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HomeMy WebLinkAbout08-4878Jay R. Braderman, Esquire Attorney I.D. No.: 07047 225 Market Street Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Tel: (717) 233-6633 Fax: (717) 233-7003 E-mail: jraderman@laverylaw.com Attorney for Plaintiff JESSIE J. RIDLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. Q fr-- qg--7 ri 1 tt? CIVIL ACTION - LAW DEANNA L. RIDLEY, 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 of 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 child. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary. 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. LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, Pennsylvania 17013 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County complies 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 seventy-two (72) hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. Jay R. Braderman, Esquire Attorney I.D. No.: 07047 225 Market Street Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Tel: (717) 233-6633 Fax: (717) 233-7003 E-mail: jbraderman@laverylaw.com Attorney for Plaintiff JESSIE J. RIDLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. DEANNA L. RIDLEY, Defendant NO. 4 ?-- q $- 7 g- c ?,? ( i c CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE 1. Plaintiff is Jessie J. Ridley, an adult individual who is sui juris and resides at 313 Lamp Post Lane, Camp Hill, Cumberland County, Pennsylvania 17011, since August 1, 2008. 2. Defendant is Deanna L. Ridley, an adult individual who is sui juris and resides at 38 Front Street, New Buffalo, Perry County, Pennsylvania 17069, since 2002. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 7, 1990, in Harrisburg, Pennsylvania. 5. There is one minor child born of this marriage: Clinton Anthony Ridley, born January 23, 1991, now 17 years of age. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 8. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 9. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c): The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d): The marriage of the parties is irretrievably broken. The Plaintiff and Defendant have been separated since October 2007. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. 2 COUNT I CLAIM FOR EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property during their marriage, which is subject to equitable distribution by this Court. 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff requests the Court to equitably divide the property owned by the parties hereto. Ily_§Ubmitted, Date aNefnan, Esquire I. DJNo.: 07047 Puite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Tel: (717) 233-6633 Fax: (717) 233-7003 E-mail: jbraderman@laverylaw.com Attorney for Plaintiff 3 VERIFICATION Upon my personal knowledge or information and belief, I hereby verify that the facts averred in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein made are subject to the criminal penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: JE IE J. RI EY I verify that I have reviewed this form with my client and to the best of my knowledge the allegations herein are true and correct. Jay fjlhan, Esquire A rn V74o.: 07047 Se 304' P.O. Box 1245 Harrisburg, PA 17108-1245 Tel: (717) 233-6633 Fax: (717) 233-7003 E-mail: jbraderman@laverylaw.com Attorney for Plaintiff Jay R. Braderman, Esquire Attorney I.D. No.: 07047 225 Market Street Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Tel: (717) 233-6633 Fax: (717) 233-7003 E-mail: jraderman@laverylaw.com Attorney for Plaintiff JESSIE J. RIDLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. CIVIL ACTION - LAW DEANNA L. RIDLEY, Defendant IN DIVORCE AFFIDAVIT JESSIE J. RIDLEY, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4909 relating to unsworn falsification to authorities. a4.01?,Ia - JE IE J. RIDY e9 I W W ? W ? 1 I ro 0 tPIT W 1-' w I oe o O d c A f 0 a N co c: c? .9-- gas c.?x c1,y C? n rn? 71M i -c .. ft JESSIE J. RIDLEY, IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY PENNSYLVANIA VS. NO: 08-4878 DEANA L. RIDLEY, . DEFENDANT CIVIL TERM - IN DIVORCE ANSWER TO DIVORCE COMPLAINT COMES NOW, Defendant, by her attorney and answers the divorce complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. This paragraph requires no response from defendant. 8. Admitted. 9. Admitted that the divorce complaint sets out mutual and unilateral no fault divorce actions. However, defendant denies that the parties have been separated since October 2007. Plaintiff moved out on July 31, 2008, leaving a note. 10. Admitted. 