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HomeMy WebLinkAbout03-3902 . IN THE COURT OF COMMON PLEAS VS. WESLEY A. SWARTZ, DEFENDANT ACTION IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued iu 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 ~y 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 rights of your children. When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the York County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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. Lawyer Referral Service of the Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 -1- . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHEILA D. SWARTZ, No. PLAINTIFF VS. WESLEY A. SWARTZ, DEFENDANT ACTION IN DIVORCE A VISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes debe tomar accion con prontitud. Se la avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion reclamados por el demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para eI divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una Iista de consejeros matrimoniales esta disponible en la officina del Prothonotary, en la York County Court of Common Pleas, 28 East Market Street, York, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PRORlEDED MARITAL, HONORARlOS DES ABROGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITADO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTA PAPEL A UN ABROGADO DES IMMEDIATO. SI NO TIENE 0 NO PUEDE PAGAR UN ABROGADO. VAYA 0 LLAME A LA OFlCINA INDICADO ABAJO PARA A VERlGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Lawyer Referral Service of the Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3166 -2- ~ C~"u~L/~ VS. WESLEY A. SWARTZ, DEFENDANT ACTION IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this [3pA day of ;tf-?-.r,c ,2003, comes the Plaintiff, Sheila D. Swartz, by her attorney, Lynn G. Peterson, Esquire, and files this Complaint in Divorce of which the following is a statement: COUNT I: DIVORCE 1. The Plaintiff, Sheila D. Swartz, is an adult individual residing at 52 Rosedale, Hershey, Dauphin County, Pennsylvania. Plaintiff has resided there since May 2003. 2. The Defendant, Wesley A. Swartz is an adult individual residing at 183 Zion Road, Newburg, Cumberland County, Pennsylvania. Defendant has resided there since 1997. 3. Both Plaintiff and Defendant are sui juris and are citizens of the United States of America. 4. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months prior to the filing of this Complaint. 5. Plaintiff and Defendant were married on April 30, 1994, at Newburg, Pennsylvania. 6. There have been no prior actions of divorce or annulment between the parties. -3- 7. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 8. The Plaintiff avers that the grounds on which this action is based are: a) that the marriage is irretrievably broken. b) That the parties separated on May 25, 2003 and at the appropriate time, Plaintiff will submit an Affidavit alleging that the marriage is irretrievably broken. 9. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 10. Plaintiff requests that the Court enter a decree of divorce. 11. The parties may enter into a Marital Settlement Agreement with regard to property division. It is requested that if the parties do so that the Agreement be incorporated by the Court into the final Decree of Divorce. WHEREFORE, Plaintiff requests that this Honorable Court enter a decree in divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between the Plaintiff and Defendant and, Plaintiff requests that if the parties enter into a Marital Settlement Agreement that it be incorporated in the decree and entered as an Order of this Court. COUNT II: EQUITABLE DISTRIBUTION 12. Paragraphs 1 through 11 are incorporated herein by reference as if fully set forth herein at length. -4- . 13. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from April 30, 1994 until May 25, 2003, the date of their separation. 14. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property. Dated: 8/8'((;-3 Respectfully submitted, Q2~ --... Lynn G. Peterson, Esq. PETERSON & PETERSON 515 Carlisle Street Hanover, PA 17331 (717) 632-7171 I.D.# 67944 -5- VERIFICATION I verify that the statements made in this Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Section 4904, relating to unsworn falsification to authorities. Date: lrJ jzg ~ _<>~hA;/Q~~ She~ab.~tz Attorney: Lynn G. Peterson, Esq. PETERSON & PETERSON 515 Carlisle Street Hanover, PA 17331 -6- ~ , ( R c ~ ~ ~ 1 - "T RJ ---.... f'i..' fl D ~ <- -- \) t.