HomeMy WebLinkAbout08-1556THOMAS E. MYERS,
Plaintiff
V.
MOLLY S. MYERS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
: NO.08- ?Sa2
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
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
the following pages, you must take prompt action. You are warned that if you fail to do
so, the case may proceed without you, and a decree of divorce or annulment may be
entered against you by the Court. A judgment may also be entered against you for any
other claim or relief requested in these papers by the Plaintiff. You may lose money or
property or other rights important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available
in the Office of the Prothonotary at
CUMBERLAND COUNTY COURTHOUSE. CARLISLE PENNSYLVANIA 17013
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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: 717-249-3166
Wayne . Shade, Esquire
Supreme Court No. 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Plaintiff
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
11
THOMAS E. MYERS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
V.
NO. 08- /SSZ CIVIL TERM
MOLLY S. MYERS,
Defendant : IN DIVORCE
COMPLAINT
COUNTI
DIVORCE
1.
Plaintiff in this Action in Divorce is THOMAS E. MYERS, an adult individual
who resides at 240 Oxford Road, Gardners, Cumberland County, Pennsylvania 17324.
2.
Defendant is MOLLY S. MYERS, an adult individual and citizen of the United
States of America who resides at 604 Sunset Drive, Dillsburg, York County,
Pennsylvania 17019.
3.
Plaintiff has been a bona fide resident of Cumberland County, Pennsylvania, for
more than six months previously to the filing of this Complaint and continuing to the
commencement of this Action in Divorce.
4.
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
Plaintiff and Defendant were lawfully joined in marriage on June 14, 1979.
5.
The parties have been living separate and apart since November 7, 2006.
6.
Plaintiff avers as the grounds on which this action is based that the marriage of the
parties is irretrievably broken. In the alternative, Plaintiff avers as the grounds on which
this action is based that Defendant has offered such indignities to the person of the
Plaintiff, the innocent and injured spouse, as to render the condition of Plaintiff
intolerable and the life of Plaintiff burdensome.
7.
There have been no prior actions for divorce or annulment of this marriage in
Pennsylvania or in any other jurisdiction.
8.
This Action in Divorce is not collusive.
9.
Both parties to this Action in Divorce are legally capable of managing their own
concerns.
10.
Defendant herein is not a member of the armed forces of the United States of
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
America.
-2-
11.
There were children born to the parties, both of whom are adults.
12.
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.
WHEREFORE, Plaintiff demands judgment dissolving the marriage between the
parties.
COUNT II
EQUITABLE DISTRIBUTION
13.
The averments of Paragraphs 1 through 12 inclusive above are incorporated herein
by reference as though fully set forth.
14.
Plaintiff and Defendant possess various items of marital property which are subject
to equitable distribution by the Court.
WAYNE F. SHADE
Attomey at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
-3-
WHEREFORE, Plaintiff demands judgment equitably distributing all marital
property owned by the parties and such further relief as the Court may deem equitable and
just.
Wayne . Shade, Esquire
Supreme Court No. 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Plaintiff
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
-4-
I verify that the statements made in this 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.
Date: March 7, 2008
Thomas E. Myers
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
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THOMAS E. MYERS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
V.
NO. 08- / S CIVIL TERM
MOLLY S. MYERS, :
Defendant : IN DIVORCE
HUSBAND'S PETITION FOR SPECIAL RELIEF
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW, comes Plaintiff THOMAS E. MYERS, by and through his attorney,
Wayne F. Shade, Esquire, and respectfully represents, as follows:
1.
Petitioner THOMAS E. MYERS, is the Plaintiff and Husband in the above-
captioned matter who resides at 240 Oxford Road, Gardners, Cumberland County,
Pennsylvania 17324.
2.
Respondent MOLLY S. MYERS, is the Defendant and Wife in the above-
17019.
captioned matter who resides at 604 Sunset Drive, Dillsburg, York County, Pennsylvania
3.
The parties have been separated from marital cohabitation for the purposes of the
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
Divorce Code since November 7, 2006.
4.
During the period of marital separation, Husband has been represented by Wayne
F. Shade, Esquire, and Wife has been represented by Emily Long Hoffman, Esquire.
5.
During the period of marital separation, the parties have liquidated marital assets
with a total value of approximately $160,000.
6.
Husband's approximate gross earnings are $69,000 per year, and Wife's
approximate gross earnings are $32,000 per year.
7.
