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Home My WebLink About04-4089 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TONI A. MYERS, NO. 04 - 46P; Ciu'LJ~ VS. * * * * * * * * CIVIL ACTION - LAW IN DIVORCE Plaintiff JEFFREY L. MYERS, 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 MAYBE ENTERED AGAINST YOU BY THE COURT. A mDGMENT 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 IMPORT ANT 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 MARRlAGE COUNSELING. A LIST OF MARRIAGE COUNSELORS IS AVAILABLE IN THE OFFICE OF THE PROTHONOTARY AT THE CUMBERLAND COUNTY COURTHOUSE, I 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04 - '-IoI'f (2; u iL '7-'i:.ILj TONI A. MYERS, vs. * * * * * CIVIL ACTION - LAW IN DIVORCE AND CUSTODY * JEFFREY L. MYERS, Defendant * * COMPLAINT COUNT I - DIVORCE I. The Plaintiff is Toni A. Myers, who currently resides at 260 Union Hall Road, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Jeffrey L. Myers, who currently resides at 2625 Enola Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiffand Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing oftms Complaint. 4. Plaintiff and Defendant were married on November 10, 1990, in Carlisle, Pennsylvania. 5. The parties are the parents of three (3) minor children: Shea P. Myers, born on August 25, 1988; Ryan E. Myers, born on December 29, 1991; and Jordyn L. Myers, born on March 28, 1995. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Neither party is presently a member ofthe Armed Forces on active duty. 8. The parties have not entered into a written agreement as to alimony, counsel fees, costs, and property division. 9 Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued by the Court. 10. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding is: (a) ~3301(a)(6). Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. (b) ~330l(c). The marriage of the parties is irretrievably broken. (c) ~3301(d). The marriage of the parties is irretrievably broken and, at the appropriate time, Plaintiff will file an affidavit stating that the parties have been living separate and apart for at least two (2) years. II. Plaintiff requests the Court to enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests This Honorable Court to enter an Order dissolving the marriage between Plaintiff and Defendant. COUNT II - CLAIM FOR EQUITABLE DIVISION OF MARITAL PROPERTY UNDER ~3502(a) OF THE DIVORCE CODE 12. Paragraphs one (I) through eleven (II) are incorporated herein by reference as if set forth in full. 13. Plaintiff and Defendant have individually or jointly acquired real and personal property during the marriage in which they individually or jointly have legal or equitable interest, which marital property is subject to equitable distribution. WHEREFORE, Plaintiff respectfully requests This Honorable Court to determine and equitably distribute, divide or assign said marital property pursuant to ~3502(a) of the Divorce Code. COUNT III -- CUSTODY 14. Paragraphs one (1) through thirteen (13) are incorporated herein by reference as ifset forth in full. 15. Plaintiff seeks primary physical custody of the following children: Shea P. Myers, born on August 25, 1988; Ryan E. Myers, born on December 29, 1991; and Jordyn L. Myers, born on March 28, 1995. Shea P. Myers was born out of wedlock. Ryan E. Myers and Jordyn L. Myers were not born out of wedlock. The children are presently in the custody of Plaintiff. During the past five (5) years, the children have resided with the following persons and at the following addresses: A. 76 Cold Springs Road, Carlisle, Cumberland County, Pennsylvania, with Plaintiff and Defendant, from August 1999 until September 2000. B. 2625 Enola Road, Carlisle, Cumberland County, Pennsylvania, with Plaintiff and Defendant, from September 2000 until June 4, 2004. C. 260 Union Hall Road, Carlisle, Cumberland County, Pennsylvania, with Plaintiff and her parents, Patricia and James Clouse, from June 4, 2004 until the present. The mother of the children is Toni A. Myers, currently residing at 260 Union Hall Road, Carlisle, Cumberland County, Pennsylvania. She is married. The futher ofthe children is Jeffrey L. Myers, currently residing at 2625 Enola Road, Carlisle, Cumberland County, Pennsylvania. He is married. 16. The relationship of Plaintiff to the children is that of mother . Plaintiff currently resides with her three (3) children and her parents, Patricia and James Clouse. 17. The relationship of Defendant to the children is that off ather. Defendant currently resides alone. 18. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody ofthe children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 19. The best interest and permanent welfare ofthe children will be served by granting primary physical custody of the children to Plaintiff and partial physical custody of the children to Defendant. 20. Each parent whose parental rights to the children have not been terminated and the person who has physical custody ofthe children have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests This Honorable Court to grant her primary physical custody of the minor children. Respectfully submitted, Dated: 8h.3 10Y WILEY, LENOX, COLGAN & MARZZACCO, P.C. ~~~ Bradle A innick, Esquire 130 W Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 78413 VERIFICA TION I, Toni A. Myers, veritY that the statements made in this document 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. CS. ~4904, relating to unsworn falsification to authorities. Date: ~?/ll f 0,-/ 2rtylc 4 lni;]f/l ~ TONI A. MYERS Plaintiff p "i ~\l IN "0 ~ r ~ ~ ~~PJ:O \lC) OC> () . ~ & <> t/) DID 0- J ~::b \:./ k. P- ~ JJ-~ ~ :1 " .+-1 , 9 TONI A. MYERS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-4089 CIVIL ACTION LAW IDFFREY L. MYERS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 25, 2004 _, upon conside:ration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hilbert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 30, 2004 at to:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abnse orders, Special Relief orders, and CustodY orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURL By: /s/ fluhert X. Gilra;)l, ESQ. Custody Conciliator mhc The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. you SHOULD TAKE THIS pAPER TO YOUR ATIORNEY AT ONCE. IF YOu DO NOT HAVE AN ATIORNEY 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 ~~,jp~~~ Ad'dF-p ,~~ ,~7;W ~lt. Ad'OE.~ ~ p?- ~-~-~ A~~.p. ..... ';IINIf/ll.\SNN'3d I , ^'nnl1 "; ".'"' ,'v''^il'V'' f\.lJ'l1 j,;_ '-...;'.\i,., :~.':jt!~~1 IV 9S :8 Hd 08 snv ~aoz AWLONOHLQod 3Hl. :dO 30/:h/0-CB11.:J TONI A. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERI"AND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW JEFFREY L. MYERS, Defendant NO. 2004 -4089 IN CUSTODY COURT ORDER AND NOW, this ~ day of /&-ou , 2004, the Conciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction. BY THE COURT, Hubert X. Gilroy Custody ConciHa r ~\.u<rc 7("1.! If,! ~J' .:) . I I'; L - r.:D ,002 " , ~. !i;_ J =: ~ : :1),", '''-' :}.lL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TONI A. MYERS, * NO. 20041..4089 Plaintiff * * vs. * CIVIL ACTION . LAW IN CUSTODY * * JEFFREY L. MYERS, Defendant * * PETITION FOR PRE-HF.ARING CUSTODY CONFERENf:F. AND NOW, this 19th day of October, 2004, comes the Plaintiff, Toni A. Myers, by and through her attorney, Bradley A. Winnick, Esquire, ofWdey, Lenox, Colgan & Marzzacco, P.C., and files this petition requesting that a Pre-Hearing Custody Confl~ence be scheduled in the above- captioned matter and, in support thereof, the following is respec~fully averred: 1. On August 17, 2004, Plaintiff filed a Complaint Slleking primary physical custody of her three (3) children. 2. A Pre-Hearing Custody Conference was schedull~d for September 30, 2004, before Custody Conciliator Hubert X. Gilroy, Esquire. 3. Following discussions with Defendant's counsel suggesting that the parties would soon be entering a Stipulation for Custody in lieu of further litigation, the undersigned notified Attorney Gilroy that the scheduled conference would not be necl:ssary. 4. On October 5,2004, Attorney Gilroy issued an Order relinquishing jurisdiction. 5. It now appears that the parties are unable to reach an agreement for custody and that the case must proceed to conciliation and possibly triaL WHEREFORE, Plaintiff respectfully requests This Honorable Court to schedule a Pre- Hearing Custody Conference. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO I Bradle A ID#74 130 W. hurch Street Dillsburg, PA 17019 (717) 432-9666 / By: Dated: October 19, 2004 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TONI A. MYERS, * NO. 2004-4089 Plaintiff * * vs. * CIVIL A~CTION - LAW IN CUSTODY * * JEFFREY L. MYERS, Defendant * * CERTIFICATE OF SERVI(;E I hereby certify that I caused a true and correct copy of the within Petition for Pre-Hearing Custody Conference to be served upon the following by deposilting same in first class United States Mail, postage prepaid, addressed as follows: Jeffrey L. Myers 2625 Enola Road Carlisle, PA 17013 Jesse Ruhl, Esquire P.O. Box 22647 Philadelphia, P A 19110-2647' By: B:!Zrf!:"", Dated: /0 J/"I /0 L./ 7V ~ ~ # C> D c ~ .) - "'1\ III (). ---l ..... (} ~ -I \i -1 ~:"':.! Crt 1'-' -on , ..0 C; w -ft .. . C.i -- C;) TONI A. MYERS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 04-4089 CIVIL ACTION LAW JEFFREY L. MYERS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, October 26, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, December 03, 2004 , the conciliator, at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or ifthis cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children a,ge five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existin~: Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl!. FOR THE COURT. By: Isl Hubert X Gilrov. Esq. Custody Conciliator mhc The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ ~"J:;6 ~~~~;' /10('(:0/ > ..IIP .f/!. ~ ~u, ~t?(f'.()/ ~ !Z ~1M ~ -/"?lh(/-t,('.r7/ ~7rv {-".~." , i:l't, ,OJ I ~:O !,eel L.(~ ......y lUll l",,"',:.',,;!,,~,~ =Hl.JO AG'Ilvi 'v, ,..LVu........1 .;J. 381:!:10-0311:1 ~ '~ DEe n 8 7f:nd- TONI A. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW JEFFREY L. MYERS, Defendant NO. 2004-4089 IN CUSTODY COURT ORDER AND NOW, this ~ day of December, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The father, Jeffrey L. Myers, and the mother, Toni A. Myers, shall enjoy shared legal custody of the Shea P. Myers, born August 25, 1988, Ryan E. Myers, born December 29, 1991 and Jordyn L. Myers, born March 28, 1995. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy liberal periods of temporary physical custody with the minor children as follows: a. On alternating weekends. Unless agreed otherwisf~, the time period shall be from Friday at 6 p.m. until Sunday at 6 p.m. b. At such other times as agreed upon between the parties including a period over the Christmas Holiday for father to have appropriate time with the children on Christmas. 4. Upon father retaining legal counsel, father's attorney may contact the Conciliator to set up another Conciliation Conference either via telephon,e between the Attorneys and the Conciliator or in person with the parties. '- \.0>: uJ ~=~ .I, i':' 'I f-- {-..J l':'.- Cl \-- (-., \_t.J (.::;.) ;r (';::.:') (.~-"" C-..J \I.. C) .<' '.~ (.) TONI A. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW JEFFREY L. MYERS, Defendant NO. 2004-40819 IN CUSTODY CONCILIATION CONFERENCE SUMlVlARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children/child who are the subject of this litigation is as follows: Shea P. Myers, born August 25, 1988, Ryan E. Myers, born December 29, 1991 and Jordyn L. Myers, born March 28, 1995. 2. A Conciliation Conference was held on Decemb€r 3, 2004, with the following individuals in attendance: The Mother, Toni A. Myers, with her counsel, Bradley A. Winnick and the father, Jeffery L. Myers who appeared via telephone contact. 3. The parties agree to the entry of an order in the form as attached. 1::1-7- Olf DATE Hqf;:~!!de Custody Conciliatt.r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TONI A. MYERS, PlaintitT / Petitioner * NO. 04-4089 CIVD.. TERM * * VS. * CIVIL ACTION - LAW IN DIVORCE * * JEFFREY L MYERS, Defendant I Respondent * * PETITION FOR SP~ClAJ.llELlEF AND NOW, this 3rd day of January, 2005, comes the Petitioner, Toni A. Myers, by and through her attorney, Bradley A Winnick, Esquire, ofWlley, Lenox, Colgan & Marzzacco, P.C., and files this Petition for Special Relief in which the following is respectfully averred: 1. The parties are Husband and Wife, having been married on November 10, 1990, in Carlisle, Pennsylvania. 2. During their marriage, in approximately September of2000, the parties purchased a home located at 2625 Enola Road, Carlisle, Cumberland County, Pennsylvania. The deed is in the joint names of the parties as Husband and Wife. 3. The parties are the parents of three (3) minor children: Shea. P. Myers, born on August 25, 1988~ Ryan E. Myers, born on December 29, 1991~ and Jordyn L. Myers, born on March 28, 1995. 4. On or about June 4, 2004, Petitioner removed herself and the three (3) children from the marital residence due to disputes and unhappy differences which had arisen during the marriage. 5. On August 17, 2004, Petitioner filed a Complaint in Divorce and Custody at the above-captioned docket. 6. On September 23,2004, an Order was entered in the Domestic Relations Section of This Honorable Court directing Respondent to pay Petitioner child support in the amount of $680.00 per month. 7. On December 3, 2004, a Pre-Hearing Custody Conference was held before the assigned Conciliator, Hubert X. Gilroy, Esquire. At that time, an agreement was reached whereby primary physical custody was confinned with Petitioner and Respondent was awarded periods of partial physical custody. 8. Petitioner currently resides with her children in a home she has rented at 1940 Reservoir Drive, Carlisle, Cumberland County, Pennsylvania. 9. Respondent continues to reside in the marital residence. 10. The marital residence is encumbered by a mortgage with Washington Mutual in the joint names of the parties. The monthly mortgage payment is $1,075.00. 11. Petitioner is unable to afford the mortgage on her sole salary and does not wish to retain the marital residence in divorce proceedings. 12. Petitioner has learned that Respondent has failed to make the mortgage payment for the past three (3) months. 13. It is believed that there is approximately $80,000.00 in equity in the marital residence which will be subject to equitable distribution. It is further believed and alleged that Respondent's failure to pay the mortgage while continuing to reside in the house creates a substantial risk that this marital asset will be dissipated or completely lost. 14. Respondent has not demonstrated any willingness to cooperate in discussing a resolution to the economic claims in the divorce or to engage in any meaningful negotiation. In fact, Respondent has failed to retain counsel and failed to appear for either the Support Conference or the Pre-Hearing Custody Conference despite proper service and notification of those events. In both instances Respondent participated by telephone only after initiation by the presiding officers. At both proceedings, and in a telephone discussion with the undersigned, Respondent has repeatedly stated that he cannot afford to pay his bills and to pay child support. 15. For these reasons, Petitioner respectfully requests This Honorable Court to compel Respondent to cooperate in listing the marital residence for sale and to further cooperate in effectuating a sale at a reasonable market price. 16. It is submitted that the proceeds of any sale of the marital residence be held in escrow pending an agreement or Order for equitable distribution. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO By: t~V Bradle Winnick, Esquire ID # 78 3 130 W. Church Street Dillsburg, P A 17019 (717) 432-9666 Dated: I / ~ Io.?' VERIFICAnO~ I, Toni A Myers, verifY that the statements made in this document 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. es. ~4904, relating to unsworn falsification to authorities. Date~Ol~ T~~ ~A y Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TONI A. MYERS, Plaintiff I Petitioner * NO. 04-4089 CIVa TERM * * VS. * CIVIL ACTION - LAW IN DIVORCE * * JEFFREY L. MYERS, Defendant I Rnpondent * * CERTIFICATE OF SERVICE I hereby certify that I caused a true and correct copy of the within Petition for Special Relief to be served upon the following by depositing same in first class United States Mail, postage prepaid, addressed as follows: Jeflfey L. Myers 2625 Enola Road Carlisle, P A 17013 By t~V Bradl17WinniCk, Esquire Dated: January 3, 2005 0 "'-3 C C;:) 0 C.:> <~. <:.J'l -n ~;-~ ~_T'I L -I ? , ;::::.. I-n :z.: m.c-' r-- I -a fn .' +:- ::.JO f'".~:: :~ 1.. , '--'. <.J -." ~: - -0 ~l~ ;~ 5> ~~2 3: cr,"" \ W om ~~~ .c-t ~ 0 ~~~ ::.:J -.J -< TONI A. MYERS, PLAINTIFF/PETITIONER : IN THE COUHT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY L. MYERS, DEFENDANTIRESPONDENT 04-4089 CIVIL TERM ORDER OF COURT AND NOW, this l ( day of January, 2005, IT IS ORDERED that a hearing shall be conducted on the within petition for spE~cial relief at 3:00 p.m., Monday, January 31, 2005, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. vfffadley A. Winnick, Esquire For Plaintiff ~rey L. Myers 2625 Enola Road Carlisle, PA 17013 .> f~l 40) qyi~'d.- ~, OJ - 1/- 0":> :sal f!: ;2; t~~ C)r- 1 Cl ,~".. tij 0: PI.U U-. "'j- F= LP_ G eo ("") , ,..- ,-~ Z ..~~ j" ~; {.~~ j.