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HomeMy WebLinkAbout04-4830KELLY SWANK, Plaintiff VS. JOEL SWANK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :No. or- : CIVIL ACTION - AT LAW IN DIVORCE NOTICE TO DEFEND AND ,CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. ffyou 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 you, including custody or visitation of your children. When the ground for the divorce is indignities e,r 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, Harrisburg Pennsylvania. ]~ YOU DO NOT F~.R A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAEVI ANY OF THEM. YOU SHOULD TAKE Tl:llg 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 B3dg ASSOCIATION 2 LIBERTY AVEI~II. IE CARL/SLE, PENNSYLVANIA 17013 (SOO) 990-910S KELLY SWANK, Plaintiff VS. JOEL SWANK, Defendant : IN THE COUPLE OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :No. oa. ~t~o ~ T'~- : CIVIL ACTION - AT LAW IN DIVORCE ,COMPLAINT FOR DIVORCE AND NOW, comes the above captioned Plaintiff,, through her attorneys, The Law Offices of Patrick F. Lauer, Jr., L.L.C., and makes the following averments: 1. Plaintiff is Kelly Swank, an adult individual, who currently resides at 714 West Siddonsburg road, Dillsburg, County of Cumberland, and State of Pennsylvania. 2. Defendant is Joel Swank, an adult indMdual, who currently resides at currently resides at 2130 Wentworth Drive, Camp Hill, Cumberland County, and State of Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. COUNT I- COMPLAINT FOR DIVORCE PURSUANT TO 3301(e) AND 3301(d} OF THE DIVORCE CODE The Plaintiff, through her attorney's, seeks to obtain a Decree in Divorce fi.om the above named Defendant, Joel Swank, upon the grounds hereina_/~e~- set forth: 4. Paragraphs one (1) through three (3) are incorporated herein through reference. 5. The Plaintiff and Defendant were married on May 27, 1995. 6. The Plaintiffand the Defendant are both citizens of the United States of America. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdietion. 8. The 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. 9. The Plaintiff avers that the marriage is in:etrievably broken. WHEREFORE, the Plaintiffrespectfully requests that this Honorable Court enter a Decree in Divorce. 9P0h~b. Caraciolo, Esquire Market Street, Aztec Building Hill, Pennsylvania 17011-4706 919 Tel. (717) 763-1800 KELLY SWANK, Plaintiff VS. JOEL SWANK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. : : CIVIL ACTION - AT LAW IN DIVORCE VERll~ICATION I verify that the statements made in this Complaint for Divorce are true and correct. understand that false statements herein are made subje~a to the penalties of 18 Pa. C.S. § relating to unswom falsification to authorities. KELLY SWANK, Plaintiff VS. JOEL SWANK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. : CIVIL ACTION - AT LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Complaim for Divorce upon the person and in the manner indicated below, which service satisfies the requirements &the Pennsylvania Rules of Civil Procedure, by mailing a copy of the same, certified mail, return receipt requested, to the person named as follows: Joel Swank 2130 Wentworth Drive Camp Hill, PA 17011 J~/,g~h 1~. Caraciolo, Esquire ~,08 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 90919 Tel. (717) 763-1800 SEPARATION AND PROPERTY SETTLEMENT AGREEMENT OF JOEL L. SWANK AND KELLY Y. SWANK THIS AGREEMENT, made this ~, between JOEL L. SWANK, hereinafter referred to as" hereinafter referred to as " Wife". day of ,;bruMMJ ' 2004, by and Husb~" and KELLY Y. SWANK WITNESSETH: WHEREAS, Husband and Wife were lawfully married on 27TH day of May, 1995. WHEREAS, certain differences have arisen between the parties as a result of which they have separated and, and are desirous, therefore, of entering into an agr<:ement which will provide for support. distribute their marital property, and will provide for their mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised, have come to the following agreement. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs successors and assigns thereby, covenant, promise and agree as follows: I. SFPARATlON' It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. INTFRFFRFNCF. Each party shall be free from interference, authority and contact by the other as fully as if he or she was single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried 3. W1FF'S OFRTS' Wife represents and warrants to Husband that since their separation on or about August 14'1, 2004. she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnity and save Husband harmless from any and all claims and demands made against him by reasons of debts or obligations incurred by her subsequent to the entry of the divorce decree. 