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HomeMy WebLinkAbout07-0488h WANDA J. SWARTZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAWS JEFFREY L. SWARTZ, NO. 07 yak" Defendant IN DIVORCE NOTICE TO DEFEND 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 Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA SAIDIS, FLOWER & LINDSAY Carol J. Lindsay,; ,1=s ire Attorney Id. 44 93 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff WANDA J. SWARTZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. c77- `IFY JEFFREY L. SWARTZ, ; Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is Wanda J. Swartz, an adult individual, residing at 169 Limekiln Road, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Jeffrey L. Swartz, an adult individual, residing at 169 Limekiln Road, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on January 9, 1991 in West Virginia. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that she has the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance SAIDIS, FLOWER & LINDSAY nnoxrvevs•m'w 26 West High Street Carlisle, PA with §3301 of the Pennsylvania Divorce Code. Dated: tf;'?/P Respectfully submitted, SAIDI,$, FLGWER & Y Carol J. Lindsa , E quire Attorney Id. 49 26 West High treet Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff 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 unsworn falsifications to authorities. Wanda J. Swart Date: j- a A- C q SAIDIS, FLOWER & LINDSAY ;ffT6 P1 XA-T--IAW 26 West High Street Carlisle, PA d v? I_ ?t 8 ti "IN n C- 'Ty r) rl> c3 c3 --I 0 rJ Ti WANDA J. SWARTZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07- bg88 JEFFREY L. SWARTZ, Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, Carol J. Lindsay, Esquire, being duly sworn according to law, hereby deposes and says that on January 26, 2007, she served a true and correct copy of the Complaint in Divorce upon Defendant Jeffrey Swartz, by mailing those documents to the his address at 169 Limekiln Road, Carlisle, PA, by Certified U.S. Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt, the latter of which is signed by the recipient, Jeffrey L. Swartz. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Ctll J. Lindsay, f squire Attorney Id. 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff Dated: February 5, 2007 SAIDIS, FLOWER & LINDSAY ATMRNM-AT-UW 26 West High Street Carlisle, PA ¦ 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 return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: t,?ef Frey L 6 wo L z r t? C , nee, r nc Cis (?`?(? , ?A -7e 13 A. Signature ? Agent 0 Addressee B.. Receiv by ( Printed Name) C. DeAe T Delivery D. 1s deliv ad8ress different from item 1? U te: if YES, ter delivery address below: 0 No 3. Service Type tZ Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number 7004 1350 0003 7285 9781 (rmnsfer fmm service kfto SAIDIS, FLOWER &. LINDSAY ATTORNEYS•AT LAW 26 West High Street Carlisle, PA PS Form 3811, February 2044 Domestic Return Receipt 102595-02-M-1540 WANDA J. SWARTZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY L. SWARTZ, Defendant CIVIL ACTION - LAW NO. 488 CIVIL 2007 IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this J day of , 2007, between _ ?L , WANDA J. SWARTZ, of 169 Limekiln Road, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Wife and JEFFREY L. SWARTZ, of Cumberland County, Pennsylvania, hereinafter referred to as Husband. RECITALS: R.1: The parties hereto are husband and wife having been joined in marriage on January 9, 1991, in West Virginia; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, to Number 07-488 Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: 1 (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. At the same time as they execute this Agreement, the parties shall execute, and then file, Affidavit of Consent and Waiver of Notice forms, and Wife will proceed to finalize the divorce. (3) REAL PROPERTY: The parties are the owners of certain real estate with improvements thereon erected and known and numbered as 169 Limekiln Road, Carlisle, Cumberland County, Pennsylvania. Both parties agree to sell the marital home. It is presently listed for sale with Century 21 and the parties will continue to renew the listing agreement until the home is sold unless they agree in writing to the contrary. Neither party will do anything to interfere with the sale of the marital home and the parties agree to take the advice of their real estate agent regarding the listing price of the home unless they agree to the contrary. It is the parties' intention to secure a prompt sale and they will communicate that intention to their real estate agent. Pending the sale, the parties will continue to reside in the marital home and each will pay one-half of the cost of the first mortgage. Each party will pay the Beneficial home equity loan which he or she has been servicing since the parties' separation. The