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HomeMy WebLinkAbout01-03729 . . . .' . . . . . . . . . . . . . " -,. ' ,~. 0""_ . . . . . . . . . . . . . . :+: ;+: :+i:+i:+i'" :+:;f,:ti:f. .. '"' ",j", _'-c.'oJ' - ,->'. ,'in. -,;.;co,. (~" -'. ,,_-,"_O"';"-~;-; ",J.-.i.\i- .;. ^,"-o-'-~':;';'ii-i._.;i.~,< . :f. :f.:+i:f."'~:ti:f.:f.:f.:f.:+i:f.:f.:+i ... ;f.;!;:f.:f. :f. ;f.;+;;f. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF KIMBERLY JO SWARNER. . Plaintiff . . VERSUS . . RONALD L. SWARNER, Defendant , . . . AND NOW, PEN NA. No. 01-3729 CIVIL TERM DECREE IN DIVORCE ~I... .t.#,- If) ,ZoG3 , IT IS ORDERED AND DECREED THAT Kimberly Jo Swarner , PLAINTIFF, . . . AND Ronald L. Swarner , 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; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :f.:+i:f.;+::f.:f.T:+iT:+i:f.:f.:f.;+::+i:f.TTTTT:+i:f.:+i~ The parties' Separation and Property Settlement, Aqreement dated June is incorporated herein. but not merqed. . . . . . . . . . . . . . '. . . . .. By THE COURT: /l (!~-L7 PROTHONOTARY ~ :f.'*' "''''''':fT.T'''''''''''''''''':+; "':+iT:+: :f.:f.:f. ~~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. , '?,) v 1[\ 11_ ~" '""~-'-' ' j;? -1/03 /.:2 'If '03 l, , _."". "., ~- '. ..~. ="~,'- .",..--".>-"=",,--~.,.~"-~~ C'~'~~ "'_"'~, . ~ r ''''''. 1~-.~ &;/~~~~ A?.eZ .; , L~ ~ -zf~, . ~ .",." ,"!ILl!iJ"il ~ '" ~~~AA1~_~"'l'iR'M!ii!'~~~~PJ'f!II~iI'~_,':"ff,;O;,,_,,_.,I8mf'!er~~_: ..-. - , .' -~". c '--")~.ll.~,~;-: ". ", SEPARATION AND PROPERTY SETTLEMENT AGREEMENT 'fJ'- THIS AGREEMENT, made this Lf day of J Ll on L , 2002, by and between KIMBERLY J. SWARNER, of 4205 Carlisle Road, Gardners, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Wife", AND RONALD L. SWARNER, of 4205 Carlisle Road, Gardners, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Husband", WITNESSETH: WHEREAS, Husband and Wife were married on March 30, 1985, in Gardners, Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous ofliving separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention 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 and to settle all financial and property rights between them; and --Page] of16-- " ~.I...."" ~- ""'~= .', .- .', WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made --Page 2 of 16-- , - , ,I';" , ~--, j~ ~M I ," '--"'4","~l>!iM'F"" .', subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any actio!). or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific pmpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all pmposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. --Page 3 of 16-- 1 .' ~ ~ ~ l _. - J_ '7""-''t01ir_<'" 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. ARTICLE III EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each part in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. --Page 4 of16-- l.'" - - 0__" --;,j, . " ~-"_~;;h .', 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 Personal PrODerfJ!. The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. The parties acknowledge that they have the cash, accounts, and other tangible or intangible property in their possession that they wish to have and neither party will make any claim whatsoever against the other party fer any items of personal property or assets that is in the other party's possession. 3.4 Life Insurance. Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other party. Each party shall have the right to borrow against, cash in policies, change beneficiaries, and exercise any other incidents of ownership of the respective policies free of any right or claim by the other party. Each party agrees to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the respective party who presently owns such policies. 3.5 Subsequentlv Acquired ProperfJ!. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. --Page 5 ofI6-- ~ . , J-. . [I ~ ,', 3.6 Pension. Retirement. Profit-Sharing. Wife agrees to waive, relinquish or transfer any and all of her right, title and interest she has or may have in her individual capacity or as Husband's Wife in any and all pension, retirement, profit-sharing, stock options or similar accounts with Husband's present employers or past employers of which Husband has secured independently. Husband agrees to waive, relinquish or transfer any and all of his right, title and interest he has or may have in his individual capacity or as Wife's Husband in any and all pension, retirement, profit-sharing, stock options or similar accounts with Wife's present employers or past employers of which Wife has secured independently. 3.7 Vehicles. The parties acknowledge that Wife has and shall retain sole and exclusive ownership and possession of a certain 2000 Chevrolet Blazer vehicle, which was originally titled in the parties' names jointly. Husband shall execute the title of the vehicle within fifteen (15) days of being requested to do so by Wife or Wife's legal counsel to Wife's name individually. Husband shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever relative to the aforesaid vehicle from the date of execution of this Agreement forward. The parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession of the parties' 1985 Chevrolet pickup truck, which was originally titled in Husband's name individually. Wife shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever relative to the aforesaid vehicle from the date of execution of this Agreement forward. --Page 60fI6-- ,. J , '"0-' ' 'Iiiml:l!.lflI,j~~, 3.8 Real Estate. The parties are the joint owners of real estate located at 4205 Carlisle Road, Gardners, Cumberland County, Pennsylvania. This property is encumbered with a mortgage due and owing to PSECU Credit Union, requiring a monthly payment of approximately $745.00, and a home equity loan due and owing to PSECU Credit Union, requiring a monthly payment of approximately $468.00. From the time of execution of this Agreement forward, Wife shall have exclusive possession of the aforesaid real estate. Wife shall be solely and exclusively responsible for making any and all payments and meeting any and all financial commitments due and owing under the aforesaid mortgage and home equity loan to PSECU Credit Union. Wife shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection activities of any nature whatsoever relative to the aforesaid mortgage and home equity loans. From the time of execution of this Agreement forward and upon the parties' compliance with all tenns of this Agreement, Husband waives and relinquishes any and all right, title and interestin the aforesaid real estate. Upon presentation to Husband through counsel of a special warranty, fee simple deed conveying all of his right, title and interest in the aforesaid property to Wife, Husband will execute that deed to be retained by Wife's counsel in escrow until such time as Wife makes the final mortgage and home equity payments or refinances the aforesaid mortgage and home equity loans to her name individually. Upon the final payment or the refinancing of the mortgage and home equity loan, thereby removing Husband's name as a responsible party on those loans, counsel for Wife shall immediately release the deed to Wife contemporaneously with the final payment or refinancing settlement so as to allow for the deed to be recorded in conjunction with the recording of the Wife's satisfied or refinanced mortgage. --Page 7 of 16-- "'" i I ~~ ,L , - ~ '~ . ~ - -. --~" <- ;, - -~"-'''-~)i 3.9 Intangible Personal Pro1Jeriy. The parties are joint owners of the following accounts: 1. PSECU checking account, with an approximate date of separation balance of $1,028.94 2. PSECU savings account, with an approximate date of separation balance of $14.14 3. PSECU Christmas account, with an approximate