HomeMy WebLinkAbout97-03153
*~**~~~~~~-**~*W****'~~:~~;~,,****~'~
:;:, - ...-....-...-------~-, -------~ ~-------- ----~ '.
~l ~
~\ ~
^I ,
~. IN THE COURT OF COMMON PLEAS *
~; ~
~i
~l
':'1
~)
"
~',
':'1
~\
i
~I
'.',
~i
"
~I
~i
'.';
,.,J
~)
~
~)
, !
~I
,
~i
;:;1
~l
",I
:1
~I
~i
':'1
~)
~{
':'1
~l
~l
~:
~
"'(
['.,
~l
~I
'.'\
~.
~
OF
CUMBERLAND
COUNTY
.I,
fI
,
~.
'~..~..~..~.,~.~~,*.,~.*,~~.*~..*,~-,~,~-~:.~~::.:~:~.~.~:.:~:~:.~
STATE OF
~
~~~t
-,~
"'~~~,."r
PENNA.
KATHLEEN ANN MYERS,
Plaintiff
N (), .97..-3153. Civil"
II)
Vt'J'~lI...;
DOUGLAS CHARLES MYERS,
~
~
Defendant
IN DIVORCE
~
DECREE IN
DIVORCE
.,.
ANDNOW",,""":p~,~",Jr.,,"'" 19,~,~", it is ordered and
decreed that" ,KA,THL,E,E,N, ,ANN, ,MYE,RS, ,," , , , ' " " " " , ' '" , '" , ", plaintiff,
and, , , , , , , , , ' , ,DOUGL~, ~HARL~S, M'~'~R5, , , , , , , , , , , , , , ' , , , , , , , , " defendant,
are divorced from the bonds of matrimony.
The court retains jurisdiction 01 the lollowing claims which have
been raised of record in this action for which a final order has not yet
been entered;
NONE. The terms of the Marital Settlement Agreement dated November 6, 1999
. . . . , . . . . . . . . . . . . . . . . . . . . . . , . . . . . .
~~~.~~~?~P~~?t7~,~U~,~~~.~~Fg~~. ~~~? ~~~~, p~~!~~~.........
C"/iIJl
~
/
(
Ploll\Ol1ot",\.
~
~
~
~
*
~
~
~
~
, ~
~
~
','
~
~
...
~
~
.~
,~
I~
i':'
,'~
I'
,I.'.
f'.
\ '
'~
~~
'....
~
~
~
~
~:
~:
~
~
.'
~:
~
KATHLEEN ANN MYERS,
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 97 - 3153 CIVIL TERM
IN DIVORCE
DOUGLAS CHARLES MYERS,
Defendant
THIS Agreement made this
MARITAL SETTLEMENT AGREEMENT
(,~ daYOf~'
, 1999 by and
between KATHLEEN ANN MYERS, of 424 Duke Street, Apt. D, Enola, Cumberland County,
Pennsylvania, hereinafter referred to as WIFE, and DOUGLAS CHARLES MYERS, of 112 Valley
Street, Summerdale, Cumberland County, Pennsylvania, hereinafter referred to as HUSBAND,
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been joined in marriage on
June 12, 1971 in Enola, Pennsylvania; and
WHEREAS, a Complaint for Divorce has been filed on June 13, 1997 in the Court of
Common Pleas of Cumberland County, Pennsylvania, to No, 97-3153, Civil Term; and
WHEREAS, the parties hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other, including, without limitation, the
settling of all matters between them relating to the ownership of real and personal property, claims
for spousal support, alimony, alimony pendente lite, counsel fees and costs, and in general, the
settling of any and all claims and possible claims against the other or against their respective
estates,
myers msa October 14, 1999
NOW, THEREFORE, in consideration of these considerations, and the mutual promises and
undertakings hereinafter set forth, and for other good and valuable consideration, receipt and
sufficiency of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE,
each intending to be legally bound, hereby covenant and agree as follows:
1, Advice of Counsel: The parties hereto acknowledge that each has been notified of
his or her right to consull with counsel of his or her choice, and have been provided a copy of this
agreement with which to consult with counsel. WIFE is represented by Carol J, Lindsay, Esquire,
and HUSBAND is represented by Sanford A, Krevsky, Esquire, Each party acknowledges and
accepts that this agreement is, in the circumstances, fair and equitable, and that it is being entered
into freely and voluntarily, after having received such advice and with such knowledge as each has
sought from counsel, and that execution of this agreement is not the result of any duress or undue
influence, and that it is not the result of any improper or illegal agreement or agreements,
2, Divorce: The parties agree to the entry of a Decree in Divorce, The parties will
execute, on the date of this agreement, Affidavits of Consent and Waivers of Notice under Section
3301 (c) of the Divorce Code. consenting to the entry of a Decree in Divorce,
3, Personal Property: The parties acknowledge that they have equitably and
satisfactorily divided all of their personal property, and that all personal property shall be the sole
and individual property of the party in whose possession it is as of the date of this agreement. The
parties will each retain the vehicles in their possession as of the date of separation, Specifically,
HUSBAND will retain the 1989 Eagle Sedan, and WIFE will retain the 1990 Plymouth Reliant K.
