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HomeMy WebLinkAbout03-3865ROBIN L. RUDY, Plaintiff RICHARD L. RUDY, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. - CIVIL ACTION - LAW 1N DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on July 17, 2000, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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. §4904 relating to unsworn falsification to authorities. Robin L. Rudy ROBIN L. RUDY Plaintiff RICHARD L. RUDY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OX -- 2 &g CIVIL ACTION - LAW 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 in Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania~ 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 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 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 ROBIN L. RUDY Plaintiff RICHARD L RUDY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(D} OF THE DIVORCE CODE 1. The Plaintiff is Robin L. Rudy, an adult individual currently residing at 516 Westmoreland Avenue, Enola, Cumberland County, Pennsylvania, 17025. 2. The Defendant is Richard L. Rudy, an adult individual residing at 335 West Ridge Street, Carlisle, Cumberland County, Pennsylvania. 17103. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania, for a period in excess of six (6) months immediately previous to the filing of this Complaint. 4. Plaintiffand Defendant were married on May 15, 1976, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. This action is not collusive. July 17, 2000. 7. Plaintiff and Defendant have lived separate and apart since on or about 8. The cause of action and section of the Divorce Code under which Plaintiffis proceeding is Section 3301(d). The marriage of the parties is irretrievably broken and the parties have been separated for a period in excess of two years. 9. Plaintiff has been advised of the availability of marriage counseling and understands that she may request that her spouse and she participate in counseling. 10. Plaintiff does not request that the Court require that her spouse and she participate in counseling prior to a divorce decree being handed down by this Court. 11. Defendant is not currently serving in the United States Armed Forces. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a Final Decree in Divorce. Date:_ Respectfully submitted, THE LAW OFFICES OF SILLIKER & REINHOLD 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 33671 Attorney for Plaintiff AFFIDAVIT and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unswom falsifications to authorities. ROBIN L. RUDY, Plaintiff RICHARD L. RUDY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit with/n twenty (20) days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE The parties to this action separated on July 17, 2000, and have conti..~ed co to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division property, lawyer's fees or expenses if I do not claim them before a divorce is grari~ed. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: Robin L. Rudy ROBIN L. RUDY, Plaintiff RICHARD L. RUDY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-3865 CIVIL TERM : : CIVIL ACTION - LAW : 1N DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF SECTION 3301(D) DIVORCE DECREE TO: Richard L. Rudy, Defendant You have been sued in an action for divome. You have failed to answer the Complaint or file a Counteraffidavit to the Section 3301(d) Affidavit. Therefore, on or after September 23, 2003, the Plaintiff can request the Court to enter a final Decree in Divorce. If you do not file with the Prothonotary of the Court an answer with your signature notarized or verified, or a counteraffidavit by the above date, the Court can enter a final Decree in Divorce. A COUNTERAFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. Unless you have already filed with the Court a written claim for economic relief, you must do so by the above date or the Court may grant the divorce and you will forever lose the right to ask for economic relief. The filing of the form counteraffidavit alone does not protect your economic claims. 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 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 ROBIN L. RUDY, Plaintiff RICHARD L. RUDY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3865 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S COUNTERAFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE Check either (a) or (b): __ (a) I do not oppose the entry of a divorce decree. __ (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both) __ (i) The parties to this action have not lived separate and apart for a period of at least two years. __ (2) The marriage is not irretrievably broken. Check either (a) or (b): __ (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses ifI do not claim them before a divome is granted. __ (b) I wish to claim economic relief, which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Entry ora Divorce Decree, the Divome Decree may be entered without further delay. I verify that the statements made in this counteraffidavit 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: Richard L. Rudy, Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTERAFFIDAVIT. MARRIAGE SETTLEMENT AGREEMENT By and between ROBIN L. RUDY - AND - RICHARD L. RUDY Dated: /~/~ ~ ,2002 INDEX PAGE 1. Divorce and Separation ................................................................ 4 2. Division of Property ..................................................................... 4 3. Income Tax Prior Returns ............................................................ 6 4. Execution of Additional Documents ........................................... 6 5. Transfers Subject to Liens ........................................................... 