Loading...
HomeMy WebLinkAbout95-00477 ..~ 8 . . " , '.1 r .. . . . , ':.:".:.~., .:.:.. .:+:.'.:+:-' .:.:. .:.:. .:+:. .:<<. .:+:. .=-:.-,:+:. .:+:.- .:.:..:+:. .:+:. .:+:.- .:+:. .:+:. .:+:,-:-:'.:+:.::-:+:-:;.:.:.::.:+:.;.,:+:-:.:+:<.:+:,':<+;.::<.:-::.;~ .. ~ ~ ~ y ~ ~ ~ : IN THE COURT OF COMMON PLEAS : w ~.' OF CUMBERLAND COUNTY ~ ~~t ~~~ ~ '.' ~ ~.f ~ " STATE OF PENNA. w '.~ w '.' ~IARL\N S. 1lIltMffiolAN, II I I[ N n. ",9~..':':..m...., ......,.......... 19 i '.' w '.~ Plaintiff w ~.' Vl\I':HIS w ~.~ , QJARIiE. V. JlRE}lNE}1AN. :1 , I, ~ w '.' , " fufendant ,', .'. ~ ~ ~.' w '.~ ~.; ~ " ~ ~.; .', ~ ~ ~ :~ ~ ~ ~ ~ ... DE CR EE 'i:: 1,of, AND NOW, H .J{jH~7. ~ ~ ~ 1~:-' ;1 ;~~d.'ed an~ ' decreed that.... . ..,..,.~,~: .~~..... ... ................, plaintiff, and ..... ..,.. ..... ...,9~ Y:,~~.... .......,.. ........, defendant, are divorced from the bonds of matrimony, 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; It is further auElED, AIl.JlJJ:GI:JJ nnd IlIDID'D that the tCl1lB, conditions and provisions of a . rertMIi Hli'ithl'ScUlrneif 'Agicirbhf 'ooli.reh' ilit! i>J.it'ics'daled 'June '29; '1'999; 'ahd 'attilCml. . .~!l~Q" !l!"l,' .4v;:Q~~!'!)t~.lI1.tl*l,~t;t'!!,l1J .D~YQIH!,~y' 1V(~q ~Ju).~y ,a,s.~( .LlllI.~.~ sat forth herein at length. Said Ag\"OOlClt shall oot "erge with wt shall survive this fu:rce in Divorce. ~ ... ;.~ ~ $ ;;, ~ ~ ,', ~ f.' (J. .;, ... ,0, ~ !f! " ~ ~.~ ." ~ ~ :. ~.; :, ~ '.~ ,', ~ ~ '.~ Q '.~ ~ ~.~ ~ .. r~ .', ~ ~ ..~ ~ '.' .', ~ M , iO; W :~ .', ~ " ." ~ w. ~.~ ~ '.~ w. ~.~ ~ '.' w. ... .. ~ s ~ ~ ',' s w ~.' ~ ~ ~M__ .'..to> "'~:'. ow. J. I~ I~ l~ I.~ '.' , ,~ .:~:. .:.;. .:.;. .:.;. .:.:. .:+:. .:+:.' IJrnthonUIi\ry - ... ;. .:+:. .:+:. .:+:. .:.:. .:+;. .:+;. .:+:. .:+:. .:+:. .:+:. .:+:. .:+:. .:+:- .:+:. ". '., , !'3 if &vi. ,dP;y ,;#?J1,; .. ~ .?tlf i61.Ep 5']. tJf J;;.~I~e:r' Z, 1 ~7 . ~ . . . - " "*" . . MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this~ay of -S()~ ,1999, by and between CHARLES V. BRENNEMAN, of Cumberland County, Pennsylvania, and MARIAN S. BRENNEMAN, of Cumberland County, Pennsylvania; WITNESSETH: WHEREAS, Charles V. Brenneman (hereinafter referred to as "Husband"), social security number 193-36-3821, was born on October I, 1946, and presenlly resides at 194 Konhaus Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055; WHEREAS, Marlan S. Brenneman (hereinafter referred to as "Wife"), social security number 195-38-9081, was born on November 22,1947, and presently resides at 194 Konhaus Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055; WHEREAS, the parties hereto arc husband and wife, having been lawfully married on March I, 1969, in Cumberland County, Pennsylvania; WHEREAS, the parties have lived separate and apart since on or about June 1994. WHEREAS,two childrp,n were born of the marriage between the parties, both of whom now are emancipated adults; WHEREAS, the parties hereto arc desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all mailers between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the sellling of any and all claims and possible claims by one against the other or againstthcir respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, . . - ,I' . the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection (Cindy S. Conley, Esquire for Wife and Howard S. Knlg, Esquire for Husband). Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact ofthe Pennsylvania Divorce Code, whereby the court has the right and duty to dctennine all marital rights of the parties including divorce, alimony, alimony pel/dcllle lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging that the tenns and conditions set forth herein are fair, just and equitable to each ofthe parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any detennination or order affecting the respective parties' rights to alimony, alimony pel/e/cllle lite, support and maintenance, equitable distribution, counsel fees and costs oflitigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seck discovery, including but not limited to, writlen interrogatories, motions for production of documents, the laking of oral depositions, the filing of inventories, and all other means of discovery pennilled under the Pennsylvania Divorce Code or 2 I, =1 . - the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, eamings and income of the other assessed or evaluated by the courts of this commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respcctive income, assets and Iiabilitics, whether such arc held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, durcss, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and 3 ,. I " ; i i I Wife shall not molest, harass. disturb or malign each other or the respective families of each , I I: I other, nor compel or allemptto compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or herealler acquired by the other. 4. MUTUAL CONSENT DIVORCE. It is the intention ofthe parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. The parties acknowledge that on January 27, 1995, Wife initiated a divorce action under, il/ter alia, the no.fault provisions of the Divorce Code by filing a complaint docketed at number 95.47 in the Cumberland County Court of Common Pleas. The parties acknowledge that the ninety (90) day waiting period provided for under ~3301(e) of the Divorce Code has expired. Therefore, contemporaneously with the execution ofthis Agreement, each party will sign an Affidavit of Consent to Divorce and Waiver of Notice of Intention to Request Entry of Divorce Decree and deliver same to counsel for Wife, who shall promptly submit said affidavits and waivers to the court, along with a Praecipe to Transmit Record, Vital Statistics Fonn and any and all other documents necessary to precipitate the prompt entry of a divorce decree. It is the intention of the parties to obtain a decree as soon as possible afier execution of this agreement. 5. EOUlTABLE DISTRIDUTION. (a) Marital Residence. The parties acknowledge that Husband is the titled owner of that certain house and lot and all improvements thereupon situated al 194 Konhaus Road, Meehanicsburg, Cumberland County, Pennsylvania, 17055 (hereinaller referred 4 . \ to as the "Marital Residence"). The parties agree as follows with respect to the Marital Residence: (I) Wife shall waive any right, title and interest she has in the Marital Residence and Husband shall be and remain the sole and exclusive owner of the Marital Residence. (2) Commencing on the execution date of this Agreement, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held hannless from any liability, cost or expense, including actual attomeys fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in the Marital Residence. (3) Upon receipt of the lump sum payment due Wife pursuant to paragraph 5 (g) below, Wife shall within thirty (30) days of receipt thereof, vacate the Marital Residence. (b) Fllrnlshlnlls and Personaltv. (I) The parties agree that they have divided by agreement between themselves all fumishings and personalty located in the Marital Residence including all furniture, fumishings, antiques,jewelry, rugs, carpets, household appliances and equipment and that such agreement is clearly set forth on Exhibit "A" which is attached hereto and incorporated by reference herein as if set forth at length. 5 ,A (2) Exccpt as uthcrwisc sct forth hcrcin, Wife shall rctain, as hcr sole and scparate property, free of any and all right, title, claim or interest or Husband, all of the pcrsonalty and rumishings to which she is entitled pursuant to Exhibit "A." In addition, Husband shall, simultaneously with the execution ofthis agreement, return to Wire the silver plated tea service which is currently in Husband's mother's possession but which is actually the property or Wire's mother. (3) Except as otherwise set forth herein, Husband shall retain, as his sole and separate property, rree of any and all right, title, elaim or interest orWire, all of the personalty and rumishings to which he is entitled pursuant to Exhibit <lA." (d) Motor Vehicles. The parties agree that each shall retain as hislher sole and exclusive property, any and all motor vehicles in hislher name and possession, subject to any indebtedness pertaining thereto. The parties acknowledge that they own jointly a 1985 Cadillac automobile. Upon return of the silver plated tea service mentioned in paragraph 5 (b) above, Wire shall, at Husband's request, execute the title transrerring all of her right, title and interest in the 1985 Cadillac to Husband and thereafier, said vehicle shall be the sole and exclusive property of Husband. (e) Life Insurance. Wire and Husband each hereby specifically rcleases and waives any and all right, title, claim or interest that he or she may have in and to any and all policies or insurance owned by or insuring the lire oCthe other, including cash surrender value, irany and also specifically to include a waiver of any beneficiary designation thereunder. (I) Pension and Retirement nenents. Wire and Husband specifically releases and waives any and all right, title and interest her as she may have in and to any retirement benefits (including but not limited to pension or profit sharing benefits, deferred 6 . .\ compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement aceounts and other similar benefits) of the other party. Husband speeifically acknowledges that he is waiving any right, title and interest he may have in Wife's Carlisle Hospital and Health Service Employee's Retirement Plan. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar aet that may be required from time to time to aceomplish the purposes ofthis subparagraph. (g) Lump Sum Payment to Wife. Simultancously with the execution ofthis agreement, Husband shall pay to Wife as and for equitable distribution the sum of $50,000.00. (h) Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (I) Property to Wife. The partics agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the temlS of this Agreement. Husband hereby quitclaims, assigns and eonveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. (j) Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from nny c1nim of Wife, the property awnrded to him by the temlS of this 7 . "', Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. (k) Assunmtion of Encumbranccs. Unless otherwise providcd herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the effective date of this Agreement. Each party agrees to indemnify and hold hannless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because oCthe debts, encumbrances or liens assumed by the other pursuant to this Agreement. (I) Liabllitv Not Llstcd. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shaIl become due, and to indemnify and hold the other party and his or her property hannless from any and all such debts, obligations and liabilities. (m) Indemnification of Wife. Ifany claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not weIl.founded, and indemnify her and her property against 8 ... " any damages or loss resulting therefrom, including, but not limited to, costs of court and actual allomey's fees incurred by Wife in connection therewith. (n) Indemnification of Husband. Jfany claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any sllch claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual allomey's fees incurred by Husband in connection therewith. (0) Warranty as to Future Oblll!atlons. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property hannless from any liability, loss, cost or expense whatsoever, including actual allomeys fees, incurred in the event of breach hereof. 6. W AIVER OF ALIMONY. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pClldcllle /i/c, support and/or maintenance or olher like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seck modification of the tenns ofthis paragraph in 9 ,,., a court oflaw or equity, it being understood that the foregoing constitutes a final detemlination for all time of either party's obligation to contribute to the support and maintenance of the other. 7. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 8. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution dale of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights savcd or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 9. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his amI her intention to revoke by the tenns of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the 10 " I .., event the other party continues to be named as beneficiary and no ahemate beneficiury is otherwise designated. the beneficiary shall be deemed to be the estute of the deceased party. 10. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution oflheir us sets and liabilities pursuant to 93502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthennore. except as otherwise provided for in this Agreement. each of the parties hereby specifically waives. releases. renounces and forever abandons any claim, right. title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However. neither party is released or discharged from any Obligation under this Agrcement or any instrument or doeument executcd pursuant to this Agreement. Husband and Wife shall hereafter own and cnjoy independently of any claim or right of the other. all items of personal property, tangible or intangible. acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. (b) Each party hcreby absolutcly and unconditionally releases and forever dischargcs the other and the cstate of the other for all purposes from any and all rights and obligations which either party may havc or at any time hereafter has for past, present or future support or maintenance. alimony pel/rlel/te lite. alimony. equitable distribution. counsel fees. costs, expenses, and any other right or obligation. economie or othcrwise, whethcr arising out of the murital relationship or otherwise. including all rights and benefits under the 11 _" I " the marital estate, and each party will allow the other party access to those records in the evcnt of tax audits. 12. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 13. SEVERABILITY. Ifany provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 14. BREACH. If either party hereto intcntionally and knowingly breaches any provision hercof, the other party shall have the right, at his or hcr election, to sue for damages for such breach, or scek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all actual and reasonable costs, expenses and legal fees incurred in the enforcement of the rights of the non- breaching party. 15. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be decmed a waiver of any other breach or any provision of this Agreement. 16. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registcred or ccrtified mail, return reccipt requested. Notice to Husband will be sufficient ifmade or addressed to the following: 13 . ~., ' ~ . '" " . -:: . -,', " ,.'. '. .' . ..~ --:--: . , .' _.__. -""I"" - '. . ""i, .. I, Charles V. Brenneman e/o Howard B. Kmg, Esquire Pureell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 and to Wife, if made or addressed to the following: Marian S. Brenneman c/o Cindy S. Conley, Esquire Howett, Kissinger & Miles, P.C. P.O. Box 810 Harrisburg, P A 17108 Notice shall be deemed to have occurred upon the date received by the recipient. Eaeh party may ehange the address for notice to him or her by giving notice of that ehange in accordance with the provisions of this paragraph. 17. APPLICABLE LAW. All acts contemplated by this Agreement shall be constmed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conniet of law mles applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 18. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 19. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the exeeution date. 20. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a 14 '. . . ~ reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the tenns hereof unless the parties in writing execute a statement declaring this Agreement or any teon of this Agreement to be null and void. 21. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 22. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 23. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attomey of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties coneeming the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 24. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. Ifeither party unreasonably fails on demand to comply with these provisions, that 15 . '. " '\ party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 25. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in cquity under this Agreement as an independent contract. Such remedies in law or equity arc specifically not wai ved or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. WITNESS CHARLES V. BRENNEMAN WITNESS ~a. \ "-CWo.. ~. ~ ^^ !VvyI.Ov'\.r' M IAN S. BRENNEMAN 16 . '", ", COMMONWEALTH OF PENNSYLVANIA COUNTY OF \::\,' n L'!'-.. If ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared CHARLES V. BRENNEMAN known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. 'lOJL GIVEN UNDER MY HAND AND SEAL OF OFFICE this d..I- day of -s; ) 1\-..9....__ . 1999, /' /f!L/J/L' ~~~a"r Commonwealth of Pennsylvania Typed or printed name of Notary: My CHERYL L, DoV~RE, Notary Public ru lM~ri1l~phln Coun mllijon~E"i ires a 1.2002 17 . i i O:""'l .., . COMMONWE~TH OF PE.NNSYLVANIA COUNTYOF~-r',.., ' ,'\A ( .:J.... ..--...