HomeMy WebLinkAbout04-0838
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ELIZABETH SUE ROSS, ) NO. (")j,J - P:3 J> Qic>L '-r~
Plaintiff )
)
v. )
)
BYRON E. ROSS, ) CIVIL ACTION - LAW
Defendant ) 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 divorce is indignities or irretrievable breakdown ofthe marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-
3387.
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 TELEPHONEcTHR'~
,., ~...,'
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. x~
.... -r,
b~;
Cumberland County Lawyer Referral Service
32 South Bedford Street
Carlisle, P A 17013
Telephone: (717) 249-3166
r.)
c'.
()
-n
~----i
--c-
0......,.,
r: ": f''':''~
-n',:l,~
:'.) "i)
( f_'-
-~., \,-)
~,I-~~
(11
r-,)
-~~
r:-'l
\.D
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled 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.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
ELIZABETH SUE ROSS,
Plaintiff
v.
)
)
)
)
)
)
)
NO. 64,I'Jrf G'ud..'-r~
Defendant
CIVIL ACTION - LAW
IN DIVORCE
BYRON E. ROSS,
COMPLAINT IN DIVORCE
AND NOW, comes Plaintiff, Elizabeth Sue Ross, by and through her counsel, Howett,
Kissinger & Conley, P.C., who hereby files the instant Complaint in Divorce and in support
thereof avers as follows:
I. Plaintiff is Elizabeth Sue Ross, an adult individual currently residing at
4000 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011.
2. Defendant is Byron E. Ross, an adult individual currently residing 2150
Sir Lancelot Drive, Harrisburg, Dauphin County, Pennsylvania 17110.
3. Both Plaintiff and Defendant have been bona fide residents of the
Commonwealth of Pennsylvania for at least six (6) months immediately preceding the filing of
this Complaint.
4. Plaintiff and Defendant were married on September 4, 1963 in Alger,
Ohio.
5. Neither Plaintiff nor Defendant is in the military or naval service of the
United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of
the Congress of 1940 and its amendments.
6. Defendant has filed an action for divorce with the Court of Common Pleas
of Dauphin County, Pennsylvania, at action number 2004-CV-0382-DV, which Complaint was
filed January 28,2004 by Defendant's attorney, Debra Denison Cantor, Esquire.
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.
COUNT I - DIVORCE PURSUANT TO ~3301(c) OR (d) OF THE DIVORCE CODE
8. The prior paragraphs ofthis Complaint are incorporated herein by
reference thereto.
9. The marriage of the parties is irretrievably broken.
10. Plaintiff and Defendant separated on September 26, 2003.
WHEREFORE, Plaintiff respectfully requests the Court enter a Decree of Divorce
pursuant to 93301 of the Divorce Code.
COUNT II - EQUITABLE DISTRIBUTION
II. The prior paragraphs of this Complaint are incorporated herein by
reference thereto.
12. Plaintiff and Defendant have legally and beneficially acquired property,
both real and personal, during their marriage, which property constitutes "marital property" as
defined by the Divorce Code.
WHEREFORE, Plaintiff respectfully requests the Court equitably divide all marital
property.
COUNT III - ALIMONY AND ALIMONY PENDENTE LITE
13. The prior paragraphs of this Complaint are incorporated herein by
reference thereto.
14. Plaintifflacks sufficient property to provide for her reasonable means and
is unable to support herselfthrough appropriate employment and, thus, requires reasonable
support to adequately maintain herself in accordance with the standard of living established
during the marriage.
15. Plaintiff is unable to sustain herself during the course of this litigation.
WHEREFORE, Plaintiff respectfully requests the Court enter an award of reasonable
temporary alimony until final hearing and permanently thereafter.
COUNT IV - COUNSEL FEES. EXPENSES AND COSTS OF SUIT
16. The prior paragraphs of this Complaint are incorporated herein by
reference thereto.
17. Plaintiff has retained an attorney to bring this action and has agreed to pay
him a reasonable fee.
18. Plaintiff has incurred and will incur costs and expenses in prosecuting this
action.
19. Plaintiff is not financially able to meet with either of the expenses and
costs of prosecuting this action or the fees to which her attorney will be entitled in this case.
WHEREFORE, Plaintiff respectfully requests the Court enter an award of interim
counsel fees, costs and expenses until final hearing and thereupon award such additional counsel
fees, cost and expenses as deemed appropriate.
COUNT V- CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF
EXISTING POLICIES INSURING LIFE AND HEALTH OF DEFENDANT AND OF
RETIREMENT FUNDS.
20. The prior paragraphs of this Complaint are incorporated herein by
reference thereto.
21. During the course of the marriage, Defendant has maintained certain life
and health insurance policies and retirement funds for the benefit of Plaintiff.
