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HomeMy WebLinkAbout08-6833Divorce Complaint Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER M. BEIDELMAN, TWrm Plaintiff NO. Vo V. : CIVIL ACTION - LAW ELIZABETH A. BEIDELMAN, 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 the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDER YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER M. BEIDELMAN, Plaintiff NO. v 8'- e P3_3 V. CIVIL ACTION - LAW ELIZABETH A. BEIDELMAN, DIVORCE Defendant COMPLAINT Plaintiff, Christopher M. Beidelman by his attorney, Diane G. Radcliff, Esquire, files this Complaint in Divorce of which the following is a statement: COUNT I DIVORCE 1. The Plaintiff is Christopher M. Beidelman, an adult individual residing at 4068 Darius Drive, Enola, Cumberland County, Pennsylvania since May 1, 2004. 2. The Defendant is Elizabeth A. Beidelman, an adult individual residing at 4068 Darius Drive, Enola, Cumberland County, Pennsylvania since November 11, 2008. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 7, 2003 at Marysville, Perry County, Pennsylvania. 5. Plaintiff avers that there are children under the age of eighteen (18) born of the marriage, namely, to wit: Noah Beidelman, age 4, born March 15, 2004 and Emil Beidelman, age 9 months born February 25, 2008. 6. There have been no prior actions of divorce or annulment between the parties. 7. 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. -1- 8. Defendant is not a member of the Armed Services of the United States or any of its Allies. 9. Plaintiff avers that the grounds on which the action is that the marriage is irretrievably broken. 10. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. Respectfully submitted, DhkN"DCLIFF, ESQUIRE 344 a Road Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Plaintiff -2- VERIFICATION Christopher M. Beidelman verifies that the statements made in this Complaint are true and correct. Christopher M. Beidelman understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. CHRISTO HER M. BEIDELMAN Date: -3- ih_ T r r? f?"} F 7 ?rU . I Q - I V" Acceptance of Service Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Plaintiff, Christopher M. Beidelman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER M. BEIDELMAN, Plaintiff V. ELIZABETH A. BEIDELMAN, Defendant : NO. 2008-6833 : CIVIL ACTION - LAW : DIVORCE ACCEPTANCE OF SERVICE I, Elizabeth A. Beidelman, the Defendant in the above captioned action, hereby accept service of the Complaint in Divorce filed in the above captioned matter on November 19, 2008. Date: , 1oZ I ELIZ ETH A. BEIDELMAN Hao? Cot 9.,311 (Mailing Address) - 1 - r1 l c . ORIGIN.gL Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 * Email: dianeradcliff@comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER M. BEIDELMAN, Plaintiff V. ELIZABETH A. BEIDELMAN, Defendant NO. 2008-6833 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 19, 2008. 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. 1 consent to the entry of a final Decree in 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. Section 4904 relating to unsworn falsification to authorities. /?? G g Dated: 6?R1STOPHEITM. BEIDELMAN FILEl U-tOr= uE TI {c P P7 -""NOTARY 2009 DEC 15 AH 10: 2 4 JNIN L ORIGINAL Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff@comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER M. BEIDELMAN, Plaintiff V. NO. 2008-6833 CIVIL TERM CIVIL ACTION - LAW ELIZABETH A. BEIDELMAN, IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST I DIV _ C`REE UNDER SECTION 30(cl OF THE DI 1. I consent to the entry of a final decree in divorce without notice. 2. l understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver 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: ?-* _ • CHRISTOPHER M. BEIDELMAN FILED fit FOE 2009 DEC 15 A ID. 2 4 p Ea*,4) isyLVANIA ORIGINAL Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 a Email: dianeradcliff@comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER M. BEIDELMAN, Plaintiff NO. 2008-6833 CIVIL TERM V. CIVIL ACTION - LAW ELIZABETH A. BEIDELMAN, IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 19, 2008. 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. 1 consent to the entry of a final Decree in 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. Section 4904 relating to unsworn falsification to authorities. Dated: ? II ILI log Sworn to and subscribed before me this 4'5?? day of '.20059 _ A/-? v Nat" otary Public IA?A'-LZL ELI ` BETH A. BEIDELMAN CGMMi:)3 WLALTH Of, ff W4 Notariai Seal Deborah L. Donley, Nnlary r-uaiic Camp Hill Boro, Qm'i-'r:'rlar4 Coaarrtb My Commission Expires,° =pt 23, 2;15 , Member, Pennsyfvann ?o? ;°- a, . t> 0 _ ALED- )s' iv'E OF !' Iw P'fll" '-I`'\',OTARY 2009 DEC 15 A 10: 24 PENNSYLMr ! 4, ? ORIGINAL Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff@comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER M. BEIDELMAN, Plaintiff NO. 2008-6833 CIVIL TERM V. CIVIL ACTION - LAW ELIZABETH A. BEIDELMAN, IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTR) DIVORCE UNDER DECREE SECTION 3301 (C) OF E DIVW 1. I consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. Dated: I ? /1(-l 10q Sworn to and subscribed before me this day of , 20 40_. Notary Public ELIZA ETH A. EIDELMAN COMMONWEALTH Or PENh;SY+_ Notarial Seal LDeborrah L. Donley, Notary Public mp Hill Boro, Cun,,?and County ommission Expires Sept 23,201, 1 Member, Pennsylvania Assur ai,on, a} Nc, -777t FILEi_? f :. t.TA[j 2009 DEC 15 AID 10: 21 Ci?v _J?'rY ORIGUIAL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER M. BEIDELMAN, Plaintiff NO. 2008-6833 V. CIVIL ACTION - LAW ELIZABETH A. BEIDELMAN, DIVORCE Defendant MARITAL AGREEMENT BETWEEN CHRISTOPHER M. BEIDELMAN AND ELIZABETH A. BEIDELMAN MARITAL AGREEMENT THIS AGREEMENT made this _ day of , 2009, by and between ELIZABETH A. BEIDELMAN, ("Wife") of Cumberland County, PA, and CHRISTOPHER M. BEIDELMAN, ("Husband") of Cumberland County, PA. PREAMBLE AND RECITALS WHEREAS, the parties hereto are husband and wife. They married on June 7, 2003 in Marysville, Perry County, Pennsylvania, and separated on November 11, 2008. WHEREAS, The parties are the parents of two (2) children, to wit: Noah Beidelman (DOB: 3/15/04) and Emily Beidelman (DOB: 2/25/08), (the "Children"). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 1.02. DEFINITIONS. (A) Divorce Code. The term "Divorce Code" or "Code" shall be defined as Pa.C.S.A Section 101 et seq., as amended, or any successor statute thereto. -1- f (B) Internal Revenue Code. The phrase "internal Revenue Code" shall be defined as the Internal Revenue Code of 1986, as amended, or any successor statute thereto. References to sections in the Internal Revenue Code shall referenced to sections in existence as of the date of this Agreement. (C) Asset. The word "asset" shall be defined as anything of value including, but not limited to, real and personal property, tangible and intangible property and all financial interests however held. (D) Date of Execution. The phrase "date of execution", "execution date", or date of this Agreement" shall be defined as the date that the last person signs this Agreement. (E) Date of Distribution. Except where otherwise indicated in this Agreement, the phrase "date of distribution" shall be defined as the date of execution of this Agreement. (F) Effective Date of Agreement. This Agreement shall become effective and binding upon the parties upon the execution of this Agreement by both parties. 1.03 DIVORCE DECREE. Husband has filed a divorce action in the Court of Common Pleas of Cumberland County, PA docketed to No 018-6833 Civil Term. With respect to that action the parties agree as follows: (A) No-Fault Divorce. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault Divorce Decree in the above captioned divorce action. (B) Affidavits and Waivers. Upon the execution of this Agreement, the parties shall execute and deliver to Husband's attorney their respective Affidavits of Consent and Waivers of Notice for filing with the Court. (C) Finalizing Divorce. Within ten (10) business days of receipt of those signed Affidavits and Waivers, Husband's attorney will file all the remaining documents necessary to secure the entry of the Divorce Decree . When that divorce decree is entered and received by Husband's attorney, she shall provide Wife with a photocopy of the divorce decree. (D) Withdrawal of Claims. If either party has filed a counterclaim, counter-affidavit, or any claim for economic relief, he or she agrees that any such claims have been fully resolved by virtue of this Agreement, and he or she shall withdraw any such -2- r claims and, if necessary, shall take such further steps as may be necessary to allow for a prompt finalization of any divorce action between the parties. 1.03. EFFECT OF DIVORCE DECREE INCORPORATION AND MERGER. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. This Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 1.04. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Diane G. Radcliff, Esquire for Husband and Joseph Hitchings, Esquire for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of 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 agreementsil 1.06. FINANCIAL DISCLOSURE. Each party represents that he or she has made a full and fair disclosure to the other party of his or her income and the marital assets and debts that would otherwise be subject to equitable distribution between the parties but for the execution of this Agreement. That full and fair disclosure includes a disclosure the following, to the extent applicable to this case: Real Property and Real Estate Mortgages; Motor Vehicles and Vehicle Liens; Stocks, Bonds, Securities and Options; Certificates of Deposit; Checking Accounts, Cash; Savings Accounts, Money Market and Savings Certificates; Contents of Safe Deposit Boxes; Trusts; Life Insurance Policies; Annuities; Gifts; Inheritances; Patents, Copyrights, Inventions, Royalties; Personal Property Outside the Home; Business; Employment Termination Benefits-Severance Pay, Worker's Compensation; Profit Sharing Plans; Pension Plans; Retirement Plans, Individual Retirement Accounts; Disability Payments; Litigation Claims (matured and unmatured); Military/V.A. Benefits; Education Benefits; Debts Due, including loans, mortgages held; Household Furnishings and Personalty; Other Assets; Loans, Credit Cards and Other Debts. 1.07. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS . Each party understands that he or she has the following procedural and substantive rights, all of which are hereby waives: - 3 - r (A) Inventory. The right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (B) Valuation. The right to have all such property valued by means of appraisals or otherwise; (C) Income and Expenses. The right to obtain from the other party an income and Expense Statement setting forth the party's income and expenses and including the party's pay stubs or income for the last six months and the parties last filed income tax return; (D) Discovery. The right to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (E) Hearings and Court Decision. The right to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. 1.08. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 1.09. MUTUAL RELEASES. Except as other wise expressly provided in this Agreement, as a result of enforcement of the terms of this Agreement, and/or as a result of the breach of this Agreement, the parties do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, including, but not limited to the following: (A) Estate Rights. Any rights which either party may have, or at any time hereafter have, to share in the Estate of the other party as a result of their marital relationship or otherwise including, without limitation: statutory allowance; widow's allowance; intestacy rights; right to take under the will of the other party; right to take against the will of the other party; and the right to act as the executor or administrator of the other's estate. The foregoing shall not apply to -4- any claims under the Will of a party executed after the date of this agreement. (B) Marital Rights. Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. (C) Waiver of Beneficiary Designation. Unless otherwise specified in this Agreement each party specifically waives any and all rights as a designated beneficiary in and to any asset or life insurance policy having a beneficiary designation which belongs to the other party under the terms of this Agreement. The parties hereby state that it is their intention by this Agreement to revoke any beneficiary designations naming the other party which are in effect as of the date of this Agreement, and if there is no other alternative or secondary beneficiary named then the beneficiary shall be deemed to be the estate of the deceased party. 1.10. EFFECT OF RECONCILIATION. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. 1.11. BREACH. If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: (A) Divorce Code Remedies. The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. (B) Damages. The right to damages arising out of breach of the terms of this Agreement. (C) Distribution of Undisclosed Assets. The right to have the court distribute any asset having a value of $250 or more which has not been disclosed as represented in paragraph 1.06 herein. (D) Attorneys Fees and Costs. The right to reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in enforcing - 5 - rights and obligations under this agreement. (E) Other Remedies. Any other remedies provided for in law or in equity. (F) Considerations for Reasonable Attorneys Fees. Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. 1.12. INCOME TAX MATTERS. With respect to income tax matters regarding the parties the following shall apply: (A) Prior Returns. Theparties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (B) Current Returns. The parties shall file individual tax returns for the current tax year and for every tax year hereafter. (C) Preservation of Records. Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. (D) No Tax on Property Division Except as specifically set forth in this Agreement, the division of marital property herein provided is not intended to constitute in any way a sale or exchange of assets. It is understood that the property transfers described herein fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer to the transferee. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the terms of this Paragraph on his or her applicable federal or state income tax returns. -6- (E) Dependency Exemption(s). Wife shall be entitled to claim the deduction for the dependency exemption for the Child, Emily Beidelman, on her applicable tax returns under Section 152(e) of the Internal Revenue Code of 1954, as amended; and Husband will sign Internal Revenue Form 8332, or any other declaration, required to implement this agreement and to provide such form or declaration to Wife within ten (10) days of a request to sign such form or declaration. Husband shalt be entitled to claim the deduction for the dependency exemption for the Child, Noah Beidelman, on his applicable tax returns under Section 152(e) of the Internal Revenue Code of 1954, as amended; and Wife will sign Internal Revenue Form 8332, or any other declaration, required to implement this agreement and to provide such form or declaration to Husband within ten (10) days of a request to sign such form or declaration. Once Husband can no longer claim the Child, Noah Beidelman on his applicable tax returns, the parties will alternate the right to claim the Child, Emily Beidelman. In odd numbered years, Wife will be entitled to claim the deduction for the dependency exemption for the Child, Emily Beidelman, on her applicable tax returns under Section 152(e) of the Internal Revenue Code of 1954, as amended; and Husband will sign Internal Revenue Form 8332, or any other declaration, required to implement this agreement and to provide such form or declaration to Wife within ten (10) days of a request to sign such form or declaration. In even numbered years, Husband will be entitled to claim the deduction for the dependency exemption for the Child, Emily Beidelman, on his applicable tax returns under Section 152(e) of the Internal Revenue Code of 1954, as amended; and Wife will sign Internal Revenue Form 8332, or any other declaration, required to implement this agreement and to provide such form or declaration to Husband within ten (10) days of a request to sign such form or declaration. 1.13. WAIVER OR MODIFICATION. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 1.14. MUTUAL COOPERATION. Each party shalt, at any time, and from time to time hereafter, and within five (5) business days of request , take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1.15. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shalt inure to the -7- benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.16. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. SECTION II DISTRIBUTION OF PROPERTY AND DEBTS 2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2.02. AFTER-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since the date of the parties' marital separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this Paragraph. 2.03. INHERITANCE. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party. 2.04 DISTRIBUTION OF MARITAL PROPERTY AND DEBTS. The parties' marital assets and debts shall be divided and distributed as follows: (A) Real Estate. The parties were previously the joint owners of real estate known and numbered as 4068 Daris Drive, Enola, PA 17025, ("the Real Estate"). The Real Estate was sold by the parties subsequent to their marital separation and the parties agreed to and did equally divide the proceeds derived from the sale -8- between them. The parties do hereby reaffirm and ratify that distribution as part of this Agreement, and waive any division and distribution contrary to the prior agreement and 50/50 distribution. (B) Vehicle(s)and Vehicle Loan(s). The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the Vehicles have been sold or traded in prior to the date of this Agreement ("Vehicles"), and loans associated therewith ("Vehicle Loan"), shall be divided and distributed as follows: (1) To Wife. The 2006 VW Jetta titled in Wife's sole name, under and subject to any Vehicle Loan for that Vehicle to be timely paid by Wife as her sole and separate liability. (2) To Husband. The 2005 VW Jetta titled in Husband's sole name, under and subject to the Vehicle Loan owed to Volkswagen Finance, to be timely paid by Husband as his sole and separate liability. (3) Vehicle Insurance. Each party shall be responsible for securing and maintaining his or her insurance on the Vehicles assigned to him or her by this Agreement. Each party will be solely and fully responsible for any uncovered expenses and costs and/or liability arising from any and all incidents and accidents involving his or her Vehicles. (4) Encumbrances. Each party will be solely responsible for the timely payment of any loans, liens or other debts encumbering the title to the Vehicles assigned to him or her. (C) Investments. The parties shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: (1) To Wife. None. There are no marital investments, and therefore, there are no Investments to be distributed to Wife. (2) To Husband. None. There are no marital investments, and therefore, there are no Investments to be distributed to Husband (D) Accounts. The parties' bank accounts, certificates of deposit, and other monetary deposits, ("the Accounts") shall be divided and distributed as follows: (1) To Wife. None. -9- (2) To Husband. Members V Accounts #2587, #5874 AND #0715 held in Husband's sole name. (E) Life Insurance. The parties' life insurance policy and the cash value thereof shall be divided and distributed as follows: (1) To Wife. None. There are no marital life insurance policies having any cash value, and therefore, there are no Life Insurance Policies to be distributed to Wife. (2) To Husband. None. There are no marital life insurance policies having any cash value, and therefore, there are no Life Insurance Policies to be distributed to Husband. (F) Retirement Plans. The parties' Pension Plan, Retirement Plan, IRAAccount, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: (1) To Wife. A flat dollar amount of $7,133.50 from Husband's Highmark Savings Investment Plan together with investment gains or losses attributable to the assigned amount from January 1, 2009 to the date the awarded amount is distributed to the Wife. The distribution to be made to Wife shall be made to her pursuant to a Domestic Relations Order ("DRO") to be prepared by Husband's attorney. To the extent permitted under the Plan, Wife payment shall be rolled over into an IRA or other qualified plan. The distribution of the said amount shall be made as soon