HomeMy WebLinkAbout00-01217
,~r;-~'r~ '"' _
. , ~ ,"
..
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
~ ~~ ~~~ ~ ~~ ~~~ ~ ~~
~ :f.~ ~~"'~~
.
.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNA.
STATE OF
DF.NT!':F. To MONT!':MT'I'H,
Plaintiff
No. 2000 1217 Civil Term
VERSUS
BARRY R. MONT!':MT'I'H, !':R ,
Defendant
DECREE IN
DIVORCE
\ \I N2- 'L\
AND NOW,
'2QQQ ,IT IS ORDERED AND
DENISE L. MONISMITH
, PLAINTIFF,
DECREED THAT
BARRY R. MONISMITH, SR.
, DEFENDANT,
AND
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;
All iq.q.nPoq. h;:;n.TPo hPoPon rPoc:::.nlu~n rph~ ettac-hed Propert~{ c:o+-+-lement
Agreement, dated June 13, 2000, is rated but not
merged into the Div9rce Decree.
By TH
ATTEST:
ROTHONOTARY
.
~ ~ ~ ~ :f.~"'~ "':f. ~"'~ :f. :f.~:f.~:f. :f.:f.
:f. ~:f. ~
, " ~
,-j- -., ". "'-
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
J.
.
.
.
.
.
.
a.....""t\'llt' - '~~-~!IIIiW!ilililllll
1III.l!!mllf4l~
.""'. ..~t__~~If~~"~iW.-
,~ ~ , ..'
,
.-'"
~~~-.....,' """
~-
Iii
>> -Ill
OR ~ tlJ W c1~ /14~:'~ ~<:::; .
/'i1-~O 7fnfa ~ 'i 0/1-
.w.,-',;_
,
~
eJ t-
N \.c)
-S --
- 1
N G
lc)
1cJ
\
cO -9
C- is
-
~ ~
(f) lfJ
Cf) if)
I
31
C
~,( ^ . - ~ ,
I!!' .'_,
.-'-'"-"
, .
.
PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this 13 ~ day Of~' 2000 by and
between DENISE L. MONISMITH of Cumberland County, Pennsylvania
(hereinafter referred to as WIFE), and BARRY R. MONISMITH, SR. of
Cumberland County, Pennsylvania (hereinafter referred to as
HUSBAND) ,
WHEREAS, HUSBAND and WIFE were lawfully married on May 1, 1990
in Cumberland County, Pennsylvania; and
WHEREAS, one (1) child was born of this marriage, namely:
BARRY R. MONISMITH, JR., born November 5, 1990; and
WHEREAS,
diverse,
unhappy
differences,
disputes
and
difficulties have arisen between the parties and it is the
intention of HUSBAND and WIFE to live separate and apart for the
rest of their natural lives, and the parties hereto are desirous of
settling fully and finally their respective financial and property
rights and obligations as between each other, including without
limitation by specification: the settling of all matters between
them relating to the ownership and equitable distribution of real
-, .""
IP'_
~.- --
"~
~;
and personal property; the settling of all matters between them
relating to past, present and future support and alimony; and in
general, the settling of any and all claims by one against the
other or against their respective estates.
NOW, THEREFORE, in consideration of the premises and of the
mutual promises, covenants and undertakings hereinafter set forth
and for other good and valuable consideration, receipt of which is
hereby acknowledged by each of the parties hereto, HUSBAND and
WIFE, each intending to be legally bound, hereby covenant and agree
as follows:
1.
SeDaration:
It shall be lawful for each party at all
times hereafter to live separate and apart from the other party at
such place as he or she may from time to time choose or deem fit.
The foregoing provision shall not be taken as an admission on the
part of either party of the lawfulness or unlawfulness of the
causes leading to their living apart.
2.
Interference: Each
party
shall
be
free
from
interference, authority, and contact by the other, as fully as if
he or she were single and unmarried, except as may be necessary to
1
"
carry out the provisions of this Agreement. Neither party shall
molest the other or attempt to endeavor to molest the other, nor
compel the other to cohabit with the other, or in any way harass or
malign the other, nor in any way interfere with the peaceful
existence of the other, while living separate and apart.
3 .
Subseauent Divorce:
The parties acknowledge that WIFE
has
filed a Complaint
in Di vorce
in Cumberland County,
Pennsylvania, to docket number 00-1217 civil Term, claiming that
the marriage is irretrievably broken under the no-fault mutual
consent provision of Section 3301(c) of the Pennsylvania Divorce
Code. HUSBAND hereby expresses his agreement that the marriage is
irretrievably broken and expresses his intent to execute any and
all affidavits or other documents necessary for the parties to
obtain an absolute divorce pursuant to Section 3301 (c) of the
Divorce Code. The parties hereby waive all rights to request Court-
ordered counseling under the Divorce Code. It is specifically
understood and agreed by the parties that the provisions of this
Agreement as to equitable distribution of property of the parties
are accepted by each party as a final settlement for all purposes
2
" , . - -- ~-; ^. ~-
-, ,
whatsoever, as contemplated by the Pennsylvania Divorce Code.
