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STEPHEN B, LOr. SR.
Plalfltlff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANL4
:
v.r,
: CMLACTION-LAW
: 96-194 CML TERM
: IN CUSTODY
J11RGINJ.4 L. LOr.
Dtftftdaflt
MOTION FOR APPOINTMENT OF ~
StepMn B, 1.oy, Sr., mows tM cOllrt to appoint a IrfaSttr with respect to tM following
claims:
(X) Divorce
( ) Annul""nt
(X) Alimony
(X) Alimony Pendente Lite
( X) Distribution of Property
( ) SlIppOI't
(X) COIIn.selftts
(X) Costs and Erpen.ses
and In StIppOI't of tM motion states:
I. Discovery Is complete as to the clalm(s) for which the appointment of a
IrfaSter Is requlrtd
2, 1M Defendant has appeared in the action through her attorney. Marcus A,
McKnight, III, Esquire.
J, 1M stahltory lfI'OIInd(s) for the divorce are Section JJOI(c) and JJOI(d),
4. Delete tM Inapplicable paragraph(s):
b. An agrte""nt has been reached with respect to the following claims:
None.
c, 1M action Is contested with respect to the following claims: Alimony,
Alimony Pendente lite, COIIn.selfees. Costs, Expen.ses, and Equitable
Distribution.
S. 1M action does not Involw complex IUlIes of law or fact.
6, 1M Maring is expected to taU 2 ~s.
7. ..J/iIlonaJ""-,,, if"",,_~ -ro..'_
Date: 11?t..)97 ~/
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MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT made this -.!!I..~ay Of~, 1998, by and between
VIRGINIA L. LOY, (hereinafter referred to as "WIFE") and STEPHEN B, LOY, SR.,
(hereinafter referred 10 as "HUSBAND"),
WITNESSETH:
WHEREAS, HUSBAND and WIFE were lawfully married on December 6, 1975, in
OaJcvjlle, Pennsylvania, and were separated on OClober 26. 1995. HUSBAND tiled a Complaint
in Divorce in Cumberland Counly, Pennsylvania, docketed a196-194 Civil Tent! on January 16.
1996,
The parties hereto agree and covenant as follows:
1.
The parties intend to maintain separate and pennanent domiciles and to live apart from
each other, It is the intent and purpose of this Agreement to set forth the respective rights and
duties of the parties while they continue to live apart from each other,
2.
The parties have altempled to divide their matrimonial property in a manner which
conforms to a just and right standard, with due regard to the rights of each party, II is the intent
of the parties that sueh division shall be tinal and shall forever determine their respective rights,
The division of existing marital property is not intended by the parties to constitute in any way a
sale or exchange of assets.
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3,
Further, Ihe parties ngree to conlinue living sepnrntely and npart from Ihe olher nl any
place or plnces Ihal he or she may select as Ihey have herelofore been doing. Neither party shall
molesl, harass, annoy, injure, threalen or interfere wilh Ihe olher party in any mntter whntsoever,
Each party may carry on nnd engage in any employment, profession, business or other activity as
he or she mny deem advisable for his or her sole use and benefit, Neither party shall interfere
wilh the uses, ownership. enjoyment or disposition of nny property now owned and not specified
herein or property herenfter acquired by Ihe other.
4,
The consideralion for Ihis contract and agreemenl is the mutual benefit to be obtained by
bolh of Ihe parties herelo and Ihe covenants and agreemenls of each of Ihe parties to the olher.
The adequacy of Ihe consideration tor all ngreements herein contnined is stipulated, confessed,
and admitted by the parties, and the parties intend to be legally bound hereby,
Each party to Ihe Agreemenl acknowledges and declares Ihal he or she. respectively:
a. is represenled by counsel of his or her own choosing;
b, is fully nnd completely infonned of the fncts relating
to the subject matter of this Agreement and of the rights
and Iiabililies of the parties;
c. enters into this Agreement voluntarily after receiving Ihe
advice of counsel;
d. hns given careful and mature thought to the making of this
Agreement;
e, has carefully read each provision of this Ab'l'eement; and
I: fully and completely understands each provision of this
Agreement. both as to the subject mnller nnd legnl effect.
This Agreement shall become etl'ective immedintely as of the dnte of execution.
2
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S.
It is the purpose and intent of this Agreement 10 sellle forever and complelely the inlerest
and obligations of Ihe plll'lies in all property that they own separately, and all property that would
qualifY lIS marilal plllPerty under the Pennsylvania Divorce Code, Title 23, Section 401(e). and
Ihat is referred to in this Agreement lIS "Marital Property", as between themselves. their heirs and
IISsigns. The plll'lies have allempted to divide their Marital Property in a mllMer that confonns to
a just and fair standard, with due regard to the rights of each Party, The division of existing
Marital Property is not intended by the plll'lies 10 constitute in any way a sale or exchange of
IISsets. and the division is being etTecled without the introduction of outside funds or other
property not constituting a plll'l of the marital estate,
It is the further purpose of this Agreement to sellle forever and completely any obligation
under the Pennsylvania Divorce Code relating to spousal support or alimony,
6,
Each party represenls and warrants that he or she has made a full and fair disclosure to the
other of all of his or her property interests of any nature, including any mortgage, pledge, lien,
charge, security interest, encumbrance. or restriction to which any property is subject. Each
party further represents that he or she has made a full and tair disclosure of all debts and
obligations of any nature for which he or she is currently liable or may become liable, Each
further represents and warrants that he or she hIlS not made any gifts or transfers for inadequate
consideration of Marital Property without the prior consent of the other,
Each PlII'ly acknowledges that, to the extent desired. he or she has had access to all joint
and separate Slate and Federal Tax Returns filed by or on behalf of eilher or both PlII'lies during
marriage,
3
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7,
REAL ESTATE: HUSBAND agrees to convey to WIFE the real eslale located at 203
Soulh Washington Street, Shippensburg. Pennsylvania. The aforesaid real estate is encumbered
wilh a first mortgage due and owing to F&M Bank and Trust Company and a second mortgage
or home equity loan due and owing to Beneficial Finance Corporation, WIFE shall indemnifY
HUSBAND and hold him harmless from and against any and all demands for payment or
collection activity of any nature whatsoever relative to the aforesaid mortgages, WIFE shall
make reasonable efforts to retinance the aforesaid mortgages in Ihe near future.
DEBTS:
8.
HUSBAND and WIFE shall be solely and exclusively responsible for Ihe
repayment of any debts of any nature whatsoever Ihat they have incurred since Ihe date of
separation. Relative to marital debt, HUSBAND shall be solely and exclusively responsible for
Ihe repayment of the debt due and owing to Lowe's, Household Finance Consumer Discount
Company. and Capitol One. HUSBAND shall indemnifY WIFE and hold her harmless from and
against any and all demands from payment or collection activity of any nature whalsoever
reI alive to these three debls. WIFE shall be solely and exclusively responsible tor repayment of
Ihe aforesaid mortgages set forth in paragraph 7 above and the Discover credit card, WIFE shall
indemnifY HUSBAND and hold him harmless from and against any and all demands for
payment or collection activity of any nature whatsoever relative to these debts.
9.
SUPPORT: It is the mutual desire of the parties thai HUSBAND will not be required to
pay support or alimony pendente lite to the WIFE for herselt: WIFE will not provide any
financial support or alimony pendente lite to the HUSBAND, WIFE shall immediately terminate
the pending support order against HUSBAND docketed at PASCES No, 286000051 wherein
HUSBAND is obligated to pay support tor his son Joshua E, Lay who resides with WIFE. WIFE
shall execute any and all necessary documents with the Cumberland County Domestic Relations
4
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Office 10 lennlnale Ihe aforesaid support order, waive and suspend alllllTellrages, and lenninate
Ihe support action. WIFE'S agreemenl to tenninate the support, lIS Indlcaled above. is bllSed
upon HUSBAND'S agreemenl 10 nol pursue additional financial claims againsl WIFE in
equitable dislribution. With this in mind. if WIFE violates Ihis provision and requests support
from HUSBAND for Ihe child. Joshua, HUSBAND shall be entitled 10 receive Ihe sum of
51,750.00 immediately from WIFE as additional compensation in equilable distribution for Ihe
assels Ihal HUSBAND. olherwise. released to WIFE,
10,
PERSONAL PROPERTY: The pllrties agree Ihat Ihe personal property shall be divided
lIS follows:
HUSBAND shall receive Ihe following items:
a, The personal property in his possession.
b, His bank accounts;
c. Any life insurance policy;
d, Any employee benetits; and
e, 1/2 of the escrow funds wilh Keystone Financial.
WIFE shall receive Ihe following items:
a. The personal property in her current possession"
b, Her bank accounts;
c, Any life insurance policy;
d, Her employee benefits and savings plan; and
e, 1/2 oflbe escrow funds with Keystone Financial,
The WIFE hereby waives all right and title which she may have in any personal property
of Ihe HUSBAND, HUSBAND likewise waives any interest which he hllS in Ihe personal
property of the WIFE. Henceforth. each of Ihe pllrties shall own, have and enjoy independently
of any claim or right of the other pllrty. all items of personal property of every kind, nature and
description and wherever situated, which lire then owned or held by or which may hereafter
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belong to Ihe HUSBAND or WIFE with full power to the HUSBAND or the WIFE 10 dispose of
swne 1I5 fully and effectually, in all rcspecls and for all purposes 1I5 ifhe or she were unmarried.
Each pnrty agrees Ihat neither will incur obligations, liens or liabilities on account of the
other and thai from the dale of this Agreement, neither party shall contract or incur obligations,
liens or any liability whatsoever on account of the other.
11.
AUTOMOBII.ES:
a, HUSBAND agrees to waive any and all interest which he moy
have in the automobiles in possession of the WIFE,
b. WIFE agrees 10 waive any and all inlerest which she may have
in the automobiles in possession of the HUSBAND.
