Loading...
HomeMy WebLinkAbout07-0556 SHEREE D. SWINGLE, Plaintiff, VS. EDWARD R. SWINGLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 07-- 5s? ?cc : CIVIL ACTION - LAW : IN DIVORCE 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 action. You are warned that, if you fail to do so, the case may proceed without you and a decree of divorce or annulment 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 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A 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. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone (800)-990-9108 SHEREE D. SWINGLE, Plaintiff, VS. EDWARD R. SWINGLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION - LAW : IN DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas seguientes, debe tomar accion con prontitud. se le avisa que si no se defiende, el caso pude proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por las Corte. una decision puede tambien ser emitida en su contra por caulquier otra queja o compensacion eclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County, One Courthouse Square, Carlisle, PA 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMTIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SO NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telefono (800)-990-9108 SHEREE D. SWINGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. d'"7- S'S4, EDWARD R SWINGLE, CIVIL ACTION -LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes Plaintiff, Sheree D. Swingle, who files this Complaint in Divorce, and in support thereof states the following: 1 • Plaintiff is Sheree D. Swingle, (hereinafter referred to as "Plaintiff'), an adult individual who resides at 124 West Portland Street Apt. # 33 Mechanicsburg, Pa. 17055. 2. Defendant is Edward R. Swingle, (hereinafter referred to as "Defendant"), an adult individual who resides at 1501 Dalkeith Drive Mechanicsburg, Pa. 17050. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this divorce Complaint. 4. Plaintiff and Defendant were married on 17 August, 2002, in Cumberland County, Pennsylvania. 5. The parties have been separate and apart within the meaning of the Pennsylvania Domestic Relations Code since 1 June, 2006. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff avers that the marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the court require the parties to participate in counseling. Defendant does not desire counseling. WHEREFORE, Plaintiff, Sheree D. Swingle, respectfully requests that this Court enter a Decree of Divorce and grant such other relief as this Court deems just and proper. Date: 26 January, 2007 SHEREE D. SWINGLE, Pro Se 124 West Portland Street Apt. # 33 Mechanicsburg, Pa. 17055 717-697-01346 SHEREE D. SWINGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. EDWARD R. SWINGLE, : CIVIL ACTION - LAW Defendant : IN DIVORCE VERIFICATION I, SHEREE D. SWINGLE, verify that the statements in the foregoing COMPLAINT IN DIVORCE 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 unworn falsification to authorities. Date: 26 January, 2007 SHEREE D. WING , Plaintiff SHEREE D. SWINGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 0 9 - , S? EDWARD R. SWINGLE, : CIVIL ACTION - LAW Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, EDWARD R. SWINGLE, Defendant in the above-captioned matter, hereby accept service of the Complaint Under Section 3301(c) or 3301(d) of the Domestic Relations Code. Date: 26 January, 2007 EDWARD R. SWINGLE, Defendant 1501 Dalkeith Drive Mechanicsburg, Pa. 17050 SHEREE D. SWINGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. EDWARD R. SWINGLE, : CIVIL ACTION -LAW Defendant : IN DIVORCE VERIFICATION I, EDWARD R. SWINGLE, verify that the statements in the foregoing COMPLAINT IN DIVORCE 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 unworn falsification to authorities. Date: 26 January, 2007 -.-? ? L.- Z EDWARD R. SWINGLE, Defendant hJ r (may •`^?`l "` `. \ i ?? _ {? ?? V (?, v? i!.3 1 `?N\ _J S? SHEREE D. SWINGLE, Plaintiff, VS. EDWARD R. SWINGLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-556 CIVIL : CIVIL ACTION - LAW : IN DIVORCE ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Linda A. Clotfelter, Esquire, for Defendant, Edward R. Swingle, in the above-captioned proceeding. Respectfully Submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: j ?- I D 7 5021 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile ? ?? G -,? ?! ? Tx ^P? S? t -" r ?y ?•• s?i - -' ? :l.* +., SHEREE D. SWINGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-556 CIVIL EDWARD R. SWINGLE, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this /1""day of March, 2007, the undersigned hereby certifies that a true and correct copy of the foregoing ENTRY OF APPEARANCE was served upon the opposing party by United States First Class Mail, postage prepaid: Sheree D. Swingle 124 West Portland Street, Apt. #33 Mechanicsburg, PA 17055 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER w V 1t9L'4jv I o v vi Li da A. Clotfelter, Esquire A orney ID No. 72963 021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff C; ? .h ?,?