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HomeMy WebLinkAbout03-6307Debra Sweigart, Alan Sweigart, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03- Lp 307 CIVIL TERM Defendant IN DIVORCE NOTICE TO DEFEND 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 Court House, High and Hanover Streets, Carlisle, PA. 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 2 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249-3166 or (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible 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 conference or hearing. Debra Sweigart, Alan Sweigart, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03- 6307 CIVIL TERM Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Debra Sweigart, an adult individual, who currently resides at 34 Marilyn Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Alan Sweigart, an adult individual, who currently resides at 34 Marilyn Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on November 10, 2001 in Harrisburg, Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Respectfully submitted, ROMINGER & BAYLEY Date: l 01 Mark F. Bayley, Esquire 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 87663 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: a43 Debra Sweigart, Plaintiff Selo rc, ? w"P', q ar? vs Case No. lJ ? C :, Jo -7 A?avl SW a Statement of Intention to Proceed To the Court: (-4 7L,)42 Q f intends to proceed with the above captioned matter. Print Name r k r. V e ?? Sign Name ?J Z 1-?? e l' ?? Date: Attorney for Li Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. r' Debra Sweigart, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-6307 CIVIL TERM Alan Sweigart, : IN DIVORCE Defendant, CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the within Statement of Intention to Proceed upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Dirk E. Berry, Esquire 44 S. Hanover St. Carlisle, PA 17013 Dated: I /L - Mark F. Bayle , Esquire Attorney for Plaintiff t7 C , J3 m ? t? mac. ?vr? d ?' ??wt„u?.c FIBS to , e t C L vs A[, , 1,-? Case No. os -a To Statement of Intention to Proceed To the Court: (? ()(1 lC.t ??l-}-? ?}...? intends to proceed with the above captioned matter. Print Name I-Ma" .l C(y,, 1A1. Sign Name Date: Attorney for r Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. Debra Sweigart, . IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Alan Sweigart, NO. 03 - 6307 CIVIL TERM Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Alan Sweigart 125 W. Main St. Mechanicsburg, PA 17055 L \ ?!\? Mark F. Bayley, Es wire Dated: v V OFJWMM M OCT $3 M M3 Debra Sweigart, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Alan Sweigart, NO. 03-6307 CIVIL Defendant IN DIVORCE PRAECIPE TO AMEND DIVORCE COMPLAINT TO THE PROTHONOTARY: Please amend the above captioned matter to include sections 3301C and 3301D of the Divorce Code. Date: Respectfully submitted, Rominger & Asaociutes E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff/Petitioner Debra Sweigart, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Alan Sweigart, NO. 03-6307 CIVIL Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, do hereby certify that I served a copy of the Praceipe to Amend Divorce Complaint upon the following by depositing same in the United States mail, certified, with return receipt, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Alan Sweigart, pro se 125 West Main Street Mechanicsburg, Pennsylvania 17055 Date: Respectfully submitted, Rominger & Associates K Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff/Petitioner Debra Sweigart, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vi. CIVIL ACTION - LAW Alan Sweigart, NO. 03-6307 CIVIL Defendant IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a counter-affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or around October, 2005, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. 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. c Date: 4ebLraSw-eiga&rt/Plii6iff Debra Sweigart, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vii. CIVIL ACTION - LAW Alan Sweigart, NO. 03-6307 CIVIL Defendant IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301td) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because Check (i), (ii) or both): (i) period of at least two years. (ii) 2. Check either (a) or (b): (a) understand that I may lose rights cons do not claim them before a divorce is The parties to this action have not lived separate and apart for a The marriage is not irretrievably broken. I do not wish to make any claims for economic relief. I =nmg alimony, division of property, lawyer's fees or expenses if I granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking.(b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-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. Daze: Alan Sweigart, Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you need not file this counter-affidavit. 2 Debra Sweigart, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Alan Sweigart, NO. 03-6307 CIVIL Defendant IN DIVORCE PRAECIPE TO ENTER/WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please enter my appearance for the Plaintiff, Debra Sweigart in the above captioned case. Date: zed 1*"?)