HomeMy WebLinkAbout98-06709
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SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
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THIS AGREEMENT, made this day of " "," , '.:::..:....L'
by and between JAMES N. BRENNEMAN, (hereinafter referred to as
"Husband") and JULIA P. BRENNEMAN (hereinafter referred to as
"Wife") .
WITNESSETH:
1966; and
WHEREAS, Husband and Wife were lawfully married on July 17,
WHEREAS, one child was born of the marriage, namely Jill
Brenneman, now known dS Jill Mellios (DOB 12/16/69); and
WHEREAS, certain differences have arisen between the
parties as a result of whieh they separated in November, 1990 and now
live separate and apart from one another, and are desirous,
therefore, of entering into an Agreement which will distribute their
marital property in a manner which is considered to be an equitable
division of all joint property, and will provide for the mutual
responsibilities and rig;,.s growing out of the marriage relationship;
and
WHEREAS, there has been a complete disclosure of the
earnings and property of each party, and each understands his/her
rights under the Divorce Code of the Commonwealth of Pennsylvania;
and
WHEREAS, the parties hereto, after being properly advised
by their respective counsel, Husband by Nichole M. Staley O'Gorman,
Esquire and Wife by Philip Spare, Esquire, knowingly, Willingly and
voluntarily enter the Agreement which follows:
NOW, THEREFORE, in consideration of the above recitals and
the following .covenants and promises mutually made and mutually to be
kept, the parties heretofore, intending to be legally bound,
covenant, promise and agree as follows:
1. Separation. It shall be lawful for each party at all
times hereafter to live separate and apart from the other party at
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such place that he or she may from time to time choose or deem fit,
The foregoing provision shall not be taken as an admission on the
part of either party of the lawfulness of the causes leading to their
living apart.
2. Int~~L~ren~ Each party shall be free from
interference, authority and contact by the other, as fully as if he
or she were single and unmarried, except as may be necessary to carry
out the provisions of this Agreement. Neither party shall molest the
other nor attempt to endeavor to molest the other, nor compel the
other to cohabit with the other, nor in any way harass or malign the
other, nor in any way interfere with the peaceful existence, separate
and apart from the other.
3. Wife's Debts. Wife represents and warrants to Husband
that since the separation she has not and in the future she will not
contract or incur any debt or liability for which Husband or his
estate might be responsible and shall indemnify and save Husband
harmless from any and all claims or demands made against him by
reason of debts or obligations incurred by her.
4. Husband's Debts. Husband represents and warrants to
Wife that since the separation he has not and in the future he will
not contract or incur any debt or liability for which Wife or her
estate might be responsible and shall indemnify and save Wife
harmless from any and all claims or demands made against her by
reason of debts or obligations incurred by him.
5. OutstandinG Joint Debts. The parties acknowledge and
agree that they have no outstanding debts and obligations incurred
prior to the signing of this Agreement. To the extent Wife has paid
all or any portion of the following actual or alleged debts, she
shall be entitled to no reimbursement from Husband for same:
. ,a. Southland Corporation - $9,000
b. Taxes owing to the IRS for pre-separation taxes
of one or both parties;
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York Federal mortgage on the marital home -
($17,000-$18,000 approximate date of separation
balance)
Dauphin Deposit mortgage on the marital home
recorded in Mortgage Book 827, Page 142;
Pennsylvania Lottery Commission or lottery
related debt
In the event that either party contracted or incurred any
debts since the date of separation, the party who incurred said debt
shall be responsible for the payment thereof, regardless of the name
in which the account may have been charged, and such party shall
indemnify, defend and hold the other party harmless from any claim or
demand made against that party by reason of such debt.
6. Eouitable Distribution of Marital Propertv. The
parties have attempted to distribute their marital property in a
manner which conforms to the criteria set forth in Section 3502 of
the Pennsylvania Divorce Code and taking into account the following
considerations: the length of marriage; the fact that it is the
first marriage for Husband and Wife; the age, health, station, amount
and sources of income, vocational skills, employability, estate,
liabilities and Ileeds of each of the parties; the contribution of
each party to the education, training or increased earning power of
the other party; the opportunity of each party for future
acquisitions 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 the marital property, including the contribution of each spouse as
a homemaker; the value of the property set apart to each party; the
standard of living of the parties established during the marriage;
and the economic circumstances of each party at the time the division
of property is to become effective.
c.
d.
e.
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The division of existing marital property is not intended
by the parties to constitute in any way a sale or exchange of assets,
and the division is being effected without the introduction of
outside funds or other property not constituting marital property.
The division of property under this Agreement shall be in full
satisfaction of all marital rights of the parties.
A. Distribution of Personal ProDertv.
The parties hereto mutually agree that they have effected a
satisfactory division of the furniture, household furnishings,
appliances, and other household personal property between them, and
they mutually agree that each party shall from and after the date
hereof be the sole and separate owner of all such tangible personal
property presently in his or her possession, except as set forth in
Exhibit "Au, attached hereto, which items shall be distributed in
accordance with Exhibit "Au. This Agreement shall have the effect of
an assignment or bill of sale from each party to the other for such
property as may be in the individual possession of each of the
parties hereto and as set forth in Exhibit "AU.
The parties hereto have divided between themselves, to
their mutual satisfaction, all items of tangible and intangible
marital property. Neither party shall make any claim to any such
items of marital property, or of the separate personal property of
either party, which are now in the possession and/or under the
control of the other, or which property will be distributed in
accordance with Exhibit "AU.
Should it become necessary, the parties each agree to sign,
upon request, any titles or documents necessary to give effect to
this paragraph. Property shall be deemed to be in the pOssession or
under the control of either party if, in the case of tangible
personal property, the item is physically in the possession or
control of the party at the time of the signing of this Agreement
and, in the case of intangible personal property, if any physical or
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written evidence of ownership, such as passbook, checkbook, policy or
certificate of insurance or other simil2r writing is in the
possession or control of the party.
From and after the date of the signing of this Agreement,
both parties shall have complete freedom of disposition as to their
separate property and any 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 instrument of the
other pertaining to such disposition of property.
B. Distribution of Real Estate.
The marital home located at 124 Holly Drive, Mechanicsburg,
Cumberland County, Pennsylvania has previously been transferred to
Wife. Husband has signed the appropriate documentation to transfer
the deed to such property. Wife shall be solely responsible for the
timely payment of all mortgages and other encumbrances that exist as
to this real estate, as well as the payment of all current and future
taxes, insurance and utility bills relative to said real estate.
Wife shall pay and discharge said obligations on said premises, and
shall indemnify Husband from any loss by reason of her default in the
payment thereof, and shall save Husband harmless from any future
liability with regard thereto, including cost of defense and actual
counsel fees incurred to defend against an action brought against her
by virtue of her default.
7. Vehicles. The parties shall retain possession and
ownership of all vehicles presently in his or her possession. Title
to the 1987 Cadillac Cimarron, 1985 Dodge Caravan and 1980 Plymouth
Arrow has been previously transferred to Wife. To the extent any
vehicle transferred hereunder is encumbered, the party retaining that
vehicle shall assume full responsibility for payment and eventual
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satisfaction of any and all liens presently encumbering the vehicle,
and agrees to indemnify, defend and hold the other harmless for the
same.
8. Retirement Benefits. As of the date of separation and
currently, Husband owns a Pacific Life annuity and a pension with
Food Employers Labor Relations Association and United Food and
Commercial Workers. Wife shall be entitled to fifty percent of
Husband's right, title and interest in his Pacific Life annuity.
Husband has paid Wife, and Wife acknowledges receipt of, her one half
share of his monthly benefit through the date of this Agreement.
Husband will continue to pay Wife one-half of his monthly benefit
until the time of his death. Should Wife desire to obtain a court
order to secure future payments, such shall be at her sole cost and
expense.
Wife shall also be entitled to one half of Husband's right,
title and interest in his Food Employers Labor Relations Association
and United Food and Commercial Workers pension. Wife shall be solely
responsible for obtaining a Qualified Domestic Relations Order to
effect payment hereunder, and shall be responsible for the cost and
expense associated with same.
Within thirty (30) days of the date of execution of this
Agreement, Wife shall prepare and submit Qualified Domestic Relations
Orders to Pacific Life and the Food Employers Labor Relations
Association and United Food and Commercial Workers Pension for their
respective approval. Within ten (10) days of receipt of approval,
Wife shall submit the approved Qualified Domestic Relations Order to
~the Court for entry as an Order. Wife shall be responsible for all
attorney's fees as a result of the preparation of these Order.
As of the date of separation, Husband owned no IRAs,
including the following that were cashed in by Husband in 1990,
before separation:
a. Fidelity ($5,777)
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b. York Federal ($3,442)
c. Dauphin Deposit ($4,500)
d. Fidelity {$2,871}
e. Dauphin Deposit ($550)
Husband represents that the proceeds of these lRAs were used to
attempt to salvage the 7-11 businesses. Wife disagrees.
Wife represents and warrants that no retirement benefits
were available to her prior to the parties' separation, except the
following lRAs, which shall remain her sole and separate property:
a. Dauphin Deposit - $2,000 (approximate cost)
b. York Federal - $250 (approximate cost)
c. Fidelity - $250 (approximate cost)
d, Dauphin Deposit - $1,500 (approximate cost)
9. Equitable Reimbursement. Husband shall pay to Wife,
as equitable reimbursement, the sum of $2,000.00 upon execution of
this Agreement.
10. Alimonv. Both parties acknowledge and agree that the
provisions of this Agreement providing for equitable distribution of
property are fair, adequate and satisfactory to them, and are
accepted by them in lieu of and in full and final settlement and
satisfaction of any claims or demands that either may now or
hereafter have against the other for support, maintenance or alimony.
Husband and Wife further voluntarily and intelligently waive and
relinquish any right to seek from the other any payment for support
or alimony, except as set forth herein. Each party shall indemnify,
defend and hold the other harmless against any future action for
either support or alimony, modification or extension of same, brought
by or on behalf of the other and the results of such action, such
indemnity to include the actual counsel fees of the defendant in any
such future action.
11. Alimonv Pendente Lite. Spousal SuPPort. Counsel Fees
and Expenses. Husband and Wife acknowledge and agree that the'
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provisions of this Agreement providing for the equitable distribution
of marital property of the parties is fair, adequate and satisfactory
to them, Both parties shall accept the provisions set forth in this
Agreement in lieu of and in full and final settlement and
satisfaction of all claims and demands that either may now or
hereafter have against the other for alimony pendente lite, spousal
support, counsel fees or expenses, or any other provision for their
support and maintenance before, during and after the commencement of
any proceedings for divorce or annulment between the parties. Each
party shall be responsible for his or her own counsel fees, and each
agrees to indemnify, defend and save the other harmless from any
action commenced against the other for alimony pendente lite, spousal
support and counsel fees and/or expenses.
12. Businesses. Neither party has any ownership interest
in any business.
13. Custodv. The parties have no minor children.
14. Medical Insurance. Each party shall be solely
responsible for the cost of his or her medical and hospitalization
insurance.
15. Medical Bills. Each party shall be solely responsible
for his or her own unreimbursed medical and hospitalization expenses.
16. Prior Tax Returns. The parties acknowledge that they
have filed various joint income tax returns during the course of
their marriage. In the event that any additional taxes, penalties or
interest are assessed as a result of any such joint return, the party
responsible for under-reporting income or claiming any improper
deduction shall indemnify and save the other party harmless from such
tax liability, penalties, interest, counsel fees, accountant's fees,
costs and expenses.
17. Divorce. A Complaint in Divorce has been filed to No.
98-6709 CIVIL in the Court of Common Pleas of Cumberland County,
Pennsylvania, and either party shall be free to proceed without
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further delay to secure the divorce. Husband may
Divorce under Section 330l(d) of the Divorce Code
proceed to obtain a
and Wife agrees not
to impair Husband's endeavor to do so.
18. Time of Distribution. The assets and interests to be
transferred under and pursuant to this Agreement shall be conveyed
and transferred to the respective parties immediately upon the
execution of this Agreement. All spousal support and other such
obligations, including alimony, shall immediately terminate, except
for arrearages owed to Wife. The parties agree that, as of the date
of execution of this Agreement, all arrearages are paid in full. The
parties shall cooperate by executing whatever documents are necessary
to effectuate a divorce under Section 330l(c) or 330l(d) of the
Pennsylvania Divorce Code, and this Agreement to cooperate shall be
enforceable by an assumpsit action for specific performance, Should
Wife object or otherwise impair Husband's pursuit to obtaln a divorce
decree under Section 330l(d) of the Divorce Code, Wife will pay
Husband's actual counsel fees and costs to enforce this provision ot
the Agreement and to obtain a final decree in divorce.
19. Reconciliation. Notwithstanding a reconciliation
between the parties, this Agreement shall continue to remain in full
force and effect absent a writing signed by the parties stating that
this Agreement is null and void.
20. Release. Subject to the provisions of this Agreement,
each party has released and discharged, and by this Agreement does
for himself or herself, and his or her heirs, legal representatives,
executors, administrators and assigns, release, indemnify (including
actual legal fees) and discharge the other of and from all causes' of
action, claims, rights, or demands, whatsoever in law or equity,
including equitable distribution, spousal support, alimony, counsel
fees, alimony pendente lite, and expenses which either of the parties
against the other ever had, now has, or may have in the future under
the Pennsylvania Divorce Code, as amended, or under any other
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statutory or common law, except any and all causes of action for
divorce and ~ll causes of action for breach of any provisions of this
Agreement. Each party also waives his or her right to request marital
counseling, pursuant to Section 3302 of the Divorce Code.
21, Waivers of Claims Aqainst Estates. Except as herein
otherwise provided, each party may dispose of his or her property in
any way, and each party hereby waives and relinquishes any and all
rights he or she may now have or hereafter acquire under the present
or future laws of any jurisdiction, to share in the property or the
estate of the other as a result of the marital relationship,
including without limitation, dower, courtesy, statutory allowance,
widow's allowance, right to take in intestacy, right to take against
the Will of the other, and right to act as administrator or executor
of the other's estate, and any right existing now or in the future
under the Pennsylvania Divorce Code, as amended from time to time,
and each will, at the request of the other, execute, acknowledge and
deliver any and all instruments which may be necessary or advisable
to carry into effect this mutual waiver and relinquishment of all
such interests, rights and claims. Each further waives any right to
inherit or receive property or act as the personal representative of
the estate of the other by Will, Codicil, intestacy, or insurance
policy, unless such Will, Codicil, or insurance policy designation of
beneficiary is dated subsequent to the effective date of this
Agreement.
22. Breach. In the event of breach of any of the terms of
this Agreement, the nonbreaching party shall be paid, as part of any
award or judgment against the breaching party, all costs, including
actual counsel fees paid to his or her attorney.
23.. Incorporation in Final Divorce. The terms of this
Agreement shall be incorporated but shall not merge in the final
divorce decree between the parties. Any Court having jurisdiction
shall enforce the provisions of this Agreement as if it were a Court
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Order. This Agreement shall survive in its entirety, renOlVlll'l till'
spousal support, alimony, equitable distribution ilnd othel' Inll'r"<llll
and rights of the parties under and pursuant to the DIvorce ('nd,' of
the Commonwealth of Pennsylvania, and no court asked to ellfe.r"" '.r
interpret this Agreement shall in any way change the terms of thin
Agreement, This Agreement may be enforced independently of any
support order, divorce decree or judgment and its term:! ntlilll tak',
precedence over same, remaining the primary obligatlon of e!lci! Pillty,
This Agreement shall remain in full force and effect ro,cFlr'd]'''w of
any change in the marital status of the parties. It i" warrilnted,
covenanted and represented by Husband and ~life, each to the other',
that this Agreement is lawful and enforceable, and thin warranty,
covenant and representation is made for the specific purpose of
inducing the parties to execute the Agreement.
24. Additional Instruments. Each of the parties shall
from time to time, at the request of the other, execute, acknowledge
and deliver to the other party, any and all further instruments that
may be reasonably required to give full force and effect to the
provisions of this Agreement.
25. Separabilitv. In case any provision of this Agreement
should be held to be contrary to, or invalid under, the law of any
country, state or other jurisdiction, such illegality and invalidity
shall not in any way affect the other provisions hereof, all of which
shall continue, nevertheless, in full force and effect, and each
paragraph herein shall be deemed to be a separate and undisputed
covenant and agreement.
26. Entire Aareement. This Agreement contains the entire,
complete and exclusive understanding of the parties, and there are no
representations, warranties, covenants and undertakings other than
those expressly set forth herein. Husband and wife acknowledge and
agree that the provisions of this Agreement with respect to the
distribu~ion and division of marital and separate property are fair;
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equitable and satisfactory to them, based on the length of their
marriage and other relevant factors which have been taken into
consideration by the parties. Both parties hereby accept the
provisions of this Agreement with respect to the division of property
in lieu of and in full and final settlement and satisfaction of all
claims and demands that they may now have or hereafter have against
the other for equitable distribution of their property by any court
of competent jurisdiction pursuant to Section 3502(d) of the Divorce
code or any other laws. Husband and wife each voluntarily and
intelligently waive and relinquish any right to seek a court ordered
determination and distribution of marital property, but nothing
herein contained shall constitute a waiver by either party of any
right to seek court relief for the purpose of enforcing the
provisions of this Agreement.
27. Modification and Waiver. A modification or waiver of
any of the provisions of this Agreement shall be effective only if
made in writing and executed with the same formality as this
Agreement. The failure of either party to insist upon strict
performance of the provisions of this Agreement shall not be
construed as a waiver of any subsequent default of the same or
similar nature.
28. Intent. It is the intent of the parties by this
Agreement to fully and finally foreclose any resort to the courts for
relief on the basis of any statute or case law presently existing or
which may exist at some time in the future within the Commonwealth of
Pennsylvania, including but not limited to equitable distribution,
alimony and other relief under the Pennsylvania Divorce Code, as
amended. This Agreement has been drafted and accepted on the basis
that such resort would constitute a breach under this Agreement,
entitling the nonbreaching party to reimbursement for actual counsel
fees. This Agreement shall be construed in accordance with the Laws
of the 'Commonwealth of Pennsylvania which are in effect as of the
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date of the execution of this Agreement and, where such law is
inconsistent, the terms of this instrument shall govern.
29, Voluntarv Execution, The parties have had the
opportunity to seek the advice of counsel prior to executing this
Agreement and each party acknowledges that the Agreement is fair and
equitable, that it is being entered into voluntarily, with full
knowledge of the income and assets of b~th parties, and that it is
not the result of any duress or undue influence. The parties
acknowledge that they have been furnished with or are aware of all
information relating to the financial affairs of the other.
30. Descriptive Headinqs. The descriptive headings used
herein are for convenience only. They shall have no effect whatsoever
in determining the rights or obligations of the parties.
31. Aqreement Bindinq on Heirs. This Agreement shall be
binding and shall inure to the benefit of the parties hereto, and
their respective heirs, executors, administrators, successors and
assigns.
