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HomeMy WebLinkAbout04-0599 Marie Barr Schubert, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04-599 Daniel Lee Schubert Defendant CIVIL ACTION - LA W IN DIVORCE NOTICE 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 judgement 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 divorce is indignities or irretrievable breakdown ofthe marriage, you may request marriage counselling. A list of marriage counselors is available at: The Office of the Prothonotary, Dauphin County Courthouse, Front and Market Streets, Harrisburg, Pennsylvania 17101. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD lONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 MEYERS, DESFOR, SALTZGIVEA & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HAHRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 Marie Barr Schubert, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04-599 Daniel Lee Schubert Defendant CIVIL ACTION - LAW IN DIVORCE NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas clemandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion do demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE EST A DEMANDA A UN ABOGADO 1M MEDIA T AMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICTENTE DE PAGAR TAL SERVICIO, V A Y A EN PERSONA 0 LLAME paR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABA10 PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3166 MEYERS, OESFOR, SAlTZGIVEA & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-28'17 I Marie Barr Schubert, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04-599 Daniel Lee Schubert Defendant CIVIL ACTION - LAW IN DIVORCE AMENDED COMPLAINT UNDER SECTION 330J(C) OR 3301(0) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Marie Bar Schubert, by and through her attorneys, Meyers, Desfor, SaItzgiver & Boyle and files the following Amended Complaint Under Section 3301(c) or 3301(d) of the Divorce Code and in support thereof avers as follows: Paragraphs one through ten and Count II of the Complaint in Divorce filed on February I I, 2004 are incorporated by reference as if fully set forth herein. COUNT III EOUlTABLE DISTRIBUTION I I. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under the Divorce Code. 12. Plaintiff requests that this Honorable Court equitably distribute all marital property pursuant to the Divorce Code. MEYERS, DESFOR, SAL TZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HAI,RISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 WHEREFORE, Plaintiff, Marie Barr Schubert, respectfully requests this Honorable Court equitably distribute all property, both real and personal, tangible and intangible, acquired by the parties during their marriage. Respectfully submitted 7J MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET. P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 VERIFICATION I, Marie B. Schub~rt , verify that the statements made in this Amended Complaint Under Section 330l(c) Or 330l(d) of the Divorce Code are true and correct to the bes of my knowledge, information and belief. I understand that fals statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: Cj-cJ3 -oy y(;1 ( X) Plaintiff ) Defendant MEYERS, OESFOR, SALTZGIVER & EIOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 t{ [:) i9. '-.J 1- C> - \) ..., "- -rJ 0' 0 ~ ~ "'" vt := "'" f :- ~::n tI1 :::t> -r:: I~l'~:; (/") ,-\4(,"1 r" CI) -0 1J~ -..2 J ~ Z",L' '-.1' ,. ", :06 -<: ch')'. ..... 0 r~i (~:. --~= ~ :..--\1 r l:~12 (). C) ~-='Cj ~~~ rn )>c:: - 0 2"" .. .,. :2 (...) ~:n (.oJ ~< Marie Barr Schubert, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04-599 Daniel Lee Schubert Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Please enter my appearance as attorney on behalf of the Plaintiff in the above-captioned action. Laurie A. SaltzglVer, Esquire Attorney LD. 61382 4 I 0 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 MEYERS, DESFORt SALTZGIVEA & BOVLE 410 NORTH SECOND STREET. P.O. BOX 1062 . HAHAISBURG, PA 17108 (717) 236-9428 . FAX (717) 236.281;> Marie Barr Schubert, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Ys. NO. 04-599 Daniel Lee Schubert Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE ~ ~ . I hereby certifY on this d 3 day of ~_, 2004, that a copy of the foregoing Praecipe to Enter Appearance was mailed, first-class, postage pre-paid to: Daniel Lee Schubel1 4 18 7th Street New Cumberland, PAl 7070 MEYERS, OESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET. P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236+2B17 , (") c ... < ""t'f5.:~ [!'j'1", ,"'~'1~ ~;5:.~' ;:S( ~W"' ')-:;c zc' J>c: ~ ...., <::> = .z:- (/) 1"T1 -0 N -.l o .,., ::-< ffi IJ .,.,Fn 5Y -i!o ~ -'j :~-- '"f~ qd -('~:m C..J --l " 5:i -< "'" ::x (.,) w ~, IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND Daniel Lee Schubert, Defendant 418 7th Street New Cumberland, Pennsylvania17070 20246-6009 9 9 9 9 9 9 9 9 9 CIVIL ACTION - LAW Marie Barr Schubert, Plaintiff 806 Carol Circle New Cumberland, Pennsylvania 17070 19648-4087 o LI srl? ('" i / TERM CASE NO. IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court for divorce. 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( "1'1 ) 691-031/ IN THE COURT OF COMMON PLEAS OF THE mDlCIAL DISTRICT OF CUMBERLAND COUNTY PENNSYLVANIA Marie Barr Schubert, Plaintiff 806 Carol Circle New Cwnberland, Pennsylvania 17070 196-48-4087 DwnelLee Schubert, Defundant 418 7th Street S New Cumberland, Pennsylvania 17070 202-46-6009 s s s s s s s s CIVIL ACTION - LAW 0'1-.59'1 (l~ TERM CASE NO. IN DIVORCE COMPLAINT UNDRR SECTION 3301(c) or 3301(d) OF THE DIVORCE CODR 1. Plaintiff is Marie Barr Schubert who resides at: 806 Carol Circle, New Cwnberland, Pennsylvania, 17070. 2. Defendant is Dwnel Lee Schubert who resides at: 418 7th Street, New Cumberland, Pennsylvania, 17070. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to commencement of this action. 4. Plaintiff married Defendant on August 2, 1980, at New Cwnberland, Cwnberland County, Pennsylvania. Amached hereto and marked as Exhibit "B" is the certificate of marriage evidencing such marriage. 