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HomeMy WebLinkAbout99-02853 I t w? .7 i I I Mi Do o- s m IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY .Q STATE OF PENNA. r ,M3 ., a S: DANIEL T. BERDEL, Plaintiff, N O. 99-2853 VERSUS MARIE E. BERDEL, Defendant. DECREE IN DIVORCE AND NOW, Oth, bae. Z? , you,z IT IS ORDERED AND DECREED THAT Daniel T. Berdel _, PLAINTIFF, AND Marie E. Berdel , 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; The Marital Settlement Agreement dated September 20, 2002 is incorporated but not merged into this Decree. E F 7 .'1e /D-3 -Qa ?? Fmk <rr?dzc? Michael S. Travis ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 In the Court of Common Pleas of Cumberland County, Pennsylvania DANIEL, T. BERDEL, ) Plaintiff, ) VS. ) MARIE E. BERDEL, ) Defendant. ) No. 99-2553 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: Ground for divorce: irretrievable breakdown under § 3301(c)(1) of the Divorce Code. 2. Date and manner of service of the complaint: Complaint was mailed May 12, 1999, via United States certified mail, restricted delivery, return receipt requested to Defendant, which was received by Defendant on May 13, 1999, Affidavit of service attached hereto. 3. Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff on September 20, 2002; by Defendant on Sept. 24 2002. 4. Related claims pending: Economic claims are resolved by Marital Settlement Agreement dated September 20, 2002; incorporated by reference hereto. 5. Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: sett Z c.. _ z « 7' Date Defendant's Waiver of Notice in § 3301(c Divorce was filed with the prothonotary: i ichael S. Travis Attorney for Plaintiff r5; J?' N 'rn U M C) U DANIEL T. BERDEL, IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99 - :2J'53 CIVIL TERM MARIE E. BERDEL, IN DIVORCE DEFENDANT. NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Courthouse Carlisle, Pennsylvania 17013 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 DANIEL T. BERDEL, IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99 -.1SS3 CIVIL TERM MARIE E. BERDEL, IN DIVORCE DEFENDANT. NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. DANIEL T. BERDEL, PLAINTIFF, V. MARIE E. BERDEL, DEFENDANT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 453 CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE Plaintiff, by his attorney Michael S. Travis, respectfully represents: 1. The Plaintiff is Daniel T. Berdel, who resides at P.O. Box 3092, Shiremanstown, PA, Cumberland County, Pennsylvania 17011, since June of 1998. 2. The Defendant is Marie E. Berdel, who resides at 1809 Willow Road, Camp Hill, Cumberland County, Pennsylvania 17011, since 1990. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 6, 1983, in Phildadelphia, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The parties have been living separate and apart. At a subsequent time, Plaintiff may submit an Affidavit that the parties have lived separate and apart for at least two (2) years. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Plaintiff requests the court to enter a decree of divorce. 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. § 4904, relating to unswom falsification to authorities. Date: '?;- 11, J9a A'j (1 Daniel T. Berdel, Plaintiff is Gael S. Travis Attorney for Plaintiff I.D. # 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 Fax 731-9511 LL C.i C7 C? '1 U r? r t" O SENDER: I also wish to receive the is Complete items 1 and/or 2 for additional services to trams 3, Jo, and Ab. Comple • follow s0NIC05 for an la - 1 1 m 1! card to • Pont your name and address on the roverso of this term so th cord to ou. 1? IOAT at we can return this Q C?' ¦* ' m ! w d s Attach tKis loan to the front at the mmlpiuce, or on the back if Q d r A d space doo5'not 2 D R 9? ? p? a b 2 IV ` d ee a Belo v .on ace ptt Reque c r i c s num d/ 6.b . N Y T er N E heR a c ed nd the de • The Re u il to whom l aan le delivered. Consult postmaster or fee. a ! 0 3. Article Addressed I0: 4a. Article Number m l 9(o 3 ?/s ? IM a y /l &"X det 4b. Service Type E 9 //? / nOq? 10 /r El Registered IFSGertified x , , ? Express Mail ? Insured AW ? Return Receipt for Merchandise ? COD 7. Date olf'iv?ry? ? o 5. Received By: (Print Name) 8. Addressee's Address (Only i req sled Y, and fee is paid) m j 6 U.. {Addressee gent) H - c & Uu, 2 PS Form 3811, December 1994 1025559380229 Domestic Return Receipt i ! 's i In the Court of Common Pleas of Cumberland County, Pennsylvania DANIEL T. BERDEL, ) Plaintiff, ) VS. ) No. 99-2853 MARIE E. BERDEL, ) CIVIL TERM Defendant. ) IN DIVORCE AFFIDAVIT OF SERVICE I, Michael S. Travis, attorney for Plaintiff, in the above captioned action for divorce, hereby state that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by Certified Mail No. Z 476 963 451, return receipt requested, by depositing the same in the United States mail on May 12, 1999, pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the green return receipt card attached hereto, the Complaint was received by the Defendant on May 13, 1999. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. is rael S. Travis 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 c;;. ,z iii.? ? JY> C ; ) , L:C_. l0 ??rq t-i a. ZFA LJ n CD N j o U In the Court of Common Pleas of Cumberland County, Pennsylvania DANIEL T. BERDEL, Plaintiff, ) VS. ) No. 99-2853 MARIE E. BERDEL, ) CIVIL TERM Defendant. ) IN DIVORCE AFFIDAVIT OF CONSENT A complaint in divorce under § 3301(c) of the Divorce Code was filed on May 11, 1999. 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. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATED: ?Z J"" T 6"/y Daniel T. Berdel, Plaintiff U A an j CL? ! C4 j.Icl U U In the Court of Common Pleas of Cumberland County, Pennsylvania DANIEL T. BERDEL, Plaintiff, ) VS. ) No. 99-2853 MARIE E. BERDEL, ) CIVIL TERM Defendant. ) IN DIVORCE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: 4 Zo o Z Ai- l+ &d--(' Daniel T. Berdel, Plaintiff N .1Z LLJ "? sl a O CNI U v DANIEL T. BERDEL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 99-2853 MARIE E. BERDEL, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 5-11-99 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: ) e:q ec;- Marie E. Berdel U, ?C) J J ... «•: ?.D l '.+ rn 2, C? a. 00 ? • L?l :,.10. V: O o U DANIEL T. BERDEL, Plaintiff V. MARIE E. BERDEL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99-2853 CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY QF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dale: 9 of y d J ?? ?f.n w 1 )X ?.3 Marie E. Berdel c7i c {. L U o ci U 41-1- DANIEL T. BERDEL, PLAINTIFF, V. MARIE E. BERDEL, DEFENDANT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99-2853 CIVIL TERM IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT Counsel of record: Michael S. Travis, Esquire for Plaintiff Marianne Rudebusch, Esquire for Defendant MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this2eday of54 l r, 2002, by and between Daniel T. Berdel, (hereinafter referred to as "Husband,") and Marie E. Berdel, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on August 6,1983; and WHEREAS, there are two children born of this marriage, Daniel Berdel, Jr., and Jeffrey W. Berdel, born May 17, 1984, and May 4, 1987; WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and NOW, THEREFORE, the parties intending to be legally bawd hereby do covenant and agree as follows; DEFINITIONS (a) Date of Execution of this Agreement. The phrase "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the parties if they each have executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. (b) Distribution Date. The phrase "distribution date" shall be defined as fourteen days following the entry of a final decree in divorce and the filing of Waivers of Appeals by each party. If the fourteenth day falls on a weekend or holiday, the distribution date shall be the next business date. 2. ADVICE OF COUNSEL The parties have had an opportunity to review the provisions of this Agreement with their respective counsel. Husband is represented by Michael S. Travis, Esquire. Wife is represented by Marianne Rudebusch, Esquire. Husband and Wife acknowledge that this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party agrees that he or she shall not at any future time raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement with the exception of disclosure that may have been fraudulently withheld. 3. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 4. INTERFERENCE Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of the agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, follow, stalk, nor in any way interfere with the peaceful existence, separate, and apart from the other. 