HomeMy WebLinkAbout07-5542MATTHEW LOCY,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
vs. : NO. D - 5547 a ivi t Term
KELLY LOCY, CIVIL ACTION - LAW
Defendant. IN DIVORCE
N O T I C E TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take prompt action. You are warned that if you fail to
do so, the case may proceed without you and a decree of divorce or annulment may be
entered against you by the court. A judgment may also be entered against you for any
other claim or relief requested in these papers by the plaintiff. You may lose money or
property or other rights important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary at Domestic Relations Office, 13 North
Hanover Street, Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES-TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
MATTHEW LOCY,
Plaintiff,
VS.
KELLY LOCY,
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO.
CIVIL ACTION - LAW
IN DIVORCE
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITHIN-NAMED DEFENDANT:
You have been named as the Defendant in a Complaint in a divorce proceeding
filed in the Court of Common Pleas of Cumberland County. This notice is to advise you
that in accordance with Section 3302(d) of the Divorce Code, you may request the court
require you and your spouse to attend marriage counseling prior to a divorce being
handed down by the court. A list of professional marriage counselors is available at the
Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. You
are advised that this list is kept as a convenience to you and you are not bound to
choose a counselor from this list. All necessary arrangements and the cost of
counseling sessions are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your request for counseling
within twenty days of the date on which you receive this notice. Failure to do so will
constitute a waiver of your right to request counseling.
KOPE & ASSOCIATES, LLC
BY: LESLEY J. BEAM, ESQ.
ATTORNEY I.D. 91175
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
(beam@kopelaw.com
MATTHEW LOCY,
Plaintiff,
vs.
KELLY LOCY,
Defendant.
Attorney for Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
NO. d?- Ss'yz
: CIVIL ACTION - LAW
: IN DIVORCE AND CUSTODY
COMPLAINT IN DIVORCE AND CUSTODY
AND NOW comes the above-named Plaintiff, MATTHEW LOGY, by and through
his attorney, LESLEY J. BEAM, ESQ., and makes the following Complaint in Divorce
and Custody:
1. The Plaintiff is MATTHEW LOCY, an adult individual who currently resides
at 624 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. The Defendant is KELLY LOCY, an adult individual who currently resides
at 624 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. Both the Plaintiff and Defendant have been bona fide residents of the
Commonwealth of Pennsylvania for at least six (6) months immediately previous to the
filing of this Complaint.
4. The Plaintiff and Defendant were married on August 24, 1996, at the
Historical Peace Church in Camp Hill, Cumberland County, Pennsylvania.
5. The Parties separated on August 17, 2007 when Defendant informed
Plaintiff of her desire to end the marriage and move out of the marital residence.
6. Plaintiff has been in the military service of the United States or its allies
within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of
1940 and its amendments, specifically the United States Navy. Plaintiff is not currently
a member of the military service of the United States. Defendant has not been in the
military service of the United States or its allies within the provisions of the Soldiers' and
Sailors' Civil Relief Act of the Congress of 1940 and its amendments.
7. There has been no prior action for divorce or annulment instituted by
either of the parties in this or any other jurisdiction.
8. Plaintiff has been advised of the availability of marriage counseling and
the right to request that the Court require the parties to participate in counseling.
COUNTI
REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(c) OF THE DIVORCE CODE
9. The prior paragraphs of this Complaint are incorporated herein by
reference as though set forth in full.
10. The marriage of the parties is irretrievably broken.
WHEREFORE, if both parties file affidavits consenting to a divorce after (90)
ninety days have elapsed from the date of service of this Complaint, Plaintiff respectfully
requests that the Court enter a Decree of Divorce pursuant to § 3301(c) of the Divorce
Code.
2 of 6
COUNT 11
REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(d) OF THE DIVORCE CODE
11. The prior paragraphs of this Complaint are incorporated herein by
reference as though set forth in full.
12. The marriage of the parties is irretrievably broken.
13. The parties are living separate and apart, and at the appropriate time
Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for
at least two (2) years as specified in § 3301(d) of the Divorce Code.
WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of
Divorce pursuant to § 3301(d) of the Divorce Code.
COUNT 111
REQUEST FOR A FAULT DIVORCE UNDER § 3301(a)(2) OF THE DIVORCE CODE
14. The prior paragraphs of this Complaint are incorporated herein by
reference as though set forth in full.