5. Neither Planitiffnor 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. 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. Plaintiffhas 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 Karl Franz Schubert Birthdate July 20, 1985 Age 18 WHEREFORE, ifboth parties file affidavits consenting to a divorce after 90 days have elapsed from 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 31 04(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, a copy of which is attached hereto and incorporated by this reference the same as if fully set forth at length, and their agreement is in the best interest of the child(ren). 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. i'r&u~~ Marie Barr Schubert 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: 4/10/0'-/ ~.!~~ Marie Barr Schubert, Pro Per IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND Marie Barr Schubert, Plaintiff 806 Carol Circle New Cumberland, Pennsylvania 17070 196-48-4087 Daniel Lee Schubert, Defendant 418 7th Street New Cumberland, Pennsylvania17070 202-46-6009 ~ ~ ~ ~ ~ ~ ~ ~ ~ CIVIL ACTION - LAW OLl- 56ff &:J CASE NO. TERM IN DIVORCE COUNSELING NOTICE RULE 1920,45(a)'(1) 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 Cc) Irretrievable breakdown Mutual Consent Section 3301 Cd) 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. TelephoneC,I'7 ) 6Q'-037( IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND Marie Barr Schubert, Plaintiff 9 CIVIL ACTION - LAW 806 Carol Circle 9 New Cumberland, Pennsylvania 17070 9 196-48-4087 9 9 9 9 9 9 0'1- 51? ~ CASE NO. TERM Daniel Lee Schubert, Defendant 418 7th Street New Cumberland, Pennsylvania17070 202-46-6009 IN DIVORCE AFFIDAVIT OF NON-MILITARY SERVICE Marie Barr Schubert, being duly sworn according to Law, deposes and says that Plaintiff knows by Plaintiff's own personal knowledge and therefore avers that the defendant, Daniel Lee Schubert, is 47 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 self employed. Date: d/ 10 {OL-/ '1n{)Ju.p~ j~Y Marie Barr Schubert, Plaintiff Sworn to and subscribed before me this the ~y of ~Al. c2noy . C}r J.dy xl xbcU;w {I , (/ Notary Public NOTARIAL SEAL Judy S. Grdjan. Notary Public Lemoyne Borough, County of Cumberland My Commission Expires Jun. 7. 2004 (, :7 .;::, ~ r --..:s- c -- -l...l .~ G:0 '<~...... -' >-':0 ~. (_/ /'-~."') r-.I 7 --- ---0 c:: ~ Dl ~C\:,: o C' ....' ,= c:~ ..- -Tl rc", OJ , z ~ .~ '~ -' " C, -n ::;:i _',,"'""T"" :~6 -:),--j ~~3c.) ~-r", ~~: , -: ,.' - . ~ ~.::: ;.. i'l ,-~'l ~rr; ~c !'.' I"" ..,- Marie Barr Schubert, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04-599 Daniel Lee Schubert Defendant CIVIL ACTION - LAW IN DIVORCE PROOF OF SERVICE OF AMENDED COMPLAINT IN DIVORCE . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. ,. Article Addressed to: DAgon! D- O Ves dCNO Daniel Schubert 418 7th Street New Cumberland, PA 17070 3. Service Type ~ertified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. ReoIriclod Dollve<y? iE><Inl Foe) ~YelI 2. Article Number (Transfer from service label) PS Form 3811, M8I'Ch 2001 7001 0320 0002 7583 287~ Domestic Return Receipt 102595-01~"jz.. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236.9428 . FAX (717) 236-2817 Marie Barr Schubert, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04-599 Daniel Lee Schubert Defendant CIVIL ACTION- LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this 1" day of October, 2004, that a copy ofthe foregoing Proof of Service of Amended Complaint in Divorce was mailed, first-class, postage pre-paid to: Daniel Schubert 418 7th Street New Cumberland, P A 17070 \, ,\, r ~ tzi Attorney for lai MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX ':717) 236-2817 i+ ~ OJ is 3Fil j;;{ ~ ~ ..... (,. ~,' C''', c"::;, _c;_ C':l ~') C) -r'1 y f"'1'i:::r-1 /._~, -,:}rn ....1' -:3 \.) , .J.- , c.,,) "~;r'i;~ji Marie Barr Schubert, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 04-599 Daniel Lee Schubert Defendant CIVIL ACTION - LAW IN DIVORCE INVENTORY OF MARIE SCHUBERT MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 " HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 - t M .coO =00--- -=N~ c.l ___ --- 00000\ ~ 0) i:: .... Oil 0 :: f.\l ...... .." ...... ti:i ~ ~ ~ 'a ~ fr ,,'0 ~ .sO)O = ti:i 0) ~Clti:i 6 Cl ~ = Q .... - .... <IJ .... = 0" c.l < ..... Q ~ - ~. ~ = ~ ;.:s ~ = - ~ > ,C '" ~ C. Q '" ~ o o o o o~ ...... tr) fA o o o o o o~ M ...... fA ~ a... '"O~ @ - ...... I-< 0) 0) 0)..0 .ti 8 rfl ~ U ~ 0) Z ..c f-.. 00 - ..;- ..;- 0\ --- 00 o o M M - 0\ M fA o o o o o tr) 00 fA 0) ~ ~ 0) >~ ~a... I-< 0) ~ - 0) cg ~ co 0 01 8 ..;- 0) \Do-l o o 00 M ..;-~ - tr) fA o o o o o o~ 01 - fA o o o o tr) r-- tr) fA ~~~~ on iZi on ~ 8 ~ Zil-il \D...... f.\l...... _ ~ co l:: N::r::~::c 'E M o o r-- 01 O\~ o ..;- fA o o o o o o o - fA """;""";+-i rflrflrfl ..c ..c ..c ~ ~ r"l - -- rflrflrfl 0\ - M -0101 01 01 01 ~ p... oil ~ ,.D r/J .~ ::r:: tr) 0\ --- r-- 0\ \D \D ..;- 00 00 fA o o o o o~ tr) \D fA ...... 0) 0) I-< ...... rfl ..c 01 - Z ..;- tr) o o o o tr) ..;-~ fA ,-, ~ '-" ...... ~ 0) 8 .~ ...... 0) ~ rfl ~ r.r.:l rfl p... 0) o I-< 0) 8 8 o u I ~ ;:::l o o o ~ r/J'-' Oil!::;, .S ~ ~ f.\l rflCO ~ rfl ..;- 0\ 0\ - I-< 0) Oil @ ~ '"0 I-< o ~ o o o 01 '"0 ~ c.8 0) I-< ~ t-< 0) 8 o o ~ ....... M o o 01 " Cd ...... o f-< o C? o o or:.. r- rrl ~ <Zl (!) ~ f-< (!) ti:l ...... <Zl ~ Cd (!) <Zl ~ ...... .D rrl (!) 0 Cl 0 0l VERIFICATION I, Marie Schubert , verify that the statements made in this Inventory are true and correct to the bes of my knowledge, information and belief. I understand that fals statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 11/16/04 'L ( X) Plaintiff Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 " HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 ',~ ,') (,-- ,.......,.;) (',-:'':''1 ~,,:', .# J:"- \.- -"".- \.D C1 -\'1 .-\ ii ~ :T.} I -'1""1 rr"t , ',:;.1 (') -'1 ':~.:\ ,- (:r~ "\ r,) '.. (,,) U) , .