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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY °
STATE OF PENNA.
o
MISCNELE D. SWARTZ,
99 6871 CIVIL TERM
N u. -
%• Plaintiff
CIVIL ACTION -LAW
Vv)-< s
STEVEN P. SWARTZ, IN DIVORCE
Defendant
i;
O
DECREE IN
D I V 0 R C E
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l:o G•M. f
AND NOW, ..... .. .... , . 2000..' it is ordered and
.
MISCIIELE D... SWART7. . , • , • .. • • ... , plaintiff,
decreed that .......
SWART
and .................. sTev?N P........? ...................... , defendant, (t(
are divorced from the bonds of matrimony. r
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
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been entered; $
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?• The Marriage Settlement Agreement dated.June. 23,.2000. and, signed. by.the.
parties is hereby incorr..`.. .. or.Ited. into the Divorce Decree but not mer ed
.................. ................. g..
By T
r
Attest:
c
Prothonouiry
.ail: •iI
'?
? s"? Cis-? ???-%-«//fli/o ??f <...Y/?r? j/
MARRIAGE SE7'7I. Ei11F_ NT .=f GREEIllENT
'I'll IS AGREEMENT made this vd
day Of Iuvto. )000 by and between
NIISCJIELE D. SIVARTZ (hereinafter referred to as "WIFE") and STEVEN P. SWARTZ
(hereinafter referred to as "HUSBAND"),
WITNESSE"rll:
WHEREAS, HUSBAND and WIFE were lawfully married on January 7, 1995, and
separated on or about October 30. 1999, and
WHEREAS. diverse. unhappy differences, disputes and difficulties have arisen between
the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest
of their natural lives. and the parties hereto are desirous of settling fully and finally their
respective financial and property rights and oblieations as between each other, including, without
limitation by specification: the settling of all natters between then relatinn, to the ownership and
equitable distribution of real and personal property: the settling of all claims and possible claims
by one against the other or against their respective estates and equitable distribution of propert
and alimony Ibr each party.
The parties hereto a-grec and covenant as follows:
I.
The parties intend w maintain separate and permanent domiciles and to live apart from
each other. It is the intent and purpose of this Agreement to set forth the respective rights and
duties of the panics while they continue to live apart from each other.
The parties have attempted to divide their matrimonial property in a manner which
conforms to ajust and right standard, with clue regard to the rights of each party. It is the intent
of the parties that such division shall be final and shall forever detemtine their respective rights.
The division of existing marital property is not intended by the parties to constitute in any way a
sale or exchange of assets.
3.
Further. the navies afire= to continue )ivin • separately and apart from the other at any
place or places that lie or she may select as they have heretofore been doing. Neither pan shall
molest. harass, igjure, threaten or interfere with the other partv in any matter whatsoever. Each
party may carry on and engage in any emplorlnent, profession, business or other activity as he or
she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the
uses, ownership, enjoyment or disposition of any property now owned and not specified herein
or property hereafter acquired by the other. I If
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The consideration for this contract and agreement is the mutual benefit to be obtained by
both of the pmlies hereto and 1110 covcnatns and agreements of each of the parties to the other.
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The adequacy, of the consideration for all agrecinents herein contained is stipulated, confessed,
and admitted by the parties, and the parties intend to be legally bound hereby.
Each party to the Agreement acknowled"es and declares that he or she,
respectivch•:
(I) is represented by counsel of his or her own choosing (Mark D. Schwartz,
Esquire for NVIFE. and James D. Flower, Esquire, for HUSBAND);
(2) is fully and completely inforn ed of the ficts relating to the subject matter of
this Agreement and of the rights and liabilities of the parties;
(-1) enters into this A-Memcnt voluntarily after receiving the advice of counsel;
(4) has given careful and mature thought to the making of this Agreement;
(5) has carefully read each provision of this Agreement; and
(6) fully and completely understands each provision of this Agreement. both as to
the subject matter and legal effect.
This A^_reement shall become effective immediately as of the date ofexeculion.
5.
It is the purpose and intent of this Agreement to settle forever and completely the interest
and obligations of the parties in all property that they own separately, and all property that would
qualit}' as marital property under the Pennsylvania Divorce Code, Title 23. Section 3301(e), and
that is referred to in this A,reemcnt as "Niarital Propertyas between themseh es, their heirs and
assigns. The parties have attempted to divide their Marital Property in a manner that confornis to
a just and lair standard, with (file regard to the rights of each Party. The division of existing
Marital Property is not intended by the panics 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
properly not constituting a part of the marital estate.
