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HomeMy WebLinkAbout03-3118DEBRA L. MYERS, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2003 CIVIL TERM MARK A. MYERS, IN DIVORCE DEFENDANT 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 is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania. 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 NOTICE OF AVAILABILITY 9F_ COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(c) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. DEBRA L. MYERS, PLAINTIFF V. MARK A. MYERS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - 3118 CIVIL TERM IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Debra L. Myers who resides at 806 Sherwood Road, New Cumberland, Pennsylvania 17070. 2. The Defendant is Mark A. Myers who resides at 107 S. East Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 1, 1994 in Carlisle, Cumberland County Pennsylvania. S. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. S. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. Plaintiff requests the court to enter a decree of divorce. /.f'lom?/ ?• Thomas D. Gould Attorney for Plaintiff I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: ?J30103 c w rn -G G =< 4 O U . ? G1 ? ELIZABETH PECORA, Plaintiff V. CHRISTOPHER S. PECORA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3119 CIVIL TERM IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, comes Petitioner, Christopher S. Pecora, by and through his counsel, Marylou Matas, Esquire, and petitions the Court as follows: 1. Petitioner is the above-named Defendant, Christopher S. Pecora, an adult individual currently residing at 321 Bobcat Road, Newville, Cumberland County, Pennsylvania. 2. Respondent is the above-named Plaintiff, Elizabeth Pecora, an adult individual currently residing at 286 A South Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are subject to an Order of Court dated December 5, 2002, a copy of said Order being attached hereto and incorporated herein by reference as Exhibit "A." 4. Pursuant to the terms of the Order, the parties share legal custody of the children. 5. Since beginning their education, the children have attended Grace Baptist Christian School for all school years. 6. At the end of the 2002-2003 school year, Respondent re-enrolled the children in the Grace Baptist Christian School for the 2003-2004 school year. 7. Respondent did not discuss this re-enrollment with Petitioner. 8. Respondent actively omitted Petitioner from the re-enrollment process failing to inform Petitioner of the need for re-enrollment forms or including his name or information on any re-enrollment forms. 9. By correspondence dated June 26, 2003, directed to Respondent's attorney, Petitioner objected to Respondent's violation of legal custody in that she willfully failed to include Petitioner's information on the re-enrollment forms. 10. By copy of correspondence dated August 6, 2003, from Respondent's attorney, Petitioner was informed that Respondent removed the children from the Grace Baptist Christian School for the 2003-2004 school year and enrolled the children in Monroe Elementary School. 11. Respondent took this action without discussing this with Petitioner in any way in violation of the terms of the Order mandating that the parties share legal custody of the children. 12. Respondent's actions will cause the children to suffer undue disruption as the status quo has been that they attend Grace Baptist Christian School. 13. Petitioner desires that the children be re-enrolled in the Grace Baptist Christian School for the 2003-2004 school year. 14. The entry of the within Order of Court will maintain the status quo pending further proceedings in this matter. 15. Counsel for Respondent, Carol J. Lindsay, Esquire, has been advised of the intention to file this Petition at this time. WHEREFORE, Petitioner requests your Honorable Court to enter an Order providing for the children to be re-enrolled in the Grace Baptist Christian School for the 2003-2004 school year. Respectfully submitted, 113!03 D to 1 o as, Esquire ney for Defendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I, Marylou Matas, Esquire, counsel for CHRISTOPHER S. PECORA, hereby swear and affirm that the facts set forth in this document are true and correct to the best of my knowledge, information, and belief. I have sufficient knowledge or information and belief as to the averments stated in these pleadings, based upon my personal knowledge and information obtained from my client. This statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: 813 / d 3 u Matas, Es ire fir-- MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this ItA day of 2003, by and between Mark A. Myers (hereinafter referred to as "Husband") and Debra L. Myers, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on October 1, 1994; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, one (1) child was born of this marriage, Kasey Erin Myers, born October 15, 1998; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission by either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as maybe necessary to carry out the provisions of the agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each party hereto completely understand and agree that neither shall do nor say anything to the child of the parties at any time that might in any way influence the child adversely against the other party. 