7 6. Complete Listing of Property ...................................................... 7 7. Equitable Distribution of Property .............................................. 7 8. Relinquishment of Ownership ..................................................... 8 9. After-Acquired Property .............................................................. 8 10. Debts ............................................................................................. 8 11. Bankruptcy ................................................................................... 9 12. Health Insurance ........................................................................... 9 13. Alimony ......................................................................................... 9 14. Full Disclosure .............................................................................. 10 15. Releases ........................................................................................ 10 16. Indemnification ............................................................................. 11 17. General Provisions ........................................................................ 12 18. Fair and Equitable Contents .......................................................... 12 19. Breach ........................................................................................... 12 20. Independent Separate Covenants ................................................. 13 21. Void Clauses ................................................................................ 13 22. Execution of Documents .............................................................. 13 23. Applicable Law ............................................................................ 13 24. Non-Merger .................................................................................. 13 25. Disclosure and Waiver of Procedural Rights .............................. 13 26. Tax Advice ................................................................................... 15 27. Representation of Parties ............................................................. 15 Signature Page .............................................................................. 16 Acknowledgement Page ............................................................... 17 MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this {¢'~ day of~, 2002, by and between ROBIN L. RUDY -AND- RICHARD L. RUDY, at Harrisburg, Pennsylvania. WHEREAS, the p, agties h. ereto are_husband and wife, havi~ been married /~t"~ °n ' '~t 0~J '~ ~{t' at D/a~phin C°~lnty' Pennsylvania' ~ '~'/~ WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real trod personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their /l~respeetiveestates. The parties separated on d~ ~ ,.t~O . t~.~.]~ NOW, THEREFORE, in consideration of the aforegoing 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, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfudness or unlawfulness of the cause leading to their living apart. A reconciliation will not void the provisions of this Agreement. 2. Division of Property. Husband and Wife agree that the following constitutes an equitable distribution of the marital property: A. The following shall become the sole and exclusive property of Husband: 1. Husband shall retain any pension plans and/or retirement plans and/or employee stocks or savings plans, and/or 401K plans and/or any and all other employment benefits, which he has accumulated during the course of his past or present employment. In return for Wife waiving any right, title or interest in Husband's pension, it is agreed between the parties that Husband shall be fully responsible for the mortgage on the marital residence. 2. Husband shall retain possession and ownership of the vehicle which he is presently driving. 3. Husband shall be permitted to retrieve his personal tools, and other items of personal property, from the marital residence. B. The following shall become the sole and exclusive property of Wife: 1. Wife shall retain any pension plans and/or retirement plans and/or employee stocks or savings plans, and/or 401K plans and/or any and all other employment benefits,, which she has accumulated during the course of her past or presenl employment. 2. Wife shall retain ownership and possession of the marital residence located at 516 Westmoreland Avenue, Enola, Cumberland County, PA 17025. Husband shall take whatever steps are necessary to transfer ownership of said residence solely unto wife, within ten days of the signing of this Agreement. It is further agreed between the parties that Husband shall be fully responsible for the mortgage on said property. In consideration for Husband being fully responsible for the mortgage on said property, Wife waives any right, title or interest which she may have in and to Husband's pension. Furthermore, it is understood that Husband's pension plan has a present ,~alue of less than $50,000. 3. Wife shall retain ownership and possession of the automobile which she is presently driving. C. All personal property in the possession of each party as of the date of execution of this Agreement shall remain the sole and separate property of each party respectively. However, Husband shall be given a period often days from the date of this agreement to return to the marital residence to retrieve his tools and other items of personal property, subject to the approval of both parties. D. The parties acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and other sources of income and based thereon they mutually agree that the property listed above constitutes the entire marital property. 3. Income Tax Prior Returns. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 4. Execution of Additional Documents. The parties agree to each sign Affidavits of Consent upon the expiration of ninety (90) days following the filing and service of the Divorce Complaint. The parties agree to execute any deeds, 6 assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. 5. Transfers Subiect to Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 6. Complete Listing of Property. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 7. Equitable Distribution of Property. By this Agreement, the parties have intended to effect an equitable distribution of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effectuated without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers of property herein as non-taxable. 7 8. Relinquishment of Ownership. Except as provided herein, Husband forever relinquishes any right or interest he may now or hereafter have in any assets now belonging to Wife, and Wife forever relinquishes any right or interest she may now or hereafter have in any assets now belonging to Husband. 9. After-Acquired Proper .ty. 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, ~vhich are hereafter acquired by him or her, with full power in him or her to dispose of the same as thlly and effectively, in all respects and for all purposes as though he or she were unmm'ried. 10. Debts. A. Husband and Wife agree to be responsible for the joint debts of the parties as follows: Husband shall be fully responsible for the mortgage~on the marital residence located at 516 Westmoreland Avenue, Enola, Penrtsylvania. It is noted that the monthly payments are in the amount of $739. Husband shall make timely payments each month until said debt has been paid off. There are no other marital debts between the parties. B. All debts, contracts, obligations or liabilities incurred at any time in the past or futm'e by either party will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; ~md each of the parties hereto further promises, covenants and agrees that each will now and at ali times hereafter save harmless and keep the other or his or her estate indemnified and save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims 8 and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property may be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein. 11. Bankruptcy or Reorganization Proceedings. The parties hereby agree that the provisions of this Agreement shall not be discMrgeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 12. Health Insurance. The parties mutually agree that Husband shall maintain Wife on his health insurance through his employment until a Divorce Decree is issued by a Court of Law. 13. Alimony and Support. It is agreed between the parties that Wife would otherwise be eligible for alimony. However, Wife hereby waives her right to alimony payments. In consideration thereto, it is agreed by the parties that Husband shall make the regular monthly mortgage payment for the marital residence located at 516 9 Westmoreland Avenue, Enola, Pennsylvania 17025. These payments shall be in the amount of $739 per month, and Husband shall make these payments each month until the balance of the mortgag/~ which is presently in the approximate amount of $21,000.00, is paid off. Furthermore, Husband shall be responsible for any penalties, interest, or other charges should he fail to make the mortgage payments on time. Likewise, if need be, Wife may register this portion of the Agreement with the Cumberland County Domestic Relations Office, and seek enforcement thereto through the Cumberland County Courts. Furthermore, should enforcement be necessary, Husband shall be responsible for Wife's attorney's fees. 14. Full Disclosure. Each party hereto confirms that he or she has relied on the completeness and substantial accuracy of financial disclosures of the other as an inducement to enter into this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither has filed an Inventory and Appraisement as required by §3505(b) of the Pennsylvania Divorce Code. The rights of either party to pursue a claim fi)r equitable distribution of any interest owned by the other party in an asset prior to the date of execution hereof which interest was not disclosed or known by the other party or his or her counsel prior to the execution of this Agreement is expressly reserved. 15. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way o[dower or claim in the 10 nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement or as otherwise stated in this Agreement. 16. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to E[usband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of the warranties made by Husband or Wife to the other in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 11 17. General Provisions. 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. 18. Fair and Equitable Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advise from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having receiw:d 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. 19. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 12 20. Independent Separate Covenants. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall bc deemed to be a separate and independent Agreement. 21. Void Clauses. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or iw:alid 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. 22. Execution of Documents. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 23. Applicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 24. Non-Merger. This Agreement shall not merge with any subsequent decree in divorce between the parties but shall survive such decree and be entirely independent thereof. This Agreement shall be incorporated for the purposes of enforcement only into any Decree in Divorce which may be entered with respect to the parties, but shall not be deemed to have been merged with such Decree. 