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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
I x"T,
HOLLY A. LOY,
N 0. 99-3418
Plaintiff
VERSUS
STEPHEN E. LOY, JR.,
nefendant
DECREE IN
DIVORCE
a(e:gga.A'M.
AND NOW, IT IS ORDERED AND
DECREED THAT HOLLY A. LOY , PLAINTIFF,
AND
STEPHEN B. LOY, JR.
,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;
None: The attached Separation and Property Settlement Agreement between the
parties dated March 6, 2000, shall be incorporated but not merged into this
Decree in Divorce pursuant to the said Agreement.
BY THE
ATTEST'
J.
PROTHONOTARY
• ?' -s
,3 ?aa •DG `J?a?ee n? ? <? ????
M
/ l!, - MCI THIS AGREEMENT made this -L0 of 2000, by and
between STEPHEN B. LOY, JR., of 30 Garden Parkway, Carlisle, Cumberland County,
Pennsylvania (hereinafter referred to as "Husband"), and HOLLY A. LOY, of 1132 Celeste
Drive, Shippensburg, Cumberland County, Pennsylvania (hereinafter referred to as "Wife").
WITNESSETH:
WHEREAS, the parties hereto are Wife and Husband, having been married on July 4,
1997, in Cumberland County, Pennsylvania.
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between
the parties and it is the intention of Wife and Husband to live separate and apart, and the parties
hereto are desirous of settling their respective financial rights and obligations as between each
other, and to finally and for all time to settle and determine their respective property and other
rights growing out of their marital relation; and wish to enter into this separation and property
settlement Agreement;
WHEREAS, both and each of the parties hereto have been advised of their legal rights
and the implications of this Agreement and the legal consequences which may and will ensue
from the execution hereof,
WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly
conversant with and know accurately the size, degree, and extent of the estate and income of
Husband, and Husband acknowledges that he has had the opportunity to be conversant. with and
know accurately the size, degree and extent of the estate and income of Wife;
NOW THEREFORE, in consideration of the premises and of the mutual promises,
covenants and undertakings hereinafter set forth which arc hereby acknowledged by each of the
parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree
as follows:
L Advice o Counsel- The provisions of this Agreement and their legal effect have
been fully explained to the parties by their respective counsel, Joseph P. Ruane, Esquire, for
Wife and Bradley L. Griffic, Esquire for Husband. The parties acknowledge that they have
received independent legal advice from counsel of their selection and that they fully understand
the facts and have been fully informed as to their legal rights and obligations and they
acknowledge and accept that Ihis Agreement is, in the circumstances, 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 he result of any duress or undue influence
and that it is not the result of any collusion or improper or illegal agreement or agreements and
the parties hereto state that he or she, in the procurement and execution of this Agreement, has
not been subjected to any fraud, concealment, overreaching, imposition, coercion, or other unfair
dealing on the part of the other, or on the part of the other's counsel.
2. Warranty of Disclosure: The parties warrant and represent that they have made
a full disclosure of all assets and their valuation prior to the execution of this Agreement. This
disclosure was in the form of an informal exchange of information by the parties' attorneys and
this Agreement between the parties is based upon this disclosure.
3. Personal Rights and Sgwrarion: Wife and Husband may and shall, at all times
hereafter, live separate and apart. They shall be free from any control, restraint, interference or
authority, direct or indirect, by the other in all respects as if they were unmarried. They may
reside at such place or places as they may select. Each may, for his or her separate use or
benefit, conduct, carry on and engage in any business, occupation, profession or employment
which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or
malign each other or the respective families of each other nor compel or attempt to compel the
other to cohabit or dwell by any means or in any manner whatsoever with him or her.
4. Agreement not a Bar to Divor Pro e din c This Agreement shall not be
considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on
lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be
available to either party. This Agreement is not intended to condone and shall not be deemed to
be a condonation on the part of either party hereto of any act or acts on the part of the other party
which may have occasioned the disputes or unhappy differences which have occurred prior to or
which may occur subsequent to the date hereof. The parties intend to secure a mutual consent,
no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code of 1980.