as possible after approval of the order by the Court and the Plan Administrator. The remaining value of the Plan shall be Husband's sole and separate property. (2) To Husband. Remaining balance in Husband Highmark investment Savings plan after the distribution to Wife as set forth in subparagraph (F)(1) above. (3) Waiver. Any interest that either party may have, or may heretofore have had in or as the result of the Retirement Plans of the other party, including rights or contingent rights in and to unvested retirement benefits and/or by virtue of being a spouse, beneficiary, contingent beneficiary or otherwise is hereby extinguished, except as specifically herein provided, and the parties shall hold his or her Retirement Plans free and clear from any right or interest which the other party now has or may heretofore have -10- r had therein or thereto. (G) Personal Property. The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: (1) To Wife. All items of personal property in the possession of Wife. (2) To Husband. All items of personal property in the possession of Husband, not otherwise distributed to Wife herein. (H) Debts. The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: (1) To Wife. Wife shall be solely liable for and shall timely pay the following debts. (a) $4,934.56 of Husband's Member's 1 St Visa account to be paid by Wife to Husband within forty-five (45) days of the roll over of amount of $7,133.50 from Husband's Highmark Savings Investment Plan into an IRA account or other qualified plan for Wife as provided in subparagraph (F) above. Payment shall be made in cash or check payable to Husband or to Member's 1St as Wife may elect. If paid to Husband, then Husband shall apply the payment amount to the balance owed on the Member's 1St Visa obligation; (b) Any credit cards, loans, debts and liabilities incurred in Wife's individual name. (2) To Husband. Husband shall be solely liable for and shall timely pay the following debts: (a) the remaining balance owed on Husband's Member's 1"Visa account not paid by Wife pursuant to subparagraph (H) (2)(a). (b) Any credit cards, loans, debts and liabilities incurred in Husband's individual name. 2.05. MISCELLANEOUS DISTRIBUTION PROVISIONS. The following miscellaneous provision shall - 11 - apply to the distribution of the parties' marital assets and debts: (A) As Is Condition. Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. (B) Title Transfer. If appropriate, for effectuating the transfers as herein provided, those titles shall be executed and delivered to the appropriate party on the date of this Agreement, unless another date is provided herein. For purposes of this Paragraph the term "title" shall be deemed to include a "power of attorney" if the title is unavailable due to financing arrangements or otherwise. (C) Personalty Transfer. if either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than thirty (30) days from the date of this Agreement. (D) Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. (E) Liens. In the event any asset is subject to a lien or encumbrance, the party receiving the asset as his or her separate property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefor, unless otherwise specifically herein provided. (F) Debt Balances and Prior Payments. Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. (G) Indemnification. Any party assuming an obligation pursuant to the terms of this -12- Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. (H) After Acquired Debts. Each of the parties represents and warrants to the other that since the parties' marital separation he or he has not contracted nor incurred any debt or liability for which the other or his or her estate might be responsible. From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable. (1) Cancellation of Joint Debts. Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. Further, the parties shall cooperate in closing any remaining accounts which provide for joint liability. (J) Non-Disclosed Liability. Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. (K) Refinance. In the event a party is assuming a liability for which the parties are jointly liable, that party shall refinance the same within sixty (60) days of the date of this Agreement so as to release the other party from any and all liability thereunder. SECTION III COUNSEL FEES, SPOUSAL SUPPORT, APL, ALIMONY, CHILD SUPPORT AND CUSTODY 3.01. WAIVER OF COUNSEL FEES. The parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 3.02. ALIMONY. APL. AND SUPPORT. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance. -13- J 3.03. CUSTODY. Custody is being resolved by a separate agreement to be entered as an order of court in the above captioned divorce action. 3.04. CHILD SUPPORT. This Agreement does not cover Child Support, medical insurance for the children or contribution towards medical expenses for the children. Those matters shall be governed by the order or orders now or hereafter entered in the child support action filed by Wife in the Cumberland County, PA support action docketed to No. 01021 S 2008, Pacses #815110471, or any other support action commenced in any court of competent jurisdiction. SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 4.02. BINDING EFFECT. By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be as binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: (SEAL) CHRISTOP R M. BEIDELMAN / O / Date: l A Q ' (SEAL) ELI ETH A. B IDELMAN Date: 11:9LI I o q -14- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS. On this the /q--/ day of k4-v1 , 2009, before me the undersigned officer, personally appeared, CHRISTOPHER M. BEIDELMAN, 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 therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. NOTARY PUBLIC My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Deborah L. Donley, Notary Public Camp Hill Boro, Cumberland County My C,ommi(;sion Expires Sept, 23, 2011 COMMONWEALTH OF PENNSYLVANIA Member, Penmiy!vanla AS Ci3Von of Notaries SS. COUNTY OF On this the /^ day of , 2009, before me the undersigned officer, personally appeared, ELIZABETH A. BEIDELMAN, 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 therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. NOTARY PUBLIC My Commission Expires: COMMONWEALTH OR PENNSYLVANIA Notarial Seal Deborah L. Donley, Notary Public Camp Hill Boro, Cumberland County My Commis ion Expires Sept. 23, 2011 Member, Pennsyivart, r; Association of Notaries -15- nr -il IIE T ARY ZCC'? 0ECo 15 A -i u. 4 C.? ? .. QTY f i 7 LVA ?:? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER M. BEIDELMAN, Plaintiff V. ELIZABETH A. BEIDELMAN, Defendant TO THE PROTHONOTARY: NO. 2008-6833 CIVIL ACTION - LAW DIVORCE PRAECIPE OF TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of Filing of Complaint: 11 /19/2008 b. Manner of Service of Complaint: Defendant's Acceptance of Service C. Date of Service of Complaint: 11/25/2008 3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: 12/14/2009 b. Defendant: 12/14/2009 C. 4. RELATED CLAIMS PENDING: No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated December 14, 2009, which Agreement is to be incorporated into but not merged with the Divorce Decree. 5. DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiff's Waiver: 12/15/2009 b. Defendant's Waiver: 12/15/2009 1 N ?DCLIFF, ESQUIRE (Le ' Road Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 > ?aC OF THE P YHO' NARY 2004 DEC 15 AN 10: 2 5 CUPvlr .AUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER M. BEIDELMAN V. ELIZABETH A. BEIDELMAN NO. 2008-6833 CIVIL TERM DIVORCE DECREE AND NOW, :b cez,-&-r Z-7-,, 20og , it is ordered and decreed that CHRISTOPHER M. BEIDELMAN plaintiff, and ELIZABETH A. BEIDELMAN , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") No issues pending. All issues have been resolved pursuant to the parties' Marital Agreement dated December 14, 2009, which Agreement is to be incorporated into but not merged with the Divorce Decree. By the Court, A J. 11171, r L '! ? rothonotary Id Id 3a .©'Y ,3 V ?e,)/f i ? 4 '16 ?-- d4el - ftF t I r•r• 20 10 JUN 15 PH 2: 09 CUl ' N" y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER M. BEIDELMAN, Plaintiff : NO. 2008-6833 V. ELIZABETH A. BEIDELMAN, Defendant : CIVIL ACTION - LAW : DIVORCE STIPULATION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this day of 7 ,ir/9 , 2010, Plaintiff, Christopher M. Beidelman, and Defendant, Elizabeth A. Beidelman, stipulate and agree as follows: The only judge(s) previously assigned to this case is/are: The Honorable Kevin A. Hess, who entered the divorce decree; and The Honorable J. Wesley Oler, Jr., who entered the custody order in the companion custody case docketed to No. 10-396 Civil Term. 2. The parties have executed this Stipulation agreeing to the entry of the foregoing Qualified Domestic Relations Order and, therefore, there is no need or requirement to contact either of them prior to the entry of the qualified Domestic Relations Order. 3. The foregoing Qualified Domestic Relations Order shall be entered by the Court, the parties specifically authorizing the Court to enter that Order. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year above written. PLAN PARTICIPANT/PLAINTIFF 6? ISTO HER M. BEIDELMAN ALTERNATE PAYEE/DEFENDANT Y6frial 4bda__. E I BET A. BEIDELMAN Date: P( l/Ae Date: WV0 t, L 6 TTORNEY FOR PARTICIPANT ATTORNEY FOR ALTERNATE PAYEE 7! DSQUIRES-f Dat0 None -1 JUN (6 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER M. BEIDELMAN, Plaintiff V. ELIZABETH A. BEIDELMAN, Defendant NO. 2008-6833 CIVIL ACTION - LAW c~n N rn .E DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER (Highmark, Inc. Investment Plan) This matter coming to be heard for the purpose of the entry of a Qualified Domestic Relations Order ("QDRO") as that term is defined in Section 206(d)(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), and Section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code"), the Court having entered a Decree in Divorce in the above captioned case December 22, 2009, and the Court being fully advised in the premises, IT IS HEREBY ORDERED: 1. Parties: The parties hereto were formerly Husband and Wife. The parties were married on June 7, 2003, and were divorced by a Divorce Decree entered in this case on December 22, 2009. 