Should a decree, judgment or order of separation or divorce be
obtained by either of the parties in this or any other state,
country or jurisdiction, each of the parties hereby consents and
agrees that this Agreement and all of its covenants shall not be
affected in any way by any such separation or divorce; and that
nothing in any such decree, judgment, order or further modification
or revision thereof shall alter, amend or vary any term of this
Agreement, whether or not either or both of the parties shall
remarry. It is specifically agreed that a copy of this Agreement
or the substance of the provisions thereof, may be incorporated by
reference, but not merged, into any divorce, judgment or decree. It
is the specific intent of the parties to permit this Agreement to
survive any judgment and to be forever binding and conclusive upon
the parties.
4.
Date of Bxecution:
The
"date
of execution" or
"execution date" of this Agreement shall be defined as the day 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
3
:'."
-T.,'
"
,
"execution date" of this Agreement shall be defined as the date of
execution by the party last executing this Agreement.
5.
Distribution Date:
The transfer of property, funds
and/or documents provided for herein, shall only take place on the
"distribution date" which shall be defined as specified herein.
6. Mutual Release: HUSBAND and WIFE each do hereby mutually
remise, release, quitclaim and forever discharge the other and the
estate of such other, for all time to come, and for all purposes
whatsoever, of and from any and all rights, title and interests, or
claims in or against the property (including income and gain from
property hereafter accruing) of the other or against the estate of
such other, of whatever nature and wheresoever situate, which he or
she now has or at any time hereafter may have against the other,
the estate of such other or any part thereof, whether arising out
of any former acts, contracts, engagements or liabilities of such
other or by way of dower or curtesy, or claims in the nature of
dower or curtesy or widow's or widower's rights, family exemption
or similar allowance, or under the intestate laws, or the right to
take against the spouse's will; or the right to treat a lifetime
4
~
, .
','
'^""
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 of the United States, or (c) any country,
or any rights which either party may have or at any time hereafter
shall have for past, present or future support or maintenance,
alimony, alimony pendente lite, counsel fees, property division,
costs or expenses, whether arising as a result of the marital
relations or otherwise, except, all rights and obligation of
whatsoever nature arising or which may arise under this Agreement
or for the breach of any provisions thereof.
It is the intention of HUSBAND and WIFE to give to each other
by the execution of this Agreement a full, complete and general
release with respect to any and all property of any kind or nature,
real, personal or mixed, which the other now owns or may hereafter
acquire, except and only except all right and agreements and
obligations of whatsoever nature arising or which may arise under
this Agreement or for the breach of any provision thereof.
It is further agreed that this Agreement shall be and
5
~,' .
"
<- "-," I'
~, -
constitute a full and final resolution of any and all claims which
each of the parties may have against the other for equitable
division of property, alimony, counsel fees and expenses, alimony
pendente lite or any other claims pursuant to the Pennsylvania
Divorce Code or the divorce laws of any other jurisdiction.
7.
Advice of Counsel:
The provisions of this Agreement and
their legal effect have been fully explained to WIFE by MARYANN
MURPHY,
ESQUIRE,
counsel for WIFE.
HUSBAND has knowingly,
voluntarily and willingly waived his right to counsel. HUSBAND
understands that he has the right to have this Agreement reviewed
by an attorney of his choice prior to its execution.
HUSBAND and WIFE acknowledge and accept that this Agreement
is, in the circumstances, fair and equitable and that it is being
entered into freely and voluntarily and that execution of this
Agreement is not the result of any duress or undue influence and
that it is not the result of any collusion or improper or illegal
agreement or agreements.
8.
Warranty as to Existina Obliaations:
Each party
represents that he or she has not heretofore incurred or contracted
6
"
, ".------
for any debt or liability or obligation for which the estate of the
other party may be responsible or liable except as may be provided
for in this Agreement. Each party agrees to indemnify and hold the
other party harmless for and against any and all such debts,
liabilities or obligations of every kind which may have heretofore
been incurred by them, including those for necessities, except for
the obligation arising out of this Agreement.
9 .
EXISTING DEBTS:
HUSBAND agrees that he shall be
solely and exclusively responsible for any and all debts in his
individual name. HUSBAND further agrees that he shall indemnify
WIFE and hold her harmless from any and all liability for same.
WIFE agrees that she shall be solely and exclusively
responsible for any and all debts in her individual name. WIFE
further agrees that she shall indemnify HUSBAND and hold him
harmless from any and all liability for same.
The parties acknowledge that there are no debts in joint
names.
10. Warrantvas to Future Obliaations: HUSBAND and WIFE each
covenant, warrant, represent and agree that, with the exception of
7
'.',n._ ',_, ,"
'-.1
obligations set forth in this Agreement, neither of them shall
hereafter incur any liability whatsoever for which the estate of
the other may be liable.
