The URL can be used to link to this page

Home My WebLink About97-05932 ~ i ~ ~ ~ T n ~ n , II " I / f " " ~ ~ , - . .. .~ ~ ti III -... f.c) . to- ~ , IN THE COURT OF COMMON PLEAS M4x~Io<J>oI4'1o<v<l+I+W44<"'~Iooi>-!xM'W'l4><"'~ , OF CUMBERLAND COUNTY ~~ STATE OF I~I~~'" PENNA, AND NOW~ ) Donald R, Ripka Donald R, Ripka Plaintiff VERSUS Carol A. Ripka Defendant DECREED THAT AND Carol A, Ripka No, 97-5932 DECREE IN DIVORCE ~{(~)o~A ~ ,IT IS ORDERED AND , PLAINTIFF. , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; Any existing spousal support Order sha~1-Pereaf~~t-~~med an Order for alimony pendente llte lf any economic claims remain pending. f. J. ---C~ PROTHONOTARY t V}..w.~~~S-!"'I4'4,(!:-<!x!)I!)(!xt-i4x.:.t-~.- . .! .... .. ~"j,~ cV &/ 1'<9/)' ~;~ ~ ~ J::..IIIt f~'l-~ '?1nfu ,.n~ z 4 ~. f! . j " ~ ~ . . ') .. . ,--_.- , .,' '...' .' I . " ", '. . ' . . . . . ~ __ 'I 4' , _t-"t,. ., . ... /' .' .'. -, -( .., . - - -. .... -- - -' -" ,"I~ -, J~.-......'_...' ~.- -- =' _.'- IN THB COURT OP COMMON PLEAS OP CUMBBRLAND COUNTY, PBNNSYLVANIA Donald R, Ripka, Civil Action - Law k'd' q7 - 5"'132 CtM.! T~ No, F,R, 1997 - Plaintiff v, Carol A, Ripka, Defendant In Divorce a,v.m, TOI Carol A. Ripka 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 cass may proceed without you and a Decree of Divorce or Annulment may be entered against you by the Court, A judgment may also be entel:ed against you for any other claim or relief requested in these papers by the Plaintiff, You may lose money or property or other rights important to you, including custody or visitation of your children, When the ground for Divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, First Floor, 1 Courthouse Square, Carlisle, Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF paOPBRTY, LAWYBR'S PEES OR BXPBNSES BBFORB A DIVORCB OR ANNULMENT IS GRANTBD, YOU MAY LOSB 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 TELBPHONE THB OFFICB SBT FORTH BBLOW TO FIND OUT WHBRB YOU CAN GET LBGAL HBLP. Pennsylvania Bar Association Lawyer Referral Service Telephone: 1-800-692-7375 (PA only) or (717) 23B-6715 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990, For information about accessible facilities and reasonable accom- modations 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 the hearing, IN THB COURT OF CO~ON PLEAS OF CUMBBRLAND COUNTY, PBNNSYLVANIA Donald R, Ripka, civil Action - Law Plaintiff v, No. ~, 1997 _ 5'13) 1"~~..1 T JMv- Carol A, Ripka, Defendant In Divorce a,v,m. COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. The Plaintiff is Donald R, Ripka, a sui juris adult who cur- rently resides and has resided at 25 Firehouse Road, walnut Bottom, cumberland County, Pennsylvania 17266, since April 1995, 2, The Defendant is Carol A. Ripka, a sui juris adult who cur- rently resides and has resided at 25 Firehouse Road, Walnut Bottom, Cumberland County, Pennsylvania 17266, since April 1995, 3, Plaintiff haR been a bona fide resident in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint, 4 , Plaintiff and Defendant were married on January 11, 1975, in Pleasant Gap, Centre County, Pennsylvania, ~.~.....r.~ ........- ~~,..<'"- . i.: .... . ,# . ',', ~---"~~--', ~. , . , . ....... ~~ ""-'",," ~. - .~-~ ,. ~IJ~ . - r" . " .r. {;j '-J r >, :.1 ; (:1 } u - .... - -- ..... ..... i;l;:i!if ~.,- '""'--' . ...... / -, ',- . ..... t _ --. ...#r " . .- - ... J.:,e....,." , _..1.. ~- ~ .:.......",....-:~ ~........-t. - - -. --. - ~ ~. I \ . , , l' ~ -, ) . ' , . . -, I . IN THE COURT or COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA Donald R. Ripka, ci vil Act iOll - Law Plaintiff v. No. 97-5932 Civil Term Carol A. Ripka, Defendant In Divorce a.v.m. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) QE.I1lp 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. 1 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. ~4904, relating to unsworn falsification to authorities. Date: '3l.A.(t 1'), tVlfO ;sA €/j l, . '. .... ", __ . . "':"--4, . ... ~. ~ -. --.~.; . . r . - ..~ . ?- . ~. j .. ; ~ ;:.} -. l r__J " -- ..,. .1"'. ..... ,; " " ',1" ,', , r~. f,~ l " d; 4.'~ ',,~~ (,!;~:; :~::: ; " r. 1,.';'_._ . " .',.-.(" rr " 1- 0 :~". . ~ . ~.I't-I ....... "., filL; , (;:" l;~! . , - . {'J c-, F :.;:::' 'I.. ;; "_-t~. J:., ~j ;<J v, l.J .y " ~ '1 -, .... , I; .' STFI'IIF~ Il. Kl I L\ IIHIH'f'I I "1\ () 1:'1"1 ,}-....'O ~;IIX.1 \\alnn"..IV, r." ~'~ :-, . IN THE COURT or COMMON PLEAS OF CUMBERLAND COUNTY, PINNIlfLVAIUA Donald R. Ripka, civil Action - LlSw Plaintiff v. No. 97-5932 Civil Term Carol A. Ripka, Defendant In Divorce lS.v.m. Y.EBlEID1 TION OILSER.Y1('f: I, Stephen D. Kulla, Esquire, horeby cartlfy thlSt I served IS true and correct copy of Plaintlff'a Compltllnt Under Sectlon 3301(c) of the Divorce Code, fUed In thH Ilbove cllptlonml matter on October 27, 1997, upon the Defendant, Cnrol A. Ripka, by mailing same Certified Mail, Restricted DelivHry, Roturn RHcHipt Requested, to the Defendant at her last known IlCldroll!l of 25 ~'I rohouBo Road, walnut Bottom, Pennsylvania 17266. The Roturn Recolpt has been returned to me, purportedly bearing thH Blqnllturll of enrol A. Ripka and showing deli very of the Compl/tint 011 Novttfnher 6, 1997. The original Return Receipt is attached hurotn illllt I ncorporilted herein by reference. 