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Home My WebLink About96-01246 '" I 1 I ; I .~ ~ ~ ,> ~ ;.' J J i -....) I ~I.. . -, ..... I ---- ~' ''5 ~ en "-- ~ ~ \)Q , :~ ~l -- --t 'f . .... 0<, 1 ~(\ \() ,~ ~ ...... " . .~ ,-,,, i IV) ~ y " oj -t, 'i " .:10 , '.) , p .~ \J .. ~ vl '-.J ,'i . ' ,. ~ u ...... ( ), ':.l -) I~ , '..) ( . I' ~ (~ , - 'J .I) . ....... ~ L ~ l' ~ ~ lJl"'l ~~ ll<> .... .&oJ Ul ..:l .... c:: '" .. :2:>t .... III tJ ~ '" OlJl .&oJ 'tl '" .. 0 II '" N :l~ c:: c:: ~ U :I" '" "'.. .... 41 j co 0 II ~ 8~ III .... 0 .. , ~ r0- o co c .... 41 lJl .. - co z .. ll< Q Q lJl ~ ~ -< co :c ~ r-. . . ~ .. z .. o>t ll: z t.. . ~ 2 ::I E-<ti . . ~ t-l cil z:t j - " .. rn Ul :E: II " VI ~ .. .. ~Q ~ > Eo< ~ '" 0"- CO II II I:P! o '" H ii: z .. 8~ ~ c z ~ .. ~ :E: :j lI. 8 ~ " ..:l . U ~gj . () ~ II: N ~ Cl E-<l!l Z J: I >t ~ ZO Ie 0 .... t-l() '" ,.., u JOY E. MYERS, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 96- I) I.f~ tU.....:( U~ IN DIVORCE GLEN C. WITMER, Defendant 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 in divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, carlisle, Pennsylvania 17013. IF YOU 00 NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS G~~ED, 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 FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Courthouse carlisle, Pennsylvania 17013 (717) 240-6200 : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVJL ACTION - LAW 96- I...' '/~ (i"d' Tw-. JOY E. MYERS, plaintiff vs. GLEN C. WITMER, Defendant IN DIVORCE CONPLAIIIT I. DIVO.C. COUll'1' I 1. Plaintiff is Joy E. Myers, an adult individual currently residing at 9 West Sprinqville Road, Boilings springs, Cumberland County, Pennsylvania. 2. Defendant is Glen C. Witmer, an adult individual currently residing at 21 Trine Avenue, Mt. Holly Springs, CUmberland county, pennsylvania. 3. Plaintiff and Defendant are bona fide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on February 14, 1983 in 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 United states Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of couns~ling and the right to request that the Court requires the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 1 8. plaintiff and states of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief Defendant will, ninety days from the date of the filing of complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce pursuant to Section 3301(C) of the Divorce Code of 1980, as amended. Defendant are citizens of the United that this COtllfr II 11. Paragraphs 1 through 10 are incorporated herein by reference as if set forth in their full text. 12. Plaintiff and Defendant purchased real estate during their marriage located at 27 Trine Avenue, Mt. Holly springs, Pennsylvania, a Timeshare with the Virginia Timeshare Estate project in Williamsburg, Virginia, and have an interest in the increased value of the Defendant's pre-marital property located at 21 Trine Avenue, Mt. Holly springs, Pennsylvania. 13. Plaintiff and Defendant are joint owners of various items of personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 14. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. 2 WHEREFORE, Plaintiff requests your Honorable equitably divide their marital property and equitably their debts. Court to apportion COURT III 15. Paragraphs 1 throuqh 14 are incorporated herein by reference as if set forth in their full text. 16. Plaintiff is unable to provide for or afford counsel fees, expensQs, and costs during the pendency of divorce action and through its resolution. 17. Plaintiff is without sufficient property and otherwise unable to financially support herself despite being employed. 18. Defendant is presently employed and receiving a substantial income and benefits and is able to pay for counsel fees, expenses, and costs as well as alimony and alimony pendente lite for Plaintiff. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order requiring Defendant to pay Plaintiff's counsel fees, expenses, and costs as well as providing for payment appropriate alimony and alimony pendente lite to Plaintiff. Respectfully submitted, GRIFFIE & ASSOCIATES her this . ) of re 3 .. ~=1 ~I [:) III I III .. ~ '!~ I- ::I .. 0 <( I - i ~ I'J W... ... ~ u .:l Ul- w.- ... lE_ o , a: ~ .. ~~I :;j U) ... w - OUl< . .~ .~ UJ 1 ~ 0( "'Z.. ~ < . z.. "' - . ! ~~ w · ~ ~~ ~. . .. :E ::J N ~ ~Ii: ctl ~ J: ~ '~~i .... - z .. ,.,~ z .. ::J .. = ~ LrJ 0 ~ J Ul .. ""I ~ - :: 0 .. o w . .... ... < z ~ z .. ~ filQ ~~ . ~ . ~ .. ,. ~ u !!: 8 - . . ~ ~I II: ... G as u~as !Ui ~ C) ..., . . , . !.l ~ ". ,. 1,; ~i ,')::Jf; . ' / " JOY E. MYERS, Plaintitf VB. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 96-1246 CIVIL TERM ~" IN DIVORCE GLEN C. WITMER, Defendant --------------------------------------------------------------- GLEN C. WITMER, Plaintiff vs. IN THe COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-1372 JOY E. MYERS, Defendant IN EQUITY DECLARATORY JUDGMENT ORDER ,..A'I AND NOW, this Z"" day of -itprll, 1996, upon presentation and consideration of the within stipulation of Counsel, it is hereby ordered and directed that the Instant Declaratory Judgment action shall proceed through discovery and hearing to a final resolution determining the issue of the common-law-marriage of the parties. The divorce proceedings docketed as above indicated will be stayed pending the resolution of the Declaratory Judgment action. stay of the divorce proceedings will not be to either parties' prejudice and neither party waives any claims or defenses of any nature in the divorce proceedings due the stay of those proceedings. BY THE COURT, 7/JL 1'\ J. ; . ---------------------------------------------------------------- GLEN C. WITMER, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-1372 IN EQUITY : DECLARATORY JUDGMENT I . . JOY E. MYERS, Defendant STIPULATIOH AND AGRBIMIlHT O. COUNSEL Counsel for the parties in the above-captioned action, David A. Baric, Esquire, for Plaintiff, Glen C. Witmer, and Bradley L. Griffie, Esquire, for Defendant, Joy E. Myers, stipulate and agree as followsl 1. The Instant Declaratory Judgment action was initiated by filing of a Complaint on March 13, 1996. 2. An Answer to the aforementioned Declaratory Judgment action has been filed by the Defendant. 3. A Divorce Complaint was filed by the Defendant against the Plaintiff to a divorce action docketed in the Court of Common Pleas of Cumberland County to Number 96-1246, Civil Term. 4. The Plaintiff herein, who is the Defendant in the aforesaid divorce action, filed Preliminary Objections to that Divorce Complaint. 5. The parties wish to proceed in the present Judgment action to resolve the issue of the alleged marriage of the parties. 6. The parties wish to allow the Divorce Complaint, preliminary Objections, and any other pleadings filed in the Divorce Complaint action to be stayed pending a resolution of the Instant Declaratory Judgment action. 7. The staying of the Divorce Complaint, Preliminary Objections, and related proceedings in the divorce action will not be to either parties' prejudice in that any time constraints for filing of Answers, Amended Complaints and 'the like, will be likewise stayed. 8. The parties will proceed with the Declaratory Judgment action through the use of appropriate discovery and ultimately, through the conclusion of the case, through a hearing before the Court of Common Pleas, without prejUdice to pursue any and all appeal rights available to either party. 9. Following the decision by the Court of Common Pleas of cumberland County relative to the claim of common-law marriage, the parties will take appropriate action in the Divorce Complaint to withdraw the Divorce Complaint in the event the Court determines that a common-law marriage does not exist, or to pursue the Divorce Complaint through appropriate pleadings and hearings in the event the Court determines that a common-law marriage does, in fact, exist. lO. The staying of the divorce proceedings will not be to either parties' prejudice. Declaratory common-law . . JOY E. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 96-1246 CIVIL TERM vs. GLEN C. WITI>1ER, Defendant IN DIVORCE IN RE: PETITION TO PURSUE DISCOVERY ORDER AND NOW, this 13<1# day of March, 1996, argument on the above captioned matter is set for Thursday, May 2, 1996, at 3:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY TIlE COURT, Bradley Griffie, Esquire For the Plaintiff L.r~~,", ~,<.(, ~/''f19''. :1 ...!..)J David Baric, Esquire For the Defendant :rlm ." Ii;) . '" I, I ( ( I , '. ~ ~ I Ul .... ~ III ~ ~ ~ .. .. ti ::l .. .~ ] U J ~ '" .. " ~~ jUlc; .. - 0 .. III , : "'" OUl< ~ 2l Ul ~ - III Z .. J:lo Ul .". ~ <( III - . . < II Z .. W .c >> ~ . ~~ Ci c . ~ :r " ItS z :t ~ - Z II " ~ := , ~ J:lo .. Z II Ul .. :- o ~ - . ~g III 1:" -I o .. ~ ii: o .. Z II I ..... E-t ll. CZ.j .. ~ 3: .....~ 8 - z ii: u . ~8 N , U C) r..l ~ ~ (J I"') . ~ - JOY E. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1.1.."11.. No. 96- ~ CIVIL TERM : IN DIVORCE . . vs. GLEN C. WITMER, Defendant AND NOW, this ORDIIR OJ' COURT day of March, 1996, upon presentation and consideration of the within Petition, Plaintiff in the above captioned divorce case is authorized to, and granted leave of court to, pursue discovery as permitted by the Pennsylvania Rules of Civil Procedure relative to civil actions. BY THE COURT, J. vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IJ. 