The URL can be used to link to this page

Home My WebLink About00-01321 ~~ ZtJOl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KACI R. BYERS, Plaintiff/Petitioner v. CIVIL ACTION - LAW TIMOTHY 1. BYERS, DefendantlRespondent : NO. 2000-1321 CIVIL TERM : IN DIVORCE ORDER OF COURT AND NOW this .3074 day of ~~ , 2002, upon presentation and consideration of the within Petition, it is ORDERED AND DECREED that: 1. A Rule is issued upon the DefendantlRespondent to show cause why the DefendantJPetitioner is not entitled to the relief requested; 2. The DefendantlRespondent shall file an Answer to the Petition within twenty (20) days of service upon the DefendantlRespondent; 3. This Petition shall be decided under Pa. R.C.P. No. 206.7; 4. A evidentiary hearinIL~~the disputed issues of material fact shall be held on 01 ~ at II; {_t: ~.m. in Courtroom #.i-, of the Cumber! d County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, only in the event Defendant/Respondent files written Answer within twenty (20) days of service by first class mail, postage prepaid to Defendant/Respondent's last known address. If no such answer is filed, the Rule may be absolute; and 5. Notice of entry of this Order shall be provided to all parties by Petitioner. BY THE COURT, J. Cc: ;Bradley 1. Griffie, Esquire Attorney for Plaintiff/Petitioner '~I 'I" .,I'Timothy 1. Byers, DefendantlRespondent, pro se ;> t6p-I~~ fl R'K'::> J :2 -30 - 0 51 ~ ~ ~-'r ~~I!@:ljl.iifl~i11Jii!;!~li'illi!~~g,@m;!til!l"'-\;iWiI<'.m.b!'llfut4!'\,..h1Ii!~="~ i.e"-'"'"'''' ''''Ilir- ....... '.'"'~' to"'- ~ ~J1 ;:[')-(h:::V"'C Qt TJj,,!"'i:-,7:.r:':;.' ~..~Yi',~ """ J , ,,, "J h !.,JCII/\PiY " ,.,' ...., . 02 DEe 30 PM /: lJ.9 CUMBEHiflJ~D COUNIY PENNSYLVANIA -'- ~~ .~ ",I , KACI R. BYERS, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW TIMOTHY J, BYERS, DefendantlRespondent : NO. 2000-1321 CIVIL TERM : IN DIVORCE PETITION FOR CONTEMPT AND NOW comes Petitioner, Kaci R. Byers, by and through her counsel of record, Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates, and petitions the Court as follows: 1. Your Petitioner, Kaci R. Byers, is an adult individual and the above named Plaintiff in the above captioned divorce action. 2, Your Respondent, Timothy J. Byers, is an adult individual and the above named Defendant in the above captioned divorce action currently resides at a residence with a mailing address of P.O. Box 104 Mahaffey, PA 15757. 3. The parties are subject to an Order of Court dated December 12, 2001, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A." 4. Paragraph 5 of the aforesaid Order provided: Within ten (10) days of this Order of Court, Respondent shall reimburse Petitioner for all paym~nts made by Petitioner to Patriot Federal Credit Union toward the loan on the aforesaid vehicle, including, but not limited to, the payment made by Petitioner in July 2001 and for the current delinquencies on the said loan; '," '!i!Jl!li,., -, I I -~.~ ~-~ 5. Since the entry of the December 12, 2001, Order, Petitioner has paid to the Patriot Federal Credit Union on account of the loan on the aforesaid vehicle the sum of $10,115.30. 6. Respondent has been repeatedly requested to make payment on the above referenced amount as per the terms of the Order of December 12, 2001, but Respondent has failed and refused to make payment as required. 7. Respondent has paid the total sum of $50.00 on account of the aforesaid debt. 8. Petitioner believes and, therefore, avers that Respondent will not comply with the terms of the Court Order, as he has not for approximately eleven months, without further enforcement by the Court, including wage attachment, if possible. 9. Respondent, by his conduct as aforesaid, is in contempt of the Court's Order of December 12,2001. 10. Petitioner has been required to incur additional attorney's fees associated with enforcement of the Court's Order of December 12, 2001, for which Respondent should be responsible due to his contempt. WHEREFORE, Petitioner requests your Honorable Court to enter a rule to show cause upon Respondent as to: 1. why Respondent should not be found in contempt of the Court's Order of December 12,2001; .. . ~~ 2. why Respondent should not be required to submit to wage attachment or garnishment of his wages for purposes of paying the sum of$IO,115.30 to the Petitioner; 3. why Respondent should not be obligated to pay counsel fees associated with the within Contempt proceedings in an amount of$500.00; and 4. why the Court should not Order such other just and appropriate relief. Respectfully submitted, ffie, Esquire orne] r PlaintifJlPetitioner GRIP E & ASSOClA TES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 -, '^" - -", . ~,~ I~ - .' . ~-, c 1-- VERIFICATION I verifY that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S. Section 4904, relating to unsworn falsifications to authorities. DATE: 1/ 1~/)oa.. i~ iI. ~ KACI R. BYERS, P intiff/Petitioner ;--)11 1'--- , - KACl R BYERS, Plaintiff : IN THE COlJRT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. TIMOTHY J. BYERS, Defendant CIVll- ACTION - LAW : NO. 2000-1321 CIVll- TERM : IN DIVORCE ORDER OF COURT AND NOW, this 12th day of December, 2001, following a hearing on Petitioner's Petition for Special Relief: it is hereby ORDERED AND DIRECTED: I. The parties' jointly owned 2001 Dodge Ram pickup truck is and shall remain in Petitioner's exclusive possession from this day until further Order of Court; 2. Any third parties presently in possession of the said vehicle shall not release the vehicle to Respondent, Timothy 1. Byers, or anyone on his behalf; but shall release the vehicle solely to Petitioner, Kaci R. Byers; 3. Upon issuance of any insurance proceeds for payment of repairs to the aforesaid vehicle, the check shall be delivered to Petitioner, after which Respondent shall endorse said check, if necessary, to Petitioner; 4. Petitioner shall then make arrangements for the repair of the aforesaid vehicle with the insurance proceeds check; 5. Within ten (10) days of this Order of Court, Respondent shall reimburse Petitioner for all payments made by Petitioner to Patriot Federal Credit Union toward the loan on the aforesaid vehicle, including, but not limited to, the payment made by Petitioner in July 200 I and for the current delinquencies on the said loan; ~XH1BIT "A" 6. Petitioner is authorized to locate or secure a third pany purchaser for the said vehicle for purchase of the vehicle at a price that will provide sufficient proceeds to pay the loan on the vehicle due and owing to Patriot Federal Credit Union in full; 7. Should Petitioner secure a third pany purchaser as suggested in paragraph 6 herein, Responden~ shall execute any and all necessary documents to provide for the transfer of the said vehicle to the third pany purchaser in a timely fashion. 8. RtsJ'6udt;m ~ ,^-"lIpC.l;,al., P"titiOl'lCI'S legal e<lllu3CI, ~ & As3OciMes, '--Tf..E--- m'a..d-q~ .s/..:aLl c.o..x{clv,-~~ the. ~um vi" fiVE nUNUiUllJ AND XX1100 (~)OO.UU) uu.......,)m., within 11';' ty (36) days uf tbi. 0. del fill attorney's fees incurred by Petitioner in this matter. BY THE COURT, ~~;A/(]_~') A HESS, Judge 19IJE <<JIf1t fAOM AEQOFI) IlITll.r ._I,.,_.I....~-t1laDG ........ d .... ~_. ~ ,,-fl*'.)i~ P r:~~f;(J '>"~'4_ - ~ . ~~ .." ~" () s;; ~ff! Ci) )^ E[~)' ~~3 ~- ;.;:: ".., "-< .. C, ['<0 '::J ;"q r~J N ';::) .~_J i};~ , ~'~-i :f;.~ (-, .." ''',- : -.:?~~~ - -,..., ~ ) I , , ;:"-~ :'D -< ::.t: co '0 ...J 1 ,~""I''''~'''''''~_ '""., N'!fTl~'~!f$'lIfti!<'ff!"T"Wffi\9_P:'lil;'i1lW~~_'"'~1.",!ii.aLili)@J.~jl~!!K!Ji!!"ll!!~~_!iUl!i~~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ff. ~'" '" ""'" '" :Ii :Ii :Ii'" :Ii """'''',., Of. "',.,,., '" /Ii'" '" . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF l(A-C~T R RYRR~, Plaintiff VERSUS TIMOTHY J. BYERS, Defendant AND NOW, DECREED THAT PENNA. NO. 7000-1171 C.TVTT. ,{,F,RM DECREE IN DIVORCE 1""', 11-' , U~, IT IS ORDERED AND Kaci R. Bvers , PLAINTIFF, AND Timothy .J _ Byers , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. , , THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTEREOD; All economic issues previously raised in the proceedings. '.,-," By THE COURT~J. 4. ~ " ~ l PROTHONOTARY . . . . . :liff. :F.:f.:f. "'''' . . . . ..~-" ,,-~. ." ,-,-,,- ~ -,.--- , "r', . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA KACI R. BYERS, v. : CIVIL ACTION - LAW TIMOTHY J. BYERS, Defendant : NO. 2000-1321 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following infonnation to the court for entry of a divorce decree: I. Ground for divorce: , Irretrievable breakdown under 9330I(c) ;HQl-(-tl)(I) €lfthe Di-Jeree Cede. (St~ke out inapplicable section). , 2. Date ahd manner of service of the Complaint: Certified mail, restricted deliver to De~endant on March 15,2000. 3. Completb either paragraph (a) or (b). (a) D~e of execution of the Affidavit of Consent required by 93301 (c) of the Divorce Code: by Plaintiff: June 30, 2002 by Defendant: June 30, 2002 , (b) (I) Date of execution of the affidavit required by 93301 (d) ofthe Divorce Code: i (2) ! Date of filing and service of the plaintiff's affidavit upon the respondent: I 4. Related ~Iaims pending: All economic issues previously raised in the proceedings. 5. Comple~ either (a) or (b). (a) D4te and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) D~te of plaintiff's Waiver of Notice in 93301 (c) Divorce was filed with the iProthonotary: July II, 2002 Date defendant's Waiver of Notice in 93301 (c) Divorce was filed with the Prothonotary: July II, 2002 ~"m GRIFF & ASSOCIATES Attorney for Plaintiff (;,-jili T" . ~.~ .-? '." ,,,. g 0 0 N " s::: c..... .--1 -om c= ~ .....-t1 mITl r 1l1r= Z::c '-o-m Z[" ~~JQ ~~; '~) . _,0 1<C: -:..1 -...J'~r; ~'- ::-r ;--~:D , ' ,-. C? -o"-C) 6rn >e: -., -, J> "'-. ;" ,=2 :D (T'> -< ,,+ ~, ~,..Jl'I[!f'!:I%r~W"'IililJI:<f!lfj!MYiilrl'Wi'! "~~~,,'~?..c't'''''f'''~~~'~'ilifJii~i!~~~~:;;'!~~if>~Ii~Il!I'!N~llIl!~~!Ili KACI R. BYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. TIMOTHY J. BYERS, Defendant CIVIL ACTION - LAW : NO. 2000-1321 CIVIL TERM : IN DIVORCE ORDER OF COURT AND NOW, this /1' day of July, 2002, upon presentation and consideration of the within Stipulation and Agreement, IT IS HEREBY ORDERED AND DIRECTED that the parties' divorce proceedings are bifurcated such that either party may move forward to finalize the divorce following the entry of this Order and the Court shall retain jurisdiction over all other matters raised through appropriate pleadings in this case. BY THE COURT, cc: Bradley L. Griffie, Esquire Attorney for Plaintiff Timothy J. Byers, Pro Se .A1 J. lm~ 1>--- "~ - . ,,~ , *,...__""'","",,,.. '" ......,'"_-.,."',""","'W,d'b'~,.,., .,.,,,,,,,'.',,"'~ ,.! ::ILEQ.