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HomeMy WebLinkAbout02-0345LESLIE L. RUDACILLE, Plaintiff VS. JEFFREY C. RUDACILLE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. Oo~-34Zff' CivilTerm : ACTION 1N 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 Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO; OR TELEPHONE, THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pa. 17013 (717) 249-3166 LESLIE L. RUDACILLE, Plaintiff VS. JEFFREY C. RUDACILLE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 0 gl'~q~' · Civil Term ; : ACTION IN DIVORCE : COMPLAINT IN DIVORCE 1. Plaintiff is Leslie L. Rudacille, a competent adult individual, who has resided at 8 Matthews Court, Carlisle, Cumberland County, Pennsylvania, since 1997. 2. Defendant is Jeffrey C. Rudacille, a competent adult individual, who has resided at 8 Matthews Court, Carlisle, Cumberland County, Pennsylvania, since 1997. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing o£this Complaint. 4. The Plaintiff and the Defendant were married on April 18, 1998 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that plaintiffmay have the fight to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have no children together. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken; WHEREFORE, Plaintiff requests the court to enter a decree in divorce. I verify that the statements made in this Complaint are tree 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. Leslie L. Rudacille, Plaintiff 1TTSouth Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF LESLIE L. RUDACILLE, Plaintiff VS. JEFFREY C. RUDACILLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 345 Civil Term 2002 ACTION IN DIVORCE ACCEPTANCE OF SERVICE PURSUANT TO PA.R.C.P 4 02(B) AND PA.R.C.P. 1920.4 I, Jeffrey C. Rudacille, Defendant, hereby accept service of the Complaint which was filed on January 18, 2002 in the above-captioned divorce and have received a certified tree copy of the complaint and notice to defend. Rudacille, Defendant LESLIE L. RUDACILLE, Plaintiff VS. JEFFREY C. RUDACILLE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 345 Civil Term 2002 ACTION IN DIVORCE PRAECIPE TO WITHDRAW MOTION TO THE PROTHONOTARY: Please withdraw the Motion to Appoint the Master in the above-captioned matter. Date: (~' ~ [~ (;~ Respectfully submitted, dams, Esquire o. 79465 uth Hanover Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF LESLIE L. RUDACILLE, Plaintiff vs. JEFFREY C. RUDACILLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 345 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this ~/~ day of ~ / / 2002, the Plaintiff's counsel Jane Adams, having filed a praecipe with the Prothonotary on August 21, 2002, withdrawing the Motion to Appoint Master, the appointment of the Master is vacated. BY THE COURT, cc: /dane Adams Attorney for Plaintiff /~acqueline M. Verney Attorney for Defendant LESLIE L. RUDACILLE, Plaintiff V. JEFFREY C. RUDACILLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE AND CUSTODY NO. 02-345 CIVIL TERM ANSWER AND COUNTERCLAIM AND NOW, comes the defendant, Jeffrey C. Rudacille, by and through his attorney, Jacqueline M. Vemey, Esquire and files this Answer and Counterclaim and in support thereof respectfully represents that: COUNTI 1-10. Admitted. COUNT II EQUITABLE DISTRIBUTION 11. reference. 12. The averments in Paragraphs 1 through 10 above are incorporated herein by During the marriage, the parties accumulated certain real and personal property which is subject to distribution. 13. During the marriage, the parties incurred debt which is subject to distribution. WHEREFORE, Defendant requests this Honorable Court determine marital property and debt and to order equitable distribution thereof. COUNT III COUNSEL FEES AND EXPENSES 14. 15. this action. 16. 17. The averments set forth in paragraphs 1-13 are incorporated herein by reference. Defendant lacks sufficient funds to pay counsel fi~es and expenses incidental to Plaintiff is in a better economic position to pay counsel fees and expenses. Defendant requests the Court to enter an Order requiring Plaintiff to pay Defendant's counsel fees and expenses. WHEREFORE, Defendant requests this Honorable Cot~rt to enter an order requiring Plaintiff to pay Defendant's counsel fees and expenses. COUNT IV SUPPORT/ALIMONY/ALIMONY PENDENTE LITE 18. The averments set forth in paragraphs 1-17 are incorporated herein by reference. 19. Defendant lacks sufficient property and income to provide him with a reasonable income and cannot adequately support himself. 20. Plaintiff has a far more economic superior position than Defendant and Defendant requires reasonable support to adequately maintain himself. WHEREFORE, Defendant respectfully requests this Honorable Court to enter an Order granting Defendant spousal support, alimony and/or alimony pendente lite Date: Respectfully submitted, e M. Vemey, Esquire 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Defendant Supreme Ct. ID. 23167 VERIFICATION I verify that the facts included in the within Answer and Counterclaim are tree and correct based on information known to me or received l?om reliable sources. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unswom falsification to authorities. Dated: CERTIFICATE OF SERVICE I, Jacqueline M. Vemey, Esquire, hereby certifies that a true and correct copy of the foregoing Answer and Counterclaim was served upon the following on the date indicated by the following means: United States First Class Mail, Postage Prepaid Jane Adams, Esquire 36 South Pitt Street Carlisle, PA 17013 Date: /~-3 ~9 g--- ~acq~l~ine M. Vemey, Esquire #23~b ~ 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Defendmat Jeffrey C. Rudacille. April 17~ 1968. __ 8 Matthew Court, Carlisle, PA 17013 ~,~N: '1q7--%?-4637 . ItOW I,ONO: 2 months JOU Tl'fl,,~ .... Gross 441/mo. unemployment eompensat±o~ ~-42-6582 "Campaign Coordinator Leslie L. Rudacille K '~K~DENT: ,_ ~lOO:.,, '. ,Oct°b~ 27, 1967 ~N: ~DD~I'~: 411 War{~ut street, Boiling'Springs, PA 17007 PHONIC; (717) 243-6426 A'FTOKNRY, Jane Adams, Esquire KESPOND~N~N I'~PI~¥MENT:/ ,Unit~ed Way of Carlisle D&TI~ ,%I';PAK&11';I~: F~bruary 1 ~ 2002 · Wll~ laS1 ~IVgDT~IgR: 8 Matthew Court, Carlisle, PA 17013 3 years FOR DRS INFORMATION ONIL,Y LESLIE L. RUDACILLE, Plaintiff VS. JEFFREY C. RUDACILLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA · No. 345 Civil Term 2002 ·ACTION 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 Plaintiff· You may lose money or property or other rights important to you, including custody or visitation of your children. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE· IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pa. 17013 (717) 249-3166 LESLIE L. RUDACILLE, Plaintiff VS. JEFFREY C. RUDACILLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 345 Civil Term 2002 ACTION IN DIVORCE ADDITIONAL CLAIMS OF PLAINTIFF UNDER THE DIVORCE CODE AND NOW COMES, Leslie L. Rudacille, Plaintiff, by and through her attorney, Jane Adams, Esquire and files the following Additional Claims regarding the Divorce: COUNT I - DIVORCE 1. The Plaintiff avers that the grounds on which the action and this claim for divorce are based are: That Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. COUNT II - EQUITABLE DISTRIBUTION OF PROPERTY 2. Paragraph 1 is herein incorporated by reference. 3. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. 4. Defendant is currently living in the marital home. 5. Plaintiff and Defendant have been unable to agree as to an equitable division of said marital property. 6. Plaintiff is seeking an equitable division of all marital property. WHEREFORE, Plaintiff prays this Honorable Court, after requiting full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT III - ALIMONY PENDENTE LITE, ALIMONY 7. Paragraphs 1 - 6 are herein incorporated by reference. 8. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage and is unable to support herself through appropriate employment. 9. Plaintiff requires reasonable support to adequately maimain herself in accordance with the standard of living established during the marriage. 10. The Defendant has a much higher earning capacity and does or is capable of earning a substantial income from which he would be able to contribute to the support and maintenance of Plaintiff to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite until final hearing and hereafter enter an award of alimony permanently thereafter. COUNT IV - COUNSEL FEES, COSTS AND EXPENSES 11. Paragraphs 1 - 10 are herein incorporated by reference. 12. Plaintiff has employed legal counsel but is unable to pay the necessary and reasonable attorney's fees for said counsel. 13. Without counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 14. The Plaintiff is in need of hiring various experts to appraise the parties' marital assets and does not have the funds to pay the necessary and reasonable fees. 15. Defendant enjoys a substantial income and/or has the earning capacity to earn a substantial income and is well able to bear the expense of Plaintiff's attorney and the expense of this litigation. WHEREFORE, Plaintiff requests this Honorable Court to emer an award of imerim counsel fees, costs, and expenses of counsel fees, costs, and expenses. Respectfully~ 36 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION 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.C.S. §4904 relating to unswom falsification to authorities. Leslie L. Rudacille, Plaintiff LESLIE L. RUDACILLE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA, vs. No. 345 Civil Term 2002 JEFFREY C. RUDACILLE, Defendant ACTION IN DIVORCE NOTICE TO RESUME PRIOR SURNAME. To the Prothonotary: Notice is hereby given that the Plaintiff in the above matter: X prior to the entry of a Final Decree in divorce. OR after the entry of a Final Decree in Divorce hereby elects to resume the prior surname of WEIGEL and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. s704. Date: / ~ ~ ~,~ LeSlie L. Ruoacille, Plaintiff es ie L. Weigel, Plaintiff Signature of Name being resumed. COMMONWEALTH OF PENNSYLVANIA ) ):SS COUNTY OF CUMBERLAND ) On this, the ay of ~, 2002 before me, the undersigned officer, personally appeared LESLIE L. RUDAClLLE/LESLIE L. WEIGEL known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ No~'t'~ Public / - 7-' In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION JEFFREY C. RUDACILLE ) Plaintiff ) %rS. ) LESLIE L. RUDACILLE ) Defendant ) Docket Number PACSES Case Number Other State ID Number 02-345 CIVIL 094105293 ORDER AND NOW, to wit on this 6TH DAY OF MAY, 2003 IT IS HEREBY ORDERED that the C) Complaint