5. DIVISION OF PERSONAL PROPERTY l The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible marital property. Excepting the list attached hereto as Exhibit "A," neither party shall make any claim to any other such items of marital property, or to the separate personal property of either property, which are now in the possession and/or under the control of the other. Husband shall receive the parties' Member's 1" Federal Credit Union Account No. 36677 with an investment savings account balance of approximately $32,000.00 and checking account balance of approximately $1,000.00. In the event of his disability, Husband shall make provisions to permit account access for the children. Wife shall receive the parties' PNC checking Account No. with an approximate balance o ,()D ?t f s Dig The parties agree to cooperate in transferring any title or document to accomplish the above distribution. 6. CHILD CUSTODY The parties shall share legal custody of Daniel Berdel, Jr., DOB: 5-17-84, and Jeffrey W. Berdel, DOB: 5-4-87, as to all matters regarding the children's health, education and welfare. Wife shall be the primary physical custodian, subject to Husband's liberal periods of visitation as the parties may agree. The non-custodial parent shall have liberal telephone contact with the children. Holidays: Mother and Father shall share holidays as they may agree. Father shall have two weeks of uninterrupted visitation during the summer, after having given at least thirty (30) days' notice to Mother. The parties shall have the right to modify any provision of the custody schedule hereto upon mutual agreement by both parties. In the event a proposed modification is not agreed to, the schedule as stated shall be complied with by the parties. The parties reserve the right to modify this Stipulation and Agreement through the court pursuant to Pennsylvania Law, as Cumberland County, Pennsylvania, shall retain jurisdiction. Children's Preferences. Husband and Wife recognize that the Children may have wishes and preferences of their own with respect to the foregoing custody arrangements, which the parties agree to consider in establishing such custody arrangements. Neither party shall remove the children from the Commonwealth of Pennsylvania for the purpose of relocating without first having obtained the written consent with sixty (60) days' prior notice of the other party. 7. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE Pending entry of the decree in divorce, Wife shall receive support in the amount of $800.00 which shall be deemed alimony pendente lite. Neither party shall be entitled to further spousal support or APL except as discussed in Paragraph 9 relating to alimony. 8. CHILD SUPPORT (a) Commencing on the date of execution of this Agreement, Husband shall pay to Wife for the support of the Children the sum of Twelve Hundred Fifty Dollars ($1,250.00) per month payable on the first business day of each month. Said support payments shall be apportioned as follows: Eight Hundred Twenty-Five Dollars ($825.00) for Jeffrey Berdel and Four Hundred Twenty-Five Dollars ($ 425.00) for Daniel Berdel, Jr. Such payments are solely for the purpose of child support and shall not be taxable to Wife nor deductible by Husband. Husband shall continue to provide said support for both children until the earlier of the time they reach the age of twenty-three (23), or have joined the armed forces or graduated from an undergraduate college. (b) Medical and Dental Care. Husband shall maintain, at no expense to Wife insurance coverage for hospital, medical, and dental expenses for both children which coverage shall be no less than the benefits provided by Husband's current carrier. Husband represents that he presently is carrying for the benefit of the Children major medical expense insurance under a group insurance plan in effect at Pennex Aluminum, Wellsville, Pennsylvania, where Husband is presently employed. Husband is entitled to the benefits of the aforesaid major medical expense insurance only so long as he is employed by said Pennex Aluminum. Husband shall maintain said insurance or its equivalent protection at his expense during his lifetime for each of the Children until they respectively reach the age of twenty-three, obtain an undergraduate degree, marry, or die, whichever event first occurs. l So long as he continues in the employ of Pennex, and so long as the group insurance plan is in effect there, Husband shall maintain the major medical expense insurance for each of the Children until they respectively reach the age of twenty-three, obtain an undergraduate degree, many, or die, whichever event first occurs. If Husband ceases, for any reason, to be employed by Pennex, Inc., and if there is a similar insurance plan in effect in any i f 1 other place of employment with which he may be subsequently associated, he shall make the benefits of the plan available to the Children for the periods and on the conditions abovc stated. If Husband ceases for any reason to be employed by Pennex, and if there is no other similar insurance plan in effect at any other place of employment with which he may subsequently become associated, then Husband shall secure, maintain and provide coverage at least equal to that set out in this subparagraph for the benefit of the Children. Husband will pay the premium for said insurance. Nothing contained herein, however, shall obligate the Husband to secure or maintain any major medical expense insurance on any basis other than as set forth above. With respect to all reasonable medical (including psychiatric and/or psychological counseling) and dental and/or orthodontic expenses, which are not paid for by the foregoing insurance, Husband, upon receipt of a bill in connection with such medical expenses, shall promptly make claim upon the insurance carrier underwriting the medical coverage he has agreed to maintain in this Paragraph. Husband will pay any medical bills which are not covered by reason of not having insurance coverage as required by Paragraph 8 b and its subparagraphs. If, for any reason, full reimbursement of said bill is not received, Husband will so inform Wife, who will then make claim upon any insurance carrier underwriting whatever medical insurance she may be carrying, if any. If Wife can obtain insurance through her employment or otherwise which is more economical, that insurance shall be used at Husband's option and he shall pay any difference in premium which exceeds the rate for his policy. (d) Children's Education. The parties agree that they have a primary concern to provide the highest quality education for the Children. It is agreed that the Children are presently enrolled at Cedar Cliff High School and that the Children shall remain enrolled at Cedar Cliff through the twelfth grade, unless both parents consent to an alternate school. Thereafter each child shall enroll at a school acceptable to both Husband and Wife, but neither parry shall unreasonably withhold his or her consent. Husband and Wife further agree that the mutual fund established with Prudential, in the approximate amount of $ 18,419.33 will be used to fund the children's education. It shall be shared equally to fund the children's education through graduation from college. Husband shall update Wife no less than annually as to the account balanccs. In the event of I Iusband's death, Wife shall be named as trustee for the accounts for the children. For purposes of this subparagraph, the "costs of education" are defined as application fees or dep6sits, other required activity and examination fees, tuition, books, room, board, transportation and any other required charge made by the educational institution. Husband and Wife shall, prior to making any decision as to the enrollment of either or both of the Children in any particular institution, give consideration to: (i) the recommendation of relevant educators; (ii) the wishes and needs of the Child or Children; (iii) the academic program requirement; (iv) the cost of education involved; (v) the ability or desirability of the Child or Children to contribute toward said cost; and (vi) any other relevant factor. (e) Payment of College Education. In addition to the other payments set forth in this Agreement, Husband shall pay directly to the creditors all application fees, tuition 'costs, fees, room and board, transportation costs and book expenses associated with the Children's undergraduate educations at such vocational institutions or undergraduate colleges or universities as are reasonable and appropriate for the Children. Husband's obligations with respect to undergraduate college education shall cease as to each child upon such child's attaining age twenty-three, joining the armed services, or obtain an undergraduate decree, whichever first occurs. To the extent that Husband makes any contribution to the creditors for room and board, he shall receive a credit against his obligation pursuant to Paragraph 8 of this Agreement, relating to child support, but in no event shall his credit for any month exceed one-half ( 1/2 ) of the amount required to be paid pursuant to Paragraph 8 of this Agreement if the children are in residence with Wife more than fifty percent (50%) of that month. 