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HomeMy WebLinkAbout00-00390 , I - ~~:+'";!~::)::C~:,X.~!;;;.~~!at(::~!>>:~~:'::'!::.:!;::')::.>f:::C!:C!~:~~':~!::.;<,)_:?,+::CK:.:+>>:!;;::,+::C!:;:)::C!~:,;+::.>;;:,)3E+f'::,(:.:::(XCK,>~::C!$>~t+>>:~m!::~:.*xc!W!::e;:~~,.e+::.:!f::~'+3~Z~'::.>t\''t~ ~ I :0\ ~.~ ~ ~{ ~ ~ i ~.S .. ~t~ ~ ;..~ ~ ~ ;..~ ~ I ~~~ ~ ~ ~~~ ~ ~ I ~.S ~ v. ~ ;.~~ * ,"" ~.~ ~ ~ ~.~ ~.~ ~ ~ ~~~ ~ ,h, I ~ ~.~ ~ .\fi ~.~ ~ ~ ~.~ ~ ~.~ ~ i ~~ ",.~ ~ . ~.~ ~ ~.~ I ~.S ~ ~.~ ~ ~~~ ~ ~.~ ~ ;...~ ~ ;.~~ I ~< ~ ;..~ ~ ~ l>:'~ "", ~~~ ~ -'. , ,.7' , - ~ ,. " ,., "-"';'., ,. "" -I~ ,....~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNA. N 2000-390 0...,...........,......... DECREE IN DIVORCE AND NOW, . .. Of..-. to k,c../. . . .~l, . . .. " z<>~. L it is ordered and decreed that ". ~?~?-, ~: "S!I'?,.s.e:r. . " . . " " " . " . . , . . , " " . . " . . " plaintiff, and. ,. .~'\11!~~'\ ,I!., .~1I!y.~~,. .. . . .. ... ., . . ,., " .. . ., , . ,. , .. ., . . '" defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; The terms of the parties' Marital Settlement Agreement, dated October 30, 2001 .......................................... .................. .............., and attached hereto are incorporated herein but not merged herewith. ... -................... ............ ......................... By The ~ IUI t : . mmrf.. - VUC4 . Attest: VI/! __m_ __p._~__n ",:~ ~ ~:: ~ 8 ~ ' II ",. ~ ~ ----- ~~~-~-~-----~~------ STATE OF JOHN J. SMYSER Versus PAMELA D. SMYSER I ~ ~.~ ;'~ ~ ~ ~ }::+;<< :::'::+;';::::'::.;",: >::+;<>::+;":::::.::+;":,,:"::.;';.: ::.::+;.,:':::.::+;0:.: X+;~:: Prothonotary " ~.'~ ~ ~':~ ~ "", ".", ~ ~.~ ~.~ ~ ~, ~,.~ ~.~ ~ i '.< ~~~ ~ ~.~ ~ >..~ ~ ~ ~ N I ':':'. N ~ ~.~ * ~.~ ~ ~ ~ ~..~ ~ ~ ,,~ ~ ~ ~.~ ;.~ ~ ~ ~.~ J, ~ ,,' ~ '.' '. ,. . , I' . lI-ol,tJ( a/- ~_ ""':;v ~ <44a....a /CJ -.3/ ,tJ( 7ht;:; ~ z 4 (l~ (,M- t1~ ~- of-~ 7J;'a:! ~) .~ . ~ ,< , ',"', ,. , ." 1 . " ~. , - _ "< ~~.1", 1'.",-. !...:: / I' If NUUUTALSETTLEMENTAGREEMENT THIS AGREEMENT, made this ;)()'i-'- day of ~~6.u- , 2001, by and between Pamela D. Smyser, of 46 Bayberry Drive, Mechanicsburg, P A 17055 (hereinafter "WIFE") and John J. Smyser, of6405 Glenwood Street, Apartment 6, Mechanicsburg, PA 17055, (hereinafter "HUSBAND"); o c:> ~-",_-::,' c: ;R ~~: ~ ?;~: :....J ts~~: 0 :-- ::/ .- ~ CJ --. WHEREAS, the parties hereto were married on June 5, 1993, and separated Qtl:J;anuary c' be) r::- ,'-, 14 2000' and ):> f: co, , , ~ ~ ~ WIT N E SSE T H: WHEREAS, the parties have two (2) minor children of this marriage, namely Codie Smyser, date of birth 12/22/94, and Tyler Smyser, date of birth 7/13/96 ; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but , not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is represented by Debra Denison Cantor, Esquire of Reager & Adler, PC. HUSBAND is represented by Philip Spare, Esquire of Snellbaker, Brenneman & Spare, p,c. "-..---_. --~ , '," ~~ '~ _".. c , ," " ,. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge, The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion, 2, DIVORCE ACTION, The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to ~ 3301(c) of the Divorce Code, A divorce action was filed by with the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action N. 2000-390. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement or upon expiration of ninety (90) days. -. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties, The parties agree that the terms of this , Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree, This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. . 