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HomeMy WebLinkAbout07-3993NATHAN C. WOLF, ESQUIRE ATTORNEY ID N0.87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF VALERIE L. RUDD, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW KEVIN B. RUDD, : N0.2007 - 3 9 9 ~ CIVIL TERM Defendant : IN DIVORCE NOTICE 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 mayproceed without you and a decree in divorce or annulment maybe 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 the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DVRORCE 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, Pennsylvania 17013 717-249-3166 ~'Y ~ ~~ ~ ~ I hay's u~~lt Sgt ft~r~ z /~ ~ ~` NATHAN C. WOLF, ESQUIRE ATTORNEY ID N0.87380 10 WEST HIGH STREET CARLISLE PA 170]3 (717) 241-4436 ATTORNEY FOR PLAINTIFF VALERIE L. RUDD, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v :CIVIL ACTION -LAW KEVIN B. RUDD, : N0.2007 - 3 g q 3 CIVIL TERM Defendant : IN DIVORCE COMPLAINT IN DNORCE PURSUANT TO SECTION 3301fC1 OF THE DIVORCE CODE NOW, comes the plaintiff and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Valerie L. Rudd, an adult individual residing at 26 Hamilton Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The defendant is Kevin B. Rudd, an adult individual residing at 1517 Terrace Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 3. The plaintiff and defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were harried on Apri113, 1996, in Boiling Springs, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that she has been advised of the availability of counseling and that said parry has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties and for such further relief as this Honorable Court may deem equitable and just. I verifythat the statements made in this Complaint are true and correct. I under$tand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. i 2007 ~J U ~-'~ ~J , 2007 ~. VALERIE L. RUDD, Plaintiff NATHI~T C. W ,ESQUIRE Supreme C #87380 10 West igh eet Carlisl , P sylvania 17013 (717) -4436 Attorney for Plaintiff C"') ~._ ~ ~ ri -.~ ,~ .r ~- ~ I I ~- ~., is ~ ~_. ,~, o W O p - oA G ~ U ~ O~ O _N L ~ +c_` r~ 'n i-~- rv ,_ w, -c~ N J r"r-t ` ~~ -C'~ "C NATHAN C. WOLF, ESQUIRE ATTORNEY ID N0.87380 10 WEST HIGH STREET CARLISLE PA 17013-2922 (717) 241-4436 ATTORNEY FOR PLAINTIFF VALERIE L. RUDD, Plaintiff v. KEVIN B. RUDD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2007 - 39~ 3 CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff, by her attorney, Nathan G Wolf, Esquire, and files this complaint for custody, representing as follows: 1. The plaintiff is Valerie L. Rudd, an adult individual residing at 26 Hamilton Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The defendant is Kevin B. Rudd, an adult individual residing at 1517 Terrace Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff (hereinafter "Mother") and Defendant (hereinafter "Father") are the natural parents of one minor child namely, Jarred Stephen Rudd (born May 31, 1997, age 10 years). 4. From birth the child resided with both parents at 92 B Street, Carlisle, Pennsylvania until age 3, and from that time until the parties' separation in February 2007, the child resided with both parties at 26 Hamilton Road, Boiling Springs, Pennsylvania. Since separation the child has resided in the same location but in the primary custody of Mother. Mother and Father are the natural parents of the child. 5. The child was born of the marriage of the parties. The parties separated on or about February 1, 2007 and an action in divorce is being filed contemporaneously herewith. 6. Mother has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 7. Mother has no information of a custody proceeding concerning the child pending in any court of this Commonwealth or any other state. 8. Mother does not know of a person not a parry to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested herein because the Father has a significant history of alcohol abuse. Father consumes alcohol on a daily basis to the point where he passes out. Most recently, Father did so while the child was in his custody, on June 29, 2007. 10. Mother has recently witnessed Father consuming alcohol prior to operating a motor vehicle with the child in the vehicle. 