HomeMy WebLinkAbout00-08161
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: IN THE COURT OF COMMON PLEAS :
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~ OF CUMBERLAND COUNTY ~
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~ STA.TE OF PENNA. ~
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~ JEFFREY ALAN SWARTZ. SR. ~
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. No. 2000-8161 CIVIL TERM .
~ Plaintiff ~
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. CIVIL ACTION - LAW .
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: IN DIVORCE ~
. KELLY M. SWARTZ, .
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'+: Defendant '+:
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~ DECREE IN ~
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: DIVORCE ~
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. AND NOW, June 25 , 2001 , IT IS ORDERED AND .
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~ DECREED THAT JEFFREY ALAN SWARTZ, SR. , PLAINTIFF, ~
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~ AND KELLY M. SWARTZ , DEFENDANT, ~
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. ARE DIVORCED FROM THE BONDS OF MATRIMONY. .
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. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE .
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. BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT .
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~ YET BEEN ENTERED; None ~
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'+: The Marriaae Settlement Aareement dated December 11. 2000 and sianed bv ~
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~ the parties is hreby incorporated into this Decree, but not merged. ~
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~ By THE COURT: ~
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. Edgar B. Bayley .
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. ATTEST: J. .
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. PROTHONOTARY ,
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~ ,. p;:--- ...:.,,-:;:/ +
. "''''ii~~ '"' ' CERTIFIED COpy ISSUED FEBRUARY 6, 2002 .
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JEFFREY ALAN SWARTZ, SR.,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000- g j i.. ) CIVIL TERM
KELLY M. SWARTZ,
Respondent
IN CUSTODY
ORDER OF COURT
AND NOW, this \ v\ day of December, 2000, upon consideration of the attached
Custody Stipulation, it is hereby ordered as follows:
1.
The parties shall have shared legal custody of Jeffrey Alan Swartz, Jr., born May 30,
1992, age eight (8), and earole Rebecca Lynn Swartz, born May 17, 1998, age two and one-half
(2 1/2) year.
2.
The father, Jeffrey Alan Swartz, Sr., shall have primary physical custody of Jeffrey Alan
Swartz, Jr. and Carole Rebecca Lynn Swartz.
3.
The mother intends to move to the state of Missouri on or about December 15 2000 to
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reside. When she moves to Missouri, mother will enjoy the following periods of temporary
physical custody of Jeffrey Alan Swartz, Jr. and earole Rebecca Lynn Swartz:
a. Each summer a period of time beginning one (1) day after school ends
until August 15, each summer. Transportation will be equally
divided by the parties.
b. In each odd numbered year, from one (I) day after the beginning of
ehristrnas vacation from school until one (I) day prior to the start of
school in January.
c. In each even numbered year, from one (I) day after the beginning of
Easter vacation until the day after Easter.
d. Any other times agreed upon by both parties.
4.
The parties agree that the Commonwealth of Pennsylvania will maintain jurisdiction for
the children for resolution of any issues regarding their custody.
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JEFFREY ALAN SWARTZ, SR.,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000- JI(,/ CIVIL TERM
KELLY M. SWARTZ,
Respondent
IN CUSTODY
CUSTODY STIPULATION
/-
AND NOW, this 1 day of December, 2000, the parties, JEFFREY ALAN
SWARTZ, SR. and KELLY M. SWARTZ, and hereby enter into the following eustody
Stipulation regarding their minor children:
I.
The plaintiff and natural father is Jeffrey Alan Swartz, Sr., an adult individual who
resides at 7073 earlisle Pike, Lot 229, earlisle, Pennsylvania 17013.
2.
The defendant and natural mother is Kelly M. Swartz, an adult individual who resides at
7073 earlisle Pike, Lot 229, earlisle, Pennsylvania 17013.
3.
The parties shall have shared legal custody of Jeffrey Alan Swartz, Jr., born May 30,
1992, age eight (8) years, and Carole Rebecca Lynn Swartz, born May 17, 1998, age two and
one-half (2 1/2) years.
3
4.
The father, Jeffrey Alan Swartz, Sr., shall have primary physical custody of Jeffrey Alan
Swartz, Jr. and Carole Rebecca Lynn Swartz.