3, DATE OF EXECUTION, The "date of execution" and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date, Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4, MUTUAL RELEASES, Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. ~/- " ' , ." , '<I ( Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties, The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, 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 Pennsylvania, any state, Commonwealth, or territory of the United States, or any other country, Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release form all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE, The parties confirm that each has relied on the accuracy of the financial disclosure of the . other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise, Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party, 6, SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. 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 ~-----.'t'''''''. " d' - -,.- ." ,,-,-, . "'1.',-",,_-,,_. 1-,,,; ,. -'<-'.' c I seem advisable, WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 7, REAL PROPERTY, The parties are the joint owners of real property located at 46 Bayberry Drive, Mechanicsburg, Pennsylvania 17055, HUSBAND waives any right, title and interest he may have in said property and agrees to execute a deed transferring the property to WIFE concurrently with the execution of this Marital Settlement Agreement. It is agreed by the parties that HUSBAND's counsel shall retain the deed in escrow pending WIFE's refinance or assumption of the mortgage obligation, Concurrently with the execution of this Agreement, if not beforehand, the parties' shall execute documents provided by the Department of Veterans' Affairs for WIFE's assumption of the parties' mortgage, Specifically, HUSBAND agrees to complete Form 26-6381 and make .' the $5.00 payment for submission. WIFE agrees to complete Form 26-6382, and Form 6807, Said forms shall be filed by counsel for WIFE in an attempt to obtain a release ofliability from the Department of V eterans' Affairs, In the event that WIFE is able to receive the release from liability, WIFE shall assume the mortgage ahd HUSBAND shall bear no additional responsibility to either the mortgage company or the Department of Veterans' Affairs. In the event that WIFE is unable to obtain the release ofliability, she shall have a period . of 24 months to apply to refinance the marital home, Upon the expiration ofthe 24-month period, upon request of either party, the home may be listed for sale, WIFE shall be entitled to the receipt of all proceeds from the sale of the home and HUSBAND shall cooperate in all manner necessary to effectuate the sale. WIFE hereby agrees to be wholly responsible for all costs and payments associated with the home, including mortgage, taxes, insurance and maintenance and repair obligations, In the event that WIFE misses two (2) consecutive mortgage payments, and upon notification by HUSBAND, the home shall be immediately listed for sale, WIFE further agrees to restore by refinance or sale, HUSBAND'S Veteran's Affairs entitlement within 8 years of the date of the execution of this agreement. . --,_.'--- , ..~....- " ~ , o "~ "'" ,-' " .c."I ' li.', I 8. DEBTS. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts, HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnifY and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein, WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and he shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 9, RETIREMENT AND DISABILITY BENEFITS, WIFE has a pension through her employment at Boscov's, HUSBAND has retirement available to him at Fry Communications, HUSBAND specifically represents that he has no federal retirement plan, including FERS, TSP or any other type of retirement. WIFE hereby waives any and all right, title and interest to retirement held by HUSBAND, HUSBAND . hereby agrees to waive any and all right, title and interest he may have to WIFE's pension plan at Boscov's, The parties specifically waive any and all other retirement benefits obtained by the parties pre-marriage, during marriage, and post-separation. The individual who holds said benefits shall own the property solely and individually. Each party waives their right to title and interest to the other party's benefit. Husband received a lump sum payment for a service connected disability and is eligible to receive a monthly disability payment in the future. WIFE hereby waives any right, title and interest that she may have in any future disability payment(s) HUSBAND may receive. 