- - ~ -- ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared MARIAN S. BRENNEMAN known to me to be the person who executcd the forcgoing instrument, and who acknowledgcd to me that she cxeeuted samc for the purposcs and considerations thercin exprcsscd. GIVEN UNDER MY HAND AND SEAL OF OFFICE thisc2l\'~ day of :~'u.L ,-- ,V." '-_/ ~ ,1999. . \ My commission cxpircs: NOTARIAL SEAL DEBRA M. SHIMP. Notary pubn. Hltlisburg. Dauphin Counly. PA M Commission Ex I,.s Au ,23. 2001 . . '" ...... TO HUSBAND 14K Gold Necklace Gold Ring with Diamonds Cedar Chest (Jerome's Bedroom) ) d CI . (Jerome's Bedroom Desk an lair . B d ("Pink" Bedroom) Chest Highboy, Mirror, e ) Two End Tables ("Pink" Bedroom Two Lamps ("Pink Bedroom) Bookcase ("Yellow" Bedroom) Picture above Fireplace Two End Tables Two Lamps , Picture Frames beside Pallo Doors Green Refrigerator GE 1986 Table, 6 Chairs . Green Laundry Room Metal Cab met TV in Pink Bedroom Freezer One Rocker C b' t Eight Door Wooden Storage a me Train Set Toy Tractors Mitre Saw Power Equipment Tools, d h) Lawn Mower (riding an pus Lawn Sweeper Horse Trailer Tractor Trailer Shed Antique Parts Motorcycles Vehicles Dolly Welder Bicycles ~~m.~C.~t;.{I~r7?, J""7~ Q,fo,r- f ~/ J At/tl, Ctlr;ql~ I B/Jr1Ci.S ... jIJ)V) ow 6~17S t1 lit; I!~ IW. P,'lIiiI'" I j'Jh1i V i54lhs QT'tft J""f ,Op>~ u. sttll~ (;vI 6? )~ E.>, ),J'1i/P AJ ( tim, A, l?r 7i, 11m!. ;J LL t:i/.7> {" /)J ~t EXIl'BIT "A" 7,(, h""f I l'Ie),'':! -;A"nJoY-M I,<J(. f'il~ C;g . .." . ", . TO WIFE Wedding Ring Gold Chann Bracelet 18K White Gold Ring with European Cut Diamond Wedding Band Yellow Gold Ring with Citrine Pearl Necklace Ruby Ring 18" Gold Chain Diamond Earrings Pearl Ring , Scarab Bracelet Rose Quartz Scarab Bracelet Towle Sterling Silver King Richard Pattern Two Dressers (Chad's Bedroom) Mattress and Boxspring (Chad's Bedroom) Hr.adboard (Chad's Bedroom) Bedroom Suit (Jerome's Bedroom) Two Figurines ("Pink" Bedroom) Bed and End Table ("Yellow" Bedroom) Cedar Chest ("Yellow" Bedroom) Marble Top End Table ("Yellow" Bedroom) Computer IIC ("Yellow" Bedroom) Dining Room Table, 6 Chairs Hutch and BulTet Contents ofHlltch and BulTet Hummel Plates Glassware, Candles and Candlesticks Pewter Tea Service Two Pewter Vases Pewter Candlesticks, CandlesnulTer and Cup Dining Room Knick-Knacks Pendulum Clock Oversized Gold Chair One Massage Heater, Lounger Red Couch Swivel Rocker Ottoman Copper Kettle One Rocker EXHIBIT "A" , , Child's Rocker Child's Highchair Fireplace Stuff Milk Can TV Pictures Kitchen Aid Mixer Microwave Tupperware Hand Mixer Blcnder Bread Maker Pasta Maker Fryer Rice Cooker Grill/Warne Maker Iron Pots and Pans and Utcncils Toaster 13"TV 20"TV 25" Console GE 25" Zenith 25" Non-Remote Two TVs Non-Remote Yellow One Chair Blue Pinstripe Toys, Books, etc. above Garage -.. O' f;' ir; .:J ~ i ~~ ~~ ~") .:( \I.1~~ I ):,~ C. "' ~- :~.: '. ~l ~':' Li: ~,' C\.. ,~\~j I' .... .-\ ,'," f 1(. \.0 ,;) J, ' , ,);' ('oj I ~ ,. -i'l I(IJ " _0 \l\. I --'J '; .' <1' r.) <T' 0 d to.. < Q.; 0~1iI . rn cn<u r.l ~>I>: Cl ~ '" >10 I>: ... e ll<tfli::; 0 :s ~ 0 ~ u 1:3~~ I:l ~ ~ ~ < 7- . '< ~Po.H . :z: .... o c:: ~ 0 " :z: ffi i::l e r.l '" .. ~ 8~~ ffi ~ E c 5 tJ r. Vl ~~ :z: o~3E~ to.. :l ~ ;;i ~rn~Od 0011'-0 iii.... .... j rn ;; I;; !l ....u:<:1'-o 1>:.... 1<10: !5 0-.7 1<1.... III ~ !2~o" o~E' ~ ''1;l -Po rz . 0: > 0: ~ .. u~-<1I'l tfl.... 4J iii < III ~~ ll< :I: iii '" :z:.... . H Rt<JS -<Po. .. ..:lCl &l ~ H I>: :z:~ 0 I>: ~ ..: ~ I>: 0 H U:Z: U ll< == " l if \ ~- .....;. .,.- -.:" . MARIAN S. BRENNEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 95- 1/7) CIVIL TERM CHARLES V. BRENNEMAN, Defendant . . IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Street, 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 Court Administrator One Courthouse Square Carlisle, PA 17013 (717) 240-6200 Joh n J. De~ly, squir SAID , GUID~, SHUFF SLAND 26 l. est Hii;rh Street Carlisle, PA 17013 (7l7) 243-6222 Attorney for the Plaintiff MARIAN S. BRENNEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 95- '/'/1 CIVIL TERM CHARLES V. BRENNEMAN, Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Marian S. Brenneman, who currently resides at 194 Konhaus Road, Mechanicsburg, Cumberland County, pennsylvania 17055. 2. Defendant is Charles V. Brenneman, who currently resides at 194 Konhaus Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on March 1, 1969, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for SAIDlS, GUIDO. SHUFF & MASLAND 26 W. IIIGh SI",e! CArlisle. PA annulment between the parties. 6. The Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests Your Honorable Court to enter a decree in divorce. Dated: I ~2-b.9r:: Attorney for the plaintiff SAID IS. GUIDO, SHUFF & MAS LAND 26 W,lIISh 511<<1 Carll,I"PA ,- MARIAN S. BRENNEWIN. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 9~'. ,,'II CIVIL 1995 CHARLES V. BRENNE1-1AN. Defendant IN DIVORCE AFFIDAVIT I, Marian S. Brenneman, being duly sworn according to law, depose and say: (1) I have been advised of the availability of marriage counselling and understand that I may request that the court require that my spouse and I participate in counselling. (2) I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. (3) Being so advised, I do not request that the court require that my spouse and I participate in counselling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: tfJ.lD( 9S- -Ul (VJ..\N'\.~ Mariifi S. Brenn , Plaintiff SAIDIS, GUJIIO & MASI.ANIl 26 W. Illsh Sir"" Carll\lc. PA VERIFICATION I verify 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. Section 4904, relating to unsworn falsification to the authorities. DATED: I J ~u, I Co) S- ~ Plaintiff SAIIlIS. Gumo & IIIASLAND 26 W. IlIsh SUetl Cllrlhlc. Plt. ~ ~, \l-.. ~ 01 ~ I.M '- u, ," ~ "6 .. , SJ :..-:~.: ,,~ '"'" \\ ~~ - rl I ~ ,-.J ~~ ,'" ~ ~ v)' Vj'! '-.:) -,~., (' I') - ." ~~ --, il ~~~ -44 ~~ ~~~ II ~I !q r ; 9 ~~~~ ~ g I i I:::l Z < io-l .., en !ii~a [{j ~s~<:s: S! ~~Iii~;!j ~ og6~~ ~ Elci:i:w;;l :S;::l~~0~ t.:l ~~~ rIi .... I:::l .... < en t .. . . .. . . .' " . . . . , " . 'I . SHERIFF'S RE'JURN ~'lli OF PENNSYLVANIA: caJNTY OF CLMBERLIIND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 95-477 Civil Term Complaint in Divorce and Notice Marian S. Brenneman vs Charles V. Brenneman ~t~vpn WhiRtlpr , ~~ Deputy Sheriff of Cumberland County, Pennsylvania, Who being duly sworn according to law, says, that he served the within Ccrnplaint in Divorce and Notice Upon ~h~rlp~ V. Rrpnn~an , The defendant at 10,04 o'clock ^ .M. EST IlilOO(!', on the , 19..2.5... at day of 1'i Fehrllary lq4 Konh~lI~ Ronil. Me('hanic~bllr\l ,Cumberland County, Pennsylvania, by handing to Charles V. Brenneman a true and attested copy of the Ccrnp1aint in Divorce and Notice and at the same time directing hi~ attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.92 So answers: "...., " ./,4" :f''' !:;;~..:<: ~~,;.J:,.~ R. Thomas Kline, Sheriff 2.00 23.92 Pd. by Atty. 2-16-95 Swom and subscribed to before me this .1. 'I ~ day of j.(........'7 19 'if A.D. ~l\1t.~. (), ''',~'', " ...Q,.:I., I . , T Prothonotary by ,~ LJ~-J Deputy Sheriff , , , , ~ . - , ' . , ,"", . .-'-"'Y - , ' .' , I" i..,' t ~ " " ., ' . . -'.~ . . . , ., . , ,. . MARIAN S. BRENNEMAN, Plainllff IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No, 95-477 CHARLES V. BRENNEMAN, Defendant IN DIVORCE. AFFIDAVIT OF CONSENT I, A Complaint in Divorce under Section 3301(e) of the divorce Code was filed on February 9. 1995. 2, The marriage of Plaintiff and 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 ofa final decree of divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(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 elaim 1hem 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 sen1 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 thnt false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to ~L~ ~~~'--- Chllrles V. Brenneman '. 0' ,- ~I;~ ., 1..:,: -, I 0 .' " ~ l..( , .I ' ~ <. , ..1:',- r " "0 l;_ "l:-:J C;" J. . . :1 .<; ...1, <" "1 . ~ lJ."'- ~.~ fij ~- ! ~ ~ .. P'; -. 10... II. G'\ ~.:s (.> (.-. U " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MARIAN S. BRENNEMAN, Plaintiff } } } } } } } CIVIL ACTION - LAW IN DIVORCE v. NO, 95 - 477 CHARLES V. BRENNEMAN, Defendant PLAINTIFF'S AFFIDAVIT OF CONSENT 1. February 9, 1995. A complaint in divorce under 93301(c} of the Divorce Code was filed on 2. The marriage of Plaintiff and 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 ofa final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER li330\(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce wi1hout notice, 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy ofthe decree will be sen1 to me immediately after it is filed with the prothono1ary. I verify that the statements made in this affidavit arc tnle and correct. I understand 1hat false statements herein are made subject to the penalties of 18 Pa,C.S. 94904 relating to unsworn falsification to authorities. Date:. '-1\~l '1, ffi(\HC1.M s,. ~'\.miV\.ON\,a^,\) Millian S. Brenneman, Plaintiff . ~...,.---..." '" ~"~',7r'":~r _~.";~ -''"'~"'J:o;:-r--'i"~ -, :~".', , ...;' ;\;;;>i':i~;~ !:}r"~<);r:iWJ~~~t '- 0' '- iT; [. -" ." " ,', I':. ~.~ '\ :~ " I~."l ; 1 ~_ ( 1'-, '): .. , :':i1 11_ 'J :.;1 , ), ., I \[1 . in r: '" '1/ " , '.1:;/ ; , I :lld . - Ill.. " ::'.j I I' f:;' ,:,) ,.-' IJ' <.) z t3 ffi 0 ll: :..< ~ tJi O!z!tl UJ ~ r.l ~~~ z U~ i-l ~ 0 ~i5 o-l>l~ u ~ :: H ~:.. ll.OOj::l tLo ~ 0 < z~z 0 :.. j::l0 ...~ ;c~ 0 Ol:d~><~ O~H . ~ <( '" ~ 0 _ ~~ . ~ ~ I~ rJ~ ~i: ~ u tLo o . <( t:: 0 .... c:t.:J5u?'; ~~j j::l 0 "'~7.ti:ti ~ ~ 0 ~ '" o :J w. '" Z Z '" :S:rn:<Ou ~ <Ol :irn~l;;!'i all'- <( :.. f-<UZI'- <t:l 0 el i !;l~O= !3r:a0-.:t Iil.... u tIl ... c.. ~ .... . " ~ ~ j::l .. I .. ~~~~ ...... :> <0 ~ Z ~ < tIl+J "0 :::> I :: '" 00" ~ H 5 z'.... ~~ ~ !j I , ~ i5~~ <( I1l Ii! H..... . <>: <lI H '" '" :> . "'~ > ;jj::l ~ A U f;1 tJ~ i'i z g ~ := U < j::l .,.,.", ,- -.., . .. . . .' . MARIAN S. BRENNEMAN, Plain tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 477 CIVIL 1995 vs. CHARLES V. BRENNEMAN, Defendant DATE: 11/15/95 -2A--9c" ~ =.--:rf, i I 4/16/99 -, ( t /1 <"I IN DIVORCE STATUS SHEET o ,'^', , t':tl,t,A,.,(,..1.L( :~',.{l-, It./;;tc~A,'''lI\'~ (f..f.../....I:',.<:', "lJ....jI.UO I ..I."lljt.tl'U_...__~ ,( J. lJ_J."-~.f. I ,~' Jt<, 1:1 tA'.~., . ~~ "1) Il,l ,'. .of "', ".r 1"\'(, "~"I I ~ . ,..~I fu .kl//l/d: j (,tAr,"-"~ ("t/.,,,, (q"Q. "(t''''l ',1 OJAJ(Llj. : ,a t1, ,(11 . '/,.,.....,,' :\,/.'10.,1;"':'''' (." 'I"'~\"'. Jl_J~C:.1<<'1.. ~~.II('~ I, I(~I/ It.....'(__';I.I('-',___~".._,.rv 11~(',,(,'.,~..-/lt'...t1.IJ/U.U...{ t."". ~(I{ <"("r('.! II:.'" P-"-",Au'",,'_i\ lI"vh c..';',~'u, (r>" d~~ .(A".\".' -{ ../ 1(11 ('(1"'( ('( Hearing scheduled for 5/4/99 has been continuad by request of counsel and scheduled for Nov. 3D, 1999. /) . I . (' J" <1 ~ I'/'fl' ,::( W",C).l.A~'.) 'U.'1il~I' ~"f"> ] n Ih 1 , '.-'~'" ~_ .IA" \.." '( _ ~ df.{J;I q? 'I (H, (J."Lv, .,~_m ";;[,,U )r1u.;~ t1f. ......t..",,:::I: CHARLES V. BRENNEMAN c/o V.C. BRENNEMAN 5 EVERGREEN LANE CARLISLE, PA 17013 : OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Slreet Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Meslar Tracl .10 Colyer Office Manager/Raportar Johnna J. Deily Attorney at Law SAlOIS, GUIDO, SHUFF 26 West High Street Carlisle, PA 17013 West Shore 697.0371 Ex!. 6535 November 15, 1995 Howard B. Krug, Esquire PURCELL, KRUG & HALLER & MASLAND 1719 North Front street Harrisburg, PA 17102 RE: Marian S. Brenneman vs. Charles V. Brenneman No. 95 - 477 In Divorce Dear Ms. Deily and Mr. Krug: I have a letter from Mr. Krug dated November 6, 1995, indicating that his client will not consent to a divorce. I have a letter from Ms. Deily indicating that the case is ready to proceed and that Mr. Krug's comments about discovery not being complete are not accurate. Ms. Deily does point out that Mr. Krug's client in an answer filed in response to the complaint admits that the marriage is irretrievably broken. However, I cannot proceed unless we have affidavits of consent filed or agreed to be filed or the parties have been separated in excess of two years. Fault grounds for divorce have not been averred. On the discovery matter, I would ask that Mr. Krug specifically set forth in a letter to Ms. Deily and a copy to me what exactly it is that needs to be revealed to him. Further, I would appreciate counsels' comments regarding the matter of the grounds for divorce issue since it is my position that I cannot proceed unless grounds for divorce have been established and the ~ . Ms. Deily and Mr. Krug, Attorneys at Law 15 November 1995 page 2 parties are ready to go forward as part of the entire case with the obtaining of a divorce. Very truly yours, E. Robert Elicker, II Divorce Master MARIAN S. BRENNEMAN, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 477 CIVIL 1995 CHARLES V. BRENNEMAN, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND PARTIES TO: Marian S. Brenneman Johnna J. Deily , Plaintiff , Counsel for Plaintiff Charles V. Brenneman Howard B. Krug , Defendant Counsel for Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover street, Carlisle, Pennsylvania, on the 22nd day of March, 1996, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference a hearing will be scheduled at another date. Very truly yours, Date of Notice: 1/24/96 E. Robert Elicker, II Divorce Master MARIAN S. BRENNEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95 - 477 vs. CHARLES V. BRENNEMAN, Defendant IN DIVORCE MEMORANDUM THE MASTER: Today is Friday, March 22, 1996. This is the date that we had scheduled the parties and counsel to appear to have a conference to attempt to discuss outstanding issues regarding discovery and assets and valuation of assets and issues involving the procedures with respect to obtaining a divorce. Some of the issues that have been discussed will be specifically addressed in the memorandum; other matters will be addressed but we will determine how we are going to proceed to gather the information necessary to prepare for a trial. The parties were married on March 11, 1969. They are the natural parents of two children, Jeremy, born June 15, 1971, and Chad, born June 6, 1976. Jeremy is emancipated; Chad is currently attending college at Washington and Jefferson in Washington, Pennsylvania, and is in his sophomore year. He is still using the home where the parties live as his residence. A divorce complaint was filed on January 27, 1995, raising grounds for divorce of irretrievable breakdown of the marriage. An answer and counterclaim were filed in response to the complaint raising the economic issues of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. The Plaintiff, Marian S. Brenneman, is represented by Johnna J. Deily, and the Defendant, Charles V. Brenneman, is represented by Howard B. Krug. Although no directive has been filed with respect to a date for the filing of pre-trial statements, the Plaintiff did file a pre-trial statement pursuant to P.R.C.P. 1920.33(b) on March 13, 1996. Husband's failure to file a pre-trial statement should not been taken as any indication that he was derelict or in violation of any directives in this matter. Counsel have indicated that the parties will stipulate that a separation occurred on June 1, 1994. with respect to the grounds for divorce, the grounds raised in the complaint are irretrievable breakdown of . the marriage and on June 1, 1996, the parties will have been separated for a period of two years so that the divorce can be concluded under section 3301(d) of the Domestic Relations Code upon the filing of the appropriate affidavit. However, counsel and the parties can agree to file affidavits of consent at some point prior to the hearing in these proceedings so that the divorce can be concluded under section 3301(c) of the Domestic Relations Code. The parties reside in the same residence although, as indicated, have been separated for nearly two years. The residence is located at 194 Konhaus Road, Silver Spring Township, Cumberland county, Pennsylvania. The property has remained in the name of husband since the date of the marriage. At the time that husband married, however, the property was in his name and his parents' names. In 1978 a change occurred with respect to ownership and ownership was transferred solely to husband's name. At no point during the marriage was wife's name on the deed to the property. An issue in this case is to determine what the marital value is for purposes of equitable distribution and since we cannot characterize the real estate as a marital asset, we need to be looking at an increase in value from the date of marriage to the date of separation. Two issues facing us are any contributiong which husband may have made prior to the date of the marriage to the acquisition of the property and also the value of any ownership interest that the parents may have had in the property before the June 1978 date when they relinquished ownership totally.