HomeMy WebLinkAbout86-3717
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNSYLVANIA
JOHN F. NICELY, )
Plaintiff, )
vs. ~
CRYSTAL L. NICELY, )
Case No. 3717 CIVIL 1986
Defendant. )
MOTION AND ORDER TO RELEASE ACCOUNT
COMES NOW Plaintiff, and moves this court for an order permitting the release to
plaintiff of the parties' Mutual Fund Account with Oppenheimer Funds, Account Number
2702701555686. This motion is supported by affidavit.
DATED at Anchorage, Alaska, this /0'`'~day of Or ~ , 2000.
By: ~'~ e-
ohn F. ~ e y, pro r
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IN THE COURT OF COMMON PLEA5
OF CUMBERLAND COUNTY
STATE OF PENNSYLVANIA
JOHN F. NICELY,
Plaintiff, )
vs. ~
CRYSTAL L. NICELY, )
Defendant. )
Case No. 3717 CIVIL 1986
AFFIDIVAT IN SUPPORT OF MOTION TO RELEASE ACCOUNT
COMES NOW Plaintiff, and in support of his motion, states as follows.
1. The parties were divorced on June 26, 1987, by this court. The divorce was
based in part on the Voluntary Separation and Property Settlement Agreement executed by
the parties on December 1, 1986. Plaintiff has not seen defendant since the Agreement
was executed.
2. At the time of the divorce the parties were owners of a mutual fund account
held by Oppenheimer Funds. The account, Number 2702701555686, is held as "John
Franklin Nicely & Crystal L. Nicely JT TEN WROS NOT TC." The account value as of
December 31, 1999, is $266.97. The parties neglected to address the account when the
divorce was accomplished in 1987.
OppenheimerFunds
~~i~n~i~u~~i~~~~un~n~u~i~~ni~ni~~~~ni~~nni~~~~~n~~
15.731313.03.01-01020498415
JOHN FRANKLIN NICELY &
CRYSTAL L NICELY
JT TEN WROS NOT TC
7503E 17TH AVE
ANCHORAGE AK 99504-2710
Annual Statement
January 1, 1999 through December 31, 1999
Page 1 of 2
Your Financial Advisor
PETER GRUEN, PROBITY FIRST FINANCIAL SERVICES
VIA VITTORIO VENETO 10
36040 TORRI DI QUARTESOLO VI
ITALY
At Your Service
Call Phonelink 24 hours a day, 7 days a week: 1.800-533-3310
Call Monday through Friday, 8:30am - 9:OOpm and
Saturday, 10:OOam - 4:OOpm ET:
• Customer Service: 1-800-525-7048
• Telephone Transactions: 1-800-852-8457
• TDD Hearing/Speech Impaired: 1-800-843-4461
Website: www.oppenheimerfunds.com
Or write to OppenheimerFunds Services, P.0. Box 5270,
Denver, GO 80217-5270.
Fund Value as of 12/31/1999
Oppenheimer Growth fund Class A Shares owned 5.516
Account Number Tax ID Number Share price $48.40
97
$266
270 2701555686 224-82-1412 Market value .
Accourrt Registration
JOHN FRANKLIN NICELY & CRYSTAL L NICELY JT TEN WROS NOT TC
Year-to-Date Transaction Detail
Transaction Transaction Dollar
A~ni Share
Price Number
of Shares Total
Shares Owned
pate Description
12/08/99 Dividend Reinvested at .034030 per Share
$0.18
$43.02
+ 0.004
5.176
12/08/99 Long-Term Capital Gain Reinvested at 2.828810 $14.63 $43.02 +0.340 5.516
per Share
Activity Summary
Ending
Beginning
Account Value Addffions Withdrawals Change in Value Account Value
Year-to-Date Year-to-Date as of 12/31/1999
as of 01!01!1999 Year-to-Date
$181.95 0.00 0.00 +$85A2 $266.97
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OppenheimerFunds News
***IMPORTANT*** Please retain this 1999 annual account statement for your records. You
will generally not receive a form 1099-DIV if you have a retirement account, or if your
account earned less than $10.00 in dividends in 1999.
