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Home My WebLink About03-0605IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY COMBERLAND Lod Lee Smetana, Plaintiff 152 Lefever Road Newville, Pennsylvania 17241 193-60-9892 Robed Stephen Smetana, Defendant 20 Pasture Lane Newville, Pennsylvania17241 169-60-8208 CIVIL ACTION - LAW ~ TERM CASE NO. 0.3 - (,,Ok" IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court for divome. If you wish to defend against the claims set forth on the other side of this page, 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 this paper by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of you child or 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 at the CUMBERLAND County Courthouse, in Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE DIVORCE OF 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. Office of the Prothonotary CUMBERLAND County Courthouse Carlisle, PA. Telephone( ). ADVERTENClA SOBRE COMO DEFENDERSE Y RECLAMAR DERECHOS Usted ha sido demandado en corta para [] Divorcio [] Pension Alimenticia (Mantenimiento) a Division de Propiedad [] Costos [] Annulacion de Matrimonio [] Custodia y Visitacion a Pension Alimenticia Temporana [] Costos de Abogado Usted ha sido demandado en corte. Si usted desea defender el reclamo puesto en contra suya en las siguientes paginas, tiene que tomar accion immediamente. Se le advierte que si falla de hacerlo, el caso puede ser procesado sin su de usted por la corte. Un juicio tambien puede ser registrado en su contra por cualquier por reclaimo o peticion requerida en estos papeles por el querellante. Usted puede perder dinero, propiedad o otros derechos importantes para usted, incluyendo custodia o visitacion para sus ninos. Cuando la causa del divorcio es maltrato o trastorno irrearable en el matrimonio, usted debe solicitar consejeria matrumonial. Una lista de consejeros matrimoniales esta disponible en las oficinas del protonotario en Cuarto de ia PA Room SI USTED NO REGISTRA UN RECLAMADO PARA LA PENCION ALMENTICIA, LA REPARTICION DE PEOPIEDADES, EL HONORARIO DEL ABOGADO O GASTOS ANTES DE QUE EL UN DIVORCIO O ANNULACION SEA OTORGADO, USTED PUEDE PERDER EL DERECHO DE RECLAMAR CULAQUIERA DE ESTOS. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO IMMEDIAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGAR POR LOS SERCICIOS DE UNO. VAYA O LLAME A LA OFICINA INDICADA, PARA AVER DONDE PUEDE OBTENER ASISTENCIA LEGAL. SERVICIO DE REFERENCIA DE ABOGADO IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND Lori Lee Smetana, Plaintiff 152 Lefever Road Newville, Pennsylvania 17241 193-60-9892 Robert Stephen Smetana, Defendant 20 Pasture Lane Newville, Pennsylvania17241 169-60-8208 CIVIL ACTION - LAW CASE NO. 0~-~o~ IN DIVORCE TERM COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Lori Lee Smetana who resides at; 152 Lefever Road; Newville, Pennsylvania 17241. 2. Defendant is Robert Stephen Smetana who resides at: 20 Pasture Lane; Newville, Pennsylvania 17241. 3. "" Plaintiff and/or [] Defendant have been a bona fide resident(s) of the Commonwealth of Pennsylvania for at least six months immediately prior to commencement of this action. 4. Plaintiff married Defendant on September 7, 1996 at Carlisle, Cumberland County, Pennsylvania. Attached hereto and marked as Exhibit "A" is the certificate of marriage evidencing said marriage. 5. Neither plaintiff nor defendant is in the military or naval service of the United States or its allies within the provisions of the Soldier's and Sailor's Civil Relief Act of Congress 1940 and its amendments. 6. There has been no prior action of divorce or for annulment between the parties. Complaint for Divorce; Page 1 7.The marriage is irretrievably broken. 8. After 90 days have elapsed from the date of filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 9. Plaintiff has been advised that marriage counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in marriage counseling. 10. The following children were born to or adopted by the parties to this marriage: Name Birthdate Age Cierra Michael Smetana October 13, 1997 5 WHEREFORE, if both parties file affidavits consenting to a divorce after 90 days have elapsed form the date of filing of this Complaint, Plaintiff respectfully requests that a decree of divorce be entered pursuant to Section 3301(c) of the Divorce Code dissolving the marriage between the Plaintiff and Defendant. COUNT II REQUEST FOR INCORPORATION OF MARITAL SETTLEMENT AGREEMENT PURSUANT TO SECTIONS 3104(A)(1) AND (3) AND 3323(B) OF THE DIVORCE CODE. Paragraphs 1-10 are incorporated herein and made a part hereof by reference as though fully set forth. The parties have entered into a written Marital Settlement Agreement providing for the care, custody and support of their minor child(ten), a copy of which is attached hereto and incorporated by this reference the same as if fully set forth at length, and Complaint for Divorce; Page 2 their agreement is in the best interest of the child(rsn). WHEREFORE, Plaintiff respectfully requests that this Court approve and incorporate the agreement reached between the parties into the final divorce decree, pursuant to Sections 3104(a)(1) and (3) and 3323(b) of the Divorce Code. Lori Lee Smetana I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to penalties of the 18 Pa.C.S. Section 4094 relating to unsworn falsification to authorities. Date: ~--)-~b_oo'~ ~_-_~ ~ ~'~v~c,~.~' Lori Lee Smetana, Pro Per IN THE COURT OF COMMON PLEAS OF THE __ JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND Lori Lee Smetana, Plaintiff 152 Lefever Road Newville, Pennsylvania 17241 193-60-9892 Robert Stephen Smetana, Defendant 20 Pasture Lane Newville, Pennsylvania17241 169-60-8208 CIVIL ACTION - LAW TERM CASE IN DIVORCE COUNSELING NOTICE The Divorce Code of Pennsylvania requires that you be notified of the availability of counseling where a divorce is sought under any of the following grounds: Section 3301 (a)(6) Indignities Section 3301 (c) Irretrievable breakdown Mutual Consent Section 3301 (d) Irretrievable breakdown Two/Three year separation A list of qualified professions is available for inspection in the Office of the Prothonotary CUMBERLAND County Courthouse Carlisle, PA. Telephone( ). IN THE COURT Of COMMON PLEAS OF THE ~ JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND Lori Lee Smetana, Plaintiff § CIVIL ACTION - LAW 152 Lefever Road Newville, Pennsylvania 17241 193-6O-9892 Robert Stephen Smetana, Defendant 20 Pasture Lane Newville, Pennsylvania17241 169-60-8208 § § § __TERM § CASE NO..~_~ § IN DIVORCE AFFIDAVIT OF NON-MILITARY SERVICE Lori Lee Smetana, being duly sworn according to Law, deposes and says that Plaintiff knows by Plaintiff's own personal knowledge and therefore avers that the defendant, Robert Stephen Smetana, is 34 years of age and that Defendant is not in the military service of the United States or its allies, or otherwise within the provision of the Soldier's and Sailor's Civil Relief Act of Congress 1940 and its amendments and that the defendant is employed by Carlisle School District. Lori Lee Smetana, Plaintiff Sworn to and subscribed before me this the -j~,/A. day of Notary Public -- NOTARIAL SEAL '~ LISA ANN HIGHLANDS, No{ary Public Carlisle Borough, Cumberland County ~M~y?:)rnmission Expires Aug, 20, 2005 1N THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND Loft Lee Smetana, Plaintiff 152 Lefever Road Newville, Pennsylvania 17241 717-776-9735 VS. Robert Stephen Smetana, Defendant 20 Pasture Lane Newville, Pennsylvania 17241 717-776-5000 § CIVIL ACTION - LAW § TERM § CASE NO. / 7_~ _~/9-ff MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made and entered into this the /0 day of~,~-,~%~ ~o ~ , between Lori Lee Smetana, residing at 152 Lefever Road, Newville, Pennsylvania 1724'1 and Robert Stephen Smetana, residing at 20 Pasture Lane, Newville, Pennsylvania 17241. WHEREAS we were married to each other at on September 7, 1996 and lived as husband and wife until such time as we separated on October 1, 2002 and have remained in a bona fide state of separation since that time; WHEREAS there are the following unmarried child under the age of eighteen years bom to or adopted by the parties; and for purposes of this Agreement, "Child" shall include each child, whether one or more, who is a subject of this suit while that child is under the age of eighteen years and not otherwise emancipated. The following child under the age of eighteen years old was bom to or adopted by the parties of the marriage: Name Age Birthdate Social Security No. Cierta Michael Smetana 5 October 13, 1997 160-78-9838 WHEREAS a permanent breakdown