Loading...
HomeMy WebLinkAbout09-3623 BRYON S. BENNER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. . NO. oR - 3(oa3 iv i l ?T?e.?'µ LAURIE C. BENNER, : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE PROMPT ACTION. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A DECREE OF DIVORCE OR ANNULMENT MAY BE ENTERED AGAINST YOU BY THE COURT. A JUDGMENT MAY ALSO BE ENTERED AGAINST YOU FOR ANY OTHER CLAIM OR RELIEF REQUESTED IN THESE PAPERS BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, INCLUDING CUSTODY OR VISITATION OF YOUR CHILDREN. WHEN THE GROUND FOR THE DIVORCE IS INDIGNITIES OR IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE, YOU MAY REQUEST MARRIAGE COUNSELING. A LIST OF MARRIAGE COUNSELORS IS AVAILABLE IN THE OFFICE OF THE PROTHONOTARY AT THE CUMBERLAND COUNTY COURTHOUSE, I COURTHOUSE SQUARE, CARLISLE, PA 17013. 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 BRYON S. BENNER, Plaintiff VS. LAURIE C. BENNER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Z4-1- NO. o q- 3? a 3 Ot,?x-j -F CIVIL ACTION - LAW IN DIVORCE COMPLAINT DIVORCE UNDER &3301(c) or §3301(d) OF THE DIVORCE CODE 1. Plaintiff is Bryon S. Benner, who currently resides at 317 Hertzler Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Laurie C. Benner, who currently resides at 317 Hertzler Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth ofPennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on July 11, 1994 in Camp Hill, Pennsylvania. 5. The parties have two minor child from the marriage: Thaddeus B. Benner, born April 28, 1995 and Lydia A. Benner, born October 1, 1996. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Neither party is presently a member of the Armed Forces on active duty. 8. Plaintiff has been advised that counseling is available and that he may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued. 9. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are: (a) §3301(c). The marriage of the parties is irretrievably broken; and (b) §3301(d). The marriage of the parties is irretrievably broken and, at the appropriate time, Plaintiff will submit an affidavit stating that the parties have been living separate and apart for a period of at least two (2) years. 10. Plaintiff requests This Honorable Court enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order dissolving the marriage between Plaintiff and Defendant. Respectfully submitted, COLGAN MARZZACCO LLC By: Timothy quire Attorney ID # 77944 130 West Church Street Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Fax: (717) 502-5050 Dated: BRYON S. BENNER, Plaintiff VS. LAURIE C. BENNER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I, Bryon S. Benner, 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. CS. §4904, relating to unsworn falsification to authorities. Date: - 2-? 0 44E ?"' ? - BRY S. BENNER Plaintiff i -Ar $338.so PO ArW MW 3085 el* 0=0114f 9. The cause of action and sectioiilpice Code under which Plaintiff is proceeding are; (a) §3301(c). The marriage of the parties is irretrievably broken; and (b) §3301(d). The marriage of the parties is irretrievably broken and, at the appropriate time, Plaintiff will submit an affidavit stating that the parties have been living separate and apart for a period of at least two (2) years. 10. Plaintiff requests This Honorable Court enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order dissolving the marriage between Plaintiff and Defendant. By: Respectfully submitted, COLGAN MARZZACCO LLC Timothy J. Colgan, Esquire Attorney ID # 77944 130`,V6rest Church Street Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Fax: (717) 502-5050 Dated: BRYON S. BENNER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09-3623 Civil Term LAURIE C. BENNER, : CIVIL ACTION - LAW Defendant : IN DIVORCE RETURN OF SERVICE On the ?2,Q*"day of 1vNE- 2009, I, David Rudy, Process Server, served LAURIE C. BENNER, with the Divorce Complaint filed on June 3, 2009 by Hi4ND 1N e, L../4uR 1,. e. Z f-n/iy6A (manner of service) at 3107 M iA TALsR, -RJ ,/71;ENAr11CS,? ?? R ?? , at Q •,1d P.m. (time of service). I verify that the statements in this return of service 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. /? zw, DAVID RU DIV FILED Ol THE- 2009 JUL - 6 PH 2: C 2 PE'I t,,SYLVA[VdA BRYON S. BENNER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09-3623 Civil Term LAURIE C. BENNER CIVIL ACTION -LAW Defendant IN DIVORCE PRAECIPE TO ENTER APPEARANCE Please enter my appearance as counsel for the Defendant, Laurie C. Benner, in the above-captioned matter. 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Date:' 1 OE THE 4=R;"'}.,: r ° 'NOTART 2609 PJ . -9 P 11: 0 0 BRYON VS. LAURIE BENNER, n nm IN THE COURT OF COMMON PIAS S4 -+ Plaintiff CUMBERLAND COUNTY PENN , 2= r- i -ern MC) s NO: 09-3623 c BENNER, Z 3 CIVIL ACTION - LAW ? -n , Defendant _ IN DIVORCE --s ::0 AFFIDAVIT OF CONSENT 1. June 3, 20 2. have elaps 3. request en, 4. fees and ea I of statements Date: A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days 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 of the decree. I understand that I may lose rights concerning alimony, division of property, lawyer's if I do not claim them before a divorce is granted. that the statements made in this Affidavit are true and correct. I understand that false vin are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn to authorities. LAURIE C. BENNER, Defendant 0 BRYON S? BENNER, Plaintiff vs. LAURIE C. BENNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 09-3623 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. 2. fees or exI 3. and that a IV( statements I consent to the entry of a final decree of divorce without notice. C7) c rnm =-n r -<> cD z -° = ?-n ? z rv x?3 dr u.D „< I understand that I may lose rights concerning alimony, division of property, lawyer's -s if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court of the decree will be sent to me immediately after it is filed with the Prothonotary. that the statements made in this affidavit are true and correct. I understand that false are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification Ito authorities. Date: -7 Vi /8 LAURIE C. BENNER, Defendant O BRYON S? BENNER, Plaintiff VS. LAURIE C . BENNER, Defendant 1. June 3, 20( 2. have elaps( 3. request ent 4. fees and ex I ve statements falsificatioi Date: & AFFIDAVIT OF CONSENT - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 09-3623 -vim --- --r 2 rYi ? rn CIVIL ACTION - LAW vziD r- ? IN DIVORCE r-<-z: ch -4 ':P cn Ca b = =--n DZ N C) rrI A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days 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 of the decree. I understand that I may lose rights concerning alimony, division of property, lawyer's tses if I do not claim them before a divorce is granted. that the statements made in this Affidavit are true and correct. I understand that false -rein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn ra authorities. BR -06N S. BENNER, Plaintiff O BRYON S? BENNER, Plaintiff VS. LAURIE C . BENNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 09-3623 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. 2. fees or exI 3. and that a I of statements Date I consent to the entry of a final decree of divorce without notice. c-I = PV c `n rnw =-n x x ?-- -u cn ov : A5 N t 7 z I understand that I may lose rights concerning alimony, division of property, lawyer's ices if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court of the decree will be sent to me immediately after it is filed with the Prothonotary. that the statements made in this affidavit are true and correct. I understand that false in are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn to authorities. BRY S. BENNER, Plaintiff c'z rv er' C:5 `Pt Mr- MARITAL SETTLEMENT AGREEMENT Win, aI.,''- --4(:) ?o day a = z?r T SAGREEMENT, made this J th U-,1 of , d ? 