5.
The mother intends to move to the state of Missouri on or about December 15,2000, to
reside. When she moves to Missouri, mother will enjoy the following periods of temporary
physical custody of Jeffrey Alan Swartz, Jr. and Carole Rebecca Lynn Swartz:
a. Each summer a period of time beginning one (I) day after school ends
until August 15, each summer. Transportation will be equally
divided by the parties.
b. In each odd numbered year, from one (I) day after the beginning of
Christmas vacation from school until one (I) day prior to the start of
school in January.
c. In each even numbered year, from one (1) day after the beginning of
Easter vacation until the day after Easter.
d. Any other times agreed upon by both parties.
6.
The parties agree that the Commonwealth of Pennsylvania will maintain jurisdiction for
the children for resolution of any issues regarding their custody.
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Intending to be legally bound, the parties enter their hands and seals the date first set forth
above.
WITNESSETH:
t!1
~~A'/.J__ L~ L (SEAL)
Y ALAN SW Z, SR.
illR~#)k~ (SEAL)
LY .SWARTZ
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
JEFFREY ALAN SWARTZ, SR.,
NO.
2000-8161 CIVIL TERM
Plaintiff
CIVIL ACTION - LAW
VERSUS
IN DIVORCE
KELLY M. SWARTZ,
Defendant
DECREE IN
DIVORCE
AND NOW,
'-- ..--
J' Jl#.Q 'l.)
, IT IS ORDERED AND
, 2001
DECREED THAT
JEFFREY ALAN SWARTZ, SR.
, PLAINTIFF,
AND
KELLY M. SWARTZ
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
~IJ 91"~
The Marriage Settlement Agreement dated December 11, 2000 and signed bv
the parties is hereby incorporated into this
merged.
(' )
By THE COURT:
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d
MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT made this 11 ~ day of December, 2000, by and between
KELLY M. SWARTZ, (hereinafter referred to as "WIFE") and JEFFREY ALAN SWARTZ,
SR., (hereinafter referred to as "HUSBAND").
WITNESSETH:
WHEREAS, HUSBAND and WIFE were lawfully married on November 27, 1991, in
Gardners, Cumberland County, Pennsylvania, and will be separated on December 15, 2000.
HUSBAND filed a divorce action in Cumberland County, Pennsylvania, on November 20, 2000,
at 2000-8161 Civil Term.
The parties hereto agree and covenant as follows:
1.
The parties intend to maintain separate and permanent domiciles and to live apart from
each other. It is the intent and purpose of this Agreement to set forth the respective rights and
duties of the parties while they continue to live apart from each other.
2.
The parties have attempted to divide their matrimonial property in a manner which
conforms to a just and right standard, with due regard to the rights of each party. It is the intent
of the parties that such division shall be final and shall forever determine their respective rights.
The division of existing marital property is not intended by the parties to constitute in any way a
sale or exchange of assets.
e/
3.
Further, the parties agree to continue living separately and apart from the other at any
place or places that he or she may select as they have heretofore been doing. Neither party shall
molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever.
Each party may carry on and engage in any employment, profession, business or other activity as
he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere
with the uses, ownership, enjoyment or disposition of any property now owned and not specified
herein or property hereafter acquired by the other.
4.
The consideration for this contract and agreement is the mutual benefit to be obtained by
both of the parties hereto and the covenants and agreements of each of the parties to the other.
The adequacy of the consideration for all agreements herein contained is stipulated, confessed,
and admitted by the parties, and the parties intend to be legally bound hereby.
Each party to the Agreement acknowledges and declares that he or she, respectively:
(1) is represented by counsel of his or her own choosing;
(2) is fully and completely informed of the facts relating to the subject matter of
this Agreement and ofthe rights and liabilities of the parties;
(3) enters into this Agreement voluntarily after receiving the advice of counsel;
(4) has given careful and mature thought to the making of this Agreement;
(5) has carefully read each provision of this Agreement; and
(6) fully and completely understands each provision of this Agreement, both as to
the subject matter and legal effect.
This Agreement shall become effective immediately as of the date of execution.
2
<f._.
5.
