Loading...
HomeMy WebLinkAbout00-03457 ~:i3-;(}>>':~:~, .::.~;{ ):C~'::~.>>::';:~:,.::C():+::():+.:<:::!::.~~~:'>'::.::.;:: .~~::C.::' ';.:'::.--::':.::.>:;' :::!:C( ';!::C.:":';!::+::.;,:XC.::: :::!:+::.;'~':!C;;!::C.g.~t~~::.X-:::!:C;;E~!::.::+~:'.:-!:+::+:::~~:+::+;::-)~g~~1 ~ ~ ~.~ ~ . ~( . ~ x , ~.'~ ~ ~.s ~ ~ ~.~ I ,'" ~ ~ M ~.~ 'yO ~ ~i ~-.~ ~ ~.s ~ ~ ~.~ ~ ~.~ ~ i ~.~ ~Yi ~ ~.~ ',,' ~ ~.~ '..... W ~.~ ~ . ~.t ~;.( :.t ~ "'." ~ ~ ~.~ ~ ~ ~ ,,0, ~':~ ~ ;..~ ~ ~.~ ~ ~~~ ~ " '--~.--- " -->"'^'-' , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. u~~~~~W.~J:lciy~~,s1,\~~~~,sw()pe~~ I ~ ~plai"n tiii~~~ ~~~~~~.~ ~~.. II II N o. u~QOO::-.3..457 uuuuouuu Versus ~~ ~~ ~~])(lv~d~~p'~ ~~ ~~~Swope ---- ---,- UDefendaIitU DECREE IN DIVORCE AND NOW, ..' .~~.~tc.':'),~.u.. i!.l]..".., 1!i!I ,<~.~, it is ordered and decreed that .,... W,e.ndy, , ,S~f). .Swop.e, . . . , , . , . , . . . . . . . . , . , , . . .. plaintiff, and. " " .. , . " , , "J?,!-y.i.d, ,~... .Ei"!I? p,e, . , " , , . . , " .. . , . , , , " , . ". defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims whjch have been raised of record in this action for which a final order has not yet been entered; None. However, the marital settlement agreement dated June 7, 2000, is hereby incorporated into, but shall not ."!~r~.e,,~~~.h, .~~~.s. ,~~~F~~....,..,.,,,,".""".,,,.,......,.,,,,.".,,,,.,,,,, -.............................". ......................... ~":~ ~ ~.~ ~ f"'; l~ ~ ~', ~ A ~ ~ ~ I - I ~~ . '~;;:::~.:'>)<"< "!O>>::~'" ><< v:' ' Prothonotary By he ourt: ~~~ . .,,0,; ~ i ~.~ ~.~ . ~~~ . ~,,~ ~ ~~~ I ~ ; ~.~ ~ :>,~ ~ ~.~ i ~.~ ~.~ . ~~~ . ~ ~'s . ,,"-, ".,< ~ ~.~ k~ ~ ~'S ~ C~ ~ ?~ ';.' ~ ~.l! ,~:~" ~.~ . ,0:, ~.~ * ,~ ~~, -..,> ~ ~~~ ",,' ~ ~.~ -',,' j ~.~ ?~ ~ ~ ~.~ .n_d_ J. i ~.~ ~ ~ ~.~ ~ ~.~ ;~, ~ ~ 'l ~ ~.~ ~ ~i ;'~ ~ ,'~ :,;:,):<<~,::)::.::<)::.::.,::);:C("'.::Co;,. -:":€.":)::+::-'; ::..:+~.::... ',.::.::.,,:'''~i;;~::.::{':',::.::(>::.::,,-}::.::,'::}::.::<>::+;':_,"'::.::'" :..::+},:-::'.:;;::;::+f.' " " ,"',' -',,", rJ ;lt6-02J ~-d&~'m .~- - "~"'"'~"'."~'-"-"-- _",u",...,_"^_'~'~" ,_""_,,,.'~ '"'~'_"'!.~''''~' -~~'~~---'"'~"'''''''''''F- _~. . _.f, , .0i'i,.:') ~... . od-dlJp_~-;6 ~ rd~,,- :tl~~Z~- . .-~ . ~ ~" . ,,", -".'_r"., "'''_''' .''-'(' _-~':<>"_""'-'-"_ ' ,~ ,'-, '"'1'""'" ~", ~ lii- J' --"" WENDY SUE SWOPE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-3457 DAVID A. SWOPE, Defendant 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 Section 3301(c) of the Divorce Code. 2. Date and marmer of service of the Complaint: Personal service on June 7, 2000. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: September 10, 2000; By Defendant: September 9, 2000. 4. Related claims pending: None. However, the marital settlement agreement dated June 7, 2000, and filed of record, shall be incorporated into, but shall not merge with the Divorce Decree. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301(d) of the Divorce Code. Waiver of Notice executed by Plaintiff on September 10,2000 and by Defendant on September 9, 2000, and both were filed of record temperaneous with filing ofthis Praecipe. ./ ~... 6. The Social Security Number for Plaintiff, Wendy Sue Swope is 200-50-4609; and the Social Security Number for Defendant, David Allan Swope, is 160-62-7088. Respectfully submitted, ILl :::,E'ft 1..ooa Date ( ) ~}?Ko ' ROBERT PETER KLINE, ESQUIRE 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for PlaintiflIDefendant ~, -i-.-....~_,. '"ill!' L. i.:."","~~ .'J -.~'," . "~ ,,~ - ~ - '.' ,- "~,- -" '-~ ~,--- ;,,;. ~" ---" ' ~-'" ."~ ~-;, _'~' W '-0 " l"" , ... ~ 0 ~ 0 ,n .