They each waive any claim which they have in any automobile owned by the other party,
12,
INCOME TAX EXEMPTIONS: The pnrties agree to file separate income Inx
returns for 1998. WIFE shall be entitled 10 claim Joshua Edward Loy as a Federal income tnx
exemplion for the 1998 tnx year. For future years, the Internal Revenue Code shall dictate who
shall claim the child as a tax exemption,
13.
INSURANCE AND EMPLOYEE BENEFITS: The parties agree thai any lite
insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including
but not limited to retirement, protit sharing or medical benelits of either pnrty, shall be their own.
WIFE waives all right, title and claim to HUSBAND'S employee benefits, and HUSBAND
waives all right. title, and claim to any of WIFE'S employee benelits, HUSBAND agrees to
complete alltimns and provide all medical records necessury to comply with the disability claim
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wilh Consumers Life Insurance Company which pays WIFE'S Chrysler Credit loan payments,
HUSBAND agrees to return said fonn to WIFE within len (10) days from his receipl of said
fonn.
14,
BENEFITS AND BANK ACCOUNT~: WIFE agrees 10 waive all right, tille and
interest which she may have in the savings or checking or any other bank accounts of the
HUSBAND, The HUSBAND agrees to waive all interesl which he has In the bank accounts of
the WIFE,
15,
DIVORCE: The parties bOlh agree to cooperate with each other in obtaining a final
divorce of the marriage. It is agreed that the parties will execute and file the consents necessary
to oblain Ihe divorce. Any party who fails to cooperate with oblaining Ihe Divorce shall pay all
the COSls and legal fees of the party who is seeking Ihe divorce.
16,
BREACH: If either party breaches any provisions of this Agreement, the other party
should have Ihe right, at his or her election, to sue tor damages for such breach or seek such other
remedies or relief as may be available to him or her, and the party breaching this conlract should
be responsible for payment oflegal fees and cosls incurred by the other in enforcing their rights
under this Agreement.
17.
ADDITIONAL INSTRUMENTS: Each of the ponies shall from time to time, at the
request of Ihe olher, execute. acknowledge and deliver to the other party any and all further
instruments that may be reasonably required to give full force and etTect to the provisions of this
Agreement.
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18,
VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effecl
have been fully explained to the parties by their respective counsel, and each party
acknowledges Ihat the Agreement is fair and equitable, and thai it is being entered inlo
volunlarily, and that it is nollhe result of any duress or undue int1uence. The provisions of this
Agreement are fully underslood by bolh parties and each party acknowledges Ihat the Agreement
is fair and equitable. that it is being entered inlo voluntarily, and Ihat it is not the result of any
duress or undue influence.
19,
ENTIRE AGREEMENT: This Agreement contains the enlire understanding of the
parties and there are no representations. warranties. covenants or undertakings other than those
expressly set forth herein,
20,
APPLICABLE LAW: This Agreemenl shall be construed under the Laws of the
Commonwealth of Pennsylvl1l1ia,
21.
PRIOR AGREEMENTS: It is understood I1I1d agreed that any and all property
senlemenl agreements which mayor have been executed prior to the date and time of this
Agreement are null and void I1I1d of no effect.
22,
PA YMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own
costs I1I1d legal fees required to obtain and complete the divorce,
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STEPHEN B. LOY
Plaintiff
VS,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
VIRGINIA L. LOY
Defendant
NO, 96-194
CIVIL TERM
PRAECIPE TO TRANSMIT RECORD
To Ihe Prothonotary:
Transmllthe record, together with the following Informallon to the court for entry of a divorce decree:
1. Ground for divorce:
Irretrievable breakdown under ~3301(c)
.~i)(JOOI_AinlKlO~
(Strike oullnappllcable secllon),
2, Date and manner of service ollhe complaint: Certified mail, restricted delivery
return receipt requested on January 19, 1995.
3, Complete ellher paragraph (a) or (b),
(a) Date of execution of the affldavll of consent required by ~3301 (c) of the Divorce Code:
by plaintiff 9/14/98 : by defendant 9/21/98
(b) (1) Date of execution oflhe affidavit required by ~3301 (d)
oflhe Divorce Code:
(2) Date ofllllng and service of the plaintiff's affidavit upon the respondent:
4, Related claims pending: none
5, Complele ellher (a) or (b),
(a) Date and manner of service of the notice of Intention to file praecipe to transmit record, a
copy of which Is attached:
(b) Date of plaintiff's Waiver of Notice In ~3301 (c) Divorce was flied with
the Prothonotary: 9/1 4/98
Dale defendant's Waiver of Nollce In ~3301 (c) Divorce was flied with
the Prothonotary: 9 / 21/98
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Further. Ihe purties ugree 10 conlinue living sepurulely und upurt Irom the olher ul any
pluee or pluces thut he or she muy select us they huve herelolilre been doing, Neilher purty shull
molest, huruss. unnoy. injure. threutellor interfere with the olhcr purty in uny mutter whulsoever.
Each party muy curry on und ellguge in uny employment. profession. business or other aetivily as
he or she muy deem advisuble lilr his or her sole use und benefit. Neither purty shull ;nlerfere
with Ihe uses, ownership, enjoymenlor disposition of any property now owned und not specified
herein or property hereaner uequired by Ihc olher,
4.
The consideration for this conlruct und agreemenl is the mutual benefil to be obtaincd by
bolh of the parties hereto and the covenanls and agreements of each of the parties to Ihe olher.
The adequacy of Ihe consideralion for ull ugreemenls herein contuined is stipulated. confessed,
and admitted by the parties. and Ihe parties intend 10 be legally bound hereby.
Each party tolhe Agreement ucknowledges und declares thai he or she. respectively:
a, is represented by counsel of his or her own choosing;
b. is fully and completely infonned oflhe lucls relaling
10 Ihe subjcct matter of this Agreemcnt und of Ihe rights
and liabilities of the parties;
c. enters inlo Ihis Agreemenl volunlarily aner receiving the
advice of counsel;
d, has given careful and mature thought to Ihe making of this
Agreement;
e, has carefully reud euch provision of this Agreement; and
I: fully and completely understunds euch provision oflhis
Agreement, both os to the subject mutter and legul elTecl.
This Agreement sholl become eflective irmnediulely as of the dote of execulion.
1
5.
It is the purpose and intent of this Agreement to sc\tle lilrever and completcly Ihe inlerest
and obligations of the parties in all property that they own scparately, and all propcrty that would
quality as marital propcrty under the Pcnnsylvunio Divorce Code, Title 23, Section 401(e), and
that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and
assigns. The parties huve o\temptcd to divide their Marital Property in 0 manner that confimns 10
a just and fair standard, with due regard to the rights of each Party. The division of cxisting
Maritul Property is not intended by Ihe parties to constitute in any way a sale or exchange of
assets, and the division is being eflceted without the introduclion of outside lunds or olher
property not conslituting a part of Ihe marital estate.
It is the further purpose of this Agreement to se\tle filrever and completely any obligalion
under Ihe Pennsylvania Divorce Code relating 10 spousal support or alimony.
6.
Each party represents and warrants thaI he or she has made a full and Inir disclosure to the
other of all of his or her property interests of any nulure, including any mortgage, pledge, lien,
charge. security interest, encumbrance, or restriction to which any property is subject. Each
party further represents that he or she has made a lull and fair disclosure of all debts and
obligations of any nature for which he or she is currently liable or may become liable. Eaeh
further represents and warrants that he or she has not made any gifts or transfers lor inadequate
consideration of Marital Property without the prior consent of the other.
Each Party acknowledges that, 10 the extent desired, he or she has had access to all joint
and separate State and Federal Tax Returns tiled by or on behalf of either or both Parties during
marriage.
3
7.
REAL ESTATE: HUSBAND ugrees to convey to WIFE the real estute located at 2/J3
South Washington Slreel, Shippensburg, I'ennsylvania. The afhresoid reul eslute is encumbered
with a lirst mortgage due uml owing to F&M Bunk und Tnlst Company and a second mortguge
or home equity loan due and owing 10 Beneliciul Finance Corporation. WIFE shall indemnity
HUSBAND und hold him hannless Irom und ugainst uny und all demunds Illr payment or
collection uetivity of any nuture whatsoever relative 10 the ufhresaid mortgages. WIFE shull
make reusonable ellill1s to relinance the ulim:said mortguges in the near luture.
8.
DEBTS: HUSBAND und WIFE shull be solely and exclusively responsible lilr the
repayment of any debts of any nature whatsoever that they have incurred since the date of
separation. Relative to maritul debt, HUSBAND shall be solely and cxclusively responsible for
the repayment of the debt due and owing to Lowe's, Household Finance Consumer Discount
Company, and Capitol One. HUSBAND shall indemnity WIFE and hold her harmless Irom and
against any and all demands Irom payment or collection activity of any nature whatsoever
relative to these three debts. WIFE shall be solely and exclusively rcsponsiblc lor rcpaymcnt of
the aforesaid mortgagcs set lorth in paragraph 7 abovc and thc Discovcr crcdit card. WIFE shall
indemnitY HUSBAND and hold him harmlcss Irom and against any and all dcmands lor
payment or collection activity of any naturc whatsocvcr rclativc to thcsc debts.
9.
SUPPORT: It is the mutual dcsire of the parties that HUSBAND will not be required to
pay support or alimony pendente lite to the WIFE lor hcrscU: WIFE will not provide any
financial support or alimony pendente Iitc to the HUSBAND. WIFE shall immc..'diately tcrminate
the pending support order against HUSBAND docketed at PASCES No. 286/J00051 wherein
HUSBAND is obligatcd to pay suppllrtlhr his son Joshua E. Loy who rcsides with WIFE. WIFE
sholl cxecute any and all necessary documents with the Cumbcrland County Domestic Relations
4
Otlice to tenninate the ulhresuid support urder, wuive und suspend ullurreuruges, und tenninute
the support actilln. WIFE'S ugrcelllenl tll tenninute the SUPPllrt. us indieul~'lI above, is based
upon IIUSBAND'S agreement III not pursue additional linancial claims uguinst WIFE in
equitable distribution. With this in mind, if WIFE violutes this provision and requests support
Irlllll HUSBAND Ihr the child, Jnshuu, IIUSBAND shull be entitled In receive the sum of
SI,750.00 immediately Irom WIFE us udditionnl compcnsntion in equitnble distribution Ihr the
usscts Ihat HUSBAND, nthcrwise, releused 10 WIFE.
