HomeMy WebLinkAbout95-05071
'..
. ..,
. . ,".'
~' 1
7
~
Co
~ ,
,
,
J ,
.
I
i
- I
r- I
~
I
,
\ !
!
,
~ . J' _
.:.:. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. .:c. .:c. .:c. .:c. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. :. .:.:- .:.:. :'*:', .:!:: :'!,', ':.::,':';' .;c. ::.:,' -;4
~;, '-~""'''-'-~'---~----,,,,,,,,,,-- "-- -.----..~.....-..--..--~-,----.~...----,-.......--- ~"-~. - - -~ - - - - ~.--- - (ii!
..': I~
:':1 1:-
:; IN THE COURT OF COMMON PLEAS I:
~i OF CUMBERLAND COUNTY ~
8
W
<:"
:j
~l
~I
Vi
~(
','1
. ;
~~
. ,
~l
~j
. ,
~l
. '
'. ,
~;
'1
~
. ,
..
~I,
~\
'."
~i
,',f
VI
"'\
. (
M!
: I
!!II
.1
l!lj
~i
~
8
8
8
~
8
~
M.(
;,(
"1
'1
!!I,
~I
~
~
'.:.:
DECREE IN
D I V 0 R C E 4 J:s-o/,A .
ANDNOW,......r..~........ 199t;". it is ordered and
decreed that, . PATRICIA A.. SWANK. . . . . . . . . . . . . ' , . . . . . . . . . . . '. plaintiff.
and . .~QP~~X .~.~~~.K.",... '..,.' '........, ,........ 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;
STATE OF
PENNA,
PATRICIA A. SWANK
;'\ (1.95-5071
\.I'r....IL..
RODNEY H. SWANK
8
8
..
"
.;,
"
,:,
~
8
~
.;,
"
18
M
!~
1 '~
II!!
I"
I~
~8
:K
. .
~
i'
',W
."
;8
iM
, .
ii
('.,
~
, .
!8
I,W
'.'
~
Request that the terms of the parties'MI;I~i.t.al, ~.~t;U~l:lt.Agr"ement ~
:;:
."
d~ted MClY 9. 1999 and executed by tbeparties be.incorporated.and
not merged into the Divorce.
II y
^t1~.I: ~
~
~
~
J.
*
~
Prothonntary
~
~
~
~~~.~.~.,~.~.*~.~,.~.~.*.~.,~*~,~~.~.~
~ !II ?-:
-, C ,/
.--'
(~ c';' 5.,-
~n !.,:~
7.: ~.} ~i'
~:. .... t)~:!
l. '-.{Il
... , J.,,~
, U" ~~
a;'! ' ?: ld~
r. =-:; 11.1
'S
I~ --
, m -.>
u (J> u
J
~ l
m"
cS ~ tr
i!l;zo a,
;~Hl
~~i~
>~ a-
S !..
2 "a
.
.
...
Z
III <
<>
l&I...:l
...:l><
Po. III
Z
I:
l&.~
O::J
t8
=0
Oz
u<
...:l
~~
z!i
...
,
e.-
z
l&I
:E
l&I
l&I
P:
Cl
<
e.-
z
l&I
:E
l&I
...:l
e.-
e.-
l&I
III
...:l
<
e.-
...
P:
<
:E
....
r--
o
lI'l
I
lI'l
'"
....
:.:...
z.....
<....
~c:
Ill.....
10
.....
<Po.
<
...
U
...
P:
e.-
<
Po.
.
o
z
\
.
>
....
c:
'10
:':'0
Z c:
<QI
~...
III QI
o
CJl S
s
li i~~
IQ ~ zg':;:
JlOCS::)
S ::=~
llt ~
.
:I:
><
l&I
Z
o
o
P:
'.
_-"'lIt'......
..
~. ~
IN THE COURT OF COMMON PI.EAS
CUMBER1..AND COUNTY
PATRICIA A. SWANK v. RODNEY H. SWANK
DOCKET NO. 95-5071 CIVIL I.A W-IN DIVORCE
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT made this.-9- day of ilIA"
, 1999, by and between
PATRICIA A. SWANK, hereinafter called "WIFE",
AND
RODNEY H. SWANK, hereinafter calted "HUSBAND".
WITNESSETH:
WHEREAS. Husband and Wife were married on June I, 1985 in St. Croix. United States
Virgin Islands; and
WIIEREAS, no children were born of this marriage; and
WI/EREAS. certain differences have arisen between the parties as a result of which they
separated in June of 1995 and are desirous, therefore, of entering into an Agreement which will
distribute their marital property in a manner which is considered to be an equitable division of all joint
property. and will provide for the mutual responsibilities and rights growing oul of the marriage
retationship; and
WIIEREAS. there has been a complete disclosure oftbe earnings and property of each party,
and each undentands his\her righls under the Divorce Code of the Commonwealth of Pennsylvania;
A
.
^.
and
WHEREAS, the parties hereto, Wife having been properly advised by her attorney, Lawrence
J. Rosen, Esquire and Husband, having waived his right to counsel and choosing to proceed pro se,
have come to this Agreement. The parties heretofore. intending to be legally bound, covenant,
promise and agree as follows:
I. CONSIDERA TION. The consideration for this Agreement is the mutual promise,
covenants and agreements herein contained.
2. SEPARATION. It shall be lawful for each party at all times hereafter to live separate
and apart from the other party at such place or places as he or she may from time to time choose or
deem fit. The foregoing provision shall not be taken as an admission on the part of either party of
the lawfulness of the causes leading to their living apart.
3. NO INTERFERENCE. Each party shall be free from interference. authority and
control. direct or indirect, by the other, as fully as if he or she were single and unmarried.
4. COUNSEL FEES.
A. The parties agree to assume responsibility for their own legal fees, if any.
5. SUPPORT. The parties agree to waive any rights to support which one may have for
or against the other.
6. ALIMONY. The parties agree to waive any rights to alimony which one may have
for or against the other.
2
A
.
^
7. WAIVER OF PENSION BENEFIT.\: Husband and Wife agree that each shall
execute any documents necessary to release and waive forever any right, title or interest each party
may have in the other party's retirement plan (which is defined to mean pension, profit-sharing, or any
other plan or account or retirement or deferred income). Each party agrees to execute whatever
documents are required to effectuate the purpose of this paragraph. Each party appoints the other
as attomey-in-fact for the purpose of consenting to any election under any plan under Section 417
of the Internal Revenue Code or Section 205 of the Employee Income Security Act of 1974. It is
specifically agreed that each party's rights under their respective retirement plans constitute their own
separate property. In addition to aforesaid mutual waivers. Husband agrees to pay Wife S 15,000.00
(fifteen thousand dollars) for her forbearance in seeking equitable distribution of Husband's pension
and/or 401(k) account. Husband acknowledges that aforesaid S 15,000.00 shall be obtained from his
401(k) Spring Retirement Savings Plan administered by his employer, Sprint, and agrees that the
Cumberland County Court of Common Pleas shall execute a Qualified Domestic Relations Order
releasing adequate funds to satisfY this obligation plus Husband's tax liability related to the withdrawal
of said funds. Wife agrees that said funds ($15.000.00) will be held in the escrow account of Wife's
attorney and will not be released until such time as a Decree in Divorce is granted to the parties.
8. WIFE'S DEB7X Wife represents and warrants to Husband that since the separation
she has not and in the future will not contract or incur any deht or liability for which Husband or his
estate might be responsible and shall indemnifY and save Husband harmless from any and all claims
or demand~ made against him by reason of debts or obligations incurred by her
3
.
~.
.
9. HUSBAND'S DEBTS. Husband represents and warrants to Wife that since the
separation he has not and in the future will not contract or incur any debt or liability for which Wife
or her estate might be responsible and shall indemnify and save Wife hannless from any and all claims
or demands made against her by reason of debts or obligations incurred by him.
10. OUTSTANDING DEBT~: The parties affinn that, with the exception of the
mortgage covering the marital residence there are no existing marital debts.
II. REAL ESTATE The parties agree that Husband shall transfer his interest in the
marital residence located at 637 Cedar Ridge Lane, Mechanicsburg. Cumberland County,
Pennsylvania to Wife. Wife agrees that the existing mortgage shall be refinanced and Husbands name
shall be removed from said mortgage within 120 days from the date of this Agreement. Until the
occurrence of said refinancing. Wife agrees to hold Husband hannless and to reimburse him for any
payments \\ hich he may make pursuant to any encumbrance currently on said residence or any other
expenses related thereto. Husband agrees that he will execute a deed transferring his interest in the
subject property to Wife and will deliver same to Wife's attorney. Wife agrees that aforesaid deed
will not be recorded until such time as the court executes a Decree in Divorce.
12. DISTRIBUTION OF PERSONAl. PROPERTY.
A. Household Pl'l)pertv.
The parties hereto mutually agree that they have effected a satisfactory division of the
furniture. household fumishings, appliances. and other household personal property between them.
4
.
