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HomeMy WebLinkAbout07-7047r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA W. RILEY, Plaintiff ) V. ) NO. 2007- 7OV 7 CIVIL TERM W. MICHAEL RILEY, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA W. RILEY, Plaintiff V. W. MICHAEL RILEY, Defendant NO. 2007- ;7,#V *7 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes Plaintiff, Patricia W. Riley, by and through her counsel, Howett, Kissinger & Holst, P.C., who states the following in support of the within Complaint: 1. Plaintiff is Patricia W. Riley, an adult individual who currently resides at 429 15' Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. Defendant is W. Michael Riley, an adult individual who currently resides at 104 South Carlisle Street, P.O. Box 1, New Bloomfield, Perry County, Pennsylvania, 17068- 001. 3. Both the Plaintiff and the Defendant have been bona fide residents in the Commonwealth of Pennsylvania for a period of at least six (6) months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant were married on July 29, 1989, in Hightstown, New Jersey. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Servicemembers Civil Relief Act. 6. There have been no prior actions for divorce or annulment of the marriage instituted by either of the parties in this or any other jurisdiction. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The parties have lived separate and apart since on or about November 1, 2006. COUNT I - DIVORCE PURSUANT TO §3301(c or (d) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to §3301 of the Divorce Code. Date: 41- 44 7 Respectfully submitted, Donald T. Kissinger, Esqu e HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Patricia W. Riley VERIFICATION I, Patricia W. Riley, hereby swear and affirm that the facts contained in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: j 1 ? Pat is W. Riley ? b ??, Ttl ?? e'.J fV w?? No KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(a?kopelaw com PATRICIA W. RILEY, Plaintiff, vs. W. MICHAEL RILEY, Defendant. Attorney for Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : NO. 2007-7047 : CIVIL ACTION - LAW : IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of W. Michael Riley, Defendant. Papers may be served at the address set forth below. Date: #ill d Lesley J. Beam, Esquire ID # 91175 KOPE & ASSOCIATES, LLC 4660 Trindle Road Suite 201 Camp Hill, PA 17011 Telephone: 717-761-7573 Fax: 717-761-7572 By; Lesley J/1j4fii, Esquire V0 CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, do hereby certify that on this the 29th day of November, 2007, 1 served a true and correct copy of the foregoing Praecipe for Entry of Appearance via regular U.S. First Class mail, postage prepaid, addressed as follows: Michael Riley 104 S. Carlisle Street P.O. Box 1 New Bloomfield, PA 17068 (Defendant) Donald T. Kissinger, Esquire Howett, Kissinger & Holst, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 (Attorney for Plaintifo Respectful) ubmitted, 1. BY;,?A?d 1,44 Le y J. Beam, Esquire ID #91175 Kope and Associates, LLC 4660 Trindle Road Suite 201 Camp Hill, PA 17011 (717) 761-7573 -r- -?. Fj CD 7-7 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibearn0kopelaw.com Attorney for Defendant PATRICIA W. RILEY, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA vs. NO. 2007-7047 W. MICHAEL RILEY, CIVIL ACTION - LAW Defendant. IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on November 21, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: ZZI s ? W. Michael Riley C7 i q KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibearndkopelaw.com PATRICIA W. RILEY, Plaintiff, VS. W. MICHAEL RILEY, Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 2007-7047 : CIVIL ACTION -LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. 1 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. 1 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: o Fr-" /a , . '4?z?z W. Michael Riley 1? ._? ? r ?? .?b. ? :?= ,'.? 67-7oy7 MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN PATRICIA W. RILEY AND W. MICHAEL RILEY MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this day of , 2008, by and between, PATRICIA W. RILEY of Cumberland County, Pennsy ia, and W. MICHAEL RILEY, of Cumberland County, Pennsylvania; WITNESSETH: WHEREAS, Patricia W. Riley (hereinafter referred to as "Wife"), was born on July 28, 1961, and currently resides at 429 15`h Street, New Cumberland, Cumberland County, Pennsylvania, 17070; WHEREAS, W. Michael Riley (hereinafter referred to as "Husband"), was born on October 31, 1961, and currently resides at 104 S. Carlisle Street, P.O. Box 1, New Bloomfield, Cumberland County, Pennsylvania, 17068-0001; WHEREAS, the parties hereto are husband and wife, having been lawfully married on July 29, 1989 in Hightstown, New Jersey; WHEREAS, the parties have lived separate and apart since on or about November 1, 2006; WHEREAS, the parties have two children born of the marriage, as follows: Jonathan M. Riley, born on January 30, 1992, and Kristen E. Riley, born on May 1, 1994; 1 WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. The parties acknowledge that both have sought or have been advised of their right to seek independent legal counsel. The parties