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Home My WebLink About06-0681 r J LA W OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney LD. No. 71873 1017 North Front Street Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Jeffrey J. Myers JEFFREY J. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2006 - tJ'( Civil Term DA WN VANESSA MYERS, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY 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 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 of Cumberland County, One Courthouse Square, 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 RIGHT 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 2 Liberty A venue Carlisle, P A 17013 (717) 249-3166 1-800-990-9108 JEFFREY J. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2006 - 1cJ>{ Civil Term DA WN VANESSA MYERS, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND COMPLAINT FOR CUSTODY 1. The Plaintiff is Jeffrey 1. Myers, an adult individual whose current address is Two Scenic Lane, Newville, Cumberland County, Pennsylvania 17241, and whose social security number is 194-44-9698. 2. The Defendant, Dawn Vanessa Myers, is an adult individual, whose current address is Two Scenic Lane, Newville, Cumberland County, Pennsylvania 17241, and whose social security number is 173-60-0834. 3. Plaintiff and Defendant were married on April 3, 1991, III Camp Hill, Cumberland County, Pennsylvania. 4. Plaintiff and Defendant have resided in the Commonwealth of Pennsylvania for a period of at least six (6) months prior to this filing. 5. Defendant is not a member of the Armed Services of the United States or its allies. 6. Plaintiff is a citizen of the United States and Defendant is a citizen of the United States. 7. There has been no prior action for divorce filed in any jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling, and has waived said right. 9. There are three minor children born of the marriage: namely: Megan Ann Myers, born August 26, 1991, Matthew Jeffrey Myers, born May 8, 2000, and Micaela Faith Myers, born June 4, 200 I. 10. Plaintiff avers that the grounds on which this action IS based are: (a) That the marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant a Decree in Divorce. COMPLAINT FOR CUSTODY II. Paragraphs one through ten of the foregoing Complaint in Divorce are incorporated herein and made a part hereof by reference. 2 12. The parties are currently residing in the same household; however, a separation will occur, it is anticipated, in the near future and custody of the parties' minor children must be resolved to determine said separation. 13. It is believed that the best interest of the minor children will be served by granting the Plaintiff, Jeffrey 1. Myers, primary physical custody of the minor children. 14. The Defendant, Dawn Vanessa Myers, threw a candle at her husband, Jeffrey J. Myers, causing a gash in his forehead, swelling, and a black and blue mark. IS. The Defendant, Dawn Vanessa Myers, has not been a mother to the minor children. 16. The Defendant, Dawn Vanessa Myers, has had physical altercations with the parties' child, Megan Anne Myers, causing the police to be called to the home. This occurred in December 2005. 17. The Defendant, Dawn Vanessa Myers, uses vulgar language towards all three minor children. 18. The Defendant, Dawn Vanessa Myers, on numerous occasions does not return after her work hours to the home, and sometimes does not come in 3 until the following morning after the Plaintiff has been required to leave for work. 19. The Defendant, Dawn Vanessa Myers, it is believed indulges in alcohol and may have a boyfriend, and admitted to having boyfriends, in that, since approximately September 2005, the Defendant, Dawn Vanessa Myers, has kept late hours into the early morning, sometimes as late as 5:30 a.m. and 6:00 a.m. 20. The Defendant, Dawn Vanessa Myers, is not able to care for the minor children. 21. The Plaintiff has not participated as a party or witness in any capacity in other litigation concerning the custody of the minor children in this or any other Court. 22. The Plaintiff has no information of the custody proceedings concerning the children pending in a Court of this Commonwealth or any other state. 23. The 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. 