-< -OW l"T1 ~::c 11 mrn ." '-'1--"; ;' r- z:n =,88 ws;;: uJ ("').L ~a :J:> ~~ C5::D ~o :x zO 5g om :;;! ~ ,r:- :D N -< -", . , . . . ~' ',,",,"'- - "'. , , WENDY SUE SWOPE Plaintiff, : IN TIIE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000- 3'1.67 : CIVIL ACTION - LAW : IN DIVORCE CIVIL TERM DAVIDA. SWOPE 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 will proceed without you and a decree in divorce or annulment may 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 First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DNORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 , , WENDY SUE SWOPE, Plaintiff, v. : IN THE COURT OF COMMON PLEAS > : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 2000- .3 'I S1 CIVIL lERM : CIVIL ACTION - LAW : IN DIVORCE DAVID A. SWOPE, Defendant COMPLAINT IN DIVORCE 1. Plaintiff is Wendy Sue Swope, an adult individual, currently residing at 326 Ninth Street, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant is David A. Swope, an adult individual, currently residing at 560 Marlboro Avenue, Harrisburg, Dauphin County, Peunsylvania. 3. Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on June 7, 1986 in New Cumberland, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties have lived separate and apart since December, 1999, and continue to live separate and apart as of the date of this Complaint. 10. The parties' marriage is irretrievably broken. => -. ~ "',,,- 11. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce. Respectfully Submitted, ~ J"~ 7.Q:O Date ~?~.Q' ROBERT PETER KLINE, ESQUIRE 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff . VERIFICATION I verifY that the statements made in the foregoing Divorce Complaint are true and correct I understand that false statements herein made are subject to the penalties of Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Co - I - ()O Date \.,-),~ ) 5\o.-V\ C WEND SUE SWOPE 1 . " ihdtL ~:, " ".".~~ 'J ,- ~' tiL'ocr "~ilDtrr-" '.w"'~'''''- -,-'.", 0)" , ~ . ",,-.~"f:~ ,c, ":! _lilll>.lI:l.' c ~ ~ ~ ~ () ~ " C <::> ~ W ~:S:: C) ,0 mr:c '- ..,., ~ ~ 2:[!"1 C- ~~ ~ ~ ~ .<::-j::::::' :~ '-'r~' "- ~ C6 1,' I r"ii;!;} '^ \~ r:s .:f" "" ht~ \ '\ _C-i :2;: -"" ~ ;eel :!J ,\ ::;;:C> ...;;:: \S c - ~:d ~ .. 6h? I~ "" c;o .$ , , -<; ~ ~ ,...~ " t.t WENDY SUE SWOPE, . Plaintiff, IN TIffi COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-3457 CI\Tll, ACTION - LAW IN DNORCE CNIL TERM DAVID A. SWOPE, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 7, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of the final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY TIIAT TIffi STATEMENTS MADE IN TIffi FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND TIIAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO TIffi PENALTIES OF 18 PA. C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. q -'\0~-c.':C) Date \;:J~ h Sl~ Wendy S. ope """---' SSN: 200-50-4609 ""'" ~. ,,;.=~J.....;;....,...;... -......Mm (( [ifW11M "" . ,,,,,,=.< -, "'-- -:"i1f~'-"~'-~ ',0;, [.iW~}!ifn'~1'~""",",,,,i;,,,,,,,, " '. III '~iir. "liIII'-- .'~, !~~' , ~I , - , , ..,~ ~ <::> 0 0 -'1 U) :::;S ""OCO m ~~i "'Tt ~m -0 "'r ':rJ =g~ ~,s.; <.0 0 L ~ ~ !;20 !': :1:'33 i~ .... Q~") - Om ~ ..,.. ~ 0 -< It?' WENDY SUE SWOPE, Plaintiff, IN TIIE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-3457 CNIL ACTION - LAW IN DIVORCE CNIL TERM DAVID A. SWOPE, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I VERIFY THAT TIIE STATEMENTS MADE IN TIllS AFFIDA VIr ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO TIIE PENALTIES OF 18 Pa.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTIIORITIES. C\ ~\O-c:i:::J Date ~~ 6 ~~ dl Wendy S. SWope I '-....- ~ ,J>. ~''" ~mJil:rrIJ' Jfn'illl"lf f'1l~ --'-"-~'" ~,~-,' ---~'~ ,-, ' .""* ~rr" '., ~'." ~.., ,1i!Ili W " ,~.", () <::> 0 c: <::> -n ;g:: </') --I '"U'OJ f'1 :~-n 'f!!B " n,p ,.'Om Zr;;: u:> ',00 ~~:': GO ~o :po :;:!....... ~"T1 j8 :x ,:).- - z?;i - 0"- ~ ~ ~ <::> -< !! <'k' WENDY SUE SWOPE, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-3457 CNIL ACTION - LAW IN DNORCE CNIL TERM DAVID A. SWOPE, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 7 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of the 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. SECTION 4904 RELATING TO UNSWORN F ALSIFICA TION TO AUTHORITIES. CI. -0, -(\0 Date a/~ , d A. Swope SSN: 160-62-7088 , '~nur 1M_!" -C-~"""'''';''''*i'"",,,..-,~~., iim:li:~ ~;i',,"""'>l<;";"'" - j jJj\&jj!lli~bOff ~ i..:.~ ~.~" Ji.;iJiIII ., ." " ,'. " "~ '~'-'.... ,~ -~~-"'-j 8 0 ~ 0 3::: l;/) --f "Fg /"T1 ffi:n ~:o -0 ''1hl m~ \D :69 0' ~L :.;:io 0 J> "T, ~O .."'