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HomeMy WebLinkAbout07-55050 David F. Tamanini, Esquire Attorney I.D. No. 27775 UuANINI LAW OFFICE 4800 LINGLESTowN ROAD, SUITE 309 HARRISBURG, PENNSYLVANIA 17112-9507 BERNADETTE M. HENNING, PLAINTIFF VS. W. SCOTT HENNING, DEFENDANT Telephone (717) 541-1805 dft@TamaniniLaw.com Attorney for Plaintiff, Bernadette M. Henning : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: 07- ,r5&r CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you 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 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 A DIVORCE ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone Number: (717) 249-3166 or 800-990-9108 y BERNADETTE M. HENNING, PLAINTIFF VS. W. SCOTT HENNING, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: 6'7- CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AND NOW comes the Plaintiff, BERNADETTE M. HENNING, by and through her attorney, David F. Tamanini, Esquire, and files this Complaint in Divorce and in support thereof avers the following. COUNT I - DIVORCE 1. The Plaintiff is BERNADETTE M. HENNING, who currently resides at 400 River Bend Drive, Enola, Cumberland County, Pennsylvania 17025, since on or about June 21, 2002. 2. The Defendant is W. SCOTT HENNING, who currently resides at 400 River Bend Drive, Enola, Cumberland County, Pennsylvania 17025, since on or about June 21, 2002. 3. Both the Plaintiff and the Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 17, 1992, in Hershey, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties during the current marriage. 6. The marriage is irretrievably broken. ? Y 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. 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff requests this honorable court grant the relief requested. COUNT 11- EQUITABLE DISTRIBUTION OF PROPERTY 9. The Plaintiff incorporates by reference Paragraphs 1 through 8 of the Complaint as though more fully set forth herein. 10. The parties own marital property as that term is defined in the Divorce Code, 23 Pa.C.S. §3101 et seq. WHEREFORE, pursuant to the Divorce Code, 23 Pa.C.S. § 3101 et seq. Plaintiff requests this Honorable Court to equitably divide, distribute or assign the marital property between the parties. 11. The Plaintiff incorporates by reference Paragraphs 1 through 10 of the Complaint as though more fully set forth herein. 12. Plaintiff has retained the services of David F. Tamanini, Esquire, and the counsel fees, costs and expenses for representation in this action will be substantial and continuing. 13. The Plaintiff is without sufficient funds, income or assets to pay such counsel fees, costs and expenses and lacks the same to provide for her reasonable needs and is unable to support herself fully through employment. 14. The Defendant has sufficient assets and income to provide continuing support for Plaintiff. 15. The Plaintiff may need to retain the services of a certified public accountant, appraiser and other experts with regard to this action. WHEREFORE, pursuant to the Divorce Code, 23 Pa.C.S. § 3101 et seq., Plaintiff prays that this Honorable Court enter an award for alimony pendente lite, preliminary and interim counsel fees, costs and expenses, and to enter a final award for counsel fees, costs and expenses. COUNT IV - ALIMONY 16. The Plaintiff incorporates by reference Paragraphs 1 through 15 of the Complaint as though more fully set forth herein. 17. Plaintiff lacks sufficient assets to provide for her reasonable needs and is unable to support herself fully through employment. 18. Defendant has sufficient assets and income to provide continuing support for Plaintiff. WHEREFORE, pursuant to the Divorce Code, 23 Pa.C.S. § 3101 et seq., Plaintiff requests that this Honorable Court enter an Order granting alimony. Respectfully submitted, -? Zg7 David F. Tamanini, squire 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112 Attorney ID No. 27775 (717) 541-1805 . . ? 11b. VERIFICATION I verify that the statements made in this Complaint are true and correct to the best of my 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: qJ1910 7 0 Ad AA /"V Ve adette M. e w ? n J W ?? ? ? w n BERNADETTE M. HENNING, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO: 07-5505 CIVIL TERM W. SCOTT HENNING, : CIVIL ACTION - LAW DEFENDANT : IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the NOTICE TO DEFEND AND CLAIM RIGHTS and COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE. / 19// ? 0.07 Date `,!- r --a rn W. Scott Henning, Esquire I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax: (717) 233-3029 E-mail: Hennina(fthrlaw.com BERNADETTE M. HENNING IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-5505 CIVIL TERM W. SCOTT HENNING CIVIL ACTION - LAW Defendant IN DIVORCE DEFENDANT'S ANSWER TO COMPLAINT AND DIVORCE COUNT I - DIVORCE Admitted with clarification. It is acknowledged that the Plaintiff, Bernadette M. Henning was residing at 400 River Bend Drive, Enola, Cumberland County, Pennsylvania, on the date of the filing of the Complaint and Divorce, however, presently the Plaintiff is not residing at that address and the Defendant does not have any knowledge as to the current residence of the Plaintiff. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. 7. Admitted based upon the representation made by the Plaintiff. 8. Paragraph 8 is a request for relief to which no responsive pleading is required. COUNT II - EQUITABLE DISTRIBUTION OF PROPERTY 9. Paragraph 9 is an incorporation paragraph to which no responsive pleading is required. 10. Admitted with clarification. It is admitted that the parties have certain property that is subject to equitable distribution, however, the parties executed a Prenuptial Agreement that serves to shield and preserve certain property/assets from equitable distribution. COUNT III - ALIMONY PENDENT LITE, COUNSEL FEES, COSTS AND EXPENSES 11. Paragraph 11 is an incorporation paragraph to which no responsive pleading is required. 12. Admitted in part. Denied in part. The Defendant acknowledges, based on information received, that the Plaintiff has retained the services of David F. Tamanini, Esquire. The Defendant cannot admit or deny whether the counsel fees in this matter will be "substantial or continuing" since in large part that depends on the reasonableness and actions of the Plaintiff. 13. Denied. It is denied that Plaintiff is without sufficient funds to pay for counsel fees, costs and expenses. Among substantial other assets in the possession of the Plaintiff, the Plaintiff unilaterally withdrew $25,000.00 from the parties' joint checking account and removed $2,000.00 in cash from the marital residence upon her departure from the marital residence. 14. Denied. The parties entered into a Prenuptial Agreement dated October 14, 1992, which inter alia, in paragraph IV, sub-paragraph F waived any right to receive payments on account of spousal support, maintenance, alimony pendent lite, 2 alimony, counsel fees or costs or any other payments of a similar nature. 15. Denied. The parties entered into a Prenuptial Agreement dated October 14, 1992, which inter alia, in paragraph IV, sub-paragraph F waived any right to receive payments on account of spousal support, maintenance, alimony pendent lite, alimony, counsel fees or costs or any other payments of a similar nature. Plaintiff's Count for alimony, pendent lite, counsel fees and costs is a violation envisioned by 42 Pa.C.S. §2503, which proscribes the filing of claims for relief that are arbitrary, vexatious or in bad faith. Plaintiff and Plaintiff's counsel were unequivocally aware that a Pre-Nuptial Agreement existed and that the Pre-Nuptial Agreement precluded spousal support, alimony pendent lite, counsel fees and costs, and alimony. If Plaintiff continues pursuit of the relief request in this Count and does not immediately withdraw the same with prejudice, the Defendant reserves the right to seek counsel fees, costs and other sanctions against the Plaintiff. WHEREFORE, the Defendant requests the Honorable Court to deny an award for alimony pendent lite, preliminary and interim counsel fees, costs and expenses. COUNT IV - ALIMONY 16. Paragraph 16 is an incorporation paragraph to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, the Defendant incorporates his response to paragraph 14, as though fully set forth herein. 17. Denied. The parties entered into a Prenuptial Agreement dated October 14, 1992, which inter alia, in paragraph IV, sub-paragraph F waived any right to receive payments on account of spousal support, maintenance, alimony pendent lite, alimony, counsel fees or costs or any other payments of a similar nature. By way of further answer, the Plaintiff is a young, healthy, intelligent individual who should have no problem seeking employment that would allow her to be fully financially self- sufficient. 18. Denied. The parties entered into a Prenuptial Agreement dated October 14, 1992, which inter alia, in paragraph IV, sub-paragraph F waived any right to receive payments on account of spousal support, maintenance, alimony pendent lite, alimony, counsel fees or costs or any other payments of a similar nature. Plaintiff's Count for alimony, is a violation envisioned by 42 Pa.C.S. §2503, which proscribes the filing of claims for relief that are arbitrary, vexatious or in bad faith. Plaintiff and Plaintiff's counsel were unequivocally aware that a Pre-Nuptial Agreement existed and that the Pre-Nuptial Agreement precluded alimony. If Plaintiff continues pursuit of the relief request in this Count and does not immediately withdraw the same with prejudice, the Defendant reserves the right to seek counsel fees, costs and other sanctions against the Plaintiff. WHEREFORE, the Defendant requests the Honorable Court to deny and dismiss the Plaintiffs request for alimony. Respectfully submitted, HANDLER, HENNING Date: 1 C? 4- ? By I.D. #32298 W. Scott He i 71100 1300 LinglestoHarrisburg, PA (717) 238-2000 4 d , LLP VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) W. SCOTT HENNING, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Date: ??°? ?- --' .-? r? -r? ?:;;?, ? ?,-t ? ? j'Y1 i ? ' "'"`? '°? , f Y ?,? ?? ? ? ?y ? ? "` ` Wr? :. : . ? ' - ,t- C._- ^?' •-G BERNADETTE M. HENNING, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO: 07-5505 CIVIL TERM W. SCOTT HENNING, : CIVIL ACTION - LAW DEFENDANT : IN DIVORCE ORDER AND NOW, on this day, , 2007, upon consideration of the attached Petition for Emergency Special Relief, it is hereby directed that the parties and their respective counsel appear for a hearing on , at .m., in Courtroom , th floor, at the Cumberland County Courthouse, Carlisle, Pennsylvania. FOR THE COURT: By: J. Distribution: C7 W. Scott Henning, Esquire, 1300 Linglestown Road, Harrisburg, PA 17110 David F. Tamanini, Esquire, 4800 Linglestown Road, Suite 309, Harrisburg, PA 17112 David F. Tamanini, Esquire Attorney I.D. No. 27775 TAMANINI LAW OFFICE Telephone (717) 541-1805 4800 LINGLESTOWN ROAD, SUITE 309 dft@TamaniniLaw.com HARRISBURG, PENNSYLVANIA 17112-9507 Attorney for Plaintiff, Bernadette M Henning BERNADETTE M. HENNING, PLAINTIFF VS. W. SCOTT HENNING, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: 07-5505 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION FOR EMERGENCY SPECIAL RELIEF 1. The above-referenced matter was commenced by a Divorce Complaint filed on September 18, 2007. 2. The defendant, a licensed attorney, filed an Answer on or about October 10, 2007, and is representing himself. 3. This court has jurisdiction over a request for special relief under 23 Pa.C.S. 3323 (f), and 23 Pa.C.S. 3502, et. seq. and Pa.R.C.P. 1920.43. 4. No assignment of this docketed matter has been made to a judge. 5. The defendant has plead but not attached a copy of a purported Prenuptial Agreement in defense of the plaintiffs claims for equitable distribution, alimony pendente lite, attorney fees and costs, and alimony in the complaint. 6. The plaintiff does not admit the validity, content or enforceability of the purported agreement, and any reference herein to a Prenuptial Agreement is without any agreement of its validity, content or enforceability in addition to any defenses of the plaintiff to the purported agreement, which is/are not at issue in this Petition. 7. The defendant has denied plaintiff support and maintenance, and has withheld any funds for her necessaries, including but not limited to housing. 8. At this time, the parties have a combined estate worth at least 5 million dollars as defined in the divorce code. 9. Even if the defendant prevails in asserting the enforceability of the proffered Prenuptial Agreement, denying the plaintiff support, equitable distribution and other rights, there are jointly owned assets of very significant value which the plaintiff will receive one-half of upon divorce. This is so even with an interpretation most negative to plaintiff of her property entitlements under the purported agreement. 10. The plaintiff cannot reach any assets in joint names at this time for her financial needs because the defendant has instructed financial institutions to deny her access. 11. If the defendant prevails in asserting the enforceability of the proffered Prenuptial Agreement, even with the most negative interpretation to the plaintiff, there are significant jointly held assets which are highly 2 liquid and under defendant's control which he could release to the plaintiff for her use pending a resolution of the other issues. 12. Plaintiff seeks an interim distribution of a relatively limited amount of assets for her reasonable needs to regain and maintain a standard of living approaching that which existed prior to separation since she is unable to support herself fully through employment. 13. Defendant continues to earn approximately $100,000 per month since separation. The defendant earns income of more or less $1,000,000 per year. 14. Consistent with the above statements, plaintiff is without sufficient funds to pay such counsel fees, costs and expenses attendant to a likely highly complex litigation which defendant can afford. 15. The defendant has offered and the plaintiff has accepted defendant's offer to pay for her attorney fees, however payments are dependant upon the defendant's motivation which may be problematic during litigation. 16. The plaintiff and defendant are joint owners of two dogs identified as Ivan and Fritz which defendant has failed to care for properly since the separation, and that he has kept from the plaintiff who has been the primary care giver of the pets. 17. The plaintiff is currently working part-time in a clerical position, where she worked during the marriage, and is forced to temporarily live with a friend. 3 18. There are, at minimum, jointly owned and or titled marital assets of over 3 to 4 million dollars which would be divided equally even if the proffered Prenuptial Agreement were held to be a valid defense to the plaintiffs rights under the divorce code. 19. The plaintiff has been cut off from use of joint credit cards, and is unable to acquire a replacement card from the prior credit card company. 20. The plaintiff prior to separation had sole use of two vehicles among many vehicles used by the parties. The vehicles are a 2001 Lexus RX 300 which plaintiff uses regularly, and a 2005 Lexus SC 430 (titled in the defendant's name alone). It is uncontested that the SC 430 was a gift from the defendant to the plaintiff alone. The RX 300 is titled in joint names. 21. The defendant has removed plaintiff's authority to access assets from any of the jointly owned financial assets of the parties. 22. Plaintiff believes that the defendant has the ability to remove assets from the jointly owned accounts, which contain approximately 2.47 million dollars in funds and assets, and may re-title the assets in his own name alone. 23. The defendant has changed the locks on the marital home, excluding the plaintiff from access to the home without just cause. 24. The plaintiff has disclosed the contents of the petition to the defendant, and he is expected to not concur with the petition. 4 WHEREFORE, the plaintiff respectfully requests that this honorable court grant the following relief on an interim basis, pending the resolution of the enforceability of the Prenuptial Agreement document as an alleged bar to equitable distribution, alimony pendente lite, attorney fees and costs, and alimony under the divorce code. a. Plaintiff respectfully requests that the defendant be required to advance $200,000 to the plaintiff for the purposes indicated herein. The advance should be credited against her share of jointly owned assets whether or not the purported Prenuptial Agreement is upheld as a bar to equitable distribution. b. Plaintiff requests that this honorable court order the defendant to maintain all life insurance policies in effect on the date of separation and continue all beneficiary designations of any funds or accounts currently naming the plaintiff. c. Plaintiff respectfully requests that this honorable court order a continuation of health insurance coverage with new plan and coverage cards as was done during the pre-separation period of the marriage. d. Plaintiff requests that this honorable court enjoin defendant from transferring any and all assets in joint or sole names pending further order of the court or agreement between the parties. e. Plaintiff requests that this honorable court require defendant to reopen one of the formerly joint credit card account which he recently changed or cancelled, for the sole use of plaintiff. 