1 verify that the BtatemantB mndH In this Vorlflcatlon are true and correct. I understand thilt fnltu! IItntemento herein are made subject to the penaltios of 10 Pa. C.B.A. S 4904, relating to unsworn falsificdtlon to authoritios, Date: November 10, 1997 u a, Esquire for Plaintiff P IfbJ. aOIf 395 US Poolal S8I\'Ica Receipt for Certified Mall No Insuranca Covarage Provided. 00 nol use 'or International Mail Sse revelS' A'ROL A RIPKA &~I~ehou5e Road P'W'altf'fd!/'t"&B'bt'i'om, PA 172 6 Pooiage $ C.t1ltledFH Sped. o.INeIy Foe i O~";"'I_I"'__o IlleowtlhlONCIlveIhe OCciqlloO. _I,... ond 4b. lolIowlng _ (lor 111 I -".. your IWnt Ind Idl;hH on..,........ oIlhiIlonn to.... we ~ f'IIOO\ltQ utra fH): -~- J aAllah Hllbnn 10 the Inn 01 the nWIp6ece, Of on the bIdl H ~ doN not 1. [J "9d,....... Addr'.- .=:.-___.00.............-1>1"""'...-. 2. Q1l_edDellvely , aThl ReI,," RtoIIpI.... llhow 10 wtlom !hit artide... dehWId and the dill I . _ ConIuI1 poI_r lor 1M, I ' Ar1Icle AddrHHd to: 4ao MIcIo Number , 461 804 395 I lIS CAROL A RUM. ~. SaNtee Type ./ 25 'IRBB0081l ROAD 0 Roglotorod B"Cet1IIed WALHIlT BOTTON 'A ":17266 0 Exp",u MaJI 0 lnoured f o Rotum RoooIpC lor Mon:IIoncho 0 COD RESTRICTED DELIVER .11, ,'leA 8, Received By: (Print Name) .. I I 1~.918.01T9 , ,. : ..; -. ~~ ;''j s- .1 1'2 1m JIl- . :> " .) .. ~ N ~ "- ... .. ~ ),..< ~Q - ~__, l : ;, - ' \"'-'" (' ~. -. ~. ~r- ...:: , ,. , .~ .- f.,t <::> ) -, N . f. ~ ~~'l :-.. :.,.... , ~jtU F' CJ ~c... .. :z: t5 r- :5 l:1' U . . SALLY J. WINDER Allornty al Law 101 E. Kina SUetl Shippen,bur.. PA 17257 I r;u:f}-tJ:;::':E C- T' . "07' - i.]iXi'{ ;H::-~ 30 10:: S: 17 C;~,:.;:_',..I'. ,. .,~' ...:-17Y i<:t<,~J-',L''::'":'.',, DONAL.D R. RIPKA. IN THE COlIRT 01" COMMON PL.EAS OF CUMBERLAND COUNTY. PENNSYLVANIA Plaintiff n CIVIL. ACTION. LAW NUMBER: '11- ~932 CIVIL. TERM CAROL A. RIPKA. IN DIVORCE Derendant PETITION FOR A WARD OF' ALIMONY PENDENTE L.ITE TO THE HONORABLE. THE JUDGES OF SAID COURT: COMES NOW, the Defendant, CAROL. A. RIPKA, by and through her counsel, S.uy J. Winder. Esquire, and respectfully represents as follows \, PlaintilTis DONAL.D R. RIPKA, residing at 25 Firehouse Road, Walnut BOllom, Cumberland County, Pennsylvania 17266, 2 Defendant is CAROL A. RIPKA, currently residing at 307 Farmington Drive, Shippensburg. Cumberland County, Pennsylvania, 17257. 3. PlaintilT and Defendant are husband and wife, having been married on 1anuary II, \975, PlaintilTfiled a Complaint in Divorce on October 27, 1997. 4 Defendant lacks sufficient means of support at present to fully provide for her reasonable means in that under the circumstances Defendant has needed to vacate the maritiI'.' residence at 25 Firehouse Road, Walnut BOllom, Cumberland County, Pennsylvaniao S Defendant requires reasonable support to adequately maintain herselfin accordance with the standard ofliving established during the marriage. 6. Defendant requests an award of Alimony Pendente Lite 70 Plaintiff IS financially able to provide for the reasonable means of Defendant. WHEREFORE, Defendant prays your Honorable Court enter an award of Alimony Pendente Lite in favor of Defendant and against Plaintiff and schedule a hearing for the entry of such an award with the Domestic Relations Office. Respectfully submitted, Date:~o ...... -'.. SaUy J. Attorney or Defendant, CAROL A. RIPKA 701 Ealt King Street Shippenlburg PA 17257 (717) 532 - 9476 VERIFICATION I veritY thatlhe statemenls made in this Petition are true and correct to the best of my personal knowledge and belief I understand that false statements herein are made subject to Ihe penalties of 18 Pa C S Section 4904. relating to unsworn falsification to authorities D." //N./'/-f7 a~ /!._~Ah, AROL A. RIPKA ~ - MICHAEL J. HANFT Arn*NEV Ii". CutJN\U10M Ar lAW 19 aa.oc'ikWOOll AV1NLJE SUITf lOb C.U,lUU, PA 17013'9142 717.l.'UJ7J fAX 1I7.l.9.0"H MJUIKljIfPlX,Nlf ~~ IN TIlE COURT 01' l UM!\i1UN I'Ll:/':') (Jr CUMBERLAND COUNTY, PENNSYLVANIA DONALD R. RIPKA, PlaintilT CIVIL ACTION. LA W v. CAROL A. RIPKA, Defendant NOo 97.5932 Civil Tenn PRAECIPE FOR WITHDRAWAL OF APPEARANCE To Prothonotary: Please withdraw my app.:aranee on behalf of the Defendant, Carol A, Ripka, in the above. captioned matter. Date: ,Ill / dV ( r ~..J()J:vlJ, Sally J. nder, Esquire 701 East ing Street Shippensburg, PA 17257 (717) 532.9476 PRAECIPE FOR ENTRY OF APPEARANCE To Prothonotary: Please enter my appearance on behalf of the Defendant, Carol A. Ripka, in the above. captioned matter. Date: (...... (U - Of) ~!{J ic ael J. Han Esqu Attorney ID No, 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 "I.:_''''''_~~I'''''I"._.alI .. . . >- o. ,,~ (:; ..... r.r. , ~.~! S1 .~ I , ;]~ ' , 1.: .,- '- , ; . i.:,; ; , ..:', '..0 '~)2 ."En '" .1,,-: :;,;;; :,.;::" ::..:- . "Il.1J , .ru::.. (..) I > , , c:, ,.:l 0 u , , DR _,n.,!?~ Pa,sesll 4211O()015 J.:t\ROL A RIPKA. DEFENDANT/PETITIONER IN HIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL ACTION. LAW ,QONALD R, RIPKA, PLAINTIFF/RESPONDENT NO, (J7.j9J;!. CIVIL TERM ORUt:R OF COllRT AND NOW. this 211th day of January, I (J911, based upon the Court's determination that Pctitioner's monthly nct inwlllc is $J1illLl? pcr month and Rcspondcnt's monthly nct inwme is $ .lAD 113 pCI' mOl1lh, it is hcrcby Ordcrcd that thc Rcspundcnt pay tuthe Domestic Relations Section, Court otTommon Pleas, $.LJ!