---Ii :x 9'0- ::;;8 om ~ t:" :;;! <:> ~ !'i , h WENDY SUE SWOPE, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUN1Y, PENNSYL V ANlA v. NO. 2000-3457 CIVIL ACTION - LAW IN DNORCE CIVIL TERM DAVID A. SWOPE, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a :final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, ~ lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that lwill 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 TIllS AFFIDAVIT ARE lRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. SECTION 4904 RELATING TO UNSWORN F ALSIFICA TION TO AUTHORITIES. ~-C\-oo Date 4k- ~ Davaop ~ .'.,' ~C1ill'"';"'-', """'"1lIi1lill..~' , 1'1' '-, ~ ~ -, 11'""'-"'-' ,," ',liIooillilli.lil,*'lIIIIlliW . ... ,. ;,. .:.-~",- "-1'.,,"'-' h"" (') Cl 0 c: Cl ..." :;::: en ...\ ;:RW: f"l1 -r "" i-~,:D z:d 'oJ,., z~ "~'9 \D ..'-" ~. s-() ~CJ :no ~J:=H )>0 ::lI: 95 ~8 - LIT' - Q ,. ~ r:- ~ <:> J!,,'!i' ,-"- , ., WENDY SUE SWOPE, Plaintiff, IN TIffi COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000- ~4. S+ CIVIL TERM DAVID A. SWOPE, Defendant CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, DAVID A. SWOPE, am the Defendant in the above captioned matter, and I do hereby accept service of the Divorce Complaint filed in this matter on June 7, 2000. 5- '7 (ju Date O~LU 'f24/ DAVID A. SWOPE 560 Marlboro Avenue Harrisburg, PA 17111 Defendant, Pro Se to ~.ll "" """'~" ~ -'uLJ '-.~ .,~- ';;.L,O~_~l*l(: "f _w --''''(j '. , ,. iii ',--~, ,- ":'1 """" "CJ!iisj 0 a 0 C 0 -T-; s: - -oC.J 'i ---:--, mnl .~ C: Z__U ~-4 Zc:: (,.1..,> \ ''I' (f) ....." C) -<..~"- _.~, r:C , ,~ ~O ~'D r--', "-' :1;: '::s:(J z,-) (5 in >c 'i':! ~ N ~ -' ..~ - ff,) t. , WENDY SUE SWOPE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2..000 ~ 34 S"T- V. DAVID A. SWOPE, Defendant NUUUTALSETTLEMENTAGREEMENT This Agreement, made and entered into this fTrt'" day of June, 2000, between WENDY SUE SWOPE, of New Cumberland, Cumberland County, Peunsylvania, hereinafter referred to as "Wife", and DAVID A. SWOPE, of New Cumberland, Cumberland County, Peunsylvania, hereinafter referred to as "Husband". WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on June 7, 1986 in New Cumberland, Cumberland County, Pennsylvania; WHEREAS, there have been two (2) children born of this marriage between Husband and Wife, to wit: CHRISTOPHER A. SWOPE, born May 9, 1987; and SARAHANNE L. SWOPE, born November 26, 1994, WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting their property rights, regardless of the actual separation or other character thereof and their other rights, including the Wife's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; ~ ~ WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a fmancial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires fmally and forever to relinquish all of her rights to be supported by the Husband and all of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to alimony, alimony pendente lite, counsel fees, or expenses and other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtesy, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future, and all rights to alimony, alimony pendente lite, counsel fees or expenses; NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: 1. Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 2. No Molestation, Harassment or Interference, Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. 3. Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or curtesy, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court subsequent to Section 3502 of the Divorce Code, Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenances, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of [mancial assistance whatsoever from the other, except as otherwise expressly provided for herein. -"' 4, Child Custody. Husband and Wife hereby agree that they shall share legal custody oftheir children. Wife shall have primary physical custody of the children and Husband shall have liberal periods of partial custody and visitation at such times as agreed upon by the parties. 