9. ALIMONY (a) In recognition of the criteria set forth in 23 Pa. Cons. Stat. Ann. § 3701 et seq., commencing on the date of execution of this Agreement and for a period of two-hundred eighty-two months (282) months thereafter, Husband shall pay to Wife as alimony for the maintenance and support of Wife: the sum of Eight Hundred Dollars ($ 800.00) per month, payable on the first business day of each month until Wife's death (the "net monthly amount"). (b) Notwithstanding the provisions of this subparagraph the alimony payments provided for in this Paragraph shall terminate upon the first to occur of. (i) Wife's remarriage; (ii) Wife's cohabitation with a member of the opposite sex who is not a member of Wife's immediate family within the degrees of consanguinity subsequent to ! Wife's and Husband's divorce; (iii) Wife's death; or (iv) Husband's death. The parties agree that the term "cohabitation" as used in this Agreement involves a sexual relationship and does not include a male tenant. In the event of cohabitation, the payments will become support and shall remain .7 at $800.00 per month. In the event of cohabitation which exceeds five years in duration, the amount of support shall be reduced to $400.00 per month. In the event of remarriage, the payments will become support and shall be reduced to $400.00 per month. (c) Notwithstanding the provisions of subparagraph (a) of this Paragraph 9, Husband's payments due to Wife pursuant to this Agreement shall never exceed one-third ( 1 /3 ) of Husband's annual net income, which shall be defined as Husband's annual earned and unearned income, including any disability payments but excluding any net of federal, state, and local income taxes and social security taxes provided that Husband, if he becomes permanently disabled (i) while employed has in force at the time of his disability, to the extent available to him, disability insurance which provides benefits to him at least equal to one-half ( 1/2 ) of his earned income during the average of the twelve months immediately preceding the disability; or (ii) while not employed, has either income or disability insurance which provides benefits to him at least equal to one-half ( 1/2 ) of his average annual earned and unearned income (excluding net of federal, state and local income taxes and social security taxes) during the twelve months immediately preceding the disability. (d) Wife and Husband represent and acknowledge that they each have sufficient property to provide for her or his reasonable needs and are able to support herself or himself through appropriate employment. Except as provided in this Agreement, Husband and Wife hereby waive the rights to additional alimony thereunder. Wife does hereby acknowledge that the current rate of inflation may change; that Husband's income and assets may substantially increase in value; that Wife may not be employed at various times in the future; that Husband may receive a substantial inheritance in the future; and that, notwithstanding these or other economic circumstances which may be changes in circumstances of a substantial and continuing nature, the payments for her support and maintenance provided for in this Paragraph are fair, just and reasonable, and will provide her with sufficient financial resources to maintain and support herself in accordance with the standard of living to which she is accustomed. Therefore, except for the payments made pursuant to this Paragraph 9, and notwithstanding anything to the contrary contained in the Divorce Code, Wife does hereby expressly waive, discharge and release any and all rights and claims which she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, support and/or maintenance or any other benefits resulting from the parties' status as husband and wife, and further waives, discharges and releases any right which she may hereafter have to seek modification of the terms of this Paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for 8 all time of Husband's obligation to contribute to Wife's support and maintenance Husband does hereby acknowledge that the current rate of inflation may change; that Wife's income and assets may substantially increase in value; that she may be employed at various times in the future; and that notwithstanding these or other economic circumstances which may be changes in circumstances of a substantial and continuing nature, the payments for Wife's support and maintenance which are required under this Paragraph are fair, just and reasonable. Therefore, except as set forth in this Agreement, Husband does hereby expressly waive, discharge and release any and all rights and claims which he may have now or hereafter by reason of the parties' marriage, to alimony, alimony pendente lite, support and/or maintenance or any other benefits resulting from the parties' status as wife and husband, and further waives, discharges and releases any and all rights which he may now or hereafter have to seek modification of the temis of this Paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of Husband's obligation to contribute to Wife's support and maintenance. (e) Notwithstanding anything contained in this Agreement to the contrary, if a final decree of divorce has not been awarded to either Wife or Husband within three months of the date of execution of this Agreement due to the action or inaction of Wife, Wife hereby forfeits those payments which she is to receive under this Paragraph 9, Husband's obligations to make such payments shall cease, and Wife shall immediately reimburse Husband for those payments made by him between the date of execution of this Agreement and the third month anniversary thereof. Notwithstanding anything contained herein to the contrary, the waiver of Wife's right to seek additional alimony shall be null and void if a final decree of divorce has not been awarded to either Husband or Wife within three months of the date of execution of this Agreement, due to the action or inaction of Husband. If a final decree of divorce has not been awarded to either Husband or Wife within three months of the date of execution of this Agreement due to the action or inaction of Husband, Wife will have any and all rights to support or to alimony under Section 3701 of the Divorce Code or otherwise, notwithstanding her receipt of the sums set forth in this Paragraph. This Agreement has been negdtiated on the assumption that the alimony payments described in this Paragraph 9 will be deductible by Husband and taxable to Wife. Therefore, it is the intention, understanding and agreement of the parties that the payments described in this Paragraph 9, to the extent permitted by law, shall constitute "periodic" payments payable by reason of the "marital or family relationship" of the parties, as those terms are defined in Section 71 of the Internal Revenue Code of 1954, as amended, and accordingly that all such payments shall be includible in Wife's gross income and deductible by Husband for federal income tax purposes pursuant to Sections 71 and 215 of the Internal Revenue Code of 1954, as amended, respectively. Wife must report payments received under this Paragraph 9 in her gross income for federal and, if applicable, for local and state income tax purposes. Wife shall be solely responsible for income taxes with respect thereto. If pursuant to any final and binding ruling, decision or decree by the Internal Revenue Service or any court or as a result of any legislation or tax examination or audit all or any part of this amounts paid under this Paragraph shall not be deductible by Husband for the purpose of computing his federal tax liability, and not includible in Wife's gross income for the purpose of computing her federal tax liability, the payments made pursuant to Paragraph 9 shall be readjusted by agreement of the parties so as to achieve as nearly as possible the same economic result to each party after payment of federal income taxes as is contemplated by this Paragraph. In such case, the amount of adjusted alimony payable to Wife hereunder shall be reduced by the amount of federal income tax payable by Husband which is attributable to the nondeductibility of such alimony payments from his gross income. Wife and Husband represent and acknowledge that they each have sufficient property for her or his reasonable needs and are able to support herself or himself through appropriate employment and/or assets according to the standard of living which they are accustomed to and waive the right to receive further alimony. 