Loading...
HomeMy WebLinkAbout05-4399LISA L. RONAN, Plaintiff vs. DWAIN D. RONAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. Zoos -Y3i9 IN DIVORCE NOTICE You have been sued in COUii. If you wish to defend against the olaims 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 he entered against you for any other claim or relief requested in dxese papers by the Plaintiff. You may Lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Domestic Relations Office. 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEF,S OR EXPENSES BEFORE THE FINAL DECREE OF 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 170 Li (717)244-3166 LISA L. RONAN, Plaintiff vs. DWAIN D. RONAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.2005 - `Y.3~1~1 IN DIVORCE COMPLAINT FOR DIVORCE UNDER SECTIONS 3301(c~ ar 3301(d~ OF THE DIVORCE CODE COUNT I -DIVORCE l . Plaintiff is Lisa Ronan, an adult individual who currently resides at 139 Kens Road, Carlisle, Cumberland County, Pennsylvania 170]3 since 1998. 2. Defendant is Dwain D. Ronan, an adult individual who currently resides at l lb9 Easy Road, Carlisle, Cumberland County, Pennsylvania ] 70 ] 3 since July 2005. 3. Plaintiff and Defendant have been a bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on December 3, 1994 in Cumberland County, Pennsylvania. 5, There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 8. Defendant is not a member of the Armed Services of the United States or any of its Allies. 4. Plaintiff avers that the grounds on which the action is based are: a. Section 3301 (cl -the marriage is irretrievably broken. b. Section 3301 (dl -the marriage is irretrievably broken and the parties are now living separate and apart. Once the parties have lived separate and apart for a period of two years, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two years and that the marriage is irretrievably broken. The parties have lived separate and apart since April 25, 2005. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. Respectfully Submitted, ~~~ Megan alone, Esquire Attorney for Plaintiff Law Offices of LopezlVeuharth LLP 401 East Louther Street, Suite 101 Carlisle, PA 17013 (717) 258-9991 VERIFICATION 1 verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Date: C~ ~7 ~~ /i~ Lisa Ronan Cam' ~~ ~ ~ -~ ,~„ `t rx ~ ~ O "C1 " :y ~: ~~`r ' ,y~ r,5 ~c ; ., :., c~ .', ' a ~~ " ~ ern ~ i, . ~ ~'a __ . ~- :<: r~ LISA L. RONAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : CNIL ACTION -LAW DWAIN D. RONAN, : NO. 2005 - 4399 Defendant : IN DIVORCE Affidavit of Service I, Megan Malone, Esquire hereby state that on August 27, 2005, i mailed by First Class U.S. Mail and by Certified Mail, No.7004-2510-0003-5085-1339, Return Receipt Requested, Addressee Only, a copy of the Complaint in Divorce to Defendant, Dwain Ronan, 1169 Easy Road, Carlisle, Pennsylvania 17013, the last known mailing address of Defendant, which documents were received on August 30, 2005, as evidenced by the attached Return Receipt Card. Megan (alone Law Offices of LopezNeuharth LLP 401 East Louther Street, Suite 101 Carlisle. PA 17013 (717)258-9991 ^ Canple-e IMrtw t, 2, ancM a. Aho cantAeae ttMfl 4 M Aeeb9cYd D~Is deeked.. ~'PiintY~~°N1d oethenwe~ee ~~~.~,,~,na~aa„,~,. . nnad, uesca~a ro me n~ oe,ne . a «, n,e rr«~ a epdoe p• ,.,wu~naram: ~,1iJgn.) ~~,a~a ~~,~~ ~~6~ ~Sy~,e l~o~~ Gta~-~'s `~- ~.^~ $. 1 • ~ PS EY (~'+ 'Ml i~ ~iiar a ..._. __._..._....r..se.bw: orb ~~ ~,~ q MsMcted DNOe~yt fHro+~l &i'Vsa '~T ~ 7~~4 251 003 585 1339 Febn+~Y 2004 ppn~gc Mara Reaipl M ~maa~saaM-+ea 3 EXHIBIT A ., ~-, <~ %1~ , c,, 4 - s, -~, ;, ~. ,~ , - - - _ Y, -- LISA L. RONAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY PENNSYLVANI , A vs. :CIVIL ACTION -LAW DWAIN D. RONAlV, : NO. 2005 - 4399 Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under § 3301(c) of the Divorce Code was filed on August 26, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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. 4. I understand that I may have rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswort~ falsification to authorities. e Ir r ~~ Date:~V~Z~{ X00,6 f ~~ , _ i ~ L,____-_._ - isa .Ronan '- ~ ~ ~ ( _ ~,. °. ,.