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Home My WebLink About05-1462 ;6 - Ii/h) , ~ AFFIDAVIT STATEOFPENNSYLVANIA ) )SS, COUNTY OF CUMBERLAND ) MICHELLE MARIE SWAB (JONES), the Affiant, being first duly sworn, deposes and states: L Affiant, MICHELLE MARIE SWAB (JONES), whose address is 21811 East 8 Mile Road, St. Clair Shores, Macomb County, Michigan 48080, is the Plaintiff in Macomb County Circuit Court Case Number 00-06803- DM, in which the attached certified, attested and exemplified Judgment For Unpaid Spousal Support and Judgment For Unpaid Child Support were granted in favor of Plaintiff against the Defendant 2. SCOTT THOMAS FISCHER, formerly known as SCOTT THOMAS SWAB, whose address is 849 Doubling Gap Road, Newville, Cumberland County, Pennsylvania 17241, is the Defendant in Macomb County Circuit Court Case Number 00-06803-DM, and with his wife, Laura J, Fischer, have ownership ofthe real property located in CUMBERLAND COUNTY, PENNSYLVANIA, described as: Parcel Identification Number 15-05-0413-092, as recorded in Deed Book 00248 at Page 02857 of the Cumberland County Reoords, and containing 45.31 acres. The address is 849 Doubling Gap Road, Newville, Pennsylvania 17241. 3. The Judgment held by Affiant against SCOTT THOMAS FISCHER, formerly known as SCOTT THOMAS SWAB, for unpaid sDousal support in the amount of Fourteen Thousand One Hundred Twenty-Four ($14,124,00) Dollars, is V ALtD, ENFORCEABLE AND UNSATISFIED. 4. The Judgment held by Affiant against SCOTT THOMAS FISCHER, formerly known as SCOTT THOMAS SWAB, for unpaid child support in the amount of Four Thousand Three Hundred Sixty ($4,360.00) Dollars, is VALID, ENFORCEABLE AND UNSATISFIED. Subscribed and sworn to before me this 11th day of March, 2005. c::::::..;:: COM;",1:::n'r'i;~~':) . .. :"/, ,0 Public umberland County, State ofPennsylv ia, y Commission Expires: I ~ - ol Y _ D C Drafted by E. Ptasnik, p.o. Box 366, Algonac, MI48001 ~,,'f);-.' 'cd JackJ:,: A.K~:' (,~~,~,f,," i"' ,,~>:.I~'I . ~,J out!! r~lidok~C';1 "" L,' ""'. 'L'!'\.1_U:~;:1'! My C01nmi;;sion :);'0. 14, 20~ Member. Pennsylvania Asscciation of No;arie8 When recorded, return to: Drafter ~\ \: ~ , '-- ~ ~ ~ ~ '0 ~ \) 'lJ "" . iii '...J\ ~n t '" t it} ~ ~ f~ ~ ~~~~ I:> ~~ .~~. ~,~."'\ t ~ , ~ t~.' ~ ~ " t \: ~ ~. ~ J . ,\ ." ,~~~'~ . ~ '" 'J;., 10. ~ ~\~~ ' ~ , A', tOY d, SCAO , STATEOFMICHIGAN ~ ,JUDICIAL DISTRICT Ib"" JUDICIAL CIRCUIT COUNTY PROBATE Court address 40 North Main, Mount Clemens, MI 48043 PROBATE OSM conE: EXIl. .-l-l~' CASE NO. , I' 00-6803-DM CERTIFICATION OF RECORDS ATTESTATION OF EXEMPLIFIED COPIES Court telephone no. 586-469-5351 Plaintiff Defendant v SCOTT THOMAS FISCHER (F/KJA SCOTT THOMAS SWAB) MICHELLE MARIE SWAB (JONES) IJuvenile iProbate In the matter of In the matter of ATTESTATION OF CLERK/REGISTER I am the clerk/register of the court and I attest that: L I am the custodian of the records of the 16th Circuit Court. 2. I have compared the annexed copies of: JUDGMENT DATED 5/11/04, CONSENT JUDGMENT OF DIVORCE DATED 6/25/04 MOTION FOR ENTRY OF CIVIL JUDGMENT FOR UNPAID SPOUSAL SUPPORT AND A CIVIL JUDGMENT FOR UNPAID SUPPORT OF THE MINOR CHILD from the above case with the originals on file and of record in this court, and I find the copies to be true copies of the whole of such originals. October 4, 2004 /A ~ __ ~t!'e,",,- ,,~h-r- Date Clerk/Register Carmella Sabaul:h ~e(type or print)() . r\)~ \>-.0 f' f' n f'\ -Y""'(,o ~, Do l Q;, Deputy Clerk/Register By: I CERTIFICATION OF JUDGE I I, TRACEY A. YOKICH , judge of the 16th Circuit Court, certify that the above attestation is in proper form and that the sign tl '.' " October 4, 2004 Date Bar no. MC202 (6/93) CERTIFICATION OF RECORDS/ATTESTATION OF EXEMPLIFIED COPIES 28 USC 1738 '(\ ',^ - v . ~ , ' ~ f \ STATE OF MICHIGAN 6/ZJ(oi 11:00 ,,1., ~ > IN THE CIRCUIT COURT FOR THE COUNTY OF MACOMB MICHELE MARIE SWAB, Plaintiff, vs, Case No: 2000-06803 DM :~ HON. PETER J. MACERONJ~ F SCOTT THOMAS SWAB, DefendanL / CONSENT JUDGEMENT OF DIVORCE i"',) U1 en At a session of said Court held in the City of ML Clemens, County of Macomb, State of Michigan on JijN 2 5 2~ PRESENT: HON. PETER J, MACERONI CIRCUIT COURT JUDGE This matter came before the Court, Plaintiff having entered her proofs, from which