5. agreement to be /n oryorated in Divor Decree - The parties agree that the
terms of this Agreement may be incorporated into any divorce decree which may be entered with
respect to them. Notwithstanding such incorporation, this Agreement shall not be merged in the
decree, but shall survive the same and shall be binding and conclusive on the parties for all time.
6. Date pf E*ecutiow. The "date of execution" or "execution date" of this
Agreement shall be defined as the date upon which it is executed by the parties if they have each
executed the Agreement on the same date. Otherwise, the "date of execution" or "execution
date" of this Agreement shall be defined as the date of execution by the party last executing this
Agreement.
7. Personal Prop rtv: Husband and Wife acknowledge that they have previously
divided their tangible personal property, including without limitation, jewelry, clothing,
furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art,
and other personal property to their mutual satisfaction with the exception that Husband shall
deliver to Wife the following items: sewing machine, plant holder, stereo, cake pans and cake
decorating equipment, yearbooks, Wheel of Fortune hand-held game, wedding dress, mixers for
baking, 27 inch television, entertainment center, cabbage patch doll(s), microwave, and small
deep-freeze. Upon delivery of the within referenced personal property items, the parties agree
that all the property in the other parties' possession shall be that parties' sole and separate
property and neither party shall make a claim against the other relative to personal property in
the other parties' possession. The parties do hereby specifically waive, release, renounce and
forever abandon whatever claim, if any he or she may have with respect to the personal property
items which shall become the sole and separate property of the other, with full power to him or
her to dispose the same as fully and effectually as though he she were unmarried.
g. Real . rate/Mobile Home: The parties acknowledge that they own a certain
mobile home, serial number 12100173W, that is located at a lot addressed as 30 Garden
Parkway, Carlisle, Cumberland County, Pennsylvania. The mobile home is owned jointly by the
parties and is encumbered with the debt due and owing to Green Point Credit. From the time of
the parties separation forward, Husband has sole and exclusive responsibility for the debt due
and owing to Green Point Credit on a monthly basis. Husband has refinanced that obligation to
Green Point Credit through Conseco Finance Servicing Corporation, so as to remove Wife as an
obligor on that debt. Contemporaneously with finalizing the refinancing, Wife shall execute any
and all documents to remove her name as an owner of the mobile home. Thereafter, Husband
shall be solely and exclusively responsible for the debt on the mobile home and shall have sole
and exclusive ownership and possession of the mobile home. If Husband fails to finalize the
refinancing oft he Green Point Credit debt through Conseco Finance Servicing Corporation
within thirty (30) days of the execution of this Agreement, the mobile home shall be
immediately listed for sale, and the proceeds of said sale distributed equally between the parties.
Except for this mobile home, the parties do not own other real estate or have any legal or
equitable interest in any real estate of any nature.
9• Mari/- aLD&. Husband agrees that he shall be responsible for the credit card
debts to Montgomery Wards and to Sears, as well as a personal loan due and owing to AVCO.
Husband agrees to indemnify and hold harmless Wife from and against said debts, liabilities and
obligations. Wife shall retain sole and exclusive responsibility of the two (2) credit cards in her
possession and upon which Husband is not an obligor. Wife agrees to indemnify and hold
harmless Husband from and against said two (2) credit card debts.
Except for these provisions, the parties acknowledge that there is no other marital debt
and that neither party has incurred any debt in the other parties' name, which could require a
claim for payment in the future.
10. Bank Accoun/L For the mutual promises and covenants contained in this
Agreement, Husband and Wife hereby waive al right, title, claim or interest they may have by
equitable distribution in their respective bank accounts, checking or savings, if any, and each
party waives against the other any duty of accounting for disposition of any jointly held funds.
