Divorce - Wright, Nancy_9/30/1988� : . ,.
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STATE OF INDIANA
SS:
COlit.TY OF GIBSON
I?�' RE: THE MF.RRIAGE OF
I�ArCY SUE �dRIGHT
and
DONAI,D LEE WRIGHT
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IN THE GIBSON CIRCUIT COURT
1985 TERt�1
CAUSE`h0. C-84-�OZ
ORDER ON DISSOLUTION OF t�1ARRIAGE
Comes now the Petitioner herein, Nancy Sue Wright, in person
and by her attorney Carl M. Gray, and comes also the Respondent,
Donald Lee Wright, in person and by his attorney, Charles R.
Nixon, for final hearing and it appearing to the Court that the
P.espondent was duly served with process, which Summons was made
returnable within twenty (20) days all as appears by the Summons
and Return thereon by the Clerk of the Gibson Circuit Court,
whicn Summons and Return are in the words and fiaures as follows,
�o-H•it: (!?. I. )
knd now the Respondent files his Counter-Petition herein.
F.nd now the Petitioner moves 'to dismiss her Petition which
is granten.
And it further appearing to the Court that more than sixty
(60) day= have elapsed since the issuance of the Surnmons which
;azs duly served upon the Respondent and since the filing of the
Petition herein; and now this cause being at issue the same is
si::.nmit�ed to the Court for trial and findings without the
ir.tervention of a jury.
P�d now the Court having heard the evidence in said cause
and beina duly advised in the premises finds as follows:
1. That the Court has jurisdiction over the parties hereto
and of the subject matter hereof.
2. Tha� the alleaations of the Counter-Petition for
Dissolution of r;arriaae are true and that there has been an
irretrievable breaY.down of the said marriage and that the Court
should enter a judgment dissolving the marriage of Nancy Sue
tdrignt and Donald Lee [4right.
3. Th�L it12 F'io'Z-..1e5 nerein W'2T2 CIUly rr�arried OTl AJil! 1$�
1961, and separated on or about M�rch 11, 1°S5, and have not
lived'or co�abited tocether since that date.
4. Tna_ the Counte_-Petitioner is now and was on April 19,
1985, 'he d�te of filing of the Petition herein, and was for more
than `:ree (3) month_= prior to.saia date a continuo�s and bona
iide N;ident o_` G`.`�son Cour.t}' in the State of Indiana, and a
con't_;�uous and bc:�a iide resident in the State of Indiana, for
more than six (6) mo��hs prior to szid date and that he is
entitled te a decree dissolving the marriage on the grounds
alleged in the Coun�er-Petition, being an irretrievable breaf:down
of the mzrriage.
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'S. The Cou:� _`urther finds�tiiat no children wcre bc.;rr. ..�: ��
the `ruits of the marriage and the Petitiortn- is not pregn�,nt.
6. The Court _`urther finds that the Property 5ettlement
Aareement entered into by and between the parties herein ciated
the 9th day of April, 1985, and submitted to the Court for the
Court's consideration and approval and admitted into evidence i.n
this cause was ente_ed into fairly, without fraud, dures� oi'
undue influence and without collusion of the parties and
contained equitable provisions and should be approved,
incorporated and merged into the decree herein and the parties
ordered to oerform tne same which said Property Settlement
Agreement is herein set out in full, to-wit:
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PROPERTY SETTLEMENT AGREEt•fENT �
THZS AGREEN,ENT, made and entered into this 9th day of
April, 1965, by and between NANCY SUE WRIGHT, hereinafter
` referred to as "Wife" and DONALD LEE idRZGHT, hereinafter referred
, to as "Husband",
h'ITNESSETH AS FOLL04;5:
WHEREAS, the parties hereto are.HUSband and Wife; and,
iJHEREAS, no children were born as the fruits of the marriage
of the parties hereto and the Wife is not pregnant; and,
S�'HEREAS, certain disputes, controversies and strifes have
arisen between Husband and Wife as a result of which they
separated on or about the llth da}� of Dlarch, 1984, and,
Fti'iiEREAS, certain property was acquired prior to and during
the marriage of the parties herein; and,
SdHEREAS, there is now pending in the Gibson Circuit Court,
Gibson County, Indiana, an actiori for dissolution of marriage
entitle "In Re: The r;arriage of rANCY SUE WRIGHT and DOi�ALD LEE
WRIGHT" and docketed under Cause Number C-84-202 on the records
of said Court; and,
T4HEREAS, said parties hereto desire to settle and adjust
be��;een tnemselves their property rights and certain other rights
incidental to the subject matter of the proceedings in the event
a dissolution decree is entered in said proceedings.
