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HomeMy WebLinkAbout01-04950OCT 012009 Y, JULIE MYERS, vs. MICHAEL MYERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-4950 : CIVIL ACTION - LAW Defendant : CUSTODY INTERIM ORDER OF COURT Bayley, J. - AND NOW, this day of October, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Custody Order shall supercede the custody provisions provided in Paragraph 6 of the August 30, 2001, Protection From Abuse Order docketed at 95-3498 Civil Term. 2. Legal Customs. The parties, Julie Myers and Michael Myers, shall have shared legal custody of the minor Children, Corey Myers, born October 9, 1987, and Lauren Myers, born December 4, 1989. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. § 5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody. Pending further Order of Court or an agreement of the parties, Mother shall have majority physical custody subject to Father's rights of liberal partial custody arranged as follows: A. To commence September 27, 2001, on alternate weekends, from Thursdays from the time school is adjourned until school resumes the following Monday. B. To commence October 3, 2001, on Wednesdays from the time school is adjourned until it resumes on Thursday morning each week.. No. 01-4950 Civil Term 4. The parties shall submit themselves and their minor Children to an independent custody evaluation to be performed by Dr. Stanley Schneider. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. The cost of the evaluation shall be born equally by the parties. 5. Within ten days following counsels' receipt of the report, counsel for either party may request that the Custody Conciliation Conference reconvene. Alternatively, the counsel may request that the matter beset for a hearing before the Court. 6. The parties shall be prohibited from any discussion of custody, divorce, or protection from abuse litigation in the presence or earshot of the minor Children. 7. Counsel for the parties will attempt to workout a more detailed custodial arrangement to include the sharing or alternating of holiday time pending the resolution of the custody litigation or an.agreement of the parties.. In the event that counsel need assistance with working out the holiday schedule, an additional Custody Conciliation Conference may be scheduled for that specific purpose. BY THE COORT, Edgar B. BayI Vy(J. Dist: Edward J. Weintraub, Esquire, 2650 N. Third Street, Harrisburg, PA 17110 Max J. Smith, Esquire, 134 Sipe Avenue, Hershey, PA 17033 LO!-3 01 ad t 5 Y-I b {{ 9{? C7 '!i JULIE MYERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-4950 MICHAEL MYERS, : CIVIL ACTION - LAW Defendant : CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Corey Myers October 9, 1987 Mother Lauren Myers December 4, 1989 Mother 2. A Custody Conciliation Conference was held on September 25, 2001, with the following individuals in attendance: the Mother, Julie Myers, and her counsel, Edward J. Weintraub, Esquire; the Father, Michael Myers, and his counsel, Max J. Smith, Jr., Esquire. 3. The parties reached an agreement in the form of an Interim Order as attached. df Date e i a Peel reevy, Custody Conciliator JULIE MYERS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-4950 MICHAEL MYERS, : CIVIL ACTION -LAW Defendant : CUSTODY ORDER AND NOW this 13 day of , 2002, upon presentation and consideration of the within Motion, it is hereby dered and Decreed that a hearing is set for the lO'?-L day of C)Q 2002, at TA?S o'clock jc&_.m., Courtroom No. ;?L , Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. gl9oa ftKs L D. attT sm;tk keg eR 9- Me-k z, j r: SJ JULIE MYERS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 01-4950 MICHAEL MYERS, : CIVIL ACTION -LAW Defendant : CUSTODY MOTION FOR HEARING AND NOW comes the Defendant, MICHAEL MYERS, by his attorney, MAX J. SMITH, JR., Esquire, and respectfully submits as follows: Plaintiff is JULIE MYERS, who currently resides at 226 Brian Drive, Enola, Cumberland County, Pennsylvania. 2. Defendant is MICHAEL MYERS, who currently resides at 67 Sherwood Circle, Enola, Cumberland County, Pennsylvania. The parties are the parents of two children, same being COREY MYERS, born October 9, 1987, and LAUREN MYERS, bom December 4, 1989. 4. On August 23, 2001, Plaintiff filed a Complaint to Confirm Custody. 5. A custody conference was held on September 25, 2001 before Conference Officer Melissa P. Greevy, Esquire, a result of which an Order of Court was issued on October 2, 2001 by the Honorable Edgar B. Bayley (see copy of Order, marked Exhibit "A", attached hereto and made part hereof). 6. Said Order dated October 2, 2001 appointed Stanley Schneider, Ed.D. of Guidance Associates of Pennsylvania to perform a custody evaluation of the parties and their children. 7. Dr. Schneider has completed his report, and issued a custody evaluation report on June 24, 2002, which was received by counsel via fax transmittal on July 16, 2002. 8. The Order dated October 2, 2001 indicates that "counsel for either party may request that he Custody Conciliation Conference reconvene. Alternatively, the counsel may request that the matter be set for a hearing before the Court." 9. The parties would not benefit from another custody conference, and therefore Defendant, MICHAEL MYERS, respectfully requests that this matter be scheduled for a hearing to determine the final disposition of this case. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter an Order setting this matter for hearing. Respectfully submitted, Date: August 2002 Im - MAX J. SMITH, JIV, Esquire I.D. No. 32114 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 OCT ` 12? 01 JULIE MYERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY. PENNSYLVANIA vs. : NO. 01-4950 MICHAEL MYERS, : CIVIL ACTION - LAW Defendant : CUSTODY INTERIM ORDER OF COURT Bayley, J. - t n AND NOW, this r day of October, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Custody Order shall supercede the custody provisions provided in Paragraph 6 of the August 30, 2001, Protection From Abuse Order docketed at 95-3498 Civil Term. 2. Legal Custodv. The parties, Julie Myers and Michael Myers, shall have shared legal custody of the minor Children, Corey Myers, born October 9, 1987, and Lauren Myers, born December 4, 1989. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. § 5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody. Pending further Order of Court or an agreement of the parties, Mother shall have majority physical custody subject to Father's rights of liberal partial custody arranged as follows: A. To commence September 27, 2001, on alternate weekends, from Thursdays from the time school is adjourned until school resumes the following Monday. B. To commence October 3, 2001, on Wednesdays from the time school is adjourned until it resumes on Thursday morning each week. No. 01-4950 Civil Term 4. The parties shall submit themselves and their minor Children to an independent custody evaluation to be performed by Dr. Stanley Schneider. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. The cost of the evaluation shall be born equally by the parties. 5. Within ten days following counsels' receipt of the report, counsel for either party may request that the Custody Conciliation Conference reconvene. Alternatively, the counsel may request that the matter be set for a hearing before the Court. 6. The parties shall be prohibited from any discussion of custody, divorce, or protection from abuse litigation in the presence or earshot of the minor Children. 7. Counsel for the parties will attempt to work out a more detailed custodial arrangement to include the sharing or alternating of holiday time pending the resolution of the custody litigation or an agreement of the parties. In the event that counsel need assistance with working out the holiday schedule, an additional Custody Conciliation Conference may be scheduled for that specific purpose. BY THE COURT, S Edgar B. r yley, J. Dist: Edward J. Weintraub, Esquire, 2650 N. Third Street, Harrisburg, PA 17110 Max J. Smith, Esquire, 134 Sipe Avenue, Hershey, PA 17033 TRUE Cor„ In Testimony when. and t •seal of said rhia - ,j-./ ..,. k A r ,WJ R® I j =et my hand cart 'e., Pa. JULIE MYERS, vs. MICHAEL MYERS, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4950 CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAM DATE OF BIRTH CURRENTLY IN CUSTODY OF Corey Myers October 9, 1987 Mother Lauren Myers December 4, 1989 Mother 2. A Custody Conciliation Conference was held on September 25, 2001, with the following individuals in attendance: the Mother, Julie Myers, and her counsel, Edward J. Weintraub, Esquire; the Father, Michael Myers, and his counsel, Max J. Smith, Jr., Esquire. 3. The parties reached an agreement in the form of an Interim Order as attached. Date Me i a Peel reevy, Esquir Custody Conciliator JULIE MYERS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-4950 MICHAEL MYERS, : CIVIL ACTION -LAW Defendant : CUSTODY CERTIFICATE OF SERVICE AND NOW, this 1 day of August, 2002, I, MAX J. SMITH, JR., Esquire, Attorney for Defendant, hereby certify that I have this day sent a copy of Motion for Hearing by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Reager & Adler Attn: Debra D. Cantor, Esquire 2331 Market Street Camp Hill, PA 17011-4642 MAX J. SMITH, JR[, Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Durkin & Connelly rrr P.O. Box 650 Hershey, PA 17033 (717) 533-3280 r.:s i ? i ?4?, c ' ? ? Yzl 1 . 37 1" i r= ' ?.- ?.. _` e?'` :r'-?i p\ ? r ?- JULIE MYERS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : NO. 01-4950 MICHAEL MYERS, CIVIL ACTION -LAW Defendant CUSTODY MOTION FOR CONTINUANCE AND NOW comes the Defendant, Michael Myers, by his attorney, Max J. Smith, Jr., Esquire, and respectfully states as follows: On July 31, 2002, pursuant to an Emergency for the Return of a Minor Child in Violation of Court Order and Petition for Contempt filed by Plaintiff, the Honorable Edgar B. Bayley issued an Order scheduling a hearing for August 14, 2002 at 1:30 p.m. 2. Because Defendant's attorney will be on vacation during the entire week of the scheduled hearing, it is respectfully requested that this hearing be continued. When advised of said vacation conflict, counsel for Plaintiff, Debra Denison Cantor, Esquire, initially did not object to this matter being continued. 4. On August 6, 2002, Ms. Denison Cantor left a voice message with Defendant's counsel objecting to the case being continued. 5. This is the first request for a continuance in this case, and neither party shall be prejudiced by the rescheduling of the hearing. WHEREFORE, Defendant respectfully requests that the aforesaid contempt hearing be continued until the next available convenient date. Re ectfully submi ed, Date: August 6, 2002 MAX J. SMITH, Esquire I.D. No. 32114 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 JULIE MYERS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-4950 MICHAEL MYERS, CIVIL ACTION -LAW Defendant CUSTODY CERTIFICATE OF SERVICE AND NOW, this Kk day of August, 2002, I, MAX J. SMITH, JR., Esquire, Attorney for Defendant, hereby certify that I have this day sent a copy of Motion for Continuance by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Reager & Adler Attn: Debra D. Cantor, Esquire 2331 Market Street Camp Hill, PA 17011-4642 01 ? ?p - MAX J. SMITH, JR., quire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 c7 c-> c> c_ rv -? '?_' s" _ -- ' f r i"^ 'J?. .?. r:i:: `r7 _ iC? _ -, ??,, ac, =- r - '' `S rn -° .:. _. .-{ J w { JULIE MYERS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 01-4950 MICHAEL MYERS, CIVIL ACTION -LAW Defendant CUSTODY MOTI6N FOR CONTINUANCE AND NOW comes the Defendant, Michael Myers, by his attorney, Max J. Smith, Jr., Esquire, and respectfully states as follows: 1. On July 31, 2002, pursuant to an Emergency for the Return of a Minor Child in Violation of Court Order and Petition for Contempt filed by Plaintiff, the Honorable Edgar B. Bayley issued an Order scheduling a hearing for August 14, 2002 at 1:30 p.m. 2. Because Defendant's attorney will be on vacation during the entire week of the scheduled hearing, it is respectfully requested that this hearing be continued. When advised of said vacation conflict, counsel for Plaintiff, Debra Denison Cantor, Esquire, initially did not object to this matter being continued. 4, On August 6, 2002, Ms. Denison Cantor left a voice message with Defendant's counsel objecting to the case being continued. This is the first request for a continuance in this case, and neither party shall be prejudiced by the rescheduling of the hearing. WHEREFORE, Defendant respectfully requests that the aforesaid contempt hearing be continued until the next available convenient date. Respectfull ubmitted, Date: August 6, 2002 MA)Z J. SMITH, JR., squire I.D. No. 32114 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 JULIE MYERS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 01-4950 MICHAEL MYERS, CIVIL ACTION -LAW Defendant CUSTODY CERTIFICATE OF SERVICE AND NOW, this -L day of August, 2002, I, MAX J. SMITH, JR., Esquire, Attorney for Defendant, hereby certify that I have this day sent a copy of Motion for Continuance by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Reager & Adler Attn: Debra D. Cantor, Esquire 2331 Market Street Camp Hill, PA 17011-4642 qk*_A9 MAX J. SMITH, JR, squire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 --1 f JULIE MYERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MICHAEL MYERS, Defendant NO. 01-4950 CIVIL TERM ORDER OF COURT AND NOW, this 4 h day of September, 2001, upon consideration of Plaintiff's Petition To Prevent Dissipation of Marital Assets, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Edward J. Weintraub, Esq. 2650 North Third Street Harrisburg, PA 17110 Attorney for Plaintiff Michael Myers 67 Sherwood Circle Enola, PA 17025 Defendant, Pro Se :rc t; -- 7" c 60 JULIE MYERS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW Q MICHAEL MYERS, No. ©( 4-w) 0,,,,L Defendant : IN DIVORCE ORDER AND NOW, this day of 2001, upon consideration of the within Plaintiff Petition to Prevent Dissipation of Marital Assets, it is hereby ORDERED and DECREED that Plaintiff, Julie Myers, and Defendant, Michael Myers, are hereby mutually enjoined and restrained from transferring, encumbering, dissipating, selling, damaging, destroying or otherwise alienating any and all marital and premarital assets under the control of either, without mutual written agreement or a further Order of this Court. BY THE COURT: J. JULIE MYERS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW MICHAEL MYERS, No. Defendant IN DIVORCE PETITION TO PREVENT DISSIPATION OF MARITAL ASSETS Petitioner, Wife, by and through her Attorney Edward J. Weintraub, Esquire, files this Petition for Injunctive Relief, and in support thereof, avers as follows: 1. Petitioner is the Plaintiff in the above-captioned divorce action. 