(JILmL a mlll1lh payable $ 1.00() 00 per month as alimony pendente lite, ellective 11120/97. Arrears set al $J!Q<.L as of J!U27/'J1L shall bc payable at $ N/A , Payment due on or belore the 25thJ\;lS.\lfPr!<lr mO!llh Failure to make each paymcnt ontimc and inlilll will cause all arrears to become subject to immediate collection by all of thc means as provided by 23 PaC S ~ 3703 Further, if the Court tinds, aner hearing, tbMtbe Respondent has willltllly tailcd to comply with this Order, it may declare the Respondel1l in civil contcmpt of Court and its dis"ction make an appropriatc Order, including. but not limited to, commitment of thc Rcspllndclllto prison tlll' a pcriod not to ex,ccd six months. Paymel1ls must be made by ,ash, c11c,k or moncy order. Cash paymcnts must be made in person, All checks and moncy ordels must bc madc payable to Domcstic Relations Section and delivcred or mailed to Domestic Rclations Sc,tion, 13 North Hanovcr Slrect, POBox 320, Carlisle. Pennsylvania, 17013, Ea,h paymcntmust bcar your Domcstic Relations numbcr (DR 27,InJ in ordcr to be pn"esscd. Respondent is responsible tor service fees of 2fl,OO to bc paid within N/A as determined by the Domestic Relations Section, rhis ()rd~r shall beC\lm~ linallen days all~r Ihe mailing uflhe nut ice of the elllry oflhe ()rd~r 10 Ihe parties unless eilh~r party liles a \Hill~n dellland y,ilh the Prolhonulary ti.r a hearing de novo bell,r.: Ihe Cnurt Copies delivered III parties un Consented I ,0 ?S Plailllillll'etitiuner Plaintill7Petitioner" s Allorney Defendant/Respondent Defendalll/Respondent's Allorney DRO RJ Shadday . cc petitiuner and derenda3t cc Sally J Winder, Esq ~ N.tu cc Stephen D Kulla. EStI ;l\~\<!R BY TIlE COU~RT -- 'd!-~ ,a f""'''''' ?t!. J , . .. .. . ,. ; . n , . .. .',1 1"- I \ r oJ l w.- .- , . ; (.: , " Cl \'.i /I , " . . ., .... . "ilt '. .. ',1 , I" l i " I: 1-,1 r \ .'~ \ "" 1\11' 1" oj,: ill ....I!~ ',l I""". ,I I 'I ! '.; I "I., I', I ., . . " . . " . COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ====================1 DONALD Ro RIPKA, Plainlirf', Ch'i1 Action - Law - against - No, 97-5932 CAROL A, RIPKA. ORDER FOR THE DIVISION OF MILITARY RETIRED PAY Defendant. ====================1 AND NOW, this \ 6 ~ay of _~) fl v ~ _10(' r , 2ooD, based upon the terms of a final Decree in Divorce in the within action that an Order for the Division of Military Retirement Pay is to be entered in this action regarding the division of Donald R. Ripka's disposable military retired pay benefits. The Member's disposable military retired pay is marital property available for equitable distribution, This Order for the Division of Disposable Military Retired Pay has been made pursuant to the domestic relations laws of the Commonwealth of Pennsylvania, governing the division of marital property between spouses, 23 Pa. C.S, ~ 1l01.~. This Order forthe Division of Disposable Military Retired Pay shall be construed and interpreted according to the laws of the Commonwealth of Pennsylvania governing the division of marital property between spouses, This Decree in Divorce has not been amended, superseded, or set aside, A certified copy of the final Decree in Divorce is enclosed. This Order for the Division of Military Retired Pay certifies that the rights of the Member under the Soldiers' and Sailors' Civil Relief Act of 1940 were observed, I. Definitions: RII'~A )lolU IIHIJl MILlT AH Y - V_I 0 10/.1/011 0 SM,\ I I , i' ,.} J' '., ,,>,. \...'."... ,. "\'.""""J, ::.'.. ',,'J! L',. 'J ~'_"\ ,~ \. 'J"iny 0' . . 'I. , . Ao The party whose lIe:netils are III lie: divided in Ihis mailer is a member of the Armed Forces of the United States. The identifying data is as follows: Member's full name: Donald R, Ripka Social Security Number: 211-42-8964 Branch of Service: Date of Birth: Last Known Address: United States Army July 24, 1952 196 Echo Drive, Chambersburg, PA 17201 B, The identifying data regarding the former spouse is as follows: Former Spouse's full name: Carol A. Ripka Social Security Number: 192-44-6302 Date of Birth: March II, 1948 Last Known Address: 25 Firehouse Road, Walnut BOllom. PA 17266 The above addresses may be changed, from time to time, by wrillen notices given to the appropriate military authorities and to the other party. However, this provision shall not be interpreted to permit any individual other than the Former Spouse to receive distributions pursuant to this Order for the Division of Military Retired Pay. 2. Dates of Marrialle and Divorce, The parties were married on January i 1. 1975 and divorced by a court of competent jurisdiction in the Commonwealth of Pennsylvania, on September 5, 2000, in compliance with the laws of the Commonwealth of Pennsylvania. 