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HomeMy WebLinkAbout09-8048u Michael A. Hynum, Esquire Supreme Court ID #85692 Hynum Law 2608 North 3`d Street Harrisburg, PA 17110 (717) 774-1357 RYAN T. CASEY, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. Dg - ?' 6`Fg CHRISTENE M. CASEY, Defendant 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 within twenty (20) days. You are warned that if you fail to do so, the case may proceed without you and 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, High & Hanover Streets, Carlisle, PA 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 32 South Bedford Street Carlisle, Pennsylvania 17103 Telephone Number (717) 249-3166 Michael A. Hynum, Esquire Supreme Court ID #85692 Hynum Law 2608 North 3`" Street Harrisburg, PA 17110 (717) 774-1357 RYAN T. CASEY, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CHRISTENE M. CASEY, Defendant NO. 0 -1 - ?D q CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Ryan T. Casey, an adult individual residing at 510 Meadowcroft Circle, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Christene M. Casey, an adult individual residing at 1085 Windsor Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married in May of 1997 in Sharon, Mercer County, Pennsylvania. 5. The parties separated in November of 2007. 6. Plaintiff avers that there are the following children of the parties under the age of eighteen (18): a. Kayla Casey, age 9, DOB 8/21/00, currently residing with the Plaintiff and Defendant on rotating weekly basis. b. Aidan Casey, age 6, DOB 7/13/03, currently residing with Plaintiff and Defendant on a rotating weekly basis. 7. No previous divorce action has been filed by either party in this jurisdiction or any other jurisdiction. 8. 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. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 8, inclusive, of Plaintiff's Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff, RYAN T. CASEY, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce in his favor in accordance with §3301 of the Pennsylvania Divorce Code. B. Awarding other relief as the Court deems just and reasonable. Date: n NlichaeTA. HynufmaE ire Supreme Court ID #8 6 Hynum Law 2608 North 3rd Street Harrisburg, PA 17110 (717) 774-1357 Attorney for Plaintiff Michael A. Hynum, Esquire Supreme Court ID #85692 Hynum Law 2608 North 3`d Street Harrisburg, PA 17110 (717) 774-1357 RYAN T. CASEY, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CHRISTENE M. CASEY, Defendant NO. CIVIL ACTION -LAW IN DIVORCE VERIFICATION I, RYAN T. CASEY, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: Rya (a?- FLED-OFFIC"'E r T` c PR.,, ?"s'??Il OOTAPY 2009 NOV 19 PM 1= 32 J-XCUNTY P'? NSYLVANIA ?3as.ro r??? etc' ?LZ? RYAN T.. CASEY, v. IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CHRISTENE M. CASEY, Defendant NO. 09-08048 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 3301 (c) of the Divorce Code was filed on November 19, 2009. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and the 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 contained herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: z a3- l C~ R e c:, ^~ - -- r , -- a".- ! 1 `~ ' ~ _ ~l Y. h\? i._` ;:.. GY ". _ r ~ T ' «~ r • ` y+ -.. RYAN T. CASEY, v. IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CHRISTENE M. CASEY, Defendant NO. 09-08048 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. 1 consent to the entry of a final Decree of Divorce without any 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 contained herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to a Date: ~ a3^ I!~ -:~. -7., ,. . ~, ,; , . E~,., ~;: ~ ~-_ -_ ,, ~,, . . ~ RYAN T. CASEY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v• N0.09-08048 CHRISTENE M. CASEY, :CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 3301(c) of the Divorce Code was filed on November 19, 2009. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and the 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 contained herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ~ ' ~~ '" ~ (~ RYAN T. CASEY, v. Plaintiff CHRISTENE M. CASEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-08048 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without any 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 contained herein are made~ubject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. ', /! /I _ Date: ~ ~0~3 "" ~ C~ Christene CIVIL ACTION -LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT r N ._ ~.:~ ~ 1 ~~ ~, ~'' ~ =-~ ~__~ ~ ,~ _ - ~ . f- ~ cao = ~. RYAN T. CASEY, v. IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA N O. 09-08048 CHRISTENE M. CASEY, Defendant MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT is made as of the day of lV , 2010, by and between Ryan T. Casey, an adult individual residing at 510 Meadowcroft Circle, Mechanicsburg, Cumberland County, Pennsylvania, 17055. (the "Husband"), and Christene M. Casey, an adult individual residing at 1085 Windsor Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. (the "Wife"). Recitals The background of this Agreement is as follows: R-1. The parties hereto, being Husband and Wife, were lawfully married in May of 1997 in Sharon, Mercer County, Pennsylvania. R-2. Differences have arisen between Husband and Wife and, as a result, they live separate and apart from each other and have done so continuously since November of 2007 (the "Separation Date"). R-3. On or about November 19, 2009, Husband filed a divorce complaint in Cumberland County, Pennsylvania, which action is docketed to No. 09-08048 Civil Term (the "Divorce Action"). R-4. There were two children born of the marriage between Husband and Wife. Both are under eighteen (18) years of age, Kayla (born August 21, 2000) ("Child Kayla") and Aidan (born July 13, 2003) ("Child Aidan"). R-5. Husband and Wife desire to settle and determine finally, and for all time, their mutual property right, support, and other matters related