HomeMy WebLinkAbout95-04131
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
90- -'lId/ ''''Ii '7;''-/'1
NOTICE OF JUDGMENT/TRANSCRIPT
Vltll 11,.1 Nil
PLAINTIFF ~~M~ 'Ind AnnHf.5S
'PENNA POWER . LIGHT
1801 BROOXWOOD ST.
HARRISBURG, PA 17105
L
.J
09-2-01
..,
ll,j N",'" I't<.l"
PAULA P. CORREAL
A.'''.... BAST WING - COURTHOUSE
1 COURTHOUSE SQUARE
CARLISLE, PA
''''Ph", 17171240-6564 17013-0000
vs.
ATTORNEY rOR PLAINTIFP
DEFENDANT
NAMF "n,j ArmH~ 'i!3
'GRAHAM, LANCE L., ET AL,
17 ROBIN DR.
CARLISLE, PA 17013
L
..,
ARTHUR M, PELD,ESQ,
1309 BRIDGE ST
NEW CUMBERLAND, PA 17070
:~~
~
Docket No.: CV- 0000147 - 95
Date Filed: 4/03/95
THIS IS TO NOTIFY YOU THAT:
00
00
Judgment was entered lor:
(Name)
PENNA POWER . LIGHT
GRAHAM , SANDRA L.
Judgment was entered against: (Name)
In the amount 01 $
2.604.52
on:
(Date) 6/05/95
o Damages will be assessed on:
(Date & Time)
D This case dismissed without prejudice.
Amount 01 Judgment
Judgment Cas's
Interest on Judgment
Attorney Fees
$2,522.52
$82.00
$.00
$.00
$:2 , 604 .52
o
o
o
o
o Objection to levy has been filed and hearing will be held:
[~
L
Possession granted.
Possession granted if money judgment Is not
satisfied within thirty days.
TOTAL
Possession not granted.
Levy Is stayed lor _ days or D generally stayed.
l ","
01' APPEAL WITH THE PA
06-05-95 Date
I' JUDGMENT BY FILING A NOTICE
. MMON PLEAS. CIVIL DIVISION.
, District Justice
I certify that this is a tr
07-20-95 Date
ngs containing the judgment.
, District Justice
My commission e~pires first onday 01 January. 2000.
SEAL
AOPC 31 ~.94
., . : COMMONWEALTH OF PENNSYLVANIA
, COUNTY OF: C\1IIBIRLAm>
NOTICE OF JUDGMENT/TRANSCRIPT
~ag 0'a1 No
PLAINTIFF: NAMI!.."d ADDAESS
rplHNA POOR Ii LIGHT
1801 BROOKWOOD ST.
HARRISBURG, PA 17105
L
.J
09-2-01
..,
OJ Nam. Hon
PAULA P. CORRIAL
"""... OST WING - COURTHOUSE
1 COURTHOUSI SQUARI
CARLISLI, PA
T."p'''' (717) 240-65154 17013-0000
VS,
ATTORNIY POR PLAINTIPP I
OEFENOANT
r; NAME 11I\0 AODRESS
GRAJlAII, LANCE L" ET AL.
17 ROBIN DR.
CARLISLE, PA 17013
L
..,
ARTHUR M. PELD,ISQ,
1309 BRIDGE ST
HlW CUMBERLAND, PA 17070
DockelNo,: CV-0000ln-95
Date Filed: 4/03/95
THIS IS TO NOTIFY YOU THAT:
[!] Judgment was entered lor:
(Name) PENNA POWlR Ii LIGHT
[!] Judgment was entered against: (Name) GRAHAM. LANC. L.
In the amount 01 $
(Date) 6/05/95
2 . 604 . 52
on:
o Damage~ will be assessed on:
(Date & Time)
o This clse dismissed without projudice,
o
o
o Possession not granted.
o Levy is stayed lor _ days or 0 generally stayed.
o Objection to levy has been IlIed and hearing will be held:
Date: lace:
Amount 01 Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
$2,522.52
$82.00
$.00
$.00
.2.604.52
Possession granted.
