HomeMy WebLinkAbout04-1482
.:>
RONALD L. LOPER, JR.,
Plaintiff
* IN THE COURT OF COMMON PLEAS
* CUMBERLAND COUNTY,
* PENNSYLVANIA
*
CiV: i
,.-
IcV~
VS.
* NO. 04 - I'IV:)-..
*
Defendant
* CIVIL ACTION - LAW
* IN DIVORCE
WENDY C. LOPER,
NOTICE TO DEFEND
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, Cumberland County Court House, 1 Court
House Square, Carlisle, Pennsylvania, 17013-3387.
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 LAWYER REFERRAL SERVICE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
RONALD L. LOPER, JR.,
PIaintiff
. IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY,
. PENNSYLVANIA
.
vs.
.
NO. oq- /40-
*
WENDY C. LOPER,
Defendant
. CIVIL ACTION - LAW
. IN DIVORCE
COMPLAINT UNDER ~3301
OF THE DIVORCE CODE
1. Plaintiff is Ronald L. Loper, Jr. who currently resides at J 2 Marshall Drive, Apartment J-
19, Camp Hill, Cumberland County, Pennsylvania 1701\.
2. Defendant is Wendy C. Loper who currently resides at 1138 Laurel Avenue, Camp Hill,
Cumberland County, Pennsylvania 17011.
3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period
of more than six (6) months immediately preceding the filing of this Complaint.
4. The parties were married on December 19, 1992 and separated on February 29, 2004.
5. Neither Plaintiff nor Defendant is in the military or naval 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.
6. There has been no prior action for divorce or annulment instituted by either of the parties
in this or any other jurisdiction.
7. 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.
8. Plaintiff avers that there are no children of the parties under the age of eighteen.
COUNT I.
REQUEST FOR A F AUL T DIVORCE
UNDER s3301(a)(b) OF THE DIVORCE CODE
9. The prior paragraphs of this Complaint are incorporated herein by reference thereto.
10. Defendant has offered such indignities to Plaintiff, who is the innocent and injured
spouse, as to render Plaintitfs condition intolerable and life burdensome.
11. This action is not collusive as defined by 93309 of the Divorce Code.
WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to
Section 330 I (a)(b) of the Divorce Code.
COUNT II.
REQUEST FOR A No-F AUL T DIVORCE
UNDER S3301(c) OF THE DIVORCE CODE
12. The prior paragraphs of this Complaint are incorporated herein by reference thereto.
13. The marriage of the parties is irretrievably broken.
14. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff
intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an
affidavit.
WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have
elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a
Decree of Divorce pursuant to Section 3301(c) of the Divorce Code.
COUNT III.
REQUEST FOR A No-F AUL T DIVORCE
UNDER 9330I(d) OF THE DIVORCE CODE
15. The prior paragraphs of this Complaint are incorporated herein by reference thereto.
16. The marriage of the parties is irretrievably broken.
17. 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 years as specified in
Section 3301(d) of the Divorce Code.
WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to
Section 3301(d) ofthe Divorce Code.
COUNT IV.
REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
UNDER ~3323, ~3501, ~3502 and ~3503
OF THE DIVORCE CODE
18. The prior paragraphs of this Complaint are incorporated herein by reference thereto.
19. Plaintiff requests the Court to equitably divide, distribute or assign the martial property
between tbe parties without regard to marital misconduct in such proportion as the Court deems just after
consideration of all relevant factors.
WHEREFORE, Plaintiff respectfully requests tbe Court to enter an order of equitable distribution
of marital property pursuant to Sections 3323, 3501,3502 and 3503 oftbe Divorce Code.
COUNT V.
REQUEST FOR APPROV AL OF ANY SETTLEMENT AGREEMENT
AND INCORPORA nON THEREOF IN DIVORCE DECREE
UNDER SECTION 3104
OF THE DIVORCE CODE
20. Tbe prior paragrapbs oftbis Complaint are incorporated berein by reference tbereto.
21. Tbe public policy oftbe Commonwealtb of Pennsylvania encourages parties to a marital
dispute to negotiate a settlement oftbeir differences.
22. While no settlement has been reached as ofthe date of the filing of this Complaint,
Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with
Defendant.
23. To the extent tbat a written settlement agreement might be entered into between tbe parties
prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by
the Court and incorporated in any divorce decree which may be entered dissolving the marriage between
the parties.
WHEREFORE, if a written settlement agreement is reached between the Parties prior to the time
of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to Section 3104 of the Divorce
code, the Court approve and incorporate such agreement in the final divorce decree.
Respectfully submitted:
WILEY, LENOX, COLGAN
& MARZZA C .C.
r
BY:
Jknn"'c L. Frechette, Esquire
130 West Church Street, Suite 100
Dillshurg, PA 17019
(717) 432-9666
ID #87445
Date: L\\~\~
ATTORNEY FOR PLAINTIFF
. . .
\if\(\ ViCAl'\ON
I, Ronald L. Loper, Jr. hereby swear and affirm that the facts contained in the foregoing
Complaint for Divorce are true and correct and are made subject to the penalties of 18 Pa. C.S.
Sec. 4904 relating to unsworn falsification to authorities.
Date: .../s /01
RO~O!~.
~
~
A(\~
~
~
-{ ~
--!\ M
" <i'
(,. J
",\
\
-.....
o
(
b
~~
.
rt
r;) ,...,.)