2. Respondent is the Defendant in the above-captioned divorce action. 3. Wife separated from Husband and filed a Complaint In Divorce on August 23, 2001, requesting economic relief, including a request for equitable distribution. 4. Wife believes that Husband may sell, transfer, dissipate, damage, destroy, alienate or encumber marital property of the parties. 5. Section 3323(f) of the Divorce Code provides in relevant part: "In all matrimonial causes, the Court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this act, and may grant such other relief or remedy as equity and justice require against either party..." 9. Section 3505(a) of the Code provided: "Where it appears to the Court that a party is about to remove himself or herself or his or her property from the jurisdiction of the Court or is about to dispose of, alienate, or encumber property in order to defeat alimony pendente lite, alimony, child and spousal support, or similar award, an injunction may issue to prevent such removal or disposition and such property may be attached as provided by the Rules of Civil Procedure." 10. At any time after the filing of the complaint, on petition setting forth the facts entitling the parry to relief, the court may, upon such terms and conditions as it deems just, including the filing of security, (1) issue preliminary or special injunctions necessary to prevent the removal, disposition, alienation or encumbering of real or personal property in accordance with Rule 1531(a),(c),(d) and (e); or (2) order the seizure or attachment of real or personal property; or (3) grant other appropriate relief. WHEREFORE, Petitioner Wife, respectfully requests that this Honorable Court grant the within Petition for Injunctive Relief and mutually enjoin and restrain Husband and Wife from selling, transferring, encumbering, dissipating, selling, damaging, destroying or otherwise alienating any and all marital or premarital assets pending further Order in this matter. st ATTORNEY FOR PLAINTIFF 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 ID#17441 VERIFICATION I, Julie Myers verify that the statements made in this Petition to Prevent Dissipation of Marital Assets 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 unworn falsification to authorities. Date: b 4 l k V444) u i Myers, Plaintiff _TJ x-?;s ^`?. t "n?4x:.w 4'i?;w'eMx:gxg k3eF. JULIE MYERS, Plaintiff V, MICHAEL MYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4950 CIVIL CIVIL ACTION - LAW IN DIVORCE ANSWER TO PETITION TO PREVENT DISSIPATION OF MARITAL ASSETS AND NOW comes the Defendant, MICHAEL MYERS, by his attorney, MAX J. SMITH, JR., Esquire, and respectfully states as follows in response to said Petition: L-3. Admitted. 4. Denied. There is no evidence to support Petitioner's belief that Defendant may sell, dissipate or otherwise inappropriately dispose of any marital assets of the parties. 5. Admitted. 6. (Erroneously referred to as 9 in Petition) Admitted. 7. (Erroneously referred to as 10 in Petition) Admitted. A WHEREFORE, Defendant, Michael Myers, respectfully requests that the Honorable Court deny Plaintiff's Petition to Prevent Dissipation of Marital Assets. Respectfully submitted, Date: September 17, 2001 *?)w MAX J. SMITH, JR., squire I.D. No. 32114 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 JULIE MYERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-4950 Civil MICHAEL MYERS, : CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this I ? day of September, 2001, I, MAX J. SMITH, JR., Esquire, Attorney for Defendant, hereby certify that I have this day sent a copy of Answer to Petition to Prevent Dissipation of Marital Assets by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Law Office of Edward J. Weintraub & Assoc. Attn: Edward J. Weintraub, Esquire 2650 N. Third Street Harrisburg, PA 17110 -&10 MAX J. SMITH, J squire James, Smith, Durkin & Connelly ur P.O. Box 650 Hershey, PA 17033 (717) 533-3280 n c --- = ?n -o ? -? ° m r v _ _? . ?,?? ?? %?' z ?' ''` ?? >c .. Z JULIE MYERS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-4950 CIVIL MICHAEL MYERS, CIVIL ACTION - LAW Defendant IN DIVORCE ANSWER TO PETITION FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE AND NOW comes the Defendant, MICHAEL MYERS, by his attorney, MAX J. SMITH, JR., Esquire, and respectfully states as follows in response to said Petition: Denied. Petitioner has vacated the premises at 67 Sherwood Circle, Enola, Pennsylvania, the marital home of the parties. Her current address is unknown. 2. Admitted. Admitted in part and denied in part. It is admitted that the parties were married on May 18, 1995, and that they are the parents of two minor children, Corey and Lauren. As the parties are separated, it is expected that custody of the children shall be shared between the parents. 4.-7. Admitted. 8. Denied. An Order was issued by Judge Edgar B. Bayley on August 30, 2001 awarding Defendant exclusive possession of the marital residence effective September 10, 2001. (See copy of Order marked Exhibit "A", attached hereto and made part hereof). Such Order was entered pursuant to an agreement of the parties. 9. Denied. The parties have been joint caretakers and nurturers of their children. 10. Admitted, to the extent that the children have been uprooted, and should be returned to the marital home. It is denied that Plaintiff should be the parent having possession of the marital home; instead, the children should be returned to the marital home to reside with Defendant. 11. Denied. Defendant has not engaged in any conduct which would warrant an award of exclusive possession of the marital home to Plaintiff. By way of further response, the issues raised in paragraph 11a.-e. have been resolved pursuant to the Order dated August 30, 2001 which is attached hereto. WHEREFORE, Defendant, Michael Myers, respectfully requests that the Honorable Court deny Plaintiff's request for interim exclusive possession of the marital home. Respectfully submitted, 441 Date: September 17, 2001 MAX J. SMITH, JR., squire I.D. No. 32114 James, Smith, Durkin & Connelly i T p P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ao-.?uyts ?+vri_ (a) the mother shall have primary physical custody of the children; (b) the father shall have temporary physical custody: (i) every other weekend from Friday at 6:00 p.m. through Sunday at 6:00 p.m., his first weekend commencing on Friday, August 31, 2001; (ii) on Monday and Wednesday evenings each week between 5:00 p.m. and 8:00 p.m.; (c) the exchange of the children shall take place at the Giant Market in - - - Enola; (d) neither parent shall make any disparaging remark about the other in the presence of the children. (7) A certified copy of this order shall be provided to the East Pennsboro Police Department. David A. Lopez, Esquire MidPenn Legal Services For Plaintiff Max Smith, Esquire For Defendant East Pennsboro Police Department 98 South Enola Drive Enola, PA 17025 :saa TRUE COP'S FROM REZ-Corqjo in Testirrlony whereof, I here onto set ;ny 1-sand and the saai ref said C(;, rrt at Carlisle, "a. This s /Uday w o r Frethoncetary - -2- Edgar B. Bayley, J. JULIE A. MYERS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL A. MYERS, DEFENDANT 95-3498 CIVIL TERM PROTECTION FROM ABUSE ORDER AND NOW, this 30th day of August, 2001, following a scheduled hearing in which the parties agree to the entry of the within order by consent, without a specific admission of wrongdoing by defendant, Michael A. Myers, IT IS ORDERED:' (1) The temporary protection order of August 23, 2001, is vacated and replaced with this order. (2) Defendant shall not abuse, harass, stalk or threaten plaintiff, Julie A. Myers. (3) Defendant shall not have any contact with plaintiff except with respect to matters pertaining to their children. (4) Through September 9, 2001, plaintiff shall have possession of the marital residence at 67 Sherwood Circle, Enola, Cumberland County, except that defendant shall be allowed to enter the residence to conduct his business during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. As of September 10, 2001, defendant shall have exclusive possession of the marital residence. (5) This order shall remain in effect for eighteen (18) months from August 27, 2001. (6) Pending further order of court regarding the custody of Corey Myers and Lauren Myers: ' Defendant's date of birth is June 8, 1959. His social security number is 192-54- 0187. JULIE MYERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-4950 Civil MICHAEL MYERS, : CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this JL day of September, 2001, I, MAX J. SMITH, JR., Esquire, Attorney for Defendant, hereby certify that I have this day sent a copy of Answer to Petition for Exclusive Possession of Marital Residence by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Law Office of Edward J. Weintraub & Assoc. Attn: Edward J. Weintraub, Esquire 2650 N. Third Street Harrisburg, PA 17110 &1:0 MAX J. SMITH, JR., C/quire James, Smith, Durkin & Connelly up P.O. Box 650 Hershey, PA 17033 (717) 533-3280 C? ? Tl c , -,n ^LJ CSJ ?;-n -- "? v,._. , ,c ?,> ?, rti? i ? _ 7 _. r, y _._ i"1 Y L =+ -? l? < JULIE MYERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW MICHAEL MYERS, Defendant NO. 01-4950 CIVIL TERM ORDER OF COURT AND NOW, this 4 b day of September, 2001, upon consideration of Plaintiff's Petition for Exclusive Possession of Marital Residence Pursuant To Section 3502(c) of the Divorce Code, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. Edward J. Weintraub, Esq. 2650 North Third Street Harrisburg, PA 17110 Attorney for Plaintiff Michael Myers 67 Sherwood Circle Enola, PA 17025 Defendant, Pro Se :rc Y, DY-?r BY THE COURT, JULIE MYERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, * PENNSYLVANIA vs. * NO. DI- /? ° 4e L Ct * MICHAEL MYERS, * CIVIL ACTION - LAW Defendant * IN DIVORCE P ORDER AND NOW, this day of 2001,upon consideration of the within Petition for Interim Exclusive Possession of the Marital Residence filed by Plaintiff, Julie Myers, and after hearing thereon, it is hereby ORDERED AND DECREED that Plaintiff and the children are granted interim exclusive possession of the marital residence located at 67 Sherwood Circle, Enola, PA and Defendant is hereby ordered to vacate the property. This Order shall remain in effect until further Order of the Court and is without prejudice to the issue of possession and ownership of the home on a final basis as part of the equitable distribution proceedings. BY THE COURT: J. JULIE MYERS, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. No. MICHAEL MYERS, : IN DIVORCE PETITION FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE PURSUANT TO SECTION 3502(C) OF THE DIVORCE CODE AND NOW, this ol3ny/ day of ?W 7- 2001, Plaintiff, Julie Myers, by and through her attorney, Edward J. Weintraub, Esquire, files the within Petition for Interim Exclusive Possession of Marital Residence, and in support thereof, avers as follows: 1. Petitioner is Julie Myers, Plaintiff in the above-captioned divorce action. Petitioner resides at 67 Sherwood Circle, Enola, Pennsylvania 17025. 2. Respondent is Michael Myers, Defendant in the above-captioned divorce action. Defendant currently resides at 67 Sherwood Circle, Enola, Pennsylvania 17025. 3. The parties hereto were married on May 18, 1985. The parties are the parents of the following unemancipated children who reside with Mother and Father at the marital home. 4. On August 23, 2001, Petitioner, Wife, filed a Complaint in Divorce against Respondent, Husband, in Cumberland County, Pennsylvania. 5. The marital home, where the parties' children have resided exclusively since 1998, is owned by the parties as tenants by the entireties. 6. Section 3502(c) of the Divorce Code states that "[t]hat court may award during the pendency of the action or otherwise to one or both of the parties the right to reside in the marital residence." 7. Section 3323(f) of the Divorce Code states that "[I]n all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part, and may grant such other relief or remedy as equity and justice require against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause." 8. Unless Plaintiff and the parties' children are permitted interim exclusive possession of the marital home, the mental and emotional health and welfare of Plaintiff and the children will be compromised. 9. Plaintiff has been the primary caretaker and nurturer of the parties' children form the time of their births to the present. 10. An award of interim exclusive possession of the marital home will avoid uprooting the parties' children from not only the marital home, but also the social and community setting in which they were thriving. 