--tJFF1CE 01- n' . " "ei mf\HY 0, J!I' 11 r)'1 [,' ? .... . ....IL . i I . lIo... CU"""" "'D' "OU.ml l'jib:,.:J....ILhi'~ l) 1'1 I I PENNSYLVA."JIA ~ ;Ud~a# 71/7k~ iUI.D'- ~2''<]:lMI! .';>-'"~ lllI --~- " 'i KACI R. BYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. TIMOTHY J. BYERS, Defendant CIVIL ACTION - LAW : NO. 2000-1321 CIVIL TERM : IN DIVORCE STIPULATION FOR BIFURCATION AND NOW, come the parties before the Court to enter the following Stipulation: I. The parties hereinafter named are the parties named above, being the Plaintiff, Kaci R. Byers, and the Defendant, Timothy J. Byers, in the above captioned divorce proceedings. 2. A Complaint in Divorce was filed in this matter on March 8, 2000 by Plaintiff and served upon the Defendant by certified mail, restricted delivery on March 15, 2000. 3. To date, the parties have been unable to resolve issues associated with their marital assets, debts and related economic and property matters, all of which issues have been raised in the pleadings in this case. 4. The parties wish to be able to finalize their divorce while they continue their efforts to resolve the issues associated with the collateral or economic matters by agreement. 5. The parties specifically desire to have the Court bifurcate the divorce proceedings such that either party may move forward to finalize the divorce as a Section 3301(c) divorce .at this time, with the Court retaining jurisdiction over collateral economic issues raised in the pleadings. I,..~ I' ~ . .'1 ~ . , , WHEREFORE, the parties jointly request the Court enter the Order in the form attached. Respectfully submitted, GRIFFIE & ASSOCIATES e, E, quire or Plaintiff 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: b - D() -O;L KAC'X~~ ~ I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. DATE: C-J () -02.. Section 4904, relating to unsworn falsification to au - "I ...... I "' +. - ""Rm:!gIIIWf~r.w!~~ ,..!IIlm'l , (") C> 0 c:. r-..:> .'11 :?" L. -om ~ Olin r= -n Z:r) r 25: -,,In. ~2:: -:"10 r- r-1 ~~?'C) <-' -- -rJ --it ~c; ..-:'-n """',.. ~:dc) >0 ::-.~rn C '-, ~ '''' );! (..Tl ;:xJ ~' , ~ ~'" ~'Ii1~,*,-" '.t;,"""w'-''f!i!'T''fjP;;-m:'"'''''''l!\'';ffi''f",,,,~~~,.l~f'''''''R-Y, -;"~;~~-!-~~-""'l;;NI'!i'1'\Ill,"l;r~<BfIw:m KACI R. BYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ,> vs. : CIVIL ACTION - LAW TIMOTHYJ. BYERS, Defendant : NO. doOO-I3;>1 : IN DIVORCE 'CIVIL TERM 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 for any 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 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 DO NOT HA VB 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 Bar Association Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 C_'''", ~ _ ~I -, KACI R. BYERS, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA : CIVIL ACTION - LAW TIMOTHY 1. BYERS, Defendant : NO. :2-/Jt.>V - J.3 ~J : IN DIVORCE CIVIL TERM COMPLAINT IN DIVORCE COUNT I NO FAULT - CONSENT 1. Plaintiff is Kaci R. Byers, an adult individual currently residing at P.O. Box 325, Bendersville, Pennsylvania, but who resided at 102 Independence Drive, Shippensburg, Cumberland County, Pennsylvania from March 20, 1999 until February 18, 2000. 2. Defendant is Timothy 1. Byers, an adult individual currently residing at 3629 Orrstown Road, Orrstown, Franklin County, Pennsylvania but who had resided at 102 Independence Drive, Shippensburg, Cumberland County, Pennsylvania from March 20, 1999 until February 27, 2000. 3. Plaintiff is a bonafide 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 June 8, 1996, in York County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. q!1~_ '. j,." 'I '"".- . 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. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the beliefthat the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce pursuant to Section 3301 (c) of the Domestic Relations Code. COUNT II INDIGNITIES 11. Paragraphs 1 through 10 above are incorporated herein by reference as is set forth in their full text. 12. Defendant has committed such indignities upon the person of the Plaintiff, the innocent injured spouse, as to make her condition intolerable and life burdensome. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce pursuant to Section 3301(a)(6). COUNT III EOmTABLE DISTRIBUTION 13. Paragraphs 1 through 12 above are incorporated herein by reference as is set forth in their full text. 14. The parties are owners of real estate located at 102 Independence Drive, Shippensburg, Cumberland County, Pennsylvania. ,--.",' -, 1- 15. 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. 16. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide their marital property and equitably apportion their debts. Respectfully submitted, G IE & ASSOCIATES e . Griffie, Esquire o ey for Plaintiff 200 . orth Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 :~p " ~,~ VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein made are subject to the penalties of 18 PA.C.s. Section 4904 relating to unsworn falsification to authorities. DATE: 1la.~h. <6. 2000 ?{~ .;{. ~~ KACI R. BYERS, Plaintiff --.,~~,~.,..,~ . . I ~ i I I I i I ! I I. If _II: - ",,,,,!;;1l!~~= '^" (") 0 0 c 0 -n ",. ;:J: :I! $a: -0 aJ "-'" mrn ;>:I "-n:!J z::o ' r Z'--- I -c,m f - (()~: (;0 :);z9 1J ..0 -<.,,-, ::;iO (j) !<v -u :,:1:=+1 "\l=' - ~o ::J: 0- ~ .,..~'-....., (fl ";0 5h{ ..0 f[' ):>c: ~ 9D ~ 0 ~ ,=> ~ +- ~ ~ c:::> -< "6' ~ .-./ 1- "".~,~, ,~~~I!#I!'f.j'I~~"\!Ii'Ir"\'W"l!j\;~l;fl;;fi!\l~~l~iI1imI~-~IUMI, KACI R BYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW TIMOTHY J. BYERS, Defendant : NO. 2000-1321 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 30th day of March, 2000, comes Bradley L. Griffie, Esquire, Attorney for Plaintiff, and states that he mailed a certified and true copy of a Complaint for Divorce to the Defendant, Timothy, J. Byers, to his address of 102 Independence Drive, Shippensburg, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating service was made on March 15, 2000. e, quire / ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 Sworn and subscriJ:,e2.J/L to before me this ~ day of mcvuJ-- ,2000. -?~LI~ NOTARY LIC Notarial Seal Robin J. Goshorn, Notary Public Carlisle Born, .Cumberland County Mv Commission Expires Apr. 17. 2003 ~"" ,_ ,,)''''I~_ T_ - - ~ 1 , ~,~ I ~ SENDI'R: .iii 0 Complete items 1 and/or 2 for additional services. CP Complete items 3, 4a, and 4b. , S 0 Print your name and address on the reverse of this form so that we can return this > carel to you. ! 0 Attach this form to the front of the mailpiace, or on the back if space does not Gl permit. .c 0 Write "Return Receipt Requested' on the mailpiece below the article number. ... D The Return Receipt will snow to whom the article was delivered and the date g delivers . ~- :,3. Article Addressed to: ! !~rno+hy J. 13l[er-s . ~-3(PdR Orr.s+own 1:t( 't' O. 'BD1. Jlp. OrrStown, ?A ]11&44 + Z lf52 478 873 us Postal Service Receipt for Certified Mail No Insurance Cave:rage Provided. ::f: Do not use tor Intematianal Mail See reverse !.:c U C> U> U> <X: oCS Postage $ .55 ~ Certified Fee !::!:: a:: Spadal Delivery Fee ~ g; '" .",,- --~ .,_.,-..-----..-...-""'""':~, :::~ c. 1:' I also wish to receive the follow- Ing services (for an extra fee): 1. 0 ~dressee's Address 2. IE'Restricted Delivery ~rtified o Insured DeCO 7. Date of Delivery () ()~ - /5"-0 . ~ 8. Addressee's Address (Only if requested and ~ ~~~~ ~ I ()2. .I/II.1J e.?E/'Q)CAfO e;l1 ,!?, ... S!ltfJfJEAfS(1U/'0 lh. /725. 102595-99-8-0223. Domestic Return Rece . - ,; " .;; :;; "' a .il " ~ (l: C ;; lil '" en C. iii ~ l; ~ KACI R. BYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. TIMOTHY J. BYERS, Defendant, : CIVIL ACTION - LAW : NO. 2000-1321 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 8, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decrees. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF Pa.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: 6-30-D.Q. ?{aeLt~,,,J) _ KACI R. BYE '" o c: $:: ri1ty. ..,rn -<C.~- z-J we- -<"'; ,...,"'- ;s::O '>'. 2'0 "'-Q -c: 2" :3 , '0 Cl t'-.) L ;;= b -r, --1 ,;}; ~T1 "I:r=::;: ,~1g '::"'C,:r-; fJ-D 20 of"n ?iJ -< - -u -- -. . ~~- - .. ~~~}\!i;~Wf!"l~~~!m, '_~"'~_'"",,'~_"~ l$!*1lNI~~~1li ".,.,.-"~- ," ~ KACI R. BYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. TIMOTHY J. BYERS, Defendant, CIVIL ACTION - LAW : NO. 2000-1321 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330I(c.) OF THE DIVORCE CODE I. I consent to the entry of a finaI decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary, I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: b-80-obJ- ?1w- (i, ~ KACIR. BYERS . -. , II'!'''' " ~J! _1 ".,,"'......... (") 0 0 C 1'-> --n -o~ <- ..... c= ;~'i?9 mrn , Z:J:7 Z~- ~"'1 rT"l }'JO ~:{ ~~lrh ~C) CI ~}4-i 5"C' ;~."--n :k ~J (') Z:c biT! 5>c .c.; ~ ,p ~ ~15!lIiiW'::~'!I!i\f~\~~\ll!Illl~~~!5Tf'.._~~"~;~<i'!llSIIOO'lf' "i,_~ KACI R BYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. TIMOTHY 1. BYERS, Defendant, : CIVIL ACTION -LAW : NO. 2000-1321 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 8, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decrees. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJE T TO THE PENALTIES OF Pa.C.S. SECTION 4904 RELATING TO UNSWORN SIFI ATION TO AUTHORITIES. DATE: {, ... 3o-o~ . ~. ,., . -l J: :,~'t>> "u .,'", .. C) a ~ . c:: N -o~ , C ::;:-1 !:JJ!:!.: r- h;:D ~...J_, . u~ ZC" Tli"11 CO--.l;:' ij~? --:..-;:_v ""'c -~:~t.) ~ ~ ::::! '2;'''C' ,~~~ z! ._, ._-c. >c om :z ~! =< (Xl ::0 -< _.~"'~'ij~~I~fli,.~:--~~J;-~~' ~<!!l'I~milllil!Wl~I~!lJ~~ KACI R. BYERS, Plaintiff : IN TIffi COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. TIMOTHY J. BYERS, Defendant, : CIVIL ACTION - LAW : NO. 2000-1321 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c.) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree wiU be sent to me immediately after it is filed with the Prothonotary. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: C~ {) ~ i T ,,- I. "' . - "~ ~ '" d " '.' , ,~c' ~-, < ., - ~.,lIlllIU\M1[,""fl """'""" ,e ,~ - _-'1:"""''' -,< liII!MIlijlllJ!IllJI!l;'Jtl!!,'J "1" ',,-~ 8- 0 0 N -n S- t- .--\ ""OCD i== ~-!; :0 rrl\'.,-, "'r-:::: Z:J::: - -,~<rD ZS; 'h~ ~:1?: ) ~, -' r:::C '<J :~:+1 ~~< :x ::070 ,-en ;J>c s:; :-~ ". -. ::::0 --< ," '-< ![]_lUl,;;lj_~~~iIW,I'i':~, ~ .{fii!l\'tllll! , ~ -- -. ~ -.. -., - -... " -.. -.. -." -.. ......., =.: -----'-"""'~""'" :, ' ,..1. ..;1 C'. to.... (d '. '. (t,i () fo....' ..:, - - =::: ::-' ~:: :-w: 00'\'0 .zz;l- C:QO~Z Z..... .....0 lii~&i!ii ~!::c:=a -I;;iZm- Q:aCC;! ~lii~~"" ::a,...m....~;. ~:~~CI :a"'~Q~ CI>::a:i5UJ g~ztn ",'" '" .. .. 