HomeMy WebLinkAbout01-05759
.
.
.
.
.
.
.
.
.
'1~~
-' ,,~~, ",,' -
.
.
.
.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
Julia &. &nyser,
F'laiRtiff
No.
5759 Civil
2001
VERSUS
Mosser M. &nvser,
Defendant
DECREE IN
DIVORCE
AND NOW, 1~"""1
:s-~
, "'-co..., IT IS ORDERED AND
DECREED THAT Julh iA.. &IIYS"T",
, PLAINTIFF,
AND
Mosser M. &nyser
, 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;
None.
BY;E C~U~;i
------~
PROTHONOTARY
.
~~ '.-,
_, "Cb' ,,, _~
",
."-'
" .-
~~
- ,-,
" ,
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
J.
.
.
.
.
.
.
~
..
"."", . "" '<"""il'lr'l'rrH"'''nhl11lnll~n1'fi'"t1i1'lft~lilhJ'I~~'';&''
.~~~~
~~ r:% ~ '~w-~...b? ~
.' "4
.
."
CtJ-C;-C'
('C' '7 C'
'i.
.'
.<' \- .
,
ii;,
!
i)'
,~- ~
'1!Ml1:irtl"",_~,,~ ~_ ~~"",_"",_""=A_~~~IW-~>l'w,l""'l'"'];';m_\j'~t'!'W'~W:'rI,-,"GI~W~',i;!""",,nn!~~;~.,%~ti'lll!'\'..,'lI~_",r.;!lffl1~@1!~i@!;~_c\l'~~~~,,;:
'9,
.
,
JULIA A. SMYSER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 5759 Civil Term 2001
MOSSER M. SMYSER, JR.,
Defendant
: ACTION 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 93301 (c) of the Divorce
Code.
2. Date and manner of the service of t~e Complaint: Delivered by certified mail.
restricted delivery. return receiot reQuestect.deiiven:id on: October 11, 2001.
3. Date of execution of the affidavit of consent required by 3301 (c) of the
Divorce Code:
By Defendant:
January 30, 2002.
January 30, 2002.
By Plaintiff:
4. Related claims pending: None.
5. Date Defendant's Waiver of Notice in g3301(c) Divorce was filed with the
Prothonotary: January 31, 2002.
Date Plaintiff's Waiver of Notice in g3301(c) Divorce was filed with the
Prothonotary: January 31, 2002.
Respectfully Submitted:
Date:/. 3;' O~
ne Adams, Esquire
. . No. 79465
117 South Hanover St.
Carlisle, Pa. 17013
(717) 245-8508
Attorney for Plaintiff
I---~_,---"
,.~
. ~r
. ,
-
..
~--,..,.,~-
~-,
OW' ~." __,_ ,,~ ~~..
~, ~--- - ':'r~" ",-"., ~,'- 'T-~'" -.---"'r",,,~~~<t/,:"~t"~~'-~C-'-'l~fi'S':~'t~(;j,~'''::'::-~':'{ ";~;h~r.~~"flli':'~?\i:::~:n:u
,
(")
C
-oCt
mr-'~
Z:i';;
i~
~CI
-c
3
,
IJ!_~:l!i~~l!W~~~~~~UjU'" I~AILL'tIl-JlJ.lY'P'_-i.;:!'-)-"'J''ij,~'._"",,~;-,
C~l
l~,,-)
U>
;"n
.~o
~
-,<'-,
~? ~f:
(~/??5
()".
~
-<
N
J.)
-:","'-'-U"'i'~'-"W10W~1'i'o'''''"_';~'''~!iIiFi-l.._",''''''''\2'::'1.c,)"S'f1If-"J'" ,!~'m~""p-;.F;'l/fP;:'-1
. .
JULIA A. SMYSER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 5759 Civil Term 2001
MOSSER M. SMYSER, JR.,
Defendant
ACTION IN DIVORCE
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on May 20, 1995, in Talbot County,
Maryland, and;
WHEREAS, there were no bom of this marriage;
WHEREAS. 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
desire to settle their respective financial property rights and obligations as between each other, including
the settling of all matters between them relating to ownership and equitable distribution of real and
personal property; the settling of all matters between them relating to the past, present, and future
support, alimony, and/or maintenance of Husband or Wife; and in general, the settling of any and all
possible claims by one against the other or against their respective estates;
NOW THEREFORE. Wife and Husband, each intending to be legally bound, hereby covenant
and agree as follows:
1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a full and
fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as
any other fact relating in any way to the subject matter of this agreement. These disclosures are part of
the consideration made by each party for entering into this agreement.