2. Participant's Information: The name, last known address, Social Security number and date of birth of the Plan "Participant" are: Christopher M. Beidelman 201 Summer Lane Enola, PA 17025-1475 SSN: XXX-XX-3520' Date of Birth: XX/XX/1973 3. Alternate Payee's Information: The name, last known address, Social Security number and date of birth of the "Alternate Payee" are: Elizabeth A. Beidelman 439 Market Street, Apartment 1 New Cumberland, PA 17070 ' To protect the identifies of the parties, all social security numbers will be redacted form the original QDRO filed with the Court. SSN: XXX-XX-67112 Date of Birth: XX/XX/1982 4. The Plan: The following is the information regarding the Plan, Plan Sponsor and Plan Administrator. Any changes in Plan Administrator, Plan Sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. (a) Plan Name: the name of the Plan is the Highmark Investment Plan (hereinafter referred to as the "Plan"). (b) Plan Sponsor: The Plan Sponsor is Highmark, Inc. (c) Plan Administrator: The name and address of the Plan Administrator is: Mr. Rich Little Highmark, Inc. 1800 Center Street P.O., Box 890089 Camp Hill, PA 17011 5. Award to Alternate Payee. The following applies to the award to the Alternate Payee: (a) Amount Awarded: Alternate Payee is awarded and will obtain $7,133.50 of the value of the participant's vested account balance under the Plan determined as of December 31, 2009. (b) Actual Earnings: The determined amount will either be increased or decreased to reflect its share of the investment earnings or losses credited to the Participant's account between the date of determination and the date of assignment of the calculated award to a separate account in the Alternate Payee's name under the Plan. (c) Loans: Any outstanding loan balances will not be considered as part of the Participant's vested account balance for purposes of determining the amount to be assigned to the Alternate Payee. Participant shall retain responsibility for payment of any such outstanding loan balances. (d) Transfer to Separate Account. The calculated award determined above shall be transferred to a separate account under the Plan in the name of the Alternate Payee as soon as administratively feasible. The incomes, accruals, gains and losses experienced by such account maintained for the Alternate Payee are to accrue to such account. The Alternate Payee shall z To protect the identifies of the parties, all social security numbers will be redacted form the original QDRO filed with the Court. 2 have investment management rights pursuant to the provisions of the Plan for her account under the Plan. The Alternate Payee may elect to receive distributions from her separate account in accordance with the terms of the Plan without reference to the Participant's attainment of "earliest retirement age" as defined by Section 414(p)(4)(B) of the Internal Revenue Code of 1986,as amended. If the assigned amount is $1,000 or less, Wachovia Bank, N.A. will forward a distribution form to the Alternate Payee as soon as administratively feasible after the date of assignment of the calculated award to a separate account in the Alternate Payee's name under the Plan. If the assigned amount exceeds $1,000, it shall remain in the separate account in the Alternate Payee's name under the Plan until such time as the Alternate Payee elects a distribution in accordance with the terms of the Plan. In addition, the Alternate Payee may name a beneficiary or beneficiaries to receive any amount payable from her account under the Plan as a result of her death. (f) Participant's Interest in the Plan: After assignment of the calculated award to the Alternate Payee's account under the Plan, the Participant shall be awarded all right, title and interest in and to the Participant's account balance, as reduced above, under the Plan, free and clear of any interest of the Alternate Payee. (g) Death of Participant: In the event of the Participant's death, there will be no effect on the payment of the benefit assigned to the Alternate Payee hereunder. With respect to the Participant's account balance under the Plan not assigned to the Alternate Payee under this Order, the Alternate Payee will not be entitled to any survivor benefits. (h) Alternate Payee's Death: In the event of the Alternate Payee's death before receipt of the assigned benefit, such benefit shall be payable to the designated beneficiary of the Alternate Payee, or if there is no designated beneficiary, to the Alternate Payee's spouse or, if none, (b) living children or if none, (e) Alternate Payee's Estate; provided, however, that once benefits have commenced to the Alternate Payee, the form of benefit elected shall determine if any additional amounts shall be paid upon Alternate Payee's death. 6. Compliance with Provisions of the Law: It is this Court's intention that the provisions of the Order operate as an effective assignment of said interest both under state and federal law, for all purposes, and constitute a "Qualified Domestic Relations Order" in compliance with Section 414(p) of the Internal Revenue Code of 1986, as amended, and Section 206(d)(3) of the Employee Retirement Income Security Act of 1974, as amended. This QDRO is granted in accordance with the applicable domestic relations laws of the Commonwealth of Pennsylvania, 23 3 Pa.C.S.A Section 3101, etseq., which relate to marital property rights, child support, and/or spousal support between spouses and former spouses in matrimonial actions. In the event that it is subsequently determined by a court of competent jurisdiction, or otherwise, that the provisions of this Order fail to meet the requirements of a "Qualified Domestic Relations Order', both parties shall cooperate fully and shall execute an Order of this Court meeting all requirements of a "Qualified Domestic Relations Order", and this Court expressly reserves jurisdiction over the Participant's benefits in the above named Plan as of the date of the entry of the Judgment and Decree, in order to effectuate the assignment of benefits ordered above. This Order supercedes all previously filed orders in this matter relating to this subject. 7. Savings Clause. This Order is not intended, and shall not be construed in such a manner as to require the Plan: (a) to provide any type or form of benefit option not otherwise provided under the terms of the Plan; (b) to increased benefit, other than through accumulation of earnings; (c) to require the payment of benefits to the Alternate Payee which are required to be paid to another Alternate Payee under another order which was previously deemed to be a QDRO. 8. Plan Administration/Recovery of Excess Amounts: (a) Tax Reporting: The Alternate Payee is ordered to report any retirement payments received on any applicable income tax return. The Plan Trustee is authorized to issue a form 1099-R on any direct payments made to the Alternate Payee. (b) Address Notification. The Alternate Payee shall keep Highmark, Inc. informed if his/her current address. Notice of change of address shall be made in writing, witnessed by a notary, and mailed to: Wachovia Bank, N.A. Attn: QDRO Administrator 901 Marquette Avenue, Suite 500 Minneapolis, MN 55402 (c) Payment Error: In the event that the Plan Trustee inadvertently pays the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that the Participant has received such benefit and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. 4 In the event that the Plan Trustee inadvertently pays the Alternate Payee any benefits any benefits that are assigned to the Participant pursuant to the terms of this Order, the Alternate Payee shall immediately reimburse the Participant to the extent that the Alternate Payee has received such benefit and shall forthwith pay such amount so received directly to the Participant within ten (10) days of receipt. (d) Hold Harmless: The Participant and the Alternate Payee shall hold the Plan, Highmark,Inc., and any fiduciary harmless from any liabilities, which arise for this QDRO, including all reasonable attorneys fees which may be incurred in connection with any claims which are asserted because the Plan honors this Order. BY THE COURT: l? zo"6 "' Judge CO fm??LL' A?? 4P lie???rnat? 5 r ~ FILED-CFFICE ~~' ?'~F ° COTE-IOI~OT~.I?Y L~ I Q OCT 15 QP~ ~~ (?? "~~t~EEnLA!dD C~! --~# i Y FLA~IdSY[_~"~I~IE~, PLEADING: Petition for Enforcement of Marital Agreement /Contempt PREPARED AND SUBMITTED BY: Diane G. Radcliff, Esquire Attorney for Plaintiff PREVIOUSLY ASSIGNED JUDGES: The Honorable Kevin A. Hess (Divorce Decree) The Honorable J. Wesley Oler, Jr., (Custody Order in Custody Case #10-396) APPEARANCES BY ATTORNEYS ATTORNEY FOR PLAINTIFF, Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Phone: 717-737-0100 Fax:717-975-0697 Email: dianeradcliff C~comcast.net Supreme Court ID # 32112 DEFENDANT, Pro se Elizabeth A. Beidelman 439 Market Street Apartment 1 New Cumberland, PA 17070 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER M. BEIDELMAN, Plaintiff N0. 2008-6833 ~• CIVIL ACTION -LAW ELIZABETH A. BEIDELMAN, DIVORCE Defendant . PLAINTIFF'S PETITION FOR ENFORCEMENT OF THE PARTIES' 12/14/09 MARITAL AGREEMENT AND/OR CONTEMPT AND NOW, comes the Petitioner, Christopher M. Beidelman, by his attorney, Diane G. -2- Radcliff, Esquire, and files the above referenced Petition, and represents that: 1. This is a divorce case. This Petition involves a request for: (a) Enforcement of the parties' 12/14/09 Marital Agreement; (b) Contempt for failure to comply with the terms of the parties' 12/14/09 Agreement. 2. The following attorneys have entered their appearances in this case: (a) Diane G. Radcliff, Esquire for Plaintiff; (b) None for Defendant. 3. A copy of this Petition was provided to Wife on October 12, 2010, who was asked to consent to the relief requested in this Petition, but no such consent was obtained 4. The following Judge was previously assigned to this and any companion cases: (a) The Honorable J. Wesley Oler, Jr. who entered a stipulated custody order on 1/20/10 in the companion case docketed to Cumberland County No. 10-396 (b) The Honorable Kevin A. Hess who entered the 12/22/09 Divorce Decree. 5. Your Petitioner is Christopher M. Beidelman, (hereinafter referred to as "Hus6ond"), and is the Plaintiff in the above captioned divorce action. 6. Your Respondent is Elizabeth A. Beidelman (hereinafter referred to as "Wife"), and is the Defendant in the above captioned divorce action. 7. The parties were divorced pursuant to the Decree dated December 22, 2009 entered by the Honorable Kevin A. Hess, Judge of the Court of Common Pleas of Cumberland County, Pennsylvania in the above captioned divorce action. 