- . -.;.. -~ , ~ . r~ 0 ~ ""-... -- ~2 ~ !' '" -- c; ::::.1 :."~l -:'1 J:: ):. ~ ."" ~ ~ ~ \ . - - 'v '< ff:! - ~ \ ~ --.:::.. Cf . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHEILA D. SWARTZ, PLAINTIFF No. 2003-3902 Civil Term VS. WESLWy A. SWARTZ, DEFENDANT ACTION IN DIVORCE AFFIDA VII OF CONSEN1: I. A Complaint in Divorce under S3301(c) of the Divorce Code was filed on August II, 2003. 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 this 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: '7- Z I - ~ y , A-~ f) (I:iefendant) ----- -1- . t:; C) ~ -rl C'} C:' -I +:- f'~ Q"'\ . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHEILA D. SWARTZ, PLAINTIFF No. 2003-3902 Civil Term VS. WESLfY A. SWARTZ, DEFENDANT ACTION IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE I. 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{ 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 I Court and that a copy of the decree will be se:nt to me immediately after it is filed with the Prothonotary. I verify that the statements made in this waiver of notice 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: 7-2 j- 0;;/ 1- ~fJ) (Odimd,"O -1- , r--:o c.::;:. C,~I ~::::::l ",1 C) "-") '::".~I -E.':'"" ",~ 0' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHEILA D. SWARTZ, No. 2003-3902 Civil Term PLAINTIFF VS. WESLEY A. SWARTZ, DEFENDANT ACTION IN DIVORCE AFFIDA VII OF CONSENT I. A Complaint in Divorce under S330l(c) of the Divorce Code was filed on August II, 2003. 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 this 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: cFi laoldiDS , I -1- q .-. , (;;.:. z :2 ...... <='.> = c..n (/} fT1 -0 N W ~ :i!.." m- , -om :nO () j ::,...0 (~+1 ;70 Om J;! ~:o .<; -0 ....... -"- w o 0' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHEILA D. SWARTZ, PLAINTIFF No. 2003-3902 Civil Term VS. WESLEY A. SWARTZ, DEFENDANT ACTION IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~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 waiver of notice 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:o=t fa:> fxn5 -1- (} \:',e, ....; ~;;:> ~ t(', t-'::J f'."> '-" . .'.> S? :2 Q. ~~ 't";] :;?JY r;~q; -c:Q "; ~')-) l..::;-.-'?n 5' -' ~ --0 ~- -- <.P- o 0"' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHEILA D. SWARTZ, No. 2003-3902 Civil Term PLAINTIFF VS. WESLEY A. SWARTZ, DEFENDANT ACTION IN DIVORCE ACCEPTANCE OF SERVICE IN ACCORDANCE WITH PA.R.C.P. 1930.4(d) I am the defendant in the above-referenced case. On my own behalf, I accept service of the Complaint for Divorce with attached Notice to Defend and Claim Rights and Verification. I certify that I am authorized to accept service on my own behalf. Date: August 25, 2003 -1- " -" "" C~ C7:-J GJl o '~'-I ::::1 ~-i r-; C-) -..1 ~. , .~' -,,~ C-j C:1 v::; . , , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA SHEILA D. SWARTZ, No. 2003-3902 Civil Term PLAINTIFF VS. WESLEY A. SWARTZ, DEFENDANT ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant was personally served with the Complaint in Divorce on August 25, 2003. The original Acceptance of Service in Accordance With Pa.R.C.P. 1930.4(d) is filed concurrent with this Praecipe. 3. Date of execution of Affidavit of Consent required by Section 3301(c) of the Divorce Code: by plaintiff, September 20, 2005; by defendant, September 21, 2004; date of filing of Plaintiff's affidavit, September 23, 2005, date of filing of defendant's affidavit, October 14, 2004. 4. Related Claims Pending: All related claims were resolved between the parties by Marital Settlement Agreement dated September 21, 2004 and attached to this Praecipe to Transmit Record. The parties request that the terms of said Marital Settlement Agreement be incorporated, but not merged, into the Decree of Divorce pursuant to Section IV of the Agreement. -1- , , 5. Date and manner of service of Notice of Intention to file Praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301 (d)(l) of the Divorce Code: Not applicable. 6. Date and manner of service of Notice of Intention to file Praecipe to transmit record, a copy of which is attached, if the decree is to be entered under Section 3301(c) of the Divorce Code: Not Applicable, or date of execution of waiver of Notice of Intent: by Plaintiff, September 20, 2005 and by Defendant, September 21, 2004, and date of filing of the Plaintiffs Waiver was September 23, 2005. Defendant's Waiver was filed on October 14, 2004. Dated: (rJ(r1jor- . Respectfully submitted, ~-~ Lynn G. Peterson, Esq. PETERSON & PETERSON 515 Carlisle Street Hanover, P A 17331 (717) 632-7171 LD.