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HomeMy WebLinkAbout96-04642 .:.;. .:+;. -:.;. -:+;. .:.:. .;.;. .:+:. -:+:. -:+:. -:0;' -:.;. -:+;. -:.: .:.: .:.;.:.:. .:.;. -:.:. .:.;. .:.; -:.:- .;.~. -:.;. .:.:. .;.;. .;.::.;.:.;. .;.: ':4 ~ ~ $: .. ~', ~ ""; ~8~ ;\>(~4::~r~: PEN N A, -\. ":V~.>~ . '- :!: ~ . :~ ~ ~ ~. "'1 IN THE COURT OF COMMON PLEAS ~; OF CUMBERLAND COUNTY ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ STATE OF ELIZABETH JUNE RUDICK \' (. I'~ I : JOHN HERBERT RUDICK ~ ~ ~ ~ ~ AND NOW, ' , decreed that <~ i, ;~ \.<1, 96 4642 1'.86 i~ '~ :~ ,~ .~ , , !~ '~ DECREE IN DIVORCE \IJ\t~~, ,I 'l" 191'1, ,~ i~ )~ ~ , it is ordered and ;~ , ,E(..IZAI;\J;:TH ,JUNE ,RUD,ICK '. plaintiff, delendant, .~ :~ ~ ~ and"", ' , , , , , JOHN, HERBERT, RUD,ICK, ' i~ " )~ i,.' I, ~ ~: );" ,~ i~ :~ '~ are divorced Irom the bonds of matrimony, ~ ~ ~ ~ .!, ~ The court retoins jurisdiction 01 the following claims which have been raised 01 record in this action lor which 0 finol order hos not yet been en:ered; V, )Jv&.. ~ ~ ~ .' ., ~ ~ ~ ~ ~ :.?;. .:.:. .:+:. .:.;. .:+:. .~+;. .:+:. .:+:- ':.:. ':.:. .:+:- .:.;. -:+;. ~ :.' ~ ~ ....,..J/, , / , . " li/ / fly TI1(. /~{l,lrt: /< "}//"',, , ^".", V~~ ~ .I, , :~ ,~ :~ ~ ~ PrntllOllotal'Y ~ ,~ ~: .~.**.~..:~.~..~..~.~:.~.~~.~..~..~~.~. SAlOIS. SHUFF & MASLAND A1TORNEYSIATlLAW 26 W.lIlgh Street Carlisle. P^ releases the ot.her. fr'Olll ']I1Y dlld ,111 cla.irns, or demAnds up to the date of execution hf~n7of. (3) The parties ate L!J(~ OWIJ.)lS ot cerlain real estate with improvements thet"eon er"ected known and l1ullloet-ed as 25 Kim Acres Dri ve, Upper Allen '['ownsh i p, Cuml)'" I ilr,,1 County, pennsyl vania, wife agrees upon the execution or this Agreement to convey the real estate by deed or special wan:anty to Husband. Husband shall assume full responsibility for all household exnenses, including but not limited to, the first and second mortgages, liens of record, utility bills, insurance and real estate taxes in connection with said property, vlith regard to all such expenses, Husband hereby agrees to hold Wife harmless and indemnify her from any loss thereon, Husband agrees that he will make a good faith effort to refinance the outstanding first and second mortgage within 6 months from the date of this Agreement, Husband further agrees that he will make a good faith effort annually thereafter, (4) In the event that either party contracted or incurred any debts since the date of separation July 28, 1996, the party who incurred said debt shall be responsible for the payment thereof regardless of the narhe in which the debt may have been incurred, Wife specifically agrees to assume the PHEAA loans whether or not they were incurred during the marriage, (S; Each party relinquishes any right, title and interest he or she may have to any a"d all motor vehicles currently in possession of the other party, Each party shall execute any documents necessary to have said vel,icles properly registered in - 2 the other parLy's na'll'~~ with t.he P;~lltlBylvania Department of Transportat ion. Each P'H'ty shall assume full responsibil ity of any encumbrance all th;::> motor. vehicLp t'I"~('eived by said partYI i'.1Ild shall hold harmless ilnd indemnlfy the oth",r pilrty from any loss thereon, (6) The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto, This agr'eement shall have the effect of an assignment or bill of sale from each party to the other for such property as mAY be in the individual possession of each of the parties hereto, The parties agree that with regard to the family photos the shall meet to discuss the division of the same, In the event th parties cannot reach an agreement as to particular photos, then in such event they will alternate selections, wife shall hAve the first selection and each odd number selection thereafter, Husband shall have the second selection in each even numbered SAlOIS, SHUFF & MAS LAND ATTORNEYS_AT'IAW 26 W.llIghSlreet Carlisle, PA