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HomeMy WebLinkAbout05-4304Law Offices of Lee E. Oesterling & Associates, LLC 42 East Main Street Mechanicsburg, PA 17055 (717)-790-5400 IN THE COURT OF COMMON PLEAS OF THE 9tt~ JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH L. RENNINGER Plaintiff, v. THOMAS J. RENNINGEK, JR. Defendant Civil Action -Divorce NnTi('F T(l DFFF,ND AND CI,AiM nF RiGHTS YOU HAVE BEEN SUED IN COURT. 1 f y ou wish t o d efend a gainst the c laims s et forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFOKE 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 OFF[CE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 NOTICF. OF AVAILAR7i,iTV OF C'(liiN4FT INq THE DNORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT ONDER ANY OF THE FOLLOWING GROUNDS: 23 Pa.C.S. § 3301(a)(6) -Indignities 23 Pa.C.S. § 3301(c) -Irretrievable Breakdown; Mutual Consent 23 Pa.C.S. § 330](d) - Irretrievable Breakdown; Two year separation where the court determines that there is a reasonable prospect of reconciliation A list of man~iage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013. Telephone: (717) 240-6194. Lee E. Oesterling, LD. # 7 Attorney for Plaintiff 42 East Main Street Mechanicsburg, PA 17055 (717)790-5400 Law Offices of Lee E. Oesterling & Associates, LLC 42 East Main Street Mechanicsburg, PA 17055 (717)-790-5400 IN THE COURT OF COMMON PLEAS OF THE 9rh JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH L. RENNINGER Plaintiff. v. No. os- N.~~v Civil Action -Divorce ~~~~~~~~ THOMAS J. RENNllVGER, JR. Defendant COMPLAINT UNDER SECTION 3301(0) OR 3301 (D) OF THE DIVORCE CODE 1. Plaintiff is Deborah L. Benninger, an adult individual, sui juris, who currently resides at 124 West Portland Street, Apt 12, Ciry of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania 17055. 2. Defendant is Thomas J. Benninger, Jr., an adult individual, sui juris who currently resides at 1613 Main Street, City of Hellertown, County of Northampton, Commonwealth of Pennsylvania 18055. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this complaint. 4. The parties were married on the 7~~ day of November 1992, County of Leighigh, Corrunonwealth of Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. For purposes of § 3301(d) of the Divorce Code, the parties have been living separate and apart since on or about December 31, 2004. 8. The marriage is irretrievably broken. 9. 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. 10, Plaintiff intends to file an affidavit of consent after 90 days have elapsed from the date of service of the Complaint on the defendant and believes that defendant will also file such an affidavit. REQUEST FOR d NO-FA ULT DIVORCE UNDER ~ti 3301 (c) OF THE DtVOKCE CODE 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to § 3301 (c) of the Divorce Code. LEE E. fee E. Oesterling, L)5. # 71320 Attorney for Plaintiff 42 East Main Street Mechanicsburg, PA 17055 (717)790-5400 I verify that upon personal knowledge or information and belief that the statements made in this Complaint 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: /~.('~slt. ~l~ ~J lC.~nL'~z¢~ tiY~(.J 1 C 6" ~ ~ ~ 6` d ~~ ~Cl } ~ ~ cr T ~ ` ~ 4~~ ~ , Er , "e c` ~ Z7 ' ra >~, ~'' 'i .~, >,z, rn ~.. ~a t ~.~ %' ~- ~_ •,' N Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (717)790-5400 IN THE COURT OF COMMON PLEAS OF THE 19th JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH L. RENNINGER Plaintiff, v. No. OS-4304 Civil Term Civil Action -Divorce THOMAS J. RENNINGER, JR. Defendant PRAECIl'E TO REINSTATE /REISSUE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate and mark reissued the Complaint in the above captioned matter in accordance with Pa.R.C.P. 401. Lee E. Oesterling, ~ Attorney for Plaintiff ~~ ~~ t.7 -~.e '-{ ~-i r:'t r -c, _ -.7 ~C:` '?w.. 'S i lJ1TI V .. 