HomeMy WebLinkAbout07-6651t # ` a
SALZMANN HUGHES, P.C.
E. Ralph Godfrey, Esquire Attorney for Plaintiff
Attorney I.D. No. 77052
354 Alexander Spring Road, Suite 1
Carlisle, PA 17013
Telephone: (717) 249-6333
Fax: (717)249-7334
E-mail: rgodfrey(asalzmannhughes.com
JESSICA L. SMETANA, IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
VS.
MICHAEL S. SMETANA,
NO.2007-
CIVIL ACTION -LAW
Defendant IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you
must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of
divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any
other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request
counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County
Court House, 1 Courthouse Square, Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR
EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY
LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Lawyer Referral Service
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
OP .
JESSICA L. SMETANA,
Plaintiff
VS.
MICHAEL S. SMETANA,
Defendant
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
NO.2007- /
CIVIL ACTION -LAW
IN DIVORCE
COMPLAINT IN DIVORCE
1. The Plaintiff, JESSICA L. SMETANA, is an adult individual residing at 224
Brick Church Road, Newville, Cumberland County, Pennsylvania, 17241.
2. The Defendant, MICHAEL S. SMETANA, is an adult individual currently
residing at 22 Poplar Street, Wormelysburg, Cumberland County, Pennsylvania, 17403.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at
least six months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on the May 13, 2000, in Cumberland
County, Pennsylvania.
5. The Plaintiff and Defendant are not in the military or naval forces of the United
States.
6. There have been no prior actions of divorce between the parties in this or any
other state.
7. No children have been born of the marriage.
COUNTI
DIVORCE PURSUANT TO §3301(c) & (d)
OF THE DIVORCE CODE
8. Paragraphs one through seven are incorporated herein by reference as if set forth
in full.
9. Plaintiff avers that the marriage is irretrievably broken.
10. Plaintiff has been advised of the availability of marital counseling and that either
party has the right to request that the court require the parties to participate in counseling.
11. The parties have separate and apart since February 1, 2007.
WHEREFORE, Plaintiff requests this Honorable Court to enter a decree of divorce.
COUNT II
EQUITABLE DISTRIBUTION
12. Paragraphs one through eleven are incorporated herein by reference as if set forth
in full.
13. The parties have acquired real and personal property, including automobiles, bank
accounts and other items of miscellaneous property during the course of their marriage, some of
which is martial property.
WHEREFORE, Plaintiff requests the Honorable Court to enter a decree, which effects an
equitable distribution of martial property.
SALZMANN HUGHES, P.C.
Date: 1013461-- By: •
ph God s e
Attorney I.D. N 052
354 Alexande oad, Suite 1
Carlisle, PA 17013
(717) 249-6333
Attorneys for Plaintiff
VERIFICATION
I, JESSICA L. SMETANA, do hereby verify that the facts set forth in the foregoing
Complaint in Divorce are true and correct to the best of my personal knowledge or information
and belief. I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. §4904, relating to unsworn falsification to authorities.
Date: 10 "31 'O7%
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SALZMANN HUGHES, P.C.
E. Ralph Godfrey, Esquire Attorney for Plaintiff
Attorney I.D. No. 77052
354 Alexander Spring Road, Suite 1
Carlisle, PA 17013
Telephone: (717) 249-6333
Fax: (717)249-7334
E-mail: rgodfreyna salzmannhughes com
JESSICA L. SMETANA,
Plaintiff
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
VS.
MICHAEL S. SMETANA,
Defendant
NO. 2007-6651
CIVIL ACTION -LAW
IN DIVORCE
PROOF OF SERVICE BY MAIL
I, E. Ralph Godfrey, do hereby certify that on November 9, 2007, a copy of the Court of
Common Pleas Complaint filed in the above referenced matter was served upon the following
person by certified, restricted mail as evidenced by the receipt card attached hereto on Michael
Smetana of 22 Poplar Street, Wormleysburg, PA 17403
SALZMANN HUGHES, P.C.
Dated: ?T f Co U?' By
E. Rei ph Godfr6:y!E
Attorney I.D. No Q
354 Alexander ring
Suite 1
Carlisle, PA 17013
(717) 249-6333
Attorneys for Plaintiff
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JESSICA L. SMETANA,
Plaintiff
VS.