10. LIFE INSURANCE Husband shall maintain a policy of life insurance with Allstate Life Insurance, Policy No. 737152773, or similar account, on himself in the amount of $100,000.00 naming Wife as the beneficiary, until Husband reaches the age sixty-five (65). Husband shall maintain a second policy of insurance through his employer, Pennex, in the amount of $50,000.00, with both children as equal beneficiaries. In the event either child has not reached age twenty-three (23), then Wife shall hold said funds as a trustee for the children. Husband shall maintain this policy of insurance as long as he is employed with Pennex. Husband shall maintain an additional policy of insurance in the amount of $350,000.00 for the benefit of both children equally until January 1, 2013. In the event that either child has not reached age twenty-three (23), then Wife shall hold said funds as trustee for the children. 10 11. AUTOMOBILES The parties are the owners of two vehicles, a 1986 Dodge truck driven by Husband and a 1985 Plymouth Acclaim driven by Wife. Neither auto carries a mortgage. The Dodge shall be the sole and exclusive property of Husband. The Plymouth shall be the sole and exclusive property of Wife. Should any action be required to transfer title or other document of pwnership, the parties will take steps to transfer and reflect ownership as soon as possible after the distribution date. Both parties agree to assume all responsibility and hold each other harmless for any and all liability, including insurance, costs and expenses associated with ownership of the above. The costs of any title transfers or fees shall be bome equally by the parties. 12. DIVISION OF REAL PROPERTY The parties hold joint title to real property located at 1809 Willow Road, Camp Hill, Cumberland County, Pennsylvania containing a residential dwelling. The real property is believed to be worth approximately $115,000.00. The property has a first mortgage owed to GMAC Mortgage Company, with an approximate balance of $49,000.00. The real property shall be the sole and exclusive property of Wife. Husband shall remain on the deed until the mortgage is satisfied in full. The cost of transfer of title shall be bome equally by the parties. If the real property is sold after Jeffrey Berdel graduates from High School, child support is reduced by $400.00 under Paragraph 8, and Husband will pay $400.00 per month to Wife as payment for the first mortgage on the property. The monthly payments discussed under this Paragraph will be paid to Wife until the mortgage is paid in full by Husband in a maximum of ten (10) years from the date the house is sold. 11 13. PENSION AND RETIREMENT ACCOUNTS Husband has a 401(k) retirement account managed by the Vanguard Group with an approximate balance of $132,862.96. It shall be the sole and exclusive property of Husband. Husband has a pension account with Appelton Paper, his former employer. with an estimated life annuity of $1,195.98. Wife shall receive a benefit of one-half of the accrued monthly benefit by Qualified Domestic Relations Order. The parties agree that the transfer shall be made in a manner that will not cause the funds to lose their tax-free or tax-deferred status and that the transfer shall be made pursuant to a Qualified Domestic Relations Order (QDRO) as that term is defined by the Internal Revenue Code and its amendments and ERISA. The QDRO shall be in the form of a Court Order and executed by both Husband and Wife, submitted to the court for entry as an Order and sent to the Benefits Administrator of Husband's retirement plan, or other appropriate person, for approval and acceptance. Other than the amounts and benefits set forth above, Wife (or Husband) hereby waives any and all right, title and interest to all other existing and future retirement assets or benefits of Husband (or Wife). 14. MEDICAL INSURANCE Husband shall maintain Wife on his policy of health insurance until entry of a final divorce decree. Husband shall not be required to maintain Wife on his policy of health insurance if prohibited by his policy at any point in time due to their separation or any reason regarding the pending divorce, or if he is separated from his employment for any reason. Following entry of the parties divorce decree, Wife shall be responsible for her own health insurance or any costs not covered by health care insurance until time of entry of the decree in divorce. Each party will be responsible for maintaining their own medical insurance following entry of the divorce decree. 15. MARITAL DEBTS (a) Both parties have the following debts: Capital One Credit Card, approximate balance: $ 3,000.00 6 Bank of America Credit Card, approximate balance: $ 001) 00 '} t1 r?j Fashion Bug, approximate balance: $ ?' '}Y1 12 Husband shall be responsible for the Capital One account. Wife shall be responsible for the Bank of America and Fashion Bug debt. Each party shall indemnify and hold the other harmless for payment of these debts. (b) Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist which provide for joint liability. From the date of execution of this Agreement, each party shall use only those cards and accounts for which that party is individually liable. (c) Husband shall be responsible for all home equity loan payments and the balance thereon to PNC Bank. The home equity loan shall be paid in full before the real estate is sold, or at closing. If Wife elects to sell the home, she shall provide Husband sixty (60) days' written notice of her intention to do so. Husband agrees to cooperate in signing the deed or necessary documents to effectuate the sale or transfer of the property. (d) Since separation, neither party has contracted for any debts which the other will be responsible for and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. 16. FILING AND PAYMENT OF TAXES Husband and Wife agree to file separate tax returns for the tax year in which the Decree in Divorce is entered. Each party will pay their respective per capita taxes. Tax exemption for children. Husband and Wife shall each be able to deduct one child for income tax purposes. By January 3lof each year until the children reach majority, the parties shall agree which child they will be deducting for the tax year. 17. DIVORCE The parties agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and allow/to be filed the necessary documents to obtain a divorce under Section 3301(c) of the Divorce Code. 13 18. DEATH PRIOR TO DIVORCE If either Husband or Wife dies before the entry of a final decree in divorce between the parties, this Agreement is deemed to survive the death, and the parties, heirs or assigns shall enter into the same status as after the Agreement was entered into. 19. INCORPORATION This agreement is to be incorporated for the purposes of enforcement, but not merged into any subsequent Decree in Divorce. 20. CONTINUED COOPERATION The parties agree that they will, after the execution of this Agreement, execute any and all written instruments, assignments, releases, deeds or notes or other such writings as may be necessary or desirable for the proper effectuation of this Agreement. 21. COUNSEL FEES Except as otherwise provided for in this Agreement, each party shall be responsible for his or her own legal fees and expenses. 22. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and the 11 party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement or for seeking such other remedies or relief as may be available to him or her. 14 23. VOLUNTARY AGREEMENT The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable; that it is being entered into voluntarily; and that it is not the result of any duress or undue influence. 24. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator or executor of the other's estate. 25. BINDING EFFECT This Agreement shall be binding upon the parties' heirs, successors and assigns. 26. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formalities as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 27. PRIOR AGREEMENTS It is understood and agreed that any and all prior agreements which may have been made or executed or verbally discussed prior to the date and time of this Agreement are null and void and of no effect. 15 28. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 29. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding effect whatsoever in determining the rights or obligations of the parties. 30. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties set their hands and seals the day and the year first written above. T fitness aniel T. Berdel, Husband Witness `-P l "',L e :_ fVULE Marie E. Berdel, Wife 16 Commonwealth of Pennsylvania: . ss: County of CVrnhy(bf1 PERSONALLY APPEARED BEFORE ME, thisahday of -,r, 2002, a notary public, in and for the Commonwealth of Pennsylvania, Daniel T. Berdel, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Nota Public Notarial Seal Hope A. Mattes. Notary Public Camp Hill Bore. Cumberland Count my commission Expires Oct. 15.2004 Memoer, Pennsylvania Assoclabon of NOWas Commonwealth of Pennsylvania: County of h & F ?w ss: PERSONALLY APPEARED BEFORE ME, this day of ?q &r061-- , 2002, a notary public, in and for the Commonwealth of Pennsylvania, Marie E. Berdel, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed the same for the purposes herein contained. t Notary Public NOTARIAL SE:AAffVKJKCy] 17 tuITHERIME A. FR k0M Op iMP ILW CGUM • ? r 1 EXHIBIT A Property to be delivered to Wife: None. Property to be delivered to Husband: None. °' I I i`--;: (l:r lL ?= ? .... f^, J _ ' '- . Ci ? ? t3- r-.t J CJ C.` v NOV 1 5 2002 ? In the Court of Common Pleas of Cumberland County, Pennsylvania DANIEL T. BERDEL, Plaintiff, VS. MARIE E. BERDEL, Defendant. No. 99-2853 CIVIL TERM J IN DIVORCE STIPULATED QUALIFIED DOMESTIC RELATIONS ORDER For De&ned Benefit f"P,Atirc nc?t"` P!^r 1. Plan Participation Daniel T. Berdel ("Participant") has an interest in the Appleton Papers. Inc. Retirement Plan for Non-bargaining Unit Enroloyees Represented by Plan Number 035 Retirement Plan ("Plan"). The parties to this Order have agreed on allocating benefits accrued under the Plan as of September 20, 2002 ("Allocation Date"). 2. Disposition of Pension Benefiitc a. AP Interest. It is ordered that Marie E. Berdel ("Alternate Payee") be allocated a fifty percent (50%) interest ("AP Interest") in the Actuarial Value of the Participant's normal retirement benefit in the Plan accrued as of the Allocation Date. No benefits will be payable to the Alternative Payee if the Participant terminates participation in the Pension Plan prior to vesting (5 Years of Service). The AP Interest will include the number and term of payments provided under the form of benefit described in this Order or otherwise elected by Alternate Payee. b. Form of Benefit. Unless the Alternate Payee elects to receive an alternate benefit available under the Plan, the AP Interest will be paid as an Actuarially Equivalent single life annuity on the life of the Alternate Payee, adjusted for Early Retirement or other factors applied under the Plan, to commence as of January 1, 2026 (1/l/2026) (date must be no earlier than the date the Participant attains or will attain age 55 with 10 Years of Service and no later than the Participant's normal retirement date). Any election by Alternate Payee of alternate benefits must be made in the forms and at the times specified in the Plan. Benefit election and commencement dates will be based on the age of the Participant. Alternate Payee may not name a subsequent spouse as a Contingent Annuitant. C. Pre-Retirement Surviving Spouse Belief its. Allemate Payee will also be allocated one-hundred percent (100%) of Pre-Retirement Surviving Spouse Benefits payable upon the death of Participant accrued as of the Allocation Date. .,. ,, ?;; d. Subsidized Early Commencement Factors. If the Participant retires early and is eligible for subsidized early commencement factors in accordance with the provisions of the Pension Plan, the Alternate Payee will be entitled to share on an actuarially adjusted pro rata basis (based on the Actuarial Value of the AP Interest) in such subsidized early commencement factors taking in to account any payments already made. 3. General Conditions a. Remarriage. The subsequent remarriage of either party shall not affect the dispositions described in Paragraph 2. b. Terms. Terms used in this Order shall have the same meanings as in the Plan, unless the contest requires otherwise. C. Names and Social Security Numbers. The Participant's address and social security are: Daniel T. Berdel 20 Kohler Lane Etters, PA 17319 SSN: 160-56-0640 The Alternate Payee's address and social security number are: Marie E. Berdel 1809 Willow Road Camp Hill, PA 17011 SSN: 191-56-8256 Participant and Alternate Payee will provide the Plan Administrator with notice, as provided in the Plan, of any changes in their names or mailing address(es), d. Death of Alternate Payee Before Benefits Commence. In the event of the death of the Alternate Payee prior to date on which payments of the retirement benefit allocated to Alternate Payee in Paragraph 2 are scheduled to commence, the Pension Plan shall have no liability to pay any benefits assigned to the Alternative Payee by the Order [other than any interest in the Pre-retirement Surviving Spouse Annuity assigned in Paragraph 2(c)]. e. Qualified Domestic Relations Order, This Order is intended to fulfill the requirements of a Qualified Domestic Relations Order pursuant to Section 414(p) of the Internal Revenue Code and as such, this Order shall not require the Pension Plan to provide any increased benefits (in actuarial value) over those benefits otherwise provided for under the Plan. f. No Prior Orders. Participant and Alternate Payee each certifies that he or she is not aware of any prior orders which purport to dispose of the benefits described herein. Intending to be legally bound, the parties enter their hands and :;eats as felloNvs: WITNESSETH: Jets / • ? (SEAL) Daniel T. Berdel, Plaintiff L, (SEAL) Marie E. Berdel, Defendant AND NOW, this Zo` day of ft z,? , 2002, upon consideration of the attached Stipulation, it is hereby entered as an Order of this Court. By the Court: rl O G if DANIEL T. BERDEL, ) IN THE COURT OF COMMON PLEAS PLAINTIFF, ) CUMBERLAND COUNTY, PENNSYLVANIA No. 99-2833 CIVIL TERM MARIE E. BERDEL, ) DEFENDANT. ) IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT Counsel of record: Michael S. Travis, Esquire for Plaintiff Marianne Rudebusch, Esquire for Defendant 1 MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made thiseday of 1 r, 2002, by and between Daniel T. Berdel; (hereinafter referred to as "Husband,") and Marie E. Berdel, (hereinafter referred to as"Wife"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on August 6, 1983; and WHEREAS, there are two children born of this marriage, Daniel Berdel, Jr., and Jeffrey W. Berdel, bom May 17, 1984, and May 4. 1987; WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; DEFINITIONS (a) Date of Execution of this Agreement. The phrase "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the parties if they each have executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. (b) Distribution Date. The phrase "distribution date" shall be defined as fourteen days following the entry of a final decree in divorce and the filing of Waivers of Appeals by each party. If the fourteenth day falls on a weekend or holiday, the distribution date shall be the next business date. 2. ADVICE OF COUNSEL The parties have had an opportunity to review the provisions of this Agreement with their respective counsel. Husband is represented by Michael S. Travis, Esquire. Wife is represented by Marianne Rudebusch, Esquire. Husband and Wife acknowledge that this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that they have,each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and that they waive any specific :numeration thereof for the purpose of this Agreement. Each party agrees that he or she shall not at any future time raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement with the exception of disclosure that may have been fraudulently withheld. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 4. INTERFERENCE Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarred except as may be necessary to carry out the provisions of the agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, follow, stalk, nor in any way interfere with the peaceful existence, separate and apart from the other. 5. DIVISION OF PERSONAL PROPERTY The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible marital property. Excepting the list attached hereto as Exhibit "A," neither party shall make any claim to any other such items of marital property, or to the separate personal property of either property, which are now in the possession and/or under the control of the other. Husband shall receive the parties' Member's V Federal Credit Union Account No. 36677 with an investment savings account balance of approximately $32,000.00 and checking account balance of approximately $1,000.00. In the event of his disability, Husband shall make provisions to permit account access for the children. Wife shall receive the parties' PN?Q C checking Account No. , 52yV61RI 91]5 with an approximate balance of $ 77(g The parties agree to cooperate in transferring any title or document to accomplish the above distribution. 