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HomeMy WebLinkAbout99-07450 s i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JENNIFER JANE FARR-rnV Plaintiff N O. 99-7450 Civil VERSUS JEFFREY ABBOTT LOY, DECREE IN DIVORCE AND NOW, 2004 IT IS ORDERED AND DECREED THAT JE IFER JANE FARR-Lov , PLAINTIFF, AND JEFFREY ABBOTT LOY ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, 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; THE TERMS AND PROVISIONS OF THE MARITAL SETTLEMENT AGREEMENT SIGNED BY BOTH PARTIES ON JUNE B, 2004 ARE HEREBY INCORPORATED BUT NOT MERGED IN THE DECREE IN DIVORCE AND REMAIN BINDING UPON THE PARTIES. BY THE COURT: rROTHONOTARY 5::? -o? a-,4? JENNIFER JANE FARR-LOY Plaintiff VS. JEFFREY ABBOTT LOY, Defendant * IN THE COURT OF COMMON PLEAS * OF CUMBERLAND COUNTY * PENNSYLVANIA * No. 99-7450 Civil Term * CIVIL ACTION - LAW IN DIVORCE PRAECIPF, 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 Section 3301(c). 2. Date and manner of service of the Complaint: Served by a constable (personal service) on December 18. 1999. A Return of Service was filed on .lanuaa 3 2000, 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 Plaintiff:.lune 8. 2004; By Defendant: June S. 2004, (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of filing and service of the Plaintiff s Affidavit upon the Respondent: 4. Related claims pending: None. All claims were resolved by a Marital Settlement Agreement dated June 8 2004, Said Marital Settlement Agreement will he filed simultaneously with this Praecipe, 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: (b) Date Plaintiffs Waiver ot.Notice in Section 3301(c) Divorce was filed with the Prothonotary: July 6.2004; Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary:-July 6. 2004. Date: By: r Spears, Esquire jJenn' Attorney for Plaintiff JENNIFER JANE FARR-LOY, Plaintiff Vs. JEFFREY ABBOTT LOY, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 7450 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of 2004, the economic claims raised in the proceed ngs having been resolved in accordance with a marital settlement agreement dated June 8, 2004, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: Jennifer L. Spears Attorney for Plaintiff Charles E. Petrie Attorney for Defendant Geo ge P. . C. "... , n. ?v ?. N .•r 94.946b MARITAL SETTLEMENT AGREEMENT AGREEMENT made this day of JVje., 2004, by and between JEFFREY A. LOY, hereinafter called "Husband," and JENNIFER J. LOY, hereinafter called "Wife." WHEREAS, in consequence of disputes and unhappy differences, the parties are separated and living apart from each other; and WHEREAS, the parties desire to confirm their separation and make arrangement in connection therewith; IT IS THEREFORE AGREED: 1. CONSIDERATION - The consideration for this Agreement is the mutual promises, covenants and agreements herein contained. 2. SEPARATION - It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose deem fit. 3. NO INTERFERENCE - Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. 4. COUNSEL FEES A. Husband agrees to pay all counsel fees incurred by him since the separation of Husband and Wife. 1 B. Wife agrees to pay all counsel fees incurred by her since the separation of Husband and Wife. 5. DIVISION OF PERSONAL PROPERTY - Husband shall be the sole owner of the items of personal property currently in his possession. Wife shall be the sole owner of the items of personal property currently in her possession, including the 1996 Ford. Except as outlined in this paragraph, the parties have divided their personalty to their mutual satisfaction, and hereafter each shall own and enjoy, independently of any claim or right of the other, all items of personal property of every kind, which are now owned or held or which may hereafter belong or come to him or her, with full power of disposition as if he or she were unmarried. Husband shall execute and deliver Wife's car title to Wife within five (5) days of the execution of this Agreement. 6. AFTER-ACQUIRED PROPERTY - Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, whether or not marital assets were utilized in the acquisition, since the date of the parties' separation, or if not separated, the date of the execution of this Agreement, 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 unmarried; and each party hereby waives, releases, renounces and forever 2 Nr abandons any right, title, interest and claim in and to said after-acquired property of the other party pursuant to the terms of this paragraph. 7. NO-FAULT DIVORCE - The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce. The parties shall execute Affidavits of Consent and Waivers to permit the entry of a Decree in Divorce simultaneously with the execution of this Agreement. 8. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS - Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in this or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: 3 a. The right to obtain an inventory and appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital, and to set aside to either party that property which the court determines to be the parties' non-marital property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, debt allocation, and counsel fees, costs and expenses. 9. WAIVER OF PENSION BENEFITS - Husband and Wife agree that each shall execute any documents necessary to release and waive any right, title or interest which either party may have in the other party's retirement plan (which is defined to mean pension, profit-sharing, or any other plan or 4 account or retirement or deferred income). Each party agrees to execute whatever documents are required to effectuate the purpose of this paragraph. Each party appoints the other as attorney-in-fact for the purpose of consenting to any election under any plan under section 417 of the Internal Revenue Code or Section 205 of the Employee Income Security Act of 1974. It is specifically agreed that each party's rights under their respective retirement plans constitute their own separate property. 10. MARITAL. DEBTS - The parties acknowledge that they have previously divided the obligations and payments required thereof of any debts and obligations arising during the marriage and in accordance therewith any obligation being paid by a party shall continue to be so paid and said party shall indemnify, protect and save the other party harmless therefrom. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Specifically, Husband agrees to hold Wife harmless from liability from any claim by the mortgagee arising out of Husband's failure to pay the 5 mortgage debt. 11. WIFE'S DEBTS - Wife represents and warrants to Husband that she will not contract or incur any debts or liabilities for which Husband or his estate may be responsible and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her since the date of the separation. 12. HUSBAND'S DEBTS - Husband represents and warrants to Wife that he will not contract or incur any debts or liabilities for which Wife or her estate may be responsible and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him since the date of the separation. 13. REAL ESTATE - The parties acknowledge that they are the prior owners of real estate known and numbered as 3924 Rauch Street, Lower Paxton Township, Dauphin County, Pennsylvania. The parties acknowledge that the real estate has been sold pursuant to a Sheriff's Sale as a result of a mortgage foreclosure Complaint. 14. TAXES - Husband and Wife agree to indemnify and hold each other harmless should either party have to pay any taxes, interest and/or penalties assessed as a result of any error in the reporting of income and/or in the preparation of any tax return by the other party during the years in which they were married. 6 15. WAIVER OF WIFE'S CLAIMS AGAINST HUSBAND'S ESTATE - Wife does hereby remise, release, quitclaim and forever discharge Husband and his estate of and from any kind of every claim of any nature and kind whatsoever, including but not limited to any claim arising out of the marital relationship, whether arising out of any former contracts, engagements, or liabilities of Husband, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to elect against Husband's Will, or any other claims of any nature whatsoever, except only the rights accruing to Wife under this Agreement. Wife hereby waives and renounces any preference or right to claim appointment or to qualify as the personal representative of Husband, or to administer Husband's personal estate and effects in the event that Wife survives Husband. 