_ ? --r t-?,w,;, "'?? ? `? L f.? w » r V? ?? SHEREE D. SWINGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA 07 sS? C,y? 1 ?em'I VS. :NO. EDWARD R. SWINGLE, : CIVIL ACTION - LAW Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, EDWARD R. SWINGLE, Defendant in the above-captioned matter, hereby accept service of the Complaint Under Section 3301(c) or 3301(d) of the Domestic Relations Code. Date: 12 February 2007 I EDWARD R. SWINGLE, De ndant 1501 Dalkeith Drive Mechanicsburg, Pa. 17050 ,?' f?rr w y`'?jy SHEREE D. SWINGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-556 CIVIL EDWARD R. SWINGLE, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 13 01day of March, 2007, the undersigned hereby certifies that a true and correct copy of the foregoing ACCEPTANCE OF SERVICE was served upon the opposing party by United States First Class Mail, postage prepaid: Sheree D. Swingle 124 West Portland Street, Apt. #33 Mechanicsburg, PA 17055 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER inda A. Clotfelter, Esquire I Attorney ID No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff Nz r- 0 SHEREE D. SWINGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-556 CIVIL EDWARD R. SWINGLE, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on January 17, 2006. 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. 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. Section 4904, relating to unsworn falsification to authorities. Date: Jr / d / S4& SHEREE D. SW GLE, Pl intiff ?? ? ? ?? ??,r :-- ?? r ?? _.._ ?°a 0 SHEREE D. SWINGLE, Plaintiff, VS. EDWARD R. SWINGLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-556 CIVIL CIVIL ACTION - LAW IN DIVORCE 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. 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 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. i Date: 6 , SHEREE D. SWI GLE, Plaintiff ?r SHEREE D. SWINGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-556 CIVIL EDWARD R. SWINGLE, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on January 17, 2006. 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. 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. Section 4904, relating to unsworn falsification to authorities. Date: 47 4-4? ' EDWARD R. SWINGLE, De endant U -7 1 T^o? s i SHEREE D. SWINGLE, Plaintiff, VS. EDWARD R. SWINGLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-556 CIVIL CIVIL ACTION - LAW IN DIVORCE 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. 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 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: ya K 0-7 ,? EDWARD R. SWINGLE, Defendant c? r'? ? ? -r?? i }. _..,a ?-?r ? '''? --r.; - -?..K 9"T y?.?:. _: Y? ?? rtz { - - .- ?.y --? MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this Ad day of 2007, between SHEREE D. SWINGLE, (hereinafter referred to as Wife), and EDWARD R. SWINGLE, (hereinafter referred to as Husband). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on August 17, 2002, and they are now separated within the meaning of the Pennsylvania Divorce Code; and WHEREAS, the parties have no natural children from their marriage; and WHEREAS, disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous of settling their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the past, present, and future support and/or maintenance of Wife by Husband or Husband by Wife; the settling of all matters between them relating to the equitable division of marital property; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Husband is being represented in this proceeding by Linda A. Clotfelter, Esquire; and that Wife has been informed that she has the right to independent legal counsel of her choice but Wife has chosen not to be represented by counsel in this proceeding. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts or obligations for which the other party may be liable in whole or part, and all sources and amounts of income. -1- WHEREAS, the parties acknowledge that they fully understand the facts, and they acknowledge and accept that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The parties shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, except as may be necessary to carry out the provisions of this Agreement. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means in any manner whatsoever with him or her. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the person, property or estate of the other party which he or she now has or at any time hereafter may have against the other party including but not limited to past, present, future support, maintenance, -2- alimony, alimony pendente lite, counsel fees, costs or expenses, but not including rights, agreements and obligations of this Agreement or for breach of any provision of this Agreement. It is the intention of Husband and Wife to give to each other, by the execution of the Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights against the other or any past, present and future claims on account of support and maintenance; that it is specifically understood and agreed that the payments, transfers and other considerations herein recited so comprehend and discharge any and all such claims by each other against the other, and same are in full settlement and satisfaction of all claims against the other party, except any counsel fees, costs or expenses as may be incurred in connection with a breach of the Agreement as set forth hereinafter in Paragraph 18. 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and it is intended to confer third-party beneficiary rights upon the heirs and -3- beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in and by his or her Last Will and Testament; and each of the parties further covenants and agrees that he or she will permit any Last Will and Testament of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself as well as his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the rights addressed in this Agreement. 