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HomeMy WebLinkAbout04-4571TINA A. RENNINGER Plaintiff V. GARY RENNINGER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004 - J(57( CIVIL TERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may 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 g round f or t he d ivorce i s i ndignities o n rretrievable b reakdown o f t he marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 72897 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 TINA A. ] Plaintiff V. GARY RENNINGER Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004 -,g911 CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE AND NOW, COMES, the above-named Plaintiff by and through her attorney Scott A. Stein, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff is an adult individual residing at 1341 Finer Blvd., Carlisle, Cumberland County, Pennsylvania and is a citizen of the United States. 2. Defendant is an adult individual residing at 203 C. Maulberry Drive, Mechanicsburg, Cumberland County, Pennsylvania and is a citizen of the United States. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for 41 years and has resided continuously therein for at least six months prior to filing of this Complaint. 4. Defendant has been a resident of the Commonwealth of Pennsylvania for 49 years and has resided continuously therein for at least six months prior to filing of this Complaint. 5. Plaintiff and Defendant were married on September 27, 1986, in Cumberland County, Pennsylvania. 6. There are three (3) children of the parties under the age of eighteen (18): Erin Lynn Renninger May 9,1989 Paige Marie Renninger December 11, 1990 Lydya Jane Renninger October 11, 1993 COUNT I - DIVORCE 7. Plaintiff hereby incorporates by reference averments 1 through 6 of this Complaint as if each averment were set forth fully hereunder. 8. There has been no prior action for divorce by either party against the other. 9. Neither Plaintiff nor Defendant is in the Armed Forces of the United States or any of its allies. 10. Plaintiff avers that the marriage between the parties is irretrievably broken. 11. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling, but does not request the same. 12. Plaintiff and Defendant have property which will be subject to a property settlement agreement addressing support issues, which will be filed herein at the appropriate time. WHEREFORE, Plaintiff, TINA A. RENNINGER, prays that a decree be entered in favor of the Plaintiff and against Defendant as follows: A. That a decree in divorce be entered dissolving the marriage between the two parties. COUNT II: DIVORCE - EOUITABLE DISTRIBUTION 13. Plaintiff hereby incorporates by reference averments 1 through 12 of this Complaint as if each averment were set forth fully hereunder. 14. Plaintiff and Defendant have acquired property, both real and personal, during the course of their marriage. 15. The parties h ave a lso a squired h ome f urnishings, m otor v ehicles, b ank a ccounts, retirement accounts, investments and miscellaneous items of personal property. 16. Thus far plaintiff and defendant have been unable to agree as to an equitable distribution of said property, therefore Plaintiff requests the equitable distribution of said marital property. WHEREFORE, Plaintiff, TINA A. RENNINGER, prays that a decree be entered in favor of the Plaintiff and against Defendant as follows: A. That a decree be entered granting equitable distribution of marital property. COUNT III: ALIMONY PENDENTE LITE, ALIMONY, COUNSEL FEES AND COSTS 17. Plaintiff hereby incorporates by reference averments 1 through 16 of this Complaint as if each averment were set forth fully hereunder. 18. Plaintiff is without sufficient resources so as to pay for her reasonable needs, counsel fees and costs of these proceedings. WHEREFORE, Plaintiff requests this Honorable Court to award Plaintiff alimony in an amount sufficient to meet her reasonable needs, counsel fees and costs. COUNTIV-CUSTODY 19. Plaintiff hereby incorporates by reference averments 1 through 16 of this Complaint as if each averment were set forth fully hereunder. 20. Plaintiff is TINA A. RENNINGER residing at 1341 Finer Blvd., Carlisle, Cumberland County, Pennsylvania. 21. Defendant is GARY RENNINGER residing at 203 C. Maulberry Drive, Mechanicsburg, Cumberland County, Pennsylvania. 22. Plaintiff seeks custody of the following children: Name Present Residence DOB Erin Lynn Renninger 1341 Finer Blvd., Carlisle, PA May 9,1989 Paige Marie Renninger 1341 Finer Blvd., Carlisle, PA December 11, 1990 Lydya Jane Renninger 1341 Finer Blvd., Carlisle, PA October 11, 1993 23. The children were not born out of wedlock. 24. The children are presently in the custody of the Plaintiff, who reside at, 1341 Finer Blvd., Carlisle, Cumberland County, Pennsylvania. 25. In the last five years the children have resided with the following persons and at the following address: Name Address Dates Plaintiff/Defendant 1341 Finer Blvd., Carlisle, PA From Birth to Present 26. The Defendant, the father of the children, is residing at 203 C. Maulberry Drive, Mechanicsburg, Cumberland County, Pennsylvania. He is married. 27. The Defendant currently resides with the following persons: Name Relationship None 28. The Plaintiff, the mother of the children, is residing at 1341 Kiner Blvd., Carlisle, Cumberland County, Pennsylvania. She is married. 29. The Plaintiff currently resides with the following persons Name Relationship Erin Lynn Renninger Daughter Paige Marie Renninger Daughter Lydya Jane Renninger Daughter 30. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. The court, term and number, and its relationship to this action is: NONE 31. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. The court, term and number, and its relationship to this action is: NONE 32. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation right with respect to the child. The name and address of such person is: NONE 33. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff has been the primary caretaker of the children since birth. 34. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim NONE WHEREFORE, Plaintiff requests this Honorable Court to order that the parties: Respecctfullysubmitted, e -.1 *7 zti La w Offices of Scott A. Stein, P.C. 3800 Market Street Camp Hill, PA 17011 Date: ?j?30)0 (717) 591-1755 SCOTT A. STEIN, ESQUIRE Attorney for Plaintiff PA Supreme Court ID: 72897 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 TINA A. RENNINGER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW GARY RENNINGER NO. 2004 - CIVIL TERM Defendant IN DIVORCE VERIFICATION I, TINA A. RENNINGER verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: "l 1 Q X?Uxel -1 / TINA A. RENNINGER r (a?i p ono ?, ? ti rJ G' TINA A. RENNINGER Plaintiff V. GARY RENNINGER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004 - #S"7I CIVIL TERM IN DIVORCE AND NOW, COMES, the parties in the above-captioned matter, to wit, Tina A. Renninger, represented by Scott A. Stein, Esquire and Gary Renmrger, Pro Se, and request that the attached Order of Court be entered by the Court, by stipulation of 4he parties. NOW, THEREFORE, the parties hereto, each intending to be legally bound hereby, place their seal: TINA A. RENNINGER GARY RE NGER jo aooy _ Date: '? v Date: Witness for INA A. RENNINGER Witness for GOY RENNINGER l 30) U`{ Date: 3? 7 Date: co i'I SEP 1 4 20046 TINA A. RENNINGER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW GARY RENNINGER NO. 2004 - 451/ CIVIL TERM Defendant IN DIVORCE CUSTODY ORDER AND NOW, this - L10 day of 2004, upon consideration of the within Stipulated Custody Agreement, IT IS HEREBY ORDERED AND DECREED THAT: 1. The parties shall share legal and physical custody of the parties' minor children; Erin Lynn Renninger; born May 9, 1989, Paige Marie Renninger; born December 11, 1990; and Lydya Jane Renninger; born October 11, 1993. 2. The Father and Mother shall have shared legal custody of the children, and Mother shall have primary physical custody of the children, with Father having visitation, as the parties mutually agree. 3. The parties shall alternate custody of the children on the following holidays: Fourth of July, Labor Day, Thanksgiving, Easter, and Memorial Day. These holiday visits shall commence at 8:00 a.m. and end at 4:00 p.m. that same day. a) The preceding holiday schedule may be modified as the parties mutually agree. 4. Christmas visitation shall be mutually decided between the parties. 5. Holiday periods of custody shall take precedence over all other scheduled periods of custody. 6. Irrespective to the foregoing, Father's Day shall be with Father, and Mother's Day shall be with Mother. 7. Both parents shall permit reasonable telephone access to the child while the children are in his or her custody. 8. The parents are encouraged to accommodate the reasonable requests of the other parent for alternations of any agreed upon schedule, as the circumstances and best interests of the child require. 9. Each party shall be responsible to provide transportation for their periods of visitation. 10. The pick up and delivery time of the children shall be mutually decided between the parties. 11. If either party hereto breaches any of the provisions of this Agreement, the other party shall have the right to bring any actions or actions in law or equity for such breach. 12. Neither party shall do anything which may estrange the Children from the other, or injure the opinion of the Children as to the other party, or which may hamper the free and natural development of the Children's love or affection for the other party. 13. Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 14. The parties desire that this Stipulation and Agreement be made an order of Court to the Court of Common Pleas of Cumberland County does, in fact have jurisdiction over the issue of custody of the parties' minor Children and shall retain such jurisdiction should circumstances change and either party desire or require modification of said Order. 15. The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. 16. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. ?*eter J. Russo, Esquire ary Renninger, Pro Se op e n, Oq-/?-U LLa O_ ,Il J Ll 'L N U SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 72897 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorney for Plaintiff TINA A. RENNINGER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW GARY RENNINGER NO. 2004 - 4571 CIVIL TERM Defendant IN DIVORCE PROOF OF SERVICE OF PLAINTIFF'S COMPLAINT UPON DEFENDANT AND NOW, COMES, Scott A. Stein, Attorney for Plaintiff, TINA A. RENNINGER, and certifies that on September 14, 2004 he did serve the Defendant, GARY RENNINGER with a true and correct copy of the Divorce Complaint filed against him alleging the parties' marriage was irretrievably broken under Section 3301(d) and Section 3301(c) of the Divorce Code. Said complaint was served upon the defendant by placing same in an envelope, return receipt requested and addressed to GARY BENNINGER at 203 C. Maulberry Drive, Mechanicsburg, Cumberland County, Pennsylvania. [ ] Service of Plaintiffs Complaint on the Defendant, GARY RENNINGER was effected on _ . A true and correct copy of the U. S. Postal Service Return Receipt is attached hereto and the original is affixed to the reverse of this document. [X] Service of Plaintiffs Complaint on the Defendant, GARY RENNINGER was effected on _ September 16, 2004 . A true and correct: copy of Defendant's Acknowledgment of Service is attached hereto and the original is affixed to this document. Date: September 21, 2004 Respectfully submitted, Z,r-?er Scott A. Stein SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 72897 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 TINA A. RENNINGER Plaintiff V. GARY RENNINGER Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004 - 4571 CIVIL TERM IN DIVORCE ACKNOWLEDGMENT OF SERVICE OF COMPLAINT IN DIVORCE UNDER SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE AND NOW, COMES, Defendant. GARY RENNINGER, and does hereby acknowledge that on the date indicated below he did receive a verified copy of a Complaint in Divorce filed against him in the above captioned case. ?I GARDATED: /®'? 