2l o Cf)C":l> OW--I ;0"'- ;o1\)S:: CIl<oO --10--1 O;or ::2i;o-< ZCll'- . --I' "UOal )>::2i[ri jZ;O ;oCll o )> o f~ H ~~ . ~:-"\ 0<00 ~Z... =0 ... en :l -. m::r" - It -orO ~~... ,,0... ",<V "< CD -. -~< <(/)0 ~=:.. -. (!) " ~~CI ~ 2! ~ '" ~ II en .. CD .. ~. ~ - ::> o ;; '" :II -,_. .... Ii"" ,'.' , ,.- ',- ~, U" ,,'d'''':- ;~,',-, '~'" Jljjjj/fjj;j KACI R. BYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-1321 CIVIL CIVIL ACTION - LAW TIMOTHY J. BYERS, Defendant IN RE: PETITION FOR SPECIAL RELIEF ORDER AND NOW, this S~ day of October, 2001, hearing in the above captioned matter is set for Wednesday, December 12, 2001, at 2:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, Bradley Griffie, Esquire For the Plaintiff 4L Timothy 1. Byers, Pro Se 1700 Lindsay Lot Road Shippensburg, P A 17257 .:); 10' :rlm o i OCT - 5 P;"~ 3' "2 ," ,'.) Ctu',\k.::s;:"L' '\\I'l': ('1"" iN: T\{ >,,~.,-I, ." L.J vvv. I PENI\ISYLIj/~NiA '-'1 --' ,. GRIFFIE & ASSOCIATES Attorneys and Counselors At Law Bradley L. Griffie, Esquire Marylou Matas, Esquire 200 North Hanover Street CorllsIe, PA 17013 (717) 243-5551 1(800)347-5552 Reply to: CarUsIe February 4,2002 38 Norlh MaIn Street Chambersblll'll> PA 17201 (717) 267-1350 FOI< (717) 243-S063 Robin J. Goshorn LegalAssistant E. Robert Elicker, IT, Esquire Office of the Divorce Master 9 North Hanover Street Carlisle, P A 17013 RE: Byers vs. Byers No. 00-1321 Dear Mr. Elicker: You will recall that the above referenced case is one where we were having difficulty locating the Defendant, Timothy J. Byers. We no longer have a current address for him and he refuses to provide a current address to Ms. Byers when he does make contact with her. This is true, even though he has a Support Order where he is obviously required to maintain a current address with the Domestic Relations Office. Under any circumstances, in my last correspondence with you back in December, I advised you that Mr. Byers was working at Spanky's Used Car Sales in Mechanicsburg. With that information, we were hopeful that we would be able to serve documentation and information on him to allow the proceedings to continue. Unfortunately, my client has now been advised that he has been fired from his job at Spanky's. Therefore, we don't even have a work address for him. Under the circumstances, and after a lengthy discussion with my client, we would appreciate if you could simply vacate your appointment and allow this matter to remain at rest until we can take other actions to develop some means to have routine contact with Mr. Byers. Otherwise, any time there is any type of Notice or proceeding being processed through your office, we are going to have difficulty in securing service. We are going to be obligated to request various continuances and will be doing little more than spinning our wheels. . If I need to take any specific action to have your appointment vacated, please advise me. If you can take care of that through the filing of appropriate documents with the Court, I would appreciate you doing so. -\"~' '-I~ -, r_ .' , ~r_ / .. Your attention and courtesy are appreciated. BLGltjg cc: Kaci R. Byers --". -' r - .~ ..- KACI R. BYERS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. NO.OO-1321 CIVIL 19 TIMOTHY 1. BYERS IN DIVORCE Defendant STATUS SHEET DATE: ACTIVITIES: Wtpytt vYI. "- t . ~ ''''~ -w.u "t...-- ~ -'"' ' .1 . ~ ~ ~. , KACI R. BYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 1321 CIVIL TIMOTHY J. BYERS, Defendant IN DIVORCE TO: Bradley L. Griffie Attorney for Plaintiff Timothy J. Byers Defendant DATE: Monday, October 15, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. . I w ~ ~ ~ (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. ~ I ~ -. ,,-, ,~, ,'" ^.' ". OCT 2 9 2001 KACI R. BYERS, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 1321 CIVIL TIMOTHY J. BYERS, Defendant IN DIVORCE TO: Bradley L. Griffi _.fir. ~?~::, . .. At.t;~E.ey for Plaintiff ~.. :. '. Byers t.;' I/)(If" Defend~'r' I.", /~. ' d i 1:;0 ,/ ~ . '. 1.1 , 'r f ' I ., DATE: M~-;"d~tr,":'!Qho"1:!>eli7J,ft, 2 0 0 1 ""...............: .(;! "'~""",, Timothy J. CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. I ---, '" . . "'~ . ~ ,.' . . ~R W; ~,l~~I' \l \t; .--- .. \ \ ~ \)c,\ \ Ii l\\\)\ G\\\\\\\. '" ~.,sOC\~'~ , ~ ^ ~ '.".c. ''""''''''''''''''''~~ . ....~~ ,^",'/':'7,pi~"'lIJi!!Ill": ~, ~~ ~ ,,/, ~r.. y 'c., (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. Discovery is complete. Ibl~ DATE J><) ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. '.'1 -, ~ '1~/iilII!\I!il] " -- GRIFFIE & ASSOCIATES Attorneys and Counselors At Law Marylou Matas, Esquire 100 Nortb Bonovor_ 0UtisIe, PA 17013 (717) 243-5551 1(800)347-5552 Bradley L. Griffie, Esquire Reply to: CIIdIsIe 38 Nortb MaIo_ Cuunbersburg, PA 17101 (717) 267-1350 F.. (717) 143-5063 Robin J. Goshorn LegalAssiatant December 21, 2001 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Byers v. Byers No. 00-1321 Dear Mr. Elicker: I just received mail returned to me that I have forwarded to Timothy J. Byers at 335 Lincoln Way East, Apartment 1, Chambersburg, PA 17201. Although you may have already sent notices, it would appear to be a useless effort to try to serve Mr. Byers with anything at that address. At this point, my only thought is to possibly check with the Domestic Relations Office where he is a Defendant in a support order to determine what address they have. Presumably he is to keep them abreast of any change of address, so that would be his most current address. Particularly because I am sure we are going to encounter complications with Mr. Byers or an attorney on his behalf providing a Pre-Trial Memo pursuant to your directive, I now specifically request that you reissue a directive to provide several more weeks after January 4th for the parties to file their Pre-Trials. We will do whatever we can to assist the Master's office in serving Mr. Byers as, unfortunately, this is not a new issue with him. One other possibility on serving Mr. Byers is to send his mail "personal and confidential" to his last known place of employment, which is Spankey's Used Car Sales, in Mechanicsburg. I do not lmow your position in serving something in this manner, but that may be your only recourse. If you wish to have me take any additional action, please let me know. Very truly yours, B~fif r(;ij BLG/kjl cc: Kaci R. Byers \4>, j 1 Ij 'I I I I , '-;"'.' -,-"-, OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Traci Jo Colyer Office Manager/Reporter West Shore 697-0371 Ext. 6535 December 13,2001 Bradley L. Griffie, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 Timothy J. Byers 1700 Lindsay Lot Road Shippensburg, P A 17257 RE: Kaci Byers vs. Timothy 1. Byers No. 00 - 1321 Civil In Divorce Dear Mr. Griffie and Mr. Byers: Mr. Griffie has returned the certification document regarding discovery indicating that discovery is complete. Mr. Byers has not responded. I am going to go forward on the basis that there will be no outstanding discovery matters to be addressed at the pre- hearing conference. An action in divorce was filed on March 8, 2000, raising grounds for divorce of irretrievable breakdown of the marriage and indignities and the economic claim of equitable diStribution. On October 3,2001, the Plaintiff filed a petition raising economic claims of alimony, alimony pendente lite, and counsel fees and expenses. I am going to go forward on the basis that grounds for divorce are not an issue and that the parties will either sign affidavits of consent or have been separated for a period in excess of two years. However, since indignities have been raised in the complaint, we do have an alternative grounds to proceed under using the fault provisions of the code. . .;c -~ ':T;~__-'\;'_:;"-~:_-,;- Y,"^-~'- ~ ~--"0 -c','<c.Y,_",'_,'_'" :n-',~,-<-!:i!-'"- "_'_T__,, ~'''' -', , '" - ~ -,,' 0_ r":-- - ~Ft -.r,._,c~~'" -- " Mr. Griffie and Mr. Byers 13 December, 2001 Page 2 In accordance with P.R.c.P. 1920.33(b) I am directing Mr. Griffie, as counsel for wife, and Mr. Byers, who is representing himself, to each file a pretrial statement on or before Friday, January 4,2002. Upon receipt ofthe pretrial statements, I will immediately schedule a pre-hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. RobertElicker, II Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. ., "",---~ ~- - -. - ' -- -I KACI RENE BYERS, PLAINTIFF :IN THE 'COliRT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : CIVIL ACTION - LAW : NO. 00-1282 TIMOTHY JOSEPH BYERS, DEFENDANT : PROTECTION FROM ABUSE EXTENSION AND MODIFICATION OF FINAL PROTECTION ORDER Defendant's Name: TIMOTHY JOSEPH BYERS Defendant's DOB: 10/31/1972 Defendant's SSN: 197-56-5486 Name of Protected Person: KACI RENE BYERS AND NOW, this 10 ~ay of August, 2001, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff, Kaci Rene Byers, is represented by Joan Carey ofMidPenn Legal Services; Defendant, Timothy Joseph Byers, is unrepresented, but has been advised of his right to counsel in this case. Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition, PLAINTIFF'S REQUEST FOR AN EXTENSION OF FINAL PROTECTION ORDER IS GRANTED PURSUANT TO THE CONSENT OF PLAINTIFF AND DEFENDANT. 129 1. Defendant sball not abuse, stalk, barass, tbreaten Plaintiff in any place where she might be found. PLAINTIFPS EXHIBIT :if] ,~ , ~~ (8) 2. Defendant is completely evicted and excluded from the reSidence at 102 Independence Drive, Shippensburg, Cumberland County, Pennsylvania, or any other residence where Plaintiff may live for the duration of this Order. Exclusive possession of the residence is granted to Plaintiff. Defendant shaD have no right or privilege to enter or be present on the premises. D On _ at _.m., Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. (8) 3. Defendant is prohibited from having ANY CONTACT with: Plaintiff at any location, including, but not limited to, any contact at Plaintiff's current residence, and any other residence she may, in the future, establish for herself, her school, business, and/or place of eDlployment and the school and/or child care facility of the parties' minor child. Defendant is specifically ordered to stay away from the following locations for the duration ofthis Order. . Plaintiff's residence located at 102 Independence Drive, Shippensburg, or any other place where she may reside during the term of this Order, . Plaintiff's current place of employment, and any other place where Plaintiff may be employed for the duration of this Order. . The school and/or child care facility of the parties' minor child unless otherwise determined pursuant to a Court Order relating to custody. Defendant shaD not contact Plaintiff by telephone or by any other means, (8) 4. including third parties, except for the limited purpose of communicating information -'i,_, ,." . -~ , - ~'F"_ -' ,-_~-- " - , ~ '"\ ~~~- ,~. regarding tbe parties' minor child. o 5. Custody of the minor child, shall be as follows: (or see attached Custody Order) o 6 Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriff's Office, the following firearms and/or specific weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: (8) 7. Defendant is probibited from possessing, transferring or acquiring any other firearms and/or weapons for tbe duration of tbis Order. Any firearms and/or weapons delivered to tbe sberiffunder Paragrapb 6 oftbe Temporary Order sball remain in tbe custody of tbe sberiff for tbe duration of tbis Order and until furtber Order of Court. Defendant may, upon tbe expiration of tbis Order, request tbat tbesl1eriff return any firearms and/or weapons beld pursuant to tbis Order. Tbe sberiffsball determine if Defendant is otberwise legally entitled to possess tbe firearms and/or weapons. If tbe Protection Order blllS expired and Defendant is legally entitled to possess fIrearms and/or weapons, tbe sberiff sball present an Order to tbe Court autborizing tbat tbe firearms and/or weapons be returned to Defendant. Otberwise, tbe sberiff sball notify Defendant tbat be must fiRe a petition with tbe Court seeking a return of tbe firearms and/or weapons, in which case the Court, upon petition, will scbedule a bearing witb notice to Plaintiff. I:&> 8. Tbefollowing additional reliefis granted as autborized by ~61 08 oftbis Act: . Defendant is ordered to refrain from harassing Plaintiff's relatives and/or ,......,.., ~ ,.