10. BANK ACCOUNTS. . ""....-.. ~ ~.~ ""-." _. ---.- ....,~.~ - - -" . "'- e,;b-;I",'" - ,~ "'Si The parties had marital bank accounts at the time of their separation. The parties agree that said bank accounts were divided to their satisfaction. The parties agree that any bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts, 1 L INCOME. The parties agree to exchange W-2s for 1999 and 2000 as well as copies of the 2000 tax returns within ten (10) days of the execution of this Agreement ifso requested in writing by the other party, 12, PERSONAL PROPERTY. Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household fumishings and personal property between them in a manner agreeable " to both parties. The parties mutually agree that each party shall from and afterthe date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession, . 13, VEIDCLES, The parties are the owners of a 1994 Grand Am. HUSBAND hereby agrees to transfer any and all interest he has in the vehicle to WIFE. Husband agrees to execute all documentation necessary to effectuate said transfer within ten (10) days of the execution of this Agreement The parties are also the owners of a 1994 GMC pick-up truck. This vehicle is in HUSBAND's name alone and WIFE hereby agrees to waive any right, title and interest she may have to said vehicle. In the event that there are any debts associated with said vehicles, the party receiving the vehicle agrees to be solely and completely responsible for said debts, All debts are to be refinanced in the party's name within 30 days of the execution of this Agreement, and the parties agree to indemnify and hold the other harmless for all debts associated with the vehicles retained by either party. '_~"'" ",'h' . '-=._.,.-..-=~ -~- ""~ ~~ ~ , , ',~.' , 'c..," '-'.'''_'"",,, ",.1"'0' '--'" - ~'i 14, INCOME TAX. Heretofore, the parties fIled joint federal and state tax returns, In the event that the parties are subject to a review or tax audit that results in the imposition of interest and penalties, the party to whom the under-reporting or error can be credited to shall bear sole responsibility for the payment of the interest and penalty and shall indemnify and hold the other harmless from such responsibility, All property transfers in this Agreement are intended to be tax free transfers pursuant to the Internal Revenue Code, HUSBAND acknowledges that he may fIle an amended joint 1999 tax return based up,on the change of status of monies received by the parties for a service-connected disability. HUSBAND agrees to provide WIFE with a copy of the amended return to review and approve, \ Any amendment shall be fIled jointly. HUSBAND agrees to pay to WIFE one-half of any refund no later than twenty (20) days from the date of receipt. HUSBAND shall bear sole responsibility for any deficiency, 15, BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable, ,,>>, '".. ='..---" --- ,., ^" '" -'_'" ,.-L; ,"C'" ;." ' The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy, 16. ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE. The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. The parties further release any rights that they may have to seek modification of the terms of this Agreement in a court oflaw or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance cifthe other, .. 17. ATTORNEY FEES, COURT COSTS, Each party hereby agrees to be solely responsible for his or her own counsel fees, costs . and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein, 18. ATTORNEYS' FEES FOR ENFORCEMENT, In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution, It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 19. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: -. '- --- ~ - - .-. '. ',~' "' " (a.) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b,) The right to obtain an income and expense statement of either party; (c.) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e,) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 20. MUTUAL COOPERATION, WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents, . 21. VOID CLAUSES, 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. 22, APPLICABLE LAW, This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania, 23. 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. _..~-...;.....-- --:;:'Ii"- , ",",' -" ' =,.," "d.., >^< " ~,'.. ,~ " 24, CONTRACT INTERPRETATION, For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties, IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts, WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. $~ PAMELAD. SMYSER ft~ JOHN J. SMY R a)~ ;I~ ~ WITNESS / ""~"-"~,-" " ,..'_.~, - -.~-_..- -- ~ ~~ ,. .;,_ ','.crl" ,;;. ~~ ~"'-- t' COMMONWEALTH OF PENNSYLVANIA : SS, COUNTY OF CUMBERLAND On the J{Jl-h day of (!)c}oh er ,2001, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undesigned officer, personally appeared Pamela D. Smyser, known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed, IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. Notarial Seal Susanne K. Sather, Notary Public Camp Hill Boro, C~mberland County My Commission Expires Aug. 25. 2005 Member, pennsyl~enl.Assoclallol1 01 Notar1ElS xitu (UtA1.U ;( yJdW Notary Public My Commission Expires: COMMONWEALTH OF f1-J COUNii'OF fu~rlCl.-...Jc On the 3:>'\-'- day of bc.~ ,2001, before me, a Notary Public in and for the Gommonwealth of {J-A , the undesigned officer, personally appeared J obn J. Smyser, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed, IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. ~rJ- ~J~v otary Public My Commission Expires: Notarial Seal Deborah l. Brenneman, Notary Public Camp Hill Bora, Cumborland County My Commission Expires June 18, 2002 1\1enlber, Pennsylvania AssociatIon 01 Nol~ries I " '''''''''''-'''~''''''"'';'''''- . -, - ----',,- ,n, r . . JOHN 1. SMYSER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v, : NO, 2000-390 PAMELAD, SMYSER, Defendant : CIVIL ACTION - LAW : 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 S 3301(c) of the Divorce Code, 2, Date and mauner of service of the Complaint: Service was accepted by the Defendant on the 27th day of January, 200, by certified mail, return receipt requested, receipt number Z 489586699, 3, Date of execution ofthe Affidavit of Consent required by S 3301(c) of the Divorce Code: by John J. Smyser, Plaintiff, on October 30,2001; by Pamela D, Smyser, Defendant, on October 30, 2001. 4, Related claims pending: Settled by Agreement dated October 30, 2001. 5, Date Plaintiffs Waiver of Notice in S 3301(c) Divorce was filed with the Prothonotary: October 30, 2001 . Date Defendant's Waiver of Notice in S 3301(c) Divorce was filed with the Prothonotary: October 30, 2001 DATED: [OJ-=?D){) I By: Respectfully submitted, REAGER & ADLER, PC .~ D ,ISON CANTOR, ESQUIRE LD, No, 66378 2331 Market Street Camp Hill, PA 17011-4642 (717) 763-1383 Attorneys for Plaintiff lI"IIU1\, -'"'"~~ _0' ~l . -~. ~' o -o~ men 2::1:' /\ ~t~i:: ~c; >c~ Lei >c: :z: =< t_--- "M ~n c o -]"'j <::) " --j w <;:) -'f', - " ~r ;-.jj~ 'J ~,' ~...... ;.;~~;,~ ......... ~,-,} -~ "" ~ :::> (.J L.AW OFFICES SNEI..BAKER. BRENNEMAN & SPARE ., I I I I JOHN 1. SMYSER, I I Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2000 - 396 CIVIL ACTION - LAW CIVIL TERM v, PAMELAD, SMYSER, Defendant IN DIVORCE " II NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment 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 that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court, A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list, All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULJI.1ENT 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 WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, PC By vl!llll':tiIT LAW OFFICES SNE:LBAKER. BRENNEMAN & SPAF2:E [\ I I I I I I , i JOHN 1. SMYSER, I I _ "'_' "'.w_ ~"--~..""