2?0? N i ca JJI ?75 v A CD SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 72897 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorney for Plaintiff TINA A. RENNINGER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - ]LAW GARY RENNINGER NO. 2004 - 4571 CIVIL TERM Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Melissa M. Mehaffey, hereby certify that I am on this day serving a copy of the foregoing documents upon the person (s) and in the manner indicated below; Service by First-Class Mail, Postage Prepaid, Certified Mail # 7002 2410 0004 1005 2181 and Addressed as Follows: GARY RENNINGER 203 C. MAULBERRY DRIVE MECHANICSBURG, PA 17055 1_u r Melissa M. Mehaffey, 1 al Date: - m? r*e m- S. N 71s G ? 3s W n THE LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(ilcomcast.net TINA RENNINGER Plaintiff, vs. GARY RENNINGER Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2004-4571 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Shane B. Kope, Esquire, 4660 Trindle Road, Suite 201, Camp Hill, Pennsylvania 17011, on behalf of the Defendant, Gary Renninger, in connection with the above-captioned divorce action. Respectfully Submitted, BY: Ko , Esquire ID# 92207 4660 Trindle Road Suite 201 Camp Hill, PA 17011 (717) 761-7573 Date: February 23, 2006 THE LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(cilcomcast. net Attorney for Defendant TINA RENNINGER : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA vs. : NO. 2004-4571 GARY RENNINGER CIVIL ACTION - LAW Defendant. : IN DIVORCE CERTIFICATE OF SERVICE I, Shane B. Kope, do hereby certify that on this 23rd day of February, 2006, 1 served a true and correct copy of the foregoing Praecipe to Enter Appearance via regular U.S. First Class mail, postage prepaid, addressed as follows: Scott A. Stein, Esq. 3800 Market Street Camp Hill, PA 17011 THE LAW O ' SHANE B. KOPE q I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Attorney for Defendant ?? ` 1, _' TINA RENNINGER : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA Vs : No. 2004-4571 GARY RENNINGER Defendant PETITION FOR SPECIAL RELIEF TO ENFORCE CUSTODY ORDER AND NOW comes Plaintiff Tina Renninger by and through her attorney Susan K. Pickford, Esq. and requests this court to enforce the current custody order and order special relief pending hearing and sets forth the following in support thereof: 1. On or about August 30, 2004, a Stipulated Custody Agreement was signed by the parties and witnessed in the above captioned case providing for Mother to have primary physical custody of the three minor children. (See Attached "A") 2. On or about September 16, 2004, the Stipulation was made an Order of Court at the above captioned docket. (See Attached "B") 3. On or about December of 2005, the middle child, Paige Renninger, began to temporarily reside with Father due to his scheduling ability to handle a medical issue with that child. The other two children remained with Mother. 4. On or about July of 2006, in response to coercion and emotional duress brought about by Father, the three minor children decided to split their time evenly between Mother and Father for the remainder of the summer. 5. Father petitioned Domestic Relations for reduction in child support as a result of the new custody arrangement. 6. On or about August 27, 2006 the minor children desired to return to Mother's home as their primary residence for the duration of the school year. Upon hearing of this, Father engaged in fits of anger, emotional blackmail and further coercion toward the minor children in an attempt to retain the split custody arrangement. 7. No motions regarding custody are presently pending before this court. 8. Father is in violation of the current custody order in that he refuses to allow the children to return to Mother's home as their primary residence. WHEREFORE, Plaintiff/Petitioner respectfully requests this Honorable Court to enforce the current custody order and order the immediate return of the children to her as their primary custodian pending hearing on this matter or until further order of court. Respectfully submitted, SUSAN K. PIC ORD, 3344 Trindl oad Camp Hill, PA 17011 (717)612-1660 ID# 43093 ATTORNEY FOR Plaintiff/Petitioner Date: August 30, 2006 Verification I, Tina Renninger, verify that the statements made in this Petition 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. z, Yom- Q Tina Renninger DATE: August 30, 2006 2 Certificate of Service I, Susan K. Pickford, Esq., do hereby certify that a true and correct copy of the attached Petition for Special Relief to Enforce Custody Order was served upon the following on the date below and in the manner indicated. Shane Kope, Esq. 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 Attorney for Defendant Date: August 30, 2006 BY: A Sus K. Pickford, 3 n? ? ,.. "" • iV .? T7 °Q ? ? f..J .-'-., DC? ? r-.. W .L: - i ?? ? - ' ? ' If?? " L3 ?" ? ? C-1 --1 _?? ??. ? _ ..j d- TINA RENNINGER, PLAINTIFF V. GARY RENNINGER, DEFENDANT ORDER OF COURT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-4571 CIVIL TERM day of September, 2006, IT IS ORDERED that a hearing on the within petition for special relief shall be conducted at 9:30 a.m., Thursday, September 21, 2006, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Edgar B. Bayley, J. Susan Pickford, Esquire For Plaintiff Shane Kope, Esquire '4,p,.i4 q-01,64- For Defendant 4-1 :sal aj - ii4 LL - L.t._ . n J THE LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope kopelaw.com Attorney for Defendant TINA RENNINGER : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA vs. : No: 2004-4571 GARY RENNINGER : DOMESTIC RELATIONS SECTION Defendant. : CIVIL ACTION - CUSTODY/DIVORCE MOTION FOR CONTINUANCE AND NOW, comes the Defendant Gary Renninger by and through his Attorney Shane B. Kope, Esq. and files this Motion For Continuance and in support avers the following: 1. A Petition to Enforce Custody Order was filed in the above captioned matter with the Cumberland County Court of Common Pleas on September 6, 2006. 2. A Hearing on this Petition was scheduled before Judge Edgar B. Bayley, Jr., on September 21, 2006 at 9:30 A.M. at the Cumberland County Courthouse. 3. Defendant's Attorney did not receive a copy of this Petition until yesterday, September 20, 2006. 4. Defendant filed a Counter-Petition to Modify the Custody Order with his Response and needs time to prepare for the attendant Hearing. •dc 5. Defendant's Attorney respectfully requests that he be called to reschedule the Hearing at a time convenient to both the Defendant and the Court. 6. Plaintiff's Attorney has been contacted and does not object to a continuance in this matter. WHEREFORE, Defendant respectfully requests that the Hearing on the Petition to Enforce the Custody Order be continued. Respectfully Submitted, Date: September 20, 2006 THE LAW OFFICES OF SHANE B. KOPE I KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeAcomcast.net Attorney for Defendant TINA RENNINGER : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA vs. : NO. 2004-4571 GARY RENNINGER : CIVIL ACTION - LAW Defendant. : IN DIVORCE CERTIFICATE OF SERVICE I, Julie Wehnert, Paralegal do hereby certify that on this 20th day of February, 2006, 1 served a true and correct copy of the foregoing Motion for Continuance via facsimile addressed as follows: Shana Pugh, Esquire 2108 Market Street Camp Hill, PA 17011 717-763-4247 KOPE & ASSOCIATES, LLC By: _ C? Julie Paralegal 4660 Ia-hnert, ine Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 ? rn ?TJ Z4 - 1 4 r r. C THE LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(&-kopelaw.com TINA RENNINGER Plaintiff, vs. GARY RENNINGER Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : No: 2004-4571 DOMESTIC RELATIONS SECTION CIVIL ACTION - CUSTODY/DIVORCE RESPONSE AND COUNTER-PETITION TO MODIFY CUSTODY ORDER AND NOW comes Defendant Gary Renninger by and through his attorney Shane B. Kope, Esq. and requests the court deny the Petition to enforce the custody order and modify the custody order as follows: Response to Petition to Enforce Custody Order 1. Admitted. By way of further answer, said Agreement provided for Gary Renninger (hereinafter "Father") to have visitation of Erin Lynn Renninger, Paige Marie Renninger, and Lydya Jane Renninger (hereinafter the "children"). 2. Admitted. 3. Admitted in part; denied in part. The middle child, Paige Renninger, did in fact reside with Father due to his ability to treat her medical issue. It is denied that the other two children remained solely with Tina Renninger (hereinafter "Mother"). Specifically, the other two children continued to spend time with Father per the custody arrangement and outside of the custody arrangement. 4. Admitted in part; denied in part. It is admitted that the children decided to split their time evenly between Mother and Father. It is specifically denied that the parties' children made any decision as the result of action by Father. On the contrary, the children made that decision of their own free will. It is further denied that Father acted in any manner that would be considered consistent with coercion and emotional duress. 5. Admitted in part; denied in part. It is admitted Father petitioned Domestic Relations for a reduction in child support. It is specifically denied that he did so solely as result of the new custody arrangement. On the contrary, Father petitioned for a reduction in child support because Mother was now working full-time and had an increased income, the mortgage payment was not being credited in accordance with the manner of payment by the parties, and the custody arrangement had been altered at the children's request. 6. Denied. It is specifically denied that the children desired to return to Mother's home as their primary residence at this time. On the contrary, the children wanted to continue the de facto custody arrangement that had evolved during the summer. It is specifically denied that Father engaged in fits of anger, emotional blackmail and further coercion toward the children to this end. On the contrary, Father unequivocally expressed to the children that it was their choice if they wanted to continue with the split custody arrangement. Further, the children, being of 17, 15, and 12 years of age, unequivocally expressed their desire to continue splitting their time evenly between Mother and Father. 