HomeMy WebLinkAbout03-6485FAITH E. NANCE,
Plaintiff
V.
DWAYNE E. NANCE,
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIV1L ACTION - LAW
IN DIVORCE
NO. CT'3- ¢(~5' CIVIL TERM
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take proper 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 judgement may also be entered against you for any other claim or relief requested in
these papers by the Plaintiff. You may lose money or property or other rights important to you,
including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary, Cumberland County Courthouse, 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 THESE PAPERS 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.
Cumberland County Bar Association
32 South Bedford St.
Carlisle, Pennsylvania 17013
(717) 249-3166
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessibility of facilities
and reasonable accommodations available to disabled individuals having business before the
court, please contact our office. All arrangements must be made at least 72 hours prior to any
hearing or business before the court. You must attend the scheduled conference or hearing.
FAITH E. NANCE,
Plaintiff
V.
DWAYNE E. NANCE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
NO. oJ- (,,~f CIVIL TERM
COMPLAINT UNDER 23 Pa.C.S. §§3301 (c} and 3301 (d) OF THE DIVORCE CODE
The Plaintiff, Faith E, Nance, by and through her attorneys, the Family Law Clinic, sets forth the
following cause of action:
1. Plaintiff is Faith E. Nance, who currently resides at 1224 Edison Street, York,
York County, Pennsylvania, 17403.
2. Defendant is Dwayne E. Nance, who currently resides at 2109 Warren Way,
Mechanicsburg, Cumberland County, Pennsylvania, 17050.
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 the Defendant were married on April 10, 2000.
5. Plaintiff and Defendant have lived separate and apart since September 16, 2003.
6. There have been no prior actions of divorce or for annulment between the parties.
7. The marriage is irretrievably broken.
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.
WHEREFORE, Plaintiff requests the cottrt to enter a decree of divorce dissolving the marriage.
Respectfully submitted,
ACE
LUCY JOHNSTON-WALSH
ANNE MACDONALD-FOX
Supervising Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717/243 -2968
VERIFICATION
I verify that the statements made in this Divorce Complaint are true and correct to the best
of my personal knowledge, information and belief. I understand that false statements herein are
made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to
authorkies.
Faith Nance, Plaintiff
FAITH E. NANCE,
Plaintiff
DWAYNE E. NANCE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
NO.O5 -(e q~JCf CIVIL TERM
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow Faith Nance (Plaintiff) to proceed in fonna pauperis.
The Family Law Clinic, attorneys for the party proceeding in forma panperis, certifies that
we believe the party is unable to pay the costs and that we are providing free legal service to the
party.
PLACE -
ROBERT E. RAINS
LUCY JOHNSTON-WALSH
ANNE MACDONALD-FOX
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243 -2968
FAITH E. NANCE,
Plaintiff
DWAYNE E. NANCE,
Defendant
: 1N THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,PENNSYLVANiA
:
: CIVIL ACTION' - LAW
: IN DIVORCE
:
: NO. 03-6485 CIVIL TERM
.PROOF OF SERVICE
Understanding that the making of any false statement would Subject her to the
penalties of 18 Pa. C. S. §4904 (relating to unsworn falsification to authorities), the
undersigned verifies that the Family Law Clinic mailed a true copy of the Divorce
Complaint on the Defendant by placing the same in the U.S. Mail, certified no. 7002 0860
0001 5847 8417, restricted delivery, return receipt requested, postage prepaid, on the 17th
day of December, 2003, addressed as follows:
Dwayne E. Nance
2109 Warren Way
Mechanicsburg, PA 17050
On or about the 20th day of December, 2003, green return receipt number 7002 0860
0001 5847 8417 was delivered to the Family Law Clinic, beaxing the signature of Dwayne
Nance, and showing a date of service of the 19th of December, 2003. The return receipt is
attached hereto and incorporated by reference.
Alysi~t L. Hudock
Certified Legal Intern
FAMILY LAW CLINIC
45 N. Pitt St
Carlisle, PA 17013
(717) 342-2968
m Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Art/cie Addressed to: ' '
A. Received by (Please Pdnt Clearly) . Date of Delivery
[] Agent
[] Addressee
iffer~,nt fTOm item 17 [] Yes
[] ~ured Mail [] C.O.D.
F~tricted Delivery? (E~rtra Fee) ~es
7002 0860 0001 5847 8417
PS F~m 3811, July 1999 Domestic Return Receipt 102595-99-M-1789
UNITED STATES POSTAL SERVIC~ '
~ '
· Sender: Please pnnt y , address, and ZIP+4 in this box ·
F/V,I[L¥ LAW CLINIC
45 N. PITT STREET
CARLISLE, PA 17013
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FAITH E. NANCE
Plaintiff
DWAYNE E. NANCE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
IN DIVORCE
: NO. 03-6485 CIVIL TERM
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, is made this I~* day of ~ ~c; } ,2004, between Plaintiff, FAITH
E. NANCE ("Wife"), and Defendant, DWAYNE E. NANCE ("Husband").
WHEREAS, Wife and Husband desire to enter into an agreement as to all economic
issues between the parties, and to have this agreement made an Order of Court;
NOW, THEREFORE, Wife and Husband, each intending to be legally bound hereby,
agree as follows:
DIVORCE
1. The parties have lived separate and apart since September 16, 2003.
2. Each party will execute an Affidavit of Consent and a Waiver of Notice of Intent to
Request Divorce Decree within ten (10) days of the signing of this Agreement.
