HomeMy WebLinkAbout07-1416TANYA J. SWARTZ, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. :NO. 4, 7. 1y"14' CIVIL TERM
MICHAEL L. SWARTZ, : ACTION IN DIVORCE
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you and a decree of divorce or annulment may be entered against you by the
Court. A judgment may also be entered against you for any other claim or relief requested in
these papers by the Plaintiff. You may lose money or property or other rights important to you,
including custody or visitation of your children.
Where 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 at the
Office of the Prothonotary, Cumberland County Courthouse.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 St.
Carlisle, Pa. 17013
(717) 249-3166
TANYA J. S WARTZ,
Plaintiff
V.
MICHAEL L. S WARTZ,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 0-7- /9/& CIVIL TERM
: ACTION IN DIVORCE
COMPLAINT IN DIVORCE
COUNT I - DIVORCE
1. Plaintiff is Tanya J. Swartz, a competent adult individual, whose address is 322 West
Penn St., Carlisle, Cumberland County, Pennsylvania, 17013.
2. Defendant is Michael L. Swartz, a competent adult individual, whose address is 322
West Penn St., Carlisle, Cumberland County, Pennsylania, 17013.
3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at
least 6 months immediately previous to the filing of this Complaint.
4. The Plaintiff and the Defendant were married on June 22, 1991 in Carlisle,
Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties.
6. Plaintiff has been advised that counseling is available and that plaintiff may have the
right to request that the court require the parties to participate in counseling.
7. Plaintiff and Defendant have three children together.
8. Plaintiff and Defendant are both citizens of the United States of America.
9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States
of any of its allies.
10. The Plaintiff avers that the grounds on which this action is based are: that the
marriage is irretrievably broken pursuant to 23 Pa.C.S. 3301(c);
WHEREFORE, Plaintiff requests the court to enter a Decree in divorce.
COUNT II - CUSTODY
11. Sections 1. - 10. are herein incorporated by reference.
12. The parties are the natural parents of three children, namely: Michelle Renea Swartz,
date of birth, August 5, 1991, Jennifer Marie Swartz, date of birth, November 20, 1993, Michael
Andrew Swartz, date of birth, February 6, 1998.
13. The parties have been unable to enter a custody stipulation in writing.
14. A custody complaint is being filed contemporaneously with this complaint.
WHEREFORE, Plaintiff prays this Honorable Court, to enter a custody Order regarding
the children.
Respectfully submitted,
Date: '3 % 1-3 - o9
J?pj Adams, Esquire
D No. 79465
64 outh Pitt St.
arlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
VERIFICATION
I verify that the statements made in this Complaint 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: I J I
Tanya Sw , Plaintiff
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TANYA J. SWARTZ, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. CIVIL TERM
MICHAEL L. SWARTZ, : ACTION IN DIVORCE
Defendant
1. Plaintiff is Tanya J. Swartz, who currently resides at 322 West Penn St., Carlisle,
Cumberland County, Pennsylvania, 17013.
2. Defendant is Michael L. Swartz, who currently resides at 322 West Penn St., Carlisle,
Cumberland County, Pennsylvania, 17013.
3. Plaintiff is the Mother of the following children and seeks a custody order regarding
the following children:
NAME DOB/AGE ADDRESS
Michelle Renea Swartz 8/5/91(15) 322 West Penn St., Carlisle, Pa. 17013
Jennifer Marie Swartz 11/20/93 (13) 322 West Penn St., Carlisle, Pa. 17013
Michael Andrew Swartz 2/6/98 (9) 322 West Penn St., Carlisle, Pa. 17013
Mother and Father married on June 22, 1991. The parties currently share physical and
legal custody of the children.
CUSTODY COMPLAINT
During the past five years, the children have resided with the following persons and at the
following addresses:
NAME
ADDRESSES
DATES
Tanya J. Swartz
Michael L. Swartz
322 West Penn St.
Carlisle, Pa. 17013
2002 - present
The mother of the children is Tanya J. Swartz. She currently resides at 322 West Penn
St., Carlisle, Pa. 17013. She is married to Michael L. Swartz.
The father of the children is Michael L. Swartz. He currently resides at 322 West Penn
St., Carlisle, Pa. 17013. He is married to Tanya J. Swartz.
4. The relationship of plaintiff to the children is that of Mother. The plaintiff currently
resides with the father and the children, but a separation is imminent.