4. mr~RANn'~ nICRT~' Husband represents and warrants to Wife that since their separation on or about August 14 ,b 2004, he has not. and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemniry and save Wife harmless from any and all claims and demands made against her by reasons of debts or obligations incurred by him. (A) 01lT~TANnTNr. MARITAl. nFRT~' It is represented as between the parties that there are currently joint marital debts incurred during the marriage and consisting of a home mortgage and financing on a marital home and a vehicle loan. 5. I Fr.AI. RICPRICSF,NTATlON It is hereby acknowledged and understood as between the parties to this agreement that each is entitled and encourages to retain legal counsel of his or her choosing. Husband is represented by Gregory S. Hazlett, Esquire. Wife has been advised and encouraged to retain counsel of her choosing to represent her legal interests. Each party has been fully advised of their respective legal rights and responsibilities and have accordingly reached this agreement voluntarily and knowingly. 6. MIlTI1AJ RFI.FASIC. Subiect to the provisions of this Agreement, each party waives his or her right to any and all legal or equitable claims not otherwise provided for or allowed within this agreement, inasmuch as the parties herelu agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980, as amended. Subject to the provisions oHhis Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives. executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each pany also waives his or her right to request marital counseling pursuant to Section 202 of the Divorce Code. 7. FQIIITARI.F mSTRfRrrTlON OF MARITAl PROPFRTY.:. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set torth in Section 40] of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the age, health, station, amount and sources of income, vocntional skills, employability, estate, liabilities and needs of each of the parties: the contribution of each party to the education. training or increased earning power of the other party; the opportunity of each party fllr future acquisitions 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 the marital property, including the 2 contribution of each spouse as a homemaker; the value of the property set apart to each party: the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the par6es to constitute in any way a sale or exchange of assets, funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A mSTRTRllTTON OF PFRSONAI PROPFRTV Tlw p~rtie, have rp.~~he:rl (In amiC':Hhle Hereement ::I" to the cfivisiol1 of :111 per"on:ll items cnll"j'\tinl.'. of hilt not hy way ()f limit:ltiol1 the hOII..eholci fllrni"hil1Es (lrpl~Hn(':p.s ;:Inn ntf1er ho""eholcl per-;on;:d property of WhHfevp.r type dp."r.riptiol1 :mcl form hetwpp:n them ::Inn they mntll:llly :leree filM p.:lch party s:hflll from ;mct nfter the nMe hereof he the "ole :lnn ,;;:eparate owner of:111 sHch t:mgihle pp.rsollal property nnee divided IT IS FllRTHF.R AGRFFll THAT WIFII SHAH. NOT RFMOVF ANY PIIRSONAI PROPFRTV IINTTT. ANn llNl.FSS HlISRANn [S PRFSFNT miRING THF RFMOV AI OF SIICH lTFMS OF PFRSONAJ PROPFRTY Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employe" benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest is such benefits. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which they have divided equally pursuant to this agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property. whether real of personal, whether such property was acquired before, during or after the marriage. and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage. or other instrument of the other pertaining to such disposition of prop'erty. 8. RFAI PROPFRTY. The parties to this agreement have a legal equitable and possessory interest in real property consisting of a marital home located at 2130 Wentworth Drive, Camphill, PA. 17011 which is encumbered by a mortgage held by Wells Fargo Financial. It is hereby agreed as between the parties that Husband and Wife shall place the home for sale, and upon the sale of the home all prolits left remaining, after the