HomeMy WebLinkAbout02-0198SUSAN A. RUCH,
Plaintiff,
VS.
KEVIN L. RUCH,
Defendant,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION- AT LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you, and a decree 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 Plaintifl~. 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 Courthouse, Carlisle, Penn~lvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULME~ IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE TI~S 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 ~LP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
SUSAN A. RUCH,
Plaintiff;
VS.
KEVIN L. RUCH
Defendant,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION- AT LAW
IN DIVORCE
COMPLAINT IN DIVORCE UNDER SECTIONS 3301(0 or 3301(d)
OF ~ DIVORCE CODE
The Plainti~. Susan A. Ruch, by and through her attorneys, The Law Offices of Patrick F
Lauer, Jr., makes the following Complaint in Divorce:
COUNT I - NO-FAULT DIVORCE
1. The Plaintiff~ Susan A. Ruch, is an adult individual whose current address is 12
Dewberry Court, Mechanicsburg Cumberland County, Pennsylvania 17055.
2. The Defendant, Kevin L. Ruch, an adult individual whose current address is 312
l.lndenhan Court, Mechs_rficsburg Ctunbefland County, Pennsylvania 17055.
3. The Parties have been bona fide residents of the Commonwealth of Pennsylvania for at
least six months immediately prior to the filir~g of'this Complaint.
4. The Plaintiff and Defendant were married on November 15, 1986 in Doylestown,
Penn~lvania.
5. There have been no prior actions of divorce or for annulment between the parties.
6. The marriage is irreUievably broken.
7. The Plaintiff and has been advised that counseling is available and that the Plaintiff may
have the right to request that the court require the parties to participate in counseling.
8. This action is not collusive.
WHERF. FORE, the Plaintiff'requests this Honorable Court to enter a Decree of Divorce in thi.~
COUNT H - EQUITABLE DISTRIBUTION
9. Paragraphs one (1) through eight (8) of this Complaint are incorporated herein by
reference as if set forth specifically below.
10. Plaintiff requests the Court to equitably divide, distribute or assign the marital property
between the parties without regard to marital misconduct in such proportion as the Court deems just
after consideration of all relevant factors.
WHEREFORE, The Plaintiff respectfully requests this Honorable Court approve any
settlement reached between the parties; or, in the event they are unable to reach a settlement, to
enter an order of equitable distribution of ma_rital property pursuant to § 3502(a) of the Divorce Code.
COUNT III - CUSTODY
11. Paragraphs one (1) through ten (10) are incorporated herein by reference as if set forth
specifically below.
12.
There are two (2) dependent child~n by this mm'Ha~e as follows:
Andrew R. Ruch d.o.b. 06/12/89
Emily C. Ruch d.o.b. 03/28/92
13. The Plaintiff seeks primary physical custody, partial physical custody or visitation of ail
children bom of this marriage as set forth in Paragraph Twelve (12).
14. The minor children are in the custody of the Plaintiff..
15. The Mother of the children is the Plaintiff, currently residing at the above-referenced
address, Paragraph One (1).
16. The Father of the children is the Defendant, currently resides at 312 Lindenhan Court,
Mechanicsburg Cumberland County, Penn.~lvania 17055.
17. During the past five years, the children have resided at the following address with the
following persons:
Dates:
05/89 - 05/97
05/97- 11/14/01
11/01 - 12/01
23 Palmer Drive
Camp I-rill, PA 17011
12 Dewberry Court
Mechanicsburg, PA 17055
12 Dewbo-~y Court
Mechanic~urg, PA 17055
List All Persons:
Susan A. Poach
Kevin L. Poach
Susan P~ Ruch
Kevin L. Ruch
Susan P~ Ruch
18. Plaintiff resides with the following persons, the childre~
19. Plaintiff has not participated as a pray or witness, or in anothex capacity, in other
litigation eonceaning the custody of the children in thi~ or another court.
20. Plaintiffhas no information of a custody proceeding concerning the childr~ pending in
a court ofthi.~ Commonwealth.
21. Plaintiff does not know of a person not a party to the proceedings who has physical
custody of the children or claims to have custody or visitation fights with respect to the children.
22. The best interests and welfare of the minor children will be served by granting the relief
requested, bec_~_j~:
a. Plaintiff can provide the children with adequate moral, emotional, and physical
surroundings as required to meet the children's needs;
b. Plaintiff is willing to continue custody of the children.
Plaintiff continues to exercise parental duties and enjoys the love and affection
of the children.
23. Each parent whose parental rights to the children have not been tesmlnated and the
person who has physical custody of the children has been named as parties to this action.
~ORE, The Plaintiff respectfully requests this Honorable Court approve any
settlement reached between the parties; or, in the event they are unable to reach a settlement, grant the
Plaintiff rights of physical custody and/or visitation.
Date:
Matthew I. Eshelr~
2108 Market Street
Camp I-lill. Penn~
~ 72655 Tel. (717
Esquire
alga 17011.4706
1763-1800
SUSAN/~ RUCH,
Plainfff
KEVIN L. RUCH,
Defendant
IN THE COURT OF COMMON pI,F. AS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET No. 2001 - CIVIL TERM
CIVIL ACTION- LAW - IN DIVORCE
PREVIOUSLY ASSIGNF. D TO: N/A
VERIFICATION
I verify t_h~__~ the statements m~do. in this Complaint are tree nnd correct. I understand that false
statements herein are made subject to the penalties of 18 Pm C.S. § 4904, relating to u~swom
falsifi~on to authorities.
SUSAN A. RUCH
PATRICK F. LAUER, JR.
Attorney at Law
2108 Market Sueet
Azlec Building
Camp Hill, PA 17011
(717) 763-1800
SUSAN A. RUCH,
Plaintiff,
VS.
KEVIN L. RUCH,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: No.
:
: CIVIL ACTION - AT LAW - CUSTODY
: PREVIOUSLY ASSIGNED TO: N/A
STIPULATION
WHEREAS the parties have born to them two children, namely Andrew R. Ruch, born
June 12, 1989, and Emily C. Ruch, born March 28, 1992 (the children hereafter); and
WHEREAS, the parties wish to enter into an agreement relative to custody, partial
custody, and visitation of the children; and
REFORE, t s day 200 . in considera, on ofthemutual
covenants, promises, and agreements as hereina~er set forth, and intending to be legally bound,
the parties agree as follows:
1. The Mother, Susan A. Ruch, shall have primary physical custody of the parties'
children, Andrew P~ Ruch and Emily C. Ruch. The parties shall share legal custody of the
Children jointly.
2. The Father, Kevin L. Ruch, shall share physical custody of the Children jointly
pursuant to the following schedule:
a. Starting Saturday, December 15, 2001, Father to pick up the Children at noon, and
shall have the Children through Monday morning when he shall drop them off at
school or summer camp, and alternating every other weekend thereafter;
b. Starting Tuesday, December 18, 2001, Father to pick up the Children at 5:30 p.m.,
and shall have the Children through Thursday morning when he shall drop them off
at school or summer camp, and alternating every other Tuesday thereafter;
c. On the remaining Tuesdays, Father to pick up the Children at 5:30 p.m., and shall
have the Children through Wednesday morning when he shall drop them off at
school or summer camp; and
d. Starting Friday, December 21, 2001, Father to pick up the Children at 5:30 p.m.,
and shall have the Children through Saturday at noon, and alternating every other
Friday thereafter.
