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HomeMy WebLinkAbout04-5935 Barbara Swnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, P A 17070 (717) 774-1445 CAROL A. SEMICK, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. 0 1- 5q j~ MARK P. SEMICK, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HA VB BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. 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 TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Barbara Sump1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CAROL A. SEMICK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARKP. SEMICK, Defendant CIVIL ACTION - LAW IN DIVORCE C-U"C /VL"f v. : NO. 04 - ~qJS COMPLAINT IN DIVORCE 1. Plaintiff is Carol A. Semick, an adult individual residing at 801 Erford Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Mark P. Semick, an adult individual residing at 801 Erford Road, Camp Hill, Cumberland County, Pennsylvania. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on October 5, 1996 in Cumberland County, Pennsylvania. 5. There are two (2) minor children born of this marriage: JessicaE. Semick, bomMarch 27, 1998; and Nicholas P. Semick, born May 20,2001. 6. The parties have finally separated on August 27, 2004. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with 93301 of the Pennsylvania Divorce Code, 2 INDIGNITIES 12. The averments in paragraphs 1 through 11, inclusive of Plaintiffs Complaint are incorporated herein by reference thereto. 13. Plaintiff is the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff and has been mentally cruel to her so as to make her life burdensome and her condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth, WHEREFORE, Plaintiff requests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. COUNT n EQUITABLE DISTRIBUTION 14. The averments in paragraphs 1 through 13 of Plaintiffs Complaint are incorporated herein by reference thereto. 15. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401 (d) of the Pennsylvania Divorce Code, 3 COUNT ill ATTORNEY'S FEES AND COSTS 16. The averments in paragraphs 1 through 15, inclusive, of PlaintitPs Complaint are incorporated herein by reference thereto. 17. Plaintiff is unable to sustain herself during the course of this litigation and has employed Barbara Sumple-Sullivan, Esquire as counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel, and the necessary and reasonable costs and expenses. WHEREFORE, Plaintiff requests an award of counsel's fees and expenses. COUNT IV CUSTODY COMPLAINT 18. The averments in paragraphs 1 through 17 ofPlaintitPs Complaint are incorporated herein by reference thereto. 19. Plaintiff seeks shared legal and primary physical custody of the following children: NAME PRESENT RESIDENCE DA TE OF BIRTH Jessica E. Semick 801 Erford Road Camp Hill, P A 3/27/1998 Nicholas P. Semick 801 Erford Road Camp Hill, P A 5/20/2001 20. The children are presently in the custody of Mother and Father who currently reside together at 801 Erford Road, Camp Hill, Cumberland County, Pennsylvania. 4 21. During the past five years the children have resided with the following persons at the following addresses: DATES ADDRESSES NAMES OF PERSONS IN HOUSEHOLD Birth to April, 2004 801 Erford Road Camp Hill, P A 17011 Mother, Father and children April, 2004 September 1, 2004 4800 Charles Road Mechanicsburg, P A 17055 Mother and children September 1, 2004 Present 801 Erford Road Camp Hill, PA 17011 Mother, Father and children The parties are presently married but separated. Father is in the process of physically vacating the marital residence. 22. The Mother of the children is Carol A. Semick, currently residing at 801 Erford Road, Cumberland County, Pennsylvania. 23. The Father of the children is Mark P. Semick, currently residing at 801 Erford Road, Camp Hill, Cumberland County, Pennsylvania. 5 24. The relationship of the Plaintiff to the children is that of Mother. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Carol A Semick Jessica E. Semick Nicholas P. Semick Mark P. Semick Self Daughter Son Husband 25. The relationship of the Defendant to the children is that of Father. The Defendant currently resides with the following person: NAME RELA TIONSHIP Mark P. Semick Jessica E. Semick Nicholas P. Semick Carol A Semick Self Daughter Son Wife 26. Plaintiff has not participated as a party ofa witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 27. Plaintiff has no information ofa custody proceeding concerning the children pending in any court in this Commonwealth, 28. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 29. The best interest and permanent welfare of the children will be served by granting the relief requested because Mother has been the primary parent for the children. She is going to 6 remain in the marital home with the children where they can stay in their normal and comfortable environment during the divorce proceedings. Also, Mother can provide a stable environment and promote the relationship between the children and Father. 30. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff request this Honorable Court reward Plaintiff shared legal custody and primary physical custody of the parties' minor children. WHEREFORE, Plaintiff, Carol A. Semick, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Equitably distributing the marital property; C. Awarding Plaintiff counsel fees, costs and expenses; D. Awarding Plaintiff shared legal custody and primary physical custody of the parties' minor children; and E. Awarding other relief as the Court deems just andre Dated: 1/ ~ 2). L) V ....... Baroara umple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court I.D, No. 32317 7 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 CAROL A. SEMICK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. MARK P. SEMICK, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELING 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 Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: II /;Z~ / /YI t~ t~.1~J- CAROL A. SEMICK Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 CAROL A. SEMICK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. MARKP. SEMICK, Defendant CIVIL ACTION - LAW IN DIVORCE VERIFICA TION I, Carol A. Semick, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE AND CUSTODY are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: 1/ J.:!J/Ot( ~ 4-~~eL CAROL A. SEMICK ~ ~Il. ....... ~ ~ ~ ~ -J -(L ""- v, j -v ,~ ,... --C<t OJ ~ & ()?~~ 888& J J J ~p~ ~~ K ~ "'" (") g ~; 4:- -- C') 0<: N 1.. \.0 o -n ~.." n'F'::; -{"'I In ~IJ? (-.~;u :r.: ::;, ~ ,::.~ ('') (") -' n ;- ) ~ ;") r ~ '2 ~' ...j C...l =-< -< (....) ~"'(_.. ~-j' ' t' ~' . f' ~ , ~ " j "', t" ~ Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 CAROL A SEMICK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-5935 MARK P. SEMICK, Defendant CIVIL ACTION - LA "V IN DIVORCE / CUSTODY ACCEPTANCE OF SERVICE I, Bradley A Winnick, Esquire, hereby accepts service and acknowledges receipt of the above- captioned Divorce/Custody Complaint on behalf of my client, .Mark P, Semick, having received said Complaint on the ~ t" day of 0<. (-eM be/" ,2004. I hereby indicate I am authorized by my client to accept service on his behalf (I Bradl y . Willrnck, Esquire Wiley, enox, Colgan & Marzzacco, P.e. 130 West Churc:h Street Dillsburg, P A 17019 (717) 432-9666 Supreme Court ID No. - , , (~~ .,-:~ l"",) = c::') ..J..- c:.? ...'1 c;.) ( , .011 ~ ~r;?: ,";'1 ~} (J. \ ; .. r, I ~ r' ".1 '-"1 "~' -~"J 1"',) (,J ~" q l,~ 1,\ r c, , ?"ns:r S CAROL A. SEMICK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5935 CIVIL TERM v. CIVIL ACTION - LAW MARK P. SEMICK, IN CUSTODY Defendant ORDER OF COURT AND NOW, this I<-~ day of January, 2005, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Order shall be effective upon the happening of Father's relocation outside of the marital residence presently scheduled to occur on or about January 19, 2005. 