Each party shall indemnify and hold
harmless the other party for and against any and all debts, charges
and liabilities incurred by the other after the execution date of
this Agreement, except as may be otherwise specifically provided
for by the terms of this Agreement.
11. Personal PrODertv: The parties agree that HUSBAND shall
become the sole and exclusive owner of all personal property
currently in his possession and the following personal property
currently in WIFE's possession:
1. Meat grinder and attachments
2. Home construction CD ROM's for computer
3. Stein collection
4. Floor model R.C.A. television and the tall speakers
5. Satellite system
6. Camper (hardshell)
7 . Tru<;~k cap
8. Generator
9. Scrap aluminum
8
ff. ,_ _ ~ "" '_' _
WIFE shall ensure that all of the above items (1-10) are in the
same condition as they were at the date of separation. HUSBAND
shall retrieve the above property from the marital residence within
ten (10) days of the execution of this Agreement.
The parties agree that WIFE shall become the sole and
exclusive owner of all personal property currently in her
possession including, but not limited to, the pop-up camper, with
the exception of those items designated to HUSBAND above.
HUSBAND agrees to execute any and all documents necessary to
transfer the title of the pop-up camper to WIFE's individual name
within ten (10) days of the execution of this Agreement.
HUSBAND and WIFE agree that the above division of property is
mutually acceptable to them. Neither party shall make any claim to
any such item of marital property or of the separate personal
prope~ty of either party which will be in the possession and/or
under the control of the other at the time of the execution of this
Agreement, except as provided for herein. Should it become
necessary, the parties each agree to sign, upon request, any titles
or documents necessary to give effect to this paragraph.
9
.
'0-,
"
Property shall be deemed to be in the possession or under the
control of either party if, in the case of tangible personal
property, the item is physically in the possession or control of
the party at the time of the execution of this Agreement, except as
provided for herein; and in the case of intangible personal
property, if any physical or written evidence of ownership, such as
passbook, checkbook, policy or certificate of insurance or other
similar writing is in the possession or control of the party at the
time of the execution of this Agreement.
12. Motor Vehicles:
HUSBAND and WIFE acknowledge that
they own several vehicles: 1994 Jeep Grand Cherokee; 1989 Chevy
4x4; 1998 Suzuki 125 RM; 1982 Yamaha 650 II. The parties agree that
HUSBAND shall become the sole and exclusive owner of the 1989 Chevy
4x4; the 1998 Suzuki 125 RM; and the 1982 Yamaha 650 II. Within ten
(10) days of the execution of this Agreement, WIFE agrees to
transfer her all of her rights, title and interest in these
vehicles to HUSBAND's individual name. HUSBAND agrees to be solely
responsible for all costs and fees associated with these transfers.
The parties agree that WIFE shall become the sole and
10
--~.,
exclusive owner of the 1994 Jeep Grand Cherokee currently titled in
her individual name.
13.
Real PrODertv:
HUSBAND and WIFE have a lease-sales
agreement to rent-to-own real property located at 1 Cedar Lane,
Cumberland County, Pennsylvania. HUSBAND and WIFE acknowledge that
there is approximately nine thousand ($9,000.00) dollars owed on
that property under the lease-sales/rent-to-own agreement.
As of the date of the execution of this Agreement, the parties
agree that WIFE shall have sole and exclusive possession and
ownership of the real property and the parties' 1974 Mobile Home
with additions, along with the barn and shed, that is situated on
this property, and WIFE agrees to be solely responsible for all
expenses incurred by said property.
HUSBAND agrees that he shall transfer all of his rights, title
and interest in the property and Mobile Home to WIFE's individual
name within ten (10) days of the execution of this Agreement.
HUSBAND further agrees to execute, upon request, any and all
documents necessary to effectuate the terms of this agreement. WIFE
agrees to be solely responsible for any costs or fees associated
11
-'-", l'
--,-
with this transfer.
14. pension/Retirement Benefits: H U S BAN Dan d w r F E
acknowledge that neither has accrued pension/retirement benefits
during the course of the marriage.
15. After Acauired Personal PrODertv: Each of the parties
shall hereafter own and enjoy, independently of any claims or right
of the other, all items of personal property, tangible or
intangible, hereafter acquired by him or her, with full power in
him or her to dispose of the same as fully and effectively, in all
respects and for all purposes, as though he or she were unmarried.
16. ADDlicabilitv of Tax Law to ProDertv Transfers: The
parties hereby agree and express their intent that any transfers of
property pursuant to this Agreement shall be within the scope and
applicability of the Deficit Reduction Act of 1984 {herein the
"Act"}, specifically, the provisions of said Act pertaining to
transfers of property between spouses or former spouses. The
parties agree to sign and cause to be filed any elections or other
doc~ments required by the Internal Revenue Service to render the
Act applicable to the transfers set forth in this Agreement,
12
", 0
.
without recognition of gain on such transfer and subject to the
carry-over basis provisions of said Act.