32. Prior Aqreements. This Agreement shall supercede all
prior agreements, whether oral or written, relating to this divorce,
distribution of property, alimony pendente lite, support, alimony and
all other divorce related issues. All prior agreements shall be
considered null and void. This provision includes, but is not
limited to the Agreement dated August, 1992, attached hereto as
Exhibit "B",
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands and seals the day
WITNESS:
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EXHIBIT "An
BRENNEMAN V, BRENNEMAN - SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
Within thirty (30) days of execution of thlLl ^qu!('mt'nt, Wife
shall return to Husband the following iL..,f!.!; of per!lOnillty:
L Two (2) rifles; and
,'2. -OLle...,.U) hanggun. /" /
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AGREEMENT
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Made thisq-r Clay of August, 1992, by and between
JAMES N. BRENNEMAN (husband) and JULIA p, BRENNEMAN (vife),
Whereas. the parties, being husband and wife, have
separated and desire to make an agreement pertaining to
their property and other matters.
Now this aqreement witnesseth that the parties
heretofore and in consideration of the mutual covenants
. herein contained and intending to be lp~ally bound hereby.
agree as fOllows:
1 )
kno~," as
Wife.
Husband agrees to grant and convey real estate
124 HOlly Drive, Mechanicsburg, Pennsylvania to
2) Husband agrees to tranSfer title to the 1987
Cadillac to wife.
3) Husband agrees to assign and set over to wife
one-half of his right, title and interest in his pension
and/or retirement fund with Acme Markets.
4) The househOld effects in the home at 124 HOlly
Drive shall be the sole property of wife except fbr the
following items which shall be the property of husband:
Portable Television
VCR
All husbands clothing and personal items
Guns
Pictures of husband's family and the right to copies of
photos of husband, wife and daughter.
5) It is understood the documents necessary for
assignment Of the Acme Markets retirement/pension benefits
Ilill be forwarded by Acme and will be executed, aclcnowledged
and delivered by husband upon request by wife.
6) This agreement is not an all inclusive settlement.
Rights not specifically included herein shall be unaffected
hereby and nothing herein contained shall be construed as a
waiver of any other rights a party may have against the
other.
In Witness whereof the parties have set their hand and
'seal the day above Written.
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Ihis :\dlkndull1, ll1ad~ this
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day of' 't.' !~.' ,~IIIJI hy and h~t\\wn Jam~s N,
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Ilr~nn~ll1au, (h,'r~inalkr rd'~rr~d I" ;" "I lu"hand" , and Julia 1', Ilr~nn~manl h~reinafter relcrrcu
to as "Wilc") sl1:l11 he an add~ndull1l" lh~ Separation and I'rnp~rly Sdlkmenl Agr~~mcnt maue
lhis sam~ dat~,
The parli~s h~rcto. int~nding 10 h~ kgally houud, covenant. pr"mis~ and agr~~ as fllllows:
I, I'ursuanttoth~ Separation anu I'rnp~rty S~ttkment :\gre~mcnl. Ilushanu shall
pay to Wilc on~-half(Y,) of the monthly amount h~ receives from the I'a~ilic Lilc Annuity
Retircmcnt hcnclit:
~. Immcdiatcly ul'"n thc ~scculion of this Aducndum, Ilushand shall deposil with
his attorncy. Nicolc M, Stalcy O'(jorman, an amount cqual to two (2) monthly paymcnts ofthc
Pacilic Lilc Annuity:
}, Attorncy Staky (J'{iol'ln;l11 will hold the payments rclcrrcd to in thc forcgoing
paragraph in cscrow. In thc cvcntllushand should fail to pay lhe momhly amount duc to Wifc
prior to thc cntry of a Qualilicd Domcstic Rclalions Ordcr, Attorncy Stalcy O'Gorman shall
upon noticc and dcmand. promptly rclcasc thc cscrow funds to Wifc or hcr attorncy,
4. Thc partics agrcc that this Addcndum is a valid modilication of the Separation
and Propcrty Scttlcmcnt Agrccmcnt pursuant to Paragraph 27 of said Agrecmcnt.
IN WITNESS WHEREOF. thc partics havc hcrclo sct lhcir hands and scals the day and
ycar lirst abovc writtcn,
lAW OFFICES
SNEl8AKER.
BRENNEMAN
8c SPARE
WITNESS:
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JAMES N. BRENt1AMAN;
Pl.linti ff
IN THE COURT OF COMMON PLEAS
CU~1BERLAND COUNTY, PENNSYLVANIA
VB.
NO. 1998-6709 CIVIL
JULIA P. BRENNEMAN,
Defendant
CIVIL ACTION - IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
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(dl of
the Divorce Code.
2. Date and manner of service of the Complaint:
Comolaint in Divorce was served on Defendant.
Julia P. Brenneman bv Dersonal service on
December 2. 1998.
3. (Complete either paragraphs (a) or (b).
(b) (1) Date of execution of the Plaintiff's Affidavit
required by ~3301(d) of the Divorce Code: Auoust 24. 2001;
(2) Date of filing of Plaintiff's Affidavit: August 24,
2001; Date of Service on Attorney for Defendant by hand
delivery on August 24, 2001.
4.
oarties'
shall be
Decree.
Related claims pending: Pursuant to Paraoraph 23 of the
Separation and Propertv Settlement Aoreement. the Aqreement
incorporated. but shall not me roe in the final Divorce
S. (Complete either (a) or (b).)
(a) Date and manner of service of the notice of
intention to file a Praecipe to Transmit Record, a copy of
which is attached: Auoust 24. 2001 bv personal service on
Attornev for Defendant. Philip H. Spare. Esquire.
(b) Date Plaintiff's Waiver of Notice in ~3301(c)
Divorce was filed with the Prothonotary: N/A:
Date Defendant's Waiver of Notice in ~3301(c)
Divorce was filed with the Prothonotary: N/A.
Dated: September 14, 2001
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JAMES N, BRENNEMAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUl1BERLAND COUNTY I PENNSYLVANIA
CIVIL ACTION - LAW
v,
NO, q f- {,. ;lO? c.l:~'( 0~.--
JULIA P. BRENNEMAN,
Defendant
IN DIVORCE
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COMPLAINT UNDER SECTION 33011c\ OR SECTION 33011d\
OF THE DIVORCE CODE
1, Plaintiff is James N. Brenneman, who currently resides
at 504 B Lewisberry Road, New Cumberland, Cumberland County,
Pennsylvania, since December, 1991,
2, Defendant is Julia p, Brenneman, who currently resides at
124 Holly Drive, Mechanicsburg, Cumberland County, Pennsylvania,
since 1973.
3, Both plaintiff and Defendant have been bona fide
residents in the Commonwealth for at least six months immediately
previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on July 16,
1966, at Harrisburg, Pennsylvania.
~
5, There have been no prior actions of divorce or for
annulment between the parties.
6, The marriage is irretrievably broken.
7, Plaintiff has been advised that counseling is available
and that Plaintiff may have the right to request that the court
require the parties to participate in counseling.
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JAMES' N. BHENNiIMJiN,
[> I il i nl iff
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IN TilE COUHT OF COMMON PLEAS
('IIMHERLANll COllNTY, PENNSYLVANIA
vn.
NO. 1998-G709 CIVIL
JULIA p, BRENNEMAN,
Defendant
CIVI L ACTION - IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmi t the record, together wi th the following information, to
the Court for entry of a Divorce Decree:
1. Ground for divorce: Irretrievable breakdown under ~3301 (d) ,:>f
the Divorce Code.
2. Date and manner of service of the Complaint:
Com laint in Divorce was served on Defendant
Julia P. Brenneman bv oersonal service on
December 2. 1998.
3. (Complete either paragraphs (a) Or (b).
(b) (1) Date of execution of the Plaintiff's Affidavit
required by ~3301(d) of the Divorce Code: Auqust 24. 2001;
(2) Date of filing of Plaintiff's Affidavit: August 24,
2001; Date of Service on Attorney for Defendant by hand
delivery on August 24, 2001.
4.
arties'
shall be
Decree.
Related claims pending:
Se aration and Pro ert
incor orated but shall
Pursuant to Paraqraoh 23 of the
Settlement A reement the A reement
not mer e in the final Divorce
5. (Complete either (a) or (b).)
(a) Date and manner of service of the notice of
intention to file a Praecipe to Transmit Record, a copy of
which is attached: Auqust 24. 2001 bv personal service on
Attornev for Defendant, Philip H. Spare. Esquire.
(b) D~te Plaintiff's Waiver of Notice in ~3301(c)
Divorce was filed with the Prothonotary: N/A:
Date Defendant's Waiver of Notice in ~3301(c)
Divorce was filed with the Prothonotary: N/A.
PURCELL, KRUG & HALLER
BY: ~cf]ro;~(')'G(W~
~~~~O'Gorman, Esquire
1719 N. Front Street
HarriSburg, PA 17102
(717) 234-4178
ID No, 79866
Dated: August 24, 2001
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P,01/01
LA W OFFICES
JOH~ W. PlJRCflt
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JOlIN W, PURCELL JR,
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BIUAN J. l'tLU
N1CIIOLi M. STAL.li:V O'OoRMA...,
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1719 NORTH fRONT STRHT
HARRISBURC. PCNM\1VANIA 17102.2392
TIW'HON[ (717) 234.4178
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JOSEPH ~IS.SU!.Y l,glo-tm}
VAUiRIt A. GUNN
0' COUNSEL
Apnl 3D, 2001
E. Robert Elicker
Cumberland County Divorce
Court of Common Pleas
9 North Hanover Street
Carlisle, PA 17013
VIA FACSIMILE - 766-8422
Masters Office
Re: Brenneman v, Brenneman
Docket No. 98-6709
Dear Elicker:
As I discussed with Traci on this date, Mrs. Brenneman is no
longer willing to appear at a settlement conference to attempt
settlement. While r realize that she is now under a court order
to appear, my client prefers to simply schedule a hearing as soon
as possible to bring this matter to a close. If she is not going
to come to the settlement conference voluntarily, it would seem
that the conference cannot be productive.
Traci indicated that your earliest availability will be the
first week of July. I will be out of the office until Monday,
July 9, 2001, but will be available the following week for a
hearing.
Thank you for your continUing patience and assistance.
Sincerely yours,
NMSO/bgr
cc: Mr. Phillip Spare (VIA FACSIM
Mr. James Brenneman
TOTAL P,01
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VAllRlf A GUNN
Of COUNSEL
August 8, 2001
Robert E. Elicker, II, Esquire
9 North Hanover Street
Carlisle, PA 17013
Re: James Brenneman v. Julia Brenneman
Docket No. 98-6709
Dear Mr. Elicker:
I am pleased to inform you that the parties have settled all
of their outstanding divorce claims. Enclosed please find an
original and one copy of their Property Settlement Agreement. It
is my understanding that your office will prepare the necessary
paperwork to revoke your appointment so I can finalize the
divorce.
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,
Thank you for your assistance in this.
,
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NMSO/bgr
Enclosures
cc: Philip Spare, Esquire
Si~Cerel( yours,.
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JANES N, llHENNEr-IAN,
Pl,dnti U
1 N TllE COUHT OF COI1!'ION PLEAS OF
CU1.IIJEHLAND COUNTY, PENNSYLVANIA
V:;.
NO, 9R - 6709 CIVIL
JULl A l', U!<EllNE1M J,
DC' [C'nd,lll t
HE: Pre-Hearing Conference Hemorandum
DATE:
Tuesday, Hay I, 2001
Present for the Plaintiff, James N.
Brenneman, is attorney Nichole M. Staley O'Gorman, and present
for the Defendant, Julia P. Brenneman, is attorney Philip H.
Spare,
We have had a conference today with Counsel
and the parties to try to resolve the economic issues in this
case. Presently the issues pending before the Master are
equitable distribution and alimony. No claims have been
raised by either party for counsel fees and expenses.
Counsel have indicated that there will be testimony on the
factor of marital misconduct. Husband's Counsel has
indicated that husband will be her only witness and Mr. Spare
has indicated that Mrs. Brenneman will be his only witnesses.
Counsel are directed to outline the testimony of marital
misconduct that they are going to present and provide each
other a copy of the testimony as well as the Haster.
At the conference on October 2, 2000,
attorney Staley O'Gorman advised that there may be an issue
with regard to wife's earning capacity. Today she has
suggested that if she be provided with an income and expense
statement she will be able to better evaluate her current
position regarding that matter. Consequently wife is directed
to file an income and expense statement and provide husband's
attorney with a copy within three weeks of today's date.
The parties have agreed that they will abide
by the terms of an agreement entered into in August of 1992
which awarded the house that the parties resided in to wife.
The real estate is located at 124 Holly Drive, Mechanicsburg,
PennsYlvania.
An issue has arisen with regard to the title
of that property which seems to be the main problem here in
resolving the issues presented to the Master. I am going to
ask counsel to each state on the record their understanding of
the issue and what their proposed resolution of the issue
.
might be.
(A di:;clJ:;~;jon "':d:; held off the' ::ecord.)
NS. ~;'I'l\LEY () t GUH.HAtl: t.:'I c 1 i en t I :_;
understandinu of the i,,,;ul! n'lIl<linillCj <I" tn th'.' I it 1(' to the
marital home is that Mrs. Urenneman would like Mr. Urenneman
to provide some type of an indemnification as to any joint or
separate debts that were incurred pre-separation that may
affect her or the marital real estate. Owing to Mr,
Brenneman's bankruptcy in 1998. he is willing to do no more
than provide an affidavit as to the debts he was aware of as
of the date his bankruptcy.
The other issues which we could expect to be
heard at the hearing would be everything that is not addressed
in the property settlement agreement.
(A discussion was held off the record.)
MR. SPARE: Issues that we want to address at
the hearing will include those items not addressed in the 1992
agreement including the identification, value and disposition
of bank accounts; store franchises; life insurance policies in
husband's name with cash value; savings that the parties had
accumulated to be used during the daughter's college, which my
client believes were taken and spent by the husband; the IRAs
both in husband's name which we think amounted to $17,000.00
and change and wife's IRAs which we believe were in the
$4,000.00 range. There is also a second pension from the Food
cl"ployers Labor Helalic.w ;",,;ociation und Uniled Food und
Corrunerciill \'Iorkers which has nOl bl'en addre,;sad by the 1992
agreament:.
In lldditioIl to H1dritu1 dsneLs, there ole
saverill items of marital debt th,," ware explilinecl on page 5 of
our pra-trial statemant that wara nOL ilddressed in the 1992
agreement. The Divorce Master should view those marital debts
and the husband's wrongful conduct ancl the forging of my
client's name and ignoring his financial obligations when he
makes a determination as to whether or not alimony is due and
as to the disposition of marital property.
THE MASTER: Do yoU want to respond to any of
the statements regarding the identification issues of assets,
valuation and debt?
MS. STALEY o 'GORMAN: Only that any
outstanding assets and debts from my client's perspective are
identified in his inventory and his pretrial statement.
THE MASTER:
Counsel are directed to
exchange exhibits which they intend to offer at the hearing 20
days prior to the date of the hearing.
A hearing is scheduled for Tuesday, August
21, 2001, at 9:00 a.m. Notices will be sent to Counsel and
the parties.
cc: Nichole M. Staley O'Gorman
Attorney for Plaintiff
Pili 1 ip II. ~;p,ln'
I\t tOrJltlY for f)f'f('Ild\Jllt
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JAMES N. BREN:-lE1\IAN
IN TilE COUIlT OF COMMON HEM; OF
CUMIlEllI,AND COUNTY. P~:NNSy!'VANIA
\"
NO.
111'.1.7011
JLJI./A 1'. BRENNEMAN
CIVil, ACTION - LAW
IN DIVORCE
ORDEIl AND NOTICE SETTING IIEAIUNG
,
'1'0: Jamcs N. Brcnncman
Nichole M. Stalcy {)'Gorman
Plaintiff
Counsel for Plaintiff
Julia 1'. Brcnncman
Philip II. Sparc
Defendant
Counsel for Defendant
You are directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street, Carlisle, Pennsylvania on tile --11:1___. day
(.If August 2001 at 9:00 t I I
a.m.. a' wlicl
place and time you will be given the opportunity to present
witnesses and exhibits in support of your case.
,fit
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President Judge
Date of Order and
Notice: 5101/01
By:
Divorce Master
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO 1'0 OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
CUMBEHLAND COUNTY IlAH ASSOCI AT I ON
2 J.TI3EHTY AVENUE
CAHJ.I~;J.T':, I'A 1701:\
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: N THE CCUf<'i' eH' C():"':~ON I'LEf\S OF'
':I;:~BE!( LA~W CellNTY, PENN:; Y LV r,N J ^
vs.
~~O. 9H - (i'lor) crVI L
.JU L I ^ !', BHENNEI"AN,
j'efendunt
IN lilVOHCE
TO:
~llt~~.5M~t~ilv"
!\t.lorlley [or i')laintiff
Philip H, Spure Attorney for Defendant
fJfI'I'E: \'iednesday, December 29, 1999
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed,
OR IF DISCOVERY IS NOT COMPLETE:
(al Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
.
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DATE
COUNSEL FOR PLAINTI FF
COUNSEL FOH DE FENDANT
NOTE:
PRETRIAL DIRECTIVES \'iILL NOT BE ISSUED FOH THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVEHY IS COMPLETE, OH OTHERWISE
AT THE ~~STEH'S DISCHETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PAHTY TO THE ACTION, IF NOT HEPHESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIHECTIVE FOH FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT HEPHESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
,JANES N, BHENNEt1AN,
1'1 "d n t i f I
j N TilE C:OI]Wl' elf' CO:1NON I'LE/IS m'
CUII;BEH!.l,ND COUNTY, PENNSYLVA,,:A
VS.
C i V I L fIr;T j ON - LMI
JULIA P. !lHENNEt1AN,
Defendant.
NO, <Jd - C109 Cl vi I
IN DI'/OHCE
NOTICE 0[" PHE:-HEAHING CONFEHENCr:
,.,
.
.
,
- .'.- .-. -.-_______._.,__... ___._____.u._._..______~___~_
TO: Nichole t1. Staley O'Gorman
, Attorney for Plaintiff
Phil ip H, Spdre
Attorney for Defendant
A pre-hearing conference has been scheduled at the
Office of the Divorce t1aster, 9 North Hanover Street,
Carlisle, Pennsylvania, on the 2nd day of October 2000, at
n
9:30 a.m., at which time we will review the pre-trial
statements previously filed by counsel, define issues,
i
...;
identify witnesses, explore the possibility of settlement
and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 6/19/00
E. Robert Elicker, II
Divorce Master
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OFCOUflSEl
January 24, 2001
Robert C. Elickc::-, II, Eaqui.::s
9 North Hanover Street
Carlisle, PA 17013
Re: James Brenneman v. Julia Brenneman
Docket No. 98-6709
Dear Mr. Elicker:
I am happy to report that a settlement appears to be
imminent in this case. However, we will not be able to complete
all of the formalities prior to the scheduled January 25, 2001
hearing. Accordingly, I request that the scheduled hearing be
postponed until We can complete the details of settlement. I
anticipate that this should not take more than two weeks, at
which time I expect to request that your appointment be vacated.
After discussing this matter with Attorney Spare, counsel for
Mrs. Brenneman, I advise that he concurs with the above.
Thank you for your patience
and assistance in this IT)at:ter.