it satisfactorily appears to this court that the jurisdictional residency requirements and the statutory grounds for divorce have been established: IT IS HEREBY ORDERED AS FOLLOWS: L DISSOLUTION OF MARRIAGE The marriage between the Plaintiff MICHELE MARIE SWAB, ("Wife") and the Defendant, SCOTT THOMAS SWAB, ("Husband"), is dissolved and an absolute divorce from the bonds of matrimony is granted. " , < " . It SPOUSAL SUPPORT Husband shall pay Spousal support to the Wife in the amount of $428.00 per month at the rate of $214.00 on the first and fifteenth of each month, for a period of 36 months commencing on the date this judgment is entered. This amount shall be taxable to the Wife. Spousal support shall terminate upon the end of the 36 months, remarriage, or death of Wife, (All Spousal support shall be secured by all or any of Husband's life insurance policies on his life in an amount sufficient to pay such Spousal support after in the event of his death, as further provided herein.) III. CUSTODY OF THE MINOR CHILD The legal custody of the minor child of the parties: Heather Michele Swab, born August II, 1986 shall be awarded jointly to the Husband and the Wife, with physical custody awarded to the Wife, until the child reaches the age of 18 years or until her graduation from high school whichever is later or until the further order of the Court, Parenting Time shall be specific as follows; Husband shall receive: Alternate Thanksgiving -Wednesday Evening till Sunday Evening; Father in odd years Alternate Christmas - Christmas Eve till Dec 27, Father in even years; Alternate child's summer vacations- Last Day of school up to August I", Father in even years; Alternate child's Birthday- August 9th till August 17th, Father in odd years; Any other visitation must be discussed, and mutually acceptable to Wife, Husband and -2- '. . , Child. Since the Husband's residence is outside of the State of Michigan, Husband must bear aH cost of transportation to effectuate child's visits. The domicile residence of the minor children shall not be removed from the State of Michigan nor shaH either parent move outside of their respective states without the knowledge and approval of the Judge who awarded custody or the Judge's successor, or by mutual agreement. IV. SUPPORT OF THE MINOR CHILD The Husband shall pay child support directly to the Wife for support of the minor child the sum of $570.00 per month, payable in two increments of $286,00 each on the first and the fifteenth of each month, In the event Husband misses two payments, support will be paid through the Macomb County Friend of the Court. Such payments shaH continue until each child reaches the age of 18 years or until graduation from high school, no longer than the age of 19 and one-half years as long as the child is attending high school on a fuH time basis, with reasonable expectations of graduating and residing with the payee of support as provided by statute, or until further order of the Court. Father shaH be responsible to pay the foHowing expenses of the minor children: 1. One half of clothing expenses shaH be reimbursed by Father within 30 days of being presented a receipt for clothing purchased by Mother. 2. One half of aH school related trips, outings or supplies (IE; books, fees, pictures) when presented verification by Mother. 3, One half of all car insurance and related car expenses when child receives her drivers license until the age of 21. -3- The Husband shall maintain hospital, medical, dental and other health insurance for the minor child. The Husband shall pay 73% and the Wife 27% of any uninsured Health Care costs each year. Child support shall be secured by life insurance as set forth herein, The Husband shall notify the Friend of the Court in writing of the name, address and telephone number of his current employer or within 21 days of a change of employment. The Husband whose social security number is 173-56-2526, whose address is 293 Grand Central Parkway, Bayville, NJ 08721, and whose driver's license number is S 100 603 585108 Michigan, shall notify the Friend of the Court and the Wife in writing of any change in his address within 21 days of the change of address. The Wife whose social security number is 368-74-7893 whose address