further acknowledge that Wife is represented by Donald T. Kissinger, Esquire, of the firm of Howett, Kissinger & Holst, P.C. and Husband is represented by Lesley J. Beam, Esquire, of the firm of Kope & Associates, LLC. Each party fully understands the facts and his/her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party acknowledges the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or properties, owned or possessed individually by the other, counsel fees and 2 costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his/her respective right to have the Court of Common Pleas of Cumberland County, or any other Court of competent jurisdiction, make any determination or order affecting the respective parties' right to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is 3 satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. The parties acknowledge that Wife has filed a divorce action in the Cumberland County Court of Common Pleas, docketed at 2007-7047 Civil Term, and that ninety (90) days have elapsed since such filing. The parties agree that pursuant to §3301(c) of the Divorce Code, each will sign an Affidavit of Consent to Divorce and Waiver of 4 Notice of Intention To Request Entry of Divorce Decree and deliver same to counsel for the filing party, who shall promptly submit said Affidavits and Waivers to the Court, along with a Praecipe to Transmit Record, Vital Statistics Form and any and all other documents necessary to precipitate the prompt entry of a Divorce Decree. 5. EQUITABLE DISTRIBUTION. (a) Marital Residence. The parties acknowledge that they were the titled owners, as tenants by the entireties, of a residence situated at 429 15th Street, New Cumberland, Cumberland County, Pennsylvania (hereinafter referred to as the "Marital Residence"), subject to a mortgage with Wachovia Bank, which has been refinanced into Wife's name. The parties agree as follows with respect to the Marital Residence: (1) Wife is the sole and exclusive owner of the Marital Residence and shall be permitted to take any action with respect thereto that she deems appropriate. Husband waives, relinquishes and releases any and all past, present or future right, title, claim and interest he may have had in and to the Marital Residence. The parties acknowledge that Husband has executed a deed transferring all of his right, title and interest in the Martial Residence to Wife. (2) Husband further agrees that, any and all policies of insurance with respect to the Marital Residence have been endorsed to reflect Wife as sole owner thereof and further agrees that Wife shall be entitled to receive any payments now or hereafter due under any such insurance policies. (3) Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs, or other costs associated with the Marital Residence, and Wife shall keep Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys' fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in the Marital Residence. (b) Furnishings and Personalty. (1) The parties agree to divide between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, household appliances and equipment. (2) Except as otherwise agreed by the parties, Wife shall retain, as her sole and separate property, free of any and all right, title, claim or interest of Husband, all of the personalty and furnishings remaining in the Marital Residence. (c) Motor Vehicles. (1) Wife agrees that Husband shall retain possession of and receive as his sole and separate property the 2005 Kia Sedona automobile, currently titled in Husband's name alone, with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorneys' fees, incurred in connection with any vehicle belonging to Husband by virtue of this subparagraph. 6 (2) Husband agrees that Wife shall retain possession of and receive as her sole and separate property the 2001 Subaru Forrester automobile, currently titled jointly in the names of Husband and Wife, with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Husband agrees to execute a transfer of title to the vehicle in Wife's name alone, the cost of which shall be borne by Wife. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost, or expense, including actual attorneys' fees, incurred in connection with any vehicle belonging to Wife by virtue of this subparagraph. (d) Life Insurance. Husband and Wife each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all policies of insurance owned by or insuring the life of the other, including cash surrender value, if any, and also specifically to include a waiver of any beneficiary designation thereunder. Specifically, Wife shall keep as her sole and separate property a life insurance policy with CUNA Mutual Insurance Company. Husband shall keep as his sole and separate property any life insurance policies which he may own. (e) Pension and Retirement Benefits. Husband and Wife each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including, but not limited to, pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties 7 agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. Specifically, Husband shall become the sole and exclusive owner of his PSERS Retirement Account, and Wife shall become the sole and exclusive owner of her Retirement Account with Wachovia Securities, account number 