3. Each party shall be permitted a maximum of two, non-consecutive weeks per year
vacation with the Children, upon giving thirty (30) days notice to the other party.
4. The Father shall also have such additional visitation with the Children as the parties
may mutually agree.
5. Neither party shall do anything which may estrange the Children from the other
parent or injure the opinion of the Children as to the other parent or which may hamper the free
and natural development of the Children's love or respect for the other parent.
6. It is the intention and desire of each of the undersigned parties that this Stipulation
be confirmed as an order of court, without requiring their presence before the court, pursuant to
Rule 1915.7.
SUSAN A. RUCH
SUSAN A. RUCH,
Plaintiff,
VS.
KEVIN L. RUCH,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - AT LAW - CUSTODY
PREVIOUSLY ASSIGNED TO: N/A
CONSENT ORDER
Stipulation of the parties in the above-captioned matter, consisting of 2 pages and bearing the
written consent of the parties,
AND upon direction of this court that the parties need not be present before the court in
order to incorporate their Stipulation into a consent order,
IT IS ORDERED that said Stipulation is incorporated herein by reference as if set forth in
full and approved as a Consent Order pursuant to Pennsylvania Rule of Civil Procedure, Rule
1915.7.
BY ~
Distribution:
Matthew J. Eshelman, Esq.
Kevin L. Ruch
SUSAN A. RUCH,
Plaintiff;
VS.
KEVIN L. RUCI-I,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: No.
:
: CIVIL ACTION - AT LAW - CUSTODY
: PREVIOUSLY ASSIGNED TO: N/A
STIPULATION
WHRREAS the parties have bom to them two children, namely Andrew R. Ruch, born
June 12, 1989, and Emily C. Ruch, born March 28, 1992 (the children hereai~er); and
WHEREAS, the parties wish to enter into an agreement relative to custody, partial
custody, and visitation of the children; and
REFORE, t s _ day of 200 in consideration ofthemu
covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound,
the parties agree as follows:
1. The Mother, Susan A. Ruch, shall have primary physical custody of the parties'
children, Andrew R. Ruch and Emily C. Ruch. The parties shall share legal custody of the
Children jointly.
2. The Father, Kevin L. Ruch, shall share physical custody of the Children jointly
pursuant to the following schedule:
a. Start'rog Saturday, December 15, 2001, Father to pick up the Children at noon, and
shall have the Children through Monday morning when he shall drop them off at
school or summer camp, and alternating every other weekend therea~er;
b. Starting Tuesday, December 18, 2001, Father to pick up the Children at 5:30 p.m.,
and shall have the Children through Thursday morning when he shall drop them off
at school or summer camp, and alternating every other Tuesday thereat~er;
c. On the remaining Tuesdays, Father to pick up the Children at 5:30 p.m., and shall
have the Children through Wednesday morning when he shall drop them off at
school or summer camp; and
d. Starting Friday, December 21, 2001, Father to pick up the Children at 5:30 p.m.,
and shall have the Children through Saturday at noon, and alternating every other
Friday thereaf[er.
3. Each party shall be permitted a maximum of two, non-consecutive weeks per year
vacation with the Children, upon giving thirty (30) days notice to the other party.
4. The Father shall also have such additional visitation with the Children as the parties
may mutually agree.
5. Neither party shall do anything which may estrange the Children from the othe~
parent or injure the opinion of the Children as to the other parent or which may hamper the free
and natural development of the Children's love or respect for the other parent.
6. It is the intention and desire of each of the undersigned parties that this Stipulation
be confirmed as an order of court, without requiring their presence before the court, pursuant ~o
Rule 1915.7.
SUSAN A. RUCH
SUSAN A. RUCH,
Plnintiff,
VS.
KEVIN L. RUCH,
Defendant,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: No. 02-198 CIVIL TERM
:
: CIVIL ACTION - AT LAW
: 1~ DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. A compl~ in divorce under Scefi~ 3301(c) of the Divorce Code was ~cd co January 15,
2002.
2. The marriage of tt~ Plaintiff and the Defendam is h-~ievably broken and ninety days have
elapsed ~ the date of fili.g and service of the Complalnt~
3. I consent to the entry of a final ~ of divor~ ~ SCl'Vice of Ilotice of illIr~on to lXX~est
st__m__~emems herein are ~de subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom ~l$~fication to
authorities.
SUSAN A. RUCH
SUSAN A. RUCH,
Plaint jif,
VS.
KEVIN L. RUCH,
Defend..~
IN THE COURT OF COMMON PI.FAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 02-198 CIVIL TERM
CIVIL ACTION - AT LAW
IN DIVORCE
PLAINTIFF'S WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(¢) OF THE DIVORCE CODE
1. I consent to the entxy_ ofafinal decree of divorce without notice.
2. I unde~sland that I may lose rights coocemi~ alimony, division of propemy, lawy~'s fees, or
expenses if I do not claim them begore a divorce is granted.
3. I und~siand ~ I will not bo divorced until a divorce doca~ is retell by the Court and thru a
copy of the d~xce will be sent to me imrncdiamly atLer it is filed with the prothonotary.
4. I verify ~ ~ ~-tements made in this affidavit are tme and correct. Iunderslandthatfalse
~_at___~ents herein are made subject to the pen_a_lfies of 18 Pa. C.S. § 4904 relating to un.~eom falsificaticm to
SUSAN A. RUCH
SUSAN A. RUCH,
Plaintiff,
KEVIN L. RUCH,
Defendant,
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: No. 02-198 CIVIL TERM
:
: CIVIL ACTION - AT LAW
: IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
UNDER SECTION 3301(¢) OF THE DIVORCE CODE
1. A comp~ in divorce nn_dor_ Section 3301(c) of the Divorce Code was filed o~ January 15,
2002.
2. The marri~ of the Plaintiff and the D~e'nd~nt is irretrievably broken and nino~/days have
elapsed fx~m the ~¢ of the fi~in~ and service of the Complaint.
3. I consent to the entry of a fina! decree of divorce at~er service of notice of imonlion to request
e~y of tho decree.
4. I v~fy lhat tho ~tnto~le~-~_$ ll~nc~o= in thi~ at~lavit ar~ true and correct. I ~ thc_t_ Fal~
~_~aems heath am made subject to the penalties of 18 Pa. C.S. § 4904 r~lating to un~vom f~lgificatio~ to
authorities.
Si~mamr~:
/ KEV /RU Cn
SUSAN A. RUCH,
Plaintiff,
VS.
KEVIN L. RUCH,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION- AT LAW
DEFENDANT'S WAIVER OF NOTICE OF INTENTION
TO REQUF~T ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I ,mdemtanfl that I may lose fights concerning alim~my, division of property, lawyer's fees, or
expenses ifI do not claim them before a divorce is granted.
3. I tmdersmad ttmt I will not be divorced until a divorce decree is entered by the Court and that a
copy of the decree will be seat to me hqm~di _m_e!y atter it is filed with the prothonotmy.
4. I verify thru the ~at_emm~ made in this affidavit are true and correct. I ,,nd_~,~-~md hhat ~i~e
~_~a_t_,m~ats herein are rna_de subject to the penalties of 18 Pa. C.S. § 4904 relating to ,m~wom falsification to
authorities.
