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HomeMy WebLinkAbout07-1936Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 KIRSTEN 1. RETTBERG, Plaintiff V. KEVIN S. RETTBERG, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.01^ ?Q3 CIVIL TERM CIVIL ACTION - LAW Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff KIRSTEN I. RETTBERG, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0-7 - 143(0 CIVIL TERM CIVIL ACTION - LAW KEVIN S. RETTBERG, IN DIVORCE Defendant COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Kirsten I. Rettberg, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, Kevin S. Rettberg: 1. The Plaintiff is Kirsten I. Rettberg, an adult individual, residing at 400 Arlington Road, Camp Hill, Cumberland Cumberland County, Pennsylvania. 2. The Defendant is Kevin S. Rettberg, an adult individual, residing at 1114 November Drive, Apt. 1, Camp Hill, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant were married on July 31, 1994 in Harrisburg, Dauphin County, Pennsylvania. 4. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There have been no prior actions for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. Neither of the parties in this action is presently a member of the Armed Forces on active duty. 7. The marriage is irretrievably broken. 8. The parties separated when Defendant left the marital residence on or about November 4, 2006. 9. The Plaintiff has been advised of the availability of marriage counseling and she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a Decree of Divorce. COUNT H - EQUITABLE DISTRIBUTION 10. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 9 inclusive, of the Complaint as if the same were set forth herein at length. 11. Plaintiff and Defendant have legally and beneficially acquired certain real and personal property during their marriage. 12. The parties may, but have not yet reached an agreement regarding equitable distribution. Should they successfully reach a private agreement in the future, Plaintiff requests that the agreement be incorporated into any Decree later entered by this Honorable Court. WHEREFORE, the Plaintiff, Kirsten I. Rettberg, respectfully requests that your Honorable Court to equitably divide the marital assets. JOHNW-N?UFFIE, STEWART & WEIDNER ssa Peel Greevy :294270 VERIFICATION I, Kirsten I. Rettberg, verify that the statements made in this Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. Date: Kirsten I. Rettberg Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff KIRSTEN I. RETTBERG, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff / 93G NO. d-- CIVIL TERM V. CIVIL ACTION - LAW KEVIN S. RETTBERG, IN DIVORCE Defendant AFFIDAVIT KIRSTEN L RETTBERG, being duly sworn according to law, deposes and says: 1. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: R i?- J 9AV. Kirsten I. Rettberg ?ll F? O b c c 1 Q W .V c --N co i % Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 KIRSTEN I. RETTBERG, Plaintiff V. KEVIN S. RETTBERG, Defendant RETURN OF SERVICE The undersigned makes the following return of service: NO. 07-1936 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE The Complaint in Divorce was mailed to the Defendant, Kevin S. Rettberg, on April 12, 2007, at 114 November Drive, Apt. 1, Camp Hill, Cumberland County, Pennsylvania 17011: X A copy of the signed return receipt indicating service was completed on April 16, 2007, is attached hereto. The mail, refused and returned, is attached. A copy mailed to the Defendant at the same address by ordinary mail with the return address of the sender appearing thereon has not been returned within fifteen days after mailing. I, Melissa Peel Greevy, certify that I am a competent adult not a party to the action. I verify that the statements made in this affidavit and return of service 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 authonies. JOHNSON, DUgFIE, STEWART & WEIDNER Date: Melissa :294270-7 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Greevy y if ¦ Complete Iterns 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the malipiece, or on the front if space permits. 1. Article Addressed to: ?E t ((,4J S. /(t 7-7-69-k? // / q AJo vc'?'1 ? ?2 D 2 /9'ff -/ / ?j PA A Signet X `/i C3 Agent ? Addressee B. vN by Name) C. DA9 of slivery D. Is delivery address different from kern 11 Yes If YES, enter delivery address below: 13 No j y AIDre,6tr D/ service Type certieed Mall 0 Express man ? Registered JR Return Receipt for Merchandise E3 Insured man E3 C.O.D. 4. Restricted DelNay? Xkft Fes) Yes 2. Article Number 7004 1350 0003 4502 4819 rnans?eu• from service ?abep PS Form 3811, February 2004 Donwft Rsttxn Rsoeipt 102595 02 M 1540 ; !r CERTIFIED M AIL,,, RECEIPT cc ? (Domestic Only; Coverage Provided) ti c3 [ OFFI CIAL U-S E Ln - S Poefge $ 4%U 14 re 0 o?c ? m C3 Certlfled Fee y c N q 4 lept Fee (EndoraemerK Return RecRequ ked) v+ < v+ ere C7 Re6b'kted Delivery Fee V9 rn (Endorearmnt Required) 9999 Total Postage & Fees $ S O o ETT / G KGV s l? 1 ----------------- or PO Box No. 1 11 _ - ------ ` . ------------------ C/ry State. ZI C,9ryr/° 1u /LL ,off- 1 a 1 c KIRSTEN I. RETTBERG, Plaintiff V. KEVIN S. RETTBERG, Defendant AFFIDAVIT OF CONSENT IN DIVORCE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 10, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. 