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Home My WebLink About04-2247 I:\Client Directory\Rine.Damn\pleadings\Divorce Complaint.wpd May 14,2004 MARIA P. COGNETTI & ASSOCIATES MARIA p, COGNETTI, ESQillRE Attorney J.D. No. 27914 210 Grandview A venue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff DARRlN G. RlNE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01./ -';p,47 C;Ul L ~fJU'Yl LORETTA G. RlNE, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you 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. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Franklin County Courthouse, 157 Lincoln Way East, Chambersburg, Pennsylvania 17201. 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. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association 100 South Street, P.O. Box 186 Harrisburg, P A 17108 (800) 692-7375 I:\Client Directory\Rine-Darrin\pleadings\Divorce Complaint. wpd May 14,2004 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQillRE Attorney I.D. No. 27914 210 Grandview A venue, Suite 102 CarnpHill,PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff DARRIN G. RINE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01../ - ;J,J"l./7 G'v'll '-r~ LORETTA G. RINE, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Darrin Rine, who has resided at 19 Independence Drive, Cumberland County, Pennsylvania, for the last year. 2. Defendant is Loretta Rine, who has resided at 19 Independence Drive, Cumberland County, Pennsylvania, for the last year. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 10, 1990 in Newburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. I:\CIient Directory\Rine-Damll\pIeadings\Divorce Complaint. wpd May 14, 2004 7. The Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that he may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. Plaintiff avers that there are no children of the parties under the age of eighteen (18) namely: Courtney L. Rine, born February 25,1995; Clarissa S. Rine, born November 20, 1999; and Christa Rine, born December 27, 2002. COUNT I - DIVORCE 10. The Plaintiff avers that the grounds on which the action is based are as follows: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the Court enter a decree in divorce. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: May 17, 2004 By: TTI, ESQUIRE 7914 210 Grandview Avenue, Suite 102 Camp Hill, P A 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, DARRIN G. RINE, hereby verifY and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ;)4904 relating to unsworn verification to authorities. ~V1.~ DARRIN G. RINE DATE: 5111\04 \~ 'P ...0 tt- 9 ~ a .c::: ~~ $ ( ;;-..~ 0 ~ r c:; -\1 . , C) '--.j ,.) _.~ t.:\ t'i - , . MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney J.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff DARRIN G. RlNE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 04-2247 LORETTA G. RlNE, Defendant CNIL ACTION - LAW IN DNORCE AFFIDAVIT OF SERVICE I, MARIA P. COGNETTI, ESQUIRE, do hereby certifY that a true and correct copy of the Divorce Complaint was served upon the Defendant by celiified mail, return receipt requested, on the 22nd day of May, 2004. The original signed return receipt, number 7000 1530 0002 5776 1343, is attached hereto and made a part hereof. MARIA P. COGNETTI & ASSOCIATES Date: May 25, 2004 Ji By: 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff t .. .~ 1Iim., _or 2 lor - -. I al80 wiIh to -... the .CornjIIooo - 3, ........ 41>. foIIowtng II8IVIces (lor an I -PrtnI,... nne Ind tldlIr-. on... ......oIth1tform 10"'" c.n "lm1lhil extra fee): .=:J:'iormto...lror1tol",ll1IllIpIoco.oron",,_w__not 1.0 AddtI....'.AddrMe ~ , .=:'!R...n~,...,. I . JIl "" IIllIIIpioco boIow... _ _. 2. ta Reo1rIclod 0eIIwIy j .n.RohonRocoipjwlll_to_....___"""",,_ I I _. ConouItpoo~. ,11r lor fea. , 3. Ar1IcIe Adell ... d to: ..... Ar1IcIe Num6ii .LOru:-rr1'1 4, !?tAle. 1av /5$0 ~~ .51'1(, 1#41 /9 :T'M:/vD,€A/CE '-Delve 4b.ServICi o . .-.::.. 17:,/7 &:' d 0 RegIatorod /II Cer1IIecI '-.J'fI/F'P. . ~ vr ~/ 0 ~MalI 01_ f Ii' RobIn Aocoipllor Man:l-.doo 0 COD III 7. Dele 01 DoIlWiY ., -- tc. I 8. AddroIiii'a Addr80i (Only H IIIC/C _ I sndfee/spllitJ) ! t NIItM) PS Form Domi8IlC Return Receipt c C s: -v 0: fTI. rr "7:1 25 ~~ ~c ),.c Zc ~c ~ r--> "'"' = ...- ~ :'::;: o -n --; -L-n fl1p:: -onl :cy 00 ;%~ N 0"' -u -::x - .. ., ~p ..c, UI DARRIN G. RlNE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 04-2247 CIVIL TERM LORETTA G. RlNE, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE Please enter my appearance on behalf of the Defendant, Loretta G. Rine, in the above- captioned action. Respectfully submitted, S!,),c, f 01 Date (") ..., 0 = r' = -n s- -i u ::E: :J::n :r;:,. -<: ~fii N -06 0" 0:> -=? -ri -'7 -.-., :;r. go '. l, Om (~::::.. - -.... ?;; .. J> ::I:1 -< Cl -<. JOHN E. SCHOENBERGER V. W.L. WAGNER, INC. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-2247 CIVlL TERM ORDER OF COURT AND NOW, this 17TH day of DECEMBER, 2004, counsel having advised the court that discovery is ongoing, we will schedule a pretrial conference upon certification by either party that discovery is complete and the matter is alt issue. vi McDowell Sharpe, Esquire 257 Lincoln Way East Chambersburg, Pa. 17201 /William C. Cramer, Esquire 14 North Main Street Chambersburg, Pa. 17201 :sld >r~~ LA\\~ ~.()4 \}~ Edward E. Guido, J. " . j'~,--', ,- OJ :"( ~ '.', r ! r-,: -1, '~~ h r. :.~ 7 1:_ \..,; _ -....' ~'-:J_.,.,J --'-> \:} IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OFPENNSYLVAmA-FRANKLINCOUNTYBRANCH John E. Schoenberger, Plaintiff Civil Action vs. 2004-2247 W. L. Wagner, Inc. Defendant Judge Edward E. Guido ORDER OF COURT December 2, 2004, it appearing to the Court that all judges of the 39th Judicial District of Pennsylvania have recused from the above-captioned case due to a conflict of interest, IT IS ORDERED, under the authority of the Pennsylvania Supreme Court in establishing Regional Administrative Unit IV, that the matter is hereby assigned to the Honorable Edward E. Guido, 9th Judicial District, Cumberland County. BY THE COURT, mil. j M~~ -;<!P3 -~#7 /}11l. ~ /V1FY7 E/C. - J..c, '1- 3/1/ ". I' II iI Ii I I I I I IN THE COURT OF COMMON PLEAS OF THIE 39TH JUDICIAL DISTRICT OF PENNSYL V ANIA--FRANKLlN C:OUNTY BRANCH JOHN E. SCHOENBERGER, Plaintiff Civill Action VS. No. 2004 - 2247 C) -. r'1 C'::) "T1 " '''''' ::u c -or- =" !;-o -,- ~ ~...)-.... C) -< 0-- (""") -- ::u ~~::J --. ;:"'0 :;:r:Y' r-~ ~: :;::c -: ..0 -"0 CJ en C)::z: ~C'l 1) 00 S::-f :::0 -I ::u -<0 ~ -<-< ~ -J ,po W.L. WAGNER, INC., Defendant The Honorable il II To: John E. Schoenberger I c/o J. McDowell Sharpe, Esq. NOTICE TO PLE:AD You are hereby notified to file a written response to the enclosed Answer Containing New Matter and Counterclaim for Declaratory Judgment within twenty (20) days from service hereof or a judgment may be entered g . st yo . I I / ~f Date: October!i-, 2004 . ' W liam C. ramer Attorney for Defendant 14 North Main Street, Ste. 414 Chambersburg, PA 17201 (717) 264-3711 (717) 264-3711 The Court of Common Pleas of Franklin County is required by law to comply with the Americans With Disabilities Act of 1990. For information about acc:essible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact the office of the Court Administrator. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. WILLIAM C. CRAMER A TTORNEY A T LA W CHAMBERSBURG, PA 17201 WILLIAM C. CRAMER ATTORNEY AT LAW CHAMBERSBURG. PA 17201 (717) 264-3711 'I I' ,i I IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA.-FRANKLlN COUNTY BRANCH JOHN E. SCHOENBERGER, Plaintiff CivU Action VS. No. .2004 - 2247 W.L. WAGNER, INC., Defendant The Honorable I I, II I ANSWER TO COMPLAINT, NEW MA ITER AND COUNTERCLAIM FOR DECLARATORY ,lUDGMENT NOW COMES Defendant in the above captioned matter, by and through counsel, namely, William C. Cramer, and answers the said Complaint, pleads New Matter and a Counterclaim as follows: 1. Admitted that Plaintiff is the named Plaintiff. Denied, however, that Mr. Schoenberger has standing to enforce the alleged violations of law as set forth in the Complaint. 2. Admitted that W.L. Wagner, Inc. (hereinafter "Wagner") is the named Defendant. Denied, however, that Wagner is an appropriate D'efendant regarding the alleged cause of action filed by Plaintiff. WILLIAM C_ CRAMER ATTORNEY AT LAW CHAM6ERSBURG. PA 17201 (717) 264-3711 II I[ I 3. Admitted that a restaurant business was opl3rated at 348 Lincoln Way East, Chambersburg, under the name "Schoenberger's Tap Room", All other averments are denied for the reason that Defendant is without knowledge of same and proof thereof is demanded at trial. 4. Admitted. 5. Denied, as a conclusion of law to which no responsive pleading is required. Further denied for the reason that the alleged agrsiement is a matter for interpretation by I a Court of law and/or finder of fact. 6. Admitted in part; denied in part. It is admittl3d that a true and correct copy of an alleged agreement signed by the parties whose nalmes are set forth on the agreement is attached to the Complaint. All other averments of law and/or fact are denied. It is specifically denied that Section 9 of the alleged agreement prohibits Defendant or any other party from using the name "Schoenberger's" with respect to operation of the business in question and/or, alternatively, that any provision of the agreement either confers or limits Defendant's use of the name "Schoenberger's". 