The parties have certain intangible personal property, including HUSBAND's
American Century Fund IRA, Account No, 022-001734365, and American Century Equity Growth
IRA, Account No, 982-009065426, the Fidelity Investment Savings Plan, HUSBAND's Tier II
2
m~ers m"" October 14, 1999
Benefits with the Railroad Retirement System, a Blue Chip Checking Account, and WIFE's
retirement entitlement through the Pennsylvania State Employees Retirement System, WIFE shall
retain her retirement benefit, HUSBAND shall retain his Railroad Retirement Tier I benefit. By
Qualified Domestic Relations Order, the parties shall equally divide HUSBAND's Tier II benefits with
the Railroad Retirement System, including the Tier II component and any other divisible component
to which Husband is entitled, including any disability annuity, For purposes of that division, the
parties agree that the date on which WIFE's marital interest in the Tier II benefits ended was
February 28, 1997, WIFE's counsel will prepare the Qualified Domestic Relations Order,
HUSBAND shall cooperate by providing promptly any and all information requested in order to
prepare the Order.
Within 20 days of the date of this Agreement, HUSBAND will transfer to WIFE the
American Century IRAs consisting of Account Nos, 022-001734365 and 982-009065426, and the
Fidelity Investments Employee Savings Plan through ConRail. In the event that a Qualified
Domestic Relations Order is necessary to accomplish the transfer, HUSBAND will cooperate in the
preparation and submission of the same, The Qualified Domestic Relations Order will be prepared
by counsel for HUSBAND, HUSBAND warrants that there have been no withdrawals from those
accounts since at least the preparation of his inventory and appraisement from on or about May 1,
1999 to the present. In making this Agreement, the parties have relied on the statements made in
the Inventory and Appraisement prepared by HUSBAND for a settlement conference of the parties
on or about April 29, 1999,
4, Real Property: The parties are owners of a home at112 Valley Street, Summerdale,
Cumberland County, Pennsylvania, WIFE will transfer to HUSBAND all her right, title and interest
in the marital realty by execution of a special warranty deed to be prepared by counsel for
3
myers msa October 14, 1999
HUSBAND. HUSBAND will pay the taxes and mortgage payments for the marital home, and any
other costs allributable to the marital home, and shall indemnify and hold WIFE harmless for any
loss on account of the marital home,
5, Alimony: The parties waive any claim that they may have one against the other for
alimony, alimony pendente lite or spousal support, The parties acknowledge that each has sufficient
assets with which to maintain themselves after divorce,
6, Marital Debt: The parties have, each in their own names and in joint names also,
certain credit card accounts which may include some marital debt. WIFE will file a Petition for relief
under Chapter 7 of the Bankruptcy Code discharging any obligation she has for any marital debt. If
HUSBAND advises WIFE within ten days of the date of this Agreement of his desire to join with her
in the filing of a Chapter 7 Bankruptcy, he may do so so long as he promplly pays one-half of the
filing fee and one-half of WIFE's attomey's fees for the filing of the Bankruptcy, which attorney's fees
will not exceed $700,00, In the event that the parties file a joint bankruptcy, WIFE will not file the
Praecipe to Transmit the Record until after the meeting of creditors, HUSBAND understands that in
the event that WIFE files a Petition in Bankruptcy individually and obtains relief through the
Bankruptcy Court, creditors on his individual accounts and on his joint accounts will be able to look
to him for payment and not to WIFE. HUSBAND shall not file a Proof of Claim in connection with
WIFE's Bankruptcy Petition, representing that he is a creditor pursuant to any obligation for which
he may be liable as a result of WIFE's discharge in Bankruptcy,
7, Exchange of Information: The parties have requested from each other and received
any information regarding their assets, liabilities, income and expenses which the party requires
prior to entering into the terms of this Agreement. The parties acknowledge that the terms of this
Agreement are fair and equitable and constitute an equitable distribution of marital property and
4
myors m.a Octobor 14,1999
debt, taking into account all of the relevant factors set out in Section 3502 of the Divorce Code, 23
Pa, C,S,~3502 including the length of the marriage; any prior marriage of the parties; the age,
health, station, amounts and sources of income, vocational skills, employability, estate, liabilities and
needs of each of the parties; the contribution by each party to the education, training or increased
eaming power of the other; the opportunity of each party for future acquisitions of capital assets and
income; the sources of income of both parties, including but not limited to, medical, retirement,
insurance or other benefits; the contribution or dissipation of each party in the acquisition,
preservation, depreciation, or appreciate of the marital property, including the contribution of a party
as homemaker; the value of the property set apart to each party; the standard of living of the parties
during the marriage; the economic circumstances of each party including federal, state and local tax
ramifications at the time of the division of the property, and whether the party will be serving as
custodian of any dependent minor children,
8, Modification: No modification, rescission, or amendment of this agreement shall be
effective unless in writing signed by each of the parties hereto,
9, Applicable Law: All acts contemplated by this agreement shall be construed and
enforced under the laws of the Commonwealth of Pennsylvania,
10, Agreement Binding on Parties and Heirs: This agreement, except as otherwise
expressly provided herein, shall bind the parties hereto, and their respective heirs, executors,
administrators, legal representatives, assigns and successors in any interest of the parties,
11, Agreement Not to be Merged: This agreement shall be incorporated into the final
decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall not be
merged into said decree, The parties shall have the right to enforce this agreement under the
Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity
5
myors m," Oclobor 14. 1999
under this agreement as an independent contract. Such remedies in law or equity are specifically
not waived or released,
12, Documents: The parties hereto agree that they will execute and deliver one to the
other any documents necessary to give effect to the terms of this Agreement.
