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HomeMy WebLinkAbout96-03195 <c. .:.:. .:<<. .:c. .:+:. .:.:. .~.;. .:c. .:<<. .:.:. .:c. .:..:. .:.;. -:.;. .:+;. .:+;. -:+;. .:+;. .:+;. .:+:. :. .:+:. ':+:'." .:.:. .:+:- .:+;. .:+;. .:+;. .:.;. .:.:.. ';4 ~ .- -----._--- ',-- ------ -----.......-.....-..------~-_.._-, ~~-,~_.--- --..-~-_.--. '.. ~."""-"'" -~-_.~--~.-.....----......-...-. ~ ~ ~ ~\ IN THE COURT OF COMMON PLEAS * ~! ~ ~ ~ ~ $' ~ $ $ ~ $ ~ ... 8 ~ ~ ~ 8 $ 8 ~ $ 8 8 ~ " ~ 8 ~ . . '- ----~--- .. ... ... .ll(' * ~ ,', ~ ." ,~ ~ ,~ ~ ~ " i '.' OF CUMBERLAND ~' STATE OF ~~~ COUNTY PENNA. Judith A. Rudd, Plaintiff ;\;1), 3195 II) 96 Vt't'..;ll~ Jerry L. Rudd, Defendant DECREE IN '1 DIVORCE AND NOW,. ~rJv1~.. .IP.,.., 19 .~~..,' it is ordered and decreed that... . ,J:~c;l;l.t,h ..l\,...~l,u;lA , . .. , . .' .. , . . ., ,. , .., . .. . , .. plaintiff, and. . . , . . , . . . . . . ., Jerry, L. . Rudd. . ., , . , . , , , , . , , . . . .. . . . . . " defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; tJO~ , . , . . . . , , , , , ,'J'n.e . pfp.perl:y, .sel:,tlement. agreement. o.f . the ,par.ties. .ill ,., l.~:?~,~~:~.t,~~'. ,t,~<:>>':I~~ .n?t, n~er~.ed!, ~,~~h, .t,~~s.J.l!.cre,e~",.""... /, .. . ( (I n Y T ':\'",\ C r II r >( ---" / V AII,.,t: 1./" , .1 ,~~/., _/./ .,,<- " ~'Hfl,. 4 H':t.' t t ., ~Jt*,. 1.-::~'~r""''4I~ . ~~~ ~~ ~ r- ~.k '1<.):.'4 - j' /' l)fllthlll1ul",'v ~ .~.~.,~..*..*..*..~..*..*.,~"~..*..~.~:.~:..~..*. * ~ ~ '" " '" " ~ '.' ~ ~ ~ '" " ~ '.' ~ i.1 ~ '" " ,;; " :i: ,? .:.. ~ ~ ',' ~ ," '" " .~ ., ~ '" " ~ '.' ~ '.' (~ !'" ~ ~ .', ~ :; ~ ~ ;~ :~ >- .s u:; t..~ ,:-:: .. l ~.~ C"' ,.....,: )., t':\.. . .... '- '." - -1:'" fA' ~[' C1.. :.:j - .- ,0 In (. eO! ~'; ;J' . I Q, -II') 1'1.: ~ ) \J ;L-.. fo. e,,; l!. l() , u u' U >- ";"J a; W. i> ". ." ~n - /, [""!,~ " ~r- L'- .:.1 (0 \I~ ',',: " I , ~L. , .~; t.L lid r.,:!" ".J ' ~ ::l.. " too v; i I!~ "0 LJ u. ...) ,- (V, L:-,: 11~: r~ ..~':'J , .- 1J10 (J(. ,. f" 4";". . ' r' .1 i: . . t"l ) lJ.lll. 0 r;!,' . n. ; ~. I J l..< 'u.. f V, . 0.. _n ;) c...' en u r (') 0; W'. -l. 1-.- (,~.J IJJ~~' ~,};' , [J_ .-;' c'- ~':J 9~'-~ '.0 '(,', @I. !:- ~ U.1':_ 0 fl'" . (L iiQ C ~:~~ u.l 'I~ ,- V; u. ...0 :.:i u u' U lr. \D (.: ~ ,. N "i IE ,0'\;5 - .:)~~ '-'= ')21 ~! ,... ;~ Q, I f-, ~~ ~! ! ~ ':'ib r:.: J CiO- ll, H) ::) 0 en U ~ JUDITH A. RUDD, . IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. . CIVIL ACTION - LAW . : 96-3195 CIVIL TERM JERRY L. RUDD, . . Defendant . IN DIVORCE . PROPERTY SE'1"1'LEMENT AGREEMENT This Agreement is made between Plaintiff Judith A. Rudd ("Wife") of 1517 Terrace Avenue, Carlisle, Cumberland County, Pennsylvania, and Defendant Jerry L. Rudd ("Husband") of 511C South West Street, Carlisle, Cumberland County, Pennsylvania, parties in the above action, who agree as follows: 1. The parties were married to each other on December 22, 1956 at Erie, Pennsylvania. 2. As a result of the irretrievable breakdown of their marriage, the parties have separated and become parties to the above action. 3. The parties desire to settle the division of their marital property by amicable agreement. 4. Each party has fully disclosed the extent of his or her estate, income and financial prospects, and has been fully informed concerning the extent of the estate, income and financial prospects of the other. 5. Wife has retained counsel, who has represented her at all stages of this action, including preparation of this Property Settlement Agreement. Husband understands that he has the right to retain counsel to represent him in this action, including review of this Property Settlement Agreement, but has chosen not to retain counsel. 