6. CMLD CUSTODY The parties shall share legal custody of Daniel Berdel, Jr., DOB: 5-17-84, and Jeffrey W. Berdel, DOB: 5-4-87, as to all matters regarding the children's health, education and welfare. Wife shall be the primary physical custodian, subject to Husband's liberal periods of visitation as the parties may agree. The non-custodial parent shall have liberal telephone contact with the children. Holidays: Mother and Father shall share holidays as they may agree. Father shall have two weeks of uninterrupted visitation during the summer, after having given at least thirty (30) days' notice to Mother. The parties shall have the right to modify any provision of the custody schedule hereto upon mutual agreement by both parties. In the event a proposed modification is not agreed to, the schedule as stated shall be complied with by the parties. The parties reserve the right to modify this Stipulation and Agreement through the court pursuant to Pennsylvania Law, as Cumberland County, Pennsylvania, shall retain jurisdiction. Children's Preferences. Husband and Wife recognize that the Children may have wishes and preferences of their own with respect to the foregoing custody arran gements, which the parties agree to consider in establishing such custody arrangements. 1 Neither party shall remove the children from the Commonwealth of Pennsylvania for the purpose of relocating without first having obtained the written consent with sixty (60) days' prior notice of the other party. SPOUSAL SUPPORVALIMONY PENDENTE LITE Pending entry of the decree in divorce, Wife shall receive support in the amount of $800.00 which shall be deemed alimony pendente lite. Neither party shall be entitled to further spousal support or APL except as discussed in Paragraph 9 relating to alimony. 8. CHILD SUPPORT (a) Commencing on the date of execution of this Agreement, Husband shall pay to Wife for the support of the Children the sum of Twelve Hundred Fifty Dollars ($1,250.00) per month payable on the first business day of each month. Said support payments shall be apportioned as follows: Eight Hundred Twenty-Five Dollars ($825.00) for Jeffrey Berdel and Four Hundred Twenty-Five Dollars ($ 425.00) for Daniel Berdel, Jr. Such payments are solely for the purpose of child support and shall not be taxable to Wife nor deductible by Husband. Husband shall continue to provide said support for both children until the earlier of the time they reach the age of twenty-three (23), or have joined the armed forces or graduated from an undergraduate college. (b) Medical and Dental Care. Husband shall maintain, at no expense to Wife insurance coverage for hospital, medical, and dental expenses for both children which coverage shall be no less than the benefits provided by Husband's current carrier. Husband represents that he presently is carrying for the benefit of the Children major medical expense insurance under a group insurance plan in effect at Pennex Aluminum, Wellsville, Pennsylvania, where Husband is presently employed. Husband is entitled to the benefits of the aforesaid major medical expense insurance only so long as he is employed by said Pennex Aluminum. Husband shall maintain said insurance or its equivalent protection at his expense during his lifetime for each of the Children until they respectively reach the age of twenty-three, obtain an undergraduate degree, marry, or die, whichever event first occurs. So long as he continues in the employ of Pennex, and so long as the group insurance plan is in effect there, Husband shall maintain the major medical expense insurance for each of the Children until they respectively reach the age of twenty-three, obtain an undergraduate degree, many, or die, whichever event first occurs. If Husband ceases, for any reason, to be employed by Pennex, Inc., and if there is a similar insurance plan in effect in any 5 other place of employment with which he may be subsequently associated, he shall make the benefits of the plan available to the Children for the periods and on the conditions above stated, If Husband ceases for any reason to be employed by Pennex, and if there is no other similar insurance plan in effect at any other place of employment with which he may subsequently become associated, then Husband shall secure, maintain and provide coverage at least equal to that set out in this subparagraph for the benefit of the Children. Husband will pay the premium for said insurance. Nothing contained herein, however, shall obligate the Husband to secure or maintain any major medical expense insurance on any basis other than as set forth above. With respect to all reasonable medical (including psychiatric and/or psychological counseling) and dental and/or orthodontic expenses, which are not paid for by the foregoing insurance, Husband, upon receipt of a bill in connection with such medical expenses, shall promptly make claim upon the insurance carrier underwriting the medical coverage he has agreed to maintain in this Paragraph. Husband will pay any medical bills which are not covered by reason of not having insurance coverage as required by Paragraph 8 b and its subparagraphs. If, for any reason, full reimbursement of said bill is riot received, Husband will so inform Wife, who will then make claim upon any insurance carrier underwriting whatever medical insurance she may be carrying, if any. If Wife can obtain insurance through her employment or otherwise which is more economical, that insurance shall be used at Husband's option and he shall pay any difference in premium which exceeds the rate for his policy. (d) Children's Education. The parties agree that they have a primary concern to provide the highest quality education for the Children. It is agreed that the Children are presently enrolled at Cedar Cliff High School and that the Children shall remain enrolled at Cedar Cliff through the twelfth grade, unless both parents consent to an alternate school. Thereafter each child shall enroll at a school acceptable to both Husband and Wife, but neither party shall unreasonably withhold his or her consent. Husband and Wife further agree that the mutual fund established with Prudential, in the approximate amount of $ 18,419.33 will be used to fund the children's education. It shall be shared equally to fund the children's education through graduation from college. Husband shall update Wife no less than annually as to the account balances. In the event of Husband's death, Wife shall be named as trustee for the accounts for the children. For purposes of this subparagraph, the "costs of education" are defined as application fees or dep6sits, other required activity and examination fees, tuition, books, room, board, transportation and any other required charge made by the educational institution. Husband and Wife shall, prior to making any decision as to the enrollment of either or both of the Children in any particular institution, give consideration to: (i) the recommendation of relevant educators; (ii) the wishes and needs of the Child or Children; (iii) the academic program requirement; (iv) the cost of education involved; (v) the ability or desirability of the Child or Children to contribute toward said cost; and (A) any other relevant factor. (e) Payment of College Education. In addition to the other payments set forth in this Agreement, Husband shall pay directly to the creditors all application fees, tuition costs, fees, room and board, transportation costs and book expenses associated with the Children's undergraduate educations at such vocational institutions or undergraduate colleges or universities as are reasonable and appropriate for the Children. Husband's obligations with respect to undergraduate college education shall cease as to each child upon such child's attaining age twenty-three, joining the armed services, or obtain an undergraduate decree, whichever first occurs. To the extent that Husband makes any contribution to the creditors for room and board, he shall receive a credit against his obligation pursuant to Paragraph 8 of this Agreement, relating to child support, but in no event shall his credit for any month exceed one-half ( 1/2 ) of the amount required to be paid pursuant to Paragraph 8 of this Agreement if the children are in residence with Wife more than fifty percent (50%) of that month. 