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HomeMy WebLinkAbout10-1955.ft 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -1 AW SHANNON M. PENICA, Plaintiff V. JAY G. PENICA, Defendant No. It) eG{M-' . IN DIVORCE/CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED 12V COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, 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 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. 0 , Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 V 3S?.00 r W a (717) 249-3166 _ i / 5 - Sb 1-8oo-99o-9io8 , ---------------- ,. 1/(/ .. ? / 3 /? )-3M AVISO PARR DEFENDER Y RECLAMAR DERECHOOS_ USTED HA SIDO DEMANDADO EN IA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por la Corte. Una decisi6n tambi6n ser emitida en su contra por cualquier otra queja o compensaci6n reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimomo, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, One Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECI.AMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTE SEA EMTTIDO, USTED PUEDE PERDER EL DERECHO A RECI.AMAR CUALQUIERA DE ELLOS. LISTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O IJ AME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17o13 (717) 249-3166 1-8oo-99o-91o8 Id its) The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 199o. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-8oo-99o-91o8 Maryann Murphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHANNON M. PENICA, Plaintiff v. JAY G. PENICA, Defendant No. IN DIVORCE/CUSTODY CO T I COMPLAINT UNDER SECTION 33ot(e) and 3301(d) OF THE DIVORCE CODE AND NOW comes SHANNON M. PENICA, by and through her attorney, Maryann Murphy, Esquire, who respectfully avers as follows: 1. Plaintiff is SHANNON M. PENICA who resides at 6346 Galleon Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is JAY G. PENICA who resides at 3o8 Candlelight Drive, Camp Hill, Cumberland County, Pennsylvania 17o11. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 2, 2001 in Dauphin County, Pennsylvania. 5. There have been no prior actions for divorce or for annulment between the parties. 6. Defendant is not a member of the Armed Forces of the United States of America or any of its Allies. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being handed down by the Court. 9. Plaintiff requests this Court to enter a Decree in Divorce from the bonds of matrimony. COUNT II CUSTODY 10. Plaintiff hereby incorporates by reference all of the averments contained in Count I of this Complaint. 11. Plaintiff and Defendant are the biological parents of two minor children: Isabella V. Penica, born October 5, 2002; and Noah J. Penica, born August 25, 2004. 12. Plaintiff and Defendant are currently sharing custody of the minor children. 13. During the lifetime of the children they have resided with the following persons at the following addresses: Date Address With Whom Birth -10/2003 114 Conoy Street Plaintiff, Defendant Harrisburg, PA Plaintiffs daughter 10/2003-4/2004 714 Carriage Lane Plaintiff, Defendant Mechanicsburg, PA Plaintiffs daughter 4/2004-11/2009 3o8 Candlelight Drive Camp Hill, PA Plaintiff, Defendant Plaintiffs daughter 11/20o9-present 6346 Galleon Drive Plaintiff, Plaintiffs Mechanicsburg, PA daughter and 308 Candlelight Drive Defendant Camp Hill, PA 14. Plaintiff has not participated as a parry or witness, or in any other capacity, in other litigation concerning the custody of the minor children in this or any other Court, except as set forth above. 15. Plaintiff has no information of a custody proceeding concerning the minor children pending in a Court of this Commonwealth or any other Court. 16. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the minor children, or claims to have custody or visitation rights with respect to the minor children. 17. Each parent whose parental rights to the minor children have not been terminated, and the persons who have physical custody of the minor children have been named as parties to this action. There are no other persons known to have or claim a right to custody or visitation of the minor children and therefore, no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties named herein. 