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HomeMy WebLinkAbout08-2869CYNTHIA K. REISINGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 08 - ag(D? Civet -Term KENNETH R. REISINGER, Defendant CIVIL ACTION -LAW IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgement may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at: The Office of the Prothonotary, Dauphin County Courthouse, Front and Market Streets, Harrisburg, Pennsylvania 17101. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 MEYERS, DESFOR, SALTZGIVER & BOYLE -410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 CYNTHIA K. REISINGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. KENNETH R. REISINGER, Defendant CIVIL ACTION -LAW IN DIVORCE NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Is usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que is usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA. DEMANDA A UN ABOGADO IMMEDIATAMENTE. IS NO TIENE ABOGADO O IS NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 • HARRISBURG, PA 17108 /7171 01A_QA9R . FAX (717) 236-2817 CYNTHIA K. REISINGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. KENNETH R. REISINGER, Defendant CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OF THE DIVORCE CODE AND NOW, comes Plaintiff, Cynthia K. Reisinger, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Complaint in Divorce and in support thereof avers as follows: Plaintiff is Cynthia K. Reisinger, an adult individual who currently resides at 48 White Oak Boulevard, Mechanicsburg, Pennsylvania 17050. 2. Defendant is Kenneth R. Reisinger, an adult individual who currently resides at 48 White Oak Boulevard, Mechanicsburg, Pennsylvania 17050. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 25, 1986 at Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the United States Army or its allies. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 17171 9.'4R-Q47R • FAX (7171 236-2817 right to request the court require the parties to participate in counseling, being so advised, Plaintiff waives that right. 9. Plaintiff requests the Court to enter a Decree of Divorce pursuant to Section 3301(C) or 3301(D) of the Divorce Code. WHEREFORE, Plaintiff, Cynthia K. Reisinger, respectfully requests this Honorable Court enter a Decree in Divorce pursuant to Section 3301(C) or 3301(D) of the Divorce Code. COUNTS COUNTI EQUITABLE DISTRIBUTION 10. Paragraphs one through nine of the Complaint are incorporated by reference as if fully set forth herein. 11. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under the Divorce Code.. 12. Plaintiff requests that this Honorable Court equitably distribute all marital property pursuant to the Divorce Code. WHEREFORE, Plaintiff, Cynthia K. Reisinger, respectfully requests this Honorable Court equitably distribute all property, both real and personal, tangible and intangible, acquired by the parties during their marriage. 4 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 r717\ 938-9498 • FAX (717) 236-2817 COUNT II ALIMONY PENDENTE LITE SUPPORT COUNSEL FEES AND EXPENSES 13. Paragraphs one through twelve of the Complaint are incorporated by reference as if fully set forth herein. 14. By reason of this action, Plaintiff will be put to considerable expense in the preparation of this case, in the employment of counsel, and the payment of costs. 15. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation, and unable to appropriately maintain herself during the pendency of this action. 16. Plaintiffs income is not sufficient to provide for her reasonable needs and pay her attorneys' fees and the costs of this litigation. 17. Defendant has adequate earnings to provide support and alimony pendente lite to the Plaintiff and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff, Cynthia K. Reisinger, respectfully requests this Honorable Court compel the Defendant to pay Plaintiff alimony pendente lite, support, counsel fees, costs and expenses of this action. COUNT III ALIMONY 18. Paragraphs one through seventeen of the Complaint are incorporated by reference as if fully set forth herein. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 1717\ 99R-9428 • FAX(717)236-2817 19. Plaintiff lacks sufficient property to provide for her reasonable needs. 20. Plaintiff is unable to sufficiently support herself through appropriate employment. 21. Defendant has sufficient income and assets to provide continuing support and to pay alimony to the Plaintiff. WHEREFORE., Plaintiff, Cynthia K. Reisinger, respectfully requests this Honorable Court compel Defendant to pay alimony to Plaintiff. Respectfully submitted, atherine A. Boyle, Esquire Attorney I.D. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff 6 MEYERS, DESFOR, SALTZGIVER & BOYLE •410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 VERIFICATION I, Cynthia K. Reisinger verify that the statements made in this Complaint In Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: ( X ) Plaintiff ( ) Defendant MEYERS, DESFOR, SALYZGIVER & BOYLE 410 NORTH SECOND STREET " PO. BOX 1062 • HARRISBURG, PA 17108 (717)236-9428 . FAX(717)236-2817 Sti o odv ?j W V-1 q' 0 -o D I CYNTHIA K. REISINGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-2869 KENNETH R. REISINGER, Defendant CIVIL ACTION -LAW IN DIVORCE ACCEPTANCE OF SERVICE OF COMPLAINT IN DIVORCE I, Kenneth R. Reisinger, Defendant in the above-captioned matter, certify acceptance of a copy of the Complaint in Divorce filed by Plaintiff, Cynthia K. Reisinger on May 5, 2008. Date• ?ZXZ R. Reisinger, COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF DAUPHIN ) Sworn to and subscribed before me this 7 day ofa .