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HomeMy WebLinkAbout09-5114STEPHEN MATTHEW RILEY, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. : NO. CIVIL TERM KELLY A. RILEY, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR DIVORCE / CUSTODY 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 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 at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. 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 (717) 249-3166 1-800-990-9108 STEPHEN MATTHEW RILEY, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. NO. CIVIL TERM KELLY A. RILEY, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR DIVORCE / CUSTODY COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, STEPHEN MATTHEW RILEY, by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following consolidated complaint in divorce for divorce and custody. Plaintiff is STEPHEN MATTHEW RILEY, an adult individual, who resides at 704 Alison Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17055. The Plaintiff has resided in Cumberland County for over six (6) months. 2. Defendant is KELLY A. RILEY, an adult individual, who resides at 704 Alison Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on May 24, 2003. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaintiff has chosen not to engage in, or to request any counseling. 8. Neither Plaintiff nor Defendant were ever members of the United States Military Service. 9. Plaintiff and Defendant have two (2) children from their marriage, ELIZABETH GRACE RILEY, born October 14, 2003 and MOLLY KATHERINE RILEY, born on November 14, 2005. COUNT I - REQUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference thereto. 11. After ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, STEPHEN MATTHEW RILEY, respectfully requests the court to enter a Decree of Divorce pursuant to section 3301(c) of the Divorce Code. COUNT II - REQUEST FOR CONFIRMATION OF CUSTODY UNDER SECTIONS 3104(a)(2) and 3323(b) OF THE DIVORCE CODE 12. Paragraphs 1 through i l of this Complaint are incorporated herein by reference thereto. 13. The parties are the parents of the following minor children who reside with the Plaintiff and the Defendant at this time: NAME AGE SEX DATE OF BIRTH ELIZABETH GRACE RILEY 5 years Female October 14, 2003 MOLLY KATHERINE RILEY 3 years Female November 14, 2005 16. During the past five (5) years the children have resided with the parties and at the addresses herein indicated: WITH WHOM AD FROM / TO Plaintiff and Defendant 17. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 18. There are no other proceedings pending involving custody of the children in this or any other state. 19. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 20. The best interests of the children will be served if Plaintiff and Defendant have Shared Legal and Physical Custody of their children. WHEREFORE, Plaintiff, STEPHEN MATTHEW RILEY, requests this Honorable Court grant Plaintiff, STEPHEN MATTHEW RILEY, and Defendant, KELLY A. RILEY, Shared Legal and Physical Custody of the minor children, ELIZABETH GRACE RILEY and 704 Alison Avenue Mechanicsburg, PA 2003 to Present MOLLY KATHERINE RILEY, as in the children's best interest. Dated: July 2009 Respectfully Sul LAW FIRM OF 5us',"At Kay Can o; Esq? Counsel for P ainti PA I.D. # 64 8 4010 Glenfinnan lace Mechanicsburg PA 17055 (717) 724-2278 IELLO, P.C. . A VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 DATED: ?W ( i }rAPY 2C?9JUf 27 Pl4, 2: Gl?ta? 440.5o M ATr/ C& I? q e aas q41 .,pt ull- C,,, ----- LAW FIRM OF -- SUSAN KAY CANDIELLO, P.C. N URSE/ATTORNEY/MEDIATOR 4010 GLENFINNAN PLACE, MECHANICSBURG, PENNSYLVANIA 17055 (717) 724-2278 FAX (717) 724-2279 Email: skc_law®yahoo.com Web: www.candiellolaw.com July 25, 2009 Prothonotary's Office Cumberland County Courthouse 1 Courthouse Square Carlisle PA 17013-3387 RE: Stephen Matthew Riley vs. Kelly A. Riley Action for Divorce/Custody Dear Sir or Madam: Enclosed for filing please find an original and three (3) copies of the Complaint for No- Fault Divorce Under Section 3301(c) of the Divorce Code, with regard to the above-referenced matter. Our check in the amount of $440.50 for the filing fee is also enclosed. Please return three (3) time-stamped, conformed and certified copies to me in the self-addressed, stamped envelope I have provided. As required by Local Rule, I have provided a copy of the Order and an addressed, stamped envelope for the Defendant, Kelly L. Riley. I have not provided a fourth copy for a custody conciliator, because we will not renrrire Thank you for your cooperation. Please call me if you have any questions or if you need any additional information. Sincerely, Susan ay Candi to Enclosures 0 STEPHEN MATTHEW RILEY, PLAINTIFF vs. KELLY A. RILEY, DEFENDANT IN THE COURT OF COMMON PLEAS of CUMBERLAND COUNTY, ~// ~/ NO. 2Q09-~83~~CIVIL TERM : CIVIL ACTION -LAW ACTION FOR DIVORCE AFFIDAVIT OF SERVICE CERTIFIED MAIL Be it known, that on August 5, 2009, comes, SUSAN KAY CANDIELLO, who states as follows: 1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania. 2. I represent Stephen Matthew Riley, Plaintiff in the above-captioned matter. 