3. Jurisdiction. This court has personal jurisdiction over both panies to this action and jurisdiction over the subject mailer of this Order for the Division of Military Retired Pay in this marriage dissolution aCliono This coun retains such jurisdiclion. The court has RIPKA}>. Hie nHFIJ MIIIHH Y . VII. IIW)i1m. SSI-\ 2 jurisdiction over lhe Memher hy reason of the Memher's resid,ncy. When lhe court order regarding lhis mailer was issued, the Member was represented in court by compclentlegal counsel. This Order for the Division of Mililary Retired Pay shall he suhmiued to the appropriate military authorities for implementation. In the event that this Order for the Division of Military Retired Pay is deemed not acceptable in its present form, the parties shall take promptly whatever steps may he necessary to conform same, and the parties shall cooperate with each other and execute promptly any and all further documents which may be necessary to amend this Ordt~r for the Division of Military Retired Pay so the provisions and intent of the said Decree in Divorce between the parties are carried out and enforced. This Order for the Division of Mililary Retired Pay cannot be modified subsequent to acceptance regardless of any change in any of the circumstances of either of the parties. 4. Time Married and Memher of the l\liIitarv. The parties were married to each other for at least ten years during which the Member performed at least ten years of creditable military service. 5. Allocation of DispOsahle l\Ii11tllrv Retired Pnv. The Decree in Divorce provides for the division of the Member's retired pay as property. The court has made a finding that the Former Spouse is entitled \0 a portion of the disposable retired pay of the Member. Payments to the Formtr Spouse are to begin as soon as administratively practicable subsequent to the date Order for the Division of Military Retired Pay is accepted since the Member is retired and collecting retired pay. The interest of the Former Spouse may not exceed 50% of the disposable retired pay ! I i t , f: ,- payable to the Member, The property interest of the Former Spouse in the Member's HIl'KAJ" HHIHEl! MIUT,\RY. \'#1 . Ill/J.I~I. SMA 3 - disposable military rei ired pay is a monthly benefit equalw 38 % of the actual disposable military retired pay at the time of retirement. The monthly interest of the Former Spouse shall be paid directly III such Former Spouse. The Former Spouse agrees that any fUlUre overpayments to such Former Spouse are recoverable and subject to involuntary collection from the Former Spouse or the Former Spouse's estate. 6. Survivor Benefits, This Order for the Division of Military Retired Pay does not provide for survivor benefits for the Former Spouse. 7. Rel!ardlnl! Any Post-retirement COLA. The Former Spouse shall proportionately share in any post-retirement Cost of Living Adjustments. 8. Taxation ofDlstrihutlons to the Former Spouse. For purposes of Internal Revenue Code ~ 402{a), ~ 402(e)(l)(A) and Internal Revenue Code ~ 72, the Former Spouse shall be treated as the distributee of any distribution or payment made to said Former Spouse pursuant to this Order for the Division of Military Retired Pay. The determination of the Former Spouse's "investment in the contract" if any shall be determined pursuant to Internal Revenue Code Section ~ 72(m)( 10). 9, Al!reement On the Part of the Member. This voluntary agreement on the part of the Member was made pursuant to a wrinen agreement entered into by the Member as incident to a proceeding of divorce and has been incorporated into the Decree in Divorce. 10. Al!reement On the Part of the Former SDollse. The Former Spouse agrees to sign, execute or otherwise cooperate to implement the provisions of the Judgment and this Order HII'K^_[). HETIHED MllITAHY. VOl .IlW)iOO. s~", 4 for the Division of Military Retired Pay, o t~ {(}aJJ JI-J?()O ~ ~ J. RIPKA_O, RHIRI'OMILlTARY - VOl -1013/00- SMA s IN THB COURT OP COMMON PLEAS or CUMBERLAND COUNTY, PBNNSYLVANIA Donald R, Ripka, civil Action - Law Plaintiff v, No. 97-5932 Civil Term Carol A. Ripka, Defendant In Divorce a.v,m. QRDER NOW, comes the Petitioner, Donald R. Ripka, represented by Stephen D, Kulla, Esquire and, Carol A, Ripka, represented by Michael Hanft, Esquire. 1. The parties to this action entered into a Property and Separation Agreement, a copy of which is attached hereto which sets forth in paragraph number 3.4(a) the fact that a Qualified Domestic Relations Order would be prepared which would grant to wife the property interest in Husband's disposable military retired pay to such an extent that the monthly benefit is equal to thirty-eight (38%) percent of the actual, disposable military retired pay at the time of retirement, 2. The parties to this action were married on January 11, 1975, and divorced on September 5, 2000. 3. The parties have had prepared a Qualified Domestic Relations Order which is at tached hereto. Both part ies to this Agreement have reviewed this Order and request that this Honorable Court enter this Order as a legal and binding document. WHEREFORE, the parties request that this Honorable Court enter the attached Order. Respectfully submitted, By: SJ .1)~ Stephen D. Kulla, Esquire Attorney for Plaintiff Mlchael Hanft, Esqui Attorney for Defendant ~ ;O~R~, Donald R, Ripka, lainflff cL J. Carol A, ~; , Defendant U-~ ~ I verify that the statements made in this Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S,A. S4904, relating to unsworn falsification to authorities. /)-1J;~ L .f,Z/~ Donald R. Ripka / Date: ,ill-Jo() ~ I verify that the statements made in this Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904, relating to unsworn falsification to authorities. Date: ~O I 017 J (JO . C~.! ~~ '\l:_fOWcf\f....OOll;IIC......