7. Agreed. By way of further answer, no motions regarding custody were pending at the time Plaintiff's Petition to Enforce Custody Order was filed. Enclosed with this Response is a Petition to Modify the Custody Order. 8. Denied. It is specifically denied that Father refuses to allow the children to return to Mother's home as their primary residence. On the contrary, it is the children's stated desire to continue splitting their time between Mother and Father evenly. The remainder of the allegations of this paragraph is a legal conclusion to which no answer is required. To the extent an answer may be appropriate, all allegations in this Paragraph are specifically denied. Counter-Petition to Modify Custody Order 9. Defendant incorporates paragraphs 1 through 8 above by reference, as though fully set forth at length herein. 10. Defendant is Gary Renninger residing at 203C Mulberry Drive, Mechanicsburg, Cumberland County, Pennsylvania. 11. Plaintiff is Tina Renninger residing at 1341 Kiner Boulevard, Carlisle, Cumberland County, Pennsylvania. 12. A Custody Order was entered by this Honorable Court on September 16, 2004, wherein the Mother and Father share legal and physical custody and the Mother has primary physical custody of the minor children. 13. Defendant was granted visitation both on a holiday schedule and as the parties' would mutually agree. 14. As previously admitted, the middle child, Paige Renninger, began to reside with the Father primarily in December of 2005. 15. By the summer of 2006, all three minor children were splitting their time evenly between Mother and Father. The children continue to split their time evenly between Mother and Father. 16. When the beginning of the school year neared, the Plaintiff ordered the children to return to her residence on a full-time basis. 17. The children expressed unequivocally that they desire to continue splitting their time between the parent's residences during the school year in an even manner. 18. Defendant seeks to modify the current Custody Order so that he has shared 50/50 legal and physical custody of the following children: NAME PRIMARY RESIDENCE UNDER ORDER AGE Erin Lynn Renninger 1341 Kiner Boulevard 17 Carlisle, PA Paige Marie Renninger 1341 Kiner Boulevard 15 Carlisle, PA Lydya Jane Renninger 1341 Kiner Boulevard 12 Carlisle, PA 19. Erin, Paige and Lydya (hereinafter the "children") were born in wedlock. 20. The children are presently residing with the Mother at 1341 Kiner Boulevard in Carlisle approximately 50% of the time. The children reside with the Father during the other 50% of the time. The address of this residence is 203C Mulberry Drive, Mechanicsburg, Cumberland County, PA. 21. During the past five years, the child has resided with the following persons and at the following addresses: PERSONS PRIMARY ADDRESS DATES Tina Renninger Gary Renninger Tina Renninger 1431 Kiner Boulevard Carlisle, PA 1431 Kiner Boulevard Carlisle, PA June 2004 - present Birth - June 2004 22. The mother of the children is Tina Renninger, currently residing at 1431 Kiner Boulevard, Carlisle, Cumberland County, Pennsylvania. 23. She is not married. 24. The father of the children is Gary Renninger, currently residing at 203C Mulberry Drive, Mechanicsburg, Cumberland County, Pennsylvania. 25. He is not married. 26. The relationship of Plaintiff to the children is that of Mother. 27. Plaintiff currently resides with the following persons: NAME RELATIONSHIP Erin Lynn Renninger Daughter Paige Marie Renninger Daughter Lydya Jane Renninger Daughter 28. The relationship of Defendant to the children is that of Father. 29. Other than the children, the Defendant currently resides with the following person: NAME RELATIONSHIP None 30. Defendant has participated as a party in previous litigation concerning the custody of the children. 31. Defendant does not know of a person not a party to the proceeding that has physical custody of the children or claims to have custody or visitation rights with respect to the children. 32. Defendant is requesting shared 50/50 legal and physical custody of the children. 33. The best interest and permanent welfare of the children will be served by granting the relief requested because: (a) The Defendant wants to have regular contact with his children and the Plaintiff seeks to prevent her children from continuing to spend half of their time with their father; (b) The children have expressed their desire to continue to spend their time equally between the parties. The Plaintiff seeks to prevent the children from doing so; (c) The mental and emotional well being of the children will be served if they continue to have contact with the Defendant in equal amounts as the Plaintiff, as they have elected to do during the summer; (d) Defendant is able to provide a stable home and emotional environment for the children; and (e) Defendant has the facilities to provide for the care, comfort and control of the children, as well as the intention and desire to do so. 34. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) Award Defendant shared 50/50 physical and legal custody of the children. Respectfully Submitted, TES, LLC By: '? Shane B. Kope, Dated: Z 0 /d G VERIFICATION I, Gary Renninger, the Petitioner in this matter, have read the foregoing Petition for Amendment of Custody Order. I verify that my averments in this Petition are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: Gary Re nger KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeAcomcast.net TINA RENNINGER Plaintiff, vs. GARY RENNINGER Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 2004-4571 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Julie Wehnert, Paralegal do hereby certify that on this 20th day of February, 2006, 1 served a true and correct copy of the foregoing Response and Counter-Petition to Modify Custody Order via facsimile, addressed as follows: Shana Pugh, Esquire 2108 Market Street Camp Hill, PA 17011 717-763-4247 IATES, LLC By: Ju+ehnert, Paralegal 46 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 ? . b; r M n M ! ?' ?. .{ Ln A SEP 2 0 2006 THE LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeC&_kopelaw.com Attorney for Defendant TINA RENNINGER : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA vs. : No: 2004-4571 GARY RENNINGER : DOMESTIC RELATIONS SECTION Defendant. : CIVIL ACTION - CUSTODY/DIVORCE ORDER AND NOW, this day of 2006, upon consideration of Defendant's Motion for Continuance, the Motion is granted and the hearing in the matter is continued until the day of A 2006 at J -oc) m., A./A By the Court, Judge Edgar B. Bayley, Jr. )11NVAIASNN3d mmcr hZ :C Wd OZ d3S 9001 roH?O--MIIJ r TINA RENNINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. GARY RENNINGER, Defendant TO THE PROTHONOTARY: : NO.: 04 - 4571 CIVIL TERM CIVIL ACTION -LAW : IN DIVORCE Please withdraw the appearance of Susan Pickford, Esquire, in the above-captioned action as Shana M. Pugh, Esquire is entering her appearance on behalf of the Plaintiff. Respectfully submitted, Date: TO THE PROTHONOTARY: Please enter the appearance of Shana M. Pugh, Esquire, in the above-captioned action on behalf of the Plaintiff. Respectfully submitted, t Shana M. Pugh, Es # e Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building / Camp Hill, Pennsylvania 17011-4706 Date:/ ID# 200952 Tel. (717) 763-1800 Camp Hill, Pennsylvania 17011 Tel. (717) 612-1660 C) o C- c -n r ? ?';- =qtr - s -? GJ 11 , TINA RENNINGER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GARY RENNINGER DEFENDANT 04-4571 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, September 25, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Friday, November 03, 2006 at 2:30 PM 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/ Melissa A Gree Es q. 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 LIRR t `' _ L S ?Z Wd SZ 83S 9002 3x i1 O TINA RENNINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2004 - 4571 GARY RENNINGER, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant PRAECIPE TO WITHDRAW PETITION FOR SPECIAL RELIEF TO ENFORCE CUSTODY ORDER TO THE PROTHONOTARY: Kindly withdraw the Petition for Special Relief to Enforce Custody Order filed August 31, 2006. The hearing scheduled for October 4, 2006 at 3:00 p.m. before the Honorable Edgar B. Bayley is cancelled. Date: Shana M. Pugh, Esquif Law Offices of Patric F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 200952 Tel. (717) 763-1800 Distribution: -Shane B. Kope, Esq., 4660 Trindle Road, Suite 2001, Camp Hill, PA 17011 -Shana M. Pugh, Esq., 2108 Market Street, Camp Hill, PA 17011 Respectfully submitted, C? `?' ? ?M ? -x-i '";;? ? r ?' ? -i ;?-t -. : -?a,a -,?? ?Ta r.b'w ??__?t^ l v f"f ? ?? J ; ?' ?? a -.... - y 'tJ ..,; TINA RENNINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2004 - 4571 GARY RENNINGER, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant/Respondent : AND NOW, comes the Petitioner, Tina Renninger, by and through her attorney's, the Law Offices of Patrick F. Lauer, Jr., L.L.C., and files this Petition for Injunctive Relief and in support) thereof, avers as follows: 1. Petitioner, Tina Renninger, an adult individual, who resides at 1341 Kiner Boulevard, Carlisle, Cumberland County, Pennsylvania, is the Plaintiff in the above-captioned Divorce action. 2. Respondent, Gary Renninger, an adult individual, who resides at 203 C Mulberry) Drive, Mechanicsburg, Cumberland County, Pennsylvania, is the Defendant in the above-captioned Divorce action. 3. Petitioner has learned that Respondent has withdrawn $25,000.00 from his 401(k) retirement plan in 2005 and has removed additional funds in 2006. 4. Respondent's 401(k) retirement is a substantial portion of the total marital assets. 5. Petitioner believes Respondent will remove additional funds or liquidate other assets and will dissipate the marital assets. 6. Petitioner requests that an injunction be entered against the above-named Respondent prohibiting from: a. Selling, transferring, encumbering, concealing, assigning, removing or in any way disposing of any property, real or personal, except the real estate y located at 1341 Kiner Boulevard, Carlisle, Pennsylvania, belonging to or acquired by, either party, except by written agreement of both parties; or Order of the Court. b. Incurring any further debts that would burden the credit of the other party, including but not limited to further borrowing against any credit line secured by the marital residence or unreasonably using credit cards or cash advances against credit or bank cards. C. Changing the beneficiary of any life insurance policy, pension or retirement plan, or pension or retirement investment account, except with the written consent of the other party or by Order of the Court. WHERFORE, Petitioner respectfully request that this Honorable Court grant the Petition for Injunctive Relief and enjoin and restrain the Respondent from encumbering, dissipating, selling or otherwise alienating any and all marital assets of the parties, except the real estate located at 1341 Kiner Boulevard, Carlisle, Pennsylvania. /Marlin K arkley, Esquire 2108 M ket Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: P. ID# 84745 Tel. (717) 763-1800 TINA RENNINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2004 - 4571 GARY RENNINGER, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant/Respondent : I verify that the statements made in the foregoing Petition to Prevent Dissipation of Marital Assets document are true and correct to the best of my knowledge, information, and belief. II understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. d V ?