POlSlssion wanted II money judgment is not
sati,lIed w~hln thirty days.
TOTAL
Time:
WIT~~~' 0' THI DATI 0' JUDGMINT BV 'ILlNO A NOTlCI
I CL~K ~I ~i'~_ OMM LIAS, CIVIL DIVISION.
~~ avv , District Justice
Date
I certify thatlhis is a tru
7-7- 95
Date
, Dislrlct Justice
My commission expires first Monday 01 January, 2000.
lEAl
AOPC 31 S-1l4
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PRAECIPE fOR win Of IIICUT.ON . (MONEY JUDGMINTSI
P.I.C.'. 3101 t. 3149
Pennsvlvania Power & Li2ht
Companv
IN THE COURT OF CO....ON PLEAS OF CUMBERLAND
. COUNTY. PENNSYLVANIA
.rll NO,? '/ \., il ( ;' I T.. 19
NO.~ T~19
,,-.du. ,2407,52
Plaintiff
..
LANCE L. GRAHAM
la......--!!OID 7/26/95
SANDRA L. GRAHAM
"tip'. eo.., ,
Dofendant/s
...d Co... .
TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER,
Cll Dill.l.d 10 tIl. Sh"ill 0/ CUMBEIlLXN1l
County, P.nn.yl....i.;
(2) ...inll
LANCE L. & SANDRA L. GRAHAM, 17 ROBIN RD, CARLISLE, PA 170t3
D.'....I(.);
(3) ood ...ina.
FARMERS TRUST. w. HTr.~ ~T r.ARIl~LE. PA 17013
Gaatl.h.o(.);
14) ood indo. "'it ..ri.
C., ...inu
o.'oodul(.) ood
Ch) ..oinu
Gomiaao(o).
.. · Ii. pondon. ...ino, ell. 110' prop...,. 0' ello d./end.nl/.) io lho n_. o/lh. Go",lols.o(.).. lel....1
ISp.cili..lIy dOlc,ib. prop...,. ood no.. 00' .pocillc diroction 10 SIlorill) f'ullli.h 4 copl.. 10. ..01 ...... ,I.,,)
Levy on Defendant/s household goods and personal property. ATTACH
ANY ACCOUNTS DEFENDANTS MAY HAVE AT GARNISHEE BANK,
cn I..pllon h.. (no.,
O.lId
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,\nal"'Y la, PI."u.iINu
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IN THE COORT OF ~ PLEAS OF
CtHlERLAND COUNl'Y. P!N'lSYLVANIA
WRIT I'IJ.
CML 19
CLAIM FOR EX&IPTI<l'l
To the Sheritfl
I, the above narred defendant. claisn exenption of property fran levy,
or attaclJlent I
1. Fran my personal property in my possession which h!ls been levied
upon.
a) I desire that my 5300 statutory ex~tion be
c=l
(i) set aside in kind (specify property to be set
aside in kind):
c:J (ii) paid in cash following the sale of the property
levied upon; or
b) I claim the following exerrption (specify property and basis of
~tion) .
2. Fran my property which is in the posession of a third party, I
claim the following e.xel!lltions:
a) my 5300 statutory llXeIIJltion., I in cash: CJ in k.ind
(specify property):
b) SOCial Security benetits on deposit in the lIllOunt of $
c I other (specify lIlIDunt and basis of exerrptiom
I request a prcrrpt court hearing to detexmine the exenption.
Notice of the hearing should be given to rre lit
Address
Telephone Nurber
1 verify that the staterrents made in this Claim for Exen'ption are true
and correct. 1 understand that false statEn"ents herein are rrade subject to the
penalties of 18 Pa, C. S. S 4904 relating to Wlswom falsification to authorities.
OIlte,
THIS ClAIM ro BE FILED WI'Dl THE
OFFICE OF 'DiE SHERIFF OF C1Jol!lERLAND
CXXN1'Y I
CI.I1BERLN() COUNn' OXJRnIOUSE
CARLISLE. PnNM.VANIA 17013
(717) 249-1133
OfUlER OF COOJl'l'
NO to, pun\Wll1t to 'a. ~.
of Civil p~...~edln 3123.1Ibl, . hearing is ..t for
in Court Roan No.