7. Admitted in part; denied in part. It is admittl3d that the Wagner corporation 2 ,. II II Ii il 'I II Ii I operates the business in question. All other averments of fact and law are specifically I denied and proof thereof is demanded at trial. 8. Admitted. 9. Denied. At various periods of time from thE~ formation of the Wagner corporation to the filing of this Answer, the principal owners of the corporation have consisted of II Lawrence A. Wagner, Ruth I. Wagner, William L. \Nagner, Carolyn B. Wagner and I I Ladd A. Wagner. At the time of the filing of this Answer, Mr. William L. Wagner is the I majority owner of all the issued and outstanding shares of stock of the Wagner corporation. However, Mr. Wagner's shares in thE~ corporation are under contract for sale to Randall E. Rotz, Nathan A. Rotz and Shane P. Snively. 10. Admitted. 11. Admitted. 12. It is admitted that at the time of the filing of this Answer, and also, until on or about August 1, 2003, William L. Wagner was, ancl remains, the majority shareholder of Defendant. All other averments of fact and/or law ;8S set forth in said paragraph and/or WILLIAM C. CRAMER any inference arising therefrom are specifically denied. ATTORNEY AT LAW :::HAMBERSBURG. PA 17201 (717) 264-3711 3 I' I 13. Denied, as stated. It is admitted, however, that William L. Wagner did sell a portion of his shares of stock in Defendant corpor;ation to Randall E. Rotz, Nathan A. I Rotz and Shane P. Snively. However, at the time of the filing of this Answer William L. Wagner remains the majority stockholder in the Defendant corporation. 14. Denied, for the reason that Defendant is without knowledge as to the averments of fact set forth in said paragraph, the same being within the exclusive control of Plaintiff and proof thereof is demanded at trial. Further denied for the reason that Defendant is I II not conducting business under the name "John E. Schoenberger's", but rather, under I the much more generic name "Schoenberger's". ANSWER TO COUNIJ 15. The answers set forth in Paragraphs 1 through 14, above, are incorporated herein by reference as if set forth at length herein. 16. Denied. The averments set forth in this parclgraph constitute a conclusion of law to which no responsive pleading is required. FurthHr denied for the reason that the use WILLIAM c. CRAMER of the name "Schoenberger's" does not require any specific license or permission from A.fTORNEY AT LAW HAMBERSBURG. PA 17201 the named Plaintiff. Further denied for the reason that the named Defendant is (717) 264-3711 4 !I t: authorized, as a matter of law, to use the name "Schoenberger's" for those reasons set forth in the New Matter and Counterclaim. 17. Denied. The averments set forth in this paragraph constitute a conclusion of law to which no responsive pleading is required. Further denied for the reasons set forth in the answer to Paragraph 16, which answer is incorporated herein by reference thereto. 18. Denied. The averments set forth herein constitute a conclusion of law to which no responsive pleading is required. Further denied for the reasons set forth in the answer to Paragraph 16, which answer is incorporated herein by reference thereto. WHEREFORE, Defendant requests the Court to dismiss the said Complaint, with prejudice, and with costs and attorney fees awarded to Defendant. ANSWER TO COUJITJI 19. The answers as set forth in Paragraphs 1 through 18, above, are incorporated herein by reference as if set forth at length herein. 20. Denied. The averments set forth in this paragraph constitute a conclusion of law WILLIAM C. CRAMER to which no responsive pleading is required. Further denied for the reason that A TTORNEY A T LA W :HAMBERSBURG, PA 17201 (717) 264-3711 Defendant's right to use the business/trade name "Schoenberger's" is neither created or 5 WILLIAM C. CRAMER ATTORNEY AT LAW HAMBERSBURG, PA 17201 (717) 26k3711 .1 II I I 1 I limited by Section 9 of the alleged agreement. Further denied for those reasons set forth in the answer to Paragraph 16 hereof, which averments are incorporated herein by reference thereto. 21. Admitted in part; denied in part. It is admitted that Schoenberger notified Wagner as alleged in this paragraph of the Complaint. All other factual and legal averments set I forth in the Complaint are denied. It is specifically denied that Wagner has no right or I authority to use the name "Schoenberger's" in connection with the operation of the lb' I uSlness. I 22. Admitted. 23. Denied. The averments set forth in this paragraph of the Complaint constitute conclusions of law to which no responsive pleadin!~ is required. Further denied for those reasons set forth in Paragraph 16 of this Answer, which averments are incorporated herein by reference thereto. 24. Denied. The averments set forth in this paragraph of the Complaint constitute a conclusion of law to which no responsive pleading is required. WHEREFORE, it is respectfully requested that the Complaint against Defendant be dismissed, with prejudice, and that Defendant bl3 awarded its costs and attorney fees herein incurred. 6 11 il NEW MATTER NOW COMES Defendant and as New MaUer avers the following. 25. Defendant was not a party to the alleged written agreement attached as an ,I II exhibit to the Complaint filed by Plaintiff. 26. Because Defendant was not a party to the alleged contract attached to Plaintiff's .1 I Complaint, no limitations or prohibitions as set forth in that contract are binding or enforceable against Defendant as a matter of fact and/or as a matter of law. 27. Plaintiff lacks legal and factual standing to E~nforce the alleged rights set forth in the contract attached to the Complaint or any other alleged rights under law. 28. On or about August 30, 2004 the name "Scl'loenberger's" was registered as a fictitious name with the Pennsylvania Department of State by RES/COM Management, LLC. Attached hereto, labeled Defendant's Exhibit: Number 1 and incorporated herein is a true and correct copy of the corporate records of the Pennsylvania Department of State to evidence said registration of the name "Schoenberger's" by the said RES/COM Management, LLC. 29. WILLIAM C. CRAMER ATTORNEY AT LAW Pursuant to the registration of the name "Schoenberger's" as alleged in HAMBERSBURG, PA 17201 (717) 264-3711 7 ,. I Paragraph 28 above, RES/COM Management, LLC is authorized to use the name "Schoenberger's" with respect to operation of a restaurant business in Franklin County. 30. The aforesaid RES/COM Management, LLC has authorized and licensed the Wagner corporation, Defendant herein, to use the name "Schoenberger's" with respect to operation of the business which is the subject matter of this Complaint. I I 31. I Ii For approximately sixty-five (65) years, or more, the business which is the II subject malter of this Complaint has operated at the same location, within II Chambersburg, Franklin County, Pennsylvania, under the name "Schoenberger's", 32. At no time has Defendant, any employee of Defendant or anyone else to Defendant's knowledge represented to any membor of the public, patron, customer or anyone else whomsoever that Plaintiff or any member of the Schoenberger family is an owner or operator of the business in question. 33. All patrons and customers of the business in question know that Mr. William Wagner is the principal owner and operator of the business and has been the principal owner and operator for quite some time previous to the filing of this Complaint. 34. WILLIAM C. CRAMER At no time relevant to Plaintiffs alleged cause of action, has Plaintiff ever ATTORNEY AT LAW :HAMBERSBURG, PA 17201 (717) 264-3711 operated a restaurant business within Franklin County. 8 WILLIAM C. CRAMER AiTORNEY AT LAW CHAMBERSBURG, PA 17201 (717) 264-3711 I' ,I 35. Plaintiff has not sustained any economic harm or loss arising from or related to Defendant's operation of the business using the name "Schoenberger's" at the location in question. 36. Plaintiffs cause of action is barred by the statute of limitations. II 37. Plaintiffs cause of action is barred by lashes. COUNTERCLAIM FOR DECLAR~TORY JUDGMENT NOW COMES Defendant in the above captioned matter, and for its Counterclaim states the following: 38. Incorporated herein are Paragraphs 25 through 37 of this New Matter, as if set forth at length herein. 39. As a matter of law, Defendant, as an authorized licensee of RES/COM Management, LLC is authorized and entitled to continue to operate the business in question using the trade/business name "Schoenberger's". 40. Under all the facts and circumstances, Defemdant is authorized to use the name 9 WILLIAM C. CRAMER ATTORNEY AT LAW CHAMBERSBURG. PA 17201 (717) 264-3711 I' ,\ i Ii "Schoenberger's" in the operation of the business in question. 