4 WHEREFORE, the Plaintiff, Jeffrey J. Myers, respectfully prays your Honorable Court to grant him primary physical custody of all three minor children with partial custody rights in the Defendant with the stipulation that there be no drinking, driving, or indulging in any illegal substances while the children are in the presence of the Defendant. Respectfully submitted, . :J;'. / . /' /- BL~::;>zttZ(' /~Yf' / - 1/ " Diane M.mls, EsqUIre 1017 North Front Street Harrisburg, PAl 71 02 (717) 232-9724 I.D. No. 71873 Date: January 25, 2006 5 . . , .' VERIFICA TION I verify that the statements made in this Complaint in Divorce 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: January 25, 2006 c.; --"",. 1A. -p ~ ~ -0 t ,.- -:-::r C) 0 )..) -. c . ..t:\ \) 'B <1'\ '''1 - (<I -:! }-J \) C> '~.,v' \)oJ ! (~ <rt \ . 1"-' -0 :c)(:) <Y --;-:1 - ~ ~ r=-~ r-- , r:-? ..\ ~.r~- -0 c..) :;;J ~~ -.l .<. v.> {jJ J: JEFFREY J. MYERS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 06-681 CIVIL ACTION LAW DA WN VANESSA MYERS IN CUSTODY DEFENDANT ORDER OF COllRT AND NOW, Tuesday, Febr~07, 2006 , upon consideration of the attached Complaint. it is herchy directed that partics and their respective counsel appear he fore Hubert X. Gilroy, Esq. , the conciliator. at 4tb Floor,..9J_l11berl~nd ~lJ.IllLl::ourthouse,Sarli~I!.. on Thursday, February 23, 2006 at 10:3.L..AM for a Pre-Hcaring Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished. to dellne 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 Il1J' entry of a temporary or pennanent 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 hearin!!. FOR THE COURT. By:~... Hubert X. Gilroy. Esq. Custody Conciliator frJ 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 betl)re the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business betl)re the court, You must attend the scheduled conference or hearing. YOU SHOULD TAKE THiS PAPER TO YOUR ATTORNEY AT ONCE. iF YOU DO NOT HA VE 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 Bedtl,rd Street Carlisle, Pennsylvania 170 I 3 Telephone (717)249-3166 # ck~ . It -; rv;'; ~ _ -~-P /f1'~ 7~ 70 fr J ~ .4m lJJ? LS ~?;\ ttJ ()_ (11.:\ [\[\0,7 D I.,J__ ,,>'-,U\..I l,tW!.:"J;';-;;; :.H1.:10 j~,!\~,~'(j,.-o:n\:.1 -'JO- $. L' '?rJ !? C' 103.C' / I · o LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney 1.0. No. 7]873 1017 North Front Street Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attornev for Plaintiff, Jeffn,yJ. Mvers JEFFREY J. MYERS, Plaintiff IN THE COURT OF COMJVION PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. No. 2006 - 681 Civil Tern] DA WN VANESSA MYERS, Defendant CIVIL ACTION - LA W IN DIVORCE AND CUSTODY PRAECIPE TO THE PROTHONOTARY: Please withdraw the Complaint for Custody filed on behalf of the Plaintiff, Jeffrey 1. Myers, in the above-captioned matter. Respectfully submitted, / "A ' ,.. /., B~_~/L ;l1fv . Ibiane M. Dils. Es - uire 1017 North Front Street Harrisburg, P A 17102 (717) 232-9724 LD. No. 71873 Ln_ Date: March 21, 2006 . -. CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Praecipe has been served upon the following individuals by first class, United States mail, postage prepaid, by depositing same at the post office in Harrisburg, Pennsylvania, on theO( L day of March 2006, addressed as follows: Dawn Vanessa Myers Two Scenic Lane Newville, P A 17241 Hubert X. Gilroy, Esquire 4 North Hanover Street Carlisle, A 17013 Respectfully submitted, BY: i rA ./ // t'v( 'ane M. Dils-, Esqui e 1017 North Front Street Harris burg, PAl 71 02 (717) 232-9724 J.D. No. 71873 'c:~.'. /' Date: March 21, 2006 o c:- .> ['-.-,., C:;,~ ..-C'";l ..";...... ,--) ~:ii .---< '1: j-Il ;:i']' f".) N l.-- --,. c-:: t..',:, ~;:~ RE'" ~. ,-, .. --,_../ MA~ ~ Cl LUUb JEFFREY J, MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 06-681 CIVIL ACTION - LAW DAWN VANESSA MYERS, Defendant IN CUSTODY ORDER ../1 . AND NOW, this ;;< Y day of March, 2006, the Conciliator being advised that this action has been withdrawn, the Conciliator relinquishes jurisdiction, 1'(' Q i,"", " ~.. ,_, i .1' . ! \"" " ,,,. ,;'"r Ii.J?. \";1,) '.if.,f.'.7 ... '..1',,'1' ,_ u ,c :;u BAYLEY & MANGAN Mark F. Bayley, Esquire Attomey I.D. #: 87663 17 West South Street Carlisle, PA 17013 (717) 241-2446 JEFFREY J. MYERS Plaintiff VS. DAWN VANESSA MYERS Defendant ?