Loading...
HomeMy WebLinkAbout02-2332 RENEE L. SWINN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Defendant : NO. 2002- .;?33;1 CIVIL ACTION - LA W IN DIVORCE CIVIL TERM RONALD E. SWINN, SR., 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 divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER'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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P.c. LAW OFFICES SNELBAKER, BRENNEMAN 8: SPARE By: ~~~intiff LAW OFFICES SNELBAKER. BRENNEMAN & SPARE RENEE L. SWINN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 2002- CIVIL TERM RONALD E. SWINN, SR., Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT I. Plaintiff Renee L. Swinn is an adult individual residing at 52 I I E. Trindle Road, Townhouse No.7, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant Ronald E. Swinn, Sr. is an adult individual residing at 439 Virginia Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on May 5, 1990 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph 4, above. 6. Neither party is a member of the armed forces of the United States of America. 7. The Plaintiff avers as the grounds upon which this action is based is that the marriage LAW OFFICES SNELBAKER. BRENNEMAN & SPARE between the parties hereto is irretrievably broken. 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 requests this Court to enter a decree of divorce. WHEREFORE, Plaintiff Renee 1. Swinn requests this Court to enter a Decree of Divorce, divorcing the Plaintiff from the bonds of matrimony and to order such other relief as this Court deems just and reasonable. SNELBAKER, BRENNEMAN & SPARE, P.C. Date: May 10, 2002 BY:~ Philip H. Spar , Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff Renee 1. Swinn -2- l_ LAW OFFICES SNELBAKER, BRENNEMAN 8: SPARE VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4909 relating to unsworn falsification to authorities. -kLd~/1 Date: May 10, 2002 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE RENEE L. SWINN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 2002- CIVIL TERM RONALD E. SWINN, SR., Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT RENEE L. SWINN being duly sworn according to law, deposes and says: I. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do NOT request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. i/m 1Ju~fC' V Renee L. Swinn (Plaintift) Date: May 10, 2002 ~~ '- ~ \J ~ ~ ~ ~~ ~ ~ ~ ~ CI\ "- .\ b! ~ ., ~~ ~ ~ \.~ , ~ ~ f: :gffi 4,.1 n-1 ~:r' <.c en ." ~ r~; <.u 2: 0 ". ;;:;;0 :r c:; - :7' '*' ~ ,'\) <...> ~ <::> 1'0 :i!: ~ ..." 9. :1J ~-;,~ (:~1? ~lJ~ ;5~.i:J ,-0 i~5 ("11 _..-f ~ -< LAW OFFICES SNELBAKER. BRENNEMAN a SPARE RENEE L. SWINN, Plaintiff v. RONALD E. SWINN, SR., Defendant : IN THE COURT F COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-2332 CIVIL TERM CIVIL ACTION LAW IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in the above ca tioned matter on behalf of my client, Ronald E. Swinn, Sr., and certify that I have the authorit to do so. Date: )A'd /1, .2-0o~ o ~ -cco mrn Z:c z~=. ~?' r::;c ~ z(< --( , )......i:~___ 2:: ~ o N '- c= 2: o ., +-! ;-::;-" :!J :.ri~ ~:-.;j ~? ~22~ ;::".::; l-T, i..j --I ~ -< .~ -0 ::::. -:-;' I"'" (Xl RENEE L. SWINN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 02-2332 CML RONALD E. SWINN, SR., Defendant CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on May 13,2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if! 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. Section 4904, relating to unsworn falsification to authorities. Date: ~h.n 101, I I ~ t.. ~.-M.. RONALD E. SWINN, SR., Defendant - -_.-........_""._~_.".._,--_.,....,..,....-,.-----"....-..-.'" 2 0 0 f-v -n S. ;c. -ocr' - -:-1 r!) f!: "G") "" :'~. ~ __:x-,_ I'> Zc ' ~; !.:.::J 0." \..C ;'j .:<:~:r :A9~ ~C "Cl ~8 ...,,- ........;..1 .