3. On July 30, 2009, a true and correct copy of the Complaint for No-Fault Divorce Under Section 3301(c) of the Divorce Code, was deposited for delivery with the U.S. Postal Service in Mechanicsburg, Pennsylvania, being CertifiedJFirst Class Mail, restricted delivery, return receipt requested, Article No. 7008 3230 0002 2511 7126, and addressed to the Defendant, Kelly A. Riley, 704 Alison Avenue, Mechanicsburg, Pennsylvania, 17055. 4. The return receipt card signed by the Defendant, Kelly A. Riley, showing a date of service of July 31, 2009, is attached hereto as Exhibit "A". 5. Pa.R.C.P. 403. Service by certified mail meets the requirements of Pa.R.C.P. 404(2) and ~ Restricted2DeiMery desi ^ Print your name and address «, the reverse so that we can return the card to you. ^ Attach this card to the back of the matlpieoe, or on the front R space pemrits. t. Articcle Add/,rf/en~t~sed to: ~7 0 ~ ~-~ ~v~-0 b ~~ ~a~ 1Z©~~ 2. Muole trrarrbe- (Arr~r Aom service ~ ~( ,~\ ~ Aeern ~J ^ /~ddresaee by ~ lueame~ c. ~ 7~l ~ _ 4~ ~~; ti /J ~ r D. b delivery address dRFeterrt tram RYES, errter delivery eddrese 7008 3230 a hype . ~ ; •..__...- ~•~ \.P~ cerRffed Mail ~ E7rpreee ~. _ __-f O iced O Rddxr, Reoolpt for nAaarandbe ^ irretred Mail D c.o.o. a. Restricted Oblivery? tFxtrs Fee) O lba 0002 2511 7126 P3 Form 3811, February 2004 oomesdc Return Receipt ,oxsosa':~t-,s~o Ezhibit "A" r t-,.~ 1 _.r_. eCL~9 rya -:• ~ 'a ±~ ~.~ ;~ F;: ,, STEPHEN MATTHEW R,ILEY, : IN THE COURT OF COMMON PLI???S ?°n PLAINTIFF : OF CUMBERLAND COUNTY, _ _ rn : PENNSYLVANIA ?r ?r^ va. : NO. 2009-5114 CIVIL TERM r w j Q KELLY A. RILEY, : CIVIL ACTION - LAW n rn DEFENDANT : ACTION FOR DIVORCE / CU"*-_ 4 STIPULATION FOR AGREED ORDER OF CUSTODY The Plaintiff (hereinafter sometimes referred to as "Father") is STEPHEN MATTHEW RILEY, who currently resides at 432 Church Street, Ambler, Montgomery County, Pennsylvania, 19423. The Defendant (hereinafter sometimes referred to as "Mother") is KELLY A. RILEY, who currently resides at 1343 Needham Circle, Hatfield, Montgomery County, Pennsylvania, 19440. ELIZABETH GRACE RII.EY (hereinafter sometimes referred to as "Grace'), born on October 14, 2003, and MOLLY KATHERINE RILEY (hereinafter sometimes referred to as "Molly"), born on November 14, 2005, are the subjects of this Stipulation for Agreed Order of Custody. It is Plaintiff and Defendant's belief that it is in the best interests of their minor children to have a meaningful ongoing relationship with both their natural Mother and natural Father, provided the children are in a safe environment. WHEREFORE, Plaintiff, STEPHEN MATTHEW RILEY, and Defendant, KELLY A. RILEY, have entered into a mutual agreement regarding the custody of their children and respectfully request this Honorable Court to enter the following Order: 1. Plaintiff and Defendant shall share Legal Custody (as defined in 23 Pa.C.S.A. Section 5302) of their minor children, ELIZABETH GRACE RILEY and MOLLY KATHERINE RILEY. 2. All decisions affecting their daughters' growth and development including, but not limited to: choice of camp, if any; choice of day can provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving their daughters, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be considered major decisions and shall be made by Father and Mother, jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in their daughters' best interest. 3. Mother and Father agree to keep the other informed of the progress of their daughters' education and social adjustments. Mother and Father agree to communicate with each other and not to use their daughters to avoid communication with the other parent. Mother and Father agree not to impair the other's right to shared legal or physical custody of their daughters. Mother and Father agree to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of their daughters. 