MICHAEL S. SMETANA,
Defendant
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2007-6651
CIVIL ACTION -LAW
IN DIVORCE
PRAECIPE TO WITHDRAW APPEARANCE
Please withdraw the appearance of SALZMANN HUGHES, P.C. as counsel of record for
the Plaintiff Jessica L. Smetana in the above-referenced matter.
By;
SALZMANN HUGHES, P.C.
v E. Rai0h-66dfrey, Esquire
Attorney ID# 77052
354 Alexander Spring Road
Suite 1
Carlisle, PA 17013
717-249-6333
Dated: 4/2/08 Attorney for Defendant
CERTIFICATE OF SERVICE
I, E. Ralph Godfrey, Esquire, hereby certify that I served a copy of the foregoing Praecipe
to Withdraw Appearance upon all parties to this action, by mailing a copy thereof on this 2nd day
of April, 2008, to:
Michael S. Smetana
22 Poplar Street
Wormleysburg, PA 17403 +
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JESSICA L. SMETANA,
Plaintiff
VS.
MICHAEL S. SMETANA,
Defendant
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2007-6651
CIVIL ACTION -LAW
IN DIVORCE
PRAECIPE TO ENTER APPEARANCE
Please enter the appearance of LAVERY, FAHERTY, YOUNG & PATTERSON, P.C. as
counsel of record for the Plaitniff Jessica L. Smetana in the above-referenced matter.
By:
LAVERY, FAHERTY, YOUNG & PATTERSON,
P.C.
E.
31
Dated: 4/2/08
225 Market Street,-Suite 304
PO Box 1245
Harrisburg, PA 17108-1245
717-233-6633
Attorney for Defendant
4 -
CERTIFICATE OF SERVICE
I, E. Ralph Godfrey, Esquire, hereby certify that I served a copy of the foregoing Praecipe
to Enter Appearance upon all parties to this action, by mailing a copy thereof on this 2"d day of
April, 2008, to:
Michael S. Smetana
22 Poplar Street
Wormleysburg, PA 17403
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JESSICA L. SMETANA.)
Plaintiff
VS.
MICHAEL S. SMETANA,
Defendant
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2007-6651
CIVIL ACTION -LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on
November 1, 2007, and served on November 9, 2007.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of filing the Complaint and service of the
Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §
4904 relating to unsworn falsification to authorities.
Date: #A A i Ile
a rw\
J sica L. Smetana
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JESSICA L. SMETANA,
Plaintiff
VS.
MICHAEL S. SMETANA,
Defendant
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2007-6651
CIVIL ACTION -LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE
DECREE UNDER -43301(C) AND & 3301(D) 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,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to
unsworn falsification to authorities.
Date: Lf /2 do 9. 4MLhlz-?
Je ica L. Smetana
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JESSICA L. SMETANA,
Plaintiff
VS.
MICHAEL S. SMETANA, .
Defendant
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2007-6651
CIVIL ACTION -LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
A Complaint in divorce under §3301(d) of the Divorce Code was filed on
November 1, 2007, and served on November 9, 2007.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of filing the Complaint and service of the
Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §
4904 relating to unsworn falsification to authorities.
Date: 4 a 3 O?
Michael S. Smetana
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JESSICA L. SMETANA,
Plaintiff
VS.
MICHAEL S. SMETANA,
Defendant
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2007-6651
CIVIL ACTION -LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE
DECREE UNDER 43301(C) AND & 3301(D) 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,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to
unsworn falsification to authorities.
Date: .,;3 O$ . ?9
Michael S. Smetana
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this ?? day of 0between MICHAEL
S. SMETANA hereinafter referred to as "Husband"', and JESSICA L. SMETANA,
hereinafter referred to as "Wife."