20 , 1 LAURIE BENNER (hereinafter referred to as "WIFE") and BRYON S. BENNER to as "HUSBAND") W REAS, Husband and Wife were lawfully married on July 9, 1994 and have been separate and apart within the meaning of the Pennsylvania Divorce Code since June 29, 2009; and WHEREAS, there are two children born of this marriage, Thadeus B. Benner, born April 28, 1995 (a a sixteen years) and Lydia A. Benner, born October 1, 1996 (age fourteen years); and W REAS, the parties hereto are desirous of resolving fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling o all matters between them relating to the ownership of real and personal property, the support and aintenance of one another and, in general, the settling of any and all claims and possible cl . s ,'by one against the other or against their respective estates. NO THEREFORE, in consideration of these premises, and of the mutual promises, covenants an undertakings hereinafter set forth, and for other good and valuable consideration, the receipt andsufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and . Each shall be free from all control, restraint, interference and authority, direct or indirect by the other. Each may reside at such place or places as he or she may select. Each may, 1 ?? ? 1 for his or hoer separate use or benefit, conduct, carry on or engage m any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, hara dwell by ani the use, owr by the other 2. disturb or malign each other, nor compel or attempt to compel the other to cohabit or means or in any manner whatsoever with him or her. Neither party will interfere with enjoyment or disposition of any property now owned by or hereafter acquired ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity ?o receive independent legal advice from counsel of his or her selection. Wife has been represented this matter by Charles Rector, Esquire, and Husband has been represented in this matter by ' da A. Clotfelter, Esquire. Each party has had the onnortunity to review thk Agreement each fully understands the facts and his or her legal rights and obligations. Each party also acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, an that it is being entered into freely and voluntarily, and that the execution of this Agreement i not the result of any duress or undue influence, and that it is not the result of any improper or i egal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or ?rqperty owned or possessed individually by the other, counsel fees and costs of litigation and acknowledgir the parties, a Cumberland ( holly knowing the same, each party hereto still desires to execute this Agreement that the terms and conditions set forth herein are fair, just and equitable to each of waives his and her respective right to have the court of Common pleas of , or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable di button, counsel fees and costs of litigation. 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aw of his or her right to seek discovery including, but not limited to, written interrogato . s motions for production of documents, the taking of oral depositions, the filing of inventories d all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvani Mules of Civil Procedure. Each of the parties further acknowledges that he or she has had the op rtunity to hire counsel to explain the concept of marital property under Pennsylvania law and eac is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court f competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held join lY, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumerati n' or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to ? make or append hereto any further enumeration or statement. Specifically, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other ocumentatiion. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of as is as set forth in this Agreement is fair, reasonable, and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, ex utors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, d allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that y this Agreement they have resolved all ancillary economic issues related to the dissolution f their marriage and thus any divorce action with respect to these parties shall be limited to a laim for divorce only. Husband filed a Divorce Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania, Docket No. 09-3623 Civil Term on July 3, 2009. The parties agree that concurrently with the execution of this Agreement each shall execute an Affidavit of Consent d Waiver of Notice of Intention to Request Entry of Divorce Decree so that either party may fbialize the divorce action in a timely fashion. In the event, for whatever reason, either party fails o refuses to execute such affidavit upon the other party's timely request, that party shall inde fy, defend and hold the other harmless from any and all additional expenses, including ac counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to a edute a consent form and that, absent some breach of this Agreement by the proceeding p irty, there shall be no defense to such action asserted. 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreem t' are transfers between Husband and Wife incident to their divorce and as such are nontaxable, th no gain or loss recognized. The transferee's basis in the property shall be the adjusted basi df the transferor immediately before the transfer. The transfers herein are an equal division of m 'tal property for full and adequate consideration and as such will not result in any gift tax ? I,i 6. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; 2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have 41 court hold hearings and make decision on the matters covered by this Agreement, which court decision concerning the parties' respective rights and obligations might be different from the prof isions of this Agreement. Each party acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Give said understanding and acknowledgment, both parties hereby waive the following procedural ri ts: a. Inventory: The right to obtain an inventory of all marital and separate property as defined by the Pennsylvania Divorce Code. b. Income and Expense Statement: The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter required to be filed in any child support action or any other proceedings pursuant to an order of court. C. iscove : The right to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out of a breach of this Agreement, out of any child support action, or out of any other proceedings in which discovery is specifically ordered by the court. d. Determination of Marital and Non-Marital Property: The right to have the court determine which property is marital and which is non-marital, and equitably 5 pb 11 distribute between the parties that property which the court determines to be marital. e. Other Rights and Remedies: The right to have the court decide any other rights remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs and expenses. 7. EOUITABLE DISTRIBUTION. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code. The division of existing marital property is not intended by the parties to c nstitute in any way a sale or exchange of assets, and the division is being affected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties, and hall be as follows: A. 'REAL ESTATE 1. Marital Residence at 317 Hertzler Row- Mechani - csbura. Pennsvlvania 17055: The ies acknowledge that during the marriage they purchased real property situate 317 Hertzler Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter "Marital Residence"). The real estate was recently appraised for $175,000.00 and it is presently encumbered by one (1) mortgage with a principal balance of ap roximately $168,000.00. The parties agree that Wife shall retain the Marital Residence and Husband shall iv any and all rights that he may have had, he may now have, or he may have in the ur in the same, including but not limited to those rights pursuant to the equitable provisions of the Pennsylvania Divorce Code upon Wife's refinance of the on the marital real estate. 