Loading...
HomeMy WebLinkAbout08-6597LAURA J. FISCHER, Plaintiff, V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 - 16 SCOTT T. FISCHER, Defendant. IN DIVORCE NOTICE CIVIL TERM 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 the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. LAURA J. FISCHER, Plaintiff', v. SCOTT T. FISCHER, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 - G Sit 7 CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO 'IONS 3301(C) AND MD OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Laura J. Fischer, by and through her attorneys, Irwin & McKnight, and files this Complaint in Divorce against the Defendant, Scott T. Fischer, representing as follows: 1. The Plaintiff is Laura J. Fischer, an adult individual residing at 849 Doubling Gap Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant is Scott T. Fischer, an adult individual currently residing at 849 Doubling Gap Road, Newville, Cumberland County, Pennsylvania 17241. 3. The Plaintiff and Defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on July 13, 2001 in Bayville, New Jersey. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties. COUNT H: CUSTODY 8. The averments of Paragraphs One through Seven are incorporated herein by reference as though fully set forth below. 9. The Plaintiff and the Defendant are the natural parents of two minor children: a. Gwynndolyn L. Fischer Date of Birth: March 22, 2001 Age 7 b. Alexander S. Fischer Date of Birth: December 26, 2003 Age 4 10. The children have resided their entire lives with both parents at 849 Doubling Gap Road, Newville, Pennsylvania 17241. 11. The children were born during this marriage. 12. There are no proceedings involving custody of the minor children in this or any other state. 13. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claim to have custody of Gwynndolyn L. Fischer and Alexander S. Fischer, partial custody or visitation rights with respect to the children. 14. The best interest and permanent welfare of the children will be best served by granting the Plaintiff primary physical custody and joint legal custody with reasonable visitation to the Defendant. WHEREFORE, the Plaintiff respectfully requests your Honorable Court to grant her primary physical custody and joint legal custody of the subject children with reasonable rights of visitation to the Defendant, and that the Defendant shall not remove the children from the jurisdiction of the Pennsylvania Courts. Respectfully submitted, IRWIN & McEMGHT By: Marcus c ght, III, Ls Supr ourt I.D. No. 25476 West omfret Professional Bui 60 W fret Street Carlisle, Pennsy v (717) 249-2353 Date: November 7, 2008 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. I FISCHER Date: November 7, 2008 LAURA J. FISCHER, Plaintiff, V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008- CIVIL TERM SCOTT T. FISCHER, Defendant. IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Gam..--•.?.. L URA J. FISCHER Date: November 7, 2008 C? - Ca r- C= n c OD _rTl C T3 LAURA J. FISCHER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2008- 6597 CIVIL TERM SCOTT T. FISCHER, Defendant. IN DIVORCE CUSTODY STIPULATION AND NOW, this :4-day of ZOL&WI 2008, the parties, LAURA J. FISCHER and SCOTT T. FISCHER, hereby enter into the following Custody Stipulation and Agreement regarding their minor children, Gwynndolyn L. Fischer and Alexander S. Fischer: 1. The Plaintiff, Laura J. Fischer, is an adult individual with an address of 849 Doubling Gap Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant, Scott T. Fischer, is an adult individual with an address of 849 Doubling Gap Road, Newville, Cumberland County, Pennsylvania 17241. 3. The parties are the natural parents of two (2) minor children, namely, Gwynndolyn L. Fischer, born March 22, 2001, and Alexander S. Fischer, born December 26, 2003. 4. The parties shall have shared legal custody of the minor children, Gwynndolyn L. Fischer and Alexander S. Fischer. 2 M 5. The Plaintiff shall have primary physical custody of the minor children, Gwynndolyn L. Fischer and Alexander S. Fischer, with periods of temporary physical custody to Defendant as the parties agree is in the best interest of said children. 6. Travel expenses for periods of custody will be covered by the Father. 7. The parties shall provide for custody of said minor children, during all holidays and vacations as follows: A. Easter with Mother each year. B. Thanksgiving with Father each year. C. Children's summer vacation with Father - Two or three weeks during the summer each year. D. Christmas with Mother each year. E. Father will have children December 27 (being a travel day) through New Year's Day until January 2 or 3 of each year. 8. The parties shall keep each other advised immediately in the event of serious illness or medical emergency concerning the children, and shall take any necessary steps to ensure that the health and well-being of the children are protected. During such illness or medical emergency, both parties shall have the right to visit the child/children as often as he or she desires consistent with the proper medical care of the child/children. 3 9. The parties shall not do anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or hamper the free and natural development of the children's love and affection for the other party. 10. The parties may make such alternate arrangements regarding the physical custody of the children so long as they may mutually agree. The parties anticipate regularly varying from the terms of this Stipulation in order to accommodate the schedules of each other and the children. However, if the parties cannot reach a mutual agreement, the terms of this Stipulation and Order shall control. 11. Any modification or waiver of any other provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 12. The parties desire that this Stipulation and Agreement be made an Order of the Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor children who have resided in Cumberland County for more than six months and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 4 13. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of duress or undue influence. 14. Each party has had an opportunity to consult independent legal counsel of his or her own selection. Each party regards the terms of this Agreement as fair and equitable, and each has signed it freely and voluntarily without relying upon any representation other than those expressly set forth herein. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms set forth above, enter their hands and seals the date first set forth above. WITNESSETH: 5 (SEAL) SCOTT T. ISCHER a a .'r "`^l ?, ? ' ? ,? C ?