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HomeMy WebLinkAbout08-1112J CINDY L. MYERS, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW STEVEN W. MYERS, Defendant NO.68 - !!! ?, CIVIL TERM 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 will proceed without you and a decree of divorce or annulment may be entered against you for any 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 at Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 or (800) 990-9108 CINDY L. MYERS, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA STEVEN W. MYERS, Defendant CIVIL ACTION -LAW NO. 08 CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE NO FAULT 1. Plaintiff is Cindy L. Myers, an adult individual currently residing at 37 Shepard Road, Newville, Cumberland County, Pennsylvania. 2. Defendant is Steven W. Myers, an adult individual currently residing at 37 Shepard Road, Newville, Cumberland County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 28, 1990, in Cumberland County, Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301(c) of the Domestic Relations Code. COUNT II INDIGNITIES 11. Paragraphs 1 through 10 are incorporated herein by reference as if set forth in their full text. 12. Defendant has committed such indignities upon the person of the Plaintiff, the innocent injured spouse, as to make her condition intolerable and life burdensome. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301(a) (6). COUNT III EQUITABLE DISTRIBUTION 13. Paragraphs 1 through 12 are incorporated herein by reference as if set forth in their full text. 14. Plaintiff and Defendant are joint owners of various items of personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 15. Plaintiff and Defendant are joint owners of real estate located in Cumberland County, which was acquired during their marriage and which is subject to equitable distribution. 16. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitable apportioning the debts incurred by the parties. COUNT IV ALIMONY, ALIMONY PENDENTE LITE, AND COUNSEL FEES 17. Paragraphs 1 through 16 are incorporated herein by reference as if set forth in their full text. 18. Plaintiff is unable to provide for, or afford her counsel fees, expenses and costs during the pendency of this divorce action, and through its resolution. 19. Plaintiff is without sufficient property and otherwise unable to financially support herself through appropriate employment. 20. Defendant is presently employed and receiving a substantial income and benefits and is able to pay for counsel fees, expenses, and costs, as well as alimony, and alimony pendente lite for the Plaintiff. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order requiring Defendant to pay for Plaintiffs counsel fees, expenses, and costs as well as providing for payment of an appropriate alimony and alimony pendente lite to Plaintiff. Respectfully submitted, jal r iff, Esquire rnyf Plaintiff GRIME & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 'web '..G (J 13 G3: T.'"? (712) 201-1406 p.5 VERIFICATION I venA, that the staternen:s made in the foregoing document are true and correct. I understand that false statements herein arc made subject to the penalties of IS Fa.C.S. Section J904, relating to unswom falsifications to auLorities. DATE: Ll- 0?, CINDY I.... S, P'a?inLd- ??? ca 77 7k C"? rti??7 r-t CINDY L. MYERS, Plaintiff VS. STEVEN W. MYERS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. Ofr-"'-'CIVIL TERM IN DIVORCE PETITION FOR SPECIAL RELIEF IN THE FORM OF EXCLUSIVE POSSESSION OF THE MARITAL RESIDENCE AND NOW, comes Petitioner, Cindy L. Myers, by and through her counsel, Bradley L. Griffie, Esquire and the Law Firm of Griffie & Associates, and petitions the Court as follows: 1. Your Petitioner is Cindy L. Myers, the Plaintiff in the above captioned action and an adult individual currently residing at 37 Shepherd Road, Newville, Cumberland County, Pennsylvania. 2. Your Respondent is Steven W. Myers, the Defendant in the above captioned action and an adult individual whose mailing address is 37 Shepherd Road, Newville, Cumberland County, Pennsylvania, but who has been residing for extended periods outside of the aforesaid residence. 3. The parties are the natural parents of three children, namely, Bryce A. Myers, born July 30, 1990, Jared L. Myers, born January 21, 1994, and Cormick M. Myers, born December 7, 1995. 4. Petitioner filed a Complaint in Divorce, which is being served by certified mail, restricted delivery, upon the Defendant contemporaneously with the filing of this Petition, wherein she has requested a divorce based upon a no-fault, consent divorce action and based upon indignities, as well as claims for equitable distribution of the marital property, alimony, alimony pendente lite, counsel fees and expenses. 