WHEREFORE, Plaintiff respectfully requests the Court enter an order directing
Defendant to continue to maintain policies of life and health insurance and retirement funds for
the benefit of Plaintiff.
Respectfully submitted,
Date: ;1/~~,/
~~~. ~
~~.
Donald T. Kissinger, Esquire
HOWETT, KISSINGER & CONLEY, P.e.
130 Walnut Street
P.O. Box 810
Harrisburg, P A 17108
Telephone: (717) 234-2616
Counsel for Plaintiff, Elizabeth Sue Ross
VERIFICATION
I, Elizabeth S. Ross, hereby swear and affirm that the facts contained in the foregoing
Complaint in Divorce
are true and
correct to the best of my knowledge, information and belief and are made subject to the penalties
of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities.
Date: 2/25/04
FP--7OA1ed ~< ~
Elizabet~. Ross
(J ~
1 '!l ~
'- ~ ~
~ ~ 1
~ - ~
j ~
( ~, :; ,1
., ""8
'.. "
" . .......'.'. ""D
t, ._'.
--, I
r-.:"
..
-'
r :.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ELIZABETH SUE ROSS,
Plaintiff
v.
)
)
)
)
)
)
)
NO.04-838-CV-2004-DV
BYRON E. ROSS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ACCEPTANCE OF SERVICE
I, Debra Denison Cantor, Esquire, accept service of the Complaint in Divorce on behalf
of Byron E. Ross, Defendant in the above-captioned action, and certify that I am authorized to do
so.
Date:~
.....,
C:::J
C:;;;:l
.r:-
::r.:
.-.",
:.:0
o
-1'1
--,
~~@
06
'~-T~
5Z:5
<~ ;T1
" )
~"::l
::.~~
..'....
C">
.)
r:?
OJ
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ELIZABETH SUE ROSS,
Plaintiff
v.
)
)
)
)
)
)
)
NO. 04-838-CV-2004-DV
BYRON E. ROSS,
Defendant
CNIL ACTION - LAW
IN DNORCE
PRAECIPE WITHDRAWING ATTORNEY'S APPEARANCE
AND ENTERING PLAINTIFF'S APPEARANCE PRO SE
TO THE PROTHONOTARY:
Please withdraw the appearance ofthe undersigned on behalf of Elizabeth S. Ross, and
enter Elizabeth S. Ross's appearance pro se.
/ .
Date: /2/ 10 Cf
i
~
. -- ~'
.. ...... "
- ~~ /' ~
Donald T. Kissinger, ~
HOWETT, KISSINGER & e0NLEY, P.c.
130 Walnut Street
P. O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234.2616
Counsel for Plaintiff, E1izaheth S. Ross
Date: l~ '-/.A~-OY:
/)
~ ;j;:/
'. <..
.:> ~
Elizab S. Ross, Plaintiff, Pro se
4000 Market Street
Camp Hill, PA 17011
-,',
(.':;
pc":
(,n
M:\Client Dircctory\Ross, B)'Ton\MSA #l.doc
3/3/05
MARITAL SETTLEMENT AGREEMENT
,Hh '---11{. { l
THIS AGREEMENT, made this ~ day of # t JIll. {,.'-;-1005, by and
between Elizabeth S. Ross (hereinafter "WIFE") and Byron E. Ross, (hereinafter
"HUSBAND");
WIT N E SSE T H:
WHEREAS, the parties hereto were married on September 4, 1965, in Alger,
Ohio; and separated on December 31, 2003; and
WHEREAS, the parties have no minor children of this marriage; and
WHEREAS, difficulties have arisen between the parties and it is therefore
their intention to live separate and apart for the rest of their lives and the parties are
desirous of settling completely the economic and other rights and obligations
betwf'en each other, including, but not limited to: the equitable distribution of the
marital property; past, present and future support; alimony, alimony pendente lite;
and, in general, any and all other claims and possible claims by one against the other
or against their respective estates; and
NOW THEREFORE, in consideration of the covenants and promises
hereinafter to be kept and performed by each party and intending to be legally
bound hereby, the parties do hereby agree as follows:
1. ADVICE OF COUNSEL.
The provisions of this Agreement and their legal effect have been fully
explained to the parties by their respective counsel. WIFE was previously
represented by Donald T. Kissinger, Esquire of HOWETT, KISSINGER & CONLEY,
PC but has now elected to represent herself. HUSBAND is represented by Debra
Denison Cantor, Esquire of REi\GER & ADLER, Pc.