2. ADVICE OF COUNSEL. Husband is PRO SE. The Wife has employed and had the benefit or
counsel of Jane Adams, Esquire, as her attorney. Each party has carefully and completely read this
agreement and has been advised and is completely aware not only of its contents but of its legal effect.
Husband has been advised of his right to counsel, voluntarily elected to forego representation. and
understands that Jane Adams, Esquire is only representing Wife.
3. SEPARATION. In the future. the parties intend to maintain separate and permanent domiciles
and to live apart from each other. It is the intention and purpose of this agreement to set forth their
respective rights and duties while they continue to live apart from each other. Whereas a Complaint in
Divorce was filed, both parties will agree to a No-Fault Divorce after the applicable ninety (90) day time
period has run.
The parties have attempted to divide their matrimonial property in a manner which conforms to a
just and right standard, with due regard to the rights of each party. It is the intention of the parties that
'. ~
. ~
,.^
-
-.-
such division shall be final and forever determine their respective rights. The division of existing marital
property is not intended by the parties to constitute in any way a sale or exchange of assets.
4. FREEDOM FROM INTERFERENCE. Further, the parties agree to continue living separately
and apart from each other at any place or places that he or she may select. Neither party shall harass.
annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Each party may carry
on and engage in any employment, profession, business or other activity as he or she may deem
advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership,
enjoyment, or disposition of any property now owned and not specified herein or property hereafter
acquired by the other.
5. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Wife has filed a Complaint in
Cumberland County, 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 further specifically understood and agreed by the parties that the provisions
of this Agreement relating to equitable distribution of property of the parties are accepted by each party as
a final settlement for all purposes 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
being understood by and between the parties hereto that this Agreement shall survive and shall not be
merged into any decree, judgment, or order of separation.) It is specifically agreed, however, that a copy
of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any
divorce, judgment, or decree. This incorporation, however, shall not be regarded as a merger, it being the
specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding
and conclusive upon the parties.
6. DATE OF EXECUTION. The "date of execution" or "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.
7. 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 the date of execution of this
Agreement unless otherwise specified herein.
8. MUTUAL RELEASE OF ALL CLAIMS. HUSBAND and WIFE each do hereby mutually
remise; release, quit-claim and forever discharge the other and the estate of the other, of and from any
and all rights; titles, 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, or whatever nature and
wheresoever situate, which she or he now has or at any time hereafter may have against such 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 of
widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right
to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or
all other rights of a surviving spouse to participate in the decease spouse's estate, whether arising under
the laws of Pennsylvania, any state, commonwealth, or territory of the United States, or any other country,
or any rights which Wife may have or at any time hereafter have for past, present or future support or
maintenance, alimony, alimony pendente lite. counsel fees, costs or expenses, whether arising as a result
of any marital relation or otherwise, except, and only except, all rights and agreements and obligations of
'-'?pl~'l
- -.-
whatsoever nature arising or which may arise under this agreement or for the breach of any thereof.
9. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants represents that
they have not contracted any debt or liability for the other or which the estate of the other party may be
responsible or liable, and except only for the rights arising out of this agreement, neither party will
hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be
liable. Each party agrees to indemnify or hold harmless from and against all future obligations of every
kind incurred by them, including those for necessities. Husband agrees to indemnify Wife for any and all
obligations or taxes incurred for or by his business, South Mountain Plumbing and Heating.
10. DIVISION OF PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that
they will divide their tangible personal property within fifteen (15) days of the signing of this agreement.
Such personal property shall include, but not be limited to, jewelry, clothes, furniture, furnishings,
rugs, carpets. household equipment and appliances, pictures, books, works of art, and other personal
property. Except as may otherwise be proVided in this Agreement, Wife agrees that all of the property of
Husband or in his possession upon division shall be the sole and separate property of Husband; and
Husband agrees that all of the property of Wife in her possession upon division shall be the sole and
separate property of Wife. The parties do hereby specifically waiver, release, renounce, and forever
abandon whatever claim, if any, he or s,he may have with respect to the above items which shall become
the sole and separate property of the other.