~
,
Settlement Agreement concerning all marital rights of both parties in accordance with the tenns
herein. The Parties hereto agree that each shall contemporaneously herewith sign an Affidavit of
Consent to a divorce pursuant to Section 3301 (c) of the Divorce Code. Counsel for Wife shall
prepare and promptly file the parties' respective Affidavit's of Consent, a praecipe to transmit record,
Waiver of Notice oflntention to Request Entl)' ofa Divorce Decree Under Section 3301(c) of the
Divorce Code and a vital statistics fonn. all for the purpose of obtaining an immediate Decree in
Divorce.
16. TIME OF DISTRIBUTION. The assets and interests to be transferred under and
pursuant to this Agreement sha1I be conveyed and transferred to the respective parties prior to Wife's
counsel filing the necessary papers to obtain a final Decree in Divorce. The parties shall cooperate
by executing whatever doaunents are necessary to effectuate a divorce under 330t(c) or 3301(d) of
the Pennsylvania Divorce Code, and this Agreement to cooperate sha1I be enforceable by an assumpsit
action for specific perfonnance. However. upon refusal to consent, all distributed property shall be
returned to the party originally in possession, until the time of final decree.
17. RELEA..~E. Subject to the provisions of this 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, indemnify (including actual legal fees)
and discharge the other of and from all causes of action. claims. rights, or demands, whatsoever in
law or equity. including equitable distribution, spousal support, alimony, counsel fees, alimony
pendente lite. and expenses which either of the parties against the other ever had. now has, or may
6
4
.
I.
,
have in the future under the Pennsylvania Divorce Code, as amended, or under any other statuto!}'
or common law, except any and all causes of action for divorce and all causes of action for breach
of any provisions of this Agreement. Each party also waives his or her right to request marital
counseling. pursuant to 3302 of the Divorce Code.
18. WAIVERS OF CI..AIMS AGAINST ESTATES. Except as herein otherwise
provided, 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 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, courtesy. statuto!}' 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 any right existing now or in the future under the Pennsylvania
Divorce Code. as amended from time to time. and each will. at the request of the
other. execute, acknowledge and deliver any and all instruments which may be necessa!}' or advisable
to carry into effect this mutual waiver and relinquishment of all such interests. rights and claims.
19. RIGHTS ON EXECUTION. Immediatety upon the execution of this Agreement,
the rights of each party against the other, despite their continuing marital status, shall tenninate and
be as if they were never married.
20. BREACH. In the event of breach ofany of the terms of this Agreement. the non-
breaching party sha1I be paid, as part of any award or judgment against the breaching party. all costs,
including actual counsel fees paid to his or her attorney.
7
.
IJ&
21. INCORPORATION INTO FINAL DIVORCE DECREE. The terms of this
Agreement shall be incorporated but shall not merge into the final divorce decree between the parties.
The parties intend that this Agreement shall be enforceable under the Divorce Code of 1980, as
amended. and, in addition, shall retain any remedies in law or in equity under this Agreement as an
independent contract. Such remedies in law or equity are specifically not waived or released.
22. ADDITIONAL INSTRUMENTS. 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
instrument 5 that may be reasonably required to give full force and effect to the provisions of this
Agreement
23. SEPARABILITY. In case any provision of this Agreement should be held to be
contrary to. or invalid under, the law of any country. state or other jurisdiction. such illegality and
invalidity shall not in any way affect the other provisions hereof. all of which shall continue,
nevenheless, in full force and effect, and each paragraph herein shall be deemed to be a separate and
undisputed covenant and agreement.
24. ENTIRE AGREEMENT. This Agreement contains the entire understanding of
the parties and there are no representations. warranties. covenants and undertakings other than those
expressly set forth herein. Husband and Wife 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
8
L
I.
,
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 oftheir property by any court of competent jurisdiction pursuant to Section
3502 ofthl' Divorce Code or any other laws. Husband and Wife each 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 the provisions of this Agreement.
25. MODIFICATION AND WAIVER. A modification or 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 the
provisions of this Agreement shall not be construed as a waiver ofany subsequent default of the same
or simitar nature.
26. INTENT. It is the intent of the parties by this Agreement to fully and finally
foreclose any resort to the courts for relief on the basis of any statute or case law presently existing
or which milY exist at some time in the future within the Commonwealth of Pennsylvania, including
but not limited to equitabte distribution. alimony and other relief under the Pennsylvania Divorce
Code. as amended. This Agreement has been drafted and accepted on the basis that such resort
would constitute a breach under this Agreement, entitling the non-breaching party to reimbursement
for actual counsel fees Other than as provided by the terms of this instrument, it is intended that the
court shaD treat the parties as if they had never entered into a marital retationship. This Agreement
9
.
..
,
shall be interpreted and governed by the laws of the Commonwealth of Pennsylvania and, where such
law is inconsistent, the terms of this instrument shall govern.
27. JlOI.UNTARY EXECUTION. The provisions of this Agreement and their legal
effect have been fully explained to Wife by her counsel, Lawrence 1. Rosen. Esquire, Husband having
knowingly lUId intelligently waived his right to be consult with an attorney and the parties agree that
the instant Agreement is 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 of the
other which has been requested by each of them and/or by their respective counsel. Husband, being
advised thaI he has the right to obtain independent advice from the attorney of his choice, hereby
waives his right to obtain counsel.
28. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for
convenience only. They shall have no effect whatsoever in determining the rights or obligations of
the parties
29. AGREEMENT 8INDIN(i ON HEIRS. This Agreement shall be binding and shall
inure to the benefit of the parties hereto. and their respective heirs, executors, administrators,
successors and assigns.
30. RECONCII.IA TION. Notwithstanding a reconciliation between the panies. this
Agreement shall continue to remain in full force and effect absent a writing signed by the parties
stating that this Agreement is null and void.
10
\
.
.
l
IN WITNESS WHEREOF, The parties hereto have hereunto set their hands and seals
the day and year first above written.
WITNESS:
c<<~fL .
~~
TRICIA A. SWANK, Wi e .
~.
..~~1
RODNEY ,SWANK, Husbalill'
11
~ al C
c ~.
r~ r.
';l~
~~ . -,"
:r; , ).If..
I.. ~1,.
~~ "- ':';'~
" g :~~
I
a;lJ.J :r- I'::
.' '. i!~ :::. He...
-,
. 15 .~
l7\ ::>
en U
;' "
I~ r
c:S ~ if
~:z 0 t:lI'
~~~l
z... >
In ...
i~ir
-!:l
>
9 =-
fa IICI
III
<
c.:I
...:l
Co
Z
o
~
o
U
to.
o
E-t
0:
;:l
o
u
c.:I
:c
E-t
z
....
<
....
z
I(
>
...:l
><
III
Z
Z
c.:I
Co
....
....
..004
:.:....
zc
<.004
~Ill
lIl....
Co
III
Z
o
....
E-t
<
...:l
c.:I
0:
U
...
E-t
III
c.:I
:E
o
C
c
c.:I
...0:
to.c.:I
....0
1-10:
<0
;:l
o
.
><
E-t
Z
;:l
o
u
c
z
<
...:l
0:
c.:I
lQ
~
U
....
.....
o
Il'l
I
Il'l
'"
.
<
<
....
u
....
0:
E-t
<
Co
.
o
z
,
>
....
C
III
'0
.c
:':4)
z....
<4)
~c
III
eI
S
l;;~
j ~ l5~
~~ e:~,..
A:l~zg'::
Ji '< s::>
S :::~
~ ~
.
:c
><
c.:I
Z
C
o
0:
,
2. Identity of Participant. The Participant. Rodney H. Swank (SSN 165-38-
1858), residing at 2114 Green Watch Way, Reston, Virginia, 20191. The Participants date of birth
is 617146.
3. Identity of Alternate Payee. The Alternate Payee is Patricia A. Swank, 637
Cedar Ridge Lane, Mechanicsburg, P A 17055. SSN 209-46-1764. The Alternate Payee's date of
birth is 9/5/61.
4. Amount to be Paid Alternate Payee. There is hereby assigned to the Alternate
Payee and, as otherwise provided in the Order, the Plan shall pay to the Alternate Payee SI8,OOO.00,
or such lesser amount equal to the Participant's nonforfeitable benefit under the Plan (referred to in
this Order as the "Vested Interest"). The Participant's Vested Interest shall include the amount the
Participant con receive in a lump sum distribution if the Participant were to terminate employment
as defined under the Plan. Such amount shall exclude ( I ) any company matching contributions. and
investment earnings and losses on those contributions. that are not yet vested. and (2) the principal
balance, and any accrued but unpaid interest, on any loans outstanding from the Plan to the
Participant. The determination of a Participant's Vested Interest under this paragraph shall be made
as of the date on which the separate account is established as described in the following paragraph.