6. Husband agrees to convey all his title and interest in the marital home, located at 1517 Terrace Avenue, Carlisle, Cumberland County, Pennsylvania, to Wife, provided that Wife shall procure his release from all indebtedness connected to the marital home by refinancing the home in her name alone. 7. The refinancing contemplated by the parties, as described in Paragraph 6, will include payment to creditors of the parties, including Mellon Bank, Security Pacific, Inc., Northwest, Sears, Montgomery Ward, First U.S.A., American Express, Pennsylvania Power and Light, HFC and SubSidiaries, the Borough of Carlisle, and various medical care providers who have treated Wife. 8. In the event Wife cannot procure new financing, Wife undertakes, and Husband delegates all his authority to Wife, to sell the marital home on behalf of both parties. Wife further undertakes, and Husband delegates all his authority to Wife, to make payment to all creditors listed in Paragraph 7 out of the proceeds of the sale, to the greatest extent possible. In the event the sale proceeds do not allow for full payment of all such creditors, Wife shall pay each creditor an equal percentage share towards the total debt owed that creditor. Wife further releases Husband from all obligation regarding these debts. 9. In the evp.nt Wife can procure new financing as described in Paragraph G, Wife may either sell or retain the home at her option. WHen Wife sells the former marital home, Wife undertakes to pay to Husband the sum of $8000.00, to the extent such money has not already been paid, in contemplation of equivalent marital debt owed to the Internal Revenue Service by Husband. Should Wife retain the former marital home, Wife ag~ees to make payment to Husband in the amount . I i of $8000.00 over six years, with payment beginning eighteen months from the date of this agreement. 10. Wife agrees to pay her debt to John Stunder in full and to release Husband from all responsibility for this debt. 11. Wife agrees to surrender all interest in Husband's pension fund and retirement benefits obtained through Husband's former employment at Frog and Switch Manufacturing Company. 12. Wife and Husband have agreed upon and effected a division the small black and white television, the wood cup shelves, the four furniture, the stereo, the washer and dryer, the large dining set, of their joint personal property. Wife shall retain the living room one half of the kitchen furnishings, one half of the bedding and Korean pictures, the mixer, the toaster, the small refrigerator, towels, one half of the remaining pictures, and all property solely inherited from or given to her by parties outside the marriage before and during the marriage. Husband shall retain the bed and dresser, the large color teleViSion, the stove, the refrigerator, the dish washer, the small dining set, the bar stools, the lawn mower, the microwave oven, the coffee maker, the telephone and answering machine, all bar pictures and fil:tures, all family pictures, one half of the kitchen furnishings, one half of the bedding and towels, one half of the remaining pictures, and all property solely inherited from or given to him by parties outside the marriage before and during the marriage. Husband and Wife shall retain his and her own clothing, toiletries and other personal effects. parties and their heirs, executors, administrators and assigns. 12. This Agreement shall bind and inure to the benefit of the .... "" l!: h~ ;:~ C'J ~ ltJ~: , (.J.. rot' ~. t_ ,. J I.,... (")( t:) " G)' , .,r, , c~ , " d [IL 4. -'I.. v: v; - lL .n , () a' U .