# 67944 -2- \' -1.. ---- ~~. ..., ; . ~~ ....- C' c;J MARITAL SETTLEMENT AGREEMENT L\ ~day of ~~ by and between SHEILA D. SWARTZ of Palmyra, Pennsylvania (hereinafter referred to as "Wife"), and WESLEY A. MADE THIS SWARTZ of Newburg, Pennsylvania (hereinafter referred to as "Husband"). RECIT ALS 1. The parties were married on April 30, 1994, and remain married as of the date of this Marital Settlement Agreement. 2. Whereas certain unhappy differences, disputes, misunderstandings and difficulties have arisen between the parties and the parties have decided that their marriage is irretrievably broken. 3. It is the intention of the parties to live separate and apart for the remainder of their natural lives and to settle fully and finally their respective financial and property rights and obligations as between each other including all claims that either party may have against the other for alimony pendente lite, alimony, support, maintenance, equitable distribution of marital property, court costs and counsel fees, and any other relief that could be granted pursuant to the Divorce Code. 4. The parties have been advised of the right to retain separate, independent legal counsel III the negotiation and memorialization of this Marital Settlement Agreement. Wife has retained and has been represented by Lynn G. Peterson, Esq., PETERSON & PETERSON, 515 Carlisle Street, Hanover, Pennsylvania and Husband has been represented by Wendy J. F. Grella, Esq., 3618 N. 6th Street, Harrisburg, Pennsylvania. Both parties acknowledge that they have read this Marital Settlement Agreement, understand the legal significance of this J Marital Settlement Agreement, have had the opportunity to review this Marital Settlement Agreement with legal counsel of their own choice, deem the Marital Settlement Agreement to be fair, equitable, and reasonable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this Marital Settlement Agreement is not the result of any duress, undue influence, coercion, collusion andlor improper or illegal agreement. 5. The parties intend, and it is the purpose of this Marital Settlement Agreement to memorialize the agreement of the parties for a full, complete and final settlement of all claims that either party may have against the other for alimony pendente lite, alimony, support, maintenance, equitable distribution of marital property, court costs and counsel fees, and any other relief that could be granted pursuant to the Divorce Code or raised in conjunction with the separation and divorce of the parties. 6. This Marital Settlement Agreement will become effective and binding upon both parties upon execution of this Marital Settlement Agreement by both of them. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this Marital Settlement Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: IIII IIII IIII SECTION ONE INCORPORATION OF RECITALS The parties hereby incorporate the preceding recitals into the terms of this Marital Settlement Agreement as though fully set forth herein. SECTION TWO LIVING SEPARATE The parties may and shall hereafter live separate and apart, each free from all dominion, restraint and control by the other, whether direct or indirect, as fully as if unmarried. Each party may hereafter reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment and at such locations which to him or her may seem advisable. SECTION THREE NO MOLESTATION OR INTERFERENCE Neither party shall molest or interfere with the other nor compel or attempt to compel the other to cohabit or dwell with him or her, by any means whatsoever, by legal action or otherwise. fill fill fill fill SECTION FOUR INCORPORATION, NO MERGER The parties agree that, unless otherwise specifically provided herein, this Marital Settlement Agreement shall continue in full force and effect after such time as a final decision in divorce may be entered with respect to the parties. Husband and Wife agree that the terms of this Marital Settlement Agreement shall be incorporated but not merged into any divorce decree which may be entered with respect to the parties and, therefore, Wife and Husband agree and each of the parties does hereby warrant and represent to the other that should either of them obtain a decree, judgment or order of separation or divorce in any state, country or jurisdiction, that party will take all reasonable steps to have this Marital Settlement Agreement incorporated as part of any such decree, judgment