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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
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STATE OF
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TERRI L. MEYERS,
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Plaintiff
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VERSUS
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TERRY L. MEYERS,
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Defendant
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PENNA.
No.
01-513 Civil Term
DECREE IN
DIVORCE
AND
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DECREED THAT
TERRI L. MEYERS
, PLAINTIFF,
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AND
TERRY L. MEYERS
, DEFENDANT,
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ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET B't"N ENTERED;
VON(.
The Marital Settlement A~reement dated November 12. 2001 is
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orated but not mer ed into this Decree.
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AmS~4r
PROTHONOTARY
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TERRI L. MEYERS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. (7/- 5/,3
TERRY L. MEYERS, JR.,
Defendant
: CIVIL ACTION - LAW
: DIVORCE
COMPLAINT
COUNT 1 - DIVORCE
AND NOW comes Plaintiff, TERRI L. MEYERS, by her attorney, Kathy M.
Shughart, and files this Complaint, based upon the following:
1. Plaintiff, TERRI L. MEYERS, born September 27, 1956, is an adult
individual and national of the United States of America, who currently resides at 15 Lilo
Lane, Hummelstown, Dauphin County, Pennsylvania.
2. Defendant, TERRY L. MEYERS, JR., born March 4, 1965, is an adult
individual and national of the United States of America, who currently resides at 2023
Arlington Street, Camp Hill, Cumberland County, Pennsylvania.
3. Plaintiff and Defendant were married on July 28,1990 in Middletown,
Pennsylvania.
4. Plaintiff and Defendant separated on or about August 2000.
5. There are no children born of the marriage.
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6. Plaintiff has been a bona fide resident of this Commonwealth for at least
six (6) months immediately prior to the filing of this Complaint.
7. Defendant is not presently a member of the Armed Forces on active duty.
Plaintiff is not presently a member of the Armed Forces on active duty.
8. There are no pending actions in divorce or annulment in this jurisdiction
or in any other jurisdiction brought by either Plaintiff or Defendant above-named.
9. Plaintiff has been advised of the availability of counseling and that
Plaintiff may have the right to request that the court require the parties to participate in
counseling.
10. Plaintiff avers that the marriage is irretrievably broken.
II. The parties have been living separate and apart. At a subsequent time,
Plaintiff may submit an Affidavit that the parties have lived separate and apart for at least
two (2) years.
12. Plaintiff avers that Defendant has offered such indignities to the person of
the Plaintiff so as to render Plaintiff s condition intolerable and Plaintiff slife
burdensome.
WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree of
Divorce from the bonds of matrimony.
COUNT 2 - ALIMONY PENDENTE LITE.
COUNSEL FEES. COSTS AND EXPENSES
13. Paragraphs I through 12 are incorporated by reference herein.
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14. By reason of this action, Plaintiff will be put to considerable expense in
the preparation of her case, in the employment of counsel and the payment of costs.
15. The Plaintiff is without sufficient funds to support herself and to meet the
costs and expenses ofthis litigation, and is unable to appropriately maintain herself
during the pendency of this action.
16. Defendant has adequate earnings to provide for Plaintiff s support and to
pay her counsel fees, costs and expenses.
WHEREFORE, Plaintiff requests the court to award counsel fees, costs and
expenses and to compel Defendant to pay alimony pendente lite to Plaintiff.
DATE:
lly submitted,
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K thy . Shughart, Esqui e
Supreme Court ID #39779
27 South Arlene Street
Post Office Box 6315
Harrisburg, P A 17112-0315
(717) 540-8511
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TERRI L. MEYERS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO.
TERRY L. MEYERS,
Defendant
: CIVIL ACTION - LAW
: DIVORCE
VERIFICATION
I, TERRI L. MEYERS, verifY that the averments made in the within foregoing
document are true and correct. I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S.g 4904, relating tQ lUlsworn falsification to authorities.
DATE:
1-.;I3-01
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TERRI L. MEYERS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 0/- ~tJ
C-lu~L ~~
TERRY L. MEYERS,
Defendant
CIVIL ACTION - LAW
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.
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 the
Prothonotary .
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 TillS 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.