1 consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date:-t7 // 7/0 7 Kirsten I. Reftberg, Plaintiff IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-1936 CIVIL ACTION - LAW :303641 KIRSTEN 1. RETTBERG, Plaintiff V. KEVIN S. RETTBERG, Defendant AFFIDAVIT OF CONSENT NO. 2007-1936 CIVIL ACTION - LAW IN DIVORCE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 10, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. 1 consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 7 ,?2Z-- Kevin S. Rettberg, De ,gomnt IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA 303642 t i "" :? ??., ?e`t ? y^ t? £?.' ? ?? "? t a r^°.: i . ;.?tr. ? ++,? ?`?.. Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff KIRSTEN 1. RETTBERG, Plaintiff, V. KEVIN S. RETTBERG, Defendant. IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 1936 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT .lT THIS AGREEMENT, made this CV day of 11,411 2007, by and between KIRSTEN I. RETTBERG, of Camp Hill, Pennsylvania, (hereinafter IFE") and KEVIN S. RETTBERG, of Camp Hill, Pennsylvania, (hereinafter "HUSBAND"); WITNESSETH: WHEREAS, the parties hereto were married on July 31, 1994, in Harrisburg, Dauphin County, Pennsylvania; and WHEREAS, HUSBAND voluntarily left the marital residence on November 4, 2006; and WHEREAS, a divorce action was filed by WIFE on or about April 10, 2007, in the Cumberland County Court of Common Pleas, and docketed at 2007-1936 Civil Term; and WHEREAS, there is one minor child of the marriage, Reese Rettberg, born January 24, 2003; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including but not limited to: the equitable distribution of the marital property; past, present, and future spousal support; alimony, alimony pendente lite, and in general, any and all other claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and for other good and valuable consideration, the parties, intending to be legally bound hereby, do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this agreement and their legal effect has been fully explained to WIFE by her counsel. WIFE is represented by Melissa Peel Greevy, Esquire of Johnson, Duffie, Stewart & Weidner. HUSBAND, though advised of his right to seek independent legal representation, has knowingly and voluntarily waived his right to do so and has elected to proceed without counsel. HUSBAND further acknowledges that he has not received any legal advice from counsel for WIFE. Each party acknowledges that he or she has had the opportunity to discuss with counsel of their choosing, the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties further declare that each is executing the Agreement freely and voluntarily having obtained sufficient knowledge and disclosure of their respective legal rights and obligations. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to § 3301(c) of the Divorce Code. The parties agree to execute -2- Affidavits of Consent for divorce and Waiver of Notice of Intention to Request Entry of a Divorce Decree contemporaneously with the execution of this Marital Settlement Agreement. This Agreement shall not merge with the Divorce Decree but shall continue to have independent contractual significance. The parties shall have the right to enforce this Agreement under 23 Pa. C. S. §3502 (e) of the Pennsylvania Divorce Code, and in addition shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 3. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the last party executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally releases the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a life time conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. -3- 5. FINANCIAL DISCLOSURE. The parties represent and warrant that each have made full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Neither party wishes to make or append hereto any further enumeration or statement. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have a right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties waive the right to further disclosure of assets, debts or other financial information prior to the execution of this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and the terms adequately provide for his or her interests, and that this Agreement is not the result of fraud, duress, or undue influence exercised by either party upon the other or by any person or persons upon either party. Each party further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors or assigns, in action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence, or that there was a failure to have available full, proper and independent representation by legal counsel. 6. SEPARATION-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as if fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb or malign each other or the respective families of each other. 