11. Admitted. 12. Admitted that the parties have been unable to agree, but can probably settle their property issues. Je T34 lootf, Esquire Su urt ID #47624 22h Street, PO Box 116 DPA 17020 7187 ADefendant Dated: August 29, 2008 'WI Ift I verify that the statements made in the foregoing documents 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. § 04, CZ !?J; Deanna L. Ridley `-- caJ , r,., T t Q . . i SEPARATION & PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made this r. +h day of 7anUarY , Q010 , by and between Deanna L. Ridley (hereinafter called "Deanna" or "Wife") and Jessie J. Ridley (hereinafter called "Jessie" or "Husband"). WITNESSETH The parties hereto are wife and husband, having been married on August 7, 1990. There was one child born of this marriage. WHEREAS diverse unhappy differences, disputes and difficulties have arisen between Deanna and Jessie, and it is their intention to divorce, and they 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 settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of either party by the other, and 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 the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Deanna and Jessie, each intending to be legally bound hereby and to legally bind their heirs, successors and assigns, covenant, promise and agree as follows: 1. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective legal counsel. Husband is represented by Jay R. Braderman, Esquire, of Lavery, Faherty, Young and Patterson, P.C.; Wife is represented by Jerry A. Philpott, Esquire. Each party acknowledges that she or he has either received independent legal advice from counsel of her or his selection or that he or she has had the opportunity to do so and has voluntarily declined to seek such advice. Each further acknowledges that she or he has been informed of the right to obtain independent counsel and that he or she understands his or her legal rights. Moreover, each party acknowledges that each fully understands the facts and has been fully informed as to his or 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, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties acknowledge that each has been fully informed of the wealth, property, estate and income of the other, and each party is hereby satisfied that such information is true and correct. PERSONAL RIGHTS Deanna and Jessie may and shall, at all times hereafter, Page 1 of 6 live separate and apart. Each shall be free of all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if she or he were unmarried. Each may reside at such place or places as she or he may select. Each may, for her or his separate use or benefit, conduct, carry on and engage in any business, occupation, profession, or employment that to her or him may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Deanna and Jessie of the lawfulness of the causes that led to, or resulted in, the continuation of their living apart. Deanna and Jessie 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 her or him. 3. PERSONAL PROPERTY Deanna and Jessie do hereby acknowledge that, except as herein provided, they have heretofore divided the marital property including, but without limitation, jewelry, clothes, furniture and other personalty and hereafter Deanna agrees that all of the property in the possession of Jessie shall be the sole and separate property of Jessie; and, Jessie agrees that all of the property in the possession of Deanna shall be the sole and separate property of Deanna. This Agreement shall have the effect of an assignment or bill of sale effective on the signing hereof from each party to the other for such property as may be in the individual possession of each of the parties hereto. Each of the parties hereto does hereby specifically waive, release, renounce and forever abandon whatever claims, ifany, she or he may have with respect to any of the above items that are the sole and separate property of the other. 4. REAL PROPERTY The parties lost their home in a foreclosure sale. 5. RETIREMENT SAVINGS Husband accrued a 401K balance from his employment at Hershey Creamery Company during the marriage. The balance in that 401K as of September 30, 2009, was $17,916.66. The parties agree that the balance is a marital asset to be equitably divided. 