~~ :3:: ~.:o: - .,,'- ~:c -, Lr:> = = c-. :.s () IN THE COURT OF COMMON PL,EAS CUMBERLAND COUNTY, PENNSYI,V ANIA TONI A. MYERS, NO. 04-4089 Civil Term vs. * * * * * * * * CIVIL ACTION - LAW IN DIVORCE Plaintiff JEFFREY L. MYERS, Defendant CERTIFICATE OF SERVIC~ I, Sherie A. Minich, secretary to Bradley A. Winnick, Esquire, hereby certify that I am this day serving a copy of the a Petition for Special Relief, along witb an Order of Court dated January II, 2005 scheduling a hearing on the Petition for Special Relief, with regard to the above-captioned matter, upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first- class postage prepaid, as follows; Jeffrey L. Myers 2625 Enola Road Carlisle, PA ] 7013 Date;~ By: WILEY, LENOX, COLGAN & MARZZACCO, P.c. .ilum O. 212uci ) Sherie A. Minich Secretary to Bradley A. Winnick, Esq. .~::' Co..) . ,~1 --:".; f""' '-I~ (."~j TONI A. MYERS, PLAINTIFF/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY L. MYERS, DEFENDANT/RESPONDENT 04-4089 CIVIL TERM AND NOW, this ORDER OF COURT ~ day of Jal'1ual)', 2005, upon the motion of defendant for a continuance based upon his undergoin!;j inpatient treatment at Roxbury, and upon advice from Roxbury that the estimated date of discharge is on February 8, 2005, IT IS ORDERED that the hearing scheduled for Monday, January 31, 2005, IS CANCELLED. The hearing shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 3:00 p.m., Monday, February 14, 2005. ~_. BYv" ~dley A. Winnick, Esquire For Plaintiff ~ 2> OJ' ;l i5 -05 )6ffrey L. Myers . 2625 Enola Road Carlisle, PA 17013 :sal +]1:5 82 nvr Saul N:r,ilCi ,lC;-tLU'jj 3Hl :!O 38b:!O-G3lt:j ~ ~ - 'l.',! T, " " . 1 ~. ,',.' ...... .'. \\1: . '. r" 7 r<t4 . 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Ii ~~\"i 133 d ani: .... e~.,fiG~ntj i(rf the' caidu' c:. ."t mei~l 1 if d.Ii';~(i~S ii lolh~ jnlend~J ;~dpJeni,y~u m ! hby rtatjfiJ~ Ih~ t YO'J ~IU .re,ceiVS4 tM ~:'i ::'Jment in e \1 or ~rtd In.'t H:{ ravipl. diu.minltion, d;rldbuticA " r eJp~il1g c! \ " . 1.,. tii,l maa;:~.if ttt/dly pr~~ ~. ia{ . ..' '.: I'; " ~ " , . . . 1 '; I ,'" .. of... - -' -- . -~- -,- JAN-21-05 .. 03:06PM fROM-Roxbury Treatment Center I ! , !. .- J. I T , ".., , .", ~': .- '[ ',".'; of " , . .1" "1. " :';1 ':,' .-.....,... ,', '\.' . ..' . ..'i , " '. . .' .':: '.. .'1 ,.' ,'" "'. . ..),.' H:'..: I. '.' . . . . ,T ." . :"."~' i ;' ;F~xiii~ t~: . " _. . . . . ',Jl'. ..,..--' , ,",;.,' .. O.lt:" . ":...' /lei': . , ,'. --.".... "; j.' . . ;".~' ~. ,-.- ".~/" .-\.,/'"~ i"-.,:".'" '~., , " .'\:'E~:~c.g"R'rte:?~" .", j,: q~r~~:n-".: "!)a~,crRe~iH'.. ,< ....,. .',;I.'C~'~rri~rit~:'. :,-;.l:,:'~"" ,...":_'L".> . .':' ':<: ~?: .- :.., . 7\75322109 r-10S P.001/003 f-ssa I . I - I" . ' .J "L I" ..\ Ii: .. !I~:' : .r: !::: . . JZQXpLIRV , i' .:'.. FAX'CO VER" ...&" . : From; '", '1\',':' :'. '..\:. I"; :"" . .1' "". . '.' " ", ,'. . '::l. . .' I \ ".- .' . .;" v.,~ JAN7-05 03:07PM 117:\322109 FROM-Roxbury Treatment Center < Hoxbury Treatlllem Cenll" I (1)! RQxbur 'iRd Shippcnsliurg, PA 17257 "17-S3~-42!1 At'TH RlZATlON FO FCONFlDDiTIAL INfOR!\.i.hlO"I T-105 Po02l003 F-958 .............. L, CJ~+r- tr~ specific inlormatiol1 fr m my records to; I < , hereby :l.uthorize Roxbur y Center to reJeasc]\the foil owing I CO", ~<r 't J (6.;-.7 r ""0/ U--t.. 5{. &.", II . .. 1"4,(,. "Q ~'-fD- &'1c,:;. NAME I TITLE: ORGANIZATION I FACILITY: ADDRESS: < :1 , !I SPECIFIC INFOR.,'v1A TION TO BE RELEA -L. ADMISSION VERJFICA TlO PROGRAM SERVICES OFFE PARTICIPATION IN TREAT DTO PATIENT ENT PROCESS _ PROGNOS~S / DIAGNOSIS V DISCHARqE INFO _ RELAPSE fNFORMA TlON THE PURPOSE OF THIS DISCLOSURE IS : ~ \ . , I have been informed lhat I have the right t revoke this consent at any time by oral and/or w1tten request, except to the extent that action has already een taken. This release of information is limited;~o tile person or organization Ramed above and will not be u ed for any other purpose than $tated. This fOlm has been fully , - - \..J :p)gined-t'01TIe-and'1'certify1harl--underst d.irs.'Contents:------ .--.-.---:-- This authorization will expi~fte the elate of my signature, or on Patient: Accepted Copy ~ejecled Copy ~ . 'I I I ;:\ 'I , J :J1'()& Signature 0 Staff I Witness Date I NOTICE: This Release of Information demonstra e,s compliance with the Health III,urance Portability a~d Accountability Act (HIPAA), Standards for Privacy and lndividu lly Identifiable Health InfonnatlOll (Privacy Standard~), 45 CFR 160 and 164, and all federal regulations and interpreti : guidelines promulgated hereunder. ;: This information has been disclosed 10 you from.. cords protected by Federal confid~ntiality rules (42 GfR Pa"12). The Federal rules prohibit you from making any furthe' ~isclosure of this information unless further disclosur,e is expressly permitted by the written consent ofllle person to Iioln it pcrtains or as otherwise ptnnitted by 42 eFR Put 2. A general authorization of the release of Medical or other inf, rmation is NOT sufficient for thi, purpose. Tile FedJr~1 rules restrict ally use of the information to criminally im'estigat 0" prosecute any alcohol abuse p~tient. < .'i REViseD ;/04 1\ .' JAN-17-05 OS:07PM FROM-RQxbury Treatment Center 7175322109 T-l05 P003/00S H58 ROXBLJRV Date: 01/27/05 To Whom It May Concer : Roxbury Treatment Cent r is an inpatient drug and alcohol rehabilitation facility, lie sed by the Pennsylvaniu Department of lIealth, Office ufDrug an. Alcobol Programs llnd accredited by the Joint Commission on Acc editatinn of Realthcllre Organizations. Please be advised that Je Meyers was admitted to Roxbury Treatment Center 00 01125/05 aud will havc an estimated discharge on 02/08/05, after successfully completing all goals and objedins set for his treatment stay. He will be provided an aftercarl~ plan appropriate to his needs upon completion of eatment. IfI may be of further assi tance, you can contact me at 1-800-648-4673. Sincerely, Brett Hull, MS CouDselor 601 RoxhuryRoada llippensburg, PA 17257. (1'17) 532-4217 Visit ROXBURY on the lnternet at http://www.roxburyhospital.com TONI A. MYERS, PLAINTIFF/PETITIONER V. JEFFREY L. MYERS, DEFENDANT {RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-4089 CIVIL TERM AND NOW, this ORDER OF COURT t(""' day of February, 2005, this matter having been called on a petition by plaintiff seeking special relief, and the parties having reached an agreement, IT IS ORDERED: (1) The parties shall list their marital residence Sit 2625 Enola Road, Carlisle, Cumberland County, for sale with Wolfe & Shearer Realtors at a price to be agreed to by them following consultation with the realtor. (2) Absent an agreement to the contrary, if an order of distribution has not been entered by this court at the time of settlement, the net proceeds from the sale shall be escrowed pending further agreement or order of court. (3) Husband, who continues to live in the marital home, shall make it presentable and available for the realtors to show prospe(:tiv~buyers. / By th7 C';;Jrt, , ~ " Bradley A. Winnick, Esquire For Plaintiff Jeffrey L. Myers 2625 Enola Road Carlisle, PA 17013 , . ~ .:i- /1. 05 M~. / . :sal ~v)1 V~\VJJ-'1q] 'Z il :0\ rlV fl 83Ji)OZ - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW POWER COMPONENT SYSTEMS, INC., Plaintiff NO. 04-4585 VS. LYONS CONSTRUCTION SERVICES, INC., Defendant NOTICE TO: Power Component Systems, Inc. CIO James C. Sargent, Jr., Esquire Evan j. Kelly, Esquire LAMB McERLANE, P.c. 24 East Market Street, Box 565 West Chester, PA 19381-0565 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO DEFENDANT, LYONS CONSTRUCTION SERVICES, INC's, NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR AJUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, RILEY AND FANELLI, P.c. / SUDHIR R. PATEL, ES UIRE Attorney I.D. No. 75914 The Necho Allen No. 1 Mahamongo Street Pottsville, PA 17901 Phone: (570) 622-2455 Fax: (570) 622-5336 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW POWER COMPONENT SYSTEMS, INC., Plaintiff NO. 04-4585 VS. LYONS CONSTRUCTION SERVICES, INC., Defendant ANSWER AND NEW MATTER ANSWER AND NOW, comes Defendant, Lyons Construction Services, Ine., ("Lyons"), by and through its undersigned counsel and Answers the Complaint of Plaintiff, Power Component Systems, Ine. ("PCS"), as follows: 1-3. Admitted. 4. 5. No response required insofar as exhibits "A" and "8" speak for themselves. 6-7. Admitted. 8. This averment is denied as a conclusion of law to which no response is required. To the extent a response is required, it is denied that PCS commenced working almost immediately, diligently proceeded with work, or completed work in a timely workmanlike manner consistently with the Agreement. 9. No response required insofar as Exhibits "C," "0" and "E" speak for themselves. 1 O. This averment is denied as a conclusion of law to which no response is required. To the extent a response is required, it is denied that Lyons has wrongfully failed to pay PCS. 11. No response required insofar as Exhibit "B" speaks for itself. 