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
717-240-6200
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TERRI L. MEYERS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 01-513 CIVIL TERM
TERRY L. MEYERS,
Defendant
: CIVIL ACTION - DIVORCE
AFFIDAVIT OF SERVICE
I, Kathy M. Shughart, Esquire, hereby certify that a true and correct copy of the
Complaint for Divorce was served on the Defendant by certified mail, restricted delivery,
return receipt requested, on January 30, 2001, at the Defendant's last known address of:
2023 Arlington Street
Camp Hill, PA 17011
The return receipt card is attached hereto as Exhibit "A".
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athy '. Shu art, Esquire
27 S. Arlene Street
P.O. Box 6315
Harrisburg, PA 17112-0315
(717) 545-8511
Attorney for Plaintiff
Sworn to and subscribed before
me this QO+h day of
FebruO-''(\'' , 2001.
fYJ QO:l,[)(l A RJ-lfi\~
Notary Public
\. NOTARIAL SEAL .\
MELISSA A. POLING, Notary PUbliC" '
Lower Paxton Twp., Dauphin County I,
i My Commission Expires Sept. 1,200:
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I also wish to receive the
IoIIowlng servtces (for an
extra fee): ai
1. 0 Addressee's Addre.. .!!
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2. 129 Restricted Delivery rll
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Consult postmaster lor tee. ;;
4a. Article Numb~r !l
P 175 145 443 ~
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4b. Service Type
o Registered [l! Certified
o Express Mail 0 Insured
o Return Receipt for Mercl1andise 0 COD
7. Date of Diive
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8. Addressee's Addre.. (Only if requested
and fee Is paid)
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i . -~m",lete items 1 and/or 2 for additional services.
'is -Complete items 3. 4a, and 4b.
:= -Print your name and address on the revel'S6 of this form so that we can return this
... card,to you.
~ -Attach this form to the front of the mailpiece. or on the back if space does not
f permit.
IJJ -Write"Return Receipt R9Qussted" on the mailpiece below the article number.
=: -The Return Receipt will show to whom the article was delivered 'and the date
delivered.
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.., 3. Article Addressed to:
tTERRY L MEYERS, JR
~2023 ARLINGTON STREET
~ CAMP HILL PA 17011
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PS Fonn 3811, December 1994
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EXHIBIT "A"
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Domestic Return Receipt
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TERRI L. MEYERS,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO: 01-513 Civil Term
TERRY L. MEYERS,
Defendant
: Civil Action - Law
: Divorce
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
January 24, 2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of 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 ofthe decree.
I verify the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities.
Date: loJ.. II . 0 /
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TERRI L. MEYERS,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO: 01-513 Civil Term
TERRY L. MEYERS,
: Civil Action - Law
Defendant
: Divorce
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE
DECREE UNDER SECTION 3301(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[ 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 the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. section 4904 relating to
unsworn falsification to authorities.
Date: I cl- / / -IJ I
i L. Meyers, Plaintiff
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TERRI L. MEYERS,
Plainti::
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL V ANII_
: NO: 01-513 Civil Term
v.
TERRY L. MEYERS,
: Civil Action - Law
Defendant
: Divorce
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
January 24, 2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of 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.
I verify the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities.
Date: 1J.-IO -() 1
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TERRI L. MEYERS,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO: 01-513 Civil Term
TERRY L. MEYERS,
Defendant
: Civil Action - Law
: Divorce
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE
DECREE UNDER SECTION 3301(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 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 the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. section 4904 relating to
unsworn falsification to authorities.
Date: l~:-]() - 0 1
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Terry L~ers, Defenda
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01- 513 c..iull ~n-. .
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MMUTALSETTLEMENTAGREEMENT
THIS AGREEMENT, is made this I..:L day of~~ VC ,'Iii .h { Y , 200 I,
by and between TERRI L. MEYERS, ofHummelstown, Dauphin County,
Pennsylvania, hereinafter referred to as "Wife" and TERRY L. MEYERS, JR., of Camp
Hill, Cumberland County, Pennsylvania, hereinafter referred to as "Husband."
WHEREAS, the parties were married on July 28, 1990; and
WHEREAS, in consequence of disputes and unhappy differences, the parties have
separated and are now and for some time have been living apart from each other and
since their separation, have agreed to live separately and apart during the rest oftheir
lives; and
WHEREAS, the parties desire to confirm their separation and make arrangements
in connection therewith, including the settlement of their property rights and any other
rights and obligations growing out ofthe marriage relationship.