7. DEBTS. The parties agree that they shall take prompt action regarding any remaining joint credit card accounts which have not been closed and agree that they shall immediately close such accounts. -4- HUSBAND represents and warrants to WIFE that in the future he will not contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims and demands made against her by reason of such debts or obligations incurred by him since the date of their final separation, November 4, 2006. WIFE represents and warrants to HUSBAND that in the future she will not contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and she shall indemnify and save HUSBAND harmless from any and all claims and demands made against him by reason of such debts or obligations incurred by her since the date of their final separation, November 4, 2006. 8. RETIREMENT ASSETS, INVESTMENTS, AND PENSION BENEFITS. HUSBAND is the owner of a 401(k) retirement savings plan held by Fidelity Investments as a result of his employment with the Enterprise Rent-A-Car Company, which balance was nine thousand six hundred seventy five ($9675) dollars on September 30, 2006. HUSBAND is the owner of a 401(k) account held by ING through his employment with Engle-Hambright & Davies, Inc. which had a balance of nineteen thousand nine hundred eighteen ($19,918) dollars on December 31, 2006. HUSBAND is the owner of a PFPC Vanguard Prime Money Market Fund Healthcare Savings Account with a December 31, 2006 balance of one thousand four hundred eight ($1408) dollars. HUSBAND represents that he has no other investments or retirement plans, including but not limited to a defined benefit pension. The parties stipulate and agree that, for purposes of this Agreement, the 401(k) plans and PFPC Vanguard Prime Money Market Fund Healthcare Savings Account identified above are marital in nature and that HUSBAND shall retain the entire value of these assets. WIFE specifically waives any and all right, title or interest in HUSBAND'S Fidelity 401(k) plan, ING 401(k) plan, and PFPC Vanguard Prime Money Market Fund Healthcare Savings Account. WIFE is the owner of a Morgan Stanley investment account with a December 31, 2006 value of ten thousand six hundred ninety two ($10,692) dollars. HUSBAND specifically waives any and all right, title or interest in WIFE's Morgan Stanley account. WIFE is the owner of a Mishkin Enterprises, Inc. Profit Sharing Plan with a September 31, 2006 balance of eighty seven thousand two hundred eighty five ($87,285) dollars. The parties stipulate and agree that HUSBAND shall receive forty thousand ($40,000) dollars from her Mishkin Enterprises, Inc. Profit Sharing Plan via a Qualified Domestic Relations Order (hereinafter "QDRO"). WIFE shall bear any legal and/or actuarial expenses of the preparation and service of the QDRO upon the plan administrator. The -5- parties agree and understand that this transfer to HUSBAND shall be accomplished as soon as administratively feasible and that the QDRO may need to be pre-approved by the plan administrator, prior to entry of an Order based on a Stipulation of the Parties. In the event that HUSBAND elects to withdraw funds so transferred to him, at a later date, the parties stipulate and agree that HUSBAND shall bear any and all tax or penalties associated with such liquidation. WIFE is the owner of a CollegeSense 529 Plan for the benefit of the parties' daughter Reese Lauren Rettberg. The 529 Plan balance as of January 8, 2007 was six thousand two hundred ninety six ($6296) dollars. HUSBAND and WIFE agree that WIFE shall retain the plan ownership for the benefit of the child and that its use shall be reserved for expenses associated with her post high school education. The parties further stipulate and agree that this asset is specifically excluded from the distribution of marital property. WIFE is the fiduciary of a Premium Savings Account at Wachovia Bank for the benefit of the parties' daughter under the Uniform Transfers to Minors Act, which had a balance of $478 as of January 23, 2007. The parties agree that the funds of this account be excluded form the marital estate and shall continue to be held by WIFE for the benefit of their daughter. WIFE is the owner of 22.5 shares of non-transferable stock in a closely held corporation known as "Mishkin Enterprises," for which WIFE paid $6,800 plus interest. HUSBAND specifically waives any and all right, title and interest in WIFE'S Mishkin Enterprises stock. 9. LIQUID MARITAL ASSETS. The parties agree that they have joint checking and savings accounts at Wachovia Bank with balances totaling three thousand six hundred fifty ($3,650) dollars as of January 23, 2007. The parties agree that WIFE shall retain the Wachovia accounts. HUSBAND specifically waives any and all right, title and interest in the Wachovia accounts. The parties own a Members 1 st Credit Union account with has a balance of fourteen thousand five hundred ten ($14,510) dollars. WIFE specifically waives any and all right, title, and interest in the Members 1st Credit Union account, which the parties agree that HUSBAND shall retain. HUSBAND and WIFE agree that any remaining accounts established by the parties during the marriage and previously existing joint accounts and individual accounts have been divided to their satisfaction. Any individual accounts now owned by the parties shall become the sole and separate property of the party in whose name the account is -6- currently titled. Except as provided herein, both parties waive any rights they may have to the bank or credit union account(s) of the other. 