for Support or C) Petition to Modify or (~) Other ALIMONY PENDENTE LITE filed on matter is dismissed without prejudice due to: THE PETITIONER WITHDRAWING HIS REQUEST AGREED UPON MARITAL SETTLEMENT. MARCH 3, 2 0 0 3 in the above captioned FOR AN APL CONFERENCE AND THE PARTIES C) The Complaim or Petition may be reinstated upon written application of the plaintiff petitioner. XC: RJ Shadday plaintiff d5fend~nt Jane Adams, Esquire Jacqueline Varney, Esquire BY THE COURT: JUDGE Service Type M Form OE-506 Worker ID 210 05 LESLIE L. RUDACILLE, Plaintiff VS. JEFFREY C. RUDACILLE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 345 Civil Term 2002 : : ACTION IN DIVORCE AFFIDAVIT OF CONSENT , 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on January 18, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the 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 tree and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: ~r//(-~// ~'.e:~. 03 ~frby C.-~,udacille, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(e~ OF THE DIVORCE CODE 1. I consent to entry of a f'mal decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of lB Pa.C.S. §4904 rel~/~tnswom falsification to authorities. Date: /~f'fr-e~ C. Rudacille, Defendant LESLIE L. RUDACILLE Plaintiff vs. JEFFREY C. RUDACILLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND coUNTY, PENNSYLVANIA NO. 02 - 345 CIVIL IN DIVORCE AND NOW, this ~/~ day of _ ~ ' 2003, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated May 13, 2003, 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: /~ane Adams Attorney for Plaintiff ~Jacqueline M. Verney Attorney for Defendant o&-05-o3 k~ :~ ~d ~- ~',~[1~~ 80 LESLIE L. RUDACILLE (WEIGEL) Plaintiff JEFFREY C. RUDACILLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002-345 CIVIL TERM : IN DIVORCE MARITAL SETTLEMENT AGREEMENT This Agreement. made and entered into this [~ day of 5 2003,ty, between Leslie L. Rudacille, now known as Leslie Weigel, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Wife," and Jeffrey C. Rudacille, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Husband." WHEREAS, the parties hereto are now Wife and Husband, having been lawfully man-ied to each other on April 18. 1998 in Cumberland County, Pennsylvania; and, WHEREAS, there are no children of the marriage; and, WHEREAS, certain differences have arisen by and between the parties as a result of which they have now separated and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligation as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the 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 of Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and, WHEREAS, both and each of the parties hereto have been advised of their legal fights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with hi~ or her own competent legal counsel independent of each other; and, WHEREAS, each party warrants, as part of the consideration of this Agreemeaat, that each has fully and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her right of dower, rights as heix or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to counsel fees, or expenses and other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtesy, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future; NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: 1. Advice of Counsel. Husband and Wife acknowledge that they have been given the opportunity to obtain the advice of counsel regarding the provisions of this Agreement and their legal effect in advance of the date set forth above to permit such independent review. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligation, and each party acknowledges and accepts that this Agreement is, and under the circumstances, fair and equitable, after having the opportunity to receive such advice and with such knowledge, and that execution of tiffs Agreement is not the result 2 6f any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has had the opportunity to be fully advised by hie or her reapeetive attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of ail maritai property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and having the opportunity to be fully advised ofkis or her fights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his or her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order effecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 2. Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart fi:om each other, and to reside, fi:om time to time, at such place or places as they respectfully shall deem fit, flee fi:om any control or restraint or interference, direct or indirect, by each other. 3. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. The parties acknowledge that, if only currently part time, they live in close proximity of one another. The parties acknowledge that their presence ontheir propertyor on public or other private property where they are a guest, will not be grounds for a claim for 3 harassment. 4. Mutual Property and Estate Waiver. Bxcept as otherwiso expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or curtesy, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The patties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attorney-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real or personal property, but without any power to impose personal liability for breach of warranty 4 or otherwise. Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court pursuant to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenances, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente hte, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 5. Division of Personal Property. The parties agree that they have divided their personal property including all household items, bank accounts, and vehicles to their mutual satisfaction. From and after the date of the signing of this Agreeroent both parties shall have complete freedom of disposition as to their separate property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrarnent of the other pertaining to such disposition of property. 6. Debts. The parties agree that all debt has been distributed satisfactorily between and among them including any credit card debt or car loans. The parties agree to be responsible for any other individual debts which are presently in their individual names and to indemnify and hold harmless the other for the aforementioned debts.. 7. Future Debts. The parties further agree that neither will incur any more future debts for which the other may be held hable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will indemnify and hold the other harmles~ fi:om any and all hability thereof. 8. Real Property. It is hereby acknowledged by both parties that they are the co- owners of real property located at 8 Matthew Court, Carlisle, Cumberland County, Pennsylvania, which has a mortgage thereon in both parties' names. In exchange for the sum of $8,000.00, Wife agrees to txansfer her interest in the real property to Husband in the event that Husband refinances the mortgage on the marital residence by executing a deed in favor of Husband. Husband shall have until December 31, 2003 to refinance. If said refinancing is not probable by December 1, 2003, the parties agree to renegofiate this provision. Under no ckcumstances will Wife accept less than $8,000.00 or wait more than 90 days unless there is another stipulation or agreement in writing. In the event Husband does not refinance, Wife shall be entitled to the payment of $8,000.00 by March 1, 2004. Pending refinance, Husband agrees to pay any and all expenses in connection with the mi~rital residence, including but not limited to mortgage payment, taxes, insurance, utilities, and assessments, i.e. pay them within thirty (30) days from when they become due. Husband shall further indemnify Wife and hold her harmless from the aforesaid obligations. Wife agrees to cooperate and to sign any and all documents necessary to accomplish the refinance, as aforesaid. Husband further agrees to execute a Judgment Note in the amount of $8,000.00 to be held in escrow by his attorney to be filed in the event of and subsequent to Husband filing for bankruptcy only. In the event that payment is made as otherwise set forth herein, said Judgment Note shall be null and void. 9. Support, Alimony and Alimony Pendente Lite. Both parties agree to waive any interest they may have now or ever have to support, alimony pendente lite or alimony. 10. Pensions/Retirement. Both parties agree to waive any and all fight they may have or ever have to each other's pensions, retirement, 401K or social security benefits. 11. Counsel fees. Each party agrees that they shall pay their respective counsel fees. 12. Divorce. The parties acknowledge their intention and agreement to proceed in an action in divome to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in any divorce action. The parties agree to execute any and all documents necessary for the entry of a final divorce decree. 13. Breach. In the event that either party breaches any provision of this Marital Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other party shall have the fight, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 14. Enforcement. The parties agree that this marital settlement agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 15. Applicable Law and Execution. The parties hereto agree that tiffs marital settlement agreement shall be construed under the laws of the Commonwealth of Pennsylvarda and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. 16. The Entire Agreement. The parties acknowledge and agree that this marital settlement agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 17. Incorporation and Judgment for Divorce. In the event that either Husband or Wife at any time hereafter obtain a divorce in the action for divorce presently pending between them, or otherwise, this agreement and all of its provisions shall be incorporated into any such judgment for divorce, either directly or by reference. The Court, on entry of judgment for divorce, shall retain the right to enforce the provisions end terms of this marital settlement agreement. 18. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney% fees, costs, and other expenses reasonably incurred as a result of such failure. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESS: 8 LESLIE L. WEIGEL, Plaimiff VS. JEFFREY C. RUDACILLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 345 Civil Term 2002 ACTION IN DIVORCE PRAECIPE FOR NAME CORRECTION TO THE PROTHONOTARY: Please be advised that Plaimiff has resumed using the name Leslie L. Weigel pursuant to 54 P.S. s704. Kindly correct the caption of the case as set forth above. Respectfully Submitted: ~. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff LESLIE L. RUDACILLE, Plaintiff vs. JEFFREY C. RUDACILLE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 345 Civil Term 2002 : : ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on January 18, 2002. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety days have elapsed from the date of the 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 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Leslie L. Rudacille, Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ,~3301(c) OF THE DIVORCE CODE 1. I consent to entry of a f'mal decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that 1 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: (tS? ~ ~--~ ' ~ ~ Leslie L. We~gel, formerly known as Leslie L. Rudacille, Plaintiff LESLIE L. WEIGEL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. No. 345 Civil Term 2002 JEFFREY C. RUDACILLE, ACTION IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the Court fo~ntr~f divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Delivered by certified mail, restricted delivery, return receipt requested, delivered on ~,"- 3. Date of execution of the affidavit of consent required by 3301 (c) o'6f'~he Divorce Code: By Plaintiff: ~,~.oD~ . ~3 By Defendant: ,~ :~)~ ~ . Z>3 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothono : Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: ~J~ ~lisle, Pa. 17013 (717) 245-8508 A~omey for Pl~ntiff LESLIE L. RUDACILLE (WEIGEL) Plaintiff VS. JEFFREY C. RUDACILLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-345 CIVIL TERM IN DIVORCE MARITAL SETTLEMENT AGREEMENT This Agreement, made and entered into this ~ ~ day of 2003, between Leslie L. Rudacille, now known as Leslie Weigel, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Wife," and Jeffrey C. Ruda¢ille, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Husband." WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on April 18. 1998 in Cumberland County, Pennsylvania; and, WHEREAS, there are no children of the marriage; and, WHEREAS, certain differences have arisen by and between the parties as a result of which they have now separated and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligation as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the 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 of Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and, WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; and, WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to counsel fees, or expenses and other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtesy, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future; NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: 1. Advice of Counsel. Husband and Wife acknowledge that they have been given the opportunity to obtain the advice of counsel regarding the provisions of this Agreement and their legal effect in advance of the date set forth above to permit such independent review. Each party acknowledges that he or she has had the opportunity to receive independent legal advice fi.om counsel of his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligation, and each party acknowledges and accepts that this Agreement is, and under the circumstances, fair and equitable, after having the opportunity to receive such advice and with such knowledge, and that execution of this Agreement is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has had the opportunity to be fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the fight and duty to determine all marital fights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and having the opportunity to be fully advised of his or her fights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his or her respective fight to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order effecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 2. Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart fi.om each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, flee fi.om any control or restraint or interference, direct or indirect, by each other. 3. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. The parties acknowledge that, if only currently part time, they live in close proximity of one another. The parties acknowledge that their presence on their property or on public or other private property where they are a guest, will not be grounds for a claim for harassment. 4. Mutual Propert3~ and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that fi'om and ailer the date of this Agreement, neither shall have any spouse's fights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or curtesy, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereaiier own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attomey-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real or personal property, but without any power to impose personal liability for breach of warranty 4 or otherwise. Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court pursuant to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that neither shall hereafter be under any legal obhgations to support the other, pay any expenses for maintenances, fimeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 5. Division of Personal Property. The parties agree that they have divided their personal property including all household items, bank accounts, and vehicles to their mutual satisfaction. From and after the date of the signing of this Agreement both parties shall have complete freedom of disposition as to their separate property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instmment of the other pertaining to such disposition of property. 6. Debts. The parties agree that all debt has been distributed satisfactorily between and among them including any credit card debt or car loans. The parties agree to be responsible for any other individual debts which are presently in their individual names and to indemnify and hold harmless the other for the aforementioned debts.. 7. Future Debts. The parties further agree that neither will incur any more future debts for which the other may be held hable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will indemnify and hold the other harmless from any and all liability thereof. 8. Real Property. It is hereby acknowledged by both parties that they are the co- owners of real property located at 8 Matthew Court, Carlisle, Cumberland County, Pennsylvania, which has a mortgage thereon in both parties' names. In exchange for the sum of $8,000.00, Wife agrees to transfer her interest in the real property to Husband in the event that Husband refinances the mortgage on the marital residence by executing a deed in favor of Husband. Husband shall have until December 31, 2003 to refinance. If said refinancing is not probable by December 1, 2003, the parties agree to renegofiate this provision. Under no cimumstances will Wife accept less than $8,000.00 or wait more than 90 days unless there is another stipulation or agreement in writing. In the event Husband does not refinance, Wife shall be entitled to the payment of $8,000.00 by March 1, 2004. Pending refinance, Husband agrees to pay any and all expenses in connection with the marital residence, including but not limited to mortgage payment, taxes, insurance, utilities, and assessments, i.e. pay them within thirty (30) days from when they become due. Husband shall further indemnify Wife and hold her harmless from the aforesaid obligations. Wife agrees to cooperate and to sign any and all documents necessary to accomplish the refinance, as aforesaid. Husband further agrees to execute a Judgment Note in the amount of $8,000.00 to be held in escrow by his attorney to be filed in the event of and subsequent to Husband filing for bankruptcy only. In the event that payment is made as otherwise set forth herein, said Judgment Note shall be null and void. 9. Support, Alimony and Alimony Pendente Lite. Both parties agree to waive any interest they may have now or ever have to support, alimony pendente lite or alimony. 10. Pensions/Retirement. Both parties agree to waive any and all right they may have or ever have to each other's pensions, retirement, 401K or social security benefits. 11. Counsel fees. Each party agrees that they shall pay their respective counsel fees. 12. Divorce. The parties acknowledge their intention and agreement to proceed in an action in divome to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in any divorce action. The parties agree to execute any and ail documents necessary for the entry of a final divome decree. 13. Breach. In the event that either party breaches any provision of this Marital Settlement Agreement, he or she shall be responsible for any and all costs incurred to enfome the terms hereof, including, but not hmited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 14. Enforcement. The parties agree that this marital settlement agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 15. Applicable Law and Execution. The parties hereto agree that this marital settlement agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. 16. The Entire Agreement. The parties acknowledge and agree that this marital 7 settlement agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or tmderstandings between the parties other than those expressly set forth herein. 17. Incorporation and Judgment for Divorce. In the event that either Husband or Wife at any time hereafter obtain a divorce in the action for divorce presently pending between them, or otherwise, this agreement and all of its provisions shall be incorporated into any such judgment for divorce, either directly or by reference. The Court, on entry of judgment for divorce, shall retain the fight to enforce the provisions and terms of this marital settlement agreement. 18. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. IN WITNESS WHEREOF, the parties have set their bands and seals the day and year first written above. J E~I~I~Y C.-Rd~ACILLE 8 IN THE COURT OF COMMON PLEAS Leslie L. Weigel, Plaintiff VERSUS Jeffrey C. Rudacille, Defendant OF CUMBERLAND COUNTY STATE OF ~.~ PENNA. N O. No. 02 - 345 Civil Term AND NOW, DECREED THAT AND DECREE IN DIVORCE Leslie L. Weigel Jeffrey C. Rudacille ,~_~___, IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None; The property settlement agreement executed on May 13, 2003, And filed May 22, 2003 is ~ncorp~o this Decree. ATTEST:~.