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Home My WebLink About10-0733REBECCA A. MYERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 10 - 133 0 PAUL L. MYERS, JR., CIVIL ACTION - LAW Defendant IN DIVORCE C y? - - a NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the 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, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAIL ASSOCIATION 32 SOUTH BEDFORD CARLISLE, PA 17013 (717) 249-3166 OR (800)990-9108 4'-70 • So PA ATM dell (so( a* a,% q90 3 ?s ABOM & - KUTLILAKIS Michelle L. Sommer, Esquire Attomey I.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 REBECCA A. MYERS, Plaintiff V. PAUL L. MYERS, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. Ib CIVIL ACTION - LAW IN DIVORCE 1. Plaintiff is Rebecca A. Myers, who currently resides at 154 Kerrs Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Paul L. Myers, Jr., who currently resides at 25 Hilltop Lane, Newville, 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 March 21, 1987, in Carlisle, Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. Paragraphs one (1) through four (4) of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, §§ 3301(a), (c) and 3301 A, in that: a. The Defendant committed cruel and barbarous treatment so as to endanger the life or health of the injured and innocent spouse. b. The Defendant offered such indignities to the innocent and injured spouse as to render that spouse's condition intolerable and life burdensome. c. The marriage is irretrievably broken. d. Plaintiff and Defendant have lived separate and apart since December 22, 2009, and continue to do so. 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. The Plaintiff in this action is not a member of the Armed forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs one (1) through nine (9) of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from March 21, 1987, until December 22, 2009, the date of their separation, which property is "marital property". 12. Plaintiff and Defendant may have owned, prior to marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property" 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, the Plaintiff requests this Honorable Court to equitably divide all marital property. COUNT III ALIMONY PENDENTE LITE AND ALIMONY 14. Paragraphs one (1) through thirteen (13) of this Complaint are incorporated herein by reference as though set forth in full. 15. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 16. Plaintiff requires reasonable support to maintain herself adequately in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite until final hearing and thereafter to enter an award for alimony. COUNT IV - COUNSEL FEES AND COSTS 17. Paragraphs one (1) through sixteen (16) of this Complaint are incorporated herein by reference as though set forth in full. 18. Plaintiff has retained the law offices of ABOM & KUTULAKiS, L.L.P., but is unable to pay the necessary and reasonable attorney's fees for said counsel. 19. Plaintiff may need to hire experts to appraise the marital property but she lacks funds to pay the necessary and reasonable fees. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate, and at final hearing to award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully submitted, DATE ABom & KUTULAKv3 L.L.P. Michelle L. Sommer, Esquire Attorney ID No. 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for the Plainto I, REBECCA A. MYERS, verify that the statements made in this Divorce Complaint 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,- REBECCA A. MYERS . 1 AND NOW, this 29th day of January, 2010, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, Certified Mail and First-Class Mail, postage prepaid addressed to the following: Paul L. Myers, Jr. 25 Hilltop Lane Newville, Pennsylvania 17241 Respectfully submitted, 4 Abom & Kutulakis, L.L.P. t Michelle L. Sommer, Esquire Supreme Court ID 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff OM ~' LILAKIS Michelle L. ! mer, Esquire Attorney I.D. #: 93034 2 West High Street Cazlisle, PA 17013 (717)249-0900 REBECCA A. MYERS, Plaintiff v. PAUL L. MYERS, JR., Defendant C O ~~j ~ ~~~ ~ ~ iZ1 ~ ~.•~.~ ~~ ~ ~ . ~~: ~ i t ~~` W ~~ .as±' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 10-733 CNIL ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Michelle L. Sommer, Esquire, hereby certify that I did serve a true and correct copy of the Complaint under Sections 3301 (a), (c) and (d) of the Divorce Code, upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, certified, restricted delivery, postage prepaid, on Paul L. Myers, Jr., of Newville, Pennsylvania, addressed as follows: Paul L Myers, Jr. 25 Hilltop Lane Nevwille, PA 17241 Return card acknowledging receipt on February 3, 2010, is attached as Exhibit "A". Date: February 5, 2010 ABOM c~ KUTULAgIS, LLP 1 ~~~ . ~~ Michelle L. Sommei_, squire Attorney I.D. No: 93034 36 South Hanover Street Carlisle, PA 17013 (717)249-0900 Attorney for Plaint M ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this cans to the back of the mailpiece, or on the front if space permits. -1.