5 f.. Plaintiff requests that this honorable court order the defendant to transfer title to the above-mentioned Lexus RX 300 vehicle from joint ownership to the plaintiff's name as sole owner, and the Lexus SC 430 from the defendant's name to plaintiff's name as sole owner. g. Plaintiff requests that this honorable court order the defendant to transfer possession of the two above identified dogs to the plaintiff for her care and maintenance pending the final resolution of the divorce. h. Plaintiff requests that this honorable court order such other relief as equity and justice require. Respectfully submitted, David F. Tamanini, Esquire 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112 Attorney ID No. 27775 (717) 541-1805 Attorney for Plaintiff 6 VERIFICATION I verify that the statements made in this Petition are true and correct to the best of my 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: /1 2 7/U ern dette M. Hennin 7 BERNADETTE M. HENNING, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO: 07-5505 CIVIL TERM W. SCOTT HENNING, : CIVIL ACTION - LAW DEFENDANT : IN DIVORCE PROOF OF SERVICE I, Marie K. Zeigler, assistant to David F. Tamanini, attorney for the Plaintiff, hereby certify that I am this day serving the foregoing document upon the following person, in the manner indicated below, which service satisfies the requirements of Pa.R.C.P. 440: Service by first-class mail addressed as follows: W. Scott Henning, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Dated: TAMANINI LAW OFFICE ; ?/l ; , - ? ?,;, '/' '4" Marie K. Zeigler, Wsis t tq/ David F. Tamanini, Es uire Attorney ID No. 27775 4800 Linglestown Road, Ste. 309 Harrisburg, PA 17112 (717) 541-1805 Attorney for Plaintiff ??" ?_ ?:, ?_ {;> ?? J'i "^''=? ?s ?? ic::} r t t, :r .?, ? } ,; _,. ? + .? ?+?? T r„„? _-'' Cdr -'-+::7 .? W. Scott Henning, Esquire I . D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax: (717) 233-3029 E-mail: Hennina(fthrlaw.com BERNADETTE M. HENNING IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. W. SCOTT HENNING Defendant NO. 07-5505 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S RESPONSE TO PETITION FOR EMERGENCY SPECIAL RELIEF 1. Admitted. 2. Admitted. 3. The allegation set forth in Paragraph 3 is a jurisdictional paragraph to which no responsive pleading is necessary. 4. Admitted. 5. Admitted with clarification. It is admitted that the Defendant did not attach a copy of the Prenuptial Agreement to his Answer to the Divorce Complaint, however, it was clear from prior communications between Plaintiff, Plaintiff's counsel and Defendant that Plaintiff and Plaintiff's counsel were privy to a copy of the Prenuptial Agreement. 6. Paragraph 6 is a statement on the part of the Plaintiff with regard to the validity and enforceability of the Prenuptial Agreement, to which no responsive pleading is required, however, the Defendant asserts that the Prenuptial Agreement is a validly signed document and there is not any issue concerning its enforceability. 7. Denied. It is denied that Defendant has denied the Plaintiff support and maintenance and has withheld funds for her necessaries, including but not limited to housing. To the contrary, the Plaintiff voluntarily and unilaterally vacated the marital residence. Moreover, simultaneous with vacating the marital residence, the Plaintiff removed $25,000.00 from the parties' joint checking account and removed $2,000.00 in cash that was maintained in the residence. Further, at no time has Defendant denied Plaintiff additional funds in order to support herself. To the contrary, the Defendant has made various overtures to Plaintiff's counsel, requesting the Plaintiff to advise the Defendant as to what the Plaintiff was seeking in terms of a property distribution, so as to avoid the unnecessary step and expense associated with filing Petitions such as the instant Petition. At no time has the Plaintiff responded with a list of the property items that she desires so as to finalize the property distribution. 8. Denied. Although the Defendant acknowledges that the parties have accumulated a substantial estate, as the result of the efforts and professional endeavors of the Defendant, the Defendant does not believe that the total assets that would be deemed to be marital property equal or exceed five million dollars. 9. Admitted in part. Denied in part. It is acknowledged that there are significant jointly owned assets, which were created through the efforts and professional endeavors of the Defendant and most of which were in Defendant's sole name, but more recently placed in joint names so as to placate the Plaintiffs wishes. By way of further answer and as Plaintiff's counsel is patently aware, Pennsylvania is not a community property state, but rather an Equitable Distribution state, and hence, to 2 assert that Plaintiff will receive or is entitled to one-half of the assets is an improper assumption, especially when one factors the parties' respective contributions to the creation of the assets. 10. Denied. The financial institutions at which the parties maintain their stocks, bonds and cash assets are aware of the parties' pending divorce, and hence, they have indicated that neither party can remove funds from the accounts without written authorization from the other party. For example, the Plaintiff endeavored to withdraw all of the funds in the parties' TD Ameritrade account, which contained approximately $220,000.00, however, a "freeze" had been placed on the account which prohibits either party from unilaterally withdrawing the funds. 11. Denied. Defendant incorporates his response to Paragraph 10 as though fully set forth herein. By way of further answer, it is denied that the jointly held assets are under the Defendant's control. At this point in time, the jointly held assets are not under the control of either party to dispose of in a unilateral fashion. 12. Denied as stated. As previously set forth, the Defendant has been prompting the Plaintiff to provide a full and comprehensive list of those items that she is seeking as a global property settlement distribution. The Plaintiff is fully aware of the nature and extent of the parties' assets and there is no reason why she is not in a position to make a full and comprehensive proposal for property distribution at this juncture. To that extent, a so-called interim distribution would not be necessary. 13. Admitted for the calendar year 2006, but irrelevant to the issues involved in these divorce proceedings. 14. Denied. The parties do not have any children for which there are custody and support issues, and hence, the litigation involved in these divorce 3 proceedings is not "highly complex". The Defendant further emphasizes that he has requested the Plaintiff to set forth a comprehensive proposal for property distribution so as to avoid the unnecessary incurrence of counsel fees, costs and expenses and the filing of Petitions, such as the instant Petition. 15. Denied. It is denied that the Defendant has offered to pay the Plaintiff's attorney fees, with the Plaintiff presumably accepting this offer of settlement. What the Plaintiff and Plaintiffs counsel are misinterpreting is the Defendant's statement in correspondence to Plaintiff's counsel that he will be paying for the Defendant's attorney fees, simply because the Plaintiff does not have her own source of income. Defendant's counsel set forth this statement simply to emphasize that the Defendant will not countenance the incurrence of unnecessary attorney fees that are frequently generated in divorce litigation by filing unnecessary Petitions, Motions and implementing unnecessary litigation to resolve straightforward property distribution issues. 16. Admitted in part. Denied in part. It is admitted that the parties are owners of two dogs, known as Ivan and Fritz, however, it is expressly denied that the Defendant has failed to properly care for the two dogs since the parties' separation. It is further denied that the Plaintiff has been the primary care giver for the pets. Whereas it is acknowledged that the Plaintiff may have taken the dogs to their veterinary appointments and to grooming appointments, this was only done by virtue of the fact that the Plaintiff did not work or during some portions of the marriage only worked minimal part time hours. By way of further answer, the Defendant asserts that he has always shown far more love and attention to the dogs than the Plaintiff and that the larger of the two dogs, Ivan, is the type of dog that needs the ability to roam the wide-open expanses of the Defendant's residence, which has 12 acres of wooded 4 areas. The Defendant asserts that Ivan would not thrive and do well in an environment in which he is confined to a town home or tract house. Further, since the two dogs have been together for three years, the Defendant further asserts that it would be inappropriate to remove Fritz, the smaller dog, from the Defendant's residence. 17. Denied. Defendant does not have any firsthand knowledge as to whether the Plaintiff is currently working part time in a clerical position. At the time of the parties' separation and for several months prior thereto, the Plaintiff was not working since she had voluntarily terminated her part time employment at the Changes Salon. With regard to the second allegation set forth in Paragraph 17, it is denied that the Plaintiff "is forced to temporarily live with a friend". The Plaintiff elected to voluntarily vacate the marital residence and she had the alternative of utilizing the $27,000.00 in cash she appropriated to either place a down payment on a home, rent a townhouse or apartment, or to move in with her mother, who resides in the Harrisburg area. The Plaintiff voluntarily chose to temporarily live with her girlfriend, who in turn resides with her parents in a home in Boiling Springs, Pennsylvania. 18. Denied. For the reasons set forth in Paragraph 9, the Defendant disagrees with the Plaintiff's analysis of the sums that are subject to equitable distribution, especially when one factors in the terms and conditions of the Prenuptial Agreement. 19. Denied as stated. After the Defendant became aware that the Plaintiff unilaterally and voluntarily vacated the marital residence and simultaneously appropriated $27,000.00 in cash, and then only after the Defendant was served with Divorce papers, while the Plaintiff was vacationing at the parties timeshare condo in Aruba, the Defendant deemed it wise and appropriate to discontinue the parties' two joint credit cards. With regard to the allegation that the Plaintiff is unable to acquire a 5 credit card, the Defendant finds it difficult to conclude that the Plaintiff would not be able to obtain a credit card in her own name and questions whether she has even endeavored to obtain a credit card in her own name. 20. Denied. It is acknowledged that the parties owned, inter alia, a 2001 Lexus RX300 and a 2005 Lexus SC430. It is admitted that the Lexus RX300 is titled in joint names and the 2005 Lexus SC430 is titled solely in the Defendant's name. It is expressly denied that the Plaintiff, prior to separation, had the sole use of these two vehicles. The Defendant drove both vehicles on numerous occasions, especially the 2001 Lexus RX300. The Defendant is required by his work activities to frequently travel throughout Pennsylvania for business trips during inclement weather, and thus utilized the 2001 Lexus RX300. Defendant asserts that the Plaintiff has full and unfettered possession of the 2005 Lexus SC430 and is not in need of the 2001 Lexus RX300. To the contrary, the Defendant requires that vehicle in order to conduct business trips during inclement weather and to gain access to the Defendant's residence which is on a private lane with a steep incline, a means of egress and ingress, which cannot be traveled by a non-SUV vehicle. 21. Denied. Defendant incorporates his reply to Paragraphs 10 and 11 as though fully set forth herein. 22. Denied. In addition to incorporating his response to Paragraphs 10 and 11 as though fully set forth herein, the Defendant expressly denies that he has any intent to remove any assets from the Smith Barney account, Merrill Lynch account, or TD Ameritrade account. The Defendant does acknowledge that he removed the remaining portion of the funds in the parties' joint checking account, since the Defendant is the party confronted with making the payments on the parties' debt obligations, so as to properly preserve and maintain the parties' assets. The Defendant 6 was fearful that the Plaintiff would appropriate the remaining portion of the joint checking account for her own use, in addition to the $25,000.00 that she had appropriated on the day she voluntarily vacated the marital residence. 23. Admitted in part. Denied in part. The Plaintiff fully acknowledges that upon the Plaintiff voluntarily and unilaterally vacating the marital residence that he changed the locks on the marital residence, however, it is expressly denied that the Defendant has excluded the Plaintiff from the marital residence without just cause. Under the circumstances of the Plaintiff electing to unilaterally and voluntarily vacate the marital residence, the Defendant changed the locks on the marital residence for his own safety. 24. Admitted with clarification. It is admitted that Plaintiff has disclosed the contents of the Petition to the Defendant on the day prior to the Plaintiff's indication of her intent to file the Petition. The Defendant concurs with certain requests for relief and denies certain requests for relief as set forth in the Wherefore clause. WHEREFORE, Defendant requests the Honorable Court to grant or deny the Plaintiffs requested relief as follows: a) The Defendant will concede to have the sum of $50,000.00 be tendered to the Plaintiff from one of the joint accounts, with that payment being credited against the share of assets to which she is subsequently deemed entitled to receive pursuant to the Equitable Distribution provisions of the Pennsylvania Divorce Code as modified by the terms of the Prenuptial Agreement. b) The Defendant does not have any present intention to alter the beneficiary designations of any life insurance policies that are currently in effect and which identify the Plaintiff as a beneficiary. 7 C) Defendant does not have any intention to discontinue the health insurance coverage that is presently in place with Highmark Blue Shield, which provides health insurance coverage, dental coverage and eye care coverage to the Plaintiff and Defendant. Indeed, the Defendant has recently provided the Plaintiff with the new health insurance coverage cards due to the fact that the Defendant's employer recently changed its coverage from Capital Blue Cross to Highmark Blue Shield. d) The Defendant has no intention of transferring any assets that are either in the parties' joint names or in his sole name. With full disclosure in mind, the Defendant does acknowledge that there have been some recent stock sale/purchase transactions which were made at the suggestion of the stockbroker, but these transactions have all remained within the balance of the account and were solely made to augment and/or preserve the bottom line value of the account. e) The Defendant does not concur with the Plaintiff's request for the Honorable Court to require the Defendant to re-open one of the former joint credit card accounts. The credit card account with Bank of America/Visa was closed and if Plaintiff wishes to have another Visa credit card, she should simply open up a card in her own name. The only other credit card maintained by the parties was an American Express card that is a business related card. Historically, that card was only in the Defendant's name and the name of the Defendant's business (law firm). Only recently, approximately four to five months ago, the Defendant added the Plaintiffs name as being an individual with the ability to charge on that account. At the time the Plaintiff voluntarily and unilateral vacated 8 marital residence, the Plaintiff's name was removed from that card. The Defendant does not believe that it is appropriate for the Honorable Court to order the Defendant to place the Plaintiff's name back onto that card and allow the Plaintiff carte' blanche to charge on that card. On and after the date of the parties' separation, it is incumbent upon the Plaintiff to obtain and maintain her own credit card accounts. f) For the reasons identified by the Defendant as set forth in response to Paragraph 20, the Defendant requests the Honorable Court to deny the Plaintiff's request for a transfer of title and possession of the Lexus RX300. In short, the Plaintiff has no need for this additional vehicle and she will have adequate funds to otherwise purchase a second vehicle if she has a real necessity to have a second vehicle. g) The Defendant requests the Honorable Court to deny the Plaintiff's request to transfer possession of the two dogs to the Plaintiff. The two dogs are very well adjusted in their current household domicile, which is the only domicile in which they have lived. It would be disruptive to their ability to thrive and be happy to remove them from their current residence. Defendant has acknowledged that the Plaintiff will be entitled to equitable distribution of certain portions of the assets accumulated during the marriage, despite the fact that the parties substantial assets were all acquired through the efforts of the Defendant, however, from the outset, the Defendant has advised Plaintiff and Plaintiff's counsel that the possession of the dogs was a non-negotiable item. 9 h) The request for relief in Paragraph (h) is a catch-all request for relief. Defendant asserts that at this juncture, the Plaintiff is not entitled to any other relief. Date: //- ?2 7' Gov l Respectfully sDEuire By W. Scott AI.D. #32298 1300 Linglestown Road Harrisburg, PA 171 10 (717) 238-2000 10 W. Scott Henning, Esquire I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax: (717) 233-3029 E-mail: HenninaMhhrlaw.com BERNADETTE M. HENNING IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-5505 CIVIL TERM W. SCOTT HENNING CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE ?? "4_ On the ,jV?day of November, 2007, 1 hereby certify that a true and correct copy of Plaintiffs Complaint was served upon the following by depositing in U.S. Mail; David F. Tamanini, Esq. P.O. Box 6206 4298 Maryland Court Harrisburg, PA 17112-6206 Respectfully submitted, HANDLER, Date: l / -ZOO 7 SENBERG, LLP By - W. Scott Henning, dqu I.D. #32298 1300 Linglestown Road Harrisburg, PA 171 10 (717) 238-2000 CD t.. Piz ?? r ` DEC 0 s 2007/0? BERNADETTE M. HENNING, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO: 07-5505 CIVIL TERM W. SCOTT HENNING, : CIVIL ACTION - LAW DEFENDANT : IN DIVORCE ORDER AND NOW, on this day, (.0 2007, upon consideration of the attached Petition for Emergency Special Relief, it is hereby directed that the parties and their respective counsel appear for a hearing on U'"'??'