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Home My WebLink About09-5095(717) 657-3464 J. Michael Sheldon, Esquire Pa. I.D.# 83098 5821 Linglestown Road, Suite 212 Harrisburg, PA 17112 Tel: 717-657-3464 Fax: 717-671-1258 Counsel for Plaintiff BRANDY RUDLOFF Plaintiff J. Michael Sheldon Attorney at Law 5821 Linglestown Road, Suite 212 Harrisburg, PA 17112 VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA j CN•? .NO. r7 CHRISTOPHER S. RUDLOFF Defendant CIVIL ACTION -- 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 action 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 counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse. 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-800-990-9108 J. Michael Sheldon I? Attorney at Law 5821 Linglestown Road, Suite 212 Harrisburg, PA 17112 (7 t7A ` '464 BRANDY RUDLOFF Plaintiff VS. CHRISTOPHER S. RUDLOFF Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION -- DIVORCE ADVISO USTED HA SIDO DEMANDO/A EN CORTE.. Si usted desea defenderse de las demandas que se presentan mas adelante en las sigueientes paginas, debe tomar accion dentro de los prosimos veinte (20) dias despuesde la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defenses de, y objeciones a, las demandas presentadas aqui en contra suya. Se la advierte de que si usted falla de tomar accion como se escribe anteriormente, el caso puede proceded sin usted y un fallo por cualquier suma de dinero receamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por las Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. ES7'A OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINIA LE PUEDA PROCER INFORMACION SOVRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CALIFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-800-990-9108 BRANDY RUDLOFF Plaintiff VS. CHRISTOPHER S. RUDLOFF Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION -- DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above-captioned action in Divorce. By virtue of Section 3302 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and, upon request of either party, provide both parties with a list of qualified professionals who provide such services. Accordingly, if you desire counseling, please promptly advise in writing by replying to: Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 or by contacting your legal representative. J. Michael Sheldon, Esquire Pa. I.D.# 83098 5821 Linglestown Road, Suite 212 Harrisburg, PA 17112 Tel: 717-657-3464 Fax: 717-671-1258 Counsel for Plaintiff BRANDY RUDLOFF Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. S Cv, CHRISTOPHER S. RUDLOFF Defendant CIVIL ACTION -- DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, Brandy Rudloff, by and through her attorney J. Michael Sheldon, Esquire, and files this Complaint in Divorce, including a Petition for Custody, and in support thereof, respectfully represents: 1. Plaintiff is Brandy Rudloff, an adult female, with a current mailing address of 501 East Marble Street, Mechanicsburg, Cumberland County, Commonwealth of Pennsylvania, 17055. 2. Defendant is Christopher S. Rudloff, and adult male, with a current mailing address of 20 Walnut Lane, Camp Hill, Cumberland County, Commonwealth of Pennsylvania, 17011. 3. Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on May 24, 2008 in Mechanicsburg, Pennsylvania. 5. Plaintiff avers that there are no minor children. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its Amendments. 7. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 8. Plaintiffs Social Security Number is 211-64-4491. 9. Defendant's Social Security Number is 204-66-4969. 10. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request the parties to participate in counseling. 11. The cause of action and section of the Domestic Relations Code under which Plaintiff is proceeding is Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff and Defendant intend to file an Affidavit consenting to a divorce. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree in Divorce pursuant to section 3301(c) of the Divorce Code, dissolving the marriage between Plaintiff and Defendant. DATE: 2009 Respectfully submitted, o Michael Sheldon, Esquire Pa. I.D. # 83098 5821 Linglestown Road, Suite 212 Harrisburg, PA 17112 Tel: (717) 657-3464 Fax: (717) 671-1258 Attorney for Plaintiff BRANDY RUDLOFF Plaintiff vs. CHRISTOPHER S. RUDLOFF Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -- DIVORCE VERIFICATION STATEMENT I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Ann. § 4904, relating to unsworn falsification to authorities. Date•-_ 4 , 2009 -?--?= Brandy Ru off F/EEL-. _, ..