13, Full and Final Settlement: WIFE and HUSBAND each do hereby mutually remise,
release, quitclaim and forever discharge the other and the estate of such other, for all time to come,
and for all purposes whatsoever, of and from any and all rights, titles, interests or claims in or
against the property (including income and gain from property hereafter accruing, of the other) or
against the estate of such other, of whatever nature and wheresoever situate, which she or he now
has or at any time hereafter may have against such other, the estate of such other or any part
thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other, or
by way of dower or curtesy, or claims in the nature of dower or curtesy, or widows' or widowers'
rights, family exemption or similar allowance. or under the intestate laws, or the right to take against
the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other
rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the
laws of Pennsylvania, any other State, or any other Country, or any rights which either spouse may
have, or at any time hereafter have, for past, present or future support or maintenance, alimony,
alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital
relation or otherwise, except and only except, all rights and agreements and obligations of
whatsoever nature arising or which may arise under this Agreement or for the breach of any term
thereof, It is the intention of HUSBAND and WIFE to give to each other by the execution of this
Agreement a full, complete and general release with respect to any and all property of any kind or
nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only
6
,- <IJ '-
, ." r
(,-
"
"
( J
,
c':. ' -
" L'\ ,"j
C, U
filo: Myors transmit praocipo
Ijb
Docombor 13, 1999
KATHLEEN ANN MYERS,
Plaintiff
VB.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. DIVORCE
NO. 97. 3153 CIVIL TERM
IN DIVORCE
DOUGLAS CHARLES MYERS,
Defendant
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry of a divorce decree:
1, Ground for divorce: irretrievable breakdown under Section 3301 (c) 2291 (a)(1) of the Divorce
Code, (Strike out Inapplicable section),
2, Date and manner of service of the complaint: July 14, 1997, Acceptance of Service signed by
Sanford A, Krevsky, Esquire, attorney for Defendant, Douglas Charles Myers,
3, (Complete either paragraph (a) or (b)),
(a) Date of execution of the affidavit of consent required by Section 3301(c) of the
Divorce Code: by the Plaintiff November 2, 1999; by the Defendant November
6,1999,
(b) (1) Date of e)(eoutioA of tRc Plaintiffs afliaavit requirca by Seotion 2201 (a) of
IRe Divorco Csae:
(2) Date of sorvioe of tRe Plaintiffs aflidavitlJpoA the DefoAdant: _
4, Related claims pending: None
5, Complete either (a) or (b),
(a) Date and manner of service of the notice of intention to file praecipe to
transmit record, a copy of which is attached:
(b) Date Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with the
Prothonotary:
(c) Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the
Prothonotary:
-d .with the Prothonotary:
'- c-. C
C"':- I.::
, C'':; , -
, ,
,
" ,
( :..U
i , ~
L
, .:""."\ - ,
-, , '- ,
c:\l,l,'P!lI\rn)'crs\JI\'On:C.CO:n file ;'!l3M.')7.()I bnu3ry 12.1l}l}i}
KATHLEEN ANN MYERS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. DIVORCE
V5.
DOUGLAS CHARLES MYERS,
Defendant
NO. 97 - J 1!;.3
CIVIL TERM
IN DIVORCE
NOTICE
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 of the marriage, you
may request marriage counseling, A list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013.
1;- YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR
EXPENSES BEFORE A DECREE OF 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 UBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(7171 249-3166
FLOWER, MORGENTHAL FLOWER & LINDSAY, P,C,
Attorneys for Plaintiff
By:
D"'-iF' J2-fmt
c:\wp~I\Jl\ycn\.l..Ii\un:cc{)m liIe 115366.97-01 Nnvcmhcr 23.199K
7, Plaintiff has been advised of the availability of marriage counseling and of the right to
request that the Court require the parties to participate in marriage counseling, and does not
request counseling,
8, Plaintiff requests the Court to enter a decree of divorce,
COUNT 11- EQUITABLE DISTRIBUTION
9, The averments in Paragraphs 1 - 8 are incorporated herein by reference as tough set
out in full.
