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Home My WebLink About96-05299 , . ~ . .:t(. .:.c' .:.;. .:.. ,~tt .:~ .. "*' if , .' - I~ 1$ '~ PLEAS l~ !~ 1* * $ 8 8 8 ~ 8 * 8 ~ ~ 8 8 18 I 'lit !~ 18 ( :8 I. I'~ ~ 1$ 1M , ' 1M I' M , . ',;, ~ ~'~.~~~~.~-'~~.'~~.'~':~'.~'-~'.'~'.'~"~I'~' ~; . .:.:. t. .:.:. 8: .1 ~~ 8i I!l' .1 ~ til , I ~i 81 8 8 til till ~l ~I 8 ~i ~I *1 8; , ~ i 8 8 8 8 8 $ $ $ $ 8 ,~ til / I' " I ~ : Ilv T~I~:~' /J1t .~ .. ^".... .~ Y I" " /.-i,. ~ J. ',' " ~~(.hJ:".l.~_tJ r-. ~f, .~. (f"~-r.ct:?f ~ ~ '/)~f1~i. /~ ~~, tl-.-?t . ~,' ~ ;' '~"'nlhl)nnln..y I ~ i4 ".' I! - - - - _.' - - - - '. ~ ... .... '*, '>>C' . .' . ~ '*, '.' .:<<. .:.:. .*. .:<<. .:.,;. ':.:0 .:.;. .:.;, .:.;. .:.:. .:t;' .:.;. .:.;. .:.:. :t;' .~:' .:.;. .:t:. .:.;. .:.:- .:t:. .~;. IN THE COURT OF COMMON OF CUMBERLAND 5TATE OF I~' COUNTY PENNA, C/I'l'IIY J, SW/l1l1'ZWIlLOl>:R, 1'~a1ntHt N n. 96~~2?? ~J\lU", \,1'1'1"1I~ L/llUW W, SW/lI\'l'ZWIlLPj!;Il, Defendant DECREE IN DIVORCE AND NO~,,,~ "].p", 19 9,~" It Is ordered and decreed that ...,'.".,., ~M'lIY,.;r" (;Wflll'I'~\il~t.DI~ll.". , . . , , , , , , . ., plaintiff, and, " " .' , . . . ., , , , , ., , . , .l.IWW. '\~" ,S,\~I\I\'l'Z\11,I,PI;rI, " , , , , ., . , , " defendant, are divorced frorn the bonds of matrimony. The court retains jurisdiction of the following c1alm5 which have been raised of record In this action for which 0 final order ha5 not yet been entered; \jO~ "", .'1'1\0. ,S(lI'~t:'1~\O') .l\<lr'lql~'m~ ,<l~~'l<l.Qq<;ql1ll?q~ ,~()" .\'l'JIi ,\ij . lnr,Ol;PQl;llt.Qd.but , .tIO,!; ,11J<!,t:'lqq ,1,1\ I;q ,1;111,1\ ,r)q'lr,'l'l" , , , , , , , , , , , , . . , . , . . . . . , ',>" . , , ,j, . . , , , , . . . . . , , , , 'r \\lop.~I\I'liIHVi\loulH"rhJrl\f',w.IlIl,'UhlL" M"'^\MIII . NOW, THEREFORE, In consideration 01 these conulderallons, and the mutual promises and undertakings herelnnltor set lorth, and for other good Ind valuable consideration, receipt and sufficiency of which Ie herl!lby acknowledged by each 01 the parties hereto, HUSBAND and WIFE, each Intending to be legally bound, hereby covenant and agree as lollows: 1. Advloe 01 Counsel: The parties hereto acknowledge that each has been notified 01 his or her right to consult with counsel 01 his or her choice, and have been provided a copy 01 tills agreement with which to consult with counsel. WIFE Is represented by Roger M. Morgenthal, Esquire, and HUSBAND, has been advised that he may be represented by counsel 01 his choice, Each party acknowledges !lnd accepts that this agreement Is, In the circumstances, lair and equitable, and that It 15 being entered Into Ireely and voluntarily, after having received such advice and with such knowledge as each has soughtlrom counsel, and that execution 01 this agreement Is not the result 01 any duress or und'Je Influence, and that It Is 110tthe result 01 any Improper or Illegal agreement or agreements. 2. Dlvoroe: The parties agree to the entry of a Decree In Divorce. The parties will execute, on the date of this agreement, Affidavits of Consent under Section 3301 (c) of the Divorce Code, consenting to the entry of a Decree In Divorce. 3. Personel Property: The parties acknowledge that, except for Items specifically allocated by this agreement, they have equitably and satisfactorily divided all of their personal property, and that all personal property shall be the sole and Individual property of the party In whose possession Ills as of the date 01 this agreement. The 1993 Dodge Caravan, currently titled In the joint names of the parties, shall be translerred to the sole name of WIFE, who shall assume the remaining financing obligation I I II I 'l'.\\lol'~ I \llhJ.