or order. SECTION FIVE DIVISION OF PROPERTY 5.01. TANGIBLE PERSONAL PROPERTY. The tangible personal property acquired by either party either prior to or subsequent to marriage, whether separated or together, and which is deemed to be separate or marital property has been equitably distributed between the parties. The parties hereby ratify said distribution of tangible personal property. The tangible personal property currently in the possession of Husband will be Husband's sole and separate property and the tangible personal property currently in the possession of Wife will be Wife's sole and separate property. IIII IIII 5.02. MOTOR VEHICLES. ~~. A). ~ own property the Wife agrees that Husband shall retain possession of and receive as his LOCi:) 6<<\'iuc~?his own use and disposition. Husband shall be solely responsible for the payment of any and all loans secured by said truck and all maintenance, insurance, registration, repair and title expenses related to said truck. Husband shall hold Wife harmless from any such financial obligations regarding said truck. ~llr~~lljs B.1-\W' ~~ .u-Jl . ~rN. o. tialbfcr 'n~r intf':r~n. the aforem~ ~tor ~ H~~ ''''-i.Tllsband shall be respongible fvr the cost of transferring thctitlc to said vdlide. ~~ B) own property the 2001 Honda Accord motor vehicle for her own use and disposition. Wife Husband agrees that Wife shall retain possession of and receive as her shall be solely responsible for the payment of any and all maintenance, insurance, registration, repair and title expenses related to said motor vehicle. Wife shall hold Husband harmless from any such financial obligations regarding said motor vehicle. If fteeeJ~fl.fY Musband ~ transfer~interest in the aforementioned motor vehicle to Wife. Wife glldll be lC~llvu~~bk fOF the 88Bt sf tfttl'lgfcIl into lll\.- l~llc; Lv M~J Vdl~de. ~ 5.03. RETIREMENT ASSETS. Husband agrees to transfer to Wife by Qualified Domestic Relations Order (QDRO) the sum of $9,000..00 by transferring to her that sum from his 401(k) account with his employer, R. S. Mowery & Sons, Inc. Wife will be responsible for preparing an appropriate Stipulation for QDRO and the QDRO, if necessary. The parties agree to cooperate in executing the Stipulation for QDRO and any other documents required to effectuate the agreement of the parties in transferring these assets to Wife. Husband shall retain any and all other assets in the R. S. Mowery & Sons, Inc" in excess of $9,000.00. Wife <-\0' l\() ~c:.c..oU-'\iL+ agrees to execute whatever documents are necessary to effectuate this aspect of the agreement of the parties. 5.04. SEPARATE PROPERTY. Except as expressly provided herein to the contrary, each party shall have, retain and enjoy, independently of any claim, right or demand of the other party, all property of every kind, nature and description and wheresoever situated which is now owned or held or is hereafter acquired by him or her, or stands in his or her name. SECTION SIX DEBTS AND OBLIGATIONS 6.01 Except for any debt or obligation of either party to the other under this Marital Settlement Agreement, or as otherwise expressly provided for herein, each party agrees to pay and hold the other party harmless from all personal debts and obligations incurred by him or her from the date hereof. ~. 6.02. ~ Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability other that those described in this Marital Settlement Agreement, for which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debt, obligation, liability, act or omission of such party, such party will at his or her own expense defend the other against any such claim or demand, whether or not well founded, and that he or she will indemnify and hold harmless the other party in respect of all damages resulting therefrom. l,..:)\ \-~ cJ..O/~~ ~ ~, \?c ., . ~ 0 /I ~~\lthG ~0.\\sAo\ L. ~\ -\10. "~ t-C0{L~ 6.03. Husband and Wife agree to gIve each other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis of a claim for indemnity by either Husband or Wife against the other pursuant to the terms of this Marital Settlement Agreement. SECTION SEVEN RELEASE OF EST ATE RIGHTS Each party expressly releases all right to share in the estate of the other party, or to serve as executor or administrator of the estate of the other party, except only as provided by will or codicil executed after the date of this Marital Settlement Agreement. SECTION EIGHT ~~ . ALIMONY - ALIM~Y PENDENTE LITE - SPOUSAL SUPPORT ~oth parties acknowledge that this Marital Settlement Agreement