11. BOATS AND MOTOR VEHICLES. With respect to the motor \(ehicles, owned by one or
both of the parties, they agree as follows:
(a) The 1991 Mercury Sable shall be and remain the sole and exclusive property of Wife.
(b) The 1989 Ford Ranger truck shall be and remain the sole and exclusive property of Husband.
All boats, including the 17 foot Starcraft shall remain the sole and exclusive property of Husband.
(c) The International 244 Tractor shall remain the sole and exclusive property of Wife.
The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting
transfer as herein provided, within thirty (30) days of the date of execution of this Agreement, and said
executed titles shall be delivered to the proper parties on the distribution date. Each party agrees to be
solely responsible for the amounts presently due and owing against his or her respective boats or
vehicles.
13. MARITAL HOME. HUSBAND and WIFE hold title as Tenants by the Entireties to the
premises identified as 1157 Greenspring Road, Newville, Pennsylvania. The parties agree as follows with
respect to the marital residence:
(a) On or with thirty (30) days of this agreement, HUSBAND shall deliver a warranty deed,
conveying to WIFE all of his right, title and interest in and to the marital residence. Thereafter,
WIFE shall be the sole owner of the marital residence and shall be permitted to record the deed
and take any other action with respect thereto that she deems appropriate.
(b) As of the date of separation, and without regard to when bills for such items are incurred,
received or due, WIFE shall be solely responsible for all past, present, and future costs or
liabilities associated with or attributable to maintaining the marital residence (except as provided
herein), including but not limited to, all real estate taxes, water and sewer rents, gas, electric, and
telephone service, homeowner's insurance, and gardening expenses and repairs, and WIFE shall
keep HUSBAND and his successors, assigns, heirs, executors, and administrators indemnified
and held harmless from any liability, cost or expense, including attorney's fees, which are incurred
in connection with such maintenance, costs, and expense.
i;~r.l!!1t_ ""_.,"
, .
(c) There is presently an outstanding mortgage against the martial residence. WIFE shall be
solely responsible for timely payments of all past. present, and future principal, interest and other
fees under the mortgage.
14. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to
distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S.A. section
3501 et. seq. The division of existing marital property is not intended by the parties to constitute in any way
a sale or exchange of assets, and the division is being effected without the introduction of outside funds or
other property not constituting marital property. The division of property under this agreement shall be in
full satisfaction of all marital rights of the parties.
Pursuant to equitably dividing the couple's property, Wife shall pay Husband the amount of
Seventeen-thousand eight-hundred dollars. ($17.800.00) within thirty (30) days of executing this
agreement.
15. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties agree to waive any and all
rights they have in and to each other's employment benefits, including but not limited to both parties
pensions and retirement plans and Incentive Savings Plans. The parties agree never to assume any
claim to such benefits of the other at any time in the future.
16. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party hereby waives any
right to alimony pendente lite, and each party agrees to be responsible for his or her own legal fees and
expenses. The parties herein acknowledge that by this Agreement, they have respectively secured and
maintained a substantial and adequate fund With which to provide for themselves sufficient financial
resources to provide for their comfort, maintenance, and support in the station of life to which they are
accustomed. Wife and Husband do hereby waive, release, and give up any rights they may respectively
have against the other for alimony, 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.
17. INCOME TAX RETURNS. Husband and wife represent to each other that to the best of their
knowledge all tax returns and other documents required to be filed with the Internal Revenue Service for
calendar years 1995 through 2000 have been filed and that no notices have been received from the
Internal Revenue Service which remain unresolved. Each party further represents to the other that to the
best of his or her knowledge, the information set forth in the joint tax return for these calendar years was
and remains accurate as relates to his or her sole income and acknowledges that the other party relied on
such representations in signing those returns. Therefore, if any deficiency in federal, state, or local
income taxes is proposed, or any assessment of any such tax is made against the other party by reason
of his or her having joined in the filing of joint federal, state or local income tax returns, Husband and Wife
shall indemnify and hold harmless the other against and from any and all tax; interest, penalty, or expense
relating from any such tax deficiency, including reasonable counsel and accounting fees, and such tax,
interest, and penalties or expenses shall be paid solely and entirely by the responsible party as
determined to be attributable to that party on account of misrepresentation or failure to disclose relevant
information of income on the aforesaid joint returns.