?- Jj ?od7 at A'0 0 1.m., in Courtroom rw y th floor, at the Cumberland County Courthouse, Carlisle, Pennsylvania. FORT T: By: _- w J. Distribution: W. Scott Henning, Esquire, 1300 Linglestown Road, Harrisburg, PA 17110 David F. Tamanini, Esquire, 4800 Linglestown Road, Suite 309, Harrisburg, PA 17112 r 'r _ t-0211IJ I hr BERNADETTE M. HENNING, Plaintiff VS W. SCOTT HENNING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5505 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this 12th day of December, 2007, after conference, it is hereby ordered and directed as follows. 1. The parties are the owners of various joint accounts at the following financial institutions: Smith Barney, Dreyfus, AMERITRADE, Susquehanna Bank [formerly Community Banks], Commerce Bank, and Merrill Lynch. Plaintiff shall receive a total distribution of $200,000 from any on or combination of those accounts. No other distributions shall be made from any of those accounts without further order of court or agreement signed by both parties. Provided, however that Defendant may write checks against the "Scober" account to pay necessary expenses in connection with the parties' investment properties as long as he makes regular accountings to the Plaintiff or her counsel. The Susquehanna Bank has no obligation to assure that the disbursements from the "Scober" account are for proper purposes. 2. Either party shall, upon request directed to the financial institution, be provided with copies of statements in connection with any joint account. This order shall not be deemed to limit the financial institution from charging its normal fees for making extra copies of the requested account statements. 3. By close of business on Friday, December 14, 2007, the Defendant shall transfer to Plaintiff the 2005 Lexus SC 430. 4. The Defendant shall provide Plaintiff a key to the marital residence. 5. Neither party shall remove any items from the marital residence without the consent of the other party. Furthermore, neither party shall dissipate any joint or marital assets. This is a temporary order entered in connection with Plaintiff's Petition For Special Relief. Nothing in this order is intended to in any way affect the rights of either party to equitiable distribution and/or division of joint assets. These matters shall be determied at a later date after a full hearing on the merits. By e Court, Edward E. Guido, J. avid F. Tamanini, Esquire 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112 For the Plaintiff Scott Henning, Esquire 1300 Linglestown Road Harrisburg, PA 1711 Pro Se J :mlc VIN'VAWNN3d AINnon C l: t! WV L 1 330 LODZ AWiONvl-il QW 3Hi 3OL40- l W. Scott Henning, Esquire I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Defendant Fax: (717) 233-3029 E-mail: Henninjo0hhrlaw.com BERNADETTE M. HENNING IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-5505 CIVIL TERM W. SCOTT HENNING CIVIL ACTION - LAW Defendant IN DIVORCE PETITION FOR EXCLUSIVE OCCUPANCY OF THE MARITAL RESIDENCE TO THE HONORABLE JUDGES OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA The Petition of W. Scott Henning respectfully represents that: The Petitioner is W. Scott Henning who resides at 400 Riverbend Drive, Enola, Cumberland County, Pennsylvania. 2. Respondent is Bernadette M. Henning, who presently resided at an address unknown, but she receives mail c/o her mother's address at 108 N. 46"' Street, Harrisburg, Dauphin County, Pennsylvania. 3. Petitioner and Respondent are husband and wife, having been married on October 17, 1992. 4. On or about September 21, 2007, Respondent instituted the above- captioned divorce action. 5. At the time of the filing of the divorce action, the parties were residing at the marital residence located at 400 Riverbend Drive, Enola, Cumberland County, Pennsylvania. 6. In or about September 21, 2007, the Respondent voluntarily vacated the marital residence. 7. The Petitioner and Respondent do not have any minor children or children in common. 8. Respondent voluntarily vacated the marital residence to seek a new life, and has found residency elsewhere, and hence, she has demonstrated the ability or intent to obtain a place of residence on her own separate and apart from residing in the marital residence. 9. Shortly following the Respondent's unilateral vacation of the marital residence, Respondent was permitted access to the marital residence by the Petitioner so that she could remove all of her clothing, furs, cosmetics, jewelry, personal sundries, and other personal belongings. The Respondent has no rational reason to have access to the former marital residence other than to harass and array the Petitioner. Therefore, the Petitioner requests the Honorable court to reconsider the part of its recent Order, requiring the Petitioner to provide a key to the marital residence and to also enter an Order grating the Petitioner sole and exclusive possession of the marital residence. 10. Following the Respondent's unilateral vacation of the marital residence and after it became apparent to Petitioner that Respondent had no intention of returning to the marital residence and endeavor to continue the marital union, Petitioner for his safety and security changed the locks on the marital residence and the gate code. 2 11. Petitioner further asserts that he will comply with any reasonable requests for Respondent to provide her with any of her personal belongings that she may subsequently realize she does not have in her possession and which remain in the marital residence. 12. The Petitioner has solely resided in the marital residence for the last three (3) months. 13. Petitioner agrees to be bound by the portion of the recently entered Court Order that provides that he shall not remove any personalty from the marital residence 14. Petitioner has provided Respondent's counsel with a copy of this Petition in advance of filing the Petition seeking Respondent's concurrence or non-concurrence with the relief sought in this Petition. Respondent's counsel has not responded, and hence, Respondent's silence is being interpreted as being non-concurrence. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Order awarding the exclusive occupancy of the marital residence to Petitioner and denying Respondent access to the home. Respectfully submitted, HANDLER, HENNING Date: &?_/7-z:7W7 NSERG, LLP By Lr W. Scott Henn* E uire I.D. #32298 1300 Linglestow Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Petitioner 3 BERNADETTE M. HENNING IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-5505 CIVIL TERM W. SCOTT HENNING CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE On the 17T" day of December, 2007, 1 hereby certify that a true and correct copy of Defendant's Petition for Exclusive Occupancy of the Marital Residence was served upon the following by depositing in U.S. Mail; David F. Tamanini, Esq. P.O. Box 6206 4298 Maryland Court Harrisburg, PA 17112-6206 Respectfully submitted, HANDLER, H Date: (?? B- 4 4 y W. Scott Henning, qu I.D. #32298 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Defendant , LLP -c) f r'' - ?Qo C) I- Z ? ,2-1 C: N "'Al C) Cal I W. Scott Henning, Esquire I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax: (717) 233-3029 E-mail: Henninodhhrlaw.com BERNADETTE M. HENNING IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. W. SCOTT HENNING Defendant NO. 07-5505 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO THE PROTHONOTARY: The Defendant requests the Petition for exclusive occupancy for the marital residence filed by the Defendant withdrawn. Respectfully submitted, HANDLER, HER1INING kFYOSENBERG, LLP Date: ? _? ? o26Gl By L,' - W. Scott Henning, squi I.D. #32298 1300 Linglestow Road Harrisburg, PA 17110 (717) 238-2000 t r BERNADETTE M. HENNING IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-6605 CIVIL TERM W. SCOTT HENNING CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE On the 24th day of January, 2008, 1 hereby certify that a true and correct copy of Defendant's Praecipe to withdraw Petition for exclusive occupancy for the marital residence was servedupon the following by depositing in U.S. Mail; David F. Tamanini, Esq. P.O. Box 6206 4298 Maryland Court Harrisburg, PA 17112-6206 Respectfully submitted, HANDLER, HENNING & RQS-ENBERG, LLP Date: ? j- ( r By W. tsatCHenni VgEEOt 1.D. #32298 1300 LinglestoHarrisburg, PA 17110 (717) 238-2000 Attorney for Defendant ?. ?'' ?U ,; y, ?;:. ? ?? ???. ??? -? ? ?' .,t r .0. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 BERNADETTE M. HENNING, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07 - 5505 W. SCOTT HENNING, CIVIL ACTION -LAW Defendant IN DIVORCE PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of Defendant, W. Scott Henning, in the above- captioned matter. Respe Dated: February 7, 2008 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. 32317 .. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 BERNADETTE M. HENNING, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07 - 5505 W. SCOTT HENNING, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of a Praecipe to Enter Appearance, in the above-captioned matter upon the following individual, by United States first-class mail, postage prepaid, addressed as follows: David F. Tamanini, Esquire Tamanini Law Office 4800 Linglestown Rc-a Suite 309 Harrisburg, PA 17112 DATE: February 7, 2008 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Defendant Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 cza w u: co em co -c BERNADETTE M. HENNING, V. Plaintiff, W. SCOTT HENNING, TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 07-5505 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PRAECIPE Please withdraw the appearance of the undersigned as counsel for the Plaintiff, Bernadette M. Henning, in the above-captioned action. Date: ?- -v 1S David F. Tamara Esquire I.D. # 27775 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112-9507 (717) 541-1805 Please enter the appearance of the undersigned a0counsel for the Plaintiff, Bernadette M. Henning, in the above-captioned action. ,P. and er, Esquire 3 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Z/ Attorneys for Plaintiff Date: Defendant. r'> r,, r-- v C? ?-=, ,; n 9 t? ? -..? ? --, r-- `! "; ?. ' ?`? v - !`i y 1 ?.) _ ! .` Cfi? BERNADETTE M. HENNING, V. Plaintiff, W. SCOTT HENNING, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 07-5505 CIVIL ACTION -LAW IN DIVORCE PETITION FOR INTERIM RELIEF AND NOW, comes the Plaintiff, Bernadette M. Henning, by and through her attorneys, Mancke, Wagner, Spreha & McQuillan, and files the following Petition for Interim Relief: 1. Your Petitioner, Bernadette M. Henning, is the Plaintiff in the above-captioned matter. 2. The Respondent, W. Scott Henning, is the Defendant in the above-captioned matter. 3. On or about December of 2007, the Court herein made an interim distribution of marital assets in the form of $200,000.00 unto the Petitioner herein. 4. Petitioner and Respondent have accumulated considerable assets during the course of the marriage which include but are not limited hereinafter as follows: A. A marital home having a value of at least 1.5 million dollars; B. Property at 1972 Deerpath Road, Harrisburg, having a value of $126,000.00; C. Property at 269 Saddle Ridge Drive, Harrisburg, having a value of $133,000.00; D. Property at 205 North Timber Ct., Harrisburg, having a value of $121,000.00; E. Property at 4030 Second St., Harrisburg, having a value of $250,000.00; F. Property at 29 Nathan Dr., East Pennsboro Twp., having a value of at least $134,000.00; G. Property at 4524 N. Progress Ave., Harrisburg, having a value of at least $106,000.00; H. Property at 1065 Wooded Pond Dr., Harrisburg, having a value of at least $130,000.00; and 1. Property at 6103 Collington Ct., Harrisburg, having a value of at least $138,000.00. 4. In addition to the aforementioned properties that were purchased during the course of the marriage, (and it should be noted that there are mortgages on all of the properties with the exception of 1065 Wooded Pond Dr., and 6103 Collington Ct., Harrisburg) the parties have accumulated the following financial assets which include but are not limited to the following: A. Shearson Lehman Account that became a Smith Barney Account having originally 2.1 million and at least 1.9 million now. (Petitioner is unaware of the current market value because of the various fluxuations, but at the time of separation, was 2.1 million); B. Merrill Lynch Account having an approximate value of $250,000.00; and C. An Ameritrade Account with at least $250,000.00; -2- 5. In addition to the above real estate and financial assets, there are the following personal assets in the marriage: A. 1973 Corvette; B. 1966 Mustang; C. 1957 Buick Special; D. 1955 Pontiac; E. 1968 Rolls Royce; F. 1947 Cadillac;. G. 2003 Lexus RX 300; and H. 2007 Jaguar XKR. 6. The Petitioner herein is currently employed only part-time, and does not receive support or alimony pendente lite because of a pre-nuptial agreement. 7. The Respondent herein is a practicing attorney having an income in excess of $1,000.000 on a regular basis. 8. As a result of the above, the Petitioner herein believes and therefore avers that she will ultimately receive considerable sums through equitable distribution, but currently is unable to make any significant purchases or particularly purchase a home. 9. Petitioner seeks an interim distribution of $300,000.00 for the purpose of purchasing a home into which she can reside. -3- 10. Currently, the Petitioner resides in a condominium alone that is owned by her mother and desires to be able to purchase her own property. 11. The parties also have 2 dogs as pets for which the Petitioner herein seeks the division to have at least 1 of the 2 animals. WHEREFORE, Petitioner requests the Court to grant relief as requested. Respectfully submitted, Mancke, Wagner, Spreha & McQuillan agner, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Petitioner Date: ?J9 D# -4- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: d r Zp IL -r, I -ter BERNADETTE M. HENNING, Plaintiff, V. W. SCOTT HENNING, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 07-5505 CIVIL ACTION -LAW IN DIVORCE AMENDMENT TO PETITION FOR INTERIM RELIEF AND NOW, comes the Plaintiff, Bernadette M. Henning, and files the following amendment to the original Petition For Interim Relief by adding the following paragraphs: 12. Judge Guido has previously ruled upon other issues in this case. 13. Opposing counsel was not contacted for concurrence in this matter. WHEREFORE, Petitioner requests the Court to grant relief as requested. Respectfully submitted, Mancke, Wagner, Spreha & McQuillan P. Wagner, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Petitioner Date: 9`36 d y C"7 ra 1 'f ' pc?,?.;.s w ?J 1..?d? ? ? r r ` ? , ? , TM ._i LF. _ ? , r ? _.?.r ....? 1 ?3 '? SFP 2 ;? [008 ? BERNADETTE M. HENNING, Plaintiff, V. W. SCOTT HENNING, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: 07-5505 CIVIL ACTION -LAW IN DIVORCE ORDER AND NOW, this- day of 0;vv? , 2008, upon Petition of the Plaintiff, Bernadette M. Henning, seeking interim relief, a hearing is set for the ;? 1? g y of 6C ?rnd 2008, at /.' 00 o'clock t.m. in Courtroom No. 3 of the Cumberland County Courthouse, Carlisle, J. Distribution: ?/P//Richard Wagner, Esq., 2233 North Front St., Harrisburg, PA 17110 ?$arbara Sumple-Sullivan, Esq., 549 Bridge St.,New Cumberland, PA 17070 Court Administrator (i Es .-?:at LL P Q00 :8 1=yJ 8- 100 sooz 3"Hi Z a BERNADETTE M. HENNING IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. W. SCOTT HENNING NO. 2007 - 5505 CIVIL TERM ORDER OF COURT AND NOW, this 2ND day of DECEMBER, 2008, after conference with counsel it is hereby ordered and directed that Defendant shall distribute $150,000 to Plaintiff within fifteen (15) days after Plaintiff has filed a declaratory judgment action in connection with the prenuptial agreement. Said $150,000 shall be considered an advance against any assets she may be awarded as pursuant to this divorce action. P. Richard Wagner, Esquire Barbara Sumple-Sullivan, Esquire :sld Edward E. Guido, J. ;r ?:, ? ? uvl ,, s._ ,... ._ ? ,. r?.a ... P. Richard Wagner, Esquire Attorney ID No. 23103 Manche, Wagner, Spreha & McQuillan 2233 North Front Strut Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney for Plaintiff BERNADETTE M. HENNING : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO: 07-5505 W. SCOTT HENNING : CIVIL ACTION - LAW Defendant. IN DIVORCE NOTICE TO PLEAD TO: W. Scott Henning c/o Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070 You are hereby notified to plead to the within document within twenty (20) days after service hereof, or a default judgement may be entered against you. Respectfully submitted, MANCK GNER, SPREHA & McOUILLAN P. gner, Esquire Attorney ID No. 23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attomey for Plaintiff Dated: ?'?' ? °? P. Richard Wagner, Esquire Attorney ID No. 23103 Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney for Plaintiff BERNADETTE M. HENNING Plaintiff, V. W. SCOTT HENNING Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO: 07-5505 CIVIL ACTION - LAW IN DIVORCE DECLARATORY JUDGEMENT ACTION AND NOW, comes the Plaintiff, Bernadette M. Henning, by and through her attorneys Mancke, Wagner, Spreha & McQuillan and files the following Declaratory Judgement Act, pursuant to Rule 1601 of the Rules of Civil Procedure as follows: 1. The Plaintiff is the Plaintiff in the above-captioned divorce action. 