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HomeMy WebLinkAbout02-3393WILLIAM B. SMYSER, Plaintiff V. DOROTHY J. SMYSER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION- LAW 1N DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS TO: Dorothy J. Smyser 710 Hanover Manor Apt. E-207 Carlisle, Pennsylvania, 17013. 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. 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 at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013-3387. 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 WItERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 800-990-9108 Document #: 238397.1 WILLIAM B. SMYSER, Plaintiff V. DOROTHY J SMYSER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is William B. Smyser, who currently resides at 404 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Defendant is Dorothy J. Smyser, who currently resides at 710 Hanover Manor Apt. E-207, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff has been a bona fide residem in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaim. 4. The Plaintiff and Defendant were married on August 4, 1979, in Minot, North Dakota. The parties separated on July 1, 2002. 5. There have been no prior actions of Divorce or for annulment between the parties. 6. Two were bom to the marriage: Curtis Smyser (d.o.b.: 12/18/1982) and Cristina Smyser (d.o.b. 03/16/1981). 7. Plaintiff has been advised that counseling is available and that Plaimiff may have the right to request that the court require the parties to participate in counseling. 8. The marriage is irretrievably broken. 9. Plaintiff requests the court to enter a decree of divorce. Document#:238397.1 WHEREFORE, Plaintiff, requests the Court to enter a Decree in Divorce and such other orders as may be just and appropriate. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: July ~:~ , 2002 By: Melissa L. Van Eck, Esquire Attorney I.D. No. 85869 3211 North Froat Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 ,'lttorney for Plaintiff William B. Smyser Document #: 238397.1 VERIFICATION I, WILLIAM B. SMYSER, hereby certify that the facts set forth in the foregoing Complaint Under Section 3301(c) or 3301(d) of the Divorce Code are tree and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Date: July // , 2002 WILLIAM B. SMYSER / '- / Document #: 238397.1 WILLIAM B. SMYSER, : Plaintiff : V. : .. DOROTHY J. SMYSER, : : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 3393 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Melissa L. Van Eck, counsel for Plaintiff, William B. Smyser, hereby certify that a true and correct copy of the Complaint in Divorce was served upon the following, by certified mail, remm receipt on July 29, 2002. Attached hereto, marked as Exhibit "A" and incorporated herein by reference is a copy of the return receipt card indicating service upon: Dorothy J. Smyser 710 Hanover Manor Apt. E-207 Carlisle, PA 17013 Defendant Date: August ,_.~, 2002 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Melissa L. Van Eck, Esquire I.D. No. 85869 3211 North From Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff William B. Smyser Document #: 239890.1 Exhibit A UNITED STATES POSTAL SERVI~ I · Sender: Please pfin~ yet~ta~pe; address, and ZlP:~4 in thi~ox'~/ h,,lir.,,h,,Ih,,lllh,,Ih,,,,ll,il,,,Ih,,ih,,ll.,h,,ll MELISSA L VAN EcK ESQUIRE METZGER WICKERSHAM 3211 NORTH FRONT STREET PO BOX 5300 HARRISBURG PA 17110-0300 · Complete items 1, 2, and 3. Also complete item 4 if RestriCte~l I;)ellvery 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 mailpiece, or on the front if space permits. Article Addressed to: DOROTHY J SMYSER 710 HANOVER MANOR APT E-207 CARLISLE PA 17013 , of Daiivery 2. Article Number (Transfer from service label) If YES, :from item 17 ~ below: [] No 3. Service Type ~][Certified Mail [] Express Mall [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 7000 1670 0011 4508 3803 102595-01 -M-2b~J PS Form 3811, August 2001 ' Domestic Return Receipt CERTIFICATE OF SERVICE I, Melissa L. Van Eck, Esquire, do hereby certify that I served a copy of the Affidavit of Service upon the Defendant, Dorothy J. Smyser, by mailing a copy via regular first