HomeMy WebLinkAbout01-6803STANLEY L. NYE,
Plaintiff
V.
DEBRA L. NYE,
Defendant
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY,
:PENNSYLVANIA
: CIVIL ACTION - DIVORCE
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take action within twenty (20) days after
this Complaint and Notice are served, by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses or objections to the claims set
forth against you. You arc warned that if you fail to do so the case may proceed without
you and judgement may be entered against you by the Court without further notice for
any money claimed in the Compla'mt or for any other claim of relief requested by the
Plaintiff. You may lose money or property or other fights important to you.
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.
Cumberland County Court Administrator
1 Courthouse Square
Carlisle, PA 17013
717-240-6200
ORIGINAL
STANLEY L. NYE,
Plaintiff
V.
DEBRA L. NYE,
Defendant
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY,
:PENNSYLVANIA
Le han demando a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene vienta (20) dias de plazo al partir de al
fecha de la demanda y la notificacion. Usted debe presebntar uuuna apariencia escrita o
en persona a pot abobgado y archivar en la corte en foima escrita sus defensas o sus
objectiones a las demandas en contra de su persona. Dea avisado que si usted no se
defiended, la corte tomara medidos y puede una orden contra usted sin previo aviso o
notificacion y por cualquier queja o aquvui que es pedido en la peticion de demanda.
Usted puedo parder dinero o sus propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO
TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE
PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAMA POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA
ESCRITA ABOJO PARA AVERIGUAR DONDE SE PUEDE CONSIGUIA
ASISTENCIA LEGAL.
Cumberland County Court Administrator
1 Courthouse Square
Carlisle, PA 17013
71%24 ~-6200
STANLEY L. NYE :IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY,
:PENNSYLVANIA
Plaintiff :
V. :
: CIVIL ACTION - DIVORCE
Defendant :
AND NOW comes Plaintiff, Stanley L. Nye, by and through counsel, Robert S.
Mirin, Esquire, herewith files this action seeking divorce and in support of that
Complaint avers as follows:
PARTIES
1. This marriage was celebrated by District Justice Helen B. Schullenberg on May 7,
1998 in Cumberland County, Newville, Pennsylvania.
1. The marriage is the second for Stanley L. Nye and the third for Debra L. Nye.
2. Neither party is a member of the Armed Forces of the United States.
3. The parties have resided at 742 Tonvay Road, Gardners, PA 17324. Currently both
parties are still residing in the house.
4. There are no children from this marriage, however, Plaintiff Stanley L. Nye has a
support obligation for a daughter, Amy Elizabeth Nye, age 16, date of birth 7/31/85.
5. The marriage is irretrievably broken.
6. Both parties have 401K retirement plans.
COUNT I
WI-IEREFORE, Plaintiff, Stanley L. Nye respectfully requests that
the Court issue a decree of divorce, dissolving said marriage, and the bonds of
matrimony.
8150 Derry Street
Harrisburg, PA 17111
(717) 909-4343
VERIFICATION
Subject to the penalties of 18 Pa.C.S.A. {}4904 relating to unsworn
falsification to authorities, I hereby certify that that the facts set forth in the
foregoing complaint are true and correct to the best of my information and belief.
Stanley L. Nye
Dated:
CERTIFICATE OF SERVICE
I, Monica Bender, hereby certify that a copy of the foregoing Complaint
has been hand delivered to the following:
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Debra Nye
740 Torway Road
Gardners, PA 17324
Dated:
M0nica R. Bender, Legal Assistant
8150 Derry Street, Suite A
Harrisburg, PA 17111
(717) 909-4343
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
STANLEY L. NYE :
:
Plaintiff :
:
V. _.
DEBRA L. NYE :
:
Defendant :
CIVIL ACTION - DIVORCE
NO. 01-6803 Civil Term
ENTRY OF APPEARANCE
I, Robert S. Mirin, enter my appearance as counsel for the Plaintiffin the above
captioned matter.
Robert S. Mirin,~q.
8150 Deny Striet
Suite A
Harrisburg, PA 17111
(717) 909-4343
ORIGINAL
CERTIFICATE OF SERVICE
I, Moniea Bender, hereby certify that a copy of the foregoing Entry of~4ppearance was
served via first class mail to the following:
Ruby Weeks, Esquire
10 West High Street
Carlisle, PA 17103
DATED:
Monica R. Bender, Paralegal
AHMAD & MIRIN
8150 Derry Street, Suite A
Harrisburg, PA 17111
(717) 909-4343
STANLEY L. NYE,
Plaintiff
DEBRA L. NYE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, pENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
$01-6803 CIVIL TERM
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed
on Novemeber 29, 2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of filing and service of the
Complaint.