8. As part of the dissolution of their marriage, the parties entered into a Marital Agreement dated December 14, 2009 (hereinafter referred to as "the 1 /14/09 Marital Agreement "). The 12/14/09 Marital Agreement has been filed of record in this case and in the interest of judicial economy is not reproduced as part of this filing. 9. Paragraph 2.04 (H)(1)(a) of the 12/14/09 Marital Agreement provides that: -3- 1. Wife shall be solely liable for and shall timely pay the following debts: (a) $4,934.56 of Husband's Member's 15C Visa account to be paid by Wife to Husband within forty-five (45} days of the roll over of amount of $7,133.50 from Husband's Highmark Savings Investment Plan into an IRA account or other qualified plan for Wife as provided in subparagraph (F) above. Payment shall be made in cash or check payable to Husband or to Member's 15Y as Wife may elect. If paid to Husband, then Husband shall apply the payment amount to the balance owed on the Member's 1s` Visa obligation; 10. The $7,133.50 was rolled over into Wife's IRA account on or about June 24, 2010. Therefore the condition precedent to Wife's payment obligation was satisfied on August 8, 2010, the day falling 45 days after the $7,133.50 roll over. 11. On August 31, 2010, Husband's attorney sent wife a letter demanding compliance with Wife to make the $4,934.56 payment required in paragraph 2.04 (H)(1)(a) of the 12!14!09 Marital Agreement. 12. To the date of this filing Wife has refused and unreasonably failed to make the $4,934.56 payment required in paragraph 2.04 (H)(1)(a) of the 12/14/09 Marital Agreement. 13. Paragraph 1.11 of the 12/ 14/09 Agreement provides for the assessment of attorney fees incurred or arising out of the unreasonable refusal of a party to carry out the terms of the Agreement. 14. Husband has incurred and will continue to incur attorney's fees and costs as the result of, or arising out of Wife's breach of the 12/14/09 Marital Agreement, which fees and costs are estimated will be approximately $800.00 to $1,000.00, and claim is made therefor. 15. Husband has continually demanded that Wife comply with the terms of paragraph 2.04 (H)(1)(a) of the 12/14/09 Marital Agreement aforesaid, but Wife continues to refuse and fait to comply with said terms. WHEREFORE, based on the foregoing, Plaintiff, Christopher M. Beidelman, respectfully requests this Honorable Court to enter an Order containing the following terms: 1. Enforcing the terms of the 12/14/09 Marital Agreement requiring Respondent to -4- pay the amount of $4,934.56 towards Husband's Member's 1S` Visa account as required by paragraph 2.04(H)(1)(a) of the 12/14!09 Marital Agreement ; 2. Awarding Petitioner interest on the $4,934.56 from August 8, 2010; 3. Entering judgment in favor of the Petitioner and against the Respondent in the amount of $4,934.56; 4. Requiring Respondent to pay for all reasonable attorneys fees and costs incurred by Petitioner in bringing this Petition in the estimated amount of $800 to $1,000; 5. Holding Respondent to be in Contempt 6. For such other and further relief as the Court may deem appropriate. Respectfully submitted, IANE DCLIFF, ESQUIRE 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Petitioner, Plaintiff -5- VERIFICATION Plaintiff verifies that the statements made in this Petition are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~' - i C STOP R M. B IDELMAN Date: ~Q~/3~o -6- CERTIFICATE OF SERVICE hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Elizabeth A. Beidelman 439 Market Street Apartment 1 New Cumberland, PA 17070 (Respondent Pro se) (~ktte~egistration No~32112) 3448 Trindle Road CamQ Hill, PA 17011 Email: dianeradcliffC~comcast.net Phone: (717) 737-0100 Fax: (717) 975-0697 Counsel for Christopher l~l. Beidelman Dated: © 2 ~ d -7- _~ OCT 18 ~u~lu IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER M. BEIDELMAN, Plaintiff v. ELIZABETH A. BEIDELMAN, Defendant N0. 2008-6833 CIVIL ACTION -LAW -~:-~ ~ --F ~_° - T-- DIVORCE "`l~ -- `~ ..- ~: . _ - RULE =~='-= --~ -~ ~-- ~ ° r ~a -w Re: Plaintiff's Petition for Enforcement of Marital Agreement and/or Contempt AND NOW, this /.(ft day of , 2010, upon consideration of the within Petition, IT IS HEREBY ORDERED that: A Rule is entered upon the Defendant to show cause why the relief requested in the within petition should not be granted. Rule Returnable at a hearing scheduled for the ~ day of , 20~o at i ~ o'clock C~.m. in Courtroom ~ of the Cumberland County Courthouse, Carlisle, Pennsylvania. The parties shall appear at that date and time and give testimony and argument on the issues raised in the within Petition. BY THE COURT: ~~~ JUDGE DISTRIBUTION TO: ~/ orney for Plaintiff :Diane G. Radcliff, Esquire, 3448 Trindle Rd., Camp Hill, PA 17011 Defendant, prose: Elizabeth A. Beidelman, 439 Market Street, Apartment 1, New Cumberland, PA 17070 /1~~~0 4 CHRISTOPHER BEIDELMAN, Plaintiff V ELIZABETH A. BEIDELMAN,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-6833 IN DIVORCE IN RE: PLAINTIFF'S PETITION FOR ENFORCEMENT OF MARITAL AGREEMENT AND/OR CONTEMPT ORDER OF COURT AND NOW, this 3rd day of December, 2010, this matter having been called for hearing, it is ordered and directed that the defendant make payment of the amount due pursuant to the marital agreement in the amount of $4,934.56. This payment to be enforced by wage attachment at the rate of $200.00 per month. The defendant's employer being RestoreCore, 2322 N. 7th Street, Harrisburg, Pa., 17110. Said checks to be made payable and mailed to Mr. Christopher M. Beidelman, 201 Summer Lane, Enola, Pa., 17025. By the Court, Diane G. Radcliff, Esquire For Plaintiff Elizabeth A. Beidelman ',?S- Pro se Defendant :bg ?a t ?S rn? c LL © -ten cQ mm = rn rtl- cn + 7:0 a o , a ° Q x? w C) M -< CO n OF THt PROTtj f fC? U#f Tjj; ??t13 'EC -3 QM 8: / C"8EOSANo CO ytVAldl,A?,?T' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER M. BEIDELMAN, Plaintiff NO. 2008-6833 v. ELIZABETH A. BEIDELMAN, Defendant CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF SERVICE I, the undersigned, being duly sworn/affirmed according to law, deposes and says: I . I am over 18 years of age and am not related to either party to this action. 2. I served a true and correct copy of the Rule on Plaintiffs Petition for Enforcement of Marital Agreement and/or Contempt, upon the Defendant, Elizabeth A. Beidelman, on by the manner checked below: [ ] a. Handing a copy to Defendant at W39 044 R k od Aft 141 h/4,4 I?v+»Rs?U.z p [ ] b. Handing a copy to , an adult member of the family with whom the Defendant resides at Defendant's residence located at , or if that person is not a member of Defendant's family, then said person is the adult person in charge of Defer 's said residen e; (' ature) (Printed name) Sworn to and subscribed before me a Notary Public in and for Cumberland Cot}nty, ennsylvania this a day o& `a- , 2W. NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SKYE It FISHER, NOTARY PUBLIC ly ARLISLE BOROUGH, CUMBERLAND COUNTY COMMISSION EXPIRES NOVEMBER 26, 2012 My commission expires: Aor-4,1 0 z;? `?-- CHRISTOPHER M. BEIDELMAN, Plaintiff VS. ELIZABETH A. BEIDELMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6833 CIVIL IN RE: PLAINTIFF'S PETITION FOR ENFORCEMENT OF MARITAL AGREEMENT AND/OR CONTEMPT ORDER AND NOW, this day of December, 2010, we award counsel fees in favor of the plaintiff, Christopher M. Beidelman, and against the defendant, Elizabeth A. Beidelman, in the amount of $400.00. Said fees to be added to the amount owed to the plaintiff and collected in the manner previously ordered. BY THE COURT, Kevin X. Hess, P. J. Diane G. Radcliff, Esquire For the Plaintiff Elizabeth A. Beidelman, Pro Se 439Market Street, Apartment 1 New Cumberland, PA 17070 Defendant :rlm Fri to LZJ x -n - =Sc3 C) Tj C) n l -C 0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CHRISTOPHER M. BEIDELMAN Plaintiff Docket No. 2008-6833 vs. Civil Action Law ELIZABETH A. BEIDELMAN Defendant Divorce ENTRY OF APPEARANCE AND NOW, this the 27th day of December, 2010, please enter the appearance of Derek J. Cordier, Esquire, as attorney of record for the Defendant, Elizabeth Beidelman, in the above captioned matter. Respectfully submitted by, .1" _- Derek J. Cordie , Esquire I.D. #8 84 319 South Front Street Harrisburg, PA 17104-1621 (717) 919-4002 - m d M , rn 37c= E .ny?'/w..1, R A PLEADING: Motion for Reconsideration and/or Vacate Orders of December 3rd and 7`s, of 2010, and to Set Aside the Marital Settlement Agreement. PREVIOUSLY ASSIGNED JUDGE The Honorable Kevin A. Hess r " - SUBMITTED BY: e t Counsel for Movant Counsel for Respondent: Derek J. Cordier, Esquire Diane Radcliff, Esquire Attorney ID No. 83284 3448 Trindle Road -- Fri 319 South Front Street Camp Hill, PA 17011 Harrisburg, PA 17104-1621 (717) 919-4002 phone (717) 213-4984 facsimile IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CHRISTOPHER M. BEIDELMAN Plaintiff vs. : Civil Action Law ELIZABETH A. BEIDELMAN Defendant : Docket No. 2008-6833 : Divorce MOTION FOR RECONSIDERATION AND MOTION TO SET ASIDE THE PARTIES' SETTLEMENT AGREEMENT AND/ OR REHEARING AND NOW this 28th day of December, 2010, comes the Defendant/Movant, Elizabeth Beidelman, hereinafter "Movant", by and through her counsel, Derek J. Cordier, Esquire, and respectfully requests that the Court to reconsider the Orders of December 3, 2010, and December 7, 2010, and/or vacate said Orders, and to set aside the parties Marital Settlement Agreement and/or provide a rehearing on the issues, and in support thereof avers the following: 1. An enforcement hearing occurred in the above captioned matter on December 3, 2010 before this Honorable Court, which lasted approximately ten minutes. 2. At said hearing, the Respondent was represented by Diane Radcliff, Esquire. 3. Movant was Pro Se. 4. It is believed and averred that the Respondent used undue influence and did not act in good faith at the time of the hearing, and at the time of the negotiations and signing of the Marital Settlement Agreement, hereinafter "Agreement". 5. The Agreement states that Movant was represented by counsel and that the Agreement was fully explained by counsel, neither of which ever happened. 6. Respondent knew prior to the signing at the law office of counsel for Respondent that the Agreement had not been explained to Movant as Movant had informed Respondent that she could not afford counsel, and therefore, the final draft of the Agreement should have reflected the change. 