5. The relationship of defendant to the children is that of Father. The defendant currently
lives with the mother and the children, but a separation is imminent.
6. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the children in this or another court.
Plaintiff has no information of a custody proceeding concerning the children pending
in a court of this Commonwealth.
Plaintiff does not know of a party to the proceedings who has physical custody of the
child or anyone who claims to have custody or visitation rights with respect to the children.
7. The best interest and permanent welfare of the child will be served by granting the
relief requested because: The parties were married in 1991 and a divorce was filed
contemporaneously with this action. The parties have not agreed to a custody stipulation
regarding the children. It would be in the best interest of the children for a custody order to be
entered because this would provide stability and security for the children.
8. Each parent whose parental rights to the children have not been terminated and the
person who has physical custody of a child has been named as parties to this action.
WHEREFORE, Plaintiff requests the court to enter a custody order regarding the
children.
Respectfully submitted,
Date: Q) 13 - 0`1
Adams, Esquire
o.79465
ath Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
y. .
VERIFICATION
I verify that the statements made in this Custody Complaint 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: ?. _ Tanya J. S , Plaintiff
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TANYA J. SWARTZ IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 07-1416 CIVIL ACTION LAW
MICHAEL L. SWARTZ
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Thursday, March 22, 2007 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at _4th Floor, Cumberland County Courthouse, Carlisle on Thursday, April 19, 2007 at 9:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ Jacqueline M. Verne Es .
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY 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, Pennsylvania 17013
Telephone (717) 249-3166
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TANYA J. SWARTZ, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 07 - 1416 CIVIL TERM
MICHAEL L. SWARTZ, : ACTION IN DIVORCE
Defendant
AFFIDAVIT OF SERVICE
AND NOW, this March 26, 2007, I, Jane Adams, Esquire, hereby certify that
on March 19, 2007, a certified true copy of the NOTICE TO DEFEND, DIVORCE
COMPLAINT AND CUSTODY COMPLAINT were served upon the Defendant, via certified
mail, restricted delivery, return receipt requested at the following address:
Michael L. Swartz I .
322 W. Penn St.
e
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Carlisle
1 0 Complete itwns 1, 2, and 3. Also complete
Item 4 If Restricted Delivery is desired. A. Signature ?
Agent
DEFENDANT • Print your name and address on the reverse X 0 Addre
so that we can return the card to you. B. Received by (Printed Name) C. Date of Dal
¦ Attach this card to the back of the mailpiece,
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or on the front if space permits.
1. Article Addressed to:
MIC"iNEL L 3WNRTZ
322 T4 PENN ST
CARLISLE PA 17013
D. Is delivery address different from item 1? ? Y48
If YES, enter delivery address below ;,GM
3. Service type
0 Certirm mail 0 Emess Mau
0 Registered ? Return Receipt for Merchandise
0 kwured mail O C.O.D.
4. ReWk*ed DeNuwYt P" Fee) 0 Yes
2. Arkb Number 7006 0810 0000 789F 1293 i
Mansfer from service label)
PS Form 3811, February 2004 Domestic Return Receipt 10¢606-2-at-t540
Respectfully Submittgd:
J4kfq Adams, Esquire
D. No. 79465
South Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
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APR 23 2007,O1
TANYA J. SWARTZ, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2007-1416 CIVIL ACTION - LAW
MICHAEL L. SWARTZ,
Defendant IN CUSTODY
ORDER OF COURT
2
AND NOW, this day of A-)o6J , 2007, upon
consideration of the attached Custody Conci iation Report, it is ordered and directed as
follows:
1. The Mother, Tanya J. Swartz and the Father, Michael L. Swartz, shall
have shared legal custody of Michelle Renea Swartz, born August 5, 1991, Jennifer
Marie Swartz, born November 20, 1993, Michael Andrew Swartz, February 6, 1998.
Each parent shall have an equal right, to be exercised jointly with the other parent, to
make all major non-emergency decisions affecting the Children's general well-being
including, but not limited to, all decisions regarding their health, education and religion.
Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and
information pertaining to the children including, but not limited to medical, dental,
religious or school records, the residence address of the children and the other parent. To
the extent one parent has possession of any such records or information, that parent shall
be required to share the same, or copies thereof, with the other parent within such
reasonable time as to make the records and information of reasonable use to the other
parent. Both parents shall be entitled to full participation in all educational and
medical/treatment planning meetings and evaluations with regard to the minor children.