in any way to their marriage. NOW THEREFORE, in consideration of the mutual promises, covenants, and undertakings herein contained, the parties hereto, each INTENDING TO BE LEGALLY BOUND HEREBY, agree as follows: 1. Recitals. The Recitals set forth above are incorporated herein by reference as if set forth in full. 2. Divorce. It is specifically understood and agreed by and between the parties, and each party does hereby warrant and represent to the other that, as defined in the Pennsylvania Divorce Code, their mamage is irretrievably broken. Husband filed the Divorce Action on or about November 19, 2009, and the parties agree to take all legal steps (including the timely and prompt submission of all documents and the taking of all action) necessary to assure that a divorce pursuant to Section 3301(d) of the Pennsylvania Divorce Code is entered as soon as possible. This Agreement shall be incorporated by reference, but not merged into the Divorce Decree presented to the Court. Husband and Wife shall at all times hereafter have the right 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, or other interference whatsoever by the other. Neither party shall molest the other nor endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 3. Equitable Distribution of Personal Property. Husband and Wife acknowledge that, except as specifically set forth herein, they have divided all personal property acquired during the marriage to their mutual satisfaction. 4. Profit Sharing, Retirement and Securities. Husband and Wife each expressly waive and relinquish any and all right or interest that he or she may have in and to the other's retirement, 401(k), profit sharing, pension, and other similar employer- providedplans and incentives. Wife acknowledges that the payments described in 2 paragraph 10 below are in consideration of Wife waiving any rights to Husband's retirement account. 5. After-Acquired Property. Husband and Wife acknowledge that they have been living separate and apart since the Separation Date. Each party expressly waives and relinquishes any right or interest he and she may have in property, real, personal, or mixed, purchased or otherwise acquired by the other party after the Separation Date, except as specifically set forth herein. 6. Marital Debt. Except as otherwise outlined below in this paragraph, all marital debt generated by the parties before the Separation Date will be divided equally between the parties. After the Separation Date, any debt will be the responsibility of the party who incurred it. As of the date of this agreement, Wife has 100% ownership of the Marital home and a deed solely in Wife's name should be recorded within 6 months of this agreement if not already done so. Regarding the Mortgage debt on the Marital home, upon the date of this agreement, Wife is solely responsible for payments on the Marital home's Mortgage. Additionally, Wife agrees to refinance the Mortgage in Wife's name only within 5 years of the date of this agreement or in the alternative, sell the Martial home prior to 5 years of the date of this agreement. As of the date of this agreement, Husband has 100% ownership of the Partnership. Regarding the Partnership Loan Debt, upon the date of this agreement, Husband is solely responsible for any and all payments towards that debt. 7. Current Debts. Each party hereby represents and warrants to the other that he or she has incurred no undisclosed debts or obligations for which the other is responsible, and each party hereby indemnifies and holds the other party harmless from any and all debts, liabilities, and obligations, including without limitation, any attorneys fees actually incurred by the indemnified party, as a result of any other debts or obligations not otherwise disclosed hereunder. 8. Future Debts. Neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible, and shall indemnify and save harmless the other party from any and all claims or demands, including attorneys' fees and costs, made against him or her by reason of debts or obligations incurred by such party. 9. Taxes. Husband and wife will file together as married filing jointly all tax returns for 2009. The parties are each responsible for their own federal, state, and local taxes due for 2010 and future years. 10. Child Support and Distribution of Marital Assets. Husband agrees to pay Wife $2,800.00 per month until Child Aidan reaches eighteen (18) years of age. The $2,800.00 consists of $1,739.00 per month in child support and $1,061.00 per month in distribution of marital assets. Should wife remarry prior to Child Aidan's eighteenth (18~') birthday, then the payments to Wife for distribution of marital assets shall be reduced to $561.00 per month. In addition, Husband agrees to pay Wife $10,714.29 annually for seven (7) years where each payment is to be made by December 31 ~ of each of those seven (7) years with the first of these payments due by December 31 ~`, 2010. 11. Shared Physical Custody. Husband and Wife shall have equal shared physical custody of Child Kayla and Child Aidan where children shall reside with Husband and Wife on a rotating weekly basis. The parties agree to cooperate in regard to scheduling periods of shared physical custody. 12. Health Insurance. Wife understands that upon entry of the divorce decree that she will obtain and maintain her own health insurance coverage. Husband agrees to maintain health insurance coverage for Child Kayla and Child Aidan. 13. Life Insurance. Husband Agrees to purchase and maintain a life insurance policy worth at least $500,000, naming an irrevocable, non-amendable life insurance trust as the sole owner and beneficiary of said policy. Husband's parents will be named as and act jointly as trustees of the trust created by policy proceeds and make 4 distributions to Child Kayla and Child Aidan as necessary until they reach an age chosen. by Husband in the trust. 