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Home My WebLink About97-06860 FRANK WILLlAM BYERS, Plaintiff : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA V. CIVIL ACTION - LAW BETTY ANN BYERS. Defendant 97 -68'60 CIVIL TERM IN DIVORCE NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the tollowing 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 in 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 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 tho Prothonotary, 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 I'APER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFI"ICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse Fourth Floor I Courthouse Square Carlisle, Pennsylvlluia 170 I J (717) 240-6200 VERIFICA TION The forcgoing Pctition is based upon intonnation which has becn gathcrcd by my counsel and me in the prcp&ration of this action. I have read thc statcmcnts made in this Petition, and it is true and correct to the best of my knowlcdge, intbnnation and belief. I undcrstand that false statements hcrein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. ~^'*^^ W~ ~ FRANK WILLIAM BYERS Date: NOVEMBER...i.-, 1998 ~ FRANK WILLIAM BYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW BETIY BYERS, Dcfendant NO. 97-6860 CIVIL TERM 9...BPER OF COURT ANI:? NOW, this 26th day of July, 1999, upon connideration of Defendant's Petition To Compel Completion of Answcrs to Interrogatories, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, / I I / . , , ) /. 1/ ' ,( ',- I - -'---" J.WCslcy Oler,'J( /' I .' I . ( , Marcus McKnight, Esq. . 60 West Pomfrct Street Carlisle, PA 17013 Attorney for Plaintiff C.",iY"'" (l"-~-" .<l '1/ :)'JJqq . .J"l" Carol L. Van Horn, Esq. BARLEY, SNYDER, SENFT & COHEN, LLC 247 Lincoln Way East Chambersburg, P A 1720 I Attorney for Dcfendant ,f :rc INTERROGATORIES 1. State your lull name, date of birth, age, residence and post office address, home and business telephone numbers, Social Security number and present military status. 2. State the following employment information: (a) name and address of employer; (b) hours and rate of payor earnings, specifying gross average weekly salary, wages, commissions, overtime pay, bonuses and gratuities; (c) expense and drawing accounts and allowances for transportation and other accommodations and expenses; (d) pensions, stock-purchase options, retirement plans, insurance profit-sharing or other benefit plans; state basic provisions and attach copies of any such plans; and (e) if there is a written contract of employment, attach a copy; if said contract is unwritten, state the terms; (f) date commenced employment; (g) job title or position; (h) give three-year history for items (bl, (e), and (d); (I)state bonuses for past five years - gross and deductions; (j) state whether employer is: self. partnership, corporation, professional corporation, closely held corporation. 7. Identify all bank and savings and loan association accounts, time deposits, certificates of deposit, savings bonds, treasury notes, savings clubs, thrift plans, money market funds and cheeking accounts in your name or in which you have an interest. Provide: (a) state name of bank, title of account and account number; (b) type of account (checking, savings, certifieato, NOW, etc.); (c)date you opened such account or date you acquired your interest therein; (d) da~e you closed the account or otherwise ceased to have any interest therein; (e) name and address of any other persons who have either an ownership interest or power to withdraw funds from such account; If) attach monthly statements for the past two year(s). If a checking or NOW account, attach photocopies of all checks written during the past two year(s); (g) balances as the following dates: 1. date of separation; 2. date divoree action filed; 3. date you answered these interrogatories; and 4. date of