It is the purpose and intent of this Agreement to settle forever and completely the interest
and obligations of the parties in all property that they own separately, and all property that would
qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and
that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and
assigns. The parties have attempted to divide their Marital Property in a manner that conforms to
a just and fair standard, with due regard to the rights of each Party. The division of existing
Marital Property is not intended by the parties to constitute in any way a sale or exchange of
assets, and the division is being effected without the introduction of outside funds or other
property not constituting a part of the marital estate.
It is the further purpose of this Agreement to settle forever and completely any obligation
under the Pennsylvania Divorce Code relating to spousal support or alimony.
6.
Each party represents and warrants that he or she has made a full and fair disclosure to the
other of all of his or her property interests of any nature, including any mortgage, pledge, lien,
charge, security interest, encumbrance, or restriction to which any property is subject. Each party
further represents that he or she has made a full and fair disclosure of all debts and obligations of
any nature for which he or she is currently liable or may become liable. Each further represents
and warrants that he or she has not made any gifts or transfers for inadequate consideration of
Marital Property without the prior consent of the other.
Each Party acknowledges that, to the extent desired, he or she has had access to all joint
and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during
marnage.
3
7.
The HUSBAND agrees pay the marital debt and hold WIFE harmless from
DEBT:
any payment thereof. WIFE agreed to pay the past due telephone and electric bills. Each party
will pay their own debts and hold the other harmkss.
8.
SUPPORT: HUSBAND will not provide spousal support to WIFE, and WIFE will
not supply spousal support to HUSBAND.
9.
PERSONAL PROPERTY: The parties agree that the personal property shall be divided
as follows:
HUSBAND shall receive the following items:
a. The personal property in his possession;
b. His bank accounts;
c. Any Life Insurance Policy;
d. His 401(k) retirement account; and
e. Any benefits through his employer.
WIFE shall receive the following items:
a. The personal property in her current possession; and
b. Her bank accounts.
The WIFE hereby waives all right and title which she may have in any personal property
of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal
property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently
of any claim or right of the other party, all items of personal property of every kind, nature and
description and wherever situated, which are thl~n owned or held by or which may hereafter
4
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belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose
of same as fully and effectually, in all respects and for all purposes as if he or she were
unmarried.
Each party agrees that neither will incur obligations, liens or liabilities on account of the
other and that from the date of this Agreement, neither party shall contract or incur obligations,
liens or any liability whatsoever on account of the other.
10.
AUTOMOBILES:
a. HUSBAND agrees to waive any arld all interest which he may have in WIFE's
automobile being a 1992 Ford Festiva. HUSBAND will sign said vehicle over to WIFE.
b. WIFE will waive any interest which she has in any automobile acquired by
HUSBAND.
11.
MARITAL DEBTS & BANKRUPTCY: Each party will be responsible for their own
debt incurred after the date of separation. HUSBAND will be solely responsible for all
outstanding state, local and federal taxes and agrees to hold WIFE harmless and indemnifies
after the date of separation. HUSBAND will be solely responsible for all outstanding state, local
and federal taxes and agrees to hold WIFE harmless and indemnifies her for any claims
regarding the outstanding income taxes. It is hereby understood and agreed by and between the
parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy
proceeding and shall not be deemed to constitutle or be a dischargeable debt of a bankruptcy.
Both parties warrant that he/she has not heretofore instituted any proceeding pursuant to the
bankruptcy laws nor are there any such proceedings pending with respect to him/her which have
been initiated by others.
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12.
INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life
insurance policies except as otherwise stated herein on the life of HUSBAND or any other
employee benefits, including but not limited to retirement, profit sharing or medical benefits of
either party, shall be his own. WIFE waives all right, title and claim to HUSBAND's employee
benefits.
13.
BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and
interest which she may have in the savings or checking or any other bank accounts of the
HUSBAND. The HUSBAND agrees to waive all interest which he has in the bank accounts of
the WIFE.
14.
DIVORCE: The parties both agree to cooperate with each other in obtaining a final
divorce of the marriage. It is agreed that the parties will execute and file the consents necessary
to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all
the costs and legal fees of the party who is seeking the divorce.
15.
