HomeMy WebLinkAbout07-7278WENDY SWARTZ,
Plaintiff
VS.
BRIAN C. SWARTZ, JR.,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
No. br1- r/?'?$ C.?w;l Tec-r?
: CIVIL ACTION - AT LAW - IN DIVORCE/
: CUSTODY
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 other claim or relief requested in these
papers by the Plaintiff. You may lose money or property or other rights important to you, including
custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
WENDY SWARTZ,
Plaintiff
VS.
BRIAN C. SWARTZ, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. ?-
CIVIL ACTION - AT LAW - IN DIVORCE/
CUSTODY
DIVORCE AND CUSTODY COMPLAINT
The Plaintiff, Wendy Swartz, by and through her attorneys, the Law Offices of Patrick F.
Lauer, Jr., L.L.C., makes the following Complaint in Divorce:
COUNT I - NO-FAULT DIVORCE - §§ 3301(c) or 3301(d)
1. The Plaintiff, Wendy Swartz, is an adult individual who currently resides at 405
Center Street, Enola, Cumberland County, Pennsylvania 17025.
2. The Defendant, Brian C. Swartz, Jr., is an adult individual who currently resides at
13 Rebecca Lane, Duncannon, Perry County, Pennsylvania 17020.
3. The parties have been bona fide residents of the Commonwealth of Pennsylvania for
at least six months immediately prior to the filing of this Complaint.
4. The parties were married on March 19, 1994, in Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties.
6. The marriage is irretrievably broken.
7. The Plaintiff has been advised that counseling is available and that the Plaintiff may
have the right to request that the court require the parties to participate in counseling.
8. This action is not collusive.
WHEREFORE, the Plaintiff requests this Honorable Court enter a Decree of Divorce in this
matter.
COUNT II - CUSTODYNISITATION - § 5303
9. Paragraphs one (1) through eight (8) are incorporated herein by reference.
10. There are two dependent children to this marriage as follows: Stevie Brook Swartz,
born July 7, 1995 (age 12) and Drew Matthew Swartz, born January 18, 1999 (age 8). The children
were not born out of wedlock.
11. The Plaintiff seeks primary physical custody of all children of this marriage.
12. The minor children are presently in the custody of both Plaintiff and Defendant, who
reside at 405 Center Street, Enola, Cumberland County, Pennsylvania 17025 and 13 Rebecca Lane,
Duncannon, Perry County, Pennsylvania 17020, respectively.
13. During the past five years, the children have resided at the following address with
the following persons:
Dates: Addresses:
June 2003 - present 405 Center Lane
Enola, PA 17025
List All Persons:
Mother, Wendy Swartz
Father, Brian C. Swartz, Jr.
126 Wheatfield Lane Mother, Wendy Swartz
July 1995- June 2003 Shermans Dale, PA 17090 Father, Brian C. Swartz, Jr.
14. The Mother of the children is the plaintiff, currently residing at 405 Center Street,
Enola, Cumberland County, Pennsylvania 17025. She is married, but separated from the defendant.
15. The Father of the children is the defendant, currently residing at 13 Rebecca Lane,
Duncannon, Perry County, Pennsylvania 17020. He is married, but separated from the plaintiff.
16. The relationship of plaintiff to the children is that of natural mother. She currently
resides with the two children.
17. The relationship of defendant to the children is that of natural father. He currently
resides alone.
18. The plaintiff has not participated as a party or witness, or in another capacity, in I
other litigation concerning the custody of the children in this or another court.
19. The plaintiff has no information of a custody proceeding concerning the children
pending in a court of this Commonwealth.
20. The plaintiff does not know of a person not a party to the proceedings who has
physical custody of the children or claims to have custody or visitation rights with respect to the
children.
21. The best interest and permanent welfare of the children will be served by granting
the relief requested, because:
a. Plaintiff can, provide the children with adequate moral, emotional, and
physical surroundings as required to meet the children's needs;
b. Plaintiff is willing to continue custody of the children;
C. Plaintiff continues to exercise parental duties and enjoys the love and
affection of the children.
22. Each parent whose parental rights to the children have not been terminated and the
person who has physical custody of the children has been named as parties to this action. No
other persons are known to have or claim a right to custody or visitation, and therefore no notice
will be given of the pendency of this action and the right to intervene, save as to the Defendant.
WHEREFORE, the Plaintiff respectfully requests this Honorable Court approve any
settlement reached between the parties; or, in the event they are unable to reach a settlement, grant
the Plaintiff rights of physical custody and/or visitation.
Respectfully
MarlinlC-M kley, Esquire
Law Office of Patrick F. Lauer, Jr., L.L.C.
2108 Market Street, Aztec Building
y Camp Hill, Pennsylvania 17011-4706
Date: (- Z'? r 2 `? ?. ( ID# 84745 Tel. (717) 763-1800
WENDY SWARTZ, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. No.