10. AUTOMOBILES/VEHICLES. HUSBAND and WIFE agree that HUSBAND will retain the value of the 2002 Chevy Avalanche which he recently sold. HUSBAND shall be solely responsible for all costs associated with his newly leased vehicle. During the marriage, HUSBAND was also the owner of a dirt bike and a Harley-Davidson motorcycle, which he has subsequently sold and received three thousand ($3,000) dollars and thirteen thousand ($13,000) dollars, respectively, in proceeds. WIFE stipulates and agrees to waive interest in the proceeds which HUSBAND received for the sale of these items of marital property. 11. THE MARITAL HOME. The parties are the owners of a residence, which is marital property, located at 400 Arlington Road in Camp Hill, Cumberland County, Pennsylvania. The parties stipulate and agree that, for purposes of this agreement, the value of the home is two hundred ninety one thousand ($291,000) dollars. The parties are the debtors on two mortgages on the property. The approximate pay off figure for the ABN/AMRO first mortgage balance as of December 31, 2006 was one hundred sixty three thousand five hundred forty five ($163,545) dollars. The approximate pay off figure for the Wachovia Line of credit (second mortgage) as of January 11, 2007 was twenty seven thousand one hundred nine ($27,109) dollars. After deducting the above-referenced mortgage pay off figures and 7% for the costs of sale, as provided in 23 Pa. C. S. § 3502 (a) (10.2), the parties stipulate and agree that the net equity subject to equitable distribution is seventy nine thousand nine hundred seventy six ($79,976) dollars. As part of the overall plan of equitable distribution, WIFE will refinance or assume the mortgages in her name alone, with the intended outcome that HUSBAND will be released from all financial obligations on said mortgage and home equity loan. In consideration for the distribution to HUSBAND via QDRO as more specifically described in Paragraph 8 above, HUSBAND will promptly execute a deed conveying all of his right, title and interest in the marital home to WIFE. The parties further stipulate and agree that WIFE will assume and pay the mortgages, as she has done since the parties separation, until such time as she is able to refinance or otherwise remove HUSBAND from the mortgage obligations. WIFE agrees to promptly proceed with application for financing -7- upon notice that HUSBAND has executed this Agreement and shall employ reasonable efforts to complete the refinancing within ninety (90) days of the execution of this Agreement. HUSBAND agrees to promptly cooperate in executing any waivers, deeds, or other documents necessary to complete the transaction. HUSBAND and WIFE agree that WIFE shall bear any expense associated with the costs of refinancing the marital residence and releasing HUSBAND from the joint mortgage obligations presently held by the parties. 12. HOUSEHOLD GOODS AND PERSONAL PROPERTY. The parties stipulate and agree that the parties have previously divided the household goods, and personal property to their mutual satisfaction. At the time that HUSBAND removes the television from the marital home, HUSBAND shall give WIFE two thousand five hundred ($2,500) dollars for the purchase of a replacement television and entertainment center and to replace various household items that he will receive in property distribution. The parties agree that this distribution of goods and personal property is satisfactory and equitable. While some of the property HUSBAND will receive in property distribution remains in the marital residence, HUSBAND stipulates and agrees that he will remove such property within ninety (90) days of the execution of this Agreement. In the event that HUSBAND has not removed the property within the time frame provided herein, WIFE shall have the option of retaining or selling the remaining items. Identification of HUSBAND'S items remaining in the residence at this time are documented at "Exhibit A" attached hereto. 13. ALIMONY. Upon execution of this Agreement, the parties hereby expressly waive, release, and discharge any and all rights or claims which either may now or hereafter have for any and all alimony, spousal support, alimony pendete lite, or spousal maintenance. The parties further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. 