11. Defendant has engaged in a course of wrongful conduct which results in making the conditions under which Plaintiff and the parties' children are living both intolerable and unconscionable. Illustrations of such conduct are the following: a. Pushing, shoving, grabbing and otherwise physically abusing Plaintiff. b. Verbally abusing Plaintiff, frequently in the presence of their minor children. C. Cursing at and calling Plaintiff names, frequently in the presence of their minor children. d. Falsely accusing Plaintiff of marital infidelity. e. Badgering and harassing Plaintiff within their home, not permitting her to move about freely or to leave when she chooses, at times taking her car keys. WHEREFORE, Petitioner, Julie Myers, respectfully requests this Honorable Court grant her and the parties' children interim exclusive possession of the marital home until the conclusion of the divorce proceedings. r -Z3 101 By: Edward? Weintraub, Esquire 2650 North Third Street Harrisburg, PA 17110 Attorney Id. #17441 (717) 238-2200 ATTORNEY FOR PLAINTIFF VERIFICATION I, Julie Myers, hereby swear and affirm that the facts contained in the foregoing Petition for Exclusive Possession of Marital Residence are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: 69 lo( ? Ju i Myers, Plaintiff LAW OFFICES OF EDWARD J. WEINTRAUB & ASSOCIATES PRACTICE LIMITED TO FAMILY LAW 2650N. THIRD STREET HARRISBURG, PENNSYLVANIA 17110 (717)238-2200 FAx-(717)238-9280 E-MAIL-EWDIVORCE@AOL.CoM Edward J. Weintraub Heather L. Harbaugh Jennifer L. Frechette* *admitted VA Bar *awaiting admission PA Bar October 4, 2001 Honorable J. Wesley Oler, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Julie Myers v. Michael Myers No. 01-4950 Dear Judge Oler: Leeal Assistants Wendy L. Shive Misty D. Lehman Plaintiff filed a Petition to Prevent Dissipation of Marital Assets with a Rule to Show Cause which was signed on September 4, 2001. Max Smith, Esquire filed an Answer on September 19, 2001. Accordingly, we would like to have a hearing scheduled in this matter. Should you need any additional information, please contact my office. Thank you. EJW/mdl cc: Max Smith, Esquire Julie Myers NLIE MYERS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL MYERS 01-4950 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 05, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Tuesday, September 25, 2001 at 1:00 p.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greev.y, Est Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 2 ,, i o?gp.??c JULIE MYERS, IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * * NO. VS. * MICHAEL MYERS, * CIVIL ACTION - LAW Defendant * IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court House, 1 Court House Square, Carlisle, Pennsylvania, 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 JULIE MYERS, IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * ?1 vs. * NO. Q(- y15O Ci4c 1 * MICHAEL MYERS, CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT UNDER §3301 OF THE DIVORCE CODE 1. Plaintiff is, Julie Myers, who currently resides at 67 Sherwood Circle, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is, Michael Myers, who currently resides at 67 Sherwood Circle, 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The Parties were married on May 18, 1985. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff avers that there are two (2) children of the parties under the age of eighteen. COUNT 1. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both Parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. COUNT II. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(d) OF THE DIVORCE CODE 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. The marriage of the Parties is irretrievably broken. 14. The parties are living separate and apart and at the appropriate time, Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two years as specified in Section 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. COUNT III. REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER §3323, §3501, §3502 and §3503 OF THE DIVORCE CODE 15. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 16. Plaintiff requests the Court to equitably divide, distribute or assign the martial property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Code. COUNT IV. REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POLICIES INSURING LIFE AND HEALTH OF BOTH PARTIES UNDER §3502(d) OF THE DIVORCE CODE 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. During the course of the marriage, Defendant has maintained certain health, life and death insurance policies for the benefit of Plaintiff and Defendant. 19. Pursuant to Section 3502(d), Plaintiff requests Defendant be directed to continue maintenance of said policies. WHEREFORE, Plaintiff respectfully requests that, pursuant to Section 3502(d) of the Divorce Code, the Court enter an order directing Defendant to continue to maintain certain life and health insurance policies for the benefit of Plaintiff and Defendant. COUNT V. REQUEST FOR CONFIRMATION OF CUSTODY UNDER §3104(A)(2) AND 3323(8) OF THE DIVORCE CODE 20. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 21. The parties are the parents of the following unemancipated children who reside with Plaintiff: NAME AGE EX DATE OF BIRTH Corey Myers 13 Male 10/9/97 Lauren Myers 11 Female 12/4/89 22. During the past five years, the children have resided with the parties and at the addresses herein indicated. FROM TO WITH WHOM ADDRESSES 6/90 2/98 Mother and Father 885 Acri Road, Mechanicsburg, PA 2/98 present Mother and Father 67 Sherwood Circle, Enola, PA 23. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 24. There are no other proceedings pending involving custody of the children in this or any other state. 25. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 26. The best interests of the children will be served if custody of them is confirmed in Plaintiff. WHEREFORE, Plaintiff respectfully requests that, pursuant to §§ 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an Order confirming custody of the children in Plaintiff. COUNT VI. REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER SECTION 3104 OF THE DIVORCE CODE 27. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 28. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 29. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 30. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the Parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to Section 3104 of the Divorce code, the Court approve and incorporate such agreement in the final divorce decree. itted: BY: EDWARD J. WEINTRAUB, 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 ID #17441 ATTORNEY FOR PLAINTIFF Date: T -;L7)-C)\ VERIFICATION I, Julie Myers, hereby swear and affirm that the facts contained in the foregoing Complaint for Divorce are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: Blj, / 61 Ju Myers C = Cl SHERIFF'S RETURN - REGULAR CASE NO: 2001-04950 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MYERS JULI VS MYERS MICHAEL SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon MYERS MICHAEL the DEFENDANT , at 1630:00 HOURS, on the 23rd day of August , 2001 at 67 SHERWOOD CIRCLE ENOLA, PA 17025 MICHAEL MYERS by handing to a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 10.40 Affidavit .00 Surcharge 10.00 .00 38.40 Sworn and Subscribed to before me this _464 day of all dpL.?' o?/iy / A. D. Yrthonotary So Answers: R. Thomas Kline 08/24/2001 EDWARD WEINTRAUB By: Deputy Sheriff JULIE MYERS * IN THE COURT OF COMMON PLEAS Plaintiff * CUMERLANDCOUNTY, PENNSYLVANIA VS. * No. 014950 * MICHAEL MYERS * CIVIL ACTION - LAW Defendant * IN DIVORCE CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify that on September 7, 2001, I served a true and correct copy of the Petition to Prevent Dissipation of Marital Assets with Order of Court, Petition for Exclusive Possession of Marital Residence with Order of Court and Complaint in Divorce with Order of Court upon Max Smith, Counsel for Defendant, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Max J. Smith, Jr., Esquire P.O. Box 650 Hershey, PA 17036 Date: ?l- isty . L an n ? ? c -- , -; . ?? ? - na?? ?- ' .? ;= ?? _ ? t 7>? €,,? C`>m Z JULIE MYERS, Plaintiff V. MICHAEL MYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4950 Civil CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S ANSWER TO COMPLAINT IN DIVORCE AND NOW COMES the Defendant, MICHAEL MYERS, by his attorney, MAX J. SMITH, JR., Esquire, and respectfully responds to the Complaint in Divorce as follows: Admitted. By way of further response, it is averred that Plaintiff shall soon be relocating to an unknown address in Cumberland County, Pennsylvania. 2.-8. Admitted. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(c) OF THE DIVORCE CODE Neither admitted nor denied, as no response is required. 10. Denied. Defendant believes that the parties may reconcile, and therefore denies that the marriage is irretrievably broken. 11. Denied. Defendant believes that the parties may reconcile, and therefore denies that the marriage is irretrievably broken. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(d) OF THE DIVORCE CODE 12. Neither admitted nor denied, as no response is required. 13. Denied. Defendant believes that the parties may reconcile, and therefore denies that the marriage is irretrievably broken. 14. Denied. Defendant has no knowledge of Plaintiff's intentions regarding the submittal of an affidavit alleging that the parties have lived separate and apart for a two year period. By way of further response, it is premature to allege grounds for a divorce under Section 3301(d) of the Divorce Code. COUNT III REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER §3323, §3501, §3502 and §3503 OF THE DIVORCE CODE 15. Neither admitted nor denied, as no response is required. 16. Denied. As Defendant believes that a divorce is not appropriate, it is denied that the court is empowered to equitably divide the marital assets of the parties. COUNT IV REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POLICIES INSURING LIFE AND HEALTH OF BOTH PARTIES UNDER §3502(d) OF THE DIVORCE CODE 17. Neither admitted nor denied, as no response is required. 18. Denied. The parties together have maintained various insurances for their mutual benefit. 19. Denied. Defendant submits that the status quo should remain with respect to the parties' policies of insurance. COUNT V REQUEST FOR CONFIRMATION OF CUSTODY UNDER §3104(A)(2) AND 3323(B) OF THE DIVORCE CODE 20. Neither admitted nor denied, as no response is required. 21. Admitted. 22. Admitted, except to the extent that the parties had been separated briefly in the past. 23. Denied. Plaintiff filed a Complaint for Custody in the Court of Common Pleas of Cumberland County on July 30, 1996, docket no. 96-4299. 24. Admitted. 25. Admitted. 26. Denied. The best interests of the children will be served by the parties remaining together and maintaining joint custody of their children. COUNT VI REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER §3104 OF THE DIVORCE CODE 27. Neither admitted nor denied, as no response is required. 28. Denied. This is a conclusion of law to which no response is required. 29. Denied. As Defendant wishes to preserve the marriage of the parties, no settlement agreement is necessary. 30. Denied. As Defendant wishes to reconcile, it is premature to discuss the potential incorporation of any agreement into a decree in divorce. WHEREFORE, Defendant respectfully requests this Honorable Court to: (a) deny a divorce under Section 3301(c) of the Divorce Code; (b) deny a divorce under Section 3301(d) of the Divorce Code; (c) deny Plaintiff's request to equitably divide the marital assets of parties; (d) deny Plaintiff's request for continued maintenance and beneficiary designations of existing policies; (e) deny Plaintiff's request for confirmation of custody; (f) deny Plaintiff's request for approval of any settlement agreement and incorporation thereof in divorce decree; and (g) deny any and all other relief which has been requested by Plaintiff, and Date: (f) order such further relief as the Court may determine equitable and just. Respectfully submitted, September , 2001 ?U MAX J. SMITH, JR., E ire I.D. No. 32114 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Answer on 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 unworn falsification to authorities. MICHAEL MYERS JULIE MYERS, Plaintiff VS. MICHAEL MYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4950 Civil CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this p day of September, 2001, I, MAX J. SMITH, JR., Esquire, Attorney for Defendant, hereby certify that I have this day sent a copy of Defendant's Answer to Complaint in Divorce by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Law Office of Edward J. Weintraub & Assoc. Attn: Edward J. Weintraub, Esquire 2650 N. Third Street Harrisburg, PA 17110 MAX J. S H, JR., Esquire I.D. No. 32114 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 17 r" _ JULIE A. MYERS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL A. MYERS, DEFENDANT 01-4950 CIVIL TERM ORDER OF COURT AND NOW, this 10th day of October, 2001, following a review of the petition of Julie Myers to prevent dissipation of marital assets, and the answer filed by Michael Myers, a hearing shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania, at 2:30 p.m., Monday, October 22, 2001.' By the Edgar B. Bailey,, J. Edward J. Weintraub, Esquire For Plaintiff Max Smith, Jr., Esquire For Defendant :saa 'The petition, originally assigned to Oler, J., has been reassigned to this judge. zz C? o ? i O JULIE A. MYERS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL A. MYERS, DEFENDANT 01-4950 CIVIL TERM ORDER OF COURT AND NOW, this 10'h day of October, 2001, the petition of Julie Myers, filed on August 23, 2001, for exclusive possession of the marital residence,' IS DENIED? By the Edgar B. Bayley;?J. Edward J. Weintraub, Esquire For Plaintiff Max Smith, Jr., Esquire For Defendant :saa `The petition, originally assigned to Oler, J., has been reassigned to this judge. 