4. While in the presence of their daughters, neither Mother nor Father shall make, or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom their daughters should respect and love. 5. It shall be the obligation of each parent to make their daughters available to the other 2 in accordance with the physical custody schedule and to encourage their daughters to participate in the plan hereby agreed and ordered. 6. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom their daughter are physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Day-today decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Mother and Father shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. Both parents' names shall be listed with the school their daughters attend as parents to be contacted in the event of an emergency, and to be notified regarding school events. Each party shall provide the other, promptly after receipt, with copies of report cards and notification of major school events 9. Neither Mother nor Father shall schedule activities or appointments for their daughters, which would require their attendance or participation at said activity or appointment during a time when their daughters are scheduled to 'be in the physical custody of the other parent without that parent's express prior approval. 3 10. Mother and Father have agreed Mother shall have Primary Physical Custody and Father shall have Partial Physical Custody of their minor children, ELIZABETH GRACE RILEY and MOLLY KATHERINE RILEY, in accordance with the following schedule: A. Father shall have the children every other Friday after school through Wednesday morning when Father shall take the children to school or day care; B. The parties shall alternate and/or share the following holidays. The parties have agreed they will make decisions regarding where the children will be on holidays based upon what is in the children's best interest: 1) New Year's Eve and Day; 2) Memorial Day; 3) Labor Day; 4) Independence Day; 5) Halloween; 6) Easter; 7) Thanksgiving; 8) Christmas. Mother and Father shall alternate Christmas with Mother getting Schedule A in the odd numbered years and Schedule B in the even numbered years. Father shall have Schedule B in the odd numbered years and schedule A in the even numbered years, to alternate annually thereafter. A. To begin Christmas Eve Day at 9:00 a.m. through Christmas Day at 2:00 p.m. 4 B. To begin Christmas Day at 2:00 p.m. through the day after Christmas Day at 8:00 p.m. C. Father shall have the children on Father's Day and Mother shall have the children on Mother's Day; D. Mother and Father agree to contact each. other in a timely manner to give each other "Right of First Refusal" for any time when they will not be with their children for more than four (4) hours. Such times shall include, but not be limited to, days their children are ill and unable to attend school, any days their children are not scheduled to be in school, snow days, any time a parent is scheduled to be out of town, any time a parent will be attending another event and/or activity, etc; E. Mother and Father shall each have the option of requesting one to two (1-2) consecutive weeks of vacation time with the children. The parties agree they will put the children's best interests first and will not interfere with each other's plans for a vacation. They agree to provide each other with notice and information concerning any vacation they want to take with the children as soon as they have that information. Should they both desire the same time with the children the parent making the request first shall have the time requested; F. The parties are encouraged to discuss and cooperate with each other when sharing and making requests for changes in periods of visitation. All permanent changes in periods of custody from those contained in this custody agreement shall be made in writing and signed by both parties; 5 G. All holidays, vacations, and specially designated times for visitation with the children shall supersede the regularly scheduled visitation. 11. The custodial parent shall allow liberal communication with the non-custodial parent, whether by telephone or email. 12. Mother and Father agree to be responsible for any ordinary everyday expenses which occur during their individual custody periods with the children. 13. During any period of custody or visitation, the parents shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 14. Neither party will smoke cigarettes or tobacco products nor allow others to smoke in the presence of their children. 15. The parent with physical custody of the children agrees to keep the other parent fully aware and informed of any successes, difficulties, activities, emergencies, etc., in which their children have become involved. 