of the marriage has arisen between us and we are now living separate and apart from each other; and WHEREAS we now intend, by this agreement, to make a final and complete settlement of all of our of our rights and obligations concerning division of property, spousal support, and employee retirement benefits; and WHEREAS in consideration of the premises and mutual promises and undertakings herein contained, and for other good and valuable consideration, the parties agree to the following: I. THE PARTIES AGREE to live separate and apart from the other party, with the intention thereaRer never again to resume the marital relationship, free from any control, restraint or interference, direct of indirect with the other party, and in all respects to live as if he or she were sole and unmarried. MUTUAL RELEASE: Wife and Husband from this date and at all time hereafier may purchase, acquire, own, hold, possess, encumber, dispose of and convey all classes and kinds of property both real and personal as though unmarried and free from the consent, joinder and interference of the other party, it being the understanding and agreement on the part of each of the parties hereto that in the sale, transfer and conveyance of any property hereafier, real or personal, it shall not be necessary in order for the grantee to have good title, that the other party hereto shall sign and execute to the grantee the deed, conveyance, deed of trust, mortgage or bill of sale conveying or selling the property; it being the agree~nent and covenant of the parties hereto that each has forever released and discharged the property of the other from all claims, interest and estate on his or her part, anti that each shall be in the same position as if such party were single or unmarried. II. DIVISION OF PROPERTY: We agree to divide the property of our marital estate as follows: 1. Lori Lee Smetana Transfers to Robert Stephen Smetana as sole and separate property, and Lori Lee Smetana is divested of all right, title, and interest in and to the following property:. Personal Property. Household Furniture, etc. All household furniture, furnishings, fixtures, goods, appliances, and equipment in the possession of or subject to the control of Robert Stephen Smetana, including but not limited to: basement TV/entertainment center, push mower, tools, living room furniture, kid:hen table, and kitchen hutch. Clothing, etc. All clothing, jewelry, and other personal effects in the possession of or subject to the control of Robert Stephen Smetana. Cash. All cash in the possession of or subject to the sole control of Robert Stephen Smetana. Checking Accounts. All checking accounts at all banks or other financial institutions which stand in the sole name of Robert Stephen Smetana or from which Robert Stephen Smetana has the sole right to withdraw funds. Credit Union Accounts. All credit union accounts at all credit unions which stand in the sole name of Robert Stephen Smetana or from which Robert Stephen Smetana has the sole right to withdraw funds: Certificates of Deposit. All certificates of deposit at all banks or other financial institutions which stand in the sole name of Robert Stephen Smetana or from which Robert Stephen Smetana has the sole right to withdraw funds. Vehicle. The vehicle described as a 2001 Ford Expedition with vehicle identification number 1FMPU 16L11 LB61222 including all prepaid insurance, keys, and title documents. The property has a lien against it payable to Members First Credit Union on loan number 138096-06. Life Insurance. All policies of life insurance insuring the life of Robert Stephen Smetana. Employment Benefits. All sums and all rights related to any profit sharing plan, retirement plan, pension plan, or like benefit program existing by reason of Robert Stephen Smetana's past, present, or future employment and not otherwise awarded to Lori Lee Smetana in this agreement. 2. Robert Stephen Smetana Transfers to Lori Lee Smetana as sole and separate property and Robert Stephen Smetana is divested of all right, title, and interest in and to the following property: ]House. A house described by street address as 152 Lefever Rd., Newville, PA 17241 and legally described as: together with all prepaid insurance. The house is valued at $ / ~(0~ {)O O has a lien against it payable to Countrywide Home Loans on loan nun~b-er 602502783 in the amount of $ / [ q~ ~2 c) '~, o o Escrow Funds. All escrow funds held by for payment of insurance and taxes, on the real property described above. Personal Property: Household Furniture, etc. All household furniture, furnishings, fixtures, goods, appliances, and equipment in the possession of or subject to the sole control of Lori Lee Smetana, including but not limited to: dining room table, big screen TV, family room sofa, tractor, washer and d~der, cameras, computer, oak coffee/end tables, computer hutch. Clothing, etc. All clothing, jewelry, and other personal effects in the possession of or subject to the sole control of Lori Lee Smetana. Cash. All cash in the possession of or subject to the sole control of Lori Lee Smetana. Checking Accounts. All checking accounts at all banks or other financial institutions which stand in Lori Lee Smetana's sole name or from which Loft Lee Smetana has the sole right to withdraw funds. Credit Union Accounts. All credit union accounts at all credit unions which stand in the sole name of Lori Lee Smetana or from which Lori Lee Smetana has the sole right to withdraw funds: Certificates of Deposit. All certificates of deposit at all banks or other financial institutions which stand in the sole name of Lori Lee Smetana or from which Lori Lee Smetana has the sole right to withdraw funds. Vehicle. The vehicle described as a 2001 Oldsmobile Alero with vehicle identification number 1G3NK52T41C133364 together with all prepaid insurance, keys, and title documents. The property has a lien against it payable to Members First Credit Union with loan number 138096-05. Life Insurance. All policies of life insurance insuring the life of Lori Lee Smetana. Employment Benefits. All sums and all rights related to any profit sharing plan, retirement plan, pension plan, or like benefit program existing by reason of Lori Lee Smetana's past, present, or future employment and not otherwise awarded to Robert Stephen Smetana in this agreement. DEBTS TO BE PAID BY Robert Stephen Smetana Robert Stephen Smetana shall pay, as a part of the division of the estate of the parties, the following and shall indemnify and hold Lori Lee Smetana and Lori Lee Smetana's property harmless from any failure to so discharge these items: Vehicle. One promissory note, payable to the order of Members First Credit Union with loan number 138096-06. The note is secured by a lien against vehicle described as a 2001 Ford Expedition with vehicle identification number 1FMPU16L1 ILB61222. A lien is recorded by fmaneing statement in the proper office in the county and state. Any and all debts, charges, liabilities, and other obligations incurred solely by Robert Stephen Smetana fi.om and after the parties date of separation unless express provision is made in this agreement to the contrary. All debt associated with any property awarded to Robert Stephen Smotana DEBTS TO BE PAID BY Lori Lee Smetana Lori Lee Smetana shall pay, as a part of the division of the estate of the parties, the following and shall indemnify and hold Robert Stephen Smetana and Robert Stephen Smetana's property harmless from any failure to so discharge these items: House. One promissory note payable to the order of Countrywide Home Loans with loan number 002502783. The note is secured by a lien against the house located at the street address of 152 Lefever Rd., Newville, PA 17241. Vehicle. One promissory note payable to the order of Members First Credit Union loan number 138096-05. The note is secured by a lien against vehicle described as a 2001 Oldsmobile Alero with vehicle identification number 1G3NK52T4 lC 133364. A lien is recorded by financing statement in the proper office in the county and state. Any and all debts, chaxges, liabilities, and other obligations incurred solely by Loft Lee Smetana from and after the parties' date of separation unless express provision is made in this agreement to the contrary. All debt associated with any property awarded to Lori Lee Smetana. III. NOTICE Each party shall send to the other party, within three days of its receipt, a copy of any correspondence fi.om creditor or taxing authority concerning any potential liability of the other party. IV. ALIMONY- MAINTENANCE: Both parties agree to waive any rights or claims that either may now have or in the future to