5. For an extended period time, Respondent has been extremely confrontational and physically, verbally and emotionally abusive to Petitioner. 6. In September 2007, while Petitioner was sleeping on the couch in the parties' living room, with her children sleeping on the floor beside her, Respondent attacked her by punching her numerous times in the head and face, which attack was thwarted by the intervention of the parties' children. 7. Due to the physical attack on the Petitioner by Respondent, Petitioner incurred a black eye, a cut lip and various bruises about her face. 8. Respondent is a heavy alcohol drinker and routinely comes home intoxicated. 9. Whether he is intoxicated or not, Respondent routinely curses and swears at Petitioner, in front of the parties' children, using extremely vulgar language, which is verbally abusive to Petitioner, as well as the parties' minor children. 10. The parties' son, Bryce, has come to Petitioner's defense during confrontations initiated by Respondent on numerous occasions and has had to intervene, even under circumstances where Respondent is initiating or attempting to initiate physical abuse on Petitioner. 11. Petitioner is gainfully employed, which causes her to be away from the home at times when Respondent is at the home, which Respondent has used to create additional confrontations with Petitioner by locking Petitioner outside of the home and locking the screen or storm doors to the home for which there is no key. 12. Petitioner has locked Petitioner out of her home on numerous occasions and Petitioner cannot get into her home until one of her children intervene. 13. The conduct of Respondent is having an extreme adverse emotional impact upon the children to this marriage. 14. While Petitioner has initiated a Complaint in Divorce and is in the process of serving it by certified mail, restricted delivery, she has great fear for her and the children's safety when Respondent receives the Complaint in Divorce because of the physical, emotional, psychological and verbal abuse that has been inflicted on Petitioner by Respondent for many months. 15. Petitioner has no knowledge of legal counsel whom Respondent may retain in this matter. 16. For extended periods of time, the longest of which has been the past 11 days, Respondent has not been sleeping at the marital residence, although it is believed that he has stopped at the marital residence during periods when Petitioner is not at the residence. 17. Petitioner, through counsel, has provided Respondent with a copy of this Petition, prior to filing, with the Complaint in Divorce, which is being served by certified mail, restricted delivery upon Respondent. 18. The certified mail, restricted delivery has included a cover letter wherein Petitioner's counsel has requested Respondent to remain away from the marital residence pending the resolution of this matter. WHEREFORE, Petitioner requests your Honorable Court to enter a Rule upon Respondent to show cause, if any he has, as to why Petitioner should not be granted exclusive possession of the marital residence in this matter and, pending further proceedings, requests that the Court enter an Order providing her with exclusive possession. Respectfully submitted, Z nffie, Esquire o for Petitioner 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Feb 20 00 05:06p (7171 261 1400 p.6 I verify that the statements made in the foregoing document are twe and correct. I undersand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE; Cc-A J - CINDY LEERS CINDY L. MYERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW STEVEN W. MYERS, NO. CIVIL TERM Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire hereby certify that I did, the S day of February, cause a copy of Plaintiff's Petition for Special Relief In the Form of Exclusive Possession of the Marital Residence to be served upon the Defendant, Steven W. Myers, by serving him by first class mail, postage prepaid, and certified mail, restricted delivery, at the following addresses: Steven W. Myers 37 Shepherd Road Newville, PA 17241 DATE: a o2 S' Q? e . Griffie, Esquire Attorney for Plaintiff J rl CINDY L. MYERS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. STEVEN W. MYERS, DEFENDANT IN DIVORCE NO. 08-1112 CIVIL ORDER OF COURT AND NOW, this 4th day of March, 2008, upon consideration of the Petition for Special Relief in the Form of Exclusive Possession of the Marital Residence, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule shall issue upon the Defendant, Steven W. Myers, to show cause, why the Plaintiff is not entitled to the relief requested. 