4~ -t Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (717}790-5400 IN THE COURT OF COMMON PLEAS OF THE 9~' JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH L. RENNINGER Plaintiff, v. No. OS-4304 Civil Tenm Civil Action -Divorce THOMAS J. RENNIlVGER, JR. Defendant ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce, Notice to Defend and Notice of Availability of Counseling in the above-captioned matter. I acknowledge that I am the Defendant in said matter or that I am authorized to accept on behalf of the Defendant. ~'/~~o~ , DATE DEFENDANT: THO J. RENNIlVGER OR AUTHORIZED AGENT:/ ~ /~~3 ~u,.n S 7 : fi~R.~~er'7~y~.c~.~ ~ / c~. _ > Cg D ~S MAILING ADDRESS c~? ~ ~~3 ~..r ., " -~ ~ ~ - v ( _r ~t~ ... ,._.. ': i _- , i ' -~ ~-•~ ~ _' ~ ~ Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (71 ~) 79o-sa0o IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH L. RENNINGER Plaintiff, No. OS-4304 Civil Term v. THOMAS d. RENNINGER, dR Defendant Civil Action -Divorce AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on August 23.2005 2. The marriage of plaintiff and defendant is irretrievably bmken, and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I conserrt 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: ~ ~-eJ'~~.0 O~, THOMAS J. INGER, Defendant ~~? ~ ~i ~~ ~ ~~:Ya.. ~^'~~ ~ P ': i'V ~a i.._~7 '~ ~ ~ ; . f~ : _ ..,~ :'.a „~:. ; ~ .~~` "^ _ _ y • . • Y ~ ~ ~~ `~ °^~-. ~ Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT, CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH L RENNINGER Plaintiff, v. THOMAS J. RENNINGER Defendant No. OS-4304 Civil Te_r_m_ Civil Action -Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 330I(c) OF THE DIVORCE CODE I . I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division 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 CouXt 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. Section 4904 relating to unsworn falsifieatiox to authorities. Date: ~ ~ .Z,OU ~ e Thomas J. Rennmger, Defendant n r ;_, ~~ ~r : ~-- ,~ , J ^i J-~ f ~ $ : ~ _..~.. i. •,. _.. _ T tom' ~_.' / `~. ,., ~ ....: ~' T {'~~I _ , , ~~" ~"' Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17455 (717)790-5400 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH L. RENNINGER Plaintiff, v. THOMAS J. RENNINGER, JR Defendant No. OS-4304 Civil Term Civil Action -Divorce AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on August 23, 2005 2. The marriage of plaintiff and defendant is in~etrievably broken, and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service 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: f ~ _ ~Q _ a 00 fv /`~~.PiG~ A.~, `~i DEBORAH L. RENNINGER, Plainti r~.n.> y -n . , av ~'~ ~ ''~_ ( L~ ~`( ~'~ ~ ~ 1 1 -7 C`j Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (717)790-5400 IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT, CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH I.. RENNINGER Plaintiff, v. THOMAS J. RENNINGER Defendant No. OS-4304 Civil Term Civil Action -Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: l vS -~ - ~ 00(0 ~~ / ~in~~~~- Deborah L. Renninger, Plaintiff ~: C} ~~ ~-. .~ _} ~,: ~ ; ,s-~, -, ~~ -=~i '.~ • • ~'~ f~ :-~ NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT DEBORAH L. RENNINGER, Plaintiff v. THOMAS J. RENNINGER, Defendant IN THE COURT OF COMMON Pl CUMBERLAND COUNTY, PENI!~1 CIVIL ACTION -LAW N0.05 - 4304 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the court for e~ divorce decree: S OF VANIA of a 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the D~vorce Code. 2. Date and manner of service of the complaint: Complaint filed on or about ust 23, 2005, reinstated on March 17, 2006 and defendant accepted service of said complaint on April 7, 2006, (See, Acceptance of Service, previouslyfiled on April 27, 2006). 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divo e Code: By the plaintiff: December 29, 2006. Bythe defendant: September 1, 2006. (b)(1} Date of execution of the affidavit required by Section 3301(d) of the ivorce Code: N/A. (b)(2) Date of filing and service of the plaintiff's affidavit upon the defend' N1A. 4. Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file p cipe to transmit record, a copy of which is attached: N/A. (b) Date plaintiff's Waiver of Notice in Section 3301(c) divorce was file with the Prothonotary: January 29, 2007. Date defendant's Waiver of Notice in Section 3301(c) Divorce was ~ ed with the Prothonotary: October 2, 2006. ~ ~..~_ Match J, 2007 Attorney r~;t ~ ~ ri .~ ~' ~ Y i . ~.i- "i : ~ ~ .. 1=" "s _,-~ ". i Al f.• ,,.:m. ~r"~, ["C [ ." ! C.~' :..1 __ .. ~-.,~ SEPARATION AND PROPERTY SETTLEMENT AGREEMENT OF THOMAS J. RENNINGER AND DEBORAH L. RENNINGER THIS AGREEMENT, made this day of ~ .v' 28 , 2004, by and between THOMAS J. RENNINGER, JR hereinafter referred to as "Husband", and -DEBORAH L. RENNINGER, hereinafter referred to as "Wife" . WITNESSETH: WHEREAS, Husband and Wife were lawfully married on November 7, 1992 ;and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous, therefore, of entering into an agreement which will provide for support, distribute their marital property, and will provide for their mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised, Wife by her counsel, Lee E. Oesterling, Esquire and Husband having chosen not to seek counsel or having reviewed this Agreement with the counsel of his choosing have come to the following agreement. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs successors and assigns thereby, covenant, promise and agree as follows: 1. SFppRATT(~N~ It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. IlYTE FR FR F1~LOF Each party shall be free from interference, authority and contact by the other as fully as if he or she were single and umnarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried 3, WTFF,'S T)FBT~~ Except as otherwise provided herein, Wife represents and warrants to Husband that she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims and demands made against him by reasons of debts or obligations incurred by her. 1 ~. ~. 4. Hi1~RANT)'~ T)F.RT~: Except as otherwise provided herein, Husband represents and warrants to Wife that he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims and- demands made against her by reasons of debts or obligations incurred by him. 5. (~TTTfiTANT1IN~ .T(~TNT nFRT~ ANn TNnFMNTTY: The parties have no Joint Debts. Each party shall indemnify and hold the other harmless from any and all claims and demands made against by reasons of debts or obligations incurred to which that party has assumed responsibility of herein. In the event that either party contracts or incurs any debts from the date of separation, (anticipated to be December 31, 2004), the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. 6. MTTTTTAT, RFT,FA~F: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980, as amended. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now_has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to Section 202 of the Divorce Code. 7. ~TTTTART,F, T)T~TRTRTTTTnN (~F MARTTAT, PRnPFRTV• The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 401 of the Pennsylvania Divorce Code, and taking l11t0 aCCOUIIt the fOllOwing considerations: the length of the marriage; the age, health ,station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties' Illcluding but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, fiords or other property not constituting marital property. The division of 2 property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. Di4TRiRI1TinN (~F PF.RRnNAI. PRnPF,RTY The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession. Except as otherwise provided by the terms of this Agreement, the parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property of either party, which are now in the possession and/or under tl~e co-ltrol of tl~e other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of joint ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have vested or contingent right or interest at the time of the signing of this Agreement, and neither- will make any claim against the other for any interest is such benefits. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real of personal, whether such property was acquired before, during or after the marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mort~~a~~e, ur other instrument of the other pertaining to such disposition of property. 8. RF.Ai, PRnP[+,RTY Husband and Wife do not own any real property. ., ~. 9. STTPP(~RT, AT.TM(~NY ANn AI.TM(~NY PF.NI~F.NTF. T.TTF ANn NFAT TH IN4TTR ANC'F,: Husband agrees to provide maintenance and support to Wife as follows: Starting November 1, 2004 until December 31, 2005 Husband shall pay to V~ife the sum of $1510.00 per month. From January 1, 2006 until December 31, 2006 Husband shall pay to Wife the sum of $1380.00 per month. From January 1, 2007 until December 31, 2007 Husband shall pay to Wife tl~e sum of $1,000.00 per month. From January 1, 2008 until December 31, 2008, Husband shall pay to Wife the sum of $900.00 per month. Additionally, Husband shall reimburse Wife 100% of the monthly premium for health insurance coverage through her employer in perpetuity. Should wife become unemployed or no longer have health insurance benefits, Husband will pay 50% of the health insurance plan of Wife' s choosing indefinitely or until Wife remarries. All payments shall constitute maintenance and support and it is clearly understood by the parties that Husband' s obligation in this regard would be non-dischargeable in any subsequent bankruptcy proceedings. All payments shall be made in the month they are due by direct deposit to an account of Wife' s choosing. Should Husband fail to make timely deposits Wife may at her election have this agreement entered as an Order of Court with the appropriate Domestic Relations Office. 10. PFNST(~N PLAN: Wife shall receive 70 % of the present value of Husband' s pension as of December 31, 2004. In any event the amount shall be no less than $58,033.00 or 70% of the principal value (.70 x $82,904.88) as of December 27, 2004. Husband shall sign any necessary releases for all retirement accounts, including but not limited to pensions, IRA' s, 401(k) plans etc. to allow Wife' s counsel to prepare and file a Qualified Domestic Relations Order (QDRO) directing the transfer of the aforementioned fiords to a retirement account of Wife' s choosing. Should husband declare bankruptcy at anytime during the effective term of this Agreement and prior to distribution of fiends by the aforementioned QDRO, the distribution will convert to alimony payable at 6% interest per annum over 5 years or $1 121.94 per month notwithstanding the payment of any other maintenance or support under this Agreement. Wife has no pension and Husband waives any interest in any pension she may acquire after the date of separation. Wife shall receive as her own property the 1997 Dodge Neon. Wife shall be responsible for all costs associated with the registration, insurance, licensing and upkeep of same. 12. C'(~ITNSFI, FF,F4 ANT) F,XPFN~Ffi: Except as otherwise provided herein, Husband and Wife Acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of tl~e parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in frill and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other .for alimony pendente lite, counsel fees or expenses or any other provisions for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment beriveen the parties. 4 13. WATVF.RS nF ~T,ATMS ArATNRT F.STATF4• Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes a~ay and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, intestate share, right to take against the will of the other, and right to act as administrator or executor of the others estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 14. ST1R4F(~TTF.NT niV(~RC'F: Wife will file a no-fault complaint in divorce against Husband. Husband and Wife each agree to jurisdiction of the Court of Common Pleas of Cumberland County. In the event such divorce action is concluded, the parties shall be bound by all the terms of this Agreement ~~hich may be incorporated by reference into the Divorce Decree, shall not be merged into the Divorce Decree, and shall not be modified, but