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HomeMy WebLinkAbout07-6211J ROBERT L. RUDY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007- (ooh 1 I CIVIL TERM MONICA RUDY, CIVIL ACTION-LAW Defendant 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 Court House, 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 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 ROBERT L. RUDY, Plaintiff V. MONICA RUDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- 6J // CIVIL TERM CIVIL ACTION-LAW COMPLAINT UNDER SECTIONS 3301(C) AND 3301(D) OF THE DIVORCE CODE 1. Plaintiff is Robert L. Rudy, an adult individual who currently resides at 121 Red Tank Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. Defendant is Monica Rudy, an adult individual who currently resides at 121 Red Tank Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on March 16, 1974, in Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in Counseling. 9. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. COUNT II -EQUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. The parties have acquired real estate, personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. Respectfully submitted, 'BRIEN, BARIC & SCHERE i David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff dab.dir/domestic/rudy/divorcecomplaint.pid 10/16/2007 11:12 7172495755 OBS _??_ • I verify that the statements made in this Divorce Complaint are true and cormect. I PAGE 05 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: ?C 2 C,)o? Robert L. Rudy r ?r r ^ ? ems-.-. /4 1 5 " .. ' - O v D l.L r ROBERT L. RUDY, Plaintiff V. MONICA RUDY, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-6211 CIVIL TERM IN DIVORCE PRAECIPE Please enter my appearance on behalf of Monica Rudy, Defendant, in the above captioned action. SAIDIS, FLOWER & LINDSAY ;Lowm &z LINDSAY 26 West High Street Carlisle, PA Dated: January 4, 2008 Supreme Court 44693 26 West High Street Carlisle, PA 17013 717-243-6222 CERTIFICATE OF SERVICE On this 4 day of January, 2008, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individuals, via first class mail, postage prepaid, addressed as follows: David A. Baric, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 SAIDIS, FLOWER & LINDSAY Carol J. Cindsak i Supreme Court(d) o. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAMIS, RFLONVIER LINDSAY 26 West High Street Carlisle, PA HiM i ROBERT L. RUDY, Plaintiff V. MONICA RUDY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-6211 CIVIL TERM IN DIVORCE PETITION FOR SPECIAL RELIEF NOW COMES Monica J. Rudy, by and through her counsel, Saidis, Flower & Lindsay, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on March 16, 1974. 2. On October 23, 2007, Respondent Robert L. Rudy filed a Complaint in Divorce, Count II of which seeks equitable distribution. 3. The parties have engaged in informal discovery from which it appears that the marital estate is comprised of approximately $90,000.00 in equity in a marital home and retirement assets. Those retirement assets in Respondent's exclusive control total approximately $300,000.00 and those titled in Wife's name total approximately $150,000.00. 4. Subsequent to separation, on or about March 20, 2008, Respondent FLOWER & LINDSAY 26 West High Street Carlisle, PA purchased a home in Toole, Utah. Upon information and belief, on February 28, 2008, Husband took a $45,000.00 loan from a 401(k) plan, repaying it a month later from a $45,000.00 distribution from the same 401(k) plan. Additionally, on or about June 27, 2008, Respondent took an additional $5,000.00 loan from his 401(k) plan. 5. Respondent attained 59 years of age on March 2, 2008. He is approaching age 59 Y2, when he can invade his retirement assets without penalty. 6. Petitioner is concerned that Respondent will continue to invade his retirement assets thus frustrating equitable distribution. 7. Petitioner seeks an Order of Court prohibiting Respondent from removing any more money from his Wachovia 401(k) plan or from his Carlisle Corporation retirement savings plan. 8. Even with these restrictions on his access to retirement money pending equitable distribution, Husband could access at least $40,000.00 of retirement for whatever needs he may have pending divorce. 9. Husband, although attaining 59 years of age, is fully employed. 10. Respondent is represented by Robert Daley, Esquire who does not agree with the relief requested. 