10.
PERSONAL PROPERTY: The pnrtics agrce that the personal property shall be divided
as follows:
HUSBAND shnll receive the lilllowing itcms:
a. The personal property in his possession.
b. His bank accounts;
c. Any Iile insurance policy;
d. Any employee benelits; and
e. 1/2 of the escrow lunds with Keystone Finaneial.
WIFE shall receive the following items:
a. The personal property in her current possession..
b. Her bank accounts;
e. Any Ii Ie insurance policy;
d. Her employee benelils and savings plan; and
e. 1/2 of the escrow lunds with Keystone Financial.
The WIFE hereby waives all right and title which she may have in any personal property
of the HUSBAND. HUSBAND likewise waives any intercst which he has in the personal
property of the WIFE. Heneelilrth, ench of the pnrties shall own, have and enjoy independently
of any elaim or right of the other pnrty, ull items of personul property of every kind, nature and
description and whercver situated, which lire then owned or held by or which may hereafter
5
belong to the IIUSBAND or WIFE with lull power to the II11SBAND or lhe WIFE to dispose of
same as lully ami etlcclually, inull respects and lilr 1111 purposes us ifhe or she wcrc unmllrried.
Each party agrecs thllt neither will incur obliglltions, liens or liabilities on uccount of the
other al\llthat Irol1l the date of this Agreement, neithcr party shall contrllct or incur obliglltions,
liens or IIny Iillbility whatsocver on account of the olhcr.
II.
AUTOMOBILES:
n. HUSBAND agrccs to wuivc any and all intcrcst whieh he may
have in the automobiles in posscssion of the WIFE.
b. WIFE agrecs to waivc any and all intcrest whieh shc may have
in the automobiles in possession of the HUSBAND.
They each wuive any claim which they have in any automobile owned by the other party.
12.
INCOME TAX EXEMPTIONS: The partics agree to file separate income tax
returns for 1998. WIFE shall be entitled to claim Joshua Edward Loy as a Federal income tax
exemption for the 1998 tax year. For future years, the Internal Revenue Code shall dictate who
shall claim the child as a tax excmption.
13.
INSURANCE AND EMPLOVEE BENEFITS: The parties agree that any life
insurance polieics on the Iilc of HUSBAND or WIFE or any othcr cmployee benctits, including
but notlimitcd to retir~'Il1cnt, protit sharing or mcdical bcnetits of eithcr party, shall be their own.
WIFE waives all right, title and claim to HUSBAND'S employce bcnelits, and HUSBAND
waives all right, title, and claim to any of WIFE'S employcc bcnelits. HUSBAND agrees to
complete all lorms and provide all mediclIl records nccessllry to comply with the disllbility claim
6
with Consumers Ulc Insurance Compuny which pays WIFE'S Chrysler Cr~'<Iit Joun payments.
HUSBAND agrees to return said limn to WIFE within ten (10) days Irom his receipt of said
lorm.
14.
BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and
intercst which she may huve in the savings or chceking or any other bank accounts of the
HUSBAND. The HUSBAND ugrees to waive all inlerest which he has in the bank accounts of
the WIFE.
15.
DIVORCE: The parties both agrce to eooperate with each other in obtaining a final
divorce of the marriage. It is agreed that the parties will execute and tile the consents necessary
to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all
the costs and legal fecs of the party who is sceking the divorce.
16.
BREACH: If either party brcaches any provisions of this Agreement, the other party
should have the right. at his or her election, to sue lor damages for such breach or seck such other
remedies or reliefus may be available to him or her, and the party breaching this contract should
be responsible for payment of legal fces and costs incurred by the other in enforcing thcir rights
under this Agreement.
17.
ADDITIONAL INSTRUMENTS: Euch of the Pllrties shall from lime to time, at the
request of the other, execute, acknowledgc lInd deliver to thc other party any and all further
instnlments that may be reusonably rcquired to give full force and ellcetto the provisions of this
Agrecment.
7
Ill.
VOLUNTARV EXECUTION: The provisions of this Agreement and their legal etlcct
havc been lully explained to the purtles by their rcspcctivc counsel, IInd each party
acknowledges that the Agreement is Iilir and cquitahle, und thllt it is being entercd into
voluntarily, IInd that it Is not the result of uny duress or undue intlucnce. The provisions of this
Agreement lire lully understood hy both parties und ellch pllrty acknowledges thlllthe Agreemcnt
is fair and equitable, thllt it is being entered into voluntarily, and thllt it is not the result of any
duress or undue Intluence.
19.
ENTIRE AGREEMENT: This Agrecment contains the cntirc understanding of the
parties and there arc no representations, wllrranties, covenants or undertakings other than those
expressly set torth herein.
20.
APPLICABLE LAW: This Agrecment shall bc construed under the Laws of the
Commonwealth of Pennsylvania.
21.
PRIOR AGREEMENTS: It is undcrstood and agrccd that any and all property
selllement agrccments which mayor have been executcd prior to the date and time of this
Agreement lire null and void and of no eflcct.
22.
PA VMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own
costs and Icgal Ices required to obtain IInd complete the divorce.
K
. .
COMMONWEAI,TII m' P.:NNSYI,VANIA
COUNTY OF CUMB.:RI.ANI)
: SS:
PERSONALL Y APPEARED BE.'OR.: I\U:, this L')'H1day of September, 1998, a
Notary Public, in and tilr the Conunonwealth of I'ennsylvuniu unll County of Cumberland,
VIRGINIA L. I,OY, known hI Il1C (or satislilctorily prnven) to be thc person whose name is
subscribed 10 the within Mllrriuge Selllement Agreemenl, and acknowledgcs tllllt she executed
the same Ihr the purposes lherein contained.
IN WITNESS WIIER.:OF, I huvc hereunlo selmy humlund otlicial seal.
f Notarial Baal
r.n~~~h~~o N~I. NOla/}' Public
'1,'.' ~ "'ll"rJi~p;Ion' E Tbol1nnd County
'; ......;_.,. :......-?p res Sopl. lB. 1999
,. -' ',' , 1'-. . :':./;" \!I~:, '-, OfM l!b
~r{~Cjl~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
: SS:
PERSONALLY APPEARED BEFORE ME, lhis Lt!!!day of Septembcr, 1998, a
Notary Public, in and Ihr the Commonwealth of Pennsylvania and County of Cumberland,
STEPHEN B. LOV. SR,. known to me (or satislnctorily proven) to be the person whose name
is subscribed to the wilhin Mllrriage SeUlemenl Agreemcnt, und acknowledges that he executed
lhe same tor the purposes thcrcin contained.
IN WITNESS WIIEREOF, I have hereunto set my hand and otliciol seal.
al.. iJ.dL.t,'-'
Notarial Seal
Flal*1 J. Go.horn ~ PubIIo
C'r1lIle Bolo. curn\iOrllI1d CounIV
t.'~_ Commlnlon explros AprIl 17, 1899
10
STEPHEN B. LOY, SR., . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
v. CIVIL ACTION - LAW
. (1 (so- I Ii'l CIVIL TERM
.
VIRGINIA L. LOY, :
Defendant IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case will
proceed without you and a decree of divorce or annulment may be
entered against you by the court. A jUdqment 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 ot the marriage, you may request marriage
counseling. A list of marriage counselors is available in the
Office of the Prothonotary at Cumberland County Courthouse,
carlisle, Cumberland County, Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
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
00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FINO OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Court Administrator
4th Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
(717) 240-6200
,
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CIVIL TERM
IN DIVORCE
STEPHEN B. LaY, SR.,
Plaintiff
VIRGINIA L. LaY,
Defendant
COIIPLJl.:nl'l' III DIVORC.
1. Plaintiff is Stephen B. Loy, sr., an adult individual
whom has been residing at 50 Bonnybrook Road, Lot 41, carlisle,
Cumberland county, Pennsylvania, since October 1995.
2. Defendant is Virginia L. Loy, an adult individual
currently
residing
at
203 South Washington street,
Shippensburg, Cumberland county, pennsylvania, since June 1989.
3. Plaintiff is a bona fide resident of the Commonwealth
of Pennsylvania
and has been so for at least six months
immediately previous to the filing of this complaint.
4. Plaintiff and Defendant were married on December 6,
1975, in Oakville, Cumberland County, Pennsylvania.
5. There have been no prior actions for divorce or
annulment between the parties.
6. The Defendant is not a member of the Armed Forces of the
United States of America or its Allies.
7. Plaintiff has been advised of the availability of
counseling and the right to request that the court require the
parties to participate in counseling.
Knowing this, Plaintiff
does not desire that the Court require the parties to participate
in counseling.
-.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING COMPLAINT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FAI.8E STATEMENTS HEREIN
MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904
RELATING TO UNSWORN FAI.8IFICATION TO AUTHORITIES.
DATE:/- ,/ /"'" -- J' (.
- -., ..;,..:;a I
I
;
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STEPHEN B. LOY, SR., I IN THE COURT OF COMMON PLEAS OF
Plaintifr I CUMBERLAND COUNTY, PENNSYLVANIA
I
vs, I CIVIL ACTION - LAW
I
VIRGINIA L, LOY, I 96-194 CIVIL TERM
Derendant I IN CUSTODY
A"IDAYI~ 0' 1..VIal
AND NOW, this :14th day or January lQ96, oome. Bradley L.
Griffie, Esquire, Attorney ror Plaintirr, stephen B. Ley, sr.,
and states that he penonally mailed a oopY or a Complaint in
Divoroe to the Derendant at :lOJ S. Wa.hin9ton street,
Shippen.bur9, Pennsylvania by oertiried mail, re.tricted
delivery, return reoeipt reque.ted, A copy or .aid recdpt i.
attached hereto indicstin9 .ervice wss .ade on January 19, 1995.
