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HomeMy WebLinkAbout09-7820t) Carrucoli & Associates 875 Market Street Lemoyne, PA 17043 Attorney for Plaintiff SANDRA SLOAN MYERS JN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY,PENNSYLVANIA V : CIVIL ACTION IN DIVORCE SCOTT ALLAN MYERS :NO. p 5 R'?10 Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief 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 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, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 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. Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6100 Carrucoli & Associates 875 Market Street Lemoyne, PA 17043 Attorney for Plaintiff SANDRA SLOAN MYERS AN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY,PENNSYLVANIA V : CIVIL ACTION IN DIVORCE SCOTT ALLAN MYERS :NO. Defendant COMPLAINT IN DIVORCE AND NOW, this 12th day of November, 2009, comes the Plaintiff, Sandra. Sloan Myers, by and through her attorney Susan K. Pickford, Esq. and files this Complaint in Divorce and states the following: 1. Plaintiff is Sandra Sloan Myers, who currently has a mailing address of 5 Mountain View Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Scott Allan Myers, who currently has a mailing address of 108 Valley Street, Summerdale, Cumberland County, Pennsylvania 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 15, 2009, in Lancaster County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. There are no children born to the marriage. 7. Plaintiff avers that the marriage is irretrievably broken. G, 8. 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 such counseling. 9. Plaintiff does not request counseling, pursuant to §3301(c) of the Divorce Code. 10. Neither party in this action is a member of the Armed Forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. Respectfully submitted, By: Susan K. Pick Ord, ID # 43093 875 Market Street Lemoyne, PA 17043 (717)761-1274 VERIFICATION I, Sandra Myers, verify that the statements made in this Complaint are true and correct to the best of my knowledge. 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. Date: 1 I d ?D -Q(- mr- Sandra Myers Carrucoli & Associates 875 Market Street Lemoyne, PA 17043 Attorney for Plaintiff SANDRA SLOAN MYERS Plaintiff V SCOTT ALLAN MYERS Defendant AN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY,PENNSYLVANIA : CIVIL ACTION IN DIVORCE :NO. d y- ? P 2z Tim CERTIFICATE OF SERVICE I, Susan K. Pickford, Esq., counsel for Plaintiff hereby certify that a copy of the Complaint for Divorce, directed to Defendant, was served upon Defendant by personal service. 875 Market Street Lemoyne, PA 17043 (717)761-1274 20U9 NO 12 ht lu l 3 ? sa , ,e a 3 3yy ?4- I ? p..L 2,;A ? 17093 Fir- ~~.~~ r-~~T~~~!o3aRY 2010 FAQ - 9 P~ 2~ 5 7 CtJ~= ~ ~ _. ~ _~; ;,~;~ ~~--._ SANDRA SLOAN MYERS :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO.: 09-7820 SCOTT ALLAN MYERS :CIVIL ACTION Defendant :IN DIVORCE REQUEST FOR COUNSELING AND NOW, Petitioner, Scott Allan Myers, by his attorneys, Melanie L. Erb, Esquire and the Dethlefs-Pykosh Law Group, LLC, files this petition requesting counseling, and avers: 1. That petitioner is Scott Allan Myers, an individual residing at 108 Valley Road, Enola, Cumberland County, Pennsylvania. 2. That respondent is Sandra Sloan Myers, an individual residing at 5 Mountain View Drive, Mechanicsburg, Cumberland, Pennsylvania. 3. That a divorce complaint was filed by plaintiff-respondent on November 12, 2009, on the grounds of irretrievable breakdown under Section 3301(c) of the Divorce Code. 4. That the petitioner-defendant desires to attempt reconciliation under the provisions of the Divorce Code. WHEREFORE, petitioner-defendant, Scott Allan Myers requests your Honorable Court to require up to three counseling sessions. Respectfully submitted, PA I . No. 84445 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Attorney for Plaintiff VERIFICATION I verify that the statements made in the forgoing 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 unsworn falsification to authorities. Date: ~ • S - /d ~.,~~' ~ -~ Scott Allan Myers Melanie L. Erb, Esquire 2132 Market Street Camp Hill, PA 17011 717-975-9446 Merbndcdlaw.net SANDRA SLOAN MYERS , Plaintiff, v. SCOTT ALLAN MYERS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: CIVIL ACTION IN CUSTODY CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true a correct copy of the foregoing Praecipe was served by first class mail upon the following: Susan K. Pickford, Esquire 875 Market Street, Suite 100 Lemoyne, PA 17043 Date: ,~ c~fl/v e Carrucoli & Associates 875 Market Street Lemoyne, PA 17043 Attorney for Plaintiff SANDRA SLOAN MYERS Plaintiff V SCOTT ALLAN MYERS Defendant CIVIL ACTION IN DIVORCE :NO.09-7820 ANSWER AND OBJECTION TO REQUEST FOR COUNSELING AND NOW, Respondent, Sandra Sloan Myers, by and through her attorney, Susan K. Pickford, Esq. files this Objection to Petitioner's Request for Counseling, and states the following: 1. Admitted. By way of further answer, there are no children born to this marriage and all assets are separately owned. 2. Admitted. 3. Admitted. By way of further answer, Respondent alleges that the marriage between the parties lasted less than 5 months and was predicated on misrepresentations, and secreted information by Petitioner. Respondent alleges that Petitioner failed to disclose that he was deeply in debt at the time of the marriage, owned an undisclosed post office box and a home. Respondent discovered hidden stacks of unpaid bills as well as a stash of pornographic magazines in the bedroom and bathroom. Petitioner convinced Respondent to place $6,000 of his debt for her wedding ring on her credit r ~ fit ~~ ;~.;~;`;',`, `nrt r~;~pg~' <<_ O FEQ i 9 ~~i ~: 5 t ~~~ ,/ y },v~ G~~,r - ,~.,.~N. r 4.1 ,` :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY,PENNSYLVANIA card. Respondent further alleges that Petitioner, upon being served the divorce complaint, threatened to take Respondent's home which she separately owns and built with her first husband. 4. Respondent has no desire to reconcile or to enter into counseling with Petitioner. Respondent believes that there is no reasonable prospect of reconciliation and asks this Court not to order counseling or, in the alternative, to schedule a hearing to determine if the Court finds a reasonable prospect of reconciliation after hearing evidence from Respondent. WHEREFORE, the Respondent requests this Honorable Court deny Petitioners Request for Counseling. Respectfully By: Susan K. Pic.,~forc~ ID # 43093 // 875 Market Street Lemoyne, PA 17043 (717)761-1274 VERIFICATION I verify that the statements made I nthe foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 198 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: ~, ~ ~ ~~ ~ Sandra Myers Carrucoli & Associates 875 Market Street Lemoyne, PA 17043 Attorney for Plaintiff SANDRA SLOAN MYERS Plaintiff V SCOTT ALLAN MYERS Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION IN DIVORCE :NO.09-7830 CERTIFICATE OF SERVICE I, Susan K. Pickford, Esq., counsel for Plaintiff hereby certify that the foregoing document was served upon the person and in the manner indicated below. Melanie Erb, Esq. 2132 Market Street Camp Hill, PA 17011 Via 1St class mail. ~IIq~~U 875 Market Street Lemoyne, PA 17043 (717)761-1274 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA gtld rq ~~ 04 ~ Yl'l U ~rS Plain iff Vs File No. ©q -~ S oZO ~~ ~ IN DIVORCE an e~ De endant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff /defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of Sla /Vo~ ~q ~--~ e S~ ~ a Nand gives this written notice avowing his /her intention purs~o the provisions of 54 P.S. 70~ Date: ~- a3 ~}O ~ D CLn~l,o~1l,,L. ~ Signature Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF !~. ~ b [r~~~ o~ On the ~3~ day of l~'GGr~c~-~ ~l , 20QQ, 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 +yy-~ ~ 3 dd SP`?l i ~! 14 ' ~~ ' ( ~c~ ~~ ~~.~ a~QZ Notary Public ~~ , ` ~ ~ / „_ ~~a237Q3~ ~ ~~~ ;"::-?,F r ICe a1 R10TRON0TAF,' S ICI: 3 CUMBERLAND COUNTY F'ENNSYLVANIA Melanie L. Erb, Esquire 2132 Market Street Camp Hill, PA 17011 717-975-9446 Merb@dplglaw.com SANDRA SLOAN MYERS, Plaintiff V. SCOTT ALLAN MYERS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2009-CV-7820 CIVIL ACTION - LAW IN DIVORCE PETITION FOR LEAVE TO WITHDRAW APPEARANCE PURSUANT TO PA. R.C.P. 1012 AND NOW, comes the DETHLEFS-PYKOSH LAW GROUP, LLC, by and through Melanie L. Erb, Esquire, present legal counsel for Defendant, Scott Allan Myers, and files this Petition to Withdraw as Counsel of Record and in support thereof avers the following: 1. Your Petitioner is The Dethlefs-Pykosh Law Group, LLC, by Melanie L. Erb, Esquire, 2132 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Attorneys from Petitioner's law firm, including, but not necessarily limited to, Melanie L. Erb, may have entered an appearance on behalf of the Defendant in this matter. 3. Petitioner makes this Petition on behalf of all attorneys associated with Petitioner's law firm relative to this matter. 4. On or about February, 2010, Defendant, Scott Allan Myers, contacted Petitioner seeking legal counsel for this matter concerning Plaintiff. 5. Defendant signed Fee Agreement on or about January 27, 2010 which is attached hereto as Exhibit "A". 6. Defendant, Scott Allan Myers, has not kept up with his obligations to pay Petitioner in this matter. 7. Petitioner has made numerous attempts to contact Defendant to make payment however he continues to fail to fulfill his obligation. 8. Defendant, Scott Allan Myers, has substantially failed to fulfill his obligation and duties as a client in this matter. 9. Based upon all of the foregoing, Your Petitioner respectfully requests that the Honorable Court Order that the Petitioner and all attorneys associated with Petitioner is formally withdrawn as counsel for Defendant, Scott Allan Myers. WHEREFORE, Your Petitioner, The Dethlefs-Pykosh Law Group, LLC, respectfully requests this Honorable Court to grant leave for the entry of an Order allowing its Withdrawal from legal representation of the Defendant pursuant to Pa. R.C.P. 1012. Respectfully submitted, The Dethlefs- ykosh Law Group, LLC Date: g e? ni L. rb, Esquire A4tOrney ID # 84445 2132 Market Street Camp Hill, PA 17011 (717)975-9446 Dethlefs-Pykosh Law Group 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 December 17, 2009 LAWYER-CLIENT FEE AGREEMENT Melanie L. Erb, Esquire, of the Law Office of Darrell C. Dethlefs, ("Lawyer"), will provide legal services to Scott Myers ("Client"), on the terms set f6rth below. t . CONDITIONS. This Agreement will not take effect, and Lawyer will have no obligation to provide legal services, until Client returns a signed copy of this Agreement. 