~7 C ~ 7 _ 4 . ~ ~~ ---1 ~ ~ ~r ~ ), =f .., ; .. ~ LISA L. RONAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION -LAW DWAIN D. RONAN, NO. 2005 - 4399 Defendant : IN DIVORCE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: d /. ,,7~f ,~~~ ~ ~... t G~c._ ~' ~ isa L. Ronan t. ~~:a ;:~ -r~ ~~ .. r- --~ ;~,a ~', .T . -- ~:a ~. _ , - _..e ~. MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this ~ ~~~ day of N 4 V e' Nl~jt,/ , 2006, by and between LISA L. RONAN, (hereinafter referred to as "WIFE") and DWAIN D. RONAN, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on December 3, 1994, and separated on or about Apri125, 2005; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties Hereto are desirous of settling fully and finally their respective financial and property rights and obligation as between each other, including, but not limited to the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, the settling of all claims and possible claims by one against the other or against their respective estates, and the equitable distribution of property and alimony for each party. The parties hereto agree and covenant as follows: The parties intend to maintain separate and permanent domiciles and to .live apart from each. other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their marital property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. It is the intent of the parties hereto that this Agreement shall create contractual rights and obligations entirely independent of any Court Order and that this Agreement may be enforced by contract remedies in addition to any other remedies which may be available pursuant to the terms of this Agreement or otherwise under law or equity. This Agreement may be incorporated into the decree to be granted in any divorce action which may be filed by either party, but this Agreement shall not merge with but shall survive the divorce decree and order, and the terms of this Agreement shall not be open to modification by the Court. The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of the Agreement for the purpose of enforcement of any of the provisions thereof. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither parry shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the use, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: (1) Is represented by counsel of his or her own choosing, or if not represented by counsel, understands that he or she has the right to counsel: WIFE is represented by Aazon J. Neuharth, Esquire of the Neuharth Law Offices; HUSBAND is represented by Michael A. Scherer, Esquire of O'Brien, Baric & Scherer; (2) Is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) Is entering in#o this Agreement voluntarily after receiving the advice of counsel or after choosing not to consult an attorney; (4) Has given careful and mature thought to the making of this Agreement; (5) Has carefully read each provision of this Agreement; (6) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect of each provision. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 3501(a), and and antique bakelite, compact discs, one work bench, collection of Griswold iron skillets, one carved and one concrete bear, antique high chair, wall clock, note box, lawn boy push mower, bikes .for children, shadow box, picnic table, basketball net, fishing boat, children's toy boxes, and a cash settlement of $19,000.00 ~~ 4-~ P«: cE' ~ ~,,;,~ .1t, ~,~~ ~ l y //• 2 y. ob , ` _ Any personal property not listed in this agreement shall be the sole and exclusive property of the ,~l party in possession of said property at the time of execution of this agreement. WIFE hereby waives all right, title and interest which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any right, title and interest which he has in the personal property of WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to HUSBAND or WIFE with full power to HUSBAND or WIFE to dispose of the same as fully and effectually, in ail respects and for all purposes as if he or she were unmarried. Each party agrees that neither will incur obligations, liens or liabilities on account of the other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account of the other. 10. AUTOMOBILES: The parties agree that WIFE shall retain the 2000 Ford Taurus. HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or any vehicle she may own in the future. WIFE shall hold HUSBAND harmless for any and all liability associated with the use and purchase of any vehicle she may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. HUSBAND shall retain the 1997 Ford Windstar GL Minivan, and the 1989 Ford F150 Short Bed Truck. WIFE hereby waives all right, title and interest in any vehicle that HUSBAND currently owns or any vehicle he may own in the future. HUSBAND shall hold WIFE harmless for any and all liability associated with the use and purchase of any vehicle he may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. 