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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
Catherine L. Swartz
VERSUS
Kenneth P. Swartz
AND NOW,
PENNA.
No.
DECREE IN
DIVORCE
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200~ IT IS ORDERED AND
DECREED THAT
Catherine L. Swartz
AND
Kenneth P.Swartz
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
2001 -' 496
, PLAINTIFF,
, DEFENDANT,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
None. All claims resolved bv Marital Settlement
Aqreement dated June
incorporated, but not
only.
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PROTHONOTARY
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CATHERINE 1. SWARTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01-496
KENNETHP. SWARTZ,
Defendant
IN 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 Section 3301( d) (1) of the Divorce
Code.
2. Date and manner of service of the Complaint:
Certified Mail on February 21. 2001
3. Date of execution of the Affidavit required by Section 3301 (d) of the
Divorce Code: Mav 14. 2004
Date of filing and service of the Plaintiffs affidavit upon the Defendant: Mav 18. 2004: Mav 19.2004
4. Related claims pending: None
5. Date at).d manner of service of the Notice of Intention to file Praecipe, a copy of which is
attached: Bv U.S. Mail addressed to Defendant's counsel. Richard 1. Weber. Jr.. Esquire on
June 10. 2004.
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Date,
Da~~
Attorney for Plaintiff
ID # 41954
39 W. Main Street - Ste #1
Mechanicsburg, P A 17055-6230
(717) 766-9622
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MARITAL AGREEMENT
THIS AGREEMENT, made this I.(/~ day of J Vf\? ,2004, by and
between KENNETH P. SWARTZ, hereinafter referred to as Husband, of 1020 Germany
Ridge Road, Elliottsburg, Perry County, Pennsylvania 17024, and CATHERINE L.
SWARTZ, hereinafter referred to as Wife, of 257 Walnut Street, Apartment 1, Shippensburg,
Cumberland County, Pennsylvania 17257.
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife, having been married on
October 2, 1982, in Franklin County, Pennsylvania, with three (3) children having been born
ofthe marriage; and
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen
between the parties and it is the intention of Wife and Husband to live separate and apart, and
the parties hereto are desirous of settling some of their respective financial and property rights
and obligations as between each other including, without limitation by specification: the
equitable division of marital property, and the settling of all matters between them relating to
the past, present and future support, alimony and/or maintenance of Wife by Husband or of
Husband by Wife.
NOW, THEREFORE, in consideration of the premises and of the mutual promises,
covenants and under takings hereinafter set forth which are hereby acknowledged by each of
the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant
and agree as follows:
1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS
This Agreement is not intended to condone and shall not be deemed to be a
condonation, on the part of either party hereto, of any act or acts on the part of the other party
which have occasioned the disputes or unhappy differences which have occurred prior to or
which may occur subsequent to the date hereof.
Wife has filed with the Court an Affidavit pursuant to Section 3301(d) of the
Pennsylvania Divorce Code of 1980's as amended. Husband agrees that he will refrain from
filing a Counter-Affidavit indicating that the marriage is not irretrievably broken.
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2. EFFECT OF DIVORCE DECREE
The parties agree that unless otherwise specifically provided herein, this Agreement
shall continue in full force and effect after such time as a final decree in divorce may be
entered with respect to the parties.
3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE
The parties agree that the terms of this Agreement may be incorporated for
enforcement purposes only into any divorce decree, which may be entered with respect to
them.
4. DATE OF EXECUTION
The "date of execution" or "execution date" of the Agreement shall be defined as the
date upon which it is executed by the parties if they have each executed the Agreement on the
same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be
defined as the date of execution by the party last executing this Agreement.
5. ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been fully explained to
the parties by their respective counsel, Richard 1. Webber, Jr., Esquire, for Husband, and
Dawn S. Sunday, Esquire, for Wife. The parties acknowledge that they have received
independent legal advice from counsel of their selection and that they fully understand the
facts and have been fully informed as to their legal rights and obligations and they
acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and
that it is being entered into freely and voluntarily after having received such advice and with
such knowledge and that execution of this Agreement is not the result of any duress or undue
influence and that it is not the result of any collusion or improper or illegal agreement
or agreements.
6. PERSONAL RIGHTS
Wife and Husband may and shall, at all times hereafter, live separate and apart. They
shall be free from any control, restraint, interference or authority, direct or indirect, by the
other in all respects as fully as if they were unmarried. They may reside at such place as they
may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in
any business, occupation, profession or employment, which to him or her may seem
advisable. Wife and Husband 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.
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7. SEPARATION DATE
The parties do hereby acknowledge that they separated on March 4, 2000. It is hereby
agreed that March 4, 2000, shall be the separation date for purposes of equitable distribution
under the Pennsylvania Divorce Code unless altered by subsequent agreement of the parties in
writing and signed by each ofthe parties. No attempt at reconciliation shall be considered to
alter the separation date unless evidenced by written agreement.
8. MOTOR VEHICLES
A. The parties agree that Wife shall continue to be the sole and exclusive owner
of the 1992 Cavalier which she drives, along with all rights under any insurance policy
thereon. Wife shall assume total responsibility for payment of any loans associated with the
vehicle and any liens and encumbrances thereon. -
B. The parties agree that Husband shall become the sole and exclusive owner of
the following vehicles, along with all rights under any insurance policies thereon: 1969 GMC
16 Foot Flathead, 1979 Chevrolet Pickup, 1978 Chevrolet Pickup, 1978 Buick Station
Wagon, 1986 Chevrolet Cavilier, and 1987 Jeep Wagoneer. Husband shall assume total
responsibility for payment of any loans associated with the vehicles and any liens and
encumbrances thereon.
9. PERSONAL PROPERTY
Husband and Wife do hereby acknowledge they have previously divided their tangible
personal property, including but not limited to livestock, jewelry, clothes, furniture,
furnishings, rugs, carpets, household and farm equipment and appliances, vehicles, pictures,
books, works of art and all other personal property and hereafter Wife agrees that all of the
property in the possession of Husband shall be the sole and separate property of Husband and
Husband agrees that all of the property in the possession of Wife shall be the sole and separate
property of Wife. The parties do hereby specifically waive, release, renounce and forever
abandon whatever claims, if any, he or she may have with respect to the above items, which
shall become the sole and separate property of the other.
10. AFTER-ACQUIRED PERSONAL PROPERTY
Each of the parties shall hereafter own and enjoy, independently of any claim or right
of the other, all items of personal property, tangible or intangible, hereafter acquired by him
or her, with full power in him or her to dispose of the same as fully and effectively, in all
respects and for all purposes, as though he or she were not married. Wife acknowledges that
the items listed in Husband's response to Interrogatory 58 are non-marital assets, and she
specifically waives any potential interest that she may have in those items.
