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HomeMy WebLinkAbout01-05496....... .._.,,..._,. . ~.~. _ ~..L_.. ,~_u,,._ a w+.~+.n'"' - - ~., ..:0.3:. ~.::A.~-.~...-.0.,...V..~.~.:::.~a.V .-.Yr. `,+•.~"J.. :~ ~ ~?,. ~•M"x0 •:..~: a. :~.:: ~ ~..i3?+..~$'PY~d'#g~n::31i~ ~5. ~~..:: ~'.!:.C~"_a'~„a¢s,., 'I 6 i i s :± i .. 7C 01-5496 N o..... --..._......r .. ..................x~ DECREE IN DIVORCE ~ S;Z'~I AND NOW, ~~•~~ °• ...... .... ~.... , xp~t, zoos, , it is ordered and decreed that ..Ricnelle w. ger ........................... .. plaintiff, and .Michael,D,., Sweger,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 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; ,,,, All claims ,settled ,per Marital,S@~~lemex}K,Qgr~emQmC.dated.NvYeml?eT.21, .24Q1........~ ................................................................ J ~,: ~A.: i!6 ~~ e r O a i ~• ~nsx#~wr bar dk-ezn'~w~n~:u~4aeu~w.tla.asr~e .~+ssa ~vter,.ds.'.imal.~asu - "'IM'f~~'_ _ __ t ~i7 r' i ` RICHELLE W. SWEGER, Plaintiff v. MICHAEL D. SWEGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5496 Civil Term Civil Action - In Divorce PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Personal service on September 26, 2001. Acceptance of Service filed October 3, 2001. 3. Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff December 28, 2001; the Defendant December 27, 2001. Both filed herewith. 4. Related claims pending: None. All related claims resolved pursuant to Matrimonial Settlement Agreement, dated November 21, 2001, attached hereto. 5. Date of Plaintiffs Waiver of Notice in §3301 (c) Divorce was filed with Prothonotary: Filed herewith. Date Defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Filed herewith. il. ., n Mark K. Emery Supreme Court I.D. #72781 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff , MARITAL SETTtVEME1~1T' AGREEMENT s1" This Marit/al Settlement Agreement made and entered into this ~ ~ day of ~ ~/ 2001, by and between Richelle Wilson Sweeer, ("Wife") residing at PO Box 1146. 111 N Hanover Street Ant 3F Carlisle PA 17013 and Michael David Sweeer_ ("Husband") residing at PO Box 260. 33 Hollow Road Millerstown PA 17062 WHEREAS, Husband and Wife were married to each other on March 25, 1994, at Millerstown PA WHEREAS, a permanent breakdown of the marriage has arisen between Husband and Wife and we are now living separate and apart from each other; and WHEREAS, it is the desire and intentions of the parties to settle by agreement all of their marital affairs with respect to property, and financial matters. NOW, THEREFORE, in consideration of the premises and the mutual promises and undertakings herein contained, and for other good and valuable consideration, the parties hereto hereby agree to the following: I. SEPARATION. The parties agree to permanently live sepazate and apart from the other party, free from any control, restraint, or interference, direct or indirect, by the other party, and in all respects to live as if he or she were sole and unmarried. II. DIVISION OF PROPERTY. Husband transfers to Wife as her sole and separate property the following: All items that are being stored at the former marital home that have been placed in the computer room. See Attached List. Three George Losch prints and all possessions that were acquired before the marriage, and items that have already been equally divided. 2. Wife transfers to Husband as his sole and sepazate property the following: Three George Losch prints and all ossessions that were ac uired before the marria e. III. DIVISION OF DEBTS: Husband shall pay the following debts and will not at any time hold Wife responsible for them, and shall indemnify Wife from any liability on same: First USA Visa credit card past and future charges. ~~ ~~ c~ e, PSECU loan for 1994 Toyota 4ltunner ` ' 2. Wife shall pay the following debts and will not at any time hold Husband responsible for them, and shall indemnify Husband from any liability on same: PSECU credit card past and future chaz es ^Subaru America loan for 2000 Subaru Legacy Wagon IV. DISTRIBUTION TO WIFE 1. Lump sum payment. The