10, The parties have, during their marriage, acquired certain property, both personal and
real.
WHEREFORE, Plaintiff prays this Honorable Court to equitably divide the parties' property,
FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By:
indsay, Esquire
10 693
11 East High Street
Carlisle, PA 17013
(717) 243-5513
Date: Ilf 2j'l 9
I
l11)cn\JnlcnJciJ JI\tm:C COl11 liIe #5Jb().l)7..()1 NmcllIlx'r .:!.'.ltNH
KATHLEEN ANN MYERS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. DIVORCE
vs.
NO. 97. 3153 CIVIL TERM
DOUGLAS CHARLES MYERS,
Defendant
IN DIVORCE
CERTIFICATE OF SERVICE
AND now, this I z,- day o:if::~ ~// , 19~, I, Carol J. Lindsay,
Esquire, of the law firm of FLOWER, MOR THAL, FLO ER & LINDSAY Attorneys, hereby
certify that I served the within Amended Complaint in Divorce this day by depositing same in the
United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
Sanford A. Krevsky, Esquire
1101 North Front Street
Harrisburg, PA 17102
FLOWER, MORGENTHAL FLOWER & LINDSAY
Attorneys for Plaintiff
By:
l':\\lo'l..lil\n1)C~\tll\llJ\c lllnl Ilk t/.li\(,(,.'I7.ol hllll' 1'.1'''7
7. Plaintiff has been advised of the availability of marriage counseling and of the right to
request that the Court require the parties to participate in marriage counseling, and does not
request counseling.
8. Plaintiff requests the Court to enter a decree of divorce.
FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By:
Carol J. Lin ay, Esquire
ID # 44693
11 East High Street
Carlisle, PA 17013
(717) 243.5513
Date: 7J~ - I~ Iff?
~
>- r- '-
cr; tr. (~;
-<; .. ':'j
>-
UJ~t~ - ,""
- ~"7'
(':'r-, :::: . :.;c
1E:t' "'" ",~
~r, ..-
s: M .'.~,?
):.~
c.. ,-~
--'J' =>: "':.11
Q;?-; ::J '.JCl.
-, ~.
Co t- ')
C> ~ U
..... c<)
r-:-, C
,
. ,~- ,
':-~ . 1
. '''.
, '- ~2
! , " ;
4~
'--
C' ,-
c..
I , ,
- (;' :)
,
L
'- u, "-
C'; - I;:
i.~
,',... ) ,~
0, l;;':
-" ',:-]
., "
<- 11-"
, , L~_
I.C
;' 'I
, '. , :j
. ,. .
KATHLEEN ANN MYERS,
Plaintiff
v,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. DIVORCE
NO, 97-3153 CIVIL TERM
DOUGLAS CHARLES MYERS
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C)
OF THE DIVORCE CODE
I, 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 I 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,
4, 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 I 8 Pa,C,S, Section
4904 relating to unsworn falsification to authorities,
DATE: ~sv- C) I 'l q1
>- co, ::-
cr; C ,-
__l.. '/
Ie :.1,-'"
, . C;,
1'.1 ' )':c
, , -,,/,
-j: -..: J
;1. . -,
.::! '-.'
,"') .(f)
t.-. I .~ ~:;
--:. C JiJj
.. \..,:
i- C .lu-
" c.., ..5
b u' c.>
~1 ~~1\~ffi:(\ r[\ {~rl-
l'hr,hI{
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NOJfJ '?lrJ?-, CIVIL 19
IN DIVORCE
V5.
'AoY~ \~,CM-" ~<;
J)-f~O\1'\f
STATUS SHEET
DATE:
ACTIVITIES:
, ,
~"/I"'J.~;r---
OFFICE OF DIVORCE MASTER
CUMBERLANO COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240'6535
E. Robert Elicker, II
Divorce Master
Tract do Colyer
Office Manager/Reporter
West Shore
697'0371 Ex!. 6535
March 29, 1999
Carol J. Lindsay
Attorney at Law
FLOWER, MORGENTHAL, FLOWER
& LINDSAY
11 East High Street
Carlisle, PA 17013
Sanford A. Krevsky, Esquire
1101 North Front Street
Harrisburg, PA 17102
RE: Kathleen Ann Myers vs. Douglas Charles Myers
No. 97 - 3153 civil
In Divorce
Dear Ms. Lindsay and Mr. Krevsky:
By order of Court of President JuJge George E. Hoffer
dated March 9, 1999, the full-time Master has been appointed in
the above referenced divorce proceedings.
A divorce complaint was filed on June 13, 1997, raising
grounds for divorce of irretrievable breakdown of the marriage.
No economic claims were raised in the complaint.
On January 12, 1999, the Plaintiff filed an amended
complaint restating the grounds for divorce and raising the
economic claim of equitable distribution.