BREACH AND COUNSEL FEES AFTER DIVORCE: The parties agree with respect
to counsel fees incurred after the divorce, as follows:
(a) In the event that future legal proceedings of any nature may be necessary for the
interpretation or enforcement of this Agreement or any valid modifications hereof, the prevailing
party shall be entitled to reasonable counsel fees incurred.
(b) Reasonable counsel fees hereunder shall be defined as reasonable hours expended
at the then hourly rate of counsel for the prevailing party.
6
( c) Such counsel fees shall extend to any independent proceedings necessary to
collect counsel fees or to enforce any other judgment or decree in connection with this
Agreement.
(d) Such counsel fees shall be payable as alimony so as to constitute an exception to
discharge in bankruptcy but shall not be deductible by the payor or taxable to the payee for
income tax purposes.
16.
INCOME TAX EXEMPTIONS AND INCOME TAX BENEFITS &
OBLIGATIONS: The parties agree that HUSBAND will be entitled to use the minor children
as income tax exemptions for 2000 and thereafter. Each party will file separate income tax
returns for the year 2000 and thereafter.
17.
ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
18.
VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective counsel, and each party acknowledges
that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is
not the result of any duress or undue influence.
The provisions of this Agreement are fully understood by both parties and each party
acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily,
and that it is not the result of any duress or undue influence.
7
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19.
ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
20.
APPLICABLE LAW: This Agreement shall be construed under the Laws of the
Commonwealth of Pennsylvania.
21.
PRIOR AGREEMENTS: It is understood and agreed that any and all property
settlement agreements which mayor have been executed prior to the date and time of this
Agreement are null and void and of no effect.
22.
WANER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided,
each party may dispose of his or her property in any way, and each party hereby waives and
relinquishes any and all rights he or she may now have or hereafter acquire, under the present or
future laws of any jurisdiction, to share in the property or the estate of the other as a result of the
marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's
allowance, right to take in intestacy, right to take against the Will of the other, and right to act as
administrator or executor of the other's estate, and each will, at the request of the other, execute,
acknowledge and deliver any and all instruments which may be necessary or advisable to carry
into effect this mutual waiver and relinquishment of all such interests, rights and claims.
8
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IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day
and year first above written.
WITNESSES:
,- /} /
(v9--r;!;a/vt?X ,-7f. l,;;&JUtJ4/A?C../
/ (
~ ~j~-!f; ~EAL)
KEL YM. WART
/7: . ,/l' 1
y.YA:.:rA'/J{ ,.J;r; If../r ...J..aM./A/H -'
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~~ p/~- k'_iJ; ...I.(SEAL)
ALAN SWART , R.
9
d
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, this II ~ day of December, 2000, a
Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland,
KELLY M. SWARTZ, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed
the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Yf!!~~ b._21. 7L t>d
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,.:,.;;:, ;'-~..i, i0:"'!J~'" lij ;\'j..l,y..!~,:i;T': d ('\." CL'
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, this )/ ~ay of December, 2000, a
Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland,
JEFFREY ALAN SWARTZ, SR., known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that
he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
~~~~.~
f'~(',::.al'i'.',; ~:;(,;:'>i'
Martha L. 1\)08[, Noi911.f F'I.'l-L-
Carlisle Bom, Cumbl3ria(,d ,; :-~'~if-
My Comr(l!ssion Exoi,"\)!3 ::..'{';,-,:
, ~~~_"h~_____:' '
Member, Pc:;niit,:!iI'-;- -".~ I.t~ - ,",'.
10
JEFFREY ALAN SWARTZ, SR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-8161 CIVIL TERM
KELLY M. SWARTZ,
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry of a divorce decree:
1. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code.
2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served npon
the defendant, Kelly M. Swartz, on November 24, 2000, by certified, restricted delivery mail, addressed to her at
Leiby's Trailer Park, 7073 Carlisle Pike, Lot #229, Carlisle, Pennsylvania 17013, with Return Receipt Number 7099
3400001849971995.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce
Code: by plaintiff: May 24, 200 I; by defendant: June 4, 200 I.