2. SCOPE OF SERVICES. Client hires Lawyer to provide legal services relative to a divorce case. Lawyer will provide those legal services reasonably required to respond to Client's inquiries. This Agreement covers litigation services of any kind related to this divorce case. 3. CLIENT. The lawyer is representing the Client, Scott Myers, only in this matter. It is understood by Client and any third party who may be assisting Client financially, emotionally or otherwise, in this matter that the lawyer's duty is to act in the best interest of the Client and lawyer cannot share information about Client's case with anyone other than Client without express permission. 4. CLIENT'S DUTIES. Client agrees to be truthful with Lawyer, to cooperate, to keep Lawyer informed of any information or developments which may come to Client's attention, to abide by this agreement, to pay Lawyer's bills on time and to keep Lawyer advised of Client's address, telephone number and whereabouts. Client will assist Lawyer in providing information and documents necessary for the representation in the described matter. 5. DEPOSIT (ADVANCED FEE). Client agrees to pay Lawyer an initial deposit (advanced fee) of $500.00. $500.00 the advanced fee in the form of cash/check or money order received on January 27, 2010. The hourly charges will be credited against the deposit (advanced fee). Client understands that the Advance Fee is not held in a trust account, but rather is considered earned at the signing of this agreement. Client authorizes Lawyer to use that fund to pay the fees and other charges as they are incurred. Billing statements detailing the charges credited against the deposit (advanced fee) will be sent periodically to the client. Client acknowledges that the deposit (advanced fee) is not an estimate of total fees and costs, but merely an advance for security. Whenever the deposit (advanced fee) is exhausted, Lawyer reserves the right to demand further reasonable deposits (advanced fees). Once a trial date is set, Client shall pay all sums then owing and pay the lawyers' fees estimated to be incurred in preparing for and completing the trial, as well as the jury fees and court costs, expert witness fees and other costs likely to be assessed. 6. LEGAL FEES AND BILLING PRACTICES. Client agrees to pay by the hour at Lawyer's prevailing rates for all time spent on Client's matter by Lawyer's legal personnel. Current hourly rates for legal personnel are as follows: Attorneys $200/hour FEE SCHEDULE- The following minimum fees will be charged f hllowinp* FORM- Fee Agreement-Family-Adv Fee 1 Divorce Complaint Each additional count $ 250.00 Additional Custody Count 50.00 Affidavit of Consent & Waiver of Noti 150.00 ce Praecipe to Transmit Record 50.00 each Marital Settlement Agreement 75.00 750.00 Custody Complaint 300.00 Support Conference min 500.00 Custody Conference min 750.00 (Initials) The rates on this schedule are subject to change on 30 day written notice to client. If Client declines to pay any increased rates, Lawyer will have the right to withdraw as Lawyer for Client. The time charged includes the time Lawyer spends on telephone calls relating to Client's matter, including calls with Client and other parties and lawyers. The legal personnel assigned to Client's matter may confer among themselves about the matter, as required and appropriate. When they do confer, each person will charge for the time expended, as long as the work done is reasonably necessary and duplicative. Likewise, if more than one of the legal personnel attends a meeting or other proceeding, each will charge for the time spent. Lawyer reserves the right to report any balance past due thirty days or more to the credit bureaus. 7. COSTS AND EXPENSES. In general, Lawyer will incur various costs and expenses in performing legal services under this Agreement. Client agrees to pay for all costs, disbursements and expenses in performing legal services under this Agreement. Client agrees to pay for all costs, disbursements and expenses in addition to the hourly fees. The costs and expenses commonly include, service of process charges, filing fees, court and deposition reporters' fees, jury fees, notary fees, deposition costs, long distance telephone charges, messenger and other delivery fees, postage, photocopying and other reproduction costs, travel costs including parking, mileage, transportation, meals and hotel costs, investigation expenses, consultants' fees, expert witness, professional and other similar items. Additionally, Client understands that if the matter proceeds to court action, Client may be required to pay fees and/or costs to other parties in the action. Any such payment will be entirely the responsibility of Client. 8. BILLING STATEMENTS. Lawyer will send Client periodic statements for fees and costs incurred, upon request by client. If Client so requests, Lawyer will provide one within ten (10) days. The statements shall include the amount, rate, basis of calculation or other method of determination of the fees and costs, which costs will be clearly identified by item and amount. If any statement carries a balance due, it shall be paid in full within 10 days after the date of such statement. FORM - Fee Agreement-Family-A dv Fee 2 ?9. DISCHARGE AND WITHRAWAL. Client may discharge Lawyer at any time. Lawyer may withdraw with Client's consent or for good cause. Good cause includes Client's breach of this agreement, refusal to cooperate or to follow Lawyer's advice on a material matter or any fact or circumstance that would render Lawyer's continuing representation unlawful or unethical. When Lawyer's services conclude, all unpaid charges will immediately become due and payable. After services conclude, Lawyer will, upon Client's request, deliver Client's file, and property in Lawyer's possession whether or not Client has paid for all services. Client understands that to the limited extent lawyer has paid out of pocket expenses for items, which .have not yet been reimbursed by client, but has not been reimbursed by client, lawyer may be reimbursed for that particular expense before releasing the item. 10. DISCLAIMER OF GUARANTEE AND ESTIMATES. Nothing in this Agreement and nothing in Lawyer's statements to Client will be construed as a promise or guarantee about the outcome of the matter. Lawyer makes no such promises or guarantees. Lawyer's comments about the outcome of the matter are expressions of opinion only. Any estimate of fees given by Lawyer shall not be a guarantee. Actual fees may vary from estimates given. 11. ENTIRE AGREMENT. This Agreement contains the entire Agreement of the parties. No other agreement, statement, or promise made on or before the effective date of the Agreement will be binding on the parties. 12. SEVERABILITY IN EVENT OF PARTIAL INVALITY. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and the entire Agreement will be severable and remain in effect. 13. MODIFICATION BY SUBSEQUENT AGREEMENT. This Agreement may be modified by subsequent Agreement of the parties only by an instrument in writing signed by both of them or an oral agreement only to the extent that the parties carry it out. 14. EFFECTIVE DATE. This Agreement will govern all legal services performed by Lawyer on behalf of Client commencing with the date Lawyer first performed services. The date at the beginning of this Agreement is for reference only. Even if this agreement does not take effect, Client will be obligated to pay Lawyer the reasonable value of any services Lawyer may have performed for Client. THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM AS OF THE DATE LAWYER FIRST PROVIDED SERVICES. IF MORE THAN ONE CLIENT SIGNS BELOW, EACH AGREES TO BE LIABLE, JOINTLY AND SEVERALLY, FOR ALL OBLIGATIONS UNDER THIS AGREEMENT. CLIENT SHALL RECEIVE A FULLY EXECUTED DUPLICATE OF THIS AGREEMENT. DATED: Scott Myers DATED: l-oZ 7 - /C? *1i ykosh w oup rb, Esquire FORM - Fee Agreement-Family-Adv Fee r SANDRA SLOAN MYERS, Plaintiff V. SCOTT ALLAN MYERS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2009-CV-7820 CIVIL ACTION - LAW IN DIVORCE RULE AND NOW, this the 17 day of 2011, a RULE is issued upon Defendant, Scott Allan Myers, and Plaintiff, Sandra Sloan Myers to show cause as to why the Petition to Withdraw as Counsel of Record for Defendant, Scott Allan Myers, should not be granted. RULE returnable on , -wti. • THE C > -j CD m ? ...._. fig. ?. .a `vs ... Distribution Legend Melanie L. Erb, Esquire Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 o ? tl Scott Allan Myers ? SI p? 108 Valley Road Enola, PA 17025 Susan K. Pickford, Esquire Carrucoli & Associates 875 Market Street, Suite 100 Lemoyne, PA 17043 -9 Melanie L. Erb, Esquire 2132 Market Street Camp Hill, PA 17011 717-975-9446 merb &dplglaw.com SANDRA SLOAN MYERS, Plaintiff, SCOTT ALLAN MYERS, Defendant, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLZIA= 1co c? NO.: 2009-CV-7820 -C C -n CIVIL ACTION IN DIVORCE :zc) .- 1-PROPOSED ORDER OF COURT AND NOW, this K,4* day of sje4? 2011, upon consideration of Petition for Leave to Withdraw Appearance, it is hereby Ordered Order and decreed that Petitioner's Motion is granted. BY TH RT, J. Distribution Legend Melanie L. Erb, Esquire ? Susan K. Pickford, Esquire Dethlefs-Pykosh Law Group, LLC Carrucoli & Associates 2132 Market Street 875 Market Street, Suite100 Camp Hill, Pennsylvania 17011 Lemoyne, PA 17043 Scott Allan Myers 108 Valley Road Enola, PA 17025 ;l,d CoP giwp(a?g cn _,l x-n M- r r' aJ ? --4c) =--11 C:)-n C--) ?M 3 SANDRA SLOAN MYERS V. SCOTT ALLAN MYERS Plaintiff Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009 - 7820 : IN DIVORCE AFFIDAVIT & PROOF OF SERVICE I hereby certify that I am this 22nd day of March, 2012 serving the following documents: A. Defendants Answer to Plaintiff's Motion to Compel Discovery and ,?Ward ., -rJX Sanctions MW -c f Verification B . 31 C. N/A - w upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pa. R.C.P.: 1. Susan K. Pickford, Esquire, Attorney for Plaintiff, 3400 Trindle Road, Camp Hill, Pennsylvania, 17011 by: a. U.S. First Class Mail, postage pre-paid at the foregoing address b. Email at address attorneypickford@gmail.com c. Fax at 717-695-3592 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 Ps.C.S. Section 4904, relating to unsworn falsification to authorities. Date: -? 1-12 -14) Z AbraK r esky, Esquire Attorne or PAID 209787 674S er Court Hummelstown, PA 17036 Tel: (717) 982-1532 SANDRA SLOAN MYERS IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW , SCOTT ALLAN MYERS NO. 2009 - 7820 N . FTj rat' Defendant IN DIVORCE rte; F,, DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION TO COMP. DISCOVERY AND AWARD SANCTIONS ?