_"o,, "_ " {'" i" I I I I I Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2000 - .390 CIVIL ACTION - LAW v, CIVIL TERM I PAMELA D, SMYSER, Defendant IN DIVORCE AFFIDAVIT I ji Ii JOHN 1. SMYSER, being duly sworn according to law, deposes and says: Ii I 1. 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. 2. I understand that the court maintains a list of marriage counselors in the Office of the 'i Prothonotary, which list is available to me upon request :' Ii !I 3, Being so advised, I do NOT request that the court require my spouse and I participate i II in counseling prior to a divorce decree being handed down by the court, II ! I understand that false statements herein are made subject to the penalties of 18 Pa, C.S, 9 4904 relating to unsworn falsification to authorities, A:/~ , ,( JOHN f1MYSER (Plaintiff) Date: January 17, 2000 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE 1\ u JI II il II 'I II JOHN J. SMYSER, I , II q " II H :1 PAMELAD. SMYSER, 'I Defendant ii " H 'I I, II q II II - -.',-, ' - ",-,"" -,.... ~' <=-~-.' ~""'~'''.' , -c ",,,-,,,,,&r,,,,,,,,,_~'''. ~~.. ,~"."~~"~".... ~"''''O"''''';~' ...... I~" I. Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2000 - J96 CIVIL ACTION - LAW CIVIL TERM v. IN DIVORCE COMPLAINT 1. Plaintiff JOHN J. SMYSER, is an adult individual residing at 6405 Glenwood Street, Apartment 6, Mechanicsburg, Cumberland County, Pennsylvania 17055, 2, Defendant PAMELA D, SMYSER, is an adult individual residing at 46 Bayberry !I Drive, MeCh~C~bUrg, Cumberland count~, Pennsylvania 17055, . ii 3. Plamtlffhas been a bona fide reSident ofthe Commonwealth ofPennsylvama for at I , least six (6) months immediately previous to the filing of this Complaint. ,I i 4, The Plaintiff and Defendant were lawfully joined in marriage on June 5, 1993 in il J Cumberland County, Pennsylvania, 5, There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph 4, above. 6. Neither party is a member of the armed forces ofthe United States of America. 7, The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken, 8, The 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 requests this Court to enter a decree in divorce divorcing Plaintiff LAW OFFICES SNELBAKER. BRENNEMAN & SPARE and Defendant from the bonds of matrimony and to order such other relief as the Court deems just and reasonable. SNELBAKER, BRENNEMAN & SPARE, P.C. BY~~ Phi .p H pare, EsqUIre 44 West Main Street Mechanicsburg, PA 17055-0318 Telephone: 717-697-8528 Attorneys for Plaintiff John 1. Smyser Date: January 17. 2000 -2- LAW OFFICES SNELBAKER. BRENNEMAN & SPARE VERIFICATION I verifY that the statements made in the foregoing Complaint are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa.C.S, S 4904 relating to unsworn falsification to authorities, #~ 'John vSmys~ Date: January 17, 2000 [I LAW OFFICES SNELBAKER, BRENNEMAN & SPARE "":;"'-'~ , ~", 0..,.,_.