6. LIABILITIES Deanna and Jessie each represents that he or she has not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold the other party harmless from and against all future obligations of every kind incurred by them, including those for necessities. 7. EQUITABLE DISTRIBUTION The parties agree to obtain a Qualified Domestic Relations Order directing the fund manager for Husband's 401K, Principal Financial Group, to segregate half of the September 30,2009, balance in the 401 K into a separate account for Wife. The parties further agree that all other equitable distribution issues have already been resolved. It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property that was legally or beneficially acquired by Husband and Wife or either of them during the marriage, as contemplated by the Act of April 2, 1980, known as the Divorce Code, 23 Pa.C.S. §§3101 et seq., as amended, of the Commonwealth of Pennsylvania. The parties hereto agree that the division of marital property provided herein is fair, adequate and Page 2 of 6 satisfactory to them. Each agrees to accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for equitable distribution of marital property. 8. RELEASE OF SPOUSAL SUPPORT Deanna and Jessie do hereby waive, release and give up any rights they may respectively have against the other for alimony, alimony pendente lite, support or maintenance. It shall be from the implementation date of this Agreement as set forth, the sole responsibility of each of the respective parties hereto to sustain himself or herself without seeking any support from the other party. 9. NO-FAULT DIVORCE It is specifically understood and agreed by and between the parties and each party does hereby warrant and represent to the other that their marriage is irretrievably broken as that term is defined in the Divorce Code. The parties agree to take all legal steps (including the timely and prompt submission of all documents and taking of all actions) necessary to assure that a divorce pursuant to Section 3301(c) of the Divorce Code is entered as soon as possible. 10. MUTUAL RELEASE Deanna and Jessie each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, that she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or 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 (a) the Commonwealth of Pennsylvania, (b) any State, Commonwealth or territory ofthe United States, or (c) any other country, or any rights that Deanna or Jessie may now or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel 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 that may arise under this Agreement or for the breach of any provision thereof. It is the intention of Deanna and Jessie to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, that the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or thatmay arise under this Agreement or for the breach of any provision thereof, subject, however, to the implementation and satisfaction of the conditions precedent, if any, as set forth herein above. 11. OTHER DOCUMENTATION Deanna and Jessie covenant and agree that they will forthwith (and within at least ten (10) days after demand therefor) execute any and all Page 3 of 6 written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 12. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and assigns. 13. ENTIRE AGREEMENT Deanna and Jessie do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, that shall or may be charged or enforced or enforceable unless reduced to writing and signed by both ofthe parties hereto; and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other terms, conditions, clauses or provisions of this Agreement. 14. BINDING EFFECT OF AGREEMENT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or a similar nature. 15. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages or any other relief that may be available to him or her for such breach, and the party breaching this Agreement shall be responsible for payment of all legal fees and costs reasonably incurred by the other in enforcing his or her rights under this Agreement. 16. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, if any, shall in no way avoid or alter the remaining obligations of the parties. 17. HEADINGS 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. 18. EFFECTIVE DATE The effective date of this Agreement shall be the date upon which it is executed. This Agreement shall be deemed to have been executed on the date the last Page 4 of 6 If party signing it shall have signed. 