It is the further purpose of this Agreement to settle forever and completely any oblieation
under the Pennsylvania Divorce Code relating to spousal support or alimony.
6.
Each party represents and warrants that he or she has made a full and fair disclosure to
the other of all of his or her property interests of any nature, including any mortgage, pledge,
lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each
party further represents that he or she has made a full and fair disclosure of all debts and
obligations of any nature for which he or she is currently liable or may become liable. Each
further represents and warrants that he or she has not made any gifts or transfers for inadequate
consideration of \9arital Property without the prior consent of the other.
Each Party acknowledges that, to the extent desired, he or she has had access to all joint
and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during
marriage.
7.
REAL ESTATE: HUSBAND and WIFE have sold the residence located at 110 Nlill
Street, %Mt. Holly Springs, Pennsylvania ( hereinafter referred to as "Residence"), for the sum of
One Hundred Five Thousand Five Hundred and no/100 (SI05,500.00) Dollars. After the real
estate expenses had been paid in full and no outstanding Debt remained on the residence, the
balance of the proceeds from the sale of the Residence were split between the parties %vith the
\VIFE receiving Fifty Percent (500-b) and the HUSBAND receiving Fifty Percent (50%). Also
with regard to the sale of the residence the parties mtnually agree that the homeowners insurance
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refund HUSBAND receives will he split between the parties with the WIFE receiving Fifty
Percent (5091o) and the HUSBAND receiving Fifty Percent (50'SS,).
S.
SUPPORT: It is the mutual desire of the parties that HUSBAND will not be required to
pay support to the WIFE. WIFE will not provide any Financial support to the HUSBAND. The
parties also waive any right they have to receive alimony or alimony pendente lite payments
from the other following the entry of the Divorce Decree in this matter.
9.
PERSONAL PROPERTY: The parties hereby agree that all personal property acquired
during the marriage has been equitably divided between the parties to their mutual satisfaction
and agreement, excepting however, the sketch of the "Star Barn". When HUSBAND finds said
sketch he shall return sketch to WIFE.
The WIFE hereby waives all right and title and interest which she may have in.any
personal property herein designated as HUSBAND'S. HUSBAND likewise waives any right.
title and interest which he has in the personal property desigttated as WIFE'S. Henceforth. each
of the patties shall own, have and enjoy independently of any claim or tight of the other party, all
items of personal property of every kind. nature and description and wherever situated, which are
then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full
power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects
and for all purposes as if he or she were unmarried.
Each party ag ees that neither will incur obligations, liens or liabilities on account of the
other and that from the date of this Agreement, neither party shall contract or incur obligations,
liens or any liability whatsoever on account of the other.
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Further, \VIFIi dues herchy rclcase, waive and forever discharge HUSBAND from any
and all cI:IiIns she has now, ever may have or can at any time have :icainst I [US BAND or his
estate or any part thereof. whether arising out of fimnal contracts. CngagCntents or liabilities of
HUSBAND, arising by WaY of widower's right or under the intestate Law arising by any right to
take against the IIUSBAND'S will.
HUSBAND does hereby release, waive and forever discharge \VIFE from any and all
claims he has now, ever may have or can at any time have against the \VIFE or her estate or any
part thereof. whether arising out of formal contracts. engagements or liabilities of WIFE, arising
by tray of widower's right or under the intestate Law arising by any right to take tuminst the
WIFE'S will.
10.
AUTOMOBILES: The navies hereby agree that WIFE shall retain the 1995 Chevrolet
Malibu car which is currently in her possession. HUSBAND hereby waivcs all rieht, title and
interest in the car which is currently in possession oC WIFE. \VIFE shall hold HUSBAND
harmless ti+r any and all liability associated with the use and purchase of the car and any vehicle
she may now or in the future own. and shall be solely responsible for all insurance and other
financial responsibility associated with said vehicle. The patties hereby agree that HUSBAND
shall retain the 1997 Ford F-250 Pickup Truck which is currently in his possession. WIFE hereby
waives all right, title and interest in tie car which is currently in possession of HUSBAND.
HUSBAND shall hold \VIFE harniless for any and all liability associated with the use and
purchase of the car and any vehicle she may now or in the future own, and shall be solely
responsible for all insurance and other financial responsibility associated with said vehicle.