Husband has a need for division of the cash because he paid all of the marital
expenses during the separation of the parties and because he is assuming responsibility
for all of the educational expenses of the daughter of the parties at Messiah College.
8.
Husband has proposed that the parties divide all or a portion of the cash from the
liquidation of the marital assets with preservation of all claims in equitable distribution.
9.
Husband avers that Wife would not be prejudiced by the division of all or a portion
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
of the cash with preservation of all remaining economic claims because there are ample
-2-
other assets to secure any claims that Wife may have to more than half of the net marital
estate.
10.
Wife is unable to articulate any particular respects in which she would be
prejudiced by the division of all or a portion of the cash.
11.
Wife refuses to cooperate in division of the cash while claiming that she has a need
for spousal support and that she does not have the resources to pursue her claims in
equitable distribution.
WHEREFORE, Husband respectfully requests that your Honorable Court issue a
Rule upon Wife to show cause why the cash from the sale of marital assets should not be
divided under the authority of 23 Pa.C.S. §3502(f) with preservation of all remaining
economic claims.
Gam/
Wayne F. Shade, Esquire
Supreme Court No. 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Plaintiff
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
-3-
The statements in the foregoing Petition 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 falsification to
authorities.
Date: March 7, 2008
Thomas E. Myers
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
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MAR 14 2008
THOMAS E. MYERS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
V.
NO. 08- / S sZ CIVIL TERM
MOLLY S. MYERS,
Defendant : IN DIVORCE
ORDER OF COURT
Rule returnable within days of service` hereof. 0-pl?
By the Court,
A'.
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
AND NOW, this I1 ?1 day of h for E)K , 2008, upon
consideration of the within Petition, a Rule is issued upon Defendant to show cause why
the relief requested therein should not be granted.
Wayne F. Shade, Esquire
Attorney for Plaintiff
Emily Long Hoffinan, Esquire
Attorney for Defendant
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Emily Long Hoffman, Esquire
Attorney I.D. #66307
P.O. Box 11475
Harrisburg, PA 17108-1475
(717)233-1112
Attorney for Defendant/Respondent
Thomas E. Myers, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,
PENNSYLVANIA
V. NO. 08 - 1556
Molly S. Myers, CIVIL ACTION - LAW
Defendant IN DIVORCE
WIFE'S RESPONSE TO HUSBAND'S PETITION FOR SPECIAL RELIEF
AND NOW, comes Defendant, Molly S. Myers, by and through her attorney, Emily Long
Hoffman, and in response to Husband's Petition for Special Relief responds as follows:
1. This is an averment to which Defendant and Wife in the above-captioned matter has no
knowledge and therefore is deemed denied.
2. Admitted.
3. Denied. It is specifically denied that the parties have been separated from marital cohabitation
for the purpose of the divorce code since November 7, 2006. By way of further explanation, this
is a legal argument to which no response is required. The parties lived in the marital house until
they sold the home in the fall of 2007. In November of 2006, Wife received a letter from
Husband's attorney notifying her that her Husband "finds it necessary to seek an end to your
marriage."
4. Admitted.
5. Denied. It is denied that the parties have liquidated marital assets with a total value of
approximately $160,000. By way of further explanation, during the support conference Husband
averred that there is $125,000 in uncashed marital checks. Wife desires a strict accounting from
Husband regarding the amount of liquidated assets.
6. Denied. It is denied that Husband's approximate gross earnings are $69,000 per year. By
way of further explanation, Wife has no knowledge of his earnings as no written documentation
of proof of income other than his W-2 earnings for 2007 in the amount of $62,000 has been
supplied to her for the year 2007. Husband files taxes with four different partnerships and Wife
does not have access to the financial information concerning said partnerships. In 2006, in
addition to his W-2 earnings Husband showed business, partnership and rental income of
$36,868. Now that Husband has recently filed the divorce action, Wife is in the process of
composing appropriate Interrogatories and Request for Production of Documents to obtain said
information. In addition, Wife desires that Husband provide to her additional financial
information. Husband has one business whose 2006 partnership return shows partners' capital
accounts of $41,732. Husband has another business whose 2006 partnership return shows
partners' capital accounts of $36,225. Wife needs to retain the services of an accountant to sort
out these issues.