6 The parties agree that Husband and Wife shall execute a deed within seven (7) in of the date of execution of this Agreement, conveying the Marital Residence from parties to Wife's name alone. The deed, once executed by the parties, will be held by Husband's counsel until such time as Husband is released from the and promissory note for the Marital Residence. The parties also specifically upon the following: a. Wife's Occupancy. The parties agree that Wife shall be entitled to exclusive use and occupancy of the Marital Residence. It is further agreed that Wife shall be solely responsible for all expenses relating to the Real Estate, including, but not limited to, real estate taxes, insurance, utilities and the like and she shall hold Husband harmless for same. It is further agreed that all household utility accounts not in Wife's name alone, shall be transferred to Wife's name alone within ten (10) days of the execution of this Agreement. b. Wife's Refinance. Wife agrees to apply to refinance the mortgage such that Husband is relieved of any and all liability for same within twelve (12) months of the date of execution of this Agreement. Wife shall be solely responsible for any and all costs associated with her refinance of the mortgage pursuant to this Agreement. C. Relocation. Husband shall vacate the Marital Residence no later than 6:00 p.m. on the date of execution of this Agreement provided that the following documents are fully executed: This Marital Settlement Agreement, the Joint Stipulation of Custody, the Promissory Note referenced in Paragraph 8(c)(3), and the Affidavits of Consent and Waivers of Notice per Paragraph 4 of this Agreement. The Children shall also move with Husband as per this Paragraph pursuant to the Joint Stipulation of Custody signed concurrently herewith, same being incorporated herein. However, given the possible need for a transition period for the Children, it is specifically agreed by the parties that any deviation from the stipulated custody schedule and resulting Order during that transitional period shall not be prejudicial to either party. Investment Property at 1001 Keystone Way, Newport, Pennsylvania The parties acknowledge that prior to the marriage they purchased real property at 1001 Keystone Way, Newport, Pennsylvania 17074 (hereinafter "Investment 7 dc? Pro rty" ). The Investment Property was recently appraised for $239,000.00. It is enc tiered by one (1) mortgage with a principal balance of approximately $70,000.00. The parties agree that Husband shall retain the Investment Property and Wife steal waive any and all rights that she may have had, she may now have, or she may have in flie? future in the same, including but not limited to those rights pursuant to the equitable distribution provisions of the Pennsylvania Divorce Code upon Husband's re ce of the mortgage on the Investment Property. The parties agree that Husband and Wife shall execute a deed within seven (7) days of the date of execution of this Agreement, conveying the Investment Property Residence from both parties to Husband's name alone. The deed, once executed by the )arti s, will be held in escrow by Husband's counsel until such time as Wife is released rom the mortgage and promissory note on the Investment Property. The parties also tgre upon the following: a. Husband's Use and Occupan cy. The parties agree that Husband shall be entitled to exclusive use and occupancy of the Investment Property. It is further agreed that Husband shall be solely responsible for all expenses relating to the Investment Property, including, but not limited to, real estate taxes, insurance, utilities and the like and he shall hold Wife harmless for same. Any income generated by the property shall also be Husband's sole and separate property and Husband shall be entitled to and responsible for any tax benefits, liabilities or deductions related to the Investment Property beginning with the 2011 tax year. b. Husband's Refinance. Husband agrees to apply to refinance the mortgage such that Wife is relieved of any and all liability for same within twelve (12) months of the date of execution of this Agreement. Husband shall be solely responsible for any and all costs associated with his refinance of the mortgage pursuant to this Agreement. B. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY: The parties acknowledge that they have mutually agreed upon a distribution of the household and personal property located in the parties' Marital Residence as per Exhibit "A" attached hereto and incorporated herein. It is agreed that Husband shall remove as much as possible of the personal property listed in Exhibit "A" to be retained by him when he vac t Is the Marital Residence per Paragraph 7(A)(1)(c) and Husband's personal property per Exhibit "A" not immediately removed by Husband shall be removed no later than fifte n, (15) days from the date of execution of this Agreement. Neither party shall make any claim to or cause any damage to any such items of marital property designated to the other party, or of the separate personal property of eith r party, which are now in the possession and/or under the control of the other, with the xception of the personal property designated to Husband in Exhibit "A" which shall be moved from the Marital Residence no later than fifteen (15) days from the date of exec tion of this Agreement. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this Paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of gible personal property, it is physically in the possession or control of the party at the time of the signing of this Agreement (with the exception of the property designated to H band per Exhibit "A") or as per the time limitations described, above, and in the case of intangible personal property, if any physical or written evidence of ownership, such passbook, checkbook, policy or certificate of insurance or other similar writing is in C. 1. 1?10 71-5-1 or control of the party. MOTOR VEHICLES: 2004 Dodge Durango - The parties agree that Wife shall retain exclusive use and ownership of the 2004 Dodge Durango which is not encumbered. Wife shall be fully and solely responsible for any and all financial or other obligations associated with the vehicle including proper insurance and she agrees to indemnify and hold Husband harmless from same. 4Qh ? \1 9 GI\ , 2. 1999 Ford F150 Truck - The parties agree that Husband shall retain exclusive use and ownership of the 1999 Ford F150 Truck which is not encumbered. Husband shall be fully and solely responsible for any and all financial or other obligations associated with the vehicle including proper insurance and he agrees to indemnify and hold Wife harmless from same. 3. 2002 Saturn L300 - The parties agree that Husband shall retain exclusive use and ownership of the 2002 Saturn L300 which is not encumbered. Husband shall be fully and solely responsible for any and all financial or other obligations associated with the vehicle including proper insurance and he agrees to indemnify and hold Wife harmless from same. 4. ,2004 Harlev Davidson - The parties agree that Husband shall retain exclusive use and ownership of the 2004 Harley Davidson which is not encumbered. Husband 'shall be fully and solely responsible for any and all financial or other obligations associated with the vehicle including proper insurance and he agrees to indemnify and hold Wife harmless from same. 5. ,1999 All Terrain Vehicle - The parties agree that Husband shall retain exclusive use and ownership of the 1999 all terrain vehicle which is not encumbered. Husband shall be fully and solely responsible for any and all financial or other obligations associated with the vehicle including proper insurance, if necessary, and he agrees to indemnify and hold Wife harmless from same. D. PENSION. PROFIT-SHARING. RETIREMENT OR OTHER PLANS REL ED TO EMPLOYMENT: The parties acknowledge that each has obtained the marriage certain pension, profit-sharing, other retirement plans related to More specifically, each party has a Public School Employees Retirement ("PSERS") retirement