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HomeMy WebLinkAbout06-2395Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff MARISSA SEEGER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. CSC ?295 l 'ir?cC l V. CIVIL ACTION - LAW GEORGE E. SEEGER, JR., IN DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree 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 the 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff MARISSA SEEGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. GEORGE E. SEEGER, JR., Defendant NO. 06 - 1391 CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Marissa Seeger, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, George Seeger: 1. The Plaintiff is Marissa Seeger, an adult individual, residing at 775 Erford Road, Camp Hill, Cumberland County, Pennsylvania 17011. Plaintiffs Social Security Number is 187- 62-9160. 2. The Defendant is George E. Seeger, an adult individual, residing at 69 Fairview Street, Carlisle, Cumberland County, Pennsylvania 17013. Defendant's Social Security Number is 176-54-3846. 3. The Plaintiff and Defendant were married on May 27, 2000 in Mechanicsburg, Cumberland County, Pennsylvania. 4. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There have been no prior actions for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. The parties separated on or about November 7, 2005. 7. Neither of the parties in this action is presently a member of the Armed Forces on active duty. 8. The marriage is irretrievably broken. 9. The Plaintiff has been advised of the availability of marriage counseling and she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests your Honorable Court enter a Decree in Divorce. COUNT H - EQUITABLE DISTRIBUTION 10. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 9 inclusive, of the Complaint as if the same were set forth herein at length. 11. Plaintiff and Defendant have legally and beneficially acquired certain real and personal property during their marriage. 12. The parties may, but have not yet, enter agreements for the resolution of their divorce and equitable distribution. WHEREFORE, the Plaintiff respectfully requests the Court to enter an Order dividing the marital property. vvV I r §I III - FTE'Juca 1. I-LIM INJUNCTION PURSUANT TO 23 Pa. §3505(a) and 3323(i) TO PREVENT FURTHER DISSIPATION OF MARITAL ASSETS 23 Pa 13. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 12, of the Complaint as if the same were set forth herein at length. 14. Plaintiff separated from Defendant on November 7, 2005 and files this Compliant in Divorce, requesting economic relief, including a request for equitable distribution. 15. Since separation, Defendant has sold marital property including, but not limited to, a Jet Ski, a Honda 400EX All-terrain vehicle, and performance auto racing vehicle parts. 16. Defendant has refused to disclose proceeds or consideration received from such dissipations. 17. Plaintiff believes that Defendant may sell, transfer, dissipate, damage, destroy, alienate or encumber marital property of the parties. 18. Defendant has retained for himself all but Fifty Dollars ($50.00) of proceeds received for marital property sold by him. WHEREFORE, the Plaintiff respectfully requests that the Court enter an Order prohibiting further dissipation of marital assets without leave of Court or a written agreement signed by both parties. JOHNSON, By: Greevy WEIDNER :273842 VERIFICATION I, Marissa Seeger, verify that the statements made in this Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. Date: 4/ s/-O¢ arissa Seger Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 MARISSA SEEGER, Plaintiff V. GEORGE E. SEEGER, JR., Defendant AFFIDAVIT Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE MARISSA SEEGER, being duly sworn according to law, deposes and says: 1. 1 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. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.c.S. §4904, relating to unsworn falsification to authorities. Date: ?o% 1 ?????LZ1E Z? Ma issa Seeger C? ? ? ? ? ? ?, P-' ?C Q C MARISSA SEEGER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GEORGE E. SEEGER, JR., : DEFENDANT : 06-2395 CIVIL ORDER OF COURT AND NOW, this 5t' day of May, 2006, upon consideration of the Plaintiff's Request for an Injunction Preventing Dissipation, Alienation or Encumbering of Marital Assets, a Rule is issued upon the Defendant to show cause why the Plaintiffs request for Relief should not be granted. 1. The Defendant shall file an answer to paragraphs 13 through 18 of the Plaintiffs Complaint on or before May 19, 2006. 2. A copy of said Answer will be filed with this Court. 3. A hearing on this matter will be held on Thursday, June 1, 2006 at 10:30 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. IT IS FURTHER ORDERED AND DIRECTED that the Defendant shall not Dissipate, Alienate or Encumber any Marital Assets of the parties without leave of Court or a written agreement signed by both parties. By the Court, ? -1, CLA\ M. L. Ebert, Jr., J. NAMNVs ss:zNa s-?ti?9ooz ??a? 31B 3? v A. Melissa Peel Greevy, Esquire Attorney for Plaintiff George E. Seeger, Jr. Defendant bas Alan Michael Ross, Esquire I.D. No. 81301 2001 North Front St. Ste. 220 Harrisburg, Pennsylvania 17102 (717) 238-6311 MARISSA SEEGER, PLAINTIFF V. GEORGE E. SEEGER, JR., DEFENDANT Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 06-2395 CIVIL CIVIL ACTION - LAW IN DIVORCE -- RuLt rv SHOW CAUSE TO THE HONORABLE M.L. EBERT, JR., JUDGE OF SAID CO AND NOW, this 18"' day of May, 2006, comes COURT: the defendant, George Seeger, Jr., by and through his attorney, Alan Michael Ross, Esquire, who moves t extension of time to respond to the Rule to Show Cause h his Court to grant an thereof the following is averred: sued on May 5, 2006, and in support 1 • On or about May 5, 2006, this Honorable Court issued a Rule defendant to show cause why the Plaintiff's request for an in'unc i upon the dissipation, alienation or encumbering of marital assests , ton preventing 2. The rule was returnable on or before should not be granted. May 19, 2006. 