<,:, ... Marie Barr Schubert, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04-599 Daniel Lee Schubert Defendant CIVIL ACTION - LAW IN DIVORCE INCOME & EXPENSE STATEMENT OF MARIE BARR SCHUBERT Submitted by: Laurie A. Saltzgiver, Esquire Meyers, Desfor, Saltzgiver & Boyle Date: November 15,2004 Full Name of Client: Marie B. Schubert Age: 48 Present Address of Client: 75R Autumn Lane Enola, P A 17025 Telephone Number: 856-1203 Home 938-2621 Work Name of Employer: West Shore School District Employer's Address: 507 Fishing Creek Road Lewisberry, PA 17339-9411 Length of Service with this Employer: Beginning 9 years MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 " HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 226-2817 " Pay period (weekly, bi-weekly, etc.) See attached W-2 INCOME ANNUAL FIGURES PAY PER PERIOD Gross Pay: $ $ Deductions: Federal: F.I.C.A.: State Income Tax: Local Income Tax: Hospital/Medical Insurance: Life Insurance: Pension/Profit Sharing: Credit Union: Savings Bonds: Other: (Specify) TOTAL DEDUCTIONS: $ NET PAY PER PERIOD: $ MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O, BOX 1062 " HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 OTHER INCOME: (Fill in appropriate column) WEEKL 1{ MONTHLY Interest: Dividends: Pension: Annuity: Social Security: Rents: Royalties: Expense Account: Gifts: Unemployment Compensation: Worker's Compensation: Other: (Specify) TOTAL OTHER INCOME: $ $ TOTAL NET INCOME: $ $ TOTAL NET & OTHER INCOME: $ $ MEYERS, DES FOR, SALTZGIVER il< BOYLE 410 NORTH SECOND STREET . P,O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 YEARLY $ $ $ EXPENSES: MONTHLY YEARLY Home: Mortgage/rent 600.00 7,200.00 Condominium fees Maintenance Vacation home/cabin Timeshare Repairs/maintenance Utilities: Electric 100.00 1,200.00 Gas Oil Water Sewer Trash Telephone Cellular telephone 90.00 1,080.00 Internet 40.00 480.00 Security alarm Employment: Public Transportation Lunch 15.00 180,00 Parking, Taxes: Real Estate Personal Property Income: Federal State Local OPT .17 2.00 Automo bile/boats/motorcycles/ airplanes: Payments Fuel 83.33 1,000.00 Inspection 2.08 25.00 Repairs/maintenance 225.00 2,700.00 Licensing & Registration 5.00 60.00 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P,O, BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 EXPENSES: MONTHL Y YEARLY Insurance: Homeowners Renter's Automobile 80.00 960.00 Life Accident Disability Umbrella Health: Medical Dental Optical Medical & Dental: Doctors 8,33 100.00 Dentists 8.33 100.00 Orthodontist Hospital Medicine 10.00 120.00 Special needs 8.33 100.00 (glasses, braces, etc.) Psychologist/Therapist Education: Private School Parochial School College College Savings Plan Religious School supplies 8.33 100.00 Field Trips Tutoring Extra-curricular Activities: Music 8.33 100.00 Dance 8.33 100.00 Personal: Clothing 16.67 200.00 Work Uniforms School Uniforms Sports clothing Costumes Food 275.00 3,300.00 Barber/Hairdresser 16.67 200.00 MEYERS, DESFOR, SALTZGIVER I~ BOYLE 410 NORTH SECOND STREET . P,O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 2313-2817 EXPENSES: MONTHL Y YEARLY Credit Payments: Credit Cards Charge Accounts Other (Specify) 100.00 1,200.00 Memberships: Clubs Gym Country Club Loans: Credit Union Other - School 120.00 1,440.00 Child care: Day care After/Before school care Summer care Camp Sporadic baby sitting Household Help: Cleaning Snow removal Lawn care Landscaping Pool Maintenance Kennel Entertainment: Events 6.25 75.00 Movies Dining out 100.00 1,200.00 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 2:36-2817 " EXPENSES: MONTHL Y YEARLY Other Child Support: Obligation/order or agreement Miscellaneous expenses College expenses/room & board Gifts: Holidays 50.00 600.00 Child(ren)'s birthday(s) 16.67 200,00 Child(ren)'s birthday party gifts Wedding Baby shower gifts Bar/Bat Mitzvah Charitable Contributions Church/tithe Individual charities 2.92 35.00 Support of non-dependent family Vacations: Travel Lodging 25.00 300.00 Meals 8.33 100.00 Fees Expenses Souvenirs Legal expenses: Attorneys fees 416.67 5,000.00 Experts Accountants MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 .' EXPENSES: MONTHL Y YEARLY Other Expenses: Dry cleaning Pet expenses postage Allowances Home repairs/plumbing/electric/etc. Furniture replacement Sports expenses/ equipment!fees/ coaches/travel savings/retirement! college/miscellaneous News papers/books/magazines Alimony/other support or payments 4.17 50.00 1.25 15.00 458.33 5,500.00 450.00 2.08 5,400.00 25.00 TOT AL EXPENSES: $3,370.57 $40,447.00 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P,O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 2<16-2817 a Control number -, ~4i.'~ b Employer identification number ~ :: - L.j 71 7 ~0 :. c Employer's name, address, and ZIP code h~ST ~HQ?~ SCHeel ~!5T~Icr .~~7 FIS~I~JG CQ~EK ~~A~ :'f :'~. sx .~<l:'::; ,', ~- ft ~:; it:,; b;: r~ L ;,.f1L' PA l7 J 7rj-:../r:,' d Employee's social security number ~ ':'..~-.-4 8-LG'?7 e Employee's name, address, and ZIP code JA~:~ ~ :CHU~~RT .'! 1 B 7T~ 5T ~- ~. r '21.JW',c;:{LAW: 17(17;: p~ 15 State Employer's state 10 number 16 State wages, tips, etc. ..~~ ~:.l_.___ .~_~_~_:_~~~:_~_ _______ ____ _._ _.__._ _ _~ _~ ~~_ ~_~_~_~. W 2 Wage and Tax Form - Statement Copy B To Be AIed wtth Employee's FEDERAL Tax Return. This information is being furnished to the Internal Revenue Service, Visit the IRS Web Site at www.irs.gov. Wages, tipS, other compensation 4;: 1.jc . .~~ -'~, Safe, acoorate, .I~ FAsn Use ~ 2 Federal income tax withheld OMS No. 1545-0008 3 Social &~urity wages ~j64C...;i :3 5 Medicare wages and tips 4-:3 t~ ~.:. . ? i;. 7 Social s,ecurity tips 9 Advance EIC payment 11 Nonqualified plans 13 =z. =rty 14 Other ::l-::.t~~ 33(;3.77. ;lA UC S.7':'" 17 State income tax 1?ZJ..r.J4 18 'Local wages, tips, etc. ':;'3G4~'.,2f 2003 ).1...L 1. II> .~. 4 Social security tax withheld .2 7 ~ :3 . .::' 6 Medicare tax withheld ~) ~j .-:' .. .. 8 Allocated tips 10 Dependent care benefits 128 See instructions for box 12 c D . . 12b c D d . 12c c D ~ 19 Local income tax 20 LocaIi1y name ~3?.J:: t~Ct:"'\';:. Department 01 the Tl&8sury-lnlemal Revenue Service " VERIFICATI01;f I, Marie Schubert , verify that the statements made in this Income and Expense Statement are true and correct to the bes of my knowledge, information and belief. I understand that fals statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. 