account. The parties acknowledge that they have shared documentation of these accounts and gall they have the right to have the retirement accounts professionally valued to the value of the accounts as marital property; however, the parties expressly ive their right to do so. The parties specifically agree that each shall retain the i?n; profit-sharing, other retirement plans related to employment that are titled to each and clear of any right, claim, title, or interest of the other party. It is further e?4 71SIi? 1 10 E. The parties agree that they have distributed to each, to and in F. G. all agreed that each shall execute immediately upon request any documents to effectuate the purpose of this paragraph. DISTRIBUTION OF CASH ASSETS STOCKS AND BONDS AND mutual satisfaction, the sums deposited in the marital bank accounts and other accounts. The parties further agree that they shall retain as their respective sole property any other depository or brokerage accounts, stocks, or bonds held respective individual names. If either party remains upon an account to be by the other party, the parties agree that they shall take all steps that are to title the account to a sole name within thirty (30) days of the date of this LIFE INSURANCE. The parties acknowledge that they obtained during the tge certain life insurance policies. It is specifically agreed that each party shall any and all life insurance policies in which he or she are named as the insured. It is r specifically agreed that these marital life insurance policies shall list the parties en as beneficiaries although there shall not be any limitation regarding the ing, continuation, or termination of any life insurance policies to be retained by of the parties pursuant to this paragraph. GENERAL PROPERTY: As of the execution date of this Agreement, any and not specifically addressed herein shall be owned by the party to whom the is titled; and if untitled, the party in possession on the date of execution of this with the exception of the household goods and personal property in Exhibit 71SA 11 "A".1 This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any Od all rights in such property from each to the other. H. PROPERTY TO WIFE: The parties agree that Wife shall own, possess, and enjo?, free from any claim of husband, the property awarded to her by the terms of this kgr went shall become Wife's property after she has Husband released from any and all iabi ity for same. Husband hereby quitclaims, assigns and conveys to Wife all such pro rty, and waives and relinquishes any and all rights thereto, together with any ins ce policies covering that property, and any escrow accounts relating to that pro rty. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of 1. such insin prop, of an 8. has not, and estate might claims or de: the date of si and all rights in such property from Husband to Wife. PROPERTY TO HUSBAND: The parties agree that Husband shall own, )Sy and enjoy, free from any claim of Wife, the property awarded to him by the of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all , and waives and relinquishes any and all rights thereto, together with any policies covering that property, and any escrow accounts relating to that ty. This Agreement shall constitute a sufficient bill of sale to evidence the transfer and all rights in such property from Wife to Husband. DEBTS. Husband represents and warrants to Wife that since the separation he 1 the future he will not contract or incur any debt or liability for which Wife or her e responsible, and he shall indemnify and save Wife harmless from any and all made against her by reason of such debt or obligation incurred by him since i separation, except as otherwise set forth herein. 12 Wi future she be respons demands n of said sep; a. b. C. represents and warrants to Husband that since the separation she has not, and in the 11 not, contract or incur any debt or liability for which Husband or his estate might e, and she shall indemnify and save Husband harmless from any and all claims or le against him by reason of such debts or obligations incurred by her since the date except as otherwise set forth herein. The parties also agree to the following: Marital Debt. During the course of the marriage, Husband and Wife have incurred certain bills and obligations that are marital debt. It is their specific desire to address a distribution of those debts herein. The parties agree that each party shall retain as his or her sole and separate obligation the marital debt as described in this section. General Provision: Any debt herein described shall be deemed to include the current balance owed on the debt as of the date of execution of this Agreement. Wife's debts: Wife shall be solely responsible for the following bills and debts: Real Estate: Any and all expenses related to the Marital Residence including but not limited to the real estate taxes, mortgages assessments, maintenance, homeowner's insurance and costs to refinance. 2. Vehicle: Any and all expenses related to the 2004 Dodge Durango being retained by wife pursuant to this Agreement. 3. Personal Loan: Personal loan owed to Helen S. Benner with a principal balance due of $36,000.00. It is specifically agreed by the parties that Wife shall execute a Promissory Note, concurrently with this Agreement evidencing the fact that she will make a lump sum payment of $36,000.00 to Helen S. Benner within forty five (45) days of the date of execution of this Marital Settlement Agreement. 4. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Wife's sole name and/or incurred by Wife prior to and since the date of separation, and not otherwise provided for herein. d. Husband's Debts: Husband shall be solely responsible for the following bills and debts: Real Estate: Any and all expenses related to the Investment Property including but not limited to the real estate taxes, mortgages 13 assessments, maintenance, homeowner's insurance and costs to refinance. 2. Vehicles: Any and all expenses related to the vehicles being retained by Husband pursuant to this Agreement. 3. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Husband's sole name or incurred by Husband prior to and since the date of separation, and not otherwise provided for herein. e. Indemnification: Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. This includes but is not limited to any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. f. No Further Charges on Joint Debts: Neither party shall make any further charges on any joint debt for which the other party may be responsible, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay same. From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. g• Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. 9. INCOME TAX. Prior to the 2010 tax year, the parties filed joint federal and state tax re s. Both parties agree that, in the event any deficiency in federal, state or local income tax i proposed or any assessment of any such tax is made against either of them, each will indemni and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, int es t, penalty or expense shall be paid solely and entirely by the individual who is finally dete red to be the cause of the misrepresentations or failures to disclose the nature and extent of his r her separate income on the aforesaid joint returns. It is also specifically agreed 1?70-j/ nisi,, 14 that each prig agrees to execute immediately upon request any and all documentation necessary to effectuate the terms of this paragraph. 