18. WAIVER OR MODIFICATION TO BE IN WRITING. 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.
19. MUTUAL COOPERATION. 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
inst/1Jments and/or documents that the other party may reasonably require for the purpose of giving full
force and effect to the provisions of this Agreement.
~~r_
. ~ ,
.
- , _~, r .
-
20. APPLICABLE LAW. The Agreement shall be construed in accordance with the laws .of the
C.ommonwealth of Pennsylvania which are in effect as .of the date .of executi.on .of this Agreement.
21. INTEGRATION. This Agreement c.onstitutes the entire understanding of the parties and
supersedes any and all pri.or agreements .or neg.otiati.ons between them. There are n.o representati.ons .or
warranties .other than those expressly set f.orth herein.
22. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will f.orthwith
execute any and all written instruments, assignments. releases, satisfacti.ons, deeds, n.otes, or such other
writings as may be necessary .or desirable for the pr.oper effectuation of this Agreement.
23. NO WAIVER OF DEFAULT. This Agreement shall remain in full f.orce and effect unless and
until terminated under and pursuant t.o the terms .of this Agreement. The failure of either party t.o insist
up.on strict performance .of any .of the provisi.ons of this Agreement shall in n.o way affect the right .of such
party hereafter t.o enforce the same, n.or shall the waiver .of any default .or breach of any pr.ovision hereof
by c.onstrued as a waiver .of any subsequent default .or breach .of the same .or similar nature, n.ot shall it be
construed as a waiver .or strict perf.ormance .of any .other .obligati.ons herein.
24. SEVERABILITY. If any term. c.onditi.on, clause, .or pr.ovisi.on .of this Agreement shall be
determined .or declared to be v.oid .or invalid in law .or .otherwise. then only that term. c.ondition, clause, or
provisi.ons shall be stricken fr.om this Agreement; and in all .other respects, this Agreement shall be valid
and continue in full force, effect. and .operati.on. Likewise. the failure .of any party t.o meet his .or her
obligati.ons under any .one .or m.ore of the paragraphs herein, with the excepti.on .of the satisfaction of the
conditi.ons precedent, shall in n.o way av.oid .or alter the remaining .obligati.ons .of the parties.
25. BREACH. If either party breaches any provisions .of this agreement, the .other party shall .
have the right, at his .or herelecti.on, t.o sue f.or damages f.or such breach, or seek other remedies .or relief
as may be available t.o him or her, and the party breaching this contract sh.ould be resp.onsible f.or payment
of legal fees and costs incurred by the other in enf.orcing their rights under this agreement.
26. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreement ackn.owledges
and declares that he .or she is fully inf.ormed as to the facts relating t.o the subject matter of this
agreement, is entering int.o this agreement v.oluntarily, free fr.om fraud, undue influence, coercion .or
duress .of any kind, has given carefulth.ought t.o the making .of this agreement, has carefully read each
pr.ovisi.on .of this agreement, and fully and c.ompletely understands each provision .of this agreement.
IN WITNESS WHEREOF, the parties have hereunt.o set their hands and seals the day and year
first above written:
WITNESS:
A. SMYSER
s
Date:
!l---q~ol
-;. ~ ~,
~,'
~e ^ ., '_'~', ,.,
"
;oil> "
.
-
.
'.
COMMONWEALTH OF PENNSYLVANIA )
):ss
COUNTY OF CUMBERLAND )
On this, the~a~ of ~v ,2001, before me, the undersigned officer,
personally appeared \J '0 ~I '() 7t.,\u,c~ known to me, (or satisfactorily proven) to be the
person whose name is subscribed to the withili'ii1Strument, and acknowledged that he/she executed the
same for the purposes therein contained,
IN WITNESS WHEREOF, I hereunto set my hand a
~
~-M' SER,J '
. NOT.!,.R1At SE,:';L .m
eXIl~ E. ,'DN,!;:3, 1\j;;t3iy Public
Carlisle Bore, Cl!mbe;j~~d County
My Commission Expires Sept 6, 201M
Date:
COMMONWEALTH OF PENNSYLVANIA )
):ss
COUNTY OF CUMBE~ND )
On this. the ~ 0 ft;~ ,2001, before me, the undersigned officer,
personally appeared i known to me, (or satisfactorily proven) to be the
person whose name is subscribed to he within instrument, and acknowledged that he/she executed the
same for the purposes therein contained.