S~nc re'l~\:l!S'; r /
NMSO/ase
cc: Philip Spare, Esquire
James Brenneman
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JiIMEs N. BHENNENMI,
i'l il i n t. j r t
IN TIlE CUUWI' (W CO/1:10N l'U:,iS OF
CII11BEHI.AN1J COUNTY, I'ENN:;'(LVAN IA
V,,
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NO, 9U - ,;709 CIVI L
JULIA P. BRENNEI1AN,
IN DIVOHCE
HE:
Pre-Hear iTJeJ Cont (!rc~llce !1p1rlorU:lldum
DATE:
Nonday, October 2, 2000
Present for the Plaintiff, James N. Brenneman is
attorney Nicole N. Staley O'Gorman, and present for the
Defendant, Julia P. Brenneman, is attorney Philip H. Spare,
A divorce complaint was filed on November 25,
1998, raising grounds for divorce of irretrievable breakdown
of the marriage. Nr. Spare has indicated that he is not
certain whether his client will sign an affidavit of consent;
however, hUsband has filed an affidavit under Section 3301 (d)
on December 7, 1998, aVerring a period of separation in excess
of two years.
On December 15, 1998, a counterclaim was filed
raising the economic issue of equitable distribution. No
other economic claims have been raised to date, Wife,
through her counsel, has indicated that she may wish to file
an alimony claim. If an alimony claim is filed, attorney
Staley O'Gorman has advised that there will be an issue
regarding wife's earning capacity and she will have to
determine Whether her client wants to have wife evaluated by a
vocational expert. Further, counsel reserve the right to
raise a marital misconduct issue with regard to that factor in
the alimony claim.
With respect to the earning capacity issue and the
marital misconduct iSsue, Counsel are directed to advise the
Master within a month of today's date Whether they wish to
pursue either or both of those ma~ters and who the witnesses
will be at the hearing, If husband gets a vOcational expert
evaluation, he shOUld allow the wife SUfficient Opportunity,
prior to the hearing, to prepare and file a rebuttal if she
chooses.
The parties were married on July 16, 1966, and
separated November 1990. There was one child born of the
marriage who is emancipated.
Husband is 57 years of age and resides at 1450
Timberbrook Drive, Mechanicsburg, Pennsylvania, where he lives
alone, lie is a high school graduate and "arks in sales at
FreySill<],'r Pontiac GI1C Buick ilnd Hyundili. His monthly net
income [rom Freysinger is $1,507.05 plus the income annually
between $17,000,00 and $18,000,00 from Hyundai. Husband has
not rilised any health issues. He is currently covered with
medical insurance t:hroUCJh his employer; however, we do not
know if the policy also COV0rs "ife.
Wife is 55 years of age and resides at 124 Holly
Drive, Mechanicsburg, Pennsylvania, "here she lives alone,
She is a high school graduate and is currently unemployed.
She is receiving unemployment compensation and we do not have
the information as to the monthly amount. Wife is directed to
file a current income and expense statement. Her last
employment was as a cosmetic salesperson where she was earning
$15,000.00 to $20,000,00 per year. Wife has not raised any
health issues. Wife apparently does not have any medical
insurance coverage unless it is through husband's employer,
We need to kno" the cost to wife of maintaining medical
insurance coverage. Wife is receiving as SPOusal support from
husband $174,00 biweekly,
The parties o"n real estate at 124 Holly Drive,
Mechanicsburg, Pennsylvania. The real estate and other
matters involving the assets have apparently been addressed in
an agreement that the parties entered into on August 24, 1992.
There has been some discussion as to the effect of this
agreement on the current issues. Attorney Staley O'Gorman
has indicated that she may wish to ask the Court to set aside
the agreement; Mr. Spare believes that the agreement should be
binding on both parties. If the issues addressed in the
agreement are resolved by the agreement, then apparently we
are dealing with some questions involving values of IRAs, some
debts that were paid by the parties, and hUSband's pension,
If the agreement is set aside, then we have some other issues
involving vehicles, money market accounts, tangible personal
property, and, of course, the value of the real estate.
It is husband's opinion that wife, pursuant to the
agreement, received in excess of 80% of the marital assets,
The Master is not able at this point to determine if that
percentage is an accurate valuation of the assets "hich were
distributed to wife. In any event, when we determine the
assets and the distribution to wife, that will be a factor in
wife's request for alimony.
With respect to the IRAs, the Master is a"are,
based on counsels' comments, that husband used the $17,000.00
IRA to pay off debts involving the Southland Corporation and
wife received around $4,000.00 directly in her IRAs. If this
in{orrndtiotl i~; inaCC\1Tdte, thi~; Cdtl bp dpvclopcd lhrouqh
evidence t.haL CMl be offerc,d aL t.he hearinq. r'urther, there
was a debt a'litinsL t.he parties involvin'1 Lhe SouLhland
Corporation and husband was dischar'1ed Lhrou'1h bankruptcy
proceedin'ls while wife paid ~Cj,OOO.OO to clear her credit
since she did 1I0t. joill III the bankrupt.cy proceedinqs.
With respect Lo hU:5band' s pensi on, husband
received payments without shiHin'1 the payments with wife for
about two years. Accordin'1 to his attorney, however, he made
a cash payment to wife to compensaLe her for the monies that
he received based on a statement to the pension plan
administrator that he was not married.
Further, husband apparently forged wife's
signature on a mortgage and received around $20,000.00.
Husband denies that there was a forgery but in any event
claims that he paid back the money and that wife was n~t
affected by the obligation.
The Master is going to let each counsel state
briefly what the issues are with regard to the matters
discussed so that the Master perhaps has a clearer idea of the
direction we should be going in trying to resolve the
remaining issues. Also, counsel for husband has indicated a
position regarding settlement and she can also state that
position on the record. Mr. Spare can respond to that as he
thinks is appropriate based on his current evaluation of the
facts. Attorney Staley O'Gorman.
MS. STALEY O'GORMAN: Essentially the issues are
that there was an agreement addressing several of the marital
assets executed in 1992. Husband has done everything he has
been required to do under that agreement. He would like to be
divorced. He will agree to execute a QDRO or any other
document necessary to give wife her half interest in his ACME
pension. His settlement position, he is willing to do that
and waive any other interest he may have to any other marital
asset. However, that is not his position in the event that
this matter needs to be heard by the Master.
In the event that this matter needs to be heard by
the Master, there is an issue of delay inasmuch as it has been
eight years since the settlement agreement was executed.
The agreement does not include certain IRAs held
by both of the parties, vehicles, and miscellaneous personal
property. Mr. Brenneman will be seeking a more equitable
share of marital property in the event that this matter
proceeds to a hearing.
.
As tur as alimony, husband's pOfjition i~:;i that wife
is not entitled to alimony in view of the assets she has
already received, her earning poU,ntial, and the length of
time that she has had to see~: sui table employment. or training
to obtain suitable employment in the ei'1ht years ttliJt she has
heen receiVing support.
THE MASTER: Mr. Spa re.
MR. SPARE: Our position is that the 1992
agreement is 1001 enforceable and that wife did everything
that she was supposed to do under that agreement and husband
committed a fraud when he lied about his marital status to
ACME Markets and started to receive his pension, and he only
cleared that matter up a few weeks ago after he was caught,
after spending about a year trying to get that information
from the pension provider.
We have all of our issues set forth in our
pretrial statement regarding different acts of fraud that
husband committed. We would ask the Divorce Master to look at
the distribution of assets that has occurred under the 1992
agreement; not to alter that distribution but to look at the
big picture; look at the items that have not yet been
distributed by the 1992 agreement and to make a determination
as to whether my client is entitled to alimony.
THE MASTER: In addition to the alimony claim,
what items do you believe have not been addressed in the
agreement that I need to distribute. If I find the agreement
totally valid, what items have not been specifically addressed
in the agreement?
MR. SPARE: The agreement dealt with real estate,
a 1987 Cadillac, the ACME Market pension, personal property,
and that is it. Other items that were not identified or
addressed in the 1992 agreement would include bank accounts;
the value of the store franchises, if any; life insurance
policies in husband's name with cash value; savings that the
parties had accumulated to be used for the daughter's college
expenses, which my client believes were taken and spent by the
husband; the IRAs both in husband's name, which we think
amounted to $17,000.00 and change; and wife's IRAs, which we
believe were in the $4,000.00 range. There is also a second
pension from the Food Employers Labor Relations Association
and United Food and Commercial Workers which has not been
addressed by t~e 1992 agreement.
There were several items of marital debt that dre
.
explained on pa<je S of our pretrial statement that wel~ not
addre:;sed in the 19Cj? aqreemellt, and as the Divorce Master
views thls entire matter, We should lake those marital debts
and husband's wronqful cOilduct in the forging of my client's
name and ignorinq hi,; several financial obligations, when he
ma~:es a determinittion ilS to whpther illirnony is due or not.
MS. STALEY O'GORMAN: I just want to add one other
thing. I think that, i r for no other reason, the alimony
claim should be barred because I think the pretrial stage of
proceedings is a less than timely place to bring it up. At
this point there has been no other claim for alimony raised in
this case.
THE MASTER: Attorney Anthony T. McBeth filed the
complaint and the affidavit under Section 3301 [d). Currently
he still is the attorney of record for Mr. Brenneman and can
be regarded by the Master as co-counsel with attorney Staley
O'Gorman. Mr. McBeth's address on the backer that he filed is
407 North Front Street, First Floor, Harrisburg, Pennsylvania
17101. Mr. McBeth is directed to file a withdrawal of
appearance or appear as co-counsel at the hearing to be
scheduled in these proceedings since he is currently still
counsel of record for the Plaintiff.
A hearing is scheduled for Thursday, January 25,
2001, at 9:00 a.m. Notices will be sent to counsel and the
parties. If counsel determine that we need testimony on the
earning potential of wife and on the factor of marital
misconduct, we will use the date scheduled for the hearing for
the purpose of taking the experts and hearing marital
misconduct testimony only. We will then schedule a hearing on
the remaining issues for another date.
cc: Nichole M. Staley O'Gorman
Attorney for Plaintiff
Anthony T. McBeth
Attorney for Plaintiff
Philip H. Spare
Attorney for Defendant
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Office of the Divorce Master
13'" North Hanover Street
Carlisle, PA 17C13
Re: Brenneman v. Brenneman
Dear Mr. Elicker:
Enclosed please find my Entry of AFpearance with regard to the
above-referenced matter.
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t1r. Robert El~d;er, II
Office of the Divorce Master
13'" North lIanover Street
Carlisle, PA 17013
Re: Brennemarl v. Brennemarl
Dear Mr. Elicker:
Enclosed please find Plaintiff's Certification regarding
discovery.
Thank you.
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Otfic(~ of the Divorce r'Iitster
13 North Hanover Street
Carlisle, PA 17013
RE: James N. Brenneman v. lJl]li~ Il. Brell11errldll
No. 98-6709
Dear Mr. Elic}:er:
I am receipt of Defendant':3 Certification that di:3covery is
not complete. I must make you aware that the information
Defendant seeks concerning her Husband's Retirement benefits has
been provided to her counsel by this writer. However,
Defendant's counsel was not satisfied and wanted to obtain the
information directly from Pacific Life. I initially entertained
his request. It has now been seven months since Attorney Spare
began that endeavor. Accordingly, I respectfully request that a
Pre-Tri31 ronf~cence be scheduled so that we can begin to move
this matter along.
It is imDortant to note that the parties have been separated
for almost ten years. I see no reason why this matter should be
fyrther delayed so that Defendant can obtain information already
in her possession.
NMS! ase
c: Philip H. Spare, Esquire
,James Brenneman
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JUIs I A P. BHENNEr.ir\i~,
Defendant
IN PJV(Jl(Cf:
TO: Anthony T. McBeth
Att.orney for Plaintiff
Phi 1 ip fl. Spare r,t tOrl1ey for Defendant
DATE: ~lednesday, December 29, 1999
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
la) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
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April 26. 2000
E. Robert Elicker, II. Esquire
Office of the Divorce Master
9 North Hanover Street
Carlisle, P A 17013
Re: Brenneman v, Brenneman
No, 98-6709
Dear Mr. Elicker:
Enclosed is the original Certification indicating that discovery is not complete in the
above referenced action, I file this Certification on behalf of my client, Julia p, Brenneman.
Defendant in the above-referenced matter,
Very truly yours,
'Q~
Philip H, Spare
PHS/sz
Enclosure
CC: Nicole M. Staley O'Gorman (w/enclosure)
Juiia P. Brenneman (wienciosure)
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E, Robert Elicker, II. Esquire
Office of the Divorce Master
13 Nonh lIanover Street
Carlisle, PA 17013
Rc: Brcnneman v, Brenneman
No, 98-6709
Dear Mr, Elicker:
I send this letter as a follow-up to Attorney Staley O'Gorman's letter to you dated May
17,2000, I have no objection to you scheduling a pre-trial conference at this time.
Very truly yours.
'PIJ~
Philip H, Spare
PHS/sz
CC: Nicole 1\1, Staley O'Gorman. Esquire
Julia P. Brenneman
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Office of the Divorce Master
l::r North Hanover Street
CiHlisle, Pl\ 17013
Re: Brerlnemarl v. BrerlIlemaIl
Dear Master Elicker:
I am enclosing a copy of the Inventory, Income & Expense and
the Plaintiff's Pre-Trial Statement, all of which were filed with
the Cumberland County Prothonotary on the above da te.
Should you have any questions
matter, please contact the office.
,
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or comments in the above
NMS/ase
enclosures
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E. Rohert Elicker. II. Esquire
Office of Divorce Master
'I North IlauO\w Street
Carlisle.l'^ 17013
Re: Brenneman \', Brenneman
No. 'IN-67(11) Civil Term
In Dil'oree
Dear Mr. Elicker:
Enclosed Illr liling is the originall'rdrial Statement I(lr Dclcndant Julia 1'. Brenneman in
the ahow rdcreneed mailer.
Very truly yours.
PHS/
Enclosures
ee: Julia P. Brenneman (w/enclosure)
Niehole M. Staley O'Gorman. Esquire (w/enelosure)
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JAMES N. BRENNEMAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 98-6709
JULIA 1'. BRENNEMAN,
Defendant
IN DIVORCE
ANSWER WITH COUNTERCLAII1
AND NOW, comes the Defendant JUlia P. Brenneman, by her
attorneys, Snelbaker, Brenneman & Spare, P. C. and files the
within Answer to Plaintiff's Complaint as follows:
1. Admitted.
2. Admitted in part; denied in part. It is admitted that
Defendant Julia P. Brenneman resides at 124 Holly Drive,
Mechanicsburg, Cumberland County, Pennsylvania. It is denied
Defendant has lived at this address since 1975.
that she has resided there since 1973. It is averred that
3. Admitted.
4. Admitted in part; denied in part. It is admitted that
however, the date of the marriage was July 17, 1966 not July 16,
Plaintiff and Defendant were married in Harrisburg, Pennsylvania;
1966.
5. Admitted.
6. Admitted.
LAw OFFICES
SNELBAKER
.
BRENNEMAN
Defendant.
7. Paragraph 7 requires no responsive pleading from the
Defendant.
8. Paragraph 8 requires no responsive pleading from the
COUNTERCLAIM
liQ!ll TAB L E llllITIUJ1!IT.L9J:{ 0 f PRO P ERTY
9. Paragraphs 1 through 8 hereinabove are incorporated
herein by reference thereto.
10. The Plaintiff and Defendant have legally and
beneficially acquired property both real and personal during
their marriage from July 17, 1966.
11. The Plaintiff requests this Court to equitably divide
marital property pursuant to Section 3502 of the Pennsylvania
Divorce Code.
WHEREFORE, the Defendant, JULIA P. BRENNEMAN, respectfully
requests your Honorable Court to enter an order of equitable
distribution.
SNELBAKER, BRENNEMAN & SPARE, P.C.
Date: December 14, 1998
. 1" .
By: ,J1!If//~ ~
Philip H. pare,::: Esquire
44 West Main Street
Mechanicsburg, PA 17055-0318
Telephone: 717-697-8528
Attorneys for Defendant
Julia P. Brenneman
-2-
JAMES N. BREr:NEMAN.
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 98.6709 CIVIL
JULIA P. BRENNEMAN,
Defendant
IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
James N, Brenneman. Plaintiff. moves the Court to appoint a master with respect to the
following claims:
( X )
( )
( )
( )
Divorce
Annulment
Alimony
Alimony Pendente Lile
X
Distribution of Property
Support
Counsel Fees
Costs and expenses
and in support of the motion states:
1. Discovery is complete as to the claim(s) for which the appointment of a master is
requested.
2, The defendant has appeared in the action by her attorney. Philip H. Spare,
3, The statutory ground for the divorce is 3301(d).
4, Check the applicable paragraph(s), By check mark:
) The action is not contested
) An agreement has been reached with respect to the following
claims:
X The action is contested with respect to fhe following claims: all claims.
5. The action ( ) involves ( X ) does not involve complex issues of law or fact.
6, The hearing is expected to take ( ) Hours ( 1 ) Day.
7, Additional information, if relevant to the mbti~: N/A. . ,'I, : ( "
11_11~7Itl(1 ," li[i6J.(\,'~' 1Altl\\c~
Date I Attorney for Jlaintiff ) .
ORDER
AND NOW, Id,ll/i11f-&z.(.:kJ ,1999, :z: )2,..(~i J U<:,!t'.1ESqUire is
appointment master)yith respect to the following
claims: () 1.. L
Judge
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SOUTHLAND CORPORATION
Plaintiff
IN 'rHE COURT OF COM."lON PLEAS
: CUMBERLAND COUNTY, PENNSn.vA.NIA
Va
CIVIL ACTION - LAW
JAMES,N. & JULIA P. BRENNEMAN
: NO.
831 Civ~l 19.92
:
Defendants
: IN ASSUMPSIT
.
.
:
: JURY TRIAL DEMANDED
TO:
PROTHONOTARY, COURT OF COMMON PLEAS,
CUMBERLAND
COUNTY, PENNSYLV~~IA
Enter judgment in favor of Plaintiff and against the Defendant above
named for failure to file within the required time an Answer to
the Complaint in the above captioned case, and assess the Plaintiff's
da~ages as follows:
Amount claimed in Plaintiff's Complaint
$ 18,248.33
Interest from
3/4/92
$
273.72
Total
lS,S22.0S
It is hereby certified that a written notice of intention to file
this Praecipe was mailed to the Defendant and his attorney of
record, after the default occurred and at least ten (10) days
prior to the date of the filing of this Praecipe. See Exhibits A
and B attached.
DATED:
By
,Attorney, f<:l_r P?:~_~tiff
Robert D. 'Kodak .."
Judgment entered and damages assessed as above.
Prothonptary
I
LAW OFFICES OF
KNUPP & KODAK, P.C.
~
CAMERON MANSION
407 NORTH FRONT STREET
P.o. BOX llB4B
HARRISBURG. PA 17108.1B4B
717/23B.7151
FAX 717/238.7158
June 13, 1996
OF COUNSEL
ROBERT H. MAURER
ROBERT EWING KNUPP
11931-1978'
ROBERT L. KNUPP
ROBERT D. KODAK
GARY J. IMBLUM
JULIA BRENNEMAN
124 HOLLY DRIVE
MECHANICSBURG PA 17055
RE: Southland Corp.
VS: James & Julia Brenneman
Our File No. 18755
Dear Mrs. Brenneman:
J am pleased to enclose my client's notarized letter indicating that, upon receipt
of $9,000.00, they will consider this account paid in full. Additionally, as I indicated
to you in my previous correspondence, I will also satisfy the Judgment against you
at the courthouse which will remove the lien from your residence.
If this meets with your approval please forward a check for the sum of
$9,000.00, and upon clearance of same, I will satisfy the Judgment at the
Cumberland County Courthouse.