sets forth their entire obligation for the payment of spousal support, alimony pendente lite, temporary alimony or permanent alimony to the other spouse as those terms are defined in support and divorce legislation and Rules of Civil Procedure that now exists or may be created in the future. Each spouse waives his or her right to hereinafter file any action or claim, to file for modification or otherwise seek income contribution from the other. fill fill //// SECTION NINE ATTORNEY'S FEES AND OTHER COSTS 9.01. Husband and Wife shall each be responsible for their own attorney's fees incurred in connection with the negotiation, preparation and execution of this Marital Settlement Agreement and in connection with any relief sought by either party in connection with a divorce of the parties. 9.02. Except as otherwise provided in this Marital Settlement Agreement, if either party shall bring an action or proceeding to enforce this Marital Settlement Agreement, or to enforce or modify any judgment or order made by a Court of competent jurisdiction in connection with this Marital Settlement Agreement or the divorce of the parties, or to obtain a judgment relating to or arising from the subject matter of this Marital Settlement Agreement, the Court in that action or proceeding shall order the breaching party to pay the counsel fees and costs of the non-breaching party. SECTION TEN ~~ PENSION/RETIREMENT BENEFITS OR SAVINGS The parties incorporate by reference as though fully set forth herein the provisions of Section 5.03 above. Husband agrees to transfer to Wife by Qualified Domestic Relations Order (QDRO) the sum of $9,000.00 by transferring to her that sum from his 401(k) account through his employer, R. S. Mowery & Sons, Inc. Wife will be responsible for preparing an appropriate Stipulation for QDRO and the QDRO, if necessary. The parties agree to cooperate in executing the Stipulation for QDRO and any other documents required to effectuate the agreement of the parties in transferring these assets to Wife. Husband shall retain any and all other retirement assets in his name in excess of $9,000.00. Wife agrees to execute whatever documents are necessary to effectuate this aspect of the agreement of the parties. Wife shall receive any and all retirement assets titled in her name as her sole and separate property. Husband agrees to execute whatever documents are necessary to effectuate this aspect of the agreement of the parties. Husband and Wife, in the future, will execute any consents required by the Internal Revenue Service, the plan administrator or any other party to properly transfer or waive any right that he or she may have to the retirement benefits of the other participant spouse under the Retirement Equity Act of 1984 or any other federal or state law, including the Pennsylvania Divorce Code, now ?r as hereafter amended. ~ ~. ~ o.,iG o.:'~~ cf) ~\E.. o..s,o.. ~. ao;;. u::>~"Js G::>I-lh. ~.i o~ ~C;l~:' \- ~\"\'C~.lICj, ~ ~\Y\ ~~ Ll.6iLN iJ\O..JI\1 W\~~ o _ <S\'t~~~~~C~t:-~N "\ \ax.. t~~ (Ui\OI ~ ~ ~ .~ C\..~ \\()\r)... ~~\aA\Ci. ~r-f'J\ h-~ '\4-L,ty\ ~Q..AfY1t..., ~~ \ ~ V\, - ~XECUTION OF NECESSARY INSTRUMENTS The parties, and each of them, shall hereafter execute all instruments necessary to carry out the terms of this Marital Settlement Agreement. SECTION TWELVE ENFORCEMENT 12.01. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Marital Settlement Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for such services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. This section shall not be applicable to child custody if that is an issue between the parties. 12.02. It is the intent of the parties that this marital Settlement Agreement shall be enforceable as a contract as well as a decree of court, to the end that any of the remedies available to either party derived from the incorporation of this Marital Settlement Agreement into a divorce decree shall be additional to the remedies available at law or equity for the breach of, or enforcement of, a contract. SECTION THIRTEEN INTERPRET A TION This Marital Settlement Agreement shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania. For purposes of interpretation and for the purpose of resolving any ambiguities herein, Husband and Wife agree that they prepared this Marital Settlement Agreement jointly. SECTION FOURTEEN HEADINGS Section and subsection headings contained in this Marital Settlement Agreement are for convenience only and are not substantive content of the Marital Settlement Agreement. IIII