18. The best interest and permanent welfare of the minor children will be served by granting shared legal custody and shared physical custody to the parents. WSEREFORE, Plaintiff requests this Honorable Court to enter a Decree dissolving the marriage between the Plaintiff and the Defendant, and granting them shared legal and physical custody of Isabella and Noah. Respectfully submitted, MaryanA Murphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 I.D. # 61goo Attorney for Plaintiff AFFIDAVIT I, SHANNON M. PENICA, verify that the statements made in the foregoing Complaint in Divorce 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. i lq/Jv Date S ON M. ENICA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHANNON M. PENICA, : Plaintiff ? R 5 5 ?ux.Q ?? :No. v c-, o IN DIVORCE/CUSTODY . JAY G. PENICA, ; Defendant - • STIPULATION FOR ENTRY OF CUSTODY ORDER : ,-- SHANNON M. PENICA (hereinafter referred to as "MOTHER"), and JAY G. PENICA (hereinafter referred to as "FATHER"), desiring to amicably settle and resolve the matter of custody with respect to Isabella V. Penica, born October 5,2002; and Noah J. Penica, born August 25, 2004, hereby stipulate and agree to the entry of an Order of Court awarding custody of Isabella and Noah as follows: z. The parents agree to share joint legal custody of Isabella and Noah. The parents agree that major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following an harmonious policy in the children's best interest. Each parent agrees not to impair the other parent's rights to shared legal custody of the children. Each parent agrees not to attempt to alienate the affections of the children from the other 0 0 parent. Each parent shall notify the other of any activity or circumstance concerning her or his children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with her or him as soon as possible. In accordance with 23 Pa.C.S.A. Section 53og, each parent shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either of them as a parent as authorized by statute. 2. The parents agree that they shall share physical custody of the minor children. FATHER shall have the children every Monday and Tuesday and MOTHER shall have the children every Wednesday and Thursday. The parents shall alternate weekends with the children from Friday through Monday morning. FATHER's residence shall be used for the purpose of school attendance. This schedule can be altered or modified by the parents' mutual agreement in the best interests of Isabella and Noah. 3. MOTHER and FATHER agree that the parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their children, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the children's schools, physicians, psychologists, or other individuals concerning their progress and welfare. 4. Holidays - The parents agree to the following schedule: a. Thanksgiving - Every year, MOTHER shall have the children from Wednesday through Friday morning and FATHER shall have the children from Friday morning through Saturday morning. b. Christmas - In 2009 and in al odd years thereafter, FATHER shall have the children from noon on Christmas Eve until noon on Christmas Day and MOTHER shall have the children from noon on Christmas Day until noon on December 26th. In 20io and in all even years thereafter, MOTHER shall have the children from noon on Christmas Eve until noon on Christmas Day and FATHER shall have the children from noon on Christmas Day until noon on December 26th. c. New Year's - It is agreed that this holiday shall fall in the year that New Year's Eve falls. In 2009 and in all odd years thereafter, MOTHER shall have the children from New Year's Eve at noon until New Year's Day at noon, and FATHER shall have the children from New Year's Day at noon until January 2nd at noon. In 201o and in all even years thereafter, FATHER shall have the children from New Year's Eve at noon until New Year's Day at noon, and MOTHER shall have the children from New Year's Day at noon until January 2nd at noon. d. Easter -Every year, FATHER shall have the children from 6:30 P.M. the Saturday before Easter until 6:30 P.M. on Easter Sunday. e. Mother's Day and Father's Day - MOTHER shall have the children for Mother's Day from 6:30 P.M. the Saturday before the holiday until 6:30 p.m. on Mother's Day; and FATHER shall have the children for Father's Day from 6:30 p.m. the Saturday before the holiday until 6:30 p.m. on Father's Day. f. Trick-or-Treat - In 2oio and in all even years thereafter, MOTHER shall have the children from after school until 8:30 P.M. In 2011 and in all odd years thereafter, FATHER shall have the children from after school until 8:30 p.m. If Trick-or-Treat falls on two different nights in the parents' neighborhoods, both parents shall have the children from after school until 8:30 P.M. g. Labor Day and Memorial Day - Whoever has the children the weekend before these holidays shall have the holiday until Tuesday morning. h. Fourth of July - In 20to and in all even years thereafter, MOTHER shall have the children from noon on the Fourth of July until July Sa` at noon. In 2011 and in all odd years thereafter, FATHER shall have the children from noon on the Fourth of July until July 5a' at noon. L The holiday schedule shall take precedence over the regular custody schedule. 