If you have any further questions please feel free to call, although, I do believe
this should satisfy your request.
Thank you for your attention to this matter.
ours,
---....
RDKfsm
Enclosurels)
cc
JIM RILEY
CISCO INC
PO BOX 801088
HOUSTON TX 77280-1088
#915475
,
SOUTHLAND CORPORATION
Plaintiff
v.
JAMES N. BRENNEMAN and JULIA
P. BRENNEMAN
Defendants
TO THE PROTHON0TAR'l':
....
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In the Court of COMMON PLEAS of
CUMBERLAND County
NO. 831 CIVIL 1992
PRAECIPE
Please mark the above-captioned Judgment as settled and satisfied in full AS
TO DEFENDANT. JULIA P. BRENNEMAN. ONLY.
TO Cumberland County
Prothonotary
Dated:
June 28. 1996
~~
Robert D. Kodak
Attorney I.D. No. 18041
Attorney for Plaintiff
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ROBERT EWING KNUPP
11932.1976)
R08ERT L. KNUPP
ROBERT D. KODAK
GARY J. 1M BLUM
CAMERON MANSION
407 NORTH FRONT STREET
P.O. BOX 11B4B
HARRISBURG. PA 1710B.1 B4B
717123B.7151
FAX 717123B.715B
July 12. 1996
OF COUNSEL
ROBERT H. MAURER
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JULIA BRENNEMAN
124 HOllY DRIVE
MECHANICSBURG PA 17055
I
r-
RE: Southland Corp.
VS: James and Julia Brenneman
Our File No. 18755
Dear Ms. Brenneman:
I am very pleased to enclose for your a timed-stamped copy of the Praecipe I
filed marking the Judgment in favor of my client settled in full. As this concludes the
matter with you I would like to thank you for all of your cooperation. I know it was
frustrating and I know it was not easy but you are to be commended for your efforts.
,
I
,
It was a pleasure dealing with you.
j
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Robert D. Kodak
RDK/sm
cc
CISCO INC
PO BOX 801088
HOUSTON TX 77280-1088
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#915475
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EAKIN & EAKIN
ATTOrlN[YS AT LAW
"",...rU;I:T SQUARE: DUll.OING
MECHANICSBURO, PA. 1?0 55
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oJ. MICHAtL tAIlI'"
nu"..or.t .,..."'''2
April 15, 1991
Dauphin Deposit Bank & Trust Company
3045 Market Street
lI"rrisburl]
Pennsylvania, 17015
Re: James N. Brenneman
Julia P. Brenneman
Gentlemen:
I represent Julia P. Brenneman, wife of James
N. Brenneman. Before their separation, the parties
lived at 124 Holly Drive, Mechanicsburg, Pennsylvania.
Enclosed is a copy of a mortgage dated July
28, 1986, purportedly signed by Julia P. Brenneman.
In fact, this mortgage is a forgery in that she did
not sign the same, nor did she appear before the Notary
to acknowledge it.
Enclosed is a copy of a note dated March 24,
1988 in the amount of $20,000.00, which is also a for-
gery.
Mrs. Brenneman is prepared to sign any affi-
davits you may wish her to sign and will furnish hand-
writing samples upon request.
It is requested that your bank look into this
matter and get back to me at your earliest convenience.
\
\
\
,
,
Very truly yours,
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Joinn 'M. ~a~~~
JME:mr
Enclosures
cc: ~Ju1ia P. Brenneman
James D. Bogar, Esquire, Attorney for James N.
Brenneman
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HORACE ^ fOIlNSQN
JERRY R. Dvrfll
RICH...RD w. ~n\'('^R r
C. ROY Wf.IDNlR. IR
EDMUND G My[R~
lAMES A JOIlN~ON
DAVID W. DELUCE
RALPH H. WRIGHT, IR
DAVID I. lAt-;7--A
lAW Off Icr5
JOHNSON, DUFFIE, STEWART & WEIDNER
301 MARKET STREET
P. O. BOX 109
LEMOYNE, PENNSYLVANIA 17043-0109
TIlErJIONE 717.761. iS10
TElFCOl'lER 717.761.10lS
July 2, 1992
Julia P. Brenneman
1'14 Hi.llly Ddv~
Mechanicsburg, PA 17055
Re: Dauphin Deposit Bank and Trust Company
Dear Ms. Brenneman:
Enclosed, please lind two copies of the l()[gery aftidavit with nOle attached. As we talked about
on the telephone. you may sign tbe original aftidavit in our offke belhre one of our notaries at 110 charge.
You may stop in any time belween 8'30 a,m, and 5:00 p.m, at your wnvenience.
Upon receipt of the forgery ai'Jidavit. and all.:r 1 verify with the handwriling expens at u;c s:atc
police that the purported signature is nol yours. we will immedialely remove you from the judgment
which had been entered against you.
I apologize for the slight delay in gelting this 10 you, as I was ill, Thank you for your continued
cooperation in this matter.
Very truly yours.
c
JOHNSON. DUFFIE, ~IDNER
h~~:!~
JAJ :kkm: 17878
Enclosure
~
JAJlJune 30. 1992117848
FORGERY AFFII>A VIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C.UI'V\JJl Vlo..nd....
55.
Before roe, the subscriber, a Notary Public in and for said Commonwealth and County. personally
appeared JULIA P. BRENNEMAN who being hy me dilly sworn according to law. did depose and say:
That silt~ examined the flute aaachcc.l iwrclo ant.l lhat the purported sjgni1tur~ in her name j.; not
her handwriting and was not made by her and was not done with her consent.
That she was not preselll when the person signed her name on said note nor did she receive an)'
henefit therefrom.
Makers:
Dated:
Payee:
Amount:
James N. Brenneman and Julia P. Brenneman
March 24, 1988
Dauphin Deposit Bank and Trust Company
$20,000
Sworn to and subscribed before me this
~l.day of~/{/ ,1992.
/
~rru (!l '1" "Pu.bG<..
Notary Public
NOTARIAL SEAL
SHARON l. PREBLE. NOTARV PUBLIC
lEMOYNE BORa. CUMBERLAND COUNTY
MY COfoOlrsSIOIi EXPIRES MAR. 24, 1994
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DAUPHIN DEPOSIT BANK AND
TRUST COMPANY,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVA-
NIA
,
,
,
Plaintiff
NO. 1493 Civil 1990
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JAMES N. BRENNEMAN and
JULIA P. BRENNEMAN,
Defendants
PARTIAL SATISFACTION
Please mark this judgment "satisfied" as against Defendant Julia P. Brenneman alone.
Nothing herein shall alter or affect the judgment as against Defendant James N. Brenneman.
Date: November 14, 1996
KEEFER, WOOD, ALLEN & RAHAL
BY~
Eugene E. ~Tn ,Jr.
Attorney I.D.#23702
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
(717) 255-8051
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Attorneys for Dauphin Deposit
Bank and Trust Company
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213 MARKET STREET, HAffRISDURQ, PENNSYLVANIA 1710~
717-230-35(;0
CATllc.nINC M OUSII
SENIOR VICE PHESIDENT
a LEGAL COUNSEL
December 9. 1996
Mrs. Julia Brenneman
124 Ho!!y Drive
Mechanicsburg, PA 17055
Dear Mrs. Brenneman:
I am enclosing a copy of the judgment satisfaction which was filed November 15, 1996
in response to your request to Rhoads & Sinon.
At this point I can not explain why it has taken years of effort by you to resolve this issue
without receiving appropriate response from bank counsel. I sincerely apologize for the time
which this has taken. This satisfaction closed the judgment under your name.
Very truly yours,
~u~97r~
CMB/clg
ENCLOSURE
1,\,\lIS N BRENNI:f\\I\N.
Plolintilt
: IN 1111: COURT OF COMMON PLEAS
. CUf\1l1IRL ,;h ,!:-,UNTY. PENNSYL Vt\NI/\
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U\I\ .\ell ,<. "\'.'!,\'
IULI.\ 1', BRI:NNEMt\N.
Deiend,lIlt
: NO. 'JB. ".,
: IN DIVORCI:
PLAINTIFF'S PRE.TRIAL STATEMENT
:\ND NOW. comes Plaintill, James N, Brenneman, by his attorneys, Purcell, Krug &
Haller, arid ;iles the ;ollowing Pre-Trial Statement pursuant to Rule 1920.33(b):
1. LIST OF MARITAL AND NON.MARITAL ASSETS. See Inventory and
:\ppraisenlent of Plaintifi. (Exhibit ''1\'')
2, EXPERT WITNESSES. Ii the parties cannot agree, Plainti;; anticipates calling
expert witnesses regarding the value of the annuity, marital home and ;air market value 0;
marital home, personal property, bank accounts, and other property values,
Plaintill reserves the right to call additional expert witnesses, if needed,
based on Defendant's testimony.
3. FACT WITNESSES. Plaintiff intends to call himself as a fact witness. Plaintiff
reserves the right to call additional witnesses, if needed, based on Defendant's testimony.
4. EXHIBITS. Plaintiff intends to present the following exhibits:
a) Inventory
b) Income & Expense Statement
c) Separation Agreement between parties dated July, 1991
d) Letter to Plaintiff from Pacific Life regarding pension amount
e) t\nnuily Certificate
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I) Nt\!)..\ Vphicle V.1IlH<"
l~) 1--:1'.11 r..;tdtp /\pprrtj...ll, If IH~n~Ss.HV
111 \ \'itp', IR..\ Sl.lIell1ent, .1I1l! other IR..\ l!ocumelllation
II Dduphin Deposit [ldnk Checking Statement
j I Personal Property t\ppraisal, if necessary
Plaintilf reserves the right to present additional exhibits, if needed, based on
additional discovery, Delendant's exhibits and her testimony,
5, INCOME. See Income and Expense Statement of Plaintiif. (Exhibit "B")
6. EXPENSES. See Income and Expense Statement of Plaintifi, (Exhibit "B")
/, RETIREMENT BENEFITS. Husband has a pension with American Stores
Company and receives $248.10 per month beginning on May 1, 1998, Pursuant to
r\greement dated July, 1991 (Exhibit "C"), Wife shall receive one-half (Y2) of that amount
or $124,05 per month.
It is unknown whether or not Defendant has any retirement benefits. It is believed
that Wife cashed in all marital IRA's in her name,
8, COUNSEL FEES. N/A.
9, DISPUTES. The disputes of the parties are anticipated as follows:
a) Husband's entitlement to a divorce;
b) Value of the Plaintiff's Retirement Benefits; and
c) Distribution of personalty.
10. MARITAL DEBT. There may continue to be a mortgage with York Federal.
.'
Exhibit A
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,
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ASSETS OF THJLP_~R'!'..U:..S
Plaintiff marks on the list below thoDe itemD applicable to the
case at bar and itemizes the aDsets on the following pages.
xl 1.
'x) 2.
) 3.
4.
x, 5.
6.
7.
8 .
9.
:x) 10.
) 11.
) 12.
) 13.
14.
) 15.
16.
17.
18.
,x) 19.
20.
) 21.
) 22.
) 23.
,x) 24.
:x) 25.
; ) 26.
Real Property
Motor vehicles
Stocks, bonds, secur~t~es and options
Certificates of deposit
Checking accounts, cash
Savings accounts. money market and savings certificates
Contents of safe deposit boxes
Trusts
Life insurance policies (indicate face value, cash
surrender value and current beneficiaries
Annuities
Gifts
Inheritances
Patents, copyrights. inventions, royalties
Personal property outside the home
Business (list all owners. including percentage of
ownership, and officer/director positions held by a party
with company)
Employment termination benefits.. severance pay, worker's
compensation claim/award
Profit sharing plans
Pension plans (indicate employee contribution and date plan
vests)
Retirement plans, Individual Retirement Accounts
Disability payments
Litigation claims (matured and unmatured)
Military/V.A. benefits
Education benefits
Debts due, including loans, mortgages held
Household furnishings and personalty (include as a total
category and attached itemized list if distribution of such
assets is in dispute)
Other
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06/%3/10 liED 08: ~3 FAX 7176977"7 F
. .. RE\'SISCER
----.---- ----- ------ -
00"0\-'\\
. ' " ",/,Account Statement
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".,., " ,'::"2.13MARI<E,T.;S:rREET .'
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, ,'.':' :.::",' 1'24 ;HOLLV.:OR " ,.,." .
'" ':, ': ;:::;';.',:,',', ;:,:, :::':.': -; MECHA'Nl'CSBURG PA' iH055 , '
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.......****..*..*...****....***.*.***.****************..**.*.**.
0002 TOO A I 1 VR VARIABLE
CURRENT ISSUE MATUR ITV
RATE DATE DATE
7.7500 09/29/86 09/29/90
PREVIOUS
BALANCE
2,121.88
CURRENT
BALANCE
2,161.28
~
AMOUNT
7.7500
39.40
39.39
159.77
DATE
03/02190
TRANSACTION
NEW RATE
INTEREST EARNED
EARNEO 1990
EARNED 1989
I RA INTEREST
IRA INTEREST
*****.*****.***********...************.**.****.*.***..**M*******
TOTAL IRA INT EARNED 1990 39.39
TOTAL IRA INT EARNED 1989 159.77
/-
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This Is 1 'Ietement ollnt lima oopean IfllIrumenl1 I'Ogll'lIl11d atI ahown abovlI and 1he lnhlro,l peld ot .omlld. '~e CLU'nll\l till Inc' shown
does not relleel any lnlerinllorlllltu", required by !ilw should lnerll be 8n ear1y Yl'lthdrllWIII ollund!.
C....h... 1"lruTn.t1on tOQ8rdlng Intetll>:!1
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EBD'SINGER
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PACIFIC LIFE
A r.d'oC MoIfUIl (offIP""
\Oy~
r~
May 8. 1998
PUdl:)N 'folV(STMfHTS
.~~. ~t:.~" r~IJ"J II 'luoIlo/) ~ )1't~P'"
Mr. James N. Brenneman
504.B Lewisberry Rd.
New Cumberland, PA 17070
RE: American Stores Company
Pacific Life Policy 0.25459
Certificate No. 01218 SS# 206.32.4025
Dear Mr. Brenneman:
A check in the amount of$248.l0 is enclosed. This check represents the initial payment for the
month of May. 1998.
Future monthly installments of$248.l0 will be sent to reach your financial institution by ,he first of
each month.
We are pleased to enclosc an 1\nnuity Certificate which guarantees your retirement benef t under the
policy. This certificate replaces any and all certificates previously issued to you.
Based on your taxable benefit amount of $248.1 0, the Wage-Bracket Table indicates federal income
tax withholding is not required.
If you need assistance, call our toll-free nwnbcr 1-800.800-9534. Plcase have your polici and
Certificate numbers available to expedite your inquiry.
Sincerely,
~:t:~J- ~
Customcr SerVice Represcntative" '
CI\ent S.ex;.:.ices
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08/23/99 WFD 08:54 FAX 7178977427
FI!.EYSl NGER
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Qu,f BFFbf2J-1)/r; (JJuif) BE- s;Ltr
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;!:NCOME AND EXPEN~STA1'_EM~~
OF
JAMES BRENNEMAN
Income:
Employer: Freysinqer Pontiac GMC Buick
Address: 6251 Carlisle Pike. Mechanicsburq, PA 17055
Type of work & payroll number: Emp1n: 000062, Dent. 200012
Pay Period (weekly, biweekly. etc.): Bi-weekly
Gross pay per pay period:
Itemized payroll deductions:
Federal Withholding:
State Income Tax:
Medicare:
$989.22
$152.97
$ 57.85
$ 13.83
Social Security: $59.12
WSHRS: $ 9.89
Total Deductions per pay period:
Net Pay Per Pay Period:
$293.66
$695.56
Other Income:
Month1v
Yearly
Interest
Dividends
Pension
Annuity
Social security
Rents
Royalties
Expense Account
Unemployment Camp.
Workmen's Comp.
Tips
Other (Hyundai)
$17,000.00 (gross)
'varies widely from
one year to the next
TOTAL NET INCOME:
$1,507.05
$18,084.60 (plus HyundAi bonus)
C!:edit Ca!:d
Charge ,\ccount
t1lelrbershipz
Loans:
Miscellaneous:
Household Help
Child Care
Memberships
Papers/Books/Magazines
Entertainment
Cable TV
Vacation
Legal Fees
Charitable Contributions
Other Child Support
Spousal Support Payments
Other:
$ 10.83
$ 9.07
$ 130.00
S 41. 67
$377.00
$ 500.00
$4.524.00
TOTAL EXPENSES:
$2,028.93
$24,347.16
EARII/IIOS
REGULAR
BONUS
HOURS
RATE
AMOUIIT
600.00
60.00
EMPLOYER /IIFORMM/OII
FPEYSINGER PONTIAt GMt BUlt'
INC
6211 CARUSlE PI'E
MECHANIC~BURG.PA 110\\
TOTAL EAANINGS 660.00 25111.'."
FILIIIG srATUS TAX TYPE AMOUNT HO AM(tIJNT
SOC SEC 38.27 I' . .04
MEDICARE 8.91 JI~.49
I on '10 FEDERAL 124.33 3917.29
I 00 PA 11.28 694.14
I 00 WlflRS 6.60 217.20
S 00 OPT 0.00 10.00
PAY PEPIOO 12/11/99 TO 12/24/99
~HECK DATE 12/31~HEC' I 14213
--.
PERSONAL INFORMATION
JAMES N BRENNEMAN
1410 TlMBERBROOK OR IVE
HECHANICS8URG PA 17011
. SSI 206-32-4021 EHPlI 000062 OEPTI 200012
TOTAL WITHHOlOINGI
ADJUSTMENTS
191.43
AMOUNT
19.80 -
33.10 -
12.31 -
174.00 -
.BI -
7.11 -
1.20 -
8.44 -
40lK
CAr -/DBL
RETIREMENT
GARN ISH
AOO'LRETIR
EXTRAUFE
VISINCAr
OENTLCAr
TOTAL ADJUSTMENT I
216.B9.
PAYROLLS 8Y PAreIIEX'
0028 7184 0062 200012
NET PAY
207.68
6B31.16
YTD AMOUNT
771.60 -
'i87.14 -
191.82 -
4524.00 .
11.97 -
lilJ.75 -
! 1.08 -
21\1.08 -
11969.69
"!;fIrLr:11 filL
fl.l.!/' Iltl'. dol-.... of .Julv. 1(}91 II', dlld Ip'tv""'.' .I"MI!.