CIIrtlerland County Courthoual, Carlisle, Pennsylvania. The Sheriff ot
CIIrtlerland County shall not.l.ty the parties of the Un and place for the hear1ng,
By the Court,
J.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEAL rH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. <)~..-~4J]) ~_ __ CIVIL 19
CIVIL ACTION. LAW -
TO THE SHERIFF OF ._
ClIMBERI.^ND
.COUNTY
l""HISylv,lOl,j Power & Light Co.
To satisfy the debt, Interest and costs due
'.----.-....----.----...------ --.- ._--.
from
L~nce L. ~nd Sandra I..
Grdhdm,
17 Robin Ro~d, Carlisle
____PLAINTlFF(S)
P^ 17013
m__._._.___.___._.___~__._._..______ ._.. ..___..._._.__~___. .'_.
DEFENDANT(S)
Levy on Defendants'
(1) You are directed 10 levy upon Ihe property olthe defendanl(s) and to tell
hou3ehold goods and personal property.
"--'--"--'~----,----- .--------
(2) You are also direcled to a"ach the property 01 the defendanl(s) nollevled upon in the possession 01 _~__n_
Farfers Truqt, 1 W. HIgh St.. Carllsle P^ 11013.
--.--------.--.__..__.___.. _ ._uu___.__~___._
..-________.._.u_~_...~._._ _____.______._
----.--.-------- -- --.--- -
----------- -----------m____n~__uu___~~~n_~_~_~__n____ GARNISHEE(S) as follows
^ttach any accounts defend~nts may h~ve at garnishee bank.
and to noldy the garnishee(s) thaI: (a) an attachment has been issued; (b) the garnishee(s) Is/are enjoined from paying any
debito or lor the account of the defendant(s) and Irom delivering any property 01 the defendanl(s) or otherwise disposing
thereol;
(3) If property of Ihe defendant(s) not levied upon an subject 10 a"achmenl is found in the possession of anyone other
than a named garnishee, you are directed 10 notify hinvher thai he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due $2,407.52
Interes1 from 7-26-95
Any's Comm %
Any Paid $32.25
Plaint~' Paid
Date August 2, 1995
-- --
LL
Due Prolhy
Other Costs
$.50
$1. 00
LAWRENCE E. WELKER
1116
prol,hiotal} Civil Oivis~n
" -1LM,_~~';}o;';';;
TRUE C01>Y fROV PF.CORD
In TrSlllnony .. )'. I h,. "t my hand
and Ihe 5c~1 . ) 'Jurtt. ., P3.
This 1'. .Ju'\.. CldY/OI . ('j. 19.'LL
. Il.....l 1- ... if (l-t I.- C 't)--
-..... '''Uq..%_ u.l~ ~e'hono'~i'
. /" 'f~ 11 .
REQUESTING PAR1Y
Arthur M. Fel.cJ. ES9-~__~__.___
__1309 Brid~.~_~!_~_______
~e-...:S'ymb~~Ja!ld__!'_J\_17070
A"orney lor __._~__ _ P 1 a i n t!.!L___________~ ~
Telephone ( 717) J_7CLQ291_______~__m~_n_
Supreme Court 10 /40. ___~_QJIE_~~~_
Name
Address.
SHERIrr'S RETURN - GARNISHEE
CASE NO: 1995-04131 P
COMMONWEALTH Or PENNSYLVANIA:
COUNTY Or CUMBERLAND
EENNSYLVANIA POWER ~ LIGHT CO
VS.
GRAHAM LANCE L ET AL
And now ~CHAEL E, BARRICK. DEPUTY
CUMBERLAND . County, who
at -L~15:00 HOURS, on the -1ih day of
. Sheriff or Deputy Sheriff of
being duly sworn according to law.