As soon as practicable after this Order is determined by the Plan Administrator to be
a qualified domestic relations order within the meaning of Section 414(p) of the Code and Section
206(d) of ERISA (QDRO), a separate account shall be established under the Plan for the benefit of
the Alternate Payee (referred to in this Order as the "Alternate Payee's Account") The Alternate
Payee's Account shall be credited with, and the Participant's accrued benefit shall be reduced by. an
amount determined in the preceding paragraph. The Plan Administrator shall, promptly after the
Alternate Payee's Account is established, send a letter to the Alternate Payee (the "Acceptance
Letter") informing the Alternate Payee that the Order has been determined to be a QDRO
5. Allocation Among Participant's Accounts When the Alternate payee's
Account i~ established. such account shall be credited with, and the Participant's benefit under the
Plan shall he reduced by. a pro rata share of the Participant's accounts in the Plan determined as of
the date the Alternate Payee's Account is established These accounts shall include all accounts as
that term is defined under the Plan, such as pre-tax basic contributions. pre-tax supplemental
contributions, after-tax contributions, company matching contributions j(if nonforfeitable to the
Participant), rollover contributions, and investment earning or losses on such contributions
6. Investment of Assets When the Alternate Payee's Account is established. such
account shilll be credited with. and the Participant's account shall be reduced by. a pro rata share of
the Participant's investments in the Plan (ie. the PIMCO Total Return Fund. the Fidelity OTC
Portfolio. the Fidelity Equity-Income Fund. the Fidelity Magellan Fund. the Fidelity Overseas Fund.
the Interest Income Fund, the Sprint Stock Fund. the TRASOP 360 Stock Fund) determined as of
the date the Alternate Payee's Account is established On and after the date the Alternate Payee's
Account is l..'Stablished, the Alternate I'ayee shall have the same ability to designate the investment of
those amounts as the Participant .....ould other.....ise have had .....ith respect to those amount~ All
amounts in the alternate Payee's Account will separately share in the gains and loses of the Plan in
2
accordance with the terms of the Plan beginning on the date the Altemate Payee's Account is
established until the date of Payment of such amounts to the Altemate Payee.
7. Time and Manner of Pavment. As soon as practicable after the Altemate
Payee's Account is established. the amount assigned under this Order shall, upon the election of
Alternate Payee. be paid in a lump sum to the Alternate Payee (or. if permitted under the Internal
Revenue code, to the custodian of an Individual Retirement Account established for the benefit of the
A1temate Payee). If the Alternate Payee fails to elect a distribution within 120 days of the date of the
Acceptance Letter. the amount assigned under this Order shall be paid. as soon as practicable, to the
Alternate Payee. such distribution shall be made in cash with applicable withholding for Federal
income taxes.
8. Death of Alternate Payee. To the extent permitted by the Plan and Section
414(p) of the Code, the Alternate Payee may designate a beneficiary to receive payment of the
Alternate Payee's remaining interest in the Plan, if any. upon the Alternate Payee's death. Any such
beneficiary designation shall be made without regard to any designation by the Participant of a
beneficiary with respect to the Participant's interest under the Plan. In the absence of an effective
beneficiary designation by the Alternate Payee. or if the named beneficiary predeceases the A1temate
Payee, the amount assigned under this order shall be paid to the Alternate Payee's estate.
9. Death of Participant. The assignment of benefits to the Alternate Payee under
this Order shall not be reduced. abated or terminated as a result of the death of the Participant. Upon
the Participant's death. the Alternate Payee will not be entitled to any survivor benefits attributable
to the Participant's benefits under the Plan unless the Participant designates the Altemate Payee as
a beneficiary in accordance with the terms of the Plan.
10. Administration of the Order. A true copy of this Order shall be served on the
Plan Administrator. The Plan Administrator shall determine. within a reasonable period of time after
delivery of this Order. whether the Order is a QDRO. The Participant. the Alternate Payee, and the
court intend this Order to be a QDRO. The parties agree that their mutual intent is to provide the
Alternate Payee with a benefit under the Plan that fairly represents the Alternate Payee's marital share
of the bencfits as described under Paragraph 4. If this Order is determined not to be a QDRO. the
Plan Administrator shall inform the parties of the reasons for that determination The Court retains
jurisdiction to amend the Order for purposes of cstablishing its status as a QDRO and the parties
hereby agll.'e to submit to and request the Court to modifY the Order to makc it a QDRO in such a
manner that will reflect the parties' intent
tl. Rights of the Parties The assignment undcr this Order shall be permanent.
From the date of this Order (assuming it is determined to be a QDRO) and thereafter. the Participant
shall have no further right or interest in the portion of the Participant's account balance under the Plan
which is assigned to the Alternate Payee pursuant to Paragraph 4 above. and the Alternate Payee shall
have no further right or interest in the portion of the Participant's account balance under this Pan
which is not assigned pursuant to Paragraph 4 above Nothing in this Order shall restrict the
Participant\ ability to obtain a distribution under the Plan or designate a beneficiary under the Plan,
3
PATRICIA A. SWANK,
Petitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY. PENNSYLVANIA
v.
: NO. 95-5071
RODNEY H. SWANK,
Respondent
: CIVIL ACTION - LAW
: IN DIVORCE
f.RAECIPE TO TRANSMIT RECORD
To The Prothonotary:
Transmit the record, together with the following information. to the Coun for enlly of a
divorce decree:
I. Ground for divorce: irretrievabte breakdown under Section (x) 3301 (c) () 3301 (d)
ill of the Divorce Code. (Check applicable section.)
2. Date and manner of service of the Complaint:
August 13. 1997 Cenified Mail .
3. (Complete either paragraph (a) or (b)).
(a) Date of execution of the affidavit of consent & waiver of required by Section 330t (c)
of the Divorce Code: by the Plaintiff on May 27. t999; by the Defendant on May 9. t999
(b)(I) Date of execution of the Plaintiffs affidavit required by Section 330t (d) of the
Uivorce Code: Nt A.
(2) date of service of the Plaintiffs affidavit upon the Defendant.
4. Retated claims pending: Request that terms of Settlement Agreement dated May 9,
1999. and executed by the Danies be incorporated and not merged into the Divor~
5. Date and manner of service of the notice of intention to file praecipe to transmit
record, a copy of which is attached. _____ -- -
osen, Esquire
ttomey for Plaintiff
R. Stlphln Shlbl., Elqul..
AttornlV 1.0. No. 19269
RHOADS &. SINON
P.O. Box 1140
Horrl,burg, PA 17100.114(1
(7171233-6731
AttornlV' lor Plllntl"
PATRICIA A. SWANK,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
q:i -)071 ~T~
No.
RODNEY H, SWANK,
IN DIVORCE
Defendant
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 by the court. A
judgment may also be entered against you for any other claim or relief requested in these
papers by the Plaintiff. You may lose money or property or other rights important to you,
including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available in
the Office of the Prothonotary at the Cumberland County Courthouse, 1 Courthouse Square,
Carlisle, PA 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OR 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.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR
1 COURTHOUSE SQUARE
CARLISLE, PA 17013-339B
(717) 240-6200
R. Staphan Shlbla, Eaqulra
Attornay 1.0. No. 1926a
RHOADS" SINON
Ona South Markat Squara
P.O. Box 114a
Harrlaburg, PA 1710a.11411
17171 233.6731
Attornaya far Plaintiff
PATRICIA A. SWANK,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
No.
RODNEY H. SWANK,
IN DIVORCE
Defendant
COMPLAINT IN DIVORCE UNDER SECTIONS
COUNT t:..QIVORCE
1. Plaintiff is Petricia A. Swank, who currently resides at 457 Garden Drive,
Machanicsburg, Pannsylvania 17055. She has lived there since May 12, 1995.
2. Defendant is Rodney H. Swank, who currently resides at 637 Cedar
Ridge Lana, Mechanicsburg, Pennsylvania 17055. He has lived at this address since April
1989.
3. Plaintiff and Defendllnt have been bona fide residants of the
Commonwealth of Pennsylvania for at laast six (6) months immediately previous to the filing
of this Complaint.
4. Plaintiff and Defendant were married on June 1. 1985. in St. Croix.
United States Virgin Islands.
5. There have been no prior actions of divorce or for annulment between
the parties.
6. Neither of the parties in this action is presently a member of the Armed
Forces.
7. The Plaintiff avers that the marriage is irretrievably broken.
8. 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. Plaintiff requests the Court to enter a decree of divorce.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a
decree of divorce.
.2-
Attorneys for Plaintiff
10. Paragraphs 1 through 10 of Plaintiff's Complaint are incorporated herein
by reference and made a part hereof.
11 . Plaintiff and Defendant have legally and beneficially ecquired property.
both real and personal, during their marriage.
12. Plaintiff and Defendant have been unable to agree as to an equitable
division of property to the date of the filing of this Complaint.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably
divide all marital property.
By:- \
R. Stephen hibla
One South Market Square
P.O. Box 1146
Harrisburg. PA 17108.1146
(7171233-5731
Date: r II '1/ f5'
85731
- 3 .
VERIRCATION
I. PATRICIA A. SWANK. verify that the statements mada in this Complaint ara
true and correct. I undarstand that false statements harein are made subject to the penalties
of 18 Pa. C.S. S4904. relating to unsworn falsification to authorities.