17.
waiver of Alimonv:
The parties herein acknowledge that,
by this Agreement, they have respectively secured and maintained an
adequate fund with which to provide for themselves sufficient
financial resources for their comfort, maintenance and support.
HUSBAND and WIFE do hereby waive, release and give up any rights
they may respectively have against the other for alimony, spousal
support or maintenance. It shall be, from the execution of this
Agreement, the sole responsibility of each of the respective
parties to sustain themselves without seeking any support from the
other party.
18. Waiver of SDousal SUDDort, Alimonv Pendente Lite and
Counsel Fees: Each party hereby waives any rights to spousal
support and alimony pendents lite. The parties agree to be
responsible for their own attorney's fees.
19. Full Disclosure:
HUSBAND and WIFE each represent and
warrant to the other that he or she has made a full and complete
disclosure to the other of all assets of any nature whatsoever and
13
"-.. . - ~ "--~~ -
,.,
- ,.
~,
of every type whatsoever in which such party has an interest, and
of all other facts relating to the subject matter of this
Agreement.
20. Disclosure and Waiver of Procedural Riabts: Each party
understands that he or she has the right to obtain from the other
party a complete inventory or list of all of the property that
either or both parties own at this time or owned as of the date of
separation, and that each party has the right to have all such
property valued by means of appraisals or otherwise. Both parties
understand that they have the right to have the Court hold hearings
and make decisions on the matters covered by this Agreement. Both
parties understand that a Court decision concerning the parties'
respective rights and obligations might be different from the
provisions of this Agreement.
"
[1
Ii
'I
~i
Both parties waive the following procedural rights:
a. The right to obtain an Inventory and Appraisement of
all marital and separate property as defined by the Pennsylvania
:,
"
i.1
!i
"
;,
II
!J
.,
'I
~!
Divorce Code;
b. The right to obtain an Income and Expense Statement
14
!']"-
'~-, -' -?-,
.,
, _0'_,'_ ~
of the other party as provided by the Pennsylvania Divorce Code;
c . The right to have the Court determine which property
is marital and which is non-marital and equitably distribute
between the parties that property which the Court determines to be
marital;
d. The right to have the Court decide any other rights,
remedies, privileges, or obligations covered by this Agreement,
including but not limited to, possible claims for divorce, spousal
support, alimony, alimony pendente lite, counsel fees, costs and
expenses.
21. Waiver of Modification to be in Writina: No modification
or waiver of any of the terms hereof shall be valid unless in
writing and signed by both parties and no waiver of any breach
hereof or default hereunder shall be deemed a waiver of any
subsequent default of the same or similar nature.
22. Mutual CooDeration: Each party shall, at any time and
from time to time hereafter, take any and all steps and execute,
acknowledge and deliver to the other party any and all further
instruments and/or documents that the other party may reasonably
15
~'8 '
~', _c"',_
- ~.
.'>
"
require for the purpose of giving full force and effect to the
provisions of this Agreement.
23. ADDlicable Law:
This Agreement shall be construed in
accordance with the laws of the Commonwealth of Pennsylvania which
are in effect as of the date of execution of this Agreement.
24. Aareement Bindina on Heirs:
This Agreement shall be
binding and shall inure to the benefits of the parties hereto and
their respective heirs, executors, administrators, successors and
assigns.
25. Intearation:
This Agreement constitutes the entire
understanding of the parties and supersedes any and all prior
agreements
and
negotiations
between
them.
There
are
no
representations or warranties other than those expressly set forth
herein.
26. Other Documentation: HUSBAND and WIFE covenant and agree
that they will forthwith execute any and all written instruments,
assignments, releases, satisfactions, deeds, notes or such other
writings as may be necessary or desirable for the proper
effectuation of this Agreement.
16
--,. "",-
,
,~,' ~
. ,
27 . No Waiver on Defaul t :
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 in no way affect the right of such party
hereafter to enforce the same, nor shall the waiver of any default
or breach of any provisions hereof be construed as a waiver of any
subsequent default or breach of the same or similar nature, nor
shall it be construed as a waiver of strict performance of any
other obligations herein.
28. Severability:
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. Likewise, the
failure of any party to meet his or her obligation under anyone or
more of the paragraphs herein, with the exception of the
satisfaction of the conditions precedent, shall in no way avoid or
17
, .
,.,.
"
'I"
",,'
alter the remaining obligations of the parties.
29. Breach: If either party breaches any provision of this
Agreement, the other party shall have the right, at his or her
election, to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her. The party
b:t'eaching this contract shall be responsible for payment of
reasonable legal fees and costs incurred by the other in enforcing
their rights under this agreement.
30. Headinas Not Part of Aareement: Any heading preceding
the text of the several paragraphs and subparagraphs hereof are
inserted solely for convenience of reference and shall not
constitute a part of this Agreement nor shall they affect its
meaning, construction or effect.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals this day and year first above written.