19. CONTROLLING LAW This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 20. SURVIVAL BEYOND DIVORCE DECREE The parties hereby acknowledge that they have accepted the within separation and property settlement agreement as a final settlement for all purposes whatsoever between themselves as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of separation or of divorce be obtained by either of the parties in this or any other state, each of the parties hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation or divorce; and nothing in any such decree, judgment, order or further modification or revision thereof, shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or decree for the purposes of enforceability only. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties hereto to permit this Agreement to survive any judgment or decree, and to be forever binding and conclusive upon the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. This Agreement is executed in duplicate, and in counterparts, and Deanna and Jessie, as parties hereto, acknowledge the receipt of a duly executed copy hereof. /1") z Deanna L. Ridley Jess J. Ridley Page 5 of 6 j 4, y COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF ?tz? sit ) On the 6itLday of , 2009, before me, the subscriber, a No Public in and for the Commonwealth of Pennsylvania, residing in the County of personally appeared before me Deann 'dley, and in due form of law acknowledged the above Agreement to be her act an deed d desired the same to be recorded as such. Je A Ph'j; : At, N06rc Public Comm wp, ?+Y County E?ires Aug. 2, 2010 COMMONWEALTH OF PENNSYLVANIA L SEAL T1A??N ) COMMONWE , k City of Harrisburg, Dauphin County ) SS COUNTY OF MY COMMISSION EXPIRES FEB. 06, 2012 ) On the -116_ day of fiber , 2009, before me, the subscriber, a Notary Public in and for the Commonwealth of Pennsylvania, residing in the County of ? P,t DV4 t,4 , personally appeared before me Jessie J. Ridley, and in due form of law acknowledged the above Agreement to be his act and deed and desired the same to be recorded as such. Page 6 of 6 JESSIE J. RIDLEY, Plaintiff vs. DEANNA L. RIDLEY, Defendant ,tai- ir- C n-i „- •.i,??Mf : f 2010 JAN 21 Pik 2: 20 IN THE COURT OF Q?ftMON4;PLEASTY CUMBERLAND COUNT?'P§WSMLVANIA NO. 08-4878 CIVIL ACTION - LAW IN DIVORCE PROOF OF SERVICE (Domestic u, M ... M r-i Postage Q $ Certified Fee Q ^ oO Q C3 C3 Return Receipt Fee (Endorsement Required) 2 , U Pastma Here O O Restricted Delivery Fee (Endorsement Required) ??`` V Total Postage & Fees $ P ca Z r? Sent To ( S`treet,AptNo.; - y ---------- F3 or PO Box No. 3 d7 y?-J . FI V?r? ' iC p N / ?(? + -- --------------- ch" State, z,P A., ?? Bu ?'6h ! W l 70% 91 ¦ Complete items 1, 2, and 3. Also complete A. si re Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse X IU? fiOt dd ee so that we can return the card to you. Received by (Pr! ), C. Date of livery ¦ Attach this card to the back of the maiipiece, d or on the front if space permits. 1. Article Addressed to: Qis delivery address different from 1? Yes / YES, enter delivery address bolo No ? p A' a . t 1 S 3. Service Type n n P? Iwo jZ60W Mail ? Egress Mail N R l) 'Ih?'1fL w ' ? Registered ? Return Receipt for Merchandise v ? Insured Mail ? C.O.D. 6Z_ q65 Z. 4. Restricted Delivery? (Extra Fee) 40es 2. Article Number (n 7007 1490 0001 4133 0545 a ft 8www h1w PS Form 3811, FeWwy 2004 Dtx waft Ream Reosipt 102595,024A-150 Jay R. Braderman, Esquire Attorney I.D. No.: 07047 Lavery, Faherty, Young & Patterson, P.C. 225 Market Street Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Tel. (717) 233-6633 Fax: (717) 233-7003 E-mail: jbraderman@laverylaw.com Attomeys for Plaintiff JESSIE J. RIDLEY, vs. DEANNA L. RIDLEY, Defendant _ F1LED --0 tMi0E j? _1 M 3 } J -_)`, THE 2010 JAN 21 PM 2: 21 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 08-4878 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 14, 2008. 2. The marriage between Plaintiff and Defendant is irretrievably broken and 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 in divorce after service of Notice of Intention to Request Entry of the Decree. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. 