is 24504 Kelly Rd, Eastpointe, MI 48021, and whose driver's license number is S 100 603 585 108 Michigan, shall notify the Friend of the Court and the Husband in writing in any change in her address within 21 days of the change of address. V, NO FRIEND OF THE COURT SERVICE FEE There shall be no Friend of the Court service fees as support will be paid directly to Wife. VI. NO ORDER REOUIRING IMMEDIATE INCOME WITHHOLDING No Order oflmmediate Income Withholding shall be entered pursuant to P .A. 296 of 1990 (MCLA 552.604, 552,61la and 552,619). -4- VII. SUPPORT PAYMENT TO HAVE FORCE AND EFFECT OF JUDGMENT WHEN DUE: NO RETROACTIVE MODIFICATION Except as otherwise provided in Section 3 of the Support and Parenting Time Enforcement Act, Act No, 295 of the Public Acts of 1982, being Section 552.603 of the Michigan Compiled Laws, a support order that is part of a judgment or is an order in a domestic relations matter as that term is defined in Section 31 of the Friend of the Court Act, Act No. 294 of the Public Acts of 1982, being Section 552,531 of the Michigan Compiled Laws, is a judgment on and after the date each support payment is due, with the full force, effect and attributes of a judgment of this state, and is not, on and after the date it is due, subject to retroactive modification. An 8 % fee will be added to support payments that are past due as provided in Section 3(a) of the Support and Visitation Enforcement Act, Mich, Compo Laws ~552.603(a) (1979), VIII. DIVISION OF PROPERTY AND PROVISION IN LIEU OF DOWER The Wife shall be awarded the following assets as her sole and separate property, free and clear of any claim of the Husband, subject to any indebtedness thereon, from which she shall hold Husband harmless: I. 1994 Chevy Lumina Euro 2, 3/8 of 100 percent of Husband's Military Retirement Pension coming from either his Active Duty and/or Reserve Status (or a portion of any other pension, that this maybe rolled into an (IRA)) 3, SGU policy to name Heather Michele Swab as 100% beneficiary for as long as policy is in effect, and any other future Life Insurance policies to designate -5- Heather Michele Swab as 51 % beneficiary. 4, All personal property in her possession and control. 5, 50 % of any lump sum payment that may be given to Husband by the Military upon his exit from service, The Husband shall be awarded the following assets as his sole and separate property, free of any claim of the Wife, subject to any indebtedness thereon from which he shall hold Wife harmless: 1. Husband's home located at 5 Grimm St, Franklin, PA 16323, being more particularly described as follows (Wife will execute a Quit Claim Deed): 2. 1974 Chevy Blazer (Already in Husband's possession) 3, All personal property in his possession and control. 4. 5/8 of 100 percent of Husband's Military Retirement Pension coming from either his Active Duty and/or Reserve Status, 5, 50 % of any lump sum payment that may be given to Husband by the Military upon his exit from service, The provisions of this Judgment are in lieu of any dower interest which either may have in the lands of the other. They shall hereafter hold their remaining lands free, clear and discharged from any other dower, rights or claims that the other may have in any property which they own or may hereafter own or in which they have or may hereafter have any interest. VIX DISCLOSURE OF ASSETSIDEBITS Each party acknowledges that each has fully disclosed to the other all assets in which that party has an interest, and debts which he/she may be liable and that this Judgement of Divorce disposes of all such assets and debts, To the extent that either party has concealed or otherwise -6- not disclosed an asset, then the other party shall have the right to petition the Court to request that such asset be distributed in accordance with Sands v Sands 442 mich 30 (1993), X. PENSION. ANNUITY OR RETIREMENT BENEFITS Except as provided in the Judgment, each party is individually awarded his or her own interest that either may have in and to all of the following: 1. Any pension, annuity or retirement benefits 2, Any accumulated contributions in any pension, annuity or retirement system; 3, Any right or contingent right in and to unvested pension, annuity or retirement