2. The Defendant is the Defendant in the above-captioned divorce action. 3. The parties are involved in a divorce proceeding. 4. At issue in the divorce proceeding, is a prenuptial agreement executed by and between the parties. A copy of said prenuptial agreement is incorporated herein by reference and marked as Exhibit A and made a part hereof. 5. Throughout the course of the marriage, the parties had three joint checking accounts that were created during the marriage between the parties and therefore constitute marital property. 6. From the joint marital accounts, the Defendant did unilaterally purchase properties in the form of real estate, titling the properties solely in his name. 7. Throughout the course of the marriage, and prior to separation, the Defendant/Husband did purchase a series of properties in the form of real estate located throughout central Pennsylvania. In addition to the series of properties in the form of real estate, the Defendant/Husband did purchase automobiles. 8. The sums of money utilized to purchase the aforementioned properties and automobiles were from the above accounts. One account specifically an account in the name of both parties that was established for purposes of dealing in real estate. 9. The parties are now in a divorce proceeding and the Defendant has raised the issue as to whether or not these properties are properties that should remain solely his because they are included as exempt property in their prenuptial agreement. 10. Plaintiff believes and therefore avers that these properties are not exempt properties and that they are in fact marital properties subject to distribution either pursuant to the provisions of the prenuptial agreement or in lieu thereof provisions of the Divorce Code as it relates to equitable distribution under Section 3502 of the Divorce Code. -2- 11. The parties are unable to agree as to the interpretation of the prenuptial agreement as it relates to the application of the agreement to the real estate that was purchased by the Husband, placed solely in the name of the Husband, however, using proceeds from joint accounts, one of which was expressively established for the purpose of purchasing real estate by the parties. WHEREFORE, the Plaintiff requests the Court to grant her request to declare that the prenuptial agreement be interpreted in such a way that the real estate purchased in the name of the Husband alone constitutes marital property subject to distribution under the prenuptial agreement or in lieu thereof provisions of the Divorce Code under Section 3502. Respectfully submitted, MANCKE, WAGNER, SPREHcQUILLAN P. Richard a , Esquire Attorney ID o. 23103 Attorney for Plaintiff 2233 North Front Street Harrisburg, PA 17110 717-234-7051 Dated: )-?- 01 -3- 1 1 l ? PRENUPTIAL AGREEMENT THIS AGREEMENT is made this day of 1992 by and between BERNADETTE M. INTRIERI, of Harrisburg, Dauphin County, Pennsylvania, hereinafter referred to as "INTRIERI", and W. SCOTT HENNING, of Harrisburg. Dauphin County, Pennsylvania, hereinafter referred to as "HENNING". WHEREAS, the parties are contemplating entering into a marriage relationship with one another and in anticipation thereof, desire to fix and determine by this Prenuptial Agreement their respective rights and claims that will accrue to each in the estate and real and personal property of the other by reason by the marriage, and all economic rights of every kind and description arising from the marital relationship, including but not limited to present and future rights of inheritance, support, maintenance, alimony, payment of counsel fees and equitable distribution and to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of all such rights and claims; WHEREAS, both parties to this Agreement have made to each other a full and complete disclosure of the nature, extent and probable value of all their property, estate and expectancy; WHEREAS, both parties have children from a previous marriage, and desire to maintain their property for the benefit of their children; NOW, THEREFORE, INTRIERI and HENNING, in consideration of their forthcoming marriage and the covenants contained in this Agreement, and intending to be legally bound, agree as follows: 1. FULL DISCLOSURE: A. Intrieri has made a full and fair disclosure to Henning of her financial worth; and Exhibit "A", which is attached to this Agreement and hereby made a part of this Agreement is a statement of her financial worth as of the date of the execution of this Agreement. Intrieri has an interest in a number of assets which have been reflected on Exhibit "A" based upon her estimates of their market value and with some of the assets not being susceptible to precise evaluation short of an actual appraisal. Henning acknowledges that he, by himself or through counsel, which he had the option of engaging to represent his interests, has been given full opportunity to make additional inquiries as to the assets owned by Intrieri and does not wish to receive any additional information or conduct actual appraisals concerning the present or future income and financial condition of Intrieri and therefore he waives any right which he may have to receive any such additional information or actual appraisals. B. Henning has made a full and fair disclosure to Intrieri of his financial worth; and Exhibit "B", which is attached to this Agreement and hereby made a part of this Agreement is a statement of his financial worth as of the date of the execution of this Agreement. Henning has an interest in a number of assets which have been reflected on Exhibit "B" based upon his estimates of their market value and with some of the assets not being susceptible to precise evaluation short of an actual appraisal. Intrieri acknowledges that she, by herself or through counsel, which she had the option of engaging to represent her interest, has been given full opportunity to make additional inquiries as to the assets owned by Henning and does not wish to receive any additional information or conduct actual appraisals concerning the present or future income and financial condition of Henning and therefore she waives any right which she may have to receive any such additional information or actual appraisals. 11. APPLICABLE LAW: .The parties agree that, regardless of where they may reside or be domiciled in the future and regardless of the situs of any of their real or personal property, their property rights after marriage, their rights and obligations under this Agreement the interpretation of this Agreement shall be construed under the laws of the Commonwealth of Pennsylvania in effect as of the date of this Agreement. 111. DEFINITION: A. SEPARATION: Following the date of the parties' marriage, "separation" of the parties shall be deemed to have occurred upon the expiration of a period thirty (30) days during which the parties are continuously living separate and apart from one another, except with respect to any separation which is caused by the hospitalization of either party, the admission of either party to a nursing home or similar institution, a usual and customary business trip or a reasonable absence to care for an ill relative or friend. B. DIVORCE: The parties shall be deemed to be divorced, and a final Decree of Divorce shall be deemed to have been entered, upon the expiration of the period of time for taking an appeal from the entry of an initial Divorce Decree without any appeal having been taken by either party during such period (or, if such an appeal has been taken by either party, on the date of confirmation of the initial Divorce Decree by the appellate court). Provided, however, that upon either party's death following the entry of an initial Divorce Decree but prior to the expiration of any appeals period(s), or prior to the decision of any appellate courts if any appeal is taken, the date of divorce and the date of entry of a final Divorce Decree shall relate back to the date of the initial Divorce Decree. C. Each reference in this Agreement to a divorce or separation of the parties shall be deemed to refer to the earlier to occur of the parties' divorce or separation (as those terms are defined in the proceeding paragraph). IV. PROVISIONS IN THE EVENT OF A DIVORCE OR SEPARATION: A. In the event of a divorce or separation of the parties as defined in Paragraph 111 of this Agreement, each party shall be entitled to retain as his/her sole property not subject to division or claims of the other, his and her assets as set forth on Schedules A and B to this Agreement and any increases in value thereon. If any assets of Schedule A and B no longer exist or are changed in form, traceable successor assets together with increases in value thereon shall substitute as each party's sole and separate property. Notwithstanding the foregoing, however, if any assets on Schedule A and B or traceable successor assets have been placed in the parties' ioint names during their marriage, such assets shall be considered joint property and divided equally between the parties, except as may be hereinafter provided. B. Except as hereinafter provided, all real property owned jointly by the parties shall be sold and the proceeds divided equally between the parties. However, if one party wishes to buy out the other party's interest in any such real property, the property or properties shall be appraised to determine current fair market value. The party wishing to purchase the other's interest shall pay one-half ('/z ) of the net equity to the other party within ninety (90) days of the determination of fair market value. For purposes of this Agreement, net equity is defined as the fair market value minus any mortgages, liens, encumbrances, taxes due and owing, and minus the standard real estate commission and transfer taxes assessed upon sales of.similar property in the immediate geographical area where the property is located. C. With respect to any real property specified in Subparagraph B, above, if the parties cannot mutually agree on an appraiser for the purpose of estimating fair market value, each party shall select an appraiser. If the two (2) appraisals are within ten percent (10%) of one another, the fair market value shall be the average of the two (2) appraisals. If the appraisals differ by more than ten percent (100/6), the two (2) appraisers shall mutually select a third appraiser and the fair market value shall be the average of the two (2) closest appraisals. Further, if there is an unresolvable dispute between the parties as to which one should buy out the others interest in any specific property or properties, the parties shall submit their dispute to binding common law arbitration under the rules and procedures of the American Arbitration Association or comparable organization. D. Any and all property acquired by either Intrieri or Henning individually, by gift or inheritance during the marriage shall be the sole and exclusive property of that party, including any increases in value thereon. Provided, however, that if either party places property so acquired in joint names, such property shall be presumed to be a gift to the marriage and shall be divided equally between Intrieri and Henning. E. All personal property acquired by Intrieri and Henning during their marriage shall be divided equally between them. All bank accounts, investments and investment accounts of every type acquired during the marriage, which are held in joint names, shall be divided equally between the parties, however, that this Subparagraph E shall not apply to assets and traceable successor assets held individually prior to the parties' marriage and still held individually as set forth in Subparagraph A, above. All bank accounts, investments and investment assets which are individually held shall be retained by that party as his or her sole and separate property. F. The parties hereby agree that in the event of a separation or divorce, each hereby waives any and all right to receive payments on account of spousal support, maintenance, alimony pendente lite, alimony, counsel fees or costs or any other payments of a similar nature to which he or she, in the absence of this Agreement, might be entitled by statute, including rights arising pursuant to the Divorce Code of 1980 as amended, or any similar laws of any jurisdiction which may be applicable now or at any future time. V. PROVISIONS IN THE EVENT OF DEATH: Except as may provided by operation of law under the tenants by the entirety doctrine, in the event of death each party waives, renounces and releases any and all rights, title, interest, election and demand which he or she may have acquired by reason of their relationship, their marriage or otherwise, including but not limited to the right to take against any Will of the other, and any conveyance of assets by the other; to share in the estate of the other under the Intestate Laws of the Commonwealth of Pennsylvania; to administer the estate or qualify as an executor/executrix of the Will of the other; or to claim the widow's or widower's rights, family exemption or homestead allowance; or to claim any community, dower or courtesy interest in the property of the other; to make any other claims, inchoate or otherwise to any property of the other, arising out of the marriage. Provided, however, that in the event of Henning's death prior to Intrieri, Intrieri shall have the right to continue residing in the residence located at 1807 Fox Hunt Lane, Harrisburg, Pennsylvania, for a period of two (2) years. Henning's estate shall pay the mortgage payments and real estate taxes, applicable to said premises. Intrieri shall be responsible for and pay all utilities including and not limited to, sewer, cable, electricity and telephone, during her occupancy of the premises. VI. RELEASES: Except as may be provided in this Agreement, each party does hereby expressly waive, discharge and release any and all right, title and interest or any claim which he or she may have or may acquire by reason of the contemplated marriage in any real or personal property of the other now owned by him or her, or owned by him or her at the time of such marriage, without limitation any claim or right to a distributive share, spouse's allowance, family exemption, any claim or right to a share of the benefits payable with respect to any retirement plans in which the other had an interest and any right to elect to take against the Will of the other or to take a share of any assets in which the other may at any time have had an interest in any other right in the estate of the other to which he/she may otherwise be or become entitled as the other's surviving spouse. , ( 1 . 7 If, notwithstanding the terms of this Agreement, either party seeks court intervention to increase or decrease the benefits or modify the rights or obligations provided for in this Agreement or otherwise attempts to nullify the validity of any part of this Agreement, the parties seeking such increase, decrease, modification or nullification shall indemnify the other party for all costs and expenses, including reasonable counsel fees, costs, any award, any order by a court or other financial impact resulting from such action. VII. ADDITIONAL PROVISION PERMITTED: Notwithstanding the foregoing provisions of this Agreement: A. If the Will of either party should provide greater benefits for the other party than are required by this Agreement, such other party shall have the right to such benefits so bequeathed or devised, subject, however, to any conditions which may be specified in the Will of the party making such additional provision. B. If either party should provide that at his or her death or thereafter the other party shall receive the benefits of any property passing outside of his or her Will (including without limitation, life insurance proceeds, pension or profit- sharing plan benefits and assets held as tenants by the entireties), such other party shall have the right to such property. VIII. SEPARATE PROPERTY: A. Except as may be provided otherwise in this Agreement, each party shall keep and retain the sole ownership, control and enjoyment of all property, of any nature whatsoever, now owned or owned at the time of the marriage, including all increments and value thereto, and all property acquired and exchanged therefore, as well as any property received by gift or inheritance individually, free and clear of any claim by the other, including without limitation, any claim to equitable distribution and each party shall have the exclusive right to dispose (during their lifetime or by Will) of such property without interference or restraint by the other and like manner as if the marriage had not taken place and if the party remained unmarried. B. Each party shall at any time, upon request, execute and acknowledge. or join as a party in executing and acknowledging any instrument which may be requested by the other for the purpose of transferring any such separately owned property. IX. WAIVER AND ACKNOWLEDGMENT: Except as provided in this Agreement, each party does hereby: A. Waive and release any right which each of them might have against the other, in the event of their divorce or separation for alimony including, without limitation alimony pendente lite, support and maintenance and attorney's fees. B. Waive and release any right which each of them might have to the equitable distribution or other division of any property, real and personal, now or hereafter owned by the other of them, including the appreciation thereon and increments of value thereto, in the event of their divorce or separation. C? Agree and acknowledge that all property, real and personal, now or hereafter owned by the other of them, including the appreciation thereon and all increments of value thereto, shall not be deemed to be "marital property" as that terms is defined in the Pennsylvania Divorce Code, or any successor provision thereto except as provided in Paragraph IV to this Agreement. D. Each of the parties represent to the other that he or she has read and understands the nature and import of this Agreement and each acknowledges that he or she has had the benefit of advice of his or her lawyer or has been advised of their right to seek legal counseling and has either sought the benefit and advice of counsel or has elected of their own free will to waive that opportunity. E. Except as may otherwise be expressly provided in this Agreement to the contrary, this Agreement shall inure to the benefit of and shall be binding upon, the parties hereto, their heirs, executors, administrators and assigns. F. Each of the parties acknowledges that he or she considers the provisions of this Agreement to be fair, just and reasonable, that each enters into it freely and voluntarily, and that each does not desire to have or become possessive of any property of the other or any interest therein which the other party now owns or hereafter may own, except as expressly provided in this Agreement. (1) This Agreement shall become effective only in the event that the contemplated marriage between the parties hereto is solemnized. (2) The headings proceedings the text of the Paragraphs of this Agreement are inserted solely for convenience of reference and shall not constitute part of this Agreement. (3) This Agreement contains the entire understanding of the parties hereto, and there are no representations, warranties, promises, or undertakings, oral or otherwise, other than those expressly set forth herein. Invalidity or unenforceability of any provision, term or condition of this Agreement shall not affect the validity or enforceability of any of the other provisions, terms and conditions of this Agreement. (4) Nothing in this Agreement shall effect the rights of any child born of this marriage to child support as provided by applicable law. (5) In the event that either party institutes legal action to enforce this Agreement, the party who is adjudged to have breached the terms of the Agreement shall pay the non-breaching party's reasonable counsel fees, costs or expenses. t 1 $. V, IN WITNESS WHEREOF, the parties have hereto set their hands and seals the day and year first above written. WITNESS: 10 21; r., Q;FE er ette M. Intrie Cad t v EXHIBIT "A" 1.