shall in all respects survive the same and be further binding and conclusive upon the parties. It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted and prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent shall affect or modify the financial terms of this Agreement. This Agreement may be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 15. BI~FA~H ANI~ FNFnRC''FMFNT If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other such remedies or relief as may be available to him or her, and the party breaching this Agreement shall be responsible for pa~•ment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. A. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the around that there is an adequate remedy at law. the parties to not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of Equity in mutual recognition of the present state of the law, and in recognition of the General jurisdiction of Courts in Equity over agreements such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the ter-ms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and 5 disposition of such case and so as to avoid delay. C. Each party further hereby agrees to pay and to save and hold harmless tl~e other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in consequence of any default or breach by the other of any of the terms or provisions of this agreement by reason of which either party shall be obliged to .retain or engage counsel to initiate or maintain or defend proceedings against t11e other at law or equity or both in any way whatsoever; provided that the party seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect or enforce his or her rights under this Agreement. 16. AnT)ITinNAi. TNSTRTTMF.NT~• Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all fi-rtl`~er instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 17. V(~T,TTNTARY F.XF,(-'TTTT(~N~ The provisions of this Agreement and their legal effect have been completely reviewed by the parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been fi-rnished with all information relating to the financial affairs of the other which has been requested by each of them. ~` 18. FNTTRF. AC:RF.FMFNT• This Agreement contains the entire understanding of the parties and there are no representations. warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wite acknowledge and agree that the provisions of this Agreement with respect to the division and distribution of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 401(d) of the Divorce Code or any other laws. Husband and Wife voluntarily and intelligently waive and relinquish ally right to seel: a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing any provision of this Agreement. F 19. nI~~I.~~IrRF~ Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to .the other party of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party or every type whatsoever _and of all other facts relating to the subject matter of this Agreement. 20. MOnIFIC'ATinN ANn WAiVFR• A modification and waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same forrrtality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 21. PRInR A(iRFF,MF.NT~ It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 22. nF~(•'RTPTTVF HF.An1NCi~• The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 23. INnF,PF,Ni)F.NT SF.PARATF (''f)VFNANT~• It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 24. APPI.iCARi.F i,AW• This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 25. Vim C'.r,AITSF4r If any terms, conditions, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in frill force, effect and operation. 26. A(iRF.F.MFNT RINniN(; nN HF'TRS• This Agreement shall be binding and shall inure to tl~e benefit of tl~e parties hereto and their respective heirs, executors, administrators, successors and assigns. 7 • R Y IN WITNESS WHEREOF, the parties hereto have set their hand and seals the day and year first above written. • ~'n-''~-L'>'1 ~ ~ (SEAL) Deborah L. Renninger ~' ~ ~ ~ (SEAL) Thomas J. Renninger, Jr. R TOM RENNINGER 7177960375 01126106 05:15pm P. 001 ~.