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MARITAL DEBTS: The parties hereby agree that the IIUSBAND shall assume all
liability for any and all debt which may now or in the future exist relating to the following credit
card accounts:
L AFSMCE Mastercard
?. Sears Credit Card
HUSBAND further agrees to take all measures necessary to remove WIFE's name from
any and all of the above-listed marital credit cards and transfer said credit cards into
HUSBAND's name alone within thirty (30) days from the date of this Agreement. WIFE agrees
to cooperate in removing her name from the above-listed credit cards. HUSBAND further
agrees to indemnify and hold harmless WIFE from any and all debt which may now or may
hereafter be incurred to said credit card accounts.
The parties hereby agree that the WIFE shall assume all liability for any and all debt
which max- now or in the future exist relating to the following credit card accounts:
I. MBNA Account
?. Boscovs
Axyss National
4. Visa (Members I")
WIFE further agrees to take all treasures necessary to remove HUSBAND's name from
am and all of the above-listed marital credit cards and transfer said credit cards into WIFE's
name alone within thirty (30) days from the date of this Agreement. HUSBAND agrees to
cooperate in removing his name from the above-listed credit cards. WIFE further agrees to
indemnify and hold hamiless HUSBAND from any and all debt which may now or may
hereafter be incurred to said credit card accounts.
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It is mutually agreed by and between the parties that WIFE shall assume all liability for
and pay and indemnify the HUSBAND against all debts incurred by WIFE after the date of
separation. WIFE represents and warrants to HUSBAND that since the parties' marital
separation she has not contracted or incurred any debt or liability for which HUSBAND or his
estate might be responsible and WIFE further represents and warrants to HUSBAND that she
will not contract or incur any debt or liability after the execution of this Agreement, for which
HUSBAND or his estate might be responsible. WIFE shall indemnify and save HUSBAND
harmless from any and all claims or demands made against him by reason of debts or obligations
incurred by her.
HUSBAND shall assume all liability for and pay and indemnify the WIFE against all
debts incurred by HUSBAND after the date of separation. HUSBAND represents and warrants
to WIFE that since the parties' marital separation he has not contracted or incurred any debt or
liability for which WIFE or her estate might be responsible and HUSBAND further represents
and warrants to WIFE that he will not contract or incur any debt or liability after the execuiion of
this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify
and save WIFE harmless from any and all claims or demands made against her by reason of
debt; or obligations incurred by him.
The parties had a personal loan through Member's First. HUSBAND agrees to assume
S5.:00.00 of that debt and has secured a loan in his name for the same. WIFE has agreed to
assume S2.172.00 of that debt and has secured a loan in her name for the same. WIFE shall
indemnify and save HUSBAND harmless from any and all claims or demands made against him
by reason of this debt or obligations incurred by her. HUSBAND shall indemnify and save WIFE
harmless from anv and all claims or demands made against him by reason of this debt or
obligations incurred by him.
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12.
INSURANCE AND EMPLOYEE BENEFITS: The panics agree that any life
insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including
but not limited to retirement, profit sharing or medical benefits of either party, shall be their own.
WIFE waives all right, title and claim to HUSBAND's employee benefits, and HUSBAND
- - waives all right, title, and claim to any of WIFE'S employee benefits.
HUSBAND agrees to take any and all action necessary and to cooperate, within thirty
(30) days from the date of this Agreement, in the removal of his name as a beneficiary or owner
from any and all pension, profit sharing or other retirement accounts which WIFE may currently
possess. Similarly. WIFE agrees to take any and all action necessary and to cooperate, within
thirty (30) days from the date of this Agreement, in the removal of her name as a beneficiary or
owner from any and all pension, profit sharing or other retirement accounts which HUSBAND
may currently possess.
13.
BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and
interest which she may have in the savings or checking or any other bank accounts of the
HUSBAND not otherwise provided for herein. HUSBAND agrees to waive all right, title and
interest which he may have in the savings or checking or any other bank accounts of WIFE not
otherwise provided for herein. HUSBAND agi'ees to cooperate in closing or remo,,ting WIFE'S
name from any and all joint accounts held and any financial institution within fifteen (15) days of
the execution of this Agreement. Similarly, WIFE agrees to cooperate in closing or removing
HUSBAND'S name from any and all joint accounts held and any financial institution within
fifteen (15) days of the execution of this Agreement.