Sworn and Bub.cribed
to thiS'Ji/ t'l day
of Janu~ry, 1996.
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STEPHEN B. LOY, SR"
Plaintiff
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
CIVIL ACTION - LAW
VIRGINIA L, LOY,
Defendant
96-194 CIVIL TERM
IN DIVORCE
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AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(e) Ofo" TilE DIVORCE CODE
I. A Complaint in Divorce undcr Scction 3301(c) of thc Divorce Code was tiled on
January 16, 1996.
2. The marriage of Plainti ff and Dcfcndant is irretricvably brokcn and nincty days have
elapsed from the date of tiling of the Complaint.
3. I eonsentto the entry ofa Iinal Deeree of Divorce without notice.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them bcfore a divorce is granted.
5. I undcrstand that I will not be di"orccd unlil a divorce decree is cntered by the Court
and that a copy of the decree will be sent to me immcdiately after it is tiled with the
Prothonotary.
I veritY that the statements madc in this atlidavit are true and correct. I undcrstand that
false statements hercin made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: ...s.. ,c"'" J it
,1998
.~,
. ,
STEPIIEN B, LOY, SR.,
Plaintiff
: IN Tm: COURT OF COMMON PLEAS OF
, .
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
VIRGINIA L. LOY,
Defendant
96-194 CIVIL TERM
IN DIVORCE
AFFIDA VIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(e) OF TilE DIVORCE CODE
I. A Complaint in Divorce under Section 3301(e) of thc Divorce Code was tiled on
January 16, 1996.
2. The marriage of Plaintill' and Defendant is irrelrievably broken and ninety days have
elapsed Iwm the dale of tiling of the Complaint.
3. I eonsentto Ihe entry of a linal Deeree of Divorce without notice.
4. I undcrsland that I may lose rights concerning alimony, division of property, lawyer's
fccs or expenses if I do not elaim them belbre a divoree is grunt~'lI.
5. I understand that I will nol be divorced until a divorce deeree is enter~'d by the Court
and lhat a copy of the deeree will be sent to me immediately atler it is liled with the
Prothonotary.
I verity that the statements Il1l1de in this utlidavit are true and eorrect. I understand that
lillse stalements herein made are subject to the pcnaltics of 18 Pu. C.S. Section 4904 reluting to
unsworn falsitication to authorities.
Date: ~1.u,..71 ,1998
4v.'~oY
Defendant
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LAW OFFICES
IRWIN McKNIGHT & HUGHES
RDOrR 8 IRWIN
MARCUS A UcKNIOMr. //I
JA4IES D HUOHES
REBECCA R HUGHES
OANIEL W DfARUENr
WEST POMFRET PROFESSIONAL BUILDING
110 WEST POMfRET STREET
CARLISLE, PENNSYLVANIA 17013.3222
(717) 249.2353
FAX (717) 249.6354
E.MAIL: II/HLAWClIAOLCOM
HAR~DS IRWIN ,flls-rem
HAROLDS IRWJN,JR 1"54."",
IRWIN,IRWIN . IRWIN ,"5I.flla)
IRWIN, IRWIN II ""eKMONr 'fiN."'.,
September 17, 1998
ATTENTION:TRACICOLYER
DIVORCE MASTER'S OFFICE
55 WEST CHURCH STREET
CARLISLE, PA 1701l
Re: Loy VI. Loy
Dear Tracy:
I am enclosing two exeeut~'<I copies of the Marriage Settlement Agrccment in reference to
the above relcrenced case. If you hllve any questions, plcase conlactme.
MAMlmln
Enclosure
,
OFFICI OF DIVOIICI MASTIII
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240.6535
I. ...1Ie.. Illck." II
Dlvorca Ma.tar
Trllel ... C.".,
Offlca Managar/Raportar
w... Iho..
697.0371 Exl.6535
December 15, 1997
Bradley L. Griffie, Esquire
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
Marcus A. McKnight, Esquire
IRWIN, McKNIGHT & HUGHES
60 West Pomfret street
Carlisle, PA 17013
RE: stephen B. Loy, Sr. vs. Virginia L. Loy
No. 96 - 194 Civil
In Divorce
Dear Mr. Griffie and Mr. McKnight:
By order of Court of President Judge Harold E. Sheely
dated December 8, 1997, the full-time Master has been appointed
in the above referenced divorce proceedings.
A divorce complaint was filed on January 16, 1996,
raising grounds for divorce of irretrievable breakdown of the
marriage. No economic claims were raised in the complaint.
On or about November 21, 1997, (the Prothonotary's stamp
is not readable on the backer) the Plaintiff filed a petition
for economic claims raising the issues of equitable
distribution, alimony, alimony pendente lite, and counsel fees
and expenses.
Mr. McKnight has been noted on the motion for appointment
of Master as the attorney for the Defendant; however, Mr.
McKnight has not entered his appearance in the action. I am,
however, sending Mr. McKnight this letter with a copy to
Virginia L. Loy, Defendant,
I am going to proceed on the basis that grounds for
divorce are not an issue and that the parties will sign and file
affidavits of consent. Based on that assumption, I am directing
each counsel to file a pre-trial statement in accordance with
P.R.C.P. 1920,33(b) on or before Friday, January 9, 1998. Upon
receipt of the pre-trial statements, I will immediately
STEPHEN B. LOY, SR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
VS.
VIRGINIA L. LOY,
Defendant
NO. 96 - 194 CIVIL
IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
TO: Bradley L. Griffie
Marcus A, McKnight, III
, Counsel for Plaintiff
, Counsel for Defendant
A pre-hearing conference has been scheduled at the
Office of the Divorce Master, 9 North Hanover Street, Carlisle,
PennsYlvania, on the 17th day of April, 1998, at 9:30 a.m., at
which time we will review the pre-trial statements previously
filed by counsel, define issues, identify witnesses, explore the
possibility of settlement and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 1/20/98
E. Robert Elicker, II
Divorce Master
STEPHEN B. LOY, SR.,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96 - 194 CIVIL
VIRGINIA L. LOY,
Defendant
IN DIVORCE
RE: Pre-Hearing Conference Memorandum
DATE: Friday, April 17, 1998
Present for the Plaintiff, Stephen B. Loy, Sr., is
attorney Bradley L. Griffie, and present for the Defendant,
Virgina L. Loy, is attorney Marcus A, McKnight, III. Also
present today is Josh McDowell a senior at Messiah College. Mr,
McDowell is present with Mr. McKnight.
A divorce complaint was filed on January 16, 1996,
raising grounds for divorce of irretrievable breakdown of the
marriage. Counsel have advised that the parties will sign and
file affidavits of consent and waivers of notice of intention to
request entry of divorce decree prior to the hearing. The
complaint did not raise any economic claims.
On November 26, 1997, husband filed a petition
raising economic issues of equitable distribution, alimony,
alimony pendente lite, and counsel fees, Wife filed a petition
on her own behalf raising all of the economic issues as noted on
December 17, 1997.
With respect to the factor of marital misconduct as
that factor affects wife's and husband's alimony claims,
husband's counsel has indicated that he believes his client will
stipulate that he was engaged in an extra marital relationship
prior to the parties' separation. otherwise, counsel do not
intend to offer any testimony on misconduct,
The parties were married on December 6, 1975, and
separated October 26, 1995, They are the natural parents of two
children, Stephen, Jr., who is emancipated, and Joshua, who is a
minor and who lives with the wife. Joshua is 17 years of age
and is currently a junior in high school,
Husband is 46 years of age and resides at 50
Bonnybrook Road, Lot 41, Carlisle, Pennsylvania, where he lives
with a female friend. He completed the 11th grade and has
previously worked as a mechanic, Currently he is unemployed
arising out of an injury sustained in an automobile accident,
There is some issue about whether he is totally disabled or
whether he can do light work. Mr, McKnight and Mr. Griffie have
discussed the possibility of agreeing that Mr. Loy does have an
earning capacity and Mr. McKnight has suggested that he would
stipulate that Mr. Loy can earn $250.00 net per week, Mr,
Griffie is going to discuss that issue with his client to see if
he can enter into such a stipulation. otherwise, counsel can
proceed with examinations and evaluations as required to present
the case with regard to the issue of earning potential,
Although husband has no current income, he has filed a claim
with social security disability which has been denied, which has
been appealed and is waiting for a hearing, The issue involving
husband's injury apparently has to do with nerve damage in his
shoulder which apparently prohibits use of his upper body.
Husband does not have any medical insurance coverage through any
employment since obviously he has not engaged in any employment
for some time since the accident in May of 1996; however, Mr.
Griffie is going to inquire as to whether or not husband does
have a medical assistance card to cover his medical costs.
Wife is 41 years of age and resides at 203 South
Washington street, Shippensburg, Pennsylvania, where she lives
with Joshua, the minor child. Wife is a high school graduate
and works for Tuckey Metal Fabrications as a systems
coordinator. She reports net weekly income to be $326.15. She
has medical insurance benefits through her employment. She has
not raised any health issues.
The parties own real estate at 203 South Washington
street, Shippensburg, Pennsylvania, where wife is residing, The
property is subject to a first mortgage in favor of F&M Trust
with an approximate payoff of $40,400.00. The payment on that
mortgage is $497.40 per month. The property is also subject to
a second mortgage in favor of Beneficial Finance Company and the
payoff on that loan is approximately $7,300.00, The monthly
payment on that loan is $208.62. Counsel have advised that both
mortgagees have filed foreclosure proceedings. There was some
discussion about listing the house for sale. Also, the Master
suggested that perhaps wife could get some assistance through
Pennsylvania Housing Financing,
Husband has a 1984 Dodge pickup truck which the
parties have valued separately. Wife believes the truck is
worth $2,500.00 and husband has placed a value on the truck of
$1,000.00. Consequently, Mr. Griffie is going to attempt to
have the truck valued. Counsel have agreed that the 1995
Plymouth Neon in wife'S possession has a value of $7,750,00,
During the course of the marriage wife and husband
cashed out their 401(k) plans with their respective employers
and the monies that were withdrawn were utilized for expenses of
the parties during the time they were living together, Husband
has suggested that perhaps wife secretly kept some of the funds
but there is no evidence to show that there are any assets that
were retained arising out of the receipt of the retirement
money.