> ;:.;;;;.C) ~ (jrn :Pc:: -\ ~ 7~ :0 (,.) '-< RENEE L. SWINN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 02-2332 CIVIL RONALD E. SWINN, SR., Defendant CIVIL ACTION - LAW : IN DIVORCE W~ROFNOTlCEOFINTENTlONTO REQUEST ENTRY OF A DIVORCE DECREE I1NDER S 3301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this 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 unsworn falsification to authorities. Date: ~12'7 /02. I I .:RafL,OU t. .4f1~, ~. RONALD E. SWlNN, SR., Defendant (") 0 0 ~ I" -n ~ -oCP '-- -n t1fT' G-'> '(,8 ~"I"-., ,.A' N zc ~2' U) :)c, c.;:CJ -0 -;3 -I: ~c :>: I~:_S r-; _c: ~ 'of" J:>'C .--\ "7' - ?E ~ c..:> :.<: LAW OFFICES SNELBAKER, BRENNEMAN & SPARE RENEE L. SWINN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. : NO. 2002-2332 CIVIL TERM RONALD E. SWINN, SR., Defendant : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S AFFIDA VIr 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 May 13, 2002. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days 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 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. S 4904, relating to unsworn falsification to authorities. Date: September 5, 2002 () c::: :-0 (~ n) !-.. ;>r, . :7?~-' 0?)"- -<: .. [s: t_ SoC, y,: 5;, ~ :''';J , ;:;? ~) ~',) c.r; a r\,j C/) Cd , ()'''' o -q --{ -\.:D j- ('n-I Q . ! ,.;c) -r ":r-; ;:.(-'-j .5i-i'l ::'~:::f 5.J -< LAW OFFICES SNELBAKER. BRENNEMAN & SPARE RENEE L. SWINN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2002-2332 CIVIL TERM RONALD E. SWINN, SR., Defendant : CIVIL ACTION - LAW : IN DIVORCE 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. 9 4904 relating to unsworn falsification to authorities. Date: September 5, 2002 o c: ;;:- ~1fD n'n", ~;., 0) ~l rs~~. :;sC ~f':: ";"'c :;z: ::2 r:.? ''V (f/ o N (.I) l"T1 -0 I G-\ o <-I ~;i;g ~;8 .-:; (~) _~=jf~i C5:11 -::;:.;!. .5j -< "'Q -.,. -.;" LAW OFFICES SNELBAKER. BRENNEMAN & SPARE RENEE L. SWINN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2002-2332 CIVIL TERM RONALD E. SWINN, SR., Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: Prothonotary of Cumberland County: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: Defendant's attorney accepted service of Complaint on May 17,2002. (See Acceptance of Service filed June 14,2002.) 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: September 5, 2002; by the Defendant: August 27,2002. 4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff: September 5, 2002; by the Defendant: August 27,2002. 5. Related pending claims: None. SNELBAKER, BRENNEMAN & SPARE, P. C. Date: September 6, 2002 By: Vi./I::::;p a ~:::y:{)/ii;:ntiff () 0 0 C f-v "T1 $: U) -! -01-,; rr1 rni'T; -0 " -- Z:J I ;~C~- G cn r:- 0" I -< ..:~. (J r;:: C' -u -r'" '-- " J::> ::,":. -~ (') ,~:= i:) :-,) 'j,: 1'0 ,-' C~ ....-1 --7 -1::., "'":) -'V :52 -~ (T'I .. POST-NUPTIAL AGREEMENT ;<is 1~'"1-I A!1fJe, THIS AGREEMENT made and entered into this day ofMaf;eh, 2002 by and between: RONALD E. SWINN, SR. of 439 Virginia Road, Mechanicsburg, Cumberland County, Pennsylvania, party of the first part, hereinafter called "Husband", AND RENEE L. SWlNN of 5211 E. Trindle Road, Townhouse No.7 Mechanicsburg, Cumberland County, Pennsylvania, party of the second part, hereinafter called "Wife"; WITNESSETH: WHEREAS, Husband and Wife were married to each other on May 5,1990 in Cumberland County, Pennsylvania: and WHEREAS, the parties are the natural parents of two sons: Ronald E. Swinn, Jr., born October 13, 1990; and Samuel L Swinn, born July 28,1993; and WHEREAS, during their marriage the parties accumulated various assets and property which is more fully itemized and identified in a certain list or schedule attached hereto marked "Exhibit A" and incorporated herein by reference thereto; and WHEREAS, certain differences have arisen between the parties, as a consequence of which they have separated and now live separate and apart from each other; and WHEREAS, the parties anticipate that a divorce action will be filed by one ofthem in the near future (hereinafter called "Divorce Action"); and WHEREAS, Wife is represented by Philip H. Spare, Esquire ofthe firm of Snelbaker, Brenneman & Spare, P. C. and Husband has upon his own accord freely and voluntarily elected not to retain legal counsel although he