What's the current market outlook? Our financial experts discuss the latest economic events
and how they could affect your investments. Call 1-800-835-3104 or access our Internet site,
www.oppenhelmertunds.com.
If you have redeemed Class A or Class 8 Shares of your Fund, you may be eligible to reinvest
the amount redeemed without paying; sales charge within six months of the redemption.
You can learn more about this privily e, as well as the costs and expenses of investing in the
Fund, in your Fund's prospectus, or you can speak to an Investor Service Representative at
1-800-525-7048.
(Continued}
OFD-LPBSSSN_991231_014-1-1.MET;1! 2897 10002897 /0002897
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OppenheimerFunds Annual Statement
January 1, 1999 through December 31, 1999
Page 2 of 2
Oppenhefinerfunds News
Don't forget that you have until April 17, 2000 to make a 1999 IRA contribution. If you do
not already have an 1RA, contact your financial advisor or call us at 1-800-525-7048 for more
information about the Traditional or Roth IRA.
(Continued)
OFD-LPBSSSN_991231_014-1.1.MET;1/ 2897 / 0002897 10002897
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Investment Coupon
To make an additional investment, please:
• Fill in the amount you would like to invest with us.
• Make your check payable to OppenheimerFunds Distributor, Inc.
If you are investing in more than one fund, you may send one
check for the total amount.
• Use the enclosed envelope or mail to:
OppenheimerFunds Services
P.O. Box 173672, Denver, CO 80217-3672
Address
City State Zip
Phone
^ To change your address on all your Oppenheimer accounts;
check here and make any changes above.
fund Name Oppenheimer Growth Fund Class A
Account Number 270 2701555686
Account Registration JOHN FRANKLIN NICELY & CRYSTAL L
NICELY JT TEN WROS NOT TC
Amount Enclosed c
270 27015556865
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OFFICE OF THE COURT ADMINISTRATOR
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
1 Courthouse Square Carlisle, PA 17013
Richard J. Pierce
Court Administrator
Phone
(717)240-6200
(717) 697-0371
(717) 532-7286
(717) 240-6462 FAX
April 19, 2000
John F. Nicely
P.O. Box 90766
Anchorage, AK 99509-0766
RE: NICELY V. NICELY
86-3717 Civil Term
Dear Mr. Nicely:
Taryn N. Dixon
Assistant Court Administrator
The court will not act on your petition to release the Oppenheimer Funds without
an inclusion in the record of a statement from Oppenheimer Funds as to the nature of
the account and its financial status.
Very truly yours,
Richard J. Pierce
Court Administrator
RJP:saa
16. NOTICES:
For the purposes of this agreement, all notices or other com-
munications given or made hereunder shall, until written notice to
the contrary, be given or maid to the Wife at-~~°~,nc~ _ '-"
__~.Qm~-- _ __ and to the Husband at A-12 Forbes Avenue
Carlisle, Pennsylvania 17013-5001. In the event that either
Husband or Wife shall change his or her permanent residence, he or
she shall shall forward, by registered mail notice to the other of
them within five (5) days after such change or any removal.
17. DATE OF AGREED~IENT: The effective date of this agreeme
shall be the date of the Husband's signature. ~/
Page 9 of 12 Pages
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1 N THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
,,
..--- - ----JOHN..-F-,_-.NICELY-~---------•--• ........................