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12.
INSURANCE AND EMPLOYEE BENEFITS: The parties agree that arty life
insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including
but not limited to retirement, profit sharing or medical benefits of either party, shall be their own.
WIFE waives all right, title and claim to HUSBAND's employee benefits, and HUSBAND
- waives all right, title, and claim to any of WIFE'S employee benefits.
HUSBAND agrees to take any and all action necessary and to cooperate, within thirty
(30) days from the date of this Agreement, in the removal of his name as a beneficiary or owner
from any and all pension, profit sharing or other retirement accounts which WIFE may currently
possess. Similarly. WIFE agrees to take any and all action necessary and to cooperate, within
thirty (30) days from the date of this Agreement, in the removal of her name as a beneficiary or
owner from any and all pension, profit sharing or other retirement accounts which HUSBAND
may currently possess.
l3.
BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all ri_ht, title and
interest which she may have in the savings or checking or any other bank accounts of the
HUSBAND not otherwise provided for,herein. HUSBAND agrees to waive all right, title and
interest which he may have in the savings or checking or any other bank accounts of WIFE not
otherwise provided for herein. HUSBAND agrees to cooperate in closing or removing WIFE'S
name from any and all joint accounts held and any financial institution within fifteen (15) days of
the execution of this Agreement. Similarly, WIFE agrees to cooperate in closing or removing
HUSBAND'S name from any and all joint accounts held and any financial institution within
fifteen (15) daps of the execution of this Agreement.
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1 4.
DIVORCE: "file parties both agree to cooperate with each other in obtaining a fina
divorce of the marriage. It is agreed that the parties will execute and file the consents necessary
to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all
the costs and legal fees of the party who is seeking the divorce.
15.
CUSTODY OF FAMILY PETS: The parties agree that WIFE will keep possession of
Maddie, the yellow Labrador Retriever. HUSBAND shall sign the American Kennel Club
registration certificate formally transfemng- his ownership of Maddie to WIFE. The parties
further agree that HUSBAND will keep possession of Annie, the Chocolate Chesapeake Bay
Retriever. WIFE shall si_m the American Kennel Club registration certificate formally
transferring her ownership of Annie to husband.
1 G.
BREACH: If either party breaches any provisions 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 should
be responsible for pa}Tnent of legal fees and costs incurred by the other in enforcing their rights
under this Agreement.
17.
ADDITIONAL. INSTRUMENTS: Each of the parties shall from time to time, at die
request of the other, execute. acknowledge and deliver to the other party any and all further
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instruments that may be reasonably required to give full firrce and effect to the provisions of this
Agreement.
Is
yoLUVTARY EXECUTfo\: The provisions of this Agreement and their legal effect
have either been fully explained to the panics by their respective counsel, or have been fully
reviewed and understood if not represented by counsel. and each patty acknowledges that the
Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the
result of any duress or undue influence. The 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. The parties further agree that the
terms of this Agreement shall be incorporated into any Divorce Decree which may be entered
with respect to them. It is time parties' intent that this Agreement does not merge with the Divorce
Decree, but rather shall continue to have independent contractual significance. Each party
maintains his or her contractual remedies as well as court ordered remedies as the result of the
aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include,
but not be limited to, damages resultin« from breach of this iTeement, specific enforcement of
this Agreement and remedies pertaining to failure to comply with an order of court or agreement
pertaining to equitable distribution, alimony, alimony pendente lite. counsel fees and costs as set
forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or
hereafter enacted.
-AM
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19.
ENTIRE AGRF_E\IE\T: This Agreement contains the entire understanding of the
patties and there are no representations, warranties, covenants or undertakinLs other than those
expressly set forth herein.
20.
APPLICABLE LAW: This Agreement shall be construed under the Laws of the
Commonwealth of Pennsylvania.
21.
PRIOR AGREEMEYrs: It is understood and agreed that any and all property
settlement agreements which may or have been executed prior to the date and time of this
Agreement are null and void and of no effect.
22
PAYMENT OF COs"rS: Each party shall be responsible for their own attorney's fees
incurred in the settlement of the divorce and economic issues surroundim_ this divorce.