INCOME TAX
3. Husband agrees to pay the monthly payments to the Internal Revenue Service for the taxes
incurred by both parties for the years 2001 and 2002.
DEBTS
4. Husband shall make payments in the amount of $311 per month toward the payment of
Wife's Toyota Camry until October 2004.
5. Husband is responsible for all medical bills incurred prior to October 30, 2003. Wife is
responsible for all medical bills incurred after October 31, 20021.
6. Husband will pay $100 per month toward overdue utility and medical bills, including
Verizon, dental, and Holy Spirit Hospital, until paid in full.
7. Except as otherwise identified in this agreement, the pm'ties represent and warrant to one
another that they are not aware of any other items of marital debt.
PERSONAL PROPERTY
9. Husband will keep all personal property in the house at 2109 Warren Way,
Mechanisburg, PA, 17050, except for Wife's clothing and personal items and the bedroom set,
which Wife already has in her possession.
MEDICAL COVERAGE
10. Husband shall provide health insurance coverage for Wife for one year from the date the
divome is final, or until Wife remarries or secures employment from which she can obtain health
insurance benefits. Wife shall notify Husband if she obtains health insurance coverage
independently prior to the end of the one year period.
REMEDIES
11. 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 seek any other remedy
allowed under Pennsylvania law.
12. Any party breaching this agreement shall be responsible for the payment of all legal fees
and costs incurred by the other in enfoming his or her rights under this agreement, or seeking
such other remedy or relief that may be available to him or her.
ENFORCEMENT
13. The Cumberland County Domestic Relations Office shall be the enforcer of this
Agreement.
FULL AND FINAL SETTLEMENT OF ALL CLAIMS
14. Except as provided herein, Husband and Wife agree that the execution of this agreement
is a full and final settlement of all economic and other claims between them, including, without
limitation, the ownership and equitable distribution of marital property, the past, present and
future spousal support, alimony, alimony pendente lite and/or maintenance of either of them, and
in general, any and all claims and all other possible claims by one against the other or against
their respective estates.
BINDING ON PARTIES AND OTHERS
15. This agreement shall be binding on the parties and their respective heirs, executors,
administrators and assigns.
INCORPORATION
16. The parties intend this agreement to be incorporated, but not merged, into the divorce
decree. This agreement shall continue in full force and effect after such time as a final decree in
divorce may be entered with respect to the parties.
17. The parties intend to be legally bound by the terms of this agreement, and intend that it be
filed with the Court as satisfaction of the alimony pendente lite, costs, counsel fees, and alimony
claims. However, the parties agree that failure to file this agreement with the Court shall have no
effect on the parties' obligations or the ability to utilize any remedy for enforcement.
MODIFICATION TO BE IN WRITING
18. No modification or waiver of any of the terms hereof shall be valid unless in writing and
signed by both parties.
LAW OF PENNSYLVANIA APPLICABI,F,
19. This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
INTEGRATION
20. This Agreement constitutes the entire understanding of the parties and supersedes any and
all prior agreements and negotiations between them. There are no representations or warranties
other than those expressly set forth herein.
NO WAIVER OF DEFAUI,T
21. This Agreement shall remain in full force and effect unless terminated under the terms of
this Agreement. The failure of either party to insist upon strict ]performance of any of the
provisions of this Agreement shall in no way affect the right of:such party thereafter to enforce
the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of
any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict
performance of any other obligations herein.
ADDRESSES OF PARTIES
22. As long as any obligations remain to be performed pursuant to the provisions of this
Agreement, each party shall have the affirmative obligation to keep the other informed of his or
her residence address, and shall promptly notify the other in writing of any change of address by
giving the new residence address.
ADVICE OF COUNSEl,
23. The provisions of this Agreement and their legal effect have been fully explained to Wife,
by her counsel, The Family Law Clinic. Husband is unrepresented. Husband acknowledges that
he has been informed that the Family Law Clinic represents only wife in this matter and has
given him no legal advice, except to seek his own legal counsel, u&ich he has declined to do so.
Each party confirms that he or she fully understands the terms, conditions and provisions of this
Agreement and believes them to be fair, adequate and reasonable under the existing facts and
circumstances. The parties further confirm that each is entering into this Agreement freely and
voluntarily and that execution of this Agreement is not the result of any duress, undue influence,
collusion, or improper or illegal agreements.
FAITH E. NANCE, PLAINTIFF
24. Each of the parties has carefully read and fully considered this Agreement and all of the
statements, terms, conditions, and provisions thereof prior to signing below.