receive alimony, maintenance, or spousal support fi.om each other. Both parties understand the full import of this provision. V. NECESSARY DOCUMENTS: THE PARTIES AGREE TO EXECUTE AND DELIVER TO the other party any documents that may be reasonably required to accomplish the intention of this instrument and shall do all other necessary things to this end. VI. SUBSEQUENT DISSOLUTION OF MARRIAGE: It is agreed that this Agreement may be offered into evidence by either party in any dissolution of marriage proceeding, and if acceptable to the Court, this Agreement shall be incorporated by reference in any Final Judgment that may be rendered. However, notwithstanding incorporation in the Final Judgment, this Agreement shall not be merged in but shall survive the Final Judgement and be binding on the parties for all times. VII. PARENTING PLAN: $OINT LEGAL CUSTODY WITH PRIMARY PHYSICAL CUSTODY: Husband and Wife shah each share jointly the legal custody and care of our minor children with Wife to have the primary physical custody of the children. Our parenting relationship shall be guided bythe following terms and conditions: Both parents shall have all the rights and duties ora parent at all time~, including: the right to receive information from the other parent concerning the health, education and welfare oftbe child(ten); to confer with the other parem to the extent possible before making decisions concerning the health, education and welfare of the child(ten); of access to medical, dental, psychological and educational records of the child(ten); to consult with a physician, dentist or psychologist of the child(ren); the right to consult with school officials concerning the child(ren)'s welfare and educational status, including school activities; the right to attend school activities; the right to be designated on any records as a person to be notified in case of an emergency; and the right to m~age the estate of the child to the extent the estate has been created by the parent or the parent's family. Both Parents shall confer with each other on all important matters concerning the health, education and welfare of the children. If matters arise that they are unable to agree upon, the issue shall be submitted to a professional for dispute resolution or arbitration. Both wffi encourage a positive relationship between the children and the other parent Both Parents shall share jointly the following rights, duties, privileges, and powers at all times; including; to direct the moral and religious training of the child(ren) during periods of possession; the duty of care, control, protection and reasonable discipline of the child(ren), including providing the child(ren) with clothing, food, shelter, and medical and dental care not involving an invasive procedure; and the power to consent to medical, dental and surgical treatment during an emergency involving an immediate danger to the health and safety of the child(ren). Wife shall be the primary custodial parent and shall have sole right to establish the primary residence of the children, and further shall have the following exclusive rights and duties to: the power to consent to the marriage, to medical, dental, and surgical treatment involving invasive procedures, and to psychiatric and psychological treatment; the power to represent the child(ten) in legal action and make other decisions of substantial legal significance concerning the child(ten), except when a guardian of the child's estate or a guardian or attorney ad litem has been appointed for the child(ten), a power as an agent of the child(ren) to act in relations to the child's estate if the child(ren)'s action is required by a state, the United States, or a foreigu government. The children will keep the father's surname and not take on the Mother's maiden name or the name of any new spouse, at least until the child is eighteen years of age and is old enough to make that decision for themselves. Robert Stephen Smetana, as the non-custodial parent shall have the right to physical possession of the children, AT ALL TIMES MUTUALLY AGREED upon by the parties and failing agreement, at such specific times and places as are set forth in the attached Schedule for Possession of Minor Children which is incorporated herein for all purposes by this reference. The non-custodial parent shall not interfere with the Custody of the child(ten) and shall return the child(ten) to the care of tbe primary custodial parent immediately upon the termination of each period of possession to which the non-custodial parent is entitled under the terms of this agreement. The primary custodial parent shall surrender the child(ten) to the non-custodial parent at the beginning of each period of possession. AGREED CHILD SUPPORT: The basis of the agreed support for the benefit of our children established by this agreement is based on the following facts; We make this agreement freely without coercion, threat or duress. We declare that this agreement is in the best interest of our child(ren) and that the needs of the children will be adequately met by the agreed amount. We are fully informed of our rights concerning child support and of the guidelines for establishing child support put forth by the state and presumed to be in the best interest of the child(ten). The right to support has not been assigned to the office oftbe Attorney general in consideration for the receipt of payments from the state for the support of the children and no public assistance application is pending. As for child support: [] The panics are capable of supporting their minor child(ten) and neither parent shall pay child support to thc other parent. [] The non-custodial parent, Robert Stephen Smetana, hereinafter Obligor shall pay to the primary custodial parent, hereinafter Obligee, a total of $0 per month, payable in advance on the 1st day of month immediately following the rendition of this agreement between and among the parties and a like amount being due and payable on the same day of each subsequent month thereafter continuing until the earliest of any of the following conditions occur for any child subject of this suit: the child reaches the age of 18 years and thereafter do long as the child is fully enrolled in an accredited primary or secondary school in a program leading toward a high school diploma, until the end of the school term in which the child graduates; the child marries; the child's disabilities are otherwise removed for general purposes; the child is otherwise emancipated; the child dies; or further agreement and order of the court. Obligor's obligation to support the child(re~) shall not terminate upon Obligor's death but shall continue as a debt of Obligor's estate. The child support obligation shall terminate upon the death of the custodial parent receiving child support provided the payor assumes full custody of the children, otherwise, the child support obligation shall continue being paid to the third party assuming primary custody and child rearing responsibilities for the children as successor to the primary custodial parent [] MEDICAL HEALTH INSURANCE: For the term of the child support obligation for each child, husband/father shall carry and maintain medical health insurance for thc benefit of said child(rcn). Thc reasonable health care costs not covered by any policy of health insurance shall be paid as follows; Obligor shall pay ~r~O % and Obligee shall pay ~o %. [] CHILD CARE: As additional child support, Obligor, shall pay to Obligee a total of $ fi'-O 7o per month, payable in advance on the 1st day of each month, commencing on the first day in the month immediately following the parties rendition of this agreement and continuing as long as child care is necessary and actually being paid. [] LIFE INSURANCE: To ensure the availability of funds to support the parties' minor children in the event of either parent's death, both parties agree to carry and maintain a policy of life insurance in the amount of $/d0 ! 