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11. REALESTATE
Each party hereto acknowledges and agrees that neither has an interest III any
real estate.
12, WAIVER OF SPECIFIED CLAIMS BY WIFE
Wife hereby releases and waives any and all right to claim any interest in the
following aSsets:
A. Orrstown Bank Account #103001746;
B. AgChoice Farm Credit Preferred Stock, Patronage Payable, and Stock
Dividend;
C. The business known as Kenneth P. Swartz Dairy, including all assets,
and post, present, and future income related thereto;
D. Two burial plots, vault and interment service at Parklawn Memorial
Gardens; and
E. Cumberland Valley Coop Account
13. WAIVER OF SPECIFIED CLAIMS BY HUSBAND
Husband hereby releases and waives any and all right to claim any interest or share
in Wife's IRA held through Principal Financial Group, Smith Barney Large Cap Core Fund
#106389104, Land O'Lakes, Inc., Equity, and the savings bond cashed by her.
14. FUNDS ON DEPOSIT AT BANKS OR FINANCIAL INSTITUTIONS
The parties acknowledge and agree that they have previously divided to their
satisfaction funds that would be deemed marital assets.
Husband assumes full liability for the obligation to Kenneth H. Swartz and Virginia
Swartz and the Citizens Bank loan. Husband shall indemnifY and hold Wife harmless for any
liability therefrom. Husband shall, within 10 days of the execution of this Agreement,
provide evidence that the Citizens Bank loan has been paid in full and shall provide a Release
executed by Husband's parents releasing her from any obligation to them.
15. WARRANTY AS TO EXISTING OBLIGATIONS
Each party represents that he or she has not heretofore incurred or contracted for any
debt or liability or obligation for which the estate of the other party may be responsible or
liable except as may be provided for in this Agreement. Each party agrees to indemnifY and
hold the other party harmless from and against any and all such debts, liabilities or obligations
of every kind which may have heretofore been incurred by them, including those for
necessities, except for the obligations arising out of this Agreement.
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16. WARRANTY AS TO FUTURE OBLIGATIONS
Wife and Husband each covenant, warrant, represent and agree that each will now and
at all times hereafter save harmless and keep the other indemnified from all debts, charges and
liabilities incurred by the other after the execution date of this Agreement, except as may be
otherwise specifically provided for by the terms of this Agreement and that neither of them
shall hereafter incur a liability whatsoever for which the estate of the other may be liable.
17. LUMP SUM PAYMENT TO (WIFE/HUSBAND)
In consideration of Wife's waiver of all rights to Husband's dairy farming business,
Husband shall transfer the entire balance (approximately $5,700.00) of the Land 0 Lakes, Inc.
equity account to Wife's sole name within ten days of the execution date of this Agreement.
Husband shall cooperate in signing any forms required by Land 0 Lakes, Inc., to transfer the
account within the specified time period. In addition, Husband shall transfer the Smith
Barney Large Cap Corp fund, Account #106389104, to Wife's sole name within ten days of
the execution date of this Agreement and shall cooperate in sigrring any documents required
by Smith Barney to effectuate the transfer. Finally, Husband shall pay to Wife the sum of
$30,000.00 by cashier's check within ten days of the execution of this Agreement.
18. LEGAL FEES
Each party shall pay their own legal fees relating to the divorce action, preparation of
this Agreement, and any other legal fees incurred.
19. INCOME TAX RETURNS
Husband and Wife warrant that they have paid all taxes on prior returns including the
calendar year ending December 31, 2003; that they do not owe any interest or penalties
thereon; and that no tax deficiency proceeding or audit is pending or notice thereof received.
Husband shall give Wife notice of any deficiency assessment and Wife shall give Husband
notice of any deficiency assessment of which they individually or collectively become aware.
The parties agree that should it ultimately be determined that any deficiency and/or penalty
exists with respect to any jointly filed returns, the party responsible for the erroneous
preparation and/or non-disclosure of information which has resulted in the deficiency and/or
penalty, shall be solely responsible for the payment of the amount ultimately determined to be
due, together with interest, as well as expenses that may be incurred to contest the assessment.
If deficiencies or penalties become due as a result of individually filed returns, the party who
filed the return shall be solely responsible for all sums due, and shall indemnify and hold
harmless the other party for any payment thereon. The parties agree to file separate federal
and state income tax returns and that Wife shall claim the parties' minor daughter each year as
a dependent for which Husband shall sign the necessary waivers.
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20. MUTUAL RELEASES
Husband and Wife each do hereby mutually remise, release, quitclaim and forever
discharge the other and the estate of each other, for all time to come, and for all purposes
whatsoever, of and from any and all rights, title and interest, or claims in or against the
property (including income and gain from property hereafter accruing) of the other or against
the estate of such other, of whatsoever nature and wheresoever situate, which he or she now
has or at any time hereafter may have against such other, the estate of such other or any part
thereof, whether arising out of any former acts, contracts, engagements or liabilities of such
other or by way of dower, courtesy, or claims in the nature of dower or courtesy or widow's
or widower's 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 (a) Pennsylvania, (b) any State, Commonwealth or
territory of the United States, or (c) any other country, except, and only except, all rights and
agreements and obligations of whatsoever nature arising or which may arise under this
Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife
to give to each other by the execution of this Agreement a full, complete and general release
with respect to any and all property of any kind or nature, real, personal or mixed, which the
other now owns or may hereafter acquire, except and only except all rights and agreements
and obligations of whatsoever nature arising or which may arise under this Agreement or for
the breach of any provision thereof.
21. WAIVER OR MODIFICATION TO BE IN WRITING
No modification or waiver of any of the terms hereof shall be valid unless in writing
and signed by both parties and no waiver of any breach hereof or default hereunder shall be
deemed a waiver of any subsequent default of the same or similar nature.
22. MUTUAL COOPERATION
Each party shall, at any time and from time to time hereafter, take any and all steps
and execute, acknowledge and deliver to the other party any and all future instruments and/or
documents that the other party may reasonably require for the purpose of giving full force and
effect to the provisions of this Agreement.
23. LAW OF PENNSYLVANIA APPLICABLE
This Agreement shall be constmed in accordance with the laws of the Commonwealth
of Pennsylvania.
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24. AGREEMENT BINDING ON HEIRS
This Agreement shall be binding and shall insure to the benefit of the parties hereto
and their respective heirs, executors, administrators, successors and assigns.