The parties further declare that each is executing the Agreement freely and
voluntarily having either obtained sufficient knowledge and disclosure of their
respective legal rights and obligations, or if counsel has not been consulted,
expressly waiving the right to obtain such knowledge. The parties each
M:\Client Dircctory\Ross, Byron\MSA #l.doc
3/3/05
acknowledge that this Agreement is fair and equitable and is not the result of any
fraud, coercion, duress, undue influence or collusion.
2. DIVORCE ACTION.
The parties acknowledge that their marriage is irretrievably broken and that
they shall secure a mutual consent no fault divorce pursuant to S 3301(c) of the
Divorce Code. A divorce action was filed by WIFE with the Court of Common
Pleas of Cumberland County, Pennsylvania at Civil Action No. 04-838 on February
26,2004. The parties agree to execute Affidavits of Consent for divorce and Waivers
of Notice of Intention to Request Entry of a Divorce Decree concurrently with the
execution of this Agreement or upon expiration of ninety (90) days after the service
of said complaint on Husband.
This Agreement shall remain in full force and effect after such time as a final
decree in divorce may be entered with respect to the parties. The parties agree that
the terms of this Agreement shall be incorporated into any Divorce Decree which
may be entered with respect to them and specifically referenced in the Divorce
Decree. This Agreement shall not merge with the divorce decree, but shall continue
to have independent contractual significance.
3. DATE OF EXECUTION.
The "date of execution" and "execution date" of this Agreement shall be
defined as the date upon which it is executed by the parties if they have each
executed the Agreement on the same date. Otherwise, the "date of execution" or
"execution date" of this Agreement shall be defined as the date of execution by the
party last executing this Agreement.
4. MUTUAL RELEASES.
Each party absolutely and unconditionally release the other and the estate of
the other from any and all rights and obligations which either may have for past,
present, or future obligations, arising out of the marital relationship or otherwise,
including all rights and benefits under the Pennsylvania Divorce Code of 1980, and
amendments except as described herein.
Each party absolutely and unconditionally releases the other and his or her
heirs, executors, and estate from any claims arising by virtue of the marital
2
M:\Client Directory\Ross, Byron\MSA #l.doc
3/3/05
relationship of the parties. The above release shall be effective whether such claims
arise by way of widow's or widower's rights, family exemption, or under the
intestate laws, or the right to take against the spouse's will, or the right to treat a
lifetime conveyance by the other as testamentary or all other rights of a surviving
spouse to participate in a deceased spouse's estate, whether arising under the laws
of Pelillsylvania, any state, Commonwealth, or territory of the United States, or any
other country.
Except for any cause of action for divorce which either party may have or
claim to have, each party gives to the other by the execution of this Agreement an
absolute and unconditional release from all claims whatsoever, in law or in equity
which either party now has against the other.
5. FINANCIAL AND PROCEDURAL DISCLOSURE.
The parties confirm that each has relied on the accuracy of the financial
disclosure of the other as an inducement to the execution of this Agreement. Each
party understands that he/she had the right to obtain from the other party a
complete inventory or list of all property that either or both parties owned at the
time of separation or currently and that each party had the right to have all such
property valued by means of appraisals or otherwise. Both parties understand that
they have right to have a court hold hearings and make decisions on the matters
covered by this Agreement. Both parties hereby acknowledge that this Agreement is
fair and equitable, and that the terms adequately provide for his or her interests, and
that this Agreement is not a result of fraud, duress or undue influence exercised by
either party upon the other or by any person or persons upon either party.
6. SEPARATIONjNON-INTERFERENCE.
WIFE and HUSBAND may and shall, at all times hereafter, live separate and
apart. They shall be free from any interference, direct or indirect, by the other in all
respects as fully as if they were unmarried. Each may, for his or her separate use or
benefit, conduct, carryon and engage in any business, occupation, profession or
employment which to him or her may seem advisable. WIFE and HUSBAND shall
not harass, disturb, or malign each other or the respective families of each other.
3
M:\Client Directory\Ross, Byron\MSA #l.doc
3/3/05
7. REAL PROPERTYjBUSINESS INTEREST.
The parties are the owners of real property located at 4000 Market Street,
Camp Hill, Pennsylvania 17011. This real property houses the parties' marital
residence as well as WIFE's business known as "Impressions by Elizabeth",(a sole
proprietorship).
The parties have entered into a sales agreement with their son Mark Ross for
the sale of the property and business interests for a total of $660,000. However, the
parties have gifted $40,000 to their son and daughter in law with a net owing of
$620,000.
This property is encumbered by two mortgages with Citizens National Bank
with an approximate overall balance of $200,000. In addition, the parties have an
outstanding indebtedness to HUSBAND'S mother in the amount of $110,000 after
consideration of capital gains, estimated business expenses and outstanding
mortgage consequences. The net value of this property is approximately $302,000.