12. Admitted. 13. This averment is denied as a conclusion of law to which no response is required. To the extent a response is required, it is denied that PCS commenced working almost immediately, diligently proceeded with work, or completed work in a timely workmanlike manner consistently with the Agreement. 14. This averment is denied as a conclusion of law to which no response is required. To the extent a response is required, it is denied that Lyons wrongfully failed to pay PCS. 15. No response required insofar as Exhibit "F" speaks for itself. 16-17. Admitted. .., -~- 18. This averment is denied as a conclusion of law to which no response is required. To the extent a response is required, it is denied that PCS commenced working almost immediately, diligently proceeded with work, or completed work in a timely workmanlike manner consistently with the Agreement. 19. No response required insofar as Exhibit "C" speaks for itself. 20. This averment is denied as a conclusion of law to which no response is required. To the extent a response is required, it is denied that Lyons wrongfully failed to pay PCS. 21. No response required insofar as Exhibit "H" speaks for itself. 22. Admitted. 23. This averment is denied as a conclusion of law to which no response is required. To the extent a response is required, it is denied that PCS commenced working almost immediately, diligently proceeded with work, or completed work in a timely workmanlike manner consistently with the Agreement. 24. This averment is denied as a conclusion of law to which no response is required. To the extent a response is required, it is denied that Lyons wrongfully failed to pay PCS. 25. It is denied that there is a balance due and owing PCS in the amount of $33,981.10. -3- 26. This averment is denied as a conclusion of law to which no response is required. To the extent a response is required, it is denied that pes's work has been performed in a good workmanlike manner or that it's work has been accepted in all respects and is completed. 27. It is denied that Lyons has failed ,and refused to pay pes without any justification. 28. It is denied that Lyons has failed to pay pes without justification or that Lyons has not offered any justification for any refusal to pay. COUNT! POWER COMPONENT SYSTEMS. !NC. v. LYONS CONSTRUCTION SERVICES. INC. BREACH OF CONTRACT 29. No response required. 30. This averment is denied as a conclusion of law to which no response is required. To the extent a response is required, it is denied that pes performed and completed all of its work. 31. It is denied that PCS has fulfilled all of its requirements under the Agreements and Change Orders. -4- 32. It is denied that there has been any breach in contract by Lyons. 33. It is denied that PCS has suffered any damages related to any breach of contract by Lyons. WHEREFORE, Defendant, Lyons Construction Services, Inc., respectfully requests that this Honorable Court grant judgment in its favor and against Plaintiff, Power Component Systems, Inc. COUNT II POWER COMPONENT SYSTEMS. INC. v. LYONS CONSTRUCTION SERVICES, INC. UNJUST ENRICHMENT 34. No response required. 35. This averment is denied as a conclusion of law to which no response is required. 36. It is denied that PCS is entitled to the payment that it seeks. 37. It is denied that Lyons has been unjustly enriched. 38. It is denied that there is no justification on the part of Lyons for any non-payment. -5- WHEREFORE, Defendant, Lyons Construction Services, Inc., respectfully requests that this Honorable Court grant judgment in its favor and against Plaintiff, Power Component Systems, Inc. NEW MATTER 1. PCS's respective claims for payment set forth in its complaint are not ripe by virtue of the very subcontract agreements referenced by PCS in its complaint. 2. PCS's claims are barred by the doctrine of justification as set forth in the subcontract agreements between Lyons and PCS. 3. PCS's claims are barred by the contracts entered into by and between Lyons and PCS which provide that no payment is due and owing PCS until payments for PCS's work have been received by Lyons from the respective project owners. Respectfully submitted, RILEY AND FANELLI, P.c. o~ A SUDHIR R. ~)ATEL, SQUIRE Attorney J.D. No. 75914 The Necho Allen No.1 Mahantongo Street Pottsville, PA 17901 6 VERIFICATION I, BARRY LYONS, verify that I am authorized to make this Verification on behalf of Lyons Construction Services, Inc. I verify that the statements made in the foregoing Answer and New Matter to Plaintiff's Complaint which are within my personal knowledge are true and correct and those which are based on information received from others I believe to be true and correct. I understand that any false statements in the foregoing Answer are subject to the penalties under 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: d If / /J) I ' N SERVICES, INC. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Defendant's Answer with New Matter has been served on the following person(s) in the following manner: BY FIRST-CLASS MAil, POSTAGE PREPAID ADDRESSED AS FOllOWS: James C. Sargent, Jr., Esquire Evan J. Kelly, Esquire lAMB McERlANE, P.c. 24 East Market Street, Box 565 West Chester, PA 19381-0S65 DATE: JllD/~ . I ~~f2 stone-Keich, Paralegal to ATEL, ESQUIRE ~ 1'. (J\ .:~ ....., a bcl '" ~ " 01 '5 C> ~ ~ ,. ::z -, ....... to ~ n "- I" - ~ #..- , TONI A. MYERS, : IN THE COURT OF COMMON PEAS OF CUMBERLAND COUNTY, PEN YL VANIA CIVIL ACTION - LAW Plaintiff v. 04-4089 CIVIL TERM JEFFREY L. MYERS, Defendant PRAECIPE TO ENTER APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendanl, Jeffrey L. Myers, n the above captioned case. Respectfully Submitted, IRWIN & McKNIGHT Dougla . Mi er, squire Supreme Court LD. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Date: March 28, 2005 . CERTIFICA TE OF SERVICE I. Douglas G. Miller, Esquire, do hereby certify that I have served a lrue and correct copy of the foregoing documenl upon the persons indicated below by first class Unite Slales mail, postage paid in Carlisle, Pennsylvania 17013, on Ihe date set forth below: BRADLEY A. WINNICK, ESQUIRE 130 WEST CHURCH STREET DILLSBURG, PA 17019 Date: March 28, 2005 IRWIN & McKNIGHT Douglas G. iller, Esquire Supreme Court J.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 ,,' c~.., I..~.j 0:.:..1" -.\ -.... ::,..::" ,,', ;;_:1 f'"'J ~ __c , , , r:-? .!:~ o ------ DEe 0 8 2004 ::}/ TONI A. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW JEFFREY L. MYERS, Defendant NO. 2004-4089 IN CUSTODY COURT ORDER AND NOW, this ~ day of December, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: CUMBERLAND COUNTY COURT ADMINISTRATOR ONECOURTHOUSESQUARE CARLISLE. PA 17013 ,,' -'~ - ~ J',~'-' U.S. POSTAGI ~ ..~- Bradley A. Winnick, Esquire The Wiley group 1 South Baltimore Street Dillsburg, PA 'OA 0 INSUFFICIENT ADDRESS Ji:l C 0 ATTEMPTED Nor KNOWN 0 OTHER QlNO SUCH NUMBER/ STREET S '" NOT DELIVERABLE AS ADDRESSED . UNABLE TO FORWARD . . . , .; ~:-:s'"':' ....-.~::"-:."=: i--'-'.c~'" ........-r....... {i.jl"::!1"...",.2:: -'v'l--- III,III",III"""fI"II",fI",II",II"',t,t,I,,',I,,,II,,1 " Plaintiff * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * TONI A. MYERS, VS. * * NO. 04-4089 Civil Term * JEFFREY L. MYERS, Defendant * * CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Toni A. Myers, Plaintiff, moves the court to appoint a Master with respect to the following claims: (X) ( ) ( ) ( ) Divorce Annulment Alimony Alimony Pendente Lite (X) ( ) ( ) ( ) Distribution of Property Support Counsel Fees Costs and Expenses and in support of the motion states: (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 through his attorney, Douglas G. Miller, Esquire. (3) The statutory ground(s) for divorce (are) 23 Pa. C.S.A. && 3301(a)(6). (c) and (d). (4) Delete the inapplicable paragraph(s): (a) Tk IIctio" i~ ,wt colltG~tGd. (b) An agreement has been reached with respect to the following claims:None. (c) The action is contested with respect to the following claim: Distribution ofPronertv. (5) The action does involve complex issues oflaw or fact. (6) The hearing is expected to take one (1) day. (7) Additional information, if any relevant to the motion: N/A. Date: 10 /J /0.5 Bradle A Winnick, Esquire WILE , ENOX, COLGAN & MARZZACCO, P.c. Attorn for Plaintiff ORDER APPOINTING MASTER AND NOW, this day of ,2005, Esquire is appointed master with respect to the following claims: By the Court: J. CERTIFICATE OF SERVICE I, Jeanette L. Roberts, do hereby certify that I have served a true and correct copy of the foregoing document by first class mail, postage prepaid as follows: Douglas G. Miller, Esquire Irwin & McKnight West Pomfret Street Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 By: Date: 10 1'5)() 5 I (J c ~ c:;::"" <-" o co .