/X "i.e AND NOW, comes the Defendant, Scott Allan Myers, by and through his attorney, Abraham Prozesky, and files the following Answer to Plaintiff's Motion to Compel Discovery and Award Sanctions: 1. Admitted. 2. Admitted and Denied. Undersigned Counsel was on vacation in February of 2012 and at the time of Plaintiff's mailing of the request for interrogatories. Defendant was informed of the interrogatories on February 14, 2012. 3. Admitted and Denied. The interrogatories provided for 30 days to respond. 4. Admitted and Denied. Defendant recently moved from PA to SC and has most of his documents in storage. Communicating with Defendant is also awkward and difficult to the extent that communications are limited to telephone, mail, email and text messages. Undersigned Counsel has tried to explain this to Plaintiff's Counsel and has tried on several occasions to keep Plaintiff's Counsel informed about progress and this happened on March 7, March 14 and March 21. A copy of the email messages are attached as Defendants Exhibit "1". 5. Admitted and Denied. The answer in paragraph 4 is incorporated by reference as though set forth herein. 6. Admitted.. 7. Admitted and Denied. Undersigned Counsel did not indicate that he had just started working on the response but responded: "Thank you for providing me with the digital format. I have worked on it today and have referred it back to Mr. Myers with a few questions. It is our intent to let you have the answer as soon as possible". This response is included in Plaintiff's Exhibit «1,> 8. Admitted. 9. Denied. The statement does not refer to a particular averment and is unclear and vague to the point that it is impossible to answer. 10. Admitted and Denied. The parties ceased cohabitation in November of 2009. The parties reconciled. and cohabited from July of 2010 and ceased all cohabitation again in June of 2011. 11. Admitted and Denied. The marriage lasted 17 months. 12. Denied. The case is not ready for the Divorce Master as the parties have not lived separate and apart for a. period of at least two years. 13. Denied. Defendant is claiming equitable distribution and has no reason to delay this case any longer than is necessary. Defendant has made a claim as required by the Pa R.C.P. Plaintiff did not file any objections. Defendant therefore has a valid claim to be decided upon at a later stage. Defendant is able to substantiate his claim. Plaintiff is not entitled to attorney's fees. This motion is premature and unnecessary. There was reasonable communication with Plaintiff's Counsel. Defendant does have the intent to provide an answer and will do so within the next couple of days. Pursuant to Pa. R.C.P. 4019(g)(2), if this motion for sanctions is denied, the Honorable Court is requested to require Plaintiff or her attorney or both of them to pay Defendant his reasonable expenses, including attorney's fees. 14. Denied. Plaintiff is not entitled to attorney's fees. Defendant's counsel has billed for 3 hours in drafting this answer, phone calls, emails and fax to opposing counsel, filing and serving this answer and calls to client. At an hourly rate of $120 per hour, counsel has billed $360.00. WHEREFORE, Defendant respectfully requests this Honorable Court to deny this motion to compel and for sanctions and award Defendant reasonable expenses, including attorney's fees of $360.00. ?)2_2 - 2-Date Respectfully submitted y, Esquire Abrah r9787 Attorney tiff PAID # 674 Stov er Court Hummelstown, PA 17036 Tel: (717) 982-1532 Defendant's Exhibit "1" Hotmail Print Message Re: Myers v Myers Motion to Compel and award sanctions From Abraham Prozesky (aprozesky@hotmaiLcom) Sent: Wed 3/21/12 1:49 PM To: susan pickford (attorneypickford@gmail.com) I am busy answering your request for sanctions and compiling the answer as fast as I can. On Mar 21, 2012, at 11:44 AM, susan pickford <attorneypickford@amail.com> wrote: I still have not received answers to interrogatories. On Fri, Mar 16, 2012 at 12:56 PM, Abraham Prozesky Esq <aprozesky@hotmail.com> wrote: Please let me have a time stamped copy at your earliest convenience so I can prepare an answer. Date: Fri, 16 Mar 2012 12:37:24 -0400 Subject: Re: Myers v Myers Motion to Compel and award sanctions From: attorneypickford@gmail.com To: aprozesky@hotmaiLcom The Motion to Compel has been filed. It has been 45 days. Susan On Fri, Mar 16, 2012 at 11:40 AM, Abraham Prozesky Esq <aprozesky@hotmail.com> wrote: I have not forgotten about this case. You have been most graceful and patient. Thank you for that. We are almost done with the answer. I have all the documents to support the answer I compiled. I'm just waiting for Mr. Myers to respond to a few questions I had. I will forward everything to you as soon as I have his answer. He is in SC and that makes our communications a bit awkward. Sincerely Abraham Prozesky Dona nobis pacem Page 1 of 4 http://by 170w.bay 170.mail.live.com/mail/PrintMessaizes.asDX?cnids=f31349a2-Oe29-438e... 3/21/2012 Hotmail Print Message Privileged and/or Private Information: This e-mail message is intended only for the personal use of the recipient(s) named above and contain privileged and/or private information that is protected by the attorney-client relationship and/or Federal and/or State Privacy Statutes and Legislation. If you are not an intended recipient, you may not review, copy, distribute or use this message or any of the information contained therein. If you have received this communication in error, kindly notify sender immediately by e-mail and delete the original message. Date: Thu, 15 Mar 2012 08:23:05 -0400 Subject: Re: Myers v Myers Motion to Compel and award sanctions From: attorneypickford@gmail.com To: aprozesky@hotmail.com I will expect them by noon Friday - latest. On Wed, Mar 14, 2012 at 5:38 PM, Abraham Prozesky Esq <aprozesky@hotmail.corn> wrote: Thank you for providing me with the digital format. I have worked on it today and have refered it back to Mr. Myers with a few questions. It is our intent to let you have the answer as soon as possible. Date: Wed, 14 Mar 2012 16:46:06 -0400 Subject: Re: Myers v Myers Motion to Compel and award sanctions From:.attorneyl2ickford@qmail.com To: aprozesky@hotmail.com When can I expect to see the Answers to Interrogatories? They are over due and you indicated I would have them today. On Wed, Mar 7, 2012 at 11:38 AM, Abraham Prozesky Esq <aprozesky@hotmail.com> wrote: Page 2 of 4 httD://by170w.bav170.mail.live.com/mail/PrintMessaizes.asnx?cDids=f31349a2-Oe29-438e_._ 3/21/2012 Hotmail Print Message Attorney Pickford, it will not be necessary to file your motion as Mr. Myers has every intention to supply an answer. I was away for 3 weeks in February, so Mr. Myers got the interrogatories late. He is not wilfully refusing to supply an answer and I am reasonably confident that we will have it ready for you by Wednesday, March 14,2012.1 apologize for the delay which is not meant to frustrate you or your client. Sincerely Abraham Prozesky Dona nobis pacem Privileged and/or Private Information: This e-mail message is intended only for the personal use of the recipient{s} named above and contain privileged and/or private information that is protected by the attorney-client relationship and/or Federal and/or State Privacy Statutes and Legislation. If you are not an intended recipient, you may not review, copy, distribute or use this message or any of the information contained therein. If you have received this communication in error, kindly notify sender immediately by e-mail and delete the original message. Date: Tue, 6 Mar 2012 15:02:41 - 0500 Subject: Myers v Myers Motion to Compel and award sanctions From: attorneypickford@gmail.com To: aprozeskv@hotmail.com Page 3 of 4 Hotmail Print Message Attorney Prozesky: Attached please find a copy of the Motion to Compel Discovery and Award Sanctions that will be filed at the end of the week if Answers to the Interrogatories I filed are not received. Very truly yours, Susan K. Pickford, Esq. Page 4 of 4 http://bv 170w. bay 170.mail.live.com/mail/PrintMessaaes.asnx?cnids=f31349a2-Oe29-43 8e... 3/21/2012 SANDRA SLOAN MYERS, Plaintiff VS. SCOTT ALLAN MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-7820 CIVIL IN DIVORCE IN RE: MOTION TO COMPEL DISCOVERY AND AWARD SANCTIONS ORDER AND NOW, this '%0 day of March, 2012, a rule is issued upon the defendant to show cause why the Motion to Compel and Award Sanctions should not be granted. Rule returnable ten (10) days after service. 2 BY T W- Td-w-ard E. Guido, J. C;: G? - A6,- Aao, PreZcsk? &piL's vVIa-led ???4i//? SANDRA SLOAN MYERS IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY: PENNSYLVANIA V. CIVIL ACTION - LAW SCOTT ALLAN MYERS NO. 2009 - 7820 Defendant IN DIVORCE VI M r _ PRIOR JUDGE: THE HONORABLE GUIDO, J.4> r- DEFENDANT'S ANSWER TO SHOW CAUSE WHY PLAINTIFF'S M$F ONE TO COMPEL AND AWARD SANCTIONS SHOULD NOT BE GRANTED c,} AND NOW, comes the Defendant, Scott Allan Myers, by and through his attorney, Abraham Prozesky, and tiles the following Answer to show cause why Plaintiff's Motion to Compel and Award Sanctions should not be granted: 1. Defendant filed an answer to Plaintiff's Motion to Compel and Award Sanctions on March 22, 2012, a date prior to the current Order to show cause on March 26, 2012. 2. Defendant's answer and paragraphs 1 to 14 of the answer are incorporated by reference as though set forth herein. 3. In addition to the answer filed on March 22, 2012, Pa.R.C.P. 4019(g)(1) provides that attorneys fees and reasonable costs can only be obtained after a hearing where it was determined that the party in default has failed to comply with an order of court to comply with a provision of the Chapter on Depositions and Discovery, Ra.R.C.P. 4001 et seq.. There has been no such order. 4. Defendant also provided Plaintiff with an answer to plaintiff's first set of interrogatories on March 23, 2012, a date prior to the current Order to show cause on March 26, 2012. 5. It is not known why Plaintiff failed to inform the Honorable Guido, J that the Motion to Compel and Award Sanctions has become moot. 6. Pursuant to Pa.R.C.P. 4019(g)(2) it is respectfully requested that Plaintiff or her attorney or both of them pay Defendant his reasonable expenses, including attorney's fees. WHEREFORE, Defendant respectfully requests this Honorable Court to deny this motion to compel and for sanctions and award Defendant reasonable expenses, including attorney's fees of $360.00. Date Respectfully submitted 4 2-0)2- , Esquire Attorney f Def( PA ID # 709787 674 Sto er Court Hummelstown, PA 17036 Tel: (717) 982-1532 VERIFICATION The above-named Plaintiff, Scott Allan Myers, verifi s that t4e statements made in the /-?n3wtr to S?