* In trying to arrive at a marital value counsel for wife is going to have the property appraised by Steven Barrett. However, there has been some discussion about the possibility of having a market analysis done using any of the contacts the parties have with respect to realtors and perhaps even soliciting the assistance of Doris Law, the sister of husband, to aid in trying to arrive at a fair value for this property. *NOTE: (Not dictated in the presence of the parties and counsel.) Is the increase in value number that we use affected by the fact that the parents continued to own the property with Mr. Brenneman until June 1978 when he acquired full ownership in the property? The Master is wondering if the parents' interest affects the increase in value since that interest merged into husband's interest prior to the separation of the parties. Wife is vested in a pension at the carlisle Hospital, and we have had correspondence from Donald Samples who has indicated a certain value for the pension. However, Mr. Krug is concerned about the PBGC rate applied and attorney Deily is going to inquire of Mr. samples if he could apply a current rate in helping us evaluate the pension. Mr. Krug is requesting that the pension be revaluated using the date of separation value, the appropriate PBGC rate and bringing the value up to the present time using the appropriate coverture fraction if necessary. Mr. Krug is also requesting that he be provided, if available, the statements of the pension for 1993 through 1995 which would be the end of year statements. He has also requested an outline of the plan, from the plan administrator, so he can review the terms of that plan. The information Mr. Krug has requested will be provided through wife's counsel. With respect to Mrs. Brenneman's income, Mrs. Deily is going to obtain and provide to Mr. Krug a current pay stub. There has been an issue in the case with respect to Mr. Brenneman's ability to earn an income and counsel have approached the matter in two ways. First of all, they have discussed the possibility of stipulating to an earning capacity for Mr. Brenneman based on essentially a minimum wage job. They have discussed the possibility that wife may decide that she would like to have Mr. Brenneman evaluated by a vocational expert to give an opinion as to his earning capacity. Counsel will determine which approach they want to take with respect to husband's income situation and will advise each other within a month of today's date as to what approach they are going to take, either coming to a stipulation 'as to husband's earning potential or having a vocational expert do an evaluation. Mr. Krug has indicated that he has not been provided an inventory and appraisement and he has requested that wife file an inventory and appraisement document setting forth the assets and her opinion as to a value of those assets. Wife will do that within a month of today's date. Husband will file in response, within two weeks of receiving that information, his own inventory and appraisement, either as a separate document or as a responsive document to wife's inventory and appraisement indicating those items that he agrees exist in terms of the identification of assets and any agreement as to the valuation of the asset. The parties own a 1985 Cadillac Fleetwood automobile and wife has had an appraisal of the vehicle. Husband may have that vehicle appraised and if he does, within a month of today's date, will provide wife's counsel a copy of his appraisal. " Wife purchased a 1988 Chevrolet Blazer for Chad's use while he is in school and counsel have agreed that they are not going to use that vehicle as an asset in the equitable distribution of this case. The reason that we have come to that conclusion is that according to wife the vehicle has a value of $7,500.00 but that there is likewise a loan against the vehicle for $7,500.00 which gives us a zero value. There are various items of household tangible personal property which the parties have in the home where they are residing together, and it is the Master's suggestion that they each prepare a list of those items which they want to retain so that when the parties finally live in separate residences, wife will know or husband will know what items are to be taken or left in the property. If there is any disagreement with respect to the transfer of items or as to value of the items then we will to have the household tangible personal property appraised so we can utilize a value for purposes of equitable distribution attributing to each party that property which he or she will receive as part of the distribution. Wife had an account at Members First while the parties were married and not separated and we recognize that that account is a marital asset. Wife is going to provide the statements for that account for one year prior to June 1994 to her attorney who will then transmit that information to Mr. Krug. Husband's attorney has requested that Ms. Deily provide him with a statement from Farmers Trust showing the 1994 value of the Christmas club at that bank as of June 1, 1994. If available Ms. Deily will also provide a copy of the June 1, 1994, pay stub of wife. Counsel and the Master have discussed the factors with respect to alimony and in pariticular the factor of marital misconduct as that relates to husband's alimony claim. The purpose of the discussion was to try to determine if there is going to be any testimony offered by either of the parties with respect to that factor and counsel are uncertain at this time as to whether they are going to pursue the misconduct issue. The Master will allow counsel some additional time to evaluata if they want to proceed with testimony on marital misconduct and within thirty (30) days of today's date they will advise the Master of their decision. If either counselor both couneel wish to offer testimony on marital misconduct then we will I , i' f i I I l I I I l t f ~ i MARIAN S. BRENNEMAN, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHARLES V. BRENNEMAN, Defendant NO. 95 - 447 CIVIL IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Cindy s. Conley , Counsel for Plaintiff Howard B. Krug , Counsel for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 8th day of December, 1998, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 9/14/98 E. Robert Elicker, II Divorce Master MARIAN S. BRENNEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95 - 477 vs. CIVIL ACTION - LAW CHARLES V. BRENNEMAN, Defendant . . IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Marian S. Brenneman , Plaintiff Cindy S. Conley , Counsel for Plaintiff Charles V. Brenneman Defendant , Howard B. Krug Counsel for Defendant , You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover street, Carlisle, Pennsylvania on the 4th day of May 1999,at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. crt, A)" Pres iden t Judge Date of Order and Notice: 12/8/98 By: Divorce Master 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. CUMIJEHI.ANlJ COUNTY I3AH ASSOCIATION 2 LII3Elll'Y AVENUE CAIlI.ISI.E, PA 17013 TEI.EPIlONE (717) 249-31(,(, MARIAN S. BRENNEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95 - 477 vs. CIVI,L ACTION - LAH CHARLES V. BRENNEMAN, Defendant IN DIVORCE RESCHEDULED HEARING ORDlm AND NOTICE SETTING lIEAJlING TO: Marian S. Brenneman Cindy S. Conley , Plaintiff , Counsel for Plaintiff Charles V. Brenneman Howard B, Krug , Defendant , Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania on the 30th day of Nov,ember 1999.at 9:00 a.m., at which place and time you will be given the opportunity to prenent witnesses and exhibits in support of your case. By t le crt, ,.../Q ,. I d .l', rge E. Ilqff r, President .Ju ge ~ Date of Order and Notice: 4/16/99 By: Divorce Master 1 I' YOU DO NOT IIAVE A I.AHYEIl all CANNOT AFFOllD ONE, GO TO all TEl.EPIlONE TilE 01'1'1 CE SET FOIlTH BELOH '1'0 PIND OUT WIlEllE YOU CAN GET LEGAL IlEI.P. Cllt1BEIlLANIJ COUNTY BAil ASSOCIAT)()N ;, LIIlEH'I'Y AVENUE CAllI. I :;U:. PA 170 1.1 TELEI'1I0IH: ('117) 241) - \ I hh t,o\WlllllnSlll 1I0WWI"I~ IU/olSINGEIl & MII,ES, He. Ill' WAI.NUT Hllli!:T I'OST llHICI: nux Hill IIAI1IIISI1Ulw.11nmsYI.\'ANI" ItlllH JOliN C. 1I0w!:n; JIl. IlONAI.U T. KISSINIlEIl l'ATllIelA A. ~lIns CINIlY S. CONLl:Y September I, 1998 11ItllH.ltdf, I'AX 17171114.14\'1 IlEIlIIA M. SIIIMI\ haal ^..hlanl Divorce Master Robert E. Elicker, II 9 North Hanover Stree1 Carlisle, PA 17013 Re: OrC/IIWI1/IIllI'. Brc/I/lc/lla/l No. 95-477 Dear Mr, Elicker: Be advised thai I have undertaken representation of the Plaintiff, Marian S. Brenneman in the above-referenced case, It is my understanding that you have already been appointed as the Divorce Master in this mailer and that at least one pre-trial conference has occurred in the case, At this point, my client is most anxious to move forward to Divorce Master proceedings. When I spoke with your assistant, Traci, approximately two weeks ago and explained the situation, she advised that I simply write you a leller requesting that another pre-trial conference be scheduled. Accordingly, this leller shall constitute such a request. If you need any further infomration before said meeting can be scheduled, please do not hesitate to contact me. Thank you. Very truly yours, CSC/tjn ee: Marian S, Brenneman Howard B, Krug, Esquire ~~j~- CHARLES V. BRENNEMAN, Defendant CIVIL ACTION - LAW DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, ) ) ) ) ) ) ) NO. 95-477 MARIAN S. BRENNEMAN, Plaintiff PRAECIPE TO THE PROTHONOTARY: Please withdraw the appearance of Johnna J. Deily, Esquirc, on behalf of Marian S. Brenneman, Plaintiff in the above-captioned divorce action, and enter the appearance of Cindy S. Conley, Esquire. Respectfully submitted, Date; .J. ~ 1.LL0 ~ I QQY I . ' 'II Cindy S. Co ey, Esquire HOWET ,KISSINGER & rvllLES, P.C, P.O, Box 810 130 Walnut Street Harrisburg, PA 17108 Tclephone: (717) 234-2616 Datc; ....A,"'{'U sf :)1'-, /C'}?f Joh ~Jl1. 0(_ ,Esquire 21 09'Market Street Camp Hill, PA 17011 Tclephone: (717) 737-3405 .~ '-.~ L: r ,- ii. \:-~: II.'. ,:,": < ) I'" !~ . ,-}I 1 ' t. (,I ., " I"; I :J1 C. t,:.. ,. : (.',' ". I. I ') U , \.~ , ( J 'I ~< o~ en< ~g ESffi 2"" 8 . ~~ 1:8 s~'" 8~1 ~~~ e. :z:o!o;o HO:.: ~ ll: rJi tIl ::J ~ :e .. c. ~ ... ~ ~ ~:;. c~~~~ ::I tIl "1;; E~~~~ o..;JIt.. ~ en :< 0 ci .:i '" I;; .. CI)!;! ~ 0 ~ - ~ ~ .. .. ~ ~ ~ o =: Z :$ ~.... Z,~l f5'j "" " lXl '@ ..... en"" ~ ~ . > . ~ ~~ ~'" """" lXl" Cll ..... > Cll enl'l ~ a I ,- ~. ~.., ~ " . ~ , '.., -. .... "F '.'; .c'r",.t:'~~:J;~ '. LAW OFFICES SAIDIS, GUIDO, SHUFF & MASLAND 26 W./lIGH STREEl CARLISLE. PENNA, 17013 PHONB (717) 24306222 CERTIFIED COPY: .." .,.. ~... --- ~-/3 - 'It; .7C ~'--^~"'~'r....Q~\~ . .. .... '.",' MARIAN S. BRENNEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-477 CIVIL TERM v, CHARLES V. BRENNEMAN, Defendant PRE-TRIAL STATEMENT OF MARIAN S. BRENNEMAN PURSUANT TO PA RULE OF CIVIL PROCEDURE 1920.33(bl I. Baokground Information The parties were married on March 1, 1969 in Cumberland County, pennsylvania. The parties were separated in June of 1994, although they still reside together in the same residence. The Plaintiff is forty-eight (48) years old and is a medical technologist for the Carlisle Hospital. Her income is $18.35 per hour, and she was making approximately $35,300.00 per year as of the date of separation. The Defendant is the Husband, Charles V. Brenneman, who is at the present time, unemployed. He had previously worked for his parents' farm, and was then a realtor for Century 21 Brenneman until 1992. II. Asseta 1, Real Estate SAID IS, GUIDO, SnUFF & MASLAND 26 W, IIlgh SUCci Carlisle, 1),\ The marital residence is located at 194 Konhaus Road, Mechanicsburg, Pennsylvania. It is estimated that an approximate fair market value of the property is $135,000.00, although an actual appraisal is requested prior to the final hearing. There is a small home equity loan with Members First Credit Union, although this should be paid by the end of the year, leaving the equity the same as the value of the property I, I ! i l I of $135,000.00. Husband purchased the lot upon which the home has been constructed one year prior to the marriage, along with his parents. The value of the pre-marital portion is the lot value of $2,500.00 as evidenced by a Deed dated October 25, 1968 from Clepper Farms, Inc, to Husband and his parents. Although the Deed has never been transferred in both parties' names, a construction loan was taken out to construct the property in 1969 with First Bank and Trust in the approximate amount of $18,000.00. The entire balance of said loan was paid during the marriage, and was finally paid off in 1989. Both parties have been residing in the marital home, but Husband has not contributed anything as to the expenses of said home. Wife has been making all mortgage payments on the property in the amount of $340.00 per month, has been paying taxes, insurance and maintenance on the property unaided from the Husband since approximately 1990. It is therefore argued that the marital portion of the property is $132,500.00 using the fair market value of $135,000.00. 2. Vehicles SAIDlS, GUIDO, snUFF & MASLAND 26 W, Jligh SIr<<, Cllflble,I'A The parties are joint owners of a 1985 Cadillac with a fair market value of between $2,500.00 and $3,000.00. In addition, Wife owns a 1988 Chevrolet Blazer which was purchased for use by their son, Chad. She pays the loan on the Blazer, although Chad contributes to the loan when he is working and not in college. It has an approximate fair market value of $7,500.00, and there remains a balance under the loan of $7,500.00 leaving an equity balance of zero, The monthly payments are $218.00. 3. Bank Accounts Wife has a checking account with DAFCU with an approximate date of separation balance of $508.58. At the present time, there is approximately $200.00 in said account. The whole purpose of this account is for Wife to deposit her check in the said account, and use it for the payment of marital bills as Husband is unemployed. 4. Pension/Retirement Plan Wife has a retirement plan with the Carlisle Hospital with a date of separation value of $17,553.55. 5. Personal Propertv (a) The parties are owners of a sterling silver set valued at $3,455.00 as of the date of separation. (b) The parties do have some other household goods that is assumed will be able to be amicably divided. (c) Wife is the owner of Hummel plates, a copper apple butter kettle, a rocking chair, a wrought iron booth scraper, china from Germany, a pewter tea service, her mother's mink SAlOIS, GUIDO. SHUFF & MASLAND 26 IV, IlIgh Str... ClUlI".. PA jacket, and a dinning room suite that were all non-marital gifts from Wife's relatives, Testimony will be presented that these were not meant to be gifts of the marriage, although any increase in value of the Hummel plates could be considered marital property. (d) Husband has in his possession a collection of trains, which were purchased with marital property. The value of these trains must be determined from Husband's appraisal. III. Marital Debts The only marital debt at the present time is the home equity loan to Members First Credit Union. It had an approximate $6,000.00 balance as of the date of separation, and has been paid down by Wife. Wife expects that this loan will be satisfied by the end of this year. IV. Witnesses (a) Experts - Plaintiff does not know of any expert witness that needs to be called at this time, but reserves the right to supplement this answer. In the event that the parties cannot agree on an appraised value of the marital home, or cannot agree with the appraiser to be used, Wife will be calling her own appraiser for the property. In the event that an expert is needed to value the train set, the Hummel plates and the sterling silver collection, Wife will be calling said experts for these values. (b) Other Witnesses - i. The Plaintiff, Marian S. Brenneman; ii. Jerome Brenneman, the parties' son; SAIDIS, GUIDO, snUFF & MAS LAND 26 W. IIlgh Stn:cl Carll.Ic,I'A iii. Chad Brenneman, the parties' son; iv. Sally Straining from Century 21- Brenneman to testify about Huoband's work histOl-Y; v. Jeanne Kreiser an aunt of Wife to testify about non-marital gifts; vi. Dr. Bradford K. Strock, the father of the Wife. VI. Proposed Resolution and Reasoning 1. Wife proposes that Husband move out of the marital home into either an apartment on his own or with his parents until such time as their youngest child graduates from college, which should be in the fall of 1999. At that time, the property can be sold with the parties sharing equally in the net proceeds from the property; 2. Wife proposes to keep her pension plan as her sole property with the Carlisle Hospital; 3. Each party would retain his or her solely owned personal property and collections. 4. In the event that it is not feasible for the parties to keep the property until their youngest child graduates from college, then it is proposed that Wife receive $70,000.00 from her value of the marital home, or that the parties list the property now with her receiving $70,000.00 from the sale of said property. SAID IS, GUIDO, snUFF & MASLAND 26 W, High Slrttl C.,lble,I'A V. Special Considerations It is the Wife's position that Husband has not done anything in the last several years to contribute to the marital home. She has made 100% of all the household payments, with an money that the Husband has received on the side going for his own benefit. In addition, she has contributed 100% for both children's college expenses: the older son attended Lehigh University and the younger son is currently attending Washington and Jefferson University. Although Mr. Brenneman had one good year of selling real L^W OFFICES g;~ .JZ.,? &: ~/h. 1719 N. fRONT STREET I,^RRI!lBURC. P^ 17102'231)2 E. ROBERT ELICKER, II, ESQUIRE OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 .".;".... ._.<..;..~"'.....~.....-.-..__...._. , ,. r- I , \ . i I' , 'r...... , ! \ , '~, -- .- - , .--::-. ~ --.......... ._- "'::O-~"""'.