Signature:
SUSAN A. RUCH,
Plain~ff
VS.
KEVIN L. RUCH,
Defend,nt
: IN ~ COURT OF COMMON PLEA. S OF
: CUMBERI,A_ND COUNTY, PENNSYLVANIA
:
: NO. 02-198 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF SERVICE
TO THE PROTHONOTARY:
I, Matthew J. Eshelman, Esquire, verify that the Complaint in Divorce has been
served upon the Defendant indicated above by first class, Cer~i6ed Mail No. 1670-0005-
2769-2862, postage prepaid, return receipt requested, pursuant to the requirements of
..,.,.- ,,. .',. ,-- ,,, ,,.,. ,o,,,, .o .,. . ., ,.., ,
,1
Date:
102565-97,B.-0179
Matthew J. E~heiman, Esquire
Law Offices of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Penn.~¥1vania 17011-4706
II~ 72655 Tel. (717) 763-1800
SUSAN A~ RUCH,
Plaintiff
VS.
KEVIN L. RUCH,
Defendant
IN ~ COLIRT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 02 - 198 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
To the Prothonotary:
Transmit the record, together with the following information, to the Court for entry
of a divorce decree:
1. Ground for Divorce: Irretrievable breakdown under § 3301 (c) § 3301 (dX 1 ) of the
Divorce Code. (Strike out inapplicable section)
2. Date and Manner of service of the Complaint:
Service by certified mail # 1670-0005-2769-2862, delivered on January 31, 2002·
Attached
Affidavit of Service.
See
Code:
3. (Complete either paragr~h (a) or (b).)
(a) Date of execution ofthe ailidavit of consent required by § 3301 (c) of
the Divorce Code: bythe Plaintiff M~y 14 ~002'
by the Defendant
Co) Date of execution of the affidavit required by § 3301(d) of the Divorce
l~ate of filing of the Plaintiffs affidavit upon the respondent: ·
Date of service of the Plaintiffs affidavit upon the respondent:
4. Related claims pending:
A~oros~'no. nt nFth~ pnrfit~q intn th~ Divnrr~
Date:
5. (Complete either paragraph (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 Plaintiffs Waiver of Notice in § 3301(c/) Divorce was filed with
the prothonotary: fil~ ~limnltnnt~tml '
Date Defendant's Waiw
the prothonotary: fil,M ~imnlts
(c) Divorce was filed with
Law Off[ ~es of Pa dck F. Lauer, Jr.
2108 Marlfet Stre, Aztec Building
Camp I-rd[ Penm dvania 170114706
IDg 72655 Tel. (717 763-1800
SUSAN A. RUCH,
Plaintiff,
VS.
KEVIN L. RUCH,
Defendant,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: No.
:
: CIVIL ACTION- AT LAW
: IN DIVORCE
SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
THIS AGRF.~MENT, made this ~ day of 200~ by and between SUSAN A.
RUCH of Mechanicsburg, Cumberland County, Pennsylvania, hereina~er referred to as Wife; and
KEVIN L. RUCH of Mechanicsburg Cumberland County, Pennsylvania, hereinafter referred to as
Husband, WlTNESSETH THAT:
WI-IFREAS, Husband and Wife were married on November 15, 1986, in Doylestown, Bucks
County, Pennsylvania; and
WI-IF. RE.AS, the parties are bona fide residents of the Commonwealth of Pennsylvania and
have been so for at least the past six months; and
WI-IFREAS, certain differences have arisen between the parties hereto and, as a consequence,
they have ceased living as Husband and Wife since November 14, 2001; and
WI-IF. REAS, Husband and Wife desire to settle and determine certain of their marital fights and
obligations, make an equitable distribution of their marital property, and determine their rights to
alimony, support, and all other matters which may be considered under the Divorce Code; and
WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights
and duties of the parties while they continue to live apart fi.om each other and to settle all financial and
property rights between them; and
Wl-mREAS, the parties hereto have mutually entered into an agreement for the division of
their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of
their mutual differences, after both have had full and ample opportunity to consult with attorneys of
their respective choice, and the parties now wish to have that agreement reduced to writing; and
WI~.REAS, in preparin~ this Agreement and negotiations contemporaneously therewith, W'uC-~
was repr~nted by Matthew J. Esbelman, Esquire, and Husband was informed of the opportunity and
advisability of retaining independent legal counsel such that each party may receive a full explanation of
this Agreement and its binding legal effect; and,
NOW TI-IERF. FORE, the parties, in consideration of the mutual promises set forth hereinafter,
and for other good and valuable consideration, intending to be legally bound and to legally bind their
heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as
follows:
ARTICI,~ I- SEPARATION
1.1 Separation. It shall be lawful for Husband and W'ffe at all times hereatter to live
separate and apart from each other and to reside from time to time at such place or places as they shall
respectively deem fit, flee from any control, restraint, or interference, direct or indirect, by each other.
Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell
with him or her by any legal or other proceedings. The foregoing provisiom shall not be taken to be an
admission on the part of either party of the lawfulness of the causes leading to them living separate and
apart.
1.2 Effect of Reconciliation. This Agreement shah not be deemed to have been waived or
otherwise effected by a reconciliation, cohabitation, or resumption of marital relations between the
parties. The parties shall not be deemed to have reconciled with the intention of vitiating or terminating
this Agreement unless they make such actions through a written instrument, executed, and
acknowledged in the same manner as this Agreement.
ARTICLE H- DIVORCE
2.1 Divorce Action. This Agreement is not predicated on divorce. Notwithstanding the
foregoing, it is, in fact, agreed and acknowledged between the parties that Wife has filed a divorce
action ~g?inst Husband, and that both parties agree, as a condition to this agreement, to execute the
necessa~ divorce consents required by Section 3301(c) of the Divorce Code, including the Waiver of
Notice of Intent to Transmit Divorce Decree, so as to promptly finalize said action. It is warranted,
covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and
enforceable and this warranty, covenant, and representation is made for the specific purpose of
inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and
understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal,
or unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree
that, in any possible event, he and she are and shall forever be estopped from asserting any ill~allty or
unenforceability as to all or any part of this Agreement.
2.2 Final Resolution. It is further specifically understood and agreed that the provisions
of this Agreement relating to the equitable distribution of property of the parties are accepted by each
party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree,
judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the
parties to this Agreement hereby consents and agrcc~ that this Agreement and all its covenants shall not
be affected in any way by any such separation and divorce; and that nothing in any such decree,
judgment, order or further modification or revision thereof shall alter, amend or vary any term of this
Agreement, whether or not either or both of the parties should remarry, it being understood by and
between the parties that this Agreement shall survive and shall not be merged into any decree,
judgment or order of divorce or separation.
2.3 Incorporation of Agreement into Decree. It is specifically agreed that a copy of this
Agreement shall be incorporated by reference into any divorce, judgment or decree if or whenever
sought by either of the parties hereto. Such incorporation, however, shall not be regarded as a merger,
it being the intent of the parties to permit this Agreement to survive any such judgment or decree.
