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HomeMy WebLinkAbout04-1115ELMER ALLEN MYERS , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION - DIVORCE NO. 2002q - P/ ?' CIVIL TERM IN DIVORCE Defendant : NOTICE JOYCE V. MYERS, YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY ArroBNW-AT•LAW 26 W. Nigh Street Carlisle. PA SAIDIS, SHUFF, Attorneys fgr F n f By: FLOWER & LINDSAY J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 (717) 243-6222 ELMER ALLEN MYERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION - DIVORCE NO, 2008 Y CIVIL TERM JOYCE V. MYERS , IN DIVORCE Defendant ; COMPLAINT ELMER ALLAN MYERS, Plaintiff, by attorneys, SAIDIS, SNUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is ELMER ALLAN MYERS, who currently resides at 418 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 where he has resided since 1982 2. The Defendant is JOYCE V. MYERS, who currently resides at 418 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055 where she has resided since 1982, 3. The Plaintiff and Defendant both have been bona fide residents in the SAIDIS UFF, FLOWER t LINDSAY i5P9 3-AT-uw W. High street Carlisle. PA Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 17, 1974, at Mechanicsburg, Pennsylvania. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff avers that he is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: eCadisle,17013 (717) 243-6222 Date: -3 4(7? SAIDIS JFF, FLOWER LINDSAY "ORNEY3-NPl w W. High Street :ar lsle, PA ELMER ALLEN MYERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. CIVIL ACTION - DIVORCE NO, 2003 - CIVIL TERM JOYCE V. MYERS , Defendant IN DIVORCE VERIFICATION 1, the undersigned, hereby verify that the statements made herein 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. Elmer Allen Myers, PI tiff Date; ''f l.21U `/ SAIDIs TF, FLOWER LINDSAY m WK-Ar uw V. High street arHsle, PA Pi. b ? ay G ? _. C c ELMER ALLEN MYERS, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. :CIVIL ACTION - DIVORCE :NO. 2004 -1115 CIVIL TERM JOYCE V. MYERS, :IN DIVORCE Defendant . / FI of sepwice AND now, this 22nd day of March, 2004, I, CAROL J. LINDSAY, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the Defendant, JOYCE V. MYERS, on March 22nd 2004, with the Complaint in Divorce by Certified Mail, Return Receipt Requested, addressed to: Joyce V. Myers 418 Kent Drive Mechanicsburg, PA 17055 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By. SAIDIS SHUFF, FLOWER & LINDSAY and proof thereof, the signed Return Receipt Card, is attached hereto. C 'rol . Lindsay, Esquire I #_44693 2 est High Street Carlisle, PA 17013 (717) 243-6222 26 W. Nigh Street Carlisle, PA ELMER ALLEN MYERS, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYa•AT•LAW 26 W. High Street Carlisle, PA VS. JOYCE V. MYERS, Defendant :CIVIL ACTION - DIVORCE :NO. 2004 -1115 CIVIL TERM :IN DIVORCE PROOF OF SERICE ¦ Complete Roma 1, 2, and 3. Also complete A. Rem 4 R Restricted Delivery Is desired. X ¦ Prim your name and address on the reverse j so that we can return the card to you. B ¦ Attach this card to the heck of the mailpiece, or on the front if space permits. 1. Article Addressed to: -76 y? e 8 gyps '11'y DK, up MaGliianieviol-y, )5V17655 ? Agent (Printed Name) 17 C. Date of Delivery D. Is daW&Y address dMerant from Item 19 O Yes R YES, below: ? No ''' WR 222001. 3. SerWce ,:. 0?Ce S ? Repress Mail ? Regis m Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted DsINW (Extra Fee) ? Yes 2. Ankle Number (riansler hoar sen4ca boe0 7cY/P2 r01 ooQJ?o??o a.? S- PS Form RF 1, August 2001 Domestic Rehi n Reoelpt 102595-01-M-0381 ? r =? ZfFi= ?? F N v LF% ? y7 ? n ELMER ALLEN MYERS, : THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2004-1115 CIVIL TERM JOYCE V. MYERS, : CIVIL ACTION -LAW Defendant : IN DIVORCE PRAF.CIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Jeannd B. Costopoulos, Esquire, as attorney of record for Defendant, Joyce V. Myers, in the above captioned matter. Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 Dated: 31311 /4/ Supreme Ct. ID No. 68735 ELMER ALLEN MYERS, : THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2004-1115 CIVIL TERM JOYCE V. MYERS, : CIVIL ACTION -LAW Defendant : IN DIVORCE CFRTIFICATF OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the persons, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 BY: Je d B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 Dated: 31M Supreme Ct. ID No. 68735 ELMER ALLEN MYERS, Plaintiff V. JOYCE V. MYERS, Defendant THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-1115 CIVIL TERM CIVIL ACTION - LAW CUSTODY/DIVORCE AND NOW, comes the Defendant, Joyce V. Myers, by and through her attorney, Jeannd B. Costopoulos, Esquire, and respectfully represents as follows in support of this Petition: 1. The Petitioner is the Defendant above-named, Joyce V. Myers, currently residing at 12 Gray Place Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Respondent is the Plaintiff above-named, Elmer Allen Myers, currently residing at 418 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The Plaintiff and Defendant were married on August 17, 1'974. 4. There is one dependent child from the marriage of Plaintiff and Defendant, namely, Candace Noelle Myers, born December 21, 1989. 