__ C,_)
C:.') C)
_- -'1
J""
:~
_"oj r-I-i
, -:..:
~_.J
-,..-, -~
(3
r,:;_)
( =-~;
C,,',
F,\FrLES\DA T AFH.E\Genera1\Currem\11262_I.petioninrelltde
Created; 7/28/044:02PM
Revised: 8/2/044:53PM
112621
~
AUG n 3 lC04
RONALD L. LOPER, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO. 04-1482 CIVIL ACTION _ LAW
WENDY C. LOPER,
Defendant
IN DIVORCE
AND NOW, this h.... ~aY of
Petition for Special Relief, it is hereby 0
ORD R
,2004, upon consideration of the Plaintiffs
ERED and DECREED that Defendant is hereby
enjoined and restrained from encumbering, dissipating, selling or otherwise alienating any and all
marital assets ofthe parties, including, but not limited to, the assets in the former marital residence
until further Order of the Court, and Plaintiff is permitted to enter upon the property and shall have
exclusive possession of the property until further Order of Court. It is further ordered that the
Cumberland County Sheriffs Office will seize and attach the fixtures Wife removed from the
marital residence, including the refrigerator, stove, washer and dryer, dishwasher, freezer, lighting,
t ~',IT L.vtt J~. ...- 1"-----.:_.. _ft! . '1 ..
and bathroom cabinets.--:. ~ '0 h~_n"v v.<k._d tv "'" IIu.t>an~rs "",mon' rUB iR lli- n~nlllll ~
BY THE COURT,
q
f.
, J.
V:~,i\l/:lAS;\;{?d
ALr.lrjC,:'~'
SI] :8 f~V 6- 511\1 ~OOZ
).j::NIOi'~UHl.Cdd 3Hl :10
3J!~:!O-{]3ll:l
RONALD L. LOPER, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.04-1482 CIVIL ACTION - LAW
WENDY C. LOPER,
Defendant
IN DIVORCE
PETITION FOR SPECIAL RELIEF
AND NOW, comes the Petitioner, Ronald L. Loper, Jr., (hereinafter, "Husband") by and
through his attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and files this Petition for
Special Relief as follows:
I. Petitioner is the Plaintiff (hereinafter "Husband''') in the above captioned divorce
action.
2. Respondent is Defendant (hereinafter "Wife") in the above captioned divorce action.
3. Husband filed a Complaint in Divorce on April 7, 2004, requesting economic relief,
including a request for equitable distribution.
4. Husband and Wife have a marital residence located at 1138 Laurel Avenue,
Camp Hill, P A 170 II. (See pictures of the marital residence as it existed at separation, attached
hereto as Exhibit "A").
5. Upon separation, Husband moved out of the marital residence, taking his clothing and
a few items of furniture.
6. Husband allowed Wife to have exclusive possession ofthe marital residence pending
further Order of Court when he consented to a no-contact P.F.A. Order on April 7, 2004.
7. Husband has learned that Wife abandoned the marital residence in June or July of
2004 to move in with a paramour.
8. When Wife left the marital residence, she took everything, including fixtures such
as the stove, refrigerator, washer and dryer, dishwasher, freezer, li'ghting, and cabinet fixtures.
9. In addition to stripping the house of fixtures and aU personal property, Wife, or an
agent of Wife, destroyed the home by spray painting obscenities about Husband all over the walls
and doors, leaving toilets and bathtubs filled and dirty, permanently staining the new carpeting, and
leaving holes in walls with live wires sticking out. (See pictures of the marital residence in the
condition Wife left it after moving out, attached hereto as Exhibit "B").
10. Wife also failed to pay the mortgage since separation, even though she was receiving
over $2,200.00/month in support (including a mortgage adjustment) since April, and she did not pay
any utility bills or maintain the property.
II. It is believed that teenagers and young adults may be partying at night in the house,
and there is underage drinking and illegal drug use occurring on the property.
12. Husband has paid a significant amount of money to save the house from foreclosure,
although Wife has already caused a devastating decline in value ofthe property.
13. Based upon Wife's previous acts, Husband believes that Wife will further destroy the
marital residence.
14. Husband further believes that Wife will sell, destroy, dissipate, alienate or encumber
other marital property of the parties, including the personal prope:rty and fixtures she removed from
the home.
15. Section 3323 (f) ofthe Divorce Code provides in relevant part:
In all matrimonial causes, the court shall have full equity power and
jurisdiction and may issue i~unctions or other orders which are
necessary to protect the interests of the parties or to effectuate the
purposes of this party, and may grant such other relief or remedy as
equity and justice require against either party. . . .
16. Section 3505 (a) of the Divorce Code provides:
Where it appears to the court that a party is about to leave the
jurisdiction of the court or is about to remove property of that party
from the jurisdiction of the court or is about to dispose of, alienate or
encumber property in order to defeat equitable distribution, alimony
pendente lite, alimony, child and spousal support or a similar award,
an injunction may issue to prevent the removal or disposition and the
property may be attached as prescribed by general rules.
17. Pennsylvania Rule of Civil Procedure 1920.43 (a) provides:
At any time after the filing ofthe complaint, on petition setting forth
the facts entitling the party to relief, the court may, upon such terms
and conditions as it deems just, including the filing of security,
(l) issue preliminary or special i~uncti()ns necessary to prevent
the removal, disposition, alienation or encumbering of real or
personal property in accordance with Rule 1531 (a), (c), (d)
and (e); or
(2) order the seizure or attachment of real or personal property;
or
(3) grant other appropriate relief.
WHEREFORE, Petitioner, Husband, respectfully requests that this Honorable Court grant
the within Petition for Special Relief and enjoin and restrain Wife from selling, destroying,
encumbering, dissipating, selling or otherwise alienating any and all marital assets of the parties, and
grant Husband sole and exclusive possession of the parties' marital residence. Husband further
requests the Court to seize and attach the fixtures Wife removed from the marital residence,
including the refrigerator, stove, washer and dryer, lighting, cabinets, dishwasher, freezer, and to
order Wife to pay Husband's counsel fees in the amount of$I,OOO.OO for the prosecution of this
matter.