11. No judge has been assigned to this case. WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon the Respondent to show cause why his access to withdrawals or loans on his Wachovia 401(k) plan and his Carlisle Corporation retirement savings plan should not be stopped pending equitable distribution. SAIDIS, FLOWER & LINDSAY ,) If, SAIDIS, LINDSAY 26 West High Street Carlisle, PA Dated: Carol J. Linds squire Supreme C r I No. 44 26 West Hig treet Carlisle, PA 17013 717-243-6222 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. Monica Rudy Date: S-4- o s FLO R & LIlVDSAY nnoaNerseruw 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE On this ` -th day of Al 0.2008, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document i was served on the following individuals, via first class mail, postage prepaid, addressed as follows: Robert Daley, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 SAIDIS, FLOWER & LINDSAY Carol J LTrtBM Supreme Co rt No. 26 West High treet Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LWDSAY ATrOWGrW-LAW 26 West High Street Carlisle, PA t?.3 C? .-a ' ._i ?.... ..:,e) X77 ?' °"? ?- .?) ? t? ?? ti ?,'r C.,?a u "? :. --'?: AUG 0 5 200ap ROBERT L. RUDY, Plaintiff V. MONICA RUDY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-6211 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW, this 7` day of 2008, upon consideration of the within Petition, a Rule is issued upon the Respondent to show cause why the relief requested should not be granted. 2c a(s+.I1 ?'rer -rerv Z? a.. a...cwv c° Rule returnable Win- set for the Ant ;-2668-ia- va k i? cl•. o? a,, ___M- ?11, *ii Pending the hearing, Husband shall not withdraw any funds from or borrow from his Wachovia 401(k) plan (Carlisle Corporation employee incentive savings) or from his Carlisle Corporation pension. BY THE COURT, SAIDIS FLOWER '& LEVDSM AMWaMM- 26 West High Street Carlisle, PA ? ?? ?.-? ?F E"t^? ! 4?. ?= ? '?.?? ,,, ? Vic,' c?? ? °? ,, - -# ROBERT L. RUDY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-6211 CIVIL TERM MONICA RUDY, CIVIL ACTION-LAW Defendant In Divorce Substitution of Counsel / Change in Address Without Leave of Court (Rule 1012(b)(2)(ii)) Praecipe for Entry of Appearance To the Prothonotary: Please enter my appearance on behalf of Robert L. Rudy, Plaintiff. I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Papers may be served at the address set forth below: Robert J. Dailey, Esquire I.D. No. 203418 Gerber & Associates 46 East Main Street Palmyra, PA 17078 Phone (717) 838-5411 Fax (717) 838-3047 rdailey@gerberlawoffice.com Date: 29th of August, 2008 Praecipe for Withdrawal of Appearance To the Prothonotary: Please withdrawal my appearance on behalf of Robert L. Rudy, Plaintiff. Date: 29th of August, 2008 Robert J. Dailey, O'Brien, Baric & Scherer CERTIFICATE OF SERVICE I hereby certify that on the 8?day of ?, 2008, I, Andrea M. Barrick, of O'Brien, Baric & Scherer, did serve a copy of the Substitution of Counsel/Change of Address Without Leave of Court (Rule 1012(b)(2)(ii)), by first class U.S. mail, postage prepaid, to the party listed below, as follows: Carol J. Lindsay, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, Pennsylvania 17013 Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Andrea Barrick C_7 GM's l t'T1 ROBERT L. RUDY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2007-6211 CIVIL TERM MONICA RUDY, : Defendant IN DIVORCE PETITION AND NOW, comes Monica Rudy, by and through her counsel, Saidis, Flower & Lindsay, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife, having been joined in marriage on March 16, 1974. 2. On August 5, 2008, Petitioner filed a Petition for Special Relief seeking a restriction on Respondent's ability to access certain retirement accounts prior to equitable distribution. A copy of that Petition and the Court Order of August 7, 2008 is attached hereto as Exhibit "A". 3. This Honorable Court issued a Rule to Show Cause on August 7, 2008 requiring an Answer to be filed to the Petition within twenty (20) days of service. 4. Service of the Court's Order of August 7, 2008 was made on August 13, 2008 to counsel for Respondent. 5. Twenty (20) days have passed and Respondent has not answered the Petition. WHEREFORE, Petitioner prays this Honorable Court to make the Rule absolute and FLOWER & LINDSAY 26 West High Street Carlisle, PA to order Respondent not to withdraw any funds from or borrow from his Wachovia 401(k) plan (Carlisle Corporation Incentive Savings Plan) or from his Carlisle Corporation pension pending equitable distribution by a Court Order or agreement of the parties. SAIDIS, FLO R & I DSAY Carol 1. Lind quire Supreme No. 44693 26 West High Street Carlisle, PA 17013 -243-6222 Dated: 717 L ?C ?o VERIFICATION I, Carol J. Lindsay, attorney for Monica J. Rudy, verify that the statements made in the foregoing document are true and correct and certify that I am authorized to do so. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Carol J. Lind squire, Monica J. FUW' SAIDIS, )FLOWER & LINDSAY 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE On this 64 day of , 2008, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Robert J. Dailey, Esquire 46 East Main Street Palmyra, PA 17078 SAIDIS, FLOWER & LINDSAY C??WaAa (0 at-x-t Carol J. Lindsay, Esquire Supreme Court ID No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA C.) C.. ° _`rt w ? ? -?;t?; t ? .i... (.Il _ ~ , ?. "'?'7 r , 1 ?_, 1 ?J C.? {' C 7 i "r"i --C SP 0 8 1008 61 ROBERT L. RUDY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2007-6211 CIVIL TERM MONICA RUDY, Defendant IN DIVORCE ORDER OF COURT AND NOW, this ' jt- day of S-rt,4- , 2008, upon consideration of the within Petition, the Rule issued by this Court on August 7, 2008 is made absolute. Respondent shall not withdraw any funds from or borrow from his Wachovia 401(k) plan (Carlisle Corporation Incentive Savings Plan) or from his Carlisle Corporation pension pending agreement of the parties in writing or further Order of Court. BY THE COURT, , J. SAIDIS, FLOWER &z LIlVDSAY erro?vseruw 26 West High Street Carlisle, PA ?31-,Az t I" Avpr;17 •) 1m ? t? ri i:.! :1 Ai :4KII J-j r• ROBERT L. RUDY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2007-6211 CIVIL TERM MONICA RUDY, Defendant IN DIVORCE AGREEMENT OF THE PARTIES 1. The parties hereto are husband and wife having been joined in marriage on March 16, 1974. 2. They are owners of certain real estate, the marital home, at 121 Red Tank Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. The parties have agreed to sell the marital home and to place the proceeds of sale in escrow pending equitable distribution. 4. The settlement agent is hereby instructed to provide the proceeds check to counsel for Plaintiff who will deposit the check into an escrow fund, acting as escrow agent for the parties and who shall not disburse the funds therein except by the agreement of the parties or further Order of Court, provided, however, that the escrow agent may release to Defendant as an advance on equitable distribution up to $30,000.00 in the Spring or Summer of 2009. 5. The terms of this Agreement may be entered as an Order of Court by either party. Witnacc- ert L. Rudy Dated: Monica Rudy Dated: C3 N r ' 1 Ct 0 81?f3? ROBERT L. RUDY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2007-6211 CIVIL TERM MONICA RUDY, Defendant IN DIVORCE ORDER OF COURT NOW, this 9¢ day of -•.?ls , 2008, upon consideration of the within Agreement of the Parties, the terms of the Agreement are hereby made an Order of Court. By the Court, J. SAIDIS, FWNWR & LINDSAY ATIOW4RN-AT- 26 West High Street Carlisle, PA A %Z-) pe a cr, u s v ; ;1i1 Luj y w ? ROBERT L. RUDY, Plaintiff V. MONICA RUDY, : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- "1 CIVIL TERM CIVIL ACTION-LAW ACCEPTANCE OF SERVICE AND NOW, this day of 440_/? '2007, I, Monica Rudy, Defendant above, hereby accept service oftiie Complaint filed in the abov,: lase pursua_i to Fa. I .C.P. 1930' (d)anu acknowledge receipt of a true and attested copy of said Complaint. Moni udy OF TN`r? AAY 2009 JUL 28 Pi 12: t 6 ?Ty R ROBERT L. RUDY, Plaintiff V. MONICA RUDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW CASE NO. 2007 - 6211 : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims for which the appointment of a master is requested. 2. The Defendant has appeared in the action personally to sign the acceptance of service form for the divorce complaint. 3. The statutory ground for divorce is irretrievable breakdown of the marriage. 4. The action is contested with respect to the equitable distribution claim. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take half of a day. 7. Additional information, if any, relevant to the motion: None Date: August 0, 2009 Robert J. Da Attorney for ORDER APPOINTING MASTER AND NOW, this day of is appointed master with respect to the following claims: 2009, BY THE COURT, Esq. J. Cc: Robert J. Dailey, Esquire Carol J. Lindsay, Esquire ROBERT L. RUDY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW CASE NO. 2007 - 6211 MONICA RUDY, Defendant IN DIVORCE VERIFICATION I verify that the statements made in the foregoing Motion for Appointment of Master are true and correct to the best of my knowledge, information and belief. I undersigned that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unworn falsifications to authorities. Date: August 4'', 2009 ROBERT L. RUDY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW CASE NO. 2007 - 6211 MONICA RUDY, Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on the 4t` of August, 2009, I, Robert J. Dailey, Esquire, of GERBER & ASSOCIATES, did serve the Motion for Appointment of Master by first class U.S. mail, postage prepaid, to counsel for the Defendant listed below, as follows: SAIDIS, FLOWER & LINDSAY Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 FSL1...?1'.1_ .1"' OF THE Vii' ''t'?4p° 2009 AUG -5 Al I I : ' u GUM w AUG 0 6 ,20096 ROBERT L. RUDY, Plaintiff V. MONICA RUDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW CASE NO. 2007 - 6211 : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims for which the appointment of a master is requested. 2. The Defendant has appeared in the action personally to sign the acceptance of service form for the divorce complaint. 3. The statutory ground for divorce is irretrievable breakdown of the marriage. 4. The action is contested with respect to the equitable distribution claim. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take half of a day. 7. Additional information, if any, relevant to the motion: None. n Date: August 4', 2009 Robert J. Attorney for ORDER APPOINTING MASTER AND NOW, this ?1 "'clay of "aj '2009, , Esq. is appointed master with respect to the folio 'ng claims: C &zlc . BY T O T, .. l G Cc: Robert J. Dailey, Esquire Carol J. Lindsay, Esquire E I?° _ ?: Al(S Fit ?. . ; :..??? 10 ; TAE 7,' J 2009 ?'? -7 F1 2: 01 g a ? 'ti:°rif ttJk,''J! v S r ROBERT L. RUDY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. Case No. 2007-6211 MONICA RUDY, Defendant IN DIVORCE AFFIDAVIT UNDER 6 3301(c) OF THE DIVORCE CODE A complaint in divorce under § 3301(c) of the Divorce Code was filed on October 23, 2007 in the Cumberland County Prothonotary's office. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days (90) have elapsed from the date of filing and service of the Complaint 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. § 4904 relating to unworn falsification to authorities. Date: 1 Z1 -z-q ?0 q ) V, I I ln"? & e, - -f-, C /? lln,.e onica J. Rudy FlLED--Orr=irF 2009 DEC 30 PH 3. 0 ROBERT L. RUDY, Plaintiff V. MONICA RUDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Case No. 2007-6211 IN DIVORCE 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. § 4904 relating to unworn falsification to authorities. Date: v'1 Mmca .Ruy FILED-- .;,.,?;r, ,.Tf?, , ate, M 2009 DEC 30 PH 3: 0 i p IN MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN ROBERT L. RUDY AND MONICA J. RUDY Robert J. Dailey, Esquire GERBER & ASSOCIATES 46 East Main Street Palmyra, PA 17078 (717) 838-5411 Attorney for Robert L. Rudy Carol J. Lindsay, Esquire SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Monica J. Rudy MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of i?-e- f-2 -, 6ir 2009 by and between Robert L. Rudy ("Husband') and Monica J. Rudy ("Wife"); WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been lawfully married on March 16, 1974 in Cumberland County, Pennsylvania; WHEREAS, differences have arisen between the parties and they have resolved that the marriage is irretrievably broken and that it is not possible to continue the martial relationship for reasons known to them; WHEREAS, Husband filed a divorce complaint on October 23, 2007 with Wife accepting service on October 24, 2007 to docket number 2007-6211 in the Cumberland County Court of Common Pleas; WHEREAS, 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 settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates, as well as the support and maintenance of the parties' child and the custody rights attendant thereto; and WHEREAS, the parties declare that each has had a full and fair opportunity to obtain independent legal advice of counsel and Husband has been independently represented by Robert J. Dailey, Esquire of GERBER & ASSOCIATES and Wife has been independently represented by Carol J. Lindsay, Esquire of SAIDIS, FLOWER & LINDSAY. 1 NOW THEREFORE, in consideration of these promises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Husband has secured legal advice from Robert J. Dailey, Esquire, of GERBER & ASSOCIATES, his counsel, and Wife has secured legal advice from Carol J. Lindsay, Esquire, of SAIDIS, FLOWER & LINDSAY, her counsel. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. 2 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with independent legal counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a 3 failure to have available full, proper and independent representation by legal counsel. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Husband has filed a Divorce Complaint in the Court of Common Pleas, Cumberland County, Pennsylvania. The parties agree that, contemporaneously with the signing of this Agreement, they will each execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order that counsel for Husband may finalize the divorce action in a timely fashion and as soon as practicable after the execution of this Agreement. 5. EQUITABLE DISTRIBUTION. A. Real Estate. The Parties were previously owners of the marital property located at 121 Red Tank Road, Boiling Springs, Cumberland County, Pennsylvania. The Parties sold that home on February 13, 2009 and the proceeds of the sale in the amount of $83,347.00 were placed in escrow with Wife's attorney, Carol J. Lindsay. Since that time and pursuant to the Parties' agreement, Wife withdrew $30,000.00 from the escrow, leaving $53,347.00 in escrow. The parties agree to equally spit the remaining proceeds, providing each party with $26,673.50. Each party acknowledges that the other has purchased his and her own home since the filing of the divorce complaint and after separation. Each party acknowledges that the other party shall own his and her home free and clear of any right, title, claim and/or interest of the other. The parties own no other real property. 4 B. Furnishings and Personalty. The parties agree that they have, by agreement, divided all remaining furnishings and personalty located in the property, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. Accordingly, Husband shall retain sole and exclusive ownership of all furnishings and personalty currently in his possession, free and clear of any right, title, claim and/or interest of Wife and Wife shall retain sole and exclusive ownership of all furnishings and personalty currently in her possession, free and clear of any right, title, claim and/or interest of Husband. C. Motor Vehicles. The parties agree that they have, by agreement, divided all motor vehicles. Accordingly, Husband shall retain sole and exclusive ownership of the truck currently in his possession, free and clear of any right, title, claim and/or interest of Wife and Wife shall retain sole and exclusive ownership of the sport utility vehicle currently in her possession, free and clear of any right, title, claim and/or interest of Husband. The parties agree that they will cooperate in effectuating the necessary transfer of any titles, registration or insurance on these vehicles, if any, within thirty (30) days of execution of this Agreement and that all costs thereof shall be equally shared between them. D. Life Insurance. To the extent that either party has life insurance policies, simultaneous with the execution of this Agreement those policies shall become the sole and separate property of the individual owning the policy. The parties adopt 20 Pa.C.S.A. § 6111.2 to govern their policies held in favor of each other, regardless of where each individual party resides at the time of his or her death. Nothing in this Agreement shall prevent or preclude either party from designating beneficiaries under or encumbering their respective life insurance policies. 5 E. Pension and Retirement Benefits. Husband shall transfer to Wife $100,000.00 of his Wachovia retirement without gains or losses to Wife into a tax-deferred, penalty-free account to be determined by Wife by means of a Qualified Domestic Relations Order ("QDRO"). Husband shall transfer an additional amount from his Wachovia retirement to wife in the amount of $5,428.50, representing fifty percent (50%) of the value of 300 shares of Husband's Carlisle Stock. Counsel for Husband shall draft the QDRO which shall be signed by the parties and counsel contemporaneous with this Agreement and shall transfer $105,428.50 from Husband's Wachovia retirement into a tax-deferred, penalty-free account of Wife's selection. The transfer of the Wachovia retirement shall be effectuated as soon as practical after the execution of this Agreement and all parties shall sign and execute all necessary documents in a timely fashion. Husband shall keep and retain any and all pension and retirement benefits currently titled in his name and Wife shall keep and retain any and all pension and retirement benefits in her name. Each party hereby releases and relinquishes any and all rights, title and interest in or to any benefits of the other party. F. Bank Accounts. The parties have effectuated an equitable division of their joint accounts. Husband shall keep and retain any and all accounts titled in his name and Wife shall keep and retain any and all accounts titled in her name. Each party hereby releases and relinquishes any and all rights, title and interest in or to any accounts of the other party. G. Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a 6 sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. H. Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement including, but not limited to, her share of the real estate proceeds, Investmart account, PSERS pension, her share of Husband's Wachovia account, spousal support credits and overpayments, and 1995 Chevrolet Tahoe. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. I. Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement including, but not limited to, his share of the real estate proceeds, the remainder of his Wachovia account, his Member's I" account, PPG pension, Carlisle Corporation pension, Carlisle stock, Equity Plan Solutions account stock, and 2001 Chevrolet Silverado. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. J. Marital Debt. Husband shall pay all debt titled in his name and Wife shall pay all debt titled in her name. There is no marital debt on which the parties are jointly obligated. In the event that either party contracted or incurred any debts since the date of 7 separation other than the debts listed above, the party who incurred the debt and benefited therefrom shall be responsible for the payment thereof; regardless of the name in which the debt may have been incurred. Each party agrees to indemnify and hold each other harmless from any and all debts, obligations and liabilities in each parties name alone. K. Liability not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. L. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. M. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to costs of court and actual attorney's fees incurred by Husband in connection therewith. N. Warranty as to Future Obligations. Husband and Wife each represents 8 and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach. 6. JURISDICTION. The Court of Common Pleas of Cumberland County, Pennsylvania will retain jurisdiction in order to implement the terms and conditions of this equitable distribution paragraph should there be any dispute between the parties regarding, the final distribution. 7. INCOME TAX. 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. 8. SUPPORT: Alimony, Alimony pendente lite. Sup-rt. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as 9 husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph 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. At this time, Husband is paying to Wife spousal support through PACSES Case Number 323109846, Docket Number 00154 S 2008. Spousal support shall terminate upon the execution of this document and any overpayments being held by DRO shall be returned to Wife, not Husband. 9. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 10. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his 10 and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 11. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the 11 execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. B. 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 party may have or at any time hereafter has 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 and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as set forth in this Agreement, 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 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, curtsey, widow's or widower'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. 12 D. 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. 12. ATTORNEY'S FEES. Each party shall be responsible for his or her counsel fees, costs and expenses, if any. Each of the parties hereby waives the right to receive counsel fees from the other. 13. BANKRUPTCY. Each party agrees that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agrees to reaffirm any and all obligations contained herein as to the other party and indemnify and hold the other party harmless on all obligations of that party. 14. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 15. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 16. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated m any way. 13 17. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party as well as interest at a rate of six percent (6%) annually. 18. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 19. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effectuated by registered or certified mail, return receipt requested. 20. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 21. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 22. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 14 23. EFFECT OF RECONCILIATION COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 24. 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. 25. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 26. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 27. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that 15 may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 28. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of 16 2009?' ! "+ ' ' ROBERT L. RUDY, Plaintiff V. MONICA RUDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Case No. 2007-6211 IN DIVORCE AFFIDAVIT UNDER & 3301(c) OF THE DIVORCE CODE A complaint in divorce under § 3301(c) of the Divorce Code was filed on October 23, 2007 in the Cumberland County Prothonotary's office. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days (90) 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. § 4904 relating to unworn falsification to authorities. Date: (u? J 1, - Ro rt . Rudy 2009 DEC 3 ! C yy f ` ROBERT L. RUDY, Plaintiff V. MONICA RUDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : Case No. 2007-6211 : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S 3301(c) OF THE DIVORCE CODE 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. § 4904 relating to unsworn falsification to authorities. Date: Qq,?LjZ- Robert . Rudy 2009 DEC 31 F1 ` ? ;" 3 t v ? JAN 0t 2010 ROBERT L. RUDY, Plaintiff V. MONICA RUDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW CASE NO. 2007 - 6211 : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER THIS CAUSE came upon the terms of the Marriage Settlement Agreement entered into between the parties and incorporated.into the Final Decree in Divorce requiring a division of marital assets pursuant to the domestic relation law of the Commonwealth of Pennsylvania and pursuant to the terms of said Marriage Settlement Agreement and Final Decree in Divorce, the following Domestic Relations Order ("Order") is entered, and it is ORDERED as follows: 1. This Order is intended to be a "Qualified Domestic Relations Order" ("QDRO") within the meaning of Section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code") and Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended ("BRISA") and this Court retains jurisdiction to modify the Order for the purpose of meeting or monitoring its qualification as a QDRO. 2. The "Participant' is the Plaintiff, Robert L. Rudy, whose social security number is 175-40-9391 and last known mailing address is 841 Upland Drive, Tooele, Utah 84074. 3. The "Alternate Payee" is the Defendant, Monica J. Rudy, whose social security number is 182-40-9031 and last known mailing address is 121 Touchstone Drive, Carlisle, Pennsylvania 17015. 4. The plan to which this Order applies is known as the Carlisle Corporation Employee Incentive Savings Plan (the "401(k) Plan"). C c rri !' r" C Cif C3 ; ? ?- j f71 co 5. Participant's vested interest in the 401(k) Plan as of October 14, 2009 was $123,575.31. The Alternate Payee is hereby assigned from this vested interest of the Participant in the 401(k) Plan a separate vested interest of $105,428.50 ("the 401(k) Plan Assigned Benefit"), said assignment to be effective as soon as practicable hereafter and in conjunction with and contemporaneous with the transfer of funds to Alternate Payee's tax-deferred account, such that the actual amount assigned and the actual amount transferred are the same amount - $105,428.50. The Participant's vested interest in the 401(k) Plan shall be irrevocably reduced by the 401(k) Plan Assigned Benefit as of the aforementioned effective date. 6. Within a reasonable period after receipt of this Order, the Plan Administrator shall determine whether this Order is a QDRO and shall notify the Participant and the Alternate Payee of such determination. Within a reasonable time after the Plan Administrator has determined that this Order is a QDRO, the Plan Administrator shall take all such actions as are required to transfer and roll-over to a separate account other than the 401(k) Plan as designed by Alternate payee