---} _ , A 1 LAURA J. FISCHER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2008- 6 59 7 CIVIL TERM SCOTT T. FISCHER, Defendant. IN DIVORCE ACCEPTANCE OF SERVICE I, SCOTT T. FISCHER, the defendant in the above-captioned divorce action, hereby verify that I accepted service by hand delivery at Irwin & McKnight on November 7, 2008 of the Complaint in Divorce filed under Sections 3301(c) and 3002(d) of the Divorce Code. SCOTT T. FISCHER Date: November 7, 2008 COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND On this, the 7th of November 2008, before me, the undersigned officer, personally appeared SCOTT T. FISCHER, known to me to be the person whose name is subscribed to the above instrument and acknowledge that he executed same for the purposes therein contained. ?ta -Ptk jj? tic TH OF PB"YWANW Notww sew Mw ft L. Noel, Notery Pubkc Caftb Coro, CumberMnd County My 1. r .t .. { i!. s n? 1 r LAURA J. FISCHER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2008 - 6597 CIVIL TERM SCOTT T. FISCHER, . Defendant. IN DIVORCE NOTICE OF INTENTION TO RETAKE AND USE PRIOR NAME I, SCOTT T. FISCHER, hereby give notice, avowing my intention to resume and hereafter use my prior surname, to wit: SCOTT T. SWAB, in accordance with the provisions of the Act of December 16, 1982, P.L. 1309, No. 295, Section 704(a) (54 Pa. C.S.A. 704(a). My divorce is docketed to 2008-6597 Civil Term. I verify that the statements made in this document are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. IN WITNESS WHEREOF, I have hereunto set my hand and seal this i-f? day of `710 , 2008. WITNESSED: (SEAL) SCOTT T. FISCHER TO BE KNOWN AS: -7• (SEAL) SCOTT T. SWAB COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS: PERSONALLY APPEARED BEFORE ME, this 77 day of November 2008, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, SCOTT T. FISCHER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Notice of Intention to Retake and Use Prior Name, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. C_ OMMONWEALTH OF PENNSYLVANIA Notarial Seal Martha L. Noel, Notary Public Carlisle Toro, Cumberland County My Commission Expires Sept 18, 2011 Member. Pennsylvania Assocftm or Notaries a ? ? _t .s_ Z ya,4 ?.` • 1 ^? ?? ? 4 ?!{ h r ,?'_ -ai .,.wa .? ?,? k 4? ? ? V `? `? J _ ... ,, n r }? 4.'. Q'? ? ?e4 ?; =?' NOV 1 C cw8 LAURA J. FISCHER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2008- 6597 CIVIL TERM SCOTT T. FISCHER, Defendant. IN DIVORCE ORDER OF COURT ??JN AND NOW, this -L day ofy _ 2008, upon presentation and consideration of the attached Custody Stipulation and Agreement, it is hereby Ordered and Directed that it be entered as an Order of Court. By the Court, J. -Rfarcus A. McKnight, III, Esq. Attorney for Plaintiff v . O colt T. Fischer, Defendant `? 1 ? t !^; ? ? :z ?a £ ? a?? ?a?z ????????a????? ? LAURA J. FISCHER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2008 - 6597 CIVIL TERM SCOTT T. FISCHER, . Defendant. IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 7, 2008. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: MARCH 13, 2009 LAURA J. FIS E Plaintiff -;. ca ?:? (`F'^ .' ?J?ai „ r $ ?% . ? .? ??? ? ?? II 4.Z -? LAURA J. FISCHER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2008 - 6597 CIVIL TERM SCOTT T. FISCHER, Defendant. IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: MARCH 13, 2009 =l 3 ?..hJ LAURA J. FISCHER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2008 - 6597 CIVIL TERM SCOTT T. FISCHER, , Defendant. IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 7, 2008 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn falsification to authorities. Date: MARCH 13, 2009 cJ - SCOTT T. (FISCHER) SWAB Defendant ` ? =ct C ? ,? ? c ?« . < , ?? .? = ?n r rf? J Y °: F E ?y t r' (?.'? E " r ? .? :aG ?`} LAURA J. FISCHER, Plaintiff, V. SCOTT T. FISCHER, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 - 6597 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: MARCH 13, 2009 'Z? ? S-' SCOTT T. (FIS HER) SWAB Defendant _ t r rrri . K? K A- t LAURA J. FISCHER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2008 - 6597 CIVIL TERM SCOTT T. FISCHER, Defendant. IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: MARCH 13, 2009 (- - `::? t- --? 4-N SCOTT T. (FISCHER) SWAB Defendant tom` ° ? ;?? ? ? ?' ?. _` ?" ? y, "° ,z ?', ?. - r? , c'.? . . ?? ? ,. ? ? ?? ?:?k, -? I MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this-ay of November 2008 by and between LAURA I FISCHER (hereinafter referred to as "WIFE") and SCOTT T. FISCHER, hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on July 13, 2001, in Bayville, New Jersey. WIFE filed a Complaint in Divorce in Cumberland County, Pennsylvania, o n November 7, 2008. The parties hereto agree and covenant as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their' respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein nor property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: a. WIFE is represented by Marcus A. McKnight, III, Esq. HUSBAND is not represented by counsel. b. is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; c. enters into this Agreement voluntarily after receiving advice of counsel; d. has given careful and mature thought to the making of this Agreement; e. has carefully read each provision of this Agreement; and f. fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair 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 effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 7. REAL ESTATE: The parties own the property known as 849 Doubling Gap Road, Newville, Pennsylvania 17241. HUSBAND agrees to convey his right, title and interest in the property to WIFE. WIFE agrees to refinance the mortgage into her own name within one hundred twenty (120) days of the signing of this Agreement. 8. DEBTS: HUSBAND will be solely responsible for his own debts including his Lowes, Capital One and Tractor Supply credit cards. HUSBAND will indemnify and hold harmless WIFE from all obligation related to his debts. WIFE will be solely responsible for her own debts including her Kohl's and Sears credit cards and will indemnify and hold harmless HUSBAND from any claim made against him related to her debts. 9. SPOUSAL SUPPORT AND ALIMONY: The parties hereby agree to the following: There will be no spousal support and no alimony by either party to the other. 10. PERSONAL PROPERTY: The parties agree that the personal property shall be divided as follows: HUSBAND shall receive the following items: a. The personal property in his possession; b. His bank accounts; c. Any life insurance policy; and d. His employee and/or retirement benefits. 3 WIFE shall receive the following items: a. The personal property in her current possession; b. Her bank accounts; c. Any life insurance policy; and d. Her employee and/or military retirement benefits. The WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Each party agrees that neither will incur obligations, liens or liabilities on account of the other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account of the other. 11. AUTOMOBILES: a. HUSBAND agrees to waive any and all interest which he may have in the 1994 Chevy K 1500 pickup truck in possession of the WIFE and agrees to convey title to WIFE. b. WIFE agrees to waive any and all interest which she may have in the 2004 Chevrolet Impala in possession of the HUSBAND and agrees to convey title to HUSBAND. They each waive any claim which they have in any automobile owned by the other party. 12. INSURANCE. EMPLOYEE AND MILITARY BENEFITS: The parties agree that WIFE will purchase a term life insurance policy in the amount of $100,000.00 on HUSBAND. The parties also agree that any other life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE waives all right, title and claim to any 4 employee benefit of the HUSBAND. HUSBAND waives all right, title, and claim to any of WIFE'S employee and/or military retirement benefits. 13. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. The HUSBAND agrees to waive all interest which he may have in the savings or checking or any other bank accounts of the WIFE. 14. CHILD SUPPORT: The parties agree that WIFE receive child support directly from HUSBAND. The parties have agreed that HUSBAND will provide a total of $1,000.00 per month in child support which includes daycare costs payable 1/2 on the first day of each month and I/2 on the 15th day of each month. If HUSBAND fails to pay WIFE, she will have the right to apply for child support through the Cumberland County Domestic Relations Section. 15. CHILD CUSTODY: Custody of the parties' children shall be by means of a Custody Stipulation signed by the parties and dated November 7, 2008. Both parties will carry medical/dental insurance for the children. 