16. WAIVER OF HUSBAND'S CLAIM AGAINST WIFE'S ESTATE - Husband does hereby remise, release, quitclaim and forever discharge Wife and her estate of and from any and every claim of any nature and kind whatsoever, including but not limited to any claim arising out of the marital relationship, whether arising out of any former contracts, engagements or liabilities of Wife, by way of curtesy, or claim in the nature of curtesy, widower's rights, or under the intestate laws, or the right to elect against Wife's will or any other claims of any nature whatsoever, except only the rights accruing to Husband under this Agreement. Husband hereby waives and renounces any preference or right to claim appointment or to qualify as the personal representative of Wife, or to 1 1_t administer Wife's personal estate and effects in the event that Husband survives Wife. 17. SUBSEQUENT DIVORCE - Nothing herein contained shall be deemed to prevent either of the parties from maintaining suit for absolute divorce against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar the other from defending any such suit. In the event any such action is instituted, the parties shall be bound by all terms of this Agreement and this Agreement shall be the sole remedy available to the parties. 18. EQUITABLE DIVISION OF PROPERTY - By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 19. MUTUAL RELEASE - Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, or his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or in equity, which either of the parties have, or have ever had, against the other including any and all rights under the Pennsylvania Domestic Relations Code, including spousal support, alimony, alimony pendente lite, equitable distribution of property and counsel fees. 8 20. BREACH - If either party breaches any provision of this Agreement, then he or she shall have the right to sue for damages for such breach, or seek such other remedy or relief as may be available. Counsel fees and costs of the prevailing party shall be paid by the defaulting party. 21. ADDITIONAL INSTRUMENTS - Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party within a reasonable time period (presumed to be thirty (30) days after such request is made) any and all further instruments including deed(s) or releases which may reasonably be required to give full force and effect to the provisions of this Agreement. 22. VOLUNTARY EXECUTION - The provisions of this Agreement and their legal effect have been fully explained to the parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The parties acknowledge that full disclosure has been made and they have been furnished with all information relating to the financial affairs of the other which has been requested and that counsel for each of the parties have reviewed the document, or, in the absence of counsel, the party has waives his or her right to counsel. 23. ENTIRE AGREEMENT - This Agreement contains the entire understanding of the parties, and there are no representations, waivers, covenants or undertakings other than those expressly set forth herein. 9 24. MODIFICATION AND WAIVER - A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist on strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default for the same or similar nature. 25. PARTIAL INVALIDITY - If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 26. BINDING EFFECT - Except as otherwise stated within, all of the provisions of this Agreement shall be binding upon the respective heirs, next of kin, executors and administrators of the parties. 27. INTENT OF PARTIES - It is the intention of the parties hereto Lhat this Agreement is a complete and final disposition of their property rights and not a mere Separation Agreement. 28. INCORPORATION - The parties agree that the terms of this Agreement shall be incorporated but not merged into tiny Decree of Divorce which may be entered. The parties undersLcind and agree LhuL this Agreement shall survive any such final Decree of Divorce and shall be independent thereof. Said incorporation shall be for the sole purpose of obtaining additional rights of enforcement and the parties understand lhaL the provisions of this Agreement shall not be subject to ;my modification, unless specifically 10 provided for in the relevant paragraph. 29. ENFORCEMENT - The parties agree that any action necessary by either party to enforce their rights under this agreement against the other shall be filed before the Court of Common Pleas of Cumberland County, Pennsylvania, and, regardless of where any divorce action between them is concluded, both parties hereby stipulate to the jurisdiction and venue of the Court of Common Pleas of Cumberland County, Pennsylvania, for purposes of interpretation or enforcement of this agreement. 30. HEADINGS NOT PART OF AGREEMENT - Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 11 BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. NESS Y . LOY WIT ESS J NIF J. LOY 12 all MARITAL SETTLEMENT AGREEMENT AGREEMENT made this day of3jvL 12004, by and between JEFFREY A. LOY, hereinafter called "Husband," and JENNIFER J. LOY, hereinafter called "Wife." WITNESSETH• WHEREAS, in consequence of disputes and unhappy differences, the parties are separated and living apart from each other; and WHEREAS, the parties desire to confirm their separation and make arrangement in connection therewith; IT IS THEREFORE AGREED: 1. CONSIDERATION - The consideration for this Agreement is the mutual promises, covenants and agreements herein contained. 2. SEPARATION - It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose deem fit. 3. NO INTERFERENCE - Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. 4. COUNSEL FEES A. Husband agrees to pay all counsel fees incurred by him since the separation of Husband and Wife. 1 B. Wife agrees to pay all counsel fees incurred by her since the separation of Husband and Wife. 5. DIVISION OF PERSONAL PROPERTY - Husband shall be the sole owner of the items of personal property currently in his possession. Wife shall be the sole owner of the items of personal property currently in her possession, including the 1996 Ford. Except as outlined in this paragraph, the parties have divided their personalty to their mutual satisfaction, and hereafter each shall own and enjoy, independently of any claim or right of the other, all items of personal property of every kind, which are now owned or held or which may hereafter belong or come to him or her, with full power of disposition as if he or she were unmarried. Husband shall execute and deliver Wife's car title to Wife within five (5) days of the execution of this Agreement. 6. AFTER-ACQUIRED PROPERTY - Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, whether or not marital assets were utilized in the acquisition, since the date of the parties' separation, or if not separated, the date of the execution of this Agreement, 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 unmarried; and each party hereby waives, releases, renounces and forever 2 e:1!T!-M abandons any right, title, interest and claim in and to said after-acquired property of the other party pursuant to the terms of this paragraph. 7. NO-FAULT DIVORCE - The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault clivorce. The parties shall execute Affidavits of Consent and Waivers to permit the entry of a Decree in Divorce simultaneously with the execution of this Agreement. 8. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS - Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in this or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: 3 a. The right to obtain an inventory and appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital, and to set aside to either party that property which the court determines to be the parties' non-marital property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, debt allocation, and counsel fees, costs and expenses. 9. WAIVER OF PENSION BENEFITS - Husband and Wife agree that each shall execute any documents necessary to release and waive any right, title or interest which either party may have in the other party's retirement plan (which is defined to mean pension, profit-sharing, or any other plan or 4 account or retirement or deferred income). Each party agrees to execute whatever documents are required to effectuate the purpose of this paragraph. Each party appoints the other as attorney-in-fact for the purpose of consenting to any election under any plan under section 417 of the Internal Revenue Code or Section 205 of the Employee Income Security Act of 1974. It is specifically agreed that each party's rights under their respective retirement plans constitute their own separate property. 10. MARITAL DEBTS - The parties acknowledge that they have previously divided the obligations and payments required thereof of any debts and obligations arising during the marriage and in accordance therewith any obligation being paid by a party shall continue to be so paid and said party shall indemnify, protect and save the other party harmless therefrom. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Specifically, Husband agrees to hold Wife harmless from liability from any claim by the mortgagee arising out of Husband's failure to pay the 5 mortgage debt. 1 1. WIFE'S DEBTS - Wife represents and warrants to Husband that she will not contract or incur any debts or liabilities for which Husband or his estate may be responsible and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her since the date of the separation. 