&.:Ol>>rI...u.IP't"...... Seoaration and Propertv Settlement AjVeement THIS AGREEMENT, made this ~1('3.ay of July. 2000. by and between DONALD R. RIPKA ofChambersbufg. Franklin County. Pennsylvania. party of the first part, hereinafter referred to as "Husband" and CAROL A. RIPKA of Walnut Bollom. Cumberland County, Pennsylvania, party of the second part, hereafter referred to as "Wife." WITNESSETH: WHEREAS. husband and wife were married 011 January II, 1975, in Pleasant Gap, Centre County, PeMSylvania; and WHEREAS, husband and wife have been living separate and apart from each other since October 15. 1997; WHEREAS. husband and wife are residents ofthe Commonwealth of Pennsylvania and have been so for at least the past six (6) months; and WHEREAS, certain diverse. unhappy differences have arisen between the parties hereto which have made them desirous of continuing to living separate and apart from one another; and WHEREAS, husband and wife desire to sellle and detennine certain of their marital rights and obligations, and make an equitable distribution of their marital property; WHEREAS, it is the intention 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 and to settle all fmaneial and property rights between them; and D~ CA~/Il. WHEREAS. the parties hereto have mutually entered inlo agreement for Ihe division of their jointly own~d ass~ts, the provisions for the liabilities they owe. and provisions for Ihe resolution of their mUlual differences, an~r full disclosure of assets by both parties and after both have had full and ample opportunity 10 consult with their r~spective attomeys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind heirs. successors, assigns, and personal r~presefllatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 It shall be lawful for husband and wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall deem fit free from any control, restrain, orinterference, direcl or indirect, by each other. Neither party shall molest the other or compel or 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 hu.;band or wife of the lawfulness of the causes leading to th~m living separate and apart. D~ CAR(!At 2 ARTICLE II DIVORCE 2.\ This Agre~m~ntis not predicat~d on divorc~o It is specifically understood and ugre~d by and betw~en th~ parties hereto and to each of the said parties does hereby WllJTWlt and represent to the other that the execution and delivery of this Agreement is not predicatcd upon nor made subject to any agre.:ment for institution. prosecution. defense. or for the non-prosecution or non-defense of any action for divorce; provided. however. that nothing contained in this Agreement shall prevent or preclude eitherofthe parties hereto from commencing. instituting or prosecuting any action or action for divorce. either absolute or othe......ise. uponjust.\egal and proper grounds; nor to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or for making any just or proper defense thereto. It is warranted, covenanted. and represented by husband and wife. each to the other, that this Agreement is lawful and enforceable and this warranty. covenant. and representation i5 made for the specific purpose of inducing husband and wife to execute this Agreement. Husband and wife each knowingly and understandingly hereby waive any and all possible claims of this Agreement is, for any reason. illegal. or for any reason whatsoever of public policy, unenforceable in whole ur in part. Husband and wife do each hereby warrant, covenant and agree that, in any possible event he an she are and ever shall be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. DRJ{1f/J!t CAIf3'Jt 3 2.2 It is furth~r specifically understood and agr~~d that the provision oflhis Agreemenl relating to the equitable distribution ofproperty oflhe purties are ac.:cepted by each purty as a final settlement of for all purposes whatsoever. Should either of the purties obtain a decree. judgment or order of separation or divorce in any oilier state, county, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be effected in any way by any such separdtion or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any ternl of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decreo:,judgment or order of divorce or separationo 2.3 It is specifically agreed that II copy of this Agreement may be incorporated by reference into any divorce judgment or decree if or whenever sought by any of the parties hereto. It is understood by the parties that a divorce complaint has been filed in the Court of Common Pleas of Cumberland County at docket number 97-5932, Such incorporation, however, shall not be regarded a merger, it being the intent of the parties to pcmit Agreement to survive any such agreements. DRRI2!lfl CA~ 4 ARTICL.E III EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 301 The parties have attempted to divide their marital propt:rty in a manner which conforms to the criteria set forth in Section 3502 oflhe Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vor.ational skills, employability, estate, liabilities, and need for each of the parties; the contribution of one party to the education, training or increased earnins power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both partics. including, but not limited to medical, retirement, insurance or other bencfits; thc contribution of dissipation of each party in the acquisition, preservation, dcpreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to cach party; the standard of living of the parties estahlished during their marriage. 