----------------------Plaint.i£f ------------------------ ~
Versus
...--------C-RY,STAL.--L-----.N~C~LX.,------------------------------
---- - - - -- --------------------Defendant..-----.....-----------•-
N c~.......~.7..~.7........ .C.IV.I.L... 19 86
DECREE IN
DIVORCE
AND NOW, ........June, 26, , , , , , , , • , , , . , 19 .$? ... , it is ordered and
decreed that ........... JOHN F.• ,NICELY, , , • , , , • , , . • , . , , . , .. ,plaintiff,
and ....................~RXS?:A~. k...~1~G.~Ly................. , 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;
Qy The Court:
.../s/--George--E.--Hoffer------ ------- - ------------------ --------
Attest: ~ ~•
Deputy Prothonotary
I
Certified Copy issued June 30, 1987
~ji::::~I-r. s~f.:'~•..:~i::~Jlr:: `fir. ••~C•:::~i1E:"..:~;. <~:. ~1R:. av-. --~. ~ar~.::a~s :-ay "• •.~.•.. •i..•. -ae-. ..~-..-~..-"...-.,.....,.. .-.~. .w.. ._. _-_ ---
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VOLUNTARY SEPARATION AND PROPERTY SETTLELVIENT
AGRE E1nE NT
THIS AGREEMENT, Made this ~ day of ~~~ 1986, by and
between JOHN F. NICELY, party of the first part, hereinafter
called "Husband," and CRYSTAL L. NICELY, party of the second
part, hereinafter called "Wife."
WITNESSETH:
WHEREAS, the parties hereto were married on July 16, 1983, in
a Civil ceremony at Mocksville, North Carolina; have been and are
Husband and Wife; and as a result of this union, no children were
born.
WHEREAS, irreconcilable differences have arisen between them,
and the relations between the parties are and have been of such a
character that the parties have voluntarily and mutually agreed to
live separate and apart on account of which the parties have
separated on November 27, 1986, and now have separated and live
apart and intend to live separate and apart from each other for
the rest of their natural lives;
and
WHEREAS, it is the desire of both parties finally for all
time to settle, adjust, compromise and determine their property
rights; all rights of support and maintenance by either party
against the other by reason of their marriage, all dower, curtsey,
alimony, and homestead rights, and any and all other rights
existing between the parties growing out of the marriage relation;
Page 1 of 12 Pages
and
NOW THEREFORE, in consideration of the promises and the
mutual covenants of each of the parties, they do hereby covenant
and agree with each other for their respective heirs, personal
representatives and assigns as follows:
1. TERMS OF SEPARATION:
(a) The parties mutually and voluntarily agree to continue
to live separate and apart in separate places of abode, without
any cohabitation, as they have since November 27, 1986.
(b) Each party shall be free from interference, direct or
indirect, by the other as fully as though unmarried. The parties
shall not molest, harass, nor malign each other, nor shall either
attempt to compel the other to cohabit or dwell with him or her by
any means whatsoever. Each party may, for his or her separate
benefit, engage in any employment, business or profession he or
she may choose and may reside in such place as he or she may
choose.
(c) It is their intention that a reconciliation, either tem-
porary or permanent, shall in no way affect the provisions of this
agreement having to do with the settlement and disposition of
their property rights in their respective realty, if any, any per-
sonalty, unless a new agreement is entered into in writing
mutually revoking and rescinding this agreement and entering into
a new one.
Page 2 of 12 Pages
2. ALLOWANCES TO WIFE:
(a) Husband hereby agrees that Wife shall continue to be
entitled to use and enjoy all medical and dental services, com-
missary and post exchange privilege, and other services allowed to
them as a result of Husband's employment as a member of the United
States Armed Services. During the time that Husband and Wife are
married, although living separate and apart, Wife shall continue
to enjoy these benefits but upon divorce of the parties, these
benefits shall terminate.
3. DIVISION OF PERSONAL PROPERTY
(a) The parties have heretofore divided their personal pro-
perty to their mutual satisfaction. Henceforth, each of the par-
ties shall own, have and enjoy, independently of any claim of
right of the other party, all items of personal property of every
kind, nature and description and wheresoever situated, which are
now owned or held by or which may hereafter belong to the Husband
or Wife respectfully, with full power to the Husband or the Wife
to dispose of same as fully and effectually, in all respects and
for all purposes as if he or she were unmarried. All items of
personal property shall be divided between the parties as provided
herein:
(b) The parties further agree that the 1982 Camero automo-
bile shall be the sole and separate property of the Husband. The
Wife agrees to promptly execute such title documents or other
written instruments as may be required to transfer title of this
vehicle to the Husband.