ARTIC~,E m - EQUITAB!,E DISTR1RUTION OF MARITAL PROPERTY
3.1 Criteria of Distribution. The parties have attempted to divide their marital property
in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic
Relations Code, and talcing into account the following considerations: the length of the marriage; the
prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills,
employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the
education, training or increased earning power to the other party; the opportunity of each party for
future acquisition of capital assets and income; the sources of income of both parties, including but not
limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party
in the acquisition, preservation, depreciation, or appreciation of marital property, including the
contribution of a party as a homemaker; the value of the property set apart to each party; the standard
of living of the parties established during their marriage; the economic circumstances of each party,
including federal, state and local tax ramifications, at the time of the division of the property is to
become effective; and whether the parties will be serving as the custodi_an of any dependent minor
children.
3.2 Satisfaction of Rights of Equitable Distribution. The division of existing marital
property is not intended by the parties to constitute in any way a sale or exchange of assets. The
division of property under this Agreement shall be in full satisfaction of all rights of equitable
distribution of parties.
3.3 Relinquishment of Claims. Husband agrees to relinquish all claims to any assets that
may be acquired by Wife prior to the finalized divorce decree, and Wife agrees to relinquish all claims
to any assets that may be acquired by Husband prior to the finali?ed divorce decree, except as may be
otherwise set forth herein.
3.4 Marital Ros_idenee. The parties agree to liquidate the marital residence at 12
Dewberry Court, Mechanicsburg Cumberland County, Pennsylvania 17055, and to divide the net
proceeds (i.e. less the usual, customary and actual costs of sale) equally between them. Although it is
the intention of the parties to liquidate the property forthwith; in the interim, Wife shall have sole and
exclusive possession thereof. Both parties specifically agree, if necessary at any time make, execute,
and deliver any and all documents in the usual form conveying, transferrin~ and granting to a bona fide
purchaser all their right, rifle, and interest in and to the marital residence; provided that, Wife reserves a
right of first refusal to buy out Husband's estimated net proceeds and to refinance the mortgage,
removing his obligation thereon. Husband's net proceeds would be estimated by a licensed real estate
appraiser at Wife's cost. If Husband disagrees with v~rffe's appraisal/estimate of net proceeds,
Husband shall obtain an estimate by a second, licensed real estate appraiser at his own cost, and the
two values will be averaged.
3.5 Personalty. The parties have agreed between themselves to a division of all household
furnishings and personal property which would be considered "marital property" under the
Pennsylvania Divorce Code, including any pensions or retirement savin4~s accounts or plans. Except as
otherwise provided herein, the parties acknowledge and agree that the assets in the possession of the
other spouse shaft be that spouse's sole and separate property, each party hereto specifically releasing
any claim he or she may have with respect to such items. The parties further agree that, as to all assets
not specifically mentioned herein which are presently rifled in the sole name of one of the parties hereto
or, ifuntiried, are presently in the sole possession of one of the parties hereto, the party not having rifle
thereto or possession thereof hereby releases any claims therein and acknowledges that the party
having rifle or possession of such items shall be the sole and exclusive owner thereof. In partioalar, it is
specifically agreed that Wife shall retain all of the current contents of the marital residence as the sole
and exclusive owner thereof.
3.6 Vehicles. Wife shal! receive the 1999 bYlssan Pathfinder and its corresponding
indebtedness; and Husband shall receive the 2001 Saturn Sedan and it corresponding indebtedness. To
that end, Husband agrees to transfer to Wife all his interest in the 1999 N'ms,an. v~rrfe shall have sole
and exclusive possession thereof~ and, upon refinancing of the AliFirst Loan by Wife, Husband shall if
necessary at any time make, execute, and deliver any and all documents in the usual form conveying,
transferring, and granting to Wife all his right, rifle, and interest in and to the Pathfmder. Wife agrees to
transfer to Husband all her interest in the 2001 Saturn Sedan. Husband shall have sole and exclusive
possession thereot~ and, upon refinar~ing of. the GM_AC loan by Husband, Wife shall if necessary at
any time make, execute, and deliver any and all documents in the usual form conveying, transferring,
and granting to Husband all her right, title, and interest in and to the Saturv_
3.7 Retirement. Each parties specifically waives any claim they may have against the
retirement savings of. the other. Each party acknowledges that the other spousal has a retirement
plan(s) or account(s), including Wife's Employee Stock Purchase Plan and respective 401(k) accounts,
to which the parties may have contributed martial property over the course of the marriage. Each of
the parties acknowledges, without the necessity of an expert valuation, that retirement assets may
prove comprise a substantial percentage of the entire martial estate. Nonetheless, each party desires to
waive and specially releases any claim they may have as to the retirement assets currently in the
possession of the other spouse. Each party further agrees to execute immedi_a_t~ely upon demand any
documents as may be required by the retirement plan administrator of the other spouse so as to confirm
they have waived any claim right or interest thereto.
ARTICI,F~ IV- DEBTS OF ~ PARTIES
4.1 Debts. During the course of the marriage, Husband and Wife have incurred certain
bills and obligations and have amassed a variety of debts. It is hereby agreed, without the necessity of
ascenain~g for what purpose and to whose use each of the bills were incurred, that, except as
otherwise provided herein, both parties are equally responsible for all such bills, obligations, and debts.
Husband and W'LFe each agree to hold the other flee and harmless fi.om any and all liability which may
arise fi.om any outstanding bills, obligations, and debts incurred al~er the date of separation, and further
agree to indenugfy and defend the other fi.om any claim regarding same. Both parties agree that, in the
future, neither shall cause or peamit to be charged to or against the other any purchase which either of
them may hereafter make and shall not hereaiter create any engagements, debts, or obligations in the
name of or against each other.
4.2 Ref'mancing Agreement. In exchange for release whatever claim they may have
against the vehicle of the other as set forth above, each of the parties agrees that the other party should
not be burdened by any debt, lien, or mortgage encumbering that property, including but not
necessarily limited to, the AllFirst loan secured by '5lrtfe's'' Pathfinder, and the GMAC loan secured by
"Husband's" Saturn. To that effect, each of the parties agrees to immediately refinance any such
encumbrance in order to remove the name of the non-possessory spouse. The parties recognize that
financial circumstances may hinder or obstruct the ability of a party to refinance. Therefore, a party
who is unable to immediately refinance a jointly held debt, lien, or mortgage shall reapply for
refinancing within an interval of no less than one year from any unsu~ refinancing attempt.
Every reasonable and good faith effort shall be applied to an attempt to refinance. Husband and Wife
each agree to hold the other flee and harmless fi.om any and all liability which may arise fi.om any
outstanding bills, obligations, and debts encumbering real property in their possession and further agree
to indenmify and defend the other fi.om any claim regarding same.
ARTICL~ V- ^LrMONY AND SUPPORT
~.1 Alimony or Spousal Support. Pursuant to this Agreement of the parties, each party
specifically waives any claim they may have against the other for alimony, alimony pendeme lite,
spousal support, maintenance, or the like.
5.2 Child Support. Except as otherwise set forth herein, the parties agree to allow the
Domestic Relations Office to calculate the support obligation(s) of the parties without deviation fi.om
the Pennsylvania Support Guidelines. The parties specifically agree to share equally the cost of day
care and orthodontic medical expenses, without regard to the proportional incomes of the parties.
Likewise, Husband agrees to be responsible for 100% of the cost of health insurance for the children,
with deduction fi.om gross income in the calculation of support. The amount of child support is subject
to periodic reevaluation in accordance with the incomes of the parties and Pennsylvania Support
Guidelines.