N. UflLNNLMI\N (hu"I)dlleJ) <""I JULI" 1'. UflLNNLMI\N (vn',,',
H!..!!'L~~~~~1 t.tllol p~lrtlf;15. lH.!ing hUGbdl1U illld wIfE'. h,av1o'
Sepdl ated and dE:.'~il-e to n1.3kE.1 .:in .--Igl-eemr:ant ~H?l tdlllll1q to
thplr pl-o~erty anel olhp\- mattel-~
ti~_tt!.!...2_i!.!:Irf?(:amp-nl: wi trll~s'Sr::.llh lha t thl.:' pi.W t J f:.",", i1LI, f:lln-
fUI-e ..1nd in consideration of the mutual c;ovenanl':io t1(?I-eill
conlained and inlL1ndilllj to be IE'CJdlly UCJLHIU hf:c'l-pb',_. .HJI"UU 01':.
fol]ow~:
1 )
Husl)and agl-ees to gr~nt and convey '.Pcll estdle
124 Holly Drive, Mectldl,icsburg, Pennsylvdl"lia tu
known ,,1'5
\'Ji fee
2)
'.IE.111 Ie 1 e<;;
Husband agl-ees
to wi Fe:
1987 Cadi I101c
1985 Dodge
1980 Pl'{muuth
to
tl-al1sfe,-
titlf.l tu the fulluL'J!l1q
3) Husband dgl"eeS to ass 19n and
half of his l-iyhl, title and interest
I-etiremellt fUlld wi th Acme '"Iarkets.
set UV01- tu WI Ie UI'I~
In tllS penSion und/Ul-
4) TtlE' hou~::;ehold effects in the home at 12.'. Holly
01- i '.,IE' sha 11 be the 50 Ie pl-oper t'l of wi feo excE.'p t. f(Jl l:t1e
following items which shall be the sole property of tlusbal-ld:
Par tab 1 e Tele'.! i 5 i all -c- oJ.)t!" u.c.J~o ~ C-.Ai,?V;:JjJ'..Ctr,,' \
A 11 husband' 5 cia th i ng and persona 1 i tems .=:~ .,....l.::""(,(t~!~O
All guns - ;-i.J'hl/f/{.?- a:r:ptOf'I,....- /O.07,C/,/ 0;:'- to"x' _';" ,_ 0
Pictures of husband's family and the right to
copies of photos of .hu5ban,~ wife and ddughter-.
~' (//L7~or;JI~i!;-S; --p ,)-(""'J:';;'/),~/:"'I'':.~.'
5) The deed and vehicle titles shall be executed allC!
del ivered b'{ husband upon e:<ec..:ution of this aCjreeme'll.;. It
is undp-l-st:ood the docum(~nts necessary for assiqnm€'nt clf the
Acme Markets l-etiremel'lt/pension benefits will be rorwdrde~
by Acme allct will be execllted, acknowledged and delivE'l"ed by
husband upon request by wife.
.......,. .. "
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6)
Rights
hf:reby
wdivel-
o thel-.
This agl-eement is not an all inclusi.....e settlement.
not specifically included herein shall be Ul"laff'ected
and llothirlg h8rein contained shall be CUllstl"Ued as Q
of dllY othel- I-ights a pal-t'! ma,! have against the
-1-
III I.'Jltnf-lS~:' wtl(.lreuf lht'" pol-t.IP'::; hd'.tP '-.F'~ thL'l'. h'lllc.l dllU
se~II ttle day above written.
WIt l1(.lsses:
-------._-._--~._--~--_.-._--.-
James r~. Urellnem~ll
1, ("
~r)J /(/. I
- !JUJ.....c:-t<./A-.-. -
~-- . 'oj
C }hl)C-L~/.J "';/>01>/)
~P. Brenneman
COMMONWEALTH OF PENNSYLVANIA
55
COUNTY OF CUMBERLAND
On this, the day of July, 1991, before me, d
Notary Public, the undersigned officer, per'sonally appeared
JAMES N. BRENNEMAN and JULIA P. BRENNEMAN, known to me (0'"
satisfactorily proven) to be the persons whose Ilames are
~ubscribed to the within instrument, and dck'lowledged that
they executed the sa~e for the purpose therein contained.
II'J loJ I TloJE5S WHEREOF,
Nott:)!"" ial seal.
have hel-eun to se t my hanu and
-2-
CERTIFICATE OF SERVICE
I, ,\NeELA S, [,\ ION, an ell1ployee ollhe law linll 01 Purcdl, "l'lIg K 11.IIII'r,
counsel for Plaintiff, hereby cerlify thai service of the PI.linlill's Pn!-I rial Slatl!lIlellt was
11l;1Cil~ upollthe following hy placill!: a copy of 5.11111' ill the IJlliled SI.III's Mdil, firsl CI,I55
Illail, postage prepaid, Dauphill Coullly, Pelll1Sylvallia, 011 JIIIII! 12,2000.
Philip 1-1, Spare, Esquire
SlIelbaker, I3rellllel11.1I1 &. Spare
44 Wesl Main Slreet
Mechanicsburg, PA 17055
Attorney for Defendanl
Mr. Rouert Elicker, II, [squire
Office of Ihe Divorce Master
131h North Hanover Streel
Carlrle, PA t 70 13
I I< I r, \
, \ \ \1 I 'I
r I
( C;:'l\
'J Angeln S: Ealon
Ilw li.I/olI illg material wrr,"polub h) paragraph de"igll"tilln in aCeord""ee II ilh IlK'
IL~,I'~_U',~lFt\ [1'-,-:RSI'M': III) P"IU 'I' 111~Il,l1lh)
sy'lemofPa.R.l'.I'. 1'I~(J.ll(h):
(I)
USU1L!,\ssns
Grantcd and con""yed 10 \\'ile pursuanl10 Ihe AugusI 2-1. 1'1'12
Agreement.
I
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(I) ~larilal assels
(a) Marilal residence al 12-1 I lolly Drive. Mechanic,hurg. Pennsylvania,
Value: to he appraised as nceded,
(b) Household goods. Illrnishillgs. miscellaneous tangihle personal properly,
ele,
c, Molor vehiclcs:
1
I
Value: 10 he identilied and appraised as needed.
(d) & (e)
lntangihle personal properly:
1. Southland Corporation/ 7-1 I Store Franchises. one in Ilusband's name
only: one in the names of Ilusband and Wife,
2. Bank aceounts - Dauphin Deposit checking aeeounl No. 17575265.
Balance diflicult to determine due to alteralion of bank statcments.
3. Prudential and American General Life insurance policies with
Husband as the insured. Nccd to obtain value from Husband,
LAW OFFICI:S
SNELBAKER.
BRENNEMAN
Be SPARE
4. Savings lor daughter's college expenses taken and presumably spent
by Husband.
5, Husband's lRAs to be identified and valued
2
(" Wile's IIt.\s III I,.. hkl1lili~d alld I.lilll'd,
(i I) Non-marital ass~ts in poss~ssion or l>c1i:ndanl:
Tangihl~ and illlangihl~ p~rsol1al prop~r1y a~~umulal~d sil1~~ dal~ or
s~paration to h~ d~l~rmin~d ,md ~ompikd as n~~d~d.
(2) IDENTIFICi\TIOI\: OF I'XPERT WITNESSI'S
n~~d~d.
Non~ at this tim~, Dclendalll r~s~rvcs th~ right to call oth~r ~xp~rt \\ilncss~s as
(3) IDENTIFICi\TION OF OTIIER WITNESSES
Dclendalll's only non-~xp~rt witn~ss at this tim~ is h~rsclJ: 110\\'l:vcr. D~lendallt r~s~rv~s
thc right to call othcr witncsscs as nccdcd dcpcnding upon Plaintil'l's Prclrial Statcmcnt and his
position as to thc cxistcncc and valuc of marital asscts and dcbts.
(4) LIST OF EXHIBITS
PlaintilTproposcs to producc at trial thc lilllowing cxhibits idcntificd as DclendaJ1l's
Exhibits by thc abbrcviation "DX". Copics ofthc following cxhibits arc attachcd to this
statcmcnt:
DX-I i\grccmcJ1l orthc partics datcd i\ugust24. 1992 (2 pp,)
DX-2 "Spousal Waivcr" limn sigllcd hy Jamcs N, Brcnncmall datcd 4/28/98
misrcprcscJ1ling his marital status. (I p,)
DX-3 ""Bcncliciary Dcsignation" form signcd by Jamcs N, Brcnncman datcd 4/28/98
dcsignating pcrsons othcr than his spousc as bcncficiary without his spousc's conscnt. Includcs a
pagc indicating that hc e1cctcd ""Lifc with 60 Guarantccd Paymcnts" as his lilrm of annuity. again
without his spousc's conscnt.(2 pp,)
LAw OFFICES
SNELBAKER,
BRENNEMAN
8: SPARE
DX-4 Dauphin Dcpositl3ank Statcmcnt datcd 11/2/90. (I p,) It is Wifc's position that
Husband had a history ofaltcring bank statcmcnts to falsify thc amounts inthc accounts, Othcr
bank statcmcnts may nccd to bc introduccd,
3
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'1;
1101 ~lf\IWf\I./)Ull
(OIl I>clcndant paid $'1.000.00 10 Southhmd Corporation in I'll)(, :lS a result of
colleclion cfli'rls inlhc case of Southland Corporal ion \.s. James N,
Brcnncman and Julia 1', Brcnncman docketed to No.X] I Civil Il)l):! inlhe
('ourl of ('ommon Pleas of Cumherl:md County. Pennsylv:mia,
(h) Iklcndant paid taxes 10 the Intcrnal Revenuc Scrvice inlhe early l'Il)()'s as a
rcsult of Ilushand's I"ilurc to do so, Amount to hc dClcrmincd.
Ic) ,\Iorlg:tge ag:linsl I:!-I 1 lol/y Dri\c held hy York I:cdcral wilh an approximatc
prindpal halam:c of S 17.500 10 S I X.OOO as of Ihc datc of scparalion,
(d) Sccond morlgagc againsl 124 I lolly Drive held hy Dauphin Dcposit. rccordcd
in Morlgagc Book X27.Pagc 1-12. was a rcsult ofWilc" namc heing Illrgcd on
the loan documcnls, This morlgagc was rcmoved as a lien againstthc marital
homc aticr ycars of diligcnt crtl>rls by Wilc.
(e) Collcclion cfforts by Pcnnsylvania AHorncy Gcncral's oflicc for monies from
sale oflottcry tickcls.
(I I) PROPOSED RESOLliTION OF ECONOMIC [SSUE~
Without aceuralc and complele information conccrning lhc marital propcrly and
dcht. Wile cannot propose a rcsolution ofthc cconomic issucs.
Rcspcctfully SubmiHed.
. , NEMAN & SPARE, P. C.
By:
7
Phili H. Spare, Esquire
44 W, Main Slrect
Mechanicsburg, P A 17055
(717) 697-8528
Attorneys for Defendant
Julia p, Brcnncman
5
LAW OFFICES
SNELBAKER.
BRENNEMAN
8: SPARE
)ale; Junc 12.2000
AGREEMENT
'~il~
Made this017 day of August, 1992, by and between
JAMES N. BRENNEMAN (husband) and JULIA P. BRENNEMAN (wife).
Whereas, the parties, being husband and wife, have
separated and desire to make an agreement pertaining to
their property and other matters.
Now this aareement witnesseth that the parties
heretofore and in consideration of the mutual covenants
herein contained and intending to be lp~ally bound hereby,
agree as follows:
1 )
known as
wife.
Husband agrees to grant and convey real estate
124 Holly Drive, Mechanicsburg, PennsYlvania to
2) Husband agrees to transfer title to the 1967
Cadillac to wife.
3) Husband agrees to assign and set over to wife
one-half of his right, title and interest in his pension
and/or retirement fund with Acme Markets.
4) The household effects in the home at 124 Holly
Drive shall be the sole property of wife except f6r the
fOllowing items which shall be the property of husband:
~ Portable Television
VCR
All husbands clothing and personal items
Guns
Pictures of husband's family and the right to copies of
photos of husband, wife and daughter.
5) It is understood the documents necessary for
assignment of the Acme Markets retirement/pension benefits
will be forwarded by Acme and will be executed, acknowledged
and delivered by husband upon request by wife.
6) This agreement is not an all inclusive settlement.
Rights not specifically included herein shall be unaffected
hereby and nothing herein contained shall be construed as a
waiver of any other rights a party may have against the
other.
In witness whereof the parties have set their hand and
seal the day above written.
DX-l (1 of 2)
2
/
COMMONWEALTH OF PENNSYLVANIA )
:SS
COUNTY OF CUMBERLAND )
On this, the c5?lf~ay of August, 1992, before me, a
Notary Public, the undersigned officer, personally appeared
JAMES N. BRENNEMAN and JULIA P. BRENNEMAN, l<nown to me (or
satisfactorily proven) to be the person whose names are
subscribed to the within instrument, and acknowledged that
they executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set by hand and
Notorial seal.
~) ~L:k_
. rmARIAl SfAl ....j
~!Rr J. HUHT!R. HOT^~Y PUDllr.
HTll ellRO. CL>lB!RlANO COtIHTY
HY COItIISSIOH EXPTRES HAY 20. 1996
DX-) (2 of 2)
SI'OIISA" WAIVER
In accordance with thc Rctircmcnt Equit)' Act of )lJX.J (R!:'\) this must he signcd and witnesscd"
stating you arc. in f;lct. unmarricd,
1><1 I am not marrkd.
~I ~ /'1.
Signatur<~ '11.
NOTARIAL SEA'-
BRiAN 0, HUMBL~. "",1', Punile
Ha'i'1l'Jln TI'f~l Curn~;'II.lr.<J Qunt/
/I.2!!Y1Vs~'i3 ~o . &Q6
Date
1f/7-t/1 t
I I
~...,
Date 4h~ /ot9;
Witness ·
Or
.Notc: Vvi!ncss mUSl hc an Authorized Plan Rcprcsentatil'c or thc form must bc notarized by a
Notary Public and stamped with thcir seal within '10 dnys of thc clcctcd rctiremcnt datc.
EMPLOYMENT TERMINATION STATEMENT
I hereby make application to receive my retirement bencfits undcr the above contract.
I certify that I have terminated my employment and completed :J- ~ years of service from
/iC~r- /f/A12!<i: /5 /;i.J ('. . its successors and/or affiliates.
(name of company through which this annuity was earned)
S;g'''=rf-~7! ~
Date: 1J;1 )-y, / q f{
I I
Date of Hire: 11/5/5'[1
Date ofTermination: ijl'2-!rz..
I.'
DX-2
PenSion Investments, Client Services
To process your retirel1lellt benefit youl1lust:
. Elect one of the benefit options indicated
· Complete the Spousal Waiver portion oflhis Icttcr and have it notmized
. Complete the lower portion of this page
· Provide a copy of proof of your age, date of birth l1lust be Icgiblc (guidelines enclosed)
· Complete and return the enclosed tax withholding fonn
. Complete the l3encficiary Designation. ifapplicablc
. Complete the Employment Termination Statcmcnt
. Completc the Direct Deposit Agrcement
· Provide a copy of your social security card
Date of Birth: )0 /;1 /If 7-
.I /
Date of Employment Termination: 5j; 2./8;2..
,; I
Social Security No.: ;;}J) 6. 3 ,7 -It-o :;"'5
Address: 5()L;.-B Lw.//SINF-I.t/ pjJ.
I
_/1/ E'/I1.J Ct{ YI1I7IDe U/'I/7 1/4. / '7(') 7()
, '
Telephone
#(7/1 t:26.,; - 51!;?;}.....
/1:-P C;/J~.'7;?/'1 COI 54:1--5
Gl4,(JP..AN"lew {A;ymlD/7<:;'
Form of Annuity Elected:
L/FF' WITH 6 ()
Policy G-25459
Statement 01218
(j~4115/\p~--
SIgnature
it/2--11 ;(
I Date
~:
DX-3 (2 of 2)
P!:!nsiOI\ Inve!lmenls, CUen! SeNices
D Dauphin Deposit Bank,
/ ~ ~!...t '.~
:.l ~~
..
. B . 14 CY 2 35
JAMES N!BR~NNEMAN
OR JULIA P BRENNEMAN
124 HOLLY OR
MECHANICSBURG PA 17055
C ALL
17575265 11/02/90
2407
'ol,Ct ',0 1
110/02190
I ~~)t.;.r'~."'~"':E
TAX 10 206-32-4025
CURRENT RATE 4.500
ACCO\.IN1 ACCOUNT NUMBER PREVIOUS BALANCE CREDITS OEBITS STATEMENT
o,t. ~jU/,lIU "'MOU~H tlUMU' M"OU~lI BALANCE
I
SUP 17-57526-5 54178 4 156849 16 . i 48?S?
162745'
I
I
ACCOUNT ACTIVITY
* SUP * * * * SUPER NOW ACCOUNT 17-57526-5 * * * * * *
C H E C K S C H E C K S C H E C K S
DATE t AMOUNT DATE ;'I AMOUNT DATE ;'I AMOUNT
10/10 2156 31.28 10/29 2161 52.60 10/23 2167 50.00
10/09 2157 70.00 10/16 2162 38.71 10/31 2168 433.50
10/15 2158 12.87 10/18 2164 239.30 11102 2169 22.00
10/25 2159 196.00 10/26 2165 21.30 11/01 2172 145.09
10/16 2160 13.80 11102 2166 15.00
10/18 ADVANCE ON E-Z CREDIT LINE 200.00+
10/18 AMERICAN GENERAL INS PAYMT 276.00-
10/23 DEPOSIT 500.00+
10/29 DEPOSIT 867.00+
11/02 INTEREST PAID FOR 31 DAYS 1.49+
11/02 SVC CHG-BAL 59.82 ON 10-18 10.00-
INTEREST TO DATE FOR 1990 53.35
DX-4
FOR ALL YOUR CREDIT NEEDS - WE'RE HERE TO HELP.
--
(i} Pmdenflal
.....
The ?rudenl ial I nsuranee
Company of Ameriea
Eastern Home Offiee
P .0. Box 388
Fort Washington, 'PA 19034
Conlract Number
Contrect Deta
Contrect Summary lor
080 924 98)
Sep 10, 1985
JAMES N BRENNEMAN
STATEMENT OF CONTRACT COST AND BENEFIT INFORMATION
Besic Contract on the Llle 01 JAMES N BRENNEMAN
MALE 42
The fallowing values are based on the basie eontract which has been
requested, known as Life Paid-Up At 85.
The guaranteed amount payable upon death 01 Insured is 512,000.
Annual++ Premiums are 5294.60 each,
Changing after 23 years to $278.64 each,
Ceasing after 43 years, or at prior death of the Insured.
Guaranteed Cash Values, Illustrated Cash Oividends*. and Termination
oividends# are listed in the fol lowing partial schedule:
CONTRACT GUARANTEED CASH TERM I NAT I ON
YEAR CASH VALUE OIVloENo* OIVIOEND#
I 50,00 50,00 50.00
2 5149.88 50.00 50.00
3 5329.76 $27.36 50.00
4 5516.24 $36.84 50.00
5 5709.20 546.68 50.00
10 51,781.04 598.88 5120.00
20 54,479.24 5433.44 5420.00
AGE 60 53,872.52 5361.20 5360.00
AGE 65 55,227.08 5545.40 5420.00
Any cash val ue shown for a contract year pertains to the end of that
year. Any cash value shown for an age pertains to the contract
anniversary on which the Insured has attained that age.
Indexes** per 51000
10 Years
20 Years
1
!
f
Life Insurance Surrender Cost Index**:
life Insurance Net Payment Cost Index**:
Total of Equivalent Level Annual
oividend+ and Termination Dividend#:
57.64
519.64
54.34
51.21
512.97
511 .26
The cost indexes in this statement are calculated using 5% interest,
in accordance with the Disclosure Regulation adopted by the Insurance
Department of Pennsylvania. Indexes contained herein are only
I:
CONTINUED ON NEXT PAGE
DX-5 (I of 2)
..
