Loading...
HomeMy WebLinkAbout03-1596IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RANDY J. SWEIGART, NO. 03 -- /9% ` 1 Plaintiff vs. CIVIL ACTION - LAW MARIAN D. SWEIGART, : Defendant 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 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 relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania 17013. 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 ASSISTANCE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RANDY J. SWEIGART, NO. Plaintiff vs. CIVIL ACTION - LAW MARIAN D. SWEIGART, Defendant IN DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOS USED HA SIDO DEMANDADO EN LA CORTE. Si desea defederse de las quejuas expuestas en las paginas siquientes, debe tomar accion con prontitud. Se le avisa que si not se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades y 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 Court House, Carlisle, Pennsylvania 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO Y OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telefano: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RANDY J. SWEIGART, NO. D3 54? Plaintiff v vs. CIVIL ACTION - LAW MARIAN D. SWEIGART, Defendant IN DIVORCE AFFIDAVIT OF MARRIAGE COUNSELING RANDY J. SWEIGART, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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: 7 l _ 0 D J. SWEIG T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RANDY J. SWEIGART, NO. e`- Plaintiff V vs. CIVIL ACTION - LAW MARIAN D. SWEIGART, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this 1 st day of April, 2003, comes the Plaintiff, Randy J. Sweigart, by his attorney, G. Patrick O'Connor, Esquire, Office of G. Patrick O'Connor, Esquire, and files the following Complaint in Divorce whereof the following is a statement: 1. The Plaintiff, Randy J. Sweigart, is an adult individual who currently resides at 445 3rd Street, West Fairview, Cumberland County, Pennsylvania 17025. 2. The Defendant, Marian D. Sweigart, is an adult individual who currently resides at 445 3rd Street, West Fairview, Cumberland County, Pennsylvania 17025. 3. The Plaintiff and Defendant were married on April 8, 1982 and separated on March 8, 2003. 4. The Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 5. There have been no prior actions of divorce or annulment between the parties. 6. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. Both the Plaintiff and Defendant are sui juris and are citizens of the United States. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. WHEREFORE, the Plaintiff requests your Honorable Court to enter a decree divorcing the Plaintiff and Defendant absolutely. Respectfully submitted, G. Patrick O'Connor, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 ID No. 64720 Attorney for the Plaintiff VERIFICATION I, RANDY J. SWEIGART, state that I am the PLAINTIFF in the above-captioned case and that the facts set forth in the foregoing are true and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa.C.S. Sec. 4904. SWEIG RT Date: x-/-03 n v ? ? •C '? ?? iii' NDY J. S`v??`EIGfiI`T, : it l Ti--iE (iuR OF C.i7lUlltriOl?i PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. MARIAN D. SWEIGART, CASE NO. 03-1596 Cy V Defendant CIVIL ACTION -LAW _T) ,?. MOTION TO REINSTATE DIVORCE COMPLAINT A 5M AND NOW, comes Randy J. Sweigart, Plaintiff herein, who files the wi#afin o -c Petition to Reinstate Divorce Complaint, by respectfully averring as follows: 1. The Plaintiff is Randy J. Sweigart, an adult individual who lives at 318 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043 (hereinafter referred to as "Petitioner"). 2. The Defendant is Marian D. Sweigart (hereinafter referred to as "Defendant") is an adult individual who is currently residing at 445 Third Street, West Fairview, Cumberland County, PA 17025. 3. On April 7, 2003, Plaintiff filed a Complaint in Divorce against Defendant docketed at 03-1596. At all times relevant to this divorce action, Plaintiff was represented by legal counsel. On October 27, 2006, the above referenced divorce action was nolle prossed because there had been no court filings. Plaintiff was not contacted by his legal counsel and did not otherwise receive information that the case was about to be nolle prossed. It was not until the Plaintiff retained the undersigned counsel that a search of the case record revealed that the matter had been nolle prossed. 4. Had Plaintiff known that the matter was soon to be nolle prossed, he would have filed a document co prevent the noiie pros. 5. The Plaintiff and Defendant still reside a part from each other and Plaintiff desires to obtain a divorce from his wife. The alternative to the reinstatement of the divorce would be to file a new divorce complaint, which would require that Plaintiff pay another filing fee. Additionally, one of the grounds for the divorce under the dismissed action is pursuant to Section 3301 C. It has been over ninety days since the original divorce complaint was filed. If another action must be filed, then Plaintiff will need to wait 90 days from the filing of the new complaint in order to seek to conclude the divorce. 6. It would be in the best interest of the Plaintiff that the above action be reinstated. Additionally, neither of the parties would suffer prejudice if the action is reinstated. However, if it was not reinstated, Plaintiff would suffer hardship in that he would be required to pay another filing fee and would have to wait additional time before a divorce could be granted. 'WHEREFORE, it is respectfully requester that this c- onorabie Court grant the within Motion and reinstate the Plaintiff's Complaint in Divorce consistent with the statements made herein. Respectfully submitted, MICHAEL RENTSCHLER, ESQUIRE 28 North 32nd Street Camp Hill, PA 17011 (717) 975-9129 Attorney for Plaintiff . , -. VERIFICATION I, Randy Sweigart, do hereby swear and affirm that the statements contained in the foregoing Document are true and correct. I understand that any false statement may be prosecuted under Pa CSA Section 4904, which relates to unsworn falsification to authorities. Date: RAND IGAR CERTIFICATE OF SERVICE I, Michael D. Rentschler, Esquire, do hereby certify that, on the date stated below, I served a copy of the foregoing Motion upon the following by United States mail, postage prepaid and addressed to: Marian D. Sweigart 445 Third Street West Fairview, PA 17025 Date: f ._Z_ Michael D. Ren schler, Esquire 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-9129 Supreme Court ID # 45836 RANDY J. SWEIGART, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-1596 CIVIL MARIAN D. SWEIGART, DEFENDANT CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 26th day of February, 2007, upon consideration of the Motion to Reinstate Divorce Complaint filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before March 19, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, A hael D. Rentschler, Esquire Attorney for Plaintiff arian D. Sweigart Defendant J t bas lti? -? ?" M. L. Ebert, Jr., J. 1, rl L f •?l, 4''IJ LZ 83A LODZ RANDY J. SWEIGART, Plaintiff Vs. MARIAN D. SWEIGART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CASE NO. 03-1596 : CIVIL ACTION -LAW MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Randy J. Sweigart, Plaintiff herein, who files the within Motion to Make Rule Absolute, by respectfully averring as follows: 1. The Plaintiff is Randy J. Sweigart, an adult individual who lives at 318 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043 (hereinafter referred to as "Petitioner"). 2. The Defendant is Marian D. Sweigart (hereinafter referred to as "Defendant") is an adult individual who is currently residing at 445 Third Street, West Fairview, Cumberland County, PA 17025. 3. On February 30, 2007 Plaintiff, through his counsel, filed a Motion to Reinstate Divorce Complaint. In response to the Motion, a Rule was issued upon the Defendant to show cause why the relief requested should not be granted. The Defendant was directed to file an answer on or before March 19, 2007. 