+r&%Te A & ? 4- 0 (O . x f aZ UrJl lane from attached are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: U 3 I of-- Signature: Scott Allan Myers, Plai ' f SANDRA SLOAN MYERS V. SCOTT ALLAN MYERS Plaintiff Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009 - 7820 : IN DIVORCE AFFIDAVIT & PROOF OF SERVICE ?. I hereby certify that I am this 4t" day of April, 2012 serving the following documts::, A. Defendants Answer to Show Cause not to Compel and Award SaMti-ons 13. Verification C. N/A upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pa. R.C.P.: 1. Susan K. Pickford, Esquire, Attorney for Plaintiff, 3400 Trindle Road, Camp Hill, Pennsylvania, 17011 by: a. U.S. First Class Mail, postage pre-paid at the foregoing address b. E-mail at address attorneypickford@gmail.com c. Fax at 717-695-3592 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 Ps.C.S. Section 4904, relating to unsworn falsification to authorities. Date: ,L Abraham zesky, Esquire Attorner Defendant PAID 4409787 674 Stover Court Hummelstown, PA 17036 Tel: (717) 982-1532 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA SANDRA SLOAN MYERS Plaintiff VS. NO. 2009 CV 7820 20 SCOTT ALLAN MYERS Defendant MOTION FOR APPOINTMENT OF MASTER SANDRA SLOAN MYERS Plaintiff �,moves the court to appoint a master with respect to the following claims: X❑Divorce ❑X Distribution of Property ❑Annulment ❑ Support ❑Alimony OX Counsel Fees ❑Alimony Pendente Lite Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims(s)for which the appointment of a master is requested. 2. The defendant has I . . appeared in the action(personally)(by his attorney,_ Abraham Prozesky ,Esquire). 3. The staturory ground(s)for divorce is Q Section 3301 (d) 4. Delete the inapplicable paragraph(s):A❑X B© C❑ d► a. The action is not contested. b. An agreement has been reached with resnect to the following claims: C= C. The action is contested with respect to the following claims: Equitable Distribution to ---t Date of Separation = 5. The action involves complex issues of law or fact. 6. The hearing is expected to take 4 hours 7. Additional information,if any,relevant to the motion: Date: 11-3 ttomey for Plain ik Susan K.Pickford,Esq Print Name ORDER APPOINTING MASTER AND NOW ,20 Esquire, is appointed master with respect to the following claims: By the Court, J. _ SANDRA SLOAN MYERS JN THE COURT OF COMMON PLEAS OF PLAINTIFF, :CUMBERLAND COUNTY,PENNSYLVANIA -NO. 2009 CV 7820 CIVIL TERM V. DIVORCE SCOTT ALLAN MYERS, INVENTORY OF Plaintiff files the following inventory of all property owned or possessed y either party at the time this section was commenced and all property transferred within the preceding three years. ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) 1. Real property 2. Motor vehicles 3. Stocks,bonds, securities and options 4. Certificates of deposit 5. Checking accounts, cash 6. Savings accounts,money market and savings certificates r-T" 7. Contents of safe deposit boxes 8. trusts 9. Life insurance policies 10. Annuities 11. Gifts 12. Inheritances 13. Patents, copyrights, inventions,royalties 14. Personal property outside of home 15. Business 16. Employment termination benefits—severance pay,worker's compensation 17. Profit sharing plans 18. Pension plans 19. Retirement plans, individual retirement accounts 20. Disability payments 21. Litigation claims 22. MilitaryN.A. benefits 23. Education benefits (X 24. Debts due, including loans,mortgages held (X 25. Household furnishings and personalty 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description Names of Number of Property All Owners NONE - This was a 5 month marriage. NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Description Reason for Number of Property Exclusion 1 5 Mountain View Drive Separate property of wife 5 month marriage No contributions by spouse to Mortgage 25 household property 5 month marriage All items belonging to spouse were retrieved by him PROPERTY TRANSFERRED Item Description Date of Consideration Person to whom Number of Property - Transfer transferred NONE LIABILITIES Item Description Names of all Names of all Number of Property Creditors Debtors 24 loan on Original debt was owed to Scott A Myers Engagement ring Kay Jewelers on Defendant's $8,118.80 account . Three months later Defendant transferred debt to Plaintiff s name with promise to pay debt. Defendant failed to pay on debt. Debt now owed to Plaintiff Respe lly submi , usan K. Pickfo d, Es Attorney for Plaintiff ID 43093 3400 Trindle Road Camp Hill,PA 17011 (717)695-3294 VERIFICATION I, Sandra Sloan Myers, hereby state that I have read the foregoing document. The statements set forth therein are true and correct to the best of my knowledge, information and belief. Further I understand that this Verification is made subject to the penalties of 18 Pa.C.S. §4904,which relates to unworn falsification to authorities. Date: Sandra Sloan Myers SANDRA SLOAN MYERS :IN THE COURT OF COMMON PLEAS OF PLAINTIFF, :CUMBERLAND COUNTY,PENNSYLVANIA :NO. 2009 CV 7820 CIVIL TERM V. DIVORCE SCOTT ALLAN MYERS, DEFENDANT. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of forgoing document in the above captioned case was served upon the person, at the location and in the manner indicated below. Abraham Prozesky, Esq 674 Stover Court Hummelstown,PA 17036 (regular mail) Date: April 22,2013 /:!"usan K. Pic kfo , Esq; ID#43093 3400 Trindle Road Camp Hill,PA 17011 (717)695-3294 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA SANDRA SLOAN MYERS Plaintiff VS. No. 2009 CV 7820 20 SCOTT ALLAN MYERS Defendant MOTION FOR APPOINTMENT OF MASTER SANDRA SLOAN MYERS -Plaintiff moves the court to appoint a master with respect to the following claims: Z Divorce Distribution of Property ❑Annulment ❑Support Alimony Z Counsel Fees ❑Alimony Pendente Lite nX Costs and Expenses and in support of the motion states: I. Discovery is complete as to the claims(s)for which the appointment of a master is requested. 2. The defendant has appeared in the action(personally)(by his attorney, Abraham Prozesky Esquire). 3. The staturory ground(s)for divorce is Section 3301 (d) 4. Delete the inapplicable paragraph(s):A N BN C ] a. The action is not contested. b. An aLyreement has been reached with resnect to the followine claims: =M C. The action is contested with respect to the following claims: r �> CD Equitable Distribution < W r— Date of Separation < 5. The action involves complex issues of law or fact. zea 6. The hearing is expected to take 4 hours 7. Additional information,if any,relevant to the motion: Date: Attomeyy for Plain Susan K.Pickford,Esq Print Name ORDER APPOINTING MASTER AND NOW R dAjA squire, _t , 20 t3 , E Cn ifAis aypAted master with respect to the following claims: By the Court, C> t' 1� en Cr- CE 0- U_j= Conic' s i944y -P 40. All-X&I13 SANDRA SLOAN MYERS : IN THE COURT OF COMMON PLEAS;; - Plaintiff . CUMBERLAND COUNTY, PENNWLIZANIA_ V. : CIVIL ACTION—LAW SCOTT ALLAN MYERS : NO 2009—7820 I.ad— Defendant : IN DIVORCE c t MOTION TO EXPAND SCOPE OF TESTIMONY& CONTINUANCE Defendant, Scott Allan Myers, respectfully moves this Court for an Order to expand or enlarge the scope of testimony to be heard on October 17, 2013 at 9 a.m. to include comprehensive testimony on all issues regarding equitable distribution and to continue the hearing and, in support thereof, avers as follows: 1. Plaintiff, Sandra Sloan Myers, (hereinafter "Plaintiff') filed an action in Divorce on November 12, 2009. 2. On February 1, 2012, Plaintiff served Defendant, Scott Allan Myers (hereinafter "Defendant")with a First Set of Interrogatories. 3. On June 14,2013, Defendant served Plaintiff with a First Set of Interrogatories. 4. On July 16, 2013, an email message was received from Plaintiffs attorney of record, Ms. Susan K. Pickford stating: "I would like to have a conference with the Master on the issue of Date of Separation. He wants me to ask if you concur with such a conference. Please indicate your position."A true and correct copy of the email message is attached as Defendant's Exhibit"1". 5. Undersigned counsel responded by email on July 19, 2013 to Ms. Pickford and objected to the ex parte communication between the Master and Ms. Pickford. A true and correct copy of the email message is attached as Defendant's Exhibit"2". 6. Ms. Pickford responded by email on July 19, 2013 to undersigned counsel that the Master had called her and instructed her to ask for undersigned counsel's concurrence first and that she was also directed to write a letter to indicate undersigned counsel's position. A true and correct copy of the email message is attached as Defendant's Exhibit"3". 7. Undersigned counsel objected on July 22, 2013 by email to the Master not giving him an opportunity to state the Defendant's position before making a decision. A true and correct copy of the email message is attached as Defendant's Exhibit"4". 8. The Master responded on July 23, 2013 by stating: "We are going to have a hearing on the date of separation. The extent of discovery will depend on the date the parties separated and, therefore, extensive discovery may not be necessary depending on the date chosen." 9. On July 24, 2013 the Honorable Kevin A. Hess entered an order limiting testimony to the date of separation. 10. The issues in this case are fairly simple. The first issue is divorce. It is common cause that the parties have been living separate and apart in excess of two years. The second issue is a claim by Defendant for equitable distribution on the marital residence. Defendant is asking for an equitable division of marital property because of his contribution in the form of materials that he bought in excess of thirty thousand dollars ($30,000.00) and the effort that he put into improving the marital residence which led to the appreciation of the marital property. 11. It is Defendant's contention that the date of separation is largely irrelevant and that the real issue is to what extend did Defendant's materials and labor improve and appreciate the marital residence. 12. Defendant has already disclosed the costs of the materials to Plaintiff during discovery. 13. Plaintiff has already consulted and allowed a building inspector to inspect the marital residence. Plaintiff has also made use of the inspector's opinion in her answer to Defendant's Interrogatories. 