11. Mother is filing contemporaneouslywith the complaint a petition for special relief seeking interim relief from the Court. 12. Mother believes that she can continue to provide for the child in her household and seeks an Order confirming her rights to primary physical and legal custody of the child. 13. Mother believes that without an order confirming her primary legal and physical custody of the child with her that Father will continue to threaten her role as the child's primary caretaker and that such a result would be detrimental to the child's best interests and permanent welfare. WHEREFORE, for the reasons set forth herein, Plaintiff, Valerie L. Rudd, respectfully requests that this Honorable Court enter an order confirming primary legal and physical custodyto Mother, along with granting any other relief the Court deems appropriate. Respectfixlly submitted, WOLF & W~~ ~ July ~-, 2007 NATHl~C~WO,LF, ESQUIRE 10 West Higlf Street Carlisle, Pennsylvania 17013-2922 (717) 241-4436 Supreme Court I.D. No. 87380 VERIFICATION I do herebyverifythat I amthe Plaintiff in the foregoing action and that the facts set forth in this complaint are true and correct to the best of myinformation and belief. 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. July ~ , 200 fi Valerie L. Rudd NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013-2922 (717) 241-4436 ATTORNEY FOR PLAINTIFF VALERIE L. RUDD, Plaintiff v. KEVIN B. RUDD, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2007 - CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Plaintiff, d0 hereby certifythat this date, I have served a copy of the foregoing Complaint for Custody upon the following person, byUnited States Mail, addressed as follows: Kevin B. Rudd 1517 Terrace Avenue Carlisle, PA 17013 Respectfiilly submitted, WOLF & WOLF, Attorneys at Law Dated: July 2007 By: West H Jtreet arlisl A 17013 Supreme Court I.D. No. 87380 (?17) 241-4436 Attorney for Plaintiff n *..~ c. V O n ~''~'- c.._ -~ c~ ~.. ii?,-" f TjfTT =:> N -' 7 l~ "'p ~ C) ~=7.. ""T~ { ~ a - _ N 7~ ` .. --• .,.,,g "~ NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013-2922 (717) 241-4436 ATTORNEY FOR PLAINTIFF VALERIE L. RUDD, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA. °• :CIVIL ACTION -LAW KEVIN B. RUDD, : N0.2007 - CIVIL TERM Defendant : IN CUSTODY PETITION FOR SPE IAL RELIEF NOW comes the Plaintiff, byher attorney, Nathan C. Wolf, Esquire, and files this petition for special relief, representing as follows: 1. The plaintiff is Valerie L. Rudd, an adult individual residing at 26 Hamilton Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The defendant is Kevin B. Rudd, an adult individual residing at 1517 Terrace Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff (hereinafter "Mother'') and Defendant (hereinafter "Father") are the natural parents of one minor child namely, Jarred Stephen Rudd (born May 31,1997, age 10 years). 4. From birth the child resided with both parents at 92 B Street, Carlisle, Pennsylvania until age 3, and from that time until the parties' separation in February2007, the child resided with both parties at 26 Hamilton Road, Boiling Springs, Pennsylvania. Since separation the child has resided in the same location but in the primary custody of Mother. 5. Mother and Father are the natural parents of the child. 6. No prior orders concerning the custody of this child exist. 7. The best interest and permanent welfare of the child will be served bygrarlting the relief requested herein because the Father has made repeated threats to remove the child from Mother's custody. Father has had a long history of alcohol abuse, even in the presence and while enjoying the custody of the child. Father has repeatedly taken the child for an activity such as fishing, promising to return the child immediatelythereafter, while then retaining custodyof the child for more than a day, without contacting Mother. Moreover, Father has repeatedly agreed to care for the child while Mother is working, only to leave the child in the care of other relatives and contrary to the information provided to Mother. 