Respectfully submitted,
MARTSON DEARDORFF WILLIAMS & OTTO
By
Jenni r . Spears, Esquire
J.D. 8 445
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: August 3, 2004
Attorneys for Plaintiff
(hp]e
j n v e n t
photo proof sheet
3 simple steps to print photos from memory card
step 1:
hp psc 2410xi
all-in-one
to select photoes), fill in bubble(s) underneath with a dark pen.
OO~]
(lp]8
i n v e n t
photo proof sheet
3 simple steps to print photos from memory card
hp psc 241 Oxi
alHn-one
. .
.
. .
. .
. .
. .
.
.
o 83 Mar 28 2004 084 Mar 28 2004 085 Mar 28 2004 C> 86 Mar 28 2004 087 Mar 28 2004
DSCOOO91.JPG DSCOO092.JPG DSCOO093.JPG DSC00094.JPG DSCOOO95.JPG
.
. .
. .
. .~
. ..
.
. .
. . .
. .
. .
. .
089 Mar 28 2004 090 Mar 28 2004 C) 91 Mar 28 2004 092 Mar 28 2004
DSC00097.JPG DSC00098.JPG DSC00099.JPG DSCooloo.JPG
Il. I.:
~ ~e"< ~ ---
OO~]
step 1:
to select photoes), fill in bubble(s) underneath with a dark pen.
.
.
.
.
.
.
o 93 Mar 28 2004
DSCoolO1.JPG
step 2: ,-- I[ J r--ili ,-ll]
, I' J
L_JL- ' '
1 i
select print options. 4x6 DC] ,----~-_. . JI
'- ]0 1'__ L_
select only one choice 0 r-,r-.-, I--!
LJLJ 1_ __J
0 0 0 0
r-""-------l
l______J
i-I
LJ
o
D
o
step 3:
place sheet on scanner glass at front right corner.
Press proof sheet, then 2.
]
EXHIBIT "B"
,
VERIFICATION
The foregoing Petition for Special Relief is based upon information which has been gathered
by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and
not my own. I have read the document and to the extent that it is based upon information which I
have given to my counsel, it is true and correct to the best of my knowledge, information and belief.
To the extent that the content of the document is that of counsel, I have relied upon counsel in making
this verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which providf:s that if I make knowingly false
averments, I may be subject to criminal penalties.
Rona)~~e;;~ .
F:\FlLESIDATAFILE\General\Currentl! 1262-1_petioninrel
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Petition for Special Reliefwas served this date by depositing
same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Ms. Wendy C. Loper
3636 Taneytown Road
Gettysburg, P A 17325
Ms. Wendy C. Loper
1138 Laurel Avenue
Camp Hill, P A 170 II
Richard C. Rupp, Esquire
355 N. 21 st St., Suite 205
Camp Hill, PA 17011
Attorney of Record for Defendant
MARTS ON DEARDORFF WILLIAMS & OTTO
y . IJ ~4/U~~
Tricia D. Eckerrroad
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Dated: August 3, 2004
(')
C.
""
C,::)
.;7..::'
.J:".-
"..
(,
I irl
(.,' U
I~.'
.
,",,"J "iil
0",
C)
..n
'-I
J!
,
.,
RONALD L. LOPER, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.04-1482 CIVIL ACTION - LAW
WENDY C. LOPER,
Defendant
IN DIVORCE
PETITION TO MODIFY ORDER OF COURT
AND NOW, comes the Petitioner, Ronald L. Loper, Jr.., (hereinafter, "Husband") by and
through his attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and files this Petition for
Special Relief as follows:
I. Petitioner is the Plaintiff (hereinafter "Husband") in the above captioned divorce
action.
2. Respondent is Defendant (hereinafter "Wife") in the above captioned divorce action.
3. On August 6, 2004, the Honorable George E. Hoffer signed an Order granting
Husband sole and exclusive possession of the marital residence and enjoining Wife from selling,
destroying, encumbering, dissipating, selling or otherwise alienating any and all marital assets of the
parties.
4. The Order further directed the Sheriffs Office to seize and attach the fixtures Wife
removed from the marital residence, including the refrigerator, stove, washer and dryer, lighting,
cabinets, dishwasher, freezer.
5. Petitioner respectfully requests that the Court's August 6'\ 2004, Order be modified
to eliminate the portion ordering the Sheriff s Office to seize and attach the property at issue in this
case.
6. Husband is willing to allow Wife to retain possession of the aforementioned items
so long as she is held accountable for the items and/or their value upon equitable distribution.
WHEREFORE, Petitioner, Husband, respectfully reqm:sts that this Honorable Court grant
the within Petition to Modify Order to omit the portion of this Court's August 6, 2004, Order
directing the Sheriffs Office to seize and attach the fixtures Wife removed from the marital
residence, including the refiigerator, stove, washer and dryer, lighting, cabinets, dishwasher, freezer.
Respectfully submitted,
MARTS ON DEARDORFF WILLIAMS & OTTO
By
Jennifer . Sp ars, Esquire
J.D. 87445
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Date: August 18, 2004
Attorneys for Plaintiff
VERIFICATION
Jennifer L. Spears, Esquire, ofthe firm of MAR TSON DEARDORFF WILLIAMS & OTTO,
attorneys for Plaintiff in the within action, certifies that the statements made in the foregoing Petition
to Modify Order of Court are true and correct to the best of her lmowledge, information and belief.
She understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section
4904 relating to unsworn falsification to authorities.
/If)
F:\FILES\DA T AFILE\GeneraJ\Current\] 1262_1 pctrnodorderl. wpd
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Petition to Modify Order of Court was served this date by
depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as
follows:
Ms. Wendy C. Loper
3636 Taneytown Road
Gettysburg, P A 17325
MARTS ON DEARDORFF WILLIAMS & OTTO
- . (/J Wy/l/lnJ!.
cia D. Eckem'Oad .