6-/3-00 ~~~)p"o.,
Date Witnes f'ij'
bJL~ ~h~4wN.i"tf1~~~ /'~
Date Witne s ~ DENISE L. MONISMITH
18
~" - ~ ~,,-T' " _,,". ,_"0 _ , _
.
- !"- ~-, .
-,_u' -__"__ .,-
~
n ^,,'
.
I!ll_,"
_~ ~1~._~
." -i.'
- -~,
Cl
( ,
~---,--
..-::.
...~. ,
'J-.
C-
...r::.
C'-
r-:
~-'-
)>
~:-~;
/-C
..-1
-<
".-,
"---~
-cn
C')
(-',
.,
C,'
!~
'...1
",(
;:""
--i~j
---~. '- ,)
,.J
:::.1
~~
U_'
:..,..)
.
,_~.iW"''\'!-~,,11f<ll!;<;)''''''*1lI_'l\,m,'''~a~jil\<'~rn!i!ffi~'!I'~~~~
..
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
DENISE L. MONISMITH,
Plaintiff
: No. 2000.1217 Civil Term
v.
BARRY R. MONISMITH, SR.,
Defendant
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To The Prothonotary:
Transmit the record, together with the following information, to the Court for entry of a
divorce decree:
I. Ground for divorce: Irretrievable breakdown under Section 330J(c) of the Divorce
Code.
2. Date and Manner of service of the Complaint: Sent to Defendant on March 3. 2000 bv
U.S. mail. postage pre'paid. certified/restricted deliverv. Received bv Defendant on March 6. 2000.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the
Divorce Code: by Plaintiff, June 13.2000; by Defendant, June 13.2000.
(b)(l) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the
Divorce Code: N/A
(2) Date offiling and service ofthe Plaintiffs Affidavit upon Defendant: N/A.
4. Related claims pending: All claims have been resolved.
5. Complete either paragraph (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: NI A.
(b) Date Plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: June 15.2000.
(c) Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: June 15.2000.
Plaintiffs Social Security Number: 193.52-1620
Defendant's Social Security Number: 196.50-1576
Maryann urphy, Esquire
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
1.D. # 61900
- ~"!-<',
','XC '_"'-,~
~
,__^" I MlIlIIllil!!
o
c
u~
lTI'--::
~f~~'
~~~~-
~C:!
-;?Cr
=0
,.1;--,.-:.
'-
z
=--'2
, ~
<,
(",
,"_I
;~
~-
n_l,~
c:
;;:-,
\C?
:.)
- ~ .~
_~_~ ,~~' ~,t,o!;18'il1'4!-~im\I'~i!{<*,if'li;<;'f~!&!!If~.."."_,~!ll!fi.II!IiWf!~'fl<ffij\t~1!11!'~Jlllllll!'l'~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
DENISE L. MONISMITH,
Plaintiff
~ No. 00 -I}.. ) tfCivil Term
v.
BARRY R. MONISMITH, SR.,
Defendant
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HA VE 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, Cumberland County Courthouse, I 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, P A 17013
(717) 249-3166
~. ~_~".."' _. _.___,~,~_._1-
,,,,-
--.=~
..,
"
il
!I
II
!,
iI
"
1
I
"
"
,.
ri
'1
I;
:,1
!
ii
!I
Ii
'I
Ii
it
it
1
:1
II
II
Ii
!.1
11
I
I
I,,'
~ r
Le han demandado a usted a la corte. Si usted quiere defenderse en contra estas demandas
expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la
demanda y 1a notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado
y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra suya.
Se has avisado que si usted no se defienda, la corte tomara medidas y puede entrar una orden
contra usted sin previo aviso 0 notificacion ypor cuaiquier que ja 0 alivio que es pedido en la
peticion do demanda. USTED PUEDE PERDER DINERO 0 PROPIENDADES 0 OTROS
DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO
TIENE 0 CONOCES UN ABOGADO, VA Y A EN PERSONA 0 LLAME POR TELEFONO ALA
OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the Court, please contact
our office. All arrangements must be made at least 72 hours prior to any hearing or business before
the Court. You must attend the scheduled Conference or Hearing.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN1A
CIVIL ACTION - LAW
DENISE L. MONISMITH,
Plaintiff
: No.
00- l^\t-t
~~
v.
BARRY R. MONISMITH, SR.,
Defendant
: IN DIVORCE
COUNT I
COMPLAINT UNDER SECTION 330Hc)
OF THE DIVORCE CODE
AND NOW comes DENISE L. MONISMITH, by and through her
attorney, Maryann Murphy, Esquire of Legal Services, Inc., who
respectfully avers as follows:
1. Plaintiff is DENISE L. MONISMITH whose current address is
1 Cedar Lane, P.O.
Box 18, Plainfield, Cumberland County,
Pennsylvania.
2. Defendant is BARRY R. MONISMITH whose current address is
1 Cedar Lane, P.O.
Box 137, plainfield, Cumberland County,
pennsylvania.