~~,/ML
PATRICIA A. SWANK
u
LI II
........~..
-.........
.
11.
U1.ur':L ._.J~B. .J.,,,.,.:._~;'J.JJ. ~.~4'j",l
~ll
.>>L
l1.l
;1)
SE\' Zz Lt 03 fK '95
.L' >CiHCE
Qf ;,.t ;,;'(\HIOll!lU.r.y
cu,,~[~\.~HIl cc,O~Tl
t'ttHt~n.'(Mi\J.
-
4 l'itO,)O -pl. ~ (J~'ld.)
IO.DO fA ~
5.~()~
rf /1 s. ~.J:itA.I r'
-
d' s-s7 (PflseI-L)
/!.Ie.. JI.- ~o"o 0
,.,---
~,~..~~:-,:::':?,_..:.., _,~.~ t
,"__~L !~~
..:L!i...l. L_
.1111 .JL .llL
",:lc;'-c,._"l.
"'.'C.....'.,,"'.,.....:.-.,
II.
,.
"
r'
.
,
"
I
\
j
I
,
. ~
!
~
'1"
. .
J:
i
!
, f
\
I
j
I
,
:".
.
, f
:,
,
"
R. SI.phen ShlbI.. Eoqulr.
AlIornoy 1.0. No. 18258
Jennller M. McHugh. Eoqulro
Allornoy 1.0. No. 88723
RHOADS. SINON
Ono South Mllkel Squll.
P.O. 80. 1148
Hltrtlburg. PA 17108.1148
(717)233.6731
Allornoya lor PllinIlff
PATRICIA A. SWANK,
PI8intiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 95-5071 CIVIL TERM
IN DIVORCE
v.
RODNEY H. SWANK.
Defendant
.. I..... o. II "' I. I..... I... "'
AFFlDAVtT OF SERVICE
The undersigned hereby certifies that on October 20, 1995 e true and correct
copy of the Complaint in the above-referenced action was served via U.S. certified mail,
p08tage prepaid, return receipt requested, and that on October 21, 1995. the Complaint was
received by the Dafendant es avidenced by the 8ignature on the attached receipt.
RHOADS" SINON
By, ~fJ>/'}"-~
ap e Shibla
ennifer M. McHugh
One South Market Square
P.O. Box 1146
Harrisburg, PA 1 7108-1146
(7171233-5731
Date: /1-1, q<
" 113
Attorneys for Plaintiff Patricia A.
Swank
P lo25 lobS 452
2 Receipt for
C,rtffled Men
.. No Inaur.nee Co....rag. Provfdtd
AllffGI. 00 not UII for Internarlon.1 M.II
IS.. Reve,",
"'~""'I~ $ . }- f, ...
....,I..-.'r.... /, It
......, .. .*".P1, I..~
M.,".n..a 0. '.l'f. ~"
- --""... A~. CI ~"0*"'9 /. I"
'"
'" 10 Wl'nm .. 0.'. O'.....a
-
! "_'u'" ~fl:.'O' :''''''''''IfIQ 10 ,^"'O"l
0"" ,,~(J AOd'.'," , AdC7'.n
~
., rorA. PO.lf~ ~ .7)'
I . '''S $
Postm"1I 0' Calf
e / ~h-1rf
~
...
r
..
I. ~l..'_l"'__
" ~-:l."'''.'.
. ,..,.. _... ................ WI...... .... .._
-....-.- . ...
. A_...._..._...._....._._
---
J . -.--.-.... r..........._..__
. 1lII__._..___..__ ....._
1-.
13. AnIcle A <IlL III J lD:
HI:, Rodney H, SiImk
637 r.dar Riclae lane
Mec:hsn1.csburs. PA 170SS
I ... willi . .....
'*"'~14l ..... (fer 11I_
!wI:
,. 0 AJJ. III" ~
.'
Z. 0 lluDlc1ld o..-y
C-.lt lor
411. AnIcle HInIIIr
P 125 165 452
411. ....... Type
o II.......... 0 ........
UCenIIIId 0 COO
o Expo.- .... 11"-....... lor
7. D"D1~
1- ~ 1- ..., r-
e. "ddl ,'. "..... 10nly " ....
end !w .. ....II
.
f
I: .( i i; 11 I:
Ii
,. lllI&_ - _1M DOMII11C RETURN RECIR'T
J
I
J
f
..
I
WJ
.. ,
PATRICIA A. SWANK,
Petitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY. PENNSYLVANIA
v.
: NO. 95-5071
RODNEY H. SWANK,
Respondent
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT UNDER SECTION 3301 eel
OF THE DIVORCE CODE
I. A complaint in Divorce under Section 3301 (c) and 3301 (d) of the Divorce Code
was filed on September 22, 1995 and an amended complaint was filed on August 12. 1997.
2.
The marriage of plaintiff and defendant is irretrievably broken and ninety days have
,
I
,
,
elapsed from the date of filing the Complaint.
3. I consent to the entry of final decree of divorce.
4. I understand that I may lose rights concerning alimony, division of property,
lawyers fees or expenses ifI 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
fatse statements herein are made subject to the penalties of 18 Pa.C.S * 4904 relating to unswom
falsification to authorities.
DATE~Aiqq
~4a~
" -- RICIA A. SWANK
5.S. 11109.46-0764
. .......... "-
, ., .
. .. t
PATRICIA A. SWANK,
Petitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 95-5071
RODNEY H. SWANK.
Respondent
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
J;NTRY QF A DIVORCE DECREE UNDER SECTION 3301 (Cl
OF THE DIVORCE CODE
I. I consent to the entry of a final decree in divorce without notice.
2. 1 understand that 1 may lose rights concerning alimony. division of property,
lawyer's fees or expenses if! do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
4. 1 verifY that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.e.S. Section 4904 relating
to unsworn falsification to authorities.
DATE: f!J ~a;
(2-i~,~~
PATRICIA A. SWANK
S.S. II 209.46-0764
.. .
. .. .
PATRICIA A. SWANK,
Petitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 95-5071
RODNEY H. SWANK,
Respondent
: CIVIL ACTION - LAW
: IN DIVORCE
AmDA VIT OF CONSENT tlNDER ~ECTION 3301 (e)
OF THE DIVORCE CODE
I. A complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on
filed on September 22, 1995 and an amended complaint was filed on August 12. 1997.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of filing the Complaint.
3. I consent to the entry of final decree of divorce.
4. I understand that I may lose rights concerning alimony. division of property,
lawyers 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 unsworn
falsification to authorities.
DATE:-5-/~ /'i't-
, ,
_~L~~\ C~J
RODNEY . SWANK
S.S./# ,(,!; . ~-le'.::.~
. . . .
. . . .
PATRICIA A. SWANK,
Petitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 95-5071
RODNEY H. SWANK,
Respondent
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 eC)
OF THE DIVORCE CODE
1. I consent to the entry of a final decree in 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.
f
I
I
I
I
I
!
i
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 veritY 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:
S-/q A 1
, .
~~'
<t .. -" -'
RODNEY . SWANK
S.S.I# t',. ~ -l8'J-<(,.
L
rr"::"'"'C
F ~\\-'i\ "..-''''r:\~ ""~
.\~-:--: ~v. .....,~,','J.r\:"\
C;: -,' .. IU' \.0;\ ~ ,
I
" ~...~ \ ,\. _. oJ !
, '11 !:\\~ ,!.. \
". i(
.' ,-,'...- j" or ,
C\J;~'.\,~..::<>;; ~~ ":':'.\ c- ~
. [
~1 "jo,~ f
!
:1-111 I
~ II) I
f
.... ,.
V) "\\."11 i
''jo c3~
~ I
[
f
c.1 I
lIloeC U
oeCt-4 0:
el~ 0
(Iii .1 > ~
11<> t-4
..:l 0
z>- fa.
o III z fa. Eo< ...
~~ t-4 t-4 Z
Eo< oeC
'Iiih Olol Eo< .z 0
UI1< Z ~t-4 Z
t-4 zoeC :.i~ ! c~z ;!
fp . oeC oeC..:l ~~t.
0>- ..:l ~l1o Zlol
Eo< l10 III oeCo
~lI!"4 Eo<Z ~ ~ ! ~zgr::
i~'iJ 0::1 .... . . III
;:10 U l"- oeC >
ou 0 . c s~
u 0 It'l oeC X ~ ~I
e . z c.1 I t-4
1olt-4 0 It'l U >-
xx z '" ... Iol
Eo<l1o Iol 0: Z
:I ! , ~ 0
zoeC 0 0
t-40 Z l10 0:
~
~
,
.
j
.
1
\
I
I
j
,
.
PATRICIA A. SWANK,
Plaintiff
: IR THE COURT OF COMMOR PLEAS OF
: CUMBERLARD COURTY, PERRSYLVANIA
v.
: RO. 95-5071
:
.
.