(b)(l) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code:
(b )(2) Date of filing and service of the plaintiff's affidavit upon the defendant:
4. Related claims pending: NONE.
5. Complete either (a) or (b).
(a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record,
a copy of which is attached:
(b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: June 12, 2001.
Date defendant's Waiver of Notice
Prothonotary: June 12,2001.
with the
. McKNIG
Att rney for Plaintiff
, ESQUIRE
. "
JEFFREY ALAN SWARTZ, SR.,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000- S' /i..j CIVIL TERM
KELLY M. SWARTZ,
DEFENDANT
IN DIVORCE
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you and a decree in divorce or armulment may be entered against you by the
court. A judgment may also be entered against you for any other claim or relief requested in
these papers by the plaintiff. You may lose money or property or other rights important to you,
including custody or visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle,
Pennsylvania 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 HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
1-800-990-9108
,<
AMERICANS WITH DISABILITIES
ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
"
JEFFREY ALAN SWARTZ, SR.,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000- Sk! CIVIL TERM
KELLY M. SWARTZ,
DEFENDANT
IN DIVORCE
COMPLAINT IN DIVORCE
PURSUANT TO SECTIONS 3301(3)(6) AND 3301(c)
OF THE DIVORCE CODE
COUNT I
AND NOW comes the Plaintiff, Jeffrey Alan Swartz, Sr., by his attorneys, Irwin,
McKnight & Hughes, Esquires, and files this Complaint in Divorce against the Defendant, Kelly
M. Swartz, upon the cause of action hereinafter set forth:
1.
The name of the Plaintiff is Jeffrey Alan Swartz, Sr. and the name of the Defendant is
Kelly M. Swartz.
2.
The Plaintiff is an adult individual who resides in Cumberland County, Pennsylvania; his
current address being 7073 Carlisle Pike, Lot 229, Carlisle, Pennsylvania 17013.
3.
The Defendant is an adult individual residing in Cumberland County, Pennsylvania, her
current address being 7073 Carlisle Pike, Lot 229, Carlisle, Pennsylvania 17013.
4.
The Defendant and Plaintiff have resided in the Commonwealth of Pennsylvania for at
least six months previous to the filing of this action in divorce.
5.
The Defendant and Plaintiff were married on November 27, 1992 in Gardners,
Cumberland County, Pennsylvania.
6.
There were two children born to this marriage, namely Jeffrey Alan Swartz, Jr., born May
30, 1992, and Carole Rebecca Lynn Swartz, born May 17, 1998.
7.
Pursuant to the Divorce Code, Section 3301(a)(6), the Plaintiff avers as the grounds upon
which this action is based that the Plaintiff is the injured spouse and that the Defendant has
offered such indignities to him as to render his condition intolerable and life burdensome.
8.
The Plaintiff avers that he has been advised of the availability of counseling and that said
party has the right to request that the court require the parties to participate in counseling.
WHEREFORE, the Plaintiff demands judgment
a. Dissolving the marriage between the two parties;
b. Equitably distributing all property, both personal
and real, owned by the parties; and
c. for such further relief as your Honorable Court may deem
equitable and just.
COUNT II
9.
The averments of Paragraphs One through Six are incorporated herein by reference as
though fully set forth below.
10.
Plaintiff avers as the grounds upon which the Action in Divorce is based is that the
marriage of the parties is irretrievably broken.
11.
The averments of Paragraph Eight are incorporated herein by reference as though fully set
forth below.
WHEREFORE, the Plaintiff demands judgment
a. Dissolving the marriage between the two parties;
b. Equitably distributing all property, both personal
and real, owned by the parties; and
c. for such further relief as your Honorable Court may deem
equitable and just.
Respectfully submitted,
IRWIN, McKNIGHT & HUGHES
By:
Mar us A. Mc
Attorney for Plaint'
Jeffrey Alan Sw ,
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Supreme Court 1. D. No. 25476
Date: November /1/.., 2000
VERIFICATION
The foregoing Complaint in Divorce is based upon information which has been gathered
by counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
H~ 4. ..f-,~~ ~ ,
R A. SWAR , SR.