00 0 , and shall name as sole irrevocable beneficiaries the surviving parent who shall assume full custody of the children upon the death of the other parent, with said insurance proceeds to be used to ensure the support of the child(ran). DEPENDENT CHILD EXEMPTION: [] Wife [] Husband, shall have the right to claim the dependency exemption for the child(ten). VII. AGREEMENT DESIGNED TO FACILITATE A DIVORCE OR DISSOLUTION OF THE PARTIES' MARRIAGE: This Agreement is entered into with the express intent to facilitate encourage, aid, and in any other manner lead to a divorce and or dissolution of the marriage between the parties hereto. VIII. SUBSEQUENT DISSOLUTION OF MARRIAGE: Respondent/Defendant herein, acknowledges receipt of a copy of the documents to be filed herein with this agreement of the parties attached as Exhibit "A", and states that he/she has read and understands the same. It is agreed that this Agreement shall be offered into evidence by either party in any dissolution of marriage proceeding, and if acceptable to the Court, this Agreement shall be incorporated by reference in any Final Judgment that may be rendered, and the parties shall be ordered to comply with all its provisions, and all warranties and remedies provided in this agreement shall be preserved. However, notwithstanding incorporation in the Final Judgment, this Agreement shall not be merged in but shall survive the Final Judgement and be binding on the parties for all times. IX. REPRESENTATION: The parties represent to each other: (a) Each had the right to independent counsel. Each party fully understands their legal rights and each is signing this Agreement freely and voluntarily, intending to be bound by it. (b) Each has made a full disclosure to the other of his or her current financial condition. (c) Each understands and agrees that this Agreement is intended to be the full and entire contract of the parties. (d) Each agrees that this Agreement and each provision of it is expressly made binding upon the heirs, assigns, executors, administrators, successors in interest and representatives of each party. X. WAIVER OF BREACH: No waiver of any breach by any party of the terms of this Agreement shall be deemed a waiver of any subsequent breach. XI. ENFORCEMENT OF THE AGREEMENT: Both parties agree that the Court granting the divorce, at the request of either party, insert in the Final Judgment a reservation of jurisdiction for the purpose of compelling either party to perform this Agreement, or any part thereof. The prevailing party shall be entitled to attorney's fees in connection with such proceeding. XII. GOVERNING LAW: This Agreement shall be interpreted and governed by the laws of the State of Pennsylvania. XIII. WAIVER OF SERVICE OF PROCESS AND FILING AN ANSWER: Defendant herein, acknowledges receipt of a copy of the documents to be filed herein, and states that he/she has read and understands the same, hereby waives the issuance, service, and return of process upon him/her in this action enters a voluntary appearance in this cause, waiving all time and right to plead, answer or appear in this action, and consents that the same may be set down for trial and heard by the court at any time hereatter without notice to, and in the absence of, this Defendant. XIV. WAIVER OF EMPLOYEE AND/OR MILITARY RETAINER OR RETIREMENT BENEFITS: Both parties agree to waive any rights, interests, or claims, that either may now have or in the future to receive employee and/or military retainer or retirement benefits resulting from the past, present or future employment and/or service of the other party in the Armed Forces of the United States. Both parties understand the full import of this provision. SIGNED ON THIS THE [q~ day of STATE OF Pennsylvania § COUNTY OF Cumberland §ss. Robert Stephen Smetana, Defendant Before me, the undersigned, a Notary Public, on this If& day of ~ , zso~ _, personally appeared the above named Defendant, Robert Stephen Smetana, to me known to be the identical person who executed the above and foregoing Marital Settlement Agreement and personally acknowledged to me that he/she read, understood and signed the same; and that he/she executed the same as his/her free and voluntaxy act and deed for the uses and purposes therein set forth. 1N WITNESS WHEREOF, I have hereunto affixed my signatt~e and official seal the day and date heretofore stated. My commission expires: NOTARIAL SEAL ANNETTE M. STAUB, Notary Public I Borough of Carllale, Cumberland County My Com_mlaelon.Expir~s M?rch 8, 2004 Notary Public SIGNED ON THIS THE /~ dayof /l'3~C~/y , ~0~.~ Lori Lee Smetana, Plaintiff STATE OF Pennsylvania § COUNTY OF Cumberland §ss. Before me, the undersigned, a Notary Public on this/,,97 day of /Y) ~ ~00 3, personally appeared the above named Petitioner/Plaintiff, Loft Lee Smetana, to me known to be the identical person who executed the above and foregoing Marital Settlement Agreement and personally acknowledged to me that he/she read, understood and signed the same; and that he/she executed the same as his/her free and voluntary act and deed for the uses and purposes therein set forth. IN W1TNESS WHEREOF, I have hereunto affixed my signature and official seal the day and date heretofore stated. My commission expires: I~_~y C NOTARIAL SEAL ---~ ANNt:~ I"E M. STAUB, Notary Public rough of Carlisle, Cumberland County ommiSs on Expirel March,,8, 2004 Notary Public SCHEDULE FOR POSSESSION OF MINOR CHILDREN A. MUTUAL AGREEMENT: The parents may have possession of the children at any and all times mutually agreed to in advance, and in the absence of mutual agreement, shall have possession of the children under the specified terms set out below. B. GENERAL TERMS AND CONDITIONS: 1. The PRIMARY CUSTODIAL PARENT, Lori Lee Smetana, (hereafter CP) is ordered to surrender thc minor child(ten) to the NON-CUSTODIAL PARENT, Robert Stephen Smetana, (hereafter NCP) at the beginning of each period of the NCP's possession at the residence of the CP; and Loft Lee Smetana, (hereafter CP) is ordered to surrendex the minor child(ren)to the NON-CUSTODIAL PARENT, Robert Stephen Smetana, (hereafter NCP) at the beginning of each period of the NCP's possession at the residence of the CP. 2. If the NCP elects to begin a period of possession at the time the children's school is regularly dismissed, the CP is ORDERED to surrender the children to the NCP at the beginning of each such period of possession at the school in which the children are enrolled 3. The NCP is hereby ORDERED to return the children to the residence of the CP at the end of each period of possession; 4. Each Parent is ORDERED to return with the children the personal effects that the child brought at the beginning of the period of possession. 5. Each parent may designate any competent adult to pick up and return the children, as applicable, and a parent or designated competent adult is ordered to be present when the children is picked up or returned. 6. A parent shall give notice to the person in possession of the children on each occasion that the parent will be unable to exercise the parent's fight to possession for any specified period. Repeated failure of a parent to give notice of an inability to exercise possessory rights may be considered as a factor in a modification of those possessory rights. 7. Written notice shall be deemed to have been timely made if received or postmarked before or at the time that notice is due. 8. If a Parent's time of possession of a children ends at the time school resumes and for any reason the children will not be returned to school, the Parent in possession of the children shall immediately notify the school and the other Parent that the children will not or has not been returned to school. 9. Each party is ORDERED to give written notice of change of address to the other party, stating the intended date of change and the address of new residence, and it shall be givan at least sixty (60) days before the intended change or on the first day the party knows or should know of the change, whichever occurs first. 10. School means the primary or secondary school in which the child is enrolled, or if the child is not enrolled in primary or secondary school, the public school dislxict in which the children resides. C. REGULAR WEEKLY SCHEDULE: 1. When the NCP resides less than 100 miles from the primary residence of the children, the NCP shall have the fight to possession of the children as folacin weekends beginning at 6 PM on the first, third, and fifth Friday of each month and ending at BPM on the following Sunday. 