Closing on the sale of this property shall be completed within ninety (90)
days of this Agreement. The closing will pay in full both obligations of Citizens
National Bank and the $110,000 family obligation. The balance owed will be made
payable by a note to WIFE alone. Pending the sale, WIFE shall be solely responsible
for all costs and expenses associated with the building and its assets. WIFE shall
indemnify and hold HUSBAND harmless from said obligations. WIFE is also
entitled to receive any and all income derived from the rental of this property to the
purchaser. HUSBAND hereby waives any right, title and interest he may have to
said income and shall execute all documents necessary to effectuate his transfer of
the building and its interests to WIFE upon the refinance or payment in full of the
outstanding indebtedness associated with the property, including the $110,000.00
loan. If this property has not been sold or refinanced within ninety (90) days of this
Agreement, the property shall be immediately listed for sale and WIFE shall be
entitled to all proceeds from the sale.
WIFE shall be responsible for all tax ramifications of this sale and agrees to
indemnify and hold HUSBAND harmless from said tax consequences.
8. RETIREMENT.
HUSBAND is an owner of a Thrift Savings Plan through his employment.
This plan has been valued at $64,000.00. Within forty-five (45) days of the execution
of this Agreement, WIFE shall elect whether to receive $30,000.00 as a rollover from
4
M:\Cliem Directory\Ross, Byron\MSA #l.doc
3/3/05
the TSP or in lieu of said rollover, receive $30,000.00 in cash from HUSBAND.
Should WIFE elect to take the TSP rollover, HUSBAND agrees to be responsible for
the drafting of all documentation necessary to effectuate this transfer.
WIFE is the owner of an IRA Account No. 875-5779903. This IRA has a value
of approximately $4,000.00. HUSBAND hereby waives any right, title and interest
he may have to said IRA.
HUSBAND is the owner of an IRA. Account No. 875-5779993. This IRA has
an approximate value of $8,000.00. WIFE hereby waives any right, title and interest
she may have to said IRA.
HUSBAND is the owner of a CSRS Pension. It is agreed that WIFE shall be
entitled to receive $67,986.38 of the pension which equates to $756 per month upon
Husband's retirement. WIFE elects to take the survivor benefit. However, the cost
of said benefit shall be paid from her share of the pension. HUSBAND shall be
responsible for the cost of the preparation of the Qualified Domestic Relations
Order. The proposed QDRO is attached hereto as Exhibit" An.
9. BANK ACCOUNTS.
WIFE has a business checking account with an estimated balance of
$10,000.00. HUSBAND hereby waives any right, title and interest that he may have
in said account. The parties are the owners of a joint account which is comprised of
tax refund checks with a balance of approximately $29,000.00. HUSBAND hereby
waives any right, title and interest that he may have to said cash.
10. PERSONAL PROPERTY.
Except as set forth here below, the parties hereto mutually agree that they
have divided all furniture, household furnishings and personal property between
them in a manner agreeable to both parties. The parties mutually agree that each
party shall from and after the date of this Agreement be the sole and separate owner
of all tangible personal property in his or her possession.
WIFE is the owner of a Microderm machine with a value of $5,000.00. This
asset is subject to a HHD loan in the amount of $5,000.00. WIFE shall retain both the
5
M:\Client Directory\Ross, Byron\MSA #l.doc
3/3/05
Microderm machine and the associated debt and agrees to indemnify and hold
HUSBAND harmless from such.
HUSBAND is the owner of Dynegy stock with an approximate value of
$3,000.00. Within forty-five (45) days of the execution of this Agreement,
HUSBAND shall execute all documents necessary to transfer this stock to WIFE.
WIFE is the owner of a Nationwide Insurance Policy on Husband's life with a
cash value of $178.00. WIFE shall retain said policy and HUSBAND hereby waives
any right, title and interest that he may have to said policy. WIFE has the right to
maintain this policy on HUSBAND'S life at her cost and to collect the proceeds upon
HUSBAND'S death.
As long as HUSBAND is provided basic term life insurance through his
employer ( which is currently valued at 1 times his salary plus $2,000), through his
employer, WIFE shall be designated an irrevocable ten (10) percent beneficiary on
such policy. HUSBAND shall be free to designate beneficiaries for the balance of the
policy and any other policies held by him and WIFE hereby waives any right to
future designations.
11. VEHICLES.
WIFE is the owner of a 2001 Nissan Maxima. WIFE shall retain said vehicle,
HUSBAND hereby waives any right, title and interest that he may have in said
vehicle. The parties also have 2003 Pontiac Grand Prix. HUSBAND shall bear sole
responsibility for the payment of the lease and any costs associated with the
expiration or termination of the lease.