41. The issue of the use of the name "Schoenbf~rger's" is in need of immediate resolution and is a matter of substantial importancE~ to the parties in this case. WHEREFORE, it is respectfully requested that the Court enter a Decree affirming the right and legal entitlement of Defendant to continue to operate the business in question using the name "Schoenberger's". ~~ Respe",tfIJIIY . ed , . / ift't /~ ~ C. Cramer Attorney for Defendant 14 North Main Street, Ste. 414 Chamb,ersburg, PA 17201 (717) 2134-3711 Supreme Court 1.0. No. 22495 10 . . I, William L. Wagner, being President of W.L.. Wagner, Inc., verify that the , , II 'I ;' statements made in the attached Answer to Complaint, New Matter and Counterclaim for Declaratory Judgment are true and correct. I understand that false statements I i herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn Ii ,I falsification to authorities. '! W.L. Wa!~ner, Inc. : Date: October J...L, 2004 , ct" By *illian;\~~-~W;g~/ ~r~'~~~~''-~/ ; "Ib~ Ii Ii il Ii I I I II I I II I I WILLIAM C. CRAMER A TTORNEY A T LA 'N CHAM8ERSBURG. PA 17201 (717) 264~3711 11 CERTIFICATE OF SERVICE I, William C. Cramer, Attorney for Defendant, hereby certify that on this date i I delivered a true and correct copy of the Answer to Complaint New Matter and I I Counterclaim for Declaratory Judgment filed in the above captioned matter to J. i McDowell Sharpe, Esquire, Attorney for Plaintiff, at 257 Lincoln Way ~! / / Chambersburg, PA 17201, by ordinary first class mail, po ag epaid / I II Dated: October Ie; ,2004 I' ?-I- II ~ . rarner Attorney for Defendant WILLIAM C. CRAMER ATTORNEY AT LAW CHAMBERSBURG. PA 17201 (717) 2.64-3711 12 IN THE COURT OF COMMON PLEAS OF TloIE 39TH JUDICIAL DISTRICT OF PENNSYL V Ar~IA Franklin County Branch John E. Schoenberger, Civil Action Plaintiff v. A.D. No. 2004 - ~~ V1 W.L. Wagner, Inc., Defendant Judge -1,ht\ R ,JA.\\{~ NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following page, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney, and filing in writing with the Court your defenses or I objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and Cl judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. '! 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. Pennsylvania Lawyer R~e~a-I- Se~ce ~-o Pennsylvania Bar Asso~tm~ ~ ~3 P.O. Box 186 : ~:--: ~; =; :=-: Harrisburg, PA. 17108 i ,'~ ~~ Telephone: 1-1300-692j73?~(PA -gNL Y1~t~ or 717-238-6715 ~:;" ....-;:;;.J The Court of Common Pleas of Franklin County is req:r,ed:; la'::o cJ~~IY with the Americans With Disabilities Act of 19190. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact the office of the Court Administrator. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. I: j! IN THE COURT OF COMMON PLEAS OF THlE 39TH JUDICIAL DISTRICT OF PENNSYL V ANIIA Franklin County Brunch John E. Schoenberger, Civil Action Plaintiff v. A.D. No. 2004- W.L. Wagner, Inc., Defendant Judge COMPLAINT 1 . Plaintiff, John E. Schoenberger (hereinafter "Schoenberger"), is an adult individual who resides at 4632 Rocky Spring Road, Chambersburg, Franklin County, Pennsylvania. 2. W.L. Wagner, Inc. (hereinafter "Wagner") is a Pennsylvania corporation having its principal place of business at 348 Lincoln Way East, Chambersburg, Franklin County, Pennsylvania. 3. Schoenberger, with his now deceased parents, John L. Schoenberger and Marian L. Schoenberger, was the former owner and operator of a restaurant business located at 348 Lincoln Way East, Chambersburg, Pennsylvania, known at "Schoenberger's Tap Room" (hereafter the "Business") . 4. Schoenberger and John L. Schoenberger and Marian L. Schoenberger entered into a certain agreement with Lawrence A. Wagner and Ruth I. Wagner, his wife, dated September 18, 1964 (the "Agreement"), a true and correct copy of which is attached hereto, marked Exhibit "A" and made a part hereof. \: ;, " 5. Pursuant to and in accordance with the terms and provisions of the Agreement, Schoenberger and John L. Schoenberger and Marian L. Schoenberger (designated as "the parties of the first part" in the Agreement) ! sold the Business to Lawrence A. Wagner and Ftuth I. Wagner, his wife I (designated as "the parties of the second part" iin the Agreement). 6. Section 9 of the Agreement provides a license to use the name "Schoenberger" as follows: The parties of the first part agree to and do hereby assign to the parties of the second part, conditioned upon the terms of this agreement, to be used by the parties of the second part or by a corporation in which they or their son, William L. Wagner and Carolyn B. Wagner, his wife, are and remain the principal shareholders, the right to use the name "Schoenberger's" in connection with the operation of said business. " ': 7. On September 23, 1964, Wagner was formed as a corporation by the !, Wagners under the laws of the Commonwealth of Pennsylvania for the purpose of operating the Business. 8. On information and belief, Wagner has operated the restaurant business under some variation of the name "Schoenberger's" from the time of its formation until and through the present time. 9. On information and belief, the principal shareholders in Wagner from the time of its formation until on or about August 1, 2003, always consisted of Lawrence A. Wagner, Ruth I. Wagner, William L. Wagner and/or Carolyn B. Wagner. 10. On information and belief, Lawrence A. Wagner and Ruth I. Wagner are ! both deceased. 11 . On information and belief, William L. Wagner and Carolyn B. Wagner are no longer married. 12. On information and belief, until on or about August 1, 2003, William L. Wagner was the principal shareholder in Defendant, W.L. Wagner, Inc. 13. On or about August 1, 2003, William L. Wagner sold all or substantially all .1 of his shares of stock in the Corporation to Randall E. Rotz, Nathan A. Rotz and Shane P. Snively and ceased to be the principal stockholder in Wagner. 14. Schoenberger has given no further license or consent to the use of his name to Wagner or any other person. COUNT I ., .: 15. The averments of paragraph 1 through 14 are hereby incorporated herein by reference. 16. Wagner's use of Schoenberger's name without license and, without Schoenberger's consent or permission, constitutes a continuing invasion of his right of privacy after August 1, 2004. 17. Unless Wagner is enjoined from use of Schoenberger's name, Schoenberger's privacy will continually be invaded. 18. Schoenberger has no adequate remedy at law to prevent this continuing use of his name and invasion of his privacy. WHEREFORE, Plaintiff John E. Schoenberger requests the Court to enjoin , Defendant from any further use of the name "Schoenberger's" in connection with the operation of any business and granting such further relief as the Court may deem appropriate, including monetary damages as appropriate. COUNT II 19. The averments of paragraph 1 through .18 are hereby incorporated herein by reference. 20. By the terms of Section 9 of the Agreement as set forth in paragraph 7 above, Wagner's license or right to use the name "Schoenberger's" has terminated. 21. Schoenberger has notified Wagner that 'Wagner has no right or authority to use the name "Schoenberger's" in connection with the operation of the I' business and has demanded a plan to discontinue and cease use of his name. :i l! 22. Wagner has notified Schoenberger that lWagner intends to continue to use the name "Schoenberger's" in connection with the operation of the business. 23. Unless Wagner is enjoined from use of Schoenberger's name, the contract provision has no force and effect. 24. I Schoenberger has no adequate remedy at law. :1 !i WHEREFORE, Plaintiff John E. Schoenberger requests the Court to enter :! judgment enjoining Defendant from further USE~ of the name "Schoenberger's" in connection with the operation of any business and granting such further relief as , the Court may deem appropriate, including monetary damages. I' By i' !. ii ii i! ,Apr. 13 04 09: 59a ~ I / .. I _n' , ,.. .\ I .\ I I I , 'I~. , .. 1."'~ Paee~~50n LKi~~5Z 7175975121 p.2 'a'Snll ^~ ),tt.<lO t~b lXitf. day oJ: aopt__. 1OC4. Dln"J!mR JOhD L. 8ohoanborc.... :.IerUD 10. nobOODbeJ'~. lItU\ .yCI. E. Oc~boJ"''''. 01:' at ChlUlblal'abul'a,;. rr.DlcUQ CoI&RCY, PanlUl~lvllu.1a. parUoa ot ~ornrDt llart~ ^RP loon_a" A. Wuaer ADd rlAitb %. w.~l". b1a writ.. of Qltaou T~~M,\I. ~AnJ'Un eow.ty, V~)<Z.\flM\b. parU.. ot thcr aOCODd I've, . . wtnnr~J:n '1'$\" ~fj: Cb. parU.. at ~ flrtll~ Pal~ ha.,. VU. day, -creed ~o .crU to thO' potoUVD 0: 'UW .GOOCld ,u-t. whQ hay. t.hb clay a:l'gQ\1 \0 pIIl'dla$t. troa tile ""'11111 ot tho f!rat p~, .t art4for thQ fiWD or opurCJblttCl8 PJ'S.,. 01 "...t,.."",OIl t1a~call4 ($Sl1,OOO.OO) 4011..... o1l t:bo-c G4tl'h~n b\Lo11\.~~ QO~ot~ .~ 3C8 Uaoob "~Z'D~. QU:lIlbO~.~IU"4it, PonnIl)'lVAla, "Detar t~ IU::SO . .' ot "BohO~J1A'01"'. 'tap ~". 'to,Hh<<- tHotb aU tb~ tiztW'OlI ..eI Gqulpll:ont luGluaOd 1. 