The parties agree that the tangible personal
property in wife's possession has a value of $5,000,00.
However, there is an issue about tools which husband apparently
had purchased from snap-on, Husband suggests the value of the
tools to be $10,000.00; wife suggests the value to be
$30,000.00. One of the issues that we have discussed is the
location of the tools and their identity. Mr. McKnight is going
to attempt to get a list of the tools from Snap-on and then Mr,
McKnight and Mr. Griffie will try to locate the tools so an
appraisal can be done if necessary.
Listed on the pre-trial statements are savings and
checking accounts from Orrstown Bank. Mr. McKnight is going to
attempt to provide the date of separation balance on those
accounts although counsel tend to agree that the amounts in the
accounts were minimal.
There is approximately $3,600.00 in escrow
representing tax refunds of the parties, The money is being
held in Financial Trust in the names of both counsel,
Listed on the pre-trial statements are numerous
marital debts and counsel are going to provide date of
separation balances on those debts, If either of the parties
made payments on account of the debt after separation, the
Master will consider any credits that might be due the party
making the payments,
Counsel have also discussed the possibility of the
parties joining in a bankruptcy petition in order to extinguish
and discharge the debt and preserve certain assets of the
parties based on exemptions that they would be allowed. Counsel
are going to cooperate on this issue and evaluate the benefit to
the parties in filing a bankruptcy proceeding, Consequently,
the Master and counsel have suggested that perhaps we do not
want to have the parties immediately list the house for sale
until we know what affect the bankruptcy proceedings may have on
the real estate and the pending forclosure proceedings.
Mr, Griffie has pointed out that at the time of
separation each of the parties had in existence 40l(k) plans and
STEPHEN B. LOY, SR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96 - 194 CIVIl.
vs.
VIRGINIA L. LOY,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ORDER AND NOTICE SETTING HEARING
TO: Stephen B. Loy, Sr. Plaintiff
,
Bradley L. Griffie Counsel for Plaintiff
,
Virginia L. Loy , Defendant
Marcus A. McKnight, III Counsel for Defendant
,
You are directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street, Carlisle, Pennsylvania on the 17th day
of September , 199B, at 9:00 a.m" at which
place and time you will be given the opportunity to present
witnesses and exhibits in support of your case.
.,r~
. E: ~loff}r, President ,Judge
Date of Order and
Notice: 4/17/98
By:
Divorce Master
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 IlMI ASSOCI AT ION
2 LIIlEIlTY AVENUE
CAllI.CSI.E, PA 171113
TELEPIIONE ('/17) 24')- J I (,(,
V. INCOME AND EXPENSES
A. See defendant's Income and Expenses Statement aUached as Exhibit" A. "
YI. PENSION
A. Wife's IRA
B. Husband's IRA
VII. MARITAL DEBT
See aUached Inventory and Appraisement.
IX. PROPOSED RESOLUTION
The defendant seeks a 45% to Husband and 55% to Wife division of the net assets
of the panies. The real estate will be listed to be sold,
X. COSTS. EXPENSES" LEGAL FEES
Cost of independent medieal examination
Legal fees ofIrwin, MeKnight & Hughes
Date: January 9. 1998
2
EXHIBIT "A"
EXPENSES
Home
Mortgage/Rent """."....."........................
Ma Intenance ...... ..... ..... ,..........................
Utllltles (telephone, heating
electric, etc.) ,....,..................................
Employment (transportation,
lunches) ..,.."',,,....................................
Taxes
Real Estate .............,................................
Personal Property...................................
Income .....................................................
Insurance
Homeowners ....,......................................
Automobile .......,......................................
Llle/Accldent/Health ..............................
Other ........................................................
Aulomoblle (payments, luel,
repairs) ............................... .................,
Medical
Doctor, Dentist, Orthodontist ................
Hospital...................................................
Special (glasses, braces, etc.) ...............
Education
Private, Parochial School.......................
College .....................................................
Personal
Clothing ...................................................
Food .........................................................
Other (ho.-hold supplies,
barber, etc.) ..........................................
Credit payments and loans ....................
Miscellaneous
Household help/child care .....................
Entertainment (Inc, papers,
books, vacation, pay TV, etc.) ............
Gilts/Charitable contributions ..............
Legal Fees ............,..................................
Other child supporllallmony
payments .............................................
Othor (specify) ...............................................
Total Expenses .....,....,.................................. I
Housohold
Week
I
I
I
I
I
I
I .
I
I
I
I
I
I
I
I
I
I
I
I
,
I
I
I
I
I
I
I
I
I
I
I
I
$
I
Child
Weok
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Household
Month
Child
Month
$ 504.56 $
$ 100.00 I
$ 312.00 $
$ 75.00 I 40.00
$V/MORTGAGE I
IV/MORTGAGE I
$__ I
$ V/MORTGAGE I
S lAn nn I
S MIA S
S MIA I
S 380.00 $
S 10.00 $
$ M/A S
S MIA I
I MIA I
S MIA I
S 50.00 S
I 400.00 S
S __.~O.OO $___
S 550.00 $
S M/A $
S 4'i.00 I
S 160.00 $
S 100.00 $
S MIA $
S I
S 2.876.56 S 40.00
"
.
PROPERTY OWNEO Ollcrlptlon
Chocking Accounts ....,...ORRSTOIIN IIANJt/ACCT '652t05
Own.rshlp'
V.lu.
10.08
H
W
J
$
$
S
$
$
$
$.
$
$
$
$ --!&OO.OO
$
$
---
Savings Accounts ..,....,..,Q.RRSTOIIN BANJ:lACCT '408247
-----
17.q1
---
Credit Union ........,...........
----
....................
---
Stocks/Bonds ..................
---
.................. -
---
Real Eslato ..........,...........
----
......................
---
Other ~~..IM..~.r;;llrl.!1.\l!STOWN IIANJt
---
................................
---
Total, Property.................,...
---
----
INSURANCE Comp.ny
Hospital........................... HEALTH AMERICA
Medical............................ HEALTH AMERICA
Health/Accldent ..............
Disability Income ............
Other (dental, etc.)..........
('H . Husband, W . Wife, J . Joint, C . ChI/d)
Polley No.
1007560002
100H60007
Coy.reg. .
H W C
- .....L- .....L-
- --L- --L-
---
----
---
SUPPLEMENTAL INCOME STATEMENT
.
A. This form must be IlIIed out by a person who (check one):
- (1) operates a business or practices a prolesslon; or
- (2) Is a member 01 a partnership or Joint venturej or
- (3) Is a shareholde,r In and Is salaried by a closed corporation or similar entity.
B. Attach to this st.tement a copy 01 the lol/owlng documents relallng to the business, pro less lon, partnership,
Joint yenturlflCorporatlon or similar enlily. , ,
(1) the most recent Federal Income Tax Return, and
(2) the most recent Prollt and Loss Statemont.
C. Name and Address 01 business:
Telephone Number
D. Name and Address (II dlllerent than C) 01 accountant, controller or other person In charge 01 I/nanclal
records:
E. (1) Annual Income Irom business ............................................................................................. $
(2) How ollen Is Income received? ................................................................,........................... $
(3) Gross Income per pay period ..........................,.............................................,...:.................. $
(4) Net Income per pay period ............................................................................,...................... $
(5) Speclllc deductions II any ..,...................,..,......,................................................................... $
'.
DR 25,OH
V'lRGHilA LEE LOY
, PLAINTIFF
. ,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SEcnON
CIVn. AcnON . SUPPORT
VS
STEPHEN B. LOY, SR,
, DEFENDANT
132
NO.
SUPPORT 19. 96
HEALTH INSURANCE COVERAGE INFORMATION REQUIRED BY THE COURT
Thillntannadan mUll be completed Illd relllmed 10 lI1e domestic relllioru ""tiOIl.
IF YOU FAlL TO PROVIDE THE INFORMATION REQUESTED. THE COURT MAY FIND mAT YOU ARB IN CONl'EMPT OF COURT.
Do you .....ld.ins...... coven,. Cor 111. drpmd.nll named below? (Check each lype oC lruunnce which you provide).
TYPE OF COVERAGE
Full H..... 55. HOlplllllution Medical Denl&l Ey. Prucripdon 0Iber
Stephen JR, t92-64-9H7 a a a a a a
.tnqhll~ F. 192-64-7838 a a a a a CJ
a a a a a CJ
a a a a a CJ
a a a a a CJ
a a a a a a
N011!: B.con Corwlrdlna Ihe Conn 10 Ihe plr\)', 1110 domesdc rel.doru IOCtion should nu in 111. nanes and Social Security nwnbon oC!he depcndallS
aboUI whom Ihe Intonnllilll\ Ie 1OUaJu.
Provide Ihe CoIIowina Wonnadon Cor aIIl)'pe1 or insurance you mainllln. whclher or nollllY or Ihe abov..nunecl depcndenlS Ie covered IIIh1a limo:
lNurance company (provider):
Group .:
atflCli.. co...... dolo:
Coil oC cov.... Cor dopondl/lll:
Plan .:
Typo oC co.....,
Polley .:
INunnco company Cprovidor):
Group I:
E1Tocliv. co...... dolo:
COlI oC co..... Cor depauIcnu:
Plan .:
Typo or coven,e:
Policy .:
lNurance company (pro.lder):
Group .:
Effoclivo co...... cillo:
COil oC cov..... ror depcndenlS:
Plan .:
Typo or coven,e:
Polley .:
insurance company (provider):
GrOllp':
Elfoclivo co...... cillo:
COil oC co..... Cor depauIcnu:
Plan':
Typo or coven,.,
Polley .:
tr Ihe above.named c\opendenlS ore nol CUlTeruJy covered by insuran..., pi.... .lIIe 111. ..lIesl cillo "'v...... could be providol.