14. CHILD SUPPORT. HUSBAND shall pay child support to WIFE for the parties child in the amount of one thousand three hundred fifty ($1350) per biweekly pay period, beginning on the date the Agreement is executed. -8- HUSBAND shall provide health, dental and vision insurance coverage for the child at his expense, unless WIFE obtains comparable health insurance coverage at a more reasonable cost than can HUSBAND. After WIFE has paid the first $250 of unreimbursed medical expenses each calendar year, HUSBAND shall pay 58% and WIFE shall pay 42% of additional unreimbursed medical expenses. WIFE will pay 100% of the cost of day care and summer day camp. Extra curricular activities for the child shall be paid for by the parent that signs the child up for a particular activity. So long as HUSBAND'S child support payments are made by the 31St day of each month, in full he shall be entitled to make payments to WIFE directly. However, should HUSBAND's payment to WIFE be later than the 31St day of the month, WIFE shall be entitled to use this Agreement to obtain an Order, without necessity of hearing, for wage attached child support Order through the Domestic Relations office in the county of her residence. The amount of child support shall not be modifiable downward unless there is an involuntary reduction in HUSBAND'S earning capacity. The amount of child support may be modified upward in accordance with Pennsylvania law and child support guidelines. The parties agree to use the services of a family mediator, before resorting to use of the court to make a decision, if either party seeks to modify the child support obligation. The parties agree to share equally in the cost of the mediator's services and that the child support obligation shall remain the same until the mediation process is completed. For purposes of this Agreement, the parties stipulate and agree that HUSBAND's presumed annual earning capacity is not less than one hundred one thousand ($100,000), plus any bonuses for which he is eligible. This presumptive minimum figure was derived from HUSBAND'S 2005 wages, and car allowance. The parties have agreed that it is in the child's best interest to remain in the residence where she has resided since birth and agree and understand that consistent payment of the full amount of child support shall be necessary for WIFE and daughter to remain in the marital home. 15. CUSTODY. A. Shared Legal Custody. The parties shall to share legal custody of their daughter, Reese Lauren Rettberg, born January 24, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and -9- information of reasonable use to the other parent. All decisions affecting the child's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. B. Physical Custody. Reese shall continue to be in the primary physical custody of WIFE. HUSBAND shall continue to have partial custody as the parties shall agree, following the arrangement that parties have observed since HUSBAND left the marital residence. As primary custodial parent, the parties agree that WIFE shall be entitled to hold the child's passport, unless the child is traveling with HUSBAND, by prearrangement. 16. LIFE INSURANCE. HUSBAND shall maintain life insurance in the amount of on hundred thousand ($100,000) dollars, for the benefit of the child, until September 1, 2021. HUSBAND shall provide proof of the beneficiary designation in favor of the child, with WIFE as trustee, on at least an annual basis. 17. 2006 TAXES AND PAST DUE TAXES. The parties will consult with a tax advisor regarding the most advantageous way to file their taxes for 2006 and shall file in the way that will maximize the tax savings for them both. In the event that taxes are owed for the 2006 tax year, the parties stipulate and agree that the parties will share equally in payment of any balances due. In the event that a refund is due to the parties, the parties further agree to share the refund equally. The parties have heretofore filed joint Federal and state tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or any assessment of any such tax is made against them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is -10- finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 18. COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of the Agreement, including but not limited to the signing of deeds, car titles, and other documents. Upon request, the parties will promptly sign and return Affidavits of Consent and Waivers of Notice of Intent to Request Entry of a Divorce Decree to counsel for WIFE. 19. ATTORNEY FEES. COURT COSTS. WIFE was responsible for the fees associated with the preparation and filing of the Complaint in Divorce, the fee for the appraisal of the marital residence, and the legal fees associated with the preparation of this Agreement. WIFE will pay for the expenses associated with the preparation of the Qualified Domestic Relations Order needed to effect the rollover of funds to HUSBAND provided in Paragraph 8 of this Agreement. Except as otherwise provided herein, each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek contribution thereto from the other party except as otherwise expressly provided herein. 20. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provisions of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. However, the alleged breaching party shall not be required to pay the other party's attorney's fees, costs and expenses if the breach is cured within 14 days of a written demand by one party to the other and providing notice of intent to seek counsel fees. Demand shall be adequate if it is sent via certified mail and provides at least fourteen (14) calendar days from the date of mailing for compliance. For purposes of this provision, and in absence of notice to Defendant to the contrary, the presumptive correct mailing address for notice to the Plaintiff shall be: KIRSTEN I. RETTBERG 400 Arlington Road Camp Hill, PA 17011 - 11 - For purposes of this provision, and in absence of notice to the Plaintiff to the contrary, the presumptive correct mailing address for notice to the Defendant shall be: KEVIN S. RETTBERG 114 November Drive # 1 Camp Hill, PA 17011 In absence of a notice to the other party of change of address, a breaching or alleged breaching party shall not be relieved of obligation for attorney's fees, costs and expenses under this paragraph for failure to receive written demand. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 21. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a) The right to obtain an inventory and the appraisement of all marital and non- marital property; (b) The right to obtain an income and expense statement of either party; (c) The right to have all property identified and appraised; (d) The right to further discovery as provided by the Pennsylvania Rules of Civil Procedure and the Pennsylvania Divorce Code, including but not limited to, written interrogatories, motions for production of documents, the taking of oral deposition, any all other means of discovery permitted under the law; (e) The right to have the court make all determinations regarding marital and non- marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. -12- 22. VOID CLAUSES. If any term, condition, clause or provision of this Agreement, shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 23. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 24. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set for herein. 25. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first written above. A-7 t9jl. Witness - J., I Witness r KIRSTEN I. RETTBER KEVIN S. R BERG :294326 -13- COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF ?--? On thef day of , 2007, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the u rsigned officer, personally appeared KIRSTEN I. RETTBERG known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CARTE€N S. JENSEN, Notary Public Lemoyne 6oro., Cumberland County Notary Public My Commission Expires Dec. 17, 2007 COMMONWEALTH OF PENNSYLVANIA COUNTY OF C,40 P K 'J ss. On the day of 2007, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared KEVIN S. RETTBERG, known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL EJO NNE E. WOL F, NOTARY PUBLIC K TOWNSHIP, YORK COUNTY MISSION EXPIRES APRIL 30, 2011 Notary Public -14- ,EXHIBIT A Husband's clothing and personal items Husband's photos and sports trophies Television :297038 '„} ?-? 1 ? 5,? `? '_ ,? "'! t. r , ,' - r ,. .vl .? . ? , i ti Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 KIRSTEN I. RETTBERG, Plaintiff V. KEVIN S. RETTBERG, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-1936 CIVIL ACTION - LAW 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. Grounds for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Defendant was served on April 12, 2007 via Acceptance of Service, filed April 18, 2007. 3. Complete either Paragraph A or B A. Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff July 19, 2007; by the Defendant July 17, 2007. A N 2007-1936 CIVIL TERM 4. Related claims pending: The Marital Settlement Agreement dated May 21, 2007, shall be incorporated, but not merged, into this Decree in Divorce and is enforceable as an Order of Court as provided in 23 Pa. C.S. §3105. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (c) (1) (i) of the Divorce Code: Waiver of Notice signed by Plaintiff on July 19, 2007, and filed concurrently herewith. Waiver of Notice signed by Defendant on July 17, 2007, and filed concurrently herewith. JOI-INSON, DUIF FIE, STEWART & WEIDNER elissa Peel Greevy :304524 Enclosures c.. _ 4 ,_-_ i 4. ?F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. KIRSTEN i. RETTBERG, PLAINTIFF N 0. 2007-1936 CIVIL VERSUS KEVIN S. RETTBERG, DEFENDANT DECREE I'N DIVORCE AND NOW, I'.A--} 3 oaf, IT IS ORDERED AND DECREED THAT KIRSTEN i. RETTBERG PLAINTIFF, AND KEVIN S. RETTBERG ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marital Settlement Agreement dated May 21, 2007, shall be incorporated, but not merged, into this Decree and is enforceable as an Order of Court as provided in 23 Pa. C.S. §3105. BY THE COURT,: ATTES J. PROTH01I9WARY . 