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Home My WebLink About00-02643 - '- ~ - l.....b" ''"''''' '" /' CLOYD C. MYERS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION LAW VS. NO. 00 - 2643 CIVIL 19 MARSHA A. MYERS IN DIVORCE Defendant STATUS SHEET ------ L 1f~./~ , -' ~~ ~ ,-," ~.L ,,,- " .,. CLOYD C. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 2643 CIVIL MARSHA A. MYERS, Defendant IN DIVORCE TO: Wayne F. Shade Attorney for Plaintiff Diane M. Dils Attorney for Defendant DATE: Friday, May 10, 2002 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. - ." , . ,"., '-"-0 .....'"".. .. '" (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. ~~'" ~k.~',~^'_, '~li!r "~, ~~. ~ ..~ I-.-JJ""',,,,; ---,' ......... CLOYD C. MYERS, Plaintiff Vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. 00-2643 Civil Term MARSHA A. MYERS, Defendant IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw all claims on behalf of Marsha A. Myers, the Defendant, in the above captioned divorce action including equitable distribution, alimony pendente lite, alimony, counsel fees, costs and expenses. Respectfully submitted, cfj/.tP BY ~1fIlJ Diane M. Dils, squire 1017 North Front Street Harrisburg, P A 171 02 (717) 232-9724 J.D. No. 71873 ~~ ""' ~ ~:!'.J!MN - - '''' CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Praecipe has been served upon the following individual by first class United States Mail, Postage Prepaid, by depositing the same at the Post Office at Harrisburg, Pennsylvania on this 11th day of February, 2003, addressed as follows: Wayne F. Shade, Esquire S3 West Pomfret Street Carlisle, Pa. 17013 Respectfully submitted, BY: iane . D Is, Esquire 1017 North Front Street Harrisburg, P A 171 02 (717) 232-9724 I.D. No. 71873 ~i!M$fim~ti<iliJi.'dj;ii1l"-\lit>2!:":;::;;li""";i","!!;;!lil,W<dJ!~Ji"',,\liStf"'!~t"-;'~:-i_!<,",,;:'"h"';'o:'';';:'_'",",ik'%;:b<..o.ill''-".Mi~j~\lI-'''~l!IiIiWal[irtlli''-'--''-''~~.i~~i!~"l!Ili~Iil!~~~~"""'''''' (") C <,~,. "0'-- rn~? .-.,.! , ..:::.. ~--; 2::r' (!) -< r:::: 5?C.' Zc 5';"'" ~- :;.-~: -( '.' ,L ,. ",,~ -- ,,~ """',~-".. <- ~~'IIIIiflIIjjiJi,;' C) GJ .." r:-, co o "r, r"0 r,.';~.i ~-::r{~) ~~~ ;'".~fT1 u .::;:;:~ :rJ -< =" r:? N r'0 Ll: "jc CLOYD C. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. No. 00-2643 Civil MARSHA A. MYERS, Defendant CIVIL ACTION ~TICE TO PLEAD TO: Cloyd C. Myers, Defendant c/o Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, Pa. 17013 You are hereby notified to plead to the within Counterclaim within twenty (20) days after date of service hereof. Respectfully submitted, , BY: Dian . Ru . h, Esquire 1017 North ront Street Harrisburg, P A 17102 (717) 232-9724 LD. No. 71873 Date: May 11, 2000 " ,-" ' CLOYD C. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 00-2643 Civil MARSHA A. MYERS, Defendant IN DIVORCE ANSWER TO COMPLAINT IN DIVO:aCE WITH COUNTERCLAIM AND NOW, this Day of May, 2000, comes Marsha A. Myers, by her attorney, Diane M. Rupich, Esquire, and respectfully avers the following: 1. Paragraph one (1) is admitted. 2. Paragraph two (2) is admitted. 3. Paragraph three (3) is admitted. 4. Paragraph four (4) is admitted. " ,.~ -. 5. Paragraph five (5) is admitted, in that it is admitted that the parties are currently living separate and apart, due to the Plaintiff's threats and ejectment of Defendant from the residence. 6. Paragraph six (6) is admitted in part and denied in part. It is admitted that the marriage is irretrievably broken; however, it is specifically denied that the Plaintiff is the innocent and injured spouse, or that Defendant has offered such indignities to the Plaintiff, so as to render his condition intolerable and life burdensome. To the contrary, it is averred that the Plaintiff has offered such indignities to the Defendant, in the injured and innocent spouse, so as to render her condition intolerable and life burdensome. 7. Paragraph seven (7) is denied; it is denied that there were no prior actions for divorce or annulment. It is averred to the contrary, that there was at least one prior action for divorce filed by the Defendant against the Plaintiff, which has been purged and/or withdrawn. -2- "--, , _.- ,- . -~""'- l Lid 8. Paragraph eight (8) is admitted. 9. Paragraph nine (9) is admitted, as to the parties' mental capacity. 10. Paragraph ten (10) is admitted. 11. Paragraph eleven (11) is admitted. 12. Paragraph twelve (12) is admitted. WHEREFORE, Defendant respectfully requests a Decree in Divorce be issued on the grounds of irretrievably broken, and that Plaintiff's request for a Decree on the grounds of indignities be denied. COUNTERCLAIM REQIlEST FOR EQUITABLE DISTRIBUTION 13. Defendant respectfully requests that Plaintiff's pension/401K be equitably -3- ~''l.l_r'': distributed by your Honorable Court. 14. Defendant respectfully requests that the appreciation in the real estate located at 1116 Karen Drive, Carlisle, Pennsylvania be equitably distributed by your Honorable Court. 15. Defendant respectfully requests that all bank accounts, household furnishings, personal property and all other marital assets be equitably distributed by your Honorable Court. 16. Defendant respectfully requests that PlaintifIbe required to disclose all assets and values of the same. WHEREFORE, Defendant, Marsha A. Myers, respectfully requests your Honorable Court to equitably distribute all marital assets of the parties. -4- - ,--, '-,c 2 CI,AIM FOR ALlMON\' PENIlENTE LITE, ALIMONY, COUNSEL FEES, COSTS AND EXPENSES 17. Defendant has not been employed since the parties married in 1994. 