4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised that it is their legal right to have these disclosures made prior to entering into this Agreement, and by entering into this Agreement without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 6. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory -4- or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a court hold hearings and make decision on the matters covered by this Agreement, which court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: a. Inventory: The right to obtain an inventory of all marital and separate property as defined by the Pennsylvania Divorce Code. b. Income and Expense Statement: The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter required to be filed in any child support action or any other proceedings pursuant to an Order of Court. C. Discovery: The right to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out of a breach of this Agreement, out of any child support action, or out of any other proceedings in which discovery is -5- specifically ordered by the court. d. Determination of Marital and Non-Marital Propert y: The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. e. Other Rights and Remedies: The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs and expenses. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being affected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. The parties agree to the equitable distribution of the marital property as follows: A. MOTOR VEHICLES. The parties specifically agree that each party shall retain exclusive use and ownership of the vehicle presently in his or her possession. Each of the parties shall be fully and solely responsible for any and all financial or other obligations associated with the vehicle and he or she agrees to indemnify and hold harmless the other party from any and all liability for same. Each party agrees to execute any title or other documentation to effectuate the terms of this paragraph as provided herein. As provided -6- herein the parties agree to obtain and maintain the necessary automobile insurance for the vehicle he or she is retaining with no lapse in coverage. B. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties have previously divided between themselves to their mutual satisfaction, their household and personal property upon agreement. The parties specifically agreed that Wife shall have exclusive possession and ownership of the living room furniture, and Husband shall have exclusive ownership of the remaining household goods and personal property. Neither party shall make any claim to any such items of marital property designated to the other party, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this Paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, it is physically in the possession or control of the party at the time of the signing of this Agreement or as per the time limitations described, above, and in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. C. PENSION, PROFIT-SHARING, RETIREMENT, OR OTHER PLANS RELATED TO EMPLOYMENT. The parties acknowledge that Husband has a retirement fund with the Pennsylvania State Prison and that he may also be entitled to retirement from the United States Army if he remains enlisted for at least twenty (20) years, while Wife has no retirement accounts. The parties specifically agree that -7- Husband shall retain his retirement fund with the Pennsylvania State Prison and his potential Military retirement and that Wife shall waive any and all rights that she may have to same. The parties also agree to cooperate fully in effectuating the terms of this paragraph by signing any and all documents that may be required. D. DISTRIBUTION OF CASH ASSETS, STOCKS AND BONDS AND INVESTMENT ACCOUNTS. The parties agree that they have distributed to each, to their mutual satisfaction, the sums deposited in the marital bank accounts, investment accounts, and other similar accounts. The parties further agree that they shall retain as their respective sole and separate property any other depository or brokerage accounts, stocks, or bonds held in their respective individual names. E. REAL ESTATE. The parties acknowledge that during the marriage they jointly owned residential real estate that was utilized as the marital residence. The property is commonly known as 1501 Delkeith Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 (hereinafter the Real Estate). Each party understands that they have the right to have an appraisal done to value the home, which would be done at their own expense; however, each party expressly waives the right to said appraisal. The parties mutually agree that Husband shall retain sole possession and ownership of the Real Estate free of any right, claim, title or interest of Wife. Husband shall assume all liabilities and obligations in connection with the upkeep and maintenance of the Real Estate, including but not limited to the mortgages, real estates taxes, assessments, utilities and homeowner's insurance. Husband shall indemnify and hold Wife harmless from any and all claims of every kind arising out of or in connection with the Real Estate. -8- By here signature herein, Wife is waiving any and all rights that she may have had, she may now have, or she may have in the future in the Real Estate, including but not limited to those rights pursuant to the equitable distribution provisions of the Pennsylvania Divorce Code. Accordingly, the parties agree that Husband and Wife