4. Defendant has not filed an Answer in response to the Plaintiffs Motion. Since there has been no answer filed by Defendant and the applicable date for response has passed, it is requested that the divorce complaint be reinstated. WHEREFORE, it is respectfully requested that this Honorable Court grant the within Motion and reinstate the Plaintiffs Complaint in Divorce consistent with the statements made herein. Respectfully submitted, MICHAEL D. RENTSCHLER, ESQUIRE 28 North 32"d Street Camp Hill, PA 17011 (717) 975-9129 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Michael D. Rentschler, Esquire, do hereby certify that, on the date stated below, I served a copy of the foregoing document upon the following individual by first class mail, postage prepaid and addressed to: Marian D. Sweigart 445 Third Street West Fairview, PA 17025 Date: Michael D. R ntschler, Esquire 28 N. 3Vd Street Camp Hill, PA 17011 (717) 975-9129 Supreme Court ID # 45836 - c? , '-f7 =?_ -,- • t?. ..., .? --t -? -r? . ?. . i __?_ may.. ? ?':t ? i I :. ``s .:?_. £." i ?? w.,,,3 MAR E 8 2007 RANDY J. SWEIGART, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. MARIAN D. SWEIGART, CASE NO. 03-1596 Defendant CIVIL ACTION - LAW ORDER AND NOW, this 36 i? day of 1`k'v 4? , 2007, the Court having issued an Order dated February 26, 2007 which gave Defendant until March 19, 2007 to file an Answer to Plaintiffs Motion to Reinstate Divorce Complaint; and noting that no Answer has been filed by Defendant, Plaintiffs Motion to Make Rule Absolute is hereby GRANTED. The Divorce Complaint in the above captioned case is hereby reinstated. hael D. Rentschler, Esquire ?-cttor ey for Plaintiff '" avian D. Sweigart Defendant BY THE COURT: J M. L. EBERT, JR. 1 ? ` ;t) 1.1 --l4i ?Q RAQNDY J. SWEIGART, Plaintiff VS. MARIAN D. SWEIGART, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 03-1596 CIVIL IN DIVORCE MOTION FOR APPOINTMENT OF DIVORCE MASTER And now, this 9THday of May, 2007, comes Randy J. Sweigart, through his attorney, Michael D. Rentschler, Esquire, who files the within Motion as follows: 1). On April 7, 2003, Plaintiff filed a Complaint in Divorce against Defendant. The parties have been unable to resolve property issues nor have they been able to obtain a divorce from each other. Consequently, it is requested that a Divorce Master be appointed to decide property issues and to grant a divorce. WHEREFORE, it is respectfully requested that a Divorce Master be appointed. Respectfully submitted, Michael D. Rentschler, Esquire 28 N. 32nd Street Camp Hill, PA 17011 717-975-9129 Supreme Court ID 45836 Attorney for Defendant I. ' 3%' CERTIFICATE OF SERVICE I, Michael D. Rentschler, Esquire, attorney for Plaintiff, do hereby certify that I have, this date, delivered a copy of the foregoing document to the following person, by first class mail, postage prepaid and addressed to: Marian D. Sweigart 445 Third Street West Fairview, PA 17025 Date: /2: Respectfully submitted, Michael D. Rentschler, Esquire 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-9129 Supreme Court ID # 45836 ?'' r-? `;? -- _ ?, t "' `? ' ? , ? v, ? > t- -? 3 - ?` .. 1 -? ,. ?. MAY 10 201 p"Y RANDY J. SWEIGART, Plaintiff Vs. MARIAN D. SWEIGART, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 03-1596 IN DIVORCE ORDER And now, this /P 7?- day of 2007, upon consideration of the Motion for Appointment of Divorce Master, Esquire, is hereby appointed as Divorce Master. BY THE COURT: Dis ut" . is D. Rentschler, Esquire an D. Sweigart ? r. J 1o C 1 ,' 1c1 01 IVIVI LUE JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 AHRENS LAW FIRM, P.C. 52 Gettysburg Pike Mechanicsburg, PA 17055 Telephone No. (717) 697-1800 Attorney for Defendant RANDY J. SWEIGART, : THE COURT OF COMMON PLEAS OF Plaintiff VS. MARIAN D. SWEIGART, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1596 : CIVIL ACTION - AT LAW DIVORCE PRAECIPE TO ENTER APPEARANCE AS COUNSEL FOR DEFENDANT TO THE PROTHONOTARY: Please enter my appearance as counsel of record for Defendant, Marian D. Sweigart, in the above divorce action. Dated: June 7, 2007 By: 77 JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 AHRENS LAW FIRM, P.C. 52 Gettysburg Pike Mechanicsburg, PA 17055 Telephone No. (717) 697-1800 Attorney for Defendant a JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 AHRENS LAW FIRM, P.C. 52 Gettysburg Pike Mechanicsburg, PA 17055 Telephone No. (717) 697-1800 Attorney for Defendant RANDY J. SWEIGART, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. MARIAN D. SWEIGART, Defendant No. 03-1596 CIVIL ACTION - AT LAW DIVORCE DEFENDANT'S PETITION FOR RELATED CLAIMS PURSUANT TO PA.R.C.P.1920.15(b) AND NOW, comes the Defendant, Marian D. Sweigart, by and through her attorney, Jeanne B. Costopoulos, Esquire, and respectfully represents as follows in support of this Petition: 1. The Petitioner is the Defendant above-named, Marian D. Sweigart, currently residing at 445 Third Street, West Fairview, Cumberland County, Pennsylvania, 17025. 2. The Respondent is the Plaintiff above-named, Randy J. Sweigart, currently residing at 403 2"d Street, West Fairview, Cwnberland County, Pennsylvania, 17055. 3. The Plaintiff and Defendant were married on April 8, 1982. 4. Plaintiff filed a Complaint in Divorce to the above caption and number. Said Complaint was reinstated by an Order signed by the Honorable M. L. Ebert, Jr., on March 30, 2007. EQUITABLE DISTRIBUTION OF PROPERTY 5. Paragraphs 1 through 4 above are hereby incorporated herein be reference as though fully set forth. 6. The parties acquired "marital property" as defined under the Divorce Code during the course of their marriage. 7. In order to effectuate economic justice between the parties, Petitioner requests this Honorable Court to enter a fair and just determination and settlement of the parties' property rights. WHEREFORE, Petitioner requests this Honorable Court to equitably divide and distribute the "marital property" of the parties in accordance with the Divorce Code. RESPECTFULLY SUBMITTED: Dated: 6?40 7 By: JNAIM#, B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 AHRENS LAW FIRM, P.C. 52 Gettysburg Pike Mechanicsburg, PA 17055 Telephone No. (717) 697-1800 Attorney for Defendant/Petitioner b RANDY J. SWEIGART, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 03-1596 MARIAN D. SWEIGART, CIVIL ACTION - AT LAW Defendant DIVORCE VERIFICATION I, Marian D. Sweigart, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: P _O Signature: an, an D. Sweigart 4 RANDY J. SWEIGART, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 03-1596 MARIAN D. SWEIGART, CIVIL ACTION - AT LAW Defendant DIVORCE CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Michael D. Rentschler, Esquire 28 N. 32nd Street Camp Hill, PA 17011 Bv: JMNNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 AHRENS LAW FIRM, P.C. 52 Gettysburg Pike Mechanicsburg, PA 17055 Telephone No. (717) 697-1800 Attorney for Defendant/Petitioner Dated: ?? ?l / a O ?, N - a? Cam. N O JEANNE B. COSTOPOULOS, ESQUIRE Zi ? n- '.r ` (n ' Attorney I.D. No. 68735 5000 Ritter Road Suite 202 c '-" Q.I TJ .- , Mechanicsburg, PA 17055 ' Telephone No. (717) 221-0900 Attorney for Defendant c? RANDY J. SWEIGART, THE COURT OF COMMON PLEAS OF CD Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 03-1596 MARIAN D. SWEIGART, CIVIL ACTION - AT LAW Defendant DIVORCE DEFENDANT'S PETITION FOR SPECIAL RELIEF TO PREVENT THE CONCEALMENT,WASTE. AND DISSIPATION OF MARITAL ASSETS Defendant, Marian D. Sweigart, by and through her attorney, Jeannd B. Costopoulos, Esquire, avers the following: 1. The Petitioner is the Defendant above-named, Marian D. Sweigart, hereinafter referred to as Wife, currently residing at 445 Third Street, West Fairview, Cumberland County, Pennsylvania, 17025. 2. The Respondent is the Plaintiff above-named, Randy J. Sweigart, hereinafter referred to as Husband, currently residing at 403 2°d Street, West Fairview, Cumberland County, Pennsylvania, 17025. 3. The parties were married on April 8, 1982. 4. Husband filed a Complaint in Divorce to the above caption and number which was reinstated on March 30, 2007. 