18. Plaintiff has supported the Defendant fully since the parties married in 1994. 19. Defendant is medically unable to work at this time. 20. Defendant is unable to support herself during the pendency of this action and thereafter, and is in need of alimony pendente lite and alimony. 21. Plaintiff has been employed through the marriage, until January of 2000, at which time, he retired. 22. Plaintiff coerced Defendant, through trickery and threats, to execute a waiver of -5- her rights to Plaintiff's pension, telling her that she may remain in the home if she signs said Waiver. 23. In fear of being placed into the streets, Defendant executed the waiver; however, immediately thereafter, Defendant wrongfully ejected Plaintiff from the residence where the parties have resided as husband and wife since 1994. 24. Plaintiff now receives his full pension benefits, and social security. 25. Defendant is in dire need of financial assistance. 26. Plaintiff is financially able to pay Defendant alimony pendente lite at this time, and alimony upon conclusion of the divorce action. 27. Defendant is unable to pay the costs and counsel fees incidental with this divorce action. -6- ",-- > .. ~" , 1~>' ~ 28. Plaintiff is able to pay Defendant's costs and counsel fees incidental with the divorce action. WHEREFORE, Defendant respectfully requests your Honorable Court to Order Plaintiff to pay to Defendant alimony pendente lite, alimony, counsel fees, costs and expenses, incidental with this divorce action. Respectfully submitted, Diane M/Rupic, squire 10 17 North Fr Street Hanisburg,Pa.17l02 (717) 232-9724 I.D. No. 71873 -7- ~-'--. 1114 " VERIFICATION I verify that the statements made in this Answer and Counterclaim are true and correct. I understand that tube statements herein arc made subject to the penalties of 18 Pa, C.S. Se\:tioll 4')04 rdating to unsworn falslli\:ation to authorities. qJJ~J/.2t4L 71. YJ1?r /K2 Marsha A. Myers Date: 5'-- II -o?? <" 'lJ~lJ} I, Diane M. Rupich, Esquire, hereby certify that a true and correct copy of the within Answer and Counterclaim has been served upon the following individual by first class, United States mail, postage prepaid, by depositing a copy of same at the post office in Harrisburg, Pennsylvania on the day of May, 2000 addressed as follows: Wayne F. Shade,Esquire 53 West Pomfret Street Carlisle, Pa. 17013 Respectfully submitted, BY: Date: May ,2000 " WAYNEF.SHADE Attorney at Law 53 West Pomftet Street Carlisle, Pennsylvania 17013 ~..~ " ~~IifrMt" " CLOYD C. MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO. OO-~t.."J CIVIL TERM MARSHA A. MYERS, Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose'money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown ofthe marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE. CARLISLE. PENNSYLVANIA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue . Carlisle, Pennsylvania 170 i 3 Telephone: 717-249-3166 ~~~ Wayne . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SllADE Attorney at U\w 53 West Pomfret Street Carlisle, Pennsylvania 17013 ',~ ~~i CLOYD C. MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : ,t-l0. 00- J. '-'l3 CIVIL TERM MARSHA A. MYERS, Defendant : IN DIVORCE COMPLAINT DIVORCE 1. Plaintiff in this Action in Divorce is CLOYD C. MYERS, an adult individual who resides at 1116 Karen Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is MARSHA A. MYERS, an adult individual and citizen of the United States of America who resides at 14 Caravan Court, Middletown, Dauphin County, Pennsylvania 17057. 3. Plaintiff has been a bona fide resident of Cumberland County, Pennsylvania, for more than six months previously to the filing of this Complaint and continuing to the commencement of this Action in Divorce. 4. Plaintiff and Defendant were lawfully joined in marriage on February 10, 1994, in Royalton, Pennsylvania. " WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 =~~ -~ 5. The parties have been living separate and apart since April 19, 2000. 6. Plaintiff avers as the grounds on which this action is based that Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render the condition of Plaintiff intolerable and the life of Plaintiff burdensome. In the alternative, Plaintiff avers as the grounds on which this action is based that the marriage '. of the parties is irretrievably broken. 7. There have been no prior actions for divorce or annulment of this marriage in Pennsylvania or in any other jurisdiction. 8. This Action in Divorce is not collusive. 9. Both parties to this Action in Divorce are legally capable of managing their own concerns. , 10. Defendant herein is not a member of the armed forces of the United States of America. -2- WAYNEF. SlIADE Attorney at l.aw 53 West Pomfret Street Carlisle, Pennsylvania 17013 111~. ~~~..,"'~ 11. There were no children born to this marriage. 12. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff demands judgment dissolving the marriage between the parties. wa~~:.C~ Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff " " -3- l' WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle. Pennsylvania 17013 ., , .;..........~Jiinl~-" " I veritY that the statements made in this pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: May 1, 2000 C~y~s r Co " liJWIfliiliilil.iIilJllIlUllllililMlllH!li!,tlllM""""'.~WiiH.I:illiWi"inlli,~~_.<l!,""",._~""""~,"",,,,JO~~ri:t_~~JBilI;!lilliI:g' !i!Ill"~ .J }J uQ ........ "" '&9. ~ ~ .~ & & ~ I I (J ~f9 ~i- ~ /0 (J (:I::. 0" It:- -() -<::: ~ "I "n- n~! i':: ;S~~- 61\ --< : ~--~ ~C:-' ~~~ ~ ~ ~< (') C .