is aware of his right to do so and of the advisability of doing so; and WHEREAS, the parties having a full opportunity to be advised of their respective rights. duties and obligations arising out of the marriage and each having a full opportunity to investigate and evaluate the assets, liabilities and all other aspects of each other's property and their jointly owned assets and liabilities, have come to an agreement for the final settlement of their property and affairs. NOW THEREFORE, in consideration of these presents and the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, and intending to be legally bound hereby, the parties mutually agree as follows: I. INCORPORA nON OF PREAMBLE. The foregoing preamble and paragraphs arc incorporated by reference herein in their entirety. 2. DECLARA nON AS TO ASSETS AND WAIVER OF EV ALVA nON. The parties agree that the items of property set forth in "Exhibit A" are all of the assets which they acquired during their marriage and which would be the subject of equitable distribution if submitted to a court for division under the provisions ofthe Pennsylvania Divorce Code. The parties declare and agree that they are familiar with said assets and hereby waive the evaluation thereof, although each party declares that shelhe has had full opportunity obtain such evaluation. 3. "DIVISION OF ASSETS. Upon execution of this Agreement, or as otherwise set -2- forth hereinbelow, the parties agree to divide, allocate, retain and/or transfer the assets shown on "Exhibit A" as follows (the items numbers refer to the corresponding numbers on "Exhibit A"): A. ASSETS TO HUSBAND 1. The marital home known and numbered as 439 Virginia Road, Mechanicsburg (Hampden Township) Cumberland County, Pennsylvania. subject to Husband successfully refinancing the debt associated with the marital home into his name only; 2. Furniture, household goods, and any other tangible personal property currently in Husband's possession; 3. Husband's retirement plan from his employer, ExeJ Logistics with a current value 0[$17,455.54; 4. 1989 Volkswagen Jetta titled in Husband's name; 5. 1991 Ford F-150 pick-up truck titled in Husband's name; 6. Bank accounts or other financial assets in Husband's name B. ASSETS TO WIFE 7. Furniture, household goods, any other tangible personal property currently in Wife's possession; 8. I 991 Volkswagen Jetta title in Wife's name; 9. Wife's interests acquired during the marriage and increase in value, if any, in pension, retirement benefits and severance packages from her current employer and/or former employers; 10. Prudential Life Insurance policy on Wife's life; II. 32 shares of Prudential stock in Wife's name; and 12. Bank accounts or other financial assets in Wife's name. 4. DEBT. A. Marital Debt. The Parties acknowledge and agree that the following marital debt currently exists: 1. M0I1gage loan from Harris Savings Bank (now Waypoint) with an approximate principal balance of $74,000.00; '2. Horne equity loanfi'om AlIfirst Bank with an approximate principal balance -3- of $33,000.00; 3. Platinum Reserve Mastercard with a balance of approximately $4,700.00; The foregoing Mortgage loan and home equity loan will be paid in full at the time of Husband's refinancing of the marital home in his name only. Husband shall be solely responsible for payment of the Platinum Reserve Mastercard. At the time of Husband' s refinancing of the marital home into his name only, Wife shall contribute the amount of$] 4,000.00 toward the payment of marital debt. Husband shall use his best good-faith efforts to refinance the marital home in his name Ap""\ ltt ~,~.