1V:IVER OF CLAiMS AGAINST ESTATES: Except as herein otherwise provided,
each patty may dispose of his or her property in any sway, and each party hereby waives and
relinquishes any and all rights he or she may no%a have or hereafter acquire, under the present or
future laws of anyjurisdiction, to share in the property or the estate of the other as a result of the
marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's
allowance, ri_ht to take in intestacy, right to take against the Will of the other, and right to act as
administrator or executor of the other's estate, and each will, at the request of the other, execute,
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acknowledge and deliver any and all instruments which may he necessary or advisable to carry
into effect this mutual waiver and relinquishment of all such interests, duhts and claims.
1\ \1'ITNESS WHEREOF, the parties hereunto have set their hands and seals the day
and year first above written.
WITNESSES:
n i / . ,KU/GU1%?
MISCHELE U. SWANK
Prige I.
. ?m
COMMONWEAL'I'll OF PENNSYLVANIA
: SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE 1ME, thisa9 day ofJtrr< , 2000, a Notary
Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, 1IISCHELE
D. SWARTZ, known to me (or satisfactorily proven) to be the person whose name is subscribed
to the within Marriage Settlement Aggeement, and acknowledges that she executed the same for
the purposes therein contained.
_.._L'-NT._NAI 7ESS WHEREOF, I have hereunto set my hand and official seal.
Nmarial Seal
"nabs L. Noel, Notary Public
i Carlisle Boro, Cumberland Count/
MY Commission Expires Seal ' 003
Id•:r.Ltr, f'earsvr r•^•'. n:: F ::.. • r I:otanes v Q"?•
C0111NIONNYEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
: SS:
PERSONALLY APPEARED BEFORE ME. this _ day of 2000, a Notary
Public. in and for the Commonwealth of Pennsylvania and County of Cumberland. STEVEN P.
SNVARTZ, known to me (or satlstactortly orowen) to be the person whose name is subscribed to
the within Marriaee Settlement Agreement. and acknowledges that he executed the same for the
purposes therein contained.
IN WITNESS WHEREOF. 1 have hereunto set my hand and official seal.
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?IISCIIIi1.E D. S1\'AR'I'%, IN'1'11F. CO1!!("I' Oh CO\lA10N PLEAS OP
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Plaintiff
C(IMBERLANDCOUNTY, 11ENNSYLVANIA j
CIVIL ACTION - LAW
V.
(j
• 99-6871 CIVILT'ERM ?r
G
STEVEN 11. SWART/.,
IN DIVORCE
Defendant
PRAECIPE TO TRANS\il'r RECORD Yf
To the Prothonotary:
Transmit the record, together with the following information. to the court for entry Of n divorce decree:
I. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code.
2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon
the defendant. Steven P. Swartz, on November 17. 1999, by certified, restricted delivery mail, addressed to him at
110 Mill Street. Mt. Ilolly Springs. Cumberland County. Pennsylvania 17065, with Return Receipt Number Z. 013
345811.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by Section 330l(c) of the Divorce
Code: by plaintiff: Julie 29.2000: by delcndan? June 23.'_000.
(b)(1) Date of execution of the affidavit required by Section 3301(4) of the Divorce Code:
(b)(2) Date of filing and 5crv'ice of the plaintifl's affidavit upon the defendant:
4. Related claims pending: NONE.
5. Complete either (a) or (b).
(a) Date and manner of service of the Notice of Intention to rile Praecipc to T mnsntit Record,
a copy of which is attached:
(h) Date plaintil)'s Waiver of Notice in Section 3301(c) Divorce was riled with the
Prothonotary: June 30, 2000.
Dane defendant's Waiver of Notice in Scetio 3301(c) Divorce was filed wish the
Prothonotary: June 30, 2000.
dark >. Schwartz, Esquire
Attorney for !'lainarf
MISCHELE' 1). SWARTZ. IN TIIF. COLjR'1' OF C(D\IMON PL,I?AS 017
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
?• CIVIL. AC'T'ION - LAW
99-,/,0/ CIVILTERM
S EIVEN P. SNAR'E'/.,
Defendant IN DIVORCE?
NOTICE.
YOU have been sued in court. If you wish to defend against the claims set forth in the
Rdlowing pages, you must take prompt action. You arc warned that ifyou fail to do so, the case
may proceed without you 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 lift 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 COn14110USC, Carlisle. Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM ["Olt ALIMONY, DIVISION OP PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE, A DIN70RCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE Tifrs RIGlrr TO CLAIM ANN' OF-1'11EN1.