( , 2008. Public MARK K. EMERY, Notary Public City of Harrisburg, Dauphin County My Commission Expires Jan. 10, 2011 MEYERS, DESFOR, SALTZGIYER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 17171 9)W-Gd9A . FAY (7171 9ARdA17 CX2 77 C] CYNTHIA K. REISINGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 08-2869 KENNETH R. REISINGER, : Defendant CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 5, 2008. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 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 herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 4iaCt K. Reisinger, Plaintiff MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 ?-?, ?.? ;, ; :- <?? ..,> u:? c?? --?-r .?:j?t,. e `, +'?, ?. = CYNTHIA K. REISINGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 08-2869 KENNETH R. REISINGER, Defendant CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §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. Date & p 6p(t?. aV& , - Cynth' K. Reisinger, Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 r , ?,? -> ?? ., ? r ?_ t f? :7 r..,.. ` CYNTHIA K. REISINGER, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN DIVORCE KENNETH R. REISINGER, Defendant :NO. 08-2869 AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on May 5, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of 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 herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. R Dated: nneth R. Reisinger Fir ' 4 CYNTHIA K. REISINGER, JN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN DIVORCE KENNETH R. REISINGER, Defendant :NO. 08-2869 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 unsworn falsification to authorities. Dated: I -(l -oq c?a, =n ?°' wv .mot ?` ?...1 '? ? , ?,, , , ; ?, r ?`' a c? ruvo - agco4 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this day o C mY, 2008 by and between Cynthia Kay Reisinger (hereinafter referred to as "Wife") of 48 White Oak Boulevard, Mechanicsburg, Pennsylvania, and Kenneth Ray Reisinger (hereinafter referred to as "Husband") of 48 White Oak Boulevard, Mechanicsburg, Pennsylvania. WITNESSETH: WHEREAS, Husband and Wife were lawfully married on October 25, 1986 in Carlisle, Cumberland, Pennsylvania; and WHEREAS, two children have been conceived of this marriage; namely, James Robert Reisinger, bom on August 30, 1988 and David Ross Reisinger born on September 15, 1992; and WHEREAS, diverse differences and difficulties have arisen between the parties respecting their interests, rights and title in and to certain property, real and/or personal, owned by or in possession of the said parties to either of them; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations and to amicably adjust, compromise and forever settle all property rights and all rights in, to or against each other's property or estate of any kind or nature whatsoever, including property heretofore or subsequently acquired by either party and to settle all disputes existing between them, including any and all claims for Wife's and/or Husband's rights to equitable distribution, maintenance and/or support, alimony, alimony pendente lite, counsel fees and costs; and WHEREAS, the parties acknowledge and agree that in entering into this Agreement, including foregoing waivers, they are each relying on truth and completeness in all material respects as to all information provided by the other party hereto regarding the assets of such person. NOW THEREFORE, in consideration of the mutual promises, covenants and agreements hereinafter contained, each of the parties hereto intending to be legally bound hereby promises, covenants and agrees as follows: 1. DIVORCE: The parties agree that their marriage is irretrievably broken and that they mutually consent to a divorce and agree and have executed all necessary Affidavits of Consent and Waivers of Notice forms required by the court for the entry of a mutual consent divorce. Both Husband and Wife have directed their respective counsel to file with the Court said Affidavits and Waivers and file the appropriate documents to request a Decree in Divorce from the bonds of matrimony under Section 3301(c) of the Divorce Code. Said Decree shall be requested by the parties after January 1, 2009. All other 2 appropriate and necessary documents will be executed and filed contemporaneously with 2. 3. 4. 5. the execution of this Agreement. FULL FORCE AND EFFECT: This Agreement shall continue in full force and effect until such time of final Decree in Divorce is entered. AGREEMENT TO CONTINUE IN EVENT OF DIVORCE: In the event that the marriage of the parties hereto is terminated by divorce, this Agreement shall nevertheless remain in full force and effect, and shall survive such decree and shall not in any way be affected thereby, except as provided for herein. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. WIFE'S DEBTS: Wife represents and warrants to Husband that since the date the divorce was filed, to wit, May 5, 2008, she has not and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made 3 against him by reason of debts or obligations incurred by her. 6. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the divorce was filed, to wit, May 5, 2008, he has not and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 7. DISCOVERYNINANCIAL DISCLOSURE: The parties acknowledge that they have both been given the opportunity to conduct an investigation into all assets, whether separate or marital, prior to entry into this Agreement. The parties acknowledge that they have both been given the opportunity to conduct an investigation into all sources of income, whether separate or marital, prior to entry into this Agreement. Both Husband and Wife acknowledge they have fully and fairly disclosed all of their respective assets prior to execution of this Agreement. Furthermore, the parties acknowledge that they have both fully disclosed their respective incomes and financial conditions. 8. MUTUAL RELEASES: Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or 4 all causes of action for termination of the marriage by divorce or annulment and except any or all causes of action for breach of any provisions of this Agreement. Husband and Wife specifically release and waive any and all rights he or she might have to raise claims under the Pennsylvania Divorce Code and all subsequent amendments, but not limited to claims for equitable distribution of marital property, support, alimony, alimony pendente lite, counsel fees or expenses. The fact that a party brings an action to enforce the property agreement as incorporated in the divorce decree, under the Pennsylvania Divorce Code and all subsequent amendments, does not give either party the right to raise other claims under the Divorce Code, specifically waived and released by this paragraph and all rights and obligations of the parties arising out of the marriage shall be determined by this Agreement. 9. RELEASE OF TESTAMENTARY CLAIMS: Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by Last Will and Testament or otherwise and each of them agree that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would become entitled thereto as if the decedent had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's Last Wills under the present or future laws of any jurisdiction whatsoever and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. 5 10. AGREEMENT BINDING ON HEIRS: The parties acknowledge that except as provided for in this Agreement, each of the parties shall have the right to dispose of their respective property by Last Will and Testament, and that each party waives the right to take under the Will of the other. This Agreement shall be binding on the respective heirs, executors, administrators and assigns of the parties thereto. 11. ENTIRE AGREEMENT: This Agreement represents the entire agreement between the parties. There are no representations, promises, agreements, conditions, or warranties between the parties other than those set forth herein. 12. LEGAL ADVICENOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. The Wife has employed and has had the benefit of counsel of Catherine A. Boyle, Esquire, as her attorney. The Husband has employed and has had the benefit of counsel of Elizabeth S. Beckley, Esquire, as his attorney. Each party acknowledges that they have received independent legal advice from counsel and that each party fully understands the facts and have been fully informed of their legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Also, each party hereto acknowledges that 6 he or she has been fully advised by his or her respective attorney of the current Pennsylvania Divorce Law, and his or her rights thereunder, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just, and equitable to each of the parties and waives their respective right to have the Court make any determination or order affecting the respective parties' right to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs and expenses. 13. DIVISION OF PERSONAL PROPERTY: The parties agree that the items listed on Exhibit "A", attached hereto, shall become the sole and exclusive property of Wife. 14. EQUITABLE DISTRIBUTION: a. DISPOSITION OF REAL PROPERTY: The parties acknowledge that they own jointly the former marital residence located at 48 White Oak Boulevard, Mechanicsburg, Pennsylvania. The parties also acknowledge that said residence is encumbered by a joint mortgage of approximately $42,000.00 with Pennsylvania State Employee Credit Union. The parties hereby agree that Husband shall refinance the joint mortgage from joint names into Husband's name alone within sixty (60) days of the execution date of this Agreement. At the time the refinance closes, Husband shall pay to Wife the sum of $150,000.00 cash in exchange for all right, title and interest in the former marital residence. 7 Wife agrees to execute any and all documents necessary to accomplish Husband's refinance, including but not limited to a deed, to be prepared at Husband's expense, transferring the former marital residence from joint names into Husband's name alone. Said deed shall be executed by Wife contemporaneously with this Agreement, but shall be held in escrow by Wife's attorney until such time Husband refinances the joint mortgage. From the execution date of this Agreement until such time Husband refinances the joint mortgage, and at all times after said refinance, Husband shall be solely responsible for payment of the mortgage, any and all past or present real estate taxes, maintenance, utilities, or any other expenses associated with the former marital residence. Husband agrees to indemnify and hold harmless Wife from same. In the event that Husband does not