class mail, on the ~__ day of August, 2002. at: Dorothy J. Smyser 710 Hanover Manor Apt. E-207 Carlisle, PA 17013 Defendant METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Date: August ~ , 2002 Melissa L. Van Eck, Esquire I.D. No. 85869 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff William B. Smyser Document #: 239890.1 VERIFICATION I, WILLIAM B. SMYSER, hereby certify that the facts set forth in the foregoing Complaint Under Section 3301(c) or 3301(d) of the Divorce Code are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Date: July /// , 2002 Document #: 238397.1 WILLIAM B. SMYSER, Plaintiff/Respondent DOROTHY J. SMYSER, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW .. : No.: 02-3393 : IN DIVORCE .PETITION FOR ALIMONY PENDENTE LITE~ INTERIM COUNSEL FEES AND EXPENSES AND NOW, comes Petitioner, Dorothy J. Smyser, by and through her counsel of record, Rebecca R. Hughes, Esquire, and petitions the Court as follows: 1. Your Petitioner is the above named Defendant, Dorothy J. Smyser, an adult individual currently residing at 710 Hanover Manor, Apt. 3-207, Carlisle, PA 17013. 2. Your Respondent is the above named Plaintiff, William B. Smyser, an adult individual currently residing at 404 Walnut Bottom Road, Shippensburg, PA 17257. 3. Petitioner's date ofbirth is January 4, 1960, and her Social Security number is 501-78- 9447. 4. 6011. Respondent's date of birth is January 5, 1954, and his Social Security number is 210-44- 5. The divorce action filed to the above docketed number in the Court of Common Pleas of Cumberland County requests a divorce based upon Section 3301(c) or (d) of the Divorce Code of 1980 as amended. 6. Petitioner has employed counsel and will incur certain costs and expenses in pursuit of the aforementioned divorce action, but is without sufficient assets or income to support herself, pay for attorney's fees, or pay for the costs and expenses associated with this action. 7. Respondent has sufficient income and earning capacity, as well as assets, to support the Petitioner or to assist in supporting Petitioner, and to pay alimony pendente lite to Petitioner, as well as assist in paying her counsel fees, costs and expenses. WltEREFORE, Petitioner requests this Honorable Court to enter an Order of Alimony Pendente Lite, Interim Counsel Fees, Costs and Expenses in this matter. Respectfully submitted, IRWIN, McKNIGHT & HUGHES Rebecca R. Hughes, Esqt~'e('~ Attorney for Defendant/Petitiol~er' 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Dated: September 19, 2002 CERTIFICATE OF SERVICE I the undersigned hereby certify that on this~.~J%y of September, 2002, a copy of the foregoing document was served by first-class, posta,:c prepaid United States mail in Carlisle, Pennsylvania upon the following: Melissa Van Eck, 3211 North Front S:-eet P.O. Box 53(!5 Harrisburg, PA 171 !~-0300 II~?: ~N. Mc IGHT HU HES -.-~ ~ v:, ~,~ '"'-~_:¥T,. Smith WILLIAM B. SMYSER, Plaintiff Fo DOROTHY J. SMYSER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : No.: 02-3393 : IN DIVORCE ORDER OF COURT AND NOW, this __ day of ., 2002, upon consideration of the attached Amended Complaint, it is hereby directed that the parties and their respective counsel appear before on , for a conference, at 13 N. Hanover St., Carlisle, Pennsylvania, 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) (2) (3) (4) (5) a true copy of your most recent Federal Income Tax Return, including W-2's as filed your pay stubs for the preceding six (6) months the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© verification of child care expenses proof of medical coverage which you may have, or may have available to you. IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THI~, COURT, Date of Order: YOU HAVE TI:iX RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 WILLIAM B. SMYSER, Plaintiff/Respondent V. DOROTHY J. SMYSER, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW .. : No.: 02-3393 : IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE~ INTERIM COUNSEL FEES AND EXPENSES AND NOW, comes Petitioner, Dorothy J. Smyser, by and through her counsel of record, Rebecca R. Hughes, Esquire, and petitions the Court as follows: 1. Your Petitioner is the above named Defendant, Dorothy J. Smyser, an adult individual currently residing at 710 Hanover Manor, Apt. 3-207, Carlisle, PA 170 l 3. 