date of separation balance of $7.77 From the date of execution of this Agreement forward, Wife shall retain sole and exclusive ownership and possession of the aforesaid accounts. Husband agrees to sign any documents necessary to remove his name from the aforesaid accounts within fifteen (15) days of signing this Agreement. Husband shall make no claim of any nature whatsoever against Wife relative to the aforesaid financial accounts. The parties are the joint owners of a savings account with M&T Bank, with an approximate date of separation balance of $1,234.00. The parties agree to divide this equally, so that each receives $617.00, and sign any documents necessary to close this account. The parties have already transferred or waived rights and interest in other intangible personal property, including accounts not listed, Credit Union accounts and the like. Each party agrees to sign any documents necessary to close any other joint accounts not listed above within fifteen (15) days of signing this Agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to any other fmancial accounts not listed or other investments or intangible personal property that have already been retained by that party as described herein. --Page 8 of 16-- ~ "" " , .' ,',-,,"~. lIm:ur~-' ARTICLE IV DEBTS OF THE PARTIES 4.1 The parties acknowledge that they have outstanding debts and liabilities due and owing to the following accounts: 1. MBNA with an approximate date of separation balance of $4,000.00; 2. PSECU Visa with an approximate date of separation balance of $7,867.88; 3. PSECU personal loan with an approximate date of separation balance of $4,061.88; 4. Citifmancialloan with an approximate date of separation balance of $1 ,000.00; and 5. Orthodontist debt, with an approximate date of separation balance of $900.00. From the date of execution of this Agreement forward, Wife shall retain sole and exclusive responsibility and obligation for the repayment of the aforesaid debts. Wife shall indemnifY Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the aforesaid credit card and personal loan debt. 4.2 Each party represents to the other that except as is otherwise set forth in this Agreement, and more particularly as set forth in subparagraph 4.1 above, there are no major outstanding obligations of the parties; that since the separation neither party has contracted any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. --Page 9 ofI6-- . .. I, ......~ /i ~,;,.",." ARTICLE V ALIMONY. ALIMONY PENDENTE LITE. SPOUSAL SUPPORT AND MAINTENANCE 5.1 The parties a~ee and acknowledge that Husband shall pay the sum of SIX HUNDRED AND XX/100 ($600.00) DOLLARS per month to Wife as child support for the parties' children, Jared Daniel Swarner, born June 4, 1987, and Derek Anthony Swarner, born September 18, 1991, with the first payment to be mailed to Wife during the first week of May, 2002. The parties shall equally divide any uninsured medical expenses incurred for the children. 5.2 The parties herein acknowledge that except for provlSlons otherwise set forth in paragraph 5.1 above relative to child support, they have each secured and maintain a substantial and adequate fund with which to provide themselves sufficient resources to provide for their own comfort, maintenance and support in the station of life in which they are accustomed. Husband and Wife do hereby waive, release and give up any rights they may have, respectively against the other, for alimony, alimony pendente lite, spousal support or maintenance except as otherwise provided for herein. 