3• A hearing on this matter is presently scheduled for June 1 a. m. , 2006, at 10:30 4• Undersigned counsel was retained by the defendant on or about May 16, 5. On may 17, 2006, undersigned counsel spoke with Melissa Peel Greevy, counsel for Plaintiff, and it is believed, based upon representations made, that it is likely the parties can come to an amicable agreement concerning the dissipation of the marital property, should an extension of time to answer the rule be granted. 6. Melissa Peel Greevy, Esquire, concurs in this request for an extension of time to answer the aforementioned Rule. WHEREFORE, the Defendant respectfully requests that this Motion for Extension of Time to Answer Rule to Show Cause be granted until June 1, 2006. Respectful L miffed, Alan Michael Ross, Esquire I.D. No. 81301 VERIFICATION I verify that the facts contained in the attached pleading are true and correct to the best of my knowledge, information and belief. I understand that the facts herein are verified subject to the penalties for unsworn falsification to authorities under Crimes Code, Section 4904 (18 Pa.C.S. § 4904). Alan Michael Ross, Esquire ID. 81301 CERTIFICATE OF SERVICE The and correct copy o undersigned e ehereby certifies that on this 18"' day of Ma, 2006, a defendant's Motion for Extension of Time to Answerue Rule to Show Cause was served upon the following person(s) by first class mail: Melissa Peel Greevy, Esquire Johnson, DufFe, Stewart & Wiedner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 A a el Ross, Esquire Attorney for Defendant Supreme Court No. 81301 2001 N. Front St., Ste. 220 Harrisburg, PA 17102 (717) 238-6311 C"3 r-a 0 _ w V ? O -ri ?9? Alan Michael Ross, Esquire I.D. No. 81301 2001 North Front St. Ste. 220 Harrisburg, Pennsylvania 17102 (717) 238-6311 Attorney for Defendant MARISSA SEEGER, PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No.: 06-2395 CIVIL CIVIL ACTION - LAW GEORGE E. SEEGER, JR., DEFENDANT To the Prothonotary IN DIVORCE ENTRY OF APPEARANCE Kindly enter my appearance for the defendant, George Seeger, Jr., in the above- captioned case. Respectfully submitted, Alan is ael Ross, Esq. ID # 81301 2001 N. Front St., Ste. 220 Harrisburg, PA 17102 ATTORNEY FOR DEFENDANT Dated: May 18, 2006 tl. C= O m Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff MARISSA SEEGER, Plaintiff V. GEORGE E. SEEGER, JR., Defendant RETURN OF SERVICE The undersigned makes the following return of service: IN DIVORCE The Order of Court dated May 5, 2006, was mailed to the Defendant, George E. Seeger, Jr., on May 11, 2006 at 69 Fairview Street, Carlisle, PA 17013: X A copy of the signed return receipt indicating service was completed on May 13, 2006 is attached hereto. The mail, refused and returned, is attached. A copy mailed to the Defendant at the same address by ordinary mail with the return address of the sender appearing thereon has not been returned within fifteen days after mailing. I, Melissa Peel Greevy, certify that I am a competent adult not a party to the action. I verify that the statements made in this affidavit and return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: :275382 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHNSON, DUFFIIE, STEWART & WEIDNER Peel Greevy NO. 06-2395 CIVIL ACTION - LAW . . k ¦ Complete Items 1, 2, and 3. Also complete- item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can returnthe card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: de L,4q I Lk 1"A a sI ? Agent X ? Addressee B. R Wed by (Printed Nerve) C. Date of Delivery D. Is delhrety address different from Item 1? ? Yes If YES, enter delivery address below: ? No 3. 15rpe Eftertified Mall ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured mail ? C.O.D. 4. Restricted DelWery? (Extra Fee) E3 Yes 2. Article Number 7004 1350 0003 4494 8628 (rransw from service iabe? PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M•1540 ru D .. r .• D" F F Postage m M certi0ed Fee 0 Return Redept Fee (Endorsement Required) E:3 Restricted Delivery Fee in (Endorsement Required) M r"I Total Postage & Fees p ant o O f` 3`tiea - -- ?7 p c C-rl or Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 MARISSA SEEGER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-2395 V. CIVIL ACTION - LAW GEORGE E. SEEGER, JR., : IN DIVORCE Defendant RETURN OF SERVICE The undersigned makes the following return of service: The Divorce Complaint was mailed to the Defendant, George E. Seeger, Jr., on May 3, 2006 at 69 Fairview Street, Carlisle, PA 17013: X A copy of the signed return receipt indicating service was completed on May 4, 2006 is attached hereto. The mail, refused and returned, is attached. A copy mailed to the Defendant at the same address by ordinary mail with the return address of the sender appearing thereon has not been returned within fifteen days after mailing. I, Melissa Peel Greevy, certify that I am a competent adult not a party to the action. I verify that the statements made in this affidavit and return of service are true and correct. I understand that false statements herein are made subject to the penaltie 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date :2754! JOHNSON, DUFFIFE, STEWART & WEIDNER Peel Greevy If • I Postal S U.S. ervice- -O CERTIFIED MAIL . RECE IPT r1 i r ?n (Domestic Mail On ly; No trisurance Cov I erage Provided) C7 to Postage $ Q rf1 O Certified Fee ~? _? C3 Retum Redept Fee (EndoreemWRequlred) 0 Restricted Delivery Fee U1 (Endorsement Required) M rq Total Postage & Fees $ C3 C3 e a _.... e? r e . -- ------------------- : N meet . No.; fp? or POBoxNo. ? r .i-P?J - - City Stets. ZI -. r Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse Agent ?