- , the parties' minor child. . Defendant is enjoined from damaging or destroying any property owned jointly by the parties or solely by Plaintiff. . in Chambersburg, Franklin County, P efendant is ordered to enroll in the Novis Non-Violence X/(B ~ ltional treatment recommended by staff. . This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date jjf the Court [mds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. o 9. Defendant is directed to pay temporary support for _ as follows: _' This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen (15) days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. o 10. The costs of this action are waived as to Plaintiff and imposed on Defendall$:. :~-'r - ~ """'" I , >, ~ ~Ip iI~o.oo . " ,Defendant shallpay $Jj)"96-to PlaintitTas compensation for her medical expenses which were not covered by her medical insurance for treatment of injuries she sutTered as a result of abuse listed in the Petition and for counseling sessi~elated to the #~.OO ~'-r;:;p abuse. Defendant shall reimburse the total amount ofSll'O.9&to PlaintitTwithin 30 days of the entry of this Order. Payment shall be made in the form of a money order made payable to PlaintitT and mailed to PlaintitT at ber mailing address or mailed to MidPenn Legal Services on her behalf, Attention: Joan Carey, Attorney at Law, 8 Irvine Row, Carlisle, PA 17013. ~ 12. BRADY INDICATOR 1) The PlaintitTis a spouse who cohabited with Defendant, and a parent of a common child. 2) This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. 3) Defendant represents a credible threat to the physical safety of PlaintitT. 4) The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against PlaintitT that would reasonably , be expected to cause bodily injury. ~ 13. TIDS ORDER SUPERCEDES ANY PRIOR PFA ORDER. ~ 14. All provisions ofthis Order shall expire on February 10, 2003. , . , i: i: I, i I' il I' I' i' ii I: I' , I: Ii I! il II II il I: i; " 'I I, Ii Ii II 1\ i_ --'. NOTICE TO THE DEFENDANT Violation of this Order may result in your arrest on the charge ofIndirect Criminal Contempt which is punishable by a fine of up to $1,000 and/or a jail sentence of up to six months. 23 Pa.C.S. 96114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. This Order is enforceable in all fifty (50) States, the District of Columbia, Tribal Lands, US. Territories, and the Commonwealth of Puerto Rico under the Violence Against Women Act, 18 US.C.92265. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under that Act. 18 US.C.99 2261-2262. If paragraph 12 ofthis Order has been checked, you may be subject to federal prosecution and penalties , under the "Brady" provisions of the Gun Control Act, 18 US.C.9922(g), for possession, transport or receipt of firearms or ammunition. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiff's residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs 1 through 8 of this Order may be without warrant, based solely on Probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S.96113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the Protection Order or during prior incidents of abuse. The Cumberland County Sheriff's Department shall maintain possession ofthe weapons until further Order of this Court. When Defendant is placed under arrest for violation of the Order, Defendant shall be taken - . I - cn__ " . . . to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR Plaintiff. Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY THE COURT, /2/' G.f~P f: ~/11 ~0. George E. Her, President J This Order is entered pursuant to the consent of Plaintiff d Defendant: . I ~~~ A kAttorney for tiff MidPenn Legal Services 8 Irvine Row, Carlisle, P A 17013 \ 1:- !- ' .~ ~ ~~ 201.H-U9,.281I:UO:44 CF:~4Tm 01 w~~'~~)C:Al'-H2 op"'P,\P 11()ac"-K2{g1 ZOO {~YJ2707981i)(iJ roil~:'20C,'1 n8080;-~-romd 040~4n..16'!G 1 OiJ 79K 4.')~~.OO KAC( R B'lER~ 'll~ QVAKER en'? AP't'.1 .. CF,t477S:200t(j9'2"'t07~.lg:hHH . h:nag,e 1 ~)f 1 :l..,...----..-.--"--..-.~r_--- -... --. ii J(u, aiirl . :\." 1\" Q.,.i~(;.:..,.~... :if1''-I r 1_. \....~. 1M (1:13", . .'> . '. . . ...1 ~......... t ,., ':. ';,' ", -.',l,I,:..rM. ,",' }.iJ.l',~;-\, '\':'~,r.:iJ("-"!'\ I' ,,~lt JUl. '..,......J,-I~_,,__...~ 1~ \ ill f'~~I. /) , '. .1.. ,._t~,:!,;' . J..- '1~_ . :';';-'.';';, (1J.:i\..~...d!..,( ~ ;":'J Ct;,:~ '~-I'\-'-' , i cw....-I:~I ~C!~~~~_~l".~,.&-t.~-~~~~. .'.' -'~<': ",;;7';- ;\ "__ "-l\w."i.U:~'__~~'RCLY~:'n_.._~,~".........~i.!.;....._.-..t.:..'~'_.~~"~N'-I h'!!,lI> r &PNCBAl\K . r '~'I~, 'j \ \I~' f' ~'~-~H'\ '" "'~ . . .. - l :'H:(,i''CIt.'~)!)'i I r..___._._..:i..t!;,.<Jf,_~I.!......-_ ~, -:0; ~~~__~~~.~ j~~:\: 500 3G? S~~I. ?;fl 11 ~~m,J/:;I.~ @I 1 I I ~ ) X'tJ,.~;_ JJl'~'c.;J.- . .,..!" iOC100D L. ~j ~oavlt '.:,-,:~-~ .'._:~!.;I: ,; ;-, '1IW:\~ ~'~-, :;~jt,'~:i~{~;.:,:::~"1:m ".'1 .' "';. " ..~r~'l,T~l':N)(t~i :1:~':'!fV;A]m i .:. t~l1l'~0.l?P~.,. :i ii, .;/i~;"';'" 1 () ~ eo.;~':~(;llr j i ': -; ,,: >V ..... .'. \) '17GlOQ. ,,'e bl~A ::',' :_ '~,r:i:;<}'H'>'f ;. ~ltf ):~' ",,"~E:.' ':\<~::\ -.; <~t~~. ~ ~;:1t'vt~~:":;:":\ /;~'~.,~ I ,~~'i'( "'3:~,..?' ,~<t PLAINTIFF'S EXHIBlf --H' " ,,~.. vi ~.?OOl.,09.ZS Il:OO.ll~. ("F.H778 0 1 w~vHCAN L~ op=' PAP node,o~K~~@ 20() IOC)'.-::"l0'79g 100 r r()lI"'2()010~(igtt'Gr0Ihd 0-10 ,'10~ '16""70 I (10798 453,00 Y-.J~ILCl R r?~d'i.R;:; 718 QlJl\.K[(f{ em APT.~ - (.'F4..r;1"78".W01(J9~27(Y798,W()r. lrni.!g.e 1 of! .l--'-.'.'-.'.'-".'---'.r'.'.'.'-"- - , x...~ 8. iri, , ~i 1.lJ ~II-C.:.....1', .,,,t,'/ I~ ~"'\:lO."'"3 /)4 /133'1 '" ' " -.fu'" "2' " I ~~ ~ .~.:. . ~M~ .';~.--".~~~, n')I,~', .,~j~:~~'~" II' ~:'___Gd..r..i$.L.Jtd.WtLL;.<.<t~iJt:",,!;o.fi:_:_.._l $ '(5'3/'''' i..' Ji. \" .'~ A .J! i C ~.r;.c fj '-.- , _~ "" :.CJ\~~(U"~_-t:-"'I..'ul'::'_l...:.~~_,_~!!d--~,..._..~~_."_ ,_.l)",!I,II" ., -~,... 1: -r r &'PNCBAN< N'~~'." "1oI' "~ilolt.\ ).. 'Ji.<'~'('L';;:'-;;';' f... ........___T r-t...i1.',t. ~:B:J.t~.___~_~ f ':l:HIUL2?;iSI:, SOO,!;?56!,?'- ~. >.w..._...":> -..' I: I~ ~IHtt:jJ"13 I,~-. I (!j) . , I I i .. L .. ) X~"- '. ))12".].. , . ..,.. '" /I:JDIJOD L, 5 ,00..' I. ii ',;,J,lj 2001-I.W<;:8:1 Lo:u:-H CF4-ins 01 w~F'SC.'\NJ'~.~ oP'-'-PL\P Q01.k- K2{j~ 200\092,707981 GO 1 ]"'oU.-:c20n IO'.iOS":';:'rolHd o,-W~..W-1670 100798 4~3.,)t, '1".../,\\.'\ K Bl'f!HS 7H\ (ju/-',Kn~. ('Ii? APT,~ - CF.H77fCl(!OR09;:-:O']98 101:<1. hnage of! 'll----'~---"_. _.-~. ~; IJ1irl> .' .' 1., o...~(;........l<, "f1." t1...\.~,^", . f!4 p.EI? ." ". '.,' '.. ~ ." ""2ti,,'" ,J ,~ ., ,. -,. '" fhL!;"'j"\:.J.i.!rL._.':lt-:~...:....._...'!: ."\ ,,.... "" J ' ~} ~.:-___/.:.:~LJt.~-IJia.Lt.<..l:;LJi,'-:;i'{ !":"J $' ~rS'3.cc:" C. \ ,"r '.' , <".':' ___J:9.y.C~l\~ili.tl.. ,__':'1;":"t:.4_::~~h~_,._.~~~~~..[.L.._-L~:'____ __ I, ~,,:I;\,", a 'PNCBAl\K . N'I~';\ ,,~. 4~~~\ ,'~.~' _ '. :,i(t':'('.::.":.....~'i r_,_______,l..~~~S!J.LL _,__~" t,j.llJ'1"313 (tV I , I I ! I ! I , .i .i J\ I ; ii il ,. " i'; /;) ._... ) X/tc..~ 1J,v'~~, ..... ..-."..' ..!" ,~.'tJCllJOO I, S ~OU"j ',~ I;, lit ':03 u..? ;l81:. SOD 3P.. 7 %t, ?~. ----......._~.^';,.,;, iL ': il .~ " .;,i:' .")i: 'r":'-'" -.; ,'~ . :~'t'.~, ,.1 ~'.:~ ':';' ,'" :,t~~~,;r3;1~~ Ac::uun~: .SO;J'JC?50S? 08/-:)6/0: TIMOTHY J BYERS 1700 LINDSEY LOT RD - clo JOHN T BURI-lHEISEL IL,^-t l S SHIPPENSBURG, E'A 17257 Vl'L.~': CI.- 00 PRIME SHARE ACCOUNT \.~~ ~ 80 POp/2001 DODGE RAMG DQ Amount. Payment: . 8.35 Due Date: :.::\. Days P.ast Due: 15 Balance: 452.30 La~t Pmt: ~;/~2/01 'L pt c~g Due: * Payme.nt(s) 22,992,07 Or~g Date' art~al: 0.00 \ in.the amount of 453 00' 09/29/00 original: 443.95 ________________ . .. made to Loan 80 t d 25,804.25 ) vY Last Work . ------------ . 0 ay. _____ ed. --1--1-- 00,00 --;;------------------ ----- . \) 101 o~~-;;;;-------------------------- 'n'o"op'od .._____ "~V ;L9~ '" Void '0'" :i: go,','o,' "'" ,;;-;;;;-;;;;;~--;'2 ----------- \b.~~- (2) Display Notes (6) v7ea e Letter (9) Prev Queued ) Transact~on ~ \ (3) Promise Made (7) Q~ew Screen (10) Change Acct (13) Account ~nqS ~ ~~~~. '~ ueue List (11) Resume Acct (14) Account FM .~ 1~ 'o'odl@ 1'" OpUon, Mono 0 \ Home: Work: 717-530-8829 717-264-7146 SSN: 197-56-5486 8.14 Available: 3.14 <d~ 10/ faflt'/ S/I1r!JL #15 a eecuYl+ r-S -r:mo.j.J~y ~, Tea/l fud- prifJ<.[}.( / Iy ck~ ~ addr(JJS o~r 'flo/) f-Lc- 0 rh'D/J ~ ciD ~ I ~t.(J r\ J- /000 (lO+U''Y. !lA.P.Onl/ltj1 sk--f)"rLYI-ls {ull/ fA--. !lA,j)U /ecA-. ---fc; ht iY1 C(} iT 1110 / Y cJl \)J.JL arrra.hl. !l-ny i LwS--lon5f/ Cbnce r f1. S' ( / (Q .K.. CrrJ I JIJ"-..0. . y-I\QrJis/ , en PLAINTIFF'S EXHIBIT ~',,~~ t," 1F5 ''i". - ~ . Account 5000025089 BYERS,TIMOTHY J Effect: 08/06/01 Post: 08/06/01 Tlr: 0649 ID DUE DATE PRINCIPAL INTEREST FEES BALANCE TRAN AMOUNT SEQ ------------------------------------------------------------------------------ Payment to POP/2001 DODGE RAM Prev Bal: 80 07/22/01 215.34- 228.61 9.05 23,207.41 22,992.07 453.00 #54463 ------------------------------------------------------------------------------ Check Received 453.00 In an effort to serve you better and Protect your valued assets, we require Photo ID and your membership card to Conduct credit union business.: THANK YOU! TIMOTHY J BYERS KACI RENE BYERS C/O JOHN T BURNHEISEL 1700 LINDSEY LOT RD SHIPPENSBURG PA 17257 ;.':1_ 'r' . November 29,2001 FEDERAL CREDIT UNION TIMOTHY J BYERS 1700 LINDSEY LOT RD C/O JOHN T BURNHEISEL SHIPPENSBURG, PA 17257 RE: Acct 5000025089 - L80 Dear Mr.