2. Defendant shall file an Answer to the Petition on or before March 24, 2008. Said Answer shall be forwarded to this Court. 3. If the Defendant does not file an Answer, the relief requested by the Plaintiff will be granted. 4. If an Answer is filed the by Defendant, brief argument will be heard on March 31, 2008, at 9:00 a.m. 5. Notice of entry of this order shall be provided to all parties by the Plaintiff. By the Court, M. L. Ebert, Jr., J. .'N-0 - ' . ?uv Bradley L. Griffie, Esquire Attorney for Plaintiff Steven W. Myers Defendant bas O-Orogs m5.tLCL 3/5/D$ CINDY L. MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW STEVEN W. MYERS, NO. 08-1112 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this day of 2008, comes Bradley L. Griffie, Esquire, and states that he mailed a certified and true copy of a Complaint in Divorce as well as a copy of a Petition for Special Relief to the Defendant, Steven W. Myers, at his address of 37 Shepard Road, Newville, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating service was made on February 29, 2008. .ff GRIFFIE AND ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscrib A to before me this day of r' , 2008 /. yj?u' z N TA Y PUBLIC NO?MM?i am MV LZ tkftw Mae cMrif0?01N1? ? Mloa 4rw JW •. INS riffie, Esquire i 4orneYfor Plainti ?: } ??, ?'??a '?.tdRiK ? N1.r t r .. ` Postal (Domestic CERTIFIED MAIL RECEIPT 0 Only; Nc?jnsur;nce Coverage Proviaed) 11111111I CO ru Lr) ?,: -,? ?,Zt nJ y N Postage $ ?. ' ru Certified Fee 0 Return Receipt Fee i ? ?st?ric 0 (Endorsement Required) t Here 0 Restricted Delivery Fee y . C3 (Endorsement Required) . ,' 9y nJ , W Total Postage R as C3 Sent To ------------------- ?--- Apt No.- C3 Sfreet ; N or PO Box No. ............... State, Z/P+4 n 7ay,; MEEW ¦ Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to. N?r1 P,4 ?7aY1 A. SIgnV/ W ? Agent B. Jjacoved by (A*)ted Neff*) C. Date of Delivery D deli dNtetertt from item 1? 0 Yes address below: 0 No OJQ Mail 0 Express Mail Registered 0 Retum Receipt for 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Uft Fee) 2. Article Number ' J-? (Rrenstbr ham w, 0. Jay 1/? yv 7 6aoqo 060J as9$ a,Fgy PS Form 3811, Feb wy 2oo4 bonneotic Return Receipt 102595-02-M-1540 P C > - 4 .q a. CINDY L. MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW STEVEN W. MYERS, NO. 08-1112 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this ' t day of 2008, comes Bradley L. Griffie, Esquire, and states that he mailed a certified and true copy of a Petition for Special Relief and resulting Order of Court dated March 4, 2008 to the Defendant, Steven W. Myers, at his address of 37 Shepard Road, Newville, PA 17241, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating service was made on March 14, 2008. B d le, quire E & ASS? IATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 Sworn and subscribed to before me this 7 ,Yl day of 2008 NOTARY PUBLIC ' NOTAIGArt fE/1t RCAN J. SASUV Notary PUW M? ,4011 t C7 ?Y? CD G'. Ytowu-k . sn.?...,,aes?aen::.?«aY,F«....?.•.a.?w _wt?' (Domestic r°u , ..n L rU ul Postage $ C.• V ru rt r:ertified Fee j rU C3 r- Postmark Return Receipt Fee pp (Endorsement Required) * * s Restricted Delivery Fee • `d 0 (Endorsement Required) rU ti rU Total Postage & Fees S C3 sent To p - p Street, Apt. No.; or PO Box No. " ------- -- -- City, State, ZlP+4 - -------•-- ••----•-------°-----•-- PS Form 3800 See Reverse tor histructiow. ¦ Complete items 1 2, and 3. Also complete item 4 if RestriC• ? Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this candAo the back of the mailpiece, or on the front if space permits. A. Sig"01W ?J ? Agent XX c?'? dresses B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from Item 17 ? Yes If YES, enter delivery address below: ? No 5-It0747 /7 ?- t-I Type Mail ? Express Mali Registered 13 Return Receipt for M ise p!? Insured Mail ? C.O.D. J? Delivery! (&ft Fee) jk/y_ 2. Article Number MWMfer rs&-vkelw 7a?ode oooa ':9' 5a5 2&1 1. Article Addressed to: Ile AW l7 ? f PS Form 3811, February 2004 DomeeW Return Rapt 102595-02-M-1540 ? sv co 1 1?w -?.'J!4 0 CINDY L. MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW STEVEN W. MYERS, NO. 08-1112 CIVIL TERM Defendant IN DIVORCE STIPULATION AND NOW, the day and year hereinafter set forth, the parties stipulate and agree as follows: 1. The Defendant, Steven W. Myers, has previously vacated the residence at 37 Shepard Road, Newville, Cumberland County, Pennsylvania. 2. From the date of this Stipulation forward, Cindy L. Myers shall have exclusive possession of the aforesaid residence at 37 Shepard Road, Newville, Cumberland County, Pennsylvania, to the exclusion of the Defendant, Steven W. Myers, pending the divorce proceedings in this matter. 