mortgagees) and any and all outstanding liens have been paid in full shall be divided equally between husband and wife induding any unused escrow balances to which they would be entitled to a partial refund. Husband and Wife shall cooperate with each other and shall sign any and all documentation required to facilitate the sale of the home when called upon to do so to enable the conveyance of the property to the contracted buyer. The parties shall equally divide the costs of the mortgage payments and all related expenses associated with the home for a (I) year period from the date of execution of this agreement. [11 the event the home does not sell on or within the one year period Husband shall pay all mortgage payments. and expenses associated with his occupation of the home and shall hold wife harmless and indemnify Wife. In the event of a catastrophic event the parties shall share , , equally all proceeds left remaining subsequent to the payment of all outstanding liens and encumbrances being paid in full. 9. PAYMFNT OF MARITAl OFRTS Husband hereby agrees to lnllpmnify onll Rolli Wifp h.rmlps< from any liability that may result as a consequence of his failure to make payments to VW Credit relative to his possession of the 2001 VW .lena. 10. POST-SFPARATTON ORT.Tr.ATTONS The parties agree and acknowledge that any and all obligations incurred by either party subsequent to August 14th, 2004, the date of separation shall be the sole and separate liability and responsibility of the party incurring the obligation. Each party agrees that he or she will not attempt to, and/or incur any liability financial or otherwise, to which the other party may become liable in any capacity direct or indirect. To the extent that such party incurs a liability to which the other party may become liable, the party incurring such obligation shall indemnity and hold harmless the other party fi.om any and allliahility arising from such post-separation and/or future obligations. (a) SFPARATF ORUr.ATTONSIFXPF.NSFS It is hereby agreed as between the parties that each of them will be responsible to repay their separate credit card expenses and hold the other harmless from any liability for their failure to repay the same. To the extent that their may be any joint credit card expense th,~ party incurring such debt for their use and benelit shall be responsible to repay the same and hold the other party harmless from any and all liability li.om such obligation(s). II, MOTOR VFRTCI,FS (a) Wife shall be entitled to retain both possession of and legal and equitable ownership of a 1991 Pontiac Sunbird which is currently titled in her name, Wife shall pay any and all expenses related to her possession and ownership of this vehicle and shall hold husband harmless and indemnity husband in the event of non-payment of expenses related to her ownership and possession of said vehicle, (b) Husband shall retain possession and legal and equitable ownership of the 2001 VW Jetta which is financed with VW Credit and which is within his possession and pay all expenses relative to his possession and ownership of this vehicle and shall hold Wife harmless and indemnity Wife in the event of non- payment of expenses related to his ownership and possession of said vehicle, Husband agrees to payoff sell. or retlnance this vehicle within six months of the date of execution of this agreement Upon Husband paying oft: selling, or refinancing said vehicle, Wife shall sign legal title to the vehicle and any and all related documentation required to effectuate full and complet,e ownership of vehicle to husband. If husband chooses to sell this vehicle Wife shall sign any and all documentation required to facilitate the transfer of title based on its sale, full satisfaction of all payments, sale, or trade-in of said vehicle to a 4 third party purchaser or dealer and will relinquish any claims to profits received by husband relative to the sale of this vehicle. Each party shall execute any and all documentation necessary to convey any interest into the receiving party's name to give effect to the allocation of the aforementioned vehicles. ]2. SllPPORT Each party forever releases, relinquishes, and forfeits any and all claims against the other party j(lr Spousal Support Alimony Pendente Lite, Alimony, Costs and Expenses and any and all other claims of support of any kind 13. PFNSION PI AN(S)' The parties release any interest in the opposite spouse's Pension(s), 401 (k), Retirement Accoullt(s) Stocks, BOllds. Life Insurance Policies IRA's or any other interest whatsoever and wheresoever located alld which may have accumulated prior to, during and/or subsequent to the marriage. 