- , L^W OITICI~5 f}lJ~~&~ JoHN W. PURCElL HOWAfl,O 8. KR,UC lEON r. HALLER. JOHN' W. rURCElL. JR. VALERIE A. CUNN Jill_ M. W1NEKA 1719 N, FRONT STREET "^RRISBURG. I'ENNSYLV^NI^ 17102'2392 TELEI'1I0NE (717) 234'4178 FNC (717) 233,1149 ""'THO...Y D1S""'TO orcou"'!I[1. JOstPH NISSlt'l' (IDIO-IDe'l March 21, 1996 HtASHEY 17111 ~3J'3D3e E. Robert Elicker, II, Esquire Office of Divorce Master Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Brenneman vs. Brenneman No. 95-477 - In Divorce Dear Mr. Elicker: This is in response to Ms. Deily's letter to you of January 22, 1996. As to the appraisals, that may be necessary in the future, but divorce grounds do not now exist. with regard to Ms. Deily's comments in the third paragraph of her letter, you should be advised of the following: a) Mr. Brenneman only turned the water off to the bathroom which is connected to his bedroom so that he could repair the leaking spigot. The spigot could not be repaired and has to be replaced. b) Mr. Brenneman removed Mrs. Brenneman's property from his bedroom and bathroom, only after requesting her to remove same. It was Mrs. Brenneman's decision to move out of the bedroom and, her belongings should be in the room where she sleeps. 0) Mr. Brenneman only put coal in the stove to heat the house more quickly. The wood pile was wet, causing smoke to come into the house. He was not trying to irritate Mrs. Brenneman or harm the house in any way. Mr. Brenneman has no heat in his bedroom because the ceiling electric radiant heat (which Mrs. Brenneman turns on), heats all rooms in the house except Mr. Brenneman's bedroom. Mr. Brenneman must keep his bedroom door closed to keep out Mrs. Brenneman's dog who destroys everything. E. Robert Elicker, II, Esquire March 21, 1996 Page 2 Mrs. Brenneman brought in the dog only since antagonize and intimidate her Husband. destroyed/damaged Mr. Brenneman's home. I look forward to seeing you tomorrow. Sincerely yours, estrangement to The dog has Howard B. Krug HBK/clw cc: Johnna J. Deily, Esquire vs. IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 95 - 477 CIVIL TERM IN DIVORCE MARIAN S. BRENNEMAN, Plaintiff CHARLES V. BRENNEMAN, Defendant DEFENDANT'S ANSWER TO PLAINTIFF'S CO)IPLAINT WITH COUNTERCLAIM NOW COMES Defendant by his attorneys, Purcell, Krug & Haller, to Complaint in Divorce, with Counter- and files the within Answer claim, as follows: 1. Admitted. 2. Admitted. 3. Admi tted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. WHEREFORE, Defendants requests this Honorable Court enter a Decree in Divorce. COUNTl:ItCLAIM COUNTERCLAIM - COUNT I EOUITABLE DISTRIBUTION 8. Defendant incorporates his Answers to paragraphs 1 through 7 by reference hereto as though the same were set forth herein at length. 9. Plaintiff and Defendant possess various items of both real and personal property which are subject to equitable distribu- tion by this Court. WHEREFORE, Plaintiff prays the Court to equitably distribute the marital property after an inventory and appraisement has been filed by the parties. COUNTERCLAIM - COUNT II ALIMONY 10. Defendant incorporates his Answers to paragraphs 1 through 7 by reference hereto as though the same were set forth herein at length. 11. Plaintiff lacks sufficient property to provide for his reasonable needs. 12. Plaintiff is without funds or means to adequately support himself. WHEREFORE, Plaintiff prays the Court to enter an Order awarding him reasonable alimony. COUNTERCLAIM - COUNT III ALIMONY PENDENTE LITE. COUNSEL FEES. COSTS AND EXPENSES 13. Defendant incorporates his Answers to paragraphs 1 through 7 by reference hereto as though the same were set forth herein at length. 14. Plaintiff does not have sufficient funds to support himself and pay counsel fees, costs and expenses incidental to the action. 2 ; " ;' WHEREFORE, Plaintiff prays this Court to award alimony pendente I j I' ! lite, counsel fees, costs and expenses as may be incurred in the pursuit of this action. Date: /O)~f^5' Respectfully SUbmitte1' , /' PU~CELL,",KRUG &,//lIALLER I \ ' / ('J/,' / / ~ / / ./ BY-_./... '1 ~ (, Howard/~ KruC]kEsquire /XD lI-J:llB2 - 1719 North Front Street Harrisburg, PA 17102 (717)234-4178 3 VERIFICATION I, CHARLES V. BRENNEMAN, hereby verify that the facts contained ':'1'1 the for.:lgoing All::mER TO COm'L.'\!NT "lITH COUNTEP.C!~I\!M ....r.'" tru~ ....nct correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~;fM~~ ;/&~,It~U~_", CHARLES V. BRENNEMAN ' DATE: /(J ,e<'1. 9..s- CERTIFICATE OF SERVICE I, CHERYL L. WELSH, an employee of the firm of Purcell, Krug & Haller, counsel for Defendant hereby certify that service of the foregoing ANSWER TO COMPLAINT WITH COUNTERCLAIM was made upon the following by placing a copy of same in the United States mail, postage prepaid, at Harrisburg, Dauphin County, Pennsylvania, on (ki:. CJS , 1995. JOHNNA J. DEILY, ESQUIRE, HER ATTORNEY 26 WEST HIGH STREET CARLISLE, PA 17013 ~/~/( CHERYL L. WELSH ,,' w, -., ~ (-, ,- u = Ul .0: .0: H j;J Z o-'l .0: PI ;>-- 44 +l ~ " >1~ 44 l::: Z '.-I III 0 III Eo< +l -'0 OE-< ~ Z - l::: Zl::: E-<Z ~ Z Z'.-I ~~ H . " ~ " 0 rslo-'l ffi~ ~~1!i ~ tJ PlH -ll = it :> ZC e ~ ~ 5 f1< -H Z Z 1Il:E d ;: ~ ~ 0 'U Z j;J ~O o . oJ 0 rsl ~ U~ . ~ . Eo< Ur-- ~ lXl ~ :i " ~ r-- lXl UlCll j;J l~ " ::> 0... j;J . ~r..~ . 0 Z tJ :> ~ U .o:1~ Ul Zr:. ~~~ Ul <H 0 r.:l Z r.:l CE-iU ~ tt: a'lH .0: o-'l ZZ Eo< III Q H ~ ~H = :<: . ~ .0: r:.:s Eo< Z OOZ ~ 1II tt: H UZH ::- tJ gj p, !t . lAW OFflCr:\ g;~ ~& ~ 1719 N, FRONT STREET II^RRISBURG. PENNSYLV^NI^ 17102-2392 TELEPHONE (717) 234,4176 FN< (717) 233,1149 November 17, 1995 JOSEPH NISSLEY (lgIO'U~8Z) JOHN W. PURCELL HOW^RO B. KRUC LEON p. HALLER JOHN VII. PURCELL. JR. V^lER1E A GUNN JILL M WINE~ E. Robert Elicker, II, Esquire Office of Divorce Master cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 ANTHO~Y DISANTO 0' COUNSEL HERSHEY 1?171 ~:J:J':J8Je Re: Brenneman vs. Brenneman No. 95-477 - In Divorce Dear Mr. Elicker: with respect to your letter of November 15, 1995, you are absolutely correct that my client is not willing to sign a consent form. Consequently, Ms. Deily is incorrect that he is somehow, forced to proceed with the divorce. With regard to the discovery problem, enclosed is my letter to Ms. Deily dated October 2, 1995 stating the majority of problems. Ms. Deily did respond by letter of October 12, 1995 with a settlement offer, an appraisal of a 1985 Cadillac and a copy of the parties' joint 1994 Income Tax Return. Ms. Daily also provides me with information in her letter, but none of this carries the affidavit of her client. In essence, the Answers to Interrogatories remain incomplete insofar as specifics and none of the required Inventories and Expense statements have been filed. As my client is disabled, is not working, and advises he cannot work because of his having been burned in a fire, I am not about to give Ms. Deily everything she wants without some investigation into the position she takes. The domestic rules make it very difficult in terms of discovery, and Ms. Deily is making up her own rules as we proceed. Consequently, I am not willing to proceed. Notwithstanding, the foregoing, if you wish to discuss this matter with me, I would be happy to do so at a time and place convenient for the three of us. --~. With best wishes for .. the holidays, I remain ~inCerelY/i~~~s, , Howard ( ~~__ HBK/clw co: Johnna J. Deily, Esquire .. ..' '~'. - . I .\w .:'tIICI::. ,AM.ul!. '~~(~P' & Jh/~/O ,.'I'.1~. t-i-.,..'N'I ~rRI,11 Il/\KRI~liUH.t..., 1't.NS~YLV^NI^ 1/1<,1~'2J\J~ ITlII'H(H.JI: tIll; ~3f1..t17ti ",O!iCI'H NI5Sl.tY (,,,.O'IOHZI JOHN W. PUfl,C El ( 110W^RD u .ow<~ ltON ....IMlLL:lt JOHN W, PUh.C.'IU. JI... VAUR.Il: ^ ClIl-.lN JilL M WINU.^ I.,A_\ (/I.-'I .!JJ.II.1\-' A"YHONY 0'5AN'0 or COUNI5tl. October' 2, 1\195 HeRSHCl 171715~J.303e; Johnna J. Deily, Esquire Saidis, Guido, Shuff & Ma~lund 26 West High Stroet Carlisle, PA 17013 Re: Brenneman vs, Brenneman Dear Johnna: Owing to the i.tiJsence OL spocit ics, 1 10ll,,,nh.!u to you Interrogator ieo; and Request for P ,'uuuction of Documents. 'rhe latter has obviously been ignored, and you have never filed an Inventory & Appraisement or an Income & Expense Statement. This has caused me to expend unnecessary time attempting to analyze this case with the limited documents 1 have, in addition to the sketchy answers your client has provided. With regard to your listing this case for a hearing before a Master, that makes no sense, as discovery is not complete and you have never filed the necessary documents required by the Rules. Notwithstanding the above and in an attempt to move this case ahead, I note the lollowing issues, questions and omissions: 1) You, ",lient huo; cO:1e'JIldt'd ':hU1: the pilrtie~ separated in Junto, 1994. My client advisl's tha'~ they did not separate until March 1, 1995, whun your client physically left the marital bedroom. This is in accordance with the law, Nevertheless, most of the values you have chosen for the limited marital assets identified in your Answers to Interroyutorio,' n.fer to an end r'lay, 1994 value. 'I'his clearly is inappropriatu, ill VU'I'I at till! V'-"'Y po,;it.lofl you !l/lve taken, and it clearly ignore!; tile' villu~ thilt 1 llUve tidwll. To re~olve this, pleas~ state the exact date of separation and provide me I~ith documents ~howing the requisite values for the credit union aC:CIHlnt, the pens.:.on(B) of YOllr: client, and other assets of the parties, ! a lHO a~" chit ~ j'OU provide me with the Narch 1, 1995 value of all such dSSlJ~S. / , , ,. . '~~nna J, Deily, EU'luire I October 2, 1995 / Page 2 2) It .:,s lilY under"tan<.l~n'J that YQll1 client has both a County Pension and d Carlislt! Ho~pi tal Pt!nsion. You have provided me with only a Carli~le Hospital Employee Pension value as of May, 1994. We would like to have a value of this pension unu the County Pension for the June, 1994 ~epuration date you contend exists, as well as the March 1, 1995 vallie we preft!r, If you hilve a problem with tbis, at least provide U8 \dtll the end year informatio/l for 1994, as well as the plan SUllunury so tlldt dll actuilL-y of our choice llIay evaluate the pensions. 3) With regard to the 1985 Cadillac Fleetwood, having a new engine placed in the vehicle in 1993, plaHse provide us with an appraisal, 8tat1ny tht! mileage and condition. 4) Not\1i tllstanding your clie/lt':; stutement that the sterling silver 8et is worth $3,455, 1 huve seen no justification. On the other hand, I have reviewed other documents showing that the silver has a replilcement vulue of $17,730 and your client's jewelry is insured for ovur $6,000. That being the case, I would like to have the silver u/ld the je\~ti'!lry appraised as soon uS possible. Perhaps \~e can agree on the name of an appraiser. 5) I nott! that also mi~si/lg from your client's listing is a gold coin set from which certain coins were sold by your client and never accounted to my client, as well as HUn~el Plates and the other major items of personal property, including collectibles, revealed by your client. Unless we can come to an agreement on value, based upon your revelation a~ to use and my client's advice as to how the items \~ere acquired, 1 v ie"": these ,IH q if I; H to both parties, and they should simply be valued ,It thi" P'.H/lt in -~illle lor disbursement between the parties. the date Clearly, marital. work. 6) The hOllle must be appraised to determine its value as of during \~!licll r.IL'. Brenneman owned one-third and thereafter. the incr0aMe in valu~ of Mr. Brenneman's share would be Perhaps \~t! "un a<.Jn,.,.,,)!l dn HA} Appraisur to perform this Please provide me with il 1994 Tax Rtlturn, as well as the most recent paystub of your client for 1995, I would also a"k that you file the necessary Invtlntory & Appraisement and Income & Expense statements. Until tlw abuve material.:." pn,videa and \~u cun analyze it, this case is not ready for the appointment 01 a I-laster, even if my client consents. Consuqllently, shollld you attempt to appoint a ~laster, you would leavu me \~':'I;h flu choice /JUI; -~U filu a I-lotion to Di"l11i"s the I' Johnna J. Deily, Esquire October 2, 1995 page 3 Appointment. I trust we can avoid that unnecessary filing. Hopefully we can ~ooperate to assist the parties in concluding this phase of their lives. I look fonwrd to receivLng the above doculllents within two (2) weeks from the date of this letter. Thank you. Sincerely yours, Howard B. Krug HBK/elw ee: Mr. Charles Brenneman --, , Law Offices SAlOIS, GUIDO, SHUFF & MASLAND John Il. SlIke Rohert C, Saldls Ildward Il, Guido Georrrey S, Shorr Alhert II, Masland Johnna J, Deily llmnlhy M, Ansline Seoll D. Moore ^ !'ROt:!;SSIONAl. COHI'OHATlON 26 Wesllllgh Streel . I'osl Ofliee lIox S611 Carlisle, Pennsylvania 171113 Telephone: (717) 243.6222 . I'oeslmile: (717) 243,MK6 We.t Sho", omce: 2109 Markel SU<<I Camp lIi11. PA 17011 Telephone: (717) 737,)40S Facsimile: (717) 737,)407 Reply 10 Carlisle November 8, 1995 . Howard B. Krug, Esquire PURCELL, KRUG & HALLER 1719 N. Front Street Harrisburg, PA 17102-2392 RE: Brenneman v, Brenneman No. 95-477 Dear Howard: I received your letter of November 6, 1995, I believe that this case is ready to proceed with a Master, in the event that your client has agreed that the divorce is irretrievably broken by admitting all of the allegations in the first Count of my Complaint. Further, it does not appear that there is anything else you could be waiting for as far as discovery is concerned. As you may know, Mr. Elicker conducts a Master's pre-hearing conference a few months prior to the actual Master's Hearing. He will help determine if there are any other issues which need to be resolved, or any other discovery which needs to be complete. I am also sending a copy of this letter to Mr, Elicker, and he can make his decision accordingly. Very truly yours, SAlOIS, GUIDO, SHUFF & MASLANO Johnna J. Deily JJD/tam cc: E. Robert Elicker, II, Esquire Marian Brenneman ^ .' L,\well.rlel." JoHN \'4' l'llRClIL. HOWARD u 1(!l,Ut. LEON p. H^UXIt. JOHN W. PUIlCEI.L Jk VALERIE ^ C.UNN JILL M WINlK^ !!Jl.~'I'<x11. ~/'~ & ~ III') ~ rll.lJNT YI'k,[ ET II^RI{I~bUf{l." prt.:t..J',)"I.V^:-~ll\ 1/10;~-;"I'J.' rfIJrll('NI 1.'1/) :'.1.1-.11/11 I".\~ '.II/I =~~t:1.II.1~1 MHHOJH O,,:/,U,IU l,)rCOUII'LL .JO\CPu t/15!oll'Y !IUIO.llilBZI November 6, 1995 ~t"~"L'f ("Il1) !)3:J':JUJO Johnna J. Deily, Esquire Saidis, Guido, shuff & Masland 26 West High street Carlisle, PA 17013 Re: Brenneman vs. Brenneman No. 95-477 Dear Johnna: I am in receipt of your Motion for Appointment of Master in the above-referenced matter. As I previously advised you, I do not believe this case is ready for a Master's Hearing. Discovery is not complete. My client will not consent to a divorce at this time and the parties have not been separated for two years. By copy of this letter, I am advising Special Master Robert Elicker of our position and request that your Motion for Appointment be withdrawn. Thank you. sincerely yours, Howard B. Krug HBK/clw cc:'~obert Elicker, II, Esquire Mr. Charles Brenneman LllW Offices SAID IS, GUIDO, SHUFF & MASLAND It I'Monl5SIONAI. CORI'OR^TION I \ John IJ, SlIke Robert C. Saldl. Edwnrd Il, Guido Georfrey S, Shurr Albert /I, Ma.land Johnna J. Deily llmothy M, An.lIno Scoll O. Moore West Shon! Omcel 2109 MnrkelSlrC<1 eWTlp 11111, PA 17011 Tolophone: (717) 737.3405 Fac.lmlle: (717) 737,3407 26 West High Streel . Post Ornce Box 560 Curllsle,l'ennsylvunlu 171113 Telephone: (717) 243,6222' Pacslmlle: (717) 243,64H6 neply 1b Carlbl. January 22, 1996 E. Robert Elicker, II, Esquire Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re, Brenneman v. Brenneman No. 95-477 Dear Mr. Elicker: 'I' As you may reca+ll ~pward ~. Krug, Esquire stated that he would oppose a Master's Hearing as his 'client 'was not prepared to file an Affida~it of :coneent,: 'and .'he,'waEi waiting for additional ' informatfon.' ,." ,..',' . ,:". ,..J ' :.' '.; ',I: '.,..., " f1-1 '. ":. \ ,', The only discovery that needs to be completed is ,having an appraisal done on the property, and after severai requests from Attorney Krug, I have heard nothing. Both parties are residing in the marital home, as each has the right to be there; however, Mr. Brenneman is taking upon himself to turn off the water, take the spigots off the faucets, removing my client's property from the bathroom, putting coal in the wood stove to ruin the house, just to name a few things, In addition, my clIent ne~ds to go out of the country to visit her ailing mother, yet is afraid to do so fearing that all of her personal property will be destroyed, and the marital home may no longer be left standingl She has been the sole bread winner for the last several years, and been making all of the mortgage payments on the property. Mr. Brenneman has no income, and is not even contributing anything to household expenses or utility payments. If the only way to get some action in this case iEi for me to file fault ground for divorce because of the cruel and barbarious treatment of Mrs. Brenneman, then I will go that route. My client just wanted to have a divorce decree entered, receive a fair and equitable distribution of the marital property, and move on. Mr. Brenneman is preventing her from doing so, and it E. Robert Elicker, II, Esquire January 22, 1996 Page Two I ., i " I \: , I , ,. i: appears that we would have to proceed differently. If there is any way that you could schedule a pre-hearing so that Mr. Krug and his client would be forced to either agree that discovery has been completed, save the appraisal, and to have his client sign an Affidavit of Consent (after he had filed an Answer admittinq that the marriage is irretrievable broken), we would greatly appreciate it. I thank you on behalf of my client to your kind attention to this very serious matter. Very truly yours, SAID~I' GU G, SHUFF & MASLAND /2. -~f' Johnna J. De~- -l JJD/rlm cc, Marian Brenneman Howard Krug, Esquire MARIAN S. BRENNEMAN, Plaintiff . . . . IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 95 - 477 CIVIL TERM vs. CHARLES V. BRENNEMAN, Defendant NOTICE TO PLEAD TO: MARIAN S. BRENNEMAN AND JOHNNA J. DEILY, ESQUIRE, HER ATTORNEY 26 WEST HIGH STREET CARLISLE, PA 17013 YOU ARE HEREBY NOTIFIED to file a written response to the attached Answer and New Matter of Charles V. Brenneman within twenty (20) days from service hereof or judgment By against you. Date: ;1;;,,/ ~/1J5 vs. IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 95 - 477 CIVIL TERM MARIAN S. BRENNEMAN, Plaintiff CHARLES V. BRENNEMAN, Defendant RESPONSE TO PETITION FOR SPECIAl, RELIEF NOW COMES Respondent, Charles V. Brenneman, by his attorneys, Purcell, Krug & Haller, and responds to the Petition for Special Relief as follows: 1. Admitted. 