3. Steven W. Myers is excluded from the residence for all purposes pending further Order of Court or written Agreement of the parties. 4. This Stipulation is intended to be full and final satisfaction for the Petition for Exclusive Possession filed by Plaintiff in this matter. IN WITNESS WHEREOF, the parties hereto have set forth their hand and seal the day and year hereinafter written. WITNESSETH: f6e, Esquire Date CIND L. MYERS- ?? 08'J Stacy B. olf, Esquire Date STEVEN W. MYERS C'3 ? 0 -n Mfr ,;. t n . MAY ] 620D8p.+ y ? CINDY L. MYERS, Plaintiff vs. STEVEN W. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 08-1112 CIVIL TERM IN DIVORCE ORDER OF COURT S? AND NOW, this ?t day of 2008, upon presentation and consideration of the within Stipulation, IT IS HEREBY ORDERED AND DIRECTED that exclusive possession of the residence located at 37 Shepard Road, Newville, Cumberland County, Pennsylvania, is granted to Plaintiff, Cindy L. Myers, from this time forward. Defendant, Steven W. Myers is excluded from the premises and shall not enter upon the premises for any purposes without further Order of Court or written Agreement of the parties, pending the divorce proceedings in this matter. This Order is entered in full and final satisfaction of the Petition for Exclusive Possession filed by the Plaintiff in this matter. BY THE COURT, hk_'?" M. L. Ebert, Jr., Judge Cc: /Bradley L. Griffie, Esquire Attorney for Plaintiff Stacy B. Wolf, Esquire Attorney for Defendant (20 t ,ES M:at LCL S'?2 t?0£3 CINDY L. MYERS, Plaintiff VS. STEVEN W. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-1112 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER CINDY L. MYERS (Plaintiff) (Dek-wlaft), moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property () Annulment () Support (X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) (ha&iie4) appeared in the action (peFsenel}y) (by his attorney, Stacy B. Wolf, Esquire). (3) The Statutory ground(s) for divorce (is) (are) 43301(c) and 3301(a)(6). (3) Delete the inapplicable paragraph(s): a. The aefie : of ^ ntestea b. An agreement has been reached with respect to the following claims: None C. The action is contested with respect to the following claims: None (4) The action (inv4ves) (does not involve) complex issues of law or fact. (5) The hearing is expected to take one (ls) (days). (7) Additional information, if any, relevant to the motion: Date: (Plaintiff) (De€eadapA) ORDER APPOINTING MASTER AND NOW, , 20 appointed master with respect to the following claims: Esquire is By the Court: J. S _0 fi? R .w' rµl ?? ?Y? _. ? '?: ?..a ?y „ ""J,-. ? ?: `? x;7 y ,r _y ?' ?? ??? CINDY L. MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. STEVEN W. MYERS, Defendant CIVIL ACTION - LAW NO. 08-1112 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER CINDY L. MYERS (Plaintiff) (Defer), moves the court to appoint a master with respect to the following claims: (X) Divorce () Annulment (X) Alimony (X) Alimony Pendente Lite (X) Distribution of Property ()Support (X) Counsel Fees (X) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) (has-iet) appeared in the action (peFsemally) (by his attorney, Stacy B. Wolf, Esquire). (3) The Statutory ground(s) for divorce (is) (are) 43301(c) and 3301(a)(6). (3) Delete the inapplicable paragraph(s): a. The ae4io : of eentested b. An agreement has been reached with respect to the following claims: None C. The action is contested with respect to the following claims: None (4) The action (involves) (does not involve) complex issues of law or fact. (5) The hearing is expected to take one (heufs) (days). (7) Additional information, if any, relevant to the motion: None Date: _?4.77 4 ?r-- me or (Plaintiff) (Defendeffit) AND NOW, 20 a$ appointed master with respect to the following claims: By the Esquire is zt t -, co T C:n C-1 C?> -C CINDY L. MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08 - 1112 CIVIL STEVEN W. MYERS, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of _ 2kkj' , 2008, counsel and the parties having entered into an agreement and stipulation resolving the economic issues on November 5, 2008, the date set for a conference, the agreement and stipulation having been transcribed, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. cc: ./Bradley L. Griffie /Attorney for Plaintiff ? Stacy B. Wolf Attorney for Defendant l:6FI. s rnar(fCL lilt, J08 BY THE COURT, y ? Gv1 Edgar B. Bayley, P.J. _?. GL. -? ? ? lui r.. LJ I ! : . . G N CJ CINDY L. MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08 - 1112 CIVIL STEVEN W. MYERS, Defendant IN DIVORCE