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
~
Dated: August 18,2004
s:?~ c(;
c::- _-1
,
;' ~ '1
-..;:'
C~j
-~'.J
l''';'-'
cr~
RONALD L. LOPER, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.04-1482 CIVIL ACTION - LAW
WENDY C. LOPER,
Defendant
IN DIVORCE
PETITION TO MODIFY ORDER OIr COURT
AND NOW, comes the Petitioner, Ronald L. Loper, Jr." (hereinafter, "Husband") by and
through his attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and files this Petition for
Special Relief as follows:
I. Petitioner is the Plaintiff (hereinafter "Husband") in the above captioned divorce
action.
2. Respondent is Defendant (hereinafter "Wife") in the above captioned divorce action.
3. On August 6, 2004, the Honorable George E. Hoffer signed an Order granting
Husband sole and exclusive possession of the marital residence and enjoining Wife from selling,
destroying, encumbering, dissipating, selling or otherwise alienating any and all marital assets ofthe
parties.
4. The Order further directed the Sheriff s Office to seize and attach the fixtures Wife
removed from the marital residence, including the refrigerator, stove, washer and dryer, lighting,
cabinets, dishwasher, freezer.
5. Petitioner respectfully requests that the Court's August 6th, 2004, Order be modified
to eliminate the portion ordering the Sheriff s Office to seize and attach the property at issue in this
case.
6. Husband is willing to allow Wife to retain possession of the aforementioned items
so long as she is held accountable for the items and/or their value upon equitable distribution.
WHEREFORE, Petitioner, Husband, respectfully requests that this Honorable Court grant
the within Petition to Modify Order to omit the portion of this Court's August 6, 2004, Order
directing the Sheriffs Office to seize and attach the fixtures Wife removed from the marital
residence, including the refrigerator, stove, washer and dryer, lighting, cabinets, dishwasher, freezer.
Respectfully submitted,
MARTS ON DEARDORFF WILLIAMS & OTTO
By
Jennifer . Sp ars, Esquire
J.D. 87445
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: August 18, 2004
Attorneys for Plaintiff
VERIFICATION
Jennifer L. Spears, Esquire, ofthe firm of MAR TSON DEARDORFF WILLIAMS & OTTO,
attorneys for Plaintiff in the within action, certifies that the statements made in the foregoing Petition
to Modify Order of Court are true and correct to the best of her knowledge, information and belief.
She understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section
4904 relating to unsworn falsification to authorities.
F:\FILES\DATAFILE\Gcneral\Current\] 1262-] .petrnodorderl. wpd
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Petition to Modify Order of Court was served this date by
depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as
follows:
Ms. Wendy C. Loper
3636 Taneytown Road
Gettysburg, P A 17325
MARTSON DEARDORFF WILLIAMS & OTTO
-- '(/J IZ // Wn-{
cia D. Eckenroad U4L;f
~/ Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Dated: August 18, 2004
~~
......')
;~::~
_,C- --I
".
0:)
-'U
G"
F:\FILESIDA T AFILE\GenerallCurreotl 11262-1.petmodorderl. wpdltde
Created: 7128/04 4:02PM
Revised: 8/18/04 3:35PM
]1262.]
AUG 1 9 20041'
RONALD L. LOPER, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO.04-1482 CIVIL ACTION - LAW
WENDY C. LOPER,
Defendant
IN DIVORCE
AND NOW, this ~~~ of
,2004, upon consideration of the Plaintiffs
Petition to Modify Order of Court, it is hereb ORDERED and DECREED that this Court's Order
of August 6th, 2004, is modified to the following: Defendant is ht::reby e~oined and restrained from
encumbering, dissipating, selling or otherwise alienating any and all marital assets of the parties,
including, but not limited to, the assets in the former marital residence until further Order of the
Court, and Plaintiff is permitted to enter upon the property and shall have exclusive possession of
the property until further Order of Court. Wife may retain possessJion of the items she removed from
the marital residence, including the refrigerator, stove, washer and dryer, dishwasher, freezer,
lighting, and bathroom cabinets, but will be held accountable for these items and/or their value upon
equitable distribution of the marital estate.
BY THE COURT,
Copies to:
...r1 ennifer L. Spears, Esquire, Counsel for Plaintiff,
Martson Deardorff Williams & Otto, Ten East High Street, Carlislle, PA 17013 >
.;Wendy C. Loper, Defendant, Pro Se, 3636 Taneytown Road, Gettysburg, P A 17325
~
VlNVAlASNN3d
AlNno:J GNlfli.fJ8/1'4no
~o :6 WV 9Z 90V ~66Z
^!N1O~. OOd 3Hl :JO
3vu..:rtrO:111:1
...
f:\FlLES\DAT ,\f.'ILE\G"lleraIICIJ(renfIJ] 162.1.lIlsa t. "Jld
C~"ated, Jj)lllj)~ >:I;12AM
Re,.i.~ed: 1219/04 2;JJP1\l
Jennifer L. Spears, Esquire
I.D. 87445
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
RONALD L. LOPER, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.04-1482 CIVIL ACTION - LAW
WENDY C. LOPER,
Defendant
IN DIVORCE
MARITAL SETTLEMENT AGREEMENT
THIS MARITAL SETTLEMENT AGREEMENT, made this ~\
~(O,\~I\
day of
, 2004, by and between RONALD L. LOPER, JR., of Camp Hill,
Cumberland County, Pennsylvania (hereinafterreferred to as "Husband") and WENDY C. LOPER,
of Gettysburg, Adams County, Pennsylvania (hereinafter referred to as "Wife"):
WITNESSETH:
WHEREAS, the parties were married on December 19, 1992 III Mechanicsburg,
Pennsylvania;
WHEREAS, no children have been born of the marriage ofthe parties;
WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the
parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto
are desirous of settling fully and finally their respective financial and property rights and obligations
as between each other, including, without limitation by specification: the settling of all matters
1
between them in relation to the ownership and equitable distribution of real and personal property;
settling of all matters between them relating to the past, present and future SUPPOlt, alimony and/or
maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all
claims and possible claims by either party against the estate of the other party.