5, Support. A. Child Support. For so long as Husband remains current in his obligation for weekly payments toward the marital debt as provided in Paragraph 7 of this Agreement, Wife agrees that she shall not file for child support prior to January 1,2005. In the event that Husband shall become delinquent in said payments by more than two (2) weeks, Wife shall be entitled to file for child support without any adverse effect upon Husband's obligations in Paragraph 7 herein, In the event that the parties cannot agree on an amount for child support to commence January I, 2005 and thereafter, child support shall be determined by the appropriate county Domestic Relations Office, B. Medical Care for the Children. The parties agree that the children shall be carried upon the employer sponsored medical insurance programs provided to Husband. The parties further agree that any medical or dental expenses for the children not covered by insurance shall be divided equally between them. e. Child Care Expense. Notwithstanding any provision to the contrary, Husband shall pay to Wife the sum of fifty dollars per week ($50.00) as reimbursement of day care expense for the child until the child begins school in August, 2000. Thereafter, Husband agrees to pay one-half of the day care expense incurred during child's summer vacation from school in each succeeding year on a weekly basis, .t 0", " 6. Division of Personal Property. A. Except as otherwise provided herein, the parties agree that all items of personal property obtained by the parties during their marriage had been divided amongst the parties to their mutual satisfaction. Henceforth, each of the parties shall own, have and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature and description and wheresoever situated which are now owned or held by or which may hereinafter belong to the Husband or Wife respectively, with full power to the Husband or Wife to dispose of the same as fully and effectually in all respects and for all purposes as ifhe or she were urunarried. Nevertheless, Husband's tools currently located in the marital home, but not yet removed by him, shall remain his personal property. B. The parties agree that the 1987 GMC Safari Van shall be the sole and separate property of the Wife. The Pontiac, the pontoon boat, and the 1977 Dodge camper motor home shall be the sole and separate property of Husband. 7. Debts. The parties are obligors on substantial marital debt for which they are participating in a repayment program through Genus Credit Management, Inc, Wife hereby agrees to administer said program for the parties. Husband agrees to make weekly payments to Wife until the first of January 2004, in the amount of TWO HUNDRED FIFTY DOLLARS ($250.00) per week. It is hereby understood by the parties that said weekly payment include any child support obligation that may be due by the Husband, not including child care expense, and, for so long as Husband remains current on the payments described in this paragraph, Wife agrees that she shall not file a complaint for child support. In the event that Husband becomes more than two weeks delinquent at any time, the prohibition against filing for child support by Wife is null and void. However, such filing shall not absolve Husband from his obligation to contribute to the marital debt as provided for herein. 8. Future Debts, The parties further agree that neither will incur any more further debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereof. 9. Real Property. The parties agree that the real property located at 326 Ninth Street, New Cumberland, Cumberland County, Pennsylvania, shall be the sole and separate property of Wife. Husband agrees to transfer all his right, title and interest in and to the real estate described above now titled in the name of Husband and Wife as tenants by the entireties to Wife, and agrees to immediately execute now and in the future any and all deeds, documents or papers necessary to effect such transfer of title upon request. Wife shall pay to Husband, no later than January I, 2005, the sum of FIVE THOUSAND DOLLARS ($5,000.00). Wife shall further execute and deliver to Husband a mortgage to be recorded with the Recorder of Deeds in and for Cmnberland COlmty, evidenCing Husband's interest in said property pursuant to this paragraph. 