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Home My WebLink About97-03639 KERRY A. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 1997 - 3639 CIVIL TERM JILL M. MYERS, Defendant CIVIL ACTION - LAW IN DIVORCE 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 (XX) 3301 (c) ) 3301 (d) of the Divorce Code. 2. Date and manner of service of the Complaint: July 9. 1997 by personal service on the Defendant. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301 (c) of the Divorce Code: by Plaintiff: Decembe,' 22 ,1997; by Defendant: December 22 , 1997. (b) (1) Date of execution of the Plaintiff's Affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: Divorce action is bifurcated pursuant to the Order of Court enteredl2/2:1/97The claims preserved are equitable distribution, alimony, alimony pendente lite, counsel fees, costs and expenses. 5. Date and manner of service of the notice of intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301 (d) of the Divorce Code: 6. Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301 (c) of the Divorce Code: or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301 (c) of the Divorce Code: by Plaintiff: December 22 December 22 , 1997; by Defendant: 1997. and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce Decree: December 23 , 1997. Date: December 23, 1997 KERRY A. MYERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PlaintitT CIVIL ACTION. LA W v. JILL M. MYERS, NO. I 1997 - :It..-J''i C L'( L 1(,././,/ 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 aetion. 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 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 child. When the ground for the divorce is indignities or irretricvable breakdo\\TI of the marriage, you may requcst marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Room 100, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIG! IT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA\VYER AT ONCE. IF YOU DO NOT HAVE A LA WYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumbclland County Courthousc Carlislc. I' A 17013 (717)240-6200 KERRY A. MYERS. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA PlaintilT : CIVIL ACTION. LAW v. JILL M. MYERS. : NO. !:f 1997 - Jl."J? Dcfcndant : IN DIVORCE COMPLAINT lJNnER SECTION 330J(c) or 330Hd) OF TilE U1VORCE conE I. PlaintilT is Kcrry A. Mycrs who currcntly rcsidcs at 3990 William Strcct, Harrisburg. Dauphin County, Pcnnsylvania 17\09. 2. Dcfcndant is Jill M, Mycrs. who currcntly rcsidcs at 233 S. Enola Drivc, Enola, Cumbcrland County, Pcnnsylvania 17025, 3. Both PlaintilT and Dcfcndant have bccn bona fidc rcsidcnts ofthc Commonwcalth of Pcnnsylvania for at Icast six (6) months immcdiately prcvious to thc filing of this Complaint. 4, The PlaintilT and Dcfcndant wcrc marricd on July 25. 1992, in Enola, Cumberland County. Pennsylvania. 5. PlaintilT and Dcfcndant arc thc parcnts of onc minor child. Kclsic E.. age 4, born Fcbruary 3. 1993. 6. Thcrc is prescntly no action for divorcc or ti,r annulment pending bctwccn thc panics, 7, Thc marriagc is irrctricvably brokcn, 8, PlaintilThas bccn adviscd that counseling is availablc and that PlaintilTmay have thc right to requcst that thc court rcquirc thc partics to participatc in counseling. 9. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301(c) or 3301(d) of the Divorce Code. 1 verify that the statements made in this Complaint are true and correct. 1 understand that false statements herein are made subject to the penalties orI8 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ~{( 711A4- Ke A. yers Dated: 7/5/17 / (l(.