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HomeMy WebLinkAbout03-3229JOSEPH E. MYERS, Plaintiff V JAN L. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - ~ CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 JOSEPH E. MYERS, Plaintiff V JAN L. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - .~.2q CIVIL ACTION - LAW IN DIVORCE COMPLAINT Plaintiff, Joseph E. Myers, by his attorneys, Broujos & Giiroy, P.C., sets forth the following: 1 Plaintiff, Joseph E. Myers, is an adult individual residing at 250 Old Sawmill Road, Newburg, Cumberland County, Pennsylvania 17240. 2 Defendant, Jan L. Myers, is an adult individual residing at 8133 Scenic Drive, Shippensburg, Pennsylvania 17257, Cumberland County, Pennsylvania 17240. 3 The parties were married on December 6, 1989, in Shippensburg, Cumberland County, Pennsylvania. 4 Plaintiff and Defendant have lived continuously in the Commonwealth of Pennsylvania for at least six months prior to the commencement of this action. 5 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. 6 There have been no prior actions for divorce or annulment in this or any other jurisdiction within the knowledge of the Plaintiff. 7 In accordance with Section 3301(c) of the Divorce Code, the marriage between the parties is irretrievably broken. WHEREFORE, the Plaintiff requests your Honorable Court to decree that the Plaintiff be divorced from the Defendant. BROUJOS & GILROY, P.C. By ~~ire 717 - 243-4574 I verify that the statements in the foregoing pleading 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. JOSEPH E. MYERS, Plaintiff JANL. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-3229 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes Defendant, Jan L. Myers, by and through her attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. Plaintiff, Joseph E. Myers, is an adult individual who resides at 250 Old Sawmill Road, Newburg, Cumberland County, Pennsylvania. 2. Defendant, Jan L. Myers, is an adult individual who resides 8133 Scenic Drive, Shippensburg, Franklin County, Pennsylvania. 3. An Answer and Counterclaim to the Complaint In Divorce containing a claim for alimony pendente lite was filed on August 13, 2003. 4. The Plaintiff is employed with Andco, Inc. in Shippensburg, Pennsylvania and earns approximately $1,475.00 gross per month. 5. The Defendant is employed with Morrow Construction and earns approximately $4,000.00 gross per month. 6. Defendant requires alimony pendente lite in Order to prosecute this action and to maintain herself during the pendency of this litigation. WHEREFORE, Defendant is in need of alimony pendente lite in order to sustain herself and to meet her financial obligations during the pendency of this divorce. Respectfully submitted, O'BRIEN, BARIC & SCHERER Mio~ol'~. Sc~herer, Esquire I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dirldomesticlmyerslapl.pet CERTIFICATE OF SERVICE hereby certify that on August I'~ ,2003, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Plaintiff's Petition For Alimony Pendente Lite, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Hubert X. Gilroy, Esquire Broujos & Gilroy 4 North Hanover Street Carlisle, Pennsylvania 17013 JOSEPH E. MYERS, Plaintiff JAN L. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-3229 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ANSWER AND COUNTERCLAIM TO DIVORCE COMPLAINT AND NOW, comes the Defendant, Sally J. Lewis, by and through her attorney, Michael A. Scherer, Esquire and represents as follows: 1. Admitted. 2. Denied. The Defendant's correct address is 8133 Scenic Drive, Shippensburg, Franklin County, Pennsylvania 17257. 3.-7. Admitted. COUNTERCLAIM COUNT II-EQUITABLE DISTRIBUTION 8. Plaintiff hereby incorporates by reference paragraphs 1 through 7 above. 9. The parties have acquired real and personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. COUNT Ill-ALIMONY PENDENTE LITE 10. The Defendant will be unable to adequately support herself on her income alone during the pendency of this litigation. 11. The Defendant will require alimony pendente lite from the Plaintiff in order to provide for her basic needs during the divorce and to enable her to pursue this litigation. 12. The Plaintiff has an income which is substantially higher than the Defendant's and he is able to provide alimony pendente lite to the Defendant. WHEREFORE, the Defendant respectfully requests that this Honorable Court enter an award of alimony pendente lite in her favor following the divorce. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dirldomesticlmyersldivorcecomplaint,ans VERIFICATION The statements in the foregoing Answer and Counterclaim To Divorce Complaint are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: c~-11-~2,./~ ~c,~.~_~, Jain .~Myers CERTIFICATE OF SERVICE I hereby certify that on August I',~ ,2003, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Answer And Counterclaim To Divorce Complaint, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Hubert X. Gilroy, Esquire Broujos & Gilroy 4 North Hanover Street Carlisle, Pennsylvania 17013 JOSEPH E. MYERS, Plaintiff/Respondent VS. JAN L. MYERS, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2003-3229 CIVIL TERM IN DIVORCE Pacses# 185105750 ORDER OF COURT AND NOW, this 12th day of September, 2003, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadda¥ on October 8~ 2003 at 9:00A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Mail copies on Petitioner 9-12-03 to: < Respondent Michael Scherer, Esquire Hubert Gilroy, Esquire Date of Order: September 12, 2003 BY THE COURT, George E. Hoffer, President Judge ~adday, Conference Officer (/ YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 II JOSEPH E. MYERS, Plaintiff JAN L. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND ,COUNTY, PENNSYLVANIA NO. 2003-3229 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes Defendant, Jan L. Myers, by and through her attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. Plaintiff, Joseph E. Myers, is an adult individual who resides at 250 Old Sawmill Road, Newburg, Cumberland County, Pennsylvania. 2. Defendant, Jan L. Myers, is an adult individual who resides 8133 Scenic Drive, Shippensburg, Franklin County, Pennsylvania. 3. An Answer and Counterclaim to the Complaint In Divorce containing a claim for alimony pendente lite was filed on August 13, 2003. 4. The Plaintiff is employed with Andco, Inc. in Shippensburg, Pennsylvania and earns approximately $1,475.00 gross per month. 5. The Defendant is employed with Morrow Construction and earns approximately $4,000.00 gross per month. 6. Defendant requires alimony pendente lite in Order to prosecute this action and to maintain herself during the pendency of this litigation. WHEREFORE, Defendant is in need of alimony pendente lite in order to sustain herself and to meet her financial obligations during the pendency of this divorce. Respectfully submitted, O'BRIEN, BARIC & SCHERER Mic'h~el A. Scherer, Esquire I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dirldomesticlmyemlapl,pet CERTIFICATE OF SERVICE I hereby certify that on August I ~-~ ,2003, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Plaintiff's Petition For Alimony Pendente Lite, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Hubert X. Gilroy, Esquire Broujos & Gilroy 4 North Hanover Street Carlisle, Pennsylvania 17013 J~ ~ndsa In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION JAN L. MYERS ) Docket Number Plaimiff ) vs. ) PACSES Case Number JOSEPH E. MYERS ) Defendant ) Other State ID Number AND NOW, to wit on this ORDERED that the 03-3229 CIVIL 18510~60 CO 26TH DAY OF SEPTEMI~ER, 2003 IT IS }II~jEBY__ C) Complaint for Support or C) Petition to Modify or (~) Other ALIMONY PENDENTE LITE filed on AUGUST 14, 2003 in the above captioned matter is dismissed without prejudice due to: THE PLAINTIFF WITHDRAWING HER REQUEST FOR ALIMONY PENDENTE LITE CONFERENCE. THE CONFERENCE THAT IS SCHEDULED FOR OCTOBER 8, 2003 IS CANCELLED. C) The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. DRO: RJ Shadday xc: plaintiff defendant Michael Schsrer, Esquirs Hubert Gilroy, Esquire BY THE COURT: Edgar B. Bayley ~UDGE Form OE-506 Service Type M Worker ID 21005 09/1B/2~B3 ~4:29 7~7249§?§5 Robzrt L. O'Brten DavtdA, ,B~'lc Mtcha~l A. Scheft' UBS O~BRIEN, BAPJC & $CHER~ 17 IVezt South ~trszt carlisle, Penn..ylvanta 17015 PAGE (717) 249-6875 FAX (717) September 17, 2003 01 VIA FACSIMILE: (717) 240-6248 Ricky Shadday Conference Officer Domestic Relations 13 North Hanover Street Carlisle, Pennsylvania 17013 RE: Joseph E. Myers v. Jan L. Myers No. 2003-3229 Civil Term PACSES No. 185105750 Dear Ricky: I represent Jan L Myers in the above-captioned matter. Please accept this letter as my request to withdraw the Petition For Alimony Pendente Lite filed on August 14, 2003. Should you have any questions, please contact me. Very truly yours, O'BRIEN, BARIC & SCHERER Michael A. Scherer MAS./]I cc: Jan Myers Hubert GIIroy, Esq. File mas.dir/dom=~de,/myem/dro2.Rr JOSEPH E. MYERS, Plaintiff JAN L. MYERS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003 - 3229 CIVIL ACTION : IN DIVORCE 2003. AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE_ A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on July 9, 2. Defendant acknowledges receipt and accepts service., of the Complaint on or about July 29, 2003· 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the f'fling of the Complaint. 4. I consent to the entry of a final decree of divorce with.out notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. · Divorce Decree is entered by the Court 6. I understand that I will not be divorced untd a and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 7. 1 have been advised of the availability of marriage counseling and understand that 1 may request that the Court require counseling. I do not request that the Court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ja~rL. Myers / Def~dant MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN JOSEPH E. MYERS AND JAN L. MYERS Hubert X. Gilmy, Esquire BROUJOS & GILROY 4 N. Hanover Street Carlisle, Pennsylvania 17013 Telephone: (717) 243-4574 Michael A. Scherer, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-6873 Counsel for Plaintiff Counsel for Defendant MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, madethis 0~.(~I' day of ~ .~.