12. HEALTH INSURANCE.
HUSBAND agrees that he shall be responsible for the payment of all
premiums associated with the maintenance of WIFE's health insurance premiums
until such time as he retires from federal employment. HUSBAND shall be
financially responsible for the payment of a premium to provide WIFE like
insurance to his own. Should WIFE elect to maintain insurance that provides a
greater and/or different benefit than HUSBAND's premium, she shall be
responsible for the cost of the premium which is attributable to the additional
coverage.
6
M :\Client Directory\Ross, Byron\MSA #l.doc
3/3/05
13. TAX FILING.
The parties agree to file jointly for 2004. The parties shall share equal
cost of the preparation of the tax return. In the event the parties are entitled to any
proceeds or liability, said proceeds or liability shall be divided proportionally to the
parties' income. For this provision alone, HUSBAND's income is defined as wages
through his federal employment. WIFE's income is defined as her wages, and all
rent and income derived from the business and real property.
14. DEBTS.
If a party has acquired debt, the parties agree that each shall assume full and
complete responsibility for his or her own debts.
HUSBAND represents and warrants to WIFE that since the separation he has
not, and in the future he will not, contract or incur any debt or liability for which
WIFE or her estate might be responsible, and he shall indemnify and save WIFE
harmless from any and all claims or demands made against her by reason of such
debts or obligations incurred by him since the date of said separation, except as
otherwise set forth herein.
WIFE represents and warrants to HUSBAND that since the separation she
has not, and in the future she will not, contract or incur any debt or liability for
which HUSBAND or his estate might be responsible, and he shall indemnify and
save HUSBAND harmless from any and all claims or demands made against him by
reason of such debts or obligations incurred by her since the date of said separation,
except as otherwise set forth herein.
15. BANKRUPTCY OR REORGANIZATION PROCEEDINGS.
In the event that either party becomes a debtor in any bankruptcy or financial
reorganization proceedings of any kind while any obligations remain to be
performed by that party for the benefit of the other party pursuant to the provisions
of this Agreement, the debtor spouse hereby waives, releases and relinquishes any
right to claim any exemption (whether granted under State or Federal law) to any
property remaining in the debtor as a defense to any claim made pursuant hereto by
the creditor-spouse as set forth herein, including all attorney fees and costs incurred
in the enforcement of this paragraph or any other provision of this Agreement. No
obligation created by this Agreement shall be discharged or dischargeable,
7
M:\Client Directory\Ross, Byron\MSA #Ldoc
3/3/05
regardless of Federal or State law to the contrary, and each party waives any and all
right to assert that obligation hereunder is discharged or dischargeable.
The parties mutually agree that in the event of bankruptcy or financial
reorganization proceedings by either party in the future, any monies to be paid to
the other party, or to a third party, pursuant to the terms of this Agreement shall
constitute support and maintenance and shall not be discharged in bankruptcy.
16. ALIMONY, SPOUSAL SUPPORT, AND ALIMONY PENDENTE
LITE.
The parties hereby expressly waive, release, discharge and give up any and
all rights or claims which either may now or hereafter have for spousal support,
alimony pendente lite, alimony, or maintenance. The parties further release any
rights that they may have to seek modification of the terms of this Agreement in a
court of law or equity, with the understanding that this Agreement constitutes a
final determination for all time of either party's obligations to contribute to the
support or maintenance of the other.
17. ATTORNEY FEES, COURT COSTS.
Each party hereby agrees to be solely responsible for his or her own counsel
fees, costs and expenses. Neither shall seek any contribution thereto from the other
except as otherwise expressly provided herein.
18. ATTORNEYS' 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 breaching
party will pay all reasonable attorneys' fees, court costs and expenses (including
interest and travel costs, if applicable) which are incurred by the other party in
enforcing the Agreement, whether enforcement is ultimately achieved by litigation
or by amicable resolution. It is the specific Agreement and intent of the parties that a
breaching or wrongdoing party shall bear the obligation of any and all costs,
expenses and reasonable counsel fees incurred by the nonbreaching party in
protecting and enforcing his or her rights under this Agreement.
19. WAIVER OF RIGHTS.
Both parties hereby waive the following procedural rights:
8
.'
M:\Client Directory\Ross, B)'Ton\MSA #l.doc
3/3/05
(a.) The right to obtain an inventory and the appraisement of all
marital and non-marital property;
(b.) The right to obtain an income and expense statement of either
party;
(c.) The right to have all property identified and appraised;
(d.) The right to discovery as provided by the Pennsylvania Rules
of Civil Procedure; and
(e.) The right to have the court make all determinations regarding
marital and non-marital property, equitable distribution,
spousal support, alimony pendente lite, alimony, counsel fees
and costs and expenses.