Each parent shall be entitled to full and complete information from any physician, dentist,
teacher or authority and copies of any reports given to them as parents including, but not
limited to: medical records, birth certificates, school or educational attendance records or
report cards. Additionally, each parent shall be entitled to receive copies of any notices
which come from school with regard to school pictures, extracurricular activities,
children's parties, musical presentations, back-to-school nights, and the like.
2. Mother shall have primary physical custody of the children.
3. Father shall have the following periods of partial physical custody:
A. Everyday after school until 8:00 p.m.
B. Alternating weekends from after school to Sunday at 6:00 p.m. Said
time shall be extended to Monday at 6:00 p.m. if there is a school
holiday on Monday.
C. Such other times as the parties agree.
4. Each party shall have two non consecutive weeks in the summer provided
they give the other 30 days prior notice and include a location and telephone number
where the children can be reached.
5. Holidays:
A. Memorial Day, July 4th and Labor Day shall be alternated at times
agreed by the parties. Mother shall have Memorial Day in 2007.
B. Thanksgiving, Christmas and Easter shall be shared such that Father
shall always have the children from 9:00 a.m. to 3:00 p.m. and Mother
shall always have the children from 3:00 p.m. to 9:00 p.m.
C. Mother shall always have the children for Mother's Day from 9:00
a.m. to 6:00 p.m. Father shall always have the children on Father's
Day from 9:00 a.m. to 6:00 p.m.
6. This Order is entered pursuant to an agreement of the parties at a Custody
Conciliation Conference. The parties may modify the provisions of this Order by mutual
consent. In the absence of mutual consent, the terms. is r shall control.
BY THE COUR
J.
cc: Jane Adams, Esquire, Counsel for Mother
Michael O. Palermo, Jr., Esquire, Counsel for Father
4-30-0 9
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'IONO iQUd 3Hl ?O
TANYA J. SWARTZ,
Plaintiff
V.
MICHAEL L. SWARTZ,
Defendant
PRIOR JUDGE: None
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2007-1416 CIVIL ACTION - LAW
: IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Children who are the subject of
this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Michelle Renea Swartz August 5, 1991 shared
Jennifer Marie Swartz November 20, 1993 shared
Michael Andrew Swartz February 6, 1998 shared
2. A Conciliation Conference was held in this matter on April 19, 2007, with
the following in attendance: The Mother, Tanya J. Swartz, with her counsel, Jane Adams,
Esquire, and the Father, Michael L. Swartz, with his counsel, Michael O. Palermo, Jr.,
Esquire.
3. The parties agreed to an Order in the form as attached.
-aO -07
Date acq ine M. Verney, Esquire
Custody Conciliator
TANYA J. SWARTZ,
V.
IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
MICHAEL L. SWARTZ,
Defendant
NO. 07 - 1416 CIVIL TERM
: ACTION IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on February 8, 2007.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the
date of the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of
the decree.
I verify that the statements made in this affidavit are true and correct. I also understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to
authorities.
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Date: 6-a7-0 7 1 -,P-07
Tanya J. Sw rt laintiff
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER 43301(c) AND 43301(d) OF THE DIVORCE CODE
1. I consent to 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 corr ect. 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:
Tanya J. Sw rtlaintiff
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TANYA J. SWARTZ, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 07 - 1416 CIVIL TERM
MICHAEL L. SWARTZ, : ACTION IN DIVORCE
Defendant
AFFIDAVIT OF CONSENT
i . A complaint in divorce under section 3301(c) of the Divorce Code was filed on February 8, 2007.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the
date of the filing and service of the Complaint.
the decree.
I consent to the entry of a final decree of divorce after service of notice of intention to request entry of
verify that the statements made in this affidavit are true and correct. I also understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to
authorities.
Date: ?01P
G
Michartz, efendant
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER 43301(c) AND 43301(d) OF THE DIVORCE CODE
1. 1 consent to 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 1 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.
d
Date: r7??