`yy6-?'?' Signa Date tur .J Tina Renninger TINA RENNINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS.. . NO. 2004 4571 GARY RENNINGER, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant/Respondent : I hereby certify that I am this day serving a copy of the foregoing Petition upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy in the United States first class mail, postage prepaid, addressed as follows: Gary Renninger c/o Shane B. Kope, Esquire 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 Respectfully submitted, 'Marlin L. Markley, Esquire 2108 Market Street, Aztec Building j / ^ 2 Camp Hill, Pennsylvania 17011-4706 Date: ID# 84745 Tel. (717) 763-1800 A. , t:`` t_? +:_:r .__ _.? ?_ _ _ , . ---, Cj . ai :? 31? ?? - ,,Ij? ' ...,.t __. {_.? '_}? ?7 • - -1 ... ? ..,.?.- -7.7 ?-? '?.. d` NOV 13 2006 ! -,A TINA A. RENNINGER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2004-4571 CIVIL TERM V. CIVIL ACTION - LAW GARY RENNINGER, IN CUSTODY Defendant ORDER OF COURT BAYLEY, P.J. - AND NOW, this day of November, 2006, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties, Tina A. Renninger and Gary Renninger, shall have shared legal custody of the minor children, Erin Lynn Renninger, born May 9, 1989; Paige Marie Renninger, born December 11, 1990; and Lydya Jane Renninger, born October 11, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. The parties will share physical custody on an alternating week basis as follows: A. The week commencing November 5, 2006 shall be Father's custodial week. B. The week commencing November 12, 2006 shall be Mother's custodial week. C. The parties will alternate weeks of custody on Sunday evening with exchanges occurring between 7:00 and 9:00 p.m. NO. 2004-4571 CIVIL TERM 3. Holidays. A. The parties shall alternate custody of the children on the following holidays: Fourth of July, Labor Day, Thanksgiving, Easter and Memorial Day. These holiday visits shall commence at 8:00 a.m. and end at 4:00 p.m. that same day. The preceding holiday schedule may be modified as the parties mutually agree. B. The sharing of the Christmas holiday period shall be arranged by the mutual agreement of the parties. C. Holiday periods shall take precedence over all other scheduled periods of custody. D. Father shall have custody on Father's Day, Mother shall have custody on Mother's Day. 4. Both parties shall permit reasonable telephone access to the children while the children are in his/her custody. 5. The parents are encouraged to accommodate reasonable requests of the other parent for alterations of any agreed upon schedule, as the circumstances and best interest of the children require. 6. Each party shall be responsible to provide transportation for their periods of custody. In the event that the parties do not have an agreement, the party receiving custody shall provide to custodial exchanges. 7. The pick up and delivery of the children shall be mutually arranged between the parties. 8. In the event that either party breaches any provisions of this Order, the other parties shall have the right to bring action or actions in law or equity for such breach. 9. Neither party shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 10. Any modification or waiver of the provisions of this shall be effective only if made in writing. NO. 2004-4571 CIVIL TERM 11. Cumberland County Court of Common Pleas shall retain jurisdiction of this matter. BY THEXOURT: Edgar $-$ayley, P.J. Dist: Marlin Markley, Esquire, 2108 Market Street, Camp Hill, PA 17011 Lesley Beam, Esquire, 4660 Trindle Road, Suite 201, Camp Hill, PA 17011 ty- c 71n TINA A. RENNINGER, Plaintiff V. GARY RENNINGER, Defendant NOV 14 LUUb IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4571 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Erin Lynn Renninger May 9, 1989 Mother and Father Paige Marie Renninger December 11, 1990 Mother and Father Lydya Jane Renninger October 11, 1993 Mother and Father 2. Father filed a Petition to Modify Custody in response to Mother's Petition for the Enforcement of the Custody Order which has now been withdrawn. The last Order in this matter was September 16, 2004. A Custody Conciliation Conference was held on November 3, 2006 with the following individuals in attendance: the Mother, Tina Renninger, and her counsel, Marlin Markley, Esquire; the Father, Gary Renninger, and his counsel, Lesley Beam, Esquire. 3. The parties reached an agreement in the orm o an Order as attached. Lo Date Melissa Peel Greevy, Esquire Custody Conciliator :286490 Nov 1 7 zoos M S? TINA RENNINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2004 - 4571 GARY RENNINGER, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant/Respondent : ,upon consideration of the Petition for AND NOW, this V0 day of 2006 Injuntive Relief, it is hereby ORDERED and DECREED that Defendant/Respondent is hereby enjoined and restrained from encumbering, dissipating, selling or otherwise alienating any and all marital assets of the parties, including but not limited to, the assets in the Defendant's/ Respondent's 401(k) retirement plan, until the earliest of the following: (1) the order is modified or dissolved by the court; (2) the order is modified by a written agreement of the parties with court approval; (3) the entry of a judgment of divorce; (4) th action is dismissed; or (5) by further order of the court DXT TuV OnT TvT ?. .? r,? r,.. ,?_ _, ???.: a°7 _'? - ?- ? C`w,i t=-- .a... r *? t_±_ C?; ,_? ? c.: Cam.! --? TINA RENNINGER, PlaintifD?etitioner VS. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 4571 GARY RENNINGER, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant/Respondent PLAINTIFF'S MOTION FOR AN ORDER TO COMPEL DEFENDANT TO ANSWER INTERROGATORIES The Plaintiff, Tina Renninger, by and through her attorneys, The Law Offices of Patrick F. Lauer, Jr., L.L.C., hereby moves this Court to enter an Order pursuant to Pa.R.C.P. 1930.5(b) and 4019(a)(1)(i) for failure of Defendant, Gary Renninger, to answer Interrogatories and in support thereof avers as follows: 1. Petitioner is the Plaintiff, Tina Renninger. 2. Respondent is the Defendant, Gary Renninger. 3. On September 13, 2004, Plaintiff filed a Complaint for a Divorce under §3301(c) & (d) along with counts for economic relief. 4. Plaintiffs first set of Interrogatories to Defendant were mailed to defendant's counsel on October 3, 2006, service was accepted by defendant's counsel on October 30, 2006. See attached Exhibit "A". 5. Defendant's verified answers to the Interrogatories were due on or before November 29, 2006. 6. Plaintiff has not received any verified answers to the Interrogatories. 7. Plaintiff is entitled to answers to her Interrogatories because the information is relevant to the counts for economic relief. 8. Plaintiff has made a good faith effort to resolve this discovery dispute. 9. On December 14, 2006, Plaintiff's counsel sent a letter to Defendant's counsel advising that Defendant's answer's are past due. See attached Exhibit "B". 10. Defendant's verified answers to the Interrogatories have not been received. WHEREFORE, Plaintiff, Tina Renninger, respectfully requests this Honorable Court to order Defendant, Gary Renninger, to provide verified answers to the Interrogatories within (20) days. Respectfully Date: February 23, 2007 Marlin ?"-arkley, quire Law O k es of Pat ck F. Lauer, Jr., L.L.C. 2108 Market Strf717) Aztec Building Camp Hill, Penn ania 17011-4706 ID# 84745 Tel. 763-1800 tic Pt. FZ*Yl% THE LAW OFFICES OF PATRICK F. LAUER, JR., L.L.C. 2108 MARKET STREET, AZTEC BUILDING CAMP HILL, PENNSYLVANIA 17011 Patrick F. Lauer, Jr., Esq.* (717) 763-1800 FAX (717) 763-4247 Satellite Office: Marlin L. Markley, Esq.** Reply to Camp Hill Address 8 S. Hanover Street Shana M. Pugh, Esq. Carlisle, PA 17013 1-800-822-4-LAW www_dui_?a_cpm Shane Kope, Esquire October 3, 2006 4660 Trindle Road Suite 201 Camp Hill, PA 17011 r? RE: Renninger v. Renninger, Divorce ° Cumberland County No.: 2004-4571 Dear Attorney Kope: The above-referenced case has been reassigned to me. I understand that Mrs. Renninger's prior attorney has provided you with interrogatories, and thus far you have failed to answer those interrogatories. Since I am new to the case I am providing interrogatories to you and labeling them as Plaintiff's First Set of Interrogatories. Therefore, I do not expect you to provide answers to the interrogatories that were previously sent to you by attorney Pickford. However, I do expect the enclosed Interrogatories to be answered within thirty (30) days. I have been provided with Defendant's interrogatories. Cumberland County Rule 4005-1 limits the number of interrogatories to no more than forty (40). Since your interrogatories number up to ninety-one (91) plus sub parts they do not comply with Cumberland County's rule. I am requesting that you limit your interrogatories to the appropriate amount. Once you have provided me with interrogatories that comply with the Rule, I will see to it that my client provides ydu with timely answers. Mrs. Renninger is willing to agree to a 54150 split regarding physical custody of the children on the condition that Mr. Renninger seek counseling and a diagnoses of his condition that causes him to be verbally abusive towards the children. If this is agreeable to your client you may fax me a proposed stipulation for me to review with my client. It is my clients desire to sell the house and it is her understanding that your client also wishes for the house to be sold. At this time we do not have a preference for any particular realtor or agency. Please contact me to discuss any realtor that may interest you. In the meantime, if you have any questions please do not hesitate to co t my office. Very truly ya s, MLM/ben Enclosures (interrogatories) Cc: Tina Renninger * 'Board Certified as a Criminal Trial Advocate by the National Board of Trial Advocacy. * * Member: National Association of Criminal Defense Lawyers TINA RENNINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2004-CV-4571 GARY RENNINGER, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant I, Shane B.Kope, Esquire, attorney for the Defendant in the above-captioned matter, accept service of the PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT pursuant to Pennsylvania Rule of Civil Procedure, Rule 1930.4(d). I certify that I am authorized to accept service on behalf of the Defendant. S E QUIRE /O/3v (5 Date: Exhibit 13 THE LAW OFFICES OF PATRICK F. LAUER, JR., L.L.C. 2108 MARKET STREET, -AZTEb! BUILDING CAMP HILL, PENNSYLVANIA 17011 Patrick F. Lauer, Jr., Esq.* (717) 763-1800 FAX (717) 763-4247 Satellite Office: Marlin L. Markley, Esq.