20. MUTUAL COOPERATION.
WIFE and HUSBAND shall mutually cooperate with each other in order to
carry through the terms of this Agreement, including but not limited to, the signing
of documents.
21. 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
opera tion.
22. APPLICABLE LAW.
This Agreement shall be construed under the laws of the Commonwealth of
Pennsylvania.
23. 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.
24. CONTRACT INTERPRETATION.
9
M:\C1ienl: Dircctory\Ross, Byron\MSA #l.doc
3/3/05
For purposes of contract interpretation and for the purpose in resolving any
ambiguity herein, the parties agree that this Agreement was prepared jointly by the
parties.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals of
the day first above written.
This Agreement is executed in duplicate, and in counterparts. WIFE and
HUSBAND acknowledge the receipt of a duly executed copy hereof.
. ll~_~ ~
~~Ss
€~-d ~,(j?1Lld-
Elizabe S. Ross
/1
U!ii~~ t ~U~~-
0itness
{;?~>-7 ~~
Byron E. Ross
10
" .
M:\Cliem Directory\Ross, Byron\MSA #l.doc
3/3/05
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CU.1tJQ.e'rLA-"V"ct
,I+i- '--1/1
On the '-t - day of r IZIL{ t 1. ,/ , 2005, before me, a
Notary Public in and for the Commonwealth of Pennsylvania, the undersigned
officer, personally appeared Elizabeth S. Ross, known to me (or satisfactory proven)
to be one of the parties executing the foregoing instrument, and she acknowledges
the foregoing instrument to be her free act and deed.
: SS.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the
day and year first above written.
COMMONWEALTH OF PENNSYLVANIA
, NoIarlal Seal
c;assandra T. RoSOObalIII, NotaIY pldo
CamP Hill Boro, ClI1lbel\al1d CountY
My()QPllllii8lClO ElcpIres DeC. 4. 200ll
M8mbef. Plnnsylvania .i~O{llIil~l@n Of Netan..
Ii ~-- /J J
lAAA~.iLd{c I .1-J..~ILtLt'~<--1-/~
Notary Public
My Commission Expires: ;'d'! '-1/D"6
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF 04.A'1",-/l.~_A.l-i./J(d
On the 0/1- day of nCtvLc,l'------" , 2005, before me, a
Notary Public in and for the Commonwealth of Pennsylvania, the undersigned
officer, personally appeared Byron E. Ross, known to me (or satisfactory proven) to
be on of the parties executing the foregoing instrument, and he acknowledges the
foregoing instrument to be his free act and deed.
: SS.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the
day and year first above written.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Cassandra T. Rosenball1l, Notary PIIJIIc
Camp HiD BolO, Cumberland Cotrty
My CoPlmi'lskln ExpIres Dec. 4, 2008
Member, Pennsylvania Ai$elOII:U10" Of Notarl..
/I ...---- ,'/)
( _' /A4LfiI.d{~ Ij.,l-J.U L hc{.c h ~
Notary Public ( /
My Commission Expires: I ~/ "-I D <(;
11
ORIGINAL
ELIZABETH SUE ROSS
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND, PENNSYLVANIA
v.
NO. 2004-CV-838-DV
BYRON E. ROSS
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in divorce under section 3301( c) ofthe Divorce Code was filed on February 26,
2004.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to request
entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to
authorities.
Dated: 3 - 10 - 0.:)
~~~uEfo~ Cf?~-
ORIGINAL
ELIZABETH SUE ROSS
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND, PENNSYLVANIA
v.
NO. 2004-CV-838-DV
BYRON E. ROSS
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER
!l3301(c) OF THE DIVORCE CODE
I. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, 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. S 4904 relating to unsworn falsification
to authorities.
DATE: '3 -IO-OS-
&1~06~> J, <<~
ELIZ ETH SUE ROSS
ORIGINAL
ELIZABETH SUE ROSS
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND, PENNSYLVANIA
v.
NO. 2004-CV-838-DV
BYRON E. ROSS
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in divorce under section 3301(c) ofthe Divorce Code was filed on February 26,
2004.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to request
entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to
authorities.
Dated: 3/ q/m---~
~~Y7c;i;2-
BY N E. ROSS
ORIGINAL
ELIZABETH SUE ROSS
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND, PENNSYL VANIA
v.
NO. 2004-CV-838-DV
BYRON E. ROSS
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF N.OTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER
!l3301(c) OF THE DIVORCE CODE
I. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, 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 tbe 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. S 4904 relating to unsworn falsification
to authorities.
DATE: 5/YDj-
~0'f ~.
BY ON E. ROSS
. --..
ELIZABETH SUE ROSS
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND, PENNSYLVANIA
v.