BRIAN C. SWARTZ, JR., CIVIL ACTION - AT LAW - IN DIVORCE/
Defendant CUSTODY
I verify that the statements made in this Complaint are true and correct. I understand that I
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities.
Date. Signature: ?o-J
endy Sw
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WENDY SWARTZ,
Plaintiff
vs.
BRIAN C. SWARTZ, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 2007 - 7278
CIVIL ACTION - AT LAW - IN DIVORCE/
CUSTODY
AFFIDAVIT OF SERVICE
TO THE PROTHONOTARY:
I, Marlin L. Markley, Esquire, verify the Complaint in Divorce has been served upon
the Defendant indicated above by first class, certified mail # 7002-2410-0002-0986-3967,
restricted delivery, return receipt requested, prepaid postage, pursuant to the requirements of
Pa. R.C.P. 1930.4.
¦ Complete Items 1, 2, and 3. Also compote
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
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A. SovAure 614, V ?
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Arran C ,S'-IL $('
D. Is delivery address different from item 1?
If YES, enter delivery address belowfiy
0 Yes
0 No
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3. Type
Mail 0 i xpress Mail
? Registeied T for Merchandise
0 Insured Mail C.O.D.
4. S extra Fee) jvYes
2. Article Number 7002 2410 0002 0986 3967
( WWW from W"ce b w
PS Form 3811, August 2001 Dort»etic Return Receipt 102595-02-M-1540
Respectfully submitt
may,.
arlin L. kley squire
Law Offices of Patrick F. Lauer, Jr., LLC
2108 Market street Aztec Building
I Z _ 7 Camp Hill, Pennsylvania 17011-4706
Date: ID# 84745 Tel. (717) 763-1800
O Agent
0 Addresses
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
W A-2TZ W ?-rc1? l
Plaintiff
Vs File No. 0-7 ?-?
IN DIVORCE
_
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Defendant
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff / defendant in the above matter,
[select one by marking "x"]
X prior to the entry of a Final Decree in Divorce,
or after the entry of a Final Decree in Divorce dated
hereby elects to resume the prior surname of r(1 C 1P h e r so --? , and gives this
written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704.
Date: ,P - //-05
Signature
c
Signatu of na e being resumed
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF?
On the 1 day of 200 before me, the Prothonotary or the
notary public, personally appeared the above affiant known to me to be the person whose
name is subscribed to the within document and acknowledged that he / she executed the
foregoing for the purpose therein contained.
In Witness Whereof, I have hereunto set my hand hereunto set my hand and official
seal.
// NOTARIAL SEAL rothonotry or?Notar, Public
LOMARLISLE HONOTARY, NOTARY PUBLIC
UMBERLAND COUNTY COURTHOUSE
SSION EXPIRES J ANUARY 4, 2010
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WENDY SWARTZ, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
U )-7;2--7R'
VS. :No.
BRIAN C. SWARTZ, JR., CIVIL ACTION - AT LAW - IN DIVORCE/
Defendant CUSTODY
STIPULATION
WHEREAS, the subject of this stipulation for custody is the >Plaintiffs and Defendant's,
children, Stevie Brook Swartz, born July 7, 1995, and Drew Matthew Swartz, born January 18,
1999; and
WHEREAS, the parties wish to enter into an agreement relative to custody, partial custody,
and visitation of the children; and
WHEREAS, it is in the best interest of the children that this Court decide the matter because
the children reside in Cumberland County, Pennsylvania, it is the desire of both parents and all
parties involved that the children continue to live with their Mother in Cumberland County, thus
giving this Court jurisdiction;
THEREFORE, in consideration of the mutual covenants, promises, and agreements as
hereinafter set forth, and intending to be legally bound, the parties agree as follows:
1. The parties will share joint legal custody of Stevie Brook Swartz, born July 7, 1995,
and Drew Matthew Swartz, born January 18, 1999. The parties agree that major decisions
concerning their children, including, but not necessarily limited to, the children's health, welfare,
education, religious training and upbringing shall be made by them jointly, after discussion and
consultation with each other, with a view toward obtaining and following a harmonious policy in
the children's best interest. Each party agrees not to impair the other party's rights to shared legal
custody of the children. Each party agrees not to attempt to alienate the affections of the children
from the other party. Each party shall notify the other of any activity or circumstance concerning
their children that could reasonably be expected to be of concern to the other. Day to day decisions
shall be the responsibility of the parent then having physical custody. With regard to any emergency
decisions, which must be made, the parent having physical custody of the children at the time of the
emergency shall be permitted to make any immediate decisions necessitated thereby. However, that
parent shall inform the other of the emergency and consult with him or her as soon as possible. Each
party shall be entitled to complete and full information from any doctor, dentist, teacher,
professional or authority and to have copies of any reports given to either party as a parent.