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. Section 4904, relating to unsworn falsification to authorities. Date: 1 1 201 DEANNA L. RIDLEY Jay R. Braderman, Esquire Attorney I.D. No.: 07047 Lavery, Faherty, Young & Patterson, P.C. 225 Market Street Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Tel: (717) 233-6633 Fax: (717) 233-7003 E-mail. fbrademtan@laverylaw.com Attomeys for Plaintiff JESSIE J. RIDLEY, vs. DEANNA L. RIDLEY, Defendant ? r is 1 ; 2010 JAN 2 ! P11 2: 2 I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 08-4878 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without 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 understand 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: / l3 Z??O DEANNA L. RIDLEY ,/,lay R. Braderman, Esquire Attorney I.D. No.: 07047 Lavery, Faherty, Young & Patterson, P.C. 225 Market Street Suite 304 P.O. Box 1245 Harrisburg PA 17108-1245 Tel. (717) 233-6633 Fax: (717) 233-7003 E-mail: jbraderman@lavery/aw.com Attomeys for Plaintiff JESSIE J. RIDLEY, Plaintiff vs. DEANNA L. RIDLEY, Defendant FILED-?; i??e vL „ TI-F- 10T 2010 JAN 21 Pik 2: 20 Li 1%flry IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4878 CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 14, 2008. 2. The marriage between Plaintiff and Defendant is irretrievably broken and 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 in divorce after service of Notice of Intention to Request Entry of the Decree. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if 1 do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Date: ! ?l5 ZOi?' 67 JESSI J. RIDLEY Jay R. Braderman, Esquire Attomey l.D. No.: 07047 Lavery, Faherty, Young & Patterson, P.C. 225 Market Street Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Tel: (717) 233-6633 Fax: (717) 233-7003 E-mail: jraderman@lavery/aw.com Attorneys for Plaintiff JESSIE J. RIDLEY, vs. DEANNA L. RIDLEY, Defendant FLEID--0, F1"'iE "NARY 2010 JAN 21 Pf'l 2: 20 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 08-4878 CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without 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 understand 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: I /k5' 2c?/ G' p,?,?J JESSI J. RIDLEY Jay R. Braderman, Esquire Attomey I.D. No.: 07047 Lavery, Faherty, Young & Patterson, P. C, 225 Market Street Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Tel: (717) 233-6633 Fax: (717) 233-7003 E-mail: jbraderman@laverylaw.com Attorneys for Plaintiff JESSIE J. RIDLEY, Plaintiff vs. DEANNA L. RIDLEY, Defendant To the Prothonotary: FILE --0, t ;f y J , 2010 JAN 21 PH 2: 22 }?•Lv , aid. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4878 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the Court f8r entry of a Divorce Decree: 1. Grounds for divorce: Irretrievable breakdown under Section 3301(c) or Section 3301 (d) of the Divorce Code. 2. Date and manner of service of the original Complaint: Service of the Complaint in Divorce was made on August 18, 2008, via U.S. Mail, Certified, Return Receipt Requested, Restricted Delivery, #7007 1490 0001 4133 0545, original Certified Mail Receipt and Domestic Return Receipt attached herewith. 3. Date of execution of the Affidavit required by Section 3301(c) of the Divorce Code: January 15, 2010, by Plaintiff. By Defendant: January 13, 2010. Plaintiff's Affidavit was filed with the Prothonotary contemporaneously with this Praecipe. Defendant's Affidavit was filed with the Prothonotary contemporaneously with this Praecipe. e 4. There are no related claims pending. 5. Indicate date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, and attach a copy of said Notice under Sections 3301(c) or 3301(d)(1)(i) of the Divorce Code: Plaintiff's Waiver was executed on January 15, 2010. Defendant's Waiver was executed on January 13, 2010. Plaintiff's Waiver was filed with the Prothonotary contemporaneously with this Praecipe. Defendant's Waiver was filed with the Prothonotary contemporaneously with this Praecipe. Respectfully submitted, Date: By: Lavery, Faherty, Young & Patterson, P.C. cay braaerman, tsquire At rney ID. No. 07047 225 Market Street, Suite 304 P. O. Box 1245 Harrisburg, PA 17108-1245 Tel: (717) 233-6633 Fax: (717) 233-7003 Attorneys for Plaintiff Jay R. Braderman, Esquire Attorney I.D. No.: 07047 Lavery, Faherty, Young & Patterson, P.C. 225 Market Street Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Tel: (717) 233-6633 Fax: (717) 233-7003 E-mail: jraderman@laverylaw.com Attorneys for Plaintiff JESSIE J. RIDLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. DEANNA L. RIDLEY, Defendant NO. 08-4878 CIVIL ACTION - LAW : IN DIVORCE REPORT OF SOCIAL SECURITY NUMBERS The Social Security numbers of the Plaintiff and Defendant