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HomeMy WebLinkAbout04-5154IN THE COURT OF COMMON PLEAS Sandy L. Myers Plaintiff VERSUS Justin D. Myers Defendant DECREE IN DIVORCE AND NOW, 2006 , IT IS ORDERED AND DECREED THAT Sandy L. Myers PLAINTIFF, AND Justin D. Myers DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE IS ACTION FOR WHICH A FINAL ORDER HAS NOT BEEN RAISED OF Rzbw YET BEEN ENTERESeparation and P roperty Settlement Agreement is incorporated herein but not merged in the Divorce BY TH ATTEST: OF CUMBERLAND COUNTY STATE OF PENNA. No. 04-5134 J. PROTHONOTARY Irv . s i P 0) -6 ?7 -6 Sandy Lee Myers : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIE V. : NO. 04- $l Sy CIVIL TERM Justin D. Myers : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree in divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Sandy Lee Myers : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANII V. : NO. 04- S7S1f CIVIL TERM Justin D. Myers : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Sandy Lee Myers, an adult individual, currently residing at 4, Steelstown Road, Newville, Pennsylvania 17241. 2. Defendant is Justin D. Myers, an adult individual, currently residing at 4e Steelstown Road, Newville, Pennsylvania 17241. 3. Plaintiff and Defendant have one child bom of this marriage, Aaron Walt( Myers who was bom September 30, 2001. 4. Plaintiff has another minor child Justin Michael Vioral, bom October 2e 1994, residing with Plaintiff and Defendant; the Plaintiff has custody of Justin Micha( Vioral pursuant to an Order of Court at Docket # 97-6915 dated June 22, 1998 an signed by the Honorable Edward E. Guido. 5. Plaintiff and Defendant are bonafide residents of the Commonwealth o Pennsylvania and have been so for at least six months immediately previous to the filin4 of this complaint. 6. Plaintiff and Defendant were married on May 24, 2000 in Vancouver British Columbia. 7. There have been no prior actions for divorce or annulment between the parties. 8. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. 9. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing i this, the Plaintiff does not desire that the Court require the parties to participate counseling. 10. Plaintiff and Defendant are citizens of the United States of America. 11. The parties have been separated since July 4, 2004 and continue to separated as of the date of this Complaint. 12. The parties' marriage is irretrievably broken. 13. Plaintiff desires a divorce based upon the belief that Defendant will, aft ninety days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree divorce. COUNT II INDIGNITIES 14. Paragraphs 1 through 13 are incorporated herein by reference as if se forth in their full text. 15. The Defendant has offered such indignities to Plaintiff as to rende Plaintiffs condition intolerable and life burdensome. WHEREFORE, Plaintiff prays your Honorable Court to: (a) Enter a decree, divorcing the Plaintiff from bonds of matrimony heretofor existing between Plaintiff and Defendant and (b) Order such other relief as the Court deems reasonable. COUNT III EQUITABLE DISTRIBUTION 16. Paragraphs 1 through 15 are incorporated herein by reference as if set forth in their full text. 17. Plaintiff and Defendant are joint owners of various items of persc property, furniture, household furnishings and a business acquired during tl marriage, which are subject to equitable distribution. 18. Plaintiff and Defendant have incurred debts and obligations during tl marriage, which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a dec equitably dividing the parties' property and equitably apportioning the debts incurred the parties. , A ,/ Date 28 Soutj Att Sfrdbt Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Respectfully Submitted TURO LAW OFFICES VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true a correct. I understand that false statements herein made are subject to the penalties Pa. C.S. §4904 relating to unsworn falsification to authorities. 10) 12 `l? ''CiA . Date Sandy Lee M ers CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Complaint in Divorc upon Justin D. Myers by certified return receipt and also depositing same in the Unite States First Class Mail at: Justin D. Myers 425 Steelstown Road Newville, PA 17241 TURO LAW OFFICES alen R. Waltz5Es' e 28 South Pitt S Carlisle, PA 17013 (717) 245-9688; FAX 717,245.2165 n (J ?° -COP 0 0 a w ? Sandy Lee Myers : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04- X45 `/ CIVIL TERM Justin D. Myers : CIVIL ACTION - CUSTODY Defendant CUSTODY COMPLAINT 1. Plaintiff is Sandy Lee Myers, an adult individual whose residence is at 425 Steelstown Road, Newville, Pennsylvania 17241, Cumberland County Pennsylvania. 2. Defendant is Justin D. Myers, an adult individual whose residence is at 425 Steelstown Road, Newville, Pennsylvania 17241, Cumberland County Pennsylvania. 3. Plaintiff seeks primary and physical custody of her son, Aaron Walter Myers, who was born September 30, 2001. 4. Since the childs birth, the child has resided at the following addresses: Name Address Dates Justin D. Myers 425 Steelstown Road, Newville, PA 17241 9/30/2001 to present. 5. The relationship of the Plaintiff to the child is that of natural mother. 6. The relationship of the Defendant to the child is that of natural father. 