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Home My WebLink About05-3113 . CLOYD C. MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO. 05-J/13 CIVIL TERM MARSHA A. MYERS, 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 mm,t take prompt action. You are warned that if you fail to do so, the case may proceed without you. and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriag{' counseling. A list of marriage counselors is available in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE. CARLISLE. PENNSYLVANIA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE IUGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: 717-249-3166 ~ r~ Wayne F~, Esquire Supreme Court No. ]57]2 53 West Pomfret Street Carlisle, Pennsylvania ] 70] 3 Telephone: 7]7-243-0220 WAYNE F. SHADE Attorney at Law 53 West romfret Street Carlisle, Pennsylvania 170lJ Attorney for Plaintiff WAYNEF.SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 CLOYD C. MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO.05-3//3 CIVIL TERM MARSHA A. MYERS, Defendant : IN DIVORCE COMPLAINT DIVORCE 1. Plaintiff in this Action in Divorce is CLOYD C. MYERS, an adult individual who resides at 1116 Karen Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is MARSHA A. MYERS, an adult individual and citizen of the United States of America who resides 1116 Karen Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff has been a bona fide resident of Cumberland County, Pennsylvania, for more than six months previously to the filing of this Complaint and continuing to the commencement of this Action in Divorce. 4. Plaintiff and Dejendant were lawfully joined in marriage on February 10, 1994, in Royalton, Pennsylvania. . WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 5. The parties have been living separate and apart since April 19, 2000. 6. Plaintiff avers a~ the grounds on which this action is based that the marriage of the parties is irretrievably broken. 7. The only prior action for divorce of this marriage in Pennsylvania or in any other jurisdiction was docket.:d in this court to No. 00-2643 and was voluntarily discontinued by Plaintiff therein and herein on February 13,2003. 8. Both parties to this Action in Divorce are legally capable of managing their own concerns. 9. Defendant herein is not a member of the armed forces of the United States of America. -2- ~ WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 10. There were no children born to this marriage. 11. 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. WHEREFORE, Plaintiff demands judgment dissolving the marriage between the parties. WaY~~E~~ Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff -3- '" WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania ]7013 I verifY that the statements made in this pleading are true and correct. I understand that false statements herein are made subject to the penalties of]8 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: June 14,2005 ~/c~ Cloyd C. Myers ' ")'::::>C"'\ .--.. G' v \ \.l II ~ b ~ ~ & ~ -- ~ <:::) .~ ~ G' ~ (.\ lC".:' Co', ::::; -4 ,..> = "':-=- <J" <- (- :;;:1: q, .-I :(-D plf'- -nr~-' :-jCJ (') , ~~~ (,) -,,-.,-,,'-, (j....-";'- ~;~;. ~~ '.?\ :I?j '.:"': ~ - 0' ~ ,?C - - .r:- e.:> ~ CLOYD C. MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO. 05-3113 CIVIL TERM MARSHA A. MYERS, Defendant : IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any ofthe statements set forth in this Affidavit, you must file a counteraffidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIlDA VIT SECTION 3301<d) OF THE DIVORCE COI2E 1. The parties to this action separated on April ]19,2000, and have continued to live separate and apart for the purposes of the Pennsylvania Divorce Code for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, WAYNEF. SHADE lawyer's fees or expenses if! do not claim them before a divorce is granted. Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania ]7013 WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 4. The Defendant is not in the military service. I verifY that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: June 17, 2005 ~~~ Cloyd C. Myers r-:-' ....> ~ c:;:) c:..r'l L-, S ~'- / f'.) VJ ~ ...., 1:'_ -1;, "f1'r:. :~~8 ""I }., ':~\S:f', -C....n ,$,fl, };;C; .~ "10 -'I,.~ -' '-f? \'0 X- WAYNE F. SHADE Auomey at Law 53 West Pomfret Street Carlisle, Pennsylvania ]7013 CLOYD C. MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO. 05-3113 CIVIL TERM MARSHA A. MYERS, Defendant : IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): X (a) I do not oppose the entry of a Divorce Decree. ~ (b) I oppose the entry of a Divorce Decree because Check (I), (ii) or both: (i) The parties to this action have not lived separate and apart for a period of at least two (2) years. ~ (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): ~ (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. ~ (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle. Pennsylvania 170]3 fail to do so before the date set forth on the Notice ofIntention to Request Divorce Decree, the Divorce Decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this Counteraffidavit 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 authoritil:s. Date: C, - If - ,2005 ~, Marsha A. Myers NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKIB: ANY CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE THIS COUNTERAFFIDA VIT. ~ 0 "'" ~ t~ C-, <=> CJl C._ -< I,~; :t::!] , , c:: j1....C .,,;;~~ :g'~ 1'-' W ()!~? , ." () (.'") '-f! ;?";.Tl ::-.:\ 1''' ?5 J;:- ..< WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pem\syl"al'lia 17013 CLOYD C. MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO. 05-3113 CIVIL TERM MARSHA A. MYERS, Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under g3301(d) of the Divorce Code. 2. The date and manner of service of the Complaint were June 18, 2005, by certified United States mail, postage prepaid, return receipt requested, addressee only. 3. (1) Date of execution of Plaintiffs Affidavit required by g3301(d) of the Divorce Code: June 17,2005; (2) date of service of Plaintiffs Affidavit upon the Defendant: June 18,2005; (3) date of execution of Defendant's Counter-Affidavit confirming lack of opposition to entry of a Divorce Decree and lack of claims for economic relief: June] 8, 2005. 4. Related claims pending: None. Date: June 23, 2005 tV~.. E~ Wayne . Shade Attorney for Plaintiff .--> ,'.~ c;;...., cJ' L_ S ~- N <;..:> -0 o -n ...-\ -r ffi2 -0(0 -Ot '-,:) 'I .,,-, ~, .,._-r. ;~')~ ;;;-~rn , -~1 :q .- -,"'" ~ N ut WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 1700 CLOYD C. MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO. 05-3113 CIVIL TERM MARSHA A. MYERS, Defendant : IN DIVORCE AFFIDAVIT OF SERVICE WAYNE F. SHADE, ESQUIRE, certifies that he is counsel for Plaintiff in the above-captioned matter, that he did, on June 17,2005, serve the Complaint in Divorce, Plaintiffs Affidavit Section 3301(d) of the Divorce Code and Counter-Affidavit Under Section 3301(d) of the Divorce Code in the above-captioned matter upon Defendant by certified United States mail, postage prepaid, return receipt requested, addressee only, and that the same was received by Defendant on June 18,2005, as evidenced by the return receipt card attached hereto bearing Certified No. 7099 3400 0018 5044 8547. It is understood that false statements herein are made subject to the penalties of 18 Pa.C.S. g4904 relating to unsworn falsification to authorities. Date: June 21, 2005 ~ f.