12. HUSBAND'S DEBTS - Husband represents and warrants to Wife that he will not contract or incur any debts or liabilities for which Wife or her estate may be responsible and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him since the date of the separation. 13. REAL ESTATE - The parties acknowledge that they are the prior owners of real estate known and numbered as 3924 Rauch Street, Lower Paxton Township, Dauphin County, Pennsylvania. The parties acknowledge that the real estate has been sold pursuant to a Sheriff's Sale as a result of a mortgage foreclosure Complaint. 14. TAXES - Husband and Wife agree to indemnify and hold each other Iti harmless should either party have to pay any taxes, interest and/or penalties assessed as a result of any error in the reporting of income and/or in the preparation of any tax return by the other party during the years in which they were married. 6 15. WAIVER OF WIFE'S CLAIMS AGAINST HUSBAND'S ESTATE - Wife does hereby remise, release, quitclaim and forever discharge Husband and his estate of and from any kind of every claim of any nature and kind whatsoever, including but not limited to any claim arising out of the marital relationship, whether arising out of any former contracts, engagements, or liabilities of Husband, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to elect against Husband's Will, or any other claims of any nature whatsoever, except only the rights accruing to Wife under this Agreement. Wife hereby waives and renounces any preference or right to claim appointment or to qualify as the personal representative of Husband, or to administer Husband's personal estate and effects in the event that Wife survives Husband. 16. WAIVER OF HUSBAND'S CLAIM AGAINST WIFE'S ESTATE - Husband does hereby remise, release, quitclaim and forever discharge Wife and her estate of and from any and every claim of any nature and kind whatsoever, including but not limited to any claim arising out of the marital relationship, whether arising out of any former contracts, engagements or liabilities of Wife, by way of curtesy, or claim in the nature of curtesy, widower's rights, or under the intestate laws, or the right to elect against Wife's will or any other claims of any nature whatsoever, except only the rights accruing to Husband under this Agreement. Husband hereby waives and renounces any preference or right to claim appointment or to qualify as the personal representative of Wife, or to 7 administer Wife's personal estate and effects in the event that Husband survives Wife. 17. SUBSEQUENT DIVORCE - Nothing herein contained shall be deemed to prevent either of the parties from maintaining suit for absolute divorce against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar the other from defending any such suit. In the event any such action is instituted, the parties shall be bound by all terms of this Agreement and this Agreement shall be the sole remedy available to the parties. 18. EQUITABLE DIVISION OF PROPERTY - By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 19. MUTUAL RELEASE - Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, or his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or in equity, which either of the parties have, or have ever had, against the other including any and all rights under the Pennsylvania Domestic Relations Code, including spousal support, alimony, alimony pendente lite, equitable distribution of property and counsel fees. 8 20. BREACH - If either party breaches any provision of this Agreement, then he or she shall have the right to sue for damages for such breach, or seek such other remedy or relief as may be available. Counsel fees and costs of the prevailing party shall be paid by the defaulting party. 21. ADDITIONAL INSTRUMENTS - Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party within a reasonable time period (presumed to be thirty (30) days after such request is made) any and all further instruments including deed(s) or releases which may reasonably be required to give full force and effect to the provisions of this Agreement. 22. VOLUNTARY EXECUTION - The provisions of this Agreement and their legal effect have been fully explained to the parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The parties acknowledge that full disclosure has been made and they have been furnished with all information relating to the financial affairs of the other which has been requested and that counsel for each of the parties have reviewed the document, or, in the absence of counsel, the party has waives his or her right to counsel. 23. ENTIRE AGREEMENT - This Agreement contains the entire understanding of the parties, and there are no representations, waivers, covenants or undertakings other than those expressly set forth herein. 9 24. MODIFICATION AND WAIVER - A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist on strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default for the same or similar nature. 25. PARTIAL INVALIDITY - If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 26. BINDING EFFECT - Except as otherwise stated within, all of the provisions of this Agreement shall be binding upon the respective heirs, next of kin, executors and administrators of the parties. 27. INTENT OF PARTIES - It is the intention of the parties hereto that this Agreement is a complete and final disposition of their property rights and not a mere Separation Agreement. 28. INCORPORATION - The parties agree that the terms of this Agreement shall be incorporated but not merged into any Decree of Divorce which may be entered. The parties understand and agree that this Agreement shall survive any such final Decree of Divorce and shall be independent thereof. Said incorporation shall be for the sole purpose of obtaining additional rights of enforcement and the parties understand that the provisions of this Agreement shall not be subject to any modification, unless specifically 10 provided for in the relevant paragraph. 29. ENFORCEMENT - The parties agree that any action necessary by either party to enforce their rights under this agreement against the other shall be filed before the Court of Common Pleas of Cumberland County, Pennsylvania, and, regardless of where any divorce action between them is concluded, both parties hereby stipulate to the jurisdiction and venue of the Court of Common Pleas of Cumberland County, Pennsylvania, for purposes of interpretation or enforcement of this agreement. 30. HEADINGS NOT PART OF AGREEMENT - Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 11 BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties have hereunto set their hands and love written. J REY A. LOY? t J NI + R J. LO 12 CO C-) ^= U O C o_ h% tiLQ ° _ LL U ? c? ° CLi N JENNIFER JANE FARR-LOY Plaintiff V. JEFFREY ABBOTT LOY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.9q? LT -CIVIL TERM : IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 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. 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 its. JENNIFER JANE FARR-LOY, Plaintiff V. JEFFREY ABBOTT LOY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99' 7`15-0 CIVIL TERM IN DIVORCE DIVORCE COMPLAINT 1. The Plaintiff is JENNIFER JANE FARR-LOY, Social Security number 202-60- 8869, who currently resides at 6116 Charing Cross, Mechancisburg, Cumberland County, Pennsylvania. 2. The Defendant is JEFFREY ABBOTT LOY, Social Security number 187-50- 4026, who currently resides at 3944 Rauch Street, Harrisburg, Dauphin County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 19, 1991 at Snow Hill, Maryland. COUNT I - DIVORCE 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, Sections 3301(c), in that: a) The marriage is irretrievably broken. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Defendant is not a member of the armed services. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce. Respectfully submitted, Date l qC 1(q' S Austin F. Gr , E; 24 North 32 d Street Camp Hill, PA 17019 (717) 737-1956 Attorney for Plaintiff I. D. #59020 14 <r .: VERIFICATION I, JENNIFER JANE FARR-LOY, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date Q0" ?. cm - JE IFE JA FARR-LOY HARRY N. LUKENS PENNSYLVANIA STATE. CONSTABLE. 13 FERRY ST. WORMLEYSBURG, PA. 17043 OFF. 717-761-0583 PAGER 717-760-2136 FAX. 717-761-2233 RETURN OF SERVICE ON DECEMBER 18. 1999 AT 10:10A.M. I. HARRY N. LUKENS. PENNSYLVANIA STATE CONSTABLE SERVED: CIVIL PAPERS. DIVORCE CIVIL TERM NO.99-7450 CUMBERLAND COUNTY SERVED ON: JEFFREY LOY 19 N. PROGRESS AVENUE HARRISBURG. PA. 17109 1 VERIFY THAT THE STATEMENTS IN THIS RETURN OF SERVICE ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18PAC.S.A.4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. SIGNATURE. `, .. ---- ..w.. JENNIFER JANE FARR-LOY Plaintiff VS. JEFFREY ABBOTT LOY, Defendant * IN THE COURT OF COMMON PLEAS * OF CUMBERLAND COUNTY * PENNSYLVANIA * No. 99-7450 Civil Term * CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on December l3, 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 this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. oq- I Date Jen er Jane Farr-Loy Plaintiff N ?? 