7. The Plaintiff and Defendant are currently married; however, an action in divorce has been filed simultaneous with the filing of the complaint for custody. 8. Plaintiff has not participated as a party or in any other capacity in other litigation concerning the custody of Aaron Walter Myers in this or any other court. 9. Plaintiff is participating in a modification of custody proceeding involving her son, Justin Michael Vioral in Cumberland County at docket # 97-6915. 10. Simultaneous with the filing of this Complaint for Custody a filing has been made for Modification of Custody involving Justin Michael Vioral. 11. Eric Vioral, father of Justin Michael Vioral, has been provided notice of a Modification of Custody as it relates to the Vioral child. 12. No other persons are known to have or claimed to any right to custody or visitation of the child other than the natural fathers who have been listed within this complaint and in the Modification of Custody Complaint filed at 97-6915. 13. The best interest and the permanent welfare of the child, Aaron Walter Myers, will be served by granting the relief requested: a. The Plaintiff has been the parent who has primarily provided the care and nurturing for the child. b. The child has a psychological bond both with his stepbrother, Justin Vioral and the Plaintiff herein. c. The Plaintiffs herein employment will terminate as a result of the employer relocating to the state of Florida; the Plaintiff has been offered a position with the current employer that would result in substantial salary and health benefits improvement. d. The child/children will benefit from the Mother's advancement at her employment in Florida. 14. Each parent and parental rights to the child have not been terminated and the person who physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff request your Honorable Court order shared legal custody and provide primary physical custody of the child/children with their natural mother, Plaintiff herein and further that the court allow the Plaintiff to relocate to Florida with her child/children: In addition, Plaintiff seeks to have child visit with their natural fathers during lengthy school vacations and summer months of non-schooling; where the child is non-school age, the Plaintiff seeks liberal visitation with the Defendant that could be defined in alternating months or more or less frequent visitations as the parties could determine. Respectfully Submitted TURO LAW OFFICES Date en R.. Waltz, E? 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Custody Complaint 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. 2 Date Sandy Le%a yers CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Custody Complaint upon Justin D. Myers by certified return receipt and also depositing same in the United States First Class Mail. Justin D. Myers 425 Steelstown Road Newville, PA 17241 TURO DkW OFFICES 'Galen R. Waltz, Es e 28 South Pitt StrQjkr Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 'r D Q ^O V 1 C? f l CA1 (<J 1 c> I1 ._q fll 1 ,. ?..ft SANDY LEE MYERS IN THE COURT OFCOMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. 04-5154 CIVIL ACTION LAW JUSTIN D. MYERS IN CUSTODY DEFENDANT 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 Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday., November 23, 2004 at 9:30 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 Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By _ /s/ TacqueEneM. Yemen; Esq. mnc Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the 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 tiQ ?.of MAR 0 9 2005 SANDY LEE MYERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-5154 CIVIL TERM JUSTIN D. MYERS, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 8ch day of March, 2005, the Conciliator being notified that the parties have reconciled, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, Mcqu ine M. Verney, Esquire, Custod Conciliator a :: Sandy Lee Myers : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04- 5-E,5-q CIVIL TERM Justin D. Myers : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of the Complaint in Divorced filed in the above captioned case upon Justin Myers, by certified mail, return receipt requested and by United States First Class Mail contemporaneously therewith on October 13, 2004 addressed to: Justin Myers 425 Steelstown Road Newville, PA 17241 and did thereafter receive same as evidenced by the attached Post Office receipt card dated October 14, 2004,. 1 VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN j MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. TORO LAW OFFICES d G? Date en R. Waltz, Esc 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff m T r rm r, [r D Sandy Lee Myers : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04- 5154 CIVIL TERM Justin D. Myers : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on October 13, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. 1 consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ?qzl 6 Date Sandy L. ers n p n mss, ? ?,? 1?-': ?J - In rn Sandy Lee Myers : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-5154 CIVIL TERM Justin D. Myers : CIVIL ACTION - LAW Defendant : IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 4 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. c 21 - Date Sandy L. My s C? o O C. rn -ri m M r:, { ; 71- 27 SANDY LEE MYERS, Plaintiff v JUSTIN D. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5154 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on October 13, 2004. 2. Defendant acknowledged receipt and accepted service of the Complaint on October 14, 2004. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. 1 consent to the entry of a final decree in divorce without notice. 5. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. 1 understand that I will not be divorced until a divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 7. 1 have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: oG J stin D. Myers, Defendant Q d "CS iT' ? elf" Fn GYr_. - n ? , r m Sandy Lee Myers : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-5154 CIVIL TERM Justin D. Myers : CIVIL ACTION - LAW Defendant : IN DIVORCE 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. Ground for divorce: irretrievable breakdown under § (3301(c)) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service, by Attorney, Justin D. Myers, Defendant, Certified Return Receipt Requested delivered on or about October 14, 2004. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code. By Plaintiff: August 21, 2006 By Defendant: August 18, 2006 4. Related claims pending: None. Date the Waiver of Notice in §3301(c) divorce was filed with the Prothonotary: By Plaintiff: August 21, 2006 By Defendant: August 21, 2006 Attorney for Plaintiff N_ Cti fT-. G?'z rn? C { ? <; rn cn PROPERTY SETTLEMENT AGREEMENT THIS IS AN AGREEMENT made this 4/srday of August, 2006, by and between Justin D. Myers, of 425 Steelstown Road, Newville, Cumberland County, Pennsylvania,(hereinafter referred to as Husband) and Sandy L. Myers, of 639 Grahams Woods Road, Newville, Cumberland County, Pennsylvania, (hereinafter referred to as Wife). WHEREAS, Husband and Wife were married on May 23, 2000, in Vancouver, Canada; and WHEREAS, various differences have arisen between Husband and Wife, whereby a divorce action was commenced October 13, 2004 and Husband served October 14, 2004; and WHEREAS, the parties have agreed to maintain separate and permanent domiciles and to live apart from each other; and WHEREAS, the parties desire to enter into an amicable settlement to provide for all of the property rights of the parties and to dispose of the rights and obligations of each to the other in respect to support, maintenance, alimony, counsel fees, equitable distribution, and all other rights and obligations under the Divorce Code of 1980, as amended, and it is the intention and agreement of the parties that this Agreement be a full, complete and final settlement of all of those rights and obligations under said Divorce Code; and NOW, THEREFORE, for and in exchange of mutual considerations, and intending to be bound by the provisions hereof, the parties agree that their recitals form a part of this Agreement and waive any right to counseling under the Divorce Code of 1980, as amended, and right to counsel fees, costs, alimony, support, maintenance, and any other rights under the said Divorce Code not provided for herein and agree as follows: 1. SEPARATION. The parties agree that it shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time-to-time, choose or deem fit. Each party shall be free from interference, authority or contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement and as may be necessary to exchange information that pertains to the parties' minor child. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart, from the other. 2. REAL ESTATE. Husband and Wife own the marital residence located at 425 Steelstown Road, Newville, Pennsylvania. The marital residence presently has an outstanding mortgage in favor of Cornerstone Federal Credit Union in the amount of $80,000.00. Wife shall deed any rights, title and interest she has in the marital residence to Husband at such time Husband pays sum of $14,000.00 to Wife, both within 10 days of the signing of this Agreement. Husband previously paid $6,000.00 to Wife for a total of $20,000.00. Husband shall refinance the property with Orrstown Bank and solely bear the financial responsibility of the property. Husband shall be solely responsible for all mortgage payments, liabilities, taxes, assessments, insurance and the cost of maintenance on the marital residence. Husband shall indemnify and hold Wife harmless from any liability, claims, causes of action, suits, or litigation for money owed, damages, indirect or consequential, including legal fees, arising out of failure of Wife to so pay such liens and encumbrances. Husband and Wife each have ownership in other properties and each waive any right to those properties. 3. AUTOMOBILES. Husband and Wife each have possession of their respective vehicles and none of them have outstanding loans. Each parry shall indemnify and hold the other harmless from and liability on any cost of repairs, maintenance, registration, insurance and/or inspection of the vehicle which each is taking as his/her sole and exclusive property. 