15. Defendant has committed adultery.
16. This action is not collusive as defined by § 3309 of the Divorce Code.
WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of
Divorce pursuant to § 3301(a)(2) of the Divorce Code.
3 of 6
COUNT IV
REQUEST FOR A FAULT DIVORCE UNDER § 3301(a)(6) OF THE DIVORCE CODE
17. The prior paragraphs of this Complaint are incorporated herein by
reference as though set forth in full.
18. Defendant has offered such indignities to Plaintiff, who is the innocent and
injured spouse, so as to render Plaintiff's condition intolerable and life burdensome.
19. This action is not collusive as defined by § 3309 of the Divorce Code.
WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of
Divorce pursuant to § 3301(a) (6) of the Divorce Code.
COUNT V
REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER
§ 3502(a) OF THE DIVORCE CODE
20. The prior paragraphs of this Complaint are incorporated herein by
reference as though set forth in full.
21. Plaintiff and Defendant have acquired marital property as defined by the
Divorce Code, which is subject to equitable distribution pursuant to § 3502(x) of the
Divorce Code.
22. Plaintiff and Defendant have been unable to agree to the equitable
distribution of said property, as of the date of filing of this Complaint.
23. Plaintiff requests that the Court equitably divide, distribute, or assign the
marital property between the parties.
4of6
WHEREFORE, Plaintiff respectfully requests that the Court enter an order of
equitable distribution of marital property pursuant to § 3502(a) of the Divorce Code.
COUNT VI
REQUEST FOR CONFIRMATION OF CUSTODY UNDER if 3104(a)(2) AND 3323(b)
OF THE DIVORCE CODE
24. The prior paragraphs of this Complaint are incorporated herein by
reference as though set forth in full.
25. The parties are the parents of the following unemancipated children who
reside with Plaintiff and Defendant at the current time, though Defendant intends to
relocate shortly:
NAME AGE SEX D.O.B.
Julia Locy 10 years old Female 12/11/1996
Allison Locy 7 years old Female 11/20/1999
26. During the past five years, the children have resided with the following
persons and at the following addresses:
PERSONS ADDRESSES DATES
Matthew Locy 624 Allenview Drive July 2003 - Present
Kelly Locy Mechanicsburg, PA 17055
Matthew Locy 111 Village Square Drive 2001 - July 2003
Kelly Locy Shermansdale, PA 17090
Matthew Locy 5742 Weblin Drive 1999 - 2001
Kelly Locy Virginia Beach, VA 23462
5 of 6
27. Plaintiff has not participated as a party or witness, or in any other capacity,
in other litigation concerning the custody of the children in this or another court.
28. Plaintiff has no information of a custody proceeding concerning the
children pending in a court of this Commonwealth or any other state.
29. Plaintiff does not know of a person not a party to these proceedings who
has physical custody of the children or who claims to have custody, partial custody or
visitation rights with respect to the children.
19. The best interests and permanent welfare of the children will be served by
granting the requested relief.
WHEREFORE, Plaintiff respectfully requests that pursuant to §§ 3104(a)(2) and
3323(b) of the Divorce Code, the Court enter an Order awarding Plaintiff shared legal
custody and primary physical custody of the children.
Respectfully Submitted,
KOPE & ASSOCIATES
Date: o
Lesley a , E
6 of 6
VERIFICATION
I, Matthew Locy, the Plaintiff in this matter, have read the foregoing Complaint. I
verify that my averments in this Complaint are true and correct and based upon my
personal knowledge. I understand that any false statements herein are made subject to
the penalties of 18 Pa. C.S. 4904 relating to unswom falsifications to authorities.
Dated: CIA-1 to-'
Matthew Locy
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KOPE & ASSOCIATES, LLC
BY: LESLEY J. BEAM, ESQUIRE
ATTORNEY I.D. 91175
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
IbeamCa kouelaw.com
MATTHEW LOCY,
Plaintiff,
vs.
Attorney for Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
v a ??,?-.
. NO. o 7- d'c
KELLY LOCY, : CIVIL ACTION - LAW
Defendant. : IN CUSTODY
CUSTODY COMPLAINT
1. The Plaintiff is Matthew Locy, residing at 624 Allenview Drive, Mechanicsburg,
Cumberland County, Pennsylvania 17055.