11. dfrer-Acquired Pereona/ PYODPrh' Each of the parties shall hereafter own and
enjoy, independently of any claim or right of the other, all items of personal property, tangible or
intangible, hereafter acquired by him or her, with full power, in him or her to dispose of the same
as fully and effectively, in all respects and for all purposes, as though he or she were unmarred.
12. Motor Ve%ic% The parties acknowledge that any motor vehicles presently in
their possession shall remain in their possession with the acknowledgment that those motor
vehicles are either premarital or otherwise are intended to remain as the sole property of that
party. Neither party shall make any claim whatsoever relative to any ownership interest or
interest in equity in the motor vehicles in the other parties' possession. In the event it is
necessary for the other party to execute any documents, such as automobile titles or related
documents to provide for the transfer of ownership of vehicles to the name of the party in
possession, they will execute such documents within fifteen (15) days of being requested to do
so.
13, geG1Rrocal Myers QfPencion rnterestc Husband and Wife agree to waive any
and all right, title, or interest in the other party's Individual Retirement Account(s), Pensions,
Annuities or other retirement accounts.
14. Warm tv as to Port Separation and Fnnire Ohlieations: Husband and Wife each
covenant, warrant, represent and agree that each will now and at all time hereafter save harmless
and keep the other party indemnified from all debts, charges and liabilities incurred by the
Husband or Wife, respectively.
15. Waiver ofSunnQClL
a. Husband hereby waives all right to claim against Wife support, alimony,
alimony pendente lite, counsel fees and expenses.
b. Wife hereby waives all right to claim against Husband support, alimony,
alimony pendente lite, counsel fees and expenses.
16. MuMal &La= Husband and Wife each do hereby mutually remise, release,
quitclaim and forever discharge the other and the estate of such other for all time to come and or
all purposes whatsoever of and from any and all rights, title and interests, or claims in or against
the property (including income and gain from property hereafter accruing) of the other or against
i
the estate of such other, of whatever nature and wheresoever situate which he or she now has or
at anytime hereafter may have against such other, the estate of such other or any part thereof,
whether arising out of any former acts, contracts, engagements or liabilities of such other or by
way of dower, curtesy, or claims in the nature of dower or curtesy or widower's or widow's
rights, family exemption or similar allowance, or under the intestate laws, or the right to take
against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary,
or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether
arising under the laws of (a) Pennsylvania, (b) any other State, Commonwealth or territory of the
United States, or (c) any other country, or any rights which either party may have or at any time
i hereafter have for past, present, or future support or maintenance, alimony, alimony pendente
lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the
marital relation or otherwise, except, and only except, all rights and agreements and obligations
of whatsoever nature arising or which may arise under this Agreement or for the breach of any.
i
provision thereof. It is the intention of Husband and Wife to give to each other by the execution
of this Agreement a full, complete and general release with respect to any and all property of any
king or nature, real, personal or mixed, which the other now owns or may hereafter acquire,
except and only except, all rights and agreements and obligations whatsoever nature arising or
which may arise under this Agreement or for the breach of any provision thereof.
17. Banknm?cv: The respective duties, covenants and obligations of each party under
this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court should_
discharge a party of accrued obligations to the other, this Agreement shall continue in full force
and effect thereafter as to any duties, covenants and obligations accruing or to be performed
thereafter.
i
lg. Divorce: Wife had commenced an action for divorce against Husband pursuant
to §3301(c) of the Pennsylvania Divorce Code by Fining a Complaint on June 7, 1999, which
action is docketed in the Court of Common Pleas of Cumberland County No. 99-3418 Civil
Term. Both parties shall, at the time of the execution of this Agreement, furnish Wife's attorney
with an Affidavit of Consent and Waiver of Notice evidencing that each of them consent to the
divorce. It is further agreed and understood that any decree of divorce issuing in this matter
shall reflect the fact that Wife shall bear the costs of same in her individual capacity.
a. Each of the parties agree that this Agreement represents a complete and
final agreement as to their respective property rights which arose from the marital
relations and therefore mutually waive any and all rights they may have under §3502
(Equitable Distribution) of the Pennsylvania Code, Act No. 1980-26.
b. This Agreement may be offered in evidence in the action for divorce and
may be incorporated by reference in the decree to be granted therein. Notwithstanding
such corporation, this Agreement shall not be merged in the decree, but shall survive the
same and shall be binding and conclusive on the rights for all parties.