parties will split the cost of the utilities commencing the date of this Agreement, provided Husband has brought them current, and in the event any taxes and homeowners' insurance are due to be paid prior to the sale of the 2 marital home, the parties will equally contribute to the taxes and insurance. Upon the sale of the marital home, after payment of the usual costs of sale, mortgage and home equity loans, the parties will equally divide the proceeds. For the tax year ending December 31, 2007, the parties will each be able to claim on their Federal income tax returns one-half of the mortgage interest on the first mortgage on the marital home and one-half of the taxes paid by the parties. In addition, each may claim the interest expense for the Beneficial home equity loan each has been paying. Pending sale, Wife will have exclusive possession of the marital home. The parties are owners of a timeshare at Blue Green Vacation Club for which the parties are obligated to Blue Green Corporation. The parties will permit their son, Josh Swartz, to assume the payments and will transfer to him all their right, title and interest in the timeshare. (4) DEBT: A. Marital Debt: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement, except as follows: i. Wife's credit card obligation for the parties' debt to the Internal Revenue Service. Wife shall pay the obligation on her credit card debt by making timely monthly payments in at least the minimum amount required by the creditors until paid in full. ii. The John Deere credit card. iii. Sears credit card. The parties warrant one to the other that the John Deere and the Sears credit cards have zero balances and they will, within ten days of the date of this Agreement, close the cards so that neither will be obligated into the future on those joint obligations. The parties each warrant to the other that there are no other joint debts for which the other 3 could be liable and each party agrees to be solely responsible for any debt incurred during the marriage which is in his or her individual name. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on December 5, 2006, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. Husband will pay the Internal Revenue Service and the Commonwealth of Pennsylvania any taxes owed for 2006 and will indemnify and hold wife harmless on account of any obligation to the IRS and the Commonwealth for his 2006 taxes. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless. from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within ten (10) of the date of this agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. Specifically, Wife will retain the 2002 Chrysler Sebring and Husband will retain the 1990 Ford truck, the 1986 dump truck, the backhoe, the 1993 custom van and the Bass boat and motor. (6) TANGIBLE PERSONAL PROPERTY: Attached hereto as Exhibit "A" are items of personal property which shall be the sole property of Wife. Attached hereto as Exhibit "B" are items of personal property which shall be the sole property of Husband. Other items not listed on 4 either Exhibit "A" or "B" shall be divided by agreement of the parties. The parties hereto mutually agree that they will effect a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. (8) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (9) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel, Husband is represented by P. Richard Wagner, Esquire and Wife is represented by Carol J. Lindsay, Esquire. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result 5 of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (10) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (11) INCOME TAX: The parties have filed joint Federal and State Tax returns for all years up through 2005. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (12) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. 6 (13) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (14) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (15) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (16) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; 7 B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; 1. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. 