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HomeMy WebLinkAbout00-00750IN THE COURT OF COMMON PLEAS Deborah C. Ryerson Plaintiff No. 00-750 VERSUS William C. Ryerson Defendant DECREE IN DIVORCE AND NOW, c/u a -2 cF ZaDO , IT IS ORDERED AND DECREED THAT Deborah C. Ryerson ,PLAINTIFF, AND William C. Ryerson DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marital Settlement Agreement of June 16, 2000 is hereby incorporated. BY THE COURT: ATTEST: J. PROTHONOTARY ?..?? DEBORAH C. RYERSON Plaintiff V. WILLIAM C. RYERSON Defendant T : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-750 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for the divorce is irretrievable breakdown under Section of 3301(c) of the Divorce Code. 2. Defendant's Attorney Hubert X. Gilroy signed an Acceptance of Service dated February 14, 2000. 3. Plaintiffs Affidavit required by Section 3301(c) of the Divorce Code was executed by the Plaintiff on June 16, 2000. 4. Defendant's Affidavit required by Section 3301(c) of the Divorce Code was executed by the Defendant on June 16, 2000. 5. There are no related claims pending. The parties agree to the entry of the Marital Settlement Agreement dated June 16, 2000, to be incorporated into the final Decree of Divorce between them. Respectfully submitted, 19 Jwne 20©© ANDREA C/. JACO,BSEN, Esquire 52 E. High Street Carlisle, PA 17013 (717) 249-6427 Attorney for Plaintiff CD > G r TJ kc) DEBORAH C. RYERSON, Plaintiff V. WILLIAM C. RYERSON Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 002750 CIVIL TERM : IN DIVORCE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 L. DEBORAH C. RYERSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 002750 CIVIL TERM WILLIAM C. RYERSON : IN DIVORCE Defendant : 1. Plaintiff is DEBORAH C. RYERSON, who currently resides at 4 Brian Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is WILLIAM C. RYERSON, who currently resides at 103 Schoolfield Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 21, 1981, in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the court to enter a decree of divorce. COUNT II - EQUITABLE DISTRIBUTION 9. Plaintiff incorporates herein the prior paragraphs by reference. 10.The parties are the owners of personal property subject to equitable distribution between them as marital property. 11. The Plaintiff requests the Court to equitably divide such items of marital property between them. WHEREFORE, the Plaintiff requests this Court to: a. Enter a final Decree of Divorce divorcing the Plaintiff from the Defendant; and b. Grant equitable distribution of the marital property of the parties; and c. Grant such further relief as it shall deem proper and just. Respectfully submitted, 52 E. High Street Carlisle, PA 17013 (717) 249-6427 Attorney No. 20952 I hereby verify that the statements made in the foregoing 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. E f ? DEBORAH C. RYERSO f?f' T -` /? (A ?1 v L a, ? ?( ? . 4 l ?a' _ (...I „? G ? ... Cw" -<! 7 f G V °`? _ _ _` -` ZCJ .. _?.. ` ?i.? L _.? '?' c? •n DEBORAH C. RYERSON Plaintiff V. WILLIAM C. RYERSON Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-750 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under the Divorce code was filed February 8, 2000, on the grounds that the marriage of the parties is irretrievably broken. 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 a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in the 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: I lY C. - -a r C. i L --r fn r DEBORAH C. RYERSON Plaintiff V. WILLIAM C. RYERSON Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-750 CIVIL TERM : IN DIVORCE WIAVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 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: 6-16-co BORAH C. RYERSON n ?--, ?_ ?=_? -.,?_ - ri^ - , ; I ` " -- I ?``. 'd -<,<. '?i?7 _ r' ? ?J ? l I f ; .. `J C-'1 ^? t3J 3301(c).not DEBORAH C. RYERSON Plaintiff v WILLIAM C. RYERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-750 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on February 8, 2000. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about February 14, 2000. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: -/V ' GG CrG?G? William C. Ryerson/Defendant n c7 C C CD ITi fn -?? - -n C iT7 ?' .. ] DEBORAH C. RYERSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00-750 CIVIL TERM WILLIAM C. RYERSON : IN DIVORCE Defendant : I, HUBERT X. GILROY, Attorney for the Defendant in the above-captioned matter, accept service of the Complaint Under Section 3301(c) of the Divorce Code. I hereby verify that the statements made in the foregoing 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: 2f t yf l ob l HUBERT X. GILRO , Esquire 4 North Hanover Street Carlisle, PA 17013 CJ-, , = r n DEBORAH C. RYERSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00-75D CIVIL TERM WILLIAM C. RYERSON : IN DIVORCE Defendant : WAIVER OF COUNSELING DEBORAH C. RYERSON, Plaintiff herein, hereby states and certifies as follows: 1. 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 Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that 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 falsifica ' n to authorities./? Dated: -a/- 0o C. 15 EBORAH C. RYERSO C °•'7 mir ?