~ ..lllliiiiw......... ~,; :1 . " (~ c:; - J~ "-,' ::,:;! ~"J:~ -, -,"' ::...) f"":' " - .. ; ~ " ' ~-' - - , '''"-1' WAYNEF. SHADE ATTORNEY AT LAW 53 WEST POMFRET STREET CARL[SLE, PENNSYLVANIA [70[3 (717) 243-0220 (800) 243-0220 FAX (717) 249-0017 January 29,2003 E. Robert Elicker, II, Esquire Office of the Divorce Master 9 North Hanover Street Carlisle, Pennsylvania 17013 Re: Cloyd C. Myers v. Marsha A. Myers No. 00-2643 Civil Term Dear Mr. Elicker: Enclosed are two photocopies of the Postmarital Agreement in the above matter. As soon as your appointment has been vacated, we will be voluntarily discontinuing the case. Thank you again for your generous assistance in enabling us to resolve another potentially tedious case. Very truly yours, $re- Wayne F. Shade WFS/cjt Enclosures cc: Diane M. Dils, Esquire e I.....~ou<l.,..~'.-, WAYNEF. SHADE ATIORNEY AT LAW 53 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013 (717) 243-0220 (800) 243-0220 FAX (717)249-0017 December 17,2002 FACSIMILE TO 233-2567 Diane M. Dils, Esquire Dils & Dils 1017 North Front Street Harrisburg, Pennsylvania 17102 Re: Cloyd C. Myers v. Marsha A. Myers No. 00-2643 Civil Term Dear Diane: Thank you very much for your letter ofDel,:emberI2, 2002. Cloyd indicates that Marsha is living at the home of her father, Earl Mundorf, at 950 North River Road, Halifax, Pennsylvania 17032. The telephone number is 896-3519. While we are not insensitive to the difficulties presented to your office through the difficulties that are presented by the difficulties in communicating with your client, we .'_, --" ,J' ,.I would hope that you would appreciate the unnecessary hardship on this 68 year old retired person in being required to pay $625 a month in spousal support where his wife seems to be making no effort to bring the case to a conclusion. Therefore, by copy of this letter to the Master, we are asking him to issue a directive for the filing of Pre- Trial Statements purSuant to the Motion for Appointment of Master which we filed back in May. Very truly yours, @~E'"~ Wayne F. Shade WFS/cjt cc: Mr. Cloyd C. Myers E. Robert Elicker, II, Esquire ~~ -,' '"~"~~~~y,.,~~~, WAYNEF.SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 . ~-"",~j ,~~"~~" , "~. "_""",,-..~~;k~ft.;.: "J" c.' ,_'ol,;ilY......i,~..,,,; . "~.,"_~'"'_. ~ ~'. ~"'"~,~..'~ CLOYD C. MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO. 00-2643 CIVIL TERM MARSHA A. MYERS, Defendant : IN DIVORCE AFFIDAVIT OF SERVICE WAYNE F. SHADE, ESQUIRE, certifies that he is counsel for Plaintiff in the above-captioned matter, that he did, on May 1,2000, serve the Complaint in Divorce in the above-captioned matter upon Defendant by certified United States mail, postage prepaid, return receipt requested, addressee only, and that the same was received by Defendant on May 8, 2000, as evidenced by the return receipt card attached hereto bearing Certified No. Z 013 349 175. It is understood that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: May 9, 2000 tV~ /!'~ Wayne F. Shade -. 1liIIIii"'~iIIil~~ ~",,",-L".', >lO~~~l/lii.m!l~~ , ~~~.......'~ Z 013 34'1 175 us Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail ISee ",velSel lra'io Mvers arsha A. freel & Number 4 Caravan Court ~~Stale, & ZIP Code 17057 ~ etown, PA Postage $ .77 Certified Fee 1. 40 Special Delivery Fee Reslrided Delivery Fee 2.75 Return Receipt Showing to 1. 25 Whom & O.t. Dellvared Relum ReceipI Showirg to Whom, - OaIe,&!ddressee'sAddlOss TOTAL Postage & Fees $ 6.17 Postmark or Date May 1, 2000 '" Ol Ol ~ 'C ~ o o CD ... E ~ Ul Q. ~' <;; SENDER: " . Complete items 1 and/or 2 for additional services. "ijj . Complete items 3, 4a, and 4b. ~ . Print your name and address on the reverse of this form so that we can return this Cii card to you. > . Attach this form to the front of the mailpiece, or on the back if space does not l! permit. CD . Write "Return Receipt Requested" on the mailpiece below the article number. .c . The Return Receipt will show to whom the article w~.sielivered and the date .... delivered. c o 'C " 'iil Q. E 8 .; " 'i: " Ul a 'w " " a: c 5 IKI Certified ~ o Insured g' D COD .~ ~ ,g Consult postmaster for fee. 4a. Article Number Z 013 349 175 3. Article Addressed to: Ms. Marsha A. Myers 14 Caravan Court Middletown, PA 17057 4b. Service Type D Registered D Express Mail D Return Receipt for Merchandise 7. Date eHv ry c(} 8. Addressee's Address (Only if requested and fee is paid) 5. Received By: (Print Name) \, ure: (Addressee or Agent) 3811, December 1994 102595-98-.-0229 Domestic Return Fieceipt ~-".''''' ~ - ~ ~ .m. ," (") s: o C.? :;: ,,= ~=< N s:-- ~ o >- -" c .. .<:: .... ~, "~' ~~ C) --n ....; "1:--\1 ,---;-Ip '~'11-n :1)0 ,_c. L :::'jC', (5:8 "".0 /..-rn ~ 55 '"< ?? - (;::l " ~ WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ~ ., - l .1, _ "-,,, -, ., ~ -0- """","i. * .:," MAY 0 2 2002 ~ CLOYD C. MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO. 00-2643 CIVIL TERM MARSHA A. MYERS, Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff CLOYD C. MYERS moves the Court to appoint a Master with respect to the following claims: Divorce Alimony Costs and Expenses Distribution of Property Counsel fees and in support of the motion states: I. Discovery is complete as to the claims for which the appointment of a Master is requested. 2. Defendant has appeared in this action by her attorney, Diane M. Dils, Esquire. 3. The statutory ground for divorce is 23 Pa.C.S. ~330I(D), in that ~5 of the verified Complaint avers that the parties have been living separate and apart since April 19 , 2000, and ~6 of the verified Complaint avers that the marriage is irretrievably broken. Both ofthose allegations are admitted by Defendant in her Answer. 