RODREY A. SWANK,
Defendant
: CIVIL ACT lOR - IR DIVORCE
NOTICE TO DEFERD ARD 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 marriage
counseling. A list of marriage counselors is available at:
~,"",rV\rh.....,,,,rv" c.{J~.........\ t c...a.~...t' \\-....\(
I l...4.,,_t It......llf Jt.........u..
r..~ I, II ( ...-7.. , ')c; ~!
IF YOU DO BOT FILE A CLAIM FOR ALlMOn, DIVISIOB OF
PROPERTY, LAWYER'S FEES OR EXPEBSES BEFORE A DIVORCE OR ABBULMBBT
IS GRABTED, YOU MAY LOSE THE RIGHT TO CLAIM AllY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ORCE. IF
YOU DO BOT HAVE A LAWYER OR CARROT AFFORD ORE, GO TO OR TILEPHORE
THE OFFICE SET FORTH BELOW TO FIRD OUT WHERE YOU CAlf GET LEGAL
HELP.
(It.~. I ,. ,I,.,..,...,' .,'1 I"
C......",- ft<l4tJI,f t: <......., .( 0(' I
CARLISLE. PA 17013
(717) ~'1e 11':,/
v.
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COURTY, PEHHSYLVAHIA
I
I NO. 95-5071
I
PATRICIA A. IWAftK,
Plaintiff
RODIII H. IWAlfK,
Defendant
CIVIL ACTION - IN DIVORCE
AMBNDED COMPLAINT IN DIVORCE
1.
Plaintiff is
Pennsylvania,
Hechanicsburg,
Patricia
residing
Cumberland
A. Swank, a citizen of
at 457 Garden Drive,
County, Pennsylvania.
2. Defendant is Rodney H. Swank, a citizen of Pennsylvania
whose current residence is 637 Cedar Ridge Lane,
Hechanicsburg, Cumberland County, Pennsylvania.
3. Plaintiff and Defendant are ill juris and have been
bonafide residents of the Commonwealth of Pennsylvania
for at least six months immediately preceding the filing
of this Complaint.
&.
The parties
married on
Pennsylvania
are husband and wife and were
June 1, 1985 in Cumberland
and have been separated as of Hay
lawfully
County,
of 1995.
5. The marriage is irretrievably broken.
6. There has been no prior action for divorce or annulment
instituted by either of the parties in this or any other
jurisdiction.
7. plaintiff has been advised of the availability of
counseling and of the right to request that the Curt
require the parties to participate in counseling.
8. plaintiff avers that there were no children born of this
marriage.
COURT I.
Request for No-Fault Divorce UDder
3301(c) or (d) of the Divorce Code
9. Paragraphs one through eight are incorporated as if fully
set forth herein.
10. The marriage of the parties is irretrievably broken and
the parties have been separated for more that two years.
11. After ninety (90) days have elapsed from the date of the
filing of this Complaint, Plaintiff intends to file an
affidavit consenting to a divorce. Plaintiff believes
that Defendant may also file such an affidavit. In the
alternative, plaintiff intends to petition the court for
a divorce under 3301 (d) of the Divorce Code.
12. plaintiff has been advised of the availability of
counseling and that Plaintiff and Defendant have the
right to request the Court to require the parties to
participate in such counselling.
WHEREFORE,if both parties file affidavits to a divorce after
ninety days have elapsed from the filing of this Complaint,
Plaintiff respectfully requests the Court to enter a Decree of
Divorce, pursuant to 3301(c) of the Divorce Code. Should Defendant
refuse to sign and file an affidavit, Plaintiff respectfully
requests the Court to enter a Decree of Divorce under 3301(d) of
the Divorce Code.
COURT II.
Reaues~ for 8 F8Ul~ Divorce
Under 3301 (8)16) of ~he Divorce Code
13. Paragraphs one through twelve are incorporated as if
fully set forth herein.
14. Defendant has offered such indignities to the Plaintiff,
who is the innocent and injured spouse, as to render
Plaintiff's condition intolerable and life burdensome.
15. This action is not collusive.
16. plaintiff has been advised of the availability of
counseling and that Plaintiff and Defendant have the
right to request the Court to require the parties to
participate in such counseling.
-- ....
."
WHIRIFORI, Plaintiff respectfullY requests that the court
enter a Decree of Divorce, pursuant to 3301(a)(6) of the Divorcee
code.
COUR'l III.
Jl.a:::~ :~r :::~::l~ ~istr~~:t~:: of
~~;~ ~";f-t.h;' D er 31040 and
3 a Divorce code
1" paragraphS one through sixteen are incorporated as if
fully set forth herein.
18. Plaintiff and Defendant have acquired real property,
tangible personal and intangible property during their
marriage from the date of said marriage until the date of
their separation and thereafter.
.
19, Plaintiff and Defendant have been unable to agree as to
an equitable distribution of said property.
WHEREFORE, Plaintiff respectfully requests the Court to
equitably distribute the marital property of the parties, pursuant
to 3104 and 3502(a) of the Divorce Code.
COUR'l IV.
JeqU:;:)1;:{ :ur:::r:.ra;::::.~lF~:"a::D:::::.::te.
20. paragraphS one through nineteen are hereby incorporated
as if fully set forth herein.
21. By reason of this action, Plaintiff will be put to
considerable expense in the preparation of her case,
employment of counsel and payment of costs.
22. Plaintiff is without sufficient funds to support herself
and to meet the costs and expenses of this litigation and
is unable to appropriately maintain herself,
23. Plaintiff's income is not sufficient to provide for her
reasonable needs and pay her attorney's fees and the
costs of this litigation.
24. Defendant has adequate earnings and would be able to
provide support and alimony pendente lite for Plaintiff
and to pay her counsel fees, costs and expenses.
WHEREFORE, Plaintiff respectfully requests this Honorable
Court to compel Defendant to pay Plaintiff alimony pendente lite,
spousal support, counsel fees, costs and expenses of this action.
COURT v.
Request for Order Granting Alimony to Plaintiff
25. Paragraphs one through twenty four are hereby
incorporated as if fully set forth herein.
26. Plaintiff lacks sufficient property to provide for her
reasonable needs.
27. Plaintiff is unable to sufficiently support herself
through appropriate employment.
28. Defendant has sufficient income and assets to provide
continuing support for Plaintiff.
1fHEREFORE, Plaintiff respectfully requests this Honorable
Court to compel Defendant to pay alimony to Plaintiff.
Respectfully Submitted,
DATE: (I"F II,' fi'i ')
PATRICIA A. SHARK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLIUfD COUNTY, PEHlISYLVARIA
NO. 95-5071
v.
RODNEY H. SHARK,
Defendant
CIVIL ACTION - IN DIVORCE
VERIFICATION
I, PATRICIA A. SWARK, hereby verify that the information
contained in the foregoing Complaint for Divorce are true and
correct to the best of my knowledge, information and belief. I
also understand that false statements made herein are subject to
the penalties of 18 Pa, C.S. S 4904, relating to unsworn
falsification to authorities.
DATE:
?Tffih7
I ,
~~;~,r:r ~/
PATRICIA A.
PATRICIA A. S1fAJIK, , IR THE COURT OF COMMOR PLEAS OF
.
Plaintiff . CUMBERLARD COUNTY, PERRSYLVAJlIA
,
.
,
v. , RO. 95-5071
,
,
,
RODDY 8, S1fAlfJt, , CIVIL ACTIOR - IR DIVORCE
,
Defendant .
.
CBRTIFICATE OF SBRVICB
ARD ROW, this
If
day of August, 1997, I, Lawrence J.
Rosen, attorney for the Plaintiff, hereby certify that a copy of
the foregoing Complaint in Divorce was sent by u.s. Mail First-
Class Certified Mail, postage prepaid, on the following:
RODNEY H. SWANK
637 CEDAR RIDGE LANE
MECHANICSBURG, PA 17055
-~
osen, Esquire
01 No h Front Street
Harris urg, PA 17102
(717) 234-4583
f ..
o- j....
l~
t, ):'(
.. .
~ ~ ~_J
.' /0
(: .t' " C./i
, ~Z.
L. r:Z
\ C' UuJ
Ua..
r- ...;. ..;
~
I. r- 3
l. C'.
<
1= l ~I III
s
tiS
cS ~ f
;:I~;ZO ~ - l:l i::
li~ ~r ~ -~ -I l~ii
.~~ I~
el ~ ~~....
~~~i ~ I~ ~ ~ z!i~
~ . Ji C s;:)
..... . >
>~ .... 0( rA =1
e- o .
t:; ~ III ~ :r:
- I
fil \IQ ~ III U !
0\ .....
~ . ~
~ 2 Co
PATRICIA A. SWARK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVARIA
v.
: NO. 95-5071
,
,
RODNEY H. SWARK,
Defendant
: CIVIL ACTION - IN DIVORCE
,
.
