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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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STATE OF
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nORIS J. NEGLEY,
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Plaintiff
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VERSUS
GARY C. NEGLEY,
.
Defendant
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PENNA.
No.
00-569 CIVIL TERM
DECREE IN
DIVORCE
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AND NOW,
JUNE jJ)
2000
, iT is ORDERED AND
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DECREED THAT
DORIS J. NEGLEY
, PLAINTiFF,
AND
GARY C. NEGLEY
, DEFENDANT,
.
ARE DiVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURiSDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHiCH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
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NONE.
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a. . J.
< ~~ROTHONOTARY
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HAROLD S. IRWIN, III
SUPREME COURT ID NO 29920
35 EAST HIGH STREET, SUITE 201/202
CARLISLE PA 17013
(717) 243.6090
DORIS .I. NEGLEY,
Plaintiff
= IN THE COURT OF COMMON PLEAS OF
= CUMBERLAND COUNTY, PENNSYLVANIA
v.
= CIVIL ACTION. LAW
= NO. 00 - 0569 CIVIL TERM
GARY C. NEGLEY,
.
.
Defendant
= IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
Please transmit the record, together with the following information, to the court for entry of a divorce
decree:
1. Ground for divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code,
2, Date and manner of service of the complaint: On or about February 5, 2000 defendant
was served by certified mail, restricted delivery, with a copy of the divorce complaint. See Affidavit of
Service filed by plaintiffs counsel.
3, Complete either paragraph (a) or (b):
(a) Date of execution of the affidavit of consent required by Section 3301 (c) of the
Divorce Code: By the plaintiff: May.22., 2000
By the defendant: May ~'Z/,2000
(b)(1) Date of execution of the affidavit required by Section 3301 (d) of the Divorce
Code: N/A ; and (2) Date of filing and service of the plaintiffs affidavit
upon the defendant: N/A
4. Related claims pending: None.
5. Complete either (a) or (b):
(a) Date and manner of service of the notice of intention to file praecipe to transmit
record, a copy of which is attached: N/A
(b) Date plainti1f.~ VVaiver of Notice in Section 3301 (c) Divorce was filed with the
Prothonotary: ~ 2000
Date defenda~er of Notice in Section 3301 (c) Divorce was filed with the
Prothonotary: _"'2.;-2000
.14--2-
~_, 2000
HAROLD S. IRWIN, I ,ESQU RE
Attorney for Plaintiff
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HAROLD S. IRWIN, III, ESQUIRE
ATTORNEY ID NO. 29920
35 EAST HIGH STREET
CARLISLE PA 17013
(717) 243-6090
ATTORNEY FOR PLAINTIFF
DORIS .J. NEGLEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION. LAW
: NO. 00. Sc.. <; CIVIL TERM
GARY C. NEGLEY,
:
Defendant
: IN 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 prompt action. You are warned that if you fail to
do so, the case may proceed without you and a decree in 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 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 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
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DORIS .J. NEGLEY,
Plaintiff
; IN THE COURT OF COMMON PLEAS OF
; CUMBERLAND COUNTY, PENNSYLVANIA
v.
; CIVIL ACTION. LAW
; NO. 00 - St. '1 CIVIL TERM
GARY C. NEGLEY,
Defendant
; IN DIVORCE
COMPLAINT IN DIVORCE UNDER SECTION
3301~ OF THE DIVORCE CODE
NOW, comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files
this complaint in divorce against the defendant, representing as follows:
1. The plaintiff is Doris J. Negley, an adult individual residing at 7 North high
Street, Newville, Cumberland County, Pennsylvania 17241.
2. The defendant is Gary C. Negley, an adult individual residing at 7 North
High Street, Newville, Cumberland County, Pennsylvania 17013.
3. The parties have been residents of the Commonwealth of Pennsylvania at
least six months prior to the filing of this action in divorce.
4. The plaintiff and the defendant were married on July 31, 1971, in
Shippensburg, Pennsylvania.
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5. Pursuant to the Divorce Code, Section 3301 (c), the plaintiff avers as the
grounds upon which this action is based that the marriage between the parties is
irretrievably broken.
6. The plaintiff avers that he has been advised of the availability of
counseling and that she has the right to request that the court require the parties to
participate in counseling.
WHEREFORE, the plaintiff demands judgment dissolving the marriage between
the two parties.
I verify that the facts contained herein are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904
relating to unsworn falsification to authorities.
February 1, 2000
})cndl ~ ~~/y
DORIS J. NE LEY, PI . tiff
HAROLD S. IRWIN, III
Attorney for Plaintiff
35 East High Street
Carlisle, Pennsylvania 17013
(717) 243-6090
Supreme Court ID No. 29920
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DORIS .J. NEGLEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: NO. 00 - 6'G, 9 CIVIL TERM
GARY C. NEGLEY,
Defendant
: IN DIVORCE
PLAINTIFF"S MARRIAGE COUNSELING AFFIDAVIT
The plaintiff, being duly sworn according to law, deposes and says:
1. I have been advised of the availability of marriage counseling and
understand that I may request that the court require that my spouse and I participate in
counseling.