7 ?C? ??? c ?° c. ?. ? am ? ) ` C v7 _° v? . ? b u _?i. T' ^' . yLT ? t7? C1- F' W 1 N J V ? ,:. JENNIFER JANE FARR-LOY, Plaintiff VS. JEFFREY ABBOTT LOY, Defendant * IN THE COURT OF COMMON PLEAS * OF CUMBERLAND COUNTY * PENNSYLVANIA * * No. 99-7450 Civil Term * * CIVIL ACTION - LAW IN DIVORCE WA IVE R OF NOTi (`F O F INT FNTLQN JO REQUEST EN TRY OF A DIV OR DECgEE UNDER SE CTIO N 3301 (8) O F TH . DIVORCE CODE 1. 1 consent to the entry ofa final decree of divorce without notice. 2. 1 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. 1 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. 1 understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. CA(S1)Dg Date Jerti ifer Jane F. rr-Loy Plaintiff r cCC> t C1`:. i c! ' i l a ( 7 i1j ?1 ? J JENNIFER JANE FARR-LOY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW VS. NUMBER: 99-7450 JEFFREY ABBOTT LOY, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A co plai t in divorce under Section 3301(c) of the Divorce Code was filed on 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. Section 4904 relating to unsworn falsification-torauthorities. DATE: _ID_?J-O LOY, ti CJ Q ?O r Ct jU ? :?, 1-f 1L CL ? ?- D J ? U JENNIFER JANE FARR-LOY, Plaintiff VS. JEFFREY ABBOTT LOY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER: 99-7450 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. 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: -,-2) OLI FREY BBOTT LOY, DEFENDANT :.,. . N (_ ?1]? ' i_ ? J ? ? l) - r? :'.1J g= ? .::: u,LL ?u? ? ?:= ? .i1 U .°-? ? V N F Rr. JENNIFER JANE FARR-LOY Plaintiff VS. JEFFREY A13BOTT LOY, Defendant * IN THE COURT OF COMMON PLEAS * OF CUMBERLAND COUNTY * PENNSYLVANIA * * No. 99-7450 Civil Term * * CIVIL ACTION - LAW IN DIVORCE SOCIAL SECURITY INFORMATION SHEET PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1(x)(3) ALL DIVORCES MUST INCLUDE THE PARTIES SOCIAL SECURITY NUMBER. PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE. DATE: DOCKET NO. PLAINTIFF SS NO.: NAME: DEFENDANT SS NO.: NAME: July 15, 2004 No. 99-7450 Civil Term 202-60-8869 Jennifer Janc Farr-Loy 187-50-4026 Jeffrey Abbott Loy ir±- JENNIFER JANE FARR-LOY Plaintiff VS. JEFFREY ABBOTT LOY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99 - 7450 NO. CIVIL 19 IN DIVORCE Defendant STATUS SHEET DATE: CTIVITIES: nn nn A ,,? ? i tM5 101-71 GZ- iC'Sn '14-e ?/?tdir". n v? Cl--•--fc?,.?„u . '-?'t '/^' 4 ?° }?=`"? ? GtU^.c. 'G i? tt.2.t U!J'? ~.unL? 6?cewav,v,.. r?.FI'tf 1 ?/1 Gr.?lc .i ? tAXL4. 7 I f '1- / G fir . .ln. e e?t Vr?uj ,) l t,.c„ 4.. '''? l.i ?. I ; . ?'. ,. l: ' % ? ,? n :; ?? l JENNIFER JANE FARR-LOY, Plaintiff VS. JEFFREY ABBOTT LOY, Defendant :IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 7450 CIVIL IN DIVORCE TO: Austin F. Grogan Attorney for Plaintiff Jeffrey Abbott Loy Defendant DATE: Monday, June 17, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. . -40 JENNIFER JANE FARR-LOY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 99 - 7450 CIVIL JEFFREY ABBOTT LOY, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Austin F. Grogan Jennifer Jane Farr-Loy Charles E. Petrie Jeffrey Abbott Loy Counsel for Plaintiff Plaintiff Counsel for Defendant Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 8th day of May 2003, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: E. Robert Elicker, II April 23, 2003 Divorce Master )an M. Wiley David 1• Lenox Timothy J. Colgan Christopher 1. Marzzacco THE WILEY GROUP Attnntcys at t r.v Wiley, Lenox, Colgan & Marzzacco, RC. July 1, 2004 Traci Colyer Divorce Master's Office 9 North Hanover Street Carlisle, PA 17013 Re: Jennifer J. Farr-Loy v. Jeffrey Abbott Loy No. 1999-07450, In Divorce Dear Ms. Colyer: David E. Hershey Diana Woodside Bradley A. Winniek Jennifer L. Frechette Enclosed please find two copies of the Marital Settlement Agreement executed in the above referenced case. Please prepare an Order to Vacate the Appointment of the Master so that we may finalize the divorce. If you have any questions, please feel free to call me. Thank you for your assistance in this matter. Sincerely, Jennifer L. Spears enclosures cc Jennifer J. Farr Charles Petrie, Esquire 130 W. Church Street, Suite 100 • Dillsburg, PA 17019 • Phone: (717) 432-9666 • (800) 682-4250 • Fax: (717) 432-0426 Offices in Harrisburg • York • Carbondale www.wileygroupl,lkv.com COYNE & COYNE A PROFUSIONAL CORPORATION ATTORNEYS AT LAW Henry F. Coyne Lisa Marie Coyne Austin F. Grogan 3901 Market Street Camp Hill, Pennsylvania 1701IA227 April 16, 2003 E. Robert Elicker, III, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Farr-Loy v. Loy Dear Mr. Elicker: 717-737-0464 Pax: 717-737-5161 ?IVh This is a follow-up in the Loy Conference that was scheduled with the parties and counsel in October of 2002. As you will remember, you directed the parties to exchange updated information regarding the appraisal of the house and values of Mrs. Farr-Loy's car and pension paid. The information has been exchanged between counsels so I ask some consideration for an expedited Master's Hearing because at the same time Mr. Loy was retaining counsel and disputing Mrs. Farr- Loy's interest in the marital property, he ceased payment of the mortgage which now is approximately four months in arrears. Foreclosure action has now been commenced by the lender against both parties indicating that Mr. Loy stopped payments beginning October 2002. I believe this is an attempt to dissipate the marital state to my client's detriment. Accordingly, I ask for an expedited Master's Hearing. Please have your office coordinate with Attorney Petrie and me as to when we can have a conference and potentially settle this case. Very truly yours, COYNE & COYNE, P.C. AFG/amd Cc: Jennifer Farr-Loy Charles Petrie, Esq. A / ? ?-c???c.lc ? ?. i?? J --?-?. ?fi?9 ? j n,n_ _.,?1 ?r JENNIFER JANE FARR-LOY, Plaintiff VS. JEFFREY ABBOTT LOY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 7450 CIVIL IN DIVORCE PRE-HEARING CONFERENCE TO: Austin F. Grogan Jeffrey Abbott Loy Counsel for Plaintiff Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 7th day of October, 2002, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 7/29/02 E. Robert Elicker, II Divorce Master Austin F. Grogan, Attorney for Plaintiff, filed a pre-trial statement on July 17, 2002. Jeffrey Abbott Loy, Defendant, has not filed a pre-trial statement as of the date of this notice. OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Traci Jo Colyer Office Manager/Reporter July 2, 2002 West Shore 697.0371 Ext. 6535 Austin F. Grogan, Esquire Jeffrey Abbott Loy 24 North 32nd Street 3944 Rauch Street Camp Hill, PA 17011 Harrisburg, PA 17109 RE: Jennifer Jane Farr-Loy vs. Jeffrey Abbott Loy No. 99 - 7450 Civil In Divorce Dear Mr. Grogan and Mr. Loy: I have received the certification from Mr. Grogan indicating that discovery is complete. Therefore, we can move forward with pretrial statements and conference. A divorce complaint was filed on December 13, 1999, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. An amended complaint was filed on behalf of the Plaintiff on October 5, 2001, averring the parties separated October 9, 1999. Another amended complaint was filed on June 5, 2002, raising the economic claim of equitable distribution. No claims have been raised for alimony or counsel fees and expenses. In accordance with P.R.C.P. 1920.33(b) I am directing Mr. Grogan and Mr. Loy, if he remains unrepresented, to each file a pretrial statement on or before Monday, July 22, 2002. Upon receipt of the pretrial statements, I will immediately schedule a pre-hearing conference with counsel or Mr. Loy, if he remains unrepresented, to discuss Mr. Grogan and Mr. Loy 2 July 2002 Page 2 the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. JENNIFER JANE FARR-LOY, Plaintiff Vs. JEFFREY ABBOTT LOY, Defendant TO: Austin F. Grogan Jeffrey Abbott Loy :IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 7450 CIVIL IN DIVORCE Attorney for Plaintiff Defendant DATE: Monday, June 17, 2002 CERTIFICATION " I 11"certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISQO` (a) Outline what informa complete in order to and indicate whether interrogatories or q N, IS NOT COMPLETE: is required that is not are the case for trial e are any outstanding ery motions. i'-N (b) Provide approximate date n discovery will be complete and indicate w t action is being taken to complete discovery DATE COUNSEL FOR PLAIN F (?