3. Plaintiff and Defendant have been bona fide residents in
the Commonwealth for at least six months immediately previous to
the filing of this Complaint.
4. Plaintiff and Defendant were married on May 1, 1990 in
Cumberland County, Pennsylvania.
_r..j,,_~_~ ,'-_~' ,~__"_
, ~ ~
'p-"-'
t;;
5. There have been no prior actions for divorce or for
annulment between the parties.
6. Defendant is not a member. of the Armed Forces of the
united States of America or any of its Allies.
7. The marriage is irretrievably broken.
8. Plaintiff has been advised of the availability of
marriage counseling and that she may have the right to request the
Court to require the parties to participate in such counseling.
Being so advised, Plaintiff does not request that the Court require
the parties to participate in counseling prior to a Divorce Decree
being handed down by the Court.
9. Plaintiff requests this Court to enter a Decree in
Divorce from the bonds of matrimony.
COUNT II
COMPLAINT UNDER SECTION 3301(a) (6)
OF THE DIVORCE CODE
10. Plaintiff hereby incorporates by reference all of the
averments contained in Count I of this Complaint.
11/ Plaintiff avers that she is the innocent and injured
spouse, and that the Defendant has offered such indignities to the
Plaintiff so as to render her condition intolerable and life
burdensome.
12. This action is not collusive.
;0', ~
'd",
--I ,-
C.OUNT III
CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
ONDER SECTION 3502 OF THE DIVORCE CODE
13. Plaintiff hereby incorporates by reference all of the
averments contained in Count I and Count II of this Complaint.
14. Plaintiff and Defendant are the owners of real estate,
motor vehicles and other personal property acquired during the
marriage which is subject to equitable distribution by this Court.
15. plaintiff and Defendant have been unable to agree as to
an equitable division of said property as of the date of the filing
of this Complaint.
16. Plaintiff requests this Court to equitably distribute the
parties' marital property.
NHEREFORE, Plaintiff requests this Honorable Court to
enter a Decree:
a. dissolving the marriage between the Plaintiff and
Defendant; and
b. equitably distributing all property owned by the
parties hereto; and
"'-;"~~
- ,. ~-
. ~~-- - .--'
,', ~c", _'",'~'_ ',," ,_
c. for such further relief as the Court may determine
to be equitable and just.
Respectfully submitted,
Maryann Murphy,
LEGAL SERVICES,
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
LD. # 61900
Attorney for plaintiff
, ,,"-,
AFFIDAVIT
I, DENISE L. MONISMITH, verify that the statements made in the
foregoing 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.
3 - 3 -00
U~ 1,1/Il~
DENISE L. MONISMITH
Date
..,-."-'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DENISE L. MONISMITH,
Plaintiff
m.'.~Ii~
: No. 0 0 ' \ ^ \ '1 \.:ANlU
v.
BARRY R. MONISMITH, SR.,
Defendant
: IN DIVORCE
CERTIFICATE OF SERVICE
I, Maryann Murphy, Esquire, do hereby certify that a true and
correct copy of the within Divorce Complaint was mailed to the
Defendant, BAkRY R. MONISMITH, SR., by first class U.S. mail,
postage pre-paid, certified/restricted delivery, addressed as
follows:
Barry R. Monismith, Sr.
1 Cedar Lane P.O. Box 137
Plainfield, PA 17081
Respectfully submitted,
Maryann urphy, Esquire
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
LD. # 61900
Attorney for Plaintiff
.
~ ~"
.,,",
()
,'/,<<'"
:~>:
qJii~
__ r-'
~- "._'
,"F; ";-0
('--;
'\
<;'
...._,iI!i!lIH~IW~~Ilm!l~
~__ .I
f:..')
:.~
l>"
..
,,",""<
"
.-- ~-~- u~n
o
CJ
o
-"
~~!.
l'TI..21
!''''-
.-::'JTl
:.:::.::::.:J
(-, "
~j~
~-:3 rn
,,-'
$
-<
.=r;
J~y
::=;:J
i
c.)
::t:l~
-1,-:",-
\-1
c-
o";
~
"'"'
~
~
<;:'J
~
1..
r..
lllr'"
t
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DENISE L. MONISMITH,
Plaintiff
: NO.
00- I~)l-f
~~
v.
: IN DIVORCE
BARRY R. MONISMITH, SR.,
Defendant
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, DENISE L. MONISMITH, Plaintiff, to proceed in forma oauoeris.
I, Maryann Murphy, Esquire, of Legal Services, Inc., attorney for the party proceeding
in forma oauoeris, certify that I believe the party is unable to pay the costs and that I am providing
free legal services to the party. The party's affidavit showing inability to pay the costs of
litigation is attached hereto.
Marya Murphy, Esquire
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
LD. # 61900
Attorney for Plaintiff
;,"
--..-.
.