NOW, THEREFORE, in consideration of the premises and of the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable consideration,
receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each
intending to be legally bound hereby covenant and agree as follows:
1. INTERFERENCE: Each party shall be free from interference, authority, and contact
by the other, as fully as though he or she were single and unmarried, except as may be necessary to
carry out the provisions of this Agreement. Neither party shall molest the other or attempt to
endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass
or malign the other, nor in any way interfere with the peaceful existence, separate and apart fi'om the
other.
2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement
shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense
as may be available to either party. This Agreement is not intended to condone and shall not be
deemed to be a condonation on the part of either party hereto of any act or acts on the part of the
other party which have occasioned the disputes or unhappy differences.
3. SUBSEOUENT DIVORCE: The parties hereby acknowledge that Husband filed
a Complaint in Divorce in Cumberland County, Pennsylvania on April 7, 2004, claiming that the
marriage is irretrievably broken under Section 330l(c) of the Pennsylvania Divorce Code. The
parties hereby express their agreement that the marriagc is irretrievably broken and express their
intent to execute any and all Affidavits or other documents necessary for the parties to obtain an
absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all
2
rights to request court ordered counseling under the Divorce Code. It is further specifically
understood and agreed by the parties that the provisions of this Agreement as to equitable
distribution of property of the parties are accepted by each party as a full and final settlement for all
purposes whatsoever, as contemplated by the Pennsylvania Divorce Code.
Should a decree, judgment or order of divorce be obtained by either of the parties in this or
any other state, country or jurisdiction, each of the parties hereby consents and agrees that this
Agreement and all of its covenants shall not be affected in any way by such separation or divorce;
and that nothing in any such decree, judgment, order or further modification orrevision thereof shall
alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall
remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and
to be forever binding and conclusive upon the parties.
4. INCORPORA nON OF DIVORCE DECREE: It is further agreed, covenanted
and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree
hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been
or may be instituted by the parties for the purpose of enforcing the contractual obligations of the
parties. This agreement shall not be merged in any such decree but shall in all respects survive the
same and be forever binding and conclusive upon the parties.
5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of
execution" or "execution date," defined as the date upon which it is executed by the parties if they
have each executed this Agreement on the same date. Otherwise, the "date of execution" or
"execution date" of this Agreement shall be defined as the date of execution by the party last
executing this Agreement.
6. DISTRIBUTI ON DATE: The transfer of property, funds and! or documents provided
for herein, shall only take place on the "distribution" date which shall be defined as the date of
execution of this Agreement unless otherwise specified herein. However, the support and/or alimony
payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement.
3
7. MUTUAL RELEASE: Husband and Wife each do hereby mutually remIse, release,
quit-claim and forever discharge the other and the estate of such other, for all time to come, and for
all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the
property (including income and gain from property hereafter accruing) of the other or against the
estate of such other, of what ever nature and wheresoever situated, which he or she now has or at any
time hereafter may have against the other, the estate of such other or any part hereof, whether arising
out of any former acts, contracts, engagements or liabilities of such other or by way of dower or
courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family
exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's
will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of
a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a)
Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or
any rights which either party may have or at any time hereafter shall have for past, present or future
support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or
expenses, whether arising as a result of the marital relations or otherwise, except, all rights and
agreements and obligations of whatsoever nature arising or which may arise under this Agreement
or for the breach of any provisions thereof. It is the intention of Husband and Wife to give each
other by the execution ofthis Agreement a full, complete and general release with respect to any and
all property of any kind or nature, real, personal or mixed, which the other now owns or may
hereafter acquire, except and only except all rights and agreements and obligations of whatsoever
nature arising or which may arise under this Agreement or for the breach of any provision thereof.
It is further agreed that this Agreement shall be and constitute a full and final resolution of any and
all claims which each of the parties may have against the other for equitable division of property,
alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the
Pennsylvania Divorce Code or the divorce laws of any other jurisdiction.
8. REPRESENT A TION BY COUNSEL: This Agreement has been prepared by
Jennifer L. Spears, Esquire, of Marts on Deardorff Williams & Otto, counsel for HUSBAND. At the
commencement of and at all stages during the negotiation of this Agreement, WIFE has been
4
informed that Jennifer L. Spears, Esquire has acted solely as counsel for HUSBAND and has not
advised nor represented WIFE in any manner whatsoever. WIFE, at the commencement of and at
all stages during the negotiation of this Agreement, has been advised that she could be represented
by counsel but at all times has elected not to be so represented. WIFE has read this Agreement
carefully and thoroughly, fully understanding eachofits provisions, and therefore signs it clearly and
voluntarily. HUSBAND has been counseled by his attorney, and the parties together have come up
with the following agreement. The parties acknowledge that this Agreement is not the result of any
duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties
further acknowledge that they have each made to the other a full and complete disclosure of their
respective assets, estate, liabilities, and sources of income and that they waive any specific
enumeration thereof for the purposes of this Agreement.
9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that
they have not heretofore incurred or contracted for any debt or liability or obligation for which the
estate of the other party may be responsible or liable except as may he provided for in this
Agreement. Each party agrees to indemnify and hold the other party harmless from and against any
and all such debts, liabilities or obligations of every kind which may have heretofore been incurred
by them, including those for necessities, except for the obligations arising out of this Agreement.
1 O. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife covenant,
warrant, represent and agree that, with the exception of obligations set forth in this Agreement,
neither of them shall hereafter incur any liability whatsoever for which the estate of the other may
be liable. Each party shall indemnify and hold harmless the other party from and against any and all
debts, charges and liabilities incurred by the other after the execution date of this Agreement, except
as may be otherwise specifically provided for by the terms ofthis Agreement.