4. Miscellaneous: The action is contested with respect to the claims of distribution of property, alimony, counsel fees, costs and expenses. 5. The action does not involve complex issues of law or fact. 6. The hearing is not expected to take more than a day. Date: May I, 2002 <~E~ Wayn . Shade, Esquire Attorney for Plaintiff ,- - " WAYNEF.SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -, --':-"';-' ORDER APPOINTING MASTER )x AND NOW, with respect to the follo\\in costs and expenses. 3 , 2002, E. Robert Elicker, Esquire, is appointed Master laims: Divorce, distribution of property, alimony, counsel fees and ('_L~~~~ ~ S/b/",:'..' ~ )/"f'. By the Court, ~ f J. ~.~ , >- co C a: u: Z ;~; Q i;=) 9 ~I c w:L.. , (- - , >- ( '....-......1 :d~ en _r~-" , 1'-;';;- c; i I -r-~ _.J..-/._ '- ';!!~L~J CL-.. . ~:;: ..A__ :!: ~ .' C"~1 ::::> 0 CO 0 .. - - ~, IRI, ~ ~" . ell:' T! " 02 f;';r\y rj " :CJT,li,,;:iY I: 35 ('v' i;\,'I;-.::I ':,:;,1 : .' '.( ',: 1>I')"'\i ..... ,,,.....,_. ._1 l,J0__1\i~ I PE~JNSYL\/!\i~:/\ ~~~=......,,!O 1!'I!IIW!~I!!lI!I!I!II!I!lIIII!'T ; '\ " , , '" '" -- ~, " "'-! -,,"<- ~ ", '<il \, I ....~ifJ..' \;, ." ~.~ ._< 'l- ,-_ ''J'''' ", '" -,-- '"~ ,~." w 'I." ,j l .<" _, ~~...._*~i<'!!m~"->>:~~E_-'ffll~lt~~~5Jf(!i.lI~I!IWll!I~!l!-QlfIW~II!II!IfIl~I/lrIlll!~ -" CLOYD C. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00 - 2643 CIVIL MARSHA A. MYERS, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Wayne F. Shade Counsel for Plaintiff Cloyd C. Myers , Plaintiff Diane M. Dils , Counsel for Defendant Marsha A. Myers Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 29th day of January 2003, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: December 18, 2002 E. Robert Elicker, II Divorce Master ~. ............, = " --'.i<l!,! " f1 p i 1,1 ;:: , I:~ !: I'.' k! 'ii "I :': :,] i :~ ( "- ~ --, ' - ,~ - -<,~,-- '- , '- ~ -' -, ,- - ',; ,', 0~&0~ ATTORNEYS AT LAW ARTHUR K. OILS DIANE M, OILS 1017 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102 PHONE: (717) 233-8743 FAX: (717) 233-2567 May 22, 2002 E. Robert Elicker, II, Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 RE: Cloyd C. Myers vs. Marsha A. Myers No. 00-2643 (Divorce) Dear Divorce Master Elicker: I represent Marsha A. Myers, the Defendant in the above-captioned action. Attorney Wayne F. Shade represents Cloyd C. Myers, the Plaintiff. Pursuant to Attorney Shade's certification dated May 15,2002, he indicated that by his letter dated April 3, 2002, he advised me that if I did not make a request for discovery within twenty (20) days therefore, that he would be filing the Motion for Appointment of Master. I did not make a request for formal discovery; however, by my letter to Attorney Shade dated April 2, 2002, I did make a request for additional discovery information. I asked that it be released to me without the need for formal discovery. I also assume that my letter of April 2, 2002, and Attorney Shade's letter of April 3, 2002, may have passed in the mail and that at the time Attorney Shade sent his letter dated April 3, 2002, that he was perhaps not aware of my request for information in my letter dated April 2, 2002. Therefore, discovery is not complete in that the Plaintiff has failed to provide the requested information. ;,: lYY~ Dian, M~ DMD/daf cc: Wayne F. Shade, Esquire . "'- --, , ..' ',-~ " - , . -~. WAYNEF. SHADE ATTORNEY AT LAW 53WESTPOMFRETSTREET CARLISLE, PENNSYLVANIA 17013 (717) 243-0220 (800) 243-0220 FAX (717) 249-0017 May 15,2002 E. Robert Elicker, II, Esquire Office of the Divorce Master 9 North Hanover Street Carlisle, Pennsylvania 17013 Re: Cloyd C. Myers v. Marsha A. Myers No. 00-2643 Civil Term Brenda S. Fahnestock v. Ellis J. Fahnestock No. 01-6934 Civil Term Dear Mr. Elicker: Enclosed are our discovery certifications in the above two matters. Very truly yours, etA Wayne~e \VFS/cjt Enclosures cc: Diane M. Dils, Esquire Robert L. O'Brien, Esquire - <, " WAYNEF.SHADE Attorney at Law 53 West Pomfret Street Carlisle. Pennsylvania 17013 ..._ ..::I ;--, 'j,-- , '" _....J...." - 7/l~/O~ CLOYD C. MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO. 00-2643 CIVIL TERM MARSHA A. MYERS, Defendant : IN DIVORCE TO: Wayne F. Shade, Esquire, Attorney for Plaintiff Diane M. Dils, Esquire, ofDils & Dils, Attorneys for Defendant DATE: May 15,2002 CERTIFICATION On April 3, 2002, counsel for Husband advised counsel for Wife in writing that in the absence of issuance of formal written discovery within twenty days, Husband would file a Motion for Appointment of Master with an indication that discovery is complete. Having heard nothing further from counsel for Wife prior to May 2, 2002, we filed our Motion for Appointment of Master. 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. In the event that Wife should assert the need for discovery, Husband reserves the right to pursue discovery. In view of the failure of Wife to request discovery, we request that a Directive for filing of Pretrial Statements be issued immediately. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. Date: May 15,2002 a/~ EdZ& Wayn F. Shade, EsqUIre '- -~~ - I" ""'''''''''n- C' f WAYNEF.SHAPE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 .....""""""'" NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED lHAT 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. - .......