- ?009 jUL ?t,d. S s T 3 3 S?. s d dl a,?j-t ?Q. ? o? a- b y S C? ~~ ,~ ~, . ~, BRANDY RUDLOFF, Plaintiff v. CHRISTOPHER S. RUDLOFF, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5095 CIVIL TERM CIVIL ACTION -DIVORCE n "~ ~~ r,_ -._.. MARITAL SETTLEMENT AGREEMENT ~ " d ~~~ _ '~, t~ -"~~ THIS MARITAL SETTLEMENT AGREEMENT, made this ~ da~~-o~~~, .2010, by and between, CHRISTOPHER S. RUDLOFF of Camp Hill, Pennsylvania (here~ner referred =- to as "HUSBAND") and BRANDY RUDLOFF, of Mechanicsburg, Cumberlatnd ~6$nty Pennsylvania (hereinafter referred to as "WIFE"): WITNESSETH: WHEREAS, the parties were man-ied on May 24, 2008, in Mechanicsburg, Pennsylvania; WHEREAS, HUSBAND and WIFE have no minor children; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart, and 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 by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and 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 of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the 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 hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to ,. ~~ .•. endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or baz the right of HUSBAND or WIFE to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken, and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c). The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. •. t• ., 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATES: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date, which shall be defined as the effective date of this Agreement, unless otherwise provided for herein, including any spousal support and/or alimony payments. 7. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similaz 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 a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any Q ~ • 'r provision thereof. It is further agreed that this Agreement shall be and constitute a full and fmal resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: HUSBAND has been represented by Thomas M. Clark, Esquire, and HUSBAND acknowledges that he has signed this Agreement freely and voluntarily after full consultation with his counsel. WIFE has been represented by J. Michael Sheldon, Esquire, and WIFE acknowledges that she has signed this Agreement freely and voluntarily after full consultation with her counsel. The parties acknowledge that this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each parry shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: HUSBAND shall retain the following premarital Pre1~rtY~ t. Couch and love seat (owned prior to marriage). 2. 55 inch Mitsubishi TV (owned prior to marriage). rt ' 'r 3. 50 inch Samsung TV (owned prior to marriage). 4. Glass door book case (owned prior to marriage). 5. Wooden movie rack (owned prior to marriage). 6. Wooden book shelf (owned prior to marriage). 7. Stanley tool box located in shed (owned prior to marriage). Within ten (10) days of the signing of this Agreement, WIFE's counsel shall provide HUSBAND's counsel with several dates and times of when HUSBAND can have a family member retrieve the items from WIFE's residence. Said dates shall be within thirty (30) days of the signing of this Agreement. With the exception of the above listed premarital property, the parties have divided between them, to their mutual satisfaction, all other personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which aze now in the possession or under the control of the other. 12. DIVISION OF MARITAL RESIDENCE: WIFE currently owns a residence situate at 501 East Mazble Street, Mechanicsburg, Pennsylvania 17055. In October 2007, the residence situate at 501 East Mazble Street, Mechanicsburg, Pennsylvania was purchased in Wife's name alone. The purchase price for the property was approximately $134,900.00. The $45,000.00 down payment for the residence came from HUSBAND's mother, Deb Rudloff. WIFE shall retain sole and exclusive ownership and possession of said residence. WIFE shall make a one time cash payment to HUSBAND in the amount of $12,500.00. Said payment shall be made within forty-five (45) days from the date of the Agreement. In consideration of the sum of $12,500.00, HUSBAND shall release and dischazge WIFE, from all claims arising out of the $45,000.00 down payment for the residence situate at 501 East Mazble Street, Mechanicsburg, Pennsylvania 17055. Additionally, contemporaneously with the signing of this Agreement, HUSBAND'S mother, Deb Rudloff, has agreed to sign a Release with regazd to the $45,000.00 down payment. WIFE shall remain solely responsible for any and all payments related to the mortgage, real estate taxes, homeowner's insurance and maintenance of said property, and shall indemnify and hold HUSBAND harmless against any liability resulting from his failure to make payments thereupon. ,% f ~~ HUSBAND specifically waives his right to claim any equity which may exist in this property in consideration of the vazious covenants and promises made herein. 