Date: JbJUU 11.~000
JEFFREY ALAN SWARTZ, SR.,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000- gIG i CIVIL TERM
KELLY M. SWARTZ,
DEFENDANT
IN DIVORCE
PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT
The plaintiff, 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 Prothonotary's
Office, 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.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: rL--L, /1 ~ 2000
~ /f. J"",~ -L.
Y A. SWAR , SR.
JEFFREY ALAN SWARTZ, SR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-8161 CIVIL TERM
KELLY M. SWARTZ,
Defendant
IN DIVORCE
AFFIDAVIT OF SERVICE OF COMPLAINT
PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(i)
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
NOW, Marcus A. McKnight, Ill, Esquire, being du1y sworn according to law, does
depose and state:
1. That he is a competent adult and attorney for the plaintiff in the captioned action in
divorce.
2. That a certified copy of the Complaint in Divorce was served upon the defendant,
Kelly M. Swartz, on November 24, 2000, by certified, restricted delivery mail, addressed to her
at Leiby's Trailer Park, 7073 Carlisle Pike, Lot #229, Carlisle, Pennsylvania 17013, with Return
Receipt Number 7099 3400 0018 4997 1995.
3. That the said receipt for certified mail is signed and attached hereto and made a part
hereof.
I verifY that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 l' . C. S. Se ion 4904, relating to
unsworn falsification to authorities.
Date: December 8, 2000
U.S. Postal Service
CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
CJ
CJ
::r
IT1 JrnLLY~_M__SWAR.TZ________________
IT' ],;5:M~soTIUri'b PARK
IT'
CJ -E101'iIf,.fJifiRLTSLEuPlKEuLOTu
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HAM Swart~,
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IT'
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Postage $
Certified Fee
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Return Receipt Fee
(Endorsement Required)
Restricted Delivery
Endorsement Required
Total Postage & Fees $
Jeffre
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Postmark
Here
..~ ' .~; ~~;
Recipient's Name {Please Print Clearly) (ro be completed by mailer)
L,,17
229----
Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mail piece,
or on the front if space permits.
1. Article Addressed to:
KELLY M SWARTZ
LEIBY'S TRAILER PARK
7073 CARLISLE PIKE LOT 229
CARLISLE PA 17013
2. Article Number (Copy from service label)
o.
o Agent
o Addressee
DYes
o No
3. Service Type
iJ: Certified Mail
o Registered
iI
4. Restricted Delivery? (Extra Fee)
o Express Mail
IE. Return Receipt for Merchandise
7099 3400 0018 4997 1995
102595-99-M-17S9
PS Form 3811, July 1999
Domestic Return Receipt
+
JEFFREY ALAN SWARTZ, SR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-8161 CIVIL TERM
KELLY M. SWARTZ,
Defendant
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under Sections 3301(a)(6) and 3301(c) of the Divorce Code
was filed on November 20, 2000.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of the filing of the complaint.
3. I consent to the entry of a final decree in divorce.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses in do not claim them before a divorce is granted.
I verifY that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to
unsworn falsification to authorities.
Date:
elY/..
,2001
;4~
n~' Lj_~ p1~
FREY ALAN SWi TZ, SR.
JEFFREY ALAN SWARTZ, SR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CNIL ACTION - LAW
2000-8161 CNIL TERM
KELLY M. SWARTZ,
Defendant
IN DNORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DNORCE DECREE UNDER
SECTION 3301(c) OF THE DNORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date:
;(.
plV ,2001
~/~./..~ L
Y ALAN S RTZ, SR.
Plaintiff
JEFFREY ALAN SWARTZ, SR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-8161 CIVIL TERM
KELLY M. SWARTZ,
Defendant
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under Sections 3301(a)(6) and 3301(c) of the Divorce Code
was filed on November 20, 2000.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date ofthe filing of the complaint.
3. I consent to the entry of a final decree in divorce.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! do not claim them before a divorce is granted.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to
unsworn falsification to authorities.
Date: '~_)(vl'UL V
,2001
/:{ (71 ~w ~~
KELLY M. SWARTZ ~
JEFFREY ALAN SWARTZ, SR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-8161 CIVIL TERM
KELLY M. SWARTZ,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
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 in do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: 0 t(/I1-L L/
,2001
LX /Y7 ~~
KELLY M. SWART -
Defendant
JEFFREY ALAN SWARTZ, SR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-8161 CIVIL TERM
KELLY M. SWARTZ,
Defendant
IN DIVORCE
DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT
The defendant, 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 Prothonotary's
Office, 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.
