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HomeMy WebLinkAbout02-5311JOHN RYAN, Plaintiff Vo ANITA RYAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE _NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNT BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 NO~C~ Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNT BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIEE ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of ~990. For information about assessable facilities and reasonable accommodations available to disable individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. CUMBERLAND COUNT BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 JOHN RYAN, Plaintiff V. ANITA RYAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. ~:~c~ -- ,3'.~// : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER _SECTION 3301 (c) OR SECTION 3301(d~ OF THE DIVORCE CODE AND NOW comes the above Plaintiff, John Ryan, by and through his attorney, Marianne E. Rudebusch, Esquire, and seeks to obtain a decree in divorce from the above- named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, John Ryan, is an adult individual who resides at 6 Oak Drive, Newville, Cumberland County, Pennsylvania, 17241. 2. The Defendant, Anita Ryan, is an adult individual who resides at 6 Oak Drive, Newville, Cumberland County, Pennsylvania, 17241. 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 4/30/94. 5. Plaintiff avers that there are two children to the parties. 6. The Plaintiff and Defendant are both citizens of the United States of America. 7. There have been no prior actions in divorce between the parties. 8. The Plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies. 9. Plaintiff has been advised of the availability of counseling and that he may have the right to request that the Court require the parties to participate in counseling. 10. The causes of action and sections of Divorce Code under which Plaintiff is proceeding are: Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the service of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on or about 10/31/02. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. Dated: .ff_~l_ O~.~ Respectfully Submitted, Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 JOHN RYAN, Plaintiff V. ANITA RYAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA _. : NO. : : CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I 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.A. Section 4904 relating to unsworn falsification to authorities. ,~n Ryan MARRIAGE SETYLEMENT AGREEMENT THIS AGREEMENT is made and entered into between JOHN RYAN and ANITA RYAN, hereinafter referred to as Husband and Wife. The parties were married on 4/30/94 and there are two children born of their marriage, to wit, Jaren Ryan, born 8/27/97 and Elijah Ryan, born 12/23/99. As a consequence of disputes and unhappy differences, the parties have separated. The parties desire to confirm their separation and make arrangements in connection therewith, including the settlement of their property rights, custody, support, and all other rights and obligations arising out of the marriage relationship. It is therefore agreed: 1. CONSIDERATION The consideration for this Agreement is the mutual promises and agreement herein contained. 2. SEPARATION AND NONINTERFERENCE A. It will 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. B. 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. Neither shall bother the other or compel or endeavor to compel the other to cohabit or dwell with him or her. 3. MUTUAL RELEASE 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 and discharge the other of and from all causes of action, claims, rights, or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce. 4. FULL DISCLOSURE The provisions of this Agreement and their legal effect are fully understood by each party to this Agreement, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, of the sources and amount of the income of such party of every type whatsoever, and of all other facts relating to the subject matter of this agreement. Husband represents that he was represented by Marianne E. Rudebusch, Esquire in reaching this Agreement, and Wife represents that she was not represented by an attorney, even though she was advised to do so, in reaching this Agreement. Husband represents that the terms of this Agreement have been fully explained to him by his counsel. 5. EOUITABLE DIVISION By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 6. SUBSEOUENT DIVORCE A. AGREEMENT NOT PREDICATED ON DIVORCE - It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. B. ENTRY AS PART OF DECREE - It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. C. MUTUAL CONSENT DIVORCE - The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301(c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 7. DIVISION OF PERSONAI, PROPERTY Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. Husband shall pay to Wife $20,000.00 within Sixty (60) days of the finalization of the divorce. 8. DIVISION OF MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: Husband: Wife: No vehicle(s) in his possession Nissan X-Terra The titles to the said motor vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided, on the date of execution of this Agreement or at any time thereafter at the request of either party. Any loans or encumbrances on Wife's vehicle shall be her responsibility and she shall indemnify and hold harmless Husband for this debt. Wife shall remove Husband's name from the join car loan within Sixty (60) days of the execution of this Agreement. In the event that Wife is unable to remove Husband's name from this loan, he shall, at his option, pay off the loan and deduct the amount from the $20,000.00 Wife is to receive from Husband under the terms of paragraph 7. Division of Personal Property of this Agreement. 9. DISPOSITION OF PROPERTY From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 10. DIVISION OF REAL PROPERTY Husband and Wife hereby agree and acknowledge that they own certain real property located at 6 Oak Drive, Newville, Cumberland County, Pennsylvania, as tenants by the entireties. Wife hereby agrees to convey all her right, title and interest in said property to Husband. Wife agrees to execute a deed or other instrument of conveyancing necessary to effectuate this transfer at the time of the execution of this document. The parties acknowledge that there is an existing mortgage against this property held by Suntrust in the amount of approximately $96,000.00 and a Home Equity Loan with member's First and the amount of approximately $21,000.00. Husband agrees to obtain financing such that he shall either satisfy said mortgages in total or shall assume total liability for the mortgages. Husband shall hold Wife harmless and indemnify her from liability for this obligation and other obligations arising from this property. It is agreed between the parties that Wife shall move from the marital residence within four (4) weeks after Jaren completes school in the summer of 2003. 