5. Wife filed a Petition for Related Claims on June 15, 2007, which added an equitable distribution count to the pending divorce action. 6. Petitioner (hereinafter referred to as "Wife") and Respondent (hereinafter referred to as "Husband"), as tenants by the entireties, are owners of certain real property and other assets, which, although marital, are titled in the name of Husband individually and Wife individually. 7. Wife believes that since the parties separated in July of 2005, Husband has disposed of the following assets: a. Real estate located at 313 Ridge Street, Steelton, Dauphin County, Pennsylvania b. 1967 Dodge Dart c. 2002 Suzuki 650 motorcycle d. IRA held by Husband valued at approximately $4,000.00 C. Approximately $15,950.00 contained in a joint Allfirst checking account. 8. Wife believes that Husband has already and will continue to dissipate, alienate or encumber the marital property of the parties. 9. It is believed and averred that the actions of Husband in dissipating these marital assets will be contrary to the interests of Wife and in violation of the obligations owed by Husband to Wife under the Divorce Code. 10. By selling, transferring, disposing, encumbering, concealing, removing or alienating funds and assets without accounting of same to Wife defeats Wife right to equitable distribution of the marital estate. 11. Section 3323(f) of the Divorce Code provides in relevant part: In all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part and may grant such other relief or remedy as equity and justice require against either party... 12. Section 3505(a) of the Divorce Code provides: Where it appears to the court that a party is about to ... dispose of, alienate or encumber property in order to defeat equitable distribution ... an injunction may be attached as prescribed by general rules. 13. Pennsylvania Rule of Civil Procedure 1920.43(a) provides: At any time after the filing of the complaint, on petition setting forth facts entitling the party to relief, the court may, upon such terms and conditions as it deems just... (1) issue preliminary or special injunctions necessary to prevent the removal, disposition, alienation or encumbering of real or personal property in accordance with Rule 1531(a), (c), (d) and (e); or (2) order the seizure or attachment of real or personal property; or (3) grant other appropriate relief. 14. In addition, Wife fears Husband may attempt to take from Wife the 1998 M320 Mercedes Benz she has been driving and maintaining since the parties' separation over two years ago. The VIN of the Mercedes is 4JGAB54E7WA029723. 15. Husband has possession of at least three other vehicles for his use at the present time. 16. The 1998 Mercedes is the only vehicle in Wife's possession and she has spent thousands of dollars maintaining it and keeping insurance on it over the past two years. 17. Wife also uses the vehicle to transport the parties' grandchildren, of whom Wife has primary custody. 18. Undersigned counsel left a voicemail message for Husband's counsel of record, Michael D. Rentschler, Esquire, on September 12, 2007, regarding his position on the instant petition. As of the time of filing, no response has been received. A copy of the instant petition was also faxed to Attorney Rentschler on September 12, 2007. WHEREFORE, Wife prays for equitable relief as follows: a. that in injunction issue preliminary and until hearing and finally thereafter, enjoining Husband from disposing, transferring, encumbering, concealing, selling, removing, or alienating any marital property absent written agreement between the parties; b. that your Honorable Court issue an order granting exclusive use of the vehicle to Wife pending final resolution of all issues relating to equitable distribution; that your Honorable Court issue an order requiring an accounting of all withdrawals or transfers of marital assets by Husband since July 12, 2005; and d. such other relief as your Honorable Court may deem appropriate. Respectfully Submitted: By: JEANA B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Date: f 1l Z! ° Attorney for Defendant VERIFICATION I, Marian D. Sweigart, hereby verify that the statements made in the foregoing document 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. 4 Date: Signature: MarianD. Sweigart CERTIFICATE OF SERVICE I, Jeannd B. Costopoulos, Esquire, Attorney for Marian D. Sweigart, Defendant herein, do hereby certify that on this date I faxed a true and exact copy of the foregoing document to the following person: Michael D. Rentschler, Esquire 28 N. 32nd Street Camp Hill, PA 17011 VIA FACSIMILE NO. (717) 975-2939 By: JEANN B. COSTOPOUL , ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 /r Telephone No. (717) 221-0900 Date: 12? o Attorney for Defendant ca ? c CO RANDY J. SWIEGART, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-1596 CIVIL CIVIL ACTION - LAW MARIAN D. SWEIGART, DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 13"' day of September, 2007, upon consideration of the Defendant's Petition for Special Relief to Prevent the Concealment, Waste, and Dissipation of Marital Assets, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiff to show cause why the relief requested should not be granted; 2. The Plaintiff will file an answer on or before October 4, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Defendant shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Plaintiff files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. 4. The Prothonotary is directed to forward said Answer to this Court. IT IS FURTHER ORDERED AND DIRECTED that the Defendant shall have exclusive use of the 1998 M320 Mercedes Benz, VIN 4JGAB54E7WA029723, and that the Plaintiff shall not sell, encumber, alienate, or otherwise dispose of or dissipate any marital assets until further Order of Court. By the Court, N-L M. L. Ebert, Jr., J. 'OWA"VSNN3d 91: t `Wd , C l d3S LOOZ A8ViQNOHiO8d M :10 -30L O-03V Michael Rentschler, Esquire Attorney for Plaintiff Jeanne B. Costopoulos, Esquire Attorney for Defendant bas it RANDY J. SWEIGART, Plaintiff Vs. MARIAN D. SWEIGART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 03-1596 CIVIL ACTION - LAW IN DIVORCE ASSETS AND NOW, comes Randy J. Sweigart, Plaintiff/Husband herein, who files the within Response to Defendant/Wife's Petition, by respectfully averring as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. Proof thereof is demanded. 7. Admitted in part. Denied in part. It is admitted that the parties are separated. It is denied that they were separated in July, 2005. To the contrary, it is averred that they were separated in April, 2003. Without admitting that the assets described in this paragraph are marital assets, although there has been a disposition of the assets described in a-e, any disposition of the assets was done in the best interests of the parties and does not constitute waste or concealment. a. Admitted in part. Denied in part. It is admitted that 313 Ridge Street, Steelton, Dauphin County, Pennsylvania was soli. It is denied that the property was marital. Even if it is determined to be marital, Wife was aware that Husband was going to sell the property and did not object to said sale. Additionally, the proceeds from the sale were used to pay marital debts and to pay real estate taxes on the property. Had it not been for the sale of the house, the property would have been lost to a tax sale. Consequently, the sale of the property was in the best interests of the parties. b. Admitted in part. Denied in part. It is admitted that the 1967 Dodge Dart was sold. It is denied that the property is marital. Even if it is determined to be marital, the vehicle was sold for repairs to the real estate properties. Additionally, Wife knew that Husband was going to sell the vehicle and that the proceeds of the sale were to be used, and, in fact were used, to pay for repairs to 313 Ridge Street. Consequently, the sale was for the best interests of the parties. c. Admitted in part. Denied in part. It is admitted that the 2002 Suzuki 650 motorcycle was sold. It is denied that it was marital property. Even if it was determined to be marital property, the proceeds were used toward taxes on 313 Ridge Street. d. Admitted in part. Denied in part. Admitted that money was withdrawn from IRA account held by Husband. Denied that the property is marital. In the event that it is determined to be marital, the money was used to pay for taxes on real estate properties, the mortgages and bills that could arguably be considered marital. e. Admitted in part. Denied in part. It is admitted that funds were withdrawn from account. It is denied that the account was marital. Furthermore, any withdrawals by Husband were a result of Wife first making withdrawals from the account. Husband withdrew funds from this account on the advice of his prior attorney and placed funds in separate account to avoid dissipation of funds by Wife. 8. Denied. Proof thereof is demanded. 