'dlc,1<b.lo A .ttACbd bOl'gto and .... . pa..t bIn-Qot. .ElIS .1GO tbo .took In O'ad.. CJ)od will, GDd otb~. ~GQta ~f ..ald t.u.1ne.., to~t&OI" wU1& . I:I'8Dater 811d ...1anuamt to tbet POl'U08 Qf tbo HeQQt.l ~a;rt of tz..t CCll't.Ua I'D~Qll d1.ponNl".a.tlla/t ~lQo. J.ic:-..a,. DwaWI' J-1111 1Il1NOC1 by Peuoaayhl'lIllla L1~JI eo..troJ Do"rd. LlpOG tbo rol~ t.u _<< aoa4Ulocwa. 1. ecm.....UOD. &DeS pOl'torlUQO. IUlctDl" t'1a1. .~....-ot .b..U b. C1QD.I,u Uonod IIIOD ap~a1. lay ~b. POlVU)1hAft.1& Uql.lor Control Doard ~r Cob. 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U. 12aQ pDl't1ea ~ tllct aOC:OQd plLl'C .q .OGlSCD tilt,. .~MOIIt. la. 'Ai. ....__t. 18 to ceClltod c. And bo bladlDII upClA ~ Itoaz.. . " ozoe~tol'._ ..sJdD1aU,,'or.. .1&4 G.'IQlcn- of ~o partlQII 11Io.o"4tO. 14. I1UI. putteo lntN\l to b~ l~Cdl, boM4 ~y 't~:l. arn"Gnftt. lit mTl~ ~. ~ p_Uoa tlCl"Oto baVQ ~lt~ g., ~lr bN(U~ QM .-18 ~Q d~ ~ :roar f1z'~t @CWo wltteD. . ~tall.' jI ~~ .. ff#..J) ,t~~~!= ~ / JOzyi eloOhOCGbo.r'I;Q.t1..1 . I . r:i~J!;~ ~4n>.< f~LA:-1t'"L~4~ d~ JI.P~ :<<7 ~~~.~ ( - Johc I.. SoJ:aOQJl13.I'I~OL" II? . .') '~.. LJ // A.,}J L .r) " .-....-}.- '-z- (') ~ ~,,~.p~ ' /pl/U.,;A.. (")'p~.~t/IP ~~~(tlj/Jl(. tN c . . I.Ir14vr.oDc. A. "'''Q.J~ ' /';.;'1.'.) ~tf) J'jJi:~...j.-:- /J . ~ ., '. _~/\~. c; I ./f~t<~ ~~ "/J~-1.,;L7It. ,-f), Q;;:~~ni.a:s'~.(r:.JW. ~ ( ~~~.~~D~ U J I I 'L. ~. ...,. '.1" ", . '. . ..' '.' ,,' '. . '. . I, :' . .~',\. ,,: j~ I ...\0\' . '.~ .' r... I . . . a~'\""i .". \"0., \ ",' . :., I . ., . ' I hereby verify that the statements made in this instrument are true and correct I to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of perjury contained in 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. : ~ A~fu~ John E. Schoenberger ~ Date: ., !I .. 'I II " il II 'I ~) ~, , ,2004 9 'f} IN THE COURT OF COMMON PLEAS OF THE: 39TH JUDI~L~TRI~l OF PENNSYLVANI.A (;:: ?j-~;:-} ...~ _.\ 'v'. -. \ Franklin County Branch ~~Ct- -::.,:;~ 0' \ ::.--, . \""1 ("f.--:...... u Civil Action r-.' ~ }...- -;.'" v) -;:.J,/J .' '...(. Cl <.f\ - John E. Schoenberger, Plaintiff v. A.D. No. 2004 - 22 W.L. Wagner, Inc., Defendant Judge ANSWER TO NEW MATTER AND COUNTERCLAIM NOW COMES, the Plaintiff, John E. Schoenberger, by and through his counsel, Sharpe & Sharpe, LLP, and replies to the Defendant's New Matter and Counterclaim as follows: Answer to New Matter 1 . Paragraph 25 of Defendant's New Matter is admitted in part and denied in part. It is admitted that W.L Wagner, Inc. did not sign the Agreement. It is specifically denied that it is not a third party beneficiary of the Agreement inasmuch as it was contemplated by the agreement and granted a license to use the name "Schoenber'ger" as long as the designated Wagner family members were the majority shareholders. 2. Paragraph 26 of Defendant's New Matter is denied as stated. To the contrary, because Defendant was a third party beneficiary of the Agreement, it had a license to use the name and its change of ownership has cause the license to lapse. 3. Paragraph 27 of Defendant's New MattE~r is an incorrect conclusion of law to which no response is required. To the extent a response is required, the averment is denied. To the contrary, plaintiff licensed his name to defendant in the agreement and his name has been misappropriated. ""'" -Ji.." ~')J ~- 0 ~....-I \--;~ ';.~o .~ (J 0 SA ';-;;')7 -:::.~ A ~ "7' " 4. Paragraph 28 of Defendant's New Mattlsr is admitted, if relevant, except i: that there is no Exhibit 1 attached. By way of further reply, plaintiff believes 'I and therefor avers that RES/COM Management LLC is not the entity using the name and such registration of plaintiff's name is in itself a tortious invasion of i plaintiff's right to privacy if the name is used. 5. Paragraph 29 of Defendant's New Mattl~r is an incorrect conclusion of law and no response is required. 6. Paragraph 30 of Defendant's New Matter is an incorrect conclusion of law to which no response is required. To the contrary, RES/COM Management, LLC has no right to authorize or license plaintiff's name. 7. , ~ Paragraph 31 of Defendant's New Matter is admitted. By way of further answer, until August of 2003, it was owned or operated by the Schoenberger family or those to whom the Schoenberger family had granted a license to use the name. 'I ,j 8. I' Paragraph 32 of Defendant's New Matteir is denied. After reasonable ii investigation, plaintiff cannot form a belief as to the truth or falsity of the I; averment, if relevant. 9. Paragraph 33 of Defendant's New Matter is denied. After reasonable investigation, plaintiff cannot form a belief as to the truth or falsity of the " averment, if relevant. By way of further answor, if true, William Wagner is licensed to use the name "Schoenberger" as long as he is the majority shareholder. 10. Paragraph 34 of Defendant's New Matter is denied as stated. To the " II II ii Ii ;1 Ii i , ,. " i 1: contrary Plaintiff operated the Schoenberger restaurant before it was sold I to the Wagner family. Further, Plaintiff has never operated a restaurant :f business within Franklin County other than IISchoenberger's. II 11. !l Paragraph 35 of Defendant's New Matter is admitted. 12. Paragraph 36 of Defendant's New Matte!r is an incorrect conclusion of law to which no response is required. 13. Paragraph 37 of Defendant's New Matter is an incorrect conclusion of law to which no response is required. By way of further answer, there is no affirmative defense entitled IIlashes." WHEREFORE, Plaintiff, John E. Schoenberger, respectfully requests the Court grant the relief sought in his Complaint. Replv to Defendant's Counterclaim , " " , :! 14. The averments of paragraph 1 through 1 3 are hereby incorporated :i herein by reference in reply to paragraph 38 of the Counterclaim. if 15. I' Paragraph 39 of Defendant's Counterclaim is denied because the averment is a conclusion of the law to which no responsive pleading is required. To the extent a reply is required, RES/COM Management, LLC has no right or authority to use plaintiff's name. 16. Paragraph 40 of Defendant's Counterclaim is denied because the licensing of the name as set forth in the Agreement has ceased. !i :; ii 17. !t I :1 Paragraph 41 of Defendant's Counterclaim is admitted. '. WHEREFORE, Plaintiff, John E. Schoenbmger, respectfully request Ii the Court dismiss the Counterclaim against the Plaintiff, with prejudice, and .1 !: that he be granted the relief sought in his Com~)laint. By ii I \ ~ '. ;: I hereby verify that the statements made in thi~i instrument are true and .' correct to the best of my knowledge, informatil:>n, and belief. I understand " ii that false statements herein are made subject to the penalties of perjury ;: contained in 18 Pa.C.S. Section 4904, relating to unsworn falsification to ,i i: authorities. Date: ~ li Y' :i 'i :\ , ,. " ': ;! I " '1 IddLLdA. John E. Schoenberger IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYL V AI\lIA Franklin County Branch John E. Schoenberger, Civil Action Plaintiff v. A.D. No. 2004 - 2247 W.L. Wagner, Inc., Defendant Judge CERTIFICATE OF SE:RVICE 'I I hereby certify that this 8th day of Nov€imber, 2004, I have served a copy of the foregoing instrument upon the following person(s) by forwarding the ji same by first class, United States mail, postage pre-paid, addressed as follows: il 'i 1! William C. Cramer, Esq. 414 Chambersburg Tmst Company Bldg. Chambersburg, PA 17201 ~ f . McDowell ar Attorney for Plaintiff i ,i " i! i: iJ " ! ~ '! 'I I r-- l:\C11ent Directory\Rine-Darrin\pleadings\Aff of Consent. wpd February 10.2005 MARIA P. COGNETTI & ASSOCIA TE,s MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 279\4 2\ 0 Grandview A venue, Suite 102 Camp Hill, PA 170]] Telephone No. (7\7) 909-4060 Attorneys for Plaintiff DARRIN G. RINE, Plaintiff IN THE COURT OF COMMON P AS CUMBERLAND COUNTY, PENN YL VANIA v. NO. 04-2247 LORETTA G. RINE, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code s filed on May 18,2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and n' ety (90) days have elapsed from the date of the filing and service of the Complaint. I 3. I consent to the entry ofa final decree of divorce after service of no tic of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I under and that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 rela ng to unsworn falsification to authorities. Date: ~~~s- J)/J,Vvn 17 QVv DARRIN G. RINE t<" C) c:.:t ,'~1 -n (.~f' ~~ ?-- 7-"'" {1'1':: -;;:; _'1fi1 '" -,,CO 0> " ~ '..._f_C"' "Jr', 0""'.) [-'") ~.~ _.,- _.c-" >.{. ) .~in ,'" '<~ -:.> ;t;.- ::-':J CJ -"- I:\Client Directory\Rine-Darrin\pleadings\Waiver ofNotice.wpd MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney l.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff DARRIN G. RINE, Plaintiff bruary 10.2005 IN THE COURT OF COMMON PL AS CUMBERLAND COUNTY, PENN LV ANIA v. NO. 04-2247 LORETTA G. RINE, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE UNDER Ii 330Hc) OF THE DIVORCE CODE I. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division ofpr erty, 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 enter d by the Court and that a copy of the Decree will be sent to me immediately after it is file with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I under tand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 reI ting to , unsworn falsification to authorities. Date: 0?