IIII IIII SECTION FIFTEEN MODIFICATION No amendment, alteration or modification of this Marital Settlement Agreement shall be valid or enforceable unless contained in a writing signed by the parties. Even if the parties should reconcile, unless the parties execute a written modification, the terms of this Marital Settlement Agreement shall remain in force and effect. SECTION SIXTEEN BINDING EFFECT This Marital Settlement Agreement shall be binding on the parties hereto, their heirs, personal representatives and assigns. SECTION SEVENTEEN FULL DISCLOSURE Each party represents to the other that he or she has made a full, complete and accurate disclosure of all of his, her and their assets and liabilities, and that each id relying upon the disclosure of the other in making this Marital Settlement Agreement. SECTION EIGHTEEN INTEGRATION This Marital Settlement Agreement constitutes the entire understanding of the parties and supercedes any and all prior agreements and negotiations between them. There are no other representations, terms, conditions, agreements or warranties, express or implied, oral or written, of any nature whatsoever, other than those expressly set forth herein. SECTION NINETEEN SEVERABILITY If any term, condition, clause or provision of this Marital Settlement 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 Marital Settlement Agreement and in all other respects this Marital Settlement Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligations under anyone or more of the Paragraphs or Sections herein, with the exception of the satisfaction of the conditions precedent, shall in no way alter the remaining obligations of the parties. SECTION TWENTY COUNTERPARTS This Marital Settlement Agreement may be executed in counterparts, each of which will be an original and which together shall constitute the same instrument. SECTION TWENTY -ONE WAIVER OF LIABILITY Husband and Wife each knowingly and understandingly waive any and all possible claims that this Marital Settlement Agreement is, for any reason, illegal or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife each does hereby warrant, covenant and agree that, in any possible event, he or she is and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Marital Settlement Agreement. SECTION TWENTY-TWO COOPERATION REGARDING NO-FAULT DIVORCE Husband and Wife acknowledge that Wife has filed a divorce action in the Court of Common Pleas for Cumberland County, Pennsylvania. Husband and Wife Agree that their marriage is irretrievably broken and that it shall be dissolved pursuant to 23 Pa.C.S. ~3301(c). The parties therefore agree to the following: A). At the time of the execution of this Marital Settlement Agreement both Husband and Wife shall execute an Affidavit of Consent that consents to the entry of a final Decree in Divorce. Further, the parties shall execute a Waiver of Notice of Intention to Request a Decree of Divorce pursuant to 23 Pa.C.S. ~3301(c). IIII IIII IIII IIII IIII IIII IIII IIII B). Wife shall cause the Affidavits and Waivers to be filed of record and the divorce to be finalized. C). The right to request counseling is hereby waived by the parties. IN WITNESS WHEREOF, the parties hereto intending to be legally bound thereby have set their hands and seals the day and year first above written. :~~~ ~>~ Commonwealth of Pennsylvania ) ) ) SS. County of Cumberland On the _ day of , 2004, before me the undersigned officer, personally appeared Wesley A. Swartz, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My Commission Expires: Commonwealth of Pennsylvania ) ) SS. County of York ) On the zif!day of... ~e...... , 20Qi; before me the nndersigned officer, personally appeared Sheila D. Swartz, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto s NOTARIAL SEAL CONNIE L MURREN Notary Public HANOVER BOROUGH, YORK COUNTY My Commission Expires Mar 16, 2008 My Commission Expires: ::3 -/~ U ~ , C) --'1'1 .~\ r -.-:\ r' .. __ .1 (---"" -< C:; -------- 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA SHEILA D. SWARTZ, No. 2003-3902 Civil Term PLAINTIFF VS. WESLWy A. SWARTZ, DEFENDANT ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under S330l(c) of the Divorce Code was filed on August 11, 2003. 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 this 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: 7 - Z I - C) y , -1- 'l""-....."': ,'. .~ .. ( . . ' . 