-?r -- j ??:' ? G ?? ' ` a ?. z? F_ J ?f_' -[3 G ?:; ,r: ?C :.3 ?j ?? f7 -{ CTS -G DEBORAH C. RYERSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00-750 CIVIL TERM WILLIAM C. RYERSON : IN DIVORCE Defendant MARITAL SETTLEMENT AGREEMENT - p THIS MARITAL SETTLEMENT AGREEMENT is made this 16 day of 2000, by and between DEBORAH C RYERSON, ("Wife") and WILLIAM C. RYERSON ("Husband"). WHEREAS, the parties were married on November 21, 1981, and have remained married since that time; and WHEREAS, certain differences have arisen between the parties and, as a consequence, they are living separate and apart from each other; and WHEREAS the parties wish to set forth certain covenants and understandings regarding their separation and their respective property rights; NOW THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties hereto, intending to be legally bound, covenant and agree as follows: 1. VOLUNTARY AGREEMENT: The parties agree that this Marital Settlement Agreement is entered into voluntarily and after due deliberation by each of them. Wife is represented by Andrea C. Jacobsen, Esquire, JACOBSEN & MILKES, and Husband is represented by Hubert X. Gilroy, Esquire,. 2. SEPARATION AND NON-INTERFERENCE: It shall be lawful for Wife and Husband at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, harassment or interference, indirect or direct, from each other. The 1 foregoing provisions shall not be taken to be an admission on the part of either party of the lawfulness or unlawfulness of the causes leading them to live apart. 3. DIVORCE ACTION: The parties acknowledge that an action for divorce between them has been filed by Wife in the Court of Common Pleas of Cumberland County, Pennsylvania, Ryerson v. Ryerson, No. 00-750 Civil Term. The parties hereby acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle, amicably and fully hereby, all claims which might be raised by either party in the divorce action. The parties acknowledge that they are executing, at the time of signing this agreement, the necessary Affidavits of Consent and Waivers of Notice of Intention to Request Entry of a Divorce Decree in the pending action. 4. LEGAL ADVICE: The parties acknowledge that Husband has been represented by Hubert X. Gilroy, Esquire, as counsel in this matter, and that Wife has been represented by Andrea C. Jacobsen, Esquire, JACOBSEN & MILKES in this matter. Wife and Husband each acknowledge that they have received, or have had the opportunity to receive independent legal advice from counsel of her or his selection prior to the execution of this Agreement. Each party agrees that she or he each fully understands the facts surrounding this divorce, and each has had the opportunity to be fully informed as to her or his legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after Wife's consultation with her attorney and Husband's opportunity to consult with his attorney. The execution of the Agreement is not the result of any duress or undue influence, and it is not the result of any collusion or improper illegal agreement or agreements. The parties acknowledge that each has been fully informed of, 2 or is familiar with, the wealth, property, state, and income of the other, and each party is hereby satisfied that such information is true and correct. 5. PERSONAL PROPERTY: The parties acknowledge that Wife has removed all her personal property from the marital home prior to the execution of this Agreement. All property presently in the home, except as specifically addressed in this Agreement, is and shall remain the sole property of Husband. The parties agree that should Husband leave the marital home, or if Husband decides he no longer wants the jukebox located in the marital home, Wife will have the opportunity to purchase the jukebox at 50% of its appraised value. The parties acknowledge that there has been distribution of their items of personal, tangible and intangible property, between them since their separation, and, except as otherwise provided for herein, or as may be mutually agreed upon by the parties, each agrees that the division of such property is to their mutual satisfaction, subject to the further terms of this Marital Settlement Agreement. Except as otherwise provided for within this Marital Settlement Agreement, each of the parties shall hereafter own and enjoy, independently of any claim or right of the other party, all items of personal, tangible and intangible property now or hereafter owned or held by her or him with full power to dispose of the same effectively and for all purposes as if she or he were unmarried. 6. MARITAL HOME: Husband currently resides in the home purchased by the parties at 103 Schoolfield Drive, Carlisle, Pennsylvania, and has maintained his residence in the home since the separation of the parties. Husband agrees to accept responsibility for any debts or obligations stemming from his current occupancy of the home including any current unpaid real estate taxes, utilities, assessments, and any other obligations 3 directly accruing from the ownership and occupancy and to hold Wife harmless from any responsibility for such expenses incurred and unpaid since October 7, 1999. The parties acknowledge that except as provided for herein, Wife has removed all her personal property from the marital home, and has no further claim or interest in any of the contents of the premises. In consideration of the mutual promises of the parties, Wife agrees to convey to Husband any and all interest she has in the marital real estate. Wife agrees that upon Husband's request, she shall execute a Deed transferring ownership of the home solely to Husband at such time as Husband provides evidence to Wife that the outstanding joint credit card debt of the parties has been satisfied as set forth in paragraph 7, below. Notwithstanding the transfer of title to Husband, the parties agree that if at some future time Husband shall sell or convey his interest in the home located at 103 Schoolfield Drive, Carlisle, Pennsylvania, Wife will have the right of first refusal to purchase the home at a fair market price, or at a price agreed to by the parties. 