in the above divorce action are as follows: Plaintiff: Jessie J. Ridley 201-52-9337 Defendant: Deanna L. Ridley 159-54-7386 JESSIE J. RIDLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 08-4878 CIVIL ACTION - LAW DEANNA L. RIDLEY, Defendant IN DIVORCE VITAL STATISTICS RECORD PLAINTIFF: Jessie J. Ridley DEFENDANT: Deanna L. Ridley DATE OF MARRIAGE: August 7, 1990 DATE OF SEPARATION: October, 2007 NUMBER OF YEARS MARRIED: Less than 20 JESSIE J. RIDLEY V. DEANNA L. RIDLEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4878 CIVIL TERM DIVORCE DECREE AND NOW, Sarvsry 2?0 x,410 , it is ordered and decreed that JESSIE J. RIDLEY plaintiff, and DEANNA L. RIDLEY , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (if no claims remain indicate "None.") THE TERMS OF A SEPARATION AND PROPERTY SETTLEMENT AGREEMENT BETWEEN THE PARTIES, DATED JANUARY 6, 2010, ARE INCORPORATED BUT NOT MERGED INTO AND MADE A PART OF THIS DECREE. By the Court, S%t 5,?A? A st: J. >? Prot onotary . JESSIE J. RIDLEY, vs. Plaintiff DEANNA L. RIDLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENT YLVAN16, =' -et f - C7 -T, NO. 08-4878 r CIVIL ACTION - LAW IN DIVORCE i ' . C_ 3M IED DOMESTIC RELATIONS 4DEA w -c , 2010, the parties hereto AND NOW, this day of 3& respectfully request that the attached Qualified Domestic 4lations Order (°QDRO") be entered and in support thereof, aver as follows: 1. A Divorce Complaint was filed at the above-captioned docket on August 14, 2008. 2. Plaintiff is represented by Jay R. Braderman, Esquire, 225 Market Street, Suite 304, P. O. Box 1245, Harrisburg, PA 17108-1245. 3. Defendant is represented by Jerry A. Philpott, Esquire, 227 No. High Street, P. O. Box 116, Duncannon, PA 17020. 4. The parties entered into a Separation and Property Settlement Agreement on January 6, 2010, wherein the parties consented to the attached QDRO. WHEREFORE, the parties respectfully request that the Court enter the attached QDRO. submitted, Ja ??erman, Esquire r eye . D. # 07047 2 5 Market t., Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Attomey for Plaintiff Respectfu I IyJsu b m itted, Jer . Philp uire A rney I. 624 7 No. Hig Street P. O. Box 116 Duncannon, PA 17020 Attomey for Defendant --. t -. FEB 112010 FILED- ; ?CE OF THE F`','-"! u 'NOTARY 2010 FEB 12 AM 11: 5 9 JESSIE J. RIDLEY, CUM-nE ! . ,± Plaintiff FEI`a'"iLtlr". VS. DEANNA L. RIDLEY Defendant 1,%g `COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-4878 CIVIL ACTION - DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER This Order is intended to be a qualified domestic relations order (QDRO) as that term is defined in Section 206(d)(3) of the Employee Retirement Income Security Act of 1974 (ERISA) and Section 414(p) of the Internal Revenue Code of 1986 (Code). This QDRO is granted in accordance with the Divorce Code of Pennsylvania, as amended, which relates to marital property rights, child support, and/or spousal support between spouses and former spouses in matrimonial actions. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED AS FOLLOWS: 1. The following terms as used in this Order shall be defined as follows: a. The term "Participant" shall be defined as Jessie J. Ridley, whose address is 313 Lamp Post Lane, Camp Hill, PA 17011-1459. The Participant's Social Security Number is 201-52-9337. The Participant's date of birth is October 7, 1970. b. The term "Alternate Payee" shall be defined as Deanna L. Ridley, whose address is P.O. Box 4492, Harrisburg, PA 17111. The Alternate Payee's Social Security Number is 159-54-7386. 1 The Alternate Payee's date of birth is December 4, 1968. c. The term "Plan" shall refer to the Hershey Creamery Company Savings Plan administered by Principal Financial Group. d. The term "Participant's Account" shalt be defined as that portion of P articipanfs vested portion of the Plan that has not been previously assigned under a QDRO or pledged as security for a loan to the participant. 2. The Alternate Payee is the spouse/former spouse of the Participant. This Order relates to the provision of support, alimony, or marital property rights in accordance with the Divorce Code of Pennsylvania, Aa amended, which relates to marital property rights, child support, and/or spousal support between spouses and former spouses in matrimonial actions. 4. The Alternate Payee is hereby assigned a flat dollar amount of EIGHT THOUSAND NINE HUNDRED FIFTY-EIGHT DOLLARS AND THIRTY-THREE CENTS ($8,958.33) from the Participant's Account valued as of September 30, 2009. 