3.2 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 elTected without the introduction of outside funds or other property not conslituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties, Druif)fl{i CARUI!1.. 5 ao The parties hereby agree that any lransfers of propo:rty pursuant to the tenns of this Agreement shall be within the scop.: of the Deficit Reduction Act of 1984, or other similar tax acts (hereinafter "Act"). The parties a~ree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement, without recognition of gain on such transfers and subject to the carry-over basis provisions of said Act. 3.3 The parties shall retain sole and exclusive right, title and possession of all personal property currently in their possession, Except as provide for herein, HusbWld shall make no claim whatsoever for any personal property in wife's possession, Additionally, except as provided for herein, Wife shall make no claim whatsoever for Wly personal propo:rty in Husband's possession. Should it be necessary for either party to execute any documents to convey title to any such personal property in the other party's possession, they shall do so within thirty (30) days of the execution of this Agreement or within thirty (30) days of the request from the opposing party, 14 Except as provided herein, Wife waives Wly right or interest she may have in Husband's employment benefits, including any retirement plan, 401 (k) plan investment, stock option purchase plan, profit sharing plan or related mailers, Except as provided herein, HusbWld waives any right or interest he may have in Wife's employment benefits, including any pension benefits, retirement plan, stock option purchase plan, profit sharing plan or related matters, DRRl!t:t.- CA~ 6 a. Husband has a pension ",ith the United Slates Army. which began on or about <ktober. 1993, Husband and Wife hav.: agr.:ed that Wife will receive 38% of this monthly pension from July 1.2000 throughout Husband's lifetime. Both parties agree that this is a fair and iKcurate division of Husband's pension as provided for in Section 3502 of the Pennsylvania Domestic Relalions Codeo Husband agrees to comj'Jlete the appropriate forms to provide for the above as well as to allow Wife to receive her monthly payment directly from the United Stales Government. Said monlhly payment to Wife shall be confirmed in a Qualified Domestic Relations Order ("QDRO") and both parties agree to execute same as soon as possibleo 3.5 Husband and Wife agrce to waive and relinquish any and all right that he or she may now have or hereaft.:r acquire in any real or tangible persona! property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. ARTICLE IV RELEASE OF SUPPORT FOR HUSBAND AND WIFE 4,1 Except as provided herein. the parties herein acknowledge that by this Agreement they have re~pectively secured and mainlained II substantial and adequate fund with which to provide themselves sufficient resources to provide for their comfort. maintenance. and support in the station of life in which they are accustomed, Except as provided herein, Husband and Wife do hereby D~ CAR.cM.. 7 waive, release and give up any righls they may respectivdy have against thc olher for alimony, support. or maintenaneco a. Husbandallfl:esto pay WifeOne ThoUSWld ($ 1.000.00) Dollars per month in alimony pendente lite or spousal support until Wife actually begins receiving payments pUl'5uantto Paragraph 3.4(a) above. At lhat time. the alimony pendente lite or spousal support obligation shall cease and tenninate and any current obligation under the support action filed lit docket number 97.5932. PACSES Case No, 421100015 shalltenninate. with any arrearage being paid in full nt that time. 4.2 Except as provided above, Husband and Wife specifically waive, lelease and give up any rights for alimony lhatthey may be entitled to pursuant to Chapter 37 of the PeMSylvania Domestic Relations Code, ARTICLE V DEBTS Of THE PARTIES 5.1 Each party represents to the other that except as otherwise specifically set forth herein, there are no major outstanding obligations of the parties. that since the separation neither party has contracted for any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. In the event either party contracted for or incurred any debts since the date of sepa/ation, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in D~. CAR~ 8 which the aCcowlt may have becn charged. Ilushimd and Wife acknowledge and agree that they have no outstanding debts or obligations of the lIusband and Wife incurred prior to the signing of this Agreemento It is specifically agreed between the parties that Husband shall be solely responsible for any marilal debt owed to F & M Trust, which debt has current