7. CREDIT CARD DEBT: The parties acknowledge that there is currently an outstanding credit card debt which was incurred in connection with certain unpaid federal income taxes of the parties and that they have each been paying $500. per month on account of the debt. The current balance of the obligation is approximately $12,000. Wife hereby agrees to pay an additional $1,500 toward the remaining balance in the form of a lump sum payment at the time of transfer of title of the marital real estate. Husband agrees to pay the balance of the debt and to satisfy the joint obligation prior to or at the time of the transfer of title of the marital real estate. The parties further agree that any further payments made on said credit card by Wife will be credited toward the moneys due Husband at the time of the transfer of the marital real estate. 4 8. PENSION ACCOUNTS: Each party is and shall be considered to be a sole owner of any and all retirement, 401(k), pension, or other similar benefits now held in his or her name or on his or her behalf. Each party hereby waives and releases any and all claim or interest in the accounts of the other party. Each party hereby agrees to execute any necessary documents or to otherwise cooperate to effectuate the intent of this paragraph. The parties acknowledge that the accounts to be distributed, and the marital values of the account as of date of separation are as follows: Account Date of Separation Value To Wife: TIAA CREF - Retirement Annuity, prorated value a/o 10/7/99 121,082 Salomon Smith Barney IRA Accts - Deb - a/o 12/31/99 17,651 Salomon Smith Barney Roth IRA Acct - Deb - a/o 12/31/99 2,512 Account Date of Separation Value To Husband: Salomon Smith Barney Roth IRA Acct - Bill a/o 12/31/99 2,263 Salomon Smith Barney IRA Acct - Bill- a/o 12/31/99 16,987 9. STOCKS, BONDS, SAVINGS ACCOUNTS: The parties hereby agree that the following joint accounts shall be transferred to the individual title of Wife and that she shall thereafter be the sole owner of such assets. Husband hereby waives and releases to Wife any and all claim or interest in the said accounts. The parties hereby agree to execute any necessary documents or to otherwise cooperate to effectuate the intent of this paragraph. The parties acknowledge that the accounts to be distributed, and the marital values of the account as of date of separation are as follows: Account Salomon Smith Barney Acct - Joint - a/o 2/23100 Fahnestock Account - Joint value a/o 2/24/00 Date of Separation Value 53,118 10,115 5 10. NON MARITAL REAL PROPERTY: The parties acknowledge that Wife has purchased, since separation, certain real property at 38 Liberty Court, Carlisle, Pennsylvania, out of non-marital funds, which she holds in her individual title. Husband agrees that such real property is non-marital property and he waives and releases any and all claim, interest or title in such property. 11. EXECUTION OF DOCUMENTS: Each of the parties shall, from time to time at the request of each other, execute, acknowledge and deliver to the other party any and all further instruments that may reasonably be required in order to give full force and effect to the provisions of this Agreement. 12. MUTUAL RELEASE AND COUNSEL FEES: Except as provided for in this Agreement, the parties hereby remise, release, quit-claim and forever discharge each other and the estate of each other, for all time to come, and for all purposes whatsoever, from any and every claim, including alimony, alimony pendente lite, spousal support, equitable distribution of marital property, counsel fees or costs under the Divorce Reform Act, or otherwise, that they make or hereafter make in and to or against each other's estates or any parts thereof, whether by way or dower or courtesy, or under the intestate laws, or the right to take or elect against the other's will, except only such rights as accrue pursuant to this Agreement. 13. ENTIRE AGREEMENT: The parties acknowledge and agree that this Agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 6 14. AGREEMENT BINDING ON HEIRS: This Agreement constitutes the final agreement of the parties and is binding upon their heirs, assigns and successors in interest. 15. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 16. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 17. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 18. BREACH OF AGREEMENT: In the event that either party breaches any provision of this Agreement or fails to timely perform his or her obligation under this Agreement, she or he shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court costs and counsel fees of the other party. In the event of breach, the other party shall have the right, at her or his election, to sue for damages for such breach or to seek such other and additional remedies as may be available to her or him. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of da and year first above written. L41 ? -D BORAH C. RYE ON WILLIAM C. RYERSON 7