5.3 Husband and Wife specifically waive, release and give up any rights for alimony, alimony pendente lite and spousal support pursuant to Chapter 37 of the Domestic relations Code. --Page 10 0/16-- . L. ,-- , " ,- --~ 1... ~w,"' ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advice qf Counsel. The parties acknowledge that they have had the opportunity to review the provisions of this Agreement and further have had the opportunity to secure legal counsel and advice relative to the legal effect to this Agreement. The parties acknowledge that they have either received independent legal advice from counsel of their own selection or that they have specifically chosen with full knowledge and on their on volition, to not seek legal advice relative to this Agreement. They further acknowledge that they fully understand the facts that are the basis of this Agreement. They acknowledge and accept that this Agreement is being entered into freely and voluntarily after having the opportunity to receive legal advice and within the knowledge that execution of this Agreement is not the result of any duress or undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, 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 whatever 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 as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take --Page 11 of 16-- 1; ff11il - < < " ~".," ~..~. it.' L.. i" '",'4i'''''__'<'L',''' 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, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, 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 thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not 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 thereof. 6.3 Warranties. Each party represents that they have 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 or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, 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 is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. --Page 12 ofI6-- .,~ ,. ~< 1'1 "+<\"""'itl~'~:M' , ' 6.4 No waiver or modification of any of the tenus of this Agreement 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. 6.5 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the tenus of this Agreement. 6.6 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date ofthe execution of this Agreement. 6.7 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.8 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. --Page 13 0[16-- I ...... ".- 6.9 Severability. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.10 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.11 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. 6.12 Enforceability and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The --Page 14 of 16-- , ~1i~llIpliiWijl$h'j; ":i!jl- .-~~ ,~ '~ ~ ~.~"I ~ h: L - i l' L ~"'""\'!\I'll(.,i",,,,,,,,,,,'. . . adequacy of the consideration for all agreements herein contained in stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year fIrst above written. WITNESSED BY: ~A'"",:",,<!:/ .;;/.~~~__) ~/~~ Date cL' ~ ~- '-r/"""'.-A ...I ,,~,f --t::.l H.,dZ, Date --Page 15 of 16-- e_~__ ~~, "'" "< ~.,.J ..,.;~'ill~:0_:O. : COMMONWEALTH OF PENNSYL VANIA COUNTYOF (!Uf/ll~~I'lA/P On this 1- day of ;:TUll/e , 2002, before me, the undersigned officer, personally appeared Kimberly 1. Swarner, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand an NOTARIAL SEAL Dwight A, Sollenberger, Notary Public ., Chamber~burg. Franklin County , 'CnmmtSSlon E'xoires Feb, 21, 2006 .,.-.....,."'''-.-......-.....- COMMONWEALTH OF PENNSYLVANIA COUNTY OF (' lJN;e;(J..,r;A/j;) On this 1 day of fTl/ /lie , 2002, before me, the undersigned officer, personally appeared Ronald L. Swamer, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same fOF the purpose therein contained. NOTARIAL SEAL Dwight A, Sollenberger, Notary Public Chambersburg, Franklin County MOl Cnmmission Expires Feb, 21, 2006 --Page 16 of16-- ,--.-I'!i~ -;;2"a_~""-'Jg{ci'i"'~",~J!"~,,,.,'iliSWdiitli'" l:JJiIl;l7-h ,~, ,..""",.,~ .~ ., = ~, ,~~ =-!bi.J_'l.jrt_ltJ\-~:':F_~"";"'-""'~iji!iifletiH. -~- _.,~~=- ~~, ..~ 0 ~'~~ c: .t.,~.'! 0 JjJ\::; 1:1- {::-:) --, .'"7~1 ;"1 '""::>'" ~-~ y C) rtl-;JJ 2r'" 1 Cf) 1~';. - ~}s9 r-.