- so that we can return the card to you. B. Recbd bf (Printed Name) C. Date of Delivery ¦ Attach this card to the back of the mailpiece, _? . OG or on the front if space permits. D. 1s delivery address different from iierri 14 ? Yes 1. Article Addressed to: i If YES, enter delivery address below: 0 No l91 1;,I'-Vi Pal >?rc PA !-c .3 3. YPe fled Mall ? Express Mail f 0 Registered 0 Ratum Receipt for Merchandise 0 Insured Mall ? C.O.D. 4. ` Restricted. Delivery? (Extra Fee) es 2. Article Number 7004 1350 0003 4501 4636 7msfet from service fabeq 09n ?$8 1, ZgBit`2001' } ? Dortiastit h4urn h `ipt a t 102595-02-M 1540 ? ro ? c? t 7 u-+ tuo C1J MARISSA SEEGER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GEORGE E. SEEGER, JR., DEFENDANT 06-2395 CIVIL ORDER OF COURT AND NOW, this 24th day of May, 2006, upon consideration of the Motion for Extension of Time to Answer the Rule to Show Cause, IT IS HEREBY ORDERED AND DIRECTED that the Motion is GRANTED and the Answer shall be filed on or before 12:00 noon on May 31, 2006. A copy of said Answer shall be filed with this Court. By the Court, Jj M. L. Ebert, Jr., J. elissa Peel Greevy, Esquire Attorney for Plaintiff In Michael Ross, Esquire -A Attorney for Defendant bas O q0 :Oi M ? Z AVW HDZ ??4f?vluUtL:?c:? IH1 ?U Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 MARISSA SEEGER, Plaintiff V. GEORGE E. SEEGER, JR., Defendant NO. 06-2395 CIVIL ACTION - LAW IN DIVORCE STIPULATION AND NOW, this day of , 2006, the parties agree as follows: 1. No later than June 30, 2006, a parties will provide each other with a complete listing of all marital property which has been liquidated or dissipated since November 7, 2005. This listing shall include all consideration received in exchange for said property, the date of the liquidation or dissipation, the identification of the recipient of the asset, and any receipts or otherwise valid documentation illustrating the value received. 2. In the event that any of the assets that were liquidated were encumbered with debt, such documentation of the debt satisfied upon the sale or liquidation of the asset shall be disclosed and documented. 3. No further dissipation or sale of marital assets shall occur in the absence of an IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Order of Court, or fully executed agreement of the parties. NO. 06-2395 - CIVIL ACTION - LAW 4. By reason of the parties' agreement, as specified herein, the Hearing scheduled for June 1, 2006 at 10:30 a.m. is CANCELLED. 5. The parties agree that this Stipulation shall be entered as an Order of Court. Witness: r, Alzo arissa Seger Witness: G ger, Jr. :276179 0 51 -n r `c a ?, =G Johnson, Duffle, Stewart & Weidner JUN 0 5 2006 By: Melissa Peel Greevy I.D. No. 77950 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 MARISSA SEEGER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-2395 V. CIVIL ACTION - LAW GEORGE E. SEEGER, JR., IN DIVORCE Defendant ORDER th t'E AND NOW, this 8 day of SU , 2006, upon agreement of the parties, the attached Stipulation is hereby made into an Order of Court. BY THE COURT: '?k --? Q V M. L. Ebert. Jr. J. Dist: /Aelissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043 an M. Ross, Esquire, 2001 N. Front Street, Ste 220, Harrisburg, PA 17102 J W ?.V O t1 i MARISSA SEEGER V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA GEORGE E. SEEGER, JR., Defendant : CIVIL ACTION - LAW NO. 06-2395 CIVIL TERM IN DIVORCE PRAECIPE TO THE PRO'[ HONOTARY: WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Plaintiff in the above-captioned matter. Resp tfully su itted, Date: "A Melissa P. Greevy, Esquire ENTRY OF APPEARANCE Please enter my appearance on behalf of the Plaintiff in the above-captioned matter. Date: b d G wire 200 North Hanover Street Respectfully submitted, 1v, LJqintiff 4torney,LForPla Carlisle, PA 17013 (717)243-5551 (800)347-5552 v t_--? ?' :? r ?° j -. f C? ?. .-=-- !.. G.% ? a MARISSA SEEGER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW GEORGE E. SEEGER, JR., : NO. 06-2395 CIVIL TERM Defendant : IN DIVORCE PETITION FOR SPECIAL RELIEF PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 1920.15 AND NOW, comes Petitioner, Marissa Seeger by and through her counsel Bradley L. Griffie, Esquire, and the law firm of Griffie and Associates petitions the Court as follows: 1. Petitioner, Marissa Seeger is the above named Plaintiff and an adult individual currently residing at 775 Erford Road, Camp Hill, Cumberland County Pennsylvania, 17011. 2. Respondent, George E. Seeger, Jr., is the above named Defendant and an adult individual residing at 69 Fairview Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The instant divorce action was initiated through the filing of a Complaint for Divorce on April 27, 2006. 4. Respondent is represented in this action by Alan Michael Ross, Esquire, of 2001 North Front Street, Suite 220, Harrisburg, Pennsylvania, 17102, pursuant to his appearance on behalf of Respondent in prior proceedings in this matter. 5. The parties are the joint owners of real estate located at 69 Fairview Street, Carlisle, Cumberland County, Pennsylvania, 17013. 6. Respondent has resided at the aforesaid jointly owned property, the former marital residence, since the time of the parties' physical separation in November 2005. 7. The aforesaid real estate is encumbered with the first mortgage due and owing to Chase Mortgage Corporation and the second mortgage due and owing to Homecomings Financial, a GMAC company. 8. The parties are also subject to a support proceeding docketed in the Court of Common Pleas to DRS 006369 S 2006 and PASCES number 411108245. 9. Despite efforts by Petitioner, through counsel, the position of Respondent concerning the means of ultimate distribution of the real estate in this divorce action; has not been discussed; that is, whether Respondent will refinance the mortgages on the property and buyout Petitioner's interest or whether the property will be listed and sold with the net proceeds being distributed between the parties. 