°? Michael L. Swartz, Defend t
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TANYA J. SWARTZ, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 07 - 1416 CIVIL TERM
MICHAEL L. SWARTZ, : ACTION IN DIVORCE
Defendant
MARRIAGE SETTLEMENT AGREEMENT
vh,
THIS AGREEMENT, made this day of 7S V3 , 2007, by and
between, TANYA J. SWARTZ, of Carlisle, Cumbeland County, Pennsylvania, hereinafter
referred to as "WIFE", and MICHAEL L. SWARTZ, of Carlisle, Cumberland County,
Pennsylvania, hereinafter referred to as "Husband";
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on June 22, 1991 in Carlisle,
Cumberland County, Pennsylvania,
WHEREAS, there were three children born of this marriage;
WHEREAS, diverse, unhappy differences, disputes, and difficulties have arisen between
the parties and it is the intention of Husband and Wife to live separate and apart for the rest of
their natural lives, and the parties desire to settle their respective financial property rights and
obligations as between each other, including the settling of all ratters between them relating to
ownership and equitable distribution of real and personal property; the fettling of all matters
between them relating to the past, present, and future support, alimony, and/or maintenance of
Husband or Wife; and In general, the settling of any and all possible claims by one against the
other or against their respective estates;
NOW THEREFORE, Husband and Wife, in consideration of the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable consideration,
receipt of which is hereby acknowledged, and each intending to be legally bound, Husband and
Wife hereby covenant and agree as follows:
1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a
full and fair disclosure of income, assets, and their valuation prior to the execution of this
Agreement as well as any other fact relating in any way to the subject matter of this agreement.
These disclosures are part of the consideration made by each party for entering into this
agreement. Each party agrees that he or she shall not, at any future time, raise as a defense, or
otherwise, the lack of such disclosure in any legal proceedings involving this agreement, with the
exception of disclosure that may have been fraudulently withheld. In the event that either party,
at any time hereafter, discovers such a fraudulently undisclosed asset, that party shall have the
right to petition the Court of Common Pleas of Cumberland County to make equitable
distribution of such asset. The non-disclosing party shall be responsible for payment of counsel
fees, costs, or expenses incurred by the other party in seeking equitable distribution of such asset.
2. ADVICE OF COUNSEL. The Husband has employed and had the benefit or counsel
of Michael Palermo, Esquire, as his attorney. The Wife has employed and had the benefit or
counsel of Jane Adams, Esquire, as her attorney. Each party has carefully and completely read
this agreement and has been advised and is completely aware not only of its contents but of its
legal effect. Husband and Wife acknowledge that this agreement is not a result of collusion,
improper or illegal agreements.
3. SEPARATION. The parties intend to maintain separate and permanent domiciles
and to live apart from each other. Neither party shall harass, annoy, injure, threaten, or interfere
with the other party in any manner whatsoever. Each party may carry on and engage in any
employment, profession, business or other activity as he or she may deem advisable. Neither
party shall interfere with the uses, ownership, enjoyment, or disposition of any property now
owned and not specified herein or property hereafter acquired by the other.
4. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Wife has filed a
Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is
irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of the
Pennsylvania Divorce Code. Husband hereby expresses his agreement that the marriage is
irretrievably broken and expresses his intent to execute any and all affidavits or other documents
necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce
Code. The parties hereby waive all rights to request Court Ordered counseling under the Divorce
Code. The provisions of this Agreement relating to equitable distribution of property of the
parties are accepted by each party as a final settlement for all purposes whatsoever, as
contemplated by the Pennsylvania Divorce Code.
Should a decree, judgment, or order of separation or divorce be obtained by either of the
parties in this or any other state, country or jurisdiction, each of the parties hereby consents and
agrees that this Agreement and all of its covenants shall not be affected in any way by any such
separation or divorce; and that nothing in any such decree, judgment, order, or further
modification or revision thereof shall alter, amend, or vary any term of this Agreement, whether
or not either or both of the parties shall remarry. It is specifically agreed that a copy of this
Agreement or the substance of the provisions thereof, may be incorporated by reference into any
divorce, judgment, or decree. This incorporation shall not be regarded as a merger, it being the
specific intent of the parties to permit this Agreement to survive any judgment and to be forever
binding and conclusive upon the parties.
5. DATE OF EXECUTION. The "date of execution" or "execution date" of this
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 this
Agreement. All provisions of this agreement shall be effectuated by the parties within thirty
(30) days of the execution date of this agreement unless otherwise specified within this
agreement.
b. MUTUAL RELEASE OF ALL CLAIMS. Other than as provided in this
agreement, each party may dispose his or her property in any way and each party hereby waives
and relinquishes any and all rights he or she may now have or hereafter acquire under the present
or future laws of any jurisdiction to share in the property or the estate of the other as a result of
the marital relationship, including without limitation, statutory allowance, widow's allowance,
right of intestacy, right to take against the will of the other, and right to act as administrator or
executor in the other's estate. Each will at the request of the other, execute, acknowledge, and
deliver any and all instruments which may be necessary or advisable to carry into effect this
mutual waiver and relinquishment of all such interest, rights, and claims.
7. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants
that they have not contracted any debt or liability for the other or which the estate of the other
party may be responsible or liable, and except only for the rights arising out of this agreement,
neither party will hereafter incur any liability whatsoever for which the other party or the estate
of the other party, will be liable. Each party agrees to indemnify or hold harmless from the other
and against all future obligations of every kind incurred by them, including those for necessities.
8. OUTSTANDING JOINT DEBTS.
(a) Wife agrees that the following debts are her own personal responsibility and therefore
agrees to completely and finally pay on the following debts and obligations.
Any and all debts incurred in her name alone or post-separation.
(b) Husband agrees that the following debts are his own personal responsibility and
therefore agrees to completely and finally pay on the following debts and obligations.
Any and all debts incurred in his name alone or post-separation.
9. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have
attempted to distribute their marital property in a manner which conforms to the criteria set forth
in the Divorce Code at 23 Pa.C.S.A. s3501 et. seq. 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 effected 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
the marital rights of the parties.
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As such, the parties acknowledge that Husband or Wife's obligation to make the
payments defined in this agreement shall not be subject to termination, discharge, or
discontinuance in bankruptcy or for any other reason or by any Court or tribunal.
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10. OTHER PROPERTY. Husband and Wife do hereby acknowledge that they have
previously divided all their tangible personal property. Except as may otherwise be provided in
this Agreement, Wife agrees that all of the property of Husband or in his possession shall be the
sole and separate property of Husband; and Husband agrees that all of the property of Wife or in
her possession shall be the sole and separate property of Wife. The parties do hereby specifically
waive, release, renounce, and forever abandon whatever claim, if any, he or she may have with
respect to the above items which shall become the sole and separate property of the other.
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The parties waive any interest in any real estate either party acquires after
the date of the filing of the divorce complaint.
11. MOTOR VEHICLES. With respect to the motor vehicles, owned by one or both
of the parties, they agree as follows: Each party will retain the respective motor vehicles in their
possession. . The titles to the said motor vehicles shall be executed by the parties, if appropriate
for effecting transfer as herein provided, within thirty days of the execution date of this
Agreement, and said executed titles shall be delivered to the proper parties on the distribution
date. Each party agrees to be solely responsible for the amounts presently due and owing against
his or her respective automobiles.
13. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. Other than as provided
herein, the parties agree to waive any and all rights they have in and to each other's employment
benefits, including but not limited to both parties pensions and retirement plans and Incentive
Savings Plans. The parties agree never to assume any claim to such benefits of the other at any
time in the future.
The parties shall equally divide their respective 401(k) or IRA accounts and shall
cooperate and share in the cost of the preparation of any Qualified Domestic Relations
Order required to divide such accounts on an equal basis.
14. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each parry
hereby waives any right to spousal support, alimony, or alimony pendente lite, and each party
agrees to be responsible for his or her own legal fees and expenses. The parties herein
acknowledge that by this Agreement, they have respectively secured and maintained a substantial
and adequate fund with which to provide for themselves sufficient financial resources to provide
for their comfort, maintenance, and support in the station of life to which they are accustomed.
Wife and Husband do hereby waive, release, and give up any rights they may respectively have
against the other for alimony, support, or maintenance.
15. INCOME TAX RETURNS. The parties have previously filed joint State and
Federal Tax returns. Both parties agree that in the even any deficiency in Federal or State income
tax is proposed, or any 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 therwith.
Such tax, interest, penalty, or expense shall be paid solely and entirely by the individual whose 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.
16. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or
waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and
no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent
default of the same or similar nature.
17. MUTUAL COOPERATION. Each party shall, at any time and from time to time
hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and
all further instruments and/or documents that the other party may reasonably require for the
purpose of giving full force and effect to the provisions of this Agreement.
18. APPLICABLE LAW. The Agreement shall be construed in accordance with the
laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this
Agreement.
19. INTEGRATION. This Agreement constitutes the entire understanding of the
parties and supersedes any and all prior agreements or negotiations between them. There are no
representations or warranties other than those expressly set forth herein.
20. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they
will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds,
notes, or such other writings as may be necessary or desirable for the proper effectuation of this
Agreement.
21. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect
unless and until terminated under and pursuant to the terms of this Agreement. The failure of
either party to insist upon strict performance of any of the provisions of this Agreement shall in
no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any
default or breach of any provision hereof by construed as a waiver of any subsequent default or
breach of the same or similar nature, not shall it be construed as a waiver or strict performance of
any other obligations herein.
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 provisions shall be stricken from this Agreement; and in all other respects,
this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the
failure of any party to meet his or her obligations under any one or more of the paragraphs herein,
with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter
the remaining obligations of the parties.
23. BREACH. If either party breaches any provisions of this agreement, the other party
shall have the right, at his or her election, to sue for damages for such breach, or seek other
remedies or relief as may be available to him or her, and the party breaching this contract should
be responsible for payment of legal fees and costs incurred by the other in enforcing their rights
under this agreement.
24. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreement
acknowledges that he or she is fully informed as to the facts relating to the subject matter of this
agreement, is entering into this agreement voluntarily, free from fraud, undue influence, coercion
or duress of any kind, has given careful thought to the making of this agreement, has carefully
read each provision of this agreement, and fully and completely understands each provision of
this agreement.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written:
WITNESS:
j44L--7--
Michael Palermo, Esquire
155 S. Hanover St.
Carlisle, Pa. 17013
ATTORNEY FOR HUSBAND
if"
Michael L. Swa , Husband
Date: 6 .1Q,-
WITNESSETH:
e Adams, Esquire
6 S. Pitt St.
arlisle, Pa. 17013
ATTORNEY FOR WIFE
l
Tanya J. w z, Wife
Date: /^ ' ?^ .60
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TANYA J. SWARTZ,
Plaintiff
V.
MICHAEL L. SWARTZ,
TO THE PROTHONOTARY:
1. Ground for divorce: i
2. Date and manner of t
delivery, return receipt requeste
3. Date of execution of
By Plainti
By
4. Related claims
5. Date Defendant's W
Prothonotary: July 2, 2
Date Plaintiffs Wai
Prothonotary: June 27,
Date: ? • (--I - -?
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07 - 1416 CIVIL TERM
ACTION IN DIVORCE
Please transmit the record, together with the following
information to the Court for entry of a divorce decree:
evable breakdown under 3301(c) of the Divorce Code.
vice of the Complaint: Served via certified mail, restricted
March 19, 2007.
fidavit of consent required by 3301(c) of the Divorce Code:
June 27, 2007.
June 20, 2007.
Notice in §3301(c) Divorce was filed with the
Notice in §3301(c) Divorce was filed with the
Respectfully Submitted:
e Adams, Esquire
I.D. No. 79465
64 S. Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
Attorney for Plaintiff
i
co
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
Tanya J. Swartz, Plaintiff
N O. No. 07 - 1416 Civil Term
VERSUS
Michael L. Swartz, Defendant
DECREE IN
DIVORCE
AND NOW, IT IS ORDERED AND
DECREED THAT Tanya J. Swart. , PLAINTIFF,
AND Michael L. Swartz
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; The marriage settlement agreement which was filed and signed by the parties on
on June 27, 20007 shall be incorporated and
PROTHONOTARY
into this Decree.
•.
TANYA J. SWARTZ, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. No. 07 - 1416 Civil Tenn
MICHAEL L. SWARTZ, ACTION IN DIVORCE
. Defendant
DOMESTIC RELATIONS ORDER
WHEREAS, Tanya J. Swartz, the "Participant" and Michael L. Swartz, the "Alternate
Payee", have agreed to the division of marital property pursuant to State domestic relations law,
which agreement provides for the entry of a Domestic Relations Order (the "Order") to provide
for the division and disposition of the account balances of the Participant under a Retirement
Savings Plan sponsored by Fidelity, (Hereinafter referred to as the "Savings Plan"), and to grant
the Alternate Payee rights to such benefits in such amounts and on the terms and conditions
prescribed in this Order and in the Plans; and
WHEREAS, the estimated value of the Participant's account balances in the Unisys
Savings Plan as of March 31, 2007 was $20,267.17, and;
WHEREAS, this Order is intended to be a Qualified Domestic Relations Order
("QDRO") as that term is defined in Section 414(p) of the Code and section 206(d)(3) of ERISA.