WHEREAS, Husband and Wife were lawfully married on May 13, 2000 in
Cumberland County, Pennsylvania. Wife filed a Complaint in Divorce in Cumberland
County, Pennsylvania, docketed at 2007-6651 on November 1, 2007; and
WHEREAS, certain differences arose between the parties as a result of which they
now desire to live separate and apart and by this Agreement are desirous of settling fully
and finally their respective financial and property rights and obligations as between each
other, including, without limitation by specification, the settling of all matters between
them relating to the past, present and future support and/or maintenance of Wife by
Husband or of Husband by Wife; and in general the settling of any and all claims and
possible claims by one against the other or against their respective estates for equitable
distribution of all marital property; and a resolution of all mutual responsibilities and
rights growing out of the marriage relationship; and
WHEREAS, Husband and Wife declare that each has had a full and fair opportunity
to obtain independent legal advice from counsel of their selection, and that before signing
this Agreement, each has either been fully advised by counsel of their rights and obligations
under the law and this Agreement, or else have waived their rights to legal advice. Each
party hereby confirms that he or she has read carefully and fully understands the terms,
conditions and provisions of this Agreement and believes same to be fair, just, adequate and
reasonable under the existing facts and circumstances. The parties further declare that
each is executing the Agreement freely and voluntarily, and not as a result of any fraud,
coercion, duress, undue influence or collusion; and
WHEREAS, Husband and Wife are satisfied that they understand the value and
extent of all property which would be considered "martial property" under the Pennsylvania
Divorce Reform Act, whether titled or owned separately or jointly as well as the value and
extent of nonmarital property held or expected to be held by each other. Husband and Wife
each warrant and represent to one another that he or she has made full and complete
disclosure to the other of all assets of any nature whatsoever party has an interest, the
current value of such assets, the sources and amount of the income of such party of every
type whatsoever, and all other facts relating to the subject matter of this Agreement.
NOW THEREFORE, in consideration of the above recitals and the following
covenants and promises mutually made and mutually to be kept, the parties heretofore,
intending to be legally bound and to legally bind their heirs, successors and assigns
thereby, covenant, promise and agree as follows:
1. SEPARATIONIINTERFERENCE.
It shall be lawful for each party at all times hereafter to live separate and apart
from the other at such place or places as he or she may from time to time choose or deem fit.
Page 1 of 1
Each party shall be free from interference, authority and contact by the other, as fully as if
he or she were single and unmarried, except as may be necessary to carry out the
provisions of this Agreement. Neither party shall harass the other nor endeavor to molest
the other, nor compel the other to cohabit with the other nor in any way malign the other,
nor in any way interfere with the peaceful existence, but shall be separate and apart from
the other in all respects as if he or she were single and unmarried.
2. DEBTS.
A. JOINT DEBTS:
Husband and Wife acknowledge and agree that they have no outstanding marital
debts and obligations of the Husband and Wife incurred prior to the signing of this
agreement.
B. WIFE'S DEBTS:
Wife represents and warrants to Husband that since February 1, 2007, she has not
and in the future will not contract or incur any debt or liability for which Husband or his
estate might be responsible and shall indemnify and save Husband harmless from any and
all claims or demands made against him by reason of debts or obligations incurred by her.
C HUSBAND'S DEBTS.
Husband represents and warrants to Wife that since February 1, 2007, he has not
and in the future will not contract or incur any debt or liability for which Wife or her estate
might be responsible and shall indemnify and save Wife harmless from any and all claims
or demands made against her by reason of debts or obligations incurred by her.
3. MUTUAL RELEASE:
Except as provided in this Agreement, each party waives his or her right to alimony
and any further distribution of property because both agree that this Agreement provides
for an equitable distribution of their marital property in accordance with the Divorce Code
of 1980. Subject to the provisions of this agreement, each party has released and
discharged, and by this Agreement does for himself or herself, and his or her heirs, legal
representatives, executors, administrators and assigns, release and discharge the other of
and from all causes of action, claims, rights or demands whatsoever in law or equity, which
either of the parties ever had or now has against the other, except any or all cause or causes
of action for divorce and except in any or all causes of action for breach of any provisions of
this Agreement. Each party also waives his or her right to request marital counseling
pursuant to 23 Pa.C.S.A. Section 3302.
Page 2 of 2
4. EQUITABLE DISTRIBUTION.
A. Contents of Wife's Residence.
Husband relinquishes his right, title, claim and interest in and to the
furniture, fixtures, goods, appliances, equipment and personal items in the
possession of Wife.
B. Contents of Husband's Residence.
Wife relinquishes her right, title, claim and interest in and to the furniture,
fixtures, goods, appliances, equipment and personal items in the possession of
Husband.
C. Motor Vehicles.
With respect to the motor vehicles owned by one or both of the parties, they
agree as follows:
(1) Husband shall retain his personal vehicle;
(2) Wife shall retain her personal vehicle.
(3) All automobile titles and insurance policies will be corrected to reflect
the ownership of each vehicle.
