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HomeMy WebLinkAbout04-4506TERRY JO RENNINGER., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. Oy 4(516(a, CIVIL TERM : CIVIL ACTION -LAW GREGORY S. RENNINGER, Defendant IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. 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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013-3302 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P.C. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE By 4Ameys or Plaintiff TERRY JO RENNINGER., Plaintiff V. GREGORY S. RENNINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. may' qJ h4 CIVIL TERM : CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff TERRY JO RENNINGER is an adult individual residing at 37 Green Hill Road, Mechanicsburg, Pennsylvania 17055. 2. Defendant GREGORY S. RENNINGER is an adult individual residing at 37 Green Hill Road, Mechanicsburg, Pennsylvania 17055. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on May 18, 1996 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph 4, above. LAW OFFICES SNELBAKER 6. Neither party is a member of the armed forces of the United States of America. BR ENNEMAN MAN & SPARE -2- 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised that counseling is available and that Plaintiff does not want to exercise her right to request that the Court require the parties to participate in counseling. 9. The Plaintiff requests this Court to enter a decree of no-fault divorce under Section 3301 (c).. WHEREFORE, Plaintiff TERRY JO RENNINGER. requests this Court to enter a Decree of Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between the Plaintiff and Defendant. SNELBAKER, BRENNEMAN & SPARE, P.C. By: Phi4HpaMesquSire 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff Terry Jo Renninger Date: September 7 2004 LAW OFFICES SNELBAKER. BRENNEMAN BC SPARE "3- TERRY JO RENNINGER, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA GREGORY S. RENNINGER, Defendant NO. CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT TERRY JO RENNINGER, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do NOT request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. r epfy Jo Renninei'' (Plaintiff) LAW OFFICES SNELBAKER. BRENNEMAN & SPARE -Date: September 3, 2004 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Teffy to Renninger Date: September 3, 2004 LAW OFFICES SNELBAKER, BRENNEMAN & SPARE ?? G? 0 ?? ? y ? rJ \. ? C. _.- %7 o^ -.I ? ? _..I ? J ifj --J ?. G? \l TERRY JO RENNINGER., Plaintiff V. GREGORY S. RENNINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4506 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, comes the Plaintiff-Petitioner, Terry Jo Renninger, by her attorneys, Snelbaker, Brenneman & Spare, P.C., and files the within Petition for Special Relief as follows: Petitioner, Terry Jo Renninger, is an adult individual residing at 37 Green Hill Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Respondent, Gregory S. Renninger, is an adult individual residing at same address of 37 Green Hill Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. The parties were married on May 18, 1996. 4. The parties are the natural parents of minor children, Dustin Renninger, age 6 and Jeremy Renninger, age 8. 5. Terry Jo Renninger is the sole owner of the residence located at 37 Green Hill Road, Mechanicsburg, Pennsylvania 17055. 6. The house was a gift to her from her mother's deed dated November 22, 2000 and LAW OFFICES SNELBAKER. BRENNEMAN & SPARE recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 234, Page 645. Terry's mother passed away in January 2001. 8. Under the laws of the Commonwealth of Pennsylvania, the residence is non- narital property. 9. Terry has resided in the home since she was thirteen (13) years of age. Terry is now forty-one (41) years of age. 10. Prior to her death, Terry's mother lived in the home with the parties Terry paid rent to her mother and helped her with expenses associated with the house. 11. Prior to August 2004, Gregory was unemployed for most of seven (7) years without good cause. 12. The only employment Gregory had prior to August 2004 was some occasional cleaning at the Silver Spring Fire House on a part-time basis. 13. Prior to February 2003, and unknown to Terry, Gregory ran up a credit card debt in the amount of approximately $33,000.00. 14. In an effort to payoff Gregory's $33,000.00 credit card debt, Terry closed out an Individual Retirement Account in her name only and used those funds to help pay Gregory's debt. 15. Throughout their marriage, the parties have always kept their finances separate and apart. 16. Terry took out a mortgage loan in her name only through Wachovia Bank in the amount of $35,525.00 against her home and used the proceeds to pay-off Gregory's credit card debt. 17. The mortgage to Wachovia Bank is recorded in the Office of the Recorder of LAW OFFICES SNELBAKER. BRENNEMAN & SPARE Deeds in and for Cumberland County, Pennsylvania in Mortgage Book 1796, Page 924. It was -ecorded on or about February 13, 2003. 2 18. As a result of the mortgage loan described in preceding paragraph, there is no increase in the net value of the marital home since the home was given to Terry as a gift. Thus, there is no "marital property" component to be distributed to the parties in the divorce action. 19. Despite Terry's requests, Gregory has failed and refused to move out of her home. 20. By letter dated August 3, 2004 from Terry's counsel, Gregory was formally informed that he was no longer welcome to remain in the home. A copy of the August 3, 2004 letter is attached hereto as Exhibit "A" and incorporated herein by reference. 21. Gregory is constantly fighting and arguing with Terry at her home. 22. Gregory attempts to monitor Terry's telephone calls by eavesdropping and by hitting the redial button in an effort to learn who she was talking to. 23. Contrary to the laws of the Commonwealth of Pennsylvania, on or about July 2004, Gregory installed a video recording device hidden in the living room and videotaped Terry without her knowledge. 24. Terry discovered the videotaping device and the videotape around the third week of July 2004. 25. Gregory's continued presence in Terry's home unnecessarily adds tension and to Terry's daily life and is not in the children' best interests. 26. Some days Gregory says he will leave the home. He then changes his mind and says he won't leave. 27. Gregory has repeatedly stated that he would not leave the home without being LAW OFFICES SNELBAKER. BRENNEMAN & SPARE some unstated amount of money by Terry. 28. Since Gregory began working at Roadway Trucking in August 2004, he has >ufficient income to afford to move out of Terry's home. 3 WHEREFORE, Petitioner, Terry Jo Renninger, respectfully requests your Honorable Court to issue an Order giving her exclusive possession of her house and ordering Gregory S. Renninger to vacate the premises immediately. Respectfully submitted, SNELBAKER, BRENNEMAN & SPARE, P.C. By: Philip . Spare, Esquire Pa. Supreme Ct. I.D. # 65200 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff/Petitioner Terry Jo Renninger Date: September 10, 2004. LAW OFFICES SNELBAKER, BRENNEMAN & SPARE 4 VERIFICATION I verify that the statements made in the foregoing Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Te y o Renninger. Date: September I , 2004 LAW OFFICES SNELBAKER, BRENNEMAN & SPARE CERTIFICATE OF SERVICE I, PHILIP H. SPARE, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Petition for Special Relief to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID ADDRESSED AS FOLLOWS: Joseph D. Caraciolo, Esquire The Law Offices of Patrick F. Lauer, Jr., L.L.C. 2108 Market Street, Aztec Building Camp Hill, PA 17011 Q4 ?? - Philip H. Spare, squire Pa. Supreme Ct. I.D. # 65200 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff Terry Jo Renninger Date: September /d , 2004 LAW OFFCES SNELBAKER. BRENNEMAN & SPARE C7 C O C. ez'.o .c:- -?Z -?F G7 ''i ' _ ?i>= - ?, _?,;'n --- - ??? y' ( ._ _ .??; (.ci -1 r•\ \.J 1 ERRY JO RENNINGER., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4506 CIVIL TERM V. CIVIL ACTION -LAW 3REGORY S. RENNINGER, Defendant : IN DIVORCE ORDER OF COURT AND NOW, this N day of 2004, upon consideration of plaintiff's Petition for Special Relief, a Rule is issued upon Gregory S. Renninger to show cause, if any he has, why Terry Jo Renninger should not be granted exclusive possession of the home known as 37 Green Hill Road, Mechanicsburg, Pennsylvania. Said Rule is returnable at a hearing scheduled for the day of p / 2004, at X3 u o'clock P. M. in Courtroom No. 's _, Fourth Floor, Cumberland County Courthouse, Carlisle, Pennsylvania. By the J. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE 0q, 16 o? ?? Iv 1 ? f L J i 1 10 l'J All LE :Z i?d E 43S hflOZ TERRY JO RENNINGER, Plaintiff V. GREGORY S. RENNINGER, Defendant IN RE: PETITION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4506 CIVIL TERM IN DIVORCE FOR SPECIAL RELIEF GRANTED ORDER OF COURT AND NOW, this 20th day of September, 2004, after hearing, the Petition For Special Relief is granted. Terry Jo Renninger is granted exclusive possession of the residence at 37 Green Hill Road, Mechanicsburg, Cumberland County, Pennsylvania, effective October 22, 2004. In the interim, the parties are directed to file a custody petition so that the issue of the legal and physical custody of the children can be addressed and a temporary order entered. This matter shall be referred to the conciliator forthwith. iilip H. Spare, Esquire For the Plaintiff 4-Joseph D. Caraciolo, Esquire For the Defendant Sheriff Court Administrator s r s Coptic 09 -c.21-PV 'pry 91f '_i. 1v1 ? I A I'1 , 11 TERRY JO RENNINGEI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.: 04-4506 Civil Term GREGORY S. RENNINGER CIVIL ACTION - LAW Defendant IN DIVORCE ANSWER AND COUNTERCLAIM ANSWER TO COMPLAINT IN DIVORCE Paragraphs one (1) through nine (9). Pursuant to Pennsylvania Rule of Civil Procedure 1920.14, an answer to the allegations of an action for divorce is not required, and such allegations are deemed denied. COUNTERCLAIM COUNT I - EQUITABLE DISTRIBUTION 10. The prior paragraphs, one (1) through nine (9) of this Complaint are incorporated herein by reference thereto. 11. The parties have legally and beneficially acquired property, both real and personal, during their marriage. 12. Defendant requests the Court to equitably divide, distribute, or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Defendant respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code, and the Defendant further requests this Honorable Court to enjoin such property from being removed, disposed of, alienated, sold, or otherwise encumbered pending final hearing and settlement of all claims. COUNT II - CUSTODY COMPLAINT The Defendant, through his attomey's, seeks to obtain custody of his minor children and makes the following averments in support thereof: 13. Paragraphs one (1) through twelve (12) are incorporated herein through reference. 14. Defendant is "Father," an adult individual., who currently resides at 37 Green Hill Road, Mechanicsburg, Cumberland County, and State of'Pennsylvania. 15. Plaintiff is "Mother," an adult individual, who currently resides at 37 Green Hill Road, Mechanicsburg, Cumberland County, and State of'Pennsylvania. 16. Defendant seeks custody of the following minor children: Name: Address: Age: Jeremy Renninger 37 Green Hill Road 8 years Mechanicsburg, PA 17055 Dustin Renninger 37 Green Hill Road 6 years Mechanicsburg, PA 17055 17. The children were not born out of wedlock. 18. The children are presently in the custody of their parents, whose address is 37 Green Hill Road, Mechanicsburg, Cumberland County, and State of Pennsylvania. 