-~ - WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 - "~-"~~-';{ MAY 0 2 ZOO? .9 CLOYD C. MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 00-2643 CIVIL TERM MARSHA A. MYERS, Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff CLOYD C. MYERS moves the Court to appoint a Master with respect to the following claims: Divorce Alimony Costs and Expenses Distribution of Property Counsel fees and in support of the motion states: I. Discovery is complete as to the claims for which the appointment of a Master is requested. 2. Defendant has appeared in this action by her attorney, Diane M. Oils, Esquire. 3. The statutory ground for divorce is 23 Pa.C,S. S3301(D), in that ~5 of the verified Complaint avers that the parties have been living separate and apart since April 19 , 2000, and ~6 of the verified Complaint avers that the marriage is irretrievably broken. Both of those allegations are admitted by Defendant in her Answer. 4. Miscellaneous: The action is contested with respect to the claims of distribution of property, alimony, counsel fees, costs and expenses. 5. The action does not involve complex issues oflaw or fact. 6. The hearing is not expected to take more than a day. Date: May I, 2002 ~~E~ Wayn . Shade, Esquire Attorney for Plaintiff oJ- ." ';.0". -0..,.. .~ ..;: ,"e . CLOYD C. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 2643 CIVIL MARSHA A. MYERS, Defendant IN DIVORCE ORDER OF COURT AND NOW, this dO Ti day o~~, 2003, in contemplation of the divorce action being withdrawn and the economic claims having been withdrawn by praecipe filed February 12, 2003, and otherwise all issues having been resolved in accordance with a postmarital agreement dated January 29, 2003, the appointment of the Master is vacated. BY THE COURT, Geo cc: Wayne F. Shade Attorney for Plaintiff Diane M. Dils Attorney for Defendant . ~ .},,;UJ3 ~ ~> IT OF r'l._:'j-f' (:l/\F~Y "j" r-" ," r _"'j of,,!, , .. V:.,,:) L Ii): .1 n q::; CUI',ji1,;". ." Ii".i~,_! .1-j-,;",1 ' , ,I II ,,\iT\; P:':NI!\ISVI\//<; ~',~" , '-. I, l _',r~i\ijJ~ .'~ ~- ~"." ~~ "'"'f""'O.~ _~ ., ~-- ,~~~_11'IiI~~~l!!llifli/~I~ffi'l1l~I'f~!lffl~.I~ _;,;;~i!"L_1 .m , , -rLo()V- ~{.,Y2:. POSTMARITAL AGREEMENT THIS AGREEMENT, made this ~ct4. day of ~ ,2003, by and between CLOYD C. MYERS of 1116 Karen Drive,'Carlisle (Ntrth Middleton Township), Cumberland County, Pennsylvania 17013 (hereinafter referenced as "Husband") AND MARSHA A. MYERS of 1116 Karen Drive, Carlisle (North Middleton Township), Cumberland County, Pennsylvania 17013 (hereinafter referenced as "Wife"), in contemplation of an attempted reconciliation of their marriage. .r r . r ARTICLE I PURPOSE 1.01. To Define Property Rights. The parties to this Agreement intend and desire to define their respective rights in the property of the other, and to avoid such interests which, except for the operation of this Agreement, they might maintain in the property of the other as incidents of their marital relationship under the provisions of the Pennsylvania Divorce Code of 1980, as amended. /' 1.02. To Permit Separate Dealing. The parties further intend and desire to permit each party to deal separately with his or her sole and separate property without the joinder, consent or knowledge of the other party. /' /' /' 1.03. Independent Support. The parties hereby warrant that they have the obligation of supporting themselves and that, except as otherwise specifically set forth in this Agreement, neither shall look to the sole and separate property of the other, or the income derived therefrom for support or maintenance, even though one may be or may hereafter become unemployed or disabled. WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 l.04. Allocate Property Hereafter. The parties further intend and desire to permit themselves the flexibility to mutually determine from time to time hereafter whether an asset will be a sole and separate asset or a joint asset with both spouses having interests therein. l.05. Consideration. This Agreement is entered into in consideration of the liquidation of marital claims, the proof of which would otherwise difficult and in further _ u__~. .' ~,_~. ~-- lifd"', consideration of the resumption and continuation of marital cohabitation, although there is no agreement as to the duration of the continuation of marital cohabitation. In the event of the failure of the attempted reconciliation, it is agreed that the date of separation of the parties remains April 19, 2000. The adequacy of the consideration for all provisions herein contained is stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. ARTICLE II RECITALS 2.01. Disclosure of Property. A full and complete disclosure of all property owned and all debts owed by Husband is attached hereto as Exhibit "A" and is incorporatediterein by reference theretO': A full and complete disclosure of all property owned and all debts owed by Wife is attached hereto as Exhibit "B" and is incorporated herein by reference thereto. Neither list of property and debts is intended to include household goods, automobiles or miscellaneous items so long as the total value of the same less encumbrances does not exceed Fifty Thousand and Noll 00 ($50,000.00) Dollars. Property values are reasonably accurate estimates and are not intended to be precise. 