9. Denied. Without admitting that any of the transactions of assets were wrongful, any dispositions were made with the knowledge of Wife and were done to further the best interests of the marital unit. By way of further answer, see Husband's response to paragraph 7. 10. Denied. Contrary to Wife's assertions, any disposition of funds or property was done in the best interests of the parties and with the knowledge of wife. By way of further answer, see answer to paragraph 7. 11. Admitted in part. Denied in part. It is admitted that the language stated is a partial quote of the statutory section. It is denied that an injunction or other recourse should result. 12. Admitted in part. Denied in part. It is admitted that the language stated is a partial quote of the statutory section. It is denied that an injunction or other recourse should result. 13. Admitted in part. Denied in part. It is admitted that the language stated is a partial quote of the statutory section. It is denied that an injunction or other recourse should issue. 14. Husband is unable to admit or deny the allegation as this allegation is limited to the Wife's unique mental impression. By way of further answer, it is admitted that Wife has been driving said vehicle. However, it is denied that she has been "maintaining" the vehicle. 15. Admitted in part. Denied in part. It is admitted that Husband owns three vehicles. It is denied that they are all operable. 40 16. Denied. Husband is unaware as to whether wife is driving any other vehicle other than the 1998 Mercedes. It is further denied that wife has spent thousands of dollars maintaining it and keeping insurance on it over the past two years. Proof of the allegations is demanded. Contrary to Wife's assertions, Husband has paid toward maintenance costs. The vehicle is titled under Husband's name and he carries liability insurance on the vehicle because liability insurance on Wife's policy would be substantially higher because of her DUI conviction. 17. Admitted in part. Denied in part. It is admitted that wife uses the Mercedes for transportation. Although wife has primary custody of the grandchildren, it is denied that such is relevant to the issue at hand. By way of further answer, Wife has refused to permit Husband to see the grandchildren. 18. Admitted. WHEREFORE, it is respectfully requested that this Honorable Court deny the equitable relief sought by wife. Respectfully submitted, MICHAEL D. RENTSCHLER, ESQUIRE 28 North 32nd Street Camp Hill, PA 17011 (717) 975-9129 Attorney for Plaintiff ft VERIFICATION I, Randy Sweigart, do hereby swear and affirm that the statements contained in the foregoing Document are true and correct. I understand that any false statement may be prosecuted under Pa CSA Section 4904, which relates to unworn falsification to authorities. Date: ?" i?xli0 ? SWEI ART CERTIFICATE OF SERVICE I, Michael D. Rentschler, Esquire, do hereby affirm that on the date stated herein, I served a true and correct copy of the foregoing document upon the following individual, by first class mail, postage prepaid and addressed to: Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Date: ?I 6 Michael D. Rentschler, Esquire 28 N. 32nd Street Camp Hill, Pennsylvania 17011 717-975-9129 Supreme Court ID # 45836 Attorney for Plaintiff e- o 'Ti t f' frti ?C m r w f 1 RANDY J. SWEIGART, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1596 CIVIL V. CIVIL ACTION - LAW MARIAN D. SWEIGART, DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 11th day of October, 2007, upon consideration of the Defendant's Petition for Special Relief to Prevent the Concealment, Waste, and Dissipation of Marital Assets, and the Plaintiff's Response thereto, IT IS HEREBY ORDERED AND DIRECTED that a status conference with counsel shall be held on Friday, November 9, 2007, at 9:30 a.m. in chambers of Courtroom No. 5 in the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. L. Ebert, Jr., J. , ichael Rentschler, Esquire Attorney for Plaintiff J?anne B. Costopoulos, Esquire Attorney for Defendant bas ` y t(r"'no O S :Z Wd 1 1 130 LODZ M AUK I - ? d 3IHi ?o X3±40-CM RANDY J. SWEIGART, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1596 CIVIL V. CIVIL ACTION - LAW MARIAN D. SWEIGART, DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 9th day of November, 2007, it appearing that the pending issue has been resolved and counsel are preparing an agreement to be signed by the parties, IT IS HEREBY ORDERED AND DIRECTED that the hearing scheduled for this date is cancelled and may be rescheduled at the request of either party if required. By the Court, M. L. Ebert, Jr., J. Michael Rentschler, Esquire Attorney for Plaintiff Jeanne B. Costopoulos, Esquire Attorney for Defendant bas > 11F its 111Q1o7 VINVAlASNN3d ?Z :ZI Wd 6- AON LOOZ IUNvH1Udd BHi ?O RANDY J. SWEIGART, Plaintiff vs. MARIAN D. SWEIGART, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-1596 CIVIL ACTION - AT LAW DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if 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. 4. 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. Dated: C.? '°' ° `? =?? .-a _r_ , r ?.. ,'i ?? { ..1? RANDY J. SWEIGART, Plaintiff vs. MARIAN D. S WEIGART, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-1596 CIVIL ACTION - AT LAW DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 7, 2003. The Complaint was reinstated by Order dated March 30, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint and Reinstatement Order. 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 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 Dated: G? CID ?=c RANDY J. SWEIGART, Plaintiff vs. MARIAN D. S WEIGART, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-1596 CIVIL ACTION - AT LAW DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 7, 2003. The Complaint was reinstated by Order dated March 30, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint and Reinstatement Order. 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 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 unworn falsification to authorities. ,l r Dated: Signature: Marian D. weigart ?? ? ' _:::? c.. ? -,7 _ ' ? ,. ? x (_... ^t ? i r '? _ ?,... '?s? ?, . L j ?'i: i ): ?: .!:%.7 E_,,. RANDY J. SWEIGART, Plaintiff vs. MARIAN D. S WEIGART, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-1596 CIVIL ACTION - AT LAW DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if 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. 4. 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. C?-a Dated: Signature: T- D. Sweigart "?) cn `_ c.i C'? Lam? c.i MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN RANDY J. SWEIGART AND MARIAN D. S WEIGART Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 221-0900 Counsel for Marian D. Sweigart Michael D. Rentschler, Esquire 28 N. 32"d Street Camp Hill, PA 17011 Telephone: (717) 975-9129 Counsel for Randy J. Sweigart RANDY J. SWEIGART, Plaintiff VS. MARIAN D. SWEIGART, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1596 CIVIL ACTION - AT LAW DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this day of 2008, by and between RANDY D. SWEIGART, and MARIAN D. SWEIGART: WITNESSETH: WHEREAS, Randy D. Sweigart (hereinafter referred to as "Husband") and Marian D. Sweigart (hereinafter referred to as "Wife") are husband and wife, having been lawfully married on April 8, 1982 in Wurtzburg, Germany; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency 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: Initials: < < f ` Initials: ?? I ? 