2. Admitted. 3. Denied. Respondent is the sole owner of the aforesaid real estate. 4. Denied. Defendant owned a 1/3 interest in the real estate as of date of marriage and by gift received the 2/3 balance on August 25, 1978. 5. Denied. A home equity loan with a current balance of approximately $6,000 does exist with Members First Credit Union. petitioner purchased her Cadillac with some or all of the original proceeds. 6. Denied. Respondent does not have sufficient knowledge or information to form a belief as to the truth of the averment and proof thereof is demanded. 7. Admitted that the parties' adult son resides with them at 194 Konhaus Road. He has damaged marital assets and is not obeying direction from Respondent. 8. Denied as a conclusion of law. On or about March 1, 1995 the pstitioner left the marital bedroom, creating a legal separation. 9. Denied. Respondent is partially disabled owing to a fire and explosion which occurred in the Spring of 1992, leaving him with sight and strength disabilities, pain from burn and circulation injuries and emotional overlay. Respondent does provide all heating requirements of the home, as well a~ facilitate inside and outside maintenance and repair. 10. Admitted, except petitioner never discussed using any of the proceeds to send their son to college. In any event, Respondent refuses because Petitioner will not discuss and finalize an overall marital settlement, and the home is in his name alone, while Petitioner has other valuable assets, including two significant marital retirement programs. 11. Denied as a conclusion of law to which no response is required. 12. Denied as a conclusion of law to which no response is required. 13. Denied. Respondent does not have sufficient knowledge or information to form a belief as to the truth of the averment and proof thereof is demanded. Legally, petitioner is not entitled to this relief, as the Court lacks jurisdiction, no Master has been appointed, and the Court should not exercise its equitable jurisdiction based solely on Petitioner's whim; i.e., no sufficient grounds have been alleged. 2 WHEREFORE, Respondent requests this Honorable Court deny Petitioner's Request for Special Relief and dismiss the outstanding Rule. NEW MATTER 14. Respondent incorporates his answers to paragraphs 1 through 13 as if more fully set forth at length herein. 15. Petitioner has embarked upon a course of conduct to drive Respondent out and damage or permit the damage of marital assets by the following: a) On or about November 1, 1994 without Respondent's consent, she brought in a mixed breed dog that has damaged or destroyed marital assets, refusing to confine the dog to safer areas of the home; b) Keeping entrance doors open in cold and hot weather; c) Leaving lights on unnecessarily; d) Destroying the family pool table; e) Selling Respondent's family heirlooms and belongings; and f) Hiding marital assets. 16. During early Spring, 1992, Respondent was injured in an explosion and fire. 17. Respondent's injuries included severe burns to the uppor 1/3 of his body. 3 lB. Respondent continues to have the following injuries: a) Inability to see without dark glasses, owing to glare and headache; b) Loss of strength in right arm; c) Circulation problems providing pain, as well as inability to sleep at night; and d) Emotional overlay. 19. The eyesight and headache problems have made it impossible for Respondent to read for any length of time. 20. Respondent cannot return to his pre-fire occupation as a real estate salesman, owing to his vision problems and difficulties. 21. Respondent has no income, but is in the process of attempting to secure vocational counselling and assistance. WHEREFORE, Respondent requests this Honorable Court deny Petitioner's Request for Special Relief and dismiss the outstanding Rule. Date: ~/)~ 4 VERIFICATION I" Charles V. Brenneman , the Defendant/Respondent in the within action, hereby verify that the facts contained in the foregoing RESPONSE TO PETITION FOR SPECIAL RELIEF are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn fblsification to authorities. ~~ &"hM(~"~ DATE: LI _ )' .c\ '5'"' CERTIFICATE OF SERVICE I, CHERYL L. WELSH, an employee of the firm of Purcell, Krug & Haller, counsel for Defendant hereby certify that service of the foregoing Response to Petition for Special Relief was made upon the following by placing a copy of sarne in the United States mail, postage prepaid, at Harrisburg, Dauphin County, Pennsylvania, on ~\'\ ~ , 1995. JOHNNA J. DEILY, ESQUIRE 26 WEST HIGH STREET CARLISLE, PA 17013 ~~? ERYL 'L'-~SH . .oM en = -"" o.n -' CO r- D: "- -= tIlool; ool;H MZ ~~ ~ Z~~ OtllM - ~HP' -4-1 Z~ ~ ~ Z4-I ffi~ OM...:l ffi'~ ~1:l ~ ~ ~ U~H ~ :> ZI'l HH ~~i 5 rr., -H Z'rl Zal re~ : 0 'U zra M4-I d 0 gj;;: I>:al . - . Eo< U r- IIIQ S . " . I>: r- III ~~ . . OQ... . ]5 ~ OZ . :> Uool;l tIl r.ltJ M iillll tIl tIl~ Z M ZP. ~ IIlM'" oo:z: ~ at/) ~~o H ~ I>: till>: ~ III gj~ HtJZ :> U . . . . . H"MIl., .o~,,,..,.uu.' ~II 15'" ~,...:J, 0"""" "UI1J"lll~f , , ": '..' ".,,' . . ".'. " '; ",', " . :,' " ';"," 1'1 '. ,,''', ' , I~ THE COURT OF COMMON PLEAS OF CUMBERL\Nll COUNTY. PEmlSYLVANIA MART AN ~ RRF.NNRMAN Plaintiff vs. CHARLES V. BRENNEMAN, NO. 95-477 19 95 D3fendant MOTION FOR APPODlTIlENT OF MASTER (Plaintiff) ~HiHH~'~, folloYing claims: Marian S. Brenneman a master wich respect co che ( X) Divorce ( ) .-\nnulJllent ( ) Alimony ( ) Alimony Pendente Lice moves che court to appoint ( X) ( ) ( ) ( ) Distribution of Property Support Counsel Fees Costs and Expenses and in support of che mocion states: (1) Discovery is comp,lete as to che claims(s) for Yhich the appointment of a master is requesced. (2) The defendanc (has) ~) appeared in che action (~_. -.,.,.JVy) (by his attorney, HCMard B. Kruq, Esquire . Esquire) . (3) The staturory ground(s) for divorce (is) (are) 3301(c) (4) Delete the inapplicable paragraph(s), (a) (b) An agreement has been reached with respect co the following claims: Divorce (See AnS\rer to Divorce Canplaint) (c) The accion is contested wich respect co che folloYing claims: Equitable Distribution of Property (5) The action ~ (does not involve) complex issues of law or fact. (6) The hearing is expected (7) Additional information. to take four (4) (hours) if any. relevant co ~e motion: ..--/' ( ...... -~. - "' (days) . Date: 11-1-9S- Atcorn -Eor Johnr'ia j. Dei ORDER APPOIN'rING ~IASTER AND NOW &-.", v v I ~ .l9....i.l.. 1- I-!..( J-',iA.C CC.\( (o(..u-... is appointed, master loIich respect to the following claims: fJr r (~. (( I.. , , Esquire, ,I' ~ ,.... ~ ~ ,,' I \ . Jiv- , ' J By Ch, Court: Itkc L.j (=~ , ~. I I . ,j .;j 1:1.11 \ \ " \OJ. i i , r " " \".,., '. t.l" . ..... en = a.- N '" ."') ~r: ~Z-c U'('"lgz ~~(J.., ::::t:a~ o~. =>- I c::'.....'" '-, u: -':,a: UJO-;:::;Z "';WllJLIJ = ..J.:.UlQ". ....:t. ::> -0 <-, ", =-- :.~ I MARIAN S. BRENNEMAN, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 95 - 477 CIVIL TERM CHARLES V. BRENNEMAN, Defendant ANSWERS TO INTERROGATORIES PROPOUNDED BY DEFENDANT AND ANSWERED BY THE PLAINTIFF TO: Charles V. Brenneman c/o Howard B. Krug, Esquire PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 PLEASE TAKE NOTICE that pursuant to Pa.R.C.P. 4006, the Plaintiff, Marian S. Brenneman responds to the Interrogatories of Defendant, Charles V. Brenneman by serving the attached Answers. SAIDIS, GUIDO, & MASLAND DATED: '1-'-'0 2 ~, .fff/J By: Jo 17013 SAlDIS, GUIDO. SHUFF & MASLAND 26 W. IIIsh Slltel Carll.le. PA .. ,.. ""', 2. Please identify each of your (include as of date of separation and current, if different): a. Accollntant(s); N/A b. Stockbroker(s); N/A c. Investment Advisor(s); N/A d. Bank, Savings and Loan Association and Credit Union; Members First Credit Union e. Money Market Account(s); N/A f. Mutual Fund Account(s). N/A 4 ., .. ~ 3. Please attach to these Interrogatories an inventory and appraisement of all property owned, controlled or possessed by you at the time of separation and when this divorce action was commenced, as well as a listing of all property transferred within the preceding three (3) years, in accordance with the requirements of the Divorce Code. Identify in your inventory and appraisement all stocks; securities; bonds; bank accounts; credit union accounts; investments; beneficial interests in trusts; interests in any form of indebtedness; real estate; life insurance and annuities; pension; profit sharing plans or other deferred corporation plans; safety deposit boxes and their contents; interests in partnerships, corporations or other business ventures; HRlO, IRA or other similar plans; airplanes, boats, motor homes or other similar vehicles; collectibles; and any other property in which you have an actual, beneficial or equitable interest. An appraisal will need real estate located Mechanicsburg, PA. b: Bank accounts from Members First Credit Union (formally DAFCU) (see attached statements for May of 1994). a: to be done on the marital at 194 Konhaus Road, c: The hospital pension (see attached for date of separation value). d. Vehicles - 1985 Cadillac - fair market value of roughly $3,000.00; 1988 Chevrolet Blazer - fair market value around $7,000.00. e. Sterling silver set service valued at $3,455.00 per Schwartz & Company, New Jersey appraisal service. 5 .. . " 4. Describe the standard of living which you enjoyed during the marriage over the five years preceding separation with regard to vacations, weekly/monthly meals out, and monthly household expenses. All meals were eaten at horne, no entertainment expenses were incurred, and if any vacations were taken, the parties stayed with relatives. 5. Identify all witnesses you intend to call at the Special Master's hearing and the subject matter about which the witness will testify. To be identified at a later date. 6 .. w. , 6. Describe and list the present value of any property which you brought into the marriage. N/A: Both parties lived at home prior to getting married, and contributed their assets pre-marital into their marital residence. 7 '. , . J ~ \ ~ l , ~ ~ 7. State the nature and feel your spouse has final separation. details of any marital misconduct which you been guilty of committing prior to your Mr. Brenneman has not contributed to the marriage overall, but especially in the past several years. He has demonstrated several incidents of mental cruelty, by confining Mrs. Brenneman and their son to certain portions of the house, has gone out to socializs with female co-workers when he was involved with real estate without ever going out with his wife, and has failed to be a provider for his wife and sons. 8. Please attach a copy of your income and expense statement as required by the Divorce Code and the Pennsylvania Rules of civil Procedure. See attached. B . 9. For each year since your separation, state how much money you have paid or given to your spouse toward the reduction of marital debt, itemizing specific debt and sums you have paid toward same each year. Mrs. Brenneman has paid all bills prior to separation as well as post-separation, on a monthly basis: She paid a home equity loan on the house of - $340.00 Car payment - $220.00 Tuition - $550.00 Cable - $20.00 Homeowner's Insurance - $425.00 Car Insurance - $1,620,00 Newspaper subscription - $160.00 Annual taxes of $360.00, $1,300.00, and $160.00 Trash - $170.00 Carlisle taxes - $10.00 Further, she has paid all incidental bills such as food, clothing, etc., as Mr. Brenneman had no income. 9 , ' 10. If you had prepared for you or have issued a financial, net worth or similar statement to secure credit, charge accounts, or credit cards within the past five years, please state as to each statement: N/A a. Each asset showing and the value given. N/A b. Each liability showing and the balance given. N/A c. The identity of each person or entity receiving said statement. N/A In lieu of answering the above, you may attach a copy of each statement to your Answers to these Interrogatories. 10 12. Identify any money market funds, accounts and financial institutions, not previously identified, in which you have had accounts of any kind within the past five years, including accounts held in your name alone, jointly with any other person or persons, in the name of another person for you, or in the name of any business in which you have an interest. with regard to each of the above, state the sums on deposit as of the date of separation and currently. N/A 12 13. Identify each person whom you intend to call as an expert witness at the trial in the above matter, and Will supply later, if necessary (a) state the subject matter such expert is to testify about; (b) state the factual foundation for each expert opinion; (c) state the opinion of each expert; and (d) identify all books, treatises, articles and other writings which support such opinion. 14. Please attach a copy of the curriculum vitae of any expert identified in the preceding interrogatories. Will supply later, if necessary 13 . ' 'i"'! - - . ... ,....., ( _! ' . . ...............~ ~ I- I " , I'. . . , " .' ~ . . ., -, . ". ,Uo_. .. f, " , . . . ~ . '" .' . . ~ i f ~ 15. Identify all written or verbal contracts by the terms of which you receive annual income, regardless of whether cur.rent services are actually provided. , , i I N/A 16. If you removed from the marital home any items of personalty and sold or otherwise transferred sarns to a third party, please answer following questions as to each item: N/A a. What was removed? N/A b. Identify the person or entity to whom or which anything removed was sold or transferred? N/A c. If you received any money or other consideration for any such item, how much or what did you receive for each? N/A d. When did you transfer it? N/A 14 . 17. With regard to any gifts and inheritances you received during the marriage from others, please answer the following as to each: a. When did you receive the gift or inheritance? 1. Humcl plates received fran her rrother each Christmas; 2. A marble-top table with chair legs; 3. A bench fran her Grnndfather's office; 4. A copper apple butter kettle: 5. Grandrrother's rocking chair; 6. Wrought-iron boot scraper; 7. White China fran Germany; B. Pewter tea service; 9. Mother's mink jacket. All of these items besides the Humcl plates were gifts fran her fanlily through the years, as they belonged to other family rrermers. b. As to any sums of money received by gift or inheritance or from the sale of such gift or inheritance during the marriage, please answer the following with regard to your use or expenditure of such sums: i. state what you purchased and the title in which said asset(s) are held; The dining room suite was purchased with a $900.00 gift from Mrs. Brenneman's father. 15 ii. State how much you paid for any asset; I. ! " II I iii. State the investments you purchased with such funds; iv. State the titled owner of any investment or savings account established with such funds; v. For each purchase and investment, state the date each was purchased or created, respectively. 16 . c. State how and by whom each such gift or inheritance was used during the marriage. All of the items listed were displayed throughout the house. The china and silver service were used on special occasions. The copper kettle was used to put newspapers in. The bench and marble top tables are located in the dining room and spare bedroom, respectively, but were not used. , d. Where was each gift or inheritance located during the marriago, i.e., at home on a shelf or in a cabinet" etc_ Please be specific. See above. 17 18. As to any retirement, pension and similar benefits you enjoy, please answer the following: a. Identify each employer and other entity with which you have such benefits. Carlisle Hospital, and receives medical benefits and pension plan (as previously provided), b. When did you commence Carlisle Hospital: employment with each such employer? Began employment January of 1985. c. On the Annual Statements you received immediately before marriage (or remarriage), the year of separation, and most recently, as to each such benefit, what was the: i. Total value of your contributions for the year? Contributions were totally made by the employers. ii. Total value of your employer's contributions for the year? iii. Total value of account increase or decrease for the year (other than from contributions by you or. your employer). iv. Value of the account in terms of monthly retirement payments due you at normal retirement. v. Total value of the account; i.e., 401-K, savings, IRA, ESOP. 18 d. Identify the person or entity administering each plan or benefit. e. Do you have a Summary Plan Description? If so, attach a copy to your Answers to Interrogatories. f. In lieu of answering (c) above, please attach copies of the Annual Statement for each benefit or plan for: i. The year ending'immediately before separation. ii. The year of separation. iii. The current year. iv. The year ending immediately before marriage. 