16. INCOME TAX EXEMPTIONS: The parties agree to file their 2008 income taxes jointly. All 2008 income tax refunds shall go to WIFE. HUSBAND will take GWYNNDOLYN L. FISCHER as his Federal income tax exemption on his Federal income tax returns filed each year and claim childcare expenses at $50.00 per week. The parties also agree that WIFE will take ALEXANDER S. FISCHER as her income tax exemption on her Federal income tax returns filed each year. 17. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 5 18. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract will be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 19. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 20. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each panty acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and not the result of any duress or undue influence. 21. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 22. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 23. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 24. PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own costs and legal fees required to obtain and complete the divorce. 6 25. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: 1??c-? :F31,211-i •- (SEAL) S OTT T. FI C R COMMONWEALTH OF PENNSYLVANIA . . SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this day of 2008, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, LAURA J. FISCHER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ca?oNVa. nvANw No1Mid 0001 Mwft 4 Noel. Notary Pubk calftle 20")'?county 4011 A?edeOon Of COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: PERSONALLY APPEARED BEFORE ME this fQX da o y f 2008, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, SCOTT T. FISCHER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. mob" 0001 r cp pNiI?EA?TH OF PENN8YWANW MaAhe L. No01, NoprY auowc c.01a.0av, cume«wa county Sept. 18, 2011 d Noted" 8 71 LAURA J. FISCHER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2008 - 6597 CIVIL TERM SCOTT T. FISCHER, Defendant. IN DIVORCE To the Prothonotary: PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) and or (d) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Scott T. Fischer., on November 7, 2008, by personal service. An Affidavit of Service was filed on November 10, 2008. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by plaintiff: March 13, 2009; by defendant: March 13, 2009. (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: March 19, 2009. March 19, 2009 Date defendant's Waiver of Notice in Section 3301(c) DivAke was fled with the Prothonotary: Marcus A. N Attorney for (b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Date: March 19, 2009 rv r?? Ste. C-r K IN THE COURT OF COMMON PLEAS OF LAURA J. FISCHER CUMBERLAND COUNTY, PENNSYLVANIA V. SCOTT T. FISCHER No. 2008 - 6597 Civil Term DIVORCE DECREE AND NOW, _ M z-) e-L 2(, Lam , it is ordered and decreed that LAURA J. FISCHER , plaintiff, and SCOTT T. FISCHER , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The Marriage Settlement Agreement dated November 7, 2008 and signed by the parties is hereby incorporated into this Divorce Decree but not merged. By the Court, ?o. ??- ?. LAURA J. FISCHER, Plaintiff/Petitioner, V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 - 6597 CIVIL TERM SCOTT T. (FISCHER) SWAB, Defendant/Respondent IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, this 2nd day of April 2009, comes the Plaintiff/Petitioner, Laura J. Fischer, by her attorneys, Irwin & McKnight, P.C., and makes the following Petition for Special Relief against the Defendant/Respondent, Scott T. (Fischer) Swab, as follows: 1. The Petitioner, Laura J. Fischer, is the Plaintiff in a divorce action filed at 2008-6597 in Cumberland County, Pennsylvania. Her address is 849 Doubling Gap Road, Newville, Cumberland County, Pennsylvania 17241. The divorce was finalized on March 26, 2009. 2. The Respondent is Scott T. (Fischer) Swab and is the Defendant in this divorce action. His address is 21811 E 8 Mile Road, Saint Clair Shores, MI 48080. 3. The parties were married on July 13, 2001, and purchased the marital real estate located at 849 Doubling Gap Road, Newville, Pennsylvania 17241. 4. The Respondent signed a Marriage Settlement Agreement dated November 7, 2008, a copy of which is attached hereto and marked as Exhibit "A". 5. Paragraph seven (7) of the Marriage Settlement requires that Petitioner refinance the mortgage into her name alone. Paragraph eight (8) provides the Respondent be solely responsible for payment of his own debts. 6. The Respondent now known as Scott Thomas Swab has judgments entered by his first wife, Michelle Marie Swab, against him at 2005 Civil 1462. The judgment of $14,124.00 is for unpaid spousal support and $4,360.00 for unpaid child support. 2 7. The Respondent known as Scott Thomas Swab now resides with Michelle Marie Swab at 21811 E. 8 Mile Road, Saint Clair, Michigan 48080. 8. The Respondent has refused to pay said liens and his first wife, Michelle Marie Swab, has refused to release the liens in order for the Petitioner to refinance the mortgage into her own name. 9. In addition, the Respondent has failed to make the payments on his vehicle which has now been repossessed. By the lender who is now seeking payment of the deficiency judgment against the Petitioner. 10. Violation of the Marriage Settlement Agreement pursuant to paragraph eighteen (18) can result in the payment of the party breaching the Agreement to pay legal fees and costs required to enforce the Agreement. 11. The Petitioner seeks a hearing and Order of Court requiring the Defendant/Respondent to: A. Either pay the liens against him by his former wife and current girlfriend or secure her release of said judgment. B. Indemnify the Petitioner for the deficiency judgment sought as a result of the repossession by Respondent of her vehicle in approximate amount of $4,000.00. C. The payment of reasonable legal fees and costs required to bring this enforcement action which are $750.00 plus costs of this action. 12. Due to the nature of this Petition, the Respondent's concurrance was not sought due to the nature of this Petition and was therefore not sought. 13. The Honorable J. Wesley Oler signed the Decree in Divorce on March 26, 2009, but no other Judge has taken any action in this case. 3 THEREFORE, the Petitioner, Laura J. Fischer, requests the Honorable Court to schedule a hearing for special relief to show cause why the relief requested should not be granted to the Petitioner and costs and legal expenses being assessed against the Respondent in the amount of $750.00 plus costs of this court action. Respectfully submitted, IRWIN & McK,?iIGHT, P.C. By: Marcus A. M squire 60 Wes omfret Street Carlisle, PA 17013 717-249-2353 Supreme Court I.D. No: 25476 Attorney for the Plaintiff/Petitioner Laura J. Fischer Date: April 2, 2009 4 VERIFICATION The foregoing Petition is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: APRIL 2, 2009 4 EXHIBIT "A" MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this "?'da of November 2008 y by and between LAURA J. FISCHER (hereinafter referred to as "WIFE") and SCOTT T. FISCHER, hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on July 13, 2001, in Bayville, New Jersey. WIFE filed a Complaint in Divorce in Cumberland County, Pennsylvania, on November 7, 2008. The parties hereto agree and covenant as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein nor property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: a. WIFE is represented by Marcus A. McKnight, III, Esq. HUSBAND is not represented by counsel. b. is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; c. enters into this Agreement voluntarily after receiving advice of counsel; d. has given careful and mature thought to the making of this Agreement; e. has carefully read each provision of this Agreement; and f. fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair 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 effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 2 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 7. REAL ESTATE: The parties own the property known as 849 Doubling Gap Road, Newville, Pennsylvania 17241. HUSBAND agrees to convey his right, title and interest in the property to WIFE. WIFE agrees to refinance the mortgage into her own name within one hundred twenty (120) days of the signing of this Agreement. 