-. ,>, - o -1"'1 .-\ 7f\~: ....(ltr~ ~:") ',-; ;.'b (oJ -0 ::-: ," '.r ',c;, :::: " ) -:5\'-" -'-\ ;En c"'" t:? f" '-'" o LEROY A. CRAMER, Plaintiff/Respodent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW : CUSTODY MARIE L. REED, Defendant/Petitioner : NO. 04-82 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Marie Reed, Defendant/Petitioner, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certify that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date: fD liJhoo,r- I I Douglas J. Boorstein Certified Legal Intern /4v. _ e THOMAS CE ROBERT E. INS LUCY JOHNSTON- WALSH ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 Phone: (717)243-2968 Fax: (717) 243-3639 "'-> '= <;::;:) on ,.,., C-) o -q :'::j F'ii";g .]~;? ~.~i~?' ;-~I ,.,'"' :iJ .", c." ~ -'-.- .;;- . LEROY A. CRAMER, Plaintiff/Respodent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW : CUSTODY MARIE L. REED, Defendant/Petitioner : NO. 04-82 CIVIL TERM PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF A CUSTODY ORDER The Petition of Marie L. Reed respectfully represents: I. A Custody Conciliation was held on February 18,2005. As a result, this Court issued an order on February 23, 2005 awarding Petitioner, hereinafter Mother, periods of custody of the minor child, Timothy Paul Cramer, as follows: a. Physical custody of the child from 9:30 a.m. to 3:30 p.m. each weekday and, b. Physical custody one out of every four weekends, from 9:30 a.m. until 3:30 p.m. on Saturday and from 9:30 a.m. until 3:30 p.m. on Sunday. 2. Respondent, hereinafter Father, was awarded custody during all other times. A true and correct copy of the February 23, 2005 Order is attached to this petition as "Exhibit A." 3. On August 22, 2005, another Custody Conciliation was held via teleconference. 4. At this Custody Conciliation, Father requested that a hearing be held in this matter. A hearing has been scheduled for October 24, 2005 at 12:30 p.m. before the Honorable Edward E. Guido. 5. Following the conciliation on August 22, 2005, the Court entered an Order dated August 30, 2005 clarifying its Order of February 23,2005, indicating once again that Mother had physical custody ofthe child every fourth weekend on both Saturday and Sunday. The Order also indicated that Mother should have custody on Labor Day, September 5,2005. A true and correct copy of the August 30, 2005, Order is attached to this petition as "Exhibit B." 6. Father has repeatedly violated these Orders as outlined below: a. On Sunday, April 17, 2005, part of a "fourth weekend," Father did not give custody of Timothy to Mother. Father has not given Mother compensatory time for this missed day. b. On Sunday, May 15, 2005, part of a "fourth weekend," Father did not give custody of Timothy to Mother. Father has not given Mother compensatory time for this missed day. c. On Monday, May 30, 2005, Memorial Day, Father did not give custody of Timothy to Mother. Father has not given Mother compensatory time for this missed day. d. On Sunday, June 12,2005, part of a "fourth weekend," Father did not give custody of Timothy to Mother. Father has not given Mother compensatory time for this missed day. e. On Saturday, July 9, 2005, part of a "fourth weekend," Father did not give custody of Timothy to Mother. Father has not given Mother compensatory time for this missed day. f. On Sunday, July 10, 2005, part of a "fourth weekend," Father did not give custody of Timothy to Mother. Father has not given Mother compensatory time for this missed day. g. On Sunday, August 7, 2005, part of a "fourth weekend," Father did not give custody of Timothy to Mother. Father has not given Mother compensatory time for this missed day. h. On Sunday, September 4, 2005, part of a "fourth weekend," Father did not give custody of Timothy to Mother. Father has not given Mother compensatory time for this missed day. 1. On Monday, September 5, 2005, Father did not give custody of Timothy to Mother. Father has not given Mother compensatory time for this missed day. 7. Pursuant to Cumberland County Rule of Court 208.2(d), counsel for defendant sought but did not obtain concurrence from opposing counsel. WHEREFORE, Petitioner requests that Respondent be held in contempt of Court, and that Petitioner be awarded compensatory time or such other relief described in the statute as this Court deems appropriate. Petitioner further requests that this Petition for Civil Contempt be addressed at the Custody Hearing, scheduled for October 24, 2005, at 12:30 p.m. Respectfully Submitted, Date: OJoh<< /2,20()) "- .PLACE ROBERT . RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys FAMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 Phone: (717)243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this Petition 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: /0/ (0 I Db --f'(DJ-u. OJ ). ~Q2d Marie L. Reed Petitioner FEB 2 2 2005 r LEROY A. CRAMER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MARIE L. REED, Defendant NO. 2004-82 IN CUSTODY AND NOW, this ~ COURT ORDER ;;.3 day of February, 2005, upon consideration of the attached Custody Conciliation report, the prior Custody Orders entered in this case' are vacated and the following temporary Custody Order is entered: 1. The Mother, Marie L. Reed, and the Father, Leroy A. Cramer, shall enjoy shared legal custody of Timothy Paul Cramer, born May 5,2002. 2. Physical custody shall be handled with the Mother having physical custody of the minor child each weekday from 9:30 a.m. until 3:30 p.m. Additionally, one out of every four weekends Mother shall also have custody during the day from 9:30 a.m. until 3:30 p.m. The Father shall enjoy physical custody at all other times unless agreed otherwise by the parties. 3. Mother shall pursue the completion of an evaluation at Helen Stevens Mental Health Center. Upon completion of that evaluation, legal counsel for the Mother may contact the Conciliator directly to schedule a conference call with the Conciliator and counsel for the Father. At that time and in the event the parties are unable to reach an agreement, the Conciliator may refer this case to the Court for a hearing and may also recommend any modification of the existing Custody Order if the Conciliator deems appropriate. Judge Edward E. Gu.ido, C:) T' 'f F \. '. -.'. . , ! ~.~': ':ci cc: Douglas Boorstein Karl E. Rominger, Esquire ~v ." .'~ EXHIBIT I Ii I' RECE1VED AUG 2. 5:w.i IV\. <J \ LEROY A. CRAMER, Plain tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW MARIE L. REED, Defendant NO. 2004-82 IN CUSTODY COURT ORDER AND NOW, this 36<f"\ay of August, 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Co~m No. 5 of the Cumberland County Courthouse on the /O*' day of () ~ ,2005, at 1.1/:1 L.m. At this hearing, the Father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testifY on behalf of each party, and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of February 3, 2005 shall remain in effect subject to the following clarifications: A. The Mother's alternating weekend custody shall be on both Saturday and Sunday from 9:30 a.m. until 3:30 p.m. B. Mother shall also have custody on Labor Day this year in light of Father exercising custody on Memorial Day. Judge Edward E. Guido Cc: Douglas Boorstein, Esquire Karl E. Rominger, Esquire I EXHIBIT P, ~c (') ('-. ....' --' ..~~ C' c.." ~., j/ q, .-' -f:~? ~-('r'.;.-\ ,{)'....{ .....- vJ AC. /" s;: .....- r; ':~(}:". : .~:{{\ ':,::..\ ~;O .;;<. - TONI A. MYERS, vs. * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYL VANIA * * Plaintiff * NO. 04-4089 Civil Term * JEFFREY L. MYERS, Defendant * * CIVIL ACTION - LAW IN DIVORCE Bradlev A Winnick. Esquire Attorney for Plaintiff 13 0 West Church Street Street Address Dillsburg. PA 17019 City - State - Zip Code (7J 7) 432-9666 Phone Number Douglas G. Miller. Esquire Attorney for Defendant 60 West Pomfret Street Street Address Carlisle. PA 17013 City - State - Zip Code (7J 7) 249-2353 Phone Number INVENTORY OF TONI A. MYERS. Plaintiff Plaintiff files the following Inventory and Appraisement of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three (3) years. Plaintiff verifies that the statements made in this Inventory and Appraisement are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. ';nTh- A- ~ S- Toni A Myers, Plaintiff ASSETS OF THE PARTIES Plaintiff marks on the list below, those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. (X) I. (X ) 2. ( ) 3. ( ) 4. (X) 5. ( ) 6. ( ) 7. ( ) 8. ( ) 9. ( ) 10. ( ) II. ( ) 12. ( ) ]3. ( ) ]4. ( ) 15. ( ) 16. ( ) 17. ( ) 18. (X ) 19. ( ) 20. ( ) 21. ( ) 22. ( ) 23. (X) 24. (X ) 25. ( ) 26. Real property Motor vehicles Stock, bonds, securities and options Certificates of deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of Safe Deposit boxes Trusts Life insurance policies (indicate