25. Disclosure and Waiver of Procedural Right~_ Each party understand that he or she has the right to obtain from the other party a complete Inventory 13 or list of all property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have court held hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party acknowledges that this Agreemem: is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon ,either party. Both parties hereby waive the following procedural rights: a. The right to obtain an Inventory and Appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an Income and Expense Statement of the other party as provide by the Pennsylvania Divorce Code. c. The right to have property identified a:ad appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the Court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the Court determines to be marital, and to set aside to a party that property which the Court determines to be that party's non- marital property. 14 f. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, ali:mony pendente lite, equitable distribution, custody, visitation, and counsel fees, costs and expenses. 26. Tax Advice. Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice by their respective attorneys. Further, both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor, with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgement that they have read this particular paragraph and have had the opportm~ity to seek: independent tax advice. 27. Representation of Parties. The parties have mutually worked out the terms of this Marriage Settlement Agreement. Wife has been represented by Mark T. Silliker, Esquire. Husband wa: vr~viz::o.y represented by Gary Kelly, Esquire. 15 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written, .,..-'''~ ..... ~ ,/' "~"' RobinL. Rudy L7~2~ 16 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF DAUPHIN : SS: On this/~ day of~j/.~_j~' , 2002, before me Subscriber, a Notary Public, for the Commonwealth of Pennsylvania, canute Robin L. Rudy, known to me or satisfactorily proven to be the Wife in the aforegoing Marriage Settlement Agreement. Robin L. Rudy Witness my hand and Notarial seal, the day and year aforesaid. My C.~mmiss~or~lZ~p,ros Nov 30 200'2 j INotary Pubhc My Co~nmission Expires: COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Notary Public, Ofo; :~le~n°wfealth' ' ~o~Pennsylvan~a2,0c0~'~eb~fTcrearme~ h d L R d' knS. UbSuCr~er'oawn to me or satisfactorily proven to be the Husband in the aforego mg Marriage Settlement Agreement. ~ L. Rudy ~ Witness my hand and Notarial seal, the day mad year aforesaid. r ~~~~ Commission Expires: 17 ROBIN L. RUDY, Plaintiff RICHARD L. RUDY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-3865 CIVIL TERM : : CIVIL ACTION - [,AW : IN CUSTODY ACCEPTANCE OF SERVICE I, Richard L. Rudy, Defendant in the above-captioned matter, hereby certify that I received a Complaint in Divorce as well as Plaintiff's Affidavit Under Section 3301(d) of the Divorce Code in the above-captioned matter on August 13, 2003, by first-class mail, postage prepaid, at the following address: Richard L. Rudy 335 West Ridge Street Carlisle, PA 17013 I hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: Richard L. Rudy ROBIN L. RUDY, Plaintiff RICHARD L. RUDY, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-3865 CIVIL TERM : : C1VIL ACTION - LAW : 1N CUSTODY ACCEPTANCE OF SERVICE I, Richard L. Rudy, Defendant in the above-captioned matter, hereby certify that I received a Notice of Intention to Request Entry of Section 3301(d) Divorce Decree as well as Defendant's Counteraffidavit Under Section 3301 (d) of the Divorce Code in the above-captioned matter on c~ / ~ ] O 3 , by first-class mail, postage prepaid, at the following address: Richard L. Rudy 335 West Ridge Street Carlisle, PA 17013 I hereby certify that the aforegoing is true and[ correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: ~/~/03 Richard L. Rudy ROBIN L. RUDY, Plaintiff RICHARD L. RUDY, Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 034}-3qrS-CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry ora Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section ( ) 3301 (c) (X) 3301 (d) of the Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: August 13, 2003, by first-class mail, postage prepaid. 3. Complete either (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: (b) (1) Date of execution of the Plaintiff's Affidavit required by Section 3301 (d) of the Divorce Code: August 6, 2003. (2) Date of service of the Plaintiff's Affidavit upon the Defendant: August 13, 2003. 4. Related claims pending: The Marriage Settlement Agreement between the parties shall be incorporated, but shall not merge with the final Decree in Divorce. 5. Complete either (a) or (b). (a) Date and manner of service of Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: September 9, 2003, by first- class mail, postage prepaid. (b) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 6. Social Security Numbers: (a) Plaintiff: 184-48-7545 (b) Defendant: 191-46-1877 ~tt~mey for Plaintiff INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. ROBIN L. RUD¥; Vo}'sus RICHARD L. RUDY, N() ..... 03.=.3.8.65 C.i~il_.Term DECREE IN DIVORCE AND NOW ........... .,</.~..~..~,-~'.....~..Y:., ~-9.~.~, it is ordered and decreed that ........ ~.o..~.z~ .~.:..Rq~.¥., ......................... plaintiff, and ..... ~I.c.~D..~,. R.u. ny, .................................. defendant, are divorced from the bonds of matrimony. The court retains iurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; .~h..e..M.~r..r.ip.g~..S.e.~t .1.e.m.~t' Agreement. 3~etwe.~n. t;h~ .par.~ies..shall .be .~n..c.o.r.p.o..r.a.t.e.d...b.u~..s.h.a.1.1...np.~. r~¢r. ge ~ ~.i~h. ~ke. f ir~ 1. Dacree..in. Divorce.