& Ms. Byers, After repeated failed attempts, we still find your loan account to be seriously delinquent. The total amount due and owing is $1,817.55, Please be advised that you have ten days from the date of this letter to bring the account current before legal action is taken. If you would like to discuss this matter with me, I can be reached at (717) 263-4444, extension 4241. Reese edit Recovery Manager PLAINTIFF'S EXHIBIT \\ ~~ ~ ----~ 800 Wayne Avenue, Chambersburg, PA * (717) 263-4444 * Mailing Address: P.O. B6~ 778 Chambersburg, PA 17201-0778 , KACI R. BYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-1321 CIVIL CIVIL ACTION - LAW TIMOTHY J. BYERS, Defendant IN RE: PETITION FOR SPECIAL RELIEF ORDER AND NOW, this "2...'V day of August, 2001, at the request of counsel for the plaintiff, hearing in this matter set for August 29,2001, is continued generally. BY THE COURT, *~ri- Bradley Griffie, Esquire For the Plaintiff Timothy J. Byers, Pro Se 3629 Orrstown Road Orrstown, P A 17244 .~ ~ F". .2Q.of ~ :rlm "'. - ".'.,," -" - .,.-~ ,~..-" -~ ~~ f . Plaintiffi'Petitioner : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA KACI R. BYERS, v. CIVIL ACTION - LAW TIMOTHY 1. BYERS, : NO. 2000-1321 CIVIL TERM Defendant/Respondent : IN DIVORCE ...... a..FFIDA VIT OF SERVICE A..,\[D NOW, this 24th day of October, 2001, comes Bradley 1. Griffie, Esquire, Attorney for Plaintiff, Kaci R. Byers, and states that a true and attested copy of a Petition for Special Relief and related Order of Court dated October 5, 2001, was sent to the Defendant, Timothy 1. Byers, at 1700 Lindsay Lot Road, Shippensburg, P A 17257, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made ort October 19,2001. ,~ c ~ ~ c~: . ~ "-/ -'- Sworn and subscribed to before.me this -: ~ r,', day of I -fi \",' ,- ,2001 -~ , .'-1 I , \;1)., ~. \ PLAINTlFPS EXHIBIT N 1:1:-;( r,otarlal Seal <.dn.;a J Lehman N_n, Carlisle Bore, Cumbeii.ma Public My Commission Expires Aug. ~~~03 "~ .-- ~ , -~ .. '- . COmplete items " 2, and 3. Also complete ~em 4 ~ Restricted Delivery is desired. . Print your name and address on the reverse so at we can return the card to you. . A this card to \he back 01 the mailpiece, 011" front if space permits. 1. Article Addressed to: ~fn(;fh", J 60: 'i f 1()~;~ fJ rtc(fCi--J L f7! ReM fhpjJtr5bffej" ?fJ 112)1 1 ( I I I I D. 1 tlelive!y add.... _ from item 17 f;::t;:~~ ) 3. ~ Type ACOrtifiedMaiI ORog_ o 1_ Mail 0 C.O.D. 4. Restricted 0eIive<y? i&lra Fee) 2. Miele Number (Copy from service label) "71./(.)0 6C!.&O PS Form 3811, July 1999 C07<::: /')70 Domestic Return Receipt U]z/ 1~ ru c- o; L o lr '" .-'l Postage ,b.y{ Z Ii.) {, s-c 3 '2(; =es,stn"-4f~ -Iere :-mlf!eo::~ : r<etL.r'" ;:lecSIOl Fee ' IJ'l .E:1corserent C,eauml ru CJ ReslTlC!ea :ellvery ~ee . t:J <Er_'Ocl'Se!"''3'''. ReQ\"M~\ . CJ Total Postage & Fees . $ c::l ....ll., . iftnt's Nam1'1/ease ~"I'l! C:er,!J .~o C ,""c!eteo ~ =-a i!'\ ~ f-Siftf1~;~:-;ilJ;'ji1;~:;--//~'r:J--~;;;/----.m.. ~ r.Ci---iii.z~.;~~--:--_;--'m.:_m--~l------%---g;-7-1m--7l'. -~ ~~ - - ~" ""'"' <.. ' Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V A..'\IIA : CIVIL ACTION . LAW KACI R. BYERS, v. TIMOTHY J. BYERS, Defendant : NO. 2000-1321 CML TERN! : IN DIVORCE AFFIDAVIT OF SERVICE A..'\ID NOW, this 6th day of September, 2001, comes Bradley 1. Griffie, Esquire, Attorney for Plaintiff, and states that a true and attested copy of a Petition for Special Relief and related Order of Court was sent to the Defendant, Timothy J. Byers, 1700 Lindsay Lot Road, Shippensburg, PA 17257, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on August 30, 200 I. I 1<;( squire , _ l?)' A Plaintiff - GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 (; -....-') o \...--'- ,- Sworn and subscribed to before me this '.. ,; day of - , 200 I ,./' -- .. -~ t ~..: " ,"" 1 ~, , . NOTARY PUBLIC , Nctarlal Seal C~~~ ~~~~':-='a ~blk: My CommiSSion expires Aug. 25~~~03 PLAINTIFPS EXHIBIT . ..,... r ~ ~ ~~~ .. .. SENDER: COMPLETE THiS SECTION I I ,I I I , COMPLETE THIS SECTION ON DEUVERY by (Please Print Clearly) I B , ! . COm~lf: e items 1, 2. and 3. Also complete item t. If Restricted Delivery is desired. . Pri" your name and address an the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ......-- i UiJtt'liy/, J- . .I '...I t....J'. ,i/f/.li i.-1Y1.l1)wO-i , ,ilV /t 5h ippe! 1'~5 i)vr~ " o Agent o Addressee o Yes o No x D. Is livery dress different from item 1? If VES. enter delivery address below: ~ &;ef5 II 3. ~9'ice Type I . Certified Mail D~~,,.._ " o Registered D RetiI~Ocei", for Mlinhndise CJ Insured Mail DC !".,';"U I 4, Restlicted Delivery? (Ei<lTa Fee I:.. Yes ~ ,/ 'I--r IJ v.(i-- r \ . ! -/ (2' '! I }-' . ,',,r .;.,~ r 'LCc!VI '-1..~-7 I , ~'"' ! ....\f'- i/h / 2. Article Number (Copy from service label) In't) (;(jtu {.C/Z,C:; ;S-C;O ()4'12 PS Form 3811, July 1999 Domestic Return _sipt 1025~ ru r-- =r o ~,. '"', - CJ [T" W1 .-'l "6-""u) ./ 1-,tD~' ~'" _. .;.1""- ~ , """->no' - i_I' ,\,\ ".;\ I IX' " "U \ /" ~ ~_Q,.I " $ I 0'1.) P~slage S ~ar~mec: -e" ~ i~r;o~eW;~~e~~~,\;~: C Fles:r.rec Jeuver, =ee o \Endors~enl Rec:,..~ec:) o o -" C I Rrt'S Name ~'ea:;:9 ;:::~nr f;.'eanv) 'to 0& C Qle ~ r,r,,::!~~:,t-3~::'~:~';'~:,;~::::;~.c,'::~~,...~,____nn__....u._~ r"'- i ,,~,- _./"1 -,..~) I Total PQstage &; Fees PS Forr:l3:>QQ. FebruJ.ry 2000 See Reverse fer Instructions Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA KACI R. BYERS, v. : CIVIL ACTION - LAW TIMOTHY 1. BYERS, : NO. 2000-1321 CIVIL TERM Defendant/Respondent : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 24th day of October, 2001, comes Bradley 1. Griffie, Esquire, Attorney for Plaintiff, Kaci R. Byers, and states that a trne and attested copy of a Petition for Special Relief and related Order of Court dated October 5, 2001, was sent to the Defendant, Timothy J. Byers, at 1700 Lindsay Lot Road, Shippensburg, P A 17257, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on October 19, 2001. N ,...-~, ~ ~ ~ _ h Notarial Seal KansaJ L h Cariisle Bor~ ~:':;b N~ry Public My Commission EXPire~ %:g'~~~03 ;,~. !f, ' ' . ."" -. ,~ ',',' - "--- , - - - -,,' ,~-"' 'Y"-:-::""""-?'":-""~'''''_'''!}'~'-'''''''''F-~'''^--''^ < '-"C' . Complete Items 1, 2, arid 3:Alsocomplete ~em 4 if Restricted Delivery is desired. . Print your name and address on the reverse so"that we can return the card to you. ~\lll!' , card to the back of the mail piece, 'i~ . nt if space permits. ---I 1. ectto: 1},(),W Y!~f:t:rA'f 1'<<<<1 fhifpt~bffCj/ ffJ 112~1 D. l:telivery address different from Item 1? f; ;:er/iV;::SbeIOW: 3. ~ice Type A. Certified Mail 0 Express o Registered 0 Return o Insured Mail 0 C,Q,D, 4. Restricted Delivery? (Extra Fee) 2. Article Number (Copy from service label) i iifY~4~Jiii d:>a~6lI:iiOia>i-e<::: /5(0 U]Z/ PS Form 3811, July 1999 Domestic Return Receipt 1025s5-o0.M-0952 ! J! 'i ~ ~ I I li :! 'i ',i,"1 I .' ri { ,..., l1J o o (' fl Cl lr Lr.J Certified Fee .-'l :.i :i 'I Return Receipt Fee L.I1 (Endorsement Required) ru CJ Restricted Delivery Fee CJ (Endorsement Required) ,:! ~ i oj ;~i ~I ~i rI q , I tl :.1 ~I I, '1'1 i "! " :1 ;i o o ...lI o o o o r-- Total Postage & Fees ~i ':! .'. , , ~ ~ ,"" ., , ~ ,-- ~'"---1--''''' ".~~ ",,- >'-r~~ "'. .-~'_~~"_,"'i_""A_' 'Nlfrt' , (') C:) c.: c) _;s: 0 -Ii mCD 7fT! CJ Z::r::l --I ~ " (l)C N ,-'-" ~Z .t:'-~ ~~~; ~C) --0 ~O 3.:: g;~ ~O Pc: ~ z '\ :::< ~ o--i --. 55 -< ~~~ ",' .~~.~ ~,I~ - ,", _Ill Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KACI R. BYERS, v. : CIVIL ACTION - LAW TIMOTHY 1. BYERS, Defendant : NO. 2000.1321 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 24th day of October, 2001, comes Bradley 1. Griffie, Esquire, Attorney for Plaintiff, Kaci R. Byers, and states that a true and attested copy of a Petition for Alimony, Alimony Pendente Lite, Counsel Fees, Costs and Expenses was sent to the Defendant, Timothy J. Byers, at 1700 Lindsay Lot Road, Shippensburg, PA 17257, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on October 17, 2001. Sworn and subscribed to before me this '2.Lj~ day of Or:+o b.tr ,2001 ~i1\~ N TARYP 1: ,----< Notarial Seal . \ I<alisa J. Lehman, Notarl_!X ~~~ Cariisle Bora, Cumbe ..... 03 , My_Commission Expires Aug. 25. 20 , ~ ,~ ,~, -" , ~ _1IQl,.~ -------...,~-,...---------,,--"'~-,-- , ',<", - ,.., -.... "~-',--~-"""" -,- '! " ',- ,', -, - ,-- - ,-- < Compleie~em'-1;'2; and 3. Also complete it!fll4 if Restricted Delivery is desired, . pr1ht your _Rame and address on the reverse so that we tan return the card to you. . Attach this card to the back of the mail piece, or on ~ -~ 'front if space penn its. 1:~it;tJ. B '.,0 nUO Ld h.d-S(j f:I- &ad ShiPf.tVl-S hll'r:J ,?A 11ZE1 x o Agent dressee '.. es o No D. s delivery address different from Item 1? If YES, enter delivery ress below: 2. Article Number <s~y from service label) 1UW O(j(j) C(j&~ 1(11 0 R~ Fb[rt1\3~~ 1,i./fliY, 19~~ iD<J"l'l"icf"l'{m R..eipt "" .-'l t:I o o lr '" .-'l Certified Fee LrJ Return Receipt Fee (Endorsement RequIred) ru Cl Restricted Delivery Fee t:J (Endorsement Required) OuJ4 10259S-00.M-09S2 o o ..JI r::I ~ient~e (Please f~nt CI~ (to be completed by mailer) g ~~~cm{~;rl;!-Fi;n"fPfi;;;j_..mmmm__nnn:m. o -LSii~+4.m.5..~_.._mn._n___nn..m._nnmnn,nn_mmn ~I Total Postage & Fees . ", _ '~_" '''''_Y<-'t' '. ,- , ~, . "'-v"_1 ,-, _H', "-'~. . -"'~-- ~-"-'--" ,-,', '-, '",,~ ,~-.-,i' -~-' Lf"liLT 0 Cl <:) C -n ;;: c:::> -,;10:; ('"> rpr::'l -I ZC N --:~~C) ~Z .r-" -3t~) kC) -u .-,",-, ZO :K i.~f; 5'>2 r;:> csrn ~ " ~ v> ~ -- , , . ,.",. 1 "". "", "_."'W"_. ...-- - KACI R. BYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. TIMOTHY 1. BYERS, Defendant, : CIVIL ACTION -LAW : NO. 00-1321 CIVIL TERM : IN DIVORCE NOTICE TO: Timothy 1. Byers 1700 Lindsay Lot Road Shippensburg, PA 17257 You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other money or property or other rights important to you. YOU SHOULD TAKE PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3 166 -1'""'- ~, -- - . ", KACIR. BYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs, TIMOTIIY 1. BYERS, Defendant, : CNIL ACTION - LAW : NO. 00-1321 CNIL TERM : IN DIVORCE PETITION FOR ALIMONY1 ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES AND NOW, comes Petitioner, Kaci R. Byers, by and through lI1er counsel of record, Bradley L. Griffie, Esquire, and petitions the Court as follows: 1. Your Petitioner filed a Complaint in Divorce on March 8, 2000 to the above docketed number. 2, The parties have been unable to resolve the issues associated with the pending divorce and collateral economic issues. 3. Plaintiff is unable to provide for or afford her counsel fees, expenses, and costs during the pendency of this divorce action and through its resolution. 