Each party shall enjoy exclusive possession of the vehicles as assigned. Each
party shall be solely responsible for any debts pertaining to his or her vehicle and
shall indemnify, defend and hold the other harmless from any claim with respect
thereto. All automobile titles and insurance policies will be corrected to reflect the
ownership of each vehicle.
D. Individual Retirement Accounts, Stocks, Pensions and Employment
Benefits
Each party shall retain sole ownership and control of their IRA's, Pensions
and Employment benefits.
E. Joint Bank and Charge Accounts.
All joint bank and charge accounts, credit card accounts and any other joint
accounts shall be terminated and each party shall take those steps necessary to have
the other removed as a responsible party from any such account. Wife shall retain
all of the current balances in her current savings and checking accounts. Husband
shall retain all of the current balances in his current savings and checking accounts.
Page 3 of 3
F. Property to Wife:
The parties agree that Wife shall own, possess, and enjoy free from any
claims of Husband, the property awarded to her by the terms of this Agreement.
Husband hereby quitclaims, assigns and conveys to Wife all such property together
with any insurance policies covering that property, and any escrow accounts relating
to that property. This Agreement shall constitute a sufficient bill of sale to evidence
the transfer of any and all rights in such property from Husband to Wife.
G. Property to Husband:
The parties agree that Husband shall own, possess, and enjoy free from any
claims of Wife, the property awarded to him by the terms of this Agreement. Wife
hereby quitclaims, assigns and conveys to Husband all such property together with
any insurance policies covering that property, and any escrow accounts relating to
that property. This agreement shall constitute a sufficient bill of sale to evidence the
transfer of any and all rights in such property from Wife to Husband.
H. Real Estate:
The Wife owns the property located at 22 Poplar Street, Wormleysburg,
Pennsylvania, pursuant to an Agreement of Sale dated April 14, 2004 between Wife
and John C. Fritz, Sr. (hereinafter "Property"), which has been recorded in the
Cumberland County Recorder of Deeds Office in Book 707, Page 3879. As of the
signing of this Agreement, Husband shall be responsible for making the monthly
payments to John C. Fritz, Sr. as required by the above Agreement of Sale. In
addition to the regular monthly payments required by the Agreement of Sale,
Husband shall also make monthly payments to Wife in the amount of Five Hundred
and 00/100 Dollars ($500.00) until the Property is either refinanced or sold.
Husband shall have one (1) year from the date of this Agreement to refinance
the Property at the below agreed upon value. As part of the refinance, Husband
shall satisfy Wife's obligation as provided for in the Agreement of Sale. Husband
shall also pay to Wife her portion of the equity in the Property as calculated below.
Husband and Wife agree that the value of the Property is One Hundred Thirty
Thousand and 00/100 ($130,000.00). The Husband shall receive a credit in the
amount of his monthly payments made to Wife as well as a credit of one-half the of
cost of the materials used by Husband after February 1, 2007 to remodel the
Property so long as Husband provides Wife with receipts establishing the cost of the
materials. Wife's credit for the remodeling materials to the Husband shall not
exceed Ten Thousand 00/100 Dollars ($10,000.00).
The formula to calculate the payment due to Wife as a result of the refinance
shall be as follows: Gross value of Property minus payoff to John C. Fritz equals
Equity. Take the Equity and divide it by two. One-half shall go to the Husband and
one-half to the Wife. Husband's one-half share shall then be increased by the
amount of payments made to Wife as well as one-half the documented costs for the
materials used by Husband to remodel the Property since February 1, 2007. Wife's
Page 4 of 4
one-half share shall be decreased by the amount of payments made by Husband to
Wife as provided for in this Section as well as one-half of the documented costs for
the cost of the materials used by Husband in remodeling the Property since
February 1, 2007. Said approval of the amount of the credit for the remodeling
material shall be in the sole discretion of the Wife. Upon satisfaction of the
Agreement of Sale and payment to the Wife in the amount as calculated above, Wife
shall execute a deed and any other documents necessary to extinguish and transfer
any and all legal and equitable ownership interest in the Property to Husband.
Should the Husband fail to refinance the Property within one (1) year from
the date of this Agreement or fail to make the required monthly payments as
outlined above, Wife shall have the authority to immediately take possession of the
Property, list the Property for sale with a realtor of her own choice, and have the
sole authority to decide the listing and sales price for the Property. Husband agrees
to sign the agreement of sale, if necessary. Upon the sale of the Property, Husband
agrees to execute a deed and any and all other documents necessary to transfer clear
title to the Property.
