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HomeMy WebLinkAbout07-5649Kristin R. Reinhold, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Lucretia M. Ciccolini Semder LUCRETIA M. CICCOLINI IN THE COURT OF COMMON PLEAS SEMDER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 67- 5(049 Nrif term RODNEY L. SEMDER, 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 in 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 divorce is indignities or irretrievable breakdown of marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. 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 ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mds adelante en las siguientes pdginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como de describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mds aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIER UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 . LUCRETIA M. CICCOLINI SEMDER, Plaintiff V. RODNEY L. SEMDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ©'?- G ?f4 C?,,J 7;,-- CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. The Plaintiff is Lucretia M. Ciccolini Semder, an adult individual currently residing at 4 Pipher Lane, Mechanicsburg, Cumberland County, Pennsylvania. 17050. 2. The Defendant is Rodney L. Semder, an adult individual residing at 613 East Walnut Street, Lewistown, Mifflin County, Pennsylvania. 17040. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania, for a period in excess of six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 1, 1995, in Winchester, Fredrick County, West Virginia. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. This action is not collusive. 7. Plaintiff and Defendant separated on or about July 15, 2006. 8. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c) -The marriage of the parties is irretrievably broken. B. Section 3301(d) - The marriage of the parties is irretrievably broken. The parties separated on or about July 15, 2006. C. Section 3301(a)(6) - The Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and her life burdensome. 9. Plaintiff has been advised of the availability of marriage counseling and understands that she may request that her spouse and she participate in counseling. 10. Plaintiff does not request that the Court require that her spouse and she participate in counseling prior to a divorce decree being handed down by this Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a final decree in divorce. COUNTI EQUITABLE DISTRIBUTION 11. Paragraphs one through ten are incorporated herein by reference. 12. During their marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Sections 3501 et.seq. of the Divorce Code of 1980. WHEREFORE, Plaintiff respectfully requests this Honorable Court equitably distribute all marital property, both real and personal, owned by the parties. Date: Respectfully submitted, THE LAW OFFI ES OF SILLIKER & REWHOI-I istin Reinhol , Esqu 5922 Li glestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Lucretia M. Ciccolini Semder AFFIDAVIT er I, we re 4i c2 CY1. C cc o l n Se, ereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unworn falsifications to authorities.. Dated: 4 (q D --7 I 0v -J O 7 J (_7) ? T CO xi ?.a c? . r ?i- LUCRETIA M. CICCOLINI : IN THE COURT OF COMMON PLEAS SEMDER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No. 07-5649 CIVIL TERM RODNEY L. SEMDER, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 27, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since 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 herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsifications to authorities. s 1 g/04 Date: LZ,- Lu'cr-etia M. Ciccolini Semder x' ? ? r ? ?'+ ? ? ,?* -? - -r. ?? ? ? i ?.. =' .. .+r?5 ?? .! <:r ? :? "se ?;. LUCRETIA M. CICCOLINI SEMDER, Plaintiff V. RODNEY L. SEMDER, Defendant, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5649 CIVIL TERM 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 Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: cretia M. Ciccolini Semder ? ? ?r? ?? K ? Rt ? ? ?; ry? ? e+? wl:?n ?? 8^.?j r^'t i w p , y+. ? LUCRETIA M. CICCOLINI : IN THE COURT OF COMMON PLEAS SEMDER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No. 07-5649 CIVIL TERM RODNEY L. SEMDER, CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1, A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 27, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since 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 herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsifications to authorities. Date: Z - o? tg? -3- Rodney L. emder ? ? -cs C" C?": r '- :t• r^T"i ?.z )..? t ? ?+f. Y ?.r+ 1 ? ? 3 p+ .. ...j . ? : ?{ ?+ i'"? ? Y'{y?!? *+ 1 'T S «' i.Y ... C..J LUCRETIA M. CICCOLINI SEMDER, Plaintiff V. RODNEY L. SEMDER, Defendant, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5649 CIVIL TERM 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 Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: 2- ' a Y_ ?? !? Rodney L. emder ?T'1 b7- 56 q9 MARRIAGE SETTLEMENT AGREEMENT By and between LUCRETIA M. CICCOLINI SEMDER -AND- RODNEY L. SEMDER Dated: ?? f L Q (14 0l 92008 INDEX PAGE 1. Divorce and Separation ................................................................ 4 2. Division of Property ..................................................................... 4 3. 