2. The Defendant is Kelly Locy, currently residing at 624 Allenview Drive,
Mechanicsburg, Cumberland County, Pennsylvania 17055. Defendant is
expected to be moving from this address soon.
3. Plaintiff seeks primary physical and shared legal custody of the following
children:
NAME PRESENT RESIDENCE AGE
Julia Locy 624 Allenview Drive 10 years old
Mechanicsburg, PA D.O.B. 12/11/1996
Allison Locy 624 Allenview Drive 7 years old
Mechanicsburg, PA D.O.B. 11/20/1999
4. Julia Locy and Allison Locy (hereinafter the "children") were bom in wedlock.
5. The children are presently residing with Plaintiff and Defendant at 624 Allenview
Drive, Mechanicsburg, Pennsylvania 17055. Plaintiff has filed for divorce and
Defendant intends to vacate the marital home.
6. During the past five years, the children have resided with the following persons
and at the following addresses:
PERSONS
Matthew Locy
Kelly Locy
Matthew Locy
Kelly Locy
ADDRESSES
624 Allenview Drive
Mechanicsburg, PA 17055
111 Village Square Drive
Shermansdale, PA 17090
DATES
July 2003 - Present
2001 - July 2003
Matthew Locy 5742 Weblin Drive 1999 - 2001
Kelly Locy Virginia Beach, VA 23462
7. The mother of the children is Kelly Locy, residing at 624 Allenview Drive,
Mechanicsburg, Cumberland County, Pennsylvania 17055. She is married but
separated.
8.
9.
10
The father of the children is Matthew Locy, residing at 624 Allenview Drive,
Mechanicsburg, Cumberland County, Pennsylvania 17055. He is married but
separated.
The relationship of Plaintiff to the children is that of Father. Father currently
resides with Mother and the children, but is expecting Mother to leave the home
shortly.
The relationship of Defendant to the children is that of Mother. Mother currently
resides with Father and the children, but will be relocating shortly.
11. Plaintiff has not participated as a party in previous litigation concerning the
custody of the children.
12. Plaintiff does not know of a person not a party to the proceeding who has
physical custody of the children or claims to have custody or visitation rights with
respect to the children.
13. Plaintiff is requesting shared legal and primary physical custody of the children
subject to partial custody and/or visitation by Defendant.
14. The best interest and permanent welfare of the children will be served by the
granting relief requested because:
(a) The children have lived with their Father and Mother in the family
home since 2003. Remaining primarily in the home to which the
children have become accustomed will provide the children with a
sense of stability, safety, and structure that will be even more
important as the parties seek a divorce;
(b) Defendant has recently become involved in a relationship and has
been leaving the children and the home for expansive periods of
time. Recently, Defendant has not shown substantial responsibility
or care in raising the children. To the contrary, Plaintiff regularly
spends all available time, outside of work, raising his children;
(c) Plaintiff is able to provide a stable home and emotional
environment for the children; and
(d) Plaintiff has the facilities to provide for the care, comfort and control
of the children, as well as the intention and desire to do so.
15. Each parent whose parental rights to the children have not been terminated and
the persons who have physical custody of the children have been named as
parties to this action.
WHEREFORE, Plaintiff requests that this Honorable Court grant the following
relief:
(a) Award Plaintiff primary physical and shared legal custody of the children.
Respectfully Submitted,
KOPE & ASSOCUTES
Dated: By:
VERIFICATION
I, Matthew Locy, the Plaintiff in this matter, have read the foregoing Complaint.
verify that my averments in this Complaint are true and correct and based upon my
personal knowledge. I understand that any false statements herein are made subject to
the penalties of 18 Pa. C.S. 4904 relating to unswom falsifications to authorities.
Dated: o-7 /*,;Z? -4??
Matthew Locy
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MATTHEW LOCY IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V.
• 2007-5542 CIVIL ACTION LAW
KELLY LOCY
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Tuesday, September 25, 2007 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 25, 2007 at 9:30 AM
for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ ac ueline M. Verne Es q.
Custody Conciliator _fo
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY 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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
A4V se4
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W. 3 12007
KELLY A. LOCY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2007-5539 CIVIL ACTION - LAW
MATTHEW A. LOCY,
Defendant : IN CUSTODY
MATTHEW A. LOCY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO 2007-5542 CIVIL ACTION - LAW
KELLY A. LOCY,
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this Z day of ? cm , 2007, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The dockets are hereby consolidated.