THE MASTER: Today is Wednesday, November 5, 2008. This is the date set for a conference in the above-captioned proceedings. Present in the hearing room are the Plaintiff, Cindy L. Myers, and her counsel Bradley L. Griffie, and the Defendant, Steven W. Myers, and his counsel Stacy B. Wolf. An action in divorce was filed on February 20, 2008, raising grounds for divorce of irretrievable breakdown of the marriage and indignities. Counsel have indicated that they are going to have their clients sign affidavits of consent and waivers of notice of intention to request entry of divorce decree today so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The affidavits and waivers will be provided to the Master's office; after they have been signed, the Master's office will file the affidavits and waivers with the Prothonotary. The complaint in divorce also raised economic claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. 1 The Master has been advised that after negotiations this morning, the parties have reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the recordjin the presence of the parties. The agreement as stated; on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which maybe made during the transcription. Consequently, when the parties leave the hearing room today, even though there J no signing of the agreement affirming the terms of settlement, they are nevertheless bound by the agreement as stated on the record. The parties and counsel are going to return later this morning to review the draft of the agreement, make typographical corrections as necessary, and!'then affix their signatures affirming the terms of settlement as stated on the record. The Master, upon receipt of the completed agreement, will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. The parties were married on April 28, 1990, and separated February 15, 2008. They are the natural parents of three children, all of whom reside with the wife. The oldest child is emancipated in the sense that he has 2 recently graduated from high school and is currently employed. The other two children are minors and ate still in school. Mr. Griffie. MR. GRIFFIE: If the Master pleasej, the parties wish have to the following terms set forth in a comprehensive stipulation to settle all of the matters raised before the Master. 1. The parties' marital real estate located at 37 Shepherd Road, Newville, Cumberland County, Pennsylvania,jwhich is encumbered with a mortgage to Washington Mutual Bank and a home equity mortgage to Sovereign Bank will be retained by wife. Wife, within 45 days, will refinance both mortgages on the home at which time husband will provide w?fe with a special warranty fee simple deed conveying his interest in the home. Wife's counsel shall prepare a deed and provide it to husband's counsel to secure his signature and to hold in escrow pending the refinancing. At the time of refinancing and delivery of the deed, husband shall make no additional claim of any nature whatsoever relative to any ownership interest oriequitable rights in the real estate. 2. Husband has and shall retain a 1993 Oldsmobile vehicle and previously retained a 2005 Chevy Blazer vehicle which shall remain as his sole possession. It is understood that the 2005 Chevy Blazer has been returned to the bank where the bank that had a lien on the title, and the bank has accepted the return of the vehicle in satisfaction of that loan. In the event there are any additional claims due to any encumbrances on either the 1993 Oldsmobile dr the 2005 Chevy Blazer, those claims shall be husband's sole responsible and he will indemnify wife and hold her harmless from any such financial claims. In the event that it is necessary for wife to execute any documents to waive and transfer her interest in the vehicle, she will do so within 15 days of being provided with documentation to;do so. 3. At the time of the parties' separation they had an Adams County National Bank account that was in joint names. This account which is believed to still be in existence 3 shall become husband's account for him to either use or close as he deems appropriate. 4. At the time of the parties' separation, wife] had a Member's 1st Federal Credit Union account which its and shall remain her bank account. Neither party will makes claims against the account the other party is retaining.] 