7. Denied. It is specifically denied that husband has a need for division of cash because he paid
all of the marital expenses during the separation and because he is assuming responsibility for all
of the educational expenses of the daughter of the parties at Messiah College. By way of further
explanation, during the Domestic Relations conference, Husband averred that he will pay only
approximately $3,000 over the course of the year for daughter's college expenses and Domestic
Relations took that into consideration in reducing Wife's award of spousal support. In the past,
the parties paid for their daughter's college expenses by using Husband's 401k. Husband stated
at the support conference that this year, rather than paying for the college out of his 401k, he took
out a student loan for which his daughter is either partially or fully responsible to pay back.
With regard to marital expenses, it is acknowledged that Husband did pay the majority of
household expenses which alleviated the need for Wife to obtain spousal support until they left
the marital home. After the marital house was sold, Husband gave no money to Wife until she
filed for support whereupon it was found that he should pay her $600 per month in spousal
support.
8. It is admitted that Husband proposed that the parties divide the proceeds but the amount
suggested does not protect nor cover Wife's marital interests.
9. Denied. It is denied that Wife would not be prejudiced by the division of all or a portion of
the cash with preservation of all remaining economic claims because there are ample other assets
to secure any claims that Wife may have to more than half of the net marital estate. By way of
further explanation, Husband has a pension which is approximately twice the amount of Wife's
pension which we desire to be distributed in an immediate offset manner as there are joint funds
available and we believe that the present value of Husband's pension is approximately $50,000
more than Wife's pension. Furthermore, Husband owns several businesses which will need to be
valued and disbursed accordingly. Husband's 401k is also larger than Wife's and will need to be
distributed accordingly. Husband also has an interest in four different partnerships that must be
valued.
10. Denied. It is denied that Wife is unable to articulate any particular respects in which Wife
would be prejudiced by the division of all or a portion of the cash. By way of further
explanation, it is believed that Husband will owe Wife all or more of the funds currently
available. Wife is concerned that, if all the proceeds are disbursed, despite preservation of all
claims in equitable distribution, then Husband may spend them or, in the event he has trouble
with creditors, he may lose those proceeds to creditors. Wife has no knowledge as to the
financial health of Husband's partnerships until she is allowed access to and is able to have the
partnerships valued by an expert. Please see Response in Paragraph 9.
11. Denied. It is denied that Wife is refusing to cooperate in division of the cash. She does have
a need for spousal support and she does not have the resources to pursue her claims in equitable
distribution. By way of further explanation, Wife asked Husband to disburse enough money to
allow her to value the two pensions at an approximate cost of $1,000 and the money required to
obtain an expert to value the businesses so that she may make an informed decision. Husband
refused to distribute such funds. Wife does not have the funds available to obtain such an
evaluation. Wife does not have money to hire a pension appraiser. Wife does not have money
to hire an accountant. Wife asked Husband for information on the cost basis of the properties
that were sold and for information and cooperation so that she could complete her 2007 income
taxes including whether to file jointly or separately. Husband has not responded to Wife's
requests in February and March of this year. Husband has all of the information concerning the
cost basis of the properties sold. Wife would also be willing to release funds to Husband's
partner Bobby Marsh provided the parties are able to reach an understanding regarding allocation
of capital gains and provided information is provided to her so that she can make an informed
decision. Wife is willing to disburse a portion of the proceeds in order to pay the capital gains
taxes which payment is due by April 15.
WHEREFORE, Wife respectfully requests that your Honorable Court deny Husband's
request to disburse all of the proceeds. In the alternative, Wife requests the following:
1) that a hearing be held to resolve these issues;
2) that Husband and Wife each receive $5,000 from the available funds to use for their experts;
3) that Husband be required to share information with Wife with regard to basis issues of the
properties sold and issues concerning capital gains treatment for 2007 income taxes,
4) that Husband and Wife resolve issues concerning the filing of their 2007 income taxes;
5) that the parties disburse from the joint funds amounts to cover capital gains for their 2007
taxes provided the parties reach a consensus regarding the basis and capital gain treatment;
6) disburse money owed to Robert Marsh provided Robert Marsh and the parties reach an
agreement regarding treatment of basis and capital gains with full disclosure to Wife of the
necessary information.
7) the remainder of the funds shall be deposited in a IOLTA account or interest bearing account
which requires both attorneys' signatures before any disbursement with 1099's on the account to
be applicable to the parties in a 50150 manner.
8) any and all other relief deemed necessary by this Honorable Court.