1998 Nissan Altima ..................................................................... 7 4. Child Custody .............................................................................. 7 5. Income Tax Prior Returns ............................................................ 8 6. Execution of Additional Documents ........................................... 8 7. Transfers Subject to Liens ........................................................... 8 8. Complete Listing of Property ...................................................... 9 9. Equitable Distribution of Property .............................................. 9 10. Relinquishment of Ownership ..................................................... 9 11. After-Acquired Property .............................................................. 10 12. Debts ............................................................................................. 10 13. Bankruptcy ................................................................................... 12 14. Alimony ........................................................................................ 13 15. Full Disclosure ............................................................................. 14 16. Releases ........................................................................................ 14 17. Indemnification ............................................................................ 14 18. General Provisions ....................................................................... 15 19. Fair and Equitable Contents ......................................................... 15 20. Breach ........................................................................................... 16 21. Independent Separate Covenants ................................................. 16 22. Void Clauses ................................................................................ 16 23. Execution of Documents .............................................................. 17 24. Applicable Law ............................................................................ 17 25. Non-Merger .................................................................................. 17 26. Disclosure and Waiver of Procedural Rights .............................. 17 27. Tax Advice ................................................................................... 18 28. Legal Fees ................................................................................... 19 29. Representation of Parties ............................................................. 19 Signature Page .............................................................................. 19 Acknowledgement Page ............................................................... 20 2 MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this day of , 2008, by and between Lucretia M. Ciccolini Semder -AND- Rodney L. Semder, at Harrisburg, Pennsylvania. WHEREAS, the parties hereto are husband and wife, having been married on September 1, 1995, at Winchester, Fredrick County, West Virginia. WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or 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. The parties separated on July 15, 2006. NOW, THEREFORE, in consideration of the aforegoing premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the 3 parties, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the cause leading to their living apart. A reconciliation will not void the provisions of this Agreement. 2. Division of Property. Husband and Wife agree that the following constitutes an equitable distribution of the marital property: A. The following shall become the sole and exclusive property of Husband: 1. Husband shall retain any pension plans and/or retirement plans and/or employee stocks or savings plans, and/or 401K plans and/or any and all other employment benefits, which he has accumulated during the course of his past or present employment. 2. Husband shall be entitled to possession and ownership of real estate located at 323, 344, 358, and 400 Crescent Street, 4 Harrisburg, Dauphin County, Pennsylvania. The parties acknowledge that said properties are deeded solely in Husband's name and are encumbered by two mortgages held by Homecoming Financial in the cumulative approximate amount of Eighty Thousand Dollars ($80,000) in solely Husband's name. The parties agree that Husband shall be solely responsible for payment of the mortgages relative to these properties and shall indemnify and hold Wife harmless relating thereto. 3. Husband shall be entitled to possession and ownership of his 1988 Chevrolet C-1500 on which there are no encumbrances. 4. Husband shall be entitled to possession and ownership of his boat and trailer. 5. Husband shall be entitled to possession and ownership of his tools and tool chest. 6. Husband shall be entitled to the balance of his PSECU checking account with a balance of approximately Three Thousand Dollars ($3,000) at the time of the parties' separation. B. The following shall become the sole and exclusive property of Wife: 1. Wife shall retain any pension plans and/or retirement plans and/or employee stocks or savings plans, and/or 401K plans and/or any and all other employment benefits, which she has accumulated during the course of her past or present employment. 