8. DEBTS: HUSBAND will be solely responsible for his own debts including his Lowes, Capital One and Tractor Supply credit cards. HUSBAND will indemnify and hold harmless WIFE from all obligation related to his debts. WIFE will be solely responsible for her own debts including her Kohl's and Sears credit cards and will indemnify and hold harmless HUSBAND from any claim made against him related to her debts. 9. SPOUSAL SUPPORT AND ALIMONY: The parties hereby agree to the following: There will be no spousal support and no alimony by either party to the other. 10. PERSONAL PROPERTY: The parties agree that the personal property shall be divided as follows: HUSBAND shall receive the following items: a. The personal property in his possession; b. His bank accounts; c. Any life insurance policy; and d. His employee and/or retirement benefits. 3 WIFE shall receive the following items: a. The personal property in her current possession; b. Her bank accounts; c. Any life insurance policy; and d. Her employee and/or military retirement benefits. The WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Each party agrees that neither will incur obligations, liens or liabilities on account of the other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account of the other. 11. AUTOMOBILES: a. HUSBAND agrees to waive any and all interest which he may have in the 1994 Chevy K 1500 pickup truck in possession of the WIFE and agrees to convey title to WIFE. b. WIFE agrees to waive any and all interest which she may have in the 2004 Chevrolet Impala in possession of the HUSBAND and agrees to convey title to HUSBAND. They each waive any claim which they have in any automobile owned by the other party. 12. INSURANCE, EMPLOYEE AND MILITARY BENEFITS: The parties agree that WIFE will purchase a term life insurance policy in the amount of $100,000.00 on HUSBAND. The parties also agree that any other life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE waives all right, title and claim to any 4 employee benefit of the HUSBAND. HUSBAND waives all right, title, and claim to any of WIFE'S employee and/or military retirement benefits. 13. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. The HUSBAND agrees to waive all interest which he may have in the savings or checking or any other bank accounts of the WIFE. 14. CHILD SUPPORT: The parties agree that WIFE receive child support directly from HUSBAND. The parties have agreed that HUSBAND will provide a total of $1,000.00 per month in child support which includes daycare costs payable %2 on the first day of each month and 1/2 on the 15th day of each month. If HUSBAND fails to pay WIFE, she will have the right to apply for child support through the Cumberland County Domestic Relations Section. 15. CHILD CUSTODY: Custody of the parties' children shall be by means of a Custody Stipulation signed by the parties and dated November 7, 2008. Both parties will carry medical/dental insurance for the children. 16. INCOME TAX EXEMPTIONS: The parties agree to file their 2008 income taxes jointly. All 2008 income tax refunds shall go to WIFE. HUSBAND will take GWYNNDOLYN L. FISCHER as his Federal income tax exemption on his Federal income tax returns filed each year and claim childcare expenses at $50.00 per week. The parties also agree that WIFE will take ALEXANDER S. FISCHER as her income tax exemption on her Federal income tax returns filed each year. 17. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 5 18. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract will be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 19. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 20. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and not the result of any duress or undue influence. 21. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 22. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 23. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 24. PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own costs and legal fees required to obtain and complete the divorce. 25. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: Vim'/ ee-Z? SEAL SCOTT T. FISCHER COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND qz- PERSONALLY APPEARED BEFORE ME, this 7 day of 71a #Wlt? 2008, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, LAURA J. FISCHER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial seal Martha L. Noel, Notary Public Cargo* Toro, Cumberland County MY Commission expires Sept. 18, 2011 MerrrWt PWMSytlktlllrl,RtllaD0ofth df Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS: ? PERSONALLY APPEARED BEFORE ME, this_?day o ? 2008, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, SCOTT T. FISCHER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. C TH N YLVANIA Ncoftl Seal Martha L. Noel, Notary Public Carlisle Coro, Cumberland county my Commission Expires 8"t 18, 2011 Member, P of 8 LAURA J. FISCHER, Plaintiff/Petitioner, V. SCOTT T. FISCHER, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 - 6597 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Scott T. Swab 21811 E 8 Mile Road Saint Clair Shores, MI 48080 IRWIN & McKNIGHT, P re- By: Marcus 60 West (717) Qrt ket Street \ A 17013 2353 :.Qurt I.D. No. 25476 Date: April 6, 2009 5 CF Ally 2009 b R -0 PI 1 "3: C 9 APR 01'2006 Gy LAURA J. FISCHER, V. SCOTT T. (FISCHER) AND NOW, this attached Petition for S scheduled for 4.m., Cumberland : IN THE COURT OF COMMON PLEAS OF ioner, : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 - 6597 CIVIL TERM AB, ?snondent IN DIVORCE ORDER OF COURT day of A bo d I , 2009, upon consideration of the Relief, a Rule is hereby issued and is returnable at a hearing , 2009, in Courtroom No. at o'clock Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. By: ??"?tt T. (Fischer) Swab arcus A. McKnight, III, I Attorney foi J Plaintiff/Petitioner 4udge CS s 1 Wd 6- M 60OZ 301-:?n--C#3 H LAURA J. FISCHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW 2008-6597 CIVIL TERM SCOTT T. (FISCHER) SWAB, . Defendant IN DIVORCE IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 5th day of May, 2009, upon consideration of the Petition for Special Relief, it is hereby ordered that the Defendant Scott T. (Fischer) Swab: A. Pay the liens against him by his former wife and current girlfriend or secure her release of said judgments; B. Indemnify the Plaintiff for the deficiency judgments sought as a result of the repossession of Defendant's vehicle in the approximate amount of $4,000; and C. Pay reasonable legal fees and costs required during this enforcement action, which are $750. ? Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 For Plaintiff Scott T. (Fischer) Swab 21811 East 8 Mile Road Saint Clair Shores, MI 48080 Pro se Defendant :mae O-z (" m?< < By the Court, J' 9 O •Z W18 J- ?vw b0Yl OM & KUTLILAKIS Michelle L. Sommer, Esquire Attomey I.