Respectfully submitted,
By: A
EMILY LON HOFFMAN, ESQUIRE
Sup. Ct. I.D. # 66307
105 North Front Street
P.O. Box 11475
Harrisburg, PA 17108-1475
(717)233-1112
Date:
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of Defendant's Response to Rule to
Show Cause was served on the individual listed below, by First Class United States Mail addressed
as below:
Wayne F. Shade, Esquire
53 West Pomfret Street
Carlisle, PA 17013
Date: 3" a 9 Y
By: ?t
Emily Long Hoffinan
Sup. Ct. I.D. # 66307
P.O. Box 11475
Harrisburg, PA 17108-1475
(717)233-1112
VERIFICATION
I, Molly S. Myers, upon my personal knowledge, information, and belief, aver that the
facts averred and statements made in the foregoing document are true and correct to the best of
my knowledge.
I understand that false statements or Averments therein made will subject me to the
criminal penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities.
BY: 1
Molly S. Weis
Date: , ) - :),(5 - C
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THOMAS E. MYERS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
V. :
NO. 08-1556 CIVIL TERM
MOLLY S. MYERS,
Defendant : IN DIVORCE
PRAECIPE
TO: Curtis R. Long, Prothonotary
Please enter my appearance and acknowledgment of receipt of a certified copy of
the Complaint in Divorce and Petition for Special Relief in the above-captioned matter on
behalf of Defendant.
Date: 3 l - U
Emily Long Hoffman, Esquire
105 North Front Street
Harrisburg, Pennsylvania 17108
Attorney for Defendant
....
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THOMAS E. MYERS, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. IN DIVORCE
MOLLY S. MYERS,
DEFENDANT NO. 08-1556 CIVIL
IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF
ORDER OF COURT
AND NOW, this 2"d day of April, 2008, upon consideration of the Plaintiff's
Petition for Special Relief and the Response filed by Defendant,
IT IS HEREBY ORDERED AND DIRECTED that a status conference will
be held on Tuesday, April 29, 2008, at 8:15 a.m. in chambers of Courtroom No. 5
at the Cumberland County Courthouse, Carlisle, Pennsylvania.
By the Court,
N' -?'
M. L. Ebert, Jr., J.
'Wayne F. Shade, Esquire
Attorney for Plaintiff
?Emily Long Hoffman, Esquire
Attorney for Defendant
bas
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r 3 0 2008
ORDER OF COURT
AND NOW, this ts day of May, 2008, upon agreement of the parties, the sum
THOMAS E. MYERS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
V.
NO. 08-1556 CIVIL TERM
MOLLY S. MYERS,
Defendant : IN DIVORCE
of Nine Thousand Nine Hundred Twenty-Four and 80/100 ($9,924.80) Dollars shall be
distributed from the proceeds of sale of marital assets to Robert J. Marsh. In addition, the
sum of Forty Thousand and No/100 ($40,000.00) Dollars shall be distributed to each of
the parties hereto. The remainder of the proceeds from the sale of marital assets shall be
deposited in equal amounts in two interest-bearing accounts at Orrstown Bank in the
names of Wayne F. Shade, Esquire, and Emily L. Hoffman, Esquire, as escrow agents for
Thomas E. Myers and Molly S. Myers. The interest on one of the accounts shall be
reported to Thomas E. Myers, and the interest on the other account shall be reported to
Molly S. Myers.
By the Court,
`c
M.L. Ebert, Jr., J.
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
Wayne F. Shade, Esquire
Attorney for Plaintiff
Emily Long Hoffman, Esquire
Attorney for Defendant
111 wir:
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THOMAS E. MYERS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
V.
NO. 08-1556 CIVIL TERM
MOLLY S. MYERS, :
Defendant : IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
Plaintiff THOMAS E. MYERS moves the Court to appoint a Master with respect
to the following claims:
(X) Divorce
( ) Annulment
( ) Alimony
( ) Alimony Pendente Lite
(X) Distribution of Property
( ) Support
( ) Counsel Fees
( ) Costs and Expenses
and in support of the Motion states:
1. Discovery is complete as to the claim(s) for which the appointment of a
Master is requested;
2. Defendant has appeared in the action by her attorney, Emily Long Hoffman,
Esquire;
3. The statutory grounds for divorce are irreconcilable breakdown and
indignities to the person;
4. The action is contested with respect to the claims of equitable distribution;
5. The action does not involve complex issues of law or fact; and
6. The hearing is expected to take one day.
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
Date: October 24, 2008
Wayn . Shade, Esquire
Supreme Court No. 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Plaintiff
- rl M
ORDER APPOINTING MASTER
AND NOW,
2008, E. Robert Elicker II Esquire, is
appointed Master with respect to the foregoing claims. , ,
By the Court,
J.