11 01? -4 Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant KIRSTEN I. RETTBERG, Plaintiff V. KEVIN J. RETTBERG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-1936 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION FOR ENTRY OF ORDER UPON STIPULATION AND NOW, comes Kirsten I. Rettberg, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and moves your Honorable Court to enter an Order upon Stipulation of the Parties. The undersigned represents that Defendant concurs with this Motion. Date: 111S 1a7 Respectfully su itted, J HNSON, DUFF E, STEW & WEIDNER B- Melissa Peel Greevy Attorney I.D. No. 77950 301 Market Street Post Office Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorney for Plaintiff :314682 CERTIFICATE OF SERVICE AND NOW, this 5* day of 2007, the undersigned does hereby certify that she did this date serve a copy of the foregoing Motion for Entry of Order upon Stipulation upon the other party of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Kevin Rettberg 114 November Drive #1 Camp Hill, PA 17011 JOHNSON, D FIE, TEWAR WEIDNER B' e issa reevy a 71 ? l V 1 '_ f -73 Kirsten I Rettbera Plaintiff Novo 72007p44V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW - IN DIVORCE Kevin S Rettberg NO. 2007-1936 Defendant QUALIFIED DOMESTIC RELATIONS ORDER 1. This Order relates to the provision of marital property rights to the Alternate Payee. 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") §401(a). The Court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code §414(p) and §206(d) of the Employee Retirement Income Security Act of 1974 as amended ("ERISA"). The Court enters this QDRO pursuant to its authority under 23 P.C.S.A. §3502. 3. This QDRO applies to the Mishkin Enterprises, Inc. Profit Sharing Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other plan(s) to which liability for provision of the Participant's benefits described below is incurred. Any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 4. Kirsten I. Rettberg ("Participant") is a participant in the Plan. Kevin S. Rettberg ("Alternate Payee"), the former spouse of the Participant, is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: Kirsten I. Rettberg 400 Arlington Road Camp Hill, PA 17011 Social Security #: 162-48-0605 Date of Birth: May 19, 1971 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Kevin S. Rettberg 114 November Drive, No. 1 Camp Hill, PA 17011 Social Security #: 139-78-4174 Date of Birth: May 10, 1972 YNbttWWd C0 :Z Nd £ 1 AON LOOZ ?&iONOrdOdd ?Ht d4 io-am 4DRO. „ Page 2 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The portion of the Participant's plan benefits payable to the Alternate Payee under this QDRO is $40,000.00 of the Participant's vested account balance as of the date of distribution. 8. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. 11. The Plan shall distribute to the Alternate Payee his benefits (as designated in Paragraph 7 of this Order), as soon as administratively feasible following the Plan Administrator's approval of this Order. 12. The distribution pursuant to an election by the Alternate Payee shall be a lump sum payment to him or a direct rollover to an Individual Retirement Account or a direct rollover to another eligible retirement plan. 13. On and after the date that this order is deemed to be a QDRO, but before the Alternate Payee receives his distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the right to name a beneficiary, to the extent permitted under the Plan. 14. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 15. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code §414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the order at the time benefits become payable hereunder. 16. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall immediately reimburse the Alternate Payee to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Participant to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) day of receipt. QDRO, < Page 3 17. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 18. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 19. The Alternate Payee's right to the amount assigned to him under this QDRO shall not be affected by the Participant's death (whether before or after benefit payments to the Alternate Payee have commenced). In the event of the Alternate Payee's death prior to the commencement of benefit payments to the Alternate Payee pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO as soon as practicable to any beneficiary designated by the Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. If no designated beneficiary survives the Alternate Payee, benefits shall be paid to the Alternate Payee's estate. 20. The Plan shall treat this QDRO in accordance with Code §414(p)(7). As soon as administratively practicable after receipt of the proposed QDRO, while the Plan is determining whether this order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee. 21. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. 22. In the case of a conflict between the terms of this QDRO, and the terms of the Plan, the terms of the Plan shall prevail. ` QDRO' Page 4 23. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. Accepted and ordered this 1 k' day of N o y , Z 0 a CONSENT TO ORDER: LC U-) 9,? 44" Plaintiff/Par&ipan Date Attorney for Plaintiff/ Date Participant DefendantWter a Payee l? Date Attorney for Defendant/ Date Alternate Payee BY THE COURT