19. LzgaLEa& In the review and preparation of this Agreement each party shall
bear his/her own legal fees.
20. RemedX for Breach: If either party breaches any provision of this Agreement, the
other party shall have the right, at his/her election, either to sue for damages for such breach, in
which event the breaching party shall be responsible for payment for legal fees and costs
incurred by the other in enforcing their rights hereunder whether through formal court action or
negotiations by the other in enforcing their rights hereunder or to seek such other remedies or
relief as may be available to him/her.
21. Equitable Distribution: It is specifically understood and agreed that this
Agreement constitutes an equitable distribution of property, both real and personal, which was
legally and beneficially acquired by Husband and Wife or either of them during the marriage and
contemplated by the Act of April 2, 1980 (P.L. No. 63, No. 26) known as "The Divorce Code,"
23 P.S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended.
22. Summary nfE, ect pfAgreement It is specifically understood and agreed by and
between the parties hereto, and each party accepts the provisions herein made in lieu of and in
full settlement and satisfaction of any and all of said parties' rights against the other for any past,
present and future claims of account of support, maintenance, alimony, alimony pendent lite,
counsel fees, costs and expenses, equitable distribution of marital property and any other claims
of each party, including all claims raised by them in the divorce action pending between the
parties.
23. Tax Conseauences: By this Agreement, the parties have intended to effectuate
and by this Agreement have equally divided their marital property. The parties have determined
that such equal division conforms to a right and just standard with regard to the rights of each
party. The division of existing marital property is not, except as may be otherwise expressly
provide herein, intended by the parties to institute or constitute in any way a sale or exchange of
assets and the division is being effected without the introduction of outside funds or other
property not constituting a part of the marital estate.
24. Mutual Cooneration/Du(v to ffgauate Agreemeni Each party shall, at any time
and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to
the other party any and all further instruments and/or documents that the other party may
reasonably require for the purpose of giving full force and effect to the provisions of this
Agreement.
25. Reconciliation: The parties shall only effect a legal reconciliation which
supersedes this Agreement by their signed agreement containing a specific statement that they
have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall
remain in full force and effect. Further, the parties may attempt a reconciliation, which action , if
not consummated by the aforesaid agreement, shall not affect in any way the legal effect of this
Agreement or cause any new marital rights or obligations to accrue.
26. Severability: If any term, condition, clause or provision of this Agreement shall
be determined or declared to be void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this Agreement an in all other respects this
Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of
any party to meet his/her obligations under any one or more of the paragraphs herein, with the
exception of the satisfaction of the conditions precedent, shall in no way void or alter the
remaining obligations of the parties.
27. ND Waiver pf Dffatdr: This Agreement shall remain in full force and affect
unless and until terminated under and pursuant to the terms of this Agreement. The failure of
either party to insist upon strict performance of any of the provisions of this Agreement shall in
no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any
breach of any provision hereof be construed as a waiver of any subsequent default of the same or
similar nature, nor shall it be construed as a waiver of strict performance of any other obligations
herein.
28. hi egratiow This Agreement constitutes the entire understanding of the parties
and supersedes any and all prior agreements and negotiations between them. There are no
representations or warranties other than those expressly set forth herein. This Agreement shall
survive integration by any court into any judgment for divorce and shall continue to have
independent legal significance as a written contract separate from such judgment for divorce and
may be enforced as an independent contract.