2. Leqal Custody. The parties, Carol A. Semick and Mark P. Semick shall have shared legal custody of the minor children, Jessica E. Semick born March 27, 1998, and Nicholas P. Semick born May 20, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. ~5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Phvsical Custody. The parties shall share parenting time with the children in the following fashion: A. Father shall have custody commencing January 19, 2005 (assuming Father has then vacated the marital residence) each week on Tuesday commencing at 6:00 p.m. and continuing until Mother gets off of work on Thursday. Mother will then have custody of the children each Thursday evening from 5:00 p.m. until 8:00 p.m., when the children are returned to Father. B. Commencing on January 28, 2005, Father will have custody on alternating weekends from Friday after work until Sunday at 4:00 p.m. However, in the event that Father is out of town on Friday evening for that custodial weekend, Mother shall have custody from 5:00 p.m. until 8:00 p.m. on the Wednesday preceding Father's custodial weekend. Father shall give Mother one-week notice if he intends to be out of town for the weekend, thereby switching her Friday evening period of custody to Wednesday. C. Commencing on January 21, 2005, Mother will have custody of the children from the time she gets out of work on Friday until Tuesday at 6:00 p.m., on alternating weekends. 3. The parties stipulate and agree that the children shall attend East Pennsboro Township School District without regard to any changes which may occur in Father's residence. 4. Summer Vacation. Each parent shall be entitled to two non-consecutive weeks of custody for purposes of summer vacation which commence with that parent's custodial weekend. 5. Holidavs. The following holiday schedule shall take precedent over the regular schedule and the summer vacation schedule: A. Christmas. Each year Father shall have custody for Christmas Eve until 10:00 p.m. and from 5:00 p.m. to 8:00 p.m. on December 25th. Each year Mother shall have custody commencing at 10:00 p.m. on Christmas Eve until 5:00 p.m. on Christmas Day. B. Thanksqivinq, Easter, Memorial Dav. Independence Dav. Labor Dav. Mother shall have custody for Thanksgiving in odd numbered years. Father shall have custody for Thanksgiving in even numbered years. Father shall have custody for Easter in odd numbered years. Mother shall have custody for Easter in even numbered years. The parents shall alternate Memorial Day, Independence Day and Labor Day commencing with Father having custody for Memorial Day in 2005. The custodial period for these holidays shall be from 6:00 p.m. on the evening before the holiday until 6:00 p.m. on the day of the holiday, with the exception of Independence Day. The period of custody for Independence Day shall be from 9:00 a.m. on Independence Day (observed) until 9:00 a.m. on the Following day. Dis\: --Elarbara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland. PA 17CS<V 'Z .Yfadley A, Winnick, Esquire. 130 W, Church Street. Suite 100, Dillsbur(l. PA 17019 ~ :242944 ~o~ O\'~ I',' " ,.i_.' ~', .,,,....... ,I: I,J C(' .7 11.1 .;;v'(, :":'.J q? ""'f (0' 07 ~, (.. i;," J' .;..(. iu\,'j;~')r<c,.~.~o:i-:j 3Hl :!O 38d:io-(]~nbl Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5935 CIVIL TERM CAROL A. SEMICK, v. CIVIL ACTION - LAW MARK P. SEMICK, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Jessica E. Semick Nicholas P. Semick March 27, 1998 May 20, 2001 Mother and Father Mother and Father 2. A Custody Conciliation Conference was held on January 12, 2005 with the following individuals in attendance: the Mother, Carol A. Semick, and her counsel, Barbara Sumple-Sullivan, Esquire; the Father, Mark P. Semick, and his counsel, Bradley Winnick, Esquire. 3. The parties reached an agreement in the form as attached L.Ai:;;lf.h8ZfVz.---; Melissa Peel Greevy, Esquire Custody Conciliator 1t.jJ~ ate :242944 , FIB 2 8 2005 'I,J S Ie CAROL A. SEMICK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5935 CIVIL TERM v. CIVIL ACTION - LAW MARK P. SEMICK, IN CUSTODY Defendant ORDER OF COURT AND NOW, this L day of (VI ~ , 2005, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Order shall be effective upon the happening of Father's relocation outside of the marital residence presently scheduled to occur on or about January 19, 2005. 