5. Defendant filed a Complaint in Divorce to the above caption and number on March 16, 2004. COT TNT i - CUST01Zy 6. Paragraphs one (1) through five (5) are incorporated herein by reference as though fully set forth. 7. The Defendant/Petitioner, Joyce V. Myers seeks shared physical and legal custody of the following child: Age Candace Noelle Myers 12 Gray Place Drive 15 years Mechanicsburg, PA 17055 DOB 12/21/1989 AND 418 Kent Drive Mechanicsburg, PA 17055 8. The child named above presently alternates on a weekly basis between the custody of her natural mother, Defendant/Petitioner, Joyce V. Myers, whose current residence is 12 Gray Place Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055, and her natural father, Petitioner/Respondent, Elmer Allen Myers, whose current residence is 418 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 9. Since birth, the child has resided with the following persons and at the following addresses: Mother (Defendant) 12 Gray Place Drive 12/1/2004 Mechanicsburg, PA 17055 to present AND Father (Plaintiff) 418 Kent Drive 12/1/2004 Mechanicsburg, PA 17055 to present Mother (Defendant) 418 Kent Drive birth to Father (Plaintiff) Mechanicsburg, PA 17055 12/1/2005 10. The mother of the child is, Defendant, Petitioner herein, Joyce V. Myers, who currently resides at 12 Gray Place Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. The father of the child is Plaintiff, Respondent herein, Elmer Allen Myers, who currently resides at 418 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 11. Plaintiff and Defendant are married to each other and the child was not born out of wedlock. 12. The relationship of the Defendant to the child is that of natural mother. The relationship of the Plaintiff to the child is that of natural father. Both parties reside alone except during periods of custody with the subject child. 13. Defendant has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 14. Defendant does not know of a person not a party to the proceedings who has physical custody of child or claims to have physical custody or visitation rights with respect to the child. 15. The best interests and permanent welfare of the child will be served by granting the relief requested for the following reasons: (a) A shared custody schedule has been in place since the parties' separation and the parties have not had any difficulty following the shared schedule. (b) Any schedule other than a shared arrangement could result in one of the parents becoming estranged from the child and the child needs to maintain the strong emotional ties she has with each of her parents, which can be best facilitated by a shared custody schedule. 16. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as. parties to this action. No other persons are known to have or claim a right to custody or visitation of the child to be given notice of the pendency of this action and the right to intervene WHEREFORE, Defendant respectfully requests that she be granted shared legal and physical custody of her daughter. RESPECTFULLY SUBMITTED: BY: J e B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 PA Supreme Ct. ID No. 68735 U Attorney for Defendant/Petitioner Dated: ELMER ALLEN MYERS, : THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2004-1115 CIVIL TERM JOYCE V. MYERS, CIVIL ACTION -LAW Defendant CUSTODY/DIVORCE I, Joyce V. Myers, Defendant/Petitioner, hereby verify that the statements made in the foregoing Petition 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 unworn falsification to authorities. Date: Signature: Joyc yers ELMER ALLEN MYERS, : THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2004-1115 CIVIL TERM JOYCE V. MYERS, : CIVIL ACTION -LAW Defendant : CUSTODY/DIVORCE CERTIFICATE, OF SFRViCF I, Jeanne B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the persons, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 BY: J e B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 PA Supreme Ct. ID No. 68735 ???`?' Attorney for Defendant/Petitioner Dated: ? '?. Nkk-?? ? ?? O O ?, .J? -?-- r? i ?? , ?.' T1 i i "T ? D •, ?? 'z ? _? .?? : ?; ?,? ' __:; ¢. _ ELMER ALLEN MYERS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-1115 CIVIL ACTION LAW JOYCE V. MYERS IN CUSTODY DFFFNDANT ORDER OF COURT AND NOW, _ Frida ,March Il, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq, , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, April 05, 2005 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conterence. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: _/s/ _ Dawn S. SundE. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the schedules conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. 117 YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717)249-3166 IrL 5%J f,/ f- S?7 -Yy f 3,2 P?,? RECEIVED APR 22 W ELMER ALLEN MYERS Plaintiff VS. JOYCE V. MYERS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1115 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this _ 2'?f day of , 2005, upon consideration of the attached Custody Conciliation Report, it i ordered and directed as follows: 1. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Arnold Shienvold, Ph.D., or other professional selected by agreement between the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Child. The parties shall sign any authorizations deemed necessary by the, evaluator in order to obtain additional information pertaining to the parties or the Child. The Father shall be responsible to pay one-half of all costs of the evaluation up to a maximum total of $2500.00 and the Mother shall be responsible to pay the remaining half of the costs of the evaluation ano any portion of the Father's half which exceeds $2500.00. 2. Pending completion of the custody evaluation and further agreement of the parties or Order of Court, the parties shall have custody of the Child as follows: A. The parties shall share having legal custody of Candace Noelle Myers, born December 21, 1989. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well- being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. B. During the remainder of the 2004-2005 school year, the Mother shall have custody of the Child on alternating weekends, beginning April 22, 2005 from Friday after school or after soccer through Sunday evening at 9:00 p.m. In addition, during the soccer season, the Mother shall have custody of the Child, on the weekday evening on which the Child does not have a soccer game, from after school or after soccer practice until 9:00 p.m. After soccer season is over, the Mother's weekday periods of custody shall take place every Tuesday evening from after school until 9:00 p.m. >- a1 ?v ti 4> lLl ?J r ??:i ` rn cv Cr U l ec - ° c a r C. During the summer school break, the Mother shall have custody of the Child on alternating weekends from Friday through Monday, with the specific times to be arranged by agreement between the Mother and the Child. In addition, during weeks following the Mother's weekend periods of custody, the Mother shall have custody of the Child from Thursday through Friday, with the specific times to be arranged by agreement between the Mother and the Child. D. The Mother shall have an extended period of custody with the Child from July 15 through July 22, 2005, which shall include the Mother's regular alternating weekend period of custody. The Father shall also be entitled to have one uninterrupted week of vacation custody with the Child (including the Father's regular weekend) upon providing at least 30 days advance notice to the Mother. E. The Mother shall have custody of the Child on Mother's Day and the Father shall have custody of the Child on Father's Day from 9:00 a.m. until 9:00 p.m. F. During the remainder of the 2004-2005 school year and during the summer school break, the Father shall have custody of the Child at all times not otherwise specified for the Mother in the preceding paragraphs. 3. Unless otherwise agreed between the parties, the parent receiving custody of the Child shall besesponsible to provide transportation for the exchange of custody. 4. The parties agree to be bound by, and to comply with, the custody schedule recommended by the custody evaluator. 5. Within 60 days of receipt of the written custody recommendations from the evaluator, counsel for either party may contact the conciliator to schedule an additional custody conciliation cotference, if necessary to review and implement the evaluator's recommendations. 6. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc:,? ,kanne B. Costopoulos, Esquire - Counsel for Mother V"arol J. Lindsay, Esquire - Counsel for Father J? rDb 7 0VV BY THE COURT, f ELMER ALLEN MYERS Plaintiff VS. JOYCE V. MYERS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1115 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Candace Noelle Myers December 21, 1989 Father/Mother 2. A conciliation conference was held on April 19, 2005, with the following individuals in att(rndance: The Father, Elmer Allen Myers, with his counsel, Carol J. Lindsay, Esquire, and the Mother, Joyce V. Myers, with her counsel, Jeanne B. Costopoulos, Esquire. 3. The parties agreed to entry of an Order in the form as attached with the exception of certain aspiects of the temporary interim custody schedule which are the recommendations of the conciliator pending completion of the custody evaluation. Date - Dawn S. Sunday, Esquire Custody Conciliator v ELMER ALLEN MYERS, Plaintiff V. JOYCE V. MYERS, Defendant : THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2004-1115 CIVIL TERM CIVIL ACTION -LAW DIVORCE DEFENDANT'S PETITION FOR CONFERENCE OR HEARING REGARDING ALIMONY PENDENTE LITE AND NOW, comes the Defendant, Joyce Myers, by and through her attorney, Jeanne B. Costopoulos, Esquire, and respectfully represents as follows in support of this Petition: 1. The Petitioner is the Defendant above-named. 2. The Respondent is the Plaintiff above-named. 