4. Plaintiff is without sufficient property and otherwise unable to financially support herself despite being gainfully employed. 5. Defendant is presently employed or has substantial resources available to him to provide for the payment of alimony, alimony pendente lite, counsel fees and expenses for Plaintiff. WHEREFORE, Petitioner requests your Honorable Court to enter an Order providing her with the payment of alimony, alimony pendente lite, counsel fees and expenses from Defendant. Respectfully submitted, , ''--1-- "-- - P, "~ I verifY that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S. Section 4904, relating to unsworn falsification to authorities. DATE:~ i~< OVft Lf ~ KACI R. BYERS 0 rr:: 1___" _ -~ '1__ "....~, ;I~!fiU!I!J~WHllili~II~~l1!ii,-a,;~....,'~iWl1l;j= .,....,.....-"'-~~_l ~ ',--~- , '- \) Fi1ED-"{)1:,F1CE ,. ''''''")''IAR\1 .; . , i"~' ):\{, I """., " DJ '). 2~ rJlu\"I-j ~11.J',_..... ~'!I,;'r"::!'>,:]" l"i""U"1Y vL,:"J,I_-Lf 1;"'(" ~J..) ....''-' I ~ PENNSYL'l/\NIA ck. -if ?'f 33 ~. 11'7'< '17 "~ ._,1 ~ _ _" ,~ . i ~ ~ $ ~. ~ t r I:F PlaintifflPetitioner AUG 1 4 200l f/Ji IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW KACI R. BYERS, v. TIMOTHY 1. BYERS, : NO. 2000.1321 CIVIL TERM Defendant/Respondent : IN DIVORCE ORDER OF COURT AND RULE TO SHOW CAUSE AND NOW this IfitA day of August, 2001, upon presentation and consideration ofthe within Petition, a Rule is hereby issued upon the Respondent, Timothy J. Byers, to show cause, if any he has, as to why the Court should not Order that the parties' 2001 Dodge Ram pickup truck be retained by Petitioner, Kaci R. Byers, as her sole and exclusive possession pending further Order of Court or agreement of the parties. Rule Returnable at a hearing to be held on ::JAr> ~ ~ . the J. q-t:.1 day of r2u ~ ,2001, at .;z,: J S f2-.m" in Courtroom #3- of the Cumberland County Courthouse, Carlisle, Pennsylvania. Pending the above hearing in this matter, Respondent is ordered and directed to return possession of the 200 I Dodge Ram pickup truck to Petitioner immediately upon service of this Order and Petitioner shall maintain the Patriot Federal Credit Union loan on the vehicle. BY THE COURT, cc: Bradley 1. Griffie, Esquire Attorney for Plaintifj7Petitioner J. Timothy J. Byers, Defendant/Respondent, pro se \I", I , . - "",~",,,-,,-_.~ '- - .k..""fiml'i~_ iliDlill!iIf&;""""-" ~,~~;;;;Jd,~~&c,~~ "..,A..."~~'l!.iJl!!r,jJ'lil:mm1. " "'"~-' ,- '" ....:.~"'-~ 1..~.!:5- Fr-:-Ei)-CY}fGE OF 'j"' Ie' '."' ~/"'}P i01~,.j()TARY 01 ~UG 15 PN 3:46 CliM8E:JluWD COUNTY PENNSYLVANIA ullill " .. 'I I I(- Plaintiffi'Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA KACI R. BYERS, v. : CIVIL ACTION - LAW TIMOTHY 1. BYERS, : NO. 2000-1321 CIVIL TERM Defendant/Respondent : IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW comes Petitioner, Kaci R. Byers, by and through her counsel of record, Bradley 1. Griffie, Esquire, and petitions the Court as follows: 1. Your Petitioner is the above named Plaintiff, an adult individual whose current address is not being disclosed to Respondent because Petitioner has an active Protection from Abuse Order against Respondent. 2. Your Respondent is the above named Defendant, an adult individual currently residing at 1700 Lindsay Lot Road, Shippensburg, Pennsylvania, 17257. 3, The parties herein are engaged in divorce proceedings initiated to the above docketed number on or about March 8, 2000. 4. Following the filing of the above referenced Divorce Complaint, in the latter part of 2000 and the beginning of the year 2001, the parties attempted a reconciliation by cohabiting at their former marital residence of 102 Independence Drive, Shippensburg, Pennsylvania. 5. During their attempts at reconciliation, the parties purchased a 2001 Dodge Ram pickup truck through use of an automobile loan from Patriot Federal Credit Union on which the Petitioner is the primary obligor. 6. In addition to the 2001 Dodge Ram pickup tmck, the parties own a 1996 GrandAm car which was being driven by the Petitioner during the time at issue herein. 7. In spring of 2000, Respondent destroyed the engine of the parties' 1996 GrandAm automobile by putting foreign substances into the gasoline tank, which caused the need for the GrandAm engine to be replaced along with a wide variety of other repairs in order to maintain the GrandAm in an operable condition. 8. Despite the replacement of the 1996 GrandAm engine and a wide variety of other repairs that have been conducted over the past year, the GrandAm is not a reliable vehicle and has caused Petitioner to be stranded on various occasions. 9. Petitioner has a Protection from Abuse Order against Respondent docketed in the Court of Common Pleas of Cumberland County to No. 00-1282 Civil Term, which Protection from Abuse Order was renewed following Respondent's extensive physical abuse of Petitioner in the Spring of 2000. 10. The parties are physically separated and Petitioner has secured a residence out of the Shippensburg, Pennsylvania, area, which residence has not been disclosed to Respondent. , " --1- II. Petitioner is gainfully employed with her place of employment being outside of the Shippensburg, Pennsylvania, area and at a location that has not been disclosed to Respondent. 12. The parties are the natural parents of one child, namely, Hali Rene Byers, born January 29, 1996. 13. The parties' child is in the sole custody of Petitioner and Respondent has not had any contact with the child for several months. 14. Respondent is not gainfully employed, but rather is receiving unemployment compensation and is not actively engaged in seeking permanent employment. 15. In mid-July, Respondent advised Petitioner that he no longer wished to have the 2001 Dodge Ram pickup truck because he was purchasing a new BMW vehicle. 16. Respondent failed to pay the July 2001 automobile loan payment on the 2001 Dodge Ram pickup truck to Patriot Federal Credit Union. 17. In mid-to-Iate-July 2001, Petitioner's 1996 GrandAm again failed to run, leaving her stranded without transportation. 18. Petitioner secured possession of the 2001 Dodge Ram pickup truck in late July and brought the loan payments on the vehicle up to date. 19. On Thursday, August 9, 2001, following a support conference at the Cumberland County Domestic Relations office at which Respondent requested paternity testing .:~ - - for the parties' daughter, Respondent followed Petitioner and her legal counsel to Petitioner's legal counsel's office and removed the 2001 Dodge Ram pickup truck from the private property of Petitioner's counsel. 20. The above conduct occurred following threats made by Respondent to Petitioner to inflict physical harm on the Petitioner using the phrase "if I am going to do the time, I may as well do the crime." 21. Respondent has advised Petitioner that he has canceled the insurance on the 2001 Dodge Ram pickup truck, that he has not renewed the registration on the vehicle and that he is not going to make the loan payments on the vehicle. 22. The 2001 Dodge Ram pickup truck is the only reliable means of transportation for Petitioner to maintain her employment and to be able to transport her child for medical needs, child care needs and the like. 23. Petitioner is the only one of the parties who is gainfully employed and maintaining all of the parties' marital debt. 24. Respondent has a severe drug and alcohol addiction, for which he refuses to seek treatment, which causes Petitioner grave concern that the vehicle in her name, driven by Respondent, may be involved in traffic accidents. 25. Respondent's conduct during the parties' period of attempted reconciliation and immediately after separation caused the parties' marital assets to be exhausted and other assets under Respondent's exclusive control to be exhausted as well. '~n__ 26. Petitioner has no means to secure another vehicle at this time and will be unable to provide for the needs of her child, to maintain her employment, to continue in her payment of the parties' marital debts, and otherwise provide for her and her daughter's necessities without having sole and exclusive use of the 2001 Dodge Ram pickup truck. 27. Respondent already has failed to pay loan payments on the pickup truck, has failed to maintain automobile insurance on the pickup truck, has failed to renew the registration of the pickup truck, and has no need for the truck as he is unemployed and not actively seeking employment at this time. WHEREFORE, Petitioner requests your Honorable Court to enter an Order providing her with exclusive possession of the 2001 Dodge Ram pickup truck and, otherwise, enter a rule to upon the Respondent to show cause, if any he has, as to why the Order should not be maintained allowing Petitioner to retain exclusive possession of the 2001 Dodge Ram pickup truck. Respectfully submitted, ffie, Esquire r PI intifJlPetitioner & A SOCIA TES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 "<-If ,l,~, , ~"" - I" ~ " VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE:~tts-l- Iii. ltl()1 J(~ ;{, ~ KACI R. BYERS ''''c,~ " C-O'''''I :IIi~~~i..O'!!(~it!ii!li!JI:i1iM~~~-ili3iiiili!!:~~!liifiitj;,iiU:~~~~~_Tl ~...t.B~iIiJoi ~'~~~W_ c:: ~IL~~CI .-: L f~1 " (H 't'i:: I:, I,) I I~) .:J ""~r"-_ 'OiTI'~E "'Q'[f1RY ....\t_ ,,: Pi'1 3: lJ? ,^'I"",",'" "~'-UNnv VUj'J;C'::'I~il.../'I\u ''''''U j II I PENNSYLVANIA ^~ " -. -' ~" .~ I~ THE COURT OF COMMON PLE.~ OF ct'MBERL\ND COUNTY, PENNSYLVA.'lL-l. KAr.r R RYFR~1 Plaint; ff Plaintiff v"s. TIMOTHY J. BYERS, Defendant :-TO. nn_1,??1 19 Kaci R. a master Byers ~~th respect to the (X) D~V"orce ( ) Annulment (X) .Uimony Cj(T ' AIilIlonyPendente ~OTION FOR APPODTTI1ENT OF O1ASTIR (Pla~nt~ff) (lIIl!Xl!lIlldlim, following claims: moves the cour~ co appoint Lite ( x) ( ) ( x) ( X) D~str~bu,~on of Property Suppor, Counsel Fees 'Costs and EXpenses and in suppor-c of the 1llot~on states: (1) Discovery is comp,lete as to the claillls(s) for ~h~ch the appoin-cment of a mas-cer is reQuested. (2) The def~ndant (has) (Nil~x>>!II~) appeared in (~x1J:t$;Xilll~1'11DII1(X (3) The staturory ground(s) for divorce Cxi.l<W 23 Pa.C.S.A. ~3301(c) and ~3301(a)(6). (4) Delete the inappl~cable paragraph(s): (a) The act~on is not contested. (b) An agreemen-c has been reached ,..~th respect to the the act~on (personally) ~j/n) . (are) foll~-ng claims: (c) The act~on is contes-ced ~th res~ect :0 the following claims: All of tbe above except divorce. . (5) The act~on (~<<!~Ii) (does not involve) complex issues of law or fact. (6) The hearing is expected to take one (1) (ll!l!~xsX (days). (7) Add:i.tional infonnation, 1.': any. relevant to the !]lotion: NONE. "'''11>//'('-> ~: /lI) ,J -' .oRDER APPOI:~rI!:NG :-!..o\STER . A.'iD :-TOW' ~ /() ,~,)ub( C~ /h/' ~A ) is appointed master with respect to the following claillls: , Esquire, aft.