'Any issue of exclusive possession was resolved by the parties in an order entered on August 30, 2001, in a protection from abuse proceeding at 95-3498 Civil Term. 'AJI i 'J ,n; JULIE A. MYERS, Plaintiff V. MICHAEL A. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-4950 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of October, 2001, this matter having been called on a petition by Julie A. Myers for special relief, IT IS ORDERED: 1. Defendant, absent agreement of the parties or order of court, shall not invade or dissipate the cash surrender value of a life insurance policy in his name with Minnesota Mutual Life Insurance Company. 2. Defendant, absent agreement of the parties or order of court, shall not dissipate the principal in any marital stocks, bonds and securities with Securities America, AIM and Oppenheimer Funds. 3. This order shall not prevent husband from receiving income from his securities that are marital property. Husband shall provide wife with monthly account balance statements of all such investments. Edward J. Weintraub, Esquire For Plaintiff Jarad Handelman, Esquire For Defendant Sheriff prs i" By the Cour , Edgar B. Bayle , J. 6\ dIN`di?lASNf'??d ?Ut I 7 TJ JULIE MYERS Vs. MICHAEL MYERS Plaintiff Defendant * IN THE COURT OF COMMON PLEAS * CUMERLANDCOUNTY, PENNSYLVANIA * No. 01-4950 * * CIVIL ACTION - LAW * IN DIVORCE PRAECIPE FOR WITHDRAW OF APPEARANCE Please withdraw my appearance on behalf of Plaintiff, Julie Myers, in the above captioned matter without prejudice. Date: ° " - Edward J. Weintraub, Esquire PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of Plaintiff, Julie Myers, in the above captioned matter. Date: Zk 11) -2 ? c no mm iz n U Na TIC C rjrr: ti tV pS X77' _ .+iu+sr?°'A"r ';'xt:?r? kv+,??w ns;?i=Sx+?R!"', &+aam€ii#? _ w JULIE A. MYERS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL A. MYERS, DEFENDANT 01-4950 CIVIL TERM ORDER OF COURT AND NOW, this f day of August, 2002, a hearing on the emergency petition filed by plaintiff is scheduled for Wednesday, August 14, 2002, at 1:30 p.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. Debra Denison Cantor, Esquire For Plaintiff Max Smith, Esquire For Defendant ,8.1? :saa VW V/ n (? U c! 00 JULIE MYERS, Plaintiff V. MICHAEL MYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4950 CIVIL ACTION - LAW IN CUSTODY AND NOW, comes Plaintiff, Julie Myers, by and through her counsel, REAGER & ADLER, PC, and petitions this court for emergency relief and for a finding of contempt as follows: The parties to this case are the natural parents of two minor children, namely Corey Myers, date of birth, October 9, 1987 and Lauren Myers, date of birth, December 4, 1989. 2. count. 3. P. Greevy. 4. On August 23, 2001, Plaintiff filed a Divorce Complaint containing a custody On September 5, 2001, the parties attended a custody conference before Melissa On October 2, 2001, an Interim Order of Court was entered and is attached hereto as Exhibit "A". Pursuant to the terms of the Interim Order of Court, Mother shall have primary physical custody of the children subject to Father's rights of partial liberal custody on alternating weekends from Thursdays until Monday morning and on Wednesday overnight. 5. During the last several months, Defendant has unilaterally amended or altered the Court Order to suit his desires. Y: 6. On several occasions, he specifically refused to relinquish custody of the minor children pursuant to this Court Order. More specifically, pursuant to the parties' Order on Thursday July 25f , Plaintiff was to regain custody of the minor child, Corey, for the weekend. She repeatedly attempted to contact Defendant, both by telephone and in person, to pick up the minor child. In addition, Plaintiff s counsel has called defense counsel on two occasions requesting the return of the child. No response has been given. 8. On July 29, 2002, Plaintiff presented herself at Defendant's home to pick up the minor child, Corey. The police were called and indicated that they were unable to enforce the Interim Order of Court. 9. Defendant has engaged in self-help remedies and is improperly maintaining custody of the minor child, Corey, in violation of the Order. 10. It is believed that without an additional Court Order, the minor child, Corey, will not be returned. WHEREFORE, Petitioner requests this Honorable Court to make a interim finding of contempt and to order the immediate return of Corey Myers and to suspend visitation until such time as Defendant proves that he is able to follow a court order. Respectfully submitted, REALER & ADLER, PC Date: - J? BY: E / Deb • ni n C tor, Esquire Attorney ID 378 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorney for Plaintiff I, Julie Myers, hereby verify and state that the facts set forth in the foregoing Petition for Contempt are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn verification to authorities. DATE: 713//?p2 d 3uli yers EXHIBIT "A" E MYERtC IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4950 MICHAEL MYERS, : CIVIL ACTION -,LAW Defendant CUSTODY INTERIM ORDER OF COURT Bayley, J. - AND NOW, this day of October, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Custody Order shall supercede the custody provisions provided in Paragraph of the August 30, 2001, Protection From Abuse Order docketed at 95-3498 Civil Term. 2. Legal Custody. The parties, Julie Myers and Michael Myers, shall have shared legal custody of the minor Children, Corey Myers, born October 9, 1987, and Lauren Myers, born December 4, 1989. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. § 5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same,, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody. Pending further Order of Court or an agreement of the parties, Mother shall have majority physical custody subject to Father's rights of liberal partial custody arranged as follows: A. To commence September 27, 2001, on alternate weekends, from Thursdays from the time school is adjourned until school resumes the following Monday. B. To commence October 3, 2001, on Wednesdays from the time school is adjourned until it resumes on Thursday morning each week. No. 01-4950 Civil Term 4. The parties shall submit themselves and their minor Children to an independent custody evaluation to be performed by Dr. Stanley Schneider. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. The cost of the evaluation shall be born equally by the parties. 5. Within ten days following counsels' receipt of the report, counsel for either party may request that the Custody Conciliation Conference reconvene. Alternatively, the counsel may request that the matter be set for a hearing before the Court. 6. The parties shall be prohibited from any discussion of custody, divorce, or protection from abuse litigation in the presence or earshot of the minor Children. 7. Counsel for the parties will attempt to workout a more detailed custodial arrangement to include the sharing or alternating of holiday time pending the resolution of the custody litigation or an agreement of the parties. In the event that counsel need assistance with working out the holiday schedule, an additional Custody Conciliation Conference may be scheduled for that specific purpose. BY THE COURT, /0 A:&1191211 Edgar B ayley, J. 77- Dist: Edward J. Weintraub, Esquire, 2650 N. Third Street, Harrisburg, PA 17110 Max J..Smith, Esquire, 134 Sipe Avenue, Hershey, PA 17033 TRUE COPY FROM RECORD In Testimony whereo ,' I here unto set my hand and t seal of saUCou a ar isle; Pa. 7 l .. ..., .... ., ?.1 JULIE MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-4950 MICHAEL MYERS, CIVIL ACTION - LAW Defendant CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8; the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Corey Myers October 9, 1987 Mother Lauren Myers December 4, 1989 Mother 2. A Custody Conciliation Conference was held on September 25, 2001, with the following individuals in attendance: the Mother, Julie Myers, and her counsel, Edward J. Weintraub, Esquire; the Father, Michael Myers, and his counsel, Max J. Smith, Jr., Esquire. 3. The parties reached an agreement in the form of an Interim Order as attached. Date e i a Peel reevy, Esquir . Custody Conciliator I, Debra Denison Cantor, Esquire, hereby certify that on the date set forth below, a true and correct copy of the foregoing, Emergency Petition for the Return of a Minor Child in Violation of Court Order and Petition for Contempt, was served on the Defendant via United States First Class Mail, postage prepaid as follows: Max J. Smith, Jr. Esquire 134 Sipe Avenue Hummelstown, PA 17036 Date: ?--; *antor '?? v ? G, C N J ? .0 ^,? c mrn ti, ?4'" C+? ,.. C C; z ?4? C z L c? ?-- ca 4t j\3 :? tv .? :'; _ r- q! `:I7 =; C7 ?1?? -< TULLE A. MYERS, Plaintiff V. MICHAEL MYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4950 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT?,? AND NOW, TO WIT, this ll day of , 2002, it is hereby ORDERED AND DECREED that the attached Stipulation for Custody is made an Order of this Court and said Stipulation is adopted it its entirety and incorporated herein as an Order of Court. L`_?'J Vs'J -s 1 .. , n I JULIE A. MYERS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-4950 MICHAEL MYERS, : CIVIL ACTION -LAW Defendant : IN CUSTODY STIPULATION AND NOW, this day of August, 2002, the parties hereby stipulate to the entry of an Interim Custody Order as follows: Beginning August 9, 2002 and alternating weekly thereafter, the parties shall share physical custody of the minor children on a week-on, week-off basis. Mother's week of custody with the minor children shall begin on Friday, August 9, 2002 and continue until Friday, August 16, 2002. Father shall receive custody of the minor child on Friday, August 16, 2002 and the parties shall alternate custody weekly thereafter. 2. The shared custody arrangement described in paragraph one (1) of this Stipulation shall remain in effect only until a final determination of custody has been rendered by this Honorable Court following the final custody hearing/trial on this matter. The hearing on the Contempt Petition scheduled for August 14, 2002 shall be continued until the final hearing on this matter. 4. It is the parties intention to have this entered as a Court Order. lARAD W. HANDELMAN, ESQU 111t?44 a,?L? D DE ISO CANTOR, ESQUIRE MICHAEL MYEKS us? VIE MYERS JULIE A. MYERS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL A. MYERS, DEFENDANT 01-4950 CIVIL TERM ORDER OF COURT AND NOW, this Z99 day of August, 2002, IT IS ORDERED that a hearing on the Rule issued against defendant to show cause why he should not be adjudicated in contempt, and the petition of plaintiff for special relief, shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania, at 1:30 p.m., Tuesday, September 17, 2002. By the /Debra Denison Cantor, Esquire For Plaintiff /M-ax Smith, Esquire or Defendant :saa C Edgar B. Op.e.sA R? , J. viNmWiNd ?iNno,,,) CR:7,-lqnmno r. . JULIE A. MYERS, Plaintiff V. MICHAEL MYERS, Defendant ? x IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4950 CIVIL ACTION - LAW IN DIVORCE. ORDER AND NOW, this day of September, 2002 , that a hearing on the Rule issued against Defendant to Show Cause why he should not be adjudicated in contempt, and the petition of Plaintiff for Special Relief, scheduled for September 17, 2002 at 1:30 p.m. shall be rescheduled to, Monday,. September 30, 2002 at 1:30 p.m. in Courtroom NumW2, Cumberland County Courthouse, Carlisle, Pennsylvania. Edgar B. Bayley, Joanne Harrison Clough, Esq. & Debra Denison Cantor, Esquire for Plaintiff Max Smith, Esquire For Defendant 9 " UJ G t ? it f ^ ZT Q?L '.f) L lad./ S Q. ? Lj 4 ? 17? JULIE A. MYERS, Plaintiff V. MICHAEL MYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4950 CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this 2°\ day of Mwrob? , 2002, upon review of the foregoing Contempt and Petition for Special Relief a Rule is issued directed against the Defendant to show cause why the relief requested should not be granted. Rule Returnable `7 days from Service. BY 0 Ali i4fA?Aq,NIML4 6 _??I V P _. _ y@y?, 1%4??631R '#'k-!&sYi. Sam 2N 24 w`-.%:?? :n`+x?n'e4mNt??ra3lpi?Sa£d[04:kir3xC:° `?'K*a wud:: ryfW?€=£m5. JULIE A. MYERS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 01-4950 MICHAEL MYERS, : CIVIL ACTION - LAW Defendant : IN DIVORCE PETITION FOR CONTEMPT AND PETITION FOR SPECIAL RELIEF AND NOW COMES, Plaintiff, Julie A. Myers, by and through her counsel, Reager & Adler, PC, and requests this Honorable Court to enter an Order of Contempt against Defendant for violation of an Order and to grant Plaintiffs Petition for Special Relief as follows: The parties are husband and wife, having been married on May 18, 1985. 2. The Divorce Complaint was filed in this action on August 23, 2001, raising claims of divorce, equitable distribution, maintenance of beneficiary designations on life insurance policies, and custody. Concurrently, with the filing of the Divorce Complaint, a Petition to Prevent the Dissipation of Assets and a Petition for Interim Exclusive Possession of the Marital Residence was filed. 4. An Order on the Petition to Prevent the Dissipation of Assets was held on October 22, 2001. An Order of Court was entered on that day, which is attached hereto as Exhibit "A" 5. Pursuant to this Court Order, husband was to provided monthly account balance statements on his security interest. Since the entry of this Order, Defendant has failed to provide Plaintiff with any statements regarding said securities. 