5. Summer vacation - The parents agree that each shall have the children for two (2) weeks of vacation each year. A week shall be defined as seven (7) days. The weeks shall be nonconsecutive unless otherwise agreed between the parents. MOTHER and FATHER shall give each other thirty (30) days notice of their chosen weeks of summer vacation each, year. In the event both parents choose the same weeks, the parent who gives first notice shall prevail. 6. MOTHER and FATHER agree that this custody schedule can be altered or modified by their mutual agreement. 7. The parents agree to permit and support the children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parents with the routine schedule resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. Each parent must confer with the other parent before arranging regularly occurring extracurricular activities for the children which might interfere with the regular schedule. 8. The parents agree that during any period of custody, they shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication. The parents shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 9. The parents agree that each shall be entitled to reasonable telephone and e-mail contact with the children when in the custody of the other parent. io. The parents agree that neither shall permanently relocate if the relocations would necessitate a change in the regular schedule or if the relocation would result in a change of school for the children or exceed a twenty (ao) mile radius without a minimum notice of ninety (9o) days to the other parent. The ninety (9o) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements, either between themselves, within the Collaborative Law Process, or through mediation. If it is not possible to amicably resolve this issue, the ninety (9o) day notice will give the parents an opportunity to have the matter listed for a Court hearing. ii. Both parents agree to establish a no-conflict zone for their children and refrain from making derogatory comments about the other parent in the presence of the children and, to the extent possible, shall not permit third parties from making such comments in the presence of the children. Each parent shall speak respectfully of the other. The parents agree that communication should always take place directly between the parents, without using the children as intermediaries. 12. The parents agree that this Stipulation shall be submitted to the Court of Common Pleas of Cumberland County, Pennsylvania, for approval and for entry of an Order awarding custody as set forth herein. 13. The parents hereby request that this Honorable Court enter such an Order which shall replace and supercede any and all prior Orders and shall remain in full force and effect pending further Order of Court. RV WTlNESS WHEREOF, the parties have executed this Stipulation for Entry of a Custody Order on the date indicated below. to M Murphy, S ON M. PF..NICA Date Dawn S. Sunday, Esq. >*tG. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW SHANNON M. PENICA, Plaintiff No. 10-1955 Civil Term v. IN DIVORCE/CUSTODY JAY G. PENICA, ~ ~ ~~ Defendant r._. ~~, -~ a ~-~ ~ J + _~ AFFIDAVIT OF SERVICE - ~ ~. _. _ ~= .~_ ;-r~ . ~ ;.,; ~ ~} -- c_. =` I, Maryann Murphy, Esquire, depose and say: ~. That I am an adult individual residing in Cumberland County, Pennsylvania. 2. That on March 19, 2010, Dawn S. Sunday, Esquire, counsel for Defendant, Jay G. Penica, personally accepted service of a true and correct copy of the Complaint in Divorce and signed an Acceptance of Service which is attached hereto. ~~~~© Date -~ Maryann hy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 I.D. # 61900 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW SHANNON M. PENICA, Plaintiff v. JAY G. PENICA, Defendant No. ~ d ~ ~ ~ 5 Jt' ~~~ IN DIVORCE/CUSTODY ACCEPTANCE OF SERVICE I, Dawn S. Sunday, Esquire, counsel for Defendant, Jay G. Penica, in the Collaborative Law Process, do hereby depose and say that, on behalf of and on the authorization of Jay G. Penica, I personally received and accepted service of a true and correct copy of the Complaint in Divorce on the date written below. I understand that false statements herein are made subject to the penalties of i8 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~~c~(. ~ ~ aoid Date ~- Dawn S. Sunday, Esquire ' ~./ ~ , Maryann Murphy, Esquire PMB 2gfi 4902 Carlisle Pike Mechanicsburg, PA 1~0~0 (717) 730-0422 /1~ FILED-C#~r~C~ (1 ~[ it [j~nr~ ',1~ ~ '~' 2~lQ ~~:'~; ~`~ ~')a ~ : ~ G , _ _ ,, `_ MAR 2 3 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW SE[A-NNON M. PENICA, Plaintiff v. JAY G. PENICA, Defendant . 