7. Counsel for Respondent did not attend the signing at her office therefore no counsel could have asked if Movant understood what she was signing. 8. Respondent breached the Agreement prior to Movant, as the Agreement states that he was to provide a "flat dollar" amount of $7,133.00, but due to the tax implications, for which Movant was unaware, she only received $6,691.00, (See Exhibit A), and further, said information was never provided to the court by Respondent during the hearing of December 3, 2010. 9. The Agreement calls for Respondent to rollover the $7,133.00 "as soon as possible." 10. Although the Agreement was signed in December of 2009, the rollover did not occur until June of 2010, which was clearly not as soon as possible. 11. The Agreement uses an "as soon as possible" clause for Respondent, but gives a forty-five (45) day time limit for Movant to pay for a credit card that were debts of Respondent. 12. It is believed and averred that the Respondent waited until Movant would be unable to pay the amount due him within the time limit. 13. Section 3.01 of the Agreement states "the parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses," which contradicts the breach provision, and was not mentioned in Respondent's motion or by Respondent at the hearing of December 3, 2010. (See attached Agreement). 14. Even though Respondent's Petition to Enforce calls for "judicial economy' by not providing the court with a copy of the Agreement, Respondent could have attempted to enforce the Agreement at a district justice office and without counsel, which would have in fact been for "judicial economy," and Respondent therefore failed to mitigate his damages by using counsel and this Court. 15. Clearly, Movant had a valid defense and therefore counsel fees should not have been awarded. 16. It is believed and averred that a 50/50 split of the proceeds of the marital residence would not have occurred had the Movant been represented as the parties' incomes and earning potentials are significantly dissimilar. WHEREFORE, Movant respectfully requests that the Court reconsider and/or vacate its Orders of December 3, 2010 and December 7, 2010, and set aside the parties' settlement Agreement and/or order a rehearing on the issues. I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswornn falsification t thorities. /-_1??U , for Movant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CHRISTOPHER M. BEIDELMAN Plaintiff Docket No. 2008-6833 vs. Civil Action Law ELIZABETH A. BEIDELMAN Defendant Divorce CERTIFICATE OF SERVICE I, Derek J. Cordier, herby certify that on this date, a true and correct copy of the foregoing Motion was served upon the interested parties by way of facsimile and first class mail on December 27, 2010, by USPS First Class Mail to the following individual: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Dated: Id AW-4?121-2 Submitted by: Derek J Cordier, squire Attomey'ID No 3284 319 South Front Street Harrisburg, PA 17104-1621 (717) 919-4002 phone (717) 213-4984 facsimile YOUR RETIREMENT SAVINGS STATEMENT HighMark Investment Plan 054945 0DE1T14L 11411457 liyt?ll..?Illtttlntlllt,unlll?lerlnltltlullnunlllue(I ?.?. ELIZABETH A BEIDELMAN 439 MARKET STREET APT. 1 .:. ..,. NEW CUMBERLAND PA 17070 <T-_J1_GHMN2K_ 04/011201010 06/3012010 Page 1 of 5 ACCOUNT SUMMARY Newsletter Now Online r n? plaR' o ?"d??y?p T aansferAMs Into Funds $6,976,93 you o y?e? to the educational articles and interactive tgols Check it out at Transfers Out of Furids Unrealized Gain/Loss -$6,976.93 -$262,09 . hhpJ/newsletterwellsfwgwobrwftt.corn/a Ending Balance on 0613012010 $6,691.95 dvantoges. On the website you can sign up to receive the newsletter directly to your Net Change $6,691.96 email. A new edition is available each Vested Balance $6,691.95 quarter. VESTING INFORMATION Vested balance is the amount that is Balance on Vesting Vested dnra early you yours have been based on working ri for amount this of d 06130/2010 Percentage Balance en1=04. as defined in the vesting QDRO Pre-Tax $6,691.95 100% $6,691.95 sch of your playa. Any difference Total between your account balance and $6,691.95 $6,691.95 your vested balance will be forfeited if you leave your employer before you are A* vested. ASSET ALLOCATION Your account is 100% invested in Target wturdy. YouChthuft tmrestnaP?r ,v>?N.,r, s = - Tar, t fdaturi - - - - f 00°.6-eHocated to Target Maturity. 9e ty ^ _ - _ - LifePath Index 2045 NL Fund (Class F) Current Asset Future Investment Allocation Direction 100% 100% Phis table sfrows haw your investments are currently allocated among the asset classes 10 h«Ip you delerrnkw if you need to mince ad/ustmunls 10 your auk ealion. The risel class inforr 146on is taken from reliable soureus, including the mutuat Lund Conrparaies, but is npt gvwwdeed by Wfls Fargo as to completeness or accuracy. We11s Fargo sh411 not be k bie fbf airy errors in cunft)nt, or kx any 8elions lekdn in reliance thereon Phase read daoh fund prospectus carefidly by mare information EXHIBIT A ELIZABETH A BEIDELMAN 5069612 ODElT14L 054345 195215349011 NNNNN NNNNN NN NNNNN NNNNN NNN 000001 300,123 L01('0 3!DVd Ad313W30 99dH 3 009p-88Z-LTL G5:0T 0T0Z/80/ZT MARITAL AGREEMENT THIS AGREEMENT made this _ day of , 2009, by and between ELIZABETH A. BEIDELMAN, ("Wife") of Cumberland County, PA, and CHRISTOPHER M. BEIDELMAN, ("Husband") of Cumberland County, PA. PREAMBLE AND RECITALS WHEREAS, the parties hereto are husband and wife. They married on June 7, 2003 in Marysville, Perry County, Pennsylvania, and separated on November 11, 2008. WHEREAS, The parties are the parents of two (2) children, to wit: Noah Beidelman (DOB: 3/15/04) and Emily Beidelman (DOB: 2/25/08), (the "Children"). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 1.02. DEFINITIONS. (A) Divorce Code. The term "Divorce Code" or "Code" shall be defined as Pa.C.S.A Section 101 et seq., as amended, or any successor statute thereto. - 1 - (B) Internal Revenue Code. The phrase "internal Revenue Code" shall be defined as the Internal Revenue Code of 1986, as amended, or any successor statute thereto. References to sections in the Internal Revenue Code shall referenced to sections in existence as of the date of this Agreement. (C) Asset. The word "asset" shall be defined as anything of value including, but not limited to, real and personal property, tangible and intangible property and all financial interests however held. (D) Date of Execution. The phrase "date of execution", "execution date", or date of this Agreement" shall be defined as the date that the last person signs this Agreement. (E) Date of Distribution. Except where otherwise indicated in this Agreement, the phrase "date of distribution" shall be defined as the date of execution of this Agreement. (F) Effective Date of Agreement. This Agreement shall become effective and binding upon the parties upon the execution of this Agreement by both parties. 1.03 DIVORCE DECREE. Husband has filed a divorce action in the Court of Common Pleas of Cumberland County, PA docketed to No 018-6833 Civil Term. With respect to that action the parties agree as follows: (A) No-Fault Divorce. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault Divorce Decree in the above captioned divorce action. (B) Affidavits and Waivers. Upon the execution of this Agreement, the parties shall execute and deliver to Husband's attorney their respective Affidavits of Consent and Waivers of Notice for filing with the Court. (C) Finalizing Divorce. Within ten (10) business days of receipt of those signed Affidavits and Waivers, Husband's attorney will file all the remaining documents necessary to secure the entry of the Divorce Decree . When that divorce decree is entered and received by Husband's attorney, she shall provide Wife with a photocopy of the divorce decree. (D) Withdrawal of Claims. If either party has filed a counterclaim, counter-affidavit, or any claim for economic relief, he or she agrees that any such claims have been fully resolved by virtue of this Agreement, and he or she shall withdraw any such -2- claims and, if necessary, shall take such further steps as may be necessary to allow for a prompt finalization of any divorce action between the parties. 1.03. EFFECT OF DIVORCE DECREE. INCORPORATION AND MERGER. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. This Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 1.04. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Diane G. Radcliff, Esquire for Husband and Joseph Hitchings, Esquire for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of 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 agreement 1.06. FINANCIAL DISCLOSURE. Each party represents that he or she has made a full and fair disclosure to the other party of his or her income and the marital assets and debts that would otherwise be subject to equitable distribution between the parties but for the execution of this Agreement. That full and fair disclosure includes a disclosure the following, to the extent applicable to this case: Real Property and Real Estate Mortgages; Motor Vehicles and Vehicle Liens; Stocks, Bonds, Securities and Options; Certificates of Deposit; Checking Accounts, Cash; Savings Accounts, Money Market and Savings Certificates; Contents of Safe Deposit Boxes; Trusts; Life Insurance Policies; Annuities; Gifts; Inheritances; Patents, Copyrights, Inventions, Royalties; Personal Property Outside the Home; Business; Employment Termination Benefits-Severance Pay, Worker's Compensation; Profit Sharing Plans; Pension Plans; Retirement Plans, Individual Retirement Accounts; Disability Payments; Litigation Claims (matured and unmatured); Military/V.A. Benefits; Education Benefits; Debts Due, including loans, mortgages held; Household Furnishings and Personalty; Other Assets; Loans, Credit Cards and Other Debts. 1.07. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS . Each party understands that he or she has the following procedural and substantive rights, all of which are hereby waives: - 3 - (A) Inventory. The right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (B) Valuation. The right to have all such property valued by means of appraisals or otherwise; (C) Income and Expenses. The right to obtain from the other party an income and Expense Statement setting forth the party's income and expenses and including the party's pay stubs or income for the last six months and the parties last filed income tax return; (D) Discovery. The right to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (E) Hearings and Court Decision. The right to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. 