IT IS THEREFORE AGREED by and between the parties that:
1. CONSIDERATION. The consideration for this Agreement is the mutual
promises and agreements herein contained.
2. SEPARATION. It shall be lawful for each party at all times hereafter to Jive
separate and apart from the other party at such place or places as he or she may from time
to time choose or deem fit.
3. NO INTERFERENCE. Each party shall be free from interference, authority
and control, direct or indirect, by the other as fully as if he or she were single and
unmarried. Neither shall molest the other, nor compel, nor endeavor to compel the other
to cohabit or dwell with him or her.
4. DIVISION OF MARITAL AND PERSONAL PROPERTY. Other than as
set forth in this Agreement, the parties hereto agree that the marital property and personal
property of the parties has been divided to their mutual satisfaction. The parties agree
that they shall retain all personal property in their respective possession and waive all
rights as to marital property and personal property in the possession of the other spouse as
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of the date of the execution of this Agreement. It is specifically acknowledged that
Husband shall retain possession of the parties' two cats, Sebastian and Oscar.
S. RELEASE OF INTEREST IN SEPARATE ASSETS. The parties hereto
agree to waive any and all right to claim any interest or share in the separate assets
retained by the other spouse. TIlls waiver and release specifically includes any interest in
each other's pension, employee benefits, life insurance, business interests, and any and all
other separate assets.
6. WAIVER OF CLAIMS AGAINST ESTATES. Each party may dispose of his
or her property in any way and each party hereby waives and relinquishes any and all
right he or she may now have or may hereafter acquire, under the present or future laws
of any jurisdiction, to share in the property or the estate of the other as a result of the
marital relationship including, without limitation, dower, thirds, curtesy, allowance,
widow's allowance, homestead rights, right to take in intestacy, right to take against the
will of the other, right to act as administrator/executor of the other's estate, and each
party will at the request ofthe other, execute, acknowledge and deliver any and all
instruments which may be necessary or advisable to carry into effect this mutual waiver
and relinquishment of all such interests, rights and claims.
7. MUTUAL RELEASE. Subject to the provisions of this Agreement, each party
has released and discharged, and by this Agreement does for himself or herself, and his or
her heirs, legal representatives, executors, administrator, and assigns, release and
discharge the other from all causes or action, claims, rights, or demands whatsoever, in
law or equity, which either of the parties ever had or now has against the other, except
any or all cause or causes of action for divorce.
8. WAIVER OF RIGHTS. The parties hereto have been informed of their rights
or have been advised to seek counsel to inform them of their rights under and pursuant to
the Divorce Code, particularly the provisions concerning alimony, alimony pendente lite,
equitable distribution of marital property, counsel fees or expenses. Both parties agree
that this Agreement shall conclusively provide for the distribution of property under the
said law and hereby waive, release and relinquish any further rights they may respectively
have against the other for alimony, alimony pendente lite, equitable distribution of
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marital property, counsel fees or expenses.
9. AFTER-ACOUlRED PROPERTY. Each of the parties shall hereafter own
and enjoy, independently of any claim or right of the other, all items of property, be they
real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her
with full power in him or her to dispose of the same as fully and effectively, in all
respects and for all purposes, as though he or she were unmarried.
10. MOTOR VEIDCLES. The parties agree that Wife shall be solely responsible
for the 1992 Ford Escort vehicle and Husband shall be solely responsible for the 1986
Toyota pick-up truck vehicle and the 2000 Harley Davidson FXDS motorcycle. The
parties ag:uee that they will hold each other free and harmless from any and all liability as
a result of their ownership of their respective vehicle. The parties further agree that they
will transfer the titles to the respective vehicles within thirty days of the date hereof
11. REAL ESTATE. Husband owns an improved property in Camp Hill,
Pennsylvania, known as 2023 Arlington Street, Camp Hill, Cumberland County,
Pennsylvania, which was purchased during the parties' marriage. Said property is subject
to a mortgage with Pennsylvania Housing Finance Agency. Husband shall retain
ownership of the real estate. Husband further agrees to assume responsibility for the
payment of the unpaid mortgage balance, together with interest thereon, and hereby
agrees to hold Wife free and harmless from any and all liability as a result of non-
payment of the mortgage by him.