\S\loIII'_t'htr,\ti\lo'II,"~hJrt M"'^ \'1111 ~ theraon. The 1ElBEl Hyundal, currently titled In lolnt nemes, shall be transferred to the sole name of HUSBAND, provided that he relmbursee WIFE for the $1500 which she paid to a fermer lIenl1older. The above-ground swimming pool, currently located at tho house the parties had been ranting, shall become the property of WIFE. 4. RSII Property: Tho parties do not own any real estate, other than a tlme.share vacation property In the Pocono Mountains of Pennsylvania. WIFE and child shall be permitted to continua to occupy the rented real estate which had been the marital residence, with WIFE being responsible for all rental and other payments under the lease, WIFE shall hold HUSBAND harmless against any claims against him as a result of her failure to pay lease obligations. The Pocono time-share, on which a remaining balance of less then $10,000.00 Is owed, shall be transferred to the sole name of WIFE, who shall be responsible for paying the lien thereon, The parties shall cooperate by signing whatever documents are required by the tlme.share developar to complete the transfer. WIFE shall hold HUSBAND harmless against any claims against him as a result of her failure to payoff the time-share. 5. Alimony: The parties waive any claim that they may have one against the other for alimony or spousal support. The parties acknowledge that each has sufficient assetB with which to maintain themselves after divorce. Each party shall retain his or her existing pension plans, free Ilnd clear of any claims from the othar. 6. Mlrltal Debt: The parties have, In their own names, certain credit card accounts which may Include some marital debt. Each party will be responsible for the debt on the credit 1 I I, " \\olop'''I\IIII1K\I'i~IIII'~lthJrl\l'i~..tll~thJcl MtlA'.1II1 card accounts In his or her name. Each party will Incur no debt lor which the other nlay be liable, and will Indemnify and hold the other harmless lor any debt so Incurred. 7. custody: Primary custody of the parties' son, JUSTIN TYLER SWARTZWELDER, born Decamber 11, 1990, shall bo In WIFE, subject to IIbt'lral vlsltBtlon In HUSBAND, Bt such timet; and places as thay may agree between them, Tile partie Ii shall share legal custody of eald child Insofar as Important decisions, major medical care, etc, are concerned. Should difficulties l~rl6e between the parties concerning the custody and/or visitation for said child, elthar party shall have the right to i!lpply to a court of competent jurisdiction for resolution of the dispute. 6, Child Support: The parties have entered Into an agreement providing for payment of child support by HUSBAND through the Cumberland County Domestic Relations Ottlce, Reference DR25,610. Said agreed Order and any subsequent amendments thereto, shall be Incorporated herein by reference, 9. Modlflcallon: No modification, rescission, or amendment of this agreement shall be effective unless in writing signed by each of the parties hereto. 10, Applloablo Law: All acts contemplated by this agreement shall be construed and enforced under the laws of the Commonwealth 01 Pennsylvania. 11. Agreement Binding on Parties and Heirs: This agreement, except as otherwise expresaly provided herein, shall bind the parties hereto, and their respective heirs, executors, administrators, legal representatives. assigns and successors In any Interest 01 the parties. 12. Agreement Not to be Merged: This agreement shall be Incorporated Into the Ilnal decree 01 divorce 01 the parties hereto lor purposes 01 enlorcement only, but othelwlse shall not be merged Into said decree, The parties shall have the right to enforce this agreement under the 4 t. \"p'l \1'I.JM\'U,"""/''''L'hJrl'/tt''''"'If''''l.'hJrI M"'\\"1lI . Divorce Code of 19aO, as amended, end In addition, shall retain any remedies In law or In equity under this agreement as en Independent contraot. Such remedies In law or equity are specifically not waived or released. 