9. ALIMONY (a) In recognition of the criteria set forth in 23 Pa. Cons. Stat. Ann. § 3701 et seq., commencing on the date of execution of this Agreement and for a period of two-hundred eighty-two months (282) months thereafter, Husband shall pay to Wife as alimony for the maintenance and support of Wife: the sum of Eight Hundred Dollars (S 800.00) per month, payable on the first business day of each month until Wife's death (the "net monthly amount"). (b) Notwithstanding the provisions of this subparagraph the alimony payments provided for in this Paragraph shall terminate upon the first to occur of. (i) Wife's remarriage; (ii) Wife's cohabitation with a member of the opposite sex who is not a member of Wife's immediate family within the degrees of consanguinity subsequent to ! Wife's and Husband's divorce; (iii) Wife's death; or (iv) Husband's death. The parties agree tht the term "cohabitation" as used in this Agreement involves a sexual relationship and does not include a male tenant. In the event of cohabitation, the payments will become support and shall remain at $800.00 per month, In the event of cohabitation which exceeds five years in duration, the amount of support shall be reduced to $400.00 per month. In the event of remarriage, the payments will become support and shall be reduced to $400.00 per month. (c) Notwithstanding the provisions of subparagraph (a) of this Paragraph 9, Husband's payments due to Wife pursuant to this Agreement shall never exceed one-third ( 1 /3 ) of Husband's annual net income, which shall be defined as Husband's annual earned and unearned income, including any disability payments but excluding any net of federal, state, and local income taxes and social security taxes provided that Husband, if he becomes permanently disabled (i) while employed has in force at the time of his disability, to the extent available to him, disability insurance which provides benefits to him at least equal to one-half ( 1/2 ) of his earned income during the average of the twelve months immediately preceding the disability; or (ii) while not employed, has either income or disability insurance which provides benefits to him at least equal to one-half ( 1/2 ) of his average annual earned and uneamed income (excluding net of federal, state and local income taxes and social security taxes) during the twelve months immediately preceding the disability. (d) Wife and Husband represent and acknowledge that they each have sufficient property to provide for her or his reasonable needs and are able to support herself or himself through appropriate employment. Except as provided in this Agreement, Husband and Wife hereby waive the rights to additional alimony thereunder. Wife does hereby acknowledge that the current rate of inflation may change; that Husband's income and assets may substantially increase in value; that Wife may not be employed at various times in the future; that Husband may receive a substantial inheritance in the future; and that, notwithstanding these or other economic circumstances which may be changes in circumstances of a substantial and continuing nature, the payments for her support and maintenance provided for in this Paragraph are fair, just and reasonable, and will provide her with sufficient financial resources to maintain and support herself in accordance with the standard of living to which she is accustomed. Therefore, except for the payments made pursuant to this Paragraph 9, and notwithstanding anything to the contrary contained in the Divorce Code, Wife does hereby expressly waive, discharge and release any and all rights and claims which she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, support and/or maintenance or any other benefits resulting from, the parties' status as husband and wife, and further waives, discharges and releases any right which she may hereafter have to seek modification of the terms of this Paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of Husband's obligation to contribute to Wife's support and maintenance. Husband does hereby acknowledge that the current rate of inflation may change; that Wife's income and assets may substantially increase in value; that she may be employed at various times in the future; and that notwithstanding these or other economic circumstances which may be changes in circumstances of a substantial and continuing nature, the payments for Wife's support and maintenance which are required under this Paragraph are fair, just and reasonable. Therefore, except as set forth in this Agreement, Husband does hereby expressly waive, discharge and release any and all rights and claims which he may have now or hereafter by reason of the parties' marriage, to alimony, alimony pendente lite, support and/or maintenance or any other benefits resulting from the parties' status as wife and husband, and further waives, discharges and releases any and all rights which he may now or hereafter have to seek modification of the terms of this Paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of Husband's obligation to contribute to Wife's support and maintenance. (e) Notwithstanding anything contained in this Agreement to the contrary, if a final decree of divorce has not been awarded to either Wife or Husband within three months of the date of execution of this Agreement due to the action or inaction of Wife, Wife hereby forfeits those payments which she is to receive under this Paragraph 9, Husband's obligations to make such payments shall cease, and Wife shall immediately reimburse Husband for those payments made by him between the date of execution of this Agreement and the third month anniversary thereof. Notwithstanding anything contained herein to the contrary, the waiver of Wife's right to seek additional alimony shall be null and void if a final decree of divorce has not been awarded to either Husband or Wife within three months of the date of execution of this Agreement, due to the action or inaction of Husband. If a final decree of divorce has not been awarded to either Husband or Wife within three months of the date of execution of this Agreement due to the action or inaction of Husband, Wife will have any and all rights to support or to alimony under Section 3701 of the Divorce Code or otherwise, notwithstanding her receipt of the sums set forth in this Paragraph. This Agreement has been negbrtiated on the assumption that the alimony payments described in this Paragraph 9 will be deductible by Husband and taxable to Wife. Therefore, it is the intention, understanding and agreement of the parties that the payments described in this Paragraph 9, to the extent permitted by law, shall constitute "periodic" payments payable by reason of the "marital or family relationship" of the parties, as those terms are defined in Section 71 of the Internal Revenue Code of 1954, as amended, and accordingly that all such payments shall be includible in Wife's gross income and deductible by Husband for federal income tax purposes pursuant to Sections 71 and 215 of the Internal Revenue Code of 1954, as amended, respectively. Wife must report payments received under this Paragraph 9 in her gross income for federal and, if applicable, for local and state income tax purposes. Wife shall be solely responsible for income taxes with respect thereto. If pursuant to any final and binding ruling, decision or decree by the Internal Revenue Service or any court or as a result of any legislation or tax examination or audit all or any part of this amounts paid under this Paragraph shall not be deductible by Husband for the purpose of computing his federal tax liability, and not includible in Wife's gross income for the purpose of computing her federal tax liability, the payments made pursuant to Paragraph 9 shall be readjusted by agreement of the parties so as to achieve as nearly as possible the same economic result to each party after payment of federal income taxes as is contemplated by this Paragraph. In such case, the amount of adjusted alimony payable to Wife hereunder shall be reduced by the amount of federal income tax payable by Husband which is attributable to the nondeductibility of such alimony payments from his gross income. Wife and Husband represent and acknowledge that they each have sufficient property for her or his reasonable needs and are able to support herself or himself through appropriate employment and/or assets according to the standard of living which they are accustomed to and waive the right to receive further alimony. 10. LIFE INSURANCE Husband shall maintain a policy of life insurance with Allstate Life Insurance, Policy No. 737152773, or similar account, on himself in the amount of $100,000.00 naming Wife as the beneficiary, until Husband reaches the age sixty-five (65). Husband shall maintain a second policy of insurance through his employer, Pennex, in the amount of $50,000.00, with both children as equal beneficiaries. In the event either child has not reached age twenty-three (23), then Wife shall hold said funds as a trustee for the children. Husband shall maintain this policy of insurance as long as he is employed with Pennex. Husband shall maintain an additional policy of insurance in the amount of $350,000.00 for the benefit of both children equally until January 1, 2013. In the event that either child has not reached age twenty-three (23), then Wife shall hold said funds as trustee for the children. 