12. LUMP SUM PAYMENT. In consideration of Wife's waiver of all rights
arising from the marital relationship, except as provided herein, Husband shall pay her
the lump sum of Fifteen Thousand ($15,000.00) Dollars. The first payment of Five
Thousand ($5,000.00) Dollars shall be paid within two years from the date of execution
of this Agreement. The remaining Ten Thousand ($10,000.00) Dollars shall be paid
within seven years from the date of execution of this Agreement. This amount may be
prepaid. This amount shall become due and payable in full in the event ofthe sale of the
marital residence referred to in Paragraph 11 herein or in the event of a loan for which the
marital residence is collateral.
13. MORTGAGE. Wife shall hold a mortgage against the marital residence
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located at 2023 Arlington Street, Canlp Hill, Cumberland County, Pennsylvania, in the
anlount of Fifteen Thousand ($15,000.00) Dollars to secure the payment of the lump sum
referred to in Paragraph 12 herein. Any and all costs associated with the preparation and
recording of said mortgage shall be the responsibility of Wife.
14. WIFE'S BUSINESS. Wife is the sole owner of a business enterprise known as
Tress & Tan, currently located at 20 S. John Street (Front), Hummelstown, Dauphin
County, Pennsylvania. Husband hereby waives any and all rights or interest he may have
in said business by virtue of the parties' marriage. Wife shall be solely responsible for
any debt or other liabilities arising from her ownership of said business.
15. ACCOUNTS. The parties agree that Husband shall be the sole owner of the
checking and saving accounts at Mellon Bank and the saving account at U.S. Airways
Federal Credit Union. Wife shall be the sole owner of the Commerce checking account
for her business, Tress and Tan.
16. PARTIES' DEBTS. The parties shall be solely responsible for any and all
debts which remain in their nanle as of the date hereof, and specifically acknowledge that
Wife shall be solely responsible for payment of the Mellon Bank loan #0275040709274
in the approximate anlount of $4,000.00 and Husband shall be solely responsible for the
mortgage referred to in Paragraph 11, utilities relative to his real estate and the VISA
(Account #4039465014520110). The parties agree that they will hold each other free and
harmless from any and all liability as a result of their respective debt.
17. WAIVER OF PENSION AND OTHER EMPLOYEE BENEFITS. The
parties hereby waive any and all right to claim any interest or share in each other's
pension or individual retirement accounts. The parties acknowledge that Husband has a
401(k) plan through his employer US Airways and Wife has an Individual Retirement
Account with Metropolitan Life which includes a retirement disbursement from AMP.
18. INTENDED TAX CONSEOUENCES. By this Agreement, the parties have
intended to effectuate an equal division of their marital property. The parties have
determined that such equal division conforms to a right and just standard with regard to
the rights of each party. The division of existing marital property is not intended by the
parties to constitute in any way a sale or exchange of assets and the division is being
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effected without the introduction of outside funds or other property not constituting the
marital estate. As a part of the equal division of the marital properties and the marital
settlement herein contained, the parties agree to hold each other free and harmless from
all income taxes assessed against the other resulting from the division of the property as
herein provided.
19. TAX FILINGS All federal, state and local tax returns required to be filed by
the parties have been filed, and all federal, state and local taxes required to be paid with
respect to the periods covered by the returns have been paid. Neither party has been
delinquent in the payment of any tax, assessment, or governmental charge. Neither party
has had any tax deficiency proposed or assessed against him or her, nor has executed any
waiver of the statute of limitations on the assessment or collection of any tax.
1.9.A. In the event that there be any deficiencies in state or federal income taxes,
including penalties and interest, related to the joint income tax returns of the parties for
years prior to tax year 2001 (the year of the divorce decree), it is agreed that the parties
shall be proportionately entitled to any refund due to the parties for those years; with the
exception that if the deficiency is the sole result of one party, then that party shall be
solely responsible for said deficiency. Accordingly, the parties shall be proportionately
responsible for the payment of any and all costs of defending the parties against any
asserted deficiencies, or of prosecuting any refund claim; with the exception that if the
deficiency is the sole result of one party, then that party shall be solely responsible for all
costs associated with the defense against such deficiency. Both parties agree to cooperate
fully in filing any and all necessary pleadings and documents, including protests,
petitions, refund claims, and powers of attorney.