NOh', THEREFORE, for and in consideration of the mutual
cove:,ants, promises and agreements herein contained to be kept
anc performed by each of the oarties hereto it is agreed as
�ollow_=:
1. Tnis Agreement sna11 in no way be construed or
considered as an agreement between the parties to � tain a
dissolution of their marriage but the same is to ..a considered
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strictly as an agreement settling their rights respectir,g
prooerty and other matters incidental to a dissolution o,`. a
mar:iage, each oi the parties representing that this agreement is
thF free, voluntary act and deed of each of the parties hereto
and the same is entered into fairly, without fraud, duress, or
undue influence of any person or persons whomsoever.
2. This Agreement shall be binding upon the parties and
their respective heirs, successors, legal representatives, and
assigns immediately following the entering of a dissolution
decree in the proceedings for dissolution of the marriage
instituted as aforesaid, provided that the provisions in this
Agreement are approved by the Court in which said proceedinas are
pending. In the absence of the granting of a decree of
dissolution or the approval of this Agreement by the Court, the
provisions of this Agreement shall be of no force or effect
whatsoever.
3. In full settlement of a11 propert}� riahts and
controversies, the parties hereto agree to the follo�.�ing division
oi their property and to the following terms and provisions
related thereto:
A. The t•;ife shall be the owner of the following
described real estate located in Gibson County,
Indiana, which she owned orior to the marriage, to-wit:
Lot rumber Four (4) in Downey Coleman
Addi'tion to the town o� Oakland City,
Indiana.
The H'_Fe shall take the above described real
estare subject to any ann all mortcages or other
inoebtedness against the same including all real estate
taxes, delinauent or otherwise, and A'ife agrees to pay
the bala;?ce dLe under any such mortgage or other
indebtedness pro:r�ptly and as the same become due and to
hold `.he Husbanc free, clear and harmless of and from
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any and a:] lir,}?ility or obligation thcr�,on, ii�cludina
reasonablc �ttorneys' fees.
B. The idife shall also be the owner of the fo]lowing
nersonal prooerty:
(1) 1980 1.t�;C Sprint
(2) Furniture.located in the home in Oakland
City, Indiana, which house is located on the
real estate described in Sub-paragraph A
above.
(3) Ldife's purely personal effects such as
clothing, cosmetics and jewelry located in
the Husband's house in Princeton, Zndiana,
and �dheeling, Indiana.
(4) Victrola
(5) Butcher's block
(6) Iron Kettle
(7) Oak table and chairs
(8) Oak ice box
(9) Oak china cabinet
(10) Blue rocker
(11) Corner what-not shelf
(12) Small end table in wine bedroom
husband agrees to deliver or cause to be delivered
to Wife's residence in Oakland City, Indiana, the items
identified i'n Numbers 4 through 12, above.
C. The Husband agrees either to continue the
present medical insurance coverage on the Wife or to
obtain and maintain comp�rable coveraae for a total
period of one (1) year from the nate of the decree
dissol�-inc the marriage oi the parties provided the
P�i�e remains insurable under the present policy or
comaarable policy.
D. Tne Husband also �crees either to continue the
present automobile insurance coverage on the i4ife's
19E0 I�,�iC Sprint or to obtain and maincain a policy
providing comparable coveraae for a total period o` one
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(i) year irorn the date of the decree dissolving the
!;,�:riaae of the parties, provided the wife remair.s
i�surable under the present policy qr comparable
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E. The Husband shall be the absolute owner of the
following described real estate located in Gitison
County, Indiana, to-wit:
{•;HEELING PROPERTY; Lots numbered �aenty-one (21) and
Thirty-seven (37) in i:irksville, Gibson County, Indiana.
Subject to all easements, leases and other restrictions
of record.