3. Defendant has simultaneously with this petition filed a Petition for Related Claims which contains a request for alimony pendente lite. 4. Defendant desires that a conference or hearing be held to address her alimony pendente lite claim. WHEREFORE, Defendant respectfully requests that a conference or hearing be scheduled regarding her request for alimony pendente lite. RESPECTFULLY SUBMITTED: BY: e e . Costopoulos, Esquire PA Supreme Court ID No. 68735 3803 Gettysburg Road Camp Hill, PA 17011 Telephone: (717) 221-0900 DATED: 0 ELMER ALLEN MYERS, : THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2004-1115 CIVIL TERM JOYCE V. MYERS, CIVIL ACTION -LAW Defendant DIVORCE CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid, and addressed as follows: Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 BY: -- DATED: Jeanne B. Costopoulos, Esquire PA Supreme Court ID No. 68735 3803 Gettysburg Road Camp Hill, PA 17011 Telephone: (717) 221-0900 t ELMER ALLEN MYERS, Plaintiff V. JOYCE V. MYERS, Defendant THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-1115 CIVIL TERM CIVIL ACTION -LAW DIVORCE DEFENDANT'S PETITION FOR RELATED CLAIMS PURSUANT TO PA.R.C.P.1920.15(b) AND NOW, comes the Defendant, Joyce V. Myers, by and through her attorney, Jeanne B. Costopoulos, Esquire, and respectfully represents as follows in support of this Petition: 1. The Petitioner is the Defendant above-named. 2. The Respondent is the Plaintiff above-named. 3. The Plaintiff and Defendant were married on August 17, 1974. 4. Plaintiff filed a Complaint in Divorce on March 16, 2004 at the above term and docket number. COUNTI REQUEST FOR ALIMONY, ALIMONYPENDENTE LITE, AND/OR COUNSEL FEES PURSUANT TO SECTION 3702 OF THE DIVORCE CODE 5. Paragraphs one (1) through four (4) are incorporated herein by reference as though fully set forth. 6. The Petitioner is the dependent spouse and lacks sufficient property to provide for her reasonable means and is unable to support herself completely through appropriate employment. 7. Petitioner requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 8. Petitioner has hired an attorney and may need to hire an accountant, appraiser, or other expert during the pending divorce litigation and does not have the funds necessary to pay said fees. WHEREFORE, Petitioner requests this Honorable Court to enter and award counsel fees, costs, and expenses as are deemed necessary and appropriate, to enter an award of alimony pendente lite, and to enter an award of reasonable alimony upon final hearing and permanently thereafter. RESPECTFULLY SUBMITTED: BY: Jeanne B. Costopoulos, Esquire PA Supreme Court ID No. 68735 3803 Gettysburg Road Camp Hill, PA 17011 Telephone: (717) 221-0900 DATED: ?j /did l 1 ELMER ALLEN MYERS, Plaintiff v. JOYCE V. MYERS, Defendant THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-1115 CIVIL TERM CIVIL ACTION -LAW DIVORCE VERIFICATION I, Joyce V. Myers, verify that the statements made in the foregoing Petition for Related Claims 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. Section 4904 relating to unworn falsification to authorities. Dated: % o2od6 J . Myers ELMER ALLEN MYERS, THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2004-1115 CIVIL TERM JOYCE V. MYERS, CIVIL ACTION -LAW Defendant DIVORCE CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid, and addressed as follows: Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 BY: DATED: ?a /0 Jeanne B. Costopoulos, Esquire PA Supreme Court ID No. 68735 3803 Gettysburg Road Camp Hill, PA 17011 Telephone: (717) 221-0900 _? ? ? -? ? - _ --? ?; ?? . In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION JOYCE V. MYERS ) Docket Number 04-1115 CIVIL Plaintiff ) vs. ) PACSES Case Number 867108614 ELMER A. MYERS ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 20TH DAY OF SEPTEMBER, 2006 IT IS HEREBY ORDERED that the Q Complaint for Support or Q Petition to Modify or ® Other ALIMONY PENDENTE LITE REQUEST filed on AUGUST 15, 2006 in the above captioned matter is dismissed without prejudice due to: RULE 1910.16-4(e) AS PETITIONER HAS A CHILD SUPPORT OBLIGATION UNDER PACSES #177107192 AND THE ALIMONY PENDENTE LITE OBLIGATION OFFSETS THE CHILD SUPPORT OBLIGATION. Q The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. BY THE COURT: V vLV1:. DRO: R.J. Shadday Service Type M v Form OE-506 Worker ID 21005 ro. ? t V r \ ELMER ALLEN MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - DIVORCE NO. 2004 - 1115 CIVIL TERM JOYCE V. MYERS, : Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Elmer Allen Myers, Petitioner, moves the court to appoint a master with respect to the following claims: ( X) Divorce ( X) Distribution of Property (Equitable Distribution) ( ) Annulment ( ) Support ( X) Alimony ( X ) Counsel Fees ( ) Alimony Pendente Lite ( X ) Costs and Expenses FWWER'& L0 DS Y 26 West High Street Carlisle, PA and in support of the motion states: (1) Discovery is not complete as to the claims for which the appointment of a master is requested. (2) The Defendant, Joyce V. Myers, appeared in the action and is represented by counsel, Jeanne B. Costopoulos, Esquire. (3) The statutory grounds for divorce are §3301 (c) and (d). (4) Delete the inapplicable paragraph(s). (a) The action is contested. (b) An agreement has been reached with respect to the following claims: NONE. (c) The action is contested with respect to the following claims: ALL. (5) The action does not complex issues of law or fact. (6) The hearing is expected to take one day. (7) Additional information, if any, relevant to the motion: Date: q 74P 1::7 SAIDI, FLO Carol J. Lindsay, 26 West High 1? Carlisle, PA 170 (717) 243-6222 & LINDSAY uire %? ? `- - ra-+ _ = s _? ?...? ; ? ?- ? ?+ _4 .` .: Lam. ... M_R y ?-.. l t _ t ?? . ?? - i ,K s ?" ' F 1 ` SAIDIS, FLOWER & LINDSAY M IOBWEYS•Ai uw 26 West High Street Carlisle, PA OCT 1 o 2006 ELMER ALLEN MYERS, Plaintiff V. JOYCE V. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2004 -1115 CIVIL TERM IN DIVORCE ORDER APPOINTING MASTER AND NOW, this day of 2006, Esquire, is appointed master with respect to the following claims: Divorce and equitable distribution. By the Court, cc: ,dam nne B. Costopoulos, Esquire ,ol J. Lindsay, Esquire l i - -m - 91:iI',?I=71 ZIIli- 11601 ELMER ALLEN MYERS, Plaintiff V. JOYCE V. MYERS, Defendant THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 2004-1115 CIVIL TERM CIVIL ACTION -LAW DIVORCE DEFENDANT'S SECOND PETITION FOR RELATED CLAIMS PURSUANT TO PA.R.C.P.1920.15(b) AND NOW, comes the Defendant, Joyce V. Myers, by and through her attorney, Jeanne B. Costopoulos, Esquire, and respectfully represents as follows in support of this Petition: 1. The Petitioner is the Defendant above-named, Joyce V. Myers, currently residing at 12 Gray Place Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Respondent is the Plaintiff above-named, Elmer Allen Myers, currently residing at 418 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The Plaintiff and Defendant were married on August 17, 1974. 4. Plaintiff filed a Complaint in Divorce to the above caption and number on March 16, 2004. 5. Defendant filed Defendant's Petition for Related Claims raising claims for alimony, alimony pendite lite, counsel fees and costs on September 14, 2006. EQUITABLE DISTRIBUTION OF PROPERTY 6. Paragraphs 1 through 5 above are hereby incorporated herein be reference as though fully set forth. 7. The parties acquired "marital property" as defined under the Divorce Code during the course of their marriage. 8. In order to effectuate economic justice between the parties, the Petitioner requests this Honorable Court to enter a fair and just determination and settlement of the parties' property rights. WHEREFORE, Petitioner requests this Honorable Court to equitably divide and distribute the "marital property" of the parties in accordance with the Divorce Code. RESPECTFULLY SUBMITTED: MARIA P. COGNETTI & ASSOCIATES Date: By: JEANNE B. COSTOPOULOS, E UIRE Attorney I.D. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Joyce V. Myers ELMER ALLEN MYERS, Plaintiff V. JOYCE V. MYERS, Defendant THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-1115 CIVIL TERM CIVIL ACTION -LAW DIVORCE ATTORNEY VERIFICATION Undersigned counsel, Jeanne B. Costopoulos, Esquire, hereby verifies and states that: 1. She is the attorney of record for Joyce V. Myers, Defendant. 2. She is authorized to make this verification on her behalf. 3. The facts set forth in the foregoing motion are known to her and not necessarily to her client. 4. The facts set forth in the foregoing motion are true and correct to the best of her knowledge, information, and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Dated: ?/Ay'( 24tl - eanne B. Costopoulos, Esquire ELMER ALLEN MYERS, Plaintiff V. JOYCE V. MYERS, Defendant THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 2004-1115 CIVIL TERM CIVIL ACTION -LAW DIVORCE CERTIFICATE OF SERVICE I, Jeannd B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the persons, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid, and addressed as follows: Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 MARIA P. COGNETTI & ASSOCIATES Date: ???zo/zee fo By: ANNE B. COSTOPOULOS, IRE Attorney I.D. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Joyce V. Myers ?-a V l _ ? ? ?-15 r" ? ?? Sea CD ELMER ALLEN MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V, CIVIL ACTION - DIVORCE NO. 2004 -1115 CIVIL TERM JOYCE V. MYERS, Defendant IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWER & LINDSAY SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA Carol J. Lindsay, q ire Supreme Court I .44693 26 West High Street Carlisle, PA 17013 717-243-6222 ELMER ALLEN MYERS, Plaintiff V. JOYCE V. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2004 - 1115 CIVIL TERM IN DIVORCE AMENDED COMPLAINT ELMER ALLEN MYERS, Plaintiff, by his attorneys, SAIDIS, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is Elmer Allen Myers, who currently resides at 418 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania, where he has resided since 1982. 2. The Defendant is Joyce V. Myers, who currently resides at 12 Gray Place, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 17, 1974, at Mechanicsburg, Pennsylvania. 5. That there have been no prior actions of divorce or for annulment between the SAIDIS, FLOWER &z LINDSAY 26 West High Street Carlisle, PA parties in this or in any other jurisdiction. COUNT I DIVORCE UNDER §33010 OR (D) OF THE DIVORCE CODE 6. The Plaintiff avers that he is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. COUNT II EQUITABLE DISTRIBUTION 8. The averments in paragraphs 1 through 7 are incorporated hereto as if fully set forth herein. 