The URL can be used to link to this page

Home My WebLink About94-06297 " i:. , I"; " ;i'" ,', ":" ............ " ,,-' \~" , I>'..... I' -. ,-,'..; L. .,'.' ~',:.':A, t'/,,\ <.'. ~:\iq ~;0.\.,-~ ',\ ,'<I' ;/It":"-':-I\ ~,~- t':. . ~-J I", ','" i ,r J t:"- O- rt ~ , ,~ 'JJ ,,<, .' ,i "I " , , ." " " " " ",1; ! , , In, , ,'~h r,.r\tJ \'::' ,~!.'~ , '1':'{Vii 'r',t::,' af!.\.' ;~I ':';:i~ ,,:j\1'I' ;~rI1r Ii,,:iiy ': :~Ij ',";( ,iij) .7J ,<,; f;) ;',t ,'.!-t , ' " t' , 1'_'-,' . (~ I' "j~ ::{J " ,:'i~ "-'t-~E ':::1, "Ji'\ 'I"t~f , -/"I~r, "..--'0 :',''i '.,1 i\"" i'.l ','; !-;if ,1.'., ,.'j " .. . . ~~----------~~-~--~->-~~~--~--~ . . _._----~-_. --'-~'-"------'-""'--'''''''''-'''--''---'''~''--~'-~~ . . 8 : IN THE COURT OF COMMON PLEAS : . OF CUMBERLAND COUNTY 8 . .~ 8 : STATE OF ~~ PENNA. : . 8 . 8 . DONNA F. NYE.i 8 . Plaintiff N ().94~62.97GI"ILTE\llj 8 . V.'l'ollo 8 . WAYNE K. NYE. . . !lefendant . . . * 8 · DECREE IN . · DIVORCE . . \ . ; AND NOW, ....J.\I~"~.,',.".,.., 1996,.". it is ordered and : . decreed that "....,.",.... DO,NNA. F, '. . NY.E , , . . .. , .. . , , , .. . '" plaintiff. , . . and ".., ,...,",.,',...."WAYN,E,K~.,NYE,.,.......,',..., defendant, ' . ~ : are divorced from tne 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; .,.,.~ I' IlII vv l8 . All other claims have been resolved in a Property Settlement and '.~, Sepiltat1cirt 'Agr'eellleIit . dll'tEld' J'srtliary 24',1996; a' c'cipy of . which ' 1's " *, 4~~AC;l:1~d, ,hllff!tQ aile!, ,incOl':Ilor~t;ed,Ql,ltnqt~E1Jj,PP,., .t1J!r,E1i~, bY...,. 8 . reference as though fully set forth. ~ , C;';tj(,' / I : n, r".(/ ';J & . AlI"'IA.,"t.f~ [' ,'~,~'~-'o/.f.7 J. ~ '+1'" /'" ~r. ~ P,olhonolary 11-. __ ;~ , ' ~ " ., ~ ~ :~ ~ ~ --~------._--*------- '.7/'9&t tU.t'",~~:14 ~ 7/9, W./~ (pI)__IN/ :al..~ . , , ' , . . . . WAYNI F. SHADE A_ .u.. DW..__ C_,-,...... I roll ~ . . r PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT, made this 24th day of January , 1996, at Carlisle, Cumberland County, Pennsylvania, by and between WAYNE K. NYE of 415 Enola Road, Newburg, Cumberland county, Pennsylvania 17240 (hereinafter referenced a8 "Husband") AND DONNA F. NYE of 507 Meadow Drive, Shippen8burg, Franklin county, Pennsylvania 17257 (hereinafter referenced as "wite"). ARTICLE I SEPARATION 1,01 SeDaration ot Parties, Differences have arisen between the parties 8S a result ot which they have been living separate and apart since on or about November 3, 1994. 1.02 Intention to Live ADart. The parties intend to maintain separate and permanent domiciles and to live apart trom each other. It is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them. ARTICLE II ENFORCEABILITY AND CONSIDERATION 2,01 Eauitable Distribution of Marital PrODertv. The parties have attempted to divide their marital property in a manner which conforms to the criteria set torth in 5401 of the Pennsylvania Divorce Code, and taking into account the fOllowing . . considerations: Any prior marriages ot the partie.; the ag./ health, station, amount and sources ot income, vocational Ikilll, employabil i ty, estate, liabil i ties and needs ot each ot the parti.l; the contributions ot each party; the opportunity ot each party tor tuture acquieition ot capital assets and income; the sourc.s ot income ot each party, including, but not limited to, medical, retirement, insurance or other benetits; the contribution or dissipation ot each party in the acquilition, preservation, depreciation or appreciation ot marital property, including the contribution of each party as homemaker; the value ot the property set apart to each party; the standard ot living of the parties established during the marriage; and the economic circumstances ot each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in anyway a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 2,02 Incorcoration and Heraer. This Agreement shall be incorporated but not merged in the decree of divorce contemplated herein, This Agreement shall survive any action for divorce and deere. of divorce and, unless otherwise set forth herein shall WAnII! ,. SHAD! A__UW "'--- c_. -....... 1'101J -2- . . forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms ot this Agreement by either Husband or Wife until it shall have been tully satisfied and performed, Any provisions herein concerning property rights, alimony and counsel fees shall not be modifiable. The considerations tor this Agreement are the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements ot each of the parties to the other, The adequacy of the consideration for all agreements herein Gontained is stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. 2,03 Aareement Predicated on Divorce. It is specitically understood and agreed, by and between the par~ies hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery ot this Agreement is predicated upon an agreement for institution and prosecution of an action for divorce. Nothing contained in this Agreement shall prevent or preclude either of the parties hereto trom commencing, instituting or prosecuting any action or actions tor divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party trom defending any such action which has been, mayor shall be instituted by the other party, nor from making any just or proper defense thereto. It is warranted, covenanted and repre.ented by Husband and Wife, each W A YNIl F. SlIADl A_...... SlW"__ c_, -.,..... 