5. Husband was previously employed in a positi n that allowed him to accrue pension benefits through t e Teamsters union. Wife waives any interest in husband's T amsters pension which will provide a small monthly benef't to husband at age 65. In the event it is necessary for wife to sign any documents waiving her interest in that ension, she will do so within 15 days of being provided with documents to sign. 6. Husband also, through the Teamsters, has a enefit with the Teamsters Retirement Income Plan 1987. Hus and shall execute a QDRO as prepared by wife's counsel to oll over the sum of $23,068.00 from the Teamsters Retirem nt Income Plan 1987 to wife. After this roll over occurs wife shall have no additional claim of any nature whatsoeve relative to the Teamsters Retirement Plan and will sign a y documents necessary to waive any interest in that plan. ny tax consequences resulting as a result of the roll o er and wife's withdrawal of funds shall be her responsi ility. Husband will execute the QDRO within 15 day, of being presented with the document through counsel. 7. Husband has a 401(k) plan through his emploent with Anderson. Wife hereby waives, relinquishes and ransfers any interest she has individually or through her marriage to husband in the Anderson 401(k) account and will sign any documents necessary to waive her interest in the account within 15 days of being presented with any such documentation. 8. Husband has a stock investment with his em loyer Anderson. Wife waives, relinquishes, and trans ers any interest she has in the stock investment and wi 1 sign any documents to so waive her interest within 15 da s of being provided documentation to sign. 9. The parties have an $1,800.00 IRS stimulus check which will be endorsed by husband today and provided o wife with husband making no additional claim to those fun s. 10. The parties have cemetery plots located at Westminster 4 t Cemetery in Carlisle which are believed to be in joint names. Wife hereby transfers any interest that s e has in the cemetery plots to husband and will execute an documents necessary to so transfer or waive her interest in the cemetery plots within 15 days of being requested (to do so. 11. The parties have divided all their tangible personal property to their mutual satisfaction and neithe party will make any claim against the other to tangible per onal property in the other parties' possession. 12. Wife withdrawals her request and waives any attorney fees, alimony and alimony pendente lite stipulatio. claim for by this 13. Except as herein otherwise provided, each p rty may dispose of his or her property in any way and ea h party hereby waives and relinquishes any and all right he or she may now have or hereafter acquire under the pres nt or future laws of any jurisdiction to share in the roperty or the estate of the other as a result of the marit 1 relationship including without limitation, statu ory allowance, widow's allowance, right of intestacy right to take against the will of the other, and right toiact as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge and deliver any and all instruments which may be nec ssary or advisable to carry into effect this mutual waive and relinquishment of all such interest, rights, and claims. 14. The parties will finalize the divorce proce execution of an affidavit of consent and a waive to request the entry of a decree in divorce purs Section 3301(c) of the Divorce Code. MR. GRIFFIE: Ms. Myers, were you dings by of notice ant to there to hear the entire stipulation that I just dictated? MS. MYERS: MR. GRIFFIE: Yes, sir. Do you understand Yes, sir. the terms of the stipulation? MS. MYERS: 5 MR. GRIFFIE: It is your desire th4t that stipulation be entered to satisfy all claims in this divorce? MR. GRIFFIE: Yes, sir. j MS. WOLF: Mr. Myers, you were also present to hear the full stipulation today; is that correct? MR. MYERS: Correct. MS. WOLF: And all claims that ha e been resolved today, are you in agreement with how al of these claims have been resolved today? MR. MYERS: Yes, I am. MS. WOLF: You are in full agreem nt with all the terms of this settlement today? MR. MYERS: Yes. THE MASTER: Do you understand th terms? MR. MYERS: Yes. THE MASTER: Thank you, counsel a d parties. I acknowledge that I have read the abo e stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made nd intend to bind myself to the settlement as a contract o ligating myself to the terms of settlement and subjecting myself to 6 V the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: PoornyyL . riffie A orPlaintiff IUJ tacy B. Wolf Attorney for Defendant Cindy LUG Myers (.cJ Steven W. Mye 7 CINDY L. MYERS, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA STEVEN W. MYERS, Defendant : CIVIL ACTION - LAW NO. 08-1112 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on February 20, 2008, and served on February 29, 2008, as indicated in Affidavit of Service. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. DATE: Cindy L. M rs, Plaintif „_ } __ ..._.