AUClust 1995. attached as
herein commanded all goods, chattels, rights, debts. credits. and moneys
of the within named defendant GRAHAM SANDRA L
in the hands. possession. or control of the within named Garnishee
FARMERS TRUST COMPANY
by then and there summoning the said Garnishee at
~ WEST HIGH STREET
CARLISLE. PA 17013
!;J,lMBERLAND
JANINE TONER. TELLER
County, Pennsylvania.
by handing to
. personally
and attested
three copifts of interrogatories together with L_. true
copies of the within .JUDGMENT - OJ
contents thereof knoW'n toh~.
and made the
Sheriff's Costs: So answers: .,."
Docketing ,00 ~""'j ".".'. i'
Service ,00 ":." ";",:.,,,,'-"
Affidavit , 00 l ....-
Surcharge .00
R, Thomas K11np, Sheriff
..00
00/00/0000 ". :.c
.,~~ .
ep er
Sworn and subscribed to before me
lL .
this "J':i~ day of u...,.d
19 ',,, A, D.
'-) ,. .
~._ ~ k\.-(t.:...... ItJ 'k
---- "fll..""'-i- 0 tfionotar'y~-_-_H'__"'-
SHERIff'S RETURN - GARNISHEE
CASE NO, 1995-04131 P
COMMONWEALTH Of PENNSYLVANIA,
COUNTY Of CUMBERLAND
PENNSYLVANIA POWER & LIGHT CO
VS,
~AM LANCE L ET AL
And now MIr;;!!h~_..MRRICK . Sheriff or Deputy Sheriff of
CUMBERLAN~ . County, who being duly sworn according to law,
at 1315.00 HOURS. on the -2i!l. day of Auaust ~ attached 3S
herein commanded all goods, chattels, rights, dobts, credits. and moneys
of the within named defendant GRAHAM LANCE L
in the hands. possession. or control of the within named Garnishee
fARMERS TRUST COMPANY
by then and there summoning the said Garnishee at
1... WEST HIGH STREET
CARLISLE. PA 17013
CUMBERLAND
:l.ANINE TONER. TEl,LER
County.
Pennsylvania. by handing to
. personally
and attested
three copies of interrogatories together with ~____ true
copies of the within JUDGMENT - OJ
contents thereof known tOhu.-,
and made the
Sheriff's Costs.
Docketing
Service
Af fidav it
Surch'lrge
So answers:
.00
.00
.00
.00
..00
,.
...'....
,.
R. Thomas Kline, Sheriff
by
~~~
00/00/0000
Sworn and subscribed to before me
this./ 'I '!- day of (,)1''';-.
19 'I' A,D,
(
-~,---J',-,~ o. ~,,~ c)Py_
r~Ol: ono aty'
,
WRIT OF EXECUTION end/or ATIACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLANO)
NO. 95-4131 CIVIL 19__
CIVIL ACTION. LAW
TO THE SHERIFF OF ___n__CUMBERLA~__. ___COUNTY
To sallsfy fhe debt, Interest and costs due _~.:~_~~..:."-a~i~--.:.~",_" r & L i gh t co._
110m
Lanc" L. and Sandra L. Graham. 17 Robin ROad, Carlisl" PA
._---'-_._._.-.--.~.-._.-..~--._._--_..._._.-
PLAINTIFF(S)
17013
._----_...,.._~----..._-------~-_._-_.-...._-_..._+-_._-- -_.._---~----~
(I) You are directed to levy upon the property olthe defendant(s) and 10 sell
hous"hold goods and p"rsonal prop"rty.
OEFENDANT(S)
L"vy on O"f"ndants'
(2) You are also directed to allach the property ollhe defendanl(S) not levied upon In the possession of _
Farmers Trust. 1 W. HIgh St., Carllsl" PA 17013.
~.._---.._-----_.._------_._.--_.._.--------_._-
------_.__._--~----_._---------~--._------.-
______.______._____._n_.___..__.___________.
__.__n ______n_________.______________ GARNISHEE(S) as follows:
Attach any accounts d"fendants may have at garnishee bank.
and to nollly the garnlshee(s) that: (a) an aUachment has been issued, (b) the garnlshee(s) Is/are enjoined from paying any
debt to or lor the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
thereo';
(3) II property otthe defendant(s) not levied upon an subject to allachmenlls found In the possession of anyone other
than a named garnishee, you are directed to notily hirrvherthat he/she has been added as a garnishee and Is enjoined as above
stated.