benefits, XL ATTORNEY FEES AND COSTS The Husband shall pay half of all filing fees, paperwork cost and time for preparation to Wife when presented with a final bill within 30 days of this judgement. XII. RESTORATION OF NAME The Wife shall hereafter have restored to her the name of Michele Swab-Jones, -7- XIII. INCOME TAX PROVISION The Wife will be entitled to take all of the deductions and exemptions for the minor child, XIV STATUTORY INSURANCE PROVISION Husband shall name the minor child as sole irrevocable beneficiary, on all life insurance policies until said child attains the age of 18 years or graduate from high school, whichever is later, but not beyond the age of 19 Ih years. After that time stated above, Husband shall maintain life insurance with Child listed as 51 % beneficiary, Husband shall supply proof to Wife that he has complied with the insurance provisions of this Judgment of Divorce within 30 days of entry of the same, Wife shall have the independent right to confirm the beneficiary status of the child each year. Child shall receive copy of designation once each year from Father after her 19th birthday, Husband will provide Wife with a copy of his life insurance policy, He will provide her with a copy of the beneficiary designation and once per year in December, he will provide her with evidence that he has continued to maintain that policy in full force and effect with the necessary beneficiary designation. He will not be entitled to borrow against the policy if borrowing is permitted unless that borrowing does not effect the payment to minor child of the death benefit, and he will not be permitted to pledge the policy as security for any loan or debt. And in the event for any reason at the time of Husband's death this policy is not in effect or some other person has been named beneficiary, Child would be entitled to an equable lien superior to any other designee so that she would receive the insurance benefits to which she is -8- entitled under this provision, XV. STATUTORY DOWER PROVISIONS The provisions made for the Plaintiff and Defendant in the property settlement contained herein, are in lieu of their dower in lands of the other party and that the parties shall hereafter hold their remaining lands free, clear and discharged from any such dower right or claim and said provisions shall also be in full satisfaction of all claims that the parties may have on any property which the parties may own, or hereafter own, or in which they have, or may hereafter have any interest in. XVI. RECORDATION OF JUDGMENT Each party shall execute, acknowledge and deliver to each other, as and when required, any and all insurance applications, titles, and/or other instruments of release, assurance, assignment, transfer or conveyance, in order to effectuate the terms and provisions hereof; provided that in the event either of said parties shall fail, refuse or neglect to execute, acknowledge and deliver any instrument required to implement the terms and provisions of this Judgment, then and in that event, said Judgment shall be self executing and shall stand in the place and stead of any of the instruments required hereunder; further, a certified copy of this Judgment may be recorded in the offices of any Register of Deeds, Secretary of State, stock transfer agent or other public office thereto to have the same force and effect as if such instrument had, in fact, been executed, -9- ,.' -''', / '\ , XVII IMPLEMENTING JUDGMENT Each party shall take any and all steps to execute, acknowledge and deliver to the other party any and all further instruments and assurances that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Judgment. In the event either party fails to do so, this Judgment may be recorded with the appropriate Register of Deeds as a self-executing conveyance, XVIII, RETENTION OF JURISDICTION The Court shall maintain continuing jurisdiction for the purpose of enforcing, but not modifying, the executory provisions of the parties' settlement agreement as set forth in this Judgment of Divorce. Either party may petition the Court for such relief as may be appropriate up'" "" fa;l= of"" ,,"" pa"y <0 'oopernk ;0 "" "~'" " p"';'" (Oe h",in. "'-- // -~ ~ CIR IT COURT JUDGE Approved as to form and