29. URct of Divorce Decree: The parties agree that unless otherwise specifically
provided herein, this Agreement shall continue in full force and effect after such time as a final
decree in divorce may be entered with respect to the parties.
30. Notices: Any and all notices given hereunder shall be in writing and shall be sent
registered mail, return receipt requested:
a. To the Husband at 30 Garden Parkway, Carlisle, Pennsylvania 17013.
b. To the Wife at 1132 Celeste Drive, Shippensburg, Pennsylvania 17257.
31. Waiver or Modification to be in WriI&IZz No modification or waiver of any of the
terms hereof shall be valid unless in writing and signed by both parties and no waiver of any
breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the
same or similar nature.
32. Captions. The captions of this Agreement are inserted only as a matter of
convenience and for reference and in no way define, limit or describe the scope and intent of this
Agreement, nor in any way effect this Agreement.
33. Agreement Binding on Heirs: This Agreement shall be finding and shall inure to
the benefit of the parties hereto and their respective heirs, executors, administrators, successors
and assigns.
34. GoyXrning Law: This Agreement shall be construed in accordance with the laws
of the Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, the parties have set their hands and seals to two counterparts
of this Agreement, each of which shall constitute an original, the day and year first above
written.
WITNESSES:
K 1'C?s 2 /
TE STE EN E. OV"
,? - (
DATE LL V . LOY
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF ??t ttiti?
On this the 9364day oft 2000, before me, the undersigned
officer, personally appeared STEPHEN B. LOY, 3R. known to me (or satisfactorily proven) to
be the person whose name is subscribed to the within Agreement and acknowledged that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notadal Seal
Robin J. Goshom, Notary Public
Cadisie Boro, Cumbedwd CamN
My Commission Expires Apr. 17, 2603
COMMONWEALTH OF PENNSYLVANIA
??"'????????? : SS
COUNTY OF ll )u=71tLf?"=1y(/rtr
On this the 60 day of k 2000, before me, the undersigned
officer, personally appeared HOLLY A. LOY, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within Agreement and acknowledged that she executed
the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
HOLLY A. LOY,
Plaintiff,
V.
STEPHEN B. LOY, JR.,
Defendant
CIVIL ACTION - LAW
NO. 99 - 3418
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for
entry of a divorce decree:
1. Grounds for divorce: irretrievable breakdown under § 3301(c) of the
Divorce Code.
2. Date and manner of service of the complaint: June 14, 1999, by mailing
postage paid, certified mail, addressee only, and return receipt requested at Shippensburg,
Pennsylvania.
3. Date of execution of the affidavit of consent required by § 3301(c) of the
Divorce Code: by Plaintiff March 6, 2000; by Defendant March 9, 2000.
4. Related claims pending: None: The attached Separation and Property
Settlement Agreement between the parties dated March 6, 2000, shall be incorporated but
not merged into this Decree in Divorce pursuant to the said Agreement.
5. Date Plaintiffs Waiver in § 3301(c) Divorce was filed with the
prothonotary: March 13, 2000. Date Defendant's Waiver of Notice in § 3301(c) Divorce
was filed with the prothonotary: March 13, 2000.
WEIGLE, PERKINS AND ASSOCIATES
Qpa '\----
J seph . Ruane, Esquire
tto y for Plaintiff
A omey ID # 71577
126 East King Street
Shippensburg, PA 17257
717-532-7388
MARK. WEIGLE AND PERKINS - ATIORNEYS AT LAW 1211 LAST KING S3RCI-T - SHIPPENSBURG. PA 172571397
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------------------ -- -----------
f
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
HOLLY A. LOY, CIVIL ACTION - LAW
Plaintiff,
V. NO. l_ 3yI8 C? -r9
STEPHEN B. LOY, JR.,
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 judgement may also be entered against you for any
other claim or relief requested in these papers by the Plaintiff. You may lose money or
property or other rights important to you, including custody or visitation of your children.