10. CHILD SUPPORT SPOUSAL SUPPORT ALIMONY AND ALIMONY PENDE CITE. The parties acknowledge a child support proceeding has not been initiated through the Domestic Relations Section of the Court of Common Pleas of Cumberland County, yet they wi h' to establish in this Agreement terms specific to the support of the parties' two children as dll as spousal support through the entry of a divorce decree and alimony thereafter, if necessary. Except as otherwise provided herein, both parties accept the provisions of this Agreement and the Support Agreement executed concurrently herewith, same being attached hereto as Exhibit "B" and fully incorporated herein, in lieu of and in full and final settlement and satisfaction f all claims and demands that they may now or hereafter have against the other for child suppoit, spousal support, alimony, alimony pendente lite, counsel fees or expenses. Accordingly, the parties expressly agree that child support, spousal support and/or alimony shall addressed fo lows- 1. Suuuort Effective Date. For purposes of this Agreement, the Support Effective Date shall be on the date of execution as defined in this Agreement. 2- 90 ort Payments. From the Support Effective Date for a period of forty-eight A months thereafter, the parties agree to waive the right to child support from the ther party. During this period of time it is specifically agreed that the reimbursed edical expenses for the care of the Children shall be shared equally by the parties. ie parties acknowledge the financial needs of both parties are reliant upon the ms of this Agreement and particularly this paragraph to maintain himself/herself d their children. Given the disparity in the parties' incomes, it is possible that mony may have been awarded if pursued by Husband, thus his waiver of irony is being made in reliance upon the agreement of the parties that there will no child support obligation. It is the parties' express intent that no child support paid by either party for forty-eight (48) months from date of execution of this 0,reement. Thus, it is expressly agreed that if a child support obligation is 4blished for any reason, at any time from the support effective date for a period forty-eight (48) months immediately thereafter, the party receiving child support ??W 15 i J\X? shall be required to pay the other party alimony equal to the sum to be paid in child support. The award or offset of alimony as described herein shall apply for a total of forty-eight (48) months and any alimony paid due to a child support obligation shall not be income to the recipient nor shall it be tax deductible by the payor. If an alimony obligation is established due to the entry of a child support obligation pursuant to this provision, the alimony obligation would only be modifiable to the extent that it may have to be increased or decreased due to an increase or decrease in the child support award and the alimony shall terminate upon either party's death, but not upon remarriage or cohabitation. 3. If Wife violates this provision by filing for child support or if the court refuses to enforce this provision providing for the payment of alimony equal to any child support received by a party, then Husband shall be awarded modifiable alimony payable by Wife effective upon the date Wife files for child support. The sum shall be determined by the court under the alimony provisions of the Divorce Code. It shall be retroactive to the date Wife filed for child support. It shall continue as long as Husband is required to pay child support will otherwise only be terminated upon Husband's death. The alimony paid by Wife to Husband as per this subsection shall not be tax deductible to Wife nor shall it be reported as income to Husband. Domestic Relations Section. It is expressly agreed that any sum to be paid by alimony per this provision shall be accomplished administratively by the Domestic Relations Section with full and complete cooperation of both parties without delay. The parties expressly understand, agree, and intend that if a child support obligation becomes effective subsequent to the forty-eighth (48'') month following the date of execution of this Agreement, there will be no award or offset of alimony as described herein. 4. Medical Insurance Covers e. Wife shall continue to provide the primary health insurance coverage for the benefit of the parties' children at her expense and Husband shall continue to provide the secondary coverage at his expense. This provision shall remain effective as long as the coverage is available to each parry through his or her employer at a reasonable cost. 11. the right to each party eligible del alternate ar 'SAX DEPENDENCY EXEMPTIONS. The parties agree that they shall share the tax dependency exemptions for their children. It is specifically agreed that utilize one tax dependency exemption each tax year while both children are When only one child is an eligible dependent, then the parties agree to the right to utilize the tax dependency exemption beginning with the parent 171S 16 o -?1`1 ? who would benefit the most financially taking the one available tax dependency exemption and alternating annually thereafter. 12. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all ri is of inheritance in the estate of the other, any right to elect to take against the will or any trust f the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, 'but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 13. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in 's Agreement, each parry hereto specifically waives any and all beneficiary rights and any and 1' rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, b not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any post-death distribution schemes, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other whi h are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, th beneficiary shall be deemed to be the estate of the deceased party. 14. WAIVER OF CLAIMS. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by 17 ?` l? the executi? n of this Agreement an absolute and unconditional release and discharge from all causes of lion, claims, rights or demands whatsoever in law or in equity, which either party ever had or ow has against the other. 15. period of f marital est audits. PRESERVATION OF RECORDS. Each party will keep and preserve for a (4) years from the date of their divorce decree all financial records relating to the ., and each party will allow the other party access to those records in the event of tax 16. BANKRUPTCY. The parties further warrant that they have not heretofore instituted y proceedings pursuant to the bankruptcy laws; there are no such proceedings pending wi respect to them which have been initiated by others; and they agree not to file a bankruptcy coon prior to the completion of their respective obligations of this Agreement. It is stipulated an agreed by the parties that any payment made by one party to or for the benefit of the other p , including the direct payment of marital debt and other obligations addressed in this Agreement, shall be deemed to be in the nature of support and maintenance and shall not be dischargeable in bankruptcy. The parties acknowledge that the payments and other terms of this Agreement a necessary for the parties to meet their financial obligations and to support and maintain the' standard of living. Also, if either party files for bankruptcy, this Agreement shall constitute conclusive evidence of the parties' intent that the obligations in the nature of maintenance and support are not dischargeable under current bankruptcy law or under any amendment hereto and the parties agree to consent to any motion filed requesting that the bankruptcy the Is abstain from deciding the dischargeability of the obligations in order to allow Court of Common Pleas to rule upon this issue. 4 ? ? -715 / 18 17. I COUNSEL FEES AND COSTS. Husband and Wife each agree to be responsible far their own attorney's fees and costs incurred with respect to the negotiation and drafting of tis Marital Settlement Agreement and the divorce proceedings related thereto. 