13. BANK ACCOUNTS: HUSBAND and WIFE have owned various accounts during their marriage in both their individual and joint names. It is acknowledged that they have divided the jointly held accounts to their mutual satisfaction and they hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts. 14. MOTOR VEHICLES: The parties agree to retain the vehicles that aze currently in his/her possession. Each parry is responsible for the vehicles distributed to them, including the payment of insurance and maintenance, and each party agrees to indemnify and hold harmless the other party for failure to make payments thereon. Further, each parry agrees to execute any and all documentation to give effect to this paragraph within ten (10) days of a request of the other party. 15. DEBT: It is agreed that HUSBAND shall assume and be solely responsible for any and all obligations that aze currently in his name alone. HUSBAND shall indemnify and hold WIFE harmless against any liability resulting from his failure to make payments as prescribed herein. It is agreed that WIFE shall assume and be solely responsible for any and all obligations that aze currently in her name alone. WIFE shall indemnify and hold HUSBAND harmless against any liability resulting from her failure to make payments as prescribed herein. 16. PENSIONS /RETIREMENT ACCOUNTS: Both parties hereby waive any right, title or interest they may have in any retirement or pension plan owned by the other party. WIFE waives any right, title or interest she may have in HUSBAND's retirement accounts. HUSBAND waives any right, title or interest he may have in WIFE's retirement accounts. 17. HEALTH INSURANCE: Each party shall be responsible for their own health insurance coverage. 18. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit aze satisfactory with regazd to support and maintenance, past, present and future. The parties release and dischazge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and D . t ' ~ .~ relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs. 19. AFTER-ACQUIRED PROPERTY: 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, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 20. INCOME TAX: HUSBAND and WIFE agree to file separate tax returns beginning with the tax year 2009. 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. 21. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 22. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 23. BREACH: If either party breaches any provision of this Agreement, 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, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their t Y " f .~ '` rights under this Agreement. 24. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which maybe necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 25. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the pazties and there aze no representations, warranties, covenants or undertakings other than those expressly set forth herein. 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 27. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 28. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declazed to be void or invalid 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. 29. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 30. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither pazty has filed an inventory and ` •~ ~. ~- appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either parry, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 31. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similaz nature. 32. DESCRIPTIVE HEADINGS: The descriptive headings used herein aze for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 33. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above J. Michael Sheldon, Esquire 'Thomas M. Clark, Esquire BRANDY RUDLOFF, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 09-5095 CIVIL TERM CHRISTOPHER S. RUDLOFF, Defendant CIVIL ACTION -DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE ,9~ r , c~ ~ Q r~ ~ a "i 1. I consent to the entry of a final decree of divorce without notice. c ~ ~ _ r -o 2. I understand that I may lose rights concerning alimony, division of,prop~e~, law~r's fees, or expenses if I do not claim them before a divorce is granted. ,.,, .~ `..=~i {-- ' ' ~~=~ <-.. ~j .. 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 aze true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. 