4. PERSONAL PROPERTY. The parties shall divide equally the 2005 income tax refund for an amount of $1,850.00 each. The parties have divided or have agreed to a division of their personal property which includes bank accounts, certificates of deposit, life insurance policies, jewelry, clothing, furniture and other personal items. After the aforesaid division of the personal property is complete, any and all property in the possession of Husband shall be his sole and separate property. Any and all property in the possession of Wife shall be her sole and separate property. Each party forever renounces whatever claims he/she may have with respect to the property which the other is taking. Each party understands that he/she has no right or claim to any property acquired by the other after the signing of this Agreement. 5. PENSION/RETIREMENT PLANS. Wife hereby releases any and all claims or demands she may have on Husband's pension or retirement plans. Husband hereby releases any and all claims or demands he may have on Wife's pension or retirement plans. b. DEBTS. The parties represent and warrant to each other that neither has incurred any other debts nor made any other contracts for which the other or his/her estate may be liable, from date of separation forward. Neither party shall contract nor incur any debt or liability for which the other or his/her property or estate might be responsible and agrees to indemnify the other from any claims made against the other because of debtstobligations not incurred by the other. 7. CUSTODY. The parties shall share legal and physical custody of their son, Aaron W. Myers, born September 30, 2001. Husband shall have physical custody of Aaron no less than every other weekend from Friday after daycare/school until Monday morning for daycare/school and Tuesdays and Thursdays overnights. The parties can agree on any other times as their schedules dictate and as serves Aaron's best interest. The parties shall alternate years claiming Aaron on their tax returns with Husband having the even years and Wife having the odd years. At this time, Wife is providing for Aaron's health insurance and Husband is providing for daycare. At such time a s daycare is no longer an, expense, Husband agrees to provide for one- half of the health care expenses. This does not preclude Husband from procuring a health insurance policy for the child should he so choose. The parties agree to share in all of Aaron's other expenses and cost of living. 8. ALIMONY, ALIMONY PENDENTE LITE, SUPPORT OF SPOUSE. The parties waive any and all right to receive from the other any payment of alimony, alimony pendente lite, and/or spousal support. 9. EFFECTIVE DATE. The effective date of this Agreement shall be the date of execution by the parties if they had each executed the Agreement on the same date. Otherwise, the execution date of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 10. DIVORCE. A divorce action was initiated and filed at docket number 2004-5154 Civil Term in the Court of Common Pleas of Cumberland County on October 13, 2004. Both parties agree to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Sections 3301(c ) of the Divorce Code including waiver of all rights to request Court ordered counseling. 11. INCORPORATION INTO DECREE. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country, or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification and revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or its decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 12. MUTUAL RELEASE. Husband and Wife do hereby mutually remise, release, quit claim or forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at anytime hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy of claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption or similar allowance or under the intestate laws; or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary or all or other rights of the surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country or any right which either party may now have or at anytime hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 13. COUNSEL FEES. Each party individually covenants and agrees that he or she will individually assume the full and sole responsibility for legal expenses for his or her attorney and court costs in connection with any divorce action which may be brought by either party and shall make no claim against the other for such costs or fees. 14. 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 instruments or documents that may be reasonable required to give full force and effect to the provisions of this Agreement. 15. MODIFICATION OR WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 16. 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. 17. SEPARATE PARAGRAPHS. It is specifically understood and agreed by and between the parties thereto that each paragraph hereof shall be deemed to be a separate and independent agreement. 18. BREACH. If either party breaches any provision 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 Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing the rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her. 19. CONTROLLING LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 20. INVALIDITY OF PROVISIONS. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and, in all other respects, this Agreement shall be valid and continue in full force, effect and operation. 