1101) -3- . to the other, that this Agreement is lawful and entorceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement, Husband and Wite each know.ingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal or tor any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any event, he and ehe are and shall forever be estopped from asserting any illegality or unenfQrceability as to all or any part of this Agreement. ARTICLE III EQUITABLE DIVISION OF MARITAL PROPERTY 3,01 Eauitable Division of Real Property. Upon execution of this Agreement, Husband will deposit with his counsel the sum of $28,500 which will be held in escrow pending issuance ot a full and final Decree divorcing the parties from the bonds of matrimony. At the same time, a Deed to be prepared by counsel for Husband will be executed by Wife, acknowledged and held in escrow by counsel for wite pending issuance of a full and final Decree divorcing the parties from the bonds of matrimony. Upon issuance of said Decree in Divorce, the Deed will be delivered to counsel for Husband, and the $28,500 will be delivered to counsel for Wife, There shall be no other provisions or obligations in WAYMIl F. SHAD! A__l.ft -4- nw..__ c_,~...... I IOU W.UIIIl F. SHADE A__la >>W..__ c_, -.,...... 11II1l . either direct.ion in connection with the transter ot the marital real property to Husband. 3,02 Equitable DivIsion of Personal ProDertv. ea> The turniture, household goods and other similar untitled personal property have been divided to the mutual satistaction ot the parties hereto, and each ot the parties retains absolute ownership of such items in his or her possession or control at th.. date ot this Agreement. The property shall be deemed to be in the possession or under the control of either party it, in the case ot tangible personal property, the item is physically in the possession or control ot the party at the time ot the signing of this Agreement and, in the case of intangible personal property, it any physical or written evidence ot ownerShip, such as passbook, checkbook, policy or certiticate ot insurance or other similar writing is in the possession or control of the party, except as provided otherwise in this Agreement; (b) with the exception of any tederal income tax retund tor 1995, all other marital property shall become the property ot Husband as part of the consideration for the atoresaid payment of $28,500. ARTICLE IV DEBTS OF PARTIES 4,01 Mortaaae. HUSband ehall assume reuponsibility for payment of the mortgage against the marital real property and -5- WAYIQI F, SHAD! A-., . ... UW..__ c_, -.,...... 11011 . will indemnify and hold Wife harmless from any default with re.psct to .aid mortgage obligation. 4.02 Post-SeDaration Obliaations. Each party repre.ents to the other that, except as specifically set forth immediately above, there are no outstanding joirlt obligations of the parties and that since the separaticn neither party has contracted for any debt. for which the other will be responsible. Each party indemnifies and holds harmless the other for all obligations .eparately incurred or assumed under this Article IV. ARTICLE V CHILDREN 5.01 CustodY. Custody of the children of the partie. shall remain outside the terms of this Agreement. 5.02 SUDDort. Support of the children of the partie. shall remain outside the terms of this Agreement. ARTICLE VI ALIMONY 6.01 Aareement. Husband shall pay to Wife the sum of $300.00 per month on the first day of each month commencing on the first day of the month after issuance of the Decree in Divorce, Sald payments shall continue for twelve months at the rate of $300,00 per month. They will then continue for twelve more months at the rate of $200.00 per month and, thereafter, for twelve more months at the rate of $100.00 per month. Said payments shall not be modifiable for any reason including the death of Wife. -6- . ARTICLE VII COUNSEL FEES 7.01 Present Fees. In the event ot amicable settlement ot ell marital i..ue. and the entry ot a Decree in Divorce pur.uant to mutual consent within thirty (30) days from the date ot this Agreement, each of the parties hereby assumes his and her own coun.el tees up to and including the date of the Decree in Divorce, 7,02 Counsel Fees After Divorce. The parties agree with re.pect to counsel fe~s incurred atter the divorce, as tollows: (a) In the event that future legal proceedings of any nature may be necessary for the interpretation or enforcement of this Agreement or any valid modifications hereof, the prevailing party shall be entitled to reaaonable counsel fees incurred. (b) Reasonable counsel fees hereunder shall be defined as reasonable hours expended at the then hourly rate ot counsel for the prevailing party, (c) Such counsel fees shall extend to any independent proceedings necessary to collect counsel fees or to enforce any other judgment or decree in connection with this Agreement. ARTICLE VIII GENERAL PROVISIONS 8.01 Income Tax Conseauences. The parties have heretotore filed joint federal and state income tax returns, The parties will tile income taxas jointly for 1995 through an independent income tax preparer and shall equally divide the anticipated WAYQ Po SHAD~ A-,.