The Defendant filed an answer and new matter on June 30,
1997, averring that the marriage is not irretrievably broken.
However, in view of the apparent period of separation of the
parties, the Master is probably going to find that the parties
marriage is not viable and that it is in fact broken.
In any event, since we have an economic issue pending,
I am directing each counsel in accordance with P.R.C.P.
1920.33(b) to file a pre-trial statement on or before Monday,
April 26, 1999. Upon receipt of the pre-trial statements, I
will immediately schedule a pre-hearing conference with counsel
Ms. Lindsay and Mr. Krevsky, Attorneys at Law
29 March 1999
Paae 2
to discuss the issues and, if necessary, schedule a hearing.
Very truly yours,
E. Robert Elicker, II
Divorce Master
NOTE: Sanctions for failure to file the pre-trial statements
are set forth in subdivision (c) and (d) of Rule 1920.33,
THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE
MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING
COUNSEL.
z
tIl":
..:>
~...:I
...:1:><
ll.tIl
Z
ZZ
O~
~o..
~
o .
U:><
'Eo<
~z
0::>
o
Eo<U
e::
::>0
oz
U":
...:I
~Q:
:I:~
Eo<al
~
z::>
HU
Q:
~
Eo<
Eo<
..:
~
~
~
Z
o
z
...:
Q:
~
~
tIl
Z
..:
~
Q:
~
Eo<
...:I
H
>
H
U
'"
'"
'.-i
......
tIlC
Q:,.-i
~Ill
:><..-i
~ll.
Z
Z
..:
z
~
~
0-:1
:I:
Eo<
..:
~
>
......
tIlC
Q: III
~'tl
:><c
~Q)
'"
tIlQ)
~o
0-:1
Q:
..:
:I:
U
tIl
..:
0-:1
<.:l
::>
o
o
Dr. ~
1 s
... t;j~
l4t~~~i
!~~~
",'"
~ u.,11.,....
;tl ozdl::
Jj ~ s~
E -~
~ ~
U"l
M
....
U"l
I
.....
'"
')
-'1.1.
L..) , .
,. ,,, b
:1. "
I.....,..
_ c.l
,,:),..:. -,' _~_ 1
\
I
KATHLEEN ANN MYERS
: IN COURT OF COMMON PLEAS
: CUMBERlAND COUNTY, PENNSYLVANIA
:
l'S
" 91-J/sJ
: NO, 9'1-31J5 CIVIL TERM
: IN DIVORCE
DOUGlAS CHARI_ES MYERS
NOTICE TO PLEAD
TO: CAROLJ, LINDSAY, ESQUIRE
ATTORNEY FOR PLAINTIFF
FLOWER, MORGENTHAL, FLOWER & LINDSEY, p,c.
II EAST HIGH STREET
CARLISLE, P A 170 \3
You are hereby notified to file a written response to the enclosed Answer and New Matter
within twenty (20) days from service hereof or a judgement may be entered against you.
l ' r
Sanford . Krevsky, Esquire
Attorney J.D. #15560
1101 Nonh Front Street
Harrisburg, P A 17102
(717) 234-4583
Counsel for Defendant
Date:~
NEW MATTER
9, Paragraphs one (I) through (8) are incorporated herein by reference,
10, The Defendant is desirous of maintaining the marriage.
II. As counsel might be inappropriate means of salvaging the marriage, Defendant
requests that the couple undergo marriage couseling.
Wherefore, Defendant requests that Plaintifr s request for the entering of a divorce decree be
denied and that counseling be order for the couple,
Date:
Respectfully requested:
(1
'<0:'. ""dvttrl A. hlJ-1 Lj
Sanfor 1\, Krevsky, Esquire
Attorney I.D, #15560
1101 North Front Street
Harrisburg, PA 17102
(717) 234-4583
Counsel for Defendant
&/:17 )q1
I I
KATHI.EEN ANN MYERS
: IN COURT OF COMMON PLEAS
" CUMBERlAND COUNTY, PENNSYI.VANIA
:
It,\"
:
DOUGlAS CHARLES MYERS
: NO. 97.5135 CIVIL TERM
" IN DIVORCE
CERTIFICATE OF SERVICE
, '17..f1l
AND NOW. thIs '" day of June, 1996, I, Kelly D, Reed, for the Law Office of Sanford
A. Krevsky. hereby certiry that a copy of the foregoing Answer and New Maller was sent via first-
class U.S, Mail, postage prepaid, on the following:
CAROL J, LINDSEY, ESQUIRE
FLOWER, MORGENTHAL, FLOWER & LINDSEY, P.C.