selection thereafter. In the event the non-selecting party desires a copy of said picture, that party shall pay the reproduction cost of the photo, (7) Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal - 3 - SAIDIS, SHUFF & MASLAND ATrCMl.NEY!;eATeL\W 26 W. IIlgh Slreet CarU,le. PA property currently titled in the name ol or in the possession of the other party, i.ncluding but not 1 imiLed La bonds, insurance, bank accounts and retirement accounts. The provisions of this paragraph shall specifically include a release by Wife of Husband's Delaware Group IRA, Woodmen of th World Annuity IRA, IBM TDSP, IBM Pension, and any benefits by reason of employment with Morrison Knudson, The provisions of this paragraph specifically include a release by Husband of Wife's TIAA-CREF and Southern Baptist Convention Annuity, (8) The parties are the owners of 14 shares of IBM stock, The parties agree that this stock shall be divided equally withi thirty (30) days of the date of this Agreement, (9) , The parties agree that legal custody of their minor child, JAMES A, RUDICK, shall be joint, with both parties having the right to make major parenting decisions affecting the child' health, education and welfare, Husband shall have primary physical custody of the child subject to periods of partial physical custody with Wife as mutually agreed between the parties, (10) Support for the minor child shall be as ordered by a Court of appropriate jurisdiction from time to time, There is currently a support order entered against Wife and in favor of Husband filed to No, 877 S 1996 in the Court of Common Pleas of Cumberland County, The parties agree that in the event of a material change in circumstances of either party, or a change in the custody - 4 - SAlOIS, SHUFF & MAS LAND ATI'ORN1':YS.AT.!.AW 26 W.III&h Slfl~el Carlisle, PA arrangements set forth herein, the amount of support payments shall De subject to appropriate adjustment by agreement or Order of Court, (11) Husband shall not pay to Wife nor Wife to Husband any sum whatsoever as alimony, alimony pendente lite, or for his or her support or maintenance, (12) Each party is now represented by counsel of his and he own choice, Wife is represented by R, Mark Thomas and husband b Robert C, Saidis, Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf , (13) Neither party shall contract or incur any debt or liability for which the other party or his or her property or estate may be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party, (14) Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provision of this Agreement. (15) Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect - 5 - SAID IS, SHUFF & MAS LAND A1TOIlNE.YSIATIUW 26 W. HIgh Street Carlisle, P^ to the following: A, All liability, claims, causes of action, damages, costs, contributions, expenses or demands whatsoever in law or in equity; B, 1'.11 rights, title, int.erest or claims in or to any property of t.he other, whether real, personal or mixed and whether now owned or hereafter acquired; C, All rights of curtesy and dower and all claims or rights in the nature of curtesy and dower; D, All widow or widower's rights; E, All rights, title and interest or claims in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exempt.ion or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision, F, 1'.11 rights or claims to any accounting; G, All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; - 6 - SAlOIS, SHUFF & MAS LAND AT'T'ORNEVS'ATotJ\W 26 W. lII&h Str~et Carlble. P^ (19) This IIgl'eemeltt COltst i Lut'", th" ","l i r" ulluerstalldillg between the parties and there r.lte 110 covPIlr:tnLfl, condi.tions, representations, or Flgreel11p.Tlts, or'll nJ- Wt-jt I PIl, of any nature whatsoever, other than those herein cOIILalllerJ. (20) This IIgreemellt shall billu the part les her'eto, their respective heirs, executors anu assigns, IN ~IITNESS ~ilIE1/EOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day an year first written above, Witness *\(.