`) COUNSEL FOR DEFEN T ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. JENNIFER JANE FARR-LOY Plaintiff v. JEFFREY ABBOTT LOY, Defendant MOTION FOR APPOINTMENT OF MASTER Jennifer Jane Farr-Loy, Plaintiff, moves the Court to appoint a Master with respect to the following claims: (X) Divorce (X) Distribution of Property () Annulment () Support () Alimony () Counsel Fees () Alimony Pendente Lite () Cost and Expenses and in support of the motion states: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7450 CIVIL TERM IN DIVORCE (1) Discovery is complete as to the claim(s) for which the appointment of a master is requested. (2) The defendant has not appeared in the action personally. (3) The statutory ground(s) for divorce: 3301(d) (4) Delete the inapplicable paragraph(s): (a) The action is contested. (b) The action is contested with respect to the following claims: equitable distribution. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take 2 hours. (7) Additional information, if any relevant to the motion: N/A Date S/acl ?e ''? ??c Austin F. Grogan, ire Attorney for Plaint c ORDER APPOINTING MASTER AND NOW, this day of C? 2002, Esquire, is appointed master with respect to the following,' laims: BY THE COU Judge Fil L-(li'i ILL" w C: ti iJ fJ ? j J : ? S LLI? LL lv ? z ? U.112? l ? Il [y Q o U 02 JUN -7 I'M 2: CUN:BI(_Y!I ,%;qD COUNTY \. PaNIVEVANIA w JENNIFER JANE FARR-LOY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-7450 CIVIL TERM JEFFREY ABBOTT LOY, IN DIVORCE Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 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. 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 r . JENNIFER JANE FARR-LOY, Plaintiff V. JEFFREY ABBOTT LOY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7450 CIVIL TERM IN DIVORCE AMENDED DIVORCE COMPLAINT 1• The Plaintiff is JENNIFER JANE FARR-LOY, Social Security number 202-60- 8869, who currently resides at 6116 Charing Cross, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is JEFFREY ABBOTT LOY Social Security number 187-50- ` 4026, who currently resides at 3944 Rauch Street, Harrisburg, Dauphin County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 19, 1991 at Snow Hill, Maryland. COUNT I - DIVORCE 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, Sections +I 3301(c), 3301(d), in that: a) The marriage is irretrievably broken. b) Plaintiff and Defendant have lived separate and apart since October 9, 1999 and continue to do so. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Defendant is not a member of the armed services. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce. Date _A- u //-c7/ Respectfully submitted, ? jlV:3? Austin P. Grogan, Esquir 24 North 32nd Street Camp Hill, PA 17011 (717) 737-1956 Attorney for Plaintiff I.D. #59020 VERIFICATION I, JENNIFER JANE FARR-LOY, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Date JEN IFER A ARR-LOY ?? - ?. - - ?: , ,_. ?`? ? ::? :? ? ?.- :? ? - ?- ::; ?,_ ?, = . ; ::.. U JENNIFER JANE FARR-LOY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-7450 CIVIL TERM JEFFREY ABBOTT LOY, IN DIVORCE Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 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. 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 JENNIFER JANE FARR-LOY, Plaintiff V. JEFFREY ABBOTT LOY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7450 CIVIL TERM IN DIVORCE AMENDED DIVORCE COMPLAINT I. The Plaintiff is JENNIFER JANE FARR-LOY, Social Security number 202-60- 8869, who currently resides at 6116 Charing Cross, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is JEFFREY ABBOTT LOY, Social Security number 187-50- 4026, who currently resides at 3944 Rauch Street, Harrisburg, Dauphin County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 19, 1991 at Snow Hill, Maryland. COUNT I - DIVORCE 5. Paragraphs I through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, Sections 3301(c), 3301(d), in that: a) The marriage is irretrievably broken. b) Plaintiff and Defendant have lived separate and apart since October 9, 1999 and continue to do so. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Defendant is not a member of the armed services. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from August 19, 1991, until October 9, 1999, the date of their separation, which property is "marital property". 12. Plaintiff and Defendant may have owned, prior to the marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property. Respectfully submitted, Date G - `i (L4 (, ` J . /Jl e, t Austin F. Grogan, Esquire' ll 24 North 32nd Street ?J Camp Hill, PA 17011 (717) 737-1956 Attorney for Plaintiff I.D. #59020 VERIFICATION 1, JENNIFER JANE FARR-LOY, verify that the statements made in the foregoing Amended Divorce Coplaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date 5/36162- /( JE IFER AN ARR-LOY ?.? ?{{ , f ?. ?. c ?? '•? - ?: L. ?L C .. .i _ ? C , C_i ? _ Cj ?-- r JENNIFER JANE FARR-LOY Plaintiff V. JEFFREY ABBOTT LOY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7450 CIVIL TERM IN DIVORCE r-n INVENTORY OF PLAINTIFF, JENNIFER J. FARR-LOY (J I, JENNIFER JANE FARR-LOY, Plaintiff, file the following Inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. I hereby verify that the statements made in this Inventory 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. DATE Z JE IFER A FARR-LOY Fri ASSETS OF PARTIES Plaintiff, JENNIFER JANE FARR-LOY, marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) I. Real property (X) 2. Motor vehicles () 3. Stock, bonds, securities and options O 4. Certificates of deposit () 5. Checking accounts, cash () 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes () () 8. 9. Trusts Life Insurance policies (indicate face value, cash surrender value and current beneficiaries) O 10. Annuities () 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) (} 16. Employment termination benefits - severance pay, workman's compensation claim/award () 17. Profit sharing plans () 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, individual retirement accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) () 22. Military/VA benefits () 23. Education benefits () 24. Debts due, including loans, mortgages held (X) 25. Household fumishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) () 26. Other MARITAL PROPERTY i Plaintiff, JENNIFER JANE FARR-LOY, lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description of Property Names of All Owners Number 1 3944 Rauch St. Harrisburg, PA Jeffrey & Jennifer Loy 2 1996 Ford Thunderbird Jeffrey & Jennifer Loy 25 Household Goods Jeffrey & Jennifer Loy 19 IRA Jennifer Farr-Loy NON-MARITAL PROPERTY Plaintiff, JENNIFER JANE FARR-LOY, lists all property in which a spouse has a legal or equitable interest, which is claimed to be excluded from marital property: Item Description of Property Reason for Exclusion Number PROPERTY TRANSFERRED Item Description of Date of Consideration Person to No. Property Transfer Whom Transferred LIABILITIES Item Names of All Names of All Number Description of Property Creditors Debtors JENNIFER JANE FARR-LOY, Plaintiff V. JEFFREY ABBOTT LOY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7450 CIVIL TERM IN DIVORCE PROOF OF SERVICE I, Austin F. Grogan, Esquire, hereby certify that on IV eA -- 2002,1 served a copy of the Plaintiff s Inventory by first class mail, postage prepaid addressed as follows: Jeffrey A. Loy 3944 Rauch Street Harrisburg, PA 17109-2226 Dated../ 4 . v z Austin F. Grogan, Es uire 24 North 32nd Street Camp Hill, PA 17011 (717) 737-1956 Attorney for Plaintiff ID #59020 / JENNIFER JANE FARR-LOY, Plaintiff V. JEFFREY ABBOTT LOY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7450 CIVIL TERM IN DIVORCE INCOME AND EXPENSE STATEMENT OF PLAINTIFF JENNIFER J. FARR-LOY The undersigned files the following Income and Expense Statement. 