$. RLS only as soon as possible with the goal being to do so by Maid. J1, 2002. Wife shall fully cooperate with Husband's refinancing efforts. In the event Husband has not refinanced the property and removed Wife's name from the notes, mortgages and home equity loans within one (1) year of the date of this Agreement. the home shall be promptly listed for sale with a reputable real estate, broker or agent at or below its fair market value. No reasonable offer shall be refused. Upon sale of the home, Husband may retain the net proceeds, if any, after payment of: a) reasonable, customary and necessary closing costs (including, but not limited to, radon remediation, if any); b) the note and mortgage obligation, any home equity loan or other liens against the property. In the event the sale proceeds are not sufficient to cover payment of the mortgage Joan, home equity loan and settlement costs, the parties shall each be responsible for one-half of the deficiency. Nothing herein shall in any way relieve Husband of his obligations for payments of -4 - costs and expenses related to the marital home. Any return of escrow amounts from the mortgage lender or refund from the homeowners' insurance policy shall be divided equally between the parties. Husband shall be solely responsible for payment of the mortgage, utilities, miscellaneous household expenses, insurance, repairs, taxes and any and all other costs and expenses relating to the home whether incurred prior to or after execution of this Agreement . and shall indemnify and hold Wife harmless for same. R Wife's Debt. The parties acknowledge and agree that Wife has the following debt in her name only and shall be solely responsible for payment thereof: 1. AT&T Platinum Card; 2. AT&T Wireless account; and 3. Wells Fargo Revolving Line of Credit. . C. Husband's Debt. The parties acknowledge and agree that Husband has no debt in his name only at this time. 5. HOME. During the marriage, the parties purchased and then resided in the home known and numbered as 439 Virginia Road, Mechanicsburg (Hampden Township) Pennsylvania. Wife agrees to execute a deed to Husband granting all of her right, title and interest in the home at the closing on Husband's refinancing of the property in his name only. From the date of this Agreement forward, Husband shall be solely responsible for any and all costs and expenses related to the home. 6. CHILD CUSTODY. The parties shall have shared legal custody of their minor sons, Ronald, Jr. and Samuel, meaning they each have a shared and equal right to make major -5- decisions affecting the boys' best interests, including, but not limited to medical, religious and educational decisions. Based upon current circumstances, Wife shall have primary physical custody of the minor children subject to Husband's right to partial physical custody as follows: t. Monday, Wednesday and Friday after school from 4:00 o'clock p.m. to 6:00 o'clock p.m. and Tuesdays and Thursdays after school from 4:00 o'clock p.m. to 8:00 o'clock p.m. In the event Husband has overtime work or other obligations and cannot care for the boys during his periods of custody, Husband is responsible for making alternate childcare arrangements in advance; alternating weekends from 4:00 o'clock p.m. Friday until Sunday at 6:00 o'clock p.m. 2. TransDortation. When exchanging custody of the children, the -party receiving custody shall be responsible for providing transporlalion. The parties will cooperate in sharing transportation responsibilities for getting the children to and from soccer practice, extra curricular activities and similar events. 3. Vacations during 2002. Husband will have custody of the children for one week of his vacation during the third week of July. As Wife has recently started a new job, she is not entitled to any vacation time during 2002. In the future, each party may have two non-consecutive uninterrupted weeks of vacation with the children as their work and vacation schedules will allow. 4. Holidays. 1. The parties will alternate the following holidays: Easter, Memorial Day, July 4lh and Labor Day. In 2002 and even-numbered years, Wife will have Easter and July 4th and Husband will have Memorial Day and Labor -6- arrangement is in the best interests ofthe children. In the event of changed circumstances, the parties shall make a good-faith effort to adjust the schedule as required to be in the children's best interests. In the event such good-faith efforts are not successful, either party may seek Court intervention to address the best interests of the children. 