When grounds 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, I
Courthouse Square, Carlisle, PA 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, PA 17013
Telephone: 717-249-3166
MARK. WW11011'. ANTI 6'1 NKIN\ Al 11114NI VS Al I.AW 1:4 14b1 KING -,164111 . -,l41PPCN5IIUHG, PA 17Z57 1397
4
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
HOLLY A. LOY,
Plaintiff,
V.
STEPHEN B. LOY, JR.,
Defendant.
CIVIL ACTION - LAW
No. qq - 2 tL
IN DIVORCE
COMPLAINT IN DIVORCE
COUNT I - IRRETRIEVABLE BREAKDOWN
AND NOW, comes the above named Plaintiff, Holly A. Loy, by and through her
attorneys, Mark, Weigle and Perkins, and Joseph P. Ruane, Esquire, and seeks to obtain a
Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more
fully set forth:
1. Plaintiff, Holly A. Loy, is an adult individual presently residing at 1132
Celeste Drive, Shippensburg, Franklin Comity, Pennsylvania, since February 1999.
2. Defendant, Stephen B. Loy, Jr., is an adult individual presently residing at,
30 Garden Parkway, Carlisle, Cumberland County, Pennsylvania, since 1997.
3. The Plaintiff and Defendant are nationals and citizens of the United States
of America, and both have been bona fide residents of the Commonwealth of
Pennsylvania for at least six (6) months immediately previous to the filing of the
Complaint in Divorce.
4. The Plaintiff and Defendant were married on July 4, 1997, in Cumberland
County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the
parties or in any other jurisdiction.
6. Plaintiff has been advised that counseling is available and the Plaintiff
may have the right to request that the court require the parties to participate in counseling.
7. The marriage is irretrievably broken.
8. The parties have lived separate and apart since February 25, 1999.
9. The Plaintiff requests the court to enter a decree of divorce.
MANN, \NUpLt AND PUIHINS - A110NNt vri Al LAVA iTG VAS7 KING SIRLUT' - SIIIPPt:N9 URU, PA 172F7 1397
WHEREFORE, the Plaintiff prays your honorable Court to enter a Decree in
Divorce from the bonds of matrimony and for such other and further relief to which
Plaintiff shall be entitled.
COUNT II - EQUITABLE DISTRIBUTION
10. The prior paragraphs of this complaint are incorporated herein by
reference thereto.
1 !. Plaintiff and Defendant have acquired property; both real and personal,
during their marriage from the date of said marriage until the date of their separation.
12. Plaintiff and Defendant have been unable to agree as to an equitable
distribution of said property.
WHEREFORE, Plaintiff respectfully requests the Court to equitably distribute the
marital property of the parties, pursuant to Sections 3104 and 3502(a) of the Divorce
Code.
COUNT III - ALIMONY PENDENTE LITE
13. The prior paragraphs of this complaint are incorporated herein by
reference thereto.
14. Plaintiff is without adequate funds to support herself and is unable to
sustain herself during pendency of this action.
15. Defendant presently makes the majority of the parties' marital income.
16. Defendant has failed and refused to support Plaintiff adequately since the
parties' separation.
WHEREFORE, Plaintiff prays your Honorable Court grant the payment of
alimony pendente lite payable by Defendant.
COUNT IV - ATTORNEY FEES AND COSTS
17. The prior paragraphs of this complaint are incorporated herein by
reference thereto.
18. Plaintiff is without adequate funds to pay f'or experts, appraisal fees, costs
and legal counsel.
MARK. WLIGLL. AN13 PURKINS -- A71014NEYS Al LAW - 126 LAST KING STRLCl - SHIPPLNSRURG. PA 19257.1399
WHEREFORE, Plaintiff respectfully requests the Court to award counsel fees,
costs, and expenses as may be deemed necessary and appropriate.