balance ofapproximately $7,05 1.00, Said debt shall become the sole and exclusive obligation ofHusband, who shall indemnify and hold Wife harmless from same, 5,2 Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in the possession of the other party, Within thirty (30) days of the date of execution of this document, each party shall execute the necessary documents to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation, It is the intent of the parties that the Ford Econo Van and a Toyota pick-up truck shall become the exclusive property of Husband. II is the parties intent that the Dodge Spirit, which is not marital property shall become the exclusive property of Wife. Each party shall release and indemnify the other from any liability arising out oflhe ownership oflhe vehicleso It is specifically agreed between the parties that if they haven't already done so, the parties will procure their own automobile insurance. It is specifically agreed that Wife will not reimburse Husband for any costs associated with automobile insurance in effect prior to the date of this Agreement. DRR/2fl!!... cAPlJ1R.. 9 5.3 Cont~mporan~ously with th.: cx~cution of this Agre~m~nt, Husband shall transf.:r to Wif.: any and all of Husband's right, titl~ and int~r.:sl in and 10 that parcel of r~al estate localed al 25 fir~house Road, Walnut Bonom, Cwnberland County, P.:nnsylvania. heretufore owned by the parties as lenanls by the enlireties. Said transf~r is subj~cI to thos~ liens, judgments or mortgages of record as of the date of conveyance, all of which shall Ihereaft.:r become the sol.: and exclusive obligation of Wif~, who shall ind~mnify and hold Husband hannless from sam~. Wife shall either refinance or sell said property within on~ y~ar of the date of this Agr..:ement so that Husband's nam.: is r~mov.:d from th.: eurr.:nl Mortgag.: and Not.: s~cur~d by said Property. If Wife has nol refinanced Ihe property as rcf.:renced herein, the property is to be Ii~ted for sal.: with a Re:lltor of Wife's choosing y,;thin Franklin or Cumberland Counlies and sold for any figure that is within ninety (90"10) percent of the listing price. The listing price shall be delermined by a wrinen market analysis from said Realtor or by the Parties securing an :lppraisal of the property from a stale c.:rtified appraiser. If an appraisal is requested by either party, the party requesting the appraisal shall be solely responsible for the costs of the appraisal. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 The Parties hereto have retained independent legal counsel. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel or the parties have waived their right to have legal advice regarding the meaning and implication of DRR~ CAR&- 10 this A~reemenl. The parties aekno....ledge and acceplthal this Agreement is. in the cifl.:urnslanees. fair and equilable, that it is being enlered inlo freely and voluntarily, after havin~ received such advke and with such knowled~e thaI el(ecution of this Agreement is not the result of any duress or undue influeJK:c and that it is not the result of any collusion or improper or illegal agreement or a~reements. It is specifically agreed that Husband shall bear all costs for preparing this Agreemenl, provided that said cost shall not exceed $300000 and Husband is provided with a detailed invoice outlining costs incurred in preparing swne. It is specifically agreed that Wife's counsel has prepared this Agreement and lhat Husband's payment for the preparation in no way creates an attorney client relationship bctween Husband and Wife's counsel. 6.2 Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of the other, for 1111 times to come and for all purposes whatsoever, of and from any and all legal right, title and interest, or claims in or against the property of the other or against the estate of the other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may havc against such other, the estate of such other, or any part thereof, whether arising out of any fanner IIcts, contracts, engagements, or liabilities of such other as by WilY of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family el(emplion, or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights ofa surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth, or territory ofthc United States, or(c)any other country, D~ CAR~ II or aoy rights which eithcr party may ha, c ur at any timc hereafter ha\c fur p"-'l. prescot, ur future support or maintenance, alimony. alim.my pendent.: lite. sourcc fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire. except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agteement or for the breach of any thereof, 6.3 Each party represents that since separation, they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and nil such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts. charges, and liabilities incurred by the other after the execution date of this Agret'ment, except as is otherwise specifically provided herein. D~ CAR~ 12 6.4 No waiver or modificalion of any of the teons of this Agreement shall be valid unless in wriling 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, 6.5 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the dat(i of execution of this Agreement. 