8 y /~ Date Christ er S. Rudloff Defendant BRANDY RUDLOFF, Plaintiff v. CHRISTOPHER S. RUDLOFF, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5095 CIVIL TERM CIVIL ACTION -DIVORCE AFFIDAVIT OF CONSENT c ~ ~ ~ .- G"S O j 't7 ; -,.T,~ --7 r-. i . V~ _,_, .._ ( t~ 1. A complaint in Divorce under §3301(c} of the Divorce Code was filed July~l,q, 2009. ~ - ~ __ ` ~ -f ~ . ~ Nr: 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90}'d ys 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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. to D to Chnsto er S. Rudlo Defendant BRANDY RUDLOFF Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09-5095 CIVIL TERM CHRISTOPHER S. RUDLOFF -n K ,-? - Defendant CIVIL ACTION -- DIVORCE -' r-n - r AFFIDAVIT OF CONSENT --- ' 'r § 3301(c) of the Divorce Code was filed on J d di i l u? er vorce un n aint 1. A comp 27, 2009. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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: 2010 4 y Ru 446,1 Brand BRANDY RUDLOFF Plaintiff vs. CHRISTOPHER S. RUDLOFF Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5095 CIVIL TERM CIVIL ACTION -- DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER g3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2 mcq L:'J 5;0 c? w 'O N .c 1 -C; rn '7'ry 'C7 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: U 1 q'2010 J BRANDY RUDLOFF Plaintiff vs. CHRISTOPHER S. RUDLOFF Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5095 (CIVIL) : CIVIL ACTION -- DIVORCE AFFIDAVIT OF INTENTION TO RESUME PRIOR SURN c a5 1 M a4 COMMONWEALTH OF PENNSYLVANIA -v C) , C> CUMBERLAND COUNTY e ?5m rv Notice is hereby given that BRANDY RUDLOFF, being duly sworn according to law, deposes and says that she is the Plaintiff in the above-captioned divorce action filed in the above court on July 27, 2009 hereby elects to resume her prior surname of Bowman and, therefore, gives this written notice avowing said intention, in accordance with #704 of the Act of November 5, 1972, P.L. 1063, 54 PA C.S.A. 704. DATE: April 01, 2010 ' COMMONWEALTH OF PENNSYLVANIA Brandy R d ff NOT A F: - ?._ SEAL Pa#ricia L. Notary Public TO BE KNOWN AS Lower Pax!cr, Dauphin County MY COMMiSSjuN EXPIRES APR. 28, 2013 Swore and subscribed to before me this day of _,2010 4BranlyBo' an l,, J. Michael 4I1. oo An, AT r-( she wo, elf I(Pgg 01 24'1$/3 n,! T.lr si)St- P; 2: 2 ,'(F'gUtVfY CUMKFig i,' i' a ..?lyd?U1 IN THE COURT OF COMMON PLEAS S CUMBERLAND COUNTY, PENNSYLVANIA BRANDY RUDLOFF, Plaintiff * Vs. * * NO. 2009-5095 CIVIL ACTION - LAW IN DIVORCE CHRISTOPHER S. RUDLOFF, Defendant MOTION TO REVOKE APPOINTMENT OF MASTER AND NOW, comes Christopher S. Rudloff, by and through his Attorney, Thomas M. Clark, Esquire, and files the instant Motion for Revocation of the Appointment of the Divorce Master of which the following is a statement: 1. Christopher S. Rudloff, Defendant in the above-captioned matter, resides at 20 Walnut Lane, Camp Hill, Pennsylvania. 2. Brandy Rudloff, Plaintiff in the above-captioned matter, resides at 501 East Marble Street. Mechanicsburg, Pennsylvania. 3. The Divorce Complaint was filed on July 27, 2009. 4. The Motion for Appointment of Master was filed on December 11, 2009. 5. E. Robert Elicker, Il, Esquire was appointed Master by Order dated December 16, 2009. 6. On August 4, 2010, the parties executed a Marital Settlement Agreement (filed August 12, 2010). 7. In light of the Marital Settlement Agreement of the parties, the Divorce Master's involvement is no longer required. WHEREFORE, Defendant respectfully requests that the Appointment of the Master in this matter be revoked. Dated: 3?S o Respectfully submitted, COLG MARZZACCO, LLC Thomas M. Clark, Esquire 130 West Church Street Suite 100 Dillsburg, PA 17019 (717) 502-5000 I.D. # 85211 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRANDY RUDLOFF, 'Plaintiff vs. NO. 2009-5095 CIVIL ACTION - LAW IN DIVORCE CHRISTOPHER S. RUDLOFF, Defendant CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire hereby certify that on this date, I served a copy of the Motion to Revoke Appointment of Master upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by United States Mail, First Class, Postage Prepaid, as follows: Counsel for Defendant J. Michael Sheldon, Esq 5821 Linglestown Road Suite 212 Harrisburg, PA 17112 Dated: 1L 30/1 Divorce Master Cumberland County Divorce Master's Office E. Robert Elicker, II, Esq. 9 North Hanover Street Carlisle, PA 17013 Thomas M. Clark, Esquire 130 West Church Street Suite 100 Dillsburg, PA 17019 (717) 502-5000 I.D. # 85211 s BRANDY RUDLOFF, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-5095 • c~ ~i i CHRISTOPHER S. RUDLOFF, :CIVIL ACTION -LAW cn ~ ~ Defendant IN DIVORCE v - ~ ,r. - r } PRAECIPE TO WITHDRAW EQUITABLE DIVISION OF MARITAL PROPERTY CLAIM N r- TO THE PROTHONOTARY: Kindly withdraw the Equitable Division of Marital Property Claim Under §3502(a) of the Divorce Code (filed December 11, 2009) at the above-captioned matter. Respectfully submitted, COLGAN MARZZACCO Thomas M. Clark, Esquire Attorney ID # 85211 130 West Church Street Suite 100 Dillsburg, PA 17019 (717) 502-5000 (717) 502-5050 Dated: $l3 ~ ! ~ u BRANDY RUDLOFF, Plaintiff V. CHRISTOPHER S. RUDLOFF, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-5095 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfied the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: J. Michael Sheldon, Esq. 5821 Linglestown Road Suite 212 Harrisburg, PA 17112 Respectfully submitted, COLGAN MARZZACCO Dated: ~ ~?y ~ ~ e By: ~ Thomas M. Clark, Esquire Attorney ID # 85211 130 West Church Street Suite 100 Dillsburg, PA 17019 (717) 502-5000 (717) 502-5050 . I SEP p .., 20-0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRANDY RUDLOFF, Plaintiff * VS. * * CHRISTOPHER S. RUDLOFF, Defendant NO. 2009-5095 "I7 4xt = ? -? mrn G? ;i W ) C rn ={ CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this 3'% day of 2010, based upon the Motion of Defendant, Christopher S. Rudloff, the Appointment of the Divorce Master is VACATED and REVOKED. BY THE COURT: J. lN. Dis ibution: >mas M. Clark, Esquire (for Defendant), 130 W. Church Street, Suite 100, Dillsburg, PA 17019 ichael Sheldon, Esquire (for Plaintiff), 5821 Linglestown Road, Suite 212, Harrisburg, PA 171 12 : E Robert Elicker, II, Esquire (Divorce Master), 9 North Hanover Street, Carlisle, PA 17013 t ;2X rk-,& -6aL a??v 9 ¦ 4 BRANDY RUDLOFF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. N0. 09 - 5095 CIVIL CHRISTOPHER S. RUDLOFF, Defendant IN DIVORCE ORDER OF COURT AND NOW, this ~ day of CLI.Q/N~(/~/1/- 2010, the economic claims raised in the proceedings having been resolved in accordance with a marital property settlement agreement dated August 4, 2010, 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, cc: J. Michael Sheldon Attorney for Plaintiff Thomas M. Clark Attorney for Defendant 1 g~gl rv `-r~ ;G c::+ n ~..~ ~~~ m ~rF r ..~...~ ~=.` ~ a ~; C.? ~C.- ~` ~ ...L7 ..3.. ±~~s l~l ~~ FfLED-l `' CE I0 S17P 15 AM 9: 50 CUM ??;;JNTY BRANDY RUDLOFF P??`'??-°?%?qIN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09-5095 CIVIL TERM CHRISTOPI.IER S. RUDLOFF Defendant CIVIL ACTION -- DIVORCE PROOF OF SERVICE AND NOW, on the date first appearing below, the undersigned counsel for the Plaintiff confirms that the Complaint in Divorce in the above-matter has been properly served upon and properly received by the Defendant, with said proof attached herein. ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ?l0S"AtVL .s' wfc c01 1 (M4 64&0 0';Ilf <f? i70it A. Signature X! ? Agent C ? Addressee B. Received by (Printed Name) C. Date of D6ivery Ch..zt4'ik,S' rl1oC? 1I?C?e"1 0. Is delivery address different from item 1 ? ? Yes If YES, enter delivery address below: ? No a 3. Service Type -~ Certified Mail I xprr I ? Registered ? R- 1i Rr "t for Merchandise ? Insured Mail ? C.O.D. _ i 'cted Delivery? (Extra Fee) x"ies ,riicle Number 7008 1140 OOOD 8361 9026 i rsnsfer from service label) _ Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-tv, , F DATE: August 31, 2010 Respectfully submitted: l - k, J. Michael Sheldon, Esquire Counsel for Plaintiff BRANDY RUDLOFF VS. CHRISTOPHER S. RUDLOFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 09-5095 CIVIL TERM CIVIL TERM PRAECIPE TO TRANSMIT RECORD ;:_ un To the Prothonotary: G'? °1y Transmit: the record, together with the following information to the court for entry of A ,rce ? decree: 1. Ground for divorce: Irretrievable breakdown under 3301 (c) (Strike out inapplicable section) 2. Date and manner of service of the complaint:. July 30, 2009 via U.S. Postal Service, certified mail #7008 1140 0000 8361 9026, restricted delivery 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: by plaintiff 08-31-2010 by defendant 08-04-2010 b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's 3301 (d) affidavit upon the respondent opposing party: 4. Related claims pending: 5. Complete either (a) or (b) a. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: b. Date of plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: 08-31-2010 Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the Prothonotary: 08-12-2010 /1 CD _n m 'x3 BRANDY RUDLOFF V. CHRISTOPHER S. RUDLOFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5095 CIVIL TERM DIVORCE DECREE AND NOW, _ Z' zp , it is ordered and decreed that f BRANDY RUDLOFF CHRISTOPHER S. RUDLOFF bonds of matrimony. , plaintiff, and defendant, are divorced from the 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 By the Court, - I?A J. Prothonotary y ?o