8. On or about June 30, 2007, Father took the child fishing and was to return the child to his Mother's custody in the afternoon. Father then took the child to the paternal grandmother's house, without contacting Mother. Mother repeatedly, throughout the afternoon, contacted Father and Father continuously promised to return the child, to no avail. Finally, Father ceased answering his telephone. Ultimately, the child contacted Mother at approximately 6:00 p.m. and notified his mother that he would be staying at his grandmother's house and that he would be spending time with his aunt the next day. Mother, in an effort to maintain an orderly family atmosphere, acquiesced and did not retrieve the child until Sunday at approximately 7:30 p.m. 9. On a daily basis, Father will consume significant amounts of alcohol, and, on a frequent basis, Father will consume alcohol to the point where he passes out. Most recently, Father was passed out when Mother returned from work on June 29, 2007. During the time Father was drinking in this manner, the child was in his care and custody. 10. Upon information and belief, after consuming alcohol, Father has operated a motor vehicle with the child in said vehicle within the last 30 days. 11. Mother believes that without providing relief requested herein that Father will attempt to remove the child from the custody of Mother and that he would withhold custody of the child from Mother and that such action would be in retaliation to the filing of this action. 12. Mother's belief is based upon repeated threats made by Father as to the actions he would take if Mother refuses his commands or if Mother attempts to pursue relief in custody or if she was to seek child support from Father. 13. If the child was in the custody of Father, Mother strongly believes that Father would not ensure that the child's needs are being appropriately met. 14. Mother believes that without an order confirming her primary legal and physical. custody of the child with her that Father will continue to threaten her role as the child's primary caretaker and that such a result would be detrimental to the child's best interests and permanent welfare. 15. Mother believes and therefore avers that an Order for temporary relief will permit the child to continue in her stable home environment without Father removing the child from her custody pending the conciliation conference or further Order of Court. WHEREFORE, for the reasons set forth herein, Plaintiff, Valerie L. Rudd, respectfully requests that this Honorable .Court enter an Emergency Order of Court confirming primary legal and physical custodyto Mother, authorizing the police to enforce said Order, along with granting any other relief the Court deems appropriate. Respectfully submitted, WOLF & W~LF, Attorneys at Law July ~, 2007 BY; NATH~Ad'O~POLF, ESQUIRE 10 West High Street Carlisle, Pennsylvania 17013-2922 (717) 241-4436 Supreme Court I.D. No. 87380 VERIFICATION I, the unde~igned, do herebyverifythat I amthe plaintiff in the foregoing action and that the facts set forth in this petition are true and correct to the best of the knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. July ~, 2007 Valerie L. Rudd NATHAN C. WOLF,-ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 170]3-2922 (717) 241-4436 ATTORNEY FOR PLAINTIFF VALERIE L. RUDD, Plaintiff v. KEVIN B. RUDD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. CIVIL ACTION -LAW N0.2007 - CIVIL TERM IN CUSTODY CERTIFI ATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Plaintiff, do hereby certify that this date, I have served a copyof the foregoing Petition for Special Reliefupon the following persons, by United States Mail, addressed as follows: Kevin B. Rudd 1517 Terrace Avenue Carlisle, PA 17013 Respectfully submitted, WOLF &,F, Attorneys at Law Dated: July Z-2007 Na C olf, Esquire igh Street sle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff n n,, c~ 'r vim'- ,,, Q ~ -,.,~; ~ =:: `° _ r°- ~~ ~, :. 1 p {1~,1 _ ...'. T ("-~ .~ ~ i • iJ ~'~\ ~ IJ `lam. _+ ~ © ~~+ / wi. oa mo~ VALERIE L. RUDD, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW KEVIN B. RUDD, : N0.2007 - 3~~3 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT AND NOW, this :~~_ of 2007, upon consideration of the attached Petition for Special Relief and pending further er in this matter, it is hereby ORDERED and RECTED as follows: 1 er shall have le o y of the child, Jarred Ste orn 2. Mother shall havepp~hysical custody of the child, subject to Father's re uest for q vlsrtation with the child from time to time as the parties may agree, however Father shall not be entitled to overnight visits pending further Order of Court.. 