~r~ ;:::-.- '-n ::i() ~c' -'.,-, ;~r; :H "'-c' ;~~') )> j ~ C '-)10 Z 0::/ :< N ~ -< -:.-' 2S" o .,;," ~ -." " ~ ~ " , ~.. - '-J' , ,,--,- -,- ... KIMBERLY JO SWARNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW RONALD L. SWARNER, Defendant : NO. 01-3729 : IN DIVORCE CIVIL TERM 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: Irretrie'/able Breakde"':B under ~33Ql(e) 3301(d)(l) of the Divorce Code, (Strike out inapplicable section). 2. Date and manner of service of the Complaint: by certified mail, restricted delivery on July 3, 2001. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by ~3301 (c) of the Divorce Code: by Plaintiff: by Defendant: (b) (I) Date of execution of the affidavit required by ~3301 (d) of the Divorce Code: August 18,2003 (2) Date of filing and service of the plaintiffs affidavit upon the respondent: Filing Date: September 3, 2003 Service Date: September 6, 2003 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: CertifiedlRestricted Delivery; Service Made On: October 30, 2003 (b) Date of plaintiffs Waiver of Notice III ~3301 (c) Divorce was filed with the Prothonotary: Date defendant's Waiver of Notice III ~3301 (c) Divorce was filed with the Prothonotary: (- s, Esquire GRIFFIE SSOCIATES Attorney for Plaintiff r "" -= ",' ~, , 0 '!4,m-_",'- , - - \ KIMBERLY 1. SWARNER , Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v, : CIVIL ACTION - LAW RONALD L. SWARNER , Defendant : NO. 01-3729 : IN DIVORCE CIVIL TERM NOTICE TO REQUEST THE ENTRY OF &3301(d) DIVORCE DECREE TO: RONALD L. SWARNER, Defendant 17 Winchester Gardens Carlisle, PA 17013 You have been sued in an action for divorce. You have failed to answer the complaint or file a counter affidavit to the S330l(d) affidavit. Therefore, on or after November 17, 2003, the other party can request the court to enter a final Decree in Divorce, If you do not file with the Prothonotary of the court an Answer with your signature notarized or verified or a counter affidavit by the above date, the court can enter a final decree in divorce. A counter affidavit which you may file the Prothonotary of the court is attached to this Notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB 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 Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 iil~\il~~;Wi~\'1fl;~ill;r.0!i&t;"~~i.;:;:j;r1:nih-_"'i","'i'''EA:''}/''~'""~;"".=;',v;,c;',' ",,,,.,."" ,~~,."' - .~ ".~ ~~ "'y,',", "'.,,,>;0;"":'''"0'' ,~t,_",';;:PiJ;~M)1l!~iI1~""AM~';&.1>;_:",!!\di;~'iffi,,",\.M;~\>f~~-im~'-~ ~" '--"6' ! i ~ n e:;, 0 c: w -n :c:: <::) .",i "OeD ,......: 1- _~ m'rri n fT:;~l z-" <T~rn zf' 1 _~1q ~~c .~ '::;g ~e} "'C, ..,' -\ )--n ~D ;:x: r')";;:;- '-"7t..) ;t:;2 V! orn Z ~ :.:!. .>J f'v -< cS C'o ,-'-,< - -L', ~_ ,n'__",' _"<'--' _."'"" _,_.__~ ~,,,"'_,~,_,--,:, ,_'~' __"~>;! KIMBERLY JO SWARNER, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.OI-37.;?9 CIVIL TERM RONALD L. SWARNER, Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defendant 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 will proceed without and a decree in divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 .; "' ~ - ,__, c.,-h - '~_" .,~"" '-M '.',__"'_,-j,,."_,,_;;;,:,",,,,,-,"., "" ~"1'; '. KIMBERLY JO SWARNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. {)f- 3'7J9CIVIL TERM RONALD L. SWARNER, Defendant : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Kimberly 10 Swarner, an adult individual currently residing at 4205 Carlisle Road, Gardners, Cumberland County, Pennsylvania. Plaintiff has resided at this address for approximately ten years. 2. Defendant is Ronald L. Swarner, an adult individual currently residing at 4205 Carlisle Road, Gardners, Cumberland County, Pennsylvania. Defendant has resided at this address for approximately ten years. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on March 30, 1985, in Gardners, Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Unites States Anned Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. , . " . . ,.,--,-:- .,-,.,,"-. ' ',<,,--,- , 'j--'-,~. '~~j_"~.ri:; '. 10. Plaintiff desires a divorce based upon the belief that Defendant wilI, ninety days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce pursuant to Section 3301(c) of the Domestic Relations Code. Respectfully submitted, GRIFFlli & ASSOCIATES -~~ Attorney t1 laintiff 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 " ~ , ~ -, '." 'q,,-,- ,.--'.- -'-,' ;^', -~--<-",." ",,' .,.,'_ '-,','"'" -;<.'_'.,'i':-" , " 1.-,---0 3ii~~ .. I vemy that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: tv I/~/o I ~~~~ :]j_~ifiiji!:i-,.Jitaj_.:~~fi,*~gllm~~~~-.?!l)ffilti,:.~ ~'I!gij-~~lln!lllitlt&rL~._&r'" .. ~~, ~ -=- ~- -~" -'~ -~,' ,~," ~.-. ~ -~. ".. ~. "< "''''J I .;.;.'W-..~ ...,-.'-- .......,iI'r~ ,~ 0 c:! c: ~ \-) ~: <- -oc: c:: ~ ~~~~- :.;:";: ~ -- ~ --- (:;J a \./') ~ ~~Z_: ~ -- ;-"1 i;C) ~"""'t) C> '8, g ,-- ~.~. -I;:> ~ -"., ~ -J d ZU __0 '"'" ~ J:>C ~ ~ ."oJ -v (,) ~ ? ~ 5:- V- >-- '" V> ~ ,~ .. ,~ -> ',-' --. I ; I -'~ .. ~-- " ,--\ .~.::: ?2\f'l~' -~ ::-g ~ c;s ~ ~ ,. \ ~~ " i ~ - " ~ .'C'. KIMBERLY 1. SWARNER, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW RONALD L. SWARNER, Defendant : NO. 01-3729 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under S3301 (c) of the Divorce Code was filed on June 18,2001, and served on June 23, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. S4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: ~ 8', BOOJ, ~~ E . ARNER, Plaintiff ,:,"_~~~,JHj,'%~~.ilii:ll1J;f.i!\,ifiW,';'_iJl''R.;j*;~~i!wrii4biW'~&rl~...;MtI$~'~K.. ;, )< ~/"'1" _"""'" ~ ~~~ ~ ~"~ H ,~, ~ ~'ili\illid'~ ...~,-."","I . ~~~'<f' """'",~ [} -,,;t mCO ;::: r;-, ~::r, 0,:;- _ft(:~. i?f (~;., !;: <' ....."'J .~' -' f,J ~ ~ !1? .::iE -:;" ';)_"h J'';:::: _0CJ1 A"? ~~:]' \"J ,7:;~ ::ti '~..J ...",',1 ';""c5 ()t'h !j "" - '-0 S;J ~ "'" cs r(j '" ~. _u ~ 1 ~ ,,, . 1,-' ~ .1"-'-,' 'c . 0 .'1 .,: '~.' -.loT'L,ti_ KIMBERLY J. SWARNER, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW RONALD 1. SWARNER, Defendant : NO. 01-3729 CIVIL TERM : IN DIVORCE W AIVlj:R OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. 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. 3. I understand that I will not be divorce 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 files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: -If ~1 ~,QOO? , &~~ ;~,~ _L~". ,__~"", -"~ ~ -~ /& f} "'t1,~ ~fI fJ)p, ~,- fffs~::' -Q f.-:"/;:" ~::;;"" ff:~ ((~' s,",.' .,..:"~ ::J , !-v 0' Vi 1 _ -'_~ ,~ ,~_O_ ~_ " :;;; ,S:, i'=::i: 'i? -"'J! ....~i ::--1 ,)' (7"'~ - "'" -pf.n ~1 C;) 'Fit.) (~) it .?""'f) ,C5r'q i;.' ~ - '-0 :"'0 "- .;::, fJ"; <{S <0 " " . ,'- ~/ " ~--- - -~,' ,,~- -,-- ',,',j,._-, ~ ,-' ~ " ~ --, ".;i, :'''';';:'\'{.;''"'_:;-" . 'LM - -, iL~~_i /" , / KIMBERLY J. SWARNER, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CNIL ACTION - LAW RONALD 1. SWARNER, Defendant : NO. 01-3729 : IN DIVORCE CIVIL TERM NOTICE If you wish to deny any of the statements set forth in the attached affidavit, you must file a counter-affidavit within twenty days after this Affidavit has been served on you or the statements wi!! be admitted. AFFIDAVIT UNDER ~3301(d) OF THE DIVORCE CODE 1. The parties to this action separated since June 5, 2001, and have continued to live separate and apart since that time. 2. The marriage is irretrievable broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: 8' /1t/05 ~.A./UI)_ ERL Y J. ~ER, Plaintiff " r~JIi~~~~~!ilii.:ii~r~l~~~~~@lli~~~,~i~~~~ .'..0 "'"''''''.........- --'~]mi.I!-- E'Jlk;. """""'-"",,,,,,~_, ,._~_ . ~, -,~-;.~" ,- .~'.,," ,,~~ ~~ ,,'0,,'- -, ;..~'- tiIii " ~ ..d.,~,;::,~"'----<~kWJr' . ",," ---"'1 0 CJ 0 ~ C t..<.) ., s: :.