2. Leaal Custody. The parties, Carol A. Semick and Mark P. Semick shall have shared legal custody of the minor children, Jessica E. Semick born March 27, 1998, and Nicholas P. Semick born May 20, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. ~5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical CustodY. The parties shall share parenting time with the children in the following fashion: A. Father shall have custody commencing January 19, 2005 (assuming Father has then vacated the marital residence) each week on Tuesday commencing at 6:00 p.m. and continuing until Mother gets off of work on Thursday. B. Commencing on January 27, 2005, Father will have custody on alternating weekends from Thursday after work until Sunday at 4:00 p.m. However, in the event that Father is out of town on Friday evening for that custodial weekend, Mother shall have custody from 5:00 p.m. until 8:00 p.m. on the Wednesday preceding Father's custodial weekend. Father shall give Mother one-week notice if he intends to be out of town for the weekend, thereby switching her Friday evening period of custody to Wednesday. ~ NO. 04-5935 CIVIL TERM C. Commencing on January 21, 2005, Mother will have custody of the children from the time she gets out of work on Friday until Tuesday at 6:00 p.m., on alternating weekends, 4. The parties stipulate and agree that the children shall attend East Pennsboro Township School District without regard to any changes which may occur in Father's residence., 5. Summer Vacation. Each parent shall be entitled to two non-consecutive weeks of custody for purposes of summer vacation which commence with that parent's custodial weekend. 6. Holidavs. The following holiday schedule shall take precedent over the regular schedule and the summer vacation schedule: A. Christmas. Each year Father shall have custody for Christmas Eve until 10:00 p.m. and from 5:00 p.m. to 8:00 p.m. on December 25th. Each year Mother shall have custody commencing at 10:00 p.m. on Christmas Eve until 5:00 p.m. on Christmas Day. B. Thanksaivina. Easter. Memorial Dav. Independence Dav. Labor Dav. Mother shall have custody for Thanksgiving in odd numbered years. Father shall have custody for Thanksgiving in even numbered years. Father shall have custody for Easter in odd numbered years. Mother shall have custody for Easter in even numbered years. The parents shall alternate Memorial Day, Independence Day and Labor Day commencing with Father having custody for Memorial Day in 2005. The custodial period for these holidays shall be from 6:00 p.m. on the evening before the holiday until 6:00 p.m. on the day of the holiday, with the exception of Independence Day. The period of custody for Independence Day shall be from 9:00 a.m. on Independence Day (observed) until 9:00 a.m. on the following day. J. Dis!: ~bara Sumple-Sullivan. Esquire. 549 Bridge Street, New Cumberland. PA 17070 JWadley A. Winnick. Esquire. 130 W. Church Street. Suite 100, Dillsburg. PA 17019 ~ \\~~\ ~o~ \j:NV\lAS~,,;:{j~~1 ;\LNnC::-::, .--,: i-~t ;~:'.'3~/':ilJ SS :01 W1 Z- Bill-! SOuZ i\L:\'lC;\!C. un2d:l:-il '-:0 j): ~;}-{j:rH~ CAROL A SEMICK, FIB 2 8 ZOOS r" iLl) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-5935 CIVIL TERM v. MARK P. SEMICK, CIVIL ACTION - LAW IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Jessica E. Semick Nicholas P. Semick March 27, 1998 May 20, 2001 Mother and Father Mother and Father 2. A Custody Conciliation Conference was held on January 12, 2005 with the following individuals in attendance: the Mother, Carol A Semick, and her counsel, Barbara Sumple-Sullivan, Esquire; the Father, Mark P, Semick, and his counsel, Bradley Winnick, Esquire. 3. The parties reached an agreement. The conciliator submits a corrected Order of the agreement in the form of as attached. ~J /03 Date wr;;J~ Melissa Peel Greevy, Esquire Custody Conciliator I :242944 ( - d Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CAROL A SEMICK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 04-5935 MARK P SEMICK, Defendant CIVIL ACTION - LAW IN DIVORCE / CUSTODY PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: I. Ground for Divorce: Irretrievable breakdown under 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service on December 9, 2004. 3. Date of execution of the affidavit of consent required by 3301(c) ofthe Divorce Code: by Plaintiff December 23, 2005; by Defendant December 28, 2005, 4. Related claims pending: All matters have been resolved between the parties pursuant to the Marital Settlement Agreement dated December 23, 2005 and incorporated, but not merged, into the Decree. See paragraph 5, page 4 of the Agreement. I 5 Date Plaintiff's Waiver of Notice in 3301(c) Divor)i was filed with Prothonotary: January 9, 2006. Date Defendant's Waiver of Notice in 3301( Divor was filed with Prothonotary: January 9, 2006. ~ Dated: January 9, 2006 / Barbara Sump e-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court ill #32317 Attorney for Plaintiff { . Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 CAROL A SEMICK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 04-5935 MARK P SEMICK, Defendant CIVIL ACTION - LAW IN DIVORCE / CUSTODY CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows Dated: January 9, 2006 Bradley A. Winnick, Esquire Wiley, Lenox, Colgan & Marzzacco.P}. 130 West Church Street / DilhhOC&:A 17019 ~ ( Barbara Sumple-Sullivan 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court ill #32317 Attorney for Plaintiff C) C" "',,) ~.-? . -'.' J....r, '-- I ,-;:J -,.., f') () -I) .-\ yll::n r-' I"" r--' ',' C,' -f: c> it} Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 CAROL A. SEMICK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 04-5935 MARK P. SEMICK, Defendant CIVIL ACTION - LAW IN DIVORCE / CUSTODY AFFIDAVIT OF CONSENT I A Complaint in Divorce under Section 3301(c) ofthe Divorce Code was filed on November 29, 2004, 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 5. I verifY that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: jJ-./f<5!o> ct/:t;lc~(~ "') (- r-,~, "'.~:;J , .:-~.. '.T" I "'-.0 ".J o -f'J :~J i:'~; , C) iri Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 CAROL A SEMICK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 04-5935 MARK P SEMICK, Defendant CIVIL ACTION - LAW IN DIVORCE / CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 statement herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. DATE: ( ~j~&})" cuC~;LL,~ o -0 "'J f1;~~ I ,._.~ \.0 p.,) - Barbara Sumple-Sullivan, Esquire Supreme Court #323] 7 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 CAROL A SEMICK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5935 MARK P SEMICK, Defendant CIVIL ACTION - LAW IN DIVORCE I CUSTODY AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 29, 2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 5. I verifY that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. DATE: /J.1a6 105' IJ11aj I' dJ;VuJ Mark P Semick ,...J ",~:;) ,-;"::) ',::i.. ,- o -n ..,.j -.:e-n I-;.\p iTi ,; , I UJ -:.'. t:;) .c:- Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 CAROL A. SEMICK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v, NO. 04-5935 MARK P SEMICK, Defendant CIVIL ACTION - LAW IN DIVORCE / CUSTODY WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 ofthe 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 statement herein are made subject to the penalties of 18 Pa.C.S. 34904 relating to unsworn falsification to authorities. DATE: /-;). /a. 5 /05 /Jl1zJ, I ~ Mark P. Semick "'" = ,~ CT" '- ::;;". "",..- o .'n .-1 ::I:.,.., rnp:: -..-,)n:: ',c/ :_->,C~ '.,-, ;;~ ~:2 I \D ~~",: r-:.? MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 2 j day of lJiE-/~~J2(7200S, by and between MARK P. SEMICK, hereinafter referred to as "HUSBAND," and CAROL A. SEMICK, hereinafter referred to as "WIFE," WITNESSETH, That WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on October 5, 1996, in Cumberland County, Pennsylvania; WHEREAS, are children were two (2) minor children born of this marriage, Jessica E. Smick, born March 27, 1998 and Nicholas p, Semick, born May 20, 2001; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each oth(:r arising out of the marriage relationship or otherwise, including without limitation (I) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; and (3) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND Final- 12/8/2005 '. and WIFE, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. Wn1E has been independently represented by Barbara Sumple-Sullivan, Esquire HUSBAND has been independently represented by Bradley A. Winnick, Esquire. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations. Each party acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes, which led to, or resulted in, the continuation of their living apart. HUSBAND and Final - 12/8/2005 2 ',' WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL DISCLOSURE The parties have fully complied with the other's requests for disclosure of income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised, Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. The parties agree that the Affidavits of Consent and the Waivers of Notice shall be signed simultaneously with this Agreement. Final. 