NO. 2004-CV-838-DV
BYRON E. ROSS
Defendant
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 S 3301(c) of the Divorce
Code.
2. Date and marrner of service of the Complaint: Service was accepted by the
Defendant's attorney on March 1, 2004 by signing an Acceptance of Service. Acceptance of
Service was filed with the court on March 16, 2004.
3. Date of execution of the Affidavit of Consent required by S 3301(c) of the
Divorce Code: by Elizabeth Sue Ross, Plaintiff, on March 10,2005; by Byron E. Ross,
Defendant, on March 9,2005.
4. Related claims pending: Settled by Marital Settlement Agreement dated March 4,
2005.
. .
5. Date Plaintiff's Waiver of Notice in S 3301(c) Divorce was filed with the
Prothonotary: March 16, 2005
Date Defendant's Waiver of Notice in S 3301(c) Divorce was filed with the
Prothonotary:
March 16, 2005
Respectfully submitted,
REAGER & ADLER, PC
/1 ~
DATED: ~ 11'-> D'J
1
D
LD. No. 66378
2331 Market Street
Camp Hill, PA 17011
(717) 763-1383
Attorneys for Defendant
;t,if.:f.:f.i+.:f.;+:;+::f.;+;:+;;':
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
:':'f.:+:;+;if.
.
..
:f.";;+;;+'
;+;;+;;+,:+:;+;:f. if. ;t;;+;;+:;+;;+;;+,;+;;+;;+;;+; ;ti;+;;+,;+;;+;;+::f.i+.i+.;+;;+:;+; ;+;;+;;+:;+;i+.;+;f.;t;;+;;+,;+;:f.;+:i+.~
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
ELIZABETH SUE ROSS
No.
2004-CV-838-DV
VERSUS
BYRON E. ROSS
DECREE IN
DIVORCE
AND NOW,
V1A D L-~
2i
2- ~ c,~ IT IS ORDERED AND
DECREED THAT
ELIZABETH SUE ROSS
, PLAI NTI FF,
AND
BYRON E. ROSS
, 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 terms of the parties' Marital Settlement Agreement dated March 4, 2005
and attached hereto are incorpor~ted herein hut not mergprl hprpwith.
By THE COURT:
!
7
..
'" '" '" ",;F.'" "'''' "''''
;F. Of"''''''''''+;
.
.
.
.
.
.
'10"''''''''10''''10,..;'''
. ..
.
J.
~-9 fr.- .~ ~y" ~o/lh
j;/ff .?J. ~ 4-rtW P?J
50 (? r ~
,-:;0' ,yf' ;;-
/7'-
.,
Byron Ross
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACT'ION - LAW
Elizabeth Sue Ross
Defendant
NO. 04-838
DOMESTIC RELATIONS ORmm
L This Domestic Relations Order ("DRO") creates and r,ecognizes the existence of the
Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant.
It is intended to constitute a DRO Acceptable For Processing under final regulations issued by the
Office of Personnel Management ("OPM"),
2. This DRO is entered pursuant to authority granted under the applicable domestic
relations laws of the State of Pennsylvania.
3, This DRO relates to the provision of marit10perty rights to the Alternate Payee
pursuant to a Marriage Settlement Agreement dated OJ c.h "1/ ,00 S' .
4. This DRO applies to the Civil Service Retirement System ("Plan") and any successor
thereto. Byron Ross ("Participant") is a Participant in the Plan. Elizabeth Sue Ross ("Alternate
Payee"), the former spouse, is the Alternate Payee for the purposes ofthis DRO.
5. The Participant's name, mailing address, Social Security number and date of birth are:
Byron Ross
2150 Sir Lancelot Drive, Apt. A3
Harrisburg, PA 17I10
Social Security No.: 283-40-4016
Date of Birth: November 18,1945
6. The Alternate Payee's name, mailing address, Social Security number and date of birth
are:
>-
~
b
UJ->,
05
IT- :r"
1..L.t-_-:=
'7Q
aO.
UJO-
-'UJ
t:Cx
I-
u...
o
r-
(")
::c
....:
co
I
.-J
-:>
-.,
""
=
=
<'"
f':::
8~;
~,~
'..~-
_:~~w
i:-~J Q....,
....-':;.
"'i
<)
T
DRO
Page 2 of 5
Elizabeth Sue Ross
4000 Market Street
Camp Hill, P A 17011
Social Security No.: 283-40-3615
Date of Birth:
It is the responsibility of the Alternate Payee to keep a current mailing address on file
with the Plan at all times.
7. The Alternate Payee is entitled to a portion of the Participant's Gross Monthly Annuity
under the Plan as set forth below. The OPM is hereby directed to pay Alternate Payee's share
directly to Alternate Payee.