~~__ .i~•i':~ iia,i]^ _ _r.T~_r; lr~~.. %i~y~~~v .L-1~1L~r.t ;~-;tiTs l`"~fl1'4' t~taC,_ t~~ ,t1~,~,~LSLt~c1~...~.~ .,.._.___. ~'~Q`. the E~:t:~'lie5 ILA the ~f~ci~a~ . S~:tt~e~.'tet~t r'~fircclrn:nt ~datad I,~ecember 2~, 2~~?ri . ~'hc~n•..~.~ a.. ~.rn~i„•~cr ,tr. 1 att~s~:~ncf :end ~e~ara 1~. Ren~in~~cr. ~,~-'it+e EnQdily~ sags ~.~reemer~i its ac:cc~;;3~:nce ti~~at#1 ~,~~; a~raE~l.~ "'Q ~rL~;~~atdi~--~: ~~~#a:;~-c~ue~ nZC~cii.f icat ii.~is s~ ~u~ ~~ti'~s: ~~~'1as°~~xb~ 9 j~:~m~azc~:d to_si,~t~ th~~t t~ilc~:-11~ sh€~1.1 n~~~ ~3wU.+.~,~ t.+er;a~:,~r ar.t#~ cctc~~valrtt.t of ~~.Gi~.4.~3 i~. sut?~t~r~tia#~t•~• ~~c~~»3 g~.ymenf=. i9-crl~1 l:.tirtt~~a-~. #. ?~~~ alir.~~Li~h ~'?cee~l~~it~ 1, 7~il~t ,t~ facfiir:3i#c ~~r ~4~~i~c~~ xi~;~tttre shs~~ b~ :~; c~t1-~~i~~~; zt~ ~~~ ~n~;inal ~i~:t~;ttiur~ f~~r thr purp~5e o~ t~~s n~udiSica~iota. "['1~i~ mc~~ti#=~c.~Ci~n is ir~ccsrpor~ted bL• r:tet~-x:c X~a t~zc: <~f'c~~-c~~nti~~c~ ~Ttyrital 4L,tt~ec~nt ~~~'c"cnlrnt axed ~ttialt be iilect v~`i1}S :~.~Sifr .1t t'l_1P ~Z~3?~ t:~r ~t~tr+~r nt• ~ ~~,~f•~'et.?. ;-, ~a ~ •,~~.•1. i;~ 1~'~'!`~~;5.~ ti'~'~.~.ki~:C)F•, tie p4iTtic•s l~er~(~~~ ~a.:tk•C' pct I~kir ~':;.~nt::~nt~ ~:It 1~ the da~~ Rtt~d ~~e~r• #~rtit ~l~t~e +~•~it~e~. . ~• ~'4v~vn,~,n cwy _ /-3(J-Ub ~SEA,Lt #'Actx~r~h .~. Rc~onin.~~.r ~_ 'i'ho~ ; ~~s ~, cranirr~~r, 3 (, s ~S~.aT,~ ~? ~ C7 - . _ M.. ~ ."J ~ _"i i j ~. 4' :~ : ~.) r ~ t -- __-., -~ ..,., IN THE COURT OF COMMON PLEAS Deborah L. Benninger OF CUMBERLAND COUNTY STATE OF l PENNA. ~ ~ ~, ~. _~:;_, VERSUS Thomas J. Benninger 2005 NO. 4304 DECREE IN DIVORCE AND NOW, ~ 4II~I~''~-`--~ ~+~, iT IS ORDERED AND Deborah L. Benninger DECREED THAT PLAINTIFF, Thomas J. Benninger AND 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 ~, L~• ~ ` ~ Lam, ~ ~~' r ~, '' ~- Q(~ ~nR 12 Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (717)790-5400 IN THE COURT OF COMMON PLEAS OF THE 9t~ JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH L. REN1~iINGER Plaintiff v. THOMAS J. RENNINGER Defendant No. OS-4304 Civil Term Civil Action -Divorce ORDER AND NOW, this~~.7 day of ,2007 It is Ordered and Decreed that the Mazital Settlement Agreement Dat December 28, 2004 and the Addendum of January 2b~' 2005 duly filed in the above captioned matter are incorporated and not merged with the Decree in Divorce dated Mazch 6, 2007 and thereby made an ORDER of COURT as if fully set forth therein. BY THE ~ J. >-- `° m r Ki ~ -s -. i~ r ~... _ Ca, - ti` - t -- ~ t..:~ L~~ ~~ C~ J ~- .. ~ '-`- ~ w"n`- ' ~~ ~. 'LL3 i~~ ; -' ~ r- ~"_: ~ c+.t DEBORAH L. RENNINGER, Plaintiff v. THOMAS J. RENNINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 2005-4304 CIVIL TERM CIVIL ACTION DIVORCE REQUEST FOR APPROVAL OF QDRO AND NOW comes the Plaintiff, Deborah L. Renninger, by and through her attoeny, Thomas D. Gould, and requests that this honorable court approve the attached QDRO based on the following facts. 1. The Plaintiff and defendant entered into a Separation and Property Settlement Agreement (Agreement) dated December 28, 2004. 2. The Agreement was modified by the parties on January 26, 2006. 3. On March 6, 2007 the Honorable Edgar B. Bayley signed a Decree in Divorce. 4. On March 13, 2007 the Honorable Edgar B. Bayley made the Agreement as amended an Order of Court. 5. Paragraph 10 of the Agreement provides that Wife is to receive a portion of Husband's pension plan through a QDRO. 6. The parties have signed Husband's pension plan approved QDRO. A copy of the QDRO is attached. WHEREFORE, the parties request that this honorable court approve the QDRO. /w .~ . ~~~~trr,~/ Thomas D. Gould, Esquire I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 r-~ -r~ --° ~ ~' ~~ '7 ir- ^" ,+... ,,,~ } ~ ~y ~'1 ~, ~ ..f.~ f..