18. MODIFICATION. No modification, rescission, or amendment to this Agreement 19. competent ji nevertheless in any way. 20. party shall 1 deemed to b inconsistent a. b. C. d. be effective unless in writing signed by each of the parties hereto. SEVERABILITY. If any provision of this Agreement is held by a court of to be void, invalid or unenforceable, the remaining provisions hereof shall survive and continue in full force and effect without being impaired or invalidated ;BREACH. If either party breaches any provision of this Agreement, the other Ve the following rights and remedies, at his or her election, all of which shall be cumulative and not in the alternative, unless said cumulative effect would have an cult or would result in a windfall of the other party: Specific Performance: The right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. -Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa.C.S.A. Section 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. Other Remedies: Any other remedies provided for in law or in equity. Furthermore, if either party fails to complete his or her obligations under the terms of this Agreement in a timely manner, or if a party seeks support in violoation ovParagraph 10 or if that paragraph is determined to be unenforceable, it is expressly agreed that the waivers of support and maintenance; alimony 19 4W 71SI, pendente lite and/or alimony shall become null and void. Thus, the non-breaching party shall be entitled to pursue claims for support and maintenance; alimony pendente lite and/or alimony immediately and the effective date for a determination of support and maintenance; alimony pendente lite and/or alimony shall be the date that the other parry breached the Agreement. e. Considerations for Reasonable Attorneys Fees: Any award of "reasonable attorney's fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforce by the non-breaching party. 21. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement y the other party will not be deemed a waiver of any other breach or any provision of this Aare ient_ 22. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed d enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of his Agreement. 23. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreements 1 be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last paity to execute this Agreement. 24. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties of the execution date. 25. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreements all remain in full force and effect and shall not be abrogated even if the parties effect a recon filiation, cohabit as husband and wife or attempt to effect a reconciliation. This 20 ?7 ? +,\\ ?k Agreement shall be no i a statement 26. of the sever reference ar construction 27. bind the part assigns, and 28. read this Agi her own chc attorney, if concerning d the parties. against either 29. to the other a? tax returns, aj may be neces either party ut shall continue in full force and effect in the event of the parties' divorce. There or waiver of any of the terms hereof unless the parties in writing execute ing this Agreement or any term of this Agreement to be null and void. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text paragraphs and subparagraphs hereof are inserted solely for convenience of shall not constitute a part of this Agreement nor shall they affect its meaning, effect. ;AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall hereto and their respective heirs, executors, administrators, legal representatives, in any interest of the parties. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully that he or she has sought sufficient legal advice from legal counsel of his or if any, and has executed it voluntarily and in reliance upon his or her own Y; and that this instrument expresses the entire agreement between the parties subjects it purports to cover and supersedes any and all prior agreements between his Agreement should be interpreted fairly and simply, and not strictly for or the parties. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver deeds, bills of sale, assignments, consents to change of beneficiary designations, other documents, and shall do or cause to be done every other act or thing that or desirable to effectuate the provisions and purposes of this Agreement. If fails on demand to comply with these provisions, that party shall pay to 21 4 -11? X \\k the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 30. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decre of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as ended, and in addition, shall retain any remedies in law or in equity under this Agreement an independent contract. Such remedies in law or equity are specifically not waived or re eAsed_ 31. BINDING EFFECT. BY SIGNING THIS AGREEMENT, EACH PARTY O EDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEA THIS A( WERE O IN have heret WITNESS , AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF SHALL BE AS BINDING UPON THE PARTIES AS IF THEY BY THE COURT AFTER A FULL HEARING. WHEREOF, and intending to be legally bound hereby, the parties hereto ) set their hands and seals the day and year first above written. LAURIE C. BENNER B&RS MNER 22 lo 41b COMMONWEALTH OF PENNSYLVANIA COUNTY ?F CUMBERLAND On his day of Amm-, 2011, before me, the undersigned officer, personally appeared LAURIE C. BENNER, known to me (or satisfactorily proven) to be the person whose name is sub ctibed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained.. TAMMY S. FAUST, Notary Public i LvAwAlbn Twp., ClMOWWb d County My Commission ExpNrs July 03, 2014 Notary uufVmo ALTH OF PENNSYLVANIA COUNTYO CUMBERLAND On this j Jam" day of ?e,l 2011, before me, the undersigned officer, personally appeared BR ON S. BENNER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. A. Ckdclter, Notayy PnbHe Ian Twp, CumbedoW County bAm expires June 21, 2014 /J/6 -71's 23 4?b t I To 1. Exe i5e equipment, except treadmill 2. Foos eball table 3. Pinb all machine 4. Futo 5. All ping equipment 6. Porc refrigerator 7. Kitc en table 8. Sho -vac 9. Tele 'Sion 10. Iro ' board 119 11. Ladd er 12. Tool 13. Hard are 14. Big tiler Husband's i s to be removed from Marital Residence within fifteen (15) days of the date of execution of this Agreement: 1. Pinball machine 2. Rem ' ng clothing and miscellaneous personal items 3. Fami photos 4. Wei it machine 5. Lawin bwer 6. One e# tra propane tank for gas grill EXHIBIT "A" 71611 ( 24 STIPULATED SUPPORT AGREEMENT This Agreement is hereby made and entered into this 50'' day of =? 2011, by and between LAURIE C. BENNER (hereinafter "Wife") and BRYON S. BENNER (hereinafter "Husband" . Witnesseth: the parties are husband and wife having been married on July 9, 1994; the parties separated on June 29, 2009, and an action for divorce has been in the Court of Common Pleas of Cumberland County, Pennsylvania; W REAS, Husband and Wife are the parents of two minor children, Thadeus B. Benner, bo April 28, 1995, and Lydia A. Benner, born October 1, 1996; REAS, the parties acknowledge a support proceeding has not been initiated through the Domestic Relations Section of the Court of Common Pleas of Cumberland County, yet they wi h to establish in. this Agreement terms specific to the support of the parties' two children as ell as spousal support through the entry of a divorce decree and alimony thereafter, if necessary per the terms and conditions herein which shall be entered upon Stipulation as an Order of Court through the Domestic Relations Section of Cumberland County, Pennsylvania; NO , THEREFORE, with the foregoing recitals being hereinafter incorporated by reference herein and deemed as an essential part hereof, and intending to be legally bound hereby, and for other good and sufficient consideration, the receipt of which is hereby acknowledged, and without prejudice to the rights or claims of either party support shall be treated as follows: EXHIBIT "B" O BRYON S. ?BENNER, Plaintiff VS. LAURIE C BENNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO: 09-3623 : CIVIL ACTION - LAW : IN DIVORCE C-7 c cnr" rz c? C zp a -•C r ch -o 3 ?y w C) n rn- m -0r" ? a _° o-n A n' --?M PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: a divorce transmit the record, together with the following information, to the Court for entry of 1. The ground for divorce is irretrievable breakdown under Section 3301 (c) of the Divorce Co e. 2. I The Complaint was filed on June 3, 2009. 