12/8/2005 3 5. SUBSEOUENT DIVORCE A decree in divorce, entered by the court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt reconciliation. This Agreement shall continue in full ~orce and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement, A. Each party hereby absolutely and unconditionally rdeases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which Final - 12/812005 4 either may have or at any time hereafter have for past, present OJ[ future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out ofthe marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof Neither party shall have any obligation to the other not expressly set forth herein, B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or thl) United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations ofthe parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other 8. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or aSSIgns, Final - 12/8/2005 5 9. SEVERABILITY If any provision in this Agreement is held by a c.ourt .of competent jurisdicti.on t.o be invalid, void, or unenf.orceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired .or invalidated in any way, 10. ENTIRE AGREEMENT HUSBAND and WIFE d.o hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either .of them to the other f.or the purposes set forth in the preamble hereinab.ove; that there are n.o claims, promises .or representations not herein c.ontained, either oral or written, which shall or may be charged or enforced or enf.orceable unless reduced to writing and signed by both .of the parties heret.o. 11. BINDING EFFECT OF AGREEMENTIW AIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure .of either party t.o insist up.on strict perf.ormancf: .of the provisi.ons of this Agreement shall n.ot be construed as a waiver .of any subsequent default .of the same .or similar nature, n.or shall such failure be c.onstrued as a waiver of any other term, condition, clause .or provision .of this Agreement. Final - 12/8/2.0.05 6 12. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 14. TAX RETURNS The parties agree that in the future if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax returns which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility ofthe party found to have failed to provide the necessary information leading to the tax assessment or whose intentional or grossly negligent errors or omissions in reporting or failure to report or file income resulted in the assessment In that situation, the party responsible for the assessment ofliability shall indemnifY and save harmless the other from all additional tax, penalty, and interest If the liability is the result of a computation error or an error not attributable to the intentional or grossly negligent Final- 12/8/2005 7 conduct of either party, the parties shall share equally in all future tax liability or tax assessment, penalties and interest, SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital and marital personal and household property, including but without limitation to jewelry, clothes, furniture and other assets. The parties agree that all assets in the possession of WIFE as of the date of execution of this Agreement shall be the sole and separate property of WIFE. The parties agree that all assets in the possession of HUSBAND as of the date of execution of this Agreement shall be the sole and separate property of HUSBAND" Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. Final - 12/8/2005 8 B. REAL ESTATE The parties jointly own property at 801 Erford Road, Camp Hill, Cumberland County, Pennsylvania, Said house is encumbered by a mortgage held by Irwin Mortgage with a date of separation value of Seventy-Five Thousand Eight Hundred Fifty Dollars and 59/100 ($75,850,59), The parties agree that the current equity in the home is approximately Eleven Thousand Eight Hundred Sixty Dollars and 00/100 ($11,860,00). WIFE desires to maintain sole ownership of the house and reside therein. HUSBAND agrees to convey his interest in this real estate to WIFE. WIFE agrees that she will