\, _ JOHN 1. SMYSER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v, NO. 2000-390 CIVIL TERM CIVIL ACTION - LAW PAMELAD, SMYSER, Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) SS, COUNTY OF CUMBERLAND ) Philip H. Spare, Esquire, being duly sworn according to law deposes and says: that he is a principal in the law firm of Snelbaker, Brenneman & Spare, P. C, being the attorneys for John J. Smyser, the Plaintiff in the above captioned action in divorce; that on January 24,2000, he did send to Defendant Pamela D, Smyser by certified mail, return receipt requested, restricted delivery, a duly certified copy ofthe Complaint in Divorce which was filed in the above captioned action as evidenced by the attached cover letter of the same date and Receipt for Certified Mail No. Z 489 586 699; that both the Complaint and cover letter were duly received by Pamela D, Smyser, the Defendant herein, as evidenced by the return receipt card for said certified mail dated January 27, 2000; that a copy of the aforementioned cover letter dated January 24, 2000 is attached hereto and incorporated by reference herein as "Exhibit A" and that the original Receipt for Certified Mail and the Domestic Return Receipt are attached hereto and incorporated by reference herein as "Exhibit B"; and that the foregoing facts are true and correct i i ~ , ,', ' - 'j._.,..c "--~p""-,,.,..,,.: ,_"J"'_C' .':-.> "'ci~ , ~ , , , , to the best of his knowledge, information and belief. -~fQJi. -~ Plilltp H. are Sworn to and subscribed before me this 8th day of February, 2000, ~x.~ Notary Public HoIaIt8/ Sell! Suun L. =: Notary PubIlc I\II~ CWlII8I1and~ My on EllpiI8S 1I!ov,24, 2003 MlIlIlller, rA NolarIes I I I , I i , LAW OFFICES SNELBAKER, BRENNEMAN & SPARE %; SNELBAKER. BRENNEMAN S SPARE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 RICHARD C SNELBAKER KEITH O. BRENNEMAN PHILIP H. SPARE 717-697.8528 p, O. BOX 318 FACSiMILE (717) 697-7681 January 24,2000 Pamela D. Smyser 46 Bayberry Drive Mechanicsburg, PAl 7055 Re: John J. Smyser v. Pamela D, Smyser Court of Common Pleas of Cumberland County, P A No. 2000-390 Civil Term Civil Action - In Divorce Deal' Ms. Smyser: Enclosed for service upon you is a certified, true and correct copy of the Complaint which was recently filed in the above referenced matter, You should review this matter with your attorney and have him or her contact me to discuss how this matter can be resolved. Very truly yours, Philip H, Spare PHS/sz Enclosure CC: John J, Smyser (w/enclosure) Via certified mail, restricted delivery, return receipt Requested, parcel No, Z 489 586 699 EKHIBIT A - -'.","" " . Z 4.89 586 699 us Postal Service Receipt for Certified Mail No Insurance Coverage Provided. ,Do not use for International Mail See reV81S6 Se"UO pamela D. Smyser Street & Number 46 Ba berr Drive Post Office, State, & ZIP Gode 55 Postage .certified Fee $ .$5 1.40 'Special Delivery Fee Restrict 2.75 -1. .lil \ "' 0) 0) ~ 5 + . ''': ~ ". " ,.' .. , , ,"mplete items 1, 2, and 3. Also complete .itim 4 if Restricted Delivery is desired. .~~nt your name and address on t~e reverse __ that we can return the card to you. . A1tach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: o Agent D. Is delivery address ifferent from Item 11 0 Yes If YES, enter delivery address below: 0 No LAW OFFICES SNELBAKER. BRENNEMAN 8: SPARE 3. Service Type ~ertified Mail 0 Express Mail o Registered 0 Return Receipt for Mercha;ndise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes !i \i '!:l II (\ ;{\' Domestic Return Receipt 10259S-99-M-178S "~-----~----'-_..,_._~_.._-~~_..~-^-..~-~.~.,,~-~~,.._--_..- EXHiIlBIT B C) ~? -o~,;;:~ n-'lrr: ~f~ f0.'fi -~ ~'"'' 0..'7 "- ""-- ,~-'. J-;~C: -7' ~ c:.) o --n rn (;? C) -n I \..0 .~ } -.;.~?; -1'0 -~~jtf, ..".--;-1 ~.::~--S ~'Tt ~~~ ~- -,'J --,.... ? .- LAW OFFICES SNEL8AKER. BRENNEMAN & SPARE ,.. { , .... ~' JOHN 1. SMYSER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-390 CIVIL TERM CIVIL ACTION - LAW PAMELAD. SMYSER, Defendant IN DIVORCE PLAINTIFF'S AFFIDA VII OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on the 21 st day of January, 2000, 2, The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service ofthe 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 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, g4904, relating to unsworn falsification to authorities, Date: 10/'1"/01 , ~/4 John 1. Sm{s'er ;c,,, ;", " '" M~~- ,'n '--, ,;',~,:i -;,:: , , , , ., " ,", ~k ''- , " '~i ". .. ) ~ I 0 CJ ',".1 C -il s: C) -OlX n , "',- rn n" _I " r~:;;;; Z ~.r:; w .'On, ~~;~ '-:'C..::J 0 ) ,-. '~' ] '.' ~C: -r:) " ''::~;~ -'''- ;ZC' _.