10 11. AUTOMOBILES The parties are the owners of two vehicles, a 1986 Dodge truck driven by Husband and a 1985 Plymouth Acclaim driven by Wife. Neither auto carries a mortgage. The Dodge shall be the sole and exclusive property of Husband. The Plymouth shall be the sole and exclusive property of Wife. Should any action be required to transfer title or other document of pwnership, the parties will take steps to transfer and reflect ownership as soon as possible after the distribution date. Both parties agree to assume all responsibility and hold each other harmless for any and all liability, including insurance, costs and expenses associated with ownership of the above. The costs of any title transfers or fees shall be borne equally by the parties. 12. DIVISION OF REAL PROPERTY The parties hold joint title to real property located at 1809 Willow Road, Camp Hill, Cumberland County, Pennsylvania containing a residential dwelling. The real property is believed to be worth approximately $115,000.00. The property has a first mortgage owed to GMAC Mortgage Company, with an approximate balance of $49,000.00. The real property shall be the sole and exclusive property of Wife. Husband shall remain on the deed until the mortgage is satisfied in full. The cost of transfer of title shall be bome equally by the parties. If the real property is sold after Jeffrey Berdel graduates from High School, child support is reduced by $400.00 under Paragraph 8, and Husband will pay $400.00 per month to Wife as payment for the first mortgage on the property. The monthly payments discussed under this Paragraph will be paid to Wife until the mortgage is paid in full by Husband in a maximum often (10) years from the date the house is sold. 11 11 PENSION AND RETIREMENT ACCOUNTS Husband has a 401(k) retirement account managed by the Vanguard Group with an approximate balance of $132,862.96. It shall be the sole and exclusive property of Husband. Husband has a pension account with Appelton Paper, his former employer. with an estimated life annuity of $1,195.98. Wife shall receive a benefit of one-half of the accrued monthly benefit by Qualified Domestic Relations Order. The parties agree that the transfer shall be made in a manner that will not cause the funds to lose their tax-free or tax-deferred status and that the transfer shall be made pursuant to a Qualified Domestic Relations Order (QDRO) as that term is defined by the Internal Revenue Code and its amendments and ERISA. The QDRO shall be in the form of a Court Order and executed by both Husband and Wife, submitted to the court for entry as an Order and sent to the Benefits Administrator of Husband's retirement plan, or other appropriate person, for approval and acceptance. Other than the amounts and benefits set forth above, Wife (or Husband) hereby waives any and all right, title and interest to all other existing and future retirement assets or benefits of Husband (or Wife). 14. MEDICAL INSURANCE r Husband shall maintain Wife on his policy of health insurance until entry of a final divorce decree. Husband shall not be required to maintain Wife on his policy of health insurance if prohibited by his policy at any point in time due to their separation or any reason regarding the pending divorce, or if he is separated from his employment for any reason. Following entry of the parties divorce decree, Wife shall be responsible for her own health insurance or any costs not covered by health care insurance until time of entry of the decree in divorce. Each party will be responsible for maintaining their own medical insurance following entry of the divorce decree. 15. MARITAL DEBTS (a) Both parties have the following debts: Capital One Credit Card, approximate balance: $ 3,000.00 Bank of America Credit Card, approximate balance: $ V(J'Wn PW Fashion Bug, approximate balance: $ U' '}Yl 12 Husband shall be responsible for the Capital One account. Wife shall be responsible for the Bank of America and Fashion Bug debt. Each party shall indemnify and hold the other harmless for payment of these debts. (b) Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist which provide for joint liability. From the date of execution of this Agreement, each party shall use only those cards and accounts for which that party is individually liable. (c) Husband shall be responsible for all home equity loan payments and the balance thereon to PNC Bank. The home equity loan shall be paid in full before the real estate is sold, or at closing. If Wife elects to sell the home, she shall provide Husband sixty (60) days' written notice of her intention to do so. Husband agrees to cooperate in signing the deed or necessary documents to effectuate the sale or transfer of the property. (d) Since separation, neither party has contracted for any debts which the other will be responsible for and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. 16. FILING AND PAYMENT OF TAXES Husband and Wife agree to file separate tax returns for the tax year in which the Decree in Divorce is entered. Each party will pay their respective per capita taxes. Tax exemption for children. Husband and Wife shall each be able to deduct one child for income tax purposes. By January 31of each year until the children reach majority, the parties shall agree which child they will be deducting for the tax year. 17. DIVORCE The parties agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and allov/to be filed the necessary documents to obtain a divorce under Section 3301(c) of the Divorce Code. 13 18. DEATH PRIOR TO DIVORCE If either Husband or Wife dies before the entry of a final decree in divorce between the parties, this Agreement is deemed to survive the death, and the parties, heirs or assigns shall enter into the same status as after the Agreement was entered into. 19. INCORPORATION This agreement is to be incorporated for the purposes of enforcement, but not merged into any subsequent Decree in Divorce. 20. CONTINUED COOPERATION The parties agree that they will, after the execution of this Agreement, execute any and all written instruments, assignments, releases, deeds or notes or other such writings as may be necessary or desirable for the proper effectuation of this Agreement. 21. COUNSEL FEES Except as otherwise provided for in this Agreement, each party shall be responsible for his or her own legal fees and expenses. 22. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement or for seeking such other remedies or relief as may be available to him or her. 1 14 23. VOLUNTARY AGREEMENT The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable; that it is being entered into voluntarily; and that it is not the result of any duress or undue influence. 24. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator or executor of the other's estate. 25. BINDING EFFECT assigns. This Agreement shall be binding upon the parties' heirs, successors and . 26. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formalities as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 27. PRIOR AGREEMENTS f It is understood and agreed that any and all prior agreements which may have been made or executed or verbally discussed prior to the date and time of this Agreement are null and void and of no effect. 15 28. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 29. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding effect whatsoever in determining the rights or obligations of the parties. 30. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties set their hands and seals the day and the year first written above. itness a?.Q T ?7 aniel T. Berdel, Husband Witness Marie E. Berdel, Wife 16 Commonwealth of Pennsylvania: County of l un1be112(4 ss: PERSONALLY APPEARED BEFORE ME, thisday of 6m6-'- 2002, a notary public, in and for the Commonwealth of Pennsylvania, Daniel T. Berdel, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. No Public S:W- Notarial Hope A. Ntattos. NPublk yaCo emission ,E pirrct. 11. 004 Menber. Pennsy"nia AsS=Wn d NoWas Commonwealth of Pennsylvania: ss: County of (%OiA,??t w PERSONALLY APPEARED BEFORE ME, this 1Y * day of &h?-6- , 2002, a notary public, in and for the Commonwealth of Pennsylvania, Marie E. Berdel, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed the same for the purposes herein contained. ?r 1140tary Public kOTARtAL SEAL 17 KATHERINE A FREX KOTAKPltfKtE LOWERAPA1fTOK THrP DAUPHdI EXHIBIT A Property to be delivered to Wife: None. Property to be delivered to Husband: None. DANIEL T. BERDEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MARIE E. BERDEL, Defendant No. 99-2853 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of October, 2002, it appearing that docket activity has occurred recently in the above-captioned case, the case is stricken from the purge list, and shall remain active. /Michael S. Travis, Esquire For the Plaintiff /Marianne Rudebusch, Esquire For the Defendant Court Administrator wcy - l l -l8 -Oa V By the Court, vi, ?,i