5. The Alternate Payee's award is entitled to earnings (dividends, interest, gains and losses) from the Valuation Date to the date that the award is segregated from the Participant's account. From and after the date of segregation, the Alternate Payee's award shall be held in an account under the Plan and shall be entitled to all earnings attributable to the investments therein. 6. The Alternate Payee will have investment discretion over the amount transferred to the Alternate Payee's segregated account. The Alternate Payee may elect to transfer all or a portion of the amount in her segregated account from one or more investment funds to any other 2 t investment fund at the times established under the Plan. If the Alternate Payee fails to make election, the Alternate Payee's segregated account shall remain invested in the investment funds previously selected by the Participant until such time as the Alternate Payee makes an investment election. 7. The amount assigned to Alternate Payee under paragraph 4 herein shall be distributed to the Alternate Payee in a lump sum as soon as administratively feasible after the Order is determined to be qualified by the Plan Administrator. g Participant's death shall have no effect on payment of the benefit assigned to the Alternate Payee herein. The Alternate Payee will not be entitled to any survivor benefits. 9. In the event the Alternate Payee dies before receipt of the assigned benefit, such benefit shall be payable to the designated beneficiary of the Alternate Payee or, if there is no designated beneficiary, to the Alternate Payee's (a) spouse or, if none, (b) living children or, if none (c) living parents or, if none, (d) living brothers and sisters or, if none (e) her estate; provided, however, that once benefits have commenced to the Alternate Payee, the form of benefit elected by the Alternate Payee shall determine what, if any, additional amounts are to be paid upon the Altemate Payee's death. 10. The Participant, Alternate Payee, and the Court intend this Order to be a QDRO. If this Order is subsequently determined not to meet the qualifications of a QDRO, the Participant and Alternate Payee hereby stipulate, covenant, and agree to resubmit this Order, after appropriate modification, to a Court of competent for its review and signature upon the Order. 11. The parties to this Order intend that it comply with the applicable provisions of 3 ERISA and the Code. Nothing in this Order shall require the Plan or Plan Administrator to: a. pay any benefits not permitted under ERISA or the Code: b. provide any type of form of benefit or any option not provided under the Plan: C. provide increased benefits (determined on the basis of actuarial value) under the Plan: or d. pay any benefits to the Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a QDRO. 12. In the event that the Plan trustee inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee, to the extent that he (the Participant) has received such benefit payments, and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. 13. The Participant shall pay all administrative costs charged by the Plan for review of this QDRO. 14. This Court shall maintain jurisdiction of the parties and the subject matter to Amend this Order to establish and maintain its status as a QDRO under ERISA and the Code. DATED THIS 1,?1k DAY OF 2016 ?aTES rn?.t ?c? I alr?.,? rd 4 Judge Agreed to by the parties: 7 sie J. Ridley 7 La6o,,2 v, Deanna L. Ridley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plainti? Vs File No. OL4 ?p ? IN DIVORCE It?Def t NOTICE TO RESUME PRIOR SURNAME ,:. i-M Notice is hereby given that the Plaintiff/ defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, l C=) or after the entry of a Final Dcoree in Divorce dated l a (D 0 (? hereby elects to resume the prior surname of MC0o- L. C-,oUd i , and gives this written notice avowing his / her intention pursu the provisions ofP.S. 04. Date: 40o(o Signature L. V I In Witness Whereof, I have hereunto set my hand herdunto et my hand and ofFicial seal, $1!• Od Inc..(.. Notary Public Signature of name being resumed COMMONWEALTH OF PENI?YLVANIA ) COUNTY OF (???, On the ? day of 20/? before me, the Prothonotary or the notary public, personally appeared the above afliant known to me to be the person whose name is subscribed to the within document and acknowledged that he /she executed the foregoing for the purpose therein contained.