2. I understand that the court maintains a list of marriage counselors in the
Prothonotary's Office, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse
and I participate in counseling prior to a divorce decree being handed down.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein made are subject to the penalties of 18 Pa.
C.S. Section 4904 relating to unsworn falsification to authorities.
February 1, 2000
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DORIS J. GLEY ain'
FlLED-vICFJCE
OF THe r'~CTJ'CNG7ARY
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: CIVIL ACTION. LAW
: NO. 00 . 0569 CIVIL TERM
GARY C. NEGLEY,
Defendant
: IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301 (c) of the Divorce Code was
filed in this matter on or about February 1, 2000 and served upon the defendant on or
about February 5, 2000.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety
days have elapsed from the date of the service of the complaint.
3. I consent to the entry of a final decree in divorce after service of notice of
intention to request entry of the divorce.
I verify that the statements made in this affidavit are true and correct.
understand that false statements herein made are subject to the penalties of 18 Pa. C.
S. Section 4904 relating to unsworn falsification to authorities.
May Zs:'2000
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DORIS J. NEG EY
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DORIS .J. NEGLEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: NO. 00 - 0569 CIVIL TERM
GARY C. NEGLEY,
Defendant
: IN DIVORCE
DEFENDANT"S AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301 (c) of the Divorce Code was
filed in this matter on or about February 1, 2000 and served upon defendant by certified
mail on February 5, 2000.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety
days have elapsed from the date of the service of the complaint.
3. I consent to the entry of a final decree in divorce after service of notice of
intention to request entry of the divorce.
I verify that the statements made in this affidavit are true and correct.
understand that false statements herein made are subject to the penalties of 18 Pa. C.
S. Section 4904 relating to unsworn falsification to authorities.
May 1.. z--; 2000
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GARY C. GLEY
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DORIS .I. NEGLEY,
Plaintiff
; IN THE COURT OF COMMON PLEAS OF
; CUMBERLAND COUNTY, PENNSYLVANIA
v.
; CIVIL ACTION - LAW
; NO. 00 - 0569 CIVIL TERM
GARY C. NEGLEY,
Defendant
; IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE
JJNDER SECTION 3301 lID OF T"HE DIVOR~E CODj;
,
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.
Section 4904 relating to unsworn falsification to authorities.
May 2.S, 2000
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DORIS J. NEGL Y
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DORIS ], NEGLEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION. LAW
: CUSTODYNISITATION
GARY C. NEGLEY
,
Defendant
: NO, 00-0569
CIVIL TERM
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER ~ 3301(c) OF THE DIVORCE CODE
I. 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! 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 unsworn falsification
to authorities.
....00
Date: ! - 2,..1--
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DORIS.J. NEGLEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: NO. 00 - 0569 CIVIL TERM
GARY C. NEGLEY,
Defendant
: IN DIVORCE
PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT
The Plaintiff, being duly sworn according to law, deposes and says:
1. I have been advised of the availability of marriage counseling and
understand that I may request that the court require that my spouse and I participate in
counseling.
2. I understand that the court maintains a list of marriage ,counselors in the
Prothonotary's Office, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse
and I participate in counseling prior to a divorce decree being handed down.
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. Section 4904
relating to unsworn falsification to authorities.
May ~OOO
:D~ ~ ~,P ~;
DORIS J. NE LEY
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DORIS d. NEGLEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: NO. 00 - 0569 CIVIL TERM
GARY C. NEGLEY,
Defendant
: IN DIVORCE
DEFENDANT"S MARRIAGE COUNSELING AFFIDAVIT
The defendant, being duly sworn according to law, deposes and says:
1. I have been advised of the availability of marriage counseling and
understand that I may request that the court require that my spouse and I participate in
counseling.
2.
I understand that the court maintains a list of marriage counselors in the
\
Prothonotary's Office, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse
and I participate in counseling prior to a divorce decree being handed down.
I verify that the statements made in this affidavit are true and correct.
understand that false statements herein made are subject to the penalties of 18 Pa.
C.S. Section 4904, relating to unsworn falsification to authorities.
May ~, 2000
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HAROLD S. IRWIN, III ESQ.
ATTORNEY ID NO. 82585
35 EAST HIGH STREET
CARLISLE PA 17013
(717) 243-6090
ATTORNEY FOR PLAINTIFF
DORIS J. NEGLEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION. LAW
: NO. 00 - 0569 CIVIL TERM
GARY C. NEGLEY,
Defendant
: IN DIVORCE
AFFIDAVIT OF SERVICE OF COMPLAINT
PURSUANT TO PA. R.C.P. RULE NO. 1920.4 C!ill1lill
NOW, Harold S. Irwin, III, Esquire, being duly sworn according to law, does
depose and state:
1. That he is a competent adult and attorney for the plaintiff in the above
captioned action in divorce.