** Reply to Camp Hill Address 8 S. Hanover Street Carlisle, PA 17013 1-800-822-4-LAW www_ani_pa_cem December 14, 2006 Shane B. Kope, Esquire 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 RE: Renninger v. Renninger, Divorce Cumberland County No.: 2004-4571 Dear Shane: Enclosed are my client's answers to your interrogatories. I am still waiting for your clients answer's to our interrogatories. Please provide your client's answers to me before the end of December so I do not need to request the assistance of the Court. Once I have your client's answers I should be in a position to make an offer of settlement. MLM/ Enclosure Cc: Tina Renninger *Board Certified as a Criminal Trial Advocate by the National Board of Trial Advocacy. **v=Member: National Association of Criminal Defense Lawyers TINA RENNINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2004 - 4571 GARY RENNINGER, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant/Respondent I, Marlin L. Markley, Esquire, hereby certify that I have served a true and correct copy of the foregoing PLAINTIFF'S MOTION FOR AN ORDER TO COMPEL DEFENDANT TO ANSWER INTERROGATORIES upon the Defendant's counsel, by depositing a copy of same in the United States Mail, certified mail, return receipt, as follows: Shane B. Kope, Esquire 4660 Trindle Road Suite 201 Camp Hill, PA 17011 r/ ` Marlin L.al ley, E quire Law Offi s of Pa . k F. Lauer, Jr., L.L.C. 2108 Market Street Aztec Building Camp Hill, Pennsy vania 17011-4706 Date: February 23, 2007 ID# 84745 Tel. (717) 763-1800 ' ? r? ? FEB SB 200 TINA RENNINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2004 - 4571 GARY RENNINGER, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant/Respondent : AND NOW, this -L 'day of tea.- 2007, based upon the PLAINTIFF'S MOTION FOR AN ORDER TO COMPEL DEFENDANT TO ANSWER INTERROGATORIES, J Plaintiff's Motion is ?t-??ootic 1-?-- The Defendant is Ordered to provide Plaintiff's counsel with to Svv+? Plaintiff s Interrogatories no later than t twenty (20) days after tho4ata of this order. BY THE COURT, i Distribution: LAarlin L. Markley, Esq., 2108 Market Street, Camp Hill, PA 17011 vBhane B. Kope, Esq, 4660 Trindle Road, Suite 201, Camp Hill, PA 17011 1j - ; LUZ TINA RENNINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2004 - 4571 GARY RENNINGER, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant AND NOW COMES, the Plaintiff, Tina Renninger, by and through her attorneys, The Law Offices of Patrick F. Lauer, Jr., LLC, and moves the Court to appoint a Master with respect to the following claims: (X) Divorce ( ) Annulment (X) Alimony ( ) Alimony Pendente Lite and in support of the Motion states: (X) Distribution of Property ( ) Support (X ) Counsel fees ( ) Costs and Expenses 1. Discovery is not complete as to the claims for which the appointment of a master is requested. 2. The Defendant has appeared in the action by counsel Shane B. Kope, Esquire. 3. The statutory grounds for divorce are 3301(c) and 3301 (d). 4. The action is contested with respect to Alimony, Distribution of Property and Counsel Fees. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take half of a day. Respectfully -,,'Marlin.L!1? ey, Esquire 2108 Mark Street, Aztec Building Camp Hill, ennsylvania 17011-4706 Date: July 5, 2007 ID# 84745 Tel. (717) 763-1800 TINA RENNINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2004 - 4571 GARY RENNINGER, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant I, Marlin L. Markley, Esquire, hereby certify that on the below-noted date, served a true and correct copy of the foregoing Motion for Appointment of Master upon the following named counsel by depositing same, postage prepaid, in the United States Mail, addressed as follows: Shane B. Kope, Esquire 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 Date: July 5, 2007 Marlin L. kley,/Esquire 2108 arket Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 c w l w.?Y U TINA RENNINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2004 - 4571 GARY RENNINGER, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant QRD R AND NOW, this day of , 2007, E. ROBERT ELICKER, II, is hereby appointed Master in Divorce. BY THE CO T: J. Distribution: -Marlin L. Markley, Esq., 2108 Market St., Camp Hill, PA 17011 1111a- -Shane B. Kope, Esq., 4660 Trindle Rd, Suite 201, Camp Hill, PA 17011 4 )7 - 1 T t 1 ..?' - I 'j Lj- W TINA RENNINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2004 - 4571 GARY RENNINGER, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant/Respondent : AND NOW, comes the Petitioner, Tina Renninger, by and through her attorney's, the Law Offices of Patrick F. Lauer, Jr., L.L.C., and files this Petition for Special Relief and in support thereof, avers as follows: 1. Petitioner, Tina Renninger, an adult individual, who resides at 1341 Kiner Boulevard, Carlisle, Cumberland County, Pennsylvania, is the Plaintiff in the above-captioned Divorce action. 2. Respondent, Gary Renninger, an adult individual, who resides at 203 C Mulberry Drive, Mechanicsburg, Cumberland County, Pennsylvania, is the Defendant in the above-captioned Divorce action. 3. The parties have retained Realtor Joe Schuetz of RE/MAX Realty Associates, Inc., to sell the marital residence. 4. Mr. Schuetz has found a buyer willing to purchase the marital residence for $180,000.00. 5. Closing has been scheduled for September 24, 2007. 6. It is anticipated that the funds remaining after all costs of sale and the mortgage on the marital residence are paid will be approximately $80,000.00, all of which are marital property to be equitably divided. 7. Petitioner has resided in the marital residence since the parties separated in July 2004, and will need money to put down on a new residence and to pay moving costs. 8. Other than the marital residence, the marital estate is made up of various retirements held by respondent. 9. Respondent has liquidated over $68,000.00 worth of marital assets prior to petitioner obtaining a court order preventing respondent from further dissipating marital assets. 10. The Honorable Edgar B. Bayley has signed orders for this case related to custody, the dissipation of marital assets, and appointing a divorce master. 11. A letter was sent to opposing counsel on November 7, 2006, attempting to settle this issue, and a voice-mail left on August 9, 2007. It is assumed that opposing counsel does not concur with the requested relief. WHERFORE, Petitioner respectfully requests that this Honorable Court grant the Petition for Special Relief and enter an Order requiring: a) that at closing for the sale of the marital residence, $32,000.00 of the proceeds of the sale are to be paid directly to the Petitioner, Tina Renninger; and b) the remaining funds are to be held in escrow until one of the following occurs (1) the order is modified or dissolved by the court; (2) a marriage settlement agreement is signed by the parties that gives instruction as to how the funds are to be disbursed; or (3) an order of equitable distribution is provided by the Court. Respectfully submitted, M . Mar ey, Esquire 2108 ket Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: Id-1 0a7 ID# 84745 Tel. (717) 763-1800 ? r TINA RENNINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2004 - 4571 GARY RENNINGER, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant/Respondent : I verify that the statements made in the foregoing Petition for Special Relief. Partial Distribution are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: Si ature. ` Tina Renninger TINA RENNINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2004 - 4571 GARY RENNINGER, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant/Respondent : I hereby certify that I am this day serving a copy of the foregoing Petition upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy in the United States first class mail, postage prepaid, addressed as follows: Gary Renninger c/o Shane B. Kope, Esquire 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 Respectfully submitted, arfifill kley, Esquire 2108 M et Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: ID# 84745 Tel. (717) 763-1800 Q ? _ -? ?? -ri s-? G?. _?, tr =?'° c =? --- i_s • ;?- ?? ..r:, TINA RENNINGER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GARY RENNINGER, DEFENDANT 04-4571 CIVIL TERM ORDER OF COURT AND NOW, this day of August, 2007 a hearing on the within petition for special relief shall be conducted at 8:45 a.m., Friday, August 31, 2007, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Edgar 8713ayley, J. ,,Marlin Markley, Esquire For Plaintiff ,,S ane Kope, Esquire For Defendant sal Lo s?.m `ma ?? c ? Q N TINA RENNINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW GARY RENNINGER, Defendant NO. 04-4571 CIVIL TERM ORDER OF COURT AND NOW, this 31st day of August, 2007, this matter having been called on a petition for special relief, and the parties having reached an agreement to resolve the issue raised in the within petition, it is ordered that upon the sale of the marital residence at 1341 Kiner Boulevard, Carlisle, Pennsylvania, the parties shall equally divide the net proceeds without prejudice to an ultimate order of equitable distribution of property if they are otherwise unable to come to a settlement of the economic issues in their divorces Bv/the Cour r gar b. t3ayiey, \T. Marlin L. Markley, Jr., Esquire For Plaintiff Shane B. Kope, Esquire For Defendant Sheriff ? 4,1 ;ei prs ? ti TINA RENNINGER, Plaintiff VS. GARY RENNINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 2004-4571 CIVIL ACTION - AT 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 September 13, 2004. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. r 1 fJ Date: -'' 3 G Signature: Tina Renninger Co ? Zic r-= W 'Pty rlo i.. C 1 TINA RENNINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 2004-4571 GARY RENNINGER, CIVIL ACTION - AT LAW Defendant : 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 fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. 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 unworn falsification to authorities. D !? 6 Jella- Tina Date:I/ Signature: Renninger Ak 0 6 200? ? ra VEST I yl riZ _rf771 hJ TINA RENNINGER, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2004-4571 GARY RENNINGER, CIVIL ACTION - LAW Defendant. IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on September 13, 2004. 2. The Complaint was served, and an Acceptance of Service (Acknowledgment of Service) was signed by defendant on September 16, 2004. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: ?3 / ( D Gary enninger ? ?t °??c+ ? ?? r r T} l ??, , ?.-? t?.:, .+ ?J N ?4 TINA RENNINGER, Plaintiff, vs. GARY RENNINGER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4571 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301 (c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 0:3111 0 $ Gary enninger Q vrr i _ r 1 "`? ..., -V v i i KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@kopelaw.com TINA RENNINGER, Plaintiff, vs. GARY RENNINGER, Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4571 CIVIL ACTION - LAW IN DIVORCE MARITAL SEPARATION AGREEMENT 1. INTRODUCTORY PROVISION This Agreement is made by and between Tina Renninger of Cumberland County, Pennsylvania ('Wife") and Gary Renninger of Cumberland County, Pennsylvania ("Husband") 2. WHEREAS CLAUSES WHEREAS, the parties hereto are Husband and Wife, having been married on September 27, 1986, in Cumberland County, Pennsylvania; WHEREAS, certain differences exist between the parties and they have decided to permanently live separate and apart from each other and they intend by this Agreement to fully and finally settle all of their respective rights and obligations as between each other, including, but not necessarily limited to the settling of all interests, rights and/or obligations between them or their estates, whether arising out of their marriage, 1 of 23 t ? including, but not limited to: a) the past, present and future support, alimony pendente lite, alimony or maintenance of either party by the other party; and (b) the ownership of all assets of whatever nature, including assets acquired by either party prior to or subsequent to the date of execution of this Agreement; 3. CONSIDERATION NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties hereto, Husband and Wife, intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 4. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 5. DEFINITIONS 5.01. Divorce Code. The phrase "Divorce Code" shall be defined as Pennsylvania C.S.A., Title 23. Section 101 et seq. (effective March 19, 1991). 5.02. Date of Execution of This Agreement. The phrase "date of execution", "execution date" or "date of this Agreement" shall be defined as the date that the last 2 of 23 L. party signs this Agreement. 5.03. Date of Distribution. Except where indicated otherwise, the phrase "date of distribution" of this Agreement shall be defined as the earlier of the date of: (1) death of one of the parties; or (2) the thirty-first day subsequent to the date on which an initial divorce decree is entered without an appeal having been taken, or, if such an appeal has been taken, on the date of receipt of notice of final confirmation of the initial divorce decree by the appellate courts. If the distribution date falls on a date when the court which entered the decree in divorce or to which appeal was taken is closed for official business, then the distribution date shall be the next day on which that court is open for official business. 5.04. Internal Revenue Code. The phrase "Internal Revenue Code" or "I.R.C." shall be defined as the Internal Revenue Code of 1986, as amended, or any successor statute thereto. References to sections of the Internal Revenue Code shall refer to sections of the Internal Revenue Code as of the date of execution of this Agreement. 5.05. Asset. The word "Asset" shall be defined as anything of value, including, but not limited to, real and/or personal, tangible and/or intangible property and all financial interests however held. 5.06. Effective Date of Agreement. This Agreement shall become effective and binding upon both parties on the execution date of this Agreement. 6. DIVORCE DECREE 6.01. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent, no-fault Divorce Decree in the above captioned divorce action. Wife has filed a divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania, Civil Term, 2004, No. 2004-4571, seeking a divorce decree pursuant to, among other provisions, Section 3301 (c) of the Domestic Relations Code. 3 of 23 L r T ? The parties shall promptly file the affidavits and waivers required to obtain a divorce pursuant to § 3301(c) of the Domestic Relation Code. As defined in the Domestic Relations Code, the parties' marriage is irretrievably broken and they do not desire marital counseling. The parties shall also take all legal steps (including, but not limited to, the timely and prompt submission of all documents and the execution of appropriate waivers of the right to file exceptions and of the right to file an appeal) necessary to ensure that a divorce pursuant to § 3301(c) of the Domestic Relations Code is entered as soon as possible/within one (1) month, but in any event not later than three (3) months from the date of execution of this Agreement. 6.02. Responsibility for Proceeding With Divorce. Husband shall be responsible for the prompt filing of the Praecipe to Transmit the Record and the related required documents. Should Wife want a certified copy of the final divorce decree, Wife shall pay the required fee to secure that document. 6.03. Withdrawal of Other Actions. The parties further shall take all legal steps necessary to ensure that all pending petitions and actions between the parties (including, but not limited to counterclaims or petitions for economic relief), except for the divorce action referred to in Paragraph 6.01 (to the extent necessary to obtain the divorce), are dismissed with prejudice as soon as possible and that no similar actions are instituted, except to the extent necessary to enforce the terms of this Agreement. 6.04. Penalty for Delay. Notwithstanding the foregoing, if, after the execution of this Agreement, either party unreasonably delays or contests the obtaining of a final, unappealed divorce decree, that party shall exonerate and indemnify the other party against and hold the other party harmless from any liability and/or expense, including 4 of 23 f r IY 1 reasonable counsel fees, incurred as a result of such delay or contest in obtaining the decree. 7. EFFECT OF NO DIVORCE Except as otherwise provided for in this Agreement, this Agreement shall remain in full force and effect even if no final decree in divorce is entered. 8. EFFECT OF DIVORCE DECREE, INCORPORATION AND MERGER This Agreement shall continue in full force and effect after a final decree in divorce is entered in any jurisdiction, it shall survive and not merge into any such divorce, and its provisions shall not be affected by the entry of such a decree, surviving any such decree and remaining independent of any such decree. The terms of this Agreement shall be incorporated for enforcement purposes only, but not merged into the divorce decree. The Court entering the decree shall have all of the powers of enforcement, which, at the discretion of the nonbreaching party, shall include, but not necessarily be limited to, all of the following: for breach of contract, under theories of equity, and under the Divorce Code, including under § 3105 (which includes contempt). The provisions of this Agreement shall not be modifiable for any reason. 9. ADVICE OF COUNSEL Husband has been represented by Shane B. Kope, Esquire of Kope & Associates, LLC. Wife has been represented by Marlin L. Markley, Esquire of The Law Offices of Patrick F. Lauer, Jr., LLC. Each party represents that he or she understands that, in the absence of this Agreement and as a matter of law: (1) as a surviving spouse, he or she might be entitled to a greater share in the decedent's estate than is provided for in this Agreement; and (2) as a separated and/or divorced spouse, he or she might be entitled to greater support, maintenance, alimony pendente lite, counsel fees, costs, alimony, 5 of 23 , distribution of property, or other financial benefits arising from the marital relationship than is provided for in this Agreement. Notwithstanding the foregoing, the parties shall be bound by the terms of this Agreement. Each of the parties further acknowledges and agrees that, with such knowledge, and after having read this Agreement carefully and fully, this Agreement is fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith, and that its execution is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. 10. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been disclosure of the parties' marital assets and debts and the parties' respective incomes. The parties agree to waive any further disclosure and proceed with a settlement of all financial assets and/or debts. 11. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 6 of 23 12. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 13. MUTUAL RELEASES Except as otherwise expressly provided in this Agreement, Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: A. Claims Against Property or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. B. Life Time Conveyances: The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory 7 of 23 Y 1 r of the United States, or (iii) any other country; C. Marital Rights: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. D. Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 14. WAIVER OR MODIFICATION No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 15. MUTUAL COOPERATION Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 8 of 23 t' I 16. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 16.5 NO INTENDED THIRD-PARTY BENEFICIARIES This Agreement constitutes a contract binding between the aforementioned parties and those parties only. This Agreement provides rights and obligations only to the aforementioned parties. To the extent that this Agreement may benefit another party other than Husband or Wife either directly or indirectly, said party constitutes merely an incidental beneficiary of the Agreement and will be restricted from pursuing legal action should either Husband or Wife breach or allegedly breach this Agreement in any way. 17. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 18. BREACH If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: The right to all remedies set forth in the Pennsylvania Divorce Code, 23 Pa.C.S.A. § 3502(e), and any additional rights 9 of 23 i t and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. B. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Other Remedies: Any other remedies provided for in law or in equity. D. Consideration for Reasonable Attorneys Fees: Any award of "reasonable attorney's fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 19. INCOME TAX MATTERS With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or 10 of 23 r t. local income tax is proposed, or any assessment of any such tax is made against either of them arising out of such joint filing, each will be responsible for payment of half of such tax and any interest, penalty or other expense arising therefrom and shall indemnify and hold harmless the other from and against any loss or liability as a result thereof. In the event that any refund is received from any joint filing from a previous year after the execution of this Agreement, the parties hereby agree that the refund monies received shall be split equally between the two parties. B. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. C. Preservation of Records: Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. D. Dependency Exemptions: The parties acknowledge that they are the natural parents of three children: Erin L. Renninger, Paige M. Renninger, and Lydya J. Renninger. The parties hereto agree that Husband will be entitled to claim the dependency exemption for their minor children, Erin L. Renninger, born May 9, 1989, and Paige M. Renninger, born December 11, 1990, (hereinafter the "Children"), for as long as the Children qualify as dependents (for either party) for income tax purposes. Should Wife be the custodial parent of the Children, Wife hereby agrees to sign and provide to Husband the declaration as required by the Internal Revenue Service, currently identified as Form 8332, in order to implement this paragraph. Wife shall execute this paperwork and return such to Husband every year that Wife is the custodial parent of the Children. 11 of 23 ? k 20. EFFECT OF RECONCILIATION This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. SECTION II EQUITABLE DISTRIBUTION OF PROPERTY 21. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 22. DISTRIBUTION OF PROPERTY AND DEBTS The parties' marital assets and debts shall be divided and distributed as follows: A. Real Estate: The parties hereto previously owned real estate, specifically a house and lot known and numbered as 1341 Kiner Boulevard, Carlisle, 12 of 23 t Cumberland County, Pennsylvania (the "Premises" or "Marital Residence"). The parties hereby acknowledge that the Premises have been sold via RE/MAX Realty Associates, Inc., satisfying all debt on said Premises, with a net profit of eighty-eight thousand, eight hundred and sixty-six dollars ($88,866.00). The parties further acknowledge that said monies have been divided equally, as of the date of execution of this Agreement, with each party receiving the sum of forty-four thousand, four hundred and thirty-three dollars ($44,433.00).' B. Personal Property: The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: 1. To Wife: a. All personal property currently in the possession of the Wife, as per the agreement of the parties. 2. To Husband: a. All personal property currently in the possession of the Husband, as per the agreement of the parties. 3. The parties agree that they have already divided the personal property in a manner that is agreeable to both. C. Vehicle(s)and Vehicle Loan(s): The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the vehicles have been sold or 1 Said distribution was ordered by the Honorable Judge Edgar B. Bayley on August 31, 2007, as a partial distribution of the estate, after agreement by the parties. 13 of 23 traded in prior to the date of this Agreement, and loans associated therewith, shall be divided and distributed as follows: 1. To Wife: All vehicles currently in her possession, and the value of a 2003 Nissan Maxima, which was traded in by Wife for another vehicle in August of 2006. 2. To Husband: All vehicles currently in his possession, and the value of a 1994 Jeep Cherokee, which was traded in by Husband for another vehicle in July of 2005. 3. The parties have been and remain responsible for securing their own automobile insurance on all vehicles assigned to each, respectively, under this document as of the date of execution of this agreement. The parties agree that each party will solely and fully responsible for any uncovered expenses, costs and/or liability arising from any and all incidents and/or accidents involving their respective vehicles. 4. The parties further agreed that any loans owed on these respective vehicles will be paid in full by the party to whom ownership is assigned under this Agreement. In the event that both parties are named on any loan associated with the payment of the vehicle, the party receiving said vehicle under this Agreement shall take any and all steps to refinance the vehicle in his or her name alone. As the parties traded in both marital vehicles prior to execution of this Agreement, the parties agree that there remains no outstanding vehicle loan which names both parties as obligors on the account. D. Title Transfer: The vehicles owned by the parties respectively should be owned in full by whatlever party with whom custody of the vehicle will lie in accordance with this Agreement. If any vehicle awarded under Paragraph C 14 of 23 a ? above should be titled in the names of both parties, the parties shall take all steps practicable to transfer title of the vehicle into the name of the party with whom custody of the vehicle will lay in accordance with this Agreement. Said title transfer of any vehicle under this section will be made in accordance with the law within ninety (90) days of the signing of this Agreement. All costs of the title transfer will be the responsibility of the person receiving title. E. Monetary Distributions: All funds in joint and separate accounts, including but not limited to savings, checking, and money market accounts, should be divided and distributed as follows: 1. To Wife: Any funds in Wife's separate accounts. 2. To Husband: Any funds in Husband's separate accounts. 3. The parties agree that there are no accounts open as of the date of execution of this Agreement which are held in the names of both parties. This includes, but is not limited to, savings, checking, and money market accounts. All monies held in joint accounts have been disbursed and distributed since the date of separation of Husband and Wife to the satisfaction of both parties. F. Investments: The parties' shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: 1. To Wife: Any shares currently in her possession or name. 2. To Husband: Any shares currently in his possession or name. G. Life Insurance: The parties' life insurance policies and the cash value of said policies shall remain 'in the possession of the party under whose name the 15 of 23 ? t t tF policy is held. Neither party is entitled to the value or a portion of the value of the life insurance policy of his/her current spouse. H. Retirement Plans: The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401(K) Plan, Keogh Plan, Stock Plan, Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: 1. To Wife: Pursuant to a Qualified Domestic Relations Order that the parties shall cause to be entered within thirty days of receipt of the decree of divorce, Wife shall receive the sum of one hundred fifty-six, two hundred and seventy-five dollars and ninety-four cents ($156,275.94) from Husband's retirement account, the last five digits of said account being #60581, said monies held in an IRA at Citi Smith Barney, and administered and/or managed by the Turnbridge Group in Camp Hill, Pennsylvania. Said funds will be distributed to Wife in one lump sum to be rolled over into Wife's IRA account with State Farm, account number 24769627, with an address for State Farm of 226 South 3rd Street, Lemoyne, Pennsylvania 17043. The check shall be made payable directly to the administrator of said account to accomplish this end. Said distribution will be done upon final approval and execution of the attached Domestic Relations Order, but in any event, no later than four (4) months from the entry of a decree in divorce in this matter. The proposed Domestic Relations Order has been prepared, submitted for pre-approval, and attached to this Marital Separation Agreement as Appendum A. 2. To Husbathd: Husband, as participant and/or member of the retirement account referenced in Paragraph 1 immediately above, shall be awarded the remainder of the retirement account referenced immediately above, together with all interest and dividends earned thereon, as well as 16 of 23 I , any and all other accounts held solely in his name. 1. Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise' divided and distributed herein, shall be divided and distributed as follows: 1. To Husband: Husband shall be solely liable for any and all debts held in Husband's name only. 2. To Wife: Wife shall be solely liable for any and all debts held in Wife's name only. 3. The parties assert that all joint debts have been paid in full as of the date of execution of this Agreement, and payment of such has been reflected in the division of the marital estate. SECTION III COUNSEL FEES, SPOUSAL SUPPORT, APL, AND ALIMONY 23. COUNSEL FEES: Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other party except as otherwise expressly provided herein. 24. ALIMONY, APL, AND SUPPORT: The parties acknowledge that by this Agreement they have respectively secured 17 of 23 a r t and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources for their comfort, maintenance and support. The parties acknowledge that the cost of living may increase or decrease, that their respective estates may increase or decrease in value, that either may be employed or unemployed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore the parties hereby expressly waive, discharge, give up and release any and all rights and claims which they may now or hereafter have by reason of the parties' marriage, separation or divorce to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a Court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. From the execution date of this Agreement it shall be the sole responsibility of each party to sustain himself or herself without seeking any support from the other. 25. HEALTH INSURANCE FOR WIFE AND HUSBAND: Husband and Wife hereby represent that they have secured health insurance coverage for their respective selves. The parties agree to continue to pay for and secure health insurance coverage for their respective selves. The parties hereby agree that as of the date of execution ',of this Agreement and for all times forward, no party shall be responsible for the costs of health care coverage of the other. 26. MISCELLANEOUS DISTRI6UTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the 18 of 23 i a parties' marital assets and debts: A. Final Equitable Distribution of Property: The division and distribution of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. B. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. C. Personalty Transfer: if either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than three hundred and sixty-five (365) days from the date of this Agreement. D. Waiver. Each of the parties specifically waives, releases, renounces 19 of 23 a and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. E. Liens: In the event any asset is subject to a lien or encumbrance the party receiving the assetas his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefore. F. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. G. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against any and' all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation andlor enforcing the provisions of this indemnification. H. Cancellation of Joint Debts: Any joint debt shall be cancelled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall 20 of 23 r immediately repay the same. 1. Non-Disclosed Ligbility: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. J. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. K. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the other party or the other party's estate might be responsible. SECTION III CLOSING PROVISIONS AND EXECUTION 29. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 30. FACSIMILE SIGNATUM. Each party agrees to accept and be bound by facsimile signatures hereto. 21 of 23 I _ V i ? 31. BINDING EFFECT. By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: (SEAL) Tina Renninger Dated °3 ?°- (SEAL) Gary Renni ger Date: 20 d 22 of 23 I COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND On this, the Rd day of ?Gl RC?L , 2008, before me, a Notary Public, the undersigned officer, personally appeared Tina Renninger, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. tom-? 