3. Date and manner of Service of the Complaint: June 29, 2009, by personal service as per the Retu of Service filed on July 6, 2009. 4. The Plaintiff s Affidavit of Consent was executed by the Plaintiff on June 22, 2011 and filed on my 5, 2011. The Defendant's Affidavit of Consent was executed on July 1, 2011, and filed on July 5 2011. 5. Plaintiff executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on June 22, 2011, and said waiver was filed on July 5, 2011. Defendant executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (()of the Divorce Code on July 1, 2011, and said waiver was filed on July 5, 2011. 6. written N Divorce I There are no related claims pending. The parties have resolved all related issues by 1 Settlement Agreement dated July 5, 2011, which will be incorporated into the e as per Paragraph 30 on page 22 of the Agreement. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: t I BY' V/? _ Li a A. Clotfelter, Esquire A orney I.D. No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile i BRYON S. ENNER, Plaintiff vs. LAURIE C. BENNER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO: 09-3623 CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YO1 in the follo proceed wi judgment r the Plaintif visitation c n c -`' 'rr" _ c MF V - - x? r Qm r ?Ofm a Z Ic DC-) C r',> oN 7o I HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth ing pages, you must take action. You are warned that, if you fail to do so, the case may tout you and a decree of divorce or annulment be entered against you by the Court. A ty also be entered against you for any other claim or relief requested in these papers by You may lose money or property or other rights important to you, including custody or vour children. Whe 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF OU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER' FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTEE, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YO SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAV A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICES T FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone (800) 990-9108 6 a o l I u'(0 pd a Nz, e" 21) a BRYON S. ENNER, Plaintiff I vs. LAURIE C BENNER, Defendant US7 expuestas e defiende, el su contra tnc o compel derechos : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 09-3623 : CIVIL ACTION - LAW : IN DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOS :D HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas las paginas seguientes, debe tomar accion con prontitud. se le avisa que si no se aso pude proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en las Corte. una decision puede tambien ser emitida en su contra por caulquier otra queja ion eclamados por el demandante. Usted puede perder dinero, o propiedades u otros ortantes para usted. Cua do la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede olicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina de Prothonotary, en la Cumberland County, One Courthouse Square, Carlisle, PA 17013. SI U TED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORA OS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE IVORCIO O ANULAMIENTO SEA EMTIDO, USTED PUEDE PERDER EL DERECH A RECLAMAR CUALQUIERA DE ELLOS. TIENE O INDICAD. LEGAL. D DEBE LEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SO NO O PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telefono (800) 990-9108 BRYON S. ENNER, IN THE COURT OF COMMON PLEAS OF B Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. (? N NO: 09-3623 `; -n --+ - - LAURIE C. BENNE CIVIL ACTION - LAW Zoo r or" Defendant IN DIVORCE cn= th C a - z = n o-n o` mc) COMPLAINT FOR CHILD CUSTODY ="z p Y AN NOW, comes Plaintiff, Bryon S. Benner, by and through his counsel, Linda A. Clotfelter, Es quire, who files this Complaint in Custody and in support thereof states the following: 1. Plaintiff is Bryon S. Benner, an adult individual whose residence is 1001 Keystone Way, New1x rt, Perry County, Pennsylvania 17074. He is the natural father of the children that are the subject Othis proceeding. 2. 1 Defendant is Laurie C. Benner, an adult individual whose residence is 317 Hertzler Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. She is the natural mother of the children that) are the subject of this proceeding. 3. ( The parties are the natural parents of two (2) children: Thadeus B. Benner, born April 28, 1995, ago sixteen (16) years and Lydia A. Benner, born October 1, 1996, age fourteen (14) years, hereinafter rderred to as the "Children." 4. 1 No Order of Court for custody of the Children presently exists and the parties now seek to have an Order of Court entered by Stipulation filed concurrently with this Complaint for Child Custody. A custody conciliation conference is not necessary. 5. ( Father has not participated in any other litigation concerning the Children in this or any other sta?e and there are no other proceedings pending involving custody of the Children in this ek [?- u- or any other 6. Father knows of no person not a party to these proceedings who has physical custody of the Child en or who claims to have custody, partial custody or visitation rights with respect to the Children. 7. The best interests of the Children will be served by granting the parties shared legal custody and shared physical custody as per the terms of the Stipulation of Custody filed concurrently herewith. WHEREFORE, Plaintiff, Bryon S. Benner, respectfully requests that this Honorable Court grant the parties shared legal custody and shared physical custody as per the terms of the Stipulation f Custody filed concurrently herewith; and granting such other relief as this Court deems just and pro er. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: -7 11-5 / I I 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff BRYON S. ENNER, Plaintiff VS. LAURIE C BENNER, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 09-3623 CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, BRYON S. BENNER, verify that the statements in the foregoing COMPLAINT IN CHILD CUSTODY 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. § 4904, relating to unsworn fallsification to authorities. Date: ` 7 B S. BENNER BRYON S BENNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs.I NO: 09-3623 c -°w3 z LAURIE C. BENNER, CIVIL ACTION - LAW MM C: Mr r- -V Defendant IN DIVORCE no ZC) JOINT STIPULATION OF CUSTODY C rv t'-, AN NOW, the parties, Laurie C. Benner, hereinafter referred to as the "Mother", and Bryon S. Benner, ereinafter referred to as the "Father", enter into a Stipulation of Custody in Cumberland County, Pe Sylvania, with regard to their children: Thadeus B. Berner, born April 28, 1995, age sixteen (16 years, and Lydia A. Benner, born October 1, 1996, age fourteen (14), and state the following: 1. Plaintiff is Bryon S. Benner, an adult individual who resides at 317 Hertzler Road, Mechanics urg, Cumberland County, Pennsylvania 17055. 2. ( Defendant is Laurie C. Benner, an adult individual who resides at 317 Hertzler Road, Mechanics)#urg, Cumberland County, Pennsylvania 17055. 3. ( The parties are the natural parents of two (2) children, namely: Thadeus B. Benner, born April ?8, 1995, age sixteen (16) years and Lydia A. Benner, born October 1, 1996, age fourteen (14) years, Qhereinafter referred to as the "Children"). 4. No Order of Court for custody of the Children presently exists between the parties and the parties qow seek to have an Order of Court entered that includes the terms of this Stipulation. 5. The parties anticipate that they will live in separate households in the very near future. 