~~. \.. ) --.U r:- <'O.CI' );"C "~: ::;:,; z :::> ::::: =< t::> M LAW OFFICES SNELBAKER, BRENNEMAN & SPARE . .... JOHN 1. SMYSER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-390 CIVIL TERM : CIVIL ACTION - LAW PAMELA D, SMYSER, Defendant : IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I, I consent to the entry of a final decree of divorce without notice, 2. I understand that I may lose rights 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, 4, 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, 94904 relating to unsworn falsification to authorities, Date: 10/7 oftt ~/~ J , Smy?, " F"..'..'":,~ . , '~' ,- '.' ~ .. [} ,:ner .,J)f'>"" ~,..:.., f~i:' ~\......r )0. ~k) ...;:::.",,-' ~ -.( ,,,: o - o ;-:, .'-1 W C::.) _0 .';..!] .::v i,i~ 5;~' -V ~~ <:-- ':;:, <::0 ~ ~, ~.~ "'-"" ,- , . ... JOHN J, SMYSER, IN THE COURT OF COMMON PLEAS CUMBERLAND CO" PENNSYLVANIA Plaintiff NO. 2000-390 PAMELA D, SMYSER, Defendant CIVIL ACTION - LAW IN DIVORCE CUMBERLAND COUNTY AFFIDA VIr OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 2, The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3, I consent to the entry ofa 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: .",d."".".,." ,L.,","~._, 'Jtj:~ ~1ill1!iil8~~' << " d~.JLdll ~iVI!WI1l!~';t.lll!W "-1,' , " ,~ "" ,. ". .' "" ".'Ii 11 i " I' I; , i , I , ".. ... 0 a -, l..,j c: -n s: C) --,~ ""OrD r) DlfT. "-I '- Z:r 7r" W " cr.1}::: a C? ~r~; "~, , ~- v -'~-' '-h' )>~ ;Sc-:; ,~,,;i~~) "<~ C c- (:J ' ~c- 2 :::> ~ =< :C"i 0 -< ;;- ... , ,...all!' - :;. ~ ",J ..J , , ~ ~~~. 'i ,,-- JOHN J, SMYSER, IN THE COURT OF COMMON PLEAS CUMBERLAND CO" PENNSYL VANIA Plaintiff NO, 2000-390 PAMELA D, SMYSER, Defendant CIVIL ACTION - LAW IN DIVORCE CUMBERLAND COUNTY WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE L 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 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: IOM::-Ltf!:!~ a < 0 ~ o"laUllU.~ ~ - "~'''''I \.. 4il!b,_~IJJ!r""',"W&:IU!il--"'" -",", ~- '.", , " .'~; ~,', " ~" " '" I " .. ..... (") C> ,-, C u -"; $: C) -orD C") '~ miTT -j z::c: Z C W tTl :<.--~ ~2 (=, 'J"._- <c; ~~{~) ~c~ -0 -;-1 L:- ' ;~~~ >() ," c r:- c) Z :::> ~ =< (::.\ :-D -< ~ ,-, ~ < 0';., "- - ,. ~ ,. JOHN 1. SMYSER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO, 2000-390 PAMELA D, SMYSER, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO THE PROTHONOTARY: The Social Security number of the Plaintiff, Pamela D, Smyser is 224-29-0502, The Social Security number of the Defendant, John J, Smyser is 189-54-3983, Respectfully submitted, REAGER & ADLER, PC DATED: I 013010 I By: ~ ~ t? 2 ~ON CANTOR, ESQUIRE LD, No, 66378 2331 Market Street Camp Hill, PA 17011-4642 (717) 763-1383 Attorneys for Plaintiff ,- ... ~.< '"~. , - ~ . '~-".." - .. - . JOHN J, SMYSER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA y, : NO, 2000-390 PAMELA D, SMYSER, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw Defendant's Petition for Bifurcation, Respectfully submitted, REAGER & ADLER, PC DATED: IOj-W /D ! By: ,.,,,,:,",",",",,~- "~_.filltii~' -. ....fi!oi~~~l:li:m' ""j, '.;, , ~ '~,,' ,t, , - " IiiiiiiIl ~ ',,'" 0 0 () c: "n s:: Q -o(.G (""':1 -=:~ rnrT'1 -l Z::D W "', '~;~: '"',0 0 q('j r::G -0 ~;~?2 ;,:: Z-C) =:.:: 6f-~ )7~ S"? --'I ~ --:.11 ~ (Xl ::( !lli ---I JOHN J. SMYSER, IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYL VANIA Plaintiff NO, 2000-390 PAMELA D, SMYSER, Defendant CIVIL ACTION - LAW IN DIVORCE CUMBERLAND COUNTY TO THE PROTHONTARY: Please withdraw the Petition for Special Relief in the above-captioned matter. Respectfully submitted, REAGER & ADLER, PC ~["- t Ljl'!Ii,~n1IBil1ll~;mo,~i\Iii~<WJ~",~~._!li" .' ,~- "~, iilIIII' n c <." ~tC: zc ~~~~ >c~. Z,,-"-, 5c~ ~ -< '0, ~ C' ::-...:::: c:) ,....- ,0 - --I ::;.-:; --<:: "