6.6 This Agreement shall be binding and shall inure to the benefit of the parties herc:lo and their respective heirs, executors, administmtors, successors and assigns. 6.7 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or wamnties other than those expressly set forth herein. 6.8 If any teon, condition, clause, section, or provision of this Agreement shall be detennined or declared to be void or invalid in law or otherwise, then only that teon, condition, clause, or provision shall be stricken from this Agreement, and in all olher respects, this Agreement shall be oRPd/1. CAROtt 13 valid and continue in fullliJrce, erfect, and opcrationo Likewise, the failure of any party 10 meet his or her obligation under anyone or more of the anicles and sections herein shall in no way void or alter the remaining obligations of the parties, 6.9 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of propcny, both real and personal, which wns legally and beneficially acquired by Husband and Wife, or either of them, during the marriage os contemplated by the Domestic Relations Code of the Commonwealth of Pennsylvania, 6.10 The pnrties warrant and represent that they have made full disclosure of nil assets prior to the execution of this Agreement. 6.11 In the event either pnrty to this Agreement shall breach any tenn, covenant or other obligation herein, the non-breaching puny shall be entitled, in addition to all other remedies available at law or in equity, to recover from the breaching pnrty all costs which the non-breaching party may incur, including but not limited to filing fees and allomey's fees, in any action or proceeding to enforce the tenns of this Agreement. DRRIl!!:IL CARCA& 14 Apr-04-01 10125 FrAn. ReAl EstAte .... " ~l IMl Uc:,'O rn l.UOll "II UKV MH-Ull-VI Inu II( 'VI rn 1M.. ~.. .._ 71725415185 tAX 00. 717 i?40 6248 P.02 p, 01 be.. ,; -1/ 7J.. Nvo SQ3.< C V '17 HlJll 2ao~ 1 t:tlIWIQLAND COUNTY DOMlSnc ULATIONS llIlit or ^,,\ic8liOll: ~.L..Wl JLt4uC', fir S.ppel1 ~ herd! \IIal\le:_--!!p~o _ 000114 R, (\.Ml) (I...) (MI) AddlCU: U6 leba Ilrl"., Cll."Unburll. FA 17201 SocII! SOCIII,It,NlIIlIbcr._Hl-42-8964 D.O.'o' 7-2~-H DoaIutio It&IIdoq c- Nuall,. ir~: 4211000lS P"'~lICIIi",ld.lIlulo': 101110 Hull af .....nkHn Rul Enlto SentcII lPMr 11_ 01 ,liia ,roo..) (717) 264-'290 1035 W.yne Avenu., Chaab.r,burR. PA 17201 (T...... Nt......) (Moftu) (717) 264-\985 (~III11>1w) 15'-> ~ TwnlJ 0.....0 (DU') '" II 0.. per Stdellccllrlty 1"I..Mr MlIke dIadl.o, ....., .....r p",.lIlt It: 'D"~ s.aa - ....L-- IN'ITLU. IUQUEST _ Has No Rc~Otd 1ft Domestic Relations IS of: (th/I) Support ArreatJ As ofllnd ofMomh Prior 10 Date of Appllealion: S 0.00 Monthly Total Support Obligation; S 1000. 00 / n'l oa1;h - . The Amounl shown aOllv. i. refl<<ted In Ibe l))mutie R.latiOlU Section OftlecofClllnbtrlaad County, P'IIIII)'lvlI1ll. f't\t.01 bu :It. ~5llll 000 J(o DoIIIeslle JlelationsCalCNumber: Pars 4.5;fF ~.;ll' 000 I :?._ $- 1-'- - 0 I (0.) BiUNG.IIC)WN REQ\l~T SuppOt1 Arran: S"';'ooo . 0 (J A$ or: ~ L/ - 0 I ,1-y]., ~ (l)oIo) SIIIlI'II: .OUflH /1/0 . -l,(L __ 1./-4-1) I O(llIMw'AuI_ c-.l......) (DaM) ."Lien Satisfied Re<<lpl Available Upon Request". -n f1'000 / I ~ < .J-I)" C hare,,1 t.. ,fJr 'nL '0< .00 fill ~(c -> Ilk. 0 thL. month of Apr' j J . . ~ r- . - , v: , "",: I .. ..._~ :--:.! i} ,') 0 , , , : i {LJ .. - , "- '":..~ ':'j , :.1 \J IN niE COURT OF COMMON PLEAS OF niE.~I'JUOICIAL OISTRICT OF PENNSYL.VANIA Cumh. r lan~ COUNTY BRANCH Carol A, Ripka SSN Civil ACllon . Law . Plalntllf va. Support No. ORS, 1997 CV PACSES 421100015 5932 Donald R. Ripka SSN , Defendant STIPULATION AND AGREEMENT TO TERMINATE SUPPORT OReER NOW, ,t is agreed by and between Donald R, RIpka January 27, 1998 Carol A. Rioka Oetendanl. wher8ln Ihe said Oetendanl was directed to Plaindff and above entJded case and THAT an Crder ot Court was entered on ~ 1. 000.00 per rU.J1lth !or::Oe support at his w if" pay tile sum ot and Itis now agreed by and between Carol A, Ripka ,Plaintiff.and Donald R. Ripka Oetendanl.tIlanheOrderotCourtemeredon -'annarv 27, 1998 belerminatedetlec:lveFehruarv IS. 2001 for tile reason thaI the parties' canvenant of said termbatlon is a private Property and o SeDaration A~reement. vnTN"S~ ~;~t ~A~ oa ~ 0 OATE: ORDER OF COURT NOW. this 5th ,tly o)f April, 2001 . the within Sdpuladon and Agreement i. hlreby approved, and the Order at Court entered in the above maller on hM,o"'r?7 IQQR Is llrminattd .l!ectJvl F<,hnl.'ry 15. 2001 \:_-:0 0_-:;""'" ~D ~.j',.L~.r.t..11il.:. _/-(..CI :J .JIJlXOE xc: Plalntlff DefenlMt Sally WlnJer, EsqUire StepIEn Kulla, Esq11ire J. ey Oler, Jr. 01.. " r-. - !!"; s: :",~ l - .l -,"j. , :~ . :-J ! ;.- " , !.) , 1 , , .. . .. "if a . "1... - '::i ':.:> P"- ~. LIEN SATISFACTION Pacsesl# ~ No. 5931 CV 1997 DRI# m Name: ~ Social Security Number: ~'1-42-8964 Judgment Lien Satisfied as of: April 5.1001 Amount Paid: $ Case Closed Signed: t/1.i Jh, 1) I-M_ (Lien Coordinator) .5-/1-01 (Date) .... . iJ.'''~, p . lOt ~ ...~ 'Z .-- o 0 , 0 LIEN SATISf'ACTION PacsesN ~11'QOOI5 No.~ DRN.lll1l. Name: Donald Ripka Social SecurIty Number: 111-41-8964 Judgment Lien Satisfied as of: 4/5/01 Amount Paid: $~ Signed: ~L~ lh. A~/L <<Lien Coordlnalor) 7-1.2 - 01 (Dale) ~