13. Dooument'l The parties heroto agree that they will e~ecute and deliver one to the other any documents necessary to give effect to the terms of this Agreement. 14. Full and Final Settlement I WIFE and HUSBAND oach do hereby mutually ramlse, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rlgl1ts, titles, Interests or clall11s In or against the property (Including Income and gain from property hereafter accruing, of the other) or against the astate of such other, of whatever nature and whsresoever situate, which she or he now has or at any time hereal1er may have against such other, the estate of such other or Bny pBrt (hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other, or by way of dower or curtesy, or claims In the nature of dower or curtesy, or widows' or widowers' rights, family e~emptlon or similar allowance, or under the Intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate In a deceased spouse's estate, whether arising under the laws of Pennsylvania, any other State, or any other Country, or any rights which either spouse may have, or at any time hereal1er have, for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or e~penses, whether onslng as a result of tho marital relation or otherwise, e~cept and only e~cept, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or before the breach of any thereof. It Is the Intention of HUSBAND and WIFE to give to each ,\ " I . . I' , " :f ~ lr~ ~.. l.~ (J r r4 Ii) .. 1_)"'" f ~t: ' ) ~~; J . f 4.. r,J};J It. ,~~ , ,lit) 6 r., N ;J,~_ . I 'I I, ~r~ I u:t: ! t"' I.; ~. I . r' 'J .' b ~~ I I, I" I' ,I I, , I 'I -'I I" , I I, Ill. ,I , I I, " .1 I ii: ~ ~~ . I" I E ~' l~ (,l~ ,J. ~... IE I, , I:'I~ ,. ".f' ~k ' i"~ , 'j 0:;1 " ~J (/ (OJ " ~I tl .~re I I;' ~l I ~ ~ 'I 'I I' II " , I ,I, I I II! " I I ,I ,. , I I . r;: ].. ".t g ,'.. - r') ,,' & h l'r .. I', I' 1- ,I g 5 (~ \\;;, , , ',j ~ - ~ ['I: , '.1 I.'j ~ ["Y .. I I , il.\ I. .. I_~ . , ,,' , " I', I..) " " 0,1 , , , , ' ! I" , , " Ii I " " 'I I " " ~. 1",1 U, " , I:, .. i." ... I \1/:1 fJ , (,J,' I "I .., ~;" ,1;.\ I",' " ,'J ',"~ [" , , , ,-, ~l 'I L '11)l I, , ,p. , '" \ " " <, I.) " Ii I, 1'1 , , I' , " Ii' , , " Ii I ., , , , , , :1 , , .. , W: &t ~ -- " .' L~ "-l.r. ' , li: , .J') :r;: , l;.r. . r: .:... , J ,.1 " t::.I ',1' ~'i " 1'"' r."1 ("I r. I crJ\ I ~I~ , t..; . I.: ~ t." 't, '0 (1l ., I, " " , ' ! 1 ., " " , , II I I I' " , , ,I " . .. ;, "'\0'1"\ I \I 11"""'\01111"'11\1 ""111'1'1111 , " t , . ' CATHY J. SWARTZWELDER, PlllnllN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VI, CIVIL ACTION - DIVORCE NO, 96. 5299 CIVIL TERM LARRY W, SWARTZWELDER, Defondsnt IN DIVORCE WAnlfflO.ENQJlCU)f.Jl'fiEJIITJ.Q.N IOJiE.CW.f.SllNIBY-.Of~.cu2EC.BE.E UNOEan.3OJioUlUtlfJllY~ 1, I consent to the entry of a Final Decree of Divorce without Notice. 2. I understand that I may lose rights concarnlng alimony, division of property, lawyer's feeB or e><penses If I do not claim them belore a divorce Is granted. 3. I understand that I will not bo divorced until a Divorce Decree Is entered by the Court end that a copy of the Decree will be sont to me Immediately after It Is filed with the Prothonotary. I verify that the statement made In this Aflldavlt are true and correct. I understand that false statemllnts herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: Occcmbcr 30. 19'16 ..~'I ..t- /1. LA~R~'~?SWAR~E~~Et'~f~'ndant ~ .,.... 'I;' ), ii I, , , " I " ~ " , " rtl f,:: . , ~f ~~ .f' & ilti ::c ( 1(. u.. . til- /\"1 '1'1;. ~~' <:I '.'0 n:l ! ~ ("I IJ1.; ...: ~B1 ,il IL fll l' I.:J ~ 1.0 r 1;)1 , , ., I , ,,' I' , , , , . ... , " . " " " I " , I i I, f i I I, ~ m >~ l': :;;> "'\ ~ , l..t ~ , If /'1 t., re .-) r~ Ml , , r I,,~ " (, CI ; ~{J~ [I (Y; t.ILS !j..I: t,l ~re ,. ~ 1~ ~ I' , , I,i I 'I , I " " I I I 'I I I I I,