2. When the NCP resides more than 100 miles from the residence of the children, the NCP shall have possession of the children as follows: a) Either regular weekend possession on the first, third and fifth Friday of each month as provided under Subsection C and D. However, the NCP may choose an alternative schedule ONLY IF the NCP gives written notice to the CP within 90 days after the parties begin to reside more than 100 miles apart. In that case the NCP shall have possession as follows: One weekend per month of the NCP's choice beginning at BPM on the day school recesses for the weekend and ending at BPM on the day before school resumes after that weekend. PROVIDED THAT the NCP gives the CP seven days written or telephone notice preceding a designated weekend, and FURTHER PROVIDED THAT the weekend possession does not interfere with the vacation and holiday possession of CP in Section E below. D. WEEKENDS EXTENDED BY HOLIDAY: If a weekend period of possession of the NCP coincides with a school holiday during the regular school term, or with a federal state or local holiday during the summer months when school is not in session the weekend possession shall end at BPM on a Monday holiday or school holiday, as applicable. E. VACATIONS AND HOLIDAYS: The following periods of possession supersedes any conflicting weekend or Wednesday period of possession provided by subsections C and D above. The parents shall have rights of possession of the children as follows: 1. CHRISTMAS: The NCP shall have possession of the children in odd numbered years beginning at BPM on the day the children is dismissed from school for Christmas school vacation and ending at noon on December 26, and the CP shall have possession of the same period in even numbered years. 2. CHRISTMAS: The NCP shall have possession of the children in even numbered years beginning at noon on December 26th and ending at BPM on the daybefore school resumes after that vacation, and the CP shall have possession of the same period in odd numbered years. 3. THANKSGIVING: The NCP shall have possession of the children in odd numbered years beginning at BPM on the day the children is dismissed from school for Thanksgiving and ending at BPM on the following Sunday, and the CP shall have possession of the children for the same period in even numbered years. 4. SPRING VACATION: The NCP shall have possession of the children in even numbered years beginning at BPM on the day the children is dismissed from school for the school's spring vacation and ending at BPM on the day before school resumes after that vacation, and the CP shall have possession of the same period in odd numbered years. When the NCP resides more than 100 miles from the residence of the children, the CP shall have possession of the children eve~ year beginning at BPM on the day before school resumes after that vacation. 5. SUMMER POSSESSION: If the NCP: a) gives the CP written notice by May 1 of each year specifying an extended period or periods of summer possession, the NCP shall have possession of the children for 30 days beginning no earlier than the day after the children's school is dismissed for the summer vacation and ending no later than seven days prior to school resuming at the end of the summer vacation, to be exercised in no more than two separate periods of at least seven consecutive days each; or b) does not give the CP such notice, the NCP shall have possession of 30 consecutive days beginning at BPM on July 1 and ending at BPM on July 31. 6. LONG DISTANCE SUMMER POSSESSION: When the NCP resides more than 100 miles from the residence of the children, if the NCP: a)gives the CP written notice by May 1 of each year specifying an extended period or periods of summer possession, the NCP shall have possession of the children for 42 days beginning no earlier than the day after the children's school is dismissed from the summer vacation and ending no later than seven days prior to school resuming at the end of the summer vacation, to be exercised in no more than two separate periods of at least seven consecutive days each; or b) does not give the CP such notice, the NCP shall have possession of the children for 42 consecutive days beginning at BPM on June 15 and ending at BPM on July 27. 7. If the CP gives the NCP written notice by June 1, the CP shall have possession of the children on any one weekend beginning Friday at BPM and ending Sunday at BPM during any one period of possession of the NCP in sections 5 and 6 above, PROVIDED THAT the CP picks up the children from the NCP and returns the children to the same place. 8. a) EXEMPTION, if the CP gives the NCP written notice by May 15 of each year or gives the NCP 14 days written notice on or after May 16, the CP may designate one weekend beginning no earlier than the day after the children's school is dismissed for the summer vacation and ending no later than seven days prior to school resuming at the end of the summer vacation, during which an otherwise scheduled weekend period of possession by NCP will not take place PROVIDED THAT the weekend does not interfere with the NCP's summer possession as defined in sections 5 and 6 or with Father's Day if the NCP is the father of the children. b) LONG DISTANCE EXEMPTION: When the NCP resides more than 100 miles from the residence of the children, if the CP gives the NCP written notice by June 1 of each year the CP shall have possession of the children on any one weekend beginning Friday at BPM and ending the following Sunday at BPM during any one period of possession of the NCP under section 6 PROVIDED THAT the CP picks up the children from the NCP and returns the children to that same place and FURTHER PROVIDED that if the NCP shall have possession of the children for more than 30 days the CP shall have possession on any two non- consecutive weekends. c) CP'S DESIGNATION, When the NCP resides more than 100 miles from the residence of the children, if the CP gives the NCP written notice by May 15 of each year or gives the NCP 30 days written notice on or after May 16 of each year, the CP may designate 21 days beginning no earlier than the day after the children's school is dismissed for the summer vacation and ending no later than seven days prior to school resuming at the end of the summer vacation, to be exercised in no more than two separate periods of at least seven consecutive days each, during which the NCP shall not have possession of the children, PROVIDED THAT the designated time period does not interfere with the NCP's summer possession as defmed in section 5 and 6 or with Father's day if the NCP is the father of the children. 9. CHILDREN'S BIRTHDAY: The parent not otherwise entitled under this standard order to present possession of a children on the children's birthday shall have possession of the children beginning at BPM and ending at 8PM PROVIDED THAT said parent pick up the children from the residence of the Parent entitled to possession and remm the children to that same place. 10. FATHER'S DAY: If the Parent, the father shall have possession of the children beginning at BPM on the Friday preceding Father's Day and ending at BPM on Father's Day, provided that, if he is not otherwise emitled under this standard order to present possession of the children he picks up the children from the residence of the Parent entitled to possession and returns the children to that same place. 11. MOTHER'S DAY: If a Parent, the mother shall have possession oft he children beginning at BPM on the Friday preceding Mother's Day and ending at BPM on Mother's Day provided that if she is not otherwise entitled under this standard order to presem possession of the children, she picks up the children from the residence oftbe Parent emitled to possession and returns the children to that same place. INVENTORY AND APPRAISEMENT COVER SHEET IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND Lori Lee Smctana, Plaintiff 152 Lefever Road Newville, Pennsylvania 17241 717-776-9735 VS. Robert Stephen Smetana, Defendant 20 Pasture Lane Newville, Pennsylvania 17241 717-776-5000 § CIVIL ACTION - LAW § TERM § CASENO. 60 ~ ~,0~' Lori Lee Smetana files the following inventory and appraisement of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding year. Lori Lee Smetana verifies that the statements made in this inventory and appraisement are true and correct. Lori Lee Smetana understands that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: Lori Lee Smetana IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND Lori Lee Smetana, Plaintiff 152 Lefever Road Newville, Pennsylvania 17241 717-776-9735 VS. Robert Stephen Smetana, Defendant 20 Pasture Lane Newville, Pennsylvania 17241 717-776-5000 § CIVIL ACTION - LAW § TERM § CASE NO. ,0 ?