11/16/04 fJ Dated: (x Plaintiff Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 2:36-2817 r") /"" c"_:..; c~'") ~'\ '-.,~ -" ::;-1 ri': :n , .. -ell'l t ; ~ ~: ;~r) ( ~,',~ ~r .1 t '~ " r ri C;, "4() -., r', ) (,) V..l < , LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney J.D. No. 71873 1017 North Front Street Harrisburg, P A 17102 Telephone No. (717) 232-9724 Attorney for Defendant, Daniel Lee Schubert MARIE BARR SCHUBERT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA VS. NO. 04-599 DANIEL LEE SCHUBERT, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please enter the appearance of Diane M. Dils, Esquire, Dils and Dils, as attorneys for the Defendant, Daniel Lee Schubert, in the above-captioned divorce action. Respectfully submitted, iane M. Dils, Esquire 1017 North Front Street Harrisburg, P A 17102 (717) 232-9724 I.D. No. 71873 DATE: December 8, 2004 r-...') (=',1 (") 0::::) C:::. (;:;) ""11 ~ c" ..r" I'll --n L'~) (~3 ," . -; -" : ) ;0- - " . ,,- ~" , C":' -"<~ G'~) --o::l Marie Barr Schubert, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO, 04-599 Daniel Lee Schubert Defendant CIVIL ACTION - LAW IN DIVORCE AMENDED INVENTORY OF MARIE SCHUBERT MEYERS, DESFOA, SALTZGIVEA & flOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 t: .. ,.Q ;; .c '" <") oooe .~ ~ 0 ... ~ ~ "00'" ~ ., i:: ... Oil 0 Q Clj ...... .- t;1 t' ~ ~ 2;::s fr =....... <Zl ~ 0 l..H = ., 0 -"""" ~ IJ.) ~Q(ij ~ 0 = .. e ~ = .S ... .~ '" .~ ;; e:' '" ~ ... <= .. ... .. ~ = .. :i .. ;; - .. ~ c .. .. Q. <= .. =-- o o <") '" <") o on .... o o o o o ..0 .... ~ .... .0:: p.. -0. ~ ... .... ., ., 1:J~ r/J @ U ~ ., z ~ l'- 00 ~ .... <") --.. - " >> ., t: ~ & ..c:: 0 '" .... ., 0- .~ :E 0,'" IJ.) .S ..c::... f-< '" .... ~ ",E 00 .5 o o N '0 00 '0. <") .... o o o o o or) 00 "" ., ;; = ., >.0:: .o::p.. .... ., . _ ., ~ !2. ~ 0 N S .... ., 'O....J ~ o ~ <") <") <"). 00 N "" ~ N 00 - o "". on .... "" o o o o o o '" "" o o o o o 00. N "" ,.;-:X:,,-:X: r/JA..~A.. .... . ::p<Zl ~ :i.ES~ .~ ";j.;a ;Si::~~ - "0" N::c....::c " "" o o 0; '0 '0 ..0 "" "" o o o o "', "" r-- "" ...... ~...... r/J r/J r/J ~ ~ ~ ";'1MC:"l - -- <Zi<Zi '" - - N N N <C p.. oJj .... ;; ..0 r/J '" r'l .~ ~::c on '" --.. r-- o ~ ~ 00 on ,...: V; o ~ o o "'. 00 N .;A ''v 'I) :'-< .~ r:/) ~ <,,, -. 4~ "r en o o o <"" r-- '0' .... "" ~ ~ ~ i:i ., S .~ ... ., r:r. r/l r:r. W r/l A.. r-- '0 - '" - '" "" ~ ~ ::J U W r/l A.. . g o u u ~ '" Oil C .~ r/l o o o o ..... ~ "" o ~ o '-0 0), <") .... ~ r/l .... '" '" - .... ., Oil ~ -0 .... o >J.. o o o N <d "0 \:-' $ - ~ '" 6 ,~ 6 .... g:, ~ o o 6 o "'. r--- <<'\ fA l!l {$ p "' ~ \:-' <l) ~ \f1 <d ;2. <<'\ o o N VERIFICATION I, l!la1l'amtl3chubert , verify that the statements made in this Invenrory of Mrtrip ~("!hllhprt- are true and correct to the bes of my knowledge, information and belief. I understand that fals statements herein are made subject to the penalties of 18 Pa. c.s. Section 4904, relating to unsworn falsification to authorities. Dated: ~ 'in X) Plaintiff Defendant II I I ,I II I, II II I, MEYERS, DESFOR, SALTZGIVER &'. BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 ~} -,.;. () ,:= ....., = ,= ~ l:f: -< I"T! ;.~~ ,-)(~ -:::."c. :"r~ "T', ~j~ """. ::~ '~ '- c::: f~- .;:- ;0. -,~ -- !'., MARIE BARR SCHUBERT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs, No. 2004-599 Civil Term DANIEL LEE SCHUBERT, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 11,2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in 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 made herein are made subject to the penalties of 18 Pa. C.S. S4904, relating to unsworn fa nt Date~~'/~ oPM5 !""-.-' C~:;> ,::;;, .::C..n o -."1 '..> 1'-:> en c..n MARIE BARR SCHUBERT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. No. 2004-599 Civil Term DANIEL LEE SCHUBERT, Defendant 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 in 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. 14 Date<-,- . ,/y /r:: ,~dP5 Lee Schubert, Defendan f--..) ,~) 0 .~. ::;. -II cr. --l :'Y~ n-; 1"-' , ;-":': ..~, U1 :~:J ~ .< Marie Barr Schubert, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO, 04-599 Daniel Lee Schubert Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February II, 2004. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 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. S 4904 relating to unsworn falsification to authorities. Date: Il{ddL05 Y) )(}!I ~~~ Marie B, Schubert MEYERS, DESFOR, SALlZGIVER & BOYLE 410 NORTH SECOND STREET . P.O, BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 t~l 1--"' ( --, :'1\ --:J ;,"\1 i",.) I..I; , .. r",:'> o ~;:J, .....;,. Marie Barr Schubert, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 04-599 Daniel Lee Schubert Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(C) OF THE DIVORCE CODE I. 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 ] 8 Pa. C.S. 9 4904 relating to unsworn falsification to authorities, Date-11lao-l ()5 '-fn1JtS:tB"~ ~ Marie B, Schubert MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND SIREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236.2817 f;fl\ C) >(' -I : -\ ~ ~ r'-';."