marriage (h) as to any "account" in which your name does not appear, in which you deposited or withdrew monies, state: 1. names in which each account appears and in which you deposited or withdrew monies; 2. name and address of the institution in whieh the account is located; 3. date and reasons for the deposit or withdrawal; and 4. amounts of the deposit or withdrawals 8. Identify any safe deposit box which you have alone or with another. Provide: (a) the name and location of the institution where the box is rented; (b) the name or names in which it is registered; (c) the number; (d) the contents and the value thereof, if any; (e) the identity of anyone who has access; and If) the number of times it was visited in the last three years. .., '- r::. ~... n~ t. ,. .. t'- I. I' ~II. ) c..', e. (~ ') ;'-1 .. [, 4."... ! " , L ; J ,i !/ ) : j, _. , 1. ". ,'1', .~i C; (J . U " , IN TilE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT OF PENNSYLV ANIA CUMBERLAND COUNTY Frank William Byers, Pluintiff/Respondent Civil Action - Law No, <)7 ...6860 Civil Tcrm v. Bclty Byers, In Divorce a v,nL Defendant/Petitioner MOTION AND NOW comes the above-eaptioncd Petitioner, Betty Byers, by and throngh hcr allomey, Carol 1.. Van Horn, Esquirc of Walkcr, Van Hom & MacBridc, a division of Barlcy, Snyder, Senft & Cohen, LLC and movcs the Court as follows: I, By Order of Court datcd July 26, 1999, a Rul<; was issued upon the Rcspondent, Frank William Byers, to show cause, if any he may have, why (he Court should not cnter an Order compclling him to answer thc Interrogatories propoundcd to him within fifteen (15) days from the entry of such Order, and upon failure to do so, to suffer sanctions to hc imposcd hy further Ordcr of Court pursuant to Pa, R,C.P, 4019. 2, Said Rule further requircd Respondent to file an Answcr within twenty (20) days, Attached hereto is Exhibit "A" showing a copy of the Rule issucd in this matter. 3. Said Rule was served upon Mr. Bycrs' attorney, Marcus McKnight, Esquire by regular mail on July 29, 1999, 4, No Answer has bcen tiled by Respondcnl. WHEREFORE, it is respectfully requcstcd tlwt your Honorable Court cnter an Order making the Rule absolute and ordering Rcspondcnt to return completed Intcrrogatorics to Pctitioner's attorney Within fifteen (15) days, WALKER, VAN IIORN & MACBRIDE, a division of BARLEY, SNYDER, SENFT & COllEN, LLC By:.. ~:~'L<d''cc.~_?:':;!I_<W~~._,-~ Carol L. Van 110m. I!squire Altorncy for Petilioncr ('VII,ltlOll,~~ I FRANK WILLIAM BYERS, Plaintiff .---' . .-- fJL E It" IN THE COURT OF COMMON PLEAS OF "'UP Y CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW BETTY BYERS, Defendant NO..97.68~0 CIVIL TERM ORDER OF COURt AND NOW, this 26th day of July, 1999, upon consideration of Defendant's Petition To Compel Completion of Answers to Interrogatories, a Rulc is hereby issued upon Plaintiff to show cause why the reliefrcquested should not be granted, RULE RETURNABLE within 20 days of scrvice. BY THE COURT, /' . " I I I . ~/; 1 / /('-V/: j __ /. /1 / J. , csley blc~,T(-j /'. { j Marcus McKnight, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff Carol L. Van Horn, Esq. BARLEY, SNYDER, SE & COHEN, LLC Lincoln Way East Chambersburg, PA 17201 Attorney for Defendant :rc I. ,. J'L ~..:.. _ ..: ~ . .'.1.' lJ . ' 'tS99 'I ... ... h' ....7 (.. {l: ",' .. .' ,', ( ~,; lJJ-' ' ()'.'. , f"" '-"t L J. '{'. .,-. 1.."1; <'-. " --II C' J [,t,', I :.,' .;L I ..:, " ~\ : ; ~J CJ' (,) Rulc is returnable within 20 days of servicc, Thc af(lrcsaid Ordcr was scrved upon Plaintiffs attorney, Marcus McKnighl, Esquire by rcgular mail on July 29, 1999, ! ' 7. Therclll\er, Plaintiff 1(,i1cd to answer said intcrrogatorics. 