2. Mother, Wendy Swartz, shall have primary physical custody of the Children.
3. Father, Brian C. Swartz, Jr., shall have partial physical custody of the minor children
on alternating weekends from Friday after school (or 4:00 p.m. when school is out) until Sunday at
8:00 p.m., and two additional days every week, not to run consecutive to a weekend period of partial
custody, from 4:00 p.m. until 8:00 p.m.
4. The parents will alternate the following major holidays: Christmas segment A (4:00
p.m. Christmas eve until 11:00 a.m. Christmas Day), Christmas segment B (11:00 a.m. Christmas
day until 8:00 p.m. Christmas day), New Years (4:00 p.m. New Years Eve until 8:00 p.m. New
Year's day), Thanksgiving segment A (8:00 a.m. until 3:00 p.m.), and Thanksgiving segment B
(3:00 p.m. until 9 p.m.). Mother shall have custody on Mother's Day and the 0 of July from 8:00
a.m. until 8:00 p.m., and Father shall have custody on Father's day and Easter from 8:00 a.m. until
8:00 p.m.. This schedule will begin with the Father having the child on Christmas segment A.
5. The holiday schedule shall take precedence over the regular custody schedule.
6. The parties shall determine point half-way between their residences to make the
custody exchanges. If a party is going to be fifteen (15) minutes or more late for the scheduled
exchange time they are to contact the other party to let them know in advance.
7. Each parent shall be entitled to reasonable telephone contact with children when
the children are in the custody of the other parent.
8. Neither parent shall permanently relocate if the relocation would necessitate a
change in the visitation schedule or if the relocation would exceed a filly (50) mile radius without a
minimum notice of sixty (60) days to the other parent. The sixty (60) day notice is designed to
afford the parents an opportunity to renegotiate the custodial arrangement or to have the matter
listed for a Court hearing.
9. All communications between the parties shall be limited to issues concerning the
children.
10. Both parents shall refrain from making derogatory comments about the other parent
in the presence of the children and to the extent possible shall prevent third parties from making
such comments in the presence of the children.
11. This stipulation may only be altered by the mutual consent of Mother and Father.
12. It is the intention and desire of each of the undersigned parties that this Stipulation
be confirmed as an order of court, without requiring their presence before the court, pursuant to
Rule 1915.7.
Brian C. Swartz, Jr. ate Wendy Swar Date
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FEB 2 9 200801K
WENDY SWARTZ, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : No. 07-7278 Civil Term
BRIAN C. SWARTZ, JR., CIVIL ACTION - AT LAW - IN DIVORCE/
Defendant CUSTODY
CONSENT ORDER
AND NOW, this y of 2008, upon consideration of the attached
Stipulation of the parties in the above-captioned matter, consisting of three pages and bearing the
written consent of the parties,
AND upon direction of this court that the parties need not be present before the court in
order to incorporate their Stipulation into a consent order,
IT IS ORDERED that said Stipulation is incorporated herein by reference as if set forth in
full and approved as a Consent Order pursuant to Pennsylvania Rule of Civil Procedure, Rule
1915.7.
pismouinon:
Marlin Markley, Esq., 2108 Market Street, Camp Hill, PA 17011
11
-P.Richard Wagner, Esq., 2233 North Front Street, Harrisburg, PA 17110
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WENDY SWARTZ,
Plaintiff
VS.
BRIAN C. SWARTZ, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-7278 Civil Term
CIVIL ACTION - AT LAW - IN DIVORCE/
CUSTODY
PLAINTIFF'S AFFIDAVIT OF CONSENT
UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
December 3, 2007.
2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety
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.
4. I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to
unworn falsification to authorities.
Date: S Signature:
Wendy Sw
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WENDY SWARTZ,
Plaintiff
VS.
BRIAN C. SWARTZ, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-7278 Civil Term
CIVIL ACTION - AT LAW - IN DIVORCE/
CUSTODY
PLAINTIFF'S 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. 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.
4. I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to
unworn falsification to authorities.
/a io d8 _?
Date: Signature:
Wendy Swart?
Fr.
F -.
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DEC-04-2008 12:29 PM PATRICK LAUER
WENDY SWA.RTZ,
Plaintiff
vs.
BRIAN C. SWARTZ. JR.,
Defendant
P. 02
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 07-7278 Civil Term
CIVIL ACTION _, AT LAW - IN DIVORCE/
CUSTODY
DEFENDANT'S AFFIDAVIT OF CONSENT
UNDER SECTION 3301(c) OF THE DIVORCE CODE
A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
December 3, 2007.
2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety
days have elapsed from the date of the tiling 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. 1 verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to
unswom falsification to authorities.