16. Mother and Father agree to provide each other with current information regarding the children. Mother and Father also agree to have each other listed as an emergency contact with any adult and/or agency their children interact with. 17. Mother and Father agree to share transportation equally, with the parent who is beginning their period of custody getting the children. 6 18. Mother and Father agree to provide each other with written notice of their intent to relocate more than sixty (60) miles from their present location, a minimum of ninety (90) days prior to their move. 19. If the parties disagree and/or are unable to reach a joint decision regarding their children, they agree to utilize either Counseling or Mediation to assist them to reach a resolution before resorting to seeking a resolution through the court system; 20. Mother and Father shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change shall be in writing and9siigned by both parents. WITNESS 4?' WITNESS COMMONWEALTH OF PENNSYLVANIA 4 ?? SS: COUNTY OF On this, the day of /, 2010, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared STEPHEN MATTHEW RILEY known to me (or satisfactorily proven) to be the person whose name is subscn'bed to the within Custody Stipulation, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and seal. No tary PuWc MY Comrsigg"" J" 8N M3 COMMONWEALTH OF PENNSYLVANIA SS: ?r fi COUNTY OF On this, the 30 day of / 2010, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared KELLY A. RILEY known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Custody Stipulation, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notary My CommPu* // 3d l3 ission Expires: WNW IM AU SOM Nftypaft 1IWAM yTw.. NI010 www ONTY mm E.MS &Oka fty l0 ws s s STEPHEN MATTHEW RILEY, . IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVAMH AN 13 "n 1 24 VS. NO. 2009-5114 CIVIL TERM KELLY A. RILEY, : CIVIL ACTION - LAW DEFENDANT ACTION FOR CUSTODY ORDER OF COURT i-' Q1011 AND NOW, this day of _ d? 29}9; upon consideration of the attached Stipulation for Agreed Order of Custody, Plaintiff, STEPHEN MATTHEW RILEY, and Defendant, KELLY A. RILEY, shall SHARE LEGAL CUSTODY and Defendant, KELLY A. RILEY, shall have PRIMARY PHYSICAL CUSTODY and Plaintiff, KELLY A. RILEY shall have PARTIAL PHYSICAL CUSTODY of their minor children, ELIZABETH GRACE RILEY and MOLLY KATHERINE RILEY, in accordance with the language contained in the within Stipulation. BY THE COURT, J. ? ? ?.r,dlello ? ? ,«..? Aded Kelly A OOP bK6 --r C ? r ?-' ' .yam Oq- 5414 MARITAL PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is entered into this I day of , 2014, by and between STEPHEN MATTHEW RILEY and KELLY A. RILEY. RECITALS Wife's Birthday and Social Security Number: September 19, 1974 181-68-5865 Husband's Birthday and Social Security Number: June 23, 1966 200-42-0597 Date of Marriage: May 24, 2003 Place of Marriage: Mountain Top, Pennsylvania c i_ Last Marital Residence: 704 Allison Avenue, Mechanicsburg, PA 17055-� -' CTI rn � Date of Separation: December, 2009,,' r- Children: ELIZABETH GRACE RILEY, born on October 14, 2003 .-C3 MOLLY KATHERINE RILEY, born on November 14, 2005 i Pending Court Proceedings: None Divorce Court of Common Pleas No. 2009-5114 of Cumberland County, Pennsylvania WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation: the ownership and equitable distribution of marital property; the past, present and future support, and/or maintenance of Wife by Husband; and, in general, 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, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1 r . d PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other at all times and at all locations, including but not limited to each party' s place of work, nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: (a) 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 may have or at any time hereafter have 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, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. (b) 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 or otherwise, 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 by way of dower, curtesy, widow'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. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. 2 (c) Except for any cause of action for divorce which either party may have or claim to have, and 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. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. AGREEMENT TO BE INCORPORATED BUT NOT MERGED INTO DIVORCE DECREE In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree. This agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce caption. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. Concurrently with the execution of this Agreement, the parties shall sign Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Final Divorce Decree. Husband shall be responsible for filing these documents and finalizing the divorce. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 3 ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Susan Kay Candiello, Esquire, for Husband. Wife has been apprised of her need for counsel and has waived her right to counsel. (Please see Waiver of Right to Counsel attached hereto and made a part hereof at Exhibit "A") The parties acknowledge that each has been advised of their right to obtain independent legal advice from counsel of their selection and that they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. VOLUNTARY EXECUTION Each party understands the terms and conditions of this Agreement and acknowledges that the Agreement is fair and equitable. The parties have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding this provision, under applicable Pennsylvania law, the parties understand that any provision of this Agreement relating to child support or to custody shall be subject to modification by the Court upon a showing of changed circumstances. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 4 ADDITIONAL INSTRUMENTS Wife and Husband covenant and agree that they will forthwith within a reasonable time, but not longer than thirty (30) days after demand is made by the other party, execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. 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 any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Susan Kay Candiello, Esquire, at the Law Firm of Susan Kay Candiello, 710 Gladstone Court, Mechanicsburg, Pennsylvania 17055, or such other address as Husband from time to time may designate in writing. Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Kelly A. Riley, at 1343 Needham Circle, Hatfield, Pennsylvania, 19440-4132, or such other address as Wife from time to time may designate in writing. 5 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. BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor -spouse, and the debtor -spouse hereby assigns, transfers and conveys to the creditor -spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor -spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. EXISTING AND FUTURE PERSONAL OBLIGATIONS Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. ENFORCEMENT The parties intend that this Agreement shall be subject to enforcement under the Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein 6 that may be construed to the contrary, this Agreement is not subject to modification except under such terms as the parties have specifically provided for in this Agreement. REMEDIES AND SANCTIONS In addition to such other remedies and sanctions available under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, to enforce any term of this Agreement as though it had been an order of the Court. ATTORNEY'S FEES FOR ENFORCEMENT In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees incurred by the other party in enforcing the Agreement, provided that the enforcing party is successful in establishing that a breach has occurred. EQUITABLE DISTRIBUTION 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property; and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon any claims, which either may have with respect to the above items, which shall hereafter be the sole and exclusive property of the other. Wife has some items of personal property remaining at the marital residence, which Husband has agreed may remain at the marital residence until such time as Wife is able to move to a larger residence. 2. MOTOR VEHICLES Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including their motor vehicles. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax-free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on execution date. In the event that any documents of title to the said vehicles shall be in the hands of a bank or other holder of a lien or encumbrance upon either of the said vehicles, and it is intended that 7 such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or lienholder as to the transfer of title and they further agree to execute whatever documents may be required to transfer title where the parties' documents of title are in the hands of such bank and/or lienholder. 