DRlH 480-1
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6. Plalntltf and Defendant have Incurred debts and oblillltlons during their
nwriqe which are subject to equitable distribution,
WHEREFORE, Plalntitf requests your Honorable Court to equitably divide their
owItal property and equitably apportion their debts.
COUNT D . ALIMONY. ALIMONY PENDENT LlTla
COUNSEL FEES AND EXPENSe
7. Plalntitf is unable to provide for or afford his counsel fees, expenses, and costs
durins the pendency of this divorce action and through Its resolution.
8. Plalntitf Is without sufficient property and otherwise unable to financially
support himselfbelng unemployable due to disability.
9. Defendant is presently employed and receiving a substantial income and benefits
and is able to pay for counsel fees, ClXpCll1ICl1, and costs u well u alimony and alimony
pendent lite for Plaintiff.
WHEREFORE, Plalntitf requests your Honorable Court to enter an Order
requirina Defendant to pay PlalntiWs counsel fees, expenses and costs u well u providing
for payment of appropriate alimony and alimony pendente lite to Plaintiff.
Respectfully submitted,
GRlFFm &. ASSOCIATES
. GrifJi( Esquire
North Wi\over Street
Carlisle, PA 17013
(717) 243-555 I
(800) 347-5552
VERIFICATION
I verilY that the Itatementl made in the foregoing document are true and correct. I
underatand that falllClltatementl herein are made IUbject to the penaltlel of 18 Pa.C,S,
Section 4904, relating to unsworn falllflcations to authoritiel.
DATE:! I-:A I -1 ?
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STEI'IIEN n. I.OY. SK.. IN TilE COlJKT OF COMMON I'I.E^S OF
PETITIONEK : Cl/MIlEKI.^NIH'OlJNTY. PENNSYI.V^NIA
VS
: DOMESTIC IU:lAI'IONS SECTION
CIVIL M'TION. DIVORCE
VIK(jINI^ I.. I.OY.
IWSPONDENT: NO.'II'./'I.J CIVIL
ORm:R (W COlJRT
^ND NOW. this 5th day IlfJun~. 191)7. uplln ~Ilnsid~rlllilln "flh~ r~~ollllll~lIdntion Ill'
Ihe DOIll~slic K~llIlillns Cllnli:ren~~ Oflic~r pursullnl to lh~ K~spond~nt h~ing lh~ cuslodiol
pllrent Ilflhe parti~s' Iln~ d~pcnd~nl child und 1'^.ltC,l'. Kule IlJlll.16.5 OJ. IT IS IIEKEBY
OKDEKED ^NI> DIKECTED lI11lllh~ r~qu~sllilr ^lilllllny l'~nd~lII~ l.il~ is d~ni~d.
This nrd~r shall h~colll~ linnll~n dnys nll~r th~ Illniling oflh~ nlltic~ of the ~lIIry Ilfth~
ord~r to th~ purti~s unl~ss eith~r pnrty liI~s n wrill~n d~lIlnnd Wilh Ih~ 1>1l1ll~slic Kelntillns
Scclionlilr u hcnring dc nllvo hclilrc the Court.
BY TilE COlJKT.
DRO:
R. J. Shaddny
SlcphcnB. LIl)'. Sr.. petitillncr
Virginiul.. LilY. respllndcnt
Brodlcy I.. Griflic, Esquirc
Marcus ^. McKnight. 1II. Esquire
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GRIFFIE & ASSOCIATES
Attorneys lad CODDlelon At Llw
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011oo ac-..
211 N.... a-......
CeoIIIo,'A I7IIJ
(717) UJ.I6I1
1~.J47.aa
'AX 717 au ,"."
December 18, 1997
P-Lf~T"'""
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~... A......A Inti
(717) UNJII
..... 10. CoolWt
E. Robert EUcker, n
Divorce Mllter
9 North Hanover Street
Carlillo, PA 17013
RE: Lay v. Lay
No. 96-194 Civil
Dear Mr. ElIcker:
The Court recently appointed you as muter In the above-captloned action. You
indlc:ate in your correapondence of December IS, 1997 that you are lolna to proceed on
the buI. that the partlea will file conaent. to the divorce. I am not lUre whether MI. Lay
will in fact conaent to the dlvorce as It baa been her poaltlon recently that ahe will not
COnaent to the dlvon:e. However, the partlea, by previou. confirmation throush coWllel,
... that the two year annIveraary of the date of aepvatlon baa already "..aed.
Therefore, even though we may not be able to conclude thi. as . Section 3301(c) there
IhouId be no II'JlUment to the fact that we can conclude this as. Section 330 I (d).
Mr. McKnIsht, of courae, can clarifY thi. issue on his client's behalf as he desires.
BLGllam
cc: Stephen B. Lay, Sr.
Marcus A. McKnisht, III, Esquire
STEPHEN B, LOY, SR.,
PLAINTIFF
VI,
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSVLV ANIA
: CIVIL ACTION. LAW
VIRGINIA L, LOY,
DEFENDANT
: 96-19~ CIVIL TERM
: IN DIVORCE
PETITION FOR ECONOMIC CLAIMS
AND NOW, comes lhe petitioner, Virginia L, Loy, by and through her attorney, Irwin,
McKnight & Hughes, and petitions the court as follows:
I.
The petitioner is the defendant, Virginia L. Loy, in this action,
COUNT 1- EOUITABLE DrSTRrBUTrO~
2.
The parties are the joint owners of real estate located at 203 South Washington Street,
Shlppensburg, Cumberland County, Pennsylvania.
3.
The parties are joint owners of various items of personal property, furniture, and
household furnishings acquired during their marriage which are subjeclto equitable distribution.
4.
Plaintiff and defendant have ineurred debts and obligations during their marriage whieh are
subjcctto equitable distribution,
WHEREFORE, Plaintiff requests your Honorable Court to equitably divide their marital
property and equitably apportion their debts,
.
I
I.
2
~
The foregoing Petition is based upon infonnation which has been gathered by my counsel
and myself in the preparAtion of this action. I have read the statements made in this Pctitlon And
they arc true and correct to the best of my knowledge, information and belief. I understand that
false statemcnts herein made are subject to the penalties of 18 Pa, C.S,A. Section 4904, relating
to unsworn falsitieatlon to authorities.
?~..~~/ ~~
VIRGI L. LOY
Date: December It.. 1"7
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STEPHEN B. LOY, SR.,
PLAINTIFF
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLYANIA
: CIVIL ACTION - LAW
VI.
VIRGINIA L, LOY,
DEFENDANT
: 96-194 CIVIL TERM
: IN DIVORCE
PRAECIPE TO ENTER APPEARANCE
To Lawrence Welker, Prothonotary:
Please enter my appearance on behalf of the defendant, Virginia L. Loy.
Respectfully submitted,
IRWIN McKNIGHT & HUGHES
l1t.
. I
By:
Marcus
60 West 0
Carlisle, A 1701
(717) 24 -2
Supreme Court I,D, No. 25476
Attorney for Defendant,
Virginia L, Loy
Date: December 17, 1997
sn:I'm:N 1l.1.l1\', SR.,
1'IIIIllllll11'elltlllller
IN 'I m: ('ClIIRT (W('OI\lI\lON I'...:AS (W
('UI\lIl':H""NIl ('ClIINH', I'ENNS\'I.V ANIA
VS.
nVII. A('TION . IlIVOKn:
VIKWNIA I.. I.m'.
IklClllllllllllle'l"ll"lelll
NO. 'lII- 1'14 nV11. n:KI\l
IN IlIvcmn:
IlKII 21..~20
UItUEIt (n- ('()l I Il'I'
^NII NOW, thl, J!!1!L dll)" IIf.Mill.,. 11)1/1.111'"11 cIIIl,ldernlillllllrlhe IIl1l1ched I'elililllltilr
^"lIIlIll) I'ellllellle Lile lllllllur CIIllllwllCe" it i, hereh)" ,lIrecled Ihllllhe I'"llie, 1I11lllheir re'l'ectlve
CIIIlIl,c1l1l'l'ellr heh.re IU, Shlllldll\' 1111 Jlllle ~. 11)111 III '1:011 ^,M, 1'111' II clllllcrellce. III I J N. Ilullllyer SI..
('lIrlisle. I'^ 11111,1. uller IIhieh Ihe cllufcrellee llnieer IIIU)" "eellllllllellll Ihlll 1111 I lr,ler 1'111' ^1I11l1l11)"
I'ellllcllle Lile Ill' elllered,
VIlli lire fllrlher IInlemllll hrillg IlIlhe elllllCrelll'e:
II I Illrue eliI')' III' Y"llr 11I11'1 recellll:edernllllCIIllle '1'11\ Ilelurll. illcllldillg W.2', U\ liIed
(2) )'"11' I'")" ,tllh, Ii.r Ihe I'recedillg ,is If'l 11llllllh,
1.1) Ihe h.ellll1e IIl1lt bl'ellw Slulelllelllullllehe,lllIlhl, IInler. cIIlIIl'leled 'IS re'llIired h)' Illlle
1'110,11'"
"'I yerilielllillllllf ehihl ellre e\I,eIlW'
t~} prouf,,!' medical CI1\'L'nlgc which ~lIU 11I11> hilve. III' mn) have Ilvulluhlc In you
II: )"1111 fllilllllll'l'eur li.r Ihe ellllferellee III' hrlllg Ihe re'llIlred dllelllllell". Ihe Cllllrllllll)' Isslle 11
\\'lIrrnnllilr )'lHII' Hll'C\'.
IIV 1111: COllin.
.IIUfIIld F. Sheel)">,r~Jlelll Jlldge
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IIllle IIfOnler: Mill" 1'1. 1'1')7 A if.:.