Date: 12--F-0g Signature: &,?, - ? , 'a Z
Brian C. Swartz, Jr.
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DEC-04-2008 12:29 PM PATRICK LAUER
WENDY SWARTZ,
Plaintiff
VS.
BRIAN C, SWARTZ, JR.,
Defendant
P. 03
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-7278 Clvll 'term
CIVIL AC"PION - AT LAW - IN DIVORCE/
CUS'T'ODY
DEFENDANT'S WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. 1 consent to the entry of a final decree ol'divorce without notice.
2. 1 understand that I may lose rights concerning alimony, diNision 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 Cowi
and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary.
•I. I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to
unswom falsification to authorities.
12-y- Dg- &.;, o'.
Date; Signature.
Brian C. Swartz, Jr.
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WENDY SWARTZ, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : No. 07-7278 Civil Term
BRIAN C. SWARTZ, JR., CIVIL ACTION - AT LAW - IN DIVORCE
Defendant
THIS AGREEMENT by and between BRIAN C. SWARTZ, of Duncannon, Perry County,
Pennsylvania, hereinafter referred to as Husband; and WENDY SWARTZ of Enola, Cumberland
County, Pennsylvania, hereinafter referred to as Wife, WITNESSETH THAT:
WHEREAS, Husband and Wife were married on March 19, 1994, in Harrisburg,
Pennsylvania; and
WHEREAS, both Husband and Wife are bona fide residents of the Commonwealth of
Pennsylvania and have been for at least the past six months; and
WHEREAS, certain differences have arisen between the parties hereto and, as a
consequence, they have ceased living as Husband and Wife; and
WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights
and obligations, make an equitable distribution of their marital property, and determine their rights
to alimony, support, and all other matters which may be considered under the Divorce Code; and
WHEREAS, it is the intention and purpose of this Agreement to set forth the respective
rights and duties of the parties while they continue to live apart from each other and to settle all
financial and property rights between them; and
WHEREAS, the parties hereto have mutually entered into an agreement for the division of
their jointly owned assets, the provisions for the liabilities they owe, and provisions for the
resolution of their mutual differences, after both have had full and ample opportunity to consult
with attorneys of their respective choice, and the parties now wish to have that agreement reduced
to writing; and
WHEREAS, in preparing this Agreement and negotiations contemporaneously therewith,
Husband was represented by P. Richard Wagner, Esquire, and Wife was represented by Marlin L.
Markley, Esquire; and
1
NOW THEREFORE, the parties, in consideration of the mutual promises set forth
hereinafter, and for other good and valuable consideration, intending to be legally bound and to
legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant,
promise, and agree as follows:
1.1 SEPARATION. It shall be lawful for Husband and Wife at all times hereafter to.
live separate and apart from each other and to reside from time to time at such place or places as
they shall respectively deem fit, free from any control, restraint, or interference, direct or indirect,
by each other. Neither parry shall molest the other or compel or endeavor to compel the other to
cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall
not be taken to be an admission on the part of either party of the lawfulness of the causes leading to
them living separate and apart.
1.2 EFFECT OF RECONCILIATION. This Agreement shall not be deemed to have
been waived or otherwise affected by a reconciliation, cohabitation, or resumption of marital
relations between the parties. The parties shall not be deemed to have reconciled with the intention
of vitiating or terminating this Agreement unless they make such actions through a written
instrument, executed, and acknowledged in the same manner as this Agreement.
2.1 DIVORCE. ACTION. This Agreement is not predicated on divorce.
Notwithstanding the foregoing, it is, in fact, agreed and acknowledged between the parties that
Wife has filed a divorce action against Husband, and that both parties agree, as a condition to this
agreement, to execute the necessary divorce consents required by Section 3301(c) of the Divorce
Code, including the Waiver of Notice of Intent to Transmit Divorce Decree, so as to promptly
finalize said action. It is warranted, covenanted, and represented by Husband and Wife, each to the
other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation
is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband
and Wife each knowingly and understandingly hereby waive any and all possible claims that this
Agreement is, for any reason, illegal, or unenforceable in whole or in part. Husband and Wife do
each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever
be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement.
2.2 FINAL RFSOLITTION. It is further specifically understood and agreed that the
provisions of this Agreement relating to the equitable distribution of property of the parties are
accepted by each party as a final settlement for all purposes whatsoever. Should either of the
parties obtain a decree, judgment or order of separation or divorce in any other state, country, or
2
jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement
and all its covenants shall not be affected in any way by any such separation and divorce; and that
nothing in any such decree, judgment, order or further modification or revision thereof shall alter,
amend or vary any term of this Agreement, whether or not either or both of the parties should
remarry, it being understood by and between the parties that this Agreement shall survive and shall
not be merged into any decree, judgment or order of divorce or separation.