4
2. A Hearing is sche ed in Cou oom No. , of the Cumberland
County Court House, on the day of , 2001, at 9.3 O
o'clock, I-. M., at which time testimony will be taken. or purposes of this Hearing,
the Mother shall be deemed to be the moving party and shall proceed initially with
testimony. Counsel for each party shall file with the Court and opposing counsel a
Memorandum setting forth each party's position on custody, a list of witnesses who will
be expected to testify at the Hearing and a summary of the anticipated testimony of each
witness. These Memoranda shall be filed at least ten days prior to the Hearing date.
3. Pending further Order of Court or agreement of the parties, the following
shall remain in full force and effect.
4. The Mother, Kelly A. Locy and the Father, Matthew A. Locy, shall have
shared legal custody of Julia A. Locy, born December 11, 1996 and Allison M. Locy,
born November 20, 1999. Each parent shall have an equal right, to be exercised jointly
with the other parent, to make all major non-emergency decisions affecting the
Children's general well-being including, but not limited to, all decisions regarding their
health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent
shall be entitled to all records and information pertaining to the children including, but
not limited to medical, dental, religious or school records, the residence address of the
children and the other parent. To the extent one parent has possession of any such
records or information, that parent shall be required to share the same, or copies thereof,
with the other parent within such reasonable time as to make the records and information
of reasonable use to the other parent. Both parents shall be entitled to full participation in
all educational and medical/treatment planning meetings and evaluations with regard to
the minor children. Each parent shall be entitled to full and complete information from
any physician, dentist, teacher or authority and copies of any reports given to them as
parents including, but not limited to: medical records, birth certificates, school or
educational attendance records or report cards. Additionally, each parent shall be entitled
to receive copies of any notices which come from school with regard to school pictures,
extracurricular activities, children's parties, musical presentations, back-to-school nights,
and the like.
5. The parents shall have shared physical custody on a week on/week off
basis. The exchange day and time shall be Friday after school. Father's week shall begin
November 2, 2007 and the parents shall alternate weeks thereafter.
6. Thanksgiving shall be alternated with Mother having physical custody of
the children in odd numbered years and Father having physical custody in even numbered
years.
7. Christmas shall be divided into two blocks. Block A shall be from 12:00
noon Christmas Eve to Christmas Day at 12:00 noon. Block B shall be from 12:00 noon
on Christmas Day to 12:00 noon on December 26. Mother shall have physical custody of
the children during Block A in odd numbered years and Block B in even numbered years.
Father shall have physical custody of the children during Block A in even numbered
years and Block B in odd numbered years.
8. In the event that the custodial parent is in need of a babysitter for more
than four hours, they must contact the non-custodial parent, within a reasonable time, and
offer said opportunity to the non-custodial parent.
9. The parties shall cooperate with family counseling. The Counselor shall
be determined from a list of participating counselors from Father's insurance company.
Counsel for the parties may assist in the selection of the counselor.
10. Neither party shall do anything or say anything, nor permit a third party
from doing or saying anything that may estrange the children from the other party, or
injure the opinion of the children as to the other party, or may hamper the free and natural
development of the children's love or affection for the other party.
11. Transportation shall be shared such that the receiving party shall transport.
12. The parties may modify this Order by mutual agreement. In the absence
of mutual consent, the terms of this Order shall control.
BY THE COURT,
fs .
Kevin . Hess, J.
cc: iz beth S. Beckley, Esquire, counsel for Mother
sley J. Beam, Esquire, counsel for Father
4
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OCT 31 W?
KELLY A. LOCY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2007-5539 CIVIL ACTION - LAW
MATTHEW A. LOCY,
Defendant : IN CUSTODY
MATTHEW A. LOCY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO 2007-5542 CIVIL ACTION - LAW
KELLY A. LOCY,
Defendant : IN CUSTODY
PRIOR JUDGE: Kevin A. Hess, J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Children who are the subject of
this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Julia A. Locy December 11, 1996 Mother
Allison M. Locy November 20, 1999 Mother
2. A Conciliation Conference was held October 30, 2007 with the following
individuals in attendance: The Mother, Kelly A. Locy, with her counsel, Elizabeth S.