-" -0(,') ;>1 \f'I mrr, --0 Z:J ' '"" --b ~~ ; ,:;::::1 ~ r'" -:; (") c:.:-C. . ~ ..l'- . 2r'~ ~~ or' " "'~: -Tl L-', ~;,:!.(") ~ )i 2:: N ~~cn ~ z ~n ;~: --' -< (T> ~ "" -< ;, <")c'J-- G K" -""'W!'IJj'" . " ~ ,-', ~- '~ . .,J"._, . -. - '- ~ .:" ., . --n-l1~~,f_:;_ KIMB:mtl- Y JO SWARNER, \ Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. RONALD L. SWARNER, Defendant, CIVIL ACTION - LAW : NO. 01-3729 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 3'" day of July, 2{)01, comes Marylou Matas, Esquire, Attorney for Plaintiff, and states that she mailed a certified and true clopy of a Complaint in Divorce to the Defendant, Ronald L. Swarner, at his address .of 4205 Carlisle Road, Gardners, Pennsylvania, by certified mail, restricted delivery, return ~eceipt requested. A copy of said receipt is attached hereto indicating service was made an June 23, 2001. Mary~;j~ Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 170 I3 (717) 243-5551 Sworn and subscribed to before me this 3 ~ dayof M ,2001. .~~&~ NOTARY LIe Notarial Seal Robin J. Glillhom, Notary Public Carlisle BOrQ; Cumberland County My Commission Expll'8s Apr. 17, 2003 . Complete items 1, 2, and.,3, Also complete item 4 if Restricte.d Delivery is desired. . Print your name and address on the reverse SO that we can retum the. card to you. . Attach 1his card to the back of 1hs,mailpiecs, or on tne front (f space permits. t. Article Addressed to: . -;?maJd. t.S0arttc.r 1-/905 (JvJ/5k .;2;aL G~5; fl,q. 1733'-/ 3. Service Type ~ Certified Mail ICr Registered o Insured Mall 4. Restricted Delivery? (Extra Fee) 2. Article N1!/(B~py!XftWiC~!:ft~ I S~~:O, ()7$ PS Form 381 t, July 1999 DomestiC:Aetum Receipt .1.......... : ,.t'.'.{ 102595-00.M.Q9S2 -'. ( ",r . - '. .-, , -,- ,'" . . ." ," - '" ~. "' " - ;;':,-~-,;" ' "~ - ~ "~ ",'-' 0--",",-"",:;'< C>\:,\"_' .~-"".-,-' ,. .-" .~ KlMBERL Y 1. SWARNER, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW RONALD 1. SWARNER, Defendant : NO. 01-3729 : IN DIVORCE CIVIL TERM AFFIDAVIT OF SERVICE AND NOW, this I 0 day of September, 2003, comes Marylou Matas, Esquire, counsel of record for Plaintiff, Kimberly J. Swarner, and states that a true and attested copy of an Affidavit Under S3301(d) of the Divorce Code and a Counter Affidavit Under S3301(d) of the Divorce Code dated August 18, 2003, were forwarded to Defendant, Ronald 1. Swarner, at 17 Winchester Gardens, Carlisle, PA 17013, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on September 6, 2003. DATE: 9) 10) fl7-; ! I tas, Esquire ' Attorney Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 Sworn and subscribe betl e this of ~M ~~" ..J. ~'k' ~~"- - 0" - !, ."'...""'''''"ll"llli'''''.,..... ~'~]1;" ,." t:I t:I t!J t:I ... L.n I'1J Postage t:I '" ,." "- JJ "- "'" "'" Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) SltJr:J'~;:1> lOU~ Slliif" ... ;) , ... t:I t:I l"- I ~.:;u ""'plete"-Items 1, "2. an'Ci -3.' "AJs'O~'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 mailpiece, or on the front if space permits. t;;i;sL. 5warfJer /1 WmolAl-5Y<<{;drdN1J ()rJtSLR I PA- /7()J'j 3. ' S,yce Type )2fCertified Mail o Registered o Insured Mail o Express Mail ~eturn Receipt for M DC,Q,D, 4. Restricted Delivery? (Extra Fee) 2. ArtIele,Numl:Jer;; -;; ',," 'i'9' ' ". , (T~.'rroin~.i1vicJo.beJ):7ilJbiJ ii,L5J[; i ~l PS I'oiTn $~ 11 , August 2001 Domestic Return Receipt Wi7t.P 7Ff8'O 102595-01--M.:o3$-1 '!~'i<1""";J-">...~~"",,,,,,",,",,"~,~ _~~~=~. ~~~ - -Li _.~ - ..~ , If.iBoliali .It ",~~",".,~"",,,,,,,,,,,,,, , KlMBERL Y J. SWARNER . , Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA v. CIVIL ACTION - LAW RONALD L. SWARNER , Defendant : NO. 01-3729 : IN DIVORCE CIVIL TERM NOTICE If you wish to deny any of the statements set forth in the atta.ched affidavit, you must fik 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. C" 0 o W ."" c s" Ul _.