The URL can be used to link to this page

Home My WebLink About09-6211Andrew C. Sheely, Esquire 127 $. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) LUCINDA HANS SMYSER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW Erm JOHN ANDREW SMYSER, 09 - (Dmi 03,V iI Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend gainst the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the c4 ty may proceed against you and a decree in divorce or annulment be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these', apers by the Plaintiff. You may lose money or property or other eights important to you, including custody or visitation with) your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request m??riage counseling. A list of marriage counselors is available ;fin the Office of the Prothonotary at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PR(P ERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS G NTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF IOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHON THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 7013 (717) 249-3166 S BY Andrew C. Sheely, E uIr PA. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 1705511, 717 697-7050 Attorney for Plaintiff LUCINDA HANS SMYSER, Plaintiff vs. JOHN ANDREW SMYSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 09 - (?aZll IN DIVORCE ACCEPTANCE OF SERVICE OF DIVORCE COMPLAINT I, JOHN ANDREW SMYSER, Defendant, hereby accept service of the Divorce Complaint docketed to the above-captioned matter and hereby declare that I am authorized to do in accordance with the Rules of Civil Procedure. Date: September 2009 Zj f- du John Andrew Smyser OF TH. 2 004 SE P t i : ;' > Andrew C. Sheely, Esquire 127 S. Market Street Y.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) LUCINDA HANS SMYSER, Plaintiff VS. JOHN ANDREW SMYSER, Defendant IN THE COURT OF COMMON PLEAS', OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 09 - G .21r ?cv, t '2 IN DIVORCE NOTICE OF RIGHT TO COUNSELING YOU are one of the parties in the above-captioned actiorilin divorce. By virtue of Section 202 of the Pennsylvania Divorq? Code, it is a duty of the Court to advise both parties of the! availability of counseling and upon request of either providdboth parties with a list of qualified professionals who provide such services. Accordingly, if you desire counseling a list of marriage counselors if available in the office of the Prothonotary at:l Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 Andrew C. Sheely, Esquire 127 Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) LUCINDA HANS SMYSER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW JOHN ANDREW SMYSER, 0 9 _ L a / / Defendant IN DIVORCE DIVORCE COMPLAINT 1. Plaintiff is LUCINDA HANS SMYSER, an adult individual who currently resides at 104 N. 26th Street, Camp Hill, Cumberland County, Pennsylvania. I 2. Defendant is JOHN ANDREW SMYSER, an adult individualwho currently resides at 1407 Harcourt Drive, Harrisburg, Dauphin) County, Pennsylvania. 3. Plaintiff and Defendant were residents of the Common' ealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married in Camp Hill, Pennsylvania, on June 21, 1975. 5. There have been no prior actions of divorce or annulment between the parties. 6. Neither party is a member of the armed forces of the United States of America. 7. Plaintiff has been advised of the availability of marriage counseling and understands that she may have the right to request the court to require the participation of Plaintiff and Defendant in counseling. COUNT 1 - DIVORCE - IRRECONCILABLE DIFFERENCES 8. Paragraphs 1 - 7 are incorporated herein as if set forth at length. 9 The marriage between the parties is irretrievably orb en. 10. After ninety (90) days have elapsed from the date d filing the divorce complaint, Plaintiff intends to file an affidavit consenting to a divorce and Plaintiff believes Defq?dant may also file such an affidavit. 11. This divorce action is not collusive. II'? i 12. The parties separated on or about May 1, 2008. WHEREFORE, if both parties file affidavits consenting to'I;a divorce after ninety (90) days have elapsed from filing of this Divorce Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(c) of the Pennsylvania Divorce Code. COUNT 2 - DIVORCE - 3301(d) 13. Paragraphs 1 - 12 are incorporated herein as if set ', II orth at length.. 2 14. After a period of two (2) years has elapsed from the date of separation, Plaintiff intends to file her affidavit of having lived separate and apart. ICI WHEREFORE, if two (2) years have elapsed from the date olf separation and Plaintiff has filed her affidavit of consent, Plaintiff respectfully requests the Court to enter a Decree o Divorce pursuant to Section 3301(d) of the Divorce Code. Date: September/,Y, 2009 Respectfully submitted, Attorney for Plaintiff PA ID No. 62469 P.O. Box 95 127 S. Market Street Mechanicsburg, PA 17055 717-697-7050 3 VERIFICATION I verify that the statements made in this Complaint are' rue and correct. I understand that false statements herein are m de subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: September/Y , 2009 Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) LUCINDA HANS SMYSER, IN THE COURT OF COMMON PLEA$'OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW JOHN ANDREW SMYSER, 09 _ Defendant IN DIVORCE AFFIDAVIT Lucinda Hans Smyser, being duly sworn according to'law, deposes and says: (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 Domestic Relations Office, which list is available to me upon request. (3) Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relatinglto unsworn falsification to authorities. cinda Ha s i r,, FILE) OF THE ? H Zu?9 5L° 4 ? r° t"? .? ? ?3 Cy 4338.50 Po A7" (?.? 35y'1 p_T?` a,3o570 Cd4-,-- /7//6. 3 0Yj