-- ~ y ~ ~ ~_ , `~, y DEBORAH L. RENNINGER, Plaintiff v. THOMAS J. RENNINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 2005-4304 CIVIL TERM CIVIL ACTION DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, pursuant to Section 414(p) of the Internal Revenue Code, this qualified domestic relations order assigns a portion of the benefits in the plan named below from the participant to the alternate payee in recognition of the existence of the alternate payee's marital rights in the participant's plan benefit; NOW, THEREFORE, IT IS HEREBY ORDERED, that the following plan dispositions be made: I. The plan participant is THOMAS J. RENNINGER and the participant's last known mailing address is 1613 Main Street, Hellertown, Pennsylvania 18055. 2. The alternate payee is DEBORAH L. RENNINGER and the alternate payee's last known mailing address is 115 East Portland Street, 1 S` Floor, Mechanicsburg, Pennsylvania 17055 3. This order applies to the AP Exhaust Products, Inc. 40 1(k) Pension Plan (and any successor plan). } ~ ~ ~ 4 4. The employer is AP Exhaust Products, Inc. (and any successor employer). 5. The plan participant, THOMAS J. RENNINGER, whose social security number is 187-58-1812 ,was born on May 12, 1961. 6. The alternate payee, DEBORAH L. RENNINGER, whose social security number is 210-44-5926, was born on June 27, 1952. 7. The Committee is hereby directed to segregate into a separate account for the alternate payee $ 58,033.00 from the participant's total vested interest in the plan as of December 31, 2004. 8. Distribution to the alternate payee from the plan shall commence at any date consistent with the terms of the plan elected by the alternate payee with reasonable written notice to the plan of no less than thirty (30) days. It shall be the sole responsibility of the alternate payee to notify the employer when benefits are to commence. 9. The alternate payee shall not be treated as a participant for purposes of determining the amount of trust gain or loss, if any, allocable to the amount segregated on behalf of the alternate payee from the segregation date until the date of distribution. 10. Payment of the benefit due the alternate payee shall be made directly from the plan to the alternate payee or, if allowed by applicable law, to another eligible retirement plan if so directed by the alternate payee. 11. In the event of the alternate payee's death prior to the commencement of payment hereunder, the amount in the segregated account shall be paid to the alternate payee's designated beneficiary. Y ~ 12. For purposes of this order, the term "beneficiary" shall mean any individual or entity named by the alternate payee in a written notice to the employer or, in the absence of any such notice, the alternate payee's estate. 13. All distributions to the alternate payee or designated beneficiary shall comply with any applicable minimum distribution provisions of Section 401 (a)(9) of the Internal Revenue Code. 14. In the event of the alternate payee's death after commencement of payment hereunder but prior to payment of the entire benefit, any remaining payments under the form of benefit elected by the alternate payee shall be paid to the alternate payee's beneficiary or, in the absence of a designated beneficiary, to the alternate payee's estate. 15. In the event of the participant's death prior to commencement of payment to the alternate payee, the alternate payee shall remain entitled to the segregated account. Distribution of the participant's vested interest shall be made to the participant's beneficiary pursuant to the plan's provisions. 16. This order shall not require the plan to provide any type or form of benefit, or any option, not otherwise provided under the plan. This order shall not require the payment of benefits to an alternate payee which are required to be paid to another alternate payee under any other order previously determined to a qualified domestic relations order. The order shall not require the plan to provide increased benefits; if the order could be so interpreted, then in order to retain its qualified status, the order shall instead be interpreted in a manner which would not require the payment of increased benefits. r • s 17. This order is drawn pursuant to the laws of the State of Pennsylvania regarding the equitable distribution of marital property between spouses and former spouses in actions for dissolution of marriage pursuant to 23 Pa.C.S. Section 3502. 