8. This DRO assigns to Alternate Payee an amount equal to $-1'5 ~.roof the Participant's
Gross Monthly Annuity accrued under the plan. Any cost-of-living increase applied to the
Participant's retirement benefits shall not apply to the Alternate Payee's share.
9. Payments to Alternate Payee shall commence the date payments commence to the
Participant. Participant agrees to arrange or to execute all fonns necessary for the OPM to
commence payments to the Alternate Payee in accordance with the terms of the DRO.
10. Payments shall continue to Alternate Payee for the remainder of the Participant's
lifetime. If the Alternate Payee dies before the Participant, thE! Alternate Payee's share of the
Participant's pension shall revert to the Participant.
11. The Alternate Payee is awarded a former spouse sw~vor annuity. The amount of the
former spouse survivor annuity will be equal to the maximum survivor annuity based upon the
portion of the Participant's gross monthly annuity assigned to the Alternate Payee. This former
spouse survivor annuity applies if the Participant dies before his benefits commence or if the
Participant dies after his benefits commence. The costs associated with providing this former
spouse survivor annuity coverage shall be deducted solely from the Alternate Payee's benefits.
Participant agrees to take all necessary steps to elect Alternabe Payee as designated beneficiary
for the purposes of establishing and sustaining such former spouse coverage for Alternate Payee.
DRO
Page 3 of 5
12. If Participant leaves Federal service before retirement and applies for a refund of
employee contributions under the Plan, the OPM is directed not to pay the Participant a refund of
such employee contributions.
13. In no event shall the Altemate Payee have greater benefits or rights other than those
which are available to the Participant. The Alternate Payee is not entitled to any benefit not
otherwise provided by the Plan. The Alternate Payee is only entitled to the specific benefits
offered by the Plan as provided in this Order. All other rights, privileges and options offered by
thc Plan not granted to Alternate Payee are preserved for the Participant.
14. The Plan shall issue individual tax forms to the Participant and Alternate Payee for
amounts paid to each such person.
15. In the event that the Plan inadvertently pays to the Participant any benefits that are
assigned to the Alternate Payee pursuant to the terms of this DRO, the Participant shall
immediately reimburse the Alternate Payee to the extent that he has received such benefit
payments, and shall forthwith pay such amounts so received directly to the Alternate Payee within
ten (10) days of receipt. In the event the Plan inadvertently pays to the Alternate Payee any
benefits that are not assigned to her pursuant to the terms of this DRO, the Alternate Payee shall
immediately reimburse the Participant to the extent she has received such benefit payments and
shall forthwith pay such amounts so received directly to the Participant within ten (10) days of
receipt.
16. In the event the Participant makes a one-time irrevocable election to transfer into the
Federal Employees Retirement System (nFERsn) before his retirement, then Alternate Payee shall
be entitled to a portion of the Participant's Basic Annuity and/or a Refund of employee
contributions under FERS calculated in a manner similar to that which is enumerated in Sections
8, 9, 10, 11 and 12 above for the annuity and refund, respectively, and payable directly from FERS.
Additionally, Alternate Payee shall be entitled to a former spouse survivor annuity payable under
FERS and determined in a similar manner to the survivor benefits set forth under Section 11
above. Further, such former spouse survivor annuity shall be payable directly from FERS.
DRO
Page 4 of 5
17. If Participant takes any action that prevents, decreases, or limits the collection by
Alternate Payee of the sums to be paid hereunder, he shall make, payments to Alternate Payee
directly in an amount sufficient to neutralize, as to Alternate Payee, the effects of the actions
taken by Participant.
18. The OPM shall notify the Alternate Payee and her legal representative when the
Participant makes an application for any benefit payments or withdrawals from the Plan.
" '
>.
DRO
Page 5 of 5
19. The Court of Co=on Pleas of Cumberland County, Pennsylvania shall retain
jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a
Domestic Relations Order, provided, however, that no such amendment shall require the Plan to
provide any form of benefit or any option not otherwise provided by the Plan, and further provide
that no such amendment or right of the Court to so amend will invalidate this Order.
Accepted and Ordered this ~tl day of
s v (l
,2005.
BY THE COURT
tVL-fviZ
J ge
CONSENT TO ORDER:
PLAINTIFFIPARTICIPANT
DEFENDANT/ALTERNATE PAYEE
~~ c;;'t~
~/;?3/0 b
Date '
r~>... I -zA
~e
A1. ~~<-
.
(., ~ I ~ - ~')
Date
A'ITORNEY FOR PLAINTIFF/
PARTICIPANT
A'ITORl'rEY FOR DEFENDANT/
ALTERNATE PAYEE
l.~~L
s~ure
D~/~4lJ \
ne~~{ic~
Signature
Date