5.3 Claim to Exemption for Child of Separated Parents. Husband agrees not to claim
an exemption for Andrew R. Ruch or Emily C. Ruch for the tax years 2002 and all future years.
Husband's Social Security Number is 054-64-1598. Copies of this paragraph and the signature page of
this Separation and Property Settlement Agreement shah serve as a substitute Form 8332 for the
Department of the Treasure, Internal Revenue Service. It is the parties' intention that Wife be
permitted to claim the children as exemptions fi.om her income taxes in 2002 and all future years.
Moreover, the parties agree to divide their jointly filed 2001 federal income tax retired equally between
them, with credit thereafter deducted for advances made by Wife on Husband's be~.
5.4 Wife's Attorneys Fees and Costs. Husband agrees to reimburse Wife one-half of her
attorney's fees and costs incurred subsequent to December 17, 2001, through the date of the divorce
decree, exclusive of any litigated matters such as the calculation of child support. The Fees and Costs
are currently estimated to total $1,100.00, of which Husband would be responsible for one-half,
ARTICI,E VI- MI.gCELLANEOUS PROVISIONS
6.1 Attorneys Fees upon Breach. Each of the parties agrees that should either of them
be in breach of contract and fail to comply with the terms of the Agreement herein, the breaching party
shall be responsible for all court costs and attorney fees reasonably necessary to enforce the
Agreement.
6.2 Advice of Counsel The parties acknowledge that they have been given full and fair
opportunity to consult legal counsel regarding the legal effect of this agreement. They acknowledge
and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into
freely and voluntarily, aider having received such advice and with such knowledge that execution of this
Agreement is not the result of any duress or undue influence and that is not the result of any collusion
or improper or illegal ~greement or agreements.
6.3 Mutual Release. Husband and Wife each do hereby mutually remise, release,
quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all
purposes whatsoever, of and from any and all fight, rifle, interest, or claims in or against the property
(including income and gain from property heres~er accruing) of the other, or against the estate of such
other, of whatever nature and wheresoever situate, which he or she now has or at any time hereai~er
may have against such other, the estate of such other, or any part thereot~ whether arising out of any
former acts, contracts, engagements, or liabilities of such other as by way of dower, curtesy, or claims
in the nature of dower, eurtesy, widow's or widower's fights, family exemption, or similar allowance, or
under the intestate laws, or the right to take against the spouse's will, or the fight to treat a lifetime
conveyance by the other as testamentary, or any 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. The parties further release any
claim to all rights which either party may have or at any time hereafter have for past, present, or fi~ture
support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether
arising as a result of the marital relation or otherwise, 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 thereof. It is the intention of Husband and Wife to give each other by execution of this
Agreement a full, complete and general release with respect to any and all property of any kind of
nature, real or 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 thereof. Both parties acknowledge that they have been advised
that each may have the right to assert a claim for spousal support, alimony, alimony penderae lite,
attorneys fees, costs and/or expenses. Except as otherwise provided herein, each party hereby waives
any right to such economic claiw_s ancillary to the divorce and accepts the provisions of this Agreement
relating to these claims as a final settlement for all purposes, as contemplated by the Pennsylvania
Divorce Code.
6.4 Warranties. Each party represents that they have not heretofore incurred or
contracted for any debt or liability or obligations for which the estate or the other party may be
responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify
or hold the other party harmless from and against any and all such debts, liabilities or obligations of
each of them, including those for necessities, except for the obligations arising out of this Agreement.
Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times
hereaf[er, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred
by the other al[er the execution date of this A4~reement, except as is otherwise specifically provided for
by the texans of this Agreement and that neither of them will hereai~er incur any liability whatsoever for
which the other may be liable.
6.5 Modification. No waiver or modification of any of the terms of this Agreement shall
be valid unless in writing and signed by both parties, and no waiver of any enforcement claims for
breach or default shall be deemed a waiver of any subsequent default of the same or similar nature.
6.6 Document Execution. The parties agree that they will promptly execute any and all
written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be
necessary or desirable for the proper implementation of this Agreement, and as their respective counsel
shall mutually agree should be so executed in order to carry out fully and effectively the terms of this
Agreement.
6.7 Governing Law. This Agreement shal! be construed in accordance with the laws of
the Commonwealth of Pennsylvania which are in effect as of the execution date of this Agreement.
6.8 Binding. This Agreement shall be binding and shall inure to the benefit of the parties
hereto and their respective heirs, executors, administrators, successors, and assign.q.
6.9 Entire Agreement. This Agreement constitutes the entire understanding of the parties
and supersedes any and all prior agreemems and negotiations between them. There are no
representations or warranties other than those expressly set forth herein.
6.10 Severability. If any term, condition, clause, section, or provision of this Agreement
shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition,
clause, or provision shall be stricken bom this A~;reement, and in all other respects, this Agreement
shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet
his or her obligation under any one or more of the articles and sections shall in no way void or alter the
remaining obligations of the parties. The parties expressly represent that the headings of each
paragraph are solely for purposes of convenience and are not to be construed as controlling.
6.11 Equitable Division. It is specifically understood and agreed that this Agreement
constitutes an equitable distribution of property, both real and personal, which was legally and
beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by
the Divorce Code of the Commonwealth of Pennsylvania.
6.12 Disclosure. The parties warrant and represent that they have made a full disclosure of
all assets prior to the execution of this Agreement and that this agreement was entered into in reliance
upon that disclosure.
6.13 Enforceability and Consideration. This Agreement shall survive any action for
divorce and decree of divorce and shall forever be binding and conclusive on the parties, and any
independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by
either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this
contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the
covenants and agreements of each of the parties to the other. The adequacy of the consideration for all
agreements herein contained and stipulated, confessed and admitted by the parties, and the parties
intend to be legally bound hereby. In the event either party breached the aforesaid Agreement and it is
dete,~fined through appropriate legal action that the alleged party has so breached the Agreement, the
breaching party shall be responsible for any and all attorney's fees as well as costs and expenses
associated with litigation incurred by the non-breaching party to enforce this Agreement against the
breaching party.
IN WITNESS WI~REOF, the parties hereto have set their bonds and seals the day and year
WITNESSED BY:
KI~v~ L. RUCI~ HUSBAND
SUSAN A. RUCH, WIFE
12
INTHE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF ~~ PENNA.
VERSUS
NO. 02-198
CIVIL TERM
DECREE IN
DIVORCE
AND NOW, ~ {~/~2..~ ~, O ~2"~ It IS ORDERED AND
DECREED THAT SUS~N A. RUC~
, PLAINTIFF,
AND KRVT~ T. ~ , DEFENDANT~
ARE D'VORCED FROM THE BONDS OF MATRIMONy.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECO. RD IN THIS ACTION
Th~ R~pa~afinn anti P~n~rty ~f~l~nf a~n~ Af fh~
herein.
BY
COURT:
ATTEST:
PROTHONOTARY
SUSAN A. RUCH,
PLAINTIFF/RESPONDENT
KEVIN L. RUCH,
DEFENDANT/PETITIONER
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
:
: NO. 02-198 CIVIL TERM
: CIVIL ACTION - LAW
: ACTION FOR CUSTODY
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 within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the Defendant/Petitioner. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle PA 17013
(717) 249-3166
1-800-990-9108
SUSAN A. RUCH,
PLAINTIFF/RESPONDENT
VS.