11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have
divided between them, to their mutual satisfaction, the personal effects, household furniture and
furnishings, and all other articles of personal property which have heretofore been used by them in
5
common, and neither party will make any claim to any such items which are now in the possession
or under the control of the other. Upon receipt of the $16,000 pursuant to Paragraph 20, Wife will
immediately deliver to Husband's counsel the remote for the home alarm system.a!l.t1 tll~ geM v:> l-. It\..
oortftiB~ [lVllllht;; filluily room of [he [[uil~LL\.l rEEig~ll('('
By these presents, each of the parties hereby specifically waives, releases, renounces and
forever abandons whatever claims he or she may have with respect to any personal property which
is in the possession ofthe other, and which shall become the sole and separate property ofthe other
from the date of execution hereof.
12. DIVISION OF REAL PROPERTY: The parties jointly own a marital residence at
1138 Laurel Avenue, Camp Hill, Cumberland County, Pennsylvania. Pursuant to a Court Order
dated August 25, 2004, Husband has sole and exclusive possession of the marital residence. Upon
or immediately following Wife's vacating of the home onor about June 14, 2004, at which time she
had exclusive possession ofthe marital residence, significant damage was done to the home totaling
approximately $11,400.00. Husband will assume the costs to repair the damage to the home.
Furthermore, the parties acknowledge that Husband paid approximately $5,000.00 to get the
mortgage current from the period when Wife lived in the home at the time of separation until on or
about June 14,2004. For these reasons, Husband will keep the home, and simultaneously with the
execution of this Agreement, Wife shall sign a deed prepared by counsel for Husband conveying all
her interest in, right and title to the marital residence at 1138 Laurel A venue, Camp Hill, Cumberland
County, Pennsylvania. Husband agrees to refinance t~e mortgage or otherwise obtain Wife's release
. \N\\0i'\ l\JSI)(i.,U cieL;cie~ t1)\\!\( ;;WLe lWtVIW (f\\11fVlQJ h~~ sto.\f . ..1:
o. nee he IS able to do so.., . ./ ~ I' 1&-.1, 1\ fer' 7Y> ""lDJ)/t; lV1(::e ':t1:Sec1 0.1 Ct..0fV1Hjf(j)
.flY', t O~1P r l I- h iN \ -i( s tvlCJ':l.\J'fy UI.'f I1tYrYle.. I.'-^1'1('(t I ":tV ev. L" I .
'the parties also own a timeshare in Las Vegas, Nevada, which is now in the process ofbeing~~ ~
or will very shortly be, foreclosed upon. Husband and Wife agree to execute upon demand a deed V::l.tvi .
in lieu of foreclosure, should the mortgage company decide to accept it, or will thereafter let the L>> 1--. 17.L
timeshare go into foreclosure because neither has the money to get it out of foreclosure and either
keep it or sell it. However, Husband will be solely responsible for negotiating the foreclosure terms,
therefore Wife agrees to execute a deed or any other necessary documents to release her claim, right
and interest in the timeshare.
6
13. BANK ACCOUNTS. CERTIFICATES OF DEPOSIT AND LIFE INSURANCE:
Husband and Wife acknowledge that all joint bank accounts have been closed and divided to their
mutual satisfaction. They hereby agree that each shall become sole owner of their individual bank
accounts, certificates of deposit and life insurance policies, and they each hereby waive any interest
in, or claim to, any funds held by the other in any bank accounts, certificates of deposit and the cash
value of the other's life insurance policies.
14. MOTOR VEHICLES: As soon as permitted by the lien holder, Wife shall execute
the title to the parties' 2001 Lincoln LS transferring all her right, ownership and interest in the
vehicle to Husband. The parties acknowledge that there was extensive damage done to the vehicle
while in Wife's possession, for which Husband will assume the costs of repair and to get the vehicle
out of repossession.
15. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and
enjoy, independently of any claim or right of the other, all items of property, be they real, personal
or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him
or her to dispose ofthe same as fully and effectively, in all respects and for all purposes as though
he or she were unmarried.
16. INCOME TAX: Husband and Wife agree to file separate tax returns for the tax year
2004. Both parties agree that in the event any deficiency in Federal, State or local income tax is
proposed, or any assessment of any such tax is made against either ofthem, each will indemnify and
hold harmless the other from and against any loss or liability for any such tax deficiency or
assessment and any interest, penalty and expense incurred in connection therewith. Such tax,
interest, penalty or expense shall be paid solely and entirely by the individual who is finally
determined to be the cause of the misrepresentations or failures to disclose the nature and extent of
his or her separate income on the aforesaid joint returns.
7
17. APPLICABILITY OFT AX LAW TO PROPERTY TRANSFERS: The parties
hereby agree and express their intent that any transfer of property pursuant to this Agreement shall
be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"),
specifically, the provisions of said Act pertaining to the transfers of property between spouses and
former spouses. The parties agree to sign and cause to be filed any elections or other documents
required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this
Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions
of said Act.
18. WAIVER OF ALIMONY: Except as otherwise provided herein, Husband and
Wife recognize and acknowledge that the foregoing provisions for their individual benefit are
satisfactory with regard to support and maintenance, past, present and future. The parties release and
discharge the other absolutely and forever for the rest oftheir lives for all claims and demands, past,
present or future, for alimony, alimony pendente lite or for any provisions for support and
maintenance. The parties further acknowledge that in consideration of the transfers made herein,
each completely waives and relinquishes any and all claims and/or demands they may now have or
hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and
court costs, except for alimony pendente lite or spousal support payable by Husband to Wife prior
to the date of execution of this Agreement.
19. PENSIONS / RETIREMENT/ INVESTMENT ACCOUNTS: Husband will
retain his 401k, in and to which Wife will waive any and all right.