> i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2006 - 681 CIVIL CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, Jeffrey J. Myers, in the above- captioned matter. l Date: I Mark F. Bayley, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 JEFFREY J. MYERS IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2006 - 681 CIVIL CIVIL ACTION -LAW DAWN VANESSA MYERS IN DIVORCE Defendant CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following at her last address of record: Dawn Vanessa Myers 2 Scenic Drive Newville, PA 17241 U"--- ?C . Mark F. Bayley, Esq ire Dated: BAYLEY & MANGAN Mark F. Bayley, Esquire Attomey I.D. #: 87663 17 West South Street Carlisle, PA 17013 (717) 241-2446 JEFFREY J. MYERS Plaintiff VS. DAWN VANESSA MYERS Defendant ?? a Z. `r c n ? `'? ? 'C G '.,! r A C IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2006 - 681 CIVIL CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint, in relation to divorce, in the above-captioned matter. Respectfully submitted, Date: l Mark F. Bayley, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 a1 (717) 241-2446 Supreme Court I.D. # 87663 C ?7?? v JEFFREY J. MYERS IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2006 - 681 CIVIL CIVIL ACTION -LAW DAWN VANESSA MYERS IN DIVORCE Defendant CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following at her last address of record: Dawn Vanessa Myers 2 Scenic Drive Newville, PA 17241 S Dated: -L///,- Mark F. Bayley, Esquire FiLED-OFFiCI Oi- THE PROTHONOTARY 2011 JUL -1 AM 11* 13 David F. Tamanini, Esquire C:JMBERLAND COUNTY }??NNSY#-VANIA Attorney I.D. No. 27775 TAMANINI LAW OFFICE Telephone (717) 541-1805 3544 N. PROGRESS AVENUE, SUITE 110A dft@TamaniniLaw.com HARRISBURG, PENNSYLVANIA 17110-9638 Attorney for Plaintiff, Jeffrey J. Myers JEFFREY J. MYERS, Plaintiff V. DAWN VANESSA MYERS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-681 CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCE PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw my appearance on behalf of the Plaintiff, Jeffrey J. Myers, in the above- captioned matter. Dated: z71'- F. Bayley, Es e Mark Supreme Court I.D. No. 87663 Bayley & Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Please enter my appearance on behalf of the Plaintiff, Jeffrey J. Myers, in the above- captioned matter. Dated:6 3 0// ) David F. Tamanini, Esquire Supreme Court I.D. No. 27775 TAMANINI LAW OFFICE 3544 N. Progress Avenue, Suite 110A Harrisburg, PA 17110-9638 (717) 541-1805 Attorney for Plaintiff, Jeffrey J. Myers IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY J. MYERS, Plaintiff V. DAWN VANESSA MYERS, Defendant No. 2006-681 CIVIL ACTION - LAW rrl w MM :?:V. ? M -- r f rn -<> - (D r- --+ < -n CD -- ? , ANSWER TO PETITION FOR INTERIM SPECIAL RELIEF AND NOW, this 11`h day of August, 2011, comes the Defendant, Dawn Vanessa Myers, by and through her attorney, Sean M. Shultz, Esquire, and files the following Answer to Plaintiff's Petition for Interim Special Relief, in support of which the following statements are made: 1. Admitted. 2. Paragraph 2 of the Petition is a legal conclusion to which no answer is required. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. By way of further answer, Defendant had the children in only two shelters, and both shelters have separate living quarters for each family, the initial shelter having been a separate house. It is admitted that Plaintiff does not know the location of the shelter. By way of further answer, Defendant feels threatened by Plaintiff and was concerned that she may encounter further threats from Plaintiff if he knew the whereabouts of the shelter. 7. It is admitted that Plaintiff's counsel sent two e-mails and two telephone calls to discuss this matter, however, Defendant's counsel was very ill at the time of the communications and by the time undersigned counsel had an opportunity to reply, Plaintiff's counsel had filed the instant Petition. 8. It is admitted that Defendant has withheld the location of the shelter for reasons as stated in Paragraph 6 above. It is denied that Defendant has the means to secure private living accommodations at this time. By way of further answer, Defendant has not been able to save enough money to secure private accommodations because the support payments were erroneously deposited into an account of which Defendant was not aware until on or about August 2, 2011. 9. It is admitted that Defendant has monthly earned income of $1,798.93. It is denied that she had received the benefit of child support or spousal support at the time of the filing of the Petition for Interim Special Relief. By way of further answer, the child support and spousal support were being erroneously deposited into an account and Defendant did not know it was being deposited there until on or about August 2, 2011. 