19. During the past five years, the children have resided with the following persons at the following address: Persons: Address: Dates Gregory Scott Renninger 37 Green Hill Road September 22, 1999- Terry Jo Renninger Mechanicsburg, PA 17055 Present 20. The Mother of the child is Terry Jo Renni.nger, who currently resides at 37 Green Hill Road, Mechanicsburg, Cumberland County, and State of Pennsylvania. She is Married. 21. The Father of the child is Gregory Scott Renninger, who currently resides at 37 Green Hill Road, Mechanicsburg, Cumberland County, and State of Pennsylvania. He is Married. 22. The relationship of Defendant to the child. is that of Father. Defendant currently resides with the following people: Names: Relationship: Terry Jo Renninger Wife Jeremy Renninger Son Dustin Renninger Son 23. The relationship of Plaintiff to the child is that of Father. Plaintiff currently resides with the following people: Names: Relationship: Gregory Scott Renninger Husband Jeremy Renninger Son Dustin Renninger Son 24. Defendant has not participated as a parry or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 25. Defendant has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 26. Defendant does not know of a person not a parry to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child 27. The best interests and permanent welfare of the child will be served by granting the relief requested because Defendant is in a better position to take care of the child as both father and Primary Caregiver for the child's entire life. 28. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Defendant respectfully requests that this Honorable Court enter an Order granting her custody of the child. Date: ©°l C/ p D. Caraciolo, Esquire Market Street, Aztec Building ip Hill, Pennsylvania 170114706 90919 Tel. (717) 763-1800 TT TERRY JO RENNINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.: 04-4506 Civil Term GREGORY S. RENNINGER CIVIL .ACTION -LAW Defendant IN DIVORCE VERIFICATION I verify that the statements made in this Answer and Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Signature: ? G Y S. RENNINGER Date: q_;W 2DU(? TERRY JO RENNINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.: 04-4506 Civil Term GREGORY S. RENNINGER CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Answer and New Matter upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by hand delivering the same to the person named as follows: Philip H. Spare, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 Attorney for Plaintiff Date / U If( lf D. Caraciolo, Esquire Mary:et Street Aztec Building mp Hill, Pennsylvania 170114706 ID# 90919, Tel. (717) 763-1800 c LAJ v C c 1 N C) c.; K7 4 U (T4 f T. +l Li p x N J CX? N W 0 rn C TERRY JO RENNINGER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GREGORY S. RENNINGER DEFENDANT 04-4506 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, October 05, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _ Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, November 04, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy. Esq. mhc Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 .?? ???' ?v?o?.a, ??'?v ? ? , , ? ?; -,?,??? ru,<, ,_ - ?? ? ? i ?~s s- ???? ?aaz 'r^ 1 ni-n? i?-? OCT 2 0 2004 Y V TERRY JO RENNINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW GREGORY S. RENNINGER, : NO. 04 - 4506 Defendant : IN CUSTODY COURT ORDER AND NOW, this "_?y of Alrh'AA , 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Terry Jo Renninger, and the father, Gregory S. Renninger, shall enjoy shared legal and shared physical custody of Jeremy H. Renninger, born July 20, 1996 and Dustin S. Renninger, born June 27, 1998. 2. Physical custody shall be handled as follows: a. The parties shall alternate physical custody on a week-on/week-off basis. Unless agreed otherwise by the parties, exchange of custody shall take place on Friday evening at 5:00 p.m. The mother shall have the first week of custody starting Friday, October 22, 2004 with the father having the second week, the mother having the third week and the father having the forth week. 3. The parties will meet for a Custody Conciliation conference on November 18, 2004 at 9:30 a.m. at the Cumberland County Courthouse. 4. When mother has custody of the minor children and mother is not able to take care of the children because of her work schedule, mother shall first offer father custody of the children to provide daycare for the children. If the father is unwilling or not available, mother shall provide daycare as required. The same shall apply when father has custody such that father shall notify mother when he is unable to care for the children as a result of work or other matters and he shall offer the mother the first opportunity to take care of the children. In those situations and where father is working third shift and the children are delivered to mother in the afternoon because father is unavailable, mother may put the children to bed at her home on those evenings. 5. The schedule outlined above is a temporary schedule and put together in an effort to determine what type of custodial arrangement will work best for the children in this situation. In the event the parties do not agree on an entry of a permanent order at the next custody conciliation conference, a hearing will be scheduled before the Court. At that hearing, it will be understood that the parties did not agree to the original week-on/week-off custody arrangement recommended by the Conciliator and the parties will be free to advance any custody arrangement they feel is appropriate at the hearing before the Court. BY THE C , Judge Edward E. Guido cc: Ahilip H. Spare, Esquire ,,roseph D. Caraciolo, Esquire /0 -25-4 TERRY JO RENNINGER, Plaintiff v GREGORY S. RENNINGER, Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 04 - 4506 : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-Mb), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Jeremy H. Renninger, born July 20, 1996 and Dustin S. Renninger, born June 27, 1998. 2. A Conciliation Conference was held on October 18, 2004, with the following individuals in attendance: The mother, Terry Jo Renninger, with her counsel, Philip H. Spare, and the father, Gregory S. Renninger, with his counsel, Joseph D. Caraciolo. 3. The parties went before Judge Guido on an exclusive possession petition and Judge Guido directed that the mother would have exclusive possession of the marital home, which she owns, effective October 22, 2004. Accordingly, the parties are not separating until that time. The prior history in this situation is the father was unemployed for a long period of time and he was available to be with the children. Mother has been working an early morning shift which she would go to work at 5:00 a.m. and would be home by 1:00 p.m. so that mother has been available the major portion of the day to be with the children in the past, especially during the school year. Father is moving into a home with his sister and her husband and child. Mother is staying in the marital home. 4. Father is employed at a job where he has alternating work schedules and his schedule changes from week to week, which could be a first, second or third shift schedule. Mother's current schedule is 5:00 a.m. until 1:00 p.m. on weekdays, but she suggests that she is going to change that from 7:00 a.m. until 3:00 p.m. The erratic work schedule of the parties and the fact that there has been really no track record in this case to determine how the parties are able to work things out with respect to the children requires a trial period where the Conciliator recommends an order allowing each party to have shared legal and shared physical custody for a period of 4 weeks after which the parties will meet again with the Conciliator for a conference. 5. The Conciliator recommends an order in the form as attached. /? a b DATE ubert X. G' oy, Esquire Custody C ciliator RECEIVED APR 191005y TERRY JO RENNINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW GREGORY S. RENNINGER, : NO. 04 - 4506 Defendant : IN CUSTODY COURT ORDER &h AND NOW, this ?O day of April, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 2 of the Cumberland County Courthouse on the 0? day of 2005 at 8 :Mm. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, each parties position on those issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of October 22, 2004 shall remain in effect. 3. In the event either party engages a counselor for the children, this Order specifically directs that counselor to share information with both parents and their attorneys with regard to all pertinent matters relating to the children and the counseling sessions. cceith O. Breneman, Esquire .,Aseph D. Caraciolo, Esquire BY COURT, Judge Edward E. Guido ?? i '} -?? ?? ? , ,? ;t t???? c, =? _ i, t. ;i... _dJt; TERRY JO RENNINGER, Plaintiff v GREGORY S. RENNINGER, Defendant Prior Judge: Edward E. Guido : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04 - 4506 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Jeremy H. Renninger, born July 20, 1996 and Dustin S. Renninger, born June 27, 1998. 2. A Conciliation Conference was held on April 14, 2005, with the following individuals in attendance: The mother, Terry Jo Renninger, with her counsel, Keith O. Brenneman, and the father, Gregory S. Renninger, with his counsel, Joseph D. Caraciolo. 3. This is the third time this case has come before this Conciliator, the first time being for a conference the next time being for a telephone conference call. The parties worked out an agreement last October, and based upon a recommendation of the Conciliator, the custody would be handled in a week on/week off basis. Mother suggests that the situation is fine. Father suggests that he should have primary custody for a variety of reasons. A hearing is required and the Conciliator recommends an order in the form as attached. DA Hubert X. Gilroy, E Custody Conciliator TERRY JO RENNINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. GREGORY S. RENNINGER, CIVIL ACTION - LAW Defendant NO. 04-4506 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 12th day of May, 2005, after hearing, our order of October 22nd, 2004, is modified as follows: 1. The mother, Terry Jo Renninger, and the father, Gregory S. Renninger, shall enjoy shared legal and physical custody of Jeremy H. Renninger, born July 20, 1996, and Dustin S. Renninger, born June 27, 1998. 2. The parties shall alternate physical custody on a week-on/week-off basis. Unless agreed otherwise by the parties, exchange of custody shall take place on Friday evening at 5:00 p.m. 3. When mother has custody of the minor children and mother is not able to take care of the children because of her work schedule, mother shall first offer father custody of the children to provide day care for the children. If the father is unwilling or is not available, mother shall provide day care as required. The same shall apply when father has custody such that father shall notify mother when he is unable to care for the children as a result of work or other matters, and he shall offer the mother the first opportunity to take care of the children. In those situations and where father is working third shift and the children are delivered to mother in the afternoon because father is unavailable, mother may put the children to bed at her home on those evenings. 