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HomeMy WebLinkAbout07-0816A'a PAM S. RILEY, vs. DAVID W. RILEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : No. Q 7- Civil Term : ACTION IN DIVORCE Defendant 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 St. Carlisle, Pa. 17013 (717) 249-3166 4 PAM S. RILEY, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. Q7• ?1L Civil Term DAVID W. RILEY, ACTION IN DIVORCE Defendant COMPLAINT IN DIVORCE 1. Plaintiff is Pam S. Riley, a competent adult individual, who has resided at 45 Countryview Estates, Newville, Cumberland County, Pennsylvania, since 2005. 2. Defendant is David W. Riley, a competent adult individual, who has resides at 213 Fairview St., Marietta, Ohio, 45750. 3. Plaintiff has been a bona fide resident of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on January 26, 1998 in Marietta, Washington County, Ohio. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. Plaintiff and Defendant have two children together; namely, Austin G. McConaha, date of birth July 28, 1995, and Jessica A. Riley, date of birth September 17, 2001. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. I verify that the statements made in this Complaint 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. 3i ' Pam S. Riley, Plaintiff oate 21916 7 Respectfully submitted, e Adams, Esquire .D. No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF D INI. r 1 r n ?! r- C N eu.. "r1 rri co N O CX) 0 r? J r I PAM S. RILEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 601 -91(o Civil Term DAVID W. RILEY, : ACTION IN DIVORCE Defendant NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a counter- affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT OF SEPARATION 1. The parties to this action separated on July 4, 2003 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose my 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: Pam S. Riley, Plaintiff ..p ? p ? 'fi`t ?. ? ,? ?? ? ???"' (?j iii ?? ? -{ PAM S. RILEY, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 0' 1 Civil Term DAVID W. RILEY, ACTION IN DIVORCE Defendant E NOTICE TO RESUME PRIOR SURNAME. To the Prothonotary: Notice is hereby given that the Plaintiff in the above matter: X_ prior to the entry of a Final Decree in divorce. OR _ after the entry of a Final Decree in Divorce hereby elects to resume the prior surname of McCONAHA avowing her intention pursuant to the provisions of 54 P.S. s704. Date: COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND 4Z?C`ONAHA On this, the of F2007 before me, the undersigned officer, personally appeared PAM S. RILEY/PAM personally known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within' instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and offi 'al seal. COMMO TH OF PENNSYLVANIA Public Notarial Seal Jane Admik Notary Public Carlisle Ew% Cmnbedmd County y commission expires: My Commission Expires Sept 6, 2008 C -OL ev 0 0 A M m:E) F-n a -< PAM S. RILEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 07 - 816 Civil Term DAVID W. RILEY, ACTION IN DIVORCE Defendant AFFIDAVIT OF SERVICE AND NOW, this February 27, 2007, I, Jane Adams, Esquire, hereby certify that on February 22, 2007, a certified true copy of the NOTICE TO DEFEND, DIVORCE COMPLAINT, and AFFIDAVIT OF SEPARATION were served upon the Defendant, via certified mail, restricted delivery, return receipt requested at the following address: David W. Riley 213 Fairview St. ¦ Complete items and-3. Aiso corn fete a Marietta, Ohio 45750 Item 4 If Rest,[j?t?# Delivdry Is desired. ? AAWt DEFENDANT • Print your nem?r irtd'pddress on the reverse Addressee so that we can retumthe card to you. B. C. Date of Delivery ¦ Attach this cardto the back of the mailpiece, 2 L2 4 or on the front If space permits. 1. Article Addressed to: D. Is delivery address from Rem f ? ? Yes If YES, enter delivery address below: V?lo DAVID W RILEY 213 FAIRVIEW ST 14ARIETTA Oti 45740 3. ail ? Express Mall R?pkMt?d ? Return Receipt for Merchandise ? kwnd and ? C.O.D. 2. Article Number 7006 2760 0002 7405 8877 0?watar from setvice kEw Ps Form 3811, February 2004 Domestic Return Receipt tozsea ax ?r yaw J Adams, Esquire I. . No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ?' C9 i r r G3 y? PAM S. RILEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 07 - 816 Civil Term DAVID W. RILEY, ACTION IN DIVORCE Defendant NOTICE OF INTENT TO REQUEST ENTRY OF DIVORCE DECREE TO: David W. Riley Date: March 30, 2007 213 Fairview St. Marietta. Ohio 45750 You have been sued in an action for divorce. You have failed to answer the Complaint or file a Counter-Affidavit to the 3301(d) affidavit. Therefore, in twenty days, after April 20, 2007, the Plaintiff can request the Court to enter a final decree in divorce. If you do not file with the Prothonotary of the Court an answer with your signature notarized or verified or a Counter-Affidavit by the date above, the Court can enter a final decree in Divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of your counter-affidavit alone does not protect your economic claims. 