YOU SHOULD TAKE "PHIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO 1'0 OR TELEPLIONE
THE OFFICE, SI I, FOIYril BELONN' 1'O FEND OUT NIIERE YOU CAN GE, r LEGAL
1IEILP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
1-800-99111-9108
ANINRICANS NVITII DISAIi1L1'hIIr:S
ACT OF 19911
"I71e Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For inlimnation about ;.icccssihle 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 contcrence or hearing.
MISCHELE D. SWARTZ,
Plaintiff
V.
STEVEN P. SWART%,
Defendant
IN THE COURT OF CONINION PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
99-(,'(")/ CIVIL TERM
IN DIVORCE
COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c)
OF THE DIVORCE CODE
NOW conies the plaintiff. Mischele D. Swartz, by her attorney, Mark D. Schwartz, Esquire,
and files this complaint in divorce against the defendant, Steven P. Swartz, representing as follows:
1. The plaintiff is Mischele D. Swann. an adult individual residing at 12 Midland Drive, Mt.
Holly Springs. Cumberland County, Pennsylvania 17065.
2. The defendant is Steven P. Swartz, an adult individual residing at 110 Mill Street, Mt. Holly
Springs, Cumberland County, Pcnnsylvania 17065.
3. The plaintilf has been a resident ol'the Commonwealth of Pennsylvania at least six months
prior to the filing of this action in divorce.
4. 'me plaintiff and the defendant were married on January 7. 1995 in Pennsylvania and
separated on October 30. 1999.
Wm
5. There Igoe hcen no prior actions of dieorcc or lior annulment henecen the parties.
6. There were no children horn to this tnarriaae.
7. Pursuant to the Divorce Code. Section ?;ol(c), the plaintiff avers as the grounds upon which
this action is based that the marriage hetween the parries is irretrievably broken.
S. The plaintiff avers that site has been advised of the availability of counseling and that said
party has the right to request that the court req«irc the panics to participate in counseling.
\\'l1EREPORE'. the plaintiff demands judgment dissolving the marriage between the two
parties.
Respectfully submitted,
IR\\'IN, ,? c1<NICL?I'S IIUC111iS
13y; ?C?
lark D. Schwartz, 1?squirc,
Attorney for Plaintiff, illischele D. Swartz
West Pomfret Professional 1311ildim,
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 219-2353
Supreme Court I.D. No. 70216
Date: November-a, 1999
VERIFICATION
The foregoing Complaint in Divorce is based upon information which has been gathered
by my counsel and me in the preparation of this action. I have read the statements made in this
Complaint and they are true and correct to the best of my knowledge, infunnation and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
Date: November , 1999
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MISCIIELE D. SWART/_,
Plaintiff
V.
STEVEN 1'.SWARTZ,
Defendant
: IN'1'IIE COUR'1.OF COMiNION PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
99-6871 CIVILTERNI
IN DIVORCE
AFFIDAVIT OF SERVICE OF COMPLAINT
PURSUANT"r0 PA. R.C.P. RULE NO. 1920.4 (a)(1)(i)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS:
NOW, Marl: D. Schwartz, Esquire, being duly sworn according to law, does depose and
state:
1. That he is a competent adult and attorney for the plaintiff in the captioned action in
divorce.
2. That a certified copy of the Complaint in Divorce was served upon the defendant,
Steven P. Swartz, on November 17, 1999, by certified, restricted delivery mail, addressed to him
at 110 Mill Street, Mt. Holly Springs, Pennsylvania 17065, with Return Receipt Number Z 013
345811.
3. That the said receipt for certified mail is signed and attached hereto and made a part
hereof:
I verity that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties n' 18 Pa. C. S. Section 4904, relating to
unsworn falsification to authorities.
MARK D. SCFIWARTZ, ESQUIRE
Attorney for Plaintiff
Date: June 29th , 2000
Z 013 345 811
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MR STEVEN P SWARTZ
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Date, d Addressees Adbess
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Postmark or Date
MARK
11-15-99
SWARTZ DIVORCE COMPLAINT
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NIISCIII, LE D. SWARTZ,
Plaintiff
V.
STEVEN P. SMART%,
Defendant
IN'1'IIE COURT OF COiIn1ON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
99-6871 CIVIL TERM
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
November 12, 1999.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of the filing of the complaint.
3. 1 consent to the entry of a final decree in divorce.