4. When mother has custody and works, mother shall have a competent adult at her house by the time mother leaves for work, it being understood that that adult shall make sure the children are transported to school. This order may be modified by the parties as they agree. By the Edward E. Guido, J. Keith 0. Brenneman, Esquire For the Plaintiff -70 Joseph D. Caraciolo, Esquire For For the Defendant :lfh w a I TERRY JO RENNINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 044506 CIVIL TERM GREGORY S. RENNINGER, Defendant CIVIL ACTION -LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Terry Jo Renninger, Plaintiff moves this Court to appoint a master with respect to the following claims: (x) Divorce (x) Distribution of Property () Annulment () Support () Alimony () Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a master is requested. (2) The Defendant has appeared in the action by his attorney, Joseph P. Caraciolo, Esquire (3) The statutory grounds for divorce are: Section 3301(c) and Section 3301(d). (4) Delete the inapplicable paragraph(s): (a) The efie ; of senteste (b) An agreement has been reached with respect to the following claims: None. (c) The action is contested with respect to the following claims: equitable distribution.. (5) The action (invelves)(does not involve) complex issues of law or fact. (6) The hearing is expected to take 4 (days)(hours). (7) Additional information, if any, relevant to the motion: N/A. Date: October 23, 2006 Keith O. Brenneman, Esquire Attorney for Plaintiff ORDER APPOINTING MASTER AND NOW, this day of , 2006, E. Robert Elicker, II, Esquire is appointed Master with respect to the following claims: BY THE COURT: J. C? ? ? t:?'? `?„ ? ???- ?,.. _ -- ? m T? ?t1 .t ? ? ? T3 r? 7 ?; ? .. ? ? -. w_ ` c_.. ?p ?- .- ai m ," . ?. ,! .,. Y JO RENNINGER, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Y S. RENNINGER, Defendant NO. 04-4506 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE NOTICE IF YOU WISH TO DENY ANY STATEMENTS SET FORTH IN THE ATTACHED TIDAVIT, YOU MUST FILE A COUNTER-AFFIDAVIT WITHIN TWENTY (20) DAYS 'TER THE ATTACHED AFFIDAVIT HAS BEEN SERVED L;rONT i'OU OP. THE ATEMENTS WILL BE ADMITTED. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on October 22, 2004 and have continued to live and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn ion. to authorities. October 23, 2006 V4? Terry Jo R nni er, Plaintiff LAW OFFICES SNELBAKER & BRENNEMAN, P.C. A CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, ;aused a true and correct copy of the foregoing Notice to be served upon the person and in the indicated below: FIRST CLASS MAIL POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Joseph P. Caraciolo, Esquire Foreman & Foreman, P. C. 6`h Floor, Veterans Building 112 Market Street Harrisburg, PA 17101-2015 SNELBAKER & BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Terry Jo Renninger October 23, 2006 LAW OFFICES SNEL13AKER & BRENNEMAN, P.C. r-o "? -> rte! r ~ OCT 2 4 ZUU6 TERRY JO RENNINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 044506 CIVIL TERM GREGORY S. RENNINGER, Defendant CIVIL ACTION -LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Terry Jo Renninger, Plaintiff moves this Court to appoint a master with respect to the following claims: (x) Divorce (x) Distribution of Property (} Annulment () Support O Alimony O Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a master is requested. (2) The Defendant has appeared in the action by his attorney, Joseph P. Caraciolo, Esquire (3) The statutory grounds for divorce are: Section 3301(c) and Section 3301(d). (4) Delete the inapplicable paragraph(s): (a) The efien : of eenteste . (b) An agreement has been reached with respect to the following claims: None. (c) The action is contested with respect to the following claims: equitable distribution.. (5) The action (inveWes)(does not involve) complex issues of law or fact. (6) The hearing is expected to take 4 (days)(hours). (7) Additional information, if any, relevant to the motion: NIA. Date: October 23, 2006 Keith O. Brenneman, Esquire Attorney for Plaintiff ORDER APPOINTING MASTER AND NOW, this Z Y ` day of CA.,? h-V , 2006, E. Robert Elicker, II, Esquire is appointed Master with respect to the following claims: ?Sv, ???hti ?r.r?h`, BY THE COURT: ?Q J. ? ot IL TERRY JO RENNINGER, Plaintiff VS. GREGORY S. RENNINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 04-4506 Civil Term CIVIL ACTION - LAW IN DIVORCE TO: Keith O. Brenneman Attorney for Plaintiff Joseph D. Caraciolo Attorney for Defendant Date: Friday, November 3, 2006 CERTIFICATION [ ] I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. There are a few items that need to be appraised or valued to determine the marital portion subject to equitable distribution: Plaintiff's 401(k), Plaintiff's IRA, and the marital residence. IL (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. It is suggested that such appraisals and valuations should be complete by January 15, 2006 Date: 1l :?- O C Harrisburg, Pennsylvania 17101 ID# 90919 Tel. (717) 236-9391 Attorney for Defendant .,_, ? _ - `_ _ - i ?: ?:y ?. TERRY JO RENNINGER, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA GREGORY S. RENNINGER, Defendant : NO. 04-4506 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S PRETRIAL STATEMENT PURSUANT TO Pa.R.C.P. 1920.33(b) TO: E. Robert Elicker, II, Divorce Master Plaintiff Terry Jo Renninger, by her attorneys, Snelbaker & Brenneman, P. C., submits this Pretrial Statement at the direction of the Divorce Master as follows: A. Background. This divorce action was initiated by Plaintiff Terry Jo Renninger by Complaint filed September 8, 2004. Defendant Gregory S. Renninger filed an Answer and Counterclaim on September 29, 2004, containing a custody claim and a claim for equitable distribution. The parties were married on May 18, 1996 in Cumberland County, Pennsylvania. On September 20, 2004 the Court issued an Order granting Plaintiff exclusive possession of the residence solely owned by her at 37 Green Hill Road, Mechanicsburg, effective October 22, 2004. The parties have been separated since October 22, 2004. Plaintiff seeks a divorce on the grounds that the parties marriage is irretrievably broken. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. On October 23, 2006 Plaintiff filed and served an Affidavit pursuant to Section 3301(d) of the Divorce Code setting forth a separation date of October 22, 2004 to which no counter-affidavit has been filed. There appears to be no issues in this case with respect to the date of the parties' separation or the grounds for the divorce; accordingly, the only issue for resolution by the Divorce Master is equitable distribution. The parties were married almost eight and one-half years at the time of their separation in October, 2004. Since June 15, 1981, Plaintiff has worked for Exel Logistics and presently is a stock accounting coordinator. Defendant, due to what can only be characterized as an abject lack of ambition, was unemployed for a seven year period during the parties' marriage. Defendant finally decided to work in August, 2004 in the face of the pending divorce proceeding taking a job with Roadway Express as a dock worker. On October 23, 2006, Plaintiff filed a Motion for appointment of a Divorce Master in this proceeding. B. Statement Pursuant to Pa.R.C.P. 1920.33(b). 1. ASSETS. A. Marital Assets 1. Real Estate. There is no real estate constituting marital property. Non-marital real estate is described and discussed in B.1, below. 2. Household Goods, Furnishings, Miscellaneous Tangible Personal Property. Both parties possess miscellaneous items of personal marital property as a result of their separation in October 2004. Neither party has had the personal property appraised. The relative value of the miscellaneous property in their possession appears to be the same and of such a quantity and amount not worth appraising. Plaintiff is unaware of any specific items of personalty in her possession that Defendant desires. Plaintiff has no interest in any particular item or items of personal property in Defendant's possession. 3. Intangible Personal Property. a. Pension/Retirement Plans. There are no marital pension or retirement plans. The marital portion of Plaintiffs non-marital Exel Retirement Savings Plan is described and discussed in B.3, below. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 2 b. Bank Accounts. 1. M&T Checking Account, No. 779384, titled in both parties' names. October 2004 balance: $43.73 2. M&T Checking Account No. 9833888911, titled in Plaintiffs name. October 24, 2004 balance: $507.47 3. Wachovia Savings Account No. 1000646001417, titled in both parties' names. October 2004 balance: $166.85 After learning of the pending divorce prior to separation, Defendant removed $3,850.00 (August 6, 2004 - $1,500.00; August 10, 2004 - $250.00; August 12, 2004 - $500.00; September 9, 2004 - $1,600.00) from Account No. 779384. Accordingly, Defendant is charged with having $3,850.00 of marital assets of the parties. c. Investment Accounts. MIC 2000 Investment Account, titled in Defendant's name. This is an investment club account except to provide a 2004 Schedule K-1. The balance of Defendant's interest in this account as of the date of September is unknown. 2. Wachovia Securities Investment Accounts No. 7035-7411 and No. 7212-7090 titled in Plaintiffs name as custodian for Jeremy Renninger and Dustin Renninger, respectively, UGMA. Date of separation value is unknown. Balance of Account No. 7035-7411 as of December 31, 2006 was $3,394.73; balance of Account No. 7212-7090 as of December 31, 2006 was $2,178.47. No deposits to either account have been made after separation. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. d. Motor Vehicles. 1. 1992 Jeep Cherokee, titled in both parties' names, but used by Plaintiff. The vehicle was totaled in October 2004. Plaintiff received insurance check of $3,379.32 only after she agreed to sign over title to Jeep used by Defendant below. 2. 1996 Jeep Cherokee, titled in both parties names until October 3 2004, but used by Defendant. Defendant traded in the vehicle in November 2004, receiving $4,500.00. Accordingly, Defendant received $1,121 of marital property in excess of the value received by Plaintiff for her Jeep. e. Life Insurance. Plaintiff maintains life insurance through Gerber Life Insurance Company on sons Jeremy and Dustin with each policy having a benefit amount of $10,000. Cash surrender value, if any is unknown and will be obtained. B. Non-Marital Assets. 1. Real Estate. Plaintiff is the sole owner of the residence at 37 Green Hill Road, Mechanicsburg, having acquired the property as a gift from her mother November 14, 2000. The marital property component of the assets (increase in fair market value between November 14, 2000 and October 22, 2004) is $20,000.00. 2. Miscellaneous Tangible Personal Property. Each party possesses personal property which is claimed to be non-marital, none of which has been appraised. Defendant has tools and other property acquired prior to marriage. Plaintiff has personal property inherited from her mother's estate and other furnishings. 3. Intangible Personal Property. Plaintiff participates in the Exel Retirement 401K Savings Plan in which she was vested prior to marriage. The date of separation value of her account was $82,380.46. The plan has changed administrators several times since the parties' marriage. The balance in the account as of December 31, 1996 (7 months after marriage) was $34,968.17. Plaintiff reserves the right to supplement this Statement once (if) a date of marriage value is obtained. II. IDENTIFICATION OF EXPERT WITNESSES. Plaintiff identifies the following expert witnesses she may call at the time of the hearing in this matter: A. Pamela M. Reitenbach and Karen Darney, certified real estate appraisers. 3 Lemoyne Drive LAW OFFICES Lemoyne, PA 17043 SNELBAKER & BRENNEMAN, P.C. Subject: Value of real estate at 37 Green Hill Road, November 14, 2000 and 4 October 22, 2004. B. Possible appraiser of personal property (if necessary). C. Possible expert to value Exel Retirement Savings Plan (marital portion). Plaintiff reserves the right to call additional expert witnesses pending receipt and review of any expert witness reports or appraisals produced by Defendant. III. IDENTIFICATION OF OTHER WITNESSES. In addition to Plaintiff and Defendant, Plaintiff identifies no additional witness other than those identified above which she may call at time of the hearing. Plaintiff reserves the right to identify and call other witnesses to address matters raised in Defendant's Pretrial Statement and to authenticate any document or exhibit identified below or otherwise to be used in the hearing in this matter. IV. LIST OF EXHIBITS. Defendant identifies the following exhibits she will utilize at the time of trial. 