14. Indemnification. Each party hereby expressly agrees to indemnify and hold harmless the other from any and all liability, direct or indirect, including attorneys' fees and. costs, that may arise in connection with any obligation, joint or otherwise, for which the party has agreed hereunder to bear sole responsibility, or which the party has failed to disclose and provide for herein. 15. Disclosure. Each party asserts that he or she has made full and complete disclosure of all of the real and personal property of whatsoever nature and wherever located belonging in any way to either of them, of all debts and encumbrances incurred in any matter whatsoever by each of them, of all sources and amounts of income and retirement savings received or receivable by each parry, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. The parties confirm that each has relied upon the substantial accuracy if the financial disclosure of the other, as an inducement to the execution of this Agreement. 16. Other Writines. Each of the parties hereto agrees to execute any and all documents, deeds, bills of sale or other writings necessary to carry out the intent of this Agreement or any part thereof, without undue delay or objection. 17. Mutual Release. Except as otherwise specifically provided herein, the parties hereby release and discharge, absolutely and forever, each other from any and all rights, claims and demands, past, present, or future, specifically, without limitation, from the following: alimony pendente liter alimony; spousal support; division of property; claims or rights of dower and right to live in the marital residence; right to act as executor or administrator in the other's estate; rights as devisee or legatee in the Last Will and Testament of the other; any claim or right as beneficiary in any life insurance policy of the other; and any claim or right in the distributive share or 5 intestate share of the other party's estate. 18. Entire Aaxeement/Amendment. This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. This Agreement may be amended by the parties only by a written instrument signed by both parties hereto. 19. Nonwaiver of Performance. 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 not be construed as a waiver of any subsequent default of the same or similar nature. 20. Invalidi . 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 as if such provision had not been initially included. The failure of any party to meet her or his obligations under any one or more of the provisions herein, with the exception of the satisfaction of the conditions precedent, if any, shall in no way avoid or alter the remaining obligations of the parties. 21. Breach. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for such breach at law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 22. Governing Law. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 23. Successors in Interest. Except as otherwise provided herein, this Agreement shall be 6 binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 24. Leal Effect. The provisions of this Agreement are intended to effect a legally binding. property settlement between the parties. Each party acknowledges that he or she each has read this Agreement, has been afforded sufficient time to discuss this Agreement and all financial and other information related to this Agreement with counsel, fully understands the facts, and has been fully informed as to his or her legal rights and obligations by counsel, and each party acknowledges and accepts that this Agreement is fair and equitable, that it is being entered into freely and voluntarily and that this Agreement and the execution of it is not the result of any duress, undue influence or collusion. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: WITNESS: WIFE: 7 HUSBAND: COMMONWEALTH OF PENNSYLVANIA: COUNTY OF ~~~'~"`~- SS. ~~ On this, the ~ day of ~ ~ 2010, before me, a No Public the ~' undersigned officer, personally appeared R an T. Casey, known to me (or satisfactorily proven) to be the person whose name is signed to the foregoing instrument and acknowledged that she executed the same for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. COMMONWEALTH OF PENNSYLVAN A Notarial Seal Brooke A. Binger, Notary Public Carlisle Boro, Cumberland County My Commission Expires Aug.11,2010 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF Vl,~-k~ ~~ . ~f' r~ Notary Public My Commission Expires: (SEAL) On this, the day of ~(~~~ , 2010, before me, a Notary Public, the undersigned officer, personally appeared Chrt tene M. Casey, known to me (or satisfactorily proven) to be the person whose name is signed to the foregoing instrument and acknowledged that he executed the same for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. C0~1~UiONWEALTH OF PENNSYLVAN A Notarial Seal Brooke A. Binger, Notary Public Carlisle Boro, Cumberland County My Commission Expires Aug. 11, 2010 Member, Pennsylvania Association of Notaries Q~ Notary Public My Commission Expires: (SEAL) RYAN T. CASEY, v. Plaintiff CHRISTENE M. CASEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSY~VAAI'IA :. NO. 09-08048 ~' ~'~ ~h' o ~ --, CIVIL ACTION -LAW N ~ '. IN DIVORCE =_ ~,d, ~j . ', _ ~ PRAECIPE TO TRANSMIT RECORD ~ o. _°~ . .. To the Prothonotary: Transmit the record, together with the following information, to the Court or entry of a divorce decree: Ground for divorce: irretrievable breakdown under §3301(c) of the divorce code. 2. Date and manner of service of the complaint: November 19, 2009, served by certified mail on or about November 24, 2009, and a certificate of service was filed December 2, 2009. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by Plaintiff: July 23, 2010 by Defendant: July 23, 2010 4. Date Plaintiffs Waiver of Notice in §3301(c) divorce was filed with the Prothonotary: July 26, 2010. Date Defendant's Waiver of Notice in §3301(c) divorce was filed with the Prothonotary: July 26, 2010. .,~~ ~~ ~ Date: ichael A. Hyn m, Esquire Attorney ID No. 85692 HYNUM LAW 2608 North 3~ Street Harrisburg, PA 17110 Attorney for Plaintiff