substance: h1/~ YntVtu- ~ MICHELE MARIE SWAB, Plaintiff (In Pro Per) Calii;;J~>>/. ~ SCOTT HOMAS SWAB, Defendant SHARON M, KIRWAN Ilalary PublIC, State of New Jemr No, 2214884 ~lifjed in Ocean Counlr Olmmission ExpIres June 22, 2003 Notary Signatures: S \\J::D...J::J\ ~'A ~ ~\\O\ -10- . ." " , , STATE OF MICHIGAN ,. @ IN THE CIRCUIT COURT FOR THE COUNTY OF MACOMB . >' MICHELLE MARIE SWAB (JONES), Plaintiff, Case No: 00- 06803-DM vs, Hon, PETER J. MACERONI SCOTT THOMAS FISCHER (F/KlA SCOTT THOMAS SWAB), Defendant I EDWARD R PTASNIK (P31582) Attorney for Plaintiff 42770 Van Dyke Avenue, Ste, 2 Sterling Heights, MI 48314 (586) 254-5555 I Fax 254-5586 SCOTT THOMAS FISCHER (F/KlA SCOTT THOMAS SWAB) Defendant In Pro Per 849 Doubling Gap Road Newville, PA 17241 .--) .~ ') ;:;- --- \.........1 6' "" :-:~. I c.-.? 1 MOTION FOR ENTRY OF CIVIL JUDGMENT FOR UNPAID SPOUSAL SUPPORT AND A CIVIL JUDGMENT FOR UNPAID SUPPORT OF THE MINOR CHILD The Plaintiff, MICHELLE MARIE SWAB (JONES), custodian of the minor child of the parties, moves this honorable court to grant a civil judgment in the amount of $14,124,00, the current amount of unpaid spousal support due from the Defendant under the Judgment of Divorce entered by this honorable court on June 25, 2001, and that the court further enter a civil judgment in the amount of the current arrearage in the monthly support for the minor child, a sum in excess of $4,360.00, and to grant interest on those sums at the rate of interest permitted for judgments in the State of Michigan. Plaintiff makes this motion for the following reasons: 1 . > , '." 1, .. '~ 1. In the Judgment of Divorce, the Defendant father agreed to pay spousal support in the amount of $428,00 per month for a period of 36 months from the date of the entry of the Judgment of Divorce on June 25, 2001. 2, The Defendant has paid nothing on the spousal support due, and there is currently an arrearage in the amount of $14,124.00, with an expected continuing failure by Defendant to pay the additional $1276,00 falling due for the months of April, May and June of 2004. 3. Further, the Defendant father agreed to pay support for the minor child of the parties, Heather Michelle Swab, in the amount of $570,00 per month until the child should turn 18 years of age, or graduated from high school; the minor child will turn 18 and be graduated from high school in August of 2004. 4, The Defendant has paid only $200.00 on the support for the minor child for the period since August of 2003, and Defendant currently owes the sum of $4,360,00, exclusive of the annual percentage of surcharge normally recorded by the Friend of the Court for such arrearages. 5. The Defendant has remarried, has moved to the State of Pennsylvania, and has changed his last name to that of his new wife, "FischeL" 6. On information and belief, the Defendant has taken these actions of moving and changing his name to thwart any attempts to collect the money due from him for the child support and spousal support due under the Judgment of Divorce. 7, The Judgment of Divorce, in Paragraph VII., states that the unpaid support payments are a "judgment", and Plaintiff is seeking a civil judgment in the amount of 2 ~ . , ,. ~. . $14,124.00 for the unpaid spousal support, and a civil judgment in the amount of $4,360,00 for the unpaid child support now due from the Defendant. 8. The Plaintiff is prepared to take such measures of litigation as will be in the best interests of the minor child to obtain payment of the civil judgment for child support with more alacrity than the overburdened mechanism now operating under MiSDU. WHEREFORE, the Plaintiff mother prays this court be moved to enter a judgment against the Defendant in the amount of $14,124.00 for unpaid spousal support, and a civil judgment in the amount of $4,360,00 for unpaid child support, with maximum interest allowed for each sum at the rate provided by the State of Michigan, or such greater relief as this honorable court may find warranted, together will costs and attorney fees for the burden of bringing this motion before this honorable court. The undersigned, being the Plaintiff and moving party in this cause, states that the contents of the foregoing motion are true to the best of her knowledge, information