(c) All property itemized in schedule A shall be the sole
and separate property of the Wife.
Page 3 of 12 Pages
(d) Furniture and other Tangible Property: All furniture
and other tangible personal property not disposed of pursuant to
other paragraphs of this agreement shall be the property of the
Husband.
(e) The Wife shall be responsible for the shipment of the
Wife's personal property and household goods to such place as the
Wife shall designate; and any expense resulting from said shipment
shall be paid by the Wife.
(f) DEBTS. The Husband shall be responsible for all
existing joint debts and liabilities incurred by the parties prior
to their separation except for November's telephone and cable TV
bill. The Husband shall also be responsible for all existing
debts and liabilities incurred in his own name prior to the
separation. The Wife shall be responsible for all existing debts
and liabilities incurred in her own name prior to the separation.
(g) The parties further agree that neither will incur any
future debts for which the other may be held liable, and if either
party incurs a debt for which the other will be liable, that party
incurring such debt will hold the other harmless from any and all
liability thereon.
4. WAIVER OF ALIMONY:
In consideration of the mutual agreement of the parties
voluntarily to live separate and apart and the provisions con-
tained herein for the respective benefit of the parties and other
good and valuable consideration, each party releases and waives
unto the other any claim of right to temporary or permanent ali-
mony, support or maintenance, whether past, present or future.
The Wife agrees to waive any interest she may have or acquire in
her Husband's retirement income.
Page 4 of 12 Pages
5. TAX MATTERS:
The parties agree to execute and file joint Federal and
State income tax returns for the year 1986 and for any subsequent
year during which they shall be Husband and Wife and entitled
under the applicable laws and regulations to file joint returns,
provided that such filing results in a lesser combined tax then
would result from separate filing. Each party shall pay that pro-
portionate share of the tax due as shall be attributable to his or
her respective earnings or income and each shall indemnify and
hold harmless the other against any liability for her or her own
proportionate share of said tax. A tax refund, if any, shall be
divided equally between the parties.
6. COUNSEL FEES AND COURT COST:
Each party will be responsible and liable for their respec-
tive counsel fees and court costs for the prosecution or defense
of an action between the parties for a final decree of divorce.
7. ACCEPTANCE AND MUTUAL RELEASE:
(a) Each of the parties receives the property set apart to
them and the undertaking hereof in full and complete settlement
and release of all claims and demands of every kind, name or
nature against the other party hereto, including all liability now
or at any time hereafter existing or occurring on account of sup-
port, maintenance, alimony (temporary or permanent), dower, curt-
sey, or other allowances, either statutory or arising at common
law. After this settlement the Husband and Wife shall require
nothing whatever of the other, except as herein provided, as
though the marriage relation between them had never existed.
Page 5 of 12 Pages
(b) Waiver of Claim Against Estate: The Wife agrees the
estate of the Husband shall belong to the person or persons who
would have become entitled thereto if the Wife had died during the
lifetime of the Husband; and the Wife further agrees that she will
not contest in any manner any Will of the Husband to be probated
and will allow Administration upon his personal estate to be taken
out by the person or persons who would have been entitled to do so
had the Wife died during the lifetime of the Husband. The Husband
agrees that the estate of the Wife shall belong to the persons who
would have become entitled thereto if the Husband had died during
the lifetime of the Wife; and the Husband further agrees that he
will not contest in any manner the Will of the Wife to be probated
and will allow Administration upon her personal estate to be taken
out by the person or persons who would have been entitled to do so
had the Husband died during the lifetime of the Wife. Each party
releases to the other and to the heirs, executors, administrators
and assigns thereof all claims or rights of dower, curtsey, or
inheritance, descent, distribution, election, or alimony in and to
all property, real or personal, of the other, whether now owned or
hereafter acquired.