refinance the joint mortgage into his name alone within sixty (60) days of the execution of this Agreement, the residence will be listed for sale immediately with a mutually agreed upon real estate agent, who shall determine the listing price. b. Wife shall receive the following as her sole and exclusive property: i. The retirement account through her employment with the Association of Pennsylvania Constructors, titled solely to Wife. ii. Husband's deferred compensation plan through his employment. Husband shall engage Conrad M. Siegel, Inc., as soon as possible and at his sole expense, to draft a Qualified Domestic Relations Order or other necessary 8 documents to complete this transfer. iii. Husband currently maintains a pension through the State Employee Retirement System ("SERS"). The parties agree to transfer $54,090.00 from said pension into Wife's name alone. Husband shall engage Conrad M. Siegel, Inc., as soon as possible and at his sole expense, to draft a Qualified Domestic Relations Order or other necessary documents to complete this transfer. iv. The jointly titled Prudential account #7029-9433. V. The Prudential IRA #7029-8830 in Husband's name alone. vi. Half of the parties' jointly acquired savings bonds. Any tax consequence as a result of cashing said bonds shall be the sole responsibility of the party cashing same and the responsible party agrees to indemnify and hold harmless the other party. vii. Any and all life insurance policies held in Wife's name alone. C. Husband shall keep the following as his sole and exclusive property: i. The balance of his State Employee Retirement System ("SERS") pension after the transfer to Wife as set forth herein at Paragraph b (iii). ii. Any and all life insurance polices held in Husband's name alone. iii. Any joint stock contained in the joint Smith Barney account. Any tax consequence resulting from the disposition of said stock shall be borne solely by Husband. d. Automobiles: Wife shall keep the jointly titled 2002 Honda CRV automobile as 9 her sole and exclusive possession free of any claim or demand by Husband. The parties acknowledge that there are no liens against this vehicle. Husband shall keep the jointly titled Chevy Silverado truck as his sole and exclusive possession, free and clear of any and all claim or demand by Wife. The parties acknowledge that there are no liens against this vehicle. The parties also own jointly an Oldsmobile Alero, which is currently used by the parties' son, James Robert Reisinger. The parties agree to transfer this vehicle from joint names into Husband's name alone. The parties further acknowledge that there are no liens against this vehicle. The parties agree to execute any and all documentation necessary to give effect to the above paragraphs. 15. CHILD CUSTODY: The parties agree that they shall share legal and physical custody of their minor son, David Ross Reisinger. The minor son, David Reisinger's, primary residential address for school purposes shall be 48 White Oak Boulevard, Mechanicsburg, Pennsylvania 17050. 16. 2008 INCOME TAX RETURN: The parties agree that they shall file a joint income tax return for the year 2008. Any payment shall be borne by the party responsible for generating same. Likewise, any refund shall become the sole and exclusive property of the party responsible for same. 10 17. WAIVER OF RIGHT TO ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT, COUNSEL FEES, COSTS AND EXPENSES: The parties hereby acknowledge that they each waive their right to request alimony, alimony pendente lite, spousal support, counsel fees, costs and expenses from the other unless otherwise provided for in this Agreement. 18. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 19. ADDITIONAL INSTRUMENTS: a. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. b. This Agreement shall be incorporated into a Divorce Decree but not merged therein. 20. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions 11 of this Agreement shall be effective only if made in writing and executed with the same 21 22 23 24 formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. EXECUTION DATE: The execution date shall be defined as the date both parties have signed this Agreement. In the event that the parties do not sign this Agreement at the same time, the execution date shall be the date the last party has signed. APPLICABLE LAW: This Agreement shall be construed pursuant to the laws of the Commonwealth of Pennsylvania. 12 C7 ? [ M;p N t?} 'L7 4 r:. 1 11% CYNTHIA K. REISINGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-2869 KENNETH R. REISINGER, Defendant CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted of Service of the Complaint in Divorce on May 7 2008 and an Acceptance of Service of Complaint in Divorce was filed with the Prothonotary on MU 9 2008 3. (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff, December 30, 2008; by the Defendant; January 6, 2009. 4. Related claims pending: No other claims pending, 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301(d)(1)(I) of the Divorce Code. (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: Ground for Divorce: irretrievable breakdown under Section 3301(c) of the MEYERS, DESFOR, SALTZGIVER do BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG. PA 17108 (717) 236.9428 • FAX (717) 236-2817 (b) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary; JanpM 2, 2009. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary; January 7, 2009 Respectfully submitted, Catherine A. Boyle, Esqui e Attorney I.D. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 I c CYNTHIA K. REISINGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-2869 KENNETH R. REISINGER, Defendant CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this 0 day of , 2009, a copy of the forgoing Praecipe to Transmit Record was mailed first-class, postage paid to: Kenneth R. Reisinger c/o Elizabeth S. Beckley, Esquire Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 Catherine A. Boyle, Esquire Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 r -0 L n ... A -n F Irn F, c = Ol G IN THE COURT OF COMMON PLEAS OF CYNTHIA K. REISINGER :CUMBERLAND COUNTY, PENNSYLVANIA V. KENNETH R. REISINGER NO. 08-2869 DIVORCE DECREE AND NOW)V.440WI it is ordered and decreed that CYNTHIA K. REISINGER plaintiff, and KENNETH R. REISINGER 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.") NoKa- The Marital Settlement Agreement dated December 30, 2008, is hereby incorporated but not merged herein. By tlye Court, Attest: IV J. 01Y Prothonotary i I? , tP V MAY 19 200$,, Cynthia K. Reisinger Plaintiff VS. Kenneth R. Reisinger Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 08-2869 QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this day of , 2based on the findings set forth in WV - items one through five, IT IS HEREBY ORDERED, ADJUDGED AND DECREED in items six through twenty-one: Parties: The parties hereto were husband and wife, and a divorce action is in this Court at the above number. This Court has personal jurisdiction over the parties. The parties were married on October 25, 1986, and separated on April 18, 2008. 2. Participant Information: The name, last known address, Social Security number and date of birth of the Plan "Participant" are: Kenneth R. Reisinger 48 White Oak Blvd. Mechanicsburg, PA 17055 Social Security No.: 176-46-7164 Date of Birth: December 7, 1953 3. Alternate Payee Information: The name, last known address, Social Security number and date of birth of the "Alternate Payee" are: Cynthia K. Reisinger 9 Honeysuckle Drive Mechanicsburg, PA 17050 Social Security No.: 207-40-2779 Date of Birth: August 30, 1957 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in mailing address subsequent to the entry of this Order. 4. Plan Name. The name of the Plan to which this Order applies is the Commonwealth of Pennsylvania Deferred Compensation Program (hereinafter referred to as "Plan"). Any changes in Plan Administrator, Plan Sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 1?-- QDRO Page 2 5. Effect of this Order as a Qualified Domestic Relations Order. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer-sponsored defined contribution plan under section 457(b) of the Internal Revenue Code (the "Code"). 6. Pursuant to State Domestic Relations Law. This Order is entered pursuant to the authority granted in the applicable domestic relations laws of the Commonwealth of Pennsylvania. 7. Provisions of Marital Property Rights. This Order relates to the provisions of marital property rights between the Participant and the Alternate Payee. 8. Amount of Alternate Payee's Benefit. This Order assigns to the Alternate Payee an amount equal to 100.00% of the Participant's total account balance accumulated under the Plan as of the date of this Order (or the closest valuation date thereto). Further, such total account balance shall include all amounts maintained under all of the various accounts and/or sub-accounts established on behalf of the Participant. Such total account balance shall be determined after the account is reduced by the outstanding balance of the Participant's account reduction loan(s), if any, as of the valuation date specified above, such that the account balance shall not include the outstanding balance of any account reduction loan(s) as of the valuation date. The obligation to repay any Participant Plan loan(s) from and after the date of this Order remains solely with the Participant. The Alternate Payee's benefit herein awarded shall be credited with any interest and investment income (or losses) attributable thereon from the date of this Order (or the closest valuation date thereto) until the date of total segregation/distribution to the Alternate Payee. The Alternate Payee's portion of the benefits described above shall be allocated on a pro rata basis from all of the accounts and/or investment options maintained under the Plan on behalf of the Participant. Unless the Alternate Payee elects an immediate distribution that is permitted by the Plan at the time this Order is submitted to, and approved by, the Plan, such benefits shall also be segregated and separately maintained in a nonforfeitable Account(s) established on behalf of the Alternate Payee. This Account(s) will initially be established in the same fund mix percentages as the Participant account. 