,
,'-
~'""
*-<
"-"',"
"'"''
0"-,- ~I'"'-' .~ --
--'",. "'~ '!'oW (~
.
(") (:J 0
~ 0 -n
-~ :::1
-~
"TJ 0:; J;;;l'I> ~.~~ ~ >-<n'.;:
lil ['f" :'::-'J :"1__';1_
/~- ::TJ I 'l:Jcn!
:-Z_ :~~:
'J--' <,) :~:,~! "r'i-
~-< ~,:~\..:?'C
" t-j ~:~ ~S'~;i;i
~::- ,.
--'-'h
~~;: C') 2S;Y1
'j; ro.. \.D
--'I
.- ;:,.- -'\:--
=j ~5.!
-"-. 0:0
~~li'j--l!i~~~_\li!_!"!IIIfMi,___<", ~~W~ilf
"fl. _~'":'_!
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DENISE L. MONISMITH,
Plaintiff
: NO.
v.
: IN DIVORCE
BARRY R. MONISMITH, SR.,
Defendant
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEAVE TO PROCEED IN FORMA PAUPERIS
I. I am DENISE L. MONISl\fiTH, Plaintiff in the above matter and because of my
financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing
the action or proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to pay
the costs of litigation.
3. I represent that the information below relating to my ability to pay the fees and costs
is true and correct.
(a) Name: DENISE L. MONISMITH
Address: I Cedar Lane. P.O. Box 18. Plainfield. PA 17081
(b) Social Security Number: 193-52.1620
If you are presently employed, state
Employer: Lear COIJloration
Address: SPring Road. Carlisle. PA 17013
Salary or wages per month: $ 2237.00
Type of work: laborer
I,'
If you are presently unemployed, state N/A
Date oflast employment: N/A
Salary or wages per month: N/A
Type of work: N/A
(c) Other income within the past twelve months
Business or profession: -0.
Other self.employment: c .0.
Interest: .0.
Dividends: .0.
Pension and annuities: .0-
Social Security benefits: .0.
Support payments: $173.00
Disability payments: -0-
Unemployment compensation and
supplemental benefits: .0-
Workman's compensation: .0.
Public Assistance: -0.
Other: -0.
(d) Other contributions to household support NONE
(Wife)(Husband) Name: N/A the parties are separated
If your (husband) (wife) is employed, state
Employer:
N/A
Salary or wages per month: N/A
Type of work: N/A
Contributions from children: -0-
(e) Property owned
Cash: -0-
Checking Account: $49.00
Savings Account: -0.
Certificates of Deposit: .0.
Real Estate (including home): aDDroximately $5.000.00 (trailer)
Motor vehicle: Make JeeD
Cost $15.000.00
Stocks; bonds: .0-
Other: -0.
Year 1994
Amount owed $10.000.00
(t) Debts and obligations
Mortgage: -0-
Rent: -0.
Loans: $268.00
Monthly Expenses: $1.500.00
(g) Persons dependent upon you for support
(Wife) (Husband) Name: N/A
,. H '~-_.' ,
.
Children, if any:
Name: Jamie Age: 18
Name: Melissa Age: 14
Name: Barrv Jr. Age: 9
4. I understand that I have a continuing obligation to inform the court of improvement in
my financial circumstances which would permit me to pay the costs incurred herein.
5. 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: 3 -3 -00
DENISE L. MONISMITH
I
,r.,
.
-,~,
...........
.'"-
~"
~~
.' ;WJ?rM'1f~WW!~~'lI'!l!i~t_ 0_,
"
'1
HiI'
C) CJ 0
f 0 -'n
3=
-r} r'--; :1;..... ;?~
rn r',~: -;.;0 ;
7: " I jT1
2' f '-r-,
~ -..... c.) ; ~:~ C~J
,
r' ;-.:j C}
:::::: ~.' J:;;'" ....,
;'-2 ""1'1
-,-:", () ('3
;~~
)> ~=: '.D ;-:) ;-n
a.oj
~ r..- :..'
:::.)
0:> -<
^^~
e ~ _,..~ ~r
_..IlI..r
I
I
I
I
I
,
I
I
I
I
,
I
I
i
I
I
I
i
"'"
~ $ENDER: ._ I also wish to receive the
'2 ill Complete items.1 and/or 2 for additional services. following services (for an
'II) . Comrn,ete items 3, 48, and 4b.