I verifY that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: ~-11-4C. Y
,2001
l-rY,r)) ~~.Jc~~ ..
KELLYM.SWARTZG.
JEFFREY ALAN SWARTZ, SR.,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000- }(j(.) CIVIL TERM
KELLY M. SWARTZ,
Respondent
IN CUSTODY
ORDER OF COURT
AND NOW, this \ v\ day of December, 2000, upon consideration of the attached
Custody Stipulation, it is hereby ordered as follows:
1.
The parties shall have shared legal custody of Jeffrey Alan Swartz, Jr., born May 30,
1992, age eight (8), and Carole Rebecca Lynn Swartz, born May 17, 1998, age two and one-half
(2 1/2) year.
2.
The father, Jeffrey Alan Swartz, Sr., shall have primary physical custody of Jeffrey Alan
Swartz, Jr. and Carole Rebecca Lynn Swartz.
~
:>.
The mother intends to move to the state of Missouri on or about December 15,2000, to
reside. When she moves to Missouri, mother will enjoy the following periods oftemporary
physical custody of Jeffrey Alan Swartz, Jr. and Carole Rebecca Lynn Swartz:
a. Each summer a period of time beginning one (1) day after school ends
until August 15, each summer. Transportation will be equally
divided by the parties.
b. In each odd numbered year, from one (1) day after the beginning of
Christmas vacation from school until one (1) day prior to the start of
school in January.
c. In each even numbered year, from one (I) day after the beginning of
Easter vacation until the day after Easter.
d. Any other times agreed upon by both parties.
4.
The parties agree that the Commonwealth of Pennsylvania will maintain jurisdiction for
the children for resolution of any issues regarding their custody.
By the Court
".\.
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~Xs
2
JEFFREY ALAN SWARTZ, SR.,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000- SIt.1 CIVIL TERM
KELLY M. SWARTZ,
Respondent
IN CUSTODY
CUSTODY STIPULATION
,J-.
AND NOW, this 2[ day of December, 2000, the parties, JEFFREY ALAN
SWARTZ, SR. and KELLY M. SWARTZ, and hereby enter into the following Custody
Stipulation regarding their minor children:
1.
The plaintiff and natural father is Jeffrey Alan Swartz, Sr., an adult individual who
resides at 7073 Carlisle Pike, Lot 229, Carlisle, Pennsylvania 17013.
2.
The defendant and natural mother is Kelly M. Swartz, an adult individual who resides at
7073 Carlisle Pike, Lot 229, Carlisle, Pennsylvania 17013.
3.
The parties shall have shared legal custody of Jeffrey Alan Swartz, Jr., born May 30,
1992, age eight (8) years, and Carole Rebecca Lynn Swartz, born May 17, 1998, age two and
one-half (2 1/2) years.
3
4.
The father, Jeffrey Alan Swartz, Sr., shall have primary physical custody of Jeffrey Alan
Swartz, Jr. and Carole Rebecca Lynn Swartz.
5.
The mother intends to move to the state of Missouri on or about December 15,2000, to
reside. When she moves to Missouri, mother will enjoy the following periods of temporary
physical custody of Jeffrey Alan Swartz, Jr. and Carole Rebecca Lynn Swartz:
a. Each sununer a period of time beginning one (1) day after school ends
until August 15, each summer. Transportation will be equally
divided by the parties.
b. In each odd numbered year, from one (1) day after the beginning of
Christmas vacation from school until one (1) day prior to the start of
school in January.
c. In each even numbered year, from one (1) day after the beginning of
Easter vacation until the day after Easter.
d. Any other times agreed upon by both parties.
6.
The parties agree that the Commonwealth of Pennsylvania will maintain jurisdiction for
the children for resolution of any issues regarding their custody.
4
Intending to be legally bound, the parties enter their hands and seals the date first set forth
above.
WITNESSETH:
t!l
~Fli A:/A~_ L~ L (SEAL)
Y ALAN SW Z, SR.