6. By correspondence dated March 21, 2002, counsel for the Plaintiff requested that such statements from October 2001 forward be provided. To date, such statements have not been provided. 7. Plaintiff is willing to accept quarterly statements if monthly statements are not provided. However, Defendant has failed to provide any statements whatsoever despite the Order dated October 22, 2001. 8. Defendant is in blatant violation of the Court Order dated October 22, 2001. WHEREFORE, Plaintiff requests this Honorable Court to enter a finding of contempt, to order Defendant to provide all account balance statements from October 22, 2001, to freeze the remaining assets and to award Plaintiff fees and costs in the amount of $350.00. COUNT II PETITION FOR SPECIAL RELIEF 9. Count I of the Complaint is incorporated herein by reference thereto. 9. Plaintiff and Defendant separated in September 2001 after the issuance of a Protection From Abuse Order. 10. Due to the circumstances of separation, Plaintiff was unable to remove all of her personal belongings from the marital home at the time of separation. Specifically, Plaintiff has been unable to remove all of her personal belongings including clothing, toiletries, and other miscellaneous personal items. 11. Plaintiff has repeatedly requested access to the home or for Defendant to provide her with her personal belongings. This request does not include a request for the division of household belongings which may be deferred until the equitable distribution matters in this case have been resolved. 12. In correspondence dated March 21, 2002, Plaintiff requests the Defendant to release possession of her clothes, cookbooks, dishes and a rocking chair that were gifted to her by her grandparents. 13. To date, Defendant has provided Plaintiff with some of her clothes, but has refused to provide the additional nonmarital requested items. 14. Because of the outstanding Protection from Abuse Order, Plaintiff requests this Honorable Court to order Defendant to comply with providing Plaintiff with her personal belongings and to require that the necessary arrangements be made for the transfer of said items absent Defendant's presence. WHEREFORE, Plaintiff requests this Honorable Court to grant the Plaintiffs Petition for Special Relief and to order Defendant to return her remaining clothes, cookbooks, dishes and rocking chair gifted to Plaintiff by her grandparents. Respectfully submitted, REAGER & ADT ;ER. PC Date: 0 - Attorney M4-66378 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Debra Denison Cantor, Esquire, hereby certify that on the date set forth below, a true and correct copy of the foregoing, Petition for Contempt and Petition for Special Relief, was served on the Defendant via United States First Class Mail, postage prepaid as follows: Max J. Smith, Jr. Esquire 134 Sipe Avenue Hummelstown, PA 17036 Date: 22 a iso antor ' ? r, (;,J rte.. r 7 ^C JULIE A. MYERS, Plaintiff V. MICHAEL MYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4950 Civil CIVIL ACTION - LAW IN DIVORCE AND NOW, comes the Defendant, Michael Myers, by and through his attorney, Max J. Smith, Jr., Esquire, and responds to the Petition for Contempt and Petition for Special Relief filed by Plaintiff, as well as to the Rule to Show Cause issued by this Honorable Court. In support thereof, Defendant respectfully submits as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. By way of further answer, there are no monthly account balance statements of the securities owned by Defendant. In an attempt to avoid the necessity for continued litigation regarding this matter, Defendant, by and through his counsel, advised Plaintiff's counsel that quarterly statements of the securities referenced in this Honorable Court's October 22, 2001 Order would be provided through the parties' former financial adviser. Copies of such quarterly statements have been requested for October 21, 2001 forward and will be provided to Plaintiff as soon as possible, and in the future as each such statement is received. 6. Admitted. By way of further answer, there are no monthly account balance statements of the securities owned by Defendant. In an attempt to avoid the necessity for continued litigation regarding this matter, Defendant, by and through his counsel, advised Plaintiff's counsel that quarterly statements of the securities referenced in this Honorable Court's October 22, 2001 Order would be provided through the parties' former financial adviser. Copies of such quarterly statements have been requested for October 21, 2001 forward and will be provided to Plaintiff as soon as possible, and in the future as each such statement is received. Admitted. By way of further answer, there are no monthly account balance statements of the securities owned by Defendant. In an attempt to avoid the necessity for continued litigation regarding this matter, Defendant, by and through his counsel, advised Plaintiff's counsel that quarterly statements of the securities referenced in this Honorable Court's October 22, 2001 Order would be provided through the parties' former financial adviser. Copies of such quarterly statements have been requested for October 21, 2001 forward and will be provided to Plaintiff as soon as possible, and in the future as each such statement is received. 8. Denied. It is specifically denied that Defendant's failure to provide monthly account balance statements to Plaintiff when, in fact, no such statements exist is contemptuous. To the contrary, Defendant is making accommodations to ensure that all past quarterly statements are provided to Plaintiff and that all quarterly statements in the future shall be provided to Plaintiff. WHEREFORE, Defendant, Michael Myers, respectfully requests that this Honorable Court deny and dismiss Plaintiff's Petition for Contempt with prejudice. COUNT H PETITION FOR SPECIAL RELIEF 9. The responses in paragraphs one (1) through eight (8) are incorporated herein by reference as if set forth in full. 10. This response is in response to the second paragraph of Plaintiff's Count II of the pending Petition, erroneously numbered as paragraph nine (9) in said Petition. Admitted. By way of further answer, the Protection From Abuse Order was entered by the agreement of the parties. 11. This response is in response to the third paragraph of Plaintiff's Count II of the pending Petition, erroneously numbered as paragraph ten (10) in said Petition. Denied. It is specifically denied that the circumstances of the parties' separation in any way caused Plaintiff inability to remove her personal belongings from the parties' former residence. To the contrary, despite the existence of the PFA, Plaintiff frequently entered the parties' former residence after the entry of the PFA and removed items of Defendant's personalty, as well as numerous items of marital property from the marital home without the knowledge or consent of Plaintiff, thus forcing Defendant to change the locks on the home. In addition, Defendant packed all of Plaintiff's clothes in bags after her departure and provided Plaintiff with the bags which she accepted and removed from the residence. By way of further answer, Plaintiff's request for removal of personal belongings is effectively an attempt to modify the PFA Order, and/or to address issues in the parties' divorce which are properly litigated in the PFA proceeding. 12. This response is in response to the fourth paragraph of Plaintiff's Count 11 of the pending Petition, erroneously numbered as paragraph eleven (11) in said Petition. Denied. It is specifically denied that Plaintiff's request is not a request for division of marital property of the parties. To the contrary, Plaintiff is requesting removal of furniture, cookbooks, and dishes that the parties' acquired during their marriage. Moreover, Plaintiff's request for removal of personal belongings is effectively an attempt to modify the PFA Order, and/or to address issues in the parties' divorce which are properly litigated in the PFA proceeding. It is also specifically denied that Plaintiff's request for access to Defendant's home are permissible. Despite the existence of the PFA, Plaintiff frequently entered the parties' former residence after the entry of the PFA and removed items of Defendant's personalty, as well as numerous items of marital property from the marital home without the knowledge or consent of Plaintiff, thus forcing Defendant to change the locks on the home. In addition, Defendant packed all of Plaintiff's clothes in bags after her departure and provided Plaintiff with the bags which she accepted and removed from the residence. Accordingly, Plaintiff s request to retrieve additional items of property from the former marital residence is simply a further attempt to gain access to Defendant's home which Plaintiff has done without permission in the past. 13. This response is in response to the fifth paragraph of Plaintiff s Count II of the pending Petition, erroneously numbered as paragraph twelve (12) in said Petition. Admitted only that the correspondence was written. By way of further answer, Plaintiff's request for removal of personal belongings is effectively an attempt to modify the PFA Order, and/or to address issues in the parties' divorce which are properly litigated in the PFA proceeding. Moreover, Plaintiff s past conduct must preclude her request for access to Defendant's residence. 14. This response is in response to the sixth paragraph of Plaintiff's Count II of the pending Petition, erroneously numbered as paragraph thirteen (13) in said Petition. Denied. It is specifically denied that Plaintiff has not been provided with all of her clothes. Defendant packed all of Plaintiff's clothes in bags after her departure and provided Plaintiff with the bags which she accepted and removed from the residence. By way of further answer, in light of Plaintiff's improper entry into Defendant's residence after the entry of the PFA Order without Plaintiff's knowledge or consent, and her removal of numerous items of Defendant's personalty and various items of marital property, Defendant's refusal to permit Plaintiff access to the residence is justified. 15. This response is in response to the seventh paragraph of Plaintiff's Count H of the pending Petition, erroneously numbered as paragraph fourteen (14) in said Petition. Denied. Plaintiff cannot be permitted access to Defendant's home without Defendant's presence. Despite the existence of the PFA, Plaintiff frequently entered the parties' former residence after the entry of the PFA and removed items of Defendant's personalty, as well as numerous items of marital property from the marital home without the knowledge or consent of Plaintiff, thus forcing Defendant to change the locks on the home. Plaintiff s current request for access to the residence is a further attempt by Plaintiff to enter the home as she has done in the past and remove property that is properly left to the parties' divorce and/or invade Defendant's privacy without any need to do so. By way of further answer, Defendant has previously provided Plaintiff with all clothing left in the residence and Plaintiff accepted such clothing upon her departure. In addition, Plaintiff's request for removal of personal belongings is effectively an attempt to modify the PFA Order, and/or to address issues in the parties' divorce which are properly litigated in the PFA proceeding. WHEREFORE, Defendant, Michael Myers, respectfully requests that this Honorable Court deny and dismiss Plaintiff's Petition for Special Relief with prejudice. Respectfully submitted, Date: June 14, 2002 MAX J. SMITH, JR., Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Petition 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 wisworn falsification to authorities. TW. HANDELMAN, Esquire, attorney for MICHAEL MYERS JULIE A. MYERS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-4950 Civil MICHAEL MYERS, : CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this i y1' day of June, 2002, I, MAX J. SMITH, JR., Esquire, Attorney for Defendant, hereby certify that I have this day sent a copy of Defendant's Response to Petition for Contempt, Petition for Special Relief, and Rule to Show Cause by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Reager & Adler Attn: Debra D. Cantor, Esquire 2331 Market Street Camp Hill, PA 17011 MAX J. SMITH, JR., Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 c> ?? c. ? ?.