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHEILA D. SWARTZ, No. 2003-3902 Civil Term PLAINTIFF VS. WESLfy A. SWARTZ, DEFENDANT ACTION IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~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! 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 I 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 waiver of notice 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. 7<::::....-2 j- /')d Date: ~ (./ 7 -1- I'. - \,,',,> . .. .. <. .. . . ,,+ , , , . . . . .. , +. . +. . +. . . +. . . . . . . . . . . . . . . . . . . . . . . . . . . . ;t;++++++++++++ . . . . . +. . +. . . . . . . . . +. ... :+;+'1':++ O+';f++ :+; ++ :f.:f.+ ++++ +~+. ++++++ ++++++++++++++++~ . . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUN1~ SWARTZ, PENNA. STATE OF SHEILA D. . . +. . No. 2003-3902 Civil Term PLAINTIFF . . . . . . +. . . . . . +. . . . . VERSUS WESLEY A. SWARTZ, DEFENDANT DECREE IN DIVORCE AND NOW, nd. )t., , 7fY15""., IT IS ORDERED AND DECREED THAT SHEILA D. , PLAINTIFF, SWARTZ . +. . +. . . . AND WESLEY A. , DEFENDANT. SWARTZ 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: At the party's request, it is hereby further ordered and decreed that the terms of the Martial Settlement Agreement dated September 21, 2004, executed by both parties to this action, be incorporated, but not merged, into this Decree of Divorce. ++.'+' ++ :f.++ Of'+'+'+ . . . +. . . . . . . . . . . . . . +. . . . . . . . . . . . . . . +++ ++++++++++++ ++++++++++++++++++++ + All issues between the parties for which a final order may be ent~red have been resolved ~~~~~6b~~:and i~corporation of the Man.tal.Settlement Agreemen'f. il / / /'7/ >-~~~"'~ ,1 ! ~&60e{ A~EOT ~ - ~~P"O'HO"OTA"' . . . . . . . . . . . . . . . . +. , . + . + . . + . , . . , . . . +. +. , + . + +. +. +. +. +. +. +. +. +. +. +. +. , , . +. . +. . . +. +. . J -#t.?.z /"itJ-7!M# ??~/,L, ",..7 'if,),'/ '-~d fJ:!' 7 /~ j~)rP !V"U',j,/ . ,$0. , - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA SHEILA D. SWARTZ, CASE NO. 2003-3902 Civil Term Plaintiff Vs. WESLEY A. SWARTZ, Defendant ACTION IN DIVORCE PETITION FOR QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this 8th day of February, 2006, comes the PetitionerlPlaintiff, Sheila D. Swartz, by her attorney, Lynn G. Peterson, Esquire, and files this Petition for Qualified Domestic Relations Order whereof the following is a statement: 1. The Petitioner is Sheila D. Swartz, the Plaintiff in this matter. 2. The Respondent is Wesley A. Swartz, the Defendant in this matter. 3. The parties executed a Marital Settlement Agreement dated September 21, 2004. Said marital Settlement Agreement was incorporated, but not merged, into the Decree of Divorce dated October 26, 2005. 4. Section Ten of said Marital Settlement Agreement set forth the agreement of the parties regarding the distribution of a 401(k) plan. 5. On February 1, 2006, the parties executed a Stipulation agreeing to a proposed Qualified Domestic Relations Order. The original Stipulation is filed concurrently with this Petition and is incorporated herein by reference. 6. A proposed original Qualified Domestic Relations Order approved by the parties by the above-referenced Stipulation is attached to this Petition. WHEREFORE, Petitioner respectfully requests that this Honorable Court issue the proposed Qualified Domestic Relations Order. Dated: 2/ 8(06 Respectfully submitted, ~~ PETERSON & PETERSON 5 I 5 Carlisle Street Hanover, P A 1733 I (717) 632-7171 1.0.# 67944 r~'') ,'-' C? ~"'; ~"i' ( ..:-," ..-\ -r". -,-:-, r~"', ('." 0) \ ~O -<' -;..,,, (~,? ~,,) <.:;f\ ------- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHEILA D. SWARTZ, CASE NO. 2003-3902 Civil Term Plaintiff Vs. WESLEY A. SWARTZ, Defendant ACTION IN DIVORCE STIPULATION THIS F:~rt- day of ~ br,-,,-," 7" ,2006, by and between Sheila D. Swartz, Plaintiff in this case, and Wesley A. Swartz, Defendant in this case, agreeing as follows: 1. The parties hereto were wife and husband, respectively, and a divorce action was finalized in this Court under the above-referenced case number by Decree in Divorce dated October 26, 2005. 2. The parties entered into a Marital Settlement Agreement dated September 21,2004, the terms of which have divided the parties' retirement assets between them. 3. The parties have agreed that Plaintiff, Sheila D. Swartz is to receive Nine thousand ($9,000.00) Dollars from the funds in the R.S. Mowery & Sons, Inc. 401(k) plan as her sole and separate property. Pursuant to this Stipulation and Qualified Domestic Relations Order, Plaintiff, Sheila D. Swartz is to receive $9,000.00 from said retirement account. IIII IIII -1- 4. The parties hereby agree that the attached proposed Qualified Domestic Relations Order should be issued as an Order of this Court pursuant to this Stipulation and the terms of the September 21, 2004 Marital Settlement Agreement. Date: ~J '~()(f Date: 2- / - 0 ~ tz -2- -11':' . 