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 LAURA J. FISCHER, Plaintiff V. SCOTT T. (FISCHER) SWAB Defendant ? FILED-OFF ,"CE ? THE" "^ ?'K7-l" IN TORY 2010 FEB 17 PM 3: 2 9 CG'lgft AIR N THE COURT 0)r'r?gm, AS OF I >f CUMBERLAND COUN?NSYLVANIA NO 2008-6597 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Please withdraw my appearance on behalf of the Plaintiff, Laura J. Fischer, in the above-captioned matter. DATE rf, I5 WV6 4 PRAECIPE OF ENTRY OF APPEARANCE Please enter my appearance on behalf of the Plaintiff, Laura J. Fischer, in the above-captioned matter. Respectfully submitted, Asom &KrnvrAa,% LLP. DATE 2= 11-4- 110, 1 Pftn Michelle L. Sommer squire 2 West High Street Carlisle, PA 17013 (717) 249-0900 Supreme Court ID No.: 93034 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No.: 25476 I . f 1 Y r ABOM" KLITULAKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 LAURA J. FISCHER, Plaintiff V. SCOTT T. (FISCHER) SWAB Defendant ALED- ir ,,)F ,f;7 ! ' ;3 ! ; TAPIY 201O MAR 26 PH 3.38 CtJiY+KRL' %j- r'DUN T PENT-.'SYL NLA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 2008-6597 CIVIL ACTION - LAW IN DIVORCE TO THE HONORABLE J. WESLEY OLER, JR., JUDGE OF SAID COURT: PETITION FOR CIVIL CONTEMPT AND NOW, this 26`s day of March, 2010 comes the Petitioner, Laura J. Fischer, by and through her attorney, Michelle L. Sommer, Esquire, of ABOM & KUTULAKIS, L.L.P., and files this Petition for Civil Contempt pursuant to Pennsylvania Rule of Civil Procedure as follows: 1. On May 5, 2009, Judge J. Wesley Oler, Jr., entered an Order upon consideration of Laura J. Fischer's ("Petitioner") Petition for Special Relief ordering Scott T. (Fischer) Swab ("Respondent") to: a. Pay the liens against him by his former wife and current girlfriend or secure her release of said judgments; b. Indemnify the Petitioner for the deficiency judgments sought as a result of the repossession of the Respondent's vehicle in the approximate amount of $4,000.00; and c. Pay reasonable legal fees and costs required during this enforcement action. (A true and correct copy of the Order of Court is attached hereto as Exhibit "A") 2. Respondent has willfully failed to abide by the Order that was issued approximately ten (10) months ago. 3. Petitioner has repeatedly asked the Respondent to follow through with the said Order. 4. On February 11, 2010, Respondent sent Petitioner's previous Counsel an e-mail in which he states that he has spoken to the Petitioner about making a deal to satisfy said liens from the May 5, 2009 Order of Court. 5. Respondent is attempting to make a deal to release said liens if the Petitioner agrees to release him from all child support arrears and lower the child support payment to amount he deems acceptable. (A true and correct copy the February 11, 2010 E-Mail is hereto as Exhibit `B".) 6. Petitioner has sought new Counsel to enforce said Order. (A true and correct copy of undersigned Praecipe to Enter Appearance is hereto as Exhibit "C".) 7. Undersigned Counsel sent a letter to the Respondent on February 24, 2010, by Certified Mail, informing him that she has new counsel and inquiring about his offer to pay the liens in full or trying to determine if he was planning to withdraw the liens. (A true and correct copy of the Acceptance of Service is hereto as Exhibit "D".) S. Undersigned Counsel requested confirmation of this information no later than March 15, 2010, or a Petition for Contempt would be filed against the Respondent for failing to abide by the May 5, 2009 Order of Court. (A true and correct copy of the February 24, 2010 letter to the Respondent is hereto as Exhibit "E".) 9. Respondent has been unwilling and negligent in responding to the February 24, 2010 letter, nor has he taken any responsibility to the directives issued in the May 5, 2009 Order of Court. 10. Respondent has had the ability to comply with the relevant provisions of the Order of Court , the i / but has knowingly and willfully failed to abide by a direct order of this Commonwealth and from this Honorable Court. 11. Respondent's breach of the terms of the Order entered by this Honorable Court is the sole reason Petitioner had to file this petition for enforcement. 12. Petitioner has incurred attorney's fees and costs not only from the previous May 5, 2009, Order of Court but also in connection with the preparation and pursuit of this Petition and Respondent should be held responsible for said costs from each. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an order finding Respondent in contempt of court and directing Respondent to immediately comply with this Honorable Court's Order, plus pay Petitioner's counsel fees and costs and place the Respondent in jail until he complies with all directives in the original May 5, 2009, Order of Court. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Michelle L. Sommer, squire Supreme Court I.D.: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Petitioner ,„Ob I, LAURA J. FISCHER, verify that the statements made in this PETITION FOR CIVIL CONTEMPT are 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 unsworn falsification to authorities. O'er Date 1 L URA J. FI CIIE ,. r LAURA J. FISCHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO 2008-6597 CIVIL ACTION - LAW SCOTT T. (FISCHER) SWAB Defendant IN DIVORCE ?ERTIFI .A TF OF SERVICE AND NOW, this 26`' day of March, 2010, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Petition for Civil Contempt upon the Respondent, by United States, Certified Mail at the following location: Scott T. Swab 21811 East 8 Mile Road St. Clair Shores, Michigan 48080 ABOM & KUTULAKIS, L.L.P. -" il 4NWVO Michelle L. Sommer, squire y w LAURA J. FISCHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW 2008-6597 CIVIL TERM SCOTT T. (FISCHER) SWAB, Defendant IN DIVORCE vial 0 i7 ? ii,!` IN RE: PETITION FOR SPECIAL RELIEF RN?ICVuiUict(i?!iGN_ ORDER OF COURT I.}t(''' 0F` IU AND NOW, this 5th day of May, 2009, upon consideration of the Petition for Special Relief, it is hereby ordered that the Defendant Scott T. (Fischer) Swab: A. Pay the liens against him by his former wife and current girlfriend or secure her release of said judgments; B. Indemnify the Plaintiff for the deficiency judgments sought as a result of the repossession of Defendant's vehicle in the approximate amount of $4,000; and C. Pay reasonable legal fees and costs required during this enforcement action, which are $750. By the Court, Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 For Plaintiff Scott T. (Fischer) Swab 21811 East 8 Mile Road jgaint Clair Shores, MI 48080 Pro se Defendant :mae s Michelle Sommer Page From: Emma Fischer [befisc502@embargmail.com] Sent: Thursday, February 11, 2010 2:19 PM To: mis@abomkutulakis.com Subject: Fwd: LAURA FISCHER PROPERTY LEINS Let me know when you get this. Laura Forwarded Message ----- From: Scott Swab To: mmcknight@irwinmcknight.com Cc: befisc502@embarqmail.com Sent: Thu, 11 Feb 2010 11:15:08 -0500 (EST) Subject: LAURA FISCHER PROPERTY LEINS Sir, I have spoke to your client on several occasions concerning the liens attached to her property and offered a deal to rid those liens in a short period of time. It has been two weeks since I first discussed this proposal with her and as yet she has failed to contact or take my calls on whether or not she has agreed to the terms. The lien holder has agreed to satisfy these liens upon your client satisfying the arrears against him and agreeing to a reduced, affordable child support amount. Since both parties agreed to the support without utilizing Domestic Relations, as you know in order to dispute it, it is