~- (" )j -.f"-Apy\ J) DARRIN G. RINE C) "'-, C.:'> t:::';~ .;J> c , --<: ")::.;" :;;.C o -n -' :r:-f', nir:: _,},n ~A~~ ("2 i~'3 ~:-~ ~','1 ~ig j',) c..) (;? s.- DARRIN G. RlNE, Plaintiff : IN THE COURT OF COMMON PL AS OF : CUMBERLAND COUNTY, PENNS LV ANIA vs. : NO. 04-2247 CIVIL TERM LORETTA G. RlNE, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT I. A. Complaint in Divorce under g3301 (c) of the Divorce Code was led on May 16,2004, and served on May 22, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service f notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENT HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. g4904 REL TING TO UNSWORN FALSIFICATION TO AUTHORrpes. "'-.+} DATE: oz.10l::7/0) i ! --'-! I -:~~ () ~, ,-~. C) "n --I =:C-" r;"1;::::." u::1tro .-". .; ?~(? ';':0;73 ::-;, ~~i~ ."-:1 .-0.. :E -,._' >:; ...0 9 ;....) DARRIN G. RlNE, Plaintiff : IN THE COURT OF COMMON PL S OF : CUMBERLAND COUNTY, PENNS LV ANIA vs. : NO. 04-2247 CIVIL TERM LORETTA G. RlNE, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division f property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorce until a divorce decree is en red by the Court and that a copy of the decree will be sent to me immediately after it is fi s with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING FFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENT HEREIN ARE MADE SUBJECT TO THE PENAL TIES OF 18 Pa.C.S. g4904 REL TING TO UNSWORN FALSIFICATION TO AUTHORITIES. (---. i DATE: 3/~7/0)- \ (? r--> c:;.' <c:> en :::;: :.'" ;;.:;.:.. o -n .--l ;:1:-:D ..ll~ ,-n :~-~ t-:-) --~"~ I,~; :.i~:n ::~;~~ '~.\ N \..0 _..:... C5 f'.) o .~) :;:: SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made this ,.. day of ~t!r/ s , 20Qt, by and between LORETTA L. RlNE, of 19 Independence Drive, Shippensburg, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Wife," AND DARRlN G. RlNE, of 19 Independence Drive, Shippensburg, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Husband," WITNESSETH: WHEREAS, Husband and Wife were married on November 10, 1999, in Newburg, Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and --Page 10f20-- WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: , ARTICLE 1 SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE 11 DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to --Page 2 of 20-- the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. --Page 3 of20-- 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. ARTICLE III EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each part in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. --Page 4 of20-- 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 Personal Property. While the parties have not physically separated, they have specifically delineated items of personal property that they each will retain. More specifically, the parties will equally divide the kitchen accessories, towels, and blankets between them. In addition, Wife will retain the hutch, freezer, and the mower, and Husband will retain the jet skies and snowmobiles owned by the parties. In addition, however, at the time of completion of the construction of the new home for Wife as hereinafter set forth in paragraph 3.6(D), Husband will provide Wife with four complete bedroom suites, two complete living room suites, a complete dining room suite, a clothes washer and dryer, and several bar stools. In addition, Husband will provide Wife with two large screen televisions equal in value, size, and performance to the large screen television owned by the parties at the time of signing this Agreement. The parties have otherwise designated items of personal property that they each will retain. With the exception of retaining items as described herein and as discussed between the parties, neither party will make any claim against the other relative to items of personal property being retained by the other party from the time of execution of this Agreement forward. 3.4 Life Insurance. The parties understand that Husband has certain life insurance polices insuring his life in existence at the time of executing this Agreement. For any such policies upon --Page 5 of20-- which he has named the beneficiary as his brother and business partner, Curtis Rine, he may retain his brother as the beneficiary on those policies. On any other policies in existence at this time, Husband shall retain his children as the sole and primary beneficiaries on those life insurance policies until such time as those policies arise for renewaL Husband shall not be obligated to renew the policies at that time, nor shall he be obligated to maintain his children as beneficiaries on those or any other policies from that time forward. Contemporaneously with execution of these Agreements, Husband shall provide Wife, through counsel, with copies of all life insurance policies upon which his children shall be named as beneficiaries as provided by this paragraph of the Agreement. 3.5 Subsequently Acquired ProTJertv. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Real Estate. A. 19 Indeoendence Drive. Shiopensbur!Z. Cumberland Countv. Pennsvlvania_ Wife is currently listed as the sole owner of the real estate located at 19 Independence Drive, Shippensburg, Cumberland County, Pennsylvania, which property was purchased during marriage and is marital property. This property is unencumbered. Contemporaneously with the execution of other documents referenced herein, Wife shall execute a special warranty fee simple deed conveying all of their right, title and interest in the aforesaid real estate to Husband. After execution and delivery of the aforesaid deed and after --Page 6 of20-- Husband has complied with the remaining terms of this Agreement, Wife shall make no claim of any nature whatsoever relative to any legal or equitable interest in the aforesaid real estate. Husband shall be solely and exclusively responsible for any encumbrances, liens, judgments, taxes, insurance, and routine maintenance expenses on the aforesaid property from the date of execution of this Agreement forward and shall indemnifY Wife and hold her harmless from and against any and all demands for payment or collection activities of any nature for any such debt. Husband's counsel shall be responsible for preparing a comprehensive deed conveying all of Wife's right, title and interest in the aforesaid property to Husband. B. Partiallv developed farm. The parties acknowledge that they are the joint owners of a farm, which has been developed and subdivided by Rine and Rine Builders, Inc. for the construction and sale of single dwellings. The aforesaid property is owned jointly by the parties with Gary Rine and Virginia Rine. Wife shall execute a special warranty fee simple deed conveying all of her right, title and interest to the aforesaid farm to Husband. After execution and delivery of the aforesaid deed and after Husband has complied with the remaining terms of tllis Agreement, Wife shall make no claim of any nature whatsoever relative to any legal or equitable interest in the aforesaid real estate. Husband shall be solely and exclusively responsible for any encumbrances, liens, judgments, taxes, insurance, and routine maintenance expenses on the aforesaid property from the date of execution of this Agreement forward and shall indemnifY Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature for any such debt. Husband's counsel shall be responsible for preparing a comprehensive deed conveying all of Wife's right, title and interest in the aforesaid property to Husband. --Page 7 of20-- C. Farm to be developed. The parties are joint owners of real estate, being a farm which is planned to be subdivided and developed by Rine and Rine Builders, Inc. for the construction and sale of single dwellings. The aforesaid property is owned jointly with Husband's brother and sister-in-law, Curtis and Danell Rine. Wife shall execute a special warranty fee simple deed conveying all of her right, title and interest to the aforesaid farm to Husband. After execution and delivery of the aforesaid deed and after Husband has complied with the remaining terms of this Agreement, Wife shall make no claim of any nature whatsoever relative to any legal or equitable interest in the aforesaid real estate. Husband shall be solely and exclusively responsible for any encumbrances, liens, judgments, taxes, insurance, and routine maintenance expenses on the aforesaid home from the date of execution of this Agreement forward and shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature for any such debt, including, but not limited to, any and all sums due and owing to George Baker of Fayetteville, Pennsylvania. Husband's counsel shall be responsible for preparing a comprehensive deed conveying all of Wife's right, title and interest in the aforesaid property to Husband. D. 51 Independence Drive, Shipvensburg. Cumberland