2.3 INCORPORATION OF AGRF.F.MF.NT INTO DRC'RFF, It is specifically
agreed that a copy of this Agreement shall be incorporated by reference into any divorce, judgment
or decree if or whenever sought by either of the parties hereto. Such incorporation, however, shall
not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive
any such judgment or decree.
3.1 CRITERIA OF DISTRIBUTION. The parties have attempted to divide their
marital property in a manner which conforms to the criteria set forth in Section 3502 of the
Pennsylvania Domestic Relations Code, and taking into account the following considerations: the
length of the marriage; the prior marriages of the parties; the age, health, station, amount and
sources of income, vocational skills, employability; estate, liabilities, and needs for each of the
parties; the contribution of one party to the education, training or increased earning power to the
other party; the opportunity of each party for future acquisition of capital assets and income; the
sources of income of both parties, including but not limited to medical, retirement, insurance or
other benefits; the contribution or dissipation of each party in the acquisition, preservation,
depreciation, or appreciation of marital property, including the contribution of a party as a
homemaker; the value of the property set apart to each party; the standard of living of the parties
established during their marriage; and the economic circumstances of each party, including federal,
state and local tax ramifications, at the time of the division of the property is to become effective.
3.2 SATISFACTION OF RIGHTS OF FnI11TAR1.F DISTRiBuTiON, The
division of existing marital property is not intended by the parties to constitute in any way a sale or
exchange of assets. The division of property under this Agreement shall be in full satisfaction of all
rights of equitable distribution of parties.
3.3 RELINQUISHMENT OF CLAIMS. Husband agrees to relinquish all claims to
any assets that may be acquired by Wife prior to the finalized divorce decree, and Wife agrees to
relinquish all claims to any assets that may be acquired by Husband prior to the finalized divorce
decree, except as may be otherwise set forth herein.
3
3.4 MARTIAL RESIDENCE. Husband agrees to vacate the marital residence and
transfer to Wife all of his interest in the marital residence at 405 Center Street, Enola, Cumberland
County, Pennsylvania 17025. Wife shall have sole and exclusive possession thereof, and Husband
shall cooperate with the execution of all documents in the usual form conveying, transferring, and
granting to Wife all his right, title, and interest in and to the marital residence. However, Husband
is not obligated to convey, transfer and grant to wife all his right, title, and interest in the marital
residence until wife has paid off the marital debts that she is obligated to pay under paragraphs 4.1 a,
4.1b, 4.1c, and 4.1d. This is specifically to provide Husband with security until those debts are
paid. It is Wife's intention to have the debts listed in paragraphs 4.1 a, 4.1 b, 4.1 c, and 4.1 d, paid off
within 120 days after signing this agreement.
3.5 PERSONAL PROPERTY. Wife shall give to Husband, the lawn mower and
weed wacker. Any other personal property has already been divided to their mutual satisfaction.
Each party hereby waives rights to any property in the possession of the other.
3.6 RETIREMENT. Each party has certain pension and retirement accounts which
shall become the sole and separate assets of the party in whose name they were titled. This
includes, but is not limited to, pension, individual retirement accounts, 401(k) and otherwise. Each
party hereby relinquishes any right, title, interest or claim they may have in and to the retirement
assets of the other.
3.7 WIFE'S WORKER'S COMPENSATION CLAIM. As a result of an accident
that occurred on October 30, 2005, Wife has an ongoing worker's compensation claim against Pet-
Valu International, Inc. Husband waives any equitable distribution claim that he may have to any
past, current, or future payment that Wife receives as a result of this claim.
3,8 VEHICLES. There are two marital vehicles, namely a 2005 Ford F-150 Truck
and a 2005 Dodge Caravan. The parties agree that HUSBAND shall take possession of the Ford
2005 Ford F-150 Truck and will undertake all financial responsibility for the Ford Truck,
including, but not limited to, loan payments, insurance premiums, and maintenance. The parties
also agree that WIFE shall take possession of the 2005 Dodge Caravan and will undertake all
financial responsibility for the 2005 Dodge Caravan, including, but not limited to, loan payments,
insurance premiums, and maintenance.
If, by the time of execution of this agreement, title has not been transferred to reflect sole
ownership of the 2005 Dodge Caravan in WIFE and sole ownership of the 2005 Ford F-150
Truck in HUSBAND, such arrangements shall be made within Thirty (30) days of the execution
date of this Agreement.
4
3.9 EQUITABLE DISTRIBUTION PAYMENT. Wife shall pay Husband the total
amount of $38,333.00, representing his equity in the marital estate. This amount shall be paid in
full directly to Husband within ten (10) days of wife's attorney receiving an "Affidavit of consent"
and "Waiver of Notice" signed by Husband.