and belief. Dated: 3/)5/('4 wllL~ (t'c vJrb' "~ M CHELLE MARIE SWAB ( ONES) Plaintiff I Petitioner EDWARD R PTASNIK (P31582) Attorney for Plaintiff I Petitioner 3 , , G '. " 'r ~~: . STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF MACOMB MICHELLE MARIE SWAB (JONES), Plaintiff, Case No: 00- 06803-DM vs. SCOTT THOMAS FISCHER (F/KlA SCOTT THOMAS SWAB), Defendant Hon. TRACEY A YOKICH P38377 1 EDWARD R. PTASNIK (P31582) Attorney for Plaintiff 42770 Van Dyke Avenue, Ste, 2 Sterling Heights, MI 48314 (586) 254-55551 Fax 254-5586 SCOTT THOMAS FISCHER (F/KlA SCOTT THOMAS SWAB) Defendant In Pro Per 849 Doubling Gap Road Newville, PA 17241 ::::tc' c -it> ", J::' . o~. oo~ :r.: - r-:J::I :;::.... ~t::lf'Tl -< J: r "'''r zo~> N "'c: - :;ru", 'r". :t -i ~. .." , o-<~~ ::r: U ~n~> ~ C)~c :;:D~::' C" ..... -p;: -~ (J1 1 JUDGMENT AT A SESSION OF SAID COURT HELD IN THE MACOMB COUNTY COURTHOUSE IN THE CITY OF MT. CLEMENS, COUNTY OF MACOMB, AND STATE OF MICHIGAN ,..~ ~ f "', ON: \\ ',', < ; \; ;) 1 PRESENT: MACOMB COUNTY CIRCUIT COURT JUDGE Pursuant to a hearing held on May 3, 2004, on the Motion of Plaintiff, MICHELE MARIE SWAB JONES, for a judgment for all unpaid spousal support, and this 1 " l' ." , - ." Court, finding that Defendant has failed to pay any of the spousal support ordered in the Judgment of Divorce entered in this cause on June 25, 2001, and the Court being otherwise fully advised in the premises: NOW, THEREFORE, IT IS ORDERED AND ADJUDGED that the Defendant, SCOTT THOMAS FISCHER formerly known as SCOTT THOMAS SWAB, shall forthwith pay to the Plaintiff, MICHELE MARIE SWAB JONES, the sum of FOURTEEN THOUSAND ONE HUNDRED TWENTY-FOUR DOLLARS, together with all interest which may accrue until that sum is paid over to the Plaintiff, IT IS ORDERED AND ADJUDGED that, if and in the event that Defendant shall try to circumvent this Judgment by a declaration of bankruptcy, the Plaintiff may request an order to show cause why the Defendant should not be found in contempt of court, and appropriate sanctions may be imposed by this Court following a hearing on that order. The entry of this judgment does not foreclose the Plaintiff from seeking other spousal support, but does completely dispose of the issue of spousal support already ordered in the judgment of divorce. COURT JUDGE 2 , ~nnroved, SCAO STATE OF MICHIGAN JUDICIAL DISTRICT 16TH JUDICIAL CIRCUIT COUNTY PROBATE Court address 40 North Main, Mount Clemens, MI PROBATE OSM CC;'E: E"\R CASE NO, . =:J CERTIFICATION OF RECORDS ATTESTATION OF EXEMPLIFIED COPIES 2000-006803-D'VI Court telephone no. 48043 586-469-5351 Plaintiff Defendant MICHELLE MARIE SWAB (JONES) SCOTT THOMAS TISCHER (F/K1A SCOTT V THOMAS SWAB) IJuvenile In the matter of iProbate In the matter of ATTESTATION OF CLERK/REGISTER I am the clerk/register of the court and I attest that: 1. I am the custodian of the records of the 16th Circuit Court. 2. I have compared the annexed copies of: NUNC PRO TUNC ORDER DATED MATCH 10, 2005 JUDGMENT DATED MAY 11, 2004 from the above case with the originals on file and of record in this court, and 1 find the copies to be true copies of the whole of such originals, /"'" E__ ~./e< '---(~-r- March 10, 2005 Date Clerk/Register CarmelIa Sabaugh Name(type or print) By: Deputy Clerk/Register CERTIFICATION OF JUDGE I I, TRACEY A. YOKICH ,judge of the 16th Circuit Court, certify that the above attestation is in proper form and that the signature is genuine. Bar no. March 10, 2005 Date NOTE: The Certification of Judge is completeo t out of the state, MC202 (6/93) CERTIFICATION OF RECORDS/ATl 28 USC 1738 . '. , STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF MACOMB CASE #OO-6803-DM Michelle Marie Swab (Jones), Plaintiff, vs. Scott Thomas Fischer (F/K/A Scott Thomas Swab) Defendant, / NUNC PRO TUNC ORDER At a session of said Court held on March 10, 2005 PRESENT: HONORABLE Tracey A Y okich '::"C-;c ;- c ---',' The original Nunc Pro Tunc Order for the original Judgment1& case # 00-6803-DM entered on May 11,2004 by Judge Tracey A Yokicliwas inadvertently misplaced as can best be ascertained from the records. IT IS HEREBY ORDERED that the attached Judgment shall therefore be forthwith entered and relate back to May 11, 2004, Nunc Pro Tunc with all provisions therein contained being effective May 11, 2004. ,# ~ G .' . . STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF MACOMB MICHELLE MARIE SWAB (JONES), Plaintiff, Case No: 00- 06803-DM vs. SCOTT THOMAS FISCHER (F/K/A SCOTT THOMAS SWAB), Defendant Hon. TRACEY A. YOKICH P38377 I EDWARD R PTASNIK (P31582) Attorney for Plaintiff 42770 Van Dyke Avenue, Ste, 2 Sterling Heights, MI48314 (586) 254-5555 I Fax 254-5586 SCOTT THOMAS FISCHER (F/K/A SCOTT THOMAS SWAB) Defendant In Pro Per 849 Doubling Gap Road Newville, PA 17241 c' I \, ,) .