3. r s all be o ave this Ord y an~ polic ,_. jurisdiction. r the child and les. 4. The complaint filed in this matter shall be scheduled for conciliation by the Court Administrator. By: Distribution: Nathan C. Wolf, Esquire .- For the Plaintiff lLu~,Lc. Gi,{,~Gy~., a~~~t Kevin B. Rudd ®® a Pro Se Defendant ~ ~ _ 7~0~ ~ 1 ~~ cad ~- ;~~ t00Z NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF VALERIE L. RUDD, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW KEVIN B. RUDD, : N0.2007 - 3 99'3 CIVIL TERM Defendant : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of mamage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary~s Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verifythat the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 2007 -_ VALERIE L. RUDD, Plaintiff [~? ~~ ~ t~ ~ -n rti~- ~ ~-- ~~ m + f:. ! _~ ";7 "t3 - ;.r; ' ,_' \- ~' ~~. ~"' . NATHAN C. WOLF, ESQUIRE ATTORNEY ID N0.873H0 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF VALERIE L. RUDD, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW KEVIN B. RUDD, : N0.2007 - 3~`~~ CIVIL TERM Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, KEVIN B. RUDD, certify that I am the defendant in this matter. Furthermore, I hereby certify that on .../u~ y 3 , 2007, I received a certified copy of the divorce complaint filed in this action. ,J ~tl ~ , 2007 KEVIN B. RUDD Defendant RE~EI~ ED 1U1- 0 `~ cuu~ ~ ~ a c~ ~ -n ~..: -r~ ~-~ c_.. -+ ~ `-'',: ~ C:i `? ~ : ~ 7 7 : ~. , ~`- '`C J " - TT'• W ~ 6L7 VALERIE L. RUDD IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 07-3993 CIVIL ACTION LAW KEVIN B. RUDD IN CUSTODY DF,FF,NDANT ORDER OF COURT AND NOW, Monday, July 09, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, at 4th Floor, Cumberland Couuty Courthouse, Carlisle on _ Friday, August 03, 2007 at 8:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gllro Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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, Pennsylvania 17013 Telephone (717) 249-3166 ~'~0,',,~~ c~.o~-~ ~•~t•0 ~„ ~ ~ 4 ~S~',~ ;~ `.~,'" ~ttJt-; i ~~~"~ ~~"~- ~ NATHAN C. WOLF, ESQUIRE ATTORNEY ID N0.87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF VALERIE L. RUDD, Plaintiff v. KEVIN B. RUDD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2007 - 3993 CIVIL TERM IN CUSTODY STIPULATIONAND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this ~ day of ~ ~, 2007, by and between KEVIN B. RUDD (hereinafter referred to as "Father") and VALERIE L. RUDD (hereinafter referred to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Father and Mother are the parents of one minor child, namely, JARRED STEPHEN RUDD (age 10 years, born May 31, 1997); and, WHEREAS, the parties wish to enter into a custody agreement relative to the custody of the parties' child; and, NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: The parties shall retain shared legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. The Father shall have partial physical custody of the child as follows: a. Every Wednesday and Thursday from 4:30 o'clock p.m. until 8:30 o'clock a.m. the following morning or sufficiently early enough to ensure that the child is able to ride the school bus from Mother's residence. b. Every Friday from 4:30 o'clock p.m. unti12:00 o'clock p.m. on Saturday. c. Every other Sunday from 12:00 noon unti18:00 o'clock p.m. d. During the summer and school vacations, the above schedule shall remain in effect, except that the child shall be returned to Mother by 10:00 o'clock a.m. e. Such other times as the parties may agree. f. If either party requires the use of a babysitter for a period of more than two (2) hours, except during Mother's work on Mondays and Tuesdays, they shall notify the other parent and offer the other parent the opportunity to have custody of the child. 