NOW THEREFORE, it is hereby ORDERED and DECREED as follows:
1. Amount of Benefits to be Distributed to Alternate Pee.
The Alternate Payee shall be entitled to receive the amount of $9,592.51 (minus any
amounts withheld for taxes) of the Participant's Account Balances in her Fidelity Retirement
Savings Plan. Distributions required in order to comply with the terms of this Order will be
made pro rata from each of the investment funds in which the Participant's accounts are invested.
2. Time and Manner of Payment.
The amounts set forth in Section 1 as payable from the Savings Plan shall be segregated
in an account in the name of the Alternate Payee as soon as practicable after the Effective Date of
the Order which shall be the date the Plan Administrator has determined pursuant to Paragraph 7
hereof that this Order is a Qualified Domestic Relations Order within the meaning of 414(p) of
the Code and Section 206(d)(3) of ERISA, or, if such Plan Administrators have predetermined
that this Order constitutes a Qualified Domestic Relations Order, then immediately after enter of
this Order.
1
3. Addresses.
The name and current mailing address of the Participant is as follows:
Tanya J. Swartz SSN:
11 Independence Dr.
Mount Holly Springs, Pa. 17065.
The name and current mailing address of the Alternate Payee is:
Michael L. Swartz SSN: 188-54-7318
322 W. Penn St.
Carlisle, Pa. 17013
The Alternate Payee shall keep the Plan Administrator informed of his or her current
address.
4. Death of Alternate Payee.
In the event the Alternate Payee dies before all the accounts from the Savings Plan are
distributed to him or her under this Order, any amounts not yet distributed from the Savings Plan
shall be paid to the beneficiary designated by the Alternate Payee. If the Alternate Payee has not
designated a beneficiary, any amounts not yet distributed from the Savings Plan shall be paid in
accordance with the Plan's procedures.
5. Death of the Participant.
The death of the Participant prior to the death of the Alternate Payee shall not alter the
Alternate Payee's rights hereunder to receive payment of amounts set forth in Section 1 hereof.
6. Liabilitjy for Income Taxes.
The Alternate Payee, shall be solely responsible for, and bear the burden of, all state,
federal, and any other income taxes, penalties, and interest payable with respect to amounts
distributed to the Alternate Payee undertaken pursuant to this Order.
7. Plan Administrator.
A copy of this Order shall be mailed promptly (return receipt requested) to the Plan
Administrator. If this Order has been predetermined by the Plan Administrator to constitute a
Qualified Domestic Relations Order, then the Plan Administrator shall promptly carry out its
provisions. If this Order has not been predetermined by the Plan Administrator to be a Qualified
Domestic Relations Order, then the Plan Administrator shall, within a reasonable time after
receipt of this Order, determine weather this Order is a Qualified Domestic Relations Order and
notify both the Participant and the Alternate Payee of such determination. During the period
which such determination is being made, the Plan Administrator shall comply with all
requirements imposed upon him by Section 414(p)(7) of the Code and Section 206(d)(3)(H) of
ERISA. If the Plan Administrator determines that this Order is not a Qualified Domestic
Relations Order, then he shall immediately notify both the Participant and the Alternate Payee of
such determination and the reasons therefor.
8. Continuing Jurisdiction.
This Court shall retain jurisdiction to make any changes in this Order to the extent
required to carry out the intent of the parties as provided in this Order and in the Agreement.
Participant's Atto
Michael Palermo, Esquire
155 S. Hanover St.
Carlisle, Pa. 17013
(717) 241-6070
Dated: /0/?
ORDERED and DECREED this
B
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datteemmatee Payee's Attorney
Jane Adams, Esquire
64 South Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
Dated: /0- /(S . 0 7
day of
, 2007,
J.
cc: ,,,,Jane Adams, Esquire
,Michael Palermo, Esquire
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301,11 ?,C 311J
TANYA J. SWARTZ, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. No. 07 - 1416 Civil Term
MICHAEL L. SWARTZ, ACTION IN DIVORCE
Defendant
DOMESTIC RELATIONS ORDER
WHEREAS, Tanya J. Swartz, the "Participant" and Michael L. Swartz, the "Alternate
Payee", have agreed to the division of marital property pursuant to State domestic relations law,
which agreement provides for the entry of a Domestic Relations Order (the "Order") to provide
for the division and disposition of the account balances of the Participant under a Retirement
Savings Plan sponsored by Fidelity, (Hereinafter referred to as the "Savings Plan"), and to grant
the Alternate Payee rights to such benefits in such amounts and on the terms and conditions
prescribed in this Order and in the Plans; and
WHEREAS, the estimated value of the Participant's account balances in the Holy Spirit
401(k) Plan as of March 31, 2007 was $20,267.17, and;
WHEREAS, this Order is intended to be a Qualified Domestic Relations Order
("QDRO") as that term is defined in Section 414(p) of the Code and section 206(d)(3) of ERISA.