parties hereby agree that in full payment of any claims or rights to alimony, spousal support, or maintenance the Husband_ shall pay to _Wife~ the sum of $_10.000_, which shall be payable on or before December 1. ~, 2001. VII. NECESSARY DOCUMENTS. The parties agree to execute and deliver within 30 days to the other party any documents that maybe reasonably required to accomplishing the intention of this instrument and shall do all other necessary things to this end. VIII. INCOME TAX. The parties agree to file a joint income tax return for the year 2001_. In the event that there is a credit of any tax payment the Husband_ shall pay the _Wife ''/z_of any tax payments. In the event any tax penalty or payment is due, the party responsible for such payment is solely responsible, and shall indemnify and hold harmless the other from any and all liability for tax yeazs commencing 2001 and thereafter. As to all joint filings for years 2001 or prior, each party represents and warrants to the other that each has provided true and accurate information concerning all income from all sources, all deductions and legitimate business expenses and that, ~I to the best of the knowledge of each, all such tax returns have been true, correct and accurate. In ', the event the Internal Revenue Service or any other taxing agency shall examine or audit such returns and shall determine there was or has been a failure to state income or a disallowance of claimed deductions, the person who failed to disclose such income or who inaccurately or incorrectly claimed such deductions shall bear sole responsibility for the payment of assessed ~~ ~~ 1' and shag inderrinify and save the other party h~aanles~of and from any and all claims, demands, suits, actions or causes of action, costs and expenses, (including reasonable attorney's fees), to which such person or party may become exposed or liable by reason of such additional taxes, penalties, interest or the like. IX. SUBSEQUENT DISSOLUTION OF MARRIAGE. Wife has filed an action in the Court of Common Pleas, Cumberland County, Pennsylvania at Docket No. 01-5496. The parties agree to take all legal steps (including the timely and prompt submission of all documents and the taking of all actions) necessary to assure that a divorce pursuant to 23 Pa. C.S.A. 3301 of the Divorce Code is entered as soon as possible. This Agreement and any ancillary or supplemental agreements shall be incorporated by reference but not merged into the proposed Divorce Decree presented to the Court. X. REPRESENTATION. The parties represent to each other: (A) Each had the right to independent counsel. Each party fully understands their legal rights and each is signing this Agreement freely and voluntarily, intending to be bound by it. (B) Each has made a full disclosure to the other of his or her current financial condition. (C) Each understands and agrees that this Agreement is intended to be the full and entire contract of the parties. (D) Each agrees that this Agreement and each provision of it is expressly made biding upon the heirs, assigns, executors, administrators, successors in interest and representatives of each party. XI. CHANGE OF NAME. The parties agree that the Wife may have her name changed or restored to: Richelle Wilson XII. WAIVER OF BREACH. ~~ No waiver of any breach by any party~of the terms of this Agreement shall be deemed a waiver of any subsequent breach. XIII. ENFORCEMENT OF AGREEMENT. Both parties agree that the Court granting the divorce, at the request of either party; insert in the Final Judgment a reservation of jurisdiction for the purpose of compelling either party to perform this Agreement, or any part thereof. The prevailing party shall be entitled to attorney's fees in connection with such proceedings. XIV. GOVERNING LAW. This Agreement shall be interpreted and governed by the laws of the State of Pennsylvania_ XV. FULL DISCLOSURE Each party asserts that she or he has fully and completely disclosed all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them; of all debts and encumbrances incurred in any manner