-0 The parties to this action separated since June 5, 2001, and have co~he/f3 Iive,~ :::;;p" \ ''--::'.," en ;''': .,,- "- ~,~~:. () :-.:: .- .,./.- -,.:. ~~; :'~,~7' :,J"""';...:c, )-:'. ...~_ '_r1 ::.-;. :~ (P -<... separate and apart since that time. 2. The marriage is irretrievable broken. 3. , ., 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 the foregoing document 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 falsifications to authorities. DATE: ~ I!~/O? ~1~~~J?IAJ?PL Ell Y J. ~R, Plaintiff ,,"' . ~ L ~""'""""..~"',~ . j "~ !i!\;~"""~ ~>........~~,-,,,,,,,,_"',;tii~,,,,d , KlMBERL Y J. SWARNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW RONALD 1. SWARNER, Defendant : NO. 01-3729 : IN DIVORCE CIVIL TERM COUNTER AFFIDAVIT UNDER &3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry ofa divorce decree. (b) I oppose the entry ofa divorce decree because (Check.either (i), (ii), or both) (i) The parties to the action have not lived separate an apart for a period of at least two (2) 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 rightsconceming alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted, (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! 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 the foregoing document 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 falsifications to authorities. DATE: RONALD 1. SWARNER, 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. iJ_"~~~~~~llWm),ms-;,,@i!;i,"'&l"$-,;):r" -,',,'-""-' ",-k':i,~;.:::~~Jtr--" - ,~"~....".l'"--.]4:U~_Lrni!illL'imi~lir""",,-~~j CJ) ~ ;- ~ -4'. N " ;y '" ':- () (.N o f.'; vi"F, n;,c;- ~.... ~ ' ~ , [ff~ r---.-.' ~:-: '- . = ~~ ~~~<, ~(= 2: =< c~' <:6 ,,-, ,.,.. N ',. tiJrt'" = ~;.,-; , I~/- " ,.") 'q () -':'1 . ),0 , ',-.:-:,_~~ -;~:,o:;;. <;-" -~., ;';-.:,;;" ~.~::;::-:~>L:;:~;0;i-:.;i-,-'- ' ',,' '," ,;~':! '/'-"':-'''';;11 KIMBERLY 1. SWARNER, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW RONALD 1. SWARNER, Defendant : NO. 01-3729 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this ~ day of November, 2003, comes Marylou Matas, Esquire, counsel of record for Plaintiff, Kimberly J. Swarner, and states that a copy of a Notice of Intention to Request the Entry of a Decree in Divorce, was forwarded to Ronald 1. Swarner, at 17 Winchester Gardens, Carlisle, PA 17013, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on October 30,2003. tas, Esq . e Attorney Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribe before me this of to day 2003 4 ~] $ 1:, 0' ., ,'-<' ',."--",,,.:l,k'_'d'_"":',-:; . hfpr~te i"ilIs',' ,'aiJds, Also coli\'Pfirte' ... ill!rn 4ij Restrictep Delivery Is desired. . '-~l'It YOlJr .name _and address on the reverse . that we can return the card to you. . Attach this card to the back of the mail piece, Qr on the front if space permits. 1. Amcle Addressed to: ~\d L_~ \., ~""chL~ G~~ ~'\~pf\ \iOD 2. Article Num~er.- , : - , (ilhmsref rrj~;"Mr;ela6eQ. 1C:1::>J .~. 1t;,_su0iij 0; ~:Is delivery address different from item 11 If YES, enter delivery address below: 3. Service Type -Itt9ertlfi6d Mail o Registered o Insured Mail o Express Mail !l.13etum Receipt for Merchandise 00,0,0, 4. Restricted Delivery?- (Extra Fee) Yes .9 Q';:ioL.. .~tp'Z..q",~% am~.Fletum Receipt 1e2595-01~_ ')- -':I-~. -, ;,':'(", 'ill; '~,='-- ,,~'-';. '1~~liii'~:WI1i!jitJjJ'---~!1W,~N'4~~'j--"""i~ . ;1';-]~r-" ""'d'-"'~~'~'''''''''''';o,,;i-<- '"",,,;""";~'C uP\f' " ~,,~' ,'";c-' ""-.-" '~-_ (') C r C c... '..-' " ~ :t"~ -OW C' !:2'" :t' ~, ., zr" 1 en'" J -("'-::; ~e - ~o >8 ~~) ..::, ~-;:: ~ ".J )>' C'" :.lJ ," -<:: .[s <:'0 ~. 0 ~ c..:> :;;e .~ -U Q} <::.> '.X--r'! fl;lft', ..c::: n1p; Z.':' I '~~t!j zc ~::~ .r. 'Jb ,<-c'] -cJ ;;S:t:: ~c :;:-l!: ~~....-O 5>8 r:? om -, z N 55 ::? Q "< -:if"'''''''''' .". ,_" ,,",'" _ 'C, =~~., < _~__",__F,""",._"""f__"-'"._~.,-" ,,"- ,-.'''<..,---,, '''' _,_"~~"",, ,,," , ,"''<_', 0', '~ -" ' ,'_< ~""~""-=C~ ,.' ,~ ~