Beckley, Esquire, and the Father, Matthew A. Locy, with his counsel, Lesley J, Beam,
Esquire.
3. The Honorable Kevin A. Hess previously entered Orders of Court dated
October 24, 2007 and October 30, 2007 in a PFA action docketed at No. 2007-6185. No
custody provisions were included.
4. Mother's position on custody is as follows: Mother seeks shared legal and
primary physical custody. Mother asserts that she has been the primary caregiver of the
4
children and that a shared physical custody arrangement would not provide stability or
consistency to the children.
5. Father's position on custody is as follows: Father seeks shared legal
custody and shared physical custody on a week on/week off schedule. He maintains that
he has been an involved parent, that the parties live in the same school district, only 2
miles apart, and that a week on/week off schedule would provide consistency and
stability to the children.
6. The Conciliator recommends an Order in the form as attached,
consolidating the dockets, scheduling a Hearing and ordering shared legal custody and
shared physical custody on a week on/week off basis. It is expected that the Hearing will
require one day.
l6 -3l 07
Date
h - vt,,?
cqu ine M. Verney, Esquire
Custody Conciliator
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KOPE & ASSOCIATES, LLC
BY: LESLEY J. BEAM, ESQ.
ATTORNEY I.D. 91175
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
(beam@kopelaw.com
MATTHEW LOCY,
Plaintiff,
vs.
KELLY LOCY,
Defendant.
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
: NO. 2007-5542
CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
AFFIDAVIT AND RETURN OF SERVICE
AND NOW comes Kope & Associates, LLC by LESLEY J. BEAM, attorney for Matthew
Locy, Plaintiff, and states that service of the Divorce Complaint in this matter was made by him
upon Defendant, Kelly Locy, by posting the same in the U.S. Mail, postage prepaid, at Camp
Hill, PA by Certified Mail No. 7004 2510 0007 6450 1523, Return Receipt Requested on
September 21, 2007, to her mailing address, at 624 Allenview Drive, Mechanicsburg, PA 17055
which mail was received by Defendant on October 3, 2007, all in accordance with PA.R.C.P.
412 and 403. The mailing receipt and the return receipt or true copies thereof of the acceptance
of service bearing the signature of the Defendant are attached hereto and made part hereof,
together with the cover letter mailed to Defendant. A
LESgY J. BEAM, Esq.
Attorney for Plaintiff
¦ Complete items 1, 2, and 3. Also complete A. Sign ture
item a If Restricted Delivery is desired. n 0 Agent
¦ Print your name and address on the reverse 0 Addressee
so that we can return the card to you.
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1 /game) C. Date of Delivery
or on the front if space permits. -
1. Article Addressed to: D. Is delivery a
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2. Article Number
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2510 0007 6450 1523
PS Form 3811, February 2004 Domestic Retam'gece10
102595-02-WI540
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Shane B. Kope, Esq. ¦ Jacob K Jividen, Esq. ¦ Lesley J. Beam, Esq.
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K o P E
ASSOCIATES
LAW OFFICES LLC
September 21, 2007
VIA REGULAR AND CERTIFIED MAIL
Kelly Locy
624 Allenview Drive
Mechanicsburg, PA 17055
Re: Locy v. Locy
No. 07-5542 (in divorce and custody)
Dear Ms. Locy,
I represent Matthew Locy in the above captioned matter for Divorce and Custody. Enclosed and
served upon you is the Divorce Complaint and Custody Complaint that have been filed with the
Cumberland County Court of Common Pleas. I am sending these papers to you directly because I
have no information that you are represented by an attorney.
I am also enclosing an Acceptance of Service for these Complaints. Please sign and return in the
enclosed self-addressed stamped envelope. If you do not either return the Acceptance of Service
or sign the receipt for the certified letter, this office will have to officially serve this Complaint by
Sheriff at your place of residence.
If you have any questions, please feel free to contact me. But, please be aware that I cannot give
you legal advice because I represent Mr. Locy. Thank-you for your kind attention to this matter.
Sincerely,
Kope
,17
Lesley J.16eani, Esquire
Enclosure
Cc: Matthew Locy
Smart Representation
466o Trindle Road ¦ Suite 201 ¦ Camp Hill, PA i7on
P 717.761.7573 ¦ F 717.761.7572 ¦ kopelaw.com
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MATTHEW A. LOGY, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2007-5542
KELLY A. LOGY, : CIVIL ACTION - LAW
Defendant : IN DIVORCE/CUSTODY
PRAECIPE TO WITHDRAW/ENTER APPEARANCE
TO THE PROTHONOTARY:
Please withdraw my appearance as counsel for the Defendant, Kelly A. Locy, in the above-
captioned action.