1.08. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 1.09. MUTUAL RELEASES. Except as other wise expressly provided in this Agreement, as a result of enforcement of the terms of this Agreement, and/or as a result of the breach of this Agreement, the parties do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, including, but not limited to the following: (A) Estate Rights. Any rights which either party may have, or at any time hereafter have, to share in the Estate of the other party as a result of their marital relationship or otherwise including, without limitation: statutory allowance; widow's allowance; intestacy rights; right to take under the will of the other party; right to take against the will of the other party; and the right to act as the executor or administrator of the other's estate. The foregoing shall not apply to -4- any claims under the Will of a party executed after the date of this agreement. (B) Marital Rights. Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. (C) Waiver of Beneficiary Designation. Unless otherwise specified in this Agreement each party specifically waives any and all rights as a designated beneficiary in and to any asset or life insurance policy having a beneficiary designation which belongs to the other party under the terms of this Agreement. The parties hereby state that it is their intention by this Agreement to revoke any beneficiary designations naming the other party which are in effect as of the date of this Agreement, and if there is no other alternative or secondary beneficiary named then the beneficiary shalt be deemed to be the estate of the deceased party. 1.10. EFFECT OF RECONCILIATION. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. 1.11. BREACH. If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: (A) Divorce Code Remedies. The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. (B) Damages. The right to damages arising out of breach of the terms of this Agreement. (C) Distribution of Undisclosed Assets. The right to have the court distribute any asset having a value of $250 or more which has not been disclosed as represented in paragraph 1.06 herein. (D) Attorneys Fees and Costs. The right to reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in enforcing .5- rights and obligations under this agreement. (E) Other Remedies. Any other remedies provided for in law or in equity. (F) Considerations for Reasonable Attorneys Fees. Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. 1.12. INCOME TAX MATTERS. With respect to income tax matters regarding the parties the following shall apply: (A) Prior Returns. Theparties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (B) Current Returns. The parties shall file individual tax returns for the current tax year and for every tax year hereafter. (C) Preservation of Records. Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. (D) No Tax on Property Division. Except as specifically set forth in this Agreement, the division of marital property herein provided is not intended to constitute in any way a sale or exchange of assets. It is understood that the property transfers described herein fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer to the transferee. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the terms of this Paragraph on his or her applicable federal or state income tax returns. -6- (E) Dependency Exemption(s). Wife shall be entitled to claim the deduction for the dependency exemption for the Child, Emily Beidelman, on her applicable tax returns under Section 152(e) of the Internal Revenue Code of 1954, as amended; and Husband will sign Internal Revenue Form 8332, or any other declaration, required to implement this agreement and to provide such form or declaration to Wife within ten (10) days of a request to sign such form or declaration. Husband shall be entitled to claim the deduction for the dependency exemption for the Child, Noah Beidelman, on his applicable tax returns under Section 152(e) of the Internal Revenue Code of 1954, as amended; and Wife will sign Internal Revenue Form 8332, or any other declaration, required to implement this agreement and to provide such form or declaration to Husband within ten (10) days of a request to sign such form or declaration. Once Husband can no longer claim the Child, Noah Beidelman on his applicable tax returns, the parties will alternate the right to claim the Child, Emily Beidelman. In odd numbered years, Wife will be entitled to claim the deduction for the dependency exemption for the Child, Emily Beidelman, on her applicable tax returns under Section 152(e) of the Internal Revenue Code of 1954, as amended; and Husband will sign Internal Revenue Form 8332, or any other declaration, required to implement this agreement and to provide such form or declaration to Wife within ten (10) days of a request to sign such form or declaration. In even numbered years, Husband will be entitled to claim the deduction for the dependency exemption for the Child, Emily Beidelman, on his applicable tax returns under Section 152(e) of the Internal Revenue Code of 1954, as amended; and Wife will sign Internal Revenue Form 8332, or any other declaration, required to implement this agreement and to provide such form or declaration to Husband within ten (10) days of a request to sign such form or declaration. 1.13. WAIVER OR MODIFICATION. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 1.14. MUTUAL COOPERATION. Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request , take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1.15. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the -7- benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.16. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. SECTION II DISTRIBUTION OF PROPERTY AND DEBTS 2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2.02. AFTER-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since the date of the parties' marital separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this Paragraph. 2.03. INHERITANCE. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party. 2.04 DISTRIBUTION OF MARITAL PROPERTY AND DEBTS. The parties' marital assets and debts shall be divided and distributed as follows: (A) Real Estate. The parties were previously the joint owners of real estate known and numbered as 4068 Daris Drive, Enola, PA 17025, ("the Real Estate"). The Real Estate was sold by the parties subsequent to their marital separation and the parties agreed to and did equally divide the proceeds derived from the sale -8- between them. The parties do hereby reaffirm and ratify that distribution as part of this Agreement, and waive any division and distribution contrary to the prior agreement and 50/50 distribution. (B) Vehicle(s)and Vehicle Loan(s). The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the Vehicles have been sold or traded in prior to the date of this Agreement ("Vehicles"), and loans associated therewith ("Vehicle Loan"), shalt be divided and distributed as follows: (1) To Wife. The 2006 VW Jetta titled in Wife's sole name, under and subject to any Vehicle Loan for that Vehicle to be timely paid by Wife as her sole and separate liability. (2) To Husband. The 2005 VW Jetta titled in Husband's sole name, under and subject to the Vehicle Loan owed to Volkswagen Finance, to be timely paid by Husband as his sole and separate liability. (3) Vehicle Insurance. Each party shall be responsible for securing and maintaining his or her insurance on the Vehicles assigned to him or her by this Agreement. Each party will be solely and fully responsible for any uncovered expenses and costs and/or liability arising from any and alt incidents and accidents involving his or her Vehicles. (4) Encumbrances. Each party will be solely responsible for the timely payment of any loans, liens or other debts encumbering the title to the Vehicles assigned to him or her. (C) Investments. The parties shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: (1) To Wife. None. There are no marital investments, and therefore, there are no Investments to be distributed to Wife. (2) To Husband. None. There are no marital investments, and therefore, there are no Investments to be distributed to Husband (D) Accounts. The parties' bank accounts, certificates of deposit, and other monetary deposits, ("the Accounts") shall be divided and distributed as follows: (1) To Wife. None. -9- (2) To Husband. Members 1" Accounts #2587, #5874 AND #0715 held in Husband's sole name. (E) Life Insurance. The parties' life insurance policy and the cash value thereof shalt be divided and distributed as follows: (1) To Wife. None. There are no marital life insurance policies having any cash value, and therefore, there are no Life Insurance Policies to be distributed to Wife. (2) To Husband. None. There are no marital life insurance policies having any cash value, and therefore, there are no Life Insurance Policies to be distributed to Husband. (F) Retirement Plans. The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: (1) To Wife. A flat dollar amount of $7,133.50 from Husband's Highmark Savings Investment Plan together with investment gains or losses attributable to the assigned amount from January 1, 2009 to the date the awarded amount is distributed to the Wife. The distribution to be made to Wife shalt be made to her pursuant to a Domestic Relations Order ("DRO") to be prepared by Husband's attorney. To the extent permitted under the Plan, Wife payment shall be rolled over into an IRA or other qualified plan. The distribution of the said amount shall be made as soon as possible after approval of the order by the Court and the Plan Administrator. The remaining value of the Plan shall be Husband's sole and separate property. (2) To Husband. Remaining balance in Husband Highmark investment Savings plan after the distribution to Wife as set forth in subparagraph (F)(1) above. (3) Waiver. Any interest that either party may have, or may heretofore have had in or as the result of the Retirement Plans of the other party, including rights or contingent rights in and to unvested retirement benefits and/or by virtue of being a spouse, beneficiary, contingent beneficiary or otherwise is hereby extinguished, except as specifically herein