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HomeMy WebLinkAbout02-0628DONALD I. MYERS, Plaintiff V. TAMMY L. MYERS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Oa- a.aP CIVIL ACTION - LAW 1N DIVORCE NOTICE TO: Tammy L. Myers 490 Crossroads School Road Carlisle, PA 17013 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 DONALD I. MYERS, Plaintiff V. TAMMY L. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O2 &, XP CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN I)IVORCE 1. The Plaintiff is Donald I. Myers, an adult individual currently residing at 381 Kerrsville Road, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Tammy L. Myers, an adult individual who curremly resides at 490 Crossroads School Road, Carlisle, Cumberland County, Pennsylvania. 3. The Defendant has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaimiff and Defendant were married on May 22, 1979, in Newville, Cumberland County, Pennsylvania. 5. Plaintiff's Social Security Number is 167-40-0056. Defendant's Social Security Number is 167-54-6647. 6. Neither Plaimiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There have been no prior actions of divorce or for annulment between the parties. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. I, Donald I. Myers, hereby certify that the facts set forth in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Date: Do~al)I. Myers ~ ' Document #: 212886.1 DONALD I. MYERS, : Plaintiff : : V. : : TAMMY L. MYERS, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 02-628 CIVIL ACTION - IN DIVORCE AFFIDAVIT OF SERVICE I, Melissa L. Van Eck, counsel for Plaintiff, Donald I. Myers, hereby certify that a tree and correct copy of the Complaint in Divorce was served upon the following, by certified mail, return receipt on February 9, 2002. Attached hereto, marked as Exhibit "A" and incorporated herein by reference is a copy of the return receipt card indicating service upon: Tammy L. Myers 490 Crossroads School Road Carlisle, PA 17013 (Defendant) Date: February 12, 2002 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Mel~ J~ )an~E~quir-e~' I.D. No. 85869 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 (Attorney for Plaintiff) (Donald I. Myers) Document #: 227312.1 Exhibit A · Complete items 1,2. and 3. Also complete item 4 if Restricted Delivery is dC, Sited. · Print your name and address on the reveme so that we can return the card to you. · Attadh thls card to the back of the mailplece, or on the front if space pem3its. 1. Adicle Addr~ed to: if YES, [] Agent [] Addressee from item 17 []Yes delivery address below; [] No TAMMY L. MYERS 490 CROSSROADS SCHOOL ROAD CARLISLE PA 17013 I 31 Se~ice Type ~ Certified Malt [] Exp~ss MaN ~ Registered [] Return Receipt for Merchandise [] Insured Ma~l, r-i C.O.D. 4. Restricted Deliver? (F~tra Fee) [] Yes 2. A~icte Number (Copy ~ serv/ce ,,?g,00. 1670 00,11 4508 3704 , , , ~ PS Form 3811, July 1999 Domestic Rets0 Receipt 102595q)0-M~ce52 UNITED STATES POSTAL SERVICE Postage & Fees Pa' USPS Permit No. G-10 ] · Sender: Please print your name, address, and ZIP+4 in this box · MELISSA L VAN ECK ESQUIRE 3211 NORTH FRONT STREET PO BOX 5300 HARRISBUKG PA 17110-0300 DONALD I. MYERS, : Plaintiff : V. : TAMMY L. MYERS : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-628 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) and (d) of the Divorce Code was filed on February 5, 1002, and served upon Defendant on February 9, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: 2~/~.~d)o2 Document #: 234421.1 DONALD I. MYERS, : Plaintiff : V. : TAMMY L. MYERS : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-628 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: ' ALD I. MYER~/ - ~ Document #: 234421.1 DONALD I. MYERS vS TAMMY L. MYERS Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY. : PENNSYLVANIA : : CIVIL ACTION - LAW : : NUMBER 2002-628 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on FEBRUARY 5, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing 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 herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities. Date: DONALD I. MYERS VS TAMMY L. MYERS Plaintiff DefendAnt : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION - LAW : : NUMBER 2002-628 CIVIL TERM : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 3301(c) OF THE DIVORCE CODE 1. I consent to the ent~ of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lavoyer'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 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 herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unswom falsification to authorities. Date: JOHN DIETRICH, : Petitioner : : V. : : COMMONWEALTH OF PENNSYLVANIA : DEPARTMENT OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING, : Respondent : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-0728 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of July, 2002, this matter having been called on an appeal from a suspension of operating privilege, defendant having appeared and withdrawn the appeal, the appeal is dismissed. By the Court, Edgar B. Bayle~, J. /~eorge H. Kabusk, Esquire For the Department of Transportation /Kenneth F. Lewis, Esquire For John Dietrich Sheriff prs DONALD I. MYERS, Plaintiff V. TAMMY L. MYERS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-628 CIVIL ACTION - LAW IN DIVORCE PR AECIPE TO TR AN,~MIT RF~CORl~ TO THE PROTHONOTARY: Kindly 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. Date and manner of service of