} Townhome located at 690 South 82nd Street, Harrisburg, PA Estimated Value: $78,900.00 Equity: $ 5,000.00 2.) Life Insurance policy with Handler and Wiener: Value: $10,000.00 3.) Pension Plan with Handler and Wiener: Estimated Value: $ 2,000.00 4.) Miscellaneous Household Furnishings: Estimated Value: $ 5,000.00 - $ 8,000.00 EXHIBIT "B" 1.) BELCO Checking Account: Value: $1,000.00 2.) Dauphin Deposit Checking Account: Estimated Value: $10,000.00 3.) Dreyfuss Funds: Value: $50,000.00 4.) Home located at 1807 Fox Hunt Lane, Harrisburg, PA Value: $250,000.00 Equity: $ 60,000.00 5.) Home located at 2225 Concord Circle, Harrisburg, PA Value: $ 80,000.00 Equity: $ 11,000.00 6.) Handler and Wiener Capital Account: Value: $ 75,000.00 7.) Handler and Wiener Buy out in the event of death: Value: $450,000.00 8.) Shearson-Lehman 401K Plan: Value: $ 70,000.00 9.) Shearson-Lehman Two Accounts: Value: $ 19,000.00 10.) 1990 Mazda 929: Value: $ 12,500.00 11.) Miscellaneous Household Furnishings: Estimated Value: $ 35,000.00 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. ?4.ZD Date: k2- / ? lay x .wt RICKY SHOEMAKER, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-5550 CIVIL TERM BRENDA L. SHOEMAKER, IN DIVORCE Defendant/Petitioner PACSES NO: 222110594 ORDER OF COURT AND NOW, this 9th day of January 2009, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on January 26, 2009 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Bradley L. Griffie, Esq. Marylou Matas, Esq. Date of Order: January 9. 2009 40 e R. J. S dday, PL Coordinator YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 C rn * ? ra CA) OD Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 BERNADETTE M. HENNING, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. W. SCOTT HENNING, Defendant NO.07-5505 CIVIL ACTION -LAW ANSWER TO PETITION FOR DECLARATORY JUDGMENT ACTION 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part. Denied in part. It is admitted that throughout the course of the marriage, the parties had three joint checking accounts that were created during the marriage between the parties. Defendant avers that these accounts include the parties' primary household checking account designated as (Community Banks, now Susquehanna Bank Acct. No. 0009); an account titled jointly and used for the income from and expenses of certain investment 1 properties titled solely to Defendant known as (Community Banks, now Susquehanna Bank Account No. 257); and a joint checking account that the parties infrequently used (Commerce Bank Checking Account No. 3066). Defendant does not dispute that the accounts are subject to equal division based on the PreNuptial Agreement. The remainder of Paragraph 5 is denied as a conclusion of law to which no responsive pleading is due. By way of further answer, disposition of all property jointly titled between the parties is controlled by the PreNuptial Agreement attached as Exhibit "A" to Plaintiff's Petition and not the provisions of the Divorce Code. 6. Admitted. Paragraph 6 is admitted with the clarification that at all times relevant hereto, Plaintiff was aware that the deposits into the accounts were from Defendant's income, that Defendant utilized such funds to secure certain real estate investment properties, that the investment properties chosen and purchased were at Defendant's option, and the investment properties were titled individually to Defendant. 7. Admitted. 8. Admitted in part. Denied in part. It is admitted that the sums of money utilized to purchase the aforementioned properties and automobiles were from the above accounts. It is admitted that the one account was specifically an 2 account in the name of both parties that was established for the purposes of dealing in real estate. However, as further clarification, this account was established for the purpose of receiving rentals and paying expenses related to the rental properties and was not used to purchase or otherwise change the ownership of the actual real property. 9. Admitted. Paragraph 9 is admitted with the clarification that the PreNuptial Agreement at Paragraph IV. D. & E. confirm the intention of the parties' that individually titled assets at the time of separation are owned solely by the parties' whose names same are titled in. Further, Paragraph IX. of the agreement, states: IX. WAIVER AND ACKNOWLEDGEMENT Except as provided in this Agreement, each party does hereby: B. Waive and release any right which each of them might have to the equitable distribution or other division of any property, real or personal, now or hereafter owned by the other of them, including the appreciation thereon and increments of value thereto, in the event of their divorce or separation. (Emphasis added) C. Agree and acknowledge that all property, real and personal, now or hereafter owned by the other of them, including the appreciation thereon and all increments of value thereto, shall not be deemed to be "marital property" as that term is defined in the Pennsylvania Divorce Code, or any successor provision thereto except as provided in Paragraph IV to this Agreement. (Emphasis added) 3 10. Denied. Paragraph 10 is denied as a conclusion of law to which no responsive pleading is due. Defendant's response to Paragraph 9 is incorporated herein. It is further averred that Section 3502 of the Divorce Code is waived pursuant to Paragraph IX. B. of the parties' agreement. 11. Admitted in part. Denied in part. It is admitted that the parties are unable to agree as to the interpretation of the prenuptial agreement as it relates to the application of the agreement to the real estate that was purchased by the Defendant and titled solely in the name of Defendant. It is admitted that funds from the parties' joint bank account (specifically 0009) was used by Defendant to purchase certain properties. It is denied that the account used was expressly established for the purpose of purchasing real estate by the parties. WHEREFORE, Defendant requests this Honorable Court uphold that the investment properties singularly titled by Defendant are Defendant's sole and separate property. DATE: January 30, 2009 (717) 774-1445 Supreme Court I.D. 32317 4 Barbara Sumple-Sullivan, Esquire Attorney for Defendant 549 Bridge Street New Cumberland, PA 17070-1931 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 BERNADETTE M. HENNING, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07 - 5505 W. SCOTT HENNING, CIVIL ACTION -LAW Defendant IN DIVORCE VERIFICATION I, W. Scott Henning, hereby certify that the facts set forth in the foregoing Answer are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Dated: z , 2009 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 BERNADETTE M. HENNING, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V1. : NO.07-5505 W. SCOTT HENNING, CIVIL ACTION -LAW Defendant CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Answer, in the above-captioned matter upon the following individual(s) by first class mail, postage prepaid, addressed as follows: P. Richard Wagner, Esquire Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17119/ DATED: January 30, 2009 Barbara Sumple-Sullivan, Esquire Attorney for Defendant 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 c` ` n ??? c? LL- ;?; - t? -?-, ' ; .: ?t . . ,`- »-, x '?+ BERNADETTE M. HENNING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. W. SCOTT HENNING NO. 2007 - 5505 CIVIL TERM ORDER OF COURT AND NOW, this 17TH day of FEBRUARY, 2009, a hearing on the Petition for Declaratory Judgment is scheduled for THURSDAY MARCH 19, 2009, at 1:30 p.m. in Courtroom # 3. v4 Richard Wagner, Esquire /Karbara Sumple-Sullivan, Esquire •sld 4 By the Court I Edward E. Guido, J. C4 41, ?r ? 'mss LL - . iy ? tY G' v ? C..1 BERNADETTE M. HENNING : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA V. : W. SCOTT HENNING NO. 2007 - 5505 CIVIL TERM ORDER OF COURT AND NOW, this 191-H day of MARCH, 2009, the hearing scheduled for Thursday, March 19, 2009, at 1:30 p.m. is rescheduled to MONDAY, MAY 4, 2009, at 1:30 p.m. in Courtroom # 3. Edward E. Guido, J. XRichh rd Wagner, Esquire arbara Sumple-Sullivan, Esquir sld `1 t?:tt`it f 1 u Ino 0 S •Z Wd z 8 w 60Vz -d _IHI -110 -?l11790?---a 31 Id BERNADETTE M. HENNING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. W. SCOTT HENNING, Defendant NO. 07-5505 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of May, 2009, the parties are directed to attempt to reach a stipulation of fact within the next three weeks. The parties are directed to file said stipulation, or proposed findings of fact in the event that they cannot reach a stipulation, by June 1, 2009. The parties are directed thereafter to file briefs in support of their respective positions by June 15, 2009. By the Court,. l yEdward E. Guido, J. Richard Wagner, Esquire For the Plaintiff .45'a"rbara Sumple-Sullivan, Esquire For the Defendant srs 60 ' 1 I WV 8- Anil 6001 ?&iO Nt.Ji L"J'-d 3-ii 30 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 0*49/ BERNADETTE M. HENNING, Plaintiff V. W. SCOTT HENNING, Defendant IN THE COURT Or&T CUMBERLAND COUT NO.07-5505 CIVIL ACTION -LAW 6N PLEAS PENNSYLVANIA JOINT STIPULATION OF FACTS 1) The parties entered into a PreNuptial Agreement on October 14, 1992. A true and correct copy of the document is attached hereto as Exhibit "A" and incorporated herein to this stipulation. 2) The parties were married on October 17, 1992 in Harrisburg, Dauphin County, Pennsylvania. 3) The parties separated and divorce proceedings were initiated by Plaintiff on September 18, 2007. 4) The parties had no children born of their marriage. 5) Defendant has two children from a prior marriage that are emancipated. 6) Plaintiff has one child from a prior marriage that is emancipated. 1 7) The Preamble to the PreNuptial Agreement, at the third "Whereas" clause, provides as follows: WHEREAS, both parties have children from a previous marriage, and desire to maintain their property for the benefit of their children. 8) The PreNuptial Agreement is valid and is enforceable and controlling in this divorce proceeding. 9) The intention of the parties, as set forth in the Preamble to the PreNuptial Agreement at the first "WHEREAS" clause, provides the parties: ...(D)esire to fix and determine by this Prenuptial Agreement their respective rights and claims that will accrue to each in the estate and real and personal property of the other by reason by the marriage, and all economic rights of every kind and description arising from the marital relationship, including but not limited to present and future rights of inheritance, support, maintenance, alimony, payment of counsel fees and equitable distribution and to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of all such rights and claims; 10) Plaintiff filed her Petition for Declaratory Judgment on January 9, 2009 requesting the Court "to declare that the prenuptial agreement be interpreted in such a way that the real estate purchased in the name of the Husband alone constitutes marital property subject to distribution under the prenuptial agreement or in lieu thereof provisions of the Divorce Code under Section 3502." 11) Jointly titled real estate is addressed in Paragraph IV B of the PreNuptial Agreement and the parties do not contest that the net equity is to be divided equally between them. This includes the marital residence at 400 River Bend Drive, Enola, PA which Plaintiff has 2 had appraised at $1,900,000.00 and has an approximate net equity based on Plaintiffs appraisal in excess of $870,000.00. (The accuracy of this appraisal is not conceded by Defendant and Defendant reserves the right to contest this dollar figure.) It also includes the parties' time share located in Aruba with a purchase price of $27,000.00. 12) The PreNuptial Agreement also provides at IV E as follows: All personal property acquired by Intrieri and Henning during their marriage shall be divided equally between them. All bank accounts, investments and investment accounts of every type acquired during the marriage, which are held in joint names, shall be divided equally between the parties, however, that this Subparagraph E shall not apply to assets and traceable successor assets held individually prior to the parties' marriage and still held individually as set forth in Subparagraph A, above. All bank accounts, investments and investment assets which are individually held shall be retained by that party as his or her sole and separate property. 13) There is no dispute between the parties that all jointly titled bank accounts, investments and investment accounts of every type acquired during the marriage which are in joint names shall be divided equally between them. 14) During the marriage the parties jointly acquired the following which will be subject to equal division pursuant to Paragraph IV E, inasmuch as they are jointly titled property: a) Defendant's 2001 Lexus SUV RX300 - Approximate value -$17,575.00. b) Smith Barney Investment Account No. 724-09573 - Approximate value- $1,947,660.97 as of September 30, 2007 from which Plaintiff already received the sum of $200,000.00 pursuant to Order of Court dated December 12, 2007. Plaintiff also received $150,000.00 as an advancement against any assets she may be awarded pursuant to the divorce action in accordance with the Order of Court dated December 2, 2008. This account is further described in paragraph 19 of this Stipulation. 3 c) Merrill Lynch Individual Investor Account No. 872-57466 - Approximate value - $219,101.76 as of September 28, 2007. d) Dreyfus Account - Approximate value - $8,442.00 as of the date of separation, and which account balance fluctuated throughout the marriage. e) TD Ameritrade Account - Approximate value - $190,000.00. f) Community Banks (now Susquehanna Bank) Account No. 0009 - Approximate value - $84,000.00 as of the date of separation. The majority of this account has already been divided between the parties but may not have been divided equally. g) Community Banks (now Susquehanna Bank) Account No. 257 (also known as the SCOBER Account) - Approximate value - $12,000.00 as of the date of separation. h) Commerce Bank Account No. 3066 - Approximate value - $1,464.83 as of the date of separation. 15) Referencing the above jointly titled bank accounts of Community Banks (now Susquehanna Bank) Account No. 0009 and Commerce Bank Account No. 3066, these accounts were the operating accounts for the household of the parties. After October 10, 2006, Community Banks (now Susquehanna Bank) Account No. 257 was a depository for investment property income and a vehicle to pay the expenses of the rental properties. 16) Neither party had any individually titled bank accounts. 17) The majority of the monies deposited into the household operating accounts came from Defendant's earnings from his law practice. Defendant's earnings would be paid on a regular draw basis with larger lump sums paid periodically depending on the practice's cash flow over the course of the year. 18) On certain occasions, Defendant would deposit funds into the household operating 4 accounts and within a short time, transfer the monies out to other investments, including but not limited to individually titled real estate and automobiles set forth in Paragraphs 21 and 25 of this Stipulation. 19) The Smith Barney Account No. 724-09573 (referenced in paragraph 14(b) above) was the separate property of Defendant at the time of marriage and was not subject to division between the parties in accordance with Paragraph IV A of the PreNuptial Agreement. This account was the successor account to the Shearson Lehman account listed as Defendant's separate pre-marital property on Exhibit B of the parties' PreNuptial Agreement. 20) Shortly after the transfer of ownership of Smith Barney Account to a joint account, Defendant began to acquire certain individually titled real estate investment properties. 