2. Your Respondent is the above named Plaintiff, William B. Smyser, an adult individual currently residing at 404 Walnut Bottom Road, Shippensburg, PA 17257. 3. Petitioner's date of birth is January 4, 1960, and her Social Security number is 501-78- 9447. 4. 6011. Respondent's date of birth is January 5, 1954, and his Social Security number is 210-44- 5. The divorce action filed to the above docketed number in the Court of Common Pleas of Cumberland County requests a divorce based upon Section 3301(c) or (d) oftbe Divorce Code of 1980 as amended. 6. Petitioner has employed counsel and will incur certain costs and expenses in pursuit of the aforementioned divorce action, but is without sufficient assets or income to support herself, pay for attorney's fees, or pay for the costs and expenses associated with this action. 7. Respondent has sufficient income and earning capacity, as well as assets, to support the Petitioner or to assist in supporting Petitioner, and to pay alimony pendente lite to Petitioner, as well as assist in paying her counsel fees, costs and expenses. VfHEREFORE, Petitioner requests this Honorable Court to enter an Order of Alimony Pendente Lite, Interim Counsel Fees, Costs and Expenses in this matter. Respectfully submitted, IRWIN, McKNIGHT & HUGHES Rebecca R. Hughes, Es~e(~ Attorney/or Defendant/Petitio)~/ 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Dated: September 19, 2002 CERTIFICATE OF S~*~;RVICE I the undersigned hereby certify that on thi~., day of September, 2002, a copy of the foregoing document was served by first-class, posm,~e prepaid United States mail in Carlisle, Pennsylvania upon the following: Melissa Van Eck, 3211 North Front S: ~eet P.O Box Harrisburg~ PA 171 !~:--0300 / IR? ~N. McFNNIGHT 8/HUQHES , ',----~r'~';-i D. Smitff ~ ' WILLIAM B. SMYSER, Plaintiff Vo DOROTHY J. SMYSER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : No.: 02-3393 : IN DIVORCE ORDER OF COURT AND NOW, this day of ,2002, upon comidemtion of the attached Amended Complaint, it is hereby directed that the parties and their respective counsel appear before on , for a conference, at 13 N. Hanover St., Carlisle, Pennsylvania, 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY ~ COURT, Date of Order: Jo YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND TI~ CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE ~ OFFICE SET FORTH BELOW TO FIND OUT wm~RE YOU MAY GET LEGAL l:l~Lp. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 WILLIAM B. SMYSER, Plai~6ff/Respondent VS. DOROTHY ~. SMYSER, Defendsnt/Petifioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2002=3393 CIVIL TERM IN DIVORCE DR// 32102 Pacses# 912104891 ORDER OF COURT AND NOW, this 144 day of October, 2002, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on November 20t 2002 at IO:$OA.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, a~r which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, includin§ W-2's as filed (2) your pay stubs for the preceding six (6) months as required by Rule (3) the Income and Expense Statement attached to this order, completed 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on 10-14-02 to: Petitioner Respondent Rebecca Hughes, Esquire Melissa Van Eck, Esquire Date of Order: October 14, 2002 R. L Shadday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 WILLIAM B. SMYSER, DOROTHY J. SMYSER, Plaintiff : . : ; Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3_,93 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaim in Divorce under Section 3301(c) of the Divorce Code was filed on July 17, 2002 and served upon Defendant on July 29, 2002. 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 consem to the entry of a Final Decree of Divorce after service of Notice of Intention to Request Entry of the Divorce. I verify that the statements made in this Affidavit are tree and correct. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S., Section 4904, relating to unswom falsification to authorities. William B. Smyser / -- - WILLIAM B. SMYSER, Vo DOROTHY J. SMYSER, Plaintiff : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3393 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE UNDER SECTION 3301(c) OF DIVORCE CODE 1. I consent to the entry ora final decree of divorce '~thout notice. 2. I understand that I may lose fights concerning alimony, division of property, lawyers' 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 any false statements herein are made subject to the penalties of 18 Pa.C.S., Section 4904, relating to unswom falsification to authorities. Dated: William B. Smyser In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DOROTHY J- SMYSER VS. WILLIAM B. SMYSER Plaintiff Defendant ) Docket Number ) ) PACSES Case Number ) ) Other Stale ID Number 02-3393 CIVIL 912104891/D32102 ORDE_ R AND NOW, to wit on this 20TH DAY OF NOVEMBER, 2002 IT IS HEREBY ORDERED that the C) Complaint for Support or C) Petition to Modify or (~) Other ALIMONY PENDENTE LITE filed on SEPTEMBER 20, in the above captioned matter is dismissed without prejudice due to: THE PETITIONER WITHDRAWING HER COMPLAINT FOR A3~IMONY PENDENTE LITE C) The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. DRO: RJ Shadday xc: plaintiff defendant Rebecca Hughes, Esquire Melissa Van Eck, Esquire BY THE COURT: Edward E. Guido JUDG~ Service Type M Form OE-506 Worker ID 21005 WILLIAM B. SMYSER, Plaintiff/Respondent DOROTHY J. SMYSER, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No.: 02-3393 : IN DIVORCE PETITION FOR AI.IMONY PENDENYE LITE, INI'ERIM COUNSEL FEES AND EXPENSES AND NOW, comes Petitioner, Dorothy J. Smyser, by and through her counsel of record, Rebecca R. Hughes, Esquire, and petitions the Court as follows: 1. Your Petitioner is the above named Defendant, Dorothy J. Smyser, an adult individual currently residing at 710 Hanover Manor, Apt. 3-207, Carlisle, PA 17013. 2. Your Respondent is the above named Plaintiff, William B. Smyser, an adult individual currently residing at 404 Walnut Bottom Road, Shippensburg, PA 17257. 3. Petitioner's date of birth is January 4, 1960, and her Social Security number is 501-78- 9447. 6011. Respondent's date of birth is January 5, 1954, and his Social Security number is 210-44- 5. The divorce action filed to the above docketed number' in the Court of Common Pleas of Cumberland County requests a divorce based upon Section 3301 (c) or (d) of the Divorce Code of 1980 as amended. 6. Petitioner has employed counsel and will incur certain costs and expenses in pursuit of the aforementioned divorce action, but is without sufficient assets or income to support herself, pay for attorney's fees, or pay for the costs and expenses associated with this action. 7. Respondent has sufficient income and eaming capacity, as well as assets, to support the Petitioner or to assist in supporting Petitioner, and to pay alimony pendente lite to Petitioner, as well as assist in paying her counsel fees, costs and expenses. WHEREFORE, Petitioner requests this Honorable Court to enter an Order of Alimony Pendente Lite, Interim Counsel Fees, Costs and Expenses in this matter. Respectfully submitted, IRWIN, McKNIGHT & HUGHES Rebecca R. Hughes, Esqurir~ 0 Attorney for Defendant~Petitioner 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Dated: January 21, 2003 CERTIFICATE OF SERVICE I the undersigned hereby certify that on this ~)V-,)[ C~day of January, 2003, a copy of the foregoing document was served by first-class, postage prepaid United States mail in Carlisle, Pennsylvania upon the following: Melissa L. VanEck, Esquire: 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Attorney for Plaintiff IRWIN, McKNIGHT & HUGHES R~b~cca R. - Hughes, Esquire -~ C~ cD 0 WILLIAM B. SMYSER, Plaintiff/Respondnet VS. DOROTIIY J. SMYSER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2002-3393 CIVIL TERM IN DIVORCE Pacses# 912104891 ORDER OF COURT AND NOW, this 31~t day of January, 2003, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday onMarch 11t 2003 at IO:30A. M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a tree copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Mail copies on 1-31-03 to: Petitioner Respondent Rebecca Hughes, Esquire David Martineau, Esquire Date of Order: January 31, 2003 BY THE COURT, George