Complaint: A Complaint in Divorce was filed on February 5, 2002. Served upon Defendant: via certified and first class mail on February 9, 2002. Affidavit of Service filed on February 13, 2002. A copy of the Affidavit of Service is attached hereto as Exhibit "A." Complete either paragraph (a) or (b): (a) Date of execution of Plaintiffs and Defendant's Affidavits of Consem required by Section 3301(c) of the Divorce Code and Waivers of Notice of Intention to Request Entry of a Divorce Decree under Section 3301 (c) of the Divorce Code, pursuant to Pa.R.C.P. 1920.42(e)(1): Plaintiff- Signed on July 15, 2002, and filed July 24, 2002. Defendant- Signed on July 11, 2002, and filed July 24, 2002. Attached hereto as Exhibit "B." Document ii: 22681Z I (b)(1) Date of execution of Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: n/a (2) Date of service of the Plaintiffs Affidavit upon the Defendant: n/a Complete the appropriate paragraphs: (a) Related claims pending: All claims have been resolved by a signed Marital Settlement Agreement dated November 13, 2001, and Addendum thereto dated July 11, 2002. Attached hereto as Exhibit "C." 5. (a) Date and manner of service of the Notice of Intention to File Pmecipe to Transmit Record, if the Decree is to be entered under §3301(d)(1)(i) of the Divorce Code: n/a (b) Date Plaintiff's Waiver of Notice in §3301(c) Divome was filed with the Prothonotary: July 24, 2002. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: July 24, 2002 Attached as Exhibit "D". METZGER, WICKERSHAM, KNAUSS & ERB Melissa L. Van Eck, EsqUire Attomey Id. 85869 3211 North Front Street PO Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff DonaM I. Myers Date: August ,2002 Document ii: 239989.1 ADDENDUM TO AGREEMENT DATED NOVEMBER 13, 2001 THIS AGREEMENT made and entered into this//g day of JULY, 2002, by and between DONALD I. MYERS, hereinafter "Husband" and TAMMY L. MYERS, hereinafter "Wife" shall be an amendment and modification of the Agreement dated November 13, 2001, setting forth various provisions for the settlement of claims for equitable distribution of marital assets pursuant the Divorce Code. WITNESSETH: 1. That the parties have emered into this modification of Paragraph 6, Real Estate, such that it is hereby agreed that Husband and Wife, shall transfer all of their right, rifle, and interest in and to the jointly owned real estate in West Penngboro Township, Cumberland County, Pennsylvania, to Husband, in consideration for which Husband shall re-finance and pay in full all sumq currently owing to the Farmers National Bank of Newville on account of the mortgage secured by said real estate. Husband shall accomplish this re-finance within sixty (60) days of the date of this agreement and Wife shall execute a Deed in accordance with this agreement at such time as Husband notifies her of date and time of the re-finance settlement. Wife shall have no further obligations with respect to said real estate or said mortgage. 2. That in all other respects the parties ratify and adopt as continuing in full force and effect, the terms of the November 13, 2001, Agreement. IN WITNESS Wl:IEREOF, parties have hereunto set their hands and seals intending to be legally bound hereby the day and year first above-written. Witness: DONALD I. MYERS / (SEAL) (SEAL) THIS AGREEMENT MADE AND ENTERED INTO this /~/~ day of /~)f~, 2001 by and between DONALD I; MYERS, of West Peunsboro Township, Cumberland County, Pennsylvania, hereina~erlcalled "Husband", and TAMMY L. MYERS, of West Penn~boro Township, Cumberland County, Pennsylvania, hereinafter called "Wife", 'WHEREAS, Husband and Wife were lawfully joined in marriage on May 22, 1979, and, "' WHEREAS, the ~arfies hereto desire to enter into a Stipulation and Agreement for equitable distribution Sfthe marital property owned either jointly as tenants by the entireties or individually ih their ov~ right but including all property which would fall within the definition of marital property pursuant to the Divorce Code, Section 401 (e). NOW, THE~REFORE' WITNESSETH, that for and in consideratiOn of the premises, mutual covenanis and promises hereinafter made, and intending to be legally bound hereby, Husband .and Wife do hereby contract and agree as follows: 1. REPRESENTATION BY COUNSEl.: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of his or her selection; that Wife has b6en independently represented by counsel, Sally J. Winder, Esquire. and the Husband. aware o£his right to legal representation, has not been represented by counsel. 2. i~al~.P~l~: Husband and Wife may and shall at all times hereafter, live separate and apart. Each shall be free fxom all control, restraint, interference or authority, direct or indirect, by the other in all respects as if he or she may select. Each may for his or her separate use or benefit conduct, carry on and engage in any business, occupation, profession, or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness of the causes which led to or resulted in the continuation of their living apart. Husbaud and Wife shall not molets, harass, disturb, or malign each other or the respective famihes of eadh other or compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 3. MUTUAL ESTATE WAIVER: Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other of the estate of each other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interest, or claims in or again.