3. DIVISION OF PERSONAL PROPERTY The parties have equitably divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property which heretofore have been used by them in common. Neither party will make any claim to any items that are now in the possession nor under the control of the other. Wife and child are currently residing with wife's mother and does not have a place to store all of her furniture. Husband has agreed to permit wife's personal property to remain at the former marital residence, 107 S. East Street, Carlisle, Pennsylvania until she has established her own residence. The following items are wife's that are currently located at husband's residence: 1. Bedroom suite, including night stand, dresser, 5-drawer chest & blanket chest. 2. Dining table & chairs 3. Stereo, speakers & CDS 4. Bookcase (9-cube) 5. Filing cabinet & contents 6. All Longaberger baskets 7. "Baskets" picture 8. White picture frame & shelves 9. Stemware & finer dinnerware 10. Christmas quilt 11. End tables (mahogany or cherry) Kasey's 12. Dresser 13. Crib & toddler bed 14. Bassinet 15. All items of Kasey's in attic 16. Small tv 17. Cubby toy box 18. Bench toy box 19. Red wooden easel 20. Wooden doll house The followings items are to be split 21. Kitchen items 22. Bath towels 23. Sheets & blankets 24. Kasey's movies, toys & books 25. Home decor items 26. Items packed in the attic 2 4. AUTOMOBILES The parties shall be responsible for their respective vehicles. Husband shall have all right and title to his vehicle. He shall maintain insurance on his vehicle and be responsible for any and all maintenance, liens and other payments related thereto. Husband shall indemnify and hold Wife harmless for all matters related to his vehicle. Wife shall have all right and title to her vehicle. She shall maintain insurance on her vehicle and be responsible for any and all maintenance, liens and other payments related thereto. Wife shall indemnify and hold Husband harmless for all matters related to her vehicle. Wife agrees to make reasonable attempts to refinance the vehicle loan to remove Husband from any liability for loan on Wife's car. 5. DIVISION OF REAL PROPERTY The parties own no real estate. 6. FINANCIAL ACCOUNTS, STOCKS, BONDS AND INVESTMENTS The parties have equitably divided their respective financial accounts, stocks, bonds, joint ventures, businesses and other investments. Each party shall maintain their separate accounts and investments and hereby release any interest they may have in the other's accounts, stocks, bonds, joint ventures, businesses, real estate or other investments. 7. PENSION/RETIREMENT Husband and Wife shall maintain their separate pension and/or retirement accounts. Husband relinquishes any and all rights he may have in Wife's pension or retirement accounts and Wife relinquishes any and all rights she may have in Husband's pension or retirement accounts. 8. MARITAL DEBTS The parties have incurred various marital debts. Some of the debts are in Husband's and Wife's name (Kough's Oil Service), some are in Wife's name (WSI, UGI, PP&L) and some are joint debts (Direct TV, Adams Electric, Americredit for Wife's car and Connie Brown, Husband's mother). Husband shall be responsible for the Kough's Oil bill ($672.12) and the debt to Connie Brown ($1,740.00). Wife shall be liable for and hold Husband harmless for her vehicle loan (Americredit). Wife shall be responsible for paying the other joint debts including: Direct TV ($86.17), Adams Electric ($333.85) WSI ($123.53), UGI ($80.71), PP&L ($21.44) all totaling 3 approximately $646.00. Wife shall also pay the sum of $870.00 to husband within two (2) years from the date of this Agreement, payments to begin by June 2004 in the amount of at least $20.00 or more as Wife is able. 9. ALIMONY, SUPPORT AND APL Each party hereby waives, releases, discharges and gives up any rights either may have against the other to receive spousal support, alimony pendente lite or alimony. 10. CUSTODY The parties agree that Husband and Wife shall share Legal Custody and Physical Custody of their child. Wife agrees to work with Husband's work schedule to insure that he has regular meaningful contact with his daughter. Each party agrees to inform the other of the major parenting decisions affecting the child's health, education and welfare. Each party shall have the right to access the child's medical, educational and other records. The parties agree that the above custody arrangement may be changed by the mutual agreement of the parties or, if the parties are unable to agree, through legal action. 