3. I consent to the entry of a final decree of divorce after service of
notice of intention to request entry of the decree.
4. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a
divorce is granted.
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 falsi~a~ion to authorities.
'D~bra L. Nye,-De~fendan~ /
Sworn and subscribed~ to
before.jne this ~daZ
of /J /LL ,
Notary Public
STANLEY L. NYE,
vs.
DEBRA L. NYE,
Plaintiff :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
#01-6803 CIVIL TEP, M
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY
OF DIVORCE DECREE UNDER 5 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, lawyer's fees or expenses if I do not claim them before a
divorce is granted.
3. I understand that I will not be divorced until a divorce decree is
entered by the Court and that a copy of the decree will be sent to
me immediately after it is filed with the prothonotary.
I verify that the statements made in this affidavit are true and correct.
I understand that false statements herein are made subject to the penalties of
18 Pa.C.S. § 4904 relating to unswor/~ification to authorities.
STANLEY L. NYE , :
Plaintiff :
..
V. '-
:
DEBRA L. NYE, :
Defendant :
IN THE COURT OF
COMMON
PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
01-6803 Civil Term
CIVIL ACTION - 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 I may lose rights concerning alimony, division of property,
lawyer's fees or expenses ifI do not claim them before a divorce decree is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with
the prothonotary.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 19 Pa.C.S.
§4904 relating to unsworn falsification to authorities.
Date:
ntiff~
STANLEY L. NYE , :
Plaintiff :
:
V. ;
;
DEBRA L. NYE, :
Defendant :
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
01-6803 Civil Term
CIVIL ACTION - DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under §3301(c) of the Divorce Code was filed on
November 29, 2001.
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 final 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 19 Pa.C.S.
§4904 relating to unswom falsification to authorities.
Date:
MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT, made this ~0~ day of .~ 2002, by and
between, Stanley L. Nye of Gardners, Cumberland County, Pennsylvania, hereinafter
referred to as "Husband," and Debra L. Nye of Gardners, Cumberland County,
Pennsylvania, hereinafter referred to as "Wife."
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on May 7, 1999, and
WHEREAS, differences have arisen between Husband and Wife in consequence
of which they intend to live separate and apart of each other; and
WHEREAS, Husband and Wife have made a full disclosure of their assets to each
other; and
WHEREAS, Husband and Wife desire to settle and determine their fights and
obligations with respect to each other, including the disposition and distribution of
property rights and interests between them.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
undertakings hereinafter set forth and for other good and valuable consideration, receipt
of which is hereby acknowledged by each of the Parties hereto, Wife and Husband, each
intending to be legally bound hereby, covenant and agree as follows:
1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal
effect have been fully explained to the Parties by their respective counsel, Robert S.
Mirin, Esquire, for Husband, and Ruby D. Weeks, Esquire, for Wife. The Parties
acknowledge that they have received independent legal advice fi.om counsel of their
selection and that they fully understand the facts and have been informed as to their legal
fights and obligations and they acknowledge and accept that this Agreement is, in the
circumstance fair and equitable and that it is being entered into freely and voluntarily,
after having received such advice and with such knowledge and that execution of 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.
2. SEPARATION. It shall be lawful for each Party at all times hereafter to
continue to live separate and apart from the other Party. The foregoing provisions shall
not be taken as an admission on the part of either Party of the lawfulness or unlawfulness
of the causes leading to their living apart.
3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The
Parties agree that the terms of this Agreement shall be incorporated into any Divorce
Decree that may be entered with respect to them at the request of either Party. The
Parties agree that the Court of Common Pleas of Cumberland County, Pennsylvania, shall
retain continuing jurisdiction over the Parties and this Agreement for the purposes of
enforcement of any of the provisions thereof.
The Parties agree that unless othenvise specifically provided herein, if a Decree is
entered divorcing the Parties, although this Agreement shall be incorporated into said
Decree, this Agreement shall not merge with, but shall continue in full force and effect
after such time as a Final Decree in Divorce may be entered with respect to the Parties
and may be enforced in an action independent of the Divome Decree. The Parties agree
and it is the intent of each of them that even though this Agreement may be enforced
either under the provisions of the Pennsylvania Divome Code or in an action independent
of the Divorce Decree in accordance with Section 3502 of the Pennsylvania Divorce
Code, the provisions of this Agreement regarding the disposition of existing property
rights and interests between the Parties, alimony, alimony pendente lite, counsel fees and
expenses shall not be subject to modification by any Court.
4. SLrBSEQUENT DIVORCE. The Parties hereby acknowledge and express
their agreement that the marriage is irretrievably broken, and the Parties agree to
cooperate in any necessary way to obtain a mutual consent, no-fault divorce, pursuant to
Section 3301 (c) of the Pennsylvania Divorce Code.