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective attorneys, specifically, Michael D. Rentschler, Esquire, for Husband and Jeanne B. Costopoulos, Esquire, for Wife. Each party acknowledges that he or she each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that is being entered into freely and voluntarily, after having received such advice and with such knowledge, and that the 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. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente Lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. f ? Initials: ?'Z t 2 Initials: 4-S 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement hereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and Initials: 3 Initials: L authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. 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 or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereinafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. The parties acknowledge that Husband initiated a divorce action under the no-fault provisions of the Divorce Code in the Cumberland County Court of Common Pleas docketed at number 03-1596 Civil Term. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to their divorce and thus this or any other divorce action with respect to these parties shall be limited to a claim for divorce only. The parties agree that on or about October 20, 2008, each party will sign an Affidavit of Consent to Divorce and Waiver of Notice of Intention to Request Entry of Divorce Decree and deliver same to counsel for Husband, who shall promptly submit said affidavits and waivers to the court along with a Praecipe to Transmit Record, Vital Statistics Form and/or any and all other documents necessary to precipitate the prompt entry of a divorce decree. 5. EQUITABLE DISTRIBUTION. (a) 445 Third Street. The parties acknowledge that they own a home and property located at 445 Third Street, West Fairview, Cumberland County, Initials: + 4 Initials: Pennsylvania, 17025 (hereinafter referred to as the "445 Third Street"). The parties estimate the value of 445 Third Street to be approximately $50,000.00. The parties agree as follows with respect to 445 Third Street: (1) Commencing on the execution date of this Agreement, any and all homeowners policies, title policies, and any other policy of insurance with respect to 445 Third Street shall be deemed to be endorsed to reflect Wife as sole owner thereof and Husband further agrees that Wife shall be entitled to receive any payments now or hereafter due under any such insurance policy. (2) Commencing on the execution date of this Agreement, Wife shall be solely responsible for all other costs, expenses and liabilities associated with or attributable to 445 Third Street, incurred from this date forward, including, but not limited to, taxes, insurance, utilities, maintenance and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in 445 Third Street. (3) Within thirty (30) days following the sale of 448 Third Street, Husband shall execute a deed, to be prepared by Wife's counsel, transferring his interest in 445 Third Street to Wife. Initials: 5 Initials i (b) 448 Third Street. The parties acknowledge that they own a home and property located at 448 Third Street, West Fairview, Cumberland County, Pennsylvania, 17025 (hereinafter referred to as the "448 Third Street"). The parties estimate the value of 448 Third Street is between $65,000 to $75,000.00. The parties agree as follows with respect to 448 Third Street: (1) The parties acknowledge that they have jointly listed 448 Third Street for sale through Century 21. The parties shall fully cooperate with the realtor and each other to effectuate the sale of 448 Third Street, including reducing the listing price to effectuate a sale within a reasonable time. At the time of sale of the 448 Third Street, Husband and Wife shall cooperate fully with the execution and deliverance of an appropriate deed conveying to the Buyer(s) all of the parties' right, title, claim and interest in 448 Third Street. (2) Once the property has been sold, the proceeds shall be used to pay in full the M&T mortgage secured by 445 Third Street, West Fairview, Pennsylvania, 17025. Wife shall receive the remaining proceeds from the sale of 448 Third Street. (3) Commencing on the execution date of this Agreement, any and all homeowners policies, title policies, and any other policy of insurance with respect to the 448 Third Street shall be deemed to be endorsed to reflect Wife as owner therefore, and she shall be entitled to receive those portions of any payments now or hereafter due under any such insurance policy. 14 n .? Initials: 6 Initials)??" E (4) Pending the sale of 448 Third Street, Husband shall pay from the rental income received from 448 Third Street the mortgage on 445 Third Street and the home owners insurance policies on 448 Third Street and 403 Second Street. If the lessees of 448 Third Street fail to pay the rent as required by their rental agreement and Husband begins eviction proceedings, the parties shall equally divide the mortgage and home owner insurance, minus any interim rent received by Husband during the eviction proceedings. (c) 403 Second Street. The parties acknowledge that they own a home and property located at 403 Second Street, West Fairview, Cumberland 17025 (hereinafter referred to as "403 Second Street"). The parties estimate the value of 403 Second Street to be approximately $120,000.00. The parties agree as follows with respect to 403 Second Street: (1) Husband shall be solely responsible for all other costs, expenses and liabilities associated with or attributable to 403 Second Street, regardless of when such cost or liability arose, including, but not limited to, home owners insurance, taxes, utilities, maintenance and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in 403 Second Street. Initials: 7 Initials (2) Within thirty (30) days following satisfaction of the mortgage on 445 Third Street, Wife shall execute a deed, to be prepared by Husband's counsel, transferring her interest in 403 Second Street to Husband. (d) 313 Ridge Street. The parties acknowledge that they owned a home and property located at 313 Ridge Street, Steelton, Dauphin County, Pennsylvania, 17025 (hereinafter referred to as the "313 Ridge Street"), which was sold by Husband. Husband shall retain the proceeds associated with this sale in exchange for his having paid the Sears credit card. (e) Furnishings and Personalty. Each party shall retain the items currently in his or her possession. (f) Motor Vehicles. Husband and Wife agree that Wife shall retain possession of the parties' Mercedes M-Class vehicle, as well as any other vehicles titled solely in her name as her sole and separate property along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorneys fees, incurred in connection with the vehicles. Husband and Wife agree that Husband shall retain ownership of the parties' 2003 Ford F150, 1969 Chevelle, and any other vehicles currently titled in Husband's name solely as his sole and separate property along with all rights under any insurance policies thereon and with all responsibility for payment of any Initials: 8 Initial: outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with the vehicles. (g) Life Insurance. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all policies of insurance owned by or insuring the life of the other, including cash surrender value, if any, and also specifically to include a waiver of any beneficiary designation thereunder. (h) Pension and Retirement Benefits. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. Specifically, therefore Wife shall retain her SERS retirement account in its entirety, free from any and all right, title, claim or interest of Husband. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. (i) Cash Accounts. Stocks and Investments. n, Initials: 9 Initial (1) Wife agrees that Husband shall retain as his sole and separate property, free from any and all right, title, claim or interest of Wife, any and all stocks, bonds, investments, sums of cash in savings or checking accounts, mutual funds, stock accounts, or any other assets of a similar nature not previously described herein which now are titled in Husband's name alone. (2) Husband agrees that Wife shall retain as her sole and separate property, free from any and all right, title, claim or interest of Husband, any and all stocks, bonds, investments, sums of cash in savings or checking accounts, mutual funds, stock accounts, or any other assets of a similar nature not previously described herein which now are titled in Wife's name alone. (3) Both parties agree that neither shall access the other's financial accounts in any manner, whether electronically or by other means. The parties also agree to close any joint financial or credit accounts within thirty days of execution of this agreement. (j) Miscellaneous Property. As of 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 in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (k) Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the 4 c Initials: U 1 10 Initial : ,? terms of this Agreement. Husband hereby quitclaims, 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 accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. (1) Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. (m) Assumption of Encumbrances. (1) Husband shall be solely responsible for any and all liabilities he has incurred which are solely in his name in addition to the monthly mortgage payment and home owners insurance for 448 Third Street, West Fairview, Pennsylvania, 17025, pending its sale. (2) Wife shall be solely responsible for any and all liabilities she has incurred which are solely in her name. (3) Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will Initials: - I 11 Initials hold subsequent to the effective date of this Agreement. Each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of the debts, encumbrances or liens assumed by the other pursuant to this Agreement. (n) Liability Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. (o) Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. (p) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations Initials: 12 Initial assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well- founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. (q) Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including attorneys fees, incurred in the event of breach hereof. 6. ALIMONY. 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, support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. 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. J7 Initials: 13 1 i 1' Initials' r' 7. TAX ADVICE. Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 8. INCOME TAX RETURNS. The parties have heretofore filed joint Federal and State tax returns. Both parties agree that in the event 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 therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 9. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS. The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of n Initials: A// 14 Initials 4 1 '7- ? 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 10. COUNSEL FEES, COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 11. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 12. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under Initials: 15 Initials: ' ,r the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 13. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, Initials: 16 Initials all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's Initials:. 17 Initials: rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 14. PRESERVATION OF RECORDS. Each parry will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 15. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 16. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. Initials: 18 Initial 101, 17. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 18. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 19. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 20. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 21. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 22. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any Initials: ?• 19 Initial: of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 23. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 24. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 25. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including any and all other documents to which it refers, such other documents being incorporated herein by reference; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 26. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand Initials: 20 Initials to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 27. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or releases. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. WITNESS WITNESS MARIA SWEI A Initials: + 21 Initials: r--, ^' ? <a-_Y ?:-. ?? :- ?. ? :? -+ :?.3 _ ?. .? ,..,, _ _.,. t i /, r .? E.•.6 RANDY J. SWEIGART, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 03-1596 MARIAN D. SWEIGART, CIVIL ACTION - AT LAW Defendant DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and Manner of service of the Complaint and Reinstatement Order: Service by Acceptance by defense counsel. See Acceptance of Service dated April 27, 2007. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by the Plaintiff. 10/20/2008; by the Defendant: 10/20/2008. 4. Related claims pending: None. Please incorporate Divorce Settlement Agreement dated October 20, 2008. 5. Date Plaintiff's Waiver of Notice in §3301(c) divorce was filed with the prothonotary: filed simultaneously with this Praecipe to Transmit Record Date Defendant's Waiver of Notice in §3301(c) divorce was filed with the prothonotary: filed simultaneously with this Praecipe to Transmit Record. Respectfully Submitted: Michael D. Rentschler, Esquire 28 N. 32nd Street Camp Hill, PA 17011 Phone: (717) 975-9129 Pa. S. Ct. ID No. 45836 ATTORNEY FOR PLAINTIFF Dated: /a/? N Cf1 RANDY J. SWEIGART, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 03-1596 MARIAN D. SWEIGART, CIVIL ACTION - AT LAW Defendant : DIVORCE ACCEPTANCE OF SERVICE I, Jeann6 B. Costopoulos, Esquire, hereby accept service on behalf of my client, Marian D. Sweigart, of the Complaint in Divorce filed in the above-captioned case on April 7, 2003 and Order of Court Reinstating the Divorce Complaint dated March 30, 2007. I am authorized by Marian D. Sweigart to accept service on her behalf. Respectfully Submitted: By. JE ,AOWB. COSTOPOULOS; ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant Date: April 27, 2007 s w JEANA B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant RANDY J. SWEIGART, Plaintiff vs. MARIAN D. SWEIGART, Defendant To the Prothonotary: THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-1596 CIVIL ACTION - AT LAW DIVORCE PRAECIPE TO WITHDRAW Please withdraw Defendant's Petition for Related Claims filed on June 15, 2007. By: JEANKt B. COSTOPOULOS, ESQUI Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 / Attorney for Defendant Date: r ®(? m '['. Cr Ap r ' C :zl EV RANDY J. SWEIGART, Plaintiff VS. MARIAN D. SWEIGART, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 1596 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of , 2008, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated October 22, 2008, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: Michael D. Rentschler Attorney for Plaintiff d Jeanne B. Costopoulos Attorney for Defendant I ?D/3d/d8 v Edgar Bay ey, P. ?. N ry Lit L...) ?l L ?