\ " ,~..: c.... 04 - ~9 {!;uJ. J&~ PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, is made this 22nd day of November 2005, by and between: MARIE B. SCHUBERT, hereinafter referred to as Wife; --AND-- DANIEL L. SCHUBERT, hereinafter referred to as Husband; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on August 2, 1980, in New Cumberland, Pennsylvania; and WHEREAS, there are no minor children born of the marriage. WHEREAS, diverse unhappy marital difficulties have arisen between the parties causing them to believe that their marriage is irretrievably broken, as a result of which they have separated and now live separate and apart from one another, the parties being estranged due to such marital difficulties with no reasonable expectation of reconciliation; and the parties hereto 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 ownership of real and personal property; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship. NOW THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, husband and wife, each intending to be legally bound, hereby covenant and agree as follows: I. SEPARATION 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. Each party shall be free from interference, authority or 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 molest the other or attempt to endeavor to molest the other, nor compel the other to Initials~ 2 Initial&- cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. Should a Decree, Judgment, or Order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such Decree, Judgment, Order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either, or both of the parties shall remarry, it being understood by and between the parties hereto, that this Agreement shall survive and shall not be merged into any Decree, Judgment, or Order of divorce or separation. It is specifically agreed however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any Order of divorce, Judgment, or Decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any Judgment and be forever binding and conclusive upon the parties, 2. MUTUAL RELEASES Husband and wife do hereby mutually remise, release, quit-claim or forever discharge the other and estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, or whatever nature and wherever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, [nitial~ 3 Initial&, .' engagements, or liabilities of such other or by way of dower or curtesy, of claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption or similar allowance or under the intestate laws; or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary or all other rights or a surviving spouse to participate in a deceased spouse's estate, whether arising under the United States, or any other country; or any rights which either party may now have or at any time hereafter have for the past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of husband and wife to give to each other, by the execution of this Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal, or mixed, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 3. MUTUAL CONSENT/ADVICE OF COUNSEL Husband and wife acknowledge and understand the terms and conditions of this Agreement, and husband is represented by Diane M. Dils, Esquire, and wife is represented by Laurie A. Saltzgiver, Esquire. Each party acknowledges that he or she has received or has been given an opportunity to receive independent advice Initials~ 4 lnitia~ from counsel of his or her selection and was fully informed as to his or her legal rights and obligations. Husband and wife acknowledge that they fully understand the facts as to their legal rights and obligations under this Agreement. Husband and wife acknowledge and accept that this Agreement is, under the circumstances, acceptable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any collusion or improper or illegal agreement or agreements. 4. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owed by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the parties shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs, or expenses incurred by the other party in seeking equitable distribution of said asset. InitiaIs~ 5 Initiale 5. DEBTS AND OBLIGATIONS Husband represents and warrants to wife that since September 10, 2003, he has not, and in the future he 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 such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to husband that since September 10, 2003, she has not, and in the future she 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 such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 6. REAL ESTATE Husband and wife acknowledge that they are the joint owners of the following real estate: (a.) 418 Seventh Street, New Cumberland, Pennsylvania; (b.) 1/3 interest in 642 Bosler Avenue, Lemoyne, Pennsylvania; (c.) 2116 North Third Street, Harrisburg, Pennsylvania; (d.) 40 Balm Street, Harrisburg, Pennsylvania; (e.) 219, 221, 223 South 13th Street, Harrisburg, Pennsylvania; (f.) 54 North Ith Street, Harrisburg, Pennsylvania. Initials~ 6 Initial~' Husband and wife hereby agree that husband will pay to wife the sum of $55,000.00 cash, refinance all debt removing wife's name and wife hereby agrees to sign all Deeds and necessary documents to accomplish the same. Husband will retain all real estate. Said payment and refinancing shall occur within ninety (90) days from the date of the Decree in Divorce. 7. PERSONAL PROPERTY Except as set forth hereto, husband and wife have agreed that their personal property has been divided and neither party will make any claims to the property possessed by the other, except as set forth hereto: None. Wife shall keep any and all automobiles in her name and in her possession as her sole and exclusive possession, free and clear of any and all claims or demand by husband. If husband's name is on any automobiles in wife's possession, wife shall remove husband's name from said title and encumbrance within ninety (90) days after the date of the Decree in Divorce. Husband shall keep any and all automobiles in his name and in his possession as his sole and exclusive possession, free and clear of any and all claims or demand by wife. If wife's name is on any automobiles in husband's possession, husband shall remove wife's name from said title and encumbrance within ninety (90) days after the date of the Decree in Divorce. Both parties agree to execute any and all documentation necessary to give effect to the above paragraphs. lnitial~ 7 Initial~ '..--/ Husband and wife shall keep as their sole and exclusive possession any and all checking and savings accounts in their names alone. Husband and wife hereby waive any and all right or claim to the other's checking and savings accounts. The parties agree that husband shall make any and all family and marital photographs available to wife. Wife may copy said photographs at her expense. The parties agree that they shall show each other the utmost cooperation in making the photographs available, copying, and returning said photographs. 