Ur�ION PROPERTY: A South middle.part of the South Half
of Section 32, Township 1 horth, Range 9 West, and the
North middle oart of the North Half of Section.5,
Township i South, Ranae 9 h'est, in or near the Town of
linion, Clay Township, Pike County, Indiana, and further
ciescribed as £ollows: Begin at a point on the Baseline
(common line between Section 32 and Section 5), 90.00
feet west of the Southeast Corner of the Sou'thwest
Quarter of said Section 32, thence bear West along the
said baseline 189.00 feet; thence North 341.00 feet;
thence East 229.00 feet to a point in the East line of
said Quarter Section, also being 341.00 feet North of
the Southeast corner of said Quarter Section; thence
East 200.00 feet; thence South 406.00 feet; thence F;est
178.00 ieet; tnence North 16.50 feet; thence in a
Northwesterly direction a distance oi 69.50 feet;
thence North 37.00 feet to the ooint of beoinning and
containing 3.690 acres, 3.358 acres of Nhich is in
Section 32 end 0.332 acres of which is in Section 5.
The abo�>e tract is subject to a right-of-way for State
Road 65 off oi the South edge of the above tract
varyina in wicth from 0. to 30. £eet and which
riaht-of-way"amounts to about 0.140 acres.
FRIidCETON PROPERTY: A part of Lot Number 199 in the
Original Plan of the Town, now Cit��, of Princeton,
describec as follows:
Becin at the southwest corner of said Lot; and run
thence east, 84.5 feet; thence north 73.5 feet; thence
west, 84.5 feet; thence south, 73.5 feet to the place
o� beainning.
Subject to all legal right-of-ways and/or easements.
O?�KLAND CIT]' TA��ERn: A part of Lot Number 14 in Block
ivu�-nber 5 in Fair Park Addition to the town oi Oa}:land
Ci�y, ind�a:�a, described as SOIIOWS: BeCli7711?':�; dt an
iron at the southeast corner o` said lot, ano run
thence west ziona the soutn line thereo= 51.2 feet to
ar. iron in the south riaht-o`-wa�= line o_` Indianz State
?;iahwa}- r54; thence in z north�asterly di-ectior. alona
saifi so�th rioht-of-wzy line ��./6 feet to an iron in
the east line of said lot; th �ce south alonc said east
line 32.1 `eet to the piace becinning.
FLSO, Lot ?�umber 15 in Block Number 5 i:� Fair Park
A3dition to tne town of Oakland Cit��, Indiana,
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• excepting therefrom the.portion occu�ied by Indiana
State Highcoay 64;
ALSO, Lots I:w-nbered 9, 16, 17, and 18 in Block 5 in
� Fair Park Addition to the town of Oakland City,
Indiana.
together with ^a11 incidents of o;anership thereof
including any business connected therewith or.conducted
tnereon.
The Husband sha11 take the above described real
estate subject to an}� and all mortgages or other
indebtedness against the same, including a11 real
estate tahes, delinquent or otherwise, and sha11 hold
the Wife free, clear and harmless of and from any and
all liability or obligation thereon, including
reasonable attorneys' fees.
F• The Husband shall also be the owner of his
penny collection, gold bracelet, all automobiles and
�otor vehicles eacept the 1980 Ai�IC Sprint herein agreed
to be the Wife's, his businesses, his guns, a11 lac,�
ar�d garden equip;:�ent, all power and hand tools, and all
other property oi whatever nature not herein agreed *o
be the property of the tdife. Husband shall take the
property described in this Sub-Paragraph F subject to
a11 indebtedness against the same, including an account
in the name of the idife at Sears, Roebuck and Co.,
Evansville, Indiana, in the approximate sum of $650.00,
and sha11 hold the Wife iree, clear and har-mless of and
fr�� any and all liability or obligation thereon, including
reasonable attorne}�s' fees,
The i,�ife claims that she does not know where the
Husband's gold bracelet is, however, she agrees to use
her oes� e`forts to locate the sane and if located the
ldiie shall i„-nediately deliver the sane to the Husband.
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G• 1he parties a�ree to divide equally the State
and �ederal Inco«e Tax =e�und, '�
i� ��}', �or the 1984 tax
}'ear. The parties further agree to file the income tax
returns; e_ther jointl, or se a:ately, c;hichever method
results in *_he pay:,,ent o� thepleas� amount of
t2>;es and
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obtaining the gr�tes� rc`und. Husb�nd shal'��a}' for
the oreparation of the returns.
H. Each party shall be the owner of all insurance I
policies insuring his or her life together M•ith all
incidents of ownership thereof and the right to
designate the beneficiary thereof.
I. Each o£ the parties shall be the owner of
their respective clothing, jewelry and purel}� personal
effects owned by each party at this time.