II EAST HIGH STREET
CARLISLE. PA 17013
Kelly D. eed
1101 North Front Street
Harrisburg, P A 17102
(717) 234-4583
Z
Ul<l:
<>
Ul>-1 E
>-1>0 ~ l:'I
n.Ul Q) ~
Z E-o -= -
ZZ .... .... III !:l
OUl ~ ..... .... Ul I: 1a l;:;~
:;;n. 0 ,.-I ,.-I 0:: <1l tOtz ~~j
:;; :> .... Ul'tl
0 . >0 ,.-I Ull: >0 I:
U" 0:: U 0::'.-1 :;; Q)
.'
E-o E-o Ul<1l .... ! <~w
~Z Z "" >0..... Ul Q) >- Z z
O~ Ul M :;;n. UlO "" 0 Z
0:""
Q .... >-1 ~ u. a.. to.
E-oU 0:: "" Z 0:: ;(:) 0 z ci~
0:: 0 I Z :> <l: 1-0 ~ _ g;
;:00 ~Ul r- <l: :r:
OZ U CJ'\ U J3 ~Q]
U< UlZ Z ::: ...~
>-1 n.<l: W Ul I;S 0:
WO:: ...0:: Ul <l: ~ ~
:r:Ul U<l: >-1 >-1
E-oOJ UlUl :r: t.:l
:;; <l:n. E-o ;:0
Z=> o::n. <l: 0
HU n.<l: :.:: 0
,. ---.
I,"
" ~. .
,I .:.. J
.
,._. 4_
:,-....1
,.!
, ,
KATIILEEN ANN MYERS,
PlainlilTlPctilioncr
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS,
CIVIL ACTION - DIVORCE
DOUGLAS CIIARLES MYERS,
DcfcndanVRcspondcnt
NO. 97. 31~3 CIVIL TERM
IN DIVORCE
DRII 28,268
Pacscs# ~16111116~6
ORDER OF COURT
AND NOW, this 20lh day of January, 1998, upon considcration of Ihe attached Pctilion for
Alimony Pcndentc Litc amI/or counscl fces, it is hereby dirccted thalthc partics and thcir rcspectiyc
counsclappear before R.J. Shadday on Fcbruary 8, 1999 at 2:00 P.M, for a confcrcncc, at 13 N,
Hanoycr St.. Carlislc, PA 17013, ancr which thc confcrcncc officcr may recolllmcnd that an Ordcr for
Alimony Pcndentc Litc be cnlcred,
YOU are furthcr ordcrcd 10 bring to Ihc confcrcncc:
(I) a truc copy ofyanr most rcccnt Fcdcrallncomc Tax Rcturn, including W-2's as filcd
(2) your pay stubs for thc preccding six (6) monlhs
(3) thc Incomc and Expensc Statcmcnl aoachcd to this ordcr, complctcd as rcquircd by Rulc
19\O,ll~
(4) ycrification of child carc cxpcnscs
(5) proof of mcdical cOl'cragc which )'on may hal'c, or may hal'c al'ailablc to you
IF you fail to appear for thc confcrencc or bring thc rcquircd documcnls, Ihc Court may issuc a
warranl for your arrcst.
BY THE COURT,
Gcorgc E. HolTcr, PrcsidCnl Judgc
cc: PctHioncr and Rc,sponj
C. Lmdsay, EsqUIre I \o'1'1\'n
S. Krcysky, Esquirc
/1 ,.,
/1/1/1 1/
~.!' j .t.....".-, "'-.L<'~
~d~ay, co~;ercncc Officer U
--...,1
1
'-1
I'
f\..
R.J.
Dalc of Ordcr: JanaufY 20, 1999
YOU IIAVE TilE RIGIITTOA LAWYER, WHO MAY ATTEND TilE CONFERENCE AND
REPRESENT YOU, IF YOU DO NOT IIA VE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPIIONE TilE OFFICE SET FORTII BELOW TO FIND OUT WIIERE YOU MAY GET
LEGAL IIELP,
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVE,
CARLISLE, PENNSYLVANIA .7oll
(717) 249.Jl66
-
., r-;-j ...~.:,__"...,-:
(" .., ;' ". ~"-f\lY
\Jf!~~~L
". ':'?
~:.. ,'...
C~.:, c _
......,
..,
'_Il.