~ l3W,,__ C_, -,..... I1QlJ -7- W"YNIl Po SHADI "-' . .... "'--- ~,-'''- 11011 income tax r.fund, Both partie. agree that in the .vent any deficiency in fed.ral, .tat. or local income tax is proposed, or any a.....m.nt of any .uch tax is mad. against .ither of th.m, .ach will ind.mnify and hold harml.ss the oth.r from and against any loss or liability for any such tax d.fici.ncy or ass.ssm.nt and any int.rest, penalty and expense incurred in conn.ction therewith, Such tax, int.rest, penalty or expense shall b. paid .olely and entirely by the individual who is finally d.termined to b. r.sponsible for the deficiency or asses&ment. So long as the parties maintain joint physical cuetody of the children after the divorcer Hunband shall be entitled to claim both children for federal income tax exemption purposes and shall pay to Wife a sum which would be equal to her income tax saving, if she were to have claimed one of the children for federal income tax exemption purpose., Except as otherwise set forth herein, any income tax incidents of any kind imposed by virtue of any transfers of a.sets or other payments required under this Agreement \1111 be the responsibility of the transferee. 8,02 General Release of All Claims. Each party hereto releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have be.n incurr.d relating to or arising from the marriage b.tw..n the parties, However, neith.r party is relieved or discharged from any obligation under this Agreement or any other instrument or document executed pursuant to this Agreement. -8- WAYJIII F. SHADI A_....... >>--- c_, -.,.... I'IOU 8.03 Subseauent Divorce. Nothing herein contained will b. deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction bas.d upon any paat or future conduct of the other, nor to bar the other from defending any such suit. In the event any such action is instituted or concluded, the parties will be bound by all of the terms of this Agreement. 8.04 Waiver of Estate Claim. Except as otherwise herein provided, in the event of the death of either party hereto, each party hereby waives, releases and relinquishes any and all rights that he or she may have or may hereafter acquire as the other parties' spouse under the present or future laws of any jurisdiction, as follows: (a) to elect to take against the will or codicils of the other party now or hereafter enforced; (b) to share in the other parties' estate in cases of intestacy; and (c) to act as executor or administrator of the other parties' estate. 8.05 No Debts and Indemnification. Each party represents and warrants to the other that he or she will not incur any debt, obligation or other liability, other than those already described in this Agreement, on which the party is or may be liable. Each party covenante and agrees that if any claim, action or proceeding i. hereafter initiated ee~king to hold the other party -9- liable for any other debt, obligation, liability, act or omis.ion of such party or for any obligation assumed by a party hereunder, the party liable will, at his or her sole expense, defend th. other against any claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect to all damages resulting therefrom. The obligation created hereunder will be payable as alimony so as to constitute an exception to discharge in bankruptcy. 8.06 Full Disclosure. Each party asserts that he or she has made a full and complete disclosure of all of the real and personal property of whatsoever nature and wheresoever located belonging in anyway to each of them, of all sources and amounts of income received or receivable by each party, and of every other fact relating in anyway to the subject matter of this Agreement. These disclosures are part of the considerations made by each party for entering into this Agreement. 8.07 Riaht to Live SeDaratelv and Free from Interference, Each party will live separately and apart from the other at any place or places that he or she may select, Neither party will molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carryon and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her 801e use and benefit. Neither party will interfere with the use, WAYIIIl F. SHADE A__u. -10- n___ c_, -''''' 110Il ownership, enjoyment or disposition ot any property now owned or hereatter acquired by the other. 