20. CASH PAYMENT TO WIFE: Upon the execution ofthis Agreement, Husband
will request a withdrawal/loan from his 401k in the amount of$16,000, which he shall pay to Wife
as soon as he receives it. Husband has been informed it may take approximately two (2) weeks to
receive the funds. Husband shall also pay to Wife an additional $4,800 in February 2005 in full
consideration of the transfers made herein and the debts taken by each party.
8
21. MARITAL DEBT: Husband and Wife acknowledge and agree that they have no
outstanding marital debts and obligations of the Husband and Wife incurred prior to the signing of
this agreement, except as follows:
PERSON(S) NOW
DESCRIPTION AMOUNT RESPONSIBLE
A. ABN AMRO mortgage approx. $129,000.00 H&W
B. Waypoint Bank auto loan approx. $21,100.00 (10/04) H&W
c. Las Vegas timeshare approx. $5,000.00 H&W
D. Sears account $896.00 (2/04) W
No. 03 62105 07538 0
E. Victoria's Secret $171.00 (2/04) W
No. 889-605-887
F. IC Penney's $412.00 (9/04) H&W
No. 089 746 69261
G. Chadwick's $195.00 (2104) W
No. 132641 523
H. Alarm System Approx. $2,800.00 (9104) H&W
No. 554616
!. Bon Ton $1,413 .83 (2/04) W
No. 088103767
J. Texaco $100.66 (2/04) H&W
No. 1178412837
K. Gordon's $718.58 (2/04) H
No. 6035 25304248 3678
L. Lowe's $2,015.02 (2/04) W
No. 822 2239 052695 6
M. Bank One $1,453.88 (2/04) W
No. 5544 5300 0838 6656
N. Capital One $831.34 (2/04) H
No. 5291 152089329787
9
The parties agree that Husband shall hereafter be responsible for paying debts A, B, H, J, K
and N above and Wife shall be responsible for paying debts D, E, G, I, Land M.
Neither party will pay debt C and they agree to execute a deed in lieu of foreclosure, if
possible, and if not, to let the time share go into foreclosure.
The parties will split the responsibility ofthe JC Penney's debt (F). Husband acknowledges
upon the execution ofthis Agreement that he has made arrangements with JC Penney's and has paid
his half ofthe debt, and he believes Wife has spoken to same to make arrangements to pay off her
half.
Each party agrees to pay the outstanding joint debts as allocated and further agrees to
indemnify and save harmless the other from any liability for such debts or obligations.
In the event that either party contracted or incurred any debts, other than those specifically
identified herein since February 29,2004, the party who incurred the debt shall be responsible for
its payment regardless of the name in which the account may have been charged and agrees to
indemnify and hold harmless the other for any liability for such debts. Each party shall indemnifY,
defend, and hold the other harmless from and against any claims, demands suits, actions or liabilities
relating to or arising out of any debt in that party's name.
22. HEALTH INSURANCE: Following the entry of a final decree of divorce, each
party will be solely responsible for their own health insurance and uninsured medical expenses.
23. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise
specifically provided herein, this Agreement shall continue in full force and effect after such time
as a final Decree in Divorce may be entered with respect to the parties.
24. BREACH: If either party breaches any provision ofthis Agreement, the other party
shall have the right, at his or her election to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her, and the party breaching this contract shall be
responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their
rights under this Agreement.
10
25. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may
dispose of his or her property in any way, and each party hereby waives and relinquishes any and all
rights he or she shall now have or hereafter acquire, under the present and future laws of any
jurisdiction, to share in the property or the estate ofthe other as a result of the marital relationship,
including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take
in intestacy, right to take against the Will of the other, and the right to act as administrator or
executor ofthe other's estate, and each will, at the request ofthe other, execute, acknowledge and
deliver any and all instruments which may be necessary or advisable to carry into effect this mutual
waiver and relinquishment of such interests, rights and claims.
26. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
27. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and
shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators,
successors and assigns.
28. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at
the request ofthe other, execute, acknowledge and deliver to the other any and all further instruments
that may be reasonably required to give full force and effect to the provisions ofthis Agreement.
29. VOID CLAUSES: If any term, condition, clause or provision of this Agreement
shall be determined or declared to be void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this Agreement and in all other respects this
Agreement shall be valid and continue in full force, effect and operation.
30. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and
}l
agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate
and independent Agreement.
31. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the
completeness and substantial accuracy of the financial disclosure of the other as an inducement to
the execution of this Agreement.
32. 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 upon strict performance of any of
the provisions ofthis Agreement shall not be construed as a waiver of any subsequent defaults of the
same or similar nature.
33. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for
convenience only. They shall have no affect whatsoever in determining the rights or obligations of
the parties.
34. APPLICABLE LAW: This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any
amendments thereto.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and
year first above written.
(SEAL)
wW)guiW
~^) Q~ (. ;f ~SEAL)
NDY. PE
12
. '
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C~a-d
On this, '1 ~ day of Q~ , 2004 before me a Notary Public, personally
appeared RONALD L. LOPER, JR., known to me to be the person whose name is subscribed to
the within Marriage Settlement Agreement and acknowledged that he executed the same for the
purposes therein contained.
: SS
IN WITNESS WHEREOF, I """'ee'" ,,' m:z;;;:~
Notary Public
NOTARIAL SEAL
VICTORIA l. OTTO, NOTARY PUBLIC
CARLISLE BORO., CUMBERLAND COUNTY
MY COMMISSION EXPIRES DEC. 2 2006
COMMONWtTH.O:1ENNSYL VANIA :
I I j I : SS
COUNTY OF ~ :
On this, theV1-<..day OfQ~ ,2004 before me, a Notary Public, personally
appeared WENDY C. LOPER, known to me to be the person whose name is subscribed to the
within Marriage Settlement Agreement and acknowledged that she executed the same for the
purposes therein contained.