AI.....wA VIT OF SERVICE
I, Lawrence J. Rosen, Esquire, attorney for the Plaintiff,
RODNEY H. SWANK, hereby certify that a copy of the complaint for a
Divorce was served by Certified Mail, Return Receipt Requested on
August 13, 1997, on the following:
RODNEY H. SWANK
637 CEDAR RIDGE LANE
MECHABICSBURG, PA 17055
DATE:
~/;s-#)
, ,
wr e J. Rosen, Esquire
Attorney for Plaintiff
1101 North Front Street
Harrisburg, PA 17102
(717) 234-4583
Atty. 1.0. NO. 10625
i
I
I
I
~ IORYH. ~
637 CEDAR RIOCIE LANE
~ICS8URG. PA 17055
,
.~""_Ilar__
.CloolllIoIo_a,4O,.....
.___..._...._..lIiI_............_lIiI
......-
._lIiI......._.............. ......_. __...
.="_~~.JI'..........._..__
.TIw_....... 10_..___....._
-
&
l_lllIh III NCIM"
~ lIMeN (fat.,
..... 1M):
1. C AddlIlIU"Addr.- ..
2. C ......"""" DeIMIy .I
CanUl poRT 1111 far 1M. f
J
I
.
I
J
~
4a.
P 386 534 527
411.
C~IIIJ'1d
C e.-.... c IrW'Id
C AIUn.....lDr....J_.. C 000
7.
I.
~
..
- 1M " /Mld1
m
REAGER, ADLER & COGNETTI, PC
ATTORNEYS AND COUNSELORS AT LAW
2331 MARKET STREET
CAMP HILL. PENNSYLVANIA 17011-4642
717.763.1383
TELEFAX 717,909-4333
WEBSITE: ReagerAdlerPC.com
THEODORE A. ADLER +
DAVID W. REAGER
MARIA P. COGNETTI ++
LINUS E. FENICLE
DEBRA DENISON CANTOR
THOMAS O. WILLIAMS
SUSAN H. CONFAIR
JULIE A. McCONAHY
. Certified Civil Trial Specialiat
... Fellow. AmeriCan Academy
or Malttmonial Lawyers
May I, 2000
Honorable Edward Guido
Cumberland County Court of Common Pleas
One Courthouse Square
Carlisle, P A 17013
RE: Patricia A. Swank v. Rodney H. Swank
No. 95-5071
Our File No. 00-284
Dear Judge Guido:
The above-captioned matter is scheduled for a hearing on my Petition to Enforee the
Marital Settlement Agreement at 10:30a.m. on May 10. 2000. 1 have been contacted by Mrs.
Swank regarding her processing and mortgage assumption presently. I am requesting a
continuance of the hearing pending her approval to assume the mortgage. If that occurrence
takes place, 1 will withdraw illY Petition for Enforeement of the Marital Settlement Agreement.
Your attention is greatly appreciated.
DDC/kkp
cc: Patricia A. Swank
Larry Rosen, Esquire
......~, ...., l~ l....,..~,. ......... II..",............ ~,_. lu" ,_ ..-..... <1.1,....-......_ "101
r
\lJIIub\lamllr IItw'OiCftt ~1'lCtllr)'\S..ri.R."ilIadanp\a\rorumml rtt11iOll ff rMf11J1 Htllcmtm I&ftmWtIC oapd
APR 11 2000(90
April ',:000
PATRICIA A. SWANK
PlaintifffRespondent,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 95-5071
RODNEY H. SWANK,
,
Defendant/Petitioncr
: CIVIL ACTION - LAW
ORDER
.
AND NOW, this _ day of 2000, upon consideration of the
Defendant/Petitioner's "Petition for Enforcement of Marital Settlement Agreement",
(a) Respondent is directed to immediatety initiate the refinancing process whereby
Petitioner's name will be removed from the parties' existing mortgage;
(b) Respondent shall continue with such process, with no lapse of time between any
required applications, until said process is completed;
(c) Respondent shall provide all counsel with written proof of the refinance process
within seven days from the date of this Court's Order, and Respondent shall
continue to provide Petitioner with written updates as to the progress of such
refinancing attempts and related matters;
(d) Refinancing shall be completed within sixty (60) days from the date of this
Court's Order; or, in the alternative:
(i) The real property in question shall be listed for sale within thirty
(30) days from the date of this Court's Order. and Respondent shall be responsible
for all costs of such sale;
(e) Respondent is directed to pay Petitioner the sum of Three Hundred Dollars ($300)
which represents the attorneys fees and costs incurred by Petitioner as a result of
enforcing the partics' Marital Settlement Agreemcnt. plus :tdditional Sllll1S if a
hearing is necessary.
(f) Respondent sl1<l1l pay the alorelllentioned ;lllorneys fees :tnd costs in full witlun
thirty days from the date of this Court's Order.
IT IS SO ORDERED.
BY TilE COURT:
J.
I:9l:l-&llt It ILl
Zm-llOLl Vd '11H dWVO
1331US 13l1lJVW IEtZ
MVl .LV SA3NYOllV
':>iI 'lll3N!l0:> " Y310V 'Y3!1V3Y
~ UI .,..
C; ...:1 I-
., "
...
l.... ("': .(
'- . ..
!'- .
l~. .
'- J
L .--.. i
I ,
L , ..J
, .
.. ~
lL c:: .. 5
L) " , (J
-,
. ..
.
.. .
. .. III
.
APR 1 1 2IJ.JJrP
.
. '" .
.
,
\\NIIb'fA/Tllly 1....'{1ltnlll"n.".)",,'i..III~M'rlta.Ln'.(1lr,.~,tmml VC'hIM'tI Ie lNIu.:a1 KllltllWnl ~IC"m'IC'nI IIpl
Arul',:lXX>
REAGER, ADLER & COGNETTI, PC
DEBRA DENISON CANTOR, ESQUIRE
Attorney 1.0. No. 66378
2331 Market Street
Camp Hill. PA 17011-4642
Telephone No. (717) 763-1383
Attomevs for Plaintiff
PATRICIA A. SWANK
Plaintiff/Respondent.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY. PENNSYLVANIA
v.
: NO. 95-5071
RODNEY H. SWANK,
Defendant/Petitioner
: CIVIL ACTION - LAW
PETITION FOR ENFORCEMENT OF
MARITAL SETTLEMENT AGREEMENT
AND NOW, this 5th day of April 2000, the Defendant/Petitioner. by and through his
counsel. Debra Denison Cantor. Esquire and the law finn ofReager. Adler & Cognetti. P.C.. files
the within Petition. stating in support thereof, as follows:
I. Rodney H. Swank, (hereinafter referred to as "Petitioner") is an adult individual
residing at No. 100,2114 Green Watch Way. Reston, Virginia 20191.
2. Patricia A. Swank. (hereinafter referred to as "Respondent") is an adult individual
residing at 637 Cedar Ridge Lane. Mechanicsburg, Cumberland County, Pennsylvania.
3. Petitioner and Respondent entered into a Marital Settlement Agreement
(hereinafter referred to as "Agreement") on the 9th day of May 1999. A copy of said Agreement
is attached hereto and incorporated herein by reference as Exhibit "A".
.
,.
',SIl\! ramll).I...'{'hmllftlh.....yS.lIlk-R'..twn..lftlf,.unw:n1 J'C'lIUtllllt ITIMU.J \C"lllnllnll JfI<<tTlC'nt _,lid
ApIll ',:1101)
4. Thc partics' Marital Sclllcmcnt Agrccmcnt was incorporatcd into thc Dccrcc in
Divorcc cntcrcd by this Honorablc Court on or about Junc 2.1999. A copy of said Divorcc
Dccrcc is allachcd hcrcto and incorporatcd hcrcin by rcfcrcncc as Exhibit "B".
S. Pursuant to paragraph e1cvcn of thc Agrccmcnt, Rcspondcnt agrccd to rcfinancc
thc cxisting mortgagc, for purposcs ofrcmoving Pctitioncr's namc from such mortgagc, within
onc hundrcd twcnty (120) days from thc datc of said Agrccmcnt. (Scc Exhibit "A".)
6. Thc partics' Agrccmcnt providcs that inthc cvcnt ofa brcach ofthc Agrccment.
thc non-brcaching party shall obtain counscl fccs and costs. (See paragraph twenty of Exhibit
HAU.)
7. On or about March 8, 2000, counscl for Petitioncr sent a Ictter to counsel for
Respondent advising of Rcspondent's failurc to comply with the refinancing and furthermorc,
placing Rcspondcnt on notice as to Pctitioncr's intention to pursuc enforccmcnt of the parties'
Agreement. (A copy of said correspondencc is allached hcrcto and incorporated herein by
reference as Exhibit "C".)
8. Petitioner's correspondence of March 8'h further indicated that Petitioner would
seek counsel fees and costs should Respondcnt fail to abide by the terms of the parties'
Agreement within three weeks from thc date of such correspondence. (See Exhibit "C".)
9. To date, scven months ha\'c e1apscd since the expiration of the 120-day period
allowed for Rcspondent's rcfinance, and Rcspondent has failed to completc the agreed-upon
rcfinancing.
10. Respondent and/or hcr counsct havc also failed 10 rcspond to counsel's letter of
March 8, 20{)().