11. MARITAL DEBTS & BANKRUPTCY: It is further mutually agreed by and between the parties that WIFE shall assume all liability for and pay and indemnify HUSBAND against all debts incurred by WIFE after the date of separation. WIFE represents and warrants to HUSBAND that since the parties' mutual separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. HUSBAND shall assume all liability for and pay and indemnify the WIFE against all debts incurred by HUSBAND after the date of separation. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. The parties further acknowledge the existence of their own names for which each shall be responsible for the payment of and indemnify and hold harmless the other party from said balances. 12. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any employee benefits of HUSBAND yr WIFE including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. HUSBAND waives all right, title and claim to WIFE' S employee benefits, and WIFE waives all right, title and claim to HUSBAND' S employee benefits, except as follows: Wife agrees to transfer the amount of $24,197.00 via Qualified Domestic Relations Order (QDRO) prepared by Wife's attorney to an account that Husband designates. The parties hereby waive any and all rights he or she may have in any life insurance policy of the other party. Each party is free to designate a beneficiary of his or her choosing. 13. BENEFITS. STOCK AND BANK ACCOUNTS: HUSBAND shall retain the bank accounts for the parties children, Meg and David Ronan. WIFE shall retain all monies in the Tap 529 college accounts for the parties children, Meg and David Ronan. WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of HUSBAND and likewise HUSBAND agrees to waive all right, title and interest which he may have in the savings or checking or any other bank accounts of WIFE. 14. DIVORCE: Wife filed a divorce action in the Court of Common Pleas of Cumberland County at 2005-4399 on August 26, 2005. It is agreed that this Agreement may be filed at said divorce action and incorporated into, but will not merge with, the decree to be entered therein. 15. RECONCILIATION: Husband and Wife shall only effect a legal reconciliation which supersedes this Agreement by their signed Agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void. In the absence of such written Agreement, this Agreement shall remain in full force and effect. Any attempt at reconciliation which is not consummated by the above-referenced Agreement shall not amend or otherwise affect the terms and conditions of this Agreement, nor cause any new marital rights or obligations to accrue. 16. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 17. 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 or clause shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force and effect. 18. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the Commonwealth of Pennsylvania. 22. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 23. PAYMENT OF COSTS: Each party shall be responsible for his or her own attorneys fees and costs incurred in the filing of the divorce and settlement of economic issues involved therein, including, but not limited to, support issues. 24. 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 now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESS: ~~- (SEAL) SA .RONAN t > ~~AL) DWAIN D. RONAN COMMONWEALTH OF PENNSYLVANIA COUNTY OF C , PERSONALLY APPEARED BEFORE ME, this day of 2006, a Notary Public, LISA L. RONAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ~~I~i:IN C.c.~~ be~~a nc~ , PERSONALLY APPEARED BEFORE ME, this ~ 3~d day of (~ 0 ~ erY- ~;~ , 2006, a Notary Public, DWAIN D. RONAN, known to me {or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Amanda L. Fisher, Notary Public Carlisle Boro, Cumberland County My Commission Expires Apr. 17, 2010 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF FRANKLIN Acknowledgment and Affidavit Taken Before Attorney at Law On this o~ ,Q-`~ of ~-~ , 2006, before me, ~ ~ ~ ~ ~ r ~~ ~~P~ ,the undersigned officer, personally appeared, Aaron J. Neuharth, Esquire, known to me or satisfactorily proven to be a member of the highest Court of the Commonwealth of Pennsylvania, and certified that he is a subscribing witness to the foregoing Marriage Settlement Agreement and was personally present when the forgoing Marriage Settlement Agreement was executed by Lisa Ronan and that Lisa Ronan acknowledged that she executed said agreement for the. purposes contained therein. In witness thereof, I hereunto set my hand and official seal. f ~n~.ee~ O O~y H P PENNSYLVANIA Notarial Seal Linda E. Miller, Notary Public Chambersburg Boro Franklin County My commission Facpiies Sept. 21, 2007 Member, Ponns~~ivania Association of Notaries ~~ ~ t-_ `~.._~ ..--~ -~< <: .-',J ,..~~ _ -,-a - ~. _.~_, _ ~.