257040276607501, and her 401(K) Retirement Savings Accounts with Greenman-Pedersen, Inc. and Johnson, Mirmiran & Thompson. (f) Brokerage Account. The parties acknowledge that at the time of separation Wife owned a Brokerage Account with Evergreen Investments, account number 659- 1061626498. The parties agree that Wife shall remain the sole and exclusive owner of this account free and clear of any right, title, claim and interest of Husband. (g) Financial Accounts. The parties acknowledge and agree that Husband maintains savings accounts as custodians for the parties' children, Jonathan and Kristen with Commerce Bank, with account numbers, 626607428, and 626607311, respectively. The parties agree that Husband shall transfer his custodial role to Wife and she shall become the sole and exclusive custodian of such accounts, which she shall maintain for the benefit of the children. Upon request, Wife shall provide proof of the children's account balances to Husband. The parties further acknowledge and agree that Husband's checking account with Wachovia, account number xxxxxxxxx3476, shall become the sole and exclusive property of Husband free and clear of any right, title, or interest of Wife. The parties also acknowledge and agree that Wife's checking account with Wachovia, having account number xxxxxxxxx3832 shall become the sole and exclusive property of Wife free and clear of any right, title, or interest of Husband. 8 (h) Lump Sum Cash Pam. The parties acknowledge and agree that Wife shall pay to Husband the cash sum of Five Thousand Dollars ($5,000.00) as and for equitable distribution of property. One half of said payment shall be made by Wife to Husband simultaneously with the execution of this Agreement. The remainder shall be paid to Husband no later than five (5) days after the date of entry of a Decree in Divorce between the parties. (i) Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (j) Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. (k) Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute 9 a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. (1) Assumption of Encumbrances. (1) Commencing on the execution date of this Agreement, Husband shall be solely responsible for any and all liabilities incurred in his name alone, specifically to include any obligations to issuers of credit cards in his name, consolidation loans, and any other debts. (2) Commencing on the execution date of this Agreement, Wife shall be solely responsible for any and all liabilities incurred in her name alone, specifically to include any obligations to issuers of credit cards in her name, consolidation loans, and any other debts. (3) Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the effective date of this Agreement. Each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of the debts, encumbrances or liens assumed by the other pursuant to this Agreement. (m) Liability Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify 10 and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. (n) Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorneys' fees incurred by Wife in connection therewith. (o) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorneys' fees incurred by Husband in connection therewith. (p) Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless II FROM : FAX NO. :7172345402 Jun. 23 2008 04:08PM P2 from any liability, loss, cost or expense whatsoever, including actual attorneys' fees, incunCd in the event of breach hereof. d. WAIVER OF ALIMONY. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the teens of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 7. CML12 SUPPORT. Husband and Wife agree that Husband will pay to Wife the sum of Five Hundred Dollars (5500.00) in monthly child support for the care and maintenance of the parties' children, Jonathan and Kristen, effective the date of execution of this Agreement, and payable on the 15th of each month. Pursuant to Pennsylvania law, the support for each child shall terminate upon the 18" birthday or high school graduation of each child, whichever comes last. Upon emancipation of the eldest child, the parties shall address the needs of the remaining minor child to determine an appropriate amount of support. Also pursuant to Pennsylvania law, child support shall terminate upon the death of a child, or in the event that Husband becomes primary custodian of a child or the children. The parties acknowledge that said payment shall be made directly from Husband to Wife. However, in the event that Husband is more than fifteen (15) days laze with such support, wife shall be entitled to enforce this obligation through the Domestic Relations Office of the Cumberland County Court of Common Pleas, or any other court of competent jurisdiction. PWR. jal-+4 WMR !N 12 Moreover, the parties agree Husband shall continue to maintain both children on his medical insurance, and that uninsured medical expenses for the children in excess of $250.00 per child, per year shall be equally shared between the parties with each paying fifty percent (50%) of said uninsured expenses. "Unreimbursed medical expenses" shall mean reasonable and necessary medical, dental and optical expenses, co-payments, deductibles, and prescriptions, including