%"~ Wayne ~de CJ CJ ;. _~~:~~_];~~;h~_~::K~~~~~Y~:f_o;~~~~~~_~:._~_a_i~~~)_ a- 11'1t'1<a~'irNtlrive a- ~ -~~~ill~;r~':----PA-i7-oi3----m_.-----.----- r'- ~ Ul '" ~ ~ CJ Ul $ .83 2.30 1. 75 3.50 $8.38 Postage Certified Fee Return Receipt Fee I;[J (Endorsement Required) r'l CJ CJ Restricted Delivery Fee (Endorsement Required) Total Postage & Fees . Complete 1,l!, iIIncl!3. ~em 4 If _ DelIvery is deetr8d. . Print your name iIIncl _ on the ........... so that we can return the card to you. . Attach this card to the beck of the mellpjece, or on the front If space permlts. 1. ArtlcIeAd_to: Ms. Marsha A. Myers 1116 Karen Drive Carlisle, PA 17013 2. Article Number (Transfer from service label) PS Form 3811. Auguot 2001 Postmark Here June 17. 2005 B. "-tl'-af D.Is~___ 1? Dyes " YES, enter dolIvoty _ boIow: D No CJ Express Mail o Return Receipt for Merchandise DC.a.D. --II' .. 7099 3400 0018 5044 8547 ~ AoIum ....,.. '~T o " ::;:I m;.:Q ~--,., " _:-;'''._, G' .,--, ::.,,,",",,' (~~ ;,~') 1'T1. ~:;~! ?.o .-< (.,) f'...:J - :+;:+;:+; :+;;ti:+; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . :+;:+; :+; :+; <f.;Ii:t:;t':t; '+' <f. ~~ . . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF CLOYD C. MYERS, Plaintiff VERSUS MARSHA A. MYERS, . . . . . . . Defendant . . . . . . . . . . . . . . . . . AND NOW, DECREED THAT AND . . No. DECREE IN DIVORCE .JUlS)c,... z..<j CLOYD C. MYERS MARSHA A. MYERS ARE DIVORCED FROM THE BONDS OF MATRIMONY. . PEN NA. 05-3113 CIVIL TERM 2.o~, IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :f. 'f.:+. 'f.+ . THE COURT RETAINS JURISDICTION OF THE FOL.LOWING CLAIMS WHICH HAVE . . . . . . . . . . . . . . . YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT None . . . . . . . . . . . . . . . . . :f:.,:t;:+; . . . . . . . . By THE COURT' ATTE . .. . . fc/{ PROTHONOTARY . . 'f."':t;'f.'f.'f. 'f."'''' J. .L ~ ~ 5rJ?L ..,I7'r ;;.- y.p.pV 50' 'u ~~ -? - . .' - .~. '.. ,).. "'~ JOSEPH L. SIPES, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05 - 3114 CIVIL TERM TAMMY JO SIPES, DEFENDANT IN DIVORCE AFFIDAVIT OF SERVICE I, Thomas D. Gould, attorney for Plaintiff, in the above captioned action for divorce, hereby certify that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by depositing the same in the United states mail, certified, restricted delivery, on June 16, 2005, pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the postal return receipt attached hereto, the Complaint was received by the Defendant on June 20, 2005. n~.-et;!",'i()-I~ ould "_',a._~.." , - IIllm 4 If l'lIIlII.:llId DeIIwry 18 dIIINd. · PI1nl your1l' . .., adclIw8 011"_ eoll!Bl . .. . _lhelllMf. -AlIacb . '. ""lt1e...llf.....~~ . '1" onlhe If .....flII'r1lb.. , 1._~lo: : Law I street lwn, PA 17011 -461 -r;;~,"y.To ~'~.J \ 2.,~~, Nf.j~rJNi . S ~\ft?U1JbV.f~;,a4 17lD 2'-,NIIcIe~,i';,:"'''' y. ~""'" I 1~1\#~;.tbeI}1 PS Fe"" 3811\ Febl1:lllly. :s._~ ~MoI O~MoI Oflo,jlolbod a-IlocIfIltIarMlll....._ '0 ~ Mol 00.0.0. <t; ,.n......k.t.d llIIvory1(f:xwhei _. N~, 2'Ze9 10258&CJ2.M.1540 CERTIFICATE OF SERVICE I, Nichole M. Staley O'Gorman, Attorney for the plaintiff, hereby certify that a true and correct copy of the foregoing was served on the Defendant by forwarding said copy to her attorney of record at the following address, by first class U.S. Mail on September 13, 2005: MarcuS A. McKnight, III, Esquire Irwin & McKnight West pomfret Professional Building 60 West pomfret Street Carlisle, PA 17013-3222 n c ,....> C::-J ';:'-;.:' .;..XI C,rl C) ~n ._.1 _or ;';1 ';'? -J