~~
M~;k~ (SEAL)
LY .SWARTZ
5
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SOCIAL SECURITY INFORMATION SHEET
PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1 (a) (3) ALL DIVORCES MUST
INCLUDE THE PARTIES SOCIAL SECURITY NUMBER
PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE
PROTHONOTARY'S OFFICE
DATE: JUNE 12, 2001
DOCKET NUMBER: 2000-8161 CIVIL TERM
PLAINTIFF~SS# 179-64-3606
NAME: JEFFREY ALAN SWARTZ, SR.
DEFENDANT~ SS # 177-66-2176
NAME: KELLY M. SWARTZ
'1"....
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JEFFREY ALAN SWARTZ, SR.
Plaintiff,
V.
KELLY M SWARTZ,
Defendant.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No. 00-8161 Civil Action - Law
In Custody
ORDER OF COURT
AND NOW, this 12TH day of December, 2000, the Conciliator, being advised by
/DEe 1 .5 2~
Plaintiff s counsel that the parties have reached an agreement and signed a Stipulation, hereby
relinquishes jurisdiction in this case.
~ ~"'~1 1
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FOR THE COURT,
~~
Custody Conciliator
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JEFFREY ALAN SWARTZ, SR.
PLAINTIFF
V.
KELLYM. SWARTZ
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-8161 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 28th day of Novemher, 2000, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. ,the conciliator,
at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the 20th day or Decemher, 2000 , at 11:00 a.m.
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
FOR TIIE COURT,
By: Isl
Melissa p, Greevy. ES~
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT
HA VB AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
JEFFREY ALAN SWARTZ, SR.,
Petitioner
v.
CIVIL ACTION - LAW
2000- ~/(P/ CML TERM
~
KELLY M. SWARTZ,
Respondent
IN CUSTODY
ORDER OF COURT
AND NOW, this day of .2000, upon consideration of the
attached petition, it is hereby directed that the parties and their respective counsel appear
before Esquire, the conciliator, at
. on the day of
2000 at . M. for a Pre-Hearing Custody Conference. At such conference, an effort will be
made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the
issues to be heard by the Court and to enter into a temporary order. All children age five or older
may also be present at the conference. Failure to appear at this conference may provide grounds
for entry of a temporary or permanent order.
By the Court,
By:
Custody Conciliator
YOU SHOULD TAKE TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
1-800-990-9108
AMERICANS WITH DISABILITIES
ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduling conference or hearing.
-;,~ -
JEFFREY ALAN SWARTZ, SR.,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000- CIVIL TERM
KELLY M. SWARTZ,
Respondent
IN CUSTODY
PETITION FOR CUSTODY
AND NOW, this 17th day of November 2000, comes the Petitioner, Jeffrey Alan Swartz,
Sr., by his attorneys, Irwin, McKnight and Hughes, and presents the following Petition for
Custody.
1.
The petitioner is Jeffrey Alan Swartz, Sr., an adult individual residing at 7073 Carlisle
Pike, Lot 229, Carlisle, Cumberland County, Pennsylvania 17013.
2.
The respondent is Kelly M. Swartz, an adult individual residing at 7073 Carlisle Pike, Lot
229, Carlisle, Cumberland County, Pennsylvania 17013.
3.
The parties are the natural parents of two minor child, namely Jeffrey Alan Swartz, Jr.,
born May 30, 1992, age seven (8) years. and Carole Rebecca Lynn Swartz, born May 17, 1998,
age two and one-half years (2 1/2) years.
4.
Petitioner desires primary physical custody of the children and joint legal custody with
periods of visitation to respondent as can be mutually arranged between the parties.
6.
The best interest of the children requires that the court grant the petitioner's request as set
forth above.
WHEREFORE, petitioner respectfully seeks the entry of an Order of Court seeking
primary physical custody of the children and joint legal custody with periods of visitation to
respondent as can be mutually arranged between the parties.
Respectfully submitted,
By:
Date: November 17, 2000
"-. ,'-J .-1'-''''
..
VERIFICATION
The foregoing Petition for Custody is based upon information which has been gathered
by counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
1M~ .( L_~ ~.
A. SWART, SR.
Date:~~ooo
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