IN WITNESS WHEREOF. I hereunto set my hand and offi . al.
SEA
I SEAl.
JANE E. ADAMS, NotalY Public
Carlisle Bow, ClImberianll CountY
My Commission ExpIres Sept 6. 2004
, !
"'" " .i~'
Ii
~_.
;..
8:"
~.i.
,
C"
.-)
.!Ifllll!I~-
... ~-~
"
'- 'M' ~-~,." ~,~< :z,,-t~;,-.P~t""_'''fsffiJ'''1P'/(~ l~_'-'r;:f;tl":'t":q~o:'~i~~iF*~',%:~f.~-'::Tr'1ri''ffl'~~tfJ~*:if.?'~~~;~2JJ%
Lr,
>-
~:
~~;ffiE
>
Z2
.~
'j]H:
,
'."..r:
:-,,"')
~~t"
',:':)
:~)
C>
I~VJ
'0'
~
P~~""'_""':~~~~~il!i!17{f"'U-';"-"'*3i'" .";CO,'.",",' ""'-<""'~1'~"";-F;"'.:>?""J;W_~j'f1fl)!lo/'!t'Ul"1;;N$!i"_mfl!NlJ~"~lfJi!!l1I~i<
.
. .
JULlA A. SMYSER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
; No. (>(- 51 S-q
Civil Term
MOSSER M. SMYSER, JR.,
Defendant
: ACTION IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you 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 armulment 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.
Where 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 at the
Office of the Prothonotary, Cumberland County Courthouse.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM.
YOU SHOULD TAKE TillS 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.
CUlllberland County l3ar Association
2 Liberty Avenue
Carlisle, Pa. 17013
(717) 249-3166
-~;I~' ". - . ~
~~i
k>,@!L!~""", .
I
..
JULIA A. SMYSER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLV ANlA
~ No. 0 1~07~
vs.
Civil Term
MOSSER M. SMYSER, JR.,
Defendant
: ACTION IN DIVORCE
COMPLAINT IN DIVORCE
1. Plaintiff is Julia A. Smyser, a competent adult individual, who has resided at 1157
Greenspring Road, Newville, Pa. 17241, since 1997;
2. Defendant is Mosser M. Smyser, a competent adult individual, who has resided at
ll57 Greenspring Road, Newville, Pa., l7241, since 1997.
3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at
least 6 months immediately previous to the filing of this Complaint.
4. The Plaintiff and the Defendant were married on May 20, 1995 in Talbot County,
Maryland.
5. There have been no prior actions of divorce or for armulment between the parties.
6. 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.
7. Plaintiff and Defendant have no children together.
8. Plaintiff and Defendant are both citizens of the United States of America.
9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States
of any of its allies.
J;\'.'l~l'l.".
.
.
I O. The Plaintiff avers that the grounds on which this action is based are:
(a) That the marriage is irretrievably broken; and/or
(b) That the Defendant has offered such indignities to the Plaintiff, the innocent
and injured spouse, as to render her condition intolerable and life burdensome.
WHEREFORE, Plaintiff requests the court to enter a decree in divorce.
I verify that the statements made in thi~ Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S,'S4904 relating to unsworn
falsification to authorities.
Respectfully submitted,
Date: Jt)-rf/-c7
e Adams, Esquire
I . No. 79465
17 South Hanover St.
Carlisle, Pa. 17013
(7l7) 245-8508
ATTORNEY FOR PLAINTIFF
.
",- "",,-,""
\~~ '""-
fC)
- cl
- -.J
.....i -1:\
~ ~
-...I
0J ~!
""-
,..J
?I<J
'^ ~,
('I
"~ll~""",~ Ol"I'T~t"~'\;Wjffl!_~I!liJf~~~''!'JJI!~~.~m!I!~j!IiI'!M.I*''''''''''1'-~'1lf~I1WM~f\j~1@~i''f'"Jli:o;q"-"'-"~P_;:'\"'I""''''''':
"""'~T'l'ii~lIIrnllJlrJtf~)fITllnlr'I'!'iIl't'~ff<lif~""
o
i~>f
{;~\';:,
i~E~'
-.,
-=..:/
'C:>
-'-
.J
--'1
-..
i\.l
.:"-~
'--
C:...:
~.