25. BREACH
If either party breaches any provision of this Agreement, 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, and the party breaching this contract shall be
responsible for payment of legal fees and costs incurred by the other in enforcing their rights
under this Agreement.
26. WAIVER OF ALIMONY AND OTHER RIGHTS
The parties hereto have been informed of their rights or have been advised to seek
counsel to inform them of their rights under and pursuant to the Divorce Code, Action of
April 2, 1980, Number 1980-26, as amended, particularly the provisions for alimony, alimony
pendente lite, equitable distribution of marital property, counsel fees or expenses. Both
parties agree that this Agreement shall conclusively provide for the distribution of property
under the said law and except as specifically provided for in this agreement, hereby waive,
release and relinquish any further rights they may respectively have against the other for
alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or
expenses. From the date hereof, each party may acquire either personal or real property in
their own name. Any property so acquired shall be owned solely by the individual and shall
not be subject to any claim whatsoever by the other party.
27. FINANCIAL DISCLOSURE
The parties confirm that they have relied on the substantial accuracy of the financial
disclosure ofthe other as an inducement to the execution ofthis Agreement.
28. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding of the parties and supersedes any
and all prior agreements and negotiations between them. There are no representations or
warranties other than those expressly set forth herein.
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29. NO WAIVER OF DEFAULT
This Agreement shall remain in full force and effect unless and until terminated under
and pursuant to the terms of this Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall in no way affect the right of
such party hereafter to enforce the same, nor shall the waiver of any breach of any provision
hereof be construed as a waiver of any subsequent default of the same or similar nature, nor
shall it be construed as a waiver of strict performance of any other obligations herein.
30. SEVERABILITY
If any term, condition, clause or provision of this Agreement shall be determined or
declared to be void or invalid in law or otherwise, then only that term, condition, clause or
provisions shall be stricken from this Agreement and in all other respects this Agreement shall
be valid and continue in full force, effect and operation. Likewise, the failure of any party to
meet her or his obligations under anyone or more of the paragraphs herein, with the exception
of the satisfaction of the conditions precedent, shall in no way void or alter the remaining
obligations of the parties.
31. 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.
32. 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, that it is being entered into voluntarily, and that it is not the result of any duress
or undue influence.
33. 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.
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34. INDEMNIFICATION OF HUSBAND
If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable
for the debts or obligations 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.
35. DISCLOSURE OF ASSETS
The parties warrant that they have given a full, complete and accurate disclosure of all
assets, of any nature, whether or not the assets were held jointly or in one name alone. The
remedies available to either party for breach or violation of this provision shall be those
remedies available pursuant to law and equity including the right to punitive and
compensatory damages.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
WITNESS:
{!aJhui11.f 'd? ;;)/JttdL
CATHERINEL. SWARTZ
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KENNETHP. SWAR1:Z
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COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
On this, the Y f~ day of J ~..." , 2004, before me a
Notary Public, the undersigned officer, personally appeared Kenneth p, Swartz, known to me
to be the person whose name is subscribed to the within Agreement and acknowledged that he
executed the same for the purposes therein contained,
IN WITNESS WHEREOF, I have hereunto set my hand and seal.
/V/,/L(-'~
(SEAL)
COMMONWEALTH OF PENNSYL VANIA
SS
COUNTY OF CUMBERLAND
On this, the /c,?1i, day of V/"A.)e" , 2004, before me a
Notary Public, the undersigned officer, personally appeared Catherine 1. Swartz, known to
me to be the person whose name is subscribed to the within Agreement and acknowledged
that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal.
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Susan L Matlazi. Notary Public
Mechanicsbulg Bora. Cumbenand County
My Commisllion Expires Nov, 24. 2007
Member. Pennsylvania Association Of Notaries
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CATHERINE L. SWARTZ,
Plaintiff
: No. {) 1- Ij.tj("
Civil Term
v.
KENNETH P. SWARTZ,
Defendant
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HA VE 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 annuhnent 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, 1 Courthouse Square, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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Le han demandado a usted a la corte. Si usted qui ere defenderse en contra estas demandas
expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo a1 partir de la fecha de la
demanda y la notificacion. U sted debe presentar una apariencia escrita 0 en persona 0 por abogado
y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra suya.
Se has avisado que si usted no se defienda, la corte tomara medidas y puede entrar una orden
contra usted sin previo aviso 0 notificacion ypor cualquier que ja 0 alivio que es pedido en la peticion
do demanda. USTED PUEDE PERDER DINERO 0 PROPIENDADES 0 OTROS DERECHOS
IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO
TIENE 0 CONOCES UN ABOGADO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA
OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUlR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CATHERINE L. SWARTZ,
Plaintiff
: No. 6/-<..{Q'"
Civil Term
v.
KENNETHP. SWARTZ,
Defendant
: IN DIVORCE
COUNT I
COMPLAINT UNDER SECTION 3301(c)
OF THE DIVORCE CODE
AND NOW comes CATHERINE L. SWARTZ, by and through her
attorney, Maryann Murphy, Esquire of MidPenn Legal Services, who
respectfully avers as follows:
1. Plaintiff is CA'rHERINE L. SWARTZ whose current address is
37 Byers Road, Shippensburg, Cumberland County, Pennsylvania.
2. Defendant is KENNETH P. SWARTZ whose current address is
North 303 Fayette Street, Apartment #3, Shippensburg, Cumberland
County, Pennsylvania.
3. Plaintiff and Defendant have been bona fide residents in
the Commonwealth for at least six months immediately previous to
the filing of this Complaint.
4. Plaintiff and Defendant were married on October 2, 1982
in Franklin County, Pennsylvania.
5. There have been no prior actions for divorce or for
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annulment between the parties.
6. Defendant is not a member of the Armed Forces of the
United States of America or any of its Allies.
7. The marriage is irretrievably broken.
8. Plaintiff has been advised of the availability of
marriage counseling and that she may have the right to request the
Court to require the parties to participate in such counseling.
Being so advised, Plaintiff does not request that the Court require
the parties to participate in counseling prior to a Divorce Decree
being handed down by the Court.
9. Plaintiff requests this Court to enter a Decree in
Divorce from the bonds of matrimony.
COUNT II
CLAIM FOR EOUITABLE DISTRIBUTION OF MARITAL PROPERTY
UNDER SECTION 3502 OF THE DIVORCE CODE
13. Plaintiff hereby incorporates by reference all of the
averments contained in Count I of this Complaint.
14. Plaintiff and Defendant are the owners of motor
vehicles, bank accounts, farm animals and machinery, and other
personal property acquired during the marriage which are subject to
equitable distribution by this Court.