,
\'NUb'flmll)' l,aOlml 1>Irft.I",,..~Ii..an~.k'rlC'''''nl1\tn(,..tmtnl Ilthl"-.! re rnAnl.lllrtllnMnllJf<<mml_pI
,.
Apnl', ~fJOO
VERIFICATION
I, Debra Denison Cantor. Esquire. hereby verify that I am counsel of record for the
pleading party; that I am authorized to verify this Petition for Enforcement of Marital Settlement
Agreement on behalf of my clicnt; and that the statements made in this Petition are true and
correct based on the information provided.
Date: 'I-S_oo
,
, NIIll r....uly IA.rh",IIJl'C'\h->'_'.M1~ Itplt..J'''J' C11(,"~rnlC'flll"hl"," Ie ~ll.\l u"lmlMll "J'mntl.l -I.J
"1'111',:1__'
PATRICIA A. SWANK
Plainti fflRespondellt,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY. PENNSYL VANIA
v.
: NO. 95-5071
RODNEY H. SWANK.
Defendant/Petitioner
: CIVIL ACTION - LAW
ORDER
AND NOW, this _ day of 2000. upon consideration of the
Defendant/Petitioner's "Petition for Enforcement of Marital Settlement Agreement",
(a) Respondent is directed to immediately initiate the refinancing process whereby
Petitioner's name will be removed from the parties' existing mortgage;
(b) Respondent shall continue with such process. with no lapse of time between any
required applications. until said process is completed;
(c) Respondent shall provide all counsel with written proofofthe refinance process
within seven days from the date of this Court's Order. and Respondent shall
continue to provide Petitioner with written updates as to the progress of such
refinancing attempts and related matters;
(d) Refinancing shall be completed within sixty (60) days from the date of this
Court's Order; or, in the alternative:
(i) The real property in question shall be listed for sale within thiriy
(30) days from the date of this Court's Order. and Respondent shall be responsible
for all eosts of such sale;
(e) Respondent is directed to pay Petitioner the sum ofThree Hundred Dollars ($300)
which represents the attorneys fees and costs incurred by Petitioner as a result of
enforeing the parties' Marital Settlement Agreement, plus additional sums if a
hearing is necessary.
(I) Respondent shall pay the aforementioned attorneys fees and costs in full within
thirty days from the date of this Court's Order.
IT IS SO ORDERED.
BY THE COURT:
1.
\ Ntdlflmlty u.\{ltnd l"'t\"ll""'S.~~ Rpt..s.n,unfurtcmmt JWtIIl.'" It~'laI Wld",,",1 ....mnrnt_pI
Apnlt 21..)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PATRICIA A. SWANK, No. 95-5071
Plainti ff1Respondent.
v.
CIVIL ACTION - Law
RODNEY H. SWANK.
DefendantlPetitioner
RULE
Upon consideration of the within Petition for Enforcement of Marital Seulement
Agreement. a Rule is entered upon the Respondent to show cause why the relief requested by
Petitioner should not be granted.
Rule returnabte at a hearing is scheduled for the _ day of 2000 at
a.m.lp.m. in court room number _ of the Cumberland County Court House.
BY THE COURT:
1.
_.-
.
"'lib flnlll} I... ('I1",tlhtn;".,. .~...""~ . J'lta.1l".t tflh"~nnc-nl ('C'IIII'''''' ,.....W wtllcmmt."rc'lTlmt _,.I
A,lul ~.:UWI
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
PATRICIA A. SWANK.
Plaint i fTlResponden t.
No. 95-5071
v.
CIVIL ACTION - Law
RODNEY H. SWANK,
Defendant/Petitioner
ORDER
AND NOW, this _ day of 2000, upon eonsideration of the
Defendant/Petitioner's "Petition for Enforcement of Marital Settlement Agreement".
(a) Respondent is directed to immediately initiate the refinancing process whereby
Petitioner's name will be removed from the parties' existing mortgage;
(b) Respondent shall continue with such process, with no lapsc of time between any
required applications. until said process is completed;
(c) Respondent shall provide all counsel with written proof of the refinance process
within seven days from the date of this Court's Order. and Respondent shall
continue to provide Petitioner with written updates as to the progress of such
refinancing attempts and related matters;
(d) Refinancing shall be completed within sixty (60) days from the date of this
Court's Order; or. in the alternative:
(i) The real property in question shall be listed for sale within thirty
(30) days from the date of this Court's Order. and Respondent shall be responsible
for all costs of such sale;
(e) Respondent is directed to pay Petitioner the sum ofThrce Hundred Dollars ($300)
which represents the attorneys fees and costs incurred by Petitioner as a result of
enforcing the parties' Marital Settlement Agn:ement, plus additional sums if a
hearing is necessary.
(I) Respondent shall pay the aforementioned allomeys fees and costs in full within
thirty days from the date of this Court's Order.
IT tS SO ORDERED.
BY TIlE COURT:
J.
lXI_IT A
i ,
I
(r-
, .
IN THE COURT OF COMMON PLEAS
CUMBER1.AND COUNTY
PATRICIA A. SWANK v. RODNEY H. SWANK
DOCKET NO. 95-5071 CML LA W-IN DIVORCE
~
MARITAL SETTLEMENT AGREEMENT g :g Q
~f!f ~ . .:~:o
cn~' , :uf!i
~6 - {3 i'
TH1SAGREEMENTmadethis-.:Ldayof ffiAV .1999,h?:~bi9tee~~
'lie' w ~o
:2 " 0"'"
PATRICIA A. SWANK, hereinafter called "WIFE", ~ :::0 ~
'.0 :0
-<
AND
RODNEY H. SWANK, hereinafter called "HUSBAND".
WITNESSETH:
WHEREAS, Husband and Wife were married on June I, 1985 in St. Croix, United States
Virgin Islands; and
WHEREAS, no children were born of this marriage; and
WHEREAS, certain differences have arisen between the parties as a result of which they
separated in June of 1995 and are desirous, therefore. of entering into an Agreement which will
distribute their marital property in a manner which is considered to be an equitable division of all joint
property. and will provide for the mutual responsibilities and rights growing out of the marriage
relationship; and
.J1IEREAS, there has been a complete disclosure of the earnings and property of each party,
and each understands his\her rights under the Divorce Code of the Commonwealth of Pennsylvania;
c
and
WHEREAS, the parties hereto, Wife having been properly advised by her attorney, Lawrence
1. Rosen, Esquire and Husband, having waived his right to counsel and choosing to proceed pro se,
.
have come to this Agreement. The parties heretofore. intending to be legally bound, covenant,
promise and agree as foUows:
.
I. CONSIDERATION. The consideration for this Agreement is the mutual promise,
covenants and agreements herein contained.
2. SEPARATION. It shall be lawful for each party at all times hereafter to live separate
and apan from the other party at such place or places as he or she may from time to time choose or
deem fit. The foregoing provision shall not be taken as an admission on the part of either party of
the lawfulness of the causes leading to their living apart.
3. NO INTERFERENCE. Each party shall be free from interference. authority and
control, direct or indirect, by the other, as fully as if he or she were single and unmarried.
4. COUNSEL FEES.
A. The parties agree to assume responsibility for their own legal fees, if any.
5. SUPPORT. The parties agree to waive any rights to support which one may have for
or against the other.
6. AUMONY. The parties agree to waive any rights to alimony which one may have
for or against the other.
2
('
9, HUSBAND'S DEBTS, Husband represents and warrants to Wife that since the
separation he has not and in the future will not contract or incur any debt or liability for which Wife
or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims
,
or demands made against her by reason of debts or obligations incurred by him.
10. OUTSTANDING DEBTS. The parties affinn that, with the exception of th~
mortgage covering the marital residence there are no existing marital debts.
11. REAL ESTATE The parties agree that Husband shall transfer his interest in the
marital residence located at 637 Cedar Ridge Lane, Mechanicsburg, Cumberland County,
Pennsylvania to Wtfe. Wife agrees that the existing mortgage shaIl be refinanced and Husbands name
shall be removed from said mortgage within 120 days from the date of this Agreement. Until the
occurrence of said refinancing, Wtfe agrees to hold Husband harmless and to reimburse him for any
payments which he may make pursuant to any encumbrance currently on said residence or any other
expenses related thereto. Husband agrees that he will execute a deed transferring his interest in the
subject property to Wife and will deliver same to Wife's attorney. Wife agrees that aforesaid deed
will not be recorded until such time as the court executes a Decree in Divorce.
12. DISTRIBUTION OF PERSONAl. PROPERTY.
A. Housfhold Property.
The panies hereto mutually agree that they have effected a satisfactory division of the
furniture. h.)usehold furnishings. appliances. and other household personal propeny between them.