2.02. Disclosure of Income. Neither of the parties hereto is employed. Husband receives $1,301 per month from the Social Security Administration and $765 per month from his Scudder Trust Company accounts at Gibb Financial Services, Inc. Both parties hereto acknowledge that they have been given the opportunity to fully discuss in detail the fmances of the other. / /' /' _r" 2.03. Representation by Independent Counsel. The parties hereto acknowledge their rights to be represented by independent counsel of their own choosing. In the event of execution of this Agreement without benefit of independent counsel, they acknowledge their desire to avoid further engaging independent counsel and the expense therefor. They further acknowledge and agree that this Agreement is the result of the mutual efforts of the parties hereto and will not be construed against either party as the scrivener or author of this Agreement. The parties further acknowledge that they have read this Agreement and that they understand the meaning and legal consequences of this Agreement. WAYNEF.SHADE AttomeyatLaw 53 West Pomftet Street Carlisle, Pennsylvania 17013 -2- ~~,~" . ARTICLEJII COVENANTS 3.01. Exclusions from Marital Property. Except as otherwise set forth herein, the only property of the parties which shall be "marital property" as defined in the Pennsylvania Divorce Code of 1980, as amended, shall be property which the parties acquire or hold in joint names with each other. Joint property shall be limited to that property which is titled or held by written document in both parties' names either solely or with others and untitled tangible personal property acquired during the marriage and possessed jointly by the parties hereto other than untitled tangible personal property acquired by gift or inheritance to one of the parties hereto from third parties. Household goods and furnishings obtained by the parties in contemplation of their marriage or after _ their marriage other than by gift6r inheritance to one of the}>arties hereto from third ., parties shall be conclusively presumed to be joint property regardless of the source of funds for their acquisition in the absence of a written and signed agreement to the contrary. All other property, including without limitation, the earnings, other income, rights and benefits under pension, profit-sharing, employee benefit or retirement plans, life insurance and including increases in value thereof during the course of the marriage, shall be excluded from designation as "marital property". All property other than joint property as defmed herein shall be conclusively presumed to be the separate property of the party in whose name it is owned regardless of the source offunds for the purchase of that property. The parties shall be free to change the classification of any property back and forth from joint to separate property of one or the other of the parties as they or he or she may desire from time to time by the execution of a deed, title, bill of sale or other usual and customary document. /' /' /' r-'" 3.02. Joint Property. In the event of divorce, all such joint property shall be divided equally. 3.03. Separate Property. Each party shall retain as his or her sole and separate property all separate property and any income or increase in value derived therefrom. Separate property shall be all property which is not joint property. Except as otherwise expressly set forth herein, neither party shall have any interest in the separate property of the other, unless at the death of a party separate property is willed to the other party. Both parties shall have the right to deal with his or her sole and separate property without the joinder, consent or knowledge of the other. WAYNEF.SHADE AttOrney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -3- ~,:i I I i I I \ I \ ~ ,\ I I \ I I II I I I I I I I j I I ] -- ,~- ~ - . J_l~_~'J 3.04. Mutual Release oCMarital Rights. Except as otherwise expressly set forth herein, it is mutually agreed that each party waives, discharges and releases any and all claims and statutory rights, actual, inchoate or contingent, in law and equity, which he or she may acquire in the income and separately owned property of the other by reason of such marriage, including, but not limited to: (a) Equitable division of property which may in the absence of this Agreement be other than equal division; (b) Compensation for the contribution by either party to the education, training or increased earning power of the other party; (c) Continu~d maintenance and benefic,iary designations of life insurance policies insuring the life of either party; , r (d) Alimony; (e) Temporary alimony during the pendency of divorce proceedings known as alimony pendente lite; (f) Spousal support, health insurance and separate maintenance of any kind; (g) Counsel fees and expenses; /' (h) Right or claim of dower or courtesy or any statutory substitute therefor as provided-by the statutes of the state mwhich the parties or either of them might die domiciled; /" (i) The right to any distributive share should either die intestate; G) The right to take against the will of the other; and (k) The right to act as administrator of the intestate estate of the other. WAYNEF. SHADE Attorney at Law 53 West Pomftet Street Carlisle, Pennsylvania 17013 These provisions ofthis Agreement shall not, however, in anyway be deemed to prohibit or impede either of the parties from taking inter vivos gifts from the other, from -4- ~" ~~ I taking life insurance proceeds from the other as designated beneficilll)', from taking legacies under a will or codicil of the other or from taking benefits of a trust created by the other nor shall they in anyway be deemed to prohibit or impede a party from acting as the Executor or Executrix under any will or codicil of the other. 