10. Pursuant to Pennsylvania Rule of Civil Procedure 1910.16-6(e) "The guidelines assume that the spouse occupying the marital residence will be solely responsible for the mortgage payment, real estate taxes, and homeowner's insurance." 11. Petitioner has become aware that Respondent has failed to make mortgage payments on the second mortgage for the months of November and December. 12. Petitioner is aware that foreclosure proceedings will be initiated in the short term if the mortgage payments are not made. 13. Petitioner hopes to avoid the expense of an expert for purposes of appraising the real estate under circumstances where the property is going to be sold as her resources for costs in this matter are limited 14. Petitioner has not been able to gain a response from the Respondent, individually or through counsel, as to the Respondent's position relative to the disposition of the real estate and, therefore, there is no pending resolution of the disposition of the real estate. 15. Even if the Petitioner were to initiate the Master's proceedings process at this time, this would not be able to be expedited in a manner that would allow for resolution of the current situation of the delinquentsecond mortgage not being paid by Respondent. 16. Contemporaneously with the filing of the within Petition, Petitioner, through counsel, is submitting the names of three realtors whom Petitioner would accept as impartial realtor with whom the property could be listed for sale. 17. Based upon the prior lack of responses, it is anticipated that Respondent will not provide response that will allow for the property to be listed for sale in any time frame that will also allow for a resolution of the current delinquency on the second mortgage. 18. Court intervention will be necessary in order to secure an arrangement for listing and sale of the real estate in an effort to stall or avoid foreclosure proceedings on the delinquent second mortgage. 19. Based upon a prior Petition for Special Relief filed by the Petitioner in this matter, a Stipulated Order was entered providing that the parties were obligated to exchange information relative to the liquidation and dissipation of marital assets with the information being exchanged no later than June 30, 2006, a copy of said Stipulation and Order of Court by attached hereby and incorporated herein by reference as Exhibit "A." 20. While both parties substantially complied with the direction of the Order, Respondent has failed and refused to provide the name and identification of the recipient of a certain Honda 400EX ATV, claiming that the individual who purchased the ATV from Respondent was "unknown." 21. Request has been made of Respondent to identify the purchaser of the Honda ATV, but the identification has not been made. 22. Respondent has failed to comply with the terms of the Courts prior Order of June 85 2006 as described above. 23. A copy of the within Petition has been forwarded by first class mail and facsimile to Respondent's counsel prior to filing. WHEREFORE, Petitioner requests your Honorable Court to enter a Rule upon the Respondent to Show Cause, if any he has, as to why the following Relief should not be granted: 1. Entry of an Order finding the Respondent in Contempt of the Court Order of June 8, 2006 and further directing that he compensate Petitioner for her attorney fees in this matter, and immediately identify the purchaser of the Honda ATV; 2. Entry of an Order authorizing Petitioner to execute a listing contract with a realtor of her selection for the sale of the property located at 69 Fairview Street, Carlisle, Pennyslvania, and further, providing authority in the Petitioner to execute any and all sale documents associated with the final sale and settlement of the aforesaid real estate; I Entry an Order providing that all attorney's fees and cost incurred by Petitioner in this matter be paid by Respondent; 4. Entry of an Order providing such other relief as the Court deems just and proper. Respectively submitted, 130y f,. Griffie, Esquire 911-torneyfor Plaintiff/Petitioner 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 .1' VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsifications to authorities. a Dated: I a (5 ?o "SA SE ER r CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the 7th day of December, 2006, MARISSA SEEGER V. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2395 CIVIL TERM IN DIVORCE GEORGE E. SEEGER, JR., Defendant cause a copy of Plaintiff s Petition for Special Relief to be served upon Defendant by serving his attorney of record, Alan M. Ross, Esquire, by facsimile and first-class mail, postage prepaid at the following addresses: Alan M. Ross, Esquire Govenor's Plaza South 2001 North Front Street Building 2, Suite 220 Harrisburg, PA 17102 Fax# 599-5658 DAB: rah 0 Tif e s, Secretary of Bra a 'ffie, Esquire Atto n for Plaintiff/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 ? ?_? r? ? ` _? ? ..-t c? ? ? _. _? ? ? ? ? -- t ???`'? ?` ? ?h. , _ ?' C'? " ` ? ? v_ .w..- _ - ?. ?' ? ` MARISSA SEEGER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GEORGE E. SEEGER, JR., DEFENDANT 06-2395 CIVIL IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 19`h day of December, 2006, upon consideration of the Petition for Special Relief filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before January 9, 2007; 3. The Prothonotary is directed to forward said Answer to this Court 4. A hearing shall be held on Thursday, February 22, 2007 at 3:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, PA. By the Court, Bradley L. Griffie, Esquire Attorney for Plaintiff Attorney for Defendant 1-L U-X? \/ Alan M. Ross, Esquire N M. L. Ebert, Jr., 16 J. bas cry --- t?