7. CHILD SUPPORT. Based upon the current custody arrangement and the respective incomes of the parties, there shall be no fonnal payment of child support. However, the parties agree to divide all reasonably necessary expenses for the children on an equal basis. Examples of reasonably necessary purchases include school lunches, eyeglasses and unreimbursed medical expenses. In addition, the parties will share childcare expenses for before school care and during the summer (including camp) on an equal basis. Any babysitting necessitated during one party's time with the children shall be paid for by that party. Husband shall provide health care insurance coverage for the minor children, The parties agree that Wife shall be entitled to claim both children as dependents for income tax purposes until the minor children reach age 18. Husband shall execute any forms or documents upon request to pennit Wife's use of said dependents. In the event either party desires to seek an order for child support from a Court of competent jurisdiction, nothing contained in this Agreement shall prevent that party from doing so. 8. FUTURE OBLIGATIONS. The parties agree that any and all obligations incurred subsequent to the date of this Agreement, shall be the sole and separate liability and -8- -9- other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done by such other party prior to the date hereof, except that this release shall in no way exonerate or discharge either party from the obligations and promises made or imposed by, reason of this Agreement. This Agreement shall not be construed to affect or bar the right of either party to an action for the enforcement or performance of this Agreement which may be instituted pursuant to the remedies available under the Pennsylvania Divorce Code. 12. SURVIVAL OF AGREEMENT. It is the intention of the parties that this Post- Nuptial Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the tenus of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the Pennsylvania Divorce Code. The parties agree to incorporate this Agreement into a separate order of court to be entered in the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce. 13. VOLUNTARY EXECUTION. Each party has had the opportunity to have the provisions of this Agreement and their legal effect have been fully explained to the panies by an attorney of his or her choice. Each party acknowledges that this Post-Nuptial 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 to the financial affairs -10- of the other to the extent same has been requested by each of them. 14. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. The parties acknowledge and agree that the provisions of this Agreement with respect to the distribution and division 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 the Pennsylvania Divorce Code or any amendments thereto. Each party voluntarily and intelligently waives and relinquishes 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 the provisions of this Agreement. 15. WAIVER. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. 16. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws ofthe Commonwealth of Pennsylvania. 17. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement have been Llsed only for the purpose of convenience and shall not be resorted to for the -11- '. purposes of interpretation or construction ofthe text of this Agreement. 18. BREACH. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 19. AFTER-ACOUIRED PROPERTY. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 20. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be responsible for his or her own legal fees, costs and expenses, if any, incurred in connection with their separation and/or the dissolution of their marriage. This paragraph does not prevent counsel fees, costs and expenses from being awarded in the event of breach of this Agreement as set forth elsewhere in this Agreement. 21. INDEMNIFICATION. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or -12- ., her sole expense, defend the other against any such claim or demand, whether or not well- founded, and that he or she will indemnify and hold hannless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the tenns of this Agreement. 22. MODIFICATION. No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 23. SEVERABILITY. If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 24. COOPERATION. The parties hereto shall from time to time, cooperate with one another and execute, acknowledge and deliver any and all further documents or instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 25. DIVORCE BY MUTUAL CONSENT. The parties agree and acknowledge that -13 - . . their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa. C. S. Section 330 I (c). Accordingly, the parties have executed and will timely file with the Court such consents, affidavits, waivers of notice and/or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to 23 Pa. C.S. Section 3301(c). IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals the day and year first above written intending to legally bind themselves and their respective heirs, personal representatives and assigns. ~SED~Y tI-u I ~ If-frt i, ./ ~ t, ~ 1, (SEAL) Ronald E. Swinn, Sr. ~OI~ $MfiJ.i!!1I (SEAL) -1.4- ~ RONALD E. SWINN. SR. and RENEE L SWINN EXHIBIT A (Page I of I) 1. The marital home known and numbered as 439 Virginia Road, Mechanicsburg (Hampden Township) Cumberland County, Pennsylvania; 2. Furniture, household goods, and any other tangible personal property currently in Husband's possessio~; 3. Husband's retirement plan from his employer, Exel Logistics with a current value of$17,455.54; 4. 1989 Volkswagen letta titled in Husband's name; 5. 1991 Ford F-150 pick-up truck titled in Husband's name; 6. Bank accounts or other financial assets in Husband's name; 7. Furniture, household goods, any other tangible personal property currently in Wife's possession; 8. 1991 Volkswagen Jetta title in Wife's name; 9. Wife's interests acquired during the marriage and increase in value, if any, in pension, retirement benefits and severance packages from her current employer and/or fonner employers; 10. Prudential Life Insurance policy on Wife's life; 11.32 shares of Prudential stock in Wife's name; and 12. Bank accolints or other financial assets in Wife's name. ...-.' .. () Cl C) c: r-.:> -n os: (/) -n ", C'I'1 , , Ql !-" " \ -,. ---- t "- ~11 Z ',':J U' .,>. ell -< c::' , C; r;: \ ~ (~:\ .) C,; ~, ,"-,-"l ~; ~'-? . C .::::-\ -, 'j:::- .0<.'__ ",) ::1) =2 U1 -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. RENEE L. SWINN, Plaintiff No. 2002-2332 CIVIL VERSUS RONALD E. SWINN, SR., Defendant DECREE IN DIVORCE AND NOW, ~'" rt~"", b,.. y t 2- 2002 , IT IS ORDERED AND DECREED THAT RENEE L. SWINN , PLAINTIFF, AND RONALD E. SWINN, SR~ , 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; None. The Post-Nuptial Aqreement dated April 12. 2002 is but not merged into this Decree. :~:,dZ'iu ~I!, ), . J, {?~ PROTHONOTARY " " " " " ~fr 2~ ~ C'i?-l:Yp ~r ~ ~ 4J9tl./'r} ~(?'LI'b .. , , ' .1....." . \, ,t' ,"", ,\ ". \' ; 'w ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA " ~<Ol/EE ! ,SlUZAJ IV Plaintiff Vs FileNo. )W2-1,~~2 IN DIVORCE - RONI/if) F :5WrN~V( Defen ant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] _ prior to the entry of a Final Decree in Divorce, or ' Y after the entry of a Final Decree in Divorce dated 9- J) - 02.. , hereby elects to resume the prior surname of ('()N/Zf-J /~ written notice avowing his / her intention purs Date: 0//1 /O.cJ - COMMONWE~TH OF PE~SYLVkNrA COUNTY OF GlIvl'r, 6c.({" c...""J ) On the --L.:l day of a..}.~ ' 200S;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 PflOTHONOTARY. NOTARY PUBUC CARUSLE CUMBERlAND COUNlY COURT HOUSE 1M COMMISSION EXPlIlES JANUARY 2, 2006 1( -k; --:c - \) 6"- \) ?! -0 GJ r -cJ ~ Q C- :}.':. ....~, \,." ' ~ '8- 'C- r:;;> .- .J ,.<'.\" <,i '~;~\, (~) -: (L(. -:~:.c ~l. )7<;;- ~', ..-<.. ...0 ::;:. ~ ~ Q. -::?,-<' (\'\E -oo:'h" "':}) ~. ~() .~;~ :!rl (~<:-) j,-(<' o -'"' ~ :z