KEVIN L. RUCH,
DEFENDANT/PETITIONER
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO. 02-198 CIVIL TERM
:
: CIVIL ACTION - LAW
: ACTION FOR CUSTODY
PETITION FOR MODIFICATION OF CUSTODY ORDER
AND NOW, comes the Defendant/Petitioner, KEVIN L. RUCH, by and through his
counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candicllo, P.C., and files
this Petition for Modification of Custody Order upon a cause of action of which the following is
a statement:
1. Thc Defendant/Petitioner is KEVIN L. RUCH (hereinafter sometimes referred to
as "Father"), who currently resides at 1101 Lindenham Court #312, Mechanicsburg, Cumberland
County, Pennsylvania, 17055.
2. The Plaintiff/Respondent is SUSAN A. RUCH (hereinafter sometimes referred to
as "Mother"), who currently resides at 109 Millers Lane, Mechanicsburg, Cumberland County,
Pennsylvania, 17055.
3. Defendant/Petitioner seeks to continue Shared Legal Custody and to be awarded
Primary Physical Custody of the following children:
.Name Present Residence
ANDREW R. RUCH 109 Millers Lane
Mechaniesburg PA
EMILY C. RUCH 109 Millers Lane
Mechanicsburg PA
4.
,Date of Birth
06/12/1989
03/28/1992
The children were born of the marriage of the Plaintiff/Respondent and
Defendant/Petitioner.
5. The children are presently in the Primary Physical custody of
PlaintifffRespondent in accordance with the present custody order.
6. During the past five (5) years the children have resided with the following persons
at the following addresses:
Nameffs)
Plaintiff/Respondent
Plaintiff/Respondent and
Defendant/Petitioner
Address
109 Millers Lane
Mechanicsburg, PA
12 Dewberry Court
Mechanicsburg, PA
Dates
May, 2002 to Present
May, 1997 to May, 2002
7. The mother of the children is Plaintiff/Respondent who currently resides at 109
Millers Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
8. Plaintiff/Respondent and Defendant/Petitioner were married.
Plaintiff/Respondent and Defendant/Petitioner were divorced on June 10, 2002. Both
Plaintiff/Respondent and Defendant/Petitioner are presently single.
9. The father of the children is Defendant/Petitioner who currently resides at 1101
Lindenham Court #312, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
10. The relationship of the Plaintiff/Respondent to the children is that of natural
mother. The Halntiff/Respondent currently resides with no one other than the children.
12. The relationship of the Defendant/Petitioner to the children is that of natural
father. The Defendant/Petitioner currently resides with no one other than the children.
13. Defendant/Petitioner has participated as a party in a prior custody agreement
concerning the custody of these children in this court. The court, term and number, and its
relationship to this action are as follows: the court was Cumberland County, the docket number
is 02-198 Civil Term, the result was an agreed upon custody order dated June 10, 2002, a copy of
which is attached hereto and made a part hereof as Exhibit "A".
14. Defendant/Petitioner has no information of a custody proceeding concerning the
children pending in a court of this Commonwealth at this time.
15. Defendant/Petitioner does not know of a person not a party to the proceedings who
has physical custody of the children or claims to have custody or visitation rights with respect to
the children.
16. The best interests and pegmanent welfare of the children will be served by granting
the relief requested because:
A. Father has great love and concern for his son and daughter;
B. Father has a warm, loving, happy home and family environment to
enable his son and daughter to grow and develop within;
C. Mother experiences difficulty interacting with and disciplining the
children;
D. Father has always had a work schedule which permitted him to be the
primary caregiver for the children;
E. Father continues to have a work schedule which makes him
available to the children at all times, while Mother would have to continue
to use a day care provider as she has insisted on doing despite Father's
work schedule and requests for the children;
F. Father resides in the school district of the children;
G. Mother has refused to allow Father to be with his children when
Father is not at work, she is at work and the children are in day care;
H. Father would not deny Mother visitation with the children when she
was able to have the children and Father was not able to have the children;
I. The children have expressed a great desire to be with their Father for
greater periods of time and Father wants his children to be with him for
greater periods of time.
17. Each parent whose parental rights to the children have not been terminated and the
person who has physical custody of the children have been named as parties to this action.
WHEREFORE, Defendant/Petitioner, KEVIN L. RUCH, requests this Honorable
Court to grant both Defendant/Petitioner, KEVIN L. RUCH, and Plaintiff/Respondent, SUSAN
A. RUCH, Shared Legal Custody, and Defendant/Petitioner, KEVIN L. RUCH, Primary
Physical Custody and Plaintiff/Respondent, SUSAN A. RUCIt, Partial Physical Custody of the
parties' minor children, ANDREW R. RUCH and EMILY C. RUCH.
Respectfully submitted,
Dated: November I , 2002
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
S_us~n Kay Can~4or~quire' -
Counsel for Defe,ndan~/Petitioner
PA I.D. # 64998 ~
5021 East Trindle Road
Suite 100
Mechanicsburg PA 17050
(717) 796-1930
VERIFICATION
The undersigned hereby verifies that the facts averred in the foregoing document are tree
and correct to the best of his knowledge, information, and belief. This verification is made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities.
KEVI~ LLOYD RU~H
EXHIBIT "A"
SUSAN A. RUCH,
Plaintiff,
VS.
KEVIN L. RUCH,
Defendant
· IN TI-rE COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY, PENNSYLVANIA
· No.
CIVIL ACTION - AT LAW - CUSTODY
· PREVIOUSLY ASSIGNED TO: N/A
AND NOW, this/'~ ~ day of ~ 2002, upon consideration of the attached
Stipulation of the parties in the above-captioned matter, consisting of 2 pages and bearing the
written consent of the parties,
AND upon direction of this court that the parties need not be present before the court in
order to incorporate their Stipulation into a consent order,
IT IS ORDERED that said Stipulation is incorporated herein by reference as if set forth in
full and approved as a Consent Order pursuant to Pennsylvania Rule of Civil Procedure, Rule
1915.7.
BY ~ COURT:
Distribution:
Matthew J. Eshelman, Esq.
Kevin L. Ruch
SUSAN A. RUCH,
Plaintiff~
VS.
KEVIN L. RUCH,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.
:
: CIVIL ACTION - AT LAW - CUSTODY
: PREVIOUSLY ASSIGNED TO: N/A
STIPULATION
WHEREAS the parties have bom to them two children, namely An~V R. l~uch, born
June 12, 1989, and Emily C. Ruch, bom March 28, 1992 (the children her~:er); and
:_
~:/-'; ". :
WHEREAS, the parties wish to enter into an agreement relative to l~ody~-~bartia~"
custody, and visitation of the children; and
THEREFORE, this ,~ day of/'~,"~-/ 20ty~'. in consideration ofthe mutual
covenants, promises, and agreements as hereinaiter set forth, and intending to be legally bound,
the parties agree as follows:
1. The Mother, Susan A. Ruch, shall have primary physical custody of the parties'
children, Andrew R. Ruch and Emily C. Ruch. The parties shall share legal custody of the
Children jointly.