.
~
;""'-"'''~_'H,~",rg;'~''-!':!'W',,~''"''i''l''i\J':'',''"','mr-'''i",'*,11i,:-"-,,,,,,,,,,,~fc*O!OOMt;;'-:.-
JULIA A. SMYSER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V5.
No. 5759 Civil Term 2001
MOSSER M. SMYSER, JR.,
Defendant
o CJ
c:: N
:?
-u r)} e_
nl", ;:::
-::-- -'I , ,..~..
zE' ::...>
(()",>
-</
~c: \1
?c) .-
~c
so: , l'-)
c:: ..
1. A compiaint in divorce under section 3301 (c) of the Divorce Code was filed on ~Obe@,
ACTION IN DIVORCE
o
-"
.-j
~,-~'i Z1
AFFIDAVIT OF CONSENT
-,-'!~-n
:'~~r.[
~-:1CJ
-.- -,-,
:::2:~~
l~m
:::;;;!
:o:J
-<
2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed
from the date of the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to request
entry of the decree.
I verify that the statements made in this affidavit are true and correct. I also understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification
to authorities.
Date: /.?:o ' 0 2.--
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER 63301lcl OF THE DIVORCE CODE
1. I consent to 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. 94904 relating to unsworn falsification
to authorities.
Date: II ~() .02-
'\'-~,:">,,
'1"- "' ,
-
,,,.l"'"
,
JULIA A. SMYSER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 5759 Civil Term 2001
MOSSER M. SMYSER, JR.,
Defendant
ACTION IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under section 3301 (c) of the Divorce Code was filed on October 4,
2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed
from the date of the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to request
entry of the decree.
I verify that the statements made in this affidavit are true and correct. I also understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification
to authorities.
Date: /, 30 . 0 '2--
WAIVER OF NOTICE F INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER li33011cl OF THE DIVORCE CODE
1. I consent to 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: (, 30. 02--
'~ll_- ," _ ,,~ _ ,_<<,_
",
~
-
" ~
.m
,
.--
--
=.~
- ~.,-<< ".< . "-,<., <'''<'1iilli'~'''iilJUl'm'''ilrJrm'I''eJ\j)l('m.\q",r
() C:) (--'::-J
C f'o..;r
? ~n
-OED -- .- ,
rt1 f7l :r:.::"
Z::r-1 .:i:: ..
Zr"- c..,)
(n~;"
~;~
"'"n,
~::'--- ~~
~r, , d
Z/~
~'-~_:
-c ':":) "
? ::::::j
-- :,., ,.
"'I::
-< (::J _0
-<
-
,'~'~" 1"'1il'rll",,"lI!~~~:tII'!lJiliJIDJ:J." 11'fI"~-;"'--'1I'''""'~1li~,,,,,,_,,,,~,,,;-",';''j'''''''~_',,"-'+''f'''-''''",,''''"M'J""~~"l1(l.~I':t~1!!!11:1ffiIr~il~\"""!Y..;jjWmlowr.'f~_\fWjW~1'['r
.-
JULIA A. SMYSER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL V ANlA
vs.
: No. 5759 Civil Term 2001
MOSSER M. SMYSER, JR.,
Defendant
: ACTION IN DIVORCE
AFFIDAVIT OF SERVICE OF
NOTICE TO DEFEND AND COMPLAINT.
AND NOW, this October l5, 2001, I, Jane Adams, Esquire, hereby certify that
on October ll, 2001, a true and correct copy of the NOTICE TO DEFEND AND COMPLAINT
were served, via certified mail, restricted delivery, return receipt requested, addressed to:
Mosser M. Smyser, Jr.
l157 Greenspring Road
Newville, Pa. 17241
DEFENDANT
Respectfully Submitted:
J e danls, Esquire
.D. o. 79465
South Hanover St.
Carlisle, Pa. l7013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
';,;qn" ~!R, ~~
.,~.'~' '-"".),'. """"",,,-,-,", -'?~""- '~'<>"""~"o~,'t,"-~'M('T"ir';;"T"ff~"">'wj'r"c."'''',iir''jr"'~i~r"'>lftf~'Y'J"rmt~fJ~f1};Yiit;~ti@I~~
8 0 0
-oS:: -)"'j
<::) --<
9lffi 0 r"
::n -l MI....