1,~ IN DIVORCE/CU5TODY ORDER OF COURT AND NOW, this _~~ day of , 2010, upon consideration of the attached Stipulation for Entry of Custody Order, TT IS HEREBY ORDERED AND DECREED that custody of Isabella V. Penica, born October 5, 2002 and Noah J. Penica, born August 25, 2004, shall be as follows: 1. The parents shall share joint legal custody of Isabella and Noah. Major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following an harmonious policy in the children's best interest. Neither parent shall impair the other parent's rights to shared legal custody of the children. Neither parent shall attempt to alienate the affeckions of the children from the other parent. Each parent shall notify the other of any activity or circumstance concerning her or his children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with her or him as soon as possible. In accordance with 23 Pa.C.S.A. Section 5309, each parent shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either of them as a parent as authorized by statute. 2. The parents shall share physical custody of the minor children. FATHER shall have the children every Monday and Tuesday and MOTHER shall have the children every Wednesday and Thursday. The parents shall alternate weekends with the children from Friday through Monday morning. FATHER's residence shall be used for the purpose of school attendance. This schedule can be altered or modified by the parents' mutual agreement in the best interests of Isabella and Noah. 3. The parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their children, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the children's schools, physicians, psychologists, or other individuals concerning their progress and welfare. 4. Holidays -The following is the holiday schedule: a. Thanksgiving -Every year, MOTHER shall have the children from Wednesday through Friday morning and FATHER shall have the children from Friday morning through Saturday morning. b. Christmas - In 2009 and in al odd years thereafter, FATHER shall have the children from noon on Christmas Eve until noon on Christmas Day and MOTHER shall have the children from noon on Christmas Day until noon on December 26~. In zoio and in all even years thereafter, MOTHER shall have the children from noon on Christmas Eve until noon on Christmas Day and FATHER shall have the children from noon on Christmas Day until noon on December 26~. c. New Year's -This holiday shall fall in the year that New Year's Eve falls. In 2009 and in all odd years thereafter, MOTHER shall have the children from New Year's Eve at noon until New Year's Day at noon, and FATHER shall have the children from New Year's Day at noon until January 2nd at noon. In 2oio and in all even years thereafter, FATHER shall have the children from New Year's Eve at noon until New Year's Day at noon, and MOTHER shall have the children from New Year's Day at noon until January 2nd at noon. d. Easter -Every year, FATHER shall have the children from 6:3o p.m. the Saturday before Easter until 6:3o p.m. on Easter Sunday. e. Mother's Day and Father's Day -MOTHER shall have the children for Mother's Day from 6:3o p.m. the Saturday before the holiday until 6:3o p.m. on Mother's Day; and FATHER shall have the children for Father's Day from 6:3o p.m. the Saturday before the holiday unti16:3o p.m. on Father's Day. £ Trick-or-Treat - In 2oio and in all even years thereafter, MOTHER shall have the children from after school unti18:3o p.m. In 2oii and in all odd years thereafter, FATHER shall have the children from after school until 8:3o p.m. If Trick-or-Treat falls on two different nights in the parents' neighborhoods, both parents shall have the children from after school unti18:3o p.m. g. Labor Day and Memorial Day -Whoever has the children the weekend before these holidays shall have the holiday until Tuesday morning. h. Fourth of July - In 2oio and in all even years thereafter, MOTHER shall have the children from noon on the Fourth of July until July 5th at noon. In 2oi1 and in all odd years thereafter, FATHER shall have the children from noon on the Fourth of July until July 5~ at noon. i. The holiday schedule shall take precedence over the regular custody schedule. g. Summer vacation -The parents shall each shall have the children for two (2) weeks of vacation each year. A week shall be defined as seven (7) days. The weeks shall be nonconsecutive unless otherwise agreed between the parents. MOTHER and FATHER shall give each other thirty (30) days notice of their chosen weeks of summer vacation each year. In the event both parents choose the same weeks, the parent who gives first notice shall prevail. 