orthodontic care, but not including chiropractic, psychiatric or psychological care where Father has not consented to such care. 8. CHILD CUSTODY (a) Legal Custody. Husband and Wife agree that they shall share joint legal custody of Jonathan M. Riley (D.O.B. January 30, 1992), and Kristen E. Riley (D.O.B. May 1, 1994). Legal custody is defined as the right to make major decisions affecting the best interests of the child, including, but not limited to, medical, religious, moral, educational and general parenting decisions. See 23 Pa.C.S.A. Section 5301. The parties agree to discuss and consult with one another with a view towards adopting a harmonious policy calculated to promote the children's best interests. Each party shall have the right to be kept informed of the children's educational, social, moral and medical development. Each parent shall notify the other of any matter relating to the children which could reasonably be expected to be of significant concern to the other parent. Day-to-day decisions shall be the responsibility of the parent then having physical custody. The parent having physical custody of the children at the time of any emergency shall have the right to make any immediate decisions necessitated thereby but shall inform the other parent of that emergency and consult with him or her as soon as possible. 13 (b) Physical Custody. Husband and Wife agree that Wife will be awarded primary physical custody of Jonathan and Kristen. Husband will enjoy partial physical custody of the children, on alternating weekends, and on any other days or times upon which the parties may, from time to time, agree in consideration of the best interests and desires of the children and the children's academic and extracurricular commitments. Mother and Father agree that they will share physical custody on holidays, as they mutually agree. Mother shall have physical custody of the children each and every Mother's Day and Father shall have physical custody of the children each and every Father's Day. Each parent will be entitled to some parenting time on the children's birthdays, as the parties will determine on a year-by-year basis. The parties further agree that the children will spend Mother's birthday with Mother, and Father's birthday with Father, with the specific times of such physical custody to be mutually agreed upon by the parties. 9. COUNSEL FEES COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 10. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and 14 shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 11. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 12. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said 15 property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or 16 by way of dower, curtesy, widow's or widower's rights, family exemption 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 of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 13. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 14. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 15. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 16. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such 17 other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 17. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 18. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Wife will be sufficient if made or addressed to the following: Patricia Riley 429 15`h Street New Cumberland, Pennsylvania 17070 and to Husband, made or addressed to the following: W. Michael Riley 104 S. Carlisle Road P.O. Box 1 New Bloomfield, Pennsylvania 17068-0001 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 19. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 18 20. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 21. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 22. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 23. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 24. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 25. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his 19 or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 26. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorneys' fees, costs, and other expenses actually incurred as a result of such failure. 27. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 20 IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. /y WITN S W. MICHAEL RILEY c Ca" WITNESS PATRICIA W. RILEY 21 COMMONWEALTH OF PENNSYLVANIA COUNTY OF a h BEFORE ME, the undersigned authority, on this day personally appeared W. MICHAEL RILEY known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. r? GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of 2008. Yrl & Scf-, Public in and for C mmonwealth of Pennsylvania Yyped or printed name of Notary: A h n N. 52Y1<'Ct' My commission expires: Uwa M OWN OU PW Comm Oct 24. 2010 00 of _0 jwgg! 22 ?l M OWL .40vo;+Cy3wsNMyO113?4? 01M Y: r Y,F /y tj M1S COMMONWEALTH OF PENNSYLVANIA COUNTY OF 1 BEFORE ME, the undersigned authority, on this day personally appeared PATRICIA W. RILEY known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE thi" day of ?t 0 52008. otary Pu c in "and for Commonwealth of Pennsylvania Typed or printed name of Notary: L- C-nm+-2- - (2 i n c ?,er `J Sj?7jra My commission expires: COMMONWEAiTH OF PENNSYLVANIA NOTARIAL SEAL GINGER L-GONTZ, NOTARY PUBLIC Cm r HARRISBURG DAUPHIN COUNTY MY COMMISSION EXPIRES MAY 11 2012 23 rIO ?_? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA W. RILEY, ) Plaintiff ) V. ) NO. 2007-7047 CIVIL TERM W. MICHAEL RILEY, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on November 21, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made above 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: Patricia W. Riley, Plaintiff ra c? rr;_ g C Z o c cn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA W. RILEY, ) Plaintiff ) V. ) W. MICHAEL RILEY, ) Defendant ) NO. 2007-7047 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE Donald T. Kissinger, Esquire, being duly sworn according to law, deposes and says that he is an attorney at law authorized to practice in the Commonwealth of Pennsylvania, and that on the 215` day of November, 2007, he sent the original of the attached letter, with which was enclosed a certified, time-stamped copy of the Complaint in Divorce in the above-captioned matter, properly endorsed, to the Defendant, W. Michael Riley, by certified mail, postage prepaid, return receipt requested, restricted delivery, pursuant to Pa.R.C.P. 1930.4, to 104 South Carlisle Road, P.O. Box 1, New Bloomfield, PA, 17068-0001, the Defendant's last known address, and that the return receipt card which was signed by Michael Riley, marked as having been delivered to him on November 23, 2007, is attached hereto and made a part hereof Date: 7 e% r 2008. Donald T. Kissinger., Es uire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Patricia W. Riley SWORN TO AND SUBSCRIBED LAW OFFICES OF HOWETT, KISSINGER & HOLST, P.C. 130 WALNUT STREET POST OFFICE BOX 810 HARRISBURG, PENNSYLVANIA 17108 JOHN C. HOWETT. JR . DONALD T. KISSINGER DARREN J. HOLST REBECCA M.DARR DEBRA M. SHIMP Legal Assistant November 21, 2007 VIA CERTIFIED MAIL _& REGULAR MAIL RETURN RECEIPT REOUESTED RESTRICTED DELIVERY Mr. W. Michael Riley 104 South Carlisle Road P.O. Box 1 New Bloomfield, PA 17068-0001 Re: Riley v. Riley Dear Mr. Riley: (717) 233-2616 FAX (717) 233-5302 As you know, Patty has retained this office to represent her in a divorce action. I understand that she has already advised you that we have filed a divorce complaint on her behalf today, November 21, 2007. I enclose for you a copy of the divorce complaint filed today along with an acceptance of service for your signature. I request that you execute the acceptance of service and return it to me as soon as possible in the enclosed self-addressed stamped envelope. Patty is hopeful that all of the issues surrounding the divorce can be resolved amicably and quickly between the two of the you. If you have retained counsel to represent you in this matter, please have him or her contact me. Sincerely, Donald T. Kissinger DTK/glg Enclosure cc: Patricia W. Riley (w/encl.) ru ur-n . - CS (Domestic Only: No Insurance Cov erage 0 For delivery information visit our website at w ww.usps.com m 1 OFFICIAL USE 23 0 CO Postage $ ru Certified Fee C3 PoWnark C3 Return Receipt Fee Here C3 (Endorsement Required) EM Restrioted Delivery Fee 0' (Endorsement Required) eD fU Total Postage & Fees -r o O NF,; - ------------ "°., (? (( I C3 = m? '-Li ------------ -- PO Box No. - S . ?-P- 1i I? I? o C sera zl T f ? rp 17GLr`Cr1G( red. kft ¦ Complete ftm 1, 2,'and 3. Also ¦ Punt your name and address on the reverse so that we can reti n7] the card to you. ¦ Attach this card to the back of the ffudlpieoe, or on the front H space permits. A. Sl Otn 0 Af wd 1. Amide !Addressed to: mr w- Mich-r- l ley IU?! S©U1C:G) 6" O. Boo- I ?eo -B[wmP,4d, PA If SAO vUlvf B. Received by (ftj! r C. Dde of Delivery D. Is deNvery address gift"-t from item 1? a Yes if YES, enter deihrery addrm below: 0 No 3. Service Type ,`1 Certified Mail 0 e_vm Mail ' % ? Reoatered dm Reoelpt40 MINSIWWW M ? imnd man O C.O.D. 13, 4. ReehiCW D~ MOD Fee) Ya9 s. mArWe `fi (nwnfar nom m aervwa 7004 2890 0002 8003 1002 enalb. PS Form 3811, FWXu 2W4 Domestic Fieelan iiie0eipt taaaaa.aQ r?,sro C) C Ca r_za C N j Cj1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA W. RILEY, Plaintiff ) V. ) NO. 2007-7047 CIVIL TERM W. MICHAEL RILEY, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Service by certified mail on November 23, 2007; Affidavit of Service is being filed contemporaneously herewith. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff, July 18, 2008; by defendant, July 18, 2008. 4. Related claims pending: No related claims pending. 5. Date plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: contemporaneously herewith; date defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: July 23, 2008. Date: Donald T. Kissinger., Esq 90ST, HOWETT, KISSINGER & P.C. 130 Walnut Street, P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Patricia W. Riley N ° r .a -n t e: ? ? te ?, n C'i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. PATRICIA W. RILEY, Plaintiff VERSUS W. MICHAEL RILEY Defendant No. DECREE IN DIVORCE 2007-7047 CIVIL TERM C11-Y.4a C'?. #0 . AND NOW, /*I- IT IS ORDERED AND DECREED THAT PATRICIA W. RILEY PLAINTIFF, AND W. MICHAEL RILEY 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; None. PROTHONOTARY •