4.1 nF.RTS. It is agreed that the parties have accumulated debt during the marriage and
that said debt shall be divided in the following manner:
a) Sears (Credit Account) - Wife shall be solely responsible for this debt with
an approximate balance of $3;247.73 and agrees to indemnify and hold Husband harmless as to
same;
b) Target (Credit Account) - Wife shall be solely responsible for this debt with
an approximate balance of $7,137.76 and agrees to indemnify and hold Husband harmless as to
same;
C) Cardmember Service (Credit Account) - Wife shall be solely responsible for
this debt with an approximate balance of $4,612.02 and agrees to indemnify and hold Husband
harmless as to same;
d) Harley Davidson Credit (default for motorcycle) - Wife shall be solely
responsible for this debt with an approximate balance of $5,400.00 and agrees to indemnify and
hold Husband harmless as to same;
e) Ford Motor Credit (Truck Loan) - Husband shall be solely responsible for
this debt with an approximate balance of $10,000.00 and agrees to indemnify and hold Wife
harmless as to same.
4.2 MORTGAGE FOR RESIDENCE LOCATED AT 405 CENTER STREET,
ENOLA, PENNSYLVANIA. Wife agrees to accept sole responsibility for the mortgage
encumbering the marital residence, and to hold Husband free and harmless from any and all liability
which may arise from said mortgage. Wife is to have the property refinanced into her name no later
than December 1, 2010. If Wife is ninety (90) days or greater late making any mortgage, tax, or
insurance payment on the property prior to refinancing the property into her name only or fails to
secure financing in her name for the property by December 1, 2010, then both parties will cooperate
with the sale of the property and any proceeds or liability resulting from the sale of the property will
be the sole property/responsibility of Wife.
5
4.3 SPECIFIC OUTSTANDING DEBTS OF RUSHANn, Husband agrees to accept
sole responsibility for, and to hold Wife free and harmless from any and all liability which may
arise from any account or debt that is solely in Husband's name.
4.4 SPECIFIC OUTSTANDING DEBTS OF WIFE. Wife agrees to accept sole
responsibility for, and to hold Husband free and harmless from any and all liability that may arise
from any account or debt that is solely in Wife's name.
5.1 WAIVER OF ALT ONY. Husband and Wife recognize and acknowledge that
the foregoing provisions for their individual benefit are satisfactory with regard to support and
maintenance, past, present and future. The parties release and discharge the other absolutely and
forever for the rest of their lives for all claims and demands, past present or future, for alimony,
alimony pendente lite or for any provisions for support and maintenance. The parties further
acknowledge that in consideration of the transfers made herein, each completely waives and
relinquishes any and all claims and/or demands they may now have or hereafter have against the
other for alimony, alimony pendente lite, spousal support, counsel fees and court costs.
6.1 ATTORNEYS FFFS UPON BREACH. Each of the parties agrees that should
either of them be in breach of contract and fail to comply with the terms of the Agreement herein
the breaching party shall be responsible for all court costs and attorney fees reasonably necessary to
enforce the Agreement.
6.2 AnViCF. OF C''OITNSFL The parties acknowledge that they have been given full
and fair opportunity to consult legal counsel regarding the legal effect of this agreement. They
acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is
being entered into freely and voluntarily, after having received such advice and with such
knowledge that execution of this Agreement is not the result of any duress or undue influence and
that is not the result of any collusion or improper or illegal agreement or agreements.
6.3 LEGAL FF.F.S. Husband and Wife agree to be responsible for their respective
legal fees.
6.4 CONTRACT INTERPRETATION. For purposes of contract interpretation and
for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement
was prepared jointly by their respective attorneys. Hershey Foods Corp. v. General Electric
Service Co., 619 A.2d 285 (Pa. Super. 1992).
6.5 MiiTiiAT. RELEASE. Husband and Wife each do hereby mutually remise,
release, quitclaim and forever discharge the other and the estate of such other, for all times to come
and for all purposes whatsoever, of and from any and all right, title, interest, or claims in or against
the property (including income and gain from property hereafter accruing) of the other, or against
the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at
any time hereafter may have against such other, the estate of such other, or any part thereof, whether
arising out of any former acts, contracts, engagements, or liabilities of such other as by way of
dower, curtesy, or claims in the nature of dower, curtesy, widow's or widower's rights, family
exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's
will, or the right to treat a lifetime conveyance by the other as testamentary, or any other rights of a
surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a)
Pennsylvania, (b) any state, commonwealth, or territory of the United States, or (c) any country.