21) These individually titled real estate investment properties were: a) 1972 Deer Path Road, Harrisburg, PA- Purchased on November 30, 2005 for $122,500.00. A down payment of $40,171.59 was made on this purchase. Defendant made a lump sum deposit of $50, 000.00 into the Commerce Bank (now Susquehanna Bank) Account No. 0009 on October 17, 2005 from which these monies were used to fund Defendant's acquisition of this investment. b) 205 N. Timber Court, Harrisburg, PA- Purchased on January 13, 2006 for $121,000.00. A down payment of $27,747.75 was made on this purchase. Defendant made a lump sum deposit of $25, 000.00 into the Commerce Bank (now Susquehanna Bank) Account No. 0009 on December 27, 2005 and a lump sum deposit of $52,000.00 on December 30, 2005 from which these monies were used to fund Defendant's acquisition of this investment. c) 269 Saddle Ridge Drive, Harrisburg, PA- Purchased on July 31, 2006 for $134,000.00. A down payment of $31,536.88 was made on this purchase. Defendant made a lump sum deposit of $150, 000.00 into the Commerce Bank (now Susquehanna Bank) Account No. 0009 on June 9, 2006 from which these monies were used to fund Defendant's acquisition of this investment. 5 d) 4030 North 2nd Street, Harrisburg, PA- Purchased on September 29, 2006 for $250,000.00. A down payment of $78,200.67 was made on this purchase. Defendant made a lump sum deposit of $300,000.00 into the Commerce Bank (now Susquehanna Bank) Account No. 0009 on September 7, 2006 from which these monies were used to fund Defendant's acquisition of this investment. e) 29 Nathan Drive East, Enola, PA- Purchased on January 16, 2007 for $134,000.00. A down payment of $31,165.55 was made on this purchase. Defendant made a lump sum deposit of $55, 000.00 into the Commerce Bank (now Susquehanna Bank) Account No. 0009 account on December 13, 2006 from which these monies were used to fund Defendant's acquisition of this investment. f) 4524 N. Progress Ave., Harrisburg, PA- Purchased on April 26, 2007 for $106,000.00. A down payment of $24,717.63 was made on this purchase. Defendant made a lumps sum deposit of $200, 000.00 into the Commerce Bank (now Susquehanna Bank) Account No. 0009 account on April 16, 2007 from which these monies were used to fund Defendant's acquisition of this investment. 22) Defendant had previously acquired two individually titled investment properties in May, 2001 and April 2005. These were as follows: a) 6103 Collington Court, Harrisburg, PA - Purchased on April 15, 2005 for $138,000.00. This was paid in full at the time of settlement for a total of $140,414.75 (including taxes and other costs of sale). This property was paid in full by Defendant from his Smith Barney Account prior to making same joint in October, 2005. As such, it is a successor asset to his separate property and is not marital pursuant to Paragraph IV.A. of the parties' Prenuptial Agreement. b) 1065 Wooded Pond Drive, Harrisburg, PA - Purchased May 1, 2001 for $129,900.00. This was paid in full at the time of settlement for a total of $131,514.03 (including taxes and other costs of sale). This property was paid in full by Defendant from his Smith Barney Account prior to making same joint in October, 2005. As such, it is a successor asset to his separate property and is not marital pursuant to Paragraph IV.A. of the parties' Prenuptial Agreement. 23) Defendant's children occupy the real estate located at 6103 Collington Court and 4030 North 2nd Street, Harrisburg pursuant to a lease agreement with their father, although no rent is regularly paid on same. 24) Defendant also did purchase collectible cars in his own name, using the household's operating accounts as the depository of his funds to pass through for payment at the time 6 of acquisition. 25) Defendant's individually titled collectible cars are as follows: a) 1968 Rolls Royce Silver Shadow Convertible- Purchased March 24, 2003 for $39,000.00. The vehicle no longer ran and it was disposed of in November, 2008. b) 1966 Mustang - Purchased in 2004 for $11,000.00 c) 1957 Buick Special 4-D Sedan- Purchased May 12, 2004 for $16,750.00. d) 1955 Pontiac Star Chief Convertible- Purchased February 25, 2006 for $40,000.00. e) 1973 Corvette Convertible-Purchased January 5, 2007 for $19,611.00. f) 1947 Cadillac Series 62 Sedan-Purchased October 7, 2005 for $12,100.00. g) 2005 Lexus SC 430- Approximate value - $48,350.00 (which Wife had received distribution of).. 26) Plaintiff was aware of each individually titled real estate investment property purchased and collector car purchased by Defendant. Defendant purchased the individually titled real estate assets identified in paragraph 22 as "investments" (but a dispute exists between the parties as to whether they were joint or individual). 27) Plaintiff never attended any real estate investment property settlements. 28) Plaintiff was never listed on any deed or mortgage for the investment properties. 29) Plaintiff was never a party to any rental/lease agreement for the investment properties. 30) Plaintiff was never titled on any titles for the collector cars. 7 31) The rental income and expenses of the investment properties were transacted through the Community Banks (now Susquehanna Bank) Account No. 257 (also known as the SCOBER Account) after this account was opened on October 10, 2006. Prior to opening this account, deposits were made through Community Bank Account No. 0009. 32) The parties cannot agree as to the application of the terms of the PreNuptial Agreement to the individually titled assets of Defendant. 33) The PreNuptial Agreement at Paragraph IX B provides : Except as provided in this Agreement, each party does hereby: IX B. Waive and release any right which each of them might have to the equitable distribution or other division of any property, real and personal, now or hereafter owned by the other of them, including the appreciation thereon and increments of value thereto, in the event of their divorce or separation. 34) The PreNuptial Agreement at Paragraph IX C provides: Except as provided in this Agreement, each party does hereby: IX C. Agree and acknowledge that all property, real and personal, now or hereafter owned by the other of them, including the appreciation thereon and all increments of value thereto, shall not be deemed to be "marital property" as that terms (sic) is defined in the Pennsylvania Divorce Code, or any successor provision thereto except as provided in Paragraph IV to this Agreenumt) agner, Esquire Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff Barbara Sumple-Sullivan, E 549 Bridge Street New Cumberland, PA 17070 Attorney for Defendant HLED.,., D,,-`F OF THE PP") -1H"D`?,10TIARY AUG -4 F 2: 1 LAMA BERNADETTE M. HENNING, Plaintiff V. W. SCOTT HENNING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 5505 CIVIL TERM IN RE: DECLARATORY JUDGMENT ACTION BEFORE GUIDO, J. ORDER OF COURT AND NOW, this ;.?tlA day of AUGUST, 2009, for the reasons set forth in the attached opinion it is ordered and decreed that under the terms of the Prenuptial Agreement Plaintiff has no claim to the real estate and automobiles titled in only Defendant's name at the time of separation. B ourt, Edward E. Guido, J. ZP. Richard Wagner, Esquire /Barbara Sumple-Sullivan, Esquire :sld alas oce BERNADETTE M. HENNING, Plaintiff V. W. SCOTT HENNING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07 - 5505 CIVIL TERM IN RE: DECLARATORY JUDGMENT ACTION BEFORE GUIDO, J. OPINION AND ORDER The parties were married in 1992. The plaintiff wife left the defendant and filed the instant divorce action on September 18, 2007. Prior to the marriage the parties had executed a Prenuptial Agreement. They have agreed that the agreement is valid and enforceable.' However, they have been unable to agree on the interpretation of the agreement as it relates to certain investment real estate and automobiles titled solely in the defendant husband's name. Wife has filed this declaratory judgment action asking us to settle the dispute. We held an evidentiary hearing on May 4, 2009. Subsequently the parties filed a joint stipulation of facts which we incorporate herein. They have also filed briefs in support of their respective positions. The assets at issue were acquired by husband using funds from joint checking accounts.2 The vast majority of the money in those accounts came from husband's earnings from his law practice as well as the rentals from the investment real estate.3 ' Joint Stipulation # 8. z The vehicles are unencumbered. Each parcel of real estate is encumbered with a mortgage equal to approximately 80% of the purchase price. 3 Neither party maintained an individual checking account prior to separation. NO. 2007 - 5505 CIVIL TERM Wife contends that the Prenuptial Agreement does not address individually titled assets which were acquired during the marriage with joint assets. Therefore, she argues, the assets at issue are not covered by the agreement. She asks that we declare them to be marital property and that they be divided in accordance with 1) the agreement or 2) the equitable distribution provisions of the Divorce Code.4 Husband's position is that the prenuptial agreement was intended to, and does, cover all assets. Therefore, he contends that they should be distributed in accordance therewith. Prenuptial agreements are contracts. As such they must be construed using the principals applicable to any other contract. Simeone v. Simeone, 525 Pa. 392, 581 A.2d 162 (1990). Despite their differing interpretations, the parties agree that the terms of the agreement are clear and unambiguous. "When construing agreements involving clear and unambiguous terms, a trial court need only examine the writing itself to give effect to the parties' understanding. A court may not modify the plain meaning of the words under the guise of interpretation." Crispo v. Crispo, 909 A.2d 308, 313 (Pa.Super. 2006) (citations omitted). Furthermore, we "must consider such contracts without reference to matters outside the document, and we must ascertain the parties intentions when entering into the contract from the entire instrument." Id. The intention of the parties in entering into the Prenuptial Agreement was clearly set forth therein. They each had children from a previous marriage for whose benefit they "desired to maintain their property."5 The agreement went on to state: a See Declaratory Judgment Complaint "Wherefore Provision". We do not fully grasp how assets which are not covered by the agreement can be divided in accordance with the agreement. 5 Prenuptial Agreement, p. 1. 2 NO. 2007 - 5505 CIVIL TERM WHEREAS, the parties are contemplating entering into a marriage relationship with one another and in anticipation thereof, desire to fix and determine by this Prenuptial Agreement their respective rights and claims that will accrue to each in the estate and real and personal property of the other by reason by the marriage, and all economic rights of every kind and description arising from the marital relationship, including but not limited to ... equitable distribution and to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of all such rights and claims; (emphasis added).6 Reading the terms of the agreement in light of the parties expressed intention, we hold that wife has no claim to the real estate and cars which are titled only in husband's name. Paragraph IV of the agreement sets forth how the parties' assets are to be divided in the event of divorce or separation. Jointly titled real estate is to be sold and the proceeds divided equally.7 Jointly titled personal property is to be divided equally.8 Individually titled personal property "shall be retained by that party as his or her sole and separate property."9 We agree that Paragraph IV does not address individually titled property that was acquired during the marriage with jointly held funds. However, the agreement makes clear that all assets are to be divided based upon how they are titled at the time of separation. The fact that the funds used to acquire them came from a joint account is of no consequence. Wife's position that those assets should be distributed in accordance with the Agreement runs directly contra to paragraph 1X B which provides. Except as provided in this Agreement, each party does hereby: 6 Prenuptial Agreement, First "Whereas" Clause. Prenuptial Agreement, IV B. 8 Prenuptial Agreement, IV E. 9 Prenuptial Agreement, IV E. NO. 2007 - 5505 CIVIL TERM B. Waive and release any right which each of them might have to the equitable distribution or other division of any property, real and personal, now or hereafter owned by the other of them, including the appreciation thereon and increments of value thereto, in the event of their divorce or separation. (emphasis added). Likewise, her alternate position that those assets should be deemed to be marital property would require us to ignore paragraph 1X C which provides: Except as provided in this Agreement, each party does hereby: C. Agree and acknowledge that all property, real and personal, now or hereafter owned by the other of them, including the appreciation thereon and all increments of value thereto, shall not be deemed to be "marital property" as that terms is defined in the Pennsylvania Divorce Code, or any successor provision thereto except as provided in Paragraph IV to this Agreement. (emphasis added). The assets at issue are not covered by the agreement. By the express terms of the agreement wife has waived any claim to them. Therefore, we will enter the order that follows. ORDER OF COURT AND NOW, this 25TH day of AUGUST, 2009, for the reasons set forth in the attached opinion it is ordered and decreed that under the terms of the Prenuptial Agreement Plaintiff has no claim to the real estate and automobiles titled in only Defendant's name at the time of separation. P. Richard Wagner, Esquire Barbara Sumple-Sullivan, Esquire By the Court, /s/ Edward E. Guido Edward E. Guido, J. 4 OF °tTY 2009 AUG 25 Pit 2: 14 C?s!Y ? ? 'v 3 ?: BERNADETTE M. HENNING, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vi. W. SCOTT HENNING, Defendant NO. 07-5505 CIVIL ACTION -LAW NOTICE TO PLAINTIFF 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. DEFENDANT'S AFFIDAVIT UNDER SECTION 3301 (D) OF THE DIVORCE CODE 1. The parties to this action separated on September 21, 2007, and have continued to live separate and apart for a period of at least two (2) 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.A. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATED: / / - 13 , 2009 2 BERNADETTE M. HENNING, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-5505 W. SCOTT HENNING, CIVIL ACTION -LAW Defendant COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): _ (a) I do not oppose the entry of a divorce decree. _ (b) I oppose the entry of a divorce decree because (Check (I) (ii) or both): (I) The parties to this action have not lived separate and apart for a period of at least two years. _ (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): _ (a) I do not wish to make any claims for economic relief. 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. _ (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree. the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-affidavit are true and correct. 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. Dated: , 2009 Bernadette M. Henning, Plaintiff NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. PLE ter- ?.. l , t 46, 1 BERNADETTE M. HENN ING, : IN THE COURT OF COMMON PI AS : CUMBERLAND COUNTY, PENAL -TI Plaintiff -- r vs. .? W. SCOTT HENNING, Docket No. 07 - 5505 - Y Defendant c' MOTION FOR APPOINTMENT OF MASTER W. Scott Henning (PUtaidIft (Defendant), moves the court to appoint a master with respect to the following claims: ( Divorce 0 Distribution of Property in accordance with the () Annulment ( ')Support parties' PreNuptial Agreement Alimony ( )Counsel Fees C) Alimony Pendente Lite ( )Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested (2) The defendant (has) WYA) appeared in the action 1= IC)(by his attorney, Barbara Sumple-Sullivan .Esquire). (3) The Staturory ground (s) for divorce ObO (are) 3301(C) and 3301(D) (4) Delete the inapplicable paragraph(s): a. The action is not contested. b. An agreement has been reached with respect to the following claims: c. The _ : action is contested with respect to the following claims: (5) The action (involves) (does not involve) complex issues of law or fact (6) The hearing is expected to take one I I ': (hours)J*WA), O Additional information, if an rel t to the motion: Case.-restricted to a licatio f e t dated October 154, 1992 in co o inion of Judge Guido Date: Januaarty? AugZO t2 16 2009. ttomey for (Plaintiff) (Defendant) Print Attorney Name ......... Barbara Sumple-Sullivan, Esouire ORDER APPOINTING MASTER AND NOW, 920 Esquire is appointed master with respect to the following claims: - By the Court: J. u JAN',57010c, BERNADETTE M. HENNING, Plaintiff vs. W. SCOTT HENNING, : IN THE COURT OF COMMON PLFiAS : CUMBERLAND COUNTY, PENN) 'L?