~t the property (including income and gain from property hereafter accruing) of the other or again~ the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at an.v time hereafter m~' have againi~t such other, the estate of such other or any part thereof, whether arising out of aq? former acts. contracts, engagements or liabilities of such other or by way of dower or cu~tesy 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 other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania. (b) any state, commonwealth or territory in the United States. or (c) any other country, or any rights which Wife may have or at any time herea~er have or have for past, present or future support or maintenance, alimony, alimony pendente life, 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 thereof. It is the intemion of Husband and Wife to give to each other by the execution of the 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 thereof, subject, however to the implementation and satisfaction of the conditions precedent as set forth herein above. Each of the parties hereto further waive any right of election contained in Chapter 22 of the Pennsylvania Probate, Estates, and. Fiduciaries Code. 4. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that they have prior to the execution of this Agreement, divided the marital personal property. including, but without limitation, jewelry, clothes, furniture and other personaliw and hereafter Wife agrees that all of the property in possession of Husband shall be the sole and separate property of Husband; and, Husband agrees that all property, in the possession of Wife shall be the sole and separate property of Wife. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above items which are the sole and separate property of the other. Husband and Wife agree that the A. C. WD tractor attachments and posthole digger have bccn gifted to their daughter, Tisha L. Davis, free and clear of any claims by the parties hereto. 5. The parties agree to transfer the title to the jointly tilted 1997 Jeep to the Wife's name only. The parties further agree that the 1997 Eagle Talon and 1995 Jeep titled in Husband's name shall be considered the sole and separate property of Husband. 6. I{.F-~I.~&T.A]~: Husband and Wife axe deed title owners of the real estate and improvements thereon, situate in West Pennsboro Township, Cumberland County, Pennsylvania. Said real estate is encumbered by a mortgage to Farmers National Bank of Newville, Pennsylvania, having a current principal balance of approximately $42,800.00. The parties agree that the parcel consisting of 1.5 acres, more or less, being improved with a dwelling house and outbuilding will be conveyed to Wife. The parties acknowledge that this property is encumbered by a mOrtgage loan to Farmers National Bank of Newville in the original amount of $44,500.00. The current balance of $39,967.57 shall be paid one-half by Husband and one-half by Wife. 7. Husband and Wife do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made bv either of them to the other for the purposes set forth in the preamble; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to wxiting and signed by both of the parties; and the waiver of any ten,,, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other terms, conditions, clauses or provisions of this Agreement. 8. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon 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. 9. If any term. cOndition, clause or provision of this Agreement shall be determined or declared to be void or invalid or otherwise, then only that te~m, condition, 4 clause or provision shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one Or more of the paragraphs, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 10. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 11. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue in law or in equity, to enforce such rights and remedies which the parE,' may have, and the party breaching this Agreement shall be responsible for the reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement 12. WAIVER OF RETIREMENT CLAIM: Husband and Wife acknowledge that both Husband and Wife are employed at Thornwald Home, Carlisle, Pennsylvani~ where they have accumulated certain retirement benefits. Each of the parties does specifically waive, releaSe, renounce, and forever abandon all of their right, title, and interest or claim, whatever it may be, in any pension, retirement, profit sharing plan or other plan of such a nature of the other party, whether acquired through said other party's employment or'otherwise, and hereafter said pension, retirement, profit sharing plan or other plan of such a nature shall become the sole and separate property of the party in whose name or through whose employment said plan is carried. This Agreement 'shall, except aS otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or aSsigns. IN WITNESS WI-IEREOF, the parties hereto have set their hands and seals the day and year first above written. This Agreement is executed in duplicate and in counterparts, and Husband and Wife, as parties hereto, acknowledge the receipt of a duly executed copy hereof. Witness: ~6~.~LiJ-I. I~YERS y (SE,XL) (SEAL) DONALD I. MYERS VERSUS TAMMY L. MYERS IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY STATE OF PENNA. NO. 02-628 DECREE IN DIVORCE AND NOW,~ DECREED THAT Donald I. Myers AND Tammy L. Myers ~~., IT ~S ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISD,CTiON OF THE FOLiOWiNG CLA, MS WHICH HAVE BEEN RaiseD Of rec~Rp_iN This ACTION For WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ~~