Date:_ &?Tjy
By.
et ui
& Madden
212 North Third Street
P.O. Box 11998
Harrisburg, PA 17108
(717) 233-7691
TO THE PROTHONOTARY:
Please enter the appearance of Courtney Kishel Powell., Esquire, on behalf of the
Defendant, Kelly A. Locy, in the above-captioned action.
Date: C7
By:
Courtney Kis el Pow
Attorney I.D. 1509
Post Office Box 65
Hershey, PA 17033
(717) 533-3280
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MATTHEW LOCY, )
Plaintiff )
V. )
KELLY LOCY, )
Defendant )
NO. 07-5542 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
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A complaint in divorce under §3301(c) of the Divorce Code was filed on
September 20, 2007.
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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 in divorce after service of notice of
intention to request entry of the decree.
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
§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 above are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
Date: -3 0 6k::? ? -
Matthew 1,6c-y, Plaintiff ?--
MATTHEW LOCY, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 07-5542 CIVIL TERM
KELLY LOCY, : CIVIL ACTION - LAW
Defendant : IN DIVORCE a 71
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AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Cow *as %9d off'
September 20, 2007. C:>
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2. The marriage of the Plaintiff and Defendant is irretrievably broken, and nin ety days
have elapsed from the date of both the 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.
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER 43301(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 above are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn
falsification to authorities.
Date: 1 0 (-'& %,?2
Kelly ALocyy, f ant
Lesley J. Beam, Esquire
HOWETT, KISSINGER & HOLST, P.C.
130 Walnut Street, P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Plaintiff, Matthew A. Locy
MATTHEW A. LOCY,
Plaintiff,
vs.
KELLY A. LOCY,
Defendant.
20N AN -1
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007-5542
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the court for entry of a divorce
decree:
1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code.
2. Date and manner of service of the complaint: Service by certified mail signed for by
Defendant on 10/3/2007; Affidavit of Service filed 11/8/2007.
3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce
Code: by Plaintiff, 3/25/2010; by Defendant, 3/22/2010.
4. Related claims pending: All claims resolved by Marital Settlement Agreement
dated 3/25/2010.
5. Date plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary:
3/26/2010; date defendant's Waiver of Notice in §3301(c) Divorce was filed with the
Prothonotary: 3/26/2010. 17 -
Date: 016 l1 (?
sle J Beam, Esquire
OW T, KISSINGER & HOLST, P.C.
130 Walnut Street, P. O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Plaintiff, Matthew A. Locy
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MATTHEW A. LOCY
V.
KELLY A. LOCY
NO. 2007-5542
DIVORCE DECREE
AND NOW, ll,,+? i3? zo iO , it is ordered and decreed that
MATTHEW A. LOCY plaintiff, and
KELLY A. LOCY , defendant, are divorced from the
bonds of matrimony.
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
None. The parties have executed a Marital Separation Agreement which is incorporated for
enforcement purposes only.
By the Court,
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P. J.
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MATTHEW A. LOCY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - DIVORCE
NO. 07-5542 CIVIL TERM
KELLY A. LOCY, IN DIVORCE -??
Defendant PACSES CASE: 791109638 -
1
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ORDER OF COURT -
AND NOW to wit, this 3rd day of May, 2010, it is hereby Ordered that the Alimony
Pendente Lite is terminated, effective April 13, 2010, pursuant to the parties' Divorce Decree.
The Alimony Pendente Lite account is closed with a credit of -$115.42 and said credit
will be directed to the child support account under PACSES Case #618109557 and docketed at
886S2007-
This Order shall become final twenty (20) days after the mailing of the notices of the
entry of the Order to the parties unless either party files a written demand with the Domestic
Relations Section for a hearing de novo before the Court.
BY THE COURT:
M. L. Ebert, Jr., J.
DRO: R.J. Shadday
xc: Petitioner
Respondent
Lesley J. Beam, Esq.
Courtney Kishel Powell, Esq.
Form OE-001
Service Type: M Worker: 21005