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Mlllell' ^. McKlllghl. III. hqllit0 ~.",,"'-' , ""11
\'lllIIlAV': 'I'm: Klcan TO A t.AWn:K. Wlllll: I\lA \' A'l'TENIl ....11: C'ON....:K.:NCE ANIl
IU:I'Kt:St:NT "CIII. II' \'elllIlO NOT IlAVE A ""wn:lt OK ('ANNOT AH'OHIlONt:. (;0 TO
OK n:U:I'1l0N.: Tilt: o"''I('t: SET t'OKTllllt:t.OW TO "INIl 011'1' wm:K': "elll I\lA \' (a:T
u:(;^l.m:u'.
1'0llRI ^llMINIS 1I1^ IIIIl
It 1111I1111'1.01111
\'I,MIIUII.^NII (,(IIIN IY 1'11111I1 III II ISF
l'i\IlI.ISI.I.I'I'.NNSYLV^NI^ 11111.1
1111\2.\11-1.21111
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE
CONFERENCE AND REPRESENT YOU, 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 MAY GET LEGAL HELl',
Court Adminislrator
Fourth Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
(717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
Tbe Court of Common Picas of CUlllberlulld COllin)' is rcquircd by Iuw 10 comply witb Ibe
Americans wilb Disabilities ACI of 1990, For iuformaliou nboul acccssiblc filcililies und reasonable
acxomlllodnlions o\'uiluble 10 disabled iudividuals baving bnsincss before Ihe court. please conlnct ollr
office. All orrDngelllcllls musl be made allc:)sl 72 honrs prior 10 :IIIY bcarinll or bnsincss before Ibe court,
You mUSI ollcnd Ibc scbcduled confclCnce or bcuriug,
,
.
STEPHEN B. LOY, SR"
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, I'ENNSYLVANIA
vs.
: No,
Support 1997
VIRGINIA L. LOY,
: DR1I25,037
Defendant
PETITION FOR ALIMONY PENDENTE LITE.
INTERIM COUNSEL FEES. AND EXPENSES
AND NOW comes Petitioner, STEPHEN B. LOY. SR" by and lhrough his
counsel of record, Bradley L. Gritlie, Esquirc, and pctitions the Court as Ibllows:
I. Your Petitioner is the above-named Plointin; STEPHEN 0, LOY, SR" an adult
individual currently residing at 50 Bonnybrook Road, Cllrlisle, Cumberland County,
Pennsylvania,
2. Your Respondent is the above-nnmcd Delcndant. VIRGINIA L. LOY, an adult
individual currently residing at 203 South Washington Street, Carlisle, Cumberland
County, Pennsylvania,
3. Petitioner's birth date is Decembcr 27, 1951 und his social security number is
206-36-4270,
4, Respondent's birth dnte is May 6, 1956 and hcr social security number is 182-
46-3965.
5. The divorce action liled to the above-dockcted nllmbcr in the Court of
Common Pleas of Cumberland County requests a divorce bascd upon Seetions 3301(e) of
the Domestic Relations Code,
,
VERIFICATION
I verifY that the statements made in the forcgoing doculI1cnt lire tnle and correct,
understand that false statemcnts herein lire 1I10dc subjecl to the penaltics of 18 Pa,C,S,
Section 4904, relating to unsworn Inlsilicntions to authorities,
DATE:
~<d
- STEPH ,LO, SR,
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STEPHEN B. LOY, SR.,
Plalntlft'
I/?Di~'~~
VI,
: IN mE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
VIRGINIA L, LOY, : 96-194 CIVIL TERM
Defendant : IN DIVORCE
AND NOW, cornea Plaintiff, STEPHEN B, LOY, SR" by and through hil counaeI of record, Bradley L,
Griffie, &quire, and the law tirm of Griffie & "lIIoclatea and IIlelthe followins Pre-Triai Statement:
L MARITAL ASSE'q
See IltIched initial Inventory and Appraillelllent
D. EXPUT WITNESSQ
In the lnatant action it il anticipated that the teatlmony of one or more of the Plaintiffl phyaiclana will be
ner-..ry in order to complete the pmentation of allteatlmony and evidence in the cue. Iti. fluther anticipated that
thla talimony will be by depolition rather than attemptlna to have the expert witneu teatifY at the time of the
muter'. hearing. Further, bued upon the information pined at the pre-trial conference in thi. matter, the phyalcian
or phylician'lteatimony that il molt eucntial will be determined,
In addition, it il anticipated that the teltlmony of a vocational expert may be necessary. The use of a
vocational expert u a witness will depend upon the position taken by the Defendant and the other discusalons held
between counael and the muter at the time of the pre-trial conference,
Itil further anticipated that an expert may be necessary to testilY relative to the value of the tools purehued
by the Plalntift' during the parties' marriage, The use of this expert is dependent upon the position taken by the
Defendant through counsel at the pre-trial conference,
DL WITI\II;SSES
The only witneues that are anticipated to be called in the above-captloned matter other than the experts
referenced above will be the Plalntitf, the Plaintiff's sirlfiiend Connie Comp, and poulbly one or both of the partiea'
children, Plalntllt'rolel'Ves the right to name additional witnellCs following the pre-trial conference,
IV. IXIIDIJD
Plalntllt'antlclpates presentlna the followina exhibits at trial:
A, Updated Inventory and Appraisement
B, Income and exponlC statement of Plain tilt'
C. Documentation reflecting the value of the Plaintiff's pension at the time oflepl/'ltion
D. Documentation reflectina the appraised value of the paniea' personal property (this document may
not be IlCCeIsary dependins upon the aareemenls reached at the pre-trial conference,
E, Plaintiff's medical records to the degree neuuary u dictated by Defendant's position In this matter.
Plaint1ft'reserves the right to identifY additional exhibits for presentation at the time of trial foUowlna the pre-
trial conference and further proceedings in ,ilis matter,
v.~
At present, Plalnt1ft'is unemployed and unemployable, Plaintilt'wu injured In an IUtomobile accident and has
been unable to return to his prior employment. At present his primary physician and various specialists indicate he is
unemployable, Plalntllt' has filed a petition for social security disability, but a decision regarding that mattel' is stlIJ
pendlna,
VL~
Both the parties had pensions that they accrued In their employment during their marriqe and prior to
separation, For different reasons both of the parties' retirement accounts were terminated and they received lump sum
benefits, AI Wife wu completely responsibility for the financial alTairs of the parties, she received from Hulband and
from her own employer the pay-outs from their two retirement accounts, To date, Wife hu not provided a
comprehensive ICCOIInting of the funds from her or her husband's prior retirement accounts, It Is believed that these
f\mds may have been handled by Wife in such a manner u to establish new accounts that have not yet been disclosed,
or by placing a portion of the funds with third parties,
It Is also confirmed, however, that from the funds available to the parties and throuah their employment they
accrued additional retirement benefits u reflected on the Inventory and Appraisement attached hereto, In essence
Wife had incurred or accrued a retirement account ofapproximately 58,000,00 and Husband had accrued a retirement
account of approximately 54,000,00.
VB. MABI:IALJWII
Their is substantial marital debt involved in this cue, Two specific debts, being a first mortgage to FolM
Trust and a second mortgage to Beneficial Consumer Discount Company, should have been maintained by Wife In
that she hu maintained her residence in the former marital residence, Plaintiff wu notified in August 1997 that
BenefIcial COl1lllnter Discount Company intended to initiate foreclosure proceedings, To the extent she hu failed to
pay thole debts the illlle of the rental value of the property will need to be addressed,
Mr, Loy'slnabUity to be employed because of his medical condition has caused him to be unable to contribute
to the marital debt that existed at the time of separation, It is understood that Wife, likewise, hu failed to make
payment on any marital debt even though her ongoing employment would allow her to do 10, It is further noted that
WIfe'. vtbIcle, which I. encumbered with I loan due and owlnS to Chryaler Credit Corporation, hu been paid &om
the partiea' dlllbillty inIuranc:e due to the fact of Huaband'. dlllbility, The debt. It the time of aeparatlon, to the beat
ofMr, Loy'. knowledge, are aet forth on the initial Inventory and Appraisement Ittached hereto,
VDL PROPOSED RE~LU1'JQN
It I. propoaed that Huaband receivea 65% of the marital uaeta and Wife receivea 35%, The preaent
c:ln:umatancea indicate that Huaband, who hu I limited education, limited akin. and trainin& I medical dlllbility, and
an inability to aecure gainful employment ia going to need additional auistance to be able to maintain himaeIf. A
65/35 dlllribution will not even be auftlcient to provide for the Huaband'. maintCllllllCe, but it i. I reuonable
diatribution conaidering Wife's employment and income and the fact that the partiea' remainill8 minor child ia in Wafe'a
c:uatody.
The debta ahouId be distributed on I 35/65 bllia after any debt. that are apec:iJically attributable to AIIelI
retained by one party or the other are removed from the calculltion and Ittributed to the party relIinina the property.
Further, there are I few itema of personal property of the Plaintiffs that were retained by the Defendant in the
fonner marital residence after separltion, Plaintiff has made repeated requests to &ec:Ure theae personal itema which
are non-marital property due to their gift atltus or the fact that they were inherited by the PlaintlJr. Defendant hu
ref\aled and failed to comply with the various requests made by the Plaintiff and, therefore, there are varioua itClllll of
personal property which the Plaintiff wishes to receive from the marital reaidence. In addltion there are I few itClllll of
personal property that are lCtuIIIy marital which the Plaintiff wlabea to retain,
MAlUTAL DATI: or NON.MARlTAL
AIIaT VALUE VALUATION PORTION If1CVM.RAN~E
I)ReaI Eatate 67,500,00 Present None 40,400,00
203 South Wuhington St,
Shlppetllburs. P A
2)penonal property
(Wife) 5,000,00 Present None None
3)penonal property 10,000.00 Present None 15,000,00
(HuIband)(Snap-On tool.)
4)1984 Dodge pick-up 1,000,00 Present None None
tlUeII:
5)1995 Plymouth Neon 8,000.00 Present None 6,000.00
6)WIfe'. retirement account 8,000.00 DOS None None
7)Huaband'. retirement 4,000,00 DOS None None
Account
8)Bank account.