19 ~ 19. Have you ever received a valuation of the marital value of any of your retirement, pension or similar benefits from your employer, plan administrator, actuary or other person? If so, please state the following as to each valuation: a. Date of the valuation. See attached valuation as provided by the employer. b. The benefit being valued. c. The identity of the person valuing the plan or benefit. d. What was the marital valuation for each benefit or plan? 20 e. Were there any conditions or reservations placed on any valuation? f. Attach a copy of the valuation(s) to your Answers to these Interrogatories. y,Krug, Esquire 6 Nor Front Street Harris rg, PA 17102 (717)234-4178 / ('r.::' Dated: r.Jri,6- "~ .. 21 Attachment to Answer No. 8 The Monthly Salary: $2,936.00 Less: Taxes Dental Medical Christmas Fund PP&L: Bell Telephone: Gas: Food: Home Equity Loan: Car Payment: Tuition: Cable: Hair: 883.64 5.54 107.68 200.00 137.00 75.00 80.00 400.00 340.00 220.00 550,00 20.00 30.00 On an average, once these things are paid off, there is a negative balance of $112.86 per month. There are also quarterly and yearly bills: Homeowner's Insurance: Car Insurance: Newspaper Subscription: Real Estate Taxes: $ 425.00 1,620.00 180.00 360.00 1,300.00 160,00 170,00 10,00 Personal Taxes: Trash: Carlisle occupational Tax: $4,225.00 Per Year Hay/Huggins Company, Inc, Actuarial and Bonolits Consullants 229 South 181h Slreol Rillonhouso Squaro Philadolphla. PA 19103,6138 Tel: (215) 893.0270 Fax: (215) 875.2833 June 22, 1995 Hay/Huggins Company Ms. Susan Davis Employment and Benefits Manager Carlisle Hospital and Health Services 246 Parker Street P.O, Box 310 Carlisle,PA 17013-0310 RE: Marian Brenneman - ODRO Dear Sue, At your request, we have reviewed Ms, Brenneman's participation in the Carlisle Hospital and Health Services Employees' Retirement Plan to del ermine the present value of her accrued benefit as of May 1994. We have determined that the accrued benefit earned 1hrough May I, 1994, payable in the form of a straight life annuity commencing December I, 2012, (Ms. Brenneman's age 65) is $4,136,28 per year, As of May I, 1994, Ms. Brenneman was fully vested in this benefit. The lump sum present value of the above benefit at May 1994 is $17,553.55. This figure was calculated based on government promulgated interest assumptions (pBGC) which, as of May 1994, were graded down from 5,25% to 4%. Please note, however, that Ms. Brenneman cannot receive her benefit in a lump sum since the value exceeds $3,500. Sincerely, ~0vJ. ~ Donald W. Samples, FSA, EA Executive Vice President DWS:bh o~..J"""'CIlI,SD,doc cc: R. Seifert HnyGl'oup SENOIDIRECT INQUIRIES TO: IiIAFCU.. MAKING VAC^TION PLANS? WE CAN HELP! . VACATION LOANS . NATIONWIDE ATM ACCESS WITH PLUS . TRAVELERS CHEQUES FOR TWO . VISA - 11.49r. APR . 24-1I0UR TELEPHOIIE TRANSACTION SERVICE VISIT ANY OFFICE OR USE YOUR CU-NEWS REQUEST FORM FOR MORE INFORMATION DEFENSE ICnVITIES FEDERAL CREDIT UNION 5275 E, Trlndle Ad.. P.O. OaK 40 Mechanlcsburg, Ponnsylvanla 17055'0040 (717) 697,1161 TOll FAEE 1-800,283-2328 1..,111,,,111,,,,1.1,,1,1,,,11,,,,11,,1.1.11,,11,,,1 MARIAN S BRENNEMAII 194 KONHAUS RD MECHANICSBURG PA 17055-3126 J : SUFFIX.OO REGULAR SHARE ACCT O~ll~~PAVROLL DEDUCTION 0~1~9 PAVROLL DEDUCTION 05259 PAVROLL DEDUCTION 0~~9 PAYROLL DEDUCTION 0531.9 IVIDEND I I I I I I REPORTING SSN,195-38-9081 Y-T-D DIVIDENDS, 7.14' --,- - - -:- -'- --... --... - --................. -........ - - - -.............. -... - -.. -............. --.. -... -... -- -...................... I I SUFFIX, 11 SIIARE DRAFT ACCOUNT I I I I I , BEGINNING BALANCE 1483.99 1 : EPOSITS 1110.00 I RAFTS 1855.41 : ISC DEBITS 230.00 I AINT /SERVICE CHGS .00 : NDING BALANCE 508.58 I I 0~OZ9 ATM WITHDRAWAL I I 10 SkVPORT ROAD 0~OZ9 ATM WITHDRAWAL I I 10 SKVPORT ROAD MECHANICSBURGPADEFENSE ACTIVI 0~OZ9 SHARE DRAFT' 5087 05039 SHARE DRAFT' 5091 0~0~9 SHARE' DRAFT . 5097 05039 SHARE'DRAFT' 5095 0~0~9 SHARE DRAFT' 5088 05039 SHARE DRAFT' 5080 0~0~9 SHARE DRAFT' 5065 050409 SHARE 'DRAFT' 5096 I O~0t,:9 SHARE'.DR^F.T.~I, 5081 050 050409 TM WITHDRAWAL : I:. 19 E.'HAINST. 050 050409 ATM WITHDRAWAL i. : . 19 E.'HAINST, NEW KINGSTON PAI565217 05059 SHARE DRAFT' 5086 0~0~9 SHARE WITHDRAWAL 05069 SHARE DRAFT' 5099 0~0<<9 SHARE DRAFT' 5093 05109 SHARE DRAFT' 5092 0~1<<9 SHARE DRAFT' 5102 05109 SHARE DRAFT' 5101 0~1<<9 SHARE DRAFT' 5100 105109 SHARE DRAFT' 5103 iO~1X:9 PAYROLL ALLOCATION FROM '051109 SHARE'DRAFT' 5098 0~lZ9 TAKE DEPOSIT 051409~ATM WITHDRAWAL : : .1246 PARKER ST. 05169 SHARE DRAFT . 0~1~9 SHARE DRAFT . , , , , , I , , , . . . . , _.j.._. .1._J_ m~~____.. ,. _ ...____+_ 600.00 -500.00 600,00 -500.00 1.16 TOTAL NUMBER DRAFTS LEARED YOUR AVG DAILV BALAN E WAS YOUR LOW MONTH BAlAN'E WAS 0502165118 -10.00 MECHANICSBURGPADEFENSE ACTIVI 0502165148 -10.00 0122017893 -62.32 0123001381 -22.00 0123015722 -53.00 0123016602 -76.71 0123007755 -125.00 0123028561 -145.00 0123001867 -433.00 0124003311 -25,00 ...-0124015053 ---"-'/."; 111 0504192308 -10.00 i '~ 0504192337 0125008255 0126011974 0129007447 0130024492 0130007771 0130022263 0130023935 0130018846 0131003663 0514151244 0136004637 0136013812 NEW KINGSTON PAI565217 55033-00 CARLISLE 5104 5111 PAI565217 -10.00 -17 .89 -100,00 -12,42 -19.32 -19.08 -23,99 -30.34 -72.00' -119.32 330.00 -15.00 150.00 -20.00 -20.25 -45.52 344.66 944.66 444.66 1044.66 544.66 545.82 I:5.24 60.42 1473.99 1463.99 1401.67 1379.67 1326.67 1249.96 1124.96 979.96 546.96 521.96 494,70 484.78 474.78 456.89 356.89 344,47 325, 15 306.07 282.08 I 251. 74 , 179,74 60.42 390.42 I 375,42 525.42 505.42 485.17 439.65 I I j SEND/DIRECT INQUIRIES TO: DEFENSE ACTIVlTlES FEDERAL CREDIT UNION 5275 E, Trlndlo Rd.. P,O, Dox 40 Mochonlcsburg, Punnsylvanla 17055,0040 (717)697.1161 TOLL FREE 1,600,283.2326 HARIAN 5 BRENNEMAN MAKING VACATION PLANS? WE CAN HELPI _ VACATION'LOANS _ NATIONWIDE ATH ACCESS WITH PLUS _ TRAVELERS CHEQUES FDR TWO _ VISA - 11,49y' APR _ 24-1l0UR TELEPIlONE TRANSACTION SERVICE VISIT ANY OFFICE OR USE YOUR CU-NEWS REQUEST FORM FOR HORE INFORMATION NOTICE SEE REVERSE SIDE JOn IMI'OIHMH IWOIlMAlIOt~ nlGAHlllflGtOUn IUOUlS ra OISPUIE DilLING AND REGULATION Ellnons I ' -.., \ "',, - I ' ' EffECT' 1 ( ,.' tlEW 1.'0 O,AY vR I'" '. ',' ", T~A,flSAC~lm' ~Escn~~~I~U , 'I , ',' I ."'. ^,MaU~'.T . " DAlMICE :. -I' -', 05119 : 05189 0~1 0~1l\9 I I I I 0~1 0~1l\9 , I' : OSl2~9 , " i g~~~~ ~~:~~ g~:~,: ~tt= : 092~9 SHARE DRAFT' 5115 , 1052494SHARE DRAFT' 5116 , 1052~94PAYROLL ALLOCATION FROH 05269JATH WITHDRAWAL : : 246 PARKER ST. CARLISLE ,05269 SHARE DRAFT' 5107 052~9 TAKE DEPOSIT 0527.9 SHARE DRAFT' 5108 OSl3~9 SHARE DRAFT' 5120 , , i- '. - :_:_ _. - M .. . M. MM. M MM. _. . - M . M M _. .. . M.. M M , 1 110,: , 0 50651 5080 ~g:~ ~g:~ 5~9~ , , , :: REPORTING SSN,195-38-9081 V-T-D DIVIDENDS, ,00 -~- -~-~- --------------------------------------------------------- ---------- , , SUFFIX,D6 KEY LOAN CREDIT LINE : : __PERIODIC RATE HAY VARY ON THIS LOAN__ , , __ANNUAL PERCENTAGE RATEMM 7.7500Y. DAILY PERIODIC RATE. 212329X : : PREVIOUS LOAN BALANC , , ._FINANCE CHARGEMM PRINCIPA 050194__ ANNUAL PERCENTAGE RATE _. 8,2500y' DAILY PERIODIC RAT OSl194PAYROLL ALLOCATION FROH 55033-00 28.01 141.9 OS2594PAYROLL ALLOCATION FROH 55033-00 28,05 141.9 : .LOAN LIHIT, .00 AVAILABLE FUNDS .00 : YTD FINANCE CHARGE PAID. 309,30 NEW LOAN BALANC : , 'CURRENT PAYHENT, 102.00 PAST DUE, ,00 TOTAL, 102 00 DUE,08- , PER 00 TO~ALS-PAYHENTS 8 CREDITS, 283.94 DEBITS. .00 .FINANC CHARGEM, -:- -:-:-lsuFFix~06-EscROW----.---------.--------------.----------- .--------- , " , , , , I j ':,.1, _._J. SHARE DRAFT . WEST YHCA ATH WITHDRAWAL 246 PARKER ST. ATH WITHDRAWAL 246 PARKER ST. ATH WITHDRAWAL 10 SKYPORT ROAD AHOUNT 28.75 433.00 145.00 27.18 17,89 62,32 125.00 22,00 5112 NO, 5092 5093 .5095 5096 5097 5098 5099 CARLISLE PAI565217 CARLISLE PAI565217 HECHANICSBURGPAHEHBERS 0137020466 0518190052 0518190133 0521113204 1ST FE 0143010638 0144003727 0144023539 0144021637 0526163857 0146002991 0147010539 0151011785 55033-00 PAI565217 -15.00 -28.75 -10.00 -20.00 -30.00 -8.75 -33.ll -53.00 -76.00 330.00 -10.00 -212.35 300.00 -17.78 -46.33 424,65 395,90 385.90 365.90 335.90 i 327.15 294.04 241.04 165,04 495,04 I 485.04 I , 272.69 I 572.69 554.91 508.58 . . M M AHOUNT 19.08 19.32 76.71 25.00 53,00 15.00 12.42 NO, AHOUNT NO. MOUNT 5100 72.00 M5ll1 45.52 5101 30.34 . 5112 15.00 5102 23.99 - 5113 8.75 5103 119.32 5114 33.11 5104 20.25 5115 53.00 M5107 212.35 5116 76.00 5108 17.78 M5120 46.33 . OTAl.--- .1 55.A1 , . .0226027Y. 170.00 170.00 9006.22 8864.23 8722.28 8722.28 5-94 -~~:~~--- I .00 I i ~IAII:.MI:.NI SEND/DIRECT INDUIRIES TO: IlDFlFI:U,- HAKI~G VACATION PLANS? WE CAN HELPI M VACATION"LOANS M NATIONWIDE ATH ACCESS WITH PLUS M TRAVELERS CHEQUES FOR TWD M VISA - 11,49y' APR M 24-HOUR TELEPHONE TRANSACTION SERVICE VISIT ANV OFFICE OR USE YOUR CU-NEWS REQUEST FORH FOR HORE INFORHATION DEFENSE ACTIVITIES FEDERAL CREDIT UNION 5275 E, T"ndlo Ad,. PO, Bo. 40 Mechanlcsburg, Ponnsylvanla 17055,0040 (7171697.1161 TOLL FAEE 1,600,263.2326 HARlAN S BRENNEHAN NOTICE' SEe ReVERSE SIDE Fon IUPOATANT INFORMATION REGARDING 'tOUR RIGHts TO DISPUTE Oll1lt4G ""0 UEOULAIION ERRORS 'I 'I' " 'I "hA~~ (FfECT '. ,', ," ' .' ",'. " f PI(W " ','t' DAY ~'~ Q,n, ~~ ~:. , " 'F TnMjS~ClI0N o[SCnIP,llm~.' . . . ' , AM~mn:--' ~AlAfjC[ . I I I I I I --1- -"'--1- I I I I I I I I I I I I I I I I I I I I I I I I I 050Z9 I I I Vr.D I:NAN I I I PER 00 r.0 .. -'_ .. _'.. _I. I " I I I I I I I I I I 1 I I I .00 REPORTING SSN.195-38-9081 V-T-D DIVIDENDS. ,00 TAX AID. ------------------------------------..-------------------- ---------- --------- SUFFIX.07 USED VEHICLES MANNUAL PERCENTAGE RATEMM 8.00BBY. DAILV PERIODIC RATE . 219178Y. PREVIOUS LOAN BALANC MMFINANCE CHARGEMM PRINCIPAL -9605'01 -9605.00 NEW LOAN BALANCE 9605. 0 .BO DEBITS. 9605.00 MFINANC CHARGEM. .00 9605.00 E CHARGE PAID. .00 LS-PAVHENTS & CREDITS. .00 --------------------------------------------------------- ---------- --------- FOR 1994 REPORTING * IRA VTD MOTHER VTD M TOTAL VTD M TOTAL VTD SSN DIVIDENDS DIVIDENDS DIVIDENDS WITHHO DING 195-30-9081 ,00 7.14 7.14 .00 TOTAL MMFINANCE CHARGEMM PAID 309.30 M TOT L VTD M FOR EITURES ,00 ii t.!-'. ( . :';:1 .:'i\ I ',,' il',1 .1.,.:". . [~l' . ".~.~t- . l~):,l' "/'..:- :ri: " I I I I I I I I I , I I , I I J ___ __ ___ I I I I I I I J VERIFICATION I verify that the statements made in these Answers to Interrogatories are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. .S. S 4904, relating to unsworn falsification to authorities. ATED: 7-'~~ v:)s, I /99}' ~c.,^ ~ Marian S, Br SAIDlS, GUIDO, SHUFF & MAS LAND 26 w, /IIah Stml CarIi.I., PA CBRTIFICATB OF SBRVICB I, JOHNNA J. DEILY, ESQUIRE, certify that on ;)171.1.- J.lt...4, 1995, I served a true and correct copy of the within Ansiers to Interrogatories upon counsel for Defendant in this matter by depositing same in the united states mail, first class, postage prepaid, addressed on follows: Howard B. Krug, Esquire PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 DATED: \-1 I '17 /l/q')' ~7 <>< I SAlOIS, GUIDO, SHUFF & MAS LAND 26 W. HI&h SUtcl CarIl,le, PA ~ \ ~ - ,- ,-...I >.. >-. u: to. ..rr ,~- -', -., ~~!l~":~ h. . ~; iC .' ;.~ . ,- u, 1-' _..l~. ..: '\~~r. , ,:.~'l~~ . I':'): ..> I, C, U :C ....... o ..... N -' => --. !' ~ ~ en !ii~~ Y.l ~~~<:5: o ~xlii~~ ~ QO:I:tUf::' ~ ~d~~~ :s t.:l~~f!lo a ~~if ~ u en .., '-. . ,. .. . M . - , ... SAIDIS, GUIDO, SHUFF & MAS LAND 26 W, IIIgh Slre.1 Carllsl.,rA RIAN S. BRENNEMAN, Plaintiff IIN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 95-477 CIVIL TERM v. HARLES V. BRENNEMAN, Defendant AND NOW, onsideration th"q ~\.y Of~~ of the attached Petition for , 1995, upon Special Relief, a Rule s issued upon the Respondent to Show Cause why possession of the arital residence known and numbered as 194 Konhaus Road, echanicsburg, Cumberland County, Pennsylvania 17055 should not e awarded to the Petitioner, or in the alternative, why said remises should not be listed for sale with a realtor so that the roceeds may be equitably divided, Rule returnable 1.,,0 days after service. BY THE COURT: J. ,0 ".., .:-: ~;;~ .::,' ~ ::c .,. "" u:> " J' tn;: ,': ..... :.I,_t'. '.-\J;J;:~' 0 t. ,") r::.':-,' 0;; .r:_~..; -'T.J ,'r'.I,,, = ...,...... -t ,1- -cZ; .z:.. - u:> c.n MARIAN S. BRENNEMAN, Plaintiff v. :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 95-477 CIVIL TERM CHARLES V. BRENNEMAN, Defendant PETITION FOR SPECIAL RELIEF 1, The Petitioner is Marian S. Brenneman, Plaintiff in the above-captioned divorce action, who resides at 194 Konhaus Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2, The Respondent is Charles V. Brenneman, Defendant in the above-captioned divorce action, who also resides at 194 Konhaus Road, Mechanicsburg, Cumberland County, pennsylvania 17055. 3, The Petitioner and Respondent are the owners of the marital residence located at 194 Konhaus Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. The parties purchased the home in May 1989, which now has a fair market value of $135,000.00. 5, There is a mortgage to Members First Credit Union on said premises with an approximate balance of $6,000.00. 6. There is approximately $129,000.00 worth of equity in SAIDIS,GUIDO, the property, which is by far the major marital asset in this snUFF & MAS LAND case, subject to equitable distribution. 26 W. IIlgh SlItel CMII.le,PA 7. The parties son, Chad Brenneman, resides in the marital home along with the parties, and is currently attending Harrisburg Area Community College, SAIDIS, GUIDO, snUFF & MASLAND 26 W. IIIgh Sllt<1 C.,U,I<.PA e. The parties have been separated from bed and board since June 1994, although neither has physically removed him or herself from the property, 9. The Petitioner has been making all of the payments to the mortgage company, as well as taxes, insurance, and utilities on the premises, and the Respondent has not contributed to any of these. 10. The Petitioner has requested the Respondent to move out of the premises, or in the alternative, to list the home with a realtor so that they may divide up the proceeds and use part of this to send their son to College. 11. 23 Pa. C.S.A. S3502(c) provides: Family home. - The Court may award, during the pendency of the action or otherwise, to one or both of the parties the right to reside in the marital residence. 12. Further, 23 Pa. C.S,A. S3323(f) provides: Equity, power and jurisdiction of the Court. - In all matrimonial cases, the Court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interest of the parties or to effectuate the purposes of this part and may grant such other relief or remedy as equity and justice requires against either party... 13. Petitioner desires that the said Charles V. Brenneman be evicted from the marital residence and possession be awarded to her, or in the alternative, that the said premises be listed for sale with the realtor so that the proceeds may be equitably divided as the parties, this Court, or a Master deems fit, WHEREFORE, Petitioner requests Your Honorable Court to enter a Rule to show Cause why possession of the marital residence known and numbered as 194 Konhaus Road, Mechanicsburg, Pennsylvania 17055 should not be award to the Petitioner, or in the alternative, why said premises should not be listed for sale with a realtor. Respectfully submitted, Dated: 3. /- q'J SAIDIS, GUIDO,SHU~F &rMASLAND .' .,' I I " / .. ...-../ ~_._._. < '---/~ , - Johnna ./Deily,jEsquir 26 West ~igh Street Carlis~, PA 1~013 (717) 243-6222 Attorney for the Petitioner SAID IS, GUIDO, SHUFF & MASLAND 26 W, High SUcci Carli.le,PA VERIFICATION I verify that the statements made in this Petition for Special Relief are truo 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 the authorities. DATED: .3 - I - C,s- \\.Cl..\J..~ S' R,..,.... 'l.J'Mt'^-. I Marian S. ~~~;~an, Plaintiff SAlOIS, GUIDO, SnUFF & MASLAND 26 W. IIIBh SIred ClltU,le,PA MARIAN S. BRENNEMAN . IN THE COURT OF COMMON PLEAS . Plaintiff . CUMBERLAND CO., PENNSYLVANIA . . . VS. : NO. 95-477 CIVIL TERM . . CHARLES V. BRENNEMAN, . CIVIL ACTION - LAW . Defendant . IN DIVORCE . PRAECIPE TO THE PROTHONOTARY: Please enter the appearance of Howard B. Krug, Esquire on behalf of Defendant, CHARLES V. BRENNEMAN, in the above-captioned matter. /'1 ,/ / PUReE L, KRUG/,&jHALLER ( // 'I / // , ,,/>\ // By / ,'. .' / H,P,ward B. Krug,nEsquue ,~ 1/16826 1719?North Front Street Harrisburg, PA 17102 (717)234-4178 Date: 4 -\ ~ ,C.'IS Ln en = n_ '" ,,., ("'~ - \"-.1 n:: .:~ CJl ~ fa !i . ~~ .... lJ 44 I': ~ H '.-i 111 Z:>t ~ '0 OUl~ I': -I': ".-i Z QJ ~ ~r-l Z 111 ffi'~ ~ o r.:iEo<:;: ;!;;:: ~ E tJ p., 0<: Ii HH r-l ZO = = 5 '" -H Z Z ~~~ f 0 .:> 1 Z r-l oj OH r-l P:: . ~ . Eo< UtJZ P:: III S , li P:: 0 III . 5 ::. O...Hr-l . ]5 ~ o Z... E-i tJ :> tJ~...uP:: CJl fl:l 10<:0 CJl r-l lfl :> Z r-l H ~ a:; (ilCTlHH ~ H tJ E-i III HQ H P:: ~ :!: .:> P:: ~ Z ::'OHZ ;! III HU:2:UH :> tJ """""- ........- .-... .-.. _Kit.. _OUIt,.,. nu..,. tun ~fNO' OJ.I\un, "'gJlIjut '''' .' ! ' " "\,."..:..:..,.<~:.;,,.:., 0;.... '. . . ~. ( .' ,,;.,,~., , ,'. . ' '.. ' , . 'w!':tl~t. '''i~.,-."............. ' -~-~-,_=_'-'---=~.__~_~_ _'_"_''',_ ' . ':"", . '" , f',. ' ..,. " '.... ' .' , MARIAN S. BRENNEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 95- 477 CIVIL TERM CHARLES V. BRENNEMAN, Defendant IN DIVORCE ANSWER TO NEW MATTER AND NOW, comes the Petitioner, Marian S. Brenneman, by and through her attorneys saidis, Guido, Shuff & Masland and respectf~lly Answers the New Matter as follows: 14. No response is required. 