3. BANK ACCOUNTS The parties have closed and divided assets on all joint accounts and divided any monies remaining in these accounts to their mutual satisfaction. Wife has opened a checking and savings account with Wells Fargo Bank, Husband shall specifically waive, release, renounce and forever abandon any claims he may have with respect to the Wells Fargo checking and savings accounts of Wife. The funds in these accounts shall hereafter be the sole and exclusive property of Wife. Husband has opened a savings and checking account with Wells Fargo Bank. Wife shall specifically waive, release, renounce and forever abandon any claims she may have with respect to the savings and checking accounts with Wells Fargo of Husband. The funds in these accounts shall hereafter be the sole and exclusive property of Husband. The parties agree that they will execute any documents necessary to effectuate the provisions of this Paragraph on execution date. 4. LIFE INSURANCE Wife does not have any life insurance. Husband has term life insurance through his employer. Husband shall make the children equal beneficiaries of his life insurance. 5. RETIREMENT INTEREST Husband Husband has a Wachovia Securities Account. Wife hereby agrees to specifically release and waive any and all interest, claim or right she may have in Husband's Wachovia Securities Account. Wife Wife has a retirement plan under PSERS through the State of Pennsylvania. Husband hereby agrees to specifically release and waive any and all interest, claim or right he may have in Wife's PSERS account. 6. MARITAL RESIDENCE / DIVISION OF EQUITY Marital Residence/Value Husband and Wife jointly owned the marital residence located at 704 Allison Avenue, Mechanicsburg, Pennsylvania, 17055. Husband and Wife have sold the marital residence. There was no equity in the marital residence. 8 7. JOINT DEBTS AND LIABILITIES The joint debts incurred during the marriage have all been satisfied. Each party warrants to the other that he/she does not have any credit cards in joint names. Any obligations incurred by either party in his or her individual name, whether incurred before or after the parties' separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred. 9. SEPARATE ASSETS A. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof. B. Limitation to Assets Disclosed: The above release is subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim, which he or she may have in assets, which have not been disclosed. C. Definition: The term "separate asset" is defined for purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset which is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. D. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. 10. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 11. RELEASE OF SUPPORT AND ALIMONY / ACKNOWLEDGMENT OF ADEQUACY 9 The parties herein acknowledge that by this Agreement they have each respectively secure sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement 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. It shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 12. INCOME TAX RETURNS Husband and Wife have filed joint income tax returns while married. If the parties are entitled to a refund and/or incur any liability as a result of joint income tax returns filed during the parties' marriage, the refund and/or the liability shall be equally divided between them. The cost of preparing and handling any prior income tax return from the parties' married years shall be shared equally between them. Husband and Wife agree to promptly make available to each other all records and information necessary or helpful for the preparation of any tax returns, any claim for refunds, and defense of any tax audit. 13. COUNSEL FEES AND EXPENSES Husband and Wife have agreed to be responsible for their individual counsel fees and expenses incurred in connection with the parties' marital dissolution. Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first writte above. ITNESS W 1'NESS LY A. ' ILE 10 WI ST PHEN A r HEW RILEY HUSBAND SS: COUNTY OF On this, this, the Ifirr tay of vi , 2014, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared STEPHEN MATTHEW RILEY known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Custody Stipulation, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand nd notarial se COMMONWEALTH OF PENNSYLVANIA COUNTY OF 00 Vik9 owlet On this, the day of WOJ' , 2014, before me, a Notary Public undersigned officer, personally appeared KELLY A. RILEY known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Custody Stipulation, and acknowledged that she executed the same for the purpose therein contained. ota y Public NOWT FOOLIC OF NEW JERSEY CNN D Malony FIL•Cirstimber on Eatpires 7, 2010 - SS: for the Commonwealth of Pennsylvania, t IN WITNESS WHEREOF, I have set my hand and notarial seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DANIELLE MARIE GRAFTON Notary Public WHITPAIN TWP., MONTGOMERY COUNTY My Commission Expires Apr 30, 2017 11 Notary Public STEPHEN MATTHEW RILEY, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA KELLY A. RILEY, vs. : NO. 2009-5114 CIVIL TERM rn x�• rn : CIVIL ACTION - LAWcn,_ DEFENDANT : ACTION FOR DIVORCE / CU Ycr <cD� ter,• AFFIDAVIT OF CONSENT rpt 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 27, 2011. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I k:. may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 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 verify that the Statements 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 490' , relating to unsworn falsification to authorities. l ao DATE PHATTHE / RILEY 0 STEPHEN MATTHEW RILEY, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, KELLY A. RILEY, PENNSYLVANIA c -n a vs. : NO. 2009-5114 CIVIL TERM z, r — : CIVIL ACTION - LAW ��- DEFENDANT : ACTION FOR DIVORCE / CUA' -OD v WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. ry 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sectio • 904 relating to unsworn falsification to authorities. 8/114 (13`Ot DATE EN ATTHEW ' ILEY 0 STEPHEN MATTHEW RILEY,' PLAINTIFF vs. DEFENDANT KELLY A. RILEY, IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 2009-5114 CIVIL TERMmc _ rn : CIVIL ACTION - LAW "' r— : : ACTION FOR DIVORCE / CqrTODY D --� r\) AFFIDAVIT OF CONSENT-< 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 27, 2011. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 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 verify that the Statements 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. c c t A3+` - DATE 0 STEPHEN MATTHEW RILEY, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, PENNSYLVANIA • VS. : NO. 2009-5114 CIVIL TERM -0Z .r • KELLY A. RILEY, : CIVIL ACTION - LAW a c--,';== DEFENDANT : ACTION FOR DIVORCE / CUS .Dr— Zr- ---:- ...9. - -: r. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OA cv` DIVORCE DECREE UNDER SECTION 3301(c) OF DIVORCE CODE "`' G � 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this 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. Q� til "ON DATE STEPHEN MATTHEW RILEY, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. • : NO. 2009-5114 CIVIL TERM r s rte,, cam; KELLY A. RILEY, : CIVIL ACTION - LAW --t DEFENDANT : ACTION FOR DIVORCE / CUStY n =_ c PRAECIPE TO TRANSMIT RECORD -�<�' 7 ,_ > (^7 TO THE PROTHONOTARY: = c : �_, w1 Kindly transmit the record, together with the following information, to the Cnxzrt or ei ry of a divorce decree: 1. The ground for divorce is irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. The Complaint was filed on July 27, 2009. 3. Date and manner of Service of the Complaint: On July 31, 2009, by Certified Mail, return receipt requested, restricted delivery, as evidenced by the Affidavit of Service filed on August 6, 2009. 4. The Plaintiffs Affidavit of Consent was executed by the Plaintiff on August 9, 2014, and filed on August 15, 2014. The Defendant's Affidavit of Consent was executed on August 1, 2014, and filed on August 15, 2014. 5. Plaintiff executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on August 9, 2014, and said waiver was filed on August 15, 2014. Defendant executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on August 1, 2014, and said waiver was filed on August 15, 2014. 6. There are no related claims pending. The parties have resolved all related issues by written Marital Settlement Agreement dated August 1, 2014, which will be incorporated into the Divorce Decree as per Paragraph two, on page 3 of the Agreement. Date: Respectfully submitted, Susan Kay Can ie ilo, Esquire Attorney I.D. 64998 710 Gladstone Court Mechanicsburg, PA 17055 (717) 724-2278 telephone 0 : IN THE COURT OF COMMON PLEAS OF STEPHEN MATTHEW RILEY : CUMBERLAND COUNTY, PENNSYLVANIA • V. : • KELLY A. RILEY NO. 2009-5114 DIVORCE DECREE AND NOW, , 20iy" , it is ordered and decreed that STEPHEN MATTHE RILEY , plaintiff, and KELLY A. RILEY , 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.") NONE e ' ort, Thomas A.Placey Attest: • • •'eas u• �ze Prothonota ea+ a 0_a ndiello No-Fice + CopY mai le it debt Mailed