21. BINDING NATURE. Except as otherwise set forth herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: J *n D. Myers San. Myer COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss: On this the -` 4day of August, 2006, before me, Lindsay D. Baird, the undersigned officer, personally appeared Justin D. Myers, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained, In witness whereof, I hereunto set my hand and official seal. A L) N ary Public Nourial Seal IJ24ay D. Baud. Notary Public CaAbk 13m, Cumberland Ceunty 1Ay Commlakn Expires Oct. 21, 2006 AN~,P&TO/W atwAaNdAM01Naleft COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss: On this the -2 day of August, 2006, before me, cSr-iA . 1y( + the undersigned officer, personally appeared Sandy L. Myers, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained, In witness whereof, I hereunto set my hand and official seal. NOtANALSEAL f4 01W & AMN,111, NOTARY PUBLIC CARIALEBOROUGH,CAU1MOFCUMBERLAND MY COMMISSION O PIRES OCTOBER 22, 2006 G *? a d ° 7 cn sa L ? y N n? SANDY L. MYERS, Plaintiff V. JUSTIN D. MYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5154 IN DIVORCE PETITION FOR MODIFICATION OF CUSTODY ORDER NOW COMES Sandy L. Myers, by and through her counsel, Saidis, Flower & Lindsay, and petitions this Honorable Court as follows: 1. Petitioner is Sandy L. Myers who resides at 639 Grahams Woods Road, Newville, Cumberland County, Pennsylvania. 2. Respondent is Justin D. Myers who resides at 425 Steelstown Road, Newville, Cumberland County, Pennsylvania. 3. The parties are parents of a child, Aaron W. Myers, born September 30, 2001. 4. Custody of Aaron is controlled by a Property Settlement Agreement ?AIDIS, :AVER & 1NDSAY West High Street Carlisle, PA incorporated but not merged into a Decree in Divorce on August 23, 2006 to the above caption. A copy of the Decree in Divorce and the custody provision of the Property Settlement Agreement is attached hereto as Exhibit "A". Since the entry of a Decree in Divorce incorporating the custody provisions, certain disputes have arisen between the parties which require a modification of the Custody Order as to a holiday schedule, vacation schedule, the "right of first refusal", and the manners in which the parties communicate, one with the other, as well as with the arrangements for transportation during periods of custody to the parties. 5. The child is suffering significant behavioral problems both at his school and at his daycare center and the parties have not been able to agree as to a course to address those problems. WHEREFORE, Petitioner prays this Court to modify its Order of Custody. SAIDIS, FLOWER & LINDSAY I Carol J. Lindsay, ire Supreme Court ID o. 4469 26 West High Str t Carlisle, PA 13 717-243-6222 Dated: December 3, 2007 QVVER & JMSAY West High Street Carlisle, PA ++ T ' • N,V_ T . . - - _ _ - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. 4 Sandy L. Myers Pla- intiff VERSUS Justin D. Myers Defendant No. 04-51 54 DECREE IN DIVORCE AND NOW, August 23 DECREED THAT Sandy L. Myers AND Justin D. Myers ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAD DERHICH NOT BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL HAS YET BEEN ENTERED; /th,-A'?? Separation and Property Settlement Agreement is incorporated + herein but not merged in the Divorce Decree + + I? r ? By HE COURT* Edgar B. Bayley + \? ` ATTEST: + ?} OPGROTHONOTARY + e tember 5 { ' ``a«' Certified COPY Issued: Sp 2006 , IT IS ORDERED AND PROPERTY SETTLEMENT AGREEMENT THIS IS AN AGREEMENT made this day of August, 2006, by and between Justin D. Myers, of 425 Steelstown Road, Newville, Cumberland County, Pennsylvania, (hereinafter referred to as Husband) and Sandy L. Myers, of 639 Grahams Woods Road, Newville, Cumberland County, Pennsylvania, (hereinafter referred to as Wife). WHEREAS, Husband and Wife were married on May 23, 2000, in Vancouver, Canada; and WHEREAS, various differences have arisen between Husband and Wife, whereby a divorce action was commenced October 13, 2004 and Husband served October 14, 2004; and WHEREAS, the parties have agreed to maintain separate and permanent domiciles and to live apart from each other; and WHEREAS, the parties desire to enter into an amicable settlement to provide for all of the property rights of the parties and to dispose of the rights and obligations of each to the other in respect to support, maintenance, alimony, counsel fees, equitable distribution, and all other rights and obligations under the Divorce Code of 1980, as amended, and it is the intention and agreement of the parties that this Agreement be a full, complete and final settlement of all of those rights and obligations under said Divorce Code; and NOW, THEREFORE, for and in exchange of mutual considerations, and intending to be bound by the provisions hereof, the parties agree that their recitals form a part of this Agreement and waive any right to counseling under the Divorce Code of 1980, as amended, and right to counsel fees, costs, alimony, support, maintenance, and any other rights under the said Divorce Code not provided for herein and agree as follows: 1. SEPARATION. The parties agree that it shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time-to-time, choose or deem fit. Each party shall be free from interference, authority or contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement and as may be necessary to exchange information that pertains to the parties' minor child. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart, from the other. 2. REAL ESTATE. Husband and Wife own the marital residence located at 425 Steelstown Road, Newville, Pennsylvania. The marital residence presently has an outstanding mortgage in favor of Cornerstone Federal Credit Union in the amount of $80,000.00. Wife shall deed any rights, title and interest she has in the marital residence to Husband at such time Husband pays sum of $14,000.00 to Wife, both within 10 days of the signing of this Agreement. Husband previously paid $6,000.00 to Wife for a total of $20,000.00. Husband shall refinance the property with Orrstown Bank and solely bear the financial responsibility of the property. Husband shall be solely responsible for all mortgage payments, liabilities, taxes, assessments, insurance and the cost of maintenance on the marital residence. Husband shall indemnify and hold Wife harmless from any liability, claims, causes of action, suits, or litigation for money owed, damages, indirect or consequential, including legal fees, arising out of failure of Wife to so pay such liens and encumbrances. Husband and Wife each have ownership in other properties and each waive any right to those properties. 3. AUTOMOBILES. Husband and Wife each have possession of their respective vehicles and none of them have outstanding loans. Each party shall indemnify and hold the other harmless from and liability on any cost of repairs, maintenance, registration, insurance and/or inspection of the vehicle which each is taking as his/her sole and exclusive property. 4. PERSONAL PROPERTY. The parties shall divide equally the 2005 income tax refund for an amount of $1,850.00 each. The parties have divided or have agreed to a division of their personal property which includes bank accounts, certificates of deposit, life insurance policies, jewelry, clothing, furniture and other personal items. After the aforesaid division of the personal property is complete, any and all property in the possession of Husband shall be his sole and separate property. Any and all property in the possession of Wife shall be her sole and separate property. Each party forever renounces whatever claims he/she may have with respect to the property which the other is taking. Each party understands that he/she has no right or claim to any property acquired by the other after the signing of this Agreement. 5. PENSION/RETIREMENT PLANS. Wife hereby releases any and all claims or demands she may have on Husband's pension or retirement plans. Husband hereby releases any and all claims or demands he may have on Wife's pension or retirement plans. 6. DEBTS. The parties represent and warrant to each other that neither has incurred any other debts nor made any other contracts for which the other or his/her estate may be liable, from date of separation forward. Neither party shall contract nor incur any debt or liability for which the other or his/her property or estate might be responsible and agrees to indemnify the other from any claims made against the other because of debts/obligations not incurred by the other. 7. CUSTODY. The parties shall share legal and physical custody of their son, Aaron W. Myers, born September 30, 2001. Husband shall have physical custody of Aaron no less than every other weekend from Friday after daycare/school until Monday morning for daycare/school and Tuesdays and Thursdays overnights. The parties can agree on any other times as their schedules dictate and as serves Aaron's best interest. The parties shall alternate years claiming Aaron on their tax returns with Husband having the even years and Wife having the odd years. At this time, Wife is providing for Aaron's health insurance and Husband is providing for daycare. At such time a s daycare is no longer an. expense, Husband agrees to provide for one- half of the health care expenses. This does not preclude Husband from procuring a health insurance policy for the child should he so choose. The parties agree to share in all of Aaron's other expenses and cost of living. 8. ALIMONY, ALIMONY PENDENTE LITE, SUPPORT OF SPOUSE. The parties waive any and all right to receive from the other any payment of alimony, alimony pendente lite, and/or spousal support. 9. EFFECTIVE DATE. The effective date of this Agreement shall be the date of execution by the parties if they had each executed the Agreement on the same date. Otherwise, the execution date of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 10. DIVORCE. A divorce action was initiated and filed at docket number 2004-5154 Civil Term in the Court of Common Pleas of Cumberland County on October 13, 2004. Both parties agree to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Sections 3301(c ) of the Divorce Code including waiver of all rights to request Court ordered counseling. 11. INCORPORATION INTO DECREE. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country, or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification and revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or its decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 12. MUTUAL RELEASE. Husband and Wife do hereby mutually remise, release, quit claim or forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at anytime hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy of claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption or similar allowance or under the intestate laws; or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary or all or other ri ghts of the surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country or any right which either party may now have or at anytime hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for he breach of any provision thereof. 13. COUNSEL FEES. Each party individually covenants and agrees that he or she will individually assume the full and sole responsibility for legal expenses for his or her attorney and court costs in connection with any divorce action which may be brought by either party and shall make no claim against the other for such costs or fees. 14. 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 force any and the and all ft toter instruments or documents that may be reasonable required to give full provisions of this Agreement. 15. MODIFICATION OR WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 16. 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. 17. SEPARATE PARAGRAPHS. It is specifically understood and agreed by and between the parties thereto that each paragraph hereof shall be deemed to be a separate and independent agreement. 18. BREACH. If either party breaches any provision 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 parry breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing the rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her. 19. CONTROLLING LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 20. INVALIDITY OF PROVISIONS. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and, in all other respects, this Agreement shall be valid and continue in full force, effect and operation. 21. BINDING NATURE. Except as otherwise set forth herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: Ju in D. Myers 114 S . Mye VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. L. My Date: )'a.3-D-1 3AMIS, ONWR & JNDSAY ATtnMEY -0 uw West High Street Carlisle, PA a w pA? M W Q '^O V ± TC,.-. yi G SANDY L. MYERS, Plaintiff V. JUSTIN D. MYERS, Defendant s0 20 0 : IN THE COURT OF COMMON PLEAS OF i : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-5154 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this day of , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The custody provision incorporated into the Divorce Decree in the Order of Court dated August 23, 2006 is hereby vacated. 2. The Mother, Sandy L. Myers and the Father, Justin D. Myers, shall have shared legal custody of Aaron W. Myers, born September 30, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. The parents shall have shared physical custody on a alternating 3/2/2 day schedule. The three day period shall be Friday after school to Monday morning, and the parents shall alternate these weekends. 4. Holidays: A. Christmas shall be divided into two blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. B. Mother shall have physical custody of the child on Mother's Day from 9:00 a.m. to 6:00 p.m. Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 6:00 p.m. C. Easter shall be alternated by the parties from 9:00 a.m. to 6:00 p.m. Father shall have even numbered years and Mother shall have odd numbered years. 5. The parties shall have physical custody of the child for two non consecutive weeks in the summer, to coincide with their weekend schedule, provided they give the other party 30 days prior notice. 6. In the event that the custodial parent is in need of daycare for more than 24 hours, they shall contact the non-custodial parent and offer said time to them. In the event that the non-custodial parent cannot take custody of the child, the custodial parent shall be responsible for finding appropriate daycare. 7. Neither party shall do or say anything, or permit a third party to do or say anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love and affection for the other party. The parties shall honor any request to communicate through email. 9. The parties shall continue to maintain the child's therapy with Ann Leady and cooperate with William Thomas in obtaining a second diagnostic opinion. 10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order sh"ntrol BY THE QOURT P.J. c? 1 J. Lindsay, Esquire, Counsel for Mother indsay D. Baird, Esquire, Counsel for Father err 0 02 cl- Ct4 ? ""loc C's cry c+ N SANDY L. MYERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-5154 CIVIL ACTION - LAW JUSTIN D. MYERS, Defendant : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Aaron W. Myers September 30, 2001 shared 2. A Conciliation Conference was held in this matter on January 29, 2008, with the following in attendance: The Mother, Sandy L. Myers, with her counsel, Carol J. Lindsay, Esquire, and the Father, Justin D. Myers, with his counsel, Lindsay D. Baird, Esquire. 3. A prior Order of Court (Decree of Divorce incorporated the parties' Settlement Agreement that included a custody provision) was entered by the Honorable Edgar B. Bayley dated August 23, 2006 providing for shared legal custody and shared physical custody. 4. The parties agreed to an Order in the form as attached. 1 -31-9 -a Date ? QFZq-&11neM. Verney, Esquire Custody Conciliator