Countv, Pennsylvania. The parties acknowledge that one of the lots in the farm that is being developed and referenced in subparagraph B above is known as 51 Independence Drive and also as Lot H-16. At the time of execution of this Agreement, Husband is in the process, through the assistance of his company, Rine and Rine Builders, Inc. of constructing a single family dwelling for Wife. Upon completion of the single family dwelling, Husband and his parents shall execute a deed conveying all of their right, title and interest in the aforesaid lot and home to Wife, free and clear of any liens or encumbrances of any nature whatsoever. Counsel for Wife shall be responsible for preparing a --Page 80f20-- comprehensive, special warranty, fee simple deed conveying all of the parties', and Husband's parents', right, title and interest in the aforesaid lot to Wife, which deed has been or shall be executed contemporaneously with the execution of all other documents required herein. It is further acknowledged that a comprehensive statement of specifications for work and materials required to build the aforesaid house, as well as an Agreement of Sale for the aforesaid lot and house have been attached hereto and incorporated herein by reference as Exhibits "A" and "B," respectively. It is acknowledged that the Agreement of Sale provides that the property will be "purchased" by Wife for the sum of TWO HUNDRED ONE THOUSAND SEVEN HUNDRED THIRTY AND XXi100 ($201,730.00) DOLLARS. It is further acknowledged, however, that no proceeds shall exchange hands for Wife's "purchase" of the aforesaid home, but rather, the home is being constructed by Rine and Rine Builders, Inc. for purpose of effectuating a comprehensive agreement in the parties' divorce action and as an integral part of this final Agreement. It is further acknowledged that Wife has requested and Husband has accepted additional changes to the attached documents that would provide additional value to the home of between TWENTY THOUSAND AND XX/IOO ($20,000.00) DOLLARS to THIRTY THOUSAND AND XXiIOO ($30,000.00) DOLLARS, which changes are hereby acknowledged by the parties. 3.7 Pension. Retirement. Pro/it-Sharin!!. Husband has retirement funds established with the Fiduciary Trust Company, with said funds being administered by Waddell and Reed, Inc., docketed to social security number 19445626 and referenced as registration type SEMPP MP PLAN and as registration type SEPSP Profit Sharing Retirement. From these retirement accounts, Husband shall transfer the sum of TWO HUNDRED THIRTY THOUSAND AND --Page 9 of20.- XX/100 ($230,000.00) DOLLARS through a rollover into a retirement account for Wife, to be accomplished through the execution of the necessary documents as required by Waddell and Reed, Inc. for Fiduciary Trust Company, or, if necessary, through the execution and filing of a Qualified Domestic Relations Order (QDRO). In the event the QDRO is necessary to accomplish this rollover of funds, the QDRO shall be prepared by Wife's counsel for review and approval by the Plan Administrator, Husband and his legal counsel. Thereafter, the parties shall execute the document, submit it to the Court as part of their divorce filing, and secure required Court approval in this manner. If a QDRO is not required, the rollover shall occur within thirty (30) days of execution of this Agreement by the parties. In the event a QDRO is necessary, the QDRO will be completed and the funds will be processed as expeditiously as possible. 3.8 Vehicles. The parties acknowledge that Wife has and shall retain sole and exclusive ownership and possession of her 2000 Dodge Durango and Husband has and shall retain sold and exclusive ownership and possession of his 2002 Chevrolet 2500 Silverado. Each party shall retain sole and exclusive obligation and responsibility for any encumbrances of any nature whatsoever on the aforesaid vehicles that they are retaining. Each party shall execute any documents necessary to convey they party's interest in the vehicle that the other party is retaining, including, but not limited to, title to the vehicles, a vehicle Power of Attorney, and similar documents. Upon execution of this Agreement by both parties, they waive, relinquish and transfer any and all right, title and interest they have in the other party's vehicle and shall make no claim to ownership, possession or use of the vehicle from the time of execution of this Agreement forward. --Page 10 of 20-- 3.9 Intan1!ible Personal Prooertv. The parties have already transferred or waived rights and interest in other intangible personal property, including their various bank accounts, credit union accounts, and the like. Each party agrees to sign any documents necessary to close any joint accounts within fifteen (15) days of signing this Agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to the financial accounts or other investments or intangible personal property that have already been retained by that party as described herein. 3.10 Rine and Rine Builders. It is acknowledged that Husband is a partner in the business known as Rine and Rine Builders, Inc. with an address of 19 Independence Drive, Shippensburg, Pennsylvania. The parties further acknowledged that a certain Post-Nuptial Agreement was executed by the parties on April 25, 2002, setting forth Wife's rights and interest in the aforesaid business. Pursuant to the aforesaid Post-Nuptial Agreement, Husband was to have compensated Wife the sum of FIFTY THOUSAND AND XXl100 ($50,000.00) DOLLARS in consideration of her interest in the aforesaid business. The parties hereby acknowledge that the construction of the home and transfer of the real estate referenced in paragraph 3.7(D) above shall be considered as partial compensation to Wife pursuant to the terms of the aforesaid Post-Nuptial Agreement. Husband shall not be obligated to compensate Wife an additional FIFTY THOUSAND AND XXl100 ($50,000.00) DOLLARS as claimed in the Post-Nuptial Agreement. Wife shall make no additional claim under the Post-Nuptial Agreement in consideration of the other mutual covenants and provisions set forth herein. --Page 11 of20-- ART/CLEIV DEBTS OF THE PARTIES 4.1 The parties do not have any joint debts known to the parties. Neither party has created any debts since the time of the filing of the divorce action in this matter that would create additional liens, encumbrances, or obligations of any nature against the other party. Neither party shall take any action to create additional indebtedness for the other party from the time of execution of this Agreement forward. It is specifically acknowledged, however, that Husband shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to any liens, indebtedness, or any encumbrances created by Rine and Rine Builders, Inc. as Wife has transferred any and all interest she has in Rine and Rine Builders, Inc. and Husband has assumed all obligations for Rine and Rine Builders, Inc., and relative to the real estate Husband has retained pursuant to paragraph 3.6(A)(B) and (C) above. ARTICLE V ALIMONY. SPOUSAL SUPPORT, CHILD SUPPORT, HEALTH INSURANCE 5.1 Husband currently provides health Insurance for the parties' children through his employment with Rine and Rine Builders, Inc. Husband shall continue to provide health insurance to the parties' children until they are eighteen (18) years of age and graduated, or otherwise completed their high school education, and, as their insurance policy may allow, through the completion of their college education as well at Husband's sole expense. Wife, who has maintained employment through Rine and Rine Builders, Inc., shall be entitled to maintain her health insurance policy through a COBRA plan or otherwise shall be permitted to maintain --Page 12 of20-- her health insurance through Rine and Rine Builders, Inc. for a minimum of three years from the date of the parties' separation at her expense. 