5 2. Wife shall be entitled to possession and ownership of the real estate located at 4 Pipher Lane, Mechanicsburg, Cumberland County, Pennsylvania, which functioned as the marital residence. The parties acknowledge that the Deed to the Pipher Lane property is held in solely Husband's name. The parties agree that Husband shall sign a Deed contemporaneously with the execution of this Agreement transferring all right, title, and interest in said property unto Wife. Wife shall be solely responsible for the mortgage with Homecoming Financial in the approximate amount of One Hundred Forty Thousand Dollars ($140,000). Wife shall refinance the mortgage relative to the marital home in order to remove Husband's name from said obligation within two years of the date of the execution of this Agreement. 3. Wife shall be entitled to possession and ownership of the 1996 Ford Windstar which is titled in both parties' names and on which there are no encumbrances. The parties hereby agree that within ten days of the date of the execution of this Agreement, the parties shall transfer title to said vehicle into Wife's name alone. 4. Wife shall be entitled to possession and ownership of the Coleman pop-up camper which is currently titled in Husband's name solely. The parties agree to transfer the title to the camper into Wife's name within ten days of the execution of this Agreement. 6 5. Wife shall be entitled to the balance of her M&T Bank checking account having an approximate balance of Six Hundred Dollars ($600) as of the date of the parties' separation. C. All personal property in the possession of each party as of the date of execution of this Agreement shall remain the sole and separate property of each party respectively. D. The parties acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and other sources of income and based thereon they mutually agree that the property listed above constitutes the entire marital property. 3. 1998 Nissan Altima. The parties acknowledge they are owners of a 1998 Nissan Altima which is titled solely in Husband's name and which is driven primarily by the parties' daughter, Alexis. Husband and Wife hereby agree that Husband shall transfer title of the Nissan Altima to Alexis Semder, or in the alternative, to Wife if there is a savings on automobile insurance. It is the intent of the parties that the Nissan Altima belong to the parties' daughter, Alexis Semder. The parties further agree that Husband shall be fully liable for the automobile loan relative to the Nissan in the approximate amount of Three Thousand Five Hundred Dollars ($3,500) and shall continue to make timely payments on the automobile loan until it is satisfied. 4. Child Custody. The parties hereby acknowledge that they are the natural/adoptive parents of two children, namely Alexis Lettie Ciccolini Semder, born April 24, 1991, and Rachel Lee Ciccolini Semder, born April 24, 1996. The parties 7 hereby agree that Wife shall have primary physical and legal custody of the parties' children and that Husband shall be entitled to partial periods of custody as the parties mutually agree. 5. Income Tax Prior 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 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 the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. In the event that any additional taxes, penalties or interest are assessed as a result of a mathematical error or some other reason not related to a party's under-reporting of income or claiming any improper deduction, such additional liability shall be divided equally between the parties. 6. Execution of Additional Documents. The parties agree to each sign Affidavits of Consent upon the expiration of ninety (90) days following the filing and service of the Divorce Complaint. The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. 7. Transfers Subject to Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing 8 lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 8. Complete Listing of Propert y. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 9. Equitable Distribution of Property. By this Agreement, the parties have intended to effect an equitable distribution of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effectuated without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers of property herein as non-taxable. 10. Relinquishment of Ownership. Except as provided herein, Husband forever relinquishes any right or interest he may now or hereafter have in any assets now belonging to Wife, and Wife forever relinquishes any right or interest she may now or hereafter have in any assets now belonging to Husband. 9 11. After-Acquired Property. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, 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. 