14. Defendant has not been afforded a similar opportunity to inspect the property by his building inspector and is being prejudiced in his attempts to conduct his case. 15. Defendant avers that the only discovery issues that are outstanding are for the marital residence to be appraised and for the marital residence to be inspected by Defendant's appraiser and inspector. The appraisal and inspection can be done within a week but for Plaintiff's unwillingness to allow the appraiser and inspector on the premises. 16. Defendant has made numerous requests for an appraisal but has been ignored for more than a year on his requests. 17. Defendant is living in South Carolina and it is expensive and time consuming to have to travel to Carlisle, PA. Defendant is also a single parent of two minor children who will be inconvenienced by his absence. 18. Defendant is desirous to finish this court case as soon as possible with the least inconvenience to all concerned. 19. Defendant would therefore be ready on October 17, 2013 to address all issues on this case if his appraiser and inspector are allowed reasonable access to the marital residence that would enable Defendant a reasonable time to prepare for the hearing. 20. Defendant contents that his appraiser and inspector's reasonable intrusion into the marital residence should not be more than two hours each. 21. Defendant avers for the reasons stated above that he is being prejudiced by piece meal litigation that would serve no useful purpose. 22. At present there are no monetary expenses for the Plaintiff associated with the appraisal and the inspection. Defendant's expenses regarding the appraisal and inspection will be addressed at a later time, should he be successful in his claim. 23. Plaintiff is being represented by Ms. Susan K. Pickford. A request to allow the appraiser was made by email on September 30, 2013. No answer was received. A request for access was again made on October 2, 2013 and Defendant's consent to an order compelling her to give access was sought on same date by letter in an email and facsimile. Finally, an answer by email was received on Monday, October 7, 2013 in which Ms. Pickford stated that her client is "quite ill" and that they"will not be permitting an appraisal until the date of separation is resolved". A copy of this motion and proposed order has been forwarded to Plaintiff's attorney of record by email & facsimile prior to filing. At the date and time of filing this motion,no answer was received. 24. If it is indeed true that the Plaintiff is too sick to allow an inspection and appraisal then it will be requested that this case be continued until the inspection and appraisal can take place. 25. At the time of filing, an original verification was still in the mail from SC to PA and will be filed as soon as it becomes available. A copy of the signed verification is attached. WHEREFORE, Defendant respectfully requests this Honorable Court, to enter an Order to allow the parties to present full testimony on all outstanding issues and to allow Defendant's appraiser and inspector full and reasonable access to the marital residence and that the hearing be continued until the inspection and appraisal can be finalized. Respectfully submitted, Dated: 16 U 1 3 BY: ABRAH f'�' ' OZ Y, ESQUIRE Attorney for Pe - dant PA ID #209 :7 1195 Gal .way Lane Harrisburg, PA 17111 VERIFICATION The above-named Plaintiff,Scott Allan Myers,verifies that the statements made in the attached Motion are true and correct.Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904,relating to unsworn falsification to authorities. Date: /0 -3 - 0)-613 Signature: Scott Allan Myers,.s efendant Defendant's Exhibit "1" Outlook Print Message Page 1 of 1 discovery Myers v Myers From: Susan Pickford (attorneypickford @gmail.com) This sender is in your contact list. Sent: Tue 7/16/13 4:14 PM To: Abraham Prozesky Esq (aprozesky @hotmail.com) Attorney Prozesky, I am having technical difficulties with my printer and computer. I will have the response to your discovery to you by Thursday if not sooner. I would like to have a conference with the Master on the issue of Date of Separation. He wants me to ask if you concur with such a conference. Please indicate your position. Thank you Susan K. Pickford, Esq. https://bay 170.mail.live.com/mail/PrintMessages.aspx?cpids=558e006a-ee54-11 e2-ba5b-0... 10/4/2013 Defendant's Exhibit "2" Outlook Print Message Page 1 of 1 RE: discovery Myers v Myers From: Abraham Prozesky Esq (aprozesky @hotmail.com) Sent: Fri 7/19/13 10:34 AM To: Att Susan Pickford (attorneypickford @ gmail.com) Susan, I was at Mr. Elicker's office yesterday afternoon late to enquire about your allegation that Mr. Elicker wanted you to ask me for my concurrence. Mr. Elicker was not in, but his secretary told me that she is not aware of Mr. Elicker asking for a conference. She also told me if he wanted a conference his office would call all concerned parties or he would write a letter. When did you talk to Mr. Elicker about this case?We are not done with discovery and we need time to study and discuss Ms. Myers answer to the 1st set of interrogatories. Ms. Myers' answers might not be complete or there might be a refusal to answer questions. A conference is premature and we object to it. We also object to you approaching Mr. Elicker on an ex parte basis. Discovery needs to be complete before we hold a conference. I am sure that pre trial directives will be given and a conference will be held once discovery is complete. We hope to hear from you soon. Thank you Abraham Date:Tue, 16 Jul 2013 16:14:39-0400 Subject: discovery Myers v Myers From: attorneypickford @gmail.com To: aprozesky @hotmail.com Attorney Prozesky, I am having technical difficulties with my printer and computer. I will have the response to your discovery to you by Thursday if not sooner. I would like to have a conference with the Master on the issue of Date of Separation. He wants me to ask if you concur with such a conference. Please indicate your position. Thank you Susan K. Pickford, Esq. https://bay 170.mail.live.com/mail/PrintMessages.aspx?cpids=46369c07-1080-11 e2-b 118-7... 10/4/2013 Defendant's Exhibit "3" Outlook Print Message Page 1 of 2 Re: discovery Myers v Myers From: Susan Pickford (attorneypickford @gmail.com) You moved this message to its current location. Sent: Fri 7/19/13 12:54 PM To: Abraham Prozesky Esq (aprozesky @hotmail.com) I had called during a week his secretary was out. He called me to tell me she was out and that I needed to ask for your concurrence first. I was directed to then write a letter indicating your position and he would then make a decision. Your discovery requests did not address any issues concerning date of separation which would be the sole issue for the conference. In fact your discovery cover pages inappropriately declared the date of separation to be your clients version. We dispute that issue and it would save everyone wasted time to determine the DOS prior to the hearing on the economic claims. Susan K. Pickford, Esq. 3400 Trindle Road Camp Hill, PA 17011 (717)695-3294 On Fri,Jul 19, 2013 at 10:34 AM, Abraham Prozesky Esq <aprozesky @hotmail.com>wrote: Susan, I was at Mr. Elicker's office yesterday afternoon late to enquire about your allegation that Mr. Elicker wanted you to ask me for my concurrence. Mr. Elicker was not in, but his secretary told me that she is not aware of Mr. Elicker asking for a conference. She also told me if he wanted a conference his office would call all concerned parties or he would write a letter. When did you talk to Mr. Elicker about this case?We are not done with discovery and we need time to study and discuss Ms. Myers answer to the 1st set of interrogatories. Ms. Myers' answers might not be complete or there might be a refusal to answer questions.A conference is premature and we object to it. We also object to you approaching Mr. Elicker on an ex parte basis. Discovery needs to be complete before we hold a conference. I am sure that pre trial directives will be given and a conference will be held once discovery is complete. We hope to hear from you soon. Thank you Abraham Date:Tue, 16 Jul 2013 16:14:39-0400 Subject: discovery Myers v Myers https://bay 170.mail.live.com/mail/PrintMessages.aspx?cpids=d74fe36d-f093-11 e2-85bb-0... 10/4/2013 Defendant's Exhibit "4" Outlook Print Message Page 1 of 1 RE: From: Abraham Prozesky Esq (aprozesky @hotmail.com) Sent: Mon 7/22/13 2:57 PM To: Traci Colyer(tcolyer @ccpa.net) It appears that Ms. Pickford has spoken with Mr. Elicker without the Defendant being present and without his consent (Ms. Pickford confirms this in an email to me). It also appears that Mr. Elicker is making decisions without affording the Defendant an opportunity to present his side of the matter (see your email hereunder). I was given the assurance on Thursday,July 18 that the normal procedure is that discovery needs to be finalized before pre trial directives will be issued and a conference will take place. Now all of a sudden after Ms. Pickford makes a pitch,the procedure is changed. My client has a different version as to the events than what Ms. Pickford's client is portraying. My client spent in excess of$30,000.00 on materials on the marital residence alone and the Plaintiff is not willing to give him back one cent. Please do not accept everything that Ms. Pickford is offering on behalf of her client as the truth.There should be compelling reasons not to follow the normal procedure. Discovery is not complete and the Defendant will be prejudiced if an evidentiary hearing is held before discovery is finalized. I do not believe in piece meal litigation and an evidentiary hearing before discovery is complete will result in the Defendant being ambushed and sandbagged and truly hampered in proving his facts. I also do not believe in litigating a case by email or letter and this is turning into such a case. We object to this treatment and will formally voice an objection in a letter addressed to Mr. Elicker in the next few days. Thank you Abraham Prozesky, Esq. From:tcolyer @ccpa.net To: aprozesky @hotmail.com Subject: Date: Mon, 22 Jul 2013 15:33:26+0000 Myers vs. Myers... After looking at this file, Mr. Elicker is going to schedule a hearing on date of separation. Would you be available October 17 @ 9:00 a.m.for a hearing. Thank you^ traci The information in this message may be privileged and confidential and protected from disclosure. If the reader of this message is neither the intended recipient, nor an employee or agent responsible for delivering this message to the intended recipient,then you are hereby notified that any dissemination, distribution, unauthorized use, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to this message and deleting it from your computer.Thank you, Cumberland County, PA. https://bay 170.mail.live.com/mail/PrintMessages.aspx?cpids=85ab7c0e-f300-11 e2-9eca-7... 