The parties further release any claim to all rights which either party may have or at any time
hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite,
counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise,
except and only except, all rights and agreements and obligations of whatsoever nature arising or
which may arise under this Agreement or for the breach of any thereof. It is the intention of
Husband and Wife to give each other by execution of this Agreement a full, complete and general
release with respect to any and all property of any kind of nature, real or personal, not mixed, which
the other now owns or may hereafter acquire, except and only except, all rights and agreements and
obligations of whatsoever nature arising or which may arise under this Agreement or for the breach
of any thereof. Both parties acknowledge that they have been advised that each may have the right
to assert a claim for spousal support, alimony, alimony pendente lite, attorneys fees, costs and/or
expenses. Except as otherwise provided herein, each party hereby waives any right to such
economic claims ancillary to the divorce and accepts the provisions of this Agreement relating to
these claims as a final settlement for all purposes, as contemplated by the Pennsylvania Divorce
Code.
6.6 WARRANTIES. Each party represents that they have not heretofore incurred or
contracted for any debt or liability or obligations for which the estate of the other party may be
responsible or liable, except as may be provided for in this Agreement. Each party agrees to
indemnify or hold the other party harmless from and against any and all such debts, liabilities or
obligations of each of them, including those for necessities, except for the obligations arising out of
this Agreement. Husband and Wife each warrant, covenants, represent and agree that each will,
now at all times hereafter, save harmless and keep the other indemnified from all debts, charges,
and liabilities incurred by the other after the execution date of this Agreement, except as is
otherwise specifically provided for by the terms of this Agreement and that neither of them
hereafter incur any liability whatsoever for which the estate of the other may be liable.
7
6.7 MODIFICATION. No waiver or modification of any of the terms of this
Agreement shall be valid unless in writing and signed by both parties, and no waiver of any
enforcement claims for breach or default shall be deemed a waiver of any subsequent default of the
same or similar nature.
6.8 12GCTIMF.NT EXECUTION. The parties agree that they will promptly execute
any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other
writings as may be necessary or desirable for the proper implementation of this Agreement, and as
their respective counsel shall mutually agree should be so executed in order to carry out fully and
effectively the terms of this Agreement.
6.9 GOVERNING LAW. This Agreement shall be construed in accordance with the
laws of the Commonwealth of Pennsylvania which are in effect as of the execution date of this
Agreement.
6.10 BINDING, This Agreement shall be binding and shall inure to the benefit of the
parties hereto and their respective heirs, executors, administrators, successors, and assigns.
6.11 ENTIRE AGREEMENT. This Agreement constitutes the entire understanding of
the parties and supersedes any and all prior agreements and negotiations between them. There are
no representations or warranties other than those expressly set forth herein.
6.12 SF,VF.RARii,ITY. If any term, condition, clause, section, or provision of this
Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that
term, condition, clause, or provision shall be stricken from this Agreement, and in all other respects,
this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure
of any party to meet his or her obligation under any one or more of the articles and sections shall in
no way void or alter the remaining obligations of the parties. The parties expressly represent that
the headings of each paragraph are solely for purposes of convenience and are not to be construed
as controlling.
6.13 EQUITABLE DiViSiO . It is specifically understood and agreed that this
Agreement constitutes an equitable distribution of property, both real and personal, which was
legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as
contemplated by the Divorce Code of the Commonwealth of Pennsylvania.
6.14 DISCLOSURE The parties warrant and represent that they have made a full
disclosure of all assets prior to the execution of this Agreement and that this agreement was entered
into in reliance upon that disclosure.
6.15 ENFORCE ABILITY AND CO IM. This Agreement shall survive
any action for divorce and decree of divorce and shall forever be binding and conclusive on the
parties, and any independent action may be brought, either at law or in equity, to enforce the
terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and
performed. The consideration for this contract and agreement is the mutual benefits to be
obtained by both of the parties hereto and the covenants and agreements of each of the parties to
the other. The adequacy of the consideration for all agreements herein contained and stipulated,
confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the
event either party breached the aforesaid Agreement and it is determined through appropriate
legal action that the alleged party has so breached the Agreement, the breaching party shall be
responsible for any and all attorney's fees as well as costs and expenses associated with litigation
incurred by the non-breaching party to enforce this Agreement against the breaching parry.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year written.
