNSEL FEES
Except as otherwise provided for in this Agreement, each party shall be
responsible for his or her own legal fees and expenses.
19. 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.
20. 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.
21. 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 sh~
may now have or hereafter acquire under the present or future laws of any jurisdiction to share in
th~ property or the estate of the other as a result of the marital relationship, including without
limitation. dower, curtsey, statutory allowance, widow's 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.
9
I."
22. BINDING EFFECT
This Agreement shall be binding upon the parties' heirs, successors and assigns.
23. 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.
24. 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 effect. This Agreement does not, however, relieve liability for Husband's
Domestic Relations spousal support arrears docketed at Nancy S. Banzhoff v. Gordon K.
Banzhoff, 744 S 2003, PACSES No. 665105738, Cumbo Co., In Support.
25. 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.
26. DESCRIPTIVE HEADINGS
The descriptive headings used herein are for convenience only. They shall not
have any binding effect whatsoever in determining the rights or obligations of the parties.
27. APPLICABLE LAW
This Agreement shall be construed under the laws of the Commonwealth of
Pennsylvania.
10
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IN WITNESS WHEREOF, the parties set their hands and seals the day and the
year first written above.
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11
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Commonwealth of Pennsylvania:
ss:
County of "1Jf?tXPHI;O
PERSONALL Y APPEARED BEFORE ME, this;(l~ay of (1ft. J I ,2005. a
notary public, in and for the Commonwealth of Pennsylvania, Gordon K. Banzhoff, Jr., known to
me (or satisfactorily proven to be) the person whosc name is subscribed to the within agreement
and acknowledged that he executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
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I Ci'i:v Of H9_i'r;sbur~~, Dauphin CtX.JIl':V '1
;'I~Y r:>-.m,mis">IOll [)-.(J!res F~"\b. 25, 200G
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Notary Public
Commonwealth of Pennsylvania:
ss:
County of f1, \ 1. I
l v/YI ~\C .W
( (
PERSONALLY APPEARED BEFORE ME, thisat~ay of ~~ ,2005, a
notary public. in and for the Commonwealth of Pennsylvania, Nancy S. anzhoff. 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.
COMMONWEALTH OF PENNSYLVANIA
Natalial Seal
Hope A. Mattos, Notary Public
Hampden Twp.. Cumbeliand County
My Commission Expires Oct 11. 2008
Member. Pennsylvania ASsOCiation Of Notaries
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The following items of personalty in possession of Husband shall bc the solc and
exclusivc property of Wife:
White upholstered couch
Loveseat
Blue and Orange upholstered chair
C hell)' drop leaf table
Floor lamp w/siained glass shades
DVD Player
Fisher stereo and CD player
White window air conditioner
Black luggage (2 on pieces)
Holiday decorations
Choice of dishes/pitchers in kitchen cupboards (nol more than one-half)
.
Exhibit A
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COIJNTY,
PENNSYLVANIA
NANCY S. BANZHOFF,
Plaintiff,
)
)
)
)
)
)
No. 2003- 5182
VS.
GORDON K. BANZHOFF, JR.,
Defendant.
CIVIL TERM
IN DIVORCE
AFFIDA VIT OF CONSENT
1. A complaint in divorce under 9 3301(c) of the Divorce Code was filed on
September 30. 2003.
~ The marriage of Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed trom the date offiling 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 arc true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn
falsification to authorities.
DA TED 5lJ. ~\05
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
NANCY S. BANZHOFF,
Plaintiff.
)
)
)
)
)
)
No. 2003- 5182
VS.
GORDON K. BANZHOFF, JR.,
Defendant.
CIVIL TERM
IN DIVORCE
AFFIDA VlT OF CONSENT
I. A complaint in divorce under 9 3301(c) of the Divorce Code was tiled on
September 30, 2003.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a tinal decree of divorce after service of notice of
intention to request entry of the decree.
I verity that the statements made in this at1idavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904 relating to unsworn
I:.rlsiiication to authorities.
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DATED: S / f- 4'\-
GordOn K. Banzhoff,
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COlJ1\TY,
PENNSYLVANIA
NANCY S. BANZHOFF,
Plaintiff,
)
)
)
)
)
)
No. 2003- 5182
vs.
GORDON K. BANZHOFF, JR.,
Defendant.
CIVIL TERM
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF
A DIVORCE DECREE UNDER & 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that! may lose rights concerning alimony, division of property.
lawyer's fees or expenses if! do not claim them before a divorce is granted.