10. The first two sentences of Paragraph 10 are admitted, but it is denied that one of the children prefers to live in the marital home. 11. It is denied that Plaintiff has offered Defendant's counsel an extremely liberal visitation program. Plaintiff offered a much-reduced custodial schedule. 12. It is denied that it is in the best interest of the children to be temporarily transferred to the primary physical custody of the Plaintiff because Defendant's living arrangements are more than adequate for the children. 13. Admitted. 14. Admitted. 15. It is denied that the conciliation conference will necessarily be fruitless because the reason for the conciliation is to identify areas of agreement and possibly narrow the issues for the Court. WHEREFORE, Defendant requests that this Honorable Court deny Plaintiff the relief requested and allow the conciliation to proceed. Respectfully submitted, LAW OFFICE OF SEAN M. SHULTZ,, P.C. Shultz, Esquire Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY J. MYERS, No. 2006-681 Plaintiff CIVIL ACTION - LAW V. : DAWN VANESSA MYERS, Defendant VERIFICATION I verify that the statements made in the foregoing Answer are true and correct to the best of my knowledge, information and belief. This Verification is made by Defendant's counsel based upon information provided by Defendant to Defendant's counsel regarding the factual averments contained herein. 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. Sean M. Shultz IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY J. MYERS, Plaintiff No. 2006-681 CIVIL ACTION - LAW V. DAWN VANESSA MYERS, Defendant CERTIFICATE OF SERVICE AND NOW, this 111h day of August, 2011, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following with a copy of the foregoing Answer by First Class Regular United States Mail, addressed as follows: David F. Tamanini, Esquire Tamanini Law Office 3544 N. Progress Avenue, Suite 110A Harrisburg, Pennsylvania 17110-9638 Attorney for Plaintiff Respectfully submitted, LAW OFFICE OF SEAN M. SHULTZ,, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Defendant 0 2012 FEB 28 Aid 11: (2 JEFFREY J. MYERS CUMBERLAND C AE COURT OF COMMON PLEAS OF Plaintiff, PENtJSYl?VA MBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DAWN VANESSA MYERS : NO. 2006-681 CIVIL TERM Defendant. : IN DIVORCE AFFIDAVIT OF SERVICE I, Mark F. Bayley, Esquire, being duly sworn, depose and say that on the 1I'h day of May, 2011, in Courtroom #1 of the Cumberland County Courthouse, Carlisle, Pennsylvania, I executed service by delivering a true copy of the Complaint in Divorce (Reinstated May 4, 2011) under the above docket to DAWN VANESSA MYERS in accordance with state statutes by individual service. (-I Date Sworn to and sub-scribed to Before me this 0 day of ?A , 20? %" mlrj N tart' COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jule M. Good. Notary Pubfic Cafte Bolo, C?erland Comty My Oommission E)ires Dec. 6, 2011 Mornbor, PennpylVenr? naw inuar, ?f Mofaries BY: Mark F. Bayley, Esqui e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY J. MYERS, Plaintiff V. DAWN VANESSA MYERS, Defendant CIVIL ACTION - LAW NO. 2006-681 IN DIVORCE AFFIDAVIT OF CONSENT rh air- -<:t> !ZE C-,) N s N rn (Z) -ni T 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 6, 2006. 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. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. 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: February?? , 2012 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS awn Vane Myers On the Z-*'day of February, 2012, before me, the undersigned officer, personally appeared Dawn Vanessa Myers known to me (or satisfactorily proven) to be the person whose name is subscribed to the within document, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. MMQNWA I F -W 0 ? N 11 NN3YtVANt,4 Notanal sea! LDo11v'M . h ockenberry, Notary public Notary llc Calisle Soro, Cumberland County y Commission Expires Sept. 24, 2014 Member. Pennsvivania AssorJation of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY J. MYERS, Plaintiff V. DAWN VANESSA MYERS, Defendant ? CIVIL ACTION - LAW S'61 :;a ;- NO. 2006-681 IN DIVORCE y C rv WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 43301(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 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. §4904 relating to unsworn falsification to authorities. Date: February 2 I , 2012 j Dawn Vanessa M s 0 ilr! tl MAR -6 PN 1: 24 ryrl C = ,, O COUNTY JEFFREY J. MYERS, Plaintiff V. DAWN VANESSA MYERS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-681 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on February 2, 2006. 