13topq e:??YOJ o-iv-6s,
Brian C. Swartz, Jr. ate Wendy Sw Date
9
Commonwealth of Pennsylvania:
SS
County of otcaA" :
PERSONALLY APPEARED BEFORE ME, this ,4? day of 2008, a
notary public, in and for the Commonwealth of Pennsylvania, Brian C. Swart? Jr., known to me
(or satisfactorily proven to be) the person whose name is subscribed to the within agreement and
acknowledged that he executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public
COMMONVVEALTh OF PENNSYLVANIA
Notarial Seal
Debra K. Spinne', Notary Public
City Of Hamslwng, Dauphin County
My Commission Expires Sept. 3, 2011
Member. Pennsylvania Association of Notaries
Commonwealth of Pennsylvania:
County of C??r,ZI.? Qa x?~< :
SS
PERSONALLY APPEARED BEFORE ME, this /At day of )9 -LAU,,mbO ;-2008, a
notary public, in and for the Commonwealth of Pennsylvania, Wendy Swartz, known to me (or
satisfactorily proven to be) the person whose name is subscribed to the within agreement and
acknowledged that he executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Nota?al Seat
Tina N1. Gartinger, Notary Public
New Cumberland Boro, Cumberland County
My Commission Expires Mar. 24,2M9
Member, Pennsylvania Association of Notaries
10
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WENDY S WARTZ,
Plaintiff
Vs.
BRIAN C. SWARTZ, JR.,
Defendant
To the Prothonotary:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 07-7278
CIVIL ACTION - AT LAW - IN DIVORCE/
CUSTODY
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) §3 3 d)(f)
of the Divorce Code. (Strike out inapplicable section)
2. Date and Manner of service of the Complaint:
Defendant, Brian C. Swartz, Jr., accepted service of the Complaint on December 6, 2007.
See attached Acceptance of Service.
3. (Complete either paragraph (a) or (b).)
(a) Date of execution of the affidavit of consent required by § 3301(c) of
the Divorce Code: by the Plaintiff December 10,?008-
by the Defendant December 8,2008
(b) Date of execution of the affidavit required by § 3301(d) of the
Divorce Code: ;
Date of filing of the Plaintiffs affidavit upon the respondent: ;
Date of service of the Plaintiffs affidavit upon the respondent:
4. Related claims pending: Please inenrnorate, without merging, the attached
Pnstm? i_ntial Agreement.
5. (Complete either paragraph (a) or (b).)
(a) Date and manner of service of the Notice of Intention to File
Praecipe to Transmit Record, a copy of which is attached, ;
(b) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with
the prothonotary: filed simultaneously w/Prae .in .;
Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed
with the prothonotary: filed simultaneously w/Pr .
Marlin rces ar y, Esquire
Law Ofo Patrick F. Lauer, Jr., LLC
2108 Market treet, Aztec Building
j2-/0-20Q? Camp Hill, Pennsylvania 17011-4706
Date: ID# 84745 Tel. (717) 763-1800
` C°9?h ?l
WENDY S WARTZ,
Plaintiff
vs.
BRIAN C. SWARTZ, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 2007 - 7278
CIVIL ACTION - AT LAW - IN DIVORCE/
CUSTODY
AFFIDAVIT OF SERVICE
TO THE PROTHONOTARY:
I, Marlin L. Maikley, Esquire, verify the Complaint in Divorce has been ser??d uWn
r7 .r-A?
the Defendant indicated above by first class, certified mail # 7002-2410-0002-086-396r? -
?.? r'ra
restricted delivery, return receipt requested, prepaid postage, pursuant to the rgdu_iremennts of :r;
Pa: R.C.P. 1930.4., ¦ item 4 4l f items 1, 2, and 3 Alsq complete A. Signaturd
item if Restricted Delivery is desired._ 0
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i Print your name and address on the reverse
so that we can return the card to you.
R ee?vved bj/ t Pnn
11111` Attach this card to the back of the mailpiece,
-_ or on the front- f._spice
D. Is delivery address
1. Article'Addressed to: If YES, enter delivi
_L0 3. Service Type
? Registered
? Insured Mail
2. Article Number
(transfer from, service /abet)
Ps Form 3811; August 2001
ez)
Date: I, ?- 7 r 7-17
? Agent
0 Addressee 1
i Na w e), G Dafe of Delivery
ferent from item •1? ? Yes-,
address below' ,D No.
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0 Express Mail
eturn Receipt for Merchandise
C.O.D.
(Extra Feel Y?Yes
70122 241,2 2002 0986- 3967
Domestic Return Receipt 102595-o2-M-15401
Respectfully submitt
z,-Marlin L. M-a'rkleyiEsqunre
Law Offices of Patrick F. Lauer, Jr., LLC
2108 Market Street, Aztec Building
Camp Hall, Pennsylvania 17011-4706
ID# 84745 Tel. (717) 763-1800
cl
WENDY SWARTZ
V.
BRIAN C. SWARTZ, JR.
IN THE COURT OF COMMON PLEA) OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-7278 CIVIL TERM
DIVORCE DECREE
AND NOW, , fa-, it is ordered and decreed that
WENDY SWARTZ
BRIAN C. SWARTZ, JR.
bonds of matrimony.
, plaintiff, and
, defendant, are divorced from the
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.") ilJP,#,-
Postnuptial Agreement
By the Co'u
Attest: " J.
l
Prothonotary
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