> z? ?: _? °?r - `T, Y ? ? ; ?:, , -? ? _? , ? ° REAGER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW 2331 MARKET STREET CAMP HILL, PENNSYLVANIA 17011-4642 717-763-1383 TELEFAX 717-730-7366 WEBSITE: ReagerAdlerPC.com THEODORE A. ADLER + DAVID W. REAGER CHARLES E. ZALESKI LINUS E. FENICLE DEBRA DENISON CANTOR Writer's E-Mail Address: ddenison@epix.net September 27, 2002 VIA FACSIMILE & FIRST-CLASS MAIL The Honorable Edgar B. Bayley Cumberland County Courthouse 1 Courthouse Lane Carlisle, PA 17013 RE: Julie Myers v. Michael Myers Our File No.: 02-124 Docket No. 01-4950 Dear Judge Bayley: THOMAS O. WILLIAMS SUSAN H. CONFAIR JOANNE HARRISON CLOUGH DOUGLAS P. LEHMAN + Certified Civil Trial Specialist My client has received the financial statements from Mr. Myers; therefore, no hearing is needed at this time. We are withdrawing our Motion for Contempt and Special Relief which is scheduled for a Contempt Hearing on Monday, September 30, 2002 at 1:30 p.m and request that this hearing be cancelled. I have notified opposing counsel and they concur with our request for withdrawal. Thank you for your attention to this matter JHC/dls cc: Julie Myers WAIN OFFICE 412- Erford Road Camp Hill, PA 17011 Stanley E. Schneider, Ed.D., Director Max J. Smith, Jr. Esquire P.O. Box 650 Hershey, PA 17033 Debra Denison-Cantor, Esquire 2331 Market' Street Camp Hill, PA 17011-4642 Dear Attorneys: GUIDANCE ? ASSOCIATES 1' PENNSYLVANIA II Camp Hill: (717) 732.2917 Hershey: (717) 533-4312 Carlisle: (717) 245-2289 Chambersburg: (717) 263-9392 FAX: (717) 732-5375 June 24, 2002 D. ? lie? Asl EXHIBIT I 411'e-If OIL Re: Myers v. Myers Cumberland County Court of Common Pleas No. 01-4950 Custody I am sending my findings and recommendation regarding custody of Corey, age 14 years, eight months and Lauren, age twelve years, six months. A review of the file reflects that both of you are aware of the background in this case which need not be repeated. Mike would like alternating weeks. Julie does not agree with this indicating some concern about the potential influence Mike might have on the children and their behavior or attitude in relationships with others. She stated she does not want the kids to model their behavior after their father. She was referring to Mike's admitted behaviors tom.ard her resulting in a PFA in 1995, with alleged behaviors that resulted' in a second PFA in 2001. At no time did Julie indicate that Mike was ever abusive toward the children although they witnessed his negative behavior toward her. Julie admitted that she has not seen either child engaging in questionable interpersonal behaviors with same or opposite sex individuals. There was some reference to some sex play in a Spanish class by Corey last year.. This was around the time the parents separated (Fall 2001). There were no incidents reported this past year. Corey just completed the eighth grade. Mike was seen on March 25?' and April 16, 2002. On April 16th he completed custody related questionnaires including a Life History Questionnaire, Parent Self-Report Data omprehensive Psychological Services Drug and Alcohol Treatment I Y Myers v Myers Page 2 form, and a personality inventory, the Minnesota Multiphasic Personality Inventory -2, (MMPI-2). Julie was seen on April 4th and May 1, 2002. She completed the same instruments. Corey and Lauren were seen on separate occasions when brought in by each parent. They were interviewed and completed Sentence Completion Tests. Additional information received: Attorney correspondence, pleadings Court orders (including a 95-3498 related to the PFA and indirect criminal intent) Copy of file from law offices of Edward J. Weintraub and Associates Corey's report cards (Kindergarten through eighth grade). Lauren's report cards (Kindergarten through sixth. grade) Letters from third, parties including David Kennedy, Brian and Tracy Shank, Tony and Connie. Frey, Scott and Shelly Weaver, Gary and Susan Walters, Kristen Bottini, Lisa Scicchitano, Mary.Turnbaugh, Dee and Darrell Renninger. Custody Conciliation Summary Report (09/28/(}1) Interim Order establishing mother as the primary physical custodian (10/02/01) - father has liberal partial custody Therapy notes of Frank J. DiPrima, MS (01/02/02-02/26102) Review of Mr. DPrima's therapy notes reflects Mike acknowledging some anger toward Julie. There was reference to the two PFA's. Issues they identified which impacted their marital relationship relate to finances, Mike's struggling to begin his electrical business, notes discussing Julie not being honest with. Mike, her withdrawing from him, her working in a male environment, his criticism of Julie. My conclusion from the review of those notes contributes to an understanding of Mike's behavior toward Julie. For his first eleven years he was an only child raised by his mother. There was some insight gained as a result of the therapy in which Mike acknowledges his fear of abandonment, jealousy and emotional reactivity toward Julie. There is no evidence noted by anyone in any point in time, that Mike was ever abusive towardthe children. However, they did observe and did witness his abuse and emotional reactivity toward Julie. Julie was hurt by Mike's criticism of her and concerned about his anger. I reviewed journal notes made by Julie from February through June 2002, which continued to reflect some concerns about Mike's behavior. On occasion, he has left Lauren alone and has not been co-parenting with Julie in a positive way with any consistency. During the last school year, both Corey and Lauren went to their father's house, which is the marital home, after school where Julie would pick them up at the end of her workday. Julie was sensitive to the children not being terribly comfortable spending Myers v Myers Page 3 time initially at her apartment and subsequently in her townhouse-although they became more comfortable as time progressed being at the townhouse. Mike: (Issues and findings) Mike is a forty-two year old self-employed electrician. He has a high school education, worked for the Railroad from 1978 to 1987. He and Julie married in 1985. He worked for another individual, doing electrical work and has been self-employed since the early nineties. Mike's schedule allows him to be at home to get the kids off to school. The kids have typically returned to his home and remain there until their mother picks them up on her days. As noted, Mike admits that the PFA in the mid 1990's was legitimate. However, he has serious concern about the current PFA against him and considers it bogus. Mike denies ever hitting the children and says that Julie has never hit them either. He does not see the children's relationship as strained with either parent or with one another. He expressed some concern about Julie influencing/coaching the kids against him. He thinks that Julie has a control issue as well as a child support concern. Mike would like what is in the children's best interest. He expressed a preference for alternating weeks but freely admitted he did not know what schedule would.be best for them. Mike remains in therapy with Mr. DiPrima. In April, he reported being on a small amount of an antidepressant. He is benefiting from the medication. Throughout my contacts with Mike he struggled to identify why Julie is not supportive of him having alternating weeks. He has a minimum understanding and insight in that regard. He honestly admits he has no idea regarding her concerns about his potentially influencing the children negatively. He does, however, accept the notion that it may relate to his abuse in the mid-1990's and reportedly more recently toward her. Mike could not explain why he gat physical with her. Perhaps he could develop additional insights in continued therapy. Mike's experiences in his own family of origin reflect him being raised by his mother. His father was absent from the home since his birth. He identifies growing up in an economically lower class environment. He identifies his mother as an unskilled worker in the early years. She was an adolescent when Mike was born. They have developed a very close, warm and supportive relationship. As a result of father's absence and his mother having to work, one of the things he would have liked his mother to have done as she was raising him is, "talk more," indicating that he makes sure that he talks to his kids "every day I see them." Myers v Myers Page 4 There is no evidence of any abuse or neglect in his childhood. There are no distressing experiences as he was maturing. The major negative experience he identified was, "the present separation and divorce of our family." Mike reports spending his free time with his children and their involvement with activities and sports. Mike's employment history does not reflect any firings or difficulties relating with others. Letters received from others familiar with Mike do not contain any references whatsoever of his having an anger management problem. It seems that Mike's acting out toward Julie was related to his concerns about loss and abandonment. Mike has.a-good working. knowledge of both children. Although not as verbal as Julie he is able: to describe both, children with consistency in that they are seen in a similar fashion by Julie as well as others who know them. Both Mike and Julie identify their son's weakness as perhaps not being as motivated as they would like and having problems with organization. Difficulty with organization was noted in a review of Corey's school grades. However, it does not appear to be a major difference in either household regarding Corey's attending to or completing assignments/requirements. Mike's personality inventory was valid. He appeared to respond frankly to items relating to common human frailties. His profile is consistent with individuals who tend to be verbally expressive but may under-control emotions. This suggests that at times he could lose his temper. Interactions with others revealed interpersonal sensitivity. Individuals with his profile are predisposed to avoid unpleasant issues. Lack of insight, overuse of denial and overly positive self-perception may also be descriptive. People with his profile tend to be clear thinking. Mike's pattern of answers reflects a cautious, careful and conventional life style. There is no evidence of any anxiety or major depression. He endorsed items denying negative traits, such as cynicism, mistrust, hostility or a rebellious attitude, feelings or impulses. Mike's behavior resulting in the PFA's relate to high levels: of loss, abandonment, hurt and the related anger and. helplessness to change the marital situation and relationship. Other considerations related to his personality profile would include that Mike may be generally fghtlcomposed emotionally but subject to periods of anxiety and tension. People with his profile typically have difficulty handling criticism. They expect approval, see themselves as self-righteous, and tend to be unforgiving. Conflict with co-workers and subordinates is also seen in people with his profile. There is nothing in the data collected through interview, observations, reports from third parties, individuals, questionnaires and personality inventory findings to suggest that Myers v Myers Page 5 Mike cannot appropriately, and affectively parent Corey and Lauren into their adulthood and beyond. Julie: (Issues and findings) Julie is a forty-two year old business office manager at a surgical laser center. She has been there for about two years. She currently lives in a three-bedroom townhouse. She does not agree with an alternating weekly schedule. She knows that Mike wants alternating weeks but stated "those kids are my life." Julie continues to be in therapy related to issues of co-dependency as well as attempting to identify who she is and what she wants for herself. Julie assumed a parenting role/responsibilityfor her younger sibling on the death of their mother. Julie has been highly involved and highly responsible for the welfare of others most of her life. She has essentially taken care of everyone and at this point in time is attempting to take care of herself. Julie admits that Mike was not abusive to the children. Her major concern is noted above should the children spend alternating weeks with their father. Julie has other concerns about Mike's parenting. She noted examples of his not attending to Lauren when she was ill, leaving her alone, but then stated "he has been father of the year...been wonderful with them." Although Mike left Lauren alone, Julie expressed she is not concerned about this behavior but wonders if Mike may be too self-centered and not focused enough on the children. Julie presents herself as the primary parent and, "did everything for those kids from day one." There was no challenge to that from Mike. He presented himself as basically the breadwinner for the family - although Julie has been working a number of years. Julie admits that she, "just did if' and never asked Mike for help. Julie admitted that both children told her they want to live with both parents on an equal basis. She mentioned, that Corey noted that he was afraid of his father. Lauren never expressed being afraid of Mike. There was only one reference made to this and there is no evidence to support that Corey is fearful of his father in the data collected. Julie's experiences in her own family of origin are not terribly noteworthy. Her mother was the primary parent until she passed away. Her father was always present but passive and quiet. Something she would have liked changed about her parents behavior toward her as she was growing up is, 'for them to have been more open." Julie struggled for emotional access to both parents. As a parent, she wants to be there for her children and has been. Julie admitted that in her own family they did not talk about feelings, thoughts, attitudes or emotions. She was not able to confide in to etc. Glven-these characteristics, .tine will be there to support thI ',thtfdmn regardless of a custody schedule_ Both Corey andl_auren were seen onAwo occasions. They were interviewed and completed custody' related instruments: Both children are bright, alert and aware of what is happening. Neither was in any apparent distress. Even though they have been intherapy; there: is no evidence in my contacts thatwould suggest any continuing emotional distress. Corey would Bice the issue settled., _ ?? JULIE A. MYERS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL A. MYERS, DEFENDANT 01-4950 CIVIL TERM ORDER OF COURT AND NOW, this day of October, 2002, following a hearing, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order. (2) Julie Myers and Michael Myers shall have joint legal custody of Corey Myers, born October 9, 1987, and Lauren Myers, born December 4, 1989. (3) The parents shall have shared physical custody of Corey and Lauren on a week on week off basis with exchanges occurring on Fridays. (4) During each summer, each parent shall have one period of two continuous weeks with the children. Those weeks to be selected by the parents not later than fifteen days before the end of the school year. (5) (a) Thanksgiving: The mother shall have the children in even numbered years from the Wednesday