~:-,~p Johr H, Rudick Witness _ F ~ll'( 'n1lciu6../ E, JU(JI Rudick COMMONWEALTH OF PENNSYLVANIII COUNTY OF CUMBERLAND On this, the gfl.- day of rC'h~W111j, 199~, before me, the undersigned officer, personally appeared John H, Rudick, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunt and official seal, L) COMMONWEALTH OF PENNSYLVANIII KAHOl L LENKER. HOTARV PUeUC CMlJSlJ! BOAO, CUIIIIEIlINID COUNTY MY'--- ig ~EXARE8f'EBAlJ.tm'm.20cn COUNTY OF CUMBERLIIND On this, theo~I:,?I"{ day OfJC/JUUlI'j , 199V, before me, undersigned officer, personally appeared E, June Rudick the known to me (or satisfactorily proven) to be the person whose - 8 - name is subscribed to the within instrument, and acknowledged that she executed the same [or the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal, """' (ha<.<<'f!f-'''^"' Nofarlal S.al Ann. Carmody, Nofary Public Mechanlcsburg Bora, Cumberland County My CommIssion Exphes Mar. 11. 2002 SAIDIS, SHUFF & MASLAND ATTORNEVS.AT_lAW 26 W. IIISh Street Carlisle, PA - 9 - >- Cl ~; cr; (~: _1, - ,.. C'~ C", , , lU-. C ~, : , l-'-. ; C_. ,~.) 1_. (' ,-. i.. I' L_ , . ~ tC" r. .0 , -. L' ELIZABETH JUNE RUDICK, Plainti ff J tl TilE COUIlT OF COMMoN I'I.I,:M; CIIHIIEIIl.J\NII COUNTY. ",.:NNSYI.VAN,A Vs. CIVil. IIIV/!;!ON NO. 'If, - '1" ~ 1. CIVil. TERH JOHN HUBERT RUDICK, Defendant I'IlAEC II'E TO T!l~t-lSH I. l' 1lI;_C()'_1l1 To I:he Prol:honol:ary: Transmit: I:he record. I:ogel:her ",Uh I:he foHowing informal:1on 1:0 I:he courl: for enl:ry of a divorce decree: 1. Grodnd for divorce: irretrievable breakdown under ~JJU1(cl ~M of the Divorce Code. (strlke out 1111lppllcaIJle sl!ct:.lon). 2. Dal:e and manner of serv.lce of I:he complainl:: ..All<Jl1C:+- ?1 1 qqh , Certified Mail. Return Receipt 3. Complel:e ei I:her paragrilph I il) or I b'. (al Date of execution of lhe affidavil: of consenl: required by ~J301(cl of I:he tlivorce Code: hy pJ.,I,nUff -1'Wrch 17. 1999 by tltifendanl: March 2, 1999 (b)li) Date of bxecul:ion of hI: I:he Divorce code: serl/ice of I:he piainl:iff's af(idavl,1: upon I:he r.espondenb J lhe affldavil: required by ; 121 bal:e of filing sJ301(tll and ~. ~eial:bd claims pending: None 5: COl11pibte eHher. lal or Ibl. la) tlate and manner of sl.!rvlce of the notice of IntbntioH 1:0 Hil! pblecipe td transmil: record. a copy of which is 1Il:1:ached: (bl bal:l! ~illinl:iffls Hibd wHit the l>r.ol:honctary: Datb defendant's Hil!d witlt the Prothonol:ary: waiver bf Ndl:icc iH ~jjollc) bil/erel! Wds A pr i I 1 6. 1 999 waiver of Noticb in ~JjUilcl bil/orcl! Was March 2 , 1999 R M:lrk '1'hnm~c:. Attorney fdr IPiaintiffllb~t~R~R~~* -- Ct' >- i f~ N 1-- ::.:': i-;~ ~."; , u__~ , ,J , " , ) ~ .'- ,,~ ~-, ?~ , , " -, f , " .. J l.,. .' ,'- . .. C:"', ~ L , C-., ',,J Court require the parties to participate in counseling. 8. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to ~3301 of the Divorce Code. COUNT II REQUEST FOR EQUITABLE DISTRIBUTION 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties wi thout regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to ~3502(a) of the Divorce Code. Respectfully submitted, --61 ' /.:1---- X7:0t~/}/;?~ ~. Mark Thomas, Esquire Attorney for Plaintiff 54 E. Main street Mechanicsburg, PA 17055 (717)697-4650 1.0.# 41301 VERIFICATION I verify that the statements made in the foregoing Complaint 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. E~h~k~~i~~N~-?~~~~Fu.{L d</ Date: IJ: c~.t.v..-;I i I':;: j C) :) 1;_ / -::j:; i -'-( 'J I r-<_ \ \ ,', o- J l~ l0 c,..'"l -::r a I ,,' rt , ,..)1 - i (,- - :r ~ -. :jJ y 'L ~ 0 - -" -fo C -+ ( J oJ >- n; .=-= lU~.' <-"'l.;~' o:t) 0S3i:, "-)' L" . tJ.:':' --. U~'~: ,- v c- O [0 o ()D ,.., v' "') c.: '>- (j (, -' .. .:;, '.-1" .;.~;:~ '-:, :") ;q ".'-' ~~: -:r, , ,. 'Jj "L ~ '.c. '. .:~ ,.. _.J C.J ~-j """ ,,y ELIZABETH JUNE RUDICK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96.4642 CIVIL TERM v. JOHN HERBERT RUDICK, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on August 19, 1996. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904 relating to unsworn falsification to authorities. Date: ;3 - i 7 - 'i '( C". ~~{.;/. / (:U-J-&. lJA7A<. l,{,.JL4-- - L-L.~ t.'-/"L- ELlZAfJETH JUN . UDICK '- w c: i ,- , , J' ('.; . ,. -. ":) <.,. c-~ (., . " .;..... u. G' ,..J (.) U" ,.) ELIZABETH JUNE RUDICK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 96-4642 CIVIL TERM JOHN HERBERT RUDICK, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c} OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 19, 1996. 2. Defendant acknowledges and accepts service of the Complaj,nt on 3. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice. S. 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. 6. 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. 7. I have been advised of the availability of marriage counselling and understand that I may request that the court require counselling. I do not request that the court require counselling. 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. DATED: 'tie jq~ ~~~ Jo Herbert Rudick, Defendant '..> ":: i' (~, '~ .. . ~ "..J (/l ...:-, '-';~.2 o ^ . - R. MARK THOMAS ATTORNEY AT LAW 54 EAST MAIN STREET MECHAN!CSBURG. FA 17055 (717) 697-4650 FAX (717) 697-9395 AUG 2 0 1996 t:f- ; . --"'. --- ELIZABETH JUNE RUDICK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96- '/1..'1;) CIVIL TERM JOHN HERBERT RUDICK, Defendant IN DIVORCE PETITION TO PREVENT DISSIPATION OF MARITAL ASSETS Petitioner, Wife, files this Petition for Injunctive Relief, and in support, avers as follows: 1. Petitioner is the plaintiff in the above-captioned divorce action. 2. Respondent is the defendant in the above-captioned divorce action. 3. Wife filed a complaint in Divorce on August 19, 1996, requesting economic relief, including a request for equitable distribution. 4. Wife further believes that Husband will dissipate, alienate or encumber other marital property of the parties. 5. Section 3323(f) of the Divorce Code provides in relevant part: In all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this act, and may grant such other relief or remedy as equity and justice require against either party.. . WHEREFORE, Petitioner, Wife, respectfully requests that this Honorable Court grant the within petition for Injunctive Relief and enjoin and restrain Husband from encnmbering, dissipating, selling or otherwise alienating any and all marital assets of the parties. Respectfully submitted, K' ,/", / " '.,/1 " '~ " '/[10 >~tt-l~-IILr.c.' R. Mark Thomas, Esquire Attorney for Plaintiff 54 E. Main street Mechanicsburg, PA 17055 (717)697-4650 1.0.# 41301 /- . ~ ,. ,... r-, c. ~ .-:". , ,~ ~'(': -.' '0' u:'. :, t.~. " q:. (. ~ , .' I c,~ L' -.I, ( ,a L,:- ::L ,. ,. e, ,I '--' ..J r< ,~j .~ -..lI' Q-~ - ~ 0.. ~ ...:I j ~ oJ t1 r r IN TilE covIn OF COMMON "LEAS OF ClJMHEIU,ANI> COUNTY, I'ENNSYLVANIA ELIZABETH JUNE RUDICK, Plainliff, NIl.Jl,6.. ~ii,i..2,_ ,1,99,6, v. JOHN HERBERT RUDICK, Defendalll Civil Aelilln - Ilil-.,rec ----.------.--- NOTICE OF INTF:NTTO nETAKF: ..Iuon NAJUE Nllliee is hereby given thallhe Plainliff I Defendant in the above eaplioned mailer, having been granted Ihe Final Decree io Divorce onlhe 1 3 day of May ~ 1999, hereby e'eels tll relake and use her previous name of .ELl:'.' ;ETH JUNE GARNER and gives Ihis wrillen noliee avowing her intenlion in accordance wilh the provisions of Ihe Act of December 16, 1982, 54 "a.eS, I 704. ~u( t( ;; To Be Known as: <=" Li /I[U/U'! COMMONWEALTII OF PENNSYL VANIA COUNTY OF CUMBERLAND :55: Subscribed and swom 10 before Ille this /0'1 /2. day of I . (" 1/...J.: / , 1999. c.L (hl)1 My Commission Expires: Notarial Saa' Anna Car~. Notary Public Mechanlcsburg 8010. Cumb9riand Counly My Commission Expires Mar, 11. 2002 i:\" " ' '- , '- ("~ 1:_" , C;', e:\. " L' c:.: c.:.- -- ~~ "'" C' ,,--. ?- eo :: .J ~-.<" i')~< . -' ...~ ,~\3 .:'~Z9 1,--; ,-~ ;-jUJ . 10- ! -p~ o '=1 t-- .Qj :.~ ') i) 0- r- ~ =!l 5 va .3 r! (p -r. d.