9. During their marriage, the parties have acquired certain property, both personal and real. WHEREFORE, Plaintiff requests this Court to equitably divide the marital property. SAIDIS, FLOWER & LINDSAY Carol J. Lindsay, q Supreme Court I 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAID?IS, FLOVVER &z LINDSAY 26 West High Street Carlisle, PA VERIFICATION I, the undersigned, hereby verify that the statements made herein 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. Elmer Allen ers, Plaintiff SAMIS, FLOWER & LINDSAY ATIOWEMM- Aw 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Jeanne B. Costopoulos, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 E. Robert Elicker, II, Esquire Office of Domestic Relations 9 North Hanover Street Carlisle, PA 17013 SAIDIS, FLOWER & LINDSAY r- Carol J. Lindsay, Esquire Supreme Court ID No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 .D'1 t-e cf , /(-,g r - 0 (, SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA (??) 7? 5??D C?o l? J ? t? %i C) r-r1 M' ? ELMER ALLEN MYERS, Plaintiff V. JOYCE V. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2004-1115 CIVIL TERM IN DIVORCE PETITION TO TERMINATE ALIMONY PENDENTE LITE AND NOW, comes Elmer A. Myers by and through his counsel, Saidis, Flower & Lindsay and petitions this Honorable Court as follows: 1. On September 20, 2006, this Honorable Court entered an Order for Alimony Pendente Lite to PACKS Number 867108614, which partially offset a child support obligation. 2. At the time of the entry of the September 20, 2006 Order, Defendant was unemployed. 3. On March 5, 2007, Defendant obtained employment earning $42,430.00 annually in addition to her annual pension of $21,140.00. WHEREFORE, Petitioner prays this Honorable Court to terminate Defendant's alimony pendente lite. Respectfully submitted, SAIDIS, FLOWER & LIND A` _ f r fi` SAJUIS, - - -R SL L +4DSAY 26 West High Street Carlisle, PA CaroFJ. Crlfisay; Supreme Court I 26 West High St! Carlisle, PA 170 717-243-6222 4ft CERTIFICATE OF SERVICE I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Jeanne B. Costopoulos, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 SAIDIS, FLOWER & LINDSAY Supreme Court 19 N9!44693 26 West High Stree Carlisle, PA 17013 717-243-6222 30-4 ec? ' 3 ---? 3 -U-I SAIDIS, FLOWER LINDSAY A 26 West High Street Carlisle, PA mil Y??vY ELMER ALLEN MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - DIVORCE NO. 2004-1115 CIVIL TERM JOYCE V. MYERS, Defendant PACSES NO. 867108614 PETITION FOR MODIFICATION OF CHILD SUPPORT AND NOW, comes Elmer A. Myers by and through his counsel, Saidis, Flower & Lindsay and petitions this Honorable Court as follows: 1. On September 20, 2006, this Honorable Court entered an Order for child support in the amount of $106.00, which represented Defendant's obligation after taking into account an obligation of Plaintiff for alimony pendente lite. 2. Defendant has obtained employment which substantially increases her net monthly income and Plaintiff has filed a Petition for Termination of APL. 3. Without alimony pendente lite as an offset to Defendant's obligation and in light of her new employment, child support should increase. WHEREFORE, Petitioner prays this Honorable Court to modify its Order of September 20, 2006. Respectfully submitted, SAIDIS, FLOWER &.LIND SAIDIS, FLOWER SL LINDSAY 26 West High Street Carlisle, PA Carol J. Lindsay,..Eu Supreme Cou 'ID 693 26 West High rCarl isle, PA 17013 717-243-6222 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. Elmer A. Myers Date: .311-710-7 CERTIFICATE OF SERVICE I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Jeanne B. Costopoulos, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 SAIDIS, FLOWER & LIN Y ire ' Carol U. Lin yrireet Supreme ourt 44693 26 West in Carli sle, PA 17013 717-243-6222 SAIDIS, N-OWER & LINDSAY .cnoxwets-,v AW 26 West High Street Carlisle, PR t7 ?'' S:.'S ?. {._ ? ?? t %_ . ?1.. "^ ,?? -^ ? ? .a.. r r. f..? . .? ELMER ALLEN MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - DIVORCE NO. 2004-1115 CIVIL TERM JOYCE V. MYERS, Defendant IN DIVORCE AMENDMENT TO PETITION TO TERMINATE ALIMONY PENDENTE LITE AND NOW, comes Elmer A. Myers by and through his counsel, Saidis, Flower & Lindsay and petitions this Honorable Court as follows: 1. On September 20, 2006, this Honorable Court entered an Order for Alimony Pendente Lite to PACKS Number 867108614, which partially offset a child support obligation. 2. At the time of the entry of the September 20, 2006 Order, Defendant was unemployed. 3. On March 5, 2007, Defendant obtained employment earning $42,430.00 annually in addition to her annual pension of $21,140.00. 4. The Honorable J. Wesley Oler, Jr. entered an Order with regard to alimony pendente lite on September 20, 2006. There has been no ruling by any other Judge in any other matter in the captioned case. 5. Counsel, Jeann6 Costopoulos, has been advised of the need to terminate alimony pendente lite because her client has significantly increased earnings and concurs that the instant Petition be filed. WHEREFORE, Petitioner prays this Honorable Court to terminate Defendants alimony SAMIS, FLOWER & LINDSAY AT[ORWr AMAW 26 West High Street Carlisle, PA pendente lite. Respectfully submitted, SAIDI , FLOWER & Carol J. Linds47,12s ire ' Supreme Court o. 44693 26 West High reet Carlisle, PA 17013 717-243-6222 CERTIFICATE OF SERVICE On the day of h, 2007, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Jeann6 B. Costopoulos, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 SAIDIS, FLOWER & LINDSAY Carol J. Lindsay, Es uir6- Supreme Court 6D N . 