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 S/ JEN IFER Y. F -LOY C7 iJrl rv rntrnME AND EXPENSE STATEMENT INCOME: Employer: Self Address: 6116 Charin Cross Mechanicsburg, PA 17050 Type of Work: Professional Personal Chef Payroll Number: Pa Period: Weekly Gross Pa per Pa Period: Itemized Payroll Deductions: Federal Withholding Social Security Local Income Tax State Income Tax Retirement Savings Bonds Credit Union Life Insurance Health Insurance Other (Specify) Net Pa per Pa Period: $0.00 (Fill in appropriate column) OTHER INCOME: Weekly Monthly Yearly Interest Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Com2ensation Workmen's Compensation Other (Specify): Total $0.00 $0.00 $0.00 EXPENSES: Weekly Monthly Yearly HOME INCOME AND EXPENSE STATEMENT Mortgage/Rent Maintenance Utilities Electric Gas O il T ele hone $33.44 Water Sewer Trash EMPLOYMENT Public Transportation Lunch TAXES Real Estate Personal Property (land) Income (school) INSURANCE Homeowners Automobile $45.00 Life Accident Health $215.00 Other (Specify): AUTOMOBILE Payments W Fuel Repairs MEDICAL Doctor Dentist Orthodontist Hospital (lab) Medicine Special Needs (glasses, braces...) EXPENSES CONTINUED EDUCATION Weekly Monthly Yearly Private School Parochial $2,995.00 tNr.nMF AND EXPENSE STATEMENT College (ICS) Religious PERSONAL Clothing Food Barber/Hairdresser Credit Payments Charge Accounts Memberships: BJ's $40.00 LOANS Credit Union Other (specify): MISCELLANEOUS Household Help Child Care Papers, Books, Magazines ENTERTAINMENT Cable TV $36.93 Vacation Gifts OTHER Legal Fees. $2,500.00 Charitable Contributions Other Child Support Alimony Payments Other (specify): Water Cooler Service $247.31 TOTAL EXPENSES $15.00 $330.37 $5,782.31 PROPERTY OWNED Description Value H W J C Checking Accounts x Savings Accounts Savings/Christmas x Credit Union Stocks/Bonds IRA Photocopies attached x Real Estate Other: TOTAL $0.00 INSURANCE Company Policy Number H W J C Hospital Blue Cross Other Medical Blue Shield Other Health/Accident Disability Dental Prescription Other: *H=Husband; W=Wife; J=Joint; C=Child JENNIFER JANE FARR-LOY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-7450 CIVIL TERM JEFFREY ABBOTT LOY, IN DIVORCE Defendant PROOF OF SERVICE I, Austin F. Grogan, Esquire, hereby certify that on the Ix? day of Q? 2002 I served a copy of the Plaintiff's Income and Expense Statement by first class mail, postage prepaid addressed as follows: Date I- I to • 02 C U ? " Austin F. Grogan, Esquire 24 North 32nd Street Camp Hill, PA 17011 (717) 737-1956 Attorney for Plaintiff ID #59020 ClMMC?C° 'l.4'K/HA=?LSUU4G. N.A. COT= _11'21.2 P.L. HJX CAMP HILL, 0A. 27:11 kk i=A STAT_M_NT JF dCr:CU::T FCJ? TAX Y?AF 2'-l kkk TAX 17 NUMJ=ri o`-3o Fj) R7 GUL A.R IA=A J F ARP 51;45 CHARING 0055 ,e_CHANICSJURG PA 17C5' ACCOUNT NUM9E° ..•."J":.'.,1 TOTAL VALU•_ JANUA-Y 1, 21 PLUS FGULA7 ?AYM=NTS 'i4L L/ CHA't2A C TL Z- O PA YNF NJ- IRANSF PA Vh=NT.i c'IPLUV_3 a„Ya1°NTS •" PAYIdc NTS IN 2'.! FG° 2--.. VFAZ-TO-;.AT? FAONINGS L 5'; c X.:FS5 DAYM=i4T WITHDRA'NALS ='+LY 4TTHDRA'AALS - NO _=XCcPTIU`IS NG.: 'nAL DISTRI9UTI:3N5 IN 2'." I _ARLY l!THDRAWALF - EXCCPTIr3vS T •ANSF_? WITHOi A'AAL5 SFHVIC= CHARGE F_ES ;5?LY NITH00A'NAL Pc•VALTI_S TOTAL VALU_ 'JCCE:d@=R ?i, ?.^1 5'792'•''.. INTFR-ST ACC;U_0 13.'.. FAIR MASK.°T V:LU;- ."'F -000U14T t -k t 5.4'J9' 'E U I ST:: TRUT I J'l5 dI THHFtn P?'/MC>tTS IN .? F0Q '.'1 kkk THIS INFLPq_TIJN IS d?IMG FSJ%.NISHFD Ti TH= TNT_=NAL R=VSNU= SE PVICc JENNIFER JANE FARR-LOY, Plaintiff V. JEFFREY ABBOTT LOY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7450 CIVIL TERM IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT The Plaintiff, JENNIFER J. FARR-LOY, files the following Pre-Trial Statement. LIST OF ASSETS - MARITAL AND NON-MARITAL Plaintiff, JENNIFER J. FARR-LOY, requests a stipulation that the date of final separation was October 9, 1999. The inventory is supplemented with the values of the marital and non-marital property on the attached charts: C? Cl Y7 _ rl Co t E W a a aa F a? 6. 0 V C O p d v Z S S g $ g g g S S g S V S S O S O S in ON ON vi O? O ^ N vi N 6M9 V) E'O4 69 69 64 64 6fl E9 69 EH 69 fA f/j C v-. Q O T T ° T T T ° T T ° T ° T ° T T T T 0 T 0? T ? T S ° a . S S a a . ry? L L L L W W W 4. tr ) 4+ y 4. O.I ? y tr .? d . .w N .w. 4 Y O? W ,? W ,J C? ? .C .C W C C y C N ? C N C a) C a) N a) a) '•• . . . . •••. . . . . . . CCGii O ~ ?•-? 4; •--? 4! ti 49 . 46 43 4 4! 4i 4$ 43 4t 43 z N N d N N 6T] N N N N N N N N `c w w w w w w ?0 ?. . ? . . ?-O•. .?i . . . ??•. . n . i to O Y a a b F ox x G v x o ? a yp. O C`S ? C G ? N T Qy` 4 y V Y L ,? / ? 10 1^ O O 4i CG .C U ? ` r C cd ?+ N •4 c d u `r m CN o A 3 v U > 2 o a 4.) x -) a' ¢ ¢ 7 7 a G M U 4 F 0 z N N N N N N N N N N N N N N N Z ... N M V' V1 ?O l? 00 O? O ."'•. .N- M .?. to 0 V O tl d 0 ? O S S c S S S S S S S S S S S S S 8 8 S S V 8 N S n N N N ? b O O O N S O S p O O O fR 69 69 69 69 (A 69 69 69 69 EA 69 69 69 69 6I9 C 0.0 d a Q ; T T T T °T T T ° T ° T ° T ° T ° T ° T ° T T S T S T ° 7•. 0 T ? a a a a a a a a . rr//?? Y L W L W L W Y W Y 4a: L : 4 L 4? : Y W L W L W L W L W Y W Y W L 4a: L 44: L 4? : L 4a: L W O O •C p C C ? ? C C C ??_ C •C C C p C C C C GG ? a ti ti ti ti ti ti n ? n ti ti ti ti C C C A . i ? , z " - 0, C, ? T T T T T ?•. T T 18 T w T. ' IF" AFT. " SI T '' T 8 IFT ~ IFT " T T 9. T C O LA y O C a, a Z °: a! vAi O ? fj m L L L 1 y , y F O = C H ?+ ' L o L o ° EN E 3 0 > m 44 4 ' F o A ? A H " ? 5 , co o 3 0.' c F cq 0 3 F - F ? v •? CC A ? a 3 04 as v x a > a " r cn a 0 z N N N N N N N N N N v1 N N N N N N N v1 N N x0, ^ co T O N N ;+ N N M N A N " N b N n N co N a\ N O M - M N M M M -It M V1 M 0 w A 7 a ? S U 8 S S 8 ?d o A? >1 >1 ° .., ? w w w w O E p z ? 3f ? ni ? w o i o a $ ' U o . ` y U v C q ? U E U q W ? ? v rCJ z N N N N z m m m 00 m o v d ..a o E ? C w 0 7 M h 0 U ? C O ? ? ? Q O . ? 7 V W L 4?r C O h ai O O ' ? • q1 y i3. LY •` Q C O z a 0 z F W A a F .y O 0 ? L u A a ?n v? v VI L r? ? L AO H W O V _ C a?A C 0 y ro o co c o ?! d A 8 z? 00 b z? W 0 C o ? 0 A C C 0 z CAM46z' W_ XOrUJI ATTORNEY AT LAW 24 North 32nd Street Camp Hill, PA 17011 Telephone (717) 737-1956 Fax (717) 761-5319 July 25, 2002 E. Robert Elicker, III Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re. Farr-Loy v. Loy Dear Mr. Elicker: This is a follow up to the Pretrial Statements submitted to your office on July 17, 2002 in the above referenced case. It has come to my attention that there is typographical error in the Pretrial Statement under Marital Debts wherein the mortgage is listed with a payoff of approximately $5,500.00. That actual debt remaining on the mortgage should be approximately $55,000.00. If you have any questions or require further information, please contact nie at your convenience. Sincerely, Austin F. Grogan, Esq. AFG/rr Cc: Jennifer Farr-Loy Jeffrey A. Loy EXPERT WITNESSES: Plaintiff does not intend on calling expert witnesses. Plaintiff reserves the right to call expert witnesses. OTHER WITNESSES: Plaintiff reserves the right to modify witness list. EXHIBITS: Plaintiff intends on submitting tax documents for home appraisal or requests that the home be appraised by an expert. PLAINTIFF'S GROSS INCOME: $0.00 PENSION AND RETIREMENT: Plaintiffs IRA $6,405.00 COUNSEL FEES: $5,000.00 PERSONAL PROPERTY: See attached documents. MARITAL DEBTS: Mortgage approximately $5,500.00 and bottled water bill of $247.31. PROPOSED RESOLUTION OF ECONOMIC ISSUES: Wife retains IRA; husband keeps home and pays wife half of the equity; property in home is awarded to husband. Respectfully submitted, Date ??" 0 2 ??n O J cL?` -' Austin F. Grogan, squire 24 North 32nd Street, C Hill, PA 17011 (717) 737-1956 Attorney for Plaintiff ID #59020 VERIFICATION I, JENNIFER JANE FARR-LOY, verify that the statements made in the foregoing Pre- Trial Statement are true and correct to the best of my knowledge, information and belief, 1 understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. lc? DATE J [3010 Z 7 JQ4NIFE lA i FAl JENNIFER JANE FARR-LOY, Plaintiff V. JEFFREY ABBOTT LOY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7450 CIVIL TERM IN DIVORCE PROOF OF SERVICE I, Austin F. Grogan, Esquire, hereby certify that on Z- 2002, I served a copy of the Plaintiff's Pre-Trial Statement by first class mail, postage prepaid addressed as follows: Jeffrey A. Loy 3944 Rauch Street Harrisburg, PA 17109-2226 Date 14 ?-0? Austin F. Grogan, Esquir 24 North 32nd Street Camp Hill, PA 17011 (717) 737-1956 Attorney for Plaintiff ID #59020 JENNIFER JANE FARR-LOY, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NUMBER: 99-7450 CIVIL TERM r? JEFFREY ABBOTT LOY, Defendant IN DIVORCE INVENTORY - OF JEFFREY ABBOTT LOY, DEFENDANT cr'? ' Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DEFENDANT ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemize the assets on the following pages. (X) 1. Real property (X) 2. Motor vehicles () 3. Stocks, bonds, securities and options O 4. Certificates of deposit r. i -i I () 5. Checking accounts, cash () 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes 1 () 8. Trusts S () 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) () 10. Annuities ' O 11. Gifts ; () 12. Inheritances () 13. Patents, copyrights, inventions, royalties I't It () 14. Personal property outside the home O 15. Business (list all owners, including percentage of ownership, and a h officer/ director positions held by a party with company) () 16. Employment termination benefits-severance pay, worker's Ir '• compensation claim/award () 17. Profit sharing plans () 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) () 22. Military/VA benefits () 23. Education benefits () 24. Debts due, including loans, mortgages held - () 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other persona as of the date this action was commenced: Item Description Number of Property 1. 2. 25. 