Husband will indemnify and save harmless Wife from any and all claims and
expense in connection with loss of life, personal injury and/or damage to Property arising
from or out of any occurrence upon or at the Property, or the occupancy or use by
Husband of the Property or any part thereof, by any act or omission of Husband, his
agents, contractors, and/or employees. This indemnification shall include all costs,
expenses and reasonable attorney's fees incurred or paid by Wife in connection with any
litigation. Husband shall be solely responsible for and promptly pay all charges for heat,
water, gas, electricity, or any other utility used or consumed in the Property. Husband
shall not permit any mechanical liens, judgments or other matters that encumber the title
to the Property.
Should Husband be in default of any of the terms, conditions and/or provisions of
this Section and fail to vacate the Property after ten (10) days written notice, Wife may,
in addition to any other remedies provided for in this Agreement, seek all remedies
available at law or in equity for violation of this Agreement as well as take immediate
possession of the Property. Husband shall pay Wife any and all costs and expenses
incurred as a result of his breach of the terms, conditions and/or provisions of this
Agreement, including reasonable attorney fees.
Should the Property be sold to a third party, the proceeds from the sale of the
Property shall be calculated as follows: (1) The Husband shall receive a credit in the
amount of his monthly payments to Wife to be applied against the Wife's equity as
well as a credit of one-half the of cost of the materials used to remodel the Property
since February 1, 2007 so long as Husband provides Wife with receipts establishing
the cost of materials. The credit for remodeling materials shall not exceed Ten
Thousand 00/100 Dollars ($10,000.00). (Ex. Gross value of house minus .payoff to
John C. Fritz equals Equity. Take the Equity and divide by two. One-half shall go
to the Husband and one-half to the Wife. Husband's one-half share shall then be
increased by the amount of payments made to Wife as well as one-half the
documented costs for the materials used by Husband to remodel the Property since
Page 5 of 5
February 1, 2007. Wife's one-half share shall be decreased by the amount of
payments made by Husband to Wife as provided for in this Section as well as one-
half of the documented costs for the materials used by Husband in remodeling the
real property.) Should the sale of the Property result in a shortage of proceeds,
Husband and Wife agree to each pay one-half of the shortage. No credit shall be
given to Husband for payments made to Wife for the monthly payments or for the
cost of the materials for remodeling.
1. Miscellaneous Property:
All property not specifically addressed herein shall hereafter be owned by the
party to whom the property is titled, and if untitled, the party in possession. This
Agreement shall constitute a sufficient bill of sale to evidence the transfer of any
and all rights in such property from each to the other.
J. Tax Liability:
The parties believe and agree that the division of property heretofore made
by this Agreement is a non-taxable division of property between co- owners rather
than a taxable sale or exchange of such property. Each party promises not to take
any position with respect to the adjusted basis of the property assigned to him or her
with respect to any other issue that is inconsistent with the position set forth in the
preceding sentence on his or her Federal or State income tax returns.
5. AFTER ACQUIRED PROPERTY:
Each of the parties shall hereafter own and enjoy, independently of any claim and
right of the other, all items of property, be they real, personal or mixed, tangible or
intangible, which is or has been acquired by him or her after the date of separation, with
full power in him or her to dispose of the same as fully and effectively, in all respects and
for all purposes, as though he or she were unmarried.
6. LIFE INSURANCE:
Each party shall continue to own any life insurance policies currently in effect,
without restriction as to the designation of beneficiaries.
7. ALIMONY:
Alimony and Spousal support are waived by both Husband and Wife.
8. HEALTH INSURANCE:
Both Husband and Wife have obtained individual health insurance as of the date of
this agreement. Neither party shall be required to provide health insurance to the other
person.
Page 6 of 6
9. ALIMONY PENDENTE LITE, COUNSEL FEES AN EXPENSES:
Husband and Wife acknowledge and agree that the provisions of this Agreement
providing for the equitable distribution of marital property of the parties are fair, adequate
and satisfactory to them. Both parties agree to accept the provisions set forth in this
Agreement in lieu of and in full and final settlement and satisfaction of all claims and
demands that either may now or hereafter have against the other for alimony pendente lite,
counsel fees or expenses or any other provision for their support and maintenance before
during and after the commencement of the proceedings for divorce or annulment between
the parties.