20. REPRESENTATION BY COUNSEL. The parties acknowledge that both
have sought or have had the opportunity to seek independent legal counsel. The parties
further acknowledge that Wife is represented by Kathy M. Shughart, Esquire and at no
time has Husband been represented by Kathy M. Shughart, Esquire. Husband is not
represented by Counsel but has had the opportunity to review this Agreement and consult
with an attorney should he so desire.
21. DIVORCE. The parties hereto agree to enter into a mutual consent divorce.
5
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The parties agree to execute the Affidavits of Consent and other requisite documents
necessary to finalize the divorce simultaneous with this Agreement.
22. BREACH. If either party breaches any provision of this Agreement, the other
party shall have the right, at his or her election, to sue for damages of such breach or seek
such other remedies as may be available to him or her, and the party breaching this
Agreement shall be responsible for payment oflegal fees and costs incurred by the other
in enforcing their rights under this Agreement
23. FINANCIAL DOCUMENT DISCLOSURE. The parties waive their rights to
require the filing of financial statements by the other, although they have been advised
that it is their legal right to have such disclosures prior to entering into this Agreement
By executing this Agreement, the parties hereby acknowledge their satisfaction with the
information presently available to the~ each represents to the other that he or she has
made a full and complete disclosure to the other of all assets and financial information of
any nature whatsoever in which such party has an interest, and agree not to use non-
disclosure as a basis to overturn this Agreement.
24. EXECUTION OF DOCUMENTS. Both parties hereby agree to execute any
documents required to implement this Agreement
25. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time to time,
at the request of the other, execute, acknowledge, and deliver to the other any and all
further instruments that may be reasonably required to give full force and effect to the
provisions of this Agreement
26. SUBSEOUENT RECONCILIATION. The parties agree that the terms of this
Agreement shall not be effected by their subsequent reconciliation or resumption of
marital relations unless the parties otherwise specifically agree in writing.
27. ENTIRE AGREEMENT. This Agreement contains the entire understanding
of the parties and there are no representations, warranties, covenants or undertakings
other than those expressly set forth herein.
28. MODIFICATION AND WAIVER. A modification or waiver of any ofthe
provisions of this Agreement shall be effective only ifmade in writing and executed with
the same formality as this Agreement The failure of either party to insist upon strict
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performance 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.
29. PARTIAL INVALIDITY. If any provisions of this Agreement are held to be
invalid or unenforceable, all other provisions shall nevertheless continue in full force and
effect.
30. VOLUNTARY EXECUTION. The parties hereby acknowledge that this
Agreement is fair and equitable and that it is entered into freely and voluntarily, and that
it is not the result of any duress or undue influence.
31. AGREEMENT INCORPORATED IN DIVORCE DECREE. This
Agreement shall be incorporated but not merged into the parties' divorce decree.
32. APPLICABLE LAW. This Agreement shall be construed in accordance with
the laws of the Commonwealth of Pennsylvania.
33. BINDING EFFECT. Except as otherwise stated herein, all provisions of this
Agreement shall be binding upon the respective heirs, executors, or administrators of the
parties.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
date and year first above written.
WITNESS:
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ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPlliN
On this, the I;) -11\ day of Jh j,U fit ~ , 200 I, before me,
.
the undersigned officer, a Notary Public in and for said County and State, personally appeared
Terri L. Meyers, known to me or satisfactorily proven to be the person whose name is subscribed
to the within instrument, and acknowledged the above Marital Settlement Agreement to be her
voluntary act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and seal.
0!?;;~~ A-t:J<-
NOTARIAL SEAL
Louise A. Tack, Notary Public
HUTTl1nelstown Bora. Dauphin County
I My Commisston Expires May 27. 2002
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
On this, the Jdt'1 day of III i) ),U-'n1lv-< ,2001, before me,
the undersigned officer, a Notary Public in and for said County and State, personally appeared
Terry L. Meyers, Jr., known to me or satisfactorily proven to be the person whose name is
subscribed to the within instrument, and acknowledged the above Marital Settlement Agreement
to be his voluntary act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and seal.