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 St. Carlisle, Pa. 17013 (717) 249-3166 PAM S. RILEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 07 - 816 Civil Term DAVID W. RILEY, : ACTION IN DIVORCE Defendant COUNTER-AFFIDAVIT UNDER SECTION 3301(d) of the DIVORCE CODE 1. Check either (a) or (b): ?C (a) I do not oppose the entry of a divorce decree. _(b) I oppose the entry of a divorce decree because: (Check (i),(ii), or both:) _(i) The parties to this action have not lived separate and apart for a period of at least two years. _(ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): $(a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, and expenses if I do not claim them before a divorce is granted. _(b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees, or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: David W ley, Def ant NOTICE: If you do not wish to oppose the entry o a ivorce decree and you do not wish to make a claim for economic relief, you need not file the counter-affidavit. `''' CE , - r7 ? v PAM S. RILEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 07 - 816 Civil Term DAVID W. RILEY, ACTION IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER t3301(c) ANI)L33301(d) OF THE DIVORCE CODE 1. I consent to entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: - 41-6-(27 -g?7 David . Riley, Def ant s " ° i7 r,--. , -- - .... -,-? TM#` ? --r, 7 ? " ?l? h a _??? C? i3] "G PAM S. RILEY, vs. DAVID W. RILEY, Plaintiff Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 07 - 816 Civil Term : ACTION IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT TI IS AGREEMENT, mad- S* day of ?a? L , 2007, by and between, PAM S. RILEY, k/n/a PAM S. McCONAHA, hereina r referred to as "WIFE". and DAVID W. RILEY, of Marietta, Ohio, hereinafter referred to as "HUSBAND". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on January 26, 1998 in Marietta, Ohio; WHEREAS, there were two children born of this marriage, namely: Austin G. McConaha, date of birth, July 28, 1995; and Jessica Anne Riley, date of birth, September 17, 2001; 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 desire to settle their respective financial property rights and obligations as between each other, including the settling of all matters between them relating to ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present. and future support, alimony, and/or maintenance of Husband or Wife; and in general, the settling of any and all possible claims by one against the other or against their respective estates; NOW THEREFORE, Husband and Wife, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged, and each intending to be legally bound, Husband and Wife hereby covenant and agree as follows: 1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any 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. Each party agrees that he or she shall not, at any future time, raise as a defense, or otherwise, the lack of such disclosure in any legal proceedings involving this agreement, with the exception of disclosure that may have been fraudulently withheld. In the event that either party, at any time hereafter, discovers such a fraudulently undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of such asset. The non-disclosing party shall be responsible for payment of counsel fees, costs, or expenses incurred by the other party in seeking equitable distribution of such asset. 2. ADVICE OF COUNSEL. Wife has employed and had the benefit or counsel of Jane Adams, Esquire as her attorney. Husband is PRO SE. Each party has carefully and completely read this agreement and has been advised and is completely aware not only of its contents but of its legal effect. Husband has been advised of his right to counsel, voluntarily elected to forego representation, and understands that Jane Adams, Esquire is only representing Wife. 3. SEPARATION. The parties intend to maintain separate and permanent domiciles and to live apart from each other. Neither party shall harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment,, profession, business or other activity as he or she may deem advisable. Neither party shall interfere with the uses, ownership, enjoyment, or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Wife filed a no- fault divorce complaint in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(c) and (d) of the Pennsylvania Divorce Code. Husband hereby expresses his agreement that the marriage is irretrievably broken and expresses his intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(d) of the Divorce Code. The parties hereby waive all rights to request Court Ordered counseling under the Divorce Code. The provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment, or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification.or revision thereof shall alter, amend, or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is specifically agreed that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment, or decree. This incorporation shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. DATE OF EXECUTION. The "date of execution" or "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. All provisions of this agreement shall be effectuated by the parties within thirty (30) days of the execution date of this agreement unless otherwise specified within this agreement. 