refinance or otherwise secure HUSBAND's release from the existing mortgage debt as soon as she is financially able, but in no event, later than eight (8) years from thl: date of this Agreement. Pending refinance, WIFE shall be solely responsible, and hold HUSBAND harmless, for any past, present and future principal, interest, penalties and costs related to the mortgage as well as any taxes, insurance and/or any debts associated with the real estate. HUSBAND agrees to execute a deed simultaneously with the execution of this Agreement wherein he assigns, conveys and transfers to WIFE all of his interest, rights and title in the marital residence. The deed transferring sole interest in the home to WIFE shall be recorded if approved and acceptable by the parties' mortgage company, If it is not approved by the mortgage company and, in order to avoid any acceleration of the mortgage balance, the executed deed shall be retained by WIFE's attorney until the refinance can occur. In the event of WIFE's death prior to refinance, the house shall be sold and the net proceeds shall be the sole property of her estate after satisfaction of the cash payment set forth in paragraph G. of this Agreement. In the event WIFE does not secure Final - 12/8/2005 9 refinance or otherwise remove HUSBAND'S name from the mortgage in eight (8) years from the date of this Agreement, the house shall be listed for sale. Upon the event of sale, the net proceeds, after satisfaction of all regular closing costs and expenses and satisfaction of the cash payment due to HUSBAND pursuant to paragraph G. below, shall be paid to WIFE. In the event WIFE decides to sell the marital home for any reason prior to the expiration of her refinance, HUSBAND shall be offered a first right of refusal to purchase the property. If the home is purchased by HUSBAND, it shall be purchased at the fair market value of the home at the time of sale, to be determined by an agreed upon appraiser In the event that WIFE has not yet made the Six Thousand Dollar and 00/100 ($6,000.00) cash payment contemplated by paragraph G, below, this sum shall be subtracted from HUSBAND'S purchase price. If HUSBAND declines the first right of refusal offer, the home may then be offered for sale to a third party. Upon sale to the third party, HUSBAND shall receive payment of the Six Thousand Dollars ($6,000.00) contemplated by paragraph G, hereof Any right of HUSBAND for first refusal shall terminate upon WIFE's payment to HUSBAND the cash payment set forth in paragraph G. below. C. MOTOR VEHICLES At the time of separation, each party drove a 2004 Suzuki XL- 7 which were encumbered. The vehicles were dealt with incident to the parties' bankruptcy. Each party subsequently acquired a new vehicle which is non-marital and which shall be the sole property and liability of the respective party, Final - 12/8/2005 10 ". D. FINANCIAL ASSETS The parties shall each maintain any checking, savings, or other financial account as titled in their individual names. E. PENSIONS AND EMPLOYMENT BENEFITS During the marriage and through WIFE's employment, she has earned certain benefits from the State Employees Retirement System. WIFE also had a deferred compensation account through the Commonwealth, all of which funds were withdrawn after the parties' first separation in April of 2004 and dissipated. WIFE shall retain ownership and control of her SERS pension and HUSBAND releases and waives any and all claims to said benefits. During the marriage and through HUSBAND's employment, HUSBAND has acquired retirement benefits with Fry Communications, Inc. Retirement Plan, which plan is adjusted through investment but had a date of separation value of Sixteen Thousand Five Hundred Fifty- eight Dollars and 32/100 ($16,55832). HUSBAND shall retain sole ownership and control of these benefits. WIFE waives any and all claims to said benefits. F. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name. Final - 12/8/2005 II '. G. CASH PAYMENT TO HUSBAND WIFE shall pay to HUSBAND the sum of Six Thousand Dollars ($6,000.00), This sum shall be due and payable on the earlier of the following events to occur: a) WIFE's sale of the home pursuant to paragraph B. of this Agreement; b) WIFE's refinance of the existing mortgage; c) WIFE's death; or d) The eighth anniversary of this Agreement, Under this section, WIFE agrees that HUSBAND can prepare and she will execute for filing a mortgage against the real estate to secure WIFE's obligation to HUSBAND for Six Thousand Dollars ($6,000.00), which mortgage HUSBAND can record in the Office of the Recorder of Deeds of Cumberland County. 