15. Plaintiff and Defendant have been unable to agree as to
an equitable division of said property as of the date of the filing
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of this Complaint.
16. Plaintiff requests this Court to equitably distribute the
parties' marital property.
WHEREFORE, Plaintiff requests this Honorable Court to
enter a Decree:
a. dissolving the marriage between the Plaintiff and
Defendant; and
b. equitably distributing all property owned by the
parties hereto; and
c. for such further relief as the Court may determine
to be equitable and just.
Respectfully submitted,
urphy, Esqu~re
MID PENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
LD. # 61900
Attorney for Plaintiff
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AFFIDAVIT
I, CATHERINE L. SWARTZ, verify that the statements made in the
foregoing Complaint in Divorce are true and correct. I understand
that false statements herein are made subject to the penalties of
18 Pa.C.S. Section 4904, relating to unsworn falsification to
authorities.
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CATHERINE L.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CATHERINE L. SWARTZ,
Plaintiff
: No.
Civil Term
v.
KENNETH P. SWARTZ,
Defendant
: IN DIVORCE
CERTIFICATE OF SERVICE
I, Ma~yann Murphy, Esquire, do hereby certify that a true and
correct copy of the wi thin Divorce Complaint was mailed to the
Defendant, KENNETH P. SWARTZ, by first class U.S. mail, postage
pre-paid, certified/restricted delivery, addressed as follows:
Kenneth P. Swartz
303 North Fayette Street
Apartment #3
Shippensburg, PA 17257
Respectfully submitted,
urphy, Esquir
MID PENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
I.D. # 61900
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CATHERINE L. SWARTZ,
Plaintiff
: NO. 01- 'IQr.,
Civil Term
v.
: IN DIVORCE
KENNETH P. SWARTZ,
Defendant
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, CATHERINE L. SWARTZ, Plaintiff, to proceed in forma pauperis.
I, Maryann Murphy, Esquire, of MidPenn Legal Services, attorney for the party
proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that
I am providing free legal services to the party. The party's affidavit showing inability to pay the
costs of litigation is attached hereto.
Maryann Murphy, Esquire
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
I.D. # 61900
Attorney for Plaintiff
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FILFfl,.()~Rr:E
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01 JMl24 PM 12: 50
CUMBERLAt'ID COUNTY
PENNSYLVANIA
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CML ACTION - LAW
CATHERINE 1. SWARTZ,
Plaintiff
: NO. (J/- '-f9~
Civil Term
v.
: IN DIVORCE
KENNETH P. SWARTZ,
Defendant
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEAVE TO PROCEED IN FORMA PAUPERIS
1. I am CATHERINE 1. SWARTZ, Plaintiff in the above matter and because of my
financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing
the action or proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to pay
the costs of litigation.
3. I represent that the information below relating to my ability to pay the fees and costs
is true and correct.
(a) Name: CATHERINE 1. SWARTZ
Address: 37 Byers Road. ShiDDensburg:. PA 17257
(b) Social Security Number: 205-44-2359
If you are presently employed, state
Employer: Food Lion
Address: Route 11. Chambersburg:. PA
Salary or wages per month: $ 217.00
Type of work: cashier
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If you are presently unemployed, state N/ A
Date of last employment: N/ A
Salary or wages per month: N/A
Type of work: N/A
(c) Other income within the past twelve months
Business or profession: -0-
Other self-employment: -0-
Interest: -0-
Dividends: -0-
Pension and annuities: -0-
Social Security benefits: -0-
Support payments: $123.00
Disability payments: -0-
Unemployment compensation and
supplemental benefits: -0-
Workman's compensation: -0-
Public Assistance: -0-
Other: prior to current emoloyment. worked 30 ills oer week at $6.25 oer hour for
aooroximatelv 4 months
(d) Other contributions to household support NONE
(Wife)(Husband) Name: N/A the parties are seoarated
If your (husband) (wife) is employed, state
Employer:
N/A
.
Salary or wages per month: N/A
Type of work: N/A
Contributions from children: -0-
(e) Property owned
Cash: $5.00
Checking Account: $2.400.00 (Lump-sum payment of su~port arrears owed to
Plaintiff - saving for apartment and independent living: - used to supplement income while
attending school - currentlv residing with friends)
Savings Account: -0-
Certificates of Deposit: -O-
Real Estate (including home): N/A
Motor vehicle: Make Ford Fairrnont
Year
1978
Cost $1.000.00
Stocks; bonds: -0-
Other: IRA - $980.00
(t) Debts and obligations
Amount owed -0-
Mortgage:
Rent:
Loans:
-0-
-0-
$50.00
Monthly Expenses: apDfoximately $510.00
(g) Persons dependent upon you for support
(Wife) (Husband) Name: N/A
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Children, if any:
Name: Shelby
Age: 13 vears
4. I understand that I have a continuing obligation to inform the court of improvement in
my financial circumstances which would permit me to pay the costs incurred herein.
5. I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn
falsification to authorities.
Date:~ro (
rfi:.JP1QA~~ ot1~y;P!ts
CATHERINE 1. SWART
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CUMGERU,I~D COUNTY
PENNSYLVANIA
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-00496 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SWARTZ CATHERINE L
VS
SWARTZ KENNETH P
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - DIVORCE
was served upon
SWARTZ KENNETH P
the
DEFENDANT
, at 0016:05 HOURS, on the 21st day of February, 2001
at 303 NORTH FAYETTE STREET
APT 3
SHIPPENSBURG, PA 17257
by handing to
KENNETH SWARTZ
a true and attested copy of COMPLAINT - DIVORCE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
13.02
.00
10.00
.00
41. 02
So Answers:
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R. Thomas Kline
02/22/2001
Sworn and Subscribed to before
By:
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day of
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CATHERINEL. SWARTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
01-496
CIVIL TERM
KENNETHP. SWARTZ,
Defendant
IN DIVORCE
NOTICE
If you wish to deny any of the statements set forth in this affidavit, you must file a
counter-affidavit within twenty days after this affidavit has been served on you or the statements will
be admitted.
AFFIDAVIT UNDER & 3301(D) OF THE DIVORCE CODE
1. The parties to this action separated on March 3, 2000 and have continued to live separate
and apart for a period of at least two years.
2. The marriage is irretrievably broken.
3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees
or expenses in do not qlaim them before a divorce is granted.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn
falsification to authorities.
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Date
O~tj(SL06Xh:_
Catherine L. Swartz, Defendant
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CATHERINEL. SWARTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01-496
KENNETHP. SWARTZ,
Defendant
IN DIVORCE
NOTICE OF INTENTION TO REQUEST
ENTRY OF DIVORCE DECREE
To: Kenneth P. Swartz
Defendant
Catherine L. Swartz, Plaintiff, intends to file with the Court the attached Praecipe to Transmit Record
on or after Julv 1. 2004, requesting that a final decree in divorce be entered.