whatsoever by each of them; of all sources and amounts of income received or receivable by each party; and of every other fact relating in any way to the subject matter or this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. Each party further represents and warrants that there are no undisclosed debts or obligations for which the other party may be liable, and each party shall indemnify and hold harmless the other party from any such liabilities, including attorneys' fees and costs. XVI. MEDICAL/f-IEALTH INSURANCE Each party shall be responsible for their own medicaUhealth insurance and the maintenance thereof, if any. t. c , IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Sealed and delivered in the presence o£ ~,~Y~ COMMONWEALTH OF PENNSYLVANIA * ss. COUNTY OF PERRY S; On this, the al day of ~ofEm8F2. A.D., 2001, before me, the undersigned officer, personally appeared Michael D. Sweger and Richelle W. Sweger ,known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. t.1UTARIAL SEAL 56 KAY CAMPBELL, Notary Public d 8oro, Perry County ~!'Ctxion Expires October E6, 2(N)~ _ .rte °:ic8 ~ Y•YF1~iB51fldhi'aR71i Y.'L~~AtF._e,2waxx%eA ..E. "a1-~. ~ 1aR+a4 s-:-~-~.sL~£Y. '~ _ t P C i ~-~ _ J~~ ~}T.~ ' ?"~ ' i!? ._ ~l_;. .mow t_)tl ~L_ r+i ~~'~~-~ ti}j -~ t~ RICHELLE W. SWEGER, plaintiff v. MICHAEL D. SWEGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ,~.{ 9l. NO.UI~ Civil Term Civil Action - In Divorce NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any claim of 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 grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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 RICHELLE W. SWEGER, Plaintiff v. MICHAEL D. SWEGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLrLA,ND COUNTY, PENNSYLVANIA O1 ~ 5441 NO. Civil Term Civil Action - In Divorce NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN NAMED DEFENDANT: You have been named as the Defendant in a divorce. proceeding filed in the Court of Common Pleas of Cumberland County, Pennsylvania. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, as amended, you may request that the Court require you and your spouse to attend marriage counseling prior to a Divorce Decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling services are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this Notice. Failure to r do so will constitute a waiver of your right to request counseling. RICHELLE W. SWEGER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. roil Term ~,-54~~ MICHAEL D. SWEGER, Defendant :Civil Action - In Divorce COMPLAINT COUNT I -Divorce 23 Pa. C.S.A. §3301(c) 1. Plaintiff Richelle W. Sweger, is an adult individual residing at 111 North Hanover Street, Apt. 3F, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Michael D. Sweger, is an adult individual residing at 33 Hollow Road, Millerstown, Perry County, Pennsylvania 17062. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania and have resided therein for a period in excess of six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on March 25, 1994 in Cumberland County, Pennsylvania. 5. Plaintiff avers that the ground upon which this action is based is that the marriage is irretrievably broken. 6. There have been no prior actions of divorce between the parties in this or any otherjurisdiction. 7. The Defendant is not a member of the Armed Services of the United States of America. .f 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 10. Plaintiff avers that there are no children born of this marriage. WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. BY: ~~%~`~~~ Mark K. mery Supreme Court LD. #72787 5115 East Trindle Road Mechanicsburg, PA 17050 (717)691-5400 Attorney for Plaintiff DATED: `~'• / y o ~ 2 a~., - .r VERIFICATION I, Richelle W. Sweger, have read the foregoing Complaint and hereby certify that the facts set forth are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. Const. Stat. Ann. §4904 relating to unsworn falsification to authorities. ichelle . Sweg DATED: ~- (~' -OI ~: __ _ _ ,~ t ~ =+4+.~73a+~~kt+n~'°'~dStix~.~k~.i?