~Article Addressed to: ~c~. ~ - ~''~'~j~ ~2. ~ ~; ~ ~~,~, Lai-, ~. ~Q~v~l~-Pa ~~2y1 A. Signature ~*" N X /~,hLC _'`''^~ Addressee B. Receiv ~ Prt ) C. Date of Delive-y D. fs delivery eddaAs~ d' 1? ^ Yes If YES, enter delivery a d[~ low: ~o 3. Service Type ~ertifled Mail ^ Express Mail ^ Registered ^ Return Receipt for Merohandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number 7pp8 1830 0~~3 5942 5302 (riansfer from servke lapel) PS Form 3811, Fetxuary 2004 Domestic Return Receipt t o2s~-tN-t s+o EXHIBIT `A" REBECCA A. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ~ v. NO. 10-733 CIVIL TERM : y rT ~..~ PAUL L. MYERS, JR., ~`~ #_v -~. ~~ Defendant : IN DIVORCE "~ `~-'' NOTICE TO DEFEND AND CLAIM RIGH' N O 4 ~°Py W ~ n~~ ~~ ~ ~~ ~~, °.~ ~ ~~ ,Y ~ 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 CUMBERLAND COUNTY COURTHOUSE, CARLISLE. PENNSYLVANIA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DNORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 A hearing on the issue of alimony pendente late advanced in the within Answer is demanded. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ~~ __ Wayne .Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Defendant REBECCA A. MYERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. NO. 10-733 CIVIL TERM PAUL L. MYERS, JR., Defendant : IN DIVORCE ANSWER WITH COUNTERCLAIM ANSWER 1.-4. Admitted. COUNTI DIVORCE 5. The averments' of ¶ 5 of the Complaint, being at issue, no response is required. 6. Admitted. 7. The averments of ¶ 7 of the Complaint are admitted in part and denied in part. It is WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 admitted that the marriage is irretrievably broken and that the parties have been living separate and apart since on or about December 22, 2009; but it is denied that Defendant has committed cruel and barbarous treatment or offered indignities to Plaintiff. It is further denied that Plaintiff is an innocent and injured spouse. 8. The averments' of ¶ 8 of the Complaint, being within the exclusive knowledge of Plaintiff, are denied; and proof thereof is demanded. 9. Admitted. WHEREFORE, Defendant will concur in the entry of a Decree in Divorce upon resolution of the economic issues. COUNT II EQUITABLE DISTRIBUTION 10. The averments' of ¶ 1 through 9 of the Complaint, being at issue, no response is required. 11. - 13. Admitted. 14. The averments' of ¶ 14 of the Complaint, being at issue, no response is required. WHEREFORE, Defendant requests equitable distribution of marital property. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Cazlisle, Pennsylvania 17013 -2- COUNT III SPOUSAL SUPPORT, ALIMONY AND ALIMONY PENDENTE LITE 15. - 16. The averments of ¶¶ 15 and 16 of the Complaint are denied. On the contrary, Defendant avers that Plaintiff has ample income and assets to support herself in accordance with the standard of living established during the marriage. WHEREFORE, Defendant prays that your Honorable Court dismiss Count III of the Complaint and enter judgment in favor of Defendant and against Plaintiff. COUNT IV COUNSEL FEES AND COSTS 17. The averments' of ¶ 1 through 9 of the Complaint, being at issue, no response is required. 18. - 19. The averments of ¶¶ 18 and 19 of the Complaint are admitted in part and denied in part. It is admitted that Plaintiff has retained counsel as averred and that she may need to hire experts, but it is denied that she lacks the resources to pay for legal representation and expert witnesses. On the contrary, Defendant avers that Plaintiff has ample resources to pay for legal counsel and expert witness expenses. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Cazlisle, Pennsylvania 17013 -3- WHEREFORE, Defendant prays that your Honorable Court dismiss Count IV of the Complaint and enter judgment in favor of Defendant and against Plaintiff. COUNTERCLAIM COUNTI DIVORCE 20. The averments of ¶¶ 1 - 4 inclusive of Plaintiff's Complaint herein are incorporated herein by reference as though fully set forth. 21. Defendant avers as the grounds on which this action is based that Plaintiff has offered such indignities to the person of the Defendant, the innocent and injured spouse, as to render the condition of Defendant intolerable and the life of Defendant burdensome. 22. This action in divorce is not collusive. 23. Both parties to this Action in Divorce are capable of managing their own affairs. 24. Defendant herein is not a member of the armed forces of the United States of America. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -4- 25. Defendant has no adequate means of support for himself. WHEREFORE, Defendant demands judgment dissolving the marriage between the parties. COUNT II ALIMONY AND ALIMONY PENDENTE LITE 26. The averments of ¶¶ 20 through 25 above inclusive are incorporated herein by reference as though fully set forth. WHEREFORE, Defendant demands judgment compelling Plaintiff to pay to Defendant alimony and alimony pendente lite. Wayne F' Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Defendant WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -5- I verify that the statements made in this pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: February 4, 2010 Paul L. Myers, Jr. WAYNE F. SHADE Attorney at Iaw 53 West Pomfret Street Carlisle, Pennsylvania 17013 PACSES Case 868111450 REBECCA A. MYERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION -LAW v. NO. 10-733 CIVIL TERM PAUL L. MYERS, JR., Defendant : IN DIVORCE ORDER OF COURT AND NOW, this 8th day of FPhr„a, z, , 2010, upon consideration of the pleading for alimony pendente lite, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on March 1. , 2010, at 8:30 0' clock A .M. for a conference, at 13 North Hanover Street, Carlisle, Pennsylvania 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W- 2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this Order, completed as required by Rule 1910.11(c) (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you d ~ ,-- ~ Lr N ~~, ~ LL'~ ~. y,~;~ J ~ 1 i"L s.L, WAYN)~ SH~$E Attor~at Laws-.. 