before Thanksgiving through the Sunday following Thanksgiving. The father shall have the children in odd numbered years from the Wednesday before Thanksgiving through the Sunday following Thanksgiving. (b) Christmas: Segment A shall begin on the morning of December 24th and end at 2:00 p.m. Christmas Day. Segment B shall begin at 2:00 p.m. on Christmas Day and end on the evening of December 26th. The father shall have ?ii?t"d/1ln?i?rhJWc nr; i{i. -Ij 'o - 11 r the children during Segment A in even numbered years and Segment B in odd numbered years. The mother shall have the children during Segment A in odd numbered years and Segment B in even numbered years. The parents, by an agreement not later than December 23`d, shall divide the time between December 27th until the children return to school. (c) Easter: The father shall have the children in odd numbered years from the first day of the spring/Easter break through the beginning of school at the end of the break. The mother shall have the children in even numbered years from the first day of the spring/Easter break through the beginning of school at the end of the break. (d) The mother shall always have the children on Mother's Day and the father shall always have them on Father's Day. Joanne Clough, Esquire For Plaintiff Max Smith, Esquire For Defendant :sal V Edgar B. Bayley, J ,tAf l xB. JULIE MYERS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-4950 MICHAEL MYERS, : CIVIL ACTION -LAW Defendant : IN DIVORCE/CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please enter the appearance of Marianne E. Rudebusch, Esquire on behalf of the Plaintiff in the above referenced matter. Respectfully Submitted, Dated: E,d "30 -08 Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 WITHDRAWAL OF APPEARANCE Please withdraw the appearance of Joanne Harrison Clough, Esquire, on behalf of the Plaintiff in the above referenced matter. Dated: JoanneHarrisZrfClou 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Id. No. 36461 Respectfully Submitted, nI Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff JULIE MYERS, Plaintiff/Petitioner V. MICHAEL MYERS, DefendanVRespondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4950 : CIVIL ACTION -LAW : IN DIVORCE MOTION FOR DISCOVERY CONFERENCE AND NOW, comes the Plaintiff/Petitioner, Julie Myers, by and through her attorney, Marianne E. Rudebusch, Esquire, and hereby moves this Honorable Court to schedule a discovery conference because of Defendant/Respondent's failure to provide sufficient court ordered discovery and in support thereof, avers as follows: 1. Julie Myers is the Plaintiff/Petitioner in the above captioned divorce action, which commenced on 8/23/01, in which Petitioner seeks, inter alia, equitable distribution of the marital assets. 2. On or about 10/2/08, Petitioner served Interrogatories and a Motion for the Production of Documents on the Respondent. 3. Respondent provided his Answers to Interrogatories to Petitioner's counsel; however the responses were grossly insufficient and inadequate. Additionally, Respondent did not provide any documentation as to the Motion for the Production of Documents. 4. Petitioner's counsel also requested that an appraisal of the marital home be completed by an appraiser of her choice with the costs to be born by Petitioner. Respondent had an appraisal completed by an appraiser of his choice and will not release a copy of the appraisal to Petitioner. 5. The Respondent has a history throughout this divorce case of ignoring Petitioner's reasonable requests for discovery. WHEREFORE, Petitioner's attorney requests that a Discovery Conference be scheduled in this matter. Respectfully Submitted, Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 Dated: q-( t)-05 2 Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff JULIE MYERS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-4950 MICHAEL MYERS, : CIVIL ACTION -LAW Defendant : IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE AND NOW, this day of , 2008, I, Katherine A. Frey, Secretary to Marianne E. Rudebusch, Esquire, Attorney for the Plaintiff, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, delivery at Harrisburg, Pennsylvania, to the following addressee: Michael A. Myers 67 Sherwood Circle Enola, PA 17025 Defendant By: Katherine A. Frey FILEC-CI rtCi OF THE PP T' n',!t? +APY 2009 SEP I I P 112: 5 9 Cl! i Vii` fY J 16 O SEP 14 2009 G Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff JULIE MYERS, Plaintiff/Petitioner V. MICHAEL MYERS, Defendant/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4950 CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this day of z , 2009, upon review of the attached Motion for Discovery Conference, it is hereby ORDERED that a discovery ?sA ?re=e is scheduled for counsel on the day of , 2009 at ,I/ 1 0 O o'clock 4-0.m. in Courtroom BY THE COURT: D/istribution: ?4aianne E. Rudebusch, Esq., Atty. for Plaintiff, 4711 Locust Lane, Harrisburg, PA 17109 /Michael A. Myers, 67 Sherwood Circle, Enola, PA 17025 C r;.s r? r, o FILEI.}_,^ I :P.'1f.--E OF THE !"`TARY 2009 SEP 16 Ail 10: 'C'S <<A JULIE MYERS, Plaintiff/Petitioner V. MICHAEL MYERS, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4950 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE IN RE: MOTION TO COMPEL ORDER OF COURT AND NOW, this 8th day of October, 2009, following argument thereon, the motion to compel discovery is granted to the extent that the defendant is directed to provide copies of all documents in his possession, sought in the motion for production of documents, within thirty days. The request for an appraisal is granted with the understanding that the appraiser will be selected by the plaintiff/petitioner. The appraisal will be conducted at a reasonable hour selected by the defendant/respondent who will schedule the appraisal within two weeks from today. By the Court, ? Marianne E. Rudebusch Esquire For Plaintiff Mr. Michael A. Myers 67 Sherwood Circle Enola, PA 17025 Pro se Defendant :bg I rra L?CCL -'X1- /A?' Kevin Hess, J. pr, 2009 OCT -9 PH if 5 CIL-11 v'i C _ < rY 0 J 4.C'JFY YU Mariann E. Rudebusch, Esquire T H V YN 0 M i 4711 Locust Lane Harrisburg, PA 17109 PR 2 ? : 3 4 4 717-657-0632 Id. No. 6 522 CUMBERLAND COUNTY Attorney for Plaintiff PENNSYLVANIA JULIE MYERS, : IN THE COURT OF COMMON PLEAS laintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4950 MIC L MYERS, : CIVIL ACTION -LAW Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER laintiff, Julie Myers, moves the Court to appoint a Master with respect to the i g claims: Divorce Annulment Alimony Alimony Pendente Lite and in of the motion states: (x) Distribution of Property () Support () Counsel Fees () Costs and Expenses 1. Discovery is complete as to the claim(s) for which the appointment of a Master is reque ted. The Plaintiff has appeared in the action by her attorney, Marianne E. Rudbusch, The statutory ground(s) for divorce (is/are): 3301(c) and 3301(d) Check the applicable paragraph(s): () The action is not contested. () An agreement has been reached with respect to the following claims: (x) The action is contested with respect to the following claims: Equitable Distribution The action does not involve complex issues of law or fact. The hearing is expected to take one day. Additional information, if any, relevant to the motion: I ? "t l c Date: IA 'f Marianne E. Rudebusch, Esquire Attorney for Plaintiff ND NOW, , 2010, is appointed Master with respect to the following claims: Distribution BY THE COURT: J. ?e E. Rudebusch, Esquire, 4711 Locust Lane, Harrisburg, PA, 17109 A. Myers, Pro Se Defendant, 67 Sherwood Circle, Enola, PA 17025 2 Mariann E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657..0632 Id. No. 63522 Attorne for Plaintiff JULIE MYERS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4950 MICR EL MYERS, : CIVIL ACTION -LAW Defendant : IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE NOW, this day of , 2011, I, Katherine A. Frey, to Marianne E. Rudebusch, Esquire, Attorney for the Plaintiff, hereby certify that a copy Of the within document has been served, by depositing a copy of the same in the United ?tates mail, first class, postage prepaid, delivery at Harrisburg, Pennsylvania, to the iiha addressee: Michael A. Myers 67 Sherwood Circle Enola, PA 17025 Defendant B Y• Katherine A. Frey Nbrianne E. Rudebusch. F'syuiret 471 1 Locust 1-ane I larrisburg. PA 17104 717-657-063' Id. No 63522 Attorncy 1'or Plaintiff JULIE MYERS, Plaintiff V. MICHAEL MYERS, Defendant _ T r ? ? i F1 G;? U iA LJi i AP 25 PN 3: 14 'D _ CUMBERLAND PENI?SYLVANlA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4950 CIVIL ACTION -LAW IN DIVORCE INVENTORY UNDER RULE 1920.33 Plaintiff, Julie Myers. filers the following inventory of all property owned orpossessed by either party at the time this action , 4N as commenced and all property transferred within the preceding three years. Plaintiff'verifies that the statements made in this inventory are trite and correct. PlaintifT understands that false statements herein are made subject to the penalties of 18 pa.C;.S. Section 4904 relating to unsworn falsification to authorities. Date:_ B v --- - J Myers ASSETS OF PARTIES THE (X) (X) (X) (X) (X) (X) (X) (X) NTIFF MARKS ON THE LIST BELOW THOSE ITEMS APPLICABLE TO AT BAR AND ITEMIZES THE ASSETS ON THE FOLLOWING PAGES. Real Property Z. Motor Vehicles ?. Stocks, bonds, securities and options Certificates of Deposit Checking accounts, cash Savings accounts, money market and savings certificates 7. Contents of safe deposit box(s) Trusts Life insurance policies (indicate face value, cash surrender value and current beneficiaries) 0. Annuities I. Gifts 2. Inheritances 3. Patents, copyrights, inventions, royalties 4. Personal property outside the home 5. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) (X) (X) (X) (X) 1 6. Employment termination benefits - severance pay, worker's compensation claim/award 7. Profit sharing plans 8. Pension plans (indicate employee contribution and date plan vests) 9. Retirement plans, Individual Retirement Accounts 0. Disability payments I . Litigation claims (matured and unmatured) 2. MilitaryN.A. benefits 3. Education benefits 4. Debts due, including loans, mortgages held 5. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) 6. Other MARITAL PROPERTY LAINTIFF LISTS ALL MARITAL PROPERTY IN WHICH EITHER OR BOTH S HAVE A LEGAL OR EQUITABLE INTEREST INDIVIDUALLY OR WITH ANY PERSON AS OF THE DATE OF THE SEPARATION OF THE PARTIES: UMBER DESCRIPTION NAMES OF OF PROPERTY ALL OWNERS 1. 2. 2. 2. 2. 3. 3. 5. 6. 6. 6. 9. 15. 19. 19. 25. 67 Sherwood Circle Enola, PA 1994 Chevrolet Balzer 1997 Ford Expedition 1986 Jeep Cherokee 1988 Ford Econoline Securities America #OKS997525 Oppenheimer Funds #232-2320000836 Cash PNC Checking PNC Business Checking PNC Savings/Money Market Life Insurance Minnesota Life #1-849-814-V Myers Residential Electrical Invest Elect Anthem 401(k) 401(k) Household goods and furnishings Joint Joint Joint Joint Husband Husband Husband Husband Joint Husband Joint Joint Husband Wife Wife Joint NON-MARITAL PROPERTY PLAINTIFF LISTS ALL PROPERTY IN WHICH A SPOUSE HAS A LEGAL OR EQUIT LE INTEREST WHICH IS CLAIMED TO BE EXCLUDED FROM MARITAL PROPERTY: DESCRIPTION REASON FOR OF PROPERTY EXCLUSION None PROPERTY TRANSFERRED THREE LAINTIFF LISTS ALL MARITAL PROPERTY IN WHICH EITHER OR BOTH S HAD A LEGAL OR EQUITABLE INTEREST INDIVIDUALLY OR WITH ANY PERSON AND WHICH HAS BEEN TRANSFERRED WITHIN THE PRECEDING YEARS: DESCRIPTION DATE OF CONSIDER- PERSON TO R OF PROPERTY TRANSFER ATION WHOM TRANSFERRED AIM 2002 Divided equally #7003236761 between the parties LIABILITIES WITH 24 NTIFF LISTS ALL LIABILITIES OF EITHER OR BOTH SPOUSES ALONE OR PERSON AS OF THE DATE OF SEPARATION: DESCRIPTION OF PROPERTY NAMES OF ALL CREDITORS NAMES OF ALL DEBTORS Joint mortgage on 67 Sherwood Circle GMAC Mortgage Julie Myers Michael Myers Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 3522 Attorney for Plaintiff JULIE MYERS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4950 MICR EL MYERS, : CIVIL ACTION -LAW Defendant : IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE NOW, this day of , 2011, I, Katherine A. Frey, to Marianne E. Rudebusch, Esquire, Attorney for the Plaintiff, hereby certify that a copy ?of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, delivery at Harrisburg, Pennsylvania, to the iha addressee: Michael A. Myers 67 Sherwood Circle Enola, PA 17025 Defendant By Katherine A. Frey 0 Marianne E. Rudebusch, Esquire 4711 Locust Lane I larrisbun,, PA 17109 717-657-0632 Id. No. 63522 attorney for Plaintiff JULIE MYERS, Plaintiff V. MICHAEL MYERS, Defendant i"S RJ ' IN THE COURT OF COMMON PLEAS cz? . CUMBERLAND COUNTY, PENNSYLVANIA M D NO. 01-4950 ' Ti n 7- - LAW CIVIL ACTION - Co mmu. c ? IN DIVORCE "`7 PLAINTIFF'S INCOME AND EXPENSE STATF.,MENT UNDER RULE 1920.31 1 hereby file the Statement of Income- and Expenses required under Rule 1920,31 and verify that the information therein contained is true and correct to the best of'my knowledge, infonnation and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904, relating to unsworn falsification to authorities. Date: J u `e vers INCOME AND EXPENSE STATEMENT OF JULIE MYERS Address Type of ork: Payroll umber: Pay Period (weekly, bi-weekly, etc): Gross Pay Per Pay Period: Address Type of ork: Payroll umber: Pay Peri d (weekly, bi-weekly, etc): Gross Pay Per Pay Period: Federal Withholding Social Security Local Wage Tax State Income Tax Unemployment Medicare Tax Retirement (401 k) PA LST52 FSA Life Insurance Health Insurance Pension Contribution Net Pay Per Pay Period: Other Inl ome: Oakwood Breast Care Center 880 Century Drive, Mechanicsburg, PA 17055 Practic Manager 32 Bi-weekly $2,767.20 Hoss's 743 Wertzville Road, Enola, Pa Server 63246 Bi-weekly - (pay varies) $2,767.20 -$470.45 -$113.28 -$43.15 -$82.80 -$2.21 -$39.11 -$138.36 -$2.00 -$35.00 -$35.12 $1,805.72 $135.00 Monthly Yearly Interest ? CD & Bonds Pension Annuity Social S Rents Expens Account Unempl yment Compensaion 's Comp. Gifts Child Su Spousal TOTAL $4,201.65 $50,419.90 EXPENSES Monthly Yearly HOME: Mortgage/Rent $740.00 $8,880.00 Maintenance & Lawn Utilities: Electric $180.00 $2,160.00 Gas Oil Sewer Telephone $85.00 $1,020.00 Cell Phone $155.00 $1,860.00 Water $35.00 $420.00 Refuse City EMPLOYMENT: Public Transportation Lunch $0.00 TAXES: Real Estate $0.00 Personal Property $0.00 INSURANCE: Renter's $15.00 $180.00 Automobile(s) $170.00 $2,040.00 Life Accident Health Other AUTOMOBILES: Payments $92.22 $1,106.64 Fuel (all vehicles) $150.00 $1,800.00 Repairs MEDICAL: Doctor Dentist Orthodontist Hospital Medicine Special Needs (glasses braces, etc.) EDUCATION: Private School Parochial School College - Corey's UTI School College - Lauren off-campus PERSONAL: Clothing Food Barber/Hair Dresser Credit Payments Credit Card Charge Accounts Memberships LOANS: Credit Union Line of Credit MISCELLANEOUS: Child Care/Babysitting Papers/Books/Magazines Entertainment Pay TV Vacation Gifts Legal Fees Charitable Contributions Child Support $335.00 $4,020.00 $300.00 $3,600.00 $50.00 $600.00 $400.00 $4,800.00 $50.00 $600.00 $430.00 $5,160.00 $10.00 $120.00 $60.00 $720.00 $100.00 $1,200.00 $360.00 $4,320.00 Alimony/Spousal Support Tax Preparation Other TOTAL EXPENSES $3,717.22 $44,606.64 From:Oakwood $reast Care Center 717 909 0902 CAPITAL AREA R T 880 CENTURYOR 1w*X>% aCSBURG PA Ci ti X ti y 0 a 0827-AO76 200 Oakwood Breast JULI E MYERS 226 BRIAN DRIVE ENOLA PA 17025 04/19/2011 10:46 #923 P.001/001 # t d t h PERSONAL AND CHECK INFORMATION EARNINGS DESCRIPTION HOURS RATE THIS PERIOD (S) WD HOURS YTD (S) Julie Myers 226 Orion Drive Regular 7200 34.5900 24130.48 567.00 19612.53 Encle.PA 17025 Personal Time 8.00 34.5900 276.72 57.00 1971.63 Holiday 553.44 Soo Sea 0. xxx-xx-3246 Employee ID: 32 EARNINGS 80.00 2767.2Q _ ` _ 22137.60 s-,s Home Department: 200 kwoodBreast Care Center WITHHOLDINGS DESCRIPTION FILwGSTATUS THIS PERIQ Social Security :08 22 Pay Period: 03I28M 1 to /08H 1 = ChackDate: 04114111 ChaclciK 18411 Medicare 6600 r .? NET PAY ALLOCATION* Fed Income Tax SO PA Income Tax - i - DESCRIPTION TH PERIOD ts) YTD (S) PA Unrrnploy, Check Amount 0.00 0.00'A.LST52LST11Q Chkg 2212 1805.72 14445.78 PA MECHA Cu )Qrertel r11t 35I. NET PAY 1805.72 14448.78 1 TIME OFF(Based onPol yYear) TOTAL - M ae Al DEDUCTIONS DESCRIPTION THIS ) DESCRIPTION AMT TAKEN AVAIL SAL Sick 0.00 hrs 76.08 hrs r 1_ X06.88 Personal Time 57.00 hrs 123.24 hrs ___ _ 24.64 32 =- --_ 351 280.00 ". LwN - rn = -43 F =_ 208-48 1667.64 Payrolls by Paychex, Ira 0027 0827.A076 Capita Area R T Associales • 880 Century Or • Mechanicsburg PA 17055 • (717) 691-3235 Mariann' E. Rudebusch, Esquire 4711 Lo ust Lane Harrisbu 2, PA 17109 717-657 0632 Id. No. 63522 Attorne for Plaintiff JULIE MYERS, Plaintiff MICHAEL MYERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4950 CIVIL ACTION -LAW IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE NOW, this vday of , 2011, I, Katherine A. Frey, to Marianne E. Rudebusch, Esquire, Attorney for the Plaintiff, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United Mates mail, first class, postage prepaid, delivery at Harrisburg, Pennsylvania, to the i4g addressee: Michael A. Myers 67 Sherwood Circle Enola, PA 17025 Defendant By: 4L?n Kat erine A. Frey Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff a ' ,0THON0TA?? . X011 M 25 PM 3: 44 rUMBERLAND COUNTY PENNSYLVANIA JULIE MYERS, Plaintiff V. MICHAEL MYERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4950 CIVIL ACTION -LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff, Julie Myers, moves the Court to appoint a Master with respect to the following claims: (x) Divorce () Annulment () Alimony () Alimony Pendente Lite (x) Distribution of Property () Support () Counsel Fees () Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Plaintiff has appeared in the action by her attorney, Marianne E. Rudbusch, Esquire. 3. The statutory ground(s) for divorce (is/are): 3301(c) and 3301(d) 4. Check the applicable paragraph(s): () The action is not contested. () An agreement has been reached with respect to the following claims: (x) The action is contested with respect to the following claims: Equitable Distribution 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motion: Date: arianne E. Rudebusch, Esquire Attorney for Plaintiff AND NOW, 7 , 2010 , ??- Esquire, is appointed M ster with respect to the following claims: Equitable Distribution BY THE COURT: Distribution: Marianne E. Rudebusch, Esquire, 4711 Locust Lane, Harrisburg, PA, 17109 Michael A. Myers, Pro Se Defendant, 67 Sherwood Circle, Enola, PA 17025 ' pwi d cop o4?$ smarm ? n - r- -,r- cl: 2 Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff JULIE MYERS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-4950 MICHAEL MYERS, : CIVIL ACTION -LAW Defendant : IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE AND NOW, this ?rday of , 2011, I, Katherine A. Frey, Secretary to Marianne E. Rudebusch, Esquire, Attorney for the Plaintiff, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, delivery at Harrisburg, Pennsylvania, to the following addressee: Michael A. Myers 67 Sherwood Circle Enola, PA 17025 Defendant B ?-? Y• Katherine A. Frey ILE0;-0FrI? C. COYNE & COYNE, P.C. 3KF P R 0 T 0 ,?0 , Lisa Marie Coyne, Esquire 7911 Jill! 23 AM 10: r', Pa. Supreme Ct. No. 53788 ''UMBERLNI:i`UI q 3901 Market Street PENNSYt.W"111: Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Defendant JULIE MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 014950 CIVIL TERM MICHAEL MYERS, Defendant To the Prothonotary: : ACTION IN DIVORCE PRAECIPE TO ENTER APPEARANCE Kindly enter my appearance on behalf of the Defendant, Michael Myers. Dated: 7 12-2-J 11 COYNE & COYNE, P.C. By: _ ? 0 1--," L sa arie Coyne, Esquire PM. Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Defendant I PLAINTIFF JULIE MYERS' PRETRIAL STATEMENT And now, comes the Plaintiff, Julie Myers, by and through her attorney, Marianne E. Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632. Id. No. 63522 Attorney for Plaintiff FILED-OFFICE '_,F THE FF?GTFi0P.OT,, R'? 2011 JUL -6 AM 9. 23 C'1_IMDERl.Al1C C:'i ?.... ?F"lkj S YLV '". Wit. JULIE MYERS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-4950 MICHAEL MYERS, : CIVIL ACTION -LAW Defendant : IN DIVORCE Rudebusch, Esquire, and respectfully files the following Pre-Trial Statement and in support thereof avers as follows: 1. BACKGROUND Plaintiff, Julie Myers (Wife) and Defendant Michael Myers (Husband) were married on May 18, 1985. The parties separated on August 23, 2001. Wife is 51 years of age and Husband is 52 years of age. They have two (2) adult children, Corey, DOB 10/9/87 and I-auren, 12/4/89. Wife alone has provided for the children since the parties separated in 2001 including college expenses, car insurance and the like..Husband and his paramour have resided in the marital home located at 67 Sherwood Circle, Enola PA since the parties separated. At the time of separation Husband owned a business called Myers Electric. As of 2002 husband has been employed by East Pennsboro Township. Wife was employed with Grandview Surgery and Laser Center at the time of separation and has been working for Oakwood Breast Care Center since 2007 as Office Manager. 2. LIST OF ASSETS Attached hereto as ;Exhibit A is a list of marital assets and debts 3. NAMES AND ADDRESSES OF EXPERTS None at this time; Wife reserves the right to call witnesses as to the value of the real property. An appraisal on the real property was was done on October 24, 2009 by Central Penn Appraisals. 4. NAMES, ADDRESSES AND SHORT SUMMARY OF THE TESTIMONY OF LAY WITNESSES: Michael Myers (as if on cross) Husband will be questioned as to the value of the marital and non-marital assets and debts. Julie Myers Wife will testify as to the value of the marital and non-marital assets and debts and factors the court takes into consideration determining equitable distribution. 2 5. LIST OF EXHIBITS Wife will present exhibits evidencing the value of the marital and non-marital assets. 6. VALUE OF PENSION AND RETIREMENT BENEFITS See attached spreadsheet. 7. PERSONALTY Divided by the parties on or about DOS 8. PROPOSED RESOLUTION OF THE ECONOMIC ISSUES All marital assets are to be divided in a 55/45 manner as per the attached spreadsheet. Respectfully Submitted, LrV1??? Q I?t.t?rLl J-C a? Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Dated: In the Court of Common Pleas of Cumberland Julie Myers Plaintiff County, Pennsylvania 6/30/2011 Docket Number: 01-4950 vs. ) PACSES Case Number: Michael Myers Inventory MARITAL ASSETS Description of Property Title Separation Current Marital Exhibit Value Value Equity (Val. Date) (Val. Date) 1 7 Sherwood Circle J 229,000 168,682 (1/1/2009) $229,000 less mortgage of $60,31+3 2 ppenheimer Fund H 31,910 31,910 #xxxx0836 3 NC Savings/Money Mkt. J 3,000 3,000 4 &T Bank account W 0 0 5 NC checking J 11278 1,278 6 NC Business checking H 15,000 15,000 7 Aim J 0 - divided between the parties 8 Securities America 7525 H 68,590 68,590 9 0 10 0 11 0 12 1994 Chevrolet Blazer J 0 13 1997 Ford Expedition J 0 14 1986 Jeep Cherokee J 0 15 1988 Ford Econoline H 0 16 ook and Niven Profit Sharing W 3,042 3,042 9 $900 401 (k) is included in this . LL 17 I nvest Elect Anthem/Wellpoint W 79,255 79,255- - Invest Elect Anthem changed to Wellpoint 18 ecurity Mutual W 12,258 12,258 a Law Office o1' Marianne E. Rudebusch Prepared by Ms. Marianne Rudebusch, JD (c) Family Law Software. Inc. v 13.02 6130/2011 525pm Julie Myers & Michael Myers Defendant ) Other State ID Number: Please note: All correspondence must include the PACSES Case Number 6,'30/2011 - loan amount $5,984.34 Marital Property Division Total of Marital Equity: Julie $ 248,549 (54.8%) Michael $ 204,774 (45.2%) Marital Asset Line Items: Julie's Michael's Total Marital % or $ Amount % or $ Amount Non-retirement Assets: Real Estate Equity: 67 Sherwood Circle 0 0 100 _ 168,682 168,682 Cash & Investments: Oppenheimer Fund xxxx0836 100 31,910 _ 0 0 31,910 PNC Savings/Money Mkt. 100 3,000 0 _ 0 3,000 M&T Bank account - 0 PNC checking 100 1,278 _ 0 0 1,278 PNC Business checking 0 0 - 100 --- 15,000 --- 15,000 Aim - 0 Securities America 7525 100 68,590 _ 0 0 68,590 Personal Items: 1994 Chevrolet Blazer 0 1997 Ford Expedition - 0 1986 Jeep Cherokee ?- 0 1988 Ford Econoline - 0 Life Insurance: Security Mutual 100 12,258 0 0 12,258 Minnesota Life 70 49,216 30 21,092 70,308 Retirement Assets: IRAs and 401(k)s: Cook and Niven Profit Sharing 100 3,042 _ 0 0 3,042 Invest Elect Anthem/Wellpoint 100 79,255 _0 _ _ 0 79,255 Debts: [No Debts] Law Office of Marianne E. Rudebusch Prepared by Ms. Marianne Rudebusch, JO (c) Family Law Software, Inc. v 13.02 6/30/2011 5:32pm Julie Myers & Michael Myers Page 1 MARITAL ASSETS cont. 19 20 Description of Property Title Separation Current Marital Exhibit Value Value Equity (Val. Date) (Val. Date) Minnesota Life H 70,308 70,308 loan amount $22,003.39 0 TOTALS 0 513,641 453,323 Law Office of Marianne E. Rudebusch Prepared by Ms. Marianne Rudebusch, JD (c) Family Law Software, Inc. v 13.02 6/30/2011 5:25pm Julie Myers & Michael Myers Page 3 In the Court of Common Pleas of Cumberland _ County, Pennsylvania VS .Julie Myers Michael Myers Plaintiff Defendant Marianne Rudebusch Please note: All correspondence must include the PACSES Case Number Inventory MARITAL LIABILITIES Description of Property Title Separation Current Marital Exhibit Value Value Debt (Val. Date) NO MARITAL LIABILITIES Prepared By: Signature Docket Number: 01-4950 PACSES Case Number: Other State ID Number: Title: JD -f ! I o Date Law Office of Marianne E Rudebusch Prepared by Ms. Marianne Rudebusch, JO (c) Family Law Software, Inc. v 13.02 6130/2011 5.25pm Julie Myers & Michael Myers Page 4 6/30/2011 ¦ Jule - 5248,549 - (54.8%). Michael Jule -_-- Is Michael - $204,774 - (45.2%). Law Office of Marianne E. Rudebusch Prepared by Ms. Marianne Rudebusch, JD (c) Family Law Software, Inc. v 13.02 6/302011 5:32pm Julie Myers 6 Michael Myers Page 2 ?J Marianne E. Rudebusch, 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff JULIE MYERS, Plaintiff V. MICHAEL MYERS, Defendant To the Prothonotary: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4950 n; CIVIL ACTION -LAW ? _ c .`.? IN DIVORCE rxn=."' ? ..? A N tU C? C ?C Q? C>rn 'E TO TRANSMIT RECORD 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) of the Divorce Code. 2. Date and manner of service ofthe complaint: Sheriff Service: August 23, 2001. 3. Complete ei er paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff, 12/14/11 ; by Defendant, 12/14/11 (b)(1) Date of exe ution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (2) Da' of filing and service of the affidavit upon the respondent: N/A. 4. Related clams pending: All outstanding claims were settled. pursuant to the 5. Complete ether (a) or (b). (a) Date d manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy f which is attached: N/A. (b) Date Plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Date Defendants Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: By: Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 Attorney for Plaintiff Dated: /. %? IN THE COURT OF COMMON PLEAS OF JULIE MYERS CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL MYERS NO. 01-4950 DIVORCE DECREE AND NOW, '?L?.,(,?? Zq' Ls ?t , it is ordered and decreed that JULIE MYERS , plaintiff, and MICHAEL MYERS , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The attached transcript of the agreement of the parties dated December 14, 2011, is incorporated but not merged into this Decree in Divorce. b By the Court, &OA' L?ebvsch maijed +0 CotIrle CON