~%~n'~c s , a~,v; .SiF~ F.~`I _ . i~ ,~ ( ~ .~ a~ ~ 0 U ~ ,~ ~ `~ ~ C. ~ ~ [~ ~} ~„a ~._ _.i ~'! (rtl h. ~ ` r '17 -.: ~ __ C ~ , ~ ~ ,, r'_~ l_ C:r ..._ -. -... ~ _ ..- RICHELLE W. SWEGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-5496 Civil Term MICHAEL D. SWEGER, Defendant :Civil Action - In Divorce ACCEPTANCE OF SERVICE I, Michael D. Sweger, Defendant in the above-captioned matter, hereby accept service of the Complaint in Divorce in full satisfaction of the Pennsylvania Rules of Civil Procedure. Date: ~_ d ~ _o 9 rJ Mic el D. S ger _s NAi4ikLd+~E3"-'~3f.'YlY3+Y_.Rk ~~?xWez"'d Y 'RR~h a• _~ Yet., -~=' c .~ ':r _~ RICHELLE W. SWEGER, Plaintiff v. MICHAEL D. SWEGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANfA NO. 01-5496 Civil Term Civil Action - In Divorce PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 20, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. {further understand that the Court maintains a {ist of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I 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.A. Section 4904, relating to unsworn falsification to authorities. DATE: /~. ag a00/ ~ Ric elle W. Swegei e.. ~:: .. _.:. .:. n:. .~ ~-~ c. -:~ c~ ? , W ~ ; ~~ I.. y .._ - ra -,- r. C J i-' - ~_ ~J J :~ G ^„J `3J ~~ "` ~ ~ RICHELLE W. SWEGER, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-5496 Civil Term MICHAEL D. SWEGER, Defendant :Civil Action - In Divorce iNA1VER eiF nit~TICE OF iNTEiVTION TO RCQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 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.A. Section 4904, relating to unsworn falsification to authorities. ~C,~O ,~ Richelle W. SwegeF d.,....; n fU' - ~ r-p : , .. ~~ t~ Cri ~~ _ Yi _ TJ - '+J .1 ;.: -~. -~~~ _ -' ~~ ~`, ° Cffi RICHELLE W. SWEGER, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-5496 Civil Term MICHAEL D. SWEGER, Defendant :Civil Action - In Divorce DEFENDANT'S AFFIDAVIT OF CONSENT AND 91NAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 20, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling, and understand what I ...ay re4Uest that the-Court require that my spouse ar~d i participate in counseling. I further understand that the Court maintains a list of marriage counselors in the prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. r ~. ,~ ' y M 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.A. Section 4904, relating to unsworn falsification to authorities. ~.--, ~~ / / ~, DATE: /1~J// '%' Michael D. Sweger ~R~x Chi s> vT%t -+3f-.3`Y.P, t._. ' e .y C7 e~ ,_ ~ c:: .~w '~cz; - ~'»r._ - - r_ ~ '- ._ F. -~ ~ • ~~~ n . •. J' ~ °~ \Li -< ~+ ti 4 RICHELLE W. SWEGER, Plaintiff v. MICHAEL D. SWEGER, Defendant ' ~. A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5496 Civil Term Civil Action - In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. l understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ,, f ~ , „ r Michael D. Sweger 4 ,~ X w~ ~9 L~ ~.~ `i °a ~M - rri~ r~ t.. ~'t_. •~ ~~ :,J 'J7 IN THE COURT OF COMMON PLEl~im OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW RICHELLE W. SWEGER Plaintiff ; v. , MICHA$L D. SWEGER Dzfendant NO. 5496 CIVIL 2001 ACTION IN DIWR(~ NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter, having been granted a Final Decree in divorce from the bonds of matrimony on the day of %~ 2002, hereby elects to retake and hereafter use her previous name of Riche COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~~~ ~~ - (Sic~g-iature - ma .ied ~i~ j - Ric~e~ W. Swegerl~ ~, XI/n 7 .t!' (Signature - to be known as! Richelle rdilson ss. On the ~,a,Z~day of January ~ 2002 , before, a Notary Public, personally appeared Richelle W Sweger known to me to be the person whose name is subscribed to the within docu- ment, and acknowledged that she executed the foregoing for the par- pose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. Notary uhlic NOTARIAL SEAL R1JBYl1 A, ~W, Notary Publb g Bao, Cumberland Cptxt4y Qpmmission Expires Ser+ 23, 2pQ2 (J ~- ~~. ~ c _a ~' "\ r' ~~ ` ' '. ( `~ ~. ~ r' -a - ~~'~ . ~ ' ., ~ ~_ ^-' "' ~',` ;- .. ~ :.~ ue _.7