a civil matter. It has been attempted to resolve this on several occasions to no avail. This issue was brought up several 2/11/2010 Wage 2 of 3 F N times during the initial filling of the paperwork for divorce while sitting in your conference room. I brought it up and your client brought it up and yet it was still not formally addressed. I feel I have been more than fair in my proposal to resolve this issue in a quick manner, and your client has ignored my attempts to contact her. Briefly the conditions of my proposal are as follows: LAURA'S ACTIONS 1. Clear arrears for back child support 2. Agree to a reduced and affordable support amount of $125.00 per week 3. Agree to drop any violations to agreements to date SCOTT'S ACTIONS 1. Secure and file satisfaction of liens on property 2. Continue to pay support on time to either state agency or client as determined by your client 3. Agree to drop any violations of agreements to date ( closing Scott's checking account, filing 08 taxes separately to name a couple) 2/11/2010 Page ) of 3 This is an attempt to foster an atmosphere of trust and well being for the care and concerns of our children, which remain my primary concern in the dealings between Laura and myself. This action is intended to place all parties on a level solid foundation to care and grow for our children. I would much rather handle this calmly and rationally between the parties involved, however it is very frustrating when the lines of communication have been ignored by one party. Today is the last day the lien holder will agree to satisfying the two instruments unless contact is made and an agreement worked out between the parties. If no contact is made by close of business today, then other avenues as afforded under the Law must be pursued. Respectfully, Scott T. Swab 2/11/2010 OM & KUTLILAKIS Michelle L. Sommer. Esquire AttomeN I.D. #: 93034 2 West Hi=h Street Carlisle. PA 17013 (717) 249-0900 LAURA J. FISCHER, Plaintiff V. SCOTT T. (FISCHER) SWAB Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, NO 2008-6597 CIVIL ACTION - LAW IN DIVORCE '- PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Please withdraw my appearance on behalf of the Plaintiff, Laura J. Fischer, in the above-captioned matter. DATE rt6 Z b- PRAFCIPE OF ENTRY OF APPEARANCE N O 0 -n rn ._., w N -cs y =+c -G Please enter my appearance on behalf of the Plaintiff, Laura J. Fischer, in the above-captioned matter. Respectfully submitted, AB0M&KUI z",S LLR DATE A 1?I1L Michelle L. Sommer Xsquire 2 West High Street? Carlisle, PA 17013 93034 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No.: 25476 Z ? Agent ? Addressee C. Date of Delivery *ant from item 1? ? Yes address below: ? No (? I 3. Service Type i 1 Certified Mail E3 Express Mail j E3 Registered 13 Return Receipt for Merchandise to? D8 ? Insured Mail 13 C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7007 0220 0002 2527 8462 (Transfer from service labeo I PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ¦ Complete items 1, 2, and 3. Also complete PR item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reve so that we can return the card to you. B. Received ¦ Attach this to the back of the mail iece, or on the fr "pace permits. y _ q lade 1. Article Addressed to: s If YES, enter SC--, -T- S C2 L I,\ T? C KI-I ATTORNEYS AT L A«T February 24, 2010 SENT VIA CERTIFI D 1"I 1 #7007 0220 0002 2527 8462 Scott T. Swab 21811 East 8 Mile Road St. Clair Shores, Michigan 48080 Re: Laura J. Fischer v. Scott T. (Fischer) Surah Divorce Docket No.: 08-6597 Our File No: 10-032 Dear Mr. Swab: ?:, lCF I OC4 CAR: ISLE 717) 244-000 HAPRISBUR Ci ` L= 717) 232 4FI CHAMBERSBURG OCFICE (717) 267-0900 YORK OFFICE (717) 846-0900 Please be advised that I have been recently retained by Ms. Fischer in the above captioned matter. I have reviewed your latest e-mail to her previous counsel, Marcus McKnight, III, Esquire on which you stated that you spoke to Ms. Fischer about a possible settlement in this matter. I would ask that from this point forward any communication regarding a possible settlement be made directly to me and I will discuss any offer with Ms. Fischer. I am pleased to read in the February 11, 2010 e-mail that you are prepared to satisfy the property liens placed by your first wife, now your current wife, because of unpaid child support payments. I am curious as to whether these liens are going to be paid in full or if these liens are going to be withdrawn. Either way I would like to have confirmation, in writing, that these liens have been satisfied before we are prepared to do anything further in this matter. I will give you until March 15, 2010, in which to provide me with documentation proving that these liens have been paid in full or either withdrawn. I could care less how the liens are satisfied at this point and time. If you are unable or unwilling to do so, I have discussed the possibility with my client that the May 5, 2009 Order of Court, which you are currently in Contempt of Court, will be brought 1,?efore judge Oler, Jr. I am prepared to file a Petition for Contempt of Court to enforce judge Olet?s TAa)' 5u. Order. T-3M CVer, %'? would like t0 ? r 31 Court arld v,-ith the least a nount of resistance on your part since there is very little left for you to do in this matter. As tie May 5111 Order states, you need to either pay the liens or have them withdraw and 3ndenni{, ls. `Ischcr as a result of the rcpos3,-'ssed vehicle. As for the counsel fees and costs that was with her previous attorney and Attorney i",lchnight would need to enforce I:hat judgment, therefore, I am seeking sections A & B of the Order at this time. We are willing to negotiate; ho\vever, C'ou need to show good faith and make the first move by either paying the liens or having your current wife rl-,lease the judgment. r '?coiL 1. 24, 2011) rage 2 Should you have any questions or concerns, please do not hesitate to contact me. Very truly yours, Abom & Kutulakis, L.L.P. f i 1 Michelle L. Sommer, Esquire MLS/dlr cc: Ms. Laura j. Fischer LAURA J. FISCHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SCOTT T. (FISCHER) SWAB, Defendant NO. 08-6597 CIVIL TERM IN RE: PETITION FOR CIVIL CONTEMPT ORDER OF COURT AND NOW, this 1St day of April, 2010, upon consideration of Plaintiff's Petition for Civil Contempt, a Rule is hereby issued upon the Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE at a hearing scheduled for Tuesday, May 11, 2010, at 3:00 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. J. Michelle L. Sommer, Esq. 2 West High Street Carlisle, PA 17013 Attorney for Plaintiff /rcott T. Swab 21811 East 8 Mile Road St. Clair Shores, Michigan 48080 Defendant, pro Se :rc cn ? rT! C..y ry BY THE COURT, ?6L u ro, 1S 4e(2? vs co T, (T i In the Court of Common Pleas of Cumberland County, Pennsylvania No. ?, 01 " ?S I -? Civil Term PRAECIPE p i e-QS e EmkR- r? ? ream C? To Prothonotary 20 0 rn Attorney for P+m f- or " J. 9 1 LAURA J. FISHER, Plaintiff v SCOTT T. (FISHER) SWAB, Defendant . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6597 CIVIL TERM IN RE: PETITION FOR CIVIL CONTEMPT ORDER OF COURT AND NOW, this 11th day of May, 2010, upon consideration of Plaintiff's Petition for Civil Contempt, and following a hearing at which the Plaintiff appeared and was represented by Michelle L. Sommer, Esquire, at which the Defendant did not appear, and at which Defendant's counsel, Jane Adams, Esquire, did appear, the Court finds that the Defendant has intentionally, voluntarily, and willfully failed to comply with the terms of the order of Court dated May 5, 2009, and he is consequently adjudicated in Civil Contempt. The sanction of the Court is that the Defendant undergo a period of imprisonment in the Cumberland County Prison of 1 month. The condition of purge with respect to this sanction is that the Defendant complete his compliance with the obligations set forth in the Order of Court dated May 5, 2009, and furnish Plaintiff's counsel proof of his compliance, within a period of 60 days of today's date. In addition, the Defendant is directed to pay an additional sum of $1,768.54 in attorney's fees to Plaintiff's counsel for Plaintiff's obligations to her attorney arising out of the present Petition for Contempt. Since the condition of purge in this case permits the Defendant to purge himself of the sanction for contempt within a period of 60 days from today's date, his commitment to ?i 4F prison will not be ordered at this time, but the Court will entertain a motion for commitment of sentence filed by Plaintiff at the conclusion of the 60-day period in the event that the Defendant has not met the condition of purge within that period. In the event that no motion for commitment of sentence is filed by Plaintiff's counsel within 90 days of today's date, the Court will assume that the Defendant has met the condition of purge, and no commitment of sentence will be ordered after that time. Michelle L. Sommer, Esquire 2 West High Street Carlisle, PA 17013 For Plaintiff Jane Adams, Esquire 17 West South Street Carlisle, PA 17013 For Defendant CCP - -p LcmcL ?;o P l? Sheriff - ?(?c£cLs;? -?;?? :mae ea?tES 6L iv S/ 17/ C Vj _ N 0 0 --c A w -`-rt r? By the Court, Alom & r LITLILAKIS -, .;-; ?_. -? Michelle L. Sommer, Esquire :. i ? •. -- , , , Attomey I.D. #: 93034 Y =_ ?" _) y 2 West High Street Carlisle, PA 17013 (717) 249-0900 LAURA J. FISCHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNYSLVANIA V. CIVIL ACTION - LAW SCOTT T. (FISCHER) SWAB, Defendant NO. 08-6597 CIVIL TERM TO THE HONORABLE WESLEY OLER, JR., JUDGE OF SAID COURT: PLAINTIFF'S MOTION FOR COMMITMENT OE SENTENCE AND NOW, this 13'' day of July, 2010, comes the Plaintiff, Laura J. Fischer, by and through her attorney, Michelle L. Sommer, Esquire, of ABOM & KUTULAKIS, L.L.P., and files this Motion for Commitment of Sentence pursuant to an Order of Court issued on May 11, 2010, and avers as follows: 1. On May 5, 2009, This Honorable Court entered an Order upon consideration of Laura J. Fischer's ("Plaintiff ') Petition for Special Relief ordering Scott T. (Fischer) Swab ("Defendant'D to: a. Pay the liens against him by his former wife and current girlfriend or secure her release of said judgments; b. Indemnify the Petitioner for the deficiency judgments sought as a result of the repossession of the Respondent's vehicle in the approximate amount of $4,000.00; and c. Pay reasonable legal fees and costs required during this enforcement action, which at that time were $750.00. 2. Defendant failed to comply with the May 5, 2009 Order of Court. (A true and correct copy of the May 5, 2009, Order Court is hereto attached as Exhibit "A" finding the Defendant in Contempt of Court.) 3. In response to Defendant's failure to comply with the May 5, 2009 Order of Court, Plaintiff filed a Petition of Civil Contempt on March 26, 2010. 4. A Hearing was scheduled on May 11, 2010, in which the Defendant failed to appear at his Hearing and this Honorable Court found the Defendant had intentionally, voluntarily, and willfully failed to comply with the May 5, 2009, Order and was adjudicated in Civil Contempt by Order of Court dated May 11, 2010. (A true and correct copy of the May 11, 2010, Order Court is hereto attached as Exhibit "B" finding the Defendant in Contempt of Court) 5. In the May 11, 2010 Order of Court, this Honorable Court sanctioned Defendant with a period of imprisonment in Cumberland County Prison of one (1) month. 6. The May 11, 2010, Order of Court also provided a condition of purge with respect to this sanction if the Defendant complied with the May 5, 2009, Order of Court within sixty (60) days or July 10, 2010, and instructed that Defendant's Counsel provide Plaintiff s Counsel with proof of compliance that the Defendant did in fact pay the liens against him by his former wife in order to release the Plaintiff of the said judgments. 7. As of today, Defendant's Counsel has not complied with the May 11, 2010, Order and has not provided Plaintiffs counsel with any proof of compliance thereof. 8. In the May 11, 2010, Order of Court, this Honorable Court granted Plaintiff the ability to file a Motion for Commitment of Sentence to be filed within thirty (30) days after July 10, 2010, or August 9, 2010, and also awarded Plaintiff attorney's fees in the amount of $1,768.54. 9. Plaintiff has incurred attorney's fees and costs in connection with the preparation and pursuit of this Motion and Defendant should be held responsible for said costs. (A true and correct copy of the Ledger is hereto as Exhibit "C" showing additional costs in the amount of $595.50 associated with the filing of the Motion for Commitment of Sentence.) WHEREFORE, Plaintiff respectfully requests that this Honorable Court to: a. Grant Plaintiff s Motion for Commitment of Sentence and enter an Order directing the Defendant to immediately comply with the May 5, 2009, and the May 11, 2010, Orders of Court; b. Order the Defendant to immediately pay Plaintiffs outstanding attorney's fees and costs totaling $3,114.04, which arise from the May 5, 2009 Order of Court ($750.00), the May 11, 2010 Order of Court ($1,76$.54) and from the preparation and pursuit of the filing of this Motion ($595.50); and c. Order that the Defendant be incarcerated in the Cumberland County Prison for a period not less than one (1) month and continue that period of incarceration past one (1) month if the Defendant has still not complied with both the May 5, 2009, and the May 11, 2010, Orders of Court Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Michelle L. Somm , Esquire Supreme Court I.D.: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff I, LAURA J. FISCHER, verify that the statements made in this MOTION FOR COMMITMENT OF SENTENCE are 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 unsworn falsification to authorities. 7 /3? l0 Date LAURA J. FISCHER, Plaintiff v SCOTT T. (FISCHER) SWAB, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008-6597 CIVIL TERM IN DIVORCEC V,::; t *r. I MAY 0 i? ? f3 ?3 '' IN RE: PETITION FOR SPECIAL RELIEF ?RWIN & iVl01V0'1 ORDER OF COURT I_AW OFi=1CES AND NOW, this 5th day of May, 2009, upon consideration of the Petition for Special Relief, it is hereby ordered that the Defendant Scott T. (Fischer) Swab: A. Pay the liens against him by his former wife and current girlfriend or secure her release of said judgments; B. Indemnify the Plaintiff for the deficiency judgments sought as a result of the repossession of Defendant's vehicle in the approximate amount of $4,000; and C. Pay reasonable legal fees and costs required during this enforcement action, which are $750. Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 For Plaintiff Scott T. (Fischer) Swab 28"11 East 8 Mile Road ,,Saint Clair Shores, MI 48080 Pro se Defendant :mae at ca-;aa, pa By the Court, LAURA J. FISHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW SCOTT T. (FISHER) SWAB, Defendant NO. 08-6597 CIVIL TERM IN RE: PETITION FOR CIVIL CONTEMPT ORDER OF COURT AND NOW, this 11th day of May, 2010, upon consideration of Plaintiff's Petition for Civil Contempt, and following a hearing at which the Plaintiff appeared and was represented by Michelle L. Sommer, Esquire, at which the Defendant did not appear, and at which Defendant's counsel, Jane Adams, Esquire, did appear, the Court finds that the Defendant has intentionally, voluntarily, and willfully failed to comply with the terms of the order of Court dated May 5, 2009, and he is consequently adjudicated in Civil Contempt. The sanction of the Court is that the Defendant undergo a period of imprisonment in the Cumberland County Prison of 1 month. The condition of purge with respect to this sanction is that the Defendant complete his compliance with the obligations set forth in the Order of Court dated May 5, 2009, and furnish Plaintiff's counsel proof of his compliance, within a period of 60 days of today's date. In addition, the Defendant is directed to pay an additional sum of $1,768.54 in attorney's fees to Plaintiff's counsel for Plaintiff's obligations to her attorney arising out of the present Petition for Contempt. Since the condition of purge in this case permi the Defendant to purge himself of the sanction for contempt within a period of 60 days from today's date, his commitment to 1(o prison will not be ordered at this time, but the Court will entertain a motion for commitment of sentence filed by Plaintiff at the conclusion of the 60-day period in the event that the Defendant has not met the condition of purge within that period. In the event that no motion for commitment of sentence is filed by Plaintiff's"counsel within 90 days of today's date, the Court will assume that the Defendant has met the condition of purge, and no commitment of sentence will be ordered after that time. Michelle L. Sommer, Esquire 2 West High Street Carlisle, PA 17013 For Plaintiff J e Adams, Esquire West South Street Carlisle, PA 17013 For Defendant CCP Sheriff :mae By the Court, Jul 12/20j,0 Abom & Kutulakis Client Ledger Page: 1 Date E Received Fran/Paid To Jul 6/2 010 To Jul 12/2010 Chq# I----- General -----I ntry Explanation Bld ----------- Act Rec# Rcpts Disbs ------- I p ---- 3018 Fischer, Laura Fees Inv# Acc Rc ts Di bs Balance 10-032 Rasp Lawyers MW Jul 6/2010 Lawyer: MLS 0.20 Hrs X 205.00 326068 Telephone call from Client regarding the Motion for 41.00 Commitment Jul 6/2010 Lawyer: MLS 0.20 Hrs X 205.00 326071 Telephone call to Attorney Adams to see if her Client is 41.00 planning to comply or not Jul 6/2010 Lawyer: MLS 0.20 Hrs X 205.00 327206 Telephone call from Client to get a status update on the 41.00 Petition for Contempt and Motion for Commitment Jul 9/2010 Lawyer: lc =1.00 Hrs X 75.00 327213 Drafted memo on motion for Commitment of Service 75.00 Jul 9/2010 Lawyer: lc 1.20 Hrs X 75.00 327218 Research on Motion for Commitment of Sentence 90.00 Jul 9/2010 Lawyer:, MLS` 1.00 Hrs X 205.00 327219 Drafted Motion for Commitment of, Sentence 205.00 Jul 12/2010 Lawyer: MLS 0.50 Hrs X 205.00 327208 Review and Revise motion for Commitment of Service due to 102.50 Defendant's lack of response to the Orders of Court ] G ' I TOTALS CHE UNBILLED + RECOV + FEES I I BILLED I I - BALANC PERIOD END DATE 0.00 0.00 0.00 0.00 595.50 595.50 = TOTAL 595.50 595.50 DISBS 0.00 0.00 + FEES + TAX - 2199.04 0.00 RECEIPTS 2199 04 ES = 0A00 .00 I TRUST 0.00 . 0.00 300.96 FIRM TOTAL PERIOD END DATE CHE 0.00 0.00 UNBILLED + RECOV 0.00 0.00 + FEES 595.50 595.50 I I = TOTAL 595.50 595.50 DISBS 0.00 0.00 BILLED + FEES + TAX 0.00 - 2199.04 00.00 .00 I I RECEIPTS 0.00 2199.04 - BALANCES = A/R 0.00 0.00 RUST 0.00 300.96 REPORT SELECTIONS - Client Ledger Layout Template Advanced Search Filter Requested by Finished Ver Matters Clients Major Clients Client Intro Lawyer Matter Intro Lawyer Responsible Lawyer Assigned Lawyer Type of Law Select From Matters Sort by New Page for Each Lawyer New Page for Each Matter No Activity Date Firm Totals Only Totals Only Entries Shown - Billed Only Entries Shown - Disbursements Entries Shown - Receipts Entries Shown - Time or Fees Entries Shown - Trust Incl. Matters with Retainer Bal Incl. Matters with Neg Unbld Disb Trust Account Working Lawyer Include Corrected Entries Show Check # on Paid Payables Show Client Address Consolidate Payments Show Trust Summary by Account Show Interest Interest Up To Show Invoices that payments Were Applied to Display Entries in Default None work2 Monday, July 12, 2010 at 04:58:11 PM 10.02b 10-032 All All All All All All All Active, Inactive, Archived Matters Default No No Dec 31/2199 No No No Yes Yes Yes Yes No No All All No No No No No No Jul 12/2010 No Date Order EXHIBIT LAURA y FISCHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNYSLVANIA V. CIVIL ACTION - LAW SCOTT T. (FISCHER) SWAB, Defendant NO. 08-6597 CIVIL TERM AND NOW, this 13`h day of July, 2010, I, Michelle L. Sommer, of Abom & Kutulakis, L.L.P., hereby certify that I sent a true and correct copy of the foregoing MOTION FOR COMMITMENT OF SENTENCE by placing a copy of the same in the United States Mail, postage prepaid, to the following- Jane Adams, Esquire 17 West South Street Carlisle, PA 17013 Attorney for Defendant Respectfully Submitted, ABOM & KUTULAMS, L.L.P. I Ain 1 47 G'l Michelle L. So er, Esquire Supreme Court ID No. 93034 2 West High Street Carlisle, PA 17013 Attomy for Plaintif f LAURA J. FISCHER, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6597 CIVIL TERM SCOTT T. (FISCHER) SWAB, Defendant IN RE: PLAINTIFF'S MOTION FOR COMMITMENT OF SENTENCE ORDER OF COURT AND NOW, this 21St day of July, 2010, upon consideration of Plaintiff's Motion for Commitment of Sentence, Defendant is directed to appear in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania, on Monday, August 2, 2010, at 3:45 p.m. ,-' Michelle L. Sommer Esq. 2 West High Street Carlisle, PA 17013 Attorney for Plaintiff Jane Adams, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Defendant ::rc s c F.s BY THE COURT, .- acLL c> c_ r_ V- r- W --r • 10. ORDER OF COURT AND NOW, this 2nd day of August, 2010, upon LAURA J. FISCHER, Plaintiff V. SCOTT T. (FISCHER) SWAB, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 08-6597 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR COMMITMENT OF SENTENCE/BENCH WARRANT consideration of Plaintiff's Motion for Commitment of Sentence and following a hearing at which Defendant's counsel appeared in the person of Jane Adams, Esquire, but Defendant did not appear, and at which the Plaintiff presented evidence in support of her motion, the Plaintiff's Motion for Commitment of Sentence is granted, the Defendant is directed to be incarcerated in accordance with the order of Court dated May 11, 2010, and a bench warrant is issued for the Defendant's arrest. The Defendant is directed to be brought before the Court upon his arrest as soon as is practical. It is further ordered that the Defendant pay within the immediate future additional attorney's fees to Plaintiff's counsel in the amount of $595.50. ? Michelle L. Summer, Esquire 2 West High Street Carlisle, PA 17013 For the Plaintiff Jane Adams, Esquire 17 West South Street Carlisle, PA 17013 For the Defendant J. .W ply 12 pcb l £S /Ytc`t ? ?G . S Lo?lO ?'? By the Court, LAURA J. FISCHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW SCOTT T. (FISCHER) SWAB CASE NO. 08-6597 Defendant CIVIL BENCH WARRANT TO THE SHERIFF OF CUMBERLAND COUNTY: You are hereby commanded by the Court of Common Pleas of Cumberland County, Civil Division, to take SCOTT T. (FISCHER) SWAB who stands charged in said Court for not appearing in court, and the Defendant is directed to be incarcerated, and forthwith bring the said person before the court upon his arrest as soon as possible, or one of the Judges thereof, for the purpose of commitment to the Cumberland County Prison. It is further ordered that the Defendant pay within the immediate future additional attorney's fees to Plaintiff's counsel in the amount of $595.50. Witness this 6th day of August, A.D., 2010. D vid D. Buell, Prothonotary Deputy