Amount Due $2,407.52 n_____.n____..
from 7-26-95
LL
$.50
$1. 00
Interest
Ally'S Comm
Ally Paid
Plalntlll Paid
%
Due Prothy
Other Costs
$32.25
Date:
August 2, 1995
LAWRENCE E. WELKER
by:
(C 1'-(
Protho alary, Civil Division
; JV" !"~J
Deputy
REQUESTING PARTY:
Arthur M. Feld. Es~.
1309 Br id9t>.._~_t.
N"w Cumberl~nd PA 17070 1116
Anorneylor: Plaintiff
Telephone: ---L1J1..L 77Q....0292
Supreme Court 10 No. ..._._Q1J 7~___...__..__._.. ___
Name
Address:
,
PENNSYLVANIA POWER a LIGIIT } IN THE COURT OF COYMON PLEAS OF
COMPANY } CUMBERLAND COUNTY, PA
}
Plaintiff }
} NO: 9S-4131 CIVIL TERM
}
LANCE GRAHA\I }
SANDRA L, GRAHAM }
}
Defendant/s }
}
} CIVIL ACTION LAW
}
}
Would you please satisfy the judcment acainst the defendant/s
In tbe above captioned matter. Plaintiff and all costs have
been paid,
To
Protbontary
December 12, 1995
D ) 1\. \~~)
Attorney for Plaintiff
8- \J:l ~
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$ -_.,---~----- _. --- - ,,-- " -" ". ..., ' . - . . . . ... '" . , , -- ".......- -.....-....---- I'
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(I IN THE COURT OF COMMON PLEAS (I
$1 (I
(II OF CUMBERLAND COUNTY 8
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:' STATE OF ~ PENNA. :
(I (I
(I CIlIUSTINA LOY, (I
: Plaintiff l\ o. 95 ~41"a2........ 1<) 95 :
(I \". I'SII , (I
(I GARY E. LOY, (I
(I Defendant (I
(I (I
" 1.,
(I
(I
(I DECREE IN (I
81 0 I V 0 R C E ,
(Ii ~,,_ A I A (I
! AND NOW. ~ ~~ . \)~" , , " '1" 19O,C it is ordered and (I
"
'" decreed that ,.."".,.", ChrIstinaI,.oy . , . ' , , . , ' . , , , , . . . . . , . . '. plaintiff, (I
~ ~
Gary E. Loy 'lI'
. and . . , , . , . . . . . . . . , . , . . . . , , , , , , . , , . , , . , . . , . , , . . , . . , , . . . . . . , . '. defendant. 8
(I are divorced from the bonds of matrimony, '"
. '"
(I The court retains jurisdiction of the following claims which have :
(I been raised of record in this action for which a tinal order has not yet (I
(I been entered; All claims sellled, (I
(I (I
(I (I
(I """,.. (I
- (I
~ n,
~ (I
(I '.
. Alle.t:.x..~'4'~.. t'. {j;dt,~ /~d;..."S'" (I
, 0~~( F >>& W. '" ~
16 ./ ...., pr Prothonotary
" 8
.1__. _ . ,'i
~ - ~--~------*-----------
PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made thl~m~day of , 1995, by and
between GARY E. LOY, hereinafter called "Husband", and CHRISTINA LOY,
hereinafter called "Wife".
WITNESSETH:
WHEREAS. Husband and Wife were legally married on April 25, 1987;
WHEREAS, differences have arisen between Husband and Wife In consequence
of which they desire to live separ8te and apart from each other; and
WHEREAS. Husband and Wife desire to settle dnd determine their rights and
obligations,
NOW THEREFORE. In consideration of the premises and covenants contained
herein, It Is agreed by and between the parties hereto that:
1, SEPARATION,
It shall be lawful for each party at all times hereafter to live separate and apart
from each other at such place as he or she from time to time shall choose or deem fit.