- &' 0 ~' INVENTORY AND APPRAISEMENT OF Lori Lee Smetana Lori Lee Smetana files the following inventory and appraisement of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding year. Lori Lee Smetana verifies that the statements made in this inventory and appraisement are true and correct. Lori Lee Smetana understands that false statements herein an: subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Lori Lee Smetana Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following page~ IF an item has been appraised, a copy of the appraisal report is attached. [] 1. Real Property [] 2. Motor Vehicles [] 3. Stocks, bonds, securities and options c~ 4. Certificates of deposit rn 5. Checking accounts, cash [] 6. Savings accounts; money market and savings certificates [] 7. Contents of safe deposit boxes [] 8. Trusts [] 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) [] 10. Annuities [] 11. Girls r~ 12. Inheritance [] 13. Patents, copyrights, inventions, royalties r~ 14. Personal property outside the home [] 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with the company. [] 16. Employment termination benefits - severance pay, workman's compensation claim/award [] 17. Profit sharing plan [] 18. Pension plans (indicate employee contribution and date phm vests) [] 19. Retirement plans; Individual Retirement Accounts tn 20. Disability payments [] 21. Litigation claims (matured and unmatured) [] 22. Military/V.A. benefits ~n 23. Educational benefits [] 24. Debts due, including loans, mortgages held a 25. Household furnishings and personal belongings (including as a total category and attach itemized list if distribution of assets is in dispute. [] 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Use a separate sheet for each property item. Item Description Names of all Date of Number of Property Owners Acquisition 1. 152 Lefever Rd. Newville, PA 17241 Lori Lee Smetaaa Robert Stephen Smetana Item Cost or Value as of Value as of Date Amount of Number Date of Acquisition Action Commenced Any Lien Item Nature of Effective Date Holder of Lien Number Any Lien of Lien l. Mortgage Countrywide Home Loans Item Number Reason for Exclusion from Marital Property MAI~ITal. pi~t~pERTy Plaintiff lisls all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Use a separate sheet for each property item. Item Description Names of all Da~ of Number of Property Owners Acquisition 2001 Oldsmobile Alero Loft Lee Smetana ~C,-~. 2 Item Cost or Value as of Value as of Date Amotmt of Number Date of Acquisition Action Commenced An}, Lien 1. $ /?,oao $ $ Item Nature of Effective Date Holder of Lien Number Any Lien of Lien 1. Secured Purchase Money Members First Credit Union Item Number Reason for Exclusion fi.om Marital Property MARITAL PROPERTY Plaintiff lisls all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Use a separate sheet for each property item. Item Description Names of all Date of Number of Property Owners Acquisition 1. 2001 Ford Expedition Robert Stephen Smetana ..~eo ;~ Item Cost or Value as of Value as of Date Amount of Number Date of Acquisition Action Commx~nced Any Lien Item Nature of Effective Date Holder of Lien Number Any Lien of Lien 1. Secured Purchase Money Members First Credit Union Item Number Reason for Exclusion from Marital Property MARITAL PROPERTY Plaintiff list~ all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Use a separate sheet for each property item. Item Description Names of all Date of Number of Property Owners Acquisition 1. Miscellaneous household furnishings Lori Lee Smetana and personal property Robert Stephen Smetana Item Cost or Value as of Value as of Date Amount of Number Date of Acquisition Action Commenced Any Lien Item Nature of Effective Date Holder of Lien Number Any Lien of Lien Item Number Reason for Exclusion from Marital Property PROPERTY TRANSFERRED Plaintiff lis~ all marital property in which either or both spouses have a legal or equitable interest individually or with any other person and which has been transferred within the preceding three years. Use a separate sheet for each property item. Item Description Names of all Date of Number of Property Owners Acquisition Item Cost or Value as of Value as of Date Amotmt of Number Date of Acquisition Action Commenced Any Lien Item Nature of Effective Date Holder of Lien Number Any Lien of Lien Item Number Reason for Exclusion from Marital Propeay LIABILITIES OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the liabilities on the following page. Secured [] 1. Mortgages rn 2. Judgements [] 3. Liens [] 4. Other Secured Liabilities Unsecured [] 5. Credit card balances [] 6. Purchases [] 7. Loan Payments [] 8. Notes payable [] 9. Other unsecured liabilities Contingent or Deferred [] 10. Contracts or agreements [] 11. Promissory notes [] 12. Lawsuits [] 13. Options [] 14. Taxes [] 15. Other contingent or deferred liabilities LIABILITIES Plaintiff lists all liabilities of either or both spouses alone or with any other person as of the date this action was commenced. Item Description of Names of All Debtors Number Liability Creditors 1. Mortgage Robert Stephen Smetana Lori Lee Smetana 2. Secured Purchase Robert Stephen Smetana 3. Secured Purchase Loft Lee Smetana Countrywide Home Loans Members First Credit Union Members First Credit Union Item Date Liability Number Was Incurred Amounts of Liability on Date Incurred and Date Action Commenced 1. $ 2. $ 3. $ Item Date Balance Number is Due Periodic Payment and Amount 1. $ 2. $ 3. $ IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND Loft Lee Smetana, Plaintiff 152 Lefever Road Newville, Pennsylvania 17241 717-776-9735 VS. Robert Stephen Smetana, Defendant 20 Pasture Lane Newville, Pennsylvania 17241 717-776-5000 § CIVIL ACTION - LAW § TERM § CASE NO. INCOME AND EXPENSE STATEMENT OF Lori Lee Smetana, PLAINTIFF Plaintiff files the following Income and Expense Statement setting forth his/her income and expenses as of the date set forth below. Plaintiffverifies that the statements made in the Income and Expense Statement arc truc and correct. Plaintiff understands that false statements herein are subject to thc penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Dated: Lori Lee Smetana NAME: Loft Lee Smetana INCOME AND EXPENSE STATEMENT OF Lori Lee Smelan,% PLAINTIFF Lori Lee Smetana VS. Robert Stephen Smetana INCOi~E: Employer: TruSecure Corporation Address: 1000 Bent Creek Blvd., Mechanicsburg, PA 17050 Type of Work: Technical Payroll No.: Social Security No.: 193-60-9892 Gross pay per pay period: $ ~ Iq ~'~ ~'(o Pay period rq weekly biweekly ~monthly ITEMIZED PAYROLL DEDUCTIONS: Federal Withholding $ ~4. vo Local Wage Tax Retirement $ ~,O ~6t Credit Union Health Insurance $ Social Security Savings $ State Inc. Tax Life Insurance $ [ 7 /~') Other 3-1. NETPAYperpayperiod: $ /1 q~. ff~ NAME: Loft Lee Smetana INCOME AND EXPENSE STATEMENT OF Lori Lee Smetana, PLAINTIFF Lori Lee Smetana VS. Robert Stephen Smetana OTHER INCOME Weekly Monthly Yearly interest $ $ $ Dividends $ $ $ Pension $ $ $ Annuity $ $ $ Rents $ $ $ Royalties $ $ $ Social Security $ $ $ Expense Account $ $ $ Gifts $ $ $ Unemployment $ $ $ Workers' Compensation $ $ $ Other $ $ Z~3,,[. ~'~ $ Other $ $ $ Total AH lncome: $ ~'~ ~ ~,, ~ ~ Per [] Week )~CMonth [] Year NAME: Lori Lee Smetana PROPERTY OWNED INCOME AND EXPENSE STATEMENT OF Lori Lee Smetana, PLAINTIFF Lori Lee Smet~ma VS. Robert Stephen Smetana Description Value Checking Account Savings Account Husband Wife Child $ [0oo, oO ,~ g. [] Credit Union Stocks/Bonds Real Estate Automobile Other $ 1:3 [] [] $ [3 [] [] $ [3 [] [] INSURANCE Company Hospitalization Medical Health/Accident Disability Policy # Husband Wife Child NAME: Lori Lee Smetana EXPENSES INCOME AND EXPENSE STATEMENT OF Lori Lee Smetana, PLAINTIFF Lori Lee Smetana VS. Robert Stephen Smetana HOME Weekly Mortgage $ Rent $ Maintenance $ Gas $ Electric $ Telephone $ Water $ Sewer $ ALLOCATIONS Monthly Yearly Self Children Sfooq,oO $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ I0o,OO $ $ $ $ ~,-o,oo $ $ $ $ $ $ $ $ $ $ $ EMPLOYMENT Weekly Transpo~afion $ Lunch Maintenance Monthly Yearly Self $ $ $ $ $ $ $ $ $ $ $ $ $ $ Children NAME: Lori Lee Smetana EXPENSES INCOME AND EXPENSE STATEMENT OF Lori Lee Smetana, PLAINTIFF Lori Lee Smetana VS. Robert Stephen Smelana ALLOCATIONS TAXES Weekly Monthly Yearly Self Children Real Estate $ $ $ Personal Property $ $ $ ____ $ $ Income $ $ $ $ $ INSURANCE Weekly Monthly Yearly Self Children Homeowners $ $ $ ~,~"1 c.(. 0_20 $ $ Auto $ $ $ ?