1. Current federal income tax returns of the parties. 2. M&T account statements noting separation balances and withdrawals by Defendant. 3. Wachovia bank statements. 4. Wachovia Securities UGMA account statements. 5. Gerber Life Insurance policy statements of value (will be provided when received). 6. Deed to property at 37 Green Hill Road, Mechanicsburg. 7. Letter from AON Consulting, Inc. re: retirement savings plan value. 8 Exel retirement savings plan account statements. 9. November 14, 2000 and October 22, 2004 real estate appraisals. 10. February 10, 2003 Wachovia Bank loan disbursement letter. 11. First Union Bank Card Services credit card account statements for G. LAW OFFICES Scott Benninger. SNELBAKER & BRENNEMAN, P.C. 12. Chase Mastercard account summary statements for account No. 5184450004196204. 13. Wachovia account statements noting Mastercard account balance. 14. Home equity loan documentation and mortgage. 15. Account payment statements concerning home equity loan. 16. All documents provided to Defendant in discovery. 17. All documents provided to Plaintiff in discovery. Defendant reserves the right to supplement this list of exhibits as necessary as documents become available to her and/or received from Defendant. V. PLAINTIFF'S INCOME. Plaintiffs income from all sources is set forth on her last federal income tax return (2006). VI. PLAINTIFF'S EXPENSES. Given that the remaining issue in this case is equitable distribution, no statement of current expenses for Plaintiff will be submitted. VII. RETIREMENT/PENSION BENEFITS. See the discussion set forth in I.B.3., above. VIII. COUNSEL FEES. No claim for counsel fees has been raised by either party in this action. IV. TANGIBLE PERSONAL PROPERTY. See I.A.2 and I.13.2., above. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. X. MARITAL DEBT. There is a significant matter in this case involving Defendant incurring debt. In 2003, Defendant Scott Renninger, who by that time had been unemployed for a period of six years, came to Plaintiff and confided in her that he was in trouble due to debt that he had incurred and that he needed her help. Unbeknownst to Plaintiff, Defendant had incurred approximately $25,000.00 in credit card debt with First Union and $6,838.93 in credit card debt with Chase. The debts represent various expenditures by Defendant for items not essential to the parties' marriage or upkeep but were expenditures made by Defendant on a whim and/or for gambling purposes. 6 Defendant wanted Plaintiff to take a loan against her home to pay the credit cards off. Defendant represented that if Plaintiff obtained the loan that Defendant would get a job and pay the loan off. Plaintiff obtained a mortgage loan on her residence and drew upon the loan in the amount of $35,000 in February 2003. In addition, since Defendant remained unemployed until August 2004 Plaintiff in October 2003 closed her IRA account, withdrawing $5,503.77 which she then gave to Defendant in order to pay on the home equity loan until such time as he could obtain a job. Finally, the additional sum of $3,116.07 was drawn on the home equity loan for Defendant to assist in making payments. Accordingly, the following amounts were paid to or for Defendant in 2003 on account of the debts he had incurred: Payment from Plaintiffs IRA Account: $ 5,503.77 Payment to Scott Renninger: 3,116.07 Payment on account of First Union credit card: 25,045.00 Payment on account of Chase credit cared: 6,838.93 Total: $40,503.77 From March 2003 to September 2004 Defendant paid $4,141.80 on the home equity loan (representing eighteen monthly payments of $230.10 each). When Defendant left the residence at 37 Green Hill Road, he told Plaintiff that she was to pay the loan or she would lose her house. Plaintiff has since paid $230.10 on the debt that had been incurred by Defendant each month since October 2004. It is Plaintiffs position that all monies paid to Defendant for purposes of paying Defendant's non-marital debt together with those funds that she will need to pay in order not to be in default of her home equity loan obligation should be allocated to Defendant. XI. PROPOSED RESOLUTION OF ECONOMIC ISSUES. Plaintiff proposes a 50150 division of marital assets with the 50% portion allocated to the Defendant being off-set by the debt incurred by Defendant and paid on his behalf as noted in X., above. SNELBAKER & BRENNEMAN, P. C. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Date: March 12, 2007 BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Terry Jo Renninger 7 CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Plaintiff s Pretrial Statement to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Joseph D. Caraciolo, Esquire Foreman & Foreman, P. C. 6'' Floor, Veterans Building 112 Market Street Harrisburg, PA 17101-2015 E. Robert Elicker, II, Divorce Master 13 North Hanover Street Carlisle, PA 17013 By: IDate: March 12, 2007 SNELBAKER & BRENNEMAN, P.C. Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Terry Jo Renninger LAW OFFICES SNELBAKER & BRENNEMAN, P.C. _ qtr: ? J i'T5 G TERRY JO RENNINGER, Plaintiff vs. GREGORY S. RENNINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 04-4506 Civil Term CIVIL ACTION -LAW IN DIVORCE PETITION FOR RELATED CLAIMS UNDER DIVORCE CODE AND NOW, comes the petitioner, Gregory S. Renninger, by and through his attorneys, Foreman & Foreman, P.C., and Joseph D. Caraciolo, Esquire, and respectfully represents that: 1. Petitioner is the Defendant in the divorce action captioned above. 2. Petitioner lacks sufficient property to provide for his reasonable needs, and is unable to adequately support himself through appropriate employment due to a debilitating disease. 3. Petitioner requires reasonable support to adequately maintain himself. 4. Petitioner is in danger of losing his medical insurance and in a position where he cannot afford substitute medical insurance. 5. Respondent is in a position where she can reasonably support the Petitioner. 6. Respondent has appropriate medical insurance and is able to add Petitioner at a minimal cost. 7. Plaintiff filed for Spousal Support and Alimony Pendante Lite at the Domestic Relations Section of the Court of Common Pleas of Cumberland County. 8. A conference is now scheduled for June 14, 2007 at 1:30 p.m. before a conference officer of the Domestic Relations Section. r WHEREFORE, Petitioner respectfully requests that his Honorable Court preserve his claims for Alimony, and Alimony Pendente Lite, Costs and Expenses. Respec,411y submitted-' FOR,EMA,N & FOOMA,9, P.C. Date: seph D. Caraciolo, Esquire Attorney for Defendant 112 Market Street, 6`h Floor Harrisburg, PA 17101 Telephone- (717) 236-9391 Attorney ID Number: 90919 TERRY JO RENNINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO.: 04-4506 Civil Term GREGORY S. RENNINGER, CIVIL ACTION -LAW Defendant IN DIVORCE ATTORNEY VERIFICATION The undersigned, Joseph D. Caraciolo, Esquire, hereby verifies and states that: 1. He is the attorney for the Defendant, Gregory S. Renninger; 2. He is authorized to make this verification on his behalf; 3. The facts set forth in the foregoing Motion are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Petition are true and correct to the best of his knowledge, information and belief, and 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities., r y sul, bitted K & FORT Date: o F12 ph D. Carac4e?i`o, E§4uirt rney for Defendant Market Street, 6th Floor Harrisburg, PA 17101 Telephone- (717) 236-9391 Attorney ID Number: 90919 .C. TERRY JO RENNINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.: 04-4506 Civil Term GREGORY S. RENNINGER, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Plaintiffs Petition for Related Claims under the Divorce Code upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing the same by first class mail, addressed as follows: Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 Date: 1617 Respectfully submitted FORE1$ANA FOREMANP.C. ' rft/ `-mil . J-Oeph D. Car ciolo, Esquir( Attorney for Defendant 112 Market Street, 6`h Floor Harrisburg, PA 17101 Telephone- (717) 236-9391 Attorney ID Number: 90919 ce?-s ;r. ro IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRY JO RENNINGER, Plaintiff Vs File No. 2004-4506 IN DIVORCE GREGORY S. RENNINGER, Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/ defendant in the above matter, [select one by marking "x"] X prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated , hereby elects to resume the prior surname of Terry J. Nailor , and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704. Date: January 14, 2008 / ignature Terry Jo Renninger Signatur o ame being resumed Terry J. Nailor COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) On the 14th day of January , 2008 , before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan L. Matra, Notaryt? L ? Me&"dcsburg Boro, CCox* W Commission E)#m Nov.'Ift 1011 Member, Pennsylvania Association of Notaries -ALA ?- o t? W WI) t, Y JO RENNINGER, v. Plaintiff RY S. RENNINGER, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4506 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on amber 8, 2004. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to entry of the decree. 4. I verify that the statements made in this Affidavit are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to falsification to authorities. Jq,vaMw? /? ? ao 8 Terry enninger LAW OFFICES SNELBAKER & BRENNEMAN, P.C. na ?'r' try -qp Y JO RENNINGER, V. Plaintiff Y S. RENNINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4506 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's , or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court that a copy of the decree will be sent to me immediately after it is filed with the 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. 11-7 "? A, / rry Jo Renningc/r LAW OFFICES SNELSAKER & BRENNEMAN, P.C. CZ rv a _ Q7 rn tv Y JO RENNINGER, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Y S. RENNINGER, Defendant NO. 04-4506 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on 8, 2004. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to entry of the decree. 4. I verify that the statements made in this Affidavit are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to falsification to authorities. 3 p 2, ob AV4 , ZA!?? Gr ory S. Renninger LAW OFFICES SNELBAKER & BRENNEMAN, P.C. N jig °, 1 Y JO RENNINGER, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA REGORY S. RENNINGER, Defendant NO. 04-4506 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court that a copy of the decree will be sent to me immediately after it is filed with the 4. I verify that the statements made in this affidavit are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to falsification to authorities. gory S. Renninge LAW OFFICES SNELBAKER & BRENNEMAN, P.C. c7 ? rr7 ? co niZ ^? f ry f mot...' ` , zz ra ? . ?? fri TERRY JO RENNINGER, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA GREGORY S. RENNINGER, Defendant NO. 04-4506 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE ACCEPTANCE OF SERVICE This will confirm that I accepted service of the Divorce Complaint on behalf of Defendant Gregory S. Renninger on or about September 9, 2004 and certify that I was authorized Ito do so. I Date: E"34C.;7 11(0 ?r J ph D. CarViold;?squire reman & Foreman, P. C. Floor, Veterans Building 112 Market Street Harrisburg, PA 17101-2015 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. C') ?` ti c? Trig`" t ? , ?° ,?