6. ( The parties now stipulate and agree to the terms of this agreement to establish an Order for 7 as follows: effective upon the date of their physical separation. The parties stipulate and agree that the terms for custody of the Children shall be a. Legal Custody - Legal custody of the Children shall be shared by the parties. Shared legal custody means the right of both parents to control and to share in making decisions of importance in the life of the Children, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the Children's school, medical, dental and other important records. Notwithstanding that both parents share legal custody, non-major decisions involving the Children's day to day living shall be made by the parent then having custody, consistent with the other provisions of this Order. b. Physical Custody - The parties acknowledge their intent to ensure regular and continuing contact of the Children with both parents and their intent to work within the children's educational and extracurricular activity schedules in a flexible manner. Accordingly, the parties agree that physical custody of the Children shall be as follows: i. Each year from October 1St through March 31St the following year, Mother shall have physical custody of the Children every week from Sunday at 6:00 p.m. through Friday after school and Father shall have physical custody every other weekend from Friday after school through Sunday at 6:00 p.m. ii. Each year from April 1 st through September 30th Father shall have physical custody of the Children every week from Sunday at 6:00 p.m. through Friday after school and Mother shall have physical custody every other weekend from Friday after school through Sunday at 6:00 p.m. Given the immediate relocation of Father from the Marital Residence per Paragraph 7(A)(1)(c) of the parties' Marital Settlement Agreement and the anticipated need for a transition period for the Children, it is specifically agreed by the parties that any deviation from the stipulated schedule per this paragraph during that transitional period shall not be prejudicial to either parry. C. Holidays - The parties shall alternate physical custody of the Children on the following holidays: Easter, Memorial Day, Fourth of July, Labor Day, and Thanksgiving, beginning with Father having custody of the Children on Fourth of July 2011. These holiday periods of custody shall be from 9:00 a.m. through 5:00 p.m., and the holiday periods of custody supersede the regular custody schedule. d. Christmas - The parties agree that the Christmas holiday shall be designated as two separate periods. Mother shall have custody of the Children every Christmas Eve through 9:00 a.m. on December 25th and Father shall have custody of the Children for Christmas from 9:00 a.m. on December 25th through 5:00 p.m. December 26th e. Father's/Mother's Day - Father shall have physical custody every Father's Day and Mother shall have physical custody every Mother's Day regardless of the regular custody schedule. The custody periods shall be from 9:00 a.m. through 5:00 p.m. f. Vacation - Mother and Father agree that they shall each be entitled to two (2) nonconsecutive weeks of custody for the purpose of vacations. The vacation custody period will supersede the regular custody schedule and each parent shall give the other thirty (30) days written notice of the dates of the custody periods for vacations. If there is a conflict in the scheduling of vacations periods, the party first giving written notice to the other party prevails. g. Agreement to Vary - Mother and Father may vary from this schedule at any time upon mutual agreement, but the Order shall remain in effect until either party petitions to have it changed. h. Transportation - The receiving parent shall be responsible for transporting the Children for his or her periods of custody unless otherwise agreed by the parties. In addition, the custodial parent shall be responsible for transporting the Children to school during his or her weekday periods of custody. i. Extracurricular activities - Each parry agrees to provide the other with at least forty-eight (48) hours advance notice of the Children's activities whenever possible. Both parties shall agree to honor and participate in the activities that the Children wish to engage in. During the times that a parent has physical custody of the Children, he or she will make certain that the Children attend any extracurricular activities; each parent will be supportive of the activities; and the custodial parent shall transport the Children to and from such activities timely so that the Children are able to participate. j. Contact information - Each parent shall keep the other parent notified of his or her address and telephone number. k. Child's well-being and Counseling - The parties realize that the Children's well-being is paramount to any differences they might have between themselves. Therefore, they agree that neither party will do anything that may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or which may hamper the free and natural development of the Children's love or respect for the other parent. Father has expressed a desire to have the Children participate in counseling. 8 Laurie C. Although neither party shall be obligated to participate in the Children's counseling, it is agreed that both party's shall, immediately upon request, execute any documentation, authorizations and/or releases required to permit the Children to participate in counseling. It is agreed that any costs of counseling not covered by insurance shall be the sole responsibility of the party seeking counseling without contribution from the other party and the party seeking counseling for the Children shall have the authority to choose the counselor. 1. Modification - No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. in. Order of Court - The parties expressly stipulate and agree to have the terms of this Stipulation entered as an Order of Court for child custody to the above- captioned docket. n. Smoking, drinking, illegal substances - No party shall smoke in any part of a confined area with the Children present and neither party shall permit another person to smoke in any part of a confined area with the Children present. No party shall drink alcoholic beverages or consume medication or illegal substances to the point of intoxication when in the presence of the Children. Each shall also take all reasonable steps necessary to ensure that their guests and/or other third parties are not intoxicated in the presence of the Children. This Agreement is binding and enforceable when signed by Bryon S. Benner and Both parties agree that this Stipulation shall be incorporated into an Order of the Court of Common Pleas of Cumberland County, Pennsylvania and they further agree that this Stipulation filly resolves any and all child custody issues between the parties. WH?REFORE, the parties ask that this Honorable Court enter an Order in accordance with their We *rify that the statements made in the foregoing document are true and correct to the best of our knox fledge, information and belief. We understand that false statements herein are made subject to th? penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Witnesses: SS B 40N S. BENNER, Plaintiff J?OV4 S67 LAURIE C. BENNER, Defendant BRYON S. BENNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO: 09-3623 C' N C= C? n LAURIE C. BENNER, CIVIL ACTION - LAW -V3 -- z Defendant IN DIVORCE mm rn ORDER rn AND NOW, this day of v l , 2011, upon consideration of the Joint Stipulation of Custody, the Court hereby incorporates the Stipulation by reference into this Order of Court. BY THE COURT: L--7 r J Distribution: ? Linda A. Clotfelter, Esquire, 5021 E. Trindle Road, Suite 100, Mechanicsburg, PA 17050, Counsel for Plaintiff ? Charles Rector, Esquire, 1104 Fernwood Avenue, Suite 203, Camp Hill, PA 17011, Counsel for Defendant Cop; e5 rKa;ld ???J„ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRYON S. BENNER V. LAURIE C. BENNER NO. 09-3623 DIVORCE DECREE AND NOW, f /t ?p,2 , Z00 , it is ordered and decreed that BRYON S. BENNER , plaintiff, and LAURIE C. BENNER 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.") The parties' Marital Settlement Agreement dated July 5, 2011, shall be incorporated herein but not merged for the purposes of enforcement only. By the Court, eO md, lei ' e ?? ?' f1r/ Pr 3 G ` a;ep ,rna f red ""