E. Hoffer, President Judge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 170113 (717) 249-3166 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DOROTHY J. SMYSER ) Docket Number Plaintiff ) vs. ) PACSES Case Number WILLIAM B. SMYSER ) Defendant ) Other State ID Number 02-3393 CIVIL 912104891 ORDER AND NOW, to wit on this llTH DAY OF MARCH, 2003 IT IS HEREBY ORDERED that the C) Complaint for Support or C) Petition to Modify or (~) Other ALIMONY PENDENTE LITE fil~d on JANUARY 23, 2003 matter is dismissed without prejudice due to: THE PLAINTIFF WITHDRAWING HER REQUEST FOR APL CONFERENCE. in the above captioned C) The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. xc: RJ Shadday plaintiff dsfendant Rebecca Hughes, Esquire David Martineau, Esquire BY THE COURT: Ed~var B.-')~-yTe~r 'f ' t - ~UDGE Service Type M Form OE-506 Worker ID 21005 WILLIAM B. SMYSER, DOROTHY J. SMYSER, Plaintiff · Defendant · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3393 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 17, 2002 and served upon Defendant on July 29, 2002. 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 of the Divorce· I verify that the statements made in this Affidavit are tree and correct. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S., Section 4904, relating to unswom falsification to authorities. Dated: April 21, 2003 Doroi~y J. Smyse~~' ~/ WILLIAM B. SMYSER, DOROTHY J. SMYSER, Plaintiff · Defendant ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3393 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE UNDER SECTION 3301(c) OF DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyers' 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 any false statements herein are made subject to the penalties of 18 Pa.C.S., Section 4904, relating to unswom falsification to authorities· Dmed: April 21~ 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~r~~,. PENNA. WILLIAM B, SMYSER VERSUS DOROTHY J. SMYSER NO. 02-3393 DECREE IN DIVORCE AND NOW,~ ~ , 2003 DECREED THAT , IT IS ORDERED AND , PLAINTIFF, AND DOROTHY J. SMYSER , 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 ATTEST: PROTHONOTARY WILLIAM B. SMYSER, Plaintiff V. DOROTHY J. SMYSER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 3393 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of Complaint: A Complaint in Divorce was filed on July 17, 2002, and served on Defendant, Dorothy J. Smyser, on July 29, 2002 by certified mail return receipt requested. An Affidavit of Service was filed on August 6, 2002. Complete either paragraph (a) or (b): (a) (b)(1) Date of execution of Plaintiff's and Defendant's Affidavits of Consent required by Section 3301 (c) of the Divorce Code: Plaintiff: Defendant: November 15, 2002, filed November 19, 2002 April 21, 2003, filed April 29, 2003 Date of execution of Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: NA (2) Date of filing and service of the Plaintiff's Affidavit upon the respondent: Filing: NA Service: NA 280671-1 o Complete the appropriate paragraphs: (a) Related claims pending: (c) (d) (a) None Claims withdrawn: None Claims settled by agreement of the parties: All State whether any written agreement is to be incorporated into the Divorce Decree: NA Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached, if the Decree is to be entered under Section 3301(d)(1)(i) of the Divorce Code: Service: NA Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: November 19, 2002 Date Defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: April 29, 2003 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: By Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff 280671-1 WILLIAM B. SMYSER, Plaintiff V. DOROTItY J. SMYSER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 3393 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this \~ll~X'day of ~.~__ ,2003, I, Andrew C. Spears, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, William B. Smyser, hereby certify that I served a copy of the Praecipe to Transmit Record this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Rebecca R. Hughes, Esquire Irwin, McKnight & Hughes West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Andrew C. Spears 280671-1