~
Dawn S. Sunday
ill # 41954
39 W. Main Street, Ste. #1
Mechanicsburg, P A 17055
(717) 766-9622
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CATHERINEL. SWARTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
01-496
CIVIL TERM
KENNETHP. SWARTZ,
Defendant
IN DIVORCE
COUNTER-AFFIDAVIT UNDER & 3301(d) OF THE DIVORCE CODE
1. Check either (a) or (b):
[ ] (a) I do not oppose the entry of a divorce decree.
[ ] (b) I oppose the entry of a divorce decree because (check (i) or (ii) or both):
[ ] (i) The parties to this action have not lived separate and apart for a period of at
least two years.
[ ] (ii) The marriage is not irretrievably broken.
2. Check either (a) or (b):
[ ] (a) I do not wish to make any claims for economic relief. 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.
[ ] (b) I wish to claim economic relief which may include alimony, division ofproperty,
lawyer's fees or expenses or other important rights.
I understand that in addition to checking (b) above, I must also file all of my economic claims
with the prothonotary in writing and serve them on the other party. If I fail to do so before the
date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be
entered without further notice to me, and I shall be unable thereafter to file any economic
claims.
I verify that the statements made in this counter-affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904 relating to unsworn
falsification to authorities.
Kenneth P. Swartz, Defendant
Date
NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE
AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU
SHOULD NOT FILE THIS COUNTER-AFFIDAVIT.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
01-496
CIVIL TERM
KENNETHP. SWARTZ,
Defendant
IN DIVORCE
NOTICE
If you wish to deny any of the statements set forth in this affidavit, you must file a
counter-affidavit within twenty days after this affidavit has been served on you or the statements will
be admitted.
AFFIDAVIT UNDER & 3301(0) OF THE DIVORCE CODE
1. The parties to this action separated on March 3, 2000 and have continued to live separate
and apart for a period of at least two years.
2. The marriage is irretrievably broken.
3. 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 are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn
falsification to authorities.
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01-496 CIVIL TERM
KENNETHP. SWARTZ,
Defendant
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be admitted.
AFFIDAVIT UNDER IS 3301(D) OF THE DIVORCE CODE
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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 are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn
falsification to authorities.
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Catherine L. Swartz, Defendant
Date
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CATHERINE L. SWARTZ,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-496
KENNETHP. SWARTZ,
Defendant
IN DIVORCE
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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 Section 3301( d) (1) of the Divorce
Code.
2. Date and manner of service ofthe Complaint:
Certified Mail on Februarv 21. 2001
I
3. Date of execution of the Affidavit required by Section 3301 (d) of the
Divorce Code: Mav 14. 2004
Date of filing and service ofthe Plaintiffs affidavit upon the Defendant: Mav 18. 2004; Mav 19.2004
4. Related claims pending: None
5. Date and manner of service of the Notice of Intention to file Praecipe, a copy of which is
attached: BvU.S. Mail addressed to Defendant's counsel. Richard L. Weber. Jr.. Esquire on
June 10.2004.
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Attorney for Plaintiff
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39 W. Main Street - Ste #1
Mechanicsburg, P A 17055-6230
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CATHERINE L. SWARTZ,
Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-496
vs.
KENNETHP. SWARTZ,
Defendant
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PRAECIPE TO TRANSMIT RECORD
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Please transmit the record, together with the following information, to the Court for entry of a Divorce
Decree:
Code.
1. Ground for divorce: Irretrievable breakdown under Section 3301( d) (1) of the Divorce
2. Date and manner of service of the Complaint:
Certified Mail on Februarv 21. 2001
3. Date of execution of the Affidavit required by Section 3301 (d) of the
Divorce Code: Mav 14. 2004
Date of filing and service of the Plaintiff s affidavit upon the Defendant: Mav 18. 2004: Mav 19.2004
4. Related claims pending: None
5. Date and manner of service of the Notice of Intention to file Praecipe, a copy of which is
attached: BvU.S. Mail addressed to Defendant's counsel. Richard L. Weber. Jr.. Esquire on
June 10. 2004.
Date
Dawn S. Sunday, Esquire
Attorney for Plaintiff
ill # 41954
39 W. Main Street - Ste #1
Mechanicsburg, P A 17055-6230
(717) 766-9622
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CATHERINE L. SWARTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
01-496
CIVIL TERM
KENNETHP. SWARTZ,
Defendant
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COUNTER-AFFIDAVIT UNDER & 3301(d) OF THE DIVORCE C~
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IN DIVORCE
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[ ] (a) I do not oppose the entry of a divorce decree.
[ ] (i) The parties to this action have not lived separate and apart for a period of at
least two years.
[ ,] (ii) The marriage is not irretrievably broken.
2. Check either (a) or (b):
[ ] (a) I do not wish to make any claims for economic relief. 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.
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[ ] (b) I wish to claim economic relief which may include alimony, division of property,
lawyer's fees or expenses or other important rights.
I understand that in addition to checking (b) above, I must also file all of my economic claims
with the prothonotary in writing and serve them on the other party. If I fail to do so before the
date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be
entered without further notice to me, and I shall be unable thereafter to file any economic
claims.
I verify that the statements made in this counter-affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904 relating to unsworn
falsification to authorities.
Date
Kenneth P. Swartz, Defendant
NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE
AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU
SHOULD NOT FILE TillS COUNTER-AFFIDAVIT.
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CATHERINE L. SWARTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01-496
KENNETHP. SWARTZ,
Defendant
IN DIVORCE
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NOTICE OF INTENTION TO REQUEST
ENTRY OF DIVORCE DECREE
To: Kenneth P. Swartz
Defendant
Catherine L. Swartz, Plaintiff, intends to file with the Court the attached Praecipe to Transmit Record
on or after Julv 1. 2004, requesting that a [mal decree in divorce be entered.
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Attorney for Plaintiff
Dawn S. Sunday
ill # 41954
39 W. Main Street, Ste. #1
Mechanicsburg, P A 17055
(717) 766-9622
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CATHERINE L. SWARTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01-496
KENNETH P. SWARTZ,
Defendant
IN DIVORCE
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NOTICE OF INTENTION TO REQUEST
ENTRY OF DIVORCE DECREE
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Defendant
Catherine L. Swartz, Plaintiff, intends to file with the Court the attached Praecipe to Transmit Record
on or after Julv L 2004, reqttesting that a final decree in divorce be entered.