14. rOTTNSFI FFFS ANn FXPFNSFS' Husband and Wife Ackllowledge and agree that the provisions of this Agreement providing for the equitable distributioll of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and ill full alld fillal settlemellt alld satisfactioll of all claims and demands that either may now or hereafter have against the other tilr alimony pendente lite, counsel fees or expenses or any other provi1sions for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. Each party shall pay their respective counsel fees and shall not advance a claim for contribution from the other party. 15. WAIVFRS OF ("1 AIMS Ar.ATNST FSTATFS' Except as herein otherwise provided, each party may dispose of his or her property ill any way, alld each party hereby waives and rei inqu ishes any and all rights he or she may now have or hereafter acquire, ullder the present or future laws of any jurisdiction, to share in the property or estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance. widow's allowance, intestate share, right to take against the will of the other, and right to act as administrator or executor of the others estate. 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. 'i 16. SrTRSFQl TFNT nTVORrF I A TTORNFVS FFFS Wife has filed a no-fault complaint in divorce against Husband under Section 3301 (e) of the Divorce Code. This Agreement shall be incorporated into but shall not merge into any such judgment or decree of final divorce. [7. RRF ArH A Nt) FNFORCFMlINT' If either party breaches any provision of this Agreement. the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other such remedies or relief as may be available to him or her, and the party breaching this Agreement should be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. A. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in Equity, or in Law and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by ,either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties to not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of Equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with all action at law for redress of his or her rights under the terms of this Agreement, and in such event il IS ,pecitically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay. C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in consequence of any default or breach by the other of any of the terms or provisions of this agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever; provided that the party seeks to recover such attorney's fees, and costs of litigation must lIrst be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses ancl counsel fees incurred by himself or herself as well as the other party in endeavoring to protect or enforce his or her rights under this Agreement. 18. AOIllTlONAI INSTRIIMF.NTS' 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. fi 19. VOl rTNTARV FXFTTTTlON. The provisions of this Agreement and their legal effect have been completely reviewed by the parties. and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating 10 the financial affairs of the other which has been requested by each of them. 20 FNTTRF A(;RFFMFNT. 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. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the division and distribution of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 401(d) of the Divorce Code or any other laws. Husband and Wife voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property. but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing any provision of this Agreement. 21. IlISrJ OSlfRF' Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other party of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. 0" MOnIFIrATlON ANO WATVFR' A modification and waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 23. PRIOR A(;RFFMFNT. It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect as well as any verbal agreements or representations occurring prior to the effective date of this instrument. 