4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses i f I do not claim them before a divorce is granted.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to
unsworn falsification to authorities.
Date: June 29th , 2000
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I11SCIIELE 1). SWARTZ,
Plaintiff
V.
STEVEN 1'. SWAR'I L.
Defendant
1N'!'111; COURT OP CO\1\ION 1'1,1?AS O1?
CUMBERLAND COUNTY, PF.NNSYI.YANIA
CIVIL ACTION - LACY
99-6871 CIY11.'1 EACH
IN DIVORCE
WAIVER OF NOTICE OF INTENTION "rO REQUFST
ENTRY OF A DIVORCE DN.CREE UNDER
SECTION 3301(c) OFTIIE DIVORCE CODE
1. 1 consent to the entry ol"a final Decree of'Divorce without notice.
2. 1 understand that 1 nwv lose rights concerning alimony, division of property, lawyer's
fees or expenses it'[ 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 inuncdiatcly after it is lilcd with the
Prothonotary.
I verily that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties IS Pa. C.S. Section 4904 relating to
unsworn fdsifkution to authorities. II
Date: June 29th , 2000
MISCIIELE D.
Plaintiff
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INi1SCFIELE D. SWART!,
Plaintiff
V.
CUMBEIM,AND COUNTY, PENNSYLVANIA
: IN TI?E COURT OF COILION PLEAS Or
CIVIL ACTION - LAN
99-6871 CIVILTERM
STEVEN P. SM'ARTZ,
Defendant
IN DIVORCE
PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT
The plaintiff, being duly sworn according to law, deposes and says:
1. 1 have been advised of the availability of marriage counseling and understand that I
may request that the court require that my spouse and I participate in counseling.
2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's
Office, which list is available to me upon request.
3. Being so advised, 1 do not request that the court require that my spouse and I
participate in counseling prior to a divorce decree being handed down.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties or 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date:.hmc 29th 2000
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M?SC??ELE D. SWARTZ,
Plaintiff
V.
STEVEN P. SWARTZ,
Defendant
?N T??E COURT OF COMMON PLEAS OF
CUMBERLAND COUN-rN,, PENNSYLVANIA
CIVIL ACTION - LAN
99-6871 CIVILTERN1
?N DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
November 12. 1999.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of the tiling of the complaint.
3. I consent to the entry of a final decree in divorce.
a. 1 understand that 1 may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of I S Pa. C. S. Section 490=4 relating to
unsworn falsification to authorities.
Date: .June 2?-, 2000
STEVEN P. SWARTr_
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MISCIIELI: 1). SNVAR7%,
Plaintiff
V.
STEVEN P. SWARTZ.
Defendant
I\ '1'111. COURT O1,'COi\I\ION PLh,AS OF
: CUNIBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
99-6871 CIV'IL'1'ERNI
IN DIVORCE-
WAIVER 01 NOTICE O1 INTENTION TO REOUES"f
ENTRY O1 A DIVORCE DECREE. UNDER
SECTION 3301(c) oi--n1E DIVORCE CODE
1. 1 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. 1 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 nu inunediately after it is filed with the
Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of IS Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: June o23 , 2000 /v
STEVEN P. S. S 'AI
Defendant
.:.
PVIISCIIELE 1). SMARTZ,
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
99.6371 CIVILTERM
STEVEN P.SWARTZ,
Defendant
IN DIVORCE
DEhENDAN"t'S MARRIAGE COUNSELING AFFIDAVIT
'file defendant, being duly sworn according to law, deposes and says:
1. I have been advised of the availability of marriage counseling and understand that I
may request that the court require that my spouse and 1 participate in counseling.
2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's
Office, which list is available to me upon request.
3. [acing so advised, I do not request that the court require that my spouse and I
participate in counseling prior to it divorce decree being handed down.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are suhjcct to the penalties of 19 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: X0011 ? ers-
STEV.WAR'
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SOCIAL SECURITY INFORMATION SHEET
PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1 (a) (3) ALL DIVORCES MUST
INCLUDE THE PARTIES SOCIAL SECURITY NUMBER
PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE
PROTHONOTARY'S OFFICE
DATE: June 30, 2000
DOCKET NUMBER: 99-6871 Civil Term
PLAINTIFF/RIt118XMBR SS" 185-52-1498
NAME: Mischele D. Swartz
DEFENDANTIRURMY-i391 SSn 160-60-3828
NAME: Steven P. Swartz