18. This order shall comply with any other changes required by law. 19. This Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. ACCEPTED AND ORDERED this day of , 2007. CONSENT TO ORDER: THOMAS J. NNING R DATE DEBORAH L. RENNINGE DATE ~. (°•~ ~ f._l° Li- ~~ ~~ .... ,; C'~J :.L.~ i..:..- ~ r- ~- ~ ~ __~ C~3 ~I ~ LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supn:me Court ID: 200139 3800 Market Street Camp Hill, PA 17011 PH: (717) 591-1755 F: (717) 591-1756 tsaylor(ci~pjrlaw.com Attorneys for Defendant DEBORAH L. RENNINGER Plalntlff, v. THOMAS J. RENNlNGER Defendant F~~~' -~ ~F T~;c r ` . >: ;,... ~y' _.. ~ fa IN THE COURT OF COMMON PLEAS OF Cl1MBERLAND COUNTY, PENNSYLVANIA CML ACTION -LAW NO. 2005304 CIVIL TERM IN DNORCE SECOND ADDENDUM TO THE SEPARATI~1 AID PttOPERTY SETTLEMENT nLaRE'€,MENT OF THOMAS J. RENNINGER AND DEBORAH L. RENNINGER WHEREFORE, the parties to th~ Second Addendum t'D the Separation and Property Settlement Agreement of Thomas J. Renninger and Deborah L. Renninger (hereinafter "Addendum No. 2') are Deborah L. Renninger (hereinafter "Wife') and Thomas J. Renninger (hereinafter "Husband'). WHEREFORE, said parties entered into the Separation and Property Settlement Agreement of Thomas J. Renninger and Deborah L. Renninger on December 28~', 2004 (hereinafter "PSA'). WHEREFORE, said parties entered into an Addendum to Marital Settlement DLR .DLL. TJR TJ R Agreement on January 26, 2005 (hereinafter "Addendum No. 1 °). WHEREFORE, due to a change in circumstances, it is the desire of both parties hereto to amend only those paragraphs of the PSA and Addendum No. 1 that are set forth below, with all other provisions of the PSA and Addendum No. 1 remaining binding. NOW THEREFORE, in consideration of the mutual promises and covenants expressed herein, AND INTENDING TO BE LEGALLY BOUND HEREBY, the parties agree to amend the PSA and Addendum No. 1 as follows: 1. Addendum No. 1 shall be stricken in its entirety. Paragraph 9 of Page 4 of the PSA shall be stricken in its entirety and shall be replaced with the following: Beginning on July 1, 2010, Husband shall make consecutive monthly payments to Wife on or before the first of each month in the amount of $175.00. All of said payments shall (a) constitute maintenance and support, (b) be sent via regular US mail to Wife's last known address, and (c) cease upon the first happening of the following: Wife's death or Husband's death. It is speafically agreed by the parties that said payments shall not be dischargeable in bankruptcy. All other terms shall be given full force and effect and remain binding on all parties hereto. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. 2 DLR ,DLIe TJR The parties to this Addendum No. 2 have hereunto set their hands and seals on the ~}-h day of ~U l u , 2010. ~ ~/~ ~• /QenvK,tnt..g,~,~ (SEAL) Deborah L. Renri~nger ~ (SEAL) Thomas J. enninger, Jr. Date: D y - 0 (v -x010 Date: 7 F ~Z ~~ O WITNES ~,~/ WITNESS 3 DLR ~ ~ ~„ TJR J COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF ~ 1~1~Y ((1(l~ On this, the ,~,~'~ day of 2010, before me, a Notary Public, the undersigned officer, personally appeaYed Deborah L. Renninger known fio me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and Notarial seal. My Commission Expires ~ ~ (y ~2 p 12 o ry Public NO~MMt IfAt ua~t ~trscu Ne~ay -ueae ~avat a~+s twit cuwo c~rtr STATE OF MARYLAND ~ ^ Expo ~ ~ 4~ zot z SS COUNTY OF f ~~e(tG~ . ---, On this, the ~_ day of ~ 2010, before me, a Notary Public, the undersigned officer, personally ap Thomas J. Renninger, Jr. known to me (or satisfactorily proven) to be the person whose name is subscxbed to the within instrument, and acknowledged that he executied the same for the purpose then~in contained. IN WITNESS WHEREOF, I hereunto my hand d Notarial seal. My Commission Expires N ry Pu lic p- 2~ ^7a 1 ~ 4 DLR L12, TJR `1"