10/4/2013 SANDRA SLOAN MYERS : IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION—LAW SCOTT ALLAN MYERS : NO. 2009—7820 Defendant : IN DIVORCE AFFIDAVIT & PROOF OF SERVICE rn c ;y I hereby certify that I am this 8`"day of October, 2013 serving the following doen r- • A. Defendant's Motion to Expand Scope of Testimony& Continua=c - y c. B. Defendant's Exhibits 1 —4 &Verification C. Proposed order upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pa. R.C.P.: 1. Susan K. Pickford, Esquire,Attorney for Plaintiff, 3400 Trindle Road, Camp Hill, Pennsylvania, 17011 by: a. U.S. First Class Mail, postage pre-paid at the foregoing address b. Email at address attorneypickford @gmail.com c. Fax at 717-695-3592 2. E. Robert Elicker, Esquire, Master, 9 N. Hanover St., Carlisle, PA 17013. a. by Hand b. Email at address: belicker @ccpa.net 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, rel. g to unsworn falsification to authorities. Respectfu ',�. • • e., Date: I �f 2 /� Abrah. ' ' , Esquire Atto -y : aintiff PAID # 19787 1195 all* : Lane Harrisburg, PA 17111 Tel: (717) 982-1532 SANDRA SLOAN MYERS : IN THE COURT OF COMMON PLEA,SS, . CUMBERLAND COUNTY, PENT YWANIA Plaintiff v rm cu v. : CIVIL ACTION—LAW r , _. cn r SCOTT ALLAN MYERS : NO. 2009—7820 Asap Defendant : IN DIVORCE . Nj DEFENDANT'S SUPPLEMENTAL RESPONSE =s ^! i'.5 - _ Defendant, Scott Allan Myers, having filed a Motion to Expand the Scope of Testimony and Continuance, are in possession of new information and would like to supplement the Motion filed on October 8,2013, and in support thereof, avers as follows: 1. Undersigned counsel received an email message from the Master's Office today, October 9,2013 at 9:16 a.m. 2. In the message it is stated the Master is cancelling the hearing and that a conference will take place on October 17, 2013 at 9:00 a.m. at his office. A true and correct copy of the email message is attached as Defendant's Exhibit"5". 3. In light of the above determination the Defendant avers that the matter has become moot and therefore requests that the Motion be withdrawn without prejudice. WHEREFORE, Defendant respectfully requests this Honorable Court to enter an Order to cancel the hearing and schedule a conference at the Master's Office on October 17,2013 at 9:00 a.m. Respectfully submitted, /0 9 /20)3 Dated: BY: ABRA ' ' •OZESKY, ESQUIRE Attorne or Defendant PA . #209787 1 95 Galloway Lane Harrisburg,PA 17111 Defendant's Exhibit "5" Outlook Print Message Page 1 of 1 Myers vs. Myers — date of separation hearing From: Colyer, Traci(tcolyer @ccpa.net) This sender is in your contact list. Sent: Wed 10/09/13 9:16 AM To: attorneypickford @gmail.com (attorneypickford @gmail.com); 'Abraham Prozesky Esq' (aprozesky @hotmail.com) Counsel^' On Tuesday, October 8, 2013, Mr. Prozesky hand-delivered to our office a motion to expand the scope of testimony and a continuance for the upcoming hearing on October 17,2013. After review, Mr. Elicker is cancelling the hearing on the 17th in light of the fact that the inspector/evaluator has not had an opportunity to inspect the home;that wife is ill; and that husband will have to travel from South Carolina . However, he is directing that counsel appear for a conference on the 17th of October at 9:00 a.m. If you have any questions or concerns, please contact our office. Thank you^' Traci The information in this message may be privileged and confidential and protected from disclosure. If the reader of this message is neither the intended recipient, nor an employee or agent responsible for delivering this message to the intended recipient,then you are hereby notified that any dissemination, distribution, unauthorized use, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to this message and deleting it from your computer.Thank you, Cumberland County, PA. https://bay 170.mail.live.com/mail/PrintMessages.aspx?cpids=08ccf31 e-30e5-11 e3-9546-0... 10/9/2013 SANDRA SLOAN MYERS : IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW SCOTT ALLAN MYERS : NO. 2009-7820 Defendant : IN DIVORCE PRAECIPE TO SUBSTITUTE VERIFICATION To the Prothonotary: Kindly substitute the enclosed original verification page executed by Scott Allan Myers, Defendant dated October 3, 2013 for the copy of the verification page attached to Defendant's Motion to Expand the Scope of Testimony and Continuance filed October 8, 2013. Respectfully submitted, Date: a - r Abrah. Pr squirt Attorney f• 'laintiff r -o r-) PA ID • 09787 s c 1195 1 alloway Lane Harrisburg, PA 17111 ----� Tel: (717) 982-1532 VERIFICATION The above-named Plaintiff, Scott Allan Myers,verifies that the statements made in the attached Motion are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904,relating to unsworn falsification to authorities. Date: 3 Signature: Scott Allan Myers,De +.,t SANDRA SLOAN MYERS : IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION LAW SCOTT ALLAN MYERS : NO. 2009—7820 Defendant : IN DIVORCE AFFIDAVIT & PROOF OF SERVICE I hereby certify that I am this 8th day of October, 2013 serving the following documents: A. Defendant's Supplemental Response B. Defendant's Exhibit 5 , '� --1 f en C. Proposed order j ' ' '^. upon the person(s) and in the manner indicated below, which service satisfies the r en nits of the Pa. R.C.P.: 1. Susan K. Pickford, Esquire,Attorney for Plaintiff, 3400 Trindle Road, Camp Hill, Pennsylvania, 17011 by: a. U.S. First Class Mail, postage pre-paid at the foregoing address b. Email at address attorneypickford @gmail.com c. Fax at 717-695-3592 2. E. Robert Elicker, Esquire, Master, 9 N. Hanover St., Carlisle, PA 17013. a. by Hand b. Email at address: belicker @ccpa.net 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. Respectfull,, < i e. Date: ( t f /,-o)3 l Abrah. ' r oz-; y, Esquire Attorney 'laintiff PA ID # 09787 1195 Ga loway Lane Harrisburg, PA 17111 Tel: (717) 982-1532 SANDRA SLOAN MYERS :IN THE COURT OF COMMON PLEAS OF:-- PLAINTIFF, :CUMBERLAND COUNTY,PENNSYLVA4% m e n c r-1 :NO. 2009 CV 7820 CIVIL TERM "{ V. :DIVORCE <c22' ,. • SCOTT ALLAN MYERS, c ,=- DEFENDANT. • PLAIN IMF'S ANSWER TO MOTION TO EXPAND SCOPE OF 'TESTIMONY&CONTINUANCE Petitioner,through her attorney, Susan K. Pickford,Esquire files the following in Answer and represents as follows: 1. Admitted 2. Admitted. By way of further answer, a). the date of marriage was June 15,2009. b) compliant in divorce was filed November 2009, 5 months later. c) on February 5, 2010,Defendant filed a petition for counseling. d) on February 19,2010,Plaintiff filed an Answer and Objection to that request. Defendant never pursued the order for counseling. e) on February 23,2010,Plaintiff filed a Notice to Resume Prior Surname. f) In November of 2011,when asked to sign the final divorce papers after the 2 years had passed,Defendant filed an Answer and Counterclaim for Equitable Distribution and alleged a date of separation of June 2011. g) three months later,Plaintiff filed her first set of interrogatories. h) one year and four months later,Defendant filed his first set of interrogatories. 3. Admitted. Defendant waited 2 years after filing his Answer to the Complaint and 4 years after the complaint was filed to file his first set of interrogatories. 4. Admitted 5. Admitted in part and Denied in part. There was no direct or ex-parte communication with Master. Counsel for Plaintiff left a message for the Master's secretary asking for a conference. The secretary was on vacation and the Master left a message on counsel's answering machine simply instructing her to send a letter and indicate whether or not opposing counsel concurred. This was all explained to opposing counsel. This allegation is nothing more than attempted mud slinging. 6. Admitted. Counsel did not indicate that she spoke directly to the master. 7. Admitted 8. Admitted 9. Admitted 10. Admitted and Denied. It is admitted that the 2 issues are divorce and equitable distribution. The remainder of the allegation is denied. 11. Denied. The issue of date of separation is extremely relevant to the issue of equitable distribution. The house is Plaintiff's separate property. The marriage lasted only five months. All of the work on the house was done prior to the marriage and mostly on a contract basis. If Defendant believes that the date of separation is not relevant,than we can assume that it is 5 months from the date of marriage and Defendant would not be entitled to equitable distribution of a separate asset. Defendant is raising issues sounding in contract and unjust enrichment that are issues to be litigated in civil court under a complaint in contract rather than trying to bootstrap it to an equitable distribution claim involving a five minute marriage. The marriage lasted 5 months and the divorce is taking 4 years. 12. Admitted and denied. It is admitted that Defendant has given a figure of costs to Plaintiff. It is denied that Defendant paid them. Again,this is a contract dispute if his issue is that he was not compensated for work he performed on her house. The work was not performed during the marriage,the house is separate property. 13. Denied. Plaintiff did not have the house inspected. She had contractors come to the house to give estimates and do work to correct the poor workmanship by Defendant that has caused considerable damage to the house. 14. Denied. Defendant had 4 years to have an inspector look at the house. The first request for such an inspection occurred in 2013 and after repairs had been made to Defendant's poor workmanship. Plaintiff has taken and shared pictures of the poor work and damage to Plaintiff's home with Defendant in discovery. 15. Denied. Plaintiff has not been given sufficient notice of the proposed appraisal. Plaintiff also indicated to Defense counsel that the issue of date of separation will likely make the value of the home moot. 16. Denied. Defendant's first request for appraisal was last month. 17. Requires no response. 18. Requires no response other than it has been Defendant that has dragged this case out for 4 years with delays and frivolous filings. 19. Requires no response. However,Plaintiff is not prepared to litigate the divorce next week when the understanding and order expressly limited the scope to the date of separation. Plaintiff does not concur with a continuance that will further delay this case. 20. Requires no response. Should the result of the hearing on the issue of date of separation require thereafter an appraisal to be completed,Plaintiff will comply. 21. Requires no response. To the contrary, it is Plaintiff who has been prejudiced by the constant delays initiated by Defendant for the past 4 years. 