`?IA, VA- Docket No. 0 7 - 5 5 0 5 a rr, __ I r - Defendant ° MOTION FOR APPOINTMENT OF MASTER W. Scott Henning (@dIft (Defendant), moves the court to appoint a master with respect to the following claims: (} Divorce ( Distribution of Property in accordance with the () Annulment ( -)Support parties' PreNuptial Agreement Alimony ( )Counsel Fees C) Alimony Pendente Lite ( )Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested (2) The defendant' (has) (fit) appeared in the action (by his attorney, Barbara Sumple-Sullivan , Esquire). (3) The Staturory ground (s) for divorce (are) 3301(C) and 3301(D) (4) Delete the inapplicable paragraph(s): a. The action is not contested. b. An agreement has been reached with respect to the following claims: c. The action is contested with respect to - the:'. following -claims: (5) The action (involves) (does not involve) complex issues of law or fact (6) The hearing is expected to take one (hours): O Additional information, if a re t to :i the ' motion: Case--restricted to a licatio n e dated October 14, 1992 in co o eo? inion of Judge Guido dated Au st 2009. Date: January 2.0 A JA4it-omey for (Plaintiff) (Defendant) Print Attorney Name .... Barbara Sumple-Sullivan, Esquire ORDER APPOINTING MASTER AND NOW, 20 /O Esquire is appointed master with re ect to the following claims: 1'l \I 1 4 r? ???r ?icz • ?cc,.n?lc- ?.CG?bJ r A yin By the Court; ,/J _?,K,L ' 4? J. 7` 3 Barbara Sample-Sullivan, Esquire ~~~ 15 2010 Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (7171774-1445 BERNADETTE M. HENNING, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. W. 5COTT HENNING, Defendant N0.07-5505 CIVIL ACTION -LAW RULE TO SHOW CAUSE AND NOW, TO WTT, this day of 2010 on consideration of Defendant's Petition for Bifurcation and on motion of Bazbaza Sample-Sullivan, Attorney for Defendant, a Rule is entered upon Plaintiff to show cause why the request for bifurcation should not be granted. The Rule is returnable within days from the date of service hereof. OR ORDER FOR HEARING AND NOW, this ~~`day of 2010 upon consideration of :.., -:, ...,i -r. _.,.~ ~:~~. -;, rra -,iL; Defendant's Petition for Bifurcation, a hearing is scheduled fog ©~1, _ ~" 2010 at r~ /Y>a.vL~ S~ ~i .w ~~M. at the Cumberland County Courthouse, 1 Courthouse Squaze, Carlisle, PA 17013. nbution: P~,Richazd Wagner, Esquire, 2233 North Front Street, Harrisburg, PA 17110 arbara Sample-Sullivan, Esquire, 549 Bridge Street, New Cbmberland, PA 17070 eon ~ ES ,h.~t L~ BY TH T: ~-, e= K; :-{ (- -- ,U t' C ; ca - J :.~ ~,' BERNADETTE M. HENNING, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSVAIIA° V. NO. 07-5505 W. SCOTT HENNING, CIVIL ACTION -LAW Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 18, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswo-m falsification to authorities. DATE: ff" K) 0 BERNADETTE M. HENNING, Plaintiff V. W. SCOTT HENNING, Defendant 1. 2. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5505 C CIVIL ACTION- LAW -: WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. DATE: - /0 i 77, .N BERNADETTE M. HENNING VS. W. SCOTT HENNING IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 07-5505 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a div.mc decree: 1. Ground for divorce: Irretrievable breakdown under § (3301(c))mW (d~ the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: Acceptance of Service executed by Defendant on October 1, 2007. t t VIP 3. Complete either paragraph (a) or (b). cr_ cv >- (a) Date of execution of the affidavit of consent required by § 3301(c) of the Q ° z aC Divorce code: W C) C:) Q by plaintiff December 6, 2010 ; by defendant November 10, 2010 U cL ° -j (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: Q o t? Q>-- CK W CL. C-) cr W o cc U-l (2) Date of filing and service of the plaintiff's § 3301(d) affidavit upon the o :' Z CLrespondent opposing party: U- ° c: 4. Related claims pending: All claims arising from the parties' Prenuptial Agreement dated October 14, 1992 and Stipulation of the Parties dated November 3, 2010. 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff's Waiver of Notice was filed with the Prothonotary: December 9, 2010 Date defendant's Waiver of Notice was ?led,-with the Prothonotary. November 17, 2010 f orney for defendant ( Barbara Sumple-Sullivan, Esquire BERNADETTE M. HENNING IN THE COURT OF COMMON PLEAS VS. W. SCOTT HENNING CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 07-5505 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a dive o decreer c` =rn 1. Ground for divorce: = = n Irretrievable breakdown under § (3301(c))md t (f the Divorce Code. (Strike out inapplicable section.) -? 2. Date and manner of service of the complaint: C Acceptance of Service executed by Defendant on October 1, 2007. c? 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce code: by plaintiffDecember 6, 2010 ; by defendant November 10, 2010 (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code : (2) Date of filing and service of the plaintiff's § 3301(d) affidavit upon the respondent opposing party: 4. Related claims pending: All claims arising from the parties' Prenuptial Agreement dated October 14, 1992 and Stipulation of the Parties dated November 3, 2010. 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice was filed with the Prothonotary: December 9, 2010 Date defendant's Waiver of Notice was November 17, 2010 with the Prothonotary. s ?r- M Oq ?-n rz l' -r- ? oiney for FUWAVIDefendant Barbara Sumple-Sullivan, Esquire OF THE FILED- THOFFOICE 2010 DEC -9 PM 3: 03 CUMBERLAND COUNTY PENNSYLVAtflA BERNADETTE M. HENNING, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA Plaintiff, V. : NO. 2007-5505 - CIVIL TERM CIVIL ACTION -LAW W. SCOTT HENNING, IN DIVORCE Defendant. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 18, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a fmal decree of divorce after service of notice of intention to request entry of the decree. 4. 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. Section 4904, relating to unworn falsification to authorities. Date: -A Q OF THE FILED-OFFICE 2010 DEC -9 PM 3: 03 CUMBERLAND COUNTY PENNSYLVANIA P. Richard Wagner, Esquire PA Supreme Court ID# 23103 Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney for Plaintiff BERNADETTE M. HENNING, Plaintiff, V. W. SCOTT HENNING, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-5505 -CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCE 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. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary- I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. 4 B ad M. Henning Date: ?? BERNADETTE M. HENNING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. W. SCOTT HENNING NO. 07-5505 DIVORCE DECREE AND NOW, I , it is ordered and decreed that BERNADETTE M. HENNING , plaintiff, and W. SCOTT HENNING , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (if no claims remain indicate "None.") All claims arising from the parties' Prenuptial Agreement dated October 14, 1992 and Stipulation of Parties dated November 3, 2010. e Court, Attest: J. Prothonotary 0-6ry - '°• ?" ,a Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 BERNADETTE M. HENNING, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-5505 o --+ W. SCOTT HENNING, CIVIL ACTION - LAW 2c rn- Defendant N Mo ,,.. "r{ - PETITION FOR SPECIAL RELIEF n Q CDC) 1. Petitioner is W. Scott Henning, the Defendant in the above captioned matter. 2. Respondent is Bernadette M. Henning, the Plaintiff in the above captioned matter. 3. The parties were divorced as of December 14, 2010 and have a Master's Hearing scheduled on economic issues for February 15, 2011. This Master's Hearing has already been continued and rescheduled at the request of Respondent. 4. The parties have a binding Prenuptial Agreement relative to resolution of the economic matters related to their divorce dated October 14, 1992. 5. Paragraph IV C of the Prenuptial Agreement provides : With respect to any real property specified in Subparagraph B, above, if the parties cannot mutually agree on an appraiser for the purpose of estimating fair market value, each party shall select an appraiser. If the two (2) appraisals are within ten percent (10%) of one another, the fair market value shall be the average of the two (2) appraisals. If the appraisals differ by more than ten percent (10%), the two (2) appraisers shall mutually select a third appraiser and the fair market value shall be the average of the two (2) closest appraisals... 6. The parties' initial appraisals had a disparity of $450,000.00, more than ten percent (10%). Thus, contractually necessitating the hiring of a third appraiser pursuant to the Prenuptial Agreement. 7. Petitioner's initial appraisal was completed on August 17, 2009 ($1,450,000.00) and Respondent's initial appraisal was completed on December 16, 2008 ($1,900,000.00). 8. Due to the rapid market decline, Petitioner had a second appraisal completed prior to the Master's proceedings on September 20, 2010 which provided a value of $1,250,000.00. 9. Respondent still has not provided an updated appraisal, but is indicating the $1,900,000.00 value as accurate. 2 10. The appraisers used by the parties (eg. Kurt Eby by Petitioner and Mark Heckman by Respondent) have been unable to agree upon a third appraiser. 11. The parties have also been unable to reach an agreement on a third appraiser. 12. The parties have had two conference calls with the Master in an attempt to identify and select an appraiser, but due to lack of response from Respondent and her insistence on using only two named appraisers to which she has held firm from the initiation of this conflict, no appraiser has been successfully chosen. 13. Given the upcoming Master's hearing date on February 15, 2011, it is imperative that an appraiser be named and that the appraisal be concluded promptly. 14. It is requested that the Court set a hearing to appoint an appraiser to allow for the appraisal to be completed prior to the Master's hearing on February 15, 2011. 15. The Honorable Judge Edward E. Guido has previously been assigned to pretrial issues related to this matter and has entered the Divorce Decree. 16. Counsel for Respondent was provided with a copy of this Petition prior to filing and no concurrence has been received. WHEREFORE, Petitioner requests this Honorable Court set a hearing to appoint an appraiser to allow for the appraisal to be completed prior to the Master's hearing. Dated: January 21, 2011 " (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Attorney for Defendant 549 Bridge Street New Cumberland, PA 17070-1931 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 BERNADETTE M. HENNING, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-5505 W. SCOTT HENNING, CIVIL ACTION -LAW Defendant VERIFICATION I, Barbara Sumple-Sullivan, Esquire, am the attorney for W. Scott Henning, hereby make this verification and believe that I have sufficient knowledge or information and belief as Attorney for W. Scott Henning to make this Verification and that the facts set forth in the foregoing Petition for Special Relief are true and correct to the best of my Dated: January 21, 2011 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sump le-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 BERNADETTE M. HENNING, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vi. : NO. 07-5505 W. SCOTT HENNING, CIVIL ACTION -LAW Defendant CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the PETITION FOR SPECIAL RELIEF, in the above-captioned matter was served upon the following individual by first class mail, postage prepaid, addressed as follows: P. Richard Wagner, Esquire Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 , Dated: January 21, 2011 6arbara-- umple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. #32317 Attorney for Defendant 6 BERNADETTE M. HENNING IN THE COURT OF COMMON PLEASOOF^, C? Plaintiff CUMBERLAND COUNTY, PENNSYLV)gJIA`a "D v. NO. 2007-5505 CIVIL TERM =? r~ W. SCOTT HENNING CIVIL ACTION - LAW as c:> Defendant IN DIVORCE =-n ORDER OF COURT r.S y AND NOW, this 8th day of July, 2011, after reviewing the briefs filed by the parties in support of their respective positions, and having heard argument thereon, it is hereby ordered and directed as follows: 1. Paragraph IV-D of the Prenuptial Agreement contains no ambiguity with regard to property acquired by gift. It applies to any property acquired by gift whether between spouses or not. The Master must determine whether any personal property acquired after the execution of the Agreement was or was not a gift. If it was not a gift, it is to be divided equally. If it was a gift, it is to be maintained as the separate property of the person to whom the gift was made. 2. Any property titled in joint names, whether acquired by gift or not, from whatever source, must be divided equally. 3. The net equity in the marital home is to be divided equally between the parties. However, insofar as the parties became 50/50 owners of the property at the time of separation pursuant to the Agreement, the following adjustments must be determined and made: A. Any mortgage payments or other lienable expenses that were made after separation to the time of distribution shall be creditable to the party paying the same. NO. 2007-5505 CIVIL TERM B. Any party occupying the marital property shall be assessed the fair rental value. C. Any tax benefits obtained by one party or the other as a result of paying the aforesaid expenses shall be shared equally. Provided, however, that this provision shall not be applicable for years during which the parties filed a joint return. By the Court, .. V-K Edward E. Guido, J. P. Richard Wagner, Esquire Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Attorney for Defendant srs DIGb PRENUPTIAL AGREEMENT THIS AGREEMENT is made this day of?2QV 1992 by and between BERNADETTE M. INTRIERI, of Harrisburg, Dauphin County, Pennsylvania, hereinafter referred to as "INTRIERI", and W. SCOTT HENNING, of Harrisburg. Dauphin County, Pennsylvania, hereinafter referred to as "HENNING". WHEREAS, the parties are contemplating entering into a marriage relationship with one another and in anticipation thereof, desire to fix and determine by this Prenuptial Agreement their respective rights and claims that will accrue to each in the estate and real and personal property of the other by reason by the marriage, and all economic rights of every kind and description arising from the marital relationship, including but not limited to present and future rights of inheritance, support, maintenance, alimony, payment of counsel fees and equitable distribution. and to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of all such rights and claims; WHEREAS, both parties to this Agreement have made to each other a full and complete disclosure of the nature, extent and probable value of all their property, estate and expectancy; WHEREAS, both parties have children from a previous marriage, and desire to maintain their property for the benefit of their children; NOW, THEREFORE, INTRIERI and HENNING, in consideration of their forthcoming marriage and the covenants contained in this Agreement, and intending to be legally bound, agree as follows: 1. FULL DISCLOSURE: A. Intrieri has made a full and fair disclosure to Henning of her financial worth; and Exhibit "A", which is attached to this Agreement and hereby made a part of this Agreement is a statement of her financial worth as of the date of the execution of this Agreement. Intrieri has an interest in a number of assets which have been reflected on Exhibit "A" based upon her estimates of their market value and with some of the assets not being susceptible to precise evaluation short of an actual appraisal. Henning acknowledges that he, by himself or through counsel, which he had the option of engaging to represent his interests, has been given full opportunity to make additional inquiries as to the assets owned by Intrieri and does not wish to receive any additional information or conduct actual appraisals concerning the present or future income and financial condition of Intrieri and therefore he waives any right which he may have to receive any such additional information or actual appraisals. B. Henning has made a full and fair disclosure to Intrieri of his financial worth; and Exhibit "B", which is attached to this Agreement and hereby made a part of this Agreement is a statement of his financial worth as of the date of the execution of this Agreement. Henning has an interest in a number of assets which have been reflected on Exhibit "B" based upon his estimates of their market value and with some of the assets not being susceptible to precise evaluation short of an actual appraisal. Intrieri acknowledges that she, by herself or through counsel, which she had the option of engaging to represent her interest, has been given full opportunity to make additional inquiries as to the assets owned by Henning and does not wish to receive any additional information or conduct actual appraisals concerning the present or future income and financial condition of Henning and therefore she waives any right which she may have to receive any such additional information or actual appraisals. II. APPLICABLE LAW: The parties agree that, regardless of where they may reside or be domiciled in the future and regardless of the situs of any of their real or personal property, their property rights after marriage, their rights and obligations under this Agreement the interpretation of this Agreement shall be construed under the laws of the Commonwealth of Pennsylvania in effect as of the date of this Agreement. III. DEFINITION: A. SEPARATION: Following the date of the parties' marriage, "separation" of the parties shall be deemed to have occurred upon the expiration of a period thirty (30) days during which the parties are continuously living separate and apart from one another, except with respect to any separation which is caused by the hospitalization of either party, the admission of either party to a nursing home or similar institution, a usual and customary business trip or a reasonable absence to care for an ill relative or friend. B. DIVORCE: The parties shall be deemed to be divorced, and a final Decree of Divorce shall be deemed to have been entered, upon the expiration of the period of time for taking an appeal from the entry of an initial Divorce Decree without any appeal having been taken by either party during such period (or, if such an appeal has been taken by either party, on the date of confirmation of the initial Divorce Decree by the appellate court). Provided, however, that upon either party's death following the entry of an initial Divorce Decree but prior to the expiration of any appeals period(s), or prior to the decision of any appellate courts if any appeal is taken, the date of divorce and the date of entry of a final Divorce Decree shall