- _.z '. i _?. ? ? ?, fyi ?; ?, . CINDY L. MYERS, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA STEVEN W. MYERS, Defendant CIVIL ACTION - LAW NO. 08-1112 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER $3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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 THE FOREGOING 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. DATE: Cindy L. M rs, Plaintiff r ?_ , a - .„ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY L. MYERS, CIVIL ACTION - LAW Plaintiff vs NO. F.R. 2008-1112 CIVIL TERM STEVEN W. MYERS, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on February 20, 2008 and service was made on February 29, 2008, as indicated in Affidavit of Service. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. DATE: J D- 30 D STEVEN W. MYERS, De ndant OF THE Fpti: F tl, nTAAY 2009 NOV -2 PM 2: O3 P PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY L. MYERS, Plaintiff vs STEVEN W. MYERS, Defendant : CIVIL ACTION - LAW : NO. F.R. 2008-1112 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. DATE: D - -3 - 0 9 STEVEN W. MYERS PILE- 0'FICE OF THE Pr^,{NTH-CM, TARP 2009 NOV -2 FM 2: O3 rE ZYLVA NIA IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA - FRANKLIN COUNTY CINDY L. MYERS, Plaintiff STEVEN W. MYERS, Defendant TO THE PROTHONOTARY: CIVIL ACTION - LAW vs NO. F.R. 2008-1112 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: 3301(c) of the Divorce Code (Strike out inapplicable section). 2. Date and manner of service of the Complaint: by certified mail, return receipt on February 29, 2008. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: December 22, 2008 by Defendant: October 30, 2009 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (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 Plaintiffs Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: December 24, 2008 Date Defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: November 2, 2009 r Fe, Esquire CIATES torney for Plaintiff F1LEL OffiCZ ELF THE fir"` fiMHONOTAR' 2009 NOV 16 PM 1: 42 T? CUIVU-" Cindy L. Myers IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Steven W. Myers NO. 08-1112 DIVORCE DECREE AND NOW, ROA#, . t, \N , IWk , it is ordered and decreed that Cindy L. Myers , plaintiff, and Steven W. 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.") None. The comprehensive Stipulation entered into before the Divorce Master on November 5, 2008 is incorporated herein, but not merged herein. By the Court, vt\ -? SAI Attest: J. 01 1) Lyn Prot onotary ??' ? ? ©? ?! . ? .?? ? ?? ?`' ?? ?- ??. CINDY L. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. STEVEN W. MYERS, Defendant CIVIL ACTION - LAW NO. 08-1112 CIVIL TERM IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, STEVE W. MYERS a/k/a STEVEN W. MYERS (hereinafter referred to as "Participant") and CINDY L. MYERS (hereinafter referred to as "Alternate Payee") have agreed to a division of marital property, which Agreement includes provision for a distribution from Participant's account in the Central Pennsylvania Teamsters Retirement Income Plan 1987 (hereinafter "Plan"); and WHEREAS, this Qualified Domestic Relations Order (hereinafter the "Order") provides for the division and disposition of the marital components of the Participant's account in the Plan, which is a defined contribution plan provided by the Central Pennsylvania Teamsters Union, of 1055 Spring Street, Wyomissing, Pennsylvania 19610. WHEREAS, Participant intends to grant the Alternate Payee, rights to such benefits in such amounts on the terms and conditions prescribed hereinafter as provided for in the Plan; and WHEREAS, this Order is intended to be a Qualified Domestic Relations Order (hereinafter referred to as "QDRO"), as that term is defined in Section 414(p) of the Internal Revenue Code and Section 206(d)(3) of ERISA. P NOW THEREFORE, IT IS STIPULATED AND ORDERED AS FOLLOWS: 1. The parties intend for this Order to constitute a "Qualified Domestic Relations Order" as defined in Section 414(p) of the Internal Revenue Code of 1986, as amended. 2. This Order applies to the following qualified retirement plan: The Central Pennsylvania Teamsters Retirement Income Plan 1987 (hereinafter referred to as the "Plan") 3. Participant's Social Security Number is xxx-xx-xxxx* and Participant, at present, is an active participant in the Plan. 4. Alternate Payee's Social Security Number xxx-xx-xxxx* and she is the Participant's former spouse. 5. Participant's date of birth is October 4, 1959, and his last known mailing address is 111 Karen Drive, Carlisle, Cumberland County, Pennsylvania 17013. 