4,4693 26 West High Sirsel Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY ATrQ92gEtS•AT uw 26 West High Street Carlisle, PA fl: N s f ELMER A. MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 04-1115 CIVIL TERM JOYCE V. MYERS, IN DIVORCE Defendant/Respondent . PACSES Case Number: 867108614 ORDER OF COURT AND NOW, this 16th day of April 2007, a petition has been filed against you, Joyce V. Myers, to modify an existing Alimony Pendente Lite Order. You are ordered to appear in person at theDomestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on May 7.2007 at 1:30 P.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, compbted as required by the 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. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Jeanne B. Costopoulos, Esq. Carol J. Lindsay, Esq. Date of Order: April 16, 2007 11. J. S dday, onference Officer / 1r 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 r-o -71 T V ?.Y f ELMER ALLEN MYERS, : Plaintiff V. JOYCE V. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-1115 CIVIL TERM IN RE: PLAINTIFF'S PETITION TO TERMINATE ALIMONY PENDENTE LITE ORDER OF COURT AND NOW, this 17th day of April, 2007, upon consideration of the above petition, this matter is referred in this first instance to Ricky Shadday of the Domestic Relations Section for a conference. Carol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff Jeanne B. Costopoulos, Esq. Maria P. Cognetti & Associates 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 Attorney for Defendant Ricky Shadday Domestic Relations Office BY THE COURT, Wesley , Jr., J. ter., z c*f,-. cf/a/e i jl-a .tin /J?- :rc S 0 2 1 L 0 0 Z ?Hi AO ELMER A. MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 04-1115 CIVIL TERM JOYCE V. MYERS, IN DIVORCE Defendant PACSES Case No.: 867108614 ORDER OF COURT AND NOW to wit, this 7th day of May 2007, it is hereby Ordered that the Petition for Alimony Pendente Lite is dismissed, without prejudice, pursuant to the Defendant withdrawing her request for Alimony Pendente Lite. DRO: R.J. Shadday xc: Petitioner Respondent Carol J. Lindsay, Esq. Jeanne B. Costopoulos, Esq. Service Type: M Form OE-001 Worker: 21005 BY THE COURT: ¦ r _4 4x ?' '? ',; :?. ?, ,u r ? C ? -c? r?. r;, J ? , ? ? ?t ?? ? _ r''' ;;. 1 1 .? ? Gx-? - r r? ?.f '1 ? ?? e? ELMER ALLEN MYERS, Plaintiff V. JOYCE V. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2004-1115 - CIVIL TERM IN DIVORCE NOTICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWER & LINDSAY SAIDIS, FILOWER & LINDSAY 26 West High Street Carlisle, PA YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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. Carol J. Lindsay, sq re Supreme Court N 44693 26 West High Street Carlisle, PA 17013 717-243-6222 ELMER ALLEN MYERS, Plaintiff V. JOYCE V. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2004-1115 - CIVIL TERM IN DIVORCE SECOND AMENDED COMPLAINT ELMER ALLEN MYERS, Plaintiff, by his attorneys, SAIDIS, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is Elmer Allen Myers, who currently resides at 418 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania, where he has resided since 1982. 2. The Defendant is Joyce V. Myers, who currently resides at 12 Gray Place, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 17, 1974, at Mechanicsburg, Pennsylvania. 5. That there have been no prior actions of divorce or for annulment between the SAIDIS, ANDS" 26 West High Street Carlisle, PA parties in this or in any other jurisdiction. COUNTI DIVORCE UNDER 43301(C) OR (D) OF THE DIVORCE CODE 6. The Plaintiff avers that he is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. COUNT II EQUITABLE DISTRIBUTION 8. The averments in paragraphs 1 through 7 are incorporated hereto as if fully set forth herein. 9. During their marriage, the parties have acquired certain property, both personal and real. WHEREFORE, Plaintiff requests this Court to equitably divide the marital property. COUNT III COSTS 10. The averments in paragraphs 1 through 9 are incorporated hereto as if fully set forth herein. 11. Plaintiff is unable to pay the costs associated with this action. WHEREFORE, Plaintiff requests this Honorable Court to award costs. SAIDIS, FLOWER & LINDSAY %i.4..v SAIDIS, FLOWER & LENDSAY 26 West High Street Carlisle, PA Carol J. Lindsa , 'quire Supreme Co No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 VERIFICATION I, Carol J. Lindsay, attorney for Elmer A. Myers, verify that the statements made in the foregoing document are true and correct and certify that I am authorized to do so, and that the person's having knowledge of matters alleged in this pleadings are outside the jurisdiction of the Court and her Verification cannot be obtained within the time allowed for filing the pleading. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. CaroN . Lindsay, s Ir6, attorney Elmer A. MyersT SAMIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE On the ?:, day of October, 2007, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Jeanne B. Costopoulos, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 SAIDIS, FLOWER.