8.08 Aar..mant Voluntary and ClearlY Understood. Each party to thi~ Agreement acknowledges and declares that he or she, respectively: ea) Is tully and completely intormed as to the tacts relating to the subject matter ot this Agreement and as to the rights and liabilities of both parties; Cb) Enters into this Agreement voluntarily atter receiving the advice of independent counselor, having had the opportunity to do so, having decided not to do so; Cc) Has given careful and mature thought to the making ot this Agreement; Cdl Has carefully read each provision ot this Agreement; and Cel Fully and completely understands each provision of this Agreement, both as to the subject matter and legal ettect. 8,09 ComDliance. The parties will execute and deliver any documents necessary to formally conclude any of their obligations under the terms of this Agreement to each other. 8.10 Detault, It either party fails in the due pertormance of any of hi. or her material obligations hereunder, the party not in default will have the right to act against the other, at his or her election, to sue for damages tor breach hereot, or to rescind this Agreement or seek such other legal remedies .s may WAYNa P. SHADE A_ II Low n___ ~. -,,,.... I'IOU -11- be available to either party. Nothing herein shall be con.trued to re.trict or impair either party in the exerci.e ot this election, 8.11 Amendment or Modlticatio~, Thi. Agreement may be amended or ~oditied only by a written instrument signed by both partie. . 8. 12 Succ...or. and Assians. In the event ot the death ot either party prior to the iSBuance ot a Decree in Divorce, thi* Agreement shall survive the death; and all property, whether jointly or separately owned, shall be divided under the terms ot this Agreement between the estate ot the dftcedent and the .urviving spouse as though the Decree had issued prior to the death. Except a. otherwise expressly provided herein, this Agreement will be binding on and inure to the benetit ot the re.pective legatees, devisees, heirs, executors, administrators, a.signa and successor. in intere.t ot the partie., 8,13 Law Governina Aareement, Thi. Agreement will be governed by and will be construed in accordance with the laws ot the Commonwealth ot Pennsylvania in ettect at the date ot execution hereot, 8,14 Condition Subsequent. This Agreement is expre..ly contingent upon the issuance of a tull and tinal Decree in Divorce divorcing the partie. trom the bonds ot matrimony within thirty (30) day. from the date ot this Agreement. In the event WAYNIl P. SHADI A_ _Low u___ -. -,~.. ''IIIU -12- . ot tailure ot this condition, this Agreement shall become null and void. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, intending to be legally bound hereby, the day and year tirst above written. Signed, Sealed and Delivered in the Presence ot: If,- ; L L.' <I", JJ'I& , kd/.yr..l iJ.u../ (SEAL) Wayne K. NY~ '9- QtW/H.t,) ~ un UQ(SEAL) Donna F. Nye 0 WA'/llII P. SHADE A....., II .... JJ w... ..,........ c.IIIt, -""1IliI 110U -13- .' , " ~ o. C ;-:; "" ~; r ~ , \"; ~ '~J " Ct;" f, '~ r,. - ",~J 'c, C'.I -'':~ tc':; -. :;,; , '1.0 j'O; ,'!I~ J "5 ~ '-0 <h (.) '\ '- , , , , , . , WAYllZ p, SNADI A__'- JJW"__ ~,'-"- 11011 DONNA F. NYE, . IN THE COURT OF COKMON PLEAS or . plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA , . CIVIL ACTION - LAW . v. . , . NO. 94-6297 CIVIL TERM . WAYNE 1<. NYE, , . Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court fOl' entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under 53301(c) of the Divorce Code, 2. The date and manner of service of the Complaint were November 8, 1994, by certified United states mail, postage prep a id . 3. Date of execution of the Affidavit of Consent required by 53301(C) of the Divorce Code by Plaintiff was March 13, 1996, and by Defendant was June 19, 1996, 4. Related claims pending: None. Date: June 20, 1996 ~~~h"~A. tfayn . Shade Attorney for Defendant f if) 0' ......... -+ ;;.. .~.'.) ,~ J ... "- .... 0 loJ ' . " f.J ~ ~i) " II} ,;j In '" Q .... '" Ir! , ,~) If) <') V) r- Oc 'rj ...., ..... ....... Gl;t --. ...... J is .,::';.j '. . . '; ....'\..1 " IJ r-.J ~ f 4~A ::: .... ! .... .... .1 <i:I ~/l ~i f$ ! , $~ 4,' & ~ WJ , i :..: N :J t ,,' " , " , I tJ,.) "t; l'-.::J' . J ~!\, (..." " ,~ l~ ." ':'1. ~~, () ~ <n <,J 'i) ..... '" '(I ~' ~:I.. ,~ /0 ~~ a :~ " '\) ~ " t~' "- 00 - "f d ~ 'I i'/I!;:J "'{i'/~ I, : I .;,Ji, ;/'1. , , " " I I " P t; $ ! !J/I)~ . :; R ....) ... ';'f~ > IfJ "; '" Ivl!~ f4tg~ 14. "',z U j j tl ! - f\lI)t ~ z " f! j I Ii II I" 1 :/ 1 u v. IN THE COURT or COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 94- (/ ;)'77 CIVIL TIRM IN DIVORCE DONNA r. NYE, plaintiff WAYNE 1(, NYE, Detendant NOTICE TO DEPEND AND CLAIM RIGHTS You have been sued in court, It you wish to detend again.t the claim. .et torth in the following page., you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree of divorcQ or annulment may be entered against you by the court, A judgment may al.o be entered against you for any other claim or relief requested in the.e papers by the Plaintift. You may lose money or property or other rights important to you, inclUding custody or vi.itation ot your children, When the ground tor the divorce is indignities or irretrievable breakdown ot the marriage, you may reque.t marriage counseling, A list ot marriage counselors is available