face value, cash surrender value, and current certification) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Business (list all owners, including percentage (%) of ownership, and officer/director positions held by a party with the company) Employment termination benefits; severance pay, Workman's Compensation Profit Sharing plans Pension plans (indicate employee contribution and date plan vests) Retirement Plans, Individual Retirement Accounts Disability Payments Litigation claims (matured and unmatured) Military/V.A. benefits Education benefits Debts due others, including loans, mortgages held Household Furnishings and Personalty (Include as a Total Category and attach an itemized list if distribution of such assets is in dispute) 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 NUMBER 2 2 5 DESCRIPTION OF Ford Windstar Bass Boat Members I" PROPERTY Business Account NAMES OF ALL Toni A. Myers and Jeffrey L. Myers Jeffrey L. Myers OWNERS Jeffrey L. Myers 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 NUMBER 5 5 19 DESCRIPTION OF Members 1" Members I" 40l(k) - Holy Spirit PROPERTY Checking Account Savings Account NAMES OF ALL Toni A. Myers and Toni A. Myers and Toni A. Myers OWNERS Jeffrey L. Myers Jeffrey L. Myers , 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 NUMBER 19 25 DESCRIPTION OF 40l(k) - PHlCO Household furniture PROPERTY and personal property NAMES OF ALL Toni A. Myers Toni A. Myers and OWNERS Jeffrey L. Myers 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 NUMBER 5 5 DESCRIPTION OF Members I" Members I" PROPERTY Checking Account Savings Account NAME OF ALL Toni A. Myers Toni A. Myers OWNERS BASIS FOR Post-Separation Post -Separation EXCLUSION FROM MARITAL PROPERTY PROPERTY TRANSFERRED Plaintiff lists all property in which either or both spouses has a legal or equitable interest, individually or with any other person, and which has been transferred within the preceding three (3) years: ITEM NUMBER I DESCRIPTION OF Marital Residence PROPERTY situate at 2625 Enola Road, Carlisle, P A DATE OF May 20, 2005 TRANSFER CONSIDERATION $225,000.00 TRANSFEREE Jeffrey and Theresa , Mazzei LIABILITIES OF THE PARTIES Plaintiff lists all liabilities of either or both spouses alone or with any person as of the date this action was commenced: ITEM NUMBER 24 DESCRIPTION OF Credit Card LIABILITY NAMES OF ALL VISA CREDITORS NAMES OF ALL Toni A. Myers and DEBTORS Jeffrey L. Myers CERTIFICATE OF SERVICE I, Jeanette L. Roberts, do hereby certify that I have served a true and correct copy of the foregoing document by first class mail, postage prepaid as follows: Date: Douglas G. Miller, Esquire Irwin & McKnight West Pomfret Street Professional Building 60 West Pomfret Street Carlisle, P A 17013-3222 By: ", ":::.;:) 0 '";~':;) ~, -n C) .-j '-) ::r " --; rn ro;~ w ~;; C~) , (~) , rn -, '"',) L. .!-.J (,..:. .", ~~. RECEIVED OCT 1 () 10054 Plaintiff * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYL VANIA * TONI A. MYERS, VS. * * NO. 04-4089 Civil Term * JEFFREY L. MYERS, Defendant * * CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Toni A. Myers, Plaintiff, moves the court to appoint a Master with respect to the following claims: (X) ( ) ( ) ( ) Divorce Annulment Alimony Alimony Pendente Lite (X) ( ) () ( ) Distribution of Property Support Counsel Fees Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the c1aims(s) for which the appointment of a Master is requested. (2) The Defendant has appeared in the action through his attorney, Douglas G. Miller, Esquire. (3) The statutory ground(s) for divorce (are) 23 Pa. C.S.A ~~ 330 I (a)(6l. (c) and (d). (4) Delete the inapplicable paragraph(s): (a) The ItCliuh ;~ h6t cchllc,t..d. (b) An agreement has been reached with respect to the following claims:None. (c) The action is contested with respect to the following claim: Distribution ofPropertv. (5) The action does involve complex issues of law or fact. (6) The hearing is expected to take one (I) day. (7) Additional information, if any relevant to the motion: N/A. Date: 10 /J /0.5 Bradle A Winnick, Esquire WILE , ENOX, COLGAN & MARZZACCO, P.C. Attorn for Plaintiff ORDER APPOINTING MASTER AND NOW, this /'7 ~of (}t-ffk1" ,2005, E.~ ~A' Esquire is appointed master with respect to the following claims: -k -ze I tU.) d ~!p J\. \\:) CERTIFICATE OF SERVICE I, Jeanette L. Roberts, do hereby certify that I have serve:d a true and correct copy of the foregoing document by first class mail, postage prepaid as follows: Douglas G. Miller, Esquire Irwin & McKnight West Pomfret Street Professional Building 60 West Pomfret Street Carlisle, PA 170]3-3222 Date: 10/'5)(')5 I J J . ~2 .-, <= 0 c:::) "'1'1 <-" 0 --< C') :1;"01 --. rllj=:' I:I.~ 0) (:' -:; - ( , "J'.' '" W ~ ~--s- Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA TONI A. MYERS, v. CIVIL ACTION - LAW 04-4089 CIVIL TERM JEFFREY L. MYERS, Defendant DEFENDANT'S AFFIDA VIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about August 30, 2004. 2. The marriage of plaintiff and defendanl is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consenllo Ihe entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do nol claim them before a divorce is granled. I verify that Ihe statements made in this affidavit are lrue and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Seclion 4904 relating to unsworn falsification to authorities. Date: ~ //~t."2-- (f)J ~ I mr-F JEFFREY L. MYERS Defendant .~1 C) -ij ., f__"' \.C; TONI A. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION. LAW 04-4089 CIVIL TERM JEFFREY L. MYERS, Defendant WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. I consenl to Ihe entry of a final Decree of Divorce withoul notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by Ihe Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify Ihat Ihe statements made in this affidavil are true and correct. I understand Ihat false slalements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to aulhorilies. Date: !f-72-' 0) ~I r1JFf JEFFREY L. MYERS Defendant ,') ~,'j {' ~. L:::' TONI A. MYERS, * IN THE COURT OF COMMON PLEAS Plaintiff .. OF CUMBERLAND COUNTY * PENNSYLVANIA vs. * * No. 04-4089 CIVIL TERM JEFFREY L. MYERS, * Defendant * CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under ~3301(c) of the Divorce Code was filed on August 17, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. \ \ \ ,'~ 1:.1 ;)OO'=:l Date (JGfV-. A Torn A. Myers Plaintiff VI, " II ~dUL -,'r--' _CI , , ~> -.'\ ------- , - TONI A. MYERS, * IN THE COURT OF COMMON PLEAS Plaintiff * OF CUMBERLAND COUNTY * PENNSYLVANIA vs. * * No. 04-4089 CML TERM JEFFREY L. MYERS, * Defendant * CML ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(1:) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights conceming alimony, division of property, lawyer's fees, or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verifY that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa C.S. ~4904 relating to unsworn falsification to authorities. 1\ \ /A 1?boO'5 Date f\." Ie: /1 ...J\J "'~ r'\ vTYtlu,:fJ1 '>/ Toni A Myers Plaintiff ---------- \' '\ ~ :~, c:: \J) - 04 - '-IDJ>9 CI"uJ...'t:e~ MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this ~.., day of IV c j <: M h U" ,2005, by and between TONI A. MYERS, (hereinafter referred to as "WIFE") and JEFFREY L. MYERS, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on November 10, 1990, and separated on or aboul June 4, 2004; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intenlion of HUSBAND and WIFE 10 live separale and apart for the rest of their nalural lives, and the parties hereto are desirous of settling fully and finally Iheir respective financial and property rights and obligations as between each other, including, but nol limited to Ihe settling of all matlers between them relaling to Ihe ownership and equitable dislribution of real and personal property, the settling of all claims and possible claims by one against the other or against their respective estates, and the equitable distribulion of property and alimony for each party. The parties hereto agree and covenant as follows: L The parties intend to maintain separate and permanenl domiciles and 10 live apart from each other. It is the intent and purpose of this Agreement to set forth the respective righls and dUlies of the parties while Ihey continue to live apart from each other. .' 