11. PAYMENT OF SPECIFIED OBLIGATIONS The parties agree that the following constitute joint marital obligations which shall be paid by the following person: A. WIFE - All debts in her name alone B. HUSBAND - All debts in his name alone 12. LEGAL FEES Each party shall pay his or her own attorneys fees. 13. ALIMONY Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support, maintenance, alimony pendente lite or alimony. 14. PENSION PROGRAM Each party hereto shall maintain sole ownership over his or her individual pension plan, profit sharing or similar retirement plan acquired individually or as the result of contributions by his or her employer. Wife hereby releases any interest that she has in the retirement benefits of Husband accumulated as the result of his employment by A- 1 Concrete Leveling and any other additional benefits he may have accrued. Husband hereby releases any interest that he has in the retirement benefits of Wife accumulated as the result of her employment by Cumberland County Nursing Home and any other additional benefits she may have accrued. This waiver is a full and complete discharge of each parties' marital claim. 15. MISCELLANEOUS All assets including, but not limited to, savings accounts, checking accounts, certificates of deposit and life insurance policies shall be the sole and separate property of the title holder of said asset. The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 16. CHILDREN A. CUSTODY AND VISITATION - The parties shall share legal and physical custody of the children born of this marriage. The children shall reside with their Mother. Mother shall provide Father with information concerning their health, education and welfare on a regular basis and shall encourage Father to join in the decision making process as to the children's schooling, medical care and other important issues associated with their lives. Father shall be afforded liberal partial custody. B. RELOCATION - Neither party shall relocate with the children for more then 50 miles from their current residence without giving the other party sixty (60) days notice of their intent to move. 17. CHILD SUPPORT Child support shall be paid by Husband to Wife at the rate of $100.00 per week. Husband shall be entitled to claim Jaren on his tax returns for 2003 and for all future years. Wife shall be entitled to claim Elijah on her tax returns for 2003 and all future years. Husband and Wife agree to execute any and all documents necessary for these dependency deductions. The parties shall file joint returns for 2002 and divide all refunds equally between each other. Extraordinary Medical Expenses - All extraordinary medical expenses (those not covered by insurance) shall be split equally by Husband and Wife. Husband agrees to l0 reimburse these expenses to Wife on a quarterly basis upon Wife supplying to Husband proof of said expenses. 18. HEALTH INSURANCE - CI-III,DREN Husband agrees to provide health insurance for the children for so long as it is available to him at a reasonable cost by his employer. If said insurance becomes unavailable to Husband and Wife has entitlement to insurance which can be provided to her at a reasonable cost, said insurance will be furnished by Wife. In the event that neither Husband nor Wife have insurance furnished to them by their employer, at no or minimal cost, then the cost of insurance shall be borne such that fifty percent (50%) shall be allocated to Husband and fifty percent (50%) shall be allocated to Wife. 19. GENERAL PROVISIONS A. WARRANTY AS TO EXISTING OBLIGATIONS - Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities, or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. B. WARRANTY AS TO FUTURE OBLIGATIONS - Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. C. SEVERABILITY - If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. D. OTHER DOCUMENTATION - Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 12 E. 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. F. WAIVER OR MODIFICATION TO BE IN WRITING - No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. G. MUTUAL COOPERATION - Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. H. LAW GOVERNING - This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. I. BINDING EFFECT - Except as otherwise stated herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. J. NO WAIVER OF DEFAULT - This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor 13 shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. K. HEADINGS NOT PART O1~ AGREEMENT - Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience or reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction, or effect. L. ADDRESS OF PARTIES - Each party shall at all times keep the othe~ informed of his or her place of residence, and shall promptly notify the other of any change, giving the address of the new place of residence. M. WAIVER OF CLAIMS 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 Pennsylvania or another jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, their statutory equivalents, widow's allowance, homestead rights, right to take in intestacy, right to take against the will of other, and right to act as administrator or executor of the other's estate, and each party 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. 14 N. ATTORNEY'S FEES FOR ENFORCEMENT - In the event that either party breaches any provision of this Agreement, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all reasonable attorneys' fees, court costs, and expenses incurred by the other party in enforcing the Agreement. IN WITNESS WHEREOF, and intending to be bound hereby, the parties have signed and sealed this Agreement on the [~ day of/Q~~)g2U, 2002, at Harrisburg, Pennsylvania. In the presence of: WITNESS WITNESS Jo~n Ryan / (SEAL) Anita Ryan (SEAL) 15 JOHN RYAN, Plaintiff ANITA RYAN, Defendant : IN THE cOURT OF coMMON pLEAS : CUMBERLAND couNTY, PENNSYLVANIA : NO. 02-5311 :CIVIL ACTION - LAW : 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 divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: _November 7~ 2002; Certified~ R~estricted Delivery. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff, 4 22__.~; by Defendant, _ 4/22/03 -- (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N_J__~. (2) Date of filing and service of the affidavit upon the respondent: N__J._~. IN THE COURT Of COMMON PLEAS JOHN RYAN, Plaintiff VERSUS ANITA RYAN, Defendant OF CUMBERLAND COUNTY STATE Of ~.~. PENNA. N O. 02-5311 DECREE iN DIVORCE AND NOW,__ DECREED THAT AND John Ryan Anita Ryan , 2003 , it IS orderED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECO~ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The attached Marriage Settlement Agreement dated 11/'1/02 is hereby incorporated, but not merged with thi. s~D~vorce Decree. BY TH · ATTEST: ~ j. rY