& LINDSAY Carol J. Lindsay, sq0 Supreme Court I N 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA C"'? N "fl 1 J --.J f?'I s» qy - , Y ELMER ALLEN MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - DIVORCE NO. 2004-1115 - CIVIL TERM JOYCE V. MYERS, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on March 16, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit 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: 4615110 mer A. Myers PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER4 3301 (c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court SAWIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct 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: IL 7 0 Imer A. Myers C.) n :? ca r CD ELMER ALLEN MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - DIVORCE NO. 2004-1115 - CIVIL TERM JOYCE V. MYERS, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on March 16, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit 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: Q 7 c . Myers + DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's SAWIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct 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.C? 07 ( , Jo e . Myers 7 E :x •?? =Y? ?? ;°f .. ._..3 ? `?? ' ? C,""1 - - -°-- c?a .: ... - . , i ,_? ?? ?-? ELMER ALLEN MYERS, Plaintiff V. JOYCE V. MYERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-1115 CIVIL TERM CIVIL ACTION -LAW DIVORCE PRAECIPE TO WITHDRAW COUNT I OF DEFENDANT'S PETITION FOR RELATED CLAIMS TO THE PROTHONOTARY: Kindly mark Count I of Defendant's Petition for Related Claims Pursuant to Pa.R.C.P. 1920.15(b), which was filed on September 14, 2006, withdrawn, settled, and dismissed. Respectfully Submitted: By: JEANNE B. COSTOPOULOS, E -WIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Joyce V. Myers, Defendant 1©? d 7 Dated: 4 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document to the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Carol J. Lindsay, Esquire SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 By: E B. COST0P0ULOS, ESQ ttorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Joyce V. Myers, Defendant Dated: l ?` ?? Q .,..a ..-? '? ? -?,? ? ? ? ,.!'- . '"'Y PJ- ?... r- '.. ELMER ALLEN MYERS, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 04 - 1115 CIVIL JOYCE N. MYERS, Defendant IN DIVORCE AND NOW, this ORDER OF COURT ab? day of 2007, the parties and counsel entered into an agreement and stipulation resolving the economic issues on October 4, 2007, the date set for a Master's hearing, the agreement and stipulation having been transcribed and the terms of payment to wife having been completed, 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, Edgar B. Bayley, P.J. cc: /Attorney arol J. Lindsay for Plaintiff ?eanne B. Costopoulos Attorney G- for Defendant `,1Y r•? Q t , r N ?? te r t a= ' ,Q t`? ELMER ALLEN MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - DIVORCE NO. 2004 - 1115 CIVIL TERM JOYCE V. MYERS, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on March 22, 2004, via certified mail. Proof of service was filed with the Court on March 26, 2004. 3. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code was executed: By Plaintiff: October 4, 2007 and filed with Prothonotary on October 5, 2007. By Defendant: October 4, 2007 and filed with Prothonotary on October 5, 2007. 4. Related claims pending: The Agreement of the Parties of October 4, 2007 is incorporated, but not merged, into the Decree in Divorce. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was executed: By Plaintiff: October 4, 2007 and filed with Prothonotary on October 5, 2007. By Defendant: October 4, 2007 and filed with Prothonotary on October 5, 2007. L FLOWER ? LINDSAY 26 West High Street Carlisle, PA SAIDIS, FLOWER & LINDSAY Carol J. Lindsay F Supreme Cou I o. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 a C-n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ELMER ALLEN MYER.. AND NOW, VLce.-,. ? o r 4 Z 00 , IT IS ORDERED AND ELMER ALLEN MYERS VERSUS JOYCE V. MYERS DECREE IN DIVORCE DECREED THAT AND JOYCE V. MYERS No. 04-1115 , 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; The Agreement of the Parties of October 4, 2007 is incorporated but not merged with the Decree in Divorce. BY THE COURT; ATTES U ? J. PROTHONOTARY -r? e 0., Y ELMER ALLEN MYERS, Plaintiff V. JOYCE V. MYERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2004-1115 CIVIL TERM : CIVIL ACTION -LAW : DIVORCE NOTICE OF INTENT TO RETAKE PRIOR NAME Notice is hereby given that JOYCE VIRGINIA MYERS, Plaintiff in the above-captioned matter, having been granted a Final Decree in Divorce on December 4, 2007, hereby elects to retake and hereafter use her previous name of JOYCE VIRGINIA HOVIS, and gives this written notice avowing her intention in accordance with the provisions of the Act of December 16, 1982, P.L. 1809,54 Pa. C.S.A. §704. COMMONWEALTH OF PENNSYLVANIA COUNTY OF VQ r?j' 1 ?.?? t1lla?(58 y Virginia ers TO BE KNOWN AS: ? ? r/iro/ag yd Virginia vis BEFORE ME, the undersigned authority, on this day personally appeared Joyce Virginia Myers, to be known as Joyce Virginia Hovis, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ) O'n day of Ta nua r t , 200 c -.4 _ A (lA6& COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ANITASHADDER, NOTARY PUBLIC °SHREWSBURY BOROUGH, YORK COUNTY MY COMMISSION EXPIRES AUG. 6, 2011 = Notary Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: Ant(a Shad 1ec My commission expires: (0 / ! -.? ?. ,7 Q '?d?- - c.?. ? ?' •? . ra _ f + . ? !