Omtown Bank checIdna
account. unknown N/A None None
Omtown Bank Aving.
account unknown DOS None None
9)Undiltributed funds from 7,000,00
prior retirement accounts (approx,) DOS None None
10)Rental value ofmuital 600,00 Prtllent None None
reaidence per month
II)Tax refbnds (eacrowed) 3,600,00 Present None None
(approx, )
MARITAL AMOUNT AT DATIINITIALLV INITIAL 'URPOSI 'A VMINT
IIU DATI or INCURRJ:D AMOIJNT or DI.T MARl
SR.AllA.nON
MortNe on purchase of None to Plalntift'.
Real Eltate 40,400,00 1989 unknown home knowledge
(PAM Tru'l)
Beneficial 7,290,36 unknown unknown unknown None to Plalntlft'.
knowledge
HouteItold Finance 3,203,59 Feb, 1985 various various None to Plaintlft'.
Vi.. knowledge
Cluyaler Credit Corp, 12,500.00 May 1995 18,000,00 vehicle Payment. made by
purchase Plalntift'. dillbility
lnauranc:e
Dlacover Credll Card 1,068,86 Oct, 1990 various various None to Plaintlft's
knowledge
Capilli One 1,071.82 1uly 1995 various varlou. None to Plalntift'.
MuterCard knowledge
Lowe'. Credit Card 1,432,42 unknown various various None to Plalntift'.
knowledae
Iti. believed thaI the Defendant continued to use Ihe credit card. after the date of separalion and, therefore,
lnc:wred additiOnal debt which is non-muitaland must be her responsibility,
,
~'I
Ii
I,
. "
."
In the Court or Common Pleas or CVMBFRLAND County, Pena.sylnnla
DOMESl'lC IW.AnONS SIC110N
'.0. lOX no, c.uusu. PA. t70U
Pholll: (717) 140-4545 Fa: (117) 24. f241
SEPTEMBER 17. 1997
Plaintiff Name: VIRGINIA L. LOY
Defendant Name: STEPHEN 8. LOY sa
Docket Number: 132 s 96
PACSES Case Number: 286000051
Other State 10 Number: bL 25037
..... -.: AI ClltN........... ..... PACSIS c.. s......,
lDeome lIDd ~nu StatellH!llt
nus FORM MUST BE FILLED OUT
(If YOll are self-employed or If YOll are salaried by . busiIII:SS of wbkh you are 0_ ill wbole or pan, JOII aa&
also 611 OIIllbc Supple1llCllllllnl:OlIIC SlalemI:DI wbkb IppCIIS au rbe Iasl pqe of dIls iDcome aDd ClJlIb-
SlIICmCIII.)
INCOME STATEMENT OF Stl!Vl>n B. TLlY, !;I"
I verify WIIhe SlaletneDlS awle In rhIs [11I:011II: IIIlI Expense SlaleDJenr are aue and COrm:L [1IIIlIcmmJ IIw
faille SlaleDJell1S herein are subjecl to the criminal penalties of IS Pa. C.S. g 4904. relariDg 10 WISWOIU
taI~llcarlon 10 authorities.
10-16-97
Dare
INCOME:
Employer
Plaintiff Ilr Defendanl
Unemployed/disabled
Aud~
Type Ilf Work
PaYlU1I No,
Gross Pay per Pay Period 5
Pay Period (wkly.. bi-wk[y.. Cle.)
Itemized Payroll Deductiollll:
FeIleral Wldlhnldinll
5
Social Sc:<:uriry
5 IlllCaI Walle Tax S
5 Savinlls Sands S
S He:alth [1I5\U'IIIU S
$ S
Slale [Ql;1l11!l: Tax
5
RetiremcDt
Credit UnloD
$
lite [os=e
Other Deductions (specify)
Nct Pay pel Pay Period S
Service Type M
Form IN.ooS
Worker ID 21201
",
, '
IDeo. IIId EIpcme $l:II_
PACSES Cue NWIIbcr
01 a&.K (FUl ill Aptll'Opriue Co/lllllD)
INCOME
WEEX ~IONTH YEAR
Imcr= S S S
DivldmfI
h..iuu
Almuicy
SIIciaI Smuicy
RIIIIs
JtoJoa/dII ., ,
. ,
&pac J..~
CiiaI
tJlICIIIploymnr
CoIllpCllSllioa
Wodaam". ,
COIllpCllSldOD
IRS RcIllDd
Olbcr
Olbcr
TOTAL S S S
TOT.~L INCOME S
~SES
WEEK
'rl:AA
HOlD.
Mllnplc.'R.:m S
MailllcnaDl:l:
tJlililia
E1e:1Zic
au
OU
T elcphoae
Scrvk: Type M
I
Is
I
P3gC:! of6
Form 1N-008
Wudter !D
...
.'
III:oa IIId ~ SIIIIlDaIr
PACSES Cue NIIIIIbcr
EXPENsEs (Fill ill Appropriare CohlDlll)
(coadllUld) WEEK Mot.lB YEAR
W.. S S S
Snu
EmploJaaa
Public Tl3IIIpllnuloll S S S
LIIII:Ia
. .- -. . ,- . ..
T_
Ra1 EIlIIt S S S
P=oaal PI"""R)
(11I:011II
,.
., - -" ,n nn
Imuruc:e
Homeowam S S 15.00 S
AlIIoIIIIIIriIe 25.00
Ufe
.~Ilelll I I
Kahil
Odlcr J
, .
.\IIlQmoblt. I I
PlytIlClIlS S S Is
Fuel I 75.00 I
Rcpain I 'n.nn
~1IdIcaI
Coc:ulr S S 15.00 S
Deadsr
OnbCld1l1llisl
Scrlic: Type M
Pap 30(6
FOtID 1N.008
Worlcer ID
:,
.'
IlII:lIme IIIll ~ SIIrCmaI
EXPE.'QS CJ=iD ID AllIlroariall: CollIIIID)
(coadllUld) WED: MOl'l'TB \'EAR
HClIpllll
M~
SpcdaJ DCedI <I'.-~.
bra:a. onIlopdc
dM:a)
Ed......doa
Privue ScbooI S S S
' 1\,-- ,,~ ScllaoI ....
CoIIqe
Realioa
Pwnon.I
ctodllDr s S '30.00 S
Food ~.,,, nn
BlrbcrIHalnlmar 15.00
Credll ~
Credll
CIIarr. Al:cuWII
MembmltiPII
I I
LoanI I
Credle UniOQ $ 1$ 1$
I
I
Mlsctllaneo.. I I
HOlIICbold Help S $ $
Child em
~.p~"'f
Emczuiameu&
Pay TV
VKacioQ
P ACSE$ Call NllllIIJer
Servicl: Type H
Pail: 4 of6
FOIlD IN-<<lI
Workc:r ID
I
t
i'
,
\.
!
".
",
la:ollllllld &pa. SIIIInDnI
PACSES Cue Number
"
EXPENSES
IC'O..mued)
(FIDID
CoIIIIIID)
MONl'll
YEAR
WEEK
0Ub
tqaJ Fe.
Cbarillb!. COlIIribu&flllll
Otber CIIiId Support
Allmaay Paymraa
Odw
s
s
s
TOT.u. J:XIIE:'to/SU S
s
s
PROruui
OWNED
DESCRIPnON
VALVE
0wuwsIdp .
B W 1
Chcckiut "'=DIIIIII
Slvlllp ,o\i:cnaaa
Cmlic UaioD
s
SUlC:billoads
Rc:IJ ClIwe
Ocllcr
TOT.\L
s
L>jSt."'->jCE
CO~IPA.'iY
POLICY I
CO'enrt ·
H.....:-.
~Cn..
0IIIIr
Mcdbl
Blae ShIeld
0dIII'
· H . Husband W. Wife C - Combined 1 . 101m
P31cSof6
B W C
SCTVic: Type If
FOCIIlNoOOa
Worlel:!' 10
e,
f.
".
r.coa. IIId EIpeme SlaICIDIlII
PACSES c.. NlIIIIbIr
INSVUNCE COMPANY
HealdII Ac:cldem
DIsabOlty IDcome
DeIaJ
Otbcr
· H . Husband W. Wife C. CombiDcd 1 . 10illl
c...n.. ·
POLICY' H W C
SUDDJem.ntIJ Iamnw S.._
L
.. ..0:.. _. '.. . -&:::.. .', _:..:.... "0' .
b.
- ,
11fs fbrm fs to be mw ClUt .". a penoa
ill _110 ~lIlIla a bullDcu or pnafl:a! pl"l'eufoa. or ,.
wfIo fi a "-lber ora partuersllfD Ill' _ \......;" Ill' '
3 wllo II a abaRboldcr iii md .. sahrfeilby a dOled coc....__ Ill' similar CIItfty. ,__
Atach to dlls ....It.....n. a !=OIly oltbe tbUowIu do.n...-.4l; re!adDf to d1C.pli1Dcrsbfp.]oiat - ,
YaIlUnl. busfDess. prof'eufOD. corpot1lfoa or sImilar aaily:
(I) the IDOIt recent FedcnJ IDcome Tax R=rn. and
(2) the mOlt recem Pro& and Lou Sr.-.4 _
Name ofbuslDess:
Address and tdephooe m""~
NIIlUe ofbuslDess (cbeck oat)
- (1) partllCnhlp
_ (2) Jolm: vemure
- (3) professlOD
(4) closed COrpumlllD
_ (5) other
N IDIIl of ac:coul1ronr cODtroller or other penon in charae of filwu:1aI reconb:
.
.-'" .
c.
d.
AI1Ilual income tram business:
, - .
(I) How otteD Is lacume received'!
(2) QrOS& income per pay period:
(3) Net income per pay period:
(4) Specified d~I<'fjOllS. If my: ,.
Pale 6 of 6
FonD IN4lS
WOticr m
Sctvla Type M