7 24 OFSCRIPTIVF HFADTNr.S' The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 25. TNDFPFNDFNT SFPARATF. COVFNANTS' It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 26. APpr.rrAHI.F LAW' This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 27. vom rI AUSFS' If any terms, conditions, 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 li'om this Agreement and in all other respects this Agreement shall be valid and continue in full force. elfec\ and operation. 28. Ar.RFFMFNT RTNfiTNr. ON HFfRS' This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. R IN WITNESS WHEREOF, the parties hereto have set their hand and seals the day and year first above written intending to be legally bound. ~~ t~"rJh oel L. Swank Commonwealth of Pennsylvania Count). of Cumberland On this. the :;5fA.... , day of ,Jc:c IUla'j' A. D. 201$ before me a Notary Public appeared Joel L. Swank, known to me (or satisfixtorily proven) to be the person whose name is subscribed 10 Ihe within instrument, and acknowledged that he executed the same for the purposes therein con/ained Notarial Seal Anne Carmody, Notary PublIC _i.slllIlY BolO, Cu__ CoonIY My eomml&&loo Expires Expires Mar. 11, 2Q06 IN WITNESS WHEREOF, I hereunt9 .Iet my 'l':d and (ifficial seal. yf7L1U. L~ ~YkO tit! /fdtOty- 'f>U hll!! / Title of Officer Seal ~ ?=J ~{JL/L Kell Y. S nk Commonwealth of Pennsylvania County of Cumberland Onlhis, the / J r< ,day of (k.~ A.D. 2004, before me a Notary Public appeared Kefly Y. Swaflk known to me (or sfitisfacton!-y proven) to be the person whose name is subscribed 10 Ihe 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. ./hdLur '111~zuZ , '12du1 I,,-,~ Title of Officer Seal Notarial Seal ShelbJ: A. Minich, Nolllly Public Camp Rd,l ~oro. Cumberland County My CommiSSion Expires Aug. 20, 2005 Member, PE!nnsyrvamaAssocJatJonotNotaries 9 --- r-.) ,'-' " __A "'i~ ,..,--' ",0,,1 ,-- r) cJ " , ,,: c;...; /)<:-:~ " ("'\':-/"~ <:<:: j" (' '<i' F" ~ ~ '~7 '\ ~ ~ ~ ~~ ,~" ~ ,/",. '.' / " " , .' \I KELLY SWANK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.: 04-4830 JOEL SWANK, Defendant : CIVIL ACTION - LAW : IN DIVORCE A FFlnA VlT OF SF.RVl(-::E TO THE PROTHONOTARY: I, Joseph D. Caraciolo, Esquire, verifY that the Complaint in Divorce has been served upon the Defendant indicated above by first class, restricted delivery, certified mail # 7000-1670-0005-2769-3241, postage prepaid, return receipt requested, pursuant to the requirements ofPa. R.c.P. 1930.4. "'5= J .. ... 111ld/or2fofaddltloNllMMcM .. ... <<.... 3. 4a. and 4b.' I aIao wish to receive lhe I .~~ your name and addres8 on the r8V81'88 of thI8. form '80 that we can return this foIowtng 88Mce8 ('lor an ~"to you. extra fee): . Attach this form to th8 fronI of the mal/piece, or on the back If apace' does not I _t. 1. 0 AdeIr_ee's Addr_ . -Wrtte-Return Receipt ReqU9lJtsd- on the mailpiece below the aJ1iclI number. ~ 'Ii .Tho Relum R_pI win show to whom tho artICle wu._ and tha dale 2~_ DelIvery . c: dallvar"". o Consult pas1mllsler for fee. 15. I :.~ej'1j~r. _A Ie :4a;~I.Numbe~M.s'#7" - ~ ,) Of); U/ Y" . 1\ 'lb. Servlce Type i! d.-13 6~ivJ {Jr't~ VtZ g ::;:~eJl ~= ~ r' .1>.-._. ,~ 1+ LL (J If / 70 II CJ Return Receipt for Merohan<fise 0 COD ! I.../" r rvr 7. Date of Delivery .2 9~ ~?-o'f ~ 8. AdeIr_ee's AdeIress (Only /1 request8cl ... BndfeeispeJdj ! 1 .l! 5. Date: () / . (7 /v"- .,,' "11 <-- ".::1 t'.,.) C':'J '-~~ c:" II . KELLY SWANK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : No. tJ0~ Q{3t') : CIVIL ACTION - AT LAW IN DIVORCE vs. JOEL SW ANI<, Defendant ACCEPTANCE OF SERVICE I accept service of the foregoing Complaint in Divorce. I certify that I am authorized to accept service on behalf of the above captioned defendant. J /~ )tJS' . , Date ~~~~ endant or Authoriz Agent 'd130 \JJet\t'v-'orH br CA!\(Jt/l1j Mailing Address PA nOli --- ."_::> r " ',,"->:> '--";\ 't}. '-. S? / {#,'2' -'~'., ---:: t:} :..:.~' eY" - II LLYSWANK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.: 04-4830 OEL SWANK, Defendant CIVIL ACTION - LAW IN DIVORCE 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 eptember 24, 2004. 2. The marriage of the Plaintiff and the Ddendant is irretrievably broken and ninety ays 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 o request entry of the decree. 4. I verify that the statements made in this affidavit are true and correct. I understand at false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to sworn falsification to authorities. ate: ,/J/!t!5" / I Signature: ----4tf~ 01 f(jiA-A, J( - Kelly wank ~.,) C'-) f;~ ~~ !