The foregoing provision shall not be taken as an admission on the part of either party
of the lawfulness or unlawfulness of the causes leading to their living apart.
2, INTERFERENCES,
Each party shall be free from interference, authority and control by the other,
as fully as If he or she were single and unmarried. except as may be necessary to
carry out the provisions of this Agreement, Neither party shall molest or attempt to
endeavor to molest the other, or In any way harass or malign the other, nor In an~'
other way Interfere with the peaceful existence, separate and apart from the other.
3, DIVISION OF REAL PROPERTY,
Husband agrees to transfer all his right, title and Interest In and to the real
estate situated at 210 Chestnut Grove Road. Dillsburg. York County, Pennsylvania,
now titled In the name of Husband and Wife to Wife Individually and agrees to
execute now or In the future any deed or other documents necessary to effect
transfer of title, Husband further agrees that he will assist Wife In securing a
refinancing of the said property In her name only, Said cooperation shall Include, but
not be limited to, the execution of a Spousal Waiver form as required by the lender,
Wife agrees that she shall pay to Husband in the form of equitable distribution
the sum of $38,375,02. This figure was orrived at by taking the appraised value of
the marital home as determined by the appraisal through First United Mortgage
Services Corporation ($135.600.00) and deducting from that figure the mortgage
balance at date of the refinancing settlement ($49,357.96) as well as deducting seven
(7%) percent of the appraised value ($9,492,00) thereby leaving a net equity of
$76,750.04 with Husband's one-half (112) equity being $38,375.02 as
aforementioned, At the time of final settlement. Husband shall pay to Wife from the
aforementioned equitable distribution payment he is to receive, one-half (1/21 of the
cost of the real estate appraisal ($137.501 and one-half (1/2) of the counsel feBs
2
genereted by Wife's counsel In the preparation of the Proparty Settlement Agreement
1e253,75), The aforementioned payment to Husband In the form of equitable
distribution was arrived at In consideration of the distribution of all marital assets
Including transfer of title to the marital residence.
After transfer of title has been accomplished as aforementioned, Husband must
vacate the marital property located at 210 Chestnut Grove Road, Dlllsburg.
Pennsylvania no later than April 1, 1995, This date may be extended by mutual
agreement of the parties, however, absent an extension by both parties In writing,
Husband must vacate by said date, Until time Husband vacates the residence, he will
pay $435,00 per month as rant for his right to remain in the property, Said payment
to be made on or before the first of each monlh beginning February 1, 1995,
Husband shall also pay, while he retains a rental right In the property, ons-half (1/2)
of the monthly electric and basic telephone charges as well as any toll calls for which
he Is responsible,
4. DIVISION OF PERSONAL PROPERTY.
The parties have divided belwean them to their mutual satisfaction, personal
effecls, household goods and furnishings and all other articles of personal property
which have heretofore been used in common by them, and neither party will make any
claim to any such Items which are now in the possession or under the control of the
other with the exception of the following items which shall be removed by Husbend
within ten (10) days of the execution of this Agreement: RCA Console TV, RCA VCR,
3
Freezer, 1,000 Shares of Harvey Electronics, 1,000 Shares of Crazy Eddie's stock,
Dirt Dsvil, Extension ladder, Roto Tiller, Cash Register, end Jim Beam Bottle
Collection, Should it become necessary, each party agrees to sign any title or
documents necessary to give effect to this paragraph, upon request.
6. COUNSEL FEES,
As previously referenced in Paragraph 3 hereof, Husband agrees to pay one-half
(1/2) of actual counsel fees expended by Wife for the preparation of' this Property
Settlement Agreement. Said fees shall include, not only the preparation of ths
Agreement, but the review of any corraspondence or meetings with Wife In order to
determine the specific provision of the Agreement to be prepared by Wife's attorney.
The said counsel fees generated by the preparation of this document are $507.50,
One-half (1/2) of the aforementioned counsel fees has been specifically designated In
Paragraph 3 hereof and shall be deducted from Husband's equitable distribution
payment at the time of final settlement,
e, TAX ON PROPERTY DIVISION.