12. Debts. A. Husband and Wife agree to be responsible for the joint debts of the parties as follows: Husband shall be solely responsible for the Homecoming Financial mortgages in the cumulative amount of Eighty Thousand Dollars ($80,000) relative to the real estate located at 323, 344, 358, and 400 Crescent Street, Harrisburg, Dauphin County, Pennsylvania; the automobile loan relative to the 1998 Nissan Altima; his two Chase credit cards in the approximate amounts of Fourteen Thousand Seven Hundred Dollars ($14,700) and Four Thousand Dollars ($4,000); his Discover card in the approximate amount of Seven Thousand Three Hundred Dollars ($7,300); his MBNA card in the approximate amount of Ten Thousand Six Hundred Dollars ($10,600); his E- trade account in the amount of One Thousand One Hundred Twenty One Dollars ($1,121); and his Sears card in the approximate amount of Two Thousand Dollars ($2,000). Additionally, Husband shall be fully liable for any additional debts he has incurred in his name alone. Wife shall be fully responsible for the Homecomings Financial mortgage relative to the marital home located at 4 Pipher Lane, Mechanicsburg, Cumberland County, Pennsylvania, in the approximate amount of One Hundred Forty Thousand Dollars ($140,000); her CitiBank Visa card in the approximate amount of Ten Thousand Dollars ($10,000); and her Chase card in the amount of Two Thousand Dollars 10 ($2,000). Additionally, Wife shall be fully liable for any additional debts she has incurred in her name alone. Husband covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold Wife for any of the debt set forth herein above, Husband will at his sole expense, defend Wife against any such claim or demand, whether or not well-founded, and that he will indemnify and hold harmless Wife in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Wife. Wife covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold Husband for any of the debt set forth herein above, Wife will at her sole expense, defend Husband against any such claim or demand, whether or not well-founded, and that she will indemnify and hold harmless Husband in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband. B. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto 11 further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property may be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein. 13. Bankruntcy or Reorganization Proceedings. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. The payments called for in this Agreement are not intended to be a debt which is affected by a discharge in bankruptcy and the terms of this Agreement are not subject to discharge in bankruptcy because the parties acknowledged that such are necessary for the parties to meet their financial obligations and to support and maintain their standard of living as well as that of the parties' children. The parties acknowledge 12 that there are not bankruptcy proceedings presently pending and they agree not to file a bankruptcy action prior to the completion of their respective obligations pursuant to this Agreement. Furthermore, any debt addressed in this Agreement shall not be discharged in a bankruptcy action filed by or on behalf of one of the parties hereto. Also, if either party files for bankruptcy, this Agreement shall constitute conclusive evidence of the parties' intent that the obligations in the nature of maintenance and support are not dischargeable under current bankruptcy law or under any amendment thereto. Further, if either party institutes any action in bankruptcy or any other bankruptcy proceeding is instituted in which a party's right to have payments made by the other becomes a matter for judicial review, the parties agree to consent to any motion filed by the other with the bankruptcy courts, wherein the party may request that the bankruptcy courts abstain from deciding the dischargeability of said obligation and any other obligations to said party thereunder in order to allow the appropriate Court of Common Pleas to rule upon this issue. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right, at his or her option, to terminate this Agreement, in which the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination, the same as if this Agreement had never been entered into. 14. Alimony. The parties mutually agree to forego or waive any right to alimony, alimony pendente lite, and spousal support. 13 15. Full Disclosure. The respective parties do hereby warrant, represent and declare that he and she have made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest and any further enumeration or statement thereof in this Agreement is specifically waived. Each party agrees that he or she shall not at any future time raise such a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement with the exception of disclosure that may have been fraudulently withheld. 16. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement or as otherwise stated in this Agreement. 17. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold 14 harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of the warranties made by Husband or Wife to the other in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 18. General Provisions. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 19. Fair and Equitable Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is 15 being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 20. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 21. Independent Separate Covenants. 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 Agreement. 22. Void Clauses. 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. 16 23. Execution of Documents. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 24. Applicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 25. Non-Meraer. This Agreement shall not merge with any subsequent decree in divorce between the parties but shall survive such decree and be entirely independent thereof. This Agreement shall be incorporated for the purposes of enforcement only into any Decree in Divorce which may be entered with respect to the parties, but shall not be deemed to have been merged with such Decree. 