in the ottice ot the Prothonotary at the First Floor, cumberland County Courthouse, south Hanover street, CarliSle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION or MARITAL 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 TAU 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. Court Administrator cumberland county Courthouse South Hanover Street Carli.le, penn.ylvania 17013 (717) 240-6200 DONNA P. NYE, I IN THE COURT or COMMON PLIAS or plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. CIVIL ACTION - LAW I WAYNE X. NYE, I 94- CIVIL TERM Defendant I IN DIVORCE COMPLA.INT IN DIVORCE 1. Plainti!fi. Donna F. Nye, an adult individual currently residing at 415 Enola Road, Newburg, Cumberland County, Pennsylvania. M.. Nye has lived at this residence for approximately 13 years, 2. Defendant i. Wayne X. Nye, an adult individual currently residing at 415 Enola Road, Newburg, Cumberland County, pennsylvania. Mr, Nye has lived at this residence for epproximately 13 years. 3, Plaintiff is a bona fide resident of the COlllllonwealth of pennsylvania and has been so for at lea.t six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 1, 1981, in Cumberland County, Pennsylvania, 5. There have been no prior actions for divorce or annulment between the parties. 6, The partie. are not active members of the Armed roree. of the United State. of America or its Allie.. 7. Plaintiff has been advi.ed of the availability of counseling and the right to request that the court require the parti.s to participate in counseling. lU\owin9 this, Plaintiff do.. not destre that the Court require the parties to partioipat. in coun.eling. , . 8. plaintiff and Defendant are citizen. of the united stat.. of America. 9. The partie.' aarriaqe i. irretrievably broken. 10. plaintiff deaire. a divorce and it i. believed that Defendant will after ninety (90) day. from the date of the filinq of thi. Complaint con.ent to thi. divorce. WHEREFORE, Plaintiff reque.t. your Honoreble Court to enter a Decree in Divorce under Section 3301(C) of the Divorce Code of 1980, a. amended, COUNT II 11, paragraph. 1 through 10 are incorporated herein by reference ae if .et forth in their full text, 12. The partie. have lived .eparate and apart .ince the su..er of 1991, WHEREFORE, plaintiff requests your Honorable Court to enter a Decree in Divorce under Section 3301(d) of the Divorce Code of 1980, a. amended, COUNT II I 13. Paragraph. 1 through 12 are incorporated herein by reference a. if .et forth in their full text. 14. plaintiff and Defendant are joint ownen of certain real e.tate located at 415 Enola Road, Newburg, Cu.berland County, Penn.ylvania, 15. Plaintiff and Defendant are joint ownen of variou. ite.. of per.onal property, furniture, and hou.ehold furni.hinqa acquired during their marriage which are .ubject to equitable di.tribution. , " 16. Plaintiff and Defendant have incurred debts and obligation. during their marriage which are .ubject to equitable cU.tribution. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide their marital property and equitably apportion their debt., COUNT IV 17, Paragraph. 1 through 16 are incorporatad herein by reference a. if .et forth in their full text, 18, Plaintiff 11 unable to provide for or afford her coun.el fee., expen.e., and cost. during the pendency of thill divorce action and through it. re.olution, 19. Plaintiff i. without .ufficient property and otherwi.e unable to financially support her.elf, 20. Defendant 11 pre.ently employed and receiving a .ubstantial incollle and benefit. and 11 able to pay for coun.el fee., expense., and co.t. a. well as alilllony and alilllony pendente lite for Plaintiff, WHEREFORE, Plaintiff reque.t. your Honorable Court to enter an Order requiring Defendant to pay Plaintiff'. coun.el fe.., expen..., and co.t. a. well a. providing for payment of appropriate alilllony and alimony pendente lite to Plaintiff. re - a= - ~ .... 0:) >-~ ~... .Y "f.~; ;.,.... C.;i~U:z ;:. ';;),": ~~. ..~ '. -..t..;,;.. , .~ 'J~ ,', '.'.-OJ , -1,).;.e1 II' I~{ t.. ~l~' ;;'l'-).. '" O.C\ \.. ~ ,.... JJ :,.. C;f" "" .. \,)'" r-J__'/~ ;;0..." ~<>c:>... ;;:('~~n ~,~,." ~f'" ....". ..' - fIt ;: ~. , , o .. l .' . DONNA P. NYE, : IN THE COURT or COMMON PLEAS or Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA . . v.. I CIVIL ACTION - LAW . NO. 94-6297 CIVIL TERM . WAYNE 1(. NYE, . . Def.ndant I IN DIVORCE U.IDAVJ:'1' or CO...1I'r 1. A Complaint in Divorce und.r S.ction 3301(c) of the Divorce Code was filed on November 3, 1994. 2. The mArriage of Plaintiff and Defendant i. irretrieVably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I con.ent to the .ntry of a final Decree of Divorc. after service of notice of intention to request entry of the d.cr.... 4. I have been advi.ed of the availability of marriage coun.eling, that I may requ.st that the Court require that my spou.. and I participate in counseling, and that the Court maintains a list of marrJ,age counselor. in the Prothonotary'. Offic., which list is available to me upon reque.t. Being .0 advi..d, I d.cline to request that the Court require that my .pou.. and I participate in coun.eling. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFPIDAVIT 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: 3JIl/1j ~ . " " , .,. r.n r,. 0 I ('~ _./ .t.: ~~ )....J ..- JO" ,J_ ':'- mt "...J " 'r"') ,-.,. " [tl, ('< '!L:J r , .. '.;.. .... ~ L.!.. <":l ~':j Q 0' '-..) .' . , .. . I .. . DONNA r. NYE, IN THE COURT OP COMMON PLDS or Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . , vs. CIVIL ACTION - LAW I NO. 94-6297 CIVIL TERM WAYNI 1(, NYI, . . Defendant I IN DIVORCE ax... O. m'l'IC. O. IftRll'l'IO. 'l'O DOna" .nay O. .. Dlvoae. Dac... DJID.a ..CIfIO. 3301 fet 01' 'l'IIR DJ:VOac. COD. 1. I consent to the entry of a final decree in 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 the. 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 .e i..ediately after it is filed with the Prothonotary. I verify that the state.ents made in this affidavit are true and correct. I understand that fal.e state.ents herein are made subject to the penalties of lS Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATII-::J../r3/'1 , /, ,', ;', " 'i~~ C.J " - ,,- f:.,' ~. ~I'" (.; .!..-( I . ~' , .,.... I.... ." 'I- '..~ ~r' '~i ...:.:. I ~ , . \'- (]' - . rl1 \.ll(, - ,-" f;-l' i.':'", ,of.!} -~ ,\.. ' :'t"~ f~' .cf: I' ~. 0... .' <" .1 c..:, V , W '.1: .' -.. . . ., . ..... . " DONNA r. NYE, Plaintiff IN THE COURT OF COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-6297 CIVIL TERM IN DIVORCE v. WAYNE 1(. NYE, Defendant AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER A3301(c) OF THE DIVORCE CODE COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code with Notice of Availability of Counseling was filed on November 3, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I con.ent to the entry of a Final Decree of Divorce without notice. 4. I undaratand that I may loae rights concerning alimony, diviaion of property, lawyer'. fee. or expense. if I do not claim the. before a divorce is granted. WAYNI F. SHAD! A-,. u. l:l___ ~. -.,.... 17011 WAYMa P. 8HADI! "*'"" . .... !Jw___ ~. -'''''' 1191) ..., .. . -. . 5. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Deere. will be sent to me immediately after it is filed with the Prothonotary. 6. I have been advised of the availability of marriage counseling and of my right to counseling and understand that I may request that the Court require that my spouse and I participate in counseling, 7. I understand that the Court maintaine a list of marriage counselore in the Domestic Relations Office, which list is available to me upon request. 8. Being so advised, I do not request that the Court require that my spouse and I participate in couneeling prior to a Divorce Dacree's being handed down by the Court. 9. I verify that the statements made in this Affidavit are true and correct. I understand that falee statements herein are .ade subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date I June 19, 1996 ~t~~~/ W.yn. . . . _ .' I 1, ',; I~ en ~ M ~ S !!.) :.',;5 r,; ~ '.J....=- $ 'r-' 'f,l c - :,' ,., ~ C'\j .., .iI .'4 ~! ' -. >~lfe &'- ~: ..I I a ~ ~ I,i' . .. . . .. . . .' ~ 4PN - 5 /995 ,J;;,.., DONNA ,. Nr., PlaintUt , IN 'IN. COUR'l 0' COHHON PLUS 0' ,CUHURLAND COUN'1lf, P.NNSlfLVANIA , 'NO. 6297 - CIVIL - 1994 , , ,CIVIL ACTION - CUS'J'ODr v "ArN. IC. NlfB, Detendant COUR~ 0RLlIlR AND NO", this r1tl day ot A q-< J l./ , 1995, upon consideraUon ot the attached CUitody Conc liation Report, it is ordered and directsd as tollows, 1. 'lhe Hother, Donna F. Nye, and the Father, "ayne IC. Nye, shall enjoy shared legal custody ot Byron ICenneth Nye, born February 28, 1986, and Selina Rose Nye, born September 24, 1990. 2. Physical custody shall be alternated on a week to week basis with the parties exchanging custody on Friday evening at 6 P.H. and the custodial parent delivering the minor children to the non-custodial parent. 3. 'lhe non-custodial parent shall always enjoy temporary custody on "ednesday evening ot each week trom when the children get out ot school until 8 P.H. That parent shall handle the transportation tor exchange ot custody. 4. Bach parent shall be able to modity the weekly schedule in the summer to accommodate that parent's vacation plans, subject to the requirement ot giving the other parent at least thirty (30) days notice. 5. Christmas, the children's birthdays and other major holidays shall be handled between the parties in such a tashion as to have a sharing ot time with the children on those days or an alternating schedule on those days, as may be agreed betwwen the parties and as may accommodate the Father's work schedule. 6. The Father shall always have custody ot the minor children on 'ather's Day and the Hother shall always have custody on Hother's Day. The time period shall be Irom 9 A.H. until 8 P.H., and this provision shall supers.de any other provision 01 this Order. , ... I.!.. '. , , ;! 