5.2 Spousal Support. Alimonv Pendente Lite. and Alimonv. Husband shall maintain all expenses on the parties' jointly owned property at 19 Independence Drive, Shippensburg, Cumberland County, Pennsylvania until such time as Wife's home at 51 Independence Drive, Shippensburg, Cumberland County, Pennsylvania is completed and available for her as a new residence. Upon completion of the residence at 51 Independence Drive, Wife and the parties' children shall immediately move from 19 Independence Drive to the new home. It is anticipated that the parties' divorce action will be completed through the entry of a Decree in Divorce contemporaneously with the home being completed and, thereby, allowing the parties to physically separate at that time. Beginning on the first day of the first month following the entry of the Decree in Divorce in this matter, Husband shall compensate Wife the sum of TWO THOUSAND ONE HUNDRED XXII 00 ($2, I 00.00) DOLLARS per month as alimony. Said payments shall be made on the first day of each month from that time forward for a total of thirty-six (36) consecutive months or three years, at which time, the alimony shall cease without further action by the parties. Said alimony shall be non-modifiable and shall not be terminated except in the case where Wife remarries, cohabits, or either party is deceased. Said alimony shall be paid privately from Husband to Wife unless Husband is in default of any alimony payment for a period of thirty (30) days, which default shall permit Wife to secure collection of future alimony payments through the Cumberland County Domestic Relations Office. --Page 13 of 20-- 5.3 Child Support. Husband shall pay to Wife the sum of TWO THOUSAND ONE HUNDRED AND XX/IOO ($2,100.00) DOLLARS per month in child support for the parties three children beginning the first day of the first month following Wife vacating the former marital residence at 19 Independence Drive and relocating to 51 Independence Drive. Upon termination of the alimony payments set forth in paragraph 5.2 above, this child support amount shall increase to THREE THOUSAND DOLLARS AND XX/lOO ($3,000.00) DOLLARS per month and continue at that amount from that time forward without modification until the parties' children have reached the age of eighteen (18) years and completed their high school education. ARTICLE IV MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The parties acknowledge that they have received independent legal advice from counsel of their own selection, with Bradley 1. Griffie, Esquire advising Wife and Maria P. Cognetti, Esquire advising Husband, and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge 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 and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, of other unfair dealing on the part of the other, or on the part of the other's counsel. --Page 14 of20-- 6.2 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. --Page 15 of 20-- 6.3 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnifY or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.5 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. --Page 16 of 20-- 6.6 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 6.7 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.8 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.9 Severabilitv. If any term, condition, clause, section, 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. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.10 It is specifically understood and agreed that this Agreement constitutes the equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. --Page 17 of20-- 6.11 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. 6.12 Enforceabilitv and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non- breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. --Page] 8 of 20-- IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY: I,pld;~af (r;f~9? tZ (Date LORETTA 1. RlNE 3~S / ate .r-':, /) .... 1,'cUl.llfl )r.. /~ ~G.RlNE --Page 19 of20-- COMMONWEALTH OF PENNSYLVANIA COUNTY OF r'!-umJv.Al~ OnthisdJ~dayof Ot-u-~ , 2004, before me, the undersigned officer, personally appeared LORETTA L. RINE, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (' NOTARIAL SEAL ROBIN!. GOSHORN. NOTARY PUBLIC CARLISLE BORO., CUMBERLAND COUNTY MY COMMISSION EXPIRES APRil 17 2007 COMMONWEALTH OF PENNSYLVANIA COUNTY OF Do.upftvY1 On this? day of fY/o.r elL , 20~ before me, the undersigned officer, personally appeared DARRlN G. RINE, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NO APRil. FUGAlE Notary PublIc CIIY OF HNIRIS8URG,twII'HlN COUNlY My Commllllon Expno Mar 30. 2001 --Page 20 of20-- f...... -""'......,..' IH0_ :t.';i'jl,:, , {,)I\'., : h/,; (. " .of-'" ),~:,-" 0"" &.'-"~""".""'-'--""-' .. '~r!i'~!;\~A;' 10 V. c I ..........'i (') c; ....' r'_'''' c:':--"" eft r :r~" C- L) c,) .1. /; -,- ..0<- 7.5 ~ ::;:l --;:!J 11'(- -C;-;1 :uy i...:_:\ l~) ~:::-T, (:~~-~:.~ :,:"J -~G :.;; o 0'". Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DARRIN G. RlNE, v. CIVIL ACTION - LAW Defendant NO. 04-2247 IN DIVORCE CIVIL TERM LORETTA 1. RINE, PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a divorce decree: I. Ground for divorce: Irretrievable breakdown under g3301(c) 33Gl(d)(I) efthe Diyerce Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: certified mail/restricted delivery on May 22, 2004. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by g3301 (c) of the Divorce Code: by Plaintiff: March 22, 2005 by Defendant: March 23, 2005 (b) (I) Date of execution of the affidavit required by g3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiffs affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiffs Waiver of Notice In g3301 (c) Divorce was filed with the Prothonotary: March 23, 2005 Date defendant's Waiver of Notice In g3301 (c) Divorce was filed with the Prothonotary: March 29, 2005 <;''2 l_;: '""" = = <J1 ~ c:: (.-j o -n :::;l ffi:::!J --,FT; :I"JO () L :~7:j~'; ~:_') : 1 .---::,.(~ ~rrl ~~:-'1 ~~ co T': <;? o -' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF DARRIN G. RINE, Plaintiff No. VERSUS LORETTA L. RINE, Defendant DECREE IN DIVORCE AND NOW, ~;(' DECREED THAT Darrin G. Rine AND Loretta L. Rine ARE DIVORCED FROM THE BONDS OF MATRIMONY. PENNA. 04-2247 CIVIL TERM ~~:3.3A.A . M, IT IS ORDERED AND . PLAINTIFF, , DEFENDANT, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The parties' Separation and Property Sett:lement Agreement dated March 8, 2005 is incorporated herein but not merged. o ,; ...;.- i -/..... ,,; ...... ",' :~- " , . ..... .-'-- , " - '. ./ .... '. . , " . ~ - ATTESC!~ ( . . ..,.../ '. '" .....-..... .--'-'"";' - '. / -'. ..-, "- , 'J..:~ t:...:~.~ -~" '. ....~~... !O!Oooooo~o~ .oo;o.o;o.oo.i:t:OO ----- . . . .. PROTHONOTARY . . . . . . . . . . . . . J. . . . . . . . . . ;f.;+: "';t: :+:'I''f. . . . . ~Jr '$ ~ ~ 5OOf~ rP~~4.WpV H.e<.; ,~ , ... \, '-.. ). 'I; ,.,.". - I of ...- ~ R E eEl V E DOC T 1 8 2005 ~y DARRIN G. RINE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 04-2247 CIVIL TERM LORETTA L. RINE, Defendant : CIVIL ACTION - LA W : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, DARRlN G. RlNE (hereinafter "Participant") and LORETTA L. RlNE (hereinafter "Alternate Payee"), have agreed to a division of marital property through the execution of a Separation and Property Settlement Agreement dated March 8, 2005; WHEREAS, said Separation and Property Settlement Agreement provides for a distribution or rollover of proceeds held by the Plan Administrator, Waddell & Reed, Inc., in SEMPP account for Participant, ~.__j~. WHEREAS, this Order is entered upon Stipulation of the parties and intended to be a Qualified Domestic Relations Order (hereinafter "QDRO") under the Retirement Equity Act of 1984, and as that term is defined in Section 414(P) of the Internal Revenue Code (hereinafter "Code") and Section 206(d)(3) of ERISA; NOW, THEREFORE, IT IS ORDERED AND DIRECTED, AS FOLLOWS: 1. Participant's Social Security Number is 185-52-6783, his date of birth IS December 27, 1967, and his current address is 19 Independence Drive, Shippensburg, Pennsylvania, 17257. 2. Alternate Payee's Social Security Number is 165-68-5186, her date of birth is November 1, 1971, and her current address is 51 Independence Drive, Shippensburg, Pennsylvania 17257. 3. This Order applies to the SEMPP Plan for Rine & Rine Builders, account number 19445626 (hereinafter the "Plan"). 4. The Plan Administrator is Waddell & Reed, Inc., whose address is 6300 Lamar Avenue, P.O. Box 29217, Shawnee Mission, Kansas 66201-9217. 5. The Participant's interest in the Plan is marital property subject to distribution by this Court. 6. Alternate Payee shall be entitled to receive from the Plan account the sum of $115,000.00, effective immediately upon receipt of a true and attested copy of the within QDRO. 7. Alternate Payee's interest shall be distributed to her as elected by her in a manner permitted under the Plan after written consent. Prior to distribution, Alternate Payee's interest shall be segregated within the Plan and adjusted, as provided in the Plan for investment earnings, losses, appreciation and depreciation for Alternate Payee's sole benefit from the date of receipt of this Order forward. 8. Payments to the Alternate Payee shall commence as soon as administratively possible following the written election of the Alternate Payee and shall include all investment income allocated to this account after the date of receipt of a true and attested copy of the QDRO. 9. Nothing in this Order requires, and the Order shall not be construed to require, the Plan to provide any type of or form of benefit or any option not otherwise provided under the Plan. 10. It is intended by the parties that this Order will qualify as a Qualified Domestic Relations Order pursuant to the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974, both as amended by the Retirement Equity Act of 1984. In the event any questions arise as to the interpretation of this Order, the terms and provisions hereunder shall be interpreted and administrated in manner consistent with maintaining the qualifications of this document as a "Qualified Domestic Relations Order" under the applicable provisions of the Code and ERISA. 