9. Commencement Date and Form of Payment to Alternate Payee. If the Alternate Payee so elects, the benefits shall be paid to the Alternate Payee as soon as administratively feasible following the date this Order is approved as a QDRO by the Plan Administrator, or at the earliest date permitted under the terms of the Plan or section 414(p) of the Code, if later. Benefits will be payable to the Alternate Payee in any form or permissible option otherwise available to participants under the terms of the Plan, except a joint and survivor payment. The Alternate Payee will be responsible for paying any applicable withdrawal charges imposed under any investment account(s) with respect to his or her share under the plan. 10. Alternate Payee's Rights and Privileges. On and after the date that this Order is deemed to be a QDRO, but before the Alternate Payee receives a total distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the rules regarding the right to designate the Alternate Payee's estate as beneficiary for death benefit purposes and r. w.. QDRO Page 3 the right to direct Plan investments, only to the extent permitted under the provisions of the Plan. 11. Death of Alternate Payee. In the event of the Alternate Payee's death prior to receiving the full amount of benefits assigned under this Order and under the benefit option chosen by the Alternate Payee, the remainder of any unpaid benefits under the terms of this Order shall be paid to the Alternate Payee's estate. The Alternate Payee may not designate a beneficiary other than his or her estate. 12. Death of Participant. Should the Participant predecease the Alternate Payee, such Participant's death shall in no way affect the Alternate Payee's right to the portion of the benefits as stipulated herein. 13. Savings Clause. This Order is not intended, and shall not be construed in such a manner as to require the Plan: a. to provide any type or form of benefit or any option not otherwise provided under the Plan; b. to provide increased benefits to the Alternate Payee; to pay any benefits to the Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a QDRO; or d. to make any payment or take any action which is inconsistent with any Federal or state law, rule, regulation or applicable judicial decision. 14. Certification of Necessary Information. All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 15. Continued Qualified Status of Order: It is the intention of the parties that this QDRO continue to qualify as a QDRO under section 414(p) of the Code, as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 16. Tax Treatment of Distributions Made Under This Order. For purposes of sections 402(a)(1) and 72 of the Code, or any successor Code section, any Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate Federal income tax on such distribution. 17. Parties Responsibilities in Event of Error. In the event that the Plan inadvertently pays the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that the Participant has received such benefit payments by paying such amounts directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays the Alternate Payee any benefits that are to remain the sole property of the Participant pursuant to the terms of this Order, the QDRO Page 4 Alternate Payee shall immediately reimburse the Participant to the extent that the Alternate Payee has received such benefit payments by paying such amounts directly to the Participant within ten (10) days of receipt. 18. Effect of Plan Termination. In the event of a Plan termination, the Alternate Payee shall be entitled to receive his or her portion of the Participant's benefits as stipulated herein in accordance with the Plan's termination provisions for participants and beneficiaries. 19. Continued Jurisdiction. The Court retains jurisdiction over this matter to amend this Order to establish or maintain its status as a qualified domestic relations order under Code section 414(p), as amended and the original intent of the parties as stipulated herein. The Court shall also retain jurisdiction to enter such further orders as are necessary to enforce the assignment of benefits to the Alternate Payee as set forth herein. 20. Notice of Pending Retirement. In the event that the terms of the Plan require the Alternate Payee to wait until the Participant's actual date of termination of employment or retirement before becoming eligible to receive a distribution, then the Participant shall be required to notify the Alternate Payee, in writing, within ten (10) days following such termination of employment or retirement. The notice shall be sent via regular first-class mail. For this purpose, the Alternate Payee shall notify the Participant of any changes in mailing address. 21. Fee. A processing fee of $250.00 shall be charged against the Alternate Payee's share of the account. Pl intiff/Alternate Payee ate A??- f2,r_4XK y ,?a a 9 Attorney for Plaintiff/ Date Alternate Payee Z? _,rlto4k?l - J,,?/ rnfor De n Date Partici ant v Jy 1y rz , C\j VJ MAY 19 2009?11?- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cynthia K. Reisinger Plaintiff CIVIL ACTION - LAW IN DIVORCE VS. Kenneth R. Reisinger Defendant NO. 08-2869 STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this 10 ay of 1 , the parties, Cynthia K. Reisinger, Plaintiff and Kenneth R. Reisinger, Defendant, do hereby Agree and Stipulate as follows: 1. The Defendant, Kenneth R. Reisinger (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania, State Employees' Retirement System (hereinafter referred to as "SERS"). 2. SERS, as a creature of statue, is controlled by the State Employees' Retirement Code, 71 Pa. C.S. §§5101-5956 ("Retirement Code"). 3. Member's date of birth is December 7, 1953, and his Social Security number is 176-46- 7164. 4. The Plaintiff, Cynthia K. Reisinger (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is August 30, 1957, and her Social Security number is 207-40-2779. 