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NOTARIAL SEAL
Louise A. Tack. Notary Public
Hummelstoum Bora. Dauphin County
My Commission EX]-'ri:res' May 27. 2002
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TERRI L. MEYERS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-513 Civil Term
TERRY L. MEYERS,
Defendant
: CIVIL ACTION - DNORCE
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 3301(c) of the Divorce
Code.
2. Date and marmer of service of the complaint: Certified mail, restricted
delivery, No. Pl75 145443, dated January 30, 2001, pursuant to an Affidavit of Service
signed by Kathy M. Shughart, Esquire, attorney for the Plaintiff, and filed February 22,
2001.
3. Date of execution of the affidavit of consent required by Section 3301(c)
of the Divorce Code: by the Plaintiff on December 11, 2001; by the Defendant on
December 10,2001.
4. Related claims pending: None; see Marriage and Property Settlement
Agreement dated November 12,2001.
Plaintiff's SSN - 191-46-4479
Defendant's SSN -186-50-7666
Respectfully submitted,
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Attorney for Plaintiff
P.O. Box 6315
27 S. Arlene Street
Harrisburg, P A 17112-0315
(717) 540-8511
Supreme Court #39779
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TERRI L. MEYERS,
Plaintiff
v.
TERRY L. MEYERS,
Defendant
TO THE PROTHONOTARY:"
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO: 01-513
Respectfi}lly submitted,
:- Civil Action - Law
: Divorce
PRAECIPE
,,- ',;'.." . .' . <"..~ ""<....~'..,"_ ..,.",~,. ~"'_.-"u_ ~.,' ,., _'..' ''''''~ '-'..~'_.', '",''''' .
please withdraw Plaintiffs Petition For Civil Contempt Pursuant To PA. R. Civ.
P. No. 1915.14 in the above captioned action which was filed on April 14, 2004.
Date: 6/2/04
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Kathy M. Sh hart, Esq.
Attorney for Plaintiff
27 South Arlene Street
P.O. Box 6315
Harrisburg, PA 17112-0315
(717) 540-8511
Supreme Court #39779
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TERRI L. MEYERS,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO: 01-513
TERRY L. MEYERS,
Defendant
: Civil Action - Law
: Divorce
CERTIFICATE OF SERVICE
I hereby certify that I have on this day served a true and correct copy of the
Praecipe on the persons and in the manner indicated below, which service satisfies the
requirements ofPa.R.Civ.P. 440.
Service by first class mail addressed as follows:
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Terry L. Meyers, Jr.
2023 Arlington Street
Camp Hill, P A 17011
Dated: 6/2/04
Respectfully submitted,
a ~sDart, Esq. L
Attorney for Plaintiff
27 S. Arlene Street
P.O. Box 6315
Harrisburg,PA 17112-0315
(717) 540-8511
Supreme Court #39779
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TERRI L. MEYERS,
Plaintiff
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TERRY L. MEYERS,
Defendant
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
NO. 01-513 CIVIL TERM
ORDER OF COURT
AND NOW, this 4th day of June, 2004, upon consideration of the attached letter
from Kathy M. Shughart, Esq., attorney for Plaintiff, the hearing previously scheduled for
June 17,2004, is cancelled.
Kathy M. Shughart, Esq.
27 South Arlene Street
P.O. Box6315
Harrisburg, PA 17112-0315
Attorney for Plaintiff
Terry L. Meyers
2023 Arlington Street
Camp Hill, PA 17011
Defendant, pro se
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BY THE COURT,
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Xathy M. Shughart
Attorney at Law
27 South Arlene Street
P.O. Box 6315
Harrisburg, Pennsylvania 17112-0315
Phone: (717) 540-8511
Fax: (717) 671-9601
June 2, 2004
The Honorable Wesley Oler, Jr.
Cumberland County Court House
One Court House Square
Carlisle, PA 17013
RE: Meyers v. Meyers
No. 01-513
Dear Judge Oler:
Please consider tbis letter as a courtesy advising that the hearing scheduled for
Thursday June 17,2004 at 9:30 a.m. in the above-referenced case in the matter of
Plaintiff's Petition For Contempt will not be necessary. I have filed a Praecipe to
withdraw our Petition since the issue has been resolved. I wanted to give you notice so
that you may free your schedule.
Thank you.