~ `= ._ {t„l LISA L. RONAN, Plaintiff V. DWAIN D. RONAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4399 CIVIL CIVIL ACTION-LAW IN DIVORCE 1. A complaint in divorce under Section 3301(c), or 3301(d) of the Divorce Code was filed on August 26, 2005. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. ~+ -- ' tiL~~~ Date: ~ ~Z , 2007 "~ Dwain D. onan ~~ ~~ ~~ r~ ~ --r t `~ ,~ ~" i . _ ,,,.. t"'~ t . - ~ -Y C. r rte : .~ C.a~ '-y ~ .. `/{~ y ... G% LISA L. RONAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-4399 CIVIL DWAIN D. RONAN, CIVIL ACTION-LAW Defendant 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 fordivorce: irretrievable breakdown under Section 3301(c)of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant received Divorce Complaint via U.S.P.S. Certified Mail on August 30, 2005. 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 on November 24, 2006; and Defendant on March 12, 2007. B. (1) date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) date of service of the Plaintiffs Affidavit upon the Defendant: N/A 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce Code: The parties signed Waivers of Notice of Intent to Request Entry of Divorce Decree. Respectfully submitted, O'BRIEN, BARK & SCHERER Michael A. Sch er, Esquire ~~"1 K ~ J Y" ~~ `y ~1a ~ -- rl7'c=., ~ Y ~ ~~> ~ ~ ~:.F LISA L. RONAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW DWAIN D. RONAN, Defendant NO. OS-4399 CIVIL TERM ORDER OF COURT AND NOW, this 15t" day of March, 2007, upon consideration of Plaintiff's praecipe to transmit the record in the above-captioned matter, and it appearing that Plaintiff's affidavit of consent was not filed within the 30-day time period as required, a divorce decree will not be entered at this time, without prejudice to the parties' rights to correct the deficiency and file a new praecipe to transmit the record. BY THE COURT, !~ 0{ _ J. ichael A. Scherer, Esq. 19 West South Street Carlisle, PA 17013 Attorney for Plaintiff :rc ~ ~'! ~ ~~ ~p b '' LISA L. RONAN, Plaintiff v. DWAIN D. RONAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4399 CIVIL TERM 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 mannerofservice of the Complaint; Service upon the Defendant via U.S. certified mail on August 30, 2005. 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 on April 4, 2007; and Defendant on March 12, 2007. B. (1) date of execution ofthe Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) date of service of the Plaintiffs Affidavit upon the Defendant: N/A 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce Code: The parties signed Waivers of Notice of intent to Request Entry of Divorce Decree. Respectfully submitted, O'BRIEN, BARK & SCHERER c erer, Esquire 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 C~ -rr .-: , ;~ ~, --s _~ ~--; _ t~ _=? `~ ~-; P..s.,~ . ~ ~i'1 ~ ~,~ " ~. LISA L. RONAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION -LAW DWAIN D. RONAN, : NO.2005 - 4399 Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under § 3301(c) of the Divorce Code was filed on August 26, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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. 4. I understand that I may have rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ~ .~p~1 ~ ~ , 02 007 ` rsa .Ronan --c' - ~ . `~ ..-i T~ "~ }~' N i ~-' :7 ~~ 4 t y_ Lnj ~ ~ LISA L. RONAN, Plaintiff vs. DWAIN D. RONAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2005 - 4399 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 2~ ~ ~/ , 2007 ~ isa .Ronan C`? ~- __ ~ .-~ -- ..,,.~ 'r L,.i ~~~ v T:. ^F~ ..,-^ - ~ ~ r r~°" .r ~ ..! _.~ (.J a t N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT' STATE OF ~~ PENNA. tom. ,~ ~ -- - LISA L. RONAN Plaintiff VERSUS DWAIN D. RONAN, Defendant N O. 2005-4399 Civil DECREE IN DIVORCE A,ND NOW, ~ ~ ~ 26°~, IT VS ORDERED AND DECREED THAT LISA L. RONAN PLAINTIFF, AND DWAIN D. RONAN 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 parties Marital SE~ttlement Agreement dated November 13,2006 is incorporated but not merged herein as a final Order of Court. BY THE COURT: ATT T: ~ V J ~, PROTHONOTARY .1-~rr~~ _ ~~ r" '"~ s~i, ~;-', i..E.'' f~ ~. i r '4, i+r J>~'' fir? ~ } y f /' Lisa L. Ronan, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW Dwain D. Ronan, : NO.2005 - 4399 Defendant : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW THIS 16 ~ day of , 2007 it appears to the Court as -~--- follows: 1. The parties hereto were husband and wife, seek this Order in conjunction with a final decree of dissolution of marriage dated April 18, 2007 in that action pending in this Court at the above number. 