--------L-- Karl . Rominger, Esquire ROMINGER & ASSOCIATES 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff Please withdraw my appearance for the Plaintiff, Debra Sweigart in the above captioned case. Date: ? 2-Z?(- ccC) L??& k F. Bayley, Z4quire BAYLEY & MANGAN 17 West South Street Carlisle, Pennsylvania 17013 (717) 241-2446 Supreme Court I.D. # 87663 r L' , .. ,. t- . p3-!0307 2010 f t: C't'it? .J` 0 9 Y MARITAL SEPARATION AGREEMENT THIS AGREEMENT, entered into on the specified date below, by and between Debra Sweigart, (hereinafter referred to as "WIFE") and Alan Sweigart, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on November 10, 2001; 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 obligations as between each other, including, without limitation by specification; the settling of all matters between them relating 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 property and alimony for each party. NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. 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. 2. The parties have attempted to divide their matrimonial property in a manner that conforms to a just and right standard, with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever determine 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 parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, 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. 4. 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 is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 5. Each party to this agreement acknowledges and declares that he or she, respectively: A. Enters into this agreement voluntarily after receiving the advice of counsel, or has voluntarily decided not obtain counsel after having the opportunity to do so; B. Is fully and completely informed of the facts relating to the subject matter of this agreement and of the rights and obligations of the parties; C. Has given careful and serious thought to the making of this agreement; D. Has carefully read each provision of this agreement; and E. Fully and completely understands each provision of this agreement, both as to the subject matter and legal effect. 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 of Marital Property for inadequate consideration without the prior consent of the other. Each party acknowledges that, to the extent desired, he or she has had access to all of the above information from the other party. 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 both parties during the marriage. 7. DEBTS AND LIABILITIES: It is further mutually agreed by and between the parties that HUSBAND will be responsible for the following debts, liabilities, contracts and payments relating to the same: a. Fidelity Mortgage secured by the marital residence at 1140 Latimore Creek Road, York Springs, Pennsylvania. b. Taxes, insurance and all other upkeep expenses regarding the marital residence at 1140 Latimore Creek Road, York Springs, Pennsylvania. The parties agree that HUSBAND will transfer the mortgage and all other contracts regarding the above residence out of WIFE's name as soon as possible. C. Should HUSBAND fail to make timely payment on the initial due dates for the above stated mortgage or any taxes, insurance or other contracts relating to the real estate at 1140 Latimore Creek Road, York Springs, Pennsylvania, while WIFE's name is still on the mortgage, the parties agree that the above real estate will be listed for sale with a realtor selected by WIFE. In this case, the above real estate will be sold at its fair market value which will be determined by WIFE. Additionally, HUSBAND will be responsible for any and all closing costs and unpaid taxes, insurance, mortgage and other contract debts associated with the real estate. If the sales price of the real estate exceeds all of the above debt, HUSBAND will be entitled to all of the profit. d. WIFE may opt not to enforce her rights under the above paragraph 7 c. if HUSBAND makes a late payment after an untimely payment; however, if WIFE opts not to enforce paragraph 7 c. on any occasion, it does not preclude her from doing so on any subsequent untimely payment. If WIFE opts not to exercise her rights under paragraph 7 c. after late payment has been made in full, she most do so in writing. If such a writing is issued to HUSBAND and HUSBAND is up to date on all of the above mentioned payments, WIFE may not exercise her rights under 7 c. unless HUSBAND again fails to make a timely payment. 8. REAL ESTATE: The parties agree that HUSBAND shall be the sole owner of the marital residence located at 1140 Latimore Creek Road, York Springs, Pennsylvania, at the time he successfully removes WIFE's name from the relating mortgage and all other contracts relating to said real estate at no cost to WIFE. 9. CASH ASSETS AND OTHER ASSETS: The parties agree that WIFE will transfer in cash a total of six thousand three hundred dollars ($6,300.00) to HUSBAND. HUSBAND acknowledges that he has already received one thousand dollars ($1,000.00) towards the above amount. WIFE will transfer three thousand dollars ($3,000.00) towards the above amount to HUSBAND at the time this agreement is executed. WIFE will transfer the remaining two thousand three hundred dollars ($2,300.00) towards the above amount to HUSBAND after HUSBAND has transferred the mortgage and all other contracts regarding the marital residence at 1140 Latimore Creek Road, York Springs, Pennsylvania, out of WIFE's name pursuant to paragraph 7(b) of this agreement. The Parties have previously separated cash assets and other assets not otherwise mentioned by this Agreement to their satisfaction. 