Cordi y,
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KMS:ccs
cc: Terri Meyers
Court Administrator
Terry Meyers
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TERRI L. MEYERS,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO: 01-513
TERRY L. MEYERS,
Defendant
: Civil Action - Law
: Divorce
PETITION FOR CIVIL CONTEMPT
PURSUANT TO PA. R. CIV. P. NO. 1915.14
AND NOW comes Plaintiff, Terri L. MeJ:er~, by her attorney, Kathy M.
Shughart, Esquire, and files this Petition, based upon the following:
I. Plaintiff, Terri L. Meyers, (hereinafter referred to as "Wife") is an adult individual
residing at 2203B Third Street, Steelton, Dauphin County, Pennsylvania.
2. Defendant, Terry L. Meyers, (hereinafter referred to as "Husband") is an adult
individual whose last known address is 2023 Arlington Street, Camp Hill, Cumberland
County, Pennsylvania.
3. The parties were divorced by Decree dated December 27,2001.
4. The parties' Marital Settlement Agreement dated December 12, 2001 was
incorporated but not merged in the Decree in Divorce. A true and correct copy of the
Decree and Marital Settlement Agreement is attached hereto and incorporated by
reference herein as Exhibit "A."
5. Paragraphs 12 of the Marital Settlement Agreement provides, in pertinent part,
that Husband is to pay Wife the sum of Fifteen Thousand Dollars in accordance with a
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specified payment schedule. The first payment of Five Thousand Dollars was due
December 12, 2003.
6. Husband has failed to remit such payment to Wife.
7. Rather, Husband gave Wife the sum of Five Hundred Dollars and has stated that
he can not pay the remaining Foui- Thousand FlveHluidredI>oll~s.
8. Husband has willfully failed to abide by the terms of the Marital Settlement
Agreement by failing and refusing to remit the sum of Five Thousand Dollars to Wife on
or before December 12,2003.
9. Paragraph 22 provides that a party in breach of the terms of the Marital Settlement
Agreement shall be responsible for payment of attorney fees of the other party.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to do the
following:
A. Hold Defendant in Contempt of Court for failure to comply with the terms
of the Marital Settlement Agreement incorporated in the Decree in Divorce dated
December 27, 2001.
B. Order Defendant to pay Plaintiff the sum of Four Thousand Five Hundred
Dollars within ten days, or incur late fees and interest in the amount of Fifty Dollars per
day.
C. Order Defendant to pay Plaintiffs attiJlney fees aSsoCiated With the
preparation and litigation of this contempt proceeding within twenty days.
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D. Any other relief as the Court deems appropriate.
Respectfully submitted,
(h-
Kathy M. Shughart, Esq.
Attorney for Plaintiff
27 South Arlene Street
P.O. Box 6315
Harrisburg, PA 17112-0315
(717) 540-8511
Supreme Court #39779
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TERRI L. MEYERS,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO: 01-513
TERRY L. MEYERS,
Defendant
: Civil Action - Law
: Divorce
VERIFICATION
I verify that the statements made in this Petition for Contempt are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
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TERRI L. MEYERS,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO: 01-513
TERRY L. MEYERS,
Defendant
, .
: Civil Action - Law
: Divorce
CERTIFICATE OF SERVICE
I hereby certify that I have on this day served a true and correct copy of the
Petition for Contempt on the person and in the manner indicated below, which service
satisfies the requirements ofPa.R.Civ.P. 440.
Service by first class mail to:
Terry L Meyers .
2023 Arlington street
Camp Hill, PA 17011
Dated: Y-I ~ -o....{
Respectfully submitted,
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Kathy M. Shughart, Esq,--
Attorney for Plaintiff
27 South Arlene Street
P.O. Box 6315
, Harrisburg,PA 17112-0315
(717) 540-8511
Supreme Court #39779
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TERRI L. MEYERS,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO: 01-513
TERRY L. MEYERS,
Defendant
: Civil Action - Law
: Divorce
ORDER
AND NOW, to wit, this ~ day Of~, 2004, upon
consideration of the foregoing Petition for Contempt, a hearing on the issue of Contempt
shall be held before the undersigned on ~. Jtuu.- 17 ,2004, at
q :30 o'clock (L.m. in Courtroom No. /, in the Cumberland County
Court House, One Court House Square, Carlisle, Peunsylvania.
BY THE COURT:
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