Husband hereby agrees to pay all Income taxes assessed against him, If any,
as a result of the division of the property of the parties hereunder, Wife hereby agrees
to pay all Income taxes assessed against her. If any. as a result of the division of the
property of the parties hereunder,
7, MOTOR VEHICLES.
Wife shall retain ownership of the 1988 Nlssan Maxima with a value of
4
$6,025,00 and Husband shall retain ownership of the 1993 Nlssan King Cab with a
designated value of $12, 560,00. The parties will execute the documents necessary
to transfer title,
8, PENSIONS,
Each party shall retain their own Individual pensions through their amployer, Fry
Communications. Each party agrees to execule any documents necessary to waive
the claim In the other's pension as aforementioned.
9. IlANK ACCOUNTSIINVESTMENTS.
The parties have divided to their satisfaction on an equal basis, their IDS Funds
as well as 011 cash In the Members First checking and savings accounts,
10, LIFE INSURANCE.
The parties are the owners of the following life Insurance policies which shall
be retained by the Individual designated as owner of the policy:
a. New England Mutual Life Insurance Company Policy No, 08583366; Gary
E, Loy . Owner; Death Benefit. $32.152.00; Cash Value. $2,120,00.
b. Prudential Policy No. 17-050-625. Gary E. Loy. Owner; Death Benefit -
$5,000.00.
c, New England Mutual LIfe Insurance Company Policy No, 08583304;
Christina Loy - Owner, Death 8enefit . $43,431.00; Cash Value. $2,942.00,
Pending a final Decree In Divorce, the parties shall designate each other as
beneficiary on the aforementioned policies. Upon the granting of the final Dacree In
5
Divorce, each party has the right to make a change In the beneficiary designation as
aforementioned,
11, 1994 INCOME TAX RETURN,
The parties agree that they shall file a Joint Incoma tax return for the tax year
1994 and shall split equally any refund or liability on said return,
12, BREACH,
If either party breaches any provision of this Agreement, lhe other party shall
have the right, at his or her election, to sue for damages for such breach, The party
breaching this contract shall be responsible for the payment of legal fees end costs
Incurred by the other In enforcing his or her rlghls under this Agreement, or seeking
such other remedy or relief as may be available to him or her,
13. FULL DISCLOSURE,
Husband and Wife each represent and warrant to the other that he or she has
made a full and complete c;Sclosu1e to the other of all assets of any nature
whatsoever In which such party of every type whatsoever and all other facts relating
to the subject matter of this Agreement.
14, ADDITIONAL INSTRUMENT.
Each of the parties shall on demand execute and deliver to the other any deeds,
bills of saJe, assignment, consenlS to change of beneficiary on Insurance policililS, tax
returns and other documents and do or caused to be done any other act or thing that
may be necessary or desirable to the provisions and purposes of this Agreement, If
6
either peny fslls on demand to comply with this provision, that party shall pay to the
other sll attorneys' fees, costs and other expenses reasonably Incurred as e result of
such failure,
16, WIFE'S OEm.
Wife represents and warrants to Husband that since the parties' separation she
has not and in the future she will not contract or Incur any debt or liability for which
Husband or his estate might be responsible and shali Indemnify and sava Husband
harmless from any and all claims or demands made against him by reason of debts or
obligations Incurred by her,
16, HUSBAND'S DEBTS.
Husband represents and warrants to Wife that since the parties' separation he
has not and In the future he will not contract or incur any debt or liability for which
Wife or her estate might be responsible and shall Indemnify and save Wife harmless
from any and all claims or demands made against her by reason of debts or obligations
Incurrad by him.
17, WAIVERS OF CLAIMS AGAINST _ESTATES,
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 may now have or hereafter acquire. under the present or future laws of any
jurisdiction. to share in the property or the estate of the other as a result of the marital
relationship, Including without limitation, dower. curtsy, statutory allowance, widow's
7
allowanca, right to taka In Intestacy, right to take against the Will of the other, and
right to act as edmlnlstrator or executor of the other's estate, and each will, to the
request of the 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 all such interests, rights and claims.