~MERICAN GENERAL LIFE INSURANCE COMPANY
ANNUAL POLICY STATEMENT
...FOR THE PERIOO FROM 07-14-88 TO 07-14-89
'.__ I
, ~ttA I AMERICAN
i ~i~ i GENERAL
POLICYOWllER
JAMES II BRENllEMAN
124 HOLLY DR
MECHANICS8URG,PA 17055
THE INSURANCE PLAN
POLlCY NUMBER B10048857L, INSURltlG JAMES II BREllllEMAN
IS AN ESTATE MASTER 2 (UllIVERSAL LIFE) PLAN. THE POLICY WAS ISSUED
011 07-14-88 AIlD WILL MATURE 011 07-14-37. THE INSURED WAS
46 YEARS OLD 011 THE DATE OF ISSUE.
THE SPECIFIED AMOUNT OF ItlSURAllCE IS $75,000.00. THE
POLlCY HAS A LEVEL DEATH BEIlEFIT OPTIOll. THE CURREtlT
DEATH BENEFIT JS $75.000.00. THE ACTUAL BENEFIT PAYABl.E WILL BE
THE DEATH BENEFIT AMO~NT REDUCED BY AllY OUTSTAllDING LOAN.
FINANCIAL FACTS ABOUT THE PLAN
THE PLANNED PERIODIC PREMIUM IS $276.00 PAYABLE MONTHLY.
THE TOTAL PREMIUM RECEIVED FOR THIS PERIOD WAS $3,588.00.
THE COST OF INSURAllCE WAS $386.85. ADMIIlISTRATIVE FEES
AND CHARGES WERE $209.40.
THIS POLICY YEAR'S VALUES ARE. ACCUMULATIOIl VALUE - $3,119.03,
CASH VALUE - $1,971.53, AllD SURREllDER VALUE - $1,971.53.
INTEREST IS CREDITED TO THE ACCUMULAr~OIl VALUES BASED ON THE ANllUAL RATE OF
INTEREST IN EFFECT WHEN A PAYMENT IS RECEIVED. THE GUARANTEED MINIMUM INTEREST
RATE IS 4.5 %. IlEW DEPOSITS CURRENTLY RECEIVF A COMPETITIVE MARKET RATE OF
8.70 %. RATES APPLICABLE TO PRIOR DEPOSITS ARE OUTLIIlED IN THE ATTACHED
SCHEDULE. INTEREST RATES CREDITED TO THE ACCUMULATION VALUE COULD REMAIN IN
EFFECT FOR A PERIOD OF UP TO THREE YEARS. THE TOTAL INTEREST CREDITED FOR THIS
STATEMENT PERIOD WAS $127.28.
IN THE EVENT OF A LOAN, AN ACCUMULATION VALUE AMOUNT EQUAL TO THE LOAN
BALANCE WILL EARN INTEREST AT AN ANNUAL RATE OF 6.00 %, WHILE THE REMAINING
ACC:'::.1:':~;'T:::m; 'JALU:; rJrLL EAR:'~ Ii..iC.i\C:'T i"1T A Ci:m:=:::j!i~'VC: i'~rli\i\'C:';' RATE.
LOAN/WITHDRAWAL ACTIVITY
YOUR POLICY HAD NO OUTSTANDING BALANCE.
YOUR POLICY HAD NO SURRENDER/WITHDRAWAL ACTIVITY.
FOR MORE INFORMATION ... PLEASE CALL OR WRITE
YOUR SERVICING AGENT OR THE COMPANY,
FRANK L HATLER AMERICAN GENERAL LIFE INS. CO.
4534 WORNALL RD P.O. BOX 1931
KANSAS CITY MO 64111 HOUSTON, TX 77251
PHONE . - (816) 753-4390 PHONE . - (713) 831-3170
AGENT/AGENCY ID . - 000B004345/D6611
07-16-89
LC998
DX-S (2 of 2)
.
,
Food Employers Labor Relations Associatio'
and United Food & Commercial Worker
J1' ,('\ ro , ......
1'\"'.:J~'.II::e2
Pension Fund
ec:~.j':""::-'r
PlA~S
~ 43cli5>>'lll~I"i\fi!N flol..
LANDOVER. MAn.... r - "n~~
PHON!: (301) 4'9-3020
J;')~,~... --:
..........- -. 0' ~__~
841 SI YOItK ROAD
BAt.TIMOItI. MAIt'fLAND 21212
Tnr..HONI: 837.0600
August 18, 1982
Mr. James Brenneman
C/O Hr. Joseph Lair
Hr. Brenneman:
Our records indicate that you are eligible for a Deferred
Vested Pension payable to you when you reach age 60. According
to our records you had 7 1l/l2 yrs. FT and 2 9/l2 yrs. PI'
credited service upon teDnination and the benefit level was
$13.00 FT and $9.00 PI' . The aJ1l:lW1t of
your Deferred Vested Pension has been calculated as $127.67
To make application for benefits you should contact this
office two mnths in advance of your designated effective date.
This statement is not a guarantee of any amounts paYable
upon retirement. It is an estimate based on information current-
ly available at the Fund office.
This information is subject to verification at the time you
apply for pension. Actual benefit amounts are based upon Plan
provisions and subject to approval of the Board of Trustees.
C';"''''t=)vool.,
-_0__- __~,
Pension Department
cc: Hr. Joseph Lair
Kindly forward this letter to Hr. Brenneman.
DX-6
@>f30(!J
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.,
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YFRIIJ( AjJOI'.!
I \\'ril)'lhallhc slalcmcnls madc inlhc li,rcgoing Prc.Trial Slalclll\'1l1 arc Iruc
and corr\'cl.
lundcrsl:lI1d Ihallillsc slalcmcllls hcrcin arc madc suhjccllo Ih\. I'cnallics of IS
I'a, C. S, Scclion .jl)().j rc/ming 10 unsworn lillsilicmionlo aUlhorilics,
Dillc: Junc t'^.. ':WOO
,'~{;;f;~/}~i;;~df:iJ'!~~/)N'lL'/'
'/
L
('I:KIIII( 'ATJ-!n:SIKYI(T
I. 1'1111.11' II. SI'/\RI',I'S!)1 'IRE. hcrchy <:<:rtiry that I hale. Olllh,' heloll date.
<:aused a true aud <:orre<:t copy orthe f(lregoiug I'ra<:dpe to he serwd uponth,' persons ,lIId
in the manner indkated hdow:
FIRST CLi\SS i\IAII.cJ>()STt\(jl: I'RI'I'AIIl. AIlIlRI'SSI:1l AS F()I.IJ)\\'~
1'. Rohert ElideI'. II. Esquire
Oflke or Ihe Dimr<:e Master
9 North Ilanowr Street
Carlisk, J> i\ 171113
NidlOk M, Staky O'(jorman, Esquire
Pureell. Krug & Ilaller
171'l North Front Street
lIarrishurg. I'i\ 1711l2-2J92
2,1f:~[~
Snelbaker. Brenneman & Spare. I',C,
44 \Y. Main Street
1',0, Box J 18
Mechani<:sburg, I' A 17055
(717) 697-8528
Attorneys for Dclcndant
Julia 1'. Brenneman
Date: June 12.2000
.
Exoenses:
Home,
Mortgage
Maintenance
Association Fees
Utilities:
Electric
Gas
oil
Telephone
Water
Sewer/trash
Other:
Garbage
Coal
Emolovrnent:
Public Transportation
Lunch
Taxes,
Real Estate I eser-owed I
Personal Property
Income (in <l.ddition to withholding)
Insurance,
Homeowners
Automobile
Life
Accident
Health
Other
Vision
Dental
Automobile:
Payments
Fuel
Repairs
Medical,
Doctor
Dentist
Orthodontist
Hospital
Medicine - blood pressure
Special Needs (glasses,
braces, etc.)
Personal,
Clothing
Food
Barber/Hairdresser
Credit Payments
Monthly
Yearl y
$533.00
..
$ 64.00
$ 80.00
$ 29.95
$ 15.00
$ 37.75
t
it
,.
$ 40.00
$208.33
$2.500.00
.$ 7.50
$ 79.17
$ 14.91
$ 90.00
$ 950.00
)
.1
,
$ 2.58
$ 17.50
~
$ 31. 00
$ 210.00
$264.00
$ 40.00
$ 12.50
)
~.
.
.
$ 6.67
'"
.~
I- I
~: "
~! ..'
;1'
iF
) ; ~:
,
,I
I
I
$ 80.00
$ 50.00
$ 80.00
$ 7.50
$ 90.00
~.
Credit Card
Chal"ge Account
Memberships
Loans:
Miscellaneous:
Household Help
Child Care
Memberships
Papers/Books/Magazines
Entertainment
Cable TV
vacation
Legal Fees
Charitable Contributions
Other Child Support
Spollsal Support Payments
!; 10.83
$ 130.00
$ 9.07
$ 41.67
$377.00
$ 500.00
$4.524.00
Other:
:rOTAL EXPENSES:
$2.028.93
$24.347.16
.
....
PRQl:!iliTY mlUEIJ
(Jf'ncl'iptioll
()......,IiI.1 ::lllp
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II
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Stockn/Ilolldn
Heal Efltdte
OLlwr
,.
..'
...
.,
...
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C\)ve 1: .J(JC:'
II ~I C
Hospital
Bl ue Cross
Other
Medical
Blue Shield
Other
Health/Accident
Disabi 11 ty/ Income
Dental
Other
I, , verify that the facts L: ,t
forth in the foregoing Income and Expense form, including all
attachments thereto, are true and correct to the best of illY
knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification to authorities.
Date:
(' '
\ ()/'
7~~_j.. I/.
'~"--'-O"''''~- '-
EARNINOS
RECULAR
BONUS
HOURS
RATE
AMOUNT
600.00
6U.00
-
-
YTO AMOUNT
EMPLOYER INFORMA T/ON
rREISINOIII PONTlAl CMC 8UIlK
INC
62~1 CARL ISLE PIKE
MECllANIl\8URG,PA 170~~
lOlAl EARNINGI 660.00 lSll',,(.'1
FILING STATUS TAX TYPE AMOUNT YTO AMlIlJNT
10C ILC lO.n I', .'.04
MEDICARE 0.9\ j~'J."9
I 00 f!,O fEDERAL 11~. JJ 19/7 . 79
\ 00 PA II.L8 b9~.I~
I 00 WIIIRI 6.60 1~7.70
I 00 OPT 0.00 10.00
PAl PEPIOO 12/11/99 TO 12/14/99
/ CHECK IJATE l2/ll/99 ~,cHEtK' 142~l
.....---'
----
PERSONAL INFOifMATION
JAMES N 8RENNEMAN
1450 f1MBER8ROOK CflIVE
MECHANICIBURG PA 170~~
. 55' 206-l2-402~ EMPL' 00006Z OEPT, ZOOOIZ
TOTAL WITtIfIOLOINGS
ADJUSTMENTS
19\.~3
AMOUNT
40lK
CAr -IOBL
RETIREMENr
GARN IIH
AOO'LRETlR
EXTRALlFE
VIIINCAF
OENTLCAF
19.80 '
33.10 '
IZ.3\ -
174.00 -
.8\ -
7.1~ -
I.ZO -
8.~4 -
TOTAL ADJUSTMENTS
ZI6.89-
PAYROllS SY PAYCHEX.'
00Z8 7184 006Z ZOOOIZ
NET PAV
Z07.68
68l~.16
Y70 AMOUNT
771.60 -
('81.~4 -
1~1.8Z _
4~;".OO w
)!J.97 -
1711.71 -
.1I,08 -
110.08 -
11969.69
CERTIFICATE OF SERVICE
I, I\NGH/\ S, [A TON, an elllplo\'(>{' olllw law linll or Purc{'II. Krug ,'\, 11,llb.
counsellor Plainti", hereby certily that service oltlw PlaintiH's Incollle (I, Expl!l1Se
Statelllent was lIIade upon the lollowing by placing ,I copy 01 sallie in the Uniled Slales
Mail, lirsl class lIIail, postage prepaid, Dauphin Counly, Pennsylvania, on June 12,2000.
Philip H, Spare, Esquire
Snelbaker, Brennel1lan & Spare
44 West Main Street
Mechanics!Jurg, PA/70SS
Attorney lor Delendanl
Mr, Robert Elicker, II, Esquire
Ollice ollhe Divorce Master
13'" North Hanover Streel
Carlisle, PA 17013
I
,
'\
(W-~
I I , /) I;, /i
Angeli S. Ealon
[ -I' "
' I
'I
\ '
~....
JIIM(o;S N. BH":NNI-:~li\N,
I'I.AI N'1'll"F
I N Till-: COUH'I' lW CON~IUN I'I.E/,S
ClI~IIlI:Hl.iINIJ Co., 1'1.;Nt'I:;YI.VAN J II
v.
CIVIl. ACTION - I.AW
JULiA 1'. BHI-:NNI-:MAN,
/J ":FENIJIIN'I'
Nfl. 'J U ..lJ 71J 'J C I V I I.
IN IJIVoHCE
INVENTORY
OF
JAMES BRENNEMAN
Plaintiff files the following Inventory o[ all propel"ty owned or
possessed by either party at the time this action was commenced ..md
all property transferred within the preceding three years.
Plaintiff verifies that the statements made in this inventory
are true and correct. Plaintiff understands that false statements
herein are made subject to the penalties of 18 Pa. C.S. Section ,1904
relating to unsworn falsification to authorities.
l"...{! A~~~~.v,~,-<".
U .
ASSETS OF THE PARTIES
Plaintiff marks on the list below those items applicable to the
case at bar and itemizes the assets on the following pages.
(x) 1.
(x) 2.
( ) 3.
( ) 4.
(x) 5.
( ) 6.
( ) 7.
( ) 8.
( ) 9.
(x) 10.
( ) 11.
( ) 12.
( ) 13 .
( ) 14 .
( ) 15.
16.
17.
18.
(x) 19.
( ) 20.
( ) 2l.
( ) 22.
( ) 23.
(x) 24.
(x) 25.
( ) 26.
Real Property
Motor vehicles
Stocks, bonds, securities and options
Certificates of deposit
Checking accounts, cash
Savings accounts. money market and savings certificates
Contents of safe deposit boxes
Trusts
Life insurance policies (indicate face value, cash
surrender value and current beneficiaries
Annuities
Gifts
Inheri tances
Patents, copyrights, inventions. royalties
Personal property outside the home
Business (list all owners, including percentage of
ownership, and Officer/director positions held by a party
with company)
Employment termination benefits - severance pay. worker's
compensation claim/award
Profit sharing plans
Pension plans (indicate employee contribution and date plan
vests)
Retirement plans, Individual Retirement Accounts
Disability payments
Litigation claims (matured and unmatured)
Military/V.A. benefits
Education benefits
Debts due, including loans, mortgages held
Household furnishings and personalty (include as a total
category and attached itemized list if distribution of such
assets is in dispute)
Other
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0002 TOO A I J YR VARIABLE
CURRENT ISSUE MATURITY
RATE DATE DATE
7.7500 09/29/86 09/29/90
PREVIOUS
BALANCE
2,121.88
CURRENT
BALANCE
2,161.28
~
DATE
03/02/90
TRANSACTION
NEW RATE
INTEREST EARNED
EARNED 1990
EARNED 1989
AMOUNT
7.7500
39.40
39.39
159.77
IRA INTEREST
IRA INTEREST
*************~**************************************************
TOTAL IRA INT EARNED 1990 39.39
TOTAL IRA INT EARNED 1989 159.77
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JAMES N. BRENNEMAN,
plaintiff
III TilE couwr OF COMMON PLEAS
Cur~Br:RLA11D COUNTY. PENNSYLVANIA
vn.
NO . 98 G 7 0 ')
JULIA P. BRENNEMAN,
Defend<Jnt
CIVIL ACTION
IN DIVORCE
LMl
PRAECIPE TO WITHDRAW APPEARANCE
TO THE PROTHONOTARY:
Please withdraw the appearance of the undersigned as
counsel for the Plaintiff. James N. Brenneman.
Dated: October~, 2000
c,/
_'~ dLt~.,-,;:~[ b=+ett
Anthony T. Beth, Esquire
407 North F t Street
Harrisburg, 17101
(717) 238-3686
Supreme Court 10# 53729
~ JJ~.llLli':"\U:J1L~!JiY!(T
',1'1111./1' II. SPAR I.:. ES<)llfRI':. herd>) ccrlil)" that f have on the hcloll date. caused a
true ,md correct ,OP) of the Illregoing Petition to he served upon the person .md in the manner
indic.lted beloll:
!l!L'i,T CLASS ~I:\II., I'OSTM/I': I'RI:I'AID. ADDRESSED AS FOI.I.O\\'S:
Nicole M. Stale) O'Gorman Esquire
Purcell. Krug & Ilaller
1719 North Front Street
Ilarrishurg, 1':\ 171()~-~)f)~
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SNELBAKER, BRENNEMAN & SPARE, 1'. C.
44 W, Main Street
p, 0, Box 318
Mechanicsburg, P A 17055
(717) 697.8528
Attorneys lor Defendant
Julia p, Brenneman
Date: January 2, 200 I
....
\'EIUFI<''\TIOi'o:
Il'Cri IY thatth~ slal~m~llts Ill:ld~ illlh~ I(H~g(lillg P~lilillll ar~ lru~ alld Cllrr~cl. I
und~rstand Ihal bls~ slal~m~nts h~rdn ar~ mad~ suh.ic~llll Ih~ r~nalti~s or I X Pa.es. Sc~lillll
-1'10'1 relating IIlUIlS\\ol'l1lidsilicalillnlll aUlhllrili~s.
Dal~: D~ccmh~r 29. 2000
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K Robert Elicker, II. Esquire
!J /l:orth Hanover Street
Carlisle, PA liOl3
Re: James Brenneman vs, .Julia Brenneman
Docket No: !JH.(iiO!J
Dear !\II', Elicker:
Pursuant to the Pre.Hearing Conference !\Iemorandum dated May I, 2001, I
enclose herewith for filing the original of Defendant':; Income and Expense
Statement. By copy of this letter and with an l'nclosUl'l', I am pl'Oviding a copy to
opposing counse!.
Please do not hesitate to contact me if you should have any questions
regarding this matter,
,~~
Philip H, Spare
PHS:jjc
Enclosure
cc: Nicholl' M, Staley O'Gorman, Esquire (w/enclosUl'e)
Julia p, Brenneman (w/enclosUl'e)
0/'lll111>
INCOME AND EXPENSE STATEMENT OF
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DATE
THIS STATEMENT MUST BE FILLED OUT
(/ If ~)OR#
(If you are selt.employed or it you are salaried by a business of which you are owner in whole or in part, you must
also till oul the Supplemental Income Statement which appears on the last page of this Income and Expense
Statement,)
INCOME
(a) Wages/Salary /J
Employer & AddressD
Job Title/Descriptio l.
Pay Period (weekly, bl,weekly, monthly) :0
Gross Pay per Pay Period .............................................................., .................................................... $
Payroll Deductions:
Federal Withholding ..................$
Social Security ...........................$
Local Wage Tax ..........................$
State Income Tax .......................$
Retirement ..................................$
Health Insurance ........................$
Other (specify) ............................$
.......",..,............$
:........................$ :1/7/1
Net Pay per Pay Period ........................................,..,............................................................................ $ - .