4
( .-
('
The parties hereto have divided between themse1ves, to their mutual satisfaction, all items of tangible
and intangible marital property. Neither party shall make any claim to any such items of marital
property, or of the separate personal property of either party, which are now in the possession and/or
~
under the control of the other. Should it become necesslllY, the parties will agree to sign, upon
request, any title or doaunents necessary to give effect to this paragraph. Property shall be deemed
.
to being the possession or under the control of either party if, in the case of tangible personal
property, the item is physica1ly in the possession or control of the party at the time of the signing of
the Agreement and, in the case of intangible personal property, if any physical or written evidence of
ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing
is in the possession or control of the party. Husband and Wd'e shall each be deemed to be in the
possession and control of their own individual pension or other employee benefit plans or retirement
benefits of any nature to which wither party may have a 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 in such benefits during the period of separation, except as stated herein or subsequently
agreed upon in writing.
13. MEDICAL INSURANCE. Both parties agree to continue to assume responsibility
for their own medical insurance.
14. TAX RETURNS. Both parties agree that they shall file separate federal lax retum
for ta.x year 1999 and shall pay any deficiencies or receive any refunds attributable thereto.
IS. MUTUAL CONSENT Dn'ORCE. This Agreement shall operate as a full and final
5
( ,
(
have in the future under the Pennsylvania Divorce Code, as amended, or under any other statutory
or common law, except any and all causes of action for divorce and all causes ofaction for breach
of any provisions of this Agreement. Each party also waives his or her right to request marital
counseling. pursuant to 3302 of the Divorce Code.
,
18. WAIVERS OF CLAIMS AGAINST ESTATES. Except as herein otherwise
provided. each party may dispose ofhis or her property in any way, and each party hereby waives an~
relinquishes any and all rights he or she may 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, courtesy, 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 exeartor of the other's estate, and any right existing now or in the future under the Pennsylvania
Divorce Code, as amended from time to time. 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.
19. RIGHTS ON EXECUTION. Immediately upon the execution of this Agreement.
the rights of each party against the other, despite their continuing marital status, shall terminate and
be as if they were never married.
20. BREACH. In the event of breach of any of the tenns of this Agreement, the non-
breaching party shall be paid, as part of any award or judgment against the breaching party, all costs,
including actual counsel fees paid to his or her attorney
7
21. INCORPORATION INTO FINAL DIVORCE DECREE. The tenns of this
Agreement shall be incorporated but shall not merge into the final divorce decree between the parties.
The parties intend that this Agreement shall be enforceable under the Divorc!= Code of 1980, as
amended. and, in addition, shall retain any remedies in law or in equity under this Agreement as an
independent contract. Such remedies in law or equity are specifically not waived or released. .
22. ADDmONAL INSTRUMENTS. Each of the parties shaU 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
23. SEPARABlLITY. In case any provision of this Agreement should be held to be
contrary to. or invalid under, the law of any count!)'. state or other jurisdiction, such illegality and
invalidity shall not in any way affect the other provisions hereof, ail of which shall continue,
nevertheless, in fuD force and effect, and each paragraph herein shall be deemed to be a separate and
undisputed covenant and agreement
24. ENTIRE AGREEMENT. This Agreement contains the entire understanding of
the parties and there are no representations, warranties, covenants and undertakings other than those
expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this
Agreement with respect to the distribution and di\;sion 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
8
~.
(
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 distn"bution of their property by any court of competent jurisdiction pursuant to Section
~
3502 of the Divorce Code or any other laws. Husband and Wife each voluntarily and intelligently
waive and relinquish any right to seek a court ordered detennination 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.
25. MODIFICATION AND WAlJIER.
A modification or 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 the
provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same
or similar nature.
26. INTENT.
It is the intent of the parties by this Agreement to fully and fina1ly
foreclose any resort to the courts for relief on the basis of any statute or case law presently existing
or which may exist at some time in the future within the Commonwealth of PeMsylvania, including
but not limited to equitable distribution. alimony and other relief under the PeMsylvania Divorce
Code, as amended. This Agreement has been drafted and accepted on the basis that such resort
would constitute a breach under this Agreement, entitling the non-breaching party to reimbursement
for actual cnunsel fees. Other than as pro\;ded by the terms of this instrument, it is intended that the
court shaU treat the parties as if they had never entered into a marital relationship. This Agreement
9
(
~
(
shall be intelpreted and governed by the taws of the Commonwealth of Pennsylvania and, where such
law is inconsistent, the terms of this instrument shall govern.
7.7. YOLUNTARY EXECUTION. The provisions of this Agreement and their legal
.
effect have been fully explained to Wife by her counsel, Lawrence J. Rosen, Esquire, Husband having
knowingly and intelligently waived his right to be consult with an attorney and the parties agree that
.
the instant Agreement is 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 of the
other which has been requested by each of them and/or by their respective counsel. Husband, being
advised that he has the right to obtain independent advice from the attorney of his choice, hereby
waives his right to obtain counsel.
7.8. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for
convenience only. They shall have no effect whatsoever in detennining the rights or obligations of
the parties
7.9. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall
inure to the benefit of the parties hereto. and their respective heirs. executors, administrators.
successors and assigns.
30. RECONCILIATION. Notwithstanding a reconciliation between the parties. this
Agreement shall continue to remain in full force and effect absent a writing signed by the parties
stating that this Agreement is null and void
10
.
. .
r
,
.
IN WITNESS WHEREOF, The parties hereto have hereunto set their hands and seals
the day and year first above written.
~
WITNESS:
.
~fL.
~~
TRICIA A. SW ANI<. WI e
~, ~s::: ~
RODNEY .SWANK,Hu;.~
11
.
"
..
EXHIBIT B
"
.
.\
'.
~
"
~
~
~
~
.,
s
,-
~
~
~
,.'
i
'.'
8
~
M
..'
~
,:.
~
,:,
~
~
~i
~ ,-- ,
?...:. .:..:. .:.:
. I, .
.
._~.~~...~.~~~~~~.~~.~_.~~._~~.x~~~~~~.~~~~;
~ -
..'
~ ..
~ ~
~ IN THE COURT OF COMMON PLEAS ~
~ ~
~ OF CUMBERLAND COUNTY ~
~ - ~
~ '~ ~
~ STATE OF .. PENNA. :
~ ~
6
~
~
~
~
~
~
6
~
t
,~
~
,
~
~
~
~
,
s
....................................
i
~'
~
~
~.
PATRICIA A. SWANK
N()...9..~...~.~.!..1.... .................
..............................
....... ................................ II
VeJ'SUS
.
~
.'
RODNEY H. SWANK
,
,I
. .................... ~
;i
8
.'\
.~
~
.:..
~
DECREE IN
DIVORCE
i
".~
~
~.~
at 3:50 p.m.
AND NOW, . .. .. .. . . ~!1!1~. ~/. .... .... .. .. 19 .~~. ". it is ordered and
decreed that ~~~~~~.I.-,! .~~. .f!~~...... ...... . ..............., plaintiff,
and . !t~.~~~. .~~. ~~~~.. .... ........ ... . .. . . .... .... " ....... defendant.
are divorced from fhe 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;
~~.~~~.t.. th~.t . ~~~. .~~~.s. .o~. .~~t;!. P.~~~i.~.~ ~ . ~!l.r:~t!l.l. .~~~.t.l,~~.l\t; MJ;'e~ment i~
~a.~~<;l. ~~~. ~.' .199.9 and. .execu~e~.~y. ~tt.~ .P!l,t:t;i,~;;. .lle. ;i.nC:Qn>~:u;ated .and ~
not merged into the Divorce.
Dy The Court:
/5/ Edward E. Guido
Allest:
~
J.
~
\,.,
.~
I'
(~
/..
i'
, ., - - . - . ~. .. , ". ~
********************
thonotary
CTRTI flED COP'f ISSUED JUNE 4. 1999
g
I.'
~
~"
~
;-;
"
v
M
.,
,
~
i
'.'
:i:
~~
s
w
'.'
~
*
~
.~
~
EXHIBIT C
.,
"
. .. J
.
.. .
'Nil" rJmII~ 111iI'OIC1l1111rf(1.1f)",s......R.'JoI'....n"mf..tntltlll Jltllll.~ It mlnl.&l V'ldnnr:nl 'fjlftlllCTll "'roJ
"1"11 ~,~(~.l
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PATRICIA A. SWANK,
No. 95-5071
Plainti ff/Respondenl,
v.
CIVIL ACTION. Law
RODNEY H. SWANK,
DefendantIPetitioner
CERlIFICA TE QF SERVICE
:11-: ") /. .
ANDNOW,this h dayof {JI~
2000, I hereby veri fy that I have
caused a true and correct copy of the Defendant/Petitioner's Petition for Enforcement of Marital
Settlement Agreement to be placed in the U.S. mail, first class, postage prepaid and addressed as
follows:
Larry Rosen, Esquire
Krevsly & Rosen, P.c.
1101 North Front Street
Harrisburg, PA 17102
Attorneys for Plaintiff/Respondent
,^
:;:/1::-.
cbra Den,i<<6n tor. Esquire
I.D. No. 66378
Reager. Adler & Cognctti, P.c.
2331 Market Str~'Ct
Camp Hill. Pennsyl\ania 17011-4642
Allllrneys ti,lr Petitioner
\