8 (17) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (18) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (19) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and 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. (20) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (21) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. ITNESS: Wanda J. Swartz 0 jl?? -""? ff Swartz- 9 EXHIBIT "A" 2002 Chrysler Sebring convertible Bedroom suite 3 couches 120 gallon fish tank Snow blower Murray Lawn Mower Wash bowl and stand School chair 3 televisions Pictures Lawn furniture Dishwasher DVDs and VCRs Safe Two figurines of deer from the yard 10 EXHIBIT "B" 1990 Chevrolet pick up truck with snow plow 1993 Ford Econoline Winnebago custom van 1986 Chevrolet dump truck Backhoe Bass boat Tiger leg 8 foot pool table 1000 Block 500 Brick 500-600 Stone Grey Ladders 5 rifles 5-6 saws Bedroom suite Entertainment center 3 dining room tables 2 motorcycles Air compressor Bay window Lights - approximately 20 7 inch tile wet saw Drywall Grill Mixer Sabre Lawn Mower Sprayers Drills and bits Coal stove 2 Bath tubs 2 Desks Television Tools Plank End tables All tools and equipment Two (2) 2'x4' picture frames made by Husband n ?. ?, ? i,? T c: A f'r? ?? T .? _ ? T _? `r.i -'? WANDA J. SWARTZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 488 CIVIL 2007 JEFFREY L. SWARTZ, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on January 23, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety day have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce ater service of notice of intention to request entry of the Decree. I verify that the statements made in this-Affidavit are true and correct to the best of my knowledge. information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsificatk-)n to authorities. Dateo,.k 'w 061 re? L. Swartz DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER§ 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawye;`: fees :ir f'Xl`?enses i du no cia rn ',eiu P a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the SAMIS, FLOWER & LINDSAY M 26 West High Street Carlisle, PA Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penaities of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date:G? tf L. artz ID I-TI co WANDA J. SWARTZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 488 CIVIL 2007 JEFFREY L. SWARTZ, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on January 23, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this-Affidavit are true and correct to the best of my knowledge, information and belief. 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: r-A 0 0'1 aanda J. wa 1. 1 consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a Divorce Decree is entered by the SAMIS, FLOWER & LIlVDS" 26 West High Street Carlisle, PA Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsifi tion to authorities. Date: 0&ea?L Wanda J. Swa ? a 1 VA C i ,, m WANDA J. SWARTZ, Plaintiff V. JEFFREY L. SWARTZ, Defendant PRAECIPE TO TRANSMIT RECORD SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on January 26, 2007, via certified mail. Proof of service was filed with the Court on February 5, 2007. 3. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code was executed: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 488 CIVIL 2007 IN DIVORCE By Plaintiff: July 20, 2007 and filed with Prothonotary on August 13, 2007. By Defendant: July 20, 2007 and tiled with Prothonotary on August 13, 2007. 4. Related claims pending: The terms of the Property Settlement and Separation Agreement dated July 16, 2007 are incorporated, but not merged, into the Decree in Divorce. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was executed: By Plaintiff: July 20, 2007 and filed with Prothonotary on August 13, 2007. By Defendant: July 20, 2007 and filed with Prothonotary on August 13, 2007. , FLOWER-& LINDSAY Car6l J. Lind- , ir&---L Supreme your;A D No. 44693 26 West H treet Carlisle, PA 17013 717-243-6222 C? r-a ?? ? cy ? -„ ?" ? - y?, i ? - - _ .-? ?- -?p -,i ???~'? m WANDA J. SWARTZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 488 CIVIL 2007 JEFFREY L. SWARTZ, Defendant IN DIVORCE NOTICE OF INTENTION TO RESUME PRIOR NAME NOTICE IS HEREBY GIVEN that Wanda J. Swartz, the Plaintiff in the above matter, having filed a Complaint in Divorce on January 23, 2007, hereby intends to resume and hereafter use the previous name of Wanda J. Graver, and gives this written notice avowing her intention in accordance with the provisions *of the Act of April 2, 1980, P.L., 23 P.S. 702, effective July 1, 1980. 1?/)? 0 Wanda J. Swartz TO BE KNOWN AS: zx4a' 4, 1 ? 0 " ? ? Wanda J. Graver SAJODIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA COMMONWEALTH OF PENNSYLVANIA COUNTY OFCUMBERLAND ss. ON this, the OfO day of U? , 2007, before me, a Notary Public, personally appeared Wanda J. Swartz. ,lo known as Wanda J. Graver, known to me or satisfactory proven to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. o A (IZA Notary Public WHAM B. MR, NOUer P*k Cuiisle Boro, CombabW Comfy IPA M CommWa ices Jum 7, 2411 w60 _ `N? rY l ? V '? Q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. WANDA J. SWARTZ VERSUS JEFFREY L. SWARTZ No. DECREE IN DIVORCE 07-488 AND NOW, N %4 Nk yk WO, IT IS ORDERED AND WANDA J. SWARTZ DECREED THAT , PLAINTIFF, AND JEFFREY L. SWARTZ DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms of the Separation and Property Settlement Agreement dated July 16, 2007 BY THE COURT: PROTHONOTARY are incorporated, but not merged, into this Decree in Divorce. W4,v * 4, 1 7 . ?• .40