6. MUTUAL RELEASE OF ALL CLAIMS. Other than as provided in this agreement, each party may dispose 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 tl;e property or the estate of the other as a result of the marital relationship, including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. 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 interest, rights, and claims. 7. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold harmless from the other and against ajl future obligations of every kind incurred by them, including those for necessities. 8. OUTSTANDING JOINT DEBTS. (a) Wife agrees that the following debts are her own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. Any and all debts in her name alone. (b) Husband agrees that the following debts are his own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. Any and all debts in his name alone. 9. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in the Divorce Code at 23 Pa.C.S.A. s3501 et. seq. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all the marital rights of the parties. As such, the parties acknowledge that Husband or Wife's obligation to make the payments defined in this agreement shall not be subject to termination, discharge, or discontinuance in bankruptcy or for any other reason or by any Court or tribunal. Should Husband or Wife pursue an action in bankruptcy and be successful in extinguishing his obligation to pay any debts for which he has assumed sole obligation as set forth herein, he or she shall immediately be obligated to pay alimony to the other party in an amount equal to the monthly obligation on such debts that he or she otherwise had assumed and for which he had taken sole obligation and responsibility, plus an additional fifteen percent (15%) in consideration of the tax consequences associated with receipt of alimony. At the time of the implementation of this alimony award, which may be made through the appropriate Domestic Relations of support office with the Court of Common Pleas of appropriate jurisdiction as Husband or Wife may select, such party shall then be responsible for any such debts extinguished through the other party's bankruptcy as described herein. 10. OTHER PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have previously divided all their tangible personal property. Except as may otherwise be provided in this Agreement, Wife agrees that all of the property of Husband or in his possession shall be the sole and separate property of Husband; and Husband agrees that all of the property of Wife or in her possession shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce, and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 11. MOTOR VEHICLES. With respect to the motor vehicles, owned by one or both of the parties, they agree as follows: Each party shall retain the respective vehicles in their possession and be responsible for all costs associated with such vehicles. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, within thirty days of the execution date of this Agreement, and said executed titles shall be delivered to the proper parties on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobiles. 12. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties pensions and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. W 13. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Other than as provided in this agreement, each party hereby waives any right to spousal support, alimony, or alimony pendente lite, and each party agrees to be responsible for his or her own legal fees and expenses. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance, and support in the station of life to which they are accustomed. Wife and Husband do hereby waive, release, and give up any rights they may respectively have against the other for alimony, support, or maintenance. 14. INCOME TAX RETURNS. The parties have previously filed joint State and Federal Tax returns. Both parties agree that in the even any deficiency in Federal or State income tax is proposed, or any assessment of ary such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty, and expense incurred in connection therewith. Such tax, interest, penalty, or expense shall be paid solely and entirely by the individual whose is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 15. CUSTODY. The parties are the natural parents of two children, namely, Austin Grey McConaha, date of birth, July 28, 1995 and Jessica Anne Riley, date of birth, September 17, 2001. Regarding custody of the children, the parties agree as follows: Shared Legal Custody. The parties shall have joint legal custody of both children. Specifically, Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. Physical Custody. The parties agree that Mother shall have primary physical custody of Jessica Ann Riley and Father shall have primary physical custody of Austin Grey McConaha. Each parent shall be entitled to liberal periods of partial custody with the child not in their primary custody as the parties mutually agree. The parties shall share the costs and responsibility of transportation. 16. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 17. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 18. APPLICABLE LAW. The Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 19. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 20. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 21. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such parry hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the' same or similar nature, not shall it be construed as a waiver or strict performance of any other obligations herein. 22. SEVERABILITY. If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provisions shall be stricken from this Agreement; and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 23. BREACH. If either parry 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 other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this agreement. 24. INFORMED AND VOLUNTARY EXECUTION. Each parry to this agreement acknowledges that he or she is fully informed as to the facts relating to the subject matter of this agreement, is entering into this agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind, has given careful thought to the making of this agreement, has carefully read each provision of this agreement, and fully and completely understands each provision of this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: &MJ i- i ess Date: 419/07 STATE OF NIV-U S COUNTY OF David W. Riley, sband. ).ss On this, the 8 day of , 2007, before me, the undersigned officer, personally appeared DAVID W. RlLEknown to me, (or satisfactorily Proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunaary y hand and official seal. Public BONNIE L. GILL, Nehry Public * In and For The Stab of Ohio My commission expires: I P3 ,; My Commission Expires NovrmW A 2008 SEAL W' ess Pam S. McConaha, Wife Date: COMMONWEALTH OF PENNSYLVANIA ) ): ss COUNTY OF CUMBERLAND ) On this, the 2-9 day of-llYt a,/ , 2007, before me, the undersigned officer, personally appeared PAM S. McConaha known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. coMMOxWEA TH F P SMarnA No" SW Jane Admw NGWY PW *c Cadi* Haro, CwWooWd C=* # My Commission Expires Sept. 6, 2008 5?2 jary Public My commission expires: SEAL - . ? ?, ? ?z» ' v T ?;i C s c .,?' -z , r- ..? r"_? ' ?'%: ? $1 j ? : {. ?? ? t PAM S. RILEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 07 - 816 Civil Term DAVID W. RILEY, : ACTION IN DIVORCE Defendant TO THE PROTHONOTARY: PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under 33§ 01(d) of the Divorce Code. 2. Date and manner of the service of the Complaint: Delivered by certified mail, restricted delivery, return receipt requested, on or about February 22, 2007. 3. Date of execution of the affidavit required by §3301(d) of the Divorce Code: By Plaintiff. February 4, 2007 Date of filing and service of the plaintiffs affidavit of separation required by §3301(d) of the Divorce Code on respondent: Filed: February 12, 2007 Served on Defendant: February 22, 2007 Affidavit of Service filed: February 27, 2007 4. Related claims pending: None. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which was filed of record with the Prothonotary: Served on or about April 8, 2007, defendant also signed a Waiver of Notice, which was filed A12ril 11, 2007. Respectfully Submitted: Date:. l to ()kt4z oil e Adams, Esquire . No. 79465 I.S. Pitt St. . Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff t '? 11`1 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. p '? M Pain S. Riley, Plaintiff . VERSUS David W. Riley, Defendant No. No. 07 - 816 Civil Term DECREE IN DIVORCE AND NOW, ot.L? , IT IS ORDERED AND Pam S. Riley DECREED THAT AND David W. Riley ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, 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; None, the marriage settlement agreement which was executed April 8, 2007 and BY THE COURT: PROTHONOTARY filed April 11, 2007, shall be incorporated and not merged into this Decree. r PAM S. RILEY, Plaintiff, V. DAVID W. RILEY, Defendant. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07 - 816 CIVIL TERM IN DIVORCE/CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, PAM S. RILEY, k/n/a, PAM S. McCONAHA by and through her attorney, JANE ADAMS, Esquire, and presents the following complaint for custody, representing as follows: 1. The Plaintiff, Pam S. Riley, k/n/a, Pam S. McConaha, an adult individual residing at 1008 Northfield Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, David W. Riley, an adult individual residing at 213 Fairview St., Marietta, Ohio 45750. 3. Plaintiff seeks custody of the following children: Name Present Residence Age D/O/B Austin McConaha Hocking Valley Community 13 7-28-1995 Residential Center Nelsonville, Ohio Jessica Anne Riley 1008 Northfield Drive 8 9-17-01 Carlisle, PA 17013 4. The children were born both in and outside of wedlock. 5. The relationship of the Plaintiff to the children is that of natural mother. The Plaintiff currently resides with: Name Relationship (to the children) Bryan Wilday Mother's Boyfriend Kristina Wilday (17) Mother's Boyfriend's daughter Bobby Wilday (16) Mother's Boyfriend's son She is not married. She was divorced from Defendant on April 24, 2007. 