-x L MARISSA SEEGER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. GEORGE E. SEEGER, JR., Defendant CIVIL ACTION - LAW NO. 06-2395 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER MARISSA SEEGER, Plaintiff, moves the court to appoint a master with respect to the following claims: Additional information, if any, relevant to the motion: (X) Divorce () Annulment () Alimony () Alimony Pendente Lite and in support of the motion states: (X) Distribution of Property () Support O Counsel Fees () Costs and Expenses (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant has appeared in the action by his attorney, Alan M. Ross, Esquire. (3) The Statutory grounds for divorce are 0301(c). (3) Delete the inapplicable paragraph(s): C. The action is contested with respect to the following claims: All of the above except divorce. (4) The action does not involve complex issues of law or fact. (5) The hearing is expected to take one (hems) (days). (7) None Date: -7 ,7 r Plai f ORDER APPOINTING MASTER AND NOW, , 20 , _ appointed master with respect to the following claims: Esquire is By the Court: J. tT, C7 - `Y _ , ? -Zp ...; `-mac MARISSA SEEGER V. IN THE COURT OF COMMON PLEAS OF Plaintiff ; CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GEORGE E. SEEGER, JR., Defendant Additional information, if any, relevant to the motion: NO. 06-2395 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER MARISSA SEEGER, Plaintiff, moves the court to appoint a master with respect to the following claims: (X) Divorce O Annulment () Alimony () Alimony Pendente Lite and in support of the motion states: (X) Distribution of Property ()Support O Counsel Fees O Costs and Expenses (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant has appeared in the action by his attorney, Alan M. Ross, Esquire. (3) The Statutory grounds for divorce are 3301 (c). (3) (4) (5) (7) Delete the inapplicable paragraph(s): C. The action is contested with respect to the following claims: All of the above except divorce. The action does not involve complex issues of law or fact. The hearing is expected to take one heirs) (days). None Date:=7 i 3' 7 r Plai ' f ORDER APPOINTING MASTER AND NOW, C-\ 11 , 20 0-7 E Esquire is appointed master with rfpect(fo the following claims: T4L& gAxezd . By the ourt: 1 J. t, U f } r-- t L D { e z _ 3 v e 4 ?a T' - 1" ; . `T MARISSA SEEGER, PLAINTIFF V. GEORGE E. SEEGER, JR., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 06-2395 CIVIL CIVIL ACTION - LAW IN DIVORCE MOTION TO WITHDRAW AS COUNSEL TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, this 12"' day of October, 2007, Alan Michael Ross, Esquire, hereby moves to withdraw as counsel, and represents: 1. Counsel, Alan Michael Ross, Esquire, represents the defendant in the above captioned matter. 2. Counsel entered an Entry of Appearance on May 18, 2006. 3. The defendant in this case is requesting that undersigned counsel withdraw immediately (see Exhibit A). 4. A copy of this Motion to Withdraw as Counsel has been sent to the Defendant's address. WHEREFORE, for each of the foregoing reasons, counsel respectfully requests that he be permitted to withdraw as counsel. Respectf41y,sutgnitted, Alan Mchael-Ross, Esq. ID # 81301 2001 N. Front Street, Suite 220 Harrisburg, PA 17102 ATTORNEY FOR DEFENDANT 10/04/2007 01:01 7175287421 KAIFFMAN George Seeger Jr. 6959 wauville Rd. Enola, PA 17025 Dear Mr. Ross, Wobar, 4 2007 Due to my financial situations for the past 12 + months I am no longer able to maintain your status as my attorney. I am requesting that you wdhdrsw yourself from this case rely. I am very great full and thankful for A you have done. I know that you have done all you could to try and bring resolution to this matter. Thanks again for your time and effort. George Seeger Jr. PAGE 01 VERIFICATION I verify that the facts contained in the attached pleading are true and correct to the best of my knowledge, information and belief. I understand that the facts herein are verified subject to the penalties for unsworn falsification to authorities under Crimes Code, Section 4904 (18 Pa.C.S. § 4904). A an Mi ael ss, Esquire ID. 81301 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this 12'x' day of October, 2007, a true and correct copy of the foregoing motion was served upon the following person(s) by first class mail and/or facsimile: Bradley L. Griffie, Equire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 E. Robert Elicker, 11 Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 George Seeger, Jr. 6959 Wertzville Road Enola, PA 17025 By: A an chael Ross, Esquire Attorney for Defendant Supreme Court No. 81301 2001 North Front Street, Suite 220 Harrisburg, PA 17102 (717) 238-6311 r . cn MARISSA SEEGER, Plaintiff V. GEORGE E. SEEGER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06-2395 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S PRETRIAL STATEMENT 1. LIST OF ASSETS: See document attached hereto as Exhibit "A". 2. EXPERT WITNESSES: (a) None. 3. NON-EXPERT WITNESSES: (a) The Defendant's brothers will testify if necessary regarding the amount of rent they paid while residing with Defendant. Defendant will testify on his own behalf regarding all issues relevant to equitable distribution and alimony. (b) Defendant reserves the right to call additional witnesses for rebuttal if necessary. 4. EXHIBITS: See 2005 Income Tax Return. 5. PARTIES' GROSS INCOME: The Defendant is currently earning an income of approximately $36,000 per year. 6. CURRENT INCOME & EXPENSE STATEMENT: The Defendant's current gross annual income is $36,000. A complete list of the expenses will be provided prior to the hearing. 7. PENSION AND RETIREMENT BENEFITS: Plaintiff - $8,000. Defendant - None. 8. DISPUTED TANGIBLE PERSONAL PROPERTY: None. 9. MARITAL DEBTS: A $2,000 tax bill, paid by Defendant, for Plaintiff's IRA withdrawal. Mortgage deficiency in the amount of $3,369. 