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. 1 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. § 4904 relating to unsworn falsification to authorities. ? -7 Dated: J FR J. MykeRS aintiff 0 44 ?; E: 0" h NOTAk I; MAR --6 P11 1: ?ZY 'L.UIMBCRLANO COUNTY 0? EHNSYLVANIA JEFFREY J. MYERS, Plaintiff V. DAWN VANESSA MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-681 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I 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 this waiver 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. Dated: -2 -,- 4,2 '4?1 ?? J F J. M RS laintiff JEFFREY J. MYERS, IN THE COURT OF COMMON PLEAS Plaintiff vs. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DAWN VANESSA MYERS, Defendant NO. 2006-681 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divvorcq-;., decree: ? c? 1. Ground for divorce: rn xM 3 Irretrievable breakdown under § 3301(c) or :z :i7 'T4T rs =1 of the Divorce Code. r-z °' r (Strike out inapplicable section.) y'c° _ 2. Date and manner of service of the complaint: ?''z •? -+f' Personal service upon Defendant by Mark F. Bayley, Esquire, on May 11, 201 a 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by plaintiff. February 24, 2012; by defendant: February 29, 2012. (b)(1)Date of execution of the affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiffs § 3301(d) affidavit upon the respondent opposing party: 4. Related claims pending: None. 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice was filed with the Prothonotary: March 6, 2012. Date defendant's Waiver of Notice was filed with the Prothonotary: March 2, 2012. David F. Tamanini, Esquire Attorney for Plaintiff l . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY J. MYERS V. DAWN VANESSA MYERS NO. 2006-681 CIVIL TERM DIVORCE DECREE AND NOW1 2 VOLA-4-k ?12- , it is ordered and decreed that JEFFREY J. MYERS , plaintiff, and DAWN VANESSA MYERS , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The parties will submit a Qualified Domestic Relations Order separately for signature by the Court. y the Court, _ Attest:Thomas A. Placey J. Co n leas Judge / rothonotary -l ,, N Jeffrev J. Myers IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW IN DIVORCE Dawn Vanessa Myers NO. 2006-681 CIVIL TERM Defendant QUALIFIED DOMESTIC RELATIONS ORDER This Order is intended to be a Qualified Domestic Relations Order ("QDRO"), as that term is defined in Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") and Section 414(p) of the Internal Revenue Code of 1986, as amended ("Code"). This QDRO is granted in accordance with the state domestic relations law of the Commonwealth of Pennsylvania, 23 P.C.S.A. §3502, which relate to marital property rights, child support, and/or spousal support between spouses and former spouses in matrimonial actions. 1. PLAN The term "Plan" shall refer to Supervalu Inc. Retirement Plan. (a) Any successor to this Plan shall also be subject to the terms of the Order. (b) Supervalu Inc. is the sponsor of the Plan. (c) The Plan Administrator's address, for all purposes of this Order, is as follows: Supervalu Inc. Retirement & Savings Plans Administrative Committee Attn: Corporate Benefits P.O. Box 990 Minneapolis, MN 55440 2. IDENTIFICATION OF THE PARTICIPANT The name and last known mailing address of the Participant are as follows: Name: Jeffrey J. Myers Address: 2 Scenic Lane, Newville, PA 17241 The Participant's date of birth and Social Security number are contained in the attached Addendum. 3. IDENTIFICATION OF THE ALTERNATE PAYEE The name and last known mailing address of the Alternate Payee are as follows: I . - Name: Dawn Vanessa Myers Address: P.O. Box 61, Newville, PA 17241 The Alternate Payee's date of birth and Social Security number are contained in the attached Addendum. The Alternate Payee is the former spouse of the Participant. 