~OO ·DO $ $ Life $ $ $ $ Accident $ $ $ $ $ Other $ $ $ $ $ CAR Weekly Monthly Yearly Self Children Payments $ $ $ $ $ Fuel/O il $ $ $ $ $ Repairs $ $ $ $ $ MEDICAL Weekly Monthly Yearly Self Children $ $ Doctor $ $ $ Dental $ $ $ $ $ Hospital $ $ $ $ $ Medicine $ $ $ $ $ Special $ $ $ $ $ NAME: Lori Lee Smetana EXPENSES INCOME AND EXPENSE STATEMENT OF Loft Lee Smetana, PLAINTIFF Lori Lee Smetana VS. Robert Stephen Smetana ALLOCATIONS SCHOOL Private School Parochial School College Religious Weekl~ Monthly Yearly Self Children $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Weekly Monthly Yearly Self Children $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ PERSONAL Clothes Food Hairdresser Barber Credit Payment Credit Cards Charge Accounts Dues CHILD CARE Daycare Babysitter Other Weekly Monthly Yearly Self Children $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ NAM E: Lori Lee Smetana EXPENSES INCOME AND EXPENSE STATEMENT OF Lori Lee Smetana, PLAINTIFF Lori Lee Smctana VS. Robert Stephen Smetana ALLOCATIONS LOANS Weekly Monthly Yearly Self Children Credit Union $ $ $ $ $ Other $ $ $ $ $ Other $ $ $ $ $ Other $ $ $ $ $ MISC. Weekly Monthly Yearly Self Children Papers $ $ $ $ $ Magazines $ $ $ $ $ Entertainment $ $ $ $ $ Fay T .V $ $ $ $ $ Vacation $ $ $ $ $ Gifts $ $ $ $ $ Legal Fees $ $ $ $ $ Contributions $ $ $ $ $ Other Child Support $ $ $ $ $ Alimony $ $ $ $ $ Other $ ...... $ $ $ $ Other $ $ $ $ $ Other $ $ $ $ $ TOTAL Weekly Monthly Yearly Self Children EXPENSES $ $ $ $ $ INCOME AND EXPENSE STATEMENT OF Lori Lee Smetana, PLAINTIFF NAME: Lori Lee Smetana Lori Lee Smetana VS. Robert Stephen Smetana SUPPLEMENTAL INCOME STATEMENT This page must be filed out if you: l) operate a business or practice a profession, or 2) are a member of a partnership or joint venture, or 3) are a shareholder in and are salaried by a closed corporation or similar entity Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, professional corporation or similar entity: 1) the most recent Federal Income Tax Return, and 2) the most recent Profit and Loss Statement Address of Business: Telephone: Nature of Business ('/one) 1) [] partnership 2) [] joint venture 3) ~ professional 4) r~ closed corporation 5) [] other Name of accountant, controller or other person in charge of financial records: Name: Address Telephone: INCOME AND EXPENSE STATEMENT OF Lori Lee Smetana, PLAINTIFF NAME: Lori Lee Smetana Lori Lee Smctana VS. Robert Stephen Smetana SUPPLEMENTAL INCOME STATEMENT (con6nued) Annual income from business: $ 1) How often is the incomc received? 2) Gross income per pay period: $ 3) Net income per pay period $ 4) Specified deductions, if any: $ IN THE COURT OF COMMON PLEAS OF THE JUDICiAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND Lori Lee Smetana, Plaintiff 152 Lefever Road Newville, Pennsylvania 17241 717-776-9735 VS. Robert Stephen Smetana, Defendant 20 Pasture Lane Newville, Pennsylvania 17241 717-776-5000 § CIVIL ACTION - LAW § TERM § CASE NO. cO'~ ,-(ad'~' INCOME AND EXPENSE STATEMENT OF Robert Stephen Smetana, Defendant Defendant files the following Income and Expense Statement setting forth his/her income and expenses as of the date set forth below. Defendant verifies that the statements made in the Income and Expense Statement axe hue and correct. Defendant understands that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Dated: Robert Stephen Smetana DATE: ~- ! ~ ' O ~ INCOME AND EXPENSE STATEMENT OF Robert Stephen Smetan~, PLAINTIFF NAME: Robert Steuben Smetana Lori Lee Smetana VS. Robert Stephen Smctana INCOME: Employer: Carlisle School District Address: 623 West Perm Street, Carlisle, PA 17013 Type of Work: Teacher Payroll No.: Social Security No.: 169-60-8208 Grosspay per pay period: $ J ~"~0. q{,~ Payperiod [] weekly [] biweekly [] monthly ITEMIZED PAYROLL DEDUCTIONS: Federal Withholding $ I [ ~ -'~"~ Local Wage Tax $ ~)O · '~-~ Retirement $ ~ o~ ~ 5 Credit Union $ Health Insurance $ Social Security $ "-~'~ , ~ O Savings $ State inc. Tax $ Life Insurance $ Other NETPAYperpayperiod: $ ~"1 ~ DATE: .~" -[ ~-0 '~ _ INCOME AND EXPENSE STATEMENT OF Robert Stephen Smetana, PLAINTIFF NAME: Robert Stephen Smetana Lori Lee Smetana VS. Robert Stephen Smetana OTHER INCOME Weekly Monthly Yearly Interest $ Dividends $ Pension $ Annuity $ Rents $ Royalties $ Social Security $ Expense Account $ Gifts $ Unemployment $ Workers' Compensation $ Other C C&C['xi &~" $ Other ~i,,..{,VL~Ot ~C..~ooj $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total All Income: $ Per [] Week [] Month J~Year $ $ $ $ $ $ $ $ $ $ $ $ $ d~ooo DATE: ~-~ ( ~ "0 ~ INCOME AND EXPENSE STATEMENT OF Robert Stephen Smetalm, PLAINTIFF NAME: Robert Stephen Smetana Loft Lee Smetana VS. Robert Stephen Smetana PROPERTY OWNED Description Value Husband Wife Child Check'mg Account Savings Account Credit Union Stocks/Bonds Real Estate Automobile Other $ [] [] [] $ o [] o $ o [] [] $ [] [] [] INSURANCE Company Policy # Husband Wife Child Hospitalization Medical Health/Accident # [] [] [] # [] [] Disability Dental DATE: ~'~ INCOME AND EXPENSE STATEMENT OF Robert Stephen Smetana, PLAINTIFF NAME: Robert Stephen Smetana Lori Lee Smetana VS. Robert Stephen Stnetana EXPENSES ALLOCATIONS HOME Weekly Monthly Yearly Self Children Mortgage $ $ $ Rent $ $ $ Maintenance $ $ $ Gas $ $ $ Electric $ $ $ Telephone $ $ $ Water $ $ $ Sewer $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ EMPLOYMENT Weekly Monthly Yearly Self Children Transpo~a~on $ $ $ $ $ Lunch $ $ $ $ $ Maintenance $ $ $ $ $ DATE: ~- ~ 5 '- O INCOME AND EXPENSE STATEMENT OF Robert Stephen Smetana, PLAINTIFF NAM E: Robert Stephen Smetana Lori Lee Smetana VS. Robert Stephen Smetana EXPENSES ALLOCATIONS TAXES Weekly Monthly Yearly Self Children Real Estate $ $ $ $ $ Personal Property $ $ $ ____ $ $ Income $ $ $ $ $ INSURANCE Weekly Monthly Yearly Self Children Homeowners $ $ $__ $ $ Arno $ $ $ $ $ Life $ $ $ $ $ Accident $ $ $ $ $ Other $ $ $ $ $ CAR Weekly Monthly Yearly Self Children Payments $ $ $ $ $ Fuel/Oil $ $ $ $ $ Repairs $ $ $ $ $ MEDICAL Weekly Monthly Yearly Self Children Doctor $ $ $ ____ $ $ Dental $ $ ....... $ .... $ ____ $ Hospital $ $ $ $ $ Medicine $ $ $ $ $ Special $ $ $ $ $ INCOME AND EXPENSE STATEMENT OF Robert Stephen Smetana, PLAINTIFF NAME: Robert Stephen Smetana Lori Lee Smetana VS. Robert Stephen Smetana EXPENSES ALLOCATIONS SCHOOL Weekly Monthly Yearly Self Children Private School $ $ $ $ $ Parochial School $ $ $ $ $ College $ $ $ $ Religious $ $ $ $ $ PERSONAL Weekly Monthly Yearly Self Children Clothes $ $ $ $ $ Food $ $. $ $ $ Hairdresser $ $ $ $ $ Barber $ $ $ $ $ Credit Payment $ $ $ $ $ Credit Cards $ $ $ $ $ Charge Accounts $ $ $ $ $ Dues $ $ $ $ $ CHILD CARE Weekly Monthly Yearly Self Children Daycarc $ $ $ $ $ Babysitter $ $ $ $ $ Other $ $ $ $ $ NAM E: Robert Stephen Smetana INCOME AND EXPENSE STATEMENT OF Robert Stephen Smetana, PLAINTIFF Lori Lee Smetana VS. Robert Stephen Smetana EXPENSES ALLOCATIONS LOANS Weekly Monthly Yearly Self Children Credit Union $ $ $ $ $ Other $ Other $ $ $ $ $ Other $ $ $ $ $ MISC. Weekly Monthly Yearly Self Children Papers $____ $ $ $ $ Magazines $ $ $ $ $ Entertainment $ $ $ $ $ Pay T.V $ $ __ $ $ $ Vacation $ $ $ $ $ Gifts $ $ $ $ $ Legal Fees $ $ $ $ $ Contributions $ $ $ $ $ Other Child Support $ $ $ $ $ Alimony $ $ $ $ $ Other $ $ $ $ $ Other $ $ $ $ $ Other $ $ $ $ $ TOTAL Weekly Monthly Yearly Self Children EXPENSES $ $ $ $ $ LNCOME AND EXPENSE STATEMENT OF Robert Stephen Smetana, PLAINTIFF NAM E: Robert Stephen Smetana Loft Lee Smetana VS. Robert Stephen Smetana SUPPLEMENTAL INCOME STATEMENT This page must be filed out if you: 1) operate a business or practice a profession, or 2) are a member of a partnersi~p or joint venture, or 3) arc a shareholder in and are salaried by a cinscd corporation or similar entity Attach to this statement a copy of ~hc following documents relating to the partnership, joint venture, business, professional corporation or similar entity: 1) the most recent Federal Income Tax Return, and 2) the most recent Profit and Loss Statement Name of Busincss: Address of Business: Telephone: Nature of Business (fi.one) 1) [3 partnership 2) [] joint venture 3) [] professional 4) rn closed corporation 5) [] other Name of accountant, controller or other person in charge of financial records: Name: Address Telephone: INCOME AND EXPENSE STATEMENT OF Robert Stephen Smetana, PLAINTIFF NAM E: Robert Stephen Smetana Lori Lee Smetana VS. Robert Stephen Smetana SUPPLEMENTAL INCOME STATEMENT (continued) 1) How often is the income received? 