DRS ATTACHMENT FOR APL PROCEEDINGS
PETITIONER: KATHY ANN MYERS
OOB: MARCH 5, 1950
ADDRESS: 112 VAllEY STREET, SUMMERDAlE, PA 17093
PHONE: 732-3505
ATTORNEY: CAROLJ, LINDSAY
PETITIONER'S EMPLOYMENT: EAST PENNSBORO SCHOOL DISTRICT
How LONG? 1 Yo YEARS
NET PAY: ESTIMATED - $1,200,00 PER MONTH
JOB TITLE: MONITOR/AID
OTHER INCOME: (INCLUDE AMOUNT AND SOURCE)
NONE
RESPONOENT: DOUGLAS CHARLES MYERS
APRil 9, 1947
112 VALLEY STREET, SUMMERDALE, PENNSYLVANIA
SSN:
OOB:
ADDRESS:
PHONE:
SSN:
732-3505
SANFORD A. KREVSKY
ATTORNEY:
RESPONDENT'S EMPLOYMENT: CONRAil
How lONG? 10 Y, YEARS
ESTIMA TEO $3,656.00 PER MONTH
NET PAY:
JOB TITLE:
RADIo MAINTAINER
OTHER INCOME: (INCLUDE AMOUNT AND SOURCE)
NONE
WHEN MARRIED: JUNE 12, 1971 WHERE: ENOLA, PENNSYLVANIA
DATE SEPARATED: JUNE 13, 1997
WHERE LASTlIVEO TOGETHER: 112 VALLEY STREET, SUMMERDALE, PA
FOR DRS INFORMATION ONLY
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
Defendant Name: DOUGLAS C. MYERS
Member ID Number: 9136100163
PlU\C note: AU colTtSpondcnce mU5t include the Member lD Number,
CONRAIL INCORPORATED
PAYROLL OPERATIONS DEPT 2
2001 MARKET ST BOX 41
PHILADELPHIA PA 19105-0041-41
ORDER OF ATTACHMENT OF INCOME
Plaintiff Name
ItATHLBEN A, MYl!RS
KAntLEEN A. MYERS
Flnandal Break Down or Multiole Cases on Attachment
PACSES Docket
Case Number Number
516100&56 97 3153 CIVIL
571100625 00008 8 1999
...~;z.u?'
,./ 'i' ;1.3 ()
i
$
$
!
$
Anachmtnl Amount/FreQuencv
122,01 IBI-IIIIBK
216, 74 ~BI'IIII'K
I
I
~
~
I
I
TOTAL ATTACHME~T A~tOU~T: $
339.15
To: CONRAIL INCORPORATED
Pursuant to the laws of the Commonwealth of Pennsylvania the income of
DOUGLAS C, MYERS , defendant obligor, SSN 195-38-9544
of:
112 VALLEY ST, SUMMERDALE, PA, 17093
is hereby attached to the following extent.
You are directed to pay to the Office of the Domestic Relations Section of the Court of
Common Pleas of
County the sum of $ 339,15
per
CUMBERLAND
BI-WEEK
from the income due the defendant obligor, The attachment payment
must be sent to the Domestic Relations Section within ten days of the date the defendant
obligor is paid,
Service Type M
Fonn EN-028
Worker ID $ IA TT
DOUGLAS C. MYERS
PACSES Member Number: 9136100163
GENERAL INSTRUCTIONS
1. Employers may elect to deduct up to 2 % of the attachment amount for their costs, This
amount must not be deducted from the attachment, It must be paid from the employee's
net earnings after the income attachment deduction has been made.
2, Dates monies were withheld from the employees' pay must be provided on the payment
transmittal fonn to the Domestic Relations Office,
3, If you choose to make payments via an electronic funds transfer, instructions may be
requested from the Domestic Relations Office,
BY THE COURT:
Date of Order: February Ill, 1999
~, /Jd.
KeV,~/Ii. Hess
/
/
/
JUDGE
DRO: RJ Shadday
xc: defendant ,,,,-L \,,; \
" ,/' ~.,.
\ ",'''u.. :T,\<:: ' r~ ~"',.
....,'.....1..
"l1\'1\'Yi
Page 4 of 4
Fonn EN -028
Worker ID $IATT
Service Type M
~ 0\ t
(.:
1,-, a' ::;...; c
n ~':)
w..:,
(,'" ;
p,:l. .-..: ) j
csr!-
,.... : .... . 't~ ~
@':
l~ . ';':'<
rt:!' : C:) ,.II'J
r" lu .n:.l..
,- LL -
u 0' ,
0 0- U
DR )~,2J!.8_
PACSES lI~lfJE!Q!!~0._
DATHLEEN ANN MYERS_,
PLAINTIFF/PETITIONER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS
CIVIL ACTION - LAW
DOUGLAS CHARLES MYERS,
DEFENDANT/RESPONDENT:
NO. 97- 3153 CIVIL TERM
o.RDER 0.1' COlJRT
AND NOW, this C)lh day of February, 1999, based upon the Coun's detemlination that
Petitioner's monthly net income/earning capacity is 5~200 per month and Respondent's monthly
net income/earning capacity is $ 3,205,00 per month, it is hereby Ordered that the Respondent pay to
the Domestic Relations Section, Coun of Common Pleas, $ 266.00 a month payable 5 61,22 weekly
as alimony pendente lite, eflective 1-15-99. Arrears set at $ 266,00 as of 2-8-99, shall be payable
at $ 2.99 weekly . First payment due on or before 2-8-99, and each month thereafler, This order is
based upon an agreement of the panies,
Failure to make each payment on time and in tull will cause all arrears to become subject to
immediate collection by all of the means as provided by 23 PaCS~ 3703, Funher, if the Coun finds,
afler hearing, that the Respondent has willfully failed to comply with this Order, it may declare the
Respondent in civil contempt of Co un and its discr~tion make an appropriate Order, including, but not
limited to, commitment of the Respondent to prison lor a period not to exceed six months,
Payments must be made by cash, check or money order Cash payments must be made in
person, All checks and money orders must be made payable to Domestic Relations Section and
delivered or mailed to Domestic Relations Section, 13 Nonh Hanover Street, P.O, Box 320, Carlisle,
Pennsylvania, 17013, Each payment must bear your Domestic Relations number (Pacses#
516100656 ) in order to be processed
Respondent is responsible for annual service fees of 526,00 to be paid within 90 days of
receipt of this order,
i;; 0' r
M t~
~ e:;, ~'-i "
r, ::,
w.-_
(J~ , ..