6. The custody schedule can be altered or modified by the mutual agreement of the parents. ~. The parents shall permit and support the children's access to ali family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parents with the routine schedule resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. Each parent must confer with the other parent before arranging regularly occurring extracurricular activities for the children which might interfere with the regular schedule. 8. During any period of custody, the parents shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication. The parents shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 9. The parents shall each be entitled to reasonable telephone and a-mail contact with the children when in the custody of the other parent. 10. Neither parent shall permanently relocate if the relocations would necessitate a change in the regular schedule or if the relocation would result in a change of school for the children or exceed a twenty (20) mile radius without a minimum notice of ninety (90) days to the other parent. The ninety (90) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements, either between themselves, within the Collaborative Law Process, or through mediation. If it is not possible to amicably resolve this issue, the ninety (go) day notice will give the parents an opportunity to have the matter listed for a Court hearing. i1. Both parents shall establish a no-conflict zone for their children and refrain from making derogatory comments about the other parent in the presence of the children and, to the extent possible, shall not permit third parties from making such comments in the presence of the children. Each parent shall speak respectfully of the other. Communication should always take place directly between the parents, without using the children as intermediaries. 12. There has been no prior action by the Court related to the custody of the minor children. i3. This Order shall replace and supersede any and all prior Custody Orders and shall remain in full force and effect pending further Order of Court. BY THE COURT: Distribution: /~r Plaintiff: Maryann Murphy, Esquire / For Defendant: Dawn S. Sunday, Esquire eoP~~ ~, 3/mow/~a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW SHANNON M. PENICA, Plaintiff No. io-1955 ~~ Term v. JAY G. PENICA, Defendant IN DIVORCE/CUSTODY AFFIDAVIT OF CONSENT i. A Complaint in Divorce under Section 33o~(c) of the Divorce Code was filed on March i9, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of i8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ~U~7~~ d Date S ENICA '~ ~ ~; -~s ~ ra:, ~~- ~ ° -~ --- ~ ~ ~ ~ _ ~ ~~ ~ o° ~ c:~ ~~ c c~ r~ ;~, :: rv r~ ~ --~ na IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW SHANNON M. PENICA, Plaintiff v. JAY G. PENICA, Defendant No. io-1955 ~~ Term IN DIVORCE/CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3„~o~(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of i8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. c ~ ~~ ~ ~ ~;; ._ .~ ~ v ~ © ~ i- ~° ~ Date S N M. ENICA ~ :~ ~ ~,.~-' rV corn ~` ~v ::~u IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW SHANNON M. PENICA, Plaintiff v. JAY G. PENICA, Defendant No. io-1955 ~~ Term IN DIVORCE/CUSTODY AFFIDAVIT OF CONSENT i. A Complaint in Divorce under Section 33oi(c) of the Divorce Code was filed on March i9, 2oio. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of i8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date ~- c ,~ a y CA ;~ n't n - ~ ~ ~ ~b ~ ~, r- ~ r- 4 cn cs n '~- O ~~ N '`' N ~7 -'C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW SHANNON M. PENICA, Plaintiff No. io-1955 Civil Term v. ~ ~ c~ ~~ IN DIVORCE/CUSTODIr€,~ ~ ~~ JAY G. PENICA, ~ ~ .~~'~ Defendant ~~ c o'~' , n ~ - .~ o ~~ -v ~ n ~~ WAIVER OF NOTICE OF INTENTION TO REQUEST ~~' ~ ~ 0 ter`' ENTRY OF A DNORCE DECREE UNDER ..~; rv ~ SECTION 3„~oi(c) OF THE DIVORCE CODE ~. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of i8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ~~ Date JAY .PENICA SHANNON M. PENICA, VS. JAY G. PENICA, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION °~ --~ ~~ s-n r. ~~ ~~ ~~ ~~ o~' --;~ _.~ NO. 10-1955 Civil Term CIVI'ER~ rn~ o ~' ~~-~ ~~ ~ PRAECIPE TO TRANSMIT RECORD ~ ,~.. ~,.. To the Prothonotary: ~~ [~..~ ~= c} rv Transmit the record, together with the following information, to the court for entry of a ~'rce decree: _,, ~- 1. Ground for divorce: Irretrievable breakdown under § (3301(c)) aad (Strike out inapplicable section.) 