NOW THEREFORE, it is hereby ORDERED and DECREED as follows:
1. Amount of Benefits to be Distributed to Alternate Payee.
The Alternate Payee shall be entitled to receive the amount of $9,592.51 (minus any
amounts withheld for taxes) of the Participant's Account Balances in her Fidelity Retirement
Savings Plan. Distributions required in order to comply with the terms of this Order will be
made pro rata from each of the investment funds in which the Participant's accounts are invested.
2. Time and Manner of PaXment.
The amounts set forth in Section 1 as payable from the Savings Plan shall be segregated
in an account in the name of the Alternate Payee as soon as practicable after the Effective Date of
the Order which shall be the date the Plan Administrator has determined pursuant to Paragraph 7
hereof that this Order is a Qualified Domestic Relations Order within the meaning of 414(p) of
the Code and Section 206(d)(3) of ERISA, or, if such Plan Administrators have predetermined
that this Order constitutes a Qualified Domestic Relations Order, then immediately after enter of
this Order.
3. Addresses.
The name and current mailing address of the Participant is as follows:
Tanya J. Swartz SSN: 191-64-5619
11 Independence Dr.
Mount Holly Springs, Pa. 17065.
The name and current mailing address of the Alternate Payee is:
Michael L. Swartz SSN: 188-54-7318
322 W. Penn St.
Carlisle, Pa. 17013
The Alternate Payee shall keep the Plan Administrator informed of his or her current
address.
4. Death of Alternate Payee.
In the event the Alternate Payee dies before all the accounts from the Savings Plan are
distributed to him or her under this Order, any amounts not yet distributed from the Savings Plan
shall be paid to the beneficiary designated by the Alternate Payee. If the Alternate Payee has not
designated a beneficiary, any amounts not yet distributed from the Savings Plan shall be paid in
accordance with the Plan's procedures.
5. Death of the Participant.
The death of the Participant prior to the death of the Alternate Payee shall not alter the
Alternate Payee's rights hereunder to receive payment of amounts set forth in Section 1 hereof.
6. Liability for Income Taxes.
The Alternate Payee, shall be solely responsible for, and bear the burden of, all state,
federal, and any other income taxes, penalties, and interest payable with respect to amounts
distributed to the Alternate Payee undertaken pursuant to this Order.
7. Plan Administrator.
A copy of this Order shall be mailed promptly (return receipt requested) to the Plan
Administrator. If this Order has been predetermined by the Plan Administrator to constitute a
Qualified Domestic Relations Order, then the Plan Administrator shall promptly carry out its
provisions. If this Order has not been predetermined by the Plan Administrator to be a Qualified
Y '
Domestic Relations Order, then the Plan Administrator shall, within a reasonable time after
receipt of this Order, determine weather this Order is a Qualified Domestic Relations Order and
notify both the Participant and the Alternate Payee of such determination. During the period
which such determination is being made, the Plan Administrator shall comply with all
requirements imposed upon him by Section 414(p)(7) of the Code and Section 206(d)(3)(H) of
ERISA. If the Plan Administrator determines that this Order is not a Qualified Domestic
Relations Order, then he shall immediately notify both the Participant and the Alternate Payee of
such determination and the reasons therefor.
8. Continuing Jurisdiction.
This Court shall retain jurisdiction to make any changes in this Order to the extent
required to carry out the intent of the parties as provided in this Order and in the Agreement.
P icipant's Attorney
Michael Palermo, Esquire
155 S. Hanover St.
Carlisle, Pa. 17013
(717) 241-6070
Dated: { 1"610
v!
Payee's Attorney
'Jane Adams, Esquire
17 W. South St.
Carlisle, Pa. 17013
(717) 245-8508
Dated: q 1 q 0s
ORDERED and DECREED this /4 k " ` day of
J.
cc:
'Jane Adams, Esquire
Michael Palermo, Esquire
?1710e
, 2008,
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