` r.,.; -yt ? , ? ? ? ? .? .fix,-;-? ?..r ?? ?? d t 72...0Lf - q50(p POST-NUPTIAL AGREEMENT THIS AGREEMENT is made and entered into this 30 TV day of Tftt(A" 2008 by and between: TERRY JO RENNINGER, of 37 Green Hill Road, Mechanicsburg, Cumberland County, Pennsylvania, party of the first part, hereinafter "Wife" AND GREGORY S. RENNINGER, of 6342 Mercury Drive, Mechanicsburg, Cumberland County, Pennsylvania, party of the second part, hereinafter "Husband" WITNESSETH: WHEREAS, Husband and Wife (collectively referred to herein as the "parties") were married to each other on May 18, 1996 in Cumberland County, Pennsylvania; and WHEREAS, the parties last resided with each other at 37 Green Hill Road, Mechanicsburg, Pennsylvania and were separated October 22, 2004; and WHEREAS, the parties have accumulated certain assets and incurred certain debts during their marriage; and WHEREAS, certain differences have arisen between the parties, as a consequence of which they live separate and apart from each other; and WHEREAS, the parties agree that their marriage is irretrievably broken; and WHEREAS, the parties have two children of their marriage; namely Jeremy H. Renninger, born July 20, 1996 and Dustin S. Renninger born June 27, 1998; and WHEREAS, the parties acknowledge that each has had the full opportunity to be advised independently and represented by separate counsel concerning their respective rights, duties and obligations arising out of their marital status and with respect to the terms and provisions of this Post-Nuptial Agreement and the meaning and legal effect thereof, with Wife being represented by Keith O. Brenneman, Esquire and Husband by Joseph D. Caraciolo, Esquire; and WHEREAS, the parties having a full opportunity to be so advised of their respective rights, duties and obligations arising out of their marital status, and each having a full opportunity to investigate and evaluate assets, liabilities and all other aspects of each other's property and their jointly owned assets and liabilities, have come to an agreement for the final settlement of their property and affairs, which they believe to be fair, just and equitable. NOW THEREFORE, in consideration of these presents and the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, and intending to be legally bound hereby, the parties mutually agree as follows: 1. INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are incorporated by reference herein in their entirety. 2. MUTUAL SEPARATION. Husband and Wife shall be free from constraint or control by the other as fully as if he or she were unmarried. Neither shall disturb, trouble nor interfere in any way with the other or with any person for associating with the other. 3. PERSONAL PROPERTY. The parties declare and agree that they have, prior to the execution of this Post-Nuptial Agreement (the "Agreement"), voluntarily agreed to divide and have physically divided and distributed between themselves all of the parties' personal property which they acquired either before or during their marriage, whether or not said property is or would be deemed to be marital property under the Pennsylvania Divorce Code and subject to equitable distribution. 2 Husband shall have and possess, free of any claim or interest of Wife, all items of personal property that he has in his possession and Wife shall have and possess, free of any claim or interest of Husband all items of personal property that she has in her possession. The parties declare and acknowledge that the division of the personal property described above constitutes their mutual agreement to divide various items of personal property, possessions, furniture and furnishings (collectively the "property") whether or not acquired during their marriage and whether or not said property is or would be deemed to be marital property under the Pennsylvania Divorce Code and subject to equitable distribution. The parties declare and acknowledge that they are aware of all assets, property and real property that each has brought into the marriage and that has been obtained or acquired separately or jointly by them during the course of their marriage and therefore waive any valuation thereof. Each party expressly releases the other of and from any and all right of equitable distribution or claims to assets and property of any kind or nature whatever possessed in accordance with this Agreement by the other party and hereby declares and acknowledges that the voluntary division by them of all property, whether marital or not, is fair and equitable, and that either party may sell, dispose of, encumber or transfer any property in his or her possession free of any claim or interest of the other. 4. RESIDENCE AT 37 GREEN HILL ROAD MECHANICSBURG PENNSYLVANIA. Husband and Wife acknowledge that Wife acquired by deed from Wife's mother dated November 14, 2000 real property improved with a residential dwelling located at 37 Green Hill Road, Mechanicsburg, Pennsylvania (the "Premises"). The parties further acknowledge that the Premises is subject to Wachovia Bank home equity line of credit (hereinafter the "mortgage") for which line of credit both parties are borrowers. 3 The parties agree that wife shall have exclusive possession and use of the Premises. Wife agrees that the mortgage payments, utilities, taxes, insurance and all other expenses associated with the ownership, use and maintenance of the Premises incurred any time before the date of this Agreement and in the future, shall be the sole responsibility of Wife and that Wife shall indemnify and hold Husband harmless of and from any such payments, costs and expenses, including any attorney's fees incurred by Husband due to Wife's failure to pay for the foregoing. Husband hereby releases and conveys to Wife any and all right, title and interest he has or may have in the Premises, including, but not limited to, any interest in the appreciation in value of the Premises. Husband further agrees to sign all documents reasonably required at any time in the future to note and confirm his release of any right, title and interest in the Premises. The parties acknowledge that Husband has acquired after the parties' separation an ownership interest in real estate at 6342 Mercury Drive, Mechanicsburg, Pennsylvania. Wife hereby releases and conveys to Husband any and all right, title and interest she has or may have in the property at 6342 Mercury Drive. Wife further agrees to sign all documents reasonably required at any time in the future to note and confirm her release of any right, title and interest in that property. 5. BANK ACCOUNTS. All bank accounts, whether or not jointly held by the parties during their marriage, have been divided by the parties prior to their separation. 6. MARITAL DEBT AND FUTURE OBLIGATIONS. The parties acknowledge and agree that other than the mortgage identified in Paragraph 4, above, there is no debt for which the parties are jointly liable. The parties acknowledge and agree that any and all debt and obligations incurred by either of them individually prior to and after the date of their separation shall be the sole and 4 separate liability and responsibility of the party incurring the debt or obligation and each party agrees that he/she will not incur or attempt to incur any debt or obligations for or on behalf of the other party. Each party further agrees that each will indemnify and hold harmless the other party of and from any and all claims, liability and attorney's fees arising from such present and future debts and obligations and any other debts and obligations incurred prior to and after the parties' separation and/or divorce for which such party is obligated under the terms of this Post-Nuptial Agreement. 7. AUTOMOBILES. The parties acknowledge that they each have acquired motor vehicles after their separation. The parties agree that each shall retain sole and exclusive ownership, possession and use of the motor vehicle in his or her possession and shall pay and be solely responsible for paying all debts due on any all amounts associated with the use, maintenance and ownership of his or her respective vehicle. 8. COUNSEL FEES. Each party agree to pay and be responsible for his or her own for legal fees and costs incurred by him or her associated with the initiation, processing and completion of the Divorce Action and the preparation, negotiation, consummation and compliance with the provisions of this Post-Nuptial Agreement. 9. PENSION, 401K, RETIREMENT PLANS BENEFITS AND EMPLOYMENT BENEFITS. The parties acknowledge that Wife is vested in an Exel Retirement 401K Savings Plan identified as account No. 198-54-0978 (the "401K Account") through her employer. The parties agree that Husband shall receive $35,000 from Wife's 401K Account, which sum shall be transferred into a qualified account to be established by Husband by a qualified domestic relations order ("QDRO") prepared by Wife's attorney, a copy of which is attached hereto as "Exhibit A". Husband's attorney shall provide Wife's attorney with the name, address and telephone number of the account holder and representative of the account holder that has or will have Husband's qualified account into which the above amount shall be transferred by the QDRO, within thirty (30) days of the date of this Agreement. Husband agrees that he shall either: (a) pay Wife within sixty days of the date of this Agreement the total amount of $18,000 if payment is made by Husband from funds other than the funds Husband is receiving by transfer through the QDRO; or (b) pay Wife from the funds transferred to Husband's qualified account the sum of $18,000 within thirty days of the transfer of funds by the QDRO into Husband's qualified account. Husband agrees that he shall make no withdraws from the qualified account prior to payment of $18,000 to Wife unless such withdrawal is for the purpose of paying $18,000 to Wife with the funds withdrawn. Husband further agrees that he shall be solely responsible for any tax consequences resulting from any withdrawal from his qualified account. Within sixty days of Wife's receipt of the $18,000 payment by Husband, Wife shall make a payment to the mortgage as more fully described in Paragraph 4 herein in the amount of $18,000 or the total mortgage payoff, whichever amount is less. The parties agree that each has no obligation to provide, now or at any time in the future, medical, dental, vision or health insurance coverage for the benefit of the other. Except as described above in this Paragraph, the parties further agree that each waives, relinquishes and forever releases the other of and from any and all claims which either may have against the other's pension or retirement plan and any other retirement or employer benefit or benefits, except that neither party waives any claims to benefits owed as a result of treatment received or services rendered by the other party's medical, dental, vision or health insurance coverage company for previous dates of service which have yet to be disbursed. 6 10. INSURANCE AND INVESTMENT ACCOUNTS. The parties acknowledge that Wife maintains as custodian for each of the parties' children separate Wachovia Securities Investment accounts and life insurance on both children through Gerber Life Insurance Company. Husband waives and releases any and all claims, rights and interest in and to the investment accounts and insurance policies. Wife waives and releases any and all claims, rights and interest in and to any investment accounts or life insurance held by Husband. 11. RELEASE OF SUPPORT AND RIGHTS UNDER DIVORCE CODE. Each party waives and releases the other party of and from any and all claims which either may have against the other for spousal support and for claims which either may have against the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, cost and expenses, except that the performance of any obligation created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code. 12. DIVORCE. On September 8, 2004, Wife initiated a divorce action in the Court of Common Pleas of Cumberland County docketed to No. 2004-4506 (the "Divorce Action"). The parties agree and acknowledge that their marriage is irretrievably broken, but do not desire marital counseling, and that they both consent to a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, both parties agree to terminate their marriage by mutual consent and each agrees to execute concurrently with the execution of this Agreement the necessary affidavits, waivers and consents in the Divorce Action, which shall be delivered to Wife's attorney for filing with the Prothonotary. 