2. Date and manner of service of the complaint: Penaoally served ~ Dawa S- Saaday, E~quee, man~et forDebad~ oo Mcch 19.2010. Acapunoe of Sarvioe, dated Mesh l9, 2010, ~ by Dawn S. 3ooday, F.egtme, d bbd m Mee624, 21110. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce code: by plaintiff 10/7/2010 ; by defendant 10/13/2010 (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: N/A (2) Date of filing and service of the plaintiff's § 3301(d) affidavit upon the respondent opposing party: N/A 4. Related claims pending: All claims have been resolved by the Marital Settlement Agreement dated March 18, 2010. 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file ptaecipe to transmit record, a copy of which is attached: N/A (b) Date plaintiffs Waiver of Notice was filed with the Prothonotary: 10/15/2010 Date defendant's Waiver of Notice was filed with the Prothonotary: 10/15/2010 Attom for Plainti t SHANNON M. PENICA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JAY G. PENICA : No. 10-1955 Givil Term DIVORCE DECREE AND NOW, ~~~. Z ( I,D (O , it is ordered and decreed that SHANNON M. PENICA ,plaintiff, and JAY G. PENICA ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente life if any economic Gaims 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.") None. The Marital Settlement Agreement, dated March 18, 2010, is incorporated but not merged into the Divorce Decree By the Court, J. Prothonotary ~~~'9~' ~ ",~ 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Shannon M. Penica Plaintiff VS. Jay G. Penica Defendant FILE NO. 10-1955 , Civil 20 IN.DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the 21 st day of October 2010 hereby elects to resume the prior surname of Shannon Marie Walters and gives this written notice pursuant to the provisions of/ 4 P.S. 704. DATE: i O of name beinm resumed COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND , On the day of 20 ID , before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. FMION N M y ? . CUNKN WD hint On S. 2012 Notary Public "FILED-OFFICE OF THE PROTI NOTARY 2010 DEC -1 PM 1:25 CU PENMSYLVAtiA ,Y prl?; rll ? -Rv'QV"pG d ? aye Now „ ? aw?? . ?s.? DEC 0 9 2010 Shannon M. Penica Plaintiff VS. Jay G. Penica Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-1955 Civil Term IN DIVORCEICUSTODY QUALIFIED DOI EMC RELATIONS ORDER THIS CAUSE came upon the terms of the Decree of Divorce entered between the parties requiring a division of marital assets pursuant to the domestic relation law of the State of Pennsylvania, and pursuant to the terms of said Divorce Decree, the following Domestic Relations Order ("Order") is entered, and it is Ordered as follows: 1. This Order is intended to be a "Qualified Domestic Relations Order" ("QDRO") within the meaning of Section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code") and Section 206(d) of the Employee Rhtaent Income Security Act of 1974, as amended ("ERISA") and the Court retains jurisdiction to mbdify the Order for the purpose of meeting or monitoring its qualification as a QDRO. 2. The "Participant" is Jay G. Penica, whose last known mailing address is 308 Candlelight Drive, Camp Hill, PA 17011, and whose Social Security number and date of birth are contained in the attached Addendum. 3. The "Alternate Payee" is Shannon M. Penica, whose last known mailing address is 6346 Galleon Drive, Mechanicsburg, PA 17050, and whose Social Security number and date of birth are contained in the attached Addendum. 4. The plan to which this Order applies is the Ameriprise Financial Retirement Plan (the Flan"). The Administrator of the Plan is: Ameriprise Financial Employee Benefits A ommistrative Committee, c% Wells Fargo Bank, N.A., 901 Marquette Avenue, Suite 500, Milaneapolis, MN 55402, Attn: QDRO Administrator. QDRO Page 2 5. The Alternate Payee is hereby assigned 100.0% of the Participant's vested accrued benefit expressed as the Defined Benefit Account Balance under the plan determined as of the date the award is transferred into a separate account under the Plan in the Alternate Payee's name (the "Assigned Benefit"). The Participant's vested interest in the Retirement Plan shall be irrevocably reduced by the Assigned Benefit. After assignment of the calculated award to the Alternate Payee's Defined Benefit Account Balance under the Plan, the Participant shall be awarded all right, title and interest in and to the Participant's accrued benefits, as reduced above, under the Plan free and clear of any interest of the Alternate Payee. 