3.05. Attorney-in-Fact. In order to facilitate the intentions of the parties under the tenus of this Agreement for separate dealing with separate property, each party hereto designates the other as his or her attorney-in-fact for the purposes of execution and acknowledgment of any documents on behalf of the other without the knowledge or consent of the other to effect any necesslll)' fonnalities for such separate dealing with separate property. Nothing in this Agreement shall entitle a party to require the other or to obligate the other to execute any mortgage, note, bond or other evidence of indebtedness which would subject the other or 1i!e property of the other to f!Way such evidence of indebtedness. . 3.06. Memorandum. The parties shall execute and be bound by the Memorandum of Postmarital Agreement attached hereto as Exhibit "C". The tenns and conditions of said Exhibit "C" are incorporated herein by reference thereto and are made a part hereof as if fully set forth herein. ,J" 3.07. Debts. Each of the parties shall be solely responsible for his or her own individual debt obligations incurred previously hereto or to be incurred in the future. Each of the parties shall be liable for one-half of all obligations previously incurred jointly with the other party hereto or to be jointly incurred with the other party hereto in the future. The parties covenant and agree that, if any claim, action or proceeding is hereafter initiated seeking to hold one party liable for the debt, obligation, liability, act or omission for which the other is responsible under the terms of this Agreement, the party liable under the terms ofthis Agreement will, at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other with respect to any and all damages resulting therefrom. Notwithstanding the waivers of alimony in this Agreement, the obligation created under this paragraph shall be payable as alimony for the purposes of enforcement and so as to constitute an exception to discharge in bankruptcy but not for the purposes of income taxation. WAYNE F. SIlAnE Attorney at Law 53 West Pomfret Street Carlisle. Pennsylvania 17013 3.08. Economic Benefits. Anything herein to the contrlll)' notwithstanding, within thirty (30) days from the acknowledgment of Wife's execution of this Agreement, Husband shall discontinue the presently pending divorce proceedings between the parties. Husband shall also pay Wife's counsel fees in the amount of Four Hundred and No/I 00 -5- ,,~ . " ..~"~*'~'": , ($400.00) Dollars and Wife's Visa account in the amount of One Thousand Six Hundred Twenty-Six and No/100 ($1,626.00) Dollars and transfer the sum ofTwenty-five Thousand and No/lOO ($25,000) Dollars to Wife. The foregoing payments will be made as soon as Husband is able to obtain the funds from his IRA accounts. 3.09. Separation. "Separation from marital cohabitation" shall be defmed for the purposes of this Agreement as the resumption of separate residences or the delivery from one spouse or his or her authorized representative to the other spouse or his or her authorized representative of a written notice of separation,. even if the parties hereto are then or thereafter living under the same roof , ,- ARTICLE IV GENERAL PROVISIONS '1 .1 i -I i \ i \ I I l i I I I I I I 4.01. Entire Agreement. This instrument contains the entire Agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force or effect excepting a subsequent modification in writing, signed by the party to be charged. 4,02. Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the heirs, executors, administrators, successors and assigns of the respective parties hereto. 4.03. Partial Invalidity. If any provision of this Agreement is held to be void or unenforceable, all of the other provisions hereof shall nevertheless continue in full force /' and effect.,-/" ,-/" /, 4.04. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania in effect at the date of execution hereof irrespective where in the world the parties may be married or where either or both of the patties hereto may reside, be domiciled or own property in the future. WAYNEF.SHADE Attorney at Law S3 WestPomUetStreet C~rlisle. Pennsylvania 17013 4.05. Modification or Waiver. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same fonnality as this Agreement. The failure of either party to insist upon strict perfonnance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. -6- - ~> .. ~_\' "I..p'i,;; 4.06. Execution of Other Documents. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 4.07. Section Headings. The section headings used in this Agreement are for convenience only and shall not be used in the construction of this Agreement nor in the determination of the various rights or duties of the parties hereto. IN WI1NESS WHEREOF and in consideration of their mutual promises and covenants contained herein, the parties have hereunto set their hands and seals the day and year fIrst above written, each intending to be legally bound. , r Signed, ~aled and delivered in the presence of r . ," clJ~ r~ , ~t-~Jor- oyd C. Myers (SEAL) ti -4 /1/:#///4> Marsha A. Myers (SEAL) /' /. /' /' WAYNEF.SHADE Attorney at Law 53 West Pomfret Street Carlisle, Petu1.Sytvania 17013 -7- ~ , ~-.~ . ~- ,', ~\' COMMONWEALTH OF PENNSYL VANIA ) ) SS: COUNTY OF CUMBERLAND ) On this, the .29-a. day of ~ ' 2003, before me, the undersigned officer, personally appeared CLO C. MYERi known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~/~~- (SEAL) , ~ -,,-.-- : Not'lrial SBai I' Connie J. Tritt, Notary Public I Carlisle, Cumberland County ~!..Gom~ls,~lonE:\P":: Oct 5, 20D4 ~-"_'~~.