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Dawn S. Sunday
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Plaintiff
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01-496
CIVIL TERM
KENNETHP. SWARTZ,
Defendant
IN DIVORCE
PLAINTIFF'S REOUEST FOR PRODUCTION
OF DOCUMENTS
INSTRUCTIONS and DEFINITIONS
Plaintiff, Catherine L. Swartz, by her undersigned counsel, hereby propounds the following
Request for Production of Documents and tangible things pursuant to Rule 4009.1 et seq. of the
Pennsylvania Rules of Civil Procedure.
The documents and tangible things requested herein must be produced at the law offices of
Dawn S. Sunday, 39 West Main Street, Suite 1, Mechanicsburg, PA, within thirty days.
Each of the following requests is intended as a separate request. Where a request has subparts,
please respond to each subpart separately and in full. Do not limit any response to the numbered
request as a whole.
If you have any objection to any request, please state your objection fully and set forth the
factual basis for your objection in lieu of production of the documents. You must file and serve a
written response to these requests within thirty days of service of these requests upon you, regardless
of the time set for production of the documents and things requested herein. You are reminded that
any objections not raised within the thirty-day period provided for by Pa.R.C.P. 4009.12 will be
deemed to have been waived by you.
These requests are not only for documents and tangible things that are owned by you, but also
for documents and tangible things that are in your possession, custody, or control. This means that you
must produce all documents and tangible things that are responsive to a particular request and that are
in your possession (regardless of whether they are your property), or over which you have control even
if they are not in your possession. It also means you must produce documents and tangible things that
are in the possession, custody, or control of your agents, employees, and/or attorneys.
Before responding to these requests you are required to make a diligent search of your files and
records to ascertain whether you have documents that would be responsive to a given request. Your
agents, employees, and attorneys must do the same.
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To avoid any possibility of confusion with respect to these requests, please note that the
following terms have the following meanings in these requests, unless a particular request clearly
indicates otherwise:
"You" or "your" refer to the person to whom these request have been addressed.
"Person" means any natural person, corporation, unincorporated association, trust, partnership,
and/or any other legally cognizable entity. It is contemplated that any corporation or other business
entity acts only through its agents, officers, employees, and attorneys, and requests that apply to any
such legal entity should be construed accordingly.
"Plaintiff' means the plaintiff or plaintiffs named in this action.
"Defendant" means that particular defendant or defendants in this section to whom this request
is addressed, as set forth above.
"Documents", "record", "file", and "report" all refer to and contemplate all written, recorded,
or graphic iniformation, whether preserved in writing, on magnetic tape, by electronic means, in
photographic form, on microfilm or microfiche, computer disc, or by any other means of information
retrieval or storage.
1. Federal and state individual/j9int personal income tax returns, and any amendments thereto,
including W-2Forms and all attached schedules, filed by you for the 2000 tax year.
2. All fmancial statements prepared by you or on your behalf for the past two years.
3. Computer generated records of income and payments from your Quicken or similar
computer program for the past two years.
4. All statements, issued by any bank, savings institution, or other financial institution from
January 1,1999, through the present.
5. All loan applications and loan documents pertaining to any sums of money borrowed or to
be borrowed by you, individually or jointly with any other person, or as gnarantor from January 1,
2000, through the present.
6. All brokerage statements pertaining to any accounts in which you individually, or with
others, had any interest from January 1, 1999, through the present.
7. All securities, including tax-free bonds and funds, in which you individually, or jointly with
any other person, had any interest as of January 1, 1999, or at any time thereafter.
8. All stock certificates, not in house accounts, in which you individually or jointly with any
other person, had any interest as of January 1, 1999, or at any time thereafter.
9. All mutual fund statements received by you from January 1, 1999.
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10. All treasury notes, treasury bills, U.S. Savings Bonds, corporate bonds, and municipal
bonds, presently owned or in which you, individually or jointly with any other person, had any interest
as of January 1, 2000, or at any time thereafter.
II. All savings certificates or certificates of deposit, or other depository receipts presently
owned orin which you had any interest on January 1, 2000, or at any time thereafter.
12. All documents including, but not limited to, any individual retirement account, pension or
profit sharing plan, saving~ plan, Keogh, 401(k) Plan, annuity benefits, retirement plan, stock bonus
plan, stock option plan, t!m\ft plan (excluding social security benefits), with your present employer, or
any previous employer, or regarding any other retirement benefits in which you, individually or with
others, have or had any iIlterest with benefits still due, including the sununary plan description, and
other such information regl!Tding the terms of the retirement plan, as well as annual statements for the
past two years, including the statement closest to the date of marriage and the statements immediately
preceding and immediately following the date of separation.
13. All monthly credit card statements and other charge account statements (MasterCard, Visa,
American Express, Discover, department stores, oil and gas companies, etc.), and supporting
information, the accounts of which are in your name individually or jointly with any other person, from
January 1, 2000, up to the present.
14. Documentation verifYing the sale by you of any asset having a value in excess of $500.00
from January 1, 2000, to the present.
15. All documentation evidencing the removal, transfer, redemption, or disbursement by you of
any funds from any savings accounts, certificates of deposit, or other depository receipt during the past
12 months.
16. All documentation or written instruments evidencing any existing debt obligation due to
you.
17. All mortgages and mortgage notes and/or bonds relating to any real estate that you
presently own, and current statements showing balances on such obligations.
18. A prospectus of all investments in which you had any interest for the past five years.
19. Copies of any gift tax returns for the previous five years.
20. All correspondence received by you from the Internal Revenue Service or state revenue
office during the past three years, except the submission of income tax returns.
21. All life insurance and annuity policies in which you have any interest as an owner, insured,
or beneficiary, including any change of beneficiary forms executed by you within the last five years.
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22. All inventories or other documents prepared in the last three years listing dairy/fanning
assets in which you have or had an interest, including but not limited to equipment, livestock, feed and
crops.
23. All records evidencing the purchase or sale of livestock, the value oflivestock purchased or
sold, milk production, and maintenance of livestock within the last three years.
24. All depreciation schedules prepared by you or on your behalf in the past three years.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA
CIVIL ACTION - LAW
CATHERINE L. SWARTZ,
Plaintiff
: No. 2001-496 Civil Term
v.
KENNETHP. SWARTZ,
Defendant
: IN DIVORCE
AFFIDAVIT OF SERVICE
I, Maryarm Murphy, Esquire, depose and say:
1. That I am an adult individual residing in Cumberland County, Pennsylvania.
2. That on February 21, 2001, the Defendant was personally served by the Sheriff of
Cumberland County, Pennsylvania with a Complaint in Divorce at 303 North Fayette Street,
Apartment #3, Shippensburg, Pennsylvania. A copy of the Sheriff's return, attesting to the
Defendant's receipt of the Complaint, is attached hereto.