19. Names of All Owners 3944 Rauch Street, Harrisburg, PA Jeffrey & Jennifer Loy 1996 Ford Thunderbird Household Goods IRA Jeffrey & Jennifer Loy Jeffrey & Jennifer Loy Jennifer Farr-Loy NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Description Reason for Number of Property Exclusion 25. All personal property purchased by Defendant since October, 1999 PROPERTY TRANSFERRED Item Number None Consid- eration LIABILITIES Names of All Creditors Citibank Description Date of of Property Transfer Item Description Number of Property 1. Credit card debt 2. Credit card debts to be provided Person to Whom Transferred Names of All Debtors Jeffrey Loy to be provided COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Pre-Trial Statement 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. o 4 ho o -L- DAT REY A BOTT LOY JENNIFER JANE FARR-LOY Plaintiff VS. JEFFREY ABBOTT LOY, Defendant * IN THE COURT OF COMMON PLEAS * OF CUMBERLAND COUNTY * PENNSYLVANIA * No. 99-7450 Civil Term * CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO DISCONTINUE AMENDED DIVORCE COMPLAINTS AND RELATED CLAIMS THEREIN To the Prothonotary: Please discontinue the Amended Divorce Complaints filed in the above- referenced action on October 5, 2001, June 5, 2002 and November 27, 2002 and the additional claims raised therein, as Plaintiff wishes to withdraw them. The original Divorce Complaint will be left as is. Je PeyLenox Spears, Esquire Marzzacco, PC W, Colga n & 130 W. Church Street Dillsburg, PA 17019 ID # 87445 ATTORNEY FOR PLAINTIFF Dated: July 1, 2004 u?r cV ?Q i w LL o N U JENNIFER JANE FARR-LOY Plaintiff Vs. JEFFREY ABBOTT LOY, Defendant IN THE COURT OF COMMON PLEAS • CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7450 ` CIVIL ACTION - LAW ` IN DIVORCE PRAECIPE FOR WITHDRAW OF APPEARANCE Please withdraw my appearance on behalf of Plaintiff, Jennifer Jane Farr-Loy, in the above captioned matter without prejudice. Date: +a U3 at.'Iv t? ?A? Austin F. Grogan, Esq . e PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of Plaintiff, Jennifer Jane Farr-Loy, in the above captioned matter. Dater I ?1 I v ' a:q (?ktb Jennifer L. Frechette, Esquire Wiley, Lenox, Colgan & Marzzacco, PC One South Baltimore Street Dillsburg, PA 17019 I D # 87445 + -7 L C- 7 L Ll C l JENNIFER JANE FARR-LOY, Plaintiff V. JEFFREY ABBOTT LOY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7450 CIVIL TERM IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT The Plaintiff, JENNIFER J. FARR-LOY, files the following Pre-Trial Statement. LIST OF ASSETS - MARITAL AND NON-MARITAL Plaintiff, JENNIFER J. FARR-LOY, requests a stipulation that the date of final separation was October 9, 1999. The inventory is supplemented with the values of the marital and non-marital property on the attached charts: a w a O w !FFyy 6 w 0 41 Q 7 o C ?a S 8 S S S g g S g 8 8 S in g S tf) U S O O N in N tfi O 0 ti n N. fMA fA fR fA fA fA (A fA b9 fA (A w 2 0. V = A y T T T T T TQ T TQ >q. Tq TQ Tq T Q >. Q T T q L N Y N Y N L N Y v Y N L v Y Cl Y v Y v L y Y v Y v Y v Y N L v v v v v v v v p v v v v v v v v a? 4? -?j C? -'d a ? ? -'d 48 -*d Z q 6 a? 'i aTi aTi aTi aT?i ?aTi! aTi a?-!i ?a??-!i+ aTi aTi! ?aTi! aTi a?!'i aTi aTi ? ?-.! ? ! ! +! ? N ?"? v M'1 N til v My N n N ti v f'f v ti ? r1 ? ti ? h ? 11 ? M'1 ? M'? v My py bA v ? N 'd Y F C p L c v C v ? °? x c v .V. ? r A L Y 3 `? ? a v a i G a i C .C ?S 7 .C o O V ttl N L C C Q :-. Ca tr. ° bj) ? ot v ° on ao U j 3 A 'O C7 ? U C t?/ aL i .Lr y F N ° U A ?2f F > 0. a a ¢ < C7 c7 a 0 z N h N tr) N tn N in N tn N vn N (n N vi N to N N N to N v1 N N Z N M V' V1 r 00 O ^. m d' h 0 p o p d 7 R G S S S S S S O S S O O S S O S O S S S U S ? y? S vj vi V'i vi p O O O O O vi S o S S O O 69 69 ?! 69 69 fH 69 69 64ly 69 69 EA 69 G9 69 V9 69 69 69 t1r O O Y v L N L N Y v L d L N Y N Y N L L L N L v Y N L v L y L N Y N L N Y N Y OJ . 0 u 0 ? O v n N n N n N n N ? -+ v n N n d ? - -? OJ n v ? - -. U n N n N n v n N n N n v n N n a.) ? - -. O z yy "G yy `V _yy ?9 yy `S3 ?? `d yy yy ?? yy `V ? ?yy `L ?? .. ` d y `V y `V yy "G ? y ` J y "V y 'U y "CJ ? y "C) a>i a?'i aTi a>i a>i a>'i a>i a>'i a>i a>i a a>i a?'i v a>i a>i a>'i a>i ? v n v n v n v n v n v n v n v n v n a? ?--. v n v n v n v n v n v n v n v ?--, a> ?-. N Y W 0 •h ? y O C y d ?. Q? v L h ?" °? > ? .7 y Y V] O n A y C 0.' C H A w 0 ' 3 v 3 ou U `? c? = o U ?i 2 i2 :> a U > > A Ga a (n C n r . 0 z N N N N N N N N N N N N N N N N N N N Z 00 N N N N N N N N N N M M crn m M M 0 n ?a 8 O g g $ $ o N N EA N 69 69 69 O b9 ? O O oj ca Q G o--1 o-a ? 10 u, z? 46 - - o A? o ? ? U y C ? cp L N "' C td 7 U W ? ? N 0 z N N N N `?, m M M 00 ON M -IT d 'a ? ? ?. 0 d Z h 0 v c ?.. o s :. A ? 0 . ? V W V b 0 R; 0 n 0 ? a. ?'. ?L u A C O z .. ..a 0 z AFI W d F d d V d H L w ? Y AO H O d ? A o _ Y ?tlOj qC N C V] O A gA z? ?a 00 Y zu 0 d 0 azl •V Y O A ? f . O z EXPERT WITNESSES: Plaintiff does not intend on calling expert witnesses. Plaintiff reserves the right to call expert witnesses. OTHER WITNESSES: Plaintiff reserves the right to modify witness list. _ EXHIBITS: Plaintiff intends on submitting tax documents for home appraisal or requests that the home be appraised by an expert. PLAINTIFF'S GROSS INCOME. $0.00 PENSION AND RETIREMENT: Plaintiffs IRA $6,405.00 COUNSEL $5,000.00 PERSONAL PROPERTY: See attached documents. MARITAL DEBTS: Mortgage approximately $5,500.00 and bottled water bill of $247.31. PROPOSED RESOLUTION OF ECONOMIC ISSUES, Wife retains IRA; husband keeps home and pays wife half of the equity; property in home is awarded to husband. Respectfully submitted, Date ?(, , d 2 Austin F. Grogan,, squire 24 North 32nd Street, C i (717) 737-1956 am Hill, PA 17011 Attorney for Plaintiff ID #59020 i^ AWN VERIFICATION I, JENNIFER JANE FARR-LOY, verify that the statements made in the foregoing Pre- Trial Statement are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. § 4914, relating to unsworn falsification to authorities. DATE 7 J NIFE JA FARR-LOY JENNIFER JANE FARR-LOY, Plaintiff V. JEFFREY ABBOTT LOY, Defendant PROOF OF SERVICE I, Austin F. Grogan, Esquire, hereby certify that on a 12002, I served a copy of the Plaintiff's Pre-Trial Statement by first class mail, postage prepaid addressed as follows: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7450 CIVIL TERM IN DIVORCE Jeffrey A. Loy 3944 Rauch Street Harrisburg, PA 17109-2226 Date ?/ Austin F. Grogan, Esquir 24 North 32nd Street Camp Hill, PA 17011 (717) 737-1956 Attorney for Plaintiff ID #59020 IL r. LUG? --J _ r ii % . r0, JENNIFER JANE FARR-LOY, Plaintiff V. JEFFREY ABBOTT LOY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7450 CIVIL TERM IN DIVORCE INCOME AND EXPENSE STATEMENT OF PLAINTIFF, JENNIFER J. FARR-LOY The undersigned files the following Income and Expense Statement. 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 '5imlo Z- " 9 JEN' IFER Y. F R-LOY INCOME AND EXPENSE STATEMENT INCOME: Employer: Self Address: 6116 Charing Cross Mechanicsburg, PA 17050 Type of Work: Professional Personal Chef Payroll Number: Pa Period: Weekly Gross Pa per Pa Period: Itemized Payroll Deductions: Federal Withholding Social Security Local Income Tax State Income Tax Retirement Savings Bonds Credit Union Life Insurance Health Insurance Other (Specify) Net Pa per Pa Period: $0.00 (Fill in a ro riate column) OTHER INCOME: Weekly Monthly Yearly Interest Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Compensation Workmen's Compensation Other (Specify): Total $0.00 $0.00 $0.00 EXPENSES: Weekly Monthly Yearly HOME n P'1 INCOME AND EXPENSE STATEMENT Mortgage/Rent Maintenance Utilities Electric Gas Oil Telephone $33.4 4 Water Sewer Trash EMPLOYMENT Public Transportation Lunch TAXES Real Estate Personal Property (land) Income (school) INSURANCE Homeowners Automobile $45.00 Life Accident Health $215.00 Other (Specify): AUTOMOBILE Payments Fuel $15.00 Re airs MEDICAL Doctor Dentist Orthodontist Hospital (lab) Medicine Special Needs (glasses, braces...) EXPENSES CONTINUED EDUCATION Weekly Monthl Yearl Private School Parochial $2,995.00 r INCOME AND EXPENSE STATEMENT College (ICS) Religious PERSONAL Clothing Food Barber/Hairdresser Credit Payments Charge Accounts Memberships: BJ's $40.00 LOANS Credit Union Other (specify): MISCELLANEOUS Household Help Child Care Papers, Books, Magazines ENTERTAINMENT Cable TV $36.93 Vacation Gifts OTHER Legal Fees $2,500.00 Charitable Contributions Other Child Support Alimony Payments Other (specify): Water Cooler Service $247.31 TOTAL EXPENSES $15.00 $330.37 $5,782.31 /'\ PROPERTY OWNED Description Value H W J C Checkin Accounts x Savings Accounts Credit Union Savings/Christmas x Stocks/Bonds IRA Photocopies attached x Real Estate Other: TOTAL $0.00 INSURANCE Company Policy Number H W J C Hospital Blue Cross Other Medical Blue Shield Other Health/Accident Disabilit Dental Prescription Other: *H=Husband; W=Wife; J=Joint; C=Child JENNIFER JANE FARR-LOY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-7450 CIVIL TERM JEFFREY ABBOTT LOY, IN DIVORCE Defendant PROOF OF SERVICE I, Austin F. Grogan, Esquire, hereby certify that on the f r?J day of 2002 I served a copy of the Plaintiff's Income and Expense Statement by first class mail, postage prepaid addressed as follows: Date 7- I to - Austin F. Grogan, Esquire 24 North 32nd Street Camp Hill, PA 17011 (717)737-1956 Attorney for Plaintiff ID #59020 C•7te Me_ •F g:, `Ih./Ha-•?LSi1UIG. N.A. Ca TE _t/'L/_' CV-W HILL. .