'I <- No. 96- n'I.) CIVIL TERM I IN DIVORCE JOY E. MYERS, Plaintiff GLEN C, WITMER, Defendant PBTITIOH .OR LBAVW O. COURT TO PURSUI DISCOVERY AND NOW, comes Petitioner, Joy E, Myers, by and through her counsel of record, Bradley L. Griffie, Esquire, and petitions the Court as folJ,ows: l. Your Petitioner is the above named Plaintiff, Joy E. Myers, an adult individual currently residing at 9 West sprinqville Pennsylvania. 2. Your Respondent is the above named Defendant, Glen C. Road, Boiling springs, Cumberland County, Witmer, an adult individual currently residing at 21 Trine Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania. 3. The parties are subject to a Complaint in Divorce filed by the Petitioner in this action, which alleges a date of marriage of February 14, 1983. 4. Prior to the filing of the Complaint in Divorce, extensive negotiations were conducted between Petitioner's legal counsel and legal counsel for the Respondent in an attempt to resolve this matter without the instant litigation. 5. Despite requests to provide a wide variety of information relative to marital assets, Respondent and his counsel have failed and refused to provide such information. 6. This is a divorce based upon a common law marriage. 7. It is understood that the Respondent will be challenging the existence of a common law marriage in this case. 8. In order to appropriately pursue her litigation, it is necessary that the Petitioner have access to a wide variety of information through the Respondent's employer, through his bank accounts and other financial institutions, through life insurance records, through health insurance records, through medical records, and the like. 9. The Pennsylvania Rules of Civil Procedure provide for limited discovery in divorce proceedings, which discovery is limited solely to the preparation and propounding of Interrogatories upon the opposing party. 10, In the instant case, in order for the Petitioner to secure necessary information that is relevant to her claim for a common law marriage in this case, it is necessary for her to secure information from other sources, which are under the sole authority of the Respondant. 11. To date, Respondent and his counsel have failed and refused to provide information that is relevant and essential to the instant complaint for divorce based upon a common law marriage. 12. The Pennsylvania Rules of civil Procedure Rule No. 1920.22 provides for limited discovery except in cases where special Order of Court authorizes additional discovery. 13. In the instant case, additional discovery is necessary, particularly relative to records retained by third parties who 6. The Plaintiff has failed to plead whether the alleged official act, i.e., marriage, was performed in compliance with law. 7. The Plaintiff has failed to comply with Pa.R.C.P. I019(d) which requires that an averment that an official act occurred include an averment that the act was done in compliance with law. 8. Marriage by common law cannot occur without the fulfillment of conditions precedent. 9. Plaintiff has failed to plead generally that all conditions precedent to a marriage by common law have been performed or occurred. 10. Plaintiff has failed to comply with Pa.R.C.P. 1019(c) which requires conditions precedent to be averred generally. 11. An action for divorce pursuant to 23 Pa.C.S.A. Section 3301(c) requires a marriage be extant. 12. The Plaintiff has failed to plead the material facts necessary to establish a valid marriage between the parties. WHEREFORE, Defendant, Glen Witmer, requests this Honorable Court to sustain the Defendant's Preliminary Objection and dismiss Count I for failure to conform to law or rule of court. 8, INSUFFICIENT SPECIFICITY IN THE PLEADING 11. Plaintiff has failed to plead with specificity the alleged conditions giving rise to a common law marriage claim. 12. Plaintiff has otherwise failed to set forth with specificity the basis for a claim of divorce since no grounds upon which the purported marriage was based have been pled. WHEREFORE, Defendant, Glen Witmer, requests this Honorable Court to sustain the Defendant's Preliminary Objection and dismiss Count I for insufficient specificity. Respectfully submiued, O'BRIEN, BARIC AND SCHERER j;~yt:{{. David A. Baric, Esquire 10# 44853 17 West South Street Carlisle, PA 17013 (717) 249-6873 ..ltme./de'endaat.obj ." ....., , I , 11.' , (.J f,: C. (" ..... L:. . Li.:; r fC. , , , - -