J. Each of the oarties hereto aaree to e>;ecute
any and all deeds, titles, papers and other documents
as ma}• be necessary or required to carry out the terms
and intent oi this Aareement and the Order to be
entered hereon.
K. Ecch of the parties hereto further agree that
in the ever.t a dissolution decree is enterec and this
Agreement aaproved by the Court hacing jurisciction
over the dissolution proceedings that the agreements
and D-omises contained thereon shall be considered an
order of the Court ordering eacn party to perform each
and every one of the covenants, promises, and
agreements herein contained and that all agreements
herein contained to be kept and performed by each of
the parties hereto may in addition to all other
remedies be enforced by contempt or tne parties ma}�
oursue an}� other remedies, leaal or eauitable, to
enfcrce tne Order of the Court and this Acreement.
L. THE PARTZES AChNOSti'LEDGE THAT ORAL
REPR: SENTF:TIOidS AND P�O\%ISIONS NOT REDliCED t^O S�'RITII�G
.'e2�J/OR CO.�TAI?3�D HEREIN ARE NOT BINDSNG OR ENFORCEABLE
AtiD Ti-':E P:RTIES FURTiiER RE??2cSEtiT THAT TH ;RE ARE I�O
SUCti OTHEx REPRESEt.TATIO?d5 OR PROh;ISES NOT COt.TAINc� Ite
THIS AGRtE��iENT, THAT THIS AGREEPiENT COVERS ALL DE' .�,
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PRC?ERTY A?dD OTi.��n' MATTERS IN CO?i1�ECTION 1vi1�Ti?i
u?SSO�UTION OF THEIR MARRIAGE AND THkT 1�0 1•J�'I'TERS kRE
O;•i i TTED . I
Iie idITi:ESS L�'FjEREOF,
the parties hereto have er:ecutc-_d this
Property Settlement Agreement on the day and year first above
written.
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NAN���UE rRIGHT ������ �
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STATE OF INDIANA )
PIKE ) SS:
COi.iNTY OF �',��� )
Before me, a No�ary Public in and for said County and State,
oe:sonally appeared ?�AIdCY SUE S•:RIGHT who acxnowledged the
execution oi the foreaoing PROPERTY SETTLEFiENT AGP.EEMEIvT, and
who, having veen duly sworn, stated that any representations
therein contained are true.
4iITNESS my hand and Notarial Seal this 11 da}� of April,
]985.
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Geor�la Coler,ian-NOTARY PUBLIC
A Resident of �jv�� Countv
?'y Commission Eapires: Pike
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STATE OF I?�'DIAi�A )
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COUNTY' Or GIBSON )
B2`OZA T12� 3 NO�dr�� PLtJ11C li1 d71Q iOT Sd1C County dT1C $td�2�
personally aapeared DOPiALD LEE LdRIGHT who acknowledaed the
exec�tion of the foreaoing PROPERT] SETTLEhiENT AGREE�1EnT, and
who, ha��ing veen cLiy sworn, stated that any representations
th2�ein contained are true.
WITivESS :r�y hane and ?��o�arial Seal this 9�h day of fiaril,
i°E5.
P;}� Conrission Exp_=es:
t,,PRCH 3, 1989
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i/�=z :�._- -�:_-„_i. (•� "r-�n%,��
h�arianne Svood=, NOT7.RY; PUBLIC
fi Resident o: Gibson Counti•
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10. The Court •rther finds that the costs ,�i-��:�� been paid.
� I1' IS, 'P}ILREFORE, ORDERED, ADJUDGED AWD DECREEU k�l the Court
that the marriage of nancy Sue h'right and Donald Lee t•;riaht be
and the same hereb} is dissolved and terminated and the parties
are hereby restored to the state of unmarried persons.
IT IS FURTHER'ORDERED, ADJUDGED AND DECREED by the Cc.�urt
that the Property Settlement F.greement dated Apri1 9, 1985, made
and entered into by and between the parties hereto and which'was
admitted into evidence and filed in this cause and the
modification thereof as set forth above be and the same hereby is
approved as to all things and as to each and every provision
contained therein and'the same is hereby incorporated and merged
into this Decree of this Court and made an order of this Court
and the oarties hereto are ordered to perform each and every
provision of said Agreement which said Agreement is attached
i���-neciatel}' above as oart of this Order.
SO ORDERED THZS DAY OF APRZL, 1985.
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JUDGE, GIBSOP CUIT COURT - �
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