10. PROPOSED RESOLUTION OF ECONOMIC ISSUES: Defendant would simply suggest that the cash from the sale of the marital residence be divided equally, and that he also receive a sum of $4,000. This sum is equal to the amount of money which the Plaintiff took from her IRA after separation. Date: It / Respectfully submitted, Mark T. Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 33671 Attorney for Defendant EXHIBIT "A" LIST OF MARITAL ASSETS item Asset Vale Date of Non-marital Number Valuation Portion 1. 2001 Honda ATV - sold $1,800.00 at book value 2. Jet Ski - sold, no money Cleared $0.00 3. Wife's IRA $8,000.00 4. Money in escrow from sale of home, being held by Attorney Griff a $15,866.60 Asset LIST OF NON-MARITAL ASSETS Value Date of Valuation Liens & Encumbrances liens & ED-cumbiaam None. Department of the Treasury - Internal Revenue Service Form 1040 U.S. Individual Income Tax Return For the ear Jan 1 . Dec 31, 2005, or other tax Label Your first name (See instructions.) r--- Use the IRS label. Otherwise, please print or type. If a joint return, spouse's first name MI Last name E Seege MI Last name larissa Seeger Home address (number and street). If you have a P.O. box, see instructions. 69 Fairview Street City, town or post office. If you have a foreign address, see instructions. Presidential Election Campaign 05 I (99) IRS Use i, ending .20 Apartment no. ZIP code Carlisle PA 17013 1 Check here if you, or your spouse if filing jointly, want $3 to go to this fund? (see instructions) - Do not write or staple in this OMB No. 1545-0074 Your social security number 176-54-3846 Spouse's social security number 187-62-9160 You must enter your . social security number(s) above. Checking a box below will not change your tax or refund. ?M Filing Status 1 Single 4 ••••••••••...... You L_J Spouse H ead of household (with qualifying person). (See 2 Married filing jointly (even if only one had income) instructions.) If the qualifying person is a child Check only 3 Married filing seParately. Enter spouse's SSN above & full name but not here your . dependent, enter this child's one box. name here ? 5 n Qualifying widow(er) with dependent child (see instructions) Exemptions .. Boxes checked 6a Yourself. If someone can claim you as a dependent, do not check box 6a .......... on 6a and 66 . . 2 b LXJ spouse ................. ..................... No f hild c Dependents: (2) Dependent's p s ( D _ . o c ren on 6c who: social security e lationshi p Gua'ifying • lived First name Last name number to you child for child with you ..... 1 tax credit • did not Caedon R Seeger 207-80-8264 Son (see instrs) live with you X due to divorce If or separation (see instrs) ... more than four dependents, Dependents ec not see instructions. en entered above . 71 Add b d Total number of exemptions claimed .......... ............. num ers on lines ................................ above..... ? 3 Income Attach Form(s) W-2 here. Also attach Forms W-2G and 1099-R if tax was withheld. If you did not get a W2, see instructions. Enclose, but do not attach, any payment Also, please use Form 1040-V. Adjusted Gross Income 7 Wages, salaries, tips, etc. Attach Form(s) W-2 ......................................... 8a Taxable interest. Attach Schedule B if required ............... .......................... b Tax-exempt interest. Do not include on line 8a .............. I 8bl 9a Ordinary dividends. Attach Schedule B if required ............ . .......................... Oualfd divs (see instrs) .................. . 10 Taxable refunds, credits, or offsets of state and local income taxes (see instructions) .. , ..... . ............. 11 Alimony received .............. . ................................ ..................... 12 Business income or (loss). Attach Schedule C or C.EZ ................................ . 13 Capital gain or (loss). Aft Sch D if reqd. If not reqd, ck here .......................... ? El 14 Other gains or (losses). Attach Form 4797 ..................... 15a IRA distributions ........... 15a b Taxable amount (see instrs) . . 16a Pensions and annuities 16al b Taxable amount (see instrs) . . 17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E . . 18 Farm income or (loss). Attach Schedule F .............................................. 19 Unemployment compensation .................. . ................................ .rs.).. . 20a Social security benefits ......... 20al b Taxable amount (see inst. . . 21 Other income 22 Add the amounts in the far right column for lines 7 throw h 21. This is our total income. ? 23 Educator expenses (see instructions) ....................... 23 24 Certain business expenses of reservists, performing artists, and fee-basis government officials. Attach Form 2106 or 2106-EZ .................... 24 25 Health savings account deduction. Attach Form 8889 ........ 25 26 Moving expenses. Attach Form 3903 ....................... 26 27 One-half of self-employment tax. Attach Schedule SE ........ 27 28 Self-employed SEP, SIMPLE, and qualified plans ............ 28 29 Self-employed health insurance deduction (see instructions) ............. 29 30 Penalty on early withdrawal of savings ..................... 30 31 a Alimony paid b Recipient's SSN .... ? .. 31 a 32 IRA deduction (see instructions) ........................... 32 33 Student loan interest deduction (see instructions) ............ 33 34 Tuition and fees deduction (see instructions) ................ 34 35 Domestic production activities deduction. Attach Form 8903 .............. 35 36 Add lines 23 - 31a and 32 - 35 ............................... . 37 Subtract line 36 from line 22. This is our adjusted ross income .. ? 77, 746. 10 11 12 -10,338. 13 14 15b 16b 8,187. 