10. INCOME TAX RETURNS:
The parties have heretofore filed joint federal and state tax returns. Both parties
agree that in the event any deficiency in federal, state or local income tax is proposed, or
any assessment of any such tax is made against either of them, each will indemnify and
hold harmless the other from and against any loss or liability for any such tax deficiency or
assessment and any loss or liability for any such tax deficiency or assessment and any
interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty
or expense shall be paid solely and entirely by the individual who is finally determined to
be responsible for the actions, misrepresentations or failures to disclose separate income
resulting in tax liability. The parties shall file separately for 2007 and thereafter.
11. WAIVERS OF CLAIMS AGAINST ESTATES:
Except as herein otherwise provided each party may dispose of his or her property in
any way, and each party hereby waives and relinquishes any and all rights he or she may
now have or hereafter acquire, under the present or future laws of any jurisdiction, to share
in the property or the estate of the other as a result of the marital relationship, including
without limitation, dower, curtsey, statutory allowance, widow's allowance, right to take
intestacy, right to take against the will Of the other, and right to act as administrator or
executor of the other's estate. Each will, at the request of the other, execute, acknowledge
and deliver any and all instruments which may be necessary or advisable to carry into
effect this mutual waiver and relinquishment of all such interests, rights and claims and
both parties will revoke prior wills or testamentary documents.
12. AGREEMENT NOT PREDICATED ON DIVORCE:
It is specifically understood and agreed by and between the parties hereto and each
of the said parties does hereby warrant and represent to the other, that the execution and
delivery of this Agreement is not predicated upon nor made subject to any agreement for
institution, prosecution, defense, or for the non-prosecution or non-defense of any action for
divorce; provided, however; that nothing contained in this Agreement shall prevent or
preclude either of the parties hereto from commencing, instituting or prosecuting an action
or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor
to prevent either party from defending any such action which has been" mayor shall be
instituted by the other party, or from making any just or proper defense thereto. If is
warranted, covenanted and represented by Husband and Wife, each to the other, that this
Agreement is lawful and enforceable and this warranty, covenant and representation is
Page 7 of 7
made for the specific purpose of inducing Husband and Wife to execute this Agreement.
Husband and Wife each knowingly and understandingly hereby waives any and all possible
claims that this agreement is, for any reason illegal or for any reason whatsoever,
unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant and
agree that, in any possible event, he and she are and shall forever be estopped from
asserting any illegality or unenforceability as to all or any part of this Agreement.
13. SUBSEQUENT DIVORCE:
Both parties agree to pursue a no-fault divorce under Section 3301 (c) and/or (d) of
the Pennsylvania Divorce Code. Simultaneously with the execution of this Agreement or as
soon hereafter as permitted by applicable law, both parties will execute Affidavits of
Consents and Waivers of Notice to enable counsel to proceed with a no-fault divorce as soon
as possible. The parties further agree that each of them shall be responsible for their own
attorney's fees. The parties shall be bound by the terms of this agreement, which shall be
incorporated by reference into the Divorce Decree, shall not be merged in such Decree, but
shall in all respects survive the same and be further binding as an enforceable contract,
conclusive upon the parties.
14. BREACH AND ENFORCEMENT:
If either party breaches any provision of this Agreement, the other party shall have
the right at his or her election, to sue for damages for such breach, or seek such other
remedies or relief as may be responsible for payment of legal fees and costs incurred by the
other in enforcing his or her rights under this Agreement. Reasonable interest shall be
assessed from the date of breach.
A. This Agreement may be specifically enforced by either Husband or Wife in
Equity including specific performance, and the parties hereto agree that if an action
to enforce this Agreement is brought in Equity by either party, the other party will
make no objection on the alleged ground of lack of jurisdiction of said Court on the
ground that there is an adequate remedy at law. The parties do not intend or
purport hereby to improperly confer jurisdiction on a Court in Equity by this
Agreement, but they agree as provided herein for the forum of equity in mutual
recognition of the present state of the law, and in recognition of the general
jurisdiction of Courts in Equity over agreement such as this one.