8. FURTHER ASSURANCES:
The parties, for themselves and their respective heirs, per-
sonal representatives and assigns, do mutually agree to join in
and execute any instruments and to do any other act or thing that
may be necessary or proper to carry into effect any part of this
agreement, or to release any dower or other right in any property
which either of said parties may now own or hereafter acquire,
including the execution and delivery of such deeds and assurances
as may be necessary to carry out the purposes of this agreement.
Page 6 of 12 Pages
g, I NCOR PORAT I O N
With the approval of any court of competent jurisdiction in
which any divorce proceeding may now be pending or which may
hereafter be instituted, this agreement shall be incorporated in
any decree of absolute divorce which may be passed by said court.
In the event the court shall fail or decline to incorporate this
agreement or any provisions thereof in said decree, then and in
that event the parties, for themselves and their respective heirs,
personal representatives and assigns, agree that they will
nevertheless abide by and carry out all of the provisions thereof.
It is further agreed that regardless of whether said
agreement or any part thereof is incorporated in any such decree,
the same shall not be merged in said decree, but said agreement
and sll the terms thereof shall continue to be binding upon the
parties and their respective heirs, personal representatives and
assigns.
10 . I NT EGRAT I O N
This agreement contains the entire understanding of the par-
ties. There are no representations, warranties, promises, cove-
nants or understandings other than those expressly set forth
herein.
11. PRIOR AND SUBSEQUENT AGREEMENTS:
The parties hereto hereby cancel, annul and invalidate any
and all other prior property settlements by them at any time here-
tofore made. Any subsequent modifications or additions to this
agreement shall be effective only if in writing signed by both of
the parties.
Page 7 of 12 Pages
12. INDEPENDENT COUNSEL, PARTIES FULLY INFORMED:
Each party has had independent advice by counsel of his or
her own selection. Each party regards the terms of this agreement
as fair and reasonable and each has signed it freely and volun-
tarily without relying upon any representation other than those
expressly set forth herein.
13. MODIFICATION AND WAIVER:
(a) No modification or waiver by the parties of any of the
terms of this agreement shall be valid unless in writing and exe-
cuted with the same formality as this agreement. No waiver of any
breach or default hereunder shall be deemed a waiver of any sub-
sequent breach or default.
(b) None of the provisions of this agreement shall be sub-
ject to modification by any court.
14 . E NFORCE\~iE NT
The parties agree that they will not contact either directly
or indirectly, the Armed Forces or their Commanding Officer with
respect to the enforcement of this agreement as long as they are
in compliance with the provisions of this agreement.
15. BINDING EFFECT:
All covenants, promises, stipulations, agreements, and pro-
visions contained herein shall apply to, bind and be obligatory
upon the heirs, executors, administrators, personal represen-
tatives and assigns of the parties hereto.
Page 8 of 12 Pages
SCHEDULE A
(see paragraph 3c)
1. All Wife's present clothing
2. Portable TV
3. Corner China Cabinet
4. Red Bird Collection
5. Split dishes, pots and pans, crystal and silverware
6. Double Bed and Bedding
7. Dresser
8. Breakfast Nook with Bench and Chairs
10. Large Picture of Boat
11. Atari Game and cassetts, Simon Game
12. Manual Typewriter
13. Plant Stand and Plants
14. Crystal Figurines
15. Punch Bowl Set
16. Brass Coat Rack
17. Cedar Chest
18. Three drawer bedside table
19. Three smokers
20. Wall Telephone
21. Divide all Christmas decorations
22. Divide boxes in storeroom
23. Divide linen
24. All Wife's belongings prior to marriage
Page 10 of 12 Pages
IN WITNESS WHEREOF, I have at Carlisle Barracks, Pennsylvania,
this ~ day of y-198j~ set my hand and seal to this Agreement
consisting of twelve (12) pages, this included, the preceding
pages hereof bearing my initials, and I do solemnly declare and
affirm under the penalties of perjury that the contents of the
foregoing document are true and correct.