- i N RANDY J. SWEIGART, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 03-1596 MARIAN D. SWEIGART, CIVIL ACTION - AT LAW Defendant DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this day of 62, _- --? , 2008, by and between RANDY D. SWEIGART, and MARIAN D. SWEIGART: WITNESSETH: WHEREAS, Randy D. Sweigart (hereinafter referred to as "'Husband") and Marian D. Sweigart (hereinafter referred to as "Wife") are husband and wife, having been lawfully married on April 8, 1982 in Wurtzburg, Germany; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency 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: Initials:. s ] ? f Initials:` 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective attorneys, specifically, Michael D. Rentschler, Esquire, for Husband and Jeanne B. Costopoulos, Esquire, for Wife. Each party acknowledges that he or she each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that is being entered into freely and voluntarily, after having received such advice and with such knowledge, and that the 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. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. Initials: 2 Initials: 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the fling of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement hereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL RIGHTS. husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and Initials-i. Initials: f' _ J d authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each ether or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereinafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. The parties acknowledge that Husband initiated a divorce action under the no-fault provisions of the Divorce Code in the Cumberland County Court of Common Pleas docketed at number 03-1596 Civil Term. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to their divorce and thus this or any other divorce action with respect to these parties shall be limited to a claim for divorce only. The parties agree that on or about October 20, 2008, each party will sign an Affidavit of Consent to Divorce and Waiver of Notice of Intention to Request Entry of Divorce Decree and deliver same to counsel for Husband, who shall promptly submit said affidavits and waivers to the court along with a Praecipe to Transmit. Record, Vital Statistics Form and/or any and all other documents necessary to precipitate the prompt entry of a divorce decree. 5. EQUITABLE DISTRIBUTION. (a) 445 Third Street. The parties acknowledge that they own a home and property located at 445 Third Street, West Fairview, Cumberland County, initials: 4 1 4 1 Initials:1L> l Pennsylvania, 17025 (hereinafter referred to as the "445 Third Street"). The parties estimate the value of 445 Third Street to be approximately $50,000.00. The parties agree as follows with respect to 445 Third Street: (1) Commencing on the execution date of this Agreement, any and all homeowners policies, title policies, and any other policy of insurance with respect to 445 Third Street shall be deemed to be endorsed to reflect Wife as sole owner thereof and Husband further agrees that Wife shall be entitled to receive any payments now or hereafter due under any such insurance policy. (2) Commencing on the execution date of this Agreement, Wife shall be solely responsible for all other costs, expenses and liabilities associated with or attributable to 445 Third Street, incurred from this date forward, including, but not limited to, taxes, insurance, utilities, maintenance and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in 445 Third Street. (3) Within thirty (30) days following the sale of 448 Third Street, Husband shall execute a deed, to be prepared by Wife's counsel, transferring his interest in 445 Third Street to Wife. ? ? --- Initials :?t?; ,? 5 Initial (b) 448 Third Street. The parties acknowledge that they own a home and property located at 448 Third Street, West Fairview, Cumberland County, Pennsylvania, 17025 (hereinafter referred to as the "448 Third Street"). The parties estimate the value of 448 Third Street is between $65,000 to $75.000.00. The parties agree as follows with respect to 448 Third Street: (1) The parties acknowledge that they have jointly listed 448 Third Street for sale through Century 21. The parties shall fully cooperate with the realtor and each other to effectuate the sale of 448 Third Street, including reducing the listing price to effectuate a sale within a reasonable time. At the time of sale of the 448 Third Street, Husband and Wife shall cooperate fully with the execution and deliverance of an appropriate deed conveying to the Buyer(s) all of the parties' right, title, claim and interest in 448 Third Street. (2) Once the property has been sold, the proceeds shall be used to pay in full the M&T mortgage secured by 445 Third Street, West Fairview, Pennsylvania, 17025. Wife shall receive the remaining proceeds from the sale of 448 Third Street. (3) Commencing on the execution date of this Agreement, any and all homeowners policies, title policies, and any other policy of insurance with respect to the 448 Third Street shall be deemed to be endorsed to reflect Wife as owner therefore, and she shall be entitled to receive those portions of any payments now or hereafter due under any such insurance policy. .n Initials: a r-, 6 lnitials:CA (4) fending the sale of 448 Third Street, Husband shall pay from the rental income received from 448 Third Street the mortgage on 445 'T'hird Street and the home owners insurance policies on 448 Third Street and 403 Second Street. If the lessees of 448 Third Street fail to pay the rent as required by their rental agreement and husband begins eviction proceedings, the parties shall equally divide the mortgage and home owner insurance, minus any interim rent received by Husband during the eviction proceedings. (c) 403 Second Street. The parties acknowledge that they own a home and property located at 403 Second Street, West Fairview, Cumberland 17025 (hereinafter referred to as "403 Second Street"). The parties estimate the value of 403 Second Street to be approximately $120,000.00. The parties agree as follows with respect to 403 Second Street: { 1 } Husband shall be solely responsible for all other costs, expenses and liabilities associated with or attributable to 403 Second Street, regardless of when such cost or liability arose, including, but not limited to, home owners insurance, taxes, utilities, maintenance and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in 403 Second Street. 1 Initials: ` r. 7 ! 1 initials lJ L (2) Within thirty (30) days following satisfaction of the mortgage on 445 Third Street, Wife shall execute a deed, to be prepared by Husband's counsel, transferring her interest in 403 Second Street to Husband. (d) 313 Ridge Street. The parties acknowledge that they owned a home and property located at 313 Ridge Street, Steelton, Dauphin County, Pennsylvania, 17025 (hereinafter referred to as the "313 Ridge Street"), which was sold by Husband. Husband shall retain the proceeds associated with this sale in exchange for his having paid the Sears credit card. (e) Furnishings and Personalty. Each party shall retain the items currently in his or her possession. (f) Motor Vehicles. Husband and Wife agree that Wife shall retain possession of the parties' Mercedes M-Class vehicle, as wel l as any other vehicles titled solely in her name as her sole and separate property along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnify and hold llusband and his property harmless from any and all liability, cost or expense, including actual attorneys fees, incurred in connection with the vehicles. Husband and Wife agree that Husband shall retain ownership of the parties' 2003 Ford F 150, 1969 Chevelle, and any other vehicles currently titled in Husband's name solely as his sole and separate property along with all rights under any insurance policies thereon and with all responsibility for payment of any A n ,? l ?. Initials: S Initial: outstanding indebtedness pertaining thereto and insurance thereon. free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with the vehicles. (g) Life Insurance. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all policies of insurance owned by or insuring the life of the other, including cash surrender value, if any, and also specifically to include a waiver of any beneficiary designation thereunder. (h) Pension and Retirement Benefits. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. Specifically, therefore Wife shall retain her SERS retirement account in its entirety, free from any and all right, title, claim or interest of Husband. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. (i) Cash Accounts, Stocks and Investments. Initials: 9 Initial (1) Wife agrees that Husband shall retain as his sole and separate property, free from any and all right, title, claim or interest of Wife, any and all stocks, bonds, investments, sums of cash in savings or checking accounts, mutual funds, stock accounts, or any other assets of a similar nature not previously described herein which now are titled in Husband's name alone. (2) Husband agrees that Wife shall retain as her sole and separate property, free from any and all right, title, claim or interest of Husband, any and all stocks, bonds, investments, sums of cash in savings or checking accounts, mutual funds, stock accounts, or any other assets of a similar nature not previously described herein which now are titled in Wife's name alone. (3) Both parties agree that neither shall access the other's financial accounts in any manner, whether electronically or by other means. The parties also agree to close any joint financial or credit accounts within thirty days of execution of this agreement. (j) Miscellaneous Property. As of 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 in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (k) Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the !i >4? / `; i Initials: 10 Initial: terms of this Agreement. Husband hereby quitclaims, 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 accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from 1-lusband to Wife. (i) Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto. together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. (m) Assumption of Encumbrances. (l) Husband shall be solely responsible for any and all liabilities he has incurred which are solely in his name in addition to the monthly mortgage payment and home owners insurance for 448 Third Street, West Fairview, Pennsylvania, 17023, pending its sale. (2) Wife shall be solely responsible for any and all liabilities she has incurred which are solely in her name. (3) Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will Initials: { ] l Initials' l hold subsequent to the effective date of this Agreement. Each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of the debts, encumbrances or liens assumed by the other pursuant to this Agreement. (n) Liability Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability. other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. (o) Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. (p) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations Initials: 12 Initials ?/ assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well- founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. (q) Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including attorneys fees, incurred in the event of breach hereof. 6. ALIMONY. 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, support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. 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. Initials: 13 Initials) ?,? 7. "TAX ADVICE. Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 8. INCOME TAX RETURNS. The parties have heretofore filed joint Federal and State tax returns. Both parties agree that in the event 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 therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 9. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS. The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of initials: .r ; 14 lnitials? _J'1` 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 10. COUNSEL FEES, COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 11. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 12. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under !1 ?. 7 Initials: 15 Initials: the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 13. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, 1 Initials: 16 Initials.. ' 1 ` all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and efTectively for all purposes. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees. costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other .jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's AI .? f,. Initials: - 17 initials: t "i rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 14. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 15. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 16. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. Initials: 18 Initial:.. 17. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 18. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 19. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 20. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 21. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 22. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any Initials: 19 Initialfi: . of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 23. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 24. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 25. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including any and all other documents to which it refers, such other documents being incorporated herein by reference; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 26. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds,, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand Initials: 20 Initials:{ 1 to comply with these provisions, that party shall pay to the other party all attorney's Lees, costs, and other expenses actually incurred as a result of such failure. 27. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Mich remedies in law or equity are specifically not waived or releases. IN WETNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. WITNESS WITNESS MjMA N-Ff SWEI A r? Initials: I Initials:; i r RANDY J. SWEIGART, Plaintiff V. MARIAN D. SWEIGART, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03-1596 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AMENDED PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground(s) for Divorce: a. Irretrievable Breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: a. Service by Acceptance of Defense Counsel. See Acceptance of Service dated April 27, 2007. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: a. by Plaintiff. October 20, 2008; by Defendant: October 20, 2008. 4. Related claims pending: None. Marital Settlement Agreement dated October 20, 2008 is incorporated but not merged into the Divorce Decree. 5. Date Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: a. by Plaintiff October 24, 2008; by Defendant: October 24, 2008 Respectfully submitted, DATE Michael D. Rentschler, Esquire Supreme Court ID #45836 28 North 32nd Street Camp Hill, PA 17011 (717) 975-9129 na v co ? = RANDY J. SWEIGART IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MARIAN D. SWEIGART NO. 03-1596 DIVORCE DECREE AND NOW, ftbt-,)%r I 13 2 Wt , it is ordered and decreed that RANDY J. SWEIGART , plaintiff, and MARIAN D. SWEIGART , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (if no claims remain indicate "None.") All property issues resolved by signed and filed Marital Settlement Agreement which is incorporated into the Divorce Decree, but not merged. By the Court, 'No? ? Attest:. J. rothonotary ?'?? ??? ?,? ? ,. .. q. ? fn.,,A? ?'y,,1??11 ?? 1Y4 1 ? T 'bit. j??? [ 4 ; 1 t': 1 ?+, ;? ;t? a'RO ?.?°LC ?.?? -? 1',???i ?'"9 ,y ?y U LI "v -., lt,\ r??'