7 13. TAX IMPLICATIONS AND MATTERS. The parties acknowledge that they have filed separate income tax returns since the time of their separation. The parties agree that in the event it is determined that there is any future tax liability of the parties, which liability relates to any year the parties were married and filed jointly, then in such event, the parties will contribute to the payment of such liability in proportion to their respective incomes for the year to which such liability pertains. The parties hereto agree to retain all tax returns pertaining to the years of their marriage for a period of five (5) years after the date of this Agreement. 14. CUSTODY AND CHILD SUPPORT. The parties agree that matters of child support and custody of their two sons will be or have been resolved outside of the terms of this Agreement. 15. GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does hereby remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done by such other party prior to the date hereof, except that this release shall in no way exonerate or discharge either party from the obligations and promises made or imposed by reason of this Agreement. 16. SURVIVAL OF AGREEMENT. It is the intention of the parties that this Post- Nuptial Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the Pennsylvania Divorce Code. The parties agree to incorporate this Agreement into a separate order of court to be entered in the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce. 17. COOPERATION. The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect the purposes and intention of this Post- Nuptial Agreement. 18. BREACH, INDEMNIFICATION. If either party hereto breaches any provision hereof, then the nonbreaching party shall have the right, at his or her election, to sue for damages for said breach, or seek such other remedies or relief as may be available to him or her, and the defaulting party shall be responsible for payment of all reasonable legal fees and costs incurred by the other party in enforcing his or her rights under this Agreement. Each party agrees and covenants to indemnify and hold harmless the other party from any and all liability and/or claims and/or damages and/or expenses (including attorneys' fees and expenses of litigation) that the indemnitee may sustain or may become liable or answerable in any way whatsoever, or shall pay upon, or in the consequence of, the indemnitor's breach of any obligation, term or covenant of indemnitor under this Agreement, including, but not limited to, indemnitor's obligation to make any payment provided for herein. 19. VOLUNTARY EXECUTION. The parties declare and acknowledge that they have had the opportunity to have the provisions of this Post-Nuptial Agreement and their legal effect explained to them by independent counsel of their choosing and each party acknowledges that this Post-Nuptial Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information 9 relating to the financial affairs of the other to the extent same has been requested by each of them. 20. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. The parties acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to the Pennsylvania Divorce Code or any amendments thereto. Each party voluntarily and intelligently waives and relinquishes any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 21. WAIVER/MODIFICATION. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. This Agreement can only be modified in writing executed by both parties hereto. 22. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the Commonwealth of Pennsylvania. 23. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement 10 have been used only for the purpose of convenience and shall not be resorted to for the purposes of interpretation or construction of the text of this Agreement. 24. EFFECTIVE DATE. This Agreement shall be dated and become effective on the date when executed by the latter of the two parties. IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals intending to legally bind themselves and their respective heirs, personal representatives and assigns. WITNESSED BY: Z,/ 4" Ael"". I d4y=e -) (SEAL) Terry Jo e ger 4?44A ) . (SEAL) Gregory nninger 11 TERRY JO RENNINGER, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA GREGORY S. RENNINGER, Defendant NO. 04-4506 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this day of , 2008, based upon the Post- Nuptial Agreement between the parties dated [ ], 2008, we hereby find as follows: A. The parties hereto were formerly husband and wife and were divorced by a final Decree In Divorce entered by this Court in the above-captioned action on [ ]. B. Among the marital assets owned by the parties was the Plaintiff s interest in a plan known as the Exel Retirement Saving Plan, a 401(K) plan held by Fidelity Investments identified as account No. 198-54-0978. C. The Plaintiff, Terry Jo Renninger, was, during the parties' marriage, a participant in said Plan and accrued certain rights and benefits in the Plan. Plaintiff Terry Jo Renninger is hereinafter referred to as the "Participant". D. The parties' Post-Nuptial Agreement (the "Agreement") dated [ ], provided, inter alia, for a division of Plaintiffs retirement account in the Plan and a transfer of an interest therein to a qualified account established by Defendant. E. Pursuant to the Agreement, Defendant Gregory S. Renninger is to be an Alternate Payee of a portion of Participant's account in the Plan. F. The parties require a Qualified Domestic Relations Order to implement properly the terms of the Agreement with respect to the division of Plaintiffs interest in the Plan. EXHIBIT A NOW THEREFORE, based upon the above findings, the parties' Agreement and the Domestic Relations Law of the Commonwealth of Pennsylvania and to implement the terms and provisions of the Agreement, it is hereby ORDERED, DECREED and DIRECTED as follows: 1. As used in this Order, the following terms shall apply: (a) Participant shall mean: Terry Jo Renninger Participant's current address is: 37 Green Hill Road, Mechanicsburg, PA 17050 Participant was born on: February 18, 1963 Participant's Social Security Number is: 198-54-0978 (b) Alternate Payee shall mean: Gregory S. Renninger Alternate Payee's current address is: 1342 Mercury Drive Mechanicsburg, PA 17050 Alternate Payee was born on: November 27, 1960 Alternate Payee's Social Security Number is: 165-54-4466 (c) Plan shall mean Excel Retirement Savings Plan (d) Plan Administrator shall mean Exel Holdings (USA) Inc. 2. This Order relates to marital property rights. 3. The Alternate Payee is the former spouse of the Participant. 4. With respect to marital property, the Participant and Alternate Payee were considered married for federal income tax purposes. 5. The Alternate Payee and Participant were married on May 18, 1996. 6. The Alternate Payee and Participant were legally divorced on [ ], 2008. 7. The Valuation Date shall be the date of this Order. 8. The Alternate Payee's interest in the Plan shall be $35,000.00 of the Participant's total vested account balance under the Plan as of the Valuation Date. 9. The Alternate Payee's award is not entitled to earnings (dividends, interest, gains and losses) from the Valuation Date to the date the award is segregated from the Participant's 2 account. From and after the date of segregation the Alternate Payee's award shall be held in an account under the Plan and shall be subject to all earnings attributable to the investments thereon. 10. In the event there is an outstanding loan balance as of the Valuation Date, loan balance will not be included for purposes of calculating the account balance to be divided. The Alternate Payee's award will be paid from the non-loan assets in the Participant's account on the date the award is segregated from the Participant's account. 11. The Alternate Payee's award will be paid proportionately from all investment options as of the date of account segregation. 12. The Alternate Payee's interest in the Plan shall be payable to the Alternate Payee in a lump sum distribution as soon as administratively feasible following the date that the Order is determined to be a QDRO. The Alternate Payee shall initiate the distribution in accordance with the terms of the Plan and the administrative procedures that have been established by the Plan Administrator. The amount distributed to the Alternate Payee will be based on the value of the Alternate Payee's account on the date the distribution is processed. 13. To the extent allowed by the Plan, all beneficiary designations will be made after qualification of the Order and segregation of a separate account for the Alternate Payee pursuant to the administrative procedures established for the Plan. 14. The parties will cause an original court certified true copy of this Order to be served on the Plan Administrator's agent, Fidelity Employer Services Company, LLC forthwith. This Order shall remain in effect until further Order of this Court. 15. After Alternate Payee's interest in the Plan has been paid to Alternate Payee in a lump sum distribution, in accordance with the parties' Post-Nuptial Agreement, Alternate Payee shall not withdraw any funds from his qualified account until payment is made to Participant in the amount of $18,000.00, unless such withdrawal is made for purposes of paying $18,000.00 to Participant with the funds withdrawn. 16. Upon Alternate Payee's interest in the Plan being segregated from Participant's account, it shall be subject to the lien and claim of Participant in the amount of $18,000.00 which claim and lien shall automatically released and terminated upon payment by Alternate Payee to Participant of $18,000.00 as described above. 17. Nothing contained in this Order shall be construed to require any Plan or Plan Administrator to provide the Alternate Payee any type or form of benefit or option otherwise available under the Plan, to provide the Alternate Payee increased benefits (determined on the basis of actuarial value) not available to the Participant, or to pay any benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another Order which has been determined to be a QDRO before this Order is determined to be a QDRO. 18. Neither party shall accept any benefits from the Plan which are the property of the other party. In the event the Plan Administrator inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, Participant shall forthwith return such benefits to the Plan. In the event that the Plan Administrator inadvertently pays to the Alternate Payee any benefits that are not assigned to the Alternate Payee pursuant to the terms of this Order, the Alternate Payee shall forthwith return such benefits to the Plan. 19. The Plan and its sponsor and fiduciary shall not be responsible for any attomey's fees incurred by the Participant or the Alternate Payee in connection with obtaining, modifying and enforcing this Order. For purposes of Sections 402 and 72 of the Internal Revenue Code, any Alternate Payee who is the spouse or the former spouse of the Participant will be treated as the distributee of any distributions or payments made to the Alternate Payee under the terms of this 4 Order and as such, will be required to pay the appropriate federal and/or estate income taxes on such distribution. 