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Total. Other Income ........,..............$
Month Year
$ $
$ $
$ $
$_. $
$ $
$ $
$ $
$ $
$ $
(b) Other Income Week
Interest/Dividends ,..."..,....,........$
Pension/Annuity.........................$
Social Security ...........................$
RentslRoyalties ,..,.....,....",......,..$
Expense Account .......................$
Gifts "............".....,..,..""..............$
Unemployment Compensation ,$
Workmen's Compensation ........$
INCOME AND EXPENSE STATEMENT OF
I verify that tne statements made III this Income and Expense State.
ment are true and correcI.1 understand that false statements herem
are made 'SubJect to the penaltles,ot- Pa.C.S. 4904 relating to
unsworn ~/;C7n? outhorn;es
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Household Child Household Child
Week Week Month M.~
EXPENSES ;/ L
(/
Home
Mortgage/Rent ........................................ $ ./J.;-:.'-;-r'-t $ $ $
Maintenance ........................................... $ $ $~$
UliIlUes (telephone, heating ..., , ,
-'",'
electric, etc,) ....,................................... $ $ $ " $
Employment (transportation,
lunches) ........,........,.........,........,.......... $ $ $ $
Taxes
Real Estate ........................,............,........ $ $ $ / .., ,'''t' $
~/. .
Personal Property................................... $ $ $ $
Income ..................................................... $ $ $ $
Insurance ,J(. 7
Homeowners .................."....,........,........, $ $ $ $
Automobile .....,.................,..,.."....,..,..,.." $ $ $ ..:50 $
L1fe/Acc~Health ....."....",......"........ $ $ $ $
Other ..,..! . ~.~........................... $ $ $ /(/) () $
Automobile (payments, fuel,
repairs) ..,...............,......"...",......"...."" $ $ $ $
Medical './;3
Doctor, Dentist, Orthodontist ................ $ $ $ $
Hospital ................................................... $ $ $ ,'5-0 $
Special (glasses, braces, etc.) .............., $ $ $ $
Education
Private, Parochial School....................... $ $ $ $
College ,..............,............,.....,..........,....... $ $ $ $
Personal ./F)t)
Clothing ................................................... $ $ $ $
Food ..........,..,........,...............,........",....", $ $ $ h(l $
, -
Other (household supplies, 'K~/
barber, etc,) ........,................................. $ $ $ $
Credit payments and loans .................... $ $ $ /~I $
/
Miscellaneous
Household help/child care ...................., $ $ $ $
Entertainment (inc. papers, :~
books, vacation, pay TV, etc,) ............ $ $ $
Gifts/Charitable contributions ..,..........' $ $ $
Legal Fees .............................................., $ $ $ , $
Other cnild support/alimony
payments '...'...........'....'...tt:.....'..'.... $ $ $ $
Other (specify) ...............,~........ $ $ $ ~ $
Total Expenses .............................................. $ $ $ /%J, 1, $
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PROPERTY OWNED
Checking Accounts ,.......
Description
ownership.
Value H W J
, ./" ,j , l. t"
$1-, _U""'_-
$ ---
$~:{,'/I(I;' ___
$ ---
$ --
$ ---
$ ---
S ___
S ___
$ ---
$ r:J, ---
S?"'t-ll _ _ _
$jM t'{}tl _--
Savings Accounts ...........
Credit Union ....................
Stocks/Bonds ..................
..................
Real Estate ......................
Other rt..7)......................
L.:!;Y...................... .
Total, Property.....................
Hospital...........................
Medical............................
Health/Accident ..............
Disability Income ............
Olher (dental, etc,) ..........
('H. Husband, W, Wife, J ' Joinl, C ' Child)
Company
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Policy No,
/3 Cf-
Coverage'
H W C
INSURANCE
---
---
---
---
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SUPPLEMENTAL INCOME STATEMENT
A. This form must be filled out by a person who (check one):
_ (1) operates a business or practices a profession; or
_ (2) is a member of a partnership or joint venture; or
_ (3) is a shareholder in and is salaried by a closed corporalion or similar entity,
B. Attach to this slatement a copy of the following documents relating to the business, profession, partnership,
joint venture, corporation or similar entity,
(1) the mosl recent Federal Income Tax Return, and
(2) the most recent Profil and Loss Statement.
C. Name and Address of business:
Telephone Number
D. Name and Address (if different than C) of accountant, controller or other person in charge of financial
records:
E, (1) Annual Income from business ............................................................................................. $
(2) How often is income received? ............................................................................................ $
(3) Gross income per pay period .........................................................................,............,:....... $
(4) Net income per pay period .................................................................................................., $
(5) Specific deductions if any ........................,............,......,....,.........................................,......., $
, ,
THIS AGREEMENT, made this, day of" '. " ' ~,
by and between JAMES N, BRENNEMAN, (hereinafter referred to as
"Husband") and JULIA p, BRENNEMAN (hereinufter referred to as
"\'li fe") .
1966; and
WITNESSETH:
WHEREAS, Husbund and Wife were lawf:llly married on July 17,
WHEREAS, one child was born of the marriage, namely Jill
Brenneman, now known as Jill Mellios (DOB 12/16/69); and
WHEREAS, certain differences have arisen between the
parties as a result of which they separated in November, 1990 and now
live separate and apart from one another, and are desirous,
therefore, of entering into an Agreement which will distribute their
marital property in a manner which is considered to be an equitable
division of all joint property, and will provide for the mutual
responsibilities and rights growing out of the marriage relationship;
and
WHEREAS, there has been a complete disclosure of the
earnings and property of each party, and each understands his/her
rights under the Divorce Code of the Commonwealth of Pennsylvania;
and
WHEREAS, the parties hereto, after being properly advised
by their respective counsel, Husband by Nichole M, Staley O'Gorman,
Esquire and Wife by Philip Spare, Esquire, knowingly, willingly and
voluntarily enter the Agreement which follows:
NOW, THEREFORE, in consideration of the above recitals and
the following ,covenants and promises mutually made and mutually to be
kept, the parties heretofore, intending to be legally bound,
covenant, promise and agree as follows:
1, Separation. It shall be lawful for each party at all
times hereafter to live separate and apart from the other party at
such place that he or she may from time to time choose or deem fit.
The foregoing provision shall not be taken as an admission 011 the
part of either party of the lawfulness of the caUDes leading to their
living apart.
2, Interference, Edeh party shall be tree from
interference, authority and contact by the other, as fully as if he
or she were single and unmarried, except as may be necessary to carry
out the provisions of this Agreement, Neither party shall molest the
other nor attempt to endeavor to molest the other, nor compel the
other to cohabit with the other, nor in any way harass or malign the
other, nor in any way interfere with the peaceful existence, separate
and apart from the other.
3. Wife's Debts, Wife represents and warrants to Husband
that since the separation she has not and in the future she will not
contract or incur any debt or liability for which Husband or his
estate might be responsible and shall indemnify and save Husband
harmless from any and all claims or demands made against him by
reason of debts or obligations incurred by her,
4. Husband's Debts. Husband represents and warrants to
Wife that since the separation he has not and in the future he will
not contract or incur any debt or liability for which Wife or her
estate might be responsible and shall indemnify and save Wife
harmless from any and all claims or demands made against her by
reason of debts or obligations incurred by him.
5. Outstandinq Joint Debts, The parties acknowledge and
agree that they have no outstanding debts and obligations incurred
prior tb the signing of this Agreement. To the extent Wife has paid
all or any portion of the following actual or alleged debts, she
shall be entiGled to no reimbursement from Husband for same:
a. Southland Corporation - $9,000
b, Taxes owing to the IRS for pre-separation taxes
of one or both parties;
2
c, '{ot'k Federal mot'tCjac!e on the madtal home'
($17,000-$18,000 appt'oximate date of sepat'ation
balance)
d. Dauphin Deponit mortCjage on the mat-ital home
t'ecot'ded in Mot'tgage Book 827, Page 142;
e, Pennsylvania l,ottery Commission or lottery
related debt
In the event that either party contracted or incurred any
debts since the date of separation, the party who incurred said debt
shall be responsible for the payment thereof, regardlesn of the name
in which the account may have been charged, and such party shall
indemnify, defend and hold the other party harmless from any claim or
demand made against that party by reason of such debt.
6. Eauitable Distribution of Marital Propertv, The
parties have attempted to distribute their marital property in a
manner which conforms to the criteria set forth in Section 3502 of
the Pennsylvania Divorce Code and taking into account the following
considerations: the length of marriage; the fact that it is the
first marriage for Husband and wife; the age, health, station, amount
and sources of income, vocational skills, employability, estate,
liabilities and needs of each of the parties; the contribution of
each party to the education, training or increased earning power of
the other party; the opportunity of each party for future
acquisitions 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 the marital property, including the contribution of each spouse as
a homemaker; the value of the property set apart to each party; the
standard of living of the parties established during the marriage;
and the economic circumstances of each party at the time the division
of property is to become effective,
3
The divioion of existing marital property is not intended
by the partieD to conotitute in any way a Dale or exchange of aoseto,
and the division io being effected without the introduction of
outside funds or other property not conotituting marital property,
The division of property under this Agreement shall be in full
satisfaction of all IIlal'itill rights ot the parties.
A, Distribution of Personal Property.
The parties hereto mutually agree that they have effected a
satisfactory division of the furniture, household furnishings,
appliances, and other household personal property between them, and
they mutually agree that each party shall from and after the date
hereof be the sole and separate owner of all such tangible personal
property presently in his or her possession, except as set forth in
Exhibit "AU, attached hereto, which items shall be distributed in
accordance with Exhibit "AU. This Agreement shall have the effect of
an assignment or bill of sale from each party to the other for such
property as may be in the individual possession of each of the
parties hereto and as set forth in Exhibit "AU,
The parties hereto have divided between themselves, to
their mutual satisfaction, all items of tangible and intangible
marital property. Neither party shall make any claim to any such
items of marital property, or of the separate personal property of
either party, which are now in the possession and/or under the
control of the other, or which property will be distributed in
accordance with Exhibit "AU,
Should it become necessary, tl~ parties each agree tci sign,
upon request, any titles or documents necessary to give effect to
this paragraph, Property shall be deemed to be in the possession or
under the control of either party if, in the case of tangible
personal property, the item is physically in the possession or
control of the party at the time of the signing of this Agreement
and, in the case of intangible personal property, if any phYSical or
4
written evidence of ownership, such as passbook, checkbook, policy or
certificate of insurance or other similar writing is in the
possession or control of the party,
From and after the date of the signing of this Agreement,
both parties shall have complete freedom of disposition as to their
separate property and any 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 instrument of the
other pertaining to such disposition of property.
B. Distribution of Real Estate.
The marital home located at 124 Holly Drive, Mechanicsburg,
Cumberland County, Pennsylvania has previously been transferred to
Wife, Husband has signed the appropriate documentation to transfer
the deed to such property. Wife shall be solely responsible for the
timely payment of all mortgages and other encumbrances that exist as
to this real estate, as well as the payment of all current and future
taxes, insurance and utility bills relative to said real estate.
Wife shall pay and discharge said obligations on said premises, and
shall indemnify Husband from any loss by reason of her default in the
payment thereof, and shall save Husband harmless from any future
liability with regard thereto, including cost of defense and actual
counsel fees incurred to defend against an action brought against her
by virtue of her default,
7. Vehicles. The parties shall retain possession and
ownership of all vehicles presently in his or her possession. Title
to the 1987 Cadillac Cimarron, 1985 Dodge Caravan and 1980 Plymouth
Arrow has been previously transferred to Wife. To the extent any
vehicle transferred hereunder is encumbered, the party retaining that
vehicle shall assume full responsibility for paYment and eventual
5
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satisfaction of any and all liens presently encumbering the vehicle,
and agrees to indemnify, defend and hold the other hilnnless (or the
same.
8, Retirement Benefits, As o( the date o( separation and
currently, Husband owns a Pacific I,ife annuity and a pension with
Food Employers Labor Relations Association and United Food and
Commercial Workers, Wife shall be entitled to (i fty percent of
Husband's right, title and inter-est in hi" I'ilcific Life annuity.
Husband has paid Wife, and Wife acknOWledgeD receipt of, her one half
share of his monthly benefit through th" rli""" o( thi.!) Agreement.
Husband will continue to pay Wife one-half of his monthly benefit
until the time of his death. Should Wife deHin, to obtain a court
order to secure future payments, ::lUch Hha 11 be at her sole cost and
expense,
Wife shall also be entitled to one half of Husband's right,
title and interest in his Food Employers [,abor Relations Association
and United Food and Commercial Workers pension. Wife shall be solely
responsible for obtaining a Qualified Domestic Relations Order to
effect payment hereunder, and shall be responsible (or the cost and
expense associated with same.
Within thirty (30) days of the date of execution of this
Agreement, Wife shall prepare and submit Qualified Domestic Relations
Orders to Pacific Life and the Food Employers Labor Relations
Association and United Food and Commercial Workers Pension for their
respective approval, Within ten (10) days of receipt of approval,
Wife shall submit the approved Qualified Domestic Relations Order to
the Court for entry as an Order, Wife shall be responsible for all
attorney's fees as a result of the preparation of these Order,
As of the date of separation, Husband owned no lRAs,
including the following that were cashed in by Husband in 1990,
before separation:
a, Fidelity ($5,777)
G
b. York Federal ($3,442)
c. Dauphin Deposit ($4,500)
d. Fidelity ($2,871)
e. Dauphin Deposit ($550)
Husband represents that the proceeds of these lRAs were used to
attempt to salvage the 7-11 businesses. Wife disagrees,
Wife represents and warrants that no retirement benefits
were available to her prior to the parties' separation, except the
following lRAs, which shall remain her sole and separate property:
a. Dauphin Deposit, $2,000 (approximate cost)
b, York Federal - $250 (approximate cost)
c. Fidelity - $250 (approximate cost)
d. Dauphin Deposit. $1,500 (approximate cost)
9. Eauitable Reimbursement. Husband shall pay to Wife,
as equitable reimbursement, the sum of $2,000,00 upon execution of
this Agreement,
10, Alimonv, Both parties acknowledge and agree that the
provisions of this Agreement providing for equitable distribution of
property are fair, adequate and satisfactory to them, and are
accepted by them in lieu of and in full and final settlement and
satisfaction of any claims or demands that either may now or
hereafter have against the other for support, maintenance or alimony,
Husband and Wife further voluntarily and intelligently waive and
relinquish any right to seek from the other any payment for support
or alimony, except as set forth herein. Each party shall indemnify,
defend and hold the other harmless against any future action for
either support or alimony, modification or extension of same, brought
by or on behalf of the other and the results of such action, such
indemnity to include the actual counsel fees of the defendant in any
such future action.
11. Alimonv Pendente Lite, Spousal Support, Counsel Fees
and Expenses. Husband and Wife acknowledge and agree that the
7
provisions of thill ^'JI""lfI""1 !,"''1ldlll<1 for t.h" "qllit.,lble dintribution
of marital propert.y of t h" {),1l1 j"lI ," t"II', ,O(I"'I"ilt.e illld natisfactory
to them. Both pan j"lI "Ii.lil "".'..!,' ! h,' l'I'OVI"iullfI flel forth in this
Agreement in 11""01 ,,"01 IlIlllll ,1I1,11111,1i ""t.t.I','III..lIl alld
satisfaction at "II Cl,lllllll "1101 01""1"11<1,, lhi,t eltlwr mClY 1I0wor
hereafter hClve "'9,"1"" 1 Ii" "I t,,'r 101 ,Ii illlony pendente lite, spousal
support, counsl'.:!l fee:; 01 "X(l('IlIl('rl, or any other provision for their
support and maintC'l101IlC'' b..lor", dllrill9 ilnd aft",r the commencement of
any proceedillg" lor dIVOIC,' OJ dnllltllllc'nl between the parties, Each
party shall be reDpolllljbJ" (or hill 01- her own counsel fees, and each
agrees to indemni fy, defend ,1nd [Jave the olher harmless from any
action commenced again"l the ot I", I' (or alimony pendente lite, spousal
support and counsel feeD and/or expenses,
12, fuilll!l!.'11Jl.~~, Neilhel- party has any ownership interest
in any business,
13. CU"tody. The part ies have no minor children,
14, Med ica I I IWllrance, Each party shall be solely
responsible for the cost of his or her medical and hospitalization
insurance,
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15. Medical BillB. Each party shall be solely responsible
for his or her own unreirrlbursed medical and hospitalization expenses,
16, Prior Tax Returns, The parties acknowledge that they
have filed various JOInt income tax returns during the course of
their marriage, In the event that any additional taxes, penalties or
interest are assessed as a result of any such joint return, the party
responsible for under-reporting income or claiming any improper
deduction shall indemnify and save the other party harmless from such
tax liability, penalties, interest, counsel fees, accountant's fees,
costs and expenses,
17. Divorce. A Complaint in Divorce has been filed to No,
98.6709 CIVIL in the Court of Common Pleas of Cumberland County,
Pennsylvania, and either party shall be free to proceed without
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further delay to secure the divorce. Husband may proceed to obtain a
Divorce under Section 3301(d) of the Divorce Code and Wife agrees not
to impair Husband's endeavor to do so.
18. Time of Distribution, The assets and interests to be
transferred under and pursuant to this Agreement shall be conveyed
and transferred to the respective parties immediately upon the
execution of this Agreement, All spousal support and other such
obligations, including alimony, shall immediately terminate, except
for arrearages owed to Wife. The parties agree that, as of the date
of execution of this Agreement, all arrearages are paid in full, The
parties shall cooperate by executing whatever documents are necessary
to effectuate a divorce under Section 330l(c) or 3301(d) of the
Pennsylvania Divorce Code, and this Agreement to cooperate shall be
enforceable by an assumpsit action for specific performance, Should
Wife object or otherwise impair Husband's pursuit to obtain a divorce
decree under Section 330l(d) of the Divorce Code, Wife will pay
Husband's actual counsel fees and costs to enforce this provision ot
the Agreement and to obtain a final decree in divorce.
19. Reconciliation, Notwithstanding a reconciliation
between the parties, this Agreement shall continue to remain in full
force and effect absent a writing signed by the parties stating that
this Agreement is null and void.
20, Release, Subject to the provisions of this Agreement,
each party has released and discharged, and by this Agreement does
for himself or herself, and his or her heirs, legal representatives,
executors, administrators and assigns, release, indemnify (including
actual legal fees) and discharge the other of and from all causes of
action, claims, rights, or demands, whatsoever in law or equity,
including equitable distribution, spousal support, alimony, counsel
fees, alimony pendente lite, and expenses which either of the parties
against the other ever had, now has, or may have in the future under
the Pennsylvania Divorce Code, as amended, or under any other
9
statutory or common law, e'xcept any and all causes of action for
divorce and all causes of action for breach of any provisions of this
Agreement, Each pat-ty also waives his or her right to request marital
counseling, pursuant to Section 3302 of the Divorce Code.
21. Waivers of Claims Aqainst Estates, Except as herein
otherwise provided, each party may dispose of his or her property in
any way, and each party hereby waives and relinquishes any and all
rights he or she may now have or hereafter acquire under the present
or future laws of any jurisdiction, to share in the property or the
estate of the other as a result of the marital relationship,
including without limitation, dower, courtesy, statutory allowance,
widow's allowance, right to take in intestacy, right to take against
the Will of the other, and right to act as administrator or executor
of the other's estate, and any right existing now or in the future
under the Pennsylvania Divorce Code, as amended from time to time,
and each will, at the request of the other, execute, acknowledge and
deliver any and all instruments which may be necessary or advisable
to carry into effect this mutual waiver and relinquishment of all
such interests, rights and claims. Each further waives any right to
inherit or receive property or act as the personal representative of
the estate of the other by Will, Codicil, intestacy, or insurance
policy, unless such Will, Codicil, or insurance policy designation of
beneficiary is dated subsequent to the effective date of this
Agreement.