B. Notwithstanding anything to the contrary herein, Husband and Wife may
also proceed with an action at law for redress of his or her rights under the terms of
this Agreement, and in such event it is specifically understood and agreed that for
and in specific consideration of the other provisions and covenants of this
Agreement, each shall waive any right to a jury trial so as to expedite the hearing
and disposition of such case and so as to avoid undue delay.
C. Each party further hereby agrees to pay and to save and hold harmless the
other party from any and all attorney's fees and costs of litigation that either may
sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or
in terms or provisions of this Agreement by reason of any of the terms or provisions
of this Agreement by reason of which either party shall be obliged to retain or
Page 8 of 8
engage counsel to initiate or maintain or defend proceedings against the other at law
or equity or both in any way whatsoever, provided that the party who seeks to
recover such attorney's fees, and costs of litigation must first be successful in whole
or in part, before there would be any liability for attorney's fees and costs of
litigation. It is the specific agreement and intent of the parties that a breaching or
wrongdoing party shall bear the burden and obligation of any and all costs and
expenses and counsel fees incurred by himself or herself as well as the other party in
endeavoring to protect and enforce his or her rights under this Agreement.
15. MISCELLANOUS:
A. Each of the parties shall from time to time, at the request of the other,
execute, acknowledge and deliver to the other party any and all further instruments
that may be reasonably required to give full force and effect to the provisions of this
Agreement.
B. This Agreement contains the entire understanding of the parties and there
are no representations, warranties, covenants or undertakings other than those
expressly set forth herein. Husband and Wife acknowledge and agree that the
provisions of this Agreement with respect to the distribution and divisions of marital
and separate property are fair, equitable and satisfactory to them based on the
length of their marriage and other relevant factors that have been taken into
consideration by the parties. Both parties hereby accept the provisions of this
Agreement with respect to the division of property in lieu of and in full and final
settlement and satisfaction of all claims and demands that they may now have or
hereafter have against the other for equitable distribution of their property by any
court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 et.al or any
other laws. Husband and Wife each voluntarily and intelligently waive and
relinquish any right to seek a court ordered determination and distribution of
marital property, but nothing herein contained shall constitute a waiver by either
party of any rights to seek the relief of any court for the purpose of enforcing the
provisions of this Agreement. Husband and Wife represent and warrant to the other
that he or she has made a full and complete disclosure to the other of all assets of
any nature whatsoever in which either party has an interest, the sources and
amount of income of such party of every type whatsoever and of all other relevant
and material facts relating to the subject matter of this Agreement.
C. A modification or waiver of any of the provisions of this Agreement shall be
effective only if made in writing and executed with the same formality as this Agreement.
The failure of either party to insist upon strict performance on any of the provisions of
this Agreement shall not be construed as a waiver of any subsequent default of the same
or similar nature.
D. For purposes of contract interpretation and for the purpose of resolving any
ambiguity herein, Husband and wife agree that they prepared this Agreement jointly.
E. This Agreement may not be assigned by either party without the prior written
consent of the other party.
Page 9 of 9
F. This Agreement may be executed in multiple counterparts, each of which shall be
deemed to be an original for all purposes, and all of which together shall constitute one
and the same instrument.
G. It is understood and agreed that any and all property settlement agreements
which may or have been executed prior to the date and time of this Agreement are
null and void and have no effect.
H. The descriptive headings used herein are for convenience only. They have no
effect whatsoever in determining the rights or obligations of the parties.
1. It is specifically understood and agreed by and between the parties hereto
that each paragraph hereof shall be deemed to be a separate and independent
covenant and agreement.
J. This Agreement shall be construed under the laws of the Commonwealth of
Pennsylvania.
K. If any term, condition, clause or provision of this Agreement shall be
determined or declared to be void or invalid in law or otherwise then only that term,
condition, clause or provision shall be stricken from this Agreement and in all other
respects this Agreement shall be valid and continue in full force, effect and
operation.
L. This Agreement shall be binding and shall inure to the benefit of the parties hereto
and their respective heirs, executors, administrators, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals
the day and year first above written.
WITNESS:
ichael S. Smetana
1-4 A 4ML?