2. That a certified copy of the complaint in divorce was served upon the
defendant on or about February 5, 2000, by certified mail "restricted delivery",
addressed to the defendant at 7 North High Street, Newville, PA 17241 (Certified Mail
Receipt No. Z 339 062 182).
3. That a copy of the sender's receipt and signed receipt for certified mail is
attached hereto.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.
S. Section 4904, relating to unsworn falsification t authorities.
Harold S. Irwi III
Attorney for pia
February 8, 2000
o Complete items 1 and/or 2 for additional servicli!s.
Complete items 3, 4a, and 4b.
o Print your name and address on the reveTS9 of this form so thai we can return fhis
card .10 you.
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HAROLD S. IRWIN, III, ESQUIRE
ATTORNEY ID NO. 29920
35 EAST HIGH STREET
CARLISLE PA 17013
(717) 243-6090
ATTORNEY FOR PLAINTIFF
DORIS J. NEGLEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION. LAW
: NO. 00. 5t.1 CIVIL TERM
GARY C. NEGLEY,
Defendant
: IN DIVORCE
ORDER OF COURT
AND NOW, this
'3" day of
r:JAYJ ' I
,
, 2000, upon presentation and
consideration of the attached stipulation and agreement and upon agreement of the
parties, it is hereby ordered and decreed that the attached agreement is made an Order
of Court.
BY THE COURT,
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CUMBErlAND COUNTY
PENNSYLVANIA
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DORIS J. NEGLEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: NO. 00. .s~{..", CIVIL TERM
GARY C. NEGLEY,
Defendant
: IN DIVORCE
STIPULATION AND AGREEMENT
THIS onpULA TION AND AGREEMENT enterod '''''' lh.~ day of ~f!!!~~ eI'
2000, by and between GARY C. NEGLEY (hereinafter referred to as "Father") and
DORIS J. NEGLEY (hereinafter referred to as "Mother").
NOW THIS AGREEMENT WITNESSETH THAT:
WHEREAS, the Father and Mother are the natural parents of one (1) minor child,
namely, Kevin L. Negley (born October 15, 1987); and
WHEREAS, the parties wish to enter into an agreement relative to the custody
and partial custody of the child.
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NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements as hereinafter set forth and intending to be legally bound, the parties
hereto agree as follows:
1. The parties shall have joint legal custody of the child.
2. The Mother shall have primary physical custody of the child, subject,
however, to the Father's rights of visitation and temporary physical custody at such
times as the parties may mutually agree, with the Mother agreeing not to unreasonably
withhold her consent to such reasonable, temporary physical custody.
3. The parties agree to cooperate fully to coordinate these temporary
physical custody times as well as to share holiday time and vacation time, and to
consider the schedule and other activities of the child.
4. The parties will keep each other advised immediately relative to any
emergencies concerning the child and shall further take any necessary steps to ensure
that the health, welfare and weUbeing.of the child is protected.
5. The parties shall do nothing that may estrange the child from the other
parent or injure the opinion of the child as to the other parent or which may hamper the
free and natural development of the child's love or affection for the other parent.
6. Any modification or waiver of any of the provisions of this agreement shall
be effective only if made in writing and only if executed with the same formality of this
agreement.
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7. The parties agree that in making this agreement there has been no fraud,
concealment, overreaching, coercion or other unfair dealing on the part of the other.
8. The parties desire that this agreement be made an order of Court through
the Court of Common Pleas of Cumberland County, and further acknowledge that the
Court of Common Pleas of Cumberland County has jurisdiction over the issue of
custody of the parties' minor child and shall retain such jurisdiction should
circumstances change and either party desire further or require further modification of
said Order.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the
terms hereof, set their hands and seals the day and year herein set forth.
i~~~
Date:3/3/ (X)
---H~ C r ~(SEAL)
GARY C. NEGLEY
Date: 3/Zf!{)()
U ' 8E~j
DO~. GLEY U)
(SEAL)
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COMMONWEALTH OF PENNSYLVANIA
:SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland
County, Pennsylvania, this M day of ~, 2000, GARY S. NEGLEY, known to
me (or satisfactorily proven) to be the person whose name is subscribed to the within
agreement, and acknowledge. that he executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Nowial Seal
Heather L. Smith, Notary Public
Carlisle Bora, Cumberland County
My Commission Expires Apr, 7, 2003
em er, Pennsylvan a ssoc a ion of Notaries
~x.~
Notary Public
COMMONWEALTH OF PENNSYLVANIA
:SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland
~~.
County, Pennsylvania, this ?{f 7" day of F: , 2000, DORIS J. NEGLEY, known to
me (or satisfactorily proven) to be the person whose name is subscribed to the within
agreement, and acknowledge that she executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.