15. Denied. It is specifically denied that the Petitioner has done anything to damage the marital property, or to drive the Respondent out, and specifically answers the allegations as follows: (a) It is admitted that the Plaintiff bought a dog and brought him into the home; it is specifically denied that he has damaged any marital property. To plead further, the Respondent has confined the rest of the family, including the dog, to the kitchen and the basement, so the dog is in the most appropriate "safer areas of the home;" SAID IS, GUIDO, SHUFF & MAS LAND 26 W. /IIgh St",et C",U,le,PA (b) Denied. It is specifically denied that the entrance doors are opened in both hot and cold weather. The kitchen door is occasionally propped open once in awhile to let the dog in and out at times while the Petitioner is home; (c) Denied. It is specifically denied that any lights are left on unnecessarily. To plead further, it is the Respondent that keeps lights on in the garage twenty-four hours a day, and keeps a radio blaring for twenty-four hours a day, which both acts are unnecessary; (d) Denied. It is specifically denied that the Petitioner has destroyed the family pool table; (e) Denied. It is specifically denisd that the Petitioner has sold any family heirlooms or belongings; and (f) Denied. It is specifically denied that the Plaintiff has hid any marital assets. 16. Admitted. 17. Admitted in part, denied in part. It is admitted that the Respondent had some burns to the upper 1/3 of his body, but it is specifically denied that they were severe, as he was not disfigured in the least, has received no skin graphs, and has received no plastic surgery. 18. Denied. It is specifically denied that the Respondent continues to have any injuries which would prevent him from seeking employment, Specifically, the Respondent SAIDlS, GUIDO, SHUFF & MASLAND 26 W. High Stn:el Carll.le, PA refused to go to the physical therapy after his accident, refused to cover the burns, and has refused other treatment for any of the other injuries. To plead further, the Petitioner has since learned that the Respondent only went to the eye doctor subsequent to the time of receiving the Special Relief Petition. 19. Denied. It is specifically denied that any eyesight or headache problems would make it impossible for the Respondent to read, and to plead further, he studied and took SAIDIS, GUIDO, snUFF & MASLAND 26 W. llIah SIn:" CllIII.I',PA for his commercial driver' s license after the burn, and was perfectly able to see and read at that time. 20. Denied. It is specifically denied that Respondent could return to his pre-fire occupation as a supposed real estate salesman. To plead further, he has done physical work such as preparing vehicles, putting a roof on a house, built sheds, fixed appliances, and painted, all of which require more of a physical activity than involved in real estate sales. 21. It is admitted that the Respondent has no income, but it is denied as to Respondent being in the process of attempting to secure vocational counselling and assistance. To plead further, the Petitioner is without knowledge and belief as to the truth of the averments in paragraph 21, and strict proof is demanded at the time of a hearing. WHEREFORE, Petitioner requests this Honorable Court to grant her Petition for Special Relief as avered in the initial Petition. Respectfully submitted, Da ted: ./hn:.../ /:<, I";?!.- , SAIDIS, GUIDO, SHUFF /~ -.:::, ,j - ' & MASLAND . \ / - c.-J...~L...... Johnna'~. ly, Esquire ~ 26 (West H' Street Cat1isle, PA 17013 (717) 243-6222 Attorney for the Petitioner " ~. " ',r, ,',.,' ".l, ',;",'" '~", ,": ~ '.' ~ .; ,~;_..._~~~-~ - ...~: -~" VERIFICATION ;1 !; I verify that the statements made in this Answer are r i' 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 the authorities. 't\.~C"'" 'S. ~-- ~. Marian S. Bren~~aintiff " , ii il DATED: 1...\\ \ t..\~~- SAI1l1S. GUIDO & MAS1.AND 26 11'. High Street Carlisle. Pa. .1 I ...., era - J'. ';'. ~~. c::: .~. ~~.~. " '"'1, .:..;: ~\ "Ii <"'l 't. 'J . . '",~.:J ." :,1_ 7 ,i -,' " ~ .~. .,: :;: ~ '.,..... C'-....J " ,':" ,~ .' '" ~~ ~;~:' . ." I:::l ~ .., ~ ~~ffi~~ IE ~><~ffiM o OlilsQ.,E ~ ~~~~~ ..J t.:lt1.~ ~, ~ ~ Q., $ ~ fIJ 'Ii , , . . '. .. " '. ., MARIAN S. BRENNEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-477 CIVIL TERM v. CHARLES V. BRENNEMAN, Defendant ANSWER TO DEFENDANT'S COUNTERCLAIM AND NOW, comes the Petitioner, Marian S. Brenneman, by and through her attorneys Saidi$, Guido, Shuff & Masland and respectfully Answers the Defendant's Counterclaim as follows: COUNTERCLAIM - COUNT I EQUITABLE DISTRIBUTION 8. No response is required. 9. Admitted. WHEREFORE, the Plaintiff prays Your Honorable Court to equitably divide the marital property of the parties. COUNTERCLAIM - C~UNT II ALIMONY 10. No response is required. 11. Denied; it is specifically denied that the Defendant lacks sufficient property to provide for his reasonable needs, as he is presently capable of earning a living to support himself, and he need not rely on the Plaintiff to provide for his SAIDIS, GUIDO, snUFF & MAS LAND 26 W.llIgh SIred CllIlI.ic,I'A reasonable needs. 12. Denied; it is specifically denied that the Defendant lacks sufficient property to provide for his reasonable needs, as he is presently capable of earning a living to support himself, and he need not rely on the Plaintiff to provide for his reasonable needs. '. ot '. 0." WHEREFORE, the Plaintiff prays Your Honorable Court to enter an Order dismissing the claim for alimony. COUNTERCLAIM - COUNT III ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 13. No response is required. 14. Denied; it is specifically denied that the Defendant lacks sufficient property to provide for his reasonable needs, as he is presently capable of earning a living to support himself, and he need not rely on the Plaintiff to provide for his reasonable needs. WHEREFORE, the Plaintiff prays Your Honorable Court to dismiss the Defendant's claim for alimony pendente lite, counsel fees, costs and expenses. Respectfully submitted, SAIDIS, GUIDO, SHUFF & MASLAND Dated: 11- 3- 9'j Attorney for the Plaintiff SAIDIS, GUIDO, snUFF & MAS LAND 26 W. JIIgh Slrecl CllIlI.lc.PA .' VERIFICATION I verify that the statements made in this Answer to Defendant's Counterclaim are true and correct. I understand " I' that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to the authorities. DATED: \ \\~"'f: . . ~c\'<'\..Q.No.. S. ~Ovv Marian S. Br nneman, Plaintiff SAIDIS, GUIDO, SHUFF & MASLAND 26 W. IUgh SIred CArlisle, PA " MARIAN S. BRENNEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-477 CIVIL TERM v. CHARLES V. BRENNEMAN, Defendant CERTIFICATE OF SERVICE On this 1(J'Ie.. day of 7)~l.rl,h(, 1995, I Johnna J. Deily, Esquire, hereby certify that I served a true and correct copy of the foregoing Answer to Defendant's Counterclaim upon counsel for all parties of record via United States Mail, postage prepaid, addressed as follows: Howard B. Krug, Esquire PURCELL, KRUG & HALLER 1719 N. Front Street Harrisburg, PA 17102-2392 Dated: /1-,'r>.9, Attorney for the Plaintiff SAIDIS, GUIDO, snUFF & MAS LAND 26 W, IlIgh SIred CllIlI.lc,I'A IJ') C1"l . ).- ~ ~r ,. _ 41 .. , ~~~>?: ~.'::I~'_I Ol~ '.~. . c.;.. ..or, UJl:_-;r. UJf..',J. .c :J UI :~:.. ...... ~I: :.:: ('.. t ' ~") .... (~.. ", = 0- m :1' CV) 0:> =- -'; - ~ ~ ~~ ~ ~~~<~ ~ ~X [fit=:' [i; OO:I:p,,_ O. 0 al 0 . C .. '-5 ~ ~~~!!l~ ,.J "p" ~ i;;!:I: ~<p" U . en ... 8 < en " " .~ Law orlices SAID IS, GUIDO, SHUFF & MASLAND John E. SlIke Rohen C. Snldl. l!dward l!. Galdo Geollrey S. Shafl Albert II. Mn.land Jobnoa J, Deily Rlcbnrd P. MIsIII.ky TImolhy M. Aasllne Seotl D. Moore ,\ I'ROH!SSIONAI. coRI'OR^T10N 26 West High Slreet . l'oSI Olliee Box 560 Curllsle, Pennsylvunlu 17013 Telephone: (717) 243-6222 ' Facsimile: (717) 243-6486 West Shore Office: 211)') MllIkel Slreel Cnmp 11I11, PA 17011 Telephone: (717) 737-340S Fnc.halle: (717) 737-3407 Reply 'Ill Curllsle March 12, 1996 E. Robert Elicker, II, Esquire Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Brenneman v. Brenneman No. 95-477 Dear Mr. El~~r: (2,0\:. Enclosed please find the original 1020.33 Memorandum to be filed with your office. I have forwarded a copy to Howard B. Krug, Esquire, the attorney representing Mr. Brenneman. If you should require anything further from myself or my client, kindly advise. Otherwise, we will both be present for a pre-hearing conference on March 22, 1996 at 9:00 a.m. Very truly yours, , SHUFF & MASLAND John. J. D'il~ JJD/rlm cc: Marian S. Brenneman Howard B. Krug, Esquire Low Offices SAIDIS, GUIDO, SHUFF & MASLAND Jollo E, SlIke Roben C. Said Is Edward E. Guido Geollrey S, Sbull Albert H, Maslnnd Jobnna J, Deily Rlebard p, Mlslltsky TImotby M, Anstine Scotl D. Moore ^ rROH;SSIONAI, fORI'ORATION 26 Wcst High Street, Posl Office Dox 560 Carllsle,l'enmylvnnla 17013 Telephone: (717) 243.6222 ' Facsimile: (717) 243.6486 West Shore Offiee: 2109 Mar~el Slrcel Carnp 1111I, PA 17011 Telephnne: (717) 737.3405 Pneslmile: (717) 737.3407 Reply To Carlisle May 6, 1996 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover St. Carlisle, PA 17013 Re: Brenneman v. Brenneman No. 477 civil 1995 Dear Bob: Enclosed please find the Inventory and Appraisal as filed by " my client, Marian Brenneman. Very truly yours, JJD/rlm Enclosure cc: Marian Brenneman .~ - " -.-_.....'l.~fl.t, '. LAW OFFICES .SAIDIS, GUIDO, SHUFF & MASLAND . - 26 W, 11I011 STRBllT 'CARL/SLll, PENNA, 17013 . PI/ONB (717) 243-6222 CERTIFIBD COPY: 5-q-q~ ,..............~'lIio. " ...1 - ..... . ,.,.. I Il I i Plaintiff, Marian S. Brenneman's INVENTORY AND APPRAISAL Brenneman v. Brenneman No. 95-477 civil Term PERSONAL PROPERTY Assets Jewelrv: Wedding Ring Gold Charm Bracelet 18K White Gold Ring with European cut Diamond Wedding Band Yellow Gold Ring with Citrine Pearl Necklace Ruby Ring 14K Gold Necklace Gold Ring with Diamonds 18" Gold Chain Diamond Earrings Pearl Ring Scarab Bracelet Rose Quartz Scarab Bracelet Towle Sterling Silver King Richard Pattern Chad's bedroom: Two dressers Mattress and boxspring Headboard Jerome's bedroom, Bedroom suit Cedar chest Desk and chair pink bedroom furniture: Chest, highboy, mirror, bed, Two end tables Two Lamps Value $1,200.00 300.00 200.00 150.00 150.00 100,00 100,00 250.00 225.00 75.00 99.00 50.00 29.95 19.95 3,500.00 50.00 50.00 50.00 100.00 100.00 100.00 400.00 40.00 -1- Marital Possession yes no W W no yes no no no yes yes no no no no no W W W W W H H W W W W W yes JT yes yes yes JT JT JT yes yes yes JT H H yes yes JT JT Assets Yellow bedroom: Bed and end table Cedar chest Marble top end table Computer IIC 386 IBM Dinnina Room: Dinning room table, 6 chairs hutch and buffet Contents of hutch and buffet Hummel plates Glassware, candles and candlesticks Pewter tea service Two Pewter vases Pewter candlesticks, candle- snuffer and cup Dinning Room knick-knacks Pendulum Clock Livina Room: Oversized Gold Chair One Massage Heater, Lounger Red Couch Swivel rocker Ottoman Copper Kettle Two end tables Two lamps One rocker Child's rocker Child's highchair Fireplace stuff Milk can TV pictures Kitchen: Kitchen aid mixer Microwave Tupperware Hand mixer Value $ 45.00 100.00 sentimental no Marital Possession yes no w W JT o yes 300.00 yes 750.00 150.00 TO BE DETERMINED sentimental 100.00 30.00 sentimental sentimental unknown 50.00 50.00 250.00 50.00 25.00 sentJ.mental 100.00 30.00 sentimental sentimental sentimental 50.00 sentimental 75.00 unknown 75.00 50.00 20.00 15.00 -2- Chad yes yes no JT JT W no yes yes w w w no no yes W JT JT yes yes yes yes yes no yes yes no yes yes yes yes yes no H H W W W W JT JT W Jerome Chad H W JT JT yes yes yes yes JT JT JT JT Assets Kitchen cont'd: Value Marital yes no no yes yes yes no yes yes yes yes yes yes no yes yes yes yes no yes yes yes yes yes yes Possession JT W W JT JT JT W JT JT H JT Chad W W W H H H W JT children H H H JT Blender Bread maker Pasta maker Fryer Rice cooker Grill/Waffle maker Iron Pots and Pans and utensils Toaster Table, 6 chairs Washer and Dryer $ 10.00 100.00 50.00 25.00 15.00 10.00 20.00 100.00 10.00 300.00 100.00 13" TV 25.00 20" TV 100.00 25" Console GE sentimental 25" Zenith 100.00 TV in pink bedroom 100.00 25" non-remote 25.00 Two TVs non-remote Yellow 50.00 Basement: One chair blue pinstripe Freezer Toys, books, etc. above garage One Rocker 25.00 50.00 unknown 100.00 Outside: Mitre saw, power equipment, tools, lawn mower (riding and push), lawn sweeper, horse trailer, tractor trailer, shed, antique parts, motorcycles, vehicles, dolly, welder, bicycles, air compressors 4,000.00 Train set unknown Vehicle: 1985 Cadillac 2,000.00 -3- INTANGIBLE PROPERTY Assets Value Marital Possession Carlisle Hospital and Health Service Employees Retirement Plan $17,553.55 yes w REAL ESTATE 194 Konhaus Road $135,000.00 yes JT ($15,500.00 premarital) TOTAL VALUE $169,522.45 Jobn B, SlIke Robert C. Saldls Ildwnrd B. Guido Oeoffrey S, Shufr Alben II, MllSlnod Johonn J, Deily Rlcbard p, Mlallllky llmotby M, Anstloe Scott D, Moore Low Offices SAlOIS, GUIDO, SHUFF & MASLAND ^ fROH!SSIONAL CORfORATlON 26 West High Street. Post Office Box 560 Carlisle, Pennsylvania 17013 Telephone: (717) 243.6222. Pacslmlle: (717) 243.6486 West Silo... orner: 2109 MlIIkel Slrec:l Camp 11111, PA 17011 Telephone: (717) 737.3405 r.e.lmlle: (717) 737.3407 June 7, 1996 Reply Th Carlisle Howard B. Krug, Esquire Purcell, Krug & Haller 1719 N. Front St. Harrisburg, PA 17102-2392 Re: Brenneman v. Brenneman Dear Howard: I have yet to receive your Inventory and Appraisal as required by the Master. Could you please have your client prepare one and send it to me forthwith. I am also enclosing a copy of the Appraisal that I received from Steve Barrett, showing the values for 1978, the date of separation, and the present value of the property. Hopefully, once these things have been in place, we would be able to schedule another hearing, or to entertain an offer for negotiating a settlement. Very truly yours, SAIDIS, GUIDO, SHUFF & MASLAND Johnna J. Deily JJD/rlm cc: Marnie Brenneman E. Robert Elicker, II, Esquire MARIAN S. BRENNEMAN, . IN THE COURT OF COMMON PLEAS . Plaintiff . CUMBERLAND CO., PENNSYLVANIA . : vs. . NO. 95 - 477 CIVIL TERM . . . CHARLES v. BRENNEMAN, : Defendant : IN DIVORCE NOTICE TO THE PLAINTIFF: If you wish to deny any of the statements set forth in this Affidavit, you must file a counteraffidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted, DEFENDANT'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE l. The parties to this action separated on JUNE 1, 1994 and have contrnued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. c.S, S4904 relating to unsworn falsification to authorities. Date: 6/20/96 ~-~~~~ CHARLES V. BRENNEMAN . . .' .... ('. h; " I); ; ;~ . 111f": 0: '-' (j ._l oj p=': . )..-'" I. ~., ~ ;,.. ~~ ... C,")~-l 1-:J /?'.. '-- !::J" <'J " ((1 L.: ~ .'.1 .'.. ., ~~, f'-: ~l ", iJ :JIJ.. ". In Q ::1 c', l.l .0: H .0::::- ~ ~1-1 ~ 1-1:>< 0 i: PlUl ~~ .. Z ~ zz ~ ~ ., O~ ..... ..j.J HE-ltll , ~Pl ..... ZC E-lHE-< i' Z'M .0: rU ~~r.. ~ '~, 0 . ffi,~ :<:'0 ~ 5 N u:>< ~c ~~o N E-l ;2: Q) ~~~ 0 1'<;2: Z rU z.... Plr:t<- 5 0:::> Z.-i ~Q) (I:l~~ ~ 0 r.1Pl ~O o . oj E-lU ~ al tIl .-i(l:l . . I s . ~ al E-<:IlOO . ::> o,...~ '1"10 15 OZ,.. :> OE-<MU u.o:"l'r.1 UI E-<~ztJ t;11E'< Ul r.1 1I1 Z ~ (I:l~O :Il~"'1-1 .0: 1-1 U H~ ~ E-lal H H ~ H~E-<O :E: .> t>: .0: E-<r:t<u~ Z::>OH ~ Ul :Il O~(I:l HUZU :> u :Z:OC/lC .....KII...O..II..'.nl...~."'~ - oP4rwoJ 0) 1'1.UOI "on UUI ,,, .....- ..~'.-,.. 0H neT ..;:: "'11' .,n 1 ~ I . . ;,., c., Il- ,;, ~ i t". ~ I 'II, } riLro ~CI':F!C[.: cr 7: ,- 0 1--',~ . - ,:1 Ut;y C~.,i:I~:: :, '01\;1' i\~a'\~; o'i.\:. I I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARIAN S, BRENNEMAN, Plaintiff ) ) ) ) ) ) ) CIVIL ACTION - LAW DIVORCE NO, 95-477 v, CHARLES V, BRENNEMAN, Defendant PETITION OD.JECTING TO STRIKING OF MATTER AND NOW, comes the Plaintiff, Marian S. Brenneman, by and through her counsel, HOWETT, KISSINGER & MILES, P.C" and files this Petition Objecting to Striking of Matter and states as follows: I. Plaintiff, Marian S. Brenneman commenced a divorce action to the above referenced number on or about January 27, 1995, 2, Plaintiffhas been notified that her case has been listed as inactive and is scheduled to be stricken on October 27, 1998. 