4. BENEFIT AWARDED TO THE ALTERNATE PAYEE The Plan shall assign to the Alternate Payee an amount equal to 44.8% of the Participant's total vested benefit as of October 26, 2007, the Participant's last day of employment with Supervalu Inc. The vested benefit to be divided shall be the benefit net of any accrued reductions for the cost of pre-retirement survivor annuity coverage. This amount shall be separately accounted for under the Plan for the exclusive benefit of the Alternate Payee. Any actuarial adjustment necessary to convert the Alternate Payee's assigned benefit to be payable over the Alternate Payee's lifetime shall be applied solely to the Alternate Payee's benefit. The Alternate Payee must provide proper identification and any other information as the Plan may reasonably require of a beneficiary, properly submitted in the manner prescribed by the Plan. 5. COMMENCEMENT AND FORM OF BENEFITS The Plan shall establish a pension record for the Alternate Payee as soon as administratively feasible after the formal acceptance of this Order as a Qualified Domestic Relations Order and the expiration of a 60-day QDRO appear period that follows such determination. The Alternate Payee and Participant may waive the 60-day QDRO appear period by notifying The Retirement & Savings Plan Administrative Committee in writing. If the Alternate Payee elects to receive benefits at a future date, it will be the Alternate Payee's responsibility to notify The Retirement & Savings Plan Administrative Committee in writing before benefits commence. The Alternate Payee shall be entitled to receive her benefits in any form available under the terms and provisions of the Plan, other than a qualified joint and survivor annuity with her current spouse as the survivor annuitant. The Alternate Payee shall execute any forms required by the Plan Administrator. 6. DEATH OF PARTICIPANT Payment of the Alternate Payee's separate interest shall not be affected by the Participant's death. 7. COMPLIANCE WITH APPLICABLE LAWS AND THE PLAN The parties to this Order intend that it comply with the applicable provisions of ERISA and the Code. 2 (a) The Participant and Alternate Payee shall each be responsible for his or her own federal, state and local income taxes and any other taxes attributable to any and all payments from the Plan which are received by the Participant or the Alternate Payee, respectively. (b) The Participant and the Alternate Payee shall notify the Plan of any change of address. (c) No provision of this Order requires the Plan to make any payment or take any action that is inconsistent with any federal law, rule, regulation or applicable judicial decision. (d) No provision of this Order requires the Plan to provide any type or form of benefit, or any option, which is not otherwise available under the Plan. (e) No provision in this Order requires the Plan to provide increased benefits. (f) No provision in this Order requires the Plan to pay benefits to an Alternate Payee, which are required to be paid to another Alternate Payee under another order previously determined to be a QDRO. (g) The undertakings and obligations of the Plan as set forth in this Order are solely those of the Plan. Neither Supervalu Inc., any of its affiliates, nor any officer or employee or agent of any such entities shall be deemed to have incurred any obligations under this Order. (h) If .any party makes any claim which the Plan Administrator determines to be inconsistent with this Order, the Plan may cease making further payments to any person whose rights, in the sole judgment of the Plan Administrator, may be affected by such claim pending resolution of the claim or further order of this Court. The Plan may also take further action or actions as may be permitted by law with respect to such claim. (i) The Participant is designated as a constructive trustee for any payments that are received by the Participant, but are due to the Alternate Payee. The Participant will remit any such payment to the Alternate Payee within five (5) days of receipt of such payment. (j) The Alternate Payee is designated as a constructive trustee for any payments that are received by the Alternate Payee, but are due to the Participant. The Alternate Payee will remit any such payment to the Participant within five (5) days of receipt of such payment. RESERVATION OF JURISDICTION This Court reserves jurisdiction over the parties and the Plan until such time as the obligations of the Plan to the Alternate Payee under this Order have been fully paid and discharged. Further, this Court reserves jurisdiction to amend this Order to establish or maintain its status as a QDRO under ERISA and the Code. EXECUTED this day of CONSENT TO ORDER: P i icipanDate Attorney for Plaintiff/ late Participant Cop'-es ??r r /Z f 1z e enldant/AI e nate Payee Date ?' 3 ?G /2 Attorney for Defenda Date Alternate Payee r-._. 1 ?/ y? J ? ? J r ry ' 4 37" (,D ,.,q.. ZZ ,.... 4