~. ( 'r '\ ( '.. { <- Richard L. Placey, Esquire ~ PLACEY & WRIGHT Attorney for Plaintiff P.O. Box 99 Harrisburg, PA 17108 (717) 236.9577 J.D. #07232 .)-...., --/. ~ ~ ~ .-..J . ~ .- V) I: -- ~ '0" I 0 ~ .~ ~ 1'1 ' : ~ ~ ........ , , I.. ~ () " , I' v) \ . ~ " ,.", ~ l:. ,,'"':l ~ . L~_ -- -..::::. ~ cL 't:?j- ~ CJ I 1- l, <,' '.J . . . ~ '. '~~::'-C;~.o"'~'=- - .. a'. _...__..'-_.._" "".............,;';i; '.. ~~~......+-".-'--.._-.....-'~.. - -~."" ~. . LAW orrleea PLACGY .. WRIOIIT lOa HaRTH THIRD IURtU I POST orrlce Ball 1111 f_-.' IIARRIIIDURO, 1..N~'.ft;nA 1'10"-0099 .----.-. ._--~ KERRY A. MYERS. PlaintitT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW I', v. JILL M. MYERS. NO. 3639 CIVIL 1997 Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, LINDA L. GUSTIN, residing at7 I 9 6th Street. Enhaut, Dauphin County, Pennsylvania, being duly sworn according to law. depose and say that I served a true and correct copy of the Complaint in Divoree under Section 3301 (c) or 330I(d) of the Divorce Code filed on behaIfofthe PlaintitTwith this Court on the Defendant, Jill M. Myers. by personally handing the same to her at the law offices ofPlacey & Wright. 200 North Third Street. Harrisburg, Dauphin County, Pennsylvania, on July 9, 1997. at 1 :25 PM. L ') (",'1c1- L l/"hl\ Linda L. Gustin I Sworn to and subscribed bef~jme this 'I f~ day of 'Il'j .1997. rl"II. ./ I, '.J' Notary ~ublic NOTARIAL SEAL HOLLY S KIRK. NOIOV'f ~blit HarcisbUlQ, Dauphin County My Commission l>.plres feb 15.1999 ~ tC: ~~ o~ . .: . . , ," .'-, .' .(. ",0- ~ ,~ :. { ... I !! lil: 'f i J~ .'0 ..-' ! . .- . ~ , ~ , i- f KERRY A. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 1997 - 3639 CIVIL TERM JILL M. MYERS, Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on July 3, 1997. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both 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 Decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I , . . " KERRY A. MYERS. IN TI IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION. LA W v. JILL M. MYERS, NO. 3639 S 1996 Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 53301(c\ OF THE DIVORCE CODE I. I consent to the entry of a final decree of 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 divorccd 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 arc true and correct. I understand that false statements herein arc made subject to the penalties of 18 Pa.C .S. S4904 relating to unsworn falsification to authorities. ."" -. I ' (, i it. <' t<.) yers, Plaintiff /2 lZ(n . ,. .t. u.. Om,.. CONNEUV, REID' SPAll!! loe.U2W""", 8m... P.O.1Ial1le3 IW-..a, I'IIM"".... 1711111 717.2J8.4ne FAX 2J8.4783 .......---- . . if . ~-~. KERRY A. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 1997 - 3639 CIVIL TERM JILL M. MYERS, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301lcl OF THE DIVORCE CODE 1 . I consent to the entry of a final Decree of 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. 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.A. Section 4904, relating to unsworn falsification to authorities. Date: /.~ ,', "\ . ,:, " ' , . _.....- (' 1 , , i i ., Jill M. Myers. Defendant 'I ' , ' ! " .' , " '" N' . (.)' .. .. LLI '..(ID' Q. .. .-" ; . -,. . "f , .-\ . ,.. , KERRY A. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 1997 - 3639 CIVIL TERM JILL M. MYERS, Defendant CIVIL ACTION - LAW IN DIVORCE STIPULATION FOR BIFURCATION OF DIVORCE WHEREAS, Kerry A. Myers and Jill M. Myers were married in Cumberland County, Pennsylvania on July 25, 1992; and WHEREAS, a Complaint in Divorce was filed on July 3, 1997; and WHEREAS, an Answer and Counterclaim has been filed by the Defendant prior to the filing of this Stipulation for Bifurcation of Divorce; and WHEREAS, no prejudice will occur if a divorce is granted prior to the adjudication and resolution of any ancillary economic claims which either party may raise; and WHEREAS, Plaintiff, Kerry A. Myers, is represented by Richard L. Placey, Esquire; and WHEREAS, Defendant, Jill M. Myers, is represented by John J. Connelly, Jr., Esquire; and WHEREAS, the resp~ctive parties have reviewed this Stipulation prior to the execution of this Stipulation: and KERRY A. MYERS, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1997 - 3639 CIVIL TERM JILL M. MYERS, Defendant CIVIL ACTION - LAW IN DIVORCE ANSWER AND COUNTERCLAIM ANSWER COUNT I AND NOW, comes the Defendant, Jill M. Myers, by and through her attorneys, Connelly, Reid & Spade, and files the following Answer and Counterclaim to Plaintiff's Complaint in Divorce. ANSWER COUNT I 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. COUNTERCLAIM COUNT II EQUITABLE DISTRIBUTION 10. Plaintiff and Defendant are the owners of various personal property, motor vehicles, bank accounts and insurance policies acquired during their marriage which are subject to equitable distribution by this Court. COUNT III CLAIM FOR ALIMONY UNDER SECTION 501 OF THE DIVORCE CODE 11 . Defendant is unable to support herself through appropriate employment. 12. Defendant lacks sufficient property and income to provide for her reasonable needs. 13. Defendant requires reasonable alimony to adequately maintain herself in accordance with the standard established during the marriage. 14. Plaintiff is financially able to provide for the reasonable needs of the Defendant. COUNT IV CLAIM FOR ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES UNDER SECTION 502 OF THE DIVORCE CODE 15. Defendant does not have sufficient funds to support herself and pay the counsel fees and expenses incidental to this action. , 6. Plaintiff is full and well able to pay Defendant alimony pendente lite, counsel fees and expenses incidental to this divorce action. WHEREFORE, the Defendant in this Counterclaim requests the Court to enter a decree: a. dissolving the marriage between the Plaintiff and Defendant; b. equitably distributing all property owned by the parties hereto; c. directing the Plaintiff to pay alimony to Defendant; d. directing the Plaintiff to pay alimony pendente lite in Defendant's counsel fees and the cost of this suit; and e. for such further relief as the Court may determine equitable and just. CONNELLY, REID & SPADE Date: / j . J ~ - /'1 ~ ~ ~ ~ ~ ~ \, ~ ._, .}.... B t ~ " ~ .' . , : ., I , .'. . t .. ~ . . ... . . . t~~~:4#W-~IlW-N~.},V.!.!J(~r.t.!.!.{#t-V~".W.. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY ST.A fE OF !~~.: PENNA. '(f!}~l/~ ~ '...,~- '" KERRY A. MYERS PLAINTIFF No. 1997-3639 CIVIL TERM . VERSUS DEFENDANT II II " JILL M. MYERS DECREE IN DIVORCE . . . AND NOW, DECEMBER 30 1997 . . IT IS ORDERED AND DECREED THAT KERRY A, MYERS . PLAINTIFF, AND JILL M. MYERS , DEFENDANT. ARE DIVORCED FROM THE SONDS OF MATRIMONY, I THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE " "'" "'''0 O. "'CO"O 'N "H" ''''ON '0" WN'CN "'N^, 0"0," H^, NO' ~ : YET BEEN ENTERED; $ I ~ :. None. Equitable Distribution, Alirr!Qny, Alimo,Dy'penderl.te Lite, counsel Feees, Costs *.~' - and Expenses .... % % * ----.- ~ ~ $ <;. BY THE COUIH: ... ~ ~ % t ~ Edgar B. Bayley $ :t-- nU__ -- .-- - - ---- % t A"'C(J!J.,i~'L'?: r- ." ~ ';' ~.--' PROTHONOTARY'" .;' Certified Copy Issued: May 17, 2002 ':' ~~ :~ ~~ " :::~ E":'!' Eo! -: o:"! 0 !o!" :"E- E"!' 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