"'F
t'5S:: G'l .T!~
;:5!~-
L ~3_',
~G
~o " -~,;
::l;; ?):D
>0 ~o
~ r:! 6i'TI
'" ~
Cl:> ~
k---- --r
--'
/-?~
"!lIl!RlI!Il!lillilPo_
~_NI~~I!1,~_ __" ~,_,,~"_""'''~'ffi'~~~~."=,.____~<!!1l__~~~'''-r~'?_'''ffi''!'i'Wfr'j''",>''1'_1''~H'''{-C'''' ',"n~",'4--""',"'f'-,!!!,,"v;o~'l'f;fIf,!;P!,,-:Ci\'!""'iI1--"''''-ii'<T;,'r'''''''IM;:i;;,i"T-';'f)'~~<1mllm>>"
Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach thIs card to the back of the maHpiece,
or on the front if space permits.
1. Article Addressed to:
D. Is elivery dress differe'nt -from Item 11
If YES, enter delivery address below:
o Agent
Ad.dre-ssee
Yes'~.-
llI'No
x
01oS6er /Y)SVlA.v(:f2.R-/J""f2-
(I S-l G~SfM.,.12-d
}\kwVlH~ m- 1/~L1 \
3. Service Type
i1i:Gertified-.Mall .. _0 Express Mail
-"':~Registered ------'->-0 Return Receipt (or Merchandise
o Insured Mail 0 C.O.D.
4. Restrlcted e IV
..
Yes
2. f,rtlcle Number (Copy from service label)
- 7000101D OCXJJ
PS Form 3811, July 1999 Domestic Retum Receipt
~77/5~(p ;t
,
102595.GG-M.j789
.C'"
~ .,
'.
JULIA A. SMYSER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 5759 Civil Term 200l
MOSSER M. SMYSER, JR.,
Defendant
: ACTION IN DIVORCE
NOTICE TO RESUME PRIOR SURNAME.
To the Prothonotary:
Notice is hereby given that the Plaintiff in the above matter:
_ prior to the entry of a Final Decree in divorce.
OR _X_ after the entry ofaFinal Decree in Divorce dated: FEBRUARY 2, 2002,
hereby elects to resume the prior surname of RHOADS and gives this written notice avowing her
intention pursuant to the provisions of 54 P.S. s704,
Date:
JULIA A. SMYSER, Plaintiff
'J ;1 ~ Lk!-- (};J zt,j);1 I!
---:/~~;"/"\ ./ ( / W-~ . (j../Lo'l~
/JULlI\A. RHOADS, /
/ Signature of Name berg resumed.
COMMONWEALTH OF PENNSYLVANIA )
):ss
COUNTY OF CUMBERLAND )
On this, the I.(..AJ;.. day of '?vl~ , 2002 before me, the undersigned officer,
personally appeared JULIA A. SMYSER, known to me, (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument, and acknowledged that she executed
the same for the purposes therein contained.
IN WI1NESS WHEREOF, I hereunto set my hand and official seal.
7LAA.- ~ L
Notary Public
"."!"~~
, .>
"" ~ ..
""r"
~_rl_
-~ >" < "" ~".~" '., ~~~.- - .,.",., ",~^'"~ >'~,"<c.., ~-"~;,' -'-"\c_"'-'"
'~'V - ~""" '~";"--'>_""'o"~";;- ",",__,'~ ~'"-_,,_,,,,~-. ,",,'.-j'" "", " '
,<-
~~ ~.._,- "'~
I~-
-, ~~~ "(
! ~ .....
~ ~. 0 c> ~;~
f " C I')
$:: ~
fk & -oC0 :;~,l>>
mr--r: ::':':i
z::r
zc
~:t; -.~
"- ~ J:) !;2C? ."..,..
9J -p..-,
"--.,1... '
,L(:';
~ W !' )>"c
C
!2 ~ !:::~
eJ1
.......
--<:,7'--...
~
t,
!::,:
e4
,
.'
_..____"~"____.._....,__~""""'~""""00E__mWi'~'twjlc~1!'I''!9'-'''-'f~-'"~''''''''_'"t,.,~!;'--""'WJ'''''t(''_'''''''-''''l,-r,n''''I'j'''!l'_~~'''1f1l(!l;l~l~!ffF~~I~~if