10. Waiver of Alimony. In consideration of the mutual agreement of the parties vollmtarily to live separate and apart and the provisions contained herein for the respective benefit of the parties and other good and valuable consideration, the parties agree to waive any and all claims for any alimony. 11. Pension. Both parties agree to waive any claims they may have to any pension or employment benefits of any kind, earned during the marriage, by the other party. 12. Bankruptcy. The parties acknowledge and agree that they have specifically structured this Agreement so that the terms, covenants, and conditions set forth herein are non- dischargeable in bankruptcy, under 11 U.S,C.~523(a)(5), ~523(a)(15), or otherwise. It is further specifically acknowledged, represented and understood that as part of the consideration of the making of this Agreement, that: (a) Such obligation is for alimony to, maintenance for or support of the other party; (b) The party filing bankruptcy, hereafter the "Filing Party," has the ability to pay such debt from income or property not reasonably necessary to be expended for the maintenance or support of the Filing Party or of a dependent of the Filing Party or if such party is engaged in a business, for the payment of expenditures necessary for the continuation, preservation and operation of such business; (c) Discharging such debt will not result in a benefit to the Filing Party that would outweigh the detrimental consequences to the other party or a child of the Filing Party, Both parties further acknowledge that the preceding terms and representations set forth their actual intent 13. Divorce, The parties acknowledge that an action for divorce between them has been filed by Wife and is presently pending between them in the Court of Conunon Pleas of Cumberland COlmty to the caption Wendy Sue Swope v. David A. Swope, No. 2000. Civil Term. The parties acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action. The parties acknowledge they have executed simultaneously herewith the necessary Affidavits of Consent for the entry of a fmal divorce decree in that action. 14. Breach. In the event that either party breaches any provision ofthis Separation and Property Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 15. Enforcement The parties agree that this marital settlement agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. =" rr", " '. 16. Applicable Law and Execution. The parties hereto agree that this marital settlement agreement shall be construed under~the laws ofthe Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns, This document shall be executed as original and multiple copies. 17. The Entire Agreement. The parties acknowledge and agree that this marital settlement agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 18. Incorporation and Judgment for Divorce. In the event that either husband or wife at any time hereafter obtain a divorce in the action for divorce presently pending between them, or otherwise, this agreement and all of its provisions shall be incorporated into, but shall not merge with, any such judgment for divorce, either directly or by reference. The Court, on entry of judgment for divorce, shall retain the right to enforce the provisions and terms of this marital settlement agreement. 19. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. , >~ " .' '... IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WI1NESS: 0.t-t- ~ () \~~ - .s S'-'''fl q, WENDY UE SWOPE - tJ~A'_ ,YO. ~~ DAVID A. SWOP:Jt' ""', ,", - ~-'O;-J:.l , . ' ~" ",C '11 - ~ -..." ,- ~-",~, ~ .. -~., . - ~"',,,,"i ;.",~, , -." ~ ~~; -,; ^," ,~ ,",. ~, rl""'_ ,-_ ",.' d" ~.._:,J; I II . II ',,, '! 0 0 0 C c:> "''' :s:: (/) '-1 -oU! M ::c." rn,....." -0 r""'-- '-'r z:o -0[3 ZC \D 'TJ cn~: {-"'6 2a ={ ;!>o ::"~'~Ti <:: 15:a ):>8 ;:'i: ~~o Z "'-m ~~ - O' o' ~ :z r::- =< -<