Pro Se
lysil[ L. Hudock ~
Certified Legal Intern
_THOM~ 1~ PLACE
LUCY ~0HNSTON-WALSH
ANNE MACDONALD-FOX
Supervising Attorneys
Attorneys for Plaintiff
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
FAITH E. NANCE,
Plaintiff
DWAYNE E. NANCE, :
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTy, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
NO. 03-6485 CIVIL TERM
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER §3301 (e) OF THE DIVORCE CODE
1. I consent to the entry ora final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses ifI 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 a 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 made subject to the penalties of 18 Pa.C.S.§ 4904 relating to unsworn
falsification to authorities.
Date:~c)
Faith Nance, Plaintiff
FAITH E. NANCE,
Plaintiff
DWAYNE E. NANCE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
:
: NO. 03-.6485 CIVIL TERM
AFFIDAVIT OF CONSENT
A complaint for divorce under § 3301 (c) of the Divorce Code was filed on
December 16, 2003.
The marriage of the plaintiff and defendant is irretrievably broken and ninety days
have elapsed from the date of filing and service of the Complaint.
I consent to the entry ora final decree of divorce after service of notice of
intention to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn
falsification to authorities
aith Nance, Plaintiff
FAITH E. NANCE,
Plaintiff
DWAYNE E. NANCE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
NO. 03-6485 CIVIL TERM
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 I may lose rights concerning alimony, division of property,
'
awyer s fees or expenses ifI 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 a that a copy of the decree will be sent to me immediately after it is
filed with the Prothonotary.
Date:_
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S.§ 4904 relating to unsworn
falsification to authorities.
FAITH E. NANCE,
Plaintiff
DWAYNE E. NANCE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
NO. 03.-6485 CIVIL TERM
AFFIDAVIT OF CONSENT
A complaint for divorce under ~; 3301 (c) of the Divorce Code was filed on
December 16, 2003.
The marriage of the plaintiff and defendant is irretrievably broken and ninety days
have elapsed from the date of filing and service of the Complaint.
I consent to the entry ora final decree of divorce after service of notice of
intention to request entry of the decree.
I verify that the statements made in this affidavit are true axed correct. I understand that
false statements herein are made subject to the penalties of 18 Pa Z.S. § 4904 relating to unsworn
falsification to authorities
Date: ~- ~0~
Dwayne Nagnce, Defe, nd~~t
FAITH E. NANCE,
Plaintiff
DWAYNE E. NANCE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
NO. 03..6485 CIVIL TERM
CERTIFICATE OF SERVICE
I, Alysia L. Hudock, hereby certify that on this 1 st day of April, 2004, I am serving a true
and correct copy of the Plaintiff's and Defendant's Affidavit of Consent and Waiver of Notice of
Intention to Request Entry of a Divorce Decree Under 3301 (c) of the Divorce Code, Marital
Settlement Agreement, Praecipe to Transmit Record, and Divorce Information Sheet on Dwayne
E. Nance, residing at 2109 Warren Way, Mechanicsburg, PA 17050, by first class U.S. mail,
postage prepaid.
April 1, 2004
A~a L. Hudock
Certified Legal Intern
FAMILY LAWCLINIC
45N. PiU St.
Carlisle, PA 17013
717-243-2968
FAITH E. NANCE,
Plaintiff
DWAYNE E. NANCE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
NO. 03-.6485 CIVIL TERM
PRAECIPE TO TRANSMIT THE RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry of a
divorce decree:
Code. 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce
Date: April 1, 2004
2. Date and manner of service of the complaint: December 19, 2003, by U.S. mail,
certified, restricted delivery, return receipt requested, postage prepaid.
3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the
Divorce Code: by the plaintiff, March 22, 2004; by the defendant, March 29, 2004.
4. Related claims pending: The terms of the Marital Sett]tement Agreement, filed with the
Prothonotary on April 1, 2004, shall be incorporated into the Dec, ree of Divorce by reference.
5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the
pronthonotary: April 1, 2004.
Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the
pronthonotary: April 1, 2004.
dock
Certified Legal Intern ,,
ANNE IVI~C DONALD-FOX
LUCY JOHN'STON-WALSH
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717/243-2968
IN THE COURT OF COIVliVION
OF CUMBERLAND COUNTY
STATE OF PENNA.
........ ~lanee
Plaintiff
VERSUS
Dwayne E. Nance
Defendant
N O. 03-6485
PLEAS
DECREE IN
DIVORCE
AND NOW, , [T IS ORDERED AND
DECREED THAT P~h R. ~]~q~ , PLAINTIFF,
AND Dw~.vnP R. ~anPP
,DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLIOWiNG CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YEt BEEN ENTERED; None. IT IS FURTHER ORDERED AND DECREED
that the terms, provisions and conditions of a certain Marital
Settlement Agreement filed on April 1, 2004, are hereby
incorporated in this Decree in Divorce by reference as though
fully set forth herein at length. Said Agreement shall not
merg~ with, hilt shal] ,~m]rv~ve this DPPrAP in n~-nrcA
PROTHONOTARY