3. I understand that! will not be divorced Lmtil a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is Illcd with the
prothonotary.
I verify that the statements made in this atTldavit 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.
DateSjQ-~ps
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
NANCY S. BANZHOFF,
Plaintiff,
)
)
)
)
)
)
No. 2003- 5182
"S.
GORDON K. BANZHOFF, JR.,
Defendant.
CIVIL TERM
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF
A DiVORCE DECREE UNDER 1:1 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a tinal decree of divorce without notice.
2. I understand that 1 may lose rights concerning alimony, division of property.
lav.yer's fees or expenses if! 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 lilcd with the
prothonotary.
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
falsitication to authorities.
Date ~)- / jJ ~ (~5-
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Michael S, Travis
lD No. 77399
3904 Trindle Road
Camp Hill. PA 17011
(717) 7J 1-9501
NANCY S. BANZHOFF,
Plaintiff,
In the Court of Common Pleas of Cumberland County,
Pennsylvania
)
)
)
)
)
)
No. 2003 - 5182
'IS.
GORDON K. BANZHOFF, JR.,
Defendant.
CIVIL TERM
IN DIVORCE
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 9 3301(c)(1) of the Divorce
Code.
2. Date and manner of service of the complaint: Complaint was accepted by
Defendant's Attorney. Kelly M. Knight on October 2,2003. Acceptance of Service. tiled on
October 7. 2003.
3. Date of execution of the affidavit of consent required by 9 3301(c) of the Divorce
Code: hy Plaintiff on May 23, 2005; by Defendant on May] 8,2005.
4. Related claims pending: Economic claims are resolved by the Marital Settkment
Agreement dated April 22. 2005, incorporated by reference hereto.
5. Date Plaintiffs Waiver of Notice in 9 3301 (c) Divorce was jjled with tile
prothonotary: _5. '" S' ,2005.
prothonotary:
Date Defendant's Waiver of Notice in il3301(c) D'vorce was filed with the
<;". '2.5 , 2005. ....~
~:/ Travis
Attorney for Plaintiff
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NANCY S. BANZHOFF,
Plaintiff,
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No. 2003- 5182
CIVIL TERM
IN DIVORCE
In the Court of Common Pleas of Cumberland County,
Pennsylvania
VS.
GORDON K. BANZHOFF, JR.,
Defendant.
AFFIDAVIT OF INTENTION TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff in the above matter, having been granted a Final
Decree in Divorce on June 1,2005, hereby elects to resume the prior surname of Nancy Lee
Shenk, and gives this written notice pursuant to the provisions of 54 P.S. S 704.
DATE: Gll~1 D5
~~WBzo~f6
COMMONWEALTH OF PENNSYLVANIA:
: SS.
COUNTY OF CUMBERLAND
On the{3ft1 day of 9,~ , 2<l:zL, hefore me, a Notary Public, personally
appeared the above affiant kn wn to me to be the person whose name is subscribed to the within
document and acknowledged that she executed the foregoing for the purpose therein contained.
In Witness Whereof, ] have hereunto set my hand and official seal.
M~A Jj fYl~
Notary Public
COMMONWEALTH OF PENNSYLVANIA
NoIarial Seal
Hope A. Mattos. Notal)' Public
Hampden Twp.. Cumberland County
My Commission Expires Oct. 11. 2008
Member. Pennsylvania A.ssociation Of Notaries
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PLAINTIFF
PACSES CASE NO. 665105738
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATION SECTION
CIVIL ACTION - DIVORCE
NANCY L. SHENK,
V.
GORDON K. BANZHOFF,
DEFENDANT
NO. 03-5182 CIVIL TERM
ORDER OF COURT
AND NOW, this 5th day of March, 2007, the Court being informed by the Domestic
Relations Section that the above-captioned case meets case closure criteria due to the Order
no longer being able to be enforced under state law through the Domestic Relations Section,
IT IS HEREBY ORDERED AND DIRECTED that the above captioned case be closed without
prejudice pursuant Pa R.C. P. ~ 1910.19. This case is closed with arrears of $4599.43 due the plaintiff
through March 31,2007.
This Order shall become final twenty days after the mailing of the notice of the entry of
the order to the parties unless either party files a written demand with the Domestic Relations
Section for a hearing de novo before the Court.
BY THE COURT,
DRO: R. J Shadday
xc: Plaintiff
Defendant
Michael S. Travis, Esq.
Kelly M. Knight, Esq.
Service Type M
FORM OE-001
Worker 21005
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