-,c: JUDGMENT AT A SESSION OF SAID COURT HELD IN THE MACOMB COUNTY COURTHOUSE IN THE CITY OF MT, CLEMENS, COUNTY OF MACOMB, AND STATE OF MICHIGAN ON: -MAY /1, :J 011 '7 / PRESENT: J~N. 7A"ACEY /I. Yo/( Icfl MACOMB COUNTY CIRCUIT COURT JUDGE Pursuant to a hearing held on May 3, 2004, on the Motion of Plaintiff, MICHELE MARIE SWAB JONES, for a judgment for all unpaid child support, and this 1 .. '. . " . Court, finding that Defendant has failed to pay support for the minor child of the parties as ordered in the Judgment of Divorce entered in this cause on June 25, 2001, and the Court being otherwise fully advised in the premises: NOW, THEREFORE, IT IS ORDERED AND ADJUDGED that the Defendant, SCOTT THOMAS FISCHER formerly known as SCOTT THOMAS SWAB, shall forthwith pay to the Plaintiff, MICHELE MARIE SWAB JONES, as support for the minor child of the parties, the sum of FOUR THOUSAND THREE HUNDRED SIXTY DOLLARS, together with all interest which may accrue until that sum is paid over to the Plaintiff. IT IS ORDERED AND ADJUDGED that, although Federal bankruptcy law does not allow the discharge of indebtedness for child support, if and in the event that Defendant shall try to circumvent this Judgment by a declaration of bankruptcy, the Plaintiff may request an order to show cause why the Defendant should not be found in contempt of court, and appropriate sanctions may be imposed by this Court following a hearing on that order. The entry of this judgment does not dispose of the issue of child support already ordered in the judgment of divorce, and all unpaid child support shall continue to accrue. - TRACEY A. YOKICH CIRCUIT JUDGE 2 MACOMB CIRCUIT rOURT JUDGE !1r 1 1 2004 CARME~r~~E COpy av__ ~ri~~:!~OUNTYCLERK ~",---COurtClerX , ... . .- STATE OF MICHIGAN CASE NO. JUDICIAL DISTRICT CERTIFICATION OF RECORDS 16T11 JUDICIAL CIRCUIT ATTESTATION OF EXEMPLIFIED COPIES 2000-006803-DM COUNTY PROBATE tJs /i/h,} Cttvd Court address 40 North Main, Mount Clemens, MI 48043 Court telephone no. 586-469-5351 Plaintiff Defendant MICHELLE M SWAB SCOTT T. SWAB V lJuveniIe In the matter of iProhate In the matter of ATTESTATION OF CLERK/REGISTER I am the clerk/register of the court and I attest that: L I am the custodian of the records of the 16th Circuit Court. 2. I have compared the annexed copies of: DOCKET SHEET from the ahove case with the originals on file and of record in this court, and I find the copies to be true copies of the whole of such originals, March 14,2005 ./"..? -# -~e- ...-< .A-~~ Date Clerk/Register CarmelIa Sabaugh Name(type or print) By:f?.lJ.P r~r>. R ~ I J'1;Qsi",J,;, Deputy Clerk/Register Docket Sheet n,he: ~3./14/2005 10: 15: 57 I.I:JR5926 Dr Case Number 2000-006803-DM In The Matter Of Detail Status Closed SWAB, MICHELE M VS. SWAB, SCOTT T Party SWAB, MICHELE M SWAB, SCOTT T Opened 12/08/2000 Comments: ~ PLNTF Attorneys PRO PER DFNDT Judgment Date - - - -.- ,- No, Date of Operator Pleadings and Actions Filing Journal Book-Page-Nbr Ref Nbr 1 03/10/05 KJACKS NUNC PRO TUNC ORDER -SGD 2 05/11/04 cnvMACdk VIDEO 01 JUDGMT RE:CHILD SUPPT-SGD JUDGMT RE : SPOUSAL SUPPT-SGD 3 05/11/04 4 05/10/04 5 05/03/04 6 03/26/04 7 07/05/01 8 06/25/01 9 06/25/01 cO 06/25/01 cnvMACdk TRACEY A YOKICH 01 CLK KRYSTAL cnvMACdk RECOMMENDED ORDER 01 -SGD cnvMACdk PTASNIK - PRO PER (DEFT) 01 {SPOUSAL/CHILD SUPRTI cnvMACdk 01 MTN FOR ENTRY OF CIVIL JUDGMENT FOR UNPAID SPOUSAL SUPPORT AND A CIVIL JUDGMENT FOR UNPAID SUPPORT OF THE M/C cnvMACdk RECORD OF DIVORCE SENT 01 cnvMACdk 01 CASE CLOSED MTN ENTRY JGMT:PRFS SGD (CLOSE) ON REC,CONSENT JOD-GRTD & cnvMACdk JUDGMENT SIGNED 01 cnvMACdk 01 SUSAN HASSIG MTN ENTRY JUDGM-PRFS ON RECORD, CONSENT JUDGMENT OF DIVORCE, GRT & SGD, Judge YOKICH, TRACEY A Action