5. Member's last known mailing address is: 48 White Oak Blvd. Mechanicsburg, PA 17055 6. Alternate Payee's current mailing address is: 9 Honeysuckle Drive Mechanicsburg, PA 17050 s R DRO Page 2 It is the responsibility of Alternate Payee to keep a current mailing address on file with SERS at all times. 7. The Member and the Alternate Payee agree that the Alternate Payee's equitable distribution portion of the Member's retirement benefits is $54,090.00 increased with interest at the statutory rate (currently 4% per annum) compounded annually from December 30, 2008, until the first to occur of (a) the date of commencement of a disability retirement benefit to the Member or (b) the date of death of the Member or (c) the date of commencement of a retirement benefit (other than a disability retirement benefit) to the Member. 8. Member's retirement benefit is defined as all monies paid to or on behalf of Member by SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by SERS as a result of a disability which occurs before Member's marriage to Alternate Payee or after the date of Member's and Alternate Payee's final separation. Member's retirement benefit does not include any deferred compensation benefits paid to Member by SERS. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph Seven (7), shall be payable to Alternate Payee and shall commence as soon as administratively feasible on or about the date Member actually enters pay status and SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by SERS, if the Member dies before the effective date of his retirement. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or his authorized representative, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of Alternate Payee's equitable distribution portion ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death. DRO Page 3 (a) If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. (b) In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to SERS which will allow the Alternate Payee to check that she has been and continues to be properly nominated under this paragraph. 10. The term and amounts of Member's retirement benefits payable to Alternate Payee after SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement depends upon which options Member selects upon retirement. Member and Alternate Payee expressly agree that at the time Member files an Application for Retirement Allowance with SERS: (a) Member shall elect to take a lump sum withdrawal of his accumulated deductions of at least the amount of the Alternate Payee's equitable distribution share, as set forth in Paragraph 7. Alternate Payee's equitable distribution portion, as set forth in Paragraph 7, shall be payable from that withdrawal. (b) In addition, Member may select any SERS retirement option for his monthly annuity. 11. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. The Member and Alternate Payee agree that if the Member becomes disabled, the Member shall file an application for disability retirement and he shall elect the. maximum DRO Page 4 disability option. The Alternate Payee's share of the Member's disability retirement benefits shall be paid to the Alternate Payee, by deducting $1,000.00 from only the early retirement portion of the Member's monthly disability retirement benefit and paying this amount to the Alternate Payee until and only until the Alternate Payee's share, as set forth in Paragraph 7, has been fully paid. If the Member dies while receiving a disability retirement benefit from SERS, any death benefit payable by SERS shall be paid to the Alternate Payee to the extent, if any, that her equitable distribution portion of the Member's retirement benefit, as set forth in Paragraph 7, exceeds the total of the monthly payments she previously received. The Member and Alternate Payee acknowledge that if no death benefit is payable from Member's account pursuant to the Disability Maximum Single Life Annuity option at the time of the Member's death, no additional payments will be made to the Alternate Payee. 13. In the event of the death of Alternate Payee prior to receipt of all of her payments payable to her from SERS under this Order, any death benefit or retirement benefit payable to Alternate Payee by SERS shall be paid to the Alternate Payee's estate to the extent of the Alternate Payee's equitable distribution portion of Member's retirement benefit. 14. In no event shall Alternate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by SERS. The Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Order. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Order are preserved for Member. Member and Alternate Payee acknowledge that benefits paid pursuant to this Stipulation and Agreement are and shall remain subject to the Public Employee Pension Forfeiture Act, 43 P.S. §1311, et seq. 15. It is specifically intended and agreed by the parties hereto that this Order: (a) Does not require SERS to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code; (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living or increases based on other than actuarial values. DRO Page 5 16. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 17. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. 18. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. The Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until further Order of the Court. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and se. P1 ntiff/Alternate Payee r Attorney for Plaintiff/Alt nate Payee 't/3 blo? o y or De ant ?w O a?-f 4 I