2. Lisa L. Ronan, SSN: 201-62-6663, hereinafter referred to as "Participant," is employed by Shippensburg University, is a participant in the Teachers Insurance and Annuity Association -College Retirement Equities Fund, Hereinafter "TIAA-CREF" and has the following annuities: TIAA Retirement Annuities & Mutual Funds Contract Numbers: TIAA C535397-8, CREF U535397-6 TIAA Group Retirement Annuities and Mutual Funds Contract Numbers: TIAA 3545055-0, CREF 4545055-8 Supplemental Retirement Annuities and Mutual Funds Contract Numbers: TIAA L915443-0, CREF M915443-8 Lisa L. Ronan's current and last known mailing address is 139 Kerrs Road, Carlisle, Pennsylvania 17015-9408 and daytime telephone number is 717-4771124. 3. The Alternate Payee is Dwain D. Ronan whose current and last known mailing 'y. address is 101 Meals Drive, Carlisle, Pennsylvania 17013. t ~ Jll ~~l i ~ :=1 -0 (~ yr The Alternate payee's Social Security Number is 198-50-6187, date of birth is November 10, 1957, and daytime telephone number is 717-385-0488. 4. To the martial property distribution between the parties, IT IS ORDERED, ADJUDICATED AND DECREED AS FOLLOWS: A. That TIAA-CREF annuities previously-referenced are marital property: B. Upon finalization of this Order and pursuant to the terms of said annuities, the current values as of the valuation date of the Participant's TIAA-CREF annuity accumulations for the Marital Portion defined below shall be awazded as the Alternate Payee's sole and exclusive property to be applied to TIAA- CREF annuities subject to the terms and limitations of said annuities. i. The marital portion to be transferred to the Alternate Payee from Participant's TIAA-CREF annuity accumulations has been determined to be twenty-four thousand one-hundred ninety-seven dollazs ($24,197.00). Accumulations are to be valued as of November 13, 2006. a. The marital portion to be transferred to the Alternate Payee from Participant's TIAA-CREF annuity accumulations shall be transferred to Alternate Payee in the amounts listed herein from the from Participant's Funds as follows: TIAA Retirement Annuity & Mutual Funds Contract Numbers: TIAA C535397-8, CREF U535397-6, sixty-two percent (62%). TIAA Group Retirement Annuities and Mutual Funds Contract Numbers: TIAA 3545055-0, CREF 4545055-8, twenty-nine percent (29%). Supplemental Retirement Annuities and Mutual Funds Contract Numbers: TIAA L915443-0, CREF M 915443-8, nine percent (9%). C. Conditions of division of annuity contracts: i. All ownership and interest in the balance of the accumulations not transferred in all annuities issued to the Participant by TIAA-CREF will belong to the Participant. ii. All ownership rights in the newly-issued annuities will belong to the Alternate Payee. iii. The beneficiary designation of the Alternate Payee's annuities will be his or her estate, unless a beneficiary designation is submitted pursuant to the provisions of the contracts, and accepted by TIAA-CREF. The Alternate Payee must review the contracts at issuance for accuracy and inform TIAA-CREF of any change of address. iv. The Alternate Payee's annuities will be issued with the same investment allocation as the Participant's applied pro rata. The Alternate payee may change the investment allocation once his or her annuities are issued in accordance with the contributing employer's plan. D. Termination of Alternate Payee's status as beneficiary of record: i. As of the date of TIAA-CREF's receipt of the QDRO, all TIAA- CREF's benefits otherwise payable to Alternate Payee as beneficiary aze payable to the estate of the Participant. The Participant retains the right to change the designation. E. TIAA Traditional Retirement Annuities (RA's) do not allow single-sum withdraws or transfers to alternate carvers. For other TIAA-CREF annuities, the Alternate Payee's right to receive single-sum withdraws and/or transfer all or part of the accumulation to an alternate carrier may be limited in accordance with the contributing employer's plan. F. The parties are directed to submit to TIAA-CREF all documents and releases (if required by TIAA-CREF) to finalize this Order within thirty days of the request for same. 5. This Order: A. does not require any plan to provide any type of form of benefit, or any options not otherwise provided under the plan, and B. does not require TIAA-CREF to provide increased benefits, and C. does not require the payment of benefits to an Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be Qualified Domestic Relations Order. D. If any portion of this Order is rendered invalid, the balance of the order will remain fully enforceable. 6. The Court reserves jurisdiction to issue further orders as needed to execute this Order. By the Court, J. / 3~~~d ,7 Participant, Date: Lisa L. Ronan Alternate Payee, Date: ~-" ZD ~n 7 Dwain D. Ronan .~ ~ A~ / ~~~ O