53 West Piomfret ~t Carlisle, Pennsylvania 17013 If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. ~' ;~ i~~ BY THE COURT, -~ ~~ -~ ~ LL M. L. Ebert, Jr., Judge 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 scheduled conference or hearing. Michelle L. Sommer, Esquire Abom & Kutulakis Attorneys for Plaintiff Wayne F. Shade, Esquire Attorney for Defendant Rebecca A. Myers Plaintiff Robert L. Myers, Jr. Defendant WAYNE F. SHADE Attorney at Law 53 West Pomfret Stree Carlisle, Pennsylvania 17013 REBECCA A. MYERS, Plaintiff/Respondent VS. PAUL L. MYERS, JR., Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -DIVORCE NO. 2010-733 CIVIL TERM IN DIVORCE PACSES CASE: 868111450 ORDER OF COURT AND NOW to wit, this 1st day of March, 2010, it is hereby Ordered that the 0 c'a rr N 2 w: Alimony Pendente Lite obligation offsets the Child Support obligation under Case #483 1 1 1440 and docketed at 00074 S 2010. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary's Office for a hearing de novo before the Court. BY THE COURT: M. L. E ert, Jr., J. DRO: R.J. Shadday xc: Petitioner Respondent Wayne F. Shade, Esq. Michelle L. Sommer, Esq. Form 0E-001 Service Type: M Worker: 21005 v? J> REBECCA A. MYERS, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PA V. NO. 10-733 Civil Term PAUL L. MYERS, JR., CIVIL ACTION - LAW Defendant/Respondent IN DIVORCE ,; ? z3 r-h r~ ? RULE TO SHOW CAUSE` ? rµ3 AND NOW, this day of , 2011, on consideratfbn _6t thy: foregoing Petition for Special Relief, it is hereby ORDERED that: 1. A Rule is issued upon the Respondent to show cause why the Petitioner is not entitled to the relief requested; 2. The Respondent shall file an answer to the Petition within 010 days of service; Aµ k",1_d 3. t shall be held d on the 1 day of 2011 at QY _, _i' 30 -A .m. in Courtroom 3 of the Cumberland County Courthouse. BY TH URT: J Lip ?n u uuvii- - Michelle L. Sommer, Esquire, Attorney for Plainti/Petitioner Wayne F. Shade, Esquire, Attorney for Defendant/ Respondent 3 REBECCA A. MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-733 CIVIL TERM ? s PAUL L. MYERS, JR . , = ? ? Defendant IN DIVORCE Cs tz; ; .. `7" IN RE : PETITION FOR SPECIAL RELIEF ,? •' Q0 =;a ORDER OF COURT cY AND NOW, this 17th day of June, 2011, wife is granted exclusive possession of the marital home on the condition that she pay the sum of $600.00 per month as a fair rental value to husband each and every month commencing July 4, 2011. If wife elects to vacate the marital home, husband shall have exclusive possession of the marital home and must pay to wife the sum of $600.00 per month beginning on the date that she vacates the property and every 30 days thereafter. The party with possession of the marital home shall be responsible for taxes, insurance, utilities and upkeep. The fair rental value of the home determined by the Court today is not intended to prejudice the right of either party to prove that the fair rental value is more or less than what we have determined after professional appraisals can be obtained. Any amounts paid to the other party shall be credited against the fair rental value charge to be determined in any subsequent proceeding. By the gouff'; epies Edward E. Guido, J. Michelle L. Sommer, Esquire Wayne F. Shade, Esquire Attorney for Plaintiff/Petitioner Attorney for Defendant/Respondent srs REBECCA A. MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-733 CIVIL TERM o rata L :=? PAUL L. MYERS, JR., i? r"'r=- -o Defendant IN DIVORCE rn a PRAECIPE z a ° fi > TO THE PROTHONOTARY: WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Defendant in the above-captioned matter. Respectfully submitted, Date: oZ G ? 1 lz Wayne F hade, Esquire 53 West Pomfret Street Carlisle, PA 17013 (717) 243-0220 ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant in the above-captioned matter. Respectfully submitted, Date: `,I_ "H (a 3 d i 1 M aJ-.t A 4. ?A.1 rXX 11 r, - ?a 1 '\ Hannah Herman-Snyder, Esquhe GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA REBECCA .MYERS V. PAUL L. MYERS NO. 10-733 AND NOW, DIVORCE DECREE W)OL 0 , it is ordered and decreed that REBECC? A. MYERS PAUL I . MYERS bonds of matrimony. plaintiff, and defendant, are divorced from the 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.") The Marital Settlemen Agreement dated December 13, 2011, is incorporated but not merged. I By the , Attest: J. Prothonotary - t? - G?(f cry / jai "lr°r? A>,?, Sn ?? r ?P??q? - y