20. This Court shall retain jurisdiction over this matter to amend this Order if necessary in order to establish and/or maintain its status as a Qualified Domestic Relations Order. BY THE COURT: J. Attorney for Plaintiff/Participant: Keith O. Brenneman, Esquire Snelbaker & Brenneman, P. C 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorney for Defendant/Alternate Payee: Joseph D. Caraciolo, Esquire Foreman & Foreman, P. C. 6`h Floor, Veterans Building 112 Market Street Harrisburg, PA 17101-2105 (717) 236-9391 5 ' I CO r? J v s F CJ Fn TERRY JO RENNINGER, Plaintiff VS. GREGORY S. RENNINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 4506 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this ij-(jday of .J , 2008, the economic claims raised in the proceedings having been resolved in accordance with a post-nuptial agreement dated January 30, 2008, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. cc: ? Keith 0. Brenneman Attorney for Plaintiff W-/Joseph D. Caraciolo Attorney for Defendant BY THE COURT, „1 G Edgar B. Bayley, P.J. L'Of its r-A-V 1 &4 a? iz1os a- cc 7 C_1 Cl_ C%i ?„ y " ra'3 ECLLJ C13 LA- ?C r Cl. d N TERRY JO RENNINGER, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA GREGORY S. RENNINGER, Defendant NO. 04-4506 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: Prothonotary of Cumberland County: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Code. 2. Date and manner of service of Complaint: September 9, 2004 on Defendants counsel (see Acceptance of Service filed herewith). 3. Date of execution of the Affidavit of Consent required by Section 3301(c) o f the Divorce Code: by the Plaintiff. January 14, 2008; by the Defendant: January 30, 2008 4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the P aintiff. January 14, 2008; by the Defendant: January 30, 2008. 5. Related pending claims: None. SNELBAKER & BRENNEMAN, P. C. Date: 1?cA?vrtti 7, ZOOS( By: Attorneys for Plaintiff LAW OFFICES SNELBAKER & BRENNEMAN, P.C. , - ? ? ?_,,t r. ?y ?.?-, ? . ?? "" , ? ? ?:_ -c1 -?} ? ; . _. ?.A IN THE COURT OF COMMON PLEAS 6?? ).a v_-_, IT IS ORDERED AND AND NOW, TERRY JO RENNINGER, Plaintiff VERSUS GREGORY S. RENNINGER, Defendant N O. 2004-4506 CIVIL DECREE IN DIVORCE DECREED THAT AND OF CUMBERLAND COUNTY STATE OF PENNA. TERRY JO RENNINGER GREGORY S. RENNINGER ARE DIVORCED FROM THE BONDS OF MATRIMONY. , 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; None. The parties' Post-Nuptial Agreement dated January 30, 2008 is incorporated but not merged into thi e. ATTEST: J, PROTHONOTARY 2 ?`?? ?? ? i ? ? ?????? .? ?.?.: w 4 TERRY JO RENNINGER, V. Plaintiff RY S. RENNINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4506 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION TO APPROVE AND ISSUE QUALIFIED DOMESTIC RELATIONS ORDER This Motion to approve and issue Qualified Domestic Relations Order is submitted to this Court by Snelbaker & Brenneman, P. C., attorneys for Plaintiff Terry Jo Renninger as follows: 1. The parties to this action were formerly husband and wife and were divorced by final Decree in Divorce dated February 20, 2008. 2. The parties entered into a Post-Nuptial Agreement (the "Agreement") dated January 130, 2008, which Agreement provided, inter alia, for division of Plaintiffs retirement account in a 1plan known as the Exel Retirement Savings Plan. 3. The parties require a Qualified Domestic Relations Order to implement properly the terms of their Agreement with respect to the division of Plaintiffs interest in the Plan. 4. The parties and their counsel consent to and agree to this Motion being submitted to the Court for purposes of issuing the Qualified Domestic Relations Order as agreed to be issued pursuant to the terms of the parties' Agreement. 5. The Honorable E. Guido has previously issued orders in this Divorce Action, most recently the issuance of the Decree in Divorce dated February 20, 2008. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. WHEREFORE, Plaintiff requests that the. Qualified Domestic Relations Order which is attached to this Motion be issued by this Court. SNELBAKER & BRENNEMAN, P. C. BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Date: March 6, 2008 Attorneys for Plaintiff Terry Jo Renninger -2- LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, a true and correct copy of the foregoing Motion be served upon the person and in the indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Joseph D. Caraciolo, Esquire Foreman & Foreman, P. C. 6`" Floor, Veterans Building 112 Market Street Harrisburg, PA 17101-2015 SNELBAKER & BRENNEMAN, P.C. By: ( Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 3.18 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Terry Jo Renninger Date: March 6, 2008 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. v..Y TERRY JO RENNINGER, V. Plaintiff GREGORY S. RENNINGER, Defendant MAR 0 720p IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4506 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER 44-ANDNOW,this 10* day of T 1? ` , 2008, based upon the Post- Nuptial Agreement between the parties dated January 30, 2008, we hereby find as follows: A. The parties hereto were formerly husband and wife and were divorced by a final Decree In Divorce entered by this Court in the above-captioned action on February 20, 2008. B. Among the marital assets owned by the parties was the Plaintiffs interest in a plan known as the Exel Retirement Saving Plan, a 401-(K) plan held by Fidelity Investments identified as account No. 198-54-0978. C. The Plaintiff, Terry Jo Renninger, was, during the parties' marriage, a participant in said Plan and accrued certain rights and benefits in the Plan. Plaintiff Terry Jo Renninger is hereinafter referred to as the "Participant". D. The parties' Post-Nuptial Agreement (the "Agreement") dated January 30, 2008, provided, inter alia, for a division of Plaintiffs retirement account in the Plan and a transfer of an interest therein to a qualified account established by Defendant. E. Pursuant to the Agreement, Defendant Gregory S. Renninger is to be an Alternate Payee of a portion of Participant's account in the Plan. F. The parties require a Qualified Domestic Relations Order to implement properly the of the Agreement with respect to the division of Plaintiffs interest in the Plan. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 46 NOW THEREFORE, based upon the above findings, the parties' Agreement and the Domestic Relations Law of the Commonwealth of Pennsylvania and to implement the terms and provisions of the Agreement, it is hereby ORDERED, DECREED and DIRECTED as follows: 1. As used in this Order, the following terms shall apply: (a) Participant shall mean: Terry 3o Renninger Participant's current address is: 37 Green Hill Road, Mechanicsburg, PA 17050 Participant was born on: February 18, 1963 Participant's Social Security Number is: 198-54-0978 (b) Alternate Payee shall mean: Gregory S. Renninger Alternate Payee's current address is: 1342 Mercury Drive Mechanicsburg, PA 17050 Alternate Payee was born on: November 27, 1960 Alternate Payee's Social Security Number is: 165-54-4466 (c) Plan shall mean Excel Retirement Savings Plan (d) Plan Administrator shall mean Exel Holdings (USA) Inc. 2. This Order relates to marital property rights. 3. The Alternate Payee is the former spouse of the Participant. 4. With respect to marital property, the Participant and Alternate Payee were considered Imarried for federal income tax purposes. 5. The Alternate Payee and Participant were married on May 18, 1996. 6. The Alternate Payee and Participant were legally divorced on February 8, 2008. 7. The Valuation Date shall be the date of this Order. 8. The Alternate Payee's interest in the Plan shall be $35,000.00 of the Participant's total account balance under the Plan as of the Valuation Date. 9. The Alternate Payee's award is not entitled to earnings (dividends, interest, gains and LAW OFFICES SNELBAKER & BRENNEMAN, P.C. losses) from the Valuation Date to the date the award is segregated from the Participant's 2 account. From and after the date of segregation the Alternate Payee's award shall be held in an account under the Plan and shall be subject to all earnings attributable to the investments thereon. 10. In the event there is an outstanding loan balance as of the Valuation Date, loan balance will not be included for purposes of calculating the account balance to be divided. The Alternate Payee's award will be paid from the non-loan assets in the Participant's account on the date the award is segregated from the Participant's account. 11. The Alternate Payee's award will be paid proportionately from all investment options as of the date of account segregation. 12. The Alternate Payee's interest in the Plan shall be payable to the Alternate Payee in a lump sum distribution as soon as administratively feasible following the date that the Order is determined to be a QDRO. The Alternate Payee shall initiate the distribution in accordance with the terms of the Plan and the administrative procedures that have been established by the Plan Administrator. The amount distributed to the Alternate Payee will be based on the value of the Alternate Payee's account on the date the distribution is processed. 13. To the extent allowed by the Plan, all beneficiary designations will be made after qualification of the Order and segregation of a separate account for the Alternate Payee pursuant to the administrative procedures established for the Plan. 14. The parties will cause an original court certified true copy of this Order to be served on the Plan Administrator's agent, Fidelity Employer Services Company, LLC forthwith. This Order shall remain in effect until further Order of this Court. 15. After Alternate Payee's interest in the Plan has been paid to Alternate Payee in a lump sum distribution, in accordance with the parties' Post-Nuptial Agreement, Alternate Payee LAW::-I:ES shall not withdraw any funds from his qualified account until payment is made to Participant in SNELBAKR a BRENNEMAN, P.C. amount of $18,000.00, unless such withdrawal is made for purposes of paying $18,000.00 to Participant with the funds withdrawn. 16. Upon Alternate Payee's interest in the Plan being segregated from Participant's account, it shall be subject 'to the lien and claim of Participant in the amount of $18,000.00 which claim and lien shall automatically released and terminated upon payment by Alternate Payee to articipant of $18,000.00 as described above. 17. Nothing contained in this Order shall be construed to require any Plan or Plan strator to provide the Alternate Payee any type or form of benefit or option otherwise available under the Plan, to provide the Alternate Payee increased benefits (determined on the basis of actuarial value) not available to the Participant, or to pay any benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another Order which has been determined to be a QDRO before this Order is determined to be a QDRO. 18. Neither party shall accept any benefits from the Plan which are the property of the other party. In the event the Plan Administrator inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, Participant shall forthwith return such benefits to the Plan. In the event that the Plan Administrator inadvertently pays to the Alternate Payee any benefits that are not assigned to the Alternate Payee pursuant to the terms of this Order, the Alternate Payee shall forthwith return such benefits to the Plan. 19. The Plan and its sponsor and fiduciary shall not be responsible for any attorney's fees incurred by the Participant or the Alternate Payee in connection with obtaining, modifying and this Order. For purposes of Sections 402 and 72 of the Internal Revenue Code, any Payee who is the spouse or the former spouse of the Participant will be treated as the LAW OFFICES SNELBAKER & BRENNEMAN, P.C. butee of any distributions or payments made to the Alternate Payee under the terms of this 4 (Order and as such, will be required to pay the appropriate federal and/or estate income taxes on I such distribution. 