6. The relationship of the Defendant to the children is that of natural father. The Defendant currently resides with: Name Jessica Riley Lexi (8) Gavin (4) Cadon (10 mos.) He is married to Jessica Riley. Relationship (to the children) Step-Mother Step-Sister Step-Brother Half-Brother 7. During the past five years, Jessica Anne Riley has resided with: Name Address Date Pam McConaha 1008 Northfield Drive March 2008 - present Carlisle, Pa. 17013 Pam McConaha 45 Countryview Estates Newville, Pa. 17241 Nov. 2004 - March 2008 Pam McConaha 407 1 1' St. Carlisle, Pa. 17013 July 2003 - Nov. 2004 During the past five years, Austin McConaha has resided with: Name Address Date Hocking Valley Community Nelsonville, Ohio July 2008-Present Residential Center Open Door Juvenile Detention Center Pam McConaha Marietta, Ohio 1008 Northfield Drive Carlisle, PA 17013 May 2008-July 2008 June 2, 2008- July 7, 2008 From May, 2006 to February, 2008 Austin lived with Plaintiff for six (6) months and Defendant for six (6) months. Pam McConaha 45 Countryview Estates Nov. 2004 - May 2006 Newville, Pa. 17241 Pam McConaha 407 1" St. Carlisle, Pa. 17013 Jan. 2004 - Nov. 2004 State Foster Care Athens County, Ohio September 2003- January 2004 David Riley Athens, Ohio July 2003-September 2003 8. The Plaintiff has not participated as a party or witness, or in another capacity in other litigation concerning the custody of the children is this or any other Court other than as follows: Austin is an alleged delinquent child and is currently in a residential center in Ohio. The parties' divorce was entered under the above-captioned docket number, and basic custody provisions were included in the marriage settlement agreement. 9. Other than as noted herein, Plaintiff has no information of a custody proceeding concerning the children pending in any Court of this Commonwealth or any other state. 10. Plaintiff does not know of a person nor a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children other than Father. I I. The best interests and permanent welfare of the children require Plaintiff to have primary physical custody and for Defendant to have specified periods of partial physical custody which may be agreed upon at a conciliation or otherwise be determined by the Court. WHEREFORE, Plaintiff requests this Honorable Court to schedule a custody conciliation conference. Date: Respectfully submitted, Ja Adams, Esquire est South Street arlisle, PA 17013 (717) 245-8508 ID # 79465 Attorney for Plaintiff VERIFICATION I, PAM S. RILEY, k/n/a, PAM S. McCONAHA, verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. L6M&2 PAM S. McCONAHA, laintiff 4. c'_r cn c..a s7i >c =s --c ,r PAM S. RILEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID W. RILEY 2007-816 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, October 21, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, November 25, 2008 _ at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac Ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 17013 Telephone (717) 249-3166 s = d 20 goo, t10V 2 6 2008 Gi PAM S. RILEY, Plaintiff V. DAVID W. RILEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-816 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this oO?- day of 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Pam S. Riley and the Father, David W. Riley, shall have shared legal custody of Jessica Anne Riley, born September 17, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of Jessica. 3. Father shall have periods of partial physical custody of Jessica as agreed to by the parties. 4. The complaint filed with regard to Austin McCanaha, born July 28, 1995, is hereby continued generally. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc• ne Adams, Esquire, Counsel for Father Xvid W. Riley, pro se 213 Fairview Street Marietta, OH 45750 ?`/ _,o t j '.,' PAM S. RILEY, Plaintiff V. DAVID W. RILEY, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-816 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jessica Anne Riley September 17, 2001 Mother Austin McConaha July 28, 1995 Hocking Valley Community Residential Center through State of Ohio/County Juvenile Probation 2. A Conciliation Conference was held in this matter on November 25, 2008, with the following in attendance: The Mother Pam S. Riley, with her counsel, Jane Adams, Esquire, and the Father, David W. Riley, pro se. 3. The parties agreed to an Order in the form as attached regarding Jessica. The Conciliator believes the matter regarding Austin is premature since he will be in the Juvenile detention center in Ohio at least until March 2009. The matter regarding Austin is to be continued generally for additional pleadings, either preliminary objections to jurisdiction in Cumberland County, or the filing of a Custody Complaint in Ohio. d- 26 Date Jac line M. Verney, Esquire Custody Conciliator PAM S. RILEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DAVID W. RILEY, : NO. 07 - 816 CIVIL TERM Defendant. IN CUSTODY CUSTODY AGREEMENT TCL This Custody Agreement is made this day of January 2009, by and between Pam S. McConaha, formerly known as Pam S. Riley, (Hereinafter referred to as "Mother"), of Carlisle, Cumberland County, Pennsylvania, and David Riley, (Hereinafter referred to as "Father"), of Marietta, Ohio; WHEREAS, Mother and Father are the natural parents of two children, Jessica Anne Riley, born September 17, 2001; and Austin McConaha, born July 28, 1995; WHEREAS, Mother and Father have reached an agreement relative to the future care and custody of their child, Austin McConaha, the terms of which agreement both parties desire to set forth in the present Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is a previous Order of Court, dated December 2, 2008, under the above-captioned number which addresses custody of Jessica Ann Riley. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Joint Legal Custody. Legal custody is the legal right to make all major non- emergency decisions affecting a minor child's well being, including, but not limited to, all decisions regarding his or her health, education, and religion. Mother and Father shall continue to have joint legal custody of their child, Austin McConaha, born July 28, 1995. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Emergency Decisions Emergency decisions regarding a child shall be made by the parent then having physical custody of the child. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. 3. Physical Custody. Physical custody is defined as actual physical possession and control of a child. Primary Physical Custody of the child, as that term is defined in the custody act, shall be with Mother. 4. Partial Custody. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Father shall have liberal periods of partial physical custody with the child as mutually agreed by the parties. 5. Transportation and Exchange The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, all children shall be secured in appropriate passenger restraints. 6. Support. As of the date Mother has primary custody of the child, until the child is eighteen, Father's liability for all child support to Mother shall cease. Mother shall not file for child support for the child. 7. Best Interest of the Child. The parties understand that in making an order for custody, the court shall consider the best interest of the child, which may include any PM DR factor which impacts the child's physical, psychological, intellectual, and emotional well- being. Such factors may include but are not limited to: the age of the child, the child's relationship with each parent, the preference of the child, (if old enough to express a meaningful preference), the duration, adequacy and stability of the child's current living arrangements, the motive of each parent, the child's school and community, the openness of each parent to allow and encourage frequent and continuing contact between the child and the other parent, including physical access, and the capacity of each parent to cooperate with each other and teachers or child care providers. The parties have considered all of the above factors, and have attempted to craft a custody agreement which provides for the best interest of the child or children. The parties understand that while this matter could be heard by the Court, they are not requesting a hearing or court intervention on this matter, at this time, as they have been able to reach an agreement beneficial to the child or children, and it is in the best interest of the child or children and the parties to resolve this matter without litigation and with minimal conflict. 8. Binding Effect and Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties. The parties shall request that this Agreement be incorporated into a Court Order without further hearing. The parties are free to modify the terms of this Agreement and Order verbally or in writing but in order to do so both parties must be in complete agreement to any different terms. That means both parties must consent on what the terms of the custody arrangement or schedule shall be. 9. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: Wit ss /?u`w? COMMONWEALTH OF PENMVSYLVANIA COUNTY OF CUMBERLAND Pam McConaha, Moth r ss On this, the day of , 2008, before me, the undersigned officer, personally appeared PAM McCONAHA, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My commission expires: SEAL WITNESSETH: i ness 6?4•,d.,. w ?.4r David Riley, F her STATE OF COUNTY OF On this, the day of J-"r 3 ZQ4,2411111111, before me, the undersigned officer, personally appeared DAVID RILEY known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My commission expires: SEAL n' N ti3 cfi, JAN 1 2 2009 4 PAM S. RILEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-816 CIVIL ACTION - LAW DAVID W. RILEY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 8th day of January, 2009, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, a - 9Vern?yEsq uir e, stody Conciliator 2:Ab 4 C- "^-- r '"C F&B n 2 2Q0'ch PAM S. RILEY, Plaintiff, V. DAVID W. RILEY, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07 - 816 CIVIL TERM IN CUSTODY ORDER AND NOW, this }h day of F'e. broo??r 2009, having reviewed the attached agreement between the parties dated the 3 c ? day of FAcoar) 2009, it is hereby ORDERED and DECREED as follows: 1. The parties shall have shared legal custody of their child, Austin McConaha, born July 28, 1995. 2. Mother, Pam McConaha, formerly known as Pam Riley, shall have primary physical custody of Austin McConaha. 3. The parties' agreement, dated January 3, 2009, shall be entered and incorporated into this Order of Court. By the Court: cc: z Jane Adams, Esquire, for mother / - David Riley, father Cl t es fr1b LU Q/441 yt 4vj\lhSNN3 ., vN 13 aS .? ?d +?- fl33 60t1Z