5. INTERFERENCE. Each Party shall be free from interference, authority, and
contact by the other, as fully as if he or she were single and unmarried, except as may be
necessary to carry out the provisions of this Agreement. Neither Party shall molest the
other or attempt to molest the other, nor compel the other to cohabit with the other, or in
any way harass or malign the other, nor in any way interfere with the peaceful existence,
separate and apart from the other.
6. WIFE'S DEBTS. Wife represents and warrants to Husband that she will not
contract or incur any debt or liability for which Husband or his estate might be
responsible and she shall indemnify and save harmless Husband from any and all claims
or demands made against him by reason of debts or obligations incurred by her.
7. HUSBAND'S DEBTS. Husband represents and warrants to Wife that he will
not contract or incur any debts or liability for which Wife or her estate might be
responsible, and he shall indemnify and save harmless Wife from any and all claims or
demands made against her by reason of debts or obligations incurred by him.
8. MUTUAL RELEASE. Subject to the provisions of this Agreement, each Party
has released and discharged, and by this Agreement, does for himself or herself, and his
or her heirs, legal representatives, executors, administrators and assigns, release and
discharge the other of and from all causes of action, claims, rights, or demands,
whatsoever in law or equity, which either of the Parties had or now has against the other,
except for any and all causes of action for divorce and except for any and all causes of
action for breach of any provisions of this Agreement.
9. DISCLOSURE OF PROPERTY. Husband and Wife acknowledge and agree
that they have made a full and complete disclosure to the other of all information
pertaining to the Parties' separate and marital property owned, possessed and/or
controlled by the other at the time of the separation of the Parties and, further, that the
Husband and Wife voluntarily and intelligently agree to waive any rights which they may
have to receive an Inventory and Appraisement of all property owned or possessed by
them, either jointly or individually, at the time of the delivery of this Agreement or of the
commencement of any action of divome.
10. EQUITABLE DISTRIBUTION. Husband and Wife acknowledge and agree
that the provisions of this Agreement with respect to the distribution and division of
marital and separate property are fair, equitable and satisfactory to them based on the
length of their marriage and other relevant factors that have been taken into consideration
by the Parties.
a. REAL PROPERTY. The Parties agree that the marital residence, shall be
sold. Husband shall retain 60% of the net proceeds, Wife shall retain 40% of the net
proceeds from the sale of the marital residence. Husband shall assume sole financial
responsibility for the costs associated with this property, including but not limited to
mortgages, taxes, insurance, utilities, repairs and improvements. Husband shall indemnify
Wife and hold her harmless for any claim made against her relative to the marital
residence.
b. PERSONAL PROPERTY.
The following properties shall become the sole and exclusive properties of
Husband:
1. Refrigerator
2. Freezer
3. Gas Grill
4. Garden Tractor
5. Snow Blower
Any of these properties in the possession of Wife shall be transferred to Husband
by Wife contemporaneously with the granting of the divorce decree.
The following properties shall become the sole and exclusive properties of Wife:
1, Washer
2. Dryer
3. Stove
4. Push Mover
Any of these properties in the possession of Husband shall be transferred to Wife
by Husband contemporaneously with the granting of the divorce decree.
Neither Party shall make any claim to any other item of tangible personal property
whether said items are marital property or said items are separate personal property of
either Party.
c. EMPLOYMENT-RELATED BENEFITS. Wife hereby relinquishes any
claim to Husband's retirement, 401K plan or any other retirement plans that Husband
may have. Husband hereby relinquishes any claim to Wife's retirement plans, SEPS,
Roth IRA or any other retirement plans that Wife may have.
d. LIFE INSURANCE POLICIES. Wife hereby relinquishes any claim to
Husband's life insurance policies. Husband hereby relinquishes any claim to Wife's life
insurance policies
e. HEALTH INSURANCE. Both parties agree to acquire health insurance
through their respective employers.
f. 2001 and 2002 INCOME TAX RETURNS. Both parties have agreed to
cooperate with the filing of Fiscal Year 2001 and Fiscal Year 2002 Income Tax Returns
in order to minimize liability or maximize monies returned from the Internal Revenue
Service. Any tax savings will be split 50/50 between the parties.
g. ABF FREIGHTLINES. Wife hereby relinquishes any and all fights to any
settlement or award of damages in connection with Husband's lawsuit involving ABF
Freightlines.
h. CAPITAL GAINS AND EXPENSES FROM THE SALE OF ASSETS.
Any capital gains from the sale of marital residence under this agreement shall be shared
60% by Husband and 40% by Wife. Any capital gains from the sale of any other
property shall be borne solely by the selling party.
i. MOTOR VEHICLES. With respect to the vehicles owned by the Parties,
Husband shall keep the vehicle in his possession, Wife shall keep the vehicle in her
possession.. Both parties shall be responsible to pay their own auto insurance.