10. PERSONAL PROPERTY: a. The Parties have previously separated all personal property not mentioned by this agreement to their satisfaction. The respective Party currently possessing personal property not mentioned by this Agreement at the time this Agreement is executed will assume full ownership of said property. 11. SUPPORT AND ALIMONY: Both parties hereby waive and forego all financial and material spousal support from each other and agree not to request or seek to obtain alimony or spousal support before or after any divorce which may be granted. 12. RETIREMENT ACCOUNTS a. HUSBAND will assume full ownership of any and all retirement and/or investment account that were earned through his employment. b. WIFE will assume full ownership of any and all retirement and/or investment accounts that were earned through her employment. 13. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, 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, right 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, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. Additionally, each party waives and relinquishes any and all rights to share in any estate inheritances or bequests the other may receive and/or be entitled to. 14. INCOME TAX RETURNS: All future income tax returns will be filed separately and the parties will each retain any refund due to them. 15. DIVORCE: HUSBAND and WIFE agree to voluntarily execute all necessary documents to finalize a divorce. Documents necessary to finalize the divorce will be signed and returned by both parties within fifteen (20) days after this agreement is fully executed. 16. BREACH: In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 17. ADDITIONAL INSTSRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this agreement. 18. VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect are fully understood by both parties. WIFE's legal counsel is Mark F. Bayley, Esquire. HUSBAND is not represented and understands that he may obtain his own counsel to review this agreement and his rights if he wishes to do so. 19. ENTIRE AGREEMENT: This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings 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 AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. 22. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them Notwithstanding such incorporation, this Agreement shall not be merged into the Decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 23. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 24. MARITAL DEBT: Each party hereby confirms they have not incurred any additional debt not already referred to by this agreement since their separation that has in any way obligated the other party. Neither party will take any action to incur additional debt of any nature whatsoever in the other party's name from the date of execution of this Agreement forward. 25. EQUITABLE DISTRIBUTION: 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 Act of April 2, 1980 (P.L. No. 63, No. 26), known as "The Divorce Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended. 26. SUMMARY OF EFFECT OF AGREEMENT: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 27. RECONCILIATION: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this Agreement or cause any new marital rights or obligations to accrue. 28. SEVERABILITY: If any term, condition, clause 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 her or his obligations under any one or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 29. NO WAIVER OF DEFAULT: This agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall Y , in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 30. INTEGRATION: 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. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 31. EFFECT OF DIVORCE DECREE: 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. 32. NOTICES: Any and all notice given hereunder shall be in writing and shall be sent certified mail to the below address or to an alternate address provided in writing: a. To WIFE in care of Mark F. Bayley, Esquire at 155 S. Hanover Street, Carlisle, PA 17013. b. To HUSBAND at 1140 Latimore Creek Rd, York Spings, PA, 17372. 33. WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 34. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall insure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 35. This agreement shall become effective immediately upon its execution by both parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date indicated below. WITNESSES: Z 71 Debra Sweigart, Date /,.i' ° L an * eigart Date COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS PERSONALLY APPEARED BEYORE ME, a notary public for Cumberland County Pennsylvania, this is -- day of , 2005, Debra Sweigart, known to me (or satisfactorily proven) to be the person who name is subscribed to the within agreement, and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHREOF, I have hereunto set my hand and official seal. NVA- rt Seal Linda I Ji MWI roary Awk Cwbe Bore, Cwnb& a W County W Cuwksion Expiras Juty 23.2006 iWember. Penrayararia ?ocietion a ivo?. tary Pu c r. SS COUNTY OF CUMBERLAND `- PERSONALLY APPEARED BEFORE ME, a notary publiVf r Cumberland County Pennsylvania, this ? day of ., 4 , 2005, Alan ;;A, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that he executed the same for the purposes therein contained. COMMONWEALTH OF PENNSYLVANIA IN WITNESS WHREOF, I have hereunto set my hand and official seal. Notary Public Kota W Sod C toy 0or W"M Expires Juiy 23 2006 Mrmber• y i he.oci?on of xwradrs OF ,A?Y 20 10 Ht 0 9 Debra Sweigart, Plaintiff V. Alan Sweigart, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-6307 CIVIL IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under § 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: February 11, 2010, was served on Defendant by Private Process Service, an Affidavit of Service is attached hereto as Exhibit "A". 3. Related claims pending: None. 4. (1) Date of execution of the Plaintiff's Affidavit required by §3301 (d) of the Divorce Code: December 29, 2009; (2) Date of filing and service of the Plaintiff s Affidavit upon the Respondent: Filed December 29, 2009, and served February 11, 2010, by Private Process Service. 5. Date and manner of service of the Waiver of Notice to file praecipe to transmit record, a copy of which is attached: March 3, 2010, via first class mail Exhibit "B" Respectfully Submitted, Rominger & Associates Date: March 23, 2010 E. Rominger, Esquire 155 Hanover Street Carlisle, Pennsylvania 17013 Supreme Court ID # 81924 (717) 241-6070 Attorney for Plaintiff AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania Case Number: 03-6307 Plaintiff: Debra Sweigart vs. Defendant: Alan Sweigart For Karl Rominger Rominger & Associates County of Cumberland Common Pleas Court Received by Pennsylvania Professional Process Svc. to be served on Alan Sweigart, 125 West Main St., Mechanicsburg, PA 17055. i, being duly sworn, depose and say that on the day of 20 "at . m:, executed service by delivering a true copy of the Letter, Praecipe to Amend Divorce Complaint, -Certificate of Svc, Affidavit signed by PLaintiff & Counter Affidaivt for Defendant in accordance with state statutes in the manner marked below: INDIVIDUAL SERVICE: Served the within-named person. () SUBSTITUTE SERVICE: By serving as (} NON-SERVICE: For the reason detailed in the Comments Below () OTHER COMMENTS: =r I certify that I have no interest in the above action, am of legal age and have proper authority in the jurisdiction in which this service was made. PROCESS RVER # Appointed in accordance with State Statutes COMMONWEALTH OF PENNSYLVANIA NotWW Seal M. Michelle Guyton, Notary PuWic CwbWe Sam, Cumberland County My Cananiesion E30m July 1, 2012 Member, Pennsylvania Association of Notaries Pennsylvania Professional Process Svc. 48 W. High St. P.O. Box 1148 Carlisle, PA 17013 (800) 863-2341 Our Job Serial Number: 2010000056 Copyright 0 1992.2005 Database Services, Inc. - Process Server's Toolbox V5.51 RomINGER A.SSOcIATES Attornevs at Law Karl E. Rominger Michael O. Palermo, Jr. Vincent i%,I. 2%Ion-fredo March 3, 2010 Alan Sweigart 125 West Main Street Meehanicsburg, Pennsylvania 17055 RE: Sweigart v. Sweigart Docket No.: 06-6307 Dear Mr. Sweigart: Enclosed please find a Notice of Intention to Request Entry of Divorce Decree for the above referenced matter. Should you have any questions, you should consult an attorney of your own choosing. Sin ely, E. Rominger, Esquire KER/tlp Enclosure cc: Debra Sweigart (w/Enclosure) 153 South Hanover Street, Carlisle, Pennsylvania 17013 - Tel: (717) 241-6070 - Fax: (717) 241-6878 www.romingerlaw.com ADVOCACY • ADVICE • ANSWERS G&- 6 A X?lz I f Debra Sweigart, IN THE COURT OF COiv1MON PLEAS OF Plaintiff CUMBERLAND COUNTY, PEtiISYLVANIA V. CIVIL ACTION - LAW Alan Sweigart, NO. 03-6307 CIVIL Defendant E'' DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: Alan Sweigart You have been sued in an action for divorce. You have failed to answer the complaint or file a counter- affidavit to the Plaintiffs § 3301 (d) affidavit. Therefore, on or after March 23, 2010 the plaintiff can _request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. A COUNTERAFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. 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 WARE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Aveue Carlisle, PA 17013 Telephone No. (717) 249-3166 Debra Sweigart, IN IHE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Alan Sweigart . NO. 03-6307 CIVIL Defendant IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. ___(b) I oppose the entry of a divorce decree because Check (i), (ii) or both): (i) period of at least two years. (ii) 2. Check either (a) or (b): The parties to this action have not lived separate and apart for a The marriage is not irretrievably broken. (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to bequest Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. 1 verify that the statements made in this counter-affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4404 relating to unsworn falsification to authorities. Date: Alan Sweigart, Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you need not file this counter-affidavit.