7. rhis Order is sntered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the evsnt either party dedres to modify this Order, that party may petition the Court to have this case again scheduled with the Custody Conciliator. BY THE COURT, II (I. LO'~ F-'. (/I.. , / ;r./aJe Harold E. $~~J. cc. Bradley L. Griffie, Esquire <!"'\f-.t.... ~ ",.,tu', W.yne 1'. Shade, Esquire - .A.f. ... " v 'IN '1NB COUR'I OF COIOION PLUS 01' ,CUHBERLAND COUN'Ir, PENNsrLVANIA , 'NO. 6297 - CIVIL - 1994 , , 'CIVIL AC'IION - CUS'l'ODf DONNA ,.. NrE, PldntJ.U "ArNE IC. NrB, Defendant PRIOR JUDOB, JUDOB HAROLD E. SHflELf, P.J. COBClLIA'l'IC>>l COBJ'IlRENCI: SV>>ARr REPOR'l' IN ACCORDANCB "l'lH CUHBBRLAND COUN'Ir CIVIL RULB OF PROCEDUU 19J5.3-8(b), the under.igned Cu.tody Conciliator .ubmit. the following report' 1. '1he pertinent information pertaining to the children who are the .ubject of thi. litigation i. a. follow., Byron ICenneth Nye, born February 28, 1986, and Selina Ro.e Nye, born September 24, 1990. 2. A Conciliation Conference wa. held on March 30, 1995, with the lollowing individual. in attendancel 'l'he Father, "ayne IC. Nye, with hi. coun.el, Wayne P. Shade, B.quire, and the Mother, Donna F. Ny., with her coun.el, Bradley L. Grillie, E.quire. 3. '1he partie. agreed to the entry f)l an Order in the lorm a. attached. ~ re DONNA P. NYE, plaintiff IN THE COURT OF COMMON PLEAS OP CUMBERLAND COUNTY, PENNSYLVANIA V. WAYNE 1(. NYE, CIVIL ACTION - LAW Defendant NO. 94-6297 CIVIL TERM IN RE: EMERGENCY HEARING ORDER OF COURT AND NOW, this 31st day of January, 1995, the Court .et an emergency hearing on the petition by the father, and this concerns the two children of the marriage; namely, Byron I(enneth Nye, born February 2S, 1986; and selina Rose Nye, born September 24, 1990. The partie. are husband and wife. They separated on January 21st, 1995, and this petition was filed by the Defendant, Wayne 1(. Nye, on January 23rd, 1995. What brought about this hearing today was Paragraph 27 of the petition which state. as follows: "plaintiff's un.table mental health and th. need. of the.e young children for stability during this difficult time demand that Defendant be awarded temporary custody of the children on an emergency basis pending the outcome of these proceedings." Based on that allegation I naturally was concerned a. to whether or not the Plaintiff, Donna r. Nye, having cu.tody of the.e children would put the children at risk either phy.ically or m.ntally in her custody. # , " " Today at the hearing the Court heard the te.timony of Dr. Harvey Shapiro who is a psychiatriet and has been treating Mrs. Nye since approximately 19S4. It was his t..timony and opinion that tha children were not in danger while they were residing with Mrs. Nye at this time. I am eati.fied to accept that tsstimony, an4, therefore, the petition for emergency relief at this ti.e is denie4. Should Mre. Nye become hoepitalized in the future, then I would con.ider another petition by Mr. Nye at that time to change the preeent custody arrangements. The parties have been able to work out at this time a temporary custody arrangement until this case can be further heard by the custody conciliator, and hopefully that arrange.ant will continue to be satisfactory. By the Court, " , Bradley L. Griffie, Esquir~ For the Plaintiff '- ~Ql't'''''''''''''''''A ""(J.I"~, ...:bf', Wayne F. Shade, Esquire , ' For the Defendant - l:.-~ "t""~ f'-.....".J.:..l:} :J../3( 'IS .A i'. :1th I' I : ~. " l 'r fEu 2 /j I,:/. .j':j '95 , I, I, .1. 'I ", I' " " I! ,I . . , , .? ~J i i ~'-j " ,.!"L,' Ii' ji.; , :Jj ~ ! . I ' II' iT' cj A/ ,I i' , I, ' f 1,' ,/! .Jj}., (r " OM ~I I: I '" - II B I ! ! ~l) .. 15" ~ IE IW ~ is IW .~ ! I! I ! !~ .'~ ~ ~~ ~~ t~~ ,~ i III IW ,.-4 . ~8 ~ oCl l&.lloo > ~ .n~ ~ ~ iMO\H ~ . s:.1:I :II Hilll M U H :I ;;;1 WAYNE F, SHADE AllomllY lit Law H Wnt Pucntnllhrv,' ('jull~". P1:nnllyhlt&llilt 110n DONNA F. NYE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO, 94-6297 CIVIL TERM WAYNE K. NY!, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of January, 1995, upon consideration of the within Counterclaim and the allegations of the necessity for emergency relief, a hearing is scheduled for , January , 1995, at o'clock ,M" in Courtroom No. of the Cumberland County Courthouse, carlisle, Pennsylvania 17013, By the Court, J, " '~.- " DONNA F, NYE, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 94-6297 CIVIL TERM WA'1'NE 1<, NYE, Defendant 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 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 at 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 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. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone: (717) 240-6200 wa~~rL.t; Attorney for Defendant WAYNE F. SHAve A-." It Law .U W,.. ""'m !&tJftt ('II'lWI,~,~.1a HUll DONNA F. N'iE, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTV, PENNSVLVANIA CIVIL ACTION - LAW v. NO. 94-6297 CIVIL TERM WAVNE 1<' NYE, Defendant IN DIVORCE ANSWER WITH COUNTERCLAIM ANSWER COUNT I 1, - 9, Admitted. 