5- 18 19 20 b 595. BAA For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see instructions. FDIA0112 11/07105Y, Form 1040 (2005) N N INCOME AND EXPENSE STATEMENT OF GEORGE E. SEEGER, JR. MARISSA SEEGER, Plaintiff V. GEORGE E. SEEGER, JR., Defendant INCOME: Employer: Address: Type of Work: Payroll Number: Pay Period (weekly, bi-weekly, etc.): Gross pay per pay period: No. 06-2395 Date: SGS Automotive 901 Range End Road Dillsburg, PA 17019 Automotive Bi-weekly $1, 538.46 Itemized Payroll Deductions: Federal Withholding: Social Security: Local Wage Tax: State Income Tax: Retirement: Savings Bonds: Credit Union: Life Insurance: SUI Medicare Domestic Relations $224.00 $95.39 $24.62 $47.23 $22.31 $357.69 Net Pay per pay period . OTHER INCOME: WEEK MONTH YEAR INTEREST Dividends Pension Annuity Social Security Rents Royalties Expense Account Child & Spousal Support Unemployment Compensation Workmen's Compensation Totals: Total Income: EXPENSES: Weekh? Month Yearly (Fill in appropriate column) Home Mortgage/Rent Second Mortgage Maintenance Utilities- Electric Gas Oil Telephone Refuse Water, Sewer Furniture Employment Public Transportation Lunch Taxes Real Estate Personal Property $160.00 EXPENSES: Week hr Month Yeses Taxes Income Insurance Homeowners Automobile Life Accident Health Other Automobile Payments Fuel Repairs Medical Doctor Dentist Orthodontist Hospital Medicine Special Needs (glasses, braces, 125.00 $60.00 25.00 $450.00 $300.00 $50.00 $100.00 $100.00 orthopedic devices) Education Private School Parochial School College Personal Clothing Food Barber/Hairdresser Credit Payments: Credit Card Charge Account Personal loan $50.00 $100.00 $50.00 $200.00 $250.00 EXPENSES: Loans: Weekly Month Yearly (fill in appropriate column) Credit Union Loans Miscellaneous: Household help Child Care Papers/Books Magazines Entertainment Pay Television Vacation Gifts Legal Fees Charitable Contributions Other Child Support Alimony payment Other: Totals: TOTAL EXPENSES: 00 AFFIDAVIT I, George E. Seeger, Jr., hereby certify that the information, and belief. I understand that false of 18 Pa.C.S. 4909 relating to unsworn falsificati -7 S o <? Dated: _ , Jr. t to the best of my knowledge subject to the penalties V c S7 - MARISSA SEEGER, Plaintiff V. GEORGE E. SEEGER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06-2395 CIVIL ACTION - LAW IN DIVORCE INVENTORY OF DEFENDANT, GEORGE E. SEEGER, JR. Defendant files this inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verifies that the statements made in this inventory are true and correct. Defendant understands that false statements herein are subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. . George E. Seeger, Jr., Defendant A. ASSETS OF THE PARTIES Defendant marks on the list below the items applicable to the case at bar and itemizes the assets on the following pages. O 1. Real Property () 2. Motor Vehicles () 3. Stocks, bonds, securities and options () 4. Certificates of Deposit (x) 5. Checking accounts, cash () 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes () 8. Trusts () 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) () 10. Annuities () 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) () 16. Employment termination benefits-severance pay, Workers' Compensation claim/award () 17. Profit sharing plans () 18. Pension plans (indicate employee contributions and date plan vests) () 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments O 21. Litigation Claims (matured and unmatured) () 22. Military/V.A. benefits O 23. Education benefits () 24. Debts due, including loans, mortgages held () 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) () 26. Other MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action commenced. lte - Num) r Description of Prooem 2001 Honda ATV. This was sold for book value. 2. Jet Ski - sold, no money cleared 3. Wife's IRA 4. Money in escrow from sale of home, being held by Attorney Griffie Name of ?? Value as of Date Action commenced $1,800.00 $0.00 $8,000.00 $15,866.60 NON-MARITAL PROPERTY Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Number Description of Property Reason for Exclusion None. PROPERTY TRANSFERRED Item Number Description of Pro Date o_ f Transfer C°°s°°s- ideration Personom Transferred l 2001 Honda ATV $1,800.00 2. Jet Ski $0.00 3. Refrigerator $700.00 LIABILITIES Item Number Description of Pronertv Name of all Name of all Creditors Debtors Amount owed as of _ date Action Commenced 1 Tax liability paid by Husband for Wife's IRA withdrawal $2,000.00 2. Mortgage deficiency at time of sale of home $3,369.00 f ti:? f .._ ?? i,J' ...f.? ,.J _ 3 I ? _ ., ? L, .r "" ? 9 7 ..? _. ,...... ?s? MARISSA SEEGER, Plaintiff VS. GEORGE E. SEEGER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 2395 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this 4U day of , 2008, counsel and the parties having entered i1 o agreement and stipulation resolving the economic issues on July 22, 2008, the date set for a Master's hearing, the agreement and stipulation having been transcribed, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. ? i cc: Bradley L. Griff e Attorney for Plaintiff ZMark T. Silliker Attorney for Defendant coi'es rr-9 ACCL CT OURT, 1 0vjG Edgar B. Bayley, P.J. N Grp'-a ? Q ? C 1 . MARISSA SEEGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06 - 2395 CIVIL GEORGE E. SEEGER, JR.,: Defendant IN DIVORCE THE MASTER: Today is Tuesday, July 22, 2008. This is the date set for a hearing in the above-captioned divorce proceeding. Present in the hearing room are the Plaintiff, Marissa Seeger, and her counsel Bradley L. Griffie, and the Defendant, George E. Seeger, Jr., and his counsel Mark T. Silliker. This action was commenced by a complaint filed on April 27, 2006. The complaint raised grounds for divorce of irretrievable breakdown of the marriage and the economic claim of equitable distribution. No claims have been raised by either party for alimony or counsel fees and costs. With respect to the grounds for divorce, counsel have indicated that later this morning they are going