IN WffNESS WHEREOF, Ih~,~lo ~'myat::~*
Notary Public
NOTARIAL SEAL
VICTORIA l. OTTO, NOTARY PUBLIC
CARLISLE BORa" CUMBERLAND COUNTY
MY COMMISSIO" EXPIRES DEC. 2 2006
13
Jennifer L. Spears, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
I.D. 87445
10 East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
RONALD L. LOPER, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 04-1482
CIVIL ACTION - LAW
WENDY C. LOPER,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
I. A Complaint in Divorce under 9 3301(c) of the Divorce Code was tiled on
April 7, 2004.
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. 94904 relating to unsworn
falsification to authorities.
Date: \'2-}.1..4-*
F\FILES\DA T AFIUi\GeneraJICuITcm\ 11262. \ ,affwai..,1
CreaJed, 11)/13/04 444PM
Revised 12/9/04 J'15PM
Jennifer L. Spears, Esquire
MARTS ON DEARDORFF WILLIAMS & OTTO
!.D. 87445
10 East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
RONALD L. LOPER, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 04-1482
CIVIL ACTION - LAW
WENDY C. LOPER,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
I. A Complaint in Divorce under S 3301(c) of the Divorce Code was filed on
April 7, 2004.
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 ofa final decree of divorce after service of notice of intention
to request entry ofthe 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. S 4904 relating to unsworn
falsification to authorities.
Date: i
L)..~D"0 L~
Wendy C. Loper, Defendant
Jennifer L. Spears, Esquire
MARTS ON DEARDORFF WILLIAMS & OTTO
LD. 87445
10 East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
RONALD L. LOPER, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 04-1482
CIVIL ACTION - LAW
WENDY C. LOPER,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301(c) AND ~ 3301 (d) OF THE DIVORCE CODE
I. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses in 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 waiver are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn
falsification to authorities.
Date:
\~I~
~cl~
Ronald L. Loper, Jr.,
Jennifer L. Spears, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
I.D. 87445
10 East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
RONALD L. LOPER, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO. 04-1482
CIVIL ACTION - LAW
WENDY C. LOPER,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
~330Uc) AND & 330Ud) OF THE DIVORCE CODE
I. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary.
I verify that the statements made in this waiver are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unswom
falsification to authorities.
Date:
\d~
( A ~ I _~ C --) ~
Wendy C. Lo r, Defendant
F:'.,FII_ES"DATAF[LE"..G~"cr~I"C\lnell(\112Il2 I p.."e(lp~
,..~,,\~d 10JI.1I04 4HP~1
R~Vl>;ed: [1/22.,'04 130PM
Jennifer L. Spears, Esquire
MARTS ON DEARDORFF WILLIAMS & OTTO
J.D. 87445
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
RONALD L. LOPER, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 04-1482
CNIL ACTION - LAW
WENDY C. LOPER,
Defendant
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:
I. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce
Code.
2. Date and manner of service of the complaint: Via hand delivery to Defendant's
attorney on April 7, 2004.
3. Date of execution ofthe Plaintiffs affidavit of consent required by Section 3301 (c)
of the Divorce Code; December 9, 2004; by the Defendant; December 9,2004.
4. Related claims pending: None. All claims raised are satisfied by the Marital
Settlement Agreement dated December 9, 2004.
5. Date Plaintiffs Waiver of Notice 10 ~3301(c) Divorce was filed with the
Prothonotary: December 22, 2004.
Date Defendant's Waiver of Notice 10 ~3301(c) Divorce was filed with the
Prothonotary: December 22, 2004.
Date: December 22, 2004
~yF'ORFF WILUAMS & OlTO
Jenn fer L. Spears, EsqUIre
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
r
:+:'f:+:'+::t'
.
.
.
.
.
.
.
.
.
..
.. .
'fOf.+'f+++.+'f.:+:f.++
.
.
'H
:+::+:;+';t;t ~:t':I'
:l'~:f.++.+.:+:+.++++'f+:+'
+.+++++++++++++++~
,
,
.
.
,
.
,
,
,
,
,
.
,
,
.
,
,
,
.
.
,
.
.
,
,
.
,
.
.
,
,
,
.
,
,
,
IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
,
,
STATE OF
,
.
,
.
,
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
,
.
.
,
.
.
.
.
.
.
T npF.R,
TR
RONAT j) T.
VERSUS
WENDY C. TOPER
.
.
.
.
.
.
.
.
.
,
.
.
.
.
.
.
.
.
.
.
.
PENNA.
No.
04-1482
DECREE IN
DIVORCE
AND NOW,
D"ccc~ln r "/ 2-
I
, z.~rc'l..t., IT IS ORDERED AND
DECREED THAT
AND
RONALD L. LOPER. JR.
WENDY C. LOPER
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
,
,
.
.
.
.
.
,
.
.
.
.
.
.
,
,
.
.
.
.
.
,
.
,
,
,
,
.
,
,
.
,
,
,
,
.
.
,
,
,
,
,
,
,
,
.
,
,
.
,
.
,
,
,
,
.
,
,
.
.
+++++++++++++++++++~
. PLAI NTI FF,
, DEFENDANT,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
YET BEEN ENTERED;
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
The Marital Settlement Agreement dated as of December 9, 2004, is
incorporated herein by reference but is not merged into this Decree.
.
.
,
.
.
.
.
.
.
.
.
.
,
.
:+':+:f. '+
By THE!OUR-r;;
# L/v'~'-)
--> 1
c'(J~~62
1
.
'f:+:+:+:+++++.++'f+++
'I-:t;t++++
..
PROTHONOTARY
J.
-h .~ t1f~# 7.~lL, 4c7' C'e' t'1
~ I'" ;7- ff-. 4;J p;i ;,0 ee el
.,J,
-