*k i=;. STAT_M-VT JF ,CrtLUNT F.D TAX YcAR 2'_l kA. ia% f0 NU'?J?r _-c`-9afi •7 ;! GULAG IJJA J.V7JIF:..i J FA-TP :!IG CHASING CROSS IJ_CHiNICSJURG PA 17•.3' ACCOUNT NU49E? „"'J-1711 TOTAL V•ALUc JANUA?Y !. 2':. ' PLUS o°CIIL A.i DAYM NITS "fr'LL/O.:CrWtAOT=?;L:O PAYMF hlr3 6 ?72'1 •44 T =AhISF'_- PAYN°,VTS PAY..MI NTS IN 2".! FO= °__ ' v=:.?-TO-.iAic EA°NlNrS o''•!? L-GS 0AYMENT '41TH7RAmALS --JLV .JtfHDRAWaLS - NO -ACdPTIO'IS NOAYAL 015 TG I RUT IONS IN d^.1 a RLY 4!THDRAWALS - EXC-PTIONS T -%NSFL'J WITHDPA',J •1L5 S-RVICL ChIA4G= FtES •? y'!LV rYITHiJ0A'A-L o_NALTlCS TOTAL VALU? 5.7d-•" 111TFR- T a;:CaU_O I1. Fa:= MA-?K°T VALUZ -IF •ACCOU VT A+A 5.4 V5.'6 UTSTi:IrlUTTJ'IS dITHHFLC`. .kk THlS I.v°Ja,IATIJN IS zi=1%IG FU%rhl:SHcU T^ THE TNTt=hIIL k VENUc SFPV1Ct nl LIJ rI ( ? p ) ?) U JENNIFER JANE FARR-LOY, Plaintiff V. JEFFREY ABBOTT LOY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7450 CIVIL TERM IN DIVORCE INVENTORY OF PLAINTIFF, JENNIFER J. FARR-LOY I, JENNIFER JANE FARR-LOY, Plaintiff, file the following Inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. I hereby verify that the statements made in this Inventory 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. DATE `) Z JE IFER A FARR-LOY ASSETS OF PARTIES Plaintiff, JENNIFER JANE FARR-LOY, marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) 1. Real property (X) 2. Motor vehicles () 3. Stock, bonds, securities and options () 4. Certificates of deposit O 5. Checking accounts, cash () 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes () 8. Trusts () 9. Life Insurance policies (indicate face value, cash surrender value and current beneficiaries) () 10. Annuities () 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a parry with company) () 16. Employment termination benefits - severance pay, workman's compensation claim/award () 17. Profit sharing plans () 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, individual retirement accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) () 22. MilitaryNA benefits () 23. Education benefits () 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) () 26. Other 1J :N MARITAL PROPERTY Plaintiff, JENNIFER JANE FARR-LOY, lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item I Description of Property Number Names of All Owners 1 3944 Rauch St. Harrisburg, PA Jeffrey & Jennifer Loy 2 1996 Ford Thunderbird Jeffrey & Jennifer Loy 25 Household Goods Jeffrey & Jennifer Loy 19 IRA Jennifer Farr-Loy NON-MARITAL PROPERTY Plaintiff, JENNIFER JANE FARR-LOY, lists all property in which a spouse has a legal or equitable interest, which is claimed to be excluded from marital property: Item Description of Property I Reason for Exclusion Number fr PROPERTY TRANSFERRED Item Description of Date of Consideration Person to No. Property Transfer Whom Transferred LIABILITIES Item Names of All Names of All Number Description of Property Creditors Debtors JENNIFER JANE FARR-LOY, Plaintiff V. JEFFREY ABBOTT LOY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7450 CIVIL TERM IN DIVORCE PROOF OF SERVICE I, Austin F. Grogan, Esquire, hereby certify that on 1 2002,1 served a copy of the Plaintiff's Inventory by first class mail, postage prepaid addressed as follows: Jeffrey A. Loy 3944 Rauch Street Harrisburg, PA 1 71 09-2 22 6 Date'/ 4, v Z Austin F. Grogan, Esquire 24 North 32nd Street Camp Hill, PA 17011 (717) 737-1956 Attorney for Plaintiff ID #59020 ?- m r :- .? r, r- .._ w5? ?? ..i U?`- .... ?i? , 7?? ) Li.,'. ? li ?;? . L•. h r ? _. t? r JENNIFER JANE FARR-LOY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW VS. NUMBER: 99-7450 CIVIL TERM JEFFREY ABBOTT LOY, Defendant IN DIVORCE INVENTORY or JEFFREY ABBOTT LOY, DEFENDANT Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DEFENDANT ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemize the assets on the following pages. (X) 1. Real property (X) 2. Motor vehicles () 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit O 5. Checking accounts, cash () 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes () 8. Trusts () 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) () 10. Annuities () 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Business (list all owners, including percentage of ownership, and officer/ director positions held by a party with company) ( ) 16. Employment termination benefits-severance pay, worker's compensation claim/award () 17. Profit sharing plans () 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and un ( ) 22. Military/VA benefits O 23. Education benefits O 24. Debts due, including loans, mortgages held - () 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other persona as of the date this action was commenced: Item Description Number of Property 1. 2. 25. 19. Names of All Owners 3944 Rauch Street, Harrisburg, PA Jeffrey & Jennifer Loy 1996 Ford Thunderbird Household Goods IRA Jeffrey & Jennifer Loy Jeffrey & Jennifer Loy Jennifer Farr-Loy NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Description Reason for Number of Property Exclusion 25. All personal property purchased by Defendant since October, 1999 PROPERTY TRANSFERRED Item Number None Description Date of Consid- of Property Transfer eration LIABILITIES Names of All Creditors Citibank Item Description Number of Property 1. Credit card debt 2. Credit card debts to be provided Person to Whom Transferred Names of All Debtors Jeffrey Loy to be provided COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Pre-Trial Statement 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. Q ().L- DAT REY A BOTT LOY Di 1 G L ? C"i 'j ' O U JENNIFER JANE FARR-LOY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-7450 CIVIL TERM JEFFREY ABBOTT LOY, IN DIVORCE Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 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. 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 JENNIFER JANE FARR-LOY, Plaintiff V. JEFFREY ABBOTT LOY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7450 CIVIL TERM IN DIVORCE AMENDED DIVORCE COMPLAINT 1. The Plaintiff is JENNIFER JANE FARR-LOY, Social Security number 202-60- 8869, who currently resides at 6116 Charing Cross, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is JEFFREY ABBOTT LOY, Social Security number 187-50- 4026, who currently resides at 3944 Rauch Street, Harrisburg, Dauphin County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 19, 1991 at Snow Hill, Maryland. COUNT I - DIVORCE 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, Sections 3301(c), 3301(d), in that: a) The marriage is irretrievably broken. b) Plaintiff and Defendant have lived separate and apart since October 9, 1999 and continue to do so. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Defendant is not a member of the armed services. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs I through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from August 19, 1991, until October 9, 1999, the date of their separation, which property is "marital property". 12. Plaintiff and Defendant may have owned, prior to the marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property. COUNT III - COUNSEL FEES AND COSTS 14. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference as though set forth in full. 15. Plaintiff has retained the Law Offices of Austin F. Grogan but she is unable to pay the necessary and reasonable attorneys' fees for said counsel. 16. Plaintiff may need to hire experts to appraise the marital property but she lacks funds to pay the necessary and reasonable fees. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate, and at final hearing to award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully submitted, Date vV UV (( Austin F. Groga, Fsgtiire 24 North 32nd Street Camp Hill, PA 17011 (717) 737-1956 Attorney for Plaintiff I.D. #59020 VERIFY I, JENNIFER JANE FARR-LOY, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. 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 JENN ER J NE ARR-LOY \ - - 7 f`r C'6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JCu?n; kr.l?ne ?r? Loy Plaintif l l _7-7 SQ ci ?r I Vs File No. IN DIVORCE ?-fT Ir(,ct OT7 (.O Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/ defendant in the above matter, [select one by marking "x"] - prior to the entry of a Final Decree in Divorce, or x after the entry of a Final Decree in Divorce dated OIL ?/v hereby elects to resume the prior surname of r?'rr , and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704. Date: 2 b Signature Y HMI g . ?-a,, Signa ure of name being resumed COMMONWEALTH OFF PE?NNSYI,VANIA ) COUNTY OF ('/ Q - . c On the ZJ day ofJ lP Lfl- , 200 , before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. INOTAfiiAl- SEAL C:AUCIAA. bP.FWBAM.ER, NO TARYPUBLIC Carl::de Boro. Camberlano County N: rur,r,+ssion irpues April?, 2005 Px4t" _ 9,,, ??„?nr Notary Public Alu?? F^ c, -• G uC2 ?¢ IAn : rn u ? ? e LLtL LU L"i c +,Ij ^_ 1 ? V ° j U ?