6. Alternate Payee's date of birth is March 19, 1960, and her last known mailing address is 37 Shepherd Road, Newville, Cumberland County, Pennsylvania 17241. 7. Participant's interest in the Plan is marital property subject to segregation by this Court. This Order assigns to Alternate Payee a portion of the Participant's account balance under the Plan in an amount equal TWENTY-THREE THOUSAND SIXTY- EIGHT AND XX/100 (23,068.00) DOLLARS. As soon as administratively practicable after the Plan Administrator determines this Order to be a Qualified Domestic Relations Order, the Alternate Payee's share of the Participant's account 0 balance shall be segregated and held separately in an account for the Alternate Payee. The Plan Administrator will credit the amount segregated with a pro rata portion of plan gains, losses and expenses from November 5, 2008 (the date of the parties' Agreement and Stipulation) to the plan valuation date closest to the date the Alternate Payee receives her benefit. Payment of benefits to the Alternate Payee can commence when the Participant reaches his "earliest retirement age" as that term is defined in Section 206(d)(3)(E) of ERISA and Section 414(p)(4) of the IRC. 8. This Order does not require the Plan to provide any type or form of benefit, or option not otherwise provided under the Plan, nor require the payment of any benefits for the Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order, nor require the Plan to provide increased benefits which result from future contributions to the Plan. Any provisions of this Order which appear to be otherwise, shall be null and void and have no effect. 9. In no event shall the Alternate Payee have a greater right than those which are available to the Participant. 10. Any reasonable cost incurred by the Plan Administrator to effectuate the terms and provisions of this Order may be assessed against that party requiring the servitudes of the Plan Administrator. In the event both parties require services of the Plan Administrator, such expenses shall be divided equally between them. 11. The parties shall promptly submit this Order to the Plan Administrator for determination and approval of this document as a Qualified Domestic Relations Order. The Plan Administrator is the Central Pennsylvania Teamsters Union of P.O. Box 15223, Reading, Pennsylvania 19612-5223. 12. A copy of this Order shall be mailed promptly, return receipt requested, to the Plan Administrator. The Plan Administrator shall within a reasonable time after the receipt of this Order, determine whether this Order is a Qualified Domestic Relations Order, and notify both the Participant and the Alternate Payee of such a determination. Until such time as a determination has been made, the Finance Committee shall comply with all requirements imposed upon him by Section 404(p)(7) of the Code and Section 206(d)(3)(h) of ERISA. If the Finance Committee determines that this Order is not a Qualified Domestic Relations Order, then it shall notify the Participant and Alternate Payee of such determination and reason therefore. 13. This Court shall retain jurisdiction for enforcement purposes and to make any changes in this Order to the extent required to carry out the intent of the parties as evidenced by their affirmations in their Separation and Property Settlement Agreement. IT IS INTENDED THAT THIS ORDER SHALL QUALIFY AS A QUALIFIED DOMESTIC RELATIONS ORDER AS SUCH IS DEFINED UNDER SECTION 414(p) INTERNAL REVENUE CODE OF 1986 AS AMENDED. The Court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Qualified Domestic Relations Order. WITNESS: c, v 9' iffie, Esquire Date Cindy L. My tacy B. W f, Esquire Date Steve W. Myers a/k/a Ste i W. Myers *The original Qualified Domestic Relations Order being filed of record has Social Security Numbers redacted forCbnfidentiality purposes. Dated and approved by this, the Court of Common Pleas of Cumberland County, Pennsylvania, this 111 day of 9 64 200$. BY THE COURT, J. !-? ' r COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I On this IkO- day of , VU 11C 2008', before me, the undersigned officer, personally appeared CINDY L. MYERS, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. @slow Im :re 8=M:0W*N8& 0 %W M 2 a I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this day of /1/0/,/ rAl ? l 20'', before me, the undersigned officer, personally appeared STEVE W. MYERS a/k/a STEVEN W. MYERS, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYi_.v--VIP, Notarial Seal Nathan C. WoN, Notary PubrL Carlisle Boro, Cumberland County My Commission Expires April 19, 201:: Member, Pennsylvania Association or riL?L3-: r#CE OF THE POR HOINOTARY 1009 NOV 19 Phi 3: 33 CUM=w "1inzY