6. Within a reasonable period after receipt of this Order, the Plan Administrator shall determine whether this Order is a QDRO and shall notify the Participant and the Alternate Payee of such determination. Within a reasonable time after the Plan Administrator has determined that this Order is a QDRO, the Plan Administrator shall take all such actions as are required to segregate within the Plan the calculated award determined above, which shall be reflected as a separate Defined Benefit Account Balance under the plan in the name of the Alternate Payee. The interest experienced by such Defined Benefit Account Balance maintained for the Alternate Payee is to accrue to such account. 7. The Alternate Payee may elect to take a lump sum cash distribution of the Assigned Benefit as soon as practicable after this Order is signed by the Court and approved by the Plan Administrator as a QDRO. The Plan shall hold and administer any benefit retained on behalf of the Alternate Payee in the Plan pursuant to the terms and provisions of the Code, ERISA and the Plan until the Alternate Payee's interest is distributed to her. The Alternate Payee shall be entitled to request distribution of her Assigned Benefit in any of the distribution forms allowed under the Plan (except for a qualified joint and survivor annuity with a subsequent spouse as beneficiary). 8. The Plan benefits of the Participant and the Alternate Payee shall remain separate, and the Plan shall not permit any election by either the Participant or the Alternate Payee to have any effect on the other's Plan benefit. 9. In the event of the Alternate Payee's death prior to the Alternate Payee receiving the calculated award called for under this Order, such Alternate Payee's beneficiary(ies), (or in the QDRO Page 3 absence of a beneficiary designation, her estate), shall receive the remainder of any unpaid benefits under the terms of this Order. 10. In the event that the Participant dies before the Alternate Payee receives her distribution in accordance with the terms of this QDRO, or before the establishment of separate account(s) in the name of the Alternate Payee, such Alternate Payee shall be treated as the surviving spouse of the Participant for any death benefits payable under the Plan to the extent of the full amount of her calculated award as stipulated herein. Should the Participant predecease the Alternate Payee after the separate account(s) have been established on her behalf, such Participant's death shall not affect the Alternate Payee's right to the portion of her calculated award as stipulated herein. 11. The Alternate Payee shall keep the Plan Administrator informed of her current mailing address and shall provide proof of age and other information and forms as the Retirement Plan may reasonably require. 12. Limitations. This Order shall not be construed to require the Plan, the Plan Administrator or a Plan fiduciary to: a. make any payment or take any action which is inconsistent with any federal law, rule, regulation or applicable judicial decision; b. Provide any type or form of benefit or any option which is not otherwise provided under the terms of the Plans; C. provide total benefits, under either Plan, having greater actuarial value than would have been payable in the absence of this Order; d. pay benefits to the Alternate Payee that are required to be paid to another alternate payee under another order previously determined to be a QDRO. QDRO Page 4 13. Additional ProviaiWm a. Service. A copy of the Order shall be served on the Plan Administrator. b. If the terms of this Order and the terms of the Plan conflict, the terms of the Plan shall prevail. C. The Plan Administrator may unilaterally modify any terms of this Order to the extent necessary to comply with applicable law. d. Neither the Plan, the Plan's sponsor, the Plan Administrator nor any Plan fiduciary shall be responsible for any attorney's fees incurred by the Participant or the Alternate Payee in connection with this Order. 14. The Assignment herein contemplated by the participant to the Alternate payee of the benefits from the Participant's qualified retirement plans constitutes an equitable distribution of the marital assets of the parties as divided by the Divorce Decree between the parties. DONE AND ORDERED ' Chambers, at Carlisle, Pennsylvania, Cumberland County, this day of -- DI- 20-LO. AGREED Rite to ?Paye?e???? P VINVAIASNN3d n03 olub7x3a / Attorne for Alternate P yee :z Wd ktorney for Participant 10, eDP;eS &a.]cd 1413110 ff-t ,i, 1VI0NQH108d 3141 43 331.?J3-0 11.,E Judge Oler entered the Decree in Divorce on October 21, 201.0. No other Judge has been assigned to this case. Distribution: For the Plaintiff: Maryann Murphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 For the Defendant: Dawn S. Sunday, Esquire 39 West Main Street Mechanicsburg, PA 17055