8. On August 2S, 1999, Delendant Ii\cd a MOlion rcqucsting the Court to makc thc rulc absolute and 10 ordcr Plaintiff to ansIVcr intcrrogatorics within IS duys. 9, On August 31,1999, thc Honorablc 1. Wcslcy Oler, Jr, entered an Ordcr of Court ordering Plaintiff to complcte answers to intcrrogatorics within IS days ofservicc, 10, Thc August 31, 1999 Ordcr of Court was scrvcd on Marcus McKnight, Esquirc on September 2, 1999, Plaintiffs answcrs wcrc therefore due on Septcmber 17, 1999. II, On Octobcr 11, 1999 Dcfcndant reccivcd PluintilT's Answcrs to Intcrrogutorics, which answcrs wcrc incomplete und insuflicicnt. Spccificully, Pluintiff failcd to answcr Interrogatory Nos, 19,21,22, 23, 24, 2S, 26 und 28, In addition, Plaintiff responded "Nonc" to Interrogatory No, 27 requcsting documcntution conccrning a mutual fund udmittedly owned by Plaintiff, 12. The answcrs and documcnts rcqucstcd by Defcndant arc essential to thc propcr develllpment and present,ltion of hcr cuse, and without suid documcnts, Defendant's casc is unduly prejudiccd, Morcovcr, Plaintift's conduct in not timcly and complctely responding to Defendant's discovery rcqucst is totally unjustificd and has necessitatcd the filing of thc instant motion, WHEREFORE, Dcfendant rcspectfully rcqucsts that this Honorable Court schcdule a heuring und at said hcaring enter an Ordcr sanctioning Plainti ff by: (a) ordering him to IiIc complctc answers to Defcndant's interrogatories promptly; (b) prohibiting him from introducing into evidcnce uny contrary infonnation pertaining to Defcndant's rcquests for unswers to intcrrogatorics; '~ '&:1 ":1- ~ Q '" .{ ~ ~ ?c lJ') ~ ~ ..:l ~uP (",,:. 4~ .-:;,,-: , II..,~ :1 :c r.")." ft"I-J,' a.. (J~ 7}'-' :.1::"; ~~i ,'r' CQ -,'-=;: 1..,1." ~.;~ ~L.il fJ,: ~ f1iffi t..J ,~. Cl mh.. 0 m a cr. I-RANK WILLIAM BYlmS, I'el 111011 e 1'/ 1'lIlInll ff : IN TilE COllin (W COI\II\ION PLEAS 0... : ClII\IBEHLAN!) COli NT\', I'ENNSYI.VANI,\ v. ('lVII, M'TIOI'" -I.AW 1)7-(.HIJIl ('IVII. TEHI\I BETT\' ANN BYERS, I{espollde 11 tIDcfc lid UIII IN CIISTOny PETITION "OR ClISTO!)\, ANI) NOW, ~mnes Ihe Petilion~r, Frunk Willialllllyers, hy his atlOl'lleys, Irwin. M~Knight and lIugh~s, and pr~sents th~ lilllowing Pelition/ilr ClIstody, I, The PetilioneriPl,lintilfis Frllnk Williamll}ws. an "dult individual residin~ at I) Byers Road, Shippenshurg, Cumherland County, Pennsylvania 17257, ) The Respondent/Delcndant is Belly Ann IIYI'r:;, all adult individllal rl'siding ill '1'111 Ilidgc Road. Shippensburg, (:umberland ('lIl1nty. PI'nns} IVllJlin, 17.257. \, The parties arl' the n.,lural pilrents ortvlo dlildrell, '!:lIndy, ,\shky Mkhde IIYI'rs, bllrn November 5. 19H7. and Amy Lynn Ilyer';, b'lm Marl'll II, 1 'IX I. .1. rhe pmties were resi,knts of the ('lIlllllhHlwealt.h lit' l'ennsylvl\llia sln~e hirth. ... .. c;:; \. ': ..3 .j LI I' ') .~ ~'l , I ll.. I L'- ~11: '. 1 ' c-' ';t ....!': Li..I' I, c~;. " J lJ.. . ~, I, ~..j (1- i ;,C LI_ e> '5 U Cl U 1<1'1 \jJ.n:~'.U hl:';~?! CLJ:,'ll.'.Jiil ,.! " ..:..';nY I'Li~i';'.l'(I.:I,\'\I,\ , . , , ., . LAW OFFICES WALKER. VANHoRN &. MA9BRIDE,ADIVOF BARLEY,' SNYDER, SENFT & COHEN, LLC 2.7 LINCOLN WAY EAST. CHAMBEIlSBURO, PENNSYLVANIA mOl ., I . ~' FRANK WILLIAM BYERS. Plaintitl' IN TilE COURT OF COMMON PLEAS OF CUMBERl.AND COUNTY. PENNSYLVANIA v CIVIl. ACTION - LAW BETTY ANN BYERS. Defcndant NO, 97-6860 CIVIL IN CUSTODY Prior Judge: Edward E, Guido CONCILIATION CONFERENCE Sl1MMAIW REI'()RT IN ACCORDANCE WITII HIE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 19 15.3-8(b). the undersigned Custody Conciliator submits the following report: I. The pcrtinent informmion pcrtuining to the child who is thc su~jcct of this litigation is as lilllows: Ashley Michele llyers. bom November 5, 1987. 2. A Conciliation Conlcrence was held via telephone on July 28. 2000. with the Conciliator speaking with Marcus A. McKnight, III, Esquire, legal counsellilr the Father, and Anne S, Johnson, Esquire, lcgal coun,;c! tilr the Mother. 3. The parties agree to the cntry of an ordcr in the form ll~ attached. ~;;:5~ DATE C//Ir (<J J) Hubert X. Gilroy, Esquire Custody Conciliator