WITNESSES:
o- -__ (SEAL )
OHN F. NICELY
~~a ~~~ __
COMMONWEALTH OF PENNSYLVANIA)
SS:
COUNTY OF CUMBERLAND )
I HEREBY CERTIFY that on this
me, the subscriber, a Notary Publie of
mentioned, personally appeared JOHN F.
due form of law under the penalties of
and facts set forth in the foregoing A
correct and that she acknowledged that
voluntary act and deed.
day of~~ 198, before
the State and County afore-
NICELY, and made oath in
perjury that the matters
greement are true and
the Agreement was her
WITNESS my hand and Notarial seal.
(SEAL ) ~-C/~,~----
-NOTA PU-
. SE!'F9LY A. BEARC, t107ARY PUBLIC
CAE;LISLE 8080. CUMBERLAND COUNTY
Pa g e 11 o f 12 Page s MY CO?Niin1S5!Oti EYPIIIES JULY 1R, 19E8
Member, hennsylvania Association of Notarial
IN WITNESS WHEREOF, I have at~~\\Q~~, ,mp Pennsylvania,
this ~ day ofT-198(,Q, set my hand and seal to this Agreement
consisting of twelve (12) pages, this included, the preceding
pages hereof bearing my initials, and I do solemnly declare and
affirm under the penalties of perjury that the contents of the
foregoing document are true and correct.
WITNESSES:
-~~_ ( SEAL )
CRYS AL L. NICEL
COMMONWEALTH OF PENNSYLVANIA)
SS:
COUNTY OF ~~~,_ _ )
I HEREBY CERTIFY that on this ~_ day of~~198 ~ before
me, the subscriber, a Notary Public of the State and County afore-
mentioned, personally appeared CRYSTAL L. NICELY, and made oath in
due form of law under the penalties of perjury that the matters
and facts set forth in the foregoing Agreement are true and
correct and that he acknowledged that the Agreement was his volun-
tary act and deed.
WITNESS my hand and Notarial seal.
(SEAL) --
NOTARY BLIC
BE lY A. BEARD. NOTARY PI..9liC
CARLISLE BORO. CUkiBERIANU COUNiY
Page 12 o f 12 Page s MY COMI~ISStOh EXPIRES JULY 18, 1988
Membe,, Peansltigai~ Assaietlon of Notaries
SUITS, 19-'
Case # -S 3717 Date Of Entry: December 29,
~~ J
'~ ~
1 9 s6 at M.
Appearances:
Plaintiff: John F. Nicely
Defendant: Crystal L. Nicely
Entry by
Summons ( 1
Complaint ( x
Petition
Appeal
Revival
1
June 16, 1987, Affidavit of Service filed
June 16, 1987, A--°fid~.vit of Cons:~nt filed
June 16, 1987, Praeci-~e to Transmit Record filed.
~s ~~-.~~ ~~~,~-,
April 4, 2000, Motion and Order to Release Account, filed.Plf
April 14, 2000, Affidavit In Support Of Motion To Rlease
Account, Plff.
sc~~N,
/ h ~ ~S ~1- t L.~.
Service by SHF:
Date of ~ Return:
~~~ ~~
Action in
Assumpsit
Trespass
Habeas Corpus
Divorce
Grounds
Equity
Mortgage
Foreclosure
Ejectment
Quiet Title
Replevin
Condemnation
( x
I 'S r'Yt. r '~:.~2.t~-I- ~ lrn.~~
Taxation of Costs Receipt of Fees
$35.50 pd atty Carl W. ~4antz
JOHN F. NICELY, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA
V.
CRYSTAL L. NICELY,
DEFENDANT :3717 CIVIL 1986
ORDER OF COURT
AND NOW, this ~~'" day of May, 2000, pursuant to the within
motion, attached affidavit and attached Exhibit of Oppenheimer Funds, Account Number
2702701555686, which had a December 31, 1999, ending account value of $266.97, IT
IS ORDERED that said account is awarded to John F. Nicely and may be released by
said Fund to him.
John F. Nicely, Pro se
P.O. Box 90766
Anchorage, AK 99509-0766
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By the Court,
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Edgar B. Bayley, J.
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