DIVORCE WITH MINOR CHLDREN Case Type DM-DIVORCE, MINOR CHILDREN P.f:ge: 1 original Arnt Balance Due Due/ Amt Dismissed 0.00 0.00 0,00 0.00 0,00 0.00 0.00 0,00 0.00 0.00 0,00 0.00 0.00 0,00 0,00 0.00 0,00 0,00 0,00 0.00 T"\a~e: 07./14/2005 10: 15: 58 "'IJRS9~26 Docket Sheet P~ge: 2 Detail Dr - - -- -- - -- -- -- --- -- -- ---- 20QO-OO6803-DM SWAB, MICHELE M vs, SWAB, SCOTT T - -- --- --- - - -- -- No. Date of Operator Pleadings and Actions Original Amt Balance Due Filing Due/ Journal Book-Page-Nbr Ref Nbr Amt Dismissed - -- - -- -- - ----- 11 06/25/01 cnvMACdk PETER J MACERONI CLK D MASINICK 0,00 0,00 01 12 03/02/01 cnvMACdk SMILE LETTER SENT 0.00 0,00 01 13 03/02/01 cnvMACdk SMILE LETTER SENT 0.00 0.00 01 14 02/28/01 cnvMACdk FRIEND OF COURT FINAL RECOMMENDATION 0.00 0.00 01 15 12/27/00 cnvMACdk SERVICE ON COMPLAINT 0,00 0.00 01 PERS/SCOTT THOMAS SWAB 12/20/00 16 12/08/00 cnvMACdk PETER J MACERONI 12/08/00 14,06 0.00 0.00 01 R EBERLE 17 12/08/00 cnvMACdk SUSAN HASSIG 0,00 0,00 01 EXPT INT ORD -SGD 18 12/08/00 cnvMACdk PETER J MACERONI CLK L MCCORMACK 0.00 0.00 01 19 12/08/00 cnvMACdk RECORD OF DIVORCE/ANNULMNT RECEIVED 0.00 0,00 01 20 12/08/00 cnvr<1ACdk SUl,IJ!,lJONS ISSUED 0,00 0,00 01 21 12/08/00 cnvMACdk COMPLAINT 0,00 0,00 01 22 12/08/00 cnvMACdk Foe ENTRY FEE $ 30.00 #052245 0.00 0.00 01 23 12/08/00 cnvMACdk ENTRY FEE PAID $100.00 #052245 0.00 0,00 01 Totals By: Information 0.00 0.00 Pate, D~/14/2005 10,15,58 >'!'rJR5926 Dr 2000-006803-DM SWAB, MICHELE M VS. Docket Sheet p~ge: 3 Detail SWAB, SCOTT T ~** End of Report *** c-., <Jl cu ~_O r C. STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF MACOMB MICHELLE MARIE SWAB (JONES), Plaintiff, (6'- )tIft>). ~ Case No: 00- 06803-DM vs. SCOTT THOMAS FISCHER (F/K/A SCOTT THOMAS SWAB), Defendant. NOTICE OF FILING OF JUDGMENT ( X ) Notice is hereby given that a Judament in the above captioned matter has been entered against you in the amount of $14,124.00 for unpaid spousal suPPOrt and $4,360.00 for unpaid child support with leaal interest thereon at the per annum rate for judament and for costs of this action on Mav 11. 2004. ( X ) A copy of all documents filed with the Prothonotary in support of the within judgment are enclosed. By: If you have any questions regarding this Notice, please contact the following party: NAME: Michele Marie Swab Jones ADDRESS: 2181 East 8 Mile Road S1. Clair Shores. MI 48080 TELEPHONE NO: (586) 778-5239 (This Notice is given in accordance with Pa.R.C.P. 236.) Notice sent to: SCOTT THOMAS FISCHER 849 Doubling Gap Road Newville. PA 17241 M 'l I C1G` ,){.?P?j N? } In the Court of Common Pleas of } Cumberland County, Pennsylvania Plaintiff VS. ,r } Judgment in favor of Plaintiff on 5 ?. Er I S "-V kle lam- ) _ . ?^ i fors Y 1 S j i?"2 } No. /7 _ l `tom r? Term ? / Defendant l f I![Jc St, ,' : V en l t:( -1-- L _ 14 oplaintiff in the above Judgment, do appear and acknowledgge e?/ !t/i 1 . C, t? 'll G . 1 . this day have had an4_.r,0c'eivd' and from the defendant in the above Judgment, full payment and satisfaction of the same, with interest and costs, and desired that satisfaction therefore shall be entered upon the records thereof. And further, T- do hereby authorize and empowrer t. ! t4 the Prothonotary of said Court, to appear r11e' 1 W I c H E LE 3 «1A $ and in '1 _ name and stead to enter full satisfaction upon the record of said Judgment, as fully and a itually,' all intents and urposes, as ?r- V- could were A14 5I 1 P ` personally present in person to do so. And for so doing this shall be your ufficient warrant of authority. / In testimony whereof, have, hereunto. set ourhhandsand A.D. 20-/-U. rh ` " "1--.- ygy:,;F ?R4N?14 t. Io; ADO lx BtJC ,£TA-M f s (Sea]) •0.1>7)1* WAVW _ (Seal) - , S l ( ea ),. State of Pennsylvania } ) *?? County of Cumberland,} C O V Personally appeared before me, the subscriber, r? -} Q } the Plaintiff in the above Judgment, and in due form of law aWmowledged the within and foregoing Power of Attorney to satisfy the Judgment set forth, to be _ act and deed, and desired that the same shall be filed of record in the office of the Prothonotary of the Court of Common Pleas of said County, In testimony whereof, I have hereunto set my hand and seal this day of A.D. 20 seals this day of (Seal) (Seal)