4. The parties share custody of the child on holidays as follows: a. Every year, Mother shall have custody of the child on Thanksgiving Day from 8:30 o'clock a.m. until 3:00 o'clock p.m., and Father shall have custody of the child from 3:00 o'clock p.m. until 10:00 o'clock a.m. the day after Thanksgiving. b. Every year, Father shall have custody of the child from 12:00 o'clock p.m. on Christmas Eve, until 10:00 o'clock a.m. on Christmas Day and Mother shall have custody of the child from 10:00 o'clock a.m. on Christmas Day, until 10:00 o'clock a.m. on December 26. The normal custody schedule shall be followed to determine custody on December 26s'. c. Every year, Mother shall have custody of the child from 8:30 o'clock a.m. until 3:00 o'clock p.m. on Easter Sunday. Father shall have custody of the child from 3:00 o'clock p.m. unti18:30 o'clock p.m. d. The New Year's holiday, Memorial Day, Independence Day, and Labor Day shall be shared or alternated by the agreement of the parties. e. Mother shall always have custody of the child on Mother's Day and Father shall always have custody of the child on Father's Day from 8:30 o'clock a.m. unti18:00 o'clock p.m. £ The parties shall share custody of the child on the child's birthday as much as possible. g. Each party shall be entitled to a total of two non-consecutive weeks of uninterrupted vacation with the child during the summer vacation period. The parties may elect to have two weeks of said vacation run consecutive to each other. The party seeking to exercise said weeks of vacation shall notify the other party in writing no less than sixty (60) days prior to the date the weeks would commence. 5. Transportation of the child shall be shared such that the receiving party (the party picking the child up) shall be responsible for transporting the child unless otherwise agreed to by the parties. 6. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child are protected. The parties shall do nothing that may estrange the child from either party or hinder the natural development of the child's love or affection for the other party. 8. Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing. 9. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 10. In the event of the breach of the agreement of the parties by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. 11. The parties desire that this agreement be made an order of Court through the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor child. 12. The parties have had the benefit of the advice of counsel in reaching the foregoing agreement. Father's counsel is Harold S. Irwin, III, Esquire and Mother's counsel is Nathan C. Wolf, Esquire. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. WITNESSETH: ~~'~ SEAL ( ) KEVIN B. RUDD Y~/~ ~l - ~ (SEAL) VALERIE L. RUDD COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On this, the l s~~day of 1~~=g~~L007, before, the undersigned officer, appeared KEVIN B. RUDD known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument, and acknowledged that he executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set m hand and official seal. COMMONWEALTy OF PENNSYLVANIA NOTARIAL SEAL Harold S. Irwin Iii, Esq, Notary Public Carlisle, Cumberland County Notary Public MY cortunission expires February 06, 2011 COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On this, the 2""Pday of ~, 2007, before, the undersigned officer, appeared VALERIE L. RUDD, known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument, and acknowledged that she executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) COMA~IONWEALTH OF P LVANIA Not ~c Notarial Sad N~ C. Wdl, Noteuy Public Camels Boro, (asrtVerlarx! County My ComrNseion E~ires Apr.19,2006 Ilernbsr. Par~nsylvanfa Assodedfon Of Notatles ~ ~ ~.. ~ F; . i .i- -t"t VALERIE L. RUDD, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW KEVIN B. RUDD, : N0.2007 - 3993 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT NOW, this ~ day of , 2007, upon presentation and consideration of the attached Stipulation and Agreement and upon agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. Distribution: than C. Wolf, Esquire For the Plaintiff ~arold S. Irwin, III, Esquire For the Defendant G J ,o`i u ~ ~ ~ -? :_ ~ C. ~ ~ ",~. .cc . _.jw -~- b ~ ~ _ `: - ~~ c„ ~ ~ , a_x ~~~ ~ N ~ AU6 0 7 ~OD7 VALERIE L. RUDD, Plaintiff v KEVIN B. RUDD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2007-3993 IN CUSTODY COURT ORDER / ~d'- 1 AND NOW, this 5.~ day of August, 2007, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Hubert X. roy, Esquire Custody onciliator F:~FII.ES\12321~Rudd v Rudd ConclliaUon Order relinquishing JurladicUon.wpd ~i1.it,';'i~r'~~'A~ ~`~~ Z 1 ~8 W~ 8- ~~I~ t~Ol AtiVl~.~i~vFi =.u~d 3Hl ~4 -, ,~-. ~ la,,,~r..~l~'1(~