- By ,A'J '...." "." .-",..,.~--" ~---T=,r..-'- . .~ ~ " '~~....-, lii.C"''-<. ~""~M\M*e;w~~ru~- -~h:lillrlld!liiilli!Ht';'.o,j. -lijjL.J..:_~~[. - " (~'; .-..-- L "::-)Ti\rN Ul nCT I I'.Ji 9: IS ('VI H\;L;~:':',I "",>,,', r:(;,,< i~ri\1 I " 1V.Lh~' ,_, ~ '.....2 ...., ~ ,-" .11 PENNS'ILVN,!l!\ {::; r c:; :::::..' 1...-<' :~~:~ ?~ ~':~2~ ~J2- ~l- -;--'-' ~.JLLI ~nc\.- :5 o - Ci._ o '=.. 'c c <--~ '. .-~ , ~" , "" '" ~ Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KACI R. BYERS, v. CIVIL ACTION - LAW TIMOTHY J. BYERS, Defendant : NO. 2000-1321 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 6th day of September, 2001, comes Bradley 1. Griffie, Esquire, Attorney for Plaintiff, and states that a true and attested copy of a Petition for Special Relief and related Order of Court was sent to the Defendant, Timothy J. Byers, 1700 Lindsay Lot Road, Shippensburg, P A 17257, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on August 30, 2001. 1 squire ey n Pia tiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 . Notarial Seal c~:~: iio~h3'an'beNrlOlary Public My C . . urn and County ommlsslDn Expires Aug, 25, 2003 "~'" ~ ~ ,.~ , ..~~ . CO;"P\" e iterns 1, 2,arld 3. Aiso complete item 4 if Restricted Delivery is desired. . Pri~ your name and address on the reverse so that we can-return the card to you. . Attach this card 'to the back of the mail piece, or on the frortl't' if space pennits. 1. Article Addressed to: ~ ' . I /V11cfn~ J- 15':Y-YJ , I1f/O i/vwl)jJ kY/2I?a{;;; 5h'ppt~bvr1j, PA ;1?$1 D. Is ivary dress different from Item 17 If YES, enter delfvery address below: o Agent o Addressee o Yes o Nc .,~ lJ I :5 ~ j;( 'fN'- V 7jO , "3. '~e~ice Type Jlf Certified Mail o Registered o Insured Mail 4. Restricted Delivery? (Extra Fee , 2. Article Number (Copy from selVice fabeQ '1VIJ!/J i (JlJlJ() .li.llZJ;" PS For", 3811, July 1999,J- '';1f~~$<; " 1$90.. 01-<72- Domestic Return Receipt 10259S-00-M-0952 "'-~:':C' ' Certified Fee L.t'J ~eturn Receipt Fee ru (Enabrsement Required) CI Restrjcted Delivery Fee o (Endorsement Required) o o ..n o Total Postage & Fees o o o l'- . , . --',' I~' ,. , I . . ~. ," ~~&~ " 0 0 (? c ~ {..I) ,- ::::"'. -00; [";'1 ~ rntY. 4:l 7-'-- T)i~g Zr CfJ2;:' ~,~) ,l.> 20 -v ~,~J~ k:: ~o ::I: ;i>g ,:3 rn -\ ~ 01 ~ N ::< ., j ~-- _"","d'I'!!'W~'k' GRIFFIE & ASSOCIATES Attorneys and Counselors At Law Bradley L. Griffie, Esquire Marylou Matas, Esquire 200 North BanO\'er Street CtutiIIe, PA 17013 (717) 243-5551 1(800)347-5552 Reply to: CarlIsle 3S Norlh Malo Street a-bersburg, PA 17201 (717) 267-1350 Fo (/17) 243-5063 Robin J. Gosbom LegalAs,lstant December 19, 200 I E. Robert Elicker, II, Esquire Divorce Master's Office 9 North Hanover Street Carlisle, PA 17013 RE: Byers v. Byers No. 00-1321 Dear Mr. Elicker: I am in receipt of your correspondence of December 13,2001. On that correspondence, you forwarded a copy of the document to Mr. Byers at his address of 1700 Lindsay Lot Road, Shippensburg, Pennsylvania. Unfortunately, Mr. Byers recently moved to: Apartment I, 335 Lincoln Way East, Chambersburg, PA. However, he has just advised his wife that he is no longer residing at that residence and is moving between various temporary residences at this point. I have recently forwarded correspondence to him at the Lincoln Way East address with the hope that it reaches him. I suggest that you consider using that address at this time to send the notice to him. Although he has not used an attorney in these proceedings, I anticipate that with this matter coming before the Master, he may attempt to secure counsel. Particularly because of the difficulties that I think we will encounter in getting a copy of your letter of December 13th to him, it may actually be best if we push the filing of the Pre-Trial's back a week or so at this point. I am not making that specific request at this point, but I will leave that to your discretion. Your attention and courtesy is appreciated. BLG/kjl cc: Kaci R. Byers Timothy J. Byers " KACI R. BYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 1321 Civil TIMOTHY J. BYERS, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day od~~, counsel for the Plaintiff, because 7rrz 2002, at the request of of the inability of the Plaintiff to locate and communicate with the Defendant, counsel for Plaintiff and the Plaintiff do not wish to go forward with the Master's proceedings, and, therefore, the appointment of the Master is vacated. BY THE COURT, cc: ~radley L. Griffie Attorney for Plaintiff .J. G COP'J Ma.,led O~'O'l-O" Il.~ Timothy R. Byers (address unknown) Defendant ',-'~ "" - '~,'F"'"'" "e._ , - - "';"'-c. .~"",,oIio,,~ ' . - ,," ~ -'''-,~~, " -- " r j >)\UT/\iiY 02 FEG -6 en /,,: ?6 CUM8L:HU\t\u COUNTY PENNSYLW\Nii\ .' -, I.: f' '" -~f I' -1- ~ I , KACI R. BYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. TIMOTHY J. BYERS, Defendant CIVIL ACTION - LAW : NO. 2000-1321 CIVIL TERM : IN DIVORCE ORDER OF COURT AND NOW, this 12th day of December, 2001, following a hearing on Petitioner's Petition for Special Relief, it is hereby ORDERED AND DIRECTED: 1. The parties' jointly owned 2001 Dodge Ram pickup truck is and shall remain in Petitioner's exclusive possession from this day until further Order of Court; 2. Any third parties presently in possession of the said vehicle shall not release the vehicle to Respondent, Timothy J. Byers, or anyone on his behalf, but shall release the vehicle solely to Petitioner, Kaci R. Byers; 3. Upon issuance of any insurance proceeds for payment of repairs to the aforesaid vehicle, the check shall be delivered to Petitioner, after which Respondent sha\l endorse said check, if necessary, to Petitioner; 4. Petitioner shall then make an-angements for the repair of the aforesaid vehicle with the insurance proceeds check; 5. Within ten (10) days of this Order of Court, Respondent shall reimburse Petitioner for all payments made by Petitioner to Patriot Federal Credit Union toward the loan on the aforesaid vehicle, including, but not limited to, the payment made by Petitioner in July 2001 and for the current delinquencies on the said loan; '-'~~'IItI~ , , '. 6. Petitioner is authorized to locate or secure a third party purchaser for the said vehicle for purchase of the vehicle at a price that will provide sufficient proceeds to pay the loan on the vehicle due and owing to Patriot Federal Credit Union in full; 7. Should Petitioner secure a third party purchaser as suggested in paragraph 6 herein, Respondent shall execute any arid all necessary documents to provide for the transfer of the said vehicle to the third party purchaser in a timely fashion, 8. Rellpslltl~Rt oRlHl eSB'ljlen3llte Petitiooc, ' ~ l\,e.d C.OllftSel, Gfiffi<. &. Ao.ociats&; 71w. '" "'~"CJ' &4"" c... ,,?ler -Hw.. 1M S'JIR sf FP.'E IfJNBlUm MID XXl1ge (!$399.QQ) D9U '\RS .lithin ~ (l~ days sf tbia Qr<jJV fer attorney's fees incurred by Petitioner in this matter. BY THE COURT, . At!- A. HESS, Judge -f,]f ~,' '"l " ._^~ , _~.w~, ~ .,_~,:'~(f,"'~'~"'I!*~!'i!'ffl!~ nl'!:.~ JJ~_.JI! .-. , (;J ~'-.. -0 ~ 'I-> "<~- '-.. ) -v V rJ' \!? () ~ h '-.. r ~/ J...., ri-f' o '!? .3 dt ~t ~ Z ~ r ''''''. ",. , """" ~, "'~" .u ",~~'~ ... 0 ,"", ~,- ~~ ,'~ '0 ~0 rn L,~': -:-) 7 '- ~'/ , .<'-~ 0-:, 1",-) ~-<: - ~ t::.~ '--,-, ~~ C~ ~, -".- '- c: p- C~: 1"-.) -:;.~ -, :.11 -< f 0 Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA KACI R. BYERS, v. : CIVIL ACTION - LAW TIMOTHY J. BYERS, Defendant : NO. 2000-1321 CIVIL TERM : IN DIVORCE NOTICE If you wish to deny any of the statements set forth in the attached affidavit, you must file a counter-affidavit within twenty days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER ~3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or before March 8, 2000, and have continued to live separate and apart since that time. 2, The marriage is irretrievable broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verifY that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: :3IJo! O~ ~;f~ KACI R. BYERS, Plaintif I,' ...-.~ " I ~ r ill , \ ~" , -_...~. -, .-, - ~ 'C _ '. "",',,"' nl!lIl~ll!lI!IiPl!II'\\f\f'_ _ ..il~~lli1!1~.. ~, '," . , f:~rt ~;:i""" I~:~!/ ,'~, ::,.(- ~:~C) - ,~. :::::~~ / --.'::1 ~ ..~ (') C) ,~;:' ;",) __v_ -,,--,- ."-~~~,~ ~~.~- .. '-." _J ;',) c"; ~'.'---. -,::, .:>,~ ~~- -,~ :.,,) u; ~~~.:: :< ~..,..~ ,!"""II!~I KACI R. BYERS, Plaintiff/Petitioner MAR 0 4 2003 \f0( IN THE COURT OF COMMON PLEAS OF '" CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW TIMOTHY J. BYERS, Defendant/Respondent : NO, 2000-1321 CIVIL TERM : IN DIVORCE ORDER OF COURT /~ AND NOW this '" day of /?7 a.......A , 2003, upon presentation and consideration of the within Petition to make Rule Absolute, it is hereby ORDERED and DECREED as follows: I. Defendant/Respondent, Timothy R, Byers, is hereby found in contempt of the Court's Order of December 12, 2001; 2. Defendant/Respondent shall submit to a voluntary wage attachment or garnishment for purposes of paying the sum of $10,115.30, to Plaintiff/Petitioner; 3. In the event Defendant/Respondent fails to submit to a voluntary wage attachment or ganlishment, the Cumberland County Domestic Relations Office shall enforce this Order through wage attachment against Defendant/Respondent for the sum of at least THREE HUNDRED AND XX/IOO ($300,00) DOLLARS per month; and 4. Respondent shall pay to Petitioner's counsel, Griffie and Associates, the sum of $500.00 toward Petitioner's attorney's fees. BY THE COURT, - /Jd Cc: Bradley 1. Griffie, Esquire Attorney for PlaintifjlPetitioner Timothy J. Byers, Defendant/Respondent, pro se ~ ~ .3~?-O.3 CJ-. ~ - ,.,.. ~--~- ~. ~- ""'!.;.; '-MJiIIilIi .+. ..,"" <~m~~f~i~~io!!~~ , I ,,~C ,.; , ~. - <.l Or r:;;ll.F.D-.Oj-:fICE :: :~:~r'T ~.:).:nT!\,RY '<.' . - . - ()3 ~1H~ -5 PI'I 4: 23 cu. ,'v' ", ,', " ','q ""TY iVlctrl\...h:\U tjJU1'l1 PENNSYLVANIA , ~< KACI R. BYERS, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW TIMOTHY 1. BYERS, Defendant/Respondent : NO. 2000-1321 CIVIL TERM : IN DIVORCE PETITION TO MAKE RULE ABSOLUTE AND NOW comes Petitioner, Kaci R. Byers, by and through her counsel of record, Bradley 1. Griffie, Esquire, and the law firm of Griffie and Associates, and petitions the Court as follows: I. Your Petitioner filed a Petition for Contempt in the above captioned action on December 20, 2002, which resulted in the entry of an Order of Court and Rule to Show Cause, a copy of which Petition and Order is attached herein and incorporated herein by reference as Exhibit "A." 2. Pursuant to the Court's Order of December 30, 2002, a copy of the Petition for Contempt and resulting Order of Court was forwarded by first class mail, postage prepaid to Respondent at his last known address of P.O. Box 104, Mahaffey, Pennsylvania. 