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
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OCT Z 7 2008(,
THOMAS E. MYERS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
V.
NO. 08-1556 CIVIL TERM
MOLLY S. MYERS,
Defendant : IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
Plaintiff THOMAS E. MYERS moves the Court to appoint a Master with respect
to the following claims:
(X) Divorce
( ) Annulment
( ) Alimony
( ) Alimony Pendente Lite
(X) Distribution of Property
( ) Support
( ) Counsel Fees
( ) Costs and Expenses
I and in support of the Motion states:
1. Discovery is complete as to the claim(s) for which the appointment of a
Master is requested;
2. Defendant has appeared in the action by her attorney, Emily Long Hoffinan,
Esquire;
3. The statutory grounds for divorce are irreconcilable breakdown and
indignities to the person;
4. The action is contested with respect to the claims of equitable distribution;
5. The action does not involve complex issues of law or fact; and
6. The hearing is expected to take one day.
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
Date: October 24, 2008
Wayn . Shade, Esquire
Supreme Court No. 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Plaintiff
'-A %,
ORDER APPOINTING MASTER
AND NOW, 66WH,4- d-q , 2008, E. Robert Elicker, II, Esquire, is
appointed Master with respect to the foregoing claims.
By the Court,
a
J.
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
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Emily Long Hoffman, Esquire
Attorney I.D. #66307
P.O. Box 11475 Attorney for Defendant
Harrisburg, PA 17108-1475
(717)233-1112
THOMAS E. MYERS, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,
PENNSYLVANIA
V. NO. 08 - 1556
MOLLY S. MYERS CIVIL ACTION - LAW
Defendant IN DIVORCE
INCOME AND
OF EXPENSE
Defendant, Molly S Myers
Defendant files the following Income and Expense Statement.
Defendant verifies that the statements made in this Income and Expense Statement are
true and correct. Defendant understands that false statements herein are made subject to the
penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities.
r L'
Molly Syers
2/18/09
MOLLY MYERS INCOME and EXPENSE
15.64 / hour is her hourl rate
$29,642.89 Gross income from 2008 W - 2
Employer: Direct Brands Inc.
Spousal support: $650 / month
2007 Federal and State Tax Return attached
current Paystub is attached
For pay period 1/5/09 to 1/18/09:
Total Gross
Fed. Tx. $1,226.40
Social Sec. (274.94)
Medicare ( 69.56)
Pa. Tax (16.27)
Pa. Unem. (34.36)
Pa. Dillsburg ( .67)
Pa. Dillsburg LST (13.99)
medical deduction ( 2'
(107.2)
.28)
Total net
$ 844.18
Defendant's expenses:
Monthly
Mortgage
$1,187.17
Taxes
Personal $ 7.35
Insurance
Health
Automobile $ 215.00
$ 50.00
Automobile
Fuel
$ 160.00
Medical
Doctor
Dentist $ 50.00
Eye $ 15.00
$ 12.50
Groceries
$ 300.00
Abby's college
$ 600.00
90882 1
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Abby's books for college
Personal
Clothing
Hair $ 100.00
$ 300.00
Miscellaneous
Entertainment
Vacation $ 60.00
Legal fees $ 500.00
$
50.00
Visa
108.00
Total monthly expenses $3,715.02
Respectfully submitted,
?
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Emily
f
finanEsquire
Sup. Ct. ID # 66307
P.O. Box 11475
Harrisburg, PA 17108
(717)233-1112
Date: 2/17/09 Attorney for Defendant
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Emily Long Hoffman, Esquire Attorney for Defendant
Attorney I.D. #66307 y
' P.O. Box 11475
Harrisburg, PA 17108-1475
(717)233-1112
THOMAS E. MYERS, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,
PENNSYLVANIA
V. NO. 08 - 1556
MOLLY S. MYERS CIVIL ACTION - LAW
Defendant IN DIVORCE
INVENTORY AND APPRAISEMENT
OF
DEFENDANT MOLLY S. MYERS
DEFENDANT files the following Inventory and Appraisement of all property owned or
possessed by either party at the date of separation and all property transferred within the
preceding three years.