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Maryarm M hy, Esquire 0
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
J.D. # 61900
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COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SWARTZ CATHERINE L
VS
SWARTZ KENNETH P
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - DIVORCE
SWARTZ KENNETH P
was served upon
the
DEFENDANT
, at 0016:05 HOURS, on the 21st day of February, 2001
at 303 NORTH FAYETTE STREET
APT 3
SHIPPENSBURG, PA 17257
by handing to
KENNETH SWARTZ
a true and attested copy of COMPLAINT - DIVORCE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
13.02
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10.00
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R. Thomas Kline
02/22/2001
me this
day of
Sheriff
Sworn and Subscribed to before By:
A.D.
Prothonotary
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CATHERINE L.SW ARTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
01-496
CIVIL TERM
KENNETHP. SWARTZ
Defendant
IN DIVORCE
MOTION TO COMPEL ANSWERS TO INTERROGATORIES
AND PRODUCTION OF DOCUMENTS
Petitioner, Catherine L. Swartz, by her attorney, Dawn S. Sunday, Esquire files this motion to
Compel Answers to Interrogatories and Production of Documents, and in support thereof, states the
following:
1. Petitioner is Catherine L. Swartz, who is the Plaintiff in the above-captioned divorce action.
2. Respondent is Kenneth P. Swartz who is the Defendant in the above-captioned divorce
action. Respondent is represented by D. Lloyd Reichard, Esquire and Douglas Roeder, Esquire in the
divorce proceedings.
3. Petitioner filed the divorce action on January 24, 2001 and Respondent was served with the
complaint on February 21,2001.
4. Counsel for Petitioner served a set of Interrogatories and a Request for Production of
Documents upon Respondent, through his counsel, on November 21, 2002. The cover letter and
signed certified return receipt are attached hereto as Exhibits A and B.
5. After expiration of the 30 day period, counsel for Petitioner contacted Respondent's counsel
in an effort to obtain the requested information without Court intervention. Despite Petitioner's
efforts, as of the date of filing this motion, neither Petitioner nor Petitioner's counsel have received a
Reponse to the Interrogatories or Request for Production. No objections have been filed by
Respondent.
6. Petitioner believes that Respondent will not provide the outstanding information necessary to
resolve the equitable distribution matters in this case unless ordered by the Court to do so.
7. Petitioner requires the financial information requested in the Interrogatories and Request for
Production in order to proceed toward resolution of the economic issues in the divorce action.
8. Petitioner is entitled to the discovery she seeks as provided by the Pennsylvania Rules of
Civil Procedure 1920.22 and 4006.
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WHEREFORE, Petitioner requests that the Court enter an Order pursuant to
Pa.R.C.PA019(a)(1)(i) compelling Respondent to provide complete answers to Plaintiffs
Interrogatories and Requests for Production of Documents in accordance with the attached Rule to
Show Cause.
Respectfully Submitted,
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Dawn S. Sunday, Esqu' -
ill # 41954
39 West Main Street - Suite #1
Mechanicsburg, P A 17055-6230
(717) 766-9622
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VERIFICATION
I verify that the statements made in the foregoing Motion to Compel Answers to Interrogatories
are true and correct. I understand that false statements herein are made subject to the penalties of
18 P A. C.S. Section 4904 relating to unsworn falsification to authorities.
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Dawn S. Sunday, Esquire 6'
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WilLIAM L. SUNDAY
DAWN S. SUNDAY
Attorneys - at - Law
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39 West Main Street. ste. 1
Mechanicsburg. PA 17055-6230
November 19, 2002
Phone (717) 766,9622
Phone (717) 766-9698
Fax (71 7) 795-7280
Douglas R. Roeder, Esquire
70 W. King Street
Chambersburg, P A 17201
RE: Catherine Swartz vs. Kenneth Swartz, Cumberland County Docket
NO. 01-496, In Divorce
Dear Doug:
As I explained in our recent telephone conversation, we had hoped to resolve the economic
issues in this divorce amicably and expeditiously. To that end I requested basic financial information
~ from Mr. Swartz, which Lloyd Reichard provided to me by letter dated June 5. Also in that letter,
Lloyd indicated that they intended to propose a method of evaluation for the farming operation.
However, as nothing developed as a result, Catherine Swartz located Art Kling, an appraiser in Perry
County who has experience doing appraisals for the Farm Service Agency, with an expertise in valuing
dairy cattle for the past 25 years. Art Kling is a certified appraiser and is willing to do a full evaluation
of the business for a fee of$500.00.
We have been trying to obtain Mr. Swartz's agreement to have the appraisal done by Art Kling
since August and I understand that Lloyd has made several efforts to contact your client concerning
this matter.
It appears that Mr. Swartz is not willing to cooperate in resolving the divorce issues and
unfortunately, the only way I know to move this matter toward resolution without his cooperation is to
have the Divorce Master appointed. Before Mr. Elicker will accept the appointment, however, I will
be required to certify that full discovery has been completed. . Therefore, I am enclosing a set of
Interrogatories and a request for Production of Documents for Mr. Swartz's response within 30 days.
Please do not hesitate to call me if you have any questions. Please give my best wishes to
Lloyd for a quick recovery.
Sincerely,
&L_~L:L-&~
Dawn S. Sunday
DSS/cg
cc: Catherine Swartz
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'G; SENDER:
-0 . Complete Items 1 and/or 2 for additional services.
';; . Complete items 3, 4a, and 4b.
G) . Print your name and address on the reverse of this form so that we ca.n return this
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~ . Attach this form to the front of the mailpiece, or on the back if space does not
l!! permit.
. Write "ReWm Receipt Requested" on the mallplece below the article number.
1 . The Return Rece;pt will show to whom the article was delivered and the dale
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6 3. Article Addressed to:
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102595.98,8-0229 Domestic Return Receipt
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CATHERINE L.SWARTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
Ys.
01-496
CIVIL TERM
KENNETHP.SWARTZ
Defendant
IN DIVORCE
RULE TO SHOW CAUSE
AND NOW, this
/(, ..
day of
-1 ;IM/" A<'tAf
.2003, a rule is
hereby issued on Defendant to show cause why the Motion to Compel Answers to Interrogatories and
Production of Documents filed on behalf of Plaintiff should not be granted. Rule returnable
z... 0 days from date of service.
BY THE COURT,
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CATHERINE L. SWARTZ,
Plaintiff
vs.