1"\}.. n (- ~, t"'~\ C.:::; \ ....;.) () ..!"\ ~ ~.,,,. (,:' i>.) C" ---------- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA y SHEILA D. SWARTZ, CASE NO. 2003-3902 Civil Term Plaintiff Vs. WESLEY A. SWARTZ, Defendant ACTION IN DIVORCE OUALlFIED DOMESTIC RELATIONS ORDER AND NOW, this ~ day of fe4. , 2006, it appearing to the Court that: 1. The parties hereto were married on April 30, 1994. They seek this Order in conjunction with a final decree of divorce dated October 26, 2005 that incorporated the terms of a Marital Settlement Agreement dated September 21, 2004 and their Stipulation dated Z / I ,2006. 2. Defendant, Wesley A. Swartz, Social Security Number 188-56-7573, hereinafter referred to as "Participant" through his current employer, RS Mowery & Sons, is a Participant in RS Mowery & Sons 401 (k) Plan. 3. The parties have agreed that a portion aforementioned RS Mowery & Sons 401(k) Plan constitutes marital property and have agreed to a division of that asset in a Marital Settlement Agreement dated September 21, 2004 and a Stipulation dated 7--/, ,2006. 4. The participant is fully vested in the RS Mowery & Sons 401(k) plan and no portion of the plan is presently obligated under another Qualified Domestic Relations Order. -3- ". i ~" c " roo t Jf ~\~ c':-- .(' .IB) .":' '\...' ,.., . , r,-' 1 ccl,i\7 ';'i' ' .",' ; ~'~I,/ . I i ~"..: w ' ~ 5. Participant's current and last known mailing address is 219 Dorothy Court, Shippensburg Mobile Estates, Shippensburg, PA 17257. 6. Sheila D. Swartz is hereinafter referred to as "Alternate Payee". Alternate Payee's current and last known mailing address is 839 Weaber Avenue, Palmyra, PA 17078. Alternate Payee's social security number is 203-56-6615. 7. To accommodate the marital property distribution between the parties IT IS ORDERED, ADJUDGED AND DECREED as follows: A. A portion of the RS Mowery 401(k) Plan funds are marital property subject to distribution by this Court. B. That the sum of Nine thousand ($9,000.00) Dollars shall be awarded as Alternate Payee's sole and exclusive property with full ownership rights thereof. C. Distribution of the sum of $9,000.00 from the RS Mowery & Sons 401(k) Plan to Alternate Payee shall be in any form permitted under the Plan, as elected by the Alternate Payee. D. Any and all remaining funds contained in Participant's RS Mowery & Sons 401 (k) Plan in excess of the $9,000.00 portion to be distributed to the Alternate Payee shall be the sole and separate property of the Participant subject to the applicable terms of the RS Mowery 401(k) Plan. 8. This Order does not require the RS Mowery & Sons 401(k) Plan to provide any type of benefits, or any option, not otherwise provided under the terms of the Plan, nor does it provide increased benefits. 9. The Alternate Payee shall have the right to roll over the benefits distributed to her pursuant to the terms and provisions of this Order to an eligible retirement plan such as -4- . , . ". an Individual Retirement Account or to an Individual Retirement Annuity. This transfer will be considered a tax-free rollover of the funds provided that the balance to the credit of the Alternate Payee is distributed or paid within one year of receipt. 10. The Alternate Payee shall also have the right to withdraw the funds designated to her without rolling over the funds into another retirement plan. If there are any federal and/or state income tax consequences to the Alternate Payee for such a withdrawal, that tax liability shall be the responsibility of Plaintiff and not the Defendant. 11. The parties shall promptly notify the Retirement Plan Administrator, Valley Forge Pension, 183 E. Water Street, Muncy, PA 17756, or any successor plan of any change in their addresses from those set forth above in this Order. 12. The parties shall promptly submit this Order to the Retirement Plan Administrator, Valley Forge Pension, 183 E. Water Street, Muncy, PA 17756 or any successor plan for determination of its status as a Qualified Domestic Relations Order. 13. IT IS INTENDED that this Order shall qualify as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984 and any successor acts or amendments. This Court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984. -5.