- ::-' c';; 1'0 GO., II LL Y SWANK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.: 04-4830 OEL SWANK, Defendant : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNnER SECTION 3301(c) OF TillE 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, awyer's fees, or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced wltil a divorce decree is entered by the Court d 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 hat false statements herein are made subject to the penalties of 18 Pa. C.S. Ii 4904 relating to sworn falsification to authorities. ate: / /; / I (A I I Signatwe: -K 0 / /~ vie.;.! r1 JL!L ~y wank -.J ( '.'... c..) i~:} " LLYSWANK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.: 04-4830 OEL SWANK, Defendant : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S AFFIDA VlT 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 eptember 24,2004. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety ays have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention o request entry of the decree. 4. I verifY that the statements made in this affidavit are true and correct. I understand at false statements herein are made subject to the p'~nalties of 18 Pa. C.S. 9 4904 relating to sworn falsification to authorities. ate: l/o.r-/o::,'- . . Signature: n/7J /" ~4)../r~. r-;;:el Swank (..) G c...: u -(1 :~:j ~~.:::r' '.'r.-.. -:;r:n . ~r N I' LLYSWANK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAl'ID COUNTY, PENNSYLVANIA vs. : NO.: 04-4830 OEL SWANK, Defendant : CIVIL ACTION - LAW : IN DIVORCE 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 of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, awyer's fees, or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced Imtil a divorce decree is entered by the Court d 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 hat false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to sworn falsification to authorities. ate: J /O~/O~--- . , Signature: n_ I')',{ _ ~~ ~e1 Swank c; , ;:::: Coo.:.> <;'./"1 ( c' -ri ::;3 ," c'-..~ "" 'V -J II I KELL Y SWANK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.: 04-4830 JOEL SWANK, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAFCTPF, TO TRANSMIT RRCORn To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: I. Ground for Divorce: Irretrievable breakdown under S 3301(c) S JJOI(J)(I) of the Divorce Code. (Strike out inapplicable section) 2. Date and Manner of service of the Complaint: Service by certified mail #7000-1670-0005-2769-3241, delivered on September 28, 2004. See attached Affidavit of Service. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by S 3301(c) of the Divorce Code: by the Plaintiff T~nllmy 11, JOO, by the Defendant T~nll~ry', JOO, (b) Date of execution of the afjldavit required by S 3301(d) of the Divorce Code: _, Date of filing of the Plaintiff's affidavit upon the respondent: Date of service of the Plaintiff's affidavit upon the respondent: _' 4. Related claims pending: PI"~<,, incorporatl', withollt m"rging, th" ~tt~ch"c1 Sp.pHr::ltion ::Inri Prnpp.rty s'e:ttte.mpnt Ae;re-f':ment oftnp: pHrtlP:^, into thf': DivOTC'f> DpC':rf':p: 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 Plaintiff's Waiver ofNoti,;e in S 3301(c) Divorce was filed with the prothonotary: T~mmry 1, JOO'i Date Defendant's Waiver of Notice in S 3301(c) Divorce was filed with the prothonotary: f~nlmry 1, JOO'i Date: O!/t7k:s' I I Respectful~ submitted, ! 1// . / , y/~L/~~ Jo~eph D. CaracioJo, Esquire "\Jlw OfIices of Patrick F. Lauer, Jr., LLC ll08 Market Street, Aztec Building Camp Hill, Pennsylvania 170 J 1-4706 ID# 90919 Tel. (717) 763-1800 <. ...-.:: f_". (;...' - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '. .. . . . . . .. :+: ;Iii+. :+: .. . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA, KELLY SWANK, Plaintiff No. 04-4830 VERSUS JOEL SWANK, Defendant DECREE IIN DIVORCE AND NOW, :rVh,Vi 2.c. , 2.~-, IT IS ORDERED AND DECREED THAT Kelly Swank , PLAINTIFF, AND Joel Swank , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The attached Separation and Property Settlement Agreeement dated January 12, 2005, is incorporated, without merqer. herein. , .. .( ..,...._-:.~~ ::TH:COU: ~ CJ;<L rJe. ~~:i?-k?_ ~!- -7 PROTHONOTARY J.:." E ,....... .:: ..... " .,J, .'- . V " " , .....: , , .~. " :, "'".'" .......... ..-:', J.... ......-..- ".."", /h.~.:;,~.~ ,-V O~O:OOO~~...A ~oooooo . .. . . . . . . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . . . . . . . . . fr~_ fr ~ rJ":?P11 7?J?'tt., ;r~ r ,z /17-k; n FrJ'if / :;(7 Lt?! . - .---