2. The Father, Kevin L. Ruch, shall share physical custody of the Children jointly
pursuant to the following schedule:
Starting Saturday, December 15, 2001, Father to pick up the Children at noon, and
shall have the Children through Monday morning when he shall drop them off at
school or summer camp, and altematin8 every other weekend thereafter;
b. Starting Tuesday, December 18, 2001, Father to pick up the Children at 5:30 p.m.,
and shall have the Children through Thursday morning when he shall drop them off
at school or summer camp, and alternating every other Tuesday thereafter;
c. On the remaining Tuesdays, Father to pick up the Children at 5:30 p.m., and shall
have the Children through Wednesday morning when he shall drop them off at
school or summer camp; and
d. Starting Friday, December 21, 2001, Father to pick up the Children at 5:30 p.m.,
and shall have the Children through Saturday at noon, and alternating every other
Friday thereafter.
3. Each party shall be permitted a maximum of two, non-consecutive weeks per year
vacation with the Children, upon giving thirty (30) days notice to the other party.
4. The Father shall also have such additional visitation with the Children as the parties
may mutually agree.
5. Neither party shall do anything which may estrange the Children from the other
parent or injure the opinion of the Children as to the other parent or which may hamper the free
and natural development of the Childreffs love or respect for the other parent.
6. It is the intention and desire of each of the undersigned parties that this Stipulation
be confirmed as an order of court, without requiring their presence before the court, pursuant to
Rule 1915.7.
SUSAN A. RUCH
SUSAN A. RUCH,
VS.
KEVIN L. RUCH,
PLAINTIFF
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
:
: NO. 2002-198 CIVIL TERM
:
: CIVIL ACTION - LAW
: CUSTODY
PRAECIPE FOR ENTRY OF APPEARANCE
Please enter my appearance on behalf of the Defendant, Kevin L. Ruch.
Dated: October ,~c~ · 2002
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
Susan Kay C~-~Esqui~'e '
Suite 100
Mechanicsburg PA 17050
(717) 796-1930
SUSAN A. RUCH
PLAINTIFF
KEVIN L. RUCH
DEFENDANT
: 02-198
:
IN CUSTODY
:
ORDER OF COURT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
AND NOW, Thursday, November 14, 2002 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, December 03, 2002 at 8:30 AM
for a Pre-Heating Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent ordex.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl.
FOR THE COURT,
By: /si Dawn S. Sunday, Esq. C.~
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ItELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
SUSAN A. RUCH,
PLAINTIFF/RESPONDENT
VS.
KEVIN L. RUCH,
DEFENDANT/PETITIONER
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
:
: NO. 02-198 CIVIL TERM
:
: CIVIL ACTION - LAW
: ACTION FOR CUSTODY
ACCEPTANCE OF SERVICE
I, Diane S. Baker, Esquire, counsel for the Plaintiff/Respondent in the above-captioned
custody matter, accept service of the Petition for Modification c,f Custody Order, and certify that
I am authorized to do so.
Dated:
Counsel for Plaintiff/Respondent
PA I.D. # .ff~ O
P.O. Box 6443
27 South Arlene Street
Harrisburg PA 17112-0443
(717) 671-9600
,lAN
SUSAN A. RUCH
VS.
KEVIN L. RUCH
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-198 CIVIL ACTION LAW
IN CUSTODY
ORDER
AND NOW, this 21st day of January 2003 , the conciliator, being
advised by the counsel, that all custody issues have been resolved by agreement of the parties, hereby
relinquishes jurisdiction. The Custody Conciliation Conference scheduled for January 22, 2003, is
cancelled.
FOR THECOURT,
Dawn S. Sunday, Esquire (J
Custody Conciliator
SUSAN A. RUCH,
Vo
KEVIN L. RUCH,
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-198
CIVIL ACTION - LAW
· IN CUSTODY
STIPULATION AND AGREEMENT OF THE PARTIES
AND NOW, this ,~ ] ~'''' day of ~ Nv,~- 7 , 300-2, come
the parties, SUSAN A. RUCH, hereinafter referred to as Mother, by and through her
attorney, Diane S. Baker, Esquire, and KEVIN L. RUCH, hereinafter referred to as
Father, by and through his attorney, Susan Kay Candiello, ]Esquire, and agree as follows:
1. The parties are the parents of the minor children Andrew R. Ruch, born
June 12, 1989, and Emily C. Ruch, born March 28, 1992.
2. The parties shall share joint legal custody of the minor children. They
shall consult with each other relative to all important decisions concerning the subject
minor children, including such manners as health, education and religion. Both parties
shall be entitled to equal access to all school and medical records. The parties agree that
major decisions concerning their children, including, but not necessarily limited to, the
children's health, welfare, education, religious training and upbringing shall be made by
them jointly, after discussion and consultation with each other, with a view toward
obtaining and following a harmonious policy in the children's best interests. Each party
agrees not to impair the other party's rights to shared legal custody of the children. Each
party agrees not to attempt to alienate the affections of the child from the other party.
Each party shall notify the other of any activity or circumstance concerning their children
that could reasonably be expected to be of concern to the other. Day to day decisions
shall be the responsibility of the parent then having physical custody. With regard to any
emergency decisions, which must be made, the parent having physical custody of the
children at the time of the emergency shall be permitted to make any immediate decisions
necessitated thereby. However, that parent shall inform the other of the emergency and
consult with him or her as soon as possible. Each party shall be entitled to complete and
full information from any doctor, dentist, teacher, professional or authority and to have
copies of any reports given to either party as a parent.
3. The parties shall share joint physical custody of the minor children.
Mother shall enjoy physical custody of the children at all times except as set forth below
when they shall be with Father:
a. Every Tuesday from 12:00 noon or after school until
Thursday morning when he shall return the children, to school or to Mother
at 12 noon.
b. Alternate Fridays from 12:00 noon or after school until
Saturday at 12:00 noon.
c. Alternate Saturdays from 12:00 noon until Monday
morning when he shall return the children to school or to Mother at 12
noon.
4.
The parties shall alternate the following holidays: New Year's Eve, New
Year's Day, Easter, Memorial Day, Fourth of July, Labor Day, and Thanksgiving,
commencing with Mother having Easter, 2003.
5. Christmas shall be divided into two segments. Segment A shall be from
12:00 noon on December 24 until 12:00 noon on December 25. Segment B shall be from
12:00 noon on December 25 until 8:00 p.m. on December 26. In even numbered years,
Father shall have the children for Segment A and Mother shall have them Segment B. In
odd numbered years, Mother shall have Segment A and Father shall have Segment B.
6. Mother's Day shall always be with Mother and Father's Day shall always
be with Father.
7. The holiday schedule shall supersede the regular schedule.
8. Regardless of the regular custodial schedule, each calendar year Father
shall always be entitled to one additional overnight with A~adrew and Mother shall always
be entitled to one additional overnight with Emily. Both parties shall provide the other
parent with ten (10) days notice of their intention to exercise this additional overnight.
9. The parties shall share transportation. The party receiving the children
shall be responsible for the pick-up.
10. Each parent shall be entitled to reasonable telephone contact with the
children when in the custody of the other parent.
11. Both parties shall be entitled to two weeks, non-consecutive, summer
vacation time with the children. They shall provided the other party thirty (30) days
written notice of the intended vacation scheduled.
12. Both parties shall contact each other in a timely manner and give each
other "Right of First Refusal" for any time when they will not be with the children
overnight during their regularly scheduled custodial time.