22. Requires no response. 23. Admitted and Denied. Counsel for Plaintiff was out of state during the week of September 30 and was not able to address the email until October 7th. With regard to the filing of this Motion, Counsel for Plaintiff received it by email at 3:05 pm on the 8th of October. The Motion is time stamped 3:15 pm. Hardly time to read it let alone give a response. 24. No averment is made to which a response is required. However,Plaintiff reasserts the above responses. The issue of valuation is not within the scope of this hearing. Plaintiff sees this is another in a long line of delay tactics. This hearing was set in July for mid October. Defendant waited until September 30 to seek an appraisal that has nothing to do with the scope of this hearing and is trying to use that issue to again delay this case. WHEREFORE, Petitioner respectfully requests that the hearing proceed as scheduled with the scope limited as set by the Master and Ordered by the Court. Respec i i1ubmitted, Susan K. Pickfor , '✓.q. Attorney for Petitioner 3400 Trindle Road Camp Hill,PA 17011 (717)695-3294 ID# 43093 SANDRA SLOAN MYERS IN THE COURT OF COMMON PLEAS OF PLA1N'IIFF, •CUMBERLAND COUNTY,PENNSYLVANIA •NO. 2009 CV 7820 CIVIL TERM V. :DIVORCE SCOTT ALLAN MYERS, DEFENDANT. • CER11FICATE OF SERVICE I HEREBY CERI'II''Y that a true and correct copy of Plaintiff's Answer to Motion to Expand Scope of Testimony and Continuance in the above captioned case was served upon the person, at the location and in the manner indicated below. Abraham Prozesky,Esq 1195 Galloway Lane Harrisburg, PA 17111 (regular mail and fax) /..tic......arr (17 Date: October 9, 2013 :usan K. Pickfor. sq. ID# 43093 3400 Trindle Road Camp Hill,PA 17011 (717)695-3294 SANDRA SLOAN MYERS : IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENN§YLUkNIA v. : CIVIL ACTION—LAW SCOTT ALLAN MYERS : NO. 2009—7820 r.1 Defendant : IN DIVORCE G - �.; ,1 C1 rc % ? r :S ORDER i7 L.) AND NOW, this//Tidy of October, 2013, it is ordered and directed as follows: 1. The hearing to take testimony on the outstanding issues in the above captioned 'I to divorce proceedings is continued until -- ,�. I *" r --e e Di :r e vas er,:e • `_ - , • r• • • -W 1c p ace ant time t e parties wi se given an IMOv t SA•GQ • 2. _ . . 3. The Plaintiff is hereby ordered to allow the Defendant's inspector and evaluator on the marital property. BY THE COURT: Distribution: ---'Susan K. Pickford, Esquire,Attorney for Plaintiff, 3400 Trindle Road, Camp Hill, PA 17011 ..._.-Abraham Prozesky, Esquire,Attorney for Defendant, 1195 Galloway Lane, Harrisburg, PA 17111 E. Robert Elicker, Esquire, Divorce Master, 9 North Hanover Street, Carlisle, PA 17013 ' j;_s L JO 03 1 SANDRA SLOAN MYERS : IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA c E1 v. : CIVIL ACTION-LAW -0 _ 1-,-1 c, i t r:.'� SCOTT ALLAN MYERS : NO. 2009- 7820 - V r Defendant IN DIVORCE -< ' -- X--''C-; ORDER .=c= _(. y., AND NOW, this (O day of October, 2013, it is ordered and directed as follows: 1. The hearing to take testimony on the outstanding issues in the above captioned divorce proceedings scheduled for October 17, 2013 at 9:00 a.m. is cancelled. 2. A conference is scheduled for October 17, 2013 at 9:00 a.m., at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania. BY THE COURT: 4111!! Distribution: Susan K. Pickford, Esquire,Attorney for Plaintiff, 3400 Trindle Road, Camp Hill, PA 17011 Abraham Prozesky, Esquire,Attorney for Defendant, 1195 Galloway Lane, Harrisburg, PA 17111 (� E. Robert Elicker, Esquire, Divorce Master, 9 North Hanover Street, Carlisle, PA 17013 -P t tJ"C?iv_ ,es L iespfil3 ilti SANDRA SLOAN MYERS :IN THE COURT OF COMMON PLEAS OF PLAINTIFF, :CUMBERLAND COUNTY,PENNSYLVANIA :NO. 2009 CV 7820 CIVIL TERM ' V. rn W:ti : DIVORCE z '°" i- SCOTT ALLAN MYERS, CO CD DEFENDANT. PETITION TO BIFURCATE -`-� - PURSUANT TO Pa.R.C.P. 1920.16 Petitioner,through her attorney, Susan K. Pickford,Esquire respectfully requests this Honorable Court to sever the action for divorce from all other related claims, including but not limited to property distribution, attorney fees and other related issues and in support thereof represents as follows: 1. Petitioner is Sandra Sloan Myers, Plaintiff in the above captioned divorce action. 2. Respondent is Scott Allan Myers, Defendant in the above captioned divorce action. 3. Petitioner and Respondent were married on June 15, 2009 in Lancaster County, Pennsylvania. 4. No children were born to the marriage. 5. On November 12, 2009, five months after the marriage,Petitioner commenced a divorce action by filing a complaint in Divorce at the above docket making no economic claims upon defendant. 6. Two years later, November 10, 2011, upon Petitioner giving notice of intent to finalize divorce,Defendant filed an Answer to the Complaint including New Matter seeking equitable distribution. 7. Petitioner herein avers that the parties have lived separately since November 12, 2009 and that the marriage is irretrievably broken. 8. In February 2010,Plaintiff legally changed her name to reflect her maiden name. 9. The economic interests of each party will be preserved and therefore,neither party will be disadvantaged by severance and the granting of the divorce decree. 10. Neither party suffers a life threatening illness and there is little likelihood of a shortened lifespan. 11. Neither party's property rights would be affected in any way by a bifurcation of the divorce from the pending economic claims. 12. Respondent moved to South Carolina over a year ago. 13. Even assuming arguendo that the date of separation set forth by the Respondent is accurate,more than two years have passed since November 2011. 14. Petitioner believes and therefore avers that Respondent has delayed settlement of this divorce for purposes of harassment and to force a settlement of property to which he is not entitled. The marriage lasted five months. The divorce has been filed and delayed for four years. Respondent continues to refuse to sign the consent documents to finalize the divorce without financial demands being met. He is holding petitioner's freedom hostage in an effort to control and harass her into a settlement. 15. Petitioner has notified opposing counsel of her intent to file this motion by faxing and emailing same to him. Counsel does not concur. 16. There is no legitimate purpose in maintaining the marital status. Petitioner desires to be free from the bonds of matrimony. Respondent has no contact with Petitioner. There is no interest on either side of reconciliation. WHEREFORE,Petitioner respectfully requests that the Court severe the divorce action from the remaining issues in the above captioned cause and enter a decree in divorce reserving jurisdiction on the economic claims raised by the parties. Respectfully submitted, 'f January 25, 2014 usan K. Pi ord, ► ,. Attorney for Petit.ner 3400 Trindle Road Camp Hill,PA 17011 (717)695-3294 1D# 43093 CERTIFICATE OF SERVICE I, Susan K. Pickford,Esq. hereby certify that a true and correct copy of the attached Petition was served on the persons and at the location and in the manner indicated below. Abraham Prozesky,Esq. 1195 Galloway Lane Harrisburg PA 17111 (FAX and regular mail) Date: January 26, 2014 Submitted, z2Z//e.. / - Susan K. Pic ord, .+:e. 3400 Trindle Road Camp Hill, PA 17011 Lt tJ ltd F1 . . ': r THE PIROTHONO TA i PICKFORD LAW OFFICE Susan K.Pickford,Esq. 2014 JAN 2`8 PM I: 45 3400 Trindle Road Camp Hill,PA 17011 CUMBERLAND COUNTY 717-695-3294 PENNSYLVANIA Attorney for Plaintiff SANDRA SLOAN MYERS :IN THE COURT OF COMMON PLEAS OF PLAINTIFF, :CUMBERLAND COUNTY,PENNSYLVANIA :NO. 2009 CV 7820 CIVIL TERM V. : DIVORCE SCOTT ALLAN MYERS, • DEFENDANT. MOTION FOR EXPEDITED EVIDENTIARY HEARING ON QUESTION OF MARITAL PROPERTY NOW COMES Plaintiff, by and through her attorney Susan K. Pickford, Esq. and moves the court to hold an expedited evidentiary hearing on an issue of marital property and sets for the following in support thereof: 1. Plaintiff and Defendant in the above captioned matter were married on June 15, 2009 in Lancaster County,Pennsylvania. 2. Five months later, on November 12, 2009,Plaintiff commenced a divorce action by filing a complaint in Divorce at the above docket making no economic claims upon defendant. 3. Defendant moved out of the house on November 12, 2009. 4. Two years later,November 10, 2011, upon Plaintiff giving notice of intent to finalize divorce,Defendant filed an Answer to the Complaint including New Matter seeking equitable distribution. 5. The home in which the couple lived together for five months is the separate property of Plaintiff. It was built by Plaintiff and her first husband. Defendant is not on the deed or mortgage. 6. Prior to the marriage Defendant put an addition onto the house in the nature of a master bedroom suite. 7. Appraisal and Final inspection occurred on April 7 and 10, 2009,two months prior to the wedding. 8. Defendant claims, and Plaintiff disputes,that a contract existed between the parties wherein he would build the addition and Plaintiff would put him on the deed. 9. Plaintiff claims, and will provide witnesses,that the addition was a gift with no strings attached. Furthermore,Plaintiff alleges that any benefit from the addition is offset by the failure to complete the work and poor workmanship that resulted in damage to the property and the necessity of hiring contractors to fix the inadequacies and damage at great expense to Plaintiff. 10. There is no written contract. As this alleged contract involves real estate and an amount over$500, it is required by law to be in writing to be enforceable. 11. Resolution of this issue by the court is critical to the parties' ability to proceed further with the Master's hearing regarding the divorce claims. 