F.~> , '.'
" - ~ ";-.1
:5s ,.... "
L.:..J-. ,
-"L cc I;J
Ci:, u.;
i== l.L- ..
.. a-. ~
Q en U
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
Defendant Name: DOUGLAS C, MYERS
Member ID Number: 9136100163
Plt'alll' nlltc: AU ('um~pCJndl'fu.l' mlL\llnrludc tbe Member II) Sumber.
NORFOLK SOUTHERN CORP
C/O PAYROLL DEPARTMENT
110 FRANKLIN RD SE
ROANOKE VA 24042-0002-10
ORDER OF ATTACHMENT OF INCOME
Financial Break Down of MuJtlnle Cases on Attachment
PlaintifT Name
KATHLEEN A, MYERS
KATHLEEN A, MYERS
I'ACSES
Case Num~er
,.~ :;It. V 516100656
'II ) 3 {, 571100625
$
I
$
$
I
$
128,)9 /BI-WllBK
216. 74 ~8I.WEEK
I
~
~
I
I
Docket
Numher
91 3153 CIVIL
00008 S 1999
Attachmenl AmounVFrtauencY
TOTAl. A'ITACH~IE:\T AMOU:\T: $
345.13
To: NORFOLK SOUTHERN CORP
Pursuant to the laws of the Commonwealth of Pennsylvania the income of
DOUGLAS C, MYERS ' defendant obligor, SSN 195-38-9544
of:
112 VALLEY ST, SUMMERDALE, PA, 17093
is hereby attached to the following extent,
You are directed to pay to the Office of the Domestic Relations Section of the Court of
Common Pleas of
County the sum of $ 345,13
per
CUMBERLAND
BI-WEEK
from the income due the defendant obligor, The attachment payment
must be sent to the Domestic Relations Section within seven business days of the date the
defendant obligor is paid,
S<rvico Typo M
Furm EN,028
Wurk.r ID $IATT
'..
t'.
c:.:
"
.~' .
('.:
" I
c- . : l~
-,
It, ", :,
Cl '" (J
'.~
~"i~.
-'F:C!-
'-."-
KATHLEEN ANN MYERS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97 - 3153 CIVIL
vs.
.
.
.
.
DOUGLAS CHARLES MYERS,
Defendant
.
.
IN DIVORCE
ORDER OF'MOURT I A" ,
AND NOW, this ~ day Of~
1999, counsel having failed to file pretrial statements on or
before April 26, 1999, as directed by the Master, and having
failed to provide the Master with a copy of a property
settlement agreement as suggested by counsel's letter of April
28, 1999, the appointment of the Master is vacated.
BY THE COURT,
cc:
Carol J. Lindsay
Attorney for Plaintiff
P.J.
Sanford A. Krevsky
Attorney for Defendant
_ c.('f'~"'.'--<l.A_L"{
1&-/11./99,
..J~
.',;'
~ .~ ,J! .~': I J :.
u
I, __,',
" , or
C~;!I',,:..,. .
I' c.\, .:-"
.\if'.,'
..'
.:,
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
KATHLEEN A, MYERS ) Docket Number 97 3153 CIVIL
Plaintiff )
vs, ) P ACSES Case Number 516100656/D26,266
DOUGLAS C, MYERS )
Defendant ) Other State ID Number
Order
AND NOW to wit. this
JANUARY 18, 2000
it is hereby Ordered
that:
THE ABOVE CAPTIONED ORDER OF ALIMONY PENDENTE LITE IS TERMINATED,
EFFECTIVE, DECEMBER 16, 1999, PURSUANT TO A DECREE IN DIVORCE, THERE IS NO
BALANCE DUE,
BY THE COURT:
DRO: RJ Shadday
xc: plaintiff
defendant
C. Llnds'lY.
S. Krevsky,
Service Type M
Esq'Jlre
ESq'J~lre .
-:,
.
/.(11-00
.])
JUDGE
FomlOE.QO(
Worker ID 21005
~,..'i
". ?:
,', '-
,.. ::'? .~
.. ;
" .,'
, ::J
~.. if)
r:...! , ..;;
"
'-
" ,:eel
!Il..
i,,_ C> ~j
..;.. U