8. SPOUSAL SUPPORT/ALIMONY Husband and wife hereby acknowledge that wife may be entitled to spousal support, alimony pendente lite, and/or alimony as a result of the pending divorce action. Husband and wife hereby acknowledge that they forever waive their rights to spousal support, alimony pendente lite and alimony as a result of this Agreement. 9. PENSION Husband hereby waives his right or claim to wife's PSERS account in her name alone. I O. WAIVER OF RIGHTS The parties hereto fully understand their rights under and pursuant to the Divorce Code, Act of 1980, No. 1980-26, as amended February 12, 1998, particularly the provisions for alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, and expenses. Both parties agree Initials'i1tt3 8 InitiaI~ that this Agreement shall conclusively provide for the distribution of property under the said law and the parties hereby waive, release and forever relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, and expenses. II. WAIVER OR MODIFICATION TO BE IN WRITING A modification or waiver of any of the terms of this Agreement shall be effective only if in writing, signed by both parties, and executed with the same formality as this Agreement. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 12. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all future instruments and/or documents that the other party may reasonably require for that purpose of giving full force and effect to the provisions of the Agreement. 13. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective legatees, devises, heirs, executors, administrators, successors, and assigns in the interest of the parties. Initials~ 9 Initia~' 14. BREACH If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for payment of attorneys fees and all costs incurred by the other in enforcing his or her rights under this Agreement. 15. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 16. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs/provisions and sub-paragraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 17. DIVORCE The parties hereto acknowledge that their marriage is irretrievably broken. The parties further agree to execute the necessary Affidavits of Consent and Waiver of Counseling, and Waiver of Notice ofIntent to Request Entry of Divorce Decree upon request so that the divorce may become finalized. The parties further agree and acknowledge that this Property Settlement Agreement shall be incorporated into said Decree in Divorce; however, shall not merge therewith. IniliaIs~ 10 InilialS~' IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Glj~,- q ~J Witness Y1l~ MARIE B. SCHUBERT (SEAL) Initials~ 11 [nitia'~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF J)O-.v-p~ On this, the ,J,d,!\.ci day of November 2005, before me, a Notary Public, the undersigned officer, personally appeared MARIE B. SCHUBERT, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. My Commission Expires: 5/, I 0 'is' ChtdVO-J /1/ ~ Notary Public " ",',.;~:::A ---,,-. {'~~r(~,':"~..;," .,- ^ ,_. ,,'" COMMONWEALTH OF PENNSYLVANIA ;-; COUNTY OF DAUPHIN ,., On this, the .;?;) I-./<I day of November 2005, before me, a Notary Public, the undersigned officer, personally appeared DANIEL L. SCHUBERT, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereun19 set my hand and official seal. \ Y..;J My C()mmis:;j~n expires' 12 ,~ ,.. - " ....': M.,.<, .,j;I~:<,! '(~,,-\\:,,~ =~'., 'I;~;::.. ~;::.;.\ '.,'\ - 1--~ ~" i., \ ~,~.'1:# '~-"'M\:.' ~-_O ~.:j:I'::~/ ' ,,~ , 07 '/IL ( ~, ~'. ) c:.. --, :::i"\ _-1 j-:'\r. '-? MARIE BARR SCHUBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04 - 599 CIVIL DANIEL LEE SCHUBERT, Defendant IN DIVORCE ORDER OF COURT AND NOW, this "-"c,'fi- e;L 1 day of )- ,,~"'. IvlJ, 2005, the economic claims raised in the proceedings having been resolved in accordance with a property settlement agreement dated November 22, 2005, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Ge cc: J<;aurie A. Saltzgiver Attorney for Plaintiff Aane M. Oils Attorney for Defendant ~ 'j) t~ [l\\ \~ D \\,':J I " f>1 :1 I "..J "., ;J ~ 7 '("HI !~ni17 l)<. i ':.:~i J,:'.h... .J('I "':''.,! PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, is made this 22nd day of November 2005, by and between: MARIE B, SCHUBERT, hereinafter referred to as Wife; --AND-- DANIEL L. SCHUBERT, hereinafter referred to as Husband; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on August 2, 1980, in New Cumberland, Pennsylvania; and WHEREAS, there are no minor children born of the marriage. , WHEREAS, diverse unhappy marital difficulties have ansen between the parties causing them to believe that their marriage is irretrievably broken, as a result of which they have separated and now live separate and apart from one another, the parties being estranged due to such marital difficulties with no reasonable expectation of reconciliation; and the parties hereto 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 ownership of real and personal property; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship. NOW THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, husband and wife, each intending to be legally bound, hereby covenant and agree as follows: 1. SEPARATION 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. Each party shall be free from interference, authority or 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 molest the other or attempt to endeavor to molest the other, nor compel the other to Initials ~ 2 Initial&, cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. Should a Decree, Judgment, or Order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such Decree, Judgment, Order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto, that this Agreement shall survive and shall not be merged into any Decree, Judgment, or Order of divorce or separation. It is specifically agreed however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any Order of divorce, Judgment, or Decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any Judgment and be forever binding and conclusive upon the parties. 