DEFENDANT verifies that the statements made in this Inventory and Appraisement are
true and correct. DEFENDANT understands that false statements herein are made subject to the
penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
Jrl 040 2N?W
MOLLY . MYERS
ASSETS OF PARTIES
( X) 1. Real property
( X) 2. Motor vehicles
( ) 3. Stocks, bonds, securities and options
( } 4. Certificates of deposit
( X) 5. Checking accounts, cash
( X) 6. Savings accounts, money market and savings certificates
( ) 7. Contents of safe deposit boxes
( ) 8. Trusts
( ) 9. Life insurance policies (indicate face value, cash surrender value and current
beneficiaries)
( } 10. Annuities
( ) 11. Gifts
( ) 12. Inheritances
( ) 13. Patents, copyrights, inventions, royalties
( X) 14. Personal property outside the home
( X ) 15. Business (list all owners, including percentage of ownership, and officer/director
positions held by a party with company
( ) 16. Employment termination benefits - severance pay, workman's compensation
claim/award
( ) 17. Profit sharing plans
( X ) 18. Pension plans (indicate employee contribution and date plan vests)
( X ) 19. Retirement plans, Individual Retirement Accounts
( ) 20. Disability payments
( ) 21. Litigation claims (matured and unmatured)
( ) 22. MilitaryN.A. benefits
( ) 23. Education benefits
( X) 24. Debts due, including loans, mortgages held
( X) 25. Household furnishings and personalty
( ) 26. Other
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Toro snow blower
shovels rakes lawn tools
trailer without title
propane cylinders 2
trailer furnace 2
hardware 5001bs.
Lawn sweeper
wood bench
sausage stuffer
washer
dryer
lumber
duct work
sink top
wood stove scrap
safe
desk
cabinet
lateral file
desk chair
Tools
Property in W's possession
dining rm table and chairs
Non-Marital Property
1. 604 Sunset Drive
Dillsburg, PA
Date: 2/17/09
W Wife purchased after separation
Loan proceeds received from Alma and Terry Murphy as
down payment
Respectfully submitted,
Emily Lon offinan, Esquire
Sup. Ct. ID # 66307
P.O. Box 11475
Harrisburg, PA 17108
(717)233-1112
Attorney for Defendant
C V
t-, -*z t
` ter;
;ra
THOMAS E. MYERS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
V.
NO. 08-1556 CIVIL TERM
MOLLY S. MYERS,
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE
OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER §3301(c)
OF THE DIVORCE CODE --,
COMMONWEALTH OF PENNSYLVANIA)
SS:
COUNTY OF CUMBERLAND •Z5
rv
p
?r
-r7 Fn
t=
K
A Complaint in Divorce under §3301(c) of the Divorce Code with Notice of
Availability of Counseling was filed on March 10, 2008, and served on March 31, 2008,
by acceptance 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 without notice.
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
4.
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.
5.
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.
6.
I have been advised of the availability of marriage counseling and of my right to
counseling and understand that I may request that the Court require that my spouse and I
participate in counseling.
7.
I understand that the Court maintains a list of marriage counselors in the Domestic
Relations Office, which list is available to me upon request.
8.
Being so advised, I do not request that the Court require that my spouse and I
participate in counseling prior to a Divorce Decree's being handed down by the Court.
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
-2-
P-
9.
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.
Date: June 16, 2010
Thomas E. Myers
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
-3-
f
THOMAS E. MYERS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
V.
NO. 08-1556 CIVIL TERM
MOLLY S. MYERS,
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE
OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER §3301(c)
OF THE DIVORCE CODE
C 1
COMMONWEALTH OF PENNSYLVANIA)
C-7
SS:
COUNTY OF CUMBERLAND ) r
1. r C. N " +y
i
A Complaint in Divorce under §3301(c) of the Divorce Code with Notice oF'
Availability of Counseling was filed on March 10, 2008, and served on March 31, 2008,
by acceptance 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 without notice.
4.
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
5.
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.
6.
I have been advised of the availability of marriage counseling and of my right to
counseling and understand that I may request that the Court require that my spouse and I
participate in counseling.
7.
I understand that the Court maintains a list of marriage counselors in the Domestic
Relations Office, which list is available to me upon request.
8.
Being so advised, I do not request that the Court require that my spouse and I
participate in counseling prior to a Divorce Decree's being handed down by the Court.
9.
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 unswom falsification to authorities.
Date: June 16, 2010
Molly S. Myers
-2-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
A e -j- .