12. Plaintiffs counsel has notified opposing counsel of her intent to file this motion by faxing and emailing a copy. Counsel does not object to the hearing being scheduled. WHEREFORE,Plaintiff respectfully asks this Honorable Court to set an expedited hearing on the sole issue of the house as to whether or not there was a contract and whether it is marital property for the purposes of equitable distribution. Respect ," y submi • Aor :usan K. Pi erd,E •. #4 093 3400 Trindle oaf Camp Hill,PA 17011 (717)695-3294 (p) (717)695- 3592 (f) CERTIFICATE OF SERVICE I, Susan K. Pickford,Esq. hereby certify that a true and correct copy of the attached Petition was served on the persons and at the location and in the manner indicated below. Abraham Prozesky,Esq. 1195 Galloway Lane Harrisburg PA 17111 (FAX and regular mail) Date: January 27, 2014 Submitted,' �/ Susan K. Pickfc ,Es.. 3400 Trindle Road Camp Hill,PA 17011 SANDRA SLOAN MYERS :IN THE COURT OF COMMON PLEAS OF PLAINTIFF, :CUMBERLAND COUNTY,PENNSYLVANIA :NO. 2009 CV 7820 CIVIL TERM V. DIVORCE SCOTT ALLAN MYERS,- DEFENDANT. ORDER AND NOW this 3 day of � , 2014, on the matter of Plaintiff's Motion for Expedited Hearing on the issue of legal status of the real estate involved, an evidentiary hearing will be held on �0 2014 at 7* # o'clock 4.M. in Courtroom -.13 of the Cumberland County Courthouse. All parties must be present. BY THE C DISTRIBUTION Abraham Prozesky,Esq. 1195 Galloway Lane m i° Harrisburg, PA 17111 C CD Susan K. Piekford,Esq. <C3 3400 Trindle Road ; Camp Hill,PA 17011 �. tn Cn 3 SANDRA SLOAN MYERS :IN THE COURT OF COMMON PLEAS OF PLAINTIFF, :CUMBERLAND COUNTY,PENNSYLVANIA :NO. 2009 CV 7820 CIVIL TERM V. : DIVORCE SCOTT ALLAN MYERS, DEFENDANT. ORDER AND NOW, this 11th day of FEBRUARY, 2014, a hearing on Plaintiff's Petition for Bifurcation is scheduled for FRIDAY, MARCH 7, 2014, at 9:30 a.m. in Courtroom # 3. BY T URT J. DISTRIBUTION: Susan K. Pickford, Esq. 3400 Trindle Road Cam Hill, PA 17011 Abraham Prozesky, Esq. ` 1195 Galloway Lane Y --n r -11 =M M Harrisburg PA 17111 cn'm (26 1,f'S IyLl1 lut CD �f 0 SANDRA SLOAN MYERS : IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION— LAW SCOTT ALLAN MYERS : NO. 2009—7820 Defendant : IN DIVORCE m :% f ) c PRIOR JUDGE: THE HONORABLE EDWARD E. GUIDO "p MOTION FOR CONTINUANCE c) c AND NOW comes the Defendant, Scott Allan Myers, by and through his attorneybrhan Prozesky, and respectfully moves this Court for an Order to continue the hearing and, in support thereof, avers as follows: 1. On February 11, 2014 the Honorable Edward E. Guido entered an order scheduling a hearing on the issue of bifurcation for Friday, March 7, 2014 at 9:30 a.m. 2. On February 3, 2014 the Honorable Edward E. Guido entered an order scheduling an evidentiary hearing on the issue of legal status of the real estate involved for Monday, March 10, 2014 at 9:30 a.m. 3. Undersigned counsel has a pre-paid vacation scheduled from March 7, 2014 to March 24, 2014. The vacation was planned and paid for long before notice of the hearings was received. Undersigned counsel is scheduled to leave the USA on an international flight on March 8, 2014 and will be flying back on March 23, 2014. 4. Defendant is living in South Carolina and it is expensive and time consuming to have to travel to Carlisle, PA. Defendant is also a single parent of two minor children who will be inconvenienced by his absence and would like to restrict his absence from home to a minimum. 5. Defendant respectfully avers that the same witnesses and counsel will be involved in both hearings. 6. Defendant therefore respectfully requests that a hearing on both the matters be scheduled on the same day and if possible on a Friday or Monday. 7. Plaintiff is being represented by Ms. Susan K. Pickford. A request to consent to a continuance was unsuccessfully made to Ms. Pickford on February 18, 2014. Ms. Pickford's concurrence to this motion was also sought by emailing and faxing a copy of this motion on February 19, 2014. Concurrence was not given. WHEREFORE, Defendant respectfully requests this Honorable Court, to enter an Order to continue the hearing on both issues of bifurcation and legal status of real estate involved. Respectfully submitted, Dated: 2.) 26/20114 BY: jf ABRAH, ' •0 SKY, ESQUIRE Attorney for I:.endant PA ID #2097.7 1195 Galloway Lane Harrisburg, PA 17111 0 SANDRA SLOAN MYERS : IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION— LAW SCOTT ALLAN MYERS : NO. 2009—7820 Defendant : IN DIVORCE AFFIDAVIT & PROOF OF SERVICE I hereby certify that I am this 21st day of February, 2013 serving the following dilet s: _;. .. A. Defendant's Motion for Continuance and Verification ter', <C) -v =` - B. Proposed order =c.) C. N/A -fF upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pa. R.C.P.: 1. Susan K. Pickford, Esquire,Attorney for Plaintiff, 3400 Trindle Road, Camp Hill, Pennsylvania, 17011 by: a. U.S. First Class Mail, postage pre-paid at the foregoing address b. Email at address attorneypickford @gmail.corn c. Fax at 717-695-3592 2. N/A 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. Respectfully •'ted, // Date: 2 /2 , /2 01 4 Abraha• P() "Si, Esquire Attorn•y c Plaintiff PA ID - 209787 119, Galloway Lane H-,rrisburg, PA 17111 T- . (717) 982-1532 SANDRA SLOAN MYERS : IN THE COURT OF COMMON PLEAS, v. SCOTT ALLAN MYERS Plaintiff Defendant . CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW : NO. 2009 — 7820 : IN DIVORCE ORDER cnr- C./ =C) AND NOW, thi s ay of February, 2014, it is ordered and directed as follows: Ti co Fi co ssp The hearing on Plaintiff's Petition for Bifurcation and the hearing on Plaintiff's Motion for Expedited Hea "ng on the issue of legal status of the real estate is continued until I/ 1` - - =o� /`� £2/ (.c24d�.)/) at /.49 0 ahA. /p.m., in Courtroom 3 of the Cumberland County C rthouse. All parties must be present. BY THE COURT: Edward E. Guido, Judge Distribution: S K. Pickford, Esquire, Attorney for Plaintiff, 3400 Trindle Road, Camp Hill, PA 17011 6,95-J.295/- braham Prozesky, Esquire, Attorney for Defendant, 1195 Galloway Lane, Harrisburg, PA 17111 Copies 11211.4.d 313 /iy .�r✓1 SANDRA SLOAN MYERS : IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION — LAW SCOTT ALLAN MYERS : NO. 2009 — 7820 Defendant : IN DIVORCE ••<' (.17, >CD MOTION FOR MODIFICATION OF THE DATE OF CONTINUANCE fj AND NOW comes the Defendant, Scott Allan Myers, by and through his attorney Abraham Prozesky, and respectfully moves this Court for an Order to change the date of the continuance of the hearing and, in support thereof, avers as follows: 1. On February 25, 2014 the Honorable Edward E. Guido entered an order to continue the hearing on the issues of bifurcation and legal status of the real estate involved for Friday, May 2, 2014 at 1:00 p.m. 2. Undersigned counsel's wife's birthday is on April 30, 2014 and is celebrated each year by renting a vacation home in South Carolina. The home has already been rented and paid for from April 26, 2014 to May 3, 2014. 3 Undersigned counsel is available on the following dates: Monday March 31, Friday April 4, Monday April 7, Friday April 11, Monday April 14, Friday April 18, Monday April 21, Friday May 9, Monday May 12, Friday May 16, Monday May 19, Friday May 23, Friday June 6, Monday June 9, Friday June 13, Monday June 16, Friday June 20, Monday June 23, Friday June 27, Monday June 30. 4. Plaintiff is being represented by Ms. Susan K. Pickford. A request to consent to a continuance was unsuccessfully made to Ms. Pickford on March 6, 2014. Ms. Pickford's responded with "file your motion and let the judge decide. 1 am not agreeing or objecting". PRIOR JUDGE: THE HONORABLE EDWARD E. GUIDO WHEREFORE, Defendant respectfully requests this Honorable Court, to enter an Order to modify the date of the continuance. Dated: 3/ 4/ 201 Li BY: Respectfully submitted, li / AB RAH , irMESKY, ESQUIRE Attorney o ii efendant PAID# 49787 1195 G. oway Lane Harrisburg, PA 17111 SANDRA SLOAN MYERS : IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW SCOTT ALLAN MYERS : NO. 2009-7820 Defendant : IN DIVORCE AFFIDAVIT & PROOF OF SERVICE I hereby certify that I am this 7 tN day of March, 2014 serving the following.,g. un ts:-- Cam@ A. Defendant's Motion for Modification of the Continuance cn -cam B. Proposed order p c--' C. N/A upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pa. R.C.P.: 1. Susan K. Pickford, Esquire,Attorney for Plaintiff, 3400 Trindle Road, Camp Hill, Pennsylvania, 17011 by: a. U.S. First Class Mail, postage pre-paid at the foregoing address b. Email at address attorneypickford @gmail.com c. Fax at 717-695-3592 2. N/A 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. Respectfully submitted, Date: 3 l `7 1 / v nifer R e ertified Legal Intern) for • graham P uzesky, Esquire Attorney for Plaintiff PA ID # 209787 1195 Galloway Lane Harrisburg, PA 17111 Tel: (717) 982-1532 SANDRA SLOAN MYERS : IN THE COURT OF COMMON PLEAS, v. SCOTT ALLAN MYERS AND NOW, this Plaintiff Defendant 4A1 . CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW : NO. 2009— 7820 : IN DIVORCE ORDER day of March, 2014, it is ordered and directed as follows: The date of the Continuance of the Hearing on Plaintiff's Petition for Bifurcation and the hearing on Plaintiff's Motion for Expedited Hearing on the issue of legal status of the real estate is changed to «0 ?or v �' Courtroom 3 of th Cumberland C my Courthouse. Ali parties must be present. Distribution: BY THE COURT: ' ✓ei®In • Edward E. Guido, Judge ,Xan K. Pickford, Esquire, Attorney for Plaintiff, 3400 Trindle Road, Camp Hill, PA 17011 Abraham Prozesky, Esquire, Attorney for Defendant, 1195 Galloway Lane, Harrisburg, PA 17111 trzb_iLcat 3/2.11/y SANDRA SLOAN MYERS V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA SCOTT ALLAN •MYERS NO.2009 CV 7820 DIVORCE DECREE AND NOW, � %( , ?O I'V , it is ordered and decreed that SANDRA SLOAN MYERS , plaintiff, and SCOTT ALLAN 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.") Economic claims have been bifurcated for resolution. Attest: J. V D �v£et) Pr honotary SANDRA SLOAN MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 09-7820 CIVIL TERM SCOTT ALLAN MYERS, Defendant CIVIL ACTION IN DIVORCE ORDER OF COURT AND NOW, this 16th day of June, 2014, after hearing, we find the Plaintiff and her witnesses to be the more credible. It is ordered that the marital portion of 5 Mountain Drive, Mechanicsburg, is the increase in value after June 15, 2009, the date marriage, to the date of separation. The divorce action is bifurcated from the pending ancillary economic claims. By the Court, Edward E. Guido, J. Susan K. Pickford, Esquire Attorney for Plaintiff • raham Prozesky, Esquire Attorney for Defendant E. Robert Elicker, Esquire .. ^� 6c.EL �,J ? t Divorce Master f srs ' r Cop WJT/1 q -111 SANDRA SLOAN MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 09-7820 CIVIL TERM SCOTT ALLAN MYERS, • Defendant CIVIL ACTION IN DIVORCE ORDER OF COURT AND NOW, this 16th day of June, 2014 , after hearing, we find the Plaintiff and her witnesses to be the more credible . It is ordered that the marital portion of 5 Mountain Drive, Mechanicsburg, is the increase in value after June 15, 2009, the date marriage, to the date of separation. The divorce action is bifurcated from the pending ancillary economic claims . By the Court, Edward E . Guido, J. Susan K. Pickford, Esquire Attorney for Plaintiff ,Abraham Prozesky, Esquire Attorney for Defendant E . Robert Elicker, Esquire ) -Oa h ' ^ Divorce Masterid d srs CCII 'CT rna; m r- < ry