2. MUTUAL RELEASES Husband and wife do hereby mutually remise, release, quit-claim or forever discharge the other and estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, or whatever nature and wherever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, Initial~ 3 Initial~) engagements, or liabilities of such other or by way of dower or curtesy, of claims in the nature of dower or cUl1esy, or widow's or widower's rights, family exemption or similar allowance or under the intestate laws; or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary or all other rights or a surviving spouse to participate in a deceased spouse's estate, whether arising under the United States, or any other country; or any rights which either party may now have or at any time hereafter have for the past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of husband and wife to give to each other, by the execution of this Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal, or mixed, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 3. MUTUAL CONSENT/ADVICE OF COUNSEL Husband and wife acknowledge and understand the terms and conditions of this Agreement, and husband is represented by Diane M. Dils, Esquire, and wife is represented by Laurie A. Saltzgiver, Esquire. Each party acknowledges that he or she has received or has been given an opportunity to receive independent advice Initia]s~ 4 Initia~ from counsel of his or her selection and was fully informed as to his or her legal rights and obligations. Husband and wife acknowledge that they fully understand the facts as to their legal rights and obligations under this Agreement. Husband and wife acknowledge and accept that this Agreement is, under the circumstances, acceptable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any collusion or improper or illegal agreement or agreements. 4. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owed by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the parties shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs, or expenses incurred by the other party in seeking equitable distribution of said asset. Initials ':f'if)i 5 Initiale 5, DEBTS AND OBLIGATIONS Husband represents and warrants to wife that since September 10, 2003, he has not, and in the future he 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 such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to husband that since September 10, 2003, she has not, and in the future she 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 such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 6. REAL ESTATE Husband and wife acknowledge that they are the joint owners of the following real estate: (a.) 418 Seventh Street, New Cumberland, Pennsylvania; (b.) 1/3 interest in 642 Bosler Avenue, Lemoyne, Pennsylvania; (c.) 2116 North Third Street, Harrisburg, Pennsylvania; (d.) 40 Balm Street, Harrisburg, Pennsylvania; (e.) 219,221,223 South 13th Street, Harrisburg, Pennsylvania; (f.) 54 North Ith Street, Harrisburg, Pennsylvania. Initials~ 6 Initial~ Husband and wife hereby agree that husband will pay to wife the sum of $55,000,00 cash, refinance all debt removing wife's name and wife hereby agrees to sign all Deeds and necessary documents to accomplish the same. Husband will retain all real estate. Said payment and refinancing shall occur within ninety (90) days from the date of the Decree in Divorce. 7. PERSONAL PROPERTY Except as set forth hereto, husband and wife have agreed that their personal property has been divided and neither party will make any claims to the property possessed by the other, except as set forth hereto: None. Wife shall keep any and all automobiles in her name and in her possession as her sole and exclusive possession, free and clear of any and all claims or demand by husband. If husband's name is on any automobiles in wife's possession, wife shall remove husband's name from said title and encumbrance within ninety (90) days after the date ofthe Decree in Divorce. Husband shall keep any and all automobiles in his name and in his possession as his sole and exclusive possession, free and clear of any and all claims or demand by wife. If wife's name is on any automobiles in husband's possession, husband shall remove wife's name from said title and encumbrance within ninety (90) days after the date of the Decree in Divorce. Both parties agree to execute any and all documentation necessary to give effect to the above paragraphs. Initial~ 7 Initial~ Husband and wife shall keep as their sole and exclusive possession any and all checking and savings accounts in their names alone. Husband and wife hereby waive any and all right or claim to the other's checking and savings accounts. The parties agree that husband shall make any and all family and marital photographs available to wife. Wife may copy said photographs at her expense. The parties agree that they shall show each other the utmost cooperation in making the photographs available, copying, and returning said photographs. 8. SPOUSAL SUPPORT/ALIMONY Husband and wife hereby acknowledge that wife may be entitled to spousal support, alimony pendente lite, and/or alimony as a result of the pending divorce action, Husband and wife hereby acknowledge that they forever waive their rights to spousal support, alimony pendente lite and alimony as a result of this Agreement. 9. PENSION Husband hereby waives his right or claim to wife's PSERS account in her name alone. I O. WAIVER OF RIGHTS The parties hereto fully understand their rights under and pursuant to the Divorce Code, Act of 1980, No. 1980-26, as amended February 12, 1998, particularly the provisions for alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, and expenses. Both parties agree Initials~ 8 Initial~ that this Agreement shall conclusively provide for the distribution of property under the said law and the parties hereby waive, release and forever relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, and expenses. II, WAIVER OR MODIFICATION TO BE IN WRITING A modification or waiver of any of the terms of this Agreement shall be effective only if in writing, signed by both parties, and executed with the same formality as this Agreement. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 12, MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all future instruments and/or documents that the other party may reasonably require for that purpose of giving full force and effect to the provisions of the Agreement. 13. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective legatees, devises, heirs, executors, administrators, successors, and assigns in the interest of the parties. Initials~ 9 Initia~ 14. BREACH If either party breaches any provIsIOn of this Agreement, the other party shall have the rights, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for payment of attorneys fees and all costs incurred by the other in enforcing his or her rights under this Agreement. 15 , LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 16. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs/provisions and sub-paragraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 17. DIVORCE The parties hereto acknowledge that their marriage is irretrievably broken. The parties further agree to execute the necessary Affidavits of Consent and Waiver of Counseling, and Waiver of Notice of Intent to Request Entry of Divorce Decree upon request so that the divorce may become finalized. The parties further agree and acknowledge that this Property Settlement Agreement shall be incorporated into said Decree in Divorce; however, shall not merge therewith. Initials~ 10 Initials~' IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WJL~ q ~/J Witness InitiaIs~ Y1JJ MARIE B. SCHUBERT (SEAL) (SEAL) L L. SCHUBERT II Initia~ COMMONWEAL TH OF PENNSYLVANIA '\ ' . ! ".. ,I., -../ l)'--'~"1"J t \"'_',--/V\ COUNTY OF On this, the3.c:.i,l\cI day of November 2005, before me, a Notary Public, the undersigned officer, personally appeared MARIE B. SCHUBERT, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained, IN WITNESS WHEREOF, I have hereunto set my hand and official seal. My Commission Expires: 5/1 I o,&, Uul1-ot("W--J ,Y; ~Y' Notary Public COMMONWEAL TH OF PENNSYLVANIA COUNTY OF DAUPHIN On this, the ,--;};;2;J'/ day of November 2005, before me, a Notary Public, the undersigned officer, personally appeared DANIEL L. SCHUBERT, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. 1 ~ Notary Public My commission expires: __~PUIIIC CRY OF IlMJI'ftIfl co. I\' CllMIItSS10II OCt 24. 2001 12 11/22/2005 15:48 71 7235281 7 Marie Barr Schubert, Plaintiff VS, iDaniel Lee Schubert I Defendant ! ~EYERSDE5FOR5ALTZGIV PAGE 02/02 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTy, PENNSYT,V ANlA : NO, 04.599 : CIVIL ACTION . LAW ; IN DIVORCE ACCEPTANCE OF SERVICE OF COMPLAINT IN DNORCE I, Diane Oils, Esquire, verifY the acceptance ofthe Complaint in Di\'orce by Daniel L, Schubert which W15 served upon him on February 11,2004. Date: / /-ot3' -iD- II I I I I 'i I II II il ;1 /--", -, DES.OI\ SAL'I%QI\IEA . .OYt,E 410 NOm"H SECQNO STREET . P,O. lOx 1062 . HARRfSeuRG. PA 11'108 "''1''\ ~~.000I1l1ll .. C^V ........,..__ ......._ (~. ,-"J -Ii ~.:-J C::l -<i ..' c::> r-.) C) Marie Barr Schubert, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04-599 Daniel Lee Schubert Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: I. Ground for Divorce: irretrievable breakdown under Section 330l(c) ofthe Divorce Code, 2. Date and manner of service of the Complaint: Personally served on Defendant on Februarv 11. 2004. Acceptance of Service executed bv Defendant's attornev dated November 23.2005 and filed with the Prothonotarv on November 30.2005. 3. (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the plaintiff November 22.2005; by the defendant September 12. 2005. 4. Related claims pending: No other claims are pending. 5, Date and marmer of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301 (d)(i)(I) of the Divorce Code. (b) Date plaintiffs Waiver of Notice in S 3301(c) Divorce was filed with the prothonotary: November 29. 2005. Date defendant's Waiver of Notice in S 3301(c) Divorce was filed with the prothonotary: September 12. 2005. \ Laurie A. ltzgiver Attorney for Plaintiff MEYERS, DESFOR, SALTZGlVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 Q r-' (:..; c' c~ -(1 "; Cjl CJ :? ~ ,-' \'11 " r.. \ N ~" -:..... - - r , c:> .~.::;' .~.::;' .~.::..::.>-::.> .::.;. .::+;.'.;::+::.',:.::+;,'::.::+;..::<<.{'.::+::;' .::+;. .:+::; ;::+::..::+::. .::.::;- -::+:- -:+::. .::.::;-:;<:~;::.~.-'--':::<<.~:;-,::.::;;>::.::~:,:.-<.::..- -::+:>.,'::+;', .::.::.;:<.::<<;-:-~.;~ ~I ~~-~~~~~~I~ ~..::.I I~ Y) Iv ~, IN THE COURT OF COMMON PLEAS ~ ~i ~ ~I OF CUMBERLAND COUNTY $ l-S' ~ '.' ~ '.. PENNA. STATE OF ~I V ~ '.. ~ '.' Marie Barr Schubert ~ ]\.; (). . 04-599 ~ ~.~ Plaintiff ~\ ~) VerSllS Daniel Lee Schubert ~ ',' Defendant ~ '.. " ~ '.' ~ '.' DECREE IN DIVORCE 8 ~I .. ~ ~.~ .0, ~ ~.~ AND NOW, ""'" ,::p~", ~,~".,' Mk, .2005, it is ordered and ,t~ ~ ~ ~.~ ~ ~.I decreed that"", .I'!<:i+;i,~ ,I??l!'.:r: ,~\='h~l:?~!',~"",.""""""." plaintiff, and,.""" ,D.aniel, .Lee, S.c;h':lbe,rt,."",.""",.""".", defendant, are divorced from the bonds of matrimony. ~ ... ~ '.' The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ~ '.' ~ ~.' ~ '.' The Property Settlement Agreement dated November 22, 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , is hereby incorporated, but not merged herein. ....." '...,.. ........................................................ ~ '.' ~ ~.' Prothonotary .. ~/?i. (/}'-T?~~....... . '" T~ ~ ~ ~ ~ ~~ 1';.; c~'" ';:'Ji~~~_~~_~__......,..v. _..... .....v,_~V'''' ,_..___v.. ~~.~~~~~~~~~~-~~~~~~~~~~~~~ ~ " ~ r.' W ~.' , ~ ~ ~.' i '.' ~ ~.~ ,'~ ~ ~ ~.' ~ ~.~ *- ~.I ~ ~.' l~ ~ ~ ~.~ ~ ~:~ ~ '.' ,.~ * ~ ~.' ~ ~.' .:.' ~ :,". ~ '.' ~ ~.~ ~ '-' $ ~ ~ ~.' ~ '.' ~ ~ ~ ~ $ s J. ~ e ~ ~.-~-~-- . ----~ ~ .:..::. .:.::. .:.+;. .:.+;. ~ _ ~u bg ~/ ~J.; 5':/--e.{ 'Cr' }~~b~~4J~ Sr/'t',.c/ . ~ 0' .. '> '\,.... ~., ~_. . \' ... " .. '. ~'lf '..