KENNETHP. SWARTZ
Defendant
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MAR 0 7 Z003 r
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-496
CIVIL TERM
IN DIVORCE
ORDER OF COURT
AND NOW, this I If ~ day of Yn/t'Vl~ , 2003, upon
consideration of Plaintiffs Motion to Compel Compliance and Impose Sanctions, The Rule to Show
Cause iss~~~A?~!~~ 16, 2003 is hereby made absolute and ~efendant is ordered and directed to
appear at~g'to- be held on the If) -cg day of ~ ,2003 at is : 3C! fl' m.
o'clock in Court Room number tf , Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
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CATHERINE L. SWARTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
01-496
CIVIL TERM
KENNETH P. SWARTZ
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this day of ,2003, upon
consideration of Plaintiffs Motion to Compel Compliance and Impose Sanctions, Defendant is hereby
ordered and directed to pay the full cost, in the amount of $500.00, of an appraisal of the parties' dairy
farming business to be performed by Art Kling, Certified Appraiser. Defendant is prohibited from
making any claims or introducing evidence contrary to the values assigned to the business and its
assets in the aforesaid appraisal. Further, all matters regarding which Interrogatories or Requests for
Production were submitted to Defendant and serve as the basis for the Rule to Show Cause shall be
taken to be established for the purposes of this action in accordance with Plaintiffs claims.
BY THE COURT,
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CATHERINEL. SWARTZ
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
01-496
CIVIL TERM
KENNETHP. SWARTZ
Defendant
IN DIVORCE
MOTION TO COMPEL COMPLIANCE AND IMPOSE SANCTIONS
Petitioner, Catherine L. Swartz, by her attorney, Dawn S. Sunday, files this Motion to
Compel Compliance and Impose Sanctions, and in support thereof, states the following:
1. Petitioner is Catherine L. Swartz, who is the Plaintiff in the above-captioned divorce
action.
2. Respondent is Kenneth P. Swartz, who is the Defendant in the above-captioned divorce
action. Respondent is represented by D. Lloyd Reichard in the divorce proceedings.
3. Petitioner filed the divorce action in forma pauperis on January 24, 2001 and
Respondent was served with the complaint on February 21,2001.
4. Counsel for Petitioner served a set of Interrogatories and a Request for Production of
Documents upon Respondent, through his counsel on November 21,2002.
5. Despite repeated requests, Respondent has failed to answer the Interrogatories or to
produce any requested documents.
6. Respondent has filed no objections to the requested discovery.
7. Petitioner filed a Motion to Compel Answers to Interrogatories and Production of
Documents, upon which the Court issued a Rule to Show Cause on January 16, 2003.
8. Petitioner served the Rule to Show Cause upon Respondent, through counsel, by
certified mail on January 22, 2003. A copy of the Return Receipt and the letter of
transmittal are attached hereto as Exhibit A.
9. As Respondent failed to respond to the Rule to Show Cause or provide any of the
requested discovery, counsel for Petitioner contacted Respondent's counsel
by telephone. Respondent's counsel indicated that his client has not responded
to counsel's attempts to gather the requested information.
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10. Respondent's counsel indicated that no Answers to Interrogatories or requested
documents are forthcoming.
11. Petitioner is entitled to the discovery she seeks as provided by the Pennsylvania Rules of
Civil Procedure 1920.22 and 4006 and requires the information requested in order to
proceed toward resolution of the economic issues in the divorce action.
12. The marital property is currently in the possession of Respondent, including the parties'
dairy farming business.
13. Respondent is in blatant violation ofPa.R.C.P. 4009.12 and 4006 as well as this Court's
Order dated January 16,2003.
WHEREFORE, Pursuant to Pa.R.C.P. 4019(a) , 4019(c)(I), (2) and (5), Petitioner requests
that the Court enter an Order permitting Petitioner to obtain an appraisal of the dairy business
assets and other marital property addressed in her request for discovery at the Respondent's sole
expense and prohibiting Respondent from introducing contrary evidence as to value of those
assets. Petitioner also requests that the Court order Respondent to pay all legal costs associated
with enforcement of her right to discovery.
Respectfully Submitted,
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Dawn S. Snnday, EsqUire
ill # 41954
39 West Main Street - Suite #1
Mechanicsburg, P A 17055-6230
(717) 766-9622
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VERIFICATION
I verify that the statements made in this Complaint are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
3/3/()J
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Date
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Dawn S. Sunday, Esquire
ill # 41954
39 West Main Street - Suite #1
Mechanicsburg, P A 17055-6230
(717) 766"9622
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WilLIAM L SUNDAY
DAWN S. SUNDAY
AttorneyS' at - Low
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39 West Moin Street. Ste, 1
Mechanicsburg. PA 17055-6230
January 20, 2003
Phone 017) 766-9622
Phone 017) 766,9698
Fax (717) 795-7280
D. Lloyd Reichard, Esquire
270 W. King Street
Chambersburg, P A 17201
RE: Catherine Swartz vs. Kenneth Swartz, Cumberland Connty Docket No - 01-496, In Divorce
Dear Lloyd,
With this letter, I am serving the enclosed Rule to Show Cause, Motion to Compel Answers to
Interrogatories and Production of Documents upon your client, Kenneth P. Swartz through your
office. Please note that the Rule is returnable within 20 days.
As you know, we have exhausted our efforts on behalf of Catherine Swartz to obtain the
financial infonnation necessary to resolve the property issues in this Divorce. It appears that the only
way to obtain Mr. Swartz's cooperation is through Court intervention. In the event Mr. Swartz
remains unresponsive, the evaluation of the assets can be accomplished through sanctions without his
participation.
Catherine Swartz continues to be willing to work toward an agreed upon resolution with the
assistance of Art Kling, (the appraiser which we had previously proposed to value the fanning
operation) following receipt of the Interrogatory answers and produced documents.
Please call me if you would like to discuss this matter.
Sincerely,
Jl
Dawn S. Sunday
cc: Catherine Swartz
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CATHERINEL. SWARTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
01-496
CIVIL TERM
KENNETHP. SWARTZ
Defendant
IN DIVORCE
CERTIFICATE OF SERVICE
I, Dawn Sunday, counsel for Petitioner, hereby certify that I served a true and correct copy of
the Motion for Sanctions upon Respondent, through his counsel, by first class, regular mail addressed
to:
D. Lloyd Reichard, Esquire
70 W. King Street
Chambersburg, P A 17201
Respectfully Submitted,
~d~
Dawn S. Sunday, Esquire
ill # 41954
39 West Main Street - Suite #1
Mechanicsburg, P A 17055-6230
(717) 766-9622
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