relate back to the date of the initial Divorce Decree. C. Each reference in this Agreement to a divorce or separation of the parties shall be deemed to refer to the earlier to occur of the parties' divorce or separation (as those terms are defined in the proceeding paragraph). IV. PROVISIONS IN THE EVENT OF A DIVORCE OR SEPARATION: A. In the event of a divorce or separation of the parties as defined in Paragraph III of this Agreement, each party shall be entitled to retain as his/her sole property not subject to division or claims of the other, his and her assets as set forth on Schedules A and B to this Agreement and any increases in value thereon. If any assets of Schedule A and B no longer exist or are changed in form, traceable successor assets together with increases in value thereon shall substitute as each party's sole and separate property. Notwithstanding the foregoing, however, if any assets on Schedule A and B or traceable successor assets have been placed in the parties' joint names during their marriage, such assets shall be considered joint property and divided equally between the parties, except as may be hereinafter provided. B. Except as hereinafter provided, all real property owned jointly by the parties shall be sold and the proceeds divided equally between the parties. However, if one party wishes to buy out the other party's interest in any such real property, the property or properties shall be appraised to determine current fair market value. The party wishing to purchase the other's interest shall pay one-half (Y2 ) of the net equity to the other party within ninety (90) days of the determination of fair market value. For purposes of this Agreement, net equity is defined as the fair market value minus any mortgages, liens, encumbrances, taxes due and owing, and minus the standard real estate commission and transfer taxes assessed upon sales of similar property in the immediate geographical area where toe property is located. C. With respect to any real property specified in Subparagraph B, above, if the parties cannot mutually agree on an appraiser for the purpose of estimating fair market value, each party shall select an appraiser. If the two (2) appraisals are within ten percent (10%) of one another, the fair market value shall be the average of the two (2) appraisals. If the appraisals differ by more than ten percent (10%), the two (2) appraisers shall mutually select a third appraiser and the fair market value shall be the average of the two (2) closest appraisals. Further, if there is an unresolvable dispute between the parties as to which one should buy out the others interest in any specific property or properties, the parties shall submit their dispute to binding common law arbitration under the rules and procedures of the American Arbitration Association or comparable organization. D. Any and all property acquired by either Intrieri or Henning individually, by gift or inheritance during the marriage shall be the sole and exclusive property of that party, including any increases in value thereon. Provided, however, that if either party places property so acquired in joint names, such property shall be presumed to be a gift to the marriage and shall be divided equally between Intrieri and Henning. E. All personal property acquired by Intrieri and Henning during their marriage shall be divided equally between them. All bank accounts, investments and investment accounts of every type acquired during the marriage, which are held in joint names, shall be divided equally between the parties, however, that this Subparagraph E shall not apply to assets and traceable successor assets held individually prior to the parties' marriage and still held individually as set forth in Subparagraph A, above. All bank accounts, investments and investment assets which are individually held shall be retained by that party as his or her sole and separate property. F. The parties hereby agree that in the event of a separation or divorce, each hereby waives any and all right to receive payments on account of spousal support, maintenance, alimony pendente lite, alimony, counsel fees or costs or any other payments of a similar nature to which he or she, in the absence of this Agreement, might be entitled by statute, including rights arising pursuant to the Divorce Code of 1980 as amended, or any similar laws of any jurisdiction which may be applicable now or at any future time. V. PROVISIONS IN THE EVENT OF DEATH: Except as may provided by operation of law under the tenants by the entirety doctrine, in the event of death each party waives, renounces and releases any and all rights, title, interest, election and demand which he or she may have acquired by reason of their relationship, their marriage or otherwise, including but not limited to the right to take against any Will of the other, and any conveyance of assets by the other; to share in the estate of the other under the Intestate Laws of the Commonwealth of Pennsylvania; to administer the estate or qualify as an executor/executrix of the Will of the other; or to claim the widow's or widower's rights, family exemption or homestead allowance; or to claim any community, dower or courtesy interest in the property of the other; to make any other claims, inchoate or otherwise to any property of the other, arising out of the marriage. Provided, however, that in the event of Henning's death prior to Intrieri, Intrieri shall have the right to continue residing in the residence located at 1$07 Fox Hunt Lane, Harrisburg, Pennsylvania, for a period of two (2) years. Henning's estate shall pay the mortgage payments and real estate taxes, applicable to said premises. Intrieri shall be responsible for and pay all utilities including and not limited to, sewer, cable, electricity and telephone, during her occupancy of the premises. VI. RELEASES: Except as may be provided in this Agreement, each party does hereby expressly waive, discharge and release any and all right, title and interest or any claim which he or she may have or may acquire by reason of the contemplated marriage in any real or personal property of the other now owned by him or her, or owned by him or her at the time of such marriage, without limitation any claim or right to a distributive share, spouse's allowance, family exemption, any claim or right to a share of the benefits payable with respect to any retirement plans in which the other had an interest and any right to elect to take against the Will of the other or to take a share of any assets in which the other may at any time have had an interest in any other right in the estate of the other to which he/she may otherwise be or become entitled as the other's surviving spouse. If, notwithstanding the terms of this Agreement, either party seeks court intervention to increase or decrease the benefits or modify the rights or obligations provided for in this Agreement or otherwise attempts to nullify the validity of any part of this Agreement, the parties seeking such increase, decrease, modification or nullification shall indemnify the other party for all costs and expenses, including reasonable counsel fees, costs, any award, any order by a court or other financial impact resulting from such action. VII. ADDITIONAL PROVISION PERMITTED: Notwithstanding the foregoing provisions of this Agreement: A. If the Will of either party should provide greater benefits for the other party than are required by this Agreement, such other party shall have the right to such benefits so bequeathed or devised, subject, however, to any conditions which may be specified in the Will of the party making such additional provision. B. If either party should provide that at his or her death or thereafter the other party shall receive the benefits of any property passing outside of his or her Will (including without limitation, life insurance proceeds, pension or profit- sharing plan benefits and assets held as tenants by the entireties), such other party shall have the right to such property. VIII. SEPARATE PROPERTY: A. Except as may be provided otherwise in this Agreement, each party shall keep and retain the sole ownership, control and enjoyment of all property, of any nature whatsoever, now owned or owned at the time of the marriage, including all increments and value thereto, and all property acquired and exchanged therefore, as well as any property received by gift or inheritance individually, free and clear of any claim by the other, including without limitation, any claim to equitable distribution and each party shall have the exclusive right to dispose (during their lifetime or by Will) of such property without interference or restraint by the other and like manner as if the marriage had not taken place and if the party remained unmarried. B. Each party shall at any time, upon request, execute and acknowledge or join as a party in executing and acknowledging any instrument which may be requested by the other for the purpose of transferring any such separately owned property. IX. WAIVER AND ACKNOWLEDGMENT: Except as provided in this Agreement, each party does hereby: A. Waive and release any right which each of them might have against the other, in the event of their divorce or separation for alimony including, without limitation alimony pendente lite, support and maintenance and attorney's fees. B. Waive and release any right which each of them might have to the equitable distribution or other division of any property, real and personal, now or hereafter owned by the other of them, including the appreciation thereon and increments of value thereto, in the event of their divorce or separation. C. Agree and acknowledge that all property, real and personal, now or hereafter owned by the other of them, including the appreciation thereon. and all increments of value thereto, shall not be deemed to be "marital property" as that terms is defined in the Pennsylvania Divorce Code, or any successor provision thereto except as provided in Paragraph IV to this Agreement. D. Each of the parties represent to the other that he or she has read and understands the nature and import of this Agreement and each acknowledges that he or she has had the benefit of advice of his or her lawyer or has been advised of their right to seek legal counseling and has either sought the benefit and advice of counsel or has elected of their own free will to waive that opportunity. E. Except as may otherwise be expressly provided in this Agreement to the contrary, this Agreement shall inure to the benefit of and shall be binding upon, the parties hereto, their heirs, executors, administrators and assigns. F. Each of the parties acknowledges that he or she considers the provisions of this Agreement to be fair, just and reasonable, that each enters into it freely and voluntarily, and that each does not desire to have or become possessive of any property of the other or any interest therein which the other party now owns or hereafter may own, except as expressly provided in this Agreement. (1) This Agreement shall become effective only in the event that the contemplated marriage between the parties hereto is solemnized. (2) The headings proceedings the text of the Paragraphs of this Agreement are inserted solely for convenience of reference and shall not constitute part of this Agreement. (3) This Agreement contains the entire understanding of the parties hereto, and there are no representations, warranties, promises, or undertakings, oral or otherwise, other than those expressly set forth herein. Invalidity or unenforceability of any provision, term or condition of this Agreement shall not affect the validity or enforceability of any of the other provisions, terms and conditions of this Agreement. (4) Nothing in this Agreement shall effect the rights of any child born of this marriage to child support as provided by applicable law. (5) In the event that either party institutes legal action to enforce this Agreement, the party who is adjudged to have breached the terms of the Agreement shall pay the non-breaching party's reasonable counsel fees, costs or expenses. IN WITNESS WHEREOF, the parties have hereto set their hands and seals the day and year first above written. WITNESS: er ette M. Intrie EXHIBIT "A" 1.) Townhome located at 690 South 82nd Street, Harrisburg, PA Estimated Value: $78,900.00 Equity: $ 5,000.00 2.) Life Insurance policy with Handler and Wiener: Value: $10,000.00 3.) Pension Plan with Handler-and Wiener: Estimated Value: $ 2,000.00 4.) Miscellaneous Household Furnishings: Estimated Value: $ 5,000.00 - $ 8,000.00 EXHIBIT "B" 1.) BELCO Checking Account: Value: $1,000.00 2.) Dauphin Deposit Checking Account: Estimated Value: $10,000.00 ds: F D f un rey uss Value: $50,000.00 4.) Home located at 1807 Fox Hunt Lane, FF iisburg, PA Value: $250,000.00 Equity: $ 60,000.00 QQ 5.) Home located at 2225 Concord Circlel"arrisburg, PA Value: $ 80,000.00 Equity: $ 11,000.00 6.) Handier and Wiener Capital Account: Value: $ 75,000.00 7.) Handler and Wiener Buy out in the event of death: Value: $450,000.00 8.) Shearson-Lehman 401K Plan: Value: $ 70,000.00 9.) Shearson-Lehman Two Accounts: Value: $ 19,000.00 10.) 1990 Mazda 92?,/ Value: $ 1*1 12, 500.00 11.) Miscellaneous Household Furnishings: Estimated Value: $ 35,000.00 JAMES SMITH DIErr cK & CONNELLY LLP Susan M. Kadel smk- isdc.com FAX 717.298.2091 November 1, 2011 Office of the Prothonotary Attention: Renee Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Barry S. Whistler v. Lisa M. Grayson No. 2007-5503 Dear Renee: As you may be aware, our office represents Barry S. Whistler in the above-captioned matter. Enclosed is a copy of a letter we received from Master Wolfe dated October 28, 2011 advising that each party shall deposit an additional $500.00 on or before December 1, 2011. Please find enclosed this firm's check in the amount of $500.00 made payable to the Adams County Prothonotary as payment from our client towards his fees. Your assistance and cooperation in this matter is greatly appreciated. Should you need anything further, please do not hesitate to contact our office. Sincerely, Susan M. Kadel SMK/mbl Enclosure cc: John A. Wolfe, Esquire Michael O. Palermo, Jr., Esquire Barry S. Whistler TF GARY L. JAMES MAX J. SMITH, JR. JOHN J. CONNELLY, JR. SCOTT A. DIETTERICK JAMES F. SPADE MATTHEW CHABAL, III NEIL W. YAHN EDWARD P. SEEBER RONALD T TOMASKO SUSAN M, KADEL COURTNEY K. POWELL KIMBERLY A. BONNER KAREN N. CONNELLY CHRISTINE T BRANN JESSICA E. LOWE SEAN M. CONCANNON GREGORY A. KOGUT, JR. THOMAS J. CAR RALPH M. SALVIA TERESA M. REIFSNYDER OF COUNSEL: GREGORY K. RICHARDS BERNARD A. RYAN, JR. WOLFE & RICE, LLC John A. Wolfe Attorneys at Law Telephone Patrick W. Quinn 47 West High Street (717) 337-3754 Gettysburg, Pennsylvania 17325 Facsimile (717) 337-9211 October 28, 2011 Susan M. Kadel, Esq. PO Box 650 Hershey, PA 17033 -AND- Michael 0. Palermo, Jr., Esq. Palermo Law Offices 17 West South St. Carlisle, PA 17013 Re: Whistler v. Grayson Case No. 07-5503 Dear Counsel: Email: wolfeandrice@pa.net Pursuant to the :.p?grz_e-.r=rfereace we=..ha-d- on.;-Wednesday; October 26-j 2011 this:..is?t.a: ?onfrm th'e'following mattes s : ' .1. All of.th.e documents that,were submitted by'Attorney Kadel under her cover letter of September 28, 2011 are now of record in this case and will be considered by the Master. Both attorneys on behalf of their clients agreed to those documents becoming part of the record. 2. All of the documents submitted by Attorney Palermo under his cover letter of September 20, 2011 will be admitted and become part of the record except for item 2 on that list which are the Lisa Grayson student loan documents. Because the documentation does not show the date on which the loans were incurred, the lender, and balance at separation, those documents cannot come in without further supplementation to fill in those blanks. The parties have agreed, through counsel,-that the record will be kept open for an additional thirty days to allow Attorney Palermo to provide •that.-documentaton directly from the lenders and that documEnta:tzon-,;--if, it a:i-swers : those questions, will be received in the record. 3. The parties agree that there is no need for additional testimony in this case. 4. The residence in which the Defendant resides may be listed for sale. There was some discussion during our phone conference of the Defendant possibly moving forward with such a listing. It is believed that both of the parties will have to participate in such a listing and if there is an agreement as to a listing price that is substantially different than the figures used and presented at the hearing, that information should be shared with the Master by stipulation. 5. Each of the parties will deposit an additional $500.00 with the Prothonotary of Adams County on or before December 1, 2011. The record in this matter will be considered closed as of December 1, 2011. The parties will be entitled to submit a post-hearing memorandum/proposed findings on or before January 1, 2012. Please focus that memorandum on a discussion of the testimony as to factors, an assertion of the net marital estate that you would advance on behalf of your clients and a proposed distribution that results. Again as I mentioned to counsel during the phone conference, I commend each of you for the effort you put in to presenting this case on behalf of your client. I know you have had a difficult set of facts to work with given the net marital estate matters involved and I appreciate your efforts in presenting the case as you have. Very truly yours, WOLFE & RICE, LLC By: J hn A. Wolfe Esq. JAW/ajs Cc: The Honorable Robert G. Bigham 3 ' 9388 JAMES SMITH DIETTERICK & CONNELLY, LLP O1?I8T 11k P.O. Box 650 HERSHEY, PA 17033 Manufacturers and,Traders Trust Company NUMBER PH. 717-533-3280 Commefdaf Banking 9388 60-295/313 8 Five hundred and NO/100 DATE AMOUNT 11/01/2011 500.00 PAY - TO THE ORDER Adams County Prothonotary OF QO S? ro t SP 9F G `J 1'00938811' 1:03130 29551: 913 46 24991 Iii'