pursuant to the Alternate Payee's election set forth in Paragraph 7 below, the 401(k) Plan Assigned Benefit, in accordance with this Order and the written QDRO procedures, if any. 7. The Plan Administer shall transfer and roll-over Alternate Payee's 401(k) Assigned Benefit to a tax-deferred account as elected by Alternate Payee as soon as practicable after this Order is signed by the Court and approved by the Carlisle Corporation as a QDRO. 8. In the event of the death of the Participant prior to the payment in full of his separate 401(k) Plan, the Alternate Payee shall not be deemed the surviving spouse of such Participant and vice versa. l • 9. The Alternate Payee shall keep the Plan Administrator informed of her current mailing address and shall provide proof of age and other information and forms as the 401(k) Plan may reasonable require. 10. Limitations. This Order shall not be construed to require either 401(k) Plan, the Plan Administrator or a 401(k) Plan fiduciary to: a. make any payment or take any action which is inconsistent with any federal law, rule, regulation or applicable judicial decision; b. provide any type or form of benefit or any option which is not otherwise provided under the terms of the 401(k) Plan; C. provide total benefits, under either 401(k) Plan, having greater actuarial value than would have been payable in the absence of this Order; or d. pay benefits to the Alternate Payee that are required to be paid to another alternate payee under another order previously determined to be a QDRO. 11. Additional Provisions. a. Service. A copy of the Order shall be served on the 401(k) Plan Administrator. b. If the terms of this Order and the terms of either 401(k) Plans conflict, the terms of the 401(k) Plan shall prevail. C. The 401(k) Plan Administrator may unilaterally modify any term of this Order to the extent necessary to comply with applicable law. d. Neither the 401(k) Plans, the 401(k) Plans' sponsor, the 401(k) Plan Administrator nor any 401(k) Plan fiduciary shall be responsible for any attorney's fees incurred by the Participant or the Alternate Payee in connection with this Order. e. Alternate Payee shall be solely responsible and liable for any and all taxes due on the amount transferred and rolled-over into her tax-deferred account. 12. The Assignment herein contemplated by the Participant to the Alternate Payee of the benefits from the Participant's qualified retirement plans constitutes an equitable distribution of the marital assets of the parties as divided by the Marriage Settlement Agreement and subsequent Final Decree in Divorce between the parties. DONE AND ORDERED in Chambers, at Carlisle, Cumberland County, this S" day of 20 TC AGREED AND ACCEPTED: Alte to Payee Alternate Pa e Attorney Co?? ?s rn.?..t ..=/n - . C4, /) L, __ ROBERT L. RUDY, Plaintiff VS. MONICA RUDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 6211 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this -0 day of , --6r 161 2010, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated December 26, 2009, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, / Kevin Hess, P.J. cc: Robert J. Dailey Attorney for Plaintiff 1- Carol J. Lindsay N Attorney for Defendant - dLLEL -. e,. ?Fn +°ca CO Itc) > E rri c t coo ROBERT L. RUDY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. Case No. 2007-6211 0 MONICA RUDY, ? =Defendant IN DIVORCE f R L PRAECIPE TO TRANSMIT THE RECORD W To the Prothonotary: ?- w - Transmit the record, together with the following information, to the Court foi enti jbf Divorce Decree. 1. Ground for divorce: mutual consent and irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: acceptance of service signed by Defendant on October 24, 2007. 3(a). Date of execution of the affidavit required by § 3301(c) of the Divorce Code: By Plaintiff. December 26, 2009; By Defendant: December 29, 2009. 4. Related claims pending: None. 5(b). Date Waiver of Notice of Intention to Request Entry of Divorce Decree was filed with the Prothonotary: By Plaintiff December 31, 2009; By Defendant: PeceTW 30, 2DQ9. Robert T. Dgfley, ROBERT L. RUDY V. MONICA RUDY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-6211 DIVORCE DECREE AND NOW, s s ' Zo, a , it is ordered and decreed that ROBERT L. RUDY plaintiff, and MONICA RUDY 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. Parties' marriage settlement agreement, executed on December 26, 2009, is hereby incorporated but not merged into this Final Decree in Divorce. By the Court. . /p ( xta? ;&? 4 ,C14 ma--awl e 4 lee-?