to provide the Master with signed affidavits of consent and waivers of notice of intention to request entry of divorce decree. The documents will be dated today and will be filed with the Prothonotary by the Master's office. The divorce can, therefore, conclude under Section 3301(c) of the Domestic Relations Code. 1 v After considerable negotiations, the Master has been advised that the parties have reached an agreement with respect to the outstanding economic issue of equitable distribution. The agreement is going to be placed on the record in the presence of the parties. The agreement as stated on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The parties, therefore, are bound by the terms of the agreement when they leave the hearing room, even though they have not subsequently signed the agreement affirming the settlement. The Master has been advised that the parties intend to return with counsel later this morning to review the agreement for typographical errors, make any corrections as necessary, and then affix their signatures affirming the terms of settlement. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. The parties were married on May 27, 2000, and separated around November 7, 2005. There is one minor child of the marriage who resides with wife. Mr. Griffie. 2 MR. GRIFFIE: The parties have agreed to settle all matters raised in the divorce action through the following agreement: 1. All personal property that the parties have in their possession, including any vehicles, household furnishings, and the like will remain with the party currently in possession. The parties acknowledge that there are no vehicles or other items that are titled with the parties joint names and, therefore, there should be no need for the execution of titles. 2. The parties acknowledge that from the sale of their formal marital residence the net proceeds of $15,866.60 was received. Of that amount the sum of $4,500.00 will be disbursed to husband and the balance will be disbursed to wife. After those disbursements, neither party will make any claim against the other relative to any matters associated with the sale of the home or proceeds received from the sale of the home. 3. Neither party shall make any additional claim of any nature against the other relative to the divorce proceedings, and this agreement is intended to settle all matters and all claims raised in the divorce proceedings. 4. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. GRIFFIE: Ms. Seeger, did you just hear the agreement that I put on the record? 3 MS. SEEGER: Yes. MR. GRIFFIE: Do you understand the terms of the agreement? MS. SEEGER: Yes, I do. MR. GRIFFIE: Are you satisfied that this agreement will resolve all issues raised in this divorce action? MS. SEEGER: Yes. MR. GRIFFIE: And is that your agreement? MS. SEEGER: Yes. MR. SILLIKER: Mr. Seeger, you heard Mr. Griffie's statements? MR. SEEGER: Yes. MR. SILLIKER: And you are in agreement that you will essentially receive $4,500.00 from the funds being held in escrow? MR. MR. MR. MR. will go your separ, MR. THE SEEGER: Yes, sir. SILLIKER: The rest will be your wife's? SEEGER: Yes, sir. SILLIKER: And no further claims? You ate ways and live happily ever after? SEEGER: Yes, sir. MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of 4 settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: "ice. G4ffie y r Plaintiff mark T. Silliker Attorney for Defendant DATE: 0 :7 4441" Ma issa S ge h z v? George er, . 5 0 MARISSA SEEGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW GEORGE E. SEEGER, JR., : NO. 06-2395 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on April 27, 2006 and served on May 4, 2006, as indicated in Return of Service. 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: yJ19f low - M ISSA S GE ` C ? ?- I A ?•,? 7? MARISSA SEEGER, Plaintiff VS. GEORGE E. SEEGER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 06-2395 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: 2 I,? I0 ^ 14IS16AIS G r-3 cl_-j 0 , c?. N r, 0 MARISSA SEEGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW GEORGE E. SEEGER, JR., : NO. 06-2395 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 2. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on April 27, 2006 and served on May 4, 2006, as indicated in Return of Service. 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: -` f GE E E. SEE , -,a f `' ?` MARISSA SEEGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW GEORGE E. SEEGER, JR., : NO. 06-2395 CIVIL TERM Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: GEOi?M . SEEGER, J . r-p c? ? ^ i t In' MARISSA SEEGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. GEORGE E. SEEGER, JR., Defendant CIVIL ACTION - LAW NO. 06-2395 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) 3301(d)(1) of the Divef .e Gede (Strike out inapplicable section). 2. Date and manner of service of the Complaint: by certified mail, restricted delivery on May 4, 2006. 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: July 22, 2008 by Defendant: July 22, 2008 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: None 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: July 22, 2008 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: July 22, 2008 i?fie, Esquire & ASSOCIATES for Plaintiff °; `:- ..a t : ?_-_ .? ..-_'; ' t *G: ?""'. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. MARISSA SID ,- Plaintiff VERSUS GEORGE E. SEE7GGER, JR. Defendant No. 06-2395 DECREE IN DIVORCE AND NOW, -J "**'j 10 2008 , IT IS ORDERED AND DECREED THAT MARISSA SEEGER AND GEORGE E. SEEGER, JR. ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAI NTI FF, , DEFENDANT, 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; The stipulation entered into before the Divorce Master on Tuesday, July 22, 2008, is incorporated herein. BY THE COURT: ATTEST: J. PROTHONOTARY M ? ?V- !C -/ .0' °j- - I