11. SPOUSAL SUPPORT, ALIMONY, ALIMONY PENDENTE LITE,
COUNSEL FEES AND EXPENSES. Wife hereby agrees not to file for spousal support
and will withdraw her pending petition. Each Party shall be responsible for its own
counsel fees.
12. WAIVER OF CLAIMS AGAINST ESTATE. 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 fights he or she may now or hereafter acquire,
under the present 6r futm'e laws of any jurisdiction, to share in the property or the estate
of the other as a result of the marital relationship, including, without limitation, dower,
courtesy, statutory allowance, widows allowance, right to take property under equitable
distribution, fight to take in intestacy, right to take against the will of the other's estate,
and who will, at the request of the other, execute, acknowledge and deliver any and all
instruments which may be necessary or advisable to carry into effect this mutual waiver
and relinquishment of all such interests, rights and claims.
13. BREACH. If either Party breaches any provision of this Agreement, the
other Party shall have the right, at his or her election, to sue for damages for such breach
or seek such other remedies or relief as may be advisable to him or her, and the Party
breaching this Contract shall be responsible for payment of legal fees and costs incurred
by the other in enforcing their rights under this Agreement.
14. 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.
15. MODIFICATION AND WAIVER. The modification or waiver of any of
the provisions of this Agreement shall be effective only if made in writing and executed
with the same formality 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.
16. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for
convenience only. They shall have no effect whatsoever in determining the rights or
obligations of the Parties.
17. INDEPENDENT SEPARATE COVENANT. It is specifically understood
and agreed by and between the Parties hereto that each paragraph hereof shall be deemed
to be a separate and independent covenant and agreement.
18. APPLICABLE LAW. This Agreement shall be construed under the laws of
the Commonwealth of Pennsylvania.
19. VOLUNTARY EXECUTION. Husband and Wife acknowledge and
represent that the provisions of this Agreement are fully understood by both Parties and
each Party acknowledges that this Agreement is in all respects fair and equitable, that it is
being entered into voluntarily and knowingly, and that it is not the result of any duress,
undue influence, collusion or improper or illegal agreement or agreements.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the
day and year first above written.
.r '"Stanley L(Nye
Robert S. Mirin, Esquiy
Rub~
· ~,omplete items 1, 2, and 3. Also complete
~ 4 if Re~tricted Delivery is desired.
· I~nt your name and address on the reverse
ee that we can return the card to you.
· ,~tach this card to the back of the mallptane, [] Aga~
or on the f?nt if space permits.
1. ~lcle Addressed : r-I Yes
Signature
[] Express Mall
[] Return Recelpt for Memha~2~e
[] C.O.D.
[] Inaured Mail
4~ Restricted Delivery? ~ Fee) r=l Yes
Number (Copy from servk:e/abe0 J
STANLEY L. NYE,
Plaintiff
V.
DEBRA L. NYE,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
01-6803 Civil Term
CIVIL ACTION - DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following info~cxation, to the court for entry of a divorce
decree:
1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code.
2. Date and manner of service of the complaint: Certified Mail, Return Receipt, December 3,
2001 (see Attached).
3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code:
by Plaintiff: April 25, 2002; by Defendant: April 22, 2002.
4. There are no related claims pending.
5. Date of execution of thc waiver of notice required by §3301(c) of the Divorce Code:
by Plaintiff: April 25, 2002; by Defendant: April 22, ~ i~~~
R . '' , qu ,
Attorney for Plaintiff ~re, / ~4'~'::~i~'~)c>~
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE Of .~~ PENNA.
NO. 01-6803 Civil~Action - Divorce
STANLEY L. NYE
VERSUS
DEBRA L. NYE
DECREE IN
DIVORCE
AND NOW, ~V}~ ~ c~
DECREED THAT STANLEY L. NYE
AND DEBRA L. NYE
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;
, -;_~O~ , IT IS ORDERED AND
__, PLAINTIFF,
, DEFENDANT,
BYThE COURT: /~ /
· ' - ~ PROTHONOTARY
STANLEY L. NYE,
Plaintiff
DEBRA 1. NYE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
~01-6803 CIVIL TERM
NOTICE OF ELECTION TO RETAKE MAIDEN NAME
Notice is hereby given that the Defendant in the above matter, hereby
elects to retake and hereafter use her prev/~6u~name of Debra Rhoads.
De~ra L. Nye / ( /
L. Rhoa~d~s / ' //
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
On the 17th day of April, 2002, before me a Notary Public, personally
appeared Debra Nye to be Debra Rhoads known 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, I have hereunto set my hand and official seal.
Notary Public