J sica L. Smetana
Page 10 of 10
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND : ss
BEFORE ME, the undersigned authority, on this. day of kakl, 2007,
personally appeared Michael S. Smetana, known to me to be the person who executed the
foregoing instrument, and who acknowledged to me that he executed same for the purposes
and considerations therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of
NN 2007.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Jennifer N. Grove, Notary Public
Silver Spring Twp., Cumberland County
My Commission Expires Jan. 28, 2008 otary Pu in and for the
Member, Penmvy v:a.nia Association of Notaries Commonwea th of Pennsylvania
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND : ss
BEFORE ME, the undersigned authority, on this day of 2007,
personally appeared Jessica L. Smetana, known to me to be the person who executed the
foregoing instrument, and who acknowledged to me that he executed same for the purposes
and considerations therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS v? u day of
?, 2007.
COMMONWENOTARIAL ALTIJ O SEAL - V??
DWIE A. NEB. Notary Public
BM Of O?eviand County Notary Public in and for the
it, bijis Nov 24, 2009 Commonwealth of Pennsylvania
Page 11 of 11
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JESSICA L. SMETANA,
Plaintiff
VS.
MICHAEL S. SMETANA,
Defendant
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2007-6651
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 §3301(c)(1) of the Divorce Code.
2. Date and manner of service of Complaint:
Served upon Defendant: Personal services, on November 9, 2007. Affidavit
of Service filed on November 16, 2007.
3. Complete either paragraph (a) or (b):
(a) Date of execution of Plaintiffs and Defendant's Affidavits of Consent
required by Section 3301(c) of the Divorce Code and Waiver of Notice of
Intention to Request Entry of a Divorce Decree under Section 3301(c) of the
Divorce Code, pursuant to Pa.R.C.P. 1920.42(e)(1):
Plaintiff- 4/28/08
Defendant - 4/23/2008
(b)(1) Date of execution of Plaintiffs affidavit required by Section 3301(d) of the
Divorce Code: N/A; (2) Date of filing and service of Plaintiffs affidavit upon
the respondent: N/A.
4. Complete the appropriate paragraphs:
(a) Related claims pending: None.
5. (Complete either (a) or (b).)
(a) Date and manner of service of the notice of intention to file praecipe a copy of
which is attached: N/A
(b) Date Plaintiff s Waiver of Notice was filed with the Prothonotary: 5&08
(c) Date Defendant's Waiver of Notice was filed with the Prothonotary: 5/2/08
Lavery, Faherty, Young & Patterson, P.C.
C- " Z
Date E. ph God y, Esquire
I.D. No. 7X52
225 Mar et Street, Suite 3
PO Box
Harrisburg, PA 17108-1245
(717) 233-6633
Attorneys for Plaintiff
l
CERTIFICATE OF SERVICE
AND N Y
OW, this ?_ lay of 200E I, E. Ralph Godfrey, Esquire,
attorneys for Plaintiff, 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
Carlisle, Pennsylvania, addressed to:
By:
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
JESSICA L. SMETANA
NO.
VERSUS
MICHAEL S. SMETANA
Defendant
DECREE IN
DIVORCE
07 - 6651
AND NOW, In7Q?, /3' Za°8 , IT IS ORDERED AND
JESSICA L. SMETANA
DECREED THAT
MICHAEL S. SMETANA
AND
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
, PLAINTIFF,
,DEFENDANT,
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. The Property Settlement Agreement is incorporated
with but not merged into this pecrc?p in Diyor P
E
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a
JESSICA L. SMETANA,
Plaintiff
VS.
MICHAEL S. SMETANA,
Defendant
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2007-6651
CIVIL ACTION -LAW
IN DIVORCE
NOTICE OF ELECTION TO RETAKE MAIDEN NAME
Notice is hereby given that the Plaintiff in the above matter, having been granted a final
Decree of Divorce on the day of 2008 hereby elects to retake
and hereafter use her maiden name of Jessica Lynn Fritz, and gives this written notice avowing
her intention in accordance with the provisions of 54 Pa. C. S. A. §704.
Signature of Petitioner
To Be Known
Signature-Elected Name
sTe55tGGt Lynn PK l 1 Z
Document #: 179023.1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
On the I4?/gay of 2008, before me, a Notary Public, personally
appeared Jessica Lynn Jean Smetana, to be known hereafter as Jessica Lynn Fritz, known to me
to be the person whose name is subscribed to the with document and acknowledged that she
executed the foregoing for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Cathleen A. Kohr, Notary Public
City of Harrisburg, Dauphin County
My Commission Expires March 11, 2012
Member, Pennsylvania Assodatlon of Notaries
Document #: 179023.1