20. This Court shall retain jurisdiction over this matter to amend this Order if necessary in order to establish and/or maintain its status as a Qualified Domestic Relations Order. J. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Attorney for Plaintiff/Participant: Keith O. Brenneman, Esquire Snelbaker & Brenneman, P. C. 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Gor i'es nr. AccL- Attorney for Defendant/Alternate Payee: ZJoseph D. Caraciolo, Esquire Foreman & Foreman, P. C. 6th Floor, Veterans Building 112 Market Street Harrisburg, PA 17101-2105 (717) 236-9391 5 All Nner; 01 0 :6 WV I I SVW Boaz -jHi JO RRY JO RENNINGER, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA REGORY S. RENNINGER, Defendant NO. 04-4506 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION TO AMEND QUALIFIED DOMESTIC RELATIONS ORDER Terry Jo Renninger, now Terry Jo Nailor, by her attorneys, Snelbaker & Brenneman, C. submits this Motion to Amend Qualified Domestic Relations Order and in support thereof states the following: 1. This Court issued a Qualified Domestic Relations Order dated March 10, 2008 with spect to the division and disposition of Plaintiffs Exel Retirement Savings Plan. A true and copy of the Qualified Domestic Relations Order dated March 10, 2008 is attached hereto incorporated by reference herein as "Exhibit A". 2. Fidelity Investments, the agent for the Plan Administrator of the retirement savings Ian, has rejected the March 10, 2008 Qualified Domestic Relations Order as not being qualified due to the content of Paragraphs 15 and 16 of the March 10, 2008 Qualified Domestic Relations Order. 3. The parties desire to amend the Court's Qualified Domestic Relations Order dated 10, 2008 by omitting therefrom Paragraphs 15 and 16. 4. Joseph D. Caraciolo, Esquire, attorney for Defendant/Alternate Payee Scott ger, consents to the submission of this Motion and the relief requested therein. LAW OFFICES SNELBAKER & BRENNEMAN. P.C. 5. This matter has been previously assigned to the Honorable Edward E. Guido who ssued the March 10, 2008 Qualified Domestic Relations Order. WHEREFORE, Plaintiff requests this Court to issue an Order amending the March 10, 8 Qualified Domestic Relations Order by omitting Paragraphs 15 and 16 therefrom. SNELBAKER & BRENNEMAN, P. C. BY. Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 May 30, 2008 Attorneys for Plaintiff Terry Jo Renninger LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 2 ¦ j I ERRY JO RENNINGER, v. Plaintiff GREGORY S. RENNINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY; PENNSYLy%ANiA NO. 04-4506 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this' day of ?003 based upon the Post- (Nuptial Agreement between the parties dated January 30, 2008, we hereby find as follov,Is: i A. The parties hereto were formerly husband and wife and were divorced by a final Decree In Divorce entered by this Court in the above-captioned action on February 20, 2008. I B. Among the marital assets owned by the parties was the Plaintiffs interest in a plan mown as the Exel Retirement Saving Plan.. a 40 1-(K) plan held by Fidelity Invesrtments identified is account No. 193-54-0978. C. The Plaintiff, Teizy Jo Renninger, was, during- the parties' marria?ae. a participant iii !said Plan and accrued ce:nain rights and benefjts in the. Plan. Plaintiff Terry Jo R°nningtr is Illereinafter referred to as the "Participant". D. The parties' Post-Nuptial. Agreement (the "Agreement" ) dated January 30, 2003, provided, inter aiia, for a division of Plaintiffs retirement account in the Plan and a transfe_- of a,-, Mteres-- therein to a qualified account estabiished by Defendant. E. Pursuant to the Agreement, Defendant Gregory S. Renninger is to be an Aittil-m _ 'ayee of a pot Lion of Participant's account in the Plan. F. The parties require a Qualified Domestic Relations Order to implement properly tht ?Aw/ OFFICES jNELSAKER & =P,ENNEMAN, P,C. terms of the Agreement with respect to the division of Plaintiff s interest in the Plan. EXHIBIT A NOW THEREFORE, based upon the above findi=s. the parties' A_?rreen ent and the Domestic Relations Lav,,- of the Comm onvvtalth of Pennsylvania and to impleme.aat the teams anc. provisions of the Agreement. it is hereby ORDERED, DECREED and DiRECTID as follo;vs: 1, As used in this Order, the. following terms shall apply: (a) Participant shall mean: Terrv Jo Renninger Participant's current address is: 1-7 Green Hill Road, 1v2echanicsburg, PA 17050 Participant was born on: February 18, 1963 Participant's Social Security Number is: 19S-54-0975 (b) Alternate Payee shall mean: Gregory S. Renninger Alternate Payee's current address is: !')42 Mercury Drive Mechanicsburg, PA 1-705() Alternate Payee was born on: November 27.. 1960 Alternate Pavee's Social Security Number is: 165-54-4466 (c) Plan shall mean Excel Retirement Savings Plan (d) Plan Adininistrator shall mean Exel Holdin,os (LISA) T nc. I This Order relates to marital property rights. ?. The Alternate Pave,- is the former spouse of the Participant. 4. With respect to marital property, the Participant and Alternate Payee «,°re considered marled for federal income tax purposes. 5. The Alternate Payee and Participant «vere married on Mav 18.1 1996, 6. The Alternate. Payee and Participant were legally divorced on February 8, 2008. 7. The Valuation Date shall be the date of this Order. S. The Alternate Payee's interest in the Plan shall be S X5,000.00 of the Participant's total vested account balance under the Plan as of the Valuation Date. 9. The Alternate Payee's award is not entitled to earnings (dividends, interest, gains and LAW or=ICES SNELBAKER 5RENNEMAN, P.:, losses) from the Valuation Date to the date the aNvard is segregated from the Participant's 7 i account. From and after the date of segregation the Alternate Pavee's a«vard shall be t1„'e 1d ..: ?.?, iaccount under the Plan and shall be stubject to all earnings attributable to the ins -st_71e1, s t'r °reon. 10. In the event there is an outstandinc, loan balance as of the Valuation €€`7ate, loan o< balance will not be included for purposes of calcu-lazing the account balance to b e divided. The Alternate Payee's award will be paid from the non-loan assets in the Participant'., accour.. or th° date the award is segregated from the Participant's account. 11. The Alternate. Payee's award will be paid proportionately from all inwestme.nt o'71113ns as of the date of account segregation. 12. The Alternate Payee's interest in the. Plan shall be payable to the Alte=rnate Pave in a lump sum distribution as soon as administratively feasible following the date tHa.rt the Order is determined to be a QDRO. The Alternate Payee shall- initiate the distribution in accordance vvith the terms of the Plan and the administrative procedures that have been established by the Plan I Administrator. The amount distributed to the Alternate Pa.vee will be based on the value of I- Alternate Pavee's account on the date the distribution is processed. 13 . To the extent allowed by the Plan; all beneficiar.>> designations will be made afze:, qualification of the Order and segregation of a separate account for the :4lttrnate Payee pursuant to the administrative procedures established for the Plan. 14. The parties will cause an original 00U.1-t certified true copy of this Omer to be ser; ed ion the Plan .,kd-ninis'rator's agent, Fidelity Empiover Ser<<ices Company, LLC fozthwitr. Thi Order shall remain in effect until further Order of this Court. 1 After Alternate Payee's interest in the Plan has been paid to Alternate Payee in a . , _AW Or FILES Sn=LEAKER EX _ NNEMAN, P.C. -E lump sum distribution, in accordance with tine par ties' Post-Nuptial Agreement. P,lternate PaN??e shat: not withdraw any funds from his qualified account until payment is ..jade to Participant in 3 Ithe amount of S 1 U00.00. unless such withdrawal is made for purposes of payinS 15.000.0;! --> Panicinant with the funds withdra«m, 16. Upon Alternate Payee's interest in the Plan being segregated from Participant's account, it shall be subject to the lien-and claim of Participant in the amount of $ 15.000.00 claim and lien shall automaticall; released and terminated upon payment by Alt!=ate Pavee to Pal-ticipant of Sll 5.000.00 as described above. 17. Nothing contained in this Order shat' be construed to require any Plate, or Plar. ]Administrator to provide the Alternate Payee any type or form of benefit or option otherv?ise lavaiiable under the Plan, to provide- the Alternate Payee increased benefits (d.eteranined or the !basis of actuarial value] not available to the Participant, or to pay any benefits to the Alter _ate Tavee that are required to be paid to another Alternate Payee under another Order which has been determined to bt a' )DRO before this Order is determined to be a QDRO. 18. Neither party shall accept any benefits from the. Plan which are the m_ operty of the. other party. In the, event the Plan Administrator inadezfientl?T pays to the Participant any bennefrts that are assigned to the Alternate Payee pursuant to the terms of this Order. Participant shall !forthwith return such benefits to the Plan. In the event that the Plan Administrator inadvertently I pays to the Alternate Payee any benefits that are not assigned to the Alternate Pavte nuysua Io ?I the. terms of this Order, the Alternate Payee shall forthwith return such benefits to the Plar:. 19. The Plan and its sponsor and fiduciarV small not be responsible for ar-iy attoriev's fees LAW OFFICES SNELBAXER & E5RENNEMAN, P.C. incurred by the. Participant or the Alternate Pavee in connection with obtainincz, riiodifyin-n' and enforcin- this Order. For purposes of Sections 402 and 72 of the Internal Revenue Code, any Alternate Payee -who is the spouse. or the former spouse of the Participant will be treated as the distributes of any distributions or payments made to the Alternate. Payee under tile. terms o_ ,--Ifs 4 it Order and as such, will be required to pay the appropriate federal and/or estate ii-1come taxes on such distribution. 20. This Court shall retain jurisdiction over this natter to amend this Order if n,.::essa.-y n order to establish and/or maintain its status as a Qualified Domestic Relations Order BY THE CO =RENNEMAN, tto:n.e?` for Plaintiff/Participant: LAW oFF7cE= jNELBAKEP. Keith O. Bre.imeman. Esquire >neibai:er & Brenneman. P. C 4 W. Main Street ?IechanicsburL, PA 17055 Anornev for Defendant/Alternate Payee Joseph D. Caracloio,,, Esquire Foreman & Foreman. P. C. 6"' Floor. Veterans Building l 12 Market Street Harrisburg. PA 17101-210 i71 2-Q6-G 391 CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, a true and correct copy of the foregoing Motion to be served upon the persons and in the indicated below: FIRST CLASS MAIL POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Joseph D. Caraciolo, Esquire Foreman & Foreman, P. C. 6t" Floor, Veterans Building 112 Market Street Harrisburg, PA 17101-2015 By: May 30, 2008 SNELBAKER & BRENNEMAN, P.C. 11M, Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Terry Jo Renninger LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 3 JUN 0 32008 Y JO RENNINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-4506 CIVIL TERM IrORY S. RENNINGER, Defendant CIVIL ACTION -LAW IN DIVORCE ORDER AMENDING QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this 4AV day of , 2008, upon consideration of the )n to Amend Qualified Domestic Relations Order dated March 10, 2008, it is hereby ERED that this Court's Qualified Domestic Relations Order dated March 10, 2008 is hereby .ded by deleting therefrom Paragraphs 15 and 16. In all other respects, the Qualified estic Relations Order dated March 10, 2008 as amended hereby shall remain in full force effect. This Court shall retain jurisdiction over this matter to amend this Order as necessary in to establish and/or maintain its status as a Qualified Domestic Relations Order. J. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. pt, I-n IItty _ A M ?r1i_f ? ? Jo