11. In the event of a conflict between the terms of the QDRO and the terms of the Plan, the terms of the Plan shall prevail. 12. The QDRO continues to be effective with respect to any successor or transferee plan, including any plan under which the Plan is merged. In the event of a change in the processing of the QDROs or an amendment to the Plan, Alternate Payee shall receive the same notification as other beneficiaries. 13. Participant and Alternate Payee shall advise the Plan Administrator of any changes in their respective mailing addresses or legal names at any point in the future during which funds are invested in the Participant's or Alternate Payee's name in the Plan. 14. The Court of Common Pleas of Cumberland County, Pennsylvania has and shall retain jurisdiction for enforcement purposes and to make any changes in this QDRO to the extend required to carry out the intent of the parties as evidenced by their Separation and Property Settlement Agreement dated March 8, 2005. 15. A copy of this Order shall be mailed to the Plan Administrator at the following address: Waddell & Reed Financial Services, 6300 Lamar Avenue, P.O. Box 29217, Shawnee Mission, Kansas 66201-9217. The Plan Administrator shall make a determination as to whether this Order constitutes a "Qualified Domestic Relations Order," as such term is defined in the Code and ERISA, and shall promptly notify the parties of its determination. The Plan Administrator's determination shall be binding on the parties. 16. The Court retains jurisdiction as might be necessary to establish or maintain the status of this Order as a Qualified Domestic Relations Order. J. J " (} .'\ "'" , \ ~\ -:' \ .. ^\ ..' ';J ...." 7 \1. -j - ..- ,~ , The parties hereto intending to be legally bound and to legally bound their heirs, executors, and assigns, hereby approve the foregoing Qualified Domestic Relations Order and request implementation of the Order pursuant to the terms of their Separation and Property Settlement Agreement dated March 8, 2005. WITNESSETH: - I 0 - tu--v'--~G<'A"V1'\. _~ \1 ~ Date DARRIN G. RINE, Participant ('. r-,;x,-c(1,JittrJJ L/y Date LORETTA L. RINE, Alternate Payee .' . '. COMMONWEAL TH OF PENNSYLVANIA COUNTYOF~~ On this J~ day of &W1d..e.".r 2005, before me, the undersigned officer, personally appeared DARRIN G. RINE, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 'fji:L l ' . .~- NOTARIAl. SEAL APRIL M FUGATE Notary PublIc CIlY OF HARRISBURG, DAUPHIN COUNTY My Commission Expires Mar 30, 2008 COMMONWEAL TH OF PENNSYLVANIA COUNTY OF CJ..l rvht,\l.A~ On this,jl.1l-"~day of ~le ~'L. undersigned officer, personally appeared LORETTA L. RINE, known to me (or 2005, before me, the satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (' , 'J-dJ <.I(./'I{. J NOTARIAL SEAL ROBIN 1. GOSHORN, NOTARY PUBLIC M~~~~~~:s~~~'J~~~~\lt:,~ 1~U~W7 . 't ... 1) DARRIN G. RINE, Plaintiff RECEIVED OCT 182005 ,>()'Y : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 04-2247 CIVIL TERM LORETTA L. RINE, Defendant : CIVIL ACTION - LAW : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, DARRIN G. RINE (hereinafter "Participant") and LORETTA L. RINE (hereinafter "Alternate Payee"), have agreed to a division of marital property through the execution of a Separation and Property Settlement Agreement dated March 8, 2005; WHEREAS, said Separation and Property Settlement Agreement provides for a distribution or rollover of proceeds held by the Plan Administrator, Waddell & Reed, Inc., in SEMPP account for Participal1t;.~~Jltt~. WHEREAS, this Order is entered upon Stipulation of the parties and intended to be a Qualified Domestic Relations Order (hereinafter "QDRO") under the Retirement Equity Act of 1984, and as that term is defined in Section 414(P) of the Internal Revenue Code (hereinafter "Code") and Section 206(d)(3) of ERISA; NOW, THEREFORE, IT IS ORDERED AND DIRECTED, AS FOLLOWS: 2. Participant's Social Security Number is 185-52-6783, his date of birth IS December 27, 1967, and his current address is 19 Independence Drive, Shippensburg, Pennsylvania, 17257. I" .... 2. Alternate Payee's Social Security Number is 165-68-5186, her date of birth is November 1, 1971, and her current address is 51 Independence Drive, Shippensburg, Pennsylvania 17257. 3. This Order applies to the SEPSP Plan for Rine & Rine Builders, account number 19445501 (hereinafter the "Plan"). 4. The Plan Administrator is Waddell & Reed, Inc., whose address is 6300 Lamar Avenue, P.O. Box 29217, Shawnee Mission, Kansas 66201-9217. 5. The Participant's interest in the Plan is marital property subject to distribution by this Court. 6. Alternate Payee shall be entitled to receive from the Plan account the sum of $115,000.00, effective immediately upon receipt of a true and attested copy of the within QDRO. 7. Alternate Payee's interest shall be distributed to her as elected by her in a manner permitted under the Plan after written consent. Prior to distribution, Alternate Payee's interest shall be segregated within the Plan and adjusted, as provided in the Plan for investment earnings, losses, appreciation and depreciation for Alternate Payee's sole benefit from the date of receipt of this Order forward. 8. Payments to the Alternate Payee shall commence as soon as administratively possible following the written election of the Alternate Payee and shall include all investment income allocated to this account after the date of receipt of a true and attested copy of the QDRO. 9. Nothing in this Order requires, and the Order shall not be construed to require, the Plan to provide any type of or form of benefit or any option not otherwise provided under the Plan. 10. It is intended by the parties that this Order will qualify as a Qualified Domestic Relations Order pursuant to the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974, both as amended by the Retirement Equity Act of 1984. In the event any questions arise as to the interpretation of this Order, the terms and provisions hereunder shall be interpreted and administrated in manner consistent with maintaining the qualifications of this document as a "Qualified Domestic Relations Order" under the applicable provisions of the Code and ERISA. 11. In the event of a conflict between the terms of the QDRO and the terms of the Plan, the terms of the Plan shall prevail. 12. The QDRO continues to be effective with respect to any successor or transferee plan, including any plan under which the Plan is merged. In the event of a change in the processing of the QDROs or an amendment to the Plan, Alternate Payee shall receive the same notification as other beneficiaries. 13. Participant and Alternate Payee shall advise the Plan Administrator of any changes in their respective mailing addresses or legal names at any point in the future during which funds are invested in the Participant's or Alternate Payee's name in the Plan. . ' 14. The Court of Common Pleas of Cumberland County, Pennsylvania has and shall retain jurisdiction for enforcement purposes and to make any changes in this QDRO to the extend required to carry out the intent of the parties as evidenced by their Separation and Property Settlement Agreement dated March 8, 2005. 15. A copy of this Order shall be mailed to the Plan Administrator at the following address: Waddell & Reed Financial Services, 6300 Lamar Avenue, P.O. Box 29217, Shawnee Mission, Kansas 66201-9217. The Plan Administrator shall make a determination as to whether this Order constitutes a "Qualified Domestic Relations Order," as such term is defined in the Code and ERISA, and shall promptly notify the parties of its determination. The Plan Administrator's determination shall be binding on the parties. 16. The Court retains jurisdiction as might be necessary to establish or maintain the status of this Order as a Qualified Domestic Relations Order. ~.__.- ./'/ J. . , f,""'.." \ t ."\ ~.. ".> ',1 . ~, . . The parties hereto intending to be legally bound and to legally bound their heirs, executors, and assigns, hereby approve the foregoing Qualified Domestic Relations Order and request implementation of the Order pursuant to the terms of their Separation and Property Settlement Agreement dated March 8, 2005. ~rl 1()-IO-O(~-!.' ~ '" Date DARRIN G. RINE, Participant ~ .1 I / / .! '- .' '/~ ). . \ .' Y-;&-t! -~.S1 'f)LrU Date LORETTA L. RINE, Alternate Payee I .-" I .. .. COMMONWEALTH OF PENNSYLVANIA COUNTY OF DMph,~ I ' On this l~day of ()~;f[) ~r , 2005, before me, the undersigned officer, personally appeared DARRIN G. RINE, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. , 1:t NOTARIAL SEAl APRIL M FUGATE Notary PubUc CRY Of HARRlSBURG,DAUPHIN COUNlY My Commission Elcplres Mar 30, 2008 COMMONWEALTH OF PENNSYLVANIA COUNTY OF LuI'\~JtL~- On this dU rLrday of 5e...p Le ~'"L.. , 2005, before me, the undersigned officer, personally appeared LORETTA L. RINE, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. '7~ffd~0Wl ~ Notary Publi . NOTARIAL SEAL ROBIN J. GOSHORN, NOTARY PUBLIC CARLISLE BORO., CUMBERLAND COUNT'ro MY COMMISSION EXPIRES APRIL 17 2007