'I = 'ii Print Y'our name and address on the reverse of this form so that we can return this extra fee): ai
1. "card to you. D U
~ . Attac~, this form 10 the front of the mailpiece, or on the back if space does not 1. Addressee's Address 'S:
. 2!- .1:~lt';Retum Receipt Requested" on the mailpiece below the article number. ~ MBstncted Delivery , ~
,! it The _R~turn Receipt will show to whom the article was delivered and the date ~C It t ~ _
... delivered. onsu pas maSler TOr Tee. Q,
~ 3. Article Addrr~d ~,~. ~ ArtI3e~~ber 8 q ~ ~ 9 ~
c. B ~ ,'- . f J .. ~ 0 IJ. mil f 31 4b, Service Type ~
~ J ~ ~ J I~ 0 Registered )(certified a::
p~ i'\ A D Express Ma,l D Insured g>
, . ',' f' I "f 0 8 I 0 Return Receipt tor MerellaMise 0 COD .~
7. Date of Delivery .2
'3 -b -cJ?7 ~
8. Addressee's Address (Only if requested ...
and fee is pa;d) Ii
~
~
[ X
.!l PSF0\1'!13l!11;
102595,98,.,0229 Domestic Return Receipt
~.~
'-,'
P~-"
'", ~
. ,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
DENISE L. MONISMITH,
Plaintiff
: No. 2000-1217 Civil Term
v.
BARRY R. MONISMITH, SR.,
Defendant
: IN DIVORCE
AFFIDAVIT OF SERVICE
I, Maryann Murphy, Esquire, depose and say:
1. That I am an adult individual residing in Cumberland County, Pennsylvania.
2. That on March 3, 2000, she sent by U.S. first class mail, postage pre-paid,
certified/restricted delivery, number Z 338.891.209, a 3301(c) Complaint in Divorce to the
Defendant, BARRY R. MONISMITH, SR., at the following address:
Barry R. Monismith, Sr.
1 Cedar Lane, P.O. Box 137
Plainfield, P A 17081
3. That on March 6, 2000, the Defendant was served with the Complaint in Divorce
as evidenced by his signature on the green card, number Z 338.891.209, which is attached hereto.
"
.
~~M.L
Maryann hy, Esquire
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
LD. # 61900
^~
,
"
C)
c
<
-06:;
rn[';-!
z..:x.i
~::;:~
-C,/
r.::t-::
:10'
zC
o:;~O
Pc
Z
=2
C)
c;
S:::
-::-~.
~
:;:>~
\...C..
j~
--..)
-<
~
f;::)
.
.
.4~'I.m\'-'fi'io/'~IIl'<~...Ilt~1ll
. ~,,~Al'J!~~>fWllilI!'JllIj~mh~
l!ilfill~"",,.!
. .
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
DENISE L. MONISMITH,
Plaintiff
: No. 2000-1217 Civil Term
v.
BARRY R. MONISMITH, SR.,
Defendant
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 330 I (c) of the Divorce Code was filed on March
3, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) 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 ofthe 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.
Co - I 3 -0 ()
Date
0~t. ~~
DENISE L. MONISMITH
,
~
""~,
.
T~
,.
(') c:)
C C'
~ ~- '--1
"U;.-t]
mr/: .,,"--
Z:r}
? c::
rZ' "
;:..-; ~
~ 2:=,~~'
~ <....' _~.:b. ,
n
)> c.: 1..9
::::-: - .
::.::! ':.,'.' =:0
C:J -<.:
.. .'" l' .~~..~,-.
--,
~_ 'RHf
<" .
-- ,,'" .
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CML ACTION - LAW
DENISE L. MONISMITH,
Plaintiff
: No. 2000-1217 Civil Term
v.
BARRY R. MONISMITH, SR.,
Defendant
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 330 I (c) of the Divorce Code was filed on March
3, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days
have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a fmal decree of divorce after service of notice of intention to
reque~t 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.
6-/3-00
Date
B
!,-,
I.
--" ...
"
_MI'lI~
., ~ - ~~~ '^- ,', -~'-'
~~,*mo_~
~.~ -- v - - , ^'~Iliillliiiik;
" ~
(") C} ()
c:: 0
~;:: ~::::::
-0 CD
f'11j'TI -'--'~
2::;:1 ""-
Z ;::.
en .~. (.,r;
.< .r..:..
!:::C> ):#
~c, ~,;:
s:;:C; 'P.
c
z >> :L\
=2 c) .-<
..-~ '"-~ ~,
. -.
~~ ,,,,__.~IliU!!
~ .- ..
.. .-- .
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DENISE L. MONISMITH,
Plaintiff
: No. 2000-1217 Civil Term
v,
BARRY R. MONISMITH, SR.,
Defendant
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
I. I consent to the entry of a fmal decree of divorce without notice.
2. I understand that I may lose rights concerning alimony,
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 unsworn
falsification to authorities.
6-/3-00
Date
fi'
::,~-
. .
~
. -", '"
"
n .~
,~~--
c C.,3 ~. j
-lJPf~ r,
~::~
n"I(:-j '.-
2::,.. ,,---
:z: c
~~?: ("
"
C:c
.:;;:- :t~..
~~3
,..;.;"'c::: .~
"';~' (-.-J
2: ~ :.:::~~
--r :b
-< c::) -<
,,~.~.&; l 1_11f
. lF~1'l.lffi1~~l!)J$._'~~'llIi1l~Jlti1- n !"_W~iPlI"'~"I"'"L
1'-
.....
-