2- Notary Publi C. COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA ) Tina M. iong ta , e Notary Public SS: New Cumberland Boro, Cumberland County MY Commission Expires Mar. 24, 2009 COUNTY OF DAUPHIN ) Member, Pennsylvania Association of Notaries On this, theme day of ?rUC A, 2008, before me, a Notary Public, the undersigned officer, personally appeared Gary Renninger, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. rq &A, C Notary Publi : -. JjDTAW SEAL LEANN M IENSCH EAUPW I COUNIV EMOMW 20 2& 23 of 23 i A r KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@kopelaw.com TINA RENNINGER, Plaintiff, vs. GARY RENNINGER, Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4571 CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this day of , 2008, the attached Stipulation and Agreement dated of the parties in this case is incorporated, but not merged, into this Order of Court. J. ATTEST: V 4 r KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@kopelaw.com TINA RENNINGER, Plaintiff, vs. GARY RENNINGER, Defendant. Payee") is the former spouse of AND NOW, this 7th day of January, 2008, the parties, TINA RENNINGER, Plaintiff, and GARY RENNINGER, Defendant, having been divorced by Decree dated of the Court of Common Pleas of Cumberland County, entered at Docket Number 2004-4571, d o hereby stipulate and agree as follows: 1. The Plaintiff, Tina enninger, (hereinafter referred to as "Alternate birth is April 23, 1963 and 2. The Defendant, the custodian of -a Smith Barney Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4571 CIVIL ACTION -LAW IN DIVORCE TION AND AGREEM "DOMESTIC RELA nt, Gary Renninger. Alternate Payee's date of Payee's Social Security Number is 205-58-8362. Renninger, (hereinafter referred to as "Member") is Client IRA account, account #54J-60581, administered and/or managed by the Turnbridge Group located at 214 Senate Avenue, P.O. Box 8853, Camp Hill, PA 17011 (hereinafter referred to as "Turnbridge") 3. Member's date of birth is September 27, 1955, and Member's Social Security number is 191-4 4. Member's current mailing address is: 6585 Carlisle Pikel ' Mechanicsburg, P 17050 5. Alternate Payee's current mailing address is: 213 N. Arch Street 1St Floor Mechanicsburg, PA 17055 6. Alternate Payee's share of Member's retirement benefits is $156,275.94 7. Member's retirement benefit is defined as all monies paid to or on behalf of Member into this IRA accounts including any lump sum withdrawals or scheduled or ad hoc increases. 8. The equitable distribution portion of Member's retirement benefits, as set forth above in Paragraph Six (6)? shall be distributed to Alternate Payee upon final approval of this Domestic Relations Order incorporating the terms of the Marital Separation Agreement, and shall be distributed in one lump sum to be rolled over into Alternate Payee's IRA account With State Farm, account number 24769627, with an address for State Farm of 226 South 3`d Street, Lemoyne, PA 17043. The check shall be made payable directly to the dministrator of said account. 9. Alternate Payee m y not exercise any right, privilege or option not offered by Smith Barney and/or Turnbrid e. Smith Barney and/or Turnbridge shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 10. The parties intend nd agree that the terms of this Stipulation and 4 ~ Agreement shall be approved, adopted and entered as a Domestic Relations Order. 11. The Court of retain jurisdiction to amend any and Agreement, but only for the Domestic Relations Order; provi Pleas of Cumberland County, Pennsylvania, shall >omestic Relations Order incorporating this Stipulation ?urpose of establishing it or maintaining it as a ed, however, that such amendment or right of the Court to so amend will not invalidate the parties' existing Domestic Relations Order. 12. Upon entry of a Domestic Relations Order incorporating this Stipulation and Agreement, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attenda t documents shall be served upon Smith Barney and Tumbridge immediately. Such D mestic Relations Order shall take effect immediately upon the approval of Smith documents. WHEREFORE, the parties, Stipulation and Agreement, do he Plaintiff/Alternate Payee r the Plaintiff/Alternate EAL] [SEAL] y and Tumbridge, and their approval of any attendant intending to be legally bound by the terms of this ,"eunto place their hands and seals. ember 1, COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND On this, the 30 day of , 2008, before me, a Notary Public, the undersigned officer, personally app ared Tina Renninger, known to me (or satisfactorily proven) to be the person whose name is sub cribed to the foregoing Marital Settlement Agreement and acknowledged that she executed th same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. Notary Publ' ?t COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA ) Notarial Seal Tina M. Cu~, Notary Public 4 U h t n ) SS: Now0m mundeoro,cwt owndCourxy 7 My Commosion Dores Mar. 24,2D09 COUNTY O ) Member, Pennsylvania Association of Notaries I h On this, the A5 day of Ise '1,i , 2008, before me, a Notary Public, the undersigned officer, personally apd G Renninger, known to me (or satisfactorily proven) to be the person whose name is sued to the foregoing Marital Settlement Agreement and acknowledged that he executed thfor the purposes therein contained. IN WITNESS THEREOF, I hereunto set my nay d and official seal. Notary Pub FN ui S FA tEAtiN M lENSCH Not*y tDUdic WAMLE1OWN BOROUG14 fat L"004 COUNTY Oct 4 10 h 23 of 23 j Tl } TINA RENNINGER, . Plaintiff VS. GARY RENNINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 4571 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this 3 day of G40-?-J 2008, the economic claims raised in the proceedings having been resolved in accordance with a marital separation agreement dated February 15, 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. BY THE COURT, Edgar B. Bayley, P.J. cc: ? Marlin L. Markley Attorney for Plaintiff ,AShane B. Kope Attorney for Defendant (26f CC C ,n2 c (fz(-- J' . ) > ? J E LD LLI C? IN THE COURT OF COMMON PLEAS TINA RENNINGER-. CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION GARY RENNINGER : NO. 2004-4571 CIVIL TERM PRAECIPE TO TRANSAUT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under 3301 (c) 3c? I$*:( 1)xfii Dim= (Strike out inapplicable section) 2. Date and manner of service of the complaint: Acceptance of Service signed by Defendant on September 16, 2004 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: by plaintiff 3/3/2008 : by defendant 3/ 1 1/ 2 0 0 8 b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: There is a marital separation agreement executed on March 3, 2008 that is incorporated for enforce Rent pu?-po?es p)nly but not merged. 5. Comple either a or (b a. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: b. Date of plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: 3/ 13 / 2 0 0 8 Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the Prothonotary: 3/ 13 / 2 0 0 8 Attorney for f /Defendant c PIN> y °?i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. TINA RENNINGER VERSUS GARY RENNINGER NO. 2004-4571 DECREE IN DIVORCE AND NOW, t 2A ,`"PS, IT IS ORDERED AND N-ftl DECREED THAT AND TINA RENNINGER , PLAINTIFF, GARY RENNINGER ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,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 PROTHONOTARY Ao - KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@kopelaw.com TINA RENNINGER, Plaintiff, vs. GARY RENNINGER, Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-4571 CIVIL ACTION - LAW IN DIVORCE STIPULATION AND AGREEMENT FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this 5th day of May, 2008, the parties, TINA RENNINGER, Plaintiff, and GARY RENNINGER, Defendant, having been divorced by Decree dated April 28, 2008 of the Court of Common Pleas of Cumberland County, entered at Docket Number 2004-4571, do hereby stipulate and agree as follows: 1. The Plaintiff, Tina Renninger, (hereinafter referred to as "Alternate Payee") is the former spouse of Defendant, Gary Renninger. Alternate Payee's date of birth is April 23, 1963 and Alternate Payee's Social Security Number is 205-58-8362. 2. The Defendant, Gary Renninger, (hereinafter referred to as "Member") is the custodian of a Smith Barney Reserved Client IRA account, account #54J-60581, administered and/or managed by the Turnbridge Group located at 214 Senate Avenue, P.O. Box 8853, Camp Hill, PA 17011 (hereinafter referred to as "Turn bridge"). 3. Member's date of birth is September 27, 1955, and Member's Social Security number is 191-46-0423. 4. Member's current mailing address is: 6585 Carlisle Pike Mechanicsburg, PA 17050 5. Alternate Payee's current mailing address is: 213 N. Arch Street 1St Floor Mechanicsburg, PA 17055 6. Alternate Payee's share of Member's retirement benefits is $156,275.94 7. Member's retirement benefit is defined as all monies paid to or on behalf of Member into this IRA account, including any lump sum withdrawals or scheduled or ad hoc increases. 8. The equitable distribution portion of Member's retirement benefits, as set forth above in Paragraph Six (6), shall be distributed to Alternate Payee upon final approval of this Domestic Relations Order incorporating the terms of the Marital Separation Agreement, and shall be distributed in one lump sum to be rolled over into Alternate Payee's IRA account with State Farm, account number 24769627, with an address for State Farm of 226 South 3rd Street, Lemoyne, PA 17043. The check shall be made payable directly to the administrator of said account. 9. Alternate Payee may not exercise any right, privilege or option not offered by Smith Barney and/or Turnbridge. Smith Barney and/or Turnbridge shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 10. The parties intend and agree that the terms of this Stipulation and • t. AV'A Agreement shall be approved, adopted and entered as a Domestic Relations Order. 11. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that such amendment or right of the Court to so amend will not invalidate the parties' existing Domestic Relations Order. 12. Upon entry of a Domestic Relations Order incorporating this Stipulation and Agreement, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon Smith Barney and Turnbridge immediately. Such Domestic Relations Order shall take effect immediately upon the approval of Smith Barney and Turnbridge, and their approval of any attendant documents. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. I Plaintiff/Alternate Payee A Attorney or the Plaintiff/Alternate Payee EAL] SEAL] >i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) SS: On this, the 30 day of RZO CCh , 2008, before me, a Notary Public, the undersigned officer, personally appeared Tina Renninger, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA btu COUNTY OF ^'r" `T'? T "'`Tn Notary Publ' ? ?11 aCJ J ./L_, COMMONWEALTH OF PENNSYLVANIA Notarial Seal Tina M. Garlinger, Notary Public SS: New Cumberland Boro, Cw6mland County My Comma Expires Mar. 24, 2009 Member, Pennsylvania Association of Notaries h On this, the _15t day of P bruoL , 2008, before me, a Notary Public, the undersigned officer, personally appeared Gar4 Renninger, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITN,-?SS ?"l- F=REOt;, I hereunto set n,y acid official seal. Notary Publi N SEAL LEANN M SENSCH Notary Public VAMETOWN BOROUGH DAUPHN COUNTY Oct 4 1 23 of '3 MAY Q 8 2008 "41 KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@kopelaw.com TINA RENNINGER, Plaintiff, Vs. GARY RENNINGER, Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4571 CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this day of 2008, the attached Stipulation and Agreement d%cloo parties in this a is incorporated, but not merged, into this Order of Court, 1?the J. ATTEST: Jb 1 M Q C Q 7