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities, At the time of separation, in addition to the mortgage and car loan previously set forth Final - 12/8/2005 12 -. above, certain marital debts existed, These debts were: I. AT&T Universal Card Acct No. 5491130315767970 ($ 4,01533) 2, Wells Fargo ($ 1,200.00) Acct. No. 8525002080 3, Wells Fargo ($ 423 00) Acct. No. 10507040372 4. Boscov's Credit Card ($ 85437) Acct. No, 210260676 5. MBNA America Credit Card ($ 9,336.17) Acct. No. 74973632392196 6. Sears Credit Card ($ 1,132.29) Acct. No. 5049940141481092 7. Bon Ton Credit Card ($ 1,143.29) Acct. No. 113015804 8. Juniper Bank Credit Card ($ 9,361.14) Acct. No. 5140210005473983 9, PSECU Loan ($ 2924.42) Acct. No. 179608448 ill 01 10. PSECU Visa ($ 5,634.17) Acct. No. 179608448 ill 09 II. Belco Loan ($11,945 99) Acct No. 68250 12. Belco Loan ($ 4,622.02) Acct. No, 843904 13, Bank of New York Loan ($14,146,00) 14. Children's Place Credit Card ($ 150.00) Acct. No. 601164442238 Final - 12/8/2005 13 , 15. Kohl's Credit Card Acct. No. 3087671 ($ 1,580.00) 16. New York & Co, Credit Card Acct. No. 55333 ($ 181,00) The parties have filed for bankruptcy and these debts have been discharged incident to those proceedings SECTION III 1. SUPPORT, ALIMONY PENDENTE LITE, ALIMONY Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony or alimony pendente lite. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony, alimony pendente lite and maintenance. THIS SPACE INTENTIONALLY LEFT BLANK Final. 12/8/2005 14 SECTION IV 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both pa~ . /' / / / ia ' /~tz~ B-ARBARA SUMPLE-SULLlVAN, ESQUIRE ~ ~ <L.-6A . Q...L.. " (~ CA . A, SEMI . WINNICK, ESQUIRE ~4,./;~ MARK P. SEMICK Final - 12/8/2005 15 . COMMONWEALTH OF PENNSYL VANIA ) ) SS, ) COUNTY OF CUMBERLAND Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared CAROL A. SEMICK, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief ''''73 / I; /J[)L c.. day o~//,I..., , '2005. My commission expires: NOTARIAl SEAL BAR8ARA SUMPlE-SUUlVAN Notary pubnc NEWCUMBERlAND BOROUGH CUMBERlAND COUNlY MV Commission Expire. NoY 15. 2007 (SEAL) COMMONWEALTH OF PENNSYL VANIA ) ) SS. ) COUNTY OF Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared MARK P. SEMICK who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief Affirmed and subscribed to before me this 21 yt day of ~, 2005. ~SIA1 J(7M5-AJ NOTARYPUBLI My commissi()J;\ el'pires: t,le'::..,:..,...,.,...... r-_m_...._-.----.-. . I I L..~ ~;IC,,:;'O. .- . ,~:~' 'i i.I.:' J:.:';,,\ .. -'~~-\J '-"--"<:, ',.:.."'/ "'-;. ','C' _/ (SEAL) :\i;I;,:,_ , ')deJ Final ~ 12/8/2005 16 ,.,'+= :+:f. ;t: . . . . . . . . . . . ;+: ;+:+':+;'fi +.+.:+; 'l':+: :+::+::t: :+: + :+:+ :+::+: 'l' :f.+'l' :+::+;:+:+'1' ;+: :+: ++'+':+:+:+:+'+:+::+::+: +++:+:+++:+::+:"" IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY PENNA. STATE OF . . . . . . . . . . . . . . CAROL A. SEMICK, 2004 - 5935 Plaintiff NO. VERSUS MARK P. SEMICK, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Defendant DECREE IN DIVORCE ;:x 1.'3Sl~' ~ , 'tvv. "-' - /6 (j , 2006 , IT IS ORDERED AND AND NOW, CAROL A. SEMICK , PLAINTIFF, DECREED THAT MARK P. SEMICK , DEFENDANT, AND Af~E DIVORCED FROM THE BONDS OF MATRIMONY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +. +. '*' + THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; All matters have been resolved between the parties pursuant to the Marital Settlement Agreement dated December 23, 2005 and incorporated, but not merged, into the Decree. f/"-) Bn~! ATTE'T~ . ~ ~~ {' ---- ROTHONOTARY . .. :+'+ '1'+:+::+:++ :f.'4o'+:+::+::+:;+::f+ +. :+' "':+:+:'f:f'4o''l':+' :+''f:+':+::+::f:+:'f:t::+: + + +.:+: +:+: :+: 'to +. 'f 'to 'f:+' +. + +. +", . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . . . . . . . . . . . . .n ~~_ t- '-"?l/r"r.~ r"'7' l. T .'. d"no :;tz;?' -7 "'1' 0 "/-~F-, ~-?lr;>s: ?r4?" ~7 F I'/'J'1"'yt ~,;? J-/}?J . J/ /..1 I /I/.l /