26. Disclosure and Waiver of Procedural Rights. Each party understands that he or she has the right to obtain from the other party a complete Inventory or list of all property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have court held hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either 17 party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an Inventory and Appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an Income and Expense Statement of the other party as provided by the Pennsylvania Divorce Code. C. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the Court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the Court determines to be marital, and to set aside to a party that property which the Court determines to be that party's non- marital property. f. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite, equitable distribution, custody, visitation, and counsel fees, costs and expenses. 27. Tax Advice. Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this 18 Agreement. Further, neither party has been given any tax advice by their respective attorneys. Further, both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor, with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgement that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 28. Legal Fees. Husband and Wife hereby agree to be solely responsible for his or her respective legal fees, costs, and expenses. 29. Representation of Parties. The parties have mutually worked out the terms of this Marriage Settlement Agreement. Wife has been represented by Kristin R. Reinhold, Esquire. Husband has been advised of his right to retain an independent counsel to represent him in this matter, however, being so advised that he is entitled to independent legal counsel, he hereby waives his right to the same. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. V V1 V1 V IV-F- t AA Vt i s t L retia M. Ciccolini Semder Rodney . Semder 19 COMMONWE TH OF PENNSYLVANIA (v (Y\cl-p'j \C-n\ SS : COUNTY OF SHIN : On this L9 day of , 2008, before me Subscriber, a Notary Public, for the Commonwealth of Penns lvania, came Lucretia M. Ciccolini Semder, known to me or satisfactorily proven to be the Wife in the aforegoing Marriage Settlement Agreement. Lucr i 'M. Ciccolini Semder Witness my hand and Notarial seal, the day and year aforesaid. COMMONWEALTH OF PENNSYLVANIA Notarial Seat Jennifer N. Grove, Notary PubIlc Sim Spring Tm., Cumberland Canty My Commission E)Peres Jan. 28, 2012 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA cl jwx\0 COUNTY OFDA-b ITfN aAk-,( tary b 'c My Commissio xpires: 01 Idg 10301 SS: On this fn day of )?b? j(,A , 2008, before me Subscriber, a Notary Public, for the Commonwealth of Penns lvania, came Rodney L. Semder, known to me or satisfactorily proven to be the Husband in the aforegoing Marriage Settlement Agreement. Rodney . Semder Witness my hand and Notarial seal, the day and year aforesaid. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jenrwfer N. Grove, Notary Public Silver Spring Twp., Cumberland county o Publi MyCommissionBoresJan.28,2012 My Commission Expires: ?l IdSlxd- Member. Pennsylvania Association. of Notaries 20 C`) f", LUCRETIA M. CICCOLINI SEMDER, Plaintiff V. RODNEY L. SEMDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5649 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE ACCEPTANCE OF SERVICE The undersigned, Rodney L. Semder, Defendant in the above-captioned matter, hereby certifies that he received a copy of a Complaint in Divorce, by hand delivery, at 4 Pi'oher Lane- , me = han i csburGPA J? 0(0 address) on or about 16 -2 d - , 2007, at / /, 'a c) /fin. I hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Dated: 2 odney L. emder ? ? ? z-? ;? r? ?? _?; __ , r ,, ;- =? =? LUCRETIA M. CICCOLINI SEMDER, Plaintiff V. RODNEY L. SEMDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5649 CIVIL TERM 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: 1. Ground for divorce: irretrievable breakdown under Section (X) 3301 (c) O 3301 (d) of the Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: October 20, 2007, by personal service. 3. Complete either (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: February 9, 2008 by Plaintiff, February 9, 2008 by Defendant. (b) (1) Date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: The Marriage Settlement Agreement between the parties shall be incorporated but shall not merge with the final Decree in Divorce. 5. Complete either (a) or (b). (a) Date and manner of service of Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: February 14, 2008. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: February 14, 2008. 6. Social Security Numbers: (a) Plaintiff: 205-54-1283 (b) Defendant: 201-62-2452 i ? Ate. r-....T t yI .. f'.i, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. LUCRETIA M. CICCOLINI SEMDER I, Plaintiff VERSUS RODNEY L. SEMDER, NO. -o7-5648 cTyTT. TyRM DECREE IN DIVORCE AND NOW??./??" IT IS ORDERED AND DECREED THAT Lucretia M. Ciccolini Semder , PLAINTIFF, AND Rodney L Semder 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; A.A "?V*.,Q The Marriage Settlement Agreement between the parties shall be incorporated, but shall not merge h i ecree in Divorce. / BY TH ATTEST: J. PROTHONOTARY D