MARK, WEIGLE AND PERKINS
J
BY:
Jo e? P. Ruane, Esquire
tto iey for Plaintiff
East King Street
Shippensburg, PA 17257
717-532-7388
MARK. WCIGI_C AND PCRKINS - A71GRM VS Al JAW - 1..+6 CASK NINE %IRCC! - SNIPPCNS- VRG. PA 192S7 1397
VERIFICATION
I verify that the statements made in the foregoing Complaint in Divorce are true
and correct. I understand that false statements herein are made subject to the penalties of
18 Pa C.S. § 4904, relating to unworn falsification to authorities.
Dated:
MARK. WCIGLC AND t'LRNINS - AIIDIYNLVS Al LAW - t26 UASI HIND 51'I4CCT - SRIPPENSRURG. PA 17257.1197
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
HOLLY A. LOY,
Plaintiff,
V.
STEPHEN B. LOY, JR.,
Defendant.
CIVIL ACTION -.LAW
NO.
IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
Heather Carey, being duly sworn according to law, deposes and says that on June
11, 1999, she served true and attested copies of Notice to Defend and Complaint in
Divorce upon the Defendant, Stephen B. Loy, by mailing the same postage paid, certified
mail, addressee only, and return receipt requested, at Shippensburg, Pennsylvania,
addressed as follows:
Mr. Stephen B. Loy, Jr.
30 Garden Parkway
Carlisle, PA 17013
Heather Carey
Sworn to and subscribed before
me this 17ei day of June, 1999.
Notary Public
Notedel Seel
Unds K Klein, Notary PW*
gyp, PA Omba d C=*
RY con gWm Fj*et Auq d 15, 2000
MARK. WC.IGLL AND PCRKINS - All'OI:NI_vb Al LAW - 12b LAST KING STREET - SNIPPENSOURG, PA 1725RI397
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
HOLLY A. LOY, CIVIL ACTION - LAW
Plaintiff,
V. NO.
STEPHEN B. LOY, JR.,
Defendant. IN DIVORCE.
SENDER:
•9omptae Its" I 1W, 2 for kWWW servioes. I also wish to nalw the
•Comgn¦ ite e,.e, and eb. following services (for an
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nerd to yyoou.
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The Return Recdq wIA Blow to whom ea utWe woo delivered end the dine
delivered. Consult postmaster for fee.
3. Article Addressed to: 4a. Article Number
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MARK. WEK:LE AND PL-RKIN5 -- ATTORNEYS AT LAW - 126 EAST KING SIkL.ET _- SRIPPENSBURG. PA 17257,1397
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
HOLLY A. LOY, CIVIL ACTION - LAW
Plaintiff,
V. NO. 99 - 3418
STEPHEN B. LOY, JR.,
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on
June 7, 1999.
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 decree of divorce after service of notice of
intention to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §
4904 relating to unsworn falsification to authorities.
I ? I
Lolly A. Lo , laintiff
Dated: ?i)afo)C?
MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SKIPPENSIIURG, PA /72S7•1397
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
HOLLY A. LOY, CIVIL ACTION - LAW
Plaintiff,
V. NO. 99 - 3418
STEPHEN B. LOY, JR.,
Defendant IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER § 3301fc1 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 unswom falsification to authorities.
Dated:
,1 C
C.
oily . ?oy, Plaint'
v
MARK, WEIGLE AND PERKINS ATTORNEYS AT LAW - 126 CAST KING STREET - SNIWENSBURQ PA 171FT•1297
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HOLLY A. LOY,
Plaintiff
VS.
STEPHEN B. LOY, JR.,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-3418 CIVIL TERM
IN DIVORCE
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was
filed on June 7, 1999 and served on June 141 , 1999.
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.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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.
DATE: if
ST EN B. L efendant
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HOLLY A. LOY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. : CIVIL ACTION -LAW
STEPHEN B. LOY, JR., NO. 99-3418 CIVIL TERM
Defendant IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE
UNDER S ECTION 3301 0 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 1 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 THE FOREGOING 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.
DATE: 3 ST)&HENAtIM, JR., Defendant
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