2) Gross income per pay period: $ 3) Net income per pay period $ 4) Specified deductions, if any: $ IN THE COURT OF COMMON PLEAS OF THE __ JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND Lori Lee Smetana, Plaintiff' 152 Lefever Road Newville, Pennsylvania 17241 193-60-9892 Robert Stephen Sm~ana, De~ndant 20 Pas~reLane Newville, Pennsylvania17241 169-60-8208 CIVIL ACTION - LAW TERM CASE NO. IN DIVORCE ACCEPTANCE OF SERVICE I, Robert Stephen Smetana, am the Defendant in the above entitled case and I do hereby accept service of the Complaint in Divorce filed in the above-captioned matter. Date ~'~ ~' Z~o~ Robert Stephen Smetana, defendant Cumberland County Prothonotary Office 1 Court House Square Carlisle, PA 17013 Attached to this letter are copies of the first notarized Acceptance of Service and Affidavit as to Signature. Both of these documents were notarized on Feb 17, 2003 and mailed to the Prothonotary Office. Unfortunately, I did not mail these documents certified mail and they have not been received by the Court House. Robert and I have completed new documents but they will be dated prior to the 30 days in which the forms were to be completed. I have attached copies of the Feb 17,, 2003 signed forms along with the new forms completed May 16, 2003. I hope this is not a problem and does not hold up the divorce paperwork. Please contact me if there is a problem. Thank you, LoriSmetana-Plainfiff ~_~ ~ Robert Smetana - Defendant IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND Lori Lee Smetana, Plaintiff 152 Lefever Road Newville, Pennsylvania 17241 193-60-9892 Robert Stephen Smetana, Defendant 20 Pasture Lane Newville, Pennsylvania17241 169-80-8208 CIVIL ACTION - LAW TERM CASE NO. IN DIVORCE AFFIDAVIT AS TO SIGNATURE Lod Lee Smetana, being duly sworn according to law, deposes and says that Lod Lee Smetana is the Plaintiff in the above-captioned divome action; that Lod Lee Smetana is familiar with the signature of the Defendant; and that the signature on the Acceptance of Service attached hereto as Exhibit "A" is the signature of the Defendant, Robert Stephen Smetana. Lod Lee S"~'etana, Plaintiff to and subscribed before me this the I-'~/~day of Sworn Notary Public NOTARIAL SEAL~'-"-'--~ LISA ANN HIGHLANDS, Notary Public Carlisle Borough, Cumberland Count_ My Comllltaeion Ex1311~e~ Aug. 20, 2005.~ IN THE COURT OF COMMON PLEAS OF THE~ JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND Lori Lee Smetana, Plaintiff 152 Lefever Road Newville, Pennsylvania 17241 193-60-9892 Robert Stephen Smetana, Defendant 20 Pasture Lane Newville, Pennsylvania17241 169-60-8208 CIVIL ACTION - LAW TERM CASE NO. IN DIVORCE ACCEPTANCE OF SERVICE I, Robert Stephen Smetana, am the Defendant in the above entitled case and I do hereby accept service of the Complaint in Divome filed in the above-captioned matter. Date Robert Stephen Smetana, defendant IN THE COURT OF COMMON PLEAS OF THE ~ JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND Lori Lee Smetana, Plaintiff 152 Lefever Road Newville, Pennsylvania 17241 193-60-9892 Robert Stephen Smetana, Defendant 20 Pasture Lane Newville, Pennsylvania17241 169-60-8208 CIVIL ACTION - LAW TERM CASE NO. IN DIVORCE AFFIDAVIT AS TO SIGNATURE Lori Lee Smetana, being duly sworn according to law, deposes and says that Lori Lee Smetana la the Plaintiff in the above-captioned divorce action; that Lori Lee Smetana is familiar with the signature of the Defendant; and that the signature on the Acceptance of Service attached hereto as Exhibit "A" is the signature of the Defendant, Robert Stephen Smetana. Date: '/~'2~ //~! ~ ~J ~ ~ S~,~m to and subscribed before Lori Lee Smetana, Plaintiff me this the ]~f~day of / Notary Public " NOTARIAL SEAL KATIE E. KERSTETTER, NotaP/Public Borough of Carlisle, Cumberland County My Commission Expires April 26, 2004 IN THE COURT Of COMMON PLEAS OF THE ~ JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND Lori Lee Smetana, Plaintiff 152 Lefever Road Newville, Pennsylvania 17241 193-60-9892 Robert Stephen Smetana, Defendant 20 Pasture Lane Newville, Pennsylvania17241 169-60-8208 CIVIL ACTION - LAW TERM CASE NO. 'o ~ -~/.~ ~ IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divome under Section 3301 (c) of the Divorce Code was filed on the i0 day of ~r.~g)~O.... , '2~:}.~ ~ 2. The marriage between the parties hereto is irretrievably broken. Ninety days have elapsed since the filing of the Complaint. 3. I am aware that marriage counseling is available and do not desire said counseling. 4. I state that I have read copies of the Complaint for Divome Under Section 3301 (c) of the Divorce Code, and I understand said Complaint. I waive any pleading periods and notices there may be. 5. I hereby enter my consent to the entry of a final decree of divorce. 6. I understand that I may lose dghts concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 7. I verify that the statements made in this affidavit are b'ue 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. Dated: 3-- /.~-0~ Lod Lee Smetana, Plaintiff Lori L Smetana, Plaintiff PENNSYLVANIA Robert S. Smetana, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, NO. 03-605 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF THE 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's fees or expenses ifl do not claim them before a divorce is wanted. I understand that I will not be divorced umil a divorce decree is entered by the Count 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 herin are subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities. Dated: Lori L. Smetana, Plaintiff IN THE COURT OF COMMON PLEAS OF THE ~ JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND Lori Lee Smetana, Plaintiff 152 Lefever Road Newville, Pennsylvania 17241 193-60-9892 Robert Stephen Smetana, Defendant 20 Pasture Lane Newville, Pennsylvania17241 169-60-8208 CIVIL ACTION - LAW CASE NO. DIVORCE TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divome under Section 3301 (c) of the Divorce Code was filed onthe I(~ dayof ~ J~,~r~. , 2.0o;; 2. The mardage between the parties hereto is irretrievably broken. Ninety days have elapsed since the filing of the Complaint. 3. I am aware that marriage counseling is available and do not desire said counseling. 4. I state that I have read copies of the Complaint for Divorce Under Section 3301(c) of the Divorce Code, and I understand said Complaint. I waive any pleading pedods and notices there may be. 5. I hereby enter my consent to the entry of a final decree of divorce. 6. I understand that I may lose dghts concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 7. I verify that the statements made in this affidavit are Irue and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Robert Stephen Smetana, Defendant Lori L Smetana, Plaintiff PENNSYLVANIA Robert S. Smetana, Defendant coo z ov cou o ov CUMBERLAND COUNTY, NO. 03-605 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyers's fees or expenses ifI do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the,Count and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify flint th~ statements made in.this affidavit are true and correct. I und~tan4 that any false statevacats heria are subject to the penalties of 18 Pa. C.S. 4904 relating ~o,~swom fatsifica6on to authorities. gobert S. Smetana, Defendant IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND Lori Lee Smetana, Plaintiff 152 Lefever Road Newville, Pennsylvania 17241 193-60-9892 Robert Stephen Smetana, Defendant 20 Pasture Lane Newville, Pennsylvania17241 169-60-8208 CIVIL ACTION - LAW TERM CASE NO. IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, the Cour~ for entry of a divorce decree: I. Ground for divorce: Ixrctrievable breakdown under Section 3301 (c) of thc Divorce Code. 2. Date and manner of service of Complaint: the 10 day of ~2r~c,~c~,~~. 2003 by Acceptance of Service 3. Complete either paragraph (a) or (b) (a) Date of execution of thc Affidavit of Consent required by Section 3301(c) of the Divorce Code; By Plaintiff Loft Lee Smetana; by Defendant Robert Stephen Smetana. (b)(1) Date of execution of the affidavit required by Section §3301(d) of the Divorce Code: (b)(2)Date of filing and service of the Plaintiffs affidavit upon the respondent: 4. Related claims pending: 5. (Complete either (a) Co). ) (a) date and manner of service of the notice of intention to file to transmit record, a copy of which is attached: (b) (1) Date Plaintiffs waiver of notice in §3301(c) Divorce was filed with the prothonotary: ~"'- [ q~ L~ (b) (2) Date Defendant's waiver of notice in §3301(c) Divome was filed with the prothonotary: J--- ] ~ - 0 g 6. Attached hereto are: (a) A copy of the docket entries, certified by counsel ( or by clerk of courts - civil) to be a true and correct copy of the original docket entries; (b) The original proposed divome decree (including a copy of the pre-nuptial agreement, which is requested to be incorporated by reference in said decree); (c) The completed form required by the commonwealth of Pennsylvania, Departmem of Health, Bureau of Vital Statistics; (d) The completed affidavit of non-military service under the Soldiers and Sailors Civil Relief Act of 1940, 50 U.S.C.A. App. Sec. 520, if required byrule 1920.46. Lori Lee Smetana, Petitioner IN THE COURT Of COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF Lori Smetana Plainti?f VERSUS PENNA. No. DecreE IN DIVORCE AND NOW, DECREED THAT AND , 2,~'~IT> IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOL. IOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THiS ACTI~)N FOR WHICH A FINAi ORDER HAS NOT YET BEEN ENTERED;