shall execute a deed within thirty (30) days of the date of execution of this Agreement, conveying the Real Estate from both parties' names to Husband's name alone. It is further agreed that all household utility accounts not in Husband's name alone shall be transferred to Husband's name alone within ten (10) days of the execution of this Agreement. F. MISCELLANEOUS PROPERTY. As to the execution date of this agreement any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled the party to whom it is in possession. This agreement shall constitute as sufficient bill of sale to evidence of transfer of any and all rights and such property from each to the other. G. PROPERTY TO WIFE. The parties agree that Wife shall own, possess, and enjoy free from any claim of Husband, the property rewarded to her by the terms of this agreement. Husband hereby quit claims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto together with any insurance policies covering that property, and any escrow account related to that property. This agreement shall constitute as sufficient bill of sale evidence of transfer of any and all rights and such property from Husband to Wife. H. PROPERTY TO HUSBAND. The parties agree that Husband shall own, possess, and enjoy free from any claim of Wife, the property rewarded to him by the terms of this agreement. Wife hereby quit claims, assigns and conveys to Husband all -9- such property, and waives and relinquishes any and all rights thereto together with any insurance properties covering that property, and any escrow account related to that property. This agreement shall constitute as sufficient bill of sale evidence of transfer of any and all rights and such property from Wife to Husband. 8. DEBTS. Husband represents and warrants to Wife that since the separation he has not, and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. a. Marital Debt. During the course of the marriage, Husband and Wife have incurred certain bills and obligations that are marital debt. It is their specific desire to address a distribution of those debts herein. The parties agree that each party shall retain as his or her sole and separate obligation the marital debt as described in this section. b. General Provision: Any debt herein described shall be deemed to include the current balance owed on the debt as of the date of execution of this Agreement. C. Wife's debts: Wife shall be solely responsible for the following bills and debts: 1. Automobile Loan and other Automobile liabilities: Wife shall be solely responsible for any automobile loans secured by the vehicle she is retaining as well as any other financial obligations related to the vehicle, and Wife shall indemnify and hold Husband harmless from same. 2. Other Debts: Any and all other debts, liabilities, obligations, loans, -10- credit card accounts, and the like incurred in Wife's sole name, and not otherwise provided for herein. d. Husband's Debts: Husband shall be solely responsible for the following bills and debts: Mortgage: The mortgage(s) on the Real Estate and Husband shall indemnify and hold wife harmless from same. 2. Real Estate Expenses: Any and all expenses associated with the Real Estate as referenced in Paragraph 7(E), and Husband shall indemnify and hold Wife harmless from same. 3. Automobile Loan: Husband shall be solely responsible for any automobile loans secured by the vehicle he is retaining and Husband shall indemnify and hold Wife harmless from same. 4. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Husband's sole name, and not otherwise provided for herein. e. Indemnification: Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. This includes but is not limited to any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. f. No Further Charizes on Joint Debts: Neither party shall make any further charges on any joint debt for which the other party may be responsible, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay same. From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. g. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. 9. COUNSEL FEES AND COSTS. Husband and Wife each agree to be responsible for their own attorney's fees and costs incurred with respect to the negotiation and drafting of this Marital Settlement Agreement and the divorce proceedings related thereto. -11- 10. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage, to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. Except as provided herein, the parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. The parties acknowledge that by this Agreement they have each respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed or unemployed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, the parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance. It shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain himself or herself without seeking any additional support from the other party. In the event that either of the parties seeks a modification of the terms of this paragraph, or in the event that either party makes any claim for spousal support or alimony other than as provided for by the terms of this Agreement, that party shall indemnify and hold the -12- other party harmless from and against any loss resulting therefrom, including counsel fees and costs. 11. DIVORCE. A Complaint in Divorce has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania, to Civil Docket No. 07-556, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to Section 3301(c) of the Divorce Code upon the expiration of the mandatory 90-day waiting period, in a timely manner. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 12. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. 13. RECONCILIATION. Notwithstanding a reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. -13- 14. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any Court having jurisdiction shall enforce the provisions of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 15. DATE OF EXECUTION. The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing the Agreement. 16. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and -14- wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, and of all sources and amounts of income received or receivable by each party. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 18. BREACH. If either party breaches any provision of this Agreement, the other party shall have the following rights and remedies, at his or her election, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party: a. Specific Performance: The right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. b. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. c. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa.C.S.A. 789 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. d. Other Remedies: Any other remedies provided for in law or in equity. e. Considerations for Reasonable Attorneys Fees: Any award of "reasonable -15- attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforce by the non-breaching party. 19. PENNSYLVANIA LAW. The parties agree that the terms of this Agreement and any interpretation and/or enforcement thereof shall forever be governed by the Laws of Pennsylvania. 20. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. 21. 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, including Deeds and other real estate-related documents, titles, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 22. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and shall continue in full force, effect and operation. 23. WARRANTY. Husband and Wife again acknowledge that they have each read and understand this Agreement, and each warrants and represents that it is fair and equitable to each of them. -16- 24. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 25. BINDING EFFECT. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. WITNESSES: i n EREE D. SWIN LE EDWARD R. SWINGLE -17- COMMONWEALTH OF PENNSYLVANIA COUNTY OF .C--J SS. On thiseday of t2,,rA , 2007, before me, the undersigned officer, personally appeared SHEREE D. SWINGLE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Joseph L. Grove, Notary Public Silver Spring Up., Cumberland County My Commission Expires June 18, 2009 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF J SS. On this 23 day of M I-'- ?-, ,_, 2007, before me, the undersigned officer, personally appeared EDWARD R. SWINGLE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Joseph L. Grove, Notary Public Silver Spring Up., Cumberland County My Corrlmission Fans June 18, 2009 Member, Pennsylvania Association of Notaries -18- .f SHEREE D. SWINGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-556 CIVIL EDWARD R. SWINGLE, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. The ground for divorce is irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. The Complaint was filed on February 12, 2007. 3. Date and manner of Service of the Complaint: February 12, 2007, by Acceptance of Service of Defendant, Edward R. Swingle, as evidenced same filed March 14, 2007. 4. The Plaintiffs Affidavit of Consent was executed by the Plaintiff on May 14, 2007 and filed on May 22, 2007. The Defendant's Affidavit of Consent was executed on May 14, 2007, and filed on May 22, 2007. 5. Plaintiff executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on May 14, 2007, and said waiver was filed on May 22, 2007. Defendant executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on May 14, 2007, and said waiver was filed on May 22, 2007. 6. There are no related claims pending. The parties resolved the economic issues by written Marital Settlement Agreement dated March 23, 2007, which shall be incorporated but not merged into the divorce decree as per Paragraph 14 on page 14. Respectfully submitted, Date: a? LAW FIRM OF LINDA A. Clotfelter Lida A. Clotfelter, Esquire orney I.D. No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 (Telephone) (717) 796-1933 (Facsimile) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. SHEREE D. SWINGLE, Plaintiff VERSUS EDWARD R. SWINGLE, No. 07-556 CIVIL Defendant DECREE IN DIVORCE AND NOW, O SHEREE D. SWINGLE DECREED THAT AND EDWARD R. SWINGLE 2007 , IT IS ORDERED AND PLAINTIFF, ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,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; NONE BY THE COURT: A, E l ? I _ J. PROTHdbNfbTARY 4,-, o>5"7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ?S?ICR? ?. SvVrN??E Plaintiff Vs File No. Q ?- JrJ`r? IN DIVORCE Swr?l?LE Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of &EREE < &AI N and gives this written notice avowing his / her intention pursu t to the?provi ions 54 P.S. 704. Date: 1111, -4. ZDD-? I 1-i Signature Signature of n e being resumed COMMONWE TH OF PENNSYLVANIA ) COUNTY OF Alln L On the day of AraU,?T- , 2007 before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. NOTARIAL SEAL Notary Public 4&144 rY PROTHONOTARY, NOTARY PUBLIC ?' CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4, 2010 Jo . ??3 3 `l- 71L- C7 C7 0 C7 -n -D -Ti r_- 0 CI J ," \..J