22, Breach, In the event of breach of any of the terms of
this Agreement, the nonbreaching party shall be paid, as part of any
award or jUdgment against the breaching party, all costs, including
actual counsel fees paid to his or her attorney.
23" Incorporation in Final Divorce, The terms of this
Agreement shall be incorporated but shall not merge in the final
divorce decree between the parties. Any Court having jurisdiction
shall enforce the provisions of this Agreement as if it were a Court
10
Order. ThHI Agn'elllent "hall HlIt'Vlve In ltD entIrety, resolving the
spousal support, alimony, equitable distribution and other interests
and rights or the partIes under and pursuant to the Divorce Code of
the Commonwealth or Pellnsylvilnia, and nn court aoked to ~nforce or
interpret this Agreement shall in any way change the terms of this
Agreement. This Agreement may be enfot'ced independently of any
support order, divorce decree or jUdgment and its terms shall take
precedence over same, remaining the primary obligation of each party.
This Agreement shall remain in full force and effect regardless of
any change in the marital status of the parties. 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 the parties to execute the Agreement.
24, Additional Instruments. Each of the parties shall
from time to time, at the request of the other, execute, acknowledge
and deliver to the other party, any and all further instruments that
may be reasonably required to give full force and effect to the
provisions of this Agreement.
25. Separabilitv. In case any prOvision of this Agreement
should be held to be contrary to, or invalid under, the law of any
country, state or other jurisdiction, such illegality and invalidity
shall not in any way affect the other provisions hereof, all of which
shall continue, nevertheless, in full force and effect, and each
paragraph herein shall be deemed to be a separate and undisputed
covenant and agreement,
26. Entire Aqreement. This Agreement contains the entire,
complete and exclusive understanding of the parties, and there are no
representations, warranties, covenants and undertakings other than
those expressly set forth herein. Husband and Wife acknowledge and
agree that the provisions of this Agreement with respect to the
distribution and division of marital and separate property are fair,
11
equitable and Datisfactor-y to thcm, based on the length of their-
marr-iage and other- r-elevant factorB which have been taken into
consider-at ion by the parties. Both par-ticD hereby accept the
pr-ovisionD of thiD Agreement with n'spect to the division of proper-ty
in lieu of and in full and final settlement and satisfaction of all
claimD and demands that they may now have or her-eafter- have against
the other- for- equitable distr-ibution of their- proper-ty by any court
of competent jur-isdiction purDuant to Section 3S02(d) of the Divorce
code or- any other- laws. Husband and wi fe each voluntarily and
intelligently waive and relinquish any right to seek a cour-t or-de red
deter-mination and distribution of mar-ital proper-ty, but nothing
herein contained shall constitute a waiver- by either par-ty of any
right to seek court relief for the purpose of enforcing the
provisions of this Agreement.
27, Modification and Waiver. A modification or waiver of
any of the provisions of this Agreement shall be effective only if
made in writing and executed with the same formality as this
Agreement. The failure of either party to insist upon strict
performance of the provisions of this Agreement shall not be
construed as a waiver of any subsequent default of the same or
similar nature.
28, Intent. It is the intent of the parties by this
Agreement to fully and finally foreclose any resort to the courts for
relief on the basis of any statute or case law presently existing or
which may exist at some time in the future within the Commonwealth of
Pennsylvania, including but not limited to equitable distribution,
alimony and other relief under the Pennsylvania Divorce Code, as
amended, This Agreement has been drafted and accepted on the basis
that such resort would constitute a breach under this Agreement,
entitling the nonbreaching party to reimbursement for actual counsel
fees, This Agreement shall be construed in accordance with the Laws
of the Commonwealth of Pennsylvania which are in effect as of the
12
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date of the execution of thi!l Agreement and, where such law is
inconsistent, the terms of this instrument shall govern.
29, Vol untarv Execut ion. The part ies have had the
opportunity to seck the advice of <,,'uulltlel prior to executing this
Agreement and each party acknowledges that the Agreement is fair and
equitable, that it is being entered into voluntarily, with full
knowledge of the income and assets of both parties, and that it is
not the result of any duress or undue influence. The parties
acknowledge that they have been furnished with or are aware of all
information relating to the financial affairs of the other.
30, Descriptive Headinqs, The descriptive headings used
herein are for convenience only. They shall have no effect whatsoever
in determining the rights or obligations of the parties.
31. Aqreement Bindinq on Heirs, This Agreement shall be
binding and shall inure to the benefit of the parties hereto, and
their respective heirs, executors, administrators, successors and
assigns.
32, Prior Aqreements. This Agreement shall supercede all
prior agreements, whether oral or written, relating to this divorce,
distribution of property, alimony pendente lite, support, alimony and
all other divorce related issues. All prior agreements shall be
considered null and void, This provision includes, but is not
limited to the Agreement dated August, 1992, attached hereto as
Exhibit liB".
IN WITNESS WHEREOF,
their hands and seals the day
WITNESS:
'-_p _ ,Jj,(/
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the parties hereto have hereunto set
and year first above written.
Ii /;) d '
1></--1-",;-" 111~--1A'-'/I_$7~~.~
(::~j~'01t1'~
JVLIA p, BRENNEMAN
/
v
13
EXHIBIT "A"
BRENNEMAN V, BRENNEMAN - SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
Within thirty (30) days of execution of this Agreement, Wife
shall return to Husband the following items of personalty:
1, Two (2) rifles; and
;:- -on.- ,,"'-"""d9~ 1')
14
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AGREEMENT
Made this .;f'~-li'{;'ay of August, 1992. by and between
JAMES N. BRENNEMAN (husband) and JULIA p, BRENNEMAN (wife),
Whereas, the parties. being husband and wife. have
separated and desire to make an agreement pertaining to
their property and other matters,
Now this aareement witnesseth that the parties
heretOfore and in consideration of the mutual covenants
herein contained and intending to be lp~ally bound hereby,
agree as follows:
1)
kno~m as
wife.
Husband agrees to grant and convey real estate
124 Holly Drive. Mechanicsburg, Pennsylvania to
2) Husband agrees to transfer title to the 1987
Cadillac to wife.
3) Husband agrees to assign and set over to wife
one-half of his right. title and interest in his pension
and/or retirement fund with Acme Markets.
4) The household effects in the home at 124 Holly
Dri ve shall be the sole property of wi fe e"cept for the
fOllowing items which shall be the property of husband:
Portable Television
VCR
All husbands clothing and personal items
Guns
Pictures of hUSband's family and the right to copies of
photos of hUSband, wife and daughter.
5) It is understood the documents necessary for
assignment of the Acme Markets retirement/pension benefits
will be forwarded by Acme and will be executed, acknOWledged
and deliVered by husband upon request by wife.
6) This agreement is not an all inClusive settlement,
Rights not specifically included herein shall be unaffected
hereby and nothing herein contained shall be Construed as a
waiver Of any other rights a party may have against the
other,
In witness whereOf the parties have set their hand and
seal the day above written.
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ANTlIONY T M,"nll
AnOINtl' A' lAW
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JAMES N. BRENNEMAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO,
98-6709 - Civil
JULIA p, BRENNEMAN,
Defendant
IN DIVORCE
NOTICE
If you wish to deny any of the statements set forth in this
affidavit, you must file a counter-affidavit within twenty (20)
days after this affidavit has been served on you or the statements
will be admitted.
AFFIDAVIT UNDER SECTION 3301ld) OF THE DIVORCE CODE
1. The parties to this action separated in November, 1990,
and have continued to live separate and apart for a period of at
least two years,
2, The marriage is irretrievably broken.
3, 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,
I verify that the statements made in this affidavit are true
and correct,
I understand that false statements herein are made
subject to the penalties of 18 Pa,C.S. ~ 4904, relating to unsworn
falsification to authorities,
nc:toroc:tomh,:3T .:1. 1 q QA
Date
791.
'.J'(2At.-?-t2~71'~..
N. Brenneman, Plaintiff
,lAME.'; N. IH~r-:NNEMMI,
PIoIlll! Jlt
IN TilE (,Ol!UT OF COMMON PLEAS
Cllr~Hr-:Ur.ANfj COUNTY, PENNSYLVANIA
VH.
NO.
l'I'jll (,'/(1') CIVil,
~.1ULI^ f), BHENNI':MAN,
fj,.. f'mdallt
CIVIL ACTlON - IN DIVORCE
PRAECIPE TO STATE SOCIAL SECURITY NUMBERS
PLAINTIl-'F, James N, Brenneman's Social Security number
is 206-32-4025.
DEFENDANT, Julia P. Brenneman's Social Security number
is 220-36-9712.
PURCELL, KRUG & HALLER
Date: September 14, 2001
;(
Nichole M, Sta
I .
L,D, NO'1 79866
1719 Nordh Front Street
HarriSburg, PA 17102
(717) 234-4178
Esquire
JAMES N. BRENNEMAN,
l'lainli ff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 1998-6709 CIVIL
,JULIA P. BRENNEMAN,
Defendant
IN DIVORCE
CIVIL ACTION - LAW
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
1, Michelle Pida, employee for the law firm of Purcell, Krug &
Haller, hereby swear and affirm that on the 24~ day of August, 2001,
I hand delivered a true and correct copy of the PLAINTIFF'S
AFFIDAVIT UNDER 33301(d) OF THE DIVORCE CODE and PLAINTIFF'S NOTICE
OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE to the Attorney for
Defendant, Philip H. Spare, Esquire, at 44 W, Main Street,
Mechanicsburg, Pennsylvania 17055.
1 I; ; j' .. /.' I (
I . '" "
MICHELLE PIDA
Sworn and subscribed to
befo;J\e me this (j'Gtll day
of jj(l~L(,?+ :, 200l.
(1tJll Lr). rhtrul
Notat' 1" .
Nolanal Saal
Angela 5, Eaton, Nola" Public
Hiln1sburg Dauphin County
My Commission E,plro. Jan, 12, 2004
P .~.....",..MWJ.tlo<1otNotart.s
Me1rber, eO....J.......
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Jill 3 0 2004 1< .
JAMES N. BRENNEMAN
Plaintill'
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYL VANIA
vs.
No: <)1l-67()<)
('IVIL i\CTION - LAW IN DIVORCE
JULIA P.BRENNEMAN
Delendant
STIPULATION OF TilE l'ARTlES FOR
ENTRY OF A QUALIFIED DOMESTIC RELATIONS ORDER
WHEREAS, Plaintiffand Defendant were married to eaeh other on July 17. 1966
and the parties entered into a Separation and Property Settlement Agreement on August
8,2001; and
WHEREAS, Plaintiff, Delendant, and the court intend this order to be a Qualified
Domestic Relations Ordcr (hercinaller referred to as a "QDRO") as that term used in the
Retirement Equity Aet of 1984 (the "Act"). P.L. 911-397 as technically revised by the Tax
Reform Act of 1986; Section 206(d) ofthc Employee Retirementlncomc Securities Act
of 1974, as amended ("ERISA") and Scetion 414(1') of the Internal Revenue Code of
1986, as amended (the "Codc"); and
WHEREAS, Plaintiff and Defendant have stipulated thatth!s court shall enter into
this Order:
NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COURT as follows:
I. As used in this Order the following shall apply:
(a) "Participant" means James N, Brenneman. whose last know address
is
1450 Timberbrook Drive, Meehanicsburg, Pennsylvania. 17055. and who's Social
Security Number is: 206-32-4025.
.
(11) "Altcrnate Paycc" mcans Juli,1 1', Brcnncman. \\hosc last known
addrcss is 124 IIolly Drivc, Meehanicsllurg. Pcnnsylvania 17055. and
whosc Social Sccnrity Numllcr is 202.36-1)712,
(c) "Plan" mcans thc Food Employcrs I.al~'r Relation Association and
Unitcd Food and Commcrcial Workcrs Pcnsion Fund
2, Altcrnatc Paycc is thc li,rmer spousc ofthc Participant.
3. This Ordcr is cntcrcd pursuant to thc Divorcc Codc oflhc Commonwcalth of
Pcnnsylvania.
4. This Order hereby crcatcs and rccognizcs thc e,Xistcncc of Altcrnate Paycc's right to
Filly Percent (50%) of each monthly payment duc Participant undcr Food Employers
Labor Relations Association and United Food and Commcrcial Workcrs Pcnsion Fund
("Pension Fund") distributed to Participant.
5, Nothing contained in this Order shall be construed to require Pension Fund:
(a) To provide to Altcrnate Paycc any type or form ofbencfil or any option not
otherwise available to the Participant under the Pension Fund;
(b) To provide to alternate Payee increased benefits (determined on the basis of
actuarial value) not available to Participant; or
(c ) To pay any benefits to Alternate Payee which is required to be paid to
another alternate payee under another order determined by Pension Fund to be a QDRO
before this Order is determined by Pension Fund to be a QDRO,
6. Copies of this Order shall be sent by ordinary mail by Alternate Payee to
Pension Fund who shall. pursuant to 29 U,S. C, Section 1056(d) (3) (0):
(a) Promptly notify Participant, Alternate Payee and any other alternate payee
of:
(i) The receipt ora copy orthe Order: (lOd
(ii) Pensions Fund's procedure lilr determining the qualified status or
domestic relations orders:
(b) Within a reasonable period of time aller receipt ofa copy of this Order,
determine whether is Order is a QDRO and notify Participant, Alternate Payee and any
other alternate payee of such determination,
7. This Order is intended to be a QDRO made pursuant to the Act, and its provisions
shall be administered and interpreted in conformity with the Act. If the Act is amended
or the law regarding QDROs is otherwise changed or modified, then the parties hereto
shall immediately take such steps as arc necessary to amcnd this QDRO to comply with
any such changes, amendments and/or modifications,
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8, Participant shall pay to Alternatc Payee Filly percent (50%) of any amounts received
from Pension Fund as her share of the marital property pension until such time as Pension
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Fund makes dircct payments to Alternate Payee, at which time Participant shall no longer
make direct payments to Alternate Payee, Pending determination by Pension Fund as to
whether or not this Order is a QDRO, Participant shall honor such written directions and
instructions as he may receive from Alternate Payee with respect to Alternate Payee's
interest in the monthly annuity payments created and recognized by Paragraph 4 of this
~
Order,
9, Pension Fund shall pay directly to Alternate Payee, Fifty percent (50%) of each
monthly payment due to participant as her interest in said martial property pension for as
.~
.
/tJ
FEB 0 8 2005
JAMES N, BRENNEMAN
Plaintifi'
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLV Al-lIA
: No'lH-67()l)
JULIA 1', BRENNEMAN
Defendant : CIVIL ACTON -LAW
: IN DIVORCE
STIPULATION OF TilE PARTIES FOR
ENTRY OF A OUALIFIED DOMESTIC RELATIONS ORDER
WHEREAS, Plaintiff and Defendant were married to each other on July 17, 1966 and the
Parties entered into a Separation and Property Settlement Agrcemcnt on August 8. 2001: and
WHEREAS, Plaintiff. Detcndant and thc court intend this order to be a Qualified
Domestic Relations Order (herein after referred to as a "ODRO") as that term used in the
Retirement Equity Act of 1984 (the "Act"), P.L. 98-397 as technically revised by the Tax
Reform Act of 1986: Section 206(d) of the Employee Retirement Income Securities Act of 1974,
as amended ("ERISA") and Section 414(1') of the Internal Revenue Coed of 1986, as amended
(The "Code"); and
WHEREAS, Plaintiff and Defendant would like the Plaintiff to be treated as the surviving
Spouse of the Participant for purposes of the provision requiring a full joint and survivor annuity and/or
a full pre-retirement survivor annuity, receiving any and all pre-retirement or post-retirement survivor
annuities benefits under the plan,
"
WI/ERI;AS, I'laintill'and Delcndant have stipulated Ih:lllhis court shall elller illlolhis
Order:
NOW, THEREFORE, IT IS IIEREBY ORDERED BY TIlE COURT as 1()lIows:
I. As used in this Order the 1()IIowing may apply:
(a) "Participant" means Jamcs N, Brcnncman, whose last. known addrcss was
1450 Timbcrbrook Drive, Mechanicsburg, Pennsylvania, 17055: and who's Social
Sccurity Numbcr is 206.32-4025.
(b) "Alternate Paycc" mcans Julia P. Brenncman. whose last known addrcss
was 124 Holly Drive, Mcchanicsburg, Pennsylvania 17055: and who's Social Sccurity
Numbcr is 202.36-9712,
(c) "Plan" means the Food Employers Labor Relations Association and
Unitcd Food and Commcrcial Workcrs Pension Fund,
2, Alternativc Payee is thc former spouse of the Participant.
3, This Order is entered pursuant to the Divorcc Code of the Commonwealth ofPcnnsylvania.
4. This Order hereby ereales and recognizes the existence of Alternate Payee's righl
to Fifty Percent (50%) of Participant's benefits under the Plan ("Pension Fund").
The Alternate Payee's benefits shall be calculaled as of the first benefit payment to either
party and continue for Alternate Payee's lifetime,
...
5. Nothing contained in this Order shall he construed to require Pension Fund:
(a) To provide to Altermlte I'ayee any type or I"rm ofhenefitllf any option
not otherwise uvailahle to the \'articipantunder the Pension Fund:
(b) To provide to Alternate \'ayec inercased henclils (detcrmincd on the basis of
actuarial value) not availah\c lllPanicipant; or
(c) To pay any bcncfits to Altcrnatc Paycc which arc rCQuircd to he paid to
another altcrnate payee undcr another ordcr determined by Pension Fund 10 he a
QDRO before tbis Order is determined by Pension Fund to be a QDRO.
6, This Ordcr is intended to be a QDRO made pursuant to the Act, and its provisions
shall be administered and interpreted in conformity with the Act. If the Act is amended or the law
regarding QDROs is otherwise changed or modified, and then the panics hereto shall immediately
take such steps as are necessary to amend this QDRO to comply with any such changes,
amendments and/or modifications,
7, Participant shall pay to Alternate Payee lifty percent (50%) of any amounts reeeived from
Pension Fund as her share of the marital property pension until such time as Pension Fund makes direct
payments to Alternate Payee. Pending determination by Pension Fund as to whether or not this Order
is a QDRO, participant shall honor such written directions and instructions as he may receive from
Alternate Payee with respect to Alternate Payee's interest in the monthly annuity payments ereated and
recognized by Paragraph 4 of this Order,
8, The Alternate Payce is assigned a separate interest payable in the form of a single life
Annuity, The Alternate Payee may begin to receive her benefit when the Participant attains the
earliest retirement date under the plan.
9, The ('ourt shall retain jurisdictionll\er this nJUller to amend this Order in order to
establish and/or nlllintain its qualificution as a ()/)/{O under the Act.
10. The Alternate Payee shall he trented as thc Part icipant 's surviving spouse for purposcs
of the full pre-retirement and post-rctircmcnt survivor annuitics under the Plan, Thc prc-rctircmcnt survivor
annuity would be payable as well as thc benefits dcseribed in Section 4 ifthe Participant dies belore either
party's benefits commence, The Participant will elect to reeeivc his henents in thc form of a joint and survivor
annuity with the Alternate Payee as his benelicinry, and the Alternate Payee Will receive two separate benefits
under the Plan upon the Participant's post-retiremcnt death.
Dated:
Judge
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Dated:
Plaintiff, James N, Brenneman
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Dated:
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