Plaintiff U 0 C)
Vs File No.
IN DIVORCE
_ Y_ Y_ to i i.? S- ?(?'l? ? ?J .
efendant
C
I1 r
... ,, . _
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff / defendant in the above matter,
[select one by marking "x"]
t_ -
prior to the entry of a Final Decree in Divorce, ••
or after the entry of a Final Decree in Divorce dated cr~
,rye ,
hereby elects to resume the prior surname of 1 U F, P P \/and gives this
written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704.
Date:
? Si Lao "Dr I1, 121 :;-3)-
Signature of Aame being res e
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF 6ticr 14"d)
On the / ?4 day of Q±?-- , 20040 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
'' /l_ DO p d OQH`
?s
-2 y3 "y.3
w?? °i4wa?..«
THOMAS E. MYERS, .
Plaintiff
Vs.
MOLLY S. MYERS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08 - 1556 CIVIL
IN DIVORCE
ORDER OF COURT
AND NOW, this / 7 day of ,
2010, the parties and counsel having entered into an agreement
and stipulation resolving the economic issues on June 16, 2010,
the date set for a four-party 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.
BY THE COURT,
cc: Wayne F. Shade
Attorney for Plaintiff
.,?Emily Long Hoffman
Attorney for Defendant
nndP i et' rn-0- t
1,/1 7 /w
IVAL-L.-
A. Hess, P.J.
Zr_
IN THE COURT OF COMMON PLEAS OF
THOMAS E. MYERS :CUMBERLAND COUNTY, PENNSYLVANIA
V.
MOLLY S. MYERS 0$-1556 CIVIL TERM
NO.
DIVORCE DECREE
AND NOW, ~ ~ ~ V 13 ~~~~ , it is ordered and decreed that
-~-
THOMAS E. MYERS plaintiff, and
MOLLY S. 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
By the Court,
Attest: ~ .1
~~,ac ~, .~~~
~- Prothon~ry'
7 ~ /mil - (0 C'~~.. Cs~ rte:<<e~ -~o
Shy
,A-~.~ ~~-~c-r~.c~,
DEC 15 2010
THOMAS E. MYERS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNS)R VQNIAD
Z= c= CIVIL ACTION - LAW -V z G -4
V. - M M
? r-, M
-,r-
NO. 08-1556 CIVIL TERM c.n ?rn
MOLLY S. MYERS, rn ?
=-n
3ZO
Defendant : IN DIVORCE
=? _
QUALIFIED DOMESTIC RELATIONS ORDER
-< cn
WHEREAS, this Court has jurisdiction over the parties and the subject matter of
this Order;
WHEREAS, the parties and the Court intend that this Order shall be a Qualified
Domestic Relations Order (hereinafter referred to as a "QDRO") as defined in Section
206(d)(3) of the Employee Retirement Income Security Act of 1974, as amended
("ERISA") and Section 414(p) of the Internal Revenue Code of 1986, as amended;
WHEREAS, pursuant to the referenced statutes, the Plan Administrator shall make
a determination of the qualified status of this Order;
WHEREAS, following approval by the Plan Administrator, this Order shall
constitute a Qualified Domestic Relations Order; and
WHEREAS, the parties have stipulated that the Court enter this Order.
NOW, THEREFORE, pursuant to this state's Domestic Relations Law, IT IS
HEREBY ORDERED BY THE COURT, as follows:
1. As used in this Order, the following terms shall apply:
(a) "Participant" shall mean Thomas E. Myers whose current address is 701
Highland Avenue, Mount Holly Springs, Pennsylvania 17065.
(b) "Alternate Payee" shall mean Molly S. Murphy whose current address
is 604 Sunset Drive, Dillsburg, Pennsylvania 17019„
(c) "Plan" shall mean Embarq Retirement Savings Plan.
2. This Order relates to marital property rights.
3. The date of marriage was June 14, 1979.
4. The date of legal separation or divorce is July 13, 2010.
5. Alternate Payee is the former spouse of Participant.
6. With respect to marital property, alimony and spousal awards, Participant and
Alternate Payee were married for federal income tax purposes.
7. Alternate Payee's award will be calculated as of the date of this Domestic
Relations Order. The date of the Order shall hereinafter be referred to as the "Valuation
Date".
8. Alternate Payee's interest in the Plan shall be $32,906.00 of Participant's total
vested account balance under the Plan as of the Valuation Date.