11. CHILD SUPPORT Husband and Wife agree that because of their current custody arrangement and their respective incomes that neither should receive child support from the other. Husband agrees that he shall pay either to Wife or directly to the child care provider an amount equal to one full week's child-care every other week during the year or in the summer as needed. Husband shall provide medical, dental and vision insurance for Kasey and shall be responsible for all co-pays, deductibles and any other expenses not covered by the insurance up to the amount of $100.00. If such costs exceed $100.00 Wife shall be responsible for one half (1/2) the costs in excess of $100.00. Husband shall also reimburse Wife M of the costs related to Kasey's school, extra-curricular activities, clothing and supplies, and vice versa, provided that each party is first advised of the cost or costs involved and consents thereto. The parties understand that if circumstances change in the current custody situation or that either party's financial situation changes either may seek modification for child support by further agreement or through the Domestic Relations Office (DRO) or court of competent jurisdiction. 12. FILING OF IRS RETURN Husband and Wife agree to file a separate tax return for tax year 2003 and separately in all subsequent years. (Each party 4 shall be entitled to claim Kasey as a dependant every other year, Wife being entitled to claim her in the odd years. 13. DIVORCE The parties agree to cooperate with each other in obtaining a final divorce of the marriage that Wife has filed, docketed at 2003-3118 CIVIL TERM. It is agreed that upon execution of this MSA, the parties shall promptly execute and allow to be filed the documents necessary to obtain an uncontested no-fault divorce. 14. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Joseph D. Buckley, Esquire, for Husband, and Thomas D. Gould, Esquire, for Wife. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or posses individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 15. DISCLOSURE OF ASSETS Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of 5 inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this commonwealth or any other court of competent jurisdiction. The respective parties do hereby warrant that there has been full and fair disclosure to the other of his or her income, assets and liabilities, whether such are held jointly or in the name of one party alone, and each party agrees that any right to further disclosure, valuation, enumeration or statement hereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that on the basis of their respective warranties of disclosure, the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 16. ATTORNEY FEES Each party shall be responsible for their respective attorney fees and costs. 17. INCORPORATION This agreement is to be incorporated into any subsequent Decree in Divorce. 18. CONTINUED COOPERATION The parties agree that they will within fifteen days after the execution of this agreement, or request of the other party, execute any and all written instruments assignments, releases, deeds or notes or other writings as may be necessary or desirable for the proper effectuation of this agreement. 19. BREACH If either party breaches any provision of this agreement, the other party shall have the right, at his or her election, to 6 sue for damages for such breach, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 20. VOLUNTARY AGREEMENT The provisions of this agreement are fully understood by both parties and each party acknowledges that the agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 21. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator/executor of the other's estate. 22. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 23. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities as this agreement. The failure of either party to insist upon strict performance of any of the provisions of this agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 24. PRIOR AGREEMENTS It is understood and agreed that any prior agreements which may have been made or executed or verbally discussed prior to the date and time of this agreement are null and void. 25. ENTIRE AGREEMENT This agreement contains the entire understanding of the 7 parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 26. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding affect whatsoever in determining the rights or obligations of the parties. 27. APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties set their hands and seals Witness Date %"C" b Witness IZ1115 Date 4 rk A. Mlys f ? De ra 8 Commonwealth of Pennsylvania: ss County of i PERSONALLY APPEARED BEFORE ME, this L'V day of 2003, a notary public, in and for the Commonwealth of Pennsylvania, Mark A. Myers, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal, 2NA a t No ry Public a/ 7 NOTARIAL SEAL KAREN KAY BUCKLEY, Notary Puhho <h MiddletownTwp., CLAftertsand r'? r n+ ucsion Ex ire^ June 2.3 Commonwealth of Pennsylvania: ss County of W day APPEARED BEFORE ME, this 6o day of N1ero._/. , 2003, a notary public, in and for the Commonwealth of Pennsylvania, Debra L. Myers, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed the same for the purposes herein contained, le? f Notary Public " NOIAR1AL SEAL KA - "N KAY BUCKLEY, Notary Rut',lo ?"?ctcilctonm 7 wP., C 1JMh1. r r 9 wn _ O =T -n - i DEBRA L. MYERS, PLAINTIFF V. MARK A. MYERS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - 3118 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE I, Thomas D. Gould, attorney for Plaintiff, in the above captioned action for divorce, hereby certify that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by depositing the same in the United States mail on July 2, 2003 pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the signed Acceptance of Service attached hereto, the Complaint was received by the Defendant on July 8, 2003. Thomas D. Gould ID # 36508 Attorney At Law 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 N f'J l_: :_ W 'fi ? 'l' ? --? L TCrn r? C ? . ?? _' <,. _r- `v =. DEBRA L. MYERS, PLAINTIFF V. MARK A. MYERS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - 3/I? CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, Mark A. Myers, accept service of the Divorce Complaint in the above captioned matter. Dated: 9 1,90-03 o4/ rk A. yers 107 S. East Street Carlisle, PA 17013 DEFENDANT h) O ?a C _ a..? 'YI T: U.: ? -f Fl"Ci i-? - f'''7 -J - Zrm t:f?. t _?. ?i .? ? r (,. :I I ?? ?_ lL7 DEBRA L. MYERS, PLAINTIFF V. MARK A. MYERS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - 3118 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on July 1, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. I acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 12 1 I ?I 0?) o C7 ?_ ? T7 _ - -,gym - N DEBRA L. MYERS, PLAINTIFF V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - 3118 CIVIL TERM MARK A. MYERS, IN DIVORCE DEFENDANT WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: C EBRA S C-1 DEBRA L. MYERS, PLAINTIFF V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - 3118 CIVIL TERM MARK A. MYERS, IN DIVORCE DEFENDANT AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 1, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. I acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: fj A. RS c o -? U - f r I n r c DEBRA L. MYERS, PLAINTIFF V. MARK A. MYERS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - 3118 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 11110/03 N p ?} 'i7 F; ? -. n n9 r _;,_, kS? C% C7 DEBRA L. MYERS, PLAINTIFF V. MARK A. MYERS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - 3118 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the 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 of the complaint: On July 8, 2003 by Acceptance of Service. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff, December 18. 2003; By Defendant, December 18, 2003. 4. Related claims pending: None 5. Date Plaintiff' s Waiver of Notice in § 3301(c) divorce was filed with the Prothonotary on December 19, 2003. Date Defendant's Waiver of Notice in § 3301(c) divorce was filed with the Prothonotary on December 19, 2003. Thomas D. Gould, Esquire Attorney For Plaintiff o Ci n -r,c r. w7l .s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. » DEBRA L. MYERS, Plaintiff NO. 2003-3118 CIVIL VERSUS MARK A. MYERS, Defendant DEGREE IN DIVORCE AND NOW, Dezy Z`E-- , 2003 , IT IS ORDERED AND DECREED THAT DEBRA L. MYERS , PLAINTIFF, AND MARK A. MYERS DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; THE MARRIAGE SETTLEMENT AGREEMENT DATED DECEMBER 18, 2003 IS HEREBY INCORPORATED INTO THIS DECREE IN DIVORCE. BY THE COURT: ATTE ^ J. PROTHONOTARY i-a 9z-. Ci IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA _?_ hra t' 1'Y1 y2 r5 Plaintiff Vs File No. ;?003- 30g IN DIVORCE Mark A. MarS . Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or ? after the entry of a Final Decree in Divorce dated l a 'a 3 ;00-? hereby elects to resume the prior surname of /V/ /Y7 e S , and gives this written notice avowing his / her intention pursuant 'to. the rovisi s ?f54P.S.04. 3 a? 09 Date: ' i a e lwqlxk?,? S ature a being resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF C?? loin a.?l? On the d-0 day of 200q, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. Notary Public NOTARIAL SEAL PROTHONOTARY, NOTARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION EMPIRES JANUARY 4,2010_ ? N c ;15 w;