provided, and the parties shall hold his or her Retirement Plans free and clear from any right or interest which the other party now has or may heretofore have -10- had therein or thereto. (G) Personal Property. The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: (1) To Wife. All items of personal property in the possession of Wife. (2) To Husband. All items of personal property in the possession of Husband, not otherwise distributed to Wife herein. (H) Debts. The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: (1) To Wife. Wife shall be solely liable for and shall timely pay the following debts. ft's (a) $4,934.56 of Husband's Member's 1St Visa account to be paid by Wife tS to Husband within forty-five (45) days of the roll over of amount of cf? c+0ho, $7,133.50 from Husband's Highmark Savings Investment Plan into an *& IRA account or other qualified plan for Wife as provided in ? T-Am subparagraph (F) above. Payment shall be made in cash or check (so payable to Husband or to Member's 1' as Wife may elect. If paid to vw Husband, then Husband shall apply the payment amount to the balance owed on the Member's 1" Visa obligation; (b) Any credit cards, loans, debts and liabilities incurred in Wife's individual name. (2) To Husband. Husband shall be solely liable for and shall timely pay the following debts: (a) the remaining balance owed on Husband's Member's 1' Visa account .? not paid by Wife pursuant to subparagraph (H) (2)(a). f (b) Any credit cards, loans, debts and liabilities incurred in Husband's individual name. 2.05. MISCELLANEOUS DISTRIBUTION PROVISIONS. The following miscellaneous provision shall - 11 - apply to the distribution of the parties' marital assets and debts: (A) As Is Condition. Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. (B) Title Transfer. If appropriate, for effectuating the transfers as herein provided, those titles shall be executed and delivered to the appropriate party on the date of this Agreement, unless another date is provided herein. For purposes of this Paragraph the term "title" shall be deemed to include a "power of attorney" if the title is unavailable due to financing arrangements or otherwise. (C) Personalty Transfer. if either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than thirty (30) days from the date of this Agreement. (D) Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. (E) Liens. In the event any asset is subject to a lien or encumbrance, the party receiving the asset as his or her separate property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefor, unless otherwise specifically herein provided. (F) Debt Balances and Prior Payments. Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. (G) Indemnification. Any party assuming an obligation pursuant to the terms of this -12- Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. (H) After Acquired Debts. Each of the parties represents and warrants to the other that since the parties' marital separation he or he has not contracted nor incurred any debt or liability for which the other or his or her estate might be responsible. From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable. (1) Cancellation of Joint Debts. Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. Further, the parties shall cooperate in closing any remaining accounts which provide for joint liability. (J) Non-Disclosed Liability. Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. (K) Refinance. In the event a party is assuming a liability for which the parties are jointly liable, that party shall refinance the same within sixty (60) days of the date of this Agreement so as to release the other party from any and all liability thereunder. SECTION 111 COUNSEL FEES, SPOUSAL SUPPORT, APL, ALIMONY, CHILD SUPPORT AND CUSTODY 3.01. WAIVER OF COUNSEL FEES. The parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 3.02. ALIMONY, APL, AND SUPPORT. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance. M - 13 - 3.03. CUSTODY. Custody is being resolved by a separate agreement to be entered as an order of court in the above captioned divorce action. 3.04. CHILD SUPPORT. This Agreement does not cover Child Support, medical insurance for the children or contribution towards medical expenses for the children. Those matters shalt be governed by the order or orders now or hereafter entered in the child support action filed by Wife in the Cumberland County, PA support action docketed to No. 01021 S 2008, Pacses #815110471, or any other support action commenced in any court of competent jurisdiction. SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shalt be deemed to be an original, but all of which shall constitute one and the same agreement. 4.02. BINDING EFFECT. By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be as binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: (SEAL) G CHRISTOP R M. BEIDELMAN Date: (SEAL) ELI ETH A. B IDELMAN Date: 11911gt o '7 -14- COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this the /44day of 2009, before me the undersigned officer, personally appeared, CHRISTOPHER M. BEIDELMAN, 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 therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. ce. Z"zz'06 NOTARY PUBLIC My Commission Expires: COMMONWEALTH ,.0F PENNSYLVANIA Notarial Seal Deborah L. Dopey, Notary Public Camp Hill &xo, Cursheriand County My Commission E)#res Sept. 23, 2011 Memo r, P snnsy',vanla Association of Notaries COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF On this the /9y*' day of , 2009, before me the undersigned officer, personally appeared, ELIZABETH A. BEIDELMAN, 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 therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Z. ZdAi?t?x NOTARY PUBLIC My Commission Expires: COMMONWEALTH QP PENNSYLVANIA Notarial Seal Deborah L. Donley, Notary Public Camp Hil Boro, Cun iberiand County My Commission Expres Sept 23, 2011 ember, Pennsylvar73 Assoclatior. of Notaries - 15 - DEC 2 8 2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CHRISTOPHER M. BEIDELMAN Plaintiff vs. ELIZABETH A. BEIDELMAN Defendant Docket No. 2008-6833 : Civil Action Law Divorce ORDER '?O,//it NOW, this 64 day of it is hereby Ordered that upon consideration of the preceding Motion, a hearing in the above captioned matter is scheduled for / 2011, at 11106 a.m. This Court's Orders of December 3, 2010 and December 7, 2010, are HEREBY stayed, pending the hearing. BY THE COURT, Kevi .Hess, President Judge Distribution; ?Derek Cordier, Esquire, 319 South Front Street, Harrisburg, PA 17104 Mollej */Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 I-SP Ida =rn F - cnr 1 .' •fc:) c", 3> ? -n C War CC) CHRISTOPHER M. BEIDELMAN,: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW ELIZABETH A. BEIDELMAN, 2008-6833 Defendant IN DIVORCE IN RE: MOTION FOR RECONSIDERATION ORDER OF COURT AND NOW, this 11th day of February, 2011, the within motion for reconsideration and motion to set aside the parties' settlement agreement and/or rehearing is dismissed in accordance with the agreement of the parties reached this date in open court and in their presence. By the Court, Kevi A. Hess, P.J. 'Diane G. Radcliff, Esquire / For Plaintiff/Respondent V Derek Cordier, Esquire CO ?Pr Mai 16d For Defendant/Petitioner p 1( Oil oa bg M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER M. BEIDELMAN, Plaintiff NO. 2008-6833 V. CIVIL ACTION - LAW ELIZABETH A. BEIDELMAN, DIVORCE Defendant CD CUSTODY AND SUPPORT AGREEMENT AND NOW, this 15`h day of April, 2013, Elizabeth A. Beidelman, ("Mother") and Christopher M. Beidelman, ("Father") (Mother and Father are individually "Parent" and collectively "Parents") hereby stipulate and agree to the following regarding custody of their minor children, Noah Beidelman (DOB: 3/15/04) and Emily Beidelman (DOB: 2/25/08) the "Children"): 1. Father shall have sole legal custody of the Children. 2. Each Parent shall be entitled to access to any and all information regarding the health, education, religion, and general well being of the Children, and pursuant thereto each Parent shall be entitled to communicate with and receive information and documents from any persons or entities having such information and/or documents including, but not limited to doctors, clinics, hospitals, other health care providers, teachers, guidance counselors, other school personnel. 3. Mother shall be afforded reasonable electronic communication with the children inbcluding, but not limited to telephone contact, emails, texting, skpe sessions, letters and the like. 4. Each Parent shall at all times provide the other Parent with his or her residence/home address and telephone number. 5. Neither Parent shall remove and relocate the Children from the jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvania on a permanent basis without first obtaining the other Parent's written consent or a court order approving said relocation. 6. Father shall have primary physical; custody of the Children subject to Mother's right of visitation with the Children as the parties shall mutually agree. 7. Given the change in custody, Father's support obligation set forth in the Cumberland County Support action docketed to No. 01021 S 2008, Pacses No. 81511047 shall be suspended effective April 7, 2013, and any arrears or credits shall remain, but. not be collected pending further agreement of the parties or order of court. 8. The terms of this Agreement is intended to be temporary in nature and shall be subject to - 1 - h modification by the parties or the Court. 9. The Parents authorize the Court of Common Pleas of Cumberland County, Pennsylvania to enter an order incorporating the terms of this Custody Agreement. IN WITNESS WHEREOF the Parents, intending to be legally bound hereby, have set their hands and seals the day and year below written. WITNESS: /I {SEAL} CHRISTOPHER M. /BEIDELMAN Date: {SEAL} ELI BETH A. BEIDELMAN Date: �? I, 1 -2 - 2 - 0 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER M. BEIDELMAN, • Plaintiff : NO. 2008-6833 v. : CIVIL ACTION - LAW ELIZABETH A. BEIDELMAN, : DIVORCE Defendant CUSTODY ORDER AND NOW, this ad' d'ay of At , 2013 , upon consideration of the within Stipulated Custody Agreement, IT IS HEREBY ORDERED AND DECREED that the terms of the parties'Custody Agreement are incorporated by reference, made a part of this Order and are entered as an Order of this Court the same of if fully set forth herein. BY THE COURT: J. f C) .., - r r -- �y 0.3 0�I