2. The parties have attempled to divide their matrimonial property in a manner which conforms 10 a just and righl slandard, wilh due regard to Ihe rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitule in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separalely and apart from the other at any place or places that he or she may select as Ihey have heretofore been doing. Neilher party shall molest, harass, annoy, injure, threaten or interfere with the olher party in any malter whatsoever. Each party may carryon and engage in any employment, profession, business or other activily as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoymenl or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreemenl is the mutual benefit 10 be oblained by both of the parties hereto and the covenanls and agreemenls of each of the parties to the olher. The adequacy of the consideration for all agreements herein contained is stipulaled, confessed, and admitted by the parties, and the parlies intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: a. Is represented by counsel of his or her own choosing, or if nol represented by counsel, understands that he or she has the right to counsel: HUSBAND IS represented by Douglas G. Miller, Esquire of Irwin & McKnighl; WIFE IS represented by Bradley A. Winnick, Esquire of The Wiley Group; 2 b. Is fully and completely informed of the facls relating 10 Ihe subject mailer of this Agreement and of the rights and liabilities of the parties; c. Is entering inlo this Agreemenl voluntarily after receiving the advice of counselor after choosing not to consult an attorney; d. Has given careful and mature thought to the making of Ihis Agreemenl; e. Has carefully read each provision of this Agreemenl: and f. Fully and completely nnderstands each provision of Ihis Agreement, both as 10 the subject mailer and legal effect of each provision. This Agreement shall become effective immediately as of the date of execulion. 5. It is the purpose and intenl of Ihis Agreement to seltle forever and complelely the interest and obligations of Ihe parties in all property Ihal they own separately, and all property Ihal would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner thai conforms to a just and fair standard, wilh due regard to the rights of each party. The division of existing Marital Properly is not intended by the parties 10 conslitute in any way a sale or exchange of assets, and the division is being effected without the inlroduction of outside funds or other property not constituting a part of the marital estate. II is the further purpose of Ihis Agreemenl to settle forever and completely any obligation under the Pennsylvania Divorce Code relating 10 spousal support or alimony. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, 3 lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 7. REAL ESTATE: The marital property located at 2625 Enola road, Carlisle, Cumberland County, Pennsylvania, 17013, was sold by the parties on or about May 20, 2005. HUSBAND and WIFE hereby certify that they do not own any other real estate in their names and purchased prior to the separation of the parties. WIFE hereby waives all right, title and interest which she may have in any real property of the HUSBAND which may be purchased after the separation of the parties. HUSBAND likewise waives any right, title and interest which he may have in any real property of WIFE which may be purchased after the separation of the parties. The proceeds from the sale of the marital residence, in the amount of $61,397.42, were placed in escrow with HUSBAND'S legal counsel. HUSBAND shall receive the sum of $45,000.00 from the proceeds upon the signing of this Agreement, and WIFE shall receive the balance, which sum is $16,397.42, upon the signing of this Agreement. Both parties hereby release, indemnify, and hold harmless HUSBAND'S legal counsel for any and all claims, demands or liabilities whatsoever in connection with the escrow of the sale proceeds. 8. SPOUSAL SUPPORT: It is the mutual desire of the parties that HUSBAND will not be required to pay spousal support, alimony, alimony pendente lite, or any other financial support to 4 WIFE, and that WIFE will not be required to pay spousal support, alimony, alimony pendente lite, or any other financial support to HUSBAND. The parties thereby waive any rights they have to receive spousal support, alimony or alimony pendente lite payments from the other either prior to or following the entry of the Divorce Decree in this matter. 9. PERSONAL PROPERTY: HUSBAND agrees to return the dining room table and chairs to WIFE within thirty (30) days of this Agreement. Otherwise, the parties agree either that the personal property has been divided to the parties' mutual satisfaction, or that they are waiving any rights that they may have with regard to the personal property in the possession of the other party. WIFE hereby waives all right, title and interest which she may have in any personal property of the HUSBAND, specifically including the boat currently in HUSBAND'S possession. HUSBAND likewise waives any right, title and interest which he has in the personal property of WIFE. Henceforth, each of the patties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to HUSBAND or WIFE with full power to HUSBAND or WIFE to dispose of the same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. 10. AUTOMOBILES: HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or may own in the future, and agrees to execute all documents necessary to transfer title of any jointly titled vehicles that WIFE may own within thirty (30) days of this Agreement. WIFE shall hold HUSBAND harmless for any and all liability associated with the use and purchase of any vehicle she may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. WIFE hereby 5 waives all right, title and interest in any vehicle that HUSBAND currently owns or may own in the future, and agrees to execute all documents necessary to transfer title of any jointly titled vehicles that HUSBAND may own within thirty (30) days of this Agreement. HUSBAND shall hold WIFE harmless for any and all liability associated with the use and purchase of any vehicle he may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. 11. MARITAL DEBTS: The parties recognize the existence of a VISA credit card account in the name of both parties. It is mutually agreed by and between the parties that no further charges or obligations beyond interest or finance charges shall be incurred on said credit card. WIFE agrees to either pay the balance of said credit card and to indemnify and hold harmless HUSBAND, or to obtain a loan or other financing in her individual name and to fully satisfy the balance of said account. Upon such time as the account is paid in full, WIFE shall close and cancel said credit card account and provide proof of such cancellation to HUSBAND within thirty (30) days. WIFE shall also assume all liability for and pay and indemnify the HUSBAND against all debts incurred by WIFE after the date of separation. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and hold HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 6 HUSBAND shall assume all liability for and pay and indemnify WIFE against all debts incurred by HUSBAND after the date of separation. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and hold WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 12. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE waives all right, title and claim to HUSBAND'S insurance and employee benefits, and HUSBAND waives all right, title, and claim to any of WIFE'S insurance and employee benefits. In particular, HUSBAND waives any and all right, title, or interest in WIFE'S 401(k) Phico Salary Deferral Plan. 13. BUSINESS: WIFE waives any and all right, title, or interest in HUSBAND'S lawn care and landscape business known as Landscape Creations, as well as all assets associated with said business, including but not limited to equipment, business bank accounts, and accounts receivable. HUSBAND shall assume all liability for and pay and indemnify WIFE against all debts incurred by or as part of said business. 7 14. BENEFITS AND BANK ACCOUNTS: The parties acknowledge the presence of a joint checking and joint savings account with Members 1st Federal Credit Union. WIFE waives all right, title and interest in said joint accounts to HUSBAND. WIFE further agrees to waive all right, title and interest which she may have in the savings, checking, or any other bank accounts of the HUSBAND and likewise HUSBAND agrees to waive all right, title and interest which he may have in the savings, checking, or any other bank accounts of WIFE. 15. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 16. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 17. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further 8 instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, are fully understood by both parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies or any other remedies provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 19. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 20. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsyl vania. 9 21. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 22. PA YMENT OF COSTS: Each party shall be responsible for their own attorneys fees and costs incurred in the settlement of the divorce and economic issues surrounding this divorce. 23. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. [THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK] 10 IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: iJrjifi ~~ ((jft, f\{, ii' 't.. P . ,!'-, . ',"" r (, ,! ,,,lYt., \ 1 ,.q-, 'L a~ , TONI A. MYERS J (SEAL) l/t/(f!-5 _(S>:ALI JEFF COMONWEALTH OF PENNSYLVANIA SS: COUNTY OF PERSONALLY APPEARED BEFORE ME, this ~ day of ~'yl\J.ptYl b/Y" 2005, a Notary Public, in and for the Commonwealth of Pennsylvania, TONI A. MYERS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. /1 - S fL./bt-i1,db.;lr /;:;~) COMMONWEALTI1 Or PENNSYLVANIA Notanal Seal S. Dawn Gladfelter. Notary Public Dillsburg 80/'0, York County My Com'nission Expires May 17, 2009 Member, Pennsylvania Association of Notaries II COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF '1\,,<:\ PERSONALLY APPEARED BEFORE ME, thi()C>' day of NuWrl)fj)/L-- , 2005, a Notary Public, in and for the Commonwealth of Pennsylvania, JEFFREY L. MYERS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained, IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEAt.:rH OF PENNS VANIA Notaria! Seal KiJ.rt'fi S "~oeL Notary Public Carlisle He',,:, Cmnberland County My Commission Expires Dec. 8, 2001 12 (---~ ,-' ,--, c.'" ,~_L ....::> IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TONI A. MYERS, * NO. 04-408!' Civil Term Plaintiff * vs. * * CIVIL ACTION - LAW IN DIVORCE * * JEFFREY L. MYERS, Defendant * * MOTION TO V ACA TE APPOINTMENT OF DIVORCE MASTER AND NOW, this 8th day of December, 2005, comes the Plaintiff, Toni A. Myers, by and through her attorney, Bradley A. Winnick, Esquire, of Wiley, Lenox, Colgan & Marzzacco. P.C., and files the instant Motion to Vacate Appointment of Divorce Master, respectfully averring as follows: 1. On October 17, 2005, This Honorable Court, upon motion of Plaintiff, issued an Order appointing E. Robert Elicker, Esquire, master with respect to the claims raised at the above- captioned docket. 2. Effective November 28, 2005, the parties entered into a comprehensive Marital Settlement Agreement fully and finally resolving all claims to be heard by the Master. A copy of the Marital Settlement Agreement was filed with this Court Honorabk on December 1, 2005, WHEREFORE, Plaintiff respectfully requests this Honorable Court to vacate the appointment ofthe master. Respectfully submitt,ed, WILEY, LENOX, COLGAN & MARZZACCO By: -~) ~ fA'. Bradley/A. innick, Esquire ID #78~1 130 W. hurch Street DiIIsburg,PA 17019 (717) 432-9666 Dated: December 8, 2005 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA TONI A. MYERS, * NO. 04-4089 Civil Term vs. * * * * CIVIL ACTION - LAW IN DIVORCE Plaintiff * JEFFREY L. MYERS, Defendant * * CERTIFICATE OF SERVICE I, Bradley A, Winnick, Esquire hereby certify that on the).Q ~ day of December, 2005, I am serving Plaintiffs Motion to Vacate Appointment of Master upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail.. first-class, postage prepaid, as follows: Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013-3222 By: WILEY, L../~OX;>)l,GAN AND MARZZACCO /11/ Bradley A, Winnick, Esquire Supreme Court to. #78413 130 West Church Stre:et Dillsburg, PAl 70 19 (717) 432-9666 -- '--i --1:, ....., C-~ c::,} (".J" Cl r'l n N o " =r!-n rilr~ -ryi"::l :3,'1' '..J() "':':\-1"-, :--"n '::C) ~,~- rTl 2 '.0 '-< ....., -.' ..;.... <f? o "" - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA TONI A. MYERS, NO. 04-4089 Civil Term vs. * * * * CIVIL ACTION - LAW IN DIVORCE Plaintiff * JEFFREY L. MYERS, Defendant * * * ORDER OF COURT '" AND NOW, this U day of r4; {J,"" e;yn W'L;2005, IT ]IS HEREBY ORDERED AND DECREED THAT the appointment of the master issued in the above-captioned case on October 17, 2005, is vacated. BY THE COURT: , ], DISTRIBUTION: Bradley A, Winnick, Esqyuire Douglas G. Miller, Esquire 130 W. Church Street, Dillsburg, PA 17019 60 West Pomfret Street, Carlisle, PA 17013-3222 /)')7-0) ~,~ JIIs "v." ",', lJ 9 I :0\ ~l\! LZ 130 ~UUZ l' 'Iii :::,,'> \, :,,:J ::U.l.' In I\D 4"-" "V'; ,~,.,.f;.,l,J ...11 I ;l..l ';',~'1::\:\O-CFn\j ..-... . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TONI A. MYERS, NO. 04-4089 Civil Term vs. * * * * CIVIL ACTION - LAW IN DIVORCE Plaintiff * * JEFFREY L. MYERS, Defendant * * AFFIDAVIT OF SERVICE I, Sherie A. Minich, being duly sworn, deposes and says that she is an adult and that she served a Complaint in Divorce upon the Defendant, at the Defendant's last known address as follows: Jeffrey L. Myers, 2625 Enola Road, Carlisle, PA 17013, by certified mail, restricted delivery, return receipt requested on September 2, 2004, and the same was received by him on September 7, 2004. The Certified Mail Receipt and PS Form 38111 are allached hereto, marked Exhibit "A" and made a part hereof by reference thereto, Date: September 9, 2004 WILEY, LENOX, COLGAN & MARZZACCO, P.C. By: COMMONWEALTH OF PENNSYLVANIA :SS COUNTY OF YORK On this, the 9th day of September, 2004, before me, a notary public, personally appeared Sherie A. Minich known to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit and acknowledged that she executed the same for the purposes therein contained. ,~:~,~~",M ,"d "om"'~'~' d'Y'1i::~;h~1h- . aWn Gladfelter N t ~y PUBtlC M DjlJsburg 80ro Yo ~ ~ry Public Y Commission EXPire: M ounty My Commission Expires: ay 17, 2005 Member, Pennsyl van1aAssOciafion otNotaries ...~ .' . . Complete items 1, 2, and 3. Also complete item 4 if Restricted' Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space pennits. 1. Article Addressed to: Jeffrey L. Myers 2625 Enola Road Carlisle, PA 17013 C. Da_~f Delivery t7'/"'"1 'rn DYes /ft'o 3, Se Type Certified Mail 0 Swres& Mail o Registered ~etum ReceIpt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) as 2, Article Number (Transfer from service (abet) PS Form 3811, August 2001 7002 3150 0004 4253 4738 DomestIc Return Receipt 102:595-Q2.M-1540 '" rn <'- ~ rn Ul ru ~ Postage $ ~ Certified Fee 0 0 Return RecieptFee 0 (Endorsement Required) 0 Restricted Delivery Fee Ul (EnclorsemenIRequired) r't rn Total Postage & Fees $ ru Sent To 0 0 <'- Sfreet. Ap{ No.; or PO 80x No CfrY:-Staie:ZiP+4- PS Form 3800, June 2002 See Reverse for InstructionS EXHIBIT "A" "-----~.-_._. n ~~~- '" (~.~') C~:J " :::'}"'1 (" "- " C..'l -v Co] f'._~' -' - - .~ .;:., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PENNSYLVANIA TONI A. MYERS, * NO. 04-4089 Civil Term Plaintiff * * vs. * CIVIL ACTION - LAW IN DIVORCE . * JEFFREY L. MYERS, Defendant * * PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2, Date and mauner of service of the Complaint: The Defendant was served bv Certified Mail. Restricted Deliverv, Return Receipt ReQuested ou September 7. 2004. which was filed with this Honorable Court on September 10. 2004. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: November 28, 2005 ; By Defendant: November 22, 2005. (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: N/A. 4, Related claims pending: All related claims were settled bv a Marital Settlement Al!reement dated November 28, 2005 and filed with the Court on December 1, 2005. (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: 5. Complete either (a) or (b): (b) Date Plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: December 1, 2005: Date Defendant's Waiver of Notice in Section 330 1 (c) Divorce wasfiled with the Prothonotary: December 1, 2005. Date: I J- I v / oJ By: Winnick, Esquire Supre Court LD, #78413 130 West Church Street, Suite 100 DiIlsburg, P A 17019 (717) 432-9666 (Attorney for Plaintiff) .-' c"':") ;?~ ~;';~~l ,- ~_..." -.~1 <;''1 ~- - c? c~ Ln o -- .' . . . . . . . . . . . . . . . . :+. +. :+.:t; . :ii Of. :+:;t: :';:+.;+i:f:+: +. Of:f. +. Of. :+. +.:to 'fi:+' Of. +. + +. +. '" +. +. +. . .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNA, STATE OF . . . . . . . . . . TONI A. MYERS, NO, 04 4089 CIVIL TERM PLAINTIFF VERSUS . JEFFREY L. MYERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DEFENDANT DECREE IN DIVORCE i~ 2f ~IT IS ORDERED AND AND NOW, DECREED THAT TONI A. MYERS , PLAINTIFF, JEFFREY L. MYERS , DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECO~f IN THIS ACTION FOR WHICH A FINAL ORDER HAS YET BEEN ENTERED; w'O~ NOT THE TERMS AND PROVISIONS OF THR MJllH'l'JlT. ~R'l''l'T.RMRN'l' JlGRREMli:NT SIGNED: THE DIVORCE AND BY THE PARTIES AND DATED NOVEMBER ATTEST: . . . PROTHONOTARY . . . . '" :+' 'f' Of' Of. 'I' +. Of. +. +. +. +. +. Of Of' +. +. +. +. Of' '+: +. '" +'+' . . . ++. +.:+. 'f'+''f':t' :f. :f.:f. '+'*':+' +. +.:+. +. +. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . . . . . . + ;,77; 7'[;11.. /.~ ~rr? ~7 ~~ /"~l e;1 ~/ }' fi!1'A:"d . r v, h .~ ffl?,{/4/d?) ;-/)C? , . , . n7. ~C' -/1/ -'! " .~J 1t"/ - ._._~------