10, The averments of paragraph 10 of the complaint are denied. On the contrary, Defendant avers that plaintiff will consent to a divorce only upon satisfactory resolution of all marital issues including, without limitation, child support and custody. WHEREFORE, Defendant prays that your Honorable Court enter a Decree in Divorce from the bonds of matrimony upon resolution of all of the other marital issues and execution and filing of the appropriate consents to divorce. COUNT 11 11. Defendant's answers to the allegations of Paragraphs 1 through 10 above inclusive are incorporated herein by reference as though fully set forth, 12, The averments of Paragraph 12 of the complaint are denied. WAYNE F, SHAll! On the .contrary, as Plaintiff avers in paragraphs 1 and 2 of the AItunM:)l allA. n w... Pumlrtl ~tff., I (',r""". hMJ)llVltnr.. 17011 complaint, the parties were still residing together as of the date of Plaintiff's verification of the Complaint on November 1, 1994. WHEREFORE, Defendant prays that your Honorable Court dismiss Count rI of the Complaint and enter judgment in favor of Defendant and against Plaintiff. COUNT III 13. Defendant's answers to the allegations of Paragrapns 1 through 12 above inclusive are incorporated herein by reference as though fully set forth, 14. - 16. Admitted. WHEREFORE, Defendant requests that your Honorable Court equitably divide all marital property in conjunction with issuance of a Decree in Divorce. COUNT IV 17, Defendant's answers to the allegations of Paragraphs 1 through 16 above inclusive are incorporated herein by reference as though fully set forth, 18. The averments of Paragraph 18 of the Complaint are denied, On the contrary, Defendant avers that Plaintiff is employed and . able to provide for her expenses during the pendency of this WAYNE F, SHAllE A""""" uw .u w.", Pmlt'.... !&tn_I (.~.rU.lu, r.nn.)lt\l1IUA 110U -2- litigation and that she will have ample resources from resolution of her claims in equitable distribution to pay her counsel fees. 19, The averments of Paragraph 19 of the complaint are denied. On the contrary, Defendant avers that Plaintiff is amply able to support herself from her earnings. 20, The averments of Paragraph 20 of the Complaint are admitted in part ~nd denied in part, It is denied that Defendant is able to pay for counsel fees, expenses and costs as well as alimony and alimony pendente lite for Plaintiff. On the contrary, Defendant avers that his responsibilities to the marital real estate and the support of his children exhaust his income. WHEREFORE, Defendant prays that your Honorable Court dismiss Count IV of the Complaint and enter judgment in favor of Defendant and against Plaintiff. COUNTERCLAIM 21. The averments of Paragraphs 1 through 9 of the Complaint are incorporated herein by reference as though fully set forth. 22, There have been two children born of the marriage, namely, Byron Kenneth Nye, born February 28, 1986; and Selina Rose Nye, born September 24, 1990. WAYNE F. SHADE A.....y It LAw " Wul "'Wftl SInd (~.,Ull". h""'YN""ilt )JIIIl -)- 23, plaintiff has serious and ongoing mental health problems which have required her periodic and recent hoopitalization. 24. When plaintiff has been hospitalized, Defendant has been required to provide the sole care of the children within the marital dwelling. 25, On or about January 21, 1995, Plaintiff removed herself from the marital dwelling and took up residence in Shippensburg, taking the children with her, 26, Defendant remains in the marital dwelling which is the only home that the children of the parties have ever really known. 27. Plaintiff's unstable mental health and the needs of the these young children for stability during this difficult time demand that Defendant be awarded temporary custody of the children on an emergency basis pending the outcome of these proceedings, 28, Defendant has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the children in this or any other Court, WAYNE F, SHAOP. AllUmcly IJLJiW 'J w... P\lmml Sir,,,' ('.rlllllr. Pf"""yl\/,,nill 11011 -4- 29, Defendant has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 30, Defendant does not know of a person not a party to these proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 31. The best interests and general welfare of the children will be served by granting the relief requested for the reason that Defendant has shown the most continuing concern for the welfare of the children and continues to reside in the marital home, 32, Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action, There are no othe~ persons known to Defendant to claim custody or visitation rights to the children, WHEREFORE, Defendant requests a grant of confirmation of primary physical custody with respect to the children and emergency temporary custody in the meantime. #~~~. Wayn F. Shade Attorney for Defendant WAYN! F. SHAn! AIIiorIIr)I It law n w. ....,ft, !knrt (....11..., "NlJ~lVanla 1701\ -5- I verify that the statements made in this pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904, relating to unsworn falsification to authorities. Date: January 23, 1995 #- .4~"-' .,.,~ 1~, Wayne K.. ye < WAY~ F. SMADI A_ .. LN JJ w.. ...".. ........ ('"u,... ......"".... 1101)