18, REPRESENTATION,
'.
It Is recognized by the parties hereto that Christina Loy Is represented by John
J, Connelly, Jr,. Esquire, It is fully understood and agreed that the parties have the
right to have advice of counsel prior to the signing of this Agreement. By the signing
of this Agreement, Husband understands the legal Impact of lhls Agreement and
waives his right to have this Agreement reviewed b\' an attorney of his choosing, end
further acknowledges that the Agreement Is fair and reasonable and Intends to be
legally bound by the terms hereof.
19, VOLUNTARY EXECUTION.
The provisions of this Agreement are fully understood by both parties and each
party acknowledges that this 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,
20. 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.
8
21. PRIOR AGREEMENT,
It Is understood and agreed that any and all property settlement agreements
which mayor have been executed prior to the date and time of this Agreement are
null and void and of no effect,
22. MODIFICATION AND WA~.
Any modification or waiver of any provision 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 of this
Agreement shall not be construed as a waiver of any subsequent default of the same
or similar nature.
23, GOVERNING LAW.
This Agreement shall be governed by and shall be construed In eccordance with
the laws of the Commonwealth of Pennsylvania.
24. INDEPENQENT SEPARATE COVENANT$.,
It is specifically understood and agreed by and between the parties hereto that
each paragraph hereof shall be deemed to be a separate and independent covenant
and agreement.
25. 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
9
respects this Agreement shall be valid and continue In full force, effect and operation,
26. ENTRY AS PART OF DECREE,
It Is the Intention of the parties that this Agreement shall survive any action for
. divorce which may be Instituted or prosecuted by either party and no order, Judgement
or decree of divorce, temporary, final or permanent. shall affect or modify the financial
terms of this Agreement. This Agreement shall be made a part of any such Judgment
or decree of finai divorce.
27. DOMESTIC RELATIONS CODE OF THE COMMONWEALTH OF
fUtNSYLVANIA.
Except as specifically provided in this Agreement, each party waives any claim
they may have against the other under the Domestic Relations COd8 of the
Commonwealth of Pennsylvania Including. but not limited to, alimony, alimony
pendente lite. counsel fees, costs and equitable distribution of marital property,
28, RECONCILIATION.
It is specifically agreed to by the parties that this Agreement shall survive any
reconciliation between the parties unl~ss specifically modified or terminated In writing,
29, DIVORCE,
It Is the right of either party under the Domestic Relations Code of the
Commonwsalth of Pennsylvania to file a Complaint in Divorce. The parties agree that.
should a divorce be filed by either party. it shall be filed under Section 3301 (c) of the
Domestic Relations Code. The parties further agree that, at the end of ninety (90)
10
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5. Date and manner of service of the notice of Intention to file
praecipe to transmit record, a copy of which Is attached:
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Date:
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CHRISTINA LOY,
Plaintiff
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
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NO. /J 4 n) (I/,' , C '- ~'/10-
GARY E, LOY,
Defendant
CIVIL ACTION. LAW
IN DIVORCE
NOTICE
You have been sued In Court, If you wish to defend against the claims set
forth In the following papers, you must take prompt action, You are warned that If
you fall to do so, the case may proceed without you and a Decree in Divorce or
annulment may be entered against you by the Court, A judgment may also be entered
against you for any other claim or relief requested ill 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 the Cumberland County Court House,
One Courthouse Square, Carlisle, Pennsylvania,
IF YOU 00 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,
Court Administrator
Cumberland County Court House
Fourth Floor
1 Courthouse Square
Carlisle, Pennsylvania 17013
Phone: (717) 240-6200
John J, Connelly, Jr" Esquire
Attorney for Plaintiff
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I verify that the statements made In this Affidavit are true and correct.
understand thst false statements herein are mede subJect to the penalties of 18 Pa,
C,S,A, Section 4904, relating to unsworn falsification to authorities,
Date: 12//14')"
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(Gary Loy, fendant
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