~ ,2004 by and between Joseph E. Myers, of Cumberland County, PennsYlvania, and Jan L. Myers of Franklin County, Pennsylvania. WITNESSETH: WHEREAS, Joseph E. Myers (hereinafter called "Husband") currently resides at 250 Old Sawmill Road, Newburg, Pennsylvania, 17240; and, WHEREAS, Jan L. Myers (hereinafter called '~/Vife") currently resides at 8133 Scenic Drive, Shippensburg, Pennsylvania 17257; and, WHEREAS, the parties hereto are husband and wife, having been lawfully married on December 6, 1989; and, WHEREAS, a divorce complaint was filed on July 9, 2003; and, WHEREAS, three minor children were born of the marriage; and, WHEREAS, the parties hereto are desirous of settling fully and finally their respective marital and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: t. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart at such places as they may desire, free frem all control, restreint, interference and authority, direct or indirect, by the other. Neither party will interfere with the use, ownership, enjoyment or disposition of any preperty now owned by or hereafter acquired by the other. 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Wife has secured legal advice from Michael A. Scherer, Esquire, her counsel, and Husband has secured legal advice from Hubert X. Gilrey, Esquire, his counsel. Each party fully understands the facts and 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, and that the 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. 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. 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 fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divome action with respect to these parties shall be limited to a claim for divome only. The parties agree that they will each execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order that counsel may finalize the divorce action in a timely fashion. $. EQUITABLE DISTRIBUTION. A. Real Estate. The parties are the owners as tenants by the entireties of real estate located at 250 Old Sawmill Road, Newburg, Pennsylvania, 17240, which property was the marital residence. Husband shall pay Wife the sum of $20,000 for Wife's interest in the property, and Husband shall become the sole owner of the marital residence and shall refinance the M & T mortgage on the property within 90 days of the date of this agreement. Concurrent with the refinance, Wife shall execute a deed transferring ail right, title and interest to the aforementioned residence 9. BREACH, If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non- breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. '10. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 11. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. WITNESS: Jan L. Myer~ JOSEPH E. MYERS, Plaintiff V JAN L. MYERS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003 - 3229 CIVIL : : IN DIVORCE AFFIDAVIT OF SERVICE 1, Hubert X. Gilroy, being duly sworn according to law do depose and state that a copy of the Complaint and Notice to Plea filed in the above referenced matter was served on Defendant Jan L. Myers, by certified mail on July 29, 2004. A copy of the Certified Mail - Return Receipt Requested, Restricted Delivery, is attached hereto and marked Exhibit A. Hubert X. Gilroy, Esquire Attorney for Plaintiff Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 717 - 243-4574 Sworn and subscribed before me this /~. N day of ~ b o q ,2004 *'Notar~Public Notarial Seal Bridget Ann Con:oran, Notary Public Carlisle Boro, Cumberland County My Commission Expires June 10,~06 M~rnbflr, Pennsylvania Association of NOtades · COi13plete Iterfls 1, 2, and 3. Also complete item 4 if Restr~ct~ Delivery is desired. · Print your name md address on the reverse so that we can return the card to you. · Attach this c~rd tO the back of tt~ maiipiece. or on the front if space permits. JAN L. MYERS 8133 SCENIC DRIVE SHIPPENSBURG, PA 17257 Received by (;~ase Print $ignatt~re If YES PS Fom~ 3811, july 1999 ' : Domestic RetUrn ~t 3. Type JOSEPH E. MYERS, Plaintiff JAN L. MYERS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003 - 3229 CIVIL : IN DIVORCE Defendant : PRAECIPE TO TRANSMIT RECORD TO THEPROTHONOTARY: 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 (X)3301(c) ()3301(d)(1) of the Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: July 29, 2003, First Class Certified Mail, Return Receipt Requested. 3. (Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff: July 28, 2004; Defendant: July 16, 2004. (b) (1) Date of execution of the Plaintiff's affidavit required by Section 3301(d) of the Divorce Code: ; (2) Date of service of the Plaintiff's affidavit upon the Defendant: 4. Related claims pending: None. 5. Complete either (a) (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: August 5, 2004 (c) Date Defendant's Waiver of Notice in §3~02(c) Divorce was filed with the Prothonotary: August 9, 2004. //~~f~. Hubert X. G)lroy, Esquire Attorney f94~ Plaintiff Broujos ,WGilroy, PC 4 North Hanover Street Carlisle, PA 17013 717-243-4574 IN THE COURT OF COMMON PLEAS STATE OF JOSEPH g. MYERS PLAINTIFF OF CUMBERLAND COUNTY ¢ ~~~ PENNA. No. 2003 - 3229 JAN L. MYERS DEFENDANT DECREE IN DIVORCE AND NOW, DECREED THAT AND JOSEPH E. MYERS JAN L. MYERS ~__~. IT IS ORDERED AND ,PLAINTIFF, ,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; ~k ~ Property Settlement Agreement dated July 28, 2004 is incorporated into thi~ Order ATTEST: PROTHONOTARY