3, Plaintiffobjects to her case being stricken for the following reasons: I, PlaintitThas obtained new counsel and has advised new counsel to proceed to prosecute the case, 2, A pre-trial conference before the Divorce Master has been scheduled for Thursday, December 8, 1998, Following said conference, the ense will be in a position to proceed to Divorce Mnster's henrings, 3, PlnintitTwill be prejudice in the event snid cnse is stricken in that she will have to agnin pny the attorney's fees and costs necessnry to file a new divorce action, , -"':.',,', ." . ' ' .' . " : ~, II', ""..':.,"";., ", ' " WHEREFORE, Plaintiff requests this Honorable Court to enter an order directing tlmt the above-captioned case shall remain active and shall not be stricken, Respectfully submitted, Date: d?Jrf C;( Cindy S, Conley, quire HOWETT, KISS GER & MILE ,P.C, 130 Walnut Street P.O, Box 810 Harrisburg, P A 171 08 Telephone: (717) 234-2616 Counsel for Plaintiff Marian S. Brenneman VERIFICATION I, Cindy S, Conley, Esquire, hereby swear and affirnlthatthe facts contained in the foregoing Petition Objecting to Striking of Maller arc tme and correct to the best of my knowledge, infornlation, and belief based upon infornmtion provided by Plaintiff and from my own first-hand knowledge and that said facts are made subject to the penalties of 18 Pa, C,S, 94904 relating to unsworn falsification to authorities, Plaintiff is outside the jurisdiction ofthis Court such that his/her verification cannot be timely obtained, Cindy S, onley, Esquire Date: 149.Jpf ff & IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARIAN S. BRENNEMAN, ) Plaintiff ) I ) NO, 95-477 v. ) ) CHARLES V. BRENNEMAN, ) CIVIL ACTION - LAW Defendant ) DIVORCE CERTIFICATE OF SERVICE I, Cindy S, Conley, Esquire, counsel for Marian S. Brenneman, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Petition Objecting to Striking of Maller was served upon Howard B, Krug, Esquire, counsel for Defendant Charles V, Brenneman, by depositing same in the United States mail, first class, on September 29, 1998, addressed as follows: Howard B. Krug, Esquire 1719 North Front Street Harrisburg, P A 17102 Date:cJ9JrY! 9 r 1 Cindy S, Co ey, Esquire HOWETT ISSINGER & 130 Walnut Street P,O, Box 810 Harrisburg, P A 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Marian S, Brenneman .. ~ , .' ~: :'''i.~ Q- -~ ~ u..,~ ~ . r.)~:J 0- ~~(j - ...' P':; tii-il ~ , ~.~u.. , :s , u d i:l< lj~ fIi r.l ~~ ~ ..:l 1'l tJ ;! ~ 05 13 ~~-< gsffi .. z > ~Cd ~~ H . ~p., "" . Z e r.l ~ g ~:::: :5'" 8 . j Gl~ E~5uffi lj~ !~ Z"t:l II 0~3!E.. I ~~ ~tIl:<o<5 '... jtll~l;;s H8 Z III o-t . <<lQ) S"'Io= ~!~E <<lP" > "" - p.. !l .. . .. . ~. !:: ;j <I.l . 1< ~ ~~~~ ~ ~ :z: ~ciH ~ 0 H ZU U == . . , . ut; \ i!. 199fljA,Y 1I0WI':'IVI~ IUSSINGlm & MIU~S. He. . 'I vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95 - 477 CIVIL MARIAN s. BRENNEMAN, Plaintiff CHARLES V. BRENNEMAN, Defendant IN DIVORCE ORDER OF i\lli1. AND NOW, this ~ day of 1999, the economic claims raised in the proceedings ing been resolved in accordance ~ith a marital settlement agreement dated June 29, 1999, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. cc: cindy S. Conley Attorney for Plaintiff _ C""':'.w ,,,~..<.. 7 M qq, 1) ....a. '6', P.J. Howard B. Krug Attorney for Defendant the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1, ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection (Cindy S, Conley, Esquire for Wife and Howard S, Krug, Esquire for Husband). Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution ofthis Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements, In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to detennine all marital rights ofthe parties including divorce, alimony, alimony pendellle lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each ofthe parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation, 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery pennilled under the Pennsylvania Divorce Code or 2 ." the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts oflhis commonwealth or any other court of competent jurisdiction, The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone, Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them, Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, thai he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any , action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart, Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other, Each may reside at such place or places as he or she may select, Each may, fo'r his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable, Husband and 3 Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or allemptto compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. It is the intention oflhe parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only, The parties acknowledge that on January 27, 1995, Wife initiated a divorce action under, inter alia, the no-fault provisions of the Divorce Code by filing a complaint docketed at number 95.47 in the Cumberland County Court of Common Pleas, The parties acknowledge that the ninety (90) day waiting period provided for under ~3301(c) of the Divorce Code has expired. Therefore, contemporaneously with the execution oflhis Agreement, each party will sign an Affidavit of Consent to Divorce and Waiver of Notice ofIntention to Request Entry of Divorce Decree and deliver same to counsel for Wife, who shall promptly submit said affidavits and waivers to the court, along with a Praecipe to Transmit Record, Vital Statistics Fonn and any and all other documents necessary to precipitate the prompt entry of a divorce decree, It is the intention of the parties to obtain a decree as soon as possible after execution of this agreement. 5. EOUlT ABLE DISTRIBUTION. (a) Marital Residence, The parties acknowledge Ihal Husband is the titled owner oflhat certain house and lot and all improvements thereupon situaled at 194 Konhaus Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055 (hereinafter referred 4 ..' > to as the "Marital Residence"), The parties agree as follows with respect to the Marital Residence: (I) Wife shall waive any right, title and interest she has in the Marital Residence and Husband shall be and remain the sole and exclusive owner of the Marital Residence. (2) Commencing on the execution date of this Agreement, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held hannless from any liability, cost or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in the Marital Residence. (3) Upon receipt of the lump sum payment due Wife pursuant to paragraph 5 (g) below, Wife shall within thirty (30) days of receipt thereof, vacate the Marital Residence. (b) Furnlshlnl!s nnd Personaltv. (I) The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence including all furniture, furnishings, anliques,jewehy, rugs, carpels, household appliances and equipment and that such agreement is clearly set forth on Exhibit "A" which is attached hereto and incorporated by reference herein as if set forth at length, 5 (2) Exccpt as othcrwise set forth herein, Wife shall retain, as her sole and separate property, frce of any and all right, titlc, claim or interest of Husband, all of the personalty and furnishings to which she is entitled pursuant to Exhibit "A," In addition, Husband shall, simultaneously with the execution of this agreement, return to Wife the silvcr plated tea service which is currently in Husband's mother's possession but which is actually the property of Wife's mother. (3) Except as otherwise set forth herein, Husband shall retain, as his sole and separate property, free of any and all right, title, claim or interest of Wife, all of the personalty and furnishings to which he is entitled pursuant to Exhibit "A." (d) Motor Vehicles. The parties agree that each shall retain as his/her sole and exclusive property, any and all motor vehicles in hislher name and possession, subject to any indebtedness pertaining thereto. The parties acknowledge that they own jointly a 1985 Cadillac automobile. Upon return of the silver plated tea service mentioned in paragraph 5 (b) above, Wife shall, at Husband's request, execute the title transferring all of her right, title and interest in the 1985 Cadillac to Husband and thereafter, said vehicle shall be the sole and exclusive property of Husband, (e) Life Insurance. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all policies of insurance owned by or insuring the life of the other, including cash surrender value, ifany and also specifically to include a waiver of any beneficiary designation thereunder. (I) Pension and Retlremcnt Benefits. Wife and Husband specifically releases and waives any and all right, title and interest her as she may have in and to any retirement benefits (including but notlimitcd to pension or profit sharing benefits, deferred 6 compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts and other similar benefits) of the other party. Husband specifically acknowledges that he is waiving any right, title and interest he may have in Wife's Carlisle Hospital and Health Service Employee's Retirement Plan, The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. (g) Lump Sum Pavment to Wife. Simultaneously with the execution ofthis agreement, Husband shall pay to Wife as and for equitable distribution the sum of $50,000.00, (h) Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession, This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and 011 rights in such property from each to the other. (I) Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement, Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute o sufficient bill of sole to evidence the transfer of any and all rights in such properly from Husband to Wife, m Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the properly awarded to him by the temlS of this 7 Agreement, Wife hereby quitclaims, assigns and convcys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. (k) Assumption of Encumbronces. Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the effective date of this Agreement. Each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party wiII suffer or may be required to pay because of the debts, encumbrances or liens assumed by the other pursuant to this Agreement, (I) LlablIltv Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable, A liability not disclosed in this Agreement will be the sole responsibility ofthe party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property hnnnless from any and all such debts, obligations and liabilities. (m) Indemnlficotlon of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well. founded, and indcmnify her and her property against 8 any damages or loss resulting therefrom, including, but not limited to, costs of court and actual , I: I I I ! 1 attorney's fees incurred by Wife in connection therewith, (n) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith, (0) Warranty as to Future ObIh!Rtlons. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution ofthis Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 6. W AIVER OF ALIMONY. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason ofthe parties' marriage to alimony, alimony pel/del/Ie lile, support and/or maintenance or other like benefits resulting from the parties' status as husband and wife, The parties further release and waive any rights they may have to seek modification of the tenns of this paragraph in 9 ", a court oflaw or equity, it being understood that the foregoing constitutes 0 final determination for 011 time of either party's obligation to contribute to the support and maintenance of the other, 7. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their seporntion and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 8. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights ofinheritance in the estate of the other, any right to elect to toke against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed genero\1y and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, 9. WAIVER OF BENEFICIARY DESIGNATION. Unless othelWise specifically set forth in this Agreement, each party hereto specifically waives any and a\1 beneficiary rights and any and all rights as 0 surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in elTect as of the dale of execution of this Agreement. Ifand in the 10 event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 10. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to 93502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthennore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marltal relationship or otherwise, including all rights and benefits under the 11 " Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions, Neither party shall have any obligation to the other not expressly set forth herein, (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue ofthe marital relationship ofthe parties whether now existing or hereafter arising, The above release shall be effective regardless of whether such claims arise out of any fonner or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes,..€ o.-;Jitt() C7;f:l civil or criminal, .~n4tioA. claims, rights or demands whatsoever in law or in equity, which fY\~ either party ever had or now has against the other. 11, PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to 12 .\ "-', the marital estate, and each party will allow the other party access to those records in the event of tax audits, 12. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto, 13. SEVERABILITY. Ifany provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 14. BREACH. If either party hereto intentionally and knowingly breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all actual and reasonable costs, expenses and legal fees incurred in the enforcement of the rights of the non- breaching party. IS. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement, 16, NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested, Notice to Husband will be sufficient ifmade or addressed to thc following: 13 Charles V. Brenneman c/o Howard B, Krug, Esquire Purcell, Krng & Haller 1719 North Front Street Harrisburg,PA 17102 and to Wife, ifmade or addressed to the following: Marian S. Brenneman c/o Cindy S, Conley, Esquire Howell, Kissinger & Miles, P.C. P.Q, Box 810 Harrisburg, PA 17108 Notice shall be deemed to have occurred upon the dale received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions ofthis paragraph, 17. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict oflaw rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 18. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or ifnot on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 19. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 20. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effcct and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or altempt to effect a 14 , ' " reconciliation, This Agreement also shall continue in full force and effect in the event of the parties'divorce, There shall be no modification or waiver of any of the tenns hereof unless the parties in writing execute a statement declaring this Agreement or any tenn of this Agreement to be null and void, 21. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text ofthe several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 22. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest ofthe parties, 23, ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties, This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 24. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change ofbeneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement, If either party unreasonably fails on demand to comply with these provisions, that 15 " , . party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 25. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released, IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments, CHARLES V, BRENNEMAN WITNESS WITNESS ~ ~ ().,v,.. ~. ~ No..fWVo...\>.Ar MANS, BRENNEMAN 16 I, i . , . COUNTY OF ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared MARIAN S. BRENNEMAN known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE thiS~ day of ~ ,1'99. My commission expires: NOT AAIAL SEAL DEBRA M, SHIMP, Notary Public Harrtabu'll. Oauphin County, PA M Commlsalon ex rea A , 23, 2001 . : TO HUSBAND 14K Gold Necklace Gold Ring with Diamonds C dar Chest (Jerome's Bedroom) e h . (J me's Bedroom) Desk and C air e~o B d ("Pink" Bedroom) Ch t Highboy MllTOr, e es, , ("P"nk" Bedroom) Two End Tables I Two Lamps ("Pink Bedroom) Bookcase ("Yellow" Bedroom) Picture above Fireplace Two End Tables Two Lamps . . D Picture Frames beside Patio oars Green Refrigerator GE 1986 Table, 6 Chairs R Metal Cabinet Green Laundry oom TV in Pink Bedroom Freezer One Rocker Cabinet Eight Door Wooden Storage Train Set Toy Tractors Mitre Saw Power Equipment Tools , , d h) Lawn Mower (ndlng an pus Lawn Sweeper Horse Trailer Tractor Trailer Shed Antique Parts Motorcycles Vehicles Dolly Welder Bicycles ~~oit:C.~-Z;'(10~, J"'-';r<Dio(..r f 4 I AiL. CtJ. ~/~ I f5//r1rt.S .,. f.V/Y) DW CO 1JfI)'7S l/ /11/ liMIt IW.. F,l(/u"" I L'Jhti , 1541"s 4t-'ji, h""t, ep:,~ d'S jj;J;I,~ WItS?'S s;,,;';;;;j; I) ( tj7Jqt~/7??:4 Jim.!. ;w tf;s 70 (0, ~ tit EXHIBIT "A" 7~ h""'f , ''IrAtil'J 1h((PfJftf I,y(, NlS8 CJf7 '\ .. . . TO WIFE Wedding Ring Gold Chann Bracelet 18K White Gold Ring with European Cut Diamond Wedding Band Yellow Gold Ring with Citrine Pearl Necklace Ruby Ring 18" Gold Chain Diamond Earrings Pearl Ring Scarab Bracelet Rose Quartz Scarab Bracelet Towle Sterling Silver King Richard Pattern Two DresEers (Chad's Bedroom) Mattress and Boxspring (Chad's Bedroom) Headboard (Chad's Bedroom) Bedroom Suit (Jerome's Bedroom) Two Figurines ("Pink" Bedroom) Bed and End Table ("Yellow" Bedroom) Cedar Chest ("Yellow" Bedroom) Marble Top End Table ("Yellow" Bedroom) Computer IIC ("Yellow" Bedroom) Dining Room Table, 6 Chairs Hutch and Buffet Contents of Hutch and Buffet Hummel Plates Glassware, Candles and Candlesticks Pewter Tea Service Two Pewter Vases Pewter Candlesticks, Candlesnuffer and Cup Dining Room Knick-Knacks Pendulum Clock Oversized Gold Chair One Massage Heater, Lounger Red Couch Swivel Rocker Ottoman Copper Kettle One Rocker EXHIBIT "A" Child's Rocker Child's Highchair Fireplace Stuff Milk Can TV Pictures Kitchen Aid Mixer Microwave Tupperware Hand Mixer Blender Bread Maker Pasta Maker Fryer Rice Cooker Grill/Waffie Maker Iron Pots and Pans and Utencils Toaster 13" TV 20"TV 25" Console GE 25" Zenith 25" Non-Remote Two TVs Non-Remote Yellow One Chair Blue Pinstripe Toys, Books, etc. above Garage