3. The aforementioned address is the last known address available to Petitioner for Respondent and further is the address then used and currently used by the Cumberland County Domestic Relations Office for Respondent. 4. Although not required, Petitioner forwarded a copy of the Order and Petition by certified mail, restricted delivery, which was returned after it was unclaimed by -~-~ Respondent following three notices to Respondent by the United States Postal Service, a copy of the front of the said certified mail envelope being attached hereto and incorporated herein by reference as Exhibit "B." 5. The aforementioned Order provided that a hearing would be held on February 24, 2003, at 11: 15 a,m, in Courtroom #4 of the Cumberland County Courthouse only if Respondent filed an Answer to the Petition. 6. No answer to the Petition was filed within the twenty (20) day time frame nor prior to the date and time aforementioned herein. 7. Pursuant to the terms of the Order, failure to file an Answer permits Petitioner to make the Rule absolute, 8, Petitioner in her prayer for relief in the Rule to Show Cause requested: a.) That Respondent be found in contempt of the Court's Order of December 12, 2001; b.) That Respondent be obligated to pay the sum of $10,151.00 to Petitioner by wage attachment or garnishment; and c.) That Respondent be obligated to pay the sum of $500,00 in attorney's fees to Petitioner's counseL 9. Petitioner has complied with all of the terms of the Court's Order and Respondent has failed to reply, thus affording her the right to have her Rule made absolute. :0\u...-' , I ~ ,"" , ' WHEREFORE, Petitioner requests your Honorable Court to make the aforementioned Rule absolute, thereby entering the recommended Order attached hereto. Respectfully submitted, riffi ,Esquire for PlaintifPPetitioner GRI FIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 Ie" ~ ,~ VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE:~,),Io( b3 """I. ~, , ~~ KACI R. BYERS, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW TIMOTHY 1. BYERS, Defendant/Respondent : NO, 2000-1321 CIVIL TERM : IN DIVORCE ORDER OF COURT AND NOW this .s 0 ~y of ~ , 2002, upon presentation and consideration of the within Petition, it is ORDERED AND DECREED that: 1. A Rule is issued upon the Defendant/Respondent to show cause why the Defendant/Petitioner is not entitled to the relief requested; 2, The Defendant/Respondent shall file an Answer to the Petition within twenty (20) days of service upon the Defendant/Respondent; 3. This Petition shall be decided underPa. RC.P. No, 206.7; 4. Anv.Videntiar.s, hearing on the disputed issues of material fact shall be held on 02. ~ 'i / co '.:1-- 2002, at /1: 1,)- L.m. in Courtroom #.!i of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, only in the event D'efendant/Respondent files written Answer within twenty (20) days of service by first class mail, postage prepaid to Defendant/Respondent's last known address. If no such answer is filed, the Rule may be absolute; and 5. Notice of entry of this Order shall be provided to all parties by Petitioner. BY THE COURT, / '1 /( p t..oc.... . /'? F-l,. '-.-4 J. Cc: Bradley L. GTiffie, Esquire Attorney for Plaintijj7Petitioner C"_"'("~ -I Timothy 1. Byers, Defendant/Respondent,pro se !" R,ajE C:(}?'t' rH,C~J\ FtEG-Ofm , . ''Ii V' ,:",,,..v.'Y" "S'"j: W.i\i~t"!:'€'it# t \1Pit't'J 1;01Nt{} ~i 011'1 ttj,.;:nij Hi f~'I\':"!:r~,llV!:,t:.., '\J___""'-":""'?-.;~ ':;'4'''' ~'-"'i'il(,"~~." c,..;-" ""-<i" "~ ',,-:~~~':if, {'~ C';;J~jl; 1!. 0"t 'i.>~~ \ .vlll~h Ir~_, ."~~.~ ,,';~ ",'I;jJ,~_ .J~ - '; t,., :,..,"" "1" ~,f.? ~ ~<, ~.:23 {,~<"~_L.,:,-~, "" , . '&.-r~ t>r('t,~1onvt:~nl EXHIBIT "A" ~_" .........,=_. " u ,~~.~_ ~ , ~ ~."_i KACIR, BYERS, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW r~ ~~> :'"''" -1-" ...~ <-:::.~! -'"~ L> ,--. ::.;.;:(./ \.(? :-",-' AND NOW comes Petitioner, Kaci R, Byers, by and through her counsel :ID re~.9rd, i' --1' .......! _:::. - -J -<~ PETITION FOR CONTEMPT o s; ;.?\ ~:<. 'i~c ~~-~ C~j r'...:.; c-::J !"q ;:-'J "'0 (~ TIMOTHY J. BYERS, Defendant/Respondent : NO. 2000-1321 CIVIL TERM : IN DIVORCE ~:~~ "..~ Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates, and petitions the Court as follows: 1. Your Petitioner, Kaci R. Byers, is an adult individual and the above named Plaintiff in the above captioned divorce action, 2. Your Respondent, Timothy J. Byers, is an adult individual and the above named Defendant in the above captioned divorce action currently resides at a residence with a mailing address ofP.O. Box 104 Mahaffey, PA 15757. 3. The parties are subject to an Order of Court dated December 12, 2001, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A." 4, Paragraph 5 of the aforesaid Order provided: Within ten (10) days of this Order of Court, Respondent shall reimburse Petitioner for all payments made by Petitioner to Patriot Federal Credit Union toward the loan~n the aforesaid vehicle, including, but not limited to, the payment made by Petitioner in July 2001 and for the current delinquencies on the said loan; -"_""d'~""""'_"l!i"'" ~"-,,~ .~ - 5, Since the entry of the December 12, 2001, Order, Petitioner has paid to the Patriot Federal Credit Union on account of the loan on the aforesaid vehicle the sum of $10,115.30. 6, Respondent has been repeatedly Tequested to make payment on the above referenced amount as per the terms of the Order of December 12, 2001, but Respondent has failed and refused to make payment as required. 7, Respondent has paid the total sum of $50,00 on account of the aforesaid debt. 8. Petitioner believes and, therefore, avers that Respondent will not comply with the tenus of the Court Order, as he has not for approximately eleven months, without further enforcement by the Court, including wage attachment, if possible. 9. Respondent, by his conduct as aforesaid, is in contempt of the Court's Order of December 12, 200 I. 10. Petitioner has been required to incur additional attorney's fees associated with enforcement of the Court's Order of December 12, 2001, for which Respondent should be responsible due to his contempt. WHEREFORE, Petitioner requests your Honorable Court to enter a rule to show cause upon Respondent as to: 1. why Respondent should not be found in contempt of the Court's Order of December 12,2001; l"{~""",,,",~'l7 ~I ~, ~ " - ~^ 2, why Respondent should not be required to submit to wage attachment or gamislmlent of his wages for purposes of paying the sum of$10,l15JO to the Petitioner; 3, why Respondent should not be obligated to pay counsel fees associated with the within Contempt proceedings in an amount of$500.00; and 4. why the Court should not Order such other just and appropriate relief. Respectfully submitted, ffie, Esquire orne] r Plaintifj1Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 ;,~..."..,-?~",~ ~ ~,-~. ,Ilfl' ,,~ .." ~it VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S, Section 4904, relating to unsworn falsifications to authorities, DATE: IIlq)oa.. i~ 11 iU ' KACI R. BYERS, P , intiIDPetitioner ",-",--,""";;'",,~ ~"=",,,,,.,.,-,,,,," ~- ~~, ~" - ,~ ". .- , ~= ~ ,J:j]I,;W KAel R. BYERS, Plaintiff : IN THE COlJRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA vs, TIMOTHY J, BYERS, Defendant CIVIL ACTION - LAW : NO. 2000-1321 CIVIL TERM : IN DIVORCE ORDER OF COURT AND NOW, this 12th day of December, 2001, following a hearing on Petitioner's Petition for Special Relief; it is hereby ORDERED AND DIRECTED: I. The parties' jointly owned 2001 Dodge Ram pickup truck is and shall remain in Petitioner's exclusive possession from this day until further Order of Court; 2, Any third parties presently in possession of the said vehicle shall not release the vehicle to Respondent, Timothy J. Byers, or anyone on his behalf, but shall reiease the vehicle solely to Petitioner, Kaci R. Byers; 3, Upon issuance of any insurance proceeds for payment of repairs t6 the aforesaid vehicle, the check shall be delivered to Petitioner, after which Respondent shall endorse said check., if necessary, to Petitioner; 4. Petitioner shall then make arrangements for the repair of the aforesaid vehicle with the insurance proceeds check; 5, Within ten (10) days of this Order of Court, Respondent shall reimburse Petitioner for all payments made by Petitioner to Patriot Federal Credit Union toward the loan on the aforesaid vehicle, including, but not limited to, the payment made by Petitioner in July 2001 and for the current delinquencies on the said loan; Et:,XHlBIT nAil --^';~y,"1!'w^,,-,.'"t\<r",;""'1,i -~".,.. ~ I" ,-,~, ""~~ ~.. .~ ~~ ~" " -- 1 -~ -, ",,_. ,"'l$a: 6, Petitioner is authorized to locate or secure a third party purchaser for the said vehicle for purchase of the vehicle at a price that will provide sufficient proceeds to pay the loan on the vehicle due and owing to Patriot Federal Credit Union in full; 7. Should Petitioner secure a third party purchaser as suggested in paragraph 6 herein, Responden~ shall execute any and all necessary documents to provide for the transfer of the said vehicle to the third party purchaser in a timely fashion. 8, R~:sreI.dmt,1la!I \AJlnpGI1",l", FGtiti"n",' s lGgal ootlnsd, Criffif & />:3~atcs, ---rt..r=...- m'<>..<<c./'~ sf...'a.Ll CO..xtt:ls/c--~ t:hc ~u.I>1 uf FIVr; nUNlJRtlJ AND XXI lOU (:l>)UU.UU) lJuLLARS w;thin tl.;.dy (JB) days of !:hi, Older fm attorney's fees incurred by Petitioner in this matter. BY THE COURT, IifD/'k(;~ ,(p ~/.k~ ) A. HESS, Judge TfU 00II"f FftOM flS)OfC "'loA."i~..I"~~"!.~ ............ ~_. ~ ()i~P:,:::1::;~;V- '';j;,'l',,"',,"''''''fl,"''I"'__ ." '"" .....111 'T ' ~.. ~. - '-' I ~~~~ - -,-.' r i I I \ ~n ~Jt~a i l' ~tl~, ~ ~ t~ '''' .,.'- :.-. 00"- ~f'.,~ c ~'i'.uINno.:~ ;: .] 01'- ;: """f"'" NI'fIl./'l -ll "-0'" ;1 ";!Ii~ Ill:;: Ql:5 +-If- Cl:l<( ._~ (,J'" oS CIJ:>: ClJZ <(6 u ~~ <( Ql~ .-> _w _z .-'" ~i2 <..?'.< ~ ;-~ ~O ~ ~ '" ~ tri:! "'z ~<( >> o~ z> <(~ IZ Iii; ;-~ '" - o~ zV: 0::0 0'" N<( U (fj ~ f'j ~ l:; ';",..~~lil ~~v = ~ .;5 t;~ ~ ~ =~~5!Q " ~~~~~ C:::'::CC'wSl: C11-LL1...1l:l: <Ol:C:a::lCl t-z:eccl.l.. ffiQaffie -w....==- ~....::c:::::iLI.I U::e;C',.)wC;:: LL.O:;;;::)Q~ ::)LL1(1)I-Z ;I=CJO~ -cCzz. DODD ,,\ ('1\ ~'\ "~ '(~ ~ \ , ,'^ -5'-.., I \ - o m "" "" =t- o- ...0 =t- ru CJ o o '" c< '" >< '" r-- "' r-- "' ..; .,: -<to< o "..; . >< >< '" :r: >< "'"' ""0",", O~< >::: :r: HO,," ,...0<>::: o m lJ1 H o o o f'- e~ ~i)..\ ~~ ~'B ~ EXHIBIT "B" "- (5 . ,~ "" ~_T"""'" , '> ,,~ -~ "I'" ~...~'"-""," .,-, .""",."" _..~a () c: > ll,-:Oc: g][:1 ~,1'~-: 5f...._~ :;;.::.(~' >\__J c .2:: -... -< ~M":"~~">I!lI1I'f~ ., :::> ':';:' ""...."""~ =".""'.~,~ ,,-, Wh- '"-'__'~_' ,F ,- z:~~; o -n -!r'> ~- .... :~j;J f L_~'t ::;::1 i' .1j}} ~ErE] (., " J~ .:::-;.'1 ~e--! ::0 -:: ~~ :::J;;;: w JjlJl~ """"'""l ~'I!l