13. Mother and Father agree to be responsible for all ordinary everyday
expenses which occur during their individual custodial periods with their children. The
parties further agree that they shall share equally the costs for more significant expenses
for the minor children after mutual discussion and agreement between the parties. It is
anticipated that significant expenses shall include such items as school activity fees, trips,
extracurricular activity fees, and significant purchases such as laptop computers as may
be necessary for school.
Mother
14. Father shall continue to provide
shall provide dental insurance for the
responsible for the insurance deductible for medical
Father shall be solely responsible for the insurance deductible for dental expenses
(excluding co-pays). Father and Mother agree to equally (50/50) share any uncovered
medical, prescription, dental, orthodontia, and counseling expenses for the children.
15. If either parent should want to move to another residence, they will
provide the other parent with a minimum of ninety (90) days notice.
16. During any periods of custody or visitation, the parties to this Order shall
not possess or use any controlled substance nor shall they ,consume alcoholic beverages
to the point of intoxication. The parties shall likewise assure, to the extent possible, that
other household members and/or houseguests comply with this prohibition.
17. The parties shall be free to mutually agree to .alter and/or change the terms
of this agreement and are encouraged to discuss and cooperate with each other when
sharing and making requests for changes in periods of physical custody. All permanent
changes in periods of custody shall be made in writing and signed by both parties.
medical insurance for the children.
children. Mother shall be solely
expenses (excluding co-pays).
18. Both parents shall not make derogatory comments about the other parent
in the presence of the children and, to the extent possible, shall not permit third parties
from making such comments in the presence of the children.
19. The provisions of this Stipulation have been fully explained to Plaintiff by
her attorney, Diane S. Baker, Esquire, and to Defendant by his attorney, Susan Kay
Candiello, Esquire.
20. The parties agree that this Agreement shall be entered as Order of Court
and the Pre- Hearing conference scheduled for January 22, 2003, shall be cancelled.
IN WITNESS WHEREOF, the parties hereto have set their hands and seal the
day and year first above written.
SUSAN A. RUCH
L. RUC /
SUSAN A. RUCH,
Vo
KEVIN L. RUCH,
Plaintiff
Defendant
rF'_B
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-198
CIVIL ACTION - LAW
IN CUSTODY
1'3 2003
CUSTODY ORDER
AND NOW' this ' ~'~ ~day °f ~'~~ ,2003, upon consideration
of the attached Stipulation and Agreement of the Parties, it is hereby Ordered that
custody of the minor children, Andrew R. Ruch, bom June 12, 1989, and Emily C. Ruch,
bom March 28, 1992, shall be as follows:
1. The parties shall share joint legal custody of the minor children. They
shall consult with each other relative to all important decisions concerning the subject
minor children, including such manners as health, education and religion. Both parties
shall be entitled to equal access to all school and medical records. The parties agree that
major decisions concerning their children, including, but not necessarily limited to, the
children's health, welfare, education, religious training and upbringing shall be made by
them jointly, after discussion and consultation with each other, with a view toward
obtaining and following a harmonious policy in the children's best interests. Each party
agrees not to impair the other party's rights to shared legal custody of the children. Each
party agrees not to attempt to alienate the affections of the child Eom the other party.
Each party shall notify the other of any activity or circumstance concerning their children
that could reasonably be expected to be of concern to the other. Day to day decisions
shall be the responsibility of the parent then having physical custody. With regard to any
emergency decisions, which must be made, the parent having physical custody of the
children at the time of the emergency shall be permitted to make any immediate decisions
necessitated thereby. However, that parent shall inform the other of the emergency and
consult with him or her as soon as possible. Each party shall be entitled to complete and
full information fi.om any doctor, dentist, teacher, professional or authority and to have
copies of any reports given to either party as a parent.
2. The parties shall share joint physical custody of the minor children.
Mother shall enjoy physical custody of the children at all times except as set forth below
when they shall be with Father:
a. Every Tuesday from 12:00 noon or after school until
Thursday morning when he shall return the children to school or to Mother
at 12 noon.
b. Alternate Fridays from 12:00 noon or after school until
Saturday at 12:00 noon.
c. Alternate Saturdays fi.om 12:00 noon until Monday
morning when he shall retum the children to school or to Mother at 12
noon.
3.
The parties shall altemate the following holidays: New Year's Eve, New
Year's Day, Easter, Memorial Day, Fourth of July, Labor Day, and Thanksgiving,
commencing with Mother having Easter, 2003.
4. Christmas shall be divided into two segments. Segment A shall be from
12:00 noon on December 24 until 12:00 noon on December 25. Segment B shall be fi'om
12:00 noon on December 25 until 8:00 p.m. on December 26. In even numbered years,
Father shall have the children for Segment A and Mother shall have them Segment B. In
odd numbered years, Mother shall have Segment A and Father shall have Segment B.
5. Mother's Day shall always be with Mother and Father's Day shall always
be with Father.
6. The holiday schedule shall supersede the regular schedule.
7. Regardless of the regular custodial schedule, each calendar year Father
shall always be entitled to one additional overnight with Andrew and Mother shall always
be entitled to one additional overnight with Emily. Both parties shall provide the other
parent with ten (10) days notice of their intention to exercise this additional overnight.
8. The parties shall share transportation. The party receiving the children
shall be responsible for the pick-up.
9. Each parent shall be entitled to reasonable telephone contact with the
children when in the custody of the other parent.
10. Both parties shall be entitled to two weeks, non-consecutive, summer
vacation time with the children. They shall provided the other party thirty (30) days
written notice of the intended vacation scheduled.
11. Both parties shall contact each other in a timely manner and give each
other "Right of First Refusal" for any time when they will not be with the children
overnight during their regularly scheduled custodial time.
12. Mother and Father agree to be responsible for all ordinary everyday
expenses which occur during their individual custodial periods with their children. The
parties further agree that they shall share equally the costs for more significant expenses
for the minor children after mutual discussion and agreement between the parties. It is
anticipated that significant expenses shall include such items as school activity fees, trips,
extracurricular activity fees, and significant purchases such as laptop computers as may
be necessary for school.
13. Father shall continue to provide medical insurance for the children.
Mother shall provide dental insurance for the children. Mother shall be solely
responsible for the insurance deductible for medical expenses (excluding co-pays).
Father shall be solely responsible for the insurance deductible for dental expenses
(excluding co-pays). Father and Mother agree to equally (50/50) share any uncovered
medical, prescription, dental, orthodontia, and counseling expenses for the children.
14. If either parent should want to move to another residence, they will
provide the other parent with a minimum of ninety (90) days notice.
15. During any periods of custody or visitation, the parties to this Order shall
not possess or use any controlled substance nor shall they consume alcoholic beverages
to the point of intoxication. The parties shall likewise assure, to the extent possible, that
other household members and/or houseguests comply with this prohibition.
16. The parties shall be free to mutually agree to alter and/or change the terms
of this agreement and are encouraged to discuss and cooperate with each other when
sharing and making requests for changes in periods of physical custody. All permanent
changes in periods of custody shall be made in writing and[ signed by both parties.
17. Both parents shall not make derogatory comments about the other parent
in the presence of the children and, to the extent possible',, shall not permit third parties
from making such comments in the presence of the children.
., JUDGE