~--,-,=,~.4 /- COMMONWEALlH OF PENNSYLVANIA ) ) SS: COUNTY OF DAUPHIN ) On this, the ~9ct day of fit. ~, 2003, before me, the undersigned officer, personally appeared MARS A. MYERs, known to me (or satisfactonly proven) to.be the person whose natllllfS subscribed to the withiwinstrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~r~ (SEAL) 1~(I'..;\(i~!1 >;\ Connie ,I. Tritt, h!ota.ry PUt):ic ._~arli8\B, ,C,Umhe~\'imd" County._ (\: ,.' '-: .-;-?_c~:~:.... 5, ::"';,1 i' WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 170\3 -8- ~--- ~'~g,b~ EXHIBIT "A" ASSET AND DEBT DISCLOSURE OF HUSBAND Assets 1. House and lot of ground known and numbered as 1116 Karen $160,000 Drive, Carlisle, Cumberland County, Pennsylvania 17013 2. Monumental Life Insurance Policy #W63041896 cash value 8,000 3. Scudder Trust Company IRA #133345844 79,300 , , ~ . ~ 4. Scudder Trust Company IRA #133347979 220,600 5. M&T Bank Savings Account # 15004200945086 7,300 6. M&T Bank Checking Account #1302604 700 TOTAL $475,900 /, WAYNEF.SHADE Attorney at Law 53 West Pamftet Street Carlisle, Pennsylvania 17013 Debts None ~.. ~.. ~.. "~ ......~ . -" ~ WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 , " EXHIBIT "B" ASSET AND DEBT DISCLOSURE OF WIFE Assets /96 !5()/t:f )vt/J/JJ?b/lc . ~ . ~ Debts j!/o;uc - "",,",'Olll>rnh~,' ~ ~ .- WAYNEF. SIlADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ,~,,< EXHIBIT "C" MEMORANDUM OF POSTMARITAL AGREEMENT THIS MEMORANDUM OF POSTMARITAL AGREEMENT is by and between CLOYD C. MYERS of 1116 Karen Drive, Carlisle (North Middleton Township), Cumberland County, Pennsylvania 17013 . AND MARSHA A. MYERS of 1116 Karen Drive, Carlisle (North Middleton Township), Cumberland County, Pennsylvania 17013, and is intended to be recorded as a Memorandum of the parties' Postmarital Agreement entered into 'contemporaneously herewith. This Memorandum may be recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, and in such other similar offices as may be desirable by either party. WITNESSE1H: Documents indicating title to real and personal property shall absolutely control and define the parties' interests in any real or personal property and neither party shall assert or have any right or claim of dower or courtesy or any statutory substitute therefor such as that contained in the equitable property distribution provisions of the Pennsylvania Divorce Code of 1980, as amended, or as provided in any other statute of this or any other state or county in which the parties or either of them may own property, reside or die domiciled nor shall either party have any other right, claim or interest in real orpersonal property not titleflIn his or her name. Each party shall separately retain ~i rights in his or her own property, whether now owned or hereafter acquired, and each of them shall have absolute and unrestricted right to dispose of such separate property free from any claim that may be made by the other by reason of their marriage and with the same effect as if the parties were not married, and neither party shall be required to have the joinder or acknowledgment of the other for any deed, mortgage or other instrument of title. ~.~~ - ~ - ~" ........... .~~ -.~"-i' IN WIlNESS WHEREOF, and with intent to be legally bound hereby, the parties have set their hands and seals, this;) C( A day of~ ' 2003. WIlNESS: Ii/~ F~ ct-ai,- e rlZJMJq/ (SEAL) Cloyd~Myers V '/J /01L> ~ /A /I... ~~.' t.. .L--t<>(SEAL) Misha A. Myers C/ .r ,....,- ., /. /' /. WAYNEF.SHADE Attorney at Law 53 West Pomftet Street Carlisle, Pennsylvania 17013 --" WAYNEF.SHADE Attorney at Law 53 West Pomftet Street Carlisle, Pennsylvania 17013 - .= ~.~~ - ~_,"=%>I"',,'-"C_ COMMONWEAL rn OF PENNSYL VANIA ) ).SS: COUNTY OF CUMBERLAND ) On this, the J.9t:i, day of ~ 2003, before me, the undersigned officer, personally appeared CLOYD r-. MYERS,<llnown to me (or satisfactorily proven) to be the person whose name. is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. O:-y~-zz. (SEAL) . r .r :\jUy,,;., : Dunnie J. 'Tiit!.. ~:'L'''~i;C ~3rlisl.~, .(;llrl:lhi:'~j~tnri COiJ_I]iy 1_:Grn0~!_~"lr~:-1 1J!\ijC"~ (k~ ~_ ' c,.~ 'j COMMONWEALrn OF PENNSYL VANIA ) ) SS: COUNTY OF DAUPHIN ) On this, the :l9a day of \l.a,. ~, 2003, before me, the undersigned officer, personally appeared MARSl1A A. MYERS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within: instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. c-r~ (SEAL) J:,.I, C.OPGi r; ,i ',; in, 1\!I..'~,::r',; ,", C;li-iis)r.', ClJrnl)i~ri1n~-j : f) ti ) !1 ,,' " i t- i" r" t i r~: '.: (j,":': ' ~ - ADDENDUM TO POST-MARITAL AGREEMENT OF JANUARY 29, 2003 1. Anything herein to the contrary notwithstanding, during any trial reconciliation, husband shall be liable to provide maintenance, support, medical care. 2. All other provisions of said post-marital agreement are hereby satisfied and confirmed. ~/ r: rrr/tV Cloyd C. Myers (SEAL) " . r -7l /t.~ I. II. y/4D>/IarnhaA. My~, (SEAL) ~~ ~''''-~"- .- ''''''-' WAYNEF.SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 CLOYD C. MYERS, Plaintiff v. MARSHA A. MYERS, Defendant TO: Curtis R. Long, Prothonotary .~ ----I_~' : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW : NO. 00-2643 CIVIL TERM : IN DIVORCE PRAECIPE Please mark the docket in the above matter discontinued in all respects as to Plaintiff. Date: February 13,2003 ~~E~ Wayne . Shade, EsqUire Attorney for Plaintiff _i__~lI\Ili!IiliwlwllMlldlmlilil~~<~"iI$,A&-';;;'\~ ..'" <"~~iI1IIW':""",,"~-~"'-'ltMlillIlIIiIiilIii~'~ ;..~, "1.l ~~.~l ''''''~- '"," .~- ,,~ , (") C <,. -Get fTlf' ~~fr ~l:-~ !;:c ~f-~,: ~~~ ::~ .liolIiiIiII' .- 11 ',~..' G.::' ('c, -'fj ,"" ..-," ~ '>::1 ,l;:;J ~l)'<, f'..+i ~', f , , '" ..if .::,:) ;:;;1 en ::0 -~