9. Alternate Payee's award is not entitled to earnings (dividends, interest, gains
and losses) from the Valuation Date to the date that the award is segregated from
Participant's account. From and after the date of segregation, Alternate Payee's award
shall be held in an account under the Plan and shall be entitled to all earnings attributable
to the investments therein.
-2-
10. In the event there is an outstanding loan balance as of the Valuation Date, the
loan balance will not be included for purposes of calculating the account balance to be
divided.
11. Alternate Payee's award will be paid proportionately from all investment
options as of the date of account segregation.
12. Alternate Payee's interest in the Plan shall be payable to Alternate Payee in a
lump sum distribution, as soon as administratively feasible following the date that the
Order is determined to be a QDRO. Alternate Payee shall initiate the distribution in
accordance with the terms of the Plan and the administrative procedures that have been
established by the Plan Administrator. The amount distributed to Alternate Payee will be
based on the value of Alternate Payee's account on the date the distribution is processed.
13. To the extent allowed by the Plan, all beneficiary designations will be made
after qualification of the Order and segregation of a separate account for Alternate Payee
pursuant to the administrative procedures established for the Plan.
14. Nothing contained in the Order shall be construed to require any Plan or Plan
Administrator to provide to Alternate Payee any type or form of benefit or option not
otherwise available under the Plan, to provide Alternate Payee increased benefits
(determined on the basis of actuarial value) not available to Participant, or to pay any
benefits to Alternate Payee that are required to be paid to another Alternate Payee under
-3-
another Order, which has been determined to be a QDRO before this Order is determined
to be a QDRO.
15. Neither party shall accept any benefits from the Plan which are the property of
the other parry. In the event that the Plan Administrator inadvertently pays to Participant
any benefits that are assigned to Alternate Payee pursuant to the terms of this Order,
Participant shall forthwith return such benefits to the Plan. In the event that the Plan
Administrator inadvertently pays to Alternate Payee any benefits that are not assigned to
Alternate Payee pursuant to the terms of this Order, Alternate Payee shall forthwith return
such benefits to the Plan.
16. For purposes of Sections 402 and 72 of the Internal Revenue Code, any
Alternate Payee who is the spouse or former spouse of Participant will be treated as the
distributee of any distributions or payments made to Alternate Payee under the terms of
this Order, and as such, will be required to pay the appropriate federal and/or state income
taxes on such distribution. If Alternate Payee is a child or other dependent of Participant,
Participant will be responsible for any federal and/or state income taxes on any such
distribution.
17. The Court shall retain jurisdiction with respect to this Order to the extent
required to maintain its qualified status and the original intent of the parties as stipulated
herein.
-4-
41 '.
18. Participant is responsible for the one time determination fee for review of the
Domestic Relations Order. The fee will be deducted from Participant's account following
the first review of the Order. The fee will be taken from the investment options in the
applicable account(s) according to the plan level fee method in effect as of the date the
fee is deducted.
STIPULATED AND AGREED:
Wayn . Shade, Esquire
Attorney for Participant
Date: !1 a U ( o
(20 62g /YaLLt
A4 W.St,?Ljak_
R441 e. ?UV,,?J
1? ?C? -
Emil Lo Hoffman, Esquire
Y
Attorney for Alternate Payee
Date: L o
By the Court,
?? A. ?AA -
M.L. Ebert, Jr., J.
klkk1 `h0
-5-
ADDENDUM TO DOMESTIC RELATIONS ORDER
For Submission to Fidelity QDRO Administration. ONLY
Due to the Federal Privacy Act, many state courts prohibit the inclusion of personal data in pub-
lic records to prevent identity theft. Therefore, please forward the: following information sheet to
Fidelity Employer Services Company LLC when you submit the court certified copy of your Do-
mestic Relations Order. Do NOT file the Addendum with your court when you file your Domestic
Relations Order.
In accordance with D.O.L Field Assistance Bulletin 2003-03, the Parties to the Domestic Rela-
tions Order are notified as follows: Defined Contributions Plans are allowed to assess a fee for the
review to determine whether the Order is "Qualified" Domestic Relations Order. Please consult
the Plan's QDRO Approval Guidelines and Procedures to determine if the Plan assesses a fee for
review and the amount of that fee.
Please send your court certified copy of the Domestic Relations Order to:
Fidelity Investments - QDRO Administration Group
P.O. Box 770001
Cincinnati, OH 45277-0066
ATTN: Embarq Corporation
Track No: 805617561